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<br /> 3 <br />accordingly for such services rendered up through and including the last day of <br />services, consistent with the terms and provisions of this Agreement. If any costs <br />relating to the period subsequent to such termination date have been paid by <br />County in the case of (i) above, SHP shall promptly refund to County any such <br />prepayment. <br /> <br />(c) Termination or non-renewal by Cancellation. This Agreement may be canceled <br />or non-renewed without cause by either party upon thirty (30) days prior written <br />notice in accordance with Section 9.3 of this Agreement. <br /> <br />(d) Annual Appropriations and Funding. This Agr eement shall be subject to the <br />annual appropriation of funds by the Orange County Board of Commissioners. <br />Notwithstanding any provision herein to the contrary, in the event funds are not <br />appropriated for this Agreement, County shall be entitled to immediately <br />terminate this Agreement, without penalty or liability, except the payment of all <br />contract fees due under this Agreement through and including the last day of <br />service. <br /> <br />Section 7.1 is hereby replaced in its entirety by the following: <br /> <br />7.1 Base Compensation. During the term of this Agreement, effective July 1, 2020, through <br />June 30, 2021, County will compensate SHP according to the following schedule of rates: <br /> <br /> <br /> <br />TWELVE-MONTH RENEWAL PERIOD <br />Effective July 1, 2020, <br />through June 30, 2021 <br /> <br /> <br />TWELVE-MONTH <br />ANNUALIZED PRICE <br />AND MONTHLY <br />INSTALLMENTS <br /> <br />AVERAGE DAILY <br />POPULATION <br />BASE LIMIT AND <br />PER DIEM RATE <br /> <br />Two months running from <br />July 1, 2020, through August 31, 2020 <br /> <br /> <br />$380,205.36 <br />$31,683.78 monthly <br /> <br /> <br />ADP limit: 180 inmates <br />Per diem rate: $1.45 <br /> <br /> <br />Ten months running from <br />September 1, 2020, through June 30, 2021 <br /> <br /> <br />$371,445.36 <br />$30,953.78 monthly <br /> <br /> <br />ADP limit: 140 inmates <br />Per diem rate: $1.45 <br /> <br /> <br />The total amount of base compensation payable to SHP for the twelve -month period effective <br />July 1, 2020, through June 30, 2021, will be $372,905.36. SHP will bill County approximately thirty days <br />prior to the month in which services are to be rendered. County agrees to pay SHP prior to the tenth day <br />of the month in which services are rendered. In the event this Agreement should commence or terminate <br />on a date other than the first or last day of any calendar month, compensation to SHP will be prorated <br />accordingly for the shortened month. <br /> <br />Section 7.2 is hereby replaced in its entirety by the following: <br /> <br />7.2 Increases in Inmate Population. County and SHP agree that, effective July 1, 2020, the <br />annual base price is calculated based upon an average daily inmate population of up to 180. If the <br />average daily inmate population exceeds 180 inmates for any given month, the compensation payable to <br />SHP by County shall be increased by a per diem rate of $1.45 for each inmate over 180. The average <br />5