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County Administrator's Report 11. 14.
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| BCC Regular Meeting |
Budget & Finance Consent |
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| RECOMMENDATION: |
Recommendation Concerning the Supplemental Promotional Fund Grant Agreement with Patrick Juneau Relating to the Naturally EscaRosa Trail Project (BP) - Keith T. Wilkins, Director, Department of Natural Resources Management
That the Board take the following action concerning the Supplemental Promotional Fund Grant Agreement with Patrick Juneau, as Trustee of the Settlement Trust and as Claims Administrator of the Court Supervised Settlement Program:
A. Accept and approve the Supplemental Promotional Fund Grant Agreement with Patrick Juneau, as Trustee of the Settlement and as Claims Administrator of the Court Supervised Settlement Program, in the amount of $12,880, which is restricted in use for advertising and collateral materials relating to the Naturally EscaRosa Project (BP). The funds are being awarded for the period of August 1, 2015, to July 31, 2016; and
B. Authorize the Chairman to sign the Supplemental Promotional Fund Grant Agreement, and any documents related to the acceptance, execution, reporting, and Amendments to the Grant Agreement, pending Legal review and approval, without further action of the Board.
Please note in the Agreement, 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." In addition, per the first sentence of paragraph 9.10 (Governing Law; Severability.), "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."
[There is no budgetary commitment on behalf of the County. The Cost Center (221202) and Fund Account (110) were previously established upon receipt of the original BP Gulf Tourism and Seafood Promotional Fund 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 original 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 original grant award of $171,150 to UF/IFAS Extension Escambia County was part of that allocation and was 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. The original grant award had a deadline date of December 31, 2014, by which date all funds had to be expended. On March 3, 2015, the Board of County Commissioners approved an Amendment to the original Grant Agreement which extended the deadline to December 31, 2015.
The third Supplemental Grant Award in the amount of $12,880.00 will be used for further advertising and promotional printed materials and video production. All funds for the Supplemental Promotional Fund Grant Award must be expended by July 31, 2016. |
| BUDGETARY IMPACT: |
| There is no budgetary commitment on behalf of the County. The Supplemental Grant amount is $12,880.00 for the period of August 1, 2015, through July 31, 2016. Funds must be used during this time frame. Of the Supplemental Grant Award, 50% of the funds will be released after signing and processing of the Supplemental Promotional Fund Grant Agreement. Upon submission of all deliverables, the balance of the funds will be released and the project will be closed out. The Cost Center (221202) and Fund Account (110) were previously established upon receipt of the original Gulf Tourism and Seafood Promotional Fund Grant. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
The Supplemental 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. 9.10-Governing law provides that the Agreement shall be governed by the laws of Louisiana. |
| PERSONNEL: |
| No impact to personnel in terms of monetary commitment from the County. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| Board Policy Section II.A.6. requires approval of grants. |
| IMPLEMENTATION/COORDINATION: |
| The UF/IFAS Extension Escambia County Office will forward the Supplemental 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 Supplemental Promotional Fund Grant Agreement. |
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