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County Administrator's Report 13. 33.
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| BCC Regular Meeting |
Budget & Finance Consent |
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| RECOMMENDATION: |
Recommendation Concerning the BP Promotional Fund Grant Agreement Relating to the Gulf Tourism and Seafood Promotional Fund - Keith Wilkins, Community & Environment Department Director
That the Board take the following action concerning the BP Promotional Fund Grant Agreement (Cost Center and Fund Account to be established by the Office of Management and Budget):
A. Accept the BP Promotional Fund Grant Award, in the amount of $171,150, and the Gulf Tourism and Seafood Promotion Fund Announcement and Application Narrative detailing the utilization of Grant funds for the period September 2, 2013, to December 31, 2014, for the Naturally EscaRosa Trail Project;
B. Approve entering into the BP Promotional Fund Grant Agreement with Patrick Juneau, as Trustee and Claims Administrator of the Court Supervised Settlement Program, relating to the Gulf Tourism and Seafood Promotional Fund for the purpose of the University of Florida IFAS (Institute of Food and Agricultural Sciences) Extension to expand the promotion of the Naturally EscaRosa Trail;
C. Authorize the Chairman to sign the BP Promotional Fund Grant Agreement; and
D. Authorize the Interim County Administrator, or his designee, to sign any documents relating to the implementation of the BP Promotional Fund Grant.
[There is no budgetary commitment on behalf of the County. The Grant amount awarded is $171,150 for the period September 2, 2013, through December 31, 2014. Of the Grant award, $136,920 will be paid after signing and processing of the Agreement, and $34,230 upon receipt and approval of the final report and submission of all of the deliverables. Department staff to coordinate with the Office of Management and Budget to establish a Cost Center and Fund Account relating to the Grant] |
| BACKGROUND: |
On April 20, 2010, an explosion and sinking of the Deepwater Horizon oil rig occurred resulting in what is considered the largest accidental marine oil spill in the history of the petroleum industry. The spill had a strong economic impact to the Gulf Coast’s economy to include fishing and tourism.
On June 26, 2010, BP announced and established the Gulf Coast Claims Facility (GCCF), a $20 billion fund to settle claims arising from the Deepwater Horizon casualty. The fund was to be used for natural resource damages, state and local response costs, and individual compensation but could not be used for fines or penalties. The GCCF was administrated by attorney Kenneth Feinberg. On March 8, 2012, after BP and a team of plaintiffs’ attorneys agreed to a class-action settlement, a court-supervised administrator, Patrick Juneau, took over administration.
As part of the Settlement Agreement, a $57 million Gulf Tourism and Seafood Promotional Fund was established to promote tourism and the seafood industries in areas along the Gulf Coast impacted by the Deepwater Horizon Incident. In 2012, the first round of grants were awarded. The amount available for allocation in the final round of promotional grants was $12,764,370. The grant award of $171,150 to UF/IFAS Extension Escambia County is part of that allocation and will be used to further develop the original “Naturally EscaRosa” trail project by expanding and updating the Naturally EscaRosa website and brochure; printing and redistributing brochures; designing promotional banners and billboards, developing a smartphone “app” to put the map and contact information at the fingertips of visitors; and planning and conducting a 2.5-day Gulf Coast Ecotourism Conference.
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| BUDGETARY IMPACT: |
There is no budgetary commitment on behalf of the County. The Grant amount awarded is $171,150 for the period September 2, 2013, through December 31, 2014. Of the Grant award, $136,920 will be paid after signing and processing of the Agreement, and $34,230 upon receipt and approval of the final report and submission of all of the deliverables. Department staff to coordinate with the Office of Management and Budget to establish a Cost Center and Fund Account relating to the Grant.
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| LEGAL CONSIDERATIONS/SIGN-OFF: |
The Promotional Fund Grant Agreement was reviewed by Kristin Hual of the County Attorney’s Office and approved as to form and legal sufficiency. Per paragraph 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.
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| PERSONNEL: |
No impact to personnel in terms of monetary commitment from the County.
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| POLICY/REQUIREMENT FOR BOARD ACTION: |
Board Policy Section II.A.6. requires approval of grants.
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| IMPLEMENTATION/COORDINATION: |
The UF/IFAS Extension Escambia County Office will forward the Promotional Fund Grant Agreement to the Project Coordinator of the Deepwater Horizon Claims Center. UF/IFAS Extension will be responsible for coordinating efforts to implement the terms of the Grant Agreement.
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