1 Rev. October 2023
THIRD MODIFICATION OF AGREEMENT NO. 11051 (CCS)
This Third Modification of Agreement Number 11051 (CCS) (“Third Modification”), entered into as of ________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Clean Earth Environmental Solutions, Inc. Corporation (“Clean Earth”), is made with reference to the following:
RECITALS
A. On or about^01/19/2021, the City and Clean Earth entered into Agreement Number 11051 (CCS) for Household Hazardous Waste Services (“Original Agreement”).
B. On or about^03/22/2021, the City and Clean Earth entered into a First Modification of Agreement Number 11051 (CCS) (“First Modification”), which specified and included pricing for Household Hazardous Waste Residential Door-to-Door Collections by Clean Earth.
C. On or about 01/19/2024, the City and Clean Earth entered into a Second Modification of Agreement Number 11051 (CCS) (“Second Modification”), which increased the agreement prices for Household Hazardous Waste Door-to-Door Services and specified Household Hazardous Waste Services. The Original Agreement, First Modification, and Second Modification may be referred to collectively herein as “the Agreement.”
D. The City and Clean Earth desire to modify the Agreement to include additional pricing addendums for hazardous waste material types not included in the Agreement.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Exhibit B Modified. Exhibit B of the Agreement is hereby amended to include Exhibit B3, to be approved by the Resource Recovery and Recycling Manager on an as-needed basis, and which is incorporated by reference into this Third Modification.
2. Execution in Counterparts. This Third Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this Third Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
3. Agreement Remains in Full Force and Effect. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
Docusign Envelope ID: 7468C1EA-CE09-48D0-A7A8-0223F8D5CFA9 9/28/2024
2 Rev. October 2023
IN WITNESS WHEREOF, the parties have executed this Third Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By:
______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By:
_______________________________
Docusign Envelope ID: 7468C1EA-CE09-48D0-A7A8-0223F8D5CFA9
DOUGLAS SLOAN
9/16/2024
City Attorney
9/27/2024
SVP, Sales and Customer Service
Clean Earth
Mindy Rath
9/28/2024
City Manager
City Clerk David White
9/30/2024
Nikima Newsome
CONFIDENTIAL
CE (Quote) – Addendum_v17_01.13.2023_unlocked
The terms and prices contained herein shall be treated as confidential property and may not be disclosed to others before, during, or subsequent to the terms of this Agreement, except as required by law or as necessary to perform Services (and then only on a confidential basis satisfactory to both parties.
QUOTE - ADDENDUM
April 24, 2024
Manuel Monterrubio
City of Santa Monica
2500 Michigan Ave
Santa Monica, CA 90404-4012
Thank you for allowing Clean Earth Environmental Solutions, Inc. by and through any of its subsidiaries or affiliates ("Clean Earth") to service your waste management needs. This addendum is to add additional services or pricing to your existing agreement with Clean Earth either at your request, or due to items or services performed that are not in your existing pricing schedule with us. Please see the below pricing schedule that will be added to your existing agreement as referenced below.
Pricing Details:
Disposal Charges:
Item Waste Name Description UOM Price Minimums
WAT01-3 Acidic waste water for treatment, greater than 50% acid concentration DR55 $566.00
WAT01-3 Door to Door
Rate (Per Lb)
Acidic waste water for treatment, greater than 50%
acid concentration LB $1.25 Common Container Minimums Apply Assumptions and Conditions:
1. The disposal pricing as listed above is based on the information provided and will be confirmed following receipt of a completed waste profile. All pricing is pending profile approval and/or waste sample analysis. Clean Earth reserves the right to adjust the fees or rates herein to account for operational changes implemented to comply with changes in law, rules, regulations, permits, licenses or approvals, or to cover increases in the cost of fuel, insurance, disposal, record keeping or to otherwise address cost escalation. If Customer rejects the adjusted fees or rates, Clean Earth shall have the right to terminate the Agreement or refuse to provide any services to Customer for which Customer rejected the adjusted Rates.
2. Unless otherwise stated in the Agreement, all invoices are subject to applicable Federal, State, and local taxes & fees as well as an Energy & Insurance recovery charge tied to the National monthly average price for diesel fuel as published by the Department of Energy Exhibit B-3
Docusign Envelope ID: 7468C1EA-CE09-48D0-A7A8-0223F8D5CFA9
CONFIDENTIAL
CE (Quote) – Addendum_v17_01.13.2023_unlocked
The terms and prices contained herein shall be treated as confidential property and may not be disclosed to others before, during, or subsequent to the terms of this Agreement, except as required by law or as necessary to perform Services (and then only on a confidential basis satisfactory to both parties. https://www.cleanearthinc.com/energy-and-insurance-fees/.
3. For a complete list of process code specifications, visit:
https://www.cleanearthinc.com/sites/default/files/Process-Specifications.pdf
4. This proposal must be signed within 30 days of receipt; otherwise a new quote will be reissued.
The terms and conditions from the Contract No. 11051 (“Agreement”) with an effective date of 1/19/2021 between Stericycle Environmental Solutions, Inc, (now known as Clean Earth Environmental Solutions, Inc.), and City of Santa Monica apply to this quote addendum.
Between: Clean Earth Environmental Solutions, Inc. And: City of Santa Monica Signature Signature
Name Name
Title Title
Date: Date:
Docusign Envelope ID: 7468C1EA-CE09-48D0-A7A8-0223F8D5CFA9