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Resolution
City Hall
3500 Pan American
Drive
Miami, Ft. 33133
www.ci.miami.fl.us
File Number: 05-00035 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY KIMBERLY DUFF, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF RICHARD BEATTY, DECEASED,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF $400,000 (FOUR HUNDRED
THOUSAND DOLLARS) IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS,
AGENTS AND SERVANTS, IN THE CASE OF KIMBERLY DUFF, ETC., ET. AL. V.
CITY OF MIAMI, ETC., ET AL., CASE NO. 02-23643 CIV-COOKE, UPON
EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT
AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL
CLAIMS AND DEMANDS ON A FORM ACCEPTABLE TO THE CITY ATTORNEY;
ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST
FUND, INDEX CODE NO. 515001.624401.6.652.
WHEREAS, Kimberly Duff, as Personal Representative of the Estate of Richard Beatty, deceased,
filed a claim and lawsuit against the City of Miami, Raul Martinez, and Hector Mendez, in the United
States District Court, Southern District of Florida, Case No. 02-23643 Civ-Cooke; and
WHEREAS, the City Attorney's Office has investigated this claim and lawsuit, pursuant to Sections
18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that
said claim and lawsuit be settled for the sum of $400,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay Kimberly Duff, as Personal Representative
of the Estate of Richard Beatty, deceased, without admission of liability, the sum of $400,000 (Four
Hundred Thousand Dollars) in full and complete settlement of any and all claims and demands against
the City of Miami, its officers, agents and servants in the case Kimberly Duff, etc., et al. v. City of
Miami, etc., et al., in the United States District Court, Southern District of Florida, Case No. 02-23643-
Civ-Cooke , in Miami, Miami -Dade County, Florida, upon executing a general release of the City of
Miami, its present and former officers, agents and employees, from any and all claims and demands,
or a form acceptable to the City Attorney, with funds allocated from the Self Insurance and Insurance
Trust Fund, Index Code No. 515001.624401.6.652.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
City of Miami Page I of 2 Printed On: I/24/2005
File Number: 05-00035
APPROVED AS TO FORM AND CO" RECTNESS:
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RG : FERNANDEZ6
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Footnotes:
{1) If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 1/24/2005