Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 10 - TEXAS WATER DEVELOPMENT BOARD
Chapter 354 - MEMORANDA OF UNDERSTANDING
Section 354.8 - Memorandum of Understanding for Inclusion in DIR's WCAG 2.0 Web Accessibility Scanning Program
Universal Citation: 31 TX Admin Code ยง 354.8
Current through Reg. 49, No. 38; September 20, 2024
(a) This MEMORANDUM OF UNDERSTANDING (MOU) is entered into by and between the governmental entities shown below as Agreement Parties, pursuant to the authority granted and in compliance with the provisions of Texas Government Code, Chapter 771, the Interagency Cooperation Act, and Chapter 2054, Subchapter M, Access to Electronic and Information Resources by Individuals with Disabilities.
(b) Agreement Parties.
(1) Receiving Agency: Texas Water Development
Board, 1700 N. Congress Ave., Austin, Texas 78701.
(2) Performing Agency: Department of
Information Resources (DIR), 300 W. 15th Street, Suite 1300, Austin, Texas
78701.
(c) Scope.
(1) This Memorandum of Understanding (MOU) is
entered into by and between the Texas governmental entities shown above as
Agreement Parties. The Department of Information Resources (DIR) will provide
to the receiving agency the services described in this MOU for electronic and
information resources (EIR) accessibility web scanning services. DIR has
contracted with a third-party provider to perform accessibility scans on a
monthly basis. Initially, the scans will be performed by SiteImprove pursuant
to contract DIR-ITS-SITEIMPROVE-001.
(2) There is no charge to the receiving
agency for the services provided by DIR. The term of this MOU begins on the
date of the last party to sign and will end upon termination of the underlying
agreement with the third-party service provider, or anytime at the discretion
of DIR. If the receiving agency elects to terminate these services at any time
prior to the expiration of the MOU, the receiving agency will provide DIR with
a minimum of ten (10) days prior written notice. This MOU may be amended by
mutual agreement of the parties. Any amendment must be in writing.
(d) Program Overview.
(1) The WCAG 2.0 Web Accessibility Scanning
Program is conducted as part of the State of Texas initiatives in support of
Texas government statutes and administrative rules regarding EIR accessibility
for people with disabilities. This document describes the services to be
provided to Texas Water Development Board (TWDB) by DIR for accessibility
scanning of a subset of the receiving agency's public web pages.
(2) The purpose of the program is to assist
the agency in making its public websites accessible for all Texas citizens,
including people with disabilities, and sets forth the responsibilities for
each party. There is NO cost to agencies for this service.
(e) Objectives and Benefits of the Program.
(1) The primary objective of the program is
to assist agencies in making their public websites accessible for all Texas
citizens including people with disabilities, and in support of meeting WCAG 2.0
web accessibility technical standards which are expected to be integrated into
Texas Administrative Codes (TAC) Chapter 206 and 213 once they have been
adopted as part of the revisions to US Section 508 of the Rehabilitation act of
1973. The use of this service will allow agencies to:
(A) Increase accessibility compliance levels
of agency public websites
(B)
Obtain precise, critical accessibility information about a subset of an
agency's live public website that might not otherwise be available/affordable
(C) Use the reported information
and supporting resources to remediate identified accessibility issues
(D) Mitigate risk to the state by
demonstrating progress and initiative toward creating an inclusive IT
environment
(E) Lay the groundwork
for agencies to establish accessibility baselines, goals, and metrics to track
progress
(2) The service
also scans for and reports on:
(A) Broken
links, Misspellings, and Consistency issues
(B) Website availability and performance
(C) Search Engine Optimization
(SEO) issues
(f) Description of Services.
(1) Beginning at the home page of an agency's
website, approximately 150 pages will be scanned monthly for accessibility
issues using the Worldwide Web Consortium (W3C) Web Content Accessibility
Guidelines 2.0 (WCAG 2.0) technical standards. PDF documents on a website
discovered during the scan will also be checked for accessibility. It should be
noted that automated testing (web scanning) tools/services do not currently
have the ability to test for all WCAG 2.0 accessibility criteria and that
manual testing using assistive technologies should also be performed on a
subset of the scanned pages to validate full compliance to this standard.
(2) Agencies will be scheduled
into the scan environment after a signed MOU has been received by DIR. Once the
receiving agency is included in the scanned environment, scans will be
performed monthly, until terminated by either party.
(3) DIR will work with the receiving agency's
EIR Accessibility Coordinator to set up and validate scanned pages to ensure
data is accurate.
(4) Agency EIR
Accessibility Coordinators will receive a login ID to access their agency's
detailed reports residing on DIR's secure area of the vendor's (SiteImprove)
server. Agencies will also be able to add additional users of the tool.
(5) The receiving agency's
accessibility coordinator will be notified when each monthly scan is complete
and reports are available for viewing.
(6) Agency reports will provide summary and
detailed information on accessibility and other information for the agency's
scanned pages and PDFs, including:
(A) Number
of pages with errors
(B) Error
types, locations, and code snippets where the errors occurred
(C) Support information with resources and
techniques for remediating the identified errors
(D) Broken links, misspellings, and
consistency issues
(E) Website
availability and performance
(F)
Search Engine Optimization (SEO) issues
(7) Self-paced training resources on use of
the service user interface will be made available from the vendor.
(g) Scan Results, Data Ownership, and Sharing.
(1) Scan results are owned by
the receiving agency.
(2) The
receiving agency will have access to only the data applicable to itself.
(3) DIR will have viewing access
to all data included in the scan for use in statewide analysis and metrics so
that it can:
(A) assist agencies with
questions related to scan results
(B) aggregate results to identify common
issues and track progress at the enterprise level
(4) DIR will not share individual agency
results with third parties, unless written approval by authority within the
agency is provided.
(5) In the
event of public information or legislative requests, requestors will be
referred to participating agencies or responded to jointly in collaboration
with DIR.
(h) Tasks and Activities. Below is a table of the tasks and activities associated with agency start up and ongoing program activities.
(1)
Task/Activity: Execution of MOU; Performers: DIR/Agency
(2) Task/Activity: Provide initial scanning
date to agency; Performers: DIR/Agency
(3) Task/Activity: Contact agency EIR
Accessibility Coordinator to inform them of agency scan initiation; Performers:
DIR
(4) Task/Activity: Provide
login credentials to agency to facilitate agency review of results; Performers:
DIR/Service Vendor
(5)
Task/Activity: Perform initial scan; Performers: Service Vendor
(6) Task/Activity: Analyze results and tune
settings; Performers: DIR/Agency/Service Vendor
(7) Task/Activity: Validate results;
Performers: Agency
(8)
Task/Activity: Integrate site into monthly scans; Performers: Service Vendor
(9) Task/Activity: Websites will
be sampled monthly. Agencies receive new scan reports after each completed scan
and works with appropriate staff to remediate; Performers: Agency/Service
Vendor;
(10) Task/Activity: Answer
results questions and provide user support; Performers: DIR/Service Vendor.
(i) Contacts.
(1) DIR Contacts:
(A) PRIMARY CONTACT: Jeff Kline, Statewide
EIR Accessibility Coordinator, 512-463-3248, Jeff.Kline@dir.texas.gov.
(B) SECONDARY CONTACT: Deborah
Hujar, Director of Planning, Policy, and Governance, 512-463-6117,
Deborah.Hujar@dir.texas.gov
(2) Agency Contacts:
(A) EIR ACCESSIBILITY COORDINATOR: Matt
Erickson, 512-410-6602, matt.erickson@twdb.texas.gov
(B) IRM: Wendy Barron, 512-463-7862,
wendy.barron@twdb.texas.gov
(C)
ADDITIONAL CONTACT: Darrell Tompkins, Manager of IT Security & Systems
Infrastructure, 512-463-9921, Darrell.tompkins@ twdb.texas.gov
(j) Certifications. The undersigned Parties hereby certify that:
(1)
The matters specified above are necessary and essential for activities that are
properly within the statutory functions and programs of the affected agencies
of state government;
(2) This MOU
serves the interest of efficient and economical administration of state
government; and
(3) The services,
supplies, or materials in this MOU are not required by Section 21, Article 16
of the Constitution of Texas to be supplied under contract given to the lowest
responsible bidder.
(4) The
Agreement Parties execute this MOU to be effective upon the date of the last
party to sign.
(5) Dated March 30,
2015.
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