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05-722Council File # Q� Presented By Referred To Green Sheet # � � z �5�� RESOLUTION CITY OF SAINT PAUL, MINNESOTA $ Committee: Date 1 RESOLVED, that, upon execution and delivery of a release in full to the City of Saint Paul, 2 the proper Ciry officers are hereby authorized and duected to pay from the Saint Paul Police 3 DepartmenYs Tort Liabiliry Fund, 04100-0511, to Eric McCoy and his attomey, Kip 4 McClellan, the sum of ten thousand dollazs and no cents ($10,000.00) in full settlement of any 5 and all clauns for bodily injury sustained on the 2° day of November, 2002, as a result of an 6 accident with a City-owned vehicle operated by Officer Axel Henry, at or near the intersection 7 of Arcade Street and Case Avenue, Saint Paul, MN. � . ��. �-� Date Signed Absent Requested by Depariment of: Human Re ces By: Approval Recommended by dget D'uector: Adnnted hv CnnnciL 1)�te Ada By: App B � Signature of Judge of District Court �'� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � , n�,-"1?_Z DepartmenUofficelcouncil: Date Initiated: � � Hu -H���,� 27JUL-05 Green Sheet NO: 3027514 Corrtact Person 8 Phone: Deoartrnent SeM To Person InitiaUDate Sazldfa BodenSteiner � 0 uman Resources Ris Mana ement �G1�� ����� 6512668887 /�,,jgn 1 umanResoarces De arhnentDirec[or ��� ��d Must Be on Council Agenda by (Date): Number 2 i Attorne CS Attorne � � 10.AUG-05 � , For Routing 3 or'sOffice Ma or/Assistant Order 4 ouncil C" Council 5 ' Clerk Gti Clerk Total # of Signature Pages � (Clip AII tocations for Signature) Action Requested: Approval of a bodily injury settlement with Eric McCoy for injuries sustained in a velucle accident claim involving a Saint Paul Police Department Officer on November 2, 2002. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission t, Has this person/firtn ever worked under a contract for this departmenY? CIB Committee Yes No Civil Service Commission 2. Has fhis person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Preblem, Issues, Opportunity (Who, What, When, Where, Why): A City of Saint Paul Police velucle was involved in a motor velucle accident on Novexnber 2, 2002 at the intersection of Arcade Sueet and Case Avenue, Saint Paul, MN. Eric McCoy was the driver of the other velucle and sustained injuries. A full and final release of a11 clauns has been obtained. AdvantageslfApproved: An outstanding claim against the City of Saint Paul will be resolved. Disadvantapes If Approved: . � None. Disadvanta9es If Not Approved: An outshnding claim against the City of Saint Paul will not be zesolved, which could lead to addirional costs, including legal expense. Total Amount of 10000 Cost/Revenue Budgeted: y Transaction: Fundins� Source: GL001 Activity Number: 04100-0511 Finaneial Information: Police Deparhuent's Tort Liability Account (Explain) 05 Release of All Claims File Number C-020354 In sole consideration of the payment of ten thousand dollars and no cents ($10,000►, to me paid in hand, I do heceby release and forever discharge the City of Saint Paul, the Saint Paul Police Department, Officer Axel Henry, their representatives, successors, assigns and all other persons, firms and corporations from any liability, claims, actions, causes of action, and demands of any kind, known or unknown, existing or to arise in the future, resulting from or related to any damage, loss or injury sustained by me arising from an incident which took place on or about 2n day of November, 2002 at or near the intersection of Arcade Street and Case Avenue in Saint Paul, MN. I understand that the injury may be permanent and prcgressive, and that recovery may be uncertain. I rely only on my own judgment in making this release and do not rely on any other person in any way. The payment of this money is not to be construed as an admission of liability. It represents only the compromise of a doubtful and disputed claim. The undersigned agrees and forever discharges the above named parties from any claims for unpaid medical bilis, expenses or services, including, but not limited to medical expenses, pharmacy biils, prescriptions, rehabilitation costs, chiropractic costs, therapy costs, radiology examinations, surgery, and any and all subrogation claims from any provider of services relating to these expenses, whether known or unknawn, incurred now, or to be incurred in the future. Tfiis re{ease contains the entire agreement between the parties fiereto, and the terms of this release are contractual and not a mere recital. THE UNDERSIGNED HAS READ THE�OREGOING AND FULLY UNDERSTANDS IT, and signs and dates it this 2( 5 � day of �v�! � , 20C'.�� In the p se� e ofl� � ��/l/.�`=��1 witne s Eric McCoy Social Security Number: �E ��� witness Subscribed and sworn to before me this � day of r- , 20v5 . / otary Public MlCHAE110HN WEBER Notary PubiiC S7ate Of M1f1f1asOiC My Commisslon Expirea January37,2070 1�� � ��'u� �C,��1� �Ck,� d�.0� V�sz/1 s� C�' �� �'�� yti1yZ. l—� �' c— J�CCc�� G- �� C11 (/l�� G l�-'(�l� / ��nn t.�',.n J�1� C-�0.� l�iv� �Q/_� ��-�' �� �� �f _ �� � X �� �