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~
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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.
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