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. <br /> <br /> <br />Consulting Services Agreement between City of San Leandro and Foster & Foster 12/12/2022 <br />Actuarial Consulting Services for CalPERS Analysis Page 12 of 15 <br />party may be entitled. The court may set such fees in the same action or in a separate action <br />brought for that purpose. <br /> <br />10.2 Venue. In the event that either party brings any action against the other under this <br />Agreement, the Parties agree that trial of such action shall be vested exclusively in the state <br />courts of California in the County of Alameda or in the United States District Court for the <br />Northern District of California. <br /> <br />10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this <br />Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so <br />adjudged shall remain in full force and effect. The invalidity in whole or in part of any <br />provision of this Agreement shall not void or affect the validity of any other provision of this <br />Agreement. <br /> <br />10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this <br />Agreement does not constitute a waiver of any other breach of that term or any other term <br />of this Agreement. <br /> <br />10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of <br />and shall apply to and bind the successors and assigns of the Parties. <br /> <br />10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies <br />and other printed material on recycled paper to the extent it is available at equal or less cost <br />than virgin paper. <br /> <br />10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within <br />the corporate limits of City or whose business, regardless of location, would place Consultant <br />in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at <br />California Government Code Section 81000 et seq. <br /> <br />Consultant shall not employ any City official in the work performed pursuant to this <br />Agreement. No officer or employee of City shall have any financial interest in this Agreement <br />that would violate California Government Code Section 1090 et seq. <br /> <br />Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an <br />employee, agent, appointee, or official of the City. If Consultant was an employee, agent, <br />appointee, or official of the City in the previous 12 months, Consultant warrants that it did <br />not participate in any manner in the forming of this Agreement. Consultant understands that, <br />if this Agreement is made in violation of California Government Code Section 1090 et seq., <br />the entire Agreement is void and Consultant will not be entitled to any compensation for <br />services performed pursuant to this Agreement, including reimbursement of expenses, and <br />Consultant will be required to reimburse the City for any sums paid to the Consultant. <br />Consultant understands that, in addition to the foregoing, it may be subject to criminal <br />prosecution for a violation of California Government Code Section 1090 et seq., and, if <br />applicable, will be disqualified from holding public office in the State of California. <br /> <br />DocuSign Envelope ID: 1BEB6A68-E2EB-4930-BE17-88C23D3970B2