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Indian River County Solid Waste Disposal District Solid Waste and Recyclables Franchise Agreement resources to be utilized, backup generators for fueling and offices and backup procedures and locations should Franchisee's facility or offices be damaged and shall be submitted a minimum of thirty (30) Days prior to the Commencement Date. It shall also outline measures to be taken to resume services defined within this Agreement and shall be updated by March 31St of each year. 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 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 the SWDD as a condition of payment for additional personnel and equipment pursuant to this Article. 23.2. Variance in Routes and Schedules In the event of a hurricane, tornado, major storm, other natural or man-made disaster, the Contract Manager may grant Franchisee a variance from regular routes and schedules. Such variances shall only be taken when authorized in writing by the Contract Manager. In the event such a variance is granted, there shall be a corresponding reduction in payment to Franchisee reflective of the type of service, frequency, and duration of variance granted. As soon as practicable after such a disaster, Contract Manger shall advise Franchisee in writing the date services, routes, and schedules shall be resumed. Upon receipt of notification, Franchisee shall be responsible for resuming services on said date. A minimum of forty-eight (48) hours notification shall be given to Franchisee. The County shall make every effort through the local news media to inform the public when regular services can resume. 23.3. Emergency Management/Disaster Meetings Franchisee shall attend emergency management/Disaster meetings as requested by the Contract Manager and shall provide any materials that may be useful to the discussion including, but not limited to, Collection schedules and routes and security codes to private community gates. The County shall notify Franchisee of the date, time, and location of the meetings, and any necessary materials to be provided by Franchisee. ARTICLE 24. PERFORMANCE 24.1. Performance Bond Franchisee shall furnish a performance bond as security for the performance of this Agreement with the SWDD within thirty (30) Days of the Effective Date. Said performance bond will be equal to the greater of the 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 -VI or higher for the most current calendar year available. The Surety or Sureties shall be a company or companies satisfactory to the SWDD. 24.1.1. 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 38