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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 /> • <br /> 7 <br /> P49 <br />