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Non-Professional Services Agreement between 07/01/2025 City of San Leandro and Pencco, Inc—Exhibit D Page 10 of 16 3.8 Force Majeure Any bidder that anticipates a workforce interruption, including due to COVID-19 restrictions, or a production shutdown that could affect delivery of the chemical must fax or e-mail notifications to all participating BACC agencies to notify them of the potential interruption in deliveries. A telephone call must also be made to each BACC agency as a follow-up notification. 3.9 Emergency Supply Plan Description BACC requests that bidders provide a summary of plans addressing their ability to be able to continue to supply product in the event of an unexpected disaster or urgent emergency event. 3.10 Safety Data Sheet (SDS) Bidders must submit a Safety Data Sheet (SDS) for the product offered with the bid. The successful bidder must provide a new SDS for the chemical with the first delivery or if the SDS is modified during the contract term. 3.11 Payments Payments for all chemicals will be made individually by each participating BACC agency thirty (30) days after receipt of a complete and accurate invoice. BACC itself does not have any legal authority to conduct business and therefore cannot be held responsible for the financial arrangements made between each individual BACC agency and the successful bidder. Cash discounts for early remittance of payment must be stated on the invoice, if applicable. The bidder is responsible for submitting accurate invoices to each BACC agency. The BACC agencies are not responsible for late payments resulting from the submission of inaccurate invoices. If bidder continues to submit inaccurate invoices after being put on notice by the BACC agency, the contract between the bidder and the BACC agency may be terminated. 3.12 Legislative Impacts In the event the legislative body of any BACC agency fails to appropriate funds for the purchase of the chemical, the respective BACC agency may terminate such contract without penalty and thereupon be released of further obligation. 3.13 Subcontracting No portion of the bid award may be subcontracted to another chemical manufacturer or supplier without the prior written approval of all of the participating BACC agencies. 3.14 Laws and Regulations All applicable State of California and Federal laws, City, County, and Special District ordinances, licenses, and regulations of all participating BACC agencies having jurisdiction must apply during the contract period, including any applicable State or local health order related to COVID-19. 3.15 Insurance For services requiring the supplier’s or their subcontractor’s presence on any BACC agency property, the successful bidder must acquire and maintain at their expense for the duration of the term of the contract Docusign Envelope ID: B72AF0D0-C77A-4A6B-8727-4C891D248F6D