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Area Homeland Security Strategies as well as the investments identified in the Investment <br />Justifications which were submitted as part of the California FY2009 Homeland Security Grant <br />Program application. Further, use of FY09 funds is limited to those investments included in the <br />California FY09 Investment Justifications submitted to DIiS/FEMA/Cal EMA and evaluated <br />through the peer review process. <br />43. Will not make any award or permit any award (subgrant or contract) to any party which is <br />debarred or suspended or is otherwise excluded from or ineligible for participation in Federal <br />assistance programs under Executive Order 12549 and 12689. "Debarment and Suspension". <br />44. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR <br />Part 17, for prospective participants in primary covered transactions. <br />a. The applicant certifies that it and its principals: <br />i. Are not presently debarred, suspended, proposed for debarment, declared <br />ineligible, sentenced to a denial of Federal benefits by a State or Federal court. or <br />voluntarily excluded from covered transactions by any Federal department or <br />agency. <br />ii. Have not within a three-year period preceding this application been convicted of <br />or had a civil judgment rendered against them for commission of fraud or a <br />criminal offense in connection with obtaining, attempting to obtain, or performing <br />a public (Federal, State. or local) transaction or contract under a public <br />transaction: violation of Federal or State antitrust statutes or commission of <br />embezzlement. theft, forgery, bribery. falsification or destruction of records, <br />making false statements, or receiving stolen property. <br />iii. Are not presently indicted for or otherwise criminally or civilly charged by a <br />governmental entity (Federal, State, or local) with commission of any of the <br />offenses enumerated in paragraph ( I )(b) of this certification: and have not within <br />a three-year period preceding this application had one or more public transactions <br />(Federal, State, or local) terminated for cause or default, and <br />b. Where the applicant is unable to certify to any ofthe statements in this certification, he or <br />she shall attach an explanation to this application. <br />45. Agrees to comply with the Drug-Free Workplace Act of 1988, and certifies that it will or will <br />continue to provide a drug-free workplace by: <br />a. Publishing a statement notifying employees that the unlawful manufacture, distribution, <br />dispensing, possession, or use of a controlled substance is prohibited in the grantee's <br />workplace and specifying the actions that will be taken against employees for violation of <br />such prohibition. <br />b. Establishing an on-going drug-free awareness program to inform employees about: <br />i. The dangers of drug abuse in the workplace: <br />ii. The grantee's policy of maintaining a drug-free workplace: <br />iii. Any available drug counseling, rehabilitation, and employee assistance programs: <br />and <br />iv. The penalties that may be imposed upon employees for drug abuse violations <br />occurring in the workplace. <br />C. Making it a requirement that each employee to be engaged in the performance of the <br />grant be given a copy of the statement required by paragraph (a). <br />Page 7 Initials