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Certificate of Bidder/Contractor <br /> .Employee Drug Testing Program <br /> ORS 2790.505(2) <br /> BIDDER' S NAME: ~ ~~ni~ ~.c~ ~~rs ~-c , <br /> .ORS 279C.~05(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 2790.505. If the bidder named above (the "Bidder") is awarded the <br /> Contract, this certificate shall become a part of, and shall constitute a continuing 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 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 /> employeeis under the influence of drugs; <br /> c) Requires compliance with the Oregon Department of Transportation Commercial Drivers <br /> License drug testing regulations. <br /> 2) A copy of the Bidder's current written employee drug testing policy will be available for <br /> inspection 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 <br /> . sufficient grounds for disbarment under ORS 2790.130.. <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 under <br /> <br /> . the influence of drugs. while performing work covered by this contract. These are Bidder/Contractor's sole i <br /> responsibilities. <br /> In Witness Whereof, the Bidder has caused this document to be executed by its duly authorized <br /> representative on the date shown below. <br /> .Signature:. ~~--~c- <br /> f <br /> Printed Name; Title: E ~ ~ <br /> 9 , <br /> Date: S 7 <br /> <br />