Agenda 06/14/2016 Item #16D14 Proposed Agenda Changes
Board of County Commissioners Meeting
June 14,2016
Add On Item 10A: Recommendation to consider a proposal from the Marco Island City Council to
return County Road 92A(Goodland Road)to Collier County's jurisdiction and authorize the County
Manager to further explore this option with the Marco Island City Manager. (Commissioner Fiala's request)
Continue Item 16E4 to the June 28,2016 BCC Meeting: Recommendation to award Request for Proposal
#16-6618, "Annual Contract for General Contractor Services" to the following six firms: Surety Construction
Company,Bradanna, Inc.,Compass Construction,Inc.,William J. Varian Construction Company,Inc.,
Chris Tel,and EBL Construction. (Commissioner Taylor's request)
Move Item 16I1 to Item 13A: Miscellaneous Correspondence. (Commissioner Nance's request)
Move Item 16J2 to Item 13B: To record in the minutes of the Board of County Commissioners,the check
number(or other payment method),amount,payee,and purpose for which the referenced disbursements
were drawn for the periods between May 12 to June 1,2016 pursuant to Florida Statute 136.06.
(Commissioner Nance's request)
Move Item 16J3 to Item 13C: To provide to the Board a "Payables Report" as of June 8,2016 pursuant to
the Board's request. (Commissioner Nance's request)
Note:
Item 16A5 does not require Ex Parte Disclosure: • • • . .• . • . . • . • . . • . • . . •. .
Recommendation to approve a Right-of-Way Easement Use Agreement to allow the owner of Lot 16,Block B,
Rock Harbor to install an approximately 18 foot long fence within the Harbor Road right-of-way,at the
eastern terminus of the road adjacent to the property. (County Attorney's request)
Item 16D14: Modify the Memorandum of Understanding document,
where appropriate, to identify the County Manager or his designee as the
responsible agent that will manage the contract on behalf of the Board of
County Commissioners. (Commissioner Henning's request)
6/14/2016 8:32 AM
6/14/2016 16.D.14.
EXECUTIVE SUMMARY
Recommendation to approve the Memorandum of Understanding with Animal Compassion Project
and For the Love of Cats to coordinate a community-based Trap-Neuter-Return Program for feral
cats.
Objective: To reduce the number of feral cats in Collier County and the number of stray cats entering
Domestic Animal Services.
Considerations: On January 26, 2010, the Board of County Commissioners approved changes to the
animal control ordinance that included revisions to accommodate trap-neuter-return of feral cats when a
community agency is contracted with Collier County to monitor and manage such a program.
Under the Memorandum of Understanding (MOU), the designated agency monitors and manages a
community-wide trap-neuter-return program. The agency assures best management practices are observed
by caregivers, reclaims any managed feral cat(s) impounded by Animal Services, and intervenes to
correct general nuisance violations created by managed feral cats. The MOU stipulates that the program
be reviewed after a three-year time to assess its success.
The partnership between Collier County Domestic Animal Services and the group designated to provide
these services has been very successful historically. The group works to remedy and mediate nuisances if
citizens have complaints about colony cats, and reclaims managed cats impounded at Domestic Animal
Services.
Prior to the expiration of the MOU, several community cat groups and community members attended a
workshop to modify the existing MOU. With community input, the MOU was changed to allow
consistent time lines to register colonies, mediate nuisance complaints, and provide information upon
request.The new MOU also allows registered owners to claim their identifiable feral cat(s) so that the full
responsibility does not fall on the groups partnered with Domestic Animal Services. Additionally, the
measure for success of the program was modified to the reduction of feral cats euthanized at Domestic
Animal Services.
The MOU's between Animal Compassion Project,For the Love of Cats, and the Collier County Board of
County Commissioners (BCC) was presented to the Animal Services Advisory Board (ASAB) at their
regularly scheduled meeting on March 29, 2016. The ASAB voted unanimously to recommend that the
Board of County Commissioners approve the MOU's between Animal Compassion Project,For the Love
of Cats,and the BCC.
Fiscal Impact:No Fiscal Impact is associated with this action.
Growth Management Impact:No Growth Management Impact is associated with this action.
Legal Considerations: This item has been reviewed by the County Attorney's Office, is approved as to
form and legality,and requires majority vote for approval. -ERP
Recommendation: That the Board of County Commissioners approves the Memoranda of Understanding
with the Animal Compassion Project and For the Love of Cats to coordinate a community-based Trap-
Neuter-Return Program for feral cats.
Prepared by: Darcy Andrade,Division Director,Domestic Animal Services
Attachment:
1. ACP MOU signed and witnessed
2. FTLOC MOU signed and witnessed
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.14.
Item Summary: Recommendation to approve the Memorandum of Understanding with
Animal Compassion Project and For the Love of Cats to coordinate a community-based Trap-
Neuter-Return Program for feral cats.
Meeting Date: 6/14/2016
Prepared By
Name: CarrollKellie
Title:Administrative Assistant,Domestic Animal Services
5/9/2016 3:41:10 PM
Submitted by
Title:Division Director-Domestic Animal Svc,Domestic Animal Services
Name: AndradeDarcy
5/9/2016 3:41:11 PM
Approved By
Name:AndradeDarcy
Title: Division Director-Domestic Animal Svc,Domestic Animal Services
Date: 5/12/2016 11:27:13 AM
Name:TownsendAmanda
Title:Division Director-Operations Support,Public Services Department
Date: 5/16/2016 5:03:24 PM
Name: CarnellSteve
Title:Department Head-Public Services,Public Services Department
Date: 5/20/2016 3:23:54 PM
Name:PepinEmily
Title:Assistant County Attorney,CAO Litigation
Date: 5/23/2016 3:28:32 PM
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Name: FinnEd
Title:Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/25/2016 10:19:29 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/26/2016 10:02:40 AM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date: 6/5/2016 11:01:59 AM
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TNR Program
MEMORANDUM OF UNDERSTANDING(MOU)
Between
Animal Compassion Project,a Florida Not for Profit Corporation
Hereinafter("ACP")
And
Collier County Board of County Commissioners
Hereinafter("BCC")
PURPOSE& SCOPE
The purpose of this MOU is to clearly identify the roles and responsibilities of each party as
they relate to the implementation of a trap,neuter,and return program("TNR")as described
in the Collier County Animal Control Ordinance,as may be amended from time to time. To
support the goal, ACP and BCC will work cooperatively to ensure that all appropriate
safeguards and regulations are performed and implemented. Both ACP and BCC should
ensure that TNR program activities are conducted in compliance with all applicable Federal,
state,and local laws,rules,and regulations.
This agreement, in establishing its terms and conditions, will be guided by what is a
reasonable effort of volunteers involved in the feral cat management program. The agreement
will reflect a public-private partnership, utilizing the collaborative approach to achieve
mutual goals related to the objective of humane reduction of the feral cat population and to
resolve any issues that may arise regarding the provisions and execution of this agreement.
II. BACKGROUND
Collier County has determined that the optimal method to manage and limit the number of
feral cats is to utilize a community based TNR program. ACP is an entity that has agreed to
coordinate feral cat community efforts.
III. ACP RESPONSIBILITIES UNDER THIS MOU
ACP shall undertake the following activities:
1. Where feral cat colony exists and is not being managed,the ACP will attempt to establish
management of the colony.
2. Where a colony is being managed,ACP will ensure that the colony has a Caregiver and a
back-up Caregiver and that the Caregiver(s)will:
a. Regularly feed and water,and provide shelter if possible to the cats in the colony.
b. Vaccinate and re-vaccinate the cats in the colony against the rabies virus as
appropriate.
c. Spay and neuter the cats in the colony.
d. Once they are vaccinated and spayed or neutered,a veterinarian will also ear notch or
ear tip the cats in the colony. ACP will recommend implanting a microchip as means
of permanent identification.
e. Obtain approval of the property owner on which cats live and the owner of any
property the Caregiver must traverse. Obtain approval of the property owner where a
feeding station or program is established. Ensure that colony does not cause a
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nuisance upon private property without expressed or implied consent of property
owner and not trespass on any property that is posted in accordance with Florida law.
f. Ensure that the colony is not on public park,school,beach,or conservation land.
g. Make a reasonable effort to remove adoptable cats and kittens from the colony with
the objective of placing them in permanent homes to live as domesticated cats and to
locate the owner or custodian of domesticated cats.
h. Use spay and neutering as means to decrease the overall number of cats in a colony.
i. The ACP will not create new feral cat colonies.
3. ACP will report information on individual colonies upon BCC request within fifteen(15)
days of complaint or after receipt of an affidavit of complaint for the violation of the
Collier County Animal Control Ordinance or if a reported violation is witnessed by an
Animal Control Officer.
4. Where a colony is being managed and is not registered with the ACP,the Caregiver will
be given fifteen (15) days to register the colony with the ACP. Thereafter, standard
enforcement protocols will apply.
5. If a colony is being managed and the number of kittens born to the colony are not
decreasing,ACP will intervene to improve management.
6. The ACP or the colony Caregiver will notify Domestic Animal Services of stray
adoptable pets in their care in an effort to reunite cats with their owners.
7. In the event that a colony cat is involved in a potential rabies exposure, the cat will be
quarantined, at the Caregivers expense, in accordance with the recommendations of the
Florida Rabies Prevention and Control Guide and the requirements of both Florida
Statutes and Collier County Animal Control Ordinance, Rabies Control. Florida
Department of Health has ultimate authority and jurisdiction in cases of suspected rabies
exposure.
IV. BCC RESPONSIBILITIES UNDER THIS MOU
BCC shall undertake the following activities:
1. In the event that BCC receives a complaint alleging a violation of Collier County Animal
Control Ordinance (CCACO)General Violations section, as may be amended from time
to time, the ACP will be given fifteen (15) days to remedy; thereafter, standard
enforcement will apply.
2. In the event that BCC receives a complaint alleging a violation of CCACO Inhumane
Treatment of Animals section, as may be amended from time to time, no duty to notify
ACP exists,and regular enforcement rules apply.
3. If BCC obtains custody of an ear notched/tipped cat, ACP will be notified and given 120
hours to reclaim; thereafter all normal provisions apply. At the discretion of the director
or designee,for the subsequent impoundments of the same cat, fees may apply. Upon the
third impoundment of the same cat, citations may apply. DAS will make every attempt
to scan ear notched/tipped cats upon intake. In the event that a cat is microchipped, DAS
will attempt to locate the registered owner to reclaim the cat. If the cat is not reclaimed
within the legal stray hold time,ACP may reclaim the cat within seventy-two(72)hours.
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4. BCC assumes no liability for Caregivers or their colonies.
5. BCC agrees to work collaboratively to abate and mediate complaints of CCACO General
Violations section, as may be amended from time to time, involving feral and free
roaming colony cats. The ACP will have fifteen (15) days to remedy any violations;
thereafter,standard enforcement rules apply.
V. NOTIFICATION
All notification and communications regarding activities covered by this MOU will be made
in writing to the parties as follows:
1. For the ACP:
Michele Antonia,President
Animal Compassion Project, Inc.
7620 Rookery Lane
Naples,FL 34120
2. For the BCC:
Darcy Andrade,Division Director
Collier County Domestic Animal Services
7610 Davis Blvd.
Naples, FL 34104
VI. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
1. The program will be reviewed in three (3)years to determine its success, defined as the
overall reduction of the feral cats euthanized at DAS.
2. This MOU does not include the reimbursement of funds between the two parties. In all
instances where fees apply,the ACP is responsible.
3. All records must be retained for three (3) years from their creation. This requirement
applies to all records,reports,and colony information.In addition,ACP shall:
a. Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
b. Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by
law.
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
d. Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination
of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All
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records stored electronically must be provided to the public agency in a format
that is compatible with the information technology systems of the public agency.
4. For the purpose of this MOU a feral cat's Caregiver or registered owner shall be
considered its owner.
5. Either party may terminate this agreement for any reason with thirty (30) days written
notice to the other party. If the termination is for an alleged breach or breaches of the
agreement, the party alleging the breach or breaches will provide written notice to the
other party,which shall specifically identify the alleged breach(es). The party alleged to
be in breach of this agreement will have the opportunity to respond to the allegations
and/or take actions to come into compliance with this agreement within fifteen(15)days.
VII. EFFECTIVE DATE AND SIGNATURE
This MOU shall be effective upon the signature of ACP and BCC authorized officials. It
shall be in force for three years from the last date of execution signified below.
ACP and BCC indicate agreement with this MOU by their signatures.
Dated:
ATTEST: BOARD OF COUNTY COMMISSIONER
DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA
By: By:
:4,...,9
,Deputy Clerk ONNA FIALA CHAIRMAN
ANIMAL COMPASSION PROJECT Cita t, )414,A5-S,
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Approved as to form and legality:
?is
Emily R.Pepin
Assistant County Attorney
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CAO
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TNR Program
MEMORANDUM OF UNDERSTANDING(MOU)
Between
For the Love of Cats,a Florida Not for Profit Corporation
Hereinafter("FTLOC")
And
Collier County Board of County Commissioners
Hereinafter("BCC")
PURPOSE& SCOPE
The purpose of this MOU is to clearly identify the roles and responsibilities of each party as
they relate to the implementation of a trap, neuter, and return program ("TNR") as described
in the Collier County Animal Control Ordinance, as may be amended from time to time. To
support the goal, FTLOC and BCC will work cooperatively to ensure that all appropriate
safeguards and regulations are performed and implemented. Both FTLOC and BCC should
ensure that TNR program activities are conducted in compliance with all applicable Federal,
state,and local laws,rules,and regulations.
This agreement, in establishing its terms and conditions, will be guided by what is a
reasonable effort of volunteers involved in the feral cat management program. The agreement
will reflect a public-private partnership, utilizing the collaborative approach to achieve
mutual goals related to the objective of humane reduction of the feral cat population and to
resolve any issues that may arise regarding the provisions and execution of this agreement.
II. BACKGROUND
Collier County has determined that the optimal method to manage and limit the number of
feral cats is to utilize a community based TNR program. FTLOC is an entity that has agreed
to coordinate feral cat community efforts.
III. FTLOC RESPONSIBILITIES UNDER THIS MOU
FTLOC shall undertake the following activities:
I. Where feral cat colony exists and is not being managed, FTLOC will attempt to establish
management of the colony.
2. Where a colony is being managed, FTLOC will ensure that the colony has a Caregiver
and a back-up Caregiver and that the Caregiver(s)will:
a. Regularly feed and water,and provide shelter if possible to the cats in the colony.
b. Vaccinate and re-vaccinate the cats in the colony against the rabies virus as
appropriate.
c. Spay and neuter the cats in the colony.
d. Once they are vaccinated and spayed or neutered,a veterinarian will also ear notch or
ear tip the cats in the colony. FTLOC will recommend implanting a microchip as
means of permanent identification.
e. Obtain approval of the property owner on which cats live and the owner of any
property the Caregiver must traverse. Obtain approval of the property owner where a
feeding station or program is established. Ensure that colony does not cause a
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6/14/2016 16.D.14.
nuisance upon private property without expressed or implied consent of property
owner and not trespass on any property that is posted in accordance with Florida law.
f. Ensure that the colony is not on public park,school,beach,or conservation land.
g. Make a reasonable effort to remove adoptable cats and kittens from the colony with
the objective of placing them in permanent homes to live as domesticated cats and to
locate the owner or custodian of domesticated cats.
h. Use spay and neutering as means to decrease the overall number of cats in a colony.
i. FTLOC will not create new feral cat colonies.
3. FTLOC will report information on individual colonies upon BCC request within fifteen
(15)days of complaint or after receipt of an affidavit of complaint for the violation of the
Collier County Animal Control Ordinance or if a reported violation is witnessed by an
Animal Control Officer.
4. Where a colony is being managed and is not registered with FTLOC, the Caregiver will
be given fifteen (15) days to register the colony with FTLOC. Thereafter, standard
enforcement protocols will apply.
5. If a colony is being managed and the number of kittens born to the colony are not
decreasing,FTLOC will intervene to improve management.
6. FTLOC or the colony Caregiver will notify Domestic Animal Services of stray adoptable
pets in their care in an effort to reunite cats with their owners.
7. In the event that a colony cat is involved in a potential rabies exposure, the cat will be
quarantined, at the Caregivers expense, in accordance with the recommendations of the
Florida Rabies Prevention and Control Guide and the requirements of both Florida
Statutes and Collier County Animal Control Ordinance, Rabies Control. Florida
Department of Health has ultimate authority and jurisdiction in cases of suspected rabies
exposure.
IV. BCC RESPONSIBILITIES UNDER THIS MOU
BCC shall undertake the following activities:
1. In the event that BCC receives a complaint alleging a violation of Collier County Animal
Control Ordinance(CCACO) General Violations section, as may be amended from time
to time, FTLOC will be given fifteen (15) days to remedy, thereafter, standard
enforcement will apply.
2. In the event that BCC receives a complaint alleging a violation of CCACO Inhumane
Treatment of Animals section, as may be amended from time to time, no duty to notify
FTLOC exists,and regular enforcement rules apply.
3. If BCC obtains custody of an ear notched/tipped cat, FTLOC will be notified and given
120 hours to reclaim; thereafter all normal provisions apply. At the discretion of the
director or designee, for the subsequent impoundments of the same cat, fees may apply.
Upon the third impoundment of the same cat,citations may apply. DAS will make every
attempt to scan ear notched/tipped cats upon intake. In the event that a cat is
microchipped, DAS will attempt to locate the registered owner to reclaim the cat. If the
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cat is not reclaimed within the legal stray hold time, FTLOC may reclaim the cat within
seventy-two(72)hours.
4. BCC assumes no liability for Caregivers or their colonies.
5. BCC agrees to work collaboratively to abate and mediate complaints of CCACO General
Violations section, as may be amended from time to time, involving feral and free
roaming colony cats. FTLOC will have fifteen (15) days to remedy any violations;
thereafter,standard enforcement rules apply.
V. NOTIFICATION
All notification and communications regarding activities covered by this MOU will be made
in writing to the parties as follows:
1. For the FTLOC:
James Rich,Director
For the Love of Cats,Inc.
511 Antilles Court
Marco Island,FL 34146
2. For the BCC:
Darcy Andrade,Division Director
Collier County Domestic Animal Services
7610 Davis Blvd.
Naples,FL 34104
VI. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
1. The program will be reviewed in three (3) years to determine its success, defined as the
overall reduction of the feral cats euthanized at DAS.
2. This MOU does not include the reimbursement of funds between the two parties. In all
instances where fees apply,FTLOC is responsible.
3. All records must be retained for three (3) years from their creation. This requirement
applies to all records,reports,and colony information. In addition,FTLOC shall:
a. Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
b. Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by
law.
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
d. Meet all requirements for retaining public records and transfer, at no cost,to the
public agency all public records in possession of the contractor upon termination
of the contract and destroy any duplicate public records that are exempt or
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confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the public agency in a format
that is compatible with the information technology systems of the public agency.
4. For the purpose of this MOU a feral cat's Caregiver or registered owner shall be
considered its owner.
5. Either party may terminate this agreement for any reason with thirty (30) days written
notice to the other party. If the termination is for an alleged breach or breaches of the
agreement, the party alleging the breach or breaches will provide written notice to the
other party,which shall specifically identify the alleged breach(es). The party alleged to
be in breach of this agreement will have the opportunity to respond to the allegations
and/or take actions to come into compliance with this agreement within fifteen(15)days.
VII. EFFECTIVE DATE AND SIGNATURE
This MOU shall be effective upon the signature of F I LOC and BCC authorized officials. It
shall be in force for three years from the last date of execution signified below.
1TLOC and BCC indicate agreement with this MOU by their signatures.
Dated:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK OF COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk DONNA FIALA,CHAIRMAN
FOR THE LO OF CATS
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Print Name
Approved as to form and legality:
Emily R. Pepin
Assistant County Attorney
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