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Failure to provide any of the required documentation and reporting will cause the CITY to <br />withhold all or a portion of a request for reimbursement until such documentation and reporting <br />has been received and approved by the CITY. <br />D. Use of Funds <br />The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for <br />necessary and reasonable costs allowable under federal law and regulations to operate said <br />program only. Said amounts shall include and will be limited to, street outreach, emergency <br />shelter, homelessness prevention, rapid re -housing assistance, housing relocation and stabilization <br />services, short-term and medium -term rental assistance, and Homeless Management Information <br />Systems ("HMIS") data contribution as set forth in 24 CFR 576.101 — § 576.107. Allowable <br />program costs are detailed in the Budget, as set forth in Exhibit B, attached hereto and by this <br />reference incorporated herein. The SUBRECIPIENT'S failure to perform as required may, in <br />addition to other remedies set forth in this AGREEMENT, result in readjustment of the amount of <br />funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof. <br />E. Condition of Funding <br />(1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding <br />may result in a change in the current process utilized by the CITY to determine funding <br />allocations. The SUBRECIPIENT 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 levels are significantly affected by <br />Federal budgeting or if funds are not allocated and available for the continuance of the function <br />performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CH'Y at the <br />end of the period for which funds are available. At the earliest opportunity, the CITY shall notify <br />the SUBRECIPIENT of any service which may be affected by a shortage of funds. No penalty <br />shall accrue to the CITY in the event this provision is exercised and the CITY 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 expend funds in excess of appropriations <br />authorized by law. <br />(2) The SUBRECIPIENT shall allow representatives of the CITY or HUD to inspect <br />facilities which are used in connection with the AGREEMENT or which implement programs <br />funded under this AGREEMENT. <br />F. Matching <br />The ESG-CV funds are exempt from the ESG match requirements, including 24 CFR 576.201. <br />G. Program Income <br />(1) Definition. Program income means, as provided by 2 CFR 200.1, gross income received <br />by .the SUBRECIPIENT directly generated by a grant supported activity, or earned only as a <br />result of the grant agreement during the grant period. For purposes of ESG-CV, program income <br />will also include any amount of a 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 <br />purposes for which said funds may be expended pursuant to the terms and conditions of this <br />AGREEMENT. <br />