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<br /> <br /> <br /> <br /> <br /> <br />Non-Professional Services Agreement between 5/22/2025 <br />City of San Leandro and Univar Solutions USA LLC —Exhibit D Page 15 of 15 <br />service shall be determined by negotiation between the respective BACC agency and the successful bidder. <br /> <br />4.10 Good Faith Bidding and Contracting <br />The participating BACC agencies listed on this bid solicitation are bidding in good faith and have agreed <br />not to extend an existing bid in lieu of contracting with the lowest responsive bidder. However, nothing in <br />this bid solicitation shall prevent a BACC agency from rejecting all bids and separately procuring the <br />services they require, if deemed in the best interest of their respective agency. <br /> <br />4.11 Termination of Contract <br />Any BACC agency may terminate their contract with the successful bidder for any reason by providing the <br />successful bidder written notice of termination, and specifying the effective date thereof, at least thirty <br />(30) days before the effective date. Termination of the contract by one BACC agency does not affect the <br />contractual relationship between the successful bidder and any other BACC agency. <br /> <br />4.12 Termination for Cause <br />In the event of a breach of any term or provision of the contract by the successful bidder, a BACC agency <br />may terminate the contract with respect to supply of chemicals for that agency by providing the successful <br />bidder with written notice of such termination, and specifying the effective date thereof, at least ten (10) <br />days before the effective date. Termination of the contract by one BACC agency does not affect the <br />contractual relationship between the successful bidder and any other BACC agency. <br /> <br />4.13 Effect of Termination <br />Any termination by a BACC agency, with or without cause, must not affect the v alidity of the contract <br />between the successful bidder and any other BACC agency, nor must such action affect any rights, <br />remedies, or obligations of the successful bidder or any other BACC agency. <br /> <br />4.14 Assignment <br />The successful bidder must under no circumstances assign the contract without the prior written consent of <br />each participating BACC agency. Any assignment, or attempt at assignment, made without such consent of <br />each participating BACC agency may be considered a breach of contract. <br /> <br />4.15 Competitiveness and Integrity <br />The participating BACC agencies have assigned control of the acquisition process to the BACC coordinating <br />agency identified in the Notice Inviting Sealed Bids of this document, to prevent biased evaluations and <br />to preserve the competitiveness and integrity of such acquisition efforts. Bidders are to direct all <br />communications regarding this bid to the designated BACC Coordinator, unless otherwise specifically <br />noted, or unless approved in writing by the BACC Coordinator. Attempts by bidders to circumvent this <br />requirement will be viewed negatively and may result in rejection of the offending bidder's offer. The <br />BACC Coordinator may refer communications to other participating BACC agencies for clarification. <br /> <br />Docusign Envelope ID: 2BD19FCF-A2D6-4964-BFE6-649E662A2036