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BII!t NUMBER: RFPIDF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. project, including all plants, must be removed and replaced for whatever reason, then they shall be replaced with the same grade, size and specification as provided in the original plans for the project. Furthenmore, the Entity (Subrecipient) shall keep litter removed from the project area. The above named functions to be perfonmed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. It is the intent of the parties hereto that except as otherwise provided in paragraphs 2 and 4 hereof, the Entity (Subrecipient) shall be the owner of the planting and other installations included and stipulated in the grant application comprising the project. B. This Agreement may be terminated under anyone of the following conditions: (1) By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement or for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or secured by the Entity (Subrecipient) in conjunction with this Agreement following reasonable written notice. (2) By either party following sixty (60) calendar days written notice. (3) By both parties following the complete execution by both parties of an agreement to tenminate this agreement. ' C. The terms of this Agreement commence on the date of Certification Of Acceptance and continue for a period of three (3) years. D. In the event this Agreement is terminated in accordance with subparagraph 2(a) then the Entity (Sub recipient) shall refund to the Department a pro-rated portion of the grant award based upon the following schedule: (1) If this agreement is tenminated within one year of the date in Paragraph 3, 75 percent of the grant award. (2) If this agreement is tenminated during the second year of this agreement, 50 percent of the grant award. (3) If this agreement is tenminated during the third year of this agreement, 25 percent of the grant award. E. As applicable under Florida Statute 768.28, the Entity (Subrecipient) Covenants and agrees that it shall indemnify and hold harmless the Department and. all of the Departmenfs officers, agents and employees from any claim, action, neglect or omission by the Entity (Sub recipient) during the performance of the Agreements, whether direct or indirect, and whether any person or property to which the Department or said parties may be subject, except that neither the Entity (Subrecipient) nor any of its sub-contractors shall be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. F. This Agreement, together with the Urban and Community Forestry Grant Memorandum of Agreement; embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not superseded hereby. G. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or in part without the expressed written consent of the Department. 55