Current through Reg. 50, No. 187; September 24, 2024
The following constitutes procedures for administration of
program grants:
(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) 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) Payment Basis.
Grantees shall be paid program funds by the Department subject to the following
conditions:
(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.
(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.
(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)
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) 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)
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) Development Projects. The following
constitute the specific procedures for administration of development projects.
(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.
(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.
(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.
(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.
(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.
(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.
New 5-1-01.
