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~' ... <br />tl ~ ' '~ <br />J' <br />Exhibit C <br />Certificate of Bidder/Contractor <br />Employee Drug Testing Program <br />ORS 279.505(2) <br />BIDDER NAME: L...4'I~l ~l~;tf'Pl.c~,DPYt.tt'l~` ~ba C~c1gL <br />ORS 279.505(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 a part of, and shall constitute a continuing representatioh and <br />warranty 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 Bidder has and enforces, and at all times during the term of the Contract will have and <br />enforce, a 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 />drug testing regulations. <br />2) A copy of the Bidder's current written employee drug testing policy will be available for inspection <br />by 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 <br />become a continuing part of the Contract and that breach of any of the foregoing will be sufficient <br />grounds for debarment under ORS 279C.130. <br />The City of Eugene shall not be liable, either directly or indirectly, in any dispute arising out of the <br />substance or procedure of Contractor's drug testing program. Nothing in this drug testing provision shall be <br />construed as requiring Contractor to violate any legal, including constitutional, rights or any employee, <br />including but not limited to, selection of which employees to test and the manner of such testing. The City <br />shall not be liable for Contractor's negligence in establishing or implementing, failure to establish or <br />implement a drug testing policy, or for any damage or injury caused by Contractor's employees acting <br />under the influence of drugs while performing work covered by this Contract. These are Bidder/Contractor's <br />sole responsibilities. <br />In Witness Whereof, the Bidder has caused this document to be executed by its duly authorized <br />representative on the~late shown below. <br />Signature: 11 ~_~' <br />Printed V <br />Name: c <br />Title: ~~~'' ~)'~,CJ('Q~~-t'`~f <br />Date: ~, `" ,~ ~ - ViV <br />Employee Drug testing Program--Page 5 <br />(Revised April 2005) <br />