Any contract for the procurement of information or telecommunication technology by, or for the use of, a covered entity, as defined in KRS 61.890(4), shall include the following language:
For More Information, contact the Kentucky Finance & Administration Cabinet, Office of Procurement.
Vendor hereby warrants that the products or services to be provided under this contract comply with the accessibility requirements of section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1194. Vendor further warrants that the products or services to be provided under this contract comply with the existing federal standards established under Section 255 of the Federal Telecommunications Act of 1996 (47 U.S.C. § 255), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1193, to the extent the vendor’s products or services may be covered by that act. Vendor agrees to promptly respond to and resolve any complaints regarding accessibility of its products or services which are brought to its attention. Vendor further agrees to indemnify and hold harmless any covered entity and its officers, agents, and employees, from and against any and all claims or suits which may be brought against a covered entity for infringement of any laws regarding disability discrimination which may arise from the inaccessibility of the vendor’s products and services. In any such action brought against a covered entity, the vendor shall satisfy and indemnify the covered entity for the amount of any final judgment. The vendor further agrees it shall be liable for attorney fees for a covered entity in the event such services are required to enforce the obligations of the vendor to the covered entity under this contract. Failure to comply with these requirements shall constitute a breach of contract.