8-5 ATTACHMENT FIVE ACCESS BY INDIVIDUALS WITH DISABILITIES.pdf

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Attached to
Freight Forwarder Services (Domestic, International, & Specialty)
Solicitation number
721-25099
Issued by
Travis County, Austin City, Texas

About this file

This document is Attachment Five (Bonfire Acknowledgement) related to access by individuals with disabilities for a University contract involving electronic and information resources (EIRs). The attachment requires the contractor to warrant that all electronic and information resources, documentation, and support provided to the University comply with federal and Texas accessibility laws and regulations, specifically 28 C.F.R. Part 35, Subpart H, 1 TAC Chapter 213, and 1 TAC §206.70.

The document outlines two compliance options: Option 1 covers all EIRs and requires adherence to federal and Texas accessibility regulations, while Option 2 is specifically for software applications, operating systems, websites, and mobile apps, mandating compliance with Web Content Accessibility Guidelines (WCAG) 2.1. If the contractor becomes aware that the EIRs do not meet the accessibility warranty, they must either remediate the resources at no cost to the University or replace them with compliant resources. Failure to do so may result in contract termination and a full refund of amounts paid by the University within 30 days.

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[Option (INCLUDE THIS ATTACHMENT IF CONTRACTOR WILL PROVIDE ELECTRONIC AND

INFORMATION RESOURCES AS DEFINED BY §2054.451, GOVERNMENT CODE):

ATTACHMENT FIVE (BONFIRE ACKNOWLEDGEMENT)

ACCESS BY INDIVIDUALS WITH DISABILITIES

Access by Individuals with Disabilities: Contractor represents and warrants (EIR Accessibility Warranty) the electronic and information resources and all associated information, documentation, and support Contractor provides to University under this Agreement (EIRs) comply with [Option 1 (for all EIRs): the accessibility requirements in federal and Texas law and regulation applicable to University and/or Contractor, including (1) 28 C.F.R. Part 35, Subpart H and (2) 1 TAC Chapter 213 and 1 TAC §206.70 (ref. Subchapter M, Chapter 2054, Texas Government Code)] [Option 2 (for use when the only EIRs at issue are software applications and operating systems, including websites or mobile apps): the Level A and Level AA success criteria and conformance requirements specified in Web Content Accessibility Guidelines (WCAG) 2.1, 1 TAC §206.70, and 1 TAC §213.30].

[A UT institution may employ options in addition to the two identified above so long as the institution identifies all relevant accessibility statutes, regulations, and technical standards.] To the extent Contractor becomes aware the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor represents and warrants it will, at no cost to University, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. If Contractor fails or is unable to do so, University may terminate this Agreement and, within thirty (30) days after termination, Contractor will refund to University all amounts University paid under this Agreement.

Contractor will provide all assistance and cooperation necessary for performance and documentation of accessibility testing, planning, and execution criteria conducted by University or University’s third party testing resources, as required by 1 TAC §213.38(g).

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2054.htm#2054.451 https://www.ecfr.gov/current/title-28/chapter-I/part-35/subpart-H http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=1&pt=10&ch=213 http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=10&ch=206&rl=70 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2054.htm#M http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=10&ch=206&rl=70 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=10&ch=213&rl=30 http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=10&ch=213&rl=38

[Option (INCLUDE THIS ATTACHMENT IF CONTRACTOR WILL PROVIDE ELECTRONIC AND INFORMATION RESOURCES AS DEFINED BY §2054.451, GOVERNMENT CODE):
ATTACHMENT FIVE (BONFIRE ACKNOWLEDGEMENT)

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