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D. Use of Funds <br />The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for necessary and <br />reasonable costs allowable under federal law and regulations to operate said program only. Said amounts <br />shall include and will be limited to, street outreach, emergency shelter, homelessness prevention, rapid re- <br />housing assistance, housing relocation and stabilization services, short-term and medium-term rental <br />assistance, and Homeless Management Information Systems ("HMIS") data contribution as set forth in 24 <br />CFR § 576.101 - § 576.107. Allowable program costs are detailed in the Budget, as set forth in Exhibit B, <br />attached hereto and by this reference incorporated herein. The SUBRECIPIENT'S failure to perform as <br />required may, in addition to other remedies set forth in this AGREEMENT, result in readjustment of the <br />amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof. <br />The SUBRECIPIENT agrees that the homeless shelter/services under said program shall be available for <br />the entire period during which said funds are provided. <br />E. Condition of Funding <br />(1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may <br />result in a change in the current process utilized by the CITY to determine funding allocations. The <br />SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of <br />Federal, State or Local government funds, which are appropriated or allocated for the payment of such an <br />obligation. If funding levels are significantly affected by Federal budgeting or if funds are not allocated <br />and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT <br />may be terminated by the CITY at the end of the period for which funds are available. At the earliest <br />opportunity, the CITY shall notify the SUBRECIPIENT of any service which may be affected by a <br />shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the <br />CITY shall not be liable for any damages as a result of termination under this provision of this <br />AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of <br />appropriations authorized by law. <br />(2) The SUBRECIPIENT shall allow representatives of the CITY or HUD to inspect facilities which <br />are used in connection with the AGREEMENT or which implement programs funded under this <br />AGREEMENT. <br />F. Matching <br />The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an <br />amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY. Such <br />contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR § <br />576.201. The anticipated source and amount of all matching funds contributed by the SUBRECIPIENT <br />will be enumerated in Exhibit B, Final Budget. <br />G. Program Income <br />(1) Definition. Program income means, as provided by 24 CFR 8424 or 24 CFR 85.25, gross <br />income received by the SUBRECIPIENT directly generated by a grant supported activity, or earned only <br />as a result of the grant agreement during the grant period. For purposes of ESG, program income will also <br />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 purposes <br />for which said funds may be expended pursuant to the terms and conditions of this AGREEMENT. <br />(3) Counts toward Matching. Costs paid by program income may count toward meeting the <br />matching 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 <br />maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member <br />of the SUBRECIPIENT, in an account (the "Account") at a federally insured banking or savings and loan