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Certificate of Bidder/Contractor <br /> <br /> ' Employee Drug Testing Program <br /> ORS 279.312(2) <br /> BIDDER'S NAME: Aspen Springs Co. <br /> ORS 279.312(2) provides that every public improvement contract contain a condition that the contractor <br /> shall demonstrate that an employee drug testing program is in place. The City's award of the contract (the <br /> "Contract") for which this certificate is required is conditioned, in part, upon the bidder's demonstration of <br /> compliance with the provisions of ORS 279.312. If the bidder named above (the "Bidder") is awarded the <br /> Contract, this certificate shall become a part of, and shall constitute a continuing representation and warranty <br /> und~T, the Contract. <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 <br /> employee is under the influence of drugs; <br /> c) Requires compliance with the Oregon Department of Transportation Commercial Drivers License <br /> ~r drug testing regulations. <br /> 2) A copy of the Bidder's current written employee drug testing policy will be available for inspection by <br /> the 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 <br /> continuing part of the Contract and that breach of any of the foregoing will be sufficient grounds for <br /> disqualification under ORS 279.037(2)(d). <br /> I The City of Eugene shall not be liable, either directly or indirectly, in any dispute arising out of the substance <br /> or procedure of Contractor's drug testing program. Nothing in this drug testing provision shall be construed as <br /> requiring Contractor to violate any legal, including constitutional, rights or any employee, including but not <br /> limited to, selection of which employees to test and the manner of such testing. The City shall not be liable for <br /> Contractor's negligence in establishing or implementing, failure to establish or implement a drug testing policy, <br /> or for any damage or injury caused by Contractor's employees acting under the influence of drugs while <br /> performing work covered by this contract. These are Bidder/Contractor's sole responsibilities. <br /> In Witness Whereof, the Bidder has caused this document to be executed by its duly authorized <br /> representative on trhe date shown~below. <br /> Signature: ~~~2~rYZl~oJ G • . <br /> Thomas E. Burg <br /> Printed Name; Title: President <br /> Date: July 29, 2004 <br /> <br />