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Claim by Teamsters Local 120 Copyrighted April 3, 2017 City of Dubuque Consent Items # 2. ITEM TITLE: Notice of Claims and Suits SUMMARY: Mark Laird for property damage; Marvin and Mary Ritt for vehicle damage; Teamsters Local 120 for property damage, Rachel Wedewer for vehicle damage and personal injury; Linda Wessels for personal injury SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Refer to City Attorney ATTACHMENTS: Description Type Laird Claim Supporting Documentation Ritt Claim Supporting Documentation Teamsters Local 120 Claim Supporting Documentation Wedewer Claim Supporting Documentation Wessels Claim Supporting Documentation THE CU�-�QbE DMEMORANDUM Masterpiece on the Mississippi TRACEY .STECKLEIN PARALEGAL To: Mayor Roy D. Buol and Members of the City Council I DATE: March 20, 2017 RE: Claim Against the City of Dubuque by Teamsters Local 120 9 Claimant Date of Claim Date of Loss Nature of Claim Teamsters Local 120 03/17/17 02/12/17 Property Damage This is a claim in which claimant alleges that the City sewer line located near 195 E 14th ' Street was recently lined by the City of Dubuque, and when doing so, the City failed to cut open the lateral for the sewer pipe located at this address. As a result, sewage backed up into claimant's property. This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool cc: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer Kevin Saylor, Teamsters Local 120 S I 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 tsteckle@cityofdubuque.org Copyrighted April 3, 2017 City of Dubuque Consent Items # 3. ITEM TITLE: Disposition of Claims SUMMARY: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Kaitlyn Birch for personal injury and vehicle damage; Mark Laird for property damage; Marvin and Mary Ritt for vehicle damage; Teamsters Local 120 for property damage; Rachel Wedewer for personal injury and vehicle damage; Linda Wessels for personal injury. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Concur ATTACHMENTS: Description Type ICAP Referrals Supporting Documentation en ovll��L -PaPI-C CLAIM AGAINST THE CITY OF DUBUQUE, IOWA This written report constitutes your claim against the City of Dubuque, Iowa. 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 13t' 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 estigation 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. 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: Teamsters Local 120 2. Address: 195 E 14th Street Dubuque IA 520.01 3. Telephone Number (563) 583-9149 4. Date of Incident: February 12, 2017 5. Time of Incident: Approximately 12:00 PM 6. Location of Incident(Be specific): Res troo.its on the main floor of our office. 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.) On February 12; 2017 around 12:00 PM sewage from our lateral cound not make it to the main due to a lining failure. Sewage came back up through the floor drainsh'flooding the bathrooms, lobby, reception area, breakroom,,and the copy room on the main floor, of our office. 8. What were weather conditions like? Weather was not a factor. 9. Give name and address of any witnesses: John Rosenthal - 503 South St. Galena IL 61036 Kevin Saylor 1610 South Main St. Hazel Green WI 53811 Ron Gulyash 10009 Boleyn Rd Dubuque 1A 52001 10. Did police investigate? (if so, give names of officers.) No. but City employee Ron Gulyash did a follow up inspection locating the lining jai ure- my, RoQter was algo called in for a follow up inspection verifying the lining failure. 11. Was anyone injured? (if so, give names, addresses, and extent of injuries). No 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.) Yes, the sewage back up damaged the flooring in the bathrooms, lobby, reception area, breakroom and copy room of our office. The total amount of damage was $6583.00 (Estimate Attached) 13. What other damages do you claim, if any? None 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.) Yes, we received a check in the amount of $2594.11 from our insurance company. Western National Mutual Insurance Company 5350 West 78th Street Minneapolis MN 55439 15. What amount do you claim from the City of Dubuque? We are claiming the balance of the cost to repair the damaged flooring which is $3988.89 16. Why do you claim the City of Dubuque is responsible? The City recently had the sewer lined and failed to cut open thelateral for our sewer pipe. 17. Have you made any claim against anyone else for damages as a result of this incident? (if yes, give name and address.) No 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 17th day of March 2017 :0114��� `W (Signature) -ZJ W .L Alin 7, (Print Name) Confidential This communication and any attachments may contain information which is confidential and privileged by law and is for the use of the designated recipient. If you are not the intended recipient, you are hereby notified that you have received this communication in error, and that any review, disclosure, dissemination, distribution or copying of its contents is prohibited. Please notify City of Dubuque immediately by telephone at (563)-689-4120 of your receipt of these items and destroy the communication and any attachments immediately. Further disclosure of this rinformation may violate state and federal restrictions. Confidential information may include the following: 1) Social Security Number(s) 2) Medical/Health Information 3) Person nelil)iscip]ina ry Information 4) Bank Account Information 5) Financial Information 6) Credit Card Numbers If any documentation you desire to submit to the City of Dubuque contains any of the items above this cover sheet must be attached directly to the confidential information and indicate the type of information that is included. hereby certify that the attached documents include the following protected information: Social Security Number(s) Bank Account Information Medical/Health Information Financial Information Personnel/Disciplinary Information Credit Card Number(s) I understand that this information may be distributed within the City organization or to agents of the City for processing and I hereby authorize the City to act accordingly taking all precautions to protect my information from unnecessary distribution. Signature Date I have read the information above and do not have any confidential documentation to submit to the City of Dubuque as part of this Claim Against the City Signature Date