Item 08 - Appropriation Adjustment for Emergency Housing Voucher Service Fees

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E.Condition of Funding (!) The AUTHORITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the AUTHORITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the AUTHORITY is contingent upon the availability of Federal, State or Local govermnent funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by Federal budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the AUTHORITY at the end of the period for which funds are available. At the earliest opportunity, the AUTHORITY shall notify the SUBRECIPIENT of any service which may be affected by a shortage of funds. No penalty shall accrue to the AUTHORITY in the event this provision is exercised and the AUTHORITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the AUTHORITY to expend funds in excess of appropriations authorized by law. (2)The SUB RECIPIENT shall allow representatives of the AUTHORITY or HUD to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT. F.Reserved. G.Program Income (1)Definition. Program income means, as provided by 2 CFR 200.80, gross income received by the SUBRECIPIENT directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. For purposes of EHV Services Fees, program income will also include any amount of a security or utility deposit returned to the SUBRECIPIENT. (2)Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this AGREEMENT. H.Separation of Accounts All funds received by the SUBRECIPIENT from the AUTHORITY pursuant to this AGREEMENT shall be maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the "Account") at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hereW1der. All disburseme nts from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be snpported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The AUTHORITY may withhold payment allocation requests if the SUBRE CIPIENT fails to comply with the above requirements until such compliance is demonstrated. Page4 EXHIBIT 2