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Claim by Teri NoelTHE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL ~~ I~ 11 CITY ATTORNEY To: Mayor Roy D. Buol and Members of the City Council DATE: RE: Claimant Teri Noel August 29, 2007 Claim against the City of Dubuque by Teri Noel Date of Claim Date of Loss Nature of Claim 08/27/07 07/08/07 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 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 Teri Noel 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 ~~ ~~ 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 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. 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-- ~ ~ ~ ~~ 2. Address: ~ I ~ ~" ~ I -~ JQ- , ~t /` mac. ~~J~. ~ ~ ~ ~ ~~-~ ~J-~ 3. Telephone Number: ~~ ~ ~ l ~~ -, 4. Date of Incident:_~ ~y ~ 5. Time of Incident: ' • ~~ ~ 3 ~ 3U 0 ~"` 6. Location of Incident (Be specific): ~~ ~~~ ~U~ I 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give full details upon which you -base your claim. If a City employee was involveJd, give the employee's n l ~ 1 ~~ ~ ~ ~ ~ ~ ~ ~ G~ ~ Sw 1'''"`~"~' ~I ~ 0 ~~ 8. What were weather conditions like? _~ 9. Give Warne and address of any witnesses: 10. Did police investigate? (If so, give names of officers.) ~O 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). U~~ ~6 ~ ~D 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? 1~~'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.) U 15. What amount do you claim from the City of Dubuque? ~~ 16. Why do you claim the City of Dubuque is responsible? ~ i ~ ~ ~~~~ ,-- : _ ~ ~f°1 ~~~~ 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) J 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 ~~ t 20 ~~ ~. ignature dl '4nrn~n~ Q ~ ~ aQ a~!~~C~ ~ ~~ ~.~~~ ~~i (Print Name) 60 =ZI Wd !Z 0(1~ LO (Rev. 1 /00 & 7/01) ~~~.~~ ~~ ~~~ ~~-~ 11 ~ ~~, ~ ~, 4 ~ ~ ~- '~~ ~ 5 ~~ S ~ ~3 -~, ~~ S~ ~~, ,~ Y~ 5 ~; ~~ ~a i StoreName DUBUQUE, IA 52002 (563) 585-4757 05--25-07 5:39P 0985!0003/5727/G 1425XXX IDtt 999-9474--9282-6052-9014-9642-7273 GIRL 4-6X APPAR 4008$6953474 ~ 6.00 T1 GIRI_S4-6X TOPS 400885147331~:~ 6.40 T1 GIRI_S4-6X iOPS 400885147133 ~ 6.40 T1 GIRL-SITNGERIE 045299067457 * 5.60 T1 SUBTOTAL 44.40 T1= 44.40 @ 7.0%o TAX 3.11 TOTAL /~ 47.51 VISA DEBIT XXXXXXXXX'i~MX63v~5 .51 PAYMENT FROM PRIMARY ACCOUNT APPROVED StoreName DUBUQUE, IA 52002 (563) 585-4757 06-07-07 9:03P 0985/0003/0129/0 1480XXX ID# 999-9392-9278--9694-9014-9698-7014 SONOMR BO 400885805583 * 16.99 T1 * ~ SONOMA BOTTOMS 400885632226 ~ 16 ?l~'71 SONOMA BOTTOMS 614015530003 * 16.99 T1 SUBTOTAL 64,97 T1= 64.97 @ 7.Oi TAX 4.55 TOT 69.5 _ VISA DEBIT XXXXXXXXXXXX6336 69.52 PAYMENT FROM PRIMARY ACCOUNT APPROVED d~mi~aru~i~~ieahi~riim~uuiiu!R;~, ~~d~iiw~~~iwa~~iaiMiiipN~i~ai ~15~ K s~., ns~ }, a 1 ~7 ~<< ~ 5~~~ ~-~ 1 S~~~s~-~ ~ ~