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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 Packet Page -1267- 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 Packet Page -1268- 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 Packet Page-1269- 11/10/2015 16.D.16. 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� Packet Page-1270- 11/10/2015 16.D.16. 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 Packet Page-1271- 11/10/2015 16.D.16. 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 Packet Page-1272- 11/10/2015 16.D.16. 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] Packet Page-1273- 11/10/2015 16.D.16. 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) Packet Page-1274- 11/10/2015 16.D.16. 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 Packet Page-1275- 11/10/2015 16.D.16. 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 Packet Page-1276- 11/10/2015 16.D.16. 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. Packet Page -1277- 11/10/2015 16.D.16. 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 Packet Page-1278- 11/10/2015 16.D.16. 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. Packet Page -1279- 11/10/2015 16.D.16. 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 Packet Page-1280- 11/10/2015 16.D.16. 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. Packet Page-1281- 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- _