2022 Boating Infrastructure Tier 1 Grant- Dredge Dubuque Marina: Approve Iowa Department of Natural Resources Subrecipient Grant AgreementCity of Dubuque
City Council Meeting
Consent Items # 014.
Copyrighted
November 20, 2023
ITEM TITLE: 2022 Boating Infrastructure Tier 1 Grant- Dredge Dubuque Marina:
Approve Iowa Department of Natural Resources Subrecipient Grant
Agreement- Iowa DNR Agreement No. 24CRDFBGSCHO-0002;
USFWS Agreement No. F23AP03493
SUMMARY: City Manager recommending City Council adopt the resolution and
authorize the Mayor to execute the Subrecipient Grant Agreement
(Agreement No. 24CRDFBGSCHO-0002) with the Iowa Department of
Natural Recourses (Iowa DNR)for the 2022 Boating Infrastructure Tier 1
Grant (B I G Tier 1) to assist with funding to perform maintenance
dredging at Dubuque Marina.
RESOLUTION Approving a 2022 Boating Infrastructure Tier 1 Grant
Subrecipient Agreement (Agreement No. 24CRDFBGSCHO-0002) with
the Iowa Department of Natural Resources to assist with maintenance
dredging at Dubuque Marina
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
� pp
zoo�•*o 13
zoi720zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 2022 Boating Infrastructure Tier 1 Grant - Dredge Dubuque Marina
Approve Iowa Department of Natural Resources Subrecipient Grant Agreement
Iowa DNR Agreement No. 24CRDFBGSCHO-0002
USFWS Agreement No. F23AP03493
DATE: November 15, 2023
Assistant City Engineer Robert Schiesl is recommending City Council adopt the
resolution and authorize the Mayor to execute the Subrecipient Grant Agreement
(Agreement No. 24CRDFBGSCHO-0002) with the Iowa Department of Natural
Recourses (Iowa DNR) for the 2022 Boating Infrastructure Tier 1 Grant (BIG Tier 1) to
assist with funding to perform maintenance dredging at Dubuque Marina.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
kTA 140kTA WA
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
Jenny Larson, Chief Financial Officer
Teri Goodmann, Director of Strategic Partnerships
Nathan Kelleher, Grant, Budget/Financial Analyst
Nathan Steffen, Civil Engineer
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
DATE: November 14, 2023
Dubuque
AII•Amarica Ciq
2-007.2012.2013
2017*2019
RE: 2022 Boating Infrastructure Tier 1 Grant - Dredge Dubuque Marina
Approve Iowa Department of Natural Resources Subrecipient Grant Agreement
Iowa DNR Agreement No. 24CRDFBGSCHO-0002
USFWS Agreement No. F23AP03493
INTRODUCTION
The purpose of this memorandum is to provide information and to request City Council
approval and authorization for the Mayor to execute the Subrecipient Grant Agreement
(Agreement No. 24CRDFBGSCHO-0002) with the Iowa Department of Natural
Recourses (Iowa DNR) for the 2022 Boating Infrastructure Tier 1 Grant (BIG Tier 1) to
assist with funding to perform maintenance dredging at Dubuque Marina.
BACKGROUND
The Sportfishing and Boating Safety Act - BIG Tier 1 grant funding supports boating as
a popular recreational activity; there are approximately 11.8 million registered
recreational boats in the United States. Of this total, an estimated 584,000 are at least
26 feet long. The Sportfishing and Boating Safety Act of 1998 (Public Law 105-178)
established the Boating Infrastructure Grants (BIG) Program (16 U.S.C. 777g-1) to
provide funding to the 50 States, for the construction, renovation, and maintenance of
boating infrastructure facilities for transient recreational vessels at least 26 feet long that
are operated, leased, rented, or chartered primarily for pleasure.
In the fall of 2022, Dubuque Marina submitted a BIG Tier 1 grant application to the Iowa
DNR for dredging the marina to provide transient boaters, and boaters who operate
vessels 26 feet or larger, access to docking and safe harbor facilities, including fueling,
pump -out, bathroom and shower facilities, access to clean water, electricity, and other
utilities.
In February 2023, Dubuque Marina was notified by the Iowa DNR that they were
awarded $200,000 in BIG Tier 1 grant funding. During the grant development process, it
became apparent that it would be challenging for Dubuque Marina to administer and
comply with all the federal grant requirements.
Based on the potential challenges for Dubuque Marina to successfully administer a
federal BIG Tier 1 grant funded project, the Iowa DNR approached the City to inquire if
1
the City would be interested in becoming the BIG Tier 1 Grant Recipient and be the
responsible lead agency for administering the federal grant.
Since the City regularly performs maintenance dredging projects and has successfully
completed two (2) previous BIG grant funded project, City staff supports assuming the
lead agency role for the 2022 BIG Tier 1 grant to perform maintenance dredging at
Dubuque Marina.
BIG TIER 1 GRANT APPLICATION
Since the Dubuque Marina was the original grant applicant, for the City to become the
Grant Recipient, the City was required to submit a new, separate application to the FWS
and Iowa DNR for the 2022 Boating Infrastructure Tier 1 Grant.
On August 7t", 2023, per Resolution 248-23, the City Council authorized staff to submit
the 2022 Boating Infrastructure Tier 1 Grant application. On November 3rd, 3023, the
City received the Notice of Award from the Iowa DNR / USFWS for the BIG Tier 1
Grant. On November 9t", 2023, the Iowa DNR Commission approved the Subrecipient
Grant Agreement.
PROJECT DEVELOPMENT TIMELINE
DATE
PROJECT DEVELOPMENT ACTIVITY
March 30, 2023
Environmental Clearance, COE Regional Permit Issued
✓ Completed
July 19
City Submittal 2022 BIG Tier 1 Grant Application
✓ Completed
August 1
FWS 2022 BIG Tier 1 Grant TRACS Portal Submittal
✓ Completed
90 Day Review
FWS Review Period
✓ Completed
November 3
FWS BIG Grant Notice of Award
✓ Completed
November 9
DNR Commission Meeting Approve City Grant Agreement
✓ Completed
November 20
City Approve DNR / City BIG Grant Agreement
November 20
City Approve City / Dubuque Marina Funding Agreement
January 2024
City Prepare Construction Plans for Dredging
February 2024
City Complete Public Bidding Process
April - May 2024
Complete Maintenance Dredging Project
June 2024
Project Close Out
December 2024
BIG Grant Close Out
BIG TIER 1 GRANTS - DREDGING PLAN
Upon reviewing the BIG grant eligible scope of work for maintenance dredging, and
after discussions with Dubuque Marina and Iowa DNR staff, City staff is proposing a 2-
phase dredging project to support the local and regional transient boating at the marina.
The objective and scope of work for the 2022 BIG TIER 1 Grant funding that was
awarded is to perform maintenance dredging within the area shown in Figure 1, to an
approximate river bottom elevation of 586-Ft., which will provide adequate depth for
transient boats 26 feet in length or greater and will create a safe open water for
navigating vessels from the Peosta Channel to and from the marina transient docks.
1
LEGEND
At ZOO' River Stage
Above Water
O' - V Deep
T - 2' Deep
T 2' - 3' Deep
3'- 4' Deep
4' - 5' Deep
GASITRANSIENT -
. � DOCK
r 'CDOCK
2024 BIG GRANT �
DREDGE AREA -",�
Figure 1 - Dubuque Marina Areas to be Dredged
r y
TRANSIENT DOCK
SPRING 20,-r+
2022 BIG GRANT
DREDGE AREA
�i
W
2022 BIG Tier 1 Grant Funding will be used to perform maintenance dredging within the
area outlined in RED.
City of Dubuque submitted a 2024 BIG Tier 1 Grant Application to assist in funding to
perform maintenance dredging within the area outlined in GREEN.
On September 5t", 2023, per Resolution 284-23, the City Council authorized staff to
submit the 2024 Boating Infrastructure Tier 1 Grant application. The objective and
scope of work for the proposed 2024 BIG Grant funding is to continue with the
completion of maintenance dredging within the area shown in Figure 1, to an
3
approximate river bottom elevation of 586-Ft. This will create a larger open waterway for
navigating transient vessels from the Peosta Channel to and from the marina transient
docks and provide safe access to the existing transient dock for fuel, water, and holding
tank pump -out.
The proposed 2-phase dredging project will provide adequate depth and an improved
open waterway for safely navigating transient vessels. By dredging and creating the
open waterway from the Peosta Channel to the marina transient docks, this will create
improved water flow and water circulation which will reduce the potential for future
sediment siltation within the proposed dredge location. The proposed dredged open
waterway will be more sustainable long-term and will maximize the return on the
investment of federal BIG funding with a long-term solution in providing safe harbor
access for daily and overnight transient boaters.
BIG TIER 1 - PROJECT FUNDING
With the original BIG Tier 1 grant application submitted by Dubuque Marina, the
application requested $200,000 in grant funds along with $117,500 to be contributed by
Dubuque Marina as the local match grant funds.
With the City's Notice of Award for the 2022 BIG Tier 1 grant funding and will be
responsible for the lead agency role for administering the federal grant, Dubuque
Marina has agreed to contribute the $117,500 local match funds as committed to in the
original grant application.
If the City is successful in being awarded the 2024 BIG Tier 1 grant funding, the
proposed project funding is summarized as follows:
Description
Fund Amount
2022 BIG Tier 1 Grant - Notice of Award
$ 200,000.00
Private Participation - Dubuque Marina (Local Match)
117,500.00
2024 BIG Tier 1 Grant - Application Request Pending
170,271.00
Private Participation - Dubuque Marina (Local Match)
100,000.00
Total Dredge Funding
$ 587,771.00
DUBUQUE MARINA FUNDING AGREEMENT
City staff has worked with the Legal Department to develop a project Funding
Agreement between the City and Dubuque Marina for providing the required private
participation local funding ($117,500) for the 2022 BIG Tier 1 grant. The City / Dubuque
Marina Funding Agreement is a separate action item on the November 20, 2023,
council meeting agenda.
If the City is awarded the 2024 BIG Tier 1 grant, the plan would be for the City Council
to consider approving and concurrently executing both the Iowa DNR Subrecipient
Grant Agreement and the City / Dubuque Marina Funding Agreement at a future date.
ISI
RECOMMENDATION
I recommend that the City Council adopt the enclosed resolution and authorize the
Mayor to sign the Subrecipient Grant Agreement (Agreement No.
24CRDFBGSCHO-0002) with the Iowa Department of Natural Recourses for the 2022
BIG Tier 1 Grant to assist with funding to perform maintenance dredging at Dubuque
Marina.
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolution and authorize
the Mayor to sign the Subrecipient Grant Agreement (Agreement No.
24CRDFBGSCHO-0002) with the Iowa Department of Natural Recourses for the 2022
Boating Infrastructure Tier 1 Grant (BIG Tier 1) to assist with funding to perform
maintenance dredging at Dubuque Marina.
cc: Jenny Larson, Chief Financial Officer
Teri Goodmann, Director of Strategic Partnerships
Nathan Kelleher, Grant, Budget/Financial Analyst
Nathan Steffen, Civil Engineer
Dubuque Marina
George Scholten, Grant Project Manager, Iowa DNR
Attachment
F:\PROJECTS\DREDGING PROJECTS\2024 Maintenance Dredge\2022 DNR BIG Tier 1 Grant\DNR BIG Tier 1
Grant Funding Agreement
G�
Prepared by Robert Schiesl City of Dutruaue Engineering 5011V. 130 St. Dubuque, IA 52001 f563) 589-4270
Return to Adrienne N. Breit#elder City Clerk City of Dubuque, 50 W. 1311 St. Dubuque, IA 52001 (563) 589-4100
RESOLUTION APPROVING A 2022 BOATING INFRASTRUCTURE TIER 1 GRANT
SUBRECIPIENT AGREEMENT (AGREEMENT NO. 24CRDFBGSCHO-0002) WITH
THE IOWA DEPARTMENT OF NATURAL RESOURCES TO ASSIST WITH
MAINTENANCE DREDGING AT DUBUQUE MARINA
WHEREAS, on August 7th, 2023, per Resolution 248-23, the City Council
authorized staff to submit the 2022 Boating Infrastructure (BIG) Tier 1 Grant application
to the Iowa DNR for dredging Dubuque Marina to provide transient boaters, and boaters
who operate vessels 26 feet or larger, access to docking and safe harbor facilities; and
WHEREAS, on November 3rd, 3023, the City received the Notice of Award from
the Iowa DNR for the 2022 BIG Tier 1 Grant in the amount of $200,000; and
WHEREAS, on November 9th, 2023, the Iowa DNR Commission approved the
2022 BIG Tier 1 Subrecipient Grant Agreement with the City of Dubuque; and
WHEREAS, the City will be responsible for the lead agency role for administering
the federal 2022 BIG Tier 1 grant; and
WHEREAS, Dubuque Marina has agreed to contribute the $117,500 local match
funds as committed to in the original grant application.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQE, IOWA, THAT:
SECTION 1. That said 2022 BIG Tier 1 Subrecipient Grant Agreement (Agreement
No. 24CRDFBGSCHO-0002) with the Iowa Department of Natural Recourses to assist
with funding to perform maintenance dredging at Dubuque Marina is hereby approved.
SECTION 2. That the Mayor be authorized and directed to execute the 2022 BIG
Tier 1 Subrecipient Grant Agreement (Agreement No. 24CRDFBGSCHO-0002) with the
Iowa Department of Natural Recourses.
Passed, approved and adopted this 20th day of November 2023.
Attest: Brad M. Cav gl'i, Mayor
Adrienne N. Breitfelder, City Clerk
Iowa Department of Natural Resources
SUBRECIPIENT GRANT AGREEMENT
24CRDFBGSCHO-0002
PROJECT TITLE: 2022 BIG Tier 1— Dubuque Marina
SUBAWARD BUDGET PERIOD AND PROJECT PERIOD OF PERFORMANCE: August 1, 2023 — December
31, 2024
FEDERAL AWARDING AGENCY: U.S. Fish and Wildlife Service
FEDERAL AWARD NUMBER: F23AP03493
NOT TO EXCEED AMOUNT OF REIMBURSEMENT TO SUBRECIPIENT: $200,000.00
This Contract was approved by the Natural Resource Commission on November 9, 2023.
IN WITNESSTHEREOF, the parties hereto have entered into this Agreement on the day and year last specified
below.
DEPARTMENT OF NATURAL RESOURCES
Digitally signed by Kayla Lyon
By: Date: 2023.11.09 15:58:34 -06'00' Date:
Kayla Lyon, Director
SUBRECIPIENT—CIT U
By: Date: 11 /07/2023
Cavana yor
For DNR use only:
1. Retain a signed copy of the Agreement in the project file and send a copy (hardcopy or electronic)
within 10 days of DNR Agreement signature to Kara.Bryant@dnr.iowa.gov.
Agreement # 24CRDFBGSCHO-0002
1. Parties and Authority. The parties to this Subaward Grant Agreement (Agreement) are the Iowa
Department of Natural Resources (DNR), an agency of the State of Iowa and the Pass -Through Entity
(PTE), and City of Dubuque, Iowa (the Subrecipient). The parties make this Agreement under the
authority of Iowa Code section 455A.4(6) and 456A.24.
1.1 Project Managers. Each party has designated a Project Manager, who shall be responsible
for oversight of this Agreement and shall be involved in negotiating any Agreement modifications:
DNR Project Manager: George Scholten, Fisheries Supervisor
502 E. 91" St.
Des Moines, Iowa 50319
515-371-6915
Reorge.scholten@dnr.iowa.gov
DNR Administration: Kara Bryant, Federal Aid Coordinator
502 E. 91" St.
Des Moines, Iowa 50319
515-587-7409
kara.bryant@dnr.iowa.gov
Subrecipient Administration and Project Manager: Robert Schiesl, P.E.
Assistant City Engineer
City of Dubuque, Iowa
City Hall, 50 W 13th Street, Dubuque, IA 52001
563-589-4270
bschiesl@citvofdubuque.org
Purpose. Expenditures for this Agreement are partially funded by federal funds. The DNR has received
a federal grant under the terms and conditions of Sportfishing and Boating Safety Act (CFDA # 15.622)
awarded by U.S. Fish and Wildlife Service. The DNR hereby awards a cost -reimbursable Subaward to
Subrecipient. The parties have entered into this Agreement to conduct the following Project:
The objective is to dredge areas near and around the existing transient dock and continuing southeast
toward the existing transient/fuel/water/pump-out dock. This will provide boaters safe access to the
amenities of the Dubuque Marina and the City of Dubuque. It will also provide safe harbor for daily
and overnight docking. Bathroom and shower facilities are currently available to these transient
boaters.
2. Term of Agreement. The term of this Agreement shall be August 1, 2023, through December 31, 2024,
unless terminated earlier in accordance with the Termination section. However, payment for any work
performed under this Agreement shall not be made until it has been signed by both parties. All costs
incurred prior to execution are at the Subrecipient's risk. No costs shall be incurred by the
Subrecipient before August 1, 2023, or after December 31, 2024; and the Subrecipient shall submit all
invoices and supporting documentation by February 28, 2025.
3. Definitions.
"Budget Period" means the time interval from the start date of a funded portion of an award to the
end date of that funded portion during which recipients are authorized to expend the funds
awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308.
Agreement # 24CRDFBGSCHO-0002
"Deliverables" means the services to be delivered to the DNR by Subrecipient, or on behalf of
Subrecipient pursuant to this Agreement. Deliverables shall include the tasks set out in this
Agreement and everything delivered to the DNR by Subrecipient that is related to the tasks, such as
reports, documentation, designs, copy, artwork, data, information, graphics, images, processes,
techniques, materials, plans, papers, forms, studies, modifications, content, concepts, and all other
tangible works, materials and property of every kind and nature.
"Project Period" means the time during which the non -Federal entity may incur new obligations to
carry out the work authorized under the Federal award.
4. Statement of Work. Subrecipient shall perform the following Tasks to complete the Project,
consistent with the DNR's Grant Proposal and the Federal Award, which are attached as Attachments
A and B, respectively, and are incorporated by reference into this Agreement. Subrecipient shall
complete its obligations under this Agreement by the Task Milestone Dates set out in the following
table. If Subrecipient is not able to complete Tasks as stated herein or by the Task Milestone Dates
stated herein, then Subrecipient shall inform the DNR in writing in the required reports.
Project Tasks
Task Milestone Date
Completion Date
Task 1: Review and Approval of Procurement Process
Description: In order to be eligible for reimbursement, or for
This Task shall occur
30 days before start of
costs to be eligible for match, the subrecipient is responsible
before work begins on
Task 2
for compliance with 2 CFR 200 Subpart D - Procurement
Task 2.
Standard (200.317 — 200.327). The subrecipient shall
document compliance with all applicable sections and provide
the DNR with the following documents before proceeding to
Task 2:
• Bid specifications presented to prospective bidders;
• Copy of all bid tabulations;
• Copy of executed contracts;
• If a single -source procurement was utilized, a statement
of justification must be provided as to why the
Agreement was not competitively procured. In
Subrecipient explanation, please include a reason why
these costs are reasonable.
The DNR shall review this documentation within 30 days and
inform the Subrecipient when work can begin on Task 2.
Similarly, the Subrecipient shall provide the DNR with any
proposed Agreement amendments or change orders for
review and approval prior to execution. Documentation of
amendments and change orders shall be provided to the DNR.
Task 2: Dredge Marina transient boat dockage area
Description: The Subrecipient shall dredge areas near and
This Task shall occur
December 31, 2024
around the existing transient dock and continuing southeast
throughout the term of
toward the existing transient/fuel/water/pump-out dock.
this Agreement.
This will provide boaters safe access to the amenities of the
Dubuque Marina and the City of Dubuque. It will also provide
safe harbor for daily and overnight docking. Bathroom and
shower facilities are currently available to these transient
boaters.
In the event that this Agreement and Attachments A and B are inconsistent, the following shall be
the order of precedence: (1) this Agreement, (2) Attachment A, and (3) Attachment B.
Agreement # 24CRDFBGSCHO-0002
5. Budget. Payment shall be for satisfactory completion of the requirements outlined in this Agreement,
including Attachments A and B, provided that Subrecipient has complied with the terms of this
Agreement. This Federal Sub -Award will become effective on August 1, 2023, with a total Federal
share not to exceed $200,000.00. The budget for this Agreement shall be as set out below:
Task
Unit
Amount per
Total Cost
Subrecipient
Costs Eligible
Unit (cubic
prorated costs
for 75%
yard)
for non-
reimbursement
transient users
(16%)
Task 1:
NA
NA
$0
NA
$0
Review and
Approval of
Procurement
Process
Task 2:
Estimated
$21.81
$317,500
$50,800
$266,700
Dredge
14,577 cubic
Marina
yards
transient boat
dockage area.
6. Submission of Invoices. Invoices shall also serve as project progress reports and financial reports, with
the final invoice serving as the final project report and final financial report. Therefore, Invoices shall
be submitted to the DNR electronically on the template, which will be provided by the DNR. Invoices
shall contain all requested information in the DNR's template with the following certification, signed
by an official who is authorized to legally bind the non -Federal entity:
By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and
cash receipts are for the purposes and objectives set forth in the terms and
conditions of the Federal award. 1 am aware that any false, fictitious, or
fraudulent information, or the omission of any material fact, may subject me to
criminal, civil, or administrative penalties for fraud, false statements, false
claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections
3729-3730 and 3801-3812).
The DNR shall have the right to dispute any invoice item submitted for payment and to withhold
payment of any disputed amount if the DNR reasonably believes the invoice is inaccurate or incorrect
in any way.
The Subrecipient shall submit at least two invoices no more than 30 days after the end of the
following two periods: Period 1: August 1, 2023, through July 31, 2024; and Period 2: August 1, 2024,
through December 31, 2024; however, Subrecipient may invoice more frequently.
Original invoices, which shall include the DNR agreement number in a prominent place, shall be
submitted electronically to:
Iowa Department of Natural Resources
Attention: George Scholten, Iowa DNR
Email: george.scholten@dnr.iowa.gov
DNR Subrecipient Grant Agreement Number: 24CRDFBGSCHO-0002
Agreement # 24CRDFBGSCHO-0002
7. Payment of Invoices. The DNR shall pay approved invoices in arrears and in conformance with Iowa
Code section 8A.514. Unless otherwise agreed to in writing by the parties, the Subrecipient shall not
be entitled to receive any other payment or compensation from the State for any services provided
by or on behalf of the Subrecipient under this Agreement. Payment will be issued to:
Nathan Kelleher, CPA
City of Dubuque, Iowa
City Hall, 50 W 13th Street, Dubuque, IA 52001
563-589-4141
nkellehe@cityofdubuque.org
8. Amendments. Agreement may be amended only by written agreement of the parties.
9. Termination Upon Notice. Any time after signing this Agreement, either the DNR or the Subrecipient
may terminate this Agreement, in whole or in part, for any reason whatsoever, upon at least 30 days
written notice to the Subrecipient. If the Awarding Agency terminates the Federal Award, the DNR
will terminate in accordance with the Awarding Agency requirements.
9.1 If the DNR terminates this Agreement, the Subrecipient will be paid for any non -cancellable
obligation properly incurred by the Subrecipient prior to termination. Payment will be made
only upon submission of invoices and proper proof of Subrecipient's claim. Subrecipient shall
return any unused grant funds to DNR within 30 days of termination.
9.2 If Subrecipient terminations this Agreement, Subrecipient shall not incur any new obligations
using grant funds and shall use its reasonable best efforts to cancel as many outstanding
obligations of grant funds as possible. Subrecipient shall return any unused grant funds to DNR
within 30 days of termination, or the Federal Awarding Agency or the DNR may choose to
proceed in compliance with the provisions of 2 CFR § 200.339.
10. Indemnification. Subrecipient agrees to indemnify and hold harmless the State of Iowa and the DNR,
its officers, employees and agents appointed and elected and volunteers from any and all costs,
expenses, losses, claims, damages, liabilities, settlements and judgments, including reasonable value
of the time spent by the Attorney General's Office, and the costs and expenses and reasonable
attorneys' fees of other counsel required to defend the State of Iowa or DNR, related to or arising
from the Subrecipient's acts or omissions pursuant to this Agreement. Indemnification obligations of
the Subrecipient shall survive termination of this Agreement.
11. Right to review and observe; access to records. The DNR shall have the right to review and observe,
at any time, completed work or work in progress related to the Agreement. The Subrecipient shall
permit the DNR or its agents to access and examine, audit, excerpt and transcribe any directly
pertinent books, documents, reports, papers and records of the Subrecipient relating to orders,
invoices, or payments or any other documentation or materials pertaining to this Agreement. Upon
the request of the DNR, the Subrecipient shall deliver to the DNR or its agents said documentation or
materials.
12. Public Records; Records Retention. All records submitted to or inspected by the DNR regarding this
Agreement, including this Agreement, shall be public records and subject to the Open Records Law in
Iowa Code Chapter 22. All records of the Subrecipient relating to this Agreement shall be retained by
Subrecipient for a period of three years following the date of final payment or completion of any
required audit, whichever is later.
13. Governing law. This Agreement shall be interpreted in accordance with the law of the State of Iowa,
and any action relating to the Agreement shall only be commenced in the Iowa District Court for Polk
County or the United States District Court for the Southern District of Iowa.
Agreement # 24CRDFBGSCHO-0002
14. Compliance with Laws. The Subrecipient agrees that, during the duration of and as a condition of the
state's duty to perform under the terms of this Agreement, it will be in compliance with all applicable
laws and regulations of the state and federal government, including but not limited to Title VI of the
Civil Rights Act and other Federal statutes and regulations prohibiting discrimination in Federal financial
assistance programs, as applicable; 2 CFR Chapter I, Chapter II, Part 200, et al. (Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards; Final Rule); Equal
Employment Opportunity provisions; Occupational Health and Safety Act; minimum wage
requirements; audit requirements; and allowable costs.
15. Certifications and Assurances. By signing this Subaward, the Subrecipient Authorized Official certifies,
to the best of his/her knowledge and belief, that no Federal appropriated funds have been paid or will
be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement in accordance with 2 CFR § 200.450.
15.1 If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or intending to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," to the PTE. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.
1352. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
15.2 Debarment, Suspension, and Other Responsibility Matters (2 CFR § 200.214 and 2 CFR § 180).
By signing this Subaward, the Subrecipient Authorized Official certifies, to the best of his/her
knowledge and belief that neither the Subrecipient nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in this transaction by any federal department or agency, in accordance with 2
CFR § 200.213 and 2 § CFR 180.
15.3 Audit and Access to Records. Subrecipient certifies that it will provide PTE with notice of any
adverse findings which impact this Subaward. Subrecipient certifies compliance with
applicable provisions of 2 CFR §§ 200.501-200.521. If Subrecipient is not required to have a
Single Audit as defined by 200.501, Awarding Agency requirements, or the Single Audit Act,
then Subrecipient will provide notice of the completion of any required audits and will provide
access to such audits upon request. Subrecipient will provide access to records as required by
parts 2 CFR §§ 200.337 and 200.338 as applicable.
15.4 Program for Enhancement of Subrecipient Employee Protections (41 U.S.0 § 4712).
Subrecipient is hereby notified that it is required to: inform its employees working on any
federal award that they are subject to the whistleblower rights and remedies of the program;
inform its employees in writing of employee whistleblower protections under 41 U.S.0 § 4712
in the predominant native language of the workforce; and include such requirements in any
agreement made with a subcontractor or subgrantee.
The Subrecipient shall require that the language of the certifications and assurances of this part be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
Agreement # 24CRDFBGSCHO-0002
15.5 Use of Name. Neither party shall use the other party's name, trademarks, or other logos in
any publicity, advertising, or news release without the prior written approval of an
authorized representative of that party. The parties agree that each party may use factual
information regarding the existence and purpose of the relationship that is the subject of
this Subaward for legitimate business purposes, to satisfy any reporting and funding
obligations, or as required by applicable law or regulation without written permission from
the other party. In any such statement, the relationship of the parties shall be accurately
and appropriately described.
15.6 Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment.
Pursuant to 2 CFR § 200.216, Subrecipient will not obligate or expend funds received under
this Subaward to: (1) procure or obtain; (2) extend or renew a contract to procure or obtain;
or (3) enter into a contract (or extend or renew a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services (as
described in Public Law 115-232, section 889) as a substantial or essential component of any
system, or as a critical technology as part of any system.
16. Assignment and Delegation. The Subrecipient may not assign, transfer, or convey in whole or in part
this Agreement without the prior written consent of the DNR. For the purpose of construing this
clause, a transfer of a controlling interest in the Subrecipient shall be considered an assignment. The
Subrecipient may not delegate any of its obligations or duties under this Agreement without the prior
written consent of the DNR.
17. Repayment Obligation. In the event that any funds are deferred and/or disallowed as a result of any
audits or expended in violation of this Agreement or the laws applicable to the expenditure of such
funds, the Subrecipient shall be liable to the DNR for the full amount of any claim disallowed and for
all related penalties incurred. If the DNR determines at any time, whether through monitoring, audit,
closeout procedures or by other means that the Subrecipient has received funds or requested
reimbursement for costs which are unallowable under the terms of this Agreement or applicable laws,
the Subrecipient will be notified of the questioned costs and given an opportunity to justify
questioned costs prior to the DNR's final determination of the disallowance of costs. If it is the DNR's
final determination that costs previously paid by the DNR are unallowable under the terms of the
Agreement, the expenditures will be disallowed and the Subrecipient shall immediately repay to the
DNR any and all disallowed costs.
18. Survival of Agreement. If any portion of this Agreement is held to be invalid or unenforceable, the
remainder shall be valid and enforceable.
19. Independent Contractor. The status of the Subrecipient shall be that of an independent contractor. The
Subrecipient, its employees, agents, and any subcontractors performing under this Agreement are not
by reason of this Agreement employees of agents of the State of Iowa or any agency, division or
department of the state. Neither the Subrecipient nor its employees shall be considered employees of
the DNR or the State of Iowa for federal or state tax purposes by reason of this Agreement. DNR will
not withhold taxes on behalf of the Subrecipient. The Subrecipient shall be responsible for payment of
any and all applicable taxes in connection with any income earned from performing this Contract.
20. Execution: By signing this Agreement, the Subrecipient agrees to the terms and conditions set forth in
this Agreement; failure to meet the terms and conditions of this Agreement may be cause for repayment
of all or part of the subaward.
Agreement # 24CRDFBGSCHO-0002
[THIS AREA INTENTIONALLY LEFT BLANK]
NOTICE OF AWARD
1. DATE ISSUED MM/DD/YYYY la. SUPERSEDES AWARD NOTICE dated
except that any additions or restrictions previously imposed
09/19/2023 remain in effect unless specifically rescinded
2. CFDA NO.
15.622 - Sportfishing and Boating Safety Act
3. ASSISTANCE TYPE Project Grant
4. GRANT NO. F23AP03493-00
Originating MCA #
4a.FAIN F23AP03493
6. PROJECT PERIOD MM/DD/YYYY
From 08/01/2023
7. BUDGET PERIOD MM/DD/YYYY
From 08/01/2023
8. TITLE OF PROJECT (OR PROGRAM)
Iowa-2022 BIG Tier 1-Dubuque Marina
5. TYPE OF AWARD
Other
5a. ACTION TYPE New
MM/DD/YYYY
Through
12/31/2024
MM/DD/YYYY
Through
12/31/2024
"CH 3, "o
AUTHORIZATION (Legislation/Regulations)
Sportfishing and Boating Safety Act -Boating infrastructure (16 U.S.C. §
777g-1)
9a. GRANTEE NAME AND ADDRESS
9b. GRANTEE PROJECT DIRECTOR
Ms. Kara Bryant
IOWA DEPARTMENT OF NATURAL RESOURCES
502 East 9th Street
502E 9th St
Des Moines, IA, 50319-5005
Des Moines, IA, 50319-5005
Phone:515-587-7409
10a. GRANTEE AUTHORIZING OFFICIAL
10b. FEDERAL PROJECT OFFICER
Ms. Kara Bryant
Dr. Thomas Weathers (Casey)
502 East 9th Street
5600 American Blvd West Suite 990
Des Moines, IA, 50319-5005
Bloomington, MN, 55437-5543
Phone:515-587-7409
Phone:612-283-1878
ALL AMOUNTS ARE SHOWN IN USD
11. APPROVED BUDGET (Excludes Direct Assistance)
112. AWARD COMPUTATION
I Financial Assistance from the Federal Awarding Agency Only
a. Amount of Federal Financial Assistance (from item 11m) $ 200,000.00
II Total
project costs including grant funds and all other financial participation
�I
b. Less Unobligated Balance From Prior Budget Periods $ 0.00
c. Less Cumulative Prior Award(s) This Budget Period $ 0.00
a, Salaries and Wages $ 0.00
d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION 200,000.00
b,
Fringe Benefits
$
0.00
13. Total Federal Funds Awarded to Date for Project Period Is
200,000.00
C.
Total Personnel Costs ................$
0.00
14. RECOMMENDED FUTURE SUPPORT
0.00
(Subject to the availability of funds and satisfactory progress of the project):
d.
Equipment
$
YEAR
TOTAL DIRECT COSTS
YEAR
TOTAL DIRECT COSTS
e.
Supplies .................................$
0.00
a. 2
$
f.
Travel .................................$
0.00
b.3
$
e. 6
$
9.
Construction ••• ..............................$
0.00
c. 4
$
f. 7
$
h.
Other .................................$
266,700.00
15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING
i.
Contractual """""""
$
0.00
ALTERNATIVES:
a. DEDUCTION
b. ADDITIONAL COSTS
[b]
j.
TOTAL DIRECT COSTS 10 $
266,700.00
c. MATCHING
d. OTHER RESEARCH (Add / Deduct Option)
e. OTHER (See REMARKS)
k.
INDIRECT COSTS
$
0.00
16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY
ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY
I.
TOTAL APPROVED BUDGET
$
266,700.00
OR BY REFERENCE IN THE FOLLOWING:
a. The grant program legislation
b. The grant program regulations.
This award notice including terms and conditions, if any, noted below under REMARKS.
m.
Federal Share $
200,000.00
d. Federal administrative requirements, cost principles and audit requirements applicable to this grant.
In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall
n.
Non -Federal Share $
66,700.00
prevail. Acceptance of the grant terns and conditions is acknowledged by the grantee when funds are drawn or otherwise
obtained from the grant payment system.
REMARKS (Other Terms and Conditions Attached -
Yes
O No)
GRANTS MANAGEMENT OFFICIAL:
Jim Hodgson, REGIONAL MANAGER
5600 AMERICAN BLVD. WEST, SUITE 990
BLOOMINGTON, MN, 55437
Phone:612-713-5131
17. VENDOR CODE 0070137860
18a. UEI MTXKH9WP4JN6 18b. DUNS 010272532
19. CONG. DIST. 03
LINE#
FINANCIAL ACCT
AMT OF FIN ASST
START DATE
END DATE
TAS ACCT
PO LINE DESCRIPTION
1
0051042202-00010
$200,000.00
08/01/2023
12/31/2024
8151
WSFR Grant
NOTICE OF AWARD (Continuation Sheet)
PAGE 2 of 10
DATE ISSUED
09/19/2023
GRANT NO. F23AP03493-00
Federal Financial Report Cycle
Reporting Period Start Date
Reporting Period End Date
Reporting Type
Reporting Period Due Date
08/01/2023
07/31/2024
Annual
10/29/2024
08/01/2024
12/31/2024
Final
04/30/2025
Performance Progress Report Cycle
Reporting Period Start Date
Reporting Period End Date
Reporting Type
Reporting Period Due Date
08/01/2023
07/31/2024
Annual
10/29/2024
08/01/2024
12/31/2024
Final
04/30/2025
BUDGET AND PROGRAM REVISIONS
1. WSFR Budget and Program Revisions
The recipient is permitted to re -budget within the approved direct cost budget to meet unanticipated requirements and may make
limited program changes to the approved project. However, certain types of post -award changes in budgets and projects shall
require the prior written approval of the Service. Refer to 2 CFR 200.308 for additional information on the types of changes that
require prior written approval.
Recipient does not need prior written approval from the service to make a cumulative transfer among direct categories or
programs,functions, activities which exceed, or are expected to exceed, 10 percent of the total approved budget.
AWARD CONDITIONS
1. WSFR TRACS Grant Entry
The recipient is responsible for entering grant and project statement information for this award into the Service's electronic
performance reporting system — TRACS (https://tracs.fws.gov). This information must be entered in TRACS within 60 calendar
days of the latter: (a) period of performance start date; or (b) the date the award was approved. The grant and project statement
information entered in TRACS must be consistent with the approved Project Statement (narrative) in GrantSolutions. If you need
assistance, please contact the WSFR Federal Project Officer identified in this Notice of Award.
2. WSFR Cost Accounting
Cost accounting is at the Grant/project/subaccount level.
3. WSFR Small Grants Match
The federal share of the total project costs cannot exceed L#%. The Grant Recipient is eligible to request Federal obligated funds
up to but not in excess of an amount equal to =of the total project expenditures. See also 2 CFR §200.306.
PAYMENTS
1. Domestic Recipients Enrolled in Treasury's ASAP System
The recipient will request payments under this award in the U.S. Treasury's Automated Standard Application for Payment
ASAP system. When requesting payment in ASAP, your Payment Requestor will be required to enter an Account ID. The
number assigned to this award is the partial Account ID in ASAP. When entering the Account ID in ASAP, the Payment
NOTICE OF AWARD (Continuation Sheet)
PAGE 3 of 10
DATE ISSUED
09/19/2023
GRANT NO. F23AP03493-00
Requestor should enter the award number identified in the notice of award, followed by a percent sign (%). Refer to the
ASAP.gov Help menu for detailed instructions on requesting payments in ASAP.
REPORT
1. WSFR Interim Financial Reports
The recipient is required to submit interim financial reports on an annual basis directly in GrantSolutions. The recipient must
follow the financial reporting period end dates and due dates provided in GrantSolutions. The interim reporting due dates are
available by signing in to GrantSolutions and selecting the menu for Reports>Federal Financial Report. The GrantSolutions
financial report data entry fields are the same as those on the SF-425, "Federal Financial Report" form. See also our instructional
video on "Completing the Federal Financial Report(SF-425)".
2. WSFR Interim Performance Reports
The recipient is required to submit interim performance reports on an annual basis directly in GrantSolutions. The recipient must
follow the performance reporting period end dates and due dates provided in GrantSolutions. The interim reporting due dates are
available by signing in to GrantSolutions and selecting the menu for Reports>FPR.
3. Final Reports
The recipient must liquidate all obligations incurred under the award and submit a final financial report in GrantSolutions no later
than 120 calendar days after the award period of performance end date. The GrantSolutions financial report data entry fields are
the same as those on the SF-425, Federal Financial Report form, h!Ws://www. rg ants.2ov/web/grants/forms/post-award-reporting`
forms.html . See also our instructional video on "Completing the Federal Financial Report
(SF425) hUs://fawiki.fws.gov/display/VLSV#VirtualLeamin2SeriesVideosHome-Completin2theFederalFinancialReport(SF-
425)
The recipient must submit a final performance report no later than 120 calendar days after the award period of performance end
date. Performance reports must contain: 1) a comparison of actual accomplishments with the goals and objectives of the award as
detailed in the approved scope of work; 2) a description of reasons why established goals were not met, if appropriate; and 3) any
other pertinent information relevant to the project results. Please include the Service award number on all reports.
The recipient must follow the final Federal Financial Report and the final Performance Report reporting period end dates and due
dates provided in GrantSolutions. The final reporting due dates are available by signing in to GrantSolutions and selecting the
menu for Reports>Federal Financial Report or Reports>FPR.
4. Reporting Due Date Extensions
Reporting due dates may be extended for an award upon request to the Service Project Officer identified in the notice of award.
The request should be sent by selecting the award in GrantSolutions and selecting send message. The message must include the
type of report to be extended, the requested revised due date, and a justification for the extension. The Service may approve an
additional extension if justified by a catastrophe that significantly impairs the award Recipient's operations. The recipient must
submit reporting due date extension requests through GrantSolutions to the Service Project Officer identified in their notice of
award before the original due date. The Service Project Officer will respond to the recipient after approval or denial of the
extension request.
NOTICE OF AWARD (Continuation Sheet)
5. WSFR TRACS Reporting
PAGE 4 of 10
DATE ISSUED
09/19/2023
GRANT NO. F23AP03493-00
The recipient is responsible for entering interim (if required) and final performance report information for this award into the
Service's electronic performance reporting system — TRACS (httns://tracs.fws. og_v) and attaching those reports from TRACS into
GrantSolutions by the report due date(s) as specified in GrantSolutions. Performance information entered in TRACS must provide
quantitative outputs to the approved Standard Objectives and narrative responses to the following questions. If the award includes
multiple project statements, the recipient must answer these questions for each project statement. If you need assistance, please
contact the WSFR Federal Project Officer identified in this Notice of Award.
1. What progress has been made towards completing the objective(s) of the project?
2. Please describe and justify any changes in the implementation of your objective(s) or approach(es)
3. If applicable, please share if the project resulted in any unexpected benefits, promising practices, new understandings, cost
efficiencies, management recommendations, or lessons learned.
4. For survey projects only: If applicable, does this project continue work from a previous award? If so, how do the current results
compare to prior results? (Recipients may elect to add attachments such as tables, figures, or graphs to provide further detail when
answering this question).
5. If applicable, identify and attach selected publications, photographs, screenshots of websites, or other documentation (including
articles in popular literature, scientific literature, or other public information products) that have resulted from this project that
highlight the accomplishments of the project.
6. Is this a project that you wish to highlight for communication purposes?
7. For CMS State fish and wildlife agencies only: If the grant is a CMS, has the agency submitted an update report every 3 years
detailing the CMS components: (a) inventory and scanning; (b) strategic plan; (c) operational plan; and (d) evaluation and control
have been reviewed and summaries included which provide detailed review results and recommendations?
6. Significant Developments Reports
See 2 CFR §200.329(e). Events may occur between the scheduled performance reporting dates that have significant impact upon
the supported activity. In such cases, recipients are required to notify the Service in writing as soon as the recipient becomes
aware of any problems, delays, or adverse conditions that will materially impair the ability to meet the objective of the Federal
award. This disclosure must include a statement of any corrective action(s) taken or contemplated, and any assistance needed to
resolve the situation. The recipient should also notify the Service in writing of any favorable developments that enable meeting
time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than
originally planned.
STAFF CONTACTS
1. Enter Program Officer Contact Information:
Program Officer Name
Program Officer Email Address
Program Officer Phone Number
SPECIAL TERMS AND REQUIREMENTS
NOTICE OF AWARD (Continuation Sheet)
1. WSFR Awards to States Purchasing Equipment
PAGE 5 of 10
DATE ISSUED
09/19/2023
GRANT NO. F23AP03493-00
The U.S. Fish and Wildlife Service approves the acquisition of equipment under this award, as budgeted in the project
application. In order to meet the requirements for substantial in character and design, the U.S. Fish and Wildlife Service is
applying the additional equipment requirements cited under 2 CFR 200.313(c) as a condition of this award. Beyond the
acquisition grant period of performance and throughout the duration of the equipment's useful life, the equipment must continue to
be used in the program or project for which it was acquired, as long as needed, whether or not the project or program continues to
be supported by the Federal award. When no longer needed for the original program or project, the equipment may be used in
other activities in the following order of priority:
1. Activities supported under a Federal award from the Federal awarding agency which funded the original program or
project;
2. Activities under Federal awards from other Federal awarding agencies; and then
3. Any activities consistent with the administration of the State fish and wildlife agency.
Terms and Conditions
1. Buy America Provision
Required Use of American Iron, Steel, Manufactured Products, and Construction Materials for Infrastructure
As required by Section 70914 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58), on or after May 14, 2022, none of
the funds under a federal award that are part of a Federal financial assistance program for infrastructure may be obligated for a
project unless all the iron, steel, manufactured products, and construction materials used in the project are produced in the United
States, unless subject to an approved waiver. Recipients must include the requirements in this section all subawards, including all
contracts and purchase orders for work or products under this program.
None of the funds provided under this award may be used for a project for infrastructure unless:
1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the
initial melting stage through the application of coatings, occurred in the United States,
All manufactured products used in the project are produced in the United States. This means the manufactured product
was manufactured in the United States, and the cost of the components of the manufactured product that are mined,
produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum amount of domestic content of the
manufactured product has been established under applicable law or regulation, and
all construction materials are manufactured in the United States. This means that all manufacturing processes for the
construction material occurred in the United States.
This Buy America preference only applies to articles, materials, and supplies consumed in, incorporated into, or affixed to an
infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply
to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, used at or within the finished
infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
For more information, visit the Department's Buy America site at www.doi.gov/grants/BuyAmerica and the Office of
Management and Budget's site at www.whitehouse.Qov/omb/management/made-in-america/.
Waivers
NOTICE OF AWARD (Continuation Sheet)
PAGE 6 of 10
DATE ISSUED
09/19/2023
GRANT NO. F23AP03493-00
There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as
described at www.doi.2ov/2rants/BuyAmerica/GeneralApl2licabilitvWaivers. If the specific financial assistance agreement,
infrastructure project, or non -domestic materials meets the criteria of an existing general applicability waiver within the
limitations defined within the waiver, the Recipient does not need to request a separate waiver for non -domestic materials.
When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements,
subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement
preference in any case in which it is determined that one of the below circumstances applies:
1. Non -availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the
United States in sufficient and reasonably available quantities or of a satisfactory quality,
2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the
United States will increase the cost of the overall project by more than 25 percent, or
3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public
interest.
If a general applicability waiver does not already apply, and the Recipient believes that one of the above circumstances applies to
an award, the Recipient may submit a request to waive the application of the domestic content procurement preference.
Waiver Submission Instructions
Recipients must submit all waiver requests to the Service in writing. Email all waiver requests to fwhgfasupportQfws.gov. Please
use the subject line: "Buy America Waiver Request". Include the following information with each waiver request:
1. Type of waiver requested (non -availability, unreasonable cost, or public interest)
2. Requesting entity name and Unique Entity Identifier (UEI)
3. Awarding bureau: U.S. Fish and Wildlife Service
4. Awarding program Assistance Listing number and title (Notice of Award, Block 2)
5. Project title (Notice of Award, Block 8)
6. Federal Award Identification Number (Notice of Award, Block 4)
7. Federal award amount (Notice of Award, Block 11)
8. Total infrastructure costs, to the extent know (federal and non-federal funds)
9. Infrastructure project description and location, to the extent known
10. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy
America requirements. Include the name, cost, countries of origin, if known, and relevant PSC or NAICS code for each
(see httus://psctool.us/ and hgps://www.census.2ov/naics/).
11. A certification that the Recipient made a good faith effort to solicit bids for domestic products supported by terms
included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.
12. A statement of waiver justification, including a description of the Recipient's efforts (e.g., market research, industry
outreach) to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America-
NOTICE OF AWARD (Continuation Sheet)
compliant bids received in response to a solicitation.
13. Anticipated impact if no waiver is issued.
PAGE 7 of 10
DATE ISSUED
09/19/2023
GRANT NO. F23AP03493-00
Do not include any Privacy Act information, sensitive data, or proprietary information with the waiver request.
Waiver Review Process
The Department will post waiver requests to www.doi.gov/,giants/buyamerica for the required 15-day public comment period. The
Made in America Office will also review all waiver requests. The Department will post approved waivers at
www.doi.gov/grantsBuyAmerica/ApprovedWaivers. The Service will notify Recipients of their waiver request determination by
email.
Definitions
Construction materials includes an article, material, or supply that is or consists primarily of.
• non-ferrous metals,
• plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber
optic cables),
• glass (including optic glass),
• lumber, or
• drywall.
Construction materials does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or
aggregate binding agents or additives.
Domestic content procurement preference means all iron and steel used in the project are produced in the United States; the
manufactured products used in the project are produced in the United States; or the construction materials used in the project are
produced in the United States.
Infrastructure includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and
bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight
and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission
facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that
generate, transport, and distribute energy.
Project means the construction, alteration, maintenance, or repair of infrastructure in the United States.
2. U.S. Fish and Wildlife Service
General Award Terms and Conditions
Recipients of U.S. Fish and Wildlife Service (Service) grant and cooperative agreement awards (hereafter referred to as `awards')
are subject to the terms and conditions incorporated into their Notice of Award either by direct citation or by reference to Federal
regulations; program legislation or regulation; and special award terms and conditions. Award terms and conditions are applicable
unless and until the USFWS removes or revises them in written notice to the recipient. The Service will make such changes by
issuing a written notice that describes the change and provides the effective date.
NOTICE OF AWARD (Continuation Sheet)
PAGE 8 of 10
DATE ISSUED
09/19/2023
GRANT NO. F23AP03493-00
Recipients indicate their acceptance of an award by starting work, drawing down funds, or accepting the award via electronic
means. Recipient acceptance of an award carries with it the responsibility to be aware of and comply with all terms and conditions
applicable to the award. Recipients are responsible for ensuring that their subrecipients and contractors are aware of and comply
with applicable award statutes, regulations, and terms and conditions. Recipient failure to comply with award terms and
conditions can result in the Service taking one or more of the remedies and actions described in Title 2 of the Code of Federal
Regulations (CFR) §§200.339-343.
A PDF of these terms and conditions with embedded links to all regulations is available on the Service's website
at: h=s://www.fws.gov/media/fws-financial-assistance-award-terms-and-conditions-2020-12-31. See also the Department of the
Interior's General Award Terms and Conditions on their website at: htWs://www.doi.g_ov/grants/doi-standard-terms-and-
conditions.
Administrative Requirements, Cost Principles, and Audit Requirements
These requirements and cost principles are applicable to all awards except those to individuals receiving the award separate from
any business or organization they may own or operate. Foreign public entities and foreign organizations must comply with special
considerations and requirements specific to their entity type, unless otherwise stated in this section. Foreign public entities must
comply with those for states.
2 CFR Part 200, Subparts A—D, as supplemented by 2 CFR Part 1402
Foreign public entities must follow payment procedures in 2 CFR §200.305(b). For foreign public entities and foreign
organizations, the requirements in 2 CFR §§200.321-323 do not apply.
Appendix XII to 2 CFR Part 200—Recipient Integrity and Performance Matters
Applicable to awards with a total Federal share of more than $500,000 except for awards of any amount to foreign public entities.
2 CFR Part 200, Subpart E—Cost Principles
Applicable to all domestic and foreign non -Federal entities except non-profit organizations identified in Appendix VIII to 2 CFR
Part 200.
48 CFR Subpart 31.2—Contracts with Commercial Organizations
Applicable to non-profit organizations identified in Appendix VIII to 2 CFR Part 200 and for -profit organizations.
Indirect Cost Proposals
Requirements for development and submission of indirect cost rate proposals are contained in Appendix III (Institutions of Higher
Education), Appendix IV (Nonprofit organizations), and Appendix VII (States, local government agencies, and Indian tribes) to 2
CFR Part 200. See also the DOI negotiated indirect cost rate deviation policies at 2 CFR § 1402.414. For -profit entities should
contact the DOI National Business Center, Office of Indirect Cost Rate Services at: htti s://ibc.doi.2ov/ICS/icma.
2 CFR Part 200, Subpart F—Audit Requirements
Applicable to U.S. states, local governments, Indian tribes, institutions of higher education, and nonprofit organizations. Not
applicable to foreign public entities, foreign organizations, or for -profit entities.
Statutory and National Policy Requirements
NOTICE OF AWARD (Continuation Sheet)
PAGE 9 of 10
DATE ISSUED
09/19/2023
GRANT NO. F23AP03493-00
These requirements are applicable to all awards, including those to individuals, for -profits, foreign public entities, and foreign
organizations, unless otherwise stated in this section.
Appendix A to 2 CFR Part 25—Universal Identifier and System for Award Management
Not applicable to individuals or any entity exempted by the awarding bureau or office prior to award per 2 CFR §25.110(c)(2) and
bureau or office policy.
Appendix A to 2 CFR Part 170—Award term for reporting subaward and executive compensation
Not applicable to individuals. See 2 CFR 170 for other exceptions.
2 CFR §175.15—Award Term for Trafficking in Persons
Applicable to private entities as defined in 2 CFR § 175.25(d), states, local governments, and Indian tribes. Applicable to foreign
public entities if funding could be provided to a private entity as a subrecipient under the award.
2 CFR Part 1400—Nonprocurement Debarment and Suspension
All recipients must ensure they do not enter into any covered transaction with an excluded or disqualified participant or principal.
See also 2 CFR Part 180--OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). 2
CFR § 180.215 defines nonprocurement transactions that are not covered transactions.
2 CFR Part 1401—Requirements for Drug -Free Workplace (Financial Assistance)
Not applicable to foreign public entities or foreign organizations.
43 CFR Part 18—New Restrictions on Lobbying
Recipients are prohibited from using any federally appropriated funds (annually appropriated or continuing appropriations) or
matching funds under a Federal award to pay any person for lobbying in connection with the award. Lobbying is influencing or
attempting to influence an officer or employee of any U.S. agency, a Member of the U.S. Congress, or an officer or employee of a
Member of the U.S. Congress in connection with the award.
41 U.S.C. §4712—Whistleblower Protection for Contractor and Grantee Employees
41 U.S.C. §6306—Prohibition on Members of Congress Making contracts with Federal Government
Mandatory Disclosures
Failure to make required disclosures may result in any of the remedies for noncompliance described in 2 CFR §200.339, including
suspension or debarment (see also 2 CFR Part 180).
Conflicts of interest: Per 2 CFR § 1402.112, non -Federal entities and their employees must take appropriate steps to avoid
conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements. In the procurement of
supplies, equipment, construction, and services by recipients and by subrecipients, the provisions in 2 CFR §200.318 apply. Non -
Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI
awarding agency or pass -through entity in accordance with 2 CFR §200.112. Recipients must establish internal controls that
include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is
responsible for notifying the Service Project Officer identified in their notice of award in writing of any conflicts of interest that
may arise during the life of the award, including those that reported by subrecipients. The Service will examine each disclosure to
NOTICE OF AWARD (Continuation Sheet)
PAGE 10 of 10
DATE ISSUED
09/19/2023
GRANT NO. F23AP03493-00
determine whether a significant potential conflict exists and, if it does, work with the applicant or recipient to develop an
appropriate resolution. Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for
termination of the award.
Lobbying: If the Federal share of the award is more than $100,000, recipients must disclose making or agreeing to make any
payment using non -appropriated funds for lobbying in connection with the award. To make such disclosures, recipients must
complete and submit the SF-LLL, "Disclosure of Lobbying Activities"form to the USFWS. This form is available at:
https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html. For more information on when additional submission
of this form is required, see 43 CFR, Subpart 18.100. These restrictions are not applicable to such expenditures by Indian tribe,
tribal organization, or any other Indian organization that is specifically permitted by other Federal law.
Other Mandatory Disclosures: Recipients and subrecipients must disclose, in a timely manner, in writing to the Service Project
Officer identified in their notice of award or pass -through entity all violations of Federal criminal law involving fraud, bribery, or
gratuity violations potentially affecting the Federal award. Non -Federal entities subject to the 2 CFR 200, Appendix XII—Award
Term and Condition for Recipient Integrity and Performance Matters are required to report certain civil, criminal, or
administrative proceedings to SAM.
National Policy Encouragements
Executive Order 13043—Increasing Seat Belt Use in the United States
Non -Federal entities are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when
operating company -owned, rented, or personally owned vehicles. Individuals are encouraged to use seat belts while driving in
connection with award activities.
E. O. 13513—Federal Leadership on Reducing Text Messaging While Driving
Non -Federal entities are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting
initiatives of the type described in section 3(a) of the order. Individuals are encouraged to not text message while driving in
connection with award activities.
10
Grant Proposal
Report Information
Descriptive Name Iowa-2022 BIG Tier 1-Dubuque Marina
Report Date Jul 20, 2023
Federal Award Start Date
Aug 01, 2023
FederalAward End Date
Dec 31, 2024
Location of Work
Iowa
Grant Number
State Grant Number
Y-D
Recipient Contacts
Kara Bryant
Randy Schultz
Federal Grant Specialists Thomas Weathers
Grant Funding Programs Boating Infrastructure Grants Program (Tier I &II)
Public Description
This project will provide transient boaters, and boaters who operate vessels 26 feet or larger, access to docking and safe harbor
facilities, fueling, pump -out, bathroom and shower facilities, access to clean water, electricity, and other utilities, as well as access
to the many recreational and cultural amenities of the Dubuque, Iowa. This will be accomplished by dredging areas near and around
the existing transient dock to provide safe access to amenities of the City of Dubuque and Dubuque Marina.
Additional Information
Organization Type State Government
Single Audit Statement A State Government that was required to submit a Single Audit report for the organization's most recently
closed fiscal year and that report is not available on the Federal Audit Clearinghouse Single Audit Database
website.
Indirect Cost Statement ArmlicantlndirectCostStatement-GovernmentEntities
Conflict of Interest Disclosure Statement
There is no conflict of interest now or in the foreseeable future
Links to Project Statements
Iowa-2022 BIG Tier 1- Dubuaue Marina
Report Generated on: 7/20/23 Page 1 of 4
Iowa-2022 BIG Tier 1- Dubuque Marina
Point of Contact Randy Schultz
Project State Iowa
Location Description
GPS Location
Northing - 42:31:26
Westing - 90:38:35
Statement Narratives
Need
The Mississippi River borders eastern Iowa for 310 river miles. Located in the heartland of the United States, the river is one of the
United States most picturesque regions, offering a unique combination of scenic beauty, history, and outdoor recreational
opportunities.
Today, recreational boating is still a significant economic activity on the Mississippi River. River cities not only commemorate Iowa
history with museums, but they offer plenty of tourism opportunities including minor league baseball games, biking, river boat
gambling, sport fishing, boating, swimming, wildlife viewing, interpretive centers, park activities, antique shopping, jazz festivals
and dining.
Although the Mississippi River supports millions of boating activity days, boating is negatively affected by silting caused by the
natural forces of the Mississippi River. This silting can make transient boat docks, fueling stations, pump -out facilities, and other
necessary services inaccessible for transient boaters. Unfortunately, those transient boaters require safe navigational access to
boat docks, gas pumps, full -service restaurants, pump out facilities, shower facilities, boat repair center and boat hoists, to name a
few.
The proposed project located at the junction of the Dubuque Marina harbor and the Peosta Channel just below Lock and Dam #11
in the City of Dubuque, Iowa will meet the needs of transient boaters as they travel north or south on the Mississippi River. There
are currently two floating docks accessible by transient boaters in the Dubuque Marina. The first is a daily or overnight transient
dock equipped to handle up to 14 boats 26ft or longer. The second is a combination transient dock for up to 6 boats 26ft or longer
with fuel pumps, convenience store, clean water and pump -out station. Both these docks provide transient boaters with access to
full -service shower, laundry, restaurant, repair service and local City of Dubuque amenities.
The Dubuque Marina is the first and last full -service marina south of Lock and Dam #11. Lock and Dam #11 provides a
navigational channel for all boaters including commercial barges. These barges can take hours to lock through, which can delay
transient boaters in either direction for hours. This delay can put a strain on the onboard facilities of the transient boat. Dubuque
Marina provides convenient access for these boaters waiting to continue their journey to restock their amenities such as food, fuel,
clean water and pump out services. The Dubuque Marina transient docks and amenities also provide these boaters with a safe daily
or overnight relief from their trip. This project will ensure transient boaters have safe navigational waters to access amenities they
need prior to continuing their journey north or south.
The proposed project is a short walking distance from McDonald Park which has several family -oriented amenities such as biking
and walking trails, playgrounds, picnic areas, and an outside music venue which hosts several annual festivals. The Dubuque
Marina transient boating docks are also within a short taxi ride of downtown Dubuque where visitors will find museums, casinos,
retail shops, local breweries, numerous restaurants, and entertainment venues.
So, in addition to transient boat amenities, the proposed project will provide transient boaters access to all the recreational and
cultural amenities that Dubuque has to offer.
It is anticipated that at least 7,500 transient boaters will use the facility on an annual basis.
Purpose
The ultimate purpose of the project is to provide transient boaters, and boaters who operate vessels 26 feet or larger, access to
docking and safe harbor facilities, fueling, pump -out, bathroom and shower facilities, access to clean water, electricity, and other
utilities, as well as access to the many recreational and cultural amenities of the Dubuque, Iowa.
Results and Benefits
Activities completed at the Dubuque Marina will include:
• Creating a safe navigational waterway for dockage of transient recreational boats 26 feet or more in length for recreational
opportunities and safe harbors.
• Ensure safe access to dockage for essential bathroom and shower facilities for transient boaters.
• Ensure safe access to fuel, water, pump out, convenience store items, restaurant, boat repair services and emergency pull-out
services.
• Provide utility services for transient boaters.
• Enhance access to recreational, historic, cultural, natural, and scenic resources.
• Strengthen local ties to the boating community and its economic benefits.
Budget Narrative
Report Generated on: 7/20/23 Page 2 of 4
Total Requested Federal Share: $200,000 (75%)
Total Non -Federal Share: $66,700 (25%)
Estimated Project Budget
$317,500
Estimated Eligible BIG Users
84%
Eligible Costs for BIG Funding
$266,700
BIG Tier 1 Funds
$200,000
State Match
$0
Sub -recipient 25% Match
$66,700
Sub -recipient prorated costs for non -transient users
$50,800
Sub -recipient total funds
$117,500
This application is requesting funding for dredging services. The project budget was determined
from Newt Marine's estimate for removal of 14,557 cubic yards of river bed material.
The proposed facilities will be shared use.
The marina has 230 slips available for rent with water and electricity included.
Annual occupancy is 85% or 195 slips rented.
Docks A, B - (25 slips) do not use the dredged area to access the river.
Docks C - (40 slips) boats cross loft wide portion of the dredged area to access the river.
Docks D, E, F, G, H, I, j - (130 slips) do not use dredged area to access the river.
Of the 195 slips, 50% or 98 boats will use the dredged area once a month for access to fuel and/or pump -out.
Transient boaters are estimated at 500 per month using the transient docking areas, fuel, water, pump -out, etc.
Therefore, 84% of the users of the dredged area are Transient boaters.
Program Income: The Dubuque Marina does not anticipate earning any gross income either directly from the grant or as a result of
the grant.
Overlap or Duplication of Effort Statement: There is currently no other related work funded by Federal grants that is planned,
anticipated or underway for the dredging. There were no previous grants relating to this application or work being proposed.
Equipment Narrative
Not Applicable
Useful Life Narrative
The estimated useful life of the dredging project is impossible to do. The life of the dredging will be impacted daily by the weather
in the upper Mississippi River basin and the resulting water flow that leaves silt and mud behind.
Is This a Multipurpose Grant?
Not Applicable
Relationship to Other Grants
Not Applicable
Timeline
Period of Performance: August 1, 2023 - December 31, 2024
August - October 2023 - Draft and finalize agreement with City of Dubuque
August - October 2023 - Environmental compliance and coordination
October 2023 - December 2024: Dredging begins and completes
Quantitative Performance Reporting Data
Objective Name Dredge areas around the existing transient dock and existing transient/fuel/water/pump-out dock
Strategy Facilities/Areas Construction, Renovation or Acquisition
Proposed Objective Construct, renovate or acquire facilities
Report Generated on: 7/20/23 Page 3 of 4
Activity Recreational boating facilities
• Docks
Proposed # FaciLities 1.0000
Objective Approach
The City of Dubuque will contract with a dredging company to remove river bed material near and around the existing transient
dock and continuing southeast toward the existing transient/fuel/water/pump-out dock (Figure 4). The Dubuque Marina Project
Manager will visually monitor dredging operations on a daily basis to ensure enough material is removed from the correct areas.
The Dubuque Marina (dredge location) is not located in a historic preservation area as defined by NHPA.
A Regional Permit was granted to the City of Dubuque on March 30, 2023 for continued dredging in the Dubuque Marina; this is a
three-year permit that will end on March 29, 2026 (Permit Number: CEMVR-RD-2023-0427).
Descriptive Name
Field Tags
Attachment Type
Link
BIG City of Dubuque Fig
Approach Narrative
Project Statement
Approach / Engineering
Design / Drawing
httos://tracs.fws.ciov/tx svc
s/sec/attachment/8452681
Project Statement Attachments
Descriptive Name
Field Tags
Attachment Type
Link
BIG City of Dubuque Fig
Project Statement Location
Description
Project Statement Approach
/ Map
https://tracs.fws.gov/tx svcs
/sec/attachment/8452451
BIG City of Dubuque Fig
Project Statement Location
Description
Project Statement Approach
/ Map
https://tracs.fws.gov/tx svcs
/sec/attachment/8452471
BIG City of Dubuque Fig
Project Statement Location
Description
Project Statement Approach
/ Map
htt[)s://tracs.fws.gov/tx svcs
/sec/attachment/8452461
Report Generated on: 7/20/23 Page 4 of 4