Agenda 04/12/2011 Item #16F4
4/12/2011 Item 16.FA.
EXECUTIVE SUMMARY
Recommendation to authorize a representative of the County Tourism Department to file a
claim in the sum of $450,000 on behalf of Collier County for lost tourist development tax
revenue in the multi-district litigation relating to the Deepwater Horizon oil spill (Civil
Action No. 10-9999, U.S. District Court for the Eastern District of Louisiana).
OBJECTIVE: To obtain the Board's authorization for a representative of the County Tourism
Department to file a claim for lost tourist development tax revenue resulting from the Deepwater
Horizon oil spill, in Civil Action No. 10-9999, in the U,S, District Court for the Eastern District of
Louisiana.
CONSIDERATIONS: As part of ongoing litigation relating to the Deepwater Horizon oil spill,
the U.S. District Court for the Eastern District of Louisiana has approved a two-page "short fonn"
for claims by local governmental entities, and has imposed a filing deadline of April 20, 2011.
The Tourism Department wishes to make a claim in the sum 'of$4SiJ,000 for lost tourist
development tax revenue resulting from the oil spill, for the months of July through September
2010. Filing a claim in the multi-district litigation will provide an opportunity to make the County
whole for iL~ revenue loss, and will preserve the County's right to collect this lost tax revenue in
the multidistrict litigation. .
FISCAL IMPACT: None.
~
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. Approval of this
item requires a simple majority vote. -JW
RECOMMENDATION: That the Board of County Commissioners authorize a representative
of the County Tourism Department to sign and lite the attached claim in the sum of $450,000 for
lost tourist development tax revenue on behalf of the County.
Prepared by: Jack Wert, Director, County Tourism Department
-
Packet Page ,2217-
4/12/2011 Item 16.FA.
COLLIER COUNTY
Board of County Commissioners
Item Number:
16.F.4.
Item Summary: Recommendation to authorize a representative of the County Tourism
Department to file a claim in the sum of $450,000 on behalf of Collier County for lost tourist
development tax revenue in the multi-district litigation relating to the Deepwater Horizon oil
spill (Civil Action No. 10-9999, U.s. District Court for the Eastern District of Louisiana).
Meeting Date: 4/12/2011
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
41612011 1 :54:34 PM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
4/612011 1:54:35 PM
Approved By
Name: WrigbtJeff
Title: Assistant County Attorney,County Attorney
Date: 416120112:08:19 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/6/2011 3:38:22 PM
Name: OcbsLeo
Title: County Manager
Date: 416/2011 3 :53:49 PM
Packet Page -2218,
4/12/2011 Item 16.F.4.
IN RE: OIL SPILL by "Deepwater Horizon"
LOCAL GOVERNMENT ENTITY SHORT FORM (VOLUNTARY) 1
Authorized by Order of the Court, Civil Action No.1 O-md-2179 Rec. Doc. 1549
(Copies of said Order having also been filed in Civil Actions NO.1 O-gggg and 10-2771)
By submitting this document, the governmental entity identified below is asserting a claim in Complaint and
Petition of Triton Asset Leasing GmbH, et a/., No. 10-2771; adopts and incorporates the Master Answer [Rec.
Doc. 235] to the Complaint and Petition of Triton Asset Leasing Gmbh, et a/., in No. 10.2771; and intervenes into,
joins and otherwise adopts the Local Government Entity Master Complaint [Rec. Doc. 1510] filed in MOL No.
2179 (10-md-2179).
GOVERNMENTAL BODY OR ENTITY
State
Board of County Commissioners
Collier County
Florida
3299 Tamiami Trail East
: Naples, Florida 34104
Body/Entity
County/Parish
Primary Physical Address
City/State/Zip
PRIMARY OFFICER, ATTORNEY, OR
OTHER CoNTACT.
Name Jeff Wright, Assistant County Attorney
Address 3299 Tamiami Trail East
City/State/Zip Naples/FL/34112
State / Bar No. (if attomey) 20203 (Florida)
. Phone (239) 252-8400
: E.Mail Address jeffwright@colliergov.net
I Claim Filed with BP?
Claim No.
! Claim Type (Please check all that apply):
YES 0
NO III
[2] Loss of Tax Revenue /Income / Use
o Damage, Destruction, or Diminution in Value of Property
o Response, Removal, Clean-Up, Restoration and/or Remediation Costs
o Civil or Criminal Penalties
o Punitive Damages
o Other Damages or Loss
1 This form should be filed with the U.S. District Court for the Eastern District of Louisiana, 500 Poydras Street, New Orleans, Louisiana 70130, in
Civil Action No. 10-9999. While this Local Government Entity Short Form is to be filed in CA No. 10-9999, by prior order of the Court, (Rec. Doc.
253, CA. No. 10~2771 and Rec. Doc. 1510 in MOL 2179), the filing ofthis form in CA. No. 10-9999 shall be deemed to be simultaneously filed in C.A.
10-2771 and MDl2179.
The filing of this Direct FlUng Short Form shall also selVe in lieu of the requirement of a Plaintm Profile Form.
Packet Page -2219-
4/12/2011 Item 16.FA.
Brief Description:
1. For loss of tax revenue, loss of income, or loss of use claims, please describe the type
of revenue, income or use you claim was lost, e.g., sales tax revenue, nature of the
loss, and the time period over which the claimed loss occurred.
Loss of tourist development tax revenue in the approximate amount of $450,000, for the period
July through September 2010.
1-----
1--"""--""---"'-""-"'"'''' .
2. For damage, destruction or diminution in the value of property, please describe the
location of the property or properties affected, your ownership interest in each
properly, and the type of damage you allege, including whether oil or dispersants
touched the property.
3. For claims for civil or criminal penalties, please provide the statutory (or other)
authority and briefly describe the factual basis for such claims.
. .......,..,..-..,-----.....-..-,---....-.... I
Signature of Authorized Attorney, Official or other Representative
Jack Wert, Director, Collier County Tourism Department
Printed Name
Date
2
The filing of this Direct Filing Short Form shall also serve in lieu of the requirement of 8 Pla;ntiff Profile Form.
Packet Page -2220-