Feb. 13. 2020 2:58PM Bank of the West (307) 778-4846 Mo, 0252 I CTLEMENT AGREEMENT AND RELEASE ‘This Settlement Agreement and Refense (this “Agreement” is entered into and between Notasha Pamode (*Releasor”) end the City of Fort Collins (“City”), and all persons employed by or offilals of the City, acting as agents of or essooiated with the City from March 29, 2018, through tho date of this Agreement including, without limitation, Todd Hopkins and Micheel Natalzi, (oollestively, “Releasoes"), Releagor and the City sre jointly referred to as “tho Parties,” ICITALS. A. On Match 29, 2018, Natasha Patnode was detnined and aubsequently arrested in the City of Fort Collins by former Fort Collins Police Services (“FCPS”) officer Todd Hopkins ‘with the assistance of FCPS officer Michael Natolzia, Me, Patnode alleges the foroe used to detain and arrest hor was excessive pursuant to the Fourth and Fourteenth Amendments to the United States Constitution, and as a result che suffered injurles, Hereinafter, all olementa of all events involving any interaction between the Releasor and the Reloasees, at any time whatsoever before ‘he date of this Agteomont shall be included and encompassed by atiy reference to the “Inoldent.” B, The Parties intend by this Agreoment fo enter into a settlement with respect to all aspects of the Incident and to waive and release any and aff potential claims arising out of the Incident with prejudice, as well as to seoute the complete and absolute releaso of any and all claims that ars or could have been made by the Releasor erlsing from tho Incident or any {nteraction between Refessor and Releasees, on the terms and conditions get forth herein, TERMS ‘The Parties hereby agres as follows: 1, Intent for Full Release ‘This Agreement is and is intended by the Parties to constitute a complete and unqualified reloaso of all claims, actual and potential, related to the Inoident whether or not alroady asserted. bby Relensor in « civil action or elsewiiere. ‘The commitments of the Partios that follow establish the basis for this Agrooment end the resultant release, 2 Bull Jability and crite from Reloasor Tn consideration of a share of tho peyment provided herein, Releasor hereby releases and forever discharges the Releases, and all of the City’s past, prosent and future elected officials, officers, appointees, directors, employees, agents, veprocentalives, insurers and attomeys, from any snd afl past, present, or Zaure claims, demands ot obligations, actions, causes of actions, wrongful death claims, claims for loss of services, losses of consortium, comfort and society, damages, costs, expenses, and compensation of any nature whatsoover, that the Releasor now hes, or that may hereinafter ocour or otherwise be acquired, on account of, or in any way growing out of the Inofdent, including, without Umitation, any and ell known end uninown olsims for personal injuties of the Releasor and the consequences thereof, payment ofhealthoare expenses, end claims for past and fanure lose of ineome which have resulted or may result from the alleged wrongfulFeb, 13.2020 2:58PM Bank of the West (307) 778-4846 No, 0252 A 2 acts or omissions of the Reloasces. Likewise, tho City hereby seloases and forever discharges Relensor from any and all past, present, or future claims, demands or obligations, actlons, causes of actions, damages, costs, expenses, and compensation of any nature whatsoever, that tho City now has, or that may hescinafter occur or othocwiso be aequired, on eocount of, or in any way growing out of the Incident, ‘This release and dlacharge shall be a fully binding and completo sottlcinent as to the Parties to this Agreement and all Pastlos represented by or claiming through such Parties, Relessor wsderstannds that injuries may have been alleged that aro unlnown at the present end thatunknown complicaltons may arise in the future. Releasor acknowledges that the sum paid. in consideration of this Agreement is intended to and does release and discharge any claims in regard fo such unknowa or future injuries end complications, Further, Releasor expressly stipulates ond agrees in consideration of the payment provided herein, to indemnify and hold fhatmfess Releasees against any loss ftom any further olsims, demands or gotions relating to the Incident, Releasor further states thet no one identified here as « Releasor shell bring any lavrautt ‘or proceeding against anyone identified here as a Releaseo under this Agreement for any matter ia any way related to the Incident. Releasor hereby asserts and affirms that no ohereceived any Medicare or Medicaid support of eny kind or nature in conjunction with eny aspect of any claim or contention associated in any ‘way with the Incident, as well as that no one received eny conditional payment of any kind or nature fiom Medicaid or Medicare in conjunotion with any such claim or contention, Releasor warrants that no person, party ot other entity not mentioned herein received any assignment, subrogation or other right of aubstitution to the claim or claims made ot that could ‘have been made and asserted ageinst Relonsee. Releesor undotatends and agreos thet, in the event ‘my payment(s) is sought or becomes duo es a result of any claita ox lien from any doctor or other healthoare practitioner, hospital, lender or Jending institution, insurer, governmental or quasi- governtuontal agency, Modioare, Medicaid, ottorney or firm, or other individual or entity who rendored any cate to, paid for any caro for, lent any money to, or reprosented the Releasor or any of thom at any time in relation to the Incident, Releasor, nof Releases, shell pay any amount determined to be dae pussnent to any such cleims or lions, and Rolonsor agrees and covenants to hhold Jboemaloss, indemnify ond dofend Releasees, as well as Releasco's attorneys for any such amounts in every respect, 3, Covenant 8 Releasor agrees not to sue, or to assert any federel or state canse of action, at lew or in equlty, whether before a court of law ot mn administrative agenoy, against Relessee for ny claims, ‘causes of aotion, lisbilites, expenses or damages evising out of any acls by any such person or entity arising out of, orzelating fo the Inoident, whother or not raised in any prior writing, Likewise, the City agrees not to suo, oF to assert any federal or stato cause of action, at Inv or in exuity, ‘whether before a court of law or an administrative agency, againat Releasor for any claims, causes of action, liabilities, expenses or damages arising out of eny acts by eny such porson or entity arising out of, or relating to the Incident, whether or not raised in sny prior writing,Feb. 13.2020 2:50PM Bank of the West (307) 778-4846 No 0252 P9 4. Payments Upon full and complete execution of this Agreement by Relessor and their counsel, the ‘City will pay a total sum of three hundred twenty-five thousand dollars ($325,000.00) as described below, in fill end final sottlement of any and all claimg assorted by Reloasor, Sald payment is intended to completely rovolve all cloments of this matter, in tho total settlement amount of $325,000.00, The settlement check will be made payable to Killmer, Lane & Newman, LLP, ‘Taxpayer ID 43-1960972 in the amount of $325,000.00, No payment shall be duo or made before a fully executed IRS form W-9 is provided to the City by the identified reolpients ofthe settlement proooeds check desoribed herein, Releasor will aatisfy any lien or claim that might exist 28 desoribed herein out of the settlement proceeds described hero and all remaining proceeds will bo hold in trast, with Releasor muthorized to disperse the remaining settlement proceeds upon satisfying Releases that no claim of lien exists respecting such proveeds or that any auch lien or claim is satisfied in full, Releases did not pautioipate in any allocation of the settlement payment betiveon Refeasor and any attorney for fees and costs, Releasor shall be solely responsible for any reporting necessary fiom Relessor to any court or government agency respecting to the settlement payment describe herein or any other aspect of elaims asserted in conncotion with the Incident. Releasor and her attorney characterize the payment on eocount of physioal pereonal injuries within tho moaning of §104(a) of the Internal Revemve Code and if e 1099 is issued, said 1099 will only bo issued to Killmer, Lane &¢ Newman, LLP, 5, Agreement Respecting Taxes Relessor agrees to be solely responsible for any and all federal, state, or local taxes claimed or owed by Relcasor as a result of the settletnent payments described herein. The City will not withhold any taxes stom the payment and makes no representation and tales no position as to the taxabilily or non-texability of the payment, Prior to payment, appropriate tex Yoims necessary for issuance of payment will be executed aid provided by Relessor end their attomnoys, end provided to the City in conjunction with providing their slgnatures on this Agreement, If Reledisoes are ever found responsible for any tex Hability arising from the Releasor’s fair to satisfy any tax liability owing by them on any payment described herein, Reloasor agecos to defend, indemnify ond hold Retessees harmleas for any tex, interest or penalty assessed on @ tax lisbility owing by them, within twenty (20) days after receipt of notice of the tex liability by Roleasees, or following ¢uch longer period of time as apecified by the taxing suthorities; provided, that Releesor reserves the right to defend and oppose, levefully and appropriately, any asserted tax lisbittty, 6, Efual Compromise: No Admissions ‘The Relensor agrees ‘and acknowledges that payment of the sum spocified in this Agreement is acoepted as a full, final and complete compromise of matters involving disputed issues; that nelther payment of tho sum nor tho nogotiations of this Agreement (including all statements, admiseions or communications) by the Parties and their attorneys or representatives, hall be considered admissions by anyone; and, that no past or present wrongdoing on tho part of anyone shall be implied by such payment or negotiations, Releasar also expressly agrees thattheFeb, 13. 2020 2:59PM Bank of the West (307) 778-4846 No, 0252. 4 terms and conditions of this Agresment shall not constitute and shall not be asserted to constitute ‘any admission reapeoting any facta oF liability claims whatsoover with regerd to any aspeots of this dispute or the Jucident. The Parties intend that this Agreement attain and receive the broadest possible application and interpretation to support the finality, release endl settlement of suy past or existing dispute between the Parties, 7. — Tntogration Clanse ‘This Agreement contains the entire agreement of the Pasties with rogerd to the matters set forth in It and shall bo binding upon and inure to the benefit of the Parties, jointly and severally, ‘and tho executors, administrators, porsonal representatives, heirs and successors of each. 8 cto ‘This Agreoment is entered into in the State of Colorado and shall be construed and, {interpreted in accordance with its laws, 9, Voluntary Acceptance AFTER DUE DELIBERATION, RELEASOR VOLUNTARILY DECIDES TO ENTER. INTO THIS AGREEMENT, RELEASOR REPRESENTS THAT THE TERMS OF THIS AGREEMENT WERE READ IN FULL BY RELEASOR, THAT SHE WAS AFFORDED THE OPPORTUNITY TO RETAIN LEGAL COUNSEL TO EXPLAIN THE MEANING AND LEGAL SIGNIFICANCE OF BACH AND EVERY PROVISION HEREOF, AND THAT THOSE TERMS ARE FULLY UNDERSTOOD AND VOLUNTARILY ACCEPTED BY RELEASOR, 10, Cooperation of Parties All Putios egrce to cooperate fully and to execute any and ell supplementary documents nd to take ll additional actions that may be necessary or appropriate fo give full force andl effect to the basic terms and intent of this Agreement, and that are not inconsistent with its terms, 11, Modification or Amendment; No provision of this Agreement shall be modified. or amended except pursuant to a writing signed by each of tho Partlog executing this Agreement, THE UNDERSIGNED CAREFULLY READ JHE FOREGOING SETTLEMENT AGREEMENT AND RELEASE, UNDERSTANDS THE CONTENT OF THE DOCUMENT AND SIGNS THIS SETTLEMENT AGREEMENT AND RELEASE WITHOUT DURUSS OR UNDUE INFLUENCE. ~~ REMAINING PAGE LEFT BLANK -—~Feb. 13.2020 2:59PM Bank of the West (307) 778-4846 Wo. 0252 5 Bxeouted this {day ofFetneuanh2m0, é : v “ ‘ORE SIGNING] stage Patnode a STATE OF COLORADO ) js, COUNTY OF i ‘The foregoing Instrument as acknowledged before me this _[B day of Fabninrsy :2020by, Witooss my hand and official seal, My commission oxpires: APPROVED AS TO FORM: Killmer, ‘Take & Nowman, LLP 1543 Champs Strest, Suite 400 ‘Denver, CO 80202Feb. 13.2020 2:59PM Bank of the West (307) 770-4846 Mo 0252 6 BECKS’ City Chief Financial Officer