The following constitutes procedures for administration of program grants:

1. (1) Project Agreement. Following FHWA approval of Department submitted applications, the Department and grantee shall enter into a project agreement which sets forth the responsibilities and duties of each regarding administration of the approved project. The project agreement shall contain terms and conditions particular to each project.
2. (2) PD&E Process. All approved projects are required by FHWA to complete the PD&E Process. This is accomplished by the applicant’s submittal of the PD&E Data Survey, OGT-15, effective date May 1, 2001, hereby incorporated by reference and available from the Department’s Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station 795, Tallahassee, Florida 32399-3000, (850)488-3701. Upon final Class of Action Determination and Department approval of the commencement documentation, the Department shall notify the grantee to proceed with project construction. Grantee may not proceed without such notification.

3. (3) Payment Basis. Grantees shall be paid program funds by the Department subject to the following conditions:

   1. (a) Project Costs. Payment of project costs shall be reimbursed as provided for in this rule and in the project agreement. Costs must be incurred between the effective date of, and the project completion date identified in, the project agreement except for pre-agreement costs. Costs for surveys (boundary and topographic), title searches, and project signs are eligible project expenses. If the total cost of the project exceeds the grant amount and the required match, the grantee shall pay the excess cost.
   2. (b) Cost Limits. Project planning expenses, such as application preparation, architectural and engineering fees, permitting fees, project inspection, and other similar fees are eligible project costs provided that such costs do not exceed fifteen percent of the total project cost.
   3. (c) Retention. The Department shall retain ten percent of the grant until the grantee completes the project and the Department approves the completion documentation as set forth in subsection 62S-2.075(5), F.A.C.
4. (4) Accountability. Each grantee shall maintain an accounting system which meets generally accepted accounting principles and shall maintain financial records to properly account for all program and matching funds.
5. (5) Project Completion Certification. When the Project is completed, the grantee shall submit to the Department a Project Completion Certificate, OGT-14, effective date May 1, 2001, hereby incorporated by reference and available from the Department’s Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station #795, Tallahassee, Florida 32399-3000, (850)488-3701.
6. (6) Reverted Project Funds. RTP funds remaining after termination of a grant award or completion of project shall revert to the State’s program funds under the provisions of TEA-21. If any funds awarded during a funding cycle are not accepted by the grantee or become available before termination of the fiscal year for which the funds were appropriated, the Department shall offer the funds to unfunded applicants in order of priority.

7. (7) Development Projects. The following constitute the specific procedures for administration of development projects.

   1. (a) Grant Period. The grantee will have two years from the effective date of the project agreement to complete the project. At the written request of the grantee, Department staff will extend this period for good cause such as financial hardship, public controversy, material shortage, unexpected weather conditions, or other major factors beyond grantee’s control. Only two one-year extensions shall be allowed. After four years all funds not paid revert to FHWA.
   2. (b) Procurement of Goods and Services. The grantee shall secure all goods and services for accomplishment of the project according to its adopted procurement procedures and applicable federal requirements identified in the FHWA Recreational Trails Guidance manual.
   3. (c) Project Development & Environment Process. The grantee shall provide all information and appropriate documentation as required by OGT-15, referenced in subsection (2) of this section. The Department shall complete the process on the grantee’s behalf.

   4. (d) Commencement Documentation. Prior to commencement of project construction, the grantee shall submit for approval the documentation described in the Recreational Trails Program Project Commencement Documentation Form, OGT-11, effective date May 1, 2001, hereby incorporated by reference and available from the Department’s Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station #795, Tallahassee, Florida 32399-3000, (850)488-3701.

      1. Project Preconstruction Certification. The grantee shall submit to the Department a Project Preconstruction Certificate, OGT-12, effective date May 1, 2001, hereby incorporated by reference and available from the Department’s Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station #795, Tallahassee, Florida 32399-3000, (850)488-3701.

      2. Survey. For all projects, the grantee shall submit to the Department a survey and legal description of the project site. The survey must provide a legal description, and show the site’s boundaries, all known easements, and all encroachments, if any.

      3. Commencement Documentation Time Period. The Department shall terminate the project agreement if the Commencement Documentation is not received and approved by the Department within twelve months of the project agreement’s execution. This time period may be extended by the Department for good cause, such as natural disaster.

   5. (e) Completion Documentation. Upon completion of the project and prior to release of the final payment, the grantee shall submit all documentation described in the Recreational Trails Program Project Completion Documentation Form, OGT-13, effective date May 1, 2001, incorporated by reference and available from Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station #795, Tallahassee, Florida 32399-3000, (850)488-3701.
   6. (f) Inspections. The Department shall perform an on-site inspection of the project site to ensure compliance with the project agreement prior to release of the final grant payment. Any deficiencies must be corrected by Grantee prior to disbursement of final payment.

Rulemaking Authority 260.016(1)(h) FS. Law Implemented 260.016(1)(d), (f), (h), (2)(a)2. FS. History–New 5-1-01.