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b) Notify the Contractor to cease collection of the particular recyclable material until a feasible market is located, either by the Contractor or by the City. The Contractor would then be responsible for the cost of printing and distributing City -approved educational materials explaining the market situation to residents. In the event that the parties disagree on the question of whether there is a market for a particular recyclable material or on the economic feasibility of that market, the Contract shall be submitted to binding arbitration. In this case, each party shall name an arbitrator, and the two shall select a third person to serve as chairperson of the arbitration panel. The arbitration panel shall meet and decide said question within 60 days following Contract by the arbitrators to serve on the panel. The arbitration panel shall operate in accordance with the Rules of the American Arbitration Association to the extent consistent with this section, and judgment upon the award by the Arbitrator(s) may be entered in any court with jurisdiction thereof. Meanwhile, collection of said recyclable material shall continue, pending outcome of arbitration. 4.3 Estimating Materials Composition as Collected The Contractor shall conduct at least one materials composition analysis of the City's Recyclables each year to estimate the relative amount by weight of each recyclable commodity by grade. The analysis shall include: Percent by weight of each recyclable commodity by grade as collected from the City; 2. Relative change compared to the previous year's composition; and Description of the methodology used to calculate the composition, including number of samples, dates weighed, and City route(s) used for sampling. The Contractor shall provide the City with a copy of each analysis. The analysis will be conducted no later than March 31 of each year, and a copy of the analysis will be provided to the City no later than April 30 of each year. Upon request of the City, an agent(s) of the City shall attend the composition study. 4.4 Estimating Process Residuals The Contractor shall provide the City a written description of the means to estimate process residuals, as defined in Section 1, Definitions — "Process Residuals," derived from the City's Recyclables. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor immediately after any significant changes to the processing facilities used by the Contractor. 4.5 Performance Monitoring The City will monitor the performance of the Contractor against goals and performance standards required within this RFP and in the Contract. Substandard performance as determined by the City will constitute non-compliance. If action to correct such substandard performance is not taken by the Contractor within 60 days after being notified by the City, the City will initiate the Contract termination procedures. Recycling Services Contract 2022-2025.doc • A-20 Page 58 of 348