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Backup Documents 07/07/2015 Item #16D11 1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 0 1 1, 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. 2. Jeff Walker Risk Management 9-t" 3. Colleen Greene County Attorney Office cm 4. BCC Office Board of County N 7 V / Mk\` \'5 5. Minutes and Records Clerk of Court's Office 11112 15 3'. sa'Pni PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additio or missing information. Name of Primary Staff Natali Betancur Phone Number 239-252-4059 Contact/ Department Agenda Date Item was 07/07/15 Agenda Item Number ` . Approved by the BCC t L=b-l Type of Document Agreement Number of Original 1 Attached Documents Attached PO number qr account number if document is G---- 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? <n,\<_____ NB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 Q1- 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 07/07/15 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 Ike 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 16011 MEMORANDUM Date: November 13, 2015 To: Natali Betancur, Operations Analyst Park & Recreation — Beach & Water From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Collier County Parks & Recreation Community Market Facility Use Agreement (Long-Term) w/Golden Gate Community Market Attached for your records is a copy as referenced above, (Item #16D11) approved by the Board of County Commissioners on Tuesday, July 7, 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 252-7240. Thank you. Attachment 16D11 Collier County Parks and Recreation Community Market Facility Use Agreement(Long-Term) This Community Market Facility Use Agreement(Long-Term),is entered into on An to r by and between tt � iereinafter "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 Cr C-0—\C ._. t`\x-N:N�N° Market Manager SL � a\.f Telephone and cell phone -4.2S-d.0 - / 'stc -SA 1- CC Mailing Address Email Address Market Dates l-' Market Times Market Location n � L VQ\ V \L�� Specific location within \∎10 -� park Q t `r`� ■ �'C'� `•r-1 C--\ OAR ��f , Number of vendors (maximum/minimum) Types of items to be sold 9,� including whether any `t ONO items are prohibited. ) (Fireworks are always � �P+< �.G-NC SZ� 9 prohibited.) \ y, Q- t�ata 0,0 Negotiated contract rate. Payment due at signature. 400 . -r-- \�. te [04- !1'3yT 9 441/1] 16011 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 vendors 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. f04-PKR-01113/1179491/1] CA 16011 16)Ensure timely wrap-up and clean up of the event site. 17)Work with the 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 applicable sections of the Collier County Land Development Code. 19)Obtain and maintain required local, State, or Federal permits at no expense to the County (see attachments"A"and"B"). 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 insurance satisfactory to the Collier County Risk Management Department is required to be provided at the time of signature. Terms of the insurance are pursuant to requirements set 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 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. 4) Sales tax,when 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] Cr, 16011 make inappropriate comments or gestures. Clothing worn by vendors and vendors' staff 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 circumstance(s)will fireworks of any kind be authorized for sale. 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 notice. 9) This Community Market Facility Use Agreement (Long-Term) shall terminate on There is no right to renewal. 10)Should the Community Manager wish to renew this Agreement,the Community Manager must request 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 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 an agent of the County. D. Cancel or Postpose 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. Parks and Recreation Division events or other Board approved public events shall take precedent over a Community Market. [04-PKR-01113/1179491/11 1601. 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 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: COMMU By: �'. 110 1Y Co rt ! N n et Manager 104-PKR-01113/1179491/1] cy 1 6 0 11 STATE OF FLORIDA ) ) ss COUNTY OF ti F- L 2 ) Before me a notary public, the undersigned authority, personally appeared, 1-OSE,?'I I4 12-K A to ct.) , 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. SWORN TO AND SUBSCRIBED before me this day-of W , 2015. otary 'u s lic Signature :.,*I Comm ss on #FF 229744 P07 Expires MaY o p r;,( Bods, imYF.�'"' A0 '° - Notary Public Name - Typed, Printed or Stamped ATTEST:. BOARD OF COUNTY COMMISSIONERS DWIGHT:E BRONCLERK COLLIER COUNTY, FLORIDA, tit By Att as to Chairman'el pop 1- k Tim Nance signature Only. Chairman Approved as to form and legality: I` / � ^ Colleen M. Green Assistant County Attorney [04-PKR-01113/1179491/1] CD 16011 A Rn CERTIFICATE OF LIABILITY INSURANCE DATE HA ) 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: It the certificate holder is an ADDITIONAL INSURED,the poiicy(fes) 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 NAME: Jaime Austin 4 Corners Insurance PHONE No,Esti. (863)420-6995 (ADC. FAX I „.1, (863)420-6996 A . 45713 HIGHWAY 27 E ra^n airne 4cornersinsurance.com AGDRE55. INSURERS)AFFORDING COVERAGE NAIL DAVENPORT FL 33897-4548 )NSURER A: WESTERN HERITAGE INSURANCE COMPANY INSURED INSURER 8 CLOCKS&KEYHOLDERS,INC INSURER C INSURER D 3660 20TH AVE SE INSURER E; NAPLES FL 34117-5577 INSURER E 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 ADDL SUER POLICY EFF POLICY EXP I TR TYPE OF INSURANCE INSD WW1 POLICY NUMBER IAMAIDWYYYYI LMMS)D/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1.000,000 DANAGtYORENIt:U 100000 CUJMS-MADE OCCUR PREMISES(Pa omnMnl S MED EXP(Arty awe Ramon) $ 5,000 Y SCP1507581-01 12/31/2014 12/31/2015 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000.000 POLICY! j TER& LOC PRODUCTS-COMP/OP AGO S 1,000,000 AUTOMOBILE LIABILITY C CME)NEC SH:r_.t E;170' $ Ire arc len11 ANY AUTO BODILY W,A/rV(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS AUTOS AEON-OWNED :ROPE WIN DAM:■::t HIREDAl1 S e.ac�aay) UMBRELLA USE occu 7 EACH OCCURRENCE S EXCESS UAB C(_AIMG,MADE AGGREGATE S DED RETENTIONS S WORKERS COMPENSATION PER S MAMMY AND EMPLOYERS' Y Y 1 N ATUTE- . FR ANY PROPRIETORIPARTNERIEXECUTIVE • N/A EL EACH ACCIDENT._ Z.. OFrIrf ft.Sdrt!I•cr EXCLUDED? (Mandatory In NH) E L DISEASE-EA EMPLOYEE S I!yyrs dcsaue nndrr _.______. IIt i1-cakn. EL DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remotes Schedule,may De attached X more space Is required) 4701 GOLD GATE PKWY NAPLES.FL 34116-6901 11725 COLLIER BLVD NAPLES,FL 34116-6901 3300 SANTA BARBARA BLVD NAPLES,FL 34116-6901 ADDITIONAL INSURED:COWER COUNTY BOARD OF COMMISSION 3327 TAMIAMI TRAIL EAST NAPLES,FL 34112. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COLLIER COUNTY BOARD OF COMMISSION ACCORDANCE KITH THE POLICY PROVISIONS. 3327 TAMIAMI TRAIL EAST AUTHORIZED REPRESENTATIVE NAPLES FL 34112 (\ A\ { ,s 1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 16011 100% - I 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' NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law EFFECTIVE DATE: 10/29/2015 EXPIRATION DATE: 10/28/2017 PERSON: RAKOW NEOMI K FEIN: 901004119 BUSINESS NAME AND ADDRESS: CLOCKS AND KEYHOLDERS.INC. 3660 20 AVENUE SE NAPLES FL 34117 SCOPES OF BUSINESS OR TRADE: BUILDINGS-OR PROPERTY MANAGUA Paxar to Chapter 440 OS 1p F S andhcer a a caporAwn who cede arenpba',porn(Ns chapter biking a cenec:a et elecIton under the Section may not recover beefier or canpensatonosier be caplY Pursuant to Chapea 40 ON 12)F S Catecaes d elect=to be exempt aWY pray warn by scope of he bdEUESS Cr trade lws a on the caeca ddector to be exempt Pursuer to Chapter 4400S 13)F S.NOCds COemat to to aroma ad aerebcaes dekVon m to exempt shall be shgect to reawaken d at any time after He fierg a M nonce a The magaate tithe eereficate the person mama on the race o caoficec no lager meets the rep,renets d the section W eaace of e cerl4aao The department stet revoke a DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS?1850)413-1609 https://apps8.fldfs.com/crreport... October 30, 2015 16011 Exhibit A Insurance and Bonding Requirements- Long Term Community Market Facility Lease Agreement—Attachment C Insurance/Bond Type Required Limits 1. Z Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory 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 S 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. 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 Marker Page 1 16011 9. ® Thirty(30)Days 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)days of the award of this Lease agreement. n Name of Firm l_.f OE t L16 a O j(i e13 j )P j, Date /' Q&1 L'Lf Lessee Signature [ t,C 4 A AP Print Name . ..e o t"' ( 1 Insurance Agency 1- eA !t e j ✓ D2- /n o' ! fi Agent Name xai i/i cc/ 0 i c.1izl Telephone Number8bS %/4_71 Z, 95 Ni 0'-lri C, 41'4617/11 Long Term Market Page 2 Attachment A. 1 6 0 1. 1 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.comJportal/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=5e4.004doc 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:J/www.dokstate.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.statefLus/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/portalj!ut/p/ s.7 0 A/7 0 1OB?navid=ORGANIC CERTIFICATIO&navtype=RT &parentnav=AGRICULTURE 16011 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 utilised 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. Asa 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 16011 Florida Department of Agriculture and ' " __ 4 Consumer Services Division of Food Safety February 2014 Adam H.Putnam,Commissioner al Cottage Food Legislation Signed Into Law Quick Reference Definitions not inspected by any erators with general and Cottage Food Operation >.. means a person who pro- state government entity. specific information con- :It—fir', . duces or packages cottage`' tained in this document. ` i< «L food products at his or her Gross sales fora cot- 1 , 1.,%*, residence and sells such tage food operation If you are a prospec- products in accordance with rn ,. ',, nF must not exceed tive cottage food opera- Section 500.80,Florida Stat- ,r* •'. { utes. $15,000 annually. tor, please take some Products must be sold time to review this guid- Cottage Food Pro food means 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 by FDACS rule which is sold food operator to the you are better informed Bill 7209 allowing indi by a cottage food operation g consumer. 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. , - a rohibited. a primary residence that is « �' occupied by an individual products in an unlicensed who operates a cottage food Cottage food products operation and that contains a home kitchen. p must be labeled in ac- single kitchen with appliances Cottage food products cordance with the re- i► t Lir= designed for common resi- dential 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 �`, double oven designed for fruitpies. Y non-commercial use. p States Code of Federal Potentially Hazardous Food "Cottage food Regulations Title 21, Part means a food that requires opera- tions" as they are called 101. time/temperature control for safety(TCS)to limit patho- require no license or All cottage food prod- genic microorganism growth or permit from the Florida ucts, offered for sale to food toxin that is raw or heAn at- Department animal � _______ food that is raw or heat- Department of Agricul- the general public, must I --- ---- 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 INSIDEcut leafy greens,cut toma- a -. that is not subject to Flor- toes or mixtures of cut toma- toes that are not modified in ida's food safety regula- WHAT TYPE OF FOODS 2 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 tigate any complaint re FREQUENTLY ASKED 2 modified in a way so that ceived against a cottage QUESTIONS they are unable to support food operation. LABELING AND INSPEC- 3 pathogenic microorganism TION REQUIREMENTS growth or toxin formation. The Division of Food Safety is pleased to pro- COTTAGE FOOD 4 CONTACTS,WEB LINKS , 1 > vide cottage food op- AND RESOURCES F __ F1� .a5 '• FDACS-P-01765 Attachment B 16011 ., 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,beans, fish eral labeling re- and t ree nut s. ``•`^ quirements; - "4,4, ' • If any nutritional In the sample label (provided at left) possible claim is made, ap- allergens are identified as "Contains wheat, eggs, '' , �;; 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 which are prepackaged The following state following website which contains more information 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.aov/Food/LabelinaNutrition/ information: (printed in in a color that pro- FoodAllergensLabelina/ English) vides a clear contrast GuidanceComolianceReaulatorylnformation/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 --;.'—ii,:,?', complaint received for a cottage product, in descend- developing your cottage - food operation. in order of p g Y g g food product label. _ If your cottage food operation is the subject of a complaint, you MADE IN A COTTAGE FOOD OPERATION THAT 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. Ashley Christopher Bryant 1019 Food Safety Drive If you refuse to allow a FDACS employee or of- Tallahassee,Florida 32399 ficer to inspect your cottage food operation, the FDACS may take disciplinary actions which may Ingredients:Enriched flour(Wheat flour,niacin,reduced iron,thiamine, include a $5,000 fine. mononitrate,riboflavin and folic acid),butter(milk,salt),chocolate chips (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 16011 .. Florida Department of Agriculture What Types of Cottage Foods Can I Produce? As a cottage food op- Frequently Asked g p- Loaf breads, rolls, biscuits erator, you are allowed Questions Cakes, pastries and cookies to produce food items 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 p proved at farmer's markets, Apil Dry herbs, seasonings and mixtures flea market and roadside - - stands. Homemade pasta Question: Can I use the inter- °- 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- 1 i 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, . Are Not Allowed? birthday celebration etc.) Question: Do I need a permit F" — It 41* or license for my cottage food Fresh or dried meat or meat products includ- operation? 1 ing jerky Answer: No,you do not need 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 cottage food product pickles, sauerkraut my cottage food operation? 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- and Meat Inspection at ringue pies and cakes or pastries with cream 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 Cut fresh fruits and/or vegetables. Juices Q ats�n: Can I make pet i. .. ' made from fresh fruits or vegetables Answer: No,the cottage food Op,' 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- Foccaccia-style breads with vegetables and/ spection Program at _ _ or cheeses (850) 617-7855. Attachm n B 1DI1 State Agency Contact L t _ A cottage food operation must comply with all applica- Can I Sell My ble county and municipal laws and ordinances regulating Cottage Foods to the preparation, processing, storage and sale of cottage IINI food products. Below is a listing for state agency re- Restaurants? sources who may assist you in answering any questions MIIIII 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 Fresh td The following websites provide additional information -= - relating to food safety and subsequent requirements as __—=-well as the cottage food legislation: _ Can I Make Salsas or Barbecue United States Food and Drug Administration Sauce? 2009 Food Code Processing of low-acid http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/ foods by retort canning FoodCode2009/ or processing of acidi 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.leg.state.fLus/Statutes/index.cfm? dally 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/LabelingNutrition/FoodAllergensLabeling/ Typically, canning or GuidanceComplianceRegulatorylnformation/ucm106187.htm processing acidified foods are done in a state permitted facility.