Signed Contract_Memorandum of Agreement with Dubuque Trees ForeverCity of Dubuque
City Council
ITEM TITLE:
SUMMARY:
SUGGUESTED
DISPOSITION:
ATTACHMENTS:
Copyrighted
July 7, 2025
CONSENT ITEMS # 9.
Signed Contract(s)
Memorandum of Agreement with Dubuque Trees Forever;
Memorandum of Agreement with Cornerstone Government
Affairs, Inc.
Receive and File
1. 25_07_01 Dubuque Trees Forever Calendonia Park MOU and Memo for Council
2. 2025-2026 Metro Coalition -Cornerstone Agreement (CGA Signed)
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MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF DUBUQUE
AND
DUBUQUE TREES FOREVER
WHEREAS, Dubuque Trees Forever (DBQ Trees) approached the City of Dubuque (City)
about the creation of a community orchard; and
WHEREAS, the Parties agreed an orchard would provide a food source forthe community
and offer the residents an amenity not previously available in the community; and
WHEREAS, Caledonia Park was identified as a viable location for the orchard project
(Orchard); and
WHEREAS, this Memorandum of Agreement formalizes the terms for Orchard creation
and maintenance between the Parties.
NOW THEREFORE the Parties agree as follows:
1. DBQ Trees will
a. Plant trees and native plants according to the plan presented to the Parks
and Recreation Department, attached as Exhibit A.
b. Maintain the Park orchard, grass, and native plantings including but not
limited to general grounds maintenance, watering, mulching, pruning,
harvesting fruit, cleaning up fallen fruit, tree planting, removal, and/or
replacement and mowing.
c. Obtain a signed waiver, attached as Exhibit B, from every DBQ Trees
volunteer working in the Orchard and Park
d. Follow best practices for fruit tree and orchard care and maintenance
2. The City will:
a. Maintain sidewalks, including snow removal
b. Provide a trash receptacle should there become an established need for
one
3. In the event of noncompliance with a term of this Agreement by DBQ Trees the
City shall provide written notice to DBQ Trees which shall then have five (5) days
to cure the breach. If DBQ Trees fails to cure the breach within five (5) days, a
meeting will be held with DBQ Trees leadership to establish a resolution plan.
4. This Memorandum of Agreement shall remain in place unless terminated by either
Party with sixty (60) days written notice.
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DUBUQUE TREES FOREVER
CITY OF DUBUQUE
A���92 Wl 54
(Nauvie all ti i iilui'viduai sigiiiiig ) (i umt: 4 iiu title iiiui'viuuai sigiliiiy )
07/01 /2025
Date/Date
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EXHIBIT A
DBQ TREES ORCHARD PLAN
GALA -;DO 4% 0-1 �L
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EXHIBIT B
VOLUNTEER WAIVER
DUBUQUE TREES FOREVER TREE WORK PROJECT
VOLUNTEER RELEASE AND LIABILITY WAIVER
IMPORTANT, READ THIS DOCUMENT IN FULL BEFORE SIGNING?
I desire to participate as a volunteer with Dubuque Trees Forever (hereinafter "DBQ
Trees") to provide tree related services, including but not limited to, digging holes,
setting trees in the spot, backfilling, mulching, watering, pruning, harvesting fruit,
cleaning up fallen fruit, tree maintenance, tree removal, and general grounds
maintenance (hereinafter "Tree Work"), for the benefit of the City of Dubuque
(hereinafter "City"). I represent, acknowledge, and agree that:
(A) I am entering into this Volunteer Release and Liability Waiver (the "Release")
freely and voluntarily, without duress, for the benefit of the DBQ Trees and City, and
their directors, officers, employees, agents, contractors, volunteers and constituent
members, and their respective successors and assigns-
(B) My participation is strictly voluntary, and without compensation. In performing
Tree Work, I am not an employee of DBQ Trees or City or any of their constituent
members (irrespective of whether I may be an employee of any such party for other
purposes), and I will not represent myself as such. I understand neither DBQ Trees nor
the City carries or maintains any health, medical, or disability insurance coverage, for
volunteers, and that I am expected to carry my own personal health insurance.
(C) I am aware that Tree Work often involves hard physical labor, heavy lifting and
other strenuous activity_ I am in good health and physically able to perform this type of
work. I am also aware that Tree Work will be conducted in environments that may be
inherently dangerous or hazardous, and that this entails certain risks, including (but not
limited to) accidents, bodily injury, illness or death, damage to property or other loss.
(D) My participation in Tree Work is entirely at my own risk, and I assume all risk and
responsibility for any property loss or damage, bodily injury (including death), personal
injury, or illness that I may sustain because of my participation, including related
medical costs and expenses_ To the fullest extent permitted by law, on behalf of myself,
my successors and assigns, I release and forever waive, and hold DBQ Trees and City,
their officers and employees harmless from, all claims, causes of action, liability and
damages that I now or hereafter have with respect to any property loss or damage,
bodily or personal injury, illness or death that may result from or arise in connection with
my participation in Tree Work.
(E) I will always fully observe and abide by all Policies and Procedures established
by DBQ Trees and City with respect to Tree Work_ Any questions about the Policies and
Procedures will be resolved by Laura Roussell of DBQ Trees, or her designee (DBQ
Trees Designee), whose decision I will respect as final.
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(F) In the event of any emergency, I authorize the provision of any first -aid or
medical treatment deemed necessary for my immediate care from any licensed hospital
or medical personnel, and I will be responsible to pay for all such services. I release and
forever discharge DBQ Trees and City from liability for all daims arising on account of
any such treatment or services.
(G) I have the right to discontinue participation in Tree Work at any time and for any
reason, in my sole discretion_ If I choose to do so, I will notify the DBQ Trees Designee
of my decision as soon as possible. I understand that DBQ Trees and City have the
right to terminate my Tree Work volunteer services at any time and for any reason, in
their sole discretion. The DBQ Trees Designee has the authority to direct the entire
team, or any individual member (including me) to leave a site at any time for any
reason, and I will promptly comply with all such directions-
(H) DBQ Trees and City shall have the right to use, for any legitimate purpose, all
photographic images and video or audio recordings provided to them of any Tree Work
activities, including those in which I am depicted, and I waive all rights to compensation
by reason of such use.
(1) 1 understand and acknowledge this Release shall remain in effect for one (1)year
from the date of signature below unless I revoke it earlier in writing to both DBQ Trees
and City.
VOLUNTEER:
Print Name:
Signature: _
Date:
IN CASE OF EMERGENCY.,
Primary Contact:
Relationship:
Telephone:
Alternate Contact:
Relationship:
Telephone:
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THE CITY OF
DUB Eh
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Park and Recreation Director
Dubuque
AII•Ameriea City
2007-2012.2013
2017*2019
SUBJECT: Dubuque Trees Forever Memorandum of Understanding (MOU) for
Caledonia Park
DATE: July 1, 2025
INTRODUCTION
The purpose of this memo is to provide the fully executed Dubuque Trees Forever MOU
related to the community orchard and native plantings in Caledonia Park.
BACKGROUND
Dubuque Trees Forever proposed a community orchard to replace a small green open
space located at the intersection of Hill Street and Caledonia Avenue which is
Caledonia Park. Caledonia Park dates back to 1917 when the Dubuque Park Board
purchased it for $3,500. The space was a small grass area that Dubuque Trees Forever
proposed to plant fruit trees and pollinator plants. Their goal has been to provide fresh
grown food for the local neighborhoods and the community. The pollinator plants was
to also allow people of all ages to enjoy the birds, bees, and butterflies that are attracted
to the plants.
Laura Roussell, Executive Director of Dubuque Trees Forever shared the preliminary
concept plan with the Parks and Recreation Advisory Commission at their Tuesday
January 23, 2024 meeting and the Council February 5, 2024 Council meeting.
Dubuque Trees Forever engaged the neighborhoods in this project and engage many
volunteers.
DISCUSSION
Dubuque Trees Forever has planted fruit trees and a pollinator bed. They along with
many volunteers have been maintaining the Park. A Memorandum of Understanding
(MOU) was prepared by City Attorney Crenna Brumwell. The agreement outlines the
responsibilities of both the City and Dubuque Trees Forever.
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The addition of the trees and pollinators has been a very positive development in the
neighborhood. An open lot park area has now been transformed into a beautiful
greenspace that will provide a food source in the future for the community as well as a
home for the pollinators that help to make for healthy and bountiful fruit production.
Dubuque Trees Forever is a strong partner for the city and in our community. We are
so thankful for their efforts not only in Caledonia Park but also across many parks and
green spaces. They are also a major partner with the USDA Forest Service urban and
Community Forest Program grant. The community is so very fortunate to have
Dubuque Trees Forever, their leadership, and their many, many volunteers engaged in
the Park.
ACTION REQUESTED
The MOU was signed previously by City Manager Mike Van Milligen and is being
shared as a part of the Council agenda under signed agreements.
Attachment
cc: Gina Bell, Sustainability Director
Steve Fehsal, Parks Division Manager
2
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