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Meeting Date:
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6/18/2024 - 5:30 PM
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Category:
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SCHOOL FACILITIES MANAGEMENT
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Type:
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Action
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Subject:
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18.25 Insurance Settlement Claim No. 21-4074818 – release Mercedes Vargas and Progressive Advanced Insurance, regarding vehicle accident occurred at Eugenio Maria de Hostos MicroSociety School on September 4, 2021
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District Goals:
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Enclosure
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File Attachment:
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Rationale:
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This resolution is to settle with Mercedes Vargas and Progressive Advanced Insurance Company for property damage which occurred on September 4, 2021 for damages to the Eugenio Maria de Hostos MicroSociety School at 75 Morris Street Yonkers, caused by Mercedes Vargas. The District incurred expenses in the amount of $67,315.00 (Note: District Insurance Deductible is $100,000.00) for fencing repairs, masonry restoration work and glass replacement and YPS custodial overtime fees. The insurance coverage on the vehicle has a maximum of $10,000.00. After discussions with the District’s insurance broker and in-house council it was agreed to recommend acceptance of the maximum amount, $10,000.00.
Under the direction and satisfaction of School Facilities Management, the District staff using service contracts made the necessary repairs restoring the building back to good repair.
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Funding:
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450.5000.100000.1000.B6660 - Insurance Recoveries
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Resolution:
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WHEREAS on September 4, 2021, a vehicle owned and operated by Mercedes Vargas caused damages to the Eugenio Maria de Hostos MicroSociety School at 75 Morris Street Yonkers to the site and perimeter fencing, and
WHEREAS the District incurred expenses for fencing contractor, masonry contractor and custodial overtime services in an amount of $67,315.00 to restore the site, and
WHEREAS RELEASOR filed Claim No. 21-4074818 with the named insured Mercedes Vargas and Progressive Advanced Insurance Company, and
WHEREAS certain of RELEASOR’s property located at 75 Morris Street in Yonkers NY (the “PROPERTY”) was damaged as a result of the accident which occurred on September 4, 2021 (the “LOSS”), and
WHEREAS a Release and Settlement Agreement has been negotiated and entered into subject to the approval by the Yonkers Board of Education, and
WHEREAS the Board of Education has had an opportunity to review the terms of the Release and Settlement Agreement and finds the terms are fair, reasonable and appropriate under the circumstances.
NOW THEREFORE BE IT RESOLVED: That the Board of Education hereby approves the settlement of this matter in the amount of $10,000.00 and approves the Release and Settlement Agreement made between the Superintendent of Schools and Progressive Advanced Insurance Company, and
BE IT FURTHER RESOLVED, that the Superintendent of Schools and those under his direction take all steps necessary to effectuate the Release and Settlement Agreement made between the Superintendent of Schools and Progressive Advanced Insurance Company.
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Approvals:
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Recommended By:
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Signed By:
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Michael Pelliccio - Director of Facilities III
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Signed By:
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Finance Department - Finance Reviewer
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Signed By:
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Elizabeth Janocha - Deputy Commissioner
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Signed By:
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John Liszewski - Commissioner
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Signed By:
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Matthew Gallagher - Corporation Counsel
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Signed By:
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Anibal Soler, Jr. - Superintendent of Schools
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Vote Results:
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| Original Motion | | Member Kevin Cacace Moved, Member Sheila Greenwald seconded to approve the Original motion 'WHEREAS on September 4, 2021, a vehicle owned and operated by Mercedes Vargas caused damages to the Eugenio Maria de Hostos MicroSociety School at 75 Morris Street Yonkers to the site and perimeter fencing, and
WHEREAS the District incurred expenses for fencing contractor, masonry contractor and custodial overtime services in an amount of $67,315.00 to restore the site, and
WHEREAS RELEASOR filed Claim No. 21-4074818 with the named insured Mercedes Vargas and Progressive Advanced Insurance Company, and
WHEREAS certain of RELEASOR’s property located at 75 Morris Street in Yonkers NY (the “PROPERTY”) was damaged as a result of the accident which occurred on September 4, 2021 (the “LOSS”), and
WHEREAS a Release and Settlement Agreement has been negotiated and entered into subject to the approval by the Yonkers Board of Education, and
WHEREAS the Board of Education has had an opportunity to review the terms of the Release and Settlement Agreement and finds the terms are fair, reasonable and appropriate under the circumstances.
NOW THEREFORE BE IT RESOLVED: That the Board of Education hereby approves the settlement of this matter in the amount of $10,000.00 and approves the Release and Settlement Agreement made between the Superintendent of Schools and Progressive Advanced Insurance Company, and
BE IT FURTHER RESOLVED, that the Superintendent of Schools and those under his direction take all steps necessary to effectuate the Release and Settlement Agreement made between the Superintendent of Schools and Progressive Advanced Insurance Company.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 6 Nay: 0. | | The motion Carried 6 - 0 | | | | | Kevin Cacace | Yes | | Dr. Rosalba Corrado Del Vecchio | Yes | | Gail Burns | Yes | | Sheila Greenwald | Yes | | Rosemarie Linton | Yes | | Felix Rios | Yes | |
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