*Pay settlement of the estate of M.A. (a minor) wrongful death and related claims resulting from a drowning at Montavilla Community Center for $1,660,400 involving Portland Parks & Recreation

The City of Portland ordains.Section 1. The Council finds:On or about August 28th, 2023, the Estate of M.A. and M.A.’s surviving siblings K.A and A.S.A, through attorney Hala J. Gores, provided timely tort claim notice to the City of Portland of damages arising from the alleged wrongful death of M.A. and related tort claims involving Portland Parks & Recreation. The claims have been investigated by Risk Management Services, Portland Parks & Recreation, and the City Attorney’s Office. The investigation indicates there is risk the City may be found liable. The City of Portland, through Risk Management Services, Portland Parks & Recreation and the City Attorney’s Office, participated in mediation with the claimants and their attorneys on January 8th, 2025. The parties reached a mutually agreeable settlement of the claims for the sum total payable by the City of $1,660,400.00. The settlement is contingent on the approval of this Ordinance by City Council.The City Attorney’s Office, Risk Management Services, and Portland Parks & Recreation recommend the claim be compromised for the total sum of $1,660,400, subject to the claimants providing the City with releases in a form to be approved by the City Attorney. NOW, THEREFORE, the Council directs:The City Administrator is authorized to settle the claim in the amount of $1,560,400 made payable to Hala J. Gores Lawyer Trust Account FBO the Estate of M.A. and a second check in the amount of $100,000 for the benefit of M.A.’s surviving siblings and made payable to MetLife Assignment Company, Inc or such other entity as may be designated by the lawfully appointed conservator for M.A.s surviving siblings and approved by the City Attorney.Risk Management Services will execute a payment authorization in the amounts set forth in sub-paragraph (A) above.Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this wrongful death claim; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.