[ATcoord] contract language for inaccessible technologies

Fri Apr 28 11:44:28 PDT 2017

Thank you :)

Rosalie (Rose) Madison
Everett Community College
IT4, IT Business Analyst/Project Manager
IT Accessibility Coordinator (ITAC)
Email: rmadison at everettcc.edu
Phone: (425) 259-8719
--Believe in the power of hard questions and honest answers

Please take a minute to help us improve our IT service by completing the IT
Feedback Survey <http://goo.gl/J3nGC> - http://goo.gl/J3nGC

On Fri, Apr 28, 2017 at 11:42 AM, Ward Naf <wnaf at whatcom.edu> wrote:

> Yes, this is to cover a piece of software that is already purchased, but
> has not been implemented yet. Its paid by a grant. Once we found out about
> it I met with them and we found that the software is not very compliant at
> all, but the company is aware of the accessibility issues and says they
> have it on their roadmap. So we told the department if they plan to
> purchase the software and not pull the PO, then they will not be able to
> use the software as required material. It will have to be completely
> optional, no assessments or outcomes based on the software. That we can
> work with the company and see how serious they are about changing it.
>
> In the end we agreed they will use it for one year as an optional resource
> only, and we will notify the company we will be piloting the software for
> one year and if it is not compliant or if they have not made great progress
> in becoming accessible the software cannot be renewed. In a year if they
> have shown sufficient progress or are compliant we will require termination
> contract language to be in our contract with them. We have asked for a copy
> of their roadmap showing accessibility work. I don’t know how they will
> respond, this was just sent out to them this week, but will probably know
> pretty soon.
>
> The companies attitude was that they knew they weren’t compliant but
> wanted to become. But that they have contracts with a pile of Ivy League
> schools that are letting them slide basically. For some reason no one is
> telling these companies no we won’t buy your product because its not
> accessible. I guess no one wants to do the work to find one that is
> accessible, or none exist. So we have come up with this middle ground
> approach at our school to get us started. It’s not perfect, and its does
> not directly meet the policy per se. But it gets us moving in the right
> direction and makes the company aware that we are giving them a very
> limited time to get compliant, and that we won’t be making their product a
> core piece of the curriculum, but as a optional resource.  We will still be
> submitting it for a waiver if the waiver system survives. We have put the
> termination contract language in a few new purchases that are compliant, so
> the companies know they have to keep it compliant.
>
>
>
>
>
> Ward Naf
>
> IT Director
>
> Whatcom Community College
>
> (360) 383-3430
>
>
>
> *From:* ATcoord [mailto:atcoord-bounces at lists.ctc.edu] *On Behalf Of *Jess
> Thompson
> *Sent:* Friday, April 28, 2017 10:42 AM
> *To:* Rosalie Madison <rmadison at everettcc.edu>
>
> *Cc:* atcoord at lists.ctc.edu
> *Subject:* Re: [ATcoord] contract language for inaccessible technologies
>
>
>
> 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
> Phone: (425) 259-8719
> --Believe in the power of hard questions and honest answers
>
> Please take a minute to help us improve our IT service by completing the IT
> Feedback Survey <http://goo.gl/J3nGC> - http://goo.gl/J3nGC
>
>
>
> On Fri, Apr 28, 2017 at 10:23 AM, Jess Thompson <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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>
>
>
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