Transcript LPA Pre-Award Certification & Assurances Survey July 23, 2014 Webinar Housekeeping    Mute= *6 Unmute= #6 Use chat function to ask questions or wait until open Q&A.

LPA Pre-Award Certification &
Assurances Survey
July 23, 2014
Webinar Housekeeping



Mute= *6
Unmute= #6
Use chat function to ask questions or
wait until open Q&A at the end
Facilitators

Britni Saunders
LPA Training Director, INDOT
100 North Senate Avenue, N955
Indianapolis, IN 46204
317-234-7930
[email protected]

Heather Kennedy
Director, Economic Opportunity
Division, INDOT
100 North Senate Avenue, N750
Indianapolis, IN 46204
317-234-8008
[email protected]
Purpose

Provide information and technical
assistance to INDOT sub recipients and
beneficiaries regarding the upcoming PreAward Certification & Assurance Survey.


Does not constitute legal advice.
Laws and regulations are subject to change. Accuracy
and completeness of this presentation is not
guaranteed beyond the date of this presentation.
Section 504


Part of Vocational Rehabilitation Act of
1973
Purpose


To prevent discrimination in federally funded
programs
Language

“No qualified handicapped person shall, solely, by
reason of his handicap, be excluded from participating
in, be denied benefits of, or be subjected to
discrimination under any program or activities that
receives or benefits from federal financial assistance.”
Title VI


Part of the Civil Rights Act of 1964
Purpose



To eliminate discrimination in federally funded
programs and activities
To ensure equitable distribution of public funds for
public benefit
Applies to all recipients of federal funding regardless
of size
Title VI, cont.

Language

“No person in the United States shall on the grounds
of race, color, or nation origin be excluded from
participation in, be denied benefits of, or be subjected
to discrimination under any program or activity
receiving federal financial assistance.”
Title II of the ADA


Part of the American Disabilities Act of
1990
Purpose



Prohibits discrimination based on disability
Requires state and local government to provide
program access and effective communication for
individuals with disabilities
Enforced by the U.S. Department of Justice
Title II of the ADA, cont.

Language

“[N]o qualified individual with a disability shall, by
reason of such disability, be excluded from
participation in or be denied the benefits of services,
programs, or activities of a public entity, or be
subjected to discrimination by any such entity.”
Survey Details

LPA Pre-Award Certification & Assurance


Opens July 1st; DEADLINE: SEPTEMBER 1st by 11:59 PM
Purpose







Monitor sub recipients for compliance with the nondiscrimination laws
Self-reporting tool
Due annually
Accessible online at: http://itap.indot.in.gov
Used to determine compliance with Title VI, ADA and
Section 504
Information reported to FHWA
Failure to complete on time = noncompliance

Noncompliant means at risk of ineligibility of federal funding
Survey Details, cont.

Failure to Respond = Noncompliance

The LPA has not met the prescribed requirements and
has failed to show a good faith effort in implementing
all of the Title VI requirements.
Compliance Deficiencies

What if a LPA has compliance deficiencies?



INDOT will notify the LPA and give the LPA and
opportunity to voluntarily come into compliance
within a specific timeframe.
Failure to voluntarily address any deficiencies noted
constitutes noncompliance.
A LPA must clearly demonstrate it is making a good
faith effort to comply with the nondiscrimination laws
Consequences of Noncompliance



Withholding of payments on the contract until
the sub recipient complies, and
Cancellation, termination or suspension of the
contract in whole or in part, or
Other authorized action including provisions
under state and local law (e.g. referral to INDOT
Prequalification Committee or the U.S.
Department of Justice)
Survey Clarity

Question 1

Are you responding on behalf of a local public
agency (city, county or town) that receives
federal financial assistance from the Indiana
Department of Transportation?


ANSWER YES
Even if you do not currently receive funds but plan
to apply or plans to use them, you will need to
complete the survey.
Where to locate the survey






INDOT homepage
Click on Doing Business with INDOT
Click on Local Public Agency Programs
Under ‘Related Links’, click on “INDOT
Technical Application Pathway (ITAP)
Login”
Business registered? User registered?
Request the application “LPA Annual
Pre-Award Certification & Assurance”
FAQs
1.
2.
3.
4.
5.
Do you need to complete this survey if you are in
an MPO?
My agency just completed the survey in June. Do
I need to do it again?
How do I know if my agency will be audited on
the information I submit?
If I say something that is incorrect about our
Implementation Plan, will my agency be
penalized?
Is there a record of what we submitted last year
on this survey?
FAQs
6.
7.
8.
9.
10.
Do I need to complete this survey if I am not
planning a federally-funded transportation project?
What happens if my agency does not complete the
survey because we think we won’t be using federally
money and then we realized later that we need to
apply?
Can a consultant fill this out for me?
If my agency doesn’t have a Title VI/ADA
Coordinator, who should I have help me fill it out?
Why is there a deadline for completing the survey?
Questions?
Resources
Content Questions:

Heather Kennedy
Technical Assistance:
 Michael Cales
Director Economic Opportunity Division,
INDOT
100 North Senate Avenue, N750
Indianapolis, IN 46204
317-234-8008
[email protected]
LPA Program Director, INDOT
100 North Senate Avenue, N955
Indianapolis, IN 46204
317-232-5021
[email protected]

Content & Training:

Britni Saunders
LPA Training Program Director, INDOT
100 North Senate Avenue, N955
Indianapolis, IN 46204
317-234-7930
[email protected]
Michael McNeil
LPA Program Director, INDOT
100 North Senate Avenue, N955
Indianapolis, IN 46204
317-232-0223
[email protected]
**Website resources:
Webinar presentation/how
to access the survey