1 Rev. October 2023
FOURTH MODIFICATION OF AGREEMENT NO. 11051 (CCS)
This Fourth Modification of Agreement Number 11051 (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 January 19, 2021, the City and Clean Earth entered into Agreement Number 11051 (CCS) for Household Hazardous Waste Services (“Original Agreement”).
B. On or about March 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 January 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.
D. On or about September 28, 2024, the City and Clean Earth entered into a Third Modification of Agreement 11051 (CCS) (“Third Modification”), which modified the Agreement to include additional pricing addendums for hazardous waste material types not included in the Agreement. 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 increase the total agreement price as the cost for Clean Earth to provide the current household hazardous waste services has increased since the contract execution in January 2021 due to unforeseen external factors including further disposal sites, supply chain shortages, and labor and transportation shortages.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section 4 of the Original Agreement entitled “Compensation” shall be deleted and replaced with the following paragraph:
Compensation. The City will compensate Clean Earth for the Services performed in an amount not to exceed TWO MILLION ONE-HUNDRED AND NINETY-EIGHT THOUSAND DOLLARS ($2,198,000), as set forth in Exhibit B-1.
2. Execution in Counterparts. This Fourth Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same documents. All Docusign Envelope ID: 28A5F0C8-C5D2-412C-B113-24C16C07D70B 6/27/2025
2 Rev. October 2023
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.
3. Agreement Remains in Full Force and Effect. Except as expressly modified by this Fourth 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 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 ENVIRONMENTAL
SOLUTIONS, INC. BC Corporation
#VENDOR
By:
_______________________________
Docusign Envelope ID: 28A5F0C8-C5D2-412C-B113-24C16C07D70B 6/20/2025
City Attorney
DOUGLAS SLOAN
6/24/2025
Vice President
Brian Swanson
6/27/2025
Elaine Polachek
Interim City Manager
City Clerk
6/30/2025
Nikima Newsome
3 Rev. October 2023
Exhibit B-1
Budget
The City will compensate Clean Earth for the Services performed in this Agreement for an additional amount not to exceed ONE MILLION ONE-HUNDRED EIGHTEEN THOUSAND DOLLARS ($1,118,000) for the remaining term of this agreement. The total amount of compensation for Services Rendered during Original Term and all the Extension Terms, if any, shall not exceed TWO MILLION ONE-HUNDRED NINETYEIGHT THOUSAND DOLLARS ($2,198,000).
Docusign Envelope ID: 28A5F0C8-C5D2-412C-B113-24C16C07D70B