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Backup Documents 05/13/2014 Item #16A16 bP ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 5 f r R TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO / THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. T documents he completed routing slip and original duments are to be forwarded to the County Attorne 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#1 through#2 as appropriate for additional signatures,dates,and/or information needed. lithe document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office 5/15114" 4. BCC Office Board of County -T Commissioners \f' */ ‘ \V 5. Minutes and Records Clerk of Court's Office 01 ‘11 `- a 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 above.may need to contact staff for additional or missing information. Name of Primary Staff Chris D'Arco Phone Number 252-2980 Contact/ Department Agenda Date Item was May 13,2014 Agenda Item Number 16A16 Approved by the BCC Type of Document Agreement Number of Original 1 V Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST 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? CD ✓ 2. Does the document need to be sent to another agency for additional signatures? If yes, CD t/Sce 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 signed by the Chairman,with the exception of most letters,must be reviewed and signed CD V by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Ni 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 CD 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 CD y/ signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip CD 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 5/13/2014 and all changes made during CD t;= the meeting have been incorporated in the attached document. The County # st;; Attorney's Office has reviewed the changes,if applicable. m 9. Initials of attorney verifying that the attached document is the version approved by the CD BCC,all changes directed by the BCC have been made,and the document is ready for t ax, Chairman's signature. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised I.26.05,Revised 2.24.05;Revised 11/30/12 16A16 MEMO TO THE CAO AND RECORDING CLERK To: CAO/Records and Minutes From: Chris D'Arco,Senior Environmental Specialist, Coastal Zone Management Re: Grant Agreement Amendment Please see the attached artificial reef BP grant agreement document. Pleasenote, once this amended grant agreement is signed by BCC Chairman Henning,the original signed document needs to then be signed by the BP Claims Administrator Patrick Juneau prior to recording. Please send overnight to : Att: Nick Gagliano 935 Gravier Street, Suite 1905 New Orleans, LA 70112 Please forward me a copy of the grant agreement (christopherdarco @ colliergov.net) once signed by Commissioner Henning when it is ready to be sent to BP so I may update the grants department. Please also send me a copy of the grant agreement once it is signed by Mr.Juneau. Please let me know if you have any questions. Thank you! Chris Chris D'Arco Senior Environmental Specialist Growth Management Division Natural Resources Department Coastal Zone Management Office 239-252-2980 Cell- 239-601-1130 christopherdarco @colliergov.net County of Collier 1 6 A 16 CLERK OF THE CIRCU. IT COURT COLLIER COUNTI't� OUR1-HOUSE 3315 TAMIAMI TRL E STE 102 Dwight E.Brock-�'°a� rk of Circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor ustoian of County Funds May 19, 2014 Attn: Nick Gagliano, 935 Gravier Street Suite 1905 New Orleans, LA 70112 Re: Amendment to Promotional Fund Grant Agreement (Artificial Reef BP Grant Agreement) Mr. Gagliano, Enclosed is the document referenced above. Once all signatures have been received, please return a copy back to my office. Thank you and if there are any questions, please contact me. Sincerely, &K-1A-4aPt -- eresa Cannon, Deputy Clerk 239-252-8411 Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com OF 1 Ali m m 16416 g Ili' 2 U ,., I II 11 C • ❑ •h 0 • il .. as I �e ! m ❑ cz ae c., 0.g 4! 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A 16A16 AMENDMENT TO PROMOTIONAL FUND GRANT AGREEMENT THIS AMENDMENT TO PROMOTIONAL FUND GRANT AGREEMENT (hereinafter "Amendment") is entered into this ; 3 day of ') , 2014, by and between Collier County ("Grantee"); Patrick Juneau, as Trustee (the "Trustee")ff the Settlement Trust, and as Claims Administrator of the Court Supervised Settlement Program (the "Claims Administrator"); and solely for the purposes of taking cognizance and approving the terms of this Agreement, BP Exploration & Production Inc. (BP Exploration") and Lead Class Counsel. RECITALS WHEREAS, on April 9, 2013, the Board of County Commissioners (Board) approved a Promotional Fund Grant Agreement ("Agreement") whereby the Collier County would receive a $500,000 grant to expand and improve its artificial reef program (a copy of the Agreement is attached hereto as Attachment A and made a part of this Amendment); and WHEREAS, the Board wishes to amend the Agreement as set forth below in order to update the Description of Services outlined in Schedule 1 and extend the expiration of the grant award to March 31, 2015; and WHEREAS, the Grantee has requested and received approval from BP Exploration to make the desired amendments to the Agreement. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows: 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. Paragraph 3.1 of the Agreement is hereby amended as follows: 3.1 Amount of Grant. Subject to the terms and conditions of this Agreement, and contingent upon sufficient funding of the Settlement Trust by BP, the Settlement Trust agrees to award to Grantee up to $500,000.00 for the period December 1, 2013 to November 30, 2013 March 31, 2015. The Grant shall be payable as follows: * * * * * 3. Paragraph 4.1 of the Agreement is hereby amended as follows: 4.1 This Agreement is effective as of 12:01 a.m. Eastern Standard Time on December 1, 2013 (the "Effective Date") and its term shall end on November-403 2013 March 31, 2015 (the "Expiration Date"), unless terminated on a different date in accordance with Paragraph 4.2 or as otherwise agreed by the Parties. Words Underlined are added; Words Struck eugh are deleted. Page 1 of 2 / 16A16 4. Schedule 1 of the Agreement (Description of Services) is hereby amended as follows: The Collier County Natural Resource Department will deploy a minimum of 6000 tons of concrete materials in order to construct at least 20 up to 12 new 4004en state-of-the -art artificial reefs. * * * * * 3. Submit copies of appropriate permits from the U.S. Army Corps of Engineers • - - -. •• - . - - • . . • . - allowing/permitting the project. * * * * * 5. Except as modified by this Amendment, the Agreement shall remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment on the date set forth above. Settlement Trust Grant`;. / By: Signature t_nature Patrick Juneau Tom Henning Printed Name Printed Name Trustee Chairman Printed Title Printed Title Claims Administrator: By: ATTEST: Signature DWIGHT _ STOCK C -, Patrick Juneau 'eputy Clerk r,-; Printed Name Attest as to Chairita � Claims Administrator signature only;, r Printed Title Approved as to form and legality: • By: JenniA. Belp-• • la- Assistant County Attorney �I Words Underlined are added; Words Struck Through are deleted. Page 2 of 2 FedEx Ship Manager- Print Your Label(s) Page 1 of 1 16A16 1 6 From: (985)542-5457 Origin ID:BTRAF �,,,�� Ship Date:22MAY14 Nick Gagliano Ii p? a ActWgt 0.1 LB Deepwater Horizons CAD:5524601/1NET3490 1007 West Thomas Street Suite J Delivery Address Bar Code HAMMOND,LA 70401 314101402070326 l III II I I 111111 III III I 1111 I I I III I I II III I II III I I III II I I III I III SHIP TO: (239)252-2646 BILL SENDER Ref# DWH-Amendment Teresa Cannon Invoice# Clerk-Circuit Court of Collier Co PO# Minutes&Records Department Dept# 3299 Tamiami Trail E.,#401 NAPLES, FL 34112 FRI -23 MAY AA TRK# 1 7700 6976 5152 STANDARD OVERNIGHT 0201 lilt 34112 XH APFA RsW 11 1111 522G116203iF220 After printing this lai?ei. on Mis itt4ye to int'r ..nc., _ a_.r.r n :aer. lac:,lane: shy ., a i( a to ttictiir slspire,s s.h: al the•Oa: cc < r,yhe le k..l foaii sine sit rivets Warning'Use only the cant ed original for shippinng.Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges,along with the cancellation of your FedEs account:nunhbe'. in cyst:fro don,sioies yotir b,erne:t ;;;.E.:=i n.;.c: ,e:ctii iet efritt.fr..Se E E.fr.2 ..i a:;I <,. x •. not E 3,.r:1....... ,r any::.a f 1 :x(':::.5 $100 . ...ir .wttetitlei '1, :;. 1.> !,... h 1,r ..,:ay ti:.1- ,<::..I a Yr_,htr_ F pity as id o:-c el therge doeonterit ar'-a . ern'.file a r hioly olalrn I.nr nations f _ _cu reitI c S.'r ice Gnitte.apF. right to ocotifri from f=eciEx?1 any oss,:itcfrictiog icitrinsie.afri_of the ittcickeige. inst.of oa ye .:c.::.e intetiest F..c r- a.tnnfry's fees '_:viii., and ether:e ns of i a❑'a,.£J.hEaicraired-incidetlai.c,. s..q.ue Of..pee>a ite to fry: .:':i ed oet,:;tritte frekici Recovery centto:yofrfrtied a..... .... tY:.•(iYl Y ;r i:.:'. e<tranotinettv �'...f,C)ra t7 rY.�cI egottank:inMinittent,ette.....t ite;ct.t:'frttee:n; t f .'1. n ..d.itfr^ .s:toe fre_; t t M ifs se£ -e'f > https://www.fedex.com/shipping/shipmentConfirmationAction.handle?method=doContinue 5/22/2014 16416 AMENDMENT TO PROMOTIONAL FUND GRANT AGREEMENT THIS AMENDMENT TO PROMOTIONAL FUND GRANT AGREEMENT (hereinafter "Amendment") is entered into this ; 3*�day of 111 at.% , 2014, by and between Collier County ("Grantee"); Patrick Juneau, as Trustee (the "Trustee")ff the Settlement Trust, and as Claims Administrator of the Court Supervised Settlement Program (the "Claims Administrator"); and solely for the purposes of taking cognizance and approving the terms of this Agreement, BP Exploration & Production Inc. (BP Exploration") and Lead Class Counsel. RECITALS WHEREAS, on April 9, 2013, the Board of County Commissioners (Board) approved a Promotional Fund Grant Agreement ("Agreement") whereby the Collier County would receive a $500,000 grant to expand and improve its artificial reef program (a copy of the Agreement is attached hereto as Attachment A and made a part of this Amendment); and WHEREAS, the Board wishes to amend the Agreement as set forth below in order to update the Description of Services outlined in Schedule 1 and extend the expiration of the grant award to March 31, 2015; and WHEREAS, the Grantee has requested and received approval from BP Exploration to make the desired amendments to the Agreement. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows: 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. Paragraph 3.1 of the Agreement is hereby amended as follows: 3.1 Amount of Grant. Subject to the terms and conditions of this Agreement, and contingent upon sufficient funding of the Settlement Trust by BP, the Settlement Trust agrees to award to Grantee up to $500,000.00 for the period December 1, 2013 to November 30, 2013 March 31, 2015. The Grant shall be payable as follows: * * * * * 3. Paragraph 4.1 of the Agreement is hereby amended as follows: 4.1 This Agreement is effective as of 12:01 a.m. Eastern Standard Time on December 1, 2013 (the "Effective Date") and its term shall end on November 30, 2044 March 31, 2015 (the "Expiration Date"), unless terminated on a different date in accordance with Paragraph 4.2 or as otherwise agreed by the Parties. Words Underlined are added;Words Struck Through are deleted. Page lof2 16A16 4. Schedule 1 of the Agreement (Description of Services) is hereby amended as follows: The Collier County Natural Resource Department will deploy a minimum of 6000 tons of concrete materials in order to construct at least 20 up to 12 new 400-ten state-of-the -art artificial reefs. * * * * * 3. Submit copies of appropriate permits from the U.S. Army Corps of Engineers and the Department of Environmental Protection allowing/permitting the project. * * * * * 5. Except as modified by this Amendment, the Agreement shall remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment on the date set forth above. Settl bet Trust Grant`. _,;,.,..•■■0111111111111E Signat re i_nature , Patrick Juneau Tom Henning Printed Name Printed Name Trustee Chairman Printed Title Printed Title Cl. • Admi istrator: ATTEST: Si mature DWIGHT BROCK,CL Rk Patrick Juneau , Printed Name eputy Clerk r ; , Attest as to Chalrinrr Claims Administrator signature only,- Printed Title Approved as to form and legality: By: 0A Jenm r A. Belp-U • Assistant County Attorney c ,� �`2Q'' Words Underlined are added;Words Struck Through are deleted. Page 2 of 2