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A. CITY, through the City Manager, without further action by the City Council <br />(hereinafter referred to as "Council") and SUBRECIPIENT may by mutual agreement amend this <br />AGREEMENT and/or incorporated SUBRECIPIENT SCOPE OF SERVICES, at any time, up to <br />45 (forty-five) days prior to AGREEMENT expiration, provided that the proposed action is (1) not <br />a Substantial Amendment as defined by Section II.H of this AGREEMENT (2) makes specific <br />reference to this AGREEMENT, (3) is executed in writing and signed by a duly authorized <br />representative of the SUBRECIPIENT's organization. SUBRECIPIENT's written request to <br />amend must include a revised budget for funds being extended, if that scope of work is different in <br />scope from the originally agreed upon SUBRECIPIENT SCOPE OF SERVICES. SUBRECIPIENT <br />must also comply with the original thresholds and milestones outlined in Section VIII.C. herein. <br />Any proposed amendment to this AGREEMENT shall be submitted to the City Manager, and <br />approved by the City Manager prior to commencement of any activity covered by said amendment. <br />B. SUBRECIPIENT agrees that CITY may, at its sole discretion, amend this <br />AGREEMENT to conform with federal, state or local governmental guidelines, policies and <br />available funding amounts. <br />C. If any amendment results in a change in the funding amount, SUBRECIPIENT <br />SCOPE OF SERVICES, threshold and milestone dates or schedule of activities to be undertaken as <br />part of this AGREEMENT, such modifications will be incorporated only by written amendment <br />executed by City Manager and SUBRECIPIENT. <br />VI. PAYMENTS <br />A. AGREEMENT Amount <br />It is expressly agreed and understood that the total amount to be paid by <br />CITY under this AGREEMENT shall not exceed $ Funding Amount specified in <br />SUBRECIPIENT's BUDGET (Exhibit B). Reimbursement for the payment of eligible project <br />expenses shall be made in accordance with the line items specified in Exhibit B of <br />SUBRECIPIENT's BUDGET. <br />B. Funds from CITY to SUBRECIPIENT shall be disbursed subsequent to availability <br />of funds from HUD to CITY. SUBRECIPIENT acknowledges that HUD funds are not meant to <br />replace or supplant other sources of funding. <br />C. Funds shall not be disbursed for any costs incurred prior to the certification by <br />CITY and/or HUD of Certificate(s) of Insurance, as further defined in Section VII and Section XII <br />of this AGREEMENT. <br />Page 5 of 26 <br />20C-10 <br />