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Backup Documents 06/14/2016 Item #16D14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 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 1 6 D 4 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 3. County Attorney Office County Attorney Office n 4. BCC Office Board of County Commissioners r„ ..17-/LQ 5. Minutes and Records Clerk of Court's Office lig `1 f(� 32 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 Darcy Andrade,Director of Animal Phone Number 252-6952 Contact/ Department Services Agenda Date Item was 6/14/16 ✓ Agenda Item Number 16.D.14 4/ Approved by the BCC Type of Document Memorandum of Understanding - Number of Original One Attached Aninied etim an Prodcd Documents Attached PO number or account number if document is aP‘ 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. (Initial) Applicable) 1. Does the document require the chairman's original signature?5FP (wj N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 `j N,44- Office llOffice and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the !, e document or the final negotiated contract date whichever is applicable. `� 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/14/16 and all changes made during the ERP N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the ' N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 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 TNR Program 1 6 4 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 Page 1 of 4 1 6014 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. Page 2 of 4 16014 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. X71 4. The County Manager, or his designee, shall be responsible for the management of this 't ' MOU on behalf of the BCC. 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 Page 3 of 4 16014 of the contract and destroy any duplicate public records that are exempt or 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 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: Cf)141.1 V ATTEST: BOARD OF COUNTY COMMISSIONER DWIGHT E.BROCK,CLERK OF COL ER COUNTY, FLORIDA AtteS as q..‘ Li atrnl s',` eputy DONNA FIALA, CHAIRMAN signature only. j ANIMAL CO i PA SN PROJECT Jt.;.—..._, By: / 1 Witness . / 4 , Date: 6 Ar +-c , , C ��.. Print Name Witness Print Name • •'roved as to •rm and legality: • ' 0 ,, .AillMIL mily R.6,-pin Assistant ounty Attorney Page 4 of 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 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 3. County Attorney Office County Attorney Office (41/1/RP 4. BCC Office Board of County 3(1 I Commissioners (..Q/ 17)l L 5. Minutes and Records Clerk of Court's Office nn, r (e171u2 '5. 2431.\- 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 Darcy Andrade,Director of Animal Phone Number 252-6952 Contact/ Department Services Agenda Date Item was 6/14/16 Agenda Item Number 16.D.14 1/ Approved by the BCC Type of Document Memorandum of Understandt'n� Number of Original One Attached for't'h(,Lott aces >/ Documents Attached PO number or account number if document is 16 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. (Initial) Applicable) 1. Does the document require the chairman's original signature? 6144 6) OK_ N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 (, Q )4./A Office and all other parties except the BCC Chairman and the Clerk to the Board `J 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. �r 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ,n signature and initials are required. �f' 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/14/16 and all changes made during the ERP N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 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 TNR Program 1 6 014 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. U. 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: 1. 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 Page 1 of 4 16014 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 cat is not reclaimed within the legal stray hold time, FTLOC may reclaim the cat within seventy-two(72)hours. Page 2 of 4 4. BCC assumes no liability for Caregivers or their colonies. 1 6 0 1 4 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. gr 6. The County Manager, or his designee, shall be responsible for the management of this MOU on behalf of the BCC. 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 Page 3 of 4 confidential and exempt from public records disclosure requirements. All O 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 FTLOC and BCC authorized officials. It shall be in force for three years from the last date of execution signified below. FTLOC and BCC indicate agreement with this MOU by their signatures. Dated: Li IN I Itit ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK OF COLpER COUNTY, FLORIDA �� By. \ : r � By: 4,J,1141.0 Attest as to Chairman's , D uty ' = DONNA FIALA, CHAIRMAN Signature only. FOR THE L€ ' OF CATS Wit ess By: Date: ' Print Name Witness Print Name t: oyf as t fo r, and legality: mily R. ':pin � Assistant County Attorney Page 4 of 4