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(1) Any payment that should not have been made or that was made in an incorrect <br />amount (including overpayments and underpayments) under statutory, contractual, administrative, or <br />other legally applicable requirements; and, <br />(2) Any payment to an ineligible party, any payment for an ineligible good or service, <br />any duplicate payment, any payment for a good or service not received (except for such payments where <br />authorized by law), any payment that does not account for credit for applicable discounts, and any <br />payment where insufficient or lack of documentation prevents a reviewer from discerning whether a <br />payment was proper. <br />F. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as <br />applicable, section 216.181(16), Florida Statues. All advances are required to be held in an interest- <br />-bearing account. If an advance payment is requested, the budget data on which the request is based and <br />a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify <br />the amount of advance payment needed and provide an explanation of the necessity for and proposed <br />use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior <br />to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be <br />made on a reimbursement basis as needed. <br />G. If the necessary funds are not available to fund this Agreement as a result of action <br />by the United States Congress, the federal Office of Management and Budgeting, the State Chief <br />Financial Officer or under subparagraph (9)B. of this Agreement, all obligations on the part of the Division <br />to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout <br />report within thirty days of receiving notice from the Division. <br />10. REPAYMENTS <br />A. All refunds or repayments due to the Division under this Agreement are to be made <br />payable to the order of "Division of Emergency Management", and mailed directly to the following <br />address: <br />Division of Emergency Management <br />Cashier <br />2555 Shumard Oak Boulevard <br />Tallahassee FL_32399-2100 <br />-B. In accordance with Section 215.34(2), Florid Statutes, if a check or other draft is <br />returned to the Division for collection, Sub -Recipient shall pay the Division -a service fee of $15.00 or 5% <br />of the face amount of the returned check or draft, whichever is greater. <br />11. PROCUREMENT <br />A. The Sub -Recipient shall ensure that any procurement involving funds authorized by <br />the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. <br />7 <br />