06-891Council File # D( –�f � /
Green Sheet # ,30 3 aS5! �
RESOLUTION
CITY
Pzesented
PAUL, MINNESOTA
�
Resolved, that upon execution and delivery of a release of a11 claims to the City of Saint Paui, the proper
City officials are hereby authorized and directed to pay from the Saint Paul Police Department's Tort
Liability Fund, GL 001-04100-0Sll, to Walter W. Schmitt, Jr. and his attorneys Peterson & Nelson, the
sum of ten thousand dollars and no cents ($10,000.00), in full and final settlement of any and all claims for
damages sustained on the 26`� day of June, 2004 at or near the intersection of Farest and Conway, Saint
Paul, MN, when a collision occurred between a Saint Pau1 Police squad and the vehicle driven by Mr.
Schmitt.
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DATED:
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17 J�&�e of District Court
Adopted by Council: Date f'/ ��'/��
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Adoption Certified by CouncIl Secretary
Br� � dr.
Approved ay � Date I d Z G�
By:
Form Ap ved 6y C' Attomey
By: �
Foan Apprgxeyi by�v_fayor for Sub "ssion to Council
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By: (�L-�_ f ,�
Requested by Department of Human Resowc@s:
� Green Sheet Green
5heet Green Sheet Green Sheet Green Sheet Green Sheef
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Departmentlofficeiwuncil: Date Initiated:
N -x��„�o� 06SEP-06 Green Sheet NO: 3032547
CorMact Pereon & Phone: ���ent Sent To Person Ini ' te
Sandra Botlensteiner � 0 uman Resoarces �SK MAvink�
6512668887 pujgn 1 umanResources De arime tD'rec[ r
Must Be on Couneil Agenda by (Date): Number Z i a cial 'ces irecm 700 CA
20.SEP-06 For �� , �
Routing 3 i Attorne CA 700CH '2w�i/�!�(�
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Order A or• �ce Ma o/As is t
5 o ncil C' Couneil
6 ler i 1 r
Total # of Signature Pages l (Clip All Locations for Signature)
Action Requested:
Approval of Resolufion settling the bodily injury claim of Walter W. Schmitt, Jr, against the Ciry of Saint Paul and the Saint Paul
Police Deparhnentfor $10,000.
Recommendatlons: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a wnhact for this depaAment?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this persontfirtn possess a skill not normally possessed by any
current city employee? ,
Yes No
Euplain alI yes answers on separefe sheet and attach to green sheet
Initiating Problem, issues, Opportunity (Who, What, When, Where, Why):
On 7une 26th, 2004, a Saint Paul Police squad driven by Brady Harrison shuck the vehicle driven by Waker Schmitt at the intersection
of Forest and Conway, Saint Paul, MN. A full and final release has been received from Mr. ScLmitt and his attomey.
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AdvanWqes If Approved: "
An outstanding claim against the City of Saint Paul will be settled R�GE��9ED `�� � 1 � Z ���
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DisadvantaqeslfApproved: �
None. i�Af�����5 19���°.�,3s�.
Disadvantapes If Not Approved:
An outstanding claim against the City of Saint Pau1 could go into lirigation and end up costing the City of Saint Paul more.
Total Amount of
Transaction: 10000 CosURevenue Budgeted: y { �
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Fundinq Source: GL 001 Activitv Number: 04100-0511
Financial information: Police DepazhnenPs Tort Liability Fund S �� ������
(Explain)
nua-sl-O6 03:02pm From-Petarson and Nalson
651 77d 061d T-2d8 P 002J002 F-974
�j�O���l
Retease of Ail Claims
Fi1e Number C-040200
in sole consideration ofi the payment of ten thousand doltars and no cents
{$10,000.00}, ta me paid in ha�d, 1 da hereby refease artd forever discharge the City of
Sai�t Paut, the Saint Paut Pofice Depattment, Brady Harrison, their representavves,
successors, employees, assigns and all other persons, firms and corpora�ions from any
liabifity, claims, actions, causes ofi action, and demands of any kind, known or unknown,
existing or to arise in the future, resulung from or reiated m any damage, loss or injury
sustained by me arising fsam an incident which took pface on or about the 26'" day of
June, 2004 at or near tha intersection of Forest and Conway, Saint Paul, MN.
I understand that the injury may be permanent and progressive, and that recovery
may be uncerrain. I refy only on my own judgment, and on the recommendations made by
my legai representative, in making this release and do not rely on any other person in any
way . . . " . .
I understand that my signing betow, I agree to be responsible for aii medical bitls or
expenses related ta this incident, including those known and unknown, billed or yet to be
billed, and that by releasing the above named parties, I accept that they are not responsible
for any of these charges.
The payment of this money is not to be construed as an admission of liability. It
represents only the Compromise of a doubtFui and disputed cfaim.
7his release contains the entire agreement between the parties hereto, and the
terms of Yhis re(ease are contractual and nota mere recital. 7HE UNDERSIGNED HAS
READ THE �OREGOIfVG AND FULLY UNDERSTANDS IT and signs and dates it this �
day of 3 � , 2006. —
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witness
Subscribed and sworn to before me
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Sociel Security Number
tiENiSE D. ROTFF
NpTHRY Rl&,tC -AMJhESOTA
M1n' COMM1S310N
EXPIRES JqN, 37, 2 01 O