ATTACHMENT A

Please Note: Paragraph 14 of the Agreement requires that within three months of the effective date of this Agreement, the City will provide signage as necessary to comply with 28 C.F.R. § 35.163(b),after having surveyed the facility that is the subject of this Agreement fort he purpose of identifying multiple entrances not all of which are accessible.

The technical requirements and, where appropriate, cestoidean 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 chart below lists the facilities surveyed by the Department, the access issues identified during the survey, and the actions required to correct the access issues. Required actions are listed using an alphanumeric code. The key to the alphanumeric codes is provided in Attachment B to this Agreement.

In order to ensure that the programs, services, and activities housed in the Rushmore Plaza Civic Center are accessible to persons with disabilities, when viewed in their entirety, the City will take the actions referenced by the alphanumeric code and described in detail in Attachment B to this Settlement Agreement within the time period specified below, which time period begins to run on the effective date of the Agreement.

Item #

Access Issue

Required Action

Completion Date

1.

Rushmore Plaza Civic Center, located at 444 Rushmore Road,
South Dakota 57701

1.1

Parking:

1.1.a

The parking lot A, with a total of 130 parking spaces has no designated accessible spaces provided. This lot requires 1 van accessible space and 4 standard accessible spaces.

P1

30 months

1.1.b

The parking lot B, with a total of 199 parking spaces has 3 designated accessible spaces provided. This lot requires 1 van accessible space and 5 standard accessible spaces.

P1

30 months

1.1.c

The parking lot C, with a total of 148 parking spaces has an insufficient number of accessible spaces provided. This lot requires 1 van accessible spaces and 4 standard accessible spaces.

P1

12 months

1.1.d

The parking lot C driveway, with a total of 15 has no accessible spaces provided. This lot requires 1 van accessible space.

P1

12 months

1.1e

The parking lot D, with a total of 370 parking spaces has an insufficient number of accessible spaces provided. This lot requires 2 van accessible spaces and 6 standard accessible spaces.

P1

12 months

1.1.f

The parking lot D driveway, with a total of 17 has no accessible spaces provided. This lot requires 1 van accessible space.

P1

12 months

1.1.g

The parking lot E, with a total of 270 parking spaces has an insufficient number of accessible spaces provided. This lot requires 2 van accessible spaces and 5 standard accessible spaces.

P1

30 months

1.1.h

The parking lot F, with a total of 303 parking spaces has an insufficient number of accessible spaces provided. This lot requires 2 van accessible spaces and 6 standard accessible spaces.

P1

12 months

1.1.i

The parking lot F, suite parking, with a total of 20 has no accessible spaces provided. This lot requires 1 van accessible space.

P1

12 months

1.1.j

The parking lot G, with a total of 532 parking spaces has an insufficient number of accessible spaces provided. This lot requires 2% of the total for standard accessible spaces and 1in every 6 to be van accessible.

P1

12 months

1.1.k

The parking lot H, with a total of 455 parking spaces has an insufficient number of accessible spaces provided. This lot requires 2 van accessible spaces and 7 standard accessible spaces.

P1

12 months

1.1.l

The parking lot for N. Barnett Arena, with a total of 84 parking spaces has an insufficient number of accessible spaces provided. This lot requires 1 van accessible space and 3 standard accessible spaces.

P1

12 months

1.1.m

The parking lot for courtyard parking, with a total of 25 has no accessible spaces provided. This lot requires 1 van accessible space.

P1

12 months

1.1.n

The parking lot for the North Journey Museum, with a total of 329 parking spaces has an insufficient number of accessible spaces provided. This lot requires 2 van accessible spaces and 6 standard accessible spaces.

P1

12 months

1.1.o

The designated accessible parking spaces in all the lots have access aisle that are not wide enough.

P2

12 months

1.2.

Main Entrance: The route is inaccessible because a portion of the ramp surface has a slope of 3.3%

AR1

6 months

1.2.a

The entrance ramp is inaccessible because the handrails do not have 12 inch long extensions at the ends.

R2

6 months

1.2.b

The ramp is inaccessible because it does not have edge protection.

R3

6 months

1.3.

ICE ARENA

1.3.a

The arena, containing 5, 135 seats, is inaccessible because there are only 12 wheelchair spaces provided. A total of 36 wheelchair accessible spaces are required.

AA6

9 months

1.3.b

The team/player seating areas are inaccessible because there is no wheelchair space provided.

AA7

9 months

1.3.c

The arena is inaccessible because there are no assistive listening systems provided. This arena requires 55 receivers, plus 1 per 100 seats over 2000

AA4

9 months

1.3.d

The ramp to suites is inaccessible because the handrails do not have 12 inch long extensions at the ends.

R2

9 months

1.4.

Rushmore Hall C& D

1.4.a

The ramp to Rushmore Hall C & D is inaccessible because the handrails do not have 12 inch long extensions at the ends.

R2

24 months

1.4.b

The doors are inaccessible because each requires 10 pounds of force to open.

D3

24 months

1.4.c

The door is inaccessible because the knob hardware requires tight grasping, pinching, or twisting of the wrist to operate.

D2

24 months

1.5.

Rushmore Hall Drinking Fountain: The drinking fountain contains a number of inaccessible elements and is not accessible to people with disabilities.

DF1

24 months

1.6.

Women’s Toilet Room with stalls:

1.6.a

The toilet room is inaccessible because the sign has no raised or Braille characters and does not have the International Symbol of Accessibility posted at accessible entrances.

TR11

24 months

1.6.b

The door is inaccessible because it requires 9 pounds of force to open.

D3

24 months

1.6.c

The toilet room has insufficient maneuvering clearance at the entrance and is not accessible to people with disabilities.

TR1

24 months

1.6.d

No accessible mirror has been provided.

TR5

24 months

1.6.e

The toilet room is inaccessible because there is no accessible toilet compartment provided.

TR2

24 months

1.6.f

The toilet compartment is inaccessible because it is 56 inches long and 50 inches wide.

TR23

24 months

1.6.g

The toilet room is inaccessible because the hand dryer protrudes into the clear floor space and is not detectable to blind persons using a cane.

AR7

24 months

1.6.h

The hand dryer is inaccessible because it is mounted with the controls 42 inches high.

CT4

24 months

1.6.i

The baby changing table is inaccessible because it protrudes into the clear floor space of the lavatory and has insufficient clear knee space.

DW1

24 months

1.7.

Men’s Lobby Toilet Room:

1.7.a

The toilet room is inaccessible because the sign has no raised or Braille characters and is mounted on the door.

TR11

24 months

1.7.b

The door is inaccessible because it requires 10 pounds of force to open.

D3

24 months

1.7.c

The toilet room has insufficient maneuvering clearance at the entrance and is not accessible to people with disabilities.

TR1

24 months

1.7.d

The toilet room is inaccessible because the hand dryer protrudes into the clear floor space and is not detectable to blind persons using a cane.

CT4

24 months

1.7.e

The hand dryer is inaccessible because it is mounted with the controls 42 inches high.

DW1

24 months

1.7.f

The baby changing table is inaccessible because it protrudes into the clear floor space of the lavatory and has insufficient clear knee space.

DW1

24 months

1.7.d

No accessible mirror has been provided.

TR5

24 months

1.7.e

The toilet room is inaccessible because there is no standard accessible toilet compartment provided.

TR2

24 months

1.7.f

The toilet compartment is inaccessible because it is 56 inches long and 50 inches wide.

TR23

24 months

1.7.g

The urinal is inaccessible because the rim is 24 inches high.

TR8

24 months

1.7.h

The urinal is inaccessible because there is insufficient clear floor space provided.

TR24

24 months

1.8

Women’s Lower Level Toilet Rooms with stalls near Lobby Ticket Counters:

1.8.a

The toilet room has insufficient maneuvering clearance at the entrance and is not accessible to people with disabilities.

TR1

24 months

1.8.b

No accessible mirror has been provided.

TR5

24 months

1.8.c

The lavatory is inaccessible because the water supply and drain pipes are not insulated or otherwise configured to protect against contact.

LS2

24 months

1.8.d

The toilet room is inaccessible because the hand dryer protrudes into the clear floor space and is not detectable to blind persons using a cane.

CT4

24 months

1.8.e

The hand dryer is inaccessible because it is mounted with the controls 42 inches high.

DW1

24 months

1.8.f

The toilet room is inaccessible because there is no accessible toilet compartment provided.

TR2

24 months

1.9

Men’s Lower Level Toilet Rooms with stalls near Lobby Ticket Counters

1.9.a

The toilet room has insufficient maneuvering clearance at the entrance and is not accessible to people with disabilities.

TR1

24 months

1.9.b

No accessible mirror has been provided.

TR5

24 months

1.9.c

The lavatory is inaccessible because the water supply and drain pipes are not insulated or otherwise configured to protect against contact.

LS2

24 months

1.9.d

The toilet room is inaccessible because the hand dryer protrudes into the clear floor space and is not detectable to blind persons using a cane.

CT4

24 months

1.9.e

The hand dryer is inaccessible because it is mounted with the controls 42 inches high.

DW1

24 months

1.9.f

The toilet room is inaccessible because there is no accessible toilet compartment provided.

TR2

24 months

1.9.g

The urinal is inaccessible because the rim is 20 inches high.

TR8

24 months

1.19.h

The urinal is inaccessible because there is insufficient clear floor space provided.

TR24

24 months

1.20

Women’s Upper Level Toilet Rooms with stalls

1.20.a

The toilet room has insufficient maneuvering clearance at the entrance and is not accessible to people with disabilities.

TR1

24 months

1.20.b

No accessible mirror has been provided.

TR5

24 months

1.20.c

The lavatory is inaccessible because the water supply and drain pipes are not insulated or otherwise configured to protect against contact.

LS2

24 months

1.20.d

The toilet room is inaccessible because the hand dryer protrudes into the clear floor space and is not detectable to blind persons using a cane.

CT4

24 months

1.20.e

The hand dryer is inaccessible because it is mounted with the controls 42 inches high.

DW1

24 months

1.20.f

The toilet room is inaccessible because there is no accessible toilet compartment provided.

TR2

24 months

1.21.

Men’s Upper Level Toilet Rooms with stalls

B2

24 months

1.21.a

The toilet room has insufficient maneuvering clearance at the entrance and is not accessible to people with disabilities.

TR1

24 months

1.21.b

No accessible mirror has been provided.

TR5

24 months

1.21.c

The lavatory is inaccessible because the water supply and drain pipes are not insulated or otherwise configured to protect against contact.

LS2

24 months

1.21.d

The toilet room is inaccessible because there is no accessible toilet compartment provided.

TR2

24 months

1.21.f

The urinal is inaccessible.

TR8

24 months

1.22

FINE ARTS THEATRE

1.22.a

The theater, containing 1,700 seats, is inaccessible because there are only 6 wheelchair spaces provided. A total of 6, plus 1 for each 150 between 501 and 5000 wheelchair accessible spaces are required.

AA6

6 months

1.22.b

The arena is inaccessible because there are no assistive listening systems provided. This arena requires 35 receivers, plus 1 per 50 seats over 1000.

AA4

12 months

1.23.

BARNETT ARENA

1.23.a

The automatic door is inaccessible because requires more than 5 pounds of pressure to operate

D11

30 months

1.23.b

The ticket counter is inaccessible because it is 42 inches high.

C1

30 months

1.23.c

The route to the east concourse lower level is inaccessible because the route has a running slope greater than 5%.

AR1

30 months

1.23.d

The route to the east concourse upper level seating is inaccessible because the route has a running slope greater than 5%.

AR1

30 months

1.23.e

The concessions counters (lower east/west) are inaccessible because they are 42 inches high

C1

30 months

1.24.

Women’s Toilet Room-East Concourse Upper Level with stalls

1.24.a

The signage provided is inaccessible because it does not have raised and Braille characters.

D15

30 months

1.24.b

The toilet room has insufficient maneuvering clearance at the entrance and is not accessible to people with disabilities.

TR1

30 months

1.24.c

The toilet room is inaccessible because the hand dryer protrudes into the clear floor space and is not detectable to blind persons using a cane.

CT4

30 months

1.24.d

The hand dryer is inaccessible because it is mounted with the controls 42 inches high.

DW1

30 months

1.24.e

The baby changing table is inaccessible because it protrudes into the clear floor space of the lavatory and has insufficient clear knee space.

DW1

30 months

1.24.f

No accessible mirror has been provided.

TR5

30 months

1.24.g

The lavatory is inaccessible because the water supply and drain pipes are not insulated or otherwise configured to protect against contact.

LS2

30 months

1.24.h

The toilet room is inaccessible because there is no accessible toilet compartment provided.

TR2

30 months

1.25

Men’s Toilet Room-East Concourse Upper Level with stalls

1.25.a

The signage provided is inaccessible because it does not have raised and Braille characters.

D15

30 months

1.25.b

The toilet room has insufficient maneuvering clearance at the entrance and is not accessible to people with disabilities.

TR1

30 months

1.25.c

The toilet room is inaccessible because the hand dryer protrudes into the clear floor space and is not detectable to blind persons using a cane.

CT4

30 months

1.25.d

The hand dryer is inaccessible because it is mounted with the controls 42 inches high.

DW1

30 months

1.25.e

No accessible mirror has been provided.

TR5

30 months

1.25.f

The lavatory is inaccessible because the water supply and drain pipes are not insulated or otherwise configured to protect against contact.

LS2

30 months

1.25.g

The toilet room is inaccessible because there is no accessible toilet compartment provided.

TR2

30 months

1.25.h

No accessible urinal is provided.

TR8

30 months

1.26.

Unisex/Family Toilet Room upper Concourse (East)

1.26.a

The door is inaccessible because it requires more than 5 pounds of force to open.

D3

30 months

1.26.b

The facility is inaccessible because, although the facility contains a fire alarm system, there are no visible alarms provided in toilet rooms, corridors, dressing room and suites, etc.).

AL1

30 months

1.26.c

The toilet room has insufficient maneuvering clearance and is not accessible to people with disabilities.

TR1

30 months

1.26.d

The toilet is inaccessible because the side grab bar is mounted with the far end 48 inches from the rear wall.

TR17

30 months

1.26.e

The toilet is inaccessible because the rear grab bar is 33 inches long and it is mounted with the near end the far end less than 24 inches from the center of the toilet.

TR 14

30 months

1.26.f

The toilet is inaccessible because the side grab bar is obstructed by the toilet flush valve.

TR15

30 months

1.27.

Unisex/Family Toilet upper Concourse (West)

30 months

1.27.a

The door is inaccessible because it requires more than 5 pounds of force to open.

D3

30 months

1.27.b

The facility is inaccessible because, although the facility contains a fire alarm system, there are no visible alarms provided in toilet rooms, corridors, dressing room and suites, etc.).

AL1

30 months

1.27.c

The toilet room has insufficient maneuvering clearance and is not accessible to people with disabilities.

TR1

30 months

1.27.d

The toilet is inaccessible because the side grab bar is mounted with the far end 48 inches from the rear wall.

TR17

30 months

1.27.e

The toilet is inaccessible because the rear grab bar is 33 inches long and it is mounted with the near end the far end less than 24 inches from the center of the toilet.

TR 14

30 months

1.27.f

The toilet is inaccessible because the side grab bar is obstructed by the toilet flush valve.

TR15

30 months

1.28.

Star Dressing Rooms (D,E, F)

1.28.a

The dressing room doors are inaccessible because the sign has no raised or Braille characters and is mounted on the door.

TR11

30 months

1.28.b

The dressing room toilet rooms contain a number of inaccessible elements and are not accessible to people with disabilities.

TR1

30 months

1.28.c

There are no accessible showers provided.

B2

30 months

1.29.

Women’s Toilet Room (Lower East Concourse)

1.29.a

The signage provided is inaccessible because it does not have raised and Braille characters.

D15

30 months

1.29.b

The toilet room has insufficient maneuvering clearance at the entrance and is not accessible to people with disabilities.

TR1

30 months

1.29.c

The facility is inaccessible because, although the facility contains a fire alarm system, there are no visible alarms provided in toilet rooms, corridors, dressing room and suites, etc.).

AL1

30 months

1.29.d

The toilet room is inaccessible because the hand dryer protrudes into the clear floor space and is not detectable to blind persons using a cane.

CT4

30 months

1.29.e

The hand dryer is inaccessible because it is mounted with the controls 42 inches high.

DW1

30 months

1.29.f

The baby changing table is inaccessible because it protrudes into the clear floor space of the lavatory and has insufficient clear knee space.

DW1

30 months

1.29.g

No accessible mirror has been provided.

TR5

30 months

1.29.h

The lavatory is inaccessible because the water supply and drain pipes are not insulated or otherwise configured to protect against contact.

LS2

30 months

1.29.i

The toilet room is inaccessible because there is no accessible toilet compartment provided.

TR2

30 months

1.30

Men’s Toilet Room (Lower East Concourse)

1.30.b

The toilet room has insufficient maneuvering clearance at the entrance and is not accessible to people with disabilities.

TR1

30 months

1.30.c

The facility is inaccessible because, although the facility contains a fire alarm system, there are no visible alarms provided in toilet rooms, corridors, dressing room and suites, etc.).

AL1

30 months

1.30.d

The toilet room is inaccessible because the hand dryer protrudes into the clear floor space and is not detectable to blind persons using a cane.

CT4

30 months

1.30.e

The baby changing table is inaccessible because it protrudes into the clear floor space of the lavatory and has insufficient clear knee space.

DW1

30 months

1.30.f

The hand dryer is inaccessible because it is mounted with the controls 42 inches high.

DW1

30 months

1.30.g

No accessible mirror has been provided.

TR5

30 months

1.30.h

The lavatory is inaccessible because the water supply and drain pipes are not insulated or otherwise configured to protect against contact.

LS2

30 months

1.30.i

The toilet room is inaccessible because there is no accessible toilet compartment provided.

TR2

30 months

1.30.i

No accessible urinal is provided.

TR8

30 months

1.31

Women’s Toilet Room (Lower West Concourse)

1.31.a

The signage provided is inaccessible because it does not have raised and Braille characters.

D15

30 months

1.31.b

The toilet room has insufficient maneuvering clearance at the entrance and is not accessible to people with disabilities.

TR1

30 months

1.31.c

The facility is inaccessible because, although the facility contains a fire alarm system, there are no visible alarms provided in toilet rooms, corridors, dressing room and suites, etc.).

AL1

30 months

1.31.d

The toilet room is inaccessible because the hand dryer protrudes into the clear floor space and is not detectable to blind persons using a cane.

CT4

30 months

1.31.e

The hand dryer is inaccessible because it is mounted with the controls 42 inches high.

DW1

30 months

1.31.f

The baby changing table is inaccessible because it protrudes into the clear floor space of the lavatory
and has insufficient clear knee space.

DW1

30 months

1.31.g

No accessible mirror has been provided.

TR5

30 months

1.31.h

The lavatory is inaccessible because the water supply and drain pipes are not insulated or otherwise configured to protect against contact.

LS2

30 months

1.31.i

The toilet room is inaccessible because there is no accessible toilet compartment provided.

TR2

30 months

1.32.

Men’s Toilet Room (Lower West Concourse)

1.32.a

The signage provided is inaccessible because it does not have raised and Braille characters.

D15

30 months

1.32.b

The toilet room has insufficient maneuvering clearance at the entrance and is not accessible to people with disabilities.

TR1

30 months

1.32.c

The facility is inaccessible because, although the facility contains a fire alarm system, there are no visible alarms provided in toilet rooms, corridors, and dressing room, etc.).

AL1

30 months

1.32.d

The toilet room is inaccessible because the hand dryer protrudes into the clear floor space and is not detectable to blind persons using a cane.

CT4

30 months

1.32.e

The hand dryer is inaccessible because it is mounted with the controls 42 inches high.

DW1

30 months

1.32.f

No accessible mirror has been provided.

TR5

30 months

1.32.g

The lavatory is inaccessible because the water supply and drain pipes are not insulated or otherwise configured to protect against contact.

LS2

30 months

1.32.h

The toilet room is inaccessible because there is no accessible toilet compartment provided.

TR2

30 months

1.32.i

No accessible urinal is provided.

TR8

30 months

1.33.

Women’s Toilet Room (Upper East Concourse)

AR7

30 months

1.33.a

The facility is inaccessible because, although the facility contains a fire alarm system, there are no visible alarms provided in toilet rooms, corridors, and dressing rooms, etc.).

AL1

30 months

1.33.b

The toilet room is inaccessible because the hand dryer protrudes into the clear floor space and is not detectable to blind persons using a cane.

CT4

30 months

1.33.c

The hand dryer is inaccessible because it is mounted with the controls 42 inches high.

DW1

30 months

1.33.d

The baby changing table is inaccessible because it protrudes into the clear floor space of the lavatory and has insufficient clear knee space.

DW1

30 months

1.33.e

No accessible mirror has been provided.

TR5

30 months

1.33.f

The lavatory is inaccessible because the water supply and drain pipes are not insulated or otherwise configured to protect against contact.

LS2

30 months

1.33.g

The toilet room is inaccessible because there is no accessible toilet compartment provided.

TR2

30 months

1.34

Men’s Toilet Room (Upper East Concourse)

1.34.a

The facility is inaccessible because, although the facility contains a fire alarm system, there are no visible alarms provided in toilet rooms, corridors, dressing room and suites, etc.).

AL1

30 months

1.34.b

The toilet room is inaccessible because the hand dryer protrudes into the clear floor space and is not detectable to blind persons using a cane.

CT4

30 months

1.34.c

The hand dryer is inaccessible because it is mounted with the controls 42 inches high.

DW1

30 months

1.34.d

No accessible mirror has been provided.

TR5

30 months

1.34.e

The lavatory is inaccessible because the water supply and drain pipes are not insulated or otherwise configured to protect against contact.

LS2

30 months

1.34.f

The toilet room is inaccessible because there is no accessible toilet compartment provided.

TR2

30 months

1.34.g

No accessible urinal is provided.

TR8

30 months

1.35.

Drinking Fountains (Upper and Lower Concourse/East and West)

1.35.a

Although a designated accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping DF3

DF3

30 months

1.35.b

The Drinking fountains are inaccessible because it protrudes into the walkway and is not detectable to blind persons using a cane.

AR7

30 months

1.36

The facility is inaccessible because there is no access to upper/lower levels, press section, entire west section, lower balcony section, upper north and south balcony, upper north and south balcony, west balcony, lower east and west balcony, lower VIP sections of the facility for people with mobility impairments.

AR 8

30 months

1.37

The facility is inaccessible because there is no access to shower and toilet rooms used by sports teams and the public sections of the facility for people with mobility impairments.

AR 8

30 months