[ATcoord] contract language for inaccessible technologies

[Jess Thompson]

There is no waiver right now. WaTech (to my knowledge) has not released info on that process. You need to contact Ryan Leisinger about that.


Maybe Ward, when/if he gets time, can chime in, but he was using this for a situation where the dept had already selected a product and under the grant timeline they were working in they couldn't go out to find another product.


Jess Thompson
Program Administrator, eLearning & Open Education
Washington State Board for Community & Technical Colleges
p: 360.704.4327 | c: 253.229.8591
Current Projects<https://docs.google.com/document/d/1KXjxctpTAa2R06iRksMrjaeiCkphAJzqkwX-awvJh9g/edit?usp=sharing>

________________________________
From: Rosalie Madison <rmadison at everettcc.edu>
Sent: Friday, April 28, 2017 10:31:38 AM
To: Jess Thompson
Cc: atcoord at lists.ctc.edu
Subject: Re: [ATcoord] contract language for inaccessible technologies

What would this be for exactly?

It is my understanding from Policy#188 that all purchased software if non-compliant has to have a waiver from the state.

Is this for existing software?


Rosalie (Rose) Madison
Everett Community College
IT4, IT Business Analyst/Project Manager
IT Accessibility Coordinator (ITAC)
Email: rmadison at everettcc.edu<mailto:rmadison at everettcc.edu>
Phone: (425) 259-8719
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On Fri, Apr 28, 2017 at 10:23 AM, Jess Thompson <jess.thompson at sbctc.edu<mailto:jess.thompson at sbctc.edu>> wrote:

Hello!


Ward Naf at Whatcom has been trying to figure out how to handle situations where an office insists on purchasing a technology that is not fully compliant. He decided to allow a one year pilot with contract language that allows them to terminate the pilot if the product does not get into compliance within that pilot time frame.


Sample contract language:


TERMINATION

This Agreement and all rights granted herein may be terminated upon thirty (30) days of written notice from either Party, provided, however, that Licensor may terminate this Agreement immediately upon any breach of this Agreement by Licensee. The Licensee may terminate this Agreement immediately should the Software not meet Federal 508 accessibility standards show on a VPAT or not meet WGAC 2.0 AA accessibility standards; per Washington State OCIO Policy 188 requirements. Upon such termination for breach or noncompliance with accessibility standards, all of Licensee’s rights under this Agreement and Licensee’s right to the use of the Software shall terminate immediately.


In addition to the contract language, there's a letter to the vendor spelling out the agreement. I've attached a generic version where you insert specific info where the red text in brackets is.


Big shout out to Ward at Whatcom -- this is a fabulous resource and I already know a few folks in similar positions that will find this very useful.



Jess



Jess Thompson
Program Administrator, eLearning & Open Education
Washington State Board for Community & Technical Colleges
p: 360.704.4327 | c: 253.229.8591
Current Projects<https://docs.google.com/document/d/1KXjxctpTAa2R06iRksMrjaeiCkphAJzqkwX-awvJh9g/edit?usp=sharing>


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