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HomeMy WebLinkAbout11530RESOLUTION NO. 11530 A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO ENTER INTO AN AGREEMENT WITH THE GAIA WELLNESS INSTITUTE, DBA THE HAPPY WORM HERDERS, FOR USE OF CITY EQUIPMENT INCIDENT TO THE VERMICOMPOSTING PROJECT WHEREAS, the City of Pueblo has entered into a cooperative venture with the Gaia Wellness Institute, dba the Happy Worm Herders, to conduct a pilot vermiculture project that could reduce City operating costs by diverting solid wastes from landfills and support the City Council's goal of developing a community recycling program, and; WHEREAS the Happy Worm Herders desire to operate City equipment in conducting the pilot project. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Agreement for Use of City Facilities and Equipment is hereby approved. SECTION 2. The use of City facilities and equipment granted hereby is subject to all limitations, terms and conditions set for in the attached Agreement. INTRODUCED: February 9, 2009 BY: Randy Thurston Councilperson APPROVED 2L PRESIDENTaf City Council ATTESTED aY: Y 4 Background Paper for Proposed RESOLUTION DATE: February 9, 2009 AGENDA ITEM # 10 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO ENTER INTO AN AGREEMENT WITH THE GAIA WELLNESS INSTITUTE, DBA THE HAPPY WORM HERDERS, FOR USE OF CITY EQUIPMENT INCIDENT TO THE VERMICOMPOSTING PROJECT ISSUE Should the City Council authorize the Wastewater Department to enter into an agreement with the Gaia Wellness Institute, dba the Happy Worm Herders, for use of City equipment. RECOMMENDATION Approve this Resolution. BACKGROUND In 2008 the Wastewater and Streets Departments began a cooperative venture with the Gaia Wellness Institute, dba the Happy Worm Herders, on a pilot project to divert solid waste from landfills and produce a usable mulch product by composing biosolids, street sweepings, and vegetative waste, then allowing worms to process the compost. The entire process is known as vermicomposting. The project has the potential to benefit the City of Pueblo by reducing operating costs by diverting solid wastes from landfills, and by promoting the City Council's goal of recycling. The Happy Worm Herders secured a permit from the Colorado Department of Public Health and Environment for a one -year pilot project that is being conducted on City - owned land near the Water Reclamation Facility. In order to move and mix bulk quantities of materials, the Happy Worm Herders need access to equipment such as front end loaders. The Happy Worm Herders have qualified equipment operators but lack the capital to purchase or lease such equipment. The Wastewater Department and Streets Department have equipment that the Happy Worm Herders need to use, but City departments cannot staff the project. The Law Department prepared an agreement for use of City facilities and equipment that would permit the Happy Worm Herders to operate City equipment and conduct their pilot project on City property, accounting for the use of such facilities and equipment in the form of in -kind services, and protecting the City from liability for personal injuries to Happy Worm Herders personnel resulting from such use. FINANCIAL IMPACT The Wastewater and Streets Departments will pay for fuel, maintenance and parts on equipment used by the Happy Worm Herders, with the value of such operating costs being accounted for as in -kind contributions under the terms of the agreement. AGREEMENT FOR USE OF CITY FACILITIES AND EQUIPMENT THIS AGREEMENT is made and entered into this 9th day of February, 2009, by and between the Gaia Institute Wellness Center, a Colorado nonprofit corporation, doing business as "Happy Worm Herders" (hereinafter referred to as "GAIA "), and the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado (hereinafter referred to as "City "). WHEREAS, GAIA desires to conduct a pilot project of vermicomposting of wastewater biosolids and other non - hazardous organic wastes and non - hazardous solid waste upon property of City near City's wastewater reclamation facility (the "Project "); and WHEREAS, in conducting the Project, GAIA desires to have its employees and volunteers selected and approved by GAIA use City equipment, including dump trucks, backhoes, front -end loaders, Bobcats, skid steer loaders, chainsaws, lawn mowers and other tools and equipment ( "City Vehicles and Equipment and Equipment "); and WHEREAS, GAIA and City desire to cooperate in GAIA efforts to conduct its Project in order to advance means of diverting organic, inorganic and biosolid waste from landfills and applying it to beneficial reuse; and 1. Subject to the terms, conditions and requirements of this Agreement, City agrees to permit GAIA and its employees and volunteers to use and occupy the following City facilities when such facilities are not otherwise scheduled for or in use for City's needs and functions: (a) an area of land, designated by City, after consultation with GAIA, located upon the grounds of the old City animal shelter on Queens Road ( "City Land "),which may be used by GAIA for the Project during the term of this Agreement, and in accordance with the provisions thereof; (b) vehicular travel upon designated areas of the City's wastewater reclamation facility in order to obtain biosolids, unless City delivers said biosolids to GAIA; which may be collectively referred to herein as the "City Facilities.." Nothing in this Section 1 shall prevent, nor require, the City, in its sole and absolute discretion, from electing, from time to time, or as a matter of routine, to deliver biosolids to GAIA upon its request for biosolids, instead of allowing ,GAIA to transport biosolids upon the City Facilities using City Vehicles and Equipment as hereinafter defined. 2. Subject to the terms, conditions and requirements of this Agreement, City also agrees to permit GAIA and its employees, officers and volunteers to use the following City equipment: (a) such dump trucks, back hoes, front -end loaders, Bobcats, skid steer loaders, graders, cement mixers, chain saws, wood chippers, lawn mowers and other tools as City's Wastewater Director ( "Director ") may, in his sole and absolute discretion, allow to be used by GAIA (the "City Vehicles and Equipment "). 3. GAIA shall, at all times, either (a) permit only its trained employees or volunteers upon City Facilities or (b) have a trained employee or volunteer physically present and directly supervising its other volunteers when City Vehicles and Equipment are being used or demonstrated by GAIA, its employees and volunteers. It shall be the responsibility of GAIA, and not of City, to assure that its employees and volunteers are provided with all appropriate safety instruction and training on the use of City Vehicles and Equipment prior to handling or use of same. Additionally, prior to the first entry upon City Facilities, GAIA shall require all of its employees, officers and volunteers who enter upon City Facilities or use City equipment to sign a release of liability agreement in the form attached hereto. 4. At all times during the terms of this Agreement, GAIA and its employees and volunteers shall be deemed as independent contractors and not employees of the City. GAIA shall be responsible in accordance with law for all withholding taxes, social security, pension, unemployment, workers compensation, and other employment taxes with respect to its employees and volunteers as required by law, and it shall indemnify, defend and hold City harmless from and against any and all claims for the same. 5. The term of this Agreement shall commence on January 1, 2009 and shall end on December 31, 2009. 6. Special Requirements for City Vehicles. The use of heavy vehicles, including dump trucks, loaders, back hoes and similar equipment presents greater risks of injury or death than may be readily apparent. Additionally, use of the City Vehicles and Equipment involves costs to the City for equipment, fuel supplies and consumable /expendable components. Consequently, use of the City Vehicles and Equipment by GAIA shall be subject to following additional requirements, which must be strictly complied with by GAIA: (a) All persons using the City Vehicles and Equipment under GAIA authorization must be trained and qualified to operate the specific vehicle or vehicles or equipment the person will operate. Such qualifications shall be provided for each proposed operator to the Director prior to use and be approved by the Director in his sole discretion. In the case of road -going vehicles, operators shall also possess a valid and unexpired commercial drivers' license. (b) GAIA agrees that all GAIA employees and volunteers using City Vehicles and Equipment shall be subject to random, for cause, and post accident drug and alcohol screen testing by both GAIA and and by City and City's agents and contractors. Each party shall, in a timely manner, provide proof and the results of any drug and alcohol screen testing it performs to the other party. City shall have the right to bar any GAIA employee or volunteer from the City Facilities who tests positive for illegal or controlled drugs or alcohol. GAIA shall make all of its employees and volunteers who enter upon City Facilities aware of the foregoing drug and alcohol screen testing policy, and entry upon City Facilites shall be deemed consent to such testing. (c) After use of City Vehicles and Equipment, GAIA shall return each vehicle and items of equipment to their respective assigned storage or other designated locations, in clean condition and fueled for subsequent use, within time frames specified by the Director during the term of this Agreement. (d) GAIA shall maintain a log and accounting of its use of City Vehicles and Equipment, valuing the in -kind value of same set forth herein, and shall quarterly provide the Director with a such log and accounting: (i) Hours of use for vehicles and equipment, valued at the hourly rate for such equipment specified in FEMA's Schedule of Equipment Rates included as Attachment A [Note: The listing of equipment and other items in the FEMA Schedule does not constitute any representation or commitment by City to furnish or provide to GAIA such equipment or items, or any particular piece or item thereof, as part of the City Vehicles and Equipment.]; and (ii) the actual cost for all consumables used or damaged by GAIA; and (iii) the replacement or repair cost for all City equipment and fixtures damaged during use by GAIA, whether foreseeable or not, unless said damage to the City equipment and fixtures was caused as the result of the sole negligence of a City employee (e) In the event GAIA obtains or receives proceeds above its actual out -of- pocket expenses from the sale or disposition of vermicompost produced, in whole or part, using City Facilities ( "net proceeds "), then GAIA shall annually remit to City an accounting for the aggregate value for use of City Vehicles and Equipment, computed in accordance with subparagraph (d) above. 7. (a) GAIA agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any of its employees, volunteers or other persons performing activities upon the City Facilities for or on behalf of GAIA, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which GAIA shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No /100 Dollars ($600,000.00) perperson and occurrence for personal injury, including but not limited to death and bodily injury, Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. —3— (c) Prior to use of City Facilities or City Vehicles and Equipment, GAIA shall file with the Director a Certificate of Insurance verifying coverage required by this section. 8. (a) GAIA shall not place upon, deposit upon, store upon, transport over, generate upon or dispose upon any City Lands or City Facilities, any Hazardous Material. "Hazardous Material" means the substances now or hereafter defined as or included in the definition of "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq., or included in the definition of "controlled substances" in 21 U.S.C. § 802, or "petroleum" as defined in 42 U.S.C. § 6991(8) (or any successor or similar statute thereto), including crude oil or any fraction of crude oil. The term "Hazardous Material" also includes "hazardous waste" as defined in 42 U.S.C. § 6903(5) or under the laws of the State of Colorado, as amended from time to time or as included in any successor or similar statute thereto. (b) GAIA shall ensure that its activities upon City Facilities and its use of City Vehicles and Equipment are performed in compliance with all applicable Environmental Laws. "Environmental Laws" mean any Laws relating to public health, safety or protection of the environment, including materials, substances or wastes which are injurious or potentially injurious to human health or the environment or the release, disposal or transportation of which is otherwise regulated by any agency of federal, state or local government or in any way pertaining to pollution or contamination of the air, soil, surface water or groundwater, including, without limitation, the Resource Conservation Recovery Act of 1976, 42 USC § 6901, et seq., the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended, 42 USC § 9601, et seq., the Clean Air Act, 42 USC § 7401, et seq., the Clean Water Act, 33 USC § 1251, et. seq., and the Hazardous Materials Transportation Act, 49 USC § 1801, et. seq. 9. This Agreement is not intended to, nor shall it create, any duty to any GAIA officer, employee, volunteer or any other person, firm or entity with regard to the provision of facilities or equipment by City, nor security, level of safety, or activities undertaken by City's employees or conditions resulting therefrom. No GAIA officer, employee, volunteer or other person, firm or entity shall be granted or have any private right of action, claim or civil liability remedy against the City, or its elected officials, officers, employees or agents, by virtue of this Agreement. Nothing in this Agreement shall be construed to create any liability, or to waive any of the immunities, limitations on liability or other provisions of the Governmental Immunity Act, § 24 -10 -101 et seq., C.R.S., or to waive any immunities or limitations on liability otherwise available to the City, or its elected officials, officers, employees or agents. 10. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No modification of this Agreement, and no waiver of any of the Agreement's provisions or conditions, shall be binding unless made by written document signed by the parties. Any delegation or assignment of this Agreement by either party, without the prior written consent of the other party, shall be void. This Agreement shall be governed by, and construed according to, the laws of the State of Colorado. 11. GAIA acknowledges that the use of the City Facilities and City Vehicles and —4— Equipment and other facilities present inherent dangers and that use of same presents inherent risks. The use by GAIA and its officers, employees and volunteers of the facilities and equipment is AS IS and in its existing condition, whatever that may be. No representation or warranty of any kind, express or implied, is made by the City concerning the safety, usability, or fitness for any purpose, of the City Facilities and City Vehicles and Equipment furnished hereunder. GAIA shall obtain a signed liability waiver from each GAIA officer, employees and volunteer on the form designated by City, prior to entry upon any City Facilities or use of City Vehicles and Equipment. 12. In the event this Agreement or any material provision hereof shall be declared to be invalid, unenforceable, or in violation of any applicable federal, state or local laws or regulations, the parties will immediately begin negotiations to modify or amend this Agreement in order that this Agreement shall, as amended, express and contain the understanding and intentions of the parties. 13. Either the City or Gaia may terminate this Agreement upon ten (10) days prior written notice for cause, including any breach or noncompliance with the terms hereofby GAIA, its officers, employees or volunteers or the any breach or noncompliance by the City, its employees or volunteers . 14. Except as set forth elsewhere in this section, all notices to be given under this Agreement shall be made in writing, and shall be sufficient if delivered personally, or mailed by First Class United States Mail, postage prepaid, to the other party at the following addresses: If to GAIA: GAIA Institute Wellness Center Attn:Carolyn Kelly P.Hd Address:622 E 8th St Pueblo, CO (81001) If to the City: City Manager 1 City Hall Place Pueblo, CO 81003 IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. GAIA INSTITUTE WELLNESS CENTER, a( BE Na Title: ,L V et11,J`i ✓P A ,,,&, 14 U4, CITY OF PUEBLO, A MUNICIPAL CORPORATION By President of the, City C uncil ATTEST: City Cbrk APPROVED AS TO FORM: —5 City Attor y ATTACHMENT A FEMA SCHEDULE OF EQUIPMENT RATES FEMA's Schedule of Equipment Rates DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY DISASTER ASSISTANCE DIRECTORATE PUBLIC ASSISTANCE DIVISION WASHINGTON, D.C. 20472 The rates on this Schedule of Equipment Rates are for applicant -owned equipment in good mechanical condition, complete with all required attachments. Each rate covers all costs eligible under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, at seq., for ownership and operation of equipment, including depreciation, overhead, all maintenance, field repairs, fuel, lubricants, tires, OSHA equipment and other costs incidental to operation. Standby equipment costs are not eligible. Equipment must be in actual operation performing eligible work in order for reimbursement to be eligible. LABOR COSTS OF OPERATOR ARE NOT INCLUDED in the rates and should be approved separately from equipment costs. Information regarding the use of the Schedule is contained in 44 CFR § 206.228 Allowable Costs. Rates for equipment not listed will be furnished by FEMA upon request. Any appeals shall be in accordance with 44 CFR § 206.206 Appeals. THESE RATES ARE APPLICABLE TO MAJOR DISASTERS AND EMERGENCIES DECLARED BY THE PRESIDENT ON OR AFTER MAY 1, 2008. Cost C I Equipment Speclficatlon Capacity/Size HP Notes Unit Rate 8490 Aerial Lift Self-Propelled Max. Platform Height 37 ft to 15 Articulated Telescoping, Scissor. hourl $8.25 8491 Aerial Lift Self-Propelled Max. Platform Height 60 ft to 30 Articulated Telescoping, Scissor. hour $12.25 8492 Aerial Lift Self-Propelled Max. Platform Height 70 ft to 50 Articulated Telescoping, Scissor. hour $22.50 8493 Aerial Lift Self-Propelled Max. Platform Height 125 ft to 85 Articulated and Telescoping. hour $60.00 8494 Aerial Lift Self-Propelled Max. Platform Height 150 ft to 130 Articulated and Telescoping. hour $70.00 8486 lAerial Lift Truck Mntd Max. Platform Height 40 ft I I Articulated and Telescoping. Add to Truck rate for total rate. hour $6.75 8487 Aerial Lift Truck Mntd Max. Platform Height 61 ft Articulated and Telescoping. Add to Truck rate for total rate. hour $12.25 8488 Aerial Lift Truck Mntd Max. Platform Height 80 ft Articulated and Telescoping. Add to Truck rate for total rate. hour $23.50 8489 Aerial Lift Truck Mntd Max. Platform Height 100 ft Articulated and Telescoping. Add to Truck rate for total rate. hour $34.00 8010 Air Compressor Air Delivery 41 cfm to 10 Hoses included. hour $1.50 8011 Air Compressor Air Delivery 103 cfm to 30 Hoses included. hour $8.75 8012 Air Compressor Air Delivery 130 cfm to 50 Hoses included. hour $11.25 8013 Air Compressor Air Delivery 175 cfm to 90 Hoses included. hour $26.00 8014 Air Compressor Air Delivery 400 cfm to 145 Hoses included. hour $35.00 8015 Air Compressor Air Delivery 575 cfm to 230 Hoses included. hour $48.00 8016 Air Compressor Air Delivery 1100 cfm to 355 Hoses included. hour $65.00 8017 Air Compressor Air Delivery 1600 cfm to 500 1 Hoses included. hour $105.00 8040 Ambulance to 150 1 hour $33.00 8041 Ambulance to 210 hour, $41.00 8060 Auger, Portable Hole Diameter 16 in to 6 hour $1.60 8061 Auger, Portable Hole Diameter 18 in to 13 hour $4.10 8062 Au er Tractor Mntd Max. Auger Diameter 36 in to 13 Includes digger, boom and mounting hardware. Add to Tractor rate for total rate. hour $1.30 8063 Au er Truck Mntd Max. Auger Size 24 in to 100 Includes digger, boom and mounting hardware. Add to Truck rate for total 1 rate. hour $35.00 8070 Automobile to 130 Transporting eo le. mile $0.56 8071 Automobile to 130 Trans ortin cargo. hour $16.50 8072 Automobile Police to 250 Patrolling. mile $0.63 8073 Automobile Police to 250 Stationary with engine running. hour $18.00 8110 Bare Deck Size 50'x35'x7.25' hour $34.00 8111 Bare Deck Size 50'x35'x9' hour $49.00 8112 Bare Deck Size 120'x45'x10' hour $60.00 8113 Bare Deck Size 160'x45'x11' hour $75.00 8050 Board Arrow to 8 Trailer Mounted. hour $3.40 8051 Board Message to 5 Trailer Mounted. hour $8.75 8133 Boat Push Size 45'x21'x6' to 435 Flat hull. hour $180.00 8134 Boat Push Size 54'x21'x6' to 525 Flat hull. hour, $235.00 8135 Boat Push Size 58'x24'x7.5' to 705 IFlat hull. hour 1 $300.00 8136 Boat Push Size 64'x25'x8' to 870 Flat hull. hour $345.00 8130 Boat Row Heavv dut . hour $0.85 8131 Boat Runabout Size 13'x5' to 50 Outboard. hour $18.50 8132 1 Boat Tender Size 14'x7' to 100 Inboard with 360 degree drive. hour $33.00 8120 Boat Tow Size 55'x20'x5' to 870 Steel. hour $315.00 8121 Boat Tow Size 60'x2l'x5' I to 1050 Steel. hour $370.00 Federal Emergency Management Agency May 1, 2008 Page 1 of 6 FEMNs Schedule of Equipment Rates Cost Equipment Specification Capacity /Size HP Notes Unit Rate 8122 Boat Tow Size 70'x30'x7.5' to 1350 Steel. hour $540.00 8123 Boat Tow Size 120'x34'x8' to 2000 Steel. hour $980.00 8140 Boat Tug Length 16 ft to 100 hour $42.00 8141 Boat Tug Length 18 ft to 175 hour $70.00 8142 Boat Tug Length 26 ft to 250 hour $90.00 8143 Boat Tug Length 40 ft to 380 hour $185.00 8144 Boat Tuq Len th 51 ft to 700 hour, $285.00 8419 Breaker, Pavement, Hand Held Weight 25-90 lb hour $0.65 8420 Breaker Pavement to 70 hour $35.00 8150 Broom Pavement Broom Length 72 in to 35 hour $14.00 8151 Broom Pavement Broom Length 96 in to 100 hour $23.00 8153 Broom Pavement Mntd Broom Length 72 in to 18 Add to Prime Mover rate for total rate. hour $6.50 8154 Broom Pavement Pull Broom Length 84 in to 20 Add to Prime Mover rate for total rate. hour $11.25 8270 Bucket Clamshell Capacity 1.0 cy Includes teeth. Does not include Clamshell & Dragline. hour $3.60 8271 Bucket Clamshell Capacity 2.5 cy Includes teeth. Does not include Clamshell & Dragline. hourl $6.75 8272 lBucket. Clamshell Capacity 5.0 cy I Includes teeth. Does not include Clamshell & Dra line. hour $11.25 8273 Bucket Clamshell Capacity 7.5 cy Includes teeth. Does not include Clamshell & Dra line. hour $14.50 8275 Bucket Dragline Capacity 2.0 cy Does not include Clamshell & Dragline. hour $2.90 8276 Bucket Dragline Capacity 5.0 cy Does not include Clamshell & Dragline. hour $6.50 8277 Bucket Dragline Ca acit 10 cy Does not include Clamshell & Dragline. hour $10.50 8278 Bucket Dragline Capacity 14 cy Does not include Clamshell & Dragline. hour $13.50 8180 Bus to 150 hour $26.00 8181 Bus to 210 hour $29.00 8182 Bus to 300 hour $33.00 8190 Chain Saw Bar Length 16 in hour, $2.00 8191 Chain Saw Bar Length 25 in hour $3.70 8192 Chain Saw Pole Bar Size 18 in hour $1.60 8200 Chipper, Brush Chipping Capacity 6 in to 35 Trailer Mounted. hour $8.50 8201 Chipper, Brush Chipping Capacity 9 in to 65 Trailer Mounted. hour $18.50 8202 Chipper Brush Chipping Capacity 12 in to 100 Trailer Mounted. hour $26.00 8203 Chipper, Brush Chipping Capacity 15 in to 125 Trailer Mounted. hour $37.00 8204 Chipper, Brush Chipping Capacity 18 in to 200 Trailer Mounted. hour, $55.00 8210 Clamshell & Dragline, lCrawler 149,999 Ito to 235 Bucket not included in rate. hour $100.00 8211 Clamshell & Dragline, Crawler 250,000 lb to 520 lBucket not included in rate. hour $145.00 8212 Clamshell & Dragline, Truck to 240 Bucket not included in rate. hour $145.00 8712 Cleaner, Sewer /Catch Basin Hopper Capacity 5 cy Truck Mounted. Add to Truck rate for total rate. hour $16.00 8713 Cleaner, Sewer /Catch Basin Hopper Capacity 14 cy Truck Mounted. Add to Truck rate for total rate. hour $21.50 8220 Compactor to 10 hour $11.75 8221 Compactor, Towed, Vibratory Drum to 45 hourl $19.00 8222 Compactor, Vibratory, Drum to 75 hour $28.00 8223 Compactor, Pneumatic, lWheel to 100 hour $33.00 8225 Compactor. Sanitation to 300 hour $110.00 8226 Compactor, Sanitation to 400 hour, $185.00 8227 Compactor, Sanitation to 535 hour $260.00 8228 Compactor, Towed, Pneumatic Wheel 10000 lb Add to Prime Mover rate for total rate. hour $7.50 8229 Compactor, Towed, Drum 1 Static 20000 lb l Add to Prime Mover rate for total rate. hour $12.25 8500 Crane Max. Lift Capacity 8 MT to 80 hour, $31.00 8501 Crane Max. Lift Capacity 15 MT to 150 hourl $65.00 8502 Crane Max. Lift Capacity 50 MT to 200 hour $100.00 8503 Crane Max. Lift Capacity 70 MT to 300 hour $175.00 8504 Crane Max. Lift Capacity 110 MT to 350 - hour $230.00 8496 Crane Truck Mntd Max. Lift Capacity 24000 lb Add to Truck rate for total rate. hour $10.00 8497 Crane Truck Mntd Max. Lift Capacity 36000 lb Add to Truck rate for total rate. hour $16.00 Federal Emergency Management Agency May 1, 2008 Page 2 of 6 FEMNs Schedule of Equipment Rates Co t o I Equipment Specification Capacity /Size HP Notes Unit Rate 8498 Crane Truck Mntd Max. Lift Capacity 60000 lb Add to Truck rate for total rate. hour $30.00 8195 Cutter Brush Cutter Size 8 ft to 150 hour $100.00 8196 Cutter Brush Cutter Size 8 ft to 190 hour $110.00 8197 Cutter Brush Cutter Size loft to 245 hour $130.00 8670 Derrick Hydraulic Digger Max. Boom Length 60 ft Includes hydraulic pole alignment attachment. Add to Truck rate. hour $21.00 8671 IDerrick. Hydraulic Diooer Max. Boom Length 90 ft I Includes hydraulic pole alignment attachment. Add to Truck rate. hour $39.00 8580 Distributor Asphalt Tank Capacity 500 gal Trailer Mounted. Includes burners, insulated tank and circulating spray bar. hour $13.00 8581 Distributor Asphalt Tank Capacity 1000 gal Truck Mounted. Includes burners, insulated tank, and circulating spray bar. Add to Truck rate. hour $20.00 8582 Distributor Asphalt Tank Capacity 4000 gal Truck Mounted. Includes burners, insulated tank, and circulating spray bar. Add to Truck rate. hour. $25.00 8250 Dozer Crawler to 75 hourl $35.00 8251 Dozer Crawler to 105 hour $45.00 8252 Dozer Crawler to 160 hour $70.00 8253 Dozer Crawler to 250 hour $110.00 8254 Dozer Crawler to 360 hour $150.00 8255 Dozer Crawler to 565 hour $275.00 8256 Dozer Crawler to 850 hour $385.00 8260 Dozer Wheel to 300 hour $65.00 8261 Dozer Wheel to 400 hour $125.00 8262 Dozer Wheel to 500 hour $175.00 8263 Dozer Wheel to 625 hour $240.00 8280 1 Excavator Hydraulic Bucket Capacity 0.5 cy to 45 1 Crawler, Truck & Wheel. Includes bucket. hour $21.00 8281 Excavator Hydraulic Bucket Capacity 1.0 c to 90 Crawler, Truck & Wheel. Includes bucket. hourl $44.00 8282 Excavator Hydraulic Bucket Capacity 1.5 cy to 160 Crawler, Truck & Wheel. Includes bucket. hour $75.00 8283 Excavator Hydraulic Bucket Capacity 2.5 cv to 265 Crawler, Truck & Wheel. Includes bucket. hour $135.00 8284 Excavator Hydraulic Bucket Capacity 4.5 cy to 420 Crawler, Truck & Wheel. Includes bucket. hour $220.00 8285 Excavator Hydraulic Bucket Capacity 7.5 cy to 650 Crawler, Truck & Wheel. Includes bucket. hour $270.00 8286 Excavator Hydraulic Bucket Capacity 12 cy to 1000 Crawler, Truck & Wheel. Includes bucket. hour $465.00 8240 Feeder Grizzly to 35 hour $17.00 8241 Feeder Grizzly to 55 hour $30.00 8242 Feeder Grizzly to 75 hour $44.00 8300 Fork Lift Capacity 6000 lb to 60 hour $14.00 8301 Fork Lift Capacity 12000 lb to 90 hourl $20.50 8302 Fork Lift Capacity 18000 lb to 140 hour $28.00 8303 Fork Lift Capacity 50000 lb to 215 hour $60.00 8310 Generator Prime Output 5.5 kW to 10 hour $4.10 8311 Generator Prime Output 16 kW to 25 hour $9.75 8312 Generator Prime Output 43 kW to 65 hour $22.00 8313 Generator Prime Output 100 kW to 125 hour $46.00 8314 Generator Prime Output 150 kW to 240 hour, $70.00 8315 Generator Prime Output 210 kW to 300 hour $80.00 8316 Generator Prime Output 280 kW to 400 hour $115.00 8317 Generator Prime Output 350 kW to 500 hour $130.00 8318 Generator Prime Output 530 kW to 750 hour $205.00 8319 Generator Prime Output 710 kW to 1000 hour $270.00 8320 Generator Prime Output 1100 kW to 1500 hour $435.00 8321 Generator Prime Output 2500 kW to 3000 hour, $695.00 8755 Golf Cart Capacity 2 person hour $3.30 8330 Graders Moldboard Size loft to 110 Includes Rigid and Articulate equipment. hour $40.00 8331 Graders Moldboard Size 12 ft to 150 Includes Rigid and Articulate equipment. hour $55.00 8332 Graders Moldboard Size 14 ft to 225 Includes Rigid and Articulate equipment. hour $80.00 Hose Dischar a Diameter 3 in Per 25 foot length. Includes couplings. hour $0.13 Hose Discharge Diameter 4 in Per 25 foot length. Includes couplings. hour $0.19 r Hose Discharge Diameter 6 in Per 25 foot length. Includes couplings. hour $0.50 8353 Hose Discharge Diameter 8 in Per 25 foot length. Includes couplings. hour $0.75 Hose Discharge Diameter 12 in Per 25 foot length. Includes cou lin s. hour 1 $1.35 Federal Emergency Management Agency May 1, 2008 Page 3 of 6 FEMNs Schedule of Equipment Rates Cost 0 Equipment Specification Capacity /Size HP Notes Unit Rate 8355 Hose Discharge Diameter 16 in Per 25 foot length. Includes couplings. hour $2.20 8356 Hose Suction Diameter 3 in Per 25 foot length. Includes couplings. hour $0.23 8357 Hose Suction Diameter 4 in Per 25 foot length. Includes couplings. hour $0.43 8358 Hose Suction Diameter 6 in Per 25 foot length. Includes couplings. hour $0.90 8359 Hose Suction Diameter 8 in Per 25 foot length. Includes couplings. hour $1.35 8360 Hose Suction Diameter 12 in Per 25 foot length. Includes couplings. hour $2.45 8361 Hose Suction Diameter 16 in I Per 25 foot length. Includes couplings. hour $3.90 8517 Jackhammer D Weight Class 25 -45 lb hour $1.00 8518 Jackhammer Wet Weight Class 30 -55 lb hour $1.15 8380 Loader Crawler Bucket Capacity 0.5 cy to 32 Includes bucket. hour $13.00 8381 Loader Crawler Bucket Capacity 1 cy to 60 Includes bucket. hour $22.50 8382 Loader Crawler Bucket Capacity 2 cy to 118 Includes bucket. hour $48.00 8383 Loader Crawler Bucket Capacity 3 cy to 178 Includes bucket. hour $85.00 8384 Loader Crawler Bucket Capacity 4 cy to 238 Includes bucket. hour $125.00 8540 Loader Skid -Steer Operating Capacity 1000 lb to 35 hour $12.25 8541 Loader Skid -Steer Operating Capacity 2000 lb to 65 hour $21.00 8542 Loader Skid -Steer Operating Capacity 3000 lb to 85 hour $26.00 8401 Loader Tractor Wheel to 81 hour $25.00 8390 Loader Wheel Bucket Capacity 0.5 cy to 38 hour $17.50 8391 Loader Wheel Bucket Capacity 1 cy to 60 hour. $25.00 8392 Loader Wheel Bucket Capacity 2 cy to 105 hour 1 $34.00 8393 Loader Wheel Bucket Capacity 3 cy to 152 hourl $47.00 8394 Loader Wheel Bucket Capacity 4 cy to 200 hourl $60.00 8395 Loader Wheel Bucket Capacity 5 cy to 250 hourl $80.00 8396 Loader Wheel Bucket Capacity 6 cy to 305 hourl $95.00 8397 Loader Wheel Bucket Capacity 7 cy to 360 hour $110.00 8398 Loader Wheel Bucket Capacity 8 cy to 530 hour $160.00 8570 Loader - Backhoe Wheel Loader Bucket Capg2!!y Capacity 0.5 cy to 40 Loader and Backhoe Buckets included. hour $15.50 8571 Loader - Backhoe Wheel Loader Bucket CaR22k 1 cy to 70 Loader and Backhoe Buckets included. hour $28.00 8572 Loader - Backhoe Wheel Loader Bucket 1.5 cv to 95 Loader and Backhoe Buckets included. hour $39.00 8573 Loader - Backhoe Wheel Loader Bucket Capacity 1.75 cy to 115 Loader and Backhoe Buckets included. hour $44.00 8410 Mixer Concrete Portable Batching Capacity 10 cft hour $3.80 8411 Mixer Concrete Portable Batching Capacity 12 cft hour $5.00 8412 Mixer, Concrete, Trailer Mntd Batching Capacity 11 cft to 10 hour $8.75 8413 1 Mixer, Concrete, Trailer Mntd Belching Capacity 16 cft to 25 1 hour $17.00 8075 Motorcycle, Police mile $0.40 8633 Mulcher, Trailer Mntd Working Capacity 7th to 35 hour $12.00 8634 Mulcher, Trailer Mntd Working Capacity 10th to 55 hour $18.50 8635 Mulcher, Trailer Mntd Working Capacity 20th to 120 hour $31.00 8430 Paver Asphalt, Towed Does not include Prime Mover. hour $7.00 8431 Paver Asphalt to 50 Includes wheel and crawler equipment. hour $70.00 8432 Paver Asphalt to 125 Includes wheel and crawler equipment. hour $120.00 8433 Paver Asphalt to 175 Includes wheel and crawler equipment. hour $130.00 8434 Paver Asphalt to 250 Includes wheel and crawler equipment. hour $150.00 8436 Pick-up, Asphalt to 110 hour $60.00 8437 Pick-up, Asphalt to 150 hour $65.00 8438 Pick-up, Asphalt to 200 hour $115.00 8439 Pick-up, Asphalt to 275 hour $145.00 8660 Plow Cable Plow Depth 24 in to 30 hour $12.00 8661 Plow Cable Plow Depth 36 in to 65 hour, $32.00 8662 Plow Cable Plow Depth 48 in to 110 hour $37.00 8450 Plow Snow Grader Mntd Width to loft Add to Grader for total rate. hour $16.00 8451 Plow Snow Grader Mntd Width to 14 ft Add to Grader for total rate. hour $24.00 8452 Plow Snow Truck Mntd Width to 15 ft Add to Truck rate for total rate. hour $10.75 8453 Plow Snow Truck Mntd Width to 15 ft With leveling wing. Add to Truck rate for total rate. hour $18.50 8470 Pump to 4 Does not include Hoses. hour, $2.15 8471 Pump to 6 Does not include Hoses. hour $3.20 8472 Pump to 10 Does not include Hoses. hour $4.10 8473 Pump to 15 Does not include Hoses. hour $7.75 8474 Pump to 25 Does not include Hoses. hour $9.25 8475 Pump to 40 Does not include Hoses. hour $19.50 8476 Pump to 60 Does not include Hoses. hour $23.00 8477 Pump to 95 Does not include Hoses. our $33.00 8478 Pump to 140 Does not include Hoses. hour $38.00 8479 Pump to 200 Does not include Hoses. hour $45.00 8480 Pump to 275 Does not include Hoses. hour $85.00 Federal Emergency Management Agency May 1, 2008 Page 4 of 6 FEMXs Schedule of Equipment Rates Cost Equipment Specification Capacity /Size HP Notes Unit Rate 8481 Pump to 350 Does not include Hoses. hour $105.00 8482 Pump to 425 Does not include Hoses. hour $130.00 8483 Pump to 500 Does not include Hoses. hour $155.00 8484 Pump to 575 Does not include Hoses. hour $175.00 8485 Pump to 650 Does not include Hoses. hour $200.00 8510 Saw Concrete Blade Diameter 14 in to 14 hour $7.00 8511 Saw Concrete Blade Diameter 26 in to 35 hour $16.50 8512 Saw Concrete Blade Diameter 48 in to 65 hour $28.00 8513 Saw Rock to 100 hour $38.00 8514 Saw Rock to 200 hour $70.00 8521 Scraper Scraper Capacity 16 cv to 250 hour 1 $105.00 8522 Scraper Scraper Capacity 23 cy to 365 hour 1 $150.00 8523 Scraper Scraper Capacity 34 cv to 475 1 hour $220.00 8524 Scraper Scraper Capacity 44 cv to 600 hour $270.00 8560 Snow Blower Capacity 2,000 t to 400 hour $160.00 8561 Snow Blower Capacity 2,500 t to 500 hour $180.00 8562 Snow Blower Capacity 3,500 t to 600 hour $200.00 8550 Snow Blower Truck Mntd Capacity 600th to 75 Does not include Truck. hour $42.00 8551 Snow Blower Truck Mntd Capacity 1400th to 200 Does not include Truck. hour, $80.00 8552 Snow Blower Truck Mntd Capacity 2000th I to 340 Does not include Truck. hour 1 $125.00 8553 Snow Blower Truck Mntd Capacity 2500th to 400 Does not include Truck. hour $140.00 8558 Snow Thrower, Walk Behind Cutting Width 25 in to 5 hour $3.60 8559 Snow Thrower, Walk Behind Cutting Width 60 in to 15 hour $8.00 8630 Sprayer, Seed Working Capacity 750 qal to 30 Trailer & Truck mounted. Does not include Prime Mover. hourl $10.75 8631 S ra er Seed Workinq Capacity 1250 gal to 50 Trailer & Truck mounted. Does not include Prime Mover. hour $16.50 8632 Sprayer, Seed Working Capacity 3500 gal to 115 Trailer & Truck mounted. Does not include Prime Mover. hour $32.00 8458 Spreader Chemical Capacity 5 cy to 4 Trailer & Truck mounted. Does not hourl $4.20 8423 Spreader, Chip Spread Hopper Width 12.5 ft to 152 hourl $60.00 8424 Spreader, Chip Spread Hopper Width 16.5 ft to 215 hour $95.00 8425 Spreader, Chip, Mntd Hopper Size 8 ft to 8 Trailer & Truck mounted. hour $3.70 8455 Spreader, Sand Mounting Tailgate, Chassis hour $3.30 8456 Spreader, Sand Mounting Dump Body hour $5.50 8457 Spreader, Sand Mounting Truck 10 d hour $7.50 8440 Striper Paint Capacitv 40 qal to 22 1 hour $9.25 8441 Striper Paint Capacity 90 gal to 60 hour $21.00 8442 Striper Paint Capacity 120 gal to 122 hour $41.00 8445 Striper, Truck Mntd Paint Capacity 120 gal to 460 hour $85.00 8446 Striper, Walk- behind Paint Capacity 12 gal hour $3.80 8157 Sweeper Pavement to 110 hour $55.00 8158 Sweeper Pavement to 230 hour. $85.00 8590 Trailer Dump Capacity 20 cy Does not include Prime Mover. hour $8.00 8591 Trailer Dump Capacity 30 cy Does not include Prime Mover. hour $14.00 8600 Trailer Equipment Ca acit 30 ton hour $10.25 8601 Trailer Equipment Ca acit 40 ton hour $12.50 8602 Trailer E ui ment Capacity 60 ton hour $15.00 8603 Trailer Equipment Ca acit 120 ton hour $20.50 8640 Trailer Office Trailer Size 8'x 24' hour $1.70 8641 Trailer Office Trailer Size 8'x 32' hour $1.75 8642 Trailer Office Trailer Size 10'x 32' hour $2.60 8610 Trailer Water Tank Capacity 4000 gal Includes a centrifugal pump with sump and a rears ra bar. hour $11.00 8611 Trailer Water Tank Capacity 6000 qal Includes a centrifugal pump with sump and a rears ra bar. hour $14.00 8612 Trailer Water Tank Capacity 10000 qal I Includes a centrifugal pump with sump and a rears ra bar. hour $16.50 8613 Trailer Water Tank Capacity 14000 gal Includes a centrifugal pump with sump and a rear spraybar. hour $20.50 8650 Trencher to 40 Walk- behind, Crawler & Wheel Mounted. Chain and Wheel. hour $13.00 8651 Trencher to 85 Walk- behind, Crawler & Wheel Mounted. Chain and Wheel. hour, $29.00 8290 Trowel Concrete Diameter 48 in to 12 hour $5.50 8680 ITruck, Concrete Mixer Mixer Cape 13 cy to 300 hourl $90.00 8720 ITruck Dump Struck Capacity 8 cy to 220 hourl $43.00 Federal Emergency Management Agency May 1, 2008 Page 5 of 6 FEMA's Schedule of Equipment Rates Cost C Equipment Specification Capacity /Size HP Notes Unit Rate 8721 Truck Dump Struck Capacity 10 cy to 320 hour $60.00 8722 Truck Dump Struck Capacity 12 cy to 400 hour $75.00 8723 Truck Dump Struck Capacity 18 cy to 400 hour $80.00 8724 Truck Dump, Off Struck Capacity 28 cy to 450 hour $115.00 8690 Truck Fire Pump Capacity 1000 Opm hour $75.00 8691 Truck Fire Pump Ca pacity 1250 Qprn hour $90.00 8692 Truck Fire Pump Capacity 1500 ciDm hour, $95.00 8693 Truck Fire Pump Capacity 2000 qpm hour $105.00 8694 Truck Fire Ladder Ladder length 75 ft hour $145.00 8695 Truck Fire Ladder Ladder length 150 ft hour $175.00 8700 Truck Flatbed Maximum Gvw 15000 lb to 200 hour $25.00 8701 Truck Flatbed Maximum Gvw 25000 lb to 275 hour $28.00 8702 Truck Flatbed Maximum Gvw 30000 lb to 300 hour $31.00 8703 Truck Flatbed Maximum Gvw 45000 lb to 380 hour, $55.00 8730 Truck Garbage Capacity 25 cy to 255 hour $55.00 8731 Truck Garbage Capacity 32 cy to 325 hour $60.00 8800 Truck Pickup Transporting eo le. mile $0.58 8801 Truck Pickup 1 /2 ton hour $19.00 8802 Truck Pickup 1 ton hour $25.00 8803 Truck Pickup 1% ton hour $27.00 8804 Truck Pickup 1 1 /2 ton hour, $30.00 8805 Truck Pickup 1'/ ton hour $35.00 8790 Truck Tractor 4 x 2 30000 lb to 220 hour $38.00 8791 Truck Tractor 4 x 2 45000 lb to 310 hour $55.00 8792 Truck Tractor 6 x 4 50000 lb to 400 hour $70.00 8780 Truck Water Tank Capacity 2500 gal to 175 Include pump and rearspray system. hour $38.00 8781 Truck Water Tank Capacity 4000 gal to 250 Include pump and rearspray system. hour $50.00 8620 Tub Grinder to 440 hour $95.00 8621 Tub Grinder to 630 hour $140.00 8622 Tub Grinder to 760 hour $175.00 8623 Tub Grinder to 1000 1 hour 1 $275.00 8753 Vehicle Recreational to 10 1 hour $3.50 8750 Vehicle Small to 30 hour $8.00 8761 Vibrator Concrete to 4 hour $1.15 8770 Welder Portable to 16 Includes ground cable and lead cable. hour $6.75 8771 Welder Portable to 34 Includes round cable and lead cable. hour $16.00 8772 Welder Portable to 50 Includes ground cable and lead cable. hour $23.00 8773 lWelder, Portable to 80 Includes ground cable and lead cable. hour $31.00 Federal Emergency Management Agency May 1, 2008 Page 6 of 6 ATTACHMENT B RELEASE AGREEMENT RELEASE AGREEMENT I. RELEASE OF LIABILITY AGREEMENT: PARTICIPANT MUST READ CAREFULLY BEFORE SIGNING In consideration for being permitted to use and occupy certain City facilities and to use certain City equipment in connection with a pilot project being undertaken by the Gaia Institute Wellness Center, a Colorado nonprofit corporation, I hereby acknowledge, represent, and agree as follows: A. I understand that use of said facilities and equipment and related activities are inherently dangerous and do or may involve risks of death, injury, loss, or damage. I further acknowledge that such risks may include, but not be limited to, bodily injury, personal injury, sickness, disease, death, and property loss or damage. I acknowledge that such risks may arise from a variety of foreseeable and unforeseeable circum- stances connected with the use of the facilities and equipment and related activities, including but not limited to the following risks: injury from equipment use and misuse, death, burns, chemical burns, smoke inhalation, heart attack, back injury, skeletal injuries, hernia, muscular injuries, eye injuries, loss of fingers or limbs, paralysis and exsanguination. (Participant initials here) B. I hereby expressly assume all such risks of injury, loss, or damage to me arising out of or in any way related to the above - described use of said facilities and equipment and related activities, whether or not caused by the act, omission, negligence, or other fault of the City of Pueblo, its officers, its employees, or by any other cause. (Participant initials here) C. I understand and acknowledge that the City of Pueblo, its officers, and its employees are relying on, and do not waive or intend to waive by any provision of this RELEASE AGREEMENT, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. '24-10-101, et. se q., as amended, or otherwise available to the City of Pueblo, its officers, or its employees. I hereby agree that this Release of Liability Agreement extends to all acts of negligence by City, its officers and employees, including negligent rescue operations, and is intended to be as broad and inclusive as permitted by the laws of Colorado. (Participant initials here) D. I understand and agree that this RELEASE OF LIABILITY AGREEMENT shall be governed by the laws of the State of Colorado, and that jurisdiction and exclusive venue for any suit or cause of action under this Release of Liability Agreement shall lie in the district court of Pueblo County, Colorado and I consent to and submit to the jurisdiction of that Court. (Participant initials here) E. This RELEASE OF LIABILITY AGREEMENT shall be effective as of the date set forth below and shall be binding upon me, my successors, representatives, heirs, executors, assigns, and transferees. (Participant initials here) H. PARTICIPANT SIGNATURE AND DATE: Participant - Print Name: Participant Signature: Date: Witness: