Town Council

1. ROLL CALL, MOMENT OF SILENT PRAYER, PLEDGE OF ALLEGIANCE. 2. AGENDA APPROVAL: a. Additions, substitutions, deletions. b. Agenda Approval. 3. STAFF AND COMMITTEE REPORTS: a. Town Council b. Town Manager 4. SPECIAL PRESENTATIONS: a. Presentation from Edwin Ferguson, School Board Member, District 7. 5. APPROVAL OF THE CONSENT AGENDA: a. Minutes of the Regular Town Council Meeting of January 8, 2024. 6. ORDINANCES AND RESOLUTIONS: a. None. 7. QUASI-JUDICIAL HEARINGS: TOWN OF LANTANA Town Hall 500 Greynolds Circle Lantana FL 33462 Regular Meeting January 22, 2024 - 6:00 p.m. For information regarding the procedures for public participation during a Town Council meeting, please refer to the end of this agenda. *THIS TOWN COUNCIL MEETING CAN BE ACCESSED ONLINE FOR LISTENING PURPOSES ONLY. PLEASE SEE THE LAST PAGE FOR DETAILS. Karen Lythgoe, Mayor ____ Lynn J. Moorhouse, D.D.S., Vice Mayor ____ Mark Zeitler, Vice Mayor Pro Tem ____ Christopher Castle, Councilmember ____ Kem Mason, Councilmember ____ LANTANA STAFF: Brian K. Raducci, Town Manager; R. Max Lohman, Town Attorney; and Kathleen Dominguez, CMC, Town Clerk 01-22-24 Town Council Agenda a. Consideration of a request for an additional 6-month extension for a previously approved Variance for the property located at 221 N Atlantic Dr (Case #: VAR23-0009). 8. MISCELLANEOUS: a. Consideration of entering into a Grant Agreement with the State of Florida Department of Environmental Protection for FY 2023-2024 for funding in the amount of $1,800,000.00 with $900,000.00 (50%) coming from the State as a grant and $900,000.00 (50%) coming from the Town as our match for the Lantana Seawall Hardening Project. b. Consideration of CSA No. 2024-01 with Baxter & Woodman, Inc. authorizing engineering services in the amount of $131,934.65 for the Bicentennial Park Seawall project. c. Consideration of awarding a contract to Odyssey Manufacturing Co. for a 50-ton Brine Storage Tank Replacement in the amount of $122,930.40. 9. PUBLIC COMMENTS: 10. FUTURE EVENTS/IMPORTANT DATES (subject to change): 11. COUNCIL COMMENTS: 12. ADJOURNMENT. January 24, 2024 - Planning Commission Meeting, Town Hall Council Chambers, 6:30 p.m. (CANCELLED) February 02, 2024 - Drive-In Movie Night, Lantana Sports Park, 7:00 p.m. February 12, 2024 - Town Council Meeting, Town Hall Council Chambers, 6:00 p.m. February 15, 2024 - Special Magistrate Hearing, Town Hall Council Chambers, 5:30 p.m. February 19, 2024 - Town Offices Closed in Observance of Presidents' Day February 26, 2024 - Town Council Meeting, Town Hall Council Chambers, 6:00 p.m. February 28, 2024 - Planning Commission Meeting, Town Hall Council Chambers, 6:30 p.m. Listen to the Town Council Meeting: Granicus: Visit https://www.lantana.org/TownAgendas and click "Audio" for live broadcast. The recording will be available on-demand after the meeting. Future Broadcasts: We're transitioning to Granicus as our primary platform. Soon, GoToMeeting will be retired. GoToMeeting Option: From your computer, tablet or smartphone: https://meet.goto.com/354986493 Phone: Dial +1 (312) 757-3121 and enter Access Code: 354-986-493. Download the GoToMeeting app: https://meet.goto.com/install (optional for now) PROCEDURES FOR PUBLIC PARTICIPATION Any citizen is entitled to be heard on an official agenda item when the Town Council calls for public comment OR any matter not on the agenda under the “Public Comments” section. Citizens desiring to address the Town 01-22-24 Town Council Agenda Council shall step up to the microphone at the podium, state their name and address in an audible voice for the record, and, unless the Chair grants additional time, shall limit their address to three (3) minutes. Citizens who wish to address the Council MUST complete a blue public comment card and present it to the Town Clerk before the item is discussed and wait for the Mayor to announce when it is their turn to speak. Likewise, if the public wishes to speak on a matter on the consent agenda, they must complete a blue card and present it to the Town Clerk before the start of the meeting. Americans with Disabilities Act: In accordance with the provisions of the Americans with Disabilities Act (ADA), this document can be made available in an alternate format (large print) upon request. Special accommodations can be provided upon request with three (3) workings days advance notice of any meeting, by contacting Kathleen Dominguez, Town Clerk at Lantana Town Hall, 500 Greynolds Circle, Lantana, Florida, (561) 540-5000. 01-22-24 Town Council Agenda TOWN OF LANTANA Regular Meeting Minutes January 8, 2024 1. ROLL CALL, MOMENT OF SILENT PRAYER, PLEDGE OF ALLEGIANCE. Mayor Lythgoe called the regular Town Council meeting to order at 6:00 p.m. in the Council Chambers. Deputy Town Clerk Maria Rios called the roll. All elected officials attended, and a quorum was present. Mayor Lythgoe led a moment of silent prayer followed by the pledge of allegiance. 2. AGENDA APPROVAL: a. Additions, substitutions, deletions. b. Agenda Approval. Motion: Vice Mayor Moorhouse made a motion to approve the agenda, as submitted. Councilmember Castle seconded the motion. Motion passed 5-0. 3. STAFF AND COMMITTEE REPORTS: a. Town Council Vice Mayor Moorhouse offered praised and congratulated Police Commander Daniel Navas and Sergeant Thomas Dipolito on their recent promotions. He highlighted their contributions to the community and wished them well in their new roles. Councilmember Castle wished everyone a Happy New Year. Mayor Lythgoe expressed her delight with the recent free Movie night at the Town. She emphasized the fun and community spirit of the event, even with the lower attendance. She also announced a forthcoming literary event with Former Councilmember and author, Malcolm Balfour, who will be presenting his new book at the Town’s Public Library on Wednesday, January 17th at 7:00 pm. Councilmember Mason had no reports or comments to share. Vice Mayor Pro Tem Zeitler expressed his admiration with the residents’ holiday lights displays and decorations. b. Town Manager Town Manager Raducci followed up on his December report regarding FPL's streetlight restoration efforts on S Broadway and Hypoluxo Rd. He encouraged residents to report any Page 2 of 7 01-08-24 TC Mtg outages in their neighborhoods directly to the Town, and the Town will then work with FPL to ensure a prompt resolution. 4. SPECIAL PRESENTATIONS: a. Presentation from Edwin Ferguson, School Board Member, District 7. Mayor Lythgoe announced that Mr. Ferguson could not attend tonight’s meeting due to unforeseen circumstances, but would be coming back on January 22nd to provide his update. b. Presentation of the 2023 Holiday Cheer Light Display Contest Award Winners. Mayor Lythgoe announced the winners of the 2023 Holiday Cheer Light Display Contest. She thanked Nadine Shawah, Parks and Recreation Superintendent, for her creativity and organizing the contest. She also extended her appreciation to everyone who participated in the contest. 5. APPROVAL OF THE CONSENT AGENDA: a. Minutes of the Regular Town Council Meeting of December 11, 2023. Motion: Councilmember Mason made a motion to approve the consent agenda, as submitted. Councilmember Castle seconded the motion. Motion passed 5-0. 6. ORDINANCES AND RESOLUTIONS: a. Consideration of Resolution No. R-01-2024, approving the 2024 Municipal Election(s) Vote Processing Equipment Use and Elections Services Agreement with the Palm Beach County Supervisor of Elections for the March 19, 2024 municipal election. Mayor Lythgoe introduced the above agenda item. Town Attorney Lohman read the below resolution by title into the record: RESOLUTION NO. R-01-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF LANTANA AND THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS OFFICE FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Town Attorney Lohman provided an overview of the Resolution and its intent. There were no public comments. There was no discussion among the Councilmembers. Page 3 of 7 01-08-24 TC Mtg Motion: Councilmember Mason made a motion to approve Resolution No. R-01-2024. Vice Mayor Pro Tem Zeitler seconded the motion. Motion passed 5-0. b. Consideration of approval of Resolution No. R-02-2024, stating the intent of the Town Council to use the uniform method of collecting a non-ad valorem assessment for stormwater utility fees and related services authorized pursuant to Chapter 197, Florida Statutes. Mayor Lythgoe introduced the above agenda item. Town Attorney Lohman read the below resolution by title into the record: RESOLUTION NO. R-02-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, STATING THE TOWN’S INTENTION TO USE THE UNIFORM METHOD OF COLLECTION FOR THE NON-AD VALOREM ASSESSMENT TO BE LEVIED BY THE TOWN FOR THE COLLECTION OF STORMWATER UTILITY FEES PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, BY COLLECTING THE ANNUAL SPECIAL ASSESSMENTS THROUGH THE ANNUAL TAX BILL OF THE PALM BEACH COUNTY TAX COLLECTOR; STATING THE NEED FOR THE LEVY OF THE ASSESSMENT; PROVIDING A LEGAL DESCRIPTION OF THE BOUNDARIES OF THE REAL PROPERTY SUBJECT TO THE LEVY; PROVIDING FOR MAILING OF A COPY OF THIS RESOLUTION TO THE PALM BEACH COUNTY PROPERTY APPRAISER, THE PALM BEACH COUNTY TAX COLLECTOR, AND THE STATE OF FLORIDA DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Town Manager Raducci provided an overview of the Resolution. He outlined the plans for a future stormwater utility fee, as discussed during the April Visioning Session. He emphasized that the purpose of the resolution is to notify the Palm Beach County Tax Collector’s Office and Property Appraiser’s Office of the Town’s intent to collect a stormwater utility fee as an annual special assessment through their offices, but no immediate implementation is planned. He further explained that the Town will determine the specific assessment amount through the Request for Qualifications (RFQ) process with a contractor, and bring that information forward at a future meeting for discussion and approval. There were no public comments. There was no discussion among the Councilmembers. Motion: Vice Mayor Moorhouse made a motion to approve Resolution No. R-02-2024. Councilmember Mason seconded the motion. Motion passed 5-0. 7. QUASI-JUDICIAL HEARINGS: a. None. 8. MISCELLANEOUS: a. Consideration of entering into a Grant Agreement with the State of Florida Department of Environmental Protection for FY 2023-2024 for funding in the amount of $400,000.00 with Page 4 of 7 01-08-24 TC Mtg $200,000.00 (50%) coming from the State as a grant and $200,000.00 (50%) coming from the Town as our match for the Lantana Bicentennial Park Improvement Project. Mayor Lythgoe introduced the agenda item. Eddie Crockett, Public Services Director, provided an overview of the project and answered questions from the Councilmembers. There were no public comments. There was discussion among the Councilmembers. Motion: Councilmember Mason made a motion to accept the Grant Award from the State of Florida Department of Environmental Protection for FY 2023-2024 for funding in the amount of $400,000.00 with $200,000.00 (50%) coming from the State as a grant and $200,000.00 (50%) coming from the Town as our match for the Lantana Bicentennial Park Improvement Project and to authorize the Town Manager to execute the Grant Agreement and any other documents he deems necessary and prudent to administer this grant. Vice Mayor Pro Tem Zeitler seconded the motion. Motion passed 5-0. b. Consideration of entering into a Grant Agreement with the State of Florida Department of Environmental Protection for FY 2023-2024 for funding in the amount of $150,000.00 with $112,500.00 (75%) coming from the State as a grant and $37,500.00 (25%) coming from the Town as our match for the Lantana Maddock Park Improvement Project. Mayor Lythgoe introduced the agenda item. Eddie Crockett, Public Services Director, provided an overview of the project and answered questions from the Councilmembers. There were no public comments. There was no discussion among the Councilmembers. Motion: Councilmember Mason made a motion to accept the Grant Award from the State of Florida Department of Environmental Protection for FY 2023-2024 for funding in the amount of $150,000.00 with $112,500.00 (75%) coming from the State as a grant and $37,500.00 (25%) coming from the Town as our match for the Lantana Maddock Park Improvement Project and to authorize the Town Manager to execute the Grant Agreement and any other documents he deems necessary and prudent to administer this grant. Vice Mayor Moorhouse seconded the motion. Motion passed 5-0. c. Consideration of awarding a contract to FG Construction, LLC for S Broadway and W Pine St Water Main Improvements in the amount of $2,048,950.00. Mayor Lythgoe introduced the agenda item. Eddie Crockett, Public Services Director, provided an overview of the agreement and answered questions from the Councilmembers. Page 5 of 7 01-08-24 TC Mtg Mr. Crockett noted that this is the first time the Town has done business with this vendor, in response to a question from Mayor Lythgoe. There were no public comments. There was discussion among the Councilmembers. Motion: Vice Mayor Moorhouse made a motion to approve awarding a contract to FG Construction, LLC for S Broadway and W Pine St Water Main Improvements in the amount of $2,048,950.00 and authorize the Town Manager to execute this agreement and any amendments thereto. Councilmember Mason seconded the motion. Motion passed 5-0. d. Consideration of CSA No. 2023-06 with Baxter & Woodman, Inc. authorizing engineering services in the amount of $122,744.55 for the S Broadway and W Pine St Water Main Improvement Project General Construction Services. Mayor Lythgoe introduced the agenda item. Eddie Crockett, Public Services Director, provided an overview of the project and answered questions from the Councilmembers. There were no public comments. There was discussion among the Councilmembers. Motion: Councilmember Mason made a motion to approve CSA No. 2023-06 with Baxter & Woodman, Inc. authorizing engineering services in the amount of $122,744.55 for the general construction services during the construction of the proposed improvements and to authorize the Town Manager to execute the CSA and any amendments thereto. Vice Mayor Pro Tem Zeitler seconded the motion. Motion passed 5-0. e. Consideration of authorizing the purchase of one (1) 2024 Toyota Tundra Crew Max SR5 vehicle from Alan Jay Fleet Sales in the amount of $49,059.00. Mayor Lythgoe introduced the agenda item. Sean Scheller, Police Chief, provided an overview of the item, explained the vehicle’s use and answered questions from the Councilmembers. He reviewed the ARPA funding (or clarified) it in response to Councilmember Mason. There were no public comments. There was no discussion among the Councilmembers. Motion: Councilmember Castle made a motion to approve the purchase of one (1) 2024 Toyota Tundra Crew Max SR5 from Alan Jay Fleet Sales in the amount of $49,059.00 from American Page 6 of 7 01-08-24 TC Mtg Rescue Plan Act (ARPA) funds. Vice Mayor Moorhouse seconded the motion. Motion passed 5- 0. 9. PUBLIC COMMENTS: (40:14) Oscar Santalo, Pro Baseball Academy, 9234 Olmstead Dr., Lake Worth, FL, 33467, addressed the Town Council following the Town’s recent agreement with his company to manage and operate the Youth Baseball League at the Lantana Sports Complex. Martha McPherson, 139 N. 13th Pl, Lantana 33462, questioned why the Town Council approved two (2) car washes so close on Lantana Rd. She spoke about the car wash construction project taking place in the lot behind her house harming her property and her health, and disrupting her sleep. She read aloud complaints about the Lantana Rd development and businesses, and alleged kick-backs. She accused the Town Council of prioritizing revenue over residents and raised concerns about the color of her water. Phillip Terrano, 4789 Dolphin Dr., Lake Worth, 33463, raised concerns about Oscar Santalo, the Town's contractor for the Sports Provider Program at the Lantana Sports Complex, and distributed handouts alleging contractual violations and unethical transactions. Nick Budjinski, 4794 Dolphin Dr, Lake Worth 33463, following the previous comments from Mr. Terrano, spoke about his prior experience as a coach at the Lantana Sports Complex during 2018 and 2019, the fees and services his company paid the Town in comparison to Oscar Santalo’s company. Adam Cullen, 100 Waterway Dr. Unit 204, Lantana 33462, expressed his dissatisfaction with the Lantana Police Department, Police Chief, and Town Manager regarding his experience during a recent car accident. He specifically raised concerns about the way he the treatment he received from an officer as an African American. Carlo Simone, 806 E. Windward Way. Apt 524, Lantana 33462, asked if improvements can be made to the roads and the aging buildings along Lantana Rd. and S. Dixie Hwy. He also expressed concerns with the color of the water. Mayor Lythgoe highlighted the Town's ongoing beautification efforts, following Mr. Simone’s comments. Town Manager Raducci provided an update on the upcoming media filter replacement project, scheduled for next month to address Mr. Simone’s water color concern comments. 10. FUTURE EVENTS/IMPORTANT DATES (subject to change): Mayor Lythgoe reviewed the upcoming dates and events. Mayor Lythgoe announced that on the first and third Saturday of the month, the First Baptist Church has a Brown Box Food Distribution Program, and encouraged anyone interested to help and donate. 11. COUNCIL COMMENTS: Page 7 of 7 01-08-24 TC Mtg Vice Mayor Moorhouse addressed rumors circulating about Ocean Ave. He clarified that although there are certain properties along the north side of Ocean Ave. slated to be demolished, there are no plans for construction fencing and the area will be resodded and thoughtfully landscaped to minimize visual impact throughout the process. Councilmember Mason advocated for future vacancies to be filled directly from the commission's alternate members, following the recent Planning Commission appointment. He outlined his rationale for prioritizing alternates when vacancies arise. A discussion ensued among the Councilmembers. Vice Mayor Moorhouse acknowledged Councilmember Mason's points but disagreed with that approach. He said there are qualified individuals with prior experience on the Planning Commission (both in Lantana and elsewhere) or who serve the Town in another capacity who should not be automatically bypassed when filling a vacancy on the commission. Vice Mayor Pro Tem Zeitler suggested other factors the Town Council should consider when filling Planning Commission vacancies such as the current geographic representation of the commission and the applicant's attendance at the Town Council meetings. Councilmember Castle concurred with Councilmember Mason and Vice Mayor Pro Tem Zeitler’s above points and concerns. He expressed his reservations about automatically promoting alternates and spoke about the importance of ensuring the commission maintains the highest level of qualification and expertise. There were no further comments. 12. ADJOURNMENT. The motion was made and carried unanimously. There being no further discussion, the meeting adjourned at 7:05 p.m. _____________________________ Mayor Karen Lythgoe ATTEST: __________________________________ Kathleen Dominguez, CMC, Town Clerk TOWN OF LANTANA Agenda Item Summary AGENDA ITEM No.: 7a PREPARED BY: Nicole Dritz, Development Services Director REVIEWED BY: Brian K. Raducci, Town Manager MEETING DATE: January 22, 2024 AGENDA ITEM: Consideration of a request for an additional 6-month extension for a previously approved Variance for the property located at 221 N Atlantic Dr (Case #: VAR23-0009). ISSUE/BACKGROUND: Each variance request that is approved by the Town Council becomes void if not exercised within six (6) months of the date granted. Applicants have the ability to make a written request to the Town Council before the six (6) months has expired if they wish to seek an extension. The applicant of a previously approved variance (VAR23-0009) for a property located at 221 N Atlantic Dr has submitted an extension request. On 06/26/2023, the applicant’s attorney explained to the Council that the property owner wished to install a boat lift on an existing non-conforming 121.9-foot dock. The Town Code limits docks to 100- feet in length. The applicant has explained that they still wish to install the boatlift, however required permitting through the Army Corps of Engineers is taking longer than expected. The variance request within the previously approved application includes: 1. request to allow a maximum 121.9-foot dock length where a maximum 100-foot dock length is permitted (VAR23-0009). The applicant is requesting an additional six (6) months to exercise the variance, pursuant to Section 23- 63(b)(4). ATTACHMENT(S): 1. Request Letter.pdf 2. VAR23-0009 Development Order.pdf SAMPLE MOTION: I move to (approve)(disapprove) the extension request for the previously approved variance (VAR23- 0009) for the property located at 221 N Atlantic Dr.

1 of 2 ORDER OF THE TOWN COUNCIL TOWN OF LANTANA Case No.: VAR23-0009 Variance for relief from Section 23-134(a)(2) of the Town Code of Ordinances to allow a maximum 121.9-foot dock length where a maximum 100-foot dock length is permitted, for the property located at 221 North Atlantic Drive. In Re: Jennifer Johnson, Owner Property Location: 221 North Atlantic Drive, Lantana, Florida 33462 Legal Description: HYPOLUXO ISLAND ADD LTS 7 & 8 Property Control Number: 40-43-45-03-01-000-0070 ORDER APPROVING APPLICATION This cause came on to be heard upon the above application and the Lantana Town Council having considered the evidence presented by the applicant and other interested persons at a properly noticed hearing, called and held on June 26, 2023, and the Town Council having considered the recommendations of the Development Services Director and the Zoning Board of Appeals and being otherwise duly advised, THEREUPON, THE LANTANA TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT: 1. The property which is the subject of said application is classified and zoned within the R1A - Residential District by the Zoning Code of the Town of Lantana. 2. The applicant seeks a variance under the Lantana Zoning Code. 3. Under the provisions of such code, the Town Council has the right, power, and authority to act upon the application herein made. 4. In the judgment of the Town Council, the public convenience and welfare will best be served by APPROVING the application. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, AS FOLLOWS: The application for Variance, Case No. VAR23-0009 for the subject property located within the Town of Lantana, Palm Beach County, Florida, to permit the following: 1. To allow a maximum 121.9-foot dock length where a maximum 100-foot dock length is permitted. is hereby APPROVED since the Town Council hereby finds that the applicant meets all standards set forth in Section 23-63(b)(1) of the Town Zoning Code. 2 of 2 In accordance with Section 23-63(b)(4) of the Town Zoning Code, all Variances shall become void if not exercised within six (6) months of the date granted. Before the six (6) months has expired, the applicant may make a written request to the Town Council for an additional six (6) month extension. Any further extension of time shall require a new application and will be processed as a new case. DONE AND ORDERED THIS 13 day of July, 2023. KAREN LYTHGOE, MAYOR ATTEST: TOWN CLERK cc: Original/File Certified Copy/Applicant Copy/Building Official Copy/Town Attorney TOWN OF LANTANA Agenda Item Summary AGENDA ITEM No.: 8a PREPARED BY: Vanessa Holloway, Contract and Grants Administrator REVIEWED BY: Brian K. Raducci, Town Manager MEETING DATE: January 22, 2024 AGENDA ITEM: Consideration of entering into a Grant Agreement with the State of Florida Department of Environmental Protection for FY 2023-2024 for funding in the amount of $1,800,000.00 with $900,000.00 (50%) coming from the State as a grant and $900,000.00 (50%) coming from the Town as our match for the Lantana Seawall Hardening Project. ISSUE/BACKGROUND: On 09/01/2022, Town staff worked in conjunction with our professional grant writer to submit through the Florida Department of Environmental Protection (FDEP) a grant application to rehabilitate the Bicentennial Park Seawall in the amount of $900,000.00 (with a Town match of $900,000.00 or 50% for a total of $1,800,000.00). The proposed improvements include rehabilitating almost 2,100 linear feet of existing public seawall directly adjacent to high- density, multi-family housing, commercial structures and a major roadway. The grant agreement is for a period that begins 07/01/2023 and expires on 06/30/2026. The Town's match of $900,000.00 (50%) will come from available reserves and will be provided during the FY 2023/24 mid-year budget amendment (March/April 2024). Staff recommends approval of the grant agreement, which has been reviewed and approved by the Town Attorney for legal sufficiency. ATTACHMENT(S): 1. 24SRP62 Town of Lantana Seawall Hardening - For Execution.pdf SAMPLE MOTION: I move to (accept) (reject) the Grant Award from the State of Florida Department of Environmental Protection for FY 2023-2024 for funding in the amount of $1,800,000 with $900,000 (50%) coming from the State as a grant and $900,000 (50%) coming from the Town as our match for the Lantana Seawall Hardening Project and to authorize the Town Manager to execute the Grant Agreement and any other documents he deems necessary and prudent to administer this grant. DEP Agreement No. Rev.  STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Entity Type:Grantee Name: Grantee Address: FEID: (Grantee) 3. Agreement Begin Date: Date of Expiration: 4. Project Number: (If different from Agreement Number) Project Location(s): Project Description: 5. Total Amount of Funding: Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ܆ State ܆Federal $ ܆ State ܆Federal $ ܆ Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ 6. Department’s Grant Manager Grantee’s Grant Manager Name: Name: or successor or successor Address: Address: Phone: Phone: Email: Email: 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: ܆ Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements ܆ Attachment 2: Special Terms and Conditions ܆ Attachment 3: Grant Work Plan ܆ Attachment 4: Public Records Requirements ܆ Attachment 5: Special Audit Requirements ܆ Attachment 6: Program-Specific Requirements ܆ Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with §215.985, F.S. ܆ Attachment 8: Federal Regulations and Terms (Federal) ܆ Additional Attachments (if necessary): ܆ Exhibit A: Progress Report Form ܆ Exhibit B: Property Reporting Form ܆ Exhibit C: Payment Request Summary Form ܆ Exhibit D: Quality Assurance Requirements ܆ Exhibit E: Advance Payment Terms and Interest Earned Memo ܆ Exhibit -: Common Carrier or Contracted Carrier Attestation Form PUR1808 ܆ Additional Exhibits (if necessary): DEP Agreement Town of Lantana Seawall Hardening 7/1/2023 6/30/2026 $ 900,000.00 FY 2023/2024 GAA #1819 900,000.00 900,000.00 Andrea Pelton Vanessa Holloway Resilient Florida Program 2600 Blair Stone Road, MS235 Tallahassee, Florida 32399 Town of Lantana 510 W. Pine St. Lantana, FL 33462 850-245-2186 561-560-5766 24SRP62 Town of Lantana Local Government 500 Greynolds Circle Lantana, FL 33462 59-6000359 Town of Lantana, FL The project will rehabilitate almost 2,100 linear feet of existing public seawall directly adjacent to high-density, multi-family housing, commercial structures, and a major roadway. Andrea.Pelton@FloridaDEP.gov vholloway@lantana.org 24SRP62 1,800,000.00 Exhibit F: Final Report Form, Exhibit G: Photographer Release Form, and Exhibit H: Contractual Services Certification DEP Agreement No. Rev. //2 8. Federal Award Identification Number(s) (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ܆ Yes ܆N/A ,1:,71(66:+(5(2)WKLV$JUHHPHQWVKDOOEHHIIHFWLYHRQWKHGDWHLQGLFDWHGE\WKH$JUHHPHQW%HJLQ'DWHXQOHVV DQRWKHUGDWHLVVSHFLILHGLQWKHJUDQWGRFXPHQWV GRANTEE By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing ܆ Additional signatures attached on separate page. 7KHIROORZLQJLQIRUPDWLRQDSSOLHVWR)HGHUDO*UDQWVRQO\DQGLVLGHQWLILHGLQDFFRUGDQFHZLWK&)5 D    Brian Raducci, Town Manager Alex Reed, Director of the Office of Resilience and Coastal Protection 24SRP62 Town of Lantana ORCP Additional Signatures _______________________________________________ DEP QC Reviewer Hanna Tillotson _______________________________________________ DEP Grant Manager Andrea Pelton *UDQWHHmay add additional signatures EHORZif needed. Attachment 1 1 of 13 Rev. 9/15/2023 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee’s forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties’ Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties’ records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee’s match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 2 of 13 Rev. 9/15/2023 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department’s remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department’s Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee’s expense. If Department’s Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee’s lack of satisfactory performance under the terms of this Agreement. The Grantee’s efforts to correct the rejected deliverables will be at Grantee’s sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee’s failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department’s Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department’s termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department’s notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 3 of 13 Rev. 9/15/2023 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department’s Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pdf. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments (i.e., cost reimbursement) under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: https://floridajobs.org/community-planning-and-development/rural-community-programs/rural-areas-of- opportunity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1 4 of 13 Rev. 9/15/2023 The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State’s the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor’s website, if Contractor maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.myfloridacfo.com/division/aa/local-governments/judgement-interest-rates. l. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department’s Grant Manager of the fixed price Attachment 1 5 of 13 Rev. 9/15/2023 negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager’s approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant’s Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee’s direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee’s contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney’s fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department’s Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department’s notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. Attachment 1 6 of 13 Rev. 9/15/2023 a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee’s insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State’s best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days’ written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department’s discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the