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<br /> 4 <br />daily inmate resident population shall be calculated by adding the population or head count totals taken at <br />a consistent time each day and dividing by the number of counts taken. The excess over an average of <br />180, if any, will be multiplied by the per diem rate and by the number of days in the month to arrive at the <br />increase in compensation payable to SHP for that month. In all cases where adju stments become <br />necessary, the invoice adjustment will be made on the invoice for a subsequent month’s services. For <br />example, if there is an average population for any given month of 185 inmates, resulting in an excess of <br />five (5) inmates, then SHP shall receive additional compensation of five (5) times the per diem rate times <br />the number of days in that month. The resulting amount will be an addition to the regular base fee and will <br />be billed on a subsequent monthly invoice. <br /> <br />County and SHP agree that, effective September 1, 2020, the annual base price is calculated <br />based upon an average daily inmate population of up to 140. If the average daily inmate population <br />exceeds 140 inmates for any given month, the compensation payable to SHP by County shall be <br />increased by a per diem rate of $1.45 for each inmate over 140. The average daily inmate resident <br />population shall be calculated by adding the population or head count totals taken at a consistent time <br />each day and dividing by the number of counts taken. The excess over an average of 140, if any, will be <br />multiplied by the per diem rate and by the number of days in the month to arrive at the increase in <br />compensation payable to SHP for that month. In all cases where adjustments become necessary, the <br />invoice adjustment will be made on the invoice for a subsequent month’s services. For example, if there <br />is an average population for any given month of 145 inmates, resulting in an excess of five (5) inmates, <br />then SHP shall receive additional compensation of five (5) times the per diem rate times the number of <br />days in that month. The resulting amount will be an addition to the regular base fee and will be billed on a <br />subsequent monthly invoice. <br /> <br />This per diem is intended to cover additional cost in those in stances where minor, short-term <br />changes in the inmate population result in the higher utilization of routine supplies and services. <br />However, the per diem is not intended to provide for any additional fixed costs, such as new fixed staffing <br />positions that might prove necessary if the inmate population grows significantly and if the population <br />increase is sustained. In such cases, SHP reserves the right to negotiate for an increase to its staffing <br />complement and its contract price in order to continue to provide ser vices to the increased number of <br />inmates and maintain the quality of care. This would be done with the full knowledge and agreement of <br />the Jailer and other involved County officials, and following appropriate notification to County. <br /> <br />Section 9.3 is hereby replaced in its entirety by the following: <br /> <br />9.3 Notice. Unless otherwise provided herein, all notices or other communications required <br />or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly <br />given if delivered personally in hand or delivered by certified or registered first-class mail (return receipt <br />requested, postage prepaid) or Federal Express, UPS or other reputable overnight courier service (with <br />signed delivery confirmation), and transmitted by electr onic mail transmission, including PDF (with <br />delivery and read receipt confirmation), and addressed to the appropriate party(s) at the following <br />address and regularly-monitored electronic mail address of such party, or to any other person at any <br />other address and regularly-monitored electronic mail address as may be designated in writing by the <br />parties: <br /> <br /> a. County: Orange County Board of Commissioners <br /> 300 W. Tryon St. <br /> P O Box 8181 <br /> Hillsborough, North Carolina 28278 <br /> Email: _____________________________________ <br /> Attn: John Roberts, Attorney to the Board <br />6