SAN FRANCISCO, CITY AND COUNTY FY2012 UASI GRANT 13-1110C

were not approved by a written amendment to this Agreement having been lawfully executed by San Francisco. (c) San Francisco and its employees and officers, and the UASI Management Team and its personnel, are not authorized to offer or promise to PLEASANTON additional funding for this Agreement that would exceed the maximum amount of funding provided for herein. Additional funding for this Agreement in excess of the maximum provided herein shall require lawful approval and certification by the Controller. San Francisco is not required to honor any offered or promised additional funding that exceeds the maximum provided in this Agreement that requires lawful approval and certification of the Controller when the lawful approval and certification by the Controller has not been obtained. (d) The Controller is not authorized to make payments on any agreement for which funds have not been certified as available in the budget or by supplemental appropriation. 2.3 SUPERSEDURE OF CONFLICTING PROVISIONS. IN THE EVENT OF ANY CONFLICT BETWEEN ANY OF THE PROVISIONS OF THIS ARTICLE 2 AND ANY OTHER PROVISION OF THIS AGREEMENT, THE APPLICATION DOCUMENTS OR ANY OTHER DOCUMENT OR COMMUNICATION RELATING TO THIS AGREEMENT, THE TERMS OF THIS ARTICLE 2 SHALL GOVERN. ARTICLE 3 PERFORMANCE OF THE AGREEMENT 3.1 Duration of Term. The term of this Agreement shall commence on APRIL 1, 2013 and shall end at 11:59 p.m. San Francisco time on JANUARY 31, 2014. 3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder exceed SIXTY-FIVE THOUSAND DOLLARS ($65,000). The City will not automatically transfer Grant Funds to PLEASANTON upon execution of this Agreement. PLEASANTON must submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI Management Team and City, before the City will disburse Grant Funds to PLEASANTON. 3.3 Use of Funds. (a) General Requirements. PLEASANTON shall use the Grant Funds received under this Agreement for the purposes and in the amounts set forth in the Grant Plan. PLEASANTON shall not use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory proceedings, or to sue the federal government or any other government entity. PLEASANTON shall not permit any federal employee to receive Grant Funds. (b) Modification of Grant Plan. Under Sections 1.1(f) and 10.2 of this Agreement, PLEASANTON may submit a written request to modify the Grant Plan. PLEASANTON shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for modification until (1)the General Manager or designee has provided written approval for the request and (2)the parties have finally executed a modification of this Agreement under Section 10.2, to reflect the modified Grant Plan. In addition, if the modification request requires approval from the Approval Authority and/or CaIEMA, as determined by the General Manager, PLEASANTON shall not appropriate, encumber or expend any additional or FY 12 UASI —PLEASANTON Page 4 of 22 April 1, 2013