Common use of Americans with Disabilities Act as Amended Clause in Contracts

Americans with Disabilities Act as Amended. Contractor working with the IUC-PG and its members must comply with the Americans with Disabilities Act as Amended (ADA-AA) and other applicable State of Ohio and Federal standards such as the Rehabilitation Act of 1973 regarding accessibility and disability. The IUC-PG’s goal is to ensure that products and services are functionally accessible to individuals with disabilities. Compliance means that a person with a disability can acquire the same information, engage in the same interactions, and enjoy the same services as a person without a disability, in an equally effective and integrated manner, with substantially equivalent ease of use. There are multiple approaches to providing equally effective and substantially equivalent ease of use. A product will be considered to have met this standard based on processes that may include a review by the IUC-PG member institution or the Contractor demonstrating that the work clearly meets the appropriate accessibility standards, etc. Where applicable, your proposal shall identify how the product or service addresses accessibility to individuals with disabilities including but not limited to the following: blind/low vision, deaf/hard of hearing, dexterity or fine motor skill impairments and individuals with limited mobility. Contractor acknowledges and understands that any [s/Software and/or h/Hardware under this Agreement] must comply with the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101 et seq. and Sections 504 and 508 of the Rehabilitation Act 29 U.S.C. 701 et seq. as those laws apply to the Member Institutions and meet current Web Content Accessibility Guidelines set forth by the World Wide Web Consortium (W3C). Contractor acknowledges and warrants that Software conforms and shall continue to conform during the Term of this Agreement to the W3C Web Content Accessibility Guidelines, version 2.0 (“WCAG 2.0”) at conformance Level A and AA. If Software does not fully conform to WCAG 2.0 A and AA, Contractor shall advise IUC-PG Members in writing of the nonconformance prior to execution of any Agreement and shall provide the IUC-PG Member with a plan to achieve conformance to WCAG 2.0 A and AA, including but not limited to, an intended timeline for conformance. Failure to achieve conformance, as determined in an IUC-PG Member’s sole discretion, on its intended timeline shall be considered a material breach of this Agreement and grounds for termination by the contracting IUC-PG Member. If during the Term of this Agreement, Contractor fails to maintain compliance with WCAG 2.0 A and AA or an IUC-PG Member otherwise identifies an issue related to accessibility of the Software (the “Accessibility Issue”) that renders the application inaccessible, then the IUC-PG Member shall notify Contractor of non- compliance. Within 30 days of Contractor receipt of a non-compliance notice (“Notice”), Contractor and the IUC-PG Member shall meet and mutually agree upon an appropriate timeline for resolution of the Accessibility Issue(s) (“Initial Meeting”). Should [Contractor]: