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agreement during the grant period. For purposes of ESG, program income will also include any amount of a <br />security or utility deposit returned to the SUBRECIPIENT, <br />(2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for <br />which said funds may be expended pursuant to the terms and conditions of this AGREEMENT. <br />(3) Courts toward Matching. Costs paid by program income may count toward meeting the matching <br />requirements, provided the costs are eligible ESG costs that supplement the program. <br />H. Separation of Accounts <br />All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained <br />separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the <br />SUBRECIPIENT, in an account (the "Account') at a federally insured banking or savings and loan institution with <br />record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall <br />keep all records of the Account in a manner that is consistent with generally accepted accounting principles. No <br />monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless <br />prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for <br />obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, <br />vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold <br />payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such <br />compliance is demonstrated. <br />I. Expenditure of Funds <br />Mitch like how HUD requires the CITY, pursuant to 24 CFR 576.203, to expend all of the grant funds for eligible <br />activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a <br />requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the <br />aforementioned period. For the purposes of this paragraph, expenditure means either an actual cash disbursement <br />for a direct charge for a good/service or an indirect cost, or the accrual of a direct charge for a good/service or an <br />indirect cost. Failure to expend said funds within said timeframe can result in a reallocation of funds. <br />J. Prohibited Use <br />(1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use fimds provided through this <br />AGREEMENT to pay for meals for persons other than those identified as homeless or at risk of homelessness. Said <br />funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said <br />funds for illegal or dishonest conduct, rather, fund use will remain in compliance with all applicable federal, state, and <br />local laws, including applicable laws not outlined in this AGREEMENT. <br />(2) Lobbying. The SUBRECIPIENT certifies and agrees that it will comply with federal law (31 U.S.C. 1352) <br />and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient <br />of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to <br />influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of <br />Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into <br />any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, <br />loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in <br />Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed <br />certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any <br />obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terms and conditions of <br />this AGREEMENT. If any funds other than Federal appropriated funds have been paid or will be paid to any person <br />for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or <br />employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, <br />or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in <br />accordance with its instructions (see Exhibit D). <br />