Agenda 11/10/2015 Item #16D16 11/10/2015 16.D.16.
EXECUTIVE SUMMARY
Recommendation to approve a Long Term Community Market Agreement with Joe Rakow,
Market Manager to provide a Community Market at Golden Gate Community Park.
OBJECTIVE: To provide the citizens who visit Golden Gate Community Park with a long term
Community Market in compliance with the Board direction.
CONSIDERATIONS: Staff was requested by Mr. Joe Rakow on September 25, 2015 to enter into an
agreement with the Board to operate a "Community Market" at Golden Gate Community Park. Staff
issued a press release and posted on the Parks and Recreation Division website notification to all others
who might have an interest in providing a market at these locations for a 30-day period. No other party
demonstrated any interest in providing such a service at this location.
The Golden Gate Community Park Market will be held from 2PM to 7PM every Friday and is planned to
be held from November 2015 to May 2016.
The item was presented to Parks and Recreation Advisory Board (PARAB) on October 20, 2015, and the
Advisory Board voted 5-0 to endorse the recommendation by staff to allow the market at Golden Gate
Community Park.
FISCAL IMPACT: Under the terms 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 $1,300 which will be accounted for in the Golden Gate
Community Park cost center.
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 approves and authorizes the
Chairman to sign a Long Term Community Market Agreement with Joe Rakow for the operation of a
Community Market at Golden Gate Community Park.
Prepared by: Barry Williams, Director, Parks and Recreation Division
Attachments:
1)Long-Term Community Market Agreement with exhibits A, B, and C
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11/10/2015 16.D.16.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.16.
Item Summary: Recommendation to approve a Long Term Community Market
Agreement with Joe Rakow, Market Manager to provide a Community Market at Golden Gate
Community Park.
Meeting Date: 11/10/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst,Parks &Recreation
10/27/2015 2:25:11 PM
Submitted by
Title: Division Director-Parks &Recreation, Parks&Recreation
Name: WilliamsBarry
10/27/2015 2:25:12 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
Date: 10/27/2015 3:31:39 PM
Name: Washburnllonka
Title: Manager-Park Operations,Parks&Recreation
Date: 10/27/2015 3:33:12 PM
Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 10/27/2015 3:54:20 PM
Name: WilliamsBarry
Title: Division Director-Parks &Recreation, Parks &Recreation
Date: 10/27/2015 4:27:26 PM
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11/10/2015 16.D.16.
Name: CarnellSteve
Title: Department Head-Public Services,Public Services Department
Date: 10/27/2015 4:37:52 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 10/27/2015 4:49:40 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/28/2015 8:43:06 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 10/28/2015 1:53:06 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/30/2015 2:47:16 PM
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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� __
by and between�'Cl 'L kiNP0/f(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 n O\ � � �CO� V‘ \\∎1
Market Manager `,9, Q\C>sYc`CM)
Telephone and cell phone a<:\— y O Co- 1-4 33 '1
co- L Li a9 ai.2O
Mailing Address , : .rl
Email Address
(c›NCV\f3CCi\ \k-• CDOUC) U)4
Market Dates g0 . AO 1 _ 1 &O`
Market Times �"
t, 0,0 •\\\/■- t-t CO ,
Market Location p0110 C •: \ ,
Specific location within
park \� Qc„\g-\c\% \c....„--K- 7
Number of vendors .i
(maximum/minimum)
Types of items to be sold co �X.)C.c.,2
including whether any 91`2v O 0
items are prohibited. �,Q V"C�1 � � „3-7e)-0
(Fireworks are always �� �O� j `� ,
rohibited.) '3'O .�.�
etaate Q C7 Negotiated coy _: P ent due at signature.
111\
(04-PKR-01113/1179491/1]
II P�
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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.
[04-PKR-01113/1179491/1)
A
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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
[04-PKR-01113/1179491/1)
Ce
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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 Postaose 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.
[o4-PKR-01113/1179491/1]
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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).
FOR: CO I F�I Y , •-•: T
"1
By: ���, , �A , v
Y
C•ir`rt 1 'r`,'ket Manager
[04-PKR-01113/1179491/1] Y
(I)
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I
STATE OF FLORIDA )
COUNTY OF CDW ,- )ss
e
Before me a notary public, the undersigned authority, personally appeared,
z5�eL tk we k Q.e V.oc..J , known to me(or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that he/she executed the
same for the purposes therein contained.
SWORN TO AND SUBSCRIBED before me this IS} day f 0 Lkobt-"" 2015.
e
087 No blic Signature
' .�ti7 r ft) 0
i _ �A AG 10
war Notary Public Name-Typed, Stamped
�cwy � tary yped,Printed or Scam d
;"ape Im+oo 4t
O_J.;1' ,� Q?i,
AT s 'd BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA,
By:
,Deputy Clerk Tim Nance
Chairman
Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
[04-PKR•01113/217949I/1)
S
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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/desktopdefaultaspx?tabid=8 to find out more about collecting state
sales tax,proper licensing and more.
If you're selling Value Added/Processed Food (bread jelly,prepared meals, chopped greens). you must (1)
have a food permit,(2)prepare the foods in a facility that meets certain state and federal standards and(3)have a
certified Food Protection Manager.
1. Mobil Food Vendors can expect to pay a$275 annual fee for their food permit
2. General Requirements for the Manufacturing, Processing, Packing, Holding and Retailing of Foods can be
found athttps://www.flrules.org/gateway/readFile.asp?sid=0&tid=1035492&type=4Rrfile=5K 4.004.doc
3. Section 500.12 (6) of the Florida Statutes requires the department to adopt rules for the certification of food
protection managers. The rule is chapter 5k-4.021 of the Florida Administrative Code. ALL food
establishments including mobile vendors permitted by the department must have a certified food manager.
If you have questions about the Food Manager Certification Program,please visit
https://www.flrules.org/gateway/readFile.asp?sid=0&tid=1035783&type=l&file=5K-4.021.doc AND
http://www.doh.state.fl.us/ENVIRONMENT/COMMUNITY/food/foodmanager.htm
State contact who can answer additional questions:
Aggie R Hale,Environmental Administrator
3125 Conner Boulevard,Suite H,Tallahassee,FL 32399-1650
email: foodinsp@doacs.state.fl.us
Phone: (850)245-5520 ( FAX:(850)245-5553
The Division of Food Safety is your best resource on Florida food regulations and licenses. You can visit their
website at http://www.doacs.state.fl.us/fs/
If you're selling plants in dirt(nursery plants);you need a Nursery License. Contact Division of Plant Industry
in Gainesville 352-372-3505. They will send an inspector out to see your plants and fill out an easy form. Entry
level fee is$25. As your nursery stock increases,so does the annual inspection fee.
If you want to label your produce as "Organic", it must be certified by an approved certifying agency - but,
you're exempt from organic certification if you grow or handle less than$5,000 gross sales from organic produce.
However,you must still be in full compliance with the National Organic Program's(NOP)rules and regulations.
Florida Organic Growers (FOG) is the state's approved certifying agency in Gainesville 352-377-6345. You will
need to document that the land you're growing on has met organic standards for the past three years.
Certification fees are based on how many acres you have under organic production. Certification fee for a 0-20
acre plot is approximately$425. Certification for a 200 acre farm is approximately$550. Certification takes 60-90
days and includes an inspection
Florida doesn't currently have cost-share program to help pay for the Certification process, but funding may
come from the USDA National Organic Program(NOP)to help offset the expense. The FOG maintains a waiting
list for cost share funding. Erin Mullane is the Organics expert at the State Department of Agriculture-she can
be reached at 850-922-9928.
More information can be found at
http://www.usda.gov/wps/portal/!ut/p/ s.7 0 A/7 0 1OB?navid=ORGANIC CERI1FICATIO&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.fLus/standard/weights/infobus.html#questionl
Your scale must be a certain kind and it must be inspected. Otherwise,sell by the bag,basket or handful.
"Fresh From Florida"Florida Agricultural Promotional Campaign(FAPO
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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Florida Department of Agriculture and
Consumer Services Division of Food Safety
February 2014
Adam H.Putnam,Commissioner
Cottage Food Legislation Signed Into Law
inspected by any erators with general and '
Operation
state government entity. specific information con- '" "who pro`
duce,Or paak t17 Witage
Gross sales for scot- tamed in this document. fogtiptpcttosdt�ftb orltier
ret#114 Old': . such
tage food operation If you are a prospec- precryd,firl acordance with
_ t must not exceed tive cottage food opera- encla.80,Florida Stet-
` I." please take some utes
�� � , $15,000 annually. tor, p
Products must be sold time to review this guid- Co#�brq(PetedPa potemacro
foo�thpt Is hot a potentially
The 2011 Florida Leg- directly by the cottage ante document so that hazdrdoosfood as defined
islature enacted House food operator to the you are better informed by FDACS whirl,Is sold
Bill 7209 allowing indi- consumer. Sales by about cottage food op- by a cottage food operation
Y out g p' in adtordance with Section
viduals to manufacture, Internet, mail order,con- eration requirements. 500.80,Florida Statutes.:
sell and store certain signment or at wholesale Residence is defined to mean
types of "cottage food" are prohibited. a primary residence that is
P i occupied by an individual
products in an unlicensed . 2 who operates a cottage food
home kitchen. Cottage food products operation and that contains a
must be labeled in ac- single kitchen with appliances
Cottage food products cordance with the re- designed for common resi-
dential usage. The residence
include such items as
quirements as outlined in may only contain one stove
breads, cakes, cookies, Section 500.80(5), Flor- or oven,which may be a
candies, jams, jellies, and ida Statutes, and United double oven designed for
non-commercial use.
fruit pies. States Code of Federal
Potentially Hazardous Food
"Cottage food opera- Regulations Title 21, Part means a food that requires
tions" as they are called 101. time/temperature control for
safety(TCS)to limit patho-
require no license or All cottage food prod- genic microorganism growth
permit from the Florida ucts, offered for sale to or toxin formation;An animal
food that is raw or heat-
Department of Agricul- the general public, must treated;a plant food that is
ture and Consumer Ser- be labeled: "Made in a heat treated or consists of
vices (FDACS), and are raw seed sprouts,cut melons,
( )r cottage food operation cut leafy teens cut toma-
that p INSIDE toes or mixtures of cut toma-
toes is not subject to Flor-
toes that are not modified in
ida's food safety regula- WHAT TYPE OF FOODS 2 a way so that they are un-
CAN CAN I PRODUCE? able to support pathogenic
WHAT TYPES OF FOOD 2 microorganism growth or
The FDACS may inves- ARE NOT ALLOWED? toxin formation,or garlic-in-
oil any complaint re- 2 mixtures that are not
FREQUENTLY ASKED modified in a way so that
ceived against a cottage QUESTIONS they are unable to support
food operation. LABELING AND(NSPEG 3 pathogenic microorganism
growth or toxin formation.
The Division of Food TION REQUIREMENTS
Safety is pleased to pro- COTTAGE FOOD 4
CONTACTS,WEB LINKS �, I F�
vide cottage food op- AND RESOURCES w.i,.��.�,-
le • . e
FDACS-P-01765
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Florida Department of Agriculture
What Types of Cottage Foods Can I Produce?
As a cottage food o Frequently Asked
9 P- Loaf breads, rolls, biscuits
erator, you are allowed Questions
Cakes, pastries and cookies
to produce food items Question: How do I sell my
which are considered not Candies and confections cottage fowl products?
potentially hazardous. Honey Answer. You may sell your
cottage food products from
Jams, jellies and preserves your residence directly to the
consumer. Sales are also ap-
Fruit pies and dried fruits proved at farmer's markets,
`' -- Dry herbs, seasonings and mixtures flea market and roadside
stands.
Homemade pasta Question: Can I use the.inter-
\ Cereals,trail mixes and granola net to sell my cottage food
products?
The table (at right) Coated or uncoated nuts Answer: No,the law prohibits
sales over the internee,by mail
provides a listing of ac- Vinegar and flavored vinegars order,or at wholesale.
ceptable cottage food Popcorn, popcorn balls Question: Am I able to de-
products. Although not liver my cottage,food prod-
all inclusive, it provides ucts?
for most types of ap- Answer: Yes,you may deliver
proved cottage food your cottage food products
products. - What Cottage Foods directly to the consumer or to a
roducts. g specific event venue(wedding,
..
Are Not Allowed? birthday celebration etc.)
Question: Do I need a permit
or license for my cottage food
Fresh or dried meat or meat products includ- operation?
I ing jerky Answer: No,you do not need
: . Canned fruits and vegetables, chutneys, a state permit or license for
your cottage food operation.
vegetable butters and jellies, flavored oils, However,you should check
hummus, garlic dip, salsas etc. with your city or county for any
If you have any ques- Fish or shellfish products requirements they may have..
tions regarding the pro- Canned pickled products such as corn relish, Question: Is there any limit to
duction of a particular how much I can earn from
pickles, sauerkraut
cottage food product my cottage food operation?
please contact the Raw seed sprouts Answer: Yes,cottage food
FDACS's Division of Food Bakery goods which require any type of re- operators$15 are limited to
ye
Safety, Bureau of Food fri 9 eration such as cream, custard year. It tard or me- It is the in sales per
operator's re-
and Meat Inspection at ringue pies and cakes or pastries with cream sponsibility to comply with ap-
(850) 245-5520. cheese icings or fillings plicable laws,rules and regu-
lations regarding the collection
Milk and dairy products including hard, soft of sales tax
and cottage cheeses and yogurt
Question: Can I make pet
Cut fresh fruits and/or vegetables. Juices treats?
made from fresh fruits or vegetables Answer: No,the cottage food
Ice and/or ice products law applies to human-grade
,i. food only. For more infortna-
Barbeque sauces, ketchups and/or mustards tion about pet treat licensing
please contact the Feed In-
` "a Foccaccia-style breads with vegetables and/ spection Program at
or cheeses (850)617-7855.
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ri nd Consumer Services
Florida Labeling Requirements Federal Allergen
Labeling Information
The cottage food law predominance by
requires specific labeling weight; All cottage food products must be labeled in ac-
requirements for the sale • The net weight or net cordance with the United States Code of Federal
of cottage food prod- volume of the cot- Regulations Title 21, Part 101. As a cottage food
ucts. tage food product; operator, you must identify if any of your ingredi-
• Allergen information ents are made from one of the following food
as specified by fed- groups: eggs, milk, wheat, peanuts, soybeans, fish
r eral labeling re- and tree nuts.
'",, `.- quirements;
K . ;z,r_ • 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- surners to avoid food which may be harmful to
A cottage food opera- fled by federal la- them.
tion may only sell cot- beling requirements;
tage food products and To obtain additional information you may visit the
which are prepackaged The following state- following website which contains more information
with a label affixed that ment printed in at regarding federal allergen labeling information:
contains the following least 10-point type http://www.fda.aov/Food/LabelinaNutrition/
information: (printed in in a color that pro- FoodAllergenslabeling/.
English) vides a dear contrast GuidanceComolianceRegulatorrinformation/ucm106187.htm
to the background
• The name and ad- label: "Made in a Cottage Food Inspections
dress of the cottage cottage food opera-
food operation; tion that is not sub- Know the Rules...
• The name of the cot- ject to Florida's food
tage food product; safety regulations."
• The ingredients of A sample is shown be- The FDACS may investigate any
the cottage food low and may assist with complaint received for a cottage
product, in descend- developing your cottage food operation.
ing order of food product label. If your cottage food operation is
the subject of a complaint, you
I MA0441 E - QPERA 1.ON THAT must allow a FDACS employee or officer in your
IS NOT F * w PO ETY cottage food operation to conduct an inspection.
LJ ' F The FDACS employee or officer will inspect your
GhooOtate Chip cottage food operation to determine compliance
Cookie applicable laws, rules and regulations.
Christopher l(,yant
tufa Food Drive If you refuse to allow a FDACS employee or of-
Tai Saee;Metal 3 ficer to inspect your cottage food operation, the
FDACS may take disciplinary actions which may
ingredients:Entich4Net.t treat flour,niacin,Ledsged iron,thiamine, include a $5,000 fine.
mononitrate,�f in 1b.0 apid),butte(milk,414 chocolate chips
(sir,C lv •- kr,RW oa b; r,,be rfat(011 k),SOX Iedthln as an
emulsifier). :salt,artificiai vanii arl'baking More information is available on page four of
soda. this publication.
Cottttalnx wheat,eggs,Milk,soya walnuts
Net Wt.3 oz
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State Agency Contact
t A cottage food operation must comply with all applica- Can I Sell My
ble county and municipal laws and ordinances regulating Cottage Foods to
the preparation, processing, storage and sale of cottage
' food products. Below is a listing for state agency re- Restawants?
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.
http://www.freshfromflorida.com/ These types of sales are
considered "wholesale"
and are not allowed un-
der the law.
Cottage food opera-
Be sure to check with your local municipal, city or county tors must sell their cot-
government for additional requirements! tage food products di-
rectly to the consumer.
Documents and Publications = l ij-
The following websites provide additional information -
relating to food safety and subsequent requirements as
well as the cottage food legislation: _ Can I Make Salsas
or Barbecue
Sauce?
United States Food and Drug Administration Processing of low-acid
2009 Food Code foods by retort canning
http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/ or processing of acidi-
FoodCode2009/ fled foods is not al-
Cottage Food House Bill 7209 lowed by a cottage
http://www.myfloridahouse.gov/Sections/BillsJbillsdetail.aspx? food operator.
BillId=46868&Sessionld=66
These types of prod-
Chapter 500, Florida Statutes ucts must be commer-
http://www.leg.state.fl.us/Statutes/index.cfm? cially processed to en-
App mode=Displav Statute&URL=0500- sure sterility under con-
0599/0500/0500Contentslndex.html&StatuteYear=2010&Title=%2D% ditions of non-
3E2010%2 D%3EChapter%20500 refrigerated storage
and distribution.
Food Allergen Labeling and Consumer Protection Act of 2004
http://www.fda.gov/Food/LabelinaNutrition/FoodAllergensLabelinq/ Typically, canning or
GuidanceComplianceRegulatorylnformation/ucm106187.htm processing acidified
foods are done in a
state permitted facility.
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11/10/2015 16.D.16.
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
A
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 -1282-
11/10/2015 16.D.16.
9. ® Thirty(30)Days Cancellation Notice required.
Ljb 5/11/2015
Lessee's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five(5)days of the award of this Lease agreement.
Name of Firm Date
Lessee Signature
Print Name
Insurance Agency
Agent Name Telephone Number
Long Term Market Page 2
Packet Page-1283-
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