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FY 2011 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of <br />funds under this grant will be in accordance with the Allocations, and use of grant funding must support <br />the goals and objectives included in the state and /or Urban Area Homeland Security Strategies as well as <br />the investments identified in the Investment Justifications which were submitted as part of the California <br />FY 2011 Homeland Security Grant Program application. Further, use of FY 2011 funds is limited to <br />those investments included in the California FY 2011 Investment Justifications submitted to DHS/FEMA <br />and Cal EMA and evaluated through the peer review process. <br />55. Will not make any award or permit any award (subgrant or contract) to any party that is debarred or <br />suspended or is otherwise excluded from or ineligible for participation in federal assistance programs <br />under EOs 12549 and 12689, "Debarment and Suspension ". <br />56. As required by EO 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for <br />prospective participants in primary covered transactions, the applicant certifies that it and its principals: <br />a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to <br />a denial of federal benefits by a state or federal court, or voluntarily excluded from covered <br />transactions by any federal department or agency. <br />b. Have not within a three -year period preceding this application been convicted of or had a civil <br />judgment rendered against them for commission of fraud or a criminal offense in connection with <br />obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or <br />contract under a public transaction; violation of federal or state antitrust statutes or commission of <br />embezzlement, theft, forgery, bribery, falsification or destruction of records, making false <br />statements, or receiving stolen property. <br />C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity <br />(federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of <br />this certification; and have not within a three -year period preceding this application had one or <br />more public transactions (federal, state, or local) terminated for cause or default; and where the <br />applicant is unable to certify to any of the statements in this certification, lie or she shall attach an <br />explanation to this application. <br />57. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will continue to <br />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 workplace <br />and specifying the actions that will be taken against employees for violation of such prohibition. <br />b. Establishing an ongoing drug -free awareness program to inform employees about: <br />L 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; and <br />iv. The penalties that may be imposed upon employees for drug abuse violations occurring <br />in the workplace. <br />c. Making it a requirement that each employee engaged in the performance of the grant be given a <br />copy of the statement required by paragraph (a). <br />d. Notifying the employee in the statement required by paragraph (a) that, as a condition of <br />employment under the grant, the employee will: <br />L Abide by the terns of the statement; and <br />ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug <br />statute occurring in the workplace no later than Five calendar days after such conviction. <br />Page - Initials <br />