HomeMy WebLinkAboutMINUTES - 12031996 - C53 TO: BOARD OF SUPERVISORS -' - • Contra
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FROM: William Walker, M.D. STq..---.o„ Y
Health Services Director
DATE: November 18, 1996
SUBJECT: Contract Between the County and Unocal to Reimburse the County for Time
Spent on the Safety Audit of the Unocal San Francisco Refinery in Rodeo
RECOMMENDATION:
APPROVE and AUTHORIZE the Health Services Director to sign the attached contract between
Unocal and the County of Contra Costa to cover the County's costs arising from the County's
involvement in the safety audit of Unocal's refinery in Rodeo.
BACKGROUND:
On July 11, 1995, in response to a series of incidents which had occurred at the Unocal Refinery
in 1994 and 1995, the Board of Supervisors directed the staff to undertake a Safety Audit of the
Unocal Refinery located in Rodeo. The Board approved the Audit Scope of Work and the
contract between the County and Unocal for conducting the audit on February 6, 1996 and for the
Health Services Director to send out a Request for Proposals (RFP) for contractors interested in
conducting the Safety Audit. The Safety Audit Agreement requires Unocal to pay for the audit
itself; Unocal also has agreed to reimburse the County for County staff participation in the audit.
The Board appointed the Audit Monitors Group, which included four community representatives
from Rodeo, Tormey or Crockett; an Oil Chemical and Atomic Workers International Union
representative and Supervisors Smith and Rogers or their representatives on June 18, 1996. The
Board approved EQE International to serve as consultant to the third party safety audit on July
23, 1996. EQE International performed the audit at the Unocal Refinery between September 9
and September 30, 1996 and presented the final report to the Audit Monitors Group on October
3, 1996. The Board accepted the final report of the safety audit on October 22, 1996.
CONTINUED ON ATTACHMENT: YES NO XX SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
CT�TTATT TRF •
ACTION OF BOARD ON On 03 in APPROVED AS RECOMMENDED/, OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT-----) I HEREBY CERTIFY THAT THIS IS A TRUE AND
AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: _ ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact person:Randy Sawyer 646-2286 ATTESTED OR
cc: Health Services Director PHIL BATCHELOR,CLERK OF THE BOARD OF
Hazardous Materials(via HSD) SUPERVISORS AND COUNTY ADMINISTRATOR
Community Development
County Counsel 1
BYC-8--S�EPUTY
REIMBURSEMENT AGREEMENT
1. Parties. The parties to this Reimbursement Agreement ("Agreement") are the Union Oil
Company of California("Unocal"), a California Corporation, and the County of Contra Costa, a
political subdivision of the State of California("County"). Collectively, Unocal and the County
shall be referred to as the "Parties."
2. Recitals.
(a) On April 18, 1996, the Parties entered into the Safety Program Audit Agreement (the
"Audit Agreement"), by which the Parties agreed to a safety audit of Unocal's oil refinery located
in Rodeo, California.
(b) The Parties wish to set forth their respective obligations regarding costs arising from
the County's involvement in the safety audit.
3. Unocal's Obligations.
(a) Unocal shall reimburse the County for all the County's costs incurred in administering
the safety audit pursuant to the Audit Agreement. Unocal shall make such reimbursements within
45 days of receipt of a County invoice.
(b) County costs to be reimbursed under this Agreement shall include time spent by
County staff members in all County departments involved in drafting and negotiating the Audit
Agreement and in carrying out the County's obligations under the Audit Agreement, including but
not limited to soliciting bids for an audit contractor, selecting an audit contractor, drafting and
processing a contract with the audit contractor, monitoring the performance of the safety audit,
preparing reports, and attending meetings.
(c) County costs to be reimbursed under this Agreement shall include all expenses
incurred by the County or by County staff members described in subsection(a), above, in
connection with the activities set forth therein.
(d) The County departments involved in the safety audit shall include but not be limited to
the County Administrator's Office, the Community Development Department, the County
Counsel's Office, the Health Services Department, and the County Supervisors acting as monitors
under the Audit Agreement.
(e) The Parties agree that County costs for staff time and expenses incurred in drafting and
negotiating the Audit Agreement total $52,695.00. The Parties anticipate, subject to submission
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of verified invoices, that the additional County costs for staff time and expenses incurred in
connection with the performance of the safety audit will total approximately $16,000.00.
4. County's Obligations.
(a)Each involved County department or official shall submit, as appropriate, its statement
of charges to the Health Services Department for verification and assembling.
(b) Upon assembling such statements and verifying the appropriateness of such charges,
the Health Services Department shall forward the statements, or a consolidated invoice, to Unocal
for payment.
5. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with
respect to the subject matter of the Agreement, and there are no oral or written understandings,
representations or commitments of any kind, express or implied, and all prior or contemporaneous
oral or written understandings are either incorporated in this Agreement or are superseded. No
modification of this Agreement, or waiver of any of its provisions, by any officer, agent or
employee of a party, either before or after execution of this Agreement, shall be of any force or
effect unless such modification or waiver is in writing, is expressly stated to be a modification of
this Agreement or a waiver of a specified provision, and is signed by duly authorized
representatives of both parties. Either Party's waiver of any breach or its failure to enforce any of
the terms, covenants, conditions or other provisions of this Agreement, at any time, shall not in
any way affect, limit, modify, or waive that Party's right thereafter to enforce or compel strict
compliance with every term, covenant, conditions or other provision of this Agreement, any
course of dealing or custom of the trade notwithstanding.
6. No Third Party Beneficiary. The terms of this Agreement shall not be deemed to
confer any rights or benefits, as a third party beneficiary or otherwise, upon any person or entity
other than the County and Unocal.
7. Execution. This Agreement may be signed in counterparts, which together shall
constitute one original.
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8. Effective Date. The effective date of this Agreement is , 1996.
UNION /.ANY Z5 A
Dated: �v Z , 1996 By:
Its:
COUNTY OF CONTRA COSTA
Dated: , 1996 By:
Its:
APPROVED AS TO FORM:
VICTOR J. WESTMAN
By:
Silvano B. Marc esi
Assistant County Counsel
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