Review Agenda Item
Meeting Date: 7/17/2024 - 6:00 PM
Category: OFFICE OF MANAGEMENT, ADMINISTRATION, PLANNING AND OPERATIONS
Type: Action
Subject: 18.20 Insurance Settlement Claim Number FYW-2825 – release Travelers Insurance, regarding a vehicle accident which occurred at School 9, 53 Fairview Street Yonkers on October 10, 2023
District Goals:
Enclosure
File Attachment:
IFB-7069 - Milcon Bid.PDF
PS-9 - Drawings.pdf
Travelers Release form School 9.pdf
Rationale: This resolution is to settle with Travelers Insurance Company for property damage which occurred on October 10, 2023 for damages to School 9, 53 Fairview Street Yonkers, caused by Angelica Panamaplaza. The District has bid the repair work. The lowest responsible bidder was Milcon Construction, in the amount of $234,400.00 (Note: District Insurance Deductible is $100,000.00). The Insurance company evaluated the Loss and reached a Value of $160,000.00 for this damage. After discussions with the District’s insurance broker and in-house council it was agreed to recommend acceptance of the maximum amount, $160,000.00 (less deductible of $100,000).
Funding: 130.5999.B24C02.1000.B6660, Insurance Recoveries, $60,000.00
Resolution: WHEREAS on October 10, 2023, a vehicle operated by Angelica Panamaplaza caused damages to School 9, 53 Fairview Street Yonkers, to the Northwest side of the school and perimeter fencing, and

WHEREAS the District prepared documents for bidding this work and received a lowest responsible bid of $234,400.00, to restore the building and site, and

WHEREAS RELEASOR filed claim #FYW-2825 with the named insured Travelers Insurance Company;

WHEREAS certain of RELEASOR’s property located at 53 Fairview Street in Yonkers NY (the “PROPERTY”) was damaged as a result of the accident which occurred on October 10, 2023, (the “LOSS”);

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, and

NOW THEREFORE BE IT RESOLVED: That the Board of Education hereby approves the settlement of this matter in the amount of $160,000.00 and approves the Release and Settlement Agreement made between the Superintendent of Schools and the Travelers 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 Travelers Insurance Company.
Approvals:
Recommended By:
Signed By:
Michael Pelliccio - Director of Facilities III
Signed By:
Frank Hernandez - Assistant Superintendent
Signed By:
Tom Collich - Purchasing Director
Signed By:
Finance Department - Finance Reviewer
Signed By:
Elizabeth Janocha - Deputy Commissioner
Signed By:
John Liszewski - Commissioner
Signed By:
Matthew Gallagher - Corporation Counsel
Signed By:
Anibal Soler, Jr. - Superintendent of Schools
Vote Results:

Original Motion
Member Kevin Cacace Moved, Member Sheila Greenwald seconded to approve the Original motion 'WHEREAS on October 10, 2023, a vehicle operated by Angelica Panamaplaza caused damages to School 9, 53 Fairview Street Yonkers, to the Northwest side of the school and perimeter fencing, and

WHEREAS the District prepared documents for bidding this work and received a lowest responsible bid of $234,400.00, to restore the building and site, and

WHEREAS RELEASOR filed claim #FYW-2825 with the named insured Travelers Insurance Company;

WHEREAS certain of RELEASOR’s property located at 53 Fairview Street in Yonkers NY (the “PROPERTY”) was damaged as a result of the accident which occurred on October 10, 2023, (the “LOSS”);

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, and

NOW THEREFORE BE IT RESOLVED: That the Board of Education hereby approves the settlement of this matter in the amount of $160,000.00 and approves the Release and Settlement Agreement made between the Superintendent of Schools and the Travelers 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 Travelers Insurance Company.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0 Abstain: 1.
The motion Carried 5 - 0
   
Dr. Rosalba Corrado Del Vecchio     Yes
Kevin Cacace     Yes
Gail Burns     Abstain
Dr. John Castanaro     Yes
Amjed Kuri     Yes
Sheila Greenwald     Yes