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Agenda 01/26/2010 Item #16D4Agenda Item No. 16D4 January 26, 2010 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve a Memorandum of Understanding with the Collier Community Cat Coalition to coordinate a community -based Trap- Neuter - Return Program for feral cats Objective: To diminish the number of feral cats in Collier County. Considerations: On October 13, 2009 Michele Antonia brought before the Board of County Commissioners a proposal from the Collier Community Cat Coalition to revise the Animal Control Ordinance to accommodate a trap - neuter -return program for feral cats. The BCC directed the County Manager or his designee to propose changes to the animal control ordinance and vet them through the Domestic Animal Services Advisory Board. On November 10, 2009 the BCC approved conceptual 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 a trap- neuter -return program. Such changes to the animal control ordinance are being proposed concurrent to this item Staff has prepared a Memorandum of Understanding with the Collier Community Cat Coalition wherein the Coalition agrees to monitor and manage and community -wide trap- neuter -return program. The Coalition will assure best management practices are observed by caregivers, collect and report statistical data regarding their activities, reclaim any managed feral cat impounded by Animal Services, and intervene to correct general nuisance violations created by managed feral cats. The program will be reviewed after a three -year time period to assess its success. Advisory Board Recommendation: At its December 15, 2009 meeting, the Domestic Animal Services Advisory Board (DASAB) voted to recommend to the Board of County Commissioners that the proposed Memorandum of Understanding be approved. Fiscal Impact: No Fiscal Impact is associated with this action. Growth Manaaement Impact: No Growth Management Impact is associated with this action. Legal Considerations: The proposed action has been reviewed by the County Attorney's Office and is legally sufficient for Board action. - CMG Recommendation: Recommendation to approve a Memorandum of Understanding with the Collier Community Cat Coalition to coordinate a community -based Trap- Neuter -Return Program for feral cats. Prepared by: Amanda Townsend, Director, Domestic Animal Services Agenda Item No. 16D4 January 26, 2010 Page 2 of 6 MEMORANDUM OF UNDERSTANDING (MOU) between Collier Community Cat Coalition, a Florida Not for Profit Corporation hereinafter ("CCCC and Collier County Board of County Commissioners hereinafter ( "BCC ") L PURPOSE & SCOPE II. 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 ("T WI as described in the Collier County Animal Control Ordinance. To support this goal, CCCC and BCC will work cooperatively to ensure that all appropriate safeguards and regulations are performed and implemented. Both CCCC and BCC should ensure that TNR program activities are conducted in compliance with all applicable Federal, state, and local laws, rules, and regulations. 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. The CCCC is an entity that has been established to coordinate and lead the community effort. III. CCCC RESPONSIBILITIES UNDER THIS MOU CCCC shall undertake the following activities: 1. Where a feral cat colony exists and is not being managed, the CCCC will attempt to establish management of the colony. 2. Where a colony is being managed, the CCCC will ensure that the colony has a Caregiver and a back -up Caregiver and that the Caregiver will: 2.1. Regularly feed and water, and provide shelter if possible to the cats in the colony; 2.2. Vaccinate and revaccinate the cats in the colony against the rabies virus as appropriate; 2.3. Spay and neuter the cats in the colony; 2.4. Once they are vaccinated and spayed or neutered, a veterinarian will also ear notch or ear tip the cats in the colony; 2.5. Obtain written approval of the property owner on which cats live and the owner of any property the Caregiver must traverse; 2.6. Ensure that the colony is not on public park, school, or conservation land; 2.7. Remove adoptable cats and kittens from the colony with the objective of placing them in permanent homes to live as domesticated cats; 2.8. Use humane means to decrease the overall number of cats in a colony; and ' 2.9. The CCCC will not create new feral cat colonies. 3. Caregivers will report the following data to the CCCC on an annual basis: Agenda Item No. 16D4 January 26, 2010 Page 3 of 6 3.1. Location of each colony; 3.2. Proof of property owner's permission to access private property; 3.3. Number of cats in each colony managed by the Caregiver, 3.4. Number of cats spayed and neutered in each colony for the prior year, and for the current reporting period; 3.5. Number of cats vaccinated in each colony for the prior year, and for the current reporting period; 3.6. Any significant medical care administered to cats in the colony; 3.7. Number of cats born to the colony and their status /dispositions; 3.8. Number of cats introduced to the colony; 3.9. Number of cats that have died and/or left the colony; 3.10. Time in hours spent on colony care giving activities; 3.11. Any change in management of the colonies; and 3.12. The schedule of routine care giving activities. 4. CCCC will report aggregate information as outlined above to BCC on an annual basis. S. CCCC will report information on individual colonies upon BCC request. Individual records must be kept for each cat indicating dates of vaccination, revaccination, spay /neuter or any other significant care given. Records for individual cats must be accurate and specific enough to allow the health officer or designee to make determinations regarding rabies quarantine protocols as contemplated in the Collier County Animal Control Ordinance Section Six. 6. Where a colony is being managed and is not registered with the CCCC, the Caregiver will be given ninety (90) days to register the colony with the CCCC. Thereafter, standard enforcement protocols will apply. 7. If a colony is being managed and its numbers are not decreasing, CCCC will intervene to improve management. TV. BCC RESPONSIBILITIES UNDER THIS MOU BCC shall undertake the following activities: 1. In the event that BCC receives a complaint alleging a violation of Section Eight of the Ordinance, the CCCC 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 Section Nine of the Ordinance no duty to notify CCCC exists, and regular enforcement rules apply. 3. If BCC obtains custody of an ear notched/tipped/otherwise marked cat, CCCC will be notified and given until the end of the next business day to reclaim; thereafter all normal provisions apply. For subsequent impoundments of the same cat fees will apply. Upon the third impoundment of the same cat, citations may apply. 4. BCC assumes no liability for Caregivers. V. NOTUMCATION Agenda Item No. 16D4 January 26, 2010 Page 4 of 6 All notifications and communications regarding activities covered by this MOU will be made in writing to the parties as follows: 1. For the CCCC: Michele Antonia, President Collier Community Cat Coalition PO Box 7189 Naples, Florida 34101 2. For the BCC: Amanda Townsend, Director Collier County Domestic Animal Services 7610 Davis Blvd. Naples, Florida 34104 VL 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. 2. This MOU does not include the reimbursement of funds between the two parties. In all instances where fees apply, the CCCC is responsible. 3. All records must be retained for three (3) years. This requirement applies to all records, reports, and colony information. 4. For the purpose of this MOU a feral cat's Caregiver 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. VII. EFFECTIVE DATE AND SIGNATURE This MOU shall be effective upon the signature of CCCC and BCC authorized officials. It shall be in force for three years from date of execution. CCCC and BCC indicate agreement with this MOU by their signatures. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA , Deputy Clerk 0 , CHAIRMAN ad as to form & lapd au8ldoncy ColNanGroom, Aaebtertt County Attar»y Agenda Item No. 161D4 January 26, 2010 Page 5 of 6 COLLIER COMMUNITY CAT COALITION Approved as to form and legal sufficiency: Agenda Item No. 16D4 January 26, 2010 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16D4 Item Summary: Recommendation to approve a Memorandum of Understanding with the Collier Community Cat Coalition to coordinate a community-based Trap - Neuter -Return Program for feral cats Meeting Date: 1/26/2010 9:00:00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 11412010 3:34 PM Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 114/2010 3:53 PM Approved By Marla Ramsey Administrator- Public Services Date Public Services Division Public Services Division 111212010 1:43 PM Approved By Jeff Klatzkow County Attorney Date 1/1312010 9:56 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 1/1412010 9:03 AM Approved By Sherry Pryor Management/ Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 111412010 11:15 AM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1119/2010 9:31 AM