2024 Boating Infrastructure Tier 1 Grant - Dredge Dubuque Marina: Approve Iowa Department of Natural Resources Subrecipient Grant AgreementCity of Dubuque CONSENT ITEMS # 7.
City Council
ITEM TITLE:
SUMMARY:
SUGGUESTED
DISPOSITION:
Copyrighted
October 7, 2024
2024 Boating Infrastructure Tier 1 Grant - Dredge Dubuque
Marina: Approve Iowa Department of Natural Resources
Subrecipient Grant Agreement: Iowa DNR Agreement No.
25CRDFBGSCHO-0001: USFWS Agreement No.
F24AP01981
City Manager recommending City Council approval and
authorization for the Mayor to execute the Subrecipient Grant
Agreement (Agreement No. 25CRDFBGSCHO-0001) with
the Iowa Department of Natural Resources (Iowa DNR) for
the 2024 Boating Infrastructure Tier 1 Grant (BIG Tier 1) to
assist with funding to perform maintenance dredging at
Dubuque Marina.
RESOLUTION Approving a 2024 Boating Infrastructure Tier
1 Grant Subrecipient Agreement (Agreement No.
25CRDFBGSCHO-0001) with the Iowa Department of
Natural Resources to assist with maintenance dredging at
Dubuque Marina
Receive and File; Adopt Resolution(s)
ATTACHMENTS:
1. MVM Memo
2. 2024 BIG Tier 1 Dbq Marina Dredging - Approve Subrecipient Grant Agreement -
Council Staff MEMO
3. 2024 BIG Tier 1 Dbq Marina Dredging - Approve Subrecipient Grant Agreement -
Council RESOLUTION
4. 25CRDFBGSCHO-0001 - Subrecipient Grant Agreement for 2024 Big Tier 1 -
Dubuque Marina
Page 210 of 674
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
bikd
AH erla City
111111
2007•2012.2013
2017*2019
SUBJECT: 2024 Boating Infrastructure Tier 1 Grant - Dredge Dubuque Marina
Approve Iowa Department of Natural Resources Subrecipient Grant
Agreement
Iowa DNR Agreement No. 25CRDFBGSCHO-0001
USFWS Agreement No. F24AP01981
DATE: October 1, 2024
Assistant City Engineer Robert Schiesl is recommending City Council approval and
authorization for the Mayor to execute the Subrecipient Grant Agreement (Agreement
No. 25CRDFBGSCHO-0001) with the Iowa Department of Natural Resources (Iowa
DNR) for the 2024 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.
Michael C. Van Milligen
MCVM:sv
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
Page 211 of 674
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Robert Schiesl, Assistant City Engineer
DATE: September 30, 2024
Dubuque
All -America City
'I'I 1'
2007.2012.-2013
2017*2019
RE: 2024 Boating Infrastructure Tier 1 Grant - Dredge Dubuque Marina
Approve Iowa Department of Natural Resources Subrecipient Grant Agreement
Iowa DNR Agreement No. 25CRDFBGSCHO-0001
USFWS Agreement No. F24AP01981
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. 25CRDFBGSCHO-0001) with the Iowa Department of Natural
Recourses (Iowa DNR) for the 2024 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.
On September 5, 2023, per Resolution 284-23, the City Council authorized staff to
submit a grant application to the US Fish and Wildlife Service and Iowa Department of
Natural Recourses for the 2024 Boating Infrastructure Tier 1 (BIG Tier 1) to assist with
funding to perform maintenance dredging at Dubuque Marina. 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.
On July 11th, 2024, the Iowa DNR Commission approved the 2024 BIG Tier 1 grant
award and the Subrecipient Grant Agreement.
PROJECT DEVELOPMENT TIMELINE
The City plans to perform dredging work for the 2024 BIG Tier 1 project in 2025.
BIG TIER 1 GRANTS - DREDGING PLAN
1
Page 212 of 674
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 was used to complete 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.
LEGEND
At 7.00' River Stage
Above Water
0' - 1' Deep
1' - 2' Deep
2' - 3' Deep
3' - 4' Deep
4' - 5' Deep
GAS/TRANSIENT
DOCK
C DOCK
TRANSIENT DOCK
3' DOCK
Completed
Summer 2024
Summer 2025
Figure 1 - Dubuque Marina Areas to be Dredged
2022 BIG Tier 1 grant funding was used to complete maintenance dredging in the
summer of 2024 within the area outlined in RED.
The 2024 BIG Tier 1 grant funding will be used to perform maintenance dredging within
the area outlined in GREEN during the summer of 2025.
2
Page 213 of 674
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
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 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
The original 2024 BIG Tier 1 grant application submitted by the City requested $170,271
in grant funds along with $100,000 to be contributed as the local match to grant funds.
With the City's Notice of Award for the 2024 BIG Tier 1 grant funding the City was
awarded $170,100. Prior to proceeding with the 2024 BIG Tier 1 Grant - Maintenance
Dredging Project, the City will enter into a funding agreement with Dubuque Marina for
the local match.
The proposed project funding is summarized as follows:
Description
Fund Amount
2024 BIG Tier 1 Grant Award
$ 170,100.00
Private Participation - Dubuque Marina (Local Match)
100,000.00
Total Dredge Funding
$ 270,100.00
RECOMMENDATION
I recommend that the City Council adopt the enclosed resolution and authorize the
Mayor to sign the Subrecipient Grant Agreement (Agreement No. 25CRDFBGSCHO-
0001) with the Iowa Department of Natural Recourses for the 2024 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.
25CRDFBGSCHO-0001) with the Iowa Department of Natural Recourses for the 2024
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
George Scholten, Iowa DNR
Dubuque Marina
3
Page 214 of 674
Attachment
F:\PROJECTS\DREDGING PROJECTS\2024 Maintenance Dredge\2024 DNR BIG Tier 1 Grant\DNR BIG Tier 1
Grant Funding Agreement
4
Page 215 of 674
Prepared by Robert Schiesl City of Dubuque Engineering 50 W. 13'h St. Dubuque, IA 52001 (563) 589-4270
Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 13''' St. Dubuque, IA 52001 (563) 589-4100
RESOLUTION NO. 307 - 24
RESOLUTION APPROVING A 2024 BOATING INFRASTRUCTURE TIER 1 GRANT
SUBRECIPIENT AGREEMENT (AGREEMENT NO. 25CRDFBGSCHO-0001) WITH
THE IOWA DEPARTMENT OF NATURAL RESOURCES TO ASSIST WITH
MAINTENANCE DREDGING AT DUBUQUE MARINA
WHEREAS, on September 5th, 2023, per Resolution 284-23, the City Council
authorized staff to submit the 2024 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 July 11th, 2024, the Iowa DNR Commission approved the 2024
BIG Tier 1 grant award and the Subrecipient Grant Agreement with the City of Dubuque
in the amount of $170,100; and
WHEREAS, the City will be responsible for the lead agency role for administering
the federal 2024 BIG Tier 1 grant.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQE, IOWA, THAT:
SECTION 1. That said 2024 BIG Tier 1 Subrecipient Grant Agreement (Agreement
No, 25CRDFBGSCHO-0001) 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 2024 BIG
Tier 1 Subrecipient Grant Agreement (Agreement No. 25CRDFBGSCHO-0001) with the
Iowa Department of Natural Recourses.
Passed, approved and adopted this 7th day of October 2024.
Attest:��
Adrienne N. Breitfelder, City Clerk
Br d`I [ Cava aag >. yor
Iowa Department of Natural Resources
SUBRECIPIENT GRANT AGREEMENT
25CRDFBGSCHO-0001
PROJECT TITLE: 2024 BIG Tier 1— Dubuque Marina
SUBAWARD BUDGET PERIOD AND PROJECT PERIOD OF PERFORMANCE: July 1, 2024 — December 31,
2025
FEDERAL AWARDING AGENCY: U.S. Fish and Wildlife Service
FEDERAL AWARD NUMBER: F24AP01981
NOT TO EXCEED AMOUNT OF REIMBURSEMENT TO SUBRECIPIENT: $170,100.00
This Contract was approved by the Natural Resource Commission on July 11, 2024.
IN WITNESS THEREOF, the parties hereto have entered into this Agreement on the day and year last specified
below.
DEPARTMENT OF NATURAL RESOURCES
By: Date:
Kayla Lyon, Director
SUBRECIPIENT — CITY OF D QUE
By:
M. Cavanagh, a or
Date: 10/0 ?/ Q-1
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 # 25CRDFBGSCHO-0001
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. 9th St.
Des Moines, Iowa 50319
515-371-6915
george.scholten@dnr.iowa.gov
DNR Administration:
Kara Bryant, Federal Aid Coordinator
502 E. 9th 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@cityofdubuque.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 July 1, 2024, through December 31, 2025,
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 July 1, 2024, or after December 31, 2025; and the Subrecipient shall submit all
invoices and supporting documentation by February 28, 2026.
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.
Page 218 of 674
Agreement # 25CRDFBGSCHO-0001
"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, 2025
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.
Page 219 of 674
Agreement # 25CRDFBGSCHO-0001
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 July 1, 2024, with a total Federal share
not to exceed $170,100.00. The budget for this Agreement shall be as set out below:
Task
Unit
Amount per
Unit (cubic
yard)
Total Cost
Subrecipient
prorated costs
for non-
transient users
(16%)
Costs Eligible
for 75%
reimbursement
Task 1:
Review and
Approval of
Procurement
Process
NA
NA
$0
NA
$0
Task 2:
Dredge
Marina
transient boat
dockage area.
Estimated
9,000 cubic
yards
$30.00
$270,000
$43,200
$226,800
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, 1 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. I 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: July 1, 2024, through June 30, 2025; and Period 2: July 1, 2025,
through December 31, 2025; 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: 25CRDFBGSCHO-0001
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Agreement # 25CRDFBGSCHO-0001
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.
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Agreement # 25CRDFBGSCHO-0001
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.
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Agreement # 25CRDFBGSCHO-0001
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.
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