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Backup Documents 10/13/2015 Item #16D10 1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. /9/1/l 2. 3. Colleen Greene County Attorney Office Mfr 101301 15 4. BCC Office Board of County Commissioners \C-\\/&'' 1N\2--\5c 5. Minutes and Records Clerk of Court's Office t t kit S PRIMARY CONTACT INFORMATION Normally the primary contact is the person o created/prepared the Executive Summary. Primary contact information is neede in the event one of the addressees above,may need to contact staff for dditional or missing information. Name of Primary Staff Natali Bet ur Phone Number 239-252 059 Contact/ Department Agenda Date Item was 10/13/15 Agenda Item Number 16D10 Approved by the BCC Type of Document Agreement _ S�,&e_,�-7, _, Number of Original Attached �oc`� � Documents Attached PO number or account number if document is &, to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? � 2. Does the document need to be sent to another agency for additional signatures? If yes, NB provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed 4`c`, by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the NB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's NB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10/13/15 and all changes made during NB the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the 116, Chairman's signature. " I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 160 MEMORANDUM Date: November 2, 2015 To: Natali Betancur, Operations Analyst Park & Recreation —Beach & Water From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Collier County Parks & Recreation Community Market Facility Use Agreement (Long-Term) w/Sudgen Park and Eagle Lakes Community Park Attached for your records is a copy as referenced above, (Item #16D10) approved by the Board of County Commissioners on Tuesday, October 13, 2015. The original is being kept by the Board's Minutes & Records Department as a part of the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment 6 0 i Collier County Parks and Recreation 1 Community Market Facility Use Agreement(Long-Term) This Community Market Facility Use Agreement(Long-Term), is entered into on ick,l3kS by and between-SW- /o ,44,9(10s.` (hereinafter "Community Market Manager") and Collier County, a political subdivision of the State of Florida. WHEREAS, the Collier County Board of County Commissioners has publically advertised the intended use in order to afford interested parties an opportunity to submit a competing proposal or objection to the Agreement; and WHEREAS, Collier County has considered all competing proposals and objections and hereby awards this Agreement to the Community Market Manager named herein. Market Name �Lag eh a 4 -9-CO e vs N 1 LL-1- Market "Market Manager , mnis +raus6.1/3 /' uD 146v.;d igemleis, LLQ Telephone and cell phone - 0159 -600 q 744 C 9 r;2..4,6 Mailing Address Email Address CO in Market Dates Nk (` N 11 �� 5 — Ap r( ( 1 Market Times AAk - FAA Market Location uts eh Re/i 6_1 -I-aat Specific location within park e e 44`1-6A mh t Number of vendors ` (maximum/minimum) 3c/ / 0 Types of items to be sold rah (oc l -�''rockc.e_1z.,C,h'ccs, o c Dc4 lea_kac(Gc % including whether any cs Ta�fs, LcctI Cva Ffs 'Uhl/4_3 r-k_,) items are prohibited. ' l (Fireworks are always 61 ve i ee_s 5; (om`c k. +(o ,t )wv o,,,S prohibited.) ci J end a,, s Rental rate Negotiated contract rate. Payment due at signature. [04-PKR-01113/1179491/11 GP I loolu A. Duties and Responsibilities of the Community Market Manager: 1 1) Ensure propi r management of all traffic in and out of the site for the event. 2) Properly notify all emergency responders in advance of the event. 3) Ensure access to adequate restroom facilities. 4) Ensure compliance with all prevailing sign ordinances governing the event. 5) Required to be on site at the Market dining all operating hours. 6) Enforce the i1ules of the Market and notify required authorities of any violations including the Code Enforcement Department or law enforcement agencies. 7) Actively reciut t new producers/vendors to expand the variety or products for sale. 8) Distribute and explain market policies,procedures,rules and regulations. 9) Collect rental fees from vendors and maintain accurate records of payment. These t documents are public records pursuant to Ch. 119, Florida Statutes, Florida's Public Records law. i 10)Assign vend r spaces. 11)Verify that all vendors distributing food or beverage, whether by sale or donation, have I the appropriate food licenses and permits as required under all applicable laws and comply specifically with Florida Department of Agriculture and Consumer Services t requirements for food safety. 12)Stress to the rendors the importance of high quality,fresh products, 13)Assure the market is operated in a timely and efficient wanner and that sales only occur within the established market hours. 14)Settle or preent disputes among the vendors as well as disagreements arising between shoppers and vendors. 15)Have a clear procedure in place for any emergencies that may arise. Call law enforcement s necessary. [04-P KR-01113/1179491/1] 1 1 1 6 10 1 r 16)Ensure timely wrap-up and clean up of the event site. 17)Work withti a County's designated representative to resolve any issues that might arise pertaining to the event. i. 18) Maintain compliance with all applicable local, State, or Federal laws including the applicable sections of the Collier County Land Development Code. 19)Obtain and mi aintain required local, State,or Federal permits at no expense to the County (see attachments"A"and"B"). I 20)Timely provide rental payments to the County. 21)The Community Market Manager may not assign this Agreement, or any part hereof without prior written approval of the Board of County Commissioners. Any attempt to assign without such approval shall be void. 22)Proof of in_��rance satisfactory to the Collier County Risk Management Department is required to provided at the time of signature. Terms of the insurance are pursuant to requiremenset forth in Attachment"C"to this Agreement. B. Community Market Facility Rental Rules and Regulations: 1) Collier County reserves the right to object to any particular Vendor. 2) Vendors must f obtain, display and keep current all applicable federal, state and County licenses, insurance, and/or permits. All Vendors are required to display business names at all times. 3) Food boomust have hand wash sinks,employee(s)must have hair tied back and wear plastic gloves when serving food,according to health code guidelines. 4) Sales tax,when required by the State of Florida,is the responsibility of the Vendor. 5) Vendors shill conduct themselves in a professional manner, respect other vendors and customers. Unacceptable behavior includes profanity,throwing items,hawking items,or I [04-PKR-01113/1179491/11 I 6")I 1 *;,.,4: rl i n 1 make inappriate comments or gestures. Clothing worn by vendors and vendors' staff shall not col ' profanity or obscene images or words. 6) All product'labeling shall by truthful and accurate and adhere to the requirements set forth by the State of Florida. Any claims such as organic, pesticide-free, origin, gluten free, free range, sugar free, etc.must be substantiated. Any intentional false claims shall be cause forediate removal from the Market. 7) Under no c' cunstance(s)will fireworks of any kind be authorized for sale.nini 8) The Collier County Parks and Recreation Director or his designee may direct the Community event Manager to alter,curtail or eliminate a specific activity determined to be inappropriate or detrimental to the facility at any time and without prior written noti e. /21II/� 9) This Community Market Facility Use Agreement(Long-Term)shall terminate on There is noI nght to renewal. 10)Should the Community Manager wish to renew this Agreement,the Community Manager I must request a renewal at least 30 days from the end date of the Agreement. Renewal is subject toI proval by the Board of County Commissioners at a regularly scheduled Board meeting. 11)There shall be no discrimination as to race, sex, color, creed or national origin at Community Market events. C. No Partnership:Nothing herein contained shall create or be construed as creating a partnership between the County and the Community Market Manager or to constitute the Community Market Manager as in agent of the County. D. Cancel or Pastpose a Community Market: Collier County reserves the right to cancel a Commrmity Mark 1t event date at the County's sole discretion and without prior written notice. Parks and Recreation Division events or other Board approved public events shall take precedent 1 over a Community lEarket. [e4-PK8 Ozsi3lsa79491/1l G f 6 U 1 E. Termination of a Community Market Facility Use Agreement: This is an at-will Use Agreement terminable by either party with or without cause on 10 days written notice to the other. During the notification priod, both parties agree to meet their respective contractual obligations in good faith. The Agreement may be terminated by the County immediately due to any material breach of this Agreement, including, but not limited to, failure of the Community Market Manager abide by the terms and conditions set forth herein. The County shall be sole judge of non-performance. F. Indemnification: To the maximum extent permitted by Florida law, the Community Market Manager shall indemnify and hold harmless Collier County, its ofiiicers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Community Market Manager or anyone employed or ; utilized by the Community Market Manager in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of , Collier County. Collier County's liability is subject to the limits of sovereign immunity set forth in Section 768.28,Fla. Stat. The parties hereto have made and executed this Community Market Facility Use Agreement (Long-Term). FOR: COMMUNITY MARKET Ar/Amir ommunity . ket Mana.• 104-PKR-01113/1179491/11 1 16010 STATE OF FLORIDA ) ) ss COUNTY OF -=01-'- IEi ) Before me a notary public, the undersigned authority, personally appeared, ( pr 'V/S /-- S T�,IU dfry69 , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. %0„..:_. S 3 6,1 -/?' — -y e_v SWORN TO AND SUBSCRIBED before me this /32 day of , 2015. Ar4: ,, 6 isacic • lifil 1 CJ ,! s My Comm.Expires May 13,2017 Notary Public!\1 ;, i t 'Batt., ,, - .id ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT F„BROCK, CLERK COLLIER COUNTY, FLORIDA, . , / el/4*de_ - By: i ttest aS t tl Clerk Tim Nance s6 natura 1y.. Chairman Approved as to form and legality: OJL)v1 Colleen M. Greene Assistant County Attorney [04PKR-01113{1179491/1] S 16010 Exhibit A Insurance and Bonding Requirements- Long Term Community Market Facility Lease Agreement—Attachment C Insurance/Bond Type Required Limits, 1. ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Stat'tory Limits and Requirements 2. ❑Employer's Liability $ single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $ 1,000,000 single limit per occurrence, $2,000,000 aggregate for ISO form Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations;Independent Contractors;Products and Completed Operations and Contractual Liability 4. ®Indemnification To the maximum extent permitted by Florida law, the Lessee shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Lessee or anyone employed or utilized by the Lessee in the performance of this Agreement. This indemnification obligation shall not be construed to negate,abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph.This section does not pertain to any incident arising from the sole negligence of Collier County. - • i 4. ❑Automobile Liability $ Each Occurrence;Bodily injury._&Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Airport Liability Insurance $ Per Occurrence noted: bodily injury and property damage ❑ Hangarkeepers Liability $ Per Occurrence per aircraft including premise liability ❑Aircraft Liability Insurance $ Per Occurrence bodily injury and property damage ❑Pollution Liability Insurance $ Per Occurrence bodily injury and property damage ❑Property Insurance—Replacement Cost-All Risks of Loss 6. ® Lessee shall ensure that all sub-lessees comply with the same insurance requirements that he is required to meet. The same Lessee shall provide County with certificates of insurance meeting the required insurance provisions. 7. /1 Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required 8. ® The Certificate Holder shall be named as Collier County Board of County Commissioners,OR,Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of Insurance must state the name of the Lease and location of the leased property. Long Term Market Page 1 9. ® Thirty(30)Days Cancellation Notice required. 16 ® 1 0 Ljb 5/11/2015 Lessee's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this Lease agreement. 7 Name of Firm gJDIr1'd& /t(i,'1 dS L '1 Date - 15 -.201,5- , .2d/,5-e Lessee Signature i,,,lY A A-lf I Print Name L.r1 i S L• _ r% Lacs6 act h Insurance Agency • -YIS(,LIr(,vhnQ_ 26 C _f2. O Altple� l G Agent Name 'Vk(/ L2 >fl L%A Telephone Number 1'3" 5"JU C1 Long Term Market Page 2 1601 0 (`' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 10/16/15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT TiffanyLehman NAME: Insurance Source Of Naples,Inc. PHO(NC..No.EMI: (239)325-3030 fa FAX No (239)325-3033 2355 Vanderbilt Beach Road#152 ADDRESS: tiffany@ison1.com Naples,FL 34109 INSURER(S)AFFORDING COVERAGE NAIC it Phone (239)325-3030 Fax (239)325-3033 INSURER A: Covington Specialy Ins Company/Bass Underwriters INSURED INSURER B: SW Florida Markets LLC INSURER C: 1320 Remmington Way#12101 INSURER D: Naples,FL 34110 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSR WVD POLICY NUMBER ADDLSUBR POLICY EFF POLICY EXP LIMITS (MMIDD/YYYYI IMMlDDIYYY� GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.00 NTED © COMMERCIAL GENERAL LIABILITY PREM SES( occurrence) $ 100,000.00 ❑ ❑ CLAIMS-MADE Q OCCUR VBA390888-00 MED EXP(Any one person $ 0.00 A ❑ Y N 07/21/2015 07/21/2016 PERSONAL$ADV INJURY $ 1,000,000.00 ❑ GENERAL AGGREGATE $ 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000.00 POLICY ❑ If 0 LOC $ AUTOMOBILE LIABILITY C OMaBBIINdEeD1SNGLE LIMIT ❑ ANY AUTO BODILY INJURY(Per person) $ ❑ ALL OWNED SCHEDULED BODILY INJURY(Per $ AUTOS ❑ AUTOS accident) ❑ HIRED AUTOS ❑ N OS NED P er acci a DAMAGE AUT (Per accident) ❑ ❑ $ ❑ UMBRELLA LIAR ❑OCCUR EACH OCCURRENCE $ ❑ EXCESS LIAR ❑CLAIMS-MADE AGGREGATE S ❑ DED 0 RETENTION$ $ WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY Y/N ❑TORY LIMBS ❑ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Additional Insured: Collier County Board of County Commissioners,3327 Tamiami Trail E,Naples,FL 34112 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail E Naples,FL 34112 AUTHORIZED REPRESENTATIVE I r\✓-,.\J\<��' ``-_e`SjJ\Imo.. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05)QF The ACORD name and logo are registered marks of ACORD 16010 COVINGTON SPECIALTY INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. POLICY CHANGES This endorsement modifies insurance provided under the following: ❑ COMMERCIAL GENERAL LIABILITY COVERAGE PART ❑ COMMERCIAL PROFESSIONAL LIABILITY COVERAGE PART ❑ COMMERCIAL INLAND MARINE COVERAGE PART ❑ COMMERCIAL PROPERTY COVERAGE PART O LIQUOR LIABILITY COVERAGE PART ® ALL COVERAGE PARTS APPLICABLE TO THIS POLICY Policy Number: VBA390888 00 Named Insured: SW Florida Markets, LLC Endorsement No.: 1 Endorsement Effective Date: 10/16/2015 By:Chris Ueding Collier County Board of County Commissioners is added as an Additional Interest per the attached form CG 2012 Form CG 2012 is added and attached to this policy ❑ No change in premium ❑ Additional Premium $ ❑ Additional taxes and fees $ ❑ Return Premium $ ❑ Return taxes and fees $ ❑ Total $ All other terms and conditions of this policy remain unchanged. GBA 904001 0208 16 D 10 POLICY NUMBER:VBA390888 00 COMMERCIAL GENERAL LIABILITY CG 20 12 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Collier County Board of County Commissioners 3327 Tamiami Trail E,Naples,FL 34112 Information required to complete this Schedule, if not shown above,will be shown in the Declarations_ A. Section II —Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury', "property damage" or governmental agency or subdivision or political "personal and advertising injury"arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality; or 1. This insurance applies only with respect to b. "Bodily injury" or "property damage" operations performed by you or on your behalf included within the "products-completed for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these However: additional insureds, the following is added to Section III—Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we by law; and will pay on behalf of the additional insured is the b. If coverage provided to the additional amount of insurance: insured is required by a contract or 1. Required by the contract or agreement;or agreement, the insurance afforded to such additional insured will not be broader than 2. Available under the applicable Limits of that which you are required by the contract Insurance shown in the Declarations; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2012 04 13 ©Insurance Services Office, Inc.,2012 Page 1 of 1 z I 16010 JEFF ATWATER CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION **CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW** CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law. EFFECTIVE DATE: 10/23/2015 EXPIRATION DATE: 10/22/2017 PERSON: STRAUSBAUGH DENNIS L FEIN: 273501980 BUSINESS NAME AND ADDRESS: SW FLORIDA MARKETS,LLC 1320 REMINGTON WAY 12101 NAPLES FL 34110 SCOPES OF BUSINESS OR TRADE: CONTRACTOR-PROJECT MANAGER, CO Pursuant to Chapter 440.05(14),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.05(12),F.S.,Certificates of election to be exempt...apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to Chapter 440.05(13),F.S.,Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS?(850)413-1609 16010 L____. 0�J +app�_ �� \`-� ` \\ pg i ---,i i /% J /1 11 ` /i 1�1� 10 �j gi /,/ E:)/ I 111 1 II II I� {I Id rn ,3NO 3 . OM.3SVHd D OµJ •� •• r. i E 1 > 11 \1 I ,I i 11 t\ R '! , �', aFRT77�ABGWIST__ s;�. a „ z,‘N -,.. .,;:„..,,,,. N..b i ? `o 11 B ' r -' 'N,--,-- ',.:,„";.... -,:v,`./..N.---- /N. . ..,,,7-lerj4, -.0, - ..' 1 fi OFR\ `- `.t '� ',, - �agmva�Nr �` `{�1 % g ga�� 1�,�11� /// Ids ” 311i I I i, .r�► J. i .C.._�� . I a" `11 , or- a !11 il N M I / \ y\zi iesigz � " / .Z� 1-- cr,',F4;, N z,,,i,,,-,-- \,40, , ,-"::,. „.., * . „:,,-,-.6*- z , ..,,,,,,,„---N. .. , ......... ...._ „ , „ . - " :'%%:'' ,' , ''''COLLIER COUNTY BOARD OF COMM SSIONERS "' 0Pp SUGDEN PARK = 4 G FNUECC _ ` �oa,e—.m..�n 2. a FINAL SITE DEVELOPMENT PLANS *. s SUGDEN PARK p Ine ° a MASTER SITE PLAN- r.�r .m rm,mswu.F: 16 0 1 0 • Co c, -f •- CCMIA Cartified-OrDvid Mager Dennis Strausbaugh k • - - -1P.' - 4#0 C"3 I 11"4 Specializing In Market Operations,Promotions Consulting and Marketing Services P.O.Box 110762 Dennis Strausbaugh Naples,FL 341138 - 239-293-6266 SWFLORIDAMARKETS.COM sv.diolidarriarkelsegmail.com • • 0 Attachment A. Certifications for Community Market Vendors. 1 6 ® 1 Farmers Market Vendor Certifications in a nut shell: No matter what you're selling-if you're selling it,you're in business. Visit http://www.stateofflorida.com/portal/desktopdefault.aspx?tabid=8 to find out more about collecting state sales tax,proper licensing and more. If you're selling Value Added/Processed Food (bread, jelly, prepared meals, chopped greens) you must (1) have a food permit,(2)prepare the foods in a facility that meets certain state and federal standards and(3)have a certified Food Protection Manager. 1. Mobil Food Vendors can expect to pay a$275 annual fee for their food permit. 2. General Requirements for the Manufacturing, Processing, Packing, Holding and Retailing of Foods can be found at https://www.flrules.org/gateway/readFile.asp?sid=0&tid=1035492&type=1&file=5K-4.004.doc 3. Section 500.12 (6) of the Florida Statutes requires the department to adopt rules for the certification of food protection managers. The rule is chapter 5k-4.021 of the Florida Administrative Code. ALL food establishments including mobile vendors permitted by the department must have a certified food manager. If you have questions about the Food Manager Certification Program,please visit https://www.flrules.org/gateway/readFile.asp?sid=0&tid=1035783&type=l&file=5K-4.021.doc AND http://www.doh.state.fl.us/ENVIRONMENT/COMMUNITY/food/foodmanager.htm State contact who can answer additional questions: Aggie R. Hale,Environmental Administrator 3125 Conner Boulevard,Suite H,Tallahassee,FL 32399-1650 email: foodinsp@doacs.state.fl.us Phone: (850)245-5520 I FAX (850)245-5553 The Division of Food Safety is your best resource on Florida food regulations and licenses. You can visit their website at http://www.doacs.state.fl.us/fs/ If you're selling plants in dirt(nursery plants);you need a Nursery License. Contact Division of Plant Industry in Gainesville 352-372-3505. They will send an inspector out to see your plants and fill out an easy form. Entry level fee is$25. As your nursery stock increases,so does the annual inspection fee. If you want to label your produce as "Organic", it must be certified by an approved certifying agency - but, you're exempt from organic certification if you grow or handle less than$5,000 gross sales from organic produce. However,you must still be in full compliance with the National Organic Program's (NOP) rules and regulations. Florida Organic Growers (FOG) is the state's approved certifying agency in Gainesville 352-377-6345. You will need to document that the land you're growing on has met organic standards for the past three years. Certification fees are based on how many acres you have under organic production Certification fee for a 0-20 acre plot is approximately$425. Certification for a 200 acre farm is approximately$550. Certification takes 60-90 days and includes an inspection. Florida doesn't currently have cost-share program to help pay for the Certification process, but funding may come from the USDA National Organic Program(NOP) to help offset the expense. The FOG maintains a waiting list for cost share funding. Erin Mullane is the Organics expert at the State Department of Agriculture-she can be reached at 850-922-9928. More information can be found at http://www.usda.gov/wps/portal/!ut/p/ s.7 0 A/7 0 1OB?navid=ORGANIC CERTIFICATIO&navtype=RT &parentnav=AGRICULTURE 1601 0 If you're selling fresh produce You need a Growers Permit These are free. Simply ask Jim DeValerio to register you as a Grower. His number is 904-966-6224 or email:jtd@ufl.edu If you're selling fresh produce by weight visit http://www.doacs.state.fLus/standard/weights/infobus.html#questionl Your scale must be a certain kind and it must be inspected. Otherwise,sell by the bag,basket or handful. "Fresh From Florida"Florida Agricultural Promotional Campaign(FAPC) The FAPC provides an opportunity for Florida's agricultural industry to benefit from a multi-tiered advertising campaign coordinated by the Florida Department of Agriculture and Consumer Services. Those participating in the program are authorized to use a variety of distinctive logos on their promotional materials so that consumers and buyers can easily identify Florida agricultural products. Many retail stores are also using point-of-purchase materials which feature the logo.In addition,radio,television, print and billboard advertising is utilized to promote Florida agriculture and to create a positive image of the Florida farmer. The promotional campaign was authorized by the Florida Legislature in 1990. The Florida Department of Agriculture and Consumer Services was designated to implement the program, following guidelines established by an advisory council. The council is composed of producers,shippers,packers,retailers,commodity association representatives and a consumer and Department representative. Benefits of Membership As a participant you will benefit from this multi-media advertising campaign. By placing FAPC logos on your products and packaging, consumers can easily identify and purchase Florida-grown products. Advertising products with the Fresh from Florida and From Florida logos increases consumer awareness of the availability and freshness of Florida products and increases your sales. As a member,you will: • Receive artwork of Fresh from Florida logos to use on products,packaging and promotional items. • Tie-in to supermarket commodity promotions when retailers promote Florida agricultural products in newspaper and home circular advertisements. • Have the opportunity to receive industry trade show assistance at a reduced cost • Receive "Fresh from Florida," the FAPC promotional magazine and directory. These publications serve as communication tools for industry buyers and are distributed by mail and at industry trade shows. • Receive commodity-specific and generic promotional point-of-purchase material. • Receive a 30 x 40-inch aluminum sign customized with your business name. (Benefit available to paid members only) • Receive the monthly Florida Agri-Journal. • Cost$50 Visit: http://www.florida-agriculture.com/marketing/fapc membership.htm for more information and an application. Attachment BY ;*10' , / 0 Florida Department of Agriculture What Types of Cottage Foods Can I Produce? As a cottage food op- Loaf breads, rolls, biscuits Frequently Asked erator, you are allowed Questions toproduce food items Cakes, pastries and cookies Question: How do I sell my which are considered not Candies and confections cottage food products? potentially hazardous. Answer: You may sell your Honey cottage food products from �> Jams, jellies and preserves your residence directly to the consumer. Sales are also ap- 48\ Fruit pies and dried fruits proved at farmer's markets, flea market and roadside Dry herbs, seasonings and mixtures stands. Homemade pasta Question: Can I use the inter 'n Cereals, trail mixes and granola net to sell my cottage food products? The table (at right) Coated or uncoated nuts Answer: No,the law prohibits sales over the internet, by mail provides a listing of ac- Vinegar and flavored vinegars order,or at wholesale. ceptable cottage food Popcorn, popcorn balls Question: Am I able to de- products. Although not liver my cottage food prod- all inclusive, it provides ucts? for most types of ap- ' •31 Answer: Yes,you may deliver proved cottage food your cottage food products products. What Cottage Foods directly to the consumer or to a specific event venue (wedding, r £ Are Not Allowed? birthday celebration etc.) .-t •• ‘A „ ,,1^1. Question: Do I need a permit -+ or license for my cottage food Fresh or dried meat or meat products includ- ing jerky Answer: No,you do not need ,LI *. s Canned fruits and vegetables, chutneys, a state permit or license for vegetable butters and jellies, flavored oils, your cottage food operation. However,you should check hummus, garlic dip, salsas etc. with your city or county for any If you have any ques- Fish or shellfish products requirements they may have.. tions regarding the pro- Question: Is there any limit to duction of a particular Canned pickled products such as corn relish, how much I can earn from pickles, sauerkraut cottage food product my cottage food operation? 9 P please contact the Raw seed sprouts Answer: Yes,cottage food FDACS's Division of Food Bakery goods which require any type of re- operatorsare limited 00 $15,00 00 in gross sales per Safety, Bureau of Food frigeration such as cream, custard or me- year. It is the operator's re- and Meat Inspection at rinana pias and rakes nr pa—ctriec with cream sponsibility to comply with op- (850) 245-5520. cheese icings or fillings plicable laws,rules and regu- lotions regarding the collection Milk and dairy products including hard, soft of sales tax and cottage cheeses and yogurt Question: Can I make pet Cut fresh fruits and/or vegetables. Juices treats? ,:i 't.C. ' made from fresh fruits or vegetables Answer: No,the cottage food , ~ law applies to human-grade ' `�. • z Ice and/or ice products pp� g Yy`.` food only. For more informa- Barbeque sauces, ketchups and/or mustards tion about pet treat licensing please contact the Feed In- ,..,,,....: n- ,rLL. Foccaccia-style breads with vegetables and/ spection Program at or cheeses (850) 617-7855. ?_a:,>,.. act $ ,_,,.amu.-`”s" ' u' _a_h.y...a`n - - Attachment B ' 1310 Florida Department of Agriculture and LL - ConsumerServices Division of Food Safety February 2014 Adam H.Putnam,Commissioner Cottage Food Legislation Signed Into Law Quick Reference Definitions . • not inspected by any erators with general and Cottage Food Operation pro- -- state government entity. specific information con- means a person who pro- �F•"�,t1�,,, duces or packages cottage -y tamed in this document. food products at his or her - ti Gross sales for a cot- residence and sells such " , tage food operation If you are a prospec- products in accordance with -a '� must not exceed five cottage food opera- Section 500.80,Florida Stat- utes. „ %i 4 $15,000 annually. tor, please take some Cottage Food Product means Products must be sold time to review this guid food that is not a potentially The 2011 Florida Leg- directly by the cottage once document so that hazardous food as defined islature enacted House food operator to the you are better informed by FDACS rule which is sold Bill 7209 allowingdi- by a cottage food operation Inconsumer. Sales by about cottage food op- in accordance with Section viduals to manufacture, Internet, mail order, con- eration requirements. 500.80,Florida Statutes. sell and store certain signment or at wholesale Residence is defined to mean types of "cottage food" are prohibited. - !4.4,-, a primary residence that is products in an unlicensedoccupied by an individual Cottage food products ,g Y who operates a cottage food home kitchen. '. , -' operation and that contains a must be labeled in ac- l` ,`4 single kitchen with appliances Cottage food productsdesigned for common resi- cordance with the re- _' include such items as r dential usage. The residence quirements as outlined in may only contain one stove breads, cakes, cookies, r or oven,which maybe a Section 500.80(5), Flor candies, jams, jellies, and ida Statutes, and United double oven designed for fruitpies. non-commercial use. States Code of Federal Potentially Hazardous Food "Cottage food opera- Regulations Title 21, Part rv ! ; means a food that requires 101. `"' tions" as they are called time temperature control for safety(TCS)to limit patho- require no license or All cottage food prod- genic microorganism growth orpermit from the Florida ucts, offered for sale to food toxin formation;irwor hAe animal heat- Department of Agricul- -��-�,.�.�� that is raw hear- p g the general public, must t A'`-, treated;a plant food that is ture and Consumer Ser- be labeled: "Made in a heat treated or consists of vices (FDACS), and are cotta e food o eration raw seed sprouts,cut melons, g p cut leafy greens,cut tomo- _ that is not subject to Flor- INSIDE toes or mixtures of cut toma- ida's food safetyregula- WHAT TYPE OF FOODS 2 toes that are not modified in a way so that they are un- tions." CAN I PRODUCE? able to support pathogenic WHAT TYPES OF FOOD 2 microorganism growth or The FDACS may inves- ARE NOT ALLOWED? toxin formation,or garlic-in- oil mixtures that are not tlgafe any complaint re- FREQUENTLY ASKED 2 modified in a way so that ,r� ceived against a cottage QUESTIONS they are unable to support = food operation. LABELING AND INSPEC- 3 pathogenic microorganism J growth or toxin formation. TION REQUIREMENTS The Division of Food 2-( COTTAGE FOOD 4 :IL� Safety is pleased to pro- -,_- CONTACTS,WEB LINKS vide cottage food Op AND RESOURCES f FDACS-P-01765 Attachment B 010 and Consumer Services Florida Labeling Requirements Federal Allergen The cottage food law predominance by Labeling information requires specific labeling weight; All cottage food products must be labeled in ac- requirements for the sale • The net weight or net cordance with the United States Code of Federal of cottage food prod- volume of the cot- Regulations Title 21, Part 101. As a cottage food ucts. tage food product; operator, you must identify if any of your ingredi- • Allergen information ents are made from one of the following food —_ as specified by fed groups: eggs, milk, wheat, peanuts, soybeans, fish eral labeling re- ,�,_ -7,747 s and tree nuts. . » #`� quirements; ,,, '._ ,i,T • If any nutritional In the sample label (provided at left) possible »�., I -r 't-- claim is made, ap- allergens are identified as "Contains wheat, eggs, a+.* '44,:4'-'.-7":" 4--77.7t, propriate nutritional milk, soy and walnuts." This labeling allows con- information as speci- sumers to avoid food which may be harmful to A cottage food opera- fled by federal la- them. tion may only sell cot- beling requirements; tage food products and To obtain additional information you may visit the following website which contains more information which are prepackaged • The following state with a label affixed that ment printed in at regarding federal allergen labeling information: contains the following least 1 0-point type http://www.fda.gov/Food/LabelingNutrition/ information: (printed in in a color that pro- FoodAllergensLabaling/ English) vides a clear contrast GuidanceComplianceRegulatorylnformation/ucm106187.htm to the background • The name and ad- label: "Made in a Cottage Food inspections dress of the cottage cottage food opera- food operation; tion that is not sub- Know the Rules... • The name of the cot- jest to Florida's food tage food product; safety regulations." • The ingredients of A sample is shown be- The FDACS may investigate any the cottage food y � g low and may assist with 1. ' complaint received for a cottage product, in descend- developing your cottage ��'�"" ` ' food operation. ing order of food product label. If your cottage food operation is —.,„..— °w ,- _-.,M- ..,,.. -.,w the subject of a complaint, you MADE INA COTTAGE FOOD OPERATION THAT must allow a FDACS employee or officer in your IS NOT SUBJECT TO FLORIDA'S FOOD SAFETY 1 cottage food operation to conduct an inspection. REGULATIONS 44 I The FDACS employee or officer will inspect your Chocolate Chip Cookie cottage food operation to determine compliance with applicable laws, rules and regulations. Ashley Christopher Bryant t 1019 Food Safety Drive If you refuse to allow a FDACS employee or of- i Tallahassee,Florida 32399 ficer to inspect your cottage food operation, the 1 FDACS may take disciplinary actions which may Ingredients:Enriched flour(Wheat flour,niacin,reduced iron,thiamine, mononitrate,riboflavin and folic acid),butter(milk,salt),chocolate chips include a 5,000 fine. (sugar,chocolate liquor,cocoa butter,butterfat(milk),Soy lecithin as an t emulsifier),walnuts,sugar,eggs,salt,artificial vanilla extract,baking i More information is available on page four of sodathis publication. Contains:wheat,eggs,milk,soy,walnuts iNet Wt. 3 oz Attachment B State Agency Contact 'n - . irmi.-, . .._ ,....., Nil, A cottage food operation must comply with all applica- Can I Sell My � �` ble county and municipal laws and ordinances regulating Cottage Foods to # fthoeodprperpoadruacttiso.n,Beproowceisssiangli,stsitnografgoer satantde saagleenocfy coretage _ Restaurants? , .,„,.4',1;,', sources who may assist you in answering any questions regarding cottage foods: Cottage food opera- tors are not allowed to FDACS of Agriculture and Consumer Services sell their cottage food Division of Food Safety products to local restau- (850) 245-5520 rants or grocery stores. http://www.freshfromflorida.com/ These types of sales are considered "wholesale" and are not allowed un- der the law. Cottage food opera- Be sure to check with your local municipal, city or county tors must sell their cot- government for additional requirements! tage food products di- rectly to the consumer. , i / ,. Documents and Publications : F .� t fda The following websites provide additional information relating to food safety and subsequent requirements as _ =-� - -s', well as the cottage food legislation: `—= Can I Make Salsas As--- or Barbecue Sauce? United States Food and Drug Administration Processing of low acid 2009 Food Code foods by retort canning http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/ or processing of acidi- nnin FoodCode2009/ fled foods is not al- Cottage Food House Bill 7209 lowed by a cottage http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx? food operator. Billld=46868&Sessionld=66 These types of prod- Chapter 500, Florida Statutes ucts must be commer http://www.leg.state.fLus/Statutes/index.cfm? cially processed to en- App mode=Display Statute&URL=0500- sure sterility under con- 0599/0500/0500Contentslndex.html&StatuteYear=2010&Title=%2D% ditions of non- 3E2010%2D%3EChapter%20500 refrigerated storage and distribution. Food Allergen Labeling and Consumer Protection Act of 2004 http://www.fda.gov/Food/Labeling Nutrition/FoodAllergensLabeling/ Typically, canning or GuidanceComplianceRegulatorylnformation/ucm106187.htm processing acidified foods are done in a state permitted facility. Collier County Parks and Recreation Community Market Facility Use Agreement(Long-Term) This Community Market Facility Use Agreement(Long-Term),is entered into on 1.0V3`lC by and between--,k'i 4;0 kis*ereinafter "Community Market Manager") and Collier County,a politic.. subdivision of the State of Florida.. WHERE , the Collier County Board of County Commissioners has publically advertised the in -nded use in order to afford interested parties an opportunity to submit a competing propo al or objection to the Agreement;and WHERE° , Collier County hag considered all competing proposals and objections and hereby awards thi. Agreement to the Community Market Manager named herein. Market NameEag rna- 1 (.�✓Ytt O lVt : Market Manager / iviv t r Telephone and eel phone Mailing Address &o) /J49/7 )6761.e.cJ L 34e f Email Address 113-'3 I Market Dates 4 , c2,675- /-/, 9 20/ Market Times -7,M --- PAil 6n ricials Market Location ,603 1 e.. nirru.4-W__, Specific location within park +Y-zLc?Y t atim I Number!ofvendo (maximum/minim ) 5CD /41 Types of items to e sold - .-42‘5/1 loop/n yt oc� 61,7,4 including whether any / 1r3 . � 11' s, .v6c2 6' rencifs ij celdi items are prohibit . s c y, /,es(4..Ilr/126", {Fireworks are at ys � r / j prohibited.) } IOi.GS Tot t 2/t v S - Rental rate Negotiated contract rate. Payment due at signature. [04-PKR-01313/1179491/1] 16fl10 0 A. Duties and Responsibilities of the Community Market Manager: 1) Ensure proper management of all traffic in and out of the site for the event. 2) Properly notify all emergency responders in advance of the event. 3) Ensure access to adequate restroom facilities. 4) Ensure compliance with all prevailing sign ordinances governing the event. 5) Required to be on site at the Market during all operating hours. 6) Enforce the rules of the Market and notify required authorities of any violations including the Code Enforcement Department or law enforcement agencies. 7) Actively recruit new producers/vendors to expand the variety or products for sale. 8) Distribute and explain market policies,procedures,rules and regulations. 9) Collect rental fees from vendors and maintain accurate records of payment. These documents are public records pursuant to Ch. 119, Florida Statutes, Florida's Public Records law. 10)Assign vendor spaces. 11)Verify that all vendors distributing food or beverage, whether by sale or donation, have the appropriate food licenses and permits as required under all applicable laws and comply specifically with Florida Department of Agriculture and Consumer Services requirements for food safety. 12)Stress to the 3iendors the importance of high quality,fresh products. 13)Assure the market is operated in a timely and efficient manner and that sales only occur within the established market hours. 14)Settle or prevent disputes among the vendors as well as disagreements arising between shoppers and;vendors. 15)Have a clear procedure in place for any emergencies that may arise. Call law enforcement as necessary. [04P KR-01113/1179491/1] D :L 16)Ensure timely wrap-up and clean up of the event site. 17)Work witha County's designated representative to resolve any issues that might arise pertaining to the event. 18) Maintain compliance with all applicable local, State, or Federal laws including the I applicable actions of the Collier County Land Development Code. 19)Obtain and maintain required local, State,or Federal permits at no expense to the County (see attachmnts"A"and"B"). aN 1 20)Timely provide rental payments to the County. 21)The Community Market Manager may not assign this Agreement, or any part hereof, without prior written approval of the Board of County Commissioners. Any attempt to assign without such approval shall be void. 22)Proof of ins trance satisfactory to the Collier County Risk Management Department is required to he provided at the time of signature. Terms of the insurance are pursuant to requirement set forth in Attachment"C"to this Agreement. I B. Community Market Facility Rental Rules and Regulations: 1) Collier County reserves the right to object to any particnlar Vendor. 2) Vendors mut obtain, display and keep current all applicable federal, state and County licenses, insurance, and/or permits. All Vendors are required to display business names at all times. 3) Food booths must have hand wash sinks,employee(s)must have hair tied back and wear plastic gloves when serving food,according to health code guidelines. } E 4) Sales tax,wlmen required by the State of Florida,is the responsibility of the Vendor. 5) Vendors shall conduct themselves in a professional manner, respect other vendors and customers. Unacceptable behavior includes profanity,throwing items,hawking items,or [04.PKR-01113/1179491/1] 6-4) I `t,W9 Li I. 0 I I make inapp I priate comments or gestures. Clothing worn by vendors and vendors' staff 7 shall not contain profanity or obscene images or words. 6) All product,labeling shall be truthful and accurate and adhere to the requirements set forth by the State of Florida. Any claims such as organic, pesticide-free, origin, gluten free, free range, sugar free, etc.must be substantiated. Any intentional false claims shall be cause for immediate removal from the Market. 7) Under no cicumstance(s)will fireworks of any kind be authorized for sale. 8) The Collier j County Parks and Recreation Director or his designee may direct the Community vent Manager to alter,curtail or eliminate a specific activity determined to I be inappropriate or detrimental to the facility at any time and without prior written no .ce. ! °11 a2e1A7 9) This Community Market Facility Use Agreement(Long-Term) shall terminate on i I There is no right to renewal. 10)Should the Community Manager wish to renew this Agreement,the Community Manager i must request1 a renewal at least 30 days from the end date of the Agreement. Renewal is subject to approval by the Board of County Commissioners at a regularly scheduled Board meeting . 11)There shall lbe no discrimination as to race, sex, color, creed or national origin at 1 Community Market events. C. No Partnership:Nothing herein contained shall create or be construed as creating a partnership between the County and the Community Market Manager or to constitute the Community Market Manager as an agent of the County. D. Cancel or P,stpose a Community Market: Collier County reserves the right to cancel a Community Market event date at the County's sole discretion and without prior written notice. I Parks and Recreation Division events or other Board approved public events shall take precedent over a Community 1 arket. [04.PKR-01113/1179491/11 (11) I 16 0 1 0 E. Termination of a Community Market Facility Use Agreement: This is an at-will Use Agreement terminable by either party with or without cause on 10 days written notice to the other. During the notification period, both parties agree to meet their respective contractual obligations in good faith. The Agreement may be terminated by the County immediately due to any material breach of this Agreement, including, but not limited to, failure of the Community Market Manager abide by the terms and conditions set forth herein. The County shall be sole judge of non-performance. F. Indemnification: To the maximum extent permitted by Florida law, the Community Market Manager shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Community Market Manager or anyone employed or utilized by the Community Market Manager in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Collier County's liability is subject to the limits of sovereign immunity set forth in Section 768.28,Fla. Stat. The parties hereto have made and executed this Community Market Facility Use Agreement (Long-Term). FOR: COMMUNITY MARKET By: ,,,1. .�� % 1; ommunity arket Mana.• [04-PKR-01113/1179491/1] C.) A l6flfl STA lib OF FLORIDA ) )ss COUNTY OF ;c'1-L/E1e-_ ) Before me a notary public, the undersigned authority, personally appeared, ,V "atm 1 S e- ¶%reaszfrUefi ,known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. A.e._ S-�36,2 /?`Z-1-47 -yam'-° SWORN TO AND SUBSCRIBED before me this /_7,,, day of ,2015. �/ 'ii : .'a ' c 7.17.411.--Ctc K ..e4 / / : '" 'i,�►�+±s Notary Public-fihtt of Raid: �/ • ��My Comm.Expiate May 13,2017 / Notary Public .',fr...'' ,_'-'1,.., , A FI EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK COLLIER COUNTY,FLORIDA, - Se.._-0 By: / 1,, ,2,t.A..),,Isc,_ -0-K-M-6-iik, l i/ e-ice /;. ,,J)eputy Clerk Tim Nance I., tt as to Chairman's Chairman F Approved as to form and legality: CLr1s4 1I ' Colleen M. Greene Assistant County Attorney [04-PKR-01113/1179491/1] 16011) Exhibit A Insurance and Bonding Requirements- Long Term Community Market Facility Lease Agreement—Attachment C Insurance/Bond Type Required Limits 1. ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statgtory Limits and Requirements 2. ❑Employer's Liability $ single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $ 1,000,000 single limit per occurrence, $2,000,000 aggregate for ISO form Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations;Independent Contractors; Products and Completed Operations and Contractual Liability 4. ®Indemnification To the maximum extent permitted by Florida law, the Lessee shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Lessee or anyone employed or utilized by the Lessee in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph.This section does not pertain to any incident arising from the sole negligence of Collier County. - • 4. ❑Automobile Liability $ Each Occurrence;Bodily Injury-&Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Airport Liability Insurance $ Per Occurrence noted: bodily injury and property damage ❑ Hangarkeepers Liability $ Per Occurrence per aircraft including premise liability ❑Aircraft Liability Insurance $ Per Occurrence bodily injury and property damage ❑Pollution Liability Insurance $ Per Occurrence bodily injury and property damage ❑Property Insurance—Replacement Cost-All Risks of Loss 6. ® Lessee shall ensure that all sub-lessees comply with the same insurance requirements that he is required to meet. The same Lessee shall provide County with certificates of insurance meeting the required insurance provisions. 7. ►1 Collier County must be named as"ADDITIONAL INSURED' on the Insurance Certificate for Commercial General Liability where required 8. ® The Certificate Holder shall be named as Collier County Board of County Commissioners,OR,Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of Insurance must state the name of the Lease and location of the leased property. Long Term Market Page 1 P 16010 Y 9. El Thirty(30)Da\s Cancellation Notice required- Ljb 5/11/2015 Lessee's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)1 days of the award of this Lease agreement. Nameof Firm 'Sid -4-10V ac S, C- Date 7 — /-6---, 37!3 Lessee Signature /0W ,,Y ,t-ti e I ff Print Name bnn;S L- Ilif rats bu� 1 Insurance Agency —1-1--Y\5 CIA ONOc 6Ct-(,-L C� oIE51 � L' —30 Agent Name fic-kn/ �eV�in air ) Telephone Number' 30 - is Long Term Market Page 1 16010 Aa:mitor CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 0/16/15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT TiffanyLehman NAME Insurance Source Of Naples,Inc. �ti/c°Nr o Ext): (239)325-3030 FAX No): (239)325-3033 2355 Vanderbilt Beach Road#152 E-MAIL -ADDRESS: tiifanyitison1.com Naples,FL 34109 INSURER(S)AFFORDING COVERAGE NAICrr Phone (239)325-3030 Fax (239)325-3033 INSURER A: Covington Specialy Ins Company!Bass Underwriters INSURED INSURER B SW Florida Markets LLC INSURER C: 1320 Remmington Way#12101 INSURER D: Naples,FL 34110 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSR�WVD POLICY NUMBER UBR POLICY EFF POLICY EXP LIMITS (MMIDDIYYYY) (MMIDDTYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.00GE TO _ © COMMERCIAL GENERAL LIABILITY PREMISES(EaENTED occurrence) S 100,000-00 ❑ 0 CLAIMS-MADE ✓❑ OCCUR VBA390888-00 MED EXP(Any one person $ 0.00 A Y N 07/21/2015 07/21/2016 ❑ PERSONAL&ADV INJURY $ 1,000,000.00 ❑ GENERAL AGGREGATE $ 2,000,000.00 _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000.00 ® POLICY ❑ 28i, 0 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 0 ANY AUTO BODILY INJURY(Per person) $ ❑ AUTOS ALL OWNED ❑ SCHEDULEDOBODILY INJURY(Per accident) $ A ❑ HIRED AUTOS ❑ AUTOS NM-OWNED PROPccidI ent Y DAMAGE (Per ace ❑ ❑ $ ❑ UMBRELLA LIAB ❑OCCUR EACH OCCURRENCE $ ❑ EXCESS LIAB ❑CLAIMS-MADE AGGREGATE $ ❑ DED 0 RETENTION$ $ WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY Y/ry TORY LIMBS ❑ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) EL DISEASE-EA EMPLOYE $ Eyes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Additional Insured: Collier County Board of County Commissioners,3327 Tamiami Trail E,Naples,FL 34112 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail E ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05)QF The ACORD name and logo are registered marks of ACORD 16010 COVINGTON SPECIALTY INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. POLICY CHANGES This endorsement modifies insurance provided under the following: ❑ COMMERCIAL GENERAL LIABILITY COVERAGE PART ❑ COMMERCIAL PROFESSIONAL LIABILITY COVERAGE PART ❑ COMMERCIAL INLAND MARINE COVERAGE PART ❑ COMMERCIAL PROPERTY COVERAGE PART ❑ LIQUOR LIABILITY COVERAGE PART ❑ ALL COVERAGE PARTS APPLICABLE TO THIS POLICY Policy Number: VBA390888 00 Named Insured: SW Florida Markets, LLC Endorsement No.: 1 Endorsement Effective Date: 10/16/2015 By:Chris Ueding Collier County Board of County Commissioners is added as an Additional Interest per the attached form CG 2012 Form CG 2012 is added and attached to this policy ® No change in premium El Additional Premium $ ❑ Additional taxes and fees $ El Return Premium $ ❑ Return taxes and fees $ ❑ Total $ All other terms and conditions of this policy remain unchanged. GBA 904001 0208 - __ A n L: „a. 0 POLICY NUMBER:VBA390888 00 COMMERCIAL GENERAL LIABILITY CG 20 12 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Collier County Board of County Commissioners 3327 Tamiami Trail E,Naples,FL 34112 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury', "property damage" or governmental agency or subdivision or political "personal and advertising injury"arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality; or 1. This insurance applies only with respect to b. "Bodily injury" or "property damage" operations performed by you or on your behalf included within the "products-completed for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these However: additional insureds, the following is added to Section III—Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we by law;and will pay on behalf of the additional insured is the b. If coverage provided to the additional amount of insurance: insured is required by a contract or 1. Required by the contract or agreement;or agreement, the insurance afforded to such additional insured will not be broader than 2. Available under the applicable Limits of that which you are required by the contract Insurance shown in the Declarations; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2012 04 13 0 Insurance Services Office, Inc.,2012 Page 1 of 1 1 .4.1' n 1 0 , 6 „,,,,x.Co,":” JEFF ATWATER CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION **CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW** CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law. EFFECTIVE DATE: 10/23/2015 EXPIRATION DATE: 10/22/2017 PERSON: STRAUSBAUGH DENNIS L FEIN: 273501980 BUSINESS NAME AND ADDRESS: SW FLORIDA MARKETS,LLC 1320 REMINGTON WAY 12101 NAPLES FL 34110 SCOPES OF BUSINESS OR TRADE: CONTRACTOR-PROJECT MANAGER, CO Pursuant to Chapter 440.05(14),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.05(12),F.S.,Certificates of election to be exempt...apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to Chapter 440.05(13),F.S.,Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS?(850)413-1609 16 0 1 0 ..� UM.., .m rI '''s- 4:41:_.) �1 1 l'-'11 > K.)I 0 i. ,/ Il d i. , . 11 If j i , Li t, . t rl 1r ' 1 0 --t'LI_ 6: Eill ® i o 1 C'E, `E g 1 pI4 �,E' ., O . . . �. 1. 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N i h 1 " 4 y 1 1 (11 r( ��' l II . .L _- '*- ,-.00 =.o f( Vj� © i/s y• - 1 'wF 1 a 0.®®®tiFAI !iiri' l 0 o r 111 A s 1 1 i w w M u j 1 - x x 1 1 3 i7111 1 £ 1. e $ 1 i g 4 I ; ! 3 t g ; 1 %, ; n ; 1 e It.' r- 3 t 1 k� 1 9 ' I 1 , : a x j1 a It N + 1 6 0 1 0 . „ &NOR co04, r:1;, • •-; CCFNLA:g Ceutified g., roldatid Manager Dennis-Strausbaugh .Adct Mork • 11. SpecialVing In Market Operations,Promotions Consulting and Marketing Services P.O.Box 110762 _ Dennis Strausbaugh Naples,R_34108 239-293-6266 SWFLORIDAMARKETS.COM swfloriaarnarkets@gmail.com A 16010 Attachment A. Certifications for Community Market Vendors. Farmers Market Vendor Certifications in a nut shell: No matter what you're selling-if you're selling it,you're in business. Visit http://www.stateofflorida.com/portal/desktopdefaultaspx?tabid=8 to find out more about collecting state sales tax,proper licensing and more. If you're selling Value Added/Processed Food (bread, jelly, prepared meals, chopped greens) you must (1) have a food permit,(2)prepare the foods in a facility that meets certain state and federal standards and(3)have a certified Food Protection Manager. 1. Mobil Food Vendors can expect to pay a$275 annual fee for their food permit 2. General Requirements for the Manufacturing, Processing, Packing, Holding and Retailing of Foods can be found at https://www.flrules.org/gateway/readFile.asp?sid=0&tid=1035492&type=1&file=5K-4.004.doc 3. Section 500.12 (6) of the Florida Statutes requires the department to adopt rules for the certification of food protection managers. The rule is chapter 5k-4.021 of the Florida Administrative Code. ALL food establishments including mobile vendors permitted by the department must have a certified food manager. If you have questions about the Food Manager Certification Program,please visit https://www.flrules.org/gateway/readFile.asp?sid=0&tid=1035783&type=1&file=5K-4.021.doc AND http://www.doh.state.fl.us/ENVIRONMENT/COMMUNITY/food/foodmanager.htm State contact who can answer additional questions: Aggie R.Hale,Environmental Administrator 3125 Conner Boulevard,Suite H,Tallahassee,FL 32399-1650 email: foodinsp@doacs.state.fl.us Phone: (850)245-5520 I FAX: (850)245-5553 The Division of Food Safety is your best resource on Florida food regulations and licenses. You can visit their website at http://www.doacs.state.fl.us/fs/ If you're selling plants in dirt(nursery plants);you need a Nursery License. Contact Division of Plant Industry in Gainesville 352-372-3505. They will send an inspector out to see your plants and fill out an easy form. Entry level fee is$25. As your nursery stock increases,so does the annual inspection fee. If you want to label your produce as "Organic", it must be certified by an approved certifying agency - but, you're exempt from organic certification if you grow or handle less than$5,000 gross sales from organic produce. However,you must still be in full compliance with the National Organic Program's (NOP)rules and regulations. Florida Organic Growers (FOG) is the state's approved certifying agency in Gainesville 352-377-6345. You will need to document that the land you're growing on has met organic standards for the past three years. Certification fees are based on how many acres you have under organic production. Certification fee for a 0-20 acre plot is approximately$425. Certification for a 200 acre farm is approximately$550. Certification takes 60-90 days and includes an inspection Florida doesn't currently have cost-share program to help pay for the Certification process, but funding may come from the USDA National Organic Program(NOP)to help offset the expense. The FOG maintains a waiting list for cost share funding. Erin Mullane is the Organics expert at the State Department of Agriculture-she can be reached at 850-922-9928. More information can be found at http:/,www.usdagov/wps/portal/!ut/p/ s.7 0 A/7 0 1OB?navid=ORGANIC CERTIFICATIO&navtype=RT &parentnav=AGRICULTURE 16010 If you're selling fresh produce You need a Growers Permit These are free. Simply ask Jim DeValerio to register you as a Grower. His number is 904-966-6224 or email:jtd@ufl.edu If you're selling fresh produce by weight visit http://www.doacs.state.fl.us/standard/weights/infobus.html#guestionl Your scale must be a certain kind and it must be inspected. Otherwise,sell by the bag,basket or handful. "Fresh From Florida"Florida Agricultural Promotional Campaign(FAPC) The FAPC provides an opportunity for Florida's agricultural industry to benefit from a multi-tiered advertising campaign coordinated by the Florida Department of Agriculture and Consumer Services. Those participating in the program are authorized to use a variety of distinctive logos on their promotional materials so that consumers and buyers can easily identify Florida agricultural products. Many retail stores are also using point-of-purchase materials which feature the logo.In addition,radio,television, print and billboard advertising is utilized to promote Florida agriculture and to create a positive image of the Florida farmer. The promotional campaign was authorized by the Florida Legislature in 1990. The Florida Department of Agriculture and Consumer Services was designated to implement the program,following guidelines established by an advisory council The council is composed of producers,shippers,packers,retailers,commodity association representatives and a consumer and Department representative. Benefits of Membership As a participant you will benefit from this multi-media advertising campaign. By placing FAPC logos on your products and packaging, consumers can easily identify and purchase Florida-grown products. Advertising products with the Fresh from Florida and From Florida logos increases consumer awareness of the availability and freshness of Florida products and increases your sales. As a member,you will: • Receive artwork of Fresh from Florida logos to use on products,packaging and promotional items. • Tie-in to supermarket commodity promotions when retailers promote Florida agricultural products in newspaper and home circular advertisements. • Have the opportunity to receive industry trade show assistance at a reduced cost • Receive "Fresh from Florida," the FAPC promotional magazine and directory. These publications serve as communication tools for industry buyers and are distributed by mail and at industry trade shows. • Receive commodity-specific and generic promotional point-of-purchase material. • Receive a 30 x 40-inch aluminum sign customized with your business name. (Benefit available to paid members only) • Receive the monthly Florida Agri-Journal. • Cost$50 Visit http://www.florida-agriculture.com/marketing/fapc membership.htm for more information and an application. 1 6 0 I 0 Attachment B Florida Department of Agriculture and Consumer Services Division of Food Safety February 2014 Adam H.Putnam,Commissioner Cottage Food Legislation Signed Into Law Quick Reference Definitions . not inspected by any erators with general and Cottage Food Operation state government entity. specific information con- means a person who; pro- duces or packages cottage tained in this document. food products at his or her - +,-. Gross sales for a cot- residence and sells such tage food operation Ifyou area prospec-g (� p p products in accordance with ,t ' must not exceed tive cottage food opera- Section 500.80,Florida Stat- utes. ar',°4 $15,000 annually. tor, please take some Cottage Food Product means Products must be sold time to review this guid food that is not a potentially The 2011 Florida Leg- directly by the cottage ance document so that hazardous food as defined islature enacted House food operator to the you are better informed by FDACS rule which is sold Bill 7209 allowingdi- by a cottage food operation Inconsumer. Sales by about cottage food op- in accordance with Section viduals to manufacture, Internet, mail order, con- eration requirements. 500.80,Florida Statutes. sell and store certain signment or at wholesale Residence is defined to mean types of "cottage food" are prohibited. x f a primary residence that is products in an unlicensed '` occupied by an individual Cottage food products who operates a cottage food home kitchen. operation and that contains a must be labeled in ac- t single kitchen with appliances Cottage food products cordance with the re- -A,. designed for common resi- include such items as dential usage. The residence quirements as outlined in may only contain one stove breads, cakes, cookies, Section 500.80(5), Flor- or oven,which may be a candies, jams, jellies, and ida Statutes, and United 1. double oven designed for = non-commercial use. fruit pies. States Code of Federal Regulations Title Part Potentially Hazardous Food "Cottage food opera- 921, means a food that requires tions" as they are called 101time/temperature control for uire no license or safety(TCS)to limit patho- require All cottage food prod- genic microorganism growth permit from the Florida ucts, offered for sale to or toxin formation;An animal food that is raw or heat- Department of Agricul- the general public, must treated;a plant food that is ture and Consumer Ser- be labeled: "Made in a heat treated or consists of raw seed sprouts,cut melons, vices (FDACS), and are cottage food operation INSIDE cut leafy greens,cut tome- that is not subject to Flor- toes or mixtures of cut toma- ida's food safety regula- WHAT TYPE OF FOODS 2 toes that are not modified in a way so that they are un- CANtions." I PRODUCE? able to support pathogenic WHAT TYPES OF FOOD 2 microorganism growth or The FDACS may inves- ARE NOT ALLOWED? toxin formation,or garlic-in- tigate any complaint re- oil mixtures that are not FREQUENTLY ASKED 2 modified in a way so that -i ceived against a cottage QUESTIONS they are unable to support .F food operation. pathogenic microorganism LABELING AND INSPEC- 3 i ''`^ TION REQUIREMENTS growth or toxin formation. The Division of Food 42 Safety is pleased to pro COTTAGE FOOD 4 CONTACTS,WEB LINKS vide cottage food op- AND RESOURCES .S., 41. F1�rida FDACS-P-01765 Attachment B 16 0 1 0 k '"3;€.�>v ,i,:„. °„,, ta ,`.*,,,.: �, ,nt„_, µ.:. .:: Florida Department of Agriculture What Types of Cottage Foods Can I Produce? As a cottage food op- Loaf breads, rolls, biscuits Frequently Asked erator, you are allowed Questions toproduce food items Cakes, pastries and cookies Question: How do I sell my which are considered not Candies and confections cottage food products? potentially hazardous. Honey Answer: You may sell your cottage food products from ,,_, Jams, jellies and preserves your residence directly to the consumer. Sales are also ap- _,.. ‘ Fruit pies and dried fruits I proved at farmer's markets, flea market and roadside Dry herbs, seasonings and mixtures stands. ,,,,, - Homemadeasta p Question: Can I use the inter- '.a L Cereals, trail mixes and granola net to sell my cottage food products? The table (at right) Coated or uncoated nuts Answer: No,the law prohibits sales over the internet, by mail provides a listing of ac- Vinegar and flavored vinegars order,or at wholesale. ceptable cottage food Popcorn, popcorn balls Question: Am I able to de- products. Although not liver my cottage food prod all inclusive, it provides ucts? for most types of ap- "s '- Answer: Yes,you may deliver proved cottage food C your cottage food products products. What Cottage Foods directly to the consumer or to a g specific event venue (wedding, Are Not Allowed? birthday celebration etc.) ' A # Question: Do I need a permit stx or license for my cottage food f Fresh or dried meat or meat products includ- operation? ,u: ing jerky Answer: No,you do not need a state permit or license for +.,;� :el! � �� Canned fruits and vegetables, chutneys, your cottage food operation. xr vegetable butters and jellies, flavored oils, However,you should check hummus, garlic dip, salsas etc. with your city or county for any If you have any ques- Fish or shellfish products requirements they may have.. tions regarding the pro- Question: Is there any limit to duction of a particular Canned pickled products such as corn relish, how much I can earn from pickles, sauerkraut cottage food product my cottageoperation? food o eration? please contact the Raw seed sprouts Answer: Yes,cottage food operators are limited to FDACS's Division of Food Bakery goods which require any type of re- $15,000 in gross sales per Safety, Bureau of Food frigeration such as cream, custard or me- year. It is the operator's re- rind Meat Inspection at rinnna pias nnrl rnkac nr pnctrias with rranm sponsibility to comply with ap (850) 245-5520. cheese icings or fillings plicable laws,rules and regu- Milk and dairy products including hard, soft lotions regarding the collection of sales tax and cottage cheeses and yogurt Question: Can I make pet t `'' '"' :,; Cut fresh fruits and/or vegetables. Juices treats? R' ,-. made from fresh fruits or vegetables Answer: No,the cottage food 4 _ .:;„ Ice and/or ice products law applies to human-grade . ;'.. food only. For more informa- Barbeque sauces, ketchups and/or mustards tion about pet treat licensing please contact the Feed In- 4 , Foccaccia-style breads with vegetables and .---_,f r spection Program at or cheeses (850) 617-7855. Attachment B 1 6 13 I 0 and Consumer Services Florida Labeling Requirements Federal Allergen The cottage food law Labeling Information g predominance by requires specific labeling weight; All cottage food products must be labeled in ac- requirements for the sale • The net weight or net cordance with the United States Code of Federal of cottage food prod- volume of the cot- Regulations Title 21, Part 101. As a cottage food ucts. tage food product; operator, you must identify if any of your ingredi- • Allergen information ents are made from one of the following food as specified by fed groups: eggs, milk, wheat, peanuts, soybeans, fish eral labeling re- and tree nuts. quirements; e: • If any nutritional In the sample label (provided at left) possible 1` a claim is made, ap- allergens are identified as "Contains wheat, eggs, .",`` ? . `.,.. .. ;su propriate nutritional milk, soy and walnuts." This labeling allows con- information as speci- sumers to avoid food which may be harmful to A cottage food opera- fied by federal la- them. tion may only sell cot- beling requirements; tage food products and To obtain additional information you may visit the following website which contains more information which are prepackaged • The following state- regarding federal allergen labeling information: with a label affixed that ment printed in at contains the following least 1 0-point type http://www.fda.aov/Food/LabelingNutrition/ information: (printed in in a color that pro- FoodAllergensLabelina/ English) vides a clear contrast GuidanceComplianceReaulatorvinformation/ucm106187.htm to the background • The name and ad- label: "Made in a Cottage Food Inspections dress of the cottage cottage food opera- food operation; tion that is not sub- Know the Rules... • The name of the cot- ject to Florida's food tage food product; safety regulations." • The ingredients of A sample is shown be- _ The FDACS may investigate any the cottage food low and may assist with complaint received for a cottage product, in descend- developing your cottage ,-„ `t '_ I" food operation. ing order of "'` food product label. If your cottage food operation is the subject of a complaint, you MADE IN A COTTAGE FOOD OPERATION THAT k must allow a FDACS employee or officer in your IS NOT SUBJECT TO FLORIDA'S FOOD SAFETY cottage food operation to conduct an inspection. REGULATIONS The FDACS employee or officer will inspect your Chocolate Chip Cookie cottage food operation to determine compliance with applicable laws, rules and regulations. 1 Ashley Christopher Bryant Safety If you refuse to allow a FDACS employee or of- 1019 Food Drive 1 Tallahassee,Florida 32399 n �, ficer to inspect your cottage food operation, the $ �. }` FDACS may take disciplinary actions which may 1 Ingredients.Ehrlc`hed flour(Wheat flour,niacin,reduced iron,thiamine, mononitrate,riboflavin and folic acid),butter(milk,salt),chocolate chips include a $5,000 fine. t(sugar,chocolate liquor,cocoa butter,butterfat(milk),Soy lecithin as an emulsifier),Walnuts,sugar,eggs,salt,artificial vanilla extract,baking More information is available on page four of soda, this publication. Contains:wheat,eggs,milk,soy,walnuts Net Wt. 3 oz Attachment B ,' 11 State Agency Contact f'-''. .e,7'S'� ..w- - � A cottage food operation must comply with all applica- Can 1 Sell My ble county and municipal laws and ordinances regulating Cottage Foods to the preparation, processing, storage and sale of cottage food products. Below is a listing for state agency re- Restaurants? sources who may assist you in answering any questions regarding cottage foods: Cottage food opera- tors are not allowed to FDACS of Agriculture and Consumer Services sell their cottage food Division of Food Safety products to local restau- (850) 245-5520 rants or grocery stores. http://www.freshfromflorida.com/ These types of sales are considered "wholesale" and are not allowed un- der the law. Cottage food opera- Be sure to check with your local municipal, city or county tors must sell their cot- government for additional requirements! tage food products di- rectly to the consumer. \ Documents and Publications = w. Fl day The following websites provide additional information y relating to food safety and subsequent requirements as well as the cottage food legislation: Can I Make Salsas or Barbecue Sauce? United States Food and Drug Administration Processing of low acid 2009 Food Code foods by retort canning http://www.fda.qov/Food/FoodSafety/RetailFoodProtection/FoodCode/ or processing of acidi- FoodCode2009/ fied foods is not al- Cottage Food House Bill 7209 lowed by a cottage http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx? food operator. Billld=46868&Sessionld=66 These types of prod- Chapter 500; Florida Statutes ucts must be commer- http://www.leq.state.fl.us/Statutes/index.cfm? cially processed to en- App mode=Display Statute&URL=0500- sure sterility under con- 0599/0500/0500Contentslndex.html&StatuteYear=2010&Title=%2D% ditions of non- 3E2010%2D%3EChapter%20500 refrigerated storage and distribution. Food Allergen Labeling and Consumer Protection Act of 2004 http://www.fda.gov/Food/La belingNutrition/FoodAllergensLabelinq/ Typically, canning or GuidanceComplianceRegulatorylnformation/ucm106187.htm processing acidified foods are done in a state permitted facility.