11-093 Apple Computer, Inc., Electronic Waste Program AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408 - 777 -3200 NO. e_
BY THIS AGREEMENT, made and entered into this 1st day of July, 2009, 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 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 Agreement shall commence on July 1, 2011,
and shall be completed before June 30, 2012.
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. Ci':y 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 th- • -y and year first written above.
CONT• T' CITY OF CUPERTINO'
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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, 2011 — June 30, 2012). 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.
1
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 10,000 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, acting as an authorized collector as defined by the California Integrated Waste
Management Board (CIWMB), will provide a free and convenient collection program for
2
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
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 (Le., 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.
August 2, 2011
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