Item S14BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 7/15/02015 (KW) Department: Counly Attorney's Office
Bulk Item: Yes No X Staff Contact /Phone #: Bob Shillinger, 305-292-3470
Cynthia Hall, 305-292-3470
AGENDA ITEM WORDING: Approval of resolution accepting a full and final settlement of all
claims against BP and others resulting from the Deepwater Horizon Spill, authorizing the execution
and delivery of a general release and other necessary documents, and providing an immediately
effective date, in the case In re Oil Spill ("Deepwater Horizon'), Case No. MDL 2179 (Eastern
District Louisiana).
ITEM BACKGROUND: In January 2013, Monroe County, through retained counsel, filed a claim
against BP and other entities in the Deepwater Horizon case. On July 2, 2015, BP and the Plaintiffs'
Steering Committee jointly announced that ongoing discussions had yielded an agreement in principle
to resolve the claims against BP, related companies and other defendants that had been filed by the
federal government; the states of Texas, Louisiana, Mississippi, Alabama, and Florida; and certain
local governments, including Monroe County. Under the overall terms of the settlement, as announced
in the media on July 2, 2015, BP will pay a total of $18.73 billion to settle the claims, including $1
billion cumulatively to settle the claims of the local governments in the affected states.
The release covers all claims arising out of Deepwater Horizon against BP and other entities with the
exception of certain defendants including Halliburton and Transocean. Pursuant to the terms of a
court -issued confidentiality order, the specific dollar amount proposed to be paid to Monroe County
cannot be released until the BOCC meeting.
This settlement would result in a payment to the County that is in addition to funds that the County will
receive under the RESTORE Act.
PREVIOUS RELEVANT BOCC ACTION: In December 2012, the BOCC approved an agreement
between the County and a consortium of law firms, including Campbell & Malafy, and authorized the
firm to file the claim on behalf of Monroe County. The law firms will receive 18% of the net
settlement amount after costs are deducted.
CONTRACT/AGREEMENT CHANGES: Not applicable.
W 31 114 pla y M MIKII N F016ACAN 1W MIRW DI 114 041741
11.101194DIN
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X.— No — AMOUNT PER MONTH Year
APPROVED BY: County Attorney OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 6/15
AGENDA ITEM #
RESOLUTION -2015
" 1 1 rf I .I i
STATE OF FLORIDA ACCEPTING A FULL AND
FINAL SETTLEMENT OF ALL CLAIMS AGAINST "
1, OTHERS RESULTING FROM THE DEEPWATER
NECESSARYHORIZON OIL SPILL, AUTHORIZING THE EXECUTION
AND DELIVERY OF A GENERAL RELEASE AND OTHER
DOCUMENTS AND PROVIDING
IMMEDIATELY DATE.
BE IT RESOLVED by the Monroe County (government entity) in the State of
Florida that the County (government entity) herby accepts BP's offer to pay the
amount of $ for the County's (government entity's) economic losses
and as full and final settlement of all claims against BP and others resulting from the Deepwater
Horizon Oil Spill; and
BE IT FURTHER RESOLVED that the Mayor (authorized government
official or designee) is authorized and directed to execute and deliver to BP a general release, in
the form attached hereto (the "Release"), of all damages resulting from or associated with the
Deepwater Horizon Oil Spill, in favor of BP and all entities associated with that incident as listed
in the attached Release, which form and substance are hereby approved; and
BE IT FURTHER RESOLVED that the execution of the Release shall be deemed
conclusive evidence of the approval and acceptance of the Release.
THIS RESOLUTION shall take effect immediately upon its execution.
RESOLVED, PASSED, APPROVED AND ADOPTED this ® day of July, 2015.
ATTEST: Amy Heavilin, Clerk
By:
Deputy Clerk
(GOVERNMENTAL ENTITY NAME)
Monroe County, Florida
By: Danny Kolhage
Its Mayor
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ASSIST COUNTY ..
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