Cooperative Agreement No. 03-0077 NEW MEXICO STATE DEPARTMENT OF EDUCATION DIVISION OF VOCATIONAL REHABILITATION (NMDVR) AND NEW MEXICO EASTERN AREA WORKFORCE DEVELOPMENT BOARD This Cooperative Agreement is made between the New Mexico State Department of Education, Division of Vocational Rehabilitation, including NMDVR’s Rehabilitation Services Unit (RSU), Special Program Services (SPS), New Mexico Technology Assistance Program (NMTAP), NM-ONE STOP Disability Resource (NMONE) Program with the New Mexico Eastern Area Workforce Development Board regarding One Stop Career Center Contractor(s), collectively referred to as the “Parties”. The “Parties” to this Cooperative Agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: I. PURPOSE OF AGREEMENT: The purpose of this Cooperative Agreement is to establish and maintain a general framework for cooperation by and between the Parties. The intent of the framework is for NMDVR to assist the Eastern Area Workforce Development Board with One Stop Career Center Contractor(s) regarding universally accessible electronic and information technology (E/IT), peer job exchange clubs, accommodations assistance, training and/or referral coordination for persons with disabilities to use the Contractor’s One Stop Career Center. NMDVR’s NMONE Program will provide universally accessible E/IT installation(s), peer job exchange club(s), accommodation-training services through a federally funded Workforce Incentive (Disability) Grant (WI-11028-01-60) to NMDVR for November 1, 2000 –June 30, 2003 from the Employment and Training Administration (CFDA #17.207), in the U.S. Department of Labor. II. FUNCTIONS AND RESPONSIBILITIES: A. Functions are based on a commitment of all Parties to develop the NMONE Program demonstration services that will assist persons with disabilities to achieve vocational outcomes and job performance related to employment in New Mexico. B. RSU will: 1. Coordinate appropriate client referrals with One Stop Career Center Contractor(s). 2. Collaborate with the NMONE program and One Stop Career Center Contractor(s) personnel to develop strategies to more effectively deliver services and facilitate achievement of vocational outcomes related to employment for persons with disabilities. 3. Collaborate with NMONE program personnel / contractors, One Stop Career Center Contractor(s) personnel, DVR staff, provider(s) and job club peer associate(s) to promote consumer choice and to provide technical assistance on rehabilitation practices in order to facilitate quality achievement of vocational outcomes related to employment for persons with disabilities Cooperative Agreement between NMDVR, NM Eastern Area Workforce Development Board and Contractor One Stop Career Centers C. NMDVR and SPS will: Provide overall fiscal management of all universally accessible E/IT installation(s), the peer job exchange club, accommodations assistance and training services under the NMONE federal grant regarding the One Stop Career Center Contractor(s). D. NMONE Personnel and Contractors will: 1. Provide universal accessibility based E/IT site assistance with office and telecommunications equipment, and computer station(s) for the One Stop Career Center Contractor(s) in coordination with the computer/ information systems and telecommunications support personnel where necessary. 2. Plan, procure, loan, install and assist with computer stations, hardware, software and other items for E/IT accessibility. 3. The required E/IT will be purchased to achieve universal access in the One Stop Career Center Contractor(s) within the budget constraints of the NMONE Federal Grant. 4. All computer stations, hardware, software and other items for E/IT accessibility installations will be provided by NMDVR through the New Mexico Eastern Area Workforce Development Board to One Stop Career Center Contractor(s) for annual periods. 5. Provide training and technical assistance to the One Stop Career Center Contractor(s) site personnel regarding the functions of the universally accessible E/IT installations and computer stations. 6. NMONE will develop and facilitate peer job exchange club(s) for any persons with disabilities to use the One Stop Career Center Contractor(s), coordinated by a part-time funded peer coordinator(s) or coordinated with other agencies, to assist with the use(s) of one-stop core services, resources and accessible E/IT installations, contingent upon space availability. 7. Provide One Stop Career Center Contractor(s) staff opportunities for disability and accommodation technical assistance, and training programs, contingent upon space availability. 8. Provide opportunities for employers to use the One Stop Career Center Contractor(s) to meet with persons who have disabilities, and network with disability employment resources and providers, contingent upon space availability. 9. Provide evaluation and reporting with the One Stop Career Center Contractor(s) site regarding all client referrals through VR, American Indian programs, and other organizations, contingent upon space availability. 10. Coordinate under appropriate policies and procedures the checkout, tracking, training and technical assistance with the E/IT devices by qualified staff, providers, and/or counselors associated to determine if appropriate for the individual’s employment plan. Cooperative Agreement between NMDVR, NM Eastern Area Workforce Development Board and Contractor One Stop Career Centers E. One Stop Career Center Contractor(s), including center-related contractors will: 1. Coordinate with the New Mexico Eastern Area Workforce Development Board regarding compliance assurances with physical/architectural and programmatic accessibility, and assure compatibility of agency information systems, including policies and procedures, with E/IT accessibility needs and recommendations by NMONE personnel and contractors. See attached NMONE/DVR recommended Standards and Guidelines for Equivalent Accessibility by Customers and Staff, with Various Abilities, of One Stop Career Centers and Provider Facilities, including Electronic and Information Technology (E&IT) 2. Provide ongoing one-stop core resources and services to all persons with disabilities involved with public access and NMDVR client referrals regarding E/IT accessibility in One Stop Career Center Contractor(s). 3. Client referral coordination with local area DVR counselors: a. Collaborate with NMONE program personnel / contractors, DVR personnel, provider(s) and job club peer associate(s) to promote consumer choice and to provide technical assistance on rehabilitation practices in order to facilitate quality achievement of vocational outcomes related to employment. b. Collaborate with the NMONE program and DVR personnel to develop strategies to more effectively deliver services and facilitate achievement of vocational outcomes related to employment. 4. Assist in public awareness materials and dissemination regarding services and program accessibility regarding persons with disabilities and general public use of the One Stop Career Center Contractor(s), contingent upon availability of space. 5. Provide meeting room and office space for personnel, contractors, clients and general public with NMDVR-RSU and NMONE program activities on a scheduled basis, contingent upon availability of space. 6. Provide opportunities for employers to use the One Stop Career Center Contractor(s) to meet with persons who have disabilities, and network with disability employment resources and providers, contingent upon availability of space. III. TERM OF AGREEMENT: This Agreement shall become effective on the date signed by all parties and shall terminate on June 30, 2003. IV. AMENDMENTS: This Agreement shall not be altered, changed, or amended except by instrument in writing executed by the parties hereto. Cooperative Agreement between NMDVR, NM Eastern Area Workforce Development Board and CONTRACTOR One Stop Career Centers 3 V. SCOPE OF AGREEMENT: This Agreement incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this written Agreement. No prior agreements of understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. VI. NON-FUND OBLIGATING DOCUMENT: This instrument is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement, contribution of funds, or transfer of anything of value between the parties to this instrument will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This instrument does not provide such authority. Specifically, this instrument does not establish authority for noncompetitive award to the coContractor of any contract or other agreement. Any contract or agreement for training or other services must fully comply with all applicable requirements for competition. VII. APPLICABLE LAW: This Agreement shall be governed by the laws of the State of New Mexico. VIII. PRINCIPAL CONTACTS: a. Terry Brigance, Director Division of Vocational Rehabilitation 435 St. Michaels Dr., Bldg. D CONTRACTOR, NM 87505 505-954-8511 b. Larry Borrego, Deputy Director Rehabilitation Services Unit (RSU) Division of Vocational Rehabilitation & Eastern Area Workforce Development DVR Board Member 435 St. Michaels Dr., Bldg. D CONTRACTOR, NM 87505 505-954-8512 c. Terri Douglass, Area 4 Supervisor, RSU Division of Vocational Rehabilitation Representative Eastern Area Workforce Development Board Member DVR 1014 S. Atkinson Ave. Roswell, NM 88201 505-624-6024 Cooperative Agreement between NMDVR, NM Eastern Area Workforce Development Board and CONTRACTOR One Stop Career Centers 4 c. Andy Winnegar, Deputy Director Special Programs Services (SPS) Division of Vocational Rehabilitation 435 St. Michaels Dr., Bldg. D Santa Fe, NM 87505; 505-954-8521 d. Bill Newroe, Program Director NMONE-STOP Disability Resource (NMONE) Program Division of Vocational Rehabilitation 435 St. Michaels Dr., Bldg. D Santa Fe, NM 87505 505-954-8533 e. NEW MEXICO EASTERN AREA WORKFORCE DEVELOPMENT BOARD 418 Main St. Clovis, NM 88101 Phone: (505) 762-7714 f. One Stop Career Center Contractor Cooperative Agreement between NMDVR, NM Eastern Area Workforce Development Board and CONTRACTOR One Stop Career Centers 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of execution by the State Contract Officer, below. NEW MEXICO DIVISION OF VOCATIONAL REHABILITATION By:_________________________________ Terry P. Brigance, DVR Director _________ Date NEW MEXICO EASTERN AREA WORKFORCE DEVELOPMENT BOARD By:__________________________________ _________ Date Cooperative Agreement between NMDVR, NM Eastern Area Workforce Development Board and CONTRACTOR One Stop Career Centers 6 ATTACHMENT NMONE/DVR Recommended Standards and Guidelines for Equivalent Accessibility by Customers and Staff, with Various Abilities, of One Stop Career Centers and Provider Facilities, including Electronic and Information Technology 1. Assure Architectural Barrier Free Accessibility Using the ADA Accessibility Guidelines in buildings and facilities, Non-Discrimination Provisions as well as ADA-related programmatic accessibility regarding the most integrated area of E&IT resources to all customers and staff in the center or provider facility. Relevant Federal Regulations and Guidelines: a) ADA Accessibility Guidelines (ADAAG) http://www.access-board.gov/adaag/html/adaag.htm b) ADA, Title II –28 CFR Part 35 c) Rehabilitation Act - Section 504 - 34 CFR Part 104 d) ADA, Title IV - 47 CFR §§ 64.601 et seq. e) Implementation of the Non-Discrimination and Equal Opportunity Provisions, Section 188 of the Workforce Investment Act (WIA) of 1998--29 CFR Part 37 2. Recommend Technical Accessibility Standards for E&IT facilities with: a. Computer Hardware d. Internet/Intranet g. Telephone Systems b. Software e. Multi-Media Facilities c. Operating Systems f. Office Equipment Relevant Federal Regulations and Guidelines: a) Rehabilitation Act - Section 508 - 36 CFR Part 1194.21 – 1194.26 http://www.access-board.gov/sec508/508standards.htm b) Telecommunications Act - Section 255 - 36 CFR Part 1193.21/23/31/37/39/51 http://www.access-board.gov/telecomm/html/telfinal.htm b) Rehabilitation Act - Section 504 - 34 CFR Part 104 3. Recommend Functional Performance Criteria for user input, output, and control with E&IT facilities include at least one alternative hardware/software mode pertinent to: a. Vision d. Manual dexterity g. Cognitive Skills b. Perception e. Strength / Range of Motion c. Hearing f. Speech Relevant Federal Regulations and Guidelines a) Rehabilitation Act - Section 508 - 36 CFR Part 1194.31 http://www.access-board.gov/sec508/508standards.htm b) Telecommunications Act - Section 255 - 36 CFR Part 1193.41 and 1193.43 http://www.access-board.gov/telecomm/html/telfinal.htm c) Rehabilitation Act - Section 504 - 34 CFR Part 104 4. Recommend Guidelines for Alternative Information Preparation, Documentation, Support and Training such as alternative formatting via optical character recognition (OCR) scanning regarding print-to-electronic text. Relevant Federal Regulations and Guidelines a) Rehabilitation Act - Section 508 - 36 CFR Part 1194.41 http://www.access-board.gov/sec508/508standards.htm b) Telecommunications Act - Section 255 - 36 CFR Part 1193.33 http://www.access-board.gov/telecomm/html/telfinal.htm c) Rehabilitation Act - Section 504 - 34 CFR Part 104 c) Rehabilitation Act - Section 504 - 34 CFR Part 104 Cooperative Agreement between NMDVR, NM Eastern Area Workforce Development Board and CONTRACTOR One Stop Career Centers 7