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: