Claim by Teri NoelTHE CITY OF
DUB ~ UE
Masterpiece on the
BARRY LIND
CITY ATTOR
To:
DATE:
RE:
Claimant
Teri Noel
MEMORANDUM
Mayor Roy D. Buol and
Members of the City Council
October 15, 2008
Claim Against the City of Dubuque by Teri Noel
Date of Claim Date of Loss Nature of Claim
10/06/08 06/30/08 Property Damage
This is a claim in which the claimant alleges damage to her and her daughter's
swimsuits resulting from uncured paint at Flora Pool.
According to the report of Gil Spence, Leisure Services Manager, this claim pertains to
the City of Dubuque 2007 Flora Pool Painting Project. Fred Jackson Tuckpointing was
retained by the City of Dubuque Leisure Services Department to provide painting
services for the Flora Pool Painting Project. The contract required the standard form of
contracts and bonds to be filed with the City, which requires Fred Jackson Tuckpointing
to hold the City harmless from any claims of damage resulting from the work.
It is therefore the recommendation of Gil Spence to forward this claim to Tricor
Insurance and Financial Services, insurer for Fred Jackson Tuckpointing, for its
consideration. The City Attorney's Office concurs with this recommendation.
BAL:tIs
cc: Michael C. Van Milligen, City Manager
Gil Spence, Leisure Services Manager
Teri Noel
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
THE CITY OF Dubuque
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Masterpiece an the Mississippi
2007
TO: Tracey Stecklein, Legal Assistant
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Teri Noel Claim
DATE: October 13, 2008
In 2007 we had a number of claims filed by users of Flora Pool that got paint on their
swim suits while sitting on the concrete at the pool. It was determined that the paint
was not adhering to the caulk joints and was coming off on swimmers.
Repairs were done last fall and we thought the problem was taken care of but it seems
it was not. We are aware of three people that had problems this summer, two have now
filed claims. Why only three people had a problem I do not know.
Ms. Noel did talk with Recreation Division Manager Pat Prevenas about her problem.
She had the same problem last year and filed a claim then also.
Last summer these claims -were referred to Tricor Insurance and Financial Services,
insurance carrier for Fred Jackson Tuckpointing, and they paid the claim.
would recommend the same process be used this year.
GDS:et
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CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
This written report constitutes your claim against the City of Dubuque, lava. You
should complete this form in full and attach any additional information that
supports your claim.
The claim must be filed with the City Clerk at City Hall, 50 West 13th St.,
Dubuque, IA 52001. It will then be referred to the appropriate department for
investigation and to the City Attorney's Office. Once that investigation is
completed, a report and recommendation will be submitted to the City Council.
You will be provided with a copy of that report and recommendation.
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The final decision on all claims is made by the City Council. No employee of the
City of Dubuque has the authority to make any representation to you as to
whether your claim will or will not be paid.
1. Name of Claimant: ~Q ~ t ~ ~ ~ I
2. Address: ) 1 ~~' ~ I ~ ~~ (G~ C ~ U4- ~~-1 ~ ~~i~ S~~ ~"~
3. Telephone Number ~ ~ ~ ~ ~ 0 ~~
4. Date of Incident: ~~ ~ ~- ~y ~ ~ ~~
5. Tirrre of Incident: ) I~ ~ ~ 3 J
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6. Location of Incident (Be specific
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7. Describe the accident or occurrence that caused injury or damage. (Give full
details upon which you base your claim. If a City employee was involved, give
the employee's name.) _
8. What were weather condit'ons like?
9. Give name and address of any witnesses: C~
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10. Did police investigate? (If so, give names of officers.) ~ c
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11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
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12. Was any damage done to property? (If so, describe property and the extent
of damages. Attach estimates of damages or describe basis for ascertaining
extent of damage.)
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13.. What other damages do you claim, if any?
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14. Have you been compensated- for any part or all of your claim by any
insurance company? (If so, give name and address of insurance company and
amount paid.)
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15. What amount do you claim from the City of Dubuque?
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16. Why do ou claim the City \of' Dubuque is responsible?
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17. Have you made any claim against anyone else for damages as a result of
this incident? (If yes, give name and address.)
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18. If the answer to Question 17 is yes, have you received any payment from that
source, and if so, in what amount?
Dated this ~ day of ~ C ~ , 20 ~
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Gap - 5208
555 John F. Kennedy Road
Dubu9ue, IA 52002
Tel. (563) 556-9176
05/26/2008 5:16:48 PM
Trans.; 5043 Store: 05208
Reg.; 002
Cashier: 1897160 Valid No:9706
SALE
III IIIIIIIIIIII IIII IIII~ III IIIIIII~ III III) III
052080025043200805269706
A/0 SHARK SWIM ~J~~/~ 19.50 T
0001 III 1 @ 19.50
T
688274 0002 -~o ~ 1 @ 19.50
Subtotal 39.00
T1 Taxable Amount 39.00
T1 (7.0000%) Tax 2.73
Total Tax 2.73
Total 41.73
Visa CS) 91.73
ou lei
Auth: AUTH 026450
Total Tender 91.73 .
Change Due O.OG
We will gladly accept returns of
Unwashed unworn, or defective
merchandise to any US store location
within 90 days of original Purchase
date. Returns with an original receipt
will receive original form of Payment
for price Paid. Returns with no receipt
will receive a merchandise credit by
- mail. R mail check will be issued when
merchandise over 5 dollars is Paid for
by check or e-check. Valid ID
will be re9uired, We aft"er a one-time
price ad.iustment when an original sales
receipt is presented within 14 days of
the date of Purchase. Please see
complete details in any Gap store
or online at gap.com.
Customer Copy
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