191068

Emergency Ordinance

*Pay property damage claim of Thomas Ferrin in the sum of $12,150 resulting from a motor vehicle collision involving the Portland Bureau of Transportation

Passed

The City of Portland ordains:

Section 1. The Council finds:

  1. Thomas Ferrin and the insurer, Progressive Insurance have filed a claim against the City for damages resulting from a motor vehicle collision involving the Portland Bureau of Transportation on January 19, 2022. 
     
  2. The claim has been investigated by Risk Management Services. The investigation indicates there is risk the City may be found liable.  Therefore, in order to avoid the risk of an adverse jury award, we feel it is prudent to compromise the claim at this time.
     
  3. Risk Management Services recommends the claim be compromised for the total sum of $12,149.82. Claimant, Thomas Ferrin has signed a release and has been issued payment of $1,234.29. The amount of $10,915.53 is still due to Progressive Insurance.

NOW, THEREFORE, the Council directs:

  1. The Mayor and the Auditor are hereby authorized to draw and deliver a check in the amount of $10,915.53 made payable to Progressive Insurance.
     
  2. Risk Management Services will execute the payments authorizations in the amounts set forth in sub-paragraphs (a and b) above.

Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this property damage claim; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Mary Hull Caballero

Impact Statement

Purpose of Proposed Legislation and Background Information

This Ordinance settles a property damage claim brought by Thomas Ferrin, resulting from a motor vehicle collision in northeast Portland.

Financial and Budgetary Impacts

This legislation will have no impact on City revenue.

Total cost to the City to settle the claim is $12,149.82. The source of funding is the City’s Insurance and Claims Fund. All cost of the settlement is in the current fiscal year. This Ordinance does not amend the budget.

Community Impacts and Community Involvement

This Ordinance settles a tort claim resulting from a vehicle collision involving the Portland Bureau of Transportation. No public involvement or input was sought regarding this Ordinance. The City Attorney’s Office and Risk Management have concluded that it is not appropriate to have public involvement in settlement negotiations regarding tort claims or lawsuits against the City.

No future public involvement is anticipated or necessary.  Approval by City Council of this Ordinance will fully settle a tort claim against the City of Portland.

100% Renewable Goal

This legislation will have no impact on City energy use.

Agenda Items

Passed

  • Commissioner Mingus Mapps Yea
  • Commissioner Carmen Rubio Yea
  • Commissioner Dan Ryan Yea
  • Former Commissioner Jo Ann Hardesty Yea
  • Mayor Ted Wheeler Yea

Introduced by

Contact

Jessica Bird

Liability Claims Manager

Requested Agenda Type

Consent

Date and Time Information

Requested Council Date