Loading...
08-074 Apple Computer - electronic waste programAGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 ` 408-777-3200 NO. ~ ~ 2 ~ 7 BY THIS AGREEMENT, made and entered into this 23`d day of June, 2008, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Apple Computer, Inc Address 1 Infinite Loop City Cupertino Zip 95014 Phone (408) 974-1808 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties her free follows: d jy~,~ ~y CONTRACTOR shall provide or furnish the following specified services and/or materials: ~ / J See Exhibit "A" EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit "A" TERMS: The services and/or materials furnished under this Agreement shall commence on July 1, 2008 and shall be completed before June 30, 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: No charge to the City of Cupertino 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 due to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability, Contractor 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 employment 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: Cheri Donnelly 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. C TRACT ~ CITY OF CUPERTINO: By By ~. Titl ~~ p~~c'~~-~ ~~'P~ 1-~~-• Title: Environmental Programs Manag r So .Sec. # City Manager APPROVALS EXPENDITURE DISTRIBUTION ~R E E // NT N M ER A O NT ~ VLF N/A CIT ~i1TE / 4 ~ p. CUPERTINO EXHIBIT "A" Electronic Waste Program Apple, 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 (July 1, 2008 -June 30, 2009). 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). 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 uses 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 home copiers) Selected home entertainment electronics (Stereo equipment, non-wood speakers, VCRs, laser discs, DVD players) Televisions Microwaves Unacceptable materials Batteries and computer monitors with broken or cracked screens. 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 government 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 brought 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. Hours of operation will be Monday, Wednesday and Friday from 8:00 am 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 30-day notice. 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 (DTSC). CEDs are currently defined as: CRT 2 monitors, lap top computers, televisions and flat panel displays, all with screen sizes of 4" or greater when measured diagonally. Apple will provide the labor for collection and tracking CED materials at no charge to the City of Cupertino and its residents. Additionally, Apple will provide labor for collection, processing and tracking of non- CED materials at no charge to the City and its residents. 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 equipment 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. The City of Cupertino's will designate Apple, Inc. Designated Approved Collector for Recovery and Recycling system of California Covered Electronic Waste (CEW) during the term of this Agreement. Ju~ie4, 2008 3 Designated Approved Collector California Integrated Waste Proof of Designation (revised 11/06) Management Board PROOF OF DESIGNATION This form may be used as a Proof of Design.atiori by a Designated Approved Collector, pursuant to 14 CCR 18660.5(a)(29), when duly executed by and secured from a designating local government. A copy of this form must accompany the covered electronic waste (CEW) collection logs associated with CEWs transferred from a designated approved collector to an approved recycler. A copy of this form and associated collection logs must also accompany any recycling payment claim that includes CEWs received from a designated approved collector. Designating Jurisdiction: City of Cupertino Designated Approved Collector Name: Apple, Inc. CEWID #: 101399 Designation Start Date: 9/ 1 /08 Designation End Date: 9/ 1 /09 Geographic Area of Service: City of Cupertino Location(s) of Collection Activities: 10300 Bubb Road, Cupertino, CA 95014 and Collection Events at lInfinte Loop, Cupertino, CA 95014 1' a of Collection Activities (check all that a 1 ): ®Dro -off ^Ille al Dis osal Clean-u ^Curbside ®S ecial Events ^Other (specify): Cli/W Sources Served (check all that a 1 ): ®Residents ®Government ®Businesses ®Educational /Non-Profit Institutions ^Other (specify): Designating Authority Name (printed): Title: Cheri Donnelly Enviromental Programs Manager Signature: Phone: 408-777-3242 E-Mail: cherid@cu ertino.or Address: 10300 Torre Ave, Cupertino CA 95014-3255 Designated Approved Collector California Integrated Waste Proof of Designation (revised 11/06) Management Board DIRECTIONS FOR COMPLETING THE PROOF OF DESIGNATION FORM This form may be completed by a local government to demonstrate that it has designated the identified Approved Collector in the Covered Electronic Waste (CEW) Recovery and Recycling Payment System to act as a Designated Approved Collector for the local government when handling CEWs generated from California sources within the jurisdictional responsibility of the designating local govemment. The authority to designate an Approved Collector, as well as any supporting agreements, may be determined by the designating local government. Only CEW recovery activities that fall within the scope of the designation may be handled by the identified Approved Collector while acting as a Designated Approved Collector for the local government. CEW recovery activities conducted by the Approved Collector that fall outside the scope of designation must be logged and recorded according to applicable regulatory requirements. In general, CEW recovery activities conducted by a Designated Approved Collector will involve CEWs transferred directly to the Designated Approved Collector by Califomia sources. Such activities must be recorded through collection logs as required by regulation. PARTIAL SUMMARY OF APPLICABLE LAWS AND REGULATIONS Title 14 CCR 18660.5(a)(19) "Designated Approved Collector" means an approved collector, as defined in subsection (a)(2) of this section, that has been designated by a California local government to provide CEW collection services for or on behalf of the local government and who, in the course of providing the services for the local government, would not be subject to the source documentation requirements pursuant to Section 18660.20(j)(1)(B) of this Chapter. 18660.20(h) An approved collector shall provide to any approved collector or approved recycler to whom it transfers CEW's information on the origin (California ornon-California) and cancellation status of CEWs transferred, including but not limited to the following: (1) Signed statement listing the sources(s) of the transferred CEWs as recorded pursuant to subsection (j) of this section. (2) A copy(ies) of the applicable portions of the collection log specified in subsection (j) of this section that describe the collection activities that resulted in the transferred CEWs. (3) Written description of any activity, such as storage, repoair, refurbishment, resale, reuse, transfer, packaging and/or consolidation, that explains any discrepancy between the CEWs transferred and the CEWs collected as recorded in the log specified in subsection (j) of this section. (4) A copy of any applicable proof of designation specified in subsection (k) of this section associated with CEWs collected while acting as a designated approved collector for a local government. 18660.20(j) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, an approved collector shall maintain the following records: (1) A collection log containing: (A) For each collection activity or event that results in CEWs transferred to the approved collector, a brief written description of the collection activity or event, including the type of consumers targeted for collection, the date and location the activity or event occurred, the number of CEWs collected, and an estimate of the weight of CEWs collected. (B) Approved collectors that are not California local governments, nor entities acting as the designated approved collector for a Califomia local government, shall maintain a list of all consumers who discarded the CEWs transferred to the approved collector, including the name and address of the consumer and the number of CEWs discarded by the consumer. (C) When receiving five (5) or more CEWs units discarded from anon-residential consumer, an approved collector shall record the name of the non-residential organization, an address, a contact person and a telephone number. (D) A list of other handlers and approved collectors who transfen•ed CEWs to the approved collector in any month, including the name and address of the other handler and approved collector and the number of CEWs transferred and the sources of those CEWs as recorded pursuant to parts (A) and (B) of this Section. (E) When collecting source-anonymous CEWs, all approved collectors shall: l . Log the source-anonymous CEW collection activity separately. 2. Provide a brief written description of the activity or incident that resulted in the source-anonymous CEWs. 3. Record the date and location of the activity or incident, the number and an estimate of the weight of source-anonymous CEWs collected from the location of the activity or incident. 4. Record the name, organizational affiliation, address and phone number of a person responsible for the site of the activity or incident.