04-063 Apple Computer Electronic Waste Program~:
.~~~~,. ~
~li~~ o~
~I~PE~TINt~
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 717-3200
NO.
µ' f : >.
1. , y' .,
BY THIS AGREEMENT, made and entered into on the 2~r~ day of .TTTNF , 2t~_,
by and between the CITY OF CUPERTINO (Hereinafter referred to +~s CITY) and
Name (1) APPTF. rn TR~t-, InTr _ (2)
Address 1 INFINITE LOOP City CUPt:RTINO Zip 95014 Phone (4(18? 974-1808
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified servi~;es and/or materials:
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
SEE EXHIBIT "A"
TERMS: The services and/or materials furnished under this Agreement shall commence on JULY 1, 2004
and shall be completed before JUNE 30, 2005
COMPENSATION: For the full performance of this Agreement, CITY' shall pay CONTRACTOR:
NOT TO EXCEED $25,000.00
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in
excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and
liability including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liab for acts of Contractor in performing services described herE~in.
due to negligence, errors and omissions
Insurance: Should the City require evidence of insurability, Contrac~:or shall file with City a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination: No discrimination shall be made in the employ/ment of persons under this Agreement because of the race, color,
national origin, ancestry, religion or sex of such person.
Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the
relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent
contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor
certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any
kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME ~T e,~~apJ.IA p1ITL^~ DEPARTMENT PUBLIC WORKS
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF CUPERTINO:
BY ~~.~~i'Y7 13y
Title SR ,DAR 2 E ~ D "title ENVIR NME
APPROVALS ,.,
I.XPENDITURE DISTRIBUTION
T T EA / T 0 ACCOUNT NUMBER AMOUNT
(~ ~
CI Y CL K DATE '
~-~ 7`'
520-8003-7103'
25 000.00
White: City Clerk ~ v Green: Finance Yellow: Contractor Pink: Receiving Gold: Department
~~~ ~
CITY OF
CUPEi~TINO
EXHIBIT "A"
Electronic Waste Program
Apple Computer, Inc. and the City of Cupertino
SCOPE OF SERVICES:
Apple, in cooperation with the City of Cupertino, will implement a program to provide an
environmentally responsible opportunity for residents of Cupertino to recycle end of life
computers and consumer electronics products. The length of this agreement is one year
(Julyl, 2003 -June 30, 2004). At the end of that time both the City and Apple shall have
the option of renewing the program for three, one-year terms, corresponding to the fiscal
year (July 1 to June 30). (*This scone now eh~compasses the first of the optional one-
year term renewals, coverin,~ July 1, 2004 to June 30, 2005.)
Apple will accept, at its facility located at 10300 Bubb Road, electronic items residents
wish to dispose of in an environmentally responsible manner. Apple will also accept.
electronic items from the City that have previously been used at City facilities, for the
City's use. The process Apple uses is designed to divert over 90% of the end-of--life
materials received through the program from landfill to other beneficial use through reuse
or recycling.
Acceptable Materials
Computer equipment and associated equipment
Computers (CPUs and monitors with intact screens), keyboards,
mice, external hard drives, floppy drives, optical drives, printers,
scanners)
Selected office electronics
(Fax machines, small h~~me copiers)
Selected home entertainment electronics
(Stereo equipment, non-wood speakers, VCRs, laser discs, DVD
players)
Unacceptable materials
Televisions, batteries, computer monitors .with broken or cracked screens
(televisions maybe accepted irl the future in the event Apple and the City
mutually agree on a program acid associated costs). Televisions will be
accepted at the time of implementation of SB 20/50.
Apple will arrange a convenient drop off location and process at 10300 Bubb Road for
residents of Cupertino. Below is an overview of how the process works.
1- Resident pulls vehicle into designated location at 10300 Bubb Road.
2- Apple will verify residency using €;overnment issued photo ID (e.g. drivers
license, passport, etc,) showing Cupertino address or other photo ID and
documentation showing proof or residency - (utility bill).
3- Apple will assist with the removal of equipment from the vehicle as
appropriate.
4- Apple will inventory equipment received, track and create an audit trail for all
computer monitors and all other electronics materials accepted by the
program.
5- Apple will provide the resident with a receipt and information on the
disposition of the equipment brou€;ht in.
After collection from residents
1- Apple will consolidate and process; the material for recycling, ensuring that all
Cupertino program related materials are tracked to ensure recycling. Monitors
and all other electronics materials collected through the program will be
palletized separately from Apple's internal recycling program materials to
ensure proper accounting for the program.
2- Apple will ensure that all program materials are processed in manner that
provides the maximum possible recycling of these materials.
At the end of each month Apple will provide the City with the costs for
processing the previous months CRTs received during the program. On July
1, 2004, Apple will begin to charge the City for the costs associated with
processing all other non-CRT electronics equipment. Upon receipt the City
will reimburse Apple for the amount due.
Hours of operation will be Monday, Wednesday and Friday from Sam to 4:30 pm. The
hours and days will be subject to change based on volume of program related traffic,
internal Apple workload, or as necessary to provide better customer service if determined
by Apple and the City. Apple will provide this service for up to 100 drop-offs per day or
the accumulations of 10,0001bs per day of operation. Apple also reserves the right to
suspend this take back program with a 30 day notice to the City should business
conditions make it uneconomical for Apple to continue to participate. The City will also
have the right to suspend the program with 3()-day notice.
Apple will provide the labor for tracking and processing at no charge to the City of
Cupertino and its residents. Apple will, howf;ver, require the City of Cupertino to cover
2.
the cost of the disposal ofnon-working, non-reusable computer monitors and other
electronics collected through the program until implementation of SB 20/50. At that time,
Apple, acting as an authorized collector as defined by the California Integrated Waste
Management Board (CIWMB), will provide a free and convenient collection program for
Covered Electronic Devices (CEDs) as defined in SB20/50 and specified by the
Department of Toxic Substance Control (DTS C). CEDs are currently defined as: CRT
monitors, lap top computers, televisions and flat panel displays, all with screen sizes of 4"
or greater when measured diagonally. At the time of implementation of SB20/50, Apple
will provide collection and recycling services for these covered devices at no charge to
the City or the City's residents. Apple will co~itinue to require the City to cover costs for
all non-CEDs collected and recycled for the p rogram. Apple will make every reasonable
effort to minimize the cost of this disposal, bu.t it is expected that the City of Cupertino
will pay $.20-$.30 per pound for non-CED disposal. The City will pay up to $25,000
annually (based on the fiscal year), for dispos;~l. If this funding is exhausted and no more
is made available the program will be suspended until such time as the City can provide
more funds to cover the cost of disposal.
This program is intended to provide residents of Cupertino an environmentally
responsible manner to dispose of a reasonable amount of electronic equipment. Apple
reserves the right to decline to accept equipm~:nt in quantities that, in its opinion, would
not be used in a single household (i.e., which appear to come from a business), since the
program is designed and scaled for residential. recycling.
June 16, 2003
* Revised June 22, 2004