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Attachment 1FIRST AMENDMENT TO AGREEMENT This AMENDMENT TO AGREEMENT is dated for identification this 15th day of March, 2018 and amends that certain agreement for environmental health & safety services dated January 1st 2018, made by and between the Town of Los Gatos, ("Town,") and the BSI EHS Services and Solutions (West) Inc., ("Consultant.") RECITALS A. Town and Consultant entered into a Consultant Services Agreement on January 1st, 2018, ("Agreement"), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment. AMENDMENT 1. Section 2.6 Compensation. Compensation for Consultant's professional services shall not exceed $115,600 over the term of the agreement ($33,200 annually for Safety Training Services, Safety Committee Support, and Annual Program Review, plus $16,000 over the course of the agreement for Job Hazard Analysis), inclusive of all costs. Payment shall be based upon Town approval of each task. Rates will remain unchanged for the initial 3-year term. To maintain parity with economic circumstances, BSI may elect to increase rates for the 4th and/or 5th year contract options. Annual rate table increases shall not exceed 3% of the preceding year's rate table fees in the years after 2020. However, if in any of the years after 2019 the Bureau of Labor Statistics Employment Cost Index in Northern California is greater than 4.5%, the parties agree to renegotiate rates for the final two years of this contract. 2. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment. Town of Los Gatos Approved as to Consent: By: By: Laurel Prevetti, Town Manager --Christy Foster Director of Healthcare Department Approval: Lisa Velasco I-Iuman Resources Director Approved as to Form: Attest: Robert Schultz, Town Attorney Shelley Neis, CMC, Clerk Administrator BSI EHS Services — First Amendment to Agreement— March 2018