Agmt05 BFI Waste Systems - Laserfiche WebLink

Browse Search

1 foregoing (whether or not in related or contemporaneous transactions) which has the 2 effect of any such transfer or change of Ownership, or change of control of Contractor. 3 4 Contractor acknowledges that this Agreement involves rendering a vital service 5 to Agency's residents and business, and that Agency has selected Contractor to perform 6 the services specified herein based on (1) Contractor's experience, skill and reputation 7 for conducting its operations in a safe, effective and responsible fashion, at all times in 8 keeping with applicable Environmental Laws, regulations, and best management 9 practices, and (2) Contractor's obligations to Agency under this Agreement. Agency 10 has relied on each of these factors, among others, in choosing Contractor to perform the 11 services to be rendered by Contractor under this Agreement. 12 13 If Contractor requests Agency's consideration of and consent to an assignment, 14 Agency may reasonably deny or approve such request. No request by Contractor for 15 consent to any assignment need be considered by Agency unless and until Contractor 16 has met the following requirements: 17 18 A. Contractor shall undertake to pay Agency its reasonable expenses 19 for attorney's fees and investigation costs necessary to investigate the suitability of any 20 proposed assignee, and to review and finalize any documentation required as a 21 condition for approving any such assignment; 22 23 B. Contractor shall furnish Agency with audited financial statements 24 of the proposed assignee's operations for the immediately preceding three (3) Rate 25 Years; 26 27 C. Contractor shall furnish Agency with satisfactory proof: (i) that the 28 proposed assignee has at least ten (10) years of Solid Waste management experience on 29 a scale equal to or exceeding the scale of operations conducted by Contractor under this 30 Agreement; (ii) that in the last five (5) years, the proposed assignee has not suffered 31 any significant citations or other censure from any federal, state or local agency having 32 jurisdiction over its Solid Waste management operations due to any significant failure 33 to comply with state, federal or local Environmental Laws and that the assignee has 34 provided Agency with a complete list of such citations and censures; (iii) that the 35 proposed assignee has at all times conducted its operations in an environmentally safe 36 and conscientious fashion; (iv) that the proposed assignee conducts its Solid Waste 37 management practices in accordance with sound Solid Waste management practices in 38 full compliance with all federal, state and local laws regulating the collection and 39 Disposal of Solid Waste including Hazardous Substances; (v) that the proposed 40 assignee can meet the guaranty and performance bond requirements met by Contractor; 41 and, (vi) of any other information required by Agency to ensure the proposed assignee 42 can fulfill the terms of this Agreement in a timely, safe and effective marmer. 43 Atty j Agr j 2005.022 060205 -65-