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03-070 Apple Computer Electronic Waste ProgramAGREEMENT CITY OF CUPERTINO 10300 Terra Avenue Cupertino, CA 95014 (408) 777-3200 BY THIS AGREEMENT, made and entered into on the 23rd day of JUNE ,20 03 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name(l) APPLE COMPUTER~ INC. (2) Address 1 INFTWITE LOO~ City CUPERTINO Zip 95014 Phone (408) 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 services and/or materials: SEE EXHIBIT "A" EXHIBITS: The following attached exhibits hereby are made part of this Agreement: I ne services and/or materials furnished under this Agreement shall commence on JULY l, 2003 and shall be completed before 3b~E 30, 2004 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 liable for acts of Contractor in performing services described herein. due to negligence, errors and omissions 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 T,AVENTA HT'LT,AR DEPARTMENT p[~'BT.TC WORER This Agreement sh~ll become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the 1 and year first;r~ CONTRAC,_T..QJ~ ~ CITY OF CUPERTINO: Soc. Sec. # APPROVALS f // . . / ~ I cIfY CL~RK " .--. ~r _ i ~, DAT~ White: City Clerk ~" Green: Finance Yellow: Contractor D,S,R,SUT'O" EXP END TU REACC OUF TNIU /BER AMi NT ' ' Pink: Receiving Gold: Departrne,,I CUPERTINO 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). 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 home 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 may be accepted in the future in the event Apple and the City mutually agree on a program and associated costs), Apple will arrange a convenient drop offlocation and process at 10300 Bubb Road for residents of Cupertino. Below is an overview of how the process works. Resident pulls vehicle into designated location at 10300 Bubb Road. 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). Apple will assist with the removal of equipment from the vehicle as appropriate. Apple will inventory equipment received, tracking especially number of computer monitors. Apple will provide the resident with a receipt and information on the disposition of the equipment brought in. After collection from residents Apple will consolidate and process the material for recycling, ensuring that all Cupertino program related materials are tracked to ensure recycling. Monitors will be palletized separately to ensure proper accounting. 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 this pilot program. Upon receipt the City will reimburse Apple for the amount due. Hours of operation will be Monday, Wednesday and Friday from 8am 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 continue to participate. The City will also have the right to suspend the program with 30-day notice. Apple will provide the labor for tracking and processing at no charge to the City of Cupertino and its residents. Apple will, however, require the City of Cupertino to cover the cost of the disposal of non-working, non-reusable computer monitors. Apple will make every reasonable effort to minimize the cost of this disposal, but it is expected that the City of Cupertino will pay $.20-$.30 per pound for monitor disposal. The City will pay up to $25,000 annually (based on the fiscal year), for monitor disposal. 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 monitor disposal. 2 This program is intended to provide residents of Cupertino ma 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 ~ which appear to come from a business), since the program is designed and scaled for residential recycling. dune 16, 2003