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as a result of the grant agreement during the grant period. For purposes of ESG-CV, Program <br />income will also include any amount of a security or utility deposit returned to the <br />SUBRECIPIENT. <br />(2) Use, The SUBRECIPIENT shall use all income received from said funds only for the same <br />purposes for which said funds may be expended pursuant to the terms and conditions of this <br />AGREEMENT. . <br />H. SeparationofAccounts <br />All finds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be <br />maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or <br />member of the SUBRECIPIENT, bi an account (the "Account") at a federally insured banking or <br />savings and loan institution with record keeping of such Accounts maintained pursuant to applicable <br />legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is <br />consistent with generally accepted accounting principles. No monies shall be withdrawn from the <br />Account except for expenditures relating to essential services, homeless prevention, and/or <br />operations costs, as authorized hereunder. Ali disbursements from the Account shall be for <br />obligations incurred in the performance of this AGREEMENT and shall be supported by <br />contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such <br />expenditure, The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to <br />comply with the above requirements until such compliance is demonstrated. <br />I. Expenditure of Funds <br />Much like how HUD requires the CITY, pursuant to 24 CFR 576,203, to expend all of the grant <br />funds for eligible activity costs within 24 months after the date that HUA signs the grant <br />agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant <br />funds for eligible activity costs within the designated period. All funds awarded to the City <br />through the first and second allocations of ESG-CV finds must be expended for eligible activity <br />costs by September 30, 2022. To ensure that ESG-CV funds are spent quickly on eligible <br />activities to address the public health and economic crises caused by coronavnrus, (i) HUD may <br />recapture up to 20 percent of a recipient's total award, including first and second allocation <br />amounts, if the recipient has not expended at least 20 percent of that award by September 30, <br />2021. (ii) HUD may recapture up to 80 percent of a recipient's total award, including fast and <br />second allocation amounts if the recipient has not expended at least 80 percent of that award by <br />March 31, 2022. For the purposes of this paragraph, expenditure means either an actual cash <br />disbursement for a direct charge for a good/service or an indirect cost, or the accrual of a direct <br />charge for a good/service or an indirect cost. Failure to expend said funds within said timeframe <br />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 funds <br />provided through this AGREEMENT to pay for meals for persons other than those identified as <br />homeless or at risk of homelessness. Said funds shall not be used for entertainment purposes or for <br />gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct, <br />rather, fund use will remain in compliance with all applicable federal, state, slid local laws, including <br />applicable laws not outlined in this AGREEMENT. <br />