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Claim by Karen LeichtTHE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Mayor Roy D. Buol and Members of the City Council DATE: July 25, 2007 RE: Claim against the City of Dubuque by Karen Leicht Claimant Date of Claim Date of Loss Nature of Claim Karen Leicht 07/18/07 07/01/07 Property Damage This is a claim in which the claimant alleges damage to her swimsuit resulting from uncured paint at Flora Pool. According to Gil Spence, Leisure Services Manager for the City of Dubuque, this claim pertains to the City of Dubuque 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 Jeanne Schneider, City Clerk Gil Spence, Leisure Services Manager Karen Leicht OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org 3 ~`~ ~ V'~~ v (/~" ~~ CLAIM AGAINST THE CITY~OF~°~UB.U~UE, IOWA This written report constitutes your claim against the City of Dubuque, Iowa. ou 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 W. 13th 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. 0 THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCI~ N~'EMP~OYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY R~~SE~TA1rIQN TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. ~ ~ ~ 7 1. Name of Claimant: c -n s> >-- :- =U U~ ~ ."'C'7 -T ~' -- 2. Address: ~ /~E' ~~ 3. Telephone Number: ~~3_ Jc~~o' ~~~ 4. Date of Inc 5. Time of Incident:_~ .` .3 D ~/T( ,~ 6. Location of Incident (Be specific): ~~~ /~ / dc~ ~ ~, ~~ ~~~~ tc.~ ~PL~lT1 Gll~°l~ 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.) +~- ~ f ~ o~ ~ ~-~ ~ 8. What were weather conditions like? _ S/.lr~ i') ~/ /~~~ IUGr i~ 4. Give name and address of any witnesses: E/~ ~ ~ G-C~c ' - ~o?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.) , ~ n - ~ - 13. What other damages do you claim, if any? /Ua~t 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?, 16. Why do you claim the City of Dubuque is responsible? ~~~U S ~' '~'"~l ~° ~ -~ i./~l~ 5~~~ ~/'~,/ . ~~ ~ ~Pl50vl~ ~ . S7~ Yom. ~ ~~ ~iQ /~or~ ~ Wt1 S a,n-~~ ~i~I7S°/' ~~ !/IS~Q ~ ~i)~,~~i J~`~i~7 ~'~~6uJ ~f?P ,~GI i/l~ ~D Have y made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) ~~~ 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 ~ day of 20 (Signature) / lam! /l / ) / V. L~~ (Print Name) (Rev. 1/00 & 7/01) ~`~o- ~ ~ To requalify for exclusive IN1/C privileges through February 2Q09, your Kohl's Charge purchases {Feb. 2007-Jan. 20013) must be $600. Your current Kohl's Charge purchases are ~ 141.68 . .,,~.....~ of Apr 1, 2007 Your Payment is Due on May 1, 2007 Previous Balance $ 53.95 Total Charges + 159.39 Total Payments - 37.00 Total Credits - 17.71 Finance Charge + 0.00 New Balance $ 158.63 To Avoid Finance Charge Pay 158.63 Trgn~pction Summary of Account 026-6760-065 Total MAR 11 Return pt the Dubuque Store .....................................................................................................($17.71} ( 3) Picture Frames ...................( 16.55) (1) Tax.................................. ........( 1.16) MAR 23 Thank You For Thy Paymant ................................... .................................................... ...............( $37.00) MAR 24 Purchgge at the Dubugya Store ............................. .................................................... ................ $159.39 <1) Swimwear ...............................50:65 (1) Ladies Outerwear....... ........,.25.00 (1) Discount.................... ..........(26.29) (1) Jr Dresses ................................34.80 (1) Swimwear..................... ..........16.80 (1) Tax...........,.......,.......... ..............10.43 ( 1) Jr Candies ..............................31.20 (1) Swirnwear........,............ ..........16.80 s spring give e .per ec g, a o s ar . Kohl's Gifit Cards sire avdilable in stores ana and e>t~lin,~ at y,<o s arge:-a e p ng m; ions o cus corners pay e r accounts orli~ne. It's easy and ecnven}ant, yot~ don`t even hclue tci leave hamei Ta register; stm~iiy log on to www,ko#1l~,cclrn and click on the M Kohl`s Char e Ilnk o s re ~ us Omer rv ce -r© essiona s are availably Sunday 14;Q0l~M tQ 11 09PM and Nlcanda - Saturda 8O~AN1 to 1 l:Q(lPM EST a - re vai a e ccoun mdince nnua on y verage ai y rngnce Limit Credit Type Charge Percentage Periodic Rate Balance Charge 1000 841 Revolvin Summar Rate 21.90% 1.83% 0.00 0.00 Notice: See reverse side for important information. ('*): Quantity greater than 99 .~