Backup Documents 04/09/2013 Item #16A16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A �/HE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT o
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney 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#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the 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
1. Colleen M. Greene, Assistant County County Attorney Office CMG
Attorney S $ V
2. . BCC Office Board of County C H SI/7//3
Commissioners bit L /C%
3. Minutes and Records Clerk of Court's Office em sin 113
4 Return to Coastal Zone Mgt. Dept. Coastal Zone Mgt.
contact: Chris D'Arco
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'Arc /Coastal Zone Mgt. Phone Number 252-2980
Contact/ Department
Agenda Date Item was 04/09/13 . Agenda Item Number 16A16
Approved by the BCC `
Type of Document Promotional Fund Grant Agreement Number of Original 2
Attached Documents Attached
PO number or account N/A Solicitation/Contract N/A
number if document is Number and Vendor
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? CMG
2. Does the document need to be sent to another agency for additional signatures? If yes, CMG
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 CMG
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 N/A
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 CMG
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 CMG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 T4�lahassee within a certain
time frame or the BCC's actions are nullified. Be aware of y deadlines!
8. The document was approved by the BCC on 04/09/13 ;;,,// and all changes made SRT
during the 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 SRT
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature. ff
10 Return document to Chris D'Arco to forward to Nick Gagliano of Deepwater Horizon Claim`r
Center with documents listed on attached letter received by Coastal Zone Management on
11.27.12.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revis• !",Revised 11/30/12
16A16
MEMORANDUM
Date: May 22, 2013
To: Chris D'Arco, Senior Environmental Specialist
Coastal Zone Management
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: A Promotional Grant Agreement funded through the
Deepwater Horizon Settlement with proceeds used for
the County's artificial reef construction project
Attached for further processing are two (2) original copies of the agreement
referenced above, (#16A16) approved by the Board of County Commissioners on
Tuesday, April 9, 2013.
If possible, after the agreement(s) have been signed by the appropriate parties
please return a fully executed copy of the agreement to the Board's Minutes and
Records Department, serving as Clerk to the Board, for the Official Record.
If you have any questions, please call me at 252-8406.
Thank you.
Attachments (2)
16A1 (Tj,clt
DEEPWATER HORIZON
CLAIMS CENTER , a ; Patrick A.Juneau
ECONOMIC&PROPERTY DAMAGE CLAIMS Claims Administrator
NVV2i 2012
• ,,AL,
Cif
Dear Grant Recipient:
Congratulations on your Promotional Tourism Grant and we look forward to many positive
results as you put these funds into the promotion of your organization and the Gulf Coast.
In this packet, you will find your contract, a W-9 Form,a contact information sheet, a quarterly
report, a final report and a self-addressed return envelope.
The procedures will be as follows:
t/1,, Review and complete contract and sign at the appropriate place4
vi Complete the W-9 Form
\-.3 Complete the Contact Information Sheet
/4. Return all of the signed documents in the enclosed envelope.
Upon receipt of your documents, we will process the initial payment.
As part of the agreement, we will require a quarterly progress report and a final report. These
have been included in your packet for your convenience.
The quarterly reports will be due January 31, 2013; April 30,2013;July 31,2013 and the final
report due November 30, 2013, along with all of the deliverables as outlined in Schedule 1 of
your contract.
The distributions have been set to be funded at 25%initially and 25%after the quarter reports.
However, if your project is completed during the course of the year,please send a final report
and submit all of the deliverables as outlined in Schedule 1 of your contract and we will fund the
remaining balance.
If you have any questions or need further information,please email Nick Gagliano at
ngagliano@dheclaims.com
Ag in,congr. r11 ations and we look forward to your success.
/'/ f
ick Ga i, •
Project Co•t•inator
935 Gravier St., Suite 1905 I New Orleans,LA 70112 I TEL 504.934.4999 I FAX 504.934.4998
www.deepwaterhorizonacc^.or;;csettlement.com
16A16
DEEPWATER HORIZON
CLAIMS CENTER Patrick A.Juneau
ECONOMIC&PROPERTY DAMAGE CLAIMS Claims Administrator
November 12,2012
Clint Perryman
Collier County
2800 North Horseshoe Drive
Naples, FL 34104
■ Dear Clint Perryman:
On behalf of the Deepwater Horizon Economic Claims Administration,BP and the Plaintiff
Steering Committee,I am pleased to announce your organization has been awarded a grant from
the Gulf Tourism and Seafood Promotional Fund.
The$500,000 grant must be used as outlined in your project and budget narrative you provided
in your grant application.
A member of our Promotional Fund Administrative Team will be contacting you shortly with
documents,contracts and a list of deliverables that must be provided. We will also contact you
regarding how the funds will be distributed.
Again,congratulations and we look forward to helping your organization successfully promote
tourism and seafood along the Gulf Coast.
In the meantime, if you have any questions,please contact Nick Gagliano at
ngagliano @dheclaims.com
aigrely
Deepwate Horizon . s Administrator
935 Gravier St.,Suite 1905 I New Orleans, LA 70112 I TEL 504.934.4999 I FAX 504.934.4998
www.deepwaterhorizone.ocriormi settlement.com
Attachment A 1 6 A 16 .
PROMOTIONAL FUND GRANT AGREEMENT
This Promotional Fund Grant Agreement(this"Agreement") is entered into by C` II 1e r
("Grantee"),with offices at .ii E.%m .n;'7r• tinl les Ft. "11&; 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 I, 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 1.468E-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
LL 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 1 1 6
6 A 1:
AGREEMENT
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.
1.4 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 Deepwater 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 I, 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
16A16
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 1,
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
3
100194230-1)
Attachment A 16 A 16 1
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: (i) 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(cX3) and 509(aXI), (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.
4
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Attachment A 16 A 16
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:
5
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Attachment A 16 A 16
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: mjj(adheclaims.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 @.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.PAGE FOLLOWS]
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Attachment A 1 6 A 16
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.
Settlement Trust Grantee:
By:
Signature Signature .t, V
Patrick Juneau Georgi. A. Hiller, Esq.
Printed Name Printed Name
Trustee Chairwoman, Board of County
Printed Title Printed Title Commissioners, Cnlli er County
L Ici I13
Date Date
•'rived as to form&legal sufficiency
4,000
Claims Administrator
` Colleen sane,
By: Assistant County Attorney
Signature
ATTEST: q.c ;,•
Patrick Juneau DWIGHT E. ► 4:
Printed Name
O' - -'
Claims Administrator , � '`,;>;.^.
Printed Title �`
Attest as t�;F airman's s;
signature oq.:�:
Date
Item# lePap
Agenda 6X13
Date _...--�--
Date 6_1133 Recd
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100194230-I}
Attachment A 1 6 A 16
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Attachment A 16 A 16
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.
I. 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
I. 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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