Agenda 07/07/2015 Item #16D117/7/2015 16. D.11.
EXECUTIVE SUMMARY
Recommendation to approve and sign a Long Term Community Market Agreement with Joseph
and Neomi Rakow, Market Manager of the Golden Gate Community Park Community Market
with an effective date of July 7, 2015 through February 1, 2016.
OBJECTIVE: To provide the citizens of the Golden Gate community with a long term Community
Market in compliance with the Board direction on April 22, 2015.
CONSIDERATIONS: On April 22, 2015, the Board directed staff to develop short-term and long-term
facility use agreements for Community Markets on County property (Agenda Item 11A). The Board
directed staff to work with the County Attorney's Office to bring back standard agreements for both
short-term and long -term uses that will memorialize the Board's direction and be compliant with County,
State, and Federal codes.
On June 9, 2015, the Board approved the standard facility use agreements for Community Markets, and
authorized the County Manager or his designee to execute the Short-Term Use Agreements; and direct
staff to bring any Long -Term Use Agreements back to the Board for approval and signature (Agenda Item
16.D.15).
Staff is proposing that the Board execute a facility use agreement with Joseph and Neomi Rakow, Market
Managers of the Golden Gate Community Park Community Market with an effective date of July 7, 2015
through February 1, 2016. Fees for the site rental are identical to the rates set forth in the recently
amended Parks and Recreation Fee Policy.
Prior to the expiration of the recommended agreement, other interested parties will be afforded the
opportunity to submit a competitive proposal to conduct a community market at this site. Staff will
publically advertise the intended use in the fall. Responding parties will be afforded the opportunity to
present their proposal to the Golden Gate MSTU Advisory Board for their recommendation. Their
recommendation and the staff recommendation will be brought forward to the Board of County
Commissioners with any recommended agreements not later than January 2016.
FISCAL IMPACT: The vendor will pay the County $212 per event as outlined in the Parks and
Recreation Fee Schedule.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact on this item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval.
RECOMMENDATION: That the Board of County Commissioners approve and sign a Long Term
Community Market Agreement with Joseph and Neomi Rakow, Market Manager of the Golden Gate
Community Park Community Market with an effective date of July 11, 2015 through February 1, 2016.
Prepared by: Nancy E. Olson, Manager Parks and Recreation
Attachments: 1) Long-term facility use agreement
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7/7/2015 16. D.11.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.11.
Item Summary: Recommendation to approve and sign a Long Term Community Market
Agreement with Joseph and Neomi Rakow, Market Manager of the Golden Gate Community
Park Community Market with an effective date of July 7, 2015 through February 1, 2016.
Meeting Date: 7/7/2015
Prepared By
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
6/19/2015 8:33:29 AM
Approved By
Name: WilliamsBarry
Title: Division Director - Parks & Recreation, Public Services Department
Date: 6/19/2015 9:25:29 AM
Name: WashburnIlonka
Title: Manager - Park Operations, Public Services Department
Date: 6/19/2015 11:38:40 AM
Name: O1sonNancy
Title: Regional Manager - Parks & Recreation, Public Services Department
Date: 6/19/2015 4:07:47 PM
Name: TownsendAmanda
Title: Division Director - Operations Support, Public Services Department
Date: 6/22/2015 2:48:50 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 6/22/2015 4:50:34 PM
Name: CarnellSteve
Title: Department Head - Public Services, Public Services Department
Date: 6/23/2015 10:19:11 AM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 6/24/2015 1:41:14 PM
7/7/2015 16. D.11.
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/25/2015 12:04:00 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/25/2015 2:02:03 PM
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7/7/2015 16.D. 11.
Collier County Parks and Recreation
Community Market Facility Use Agreement (Long -Term)
This Community Market Facility Use Agreement (Long- Term), is entered into on
by and between ��: �er fter "Community Market Manager ") and Collier
County, a political subdivision of the State of Florida.
WHEREAS, the Collier County Board of County Commissioners has publicalIy
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
Market Manager
_
Telephone and cell phone
In - x-13 -2) ct r1 ts to
Mailing Address
Email Address
Market Dates
Market Times
oc f ('� `
Market Location
Specific location within
ark
\\
(r1 C� . 4 �► -'C'
Number of vendors
(maximum/minimum)
}
Types of items to be sold
including whether any
items are prohibited.
(Fireworks are always
prohibited.)
t rate
Negotiated contract rate. Payment due at signature.
59 b` O'O -
104 1�3 179491/1]
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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 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.
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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
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7/7/2015 16.D.11.
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.
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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).
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ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legality:
4ecen M. Greene
Assistant County Attorney
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EDDLYS GARCIA
Notary PWI*. Stele of FkwW&
Notary Public
7/7/2015 16. D.11.1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
0
Tim Nance
Chairman
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