Agenda 03/24/2015 Item #16A19 3/24/2015 16.A.19.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to the Promotional Fund Grant Award Agreement,
modifying the completion date to October 31, 2015 for the County's construction of artificial reefs
and authorize the Chairman to sign the amended Agreement.
OBJECTIVE: To approve an amendment to the Promotional Fund Grant Award Agreement to
modify the completion date to October 31, 2015.
CONSIDERATIONS: On April 9, 2013, Agenda Item 16A16, the Board of County
Commissioners ("BCC") approved the Promotional Fund Grant Award Agreement to expand
and improve Collier County's artificial reef program. The agreement is funded with $500,000
from the "Deepwater Horizon" settlement. On May 13, 2014, Agenda Item 16A16, the BCC
approved modifications to the original Agreement as requested by staff. One of those
modifications was an extension to March 31, 2015 as the completion date for the grant project.
Collier County has commenced the artificial reef deployments associated with the grant project
beginning in March, 2015. However additional time will be required to complete the minimum
amount of 6000 tons of artificial reef material as stated in the grant Agreement(Attachment A).
Collier County has requested and received approval from BP Exploration & Production, Inc. to
extend the completion date for the project until October 31, 2015 (Attachment B).
FISCAL IMPACT: The completion date extension will have no fiscal impact. The project's
scope of work will be completed and will not exceed the $500,000 grant budget.
GROWTH MANAGEMENT IMPACT: This grant is supportive of Coastal and Conservation
Element Objective 7.4 which states that the County shall continue to improve marine fisheries
productivity by building additional artificial reefs.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a
majority vote for Board approval. —JAB
RECOMMENDATION: That the Board of County Commissioners approves an amendment to
the Promotional Fund Grant Award Agreement, modifying the completion date to October 31,
2015 for the County's construction of artificial reefs and authorizes the Chairman to sign the
amended Agreement.
Prepared By: Chris D'Arco, Senior Environmental Specialist, Coastal Zone Management,
Natural Resources Division, Growth Management Department
Attachments: A) 12/1/2012 Grant Agreement, B) 5/13/2014 Amendment; C) Time Extension E-
Mail Approval; D) Second Amendment
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3/24/2015 16.A.19.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.19.
Item Summary: Recommendation to approve an amendment to the Promotional Fund
Grant Award Agreement, modifying the completion date to October 31, 2015 for the County's
construction of artificial reefs and authorize the Chairman to sign the amended Agreement.
Meeting Date: 3/24/2015
Prepared By
Name: HambrightGail
Title:Accountant, Coastal Zone Management
3/4/2015 2:51:58 PM
Submitted by
Title: Accountant, Coastal Zone Management
Name: HambrightGail
3/4/2015 2:51:59 PM
Approved By
Name: BrilhartBrenda
Title: Procurement Specialist,Purchasing&General Services
Date: 3/5/2015 8:49:01 AM
Name: Tara Castillo
Title: Management/Budget Analyst, Road Maintenance
Date: 3/5/2015 9:20:54 AM
Name: Tara Castillo
Title: Management/Budget Analyst, Road Maintenance
Date: 3/5/2015 9:21:07 AM
Name: MarkiewiczJoanne
Title: Division Director-Purchasing&Gen Svc, Purchasing&General Services
Date: 3/9/2015 7:15:29 AM
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3/24/2015 16.A.19.
Name: McAlpinGary
Title: Manager-Coastal Management Programs, Coastal Zone Management
Date: 3/9/2015 2:02:11 PM
Name: PattersonAmy
Title: Manager-Impact Fees &EDC,Business Management&Budget Office
Date: 3/9/2015 3:43:31 PM
Name: JohnsonScott
Title: Manager-Procurement, Purchasing& General Services
Date: 3/10/2015 8:22:14 AM
Name: PuigJudy
Title: Operations Analyst, Community Development &Environmental Services
Date: 3/10/2015 10:13:04 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/11/2015 2:11:27 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 3/12/2015 9:36:13 AM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 3/13/2015 11:11:34 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/13/2015 1:03:57 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 3/13/2015 3:48:09 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/13/2015 4:13:42 PM
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DEEPWATER HORIZON
CLAIMS CE \TER Patrick A.Juneau
ECONOMIC&PROPERTY DAMAGE CLAIMS Claims Administrator
June 6, 2013
Chris D'Arco
Board of Collier County Commissioners
Natural Resource Department, GMD
2800 N. Horseshoe Drive
Naples, FL 34104
Dear Chris,
Attached you will find the executed contract for the Gulf Seafood and Tourism Promotional Fund as per
your request.
Your check is being processed and you should receive it in the next seven to ten days.As per the
agreement,you will receive 25%of the$500,000. Collier County will receive the next 25%after the next
gLiarterly report
The next quarterly report will be due on August 31, 2013.
If you have any questions or need additional information, please feel free to contact me at
985.507.7457.
fir0e;fieL,
Nick Ga i,;no
Promoti al Fund Coordinator
935 Gravier St., Suite 1905 I New Orleans, LA 70112 I TEL 504.934.4999 I FAX 504.934.4998
www.deepwaterhorizonr settlement.com
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Attachment A o
,,i: ,-,(1, ': - ' ''
0 I
PROMOTIONAL FUND GRANT AGREEMENT k
This Promotional Fund Grant Agreement(this"Agreement") is entered into by C v II e r .`"--"
("Grantee"),with offices at.g,'i .. 17-4146—nn Tr° 14=e 1es Fora.; Patrick Juneau, as
Trustee(the "Trustee") of the Settlement Trust as further defined below (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, BP Exploration, a Delaware corporation and certain of its affiliates(collectively`BP")have
been named as defendants in In re Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico,
on April 20, 2010, MDL No.2179(the"MDL Litigation");
WHEREAS, BP and the Economic Class Representatives, individually and on behalf of the Economic
and Property Damages Settlement Class, by and through Lead Class Counsel entered into an Economic
and Property Damages Settlement Agreement ("Settlement Agreement") dated April 18, 2012, and
amended May 1, 2012, for the purpose of settling all Released Claims against the Released Parties,
including BP;
WHEREAS, the United States District Court of the Eastern District of Louisiana (the "Court") has
preliminarily approved the Settlement Agreement by Order dated May 2, 2012 (the "Preliminary
Approval Order,"as further defined below);
WHEREAS, on May 4, 2012, BP, Lead Class Counsel, the Trustee and J.P. Morgan Trust Company(the
"Directed Trustee") entered into the Deepwater Horizon Economic and Property Damages Trust
Agreement(the"Trust Agreement")creating the Settlement Trust;
WHEREAS, the Settlement Trust is intended to meet the requirements of a qualified settlement fund
within the meaning of section 468B of the Internal Revenue Code of 1986, as amended from time to time,
and section 1.468B-1(c)of the Treasury Regulations promulgated thereunder;
WHEREAS, the Settlement Trust's purpose is to establish a mechanism to pay Settlement Payments (as
defined in the Settlement Agreement) and the costs of administering the Settlement Program (as defined
in the Settlement Agreement) in accordance with the terms of the Settlement Agreement and the Trust
Agreement.
WHEREAS, the Trustee has the power, pursuant and subject to the terms of the Settlement Agreement
and the Trust Agreement,to make distributions from the funds held by the Settlement Trust subject to the
terms and conditions thereof;and
WHEREAS, Grantee desires to obtain funds for promotional services as described on attached Schedule
''1'';
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged,the Parties agree to the terms and conditions set forth herein.
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Attachment A
AGREEMENT
1. Definitions.
The following words and phrases have the meanings indicated. Other words and phrases appearing in
capital letters throughout this Agreement shall have the meanings they are given with their first operative
use. Terms not otherwise defined herein shall have the same meanings ascribed to them in the Settlement
Agreement and/or the Trust Agreement.
1.1 Applicable Law: means all applicable local, state and federal laws, rules and
regulations.
1.2 Claims Administrator: has the meaning ascribed to it in the Settlement Agreement.
1.3 Individual: means a natural person.
►.4 Lead Class Counsel: means the lawyers appointed by the Court to represent the Class
of Claimants.
1.5 Settlement Trust: means the qualified settlement trust fund established pursuant to that
certain De Ywater Horizon Economic and Property Damages Trust Agreement, dated
May 4, 2012, among BP, Lead Class Counsel, the Claims Administrator, and the
Directed Trustee.
1.6 Parties: means the Settlement Trust, the Claims Administrator, Grantee, BP and Lead
Class Counsel. BP and Lead Class Counsel are only made Parties to this Agreement
for the purposes of taking cognizance and approving the terms of this Agreement.
1.7 Preliminary Approval Order: means the Order entered by the Court on May 2, 2012
granting preliminary approval of the Settlement Agreement.
2. Scope of Services.
2.1 Services. The general scope of the services to be furnished by Grantee shall be those
described on attached Schedule"1".
2.2 The Services shall be provided in strict accordance with the terms of the Settlement
Agreement, the Preliminary Approval Order, a final approval order (if one is entered)
and in compliance with Applicable Law.
3. Grant Award.
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, 2012 to
November 30, 2013.The Grant shall be payable as follows:
$125,000.00 after signing and processing the contract.
$125,000.00 upon receipt and approval of the first quarter report.
$125,000.00 upon receipt of the second and third quarter reports.
$125,000.00 upon receipt and approval of the final report and submission of all deliverables as
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Attachment A
outlined in Schedule 1.
3.2 Documentation. Grantee shall submit to the Claims Administrator all documentation as
further described in Paragraph 3.3 within ten (10) days before the beginning of each
calendar quarter, or more frequently as the Claims Administrator may require. The
Claims Administrator shall review Grantee's documentation and if acceptable,
authorize the next Grant payment. In the event that any documentation is deemed not
acceptable by the Claims Administrator, Grantee shall be notified in writing of such
deficiencies within ten(10)days of submission of the documentation.
3.3 Reporting. Grantee will provide reports to the Claims Administrator at least quarterly,
within ten (10) days before the beginning of each quarter, or more often as the Claims
Administrator may require, in which it will report, for the preceding quarter the
following: a updated list of services and deliverables as outlined on Schedule 1. The
Claims Administrator may distribute such reports as it deems appropriate. In addition,
Grantee may be required to provide additional reports as may further be defined by the
Claims Administrator in writing.
3.4 Ownership of Documentation. All records, reports, documents and other material
delivered or transmitted to Grantee by the Claims Administrator shall remain the
property of the Claims Administrator, and shall be returned by Grantee to the Claims
Administrator, at Grantee's expense, at termination or expiration of this Agreement. All
records,reports,documents,or other material related to this Agreement and/or obtained
or prepared by Grantee in connection with the performance of the Services contracted
for herein shall become the property of the Claims Administrator, and shall, upon
request, be returned by Grantee to the Claims Administrator, at Grantee's expense, at
termination or expiration of this Agreement.
3.5 Audit Rights. Grantee will provide to the Claims Administrator copies of its audit
reports, if and when requested to do so by the Claims Administrator. In addition, the
Claims Administrator or its authorized representatives may, at any time on reasonable
notice,audit the operation of Grantee in relation to the activities undertaken pursuant to
this Agreement.
3.6 Payment in Full. The Grant payments made hereunder are and shall be deemed to
constitute"payment in full"for any Services performed by Grantee.
4. Term.
4.1 This Agreement is effective as of 12:01 a.m. Eastern Standard Time on December I,
2012 (the "Effective Date") and its term shall end on November 30, 2013 (the
"Expiration Date"), unless terminated on a different date in accordance with Paragraph
4.2 or as otherwise agreed by the Parties.
4.2 Grantee shall be authorized to perform the Services as further defined in Schedule "1"
to this Agreement starting on the Effective Date, through and including the earlier of
the date that: (1) the Court denies the Parties' motion for final approval of the
Settlement Agreement; (2) the reversal on appeal of a Court order granting final
approval of the Settlement Agreement; (3) the Court enters an Order closing the
proposed Court Supervised Settlement Program; (4) Grantee is terminated by the
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Attachment A
Claims Administrator with at least thirty(30)days written notice before the end of any
quarter, which the Claims Administrator shall have the right to do with or without
cause(collectively, "Termination Events"); or(5)the Expiration Date. As used herein,
"cause" shall include, without limitation, the following: (i) the failure of Grantee to
perform the Services in accordance with the requirements of this Agreement, (ii) the
breach by Grantee of any other obligations under this Agreement, which breach is not
cured within ten (10) days of written notice thereof, (iii)the commission of any act or
any omission involving gross negligence, fraud, or other intentional or willful
misconduct by Grantee, and (iv) any other violation of a statute, regulation, order,
decree or court requirement or other Applicable Law by Grantee.
5. [Intentionally Omitted]
6. Representations and Warranties.
Grantee represents, warrants and covenants that: (1) it has the power and authority to enter into this
Agreement and to perform all of its obligations hereunder;(ii)the execution,delivery and performance of
this Agreement does not violate or conflict with any other agreement to which Grantee is a party or by
which it is bound; (iii)Grantee has not previously entered into any agreement that would restrict Grantee
in the performance of the Services; (iv) Grantee shall comply with all Applicable Law in performing its
obligations under this Agreement; (v)Grantee shall use commercially reasonable efforts to verify that
each of its employees performing Services is legally entitled to work in the United States and has all
necessary visas and work permits; (vi) Grantee has the capacity and resources to perform the Services;
(vii) all Services shall be performed by qualified personnel in a timely, professional and workmanlike
manner in accordance with generally accepted industry practices; (viii) Grantee is either a governmental
entity political subdivision of a governmental entity, or is recognized by the Internal Revenue Service
(the "IRS") as a public charitable organization under sections 501(c)(3) and 509(a)(1), (2) or (3) of the
Internal Revenue Code, and will inform the Claims Administrator immediately of any changes in, or IRS
proposed or actual revocation (whether or not appealed)of such tax status; and (ix) all Grant funds shall
be used only for the purposes described herein.
7, [Intentionally Omitted]
8. [Intentionally Omitted]
9. Miscellaneous.
9.1 Subcontracting. Notwithstanding any provision in this Agreement to the contrary,
Grantee shall not subcontract any of its obligations under this Agreement to any third
party unless approved in writing by the Claims Administrator.
9.2 Successors and Assigns. The terms and conditions of this Agreement shall be binding
upon the Parties and inure to the benefit of the Parties and their respective successors
and permitted assigns; provided, however, that, unless otherwise provided in this
Agreement, the obligations of the Parties under this Agreement may not be delegated
nor shall any rights be assigned or transferred, including by merger, reorganization,
change of control, acquisition or sale of all or substantially all of its assets or business
or otherwise (including, without limitation, by operation of law) (collectively a "Sale
Transaction"), by a Party without the other Parties' prior written consent.
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Attachment A
9.3 Compliance with Laws, Grantee and its respective employees and agents shall comply
with all Applicable Law in performance under this Agreement specifically including
but not limited to §768.28,Florida State,Florida's Sovereign Immunity law.
9.4 Tax Responsibility. Grantee shall be responsible for the payment of any taxes that
might be due from or assessed on any of the Grant funds received under this
Agreement.
9.5 Maintenance of Books and Records. In order to implement and effectuate the audit
rights of the Claims Administrator as described in Paragraph 3.5, Grantee shall
maintain its books and records and other documents pertaining to the use and
disposition of the grant funds received and to the Services rendered under this
Agreement,for a period of at least three(3)years after the Termination Date.
9.6 Dispute Resolution. Any and all claims, disputes and controversies arising under or
relating to this Agreement that cannot be resolved by the Parties shall be determined
solely in the Court, under Louisiana law without regard to its conflicts of law
provisions. All Parties waive the right to a jury trial. In the Court's discretion, the
prevailing Party in any dispute arising from this Agreement may be awarded reasonable
attorney's fees.
9.7 Complete Agreement. This Agreement and any exhibits, together with any addenda,
set forth the entire agreement of the Parties with respect to Services hereunder, and any
prior or contemporaneous promises, conditions or understandings are superseded
and/or replaced with this Agreement.
9.8 Modification. No provision of this Agreement may be changed unless the change is set
forth in a written amendment to this Agreement signed by the Parties.
9.9 No Waiver. If a Party waives compliance with any term or condition of this
Agreement, it shall be not deemed a waiver of any other right, nor to permit less than
strict compliance with any term or condition on any future occasion.
9.10 Governing Law; Severability. Except as otherwise provided in Section 9.3, this
Agreement shall be governed by and construed in accordance with the law of the State
of Louisiana without reference to its conflict of laws principles. To the extent that any
provision is found to be unenforceable or invalid, then such provision shall be
ineffective only to the extent of such unenforceability or invalidity, and shall not affect
the enforceability or validity of any other provision of this Agreement.
9.11 Notices. All notices and correspondence required to be given by this Agreement shall
be delivered by hand or certified mail, return receipt requested and postage pre-paid, or
by a nationally recognized courier service, or by facsimile transmission, and be
addressed as follows:
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Attachment A
If to Claims Administrator and/or Settlement Trust:
Patrick Juneau
935 Gravier St.
Suite 1905
New Orleans, LA
Phone: 504-264-9740
Fax: 504-264-9746
Email: mjj0,,dheclaims.com
If to Grantee:
Board of Collier County Commissioners
Natural Resource Department.GMD
2800 N. Horseshoe Drive,Naples,Fl. 34104
Phone: 239.252.2980
Fax: 239.252.2950
Email: Christopherdarco(a,colliergov.net
9.12 Counterparts. This Agreement may be executed in one or more counterparts which
taken together shall constitute one single agreement between the Parties.
9.13 Independent Contractors. Grantee is an independent contractor. No Party to this
Agreement is an agent, representative,joint venturer, or partner of any other Party. No
Party shall have any right, power or authority to enter into any agreement for or on
behalf of, or incur any obligation or liability of, or to otherwise bind, any other Party.
Each Party shall bear its own costs and expenses in performing the Agreement.
Grantee shall be responsible for the payment of all fees, wages and/or salaries payable
to Grantee personnel and for providing Grantee personnel with any fringe benefits to
which they are entitled by reason of being an employee or contractor of Grantee.
Grantee shall comply, at its expense, with all applicable provisions of workers'
compensation laws, unemployment compensation laws, federal social security law, the
Fair Labor Standards Act and all other applicable federal, state and local laws and
regulations relating to terms and conditions of employment required to be fulfilled by
employers. Grantee shall comply with all applicable occupational health and safety
laws, standards and requirements pertaining to the Services, including, but not limited
to, OSHA standards and analogous state standards for work performed under this
Agreement.
/SIGNATURE PAOF FOLLOWS]
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Attachment A
IN WITNESS WHEREOF, the Parties have caused this Agreement which shall be effective on the date
First above-written, to be executed on their behalf by the undersigned duly authorized individuals,
S�,mcnt Trust Grantee:
— AIL / (
i /
• . 1 1■
'gnu ture Signature /`- '
Patrick.luneau Georgia A. Hiller, Esq.
Printed Name Printed Name
Trustee Chairwoman, Board of County
Printed Title Printed Title Commissioners, Cnlli er County
(9/4 /13 41 )3
Date Date
Approved as to form&legal s fftciency
. ;/C`O,,i ? '` ,
CI tim `*dministrator Colleen Greene,
Assistant County Attorney
Signature "
ATTEST:: -:: /� air g
Patrick Juneau DWIGHT ' B OC$, Clete,;`:
Printed Name
4 4,4 ... ow
Claim Administrator ministrator t/ --4 w ,'::11:411'94,1'
Printed Title
_I3_ _____ ___
Date
7
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Attachment A
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Attachment A
Schedule 1
Description of Services
The Collier County Natural Resource Department will construct at least 20 new 400-ton state-of-the-art
artificial reefs.
1. Submit a timeline outlining the tasks involved in the creation of the artificial reefs and the approximate
time each task will take to complete.
2. Provide copies of contracts of those involved in the artificial reef construction project, including the
transport of materials.
3. Submit copies of appropriate permits from the U.S.Army Corps of Engineers and the Department of
Environmental Protection allowing/permitting the project.
4. Provide copies of surveys and monitoring results.
5. Submit photographs of the work as it progresses with brief narratives describing the project events.
5. Provide documentation that the project is completed, such as paid-in-full contractor contracts, reports
or other data furnished by government agencies.
3. Submit copies of news releases distributed regarding the project.
4. Submit copies of articles published regarding the project.
Final Report
1. Submit a final report that provides a synopsis of all of the activities and events as outlined in the
proposal, with narrative and supporting data on the ways these projects met the anticipated outcomes as
listed in the proposal.
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AMENDMENT TO
PROMOTIONAL FUND GRANT AGREEMENT
THIS AMENDMENT TO PROMOTIONAL FUND GRANT AGREEMENT (hereinafter
"Amendment") is entered into this ; ,'day of V) c , 2014, by and between Collier County
("Grantee"); Patrick Juneau, as Trustee (the "Trustee") 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.
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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
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.
Sett{Lilt Trust Grant,; /
•
ININIIMLLNIMN■ Aiwa.
Signat re" i_nature
Patrick Juneau Tom Henning
Printed Name Printed Name
Trustee Chairman
Printed Title Printed Title
CI.'-• Admi istrator:
ATTEST:
Si_•ature - DWIGHT _ Sl< K, L
, . .
Patrick Juneau 'eputy Clerk
Printed Name
Attest as to Chairni n s
Claims Administrator signature only,-
Printed Title
Approved as to form and legality:
By:
Jenni r A. Belp-• id'
Assistant County Attorney 4A2-- 1
Words Underlined are added; Words Stwc-IF—Thro gh are deleted.
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From: DarcoChristooher
To: Nick Gaoliano
Cc: McAlninGary; oherrathKaren; CastilloTara
Subject: RE: Promotional Fund Extension
Date: Wednesday, February 18,2015 3:26:05 PM
Importance: High
Hi Nick,
Thank you.... Oct. 31st 2015 will be plenty of time. We are almost done with completing the City of
Naples reefs and are anticipating starting Collier County's reef deployment by the third week of
March. I will send you a separate e-mail regarding other items/requests pertaining to the grant. I
have copied our finance and grants personnel staff, Karen and Tara, on this e-mail as they track
much of the administrative portions of this grant project.
Regards,
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
From: Nick Gagliano [mailto:ngagliano @dheclaims.com]
Sent: Wednesday, February 18, 2015 3:18 PM
To: DarcoChristopher
Subject: Promotional Fund Extension
Chris,
Good afternoon.
If we extend your promotional fund grant to Oct. 31, 2015, will that help?
Just let me know.
I also heard your phone call. Please email me your request and I will pass it by the review team.
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3/24/2015 16.A.19.
Thanks
Nick
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SECOND AMENDMENT TO
PROMOTIONAL FUND GRANT AGREEMENT
TI-IIS SECOND AMENDMENT TO PROMOTIONAL FUND GRANT AGREEMENT
(hereinafter "Amendment") is entered into this day of , 2015, by and between
Collier County("Grantee"); Patrick Juneau, as Trustee (the "Trustee") of 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, on May 13, 2014, the Board approved Amendment to Promotional Fund
Grant Agreement 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 Board wishes to further amendment the Agreement as set forth below in
order to extend the expiration of the grant award to October 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 March 31, 2015 October 31, 2015. The Grant shall be payable as follows:
3. 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.
Words Underlined are added; Words Struck Through are deleted.
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3/24/2015 16.19.
IN WITNESS WHEREOF, the parties have executed this Second Amendment on the date
set forth above.
Settlement Trust Grantee:
By:
Signature Signature
Patrick Juneau Tim Nance
Printed Name Printed Name
Trustee Chairman
Printed Title Printed Title
Claims Administrator:
By:
Signature
Patrick Juneau
Printed Name
Claims Administrator
Printed Title
Approved as to foam and legality:
By:
Jennifer A. Belpedio
Assistant County Attorney - �
Words Underlined are added; Words taticic Through are deleted.
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