Sub-recipient Compliance Assessment (SCAT) Carey Shepherd FHWA
Florida Division [email protected] 850-553-2206 Jacqueline
Paramore FDOT Central Office [email protected]
850-414-4753 Dean Perkins FDOT Central Office
[email protected] 850-414-4359
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Whats the Solution? Partnership Trust Verification Data
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Implementing the Solution
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When is SCAT Required? Complete the SCAT whenever: your agency
certifies or recertifies It is requested by a funding or oversight
authority (FDOT, FHWA, FTA, etc.) there is change in the executive
leadership of your agency you need practice or want to train
staff
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Who Completes the SCAT? Generally the person selected as the
Nondiscrimination Coordinator collects and submits the SCAT.
However, this could vary agency to agency its up to you. It isnt
necessary that the Coordinator know the answers. Rather, they
should be able to reach various agency departments or officials to
gather responsive information.
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Getting Started Visit the FDOT LAP website at:
www.dot.state.fl.us/specificationsoffice/LAP/For ms/LapForms.shtm
Click on SCAT... It looks like this
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Next... Enter the name of your agency and determine if your
agency has 49 or fewer employees or 50+. These are full or part
time employees, in all departments. Now youre ready to tackle the
SCAT questions
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The First 3 Questions: Need immediate attention Are deal
breakers FDOT cannot do business with agencies lacking these items
Are the only questions reviewed by the District LAP
Administrators
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Question 1
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Question 2 Does your agency have a written nondiscrimination
policy along with procedures for filing and resolving a complaint
about race, color, national origin, sex, age and disability?
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.
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Question 3 Is your agency constructing or improving curb raps
in connection with resurfacing projects? Hint: The answer should
not be no. Recent direction by US DOT and US DOJ require curb ramp
installation or improvement as part of resurfacing at a minimum.
Note: ADA is not tied to funding! See the Guidance at:
https://www.fhwa.dot.gov/civilrights/program s/doj_fhwa_ta.cfm
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The other questions arent important? BUT: They are easier to
implement, or; Many agencies already have some or most of them, or;
It is questionable to what extent we (FHWA and FDOT) have
enforcement jurisdiction. Lets go through them one by one !
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Question 4 Who is/are your Nondiscrimination Coordinators?
Regulations require easy access Highway regs require coordinators
be identified by name, not just title Again, the Coordinator need
not be an expert, just a responsible person who can tap various
programs for information
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Question 5 Using the check boxes, indicate how your agency
advises the public of nondiscrimination policies/procedures? In
short, we are looking for at least two methods preferably one
electronic, one traditional, though there is no specific
requirement or method.
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Question 6 Limited English Proficiency (LEP) requires a written
plan of reasonable steps to provide meaningful access to those who
do not speak English. Does not cover all documents Requires a four
factor analysis May result in your agency not having to provide LEP
services Notice that we dont ask to see your LEP Plan? Unless your
agency is selected for a program area review, this is a matter of
trust. You may consider developing a list of employees who speak
another language to help customers
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Question 7 As with LEP, the SCAT includes a question on
Environmental Justice. Does your agency take steps to avoid,
minimize or mitigate disproportionately high or adverse impacts to
minority and/or low income communities?
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Question 8 Similar to Question 7 a major tenet of Environmental
Justice is access to and collection of information from low income
and minority communities. The SCAT includes a drop down of the most
common ways you use to involve the public. However, you may do
others The sky is the limit the only wrong answer is a no
answer
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Question 9 Similar to Questions 7 and 8, this goes to EJ
compliance, but also to Title VI. 23 CFR 200.9(b)(4) requires
recipients to collect and review demographic data on those impacted
by its decisions. Almost all agencies use census data, but there
are others as well the most common are listed. In other words, how
do you know your communitys characteristics?
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Question 10 Including the Clauses of Appendix A from the
Nondiscrimination Agreement/Policy Statement in LAP contracts and
subcontracts, construction or professional services is required by
FDOT.
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Question 11 Inclusion of FHWA 1273: Physically incorporated in
construction contracts Regardless of Tier May not be altered May
not be incorporated by reference
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Question 12 Include DBE Assurance language from 49 CFR 26.13(b)
in professional services and contracts, regardless of tier. The May
2012 version of 1273 included the assurance language for
construction. However, professional services agreements still need
it! www.gpo.gov/fdsys/pkg/CFR-2011-title49-
vol1/pdf/CFR-2011-title49-vol1-sec26-13.pdf
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A note on the DBE Program for LAP FHWA does not approve
sub-recipient DBE goals or plans Generally speaking, FHWA only has
one Recipient FDOT. To the extent FDOT has a LAP program, its DBE
program governs This is politically unpopular with many local
agencies but FDOT and your Division do not have the authority to
grant exceptions
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Question 13
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Question 14
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Question 15
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Question 16
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If public transportation is provided in your jurisdiction, are
bus stops accessible to all riders, including those using
wheelchairs or other mobility aids? Approach to stop Access at stop
Boarding & alighting area (5x8 pad) Benches Shelters
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Question 17
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Finally, Question 18 Check why you are completing a SCAT
Usually it will be for certification, but we may ask you (even an
MPO) to do so as a foundation for a review. Now, upload it to
LAPIT, including any requested documents that were not available by
link
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What Happens to SCAT? Once its uploaded to LAPIT, the District
LAP Administrator will either perform or delegate a brief review,
focusing on the first three questions.
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Stop! Willful agency noncompliance or significant issues with
the primary questions Primary questions look good but SCAT is
incomplete or suggests a need for assistance. Good to go! The
Agency Appears to be in substantial compliance.
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RESOURCES Help is available and there are many fine resources
located on the LAP site You may request training, as well (note,
due to travel restrictions, we may need to double up with other
activities) You can ask your MPO... All Florida MPOs are CR experts
and have knowledgeable staff Read the very short, very simple CR
handbook for LAP.