CITY OF FULLERTON
AMENDMENT NUMBER ONE TO THE AGREEMENT
WITH
ALBERT GROVER & ASSOCIATES, INC.
This Amendment Number One (“Amendment No. 1”) to the Professional Services Agreement (“Agreement”) is entered into by and between the CITY OF FULLERTON (“City”), a municipal corporation, and Albert Grover & Associates, Inc., a California corporation (“Consultant”).
City and Consultant entered into the Agreement on February 20, 2019, to provide professional traffic engineering consultant services for four (4) years; and Due to unforeseen project delays related to COVID-19, the project has extended beyond the original 4-year term, with construction anticipated to commence June 2023 through the end of 2025; and City and Consultant desire to enter into this Amendment Number One to the Agreement for traffic engineering consultant services to allow for the completion of work as described in the City’s Request for Proposals (“RFP”) referred to as Exhibit “A” in the Agreement and Consultant’s Response to City’s RFP (“Consultant’s Proposal”) referred to as Exhibit “B” in the Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree to amend the Agreement as follows:
Section 4.1 titled “Term” of the Agreement is hereby amended to be retroactively from February 19, 2023 through December 31, 2025.
Section 6.0 titled “General Provisions” is amended to insert a new Subsection 6.27 titled “Executive Order N-6-22” as follows:
6.27 Executive Order N-6-22. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the City determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The City shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the City.
Contractor shall immediately notify City in writing upon being subjected to Economic Sanctions or upon being charged by a government agency of conducting prohibited transactions within the meaning of Executive Order N-6-22.
Except as set forth in this Amendment, all other provisions of the Agreement shall remain the same and in full force and effect.
IN WITNESS WHEROF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers.
CITY OF FULLERTON
_____________________________ Date: ___________________ Eric J. Levitt, City Manager
CONSULTANT
______________________________ Date:____________________ Albert Grover & Associates, Inc.
APPROVAL AS TO FORM
_________________________
Richard D. Jones, City Attorney