HomeMy WebLinkAboutDNR - MOU - Residentail Tree Program - 9.5.2023MEMORANDUM OF UNDERSTANDING (MOU)
THIS MOU is made August 15, 2023 between the CITY OF WATERLOO and the IOWA
DEPARTMENT OF NATURAL RESOURCES ("Department").
The Purpose of this MOU is to implement a Residential Tree Program (the program) funded by USDA
Forest Service which will further the forestry and conservation goals of the parties. The program will
distribute approximately 250 trees at a reduced price to USDA Forest Service residential customers in
Black Hawk County. City of Waterloo and the Department will jointly implement the program in Fall
2023 as described below.
City of Waterloo agrees to complete the following tasks:
o Choose a tree distribution event location, time, and date and carry out the event
o Source and organize volunteers for tree delivery and distribution
o Answer questions from community members
o Provide the Department with a log of volunteer numbers and hours
The Department agrees to pay City of Waterloo an amount not to exceed $1,000.00 for successful
completion of the above tasks.
The Department agrees to use program funds to pay invoices associated with the purchase of
approximately 250 landscape trees from local nurseries and garden centers. The Department will sell the
landscape trees for an amount not to exceed $25.00 each to Iowa Residents in and around Black Hawk
County during the Fall 2023 season. The Department shall not pay for any costs associated with
landscaping or any other plant installation services. The Department will:
o Receive orders from customers
o Process tree payments from customers
o Refund/return money for orders of out of stock trees
o Complete payments to nurseries
o Track tree sales
o Send tree order confirmation emails to customers
City of Waterloo shall send completed MOU and all project related materials via email to:
Shaila Claibourn
Iowa DNR — Forestry
Shaila.claibourn@dnr.iowa.gov
515-380-8876
This MOU shall terminate upon project completion. The Department reserves the right to terminate the
MOU upon sixty days' notice in the event adequate funds are not appropriated or granted to allow the
Department to operate as required and to fulfill its obligations under this MOU; funds are de -
appropriated or not allocated or if funds needed by the Department, at the Department's sole discretion,
are insufficient for any reason; the Department's authorization to operate is withdrawn or there is a
material alteration in the programs administered by the Department; or the Department's duties are
substantially modified not to include management of this Program.
Iowa DNR Residential Tree Program — Fall 2023
Nothing in this MOU shall be construed to create joint or several liability of a party hereto for the acts,
omissions, or obligations of the other party. Each party shall be liable only for its own acts, and the
parties shall have such rights of indemnity and contribution among themselves with respect to this MOU
and the undertakings hereunder as shall be permitted by law and consistent with the provisions of this
MOU. Each party agrees to save and indemnify and hold harmless, the other party, its officers and
employees against all liabilities, judgments, costs and expenses which the parties may incur or which in
any way results from the acts, omissions, carelessness, or neglect of either party, as may be allowed by
law.
This MOU shall be governed by, construed, and enforced in accordance with the laws of the State of
Iowa. Nothing herein shall be construed to relieve any party of any obligation or responsibility imposed
upon it by law. City of Waterloo, its employees, agents, and subcontractors shall comply with all
applicable federal, state, and local laws, rules, ordinances, regulations, and orders when performing the
services under this Agreement, including without limitation, all laws applicable to the prevention of
discrimination in employment and the use of targeted small businesses as subcontractors or suppliers.
City of Waterloo, its employees, agents, and subcontractors shall also comply with all federal, state, and
local laws regarding business permits and licenses that may be required to carry out the work performed
under this MOU.
The Department and City of Waterloo shall mutually agree upon an appropriate method of recognizing
USDA Forest Service for its provision of funds hereunder.
This MOU supersedes all prior Contracts or Agreements between the Department and City of Waterloo
for the services provided in connection with this MOU.
Nothing in this MOU entitles City of Waterloo to additional funds not contemplated within this MOU or
additional contracting opportunities with the Department.
By their signatures below, the representatives of the respective parties confirm that this MOU has been
approved and its execution authorized by the respective duly authorized officers or governing bodies of
the parties as of the last date written below.
CITY OF WATERLOO IOWA DEPARTMENT OF
NATURAL RESOURCES
Signed Pete Hildreth
Conservation & Recreation Division Administrator
9/5/2023
Date
Date
Iowa DNR Residential Tree Program — Fall 2023