FUNDING AGREEMENT AMENDMENT No. 5
CITY OF SALINAS
AND
BENITEZ SECURITY SERVICES, INC.
FOR
SECURITY SERVICES FOR THE SALINAS MOTEL PROGRAM
(FORMALLY KNOWN AS THE ARPA/PRK MOTEL PROGRAM)
Agreement No. 22ARPA04
This Amendment No. 5 to the Original Funding Agreement is entered on June 18, 2024, between BENITEZ SECURITY SERVICES, INC. a California corporation (Hereinafter Contractor) and the City of salinas, a California charter city and municipal corporation (City).
WITNESSETH
WHEREAS, On December 1, 2022, the City and Benitez Security Services Inc. (BSSI) first entered into an Agreement for Services No. 22ARPA04 (Agreement) to provide security services the Salinas Motel Program formally known as the ARPA/PRK Motel Program (Agreement) effective January 1, 2023, and ending on June 30, 2023, and stipulated a total compensation not to exceed $486,000; and WHEREAS, on April 6, 2023, the City and BSSI entered into Amendment No. 1 to the Agreement to extend funding term through August 31, 2023; and WHEREAS, on June 13, 2023, the City and BSSI. entered into Amendment No. 2 to the Agreement to increase compensation to an amount not to exceed $906,000, and extend term through March 31, 2024; and WHEREAS, on March 28, 2024, the City and BSSI entered into Amendment No. 3 to the Agreement to extend funding term through April 30, 2024; and WHEREAS, on May 1, 2024, the City and BSSI entered into Amendment No. 4 to the Agreement to increase compensation to an amount not to exceed $1,065,237 and extend term through June 30, 2024; and WHEREAS, the City and Benitez Security Services Inc. desire to amend the Agreement to increase compensation and extend term through October 31,2024.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
Section 3 entitled "Term” is revised to read as follows:
The work under this Agreement shall commence on January 1, 2023, and shall be completed by October 31, 2024, unless City grants a written extension of time as set forth in Section 2 above. This Agreement may be extended only upon mutual written consent of the parties on a month-to-month basis and may be terminated only pursuant to the terms of this Agreement.
First sentence of Section 4 entitled “Payment” is revised to read as follows:
City hereby agrees to pay, and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, a total amount of compensation not to exceed one million two hundred eighty-five thousand two hundred and thirty-seven dollars ($1,285,237.00).
All terms, covenants and conditions stated in the Original Funding Agreement, Amendments No. 1, No. 2, No. 3, and No. 4 which are not herein amended, remain in full force and effect.
IN WITNESS HEREOF, the parties have executed this Amendment No. 5 effective as of the date shown above.
City of Salinas
Grantee:
By:
By:
Rene Mendez, City Manager
Jesus Benitez, Chief Executive Officer
APPROVED AS TO FORM:
By:
Christopher A. Callihan, City Attorney