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Exhibit B <br /> Certificate of Bidder/Contractor <br /> Employee Drug Testing Program <br /> ORS 279.312(2) <br /> BIDDER'S NAME: <br /> ORS 279.312(2) provides that every public improvement contract contain a condition that the contractor shall <br /> demonstrate that an employee drug testing program is in place. The City's award of the contrad (the "Contract's for <br /> <br /> which this certificate is required is conditioned, in part, upon the bidders demonstration of compliance with the <br /> provisions of ORS 279.312. If the bidder named above (the "Bidder'? is awarded the Contract, this certificate shall <br /> become a part of, and shall constitute a continuing representation and warranty under, the Contract. <br /> <br /> To induce the City of Eugene to award the Contract to the Bidder, the undersigned, as the duly authorized <br /> representative of the Bidder, hereby represents and warrants, on behalf of the Bidder: <br /> 1) That Bidder has and enforces, and at all times during the term of the Contract will have and enforce, a <br /> written employee drug testing policy that, at a minimum: <br /> a) Requires pre-employment drug testing; <br /> b) Requires drug testing of an employee when the Bidder has reasonable cause to believe the employee is <br /> under the influence of dnigs; <br /> c) Requires compliance with the Oregon Department of Transportation Commercial Drivers License drug <br /> testing regulations. <br /> 2) A copy of the Bidder's current written employee drug testing policy will be available for inspection by the <br /> City at any time upon the City's request. <br /> 3) The Bidder understands and agrees that its representations and warranties herein will become a continuing <br /> part of the Contract and that breach of any of the foregoing will be sufficient grounds for disqualification under <br /> ORS 279.037(2)(d). <br /> The City of Eugene shall not be liable, either directly or indirectly, in any dispute arising out of the substance or <br /> procedure of Contractor's drug testing program. Nothing in this drug testing provision shall be construed as requiring <br /> Contractor to violate any legal, including constitutional, rights or any employee, including but not limited to, selection <br /> of which employees to test and the manner of such testing. The City shall not be liable for Contractors negligence in <br /> establishing or implementing, failure to establish or implement a drug testing policy, or for any damage or injury <br /> caused by Contractors employees acting under the influence of drugs while performing work covered by this <br /> contract. These are Bidder/Contractors sole responsibilities. <br /> In Witness Whereof, the Bidder has caused this document to be executed by its duly authorized representative on <br /> <br /> the date shown below. <br /> Signature: <br /> Printed Name: <br /> <br /> Title: <br /> Date: <br /> Employee Drug Testing Program -Page 1 <br /> (Revised June 2000) <br /> <br />