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program costs are detailed In the Budget, as set forth in Rxtrlbit I;, attached hereto snit by this <br />reference incorporated herchn. The SU13RRCIpIWf'S failure to perform as required may, in <br />addition to other remedies set forth in this AG1td;BiMF.rNT, result in readjustment of the amount of <br />funds the CITY is otherwise obligated to pay to rite SUMECIPIBNT" pursuant w cite terms hereof. <br />E, C".puditicnst t3i <br />(1) The MY advises the SUBRECIPTENT that a signifientit change in entitlement funding <br />niny result in a change in the current process utilized by the CITY to determine funding <br />allocations, The SUBUCIPIONT Acknowledges that the obligation of the CITY is contingent <br />upon the availability of Federal, State or Local government funds, which are appropriated or <br />allocated for the payment of such an obligation. If funding levols are significantly affected by <br />Prderal budgeting or -if funds are not allocated and available for the centintnance of the fimction <br />performed by the SUBRECIPllmr, this AGREEMENT may be terminated by the CITY at the <br />And of the period for which funds are available. At the earliest opportunity, the CITY shall notify <br />the SUBRECIPTENT of any service which may be affected by a slsnrtage of funds. No penalty <br />shall accrue to the CrrY in the event this provision is exercised and the Ct"I"Y shall not be, liable <br />for any damages as a result of termination under this provision of this AGREEMENT. Nothing <br />herein shall be construed as obligating the CITY to expand fnnnds In excess of appropriations <br />authorized by law, <br />(2) The SUBRECIPIBNT shall allow <br />facilities which are used in connection with <br />funded under this ACRFXMFNT. <br />F, Ma it g <br />reinuentatives of the CITY or IRM to inspect <br />the AGREEMENT or which implement programs <br />The ESG-CV funds are exempt from the ESO match requirements, including 24 CF'Ii § 576.201. <br />G. Pt�m limiLie <br />(1) Dolinitlon. Program income means, as provided by 2 CFR 200,80, gross Income <br />received by the SUBREOPiENT directly generated by a grant aapported activity, or earned only <br />as a result of the grant agreement during the grant period. For purposes of ESO-CV progrann <br />income will also include any amount of a security or utility deposit returned to the <br />SUBUCIPIENT. <br />(2) Use. The SUBRECiPrW"r shalt use all income received from said funds only for the same <br />purposes for which said finnds may be expended pursuant to the terms and conditions of this <br />ACIREEMENT. <br />I3, 5gparationofAccounts <br />All funds received by the SUI3 UMPIEN'r from the CITY pursuant to this AOREBMENT shall be <br />maintained separate and apart from any Other fiends of flee SUBRE3ClplP,NT, or of any principal or <br />member of the, SUBREiCiPIENT, in an account (the "Account") at a federally Insured baatl:hng or <br />savings and loan instfttrtion with record keeping of such Accounts maintained pursuant to applicable <br />legal requirements. The SUBRECiPIENT shall keep all records of the Account in a mantra that is <br />consistent with generally accepted accounting principles. No turn es shall ba witI drawtt Ito -a the <br />Account except for expenditures relating to essential servicce, homeless prevention, and/or <br />