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Backup Documents 01/12/2016 Item #16D 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUI l 6 9 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 4-) 1 2. fD. 3. County Attorney Office County Attorney Office CMG a p. i 4. BCC Office Board of County Commissioners \A\14 2.\\---\V\„t�V\„ 5. Minutes and Records Clerk of Court's Office -1;101 - 21(9 f L4111 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Amanda Townsend 252-239-7177 Contact/ Department Agenda Date Item was 01/12/16 of Agenda Item Number 16D9 Approved by the BCC Type of Document Long-Term Community Market Agreement Number of Original One Attached with the Florida Dept. of Health in Collier Documents Attached County PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (I tial) Applicable) 1. Does the document require the chairman's original signature 'JD 2. Does the document need to be sent to another agency for additional signatures? If yes, f�, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's //,7 Office Office and all otherparties except the BCC Chairman and the Clerk to the Board 1 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. v ` 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. c's� 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain 11(' time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC o 3-and all changes made during V the meeting have been incorporated in the attacheddoeuine.nt. The County Attorney's Office has reviewed the changes,if applicable. i / 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the r Chairman's signature. i I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1609 MEMORANDUM Date: February 22, 2016 To: Amanda Townsend, Division Director Public Services Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A Long-Term Community Market Agreement with Florida Department of Health to provide a Community Market at the Government Center Attached for your records is a copy of the agreement referenced above, (Item #16D9) approved by the Board of County Commissioners on Tuesday, January 12, 2016. The original document will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment Collier County Parks and Recreation Community Market Facility Use Agreement(Long-Term) This Community Market Facility Use Agreement (Long-Term), is entered into on November 3, 2015 by and between )Florida Department of Health in Collier County (hereinafter "Community Market Manager")and Collier County,a political subdivision of the State of Florida. WHEREAS, the Collier County Board of County Commissioners has publically advertised the intended use in order to afford interested parties an opportunity to submit a competing proposal or objection to the Agreement;and WHEREAS, Collier County has considered all competing proposals and objections and hereby awards this Agreement to the Community Market Manager named herein. Market Name Florida Department of Health in Collier County Market Manager Stephanie Vick,M.S.,B.S.N.,RN Administrator Telephone and Cell Phone Designated Representative: Deborah Chesna (239)252-2594 Office (716)912-2324 Cellular Mailing Address 3339 E.Tamiami Trail,Suite 203 Naples,Florida 34112 Email Address Deborah.Chesnaaflheatth.gov Market Dates Occurs weekly every Friday throughout the year (with the exception of holidays) Market Times 11:OOam-2:OOpm Market Location Collier County Government Complex Specific Location within Park First floor,Courthouse Parking Garage Number of Vendors(maximum/minimum) Maximum: 25/Minimum: 15 Types of items to be sold including whether any Produce,food vendors,services, items are prohibited.(Fireworks are always homemade/handcrafted items _prohibited.) Rental Rate Negotiated contract rate. Payment due at signature. (04-PKR-0tt13/it7949t/I1 1609 18) Maintain compliance with all applicable Iocal, State, or Federal laws including the applicable sections of the Collier County Land Development Code. 19) Obtain and maintain required local,State,or Federal permits at no expense to the County (see attachments"A"and"B"). 20) Timely provide payments to the County. 21) The Community Market Manager may not assign this Agreement, or any part hereof, without prior written approval of the Board of County Commissioners. My 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: I) Collier County reserves the right to object to any particular Vendor. 2) Vendors must obtain, display and keep current all applicable County, State, or Federal licenses, insurance, and/or permits. All Vendors are required to display business names at all times. 3) Food booths must have hand wash sinks,employee(s)must have hair tied back and wear plastic gloves when serving food,according to health code guidelines. 4) Sales tax,when required by the State of Florida,is the responsibility of the Vendor. 5) Vendors shall conduct themselves in a professional manner, respect other vendors and customers. Unacceptable behavior includes profanity,throwing items, hawking items, or make inappropriate comments or gestures. Clothing worn by vendors and vendors' staff shall not contain profanity or obscene images or words. 6) All product labeling shall be truthful and accurate and adhere to the requirements set forth by the State of Florida. Any claims such as organic, pesticide-free, origin, gluten free, free range, sugar free, etc... must be substantiated. Any intentional false claims shall be cause for immediate removal from the Market. 7) Under no circumstance(s)will fireworks of any kind be authorized for sale. [04-PKK-0l 11311179491/11 16 D 9 8) The Collier County Parks and Recreation Director or his designee may direct the Community Events Manager to alter, curtail, or eliminate a specific activity determined to be inappropriate or detrimental to the facility at any time and without prior written notice. 9) This Community Market Facility Use Agreement (Long-Term) shall terminate on June 30.2014. There is no right to renewal. 10) Should the Community Manager wish to renew this Agreement,the Community Manager must request a renewal at least 30 days from the end date of the Agreement. Renewal is subject to approval by the Board of County Commissioners at a regularly scheduled Board meeting. 11) There shall be no discrimination as to race, sex, color, creed, or national origin at Community Market events. C. No Partnership: Nothing herein contained shall create or be construed as creating a partnership between the County and Community Market Manager or to constitute the Community Market Manager as an agent of the County. D. Cancel or Postpone a Community Market: Collier County reserves the right to cancel a Community Market event date at the County's sole discretion and without prior written notice. Parks and Recreation Division events or other Board approved public events shall take precedent over a Community Market. E. Termination of a Community Market Facility Use Agreement: This is an at-will Use Agreement terminable by either party with or without cause on 10 days written notice to the other. During the notification period, both parties agree to meet their respective contractual obligations in good faith. The Agreement may be terminated by the County immediately due to any material breach of this Agreement, including, but not limited to, failure of the Community Market Manager to abide by the terms and conditions set forth herein. The County shall be sole judge of non-performance. F. Indemnification: To the maximum extent permitted by Florida law, the Community Market Manager,shall indemnify and hold harmless Collier County,its officers,and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally 104-rf(R•011139179491(11 16 0 9 wrongful conduct of the Community Market Manager or anyone employed or utilized by the Community Market Manager in the performance of this Agreement. This indemnification obligation shall not be construed to negate,abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Collier County's liability is subject to the limits of sovereign immunity set forth in Section 768.28,Florida Statutes. The parties hereto have made and executed this Community Market Facility Use Agreement (Long- Term). FOR: COMMUNITY MARKET BY: ,r V 11 s.w.y Stephanie Vick,M.S.,H.S.N.,RN Administrator Florida Department of Health in Collier County Community Market Manager {04•PKR•01I13/1179491/1j 1609 STATE OF FLORIDA ) )93 COUNTY OF COLLIER ) Before me a notary public the undersigned authority,personally appeared„:' .11it/f V r r�'�', known to me(or satisfactoryproven)to be theperson whose name is subsc bed to the within instrument, t. and acknowledged that he/she executed the same for the purposes therein contained. SWORN TO AND SUBSCRIBED before me this dayof. ;:f.f',`./1, e`I ,2015. F ( I 7 < 1. I Notaarryr Pub a Signature ,r ; K RISTINE MELISSA GAJOS, Commission S FF 903743 ,0,-....-,.., E Jody 27.2019 •it'A.:. 6.6ditionframogim 11041640111 Notary Public Name—Typed,Printed,Stamped ATTEST: BOARD OF COUNTY COMMISIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA, le"....LA • _.A "1 $ i.0 • By: 414142 Donna Fiala Attest ash'i: Chairman i signatote,o M, '�`+ t; • . ,v., to farm and lity: 400/ —Yr) o leen M. - e Assistant County Attorney Item# " Agenda 1•11.2t (oi P CR,011 r3;I r74t9 rtp Date Date L LK Recd C 1 Deputy'Clerk Attachment A. 160 9 Certifications for Community Market Vendors. Farmers Market Vendor Certifications in a nut shell: No matter what you're selling-if you're selling it,you're in business. Visit http://www.stateofflorida.com/portal/desktopdefault.aspx?tabid=8 to find out more about collecting state sales tax,proper licensing and more. If you're selling Value Added/Processed Food (bread, jeIIy, prepared meals, chopped greens) you must (1) have a food permit,(2)prepare the foods in a facility that meets certain state and federal standards and(3)have a certified Food Protection Manager. 1. Mobil Food Vendors can expect to pay a$275 annual fee for their food permit. 2. General Requirements for the Manufacturing, Processing, Packing, Holding and Retailing of Foods can be found at https://www.flrules.org/gateway/readFile.asp?sid=0&tid=1035492&type=1&file=5K-4.004.doc 3. Section 500.12 (6) of the Florida Statutes requires the department to adopt rules for the certification of food protection managers. The rule is chapter 5k-4.021 of the Florida Administrative Code. ALL food establishments including mobile vendors permitted by the department must have a certified food manager. If you have questions about the Food Manager Certification Program,please visit https://www.flrules.org/gateway/readFile.asp?sid=0&tid=1035783&type=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 I FAX: (850)245-5553 The Division of Food Safety is your best resource on Florida food regulations and licenses. You can visit their website at http://www.doacs.state.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 CERTIFICATIO&navtype=RT &parentnav=AGRICULTURE ` 609 If you're selling fresh produce You need a Growers Permit. These are free. Simply ask Jim DeValerio to register you as a Grower. His number is 904-966-6224 or email:jtd@ufl.edu If you're selling fresh produce by weight visit http://www.doacs.state.fl.us/standard/weights/infobus.html#questionl Your scale must be a certain kind and it must be inspected. Otherwise,sell by the bag,basket or handful. "Fresh From Florida"Florida Agricultural Promotional Campaign(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: http://www.florida-agriculture.com/marketing/fapc membership.htm for more information and an application. Exhibit B 16 09 Florida Department of Agriculture and _ Consumer Services Division of Food Safety February 2014 Atlom H.Putnam,Commissioner Cottage Food Legislation Signed Into Law Quick Reference _ :,.fit efinit ons ; not inspected by any erators with general and Cot tlgeFood dperation state government entity. specific information con- a to}s?f who pro twined in this document. duces er packages cottage - Gross sales for a cot- food•products pt his or her .. residence and:sells suds, tage food operation If you are a prospec- productsin accordance with :;,,;•,-.:',..-4: *. must not exceed tive cottage food opera- Sectiion50p80,Florida:Sta :�� - :� $15,000 annually. tor, please take some Products must be sold time to review this guid- f oilag.e Pared t a.pot.niolly food that is not a potentially The 2011 Florida Leg- directly by the cottage once document so that hazardousfood as defined islature enacted House food operator to the you are better informed iry DACE rule which is sold Bill 7209 allowing indi- consumer. Sales byabout cottage food o In accattage:f,. :. pp.:. ion g p' .•-tnsaccordance`vnih::Sectios :, ; viduals to manufacture, Internet,mail order,con- eration requirements. 500.80 FloridaStatines sell and store certain signment or at wholesale ,'ReLidee.eu i;�defin,ed to:meari types of"cottage food" areprohibited. `iii' = prttttuykr�ildencetftatis a: ;.'''''47.. . +f 4$an indrvKfuoi products in an unlicensed h : whb: laorates":ctcattage.food Cottage food products o eration ancilhat contains a home kitchen. �, p must be labeled in ac- s sing1etEitchenwith'appliances Cottage food products cordance with the re- r designed for common-tesi include such items as ,.� denttalusage; The residence quirements as outlined in mayoniy:contairsone,.stove breads,cakes,cookies, Section 500.80(5), Flor- - or aver,which mai'.be a candies, jams, jellies, and ida Statutes,and United double oven designed:for nan.somrrrsrctal use fruit pies. States Code of FederalP Petenfrally Ifozatdous Food "Cottage food opera- Regulations Title 21, Part r_ - rnecsnsartoodthat requires tions" as the are called 101. ttmep. jtemrorure control for Y safety(TCS),to limit,paiha require no license or All cottage food prod- gen iiiiii oorganismgrowth permit from the Florida ucts,offered for sale to food n t is raw o neat-toot _ fond that is raw or heal Department of Agricul- the general public,must treatted;aplant food that I ture and Consumer Ser- be labeled: "Made in a heat treated;or consists:;of row seed sprouts:aMdt.Ielons _ vices (FDACS),and are cottage food operation INSIDE fyr greens,cut soma that is not subject to Flor- •Jr�D� toes or mixtures of cut,toma ida's food safetyr@ UIQ- WHAT TYPE OF FOODS 2 taeEahat;tro t modified KI 9 a„Wia that they ore.vn Hons.”' CAN t PRODUCE? abf support pathogenic: WHAT TYPES OF FOOD 2 microorganismgrowth;ar The FDACS may inves- ARE NOT ALLOWED? ... idaxln formation,or garlic In. tigote any complaint re- oitmlxtures> +tarenot FREQUENTLY ASKED 2diftedlaci'waj":sothat n ceived against a cottage QUESTIONS they az iiiabletosupport ' food operation. LABELING AND INSPEC- 3 hath geni microorganism TION REQUIREMENTS t ii4$«'h Qr toxin•formation The Division of Food Safety is pleased to pro- COTTAGE FOOD 4 CONTACTS,WEB LINKS .\ 1 f, Frechvide cottage food op- AND RESOURCES . r FDACS-P-01765 16 0 9 :.„,.„.,„.„,..„7„.„,,,,,,,„:„,:,,:,,,=:„::,„i,,,,,,,,„„.,,,...,„.,,„,„„;:,....:,.,,,:„:„.„,„... Florida Department of Agriculture What Types of Cottage Foods Can I Produce? ........._........ ... .. As a cottage food op- Loaf breads, rolls, biscuitsFrequentlyAsked erator, you are allowed Questions to produce food items Cakes, pastries and cookies which are considered not Candies and confections 0"..od prdo_c::..: ...: dt)tt load pto-attc : potentially hazardous. Honey #pert You may sell your cottage food;products;from ' 11S-,-).., - Jams, jellies and preserves your resldettce oiredly to the -.. consumer. Sales are also cp- :: Fruit pies and dried fruits proved at farmer markets,. � -- Dry herbs, seasonings and mixtures spa q►aeket#tndroadside tt Homemade pastao . Can I usethe.inter westIn .. .. . .. .. .__ "; Cereals, trail mixes and granola .0t to still my celtagrfood ;products? The table (at right) Coated or uncoated nuts Answer tile,ttie law prohibits: provides a listingof ac- Vinegar and flavored vinegars or es,or the olesaleOti by mail.' g g air r,;;0tPt,.00.e;dlB: ceptable cottage food Popcorn, popcorn balls Question: /gym lab[atod± products. Although not lIver;in y Cott#giii:ood prod all inclusive, it provides : for most types of ap- = tri Y 'oumay: eliver proved cottage food your cottage food products products. What Cottage Foods directly to the consumer arta a apectfic•event venue lw oolg. 't Are Not Allowed? birlhday-celebration eta cs )Q i o peaeii or license for my cottage foot! Fresh or dried meat or meat products includ- operation? • `� . _ ing jerky Answer:o+iw-,youdo not need .4,,t • Canned fruits and vegetables,chutneys, a state`Perm r licensefor ° vegetable butters and jellies,flavored oils, yonf $ttage food operation' However,fit►should check hummus, garlic dip, salsas etc. : .:„ our c r y Y; �?''4.eounxy#car an If you have any ques- Fish or shellfish products requirements they�may have 1 tions regarding the pro- Canned pickled products such as corn relish, Clttestlone is Cher.any lltmt tai duction of a particular how much i�can sora from cottage food product pickles, sauerkraut o tit aitag+r,:._. Fallon please contact the Raw seed sprouts Answerr Yes,cottage food FDACS's Division of Food Bakery goods which require any type of re- $ 5,O Ors grossi• sales '.., .$,t 0)in 0rtsss Sal@S per Safety, Bureau of Food frigeration such as cream, custard or me- year._It is the operator's re- and Meat Inspection at ringue pies and cakes or pastries with cream s stbilityto< ply with ap=:' (850) 245-5520. cheese icings or fillingspl ablei.. ..:les rand reg:10u Milk and dairy products including hard,soft of sal s taarsiiny the collection and cottage cheeses and yogurt • Cut fresh fruits and/or vegetables. Juices st�ht FGttn f nrtak�e pet / 9 irsaio, ;; made from fresh fruits or vegetables Answers I c-9ttage food ,,.- • - Ice and/or ice products w app talies uman toh grade 4.t:.:7:' 1 food only Far:more tnforma Barbeque sauces, ketchups and/or mustards tion about pet,treat licensing Foccaccia-style breads with vegetables and/ spease cw>raettt Feed to :; st#ettlott Pyogrotn at or cheeses (830:40„7.855.... . :. : 16 0 9 • ,... ____,,,,,, 4,,,,,=____,,,... .4,,,,.--4:,:i:y.:41..i: ..„..z...t.l...v..„., ____..,,,„.„:„.,„.::;:;;;: ii.,,,,Ft42. 77„, :i7-- ... ._____ and 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 _ ,.=:�n"" ' labelingeral re- +' �� and tree nuts. m , quirements; - • i • If any nutritional In the sample label (provided at left) possible �t � claim is made, ap- allergens are identified as "Contains wheat,eggs, j` propriate nutritional milk, soy and walnuts.'" This labeling allows con- information as speci-fied by federal la- them. tion may only sell cot- baling 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 httg://www.filo.ciov/Fgod/LobeiinaNutrition/ information: (printed in in a color that pro- FoodAuersaensi abelina/ English) vides a clear contrast GuidonceComDlianseReaulatorYInformationiucm106187-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- jest to Florida's food tage food product; safety regulations." E-TX• 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 duct, in descend- pro developing your cottage ` food operation. ing order of food product label. If your cottage food operation is the subject of a complaint,you DE i.N.A C5 ' E FOOD 1ii#RAiinott3`HAT must allow a FDACS employee or officer in your ISNOTSUBJECT O FLORIDFOODET cottage food operation to conduct an inspection. �z:::•.. : .............. The FDACS employee or officer will inspect your `� cottage food operation to determine compliance e a " � 1 with applicable laws, rules and regulations. Ashi:4-4 isto*�amt ialtol=oodSafehrpri If you refuse to allow a FDACS employee or of- Ti+iiahasse+e� to a fiver to inspect your cottage food operation, the FDACS may take disciplinary actions which may ingredients_Enrichedd lour(Wheatflo nlaci ,reduced iron,thiamine, include a $5,000 fine. mononitratg riboitavltt }otic ac s butter(miikc salt}.ahvc91,4 f 7 et (sugar chocolate ligtor.coma butter,butterfat(milk) ; ' hin as✓m, More information is available on page four of emulsif r),walnut$,sugar eggs,sats,artificial vanilla ex ,batsing soda this publication. Contains�e 5 f walnuts a i ; .iNl t. o 160 9 State Agency Contact :i ' . ` . :: A cottage food operation must comply with all applica- � `"" ble county and municipal laws and ordinances regulatingi. ~: the preparation, processing, storage and sale of cottage C`�e�dsto t-' t� food products. Below is a listing for state agency re- : t !>.„:",„:„is,i.,i........................t�dflf' -5,,== • sources who mayassistyou in answerin an uestions 9 Yq regarding cottage foods: ' ` ' =op,. ::..,... .:,,,....... era";.;:' i tors aile.n it ea`>to ':= ` '' ' age d .Yloc°ilrest°suFDACS of Agriculture and Consumer Services _p jtDivision of Food Safety r n rgr rysore .($50) 245-5520 http://www.freshfromflorida.com/ " hes pes of s ates'are :,,,� d ` _olesale" andr aar = of allow ed un- der the law,.. Coa gs food operp :. Be sure to check with your local municipal, city or county tstnustae�; hetr co:- government for additional requirements! rfood r ducts di- rettfy•to a consumer Ott r. Documents and Publications ' C� The following websites provide additional information ra 16119 Exhibit C ..:*,ter-.; DEPARTMENT OF FINANCIAL SERVICES , Division of Risk Management STATE RISK MANAGEMENT TRUST FUND Policy Number: GL-8300 General Liability Certificate of Coverage Name Insured: Department of Health General Liability Coverage provided pursuant to Chapter 284,Part II, Section 768.28, Florida Statutes,and any rules promulgated thereunder. Coverage Limits: General Liability: $200,000.00 each person $300,000.00 each occurrence Inception Date: July 1, 2015 Expiration Date: July 1,2016 CHIEF FINANCIAL OFFICER DFS-D0-863 (REV.3/01) 1609 t.t'T ?i, DEPARTMENT OF FINANCIAL SERVICES 41 t� Division of Risk Management STATE RISK MANAGEMENT TRUST FUND GENERAL LIABILITY CERTIFICATE OF COVERAGE In consideration of the provisions and stipulations contained herein or added hereto and for the premium charged, the State Risk Management Trust Fund, hereinafter referred to as the"Fund", certifies that the State department or agency named in this certificate is hereby provided general liability coverage. Coverage shall be effective on the inception date at 12:01 a.m.standard time. This certificate is comprised of the foregoing provisions and stipulations,together with such other provisions and stipulations as may be added hereto by the Fund in the future: I. COVERAGES (2) maintained for use exclusively on premises owned General Liability Coverage--Bodily and Property Damage by or rented to the named insured, including the To pay on behalf of the insured all sums which the insured shall ways immediately adjoining,or become legally obligated to pay as damages for injury or loss of (3) designed for use principally off public roads,or property, personal Injury, or death caused by the negligent or (4) designed or maintained for the sole purpose of wrongful act or omission of any officer, employee, agent or affording mobility to equipment of the following types volunteer of the named insured, as such terms may be further forming an Integral part of or permanently attached defined herein or by administrative rule, while acting within the to such vehicle; power cranes, shovels, loaders, scope of his office or employment, pursuant to the provisions diggers and drills; concrete mixers (other than the and limitations of Chapter 284, Part II and Section 768.28, mix-in-transit type); graders, scrapers, rollers and Florida Statutes. other road construction or repair equipment; air- compressors, pumps and generators, including II. DEFENSE,SETTLEMENT,SUPPLEMENTARY PAYMENTS spraying,welding, and building cleaning equipment; With respect to such coverage as is afforded by this certificate, and geophysical exploration and well-servicing the Fund shall: equipment. (a) defend any proceeding against the insured seeking such benefits and any suit against the insured alleging such IV. EXCLUSIONS injury and seeking damages on account thereof, even if This certificate does not apply: such proceeding or suit is groundless,false,or fraudulent. (a) to bodily injury or property damage arising out of the The Fund will investigate all claims filed against the ownership, maintenance, operation, use, loading or insured in order to determine the legal liability of the unloading of: insured and to determine damages sustained by the (1) any automobile owned or operated by or rented or claimant. The Fund will negotiate,settle,or deny the claim loaned to any insured,or based on these findings and appropriate Florida law. (2) any other automobile operated by any person in the (b) pay all premiums on bonds to release attachments and on course of his employment by any insured, but this appeal bonds required in any such defended suit for an exclusion does not apply to the parking of an amount not in excess of the applicable limit of liability automobile on premises owned by, rented to, or established in this certificate; controlled by the named insured or the ways (c) pay all expenses incurred by the Fund, all costs taxed Immediately adjoining, if such automobile is not against the insured in any such suit, and all interest owned by,rented,or loaned to any insured; accruing after entry of judgment until the Fund has paid, (b) to any action which may be brought against the named tendered,or deposited in court that part of such judgment insured by anyone who unlawfully participates in riot, as does not exceed the limit of the Fund's liability thereon; unlawful assembly,public demonstration,mob violence,or (d) pay expenses incurred by the insured for such immediate civil disobedience if the claim arises out of such riot, medical relief to others as shall be imperative at the time of unlawful assembly,public demonstration,mob violence,or the accident. civil disobedience; (c) to any obligation for which the insured or the Fund may be Ill. DEFINITIONS held liable under any employer's liability or workers' (a) Named Insured - The department or agency named compensation law; herein. (d) to property damage to property owned or occupied by the (b) Insured-State department or agency named herein,their insured; officers,employees,agents or volunteers. (e) to property damage to premises alienated by the insured (c) Volunteer-Any person who of his own free will, provides arising out of such premises or any part thereof; goods or services to the named insured,with no monetary (f) to loss of use of tangible property which has not been or material compensation as defined in Chapter 110, Part physically injured or destroyed,resulting from: IV,Florida Statutes. (1) a delay in or lack of performance by or on behalf of (d) Agent - Any person not an employee, acting under the the named insured of any contract or agreement; direct control and supervision of a state agency or (2) the failure of the named insured's products,or work department, for the benefit of a state agency or performed by or on behalf of the named insured to department. meet the level of performance, quality fitness, or (e) Automobile - A land motor vehicle, trailer, or semi-trailer durability warranted or represented by the named designed and licensed for use on public roads (including insured; machinery or apparatus attached thereto), but does not (g) to property damage to the named insured's products include mobile equipment. arising out of such products or any part of such products; (f) Mobile Equipment-A land vehicle(including machinery or (h) to property damage to work performed by or on behalf of apparatus attached thereto),whether or not self-propelled; the named insured arising out of the work or any portion (1) not subject to motor vehicle registration,or DFS-Do-863 Revised 11/05 Page 1 of 2 16 D 9 thereof,or out of materials, parts, or equipment furnished giving evidence and obtaining the attendance of In connection therewith; witnesses. The insured shall not,except at his own (i) eminent domain proceedings or damage to persons or cost, voluntarily make any payment, assume any property of others arising therefrom; obligation or incur any expenses other than for first (j) to punitive damages; aid to others at the time of accident. (k) to actions of insureds committed In bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights,safety,or property; (4) Action Against the Fund (I) to professional medical liability of the Board of Regents, No action shall lie against the Fund unless, as a the physicians, officers, employees, or agents of the condition precedent thereto, the insured shall have Board; been in full compliance with all of the terms of this (m) to liability related in any way with nuclear energy; certificate and the provisions of applicable Florida (n) to liability assumed by the insured under any contract or Statutes. agreement; (5) Severability of Interest (o) to final judgments in which the insured has been The term "the insured" is used severally and not determined to have caused the harm intentionally; collectively, but the inclusion herein of more than (p) to awards for injunctive, declaratory, or prospective relief one insured shall not operate to increase the limits rendered against an insured by any federal or state court, of the Fund's Iiabitty. agency or commission. (6) Limits of Liability V. CONDITIONS The limit of liability expressed as applicable to"each A. Premium person" Is the limit of the Fund's liability for all Premium charges shall be assessed in accordance with damages, including damages for care and loss of the provisions of Chapter 284,Part II,Florida Statutes,and services, arising out of personal injury and property any rules promulgated thereunder utilizing a retrospective damage sustained by one person as a result of any rating arrangement premium calculation method whereby one occurrence;but the total liability of the Fund for 80%of the premium is based on losses actually incurred all damages sustained by two or more persons as a by the Insured and 20% is based on the changes in risk result of any one occurrence shall not exceed the exposures (employees,etc.) of an insured. The premium limit of liability as applicable"each occurrence". must be paid promptly by an insured agency from its (7) Other Insurance operating budget upon receiving the premium bill or If there is insurance applicable to any claim, the invoice• coverage extended by this certificate shall apply only as excess insurance over any and all other B. Audit applicable insurance. The Fund shall be permitted to examine and audit the (8) Terms of Coverage insured's books and records at any time during the term of This certificate is issued for the purpose of this coverage and any extension thereof,and within three confirming coverage as contemplated by Chapter years after the final termination of this coverage,as far as 284, Part II, Florida Statutes. In the event of any they relate to the premium bases or the subject matter of conflict between provisions or coverages in this this coverage. certificate and the provisions of any Florida Statutes or laws including, but not limited to the aforesaid, C. Insured's Duties in the Event of Occurrence,Claim or said statutes and laws shall control. Suit (9) Cancellation (1) Event of Occurrence Failure of the Fund to receive the amount of Written notice containing particulars sufficient to premiums billed to the insured agency within the identify the insured, along with reasonably time frames allowed by law may result in 1 obtainable information with respect to the time,place cancellation of the certificate of coverage. 1 and circumstances thereof, the names and Payments must be made promptly from the insured's addresses of the injured and all known witnesses, operating budget upon receipt of the premium bill as shall immediately be given by or for the insured to specified in Section 284.36, Florida Statutes, and the Fund. lack of prompt payment will result in a request from (2) Notice of Claim or Suit the Fund to the Comptroller to transfer premiums If claim is made by suit brought against the insured, from any available funds of the delinquent agency the insured shall immediately forward to the Fund under the provisions of Section 284.44(7), Florida every demand, notice, summons, or other process Statutes. received by him or his representative. Failure by the insured to advise the Fund of a claim or suit prior to D. Self-Insurance Coverage a settlement agreement or the insured otherwise Coverage for defending and paying claims under this obligating itself,shall void coverage by the Fund,for certificate is provided under the authority of Chapter that claim. 284,Florida Statutes,wherein the state is authorized (3) Assistance and Cooperation of the Insured to administer a self-insurance program. Provision of The insured shall cooperate with the Fund and,upon this certificate does not constitute the issuance of the Fund's request, assist in making settlements,in insurance other than on a self-insurance basis,and the conduct of suits and in enforcing any right of payment of any covered claim obligations is contribution or indemnity against any person or contingent upon availability of legislative funding. organization who may be liable to the Insured because of injury or damage with respect to which coverage is afforded under this certificate, and the insured shall upon request, make available all agency records pertaining to a specific claim, shall attend hearings and trials and assist in securing and DFS-DO-863 Revised 11/05 Page 2 of 2