ORTIZ RELEASE FOR BOS SIGNATURE.PDF

MUTUAL RELEASE AND SETTLEMENT AGREEMENT

This Mutual Release and Settlement Agreement (“Agreement”) is made and entered into
this 31st day of March, 2022, by and between Selene Ortiz, as guardian of Brian Ortiz, an
incompetent person, and Selene Ortiz, individually (hereinafter jointly the “Releasors”) and
Maricopa County (the “County”) and Maricopa County Sheriff Paul Penzone, on behalf of
Maricopa County Sheriff's Office, Officers Thomas Newman; Raquel Dean; Elian Griego; Bret
Kaiser; Brandon Rice; Carlos Samaniego; Douglas Weaver; Christopher Collett; Amir Dugalic; as
well as Registered Nurse Rosa Hernandez; Correctional Health Technician Maria de la Torre; and,
Doctor Jared Bevels (collectively the “MCSO”). The County and the MCSO are collectively
referred to as the Defendants. Releasors and the Defendants are collectively referred to as the
“Parties”.

RECITALS:

A. On August 10, 2020, the Releasors submitted Amended Notices of Claim against
the Defendants for claims related to an assault on Brian Ortiz, by another inmate in the Maricopa
County jail system, on May 26, 2020 (the “NOC”).

B. On September 8, 2020, the Releasors filed their initial Complaint in United States
District Court for the District of Arizona in Case No. 2:20-cv-01746, against the Defendants,
based on the allegations in the Notice of Claim (the “Complaint”). On January 7, 2021, the
Releasors filed their First Amended Complaint in United States District Court for the District of
Arizona in Case No. 2:20-cv-01746 against the Defendants (the “FAC”, and collectively with the
Complaint and the NOC, the “Litigation”).

Cc, To avoid additional litigation and further expense, the Releasors and the County
have mutually agreed to compromise and settle forever any claims which they may have against
each other and as against the MCSO arising out of the facts set forth in the Litigation by executing
this Mutual Release and Settlement Agreement.

NOW, THEREFORE, in consideration of the Recitals and of the covenants and
conditions contained herein, and in exchange for good and valuable consideration, receipt of which
is hereby acknowledged:

1. The Parties acknowledge and agree that the foregoing recitals are accurate and
incorporate such recitals as part of this Agreement as if fully set forth herein.

2. The County agrees to pay to the Releasors and their attorneys, Scottsdale Injury
Lawyers, LLC the sum of Eleven Million Seven Hundred Fifty Thousand Dollars and No Cents
($11,750,000.00) to settle all claims against the Defendants that were or could have been raised
as a result of the facts set forth in the Litigation (the “Settlement Payment”). The Settlement
Payment consists of compensation for alleged injuries, known or unknown, including physical
personal injuries, general tort damages, loss of consortium, and attorneys’ fees and costs. Neither
the Settlement Payment nor any statement in this Agreement should be construed as an admission
by the Defendants of liability or an acknowledgement of the legitimacy of any claims for damages.

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3. The settlement check shall be made out to Scottsdale Injury Lawyers, LLC on
behalf of the Releasors. The settlement funds will be provided in two checks:

a. A first check in the amount of Four Million Nine Hundred Forty-Eight
Thousand, One Hundred and Three Dollars and Fifty Cents ($4,948,103.50)
paid by the County; and

b. A second check in the amount of Six Million Eight Hundred and One
Thousand, Eight Hundred and Ninety-Six Dollars and Fifty Cents
($6,801,896.50) paid by and through the County’s insurer, Vantapro Specialty
Insurance Company.

Once approval of the settlement is secured, counsel for the Defendants will deliver the settlement
checks to counsel for the Releasors via mail at 8700 E. Pinnacle Peak Road, #204 Scottsdale,
Arizona 85255, in such a manner to require signature by the recipient.

4. Upon delivery of the Settlement Payment and a fully executed copy of this
Agreement, the Parties shall cause to be filed a Notice of Voluntary Dismissal with Prejudice of
the Litigation.

5. Upon execution of this Agreement, and payment as provided for in paragraph 2
above, the Releasors do hereby, for themselves, and their respective legal predecessors in interest,
legal successors and assigns, release and absolutely forever discharge the County, and all of the
entities and employees named in the Litigation, including the MCSO, and their respective
shareholders, officers, directors, employees, agents, trustees, fiduciaries, beneficiaries, attorneys,
legal successors, assigns, including its insurers, including but not limited to the following:
Vantapro Specialty Insurance Company, HDI Global Specialty SE, Hallmark Specialty Insurance
Company, Allied World National Assurance Company, Gemini Insurance Company and AXIS
Surplus Insurance Company, all of which are excess insurance carriers for the County, (the
“Released Parties”), of and from any and all claims, demands, damages, debts, liabilities,
accounts, obligations, costs, expenses, liens, actions and causes of action of every kind and nature
whatsoever, whether now known or unknown, suspected or unsuspected which the Releasors now
have, own or hold, or any time heretofore have ever had owned or held or could, shall or may
hereafter have, own or hold against the Released Parties based upon or arising in any way out of
the Litigation and the events giving rise to the Litigation (collectively, the “Released Claims”).

Releasors further acknowledge that they have duly considered Medicare’s interests in
accordance with applicable law and are responsible for identifying any existing Medicare liens or
conditional payments relating to any claimed injury that is the subject of this settlement, and if
applicable, cooperate with the County regarding any Medicare reporting that may be required of
it pursuant to 42. U.S.C. § 1395y(b)(7)&(8). Releasors and Releasors’ counsel warrant that (1)
Releasors are not Medicare beneficiaries as of the date of this Agreement and Release; (2)
Releasors will not become Medicare eligible within thirty months of the date of this settlement;
(3) any health care providers that provided any medical care in relation to the Released Claims
have been paid in full; and (4) Releasors will not require any future medical treatment related to

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the Released Claims for which Medicare will be billed for the expenses. Because the Releasors
are not Medicare recipients as of the date of this Release, no conditional payments have been made
by Medicare. As such, Medicare and/or CMS are not entitled to recover any funds from the
settlement proceeds under 42 U.S.C. §1395y(b)(2).

Releasors further acknowledge that certain other liens, judgments and/or financial
obligations may exist which arise out of benefits received by Releasors. Releasors expressly
agree that they are solely responsible for ensuring that those valid liens, judgments, and other
financial obligations are fully satisfied and will instruct their attorney to resolve them. Releasors
hereby agree to satisfy from these settlement proceeds all valid liens, judgments, rights of
subrogation, rights of reimbursement and/or other financial obligations which arose out of the
benefits received by Releasors, including (1) any medical, dental, or mental health treatment
obtained by the Releasors as a result of or arising from the Released Claims; (2) any hospital
liens pursuant to A.R.S. § 33-931, et seq. that have been filed or may be filed for past medical
expenses; (3) any claims for recovery for medical and health services and care that have been
asserted or may be asserted by the United States of America pursuant to the Medical Care Recovery
Act, 42 U.S.C. § 2651 or pursuant to any other federal statute, rule, or regulation; (4) any
subrogation lien; or (5) any bills, claims, and liens in any manner arising in favor of any health
care provider who has provided medical or health care of any kind to the Releasors; it being
specifically recognized that said liens and obligations are the sole responsibility of Releasors.
Releasors agree to defend, indemnify and hold the Released Parties harmless for any valid claim,
charge or action arising out of an alleged failure to satisfy any outstanding valid liens, judgments,
rights of subrogation, rights of reimbursement, including any Medicare, Medicaid lien or
obligation, and/or any other financial obligations incurred as a result of benefits received by
Releasors.

6. The Parties recognize that the County is a public entity and that settlements with
public entities are matters of public record.

7. The Parties executing below expressly represent and warrant that they are
authorized to execute this Agreement. Further, the Parties expressly acknowledge that they have
been represented by their respective counsel in connection with the preparation of this Agreement.
This Agreement has been negotiated and drafted jointly by the Parties and their respective counsel,
and the terms, conditions and provisions of this Agreement shall be construed only according to
their fair import and shall not be construed for or against any Party hereto.

8. The Parties further represent and warrant that they have not assigned, transferred
or conveyed any of their respective rights, claims or causes of action relating to the subject matter
of this Agreement and expressly waive all rights they may have to do so.

9. This Agreement is executed as a compromise of disputed claims, liability for which
is expressly denied by the Defendants. By this Agreement, the Defendants do not admit any
wrongdoing or liability for the allegations in the Litigation. The Parties agree that it is their mutual
intention that neither this Agreement nor any terms herein shall be admissible in any other or future
proceedings against the Defendants except a proceeding to enforce this Agreement.

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10. The Parties agree that each of them shall take such further action and execute such
further documents, if any, which may be necessary or appropriate to implement this Agreement
according to its terms.

11. This Agreement is made with reference to and under the terms of laws of the State
of Arizona which will be deemed to govern the validity and interpretation of this Agreement and
the rights and remedies of the parties hereunder. The Releasors and the Defendants hereby agree
that they are subject to the Jurisdiction of the State and Federal Courts within the State of Arizona
if there are any disputes that arise concerning this Agreement. Any legal action instituted by the
Releasors and the Defendants arising out of this Agreement shall be subject to the exclusive
jurisdiction of the State or Federal Courts within the State of Arizona. The County and Maricopa
County Sheriff Paul Penzone agree that the County and Maricopa County Sheriff Paul Penzone
are the real parties in interest with respect to enforcement of this agreement as it relates to all
claims that were asserted, including those against the individual Defendants. As such, County and
MCSO agree that if litigation of any disputes arising out of this agreement is required, that naming
County and Maricopa County Sheriff Paul Penzone only shall be effective against any and all
individual defendants named in the Litigation. As such, litigation of any disputes arising out of
this Agreement shall be as between the Releasors, the County, and Maricopa County Sheriff Paul
Penzone only, and shall not include the individual Defendants who were originally sued by the
Releasors.

13. This Agreement constitutes the entire agreement between the Parties and
supersedes all prior verbal or written agreements and understanding between the Parties. No
agreement or promise is binding on any Party except as set forth herein. Any modification or
waiver of any term of this Agreement, including a modification or waiver of these terms, must be
in writing and signed by both Parties.

14. This Agreement shall be enforced as a whole and no portion of the Agreement shall
be severable. Time is of the essence of this Agreement. The Parties agree to cooperate to
effectuate this Agreement.

15. All representations, warranties, indemnities, and covenants made by the Parties
hereto in the Agreement shall survive the execution of the Agreement. The recitals hereinbefore
set forth shall be considered a part of this Agreement.

16. | This Agreement shall be binding upon and inure to the benefit of the Parties and
the Released Parties.

17. This Agreement may be executed in any number of counterparts, each of which,
when executed, shall be an original and all of which together shall constitutes one and the same
Agreement.

[SIGNATURES APPEAR ON THE NEXT PAGE]
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IN WITNESS WHEREOF, the Parties have executed this Mutual Release and Settlement
Agreement the day and year first above written. : |

‘bere irdiAd a

“Selene ‘Ortiz. as guardian of Brian Ortiz, an
incompetent person; and Selene Ortiz, individually,

Date: 2.3 1-2

MARICOPA COUNTY BOARD OF
SUPERVISORS

BY:

Chairman, Board of Supervisors, For the County

Date:

ATTEST:

Clerk of the Board

Date:

Approved as to form:

Sarah Barnes, Brocning Oberg Woods & Wilson

Date: May 9, 2022