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Agenda 03/26/2013 Item #16K13/26/2013 16. K.1. EXECUTIVE SAY Recommendation to approve and authorize the Chairwoman to execute a Settlement Agreement and Release prior to trial in the lawsuit entitled John W. Staley and Elizabeth E. Staley v Board of County Commissioners, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 11-2962-CA) for the sum of $20,000. OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by John W. Staley and Elizabeth E. Staley, against the Board of County Commissioners, for the sum of $20,000.00 and authorize the Chairwoman to execute the Settlement Agreement and Release. CONSIDERATIONS: On November 15, 2008, a Collier County vehicle struck the plaintiff's vehicle at U.S. 41 North in Collier County. Plaintiffs were transported to the hospital. Plaintiff, John W. Staley ultimately underwent physical therapy and received a 5 % whole person impairment based on cervical/thoracic/lumbar strains and injuries. His medical bills total $8,012.81. The second Plaintiff, Elizabeth E. Staley, also underwent physical therapy and was given a 10% whole person impairment based on cervical/thoracic/lumbar sprain/strain and injuries. Her medical bills total $14,721.05 Liability for the accident is clear against the County and the central issue for the jury determination would be the amount of damages. Through trial, the County would need to proceed through mediation, retain a medical expert, conduct additional depositions, order transcripts, and depose the Plaintiffs' treating medical providers. Estimated cost would be approximately $15,000.00. At trial, Plaintiffs' attorney would blackboard a total of approximately $23,000.00 in medical bills to the jury. The County, through the County Attorney's Office and the Risk Management Department, negotiated a settlement in this case for a total sum of $20,000.00, contingent on the Board of County Commissioners approval of the same. FISCAL HKPACT: Funds are budgeted and available in Fund 516, Property & Casualty Insurance Fund and the total impact will be $20,000.00. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this settlement with the Risk Management Department and recommends that the Board of County Commissioners approve this Settlement Agreement. This settlement is based on both the exposure to the County and the costs associated with taking this case to trial. This item is legally sufficient for Board action and requires a majority vote for approval. — KLN RECOMMENDATION: For the Board of County Commissioners to accept the settlement in the lawsuit filed against the Board of County Commissioners by John W. Staley and Elizabeth E. Staley in the Twentieth Judicial Circuit Court for the total sum of $20,000.00 and authorize the Chairwoman to execute the Settlement Agreement and Release. Prepared by: Kevin L. Noell, Assistant County Attorney 11- 2962- CA/5663 Packet Page -1122- 3/26/2013 16.K.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to approve and authorize the Chairwoman to execute a Settlement Agreement and Release prior to trial in the lawsuit entitled John W. Staley and Elizabeth E. Staley v. Board of County Commissioners, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 11- 2962 -CA) for the sum of $20,000. Meeting Date: 3/26/2013 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 3/11/2013 8:41:52 AM Approved By Name: WalkerJeff Title: Director - Risk Management,Risk Management Date: 3/11/2013 9:03:10 AM Name: NoellKevin Date: 3/11/2013 11:12:35 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 3/11/2013 11:57:22 AM Name: KlatzkowJeff Title: County Attorney Date: 3/13/2013 8:22:53 AM Name: OchsLeo Title: County Manager Date: 3/13/2013 3:03:48 PM Packet Page -1123- 3/26/2013 16.K.1. SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release ") is entered into and made on this day of , 2013 by and between ELIZABETH E. STALEY, (hereinafter referred to as "Plaintiff") and Board of County Commissioners for Collier County (hereinafter referred to as the "County "). WITNESSETH: WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled John W. Staley and Elizabeth E. Staley v. Board of County Commissioners of Collier County, Florida, Case No. 11- 2962 -CA (hereinafter referred to as the "Lawsuit "); and WHEREAS, Plaintiff and the County, without either party admitting any liability or fault, desires to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or iindirectly, known or unknown, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiff and the County desire to reduce her settlement to a writing so that it shall be binding upon her as well as her respective owners, principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. WHEREAS, Plaintiff agrees and covenants to fully comply with all applicable Medicare laws and liens specifically including 42 USC § 1395y. 1 (9 Packet Page -1124- 3/26/2013 16.K.1. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Plaintiff and the County agree as follows- 1 . Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as 'Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of Ten Thousand Dollars and 00/100 ($10,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of herself, her attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that she has asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. 2 Packet Page -1125- 3/26/2013 16.K.1. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of I.—N this Agreement and Release, Plaintiff and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the eight to enforce the terms and conditions of this Agreement and Release. 5. Plaintiff agrees and covenants to fully comply with all applicable Medicare laws and liens specifically including 42 USC § 1395y. 6. Plaintiff and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs, and affiliates. 7. Plaintiff and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the County. 8. Plaintiff and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 9. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. Packet Page -1126- 3/26/2013 16. K.1. 10. In the event of an alleged breach of this Agreement and Release, Plaintiff and the County agree that all underlying causes of action or claims of Plaintiff have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 11. This Agreement and Release shall be governed by the laws of the State of Florida. 12. Plaintiff and Plaintiffs attorney shall be solely responsible for any Medicare lien or other liens. 13. The document titled "Addendum to Settlement Agreement and Mutual Release" attached as Exhibit "I" is incorporated into this Agreement by reference, IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this Agreement and Release as set forth below. Date: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Kevin L. Noell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., Chairwoman By: ELIZABETH E. STALEY, Plaintiff M- David McElrath, Esq. Attorney for Plaintiff 4 Packet Page -1127- 3/26/2013 16.K.1. STATE OF COUNTY OF THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by ELIZABETH E. STALEY, before me on this day of , 2013. Signature of Notary Public Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: 11- 2962- GAi5370 Personally Known or Produced Identification Type of Identification Produced 5 Packet Page -1128- 3/26/2013 16.K.1. ADDENDUM TO SETTLEMENT AGREEMENT AND MUTUAL RELEASE Representations With Regard to Medicare's Interests Releasor hereby warrants and represents that she presently is not, nor has ever been enrolled in Medicare Part A or Part B. Further, she has no claims for Social Security Disability benefits nor is she appealing or re-filing for Social Security Disability benefits. Medicare's Interests In reaching agreement on the terms of this Release, the parties acknowledge Releasor's possible entitlement to Social Security disability benefits pursuant to 42 U.S.C. § 423, and receipt of Medicare or Medicaid benefits under 42 U.S.0 § 1395y, as well as the entitlement of the Centers for Medicare and Medicaid Services ("CMS") to subrogation and intervention, pursuant to 42 U.S.C. § 1395y(b) (2) to recover any overpayment made by CMS. The parties to this Release agree that this Release is not intended to shift to CMS the responsibility for payment of medical expenses for the treatment of injury related conditions. The parties agree that this settlement is intended to provide ReJeasor a lump sum and/or future periodic payment which will foreclose Releasee's responsibility for future payment of all injury related medical expenses. Non-reimbursabie Expenses (where there is an MSA or other future medical expense consideration) The parties to this Release understand that many common medical expenses are not payable or reimbursable under the Medicare program. These medical expenses, not covered by Medicare but necessary in the ongoing treatment of the Releasor's injuries, and without an admission of liability on the part of the Releasee, have been taken into consideration in the calculation and settlement of Releasor's future medical expenses. Funds for these non-Medicare covered medical expenses have been included in the lump sum settlement amount and shall not be paid from any Medicare allocation amount. Packet Page -1129- 3/26/2013 16.K.1. Benefit Eligibility Releasor acknowledges that any decision regarding entitlement to Social Security benefits or Medicare or Medicaid benefits, including the amount and duration of payments and offset reimbursement for prior payments is exclusively within the jurisdiction of the Social Security Administration, the United States Government, and the U.S. Federal Courts, and is determined by Federal law and regulations. As such, the United States Government is not bound by any of the terms of this Release. Future Benefits Releasor has been apprised of his /her right to seek assistance from legal counsel of his /her choosing or directly from the Social Security Administration or other government agencies regarding the impact this Release may have on Releasor's current or future entitlement to Social Security or other governmental benefits. Releasor acknowledges that acceptance of these settlement funds may affect Releasor's rights to other governmental benefits, insurance benefits, disability benefits, or pension benefits. Notwithstanding this possibility, Releasor desires to enter into this Release agreement to settle his /her injury claim according to the terms set forth in this Release. Medicare Recovery Action Releasor agrees to hold harmless, indemnify and defend Releasee from any cause of action, including, but not limited to, an action by CMS to recover or recoup Medicare benefits or loss of Medicare benefits, if CMS determines that the money set -aside has been spent inappropriately or for any recovery sought by Medicare, including past, present, and future and /or conditional payments. Releasor agrees not to use designated Medicare allocation funds to pay claims for conditional payments that may have been made by Medicare. 380652.1 Packet Page -1130- 10011.1 3/26/2013 16. K.1. Complete Understanding Releasor hereby declares that the terms of this Release have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final settlement of any and all claims, disputed or otherwise, on account of injuries and/or damages related to the Claims set forth herein, and for the express purpose of precluding forever any further additional claims against the Releasee arising out of the aforesaid incident, accident or occurrence. As to the releaser only: Releasor Nome Elizabeth E. Staley STATE OF COUNTY OF Dole THIS ADDENDUM TO SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed ELIZABETH E. STALEY, before me on this day of 2013. Personally Known Signature of Notary Public or Produced Identification Commissioned Name of Notary Public Type of Identification Produced (Please print, type or stamp) My Commission expires: 380652.1 Packet Page -1131- 3/26/2013 16.K.1. As to the releasee only: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Releasee Date Georgia A. Hiller, Esq., Chairwoman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: KEVIN L. NOELL Assistant County Attorney EXHIBIT "11" 11-2962-CA/5371 4 380652.1 Packet Page -1132- n 3/26/2013 16. K.1. SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on this day of 1 2013 by and between JOHN W. STALEY, (hereinafter referred to as "Plaintiff") and Board of County Commissioners for Collier County (hereinafter referred to as the "County"). W I T N E S S E T H: WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled John W. Staley and Elizabeth E. Staley v. Board of County Commissioners of Collier County, Florida, Case No. I 1- 2962 -CA (hereinafter referred to as the "Lawsuit "); and WHEREAS, Plaintiff and the County, without either party admitting any liability or fault, desires to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, known or unknown, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiff and the County desire to reduce his settlement to a writing so that it shall be binding upon him as well as his respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. WHEREAS, Plaintiff agrees and covenants to fully comply with all applicable Medicare laws and liens specifically including 42 USC § 1395y. I Packet Page -1133- 3/26/2013 16.K.1. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Plaintiff and the County agree as follows: 1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in anyway, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of Ten Thousand Dollars and 00/100 ($10,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of himself, his attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that he has asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. N Packet Page -1134- 3/26/2013 16.K.1. 4, Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, Plaintiff and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. Plaintiff agrees and covenants to fully comply with all applicable Medicare laws and liens specifically including 42 USC § 1395y. 6. Plaintiff and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs, and affiliates. 7. Plaintiff and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the County. 8. Plaintiff and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 9. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 3 Packet Page -1135- E) 3/26/2013 16. K.1. 10. in the event of an alleged breach of this Agreement and Release, Plaintiff and the County agree that all underlying causes of action or claims of Plaintiff have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 11. This Agreement and Release shall be governed by the laws of the State of Florida. 12. Plaintiff and Plaintiffs attorney shall be solely responsible for any Medicare lien or other liens. 13. The document titled "Addendum to Settlement Agreement and Mutual Release" attached as Exhibit "1" is incorporated into this Agreement by reference. IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this Agreement and Release as set forth below. Date: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency: Kevin L. Noell Assistant County Attorney c GEORGIA A. HILLER, ESQ., Chairwoman By: JOHN W. STALEY, Plaintiff David McElrath, Esq. Attorney for Plaintiff rd Packet Page -1136- 3/26/2013 16. K.1. STATE OF COUNTY OF THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by JOHN W. STALEY, before me on this Signature of Notary Public day of 2013. Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: 11-2962-CA/5365 Personally Known or Produced Identification Type of Identification Produced 5 Packet Page -1137- 3/26/2013 16.K.1. ADDENDUM TO SETTLEMENT AGREEMENT AND MUTUAL RELEASE Representations With Regard to Medicare's Interests Releasor hereby warrants and represents that he presently is not, nor has ever been enrolled in Medicare Part A or Part 6. Further, he has no claims for Social Security Disability benefits nor is he appealing or re- filing for Social Security Disability benefits. Medicare's Interests In reaching agreement on the terms of this Release, the parties acknowledge Releasor's possible entitlement to Social Security disability benefits pursuant to 42 U.S.C. § 423, and receipt of Medicare or Medicaid benefits under 42 U.S.0 § 1395y, as well as the entitlement of the Centers for Medicare and Medicaid Services ( "CMS ") to subrogation and intervention, pursuant to 42 U.S.C. 31395y(b) (2) to recover any overpayment made by CMS. The parties to this Release agree that this Release is not intended to shift to CMS the responsibility for payment of medical expenses for the treatment of injury related conditions. The parties agree that this settlement is intended to provide Releasor a lump sum and /or future periodic payment which vvill foreclose Releasee's responsibility for future payment of all injury related medical expenses. Non- reimbursable Expenses (where there is an MSA or other future medical expense consideration) The parties to this Release understand that many common medical expenses are not payable or reimbursable under the Medicare program. These medical expenses, not covered by Medicare but necessary in the ongoing treatment of the Releasor's injuries, and without an admission of liability on the part of the Reieasee, have been taken into consideration in the calculation and settlement of Releaser's future medical expenses. Funds for these non- Medicare covered medical expenses have been included in the lump sum settlement amount and shall not be paid from any Medicare allocation amount. n Packet Page -1138- 3/26/2013 16. K.1. Benefit EligibilIfty Releasor acknowledges that any decision regarding entitlement to Social Security benefits or Medicare or Medicaid benefits, including the amount and duration of payments and -offset reimbursement for prior payments is exclusively within the jurisdiction of the Social Security Administration, the United States Government, and the U.S. Federal Courts, and is determined by Federal low and regulations. As such, the United States Government is not bound by any of the terms of this Release. Future Benefits Releasor has been apprised of his/her fight to seek assistance from legal counsel of his/her choosing or directly from the Social Security Administration or other government agencies regarding the impact this Release may have on Releasor's current or future entitlement to Social Security or other governmental benefits. Releasor acknowledges that acceptance of these settlement funds may affect Releasor's rights to other governmental benefits, insurance benefits, disability benefits, or pension benefits. Notwithstanding this possibility, Releasor desires to enter into this Release agreement to settle his/her injury claim according to the terms set forth in this Release. Medicare Recovery Action Releasor agrees to hold harmless, indemnity and defend Reieasee from any cause of action, including, but not limited to, an action by CMS to recover or recoup Medicare benefits or loss of Medicare benefits, if CMS determines that the money set-aside has been spent inappropriately or for any recovery sought by Medicare, including past, present, and future and/or conditional payments. Releasor agrees not to use designated Medicare allocation funds to pay claims for conditional payments that may have been made by Medicare. 380652.1 Packet Page -1139- 3/26/2013 16. K.1. Complete Understanding Releasor hereby declares that the terms of this Release have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final settlement of any and all claims, disputed or otherwise, on account of injuries and /or damages related to the Claims set forth herein, and for the express purpose of precluding forever any further additional claims against the Releasee arising out of the aforesaid incident, accident or occurrence. As to the releaser only: Releasor Name John W. Staley STATE OF COUNTY OF F0 =*- THIS ADDENDUM TO SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed JOHN W. STALEY, before me on this day of 2013. Signature of Notary Public Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: 380652.1 Personally Known or Produced Identification Type of Identification Produced 3 Packet Page -1140- 3/26/2013 16. K.1. As to the releasee only: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Releasee Date Georgia A. Hiller, Esq., Chairwoman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: J KEVIN L. NOELL Assistant County Attorney EMBIT "11" 11-2962-CA/5366 4 380652.1 Packet Page -1141-