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ADDENDUM TO 1/1/98 LETTER OF AGREEMENT JCITY OF CLEARWATER ADDENDUM r \, THIS ADDENDUM to the Letter of Agreement dated January I, 1998 (the ""Agreement") by and between the em OF CLEARWATER (hereinafter "Clearwater''), and HORIZON BEHAVIORAL SERVICES (hereinafter "HBS"; formerly Professional Psychological Services "PPS''), sets forth the terms and conditions agreed to by Clearwater and HBS, regarding the provision of mental health and chemical dependency services by HBS to eligible parties of Clearwater. With the exception of the below added Sections, the terms of this Addendum are identical to all of the terms and provisions stated in the January 1, 1998 Agreement by and between Clearwater and HBS. All the provisions of that Agreement are hereby incorporated by reference. 1.1 HBS agrees to extend its agreement to provide the Oty of Clearwater with a comprehensive continuum of mental health and chemical dependency services effective January I, 1999 through December 31, 1999. HBS agrees to provide mental health, alcohol, and/or substance abuse treabnent to the employees and eligible dependents according to the terms of the January I, 1998 Agreement. The capitation rate of nine dollars and six cents ($9.06) per Employee per Month and all of the previously stated benefits will remain unchanged from the original Agreement. 1.2 This Agreement is not intended to create, nor is it to be construed as creating, any relationship between HBS and Clearwater other than that of independent parties contracting with each other solely for the purpose of effectuating the provisions of this Agreement. Neither HBS nor Clearwater nor any of their respective officers, directors, or employees, shall act as nor be construed to be the agent, employee or representative of the other. Nothing contained in this Agreement shall prevent HBS from entering into similar agreements with other employers. 1.3 In the event that the parties hereto are unable to resolve any dispute regarding the interpretation or application of any provision of this Agreement through good faith negotiations, such dispute shall be settled by binding arbitration in accordance with the Commercial Arbitration rules of the American Arbitration AsSOCiation, and judgement upon the award rendered may be entered in any court having jurisdiction thereof. The arbitrator shall have no power to award punitive or exemplary damages or to ignore or vary the terms of the Agreement; the arbitrator shall be bound by controlling law. In no event shall Clearwater disclose or discuss, directly or indirectly, any such dispute, disagreement or grievance concerning this Agreement with any entity other than legal counsel. 1.4 This Agreement may not be assigned by either party without the prior written consent of the other party; provided, however, that HBS may, upon written notice to the Oearwater, assign this Agreement to a wholly-owned subsidiary or to a separate corporation controlled by the shareholder(s) of HBS. IN WITNESS WHEREOF, the undersigned have duly executed this Addendum effective as of this _ day of , 1999. The City of Oearwater has had adequate opportunity for review by counsel its choice and fully understands the terms of this Addendum. "HBS" HORIZON BEHAVIORAL SERVICES, INC. By: Lynn Schoeneberg Vice President Horizon Behavioral Services CITY OF CLEARWATER :n~~~ t~k T~: aiV1 /VIA-VAg eL Attest: (3j \,