Agmt 2000 Alameda County Industries Inc ACI

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of Default at any time during the period of consideration. C. Re irements of the Contractor. If the Contractor requests the City's consideration of and consent to an assignment, the City may deny or approve such request in its complete discretion. No request by the Contractor for consent to an assignment need be considered by the City unless and until the Contractor has met the following requirements: The Contractor shall pay the City its reasonable expenses for attorney's fees and investigation costs to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment; The Contractor shall furnish the City with audited financial statements of the proposed assignee's operations for the immediately preceding five (5) operating years; iii. The Contractor shall furnish the City with satisfactory proof that the proposed assignee has the demonstrated technical capability to perform all Franchise Services, including: (i) that the proposed assignee has at least 10 years of Solid Waste management experience on a scale equal to or exceeding the scale of operations conducted by the Contractor under this Agreement; (ii) in the last five (5) years, the proposed assignee has not suffered any significant citations or other censure from any State, federal or local environmental laws and the assignee has provided City with a complete list of such citations and censures; (iii) the proposed assignee has at all times conducted its operations in a environmentally safe and conscientious fashion; (iv) the proposed assignee conducts its Solid Waste Management practices in accordance with sound Solid Waste management practices in full compliance with tilt federal, State and local laws regulating the collection and Disposal of Solid Waste including hazardous substances; and (v) or any other information required by City to ensure the proposed assignee can fulfill the terms of this Agreement in a timely, safe and effective manner. D. Application and Transfer Fee. Any application for a Franchise transfer shall be governed by the following conditions: Any application for a Franchise transfer shall be made in a manner prescribed by the City Representative. The application shall include a transfer fee in an amount to be set by resolution of the Council th cover the cost of all direct and indirect administrative expenses including consultants necessary to adequately analyze the application and to reimburse the City for all direct and indirect expenses. In addition, the Contractor shall reimburse the City for any and all additional costs related to the assignment requested and not covered by the transfer fee. Bills shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills within (30) days of receipt. r:hvpd~staa~al~n~&anchisenew2.wpa ovoiioo P1ge 53 of 59