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`~ <br />,~ <br />`` ~ Certificate of Bidder/Contractor <br />. ,-Employee Drug Testing Program " - <br />" ORS 279C.505(2) _ .. <br />.BIDDER'S NAME: ~ zo-Z2 ~ •~-G <br />ORS 279C.505(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 279C.505. ~_If the bidder named above (the "Bidder") is awarded the <br />" Contract,.this certificate shall become apart of, and shall constitute, a continuing representation and warranty . <br />under,,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 $idder has and enforces, and at all times during the~term of the Contract will, have and enforce, a <br />Fu 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 />-. ~ <br />_ c)" Requires compliance with the Oregon Department of Transportation Commercial Drivers License <br />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/Contractor understands and agrees that its representations and warranties herein will become <br />a continuing part of the Contract and that breach of any of the foregoing will be sufficient grounds for . <br />:~ disbarment under ORS' 279C.130: ~ ~ .. <br />' 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 inestablishing-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 •Wliereof, the 'Bidder .has caused, this document to be executed by ;its duly authorized <br />~. ~ .representative. on he date shown.below. ~ ~ - <br />Si afore: '!2~•'~~-~`~6~----_' <br />~ p <br />Printed Name; Title:.. ~+'-~~~~ <br />Date: ~ " f~ _p 8 <br />