Wells Fargo California Talking ATM and Alternative Format Agreement
3. Enhanced ATMs
- 3.1 Deployment of Enhanced ATMs.
- Wells Fargo agrees to work with its principal ATM vendors to develop, test and implement Enhanced ATMs utilizing a collection of the vendors’ commercially available hardware and software technologies. The parties agree that because the combination of the vendors’ hardware and software technologies that is necessary to provide Enhanced ATMs in the Wells Fargo Express ATM environment has not been demonstrated or used in a commercial setting in the United States, the Bank will proceed with its implementation of this new and untested technology according to a three-stage process. This process shall include a Demonstration Phase, a Pilot Project, and a Rollout Program, each of which is described more fully below:
- 3.1.1 Demonstration Phase.
- Subject to the provisions of Section 8 herein, the Demonstration Phase will be conducted in a controlled laboratory setting, which shall commence on the Effective Date. To the extent possible, the laboratory setting shall simulate the environments in which the Enhanced ATM will be used by the public. During the Demonstration Phase, Wells Fargo will work with each of its principal ATM vendors to develop and test an Enhanced ATM for use in the Wells Fargo Express ATM environment. During the Demonstration Phase, and subject to the provisions of Section 8 herein, Wells Fargo personnel will meet with representatives of Claimants, Council, and Counsel (up to a total of seven (7) participating individuals and Counsel at any one meeting) at least every sixty (60) days to demonstrate and report on the progress of this effort and to elicit input regarding the operation, usability and flow of the Enhanced ATM.
- 3.1.2 Pilot Project.
- At the conclusion of the Demonstration Phase, and subject to the provisions of Section 8 herein, Wells Fargo will begin a Pilot Project. At the outset of the Pilot Project, the Enhanced ATMs will be installed at a minimum of twenty (20) Existing ATM Locations. During the Pilot Project, the operational and usability aspects of the Enhanced ATM will be monitored and assessed. Wells Fargo personnel will meet with representatives of Claimants, Council, and Counsel (up to a total of seven (7) participating individuals and Counsel at any one meeting) at least once during the Pilot Project and, if applicable, once every ninety (90) days during the Pilot Project to report on the progress of this effort and to elicit input regarding the operation, usability and flow of the Enhanced ATMs in an actual commercial setting. Together the Demonstration Phase and the Pilot Project shall last not more than twelve (12) months.
- 3.1.3 Rollout Program.
- At the conclusion of the Pilot Project, and subject to the provisions of Section 8 herein, Wells Fargo will begin a Rollout Program, during which it will install an Enhanced ATM at the Existing ATM Locations and those Subsequently Acquired ATM Locations that are to be included in this Rollout Program pursuant to Sections 3.1.4(a) and (b) below (together referred to as “Rollout Locations”). The parties agree that the untested nature of this technology, which is not in actual commercial usage in the United States, requires the Rollout Program to occur on a progressive basis. Subject to the terms of this Agreement, Wells Fargo will deploy an Enhanced ATM at the Rollout Locations remaining after the Pilot Project, according to the following schedule:
ATM Rollout Dates/Location Schedule
|ATM Rollout Dates/Location Schedule
|Date (No Later Than)
||Number or Percentage of Rollout Locations With Enhanced ATMs
|September 1, 2000
||100 ATM Locations
|March 31, 2001
||200 ATM Locations
|June 30, 2001
|December 31, 2001
|June 30, 2002
|December 31, 2002
|June 30, 2003
|December 31, 2003
- Notwithstanding the schedule set forth above, Wells Fargo may defer installation of Enhanced ATMs at up to 2% of Rollout Locations for up to twelve (12) months upon written notification to Counsel pursuant to Section 3.1.10. If Wells Fargo exceeds the rollout percentages for deploying Enhanced ATMs as set forth herein, the excess shall be credited towards Wells Fargo’s rollout obligation for the next following rollout deadline(s).
- 3.1.4 Subsequently Acquired ATM Locations.
- A Subsequently Acquired ATM Location shall be considered a Rollout Location if and when it contains one or more Express ATMs which are installed by Wells Fargo (either de novo or as a replacement to an acquired ATM) after the Effective Date. With respect to all other Subsequently Acquired ATM Locations, such ATM Locations may be considered, at the option of Wells Fargo, a Rollout Location pursuant to Section 3.1.3 as of the date of the acquisition or may be exempted from the Rollout Locations upon written notification to Counsel pursuant to Section 3.1.10. Any Subsequently Acquired ATM Locations exempted from the Rollout Locations in Section 3.1.3 shall not be covered by this Agreement or any of its provisions, and Claimants and Council expressly reserve all rights regarding such ATM Locations.
- 3.1.5 Subsequently Relinquished ATM Locations.
- If Wells Fargo ceases to own, operate or lease an ATM Location after the Effective Date, that ATM Location shall no longer be subject to this Agreement as of the date upon which Wells Fargo ceases to own, operate or lease the ATM Location, and such Subsequently Relinquished ATM Locations shall no longer be considered in calculating Wells Fargo’s rollout schedule pursuant to Section 3.1.3, above, unless the ATM Location is relinquished to a parent, successor or assign of Wells Fargo, as defined in Section 14.1, herein. Any Existing ATM Location relinquished to a parent, successor or assign of Wells Fargo after the Effective Date shall continue to be subject to Wells Fargo’s rollout schedule pursuant to Section 3.1.3, above.
- 3.1.6 Pilot and Rollout Locations.
- Of Wells Fargo’s Existing ATM Locations selected for the Pilot Project, at least fifty percent (50%) shall be located in the San Francisco Bay Area, and at least twenty-five percent (25%) shall be located in Los Angeles and San Diego Counties. For each of the first two rollout deadlines of Section 3.1.3, above, at least twenty-five percent (25%) of the Existing ATM Locations at which Enhanced ATMs are installed shall be located in the San Francisco Bay Area.
- 3.1.7 Comments.
- Wells Fargo shall consider all written comments given by Claimants and Council pursuant to Sections 3.1.1 and 3.1.2, regarding the Enhanced ATM’s operability, usability and flow provided that such comments and suggestions are consistent with this Agreement and the ADA and the State Acts, and provided further that such comments are communicated by Counsel in writing on behalf of all parties and representatives within five (5) business days after the demonstration or meeting which gives rise to the comments. Within ten (10) business days, Wells Fargo shall provide Counsel with a specific response in writing regarding Wells Fargo’s position on each such comment.
- 3.1.8 Wheelchair Access.
- At Existing and Subsequently Acquired ATM Locations included under this Agreement which contain multiple Express ATMs, the Enhanced Express ATM shall be the ATM with the longest hours of operation and shall be wheelchair accessible.
- 3.1.9 Alternative Technology.
- If Wells Fargo should determine to adopt a method other than Enhanced ATMs for providing Persons with Vision Impairments independent access to banking services at Wells Fargo ATMs, Wells Fargo may request in writing that the parties modify this Agreement, provided that such other method: (a) provides independent access to the Core Functions to Persons with Vision Impairments, and (b) shall be implemented pursuant to the schedule contained in Section 3.1, above. Wells Fargo’s request for such a modification shall not excuse Wells Fargo’s compliance with the terms of this Agreement unless Claimants and Council consent. Within ten (10) business days after Wells Fargo’s request, Claimants and Council shall provide a specific response in writing regarding their position on Wells Fargo’s request for modification pursuant to this section. Within thirty (30) days after Claimants and Council’s receipt of Wells Fargo’s request for a modification under Section 3.1.9, the parties shall meet and confer and shall work together in good faith to resolve any disagreements. Failure to reach agreement during such meet and confer shall be considered a dispute to be resolved pursuant to Section 9 of this Agreement.
- 3.1.10 Rollout Information.
- Twice annually during the pendency of this Agreement beginning six months after the Rollout Program commences, Wells Fargo will provide to Counsel the following information (if applicable during the reporting period) about the Rollout Program, in writing:
- (a) the number of Enhanced ATMs placed during each rollout phase;
- (b) the addresses of the ATM Locations that received each Enhanced ATM during each rollout phase;
- (c) the number of ATM Locations Subsequently Acquired by Wells Fargo during the Demonstration, Pilot and each Rollout phase;
- (d) the addresses of all Subsequently Acquired ATM Locations;
- (e) the address of any Rollout Location subject to the 2% provision of Section 3.1.3;
- (f) the address of any Subsequently Acquired ATM Location subject to exemption from this Agreement pursuant to Section 3.1.4; and
- (g) the address of each ATM Location subsequently relinquished during each Rollout phase.
3.2 Locating and Identifying Enhanced ATMs.
- 3.2.1 Signage at Enhanced ATMs.
- Each Enhanced ATM will have a symbol in substantially the form attached as Exhibit A that identifies to Persons with Vision Impairments that the ATM is an Enhanced ATM. Any text in that sign shall be in large print and Braille.
- 3.2.2 Earphone Jacks.
- The earphone jack at each Enhanced ATM will be placed in an easily locatable position.
- 3.2.3 Information Regarding Locations of Enhanced ATMs.
- Wells Fargo’s 24-Hour Telephone Banking agents and Wells Fargo’s web site will provide information to Persons with Vision Impairments about the locations of the Enhanced ATMs. Wells Fargo shall provide a toll-free telephone number through which Persons with Vision Impairments may acquire this information, and Wells Fargo shall not charge Persons with Vision Impairments any fee for telephone calls seeking information about the locations of the Enhanced ATMs.
- 3.2.4 Braille Labels at Non-Enhanced ATM Locations.
- Wells Fargo will maintain its current effort to provide Braille instructions at the ATM describing the use of certain ATM functions. Wells Fargo will also provide Auxiliary Aids and Services for its ATM instruction manuals as described in Section 4.
- 3.3 Provision of Private Listening Devices.
- Wells Fargo shall provide private listening devices free of charge to Persons with Vision Impairments for their use with Enhanced ATMs.
- 3.4 Telephone Banking Fee Waivers.
- After a reasonable request can be processed in the normal course of Wells Fargo’s business, Wells Fargo will begin waiving fees associated with the use of its Telephone Banking services for Persons with Vision Impairments.
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