The Department limited its program access review to those of the City’s programs services, and activities that operate in the following facilities: Biloxi Main Library, City Hall, first floor of the City Hall Annex, Visitor’s Center, Mardi Gras Museum, Saenger Theater, Community Development Center, Biloxi Community Center, O’Hanlon Recreation Center, Point Cadet Plaza, Maritime Seafood Industry Museum, O’Reilly Walking Track, Clay Point Park, East Division Community Center, Yankie Stadium, Lee Street Ball Park, Tullis-Toledano Manor, Old Brick House and Gazebo, John Henry Beck Park, Todd Migues Ball Park and Playground, Bay Terrace (Circle) Park, Businessman’s Park, Garden (Oak) Park, Peresich Park, Mirmar Park, St. Mary’s Park, Biloxi Natatorium, Hiller Park Tennis Courts, Hiller Park Playground, Hiller Park Pavilion, Hiller Ball Park, Cavalier Ball Park, Savarro Ball Park, Larry Bogard (Volunteer) Park, Margaret Sherry Library, Popps Ferry Ball Field/Soccer Field/Walking Track, Tanglewood Park, and the Biloxi Lighthouse. Construction or alterations commenced after January 26, 1992, on the following facilities, which thus must comply with the ADA’s new construction or alterations requirements: the second floor of the City Hall Annex, Doris Busch Park, Herbert Mullins Center, Danella Ball Park, the tennis courts at Bay Terrace Park, Old AmServ Building, Hiller Parks and Recreation Office, West Biloxi Library, the batting cages at Larry Bogard Park, Penzoil Park, West Biloxi Community Center, and the Public Safety Complex. The Department also reviewed the accessibility of 7 of the City’s 9 polling locations.
B. JURISDICTION
1. The ADA applies to the City because it is a “public entity” as defined by title II. 42 U.S.C. § 12131(1).
2. The Department is authorized to conduct this compliance review under 42 U.S.C. § 12133 in order to determine the City’s compliance with title II and the Department’s implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133 to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance.
3. The Department is authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City’s compliance with § 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530, 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.
C. ACTIONS TAKEN BY THE CITY
4. The City conducted a self-evaluation in 1984 to comply with § 504 of the Rehabilitation Act. It developed a transition plan and updated its self-evaluation in October 1992. The revised self-evaluation shows that, in 1986, a Mayor’s Awareness Committee for Citizens with Disabilities was formed by the City by executive order. The members of this committee include citizens with disabilities, special education teachers, nurses, community advocates and the City’s ADA Coordinator. Several other organizations also participate in the planning and monitoring of City programs and activities. The Mayor’s Committee also consists of a Site Review Team that has engaged in bringing facilities into compliance with title III of the ADA.
5. Every October, the city sponsors an Awareness Fair where state and local agencies serving the disabled community are spotlighted. Activities include bringing public awareness to issues and obstacles faced by individuals with disabilities. Technology used by people with disabilities is also introduced to the public.
The parties to this Agreement are the United States of America and the City of Biloxi, Mississippi. In order to avoid the burdens and expenses of further investigation and possible litigation, the parties hereby agree as follows:
REMEDIAL ACTION
6. In consideration of, and consistent with, the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter, except as provided in paragraphs 66 and 68 below.
7. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is “readily accessible to and usable by” persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.
A. POLICIES AND PROCEDURES
8. In order to inform members of the public of the provisions of title II and their applicability to the City’s programs, services, and activities, the City will publish the attached Notice (Attachment A), within 30 days of the effective date of this Agreement, in a newspaper of general circulation serving Biloxi, Mississippi.
9. Additionally, within 30 days of the effective date of this Agreement, the City will distribute the Notice to all agency heads and will post copies in conspicuous locations, including public announcement or bulletin boards, in City buildings, and the City will refresh the posted copies, as necessary, for the life of this Agreement. Copies will also be provided to any person upon request.
B. EFFECTIVE COMMUNICATIONS
10. The City will publicize that the Mayor’s Office and Outreach Services may receive TTY calls directly from the public, just as it receives calls from hearing residents, through the first reprinting of the local telephone book that takes place after the effective date of this Agreement. Such publication will include an explanation that the TTY number functions as a TTY number for all City offices, with the exception of the Public Safety Center, and will be reiterated in subsequent local telephone book editions for the life of this Agreement.
C. POLLING PLACES
11. VFW Lodge
a. The VFW Lodge has no designated van accessible parking and lacks signage at two of the four designated accessible parking spaces, and the two designated accessible spaces on the side of the building do not have a demarcated access aisle. The City will request VFW officials to install appropriate signage, the appropriate number of van accessible spaces with a 96 inch wide access aisle and a “van accessible” sign mounted under the international symbol of accessibility such that the signage cannot be obscured by a vehicle parked in the space, within 12 months of the effective date of this Agreement. Standards §§ 4.6.4, 4.30.7.
b. The VFW Lodge has no directional signage from the inaccessible side entrance to the accessible front entrance. The City will request VFW officials to install appropriate signage within 12 months of the effective date of this Agreement. Standards §§ 4.1.2(7)(c), 4.1.3(8)(d), 4.30.2, 4.30.3, 4.30.5, 4.30.7.
12. Lee Chin Fire Station
a. The designated accessible parking space is not clearly marked, and there is no van accessible space. Within 12 months of the effective date of this Agreement, provide the number of accessible spaces, with demarcated access aisles, required by the Standards with appropriate signage, and provide the required number of van accessible spaces with a 96 inch wide access aisle and a “van accessible” sign mounted under the international symbol of accessibility such that the signage cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.3, 4.6.4, 4.30.7, Figure 9.
b. The curb ramp from the parking lot to the sidewalk in front of the Lee Chin Fire Station has a slope greater than 1:6. Within 36 months of the effective date of this Agreement, alter the curb ramp so that its slope is not greater than 1:12. Standards §§ 4.7.2, 4.8.2.
13. The City will continue to search for facilities that do conform to the ADA Standards for Accessible Design with respect to parking, exterior routes, entrances, and interior routes to the voting area.
D. PHYSICAL CHANGES
In order to ensure that each of the City’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the City will take the following actions.
14. The City shall make the following alterations to the Main Library within 36 months of the effective date of this Agreement:
a. The top of the main counter is 39 inches above the finish floor. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, or provide access to services transacted at this counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheelchairs). Standards § 7.2(2).
b. The drinking fountain is mounted with the spout at 41 3/4 inches above the finish floor. Provide a drinking fountain with a spout no higher than 36 inches above the finish floor, or install a cup dispenser next to the existing fountain within the reach range requirements of the Standards. Standards §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.
c. The public telephone does not comply with § 4.1.3(17). Provide a public telephone that has hearing aid compatibility, a volume control, signage, and that has its highest operable part no higher than 54 inches for a side reach or 48 inches for a front reach. Standards §§ 4.1.3(17), 4.31, 4.2.5, 4.2.6.
d. The route to the toilet rooms is 31 inches wide. Provide an accessible route that is at least 36 inches wide. Standards § 4.3.3.
e. Men’s and Women’s Toilet Room
(1) The signage is mounted on the doors to the toilet rooms. Provide signage on the wall adjacent to the latch side of the toilet room entrance doors with the centerline 60 inches above the ground and no protruding objects within 3 inches of the signage. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The force required to open the toilet room doors is greater than 5 pounds of force. Install or adjust door closers so that the force required to open the doors is not more than 5pounds. Standards § 4.13.11(2)(b).
(3) The bottom edge of the reflecting surface of the mirrors in both toilet rooms is 41 1/2 inches above the finish floor. Provide a mirror in each room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards § 4.19.6.
(4) The highest operable part of the paper towel dispenser in both toilet rooms is 57 1/2 inches above the finish floor. Provide a dispenser and ensure that it is reliably stocked with towels so that the highest operable part is no more than 54 inches above the finish floor for a side reach or 48 inches for a front reach. Standards §§ 4.22.7, 4.27.3, 4.2.6, 4.2.5.
(5) The soap dispenser in each room requires a forward reach and is mounted with the control more than 49 inches above the finish floor. Provide a dispenser so that it meets the requirements of the Standards. Standards §§ 4.27.3, 4.2.5, 4.2.6, Figures 5(b), 6(c).
(6) The coin slot of the sanitary napkin dispenser in the women’s toilet room requires a forward reach and is 51 1/2 inches above the finish floor. Because the dispenser is inoperable, the City will remove the coin slot.
(7) The top of the lavatory in each room is 38 inches above the finish floor. Provide a lavatory in each room with the top of the rim no higher than 34 inches above the finish floor and clearance at the lavatory apron of at least 29 inches above the finish floor. Standards §§ 4.19.2, Figure 31.
(8) The hot water and drain pipes under the lavatory in each room are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatories. Standards § 4.19.4.
(9) The accessible stall in each room is 36 inches wide by 55 inches deep. In each room, provide a “standard” accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.22.4, 4.25, 4.26, 4.27, Figure 30.
(10) The rim of the urinal in the men’s toilet room is 19 inches above the finish floor, and the flush control is 47 inches high. Provide a urinal with an elongated rim no more than 17 inches above the finish floor and the flush control no more than 44 inches above the finish floor. Standards §§ 4.18.2, 4.18.4.
f. There is no sign at the inaccessible front entrance directing the public to the accessible entrance at the rear of the library. Within 12 months of the effective date of this Agreement, the City will place a sign at the front entrance directing the public to the accessible entrance, and mount the international symbol of accessibility at the accessible entrance. Standards §§ 4.1.2(7)(c), 4.1.3(8)(d), 4.30.2, 4.30.3, 4.30.5, 4.30.7.
15. None of the 5 designated accessible parking spaces in the public parking lot across from the Main Library is van-accessible. Within 12 months of the effective date of this Agreement, The City shall complete the following: alter the spaces so that at least one is 96 inches wide with a 96 inch wide access aisle; install a “van accessible” sign below the international symbol of accessibility at this space such that the signage cannot be obscured by a vehicle parked in the space; and remove the sign facing south that designates the access aisle as an accessible space. Standards §§ 4.1.2(5), 4.6.4, 4.30.7.
16. The City shall complete the following alterations to City Hall within 12 months of the effective date of this Agreement:
a. The front entrance of the building is accessed by stairs only and there is no directional signage to the accessible entrance at the rear of the building. Install signage at the front of the building, visible from the bottom of the steps, directing persons with mobility impairments to the accessible rear entrance, and mount the international symbol of accessibility at the accessible entrance. Standards §§ 4.1.2(7)(c), 4.1.3(8)(d), 4.30.2, 4.30.3, 4.30.5, 4.30.7.
b. Neither of the 2 designated accessible parking spaces in the public parking area behind City Hall is designated as van accessible, and the access aisle is not clearly marked. Alter the spaces so that the access aisles are clearly marked and at least one of the spaces is served by a 96 inch wide access aisle (the two accessible spaces may share a common access aisle), and install a “van accessible” sign under the international symbol of accessibility such that the sign cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.4, 4.30.7.
17. The City shall complete the following alterations to City Hall within 36 months of the effective date of this Agreement:
a. The first floor men’s and women’s toilet rooms are not accessible. The City will construct an accessible unisex toilet room on the first floor and post directional signs at the inaccessible toilet rooms indicating the location of this toilet. Standards §§ 4.13, 4.16, 4.17, 4.19.2, 4.19.3, 4.22.2, 4.22.4, 4.26, 4.27, Figures 25(a), 30, 31.
b. The control panel inside the elevator car is 53 inches high with a side approach. Relocate the call buttons so that the center of the panel is 42 inches above the finish floor. Standards § 4.10.3 and Figure 20.
c. City Council Chambers – Second Floor
(1) The force required to open the hallway door leading to the City Council Chambers is 16 pounds. Adjust the door closer so that the force required to open the doors is not more than 5 pounds. Standards § 4.13.11(2)(b).
(2) The opening of a single leaf of the entrance door to the City Council Chambers is 29 inches. Alter the door so that one leaf has an opening width of at least 32 inches or insure that both of the doors are held open before and during open City Council Meetings. Standards §§ 4.13.4, 4.13.5.
d. The drinking fountain on the second floor lacks adequate knee clearance for a front approach and the alcove in which the fountain is located does not allow for a side approach. Install a drinking fountain that provides at least 27 inches of knee clearance with a spout no higher than 36 inches above the finish floor, or install cups next to the existing fountain within the reach range requirements of the Standards. Standards §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.
e. The second floor men’s and women’s toilet rooms are not accessible. The City will post directional signs at these toilet rooms indicating the location of the accessible toilet rooms on the first floor. Standards §§ 4.1.6(3)(e)(iii), 4.30.
f. The third floor toilet rooms are inaccessible. Install signs at the third floor men’s and women’s toilet rooms directing the public to the location of the accessible toilet rooms. Standards §§ 4.1.6(3)(e)(iii), 4.30.
18. The City shall complete the following alterations to City Hall Annex within 36 months of the effective date of this Agreement:
a. There is no Braille signage on the in-house telephone used to call the Accounting Division second floor. Install Braille signage adjacent to the telephone notifying blind patrons of the purpose and use of the telephone. To serve deaf patrons, install a buzzer with appropriate signage near the phone or insure that Accounting Division Staff members are trained to come to the first floor if they receive no response on the telephone receiver. Standards § 4.30. 28 C.F.R. § 35.160(a).
b. The spout of the drinking fountain is higher than 36 inches and the control is not mounted on the front or side of the unit. Provide a drinking fountain mounted with a spout height of no more than 36 inches above the finish floor and a control mounted on the front or side of the unit, or provide a water cooler and cups next to the existing fountain within the reach range requirements of the Standards. Standards §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.
c. Toilet Rooms
(1) The toilet rooms do not have the required signage. Install signage, using raised lettering and Braille, on the wall adjacent to the latch side of each door so that the centerline is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The spaces and elements in the men’s and women’s toilet rooms do not comply with the Standards. Renovate the men’s and women’s toilet rooms so that the spaces and elements in each room, including the door, water closet, grab bars, lavatory, mirror, controls and dispensers, and signage, comply with the Standards. Standards §§ 4.13, 4.16, 4.19, 4.22, 4.25, 4.26, 4.27, 4.30, Figures 28, 29, 31, 32.
(3) The table in the women’s toilet room impinges on the clear floor space at the lavatory and the turning space within the toilet room. Remove the table to meet the clear floor space and turning space requirements of the Standards. Standards §§ 4.19.3, 4.22.3.
d. There is a change in level on the accessible route from the parking lot to the rear accessible entrance to the building. Alter this route so that there are no changes in level greater that 1/2 inch and any changes in level between 1/4 and 1/2 inch are beveled with a slope no greater than 1:2. Standards §§ 4.3.2(1), 4.3.8, 4.5.2.
19. The City shall complete the following alterations to the Visitors Center 12 months of the effective date of this Agreement:
a. Neither accessible parking space is designated as van accessible. Within 12 months of the effective date of this agreement, install a “van accessible” sign under the international symbol of accessibility such that the signage cannot be obscured by a vehicle parked in the space. Remove the sign facing south that designates the access aisle as an accessible space. Standards §§ 4.1.2(5)(b), 4.6.4.
b. One of the designated accessible spaces does not have a level surface because of the presence of a ramp in the space. Demarcate the space so that the ramp to the sidewalk is not located in the accessible parking space within 12 months of the effective date of this . Standards § 4.6.3.
20. The City shall complete the following alterations to the Visitors Center within 36 months of the effective date of this Agreement:
a. The ramp handrail does not run the full length of the ramp or extend 12 inches beyond the end of the ramp and is on one side of the ramp only. The gripping surface of the handrail measures 2 1/2 inches wide at the top and the gripping surface is not continuous. Provide handrails along the full length of both sides of the ramp so that handrails extend 12 inches beyond the end of the ramp and are rounded or return smoothly to the floor or post and so that the width of the gripping surface is 1 1/4 inches to 1 1/2 inches and the gripping surface is continuous. Standards §§ 4.8.5, 4.26.2, Figures 17, 39.
b. There is a 1 1/2 inch change in level at the entrance door to the Visitor’s Center. Alter the entrance so that the change in level is no greater than 1/2 inch and is beveled with a slope no greater than 1:2 or provide a ramp with a level landing and adequate door maneuvering clearance at the entrance door. Standards §§ 4.3.8, 4.5.2, 4.8, 4.13.6, Figure 25.
c. The spaces and elements in the men’s and women’s toilet rooms do not comply with the Standards. Sign each toilet room as a unisex toilet room and renovate the toilet rooms so that the spaces and elements, including the door, grab bars, urinal, lavatory, mirror, controls and dispensers, and signage, comply with the Standards to the greatest extent possible. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.22, Figures 28, 29, 31, 32.
21. The City shall complete the following alterations to the Mardi Gras Museum (Magnolia House) within 36 months of the effective date of this Agreement:
a. The gripping surface of the handrail measures 3 1/2 inches wide by 3 inches thick. Provide a handrail with a gripping surface 1 1/4 inches to 1 1/2 inches wide. Standards § 4.26.2, Figure 39.
b. The handrails do not extend the full length of the ramp, and there is not a 12 inch handrail extension beyond the bottom of the ramp parallel with the walking surface. Provide handrails that meet the requirements of the Standards. Standards § 4.8.5.
c. Unisex Toilet Room
(1) The lavatory in the unisex toilet room provides a clearance of 25 inches above the finish floor to the bottom of the apron. Alter the lavatory so that there is a clearance of at least 29 inches above the finish floor to the bottom of the apron. Standards § 4.19.2, Figure 31.
(2) The height of the toilet is 15 1/2 inches from the finish floor to the top of the seat. Replace the toilet or install a riser to increase the height of the seat so that the top of the seat is between 17 and 19 inches above the finish floor. Standards § 4.16.3, Figure 29(b).
(3) The lavatory has twist-type faucets. Replace the faucets with hardware that does not require tight pinching, grasping or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.
(4) The mirror is mounted with the bottom edge of the reflecting surface 53 inches above the finish floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards § 4.19.6.
(5) The grab bars in the unisex toilet room are not configured correctly. Install a side grab bar that is no more than 12 inches from the back wall, is at least 42 inches long, and extends at least 54 inches from the back wall. Install a rear grab bar that is at least 36 inches long and that begins at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. Standards § 4.16.4, Figure 29.
22. The City shall complete the following alterations to the Saenger Theater within 36 months of the effective date of this Agreement:
a. The spout of the drinking fountain is more than 36 inches above the finish floor. Provide a fountain so that the spout is no higher than 36 inches above the finish floor, or install cups next to the existing fountain within the reach range requirements of the Standards. Standards §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.
b. The ramp into the theater has a slope of 1:8 at the bottom half of the ramp and 1:6 at the top half of the ramp, has no handrails, and has no level landing at the top. Develop a policy that provides for an usher to be stationed at the bottom of the ramp for all performances, available to assist persons using wheelchairs upon request. Post signs notifying the public that assistance is available. Standards §§ 4.8, 4.26.
c. There are 12 assistive listening devices available for a theater that seats 1150 patrons. Provide an additional 34 receivers to equal the 4% of the total number of seats required by the Standards. Post signs prominently in the theater indicating the availability of an assistive listening system. Standards § 4.1.3(19)(b), 4.30.
d. The theater contains 1150 seats and there is sufficient room in the accessible seating section in the last row to accommodate 4 wheelchair seating spaces with adjacent companion seats. Provide an additional 9 wheelchair seating spaces in the last row of the center section that comply with the dimension requirements in the Standards. Standards §§ 4.1.3(19)(a), 4.33.
23. The City shall complete the following alterations to the George Ohr Art Museum Parking Lot within 12 months of the effective date of this Agreement:
a. Neither designated accessible parking space is designated as “van accessible.” Alter the spaces so that there is at least one van accessible parking space served by an access aisle at least 96 inches wide and identified by an additional “van accessible” sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4, Figure 9.
b. The accessible parking sign is located in front of the access aisle. Reposition the sign in front of the accessible parking space. Standards §§ 4.1.2(7)(a), 4.6.4.
24. The City shall complete the following alterations to the Community Development Department within 36 months of the effective date of this Agreement:
a. The force required to open the doors to the auditorium is 15 pounds. Adjust the door closers so that the force required to open the doors is not more than 5 pounds. Standards § 4.13.11(2)(b).
b. The drinking fountain is mounted with a spout height more than 36 inches above the finish floor. Install a drinking fountain with a spout height no higher than 36 inches from the finish floor, or install cups next to the existing fountain within the reach range requirements of the Standards. Standards §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.
c. Toilet Rooms
(1) The force required to open the women’s toilet room door is 11 pounds. Adjust the door closer so that the force required to open the door is not more than 5 pounds. Standards § 4.13.11(2)(b).
(2) The designated accessible stall in the women’s toilet room is 58 inches wide and 56 inches deep and the stall door is 29 inches wide. The accessible stall in the men’s toilet room is 60 inches wide and 56 inches deep. The toilet stall door in both men’s and women’s rooms is located opposite the toilet. Provide stall partitions in each room with the stall door located on the “open” side of the toilet stall and the minimum clear opening width of the door at least 32 inches. Standards §§ 4.17.5, 4.13.5, Figure 30.
(3) The coat hooks on the stall doors in the designated accessible stalls are 64-67 inches above the finish floor. Provide coat hooks in each accessible stall that are not more than 54 inches above the finish floor for a side reach. Standards §§ 4.25.3, 4.2.6.
(4) The centerline of the toilet is 20 inches from the partition in the men’s designated accessible stall. Reposition the toilet so that the toilet centerline is between 18 inches and 18 1/4 inches from the partition. Standards § 4.17.3, Figure 30.
(5) The side grab bar in the designated accessible stall in each toilet room is 36 inches long and there is no rear grab bar. Install a side grab bar that is at least 40 inches long, is positioned so that it begins no more than 12 inches from the back wall, and it extends at least 52 inches from the back wall. Install a rear grab bar that is at least 36 inches long with the end mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. Standards §§ 4.17.6, 4.26, Figure 30.
(6) The lavatory in each toilet room provides a clearance of 26-27 inches above the finish floor to the bottom of the apron. Provide a lavatory in each toilet room with a knee clearance of at least 29 inches above the finish floor to the bottom of the apron. Standards § 4.19.2, Figure 31.
(7) The mirror in the women’s toilet room is mounted with the bottom edge of the reflecting surface 42 inches above the finish floor, and the mirror in the men’s toilet room is mounted with the bottom edge of the reflecting surface 44 1/2 inches above the finish floor. Provide a mirror in each room with the bottom edge of the reflecting surface no more than 40 inches above the finish floor. Standards § 4.19.6.
(8) The soap dispenser in the men’s toilet room is mounted with the control 50 1/2 inches above the finish floor and 20 inches from the face of the lavatory. Provide a dispenser so that its highest operable part is no more than 44 inches above the finish floor. Standards §§ 4.27.3, 4.2.5, Figure 5(b).
(9) The designated accessible stall door in each toilet room lacks locking hardware and the stall door in the men’s room does not close. Alter the accessible stall doors in each room to insure that the doors close and install locking hardware that does not require tight pinching, grasping, or twisting of the wrist to operate. Standards § 4.13.9.
25. The City shall complete the following alterations to the Biloxi Community Center within 12 months of the effective date of this Agreement:
a. The designated accessible parking spaces do not have access aisles or signs reserving the spaces as accessible and no van accessible space is provided. Alter the spaces to provide a 60 inch wide access aisle for each space (two accessible spaces may share an access aisle), post the international symbol of accessibility at each space such that the signage cannot be obscured by a vehicle parked in the space, and provide at least one space with a 96 inch wide access aisle and a “van accessible” sign mounted under the international symbol of accessibility. Standards §§ 4.1.2(5), 4.6.3, 4.6.4, Figure 9.
26. The City shall complete the following alterations to the Biloxi Community Center within 36 months of the effective date of this Agreement:
a. The ramp from the parking lot to the entrance has only one handrail, and the handrail has a gripping surface of 3 inches wide by 1 1/2 thick, is 31 1/4 inches above the face of the ramp, and does not extend beyond the top or bottom of the ramp. Install handrails on both sides of the ramp that comply with the Standards. Standards §§ 4.8.5, 4.26, Figure 17.
b. The handrails on the ramp to the stage in the main room have a gripping surface of 3 inches wide by 1 1/4 inches thick, are 31 1/2 inches above the face of the ramp, and do not extend the full length of the ramp. Install handrails that comply with the Standards. Standards §§ 4.8.5, 4.26, Figure 17.
c. The drinking fountain lacks adequate knee clearance for a front approach and the control is not mounted on the front or side of the unit. Provide a drinking fountain with 27 inches of knee clearance or clear floor space at least 30 inches deep by 48 inches wide to allow for a parallel approach and with a control mounted on the front or side of the unit, or provide cups next to the existing fountain within the reach range requirements of the Standards. Standards §§ 4.15.5, 4.27.3, 4.2.5, 4.2.6, Figure 27.
d. Toilet Rooms
(1) The toilet rooms do not have Braille signage. Provide Braille signage at each room mounted on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. Standards §§ 4.30.4, 4.30.6.
(2) The designated accessible stalls in each toilet room are less than 60 inches wide. Provide a “standard” accessible toilet stall in each room that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.22.4, 4.25, 4.26, 4.27, Figure 30.
(3) The bottom edge of the reflecting surface of the mirror in the men’s toilet room is 48 inches above the finish floor. Provide a mirror in the men’s toilet room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards § 4.19.6.
(4) The soap dispenser is mounted with the control 54 1/2 inches above the finish floor. Reposition the dispenser so that its highest operable part is not higher than 48 inches from the finish floor for a front reach. Standards §§ 4.27.3, 4.2.5, Figure 5(a).
27. The City shall complete the following alterations to the O’Hanlon Recreation Center within 12 months of the effective date of this Agreement:
a. None of the three designated accessible parking spaces is van accessible, one of the spaces has no access aisle or signage, and the existing access aisle provides no access to the sidewalk. Alter the spaces so that each space has an access aisle at least 60 inches wide, the access aisles connect directly to an accessible route to the sidewalk, each space is designated by appropriate signage, and a there is at least one van accessible space with a 96 inch wide access aisle and a “van accessible” sign mounted under the international symbol of accessibility such that the signage cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.3, 4.6.4, Figure 9.
28. The City shall complete the following alterations to the O’Hanlon Recreation Center within 36 months of the effective date of this Agreement:
a. The exterior ramp does not have handrails on both sides and the handrail does not extend at least 12 inches beyond the bottom of the ramp run. Provide handrails on both sides of the ramp complying with the Standards. Standards §§ 4.8.5, 4.26.
b. Women’s and Men’s Toilet and Locker Rooms
(1) The side grab bar in the designated accessible stalls are 14 1/4 inches from the back wall and 36 inches long. Provide side grab bars in both toilet rooms that are at least 40 inches long with the end nearest the back wall beginning no more than 12 inches from the wall and the far end extending at least 52 inches from the back wall. Standards §§ 4.17.6, 4.26, Figure 30.
(2) There is no rear grab bar in either toilet stall. Provide a rear grab bar in each accessible stall that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e. no more than 6 inches from the side wall. Standards §§ 4.17.6, 4.26, Figure 30.
(3) The toilet paper dispenser in each designated accessible stall is mounted above the side grab bar and interferes with its use. Remount the dispenser in each accessible stall below the side grab bar, at least 19 inches high to the centerline of the unit and no more than 36 inches from the back wall to the front of he unit. Standards § 4.17.3, Figure 30(d).
(4) The designated accessible stall door in each room has twist-type hardware. Replace the hardware on each accessible stall door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.17.5, 4.13.9.
(5) The coat hooks in the designated accessible stalls are mounted 67 inches above the finish floor. Provide a coat hook in each accessible stall that is no more than 54 inches above the finish floor for a side reach. Standards §§ 4.25.3, 4.2.6.
(6) The top of the lavatory rim in each room is 38 inches above the finish floor. Provide a lavatory in each room with the top of the rim no higher than 34 inches above the finish floor and with a clearance of at least 29 inches above the finish floor to the bottom of the apron. Standards § 4.19.2, Figure 31.
(7) The mirror in each toilet room is mounted with the bottom edge of the reflecting surface 49 inches above the finish floor. Provide a mirror in each room with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards § 4.19.6.
(8) The highest operable part of the paper towel dispenser in each toilet room is 49 3/4 inches above the finish floor. Provide a paper towel dispenser in each room with the highest operable part no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. Standards §§ 4.27.3, 4.2.5, 4.2.6.
(9) There are two fixed shower heads in each locker room with twist hardware on the controls and a curb into the shower area. Provide an accessible shower enclosure that is 36 inches by 36 inches, or a roll-in shower that is 30 inches by 60 inches, with all of the elements, including seat, grab bars, controls, curbs, and shower spray unit, in compliance with the Standards. Standards § 4.21, Figures 35, 37.
(10) The rim of the urinal in the men’s toilet room is 19 1/4 inches above the finish floor, and the flush control is 47 inches high. Provide a urinal with an elongated rim no higher than 17 inches above the finish floor and controls no higher than 44 inches above the finish floor. Standards §§ 4.18.2, 4.18.3.
29. The City shall complete the following alterations to the Point Cadet Plaza Toilet Rooms within 36 months of the effective date of this Agreement:
a. There is no accessible signage at the toilet rooms. Provide signage at each room that includes raised letters and Braille, mounted on the wall adjacent to the latch side of each door so that the centerline is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. Standards §§ 4.30.4, 4.30.5, 4.30.6.
b. The designated accessible stalls in each toilet room are less than 60 inches wide. Provide a “standard” accessible toilet stall in each room at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.22.4, 4.25, 4.26, 4.27, Figure 30.
c. The hot water and drain pipes under the designated lavatory in each toilet room are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatories. Standards § 4.19.4.
d. The highest operable part of the paper towel dispenser is 50 inches above the finish floor in the women’s toilet room with only a forward reach available. Provide a paper towel dispenser in the women’s room with the highest operable part no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a forward reach. Standards §§ 4.27.3, 4.2.5, 4.2.6.
e. The mirror in each room is mounted with the bottom edge of the reflecting surface 48 1/4 inches to 48 1/2 inches above the finish floor. Provide a mirror in each room mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards § 4.19.6.
f. The rim of the urinal in the men’s toilet room is 23 1/2 inches above the finish floor, and the flush control is 50 1/2 inches high. Provide a urinal that has a rim no higher than 17 inches above the finish floor and controls no higher than 44 inches above the finish floor. Standards §§ 4.18.2, 4.18.3.
g. The door to each toilet room lacks the 18 inch minimum maneuvering clearance on the pull-side of the door. Reverse the door swing so the door swings outward or provide a power assisted door opener. Standards § 4.13.6, Figure 25(a).
30. The parking, the front entrance, the drinking fountain, and the toilet rooms of the Maritime Seafood Museum have non-compliant elements. The City shall insure that the parking and all elements of the new addition are compliant with the Standards upon completion of the scheduled renovations within 36 months of the effective date of this Agreement. Standards §§ 4.1.2(5), 4.2.3, 4.2.5, 4.2.6, 4.3.7, 4.6, 4.8, 4.13, 4.15.2, 4.16, 4.17, 4.18, 4.19, 4.22 4.25, 4.26, 4.27, Figure 5, 6, 9, 25, 30, 31.
31. The City shall complete the following alterations to the O’Reilly Walking Track:
a. The parking lot has no van accessible parking space designated. Within 12 months of the effective date of this Agreement, provide at least one space with a 96 inch wide access aisle and a “van accessible” sign mounted under the international symbol of accessibility such that the signage cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.3, 4.6.4, Figure 9.
b. There is a change in level from the entrance to the walking track into the playground. Within 36 months of the effective date of this Agreement, alter this area so that the transition is flush and free of abrupt changes. Standards §§ 4.3.8, 4.5.2.
32. The City shall complete the following alterations to East Division Street Community Center within 12 months of the effective date of this Agreement:
a. The East Division Street Community Center shares a 322 space parking lot with Yankie Stadium. There are a total of 4 designated accessible parking spaces for both facilities. Alter the parking lot so that there are at least 8 accessible spaces available. Neither of the 2 existing designated accessible parking spaces at the Community Center are van accessible, one of the spaces has no signage, and the existing access aisle provides no access to the sidewalk. Alter these spaces so that the access aisle leads to an accessible route to the sidewalk, each space is designated by appropriate signage, and a there is at least one van accessible space with a 96 inch wide access aisle and a “van accessible” sign mounted under the international symbol of accessibility such that the signage cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.3, 4.6.4, Figure 9.
33. The City shall complete the following alterations to the East Division Street Community Center within 36 months of the effective date of this Agreement:
a. The ramp from the sidewalk to the entrance has handrails with a gripping surface 3 inches wide by 1 1/2 inches thick and the handrails do not extend beyond the top or bottom of the ramp. Install handrails on both sides of the ramp that comply with the Standards. Standards §§ 4.8.5, 4.26, Figure 17.
b. Toilet Rooms
(1) There is no compliant signage at either toilet room. Provide signage at each room that includes raised letters and Braille, mounted on the wall adjacent to the latch side of each door so that the centerline is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. Standards §§ 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.
(2) There is no accessible stall in either toilet room. Provide a “standard” accessible stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.22.4, 4.25, 4.26, 4.27, Figure 30.
(3) The lavatory in each toilet room provides a clearance of 27 inches above the finish floor to the bottom of the apron. Provide a lavatory in each room with a clearance of at least 29 inches above the finish floor to the bottom of the apron. Standards § 4.19.2 Figure 31.
(4) The lavatories in each toilet room have twist-type faucets. Replace the faucets with hardware that does not require tight pinching, grasping or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.
(5) The hot water and drain pipes under the lavatories in each room are not insulated or otherwise configured to protect against contact. Install installation on the pipes under each lavatory. Standards § 4.19.4.
(6) The bottom edge of the reflecting surface of the mirrors in the toilet rooms is 49 1/2 inches above the finish floor. Provide a mirror in each room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards § 4.19.6.
(7) The highest operable part of the paper towel dispenser in the women’s room is 51 1/2 inches above the finish floor with a forward reach. Verify the height of the paper towel dispenser control in the men’s room and provide a paper towel dispenser in each room so that the highest operable part is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor with a front reach. Standards §§ 4.27.3, 4.2.5, 4.2.6.
(8) The rims of the urinals in the men’s room are 36 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor. Standards § 4.18.2.
(9) The doors to both toilet rooms, which open into the room, lack the 18 inch minimum maneuvering clearance on the pull-side because the wall runs immediately perpendicular to the latch. Reverse the door so that it swings outward or provide an automatic power assisted door. Standards § 4.13.6, Figure 25(a).
c. The spout of the drinking fountain in the game room is 45 1/2 inches above the finish floor. Provide a drinking fountain with a spout height no higher than 36 inches above the finish floor, or install cups next to the existing fountain within the reach range requirements of the Standards. Standards §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.
d. The drinking fountains in the gymnasium are not accessible. Provide a drinking fountain with a spout height no higher than 36 inches from the finish floor, or install cups next to the existing fountain within the reach range requirements of the Standards. Standards §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.
34. The City shall make the following renovations to Yankie Stadium within 12 months after the completion of a new stadium constructed by the Biloxi School District or within 48 months of the effective date of this Agreement, whichever is earlier:
a. The ramp into the east side bleachers has a slope of 1:5. Extend the ramp so that the slope is no greater than 1:12 and relocate the entrance onto the track. Provide handrails on both sides of the ramp that comply with the Standards. Insure that the accessible route at the top of the ramp is clear and free from obstructions. Standards §§ 4.3, 4.5, 4.8, Figure 16.
b. There is no accessible seating in the bleachers on the east side. Provide wheelchair seating with companion seats that is integrated into the bleacher seating area, that adjoins an accessible route, and that has lines of sight comparable to those for the general public in compliance with the Standards. Standards § 4.33.
c. Toilet Rooms
(1) There is no accessible stall in either toilet room. Provide a “standard” accessible toilet stall in each room at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. Standards§§ 4.13, 4.16, 4.17, 4.22.4, 4.25, 4.26, 4.27, Figure 30.
(2) The lavatories in each toilet room have twist-type faucets. Replace the faucets on the accessible lavatories with hardware that does not require tight pinching, grasping or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.
(3) There is a step in front of the urinal troughs in the men’s toilet room. Provide an accessible urinal that meets the requirements of the Standards and is on an accessible route. Standards § 4.18.
(4) The paper towel dispenser control in the men’s toilet room is more than 88 inches above the finish floor with a forward reach. Verify the height of the paper towel dispenser control in the women’s room and provide a paper towel dispenser in each room so that the highest operable part is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a forward reach. Standards §§ 4.27.3, 4.2.5, 4.2.6.
35. The City shall make the following renovations to Yankie Stadium within 12 months of the effective date of this Agreement:
a. See 32a. above. Neither accessible parking space at Yankie Stadium is designated as van accessible. At at least one of the spaces, mount a “van- accessible” sign under the international symbol of accessibility such that the sign cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.3, 4.6.4, Figure 9.
b. The men’s and women’s toilet rooms are not accessible. Provide an accessible portable toilet on an accessible route when the stadium is open to the public. Standards § 4.1.2(6).
36. The City will complete the following alteration to Tullis-Toledano Manor within 12 months of the effective date of this Agreement:
a. There is no designated van accessible parking space, and the sign on the existing parking space is mounted too low. The City shall raise the parking signage so that it cannot be obscured by a vehicle parked in the space. The City shall also provide at least one parking space with an access aisle that is 96 inches wide and a “van accessible” sign mounted below the international symbol of accessibility in a position that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.3, 4.6.4, Figure 9.
37. The City will complete the following alterations to Tullis-Toledano Manor within 36 months of the effective date of this Agreement:
a. Unisex Toilet Room
(1) The signage at the unisex toilet room is mounted on the door and does not have raised characters or Braille. Provide signage that includes raised letters and Braille, mounted on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) There is inadequate maneuvering space at the door to the unisex toilet room and the maneuvering space provided is not level. Provide a level landing with the required maneuvering space at the toilet room door or provide an automatic or power assisted door. Standards § 4.13.6.
(3) The unisex toilet room door has knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching or twisting of the wrist to operate. Standards § 4.13.9.
(4) The centerline of the toilet is 21 1/4 inches from the right side wall. Reposition the toilet or fur out the wall so that the centerline is 18 inches from the side wall. Standards § 4.16.2, Figure 28.
(5) The side grab bar does not extend at least 54 inches from the back wall. Reposition or replace the grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and its end farthest from the back wall extends at least 54 inches from the wall. Standards § 4.16.4, Figure 29(b).
(6) The lavatory does not provide adequate knee clearance. Provide a lavatory with knee clearance that is at least 8 inches deep and at least 27 inches above the finish floor. Standards § 4.19.2, Figure 31.
(7) The lavatory in the unisex toilet room has twist-type faucets. Replace the faucets with hardware that does not require tight pinching, grasping or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.
(8) The mirror in the unisex toilet room is mounted with the bottom edge of the reflecting surface more than 40 inches above the finish floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards § 4.19.6.
38. The City will complete the following alterations to the Old Brick House and Gazebo:
a. There is no designated accessible parking. Within 12 months of the effective date of this Agreement, provide a van accessible parking space with a 96 inch wide access aisle and a “van accessible” sign mounted below the international symbol of accessibility such that the signage cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.3, 4.6.4, Figure 9.
b. There is no accessible route to the front of the house. Within 36 months of the effective date of this Agreement, establish an accessible route from the accessible parking spaces to the front of the house that is firm, stable, and slip-resistant and otherwise complies with the Standards. Standards §§ 4.3, 4.5.
c. There is no accessible route to the gazebo. Within 36 months of the effective date of this Agreement, establish an accessible route from the accessible parking spaces to the gazebo that is firm, stable, and slip-resistant and otherwise complies with the Standards. Standards §§ 4.3, 4.5.
d. Within 36 months of the effective date of this Agreement, provide a copy of the photo book available at the Old Brick House and at the Visitor’s Center so that persons with mobility impairments are able to view the house and have access to the displays inside. Standards § 4.1.7(3)(e).
39. The City is considering options for revitalization of John Henry Beck Park. Should the City retain control and maintenance of the park, the City shall insure that all facilities within the park are compliant with the Standards upon completion of revitaliation.
40. The City will complete the following alterations to Oak Park within 36 months of the effective date of this Agreement:
a. There is no curb ramp from the street into the park. Install a curb ramp that complies with the Standards. Standards § 4.7.
b. There is no accessible route into the park. Establish an accessible route from the street into the park that is firm, stable, and slip-resistant and otherwise complies with the Standards. Standards §§ 4.3, 4.5.
41. The City will insure that the following alteration to the Biloxi Natatorium are completed within 36 months of the effective date of this Agreement (except where otherwise noted):
a. The accessible parking spaces are not clearly marked, there are no access aisles, and van accessible parking is not provided. Within 12 months of the effective date of this Agreement, provide the number of accessible parking spaces required by the Standards with appropriate signage and 60 inch wide access aisles, and provide the required number of van accessible spaces with a 96 inch wide access aisle and a “van accessible” sign mounted under the international symbol of accessibility such that the signage cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.3, 4.6.4, Figure 9.
b. There are no handrails or edge protection on the ramp to the front entrance. Provide handrails on both sides of the ramp that comply with the Standards and provide edge protection on the side of the ramp opposite the wall. Standards §§ 4.8.5, 4.8.7.
c. The front entrance has a threshold greater than 1/2 inch. Alter the threshold so that it is no greater than 1/2 inch and beveled with a slope no greater than 1:2. Standards § 4.13.8.
d. The designated accessible shower in the women’s locker room is 35 1/2 inches by 35 inches with a clear opening width of 30 inches, there is no seat, no grab bars, a fixed shower head and twist type hardware. In each room, provide an accessible shower stall such that the shower stall’s opening, grab bars, bench, controls, and placement of the grab bars, bench and controls are in compliance with the Standards. Standards § 4.21, Figures 35, 36, 37.
e. The designated accessible toilet stall in the women’s locker room is 38 1/4 inches wide. In each room, provide an accessible toilet stall such that all of the stall’s elements, including entry door, water closet, arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.22.4, 4.25, 4.26, 4.27, Figure 30.
f. The designated accessible lavatory in the women’s locker room has twist-type faucets. Replace the controls in each room with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.
g. The communal shower in the men’s locker room is not accessible. The City will provide handheld shower units and a portable shower seat upon request. A sign shall be posted to notify patrons of the availability of the handheld shower units and shower seats. The City will also insure that the other elements in the men’s locker room, such as the lavatories, lockers, and accessible route through the locker room to each element and to the swimming pool, are fully compliant with the Standards and that the accessible toilet stall is compliant with the Standards to the greatest extent possible. Standards §§ 4.16, 4.17, 4.18, 4.19, 4.21, 4.22, 4.25, 4.26, 4.27, Figures 30, 31, 32, 35, 36, 37.
h. The drinking fountain is has a spout height of 43 inches. Provide a drinking fountain with a spout height no higher than 36 inches from the finish floor, or install cups next to the existing fountain within the reach range requirements of the Standards. Standards §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.
i. The storage room, which is also used as a classroom, has limited maneuvering space. Insure that, when classes are held in the room, there is adequate maneuvering space for individuals using wheelchairs. Standards § 4.3.
j. The portable lift is stored in the back of the storage room and is not readily accessible. The City will develop a policy whereby the portable lift can be accessed and used within 15 minutes of a request for the lift and will train appropriate employees on the policy. 28 C.F.R. § 35.130(7).
42. The City will complete the following alterations to the Hiller Tennis Courts Toilet Rooms within 36 months of the effective date of this Agreement:
a. The toilet stalls in the men’s and women’s toilet rooms are not accessible. In each room, provide a “standard” accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.22.4, 4.26, 4.27, Figure 30.
b. The lavatory in each room provides a clearance of 27 1/2 inches above the finish floor to the bottom of the apron. Provide a lavatory with a clearance of at least 29 inches above the finish floor to the bottom of the apron. Standards § 4.19.2, Figure 31.
c. The rim of the urinal in the men’s toilet room is not elongated. Provide a urinal with an elongated rim with the specified heights and clearances required by the Standards. Standards § 4.18.
d. The lavatory in each toilet room has twist-type faucets. Replace the faucets in each room with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.
e. The entry doors to each room have twist locks. Replace the locks with hardware that is operable with one hand and does not require tight grasping, pinching or twisting of the wrist to operate. Standards § 4.13.9.
43. The City will complete the following alterations to Hiller Park Playground within 36 months of the effective date of this Agreement:
a. There is no accessible route to the basketball court. Establish an accessible route from the designated accessible street parking to the basketball court that is firm, stable, and slip resistant and otherwise complies with the Standards. Standards §§ 4.3, 4.5.
44. The City will complete the following alterations to Hiller Pavilion within 36 months of the effective date of this Agreement:
a. There is no accessible route into the pavilion because the route to the platform has steps. Install a ramp from the roadway to the pavilion that conforms with the Standards. Standards §§ 4.3, 4.5, 4.8, 4.26.
45. The City will complete the following alterations to Hiller Baseball Park within 36 months of the effective date of this Agreement:
a. There is no accessible route to the batting cages because of a change in level at the entrance to the cages greater than 1/2 inch. Alter the route to the batting cages so that there are no changes in level greater than 1/2 inch and any changes in level between 1/4 inch and 1/2 inch are beveled with a slope no greater than 1:2. Standards §§ 4.3.8, 4.5.2.
b. Toilet Rooms
(1) There is no accessible route to the toilet rooms because of a change in level onto the entrance platform of the building. Alter the route to the toilet rooms so that there are no changes in level greater than 1/2 inch and any changes in level between 1/4 inch and 1/2 inch are beveled with a slope no greater than 1:2. Standards §§ 4.3.8, 4.5.2.
(2) The lavatories in both toilet rooms provide a clearance of 27 inches above the finish floor to the bottom of the apron. Provide a lavatory with a knee clearance of at least 29 inches above the finish floor to the bottom of the apron. Standards § 4.19.2, Figure 31.
(3) The lavatory in each toilet room has twist-type faucets. Replace the controls on the accessible lavatory with hardware that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.
(4) The rim of the lower urinal in the men’s room is 19 inches above the finish floor and the controls are 45 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor and with controls no higher than 44 inches above the finish floor. Standards §§ 4.18.2, 4.18.4.
(5) The accessible stall in each room is 43 inches wide and 59 inches deep. Provide a “standard” accessible toilet stall in each room at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all the stall’s elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.22.4, 4.25, 4.26, 4.27, Figure 30.
46. The City will complete the following alteration to the Margaret Sherry Library within 12 months of the effective day of this Agreement:
a. The accessible parking signs are low, one sign is located in front of the access aisle, and neither space is designated as van accessible. Provide at least one space served by a 96 inch wide access aisle with a “van-accessible” sign mounted under the international symbol of accessibility. Relocate the sign in front of the access aisle to the front of the accessible space. Raise the accessible parking signs such that they cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.4, 4.6.3, Figure 9.
b. There are two accessible spaces in the rear parking lot for access to the room where voting occurs, but neither space is designated as van accessible. Provide at least one space served by a 96 inch wide access aisle with a “van-accessible” sign mounted under the international symbol of accessibility such that the signage cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.4, 4.6.3, Figure 9.
47. The City will complete the following alterations to the Margaret Sherry Library within 36 months of the effective day of this Agreement:
a. The top of the main counter is 39 1/4 inches above the finish floor. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, or provide access to services transacted at this counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheelchairs). Standards § 7.2(2).
b. The men’s and women’s toilet rooms are inaccessible. The City will provide fully accessible toilet rooms upon renovation of the library.
c. The spout of the drinking fountain is higher than 36 inches above the finish floor. Provide a drinking fountain with a spout height no more than 36 inches above the finish floor, or install cups next to the existing fountain within the reach range requirements of the Standards. Standards §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.
48. Within 3 months of the effective date of this Agreement, the City will provide a history and photo book of the Biloxi Lighthouse and make it available at the Visitor’s Center so that persons with mobility impairments are able to view the lighthouse and have access to the history and views inside. The City will post explanatory and directional signs in the parking lot adjacent to the lighthouse to notify visitors with disabilities of the photo book’s availability at the Visitor’s Center. Standards § 4.1.7(3)(e).
In order to ensure that the following spaces in City facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.
49. The City shall complete the following alterations to the Doris Busch Park within 36 months of the effective date of this Agreement:
a. There is no accessible route from the street into the Park. Install a curb ramp from the street into the park. Standards §§ 4.1.6(2), 4.1.2(2), 4.3.8, 4.7.
b. None of the picnic tables are accessible to persons who use wheelchairs. Provide an eating surface within the shelter with adequate clear floor space and knee clearance at a height of between 28 inches and 34 inches above the ground. See Standards §§ 4.1.6(1)(b), 4.1.3(18).
50. The City shall complete the following alteration to the Herbert Mullins Center within 12 months of the effective date of this Agreement:
a. There is no accessible parking. Provide, in a number complying with the Standards and located on the shortest accessible route to an accessible entrance, accessible parking spaces that are at least 96 inches wide and level, with 60 inch wide access aisles and appropriate signage. Provide, in a number complying with the Standards, van accessible parking spaces that are 96 inches wide with 96 inch wide access aisles and a “van accessible” sign mounted below the international symbol of accessibility in a position that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7.
51. The City shall complete the following alterations to the Herbert Mullins Center within 36 months of the effective date of this Agreement:
a. Toilet Rooms
(1) The toilet rooms do not have the required signage. Install signage, using raised lettering and Braille, on the wall adjacent to the latch side of each door so that the centerline is 60 inches above the ground and there are no protruding objects within 3 inches of the signage. Standards §§ 4.1.6(1)(b), 4.1.3(16), 4.30.4, 4.30.5, 4.30.6.
(2) The centerlines of the toilet in the men’s and women’s designated accessible stalls are 15 1/4 to 15 3/4 inches from the wall. Reposition each toilet, wall, or partition so that the toilets are 18 inches from the side wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.17.3, 4.22.4, Figure 30.
(3) The rear grab bars in the men’s and women’s accessible stall are 23 3/4 to 24 inches long. Provide a rear grab bar in each accessible stall that is at least 36 inches long and that begins at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. Standards
§§ 4.1.6(1)(b), 4.1.3(11), 4.17.6, 4.22.4, Figure 30.
(4) There is no accessible toilet paper dispenser in either toilet room. Provide a dispenser in each accessible stall mounted below the side grab bar, at least 19 inches above the finish floor from the centerline of the dispenser and no more than 36 inches from the rear wall to the face of the dispenser. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.17.3, 4.22.4, Figure 30(d).
(5) The coat hooks in the accessible stalls are 68 inches above the finish floor. Provide a coat hook in each accessible stall that is no higher than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a forward reach. Standards §§ 4.1.6(1)(b), 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.
(6) The designated accessible lavatory in each room provides a clearance of 25 3/4 inches above the finish floor to the bottom of the apron. Provide at least one lavatory in each room with a clearance of at least 29 inches above the finish floor to the bottom of the apron and with the rim no higher than 34 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.19.2, 4.22.6, Figure 31.
(7) The lavatories have twist-type faucets. Replace the faucets on the accessible lavatories with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.19.5, 4.22.6, 4.27.4.
(8) The designated accessible mirror in each room is mounted with the bottom edge of the reflecting surface 46 1/2 inches above the finish floor. Provide a mirror in each room with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.19.6, 4.22.6.
(9) The rim of the urinal in the men’s room is 18 3/4 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.18.2 4.22.5.
52. The City shall complete the following renovation to the Danella Ball Park within 12 months of the effective date of this Agreement:
a. The two accessible parking spaces lack signs designating them as accessible, neither space is designated as van accessible, and there are no access aisles. Alter the spaces to provide a 96 inch wide access aisle that can be shared by the two accessible spaces and two signs reserving the two spaces as accessible. Also mount a “van-accessible” sign under the international symbol of accessibility at least one of the accessible spaces such that the signage cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5), 4.6.3, 4.6.4, Figure 9.
53. The City shall complete the following renovations to the Danella Ball Park within 36 months of the effective date of this Agreement:
a. There is no accessible route to the baseball fields. Establish an accessible route from the accessible parking into the baseball fields that is firm, stable, and slip-resistant and otherwise complies with the Standards. Standards §§ 4.1.6(2), 4.1.2(2), 4.3, 4.5.
b. The threshold at the door into the building where the toilets are located is greater than 1/2 inch. Alter the threshold so that it is no higher than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.1.6(1)(b), 4.1.3(7)(a), 4.13.8.
c. Toilet Rooms
(1) The signs are mounted 69 inches above the finish floor. Provide appropriate signs mounted on the wall adjacent to the latch side of each door so that the centerline is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signage. Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.
(2) The designated accessible toilet stall in the men’s toilet room is 49 inches wide and 59 inches deep. The designated accessible toilet stall in the women’s toilet room is 49 inches wide and 58 1/2 inches deep. Provide a “standard” accessible toilet stall in each room at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that the all the stall’s elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. Standards §§ 4.1.6(1)(b), 4.13, 4.16, 4.17, 4.22.4, 4.25, 4.26, 4.27, Figure 30.
(3) The rim of the urinal in the men’s toilet room is 25 inches above the finish floor. Provide a urinal with an elongated rim no more than 17 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.22.6.
(4) The hot water and drain pipes under the lavatory in each room are not insulated or otherwise configured to protect against contact. Install insulation on each set of pipes. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.19.4, 4.22.6.
(5) The lavatory in each room has 27 3/4 inches wide of clear floor space. Move the privacy wall in each room to provide clear floor space that is at least 30 inches wide. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.3, 4.19.3, 4.22.6
(6) The bottom edge of the reflecting surface of the mirror in each room is between 47 inches and 47 1/2 inches above the finish floor. Provide a mirror in each room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. Standards
§§ 4.1.6(1)(b), 4.1.3(11), 4.19.6, 4.22.6.
(7) The door to each toilet room, which opens into the room, lacks the 18 inches minimum maneuvering clearance on the pull-side because the wall runs immediately perpendicular to the latch. Reverse the doors so that they swing outward, move the walls to provide the required maneuvering clearance, or provide power assisted door openers. Standards
§§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.6, Figure 25(a).
d. There is no accessible route to the playground. Establish an accessible route from the accessible parking to the playground that is firm, stable, and slip resistant and otherwise complies with the Standards. Standards §§ 4.1.6(2), 4.1.2(2), 4.3, 4.5.
e. There is no accessible route to the dugout. Establish an accessible route from the accessible parking to the dugout that is firm, stable, and slip resistant and otherwise complies with the Standards. Standards §§ 4.1.6(2), 4.1.2(2), 4.3, 4.5.
54. The City will insure that all future renovations to the AmServ Building are done in compliance with the Standards. The City will also insure that the paths of travel, including restrooms, telephones, and drinking fountains, serving any altered areas are accessible. Standards § 4.1.6.
55. The City will make the following alterations to Bay Terrace Park within 36 months of the effective date of this Agreement:
a. There is no curb ramp from the street into the park. Install a curb ramp that complies with the Standards. Standards § 4.1.6(2), 4.1.2(2), 4.7.
b. There is no accessible route into the park and the established routes within the park are not accessible. Establish an accessible route from the street to all park facilities that is firm, stable, and slip-resistant and otherwise complies with the Standards. Standards §§ 4.1.6(2), 4.1.2(2), 4.3, 4.5.
c. There is no accessible route from the park to or into the tennis courts. Establish an accessible route from the park onto the tennis courts that is firm, stable, and slip-resistant, that has no abrupt changes in level, and that otherwise complies with the Standards. Standards §§ 4.1.6(2), 4.1.2(2), 4.3, 4.5.
56. The City will complete the following alteration to Hiller Parks and Recreation Office within 12 months of the effective date of this Agreement:
a. There is no van accessible parking space and the designated accessible parking space has no access aisles. Provide at least one van accessible parking space with a 96 inch wide access aisle and a “van accessible” sign mounted under the international symbol of accessibility such that the sign cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6.4, 4.6.3, Figure 9.
57. The City will complete the following alterations to Hiller Parks and Recreation Office within 36 months of the effective date of this Agreement:
a. Front Entrance Ramp
(1) The ramp handrail does not extend 12 inches beyond the bottom of the ramp, there is no handrail along one side of the top of the ramp, and the gripping surface of the handrail is wide at the top. Provide handrails such that they extend at least 12 inches beyond the bottom of the ramp and have a continuous gripping surface 1 1/4 inches to 1 1/2 inches wide along the full extend of both side of the ramp. Standards §§ 4.1.6(1)(b), 4.1.2(1), 4.3.8, 4.8.5, 4.26.2, Figures 17, 39.
(2) There is no level landing at the top of the ramp. Provide a landing at the top of the ramp that is 60 inches long and otherwise complies with the Standards. Standards §§ 4.1.6(1)(b), 4.1.2(1), 4.3.8, 4.8.4.
b. The front entrance door has twist-type hardware. Replace the door knob with hardware that can be operated with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.6(1)(b), 4.1.3(7)(a), 4.13.9.
c. There is a 1 1/8 inch change in level at the front entrance door threshold. Alter the change in level and/or threshold so that it is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.1.6(1)(b), 4.1.2(1), 4.1.3(7)(a), 4.3.8, 4.5.2, 4.13.8.
58. The City will complete the following alteration to the West Biloxi Library within 12 months of the effective date of this Agreement:
a. Neither accessible parking space is designated as van accessible. Provide at least one parking space served by a 96 inch wide access aisle with a “van-accessible” sign mounted under the international symbol of accessibility such that the signage cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.1.6(1)(b), 4.6.4.
59. The City will complete the following alterations to the West Biloxi Library within 36 months of the effective date of this Agreement:
a. There is a 1 inch threshold at the entrance door. Alter this threshold so that it is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.1.6(2), 4.1.3(7)(a), 4.13.8.
b. Toilet Rooms:
(1) The pressure required to open the women’s toilet room door is greater than 5 pounds. Adjust the door closer so that the force required to open the door is not more than 5 pounds. Standards §§ 4.1.6(1)(b), 4.1.3(7), 4.13.11(2)(b).
(2) The centerline of the women’s toilet in the designated accessible stall is 22 inches from the wall. Relocate the toilet so that it is 18 inches from the side wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3, Figure 30(a).
(3) The toilet flush valve controls in the designated accessible stalls in both toilet rooms are on the closed side of the stall. Alter the controls so that they are on the open or wide side of each stall or provide automatic flush controls. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.5, 4.17.2.
(4) The tops of the lavatories in each toilet room are between 34f inches and 35 inches above the finish floor. Provide a lavatory in each room so that the top surface is no higher than 34 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.2, Figure 31.
(5) The hot water and drain pipes beneath the lavatories in each room are exposed. Install insulation on the pipes of the accessible lavatory in each room. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
(6) The designated accessible stall in the men’s toilet room is 98 inches wide and 48 inches deep. Alter the stall so that it is at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet). Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.17.3, 4.22.4, Figure 30(a).
(7) The rim of the urinal in the men’s room is 18 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.2.
c. The toilet paper dispenser in each designated accessible stall is mounted above the side grab bar and interferes with its use. Remount the dispenser in each accessible stall below the side grab bar, at least 19 inches high to the centerline of the dispenser and no more than 36 inches to the front of the dispenser from the back wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3, Figure 30(d).
d. The coat hook in the designated accessible toilet stall in the men’s toilet room is 67 1/2 inches above the finish floor. Provide a coat hook that is 48 inches above the finish floor for a forward reach or 54 inches above the finish floor for a side reach. Standards §§ 4.1.6(1)(b), 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.
e. The designated accessible toilet stall door hardware in the men’s toilet room is 56 1/2 inches above the finish floor. Provide door hardware that is not more than 48 inches above the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.5, 4.13.9.
60. The City will complete the following alterations to Penzoil Park within 36 months of the effective date of this Agreement:
a. There is no accessible route to the park gazebo. Establish an accessible route from the walking path to the park gazebo that is firm, stable, and slip resistant and otherwise complies with the Standards. Standards §§ 4.1.6(2), 4.1.2(2), 4.3, 4.5.
b. There is no accessible route to the picnic gazebo. Establish an accessible route from the walking path to the picnic gazebo that is firm, stable, and slip resistant and otherwise complies with the Standards. Standards §§ 4.1.6(2), 4.1.2(2), 4.3, 4.5.
c. There is no accessible route to the picnic tables. Establish an accessible route from the walking path to the picnic tables that is firm, stable, and slip resistant and otherwise complies with the Standards. Standards §§ 4.1.6(2), 4.1.2(2), 4.3, 4.5.
d. There is no accessible route to any of the playsets. Establish an accessible route from the street to at least one playset that is firm, stable, and slip resistant and otherwise complies with the Standards. Standards §§ 4.1.6(2), 4.1.2(2), 4.3, 4.5.
In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.
61. There are a total of 192 parking spaces provided in the parking lot at the West Biloxi Community Center. Four designated van accessible parking spaces are provided. The City will provide two additional accessible parking spaces within 12 months of the effective date of this Agreement. Standards §§ 4.1.2(5), 4.6.
62. The City will make the following alterations to the Public Safety Building within 12 months of the effective date of this Agreement:
a. There are a total of 146 parking spaces provided in the parking lot. Three designated accessible parking spaces are provided. Provide two additional accessible parking spaces, including at least one van accessible space. Standards §§ 4.1.2(5), 4.6.
b. The two designated accessible spaces that are provided and the access aisle serving those spaces are not sufficiently wide and a curb ramp is located within the access aisle. Ensure that the accessible parking spaces are a minimum of 96 inches wide. Ensure that the access aisles serving those spaces are a minimum of 60 inches wide and are level in all directions. Standards §§ 4.1.2(5), 4.6.3, 4.6.4, Figure 9.
c. The designated van accessible parking space that is provided does not have a demarcated access aisle that is a minimum of 96 inches wide, as required, and a curb ramp is located within the access aisle provided. Ensure that the access aisle is at least 96 inches wide and is level in all directions. Standards §§ 4.1.2(5)(b), 4.6.3, 4.6.4, Figure 9.
63. The City will insure that any and all newly constructed facilities, including the West Biloxi Community Center and the Public Safety Building, are constructed in full compliance with the Standards. The term “alterations” is defined at 28 C.F.R. 36.402. Should the City undertake any alterations to any of the existing parks or other facilities, the City shall insure that all elements are in compliance with the applicable Standards at that time.
IMPLEMENTATION AND ENFORCEMENT
64. Except as otherwise specified in this Agreement, at 6 month intervals beginning the effective date of this Agreement, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.
65. If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.
66. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement.
67. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.
68. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement or may declare the Agreement null and void and file suit to enforce title II of the ADA.
69. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the City or the Department on request.
70. The effective date of this Agreement is the date of the last signature below.
71. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA.
72. This Agreement will remain in effect for five years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved.
72a. It is agreed and understood that the City of Biloxi does not admit a violation in any respect of the Americans with Disabilities Act, the Rehabilitation Act of 1973 or any implementing regulation. No liability or responsibility is admitted by the City of Biloxi; this instrument is a release, settlement and compromise of disputed claims.
73. The person signing for the City of Biloxi, Mississippi, represents that he or she is authorized to bind the City to this Agreement.
