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Subrecipient shall be reimbursed for the actual project costs incurred, up to the total reimbursement <br />amount defined above as long as grant funds remain available. Accounting procedures must <br />provide for accurate and timely recording of receipt of funds by source, expenditures made from <br />such funds, and of unexpended balances. Controls must be established which are adequate to <br />ensure that expenditures are for allowable purposes and that documentation is readily available to <br />verify that such charges are accurate. The burden of proof lies with the subrecipient to provide clear <br />information as to the expense and form of payment. <br />8.6 Cost Overruns. Cost overruns are the responsibility of Subrecipient and must be borne by <br />Subrecipient. <br />8.7 Overpayment. In the event that the aggregate amount of MLE's interim progress payments to the <br />Subrecipient exceeds the allowable reimbursable costs of the Subrecipient for the Project, the <br />Subrecipient agrees to refund to MLE the amount paid in excess of such allowable expenses within <br />thirty (30) days of September 30, 2024. <br />8.8 Offset or Reduction. The Subrecipient agrees that payment(s) made by MLE under this <br />Agreement shall be subject to offset or reduction for any amounts previously paid hereunder that <br />are found by MLE not to constitute allowable costs under this Agreement based on the results of <br />an audit examination. If such disallowed amount exceeds the payment(s), the Subrecipient shall <br />pay MLE the amount of such excess within 30 days after written notice of disallowed costs is <br />provided by MLE. <br />8.8.1 Entertainment Costs. In accordance with 2 CFR 200, the cost of amusement, diversion, social <br />activities, ceremonials, and costs relating thereto, such as meals, lodging, rentals, transportation, <br />gratuities, and alcoholic beverages are not allowable expenses. <br />8.8.2 Prior Costs. MLE will not reimburse Subrecipient for any costs incurred prior to the duly executed <br />and delivery of this document. <br />SECTION 9: REPRESENTATIONS AND WARRANTIES <br />Subrecipient represents and warrants to MLE that: <br />9.1 Subrecipient is a law enforcement agency, duly organized and validly existing. Subrecipient has <br />the power and authority to enter into and perform this Agreement. <br />9.2 The making and performance by Subrecipient of this Agreement (a) have been duly authorized by <br />Subrecipient, (b) do not and will not violate any provision of any applicable law, rule, regulation, or <br />order of any court, regulatory commission, board, or other administrative agency or any provision <br />of Subrecipient's charter or other organizational document and (c) do not and will not result in the <br />breach of, or constitute a default or require any consent under any other agreement or instrument <br />to which Subrecipient is party or by which Subrecipient maybe bound or affected. No authorization, <br />consent, license, approval of, or filing or registration with or notification to any governmental body <br />or regulatory or supervisory authority is required for the execution, delivery, or performance by <br />Subrecipient of this Agreement, other than those that have already been obtained. <br />9.3 This Agreement has been duly executed and delivered by Subrecipient and constitutes a legal, <br />MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant) Page 9 of 33 <br />