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Claim by J.B. PriestCity of Dubuque Consent Items # 2. City Council Meeting ITEM TITLE: Notice of Claims and Suits SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description Copyrighted July 6, 2021 Dustin McGonigle - Section 1983; J.B. Priest for property damage; Douglas Spyrison for property damage; Jane Thorne and Michael Thorne for vehicle damage; Settlement Agreement and Mutual Release of All Claims between HACAP / Operation New View and Gary Stelpflug/2G2, LLC. Suggested Disposition: Receive and File; Refer to City Attorney Claim by Dustin McGonigle Claim by J.B. Priest Claim by Douglas Spyrison Claim by Jane Thorne and Michael Thorne Settlement with Gary Stepflug and 2G2 Letter and Settlement Agreement Stepf lug and 2G2 Type Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Staff Memo Supporting Documentation CLAIM AGAINST THE CITY OF DUBUQUE, IOWAD• QIA�z G, VN0 CDS This written report constitutes your claim against the City of Dubuque, Iowa. You sh6uld 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 W. 13t" St., Dubuque, IA 52001. It will then be referred by the City Council to the appropriate department for investigation. 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: Fr;e�5e 2. Address: 10 4 � kwa J City: ,cam State: 1 A. Zip: 53L00.�,.. 3. Telephone Number: (01 aL— i A.231 9 ' 4. Date of Incident: �� 20 I 5. Time of Incident: -aye.. 5 :DO cc.- rv- 6. Location of Incident (Be specific): o 7. DESCRIBE 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 conditions like? �t 9. Give name and address of any witnesses: 1 A- 10. Did police investigate? (If so, give names of officers.) 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). 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.) 13. What other damages do you claim, if any? � X 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 you claim from the City of Dubuque? S� 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) 00 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? Dated at Dubuque, Iowa this k(o day of � L� „ , 202 . FIRM 69,1 (Rev. 5/18) QUOTATION DATE: March 5, 2021 RE: J.B. Priest — Residence 1044 Kirkwood Street Dubuque, IA 52001 612-747-3287 REF #: 1044-362 / Jeff Miller DESCRIPTION OF SERVICE COST Lower Level Laundry —tear out baseboard and replace with new $525.00 Lower Level Carpeted areas— Replace pad and carpet $350.00 Lower Level Appliance — unhook, reset, align and reinstall $200.00 Lower Level —Reinstall Boiler Cap, recheck settings $ 85.00 TOTAL $1,160.00 Pricing is based on overview of project as of above listed date. Additional fees for incidentals and critical adjustments maybe recommended at time of service. Jeff Miller, Miller Construction 5ervpro of Dubuque _ 10479 Timothy St Dubuque, IA 52003 US 5635842242 servprodubuque.com BILL TO Dana Priest 1044 Kirkwood St DUBUQUE, IA 52001 United States Fire & Water - Cleanup & Restoration'" DATE 1 �1; Ind i ,a r,r- , ,.. _ . ,._. ,:.. <.'r.ra. _.". _ Water Contents Water and mud remediation. Content moved 6,215.27 Pay To: James Elliott J & H Plumbing, LLC 5513 Olde Massey Rd. Dubuque, IA 52003 563-542-4662 Invoice # 2021- 300 To: JB Priest 1044 Kirkwood Dubuque, IA 52001 Date Service Cost 2/28/2021 Attempted servicing toilet damaged by other company Toilet not salvageable Replaced toilet with Mansfield 160-137 toilet Labor & materials $365.42 Thank you, James Total $365.42 Balance due upon receipt. Balances not paid within 30 days of invoice date will be charged a finance charge of 2% per month or the maximum permitted by law. All returned checks will incur a $30 handling charge. 3/7/2021 Bush Refrigeration 17325 Melody Circle Dubuque, IA 52001 M11we, .1B PRIEST 1044 KIRKWOOD ST. DUBUQUE. IA, 52001 For Billing or Service Information Invoice 563-582-0025 Date Invoice # 3/2/2021 5422 P.O. No. Terms Net 15 Quantity Description Rate Amount .:::::TRUE GLASS ONE DOOR COOLER RUNNING WARM:::::: FOUND COMPRESSOR NOT STARTING, CHECKED START CAPACITOR AND FOUND OK. REPLACED START RELAY AND COMPRESSOR STILL WOULD NOT START. REPLACED COMPRESSOR AND FILTER DRIER. PRESSURE TEST, EVACUATED AND RECHARGED SYSTEM WITH FREON R-134A. START UP AND CHECKED OPERATION. TECUMSEH AE4440Y-AA]A COMPRESSOR, 1/3 HP. 115 VOLT 350.00 350.00T FREON R-134A 15.96 15.96T JB 1/4 ACCESS VALVE 6.95 6.95T 3 HOURS LABOR 85.00 255.00T GAS AND TRUCK SURCHARGE 15.00 15.00T :::CUSTOMER REPO-K FED NO"1 COOLING AFTER DOWNSTAIRS WASTE WATER BACKUP::: Sales Tax (7.0%) $45.00 WE APRECIA TE YOUR BUSINESS Total $687.91 A SERVICE CHARGE OF1.5% WILL BE ASSESSED ON PAST DUE ACCOUNTS 02/12/2021 Flood Damage to basement of 1044 Kirkwood residence Water with sewage flooded into basement at 1044 Kirkwood See pictures in Sheet 2 Miller Construction $ 1,160.00 Servepro of Dubuque $6,215.27 J&H Plumbing $ 365.42 Bush Refrigeration $ 687.91 Sub Total Services $ 8,428.60 Itemized listing of items damaged/destroyed Plastic toy bus $ 2.00 American Girl dolls $ 60.00 American Girl beauty stool $ 10.00 American Girl doll bed $ 50.00 Skylander Giants Game $ 5.00 New poster frame $ 5.00 Doll and rocker $ 10.00 Large plastic toy castle $ 20.00 Large wooden toy castle $ 20.00 Children's CDs, 50+ @$0.50ea $ 25.00 Pedestal fan $ 10.00 Ribbon Christmas wreath $ 15.00 Legs (4) to coffee table $ 20.00 Interior paint sprayer $ 20.00 100-amp main panel $ 25.00 Hot water heater $ 25.00 Iron vice and pipe bending set $ 25.00 Flourescent ceiling fixture $ 29.00 Maytag oven $ 50.00 Ornate wooden wall hanging $ 50.00 Vacuum $ 75.00 New case of clay pigeons $ 50.00 Tommy John white Tees $ 80.00 8ft Christmass tree $ 100.00 Engineering textbooks (50) $ 100.00 8x10 area rug $ 200.00 8x10 area rug $ 200.00 8x12 area rug $ 200.00 Sub Total Lost Personal Items $ 1,481.00 (continued) Men's hunting clothes Assorted clothing from laundry Misc Electronics Hand tools VCR Wall pictures Window screens Toys, miscellaneous Doll cloths Total Loss $ 9,909.60 City working on main break 02/12/21 Water returning to basement through sewer line Cleaning crew Laundry area Cedar Closet Utility Room Drying Room Family Room R ti yt; Old garage area Sewage flow down steps to garage Sewage downstairs bath Cleanup and sorting New Garage 0 Toy bus $2 American Girl dolls $60 Doll and rocker $10 Skylander Giants Game $5 Am Girl doll beauty stool $10 New poster frame $5 American Girl doll bed $100 Large plastic toy castle $25 Large wooden toy castle $25 Over 50 children's CDs $25 @ $0.50 ea Pedestal fan $10 Legs (4) to glass coffee table $20 Hot water heater $25 Maytag oven $50 New case of clay pigeons $50 Interior paint sprayer $20 Iron vice and pipe bending set $25 Ornate wooden wall hanging $50 Fancy Christmas wreath $15 100-amp main panel $25 Flourescent ceiling fixture $29 Vacuum $75 8-ft Christmas Tree $100 Engineering text books, 50 books @ $2/ea $100 8x10 area rug $400 8x10 area rug $400 8x12 area rug $400 Examples of many things tossed, out but no price recorded City of Dubuque City Council Meeting Consent Items # 3. Copyrighted July 6, 2021 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: J.B. Priest for property damage, Douglas Spyrison for property damage. SUGGESTED Suggested Disposition: Receive and File; Concur DISPOSITION: ATTACHMENTS: Description I CAP Referral Type Supporting Documentation THE CITY OF DUB E N N D H a Masterpiece on the Mississippi JONI MEDINGER LEGAL ADMINISTRATIVE ASSISTANT To: Mayor Roy D. Buol and Members of the City Council DATE: 6/18/2021 RE: Claim Against the City of Dubuque by J.B. Priest Claimant Date of Claim Date of Incident Nature of Claim J.B. Priest 6/16/2021 2/12/2021 Property Damage This is a claim in which claimant alleges claimant's property was damaged due to flooding from a watermain break. 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 Christopher Lester, Water Department Manager J.B. Priest OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4113 / FAX (563) 583-1040 / EMAIL jmedinge@cityofdubuque.org