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  <br />13 <br />483433v3 NE136-8 <br />The Contractor shall assure that all recyclable materials collected in the City are not <br />landfilled or incinerated except for process residuals as defined in Section 1.18 of this <br />Agreement. The Contractor shall dispose of no more than 15 percent of material (by <br />weight) as process residuals as part of recyclable materials processing operations. No <br />recyclable materials will be landfilled or incinerated by the Contractor without written <br />authorization from the City and the Minnesota Office of Environmental <br />Assistance/Minnesota Pollution Control Agency. <br /> <br />3.2 Lack of Adequate Market Demand <br /> <br />In the event that the market for a particular recyclable material ceases to exist, or <br />becomes economically depressed that it becomes economically unfeasible to continue <br />collection, processing and marketing of that particular material, the Contractor shall give <br />written notice to the City. The notice shall include information demonstrating the effort <br />the Contractor has made to find market sources, and the financial information justifying <br />the conclusion that the market is economically unfeasible. At such conclusion, the City <br />and the Contractor will both agree in writing that it is no longer appropriate to collect <br />such item before collection ceases. <br /> <br />The Contractor shall pay the costs of all disposal of any item collected that is deemed not <br />recyclable by the Contractor and the City due to lack of adequate market demand. The <br />City and the Contractor shall specify a date in the said written agreement to cease <br />collection of the recyclable material in question. The Contractor shall at all times be <br />under a duty to minimize recyclable materials ending up in landfill or incineration. If <br />such disposal becomes necessary, the Contractor shall dispose of the materials at a <br />facility specified in writing by the City or an alternative agreed upon by the City and the <br />Contractor. <br /> <br />3.3 Estimating Materials Composition as Collected <br /> <br />The Contractor shall conduct at least one materials composition analysis of the City’s <br />recyclable materials each year to estimate the relative amount by weight of each <br />recyclable commodity by grade or offer a suitable alternative to a composition analysis. <br />The results of this analysis shall include: (1) percent by weight of each recyclable <br />commodity by grade as collected from the City; (2) relative change compared to the <br />previous year’s composition; and (3) a description of the methodology used to calculate <br />the composition, including number of samples, dates weighed, and City route(s) used for <br />sampling. The Contractor shall provide the City with a copy of each analysis. <br /> <br />3.4 Estimating Process Residuals <br /> <br />The Contractor shall provide the City a written description of the means to estimate <br />process residuals, as defined in Section 1.18 of this Agreement, derived from the City's <br />recyclable materials. This written description shall be reviewed and approved in writing <br />by the City. This written description shall be updated by the Contractor immediately <br />after any significant changes to the processing facilities used by the Contractor.