CI
TY OF POMONA
THIRD AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
This THIRD AMENDMENT to the Maintenance Services Agreement for Professional Tree Trimming and Maintenance Services (“ THIRD AMENDMENT”) is entered into on the 16th day of June 2025, by and between the City of Pomona (the “CITY”) and West Coast Arborists, Inc., a California corporation (“CONSULTANT”), hereinafter referred to collectively as the “Parties.”
RECITALS
Whereas, on November 4, 2021, the Parties entered into Agreement for Professional Tree Trimming and Maintenance Services (the “AGREEMENT”).
Whereas, the Agreement was for a term of 1 year and seven months, comme ncing November 4, 2021, to June 30, 2023.
Whereas, on July 1, 2023, the Parties entered into the First Amendment to the AGREEMENT in order to extend the AGREEMENT through June 30, 2024, pursuant to the City’s first extension option as outlined in Section 3.1.2 of the AGREEMENT.
Whereas, the Parties entered onto the SECOND AMENDMENT in order to extend the AGREEMENT through June 30, 2025, pursuant to the City’s second extension option as outlined in Section 3.1.2 of the AGREEMENT and implement a fee increase based on the Consumer Price Index for the region.
Whereas, the Parties now wish to enter into this THIRD AMENDMENT in order to extend the AGREEMENT through December 31, 2025, pursuant to the City Council’s approval and implement a fee increase based on the Consumer Price Index for the region.
AMENDMENTS
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Term. The term of the AGREEMENT shall be extended through December 31, 2025.
3. Rate Adjustment. Effective July 1, 2025, the fees for existing services as outlined in Exhibit “B” of the AGREEMENT, shall be increased by 3.0% based on the Consumer Price Index for the region as documented by the Department of Labor’s Bureau of Labor Statistics.
4. No Other Changes . Except as amended by this THIRD AMENDMENT, all provisions of the AGREEMENT, as previously amended, shall remain in full force and effect and shall govern the actions of the Parties under this THIRD AMENDMENT.
5. Counterparts. A manually signed copy of this THIRD AMENDMENT which is transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have ATTACHMENT NO. 2
the same legal effect as delivery of an original executed copy of this THIRD AMENDMENT for all purposes.
6. Severability. If any part of this THIRD AMENDMENT is held to be unlawful or void, all other parts of this THIRD AMENDMENT shall remain effective.
Now, therefore, the Parties hereto have executed this THIRD AMENDMENT as of the date set forth below:
CITY OF POMONA WEST COAST ARBORISTS, INC.
By:
Anita D. Scott
City Manager
Date:
By:
Patrick Mahoney
President
Patrick Mahoney
PRINT:
DATE:
ATTEST:
By:__________________________________
Rosalia Butler, City Clerk
By:
Richard Mahoney
Secretary
Richard Mahoney
PRINT
DATE
366764 C27, C31, C61/D49
CONTRACTOR’S LICENSE NUMBER &
CLASSIFICATION
1000000956
DIR REGISTRATION NUMBER
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney