CITY OF POMONA
FIFTH AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
This FIFTH AMENDMENT to the Maintenance Services Agreement for Professional Tree Trimming and Maintenance Services (“FIFTH AMENDMENT”) is entered into on the 24th day of February 2026, 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 entered onto the 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.
Whereas, the Parties entered into the FOURTH AMENDMENT in order to extend the AGREEMENT through June 30, 2026.
Whereas, the Parties now wish to enter into this FIFTH AMENDMENT in order to amend the AGREEMENT to revise the Scope of Services (Exhibit “A”) and amend compensation to authorize Citywide street tree planting services, pursuant to City Council approval.
AMENDMENTS
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Scope of Services (Exhibit “A” ). The Scope of Services (Exhibit “A”) of the AGREEMENT is hereby amended to include Citywide street tree planting services under the Strategic Growth Council Transformative Climate Communities (TCC) Grant Program, in order to meet grant requirements and allow for the planting of approximately 1,000 street trees.
3. Compensation. The total compensation under the AGREEMENT is hereby ATTACHMENT NO. 1
increased in an amount not -to-exceed One Hundred Eighty Thousand Dollars ($180,000). All compensation shall be in accordance with the terms and conditions of the AGREEMENT, as amended, in accordance with the Fee Schedule in Exhibit “B -1” for item 46 , for the purpose of completing the authorized street tree planting services at One Hundred Eighty Dollars ($180) per tree.
4. No Other Changes . Except as amended by this FIFTH 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 FIFTH AMENDMENT.
5. Counterparts. A manually signed copy of this FIFTH AMENDMENT which is transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this FIFTH AMENDMENT for all purposes.
6. Severability. If any part of this FIFTH AMENDMENT is held to be unlawful or void, all other parts of this FIFTH AMENDMENT shall remain effective.