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8/04 <br />following drug -free workplace policy <br />1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled <br />substance is prohibited in the workplace for any employee involved in a federally funded program. <br />2. As an employee working in conjunction with a federally funded program, the <br />employees of SUBRECIPIENT will be required to: <br />a) Abide by the terms above in statement 1. <br />b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any <br />criminal drug statute conviction for a violation occurring in the workplace not later than five <br />days after such conviction. <br />3. The United State Department of Housing and Urban Development will be notified <br />within ten days after receiving notice of any such violation. <br />4. Within 30 days of receiving such notice, appropriate personnel action will be <br />taken against such employee, up to and including termination. <br />Each such employee shall be required to participate satisfactorily in a drug abuse assistance or <br />rehabilitation program approved for such purposes by a federal, state or local health, law <br />enforcement, or other appropriate agency. <br />II. CITY'S OBLIGATIONS <br />A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall <br />pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for <br />CITY's CDBG program year amounts expended by SUBRECIPIENT in carrying out said program <br />for fiscal year 2004-2005 pursuant to this Agreement up to a maximum aggregate payment of Five <br />Thousand Dollars ($5,000 ) in installments determined by CITY. Payments shall be made to <br />SU13RECIPIENT through the submission of invoices on a quarterly basis (October, January, April <br />and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices <br />within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been <br />incurred and documented within the scope and provisions of this Agreement and that <br />SUBRECIPIENT is in compliance with the terms and conditions of this Agreement, and in <br />compliance with Title X and the LBP Regs. <br />B. Audit of Account. CITY shall include an audit of the account maintained by <br />SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of <br />the Code of Federal Regulations and other applicable federal laws and regulations. <br />C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day <br />operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of <br />the grant program requirements and monitors grants and subgrant supported activities to assure <br />15 <br />