S Co-EDC- Regional Value Added Processiong Center Feasibility Study Appropriation & Agreement Approval

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C Ste. 4. Establish protocols for client management, including recommended facility use policies, proper interface with regulatory agencies including the county health inspectors and NCDA Food & Drug inspection, and provide guidance on the viability of limited meat processing under USDA or NCDA certification. Recommendations would also include storage fees and • production fees. 5. Identify all costs associated with facility operations (not including facility development costs), with a recommended plan for achieving current-account break-even. 6. Review proposed facility layout and design, including cold and dry storage and food production segregation. 7. Provide estimates of total cost of facility build-out and equipment acquisition. 8. Provide final feasibility study organization and presentation in the manner and frequency and to the entries requested by the County. 9. Conduct three area visits and interviews with community partners. 10. Instruct participating counties on conducting area publicity, primary data gathering, and organization of meeting and visits with potential project collaborators. Article 2.Orange County will, upon receipt of billings and project deliverables approved by the County, compensate Mills at the single project fee of $15,000, payable in three equal installments as follows: $5,000 at contract signing, $5,000 at accomplishment of 50% of work, and $5,000 at • presentation of final report to Orange County. Payments can be mailed to Smithson Mills, 34 West Oakview Road, Asheville NC 28806. Article 3. Either party may effect termination of this agreement hereto by the delivery to the other party of a written notice of intent to terminate, such termination to be effective on the thirtieth calendar day after date of delivery notice. Upon the expiration or termination of this Agreement, Mills shall deliver to the County any and all data, research, notes and reports generated by Mills in conjunction with this Agreement. If the County terminates this agreement prior to Mills' completion of each item called for in Article 1, then the County shall pay Mills a prorated amount based on the percentage of work actually performed by Mills under this Agreement. if Mills terminates this agreement prior to Mills' completion of each item called for in ArtiGe 1, then the County shall pay Mills a prorated amount based on the percentage of work actually performed by Mills under this Agreement. Unless sooner terminated by either party under this Article 3, this agreement will terminate on December 31, 2007. This Agreement shall survive termination for the purposes of reconciliation or payment of any amount due and unpaid at the time of termination. Article 4. This agreement may be amended only by written agreement signed by both parties. Article 5. Mills shall operate as an independent contractor, and the County shall not be responsible for any of Mills' acts or omissions. Mills shall not be treated as an employee with respect to the services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. Mills agrees that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of Mills or the employees of Mills. Milts further agrees that Mills is fully responsible for the payment of any and all taxes arising from the payment of monies under this Agreement. Mills shall not be treated as an employee with respect to the services pertormed • hereunder for purposes of eligibility for, or participation in, any employee pension, health, or other fringe benefit plan of the County. The County shall not be liable to Mills for any expenses paid or