Agenda 01/12/2016 Item #16D 9 1/12/2016 16.D.9.
EXECUTIVE SUMMARY
Recommendation to approve a Long-Term Community Market Agreement with The Florida
Department of Health in Collier County to provide a Community Market at the Collier County
Government Center(no fiscal impact).
OBJECTIVE: To provide Government Center employees, visitors to the Government Center
and area residents a long-term Community Market in compliance with Board direction.
CONSIDERATIONS: The Collier County office of the State of Florida Health Department has
operated a Community Market in Parking Garage 2 of the Government Center complex for the
past few years. The Government Center Community Market is held from 11 a.m. to 2 p.m. every
Friday, excepting holidays.
In June 2015, the Board approved long-term and short-term Facility Use Agreements for
Community Markets. Staff has prepared a Long-Term Community Market Agreement for the
Health Department to assure the Government Center Community Market is conducted in
accordance with the Board-established communitywide standards. The term of the agreement is
through June 30, 2016.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact with
this item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign a Long-Term Community Market Agreement with The Florida Department of
Health in Collier County to provide a Community Market at the Collier County Government
Center.
Prepared by: Amanda Townsend, Director, Public Services Operations and Veteran Services
Division
Attachments: 1) Long-Term Community Market Agreement with exhibits A, B, and C
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1/12/2016 16.D.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.9.
Item Summary: Recommendation to approve a Long-Term Community Market
Agreement with The Florida Department of Health in Collier County to provide a Community
Market at the Collier County Government Center(no fiscal impact).
Meeting Date: 1/12/2016
Prepared By
Name: CarrLisa
Title: Grants Coordinator,Community&Human Services
12/14/2015 11:04:50 AM
Submitted by
Title: Grants Coordinator,Community&Human Services
Name: CarrLisa
12/14/2015 11:04:51 AM
Approved By
Name: TownsendAmanda
Title: Division Director-Operations Support, Public Services Department
Date: 12/14/2015 11:29:27 AM
Name: CarnellSteve
Title: Department Head-Public Services, Public Services Department
Date: 12/15/2015 7:27:52 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/15/2015 10:53:53 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/16/2015 11:10:49 AM
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1/12/2016 16.D.9.
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 12/17/2015 11:52:31 AM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 12/27/2015 11:31:42 AM
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Collier County Parks and Recreation
Community Market Facility Use Agreement(Long-Term)
This Community Market Facility Use Agreement (Long-Term), is entered into on November 3,
2015 by and between Florida Denartmgpt of Health in Collier County (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 Florida Department of Health in Collier County
Market Manager Stephanie Vick,M.S.,B.S.N.,RN
Administrator
Telephone and Cell Phone Designated Representative: Deborah Chesna
(239)252-2594 Office
(716)912-2324 Cellular
Mailing Address 3339 E.Tamiami Trail,Suite 203
Naples,Florida 34112
Email Address Deborah.Chesna®fthealth.gov
Market Dates Occurs weekly every Friday throughout the year
(with the exception of holidays)
Market Times 11:O0am-2:OOpm
Market Location Collier County Government Complex
Specific Location within Park First floor,Courthouse Parking Garage
Number of Vendors(maximum/minimum) Maximum: 25/Minimum: 15
Types of items to be sold including whether any Produce,food vendors,services,
items are prohibited.(Fireworks are always homemade/handcrafted items
prohibited.)
Rental Rate Negotiated contract rate. Payment due at signature.
104-MR-01113M 179491/11
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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.
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.
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.
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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 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 County, State, or Federal
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
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 circumstances)will fireworks of any kind be authorized for sale.
(04-PKK-011 t 3/1 1 7449 111 i
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8) The Collier County Parks and Recreation Director or his designee may direct the
Community Events 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 June
30.2016. 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 Community Market Manager or to constitute the Community Market
Manager as an agent of the County.
D. Cancel or Postpone 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.
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 to 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
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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,Florida Statutes.
The parties hereto have made and executed this Community Market Facility Use Agreement (Long-
Term).
FOR: CO I MARKET
BY: r ,, _ i iM
Stephanie Vick,M.S.,B.S.N.,RN
Administrator
Florida Department of Health in Collier County
Community Market Manager
(04-PKR.o!1 1311 1 794 9 111]
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STATE OF FLORIDA )
)ss
COUNTY OF COLLIER )
Before me a notary public the undersiped authority,personally appeared, c•-'r - r it ' 1,1'
known to me(or satisfactory proven)to be the person who name is sithsciibed to the within instrument,
and acknowledged that helshe executed the same for the purposes therein contained.
,:jid(_
c..
1
SWORN TO AND SUBSCRIBED before me this 2 dayot iiii.;:nif,le 1 ,2015.
---
ç Pupae Signature
KRISTINE IMUSSA GAJOS
[ '
iii.. i Commiske 9 FF 1193743
A;'' lialmillintiveliftmeil0.1114111
Notary Public Name—Typed,Printed,Stamped
ATTEST: BOARD OF COUNTY CO1VIMISIONERS
DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA,
BY:
,Deputy Clerk Tin Nance
Chairman
Approved as to form and legality:
Colleen M.Greene
Assistant County Attorney
(04-PKR•Ot I II 11794914j
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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/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=1&file=5K-4.021.doc AND
http://www.doh.state.fl.us/ENVIRONMENT/COMMUNITY/foodifoodmanager.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.fLus
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.fLus/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
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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#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(FAPC1
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.
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Exhibits 1/12/2016 16.D.9.
Florida Department of Agriculture and - }-}_ :y:
onsumer services Division of Food Safety
February 2014
Atom H.Putnam,Commissioner
Cottage Food Legislation Signed Into Law , .-:
9 9 9
not inspected by any erators with general and :.. ge. oodOpe:daio .:'; : .
state government entity. specific information con- means a 5OY1 who two-
ducesor packages cottage;
Gross sales for acot- tamed in this document. fwd pr at his or lei': :.:
,, residence mud sells such
tage food operation If you are a prospec- accordance wlth
. "'.--. must not exceed live cottage food opera- tion 50080.,FloridaStat,....
4, - $15,000 annually. tor, please take some `: ::.:::.:.:. ::.. .:..:.. :
Products must be sold time to review this Quid- - #St0 �``is o °pGe tin
The 2011 Florida Leg- :ifipod.frutiis;�ar-oPQtn>gll�. :.:
9- directly by the cottage once document so that hazardous food as defined
islature enacted House food operator to the you are better informed ' =by` CS rule whic..h s sold .:: .
Bill 7209 allowing indi- consumer. Sales by about cottage food o fiy Istottagefz�odaperaTlon
y 9 p- ::.:Jrt:.ti�stddr�:ibtitlt::SectJon. .
viduals to manufacture, requirements. ,la:...... ....... .
Internet, mail order, con- eration re uirements. =__`���C�'hQ-�k?ridaSYAtiites:;:-' ..:
sell and store certain si nment or at wholesale I`R.sid n►c s def ned toy eaF, :'
9 -
types of "cottage food" are prohibited. ; - pr0riarrlesl00.!, lthatls
products in an unlicensed 1 wfiocperat an conagef
+ aarfltas a cona fc.r0
Cottage food products z `
home kitchen. apetbtron and that contains a
must be labeled in ac- r
.stagle'ftitchen w,tltcppi�aRt
Cottage food products cordance with the re- : designed for common°resi
include such items as quirements as outlined in tntat�usa on in nestove-
breads,cakes, cookies, Section 500.80(5), Flor- o' M?hicm %.:*Y' !-::...:
candies, jams, jellies, and ida Statutes, and United .dautble-ovendsslgnedfor:•,.:.; ,,
fruit pies. States Code of Federal - � R!�rctall,se, , !';,..-:: ;'
g p
Regulations Title 21, Part �oterdtq'ItrNo:atdous#and
"Cottage food o era- g , m mans a food that requi es
lions" as they are called 101• aim'eJan!i rpturecontrol,for;;..:
y .;sofrt}'(T S)to:;limit pattio :.:r
require no license or All cottage food prod- aenjr'ni oorganhsm growth ; .
ar toxin farmatom,tAn animal
permit from the Florida ucts, offered for sale to i: :foodthatis wor.aeat ;. : ..:
Department of Agricul- -"..:: ..>7-, >t..
P 9 the general public,must "� trrat +�a�ianr#ootl this is: `;
ture and Consumer Ser- be labeled: "Made in a ;. ?j; *dl�or ?iists;;of;:,:.`
vices (FDACS), are ::.:4091.ed sprouts,c it iselons. .:
j ) cottage food operation INSIDE ,. ,c deaf greens,.cuttana-. .::
that is not subject to Flor-
•
iotes' "lxt ures'of a t toma' ` "
• ida's food safety regula- WHAT TYPE OF FOODS 2 tabs th so tha bdt moll€led In
tr CAN I PRODUCE. °+' :: `:' ::
lions. 4::;?s i6 a support;:000.r.. 1:.....::!.1.,
2 m roar�'aii m:::.::..:::: 4C:-..:.:.
WHAT TYPES OF FOOD ...�_..:.::• �._.y.,.._............
The FDACS may inves- ARE NOT ALLOWED? =jtoxi formation,or.:•garl ii: �
tig ate any complaint re- Ailm.WilestlUit:0enot.
FREQUENTLY ASKED 2 tntaclifiYdarra wayut} . .....
ceived against a cottage QUESTIONS ;: .Ylare€ ;cate;to support.. :.`
food operation. p�enic micron rganism '
P LABELING AND INSPEG 3
TION REQUIREMENTS `: 40.4,fO!III iQ[J;`:: :':is
The Division of Food
COTTAGE FOOD 4 :.
Safety is pleased to pro- .:.::.::.:.::.>.;:::!: :. ::::. ..:�::.;;-: ;:
CONTACTS,WEB LINKS \ I f
vide cottage food op- AND RESOURCES
-
... _. 6 y
FDACS-P-01765
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Florida Department of Agriculture
What Types of Cottage Foods Can I Produce?
As a cottage food o 400010 i-Asked
9 P- Loaf breads, rolls, biscuits , .;:..
erator, you are allowed Questions
to produce food items Cakes, pastries and cookies :::;a•::;i,.
_;i on How„di l sell m,+y.:;
which are considered not Candies and confections = e= odproductsi?:.:;::::::
potentially hazardous. Honey 'A `n`_Y May sell you
WOO food prod s from:
Jams, jellies and preserves 'yairre lidenee directly tii ill e•
'. consbtoet. des are Quo ap-
_;.. Fruit ies and dried fruits
P prxtveid-Safi_..,rmer's m.,ai�ts, `
-- Dry herbs, seasonings and mixtures
fTatt s aikej n oat stila
_ . ._ stands.,_ _•= ...:
:,v:__:-.::__;:.:.:::••: .::: ...::..:..:.i..._::::..
.::a-=. Homemade pasta
:**10:sll cottagefood!` ::
Cereals, trail mixes and granola :.:.... : ..
The table (at right) Coated or uncoated nuts : Surer;; No'the.:laiw proh its:.:.
:safes= v!er t 0-40 t bj mail
provides a listing of ac- Vinegar and flavored vinegars 'order;or; r ;.. .i nle:? ::'' ” ':.
ceptable cottage food
Popcorn, popcorn balls C,3uettionp__.AOj_ha6tSi0.: .,: .:`
products. Although not lin er°n ysco, g Food prod-
all inclusive, it provides
for most types of ap- � � �s r-tir you-----,:••• •:,ye eliver:
proved cottage food your cottage: `pr ':`..
products. What Cottage Foods ctly o e ouer oo a
specific-event venue twedding,.
yt 'q
Are Not Allowed? day cellebratkn eto
_4 ' !•,
0e01am fio�tneiki.tr perr0
rx or lic.nsefor'my cottage food.
Fresh or dried meat or meat products includ- opgrotion?
ing jerky Answer: lo,y,u dg:not d
F a r Canned fruits and vegetables, chutneys,
a Late perm -fir license-for
r . your cottixpe°food operation•
vegetable butters and jellies, flavored oils,
w r -cfor'hummus, garlic dip, salsas etc. with yo u or onty. '
any
If you have any ques- Fish or shellfish products : equiten tints, ymay have .
tions regarding the pro- estioni'Is th re an'y..imit:.to
Canned pickled products such as corn relish,
duction of a particular ow mu0411:0 lea r:filiOf.; : :
pickles, sauerkraut
cottage food product iiiii4nai0044..t uperaiigrr .
please contact the Raw seed sprouts A iswer Yes cottage food;_;°::
FDACS s Division of Food Bakery goods which require any type of re
Safety, Bureau of Food frigeration such as cream, custard or me- ear>t Is t e ope ator'see
Ylt '; Ix�st -oparc+tar':.;:;re= °.:
and Meat Inspection at ringue pies and cakes or pastries with cream spcesibiilty'; c wit op:-:°
(850) 245-5520. cheese icings or fillings aliba bleiaws,.rules acid regu :.
Milk and dairy products including hard, soft
#atio s reg trdii g the;collection
and cottage cheeses and yogurt
Question; n l make pet
i}, Cut fresh fruits and/or vegetables. Juices treats`~ -
made from fresh fruits or vegetables .'44:0 1 _eottoge;food:=
Jow o lies tohuman
Ice and/or ice products Pp gtiaa
r food only r more tnforma
... , :..',,•-, Barbeque sauces, ketchups and/or mustards tion about pet-treat,licensing :_
le breads with vegetables and 00 °t�1e Eased in
Foccaccia-style Y g / -s fse loo,PmotOn+o
or cheeses (850)617-7855.;_.. ;:.
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r
nnnd 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 cat- Regulations Title 21, Part 101. As a cottage food
ucts.
loge 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
i"�"""''' eral labeling re-
zr ,.. and tree nuts.
quirements;
• 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- tied by federal Ia- them.
tion may only sell cot- beling requirements;
tags 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 10-point type hrrp://www.fda.aov/Food/Lobe
linaNutritior,�
information: (printed in in a color that pro- FoodAllergenslabeitngJ
English) vides a clear contrast GuidanceComalianceReaulator�information/ucm106)87.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- Knave the Rules...
• The name of the cot- ject to Florida's food
tags food product; safety regulations."
• The ingredients of A sample • shown be- The FDACS may investigate any
the cottage food low and may assist with �= complaint received for a cottage
product,
• descend- developing our cottage ""` food operation.
• order of P g y '"'' `.
g food product label. If your cottage food operation is
the subject of a complaint, you
1 t i " ► iE OOD:l � IC3 T[�I t3" must allow a FDACS employee or officer in your
1 •a � t► a i� � • cottage food operation to conduct an inspection.
g;; _
��•E�tLllti� 1ON -
•y . ?• The FDACS employee or officer will i sped your
cottage food operation to determine compliance
with applicable laws, rules and regulations.
sA4st r-Chnsiiitii r B tt
O19Food afetY If you refuse to allow a FDACS employee or of-
'` Iefaaeeie fiver to inspect your cottage food operation, the
li i w
may t k disciplinary n which may
FDACS act o s ch FD CS a a e
P
Y Y
In redients5 i uiohedllour(V heattlbitr aci reed[ d fin thiamine, = include a $5,000 fine.
mcnonittate nboflavirt and folic ack .butter(milk,salt).chvs�:ei
(sugar raocgtate liquorxcocoabutter,butterfat( ilk) � : More in is available on page
four of
ar is r)i:rvatnuts ra: ! t..aiiiaal vanilla ,� p 9•.._.-._.:._... :._.m-:,::::,:-.a :::: :!;: :.ii:.0 E ::,:it i:i.ue:.„.:...:::.::::.'7,?rs
soda. :::::::.:: i.:: _.._.. ,...:.........:::.:::::i,:::::::: -•::::::::.:.:::•,....:....:.gii:1. ;r °i? this ublication.
ontains:wheat, �` .s '�ieiliitits ss I i ueM ii
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State Agency Contact
- m„, _ __=-.- _ _. :_ .__. - ._
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01
- A cottage food operation must comply with all applica-lica-
•-° "'.'' : : ble count and municipal laws and ordinances regulating :`i.1:; " "`''- '_':�:: :-:°:;::.
''the pre aration, rocessin , stora a and sale of cottage :lairdi ::;:..:::;_::::...::: :
P P g 9 ��....:...
:
_ food products. Below is a listing for state agency re- _ ;;':::.:.::...: t'tYl1l....,..:;
.-: P g 9 Y
` :.: P sources who may assist you in answering an questions:�F y s y u any q -- <:.�...;
regarding cottage foods: *:food 0 tom::.:''
=t E�S:?trimC:14 w,d4Q
L':ihi =�ttage c
FDACS of Agriculture and Consumer Services -.._.-=_;_;:::;:-�:::�::.,:...... .... ;
Division of Food Safety �-prodt ;t!o'l 3 i;resau
(850) 245-5520 'i rants or grocery stores.:::
hfto://www.freshfromflorida.cotn/ types i *'es a'e
Be sure to check with your local municipal, city or county gl 'ssel)_their cot-•....
government for additional requirements! 1ta food products_d :
... ...
.:: . :to e:c.;.nsumer:.:: ::
Documents and Publications A s h
.ate,.
The following websites provide additional information �:_._:_l__._._.„,__,._,.:. * •�•r . r_ ,, :: :: : .. .
relating to food safety and subsequent requirements as
well as the cottage food legislation: Can' :.
. ��t �DiSCa1S
ise,
United States Food and Drug Administration -
,
2009 Food Code =` � _i: f low-acid:.: ::
_Foa. = . atg* tj htto://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/ -� ;a:t:: fi---
=: t r s %g r di=
FoodCode2009/ ;`#led- owii:aotal-
`` iq ag `:
Cottage Food House Bill 7209 ••-•
r i:'_:;.orator i: .:.
•
http://www.myfloridahouse.gov/Sections/Bill jbillsdetaii.asox? .':-':::..:::::..' ' -:__..-::::_:. � '_'
Billl = — - .
d 4686 Se sionld^65
-�:_ ;'prods::` .
Chapter 500, Florida Statutes ?i " <,be.; m er`::`
htt www.le state.fl.us Statutes index.cfm? 1 : o. ,,..ssei to en- `'
•P:// 9 / /
App mode—Display Statute&URL-0500- `' ' D e V.IP.. .
0599/0500/Q5 00Contentslndex.htmi&StatuteYear-2010&Title—°/02D% ._.:::-
3E2010%2D%3ECha ter%20500 !!f 9 ' t soge`'' ":
:,ard; tcn .:::fl: : .
Food Allergen Labeling and Consumer Protection Act of 2004 t;:-..,=;;:.;'_'=' ;-_:ii:::::: :.:.'; :.:.'::
http:/fwww.fda.aov/Food/La belingNutrition/FoodAllergensLabelinq/ .. .. ; ......_......_. :, ._. ..:.:.
GuidanceComplianceRegulatoryinformotion/ucm106187.htm !ro g i dlfie ' : ~:::•
giiiii41,Aiiiintifiiiit Niiiift,::,:,...
411
.,„,„:::::::::„,:„,;:::,..::::::„.:'7!;':::'1:::.:'.:.....:':
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Exhibit C
DEPARTMENT OF FINANCIAL SERVICES
Division of Risk Management
STATE RISK MANAGEMENT
TRUST FUND
Policy Number: GL-8300 General Liability
Certificate of Coverage
Name Insured: Department of Health
General Liability Coverage provided pursuant to Chapter 284,Part II, Section 768.28, Florida
Statutes,and any rules promulgated thereunder.
Coverage Limits:
General Liability: S200,000.00 each person
$300,000.00 each occurrence
Inception Date: July 1, 2015
Expiration Date: July 1, 2016
yoifko.
CHIEF FINANCIAL OFFICER
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DEPARTMENT OF FINANCIAL SERVICES
ij`` Division of Risk Management
STATE RISK MANAGEMENT TRUST FUND
GENERAL LIABILITY
CERTIFICATE OF COVERAGE
In consideration of the provisions and stipulations contained herein or added hereto and for the premium charged, the State Risk Management Trust
Fund, hereinafter referred to as the"Fund", certifies that the State department or agency named in this certificate is hereby provided general liability
coverage. Coverage shall be effective on the inception date at 12:01 a.m.standard time.
This certificate is comprised of the foregoing provisions and stipulations,together with such other provisions and stipulations as may be added hereto by
the Fund in the future:
I. COVERAGES (2) maintained for use exclusively on premises owned
General Liability Coverage—Bodily and Property Damage by or rented to the named Insured, including the
To pay on behalf of the insured all sums which the insured shall ways immediately adjoining,or
become legally obligated to pay as damages for injury or loss of (3) designed for use principally off public roads,or
property, personal Injury, or death caused by the negligent or (4) designed or maintained for the sole purpose of
wrongful act or omission of any officer, employee, agent or affording mobility to equipment of the following types
volunteer of the named insured, as such terms may be further forming an integral part of or permanently attached
defined herein or by administrative rule, while acting within the to such vehicle; power cranes, shovels, loaders,
scope of his office or employment, pursuant to the provisions diggers and drills; concrete mixers (other than the
and limitations of Chapter 284, Part II and Section 768.28, mix-in-transit type); graders, scrapers, rollers and
Florida Statutes. other road construction or repair equipment; air-
compressors, pumps and generators, including
II. DEFENSE,SETTLEMENT,SUPPLEMENTARY PAYMENTS spraying,welding, and building cleaning equipment;
With respect to such coverage as is afforded by this certificate, and geophysical exploration and well-servicing
the Fund shall: equipment.
(a) defend any proceeding against the Insured seeking such
benefits and any suit against the insured alleging such IV. EXCLUSIONS
injury and seeking damages on account thereof, even if This certificate does not apply:
such proceeding or suit is groundless,false,or fraudulent (a) to bodily injury or property damage arising out of the
The Fund will investigate all claims filed against the ownership, maintenance, operation, use, loading or
insured in order to determine the legal liability of the unloading of:
insured and to determine damages sustained by the (1) any automobile owned or operated by or rented or
claimant. The Fund will negotiate,settle,or deny the claim loaned to any insured,or
based on these findings and appropriate Florida law. (2) any other automobile operated by any person in the
(b) pay all premiums on bonds to release attachments and on course of his employment by any insured, but this
appeal bonds required in any such defended suit for an exclusion does not apply to the parking of an
amount not in excess of the applicable limit of liability automobile on premises owned by, rented to, or
established in this certificate; controlled by the named insured or the ways
(c) pay all expenses incurred by the Fund, all costs taxed immediately adjoining, if such automobile is not
against the insured in any such suit, and all interest owned by,rented,or loaned to any Insured;
accruing after entry of judgment until the Fund has paid, (b) to any action which may be brought against the named
tendered,or deposited in court that part of such judgment insured by anyone who unlawfully participates in riot,
as does not exceed the limit of the Funds liability thereon; unlawful assembly,public demonstration,mob violence,or
(d) pay expenses incurred by the insured for such immediate civil disobedience if the claim arises out of such riot,
medical relief to others as shall be imperative at the time of unlawful assembly,public demonstration,mob violence,or
the accident. civil disobedience;
(c) to any obligation for which the insured or the Fund may be
III. DEFINITIONS held liable under any employer's liability or workers'
(a) Named Insured - The department or agency named compensation law,
herein. (d) to property damage to property owned or occupied by the
(b) Insured-State department or agency named herein,their insured;
officers,employees,agents or volunteers. (e) to property damage to premises alienated by the insured
(c) Volunteer-Any person who of his own free will,provides arising out of such premises or any part thereof;
goods or services to the named insured,with no monetary (f) to loss of use of tangible property which has not been
or material compensation as defined in Chapter 110, Part physically injured or destroyed,resulting from:
IV,Florida Statutes. (1) a delay in or lack of performance by or on behalf of
(d) Agent- Any person not an employee, acting under the the named insured of any contract or agreement;
direct control and supervision of a state agency or (2) the failure of the named Insured's products,or work
department, for the benefit of a state agency or performed by or on behalf of the named insured to
department. meet the level of performance, quality fitness, or
(e) Automobile - A land motor vehicle, trailer, or semi-trailer durability warranted or represented by the named
designed and licensed for use on public roads (including insured;
machinery or apparatus attached thereto), but does not (g) to property damage to the named insured's products
include mobile equipment. arising out of such products or any part of such products;
(f) Mobile Equipment-A land vehicle(including machinery or (h) to property damage to work performed by or on behalf of
apparatus attached thereto),whether or not self-propelled; the named insured arising out of the work or any portion
(1) not subject to motor vehicle registration,or
DFS-DO-863
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thereof,or out of materials,parts, or equipment furnished giving evidence and obtafning the attendance of
in connection therewith; witnesses. The insured shall not, except at his own
(i) eminent domain proceedings or damage to persons or cost, voluntarily make any payment, assume any
property of others arising therefrom; obligation or incur any expenses other than for first
0) to punitive damages; aid to others at the time of accident.
(k) to actions of insureds committed in bad faith or with
malicious purpose or in a manner exhibiting wanton and
willful disregard of human rights,safety,or property; (4) Action Against the Fund
(I) to professional medical liability of the Board of Regents, No action shall lie against the Fund unless, as a
the physicians, officers, employees, or agents of the condition precedent thereto, the insured shall have
Board; been in full compliance with all of the terms of this
(m) to liability related in any way with nuclear energy; certificate and the provisions of applicable Florida
(n) to liability assumed by the insured under any contract or Statutes.
agreement (5) Severability of Interest
(o) to final judgments in which the insured has been The term "the insured" is used severally and not
determined to have caused the harm intentionally; collectively, but the inclusion herein of more than
(p) to awards for injunctive, declaratory, or prospective relief one insured shall not operate to increase the limits
rendered against an insured by any federal or state court, of the Fund's liability.
agency or commission.
(6) Limits of Liability
V. CONDITIONS The limit of liability expressed as applicable to"each
A. Premium person" is the limit of the Fund's liability for all
Premium charges shall be assessed in accordance with damages, including damages for care and loss of
the provisions of Chapter 284,Part II,Florida Statutes,and services, arising out of personal Injury and property
any rules promulgated thereunder utilizing a retrospective damage sustained by one person as a result of any
rating arrangement premium calculation method whereby one occurrence;but the total liability of the Fund for
80%of the premium is based on losses actually incurred all damages sustained by two or more persons as a
by the Insured and 20% is based on the changes in risk result of any one occurrence shall not exceed the
exposures (employees,etc.) of an insured. The premium limit of liability as applicable"each occurrence".
must be paid promptly by an insured agency from Its (7) Other Insurance
operating budget upon receiving the premium bill or If there is insurance applicable to any claim, the
invoice. coverage extended by this certificate shall apply only
as excess insurance over any and all other
B. Audit applicable insurance.
The Fund shall be permitted to examine and audit the (8) Terms of Coverage
insured's books and records at any time during the term of This certificate is issued for the purpose of
this coverage and any extension thereof,and within three confirming coverage as contemplated by Chapter
years after the final termination of this coverage,as far as 284, Part II, Florida Statutes. In the event of any
they relate to the premium bases or the subject matter of conflict between provisions or coverages in this
this coverage. certificate and the provisions of any Florida Statutes
or laws Including, but not limited to the aforesaid,
C. Insured's Duties in the Event of Occurrence,Claim or said statutes and laws shall control.
Suit (9) Cancellation
(1) Event of Occurrence Failure of the Fund to receive the amount of
Written notice containing particulars sufficient to premiums billed to the insured agency within the
identify the insured, along with reasonably time frames allowed by law may result in
obtainable information with respect to the time,place cancellation of the certificate of coverage.
and circumstances thereof, the names and Payments must be made promptly from the insureds
addresses of the injured and all known witnesses, operating budget upon receipt of the premium bill as
shall immediately be given by or for the insured to specified in Section 284.36, Florida Statutes, and
the Fund. lack of prompt payment will result in a request from
(2) Notice of Claim or Suit the Fund to the Comptroller to transfer premiums
If claim is made by suit brought against the insured, from any available funds of the delinquent agency
the insured shall immediately forward to the Fund under the provisions of Section 284.44(7), Florida
every demand, notice, summons, or other process Statutes.
received by him or his representative. Failure by the
insured to advise the Fund of a claim or suit prior to D. Self-Insurance Coverage
a settlement agreement or the insured otherwise Coverage for defending and paying claims under this
obligating Itself,shall void coverage by the Fund,for certificate is provided under the authority of Chapter
that claim. 284,Florida Statutes,wherein the state is authorized
(3) Assistance and Cooperation of the Insured to administer a self-insurance program. Provision of
The insured shall cooperate with the Fund and,upon this certificate does not constitute the issuance of
the Fund's request, assist in making settlements,in insurance other than on a self-insurance basis,and
the conduct of suits and in enforcing any right of payment of any covered claim obligations is
contribution or indemnity against any person or contingent upon availability of legislative funding.
organization who may be liable to the insured
because of injury or damage with respect to which
coverage is afforded under this certificate, and the
Insured shall upon request, make available all
agency records pertaining to a specific claim, shall
attend hearings and trials and assist In securing and
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