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HomeMy WebLinkAboutRFP - 8771 CHILDCARE PROVIDER & TENANT FOR 906 E STUART STREET (3)REQUEST FOR PROPOSAL 8771 CHILD CARE PROVIDER & TENANT FOR 906 E STUART The City of Fort Collins is requesting proposals from licensed child care providers to lease and provide child care at the City-owned facility located at 906 East Stuart Street in Fort Collins. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal instead, one (1) hard copy and one (1) electronic copy on a jump drive, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on August 10, 2018 and referenced as Proposal No. 8771. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. A pre-proposal meeting and site visit will be held at 10:00 AM MST, on July 26, 2018 at 906 E Stuart, Fort Collins. All questions should be submitted, preferably in writing via email, to Beth Diven, Buyer at (970) 221-6216 or bdiven@fcgov.com no later than 5:00 PM MST (our clock) on July 31, 2018. Please format your e-mail to include: RFP 8771 Child Care Provider & Tenant for 906 E Stuart in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 952-43 Family and Social Services Public Viewing Copy: The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. Firms are allowed to submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the firm will redact all text and/or data that it wishes to be considered confidential and Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 1 of 161 denote the information as “proprietary” or “confidential”. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. The selected vendor shall be expected to sign the City’s standard Lease Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 2 of 161 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from licensed child care providers to lease and provide child care at the City-owned facility located at 906 East Stuart Street in Fort Collins. B. Background Fort Collins is a vibrant community of approximately 151,000 located 65 miles north of Denver, at the base of the foothills of the Rocky Mountains. The City is 56 square miles in size and is the northern extension of the “Colorado Front Range” urban corridor. The City’s population includes over 24,000 college students. Child care represents a major expense for many Fort Collins families. The City of Fort Collins is working to address this issue by providing leadership, partnership and funding to increase the availability of more affordable child care services. The City of Fort Collins is the owner of the property at 906 E. Stuart Street, Fort Collins, CO 80524. This property had been the home of Riversong Waldorf School for many years. Riversong provided child care for families at this site and in 2017 relocated to a new location. The City is seeking a tenant who would be interested in this property. The property is currently empty and will be available immediately to the successful bidder. II. SCOPE OF PROPOSAL A. Scope of Work The City of Fort Collins intends to contract with a licensed child care provider for the 906 East Stuart Street facility, that can offer a nurturing and educational program that ensures the optimal physical, social, emotional and intellectual development of each enrolled child. Priority will be given to providers that dedicate all or part of their services to child care for ages 0-5. Priority will be given to providers that dedicate all or part of their services to low- moderate income clients, or who provide affordable/sliding-scale payment options for low-moderate income clients. Federal Area Median Income (AMI) levels shall be the determinant. The Provider shall: 1. Evaluate, complete and pay for all interior and exterior tenant finish improvements for their specific use to include design, permitting and construction which shall meet all federal, state and local laws and codes, including ADA compliance. 2. Provide all appliances, equipment, furniture, supplies, signage, etc. 3. Abide by all terms, provisions and conditions detailed in the final executed lease agreement. 4. Manage the day-to-day operations of the business activity at the facility. 5. Keep the premises in clean and good condition and repair. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 3 of 161 6. Be solely responsible for paying for all utilities, trash removal, janitorial services, etc. 7. Assume all legal and financial responsibility for subcontractor payments and for employee wages, taxes, FICA, employee fringe benefits, worker's compensation, employee insurance, minimum wage, overtime, etc. 8. Be a licensed child care provider and comply with all applicable federal, state, and local laws and codes required to be a licensed child care facility. Licensing information can be found at https://ecclc.org/parents-and-families/state-licensing/ . 9. Complete drug tests and background checks for all employees. The City of Fort Collins is prepared to enter into a five-year lease on this property with the option to renew at the sole discretion of the City. The tenant must submit any exceptions they may have with the lease term and renewal. B. Site Specifications Lot size: 0.3 Acres Design: Ranch style – main floor is main area of use for the building. There is a second floor office space that is only accessible from an outside stairway entrance. Building Square First Floor 1,687 square feet Footage: Second Floor 384 square feet Total 2,071 square feet C. Zoning and Disclosures • The proposal must be for a permitted use in the LMN Zoning District, must comply with all building code regulations and must meet the new Land Use Code Standards. This site has historically been used as a child care center and it is the intention of the City for it to remain as this use. If the successful applicant intends to operate a child care center and their operations commence prior to September 30, 2019, there will not be a requirement to bring the property into compliance with new Land Use Code. These requirements would include platting the lot. • A maximum of 34 children under age 16 may be served, per City code. This number may be reduced based on Colorado Department of Public Health and Environment regulations. • Current space does not meet food preparation regulations for commercial kitchen activity, only residential uses. Prior child care occupant had families bring their lunch meals and simple snacks were offered. Provider will need to verify and address food preparation and serving options with the appropriate regulatory agencies. • Some areas of occupied rooms in the facility may not meet draft-free temperature regulations at floor level as required by the Colorado Department of Public Health and Environment. It will be the provider’s responsibility to verify and address. • 3 parking spaces, with limited curb/street vehicle access. • Facility does not have whole-building air conditioning, however; window units may be installed. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 4 of 161 • Lead Disclosure and Lead-Based Paint Inspection Report from 2006 is included as Attachment A. • Asbestos Disclosure and Asbestos Abatement Monitoring Report from 2008 is included as Attachment B. D. Deliverables/Milestones The City of Fort Collins would like to have the new tenant initiate facility renovations starting in late 2018 and the property open for business in early 2019. The tenant must submit their proposed timeline for opening their business. E. Key Areas of Responsibility Purchasing Department: Beth Diven - Buyer Real Estate Services: Ken Mannon – Director, Facilities & Fleet Helen Matson – Manager, Real Estate Ashley Macdonald – Senior Coordinator, Real Estate Social Sustainability: Adam Molzer – City Grants & Community Partnerships Coordinator Beth Sowder – Director, Social Sustainability Department F. Minimum Qualifications • Provider must have demonstrated history of successfully operating this type or similar service. • Provider may have either for-profit or nonprofit incorporation. Provider must submit documentation from the Secretary of State to confirm they are an established business entity in good standing. Nonprofit providers must also submit current 501(c)3 determination letter. • Provider must have current state child care licensure (if applicable) in good standing and provide state licensing number. G. Anticipated Schedule The following represents the City’s the target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: • Pre-Proposal Meeting & Facility Tour: • Question deadline: • Proposal due date: • Interviews (tentative): • Award of Contract (tentative): July 17, 2018 10:00 AM MST on July 26, 2018 5:00 PM MST on July 31, 2018 3:00 PM MST (our clock) August 10, 2018 Week of September 3, 2018 September 14, 2018 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 5 of 161 H. Budget The City will provide dollar-for-dollar matching funds from its Child Care Accessibility and Affordability budget to support necessary upgrades and tenant finish, up to $20,000, subject to City approval and terms. The monthly rental for this property will be negotiated with the chosen tenant. I. Interviews In addition to submitting a written proposal, the top-rated provider may be interviewed by the City of Fort Collins and asked to do an oral presentation about their company and approach to the project. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. J. Subcontractors Provider shall list all services that will be performed in whole or in part by subcontractors, including the names and addresses of the subcontractors providing the services, as well as the specific type of services provided. K. Proposal Format Please limit the total length of your proposal to a maximum of twenty-five double sided or fifty single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. L. Fees, Licenses, Permits The successful provider shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. M. Laws and Regulations The Provider agrees to comply fully with all applicable State of Colorado and Federal laws and regulations, county and municipal ordinances. The Provider further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under and all state laws and regulations enacted and adopted pursuant thereto. N. Matching Fund Reimbursement Payments Matching funds for allowable, necessary facility upgrades and tenant finish shall be reimbursed to the Provider upon presentation of properly executed reimbursement forms as provided or approved by the City. The City shall reimburse the Provider a dollar-for- dollar match only for actual incurred costs, up to $20,000. Such reimbursement shall constitute full and complete payment by the City. Allowable costs shall mean those necessary and proper costs identified by the Provider and approved by the City prior to the commencing work. Any reimbursements must comply with the applicable City regulations. The Provider may not request disbursement of funds tfor payment of eligible costs until the work is completed. Funds dispersed by the City shall not exceed the RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 6 of 161 matched portion of funds expended by the Provider. The amount of each request must be limited to the amount needed. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL For this section, Providers are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Providers propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Providers include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Provider Information 1. Describe the Provider’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section V, Vendor Statement. 8. Employer Identification Number (EIN) and Child Care License Number (if applicable) C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. 2. Describe how the services proposed will improve the availability, affordability and/or capacity of child care in Fort Collins. Include details and proposed rate schedule that outline how low-moderate income families may be served and the related Federal AMI level determinants (Attachment C). RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 7 of 161 3. Describe how the facility upgrade and tenant finish activities would be managed and who would have primary responsibility for their timely and professional completion. 4. Identify what portion of the services provided, if any, may be subcontracted. D. Firm Capability Provide relevant information regarding previous experience related to this or similar services, to include the following: 1. Provide a list of qualifications for your firm. 2. Description of the staffing capacity for operations at 906 East Stuart Street. 3. List all complaints towards your firm that were determined as ‘founded’ by regulatory agencies in the prior ten (10) years, as well as any adverse licensing action applied. Identify if any pending complaints are currently in review. 4. References (current contact name, current telephone number and email address) from at least three community and/or business partners with similar cooperative relationships within the past five (5) years. Provide a description of the partnership. The Provider authorizes City to verify any and all information contained in the Provider’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. E. Assigned Personnel 1. Provide an organization chart containing the names, titles, qualifications and experience of the specific, lead staff members and sub consultants proposed to perform the services described above. Specific areas of responsibility for this Agreement shall be provided in this section. 2. A resume for each person assigned to the Agreement, including partners and/or sub consultants, shall be submitted. Please limit resumes to one page. 3. Describe the availability of personnel to manage the facility occupancy and tenant finish responsibilities in the context of the provider’s other commitments. 4. Provide a list of similar projects completed in the last five (5) years by the key members of the proposed team. F. Availability 1. Provide an outline of the schedule for completing tasks related to facility readiness and provision of service. 2. Can the work be completed in the necessary timeframe, with target start and completion dates met? 3. Are other qualified personnel available to assist in meeting the facility readiness schedule if required? RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 8 of 161 G. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe how your organization strives to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace. See Section IV: Review and Assessment for additional information. If possible, please highlight areas of opportunity in the project where sustainability could be applied and/or improved. H. Cost In your response to this proposal, please provide the following: 1. Description of the funding sources that will be applied to facility upgrades and tenant finish. Include any debt services that may be necessary to complete the work. 2. Description of the financial capacity for operations at 906 East Stuart Street. 3. Description of the business plan for operations at 906 East Stuart Street. I. Additional Information Provide any information that distinguishes provider from its competition and any additional information applicable to this RFP that might be valuable in assessing provider’s proposal. Explain any concerns provider may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VI) shall be documented. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 9 of 161 IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Providers will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated providers may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 3.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the City’s child care objectives and desired outcomes? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully comply with the tenant agreement? Will the firm have the staffing required to successfully provide services at the facility? Has the firm successfully partnered in similar cooperative relationships of this type and scope? Are there past regulatory findings that may elevate the liability of the Provider? 1.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the schedule if required? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost Does the proposal include reasonable and balanced funding sources necessary to occupy the facility and provide services? Are the financial projections thorough and reasonable for sustained operations at the facility? RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 10 of 161 Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you work with this firm again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the firm responsive to your needs or the needs of the project; did the firm anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? If the firm administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 11 of 161 V. PROVIDER STATEMENT Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Provider hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Provider’s knowledge and belief. b. Provider commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Provider further agrees that the method of award is acceptable. e. Provider also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Provider acknowledge receipt of addenda. Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: PROVIDER STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 12 of 161 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) LEASE AGREEMENT THIS LEASE AGREEMENT (“Agreement”), made and entered into this day of , 20 , by and between THE CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation (“Lessor") and , (“Daycare Center”), hereinafter referred to as "the Lessee". WITNESSETH: WHEREAS, the Lessor is the owner of that certain parcel of real estate, together with the improvements located thereon, situated in the County of Larimer, State of Colorado, being a tract of land situate in the Northeast 1/4 of the Northeast 1/4 of Section 24, Township 7 North, Range 69 West of the 6th P.M., and being a part of Tract 7, of the East Acres Subdivision, a subdivision of record in the County of Larimer, State of Colorado, and being more particularly described as follows: Considering the South line of said Tract 7 as bearing S 89º56' 00" West and with all bearings contained herein relative thereto: Commencing at the Southeast corner of said Tract 7, thence S 89º56'00" West along the said South line a distance of 846.15 feet to the point of beginning; thence along the East line of the Spring Meadows on Spring Creek Subdivision N 00º42' East, a distance of 140.77 feet; thence along a South line of said subdivision N 89º50' West, a distance of 99.97 feet; thence S 00º03'39" West, a distance of 141.16 feet more or less to the South line of said Tract 7; thence N 89º56'00" East, a distance of 98.40 feet to the true point of beginning, Town of Fort Collins, the street address of 906 E. Stuart Street in the City of Fort Collins, Colorado, containing 2,074 total square feet (the “Leased Premises”) as seen in “Exhibit A”; and, WHEREAS, the Lessee desires to lease the Premises for the purpose of early childhood programming and other associated uses; and WHEREAS, the use by Lessee of the Premises for its early childhood programming and other associated uses furthers an important public purpose of the City of Fort Collins. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations herein expressed and the monetary payment recited below, it is hereby mutually covenanted and agreed by and between the parties as follows: ARTICLE I Lease of the Leased Premises 1.1 The Lessor does hereby lease, demise and let unto the Lessee, and the Lessee does hereby hire and take from the Lessor the Leased Premises. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 13 of 161 ARTICLE II Term 2.1 The term of this Lease is for a period of five (5) months commencing on June 1st, 2018 and terminating at midnight on September 30th, 2019. At the Lessor’s sole option, this Lease may be extended for a maximum of one (1) additional one-month term. 2.2 Either party has the option to terminate the Lease at any time by giving the other party notice, in writing, at least thirty (30) days prior to the date of termination. Renewal or extension of said lease will be at the sole discretion of the Lessor at the time of expiration of the lease term. 2.3 This Lease will not be recorded; but, at the request of the Lessee, the Lessor and the Lessee will execute a Memorandum of Lease for recording, containing the names of the parties, the legal description of the Leased Premises, the term of the Lease and such other information as the parties shall mutually agree upon. ARTICLE III Rent 3.1 Lessee will pay to the City, in advance, the sum of ( ) per month as rent for the above described Premises due on the first day of each month commencing , 20 . 3.2 Lessee will pay ($ ) to be held as a security deposit on which the City is not required to pay interest to the Lessee. The City has the right to apply all or part of said deposit to any delinquent rent or utility charges to the Premises, but is not obligated to do so. Said deposit or balance thereof, after deduction for damages or past due rent or utility charges, will be refunded by the City only on termination of this Agreement, after inspection by the City and after all personal property of Lessee has been removed. If Lessee is not found to be in default of the performance of the covenants or conditions herein at the sole discretion of the Landlord, the deposit will be returned within 60 days of vacancy, provided Lessee has provided the City with a forwarding address to which the deposit can be mailed. This deposit shall be not applied to the last rental payment. 3.3 The Lessee must make all rent payments to the Lessor at such place as the Lessor may, from time to time, designate in writing. For the present, the Lessor designates Real Estate Services, 300 Laporte Avenue, Building B, P.O. Box 580, Fort Collins, CO 80522, as the place for making rental payments. All such rent must be paid in current legal tender of the United States as the same is then by law constituted. If Lessor agrees to an extension of time for the payment of any installment of rent or accepts any money other than of the kind herein specified, that will not be a waiver of Lessor’s right to insist on having all other payments of rent made in the manner and at the time herein specified. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 14 of 161 3.4 The rental amount set forth above is in addition to the Lessee's obligations with respect to the payment of real and personal property taxes, insurance premiums and the Lessee’s obligations with respect to the payment of utilities and maintenance of the Leased Premises. 3.5 The Lessee will pay all utility costs, as described in Article XI, Utilities below, for its portion of 906 E Stuart. ARTICLE IV Cost of Living Adjustment 4.1 At the end of 2018, the base rental shall be adjusted by the percentage increase in the Consumer Price Index for the Denver-Boulder region, (commonly referred to as the Cost of Living Index), All Urban Consumers (CPI-U), all Items, (base year 1982-84=100), published by the United States department of Labor, Bureau of Labor Statistics, as measured for each calendar year ending on December 31st. However, in no case will the increase exceed 3% annually. The increased monthly rental as so determined shall commence as of January 1, 2019 and shall continue until readjusted annually as provided for. If said Index ceases to be available, Landlord shall have the right to use the Index which has replaced, modified or changed said Index. If there is no replacement Index, Landlord shall have the right to increase the rental due, said rental adjustment being made in accordance with the provisions of this paragraph, with the percentage to be used being the percentage increase in said Index for the year immediately preceding the month in which said Index ceases to be published. Additional rents due because of Increase in cost of living Index, accrued prior to the date the current Index is available, shall be added to rents due for the remainder of the lease year and paid in equal installments with the rental payments for the succeeding months. ARTICLE V Use of Leased Premises 5.1. Lessee agrees to use and occupy the Premises only for the purpose of early childhood programming and associated uses and for no other purpose whatsoever without the prior written consent of the City. The Lessor makes no representations that said use is permitted within the zoning classification to which the Leased Premises are subject. The Lessee must not use the Leased Premises in such a manner as to violate any applicable law, rule, ordinance, or regulation of any governmental body. The Lessee may, upon obtaining the Lessor’s prior written consent, use the Leased Premises for any other lawful purpose. 5.2 Included as part of the terms of this lease is the use of fixtures and furniture remaining in the building at no additional cost to the Lessee. Lessor agrees to inventory the furniture, fixtures and equipment that will remain in the building and add as a supplement to the tenant walk in check list after said lease is executed. Lessee agrees that Lessor will not RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 15 of 161 repair, maintain or replace the fixtures/furniture. Lessee holds Lessor harmless from any damage or injury caused from said fixtures/furniture. Lessee agrees to leave any of said fixtures/furniture at the leased premises at the time of vacation. 5.3 Lessee accepts the Premises in their present condition “as is". Lessee acknowledges that the Premises, in their present condition, comply fully with the City’s covenants and obligations hereunder. Lessee stipulates that the Premises have been examined, including the grounds, buildings and all improvements, and that they are, at the time of this lease, in good order and repair, safe, clean and in tenantable condition. ARTICLE VI Maintenance and Repair 6.1. The Lessee must, during the term of this Lease and at its sole expense, keep the Leased Premises in a clean and orderly and safe condition, free of litter, debris, and any unsightly or dangerous condition as required by ordinances, resolutions, statutes and health, sanitary and police regulations. All such work must be done promptly and whenever necessary. 6.2 The Lessor, during the term of the Lease, will, at its expense, keep and maintain the exterior walls, foundation and roof of the Leased Premises. Any major repairs or replacements needed to plumbing, electrical and the heating and air conditioning system during the term of the Lease will be the responsibility of the Lessor. The Lessor will also be responsible for performing any routine maintenance and minor repair of systems located on the Leased Premises, including plumbing, electrical and heating and air conditioning. 6.3 The Lessee will also replace any and all plate, window and other glass (structural or otherwise) in, on or about the Lessee’s portion of the Leased Premises, which may be broken or destroyed, with glass of the same or similar quality. Any such replacement will be at Lessee’s cost. 6.4 Notwithstanding anything to the contrary contained herein, the Lessor will not in any way be liable to the Lessee for failure to make repairs as herein specifically required of Lessor unless the Lessee has previously notified the Lessor in writing of a need for such repairs and the Lessor has failed to commence and complete said repairs within a reasonable period of time following receipt of the Lessee's written notification. 6.5 During the Lease, the Lessee will be liable for and reimburse the Lessor for the cost of any repairs or damage caused by any act or negligence of the Lessee or the Lessee's agents, employees, or invitees. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 16 of 161 6.6 The Lessee must neither permit nor suffer any disorderly noise or nuisance whatsoever about the Leased Premises having any tendency to annoy or disturb any persons occupying adjacent premises. The Lessee will neither hold nor attempt to hold the Lessor liable for any injury or damage, either approximate or remote, occasioned through or caused by defective electrical wiring or the breaking or stoppage of plumbing or sewage upon the Leased Premises, whether said breakage or stoppage results from freezing or otherwise. The Lessee must not permit or suffer the Leased Premises or the walls thereof to be endangered by overloadings nor permit the Leased Premises to be used for any purpose which would render the insurance thereon void or insurance risks more hazardous without the prior written consent of the Lessor, which consent may be conditioned upon the Lessee obtaining additional specific insurance coverage for such more hazardous risks. ARTICLE VII Alterations and Improvements 7.1 Any and all alterations, additions, improvements or changes to the Leased Premises by the Lessee subsequent to the commencement of the Lease term are subject to the written approval of the Lessor and must be done in a good and workmanlike manner without impairing the structural soundness of the building and in compliance with the building and zoning laws and all other laws, ordinances, orders, rules, regulations and requirements of all federal state or municipal governments and the appropriate departments, commissions, boards and officers thereof. The Lessee must procure certificates of occupancy, if required by law. Furthermore, Lessee must not begin any alterations, additions or improvements until any contractor or subcontractor engaged for such purpose delivers to the Lessee (with a copy to the Lessor) a certificate showing that proper workmen's compensation insurance is in full force and effect, covering any persons performing such work, and that the same may not be canceled without at least ten (10) days prior written notice to the Lessor. Furthermore, Lessee must not begin any alterations, additions or improvements until the Lessee has procured and paid for all required municipal and other governmental permits and authorizations of the various municipal departments and governmental subdivisions having jurisdiction over the matter. 7.2 The Lessor reserves the right, from time to time (without invalidating or modifying this Lease), to make alterations, changes and additions to the Leased Premises. 7.3 Lessee must not begin any changes or alterations unless there is conspicuously placed on the Leased Premises the following notice: NOTICE RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 17 of 161 Notice is hereby given pursuant to section 38-22-105(2), C.R.S., that the owners of the within premises have not ordered any construction or reconstruction of the improvements on these premises; and the owners' interest in the premises shall not be subject to any lien on account of any construction, alteration, removal, addition, repair or other improvements of the premises. 7.4 At the end of the term of this Lease, all fixtures, furniture, equipment, additions and alterations, except trade fixtures installed by the Lessee, shall be and remain the property of the Lessor. However, the Lessor may require the Lessee to remove any or all such fixtures, equipment, additions and alterations and restore the Leased Premises to the condition that existed immediately prior to such change and installation, normal wear and tear excepted, all at the Lessee's cost and expense. All such work must be done in a good and workmanlike manner and must consist of new materials unless otherwise agreed to by the Lessor. ARTICLE VIII Covenant of Title and Quiet Enjoyment 8.1 The Lessor covenants that it is well seized of and has good title to lease the Leased Premises. ARTICLE IX Taxes, Real and Personal 9.1 Upon commencement of the term of this Agreement, the Lessee shall be responsible for payment of the real property taxes and assessments that may be imposed upon the Leased Premises. 9.2 The Lessee must pay all sales and use taxes that may be imposed as the result of the business conducted on the Leased Premises and all personal property taxes assessed against personal property situated thereon during the term of this Lease. 9.3 If Lessee fails to pay any such taxes, the Lessor may pay the same (but is under no obligation to do so), and the amount so paid will be due to Lessor from Lessee at the time of the next monthly rental payment. The Lessor, by paying any such amount, does not waive any of its rights hereunder regarding such default. 9.4 The Lessee is not required to pay any tax, assessment, tax lien or other imposition or charge upon or against the Leased Premises or any part thereof or the improvements at any time situated thereon so long as the Lessee, in good faith and with due diligence, contests the same or the validity thereof by appropriate legal proceedings that have the effect of preventing the collection of the tax, assessment, tax lien or other imposition or charge so contested. However, pending any such legal proceedings, the Lessee must give the Lessor such reasonable security as may be demanded by the Lessor to insure RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 18 of 161 payment of the amount of the tax, assessment, tax lien or other imposition or charge and all interest and penalties thereon. ARTICLE X Insurance 10.1 The Lessee, at its sole cost and expense, must procure, pay for and keep in full force and effect a policy of commercial general liability insurance covering the Leased Premises and the improvements thereon, insuring the Lessee in an amount not less than One Million Dollars ($1,000,000) covering bodily injury, including death to persons, personal injury and property damage liability arising out of a single occurrence. Such coverage must include, without limitation, legal liability of the insureds for property damage, bodily injuries and deaths of persons in connection with the operation, maintenance or use of the Leased Premises (including acts or omissions of the Lessee). 10.2 All policies of insurance carried by the Lessee must name the Lessee as insured and name the Lessor as an additional insured. The policy or policies must contain a provision that the policy or policies cannot be canceled or materially altered either by the insureds or the insurance company until thirty (30) days prior written notice thereof is given to the Lessee and the Lessor. Upon issuance or renewal of any such insurance policy, the Lessee must provide the Lessor with a certificate of insurance showing evidence of coverage that names the City of Fort Collins as additional insured. Any such policies must contain waivers of subrogation and waivers of any defense based on invalidity arising from any act or neglect of any assignees or sub lessees of the Lessee. Any insurance policy purchased by the Lessee must be written by an insurance carrier which has a current rating by Best's Insurance Reports of "A" (excellent) or better and a financial rating of "X" or better or such equivalent classification as may hereinafter be required customarily for properties similarly situated and approved by the Lessor and the insurance carrier must be authorized by law to do business in the State of Colorado. Notwithstanding anything to the contrary contained herein, the Lessee's obligation to carry insurance as provided herein may be brought within the coverage of a “blanket” policy or policies of insurance carried and maintained by the Lessee, so long as such policy or policies segregate the amount of coverage applicable to the Leased Premises. If the Lessee fails to procure, maintain and/or pay for at the times and for the duration specified herein any insurance required by this Lease, or fails to carry insurance required by law or governmental regulation, the Lessor may (but without obligation to do so) at any time or from time to time and without notice, procure such insurance and pay the premiums therefore. In such event, the Lessee must repay the Lessor all sums so paid by the Lessor, together with interest thereon and any costs or expenses incurred by the Lessor in connection therewith, within ten (10) days following the Lessor’s written demand to the Lessee for such payment. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 19 of 161 ARTICLE XI Utilities 11.1 The Lessee must pay all charges for gas, electricity, water, trash removal, sewer, storm water, janitorial services, telephone, internet and any other communication services used, rendered or supplied upon or in the Leased Premises. The Lessee agrees to indemnify the Lessor against any and all liability or damages on such accounts. 11.2 Lessee is permitted to install necessary internet/communication equipment prior to taking occupancy but not prior to execution of said lease. ARTICLE XII Signs 12.1 The Lessee must not affix, erect or maintain on the Leased Premises any sign or advertisement without first obtaining the Lessor’s approval. The Lessee is responsible for all costs of erection and maintenance of such sign or advertisement. ARTICLE XIII Subletting and Assignment 13.1 The Lessee must not assign this Lease, any interest or any part thereof, any right or privilege appurtenant thereto, nor mortgage or hypothecate the leasehold without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessor’s consent to one assignment or hypothecation is not a consent to any subsequent assignment or hypothecation; and, unless Lessee has obtained Lessor’s written consent, any assignment or transfer or attempted assignment or transfer of this lease or any interest therein or hypothecation either by the voluntary or involuntary act of the Lessee or by operation of law or otherwise, may, at the option of the Lessor, terminate this Lease; and any such purported assignment or transfer without such consent will be null and void. The Lessor’s consent to any such assignment does not relieve the Lessee from any obligation under this Lease unless the Lessor expressly agrees in writing to relieve the Lessee from such obligation. 13.2 If Lessee assigns this Lease or if the Leased Premises or any part thereof is sublet or occupied by anyone other than the Lessee, the Lessor may collect rent from the assignee, subtenant or occupant and employ the net amount collected to the rent herein reserved. No such collection will release the Lessee from the complete performance of Lessee’s obligations under this Lease. ARTICLE XIV Mechanic's Liens 14.1 The Lessee agrees to pay or cause to be paid promptly all bills and charges for material, labor or otherwise in connection with or arising out of any alterations, additions or changes made by the Lessee or its agents or subtenants to the Leased Premises; and the Lessee agrees to hold the Lessor free and harmless against all liens and claims of RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 20 of 161 liens for such labor and materials, or either of them, filed against the Leased Premises or any part thereof and from and against any expense and liability in connection therewith. The Lessee further agrees to discharge (either by payment or by filing the necessary bond or otherwise) any mechanic's, materialman's or other liens against the Leased Premises arising out of any payment due or alleged to be due for any work, labor, services, materials or supplies claimed to have been furnished at the Lessee's request in, on or about the Leased Premises and to indemnify the Lessor against any lien or claim of lien attached to or upon the Leased Premises or any part thereof by reason of any act or omission on the Lessee's part. The Lessee has, however, the right to contest any mechanic's liens or claims filed against the Leased Premises, provided the Lessee diligently prosecutes any such contest and at all times effectively stays or prevents any sale of the Leased Premises under execution or otherwise, and pays or otherwise satisfies any final judgment adjudging or enforcing such contested lien and thereafter procures record satisfaction or release thereof. The Lessee also agrees to defend any such contest on behalf of Lessor, at the Lessee's cost and expense. ARTICLE XV Condemnation 15.1 If, as a result of any exercise of the power of eminent domain (hereinafter referred to as “proceedings”), any of the following happen: (a) the title to the whole or substantially all of the Leased Premises is taken; (b) the Leased Premises are deprived of adequate ingress or egress to or from all public streets and highways abutting the Leased Premises; or (c) all or substantially all of the parking area outside of the Leased Premises is taken; and the Lessee cannot reasonably operate in the remainder of the Leased Premises the business being conducted on the Leased Premises at the time of such taking, then this Lease will terminate as of the date of such taking pursuant to such proceedings. For the purpose of construing the provisions of this Article, "proceedings" shall include any negotiated settlement of any matter involving a condemnation, and a "taking" shall be deemed to occur when title to the Leased Premises or possession thereof is acquired by a governmental authority, whichever first occurs. 15.2 If, during the term of this Lease, title to less than the whole or title to less than substantially all of the Leased Premises is taken in any such proceedings and the Lessee can reasonably operate in the remainder of the Leased Premises the business being conducted on the Leased Premises at the time of such taking, this Lease will not terminate. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 21 of 161 15.3 All damages awarded for any taking described in this Article are the property of the Lessor, except to the extent that any amount thereof is specifically attributable to the Lessee's trade fixtures and to the extent that the Lessor is permitted by law to recover any damages it may sustain as the result of such taking. ARTICLE XVI Total or Partial Destruction 16.1 If, during the term of this Lease, the Leased Premises or any part thereof is destroyed or so damaged by fire or other casualty as to become untenantable, then, at Lessor’s option, the term hereby created will cease; this Lease will become null and void from the date of such damage or destruction; and the Lessee must immediately surrender the Leased Premises and its interest therein to the Lessor. The Lessee must pay rent within said term only to the time of such surrender, provided, however, that the Lessor exercises such option to so terminate this Lease by notice in writing delivered to the Lessee within thirty (30) days after such damage or destruction. If the Lessor does not elect to terminate this Lease, this Lease will continue in full force and effect, and the Lessor will repair the Leased Premises with all reasonable speed, placing the same in as good a condition as it was at the time of the damage or destruction and for that purpose may enter upon the Leased Premises; and rent will abate in proportion to the extent and duration of the untenantability. In either event, the Lessee must remove all rubbish, debris, merchandise, furniture, furnishings, equipment and other items of its personal property within five (5) days after request by the Lessor. If the Leased Premises are only slightly injured by fire or the elements to not render the same untenable and unfit for occupancy, then the Lessor will repair the same with all reasonable speed. In that case, rent will not abate. Lessee is not entitled to any compensation from or claims against the Lessor for any inconvenience or annoyance arising from the necessity of repairing any portion of the Leased Premises, however the necessity may occur. ARTICLE XVII Holding Over 17.1 Any holding over after the expiration of the term of this Agreement, with the consent of the Lessor, will be construed as a tenancy from month to month on the same terms and conditions herein specified and at the last stated rental rate described in Section 4.1 above. ARTICLE XVIII Default of Lessee 18.1 If any one or more of the following events (herein referred to as "an event of default") happens: RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 22 of 161 (a) The Lessee defaults in the due and punctual payment for the rent or any other amounts required to be paid hereunder and such default continues for three (3) days after the receipt of written notice from the Lessor; (b) The Lessee neglects or fails to perform or observe any of Lessee’s other obligations hereunder, and the Lessee fail to remedy the same within fifteen (15) days after the Lessee receives written notice from the Lessor specifying such neglect or failure (or Lessee fails to begin such cure within said fifteen (15) days and proceed with due diligence to complete said cure when the default is of such nature that it cannot be cured within said fifteen (15) day period); or (c) The Lessee (i) is adjudicated bankrupt or insolvent, (ii) files a petition in bankruptcy for reorganization or for the adoption of an arrangement under the Bankruptcy Act (as now or in the future amended) or (iii) makes an assignment of its property for the benefit of its creditors. Then, and in any one or more such events, the Lessor has the right, at its election and while such event of default continues to give the Lessee written notice of its intention to terminate this Lease on the date of such given notice or any later date specified therein; and on such specified date, the Lessee’s right to possession of the Leased Premises will cease; and this Lease will be terminated. 18.2 If the Lessor must commence any action or proceeding to enforce any obligation of the Lessee under this Lease, the Lessor is entitled to a reimbursement of all costs and expenses incurred in said matter, including reasonable attorney’s fees. 18.3 The Lessor reserves the right to make any payments or perform any action required hereunder by the Lessee (but is not required to do so); and all amounts expended by the Lessor, together with interest at the rate of eighteen percent (18%) per annum, must be paid by the Lessee within 30 days following notification of such expenditures. ARTICLE XIX Interest and Late Charges 19.1 Any amount due to the Lessor from the Lessee under this Agreement not paid when due will bear interest at the rate of ten percent (10%) per annum from the due date until paid. Payments of such interest will not excuse or cure any default by the Lessee under this Agreement. In addition, if the Lessee fails to pay any payment when due and such failure continue for a period of ten (10) days following the due date, the Lessee must pay to the Lessor a monthly collection service charge of five percent (5%) of the late payment amount, which is due and payable immediately. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 23 of 161 ARTICLE XX Attorneys' Fees 20.1 The Lessee will pay and indemnify the Lessor against all legal costs and charges, including legal costs and attorneys' fees, lawfully and reasonably incurred in obtaining possession of the Leased Premises after default of the Lessee, or incurred after the Lessee surrenders possession upon the expiration or sooner termination of this Lease, or incurred in enforcing any covenant of the Lessee herein contained or any right granted to the Lessor. ARTICLE XXI Lessee to Save Lessor Harmless 21.1 The Lessee will indemnify, release, and hold the Lessor harmless from all claims, demands, judgments, costs, and expenses, including attorneys' fees, arising out of any accident or occurrence causing injury to any person or property whomsoever or whatsoever due directly or indirectly to the condition of the Leased Premises or the use or neglect of the Leased Premises by the Lessee, its agents, employees and business invitees or any person or persons (and their agents, employees, and business invitees) holding under the Lessee, unless such accident or occurrence results from any tortious misconduct or negligent act or omission on the part of the Lessor, its agents and employees. 21.2 The Lessee will further indemnify, release and hold harmless the Lessor from any damages and all penalties arising out of any failure of the Lessee, in any respect, to comply with all the requirements and provisions of this Agreement. The Lessee covenants that the Lessee will keep and save the Lessor and the Lessor’s interest in and to the Leased Premises forever harmless from any penalty, damage or charge imposed by any violation of any laws, whether occasioned by an act of neglect of the Lessee, or by another or others in the Leased Premises holding under or through the Lessee. ARTICLE XXII Hazardous Material 22.1 As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the state of Colorado or the United States Government. The term "hazardous material" includes, without limitation, any material or substance that is: (i) defined as a "hazardous substance" under appropriate state law provisions; (ii) petroleum; (iii) asbestos; (iv) designated as "hazardous substance" pursuant to section 311 of the Federal Water Pollution Control Act (33 U.S.C. section 1321); (v) defined as "hazardous waste" pursuant to section 1004 of the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6903); (vi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601); or (vii) defined as a "regulated substance" RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 24 of 161 pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks) (42 U.S.C. Section 6991. 22.2 The Lessee must not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Leased Premises by the Lessee, its agents, employees, contractors or invitees, without the prior written consent of the Lessor (which Lessor will not unreasonably withhold as long as the Lessee demonstrates to the Lessor’s reasonable satisfaction that such hazardous material is necessary or useful to the Lessee's business and will be used, kept and stored in a manner which complies with all laws regulating any such Hazardous Material). If the Lessee breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by the Lessee results in contamination of the Leased Premises or if contamination of the Leased Premises by Hazardous Material otherwise occurs for which the Lessee is legally liable to the Lessor for damage resulting therefrom, then the Lessee will release, indemnify, defend and hold the Lessor harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution value of the Leased Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Leased Premises, damages, arising from adverse impact or marketing of space, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Lease term as a result of such contamination. This indemnification of the Lessor by the Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Leased Premises. Without limiting the foregoing, if the presence of any Hazardous Material on the Leased Premises caused or permitted by the Lessee results in any contamination of the Leased Premises, the Lessee must promptly take all actions at its sole expense as are necessary to return the Leased Premises to the condition existing prior to the introduction of any such Hazardous Material to the Leased Premises; provided that the Lessee first obtains Lessor’s approval of such action, which approval will not be unreasonably withheld so long as such action would not potentially have any material adverse effect on the Leased Premises. 22.3 Lessee acknowledges the presence of lead-based paint on the Premises, and the receipt of the report titled, “Lead-Based Paint Inspection – Residential Structure” prepared by Walsh Environmental Scientists and Engineers, LLC, dated August 4, 2006 and revised August 9, 2006 (the “Report”) Lessee shall be responsible for all routine maintenance associated with the use of the Premises. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 25 of 161 22.4 The City had an ambient air monitoring performed on the Premises in December 2007 by Walsh Environmental Scientists and Engineers, LLC. which resulted in an “Asbestos Abatement Monitoring Report” by Walsh Environmental dated March 28, 2008 (the “Asbestos Report”). Lessee acknowledges receipt of said Asbestos Report, attached hereto as Exhibit “B”, and incorporated herein by reference. ARTICLE XXIII Notices 23.1 Any notice or other communication given by either party hereto to the other relating to this Agreement must be hand delivered, sent by overnight commercial courier, or sent by registered or certified mail, return receipt requested, addressed to such other party at their respective addresses set forth below; and such notice or other communication shall be deemed given when so hand delivered or mailed: If to the Lessor, to: City of Fort Collins Real Estate Services P.O. Box 580 Fort Collins, CO 80521 If to the Lessee, to: Attn: Where permitted by law, Lessor may also deliver notice to Lessee by posting in a conspicuous place on the Leased Premises. ARTICLE XXIV Subordination 24.1 Lessor reserves the right to subject and subordinate this Lease at all times to the lien of any mortgages or deeds of trust hereafter placed upon the Lessor’s interest. The Lessee agrees to promptly execute and deliver, upon the Lessor’s request, such instruments subordinating this Lease to the lien of any such mortgages or deeds of trust as are reasonably necessary in connection therewith, provided that the Lessor delivers to the Lessee at the same time an agreement by the holder of any such mortgage (or deed of trust) agreeing not to disturb or interfere with the rights of the Lessee hereunder in the event of any foreclosure so long as the Lessee complies with all of the provisions hereof. ARTICLE XXV Americans with Disabilities Act (ADA) RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 26 of 161 25.1 The Lessee must comply with all Federal, State and local laws, including the requirements of the Americans with Disabilities Act (ADA). The Lessor does not represent that the Leased Premises meet the requirements of the ADA for the purposes of Lessee's intended use of the Leased Premises. Any improvements required to bring the Leased Premises into compliance with the ADA for the purposes of Lessee’s intended use are Lessee’s sole responsibility, and Lessee will indemnify and defend the Lessor against any claims brought under the ADA regarding the Leased Premises. ARTICLE XXVI Time of the Essence 26.1 Time is of the essence of this Agreement and each and every provision hereof. ARTICLE XXVII Lessor’s Right of Entry 27.1 Lessor reserves the right at all reasonable times and with reasonable notice of not less than twenty-four (24) hours, and at all times during emergencies, for Lessor or Lessor’s agents to enter the Leased Premises for the purpose of inspecting and examining the same, or to show the same to prospective purchasers or tenants, or to make such repairs, alterations, improvements or additions as Lessor may deem necessary or desirable. During the ninety days prior to the expiration of the term of this Lease or any renewal term, Lessor may exhibit the Leased Premises with prior notice and so as not to interfere with regular use of the space, to prospective tenants or purchasers and place upon the Leased Premises, the usual notice advertising the Leased Premises for sale or lease, as the case may be, which notices Lessee shall permit to remain thereon without molestation. 27.2 In the event of an emergency, in order to protect or minimize the risk of harm to life or property if Lessee shall not be personally present to open and permit an entry into the Leased Premises, or at any time when for any reason an entry therein shall be necessary or permissible, Lessor or Lessor’s agents may enter the same by a master key or may forcibly enter the same, without rendering Lessor or such agents liable therefore, and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Lessor any obligation, responsibility, or liability whatsoever for the care, maintenance or repair of the building or any part thereof, except as otherwise herein specifically provided. ARTICLE XXVIII Miscellaneous 28.1 Words of the masculine gender include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender refer to any gender. Words in the singular include the plural and vice versa. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 27 of 161 28.2 This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto and is deemed to be and contain the entire understanding and agreement between the parties hereto. There should not be deemed to be any other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by both parties hereto. 28.3 The section headings used herein are for convenience of reference only and in no way define, limit or prescribe the scope or intent of any provision under this Agreement. 28.4 Subject to the provisions hereof, the benefits of this Agreement and the burdens hereunder inure to and are binding upon the parties hereto and their respective heirs, administrators, successors and permitted assigns. 28.5 No waivers by the Lessor of any one or more of the terms, covenants, conditions and agreements of this Agreement shall be deemed, to imply or constitute a waiver of any succeeding or other breach hereunder; and the failure of the Lessor to insist upon strict performance of the terms, conditions, covenants and agreements herein contained or any of them do not constitute and should not be considered as a waiver or relinquishment of the Lessor’s rights thereafter to enforce any such default or term, condition, covenant or agreement; and the same will continue in full force and effect. 28.6 The remedies of the Lessor under this Lease are cumulative, and no one of them shall be construed as exclusive of any other or of any other remedy provided by law. This lease is governed by and its terms construed under the laws of the State of Colorado. 28.7 The Lessor reserves the right to grant such utility easements and other easements as it desires over, across and under portions of the Leased Premises so long as such easements do not unreasonably interfere with the Lessee's continuing use of the Leased Premises. 28.8 At any time, and from time to time, the Lessee agrees, upon request in writing from the Lessor, to execute, acknowledge and deliver to the Lessor a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications) and the date to which the rent and other charges have been paid. 28.9 No act or thing done by the Lessor or the Lessor’s agents or employees during the term hereof will be considered as an acceptance of the surrender of the Leased Premises, and no agreement to accept such surrender will be valid unless in writing signed by the Lessor. No employee of the Lessor or the Lessor’s agent has any power to accept the keys to the Leased Premises prior to the termination of this Lease. The delivery of keys RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 28 of 161 to an employee of the Lessor or to the Lessor’s agent will not operate as a termination of this Lease or a surrender of the Leased Premises. 28.10 The Lessee, upon the expiration or termination of this Lease, either by lapse of term or otherwise, agrees to peaceably surrender to the Lessor the Leased Premises, including the alterations, additions, improvements, changes and fixtures other than the Lessee's movable trade fixtures, equipment and furniture, in broom-clean condition and in good repair, as hereinabove provided, and except for acts of God and ordinary wear, and damage by fire or other casualty not caused by the negligence of the Lessee or anyone under the Lessee's control. 28.11 The Lessee acknowledges and agrees that the Lessee has not relied upon any statements, representations, agreements or warranties except such as are expressed herein. 28.12 Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or a partnership or a joint venture between the parties hereto, it being agreed that none of the provisions set forth herein nor any acts of the parties herein shall be deemed to create a relationship between the parties hereto other than the relationship of Lessor and Lessee. 28.13 The parties hereto acknowledge that certain items of personal property may be located within the commercial building which is located on the Leased Premises. The Lessor makes no representations or warranties regarding their ownership of any such items of personal property or the condition thereof. The parties hereto acknowledge that said items of personal property located within said building may belong to third parties. The Lessee agrees to release, indemnify and hold the Lessor harmless against any liability for any improper use or disposition by the Lessee of any items of personal property belonging to third parties. 28.14 The premises are rented as smoke-free and Lessee agrees to abide by City Ordinance No. 098, 2015 not to smoke or vaporize ANY substance in, on or near the Premises and to ensure that Lessee’s clients and employees adhere to the non-smoking policy. [signature page follows] RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 29 of 161 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: LESEE'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 30 of 161 ATTACHMENT A RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 31 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 32 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 33 of 161 Protect Your Family From Lead in Your Home United States Environmental Protection Agency United States Consumer Product Safety Commission United States Department of Housing and Urban Development SeptSeptember RFP 2013 8771 Child Care Provider & Tenant for 906 E Stuart Page 34 of 161 Are You Planning to Buy or Rent a Home Built Before 1978? Did you know that many homes built before 1978 have lead-based paint? Lead from paint, chips, and dust can pose serious health hazards. Read this entire brochure to learn: • How lead gets into the body • About health effects of lead • What you can do to protect your family • Where to go for more information Before renting or buying a pre-1978 home or apartment, federal law requires: • Sellers must disclose known information on lead-based paint or lead- based paint hazards before selling a house. • Real estate sales contracts must include a specific warning statement about lead-based paint. Buyers have up to 10 days to check for lead. • Landlords must disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Leases must include a specific warning statement about lead-based paint. If undertaking renovations, repairs, or painting (RRP) projects in your pre-1978 home or apartment: • Read EPA’s pamphlet, The Lead-Safe Certified Guide to Renovate Right, to learn about the lead-safe work practices that contractors are required to follow when working in your home (see page 12). RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 35 of 161 Simple Steps to Protect Your Family from Lead Hazards If you think your home has lead-based paint: • Don’t try to remove lead-based paint yourself. • Always keep painted surfaces in good condition to minimize deterioration. • Get your home checked for lead hazards. Find a certified inspector or risk assessor at epa.gov/lead. • Talk to your landlord about fixing surfaces with peeling or chipping paint. • Regularly clean floors, window sills, and other surfaces. • Take precautions to avoid exposure to lead dust when remodeling. • When renovating, repairing, or painting, hire only EPA- or state- approved Lead-Safe certified renovation firms. • Before buying, renting, or renovating your home, have it checked for lead-based paint. • Consult your health care provider about testing your children for lead. Your pediatrician can check for lead with a simple blood test. • Wash children’s hands, bottles, pacifiers, and toys often. • Make sure children avoid fatty (or high fat) foods and eat nutritious meals high in iron and calcium. • Remove shoes or wipe soil off shoes before entering your house. 1 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 36 of 161 Lead Gets into the Body in Many Ways Adults and children can get lead into their bodies if they: • Breathe in lead dust (especially during activities such as renovations, repairs, or painting that disturb painted surfaces). • Swallow lead dust that has settled on food, food preparation surfaces, and other places. • Eat paint chips or soil that contains lead. Lead is especially dangerous to children under the age of 6. • At this age, children’s brains and nervous systems are more sensitive to the damaging effects of lead. • Children’s growing bodies absorb more lead. • Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them. Women of childbearing age should know that lead is dangerous to a developing fetus. • Women with a high lead level in their system before or during pregnancy risk exposing the fetus to lead through the placenta during fetal development. 2 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 37 of 161 Health Effects of Lead Lead affects the body in many ways. It is important to know that even exposure to low levels of lead can severely harm children. In children, exposure to lead can cause: • Nervous system and kidney damage • Learning disabilities, attention deficit disorder, and decreased intelligence • Speech, language, and behavior problems • Poor muscle coordination • Decreased muscle and bone growth • Hearing damage While low-lead exposure is most common, exposure to high amounts of lead can have devastating effects on children, including seizures, unconsciousness, and, in some cases, death. Although children are especially susceptible to lead exposure, lead can be dangerous for adults, too. In adults, exposure to lead can cause: • Harm to a developing fetus • Increased chance of high blood pressure during pregnancy • Fertility problems (in men and women) • High blood pressure • Digestive problems • Nerve disorders • Memory and concentration problems • Muscle and joint pain 3 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 38 of 161 Check Your Family for Lead Get your children and home tested if you think your home has lead. Children’s blood lead levels tend to increase rapidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simple blood test can detect lead. Blood lead tests are usually recommended for: • Children at ages 1 and 2 • Children or other family members who have been exposed to high levels of lead • Children who should be tested under your state or local health screening plan Your doctor can explain what the test results mean and if more testing will be needed. 4 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 39 of 161 Where Lead-Based Paint Is Found In general, the older your home or childcare facility, the more likely it has lead-based paint.1 Many homes, including private, federally-assisted, federally- owned housing, and childcare facilities built before 1978 have lead-based paint. In 1978, the federal government banned consumer uses of lead-containing paint.2 Learn how to determine if paint is lead-based paint on page 7. Lead can be found: • In homes and childcare facilities in the city, country, or suburbs, • In private and public single-family homes and apartments, • On surfaces inside and outside of the house, and • In soil around a home. (Soil can pick up lead from exterior paint or other sources, such as past use of leaded gas in cars.) Learn more about where lead is found at epa.gov/lead. 5 1 “Lead-based paint” is currently defined by the federal government as paint with lead levels greater than or equal to 1.0 milligram per square centimeter (mg/cm), or more than 0.5% by weight. 2 “Lead-containing paint” is currently defined by the federal government as lead in new dried paint in excess of 90 parts per million (ppm) by weight. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 40 of 161 Identifying Lead-Based Paint and Lead-Based Paint Hazards Deteriorating lead-based paint (peeling, chipping, chalking, cracking, or damaged paint) is a hazard and needs immediate attention. Lead-based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear and tear, such as: • On windows and window sills • Doors and door frames • Stairs, railings, banisters, and porches Lead-based paint is usually not a hazard if it is in good condition and if it is not on an impact or friction surface like a window. Lead dust can form when lead-based paint is scraped, sanded, or heated. Lead dust also forms when painted surfaces containing lead bump or rub together. Lead paint chips and dust can get on surfaces and objects that people touch. Settled lead dust can reenter the air when the home is vacuumed or swept, or when people walk through it. EPA currently defines the following levels of lead in dust as hazardous: • 40 micrograms per square foot (μg/ft2) and higher for floors, including carpeted floors • 250 μg/ft2 and higher for interior window sills Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes. EPA currently defines the following levels of lead in soil as hazardous: • 400 parts per million (ppm) and higher in play areas of bare soil • 1,200 ppm (average) and higher in bare soil in the remainder of the yard Remember, lead from paint chips—which you can see—and lead dust—which you may not be able to see—both can be hazards. The only way to find out if paint, dust, or soil lead hazards exist is to test for them. The next page describes how to do this. 6 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 41 of 161 7 Checking Your Home for Lead You can get your home tested for lead in several different ways: • A lead-based paint inspection tells you if your home has lead- based paint and where it is located. It won’t tell you whether your home currently has lead hazards. A trained and certified testing professional, called a lead-based paint inspector, will conduct a paint inspection using methods, such as: • Portable x-ray fluorescence (XRF) machine • Lab tests of paint samples • A risk assessment tells you if your home currently has any lead hazards from lead in paint, dust, or soil. It also tells you what actions to take to address any hazards. A trained and certified testing professional, called a risk assessor, will: • Sample paint that is deteriorated on doors, windows, floors, stairs, and walls • Sample dust near painted surfaces and sample bare soil in the yard • Get lab tests of paint, dust, and soil samples • A combination inspection and risk assessment tells you if your home has any lead-based paint and if your home has any lead hazards, and where both are located. Be sure to read the report provided to you after your inspection or risk assessment is completed, and ask questions about anything you do not understand. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 42 of 161 8 Checking Your Home for Lead, continued In preparing for renovation, repair, or painting work in a pre-1978 home, Lead-Safe Certified renovators (see page 12) may: • Take paint chip samples to determine if lead-based paint is present in the area planned for renovation and send them to an EPA-recognized lead lab for analysis. In housing receiving federal assistance, the person collecting these samples must be a certified lead-based paint inspector or risk assessor • Use EPA-recognized tests kits to determine if lead-based paint is absent (but not in housing receiving federal assistance) • Presume that lead-based paint is present and use lead-safe work practices There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency for more information, visit epa.gov/lead, or call 1-800-424-LEAD (5323) for a list of contacts in your area.3 3 Hearing- or speech-challenged individuals may access this number through TTY by calling the Federal Relay Service at 1-800-877-8399. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 43 of 161 9 What You Can Do Now to Protect Your Family If you suspect that your house has lead-based paint hazards, you can take some immediate steps to reduce your family’s risk: • If you rent, notify your landlord of peeling or chipping paint. • Keep painted surfaces clean and free of dust. Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner. (Remember: never mix ammonia and bleach products together because they can form a dangerous gas.) • Carefully clean up paint chips immediately without creating dust. • Thoroughly rinse sponges and mop heads often during cleaning of dirty or dusty areas, and again afterward. • Wash your hands and your children’s hands often, especially before they eat and before nap time and bed time. • Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly. • Keep children from chewing window sills or other painted surfaces, or eating soil. • When renovating, repairing, or painting, hire only EPA- or state- approved Lead-Safe Certified renovation firms (see page 12). • Clean or remove shoes before entering your home to avoid tracking in lead from soil. • Make sure children avoid fatty (or high fat) foods and eat nutritious meals high in iron and calcium. Children with good diets absorb less lead. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 44 of 161 10 Reducing Lead Hazards Disturbing lead-based paint or removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house. • In addition to day-to-day cleaning and good nutrition, you can temporarily reduce lead-based paint hazards by taking actions, such as repairing damaged painted surfaces and planting grass to cover lead- contaminated soil. These actions are not permanent solutions and will need ongoing attention. • You can minimize exposure to lead when renovating, repairing, or painting by hiring an EPA- or state- certified renovator who is trained in the use of lead-safe work practices. If you are a do-it-yourselfer, learn how to use lead–safe work practices in your home. • To remove lead hazards permanently, you should hire a certified lead abatement contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead-based paint with special materials. Just painting over the hazard with regular paint is not permanent control. Always use a certified contractor who is trained to address lead hazards safely. • Hire a Lead-Safe Certified firm (see page 12) to perform renovation, repair, or painting (RRP) projects that disturb painted surfaces. • To correct lead hazards permanently, hire a certified lead abatement professional. This will ensure your contractor knows how to work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 45 of 161 11 Reducing Lead Hazards, continued If your home has had lead abatement work done or if the housing is receiving federal assistance, once the work is completed, dust cleanup activities must be conducted until clearance testing indicates that lead dust levels are below the following levels: • 40 micrograms per square foot (μg/ft2) for floors, including carpeted floors • 250 μg/ft2 for interior windows sills • 400 μg/ft2 for window troughs For help in locating certified lead abatement professionals in your area, call your state or local agency (see pages 14 and 15), or visit epa.gov/lead, or call 1-800-424-LEAD. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 46 of 161 12 Renovating, Remodeling, or Repairing (RRP) a Home with Lead-Based Paint If you hire a contractor to conduct renovation, repair, or painting (RRP) projects in your pre-1978 home or childcare facility (such as pre-school and kindergarten), your contractor must: • Be a Lead-Safe Certified firm approved by EPA or an EPA-authorized state program • Use qualified trained individuals (Lead-Safe Certified renovators) who follow specific lead-safe work practices to prevent lead contamination • Provide a copy of EPA’s lead hazard information document, The Lead-Safe Certified Guide to Renovate Right RRP contractors working in pre-1978 homes and childcare facilities must follow lead-safe work practices that: • Contain the work area. The area must be contained so that dust and debris do not escape from the work area. Warning signs must be put up, and plastic or other impermeable material and tape must be used. • Avoid renovation methods that generate large amounts of lead-contaminated dust. Some methods generate so much lead- contaminated dust that their use is prohibited. They are: • Open-flame burning or torching • Sanding, grinding, planing, needle gunning, or blasting with power tools and equipment not equipped with a shroud and HEPA vacuum attachment and • Using a heat gun at temperatures greater than 1100°F • Clean up thoroughly. The work area should be cleaned up daily. When all the work is done, the area must be cleaned up using special cleaning methods. • Dispose of waste properly. Collect and seal waste in a heavy duty bag or sheeting. When transported, ensure that waste is contained to prevent release of dust and debris. To learn more about EPA’s requirements for RRP projects visit epa.gov/getleadsafe, or read The Lead-Safe Certified Guide to Renovate RFP 8771 Right. Child Care Provider & Tenant for 906 E Stuart Page 47 of 161 Other Sources of Lead While paint, dust, and soil are the most common sources of lead, other lead sources also exist: • Drinking water. Your home might have plumbing with lead or lead solder. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might contain lead: • Use only cold water for drinking and cooking. • Run water for 15 to 30 seconds before drinking it, especially if you have not used your water for a few hours. Call your local health department or water supplier to find out about testing your water, or visit epa.gov/lead for EPA’s lead in drinking water information. • Lead smelters or other industries that release lead into the air. • Your job. If you work with lead, you could bring it home on your body or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family’s clothes. • Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. Call your local health department for information about hobbies that may use lead. • Old toys and furniture may have been painted with lead-containing paint. Older toys and other children’s products may have parts that contain lead.4 • Food and liquids cooked or stored in lead crystal or lead-glazed pottery or porcelain may contain lead. • Folk remedies, such as “greta” and “azarcon,” used to treat an upset stomach. 4 In 1978, the federal government banned toys, other children’s products, and furniture with lead-containing paint (16 CFR 1303). In 2008, the federal government banned lead in most children’s products. The federal government currently bans lead in excess of 100 ppm by weight in most children’s products (76 FR 44463). 13 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 48 of 161 For More Information The National Lead Information Center Learn how to protect children from lead poisoning and get other information about lead hazards on the Web at epa.gov/lead and hud.gov/lead, or call 1-800-424-LEAD (5323). EPA’s Safe Drinking Water Hotline For information about lead in drinking water, call 1-800-426-4791, or visit epa.gov/lead for information about lead in drinking water. Consumer Product Safety Commission (CPSC) Hotline For information on lead in toys and other consumer products, or to report an unsafe consumer product or a product-related injury, call 1-800-638-2772, or visit CPSC’s website at cpsc.gov or saferproducts.gov. State and Local Health and Environmental Agencies Some states, tribes, and cities have their own rules related to lead- based paint. Check with your local agency to see which laws apply to you. Most agencies can also provide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone information for your state or local contacts on the Web at epa.gov/lead, or contact the National Lead Information Center at 1-800-424-LEAD. 14 Hearing- or speech-challenged individuals may access any of the phone numbers in this brochure through TTY by calling the toll- free Federal Relay Service at 1-800-877-8339. RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 49 of 161 U. S. Environmental Protection Agency (EPA) Regional Offices The mission of EPA is to protect human health and the environment. Your Regional EPA Office can provide further information regarding regulations and lead protection programs. Region 1 (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont) Regional Lead Contact U.S. EPA Region 1 5 Post Office Square, Suite 100, OES 05-4 Boston, MA 02109-3912 (888) 372-7341 Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands) Regional Lead Contact U.S. EPA Region 2 2890 Woodbridge Avenue Building 205, Mail Stop 225 Edison, NJ 08837-3679 (732) 321-6671 Region 3 (Delaware, Maryland, Pennsylvania, Virginia, DC, West Virginia) Regional Lead Contact U.S. EPA Region 3 1650 Arch Street Philadelphia, PA 19103 (215) 814-2088 Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) Regional Lead Contact U.S. EPA Region 4 AFC Tower, 12th Floor, Air, Pesticides & Toxics 61 Forsyth Street, SW Atlanta, GA 30303 (404) 562-8998 Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) Regional Lead Contact U.S. EPA Region 5 (DT-8J) 77 West Jackson Boulevard Chicago, IL 60604-3666 (312) 886-7836 Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas, and 66 Tribes) Regional Lead Contact U.S. EPA Region 6 1445 Ross Avenue, 12th Floor Dallas, TX 75202-2733 (214) 665-2704 Region 7 (Iowa, Kansas, Missouri, Nebraska) Regional Lead Contact U.S. EPA Region 7 11201 Renner Blvd. WWPD/TOPE Lenexa, KS 66219 (800) 223-0425 Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming) Regional Lead Contact Consumer Product Safety Commission (CPSC) The CPSC protects the public against unreasonable risk of injury from consumer products through education, safety standards activities, and enforcement. Contact CPSC for further information regarding consumer product safety and regulations. CPSC 4330 East West Highway Bethesda, MD 20814-4421 1-800-638-2772 cpsc.gov or saferproducts.gov U. S. Department of Housing and Urban Development (HUD) This document is in the public domain. It may be produced by an individual or organization without permission. Information provided in this booklet is based upon current scientific and technical understanding of the issues presented and is reflective of the jurisdictional boundaries established by the statutes governing the co-authoring agencies. Following the advice given will not necessarily provide complete protection in all situations or against all health hazards that can be caused by lead exposure. U. S. EPA Washington DC 20460 EPA-747-K-12-001 U. S. CPSC Bethesda MD 20814 U. S. HUD Washington DC 20410 HUD’s mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. Contact HUD’s Office of Healthy Homes and Lead Hazard Control for further information regarding the Lead Safe Housing Rule, which protects families in pre-1978 assisted housing, and for the lead hazard control and research grant programs. HUD 451 Seventh Street, SW, Room 8236 Washington, DC 20410-3000 (202) 402-7698 hud.gov/offices/lead/ September 2013 16 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 51 of 161 IMPORTANT! Lead From Paint, Dust, and Soil in and Around Your Home Can Be Dangerous if Not Managed Properly • Children under 6 years old are most at risk for lead poisoning in your home. • Lead exposure can harm young children and babies even before they are born. • Homes, schools, and child care facilities built before 1978 are likely to contain lead-based paint. • Even children who seem healthy may have dangerous levels of lead in their bodies. • Disturbing surfaces with lead-based paint or removing lead-based paint improperly can increase the danger to your family. • People can get lead into their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead. • People have many options for reducing lead hazards. Generally, lead-based paint that is in good condition is not a hazard (see page 10). 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Provider & Tenant for 906 E Stuart Page 66 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 67 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 68 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 69 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 70 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 71 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 72 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 73 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 74 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 75 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 76 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 77 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 78 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 79 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 80 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 81 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 82 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 83 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 84 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 85 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 86 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 87 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 88 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 89 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 90 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 91 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 92 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 93 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 94 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 95 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 96 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 97 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 98 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 99 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 100 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 101 of 161 ATTACHMENT B RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 102 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 103 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 104 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 105 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 106 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 107 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 108 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 109 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 110 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 111 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 112 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 113 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 114 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 115 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 116 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 117 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 118 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 119 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 120 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 121 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 122 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 123 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 124 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 125 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 126 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 127 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 128 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 129 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 130 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 131 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 132 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 133 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 134 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 135 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 136 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 137 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 138 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 139 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 140 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 141 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 142 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 143 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 144 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 145 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 146 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 147 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 148 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 149 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 150 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 151 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 152 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 153 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 154 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 155 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 156 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 157 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 158 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 159 of 161 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 160 of 161 ATTACHMENT C 2018 Income Limits Income Limits (effective date: TBD) 2018 Median Income: $85,100 (Fort Collins/Loveland Metropolitan Statistical Area) City of Fort Collins Household Members Income 1 2 3 4 5 6 7 8 100% of AMI $59,600 $68,100 $76,600 $85,100 $92,000 $98,800 $114,360 $112,400 80% of AMI* $47,700 $54,500 $61,300 $68,100 $73,550 $79,000 $84,450 $89,900 60% of AMI $35,760 $40,860 $45,960 $51,060 $55,200 $59,280 $68,616 $67,440 50% of AMI* $29,800 $34,050 $38,300 $42,550 $46,000 $49,400 $52,800 $56,200 30% of AMI* $17,900 $20,450 $23,000 $25,550 $29,420 $33,740 $38,060 $42,380 AMI = Area Median Income 51-80%: Low Income Limit (HOME High Income Limit) 31-50%: Very Low Income Limit (HOME Low Income Limit) 0-30%: Extremely Low Income Limit *80%, 60%, 50% & 30% are the HOME income limits published by HUD. These are the income limits required for projects funded with CDBG & HOME. Revised May 3, 2018 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 161 of 161 U.S. EPA Region 8 1595 Wynkoop St. Denver, CO 80202 (303) 312-6966 Region 9 (Arizona, California, Hawaii, Nevada) Regional Lead Contact U.S. EPA Region 9 (CMD-4-2) 75 Hawthorne Street San Francisco, CA 94105 (415) 947-4280 Region 10 (Alaska, Idaho, Oregon, Washington) Regional Lead Contact U.S. EPA Region 10 Solid Waste & Toxics Unit (WCM-128) 1200 Sixth Avenue, Suite 900 Seattle, WA 98101 (206) 553-1200 15 RFP 8771 Child Care Provider & Tenant for 906 E Stuart Page 50 of 161