Loading...
Backup Documents 05/14/2013 Item #16C 9ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO > THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Coun ttorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. * *NEW ** ROUTING SLIP Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the oention ofthe Chairman's signahve draw a line through routing lines 91 through #2. complete the checklist. and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. 5/14/13 Agenda Item Number 16 -C -9 3. County Attorney Office County Attorney Office SRT 5/14/13 4. BCC Office Board of County Commissioners Q P s 511- ? %3 5. Minutes and Records Clerk of Court's Office _PM Jar f7��3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees shove_ may need to contact staff for additional or missive information. Name of Primary Staff Scott R. Teach, Deputy County Attorney Phone Number 252 -8400 Contact / Department appropriate. (Initial) Applicable) Agenda Date Item was 5/14/13 Agenda Item Number 16 -C -9 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, SRT Type of Document Mediated Settlement Agreement with Number of Original One Attached Addendum 1 - Reynolds Documents Attached PO number or account N/A number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's SRT INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5/14/13 and all changes made during the SRT meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 16C9 MEMORANDUM Date: May 20, 2013 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Case No. 10- 6658 -CA Mediated Settlement Agreement prior to trial in the County's lawsuit against John Reynolds & Sons, Inc., et al., and Addendum #1 to the Mediated Settlement Agreement Attached per request, is the original Settlement Agreement and Addendum #1 referenced above, (Item #16C9) approved by the Board of County Commissioners May 14, 2013. A copy of the agreement and the addendum will be held in the Minutes and Records Department as part of the Boards Official Record. If I can be of any further assistance, please feel to call me at 252 -8406. Thank you. Attachment IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, V. JOHN REYNOLDS & SONS, INC., D /B /A REYNOLDS, INC., an Indiana Corporation, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut Corporation, CAMP DRESSER & MCKEE INC., a Massachusetts Corporation, GREELEY AND HANSEN LLC, an Illinois Limited Liability Company, and HAZEN AND SAWYER, P.C., a New York Corporation, Defendants. JOHN REYNOLDS & SONS, INC. D/B /A REYNOLDS, INC., Third -Party Plaintiff, V. HAZEN AND SAWYER, P.C., a New York Professional Corporation GREELEY AND HANSEN, LLC, an Illinois Limited Liability Company, FERGUSON ENTERPRISES, INC., a Virginia Corporation, Third -Party Defendants. 16C9 Case No. 10- 6658 -CA (Case 10- 6670 -CA Consolidated Herein) MEDIATED SETTLEMENT AGREEMENT THIS MEDIATION SETTLEMENT AGREEMENT of the above - captioned Lawsuit (the "Lawsuit "), dated May 3, 2013, was made and entered into by and between COLLIER COUNTY, FLORIDA, JOHN REYNOLDS & SONS, INC. d/b /a REYNOLDS, INC.; FERGUSON ENTERPRISES, INC.; HAZEN AND SAWYER, P.C.; CAMP DRESSER & MCKEE, INC., GREELEY AND HANSEN, LLC, TRAVELERS CASUALTY AND SURETY COMPANY, FAST FABRICATORS, LLC, MUELLER WATER PRODUCTS, INC., CONTINENTAL CASUALTY, LAYNE CHRISTENSEN COMPANY, and OLD REPUBLIC INSURANCE COMPANY (collectively referred to as "Settling 16C9 Parties "). As to each Settling Party defined, such shall include their respective officers, affiliated entities, directors, qualifiers and agents as applicable. PURPOSE The parties to this Settlement Agreement (the "Agreement ") acknowledge that the purpose of this Agreement is to memorialize the resolution of all disputes of whatever nature asserted or that could have been asserted by and between the Settling Parties arising out of or relating to the South County Regional Water Treatment Plant ( "Project "). AGREEMENT The Settling Parties agree as follows: 1. SETTLEMENT SUM. The Settling Parties shall pay the following settlement sums ( "Settlement Sums ") within twenty -one (21) days of approval of this Agreement by the Board of County Commissioners, as Ex -officio the Governing Board of the Collier County Water -Sewer District (the "Collier County Board of County Commissioners "): A. John Reynolds & Sons, Inc. d/b /a Reynolds, Inc.( "Reynolds ") to pay Collier County, Florida ( "Collier County") the amount of One Million Four Hundred Fifty Four Thousand One Hundred Sixty Seven Dollars ($1,454,167.00); B. Ferguson Enterprises, Inc. to pay Collier County the amount of Five Hundred Thousand Dollars ($500,000.00); C. Hazen and Sawyer, P.C. /Hole Montes, Inc. to pay Collier County the amount of Five Hundred Forty Five Thousand Eight Hundred Thirty Three Dollars ($545,833.00); and D. Greeley and Hansen, LLC to pay Collier County the amount of Two Million Dollars ($2,000,000.00). The Settlement Sums shall be made payable to the Carlton Fields, P.A., Trust Account, counsel for Collier County, by check or wire transfer. Collier County and the Settling Parties expressly agree that this Agreement is contingent upon the approval of the Collier County Board of County Commissioners. If the Collier County Board of County Commissioners do not approve the Agreement, the Agreement shall be null and void and of no further effect. The Settling Parties further agree that any public statements made by Collier County in public meetings to consider approval of the Agreement shall not be admissible for any purpose in the Lawsuit. 2. PAYMENT DEFAULT. In the event of a default of payment of the above Settlement Sums, upon the expiration of a further five (5) day grace period, Collier County shall thereafter file a Motion for Entry of Default Judgment with the Court together with a Notice of Hearing to Counsel for defaulting party, and thereafter with an Affidavit of Non - payment filed with such Motion, signed and notarized by Collier County, obtain a Final Judgment against the defaulting party, with credits given for any and all payments made. In the event of an action to recover on a default of the above Settlement Sums as set forth herein, the prevailing party shall be entitled to recover its attorneys' fees and costs. 3. ATTORNEY'S FEES and MEDIATOR COSTS. The Settling Parties are to bear their own attorneys' fees and costs incurred in this Lawsuit and equally share the cost of the mediator. 16C9 4. RELEASE. Other than with respect to the remaining payment obligations contained herein, the Settling Parties do, as to one another, including any and all insurers of all Settling Parties, their affiliates, officers, directors, employees, agents, suppliers, vendors, subcontractors, consultants, subconsultants and Hole Montes, Inc. release each other from any and all claims, demands, and damages, whether arising out of law or equity, arising out of or relating to the Lawsuit, the Project, and related contracts or agreements, or those issues which may be identified, contained in and/or related to any pleadings, responses, discovery, or expert reports exchanged during the Lawsuit (collectively, the "Materials "). The Settling Parties expressly acknowledge that Collier County does not release and reserves all rights with respect to latent defects in the Project, which are defined as issues not contained or referred to in the Materials, or which are not known by the County, or which should not have been known or discovered through the exercise of reasonable care or due diligence. Collier County's release of the Settling Parties specifically excludes all claims, rights and causes of action against Underground Solutions, Inc. arising from or related to the fusible PVC incorporated into the Project. The Settling Parties further acknowledge that they shall not waive cross - claims and third -party claims against one another in the event of a claim by Collier County arising from a latent defect. Additionally, Reynolds and Layne Christensen Company hereby assign and transfer all rights, claims and causes of action they may have, now or in the future, related to or arising from the purchase of fusible PVC for the Project to Collier County. It is expressly acknowledged and agreed that this assignment is separate and necessary consideration for the releases provided herein. Collier County agrees to indemnify, defend and hold harmless any and all Settling Parties who are sued as a result of Collier County's pursuit of any claim brought against Underground Solutions, Inc. in connection with the Project. 5. AGREEMENT COMPROMISES DISPUTED CLAIMS. This Agreement is made and entered by the parties as a compromise of disputed claims between them. None of this Agreement, the Settlement Sums provided by it, nor any document, pleading or paper prepared and signed pursuant to the provisions of this Agreement shall constitute or be construed or asserted as an admission of liability on the part of any party. The parties expressly acknowledge and agree that all claims asserted or unasserted between them have been fully and amicably resolved. 6. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 7. JURISDICTION AND VENUE. Any and all legal actions arising from or relating to this Agreement shall be commenced in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. The Court shall reserve jurisdiction solely to enforce the terms of this Agreement. 8. DRAFTING OF THE AGREEMENT. The Settling Parties participated in the drafting of this Agreement and/or had it reviewed by competent counsel. Accordingly, no presumption shall be given in favor of: or against, any Settling Party in interpreting this Agreement and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafter shall not be employed in the interpretation of this Agreement. 9. SEVERABILITY. If any provision of this Agreement is found to be unenforceable, the remaining provisions hereof shall nevertheless be carried into effect. 10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and understanding of the Settling Parties hereto, supersedes any prior agreement between the Settling Parties, whether written or oral, and may not be changed, altered or modified except in writing and executed by M 16C9 the Settling Parties hereto. Each Settling Party acknowledges that no representation, inducement, promises or agreements, orally or otherwise, was made by any Settling Party, or anyone acting on behalf of any Settling Party, unless such representation, inducement, promises or agreements are embodied in this Agreement. 11. REPRESENTATION BY COUNSEL. Each Settling Party was represented by independent counsel in this matter or had the opportunity to consult with independent counsel. Furthermore, the Settling Parties obtained advice from said counsel concerning the meaning, scope and effect of this Agreement, or voluntarily waived such an opportunity. 12. AUTHORIZATION AND AUTHORITY. Each Settling Party represents and warrants to the other that: (a) it is duly authorized and competent to execute this Agreement, (b) it has all necessary corporate power and authority to enter into this Agreement and to perform the agreements contained in this Agreement, and (c) the person signing this Agreement on behalf of such Settling Party is authorized to execute and deliver this Agreement on behalf of such Settling Party. 13. SECTION HEADINGS. The section headings contained in this Agreement are descriptive only and shall not be used to interpret, expand, modify, explain or limit any of the provisions of this Agreement. 14. GREELEY AND HANSEN, LLC REMEDIATION WORK. Collier County and Greeley and Hansen, LLC ( "Greeley ") hereby acknowledge that Greeley shall be entitled to payment at rates previously approved by the Collier County Board of County Commissioners for engineering and administrative services provided in connection with the remediation of the Project as a sub - consultant to Camp, Dresser & McKee, Inc. ( "CDM ") after the approval of this Agreement by the Collier County Board of County Commissioners. Collier County, Greeley and CDM acknowledge that Collier County shall not be required to make any payment for, and shall have no liability for, services rendered in connection with the remediation of the Project prior to the approval of this Agreement by the Collier County Board of County Commissioners. 15. DISMISSAL OF ACTION. Upon the timely receipt and clearance of all Settlement Sums, counsel for the Settling Parties shall thereupon file their Joint Notice of Voluntary Dismissal with prejudice of all claims, counterclaims, crossclaims and third party claims, with each party to the Lawsuit to bear its respective attorneys' fees and costs. 16. REYNOLDS- TRAVELERS ACKNOWLEDGMENT. Notwithstanding anything herein to the contrary, nothing in this agreement shall serve to limit, alter, diminish, or extinguish the terms and conditions of the General Agreement of Indemnity, including any additions and/or Riders thereto (collectively the "Indemnity Agreement "), executed by Reynolds in favor of Travelers Casualty and Surety Company of America, which Indemnity Agreement remains in full force and effect according to its terms and for which Travelers hereby reserves any and all rights, remedies and obligations, at law or in equity, pursuant thereto. 17. COPIES AS ORIGINALS. The Settling Parties hereby agree that fully executed copies of the Agreement shall be treated as originals. rd AGREED AND CONSENTED TO this 3 day of May, 2013. 4 16C9 COLLIER COUNTY JOHN H. REYNOLDS & SONS, INC d/b /a REYNOLDS, BY: &� — - C�c Z Eog-co . BY: Its A rc,e�r jo L4A .tc..U-ML-1-Mka✓..DIYt,.sjo�/ Its FERGUSON ENTERPRISES, INC. HAZEN SAWYER, P.C. BY. BY: l c) n MA t,1�S Its Its Kv PkQSRT�'Tl�t� CAMP S CKEE, INC. GREELEY AND HANSEN , LLC BY: BY: �wm ,� 9 40't� � 1 � L 4�) Its 4(A4" 1%t__ Its .-c �..� U $'�C� FAST FABRICATORS, LLLC MUELLER WATER PRODUCTS, INC. Cy�G�- BY: BY: Its 1j Its CONTIN NTAL S ALTY TRAVELERS CASUALTY AND PROPERTY INSURAN COMP BY- its / Its cvlFe- OLD REP IC INSURANCE COMPANY LAYNE C 7CMNSEN BY: / BY: Its _ �� Its S'r y' — ATTEST: DWIGHT E. BROCK, CLERK y Clerk Attest as f - - IV Sign* Approv4 Po~rrft and legal sufficiency: Scott R. Teach Deputy County Attorney 16C9 BOARD OF COUNTY COMMISSIONERS;: COLLIER COUNTY, FLORIDA, AND AS%' , EX-OFFICIO THE GOVERMN6 BOARD I OF THE COLLIER OUNTY, 'W/ATER. SEWER DISTRICT In (6) GE OA W. HILLER, ESQ., CHAIRWOMAN As approved on May 14, 2013 16C9 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, a political CASE.NO. 10- 6658 -CA subdivision of the State of Florida, (Case No. 10 -6670 Consolidated Herein) Plaintiff, V. JOHN REYNOLDS & SONS, INC. DB /A REYNOLDS, INC., an Indiana Corporation, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut Corporation, CAMP DRESSER & MCKEE INC., a Massachusetts Corporation, GREELEY AND HANSEN LLC, an Illinois Limited Liability Company, and HAZEN AND SAWYER, P.C., a New York Corporation, Defendants. JOHN REYNOLDS & SONS, INC. DB /A REYNOLDS, INC., Third -Party Plaintiff, V. HAZEN AND SAWYER, P.C., a New York Professional Corporation, GREELEY AND HANSEN, LLC, an Illinois Limited Liability Company, and FERGUSON ENTERPRISES, INC., a Virginia Corporation, Third -Party Defendants. ADDENDUM NO.1 TO THE MEDIATED SETTLEMENT AGREEMENT 16C9 This Addendum No. 1 to the Mediated Settlement Agreement is effective May 3, 2013 and fully incorporates the terms, defined terms and conditions of the Agreement except as specifically set forth below. WHEREAS, the Settling Parties participated in a two day mediation regarding the Lawsuit; WHEREAS, as a result of that two day mediation, the Settling Parties reached an agreement for the resolution of the Lawsuit on the terms and conditions set forth therein; and WHEREAS, the Settling Parties desire to clarify the scope of the release provided in Paragraph 4 as it relates to any and all causes of action Hazen and Sawyer, P.C. has against Hole Montes, Inc. arising out of or relating to this Project and the Subcontract between them are expressly reserved and excepted out of the operation of the Release. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Settling Parties do hereby agree as follows: 1. The amount paid in Article I.C. will be funded by Hazen and Sawyer, P.C. within the time frames set forth in the Agreement. 2. Article 4 of the Agreement is expressly clarified to read and to include that any and all causes of action Hazen and Sawyer, P.C. has against Hole Montes, Inc. arising out of or related to the Project or the Subcontract between them are expressly reserved and excepted out of the operation of the Release. 3. All other terms, defined terms and conditions of the Agreement remain in full force and effect. 4. This Addendum No. 1 may be executed in counterpart by the Settling Parties by U.S. Mail, facsimile or electronic mail. AGREED AND CONSENTED to this 3`d day of May, 2013. COLLIER COUNTY BY: �1-..� ��••,,.y—�' Z Its Q �...► r� s -r-d ? t-14 r% < LATI u rj cJ '0/u u 1.0'� 2 JOHN H. REYNOLDS & SONS, INC. d/b /s REYNOLDS, INC. BY: Its 16C9 This Addendum No. I to the Mediated Settlement Agreement is effective May 3, 2013 and fully incorporates the terms, defined terns and conditions of the Agreement except as specifically set forth below. WHEREAS, the Settling Parties participated in a two day mediation regarding the Lawsuit; WHEREAS, as a result of that two day mediation, the Settling Parties reached an agreement for the resolution of the Lawsuit on the terms and conditions set forth therein; and WHEREAS, the Settling Parties desire to clarify the scope of the release provided in Paragraph 4 as it relates to any and all causes of action Hazen and Sawyer, P.C. has against Hole Montes, Inc. arising out of or relating to this Project and the Subcontract between them are expressly reserved and excepted out of the operation of the Release. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Settling Parties do hereby agree as follows: 1. The amount paid in Article I.C. will be funded by Hazen and Sawyer, P.C. within the time frames set forth in the Agreement. 2. Article 4 of the Agreement is expressly clarified to read and to include that any and all causes of action Hazen and Sawyer, P.C. has against Hole Montes, Inc. arising out of or related to the Project or the Subcontract between them are expressly reserved and excepted out of the operation of the Release. 3. All other terms, defined terms and conditions of the Agreement remain in full force and effect. 4. This Addendum No. 1 may be executed in counterpart by the Settling Parties: by U.S. Mail, facsimile or electronic mail. AGREED AND CONSENTED to this 3`d day of May, 2013. COLLIER COUNTY BY: Its 2 JOHN H. REYNOLDS & SONS, INC. d/b /a REYNOLDS, INC Fanska Its Vice President and Treasurer 16C9 FERGUSON ENTERPRISES, INC. HAZEN AND SAWYER, P.C. BY: Its CAMP DRESSEER & MCKEE, INC. GREELEY AND HANSEN, LLC BY: BY: Its Its FAST FABRICATORS, LLC MUELLER WATER PRODUCTS, INC. BY: BY: Its Its CONTINENTAL CASUALTY TRAVELERS CASUALTY AND PROPERTY INSURANCE COMPANY BY: BY: Its Its OLD REPUBLIC INSURANCE COA•IPANY LAYNE CHRISTENSEN COiNIPANY BY: BY: Its Its 16C9 FERGUSON ENTERPRISES. INC. BY: MRAZ:lSlA'WWV9R �/ a Its 113 VIC£ CAMP D EER 6c C ' E. INC. GREELZ AND HANSEN BY: BY: v Its Its FAST FABRICATORS, LLC MUELLER WATER PRODUCTS, INC. BY: BY: Its Its CO 'AL CASUAL TRAVELERS CASUALTY AND PROPERTY INSURANCE COMPANY BY: BY: Its a,C _ ./ — -vq Its OLD REPUBLIC INSURANCE COMPANY LAYNE CHRISTENSEN COMPANY BY: BY: Its Its 16C9 FERGUSON ENTERPRISES, INC. HAZEN AND SAWYER, P.C. BY: BY: Its Its CAMP DRESSEER & MCKEE, INC. GREELEY AND HANSEN, LLC BY: BY: Its Its FAST FABRICATORS, LLC MUELLER WATER PRODUCTS, INC. h� BY: BY: /�Jc G !!c L L hi Its Its- 1�(�w/D`�% CONTINENIPAL CASUALTY TRAVELERS CASUALTY AND PROPERTY INSURANCE COMPANY BY: BY: Its Its OLD REPUBLIC INSURANCE COMPANY LAYNE CHRISTENSEN COMPANY BY: BY: Its Its 16C9 FERGUSON ENTERPRISES, INC. HAZEN AND SAWYER, P.C. BY: BY: Its Its CAMP DRESSEER & M4CKF8, INC GREELEY AND HANSEN, LLC BY: BY: Its Its FAST FABRICATORS, LLC MUELLER WATER PRODUC'T'S, INC. BY: BY: Its Its CONTINENTAL CASUALTY TRAVELERS CASUALTY AND .PROPERTY INSURANCE COMPANY BY: BY: tts its OLD REPUBLIC INSURANCE COMPANY LAYNE CNRISTE SEN C ...-- .SE BY: & B . rt ['anska Its 0ALAn r I a d C3►^e=h2 l 1/- Its Sonior Vice President.Finance — Treasutel 16C9 FERGUSON ENTERPRISES, INC. HAZEN AND SAWYER, P.C. BY: BY: Its Its CAMP DRESSEER & MCKEE, INC. GREELEY AND HANSEN, LLC BY: BY: Its Its FAST FABRICATORS, LLC MUELLER WATER PRODUCTS, INC. BY: BY: Its Its CONTINENTAL CASUALTY TRAVELERS CASUALTY AND PROPERTY INSURANCE COMPANY BY: B a Its Its OLD REPUBLIC INSURANCE COMPANY LAYNE CHRISTENSEN COMPANY BY: BY: Its Its 16C9 ATTEST: BOARD OF COUNTY COMMM%ONER$ DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA: AND AS °-,.: EX- OFFICIO THE GOVERNNG BOARI?- , -. 4 OF THE COLLIER COUNTY 'WA1 SEWER DISTRICT By: — By: ty Clerk GEO I ILLER, ESQ., CHAIR O signature anly:,.�,: �- MAN As approved on May 14, 2013 Approved as to form and legal sufficiency: ��f e4��-t, Scott R. Teach Deputy County Attorney (4)