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02-090 Apple Computer~~~'b~ " ~'"'~ ~~.~. Ems` CITY OF +~UPER~TI~I AGREEMENT n ~ CITY OF CIJPERTINO `~ 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 BY THIS AGREEMENT, made and entered into on the 17LiY by and between the CITY OF CUPERTINO (Hereinafter referred to es CITY) and Name (1) APPLE COMPUTER, INC . _ (2) Address 1 INFINITE LOOP City CUPERTINO Zip 95(114 Phone (4nHl 974-7h9g (Hereinafter referred as CONTRACTOR), in consideration of their mratual 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: EXHIBIT "A" TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on SEPTEMBER 30. 2002 and shall be completed before APRIL 1, 2003 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: IVOT TO EXCEED .^~z5,000.00 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, Contract~~r 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 iAVEtdIA MLLi~ _ DEPARTMENT PUBLIC WORKS This Agreement shall become effective upon "ts execution by CITY, in witness thereof, the parties have executed this Agreement th ay and year first writte ove. CONTR CITY OF CUPERTINO: E~Y Title ~ ~~~I, E-Sf 7f"~ ~ Di~l,'I~-1..C~~IACN i Title Soc. Sec. # ,~ S APPROVALS ~"~~ n'~ aN ~ ~~, EXPENDITURE DISTRIBUTION nine oTn~~n~ "L"D DATE ,L A :COUNT NUMBER AMOUNT ~1 . ~ CLERK TE y ~, Z ~0 '~20-8003-7103 $25,000.00 day of SEPTEMBER NO. D ~ ~~ 03120 20 OZ , White: pity Clerk t./ Green: Finai~e ~ Yellow: Contractor Pink: Receiving Gold: Department 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 pilot program to provide an environmentally responsible opportunity for residents of Cupertino to recycle end of life computers and consumer electronic;s products. The length of this pilot program will be 6 months. At the end of that time both the City an Apple we review the success of the program and determine if it should continue. Apple will accept, at its facility located at 10300 Bubb Road, electronic items residents wish to dispose of in an environmentally responsible manner. 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 rc;use 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 e]~ectronics (Stereo equipment, non-wood speakers, VCRs, laser discs, DVD players) Unacceptable materials Televisions, batteries, computer monitors with broken or cracked screens, Apple will arrange a convenient drop off location and process at the Bubb Road location for residents of Cupertino. Below is an overview of how the proposed process would work. 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, tracking especially number of computer monitors. 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 will be palletized separately to ensure proper accounting. 2- Apple will ensure that all program materials are processed in manner that provides the maximum possible re~;ycling of these materials. 3- At the end of each month Apple will provide the city with the costs for processing the previous months CF:T's received during this pilot program. Upon receipt the city will reimburse Apple for the amount due. Initial hours of operation will be agreed up on with the City of Cupertino but are anticipated to be Monday, Wednesday and Friday from Sam to 4:30 pm. These days will be subject to change based on volume of program related traffic and internal Apple workload. Apple will provide this service for iip to 100 drop-offs per day or the accumulations of 10,000 lbs per day of operatiion. Apple also reserves the right to suspend this take bake program with 30 day n~~tice 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 noti~~e. 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-r~;usable 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 Found for monitor disposal. The City will pay up to $25,000 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. This program is intended to provide residents ~~f 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 ~ippear to come from a business), since the program is designed and scaled for residential recycling.