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HomeMy WebLinkAboutContracts & Agreements_133-20257g�� �ELLP HONE PARTICIPATION AGREEMENT The mission of the 911 Cell Phone Bank is to partner with enterprises, law enforcement, and victim services agencies to collect unused cell phones and distribute no cost emergency devices in communities nationwide, and provide enterprises and law enforcement with a secure and reliable method to dispose of electronic devices that contain guest or confidential corporate data. CITY OF REDLANDS ON BEHALF OF THE REDLANDS POLICE DEPARTMENT (Supporter) desires to donate cell phones and other portable electronic devices (for a list of devices see Exhibit A) from their lost - and -found or property -and -evidence room to the Charitable Recycling Foundation, aka the 911 Cell Phone Bank (911CPB), an IRS recognized 501(c)(3) non-profit organization (Tax ID 20-5050475). Supporter participation is evidence of its commitment to support and uphold the mission of the 911CPB as shown above. Under its supervision, the 911CPB uses as its exclusive device processor Vibe Wireless, LLC (Vibe). Vibe will handle all back -office operations including receiving, unpacking, triage, testing, and disposition as described in this document. Under this agreement, Supporter agrees to: 1.Send electronic devices released from lost -and -found or property -and -evidence to the 911CPB. (For a list of devices see Exhibit A: Accepted Electronic Devices). 2.Ship all collected electronic devices in accordance with the guidelines of this program. 3.Allow the 911CPB to name Supporter in marketing and promotional materials with the Supporter's written approval. The 911CPB/Vibe agrees to: 1. Return any device sent under this program to its rightful owner should the owner's identity become known at any point in the testing and data wipe process. 2. Pay for all shipping and processing costs of electronic devices Supporter wants disposed of under this agreement. 3. Upon request, guide and direct Supporter in the implementation and operation of a successful e- recycling program. 4.To the best of its ability, protect the privacy of Supporter and its guests. 5. Delete all data found on devices sent by Supporter, using the manufacturer's manual method for master clearing/master resetting devices and/or any available electronic methods, as described in Exhibit B: "Data Wipe and EOL Standards and Practices". 6. Delete all data found on any electronic media devices, such as memory cards, hard drives, etc., sent by Supporter, using the manufacturer's manual method for master clearing/master resetting devices and/or any available electronic methods, as described in the attached "Data Wipe and EOL Standards and Practices". 7. Destroy and recycle any electronic device or media, or the portion(s) of the device that houses personal data, which CANNOT be cleared. 8. Responsibly recycle all electronic scrap and non -working devices sent under this program, according to our "Data Wipe and EOL Standards and Practices" (Exhibit B below). SBANKHQNE VRi"1W.� PARTICIPATION AGREEMENT The 911CPB/Vibe shall provide the insurance coverages listed below to Supporter, and affiliated entities, for as long as 911CPB/Vibe provides services and/or products to Supporter. Insurance Requirements: General Liability. $1,000,000 per occurrence (mandatory) Technology E&O $1,000,000 per occurrence (mandatory) Workers Compensation Statutory Limits (if applicable) Employers Liability $100,000/$500,000/$100,000 (if applicable) Automobile $1,000,000 Combined Single Limit (if applicable) All such insurance required in this agreement shall (a) be with companies with a Best Guide Rating of B+VII or better and on forms acceptable to Supporter, and (b) be on an occurrence basis. Certificates of Insurance shall be furnished to Supporter naming affiliated entities as additional insured on the general liability policy. The general liability policy and worker's compensation policy shall contain a waiver of subrogation in favor of Supporter. In the event that coverage is reduced or canceled, 911CPB/Vibe must notify Supporter in writing immediately upon first learning of these changes. Additionally, the undersigned shall indemnify, defend and hold harmless the Supporter, and their respective directors, officers, employees, shareholders, agents, and representatives (collectively, the "INDEMNIFIED PARTIES" and individually an "INDEMNIFIED PARTY") from and against any and all claims, damages, losses, costs, and expenses of any kind, (including reasonable attorney fees and costs incurred by an INDEMNIFIED PARTY) arising out of or resulting from the services provided in this agreement including, without limitation, injury to or death of any person, damage to or destruction of any property, real or personal. The 911CPB shall not be obligated to indemnify INDEMNIFIED PARTIES for matters arising from the gross negligence or willful misconduct of an INDEMNIFIED PARTY. THE PROCESS Shipping: Each location will ship directly to our processing facility, according to our requirements. Each shipping label will have a unique tracking number which will identify the shipping location. Receiving: Upon receipt, each shipment will be scanned into TotalTrak, our proprietary tracking system. Unpacking: Items will be separated by type and condition. Damaged and obsolete devices will be immediately placed in a secure recycling receptacle. Undamaged devices will be readied for testing. Triage: Each device will be charged, and all removable memory will be placed in a secure receptacle for clearing. All iOS, Android, and Blackberry devices will be cleared (including USB and internal memory), and a factory reset/data erasure will be performed. Any device that does not power on or charge will be sent to a repair technician or placed in a secure recycling receptacle, depending on the model. E),CELLPHONE BANK PARTICIPATION AGREEMENT If a successful repair can be completed, the device is returned to triage and readied for testing. if a device cannot be repaired, the entire device or its digital storage components will be placed in a secure recycling receptacle. Working non -storage components may be retained and may be used on future device repairs. Testing: For each device that passes triage, its serial number/ESN/MEID/IMEI will be scanned into TotalTrak, cleared of all personal data, factory reset, and tested for functionality. Devices that cannot be completely cleared or do not pass the functionality test will be sent to a repair technician or placed in a secure recycling receptacle, depending on the model. Disposition: All devices placed in a secure recycling receptacle will be delivered directly, by a 911CPB/Vibe staff member or affiliate, to an EPA registered ISO140011R2 e-waste recycling facility. All working devices that qualify for use in the 911 Cell Phone Bank Emergency Cell Phone program will be added to the device inventory. Devices that have a market value will be remarketed to help cover program operation costs. Accepted by: —/'->? - Authorized Supporter Sig atu Date Charles M. Duggan, Jr., City Manager --------------------------------------------------------- Printed Name, Title Authorized Supporter Signature Printed Name, Title Date EXiHF6T1Z2C� Supporter Signature Date Printed Name, Title Address: --------- --------------------------- ------------------ --------- 613012025 Jam osieur, Pro irector Date Sri a Phone Bank 275o E Silver Springs Blvd Ste 300 Ocala FL 34470 IsTA If IF ----- - - --- - ---------------------------------- 7- �- Je Donaldson, City Clerk D to BANKHONE Exhibit A Accepted Electronic Devices PARTICIPATION AGREEMENT We accept devices that are in working or non-working/broken condition. Items include (but are not limited to): • Smartphones Cell Phones Blackberries • Tablets • Laptops • Smart Watches • i Pads • Tods • PDA's • Digital Cameras • Game Players • mp3 Players • CD/DVD Players • Digital Media Players • Memory Storage Devices • SD Cards • Pin Pad Devices • Accessories e.g., chargers, headsets, earphones, and rechargeable batteries All devices that store digital personally identifiable information or other forms of personal, private and confidential information will be accepted. 9�1 BANKHONE Exhibit B Data Wipe and EOL Standards and Practices PARTICIPATION AGREEMENT The 911 Cell Phone Bank's electronic device processing is performed by a qualified local subcontractor under the supervision of the 911 Cell Phone Bank. Because of proximity, we are able to monitor and review their processes on a regular basis. The data removal process* is outlined below. The 911 Cell Phone Bank uses only EPA approved recyclers for the equipment that requires destruction. The names and certifications of these subcontractors are available on request, as we do not always use the same company for recycling. Certificates of destruction are also available upon request. All our recyclers destroy unusable devices and recover reusable metals and other materials. The materials that are of no value are disposed of in a manner approved by the EPA. Since consumers and businesses do not have the opportunity to delete personal or sensitive data such as contacts, pictures, text messages and other stored personal information on devices that are lost, the 911 Cell Phone Bank takes extra care in deleting such data from the devices we receive*. The process is done using two basic methods. 1. Each device may have a built in "data wipe" or file delete procedure. This may be in the form of a code that is entered via the devices keyboard or a process that is executed using the devices operating system. This is referred to as a "manual data wipe". This procedure can be performed on 100% of operating devices. 2.The second method involves the use of an internet or client -based software "data wipe" system and is usually quicker than the manual wipe. The 911 Cell Phone Bank utilizes several third -party software tools** specifically developed for this application. These services do not always have the specific software required to "data wipe" a specific device. In this case, we always have the option of a manual data wipe. During the data wipe process each device will be set back to factory original settings. Some devices may have sample pictures, videos, software or other files that cannot be deleted using the data wipe process. Any software or app downloaded by the original user will be deleted. Laptops will not only be data wiped using third party software tools**, but each laptop will have a fresh install of the original operating system and any software originally loaded on the unit. All external memory devices (SD cards, external hard drives...etc...) will be formatted, overwritten using third party software tools** and formatted again. If a device is received that does not power up, has a blank or severely damaged LCD or is damaged in some way that prevents the performance of any type of data wipe, that unit is sent to our EPA approved, IS014001 and R2 materials recycler. Destroying the unit ensures that personal data is protected. A Certificate of Destruction can be provided upon request. * Our erasure method uses software that complies with the latest guidelines as laid out by NISI 800-88 rev 1 December 2014 for levels Clear and Purge. This method renders data recovery infeasible using state of the art laboratory techniques. It should be mentioned that certain software for legitimate and nefarious purposes exists to recover data that has been deleted from certain storage devices including those used in cellular handsets. Therefore, it is impossible to completely guarantee that personal data cannot be recovered. ** Some third -party software tools we use are - Tabernus EE, REMO File Eraser, REMO Drive Wipe, File Shredder, Eraser, DBAN, and Pervacio.