company, are hereinafter collectively referred to as releasees ... · a public record as defined at...
TRANSCRIPT
GENERAL RELEASE
RECITALS
1 NICOLA SAPP any and all of her heirs personal representatives executors administrators attorneys successors and assigns are hereinafter collectively referred to as RELEASOR
2 The County of EI Paso Colorado (EPC) Administrative Services (ADM) any of their current or former entities officials employers successors assigns attorneys employees volunteers agents servants insurers self-insurers and reinsurers if any including but not limited to OneBeacon America Insurance Company are hereinafter collectively referred to as RELEASEES
3 RELEASOR and RELEASEES are collectively referred to as the Parties
4 EPC - ADM and RELEASOR are desirous of terminating their employment relationship in an amicable manner under the terms of the Waiver and Release (Waiver and Release or Agreement)
5 RELEASEES ended RELEASORS current employment position of Deputy County Administrator effective 500 pm March 19 2019 RELEASEES have offered RELEASOR an employment separation benefits package Any factual allegations and claims made by RELEASOR regarding the employment separation were and continue to be denied and disputed by RELEASEES
6 RELEASOR has decided to enter into this General Release on the terms set out in these recitals and agreement below and reach a complete resolution of her employment termination based on employment separation as well as any and all claims of any kind RELEASOR may have against RELEASEES occurring up to the date of the execution by RELEASOR of this General Release for damages andor injuries of any kind known and unknown foreseen and unforeseen For the purpose of this General Release all of the claims if any asserted regarding the employment separation and all other actual or potential claims or disputes among the Parties shall be referred to hereafter collectively as the Claims
7 In entering into this General Release it is acknowledged that both RELEASOR and RELEASEES have incurred or will incur considerable costs and fees in pursuing and defending this possible employment claim and that RELEASEES enter into this agreement for the sole purpose of avoiding the costs of litigation and no other which would necessarily be paid with taxpayer funds and which are likely to exceed the costs of this settlement agreement
OCA Released Pursuant to CORA - 000001
OCA RELEASED PURSUANT TO CORA 32619
8 to pay ONE HUNDRED SIX THOUSAND HUNDRED FIFTY-FOUR DOLLARS AND 42100 ($10635442) in settlement of any and as the payment for all claims that might have been brought in any lawsuit or in any or federal judicial or administrative forum up to the date of the execution of this Waiver and including any claims for attomeys and costs shall apply appropriate withholdings against payments goes to work for Paso County Colorado (County) as a full- or part-time within one (1) year of receipt of this lump sum the required to reimburse any sum paid out under this Waiver Release to which the would not otherwise entitled In this reimbursement will calculated on a monthly proshyrata basis This reemployment provision reemployment in any Paso County department or to employment with any or appointed including the Sheriff
Assessor Clerk and Recorder Coroner District Attorney or Public Trustee
Further will not contest any application makes for unemployment compensation but will answer truthfully any questions asked by any agency concerning RELEASOR and makes no guarantee concerning
eligibility for unemployment compensation
9 irrevocably and unconditionally to release and release and discharge from any all claims occurring up to the date of the execution by of this Release for any and all damages injuries attorneys andor costs pursuant to any federal or statute constitution common law or or otherwise known and unknown foreseen and unforeseen including but not limited to any claims for economic damages nonshyeconomic damages punitive damages andor those which may now or hereafter out of or result in any way from the Claim described in recitals andor Claim andor which have or could have made as well as any and all relating thereto and any and all consequences thereof RELEASOR understands is hereby informed that release of claims specifically includes but not by way of limitation claims
bull The Equal Pay Act bull National Labor Act
bull The Standards bull Title VII of the Civil Rights Act of 1 as amended
2 OCA Released Pursuant to CORA - 000002
OCA RELEASED PURSUANT TO CORA 32619
bull The Post-Civil War Reconstruction Acts (42 USC sectsect 1981 988)
The Retirement Income Security Act
bull The Employee Retirement Income Secu rity Act
bull The Civil Rights Act of 1991
bull The Family and Medical Act (FMLA)
bull The Colorado Anti-Discrimination Act as amended (CADA)
bull The Age Discrimination in Employment Act
The Americans with Disabilities Act as amended
(lit The Rehabilitation Act of 1973
(lit Employee Retirement Income Security Act (ERISA)
bull Any other federal statute
bull Any state civil rights act
bull Any state statute
bull Any state statutory wage claim
bull Any claim of retaliatory treatment
bull Any claim of wrongful discharge against public policy
bull Any claim in tort contract or for violation of the covenant of good faith and fair dealing
bull Any claim seeking declaratory injunctive or equitable relief
bull Any other claim any type whatsoever arising out of federal law the common law of any any state statute or local law
bull Any claims for any costs or attorneys incurred
10 understands and agrees that this Release prevents any further claims against of any kind arising from any and all of the incidents alleged in the Claim This includes any other class action arising out of these events to date or in future
11 represents and warrants that other than that which is set forth in the Recitals to this Release RELEASOR has not filed or caused to filed or any claim or charge in or with court or agency based on or related
the Claims and agrees that she will not file any claim with any court based on or related to the Claims against If an administrative charge with any or federal administrative agency (Charge) RELEASOR agrees that she will not entitled to any relief or remedies pursuant to any of her allegations in the Charge (the Allegations) after this General Release agreement becomes effective If her attorney or anyone acting on behalf files any civil action in any court asserting any claims based on the Allegations against any or files any charge or complaint with an administrative agency asserting any of the Allegations against any and seeking personal relief or remedies for RELEASOR this General Release may be used by the RELEASEES as a complete defense to any such claims and the personal relief or remedies and RELEASOR understands that will not be entitled to any personal relief or remedy
Page 3 OCA Released Pursuant to CORA - 000003
OCA RELEASED PURSUANT TO CORA 32619
12 RELEASOR hereby declares and that except as may be expressed in General Release no other person firm or corporation has received any assignment subrogation or lien including but not limited to medical lien attorney lien levy or right of substitution arising out of alleged injuries or damages incurred from the Claim andor to the claims or money constituting consideration in this General
In the event RELEASEES are subjected to claims by any person firm corporation or entity under any actual or purported assignment subrogation or lien including but not limited to medical lien medical billing or obligation attorney lien levy tax levy or right of substitution arising out of alleged injuries or damages incurred from the Claims or money constituting consideration in this General Release will hold harmless from any such claims or demands and indemnify RELEASEES for any judgment obtained or reasonable payments made by RELEASEES for settlement or resolution of such claims and for attorney incurred by by reason of such claims
13 RELEASOR understands and agrees that she is solely responsible for all tax obligations including all reporting and payment obligations she may have that may arise as a consequence of this General Release and the monetary consideration provided to them pursuant to it RELEASOR agrees that have provided no representation or advice as to how this consideration is to be characterized or allocated or as to the tax treatment or tax reporting or payment obligations for the monetary consideration set out herein
1 further warrants that she fully realizes that may have sustained unknown and unforeseen losses costs expenses damages liabilities claims bodily personal or psychological injuries damage to property or business losses and consequences thereof which may be at this time heretofore and hereafter unknown unrecognized and not contemplated by which resulted or mayor will result from the above-mentioned Claim and all matters incident or related thereto and that no promise or inducement has been offered except as herein
forth and that all agreements and understandings between the Parties are expressed herein that this General Release was executed without reliance upon any statement or representation by RELEASEES and that RELEASOR is legally competent to execute this Release RELEASOR accepts full responsibility and assumes the risk of any mistake of fact or law as to any damages losses or injuries whether disclosed or undisclosed including any mistake in medical diagnosis or prognosis for any injuries known or unknown sustained as a result of above-mentioned Claim and all matters incident and related thereto applicable to Claims and any potential claims RELEASOR has or may have against
1 RELEASEES hereby advise RELEASOR
a that she should consult with an attorney prior to executing this General Release
Page 4 OCA Released Pursuant to CORA - 000004
OCA RELEASED PURSUANT TO CORA 32619
b that she has Twenty-One (21) days within which to consider this General Release and
c that for a period of seven (7) days following execution of this Release may revoke this General Release and that it shall not become effective or enforceable until expiration of said seven (7) day period
RELEASOR acknowledges and agrees that she will receive the consideration described in paragraph 19 below only upon expiration of the seven (7) day time period described above and that this consideration represents a consideration to which RELEASOR is not presently otherwise entitled
16 RELEASOR represents and warrants that prior to the date RELEASOR signs this Agreement did not disclose to any person other than to
spouse tax advisor andor counsel the terms of this Agreement After signs this Agreement neither RELEASOR counsel for
nor any other person under RELEASORS control shall disclose any term of this Agreement except that RELEASOR may disclose such information to RELEASORS spouse or as required by subpoena or law or to an attorney or accountant to extent necessary to obtain professional advice
17 expressly understands that this General Release constitutes a public record as defined at CRS sect24-72-202 (a) (1) and as such is open for inspection by any person in accord with the laws of the State of Colorado
18 - ADM also agrees that it will follow practice in responding to job inqUIrIes or employment information about RELEASOR To that end only Andrea McGee or her designee will responsible for responding to such inquiries and will only report dates of RELEASORS employment and position(s) held No other related party can be held responsible for responding to such information or provide a basis for liability for breaching EPC-ADM obligations under this Agreement
19 That RELEASOR for sole consideration of Ninety-five Thousand Four Hundred Fifty-Five dollars and Seventy-Eight cents ($9545578) which is Six (6) months of current salary and the employers contribution to premiums on RELEASEES health insurance for six (6) months which is ten thousand eight-hundred ninety-eight dollars and sixty-four cents ($1089864) hereby and forever discharges its current employees and former employees and agents from any and all liability for any and all injuries claims demands costs liabilities and expenses which may have or hereafter may have which may have out of the events described in or related to all notices of claims complaints or interviews filed or given by The Parties agree that the monetary consideration in this Agreement constitutes settlement proceeds and are not regular
Page 5 OCA Released Pursuant to CORA - 000005
OCA RELEASED PURSUANT TO CORA 32619
compensation paid to RELEASOR as contemplated by the EI Paso County Retirement Plan
20 Parties agree that consideration for this General Release is as set forth herein and includes the above consideration which shall be full and final payment for all claims released herein and all claims that might have been asserted in any state or federal judicial or administrative forum up to the date of execution of this General Release including any claims for attorney and costs It is further understood that payment of said sum is not to be construed in any way as an admission of liability on the part of the The herein expressly deny legal liability for any alleged economic and non-economic damages and affirmatively asserts that this Agreement is entered for the sole purpose of avoiding extraordinary costs of litigation which could greatly exceed the sums proffered by and accepted in this Agreement
Voluntariness Denial of Liability Entire Agreement
agree that from the Date forward and from making any negative defamatory or disparaging remarks
21
about each other ADM - ADM staff and employees or any Released Party and RELEASOR agrees to keep the substance negotiations andor conditions and the terms or SUbstance of this Agreement strictly confidential and will not discuss this Spouses and others identified herein shall bound by these confidentiality commitments If compelled by law pursuant to a subpoena or court order the Party shall give the other Party notice prior to such disclosure
22 RELEASOR has carefully read the above and foregoing General Release and knows contents thereof and has signed the same as her own free voluntary
having the opportunity to have the same explained by counsel expressly states that she been advised of her right to consult
additional professionals of her choice including physicians lawyers and accountants regarding any and all known and unknown and unforeseen damages losses injuries costs of services expenses liabilities claims and the consequences thereof of whatsoever kind and nature that may have incurred or will incur whether suspected or unsuspected further expressly understands and agrees that the signing of this General Release shall be forever binding and no rescission modification or of from the terms of this General Release will made for any mistake
23 It is expressly understood and agreed that the acceptance of the above-mentioned consideration is in full accord and satisfaction of an employment separation and that payment of said sum is not to be construed in any way as an admission of liability on the part of but on contrary RELEASEES specifically deny any wrongdoing misconduct or liability on account of Claim or any matters related or incidental hereto or otherwise
Page 6
act and after
OCA Released Pursuant to CORA - 000006
OCA RELEASED PURSUANT TO CORA 32619
RELEASOR understands and agrees that all agreements and understandings between the Parties are embodied and expressed herein and that the terms of this General Release are contractual and not mere recitals
This General shall be construed and interpreted in accordance with the laws the State of Colorado and Federal Law
26 RELEASOR to cooperate fully and execute any and all supplementary documents and to all additional actions which may be necessary or appropriate to give full force and effect to the basic and intent of this General Release
27 RELEASOR certifies that she fully read and understands the foregoing General Release and hereby affixes her signature as her own and voluntary act IN WITNESS and intending to be legally bound the parties have executed this General Release to be effective seven (7) days its execution by RELEASOR
Page 7 OCA Released Pursuant to CORA - 000007
OCA RELEASED PURSUANT TO CORA 32619
COLORADO
) ss COUNTY pound2 fOt~O )
SWORN TO AND SUBSCRIBED by NICOLA SAPP RELEASOR this 18th
day of March 2019
N
WITNESS my hand and official seal
My commission expires __1__~_l_~_1______
[SEAL]
8 OCA Released Pursuant to CORA - 000008
OCA RELEASED PURSUANT TO CORA 32619
Approved as to form EL PASO COUNTY
Date --~~~~-------
Office of the EI County Attorney of EI County Colorado
Diana K May First Assistant C On behalf of
Page 9
OCA Released Pursuant to CORA - 000009
OCA RELEASED PURSUANT TO CORA 32619
COMMISSIONERS
MARK WALLER (CHAIR)
LONGINOS GONZALEZ JR (VICE-CHAIR)
HOLLY WILLIAMS
STAN VANDERWERF
CAMI BREMER
200 S CASCADE AVENUE SUITE 100 COLORADO SPRINGS CO 80903 OFFICE (719) 520-7276 FAX (719) 520-6397 WWWELPASOCOCOM
Nicola Sapp Job Title - Deputy County Administrator Annual Salary - $19091156 Payouts at time of Separation of Employment Sick 10196 hours - $935830 Vacation 34382 hours - $3155717 Personal 36 hours - $335830
EL PASO BOARD OF COUNTY COMMISSIONERS
OCA Released Pursuant to CORA - 000010
OCA RELEASED PURSUANT TO CORA 32619
8 to pay ONE HUNDRED SIX THOUSAND HUNDRED FIFTY-FOUR DOLLARS AND 42100 ($10635442) in settlement of any and as the payment for all claims that might have been brought in any lawsuit or in any or federal judicial or administrative forum up to the date of the execution of this Waiver and including any claims for attomeys and costs shall apply appropriate withholdings against payments goes to work for Paso County Colorado (County) as a full- or part-time within one (1) year of receipt of this lump sum the required to reimburse any sum paid out under this Waiver Release to which the would not otherwise entitled In this reimbursement will calculated on a monthly proshyrata basis This reemployment provision reemployment in any Paso County department or to employment with any or appointed including the Sheriff
Assessor Clerk and Recorder Coroner District Attorney or Public Trustee
Further will not contest any application makes for unemployment compensation but will answer truthfully any questions asked by any agency concerning RELEASOR and makes no guarantee concerning
eligibility for unemployment compensation
9 irrevocably and unconditionally to release and release and discharge from any all claims occurring up to the date of the execution by of this Release for any and all damages injuries attorneys andor costs pursuant to any federal or statute constitution common law or or otherwise known and unknown foreseen and unforeseen including but not limited to any claims for economic damages nonshyeconomic damages punitive damages andor those which may now or hereafter out of or result in any way from the Claim described in recitals andor Claim andor which have or could have made as well as any and all relating thereto and any and all consequences thereof RELEASOR understands is hereby informed that release of claims specifically includes but not by way of limitation claims
bull The Equal Pay Act bull National Labor Act
bull The Standards bull Title VII of the Civil Rights Act of 1 as amended
2 OCA Released Pursuant to CORA - 000002
OCA RELEASED PURSUANT TO CORA 32619
bull The Post-Civil War Reconstruction Acts (42 USC sectsect 1981 988)
The Retirement Income Security Act
bull The Employee Retirement Income Secu rity Act
bull The Civil Rights Act of 1991
bull The Family and Medical Act (FMLA)
bull The Colorado Anti-Discrimination Act as amended (CADA)
bull The Age Discrimination in Employment Act
The Americans with Disabilities Act as amended
(lit The Rehabilitation Act of 1973
(lit Employee Retirement Income Security Act (ERISA)
bull Any other federal statute
bull Any state civil rights act
bull Any state statute
bull Any state statutory wage claim
bull Any claim of retaliatory treatment
bull Any claim of wrongful discharge against public policy
bull Any claim in tort contract or for violation of the covenant of good faith and fair dealing
bull Any claim seeking declaratory injunctive or equitable relief
bull Any other claim any type whatsoever arising out of federal law the common law of any any state statute or local law
bull Any claims for any costs or attorneys incurred
10 understands and agrees that this Release prevents any further claims against of any kind arising from any and all of the incidents alleged in the Claim This includes any other class action arising out of these events to date or in future
11 represents and warrants that other than that which is set forth in the Recitals to this Release RELEASOR has not filed or caused to filed or any claim or charge in or with court or agency based on or related
the Claims and agrees that she will not file any claim with any court based on or related to the Claims against If an administrative charge with any or federal administrative agency (Charge) RELEASOR agrees that she will not entitled to any relief or remedies pursuant to any of her allegations in the Charge (the Allegations) after this General Release agreement becomes effective If her attorney or anyone acting on behalf files any civil action in any court asserting any claims based on the Allegations against any or files any charge or complaint with an administrative agency asserting any of the Allegations against any and seeking personal relief or remedies for RELEASOR this General Release may be used by the RELEASEES as a complete defense to any such claims and the personal relief or remedies and RELEASOR understands that will not be entitled to any personal relief or remedy
Page 3 OCA Released Pursuant to CORA - 000003
OCA RELEASED PURSUANT TO CORA 32619
12 RELEASOR hereby declares and that except as may be expressed in General Release no other person firm or corporation has received any assignment subrogation or lien including but not limited to medical lien attorney lien levy or right of substitution arising out of alleged injuries or damages incurred from the Claim andor to the claims or money constituting consideration in this General
In the event RELEASEES are subjected to claims by any person firm corporation or entity under any actual or purported assignment subrogation or lien including but not limited to medical lien medical billing or obligation attorney lien levy tax levy or right of substitution arising out of alleged injuries or damages incurred from the Claims or money constituting consideration in this General Release will hold harmless from any such claims or demands and indemnify RELEASEES for any judgment obtained or reasonable payments made by RELEASEES for settlement or resolution of such claims and for attorney incurred by by reason of such claims
13 RELEASOR understands and agrees that she is solely responsible for all tax obligations including all reporting and payment obligations she may have that may arise as a consequence of this General Release and the monetary consideration provided to them pursuant to it RELEASOR agrees that have provided no representation or advice as to how this consideration is to be characterized or allocated or as to the tax treatment or tax reporting or payment obligations for the monetary consideration set out herein
1 further warrants that she fully realizes that may have sustained unknown and unforeseen losses costs expenses damages liabilities claims bodily personal or psychological injuries damage to property or business losses and consequences thereof which may be at this time heretofore and hereafter unknown unrecognized and not contemplated by which resulted or mayor will result from the above-mentioned Claim and all matters incident or related thereto and that no promise or inducement has been offered except as herein
forth and that all agreements and understandings between the Parties are expressed herein that this General Release was executed without reliance upon any statement or representation by RELEASEES and that RELEASOR is legally competent to execute this Release RELEASOR accepts full responsibility and assumes the risk of any mistake of fact or law as to any damages losses or injuries whether disclosed or undisclosed including any mistake in medical diagnosis or prognosis for any injuries known or unknown sustained as a result of above-mentioned Claim and all matters incident and related thereto applicable to Claims and any potential claims RELEASOR has or may have against
1 RELEASEES hereby advise RELEASOR
a that she should consult with an attorney prior to executing this General Release
Page 4 OCA Released Pursuant to CORA - 000004
OCA RELEASED PURSUANT TO CORA 32619
b that she has Twenty-One (21) days within which to consider this General Release and
c that for a period of seven (7) days following execution of this Release may revoke this General Release and that it shall not become effective or enforceable until expiration of said seven (7) day period
RELEASOR acknowledges and agrees that she will receive the consideration described in paragraph 19 below only upon expiration of the seven (7) day time period described above and that this consideration represents a consideration to which RELEASOR is not presently otherwise entitled
16 RELEASOR represents and warrants that prior to the date RELEASOR signs this Agreement did not disclose to any person other than to
spouse tax advisor andor counsel the terms of this Agreement After signs this Agreement neither RELEASOR counsel for
nor any other person under RELEASORS control shall disclose any term of this Agreement except that RELEASOR may disclose such information to RELEASORS spouse or as required by subpoena or law or to an attorney or accountant to extent necessary to obtain professional advice
17 expressly understands that this General Release constitutes a public record as defined at CRS sect24-72-202 (a) (1) and as such is open for inspection by any person in accord with the laws of the State of Colorado
18 - ADM also agrees that it will follow practice in responding to job inqUIrIes or employment information about RELEASOR To that end only Andrea McGee or her designee will responsible for responding to such inquiries and will only report dates of RELEASORS employment and position(s) held No other related party can be held responsible for responding to such information or provide a basis for liability for breaching EPC-ADM obligations under this Agreement
19 That RELEASOR for sole consideration of Ninety-five Thousand Four Hundred Fifty-Five dollars and Seventy-Eight cents ($9545578) which is Six (6) months of current salary and the employers contribution to premiums on RELEASEES health insurance for six (6) months which is ten thousand eight-hundred ninety-eight dollars and sixty-four cents ($1089864) hereby and forever discharges its current employees and former employees and agents from any and all liability for any and all injuries claims demands costs liabilities and expenses which may have or hereafter may have which may have out of the events described in or related to all notices of claims complaints or interviews filed or given by The Parties agree that the monetary consideration in this Agreement constitutes settlement proceeds and are not regular
Page 5 OCA Released Pursuant to CORA - 000005
OCA RELEASED PURSUANT TO CORA 32619
compensation paid to RELEASOR as contemplated by the EI Paso County Retirement Plan
20 Parties agree that consideration for this General Release is as set forth herein and includes the above consideration which shall be full and final payment for all claims released herein and all claims that might have been asserted in any state or federal judicial or administrative forum up to the date of execution of this General Release including any claims for attorney and costs It is further understood that payment of said sum is not to be construed in any way as an admission of liability on the part of the The herein expressly deny legal liability for any alleged economic and non-economic damages and affirmatively asserts that this Agreement is entered for the sole purpose of avoiding extraordinary costs of litigation which could greatly exceed the sums proffered by and accepted in this Agreement
Voluntariness Denial of Liability Entire Agreement
agree that from the Date forward and from making any negative defamatory or disparaging remarks
21
about each other ADM - ADM staff and employees or any Released Party and RELEASOR agrees to keep the substance negotiations andor conditions and the terms or SUbstance of this Agreement strictly confidential and will not discuss this Spouses and others identified herein shall bound by these confidentiality commitments If compelled by law pursuant to a subpoena or court order the Party shall give the other Party notice prior to such disclosure
22 RELEASOR has carefully read the above and foregoing General Release and knows contents thereof and has signed the same as her own free voluntary
having the opportunity to have the same explained by counsel expressly states that she been advised of her right to consult
additional professionals of her choice including physicians lawyers and accountants regarding any and all known and unknown and unforeseen damages losses injuries costs of services expenses liabilities claims and the consequences thereof of whatsoever kind and nature that may have incurred or will incur whether suspected or unsuspected further expressly understands and agrees that the signing of this General Release shall be forever binding and no rescission modification or of from the terms of this General Release will made for any mistake
23 It is expressly understood and agreed that the acceptance of the above-mentioned consideration is in full accord and satisfaction of an employment separation and that payment of said sum is not to be construed in any way as an admission of liability on the part of but on contrary RELEASEES specifically deny any wrongdoing misconduct or liability on account of Claim or any matters related or incidental hereto or otherwise
Page 6
act and after
OCA Released Pursuant to CORA - 000006
OCA RELEASED PURSUANT TO CORA 32619
RELEASOR understands and agrees that all agreements and understandings between the Parties are embodied and expressed herein and that the terms of this General Release are contractual and not mere recitals
This General shall be construed and interpreted in accordance with the laws the State of Colorado and Federal Law
26 RELEASOR to cooperate fully and execute any and all supplementary documents and to all additional actions which may be necessary or appropriate to give full force and effect to the basic and intent of this General Release
27 RELEASOR certifies that she fully read and understands the foregoing General Release and hereby affixes her signature as her own and voluntary act IN WITNESS and intending to be legally bound the parties have executed this General Release to be effective seven (7) days its execution by RELEASOR
Page 7 OCA Released Pursuant to CORA - 000007
OCA RELEASED PURSUANT TO CORA 32619
COLORADO
) ss COUNTY pound2 fOt~O )
SWORN TO AND SUBSCRIBED by NICOLA SAPP RELEASOR this 18th
day of March 2019
N
WITNESS my hand and official seal
My commission expires __1__~_l_~_1______
[SEAL]
8 OCA Released Pursuant to CORA - 000008
OCA RELEASED PURSUANT TO CORA 32619
Approved as to form EL PASO COUNTY
Date --~~~~-------
Office of the EI County Attorney of EI County Colorado
Diana K May First Assistant C On behalf of
Page 9
OCA Released Pursuant to CORA - 000009
OCA RELEASED PURSUANT TO CORA 32619
COMMISSIONERS
MARK WALLER (CHAIR)
LONGINOS GONZALEZ JR (VICE-CHAIR)
HOLLY WILLIAMS
STAN VANDERWERF
CAMI BREMER
200 S CASCADE AVENUE SUITE 100 COLORADO SPRINGS CO 80903 OFFICE (719) 520-7276 FAX (719) 520-6397 WWWELPASOCOCOM
Nicola Sapp Job Title - Deputy County Administrator Annual Salary - $19091156 Payouts at time of Separation of Employment Sick 10196 hours - $935830 Vacation 34382 hours - $3155717 Personal 36 hours - $335830
EL PASO BOARD OF COUNTY COMMISSIONERS
OCA Released Pursuant to CORA - 000010
OCA RELEASED PURSUANT TO CORA 32619
bull The Post-Civil War Reconstruction Acts (42 USC sectsect 1981 988)
The Retirement Income Security Act
bull The Employee Retirement Income Secu rity Act
bull The Civil Rights Act of 1991
bull The Family and Medical Act (FMLA)
bull The Colorado Anti-Discrimination Act as amended (CADA)
bull The Age Discrimination in Employment Act
The Americans with Disabilities Act as amended
(lit The Rehabilitation Act of 1973
(lit Employee Retirement Income Security Act (ERISA)
bull Any other federal statute
bull Any state civil rights act
bull Any state statute
bull Any state statutory wage claim
bull Any claim of retaliatory treatment
bull Any claim of wrongful discharge against public policy
bull Any claim in tort contract or for violation of the covenant of good faith and fair dealing
bull Any claim seeking declaratory injunctive or equitable relief
bull Any other claim any type whatsoever arising out of federal law the common law of any any state statute or local law
bull Any claims for any costs or attorneys incurred
10 understands and agrees that this Release prevents any further claims against of any kind arising from any and all of the incidents alleged in the Claim This includes any other class action arising out of these events to date or in future
11 represents and warrants that other than that which is set forth in the Recitals to this Release RELEASOR has not filed or caused to filed or any claim or charge in or with court or agency based on or related
the Claims and agrees that she will not file any claim with any court based on or related to the Claims against If an administrative charge with any or federal administrative agency (Charge) RELEASOR agrees that she will not entitled to any relief or remedies pursuant to any of her allegations in the Charge (the Allegations) after this General Release agreement becomes effective If her attorney or anyone acting on behalf files any civil action in any court asserting any claims based on the Allegations against any or files any charge or complaint with an administrative agency asserting any of the Allegations against any and seeking personal relief or remedies for RELEASOR this General Release may be used by the RELEASEES as a complete defense to any such claims and the personal relief or remedies and RELEASOR understands that will not be entitled to any personal relief or remedy
Page 3 OCA Released Pursuant to CORA - 000003
OCA RELEASED PURSUANT TO CORA 32619
12 RELEASOR hereby declares and that except as may be expressed in General Release no other person firm or corporation has received any assignment subrogation or lien including but not limited to medical lien attorney lien levy or right of substitution arising out of alleged injuries or damages incurred from the Claim andor to the claims or money constituting consideration in this General
In the event RELEASEES are subjected to claims by any person firm corporation or entity under any actual or purported assignment subrogation or lien including but not limited to medical lien medical billing or obligation attorney lien levy tax levy or right of substitution arising out of alleged injuries or damages incurred from the Claims or money constituting consideration in this General Release will hold harmless from any such claims or demands and indemnify RELEASEES for any judgment obtained or reasonable payments made by RELEASEES for settlement or resolution of such claims and for attorney incurred by by reason of such claims
13 RELEASOR understands and agrees that she is solely responsible for all tax obligations including all reporting and payment obligations she may have that may arise as a consequence of this General Release and the monetary consideration provided to them pursuant to it RELEASOR agrees that have provided no representation or advice as to how this consideration is to be characterized or allocated or as to the tax treatment or tax reporting or payment obligations for the monetary consideration set out herein
1 further warrants that she fully realizes that may have sustained unknown and unforeseen losses costs expenses damages liabilities claims bodily personal or psychological injuries damage to property or business losses and consequences thereof which may be at this time heretofore and hereafter unknown unrecognized and not contemplated by which resulted or mayor will result from the above-mentioned Claim and all matters incident or related thereto and that no promise or inducement has been offered except as herein
forth and that all agreements and understandings between the Parties are expressed herein that this General Release was executed without reliance upon any statement or representation by RELEASEES and that RELEASOR is legally competent to execute this Release RELEASOR accepts full responsibility and assumes the risk of any mistake of fact or law as to any damages losses or injuries whether disclosed or undisclosed including any mistake in medical diagnosis or prognosis for any injuries known or unknown sustained as a result of above-mentioned Claim and all matters incident and related thereto applicable to Claims and any potential claims RELEASOR has or may have against
1 RELEASEES hereby advise RELEASOR
a that she should consult with an attorney prior to executing this General Release
Page 4 OCA Released Pursuant to CORA - 000004
OCA RELEASED PURSUANT TO CORA 32619
b that she has Twenty-One (21) days within which to consider this General Release and
c that for a period of seven (7) days following execution of this Release may revoke this General Release and that it shall not become effective or enforceable until expiration of said seven (7) day period
RELEASOR acknowledges and agrees that she will receive the consideration described in paragraph 19 below only upon expiration of the seven (7) day time period described above and that this consideration represents a consideration to which RELEASOR is not presently otherwise entitled
16 RELEASOR represents and warrants that prior to the date RELEASOR signs this Agreement did not disclose to any person other than to
spouse tax advisor andor counsel the terms of this Agreement After signs this Agreement neither RELEASOR counsel for
nor any other person under RELEASORS control shall disclose any term of this Agreement except that RELEASOR may disclose such information to RELEASORS spouse or as required by subpoena or law or to an attorney or accountant to extent necessary to obtain professional advice
17 expressly understands that this General Release constitutes a public record as defined at CRS sect24-72-202 (a) (1) and as such is open for inspection by any person in accord with the laws of the State of Colorado
18 - ADM also agrees that it will follow practice in responding to job inqUIrIes or employment information about RELEASOR To that end only Andrea McGee or her designee will responsible for responding to such inquiries and will only report dates of RELEASORS employment and position(s) held No other related party can be held responsible for responding to such information or provide a basis for liability for breaching EPC-ADM obligations under this Agreement
19 That RELEASOR for sole consideration of Ninety-five Thousand Four Hundred Fifty-Five dollars and Seventy-Eight cents ($9545578) which is Six (6) months of current salary and the employers contribution to premiums on RELEASEES health insurance for six (6) months which is ten thousand eight-hundred ninety-eight dollars and sixty-four cents ($1089864) hereby and forever discharges its current employees and former employees and agents from any and all liability for any and all injuries claims demands costs liabilities and expenses which may have or hereafter may have which may have out of the events described in or related to all notices of claims complaints or interviews filed or given by The Parties agree that the monetary consideration in this Agreement constitutes settlement proceeds and are not regular
Page 5 OCA Released Pursuant to CORA - 000005
OCA RELEASED PURSUANT TO CORA 32619
compensation paid to RELEASOR as contemplated by the EI Paso County Retirement Plan
20 Parties agree that consideration for this General Release is as set forth herein and includes the above consideration which shall be full and final payment for all claims released herein and all claims that might have been asserted in any state or federal judicial or administrative forum up to the date of execution of this General Release including any claims for attorney and costs It is further understood that payment of said sum is not to be construed in any way as an admission of liability on the part of the The herein expressly deny legal liability for any alleged economic and non-economic damages and affirmatively asserts that this Agreement is entered for the sole purpose of avoiding extraordinary costs of litigation which could greatly exceed the sums proffered by and accepted in this Agreement
Voluntariness Denial of Liability Entire Agreement
agree that from the Date forward and from making any negative defamatory or disparaging remarks
21
about each other ADM - ADM staff and employees or any Released Party and RELEASOR agrees to keep the substance negotiations andor conditions and the terms or SUbstance of this Agreement strictly confidential and will not discuss this Spouses and others identified herein shall bound by these confidentiality commitments If compelled by law pursuant to a subpoena or court order the Party shall give the other Party notice prior to such disclosure
22 RELEASOR has carefully read the above and foregoing General Release and knows contents thereof and has signed the same as her own free voluntary
having the opportunity to have the same explained by counsel expressly states that she been advised of her right to consult
additional professionals of her choice including physicians lawyers and accountants regarding any and all known and unknown and unforeseen damages losses injuries costs of services expenses liabilities claims and the consequences thereof of whatsoever kind and nature that may have incurred or will incur whether suspected or unsuspected further expressly understands and agrees that the signing of this General Release shall be forever binding and no rescission modification or of from the terms of this General Release will made for any mistake
23 It is expressly understood and agreed that the acceptance of the above-mentioned consideration is in full accord and satisfaction of an employment separation and that payment of said sum is not to be construed in any way as an admission of liability on the part of but on contrary RELEASEES specifically deny any wrongdoing misconduct or liability on account of Claim or any matters related or incidental hereto or otherwise
Page 6
act and after
OCA Released Pursuant to CORA - 000006
OCA RELEASED PURSUANT TO CORA 32619
RELEASOR understands and agrees that all agreements and understandings between the Parties are embodied and expressed herein and that the terms of this General Release are contractual and not mere recitals
This General shall be construed and interpreted in accordance with the laws the State of Colorado and Federal Law
26 RELEASOR to cooperate fully and execute any and all supplementary documents and to all additional actions which may be necessary or appropriate to give full force and effect to the basic and intent of this General Release
27 RELEASOR certifies that she fully read and understands the foregoing General Release and hereby affixes her signature as her own and voluntary act IN WITNESS and intending to be legally bound the parties have executed this General Release to be effective seven (7) days its execution by RELEASOR
Page 7 OCA Released Pursuant to CORA - 000007
OCA RELEASED PURSUANT TO CORA 32619
COLORADO
) ss COUNTY pound2 fOt~O )
SWORN TO AND SUBSCRIBED by NICOLA SAPP RELEASOR this 18th
day of March 2019
N
WITNESS my hand and official seal
My commission expires __1__~_l_~_1______
[SEAL]
8 OCA Released Pursuant to CORA - 000008
OCA RELEASED PURSUANT TO CORA 32619
Approved as to form EL PASO COUNTY
Date --~~~~-------
Office of the EI County Attorney of EI County Colorado
Diana K May First Assistant C On behalf of
Page 9
OCA Released Pursuant to CORA - 000009
OCA RELEASED PURSUANT TO CORA 32619
COMMISSIONERS
MARK WALLER (CHAIR)
LONGINOS GONZALEZ JR (VICE-CHAIR)
HOLLY WILLIAMS
STAN VANDERWERF
CAMI BREMER
200 S CASCADE AVENUE SUITE 100 COLORADO SPRINGS CO 80903 OFFICE (719) 520-7276 FAX (719) 520-6397 WWWELPASOCOCOM
Nicola Sapp Job Title - Deputy County Administrator Annual Salary - $19091156 Payouts at time of Separation of Employment Sick 10196 hours - $935830 Vacation 34382 hours - $3155717 Personal 36 hours - $335830
EL PASO BOARD OF COUNTY COMMISSIONERS
OCA Released Pursuant to CORA - 000010
OCA RELEASED PURSUANT TO CORA 32619
12 RELEASOR hereby declares and that except as may be expressed in General Release no other person firm or corporation has received any assignment subrogation or lien including but not limited to medical lien attorney lien levy or right of substitution arising out of alleged injuries or damages incurred from the Claim andor to the claims or money constituting consideration in this General
In the event RELEASEES are subjected to claims by any person firm corporation or entity under any actual or purported assignment subrogation or lien including but not limited to medical lien medical billing or obligation attorney lien levy tax levy or right of substitution arising out of alleged injuries or damages incurred from the Claims or money constituting consideration in this General Release will hold harmless from any such claims or demands and indemnify RELEASEES for any judgment obtained or reasonable payments made by RELEASEES for settlement or resolution of such claims and for attorney incurred by by reason of such claims
13 RELEASOR understands and agrees that she is solely responsible for all tax obligations including all reporting and payment obligations she may have that may arise as a consequence of this General Release and the monetary consideration provided to them pursuant to it RELEASOR agrees that have provided no representation or advice as to how this consideration is to be characterized or allocated or as to the tax treatment or tax reporting or payment obligations for the monetary consideration set out herein
1 further warrants that she fully realizes that may have sustained unknown and unforeseen losses costs expenses damages liabilities claims bodily personal or psychological injuries damage to property or business losses and consequences thereof which may be at this time heretofore and hereafter unknown unrecognized and not contemplated by which resulted or mayor will result from the above-mentioned Claim and all matters incident or related thereto and that no promise or inducement has been offered except as herein
forth and that all agreements and understandings between the Parties are expressed herein that this General Release was executed without reliance upon any statement or representation by RELEASEES and that RELEASOR is legally competent to execute this Release RELEASOR accepts full responsibility and assumes the risk of any mistake of fact or law as to any damages losses or injuries whether disclosed or undisclosed including any mistake in medical diagnosis or prognosis for any injuries known or unknown sustained as a result of above-mentioned Claim and all matters incident and related thereto applicable to Claims and any potential claims RELEASOR has or may have against
1 RELEASEES hereby advise RELEASOR
a that she should consult with an attorney prior to executing this General Release
Page 4 OCA Released Pursuant to CORA - 000004
OCA RELEASED PURSUANT TO CORA 32619
b that she has Twenty-One (21) days within which to consider this General Release and
c that for a period of seven (7) days following execution of this Release may revoke this General Release and that it shall not become effective or enforceable until expiration of said seven (7) day period
RELEASOR acknowledges and agrees that she will receive the consideration described in paragraph 19 below only upon expiration of the seven (7) day time period described above and that this consideration represents a consideration to which RELEASOR is not presently otherwise entitled
16 RELEASOR represents and warrants that prior to the date RELEASOR signs this Agreement did not disclose to any person other than to
spouse tax advisor andor counsel the terms of this Agreement After signs this Agreement neither RELEASOR counsel for
nor any other person under RELEASORS control shall disclose any term of this Agreement except that RELEASOR may disclose such information to RELEASORS spouse or as required by subpoena or law or to an attorney or accountant to extent necessary to obtain professional advice
17 expressly understands that this General Release constitutes a public record as defined at CRS sect24-72-202 (a) (1) and as such is open for inspection by any person in accord with the laws of the State of Colorado
18 - ADM also agrees that it will follow practice in responding to job inqUIrIes or employment information about RELEASOR To that end only Andrea McGee or her designee will responsible for responding to such inquiries and will only report dates of RELEASORS employment and position(s) held No other related party can be held responsible for responding to such information or provide a basis for liability for breaching EPC-ADM obligations under this Agreement
19 That RELEASOR for sole consideration of Ninety-five Thousand Four Hundred Fifty-Five dollars and Seventy-Eight cents ($9545578) which is Six (6) months of current salary and the employers contribution to premiums on RELEASEES health insurance for six (6) months which is ten thousand eight-hundred ninety-eight dollars and sixty-four cents ($1089864) hereby and forever discharges its current employees and former employees and agents from any and all liability for any and all injuries claims demands costs liabilities and expenses which may have or hereafter may have which may have out of the events described in or related to all notices of claims complaints or interviews filed or given by The Parties agree that the monetary consideration in this Agreement constitutes settlement proceeds and are not regular
Page 5 OCA Released Pursuant to CORA - 000005
OCA RELEASED PURSUANT TO CORA 32619
compensation paid to RELEASOR as contemplated by the EI Paso County Retirement Plan
20 Parties agree that consideration for this General Release is as set forth herein and includes the above consideration which shall be full and final payment for all claims released herein and all claims that might have been asserted in any state or federal judicial or administrative forum up to the date of execution of this General Release including any claims for attorney and costs It is further understood that payment of said sum is not to be construed in any way as an admission of liability on the part of the The herein expressly deny legal liability for any alleged economic and non-economic damages and affirmatively asserts that this Agreement is entered for the sole purpose of avoiding extraordinary costs of litigation which could greatly exceed the sums proffered by and accepted in this Agreement
Voluntariness Denial of Liability Entire Agreement
agree that from the Date forward and from making any negative defamatory or disparaging remarks
21
about each other ADM - ADM staff and employees or any Released Party and RELEASOR agrees to keep the substance negotiations andor conditions and the terms or SUbstance of this Agreement strictly confidential and will not discuss this Spouses and others identified herein shall bound by these confidentiality commitments If compelled by law pursuant to a subpoena or court order the Party shall give the other Party notice prior to such disclosure
22 RELEASOR has carefully read the above and foregoing General Release and knows contents thereof and has signed the same as her own free voluntary
having the opportunity to have the same explained by counsel expressly states that she been advised of her right to consult
additional professionals of her choice including physicians lawyers and accountants regarding any and all known and unknown and unforeseen damages losses injuries costs of services expenses liabilities claims and the consequences thereof of whatsoever kind and nature that may have incurred or will incur whether suspected or unsuspected further expressly understands and agrees that the signing of this General Release shall be forever binding and no rescission modification or of from the terms of this General Release will made for any mistake
23 It is expressly understood and agreed that the acceptance of the above-mentioned consideration is in full accord and satisfaction of an employment separation and that payment of said sum is not to be construed in any way as an admission of liability on the part of but on contrary RELEASEES specifically deny any wrongdoing misconduct or liability on account of Claim or any matters related or incidental hereto or otherwise
Page 6
act and after
OCA Released Pursuant to CORA - 000006
OCA RELEASED PURSUANT TO CORA 32619
RELEASOR understands and agrees that all agreements and understandings between the Parties are embodied and expressed herein and that the terms of this General Release are contractual and not mere recitals
This General shall be construed and interpreted in accordance with the laws the State of Colorado and Federal Law
26 RELEASOR to cooperate fully and execute any and all supplementary documents and to all additional actions which may be necessary or appropriate to give full force and effect to the basic and intent of this General Release
27 RELEASOR certifies that she fully read and understands the foregoing General Release and hereby affixes her signature as her own and voluntary act IN WITNESS and intending to be legally bound the parties have executed this General Release to be effective seven (7) days its execution by RELEASOR
Page 7 OCA Released Pursuant to CORA - 000007
OCA RELEASED PURSUANT TO CORA 32619
COLORADO
) ss COUNTY pound2 fOt~O )
SWORN TO AND SUBSCRIBED by NICOLA SAPP RELEASOR this 18th
day of March 2019
N
WITNESS my hand and official seal
My commission expires __1__~_l_~_1______
[SEAL]
8 OCA Released Pursuant to CORA - 000008
OCA RELEASED PURSUANT TO CORA 32619
Approved as to form EL PASO COUNTY
Date --~~~~-------
Office of the EI County Attorney of EI County Colorado
Diana K May First Assistant C On behalf of
Page 9
OCA Released Pursuant to CORA - 000009
OCA RELEASED PURSUANT TO CORA 32619
COMMISSIONERS
MARK WALLER (CHAIR)
LONGINOS GONZALEZ JR (VICE-CHAIR)
HOLLY WILLIAMS
STAN VANDERWERF
CAMI BREMER
200 S CASCADE AVENUE SUITE 100 COLORADO SPRINGS CO 80903 OFFICE (719) 520-7276 FAX (719) 520-6397 WWWELPASOCOCOM
Nicola Sapp Job Title - Deputy County Administrator Annual Salary - $19091156 Payouts at time of Separation of Employment Sick 10196 hours - $935830 Vacation 34382 hours - $3155717 Personal 36 hours - $335830
EL PASO BOARD OF COUNTY COMMISSIONERS
OCA Released Pursuant to CORA - 000010
OCA RELEASED PURSUANT TO CORA 32619
b that she has Twenty-One (21) days within which to consider this General Release and
c that for a period of seven (7) days following execution of this Release may revoke this General Release and that it shall not become effective or enforceable until expiration of said seven (7) day period
RELEASOR acknowledges and agrees that she will receive the consideration described in paragraph 19 below only upon expiration of the seven (7) day time period described above and that this consideration represents a consideration to which RELEASOR is not presently otherwise entitled
16 RELEASOR represents and warrants that prior to the date RELEASOR signs this Agreement did not disclose to any person other than to
spouse tax advisor andor counsel the terms of this Agreement After signs this Agreement neither RELEASOR counsel for
nor any other person under RELEASORS control shall disclose any term of this Agreement except that RELEASOR may disclose such information to RELEASORS spouse or as required by subpoena or law or to an attorney or accountant to extent necessary to obtain professional advice
17 expressly understands that this General Release constitutes a public record as defined at CRS sect24-72-202 (a) (1) and as such is open for inspection by any person in accord with the laws of the State of Colorado
18 - ADM also agrees that it will follow practice in responding to job inqUIrIes or employment information about RELEASOR To that end only Andrea McGee or her designee will responsible for responding to such inquiries and will only report dates of RELEASORS employment and position(s) held No other related party can be held responsible for responding to such information or provide a basis for liability for breaching EPC-ADM obligations under this Agreement
19 That RELEASOR for sole consideration of Ninety-five Thousand Four Hundred Fifty-Five dollars and Seventy-Eight cents ($9545578) which is Six (6) months of current salary and the employers contribution to premiums on RELEASEES health insurance for six (6) months which is ten thousand eight-hundred ninety-eight dollars and sixty-four cents ($1089864) hereby and forever discharges its current employees and former employees and agents from any and all liability for any and all injuries claims demands costs liabilities and expenses which may have or hereafter may have which may have out of the events described in or related to all notices of claims complaints or interviews filed or given by The Parties agree that the monetary consideration in this Agreement constitutes settlement proceeds and are not regular
Page 5 OCA Released Pursuant to CORA - 000005
OCA RELEASED PURSUANT TO CORA 32619
compensation paid to RELEASOR as contemplated by the EI Paso County Retirement Plan
20 Parties agree that consideration for this General Release is as set forth herein and includes the above consideration which shall be full and final payment for all claims released herein and all claims that might have been asserted in any state or federal judicial or administrative forum up to the date of execution of this General Release including any claims for attorney and costs It is further understood that payment of said sum is not to be construed in any way as an admission of liability on the part of the The herein expressly deny legal liability for any alleged economic and non-economic damages and affirmatively asserts that this Agreement is entered for the sole purpose of avoiding extraordinary costs of litigation which could greatly exceed the sums proffered by and accepted in this Agreement
Voluntariness Denial of Liability Entire Agreement
agree that from the Date forward and from making any negative defamatory or disparaging remarks
21
about each other ADM - ADM staff and employees or any Released Party and RELEASOR agrees to keep the substance negotiations andor conditions and the terms or SUbstance of this Agreement strictly confidential and will not discuss this Spouses and others identified herein shall bound by these confidentiality commitments If compelled by law pursuant to a subpoena or court order the Party shall give the other Party notice prior to such disclosure
22 RELEASOR has carefully read the above and foregoing General Release and knows contents thereof and has signed the same as her own free voluntary
having the opportunity to have the same explained by counsel expressly states that she been advised of her right to consult
additional professionals of her choice including physicians lawyers and accountants regarding any and all known and unknown and unforeseen damages losses injuries costs of services expenses liabilities claims and the consequences thereof of whatsoever kind and nature that may have incurred or will incur whether suspected or unsuspected further expressly understands and agrees that the signing of this General Release shall be forever binding and no rescission modification or of from the terms of this General Release will made for any mistake
23 It is expressly understood and agreed that the acceptance of the above-mentioned consideration is in full accord and satisfaction of an employment separation and that payment of said sum is not to be construed in any way as an admission of liability on the part of but on contrary RELEASEES specifically deny any wrongdoing misconduct or liability on account of Claim or any matters related or incidental hereto or otherwise
Page 6
act and after
OCA Released Pursuant to CORA - 000006
OCA RELEASED PURSUANT TO CORA 32619
RELEASOR understands and agrees that all agreements and understandings between the Parties are embodied and expressed herein and that the terms of this General Release are contractual and not mere recitals
This General shall be construed and interpreted in accordance with the laws the State of Colorado and Federal Law
26 RELEASOR to cooperate fully and execute any and all supplementary documents and to all additional actions which may be necessary or appropriate to give full force and effect to the basic and intent of this General Release
27 RELEASOR certifies that she fully read and understands the foregoing General Release and hereby affixes her signature as her own and voluntary act IN WITNESS and intending to be legally bound the parties have executed this General Release to be effective seven (7) days its execution by RELEASOR
Page 7 OCA Released Pursuant to CORA - 000007
OCA RELEASED PURSUANT TO CORA 32619
COLORADO
) ss COUNTY pound2 fOt~O )
SWORN TO AND SUBSCRIBED by NICOLA SAPP RELEASOR this 18th
day of March 2019
N
WITNESS my hand and official seal
My commission expires __1__~_l_~_1______
[SEAL]
8 OCA Released Pursuant to CORA - 000008
OCA RELEASED PURSUANT TO CORA 32619
Approved as to form EL PASO COUNTY
Date --~~~~-------
Office of the EI County Attorney of EI County Colorado
Diana K May First Assistant C On behalf of
Page 9
OCA Released Pursuant to CORA - 000009
OCA RELEASED PURSUANT TO CORA 32619
COMMISSIONERS
MARK WALLER (CHAIR)
LONGINOS GONZALEZ JR (VICE-CHAIR)
HOLLY WILLIAMS
STAN VANDERWERF
CAMI BREMER
200 S CASCADE AVENUE SUITE 100 COLORADO SPRINGS CO 80903 OFFICE (719) 520-7276 FAX (719) 520-6397 WWWELPASOCOCOM
Nicola Sapp Job Title - Deputy County Administrator Annual Salary - $19091156 Payouts at time of Separation of Employment Sick 10196 hours - $935830 Vacation 34382 hours - $3155717 Personal 36 hours - $335830
EL PASO BOARD OF COUNTY COMMISSIONERS
OCA Released Pursuant to CORA - 000010
OCA RELEASED PURSUANT TO CORA 32619
compensation paid to RELEASOR as contemplated by the EI Paso County Retirement Plan
20 Parties agree that consideration for this General Release is as set forth herein and includes the above consideration which shall be full and final payment for all claims released herein and all claims that might have been asserted in any state or federal judicial or administrative forum up to the date of execution of this General Release including any claims for attorney and costs It is further understood that payment of said sum is not to be construed in any way as an admission of liability on the part of the The herein expressly deny legal liability for any alleged economic and non-economic damages and affirmatively asserts that this Agreement is entered for the sole purpose of avoiding extraordinary costs of litigation which could greatly exceed the sums proffered by and accepted in this Agreement
Voluntariness Denial of Liability Entire Agreement
agree that from the Date forward and from making any negative defamatory or disparaging remarks
21
about each other ADM - ADM staff and employees or any Released Party and RELEASOR agrees to keep the substance negotiations andor conditions and the terms or SUbstance of this Agreement strictly confidential and will not discuss this Spouses and others identified herein shall bound by these confidentiality commitments If compelled by law pursuant to a subpoena or court order the Party shall give the other Party notice prior to such disclosure
22 RELEASOR has carefully read the above and foregoing General Release and knows contents thereof and has signed the same as her own free voluntary
having the opportunity to have the same explained by counsel expressly states that she been advised of her right to consult
additional professionals of her choice including physicians lawyers and accountants regarding any and all known and unknown and unforeseen damages losses injuries costs of services expenses liabilities claims and the consequences thereof of whatsoever kind and nature that may have incurred or will incur whether suspected or unsuspected further expressly understands and agrees that the signing of this General Release shall be forever binding and no rescission modification or of from the terms of this General Release will made for any mistake
23 It is expressly understood and agreed that the acceptance of the above-mentioned consideration is in full accord and satisfaction of an employment separation and that payment of said sum is not to be construed in any way as an admission of liability on the part of but on contrary RELEASEES specifically deny any wrongdoing misconduct or liability on account of Claim or any matters related or incidental hereto or otherwise
Page 6
act and after
OCA Released Pursuant to CORA - 000006
OCA RELEASED PURSUANT TO CORA 32619
RELEASOR understands and agrees that all agreements and understandings between the Parties are embodied and expressed herein and that the terms of this General Release are contractual and not mere recitals
This General shall be construed and interpreted in accordance with the laws the State of Colorado and Federal Law
26 RELEASOR to cooperate fully and execute any and all supplementary documents and to all additional actions which may be necessary or appropriate to give full force and effect to the basic and intent of this General Release
27 RELEASOR certifies that she fully read and understands the foregoing General Release and hereby affixes her signature as her own and voluntary act IN WITNESS and intending to be legally bound the parties have executed this General Release to be effective seven (7) days its execution by RELEASOR
Page 7 OCA Released Pursuant to CORA - 000007
OCA RELEASED PURSUANT TO CORA 32619
COLORADO
) ss COUNTY pound2 fOt~O )
SWORN TO AND SUBSCRIBED by NICOLA SAPP RELEASOR this 18th
day of March 2019
N
WITNESS my hand and official seal
My commission expires __1__~_l_~_1______
[SEAL]
8 OCA Released Pursuant to CORA - 000008
OCA RELEASED PURSUANT TO CORA 32619
Approved as to form EL PASO COUNTY
Date --~~~~-------
Office of the EI County Attorney of EI County Colorado
Diana K May First Assistant C On behalf of
Page 9
OCA Released Pursuant to CORA - 000009
OCA RELEASED PURSUANT TO CORA 32619
COMMISSIONERS
MARK WALLER (CHAIR)
LONGINOS GONZALEZ JR (VICE-CHAIR)
HOLLY WILLIAMS
STAN VANDERWERF
CAMI BREMER
200 S CASCADE AVENUE SUITE 100 COLORADO SPRINGS CO 80903 OFFICE (719) 520-7276 FAX (719) 520-6397 WWWELPASOCOCOM
Nicola Sapp Job Title - Deputy County Administrator Annual Salary - $19091156 Payouts at time of Separation of Employment Sick 10196 hours - $935830 Vacation 34382 hours - $3155717 Personal 36 hours - $335830
EL PASO BOARD OF COUNTY COMMISSIONERS
OCA Released Pursuant to CORA - 000010
OCA RELEASED PURSUANT TO CORA 32619
RELEASOR understands and agrees that all agreements and understandings between the Parties are embodied and expressed herein and that the terms of this General Release are contractual and not mere recitals
This General shall be construed and interpreted in accordance with the laws the State of Colorado and Federal Law
26 RELEASOR to cooperate fully and execute any and all supplementary documents and to all additional actions which may be necessary or appropriate to give full force and effect to the basic and intent of this General Release
27 RELEASOR certifies that she fully read and understands the foregoing General Release and hereby affixes her signature as her own and voluntary act IN WITNESS and intending to be legally bound the parties have executed this General Release to be effective seven (7) days its execution by RELEASOR
Page 7 OCA Released Pursuant to CORA - 000007
OCA RELEASED PURSUANT TO CORA 32619
COLORADO
) ss COUNTY pound2 fOt~O )
SWORN TO AND SUBSCRIBED by NICOLA SAPP RELEASOR this 18th
day of March 2019
N
WITNESS my hand and official seal
My commission expires __1__~_l_~_1______
[SEAL]
8 OCA Released Pursuant to CORA - 000008
OCA RELEASED PURSUANT TO CORA 32619
Approved as to form EL PASO COUNTY
Date --~~~~-------
Office of the EI County Attorney of EI County Colorado
Diana K May First Assistant C On behalf of
Page 9
OCA Released Pursuant to CORA - 000009
OCA RELEASED PURSUANT TO CORA 32619
COMMISSIONERS
MARK WALLER (CHAIR)
LONGINOS GONZALEZ JR (VICE-CHAIR)
HOLLY WILLIAMS
STAN VANDERWERF
CAMI BREMER
200 S CASCADE AVENUE SUITE 100 COLORADO SPRINGS CO 80903 OFFICE (719) 520-7276 FAX (719) 520-6397 WWWELPASOCOCOM
Nicola Sapp Job Title - Deputy County Administrator Annual Salary - $19091156 Payouts at time of Separation of Employment Sick 10196 hours - $935830 Vacation 34382 hours - $3155717 Personal 36 hours - $335830
EL PASO BOARD OF COUNTY COMMISSIONERS
OCA Released Pursuant to CORA - 000010
OCA RELEASED PURSUANT TO CORA 32619
COLORADO
) ss COUNTY pound2 fOt~O )
SWORN TO AND SUBSCRIBED by NICOLA SAPP RELEASOR this 18th
day of March 2019
N
WITNESS my hand and official seal
My commission expires __1__~_l_~_1______
[SEAL]
8 OCA Released Pursuant to CORA - 000008
OCA RELEASED PURSUANT TO CORA 32619
Approved as to form EL PASO COUNTY
Date --~~~~-------
Office of the EI County Attorney of EI County Colorado
Diana K May First Assistant C On behalf of
Page 9
OCA Released Pursuant to CORA - 000009
OCA RELEASED PURSUANT TO CORA 32619
COMMISSIONERS
MARK WALLER (CHAIR)
LONGINOS GONZALEZ JR (VICE-CHAIR)
HOLLY WILLIAMS
STAN VANDERWERF
CAMI BREMER
200 S CASCADE AVENUE SUITE 100 COLORADO SPRINGS CO 80903 OFFICE (719) 520-7276 FAX (719) 520-6397 WWWELPASOCOCOM
Nicola Sapp Job Title - Deputy County Administrator Annual Salary - $19091156 Payouts at time of Separation of Employment Sick 10196 hours - $935830 Vacation 34382 hours - $3155717 Personal 36 hours - $335830
EL PASO BOARD OF COUNTY COMMISSIONERS
OCA Released Pursuant to CORA - 000010
OCA RELEASED PURSUANT TO CORA 32619
Approved as to form EL PASO COUNTY
Date --~~~~-------
Office of the EI County Attorney of EI County Colorado
Diana K May First Assistant C On behalf of
Page 9
OCA Released Pursuant to CORA - 000009
OCA RELEASED PURSUANT TO CORA 32619
COMMISSIONERS
MARK WALLER (CHAIR)
LONGINOS GONZALEZ JR (VICE-CHAIR)
HOLLY WILLIAMS
STAN VANDERWERF
CAMI BREMER
200 S CASCADE AVENUE SUITE 100 COLORADO SPRINGS CO 80903 OFFICE (719) 520-7276 FAX (719) 520-6397 WWWELPASOCOCOM
Nicola Sapp Job Title - Deputy County Administrator Annual Salary - $19091156 Payouts at time of Separation of Employment Sick 10196 hours - $935830 Vacation 34382 hours - $3155717 Personal 36 hours - $335830
EL PASO BOARD OF COUNTY COMMISSIONERS
OCA Released Pursuant to CORA - 000010
OCA RELEASED PURSUANT TO CORA 32619
COMMISSIONERS
MARK WALLER (CHAIR)
LONGINOS GONZALEZ JR (VICE-CHAIR)
HOLLY WILLIAMS
STAN VANDERWERF
CAMI BREMER
200 S CASCADE AVENUE SUITE 100 COLORADO SPRINGS CO 80903 OFFICE (719) 520-7276 FAX (719) 520-6397 WWWELPASOCOCOM
Nicola Sapp Job Title - Deputy County Administrator Annual Salary - $19091156 Payouts at time of Separation of Employment Sick 10196 hours - $935830 Vacation 34382 hours - $3155717 Personal 36 hours - $335830
EL PASO BOARD OF COUNTY COMMISSIONERS
OCA Released Pursuant to CORA - 000010
OCA RELEASED PURSUANT TO CORA 32619