[ATcoord] contract language for inaccessible technologies

Fri Apr 28 10:45:32 PDT 2017

I feel this fills where a hole exists, from “approved” to “wavier required” as organizations start to implement accessibility into their software.  Just like we cannot make our technology and colleges accessible overnight, nor can software companies who have release cycles, etc.

Similar to Ward, and in the spirt of UoM’s procedures, we’re adopting the “provisional use” section that meets demand in the middle, from our draft procedures:

  1.  EITA recommendations are submitted to the CIO for final determination of “provisional use” or “exception.”
     *   “Provisional Use” agreements are recommended for 1-3 year period, if the vendor provides evidence of genuine accessibility efforts, and periodically reviewed.
     *   “Exceptions” are infrequently, based on substantial research as indicated above
  2.  If either a provisional use or exception is granted, the requestor will be required to describe the measure(s) which will ensure that individuals with disabilities have equally effective accessible alternate EIT.

Provisional use designations are temporary.  A “provisional use” designation does not automatically roll into “approved for purchase” category.  Their status should be reviewed by the EITA work group at the end of the agreement period.

Andrew J. Glass
Chief Executive of Information Technology
__________________________________
Grays Harbor College

phone: 360-538-2500
email: andrew.glass at ghc.edu<mailto:andrew.glass at ghc.edu>
online: web<http://www.ghc.edu/> :: twitter<https://twitter.com/graysharbor> :: facebook<https://www.facebook.com/graysharborcollege>

From: ATcoord [mailto:atcoord-bounces at lists.ctc.edu] On Behalf Of Rosalie Madison
Sent: Friday, April 28, 2017 10:32 AM
To: Jess Thompson <jess.thompson at sbctc.edu>
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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