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Claim by Paula Nicholson 5 1 09THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN y~/~ PARALEGAL 'J~~ To: Mayor Roy D. Buol and Members of the City Council DATE: RE: Claimant May 6, 2009 Claim Against the City of Dubuque by Paula Nicholson Date of Claim Paula Nicholson 05/01 /09 Date of Loss 05/01 /09 Nature of Claim Vehicle Damage This is a claim in which the claimant alleges that as a City of Dubuque worker was mowing grass near the Dubuque Family Restaurant, a rock was thrown from the mower and broke claimant's sliding passenger door window of her Sienna van. According to the report of John Klostermann, Street & Sewer Maintenance Supervisor, Public Works records indicate that the damage to the Nicholson vehicle did occur as stated in the claim. It is therefore the recommendation of John Klostermann to approve the claim for $375.84 as filed. The City Attorney's Office concurs with this recommendation. BAL:tIs cc: Michael C. Van Milligen, City Manager John Klostermann, Street & Sewer Maintenance Supervisor Paula Nicholson 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 THE CITY OF ( ~~ DuB E Masterpiece on the Mississippi May 6, 2009 Barry Lindahl Corporation Council 50 West 131h Street Dubuque, IA 52004-4864 Dear Barry: Dubuque Public Works Department 925 Kerper Court ~' Dubuque, Iowa 52001-2405 '' ~' Office (563) 589-4250 FAX (563) 589-4252 TTY (563) 589-4193 2007 publicworks@cityofdubuque.org www.cityofdubuque.org This letter will respond to the claim filed by Paula Nicholson on May 1, 2009. Our records show that damage to the Nicholson vehicle did occurred as stated in the claim. It is therefore my recommendation to pay the claim of $375.84 as filed. If you need any additional information, please contact me, ' cerely, ~~~ hn Klostermann Street/Sewer Maintenance Supervisor Service People Integrity Responsitrility Innovation Teamwork 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 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. 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: l~ ~~ c_ 2. Address: ~ ~~ 3. Telephone Number 4. Date of Incident: ~ e ~ -~' ~~ ~~ ~ s - /' - ~ ~: ~ ,, , C ~yl ~l_. I S 5. Time of Incident: '~~ ~ ~ ~~-- 1'Yl 6. Locatip~ of Incidert (Be s~pec~ ic)S / ~ ~~~ f~ c~ ~G ; o 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 mployee's na e.) / c ~ ~ n C, ^'~ c~ cc.s ~~~c S d ° ~~ ---~ i .S~ ~ ~ ~ GAS L , i h 8. xVhat were~weather conditions like? (~ / ~ ~ ~. r~~; ~~ ~ ,~ ~- c~S S r -C ~ l 1 9. G-~ name a~ d c~r ~s of any witnesses: s 10. Did police investigate? (If so, give names of officers.) ~ e~..S ~ 9 - ~~ 11. Was, ~yone injured? (If so, give names, addresses, and extent of injuries). 13. What other damages do you claim, if any? f n~ 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.) ~ ~ 15. What amount do yo i from the City of Du uque? b , 16. Wh do you claim the City of Dubuque is responsible? r~ ~ 6 c C i e..X v ~ ~- 17. Have you made any claim against anyone else for damages as a result of this incident? ~If yes, give name and address.) ~- ~ '~1 ~~ ~~:~ 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in hat mount? Dated this ~ day of /~ ~- ~ 2~~• ~? ~ T 1 ~~ ~ i -~ --< r~ (Signature) ~._? ~ - ~ ~a r,j -~ Y17 ~ ~ S~~ ~~ G ;-i1 (Print Name) ~ «~ 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 cxtcn+ of rlamana 1 FILING A CLAIM AGAINST THE CITY OF DUBUQUE When Should I File a Claim? If you have sustained an injury or damage for which you believe the City or one of its employees is responsible, you may file a claim against the City. How Do I Request a Claim Form? In order to obtain a claim form, please contact or visit one of the following City offices: City Clerk's Office City Attornev's Office City Hall Harbor View Place, Ste. 330 50 W. 13th St. 300 Main St. Dubuque, IA 52001 Dubuque, IA 52001 563.589.4120 563.583.4113 Can 1 Send in Additional Information with the Claim Form? Yes. It is recommended that you send in as much information as possible with your claim form in order to expedite the investigation of the claim. This includes, but is not limited to, estimates, receipts, medical bills, pictures and any other information you feel may be relevant to your claim. It is also recommended that you send in copies of these items and keep the originals for your records. What Happens After I File My Claim? Once a claim has been received and file-stamped by the City Clerk, it is forwarded to the City Attorney's Office for investigation. Claims involving personal injury or substantial property damage will be forwarded to the City's claims agency for investigation. You will receive a letter from the City Attorney's Office indicating that your claim has been forwarded to the claims agency. This letter will also contain the claims agency's contact information. A claims adjuster will then contact you regarding your claim. At that point, any questions regarding your claim should be addressed to the claims adjuster. All other claims will be forwarded to the appropriate City department for investigation. After speaking with employees and consulting department records, the department manager /supervisor will make a recommendation as to whether the claim should be approved or denied. Based on that information, the City Attorney will then make a recommendation to the City Council as to whether the claim should be approved or denied. If the City Attorney recommends that the claim be denied, you will receive a copy of the department manager /supervisor's report along with the City Attorney's report to the City Council. If the City Attorney recommends that the claim be approved, you will receive the City Attorney's report to the City Council as well as a release form to be signed and returned to the City Attorney's Office. These are only recommendations. It is important to note that the final decision on all claims is made by the City Council. No employee of the City has the authority to make any representation to you as to whether your claim will or will not be paid. If the City Council approves the claim for payment at its City Council meeting, a check will be mailed to you provided the City Attorney's Office has received your signed release form. What if My Claim is Denied by the City Council? The City Council makes its determination at City Council meetings, which are held the first and third Monday of each month. We recommend writing a letter to the City Council indicating why your claim should not be denied and any additional information that you have to support your claim. It is not necessary to appeal the City Attorney's recommendation for denial of your claim before the City Council makes its determination, however, you may do so. You are invited to attend the City Council meeting when your claim will be decided; however, your attendance is not mandatory and you still have the right to appeal the City Council's decision any time after it has been made. If your claim or appeal is denied, you have the option of filing a lawsuit in a court of appropriate jurisdiction. How Long Do I Have to Wait Before My Claim is Resolved? The length of time it takes to investigate and resolve a claim depends largely on the nature of the claim and the amount of damages involved. Some claims may take a few weeks to resolve, while others may take longer. If you wish to check on the status of your claim or if you have any questions or concerns about the process, contact the City Attorney's Office at 563.583.4113. How Long Do I Have to File a Claim? You may file a claim at any time. However, if your claim is denied by the City Council and you wish to file a lawsuit, you should be aware that state law may limit the time in which to file a lawsuit. Abra Auto Glass 3400 Center Grove Dr. Dubuque, IA 52003 (563) 556-0696 /Fax (563) 556-1899 Fed. ID# 42078224 PAULA NICHOLSON (608) 747-8430 J Inv. # Quote #001391 Date 05/01/2009 cost. # 7484309 Billcode WI P.O. # Sold By Fed. Tax # Inst'1 By Year 1999 Make TOYOTA Policy # Model SIENNA Body Style VAN `~athor- ized By Lic. # V.LN. Claim # Loss Date 05/01/2009 Home Phone (608) 747-8430 Bus. Phone O - Damage/ Cause Qty. Part Description Block Size List Price Total 1 FD20275YPYN Side (lhl)(Left)(slr contr)(pnt bpd) 21.4x41.5 368.05 331.25 331.25 1 LABOR Labor 2.00 hours 20.00 20.00 sP>r-clal, INSTaucrloNS Subt t l 331 25 o a . L b 20 00 a or . All material sold on this invoice is euazanteed to be as specified, and is not safety Blazed material unless so mazked. TaX 24 $9 It is sold with the understandine that this material will not be Blazed in a "hazardous location" as defined by the . Consumer Product Safety Commission. All merchandise returned for credit, refund or exchanee must be in resaleable TOtal 37$.84 condition, authorized for return, accompanied by this receipt, and may be subject to restocking fee. No returns will be authorized for special orders or cut flat glass. Balance 375.84 RECEIVED BY The Blass listed has been replaced /repaired with like kind and quality to my entire satisfaction, and I authorize my Insurance Company to pay Abra Auto Glass directly for the glass and installation chazges, or repairs.