MOARenewal-Indefinite-executed.pdf

Federal Prison Industries, Inc. (UNICOR) Recycling Business Group

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MEMORANDUM OF AGREEMENT

BETWEEN

NORTH DAKOTA STATE PROCUREMENT OFFICE (CUSTOMER)

AND

FEDERAL PRISON INDUSTRIES, INC. (DBA IJMCOR)

PURPOSE: Customer and UNICOR enter into This Memorandum of Agreement (MOA) effective upon the date of final signature of this agreement. Customer agrees that they may provide UNICOR certain electronic equipment in lieu of abandonment and destruction to benefit Customer, the environment and to improve public health, safety andlor welfare. UNICOR agrees to use the electronic equipment in meeting its mission of providing opportunities for job training and skills development of inmates.

CONFIDENTIAL INFORMATION: Confidential information, as referenced in this agreement, shall mean any and all technical and non-technical information belonging to each disclosing party and designated as confidential or secret, including, but not limited to, techniques, inventions, know-how of processes, apparatus, equipment, software programs, and proposed products, documents and activities of such disclosing party, and further includes, without limitation, any information, procurement requirements, purchasing, manufacturing customer lists, sales or service customer lists, vendor customer lists, business forecasts, sales and merchandising, and marketing plans and information.

Each receiving party agrees that it will not copy or use in any way confidential information, except to the extent necessary for negotiations, discussions or consultations with personnel or authorized representatives of the disclosing party for the purposes described above. Unless otherwise provided herein, the furnishing of any confidential information hereunder shall not constitute the granting of any right or license to copy or use such information in any way.

Each receiving party agrees that, except as may be required by court order or overriding Federal or state law, it shall disclose the disclosing party’s confidential information only to those of its employees who need to know such information. Each receiving party also agrees to advise each such employee, before be or she receives access to the confidential information, of the obligations of the receiving party under this agreement.

RELATIONSUIP OF THE PARTIES: UNICOR and customer are independent contractors.

Neither party shall represent itself as being an agent of the other party in any manner. This agreement shall not be construed as an agreement of fiduciary relationship, of partnership, ofjoint venture or any other form of business arrangement other than as an agreement between independent contractors.

UNICOR or customer will not make any representations or commitments on behalf of one another without prior written consent.

CUSTOMER RESPONSLBIIJTIES: Customer may provide some or all of its electronic equipment to UISJTCOR for recycling or reuse. Customer will pay eighteen cents ($0.18) per pound for all televisions and computer monitors. All other items listed below are at no cost ($0.00) to customer.

These fees ($0.18 per pound for televisions and computer monitors, and no cost for all other items listed below) are for all UNICOR recycling facilities. Loads of truly mixed electronic equipment (i.e., with televisions and computer monitors comprising approximately 50% or less of the load’s volume measured by the number of pallets containing televisions and computer monitors compared to the number of pallets containing other electronic material) will be processed at no charge to Customer, thereby waiving any fees. In general, Customer will provide the transportation of all less-than-full truckload quantities of donated electronic equipment to UNICOR recycling facilities (except where UNICOR can combine these loads—see UNICOR Responsibilities clause). Customer understands that all materials generated from this operation are either recycled or resold. Overall administration of this MOA is the responsibility of the designated Customer Point of Contact and UNICOR Point of Contact identified herein. Customer may supply any of the following electronic equipment to UNICOR for reuse or recycling:

Audio / Visual Equip Bar Coding Equip Blackberry devices

Cable TV Boxes Calculators Cameras

CD RUM Drives Cell Phones Circuit Boards

Communication Systems Computer Equipment Connectors/Cords/Wire

Fax Machines Game Boys Hard / Floppy Drives

Laptops Mainfiames / Servers Memory

Microfiche Readers Microscopes Modems

Motherboards Network Cards Oscilloscopes

PDAs Play Stations P]otters / Copiers

Power Supplies Printers Scanners

Scrap Computer Metal Scrap Computer Plastic Scrap Copper

Sound Cards Tape Drives Telescopes

Test Equip TIVOs / X-Boxes UPSs Video Cards

All other electronics may be accepted by prior arrangement and approval with the UNICOR Point of Contact listed herein.

Excludes: Consumer item white goods such as air conditioners, refrigerators, washers, dryers, microwaves, toasters, etc. These items may be recycled per a separate agreement. UNICOR reserves the right of refusal, at Customer’s expense, for any load received not in accordance with this MOA.

UNICOR RESPONSIBILI1’IES: UNICOR will arrange and be responsible for all transportation of full truckload quantifies from Customer’s collection site (State Procurement Office, 600 East

Boulevard Avenue, Bismarck, North Dakota 58505-03 10). Where feasible, UNICOR will also strive to combine less-than-full truckload quantities and be responsible for this transportation. {JNICOR will provide the materials, personnel and facilities to process electronic equipment for recycling or reuse in a secondary market. The storage, treatment or disposal of any electronic equipnient shall be dóné in accordance with all applicable local, state and Federal regulations. UNICOR will provide written certification of recycling or destruction (whichever is appropriate) to the customêt upon request. If required by Customer, UNICOR will provide documentation that all of the equiph nrdenatedby the customer is processed by a factory that is certified under the ResponsibleRecyólihg Practices for

Electronics Recyclers (R2) standards.

PROCEDURAL COORDINATION: A designated representative of the Customer will notify

UNICOR by telephone at least three (3) business days in advance of any pickup or delivery of electronic equipment. When notifying UNICOR, the Customer’s representative will inform UNICOR if the load is mixed electronics (i.e., televisions and computer monitors comprising approximately 50% or less of the load’s volume measured by the number of pallets containing televisions and computer monitors compared to the number of pallets containing other electronic material). UN[COR will require this information to determine if there will be any fees for this load charged to Customer.

UNICOR will confirm the date and times acceptable for pickup at Customer’s location or delivery to

UNICOR. The confirmation must occur within at least two (2) business days of the telephonic notification. If necessary, changes to the pickup/delivery date or time will be coordinated between

Customer and the UNICOR Point of Contact.

PREPARATION, PACKAGING AND TRANSPORTATION: Customer is responsible for ensuring that any proprietary data or software has been removed from any equipment transferred to

UNICOR. If any data or software is discovered, UNICOR will notify the Customer within two (2) business days, UNICOR will secure and preserve the information or data, regardless of the media for seven (7) business days, after which it will be returned to Customer at their expense (if requested) or destroyed, if return is not desired.

Packing and packaging will be to specifications provided by the UNICOR Point of Contact. CPUs and monitors will normally be packed on pallets and shrinic wrapped in place. Small printers, faxes, keyboards, and other miscellaneous electronics will normally be packed in palletized Gaylord boxes.

UNICOR is responsible for informing customer of any required security clearances that could affect or delay the delivery. UNICOR will establish security measures to minimize damage, loss or theft of equipment within its control until it is processed.

EQUIPMENT TRANSFER: Customer will prepare the documentatidh donating all material to

UNICOR Customer, at its option, may provide a weight and truck seal number for the load

UNICOR, upon processing the material, will verify the truck seal (if utilized) and the weight of the shipment, as requested by the Customer.

RECORDS/DOCUMENTATION: UNICOR will verify by certificate of recycling that all items were disposed of in a manner compliant with all local, state, and federal regulations.

TERM: The term of this MOA is in effect indefinitely, beginning on the date of fmal signature of this agreement. Either party may terminate this MOA within thirty (30) calendar days by written notification to the other party. The addresses are as follows:

CUSTOMER UNICOR

North Dakota State Procurement Office Recycling Business Group

600 East Boulevard Avenue 320 1SL Street, NW (Bldg 400, 4th Floor)

Bismarck, North Dakota 58505-03 10 Washington, DC 20534

MODIFICATION: This agreement may be modified at any time in writing by either party with the written concurrence of the other party, signed by a duly authorized representative.

PAYMENT RESPONSIBILITIES: Full payment will be received by UNICOR no later than thirty

(30) calendar days after date of delivery and receipt of material by UNICOR. UNICOR will be responsible for all costs and expenses associated with its electronic equipment recycling operation.

Responsibility for transportation costs is as specified in the above clauses on Customer

Responsibilities and UNICOR Responsibilities.

POINTS OF CONTACT: The Customer point of contact is Christy Smith, whose contact information is: (701) 328-4912 and csm.ithand.gov. The TINICOR point of contact is Janice Aragon, whose contact information is (209) 564-6890 and iaragonthcentral.unicor.gpy. The alternate is Todd

Baldau, whose contact information is (202) 353-2091 and tbaldau@centraI.unicor.gov.

Authorized Representative

CUSTOMER

4iridL- /0/24-/Ba/f

Christç’ Smith ‘DATE Procurement Officer H North Dakota State Procurement Office

600.E.. Boulevard Avenue, Dept. 012 400 First Street, NW Bismarck, North Dakota 58505-03 10 Washington, DC 20534

(701)328-4912 (202)305-3732 csmith(Thnd. rtonettiji2centraLunicor.gov

Authorized Representative Fpderal Prison Industries — UNICOR

41is JRobert Tonetti DATE

General Manager:

Recycling Business Group