1 Rev. October 2023
FOURTH MODIFICATION OF AGREEMENT NO. 11052 (CCS)
This Fourth Modification of Agreement Number 11052 (CCS) (“Fourth 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. (Clean Earth) is made with reference to the following:
RECITALS
A. On or about October 6,2020, the City and Clean Earth entered into Agreement Number 11052 (CCS) for hazardous waste services (“Original Agreement”).
B. On or about June 30, 2023, the City and Clean Earth entered into a First Modification of Agreement Number 11052 (CCS) (“First Modification”) to exercise the first one-year renewal option to extend the term of the Original Agreement to June 30, 2024.
C. On or about July 1, 2024, the City and Clean Earth 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.
D. On or about May 29, 2025, the City and Clean Earth entered into a Third Modification of Agreement Number 11052 (CCS) (“Third Modification”) to exercise the third one-year renewal option to extend the term of the Second Modification to September 30, 2025. The Original Agreement, First Modification, Second Modification, and Third Modification may be referred to collectively herein as “the Agreement.” E. The City and Clean Earth desire to modify the Agreement to add an additional budget of $300,000.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section 1 of the Original Agreement entitled “Term” shall be deleted and replaced with the following paragraph.
Term. This agreement begins on the Execution Date and terminates on February 28, 2026, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing.
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 Clean Earth for the Services performed in an amount not to exceed Three Hundred Thousand Dollars ($300,000), as set forth in Exhibit B-2. The total agreement price for services pursuant to the Original Agreement, the First Modification, the Second Modification, the Third Modification, and this Fourth Modification shall Docusign Envelope ID: 9FB2FDD9-4149-42CB-ADDD-11F55772CB61 9/23/2025
2 Rev. October 2023
not exceed $1,350,000.00.
3. Exhibit B-2 is attached hereto incorporated herein by this reference.
4. Execution in Counterparts. This Fourth 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 Fourth 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).
5. Except as expressly modified by this Fourth Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Fourth 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
Clean Earth Corporation
#VENDOR
By:
_______________________________
Docusign Envelope ID: 9FB2FDD9-4149-42CB-ADDD-11F55772CB61 Acting City Attorney
9/4/2025
HEIDI VON TONGELN
SVP, Sales
Mindy Rath
Clean Earth
9/18/2025
City Manager
Oliver Chi
9/23/2025
Nikima Newsome
City Clerk
9/23/2025
3 Rev. October 2023
Exhibit B-2
Budget
Original Agreement: $840,000
Third Modification: $210,000
Fourth Modification: $300,000
Contract Total NTE: $1,350,000
Docusign Envelope ID: 9FB2FDD9-4149-42CB-ADDD-11F55772CB61