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Agenda 10/13/2015 Item #16D1010/13/2015 16.D.10. EXECUTIVE SUMMARY Recommendation to approve and sign two Long Term Community Market Agreements with Dennis L. Strausbaugh/SW Florida Markets, LLC, Market Manager of the Sugden Regional Park and Eagle Lakes Community Park Community Markets. OBJECTIVE: To provide citizens and visitors with community markets in compliance Board direction at Sugden Regional Park and Eagle Lakes Community Parks. CONSIDERATIONS: On June 9, 2015, the Board approved the standard facility use agreements for Community Markets, and directed staff to bring any Long -Term Use Agreements back to the Board for approval and signature (Agenda Item D15). Staff was requested by Mr. Dennis Strausbaugh/SW Florida Markets, LLC on July 15, 2015 to enter into agreements with the Board to operate community markets at Sugden Regional Park and Eagle Lakes Community Park. Staff issued a press release and posted on the Parks and Recreation Division web -site notification to all others who might have an interest in providing a market at these locations. No other party demonstrated any interest in providing such a service at these locations. Both the Sugden and Eagle Lakes Community Markets will be held from 8AM to 1PM/Saturdays and Sundays. The Sugden Community Market is planned from November 1, 2015 to April 24, 2016, while the Eagle Lakes Community Market will be held from November 6, 2015 to April 29, 2015. The item was presented to Parks and Recreation Advisory Board (PARAB) on September 16, 2015 and the Advisory Board unanimously endorsed the recommendation by staff to allow the markets at the locations noted above. FISCAL IMPACT: Under the terns of the agreement, the rental fee associated with this action is $20/hr for a 100' x 100' foot section of open space as applied from the-Board approved Resolution No. 2015 -177 that establishes the Collier County Parks and Recreation Division facilities and outdoor areas license and fees. The total fiscal impact is estimated at $4,800 which will be accounted for in the respective cost centers of the two parks. 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. — CMG RECOMMENDATION: That the Board of County Commissioners approve and sign a Long Term Community Market Agreement with Dennis L. Strausbaugh/SW Florida Markets LLC, for the operation of a Community Market at Sugden Regional Park and Eagle Lakes Community Park. Prepared by: Barry Williams, Director, Parks and Recreation Division Attachments: (2) Long -Term Community Market Agreements Packet Page -1319- 10/13/2015 16.D.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.10. Item Summary: Recommendation to approve and sign two Long Term Community Market Agreements with Dennis L. Strausbaugh /SW Florida Markets, LLC, Market Manager of the Sugden Regional Park and Eagle Lakes Community Park Community Markets. Meeting Date: 10/13/2015 Prepared By Name: BetancurNatali Title: Operations Analyst, Public Services Department 9/24/2015 3:24:35 PM Submitted by Title: Division Director - Parks & Recreation, Public Services Department Name: WilliamsBarry 9/24/2015 3:24:36 PM Approved By Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 9/29/2015 8:29:29 AM Name: Washburnllonka Title: Manager - Park Operations, Public Services Department Date: 9/29/2015 8:51:53 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 9/30/2015 10:51:57 AM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 9/30/2015 1:05:28 PM Packet Page -1320- 10/13/2015 16. D.10. Name: WilliamsBarry Title: Division Director - Parks & Recreation, Public Services Department Date: 9/30/2015 2:01:42 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 9/30/2015 3:11:37 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 10/1/2015 8:57:35 AM Name: KlatzkowJeff Title: County Attorney, Date: 10 /1 /2015 1:19:56 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 10/2/2015 10:57:58 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office 10� Date: 10/2/2015 11:06:45 AM Packet Page -1321- 11� 10/13/2015 16.D.10. It Collier County Parks and Recreation Community Market Facility Use Agreement (Long -Term) This Community Market Facility Use Agreement (bong - Term), is entered into on by and k4we=SLt) o J ereinafter "Community Market Manage6 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 Market Manager -E�-mn i s Telephone and cell phone •�39- 6c-0- r7744 0- - �%3 S3- 4, �-6� Mailing Address Email Address w 4-4 d /U•a LI-5 G e nn u i.) . CO rn J -i Or i a., Market Dates '� ((�� 1�►0�( I ) o2o I .5 Market Times Market Location S en i e�ri a� QA k, Specific location within eik �ee. 9�-t� m •e.h -i- Number of vendors (maximum/minimum) Types of items to be sold �sh oral including whether any 1�1Q�1FS� aCA� C1[s�f5�cr([ items are prohibited. (Fireworks are always �OCuQ•1S� Y was kris ,-�eY -- ° s �w e-1 r y J e 11 c S aka rns i�oeC��l �ieeSes; R�t�o� C►(cAA:.S * vaho�.s rohibited Rental rate Negotiated contract rate. Payment due at signature. [04- PKR-01113/ U79491/1j Packet Page -1322- 10/13/2015 16.D.10. 1) Ensure management of all traffic in and out of the site for the event 1 Z) Properly noti fy all emergeflcy responders in advance of the event. 3) Ensure acm s to adequate restroom facilities. 4) Ensure con4 hance with all prevailing sign ordinances governing the event. 5) Required to be on site at the Market dining all operating hours. 6) Enforce the j ales of the Market and notify required authorities of any violations including the Code M orcement Department or law enforcement agencies. 7) Actively 't new p3vd MUNIveNors to expand the variety or products for sale. S) Distn'btrte an d explain market policies, procedures, rules and regulations. 9) Collect renal fees from vendaars and maintain accurate records of payment. These documents are public records pursuant to Ch. 119, Florida Statutes, Florida's Public Records law. 10) Assign spaces. 11) Verify that all vendors dista-brating food or beverage, whed= by sale or donation, have the appropri ft food licenses and permits as required under all applicable: laws and comply qpaffically with Florida Department of Agriculture and Consumer Services for food safety . 12) Stress to the vmdofs the importance of high quality, fresh products. 13) Assure the is operated in a timely and efficient manner and that sales only occur within the established nuAet hours. 14) Settle or pw mut disputes among the vendors as well as disagrecnients arising between slwppess and vendors. 15) Have a cleJr procedure in place for any emergencies that may arise. Call law e�orcement necessary. [oa-RLWUW117N rl I t Packet Page -1323- 10/13/2015 16.D.10. 16) Ensure timel wrap -W and clean up of the event site. 17) Work with t le County's desi� =prmentafive to resolve any issaes that might arise pertaining to the event 18) Maintain liance with all applicable local, State, or Federal laws inhaling the applicable sections of the Collier County Land Development Code. 19) Obtain and jo mintem requ hed local, State, or Federal permits at no expense to the County ( "A" and 20) Timely provide rental payments to the County. 21) The 'ty Market Manager may not assign this Agreexnen4 or my part hereof, without pno written approval of the Board of County Commissioners. Any attempt to assign witho at such approval shall be void. 22) Proof of ' ins zance satisfinrxory to the Collier County Risk Management Dgw1 meat is requited to I ( e provided at the time of signature. Tem s of the ice ale pursuant to rgRt ff nm set forth in Attachment "C" to this Agtectoent. 1) Collier Con 2) Vendors nx lids, in at all times. 3) Food booth plastic glow 4) Sales tax, m 5) Vendors sh towuHa 1n79"Ili reserves the right to object to any particular Vendor. obtain, display and keep current all applicable federal, state and County muse, and/or permits. All Vendors are required to display business names must have hand wash sinks, employees) must have hair tied back and wear When serving food, according to health code guidelines, en required by the State of Florida, is the responsibility of the Vendor. u conduct themselves in a profiessional mmxx, respect other Vandors and Jnacceptable behavior includes profanity, throwing items, hawking items, or Packet Page -1324- make inappt shall not cm 6) All Product forth by the � fiee rat be cause for 7) Under no ci 8) The Collier Cody beinappropr 9) This COMM There is no r 10) Should the C trust regm subject to a Board meeb 10/13/2015 16.D.10. Vnate comments or gestures. Clothing wom by vendors and vendors' staff fain profanity or obscene bnages or words. labeling shall br, t uMd and accurate and a&= to the requirements set State of Florida. An clims such Any as organic, P-free, origin, glutan, ge, sugar ilea, etc. must be mftft ated. Any intentional false claims shall immediate removal from the Market. mmmstance(s) will fireworks of any kind be autIr dmd for sale. County Parks and Recreation Director or his designee may direct the 3vent Manager to alter, cmUd or eliminate a specific activity did to .ate or det<imemel to the facility al any time and wiffiout prior written ice. O� a2�//6' . city Mmiwt Facility Use Agreement (ime -Term) shall terminate aw ght to renewal. mmm tty Manager wish to renew this Agreement, the Community Manager a renewal at least 30 days from the end date of the Apmment. Renewal is Proval by the Board of County Commissii— at a regulady scheduled 11)There shall jbe no disc' minefian as to race, sex, color, creed, or national origin at Community �ct events. C. No Parts : Nothing herein contained shall cue or be consitued as creating a partnership between the Count r and the Community Market Manager or to constitute the Community Market Manager as is agent of the County. D. Cancel or Pbstpose a City Marked Collier County reserves the right to cancel a Community Mwb t event date at rule Cotmty's sole discretion and withoirt prior written notice. Parks and Rmrcafia i Division events or other Bond approved public events shall take precedent over a Community 1e4- rut- OLUVU794srnl Packet Page -1325- n 10/13/2015 16.D.10. 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. Star. The parties hereto have made and executed this Community Market Facility Use Agreement (Long- Term). [U4- PKR-01113/1179491/1) Packet Page -1326- 10/13/2015 16.D.10. STATE OF FLORIDA ) )ss COUNTY OF /E&— ) Before me a notary public, the undersigned authority, personally appeared, 5UVSa11v4*? , 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. p�d� 5 3 /? ry - �'4f' -p SWORN TO AND SUBSCRIBED before me this / day of , 2015. )-e*w Notary ATTEST: DWIGHT E. BROCK, CLERK Rohm Pdit - Sfo Of r4ft Mf C=ft EV*U MM 13.2017 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: Deputy Clerk Tim Nance Chairman Approved as to form and legality: Colleen M. Crreene Assistant County Attorney [04- PK"1113/1179491/1) Packet Page -1327- 10/13/2015 16.D.10. Exhibit A Insurance and Bonding Requirements - Long Term Community Market Facility Lease Agreement — Attachment C Insurance / Bond Type Required Limits. 1. ® worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government ❑ Hangarkeepers Liability aircraft including premise liability ❑ Aircraft Liability Insurance bodily injury and property damage ❑ Pollution Liability Insurance bodily injury and property damage Per Occurrence per Per Occurrence Per Occurrence ❑ Property Insurance— Replacement Cost -Ail Risks of Loss 6. ® Lessee shall ensure that all sub - lessees comply with the same insurance requirements that he is required to i 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 Market Page 1 Packet Page -1328- 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 is 4. ® Indemnification To the maximum extent permitted by Florida law, the Lessee shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Lessee or anyone employed or utilized by the Lessee in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ❑ Automobile Liability $ Each Occurrence; Bodily injury& Property Damage, Owned /Non - owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Airport Liability Insurance $ Per Occurrence noted: bodily injury and property damage ❑ Hangarkeepers Liability aircraft including premise liability ❑ Aircraft Liability Insurance bodily injury and property damage ❑ Pollution Liability Insurance bodily injury and property damage Per Occurrence per Per Occurrence Per Occurrence ❑ Property Insurance— Replacement Cost -Ail Risks of Loss 6. ® Lessee shall ensure that all sub - lessees comply with the same insurance requirements that he is required to i 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 Market Page 1 Packet Page -1328- 10/13/2015 16.D.10. i , I 9. ® Thirty (30) DM s Carwelation Notice required. Lib 5/11%2025 Lessee's kwurance Statement t We understand the ins rance requirements of these spedfications and that the evidence of insurability may be required within five (5 ) days �orf�the award of this /L,eaase agreement. Name of Firm 44o ri� NI((If Uz: _ L4-jzt. Date -7 ^ �S - -16 15 Lessee Signature Print Name r, I's c t0 Insurance Agency !1— hSfLliO4jCjz. c�C3CtrCrz. o Agent Name +"1' O,,hy t—E-h rr►u4-1 Telephone Number Z7.325'3030 Long Term Market Packet Page -1329- Page 2 10/13/2015 16.D.10. ; ern CERTIFICATE QE LIABILITY INSURANCE °" 1` A&14� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATM ONLY AND CONFERS NO RIGHTS UPON THE CenvIr„ATE: HOLDER. TH(S CERTIFICATE DOES NOT AFFlRIIIATIVELY OR NEGATIVELY AMEND, EXMW OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING WSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the cer6Tcale holder is an ADDITIONAL INSURED, the po8cy(ies) must be endorsed, C SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endomemenL A on this cere(lrata does not corder rights to the certificate holder in Ieu of such endorssmerAjs).. PRODt10ER Insur -anoe Source Of Naples. Inc. 2355 Vanderbilt Beach Road #152 Naples, FL 34109 Phone (239) 3253030 Fmc ) 325 --NM ACT Tiffany Le rnan ) 3253030 ) 3253033 6Yfanyaisont-corn D§URMMAFFORONGCDVERA.GE NAICS p A: C -tVlon SpeCl* Ors Company? Bass Urcderwd>e[s INSURED SW Florida Markets LLC 1320 Rermtelgton Way #12101 Naples, FIL 34110 11 s B: QT21IM14 1114SURE t C: EACIIOCCt @ICE ViSURER D OAAInG,E To R aNS{IrAERE" MED DP (Anr ore peso+ Y15IPRHt F - Pt3ISDNALanDVn.argY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE WSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREhENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCULVENf 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. LRATS SHOWN MAY HAVE tiEB! REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EI(P LEIS Gt3NERa-LU NSM t❑ CoearERCtaL GENERAL UABerrY ❑ ❑ CIAIMS'IAAM © OCCIR ❑ N VBA306158 -00 QT21IM14 0721!11115 EACIIOCCt @ICE S 1 000,000.00 OAAInG,E To R s 100.000.60 MED DP (Anr ore peso+ s 0.00 Pt3ISDNALanDVn.argY s 1,000,OOD.00 ❑ GENERAL AGGREGATE S 7,aD0006.oD G81rL AGGREGATE LINT APPLES PER R] POLICY ❑ Pty '❑ LOC PROIX0=- CONPAOPAGG s ZOOO,OM.00 S i Auto0013 I E LIABRRY ❑ANY AUTO ALL ❑ AUIDS�'m ❑ ALrf NON-OVHZED ❑ iIiEDAUTOS ❑ AUMS �Q .mdat GLE LW S i BODILY INIURY(Perpesmj s ! BODtY KAM (Per acvd S PROPER acadYY S S UMBRELLA LIAH � � El EXCFSS LM EACH OCCURREW-E S AGGREGATE S DED El RETENi m s s . W01003mTKni ANY 9WLOYERS'L1ABUM Y1 N ANY CUf1VE OFFI DLC'i.UDED? O7 *Q EJ DESCRIPTION OF OPERATIONS below NIA WC5TATU- OR E.L. EACH ACCIOENT S EL DtSFASE - EA EMPLOYE S EL DISEASE - POLICY LIAR S DESCR'. -.M OF OF aTK3te l LOCATiMS! VEHICLES (Attam ACOM tat, Addbonai Bemmks Sdn*ia, -T more ap— is rsgL*eM CERTIFICATE HOLDER CANCEIIATLON SMOLILD ANY OF THE ABOVE DESiRIBi33 POLICIES BE CANCELLED BEFORE Co(6er County BCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELWERED IN 3327 Tanlami Trail ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTi10N12ED Rt3'frS6tTAT'IVE l ACORD 25 (2010105) QF Packet Page -1330- ®1988-2010 ACORD CORPORATION. AB n9h= reserves. The ACORD name and logo are regisknd marks of ACORD 10/13/2015 16.D.10. Packet Page -1331- lk Dennis Strausbaugh Speciolizing in Marl(et Operations, Promotions Consulting and Marketing Services P-O. gm ,10762 Dennis Strousbough Nopim FL 34 1 OB 239-293-6266 SWFLOROAKk4KM.COM Packet Page -1332- 10/13/2015 16.D.10. 10/13/2015 16. D.10. 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 its you're in business Visit htto: / /www.stateofflorida.com/12ortal/desktopdefault.gVx?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: /Jwww.flrules orQ /gat way /readFile asp ?sid= 0&tid= 1035492 &tape =l &file -51-4 OOd 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 Coda 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 h=s: / /www.flrules.org/ ag teway /readFile asp? sid= O&tid= 1035783&tyM=1&file =5K-4 021 doc AND hriv: / /www.doh.state f1 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.fLus ^ Phone: (850) 245 - 5520 1 FAX: (850) 245 - 5553 r The Division of Food Safety is your best resource on Florida food regulations and licenses. You can visit their website atbft://w-ww.doacs.state.fl.us/fs/ If you're selling plants in dirt (nursery Plants); you need a Nursery License. Contact Division of Plant Industry in Gainesville 352- 372 -3505. They will send an inspector out to see your plants and fill out an easy form. Entry level fee is $25. As your nursery stock increases, so does the annual inspection fee. If you want to label your produce as "Organic" it must be certified by an approved certifying agency - but, you're exempt from organic certification if you grow or handle less than $5,000 gross sales from organic produce. However, you must still be in full compliance with the National Organic Program's (NOP) rules and regulations. Florida Organic Growers (FOG) is the state's approved certifying agency in Gainesville 352 - 377 -6345. You will need to document that the land you're growing on has met organic standards for the past three years. Certification fees are based on how many acres you have under organic production Certification fee for a 0 -20 acre plot is approximately $425. Certification for a 200 acre farm is approximately $550. Certification takes 60-90 days and includes an inspection Florida doesn't currently have cost -share program to help pay for the Certification process, but funding may come from the USDA National Organic Program (NOP) to help offset the expense. The FOG maintains a waiting list for cost share funding. Erin Mullane is the Organics expert at the State Department of Agriculture - she can be reached at 850 -922 -9928. More information can be found at httP:// w-%',-ur.usda.gov /i,vps /vortal /!u�t 12 5.7 0 l7 0 1 B ?navid= ORGANIC CERTIFICx1T1O&- nAvUpe -RT parentnav- AGI.IC U'LTURE Packet Page -1333- 10/13/2015 16.D.10. 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: itd @ufl.edu If you're selling fresh produce by weight visit htW: / /www doacs state fl us/ standard / weights /infobus.html #guestionl Your scale must be a certain kind and it must be inspected. Otherwise, sell by the bag, basket or handful. "Fresh From Florida" Florida Agricultural Promotional Campaign (FAPQ 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: hn: / /w�A w florida agriculture com /marketing /fapc membership.htm for more information and an application Packet Page -1334- Attachment B Florida Duepartment of Agriculture and Services Adani H. Pumani, Coiniiiissiorter 10/13/2015 16. D.10. �:u Cottage Food Legislation Signed Into Law The 2011 Florida Leg- islature enacted House Bill 7209 allowing indi- viduals to manufacture, sell and store certain types of "cottage food" products in an unlicensed home kitchen. Cottage food products include such items as breads, cakes, cookies, candies, jams, jellies, and fruit pies. "Cottage food opera- tions" as they are called require no license or permit from the Florida Department of Agricul- ture and Consumer Ser- vices ( FDACS), and are not inspected by any state government entity Gross sales for a cot- tage food operation must not exceed $15,000 annually. Products must be sold directly by the cottage food operator to the consumer. Sales by Internet, mail order, con- signment or at wholesale are prohibited. Cottage food products must be labeled in ac- cordance with the re- quirements as outlined in Section 500.80(5), Flor- ida Statutes, and United States Code of Federal Regulations Title 21, Part 101. All cottage food prod- ucts, offered for sale to the general public, must be labeled: "Made in a cottage food operation that is not subject to Flor- ida's food safety regula- tions." The FDACS may inves- tigate any complaint re- ceived against a cottage food operation. The Division of Food Safety is pleased to pro- vide cottage food op- Divisiort of Food Safcafy February 2014 erators with general and specific information con- tained in this document. If you are a prospec- tive cottage food opera- tor, please take some time to review this guid- ance document so that you are better informed about cottage food op- eration requirements. INSIDE WHAT TYPE OF FOODS 2 CAN I PRODUCE? WHAT TYPES OF FOOD 2 ARE NOT ALLOWED? FREQUENTLY ASKED 2 QUESTIONS LABELING AND INSPEC- 8 TION REQUIREMENTS COTTAGE FOOD 4 CONTACTS, WEB LINKS AND RESOURCES FDACS -P -01765 Packet Page -1335- Quick Reference Definitions Cottage Food Operation means a person who pro- duces or packages cottage food products at his or her residence and sells such products in accordance with Section 500.80, Florida Stat- utes. Cottage Food Product means food that is not a potentially hazardous food as defined by FDACS rule which is sold by a cottage food operation in accordance with Section 500.80, Florida Statutes. Residence is defined to mean a primary residence that is occupied by an individual who operates a cottage food operation and that contains a single kitchen with appliances designed for common resi- dential usage. The residence may only contain one stove or oven, which may be a double oven designed for non - commercial use. Potentially Hazardous Food means a food that requires time /temperature control for safety (TCS) to limit patho- genic microorganism growth or toxin formation; An animal food that is raw or heat - treated; a plant food that is heat treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut toma- toes or mixtures of cut'toma- toes that are not modified in a way so that they are un- able to support pathogenic microorganism growth or toxin formation, or garlic-in- oil mixtures that are not modified in away so that they are unable to support pathogenic microorganism growth or toxin formation.' a d.Z Attachment B 10/13/2015 16.D.10. Norida Department of Agriculture What Types of Cottage Foods Can / Produce? As a cottage food op- erator, you are allowed to produce food items which are considered not potentially hazardous. The table (at right) provides a listing of ac- ceptable cottage food products. Although not all inclusive, it provides for most types of ap- proved cottage food products. Loaf breads, rolls, biscuits Cakes, pastries and cookies Candies and confections Honey Jams, jellies and preserves Fruit pies and dried fruits Dry herbs, seasonings and mixtures Homemade pasta Cereals, trail mixes and granola Coated or uncoated nuts Vinegar and flavored vinegars Popcorn, popcorn balls What Cottage Foods Packet Page -1336- Frequently Asked Questions Question: flow do I sell my cottage food products? Answer: You may sell your cottage food products from your residence directly to the consumer. Sales are also ap- proved at farmer's markets, flea market and roadside stands. Question: Can I use the Inter- net to sell my cottage food products? Answer: No, the law prohibits sales over the Internet, by mail order, or at wholesale. Question: Am I able to de- liver my cottage food prod- ucts? Answer: Yes, you may deliver your cottage food products directly to the consumer or to a specific event venue (wedding, birthday celebration etc.) Question: Do I need a permit or license for my cottage food operation? Answer: No, you do not need a state permit or license for your cottage food operation. However, you should check with your city or county for any requirements they may have.. Question: Is there any limit to how much I can earn from my cottage food operation? Answer: Yes, cottage food operators are limited to $15,000 in gross sales per year. It is the operator's re- sponsibility to comply with ap- plicable laws, rules and regu- lations regarding the collection of sales tax Question: Can I make pet treats? Answer: No, the cottage food law applies to human -grade food only. For more informa- tion about pet treat licensing" please contact the Feed In- spection Program at (850) 617 -7855. Attachment B 10/13/2015 16.D.10. Florida Labeling Requirements The cottage food law predominance by requires specific labeling weight; requirements for the sale The net weight or net of cottage food prod- volume of the cot - ucts. tage food product; • Allergen information as specified by fed - erol labeling re- quirements; PI If any nutritional claim is made, ap- propriate nutritional information as speci- A cottage food opera- fied by federal lo- tion may only sell cot- beling requirements; tage food products and which are prepackaged The following state - with a label affixed that ment printed in at contains the following least 1 0 -point type information: (printed in in a color that pro - English) vides a clear contrast to the background • The name and ad- label: "Made in a dress of the cottage cottage food opera - food operation; tion that is not sub- • The name of the cot- ject to Florida's food tage food product; safety regulations." • The ingredients of A sample is shown be- the cottage food low and may assist with product, in descend- developing your cottage ing order of food product label. MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO FLORIDA'S FOOD SAFETY REGULATIONS Chocolate Chip Cookie Ashley Christopher Bryant 1019 Food Safety Drive Tallahassee, Florida 32399 ingredients; Enriched flour (Wheat flour, niacin, reduced iron, thiamine, 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 soda. Contains: wheat, eggs, milk, soy, walnuts Net Wt. 3 oz Federal Allergen Labeling Information All cottage food products must be labeled in ac- cordance with the United States Code of Federal Regulations Title 21, Part 101. As a cottage food operator, you must identify if any of your ingredi- ents are made from one of the following food groups: eggs, milk, wheat, peanuts, soybeans, fish and tree nuts. In the sample label (provided at left) possible allergens are identified as "Contains wheat, eggs, milk, soy and walnuts." This labeling allows con- sumers to avoid food which may be harmful to them. To obtain additional information you may visit the following website which contains more information regarding federal allergen labeling information: httr):! /www.fda.aov /Food /Labeling Nutrition/ FoodAlleraensLobelina / GuidanceComp lionceRegulatoryinformation /ucm106187 htm Cottage Food Inspections Know the Rules... The FDACS may investigate any complaint received for a cottage food operation. If your cottage food operation is the subject of a complaint, you must allow a FDACS employee or officer in your cottage food operation to conduct an inspection. The FDACS employee or officer will inspect your cottage food operation to determine compliance with applicable laws, rules and regulations. If you refuse to allow a FDACS employee or of- ficer to inspect your cottage food operation, the FDACS may take disciplinary actions which may include a 55,000 fine. More information is available on page four of this publication. Packet Page -1337- Attachment B 10/13/2015 16. D.10. State Agency Contactf; =7 A cottage food operation must comply with all applica- Can / Sel/ My ble county and municipal laws and ordinances regulating Cottage Foods to ltn the preparation, processing, storage and sale of cottage food products. Below is a listing for state agency re- Restaurants? sources who may assist you in answering any questions Cottage food opera - regarding cottage foods: 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. httg ;/ /www.freshfromflorido.co 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 The following websites provide additional information relating to food safety and subsequent requirements as ,► Can : ®�Ge SOS ®S well as the cottage food legislation: "" --"'�� or Barbecue Sauce? United States Food and Drug Administration Processing of low -acid 2009 Food Code foods by retort canning http / /www fda aov/ Food/ FoodSafety /RetailFoodProtection /FoociCode/ or processing of acidi- FoodCode2009/ fied foods is not al lowed by a cottage Cottage Food House Bill 7209 food operator. httr)..//www mvfloridahousp aov/ Sections /Bilks /billsdil. etaasox? Billid= 46868&Sessionid =66 These types of prod- ucts must be commer- Chapter 500, Florida Statutes cially processed to en- htttl / /wwv^ lea state fl us /Statutes/in iex -cfm? sure sterility under con - Aors mode= Dis ay Stotute &URL =0500- ditions of non 0599 /050010500Contentsindex htmi&StatuteYeor= 2010& T itie= °lfl2D% refrigerated storage 3E2010 %2D %3EChapterY620500 and distribution. Food Allergen Labeling and Consumer Protection Act of 2004 Typically, canning or http://www.f do gov /Food /LobelingNutrition /FoodAllerctensLabeling processing acidified GuidanceComplianceRegulotoryinformation/ucm 1061 87.htm foods are done in a state permitted facility. Packet Page -1338- 10/13/2015 16.D.10. Collier County Parks and Recreation ty Market Facility Use Agreement (Long -Term) This Co unity Market Facility Use Agreement (Long- Tenn), is entered into on by and between ` W�er "Community Market Manager') and Collier County, a politica I subdivision of the State of Florida the Collier C'.ouaty Board of County Comunissioners has publically :U advertised the ' nded use m order to afford interested parties an opportunity to submit a competing propo or objection to the Agreement; and Collier County has considered all competing proposals and objections and hereby awards thi s Agreement to the Community blame Manager named herein. Market Name Market Manager / n �s �h�.tc Sttl rirl2 Cdi/1e1� L.L Telephone and Ce uhane dQ - Mailing Address 3 14 Email Address Market Dates Meet Market Location e m MU'U Specific location i PWk Mhin 1' Number !of vend (maxiffiuom/ O d Types of items t0 be solder; inchiding whether any items are prohtbi are 5 ��Ir � a s��{s ` 7 � y, l r /es¢�ZaM ohibited Rental rate Negotiated contract irate. Payment dice at signature. Packet Page -1339- T; 10/13/2015 16.D.10. 1) Ensure pmpar management of all traffic in and out of the site for the event. 2) Properly no • all ea=g=;.y responders in advance of the event. 3) Ensure i{ to adequate restroom facilities. 4) Ensure com ce with all prevailing sign ordinances governing the event. 5) Required to on site at the Market during all operating hours. 6) Enforce the Miles of the Market and notify required authorities of any violations including the Code EnJ orcement Department or law enforcement agencies. 7) Actively Ouit new produ=- Jvendors to expand the variety or products for sale. 8) Distribute explain market policies, procedures, rules and regulations. 9) Collect renti I I fees from vendors and maintain accurate records of payment. These documents are public records pursuant to Ch. 119, Florida Statues, Florida's Public Rec r s 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 for food safety. 12) Stress to the irendors the importance of high quality, fresh products. 13) Assure the rr arket is operated in a timely and efficient manner and that sales only occur within the established market hours. 14) Settle or pre ent disputes among the vendors as well as disagreements arising between shoppefs au4 vendors. 15) Have a cle�.r procedure in place for any emergencies that may arise. Call raw enforcement I necessary. (Wr. OUB /UIW9s nl I Packet Page - 1340 - 10/13/2015 16.D.10. 16) Ensure timel' wrap -up and clean up of the event site. 17) Work with County's deagnatod representative to resolve any issues that might arise pertaining to the event 18) Maintain liance with all applicable local, State, or Federal laws including the applicable se o app sections of the (:oilier County Land Development Code. 19) Obta=ts I required local, State, or Federal permits at no expense to the County (see = "A" and -B-). 20) Timely provide rental payments to the county. 21) The Cominuinity Market Manager may not assign this Agreement, or any part hereof, witjmout prior written approval of the Board of County Commissioners. Any attempt to assign witho at such approval shall be void. 22) Proof of ins mmce satisfr-tory to the Collier County Risk Management Dgwftue= is required to 1 provided at the time of signature. Terms of the insurance are pursuant to requirement -set forth in Attachment "C" to this Agreement 1) Collier County reserves the right to object to any particular Vendor. 2) Vendors mint obtain, display and keep current all applicable federal, state and County licenses, IDSlitdnCe, and/or perrnxts. All Venders are required to display bminess names I at all yes. 3) Food booths must have hand wash sinks, employee(s) must have hair tied back and wear plastic glov (II when serving food, according to health code guidelines. 4) Sales tax, I required by the State of Florida, is the responsibility of the Vendor. 5) Vendors shdil conduct themselves in a professional manner, respect other vendors and customers. Unacceptable behavior includes profanity, throwing items, hawking items, or t04- M- 0iur /n7%9=l Packet Page -1341- --IN 10/13/2015 16.D.10. make MEM Dpriate comments or gwfines. Clothmg worn by vendors and vendors' staff shall not cm tain pmhnity or obscme, magm or words. 6) All product labcling shall bc trutW and accurate and aa= to the, reopurenients set forth by the State of Florida. Am claims such as organic, pesticide-fi=, origin, gluten free, free rarge, sugar frM etc. must be sukUntiated. Any intentional false claims shall be cam for immediate. removal fi-Om th,_ Market 7) Under no ci vtmmtan*s) will fireworks of any kind be auffiorized for sale. S) The Collier County Parks and R=ePaOn DIreCtOr or Ins designee may direct the COmmunrtY Event Manager to alter, curtEdi or eliminate a specffic activity determined to 9) This Mmket Facility Use Agreernent (Long Term) shall terminate on Them is no 'gbt to renewal. 10) Should the C ommunity Manager wish to renew this Agreement, the Community Manage, must request a renewal at least 30 days from the end date of the Ageenimt Renewal is Subject tO HI)PrOval by the Board of County Commissioncrs at a regularly scheduled 11) There shall Ibe no discrimination as to race, sm color, creed or national origin at Community M.-aket events. C. No P Nothing h--.-:n contained shall ctreate or be construed as creating a partnership between the CO and the Community Market Manager or to constitute the Community Market Manager as p agent of the County. | D. Cancel or Phsoxwe a ConunwaW MarkeL- Collier County reserves the right to cancel a Community M�t event date at the Coirnty's sole dismation and without prior written notice. � approved public � � over � .| | | Packet Page 'l342- � -- - - 10/13/2015 16. D.10. - 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. .y 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, Iosses 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 d= 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). [04- PKR-01113/1179491111 FOR: COMMUNITY MARKET Packet Page -1343- 10/13/2015 16.D.10. STATE OF FLORIDA ) )ss COUNTY OF Before me a notary public, the undersigned authority, personally appeared, 'VI-5 04- 57-1-461-5,9^06*? , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. A,- o,,-, �5- -36.2 - /:;A-z-fv - y2e -v SWORN TO AND SUBSCRIBED before me this /�,., day of , 201"5. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legality: Colleen M. Greene Assistant County Attorney (04 P qi- 01113/1179491/1] Notary NOWY P0k - sus of P4ma My COMM EWM"13.2017 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Tim Nance Chairman Packet Page -1344- 10/1312015 16.D.10. Exhibit A insurance and Bonding Requirements - Long Term Community Market Facility Lease Agreement — Attachment C Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government 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 __ 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 Market Page 1 Packet Page -1345- —1\ 10/13/2015 16.D.10. i 3. [D Thirty (30) Dwy Cancellation Notice required. Lib 5/11/2015 I( Lessee's Insurance Statement rr We understand the ins rance requirements of these specifications and that the evidence of insurability may be required within fire (5) days of the award of this //Lease agreement Name of Firm -:140 v 1'4& [sue C Date 7 Lessee Signature% Print Name i - 4 &f I Insurance Agency J—h �j tU1 G(/Y1 C>L. c �O fL � C p c'-P 6421525 7:2Q- Agent Name I � i? T [iM V t—E-k Ma-11 1 Telephone Number Long Term Market Packet Page -1346- Page 2 I I I' 10/13/2015 16.D.10. a CERTIFICATE OF LIABILITY INSURANCE DAB ""'D°^n`YY) TYPE OF INSURANCE 11/W14 THIS CERTIFICATE IS ISSUED AS A MATTER OF D ORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEN. EXTM OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITI IE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER INFORTANT: It the cerdficate holder Is an ADDITIONAL INSURED, the po iry(im) muM he endarsad. E SUBROGATION IS WANED, =d*Kt to the temm and conditions of the policy, cm In potkies may rarpdra an endonmawnL A staterrrant on this eame p I does not corder rtgihs to the certificate holder In Neu of such endorsan ern(sj. e PRODUCER C00.?/R.^T .� F Leftron Insurance Source Of Naples, Inc. 07212014 07212015 33030 ) 325.3033 2355 Vanderbilt Beach Road #152 t7ferly0amt Dom Naples, FL 34109 MED EXP (Arw am Pwson Phone (239) 325-3030 Fax (239) 325 -3033 AFFORDING COVERAGE Nnlc S N A ; CO -ViOn Sped3y his C01nP2 I Bass Urderwrffers INSURED INSURERS: GENERAL AGGREGATE SW Florida Markets LLC GEM AGGREGATE LwrAPPLESPER © POLICY ❑ PRO- 13 LDC PRODUCTS- COFrPlOPAGG 5 2,000,000.00 INSURER C: S 1320 Renrnhgbon Way #12101 INSURER D: INSURER E Naples, FL 34110 eestrRet F W SNGLE LWT r�rtvFrr• r_cc „�e,.Q.,,. � � .....�._.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR ETH 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 PERTAIK THE K%MANCE AFFORDED By THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERidS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LA4rTS SHOWN MAy HAVE BEpN REDUCED gy PAID CLAw!& INSR LTR TYPE OF INSURANCE ACCORDANCE YOM THE POLICY PROVISIONS. Naples, FL 34112 �xy� eT PoucY t� uraTs A GENERAL LUI mmy ❑i COMM RCIAL GENERAL LANUTY ❑ ❑ alAwswADE © oCCuR ❑ N N VBA305156 -M _ 07212014 07212015 EACH OCCURRENCE 0. s 1000000.00 OL�rAAC>E Ti3 �.,ry � s 1, 0,0, 0 MED EXP (Arw am Pwson 3 0.00 PERSONAL &AM KAM S 1,000,000.DO ❑ GENERAL AGGREGATE : 000000.00 GEM AGGREGATE LwrAPPLESPER © POLICY ❑ PRO- 13 LDC PRODUCTS- COFrPlOPAGG 5 2,000,000.00 S AUTOMOBILE LLMEJTY ❑ ANYAITO ❑ AUTOS ❑ AUTOS ❑ FRM AUTOS ❑ A� 0 El W SNGLE LWT S i BODILY NAIRYIPerp —) S BODILY NARY (Paraoddem S MIO�T xDMLhGE acids 3 S ❑ UKWMLLA LLAS ❑ OCCUR EXCESS UAB ❑ CLAars NIA _ EACH DCCUtREICZ : AGGREGATE : El DED 0 RET&MON S WVRKERS COMPENSATION AND EMPLOYERSLLABttfy YIN ANY PROPRIETOMPARTNERAD(ECUTNE OFFKZRI M],BER EXCLUDED? ❑ y yyaas1, In m DEIa TION OF OPERATIONS Askta WC STATU• OTI+ 0 FR S _ S - E.L. EACH ACCIDENT _ El DISEASE - FA EMPWYE S EL D - POLICY LMrr s DE4Ct8PTIDN OF OPERATIONS I LOCATIONS I VM CLES tAftwh ACORD 10%Addi and Raararia SchedtiS N more spwa is re¢i'ad) rconnr•wx unr nm Colw Courtly BCC SHOULD ANY OF THE ABOVE DEED POLICIES BE CANCELLED BEFORE THE E7MATION DATE THEREOF, NOTICE WILL BE DEUVERED IN 3327 Tamiarni Trail ACCORDANCE YOM THE POLICY PROVISIONS. Naples, FL 34112 AUTHORIZED REPRESENTATIVE 6 ACORD 25 (2010105) QF Packet Page -1347- 01968-2010 ACORD CORPORATION. AU rights reserved. The ACORD name and logo are regred marks of ACORD l 10/13/2015 16.D.10. Packet Page -1348- 10/13/2015 16.D.10. . q a t i Demis_Sbaeubaugh Spedakdrig h MarlV operolions. Promotions Coming and Marketing Services P.O. Box 1107U Der ri s Strausbough Naples, Ft &i 106 239- 293 -6266 SWFLORUAKAHEMCOM 9Al3kkwrudols@gnmLcom F] Packet Page -1349- 10/13/2015 16. D.10. 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 hn: / /www.stateofflorida.com/ portal /desktopdefault.asl2x ?tabid =8 to find out more about collecting state sales tax, proper licensing and more. If you're selling Value Added/Processed Food (bread, jelh, prepared meals, chopped preens) 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 htWs://www.flrules.org/gatewav /readFile. asp ?sid= 0 &tid= 1035492&tvpf= !&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.asl2? sid= 0 &tid= 1035783&tyM =l &file= 5K-4.021.doc AND hU: / /v n,�nti.d oh.state.1l.us / FN'`gP%ON -N fF,N 'T,!CO�,'IX1- UNIIY'food f foodmana ger,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 1 FAX: (850) 245 - 5553 The Division of Food Safety is your best resource on Florida food regulations and licenses. You can visit their website athtW : / /wti,w.doacs.state.ft.us /fs/ If you're selling plants in dirt ( nursea 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 orgardc 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 s.7 0 A/7 0 1OB?navid=ORGA,MC CERTIFICA'TIO&navty -e=RT f parentsnav= %GR1CL; LTURE Packet Page -1350- 10/13/2015 16. D.10. 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: itd@ufl.edu If you're selling fresh produce by weight visit http• / /www doacs state fl us/ standard /weights /infobus.html #guestionl Your scale must be a certain kind and it must be inspected. Otherwise, sell by the bag, basket or handful. "Fresh From Florida" Florida Agricultural Promotional Campaign (FAPCI 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: hM: / /wwwflorida- agriculture coin / marketing / fapc membership.htm for more information and an application. Packet Page -1351- ,Attachment B *N t da h al 1 -Wham of A U eind I Consumer Services Adani N. Putnant. Co:Titnissianur Cottage Food Legislation Signed Into Law The 2011 Florida Leg- islature enacted House Bill 7209 allowing indi- viduals to manufacture, sell and store certain types of "cottage food" products in an unlicensed home kitchen. Cottage food products include such items as breads, cakes, cookies, candies, jams, jellies, and fruit pies. "Cottage food opera- tions" as they are called require no license or permit from the Florida Department of Agricul- ture and Consumer Ser- vices (FDACS), and are not inspected by any state government entity. Gross sales for a cot- tage food operation must not exceed $15,000 annually. Products must be sold directly by the cottage food operator to the consumer. Sales by Internet, mail order, con- signment or at wholesale are prohibited. Cottage food products must be labeled in ac- cordance with the re- quirements as outlined in Section 500.80(5), Flor- ida Statutes, and United States Code of Federal Regulations Title 21, Part 101. All cottage food prod- ucts, offered for sale to the general public, must be labeled: "Made in a cottage food operation that is not subject to Flor- ida's food safety regula- tions." The FDACS may inves- tigate any complaint re- ceived against a cottage food operation. The Division of Food Safety is pleased to pro- vide cottage food op- 10/13/2015 16.D.10. Division of Food Safety February 2014 erators with general and specific information con- tained in this document. If you are a prospec- tive cottage food opera- tor, please take some time to review this guid- ance document so that you are better informed about cottage food op- eration requirements. INSIDE WHAT TYPE OF FOODS 2 CAN I PRODUCE? WHAT TYPES OF FOOD 2 ARE NOT ALLOWED? FREQUENTLY ASKED 2 QUESTIONS LABELING AND INSPEC- 3 TION REQUIREMENTS COTTAGE FOOD 4 CONTACTS, WEB LINKS AND RESOURCES FDACS -P -01765 Packet Page -1352- Quick Reference Definitions Cottage Food Operation means a person who pro - duces or packages cottage food products at his or her residence and sells such products in accordance with Section 500.80, Florida Stat- utes. Cottage Food Product means food that is not apotentially hazardous food as defined by FDACS rule which is sold by a cottage food operation in accordance with Section_ 500.80, Florida Statutes. Residence is defined to mean a primary residence that is occupied by an individual who operates a cottage food operation and that contains a single kitchen with appliances designed for common resi- dential usage. The residence may only contain one stove or oven, which may be a double oven designed for non - commercial use. Potentially Hazardous Food means a food that requires time temperature control for safety (TCS) to limit patho- genic microorganism growth or toxin formation; An animal food that is raw or heat - treated; a plant food that is heat treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut toma- toes or mixtures of cut toma- toes that are not modified in a way so that they are un- able to support pathogenic microorganism growth or toxin formation, or garlic-in- oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation. Evh �-` a. Attachment s 10/13/2015 16.D.10. Florida Department of Agriculture What Types of Cottage Foods Can I Produce? As a cottage food op- erator, you are allowed to produce food items which are considered not potentially hazardous. The table (at right) provides a listing of ac- ceptable cottage food products. Although not all inclusive, it provides for most types of ap- proved cottage food products. Loaf breads, rolls, biscuits Cakes, pastries and cookies Candies and confections Honey Jams, jellies and preserves Fruit pies and dried fruits Dry herbs, seasonings and mixtures Homemade pasta Cereals, trail mixes and granola Coated or uncoated nuts Vinegar and flavored vinegars Popcorn, popcorn balls What Cottage , Packet Page -1353- Frequently Asked Questions Question: How do 1 sell my cottage food products? Answer: You may sell your cottage food products from your residence directly to the consumer. Sales are also ap- proved at farmer's markets, flea market and roadside stands. Question: Can I use the inter- net to sell my cottage food products? Answer: No, the law prohibits sales over the internet, by mail order, or at wholesale. Question: Am 1 able to de- liver my cottage food prod- ucts? Answer: Yes, you may deliver your cottage food products directly to the consumer or to a specific event venue ,(wedding, birthday celebration etc.) , Question: Do I need a permit or license for my cottage food operation? Answer: No, you do not need a state permit or license for your cottage food operation. However, you should check with your city or county for any requirements they may have.. Question: Is there any limit to how much I can earn from my cottage food operation? Answer: Yes, cottage food operators are limited to $15,000 in gross sales per year. It is the operator's re- sponsibility to comply with ap- plicable laws, rules and regu- lations regarding the collection of sales tax Question: Can 1 make pet treats? Answer: No, the cottage food law applies to human -grade food only. For more informa- tion about pet treat licensing please contact the Feed In- spection Program at (850) 617 -7855. Attachment 8 ".4.riµ Florida Labeling Requirements The cottage food law predominance by requires specific labeling weight; requirements for the sale • The net weight or net of cottage food prod- volume of the cot - ucts. tage food product; • Allergen information as specified by fed - eral labeling re- quirements; , If any nutritional claim is made ap- propriate nutritional information as speci- A cottage food opera- fied by federal lo- tion may only sell cot- beling requirements; tage food products and which are prepackaged The following state - with a label affixed that ment printed in at contains the following least 10 -point type information: (printed in in a color that pro - English) vides a clear contrast to the background • The name and ad- label: "Made in a dress of the cottage cottage food opera - food operation; tion that is not sub- • The name of the cot- jest to Florida's food tage food product; safety regulations." • The ingredients of A sample is shown be- the cottage food low and may assist with product, in descend- developing your cottage ing order of food product label. MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO FLORIDA'S FOOD SAFETY REGULATIONS Chocolate Chip Cookie Ashley Christopher Bryant 1019 Food Safety Drive Tallahassee, Florida 32399 Ingredients: Enriched flour (Wheat flour, niacin, reduced iron, thiamine, 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 soda. Contains: wheat, eggs, milk, soy, walnuts r, Net Wt. '3 oz 10/13/2015 16.D.10. Federal Allergen Labeling Information All cottage food products must be labeled in ac- cordance with the United States Code of Federal Regulations Title 21, Part 101. As a cottage food operator, you must identify if any of your ingredi- ents are made from one of the following food groups: eggs, milk, wheat, peanuts, soybeans, fish and tree nuts. In the sample label (provided at left) possible allergens ore identified as "Contains wheat, eggs, milk, soy and walnuts." This labeling allows con- sumers to avoid food which may be harmful to them. To obtain additional information you may visit the following website which contains more information regarding federal allergen labeling information: httr): / /www.fda.aov Food /LobelinoNutrition/ FoodAIlergensLabelina/ Gyid once Compliance Rea ulatorvinformotion /ucm106187 htm Cottage Food Inspections Know the Rules... The FDACS may investigate any complaint received for a cottage food operation. If your cottage food operation is the subject of a complaint, you must allow a FDACS employee or officer in your cottage food operation to conduct an inspection. The FDACS employee or officer will inspect your cottage food operation to determine compliance with applicable laws, rules and regulations. If you refuse to allow a FDACS employee or of- ficer to inspect your cottage food operation, the FDACS may take disciplinary actions which may include a 55,000 fine. More information is available on page four of this publication. x a , Packet Page -1354- 10/13/2015 16. D.10. State Agency Contact r. A cottage food operation must comply with all applica- Can I Sell My ble county and municipal laws and ordinances regulating Cottage Foods to =J the preparation, processing, storage and sale of cottage food products. Below is a listing for state agency re- Restaurants? sources who may assist you in answering any questions Cottage food opera- regarding cottage foods: 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. htto://www.freshfromflorido.com/ These types of sales are considered "wholesale" and are not allowed un- der the law. Cottage food opera - Be sure to chock 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 M The following websites provide additional information relating to food safety and subsequent requirements as Can I Make SaISOS well as the cottage food legislation: or Barbecue Sauce? United States Food and Drug Administration Processing of low -acid 2009 Food Code foods by retort canning http / /www fda aov/ FoodZFoodSafety /RetailFoodProtection /FooclCode/ or processing of acidi FoodCode2009/ fied foods is not al Cottage Food House Bill 7209 lowed by a cottage htt�/ /www.myfloridahouse.cAov/­``Sections /Bills /bI.I.Isdetail-aspx? food .operator. Billld = 46868 &Sessionld =66 These types of prod- ucts must be commer Chapter 500, Florida Statutes cially processed to en- http / /wvrw lea state fl us Statutes /irdex.cfm? sure sterility under con - AoD mode= Displov Statute &URL =0500- ditions of non- 05 99 Z0500 105 0OContentsindex htmI StatutgYear= 2010 &Title= ° /02D% refrigerated storage 3F2010 %2D %3 €Chapter %20500 and distribution. Food Allergen Labeling and Consumer Protection Act of 2004 Typically, canning or http://www.fdo.clovIFood/LobelingNutritionf FoodAlleraensLabelin processing acidified GuidanceComplianceReaulator _ylnformation /ucm106187.htm foods are done in a state permitted facility. Packet Page -1355-