13-196 Apple Computer Inc., Electronic Waste Program for CupertinoCITY OF
CUPERTINO
AGREE14ENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408- 777 -:3200
NO. KM
THIS AGREEMENT, made and entered into this 1St day of November, is by and between the CITY
OF CUPERTINO (Hereinafter "CITY ") and Apple Computer Inc., 1 Infinite Loop, MSA8 -EHS
Cupertino, CA 95014• phone (408974 -2752
Hereinafter "CONTRACTOR "), in consideration of their mutual covenants, the parties agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and /or materials:
See Exhibit A
Check box if services are further described in an Exhibit.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit "A"
TERM: The services and/or materials furnished under this Agreement shall commence on
November 1, 2013 and shall be completed on October 31, 2016.
COMPENSATION:, For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$0 _
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 shall, to the fullest extent allowed by law, indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers against any and all
liability, claims, stop notices, actions, causes of action or demands whatsoever from and against
any of them, including any injury to or death of arty person or damage to property or other liability
of any nature, arising out of, pertaining to, or related to the .performance of this Agreement by
Contractor or Contractor's employees, officers, officials, agents or independent contractors.
Contractor shall not be obligated under this Agreement to indemnify City to the extent that the
damage is caused by the sole or active negligence or willful misconduct of City, its agents or
employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's
choice, expert fees and all other costs and fees of litigation.
Subcontracting. Contractor has been retained due to their unique skills and Contractor may not
substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior
written consent from City is obtained, only those people whose names are listed in this Agreement
shall be used in the performance of this Agreement:.
Assignment. Contractor may not assign or transfer this Agreement, without prior written consent
Of CITY.
Page 1 of 3
City of Cupertino Short Form Agreement
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California..
(2) Liabilit :
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $500,000 each occurrence
$1,000,00 10 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be
considered equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the following minimum limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall
look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to either Contractor or City with
respect to the services of Contractor herein, a waiver of any right to subrogation which any such
insurer of said Contractor may acquire against City by virtue of the payment of any loss under such
insurance.
Termination of Agreement. The City reserves the right to terminate this Agreement with or
without cause with a seven (30) -day notice. The Contractor may terminate this Agreement with or
without cause with a seven (30) -day written notice.,
Non - Discrimination. No discrimination shall be made in the employment of persons under this
Agreement because of the race, color, national origin, ancestry, religion, gender or sexual
orientation 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
Page 2 of 3
City of Cupertino Short Form Agreement
Agreement is an officer or employee of City. City shall have no right of control as to the manner
Contractor performs the services to be performed. Nevertheless, City may, at any time, observe
the manner in which such services are being performed by the contractor.
The Contractor shall comply with all applicable Federal, State, and local laws and ordinances
including, but not limited to, unemployment insurance benefits, FICA laws, and the City business
license ordinance.
Changes. 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 e►cecution by CITY, in witness thereof, the parties
have executed this Agreement the day and year first written above.
CO CY CITY OF CUPERTINO:
RA
By PA4 wi+l'44-A T By Cheri Donnelly
Title Title: Public Works, Environmental Proas. Mar
Soc. ec. # or Tax I.D 94- 240110
APPROVALS EXPENDITURE DISTRIBUTION
DEPARr.MEAI-T,HEAD DATE
NUMRER
AMOUNT
-ACCOUNT
$0
N/A
C1 ATTORNEY APPROVED AS TO FORM DATE
�N � lb�
CITY CLERK ATTEST DATE'
(2-
Page 3 of 3
City of Cupertino Short Form Agreement
CUPERTINO
EXHIBIT "A"
Electronic Waste Program
Apple, Inc. and the City of Cupertino
SCOPE OF SERVICES:
Apple, in cooperation with the City of Cupertino, agrees to provide a program which
affords another environmentally responsible option for residents of Cupertino to recycle
end of life computers and consumer electronics products. The length of this agreement is
three years (November 1, 2013 — October 31, 2016).
Apple will _accept, at its facility located at 1326 Kifer Road Sunnyvale, CA 94086,
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 horne 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 process at 1326 Kifer Road in Sunnyvale for
residents of Cupertino. Below is an overview of how the process works.
1- Resident pulls vehicle into designated location at 1326 Kifer Road,
Sunnyvale.
2 Apple will verify residency using government issued photo ID (e.g. drivers
license, passport, etc,) and documentation showing proof of 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 electronic materials accepted by the program.
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 10,000 lbs 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 i;ontinue to participate. The City will also
have the right to suspend the program with a 30 --day notice.
Apple, acting as an authorized collector as defined by the California Integrated Waste
Management Board (CIWMB), will provide a flee and convenient collection program for
Covered Electronic Devices (LEDs) as defined! in SB20 /50 and specified by the
Department of Toxic Substance Control (DTSC). 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. Apply; 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-
November 20, 2013
CED materials at no charge to the City and its residents. All materials included in the
program are manually and mechanically disassembled, then shredded into confetti -sized
piece of plastics, metals and glass. This includes hard drives acid any other storage
devices whether or not integral to the equipment.
This program is intended to provide residents of Cupertino another environmentally
responsible method 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 will designate Apple, Inc. as a Designated Approved Collector for
Recovery and Recycling system of California Covered Electronic Waste (CEW) during
the term of this Agreement.
November 20, 2013
State of California
CIWMB 184 (Rev. 07/08)
PROOF OF DESIGNATION
California Integrated Waste
Management Board
This form may be used as a Proof of Designation by a Designated Approved Collector, pursuant to 14 CCR
18660.5(a)(34), when secured from a California local government and duly executed by an officer authorized
to take action on behalf of that local government, such as, but not limited to, a City Manager, County
Administrator or Executive, or a District Manager or Director. If a Designated Approved Collector chooses to
use this form as a Proof of Designation, 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 Proof of Designation and associated collection logs must also accompany any
recycling payment claim that includes CEWs received from a designated approved collector.
Designating Local Government:
City of Cupertino
Designated Approved Collector Name:
CEWID #:
Apple, Inc
101399
Designation Start Date:
Designation End Date:
_
Please be aware that a Collector must maintain
011/01/13
10/31/16
their approved status for a Designation to be valid.
Geographic Area of Service:
City of Cupertino
Location(s) and Description(s) of Collection Activities (ai:tach
additional sheets as necessary):
1326 Kifer Road Sunnyvale, CA 94086
Type of Collection Activities to be Provided (check all that
apply):
®Drop -off ❑Curbside ZSpecial Events
[]Illegal Disposal Clean -up
®other (specify): daily collection (M -F)
CEW Sources Served (check all that apply):
®Residents ZBusinesses ®Government
®Educational / Non - Profit Institutions
❑Other (specify):
Name of Designating Authority (printed):
Title:
Cheri Donnelly
Envirorunental Programs Manager
Signature
_
Date Signed:
10/24/2013
Phone:
_
E -Mail:
408- 777 -3242
CheriD @cupertino.org
Address:
City of Cupertino, 10300 Torre Avenue; Cupertino, CA 95014
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 government.
The proof of designation must be duly executed by an officer of the designating California local government with the
authority to take official action on behalf of the local government such as, but not limited to, a City Manager, County
Administrator or Executive, or a District Manager or Director.
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 California sources. Such activities must be recorded through collection logs as
required by regulation. See regulatory citation on the next page for further details.
Page 1 of 2
Designated Approved Collector California Integrated Waste
Proof of Designation (revised 06108) Management Board
PARTIAL SUMMARY OF APPLICABLE: LAWS AND REGULATIONS
Title 14 C s�
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 onr 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 18660.200)(1)(B) of this Chapter.
18660.5(a)(34) "Proof of designation" means a letter or other document that must be secured by a designated approved collector from
a Califomla local government that, at a minimum, specifies the following Information:
(A) The beginning and end dates of the designation.
an the foe ns(le a which in which
collection designated
Is apvpvlded. collector Is providing CEW collection services for the local government
(C) The customer type to be served by the designated approved collector (I.e. residential, commercial, etc).
(D) The nature of collections activities to be provided by the designated approved collector (Le. drop - off receipt, curbside service, Illegal
disposal clean-up, etc).
(E) Contact Information for the designating authority.
(F) If the proof of designation secured by the designated approved collector Is a document other than a fetter from the local
government, the proof must also Include the designated approved colleittor's written notification to the local government that such other
document has been used. The written notification provided to the local government must be accompanied by a copy of the document
being used to demonstrate designation.
(o) if, after January 1, 2005, and before the affective date of this regulation, a designated approved collector has secured a document
from a local government that does not meet the definition of proof of designation as specified In this Section, such document may be
used by a designated approved collector to comply with applicable requirements of this Chapter through March 31, 2006.
18660.20(h) An approved collector shall provide to any approved collector or approved recycler to whom It transfers CEWs information
on the origin ( Callfomia or non - Californla) and cancellation status of CEWs transferred, including but not limited to the following;
(1) Signed statement listing the sources(s) of the transferred CEft as recorded pursuant to subsection Q) of this section.
(2) A oopy(les) of the applicable portions of the collection log specified in subsection Q) of this section that describe the collection
activities that resulted In the transferred CEWs.
(3) Written descriptlon of any activity, such as storage, repair, refuriAshment, resale, reuse, transfer, packaging and/or
consolidation, that explains any discrepancy between the CEK3 transferred and the CEWs collected as recorded in the log
specified In subsection () 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 fora local government.
18660.200) In addition to the general record keeping requirements in S action 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 Caltfbmis 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 end the number of CEWs discarded by the consumer.
(C) When receiving five (5) or more CEWs units discarded from a non- residential consumer, an approved collector shall
record the name of the non- residentlal organization, an address, a contact person and a telephone number.
(D) A list of other handlers and approved collectors who transferred CEWs to the approved collector in any month, including
the name and address of the other handier 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 CEW9, all approved collectors shall:
1. 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 11he activity or Incident.
4. Record the name, organizational affiliation, address and phone number of person responsible for the site of the
activity or Incident.
18660.20(k) An approved collector that is acting as a designated appnwed collector for a local government shall do the following:
(1) Secure proof of designation as defined in Section 18660.5(a)(29) of this of this Chapter.
(2) Provide a copy of the applicable proof of designation to another approved collector or approved recyderat the time CEWs are
transferred from the designated approved collector to another approved collector or approved recycler.
(3) A designated approved collector shall be relleved only of the source documentation requirement specified by Section
18660.20Qx1 }(B) of this Chapter only for those collection activltles that occur within the designation as specified. in subsection
k(1) of this section.
Page 2 of 2
t�b CERTIFICATE OF LIABILITY INSURANCE
DATE Y"Y'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A, CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poll :y(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements
PRODUCER
MARSH RISK & INSURANCE SERVICES
345 CALIFORNIA STREET, SUITE 1300
CALIFORNIA LICENSE NO. 0437153
CONTACT
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SAN FRANCISCO, CA 84104
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INSURER A: ACE Amerlm Insurewe ConVany
22667
INSURED
APPLE INC.
ONE INFINITE LOOP, MS 40RM
INSURER B : Safety National Casually Corp.
15105
INSURER C : NIA
WA
INSURER D :
S 1,500,000
CUPERTINO, CA 95014.2084
INSURER E .
INSURER F
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.� - -A^nC C- =0TIVI/1_ATF NUMBER- ,FA.M2440070.0, REVISION. NUMBER:,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
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TYPE OF INSURANCE
GENERAL LIABILM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
POLICY NUMBER
XSLG25840240 _
POLICY EFF
100l2013
POLICY EXP
10101/2014
LIMITS
EACH OCCURRENCE $ 1,500,000
DAMAGE TO REwrEo
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$ 1,500.000
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 181, Additional Remarks Schedule, K more space Is required)
REGARDING DESIGNATED COLLECTION ACTIVITIES LOCATED AT 1326 KIFER ROAD, SUNNYVALE, CA 94056, CEWID #101399. POLICIES INCLUDE A WAIVER OF SUBROGATION WHERE
REQUIRED BY WRITTEN CONTRACT AND ALLOWED BYLAW.
CANCELLATION
CERTIFICATE HOLDER
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA 95014
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh Risk & Insurance Services
Chris D Ambra
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ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD