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5/05 2. As an employee working in conjunction with a federally funded program, the em- ployees of SUBRECIPIENT will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United States Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. 5. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. X. Expenditure of Funds: SUBRECIPIENT must spend all of its grant amount within 24 months of the grant award (24 CFR 576.35). Any funds not obligated within said timeframe shall be reallocated. II. CITY'S OBLIGATIONS A. CITY shall pay to SUBRECIPIENT from funds received under the ESG when, if and to the extent received from HUD, amounts expended by SUBRECIPIENT in carrying out said program pursuant to this Agreement up to a maximum aggregate amount of Sixty Thousand Dol- lars ($60,000) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of quarterly invoices (on or before the 15th day of October, January, April and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices within thirty (30) days after receipt thereof, provided CITY is satisfied that such expenses have been incurred within the scope of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Costs incurred prior to the effective date of this Agreement, accrued as of the first day of July 1, for purposes identified herein will be allowable for reimbursement upon presentation of evidence of and invoices for such expenditures. B. Audit: CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all funds pursuant to the Code of Federal Regulations and other applica- ble federal laws and regulations. C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant 16