Instructions to Submit Qualifications for Services to Appraise Head Start Donated Classroom Space General COMMUNITY ACTION OPPORTUNITIES, (here-in-after the Agency) a nonprofit North Carolina corporation, established in 1964, by the War on Poverty legislation and located in Asheville, NC, is soliciting proposals from Independent Certified Appraisers to establish fair market rental value(s) of the donated space the Agency uses to operate its Head Start classrooms. The appraisal must be completed no later than December 15, 2012. The contacts for this process are Mr. Brian Repass or Ms. Vicki Heidinger, (828) 252-2495. Community Action Opportunities shall disqualify firms who contact Board Members or other Agency staff who are not delegates of these contacts. Respondents must submit qualifications by 4:00 PM on Wednesday, November 28, 2012 by one of the following three methods: delivered to the Agency s main office at 25 Gaston Street, Asheville, NC 28801, by fax at (828) 253-6319 or by email to admin@communityactionopportunities.org Respondents shall prepare and submit Responses at no expense to the Agency, and the Agency reserves the right to accept or reject any, or all, qualifications. Background The Agency operates a federally-funded Head Start, (pre-school child development) program. The classrooms are located in donated space. The Agency uses the square foot value of this donated space to comply with a federal requirement to match every $4.00 of federal funding with $1.00 of local support. In 2012, the Agency s total local match requirement is over $1,000,000. Many of the Agency s Head Start classrooms are in space that was nearly uninhabitable before the Agency occupied it. As a condition of renovation, the Agency receives no- or low-cost leases or agreements from the Owners, (all public sector-type organizations.) The Agency operates three large centers in Asheville two in public housing complexes, (Pisgah View and Hillcrest) and one, the Lonnie D. Burton Center, adjacent to the Agency s office on Gaston Street. The Asheville Housing Authority owns these three buildings. In addition, the Agency operates 18 stand alone classrooms inside elementary school buildings or in modular units located at 16 elementary school properties owned by either Buncombe County Schools or Madison County Schools. (Attachment A) The Agency also contracts with Asheville City Preschool to teach 46 Head Start children at their site. Assignment The Agency needs a certified appraiser to determine the fair market rental value of the Head Start classroom and playground spaces to apply these key donations to the Agency s local match 1
requirement. In the past, the Agency compared and documented average rental rates in the surrounding areas. Even though licensed real estate brokers prepared this information, this method does not satisfy the federal standards, because the rental value must be established by an independent appraisal. The following citation, from the Code of Federal Regulations, is one of the many regulatory requirements for Head Start grantees. The citations in yellow highlights are relevant to this Scope of Work. Title 45: Public Welfare PART 74 UNIFORM ADMINISTRATIVE REQUIREMENTS FOR AWARDS AND SUBAWARDS TO INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, OTHER NONPROFIT ORGANIZATIONS, AND COMMERCIAL ORGANIZATIONS Subpart C Post-Award Requirements Financial and Program Management 74.23 Cost-sharing or matching (h) The value of donated property shall be determined in accordance with the usual accounting policies of the recipient, with the following qualifications: (1) The value of and donated land and buildings shall not exceed its fair market value at the time of donation to the recipient as established by an independent appraiser (e.g., certified real property appraiser or General Services Administration representative) and certified by a responsible official of the recipient. (2) The value of donated equipment shall not exceed the fair market value of equipment of the same age and condition at the time of donation. (3) The value of donated space shall not exceed the fair rental value of comparable space as established by an independent appraisal of comparable space and facilities in a privately-owned building in the same locality. (4) The value of loaned equipment shall not exceed its fair rental value. Non-Federal Share ACF Program Instructions Head Start Federal source funds are not allowable as non-federal share without specific statutory language allowing this use of Federal funds (45 CFR 74.23(a)(5) and 92.24(b)(1)). Grantees should reexamine the source of historic State funding to ensure that State funds have not been replaced with Federal source funds. Grantees must ensure that claims for donated and reduced-cost space in facilities involve an unrelated party and reflect the fair market rental value of the property at the time of donation as established by an independent appraiser and certified by a responsible official of the grantee (45 CFR 74.23(h) and 92.24(d). Office of Head Start Monitoring Reviewer Instructions: Transaction: Non-Federal Share (Donated Space) For donated space, is the claimed value supported by a current appraisal performed by an independent appraiser (e.g., certified real property appraiser or General Services Administration representative) and certified by a responsible official of the recipient? 2
Submittal Requirements Qualified Appraisal Firms must include the following information their Responses: Summary statement of qualifications for the required work Description of work on past projects with similar scope, establishing fair-market rental rates of public-sector-owned buildings Resumes of qualified appraisers who will be assigned to this work Schedule indicating the earliest date available to begin the work and the estimated project duration Three (3) references with contact information Executed Debarment Certification (Attachment B) Required Contract Provisions Attachment B of this RFQ describes the contract provisions that shall be included as a part of any Agreement with the Agency. (Attachment C) Protest Procedures The Agency has a Community and Procurement Complaint Resolution Procedure to address and resolve community concerns and procurement disputes. Information about this procedure is available to the public on the Agency s website www.communityactionopportunities.org and is made a part of this RFQ as Attachment D. Debarment or Suspension Community Action Opportunities shall refuse to award this purchase to any Bidder who is, or has been, restricted from conducting business with the State of North Carolina or the government for the United States of America, due to debarment, suspension or is otherwise excluded from, or ineligible to participate in Federal assistance programs or activities. 3
Head Start
Head Start 19 Sites in Buncombe & Madison Counties Buncombe County Barnardsville Elementary Bell Elementary Black Mountain Primary Candler Elementary W. W. Estes Elementary Fairview Elementary Glen Arden Elementary Haw Creek Elementary Leicester Elementary North Buncombe Elementary Sandhill-Venable Elementary Weaverville Primary W. D. Williams Elementary The Lonnie D. Burton Center at Livingston Hillcrest Head Start Center Pisgah View Head Start Center Madison County Brush Creek Elementary Hot Springs Elementary Mars Hill Elementary
Head Start Classroom Locations Mars Hill Hot Springs Brush Creek Barnardsville Leicester N. Buncombe Weaverville Black Mountain Haw Creek Williams Sandhill-Venable Bell Hillcrest Lonnie Burton Pisgah View Fairview Candler Estes Glen Arden
Head Start Center Locations Hillcrest CAO Lonnie D. Burton Pisgah View Doubletree
CHILDREN, FAMILY & COMMUNITY PARTNERSHIPS DEPARTMENT Head Start DIRECTIONS TO HEAD START CLASSROOMS Barnardsville Elementary: 20 Hillcrest Drive, NC 28709 (828) 626-2131 Take 19-23 N to the Barnardsville exit. Turn right. Stay on Barnardsville Hwy. Go 6 miles. Turn right on Paint Fork Road. The school will be on the right across from Ohio Electric (look for the Ohio Electric water tower). Charles C. Bell Elementary: 90 Maple Springs Road, Asheville, NC 28805 (828) 296-8827 Take I-240E to Exit 7. Take US70 to third traffic (across from Sonic). Turn left onto Maple Springs Road. The school is at the end of the road. Black Mountain Primary: 301 East State Street, Black Mountain, 28711 (828) 669-4920 Take I-40E to Exit 64. Take a left at the end of the ramp. Go to second light and take a right onto US 70E (East State Street). School is two blocks down on left. Parking is in the back. Brush Creek Elementary: 265 Upper Brush Creek Road, Marshall, NC 28753 (828) 649-2926/649-2060 Take 19/23 North toward Weaverville. Take the Marshall/Hot Springs Exit onto 25/70. Follow 25/70 to Marshall. It will drop to a two lane road, go past Ingles, Madison High School keep following 25/70 till you come to Madison Middle School on your right. Turn right onto Upper Brush Creek Road at the traffic light and go approximately 2 tenths of a mile and Brush Creek School is on the left green tin roof. Lonnie D. Burton Child Development Center: 25 Gaston St. (Located up from Community Action Opportunities Program Services Building), Asheville, 28801 (828) 250-0410 Biltmore Avenue turn onto Hospital Drive, then bear left up hill to Victoria Road. At 4-way stop go straight and turn right onto Livingston to the 3 rd street on right (Gaston Street). Burton is on the left behind the Reid Center. Candler Elementary: 121 Candler School Road, Candler, NC 28715 (828) 670-8008 I-40W to exit 44. Turn right at the light onto 19/23S to Candler. At 3 miles, after the road narrows from 5 lanes to 3, turn left at the tractor sales. After 1 mile, turn left on Candler School Rd. The school is on the right.
Estes Elementary: 245 Overlook Road, Skyland 28776 (828) 654-7933 Interstate 26 E, Exit #37 Skyland/Long Shoals Road. Turn left off the ramp. Turn left onto Overlook (across from Lake Julian). The school is on the left. OR travel south on Hendersonville Hwy. and turn right on Overlook Rd. Pass Roberson High School. Estes is on the right. Fairview Elementary: 1355 Charlotte Hwy, Fairview 28730 (828) 628-9089 Interstate 240 East to Exit #9 onto Hwy 74 to Fairview. Stay on 74 (Charlotte Hwy.) for six miles. The school is on the right. Glen Arden Elementary: 50 Pinehurst Circle, Arden, 28704 (828) 654-8111 Take Sweeten Creek Road south to about 1 ½ miles past Mills Gap Road. Turn left on Weston Road. Continue to the very end (Weston turns into St. John s St). Turn right into a very long driveway up to the school. Veer left onto the dirt/gravel road. Go to the end and park. Walk down this road to the modular buildings on your right. Head Start is the second one. Haw Creek Elementary; 21 Trinity Chapel Road, Asheville, NC 28805 (828) 299-0810 Exit #7 off I-240E onto Tunnel Road, turn East onto Tunnel Road, go to next red light and turn left onto Old Haw Creek Road. This road immediately veers toward right. Follow approximately 2 miles. Turn left onto Bethesda Road. School is on left. OR from Old Haw Creek Road, turn left onto Trinity Chapel Road. The school will be on your right. Hillcrest Center: 100 Atkinson St., Asheville 28801 (828) 252-7719 Take 19-23 North to Hill Street Exit. Turn right at the stop sign. Go to the next road on the right and turn right on Atkinson St. into Hillcrest Apartment Complex. The Head Start Center is on your right. Hot Springs Elementary: 63 North Serpentine St., Hot Springs 28743 (828) 622-7443 Take 19-23 North, Exit onto 25-70 Marshall. Turn left over the river to stay on 25-70 towards Hot Springs. Bear right to stay on 25-70 just after going across the RR track. Follow road up the hill and to the left. Serpentine Road is at the top of the hill. Make a sharp right turn into the school. Leicester Elementary: 31 Gilbert Road, Leicester 28748 (828) 683-4995 From Patton Avenue take a right onto Leicester Hwy. Follow Leicester Hwy for 8 ½ miles, take right on Gilbert Road. The school is on the right. Mars Hill Elementary: 200 School House Lane, Mars Hill 28754 (828) 689-3432/(828) 689-4259 Take 19-23 North. Take the Mars Hill Exit, then turn left at the stop sign. At the second traffic light, turn right onto Main Street. Turn left at the second road onto Bailey Street (just before the big brick church). Travel through the campus, curve to the right, up a hill and the school is on the right. Head Start is located in the two trailers past the basketball courts.
North Buncombe Elementary: 251 Flat Creek Church Road, Weaverville 28787 (828) 645-2999 Take 19-23 North, exit at Flat Creek Road. Turn left off the exit. Turn left at the 3 rd road on the left Old Salem Rd. (follow the signs to the High School). Turn left at the stop sign beside the high school (Flat Creek Church Road). Travel down Flat Creek Church Road, the school is on the right Pisgahview Head Start Center: 27 Cordova St., Asheville 28806 (828) 254-5185 Take 240 West to the West Asheville Exit. Turn left at the light onto Haywood Rd. Take a right at the next light onto Hanover St. Go to the end of this road. Turn left onto Cordova. The center is on the right. Sandhill-Venable Elementary: 154 Sandhill School Road, Asheville 28806 (828) 665-0235 Take 240 West to 40 West, Exit #44 (Enka/Candler). Turn right off the exit. Then turn right again onto Acton Circle just before McDonalds. At the four-way stop, turn left onto Sandhill School Road. The school is on the right. (RETURN: go back to four-way stop, turn left. Turn left at the traffic light and then get back onto 40 East to Asheville. Weaverville Primary: 39 South Main St., Weaverville, NC 28787 (828) 658-0307 Take New Stock Rd. exit off 19/23 N. right off the ramp and left at the light. Continue up Weaverville hwy, past the light at Reems Creek Rd. on into town. Turn right at the light where Weaverville Hwy dead-ends into S. Main. The school is a block down on the right. Note: this is the old school (Weaverville Primary), not the new school (Weaverville Elementary). Williams Elementary: 161 Bee Tree Road, Swannanoa 28778 (828) 686-3665 Take 240 East to 40 East, Exit #59. Turn left off exit. Go to the traffic light, turn right onto Hwy 70. Go to the next traffic light, turn left. Cross the bridge and turn left again (Old Hwy 70). Turn right onto Bee Tree Road. The school is on the right.
Attachment B Certification Regarding Debarment, Suspension and Other Responsibility Matters This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). 1. The prospective company certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or performing a public, (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity, (federal, state, or local) with commission of any of the offense enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions, (federal, state, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Name (Print) Title Signature Date 4
Attachment C Community Action Opportunities Required Contract Provisions TERM This Agreement is effective on and shall continue until completion or. PAYMENT The Agency shall pay The Contractor for the services in the amount of dollars, ($ ) payable upon the Contractor s submittal of appropriate invoices to the Agency s Contract Administrator, at least, three (3) business days before the 10 th or 24 th of each month. The Agency mails payment on the 10 th and the 24 th of each month. In the event that the 10 th or 24 th falls on a holiday or weekend, The Agency shall disburse payables on the last business day immediately preceding or following that holiday or weekend. INSURANCE The Contractor shall maintain, and provide the Agency with evidence of General Liability, Worker s Compensation and Auto insurance, at minimum levels set by the State of North Carolina Department of Insurance. INDEMNIFICATION The Contractor shall defend, indemnify and hold The Agency harmless against all liabilities and loss, including, but not limited to damages, costs, judgments, expenses and reasonable attorney s fees, for personal injury and/or property damage arising out of or related to The Contractor s activities save and excepting therefrom any liabilities and losses that arise out of or related to the sole negligence of The Agency. TERMINATION Either Party, without prior consent or Without Cause, may terminate this Agreement with a written Notice of Termination delivered to the other Party not less than 15 (fifteen) business days prior to the Termination date. Either Party may terminate this Agreement For Cause with a written Notice of Termination delivered not less than forty-eight (48) hours prior to the Termination date. In the event of termination, the Contractor shall be entitled to receive payment for all allowable costs through the effective termination date. Without Cause shall include but not be limited to: Loss of Agency funding sufficient to fulfill the terms of this Agreement For Cause shall include but not be limited to: Contractor: Nonperformance or default of Agreed Scope of Services Incompetent performance of Agreement Scope Malfeasance Falsification of oral, written or electronic records or other documents 5
Agency: Willful or repeated negligent, delinquent or non-payment for services rendered in good faith and in compliance with the Scope of Services Violations of this Agreement ACCESS TO CONTRACTOR RECORDS The Agency, the Agency s federal awarding agencies, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor that are directly pertinent to the Contractor s Agreement with the Agency for this Scope of Work, specific to and exclusively for the purpose of making audits, examinations, excerpts and transcriptions. FEDERAL AWARDING AGENCY AUTHORITY The Agency s federal awarding, and related, agencies are permitted to require contract changes that include but are not limited to: contract performance remedies, conditions, records access and retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. RECORDS RETENTION The Contractor is required to follow the records retention schedule established by the Agency s federal or state awarding agency, whichever is longer, for records related to the Scope of Work in this Agreement. The Agency shall provide the Contractor with access to the relevant schedule. SUCCESSORS AND ASSIGNS The Contractor's obligations under this Agreement may not be assigned or transferred to any other person, firm or corporation without the prior written consent of The Agency. All Successors and Assigns of The Agency and Contractor shall be bound by the provisions of this Agreement unless otherwise agreed to and amended in writing as provided for in this Agreement. NOTICES All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or by standard currier services to the contact named in this Agreement. All Notices shall be sent with prepaid postage and addressed as follows: For The Agency: Community Action Opportunities 25 Gaston Street Asheville, North Carolina 28801 (828) 252-2495 For The Contractor: Either Party may change the information described above as necessary as provided for in this Agreement. 6
ENTIRE AGREEMENT This Agreement, which includes the Scope of Services, and all subsequent addendums and amendments, contains the Entire Agreement of the parties, and no other promises or conditions in any other agreement, whether oral or written. This Agreement supersedes any prior written or oral agreements between the Parties. AMENDMENT Either Party may modify or amend this Agreement if the amendment is written and signed by both Parties. SEVERABILITY If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. WAIVER OF CONTRACTUAL RIGHTS The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. APPLICABLE LAW This Agreement shall be governed by the laws of the State of North Carolina and where this Agreement is in conflict with the laws of the State of North Carolina, the state laws shall be superior to the provisions of this Agreement. The Contractor shall abide by all applicable federal, state and local laws, codes and ordinances, and Executive Orders, including but not limited to those listed below and the Head Start Performance Standards & Code of Conduct, the Health Insurance Portability & Accountability Act (HIPAA) and Agency Policy & Procedures. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT By entering into this Agreement, the Contractor agrees to, and shall, comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall comply with E.O. 11246, Equal Employment Opportunity, as amended by E.O. 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and as supplemented by regulations at 41 CFR Part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. DEBARMENT AND SUSPENSION (E.O.S 12549 AND 12689) By entering into this Agreement, the Contractor attests that neither the Contractor, its principals or Directors or Officers are or have been listed on the nonprocurement portion of the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, Debarment and Suspension, or the North Carolina Excluded Vendors List. These lists contain the names of parties debarred, suspended or otherwise excluded by federal agencies or the NC Department of Administration and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. 7
Attachment D Community and Procurement Complaint Resolution Procedure Community Action Opportunities encourages its customers, other citizens, vendors with procurement grievances, etc. to express their concerns at any time. Complainants may send written and signed complaints to: Community Action Opportunities Department Head (concerned) or Executive Director 25 Gaston Street Asheville, NC 28801 The Executive Director shall designate an appropriate, responsible agency staff member as the Primary Staff Member in the case. Depending upon its type, the Executive Director may designate supervisors, program managers or senior staff members to serve in this role. The Primary Staff Member shall promptly respond to the complainant with a written acknowledgment and describe the steps and time necessary to investigate the complaint, determine its substance and resolve the concern. The Primary Staff Member shall solicit suggestions to resolve the concern and recommend the corrective action, if any. Depending upon its nature, if appropriate, the Primary Staff Member shall inform the Board, and in matters relating to Head Start, the Policy Council and in matters relating to procurement, the relevant Awarding Agency about the complaint as soon as practically possible. If timely, the Primary Staff Member shall also request input about corrective action from the respective governing bodies. The Primary Staff Member shall inform the complainant of the resolution and/or corrective action plan, as appropriate. The Primary Staff Member shall work with other agency staff to incorporate relevant corrective actions into subsequent annual work plans, Head Start Plans and Procedures, procurement practices and activities, etc. as appropriate.