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HomeMy WebLinkAboutChevron Products - 1997-04-07�-4//i ~n , r 4-A- 7- Council/Agency Meeting Held: '] Deferred/Continued to: Ik'Approved Conditionally Approved 0 D nied City Clerk's Sighature Council Meeting Date: 04/07/97 Department ID Number: 97-003 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: MICHAEL T. UBERUAGA, City Adm PREPARED BY: MICHAEL P. DOLDER, Fire Chief MBERS 47� SUBJECT: CRUDE OIL AGREEMENT - CHEVRbN PRODUCTS COMPANY Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City of Huntington Beach enter into a Crude Oil Agreement with Chevron Products Company, a division of Chevron USA Inc. to purchase City produced oil? Funding Source: None. Recommended Action: Motion to approve and authorize the Mayor to sign the Huntington Beach Crude Oil Agreement Chevron Contract No. 97A120474 between the City of Huntington Beach and Chevron Products Company, a division of Chevron USA Inc. Alternative Actions): Do not sign the contract and forfeit $150,000 per year net revenue. There are no other economically available alternate purchasers for City produced oil. Analysis: The City has always used the Miley -Keck Tank Farm as its dehydration facility for City oil production and shipment. Until recently, the Huntington Beach Company (HBC) maintained the facility, provided the dehydration service, shipped the oil, received payment from Chevron USA Inc., deducted HBC fees and royalty, and provided the City with a check for the balance of monies for City oil production.. On September 16, 1996, the City entered into a lease agreement with HBC to directly lease the tank farm facility and eliminate HBC from all production and shipping activities. This means the City must provide tank farm maintenance, ship and sell its oil, and pay HBC the lease and royalty. In order to sell the City's oil, the City must enter into a Crude Oil Agreement (Attachment 1) with Chevron USA Inc., the buyer. Only after entering into this agreement will Chevron USA Inc. purchase City produced oil. The agreement is a standard crude oil agreement and has been reviewed and approved by the City Attorney. r REQUEST FOR COUNCIL ACTION MEETING DATE: 04/07/97 DEPARTMENT ID NUMBER: 97-003 Environmental Status: Not applicable. Attachments : _ 1. Huntington Beach Crude Oil Agreement Chevron Contract No. 97A120474 (2) rca97003 -2- 03/26/97 5:15 PM • 0 A, CITY OF HUNTINGTON BEACH 2000 MAIN STREETCALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK ITY CLERK L T ER QF TI N 1•I L REGARDING IT AI APPROVED BY THE CITY COUNC TUREDEVELOPMENT AGENCY APPROVED ITEM DATE: 4--d 3 J-2 TO: -PPrs21.6�-oni)-, S�✓p�lV� N'`O,relron/ Gfs Goo. Street d,#,Ve, Sv.iG il/oZoop City, State, Zip ATTENTION: DEPART11TFNT: REGARDING: See Attached Action Agenda Item h —.7/ Date of Approval V - 7 j:2 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records, Connie Brockway U City Clerk Attachments: Action Agenda Page _L�L Agreement V Bonds Insurance RCA Deed Other Remarks: CC: To ��'4 yr s _ ,� D t- —1/ V/- Narne Deparment F RCA Agrcemcnt Insurance Othcr Name Department RCA Auccmcm Insurance Othcr Name Department RCA Risk Management Department Insurance Copy Agreement Insurance Oilier G: Folb« cp'agrnts. trar.shr {Telephone: 714.536-5227 ) (15) 04/07/97 - Council/Agency Agenda - Page 15 W E-19. (rily_CS uncj.l Recognition Of The Huntingtgn EjoajLH.umanBelatim Task Force Members - Designatign Of The lask Force As_A City Of Huntington Beilrh Committee (110.20) - Designate the existing Huntington Beach Human Relations Task Force as a City of Huntington Beach Committee and appoint the current Human Relations Task Force members on an interim basis, until the posting requirements of the Maddy Act are met. The Committee will continue until January 02, 2001 at which time the Committee would be either re -authorized to continue or disbanded and recognize the current leadership and members of the Huntington Beach Task Force, including terms, as follows: Brian J. Ar stm rung (January 1999); Rose M glioa-6rmstrong (Secretary) (January 2001); (January 1999); Lisa Betancourt (January 2001); Jean Bogen (January 1999);Mike-Bqen (January 2001); Margie Bunten (January 2001); Aig' QIer gns (January 2001); Ding -Jo Currie (January 1999); Kay DoJion (January 1999); Regina B, Front (Treasurer) (January 2001); Mary Lou -Hughes (January 1999); Kenneth Inouye (Chair of the Task Force & Chair of the Education Sub -Committee) (January 2001); Karen Jackle (Vice -Chair) (January 1999); Vickie Kain (January 1999); Carol KaDode (January 1999); Jeff Lebow (Chair, Outreach Committee) ( January 2001); Marilyn ModkI (Vice -Chair) (January 2001); Joseph Nunn (January 1999); Fred B. Promenghir (January 2001); (January 1999); Billie S1uj5ky (January 2001); Charles JbDm9fiffl Thomas January 2001); Martha Villasenor (January 1999); and Daria Waetien (January 1999). Submitted by the Deputy City Administ[atgrlPublic Relations Qf ricer [Approved - 6-0 (Julien -- Absent)] W E-20. Mpl2gnn@ll Centre Business Park apecifcPlan.And Environment ImRactt R12ortAnd Amenftgnj N12. I Ig Specific Plan and Environmental_ Impact Renort Reimbursement Agme-meet Retween The City And McDonnell Douglas Realty_ CQml2any (600.10) - 1. Approve Amendment No_ 1 To Professional Services Agreement Between The City Of Huntington Beach And EDAW, Inc. For Planning Consulting Services For The Preparation Of The McDonnell Centre Business Park Specific Plan And Environmental Impact Report _ for additional services in the amount of $80,500 to prepare the McDonnell Centre Business Park Specific Plan and Environmental impact Report, for a total contract fee not to exceed $238,474.00 and authorize execution by the Mayor and City Clerk. 2. Approve Amendment No. 1 To Specific Plan And Environmental Impact Report Reimbursement Agreement Between The City Of Huntington Beach And McDonnell Douglas Realty Company for additional consulting services in the amount of $80,500 to prepare the McDonnell Centre Business Park Specific Plan and Environmental Impact Report, for a total agreement fee not to exceed $238,474.00 and authorize execution by the Mayor and City Clerk. Submitted try the Community Deyelopment Daoftmal E-21. (City C No. 97 120474For The Purchase By CheyLon Qf C ty Produced Oil (600.10) -Approve and authorize the Mayor to sign the Huntington Beach Crude Oil Agreement Chevron Contract No. 97A120474 Between the City of Huntington Beach and Chevron Products Company, a Division of Chevron USA, Inc. Submitted -by the Fire Chief (16) [neuron Chevron March 5, 1997 City of Huntington Beach P. O. Box 190 Huntington Beach,.CA 92648 Attn: Mr. Tim Greaves Re: Huntington Beach Crude Oil Agreement Chevron Contract No. 97A120474 Chevron Products Company Logistics and Trading Raw Materials 575 Lennon Lane, Suite N2000 Walnut Creek, CA 94598 M . P. M. Bond Supply Representafnre (510) 943-2539 This is to. confirm Bond / Greaves phonecon January 17, 1997, wherein it was agreed that the City of Huntington Beach ("Seller") and Chevron Products Company, a division of Chevron U.S.A. Inc. ("Buyer"), shall enter into a crude oil agreement under the following terms and conditions: Quantity and Quality: Seller hereby sells and agrees to deliver to Buyer, during the effective term of this contract, approximately 1,000 barrels of Huntington Beach type crude oil (hereinafter called "oil") of a gravity not less than 20 degrees A.P.I. , produced from the property situated in the Huntington Beach Oil field, described as follows: 2. Property Description: Miley -Keck Lease Parcel 3. All of Blocks 2001 and 2002, Tract 12, City of Huntington Beach, according to the map thereof recorded in Book 9, Page 13, Miscellaneous Maps, Orange County, California. Term: This contract shall be effective on February 1, 1997, and shall continue thereafter until terminated by either party by giving not less than thirty (30) days' prior written notice of termination to the other party. 4. Deliveries: All deliveries hereunder shall be made from tankage on the property described above and into the Buyer's nominated pipeline (as set forth in this contract). Seller shall, at its expense, install, maintain and operate all tankage, pumps, pipelines and other facilities necessary to make such deliveries of oil from time to time. Seller shall, at its expense, install and maintain a gate valve in the outlet line from each tank. Any changes in connections or other facilities to accommodate Seller shall be made at Seller's expense. If City of Huntington Beach Contract No. 97A120474 Page 2 of 5 pipelines are not available for transporting said oil from such field, Seller shall arrange and pay for the cost of transporting such oil by tank trucks, provided that deliveries are made in normal size tank truck and trailer quantities (currently 141 barrels minimum per load). All deliveries shall be gauged in Seller's tankage, provided that said tankage is properly calibrated. In the event they are not, then deliveries shall be made from Seller's tank trucks, and quantity shall be determined by weight established by use of Commercial Scales or by Lease Automatic Custody Transfer (LACT) meter, Buyer's option. Quality of deliveries shall be determined from samples taken from Seller's lease shipping tanks except for those deliveries made through LACT meters where sampling equipment associated therewith shall apply. Title and risk of loss shall pass from Seller to Buyer as the crude oil enters Buyer's nominated pipeline system. 5. Condition of Volume Delivered: This Agreement -is entered into on the basis that Seller shall deliver to Buyer Seller's entire production of crude oil and/or condensate produced from said property at a rate of approximately twenty-five (25) barrels per day, subject to any facilities limitations in Buyer's ability to receive daily and/or monthly deliveries into Buyer's receiving facilities associated with the deliveries made hereunder. Seller shall notify Buyer in advance. of any anticipated significant increase in said volume to ensure that Buyer has the continuing ability to receive deliveries hereunder. Failure by Seller to give such notice shall subject this Agreement to immediate renegotiation at Buyer's sole option. 6. Sand and Water Tests: Buyer shall not be obligated to take delivery hereunder of any oil containing more than two (2) percent of water, sand, and other foreign substances, as ascertained by Centrifuge Method ASTM D-4007. If buyer accepts oil containing any percent of water, sand, and other foreign substances, Buyer shall make deduction for the amount of water, sand, and other foreign substances therein as shown by said test. 7. Samples: All tests shall be made by Buyer at its laboratory or at such other point as may be agreed upon by Buyer and Seller, and all tests shall be made in the presence of a representative of Seller, should Seller so desire. All samples for testing shall be taken by Buyer from the tankage of Seller except for those deliveries made through LACT meters where sampling equipment associated therewith shall apply. 8. Gravity: The gravity of oil delivered hereunder shall be deemed to be the gravity of the samples thereof taken as hereinabove provided, as indicated by the hydrometer and corrected to sixty (60) degrees Fahrenheit as shown in Table 5A, ASTM Petroleum Measurement Table 1250-80 in its then latest revision. City of Huntington Beach Contract No. 97A120474 Page 3 of 5 9. Temperature Corrections: The quantity -of oil delivered hereunder shall be corrected som observed temperature to sixty (60) degrees Fahrenheit in accordance with Table 6A API Standard 2540 in its then latest revision. The temperature delivered shall be deemed to be the temperature of the crude oil in Seller's tankage prior to delivery or the temperature determined from a LACT meter. 10. Irregular Deliveries: If at any time oil offered for delivery hereunder shall be of a gravity lower than the minimum specified above, Buyer, at its option, may refuse to take delivery of said oil or purchase said oil at such price as Buyer will pay and Seller accept. If at any time oil offered for delivery hereunder shall contain more than the maximum percentage specified above of water, sand, or other foreign substances, as ascertained by a test provided for herein, Buyer, at its option, may accept said oil and make deduction for such water, sand, or other foreign substances as determined by said test. No purchase of oil by Buyer under the provisions of this paragraph shall be deemed a waiver of Buyer's right to require all deliveries hereunder at any time thereafter to be strictly in accordance with the terms and conditions set forth in the other paragraphs of this contract. 11. Oil under 20 Degrees Gravity: When requested to do so by Buyer, Seller will deliver all oil of a gravity of less than twenty (20) degrees API, including oil delivered under the provisions of the preceding paragraph entitled "Irregular Deliveries," at whatever temperature, from one hundred (100) degrees Fahrenheit to one hundred seventy (170) .degrees Fahrenheit, Buyer may from time to time specify. 12. Price: The average of Chevron's posted prices as quoted during the month of delivery for Huntington Beach crude oil. Price shall be adjusted for actual gravity delivered per Chevron's gravity adjustment scale. For pricing purposes, volumes shall be assumed to be delivered on an equal daily quantity basis. 13. Payment: Payment for the oil delivered shall be made by the twentieth (20th) day of the month following the month of delivery. In the event of dispute as to the title to said oil, or any part thereof, or as to any payment hereunder, or any portion thereof, Buyer may, without incurring any liability, withhold payment pending determination of such dispute, or may interplead the claimants, and the payment into court by Buyer of the amount due for oil delivered hereunder shall be deemed a compliance with the provision hereof in respect to payment for such oil. Payments shall be forwarded to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Telephone: (714) 536-5227 City of Huntington Beach Contract No. 97A120474 Page 4 of 5 14. Contacts: Any notice hereunder shall be in writing and transmitted by personal delivery, telegram, fax or mail to the addresses in the contacts section below, or such other addresses as the parties may agree to in writing. Jolene Moore PAL Scheduler (Raw Material) Chevron Products Company Phone: 510-944-6257 Rani Agustin Contract Administrator Chevron Products Company Phone: 510-944-6277 Deborah Friedman Accountant/Operations Specialist Chevron Products Company Phone: 510-944-2518 Tim Greaves City of Huntington Beach Phone: 714-536-5531 15. Notice: Any notice hereunder shall be in writing and transmitted by personal delivery, telegram, telefax or mail to the following addresses or to such other addresses as either party may designate in writing. 16. General Provisions: All other terms and conditions not covered within Contract shall be in accordance with the latest Chevron General Provisions, currently dated September 30, 1994. Usual industry practice shall apply for terms and conditions not covered by the Contract or Chevron's General Provisions. City of Huntington Beach Contract No. 97A120474 Page 5 of 5 IN WITNESS WHEREOF, the City of Huntington Beach and Chevron Products Company have executed this Agreement in duplicate by and through their duly authorized officers, as of the date first herein stated. CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By MAYOR Date 3-i7 _ 'o CHEVRON PRODUCTS COMPANY A DIVISION OF CHEVRON U.S.A. INC. r B r r • , I Date r ATTEST: r . C' Jay yu CITY CLERK Date y 3 -9 7 ` i • bm PAB PMB JBM DFRI SBER Central Files: City of Huntington Beach 97AI20474 - Huntington Beach Oil Field