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17.3. Rapid Recovery from Disaster The clean-up from some natural disasters may require that Franchisee hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. Franchisee acknowledges that the County has entered into one or more stand-by contracts for debris removal in the event of a natural disaster. Therefore, there is no guarantee that Franchisee will be authorized to provide such clean-up services. Franchisee shall not receive any extra compensation (i.e., above the normal compensation provided in this Agreement) to recover the costs of rental equipment, additional personnel, overtime hours, or other expenses unless Franchisee has received written authorization and approval from the County Administrator or designee, prior to such work being performed, and promptly thereafter entered into a written Emergency Contract Memorandum of Understanding Supplemental to Franchise Agreement signed by the Indian River County Administrator and Franchisee. Any and all such costs shall be audited by the County or SWDD prior to payment. 17.4. Disaster Response Plan Franchisee shall develop and provide to the County a written disaster preparedness and response plan (Disaster Plan) thirty (30) Days prior to the Commencement Date, to include four (4) hard copies and one electronic copy. Thereafter, Franchisee shall provide an updated Disaster Plan by June 1 of each year. This Disaster Plan shall include provisions for additional personnel and equipment, and shall establish a reasonable, verifiable basis for any charges associated therewith. SWDD shall coordinate with Franchisee if a disaster should require temporary closure, or modification to the hours of operation of the Designated Facility. Franchisee shall be familiar with local, state, or federal agency documentation requirements, including but not limited to the generality of the foregoing, rules, regulations, and guidelines applicable to the Federal Emergency Management Agency's (FEMA's) Public Assistance Program for Debris Removal, as such requirements change from time to time. Franchisee shall maintain complete and accurate records of any and all such Disaster Work and provide all required and necessary documentation for submission of cost reimbursement requests. Franchisee shall be required to submit its FEMA documentation of costs to SWDD as a condition of payment for additional personnel and equipment pursuant to this section. ARTICLE 18. PERFORMANCE 18.1. Performance Bond Franchisee shall furnish a performance bond as security for the performance of this Agreement with SWDD within thirty (30) Days of the Effective Date. Said performance bond will be equal to fifty percent (50%) of the previous year's invoiced service fees, or fifty percent (50%) of the anticipated service fees for the first year of the Agreement. The premium for the performance bond described above shall be paid by Franchisee. The performance bond shall be written by a surety company licensed to do business in the State of Florida with an A.M. Best Financial rating of A-Vl or higher for the most current calendar year available. The Surety or Sureties shall be a company or companies satisfactory to SWDD. 18.1.1. Said bond shall be forfeited should Franchisee: a) Fail to comply with the requirements of this Agreement; or b) Take the benefit of any present or future insolvency status or make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement of reorganization or the readjustment of indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or any state thereof, or consent to the appointment of a receiver, trustee, or liquidator of all or substantially all of Franchisee's property; or c) By an order or decree of a court to be adjudicated bankrupt; or d) Have an order or decree of a court entered approving a petition filed by any of Franchisee's creditors seeking a reorganization or readjustment of Franchisee's indebtedness under the Federal Bankruptcy laws or any law or statute of the United States or any state thereof, Page 26