1 Rev. October 2023
THIRD MODIFICATION OF AGREEMENT NO. 11052 (CCS)
This Third Modification of Agreement Number 11052 (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. (Contractor) is made with reference to the following:
RECITALS
A. On or about October 6, 2020, the City and Contractor entered into Agreement Number 11052 (CCS) for hazardous waste services (“Original Agreement”).
B. On or about June 30, 2023, the City and Contractor entered into a First Modification of Agreement Number 11052 (CCS) (“First Modification”) to exercise the first oneyear renewal option to extend the term of the Original Agreement to June 30, 2024.
C. On or about July 1, 2024, the City and Contractor entered into a Second Modification of Agreement Number 11052 (CCS) (“Second Modification”) to exercise the second one-year renewal option to extend the term of the First Modification to June 30, 2025. The Original Agreement, First Modification, and Second Modification may be referred to collectively herein as “the Agreement.”
D. The City and Contractor desire to modify the Agreement to extend the agreement term to September 30, 2025 and add an additional budget of $210,000.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on the Execution Date and terminates on September 30, 2025, unless sooner terminated in accordance with Section 14.
2. Section 4 of the Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following paragraph:
Compensation. The City will compensate the Contractor for the Services performed in an amount not to exceed $1,050,000, for the original term and all, if any, exercised renewals as set forth in Exhibit B-1. //
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Docusign Envelope ID: F8BE5092-B635-43FD-A8FD-D09EB917828B 5/29/2025
2 Rev. October 2023
3. 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).
4. 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.
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: F8BE5092-B635-43FD-A8FD-D09EB917828B 5/27/2025
DOUGLAS SLOAN
City Attorney
5/28/2025
Mindy Rath
SVP, Sales
Clean Earth
Elaine Polachek
5/29/2025
Interim City Manager
Nikima Newsome
City Clerk
5/29/2025
3 Rev. October 2023
Exhibit B-1
Scope of Services
Original Agreement: $840,000
Third Modification: $210,000
Contract Total NTE: $1,050,000 through September 30, 2025 Effective upon the Execution Date of this Third Modification, all pricing pertaining to the services provided by Clean Earth under this Original Agreement shall be increased by an additional six percent (6%).
Docusign Envelope ID: F8BE5092-B635-43FD-A8FD-D09EB917828B