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Boox 23 PAGE 649 AMENDMENT #1 TO HEALTH SERVICES AGREEMENT This AMENDMENT #1 to Health Services Agreement dated June 1, 2007, between Lee County, North Carolina (hereinafter referred to as "County", and Southern Health Partners, Inc., a Delaware Corporation, (hereinafter referred to as "SHP"), is entered into as of the,2-~D~A- day of , 2010. WITNESSETH: WHEREAS, County and SHP desire to amend the Health Services Agreement dated June 1, 2007, between County and SHP. NOW THEREFORE, in consideration of the covenants and promises hereinafter made, the parties hereto agree as follows: Section 6.1 is hereby replaced in its entirety by the following: 6.1 Term. This Agreement shall commence on June 1, 2007. The term of this Agreement shall end on May 31, 2011, and shall be automatically extended for additional one-year terms, subject to County funding availability, unless either party provides written notice to the other of its intent to terminate at the end of the period. Section 7.1 is hereby replaced in its entirety by the following: 7.1 Base Compensation. County will pay to SHP the annualized base price of $181,893.96 during the term of this Agreement effective June 1, 2010, through May 31, 2011, payable in monthly installments. Monthly installments during the term of this Agreement effective June 1, 2010, through May 31, 2011, will be in the amount of $15,157.83 each. SHP will bill County approximately thirty days prior to the month in which services are to be rendered. County agrees to pay SHP prior to the tenth day of the month in which services are rendered. In the event this Agreement should commence or terminate on a date other than the first or last day of any calendar month, compensation to SHP will be prorated accordingly for the shortened month. Section 7.2 is hereby replaced in its entirety by the following: 7.2 Increases in Inmate Population. County and SHP agree that, effective June 1, 2010, the annual base price is calculated based upon an average daily inmate population of up to 125, as a monthly average. If the average daily inmate population exceeds 125 inmates, then the compensation payable to SHP by County shall be increased by a per diem rate of $1.98 for each inmate over 125. The average daily inmate resident population shall be calculated by adding the population or head count totals taken at a consistent time each day and dividing by the number of counts taken. The excess over an average of 125, if any, will be multiplied by the per diem rate and by the number of days in the month to arrive at the increase in compensation payable