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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND TRISTAR RISK MANAGEMENT 1. PARTIES AND DATE. This First Amendment to the Professional Services Agreement ("First Amendment") is made and entered into this P day of February, 2009 by and between the City of Colton ("City") and TRISTAR RISK MANAGEMENT, ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this First Amendment. 2. RECITALS. 2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated June 18, 2006 ("Agreement"), whereby Consultant agreed to provide Workers' Compensation Third Party Administrator Services through June 30, 2009. 2.2 Amendment. City and Consultant desire to amend the Agreement for the First time to extend the term of the agreement for FY 2009-10 through June 30, 2010. 3. TERMS. 3.1 Term. Upon the expiration of the current term of the Agreement (June 30, 2009), Section 3.2.1 of the Agreement is hereby deleted in its entirety and replaced with the following: "3.2.1 Term. The term of this Agreement shall be from July 1, 2009 to June 30, 2010, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines." 3.2 Compensation. Upon the expiration of the current term of the Agreement (June 30, 2009), Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following: "3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed sixty-two thousand, nine hundred sixteen dollars ($62,916) during FY 2009-10 without written approval of City's Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement."