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BK 00025 PG: 0653 <br />CONSULTING AGREEMENT <br />THIS CONSULTING AGREEMENT (the " Agreement ") is made, entered into and effective as <br />of this April 14th, 2013 (the " Effective Date "), by and between NUTRITION THAT WORKS, LLC, a <br />North Carolina limited liability company (the " Compan y "), and Lee County Health Department <br />( "County "). <br />RECITALS <br />WHEREAS, through the Lee County Health Department, County provides clinical nutrition and <br />related services to citizens of Lee County; and, <br />WHEREAS, Company is in the business of providing temporary personnel staffing for clinical <br />nutrition and related services (the " Business '); and, <br />WHEREAS, County desires to enter into an Agreement with Company, an independent <br />contractor, to provide the temporary staffing of one Employee ( "Employee ") who will be responsible for <br />providing to County all Women, Infant and Children ( "WIC ") clinical nutrition and related services, as <br />described below; and, <br />WHEREAS, Company desires to accept such engagement as an independent contractor to <br />County, all upon the terms and conditions more particularly described herein. <br />NOW, THEREFORE, in consideration of the recitals set forth above and the mutual agreements <br />and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged by the <br />parties, Company and County hereby agree as follows: <br />1. Services Company, by and through Employee, agrees to perform, as an independent <br />contractor for County, the following services requested and directed by County: <br />- Plan, organize and direct the daily activities of County's WIC program; <br />- Serve as Breast Feeding Coordinator; <br />- Serve as Vendor Coordinator; <br />- Provide therapeutic diet counseling to individuals and groups referred by private <br />physicians, hospitals and rural health centers; <br />- Develop the WIC program budget and the annual program audit; <br />- Directly supervise all County employees assigned to the WIC Department; <br />- Responsible for the State WIC Office bi- annual monitoring visits; and <br />- All other duties as assigned by the Lee County Health Director. <br />Schedules to this Agreement shall be attached and executed by both parties detailing specific <br />work projects within the specific time frame with a payment and compensation schedule. Such Schedules <br />shall be subject to the terms and conditions set forth in this Agreement, provided, however, that to the <br />extent the terms and conditions of a Schedule and the terms and conditions of this Agreement conflict, the <br />terms of the applicable Schedule shall control. <br />2. Fees and Expenses. As consideration for the services provided by Company, by and <br />through Employee, County shall pay Company as set forth on the Schedule attached to this Agreement. <br />Travel expenses and other expenses will be paid only if included in the attached payment Schedule or if pre - <br />approved in writing by County. Pursuant to the attached payment Schedule, Company shall submit to <br />County monthly invoices detailing work performed and amount owed to Company. If Company fails to <br />TRI1 \684376v2 <br />