HomeMy WebLinkAboutStaff Report 8354
City of Palo Alto (ID # 8354)
City Council Staff Report
Report Type: Action Items Meeting Date: 8/21/2017
City of Palo Alto Page 1
Summary Title: Letter of Intent with Pets In Need
Title: Approval of a Letter of Intent With Pets In Need to Develop a Financing
Study Including Public and Private Financing for a New Animal Shelter
Facility and Commit up to $60,000 for the Study, and Outline a Process and
Timeline for Negotiating an Operating Agreement and Interim Improvements
for the Current Animal Shelter
From: City Manager
Lead Department: Community Services
Recommendation
Staff recommends that Council authorize the City Manager or designee to sign the attached
Letter of Intent to Pets In Need to Commit Up to $60,000 for a Capital Campaign Planning Study
for a new Animal Shelter and outline a process and timeline, subject to subsequent Council
approval, for making interim improvements to the current Animal Shelter, negotiating an
operating agreement for the new shelter, and planning for construction and operation of a new
shelter.
Background
Palo Alto has faced financial challenges with the Animal Shelter since 2012, when Mountain
View ended their animal services contract with the City. In response to these challenges, as
well as facility inadequacies noted in a report by the City Auditor, the City Council directed staff
to evaluate alternative service delivery options in FY 2016. Later that year, the City issued two
Requests for Proposals for shelter operations and veterinary clinic services. Pets In Need’s
submittal was evaluated and selected for exclusive negotiations.
Since then, the City has shifted from contracting out services to engaging in public private
partnership negotiations with Pets In Need (PIN) to operate the City’s Animal Shelter. The City
and PIN have made significant progress but have not been able to finalize an agreement, due in
large part, to the aging and inadequate sheltering facility. As noted in the City Auditor’s Report,
the building is not large enough to house all the animals received, keep incompatible animals
apart, and meet modern kennel size standards, among other issues.
Discussion
City of Palo Alto Page 2
Because the existing Palo Alto Animal Shelter is inadequate in size and design to meet the
sheltering needs of Palo Alto and its partner agencies (Los Altos and Los Altos Hills), the City and
PIN have agreed to concurrently negotiate both an Operations and Management Agreement for
the existing shelter, as well as an agreement for the financing and construction of a new Animal
Shelter.
To move forward in this process, staff recommends providing $60,000 for a Capital Fundraising
Campaign Planning Study to evaluate the likely private fundraising capacity for a new shelter.
Recognizing the potential need for a public funding component for a new Animal Shelter, staff
may also advance for City Council consideration a recommendation to explore the feasibility of
public financing, which could include a tax measure to be submitted to the voters or other new
public revenue source, potentially covering up to 50% of design and construction. Exploration
of a public financing component is contingent on the outcome of the Capital Fundraising
Campaign Planning Study; agreement on preliminary design concept, scope of programs and
services, and ongoing operating costs; and environmental review. These proposals are detailed
more fully in the attached Letter of Intent. If approved by the City Council, this letter will be the
basis for continued discussions on management and operation of the current shelter and
funding and building a new shelter.
Earlier this year, the City entered into a Mutual Cooperation and Support Agreement with Pets
In Need to complete a needs assessment for animal sheltering in Palo Alto. The assessment
was completed in May 2016. The firm presented six preliminary conceptual options for a
community oriented facility which could not only meet the sheltering needs of Palo Alto but
could also serve as a community center of sorts, aimed at education around animals and animal
care. The estimated budget for facilities of this type ranged from approximately $9 to $20
million. If the City and PIN agree to build a new Animal Shelter, a complete design and planning
effort, including public input process, board and commission review and California
Environmental Quality Act (CEQA) requirements will need to occur.
Operating Agreement Status Update
The City and PIN have had broad discussions on the scope of services for an operating
agreement, but anticipate discussing specific terms after mutual approval of this Letter of
Intent. At a high level, the scope includes a plan to maintain a shelter with high quality animal
care and affordable medical services, as well as a robust volunteer program and increased
public hours. PIN has, in principle, agreed to provide these services to the City for a
management fee of $650,000 per year; approximately $200,000 less than the City’s costs, and
providing greater services and programs.
The timeline below outlines steps the City and PIN will need to complete for PIN to agree to
begin operations of the existing Animal Shelter in March-July 2018 (target PIN start date).
August to December 2017:
City of Palo Alto Page 3
PIN to continue development of site review and preliminary programmatic and conceptual
designs for a new Animal Shelter
PIN to conduct Capital Fundraising Campaign Planning Study
Parties to prepare Operations and Management Services Agreement for PIN to operate the
existing Animal Shelter pending construction of a new Animal Shelter
Parties to develop a proposed financing plan for a new Animal Shelter based on approved
preliminary programmatic and conceptual designs, and taking into account the results of
the Capital Fundraising Campaign Planning Study
City and PIN to evaluate interim capital improvements necessary for PIN to begin operations
at the existing Animal Shelter and/or other site needs
January to March 2018:
Council to review and approve an Operations and Management Services Agreement with
PIN and initiate environmental review on a proposed Capital Improvement Plan for a new
facility to include a financing plan based on the results of the Capital Fundraising Campaign
Study
Upon Council approval of aforementioned items, PIN prepares to assume operations of the
existing shelter
City, in collaboration with PIN, completes any interim capital improvement projects at
existing shelter
March to July 2018:
PIN begins operating the existing shelter
Capital Campaign for a new Animal Shelter begins
Update on Negotiations with SEIU
City representatives have been meeting with Service Employees International Union local 521
(SEIU 521) since late 2016 regarding changes in Animal Shelter operations. These negotiations
with SEIU 521 are in the final stages and will now be focused directly on the 5 impacted
employees at the Palo Alto Animal Shelter. The City under its contract with SEIU 521 will offer
employees priority hiring for any vacancies within the City which they qualify and are
committed to providing internal and external training resources to assist employees with this
transition. SEIU 521 has discussed and signaled its intent to propose severance options for
impacted employees, above and beyond that which is currently outlined in the SEIU 521
contract. The City is committed to working through the impact bargaining process with SEIU
521 and its impacted members.
Policy Implications and Environmental Review
Any new facility proposals will require PIN to obtain and maintain all required City permits and
other authorizations comply with state and local laws, including the California Environmental
Quality Act (CEQA), and furnish or caused to be furnished any financial and non-financial
security, during the construction, as appropriate. Upon request, PIN will provide to the City,
insurance, indemnity, lien waivers, performance and payment bonds and covenants, among
City of Palo Alto Page 4
other things. All design and construction work will be reviewed by one or more of the City's
Departments of Community Services, Planning and Community Environment, Development
Services, Utilities, and Public Works. Design and construction will be reviewed and approved, as
appropriate, by the City's boards and commissions, including, but not limited to, the
Architectural Review Board, the Planning and Transportation Commission and the City Council.
The City will provide reasonable staff support and other assistance, upon request, in connection
with the execution of the Project.
Resource Impact
The funds for the execution of Capital Campaign Planning Study ($60,000) are budgeted in the
City Manager’s Office, dedicated to Animal Services Assessment activities and within the City
Manager’s authority to execute. Staff resources from various departments will continue to be
dedicated to this project with coordination from the City Manager’s Office.
Attachments:
Attachment A - Letter of Intent between City and Pets In Need
Attachment B - Letter of Support from Friends of Palo Alto Animal Shelter
Attachment C - Letter of Support from Palo Alto Humane Society
Attachment D - Staff Report 7699 Facility Concept Master Planning for Animal Shleter
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DocuSign Envelope ID: CD3D7A06-3772-48EC-9B19-FD4537BD7DD5
2
It is the parties’ goal to continue an Operations and Management Services Agreement until a new
Shelter is constructed, and a replacement management and operations agreement for the new facility
is negotiated. The parties intend to ensure that the existing facility meets PIN’s operating
requirements.
Capital Fundraising and Construction Agreement for New Animal Shelter
At the same time that the Parties are negotiating and finalizing an Operations and Management
Agreement for the existing shelter, the City and PIN also intend to begin negotiations toward the
building and operation of a new Animal Shelter. The parties contemplate that a new shelter Capital
Fundraising and Construction Agreement will include at least the following elements:
Define the roles and responsibilities of the City and PIN, and their community partners FoPAAS
and the PAHS, regarding the funding, building and operation of a new Animal Shelter.
Identify an appropriate site for a new Shelter. It is the City’s goal to identify and provide existing
City land, without cost, for this purpose.
Define programmatic and conceptual shelter design, or several design options, together with
construction and operations budgets. The City of Palo Alto provided PIN $50,000 in the spring
of 2017 for a facility and program needs assessment, which was completed on May 24 2017.
The parties will negotiate regarding the City’s and PIN’s responsibilities for funding and
conducting design development, including environmental review, and the timing of these
activities. Design options shall be presented to the City Council for consideration.
Establish a capital funding plan for design, construction and operation of a new Shelter. To that
end:
o The City intends to immediately provide funding in the amount of $60,000 for the
Parties to undertake a Capital Fundraising Campaign Planning Study to evaluate the
likely private fundraising capacity for a new Shelter.
o Recognizing the potential need for a public funding component for a new Animal
Shelter, staff may advance for City Council consideration a recommendation to explore
the feasibility of public financing, which could include a tax measure to be submitted to
the voters or other new public revenue source, potentially covering up to 50% of design
and construction. Exploration of a public financing component is contingent on the
outcome of the Capital Fundraising Campaign Planning Study, and agreement on
preliminary design concept, scope of programs and services, and ongoing operating
costs.
o PIN intends to engage in a campaign to raise private funds sufficient, when combined
with available public funding, to fund design and construction of a new facility, and to
establish stable and sustainable funding, including reserves, for ongoing operations of a
new facility.
o FoPAAS and PAHS agree to provide community organizing and fundraising assistance for
a shared vision that is mutually beneficial under the direction of PIN.
Establish a plan for post‐construction operations and management of the new Shelter,
including an operations and management budget, definition of the Parties roles and
responsibilities, and a plan for sustainable long‐term funding.
DocuSign Envelope ID: CD3D7A06-3772-48EC-9B19-FD4537BD7DD5
3
The potential timeline for the Capital Campaign Planning Study, defining a funding plan for a new
Animal Shelter and the transition to PIN operating the existing Animal Shelter is as follows:
August to December 2017:
PIN to continue development of site review and preliminary programmatic and conceptual designs
for a new Animal Shelter
PIN to conduct Capital Fundraising Campaign Planning Study
Parties to prepare Operations and Management Services Agreement for PIN to operate the existing
Animal Shelter pending construction of a new Animal Shelter
Parties to develop a proposed financing plan for a new Animal Shelter based on approved
preliminary programmatic and conceptual designs, and taking into account the results of the
Capital Fundraising Campaign Planning Study
City and PIN to evaluate interim capital improvements necessary for PIN to begin operations at the
existing Animal Shelter and/or other site needs
January to March 2018:
Council to review and approve an Operations and Management Services Agreement with PIN and
initiate environmental review on a proposed Capital Improvement Plan for a new facility to include
a financing plan based on the results of the Capital Fundraising Campaign Study
Upon Council approval of aforementioned items, PIN prepares to assume operations of the existing
shelter
City, in collaboration with PIN, completes any interim capital improvement projects at existing
shelter
March to July 2018:
PIN begins operating the existing shelter
Capital Campaign for a new Animal Shelter begins
Any new facility will be require the Parties to obtain and maintain all required City permits and other
authorizations, comply with state and local law, including the California Environmental Quality Act
(CEQA), and furnish or caused to be furnished any financial and non‐financial security, during the
construction, as appropriate. Upon request, PIN will provide to the City, insurance, indemnity, lien
waivers, performance and payment bonds and covenants, among other things. All design and
construction work will be reviewed by one or more of the City's Departments of Community Services,
Planning and Community Environment, Development Services, Utilities, and Public Works. Design and
construction will be reviewed and approved, as appropriate, by the City's boards and commissions,
including, but not limited to, the Architectural Review Board, the Planning and Transportation
Commission and the City Council. The City will provide reasonable staff support and other assistance,
upon request, in connection with the execution of the Project.
This letter is not intended to be a binding contract between the Parties with respect to the Project. It is
intended to facilitate discussion of the key contract terms and conditions of the agreement relating to
the Project, and it is only an expression of the parties’ intentions for further negotiations.
DocuSign Envelope ID: CD3D7A06-3772-48EC-9B19-FD4537BD7DD5
4
The City requests PIN's acknowledgement of this letter in order that the City may proceed with PIN to
develop the key terms and conditions of the two agreements concerning the Project. Once these key
terms and conditions have been identified, the City will draft agreements for submission to the City
Council and PIN Board. Final agreement is subject to approval of the City Council, in its sole discretion.
Sincerely,
James Keene
City Manager
Pets In Need hereby acknowledges a mutual interest in developing appropriate agreements and plans
between the Parties to complete the Project as described above.
________________________
Al Mollica, Executive Director
Pets In Need
DocuSign Envelope ID: CD3D7A06-3772-48EC-9B19-FD4537BD7DD5
We, the Friends of the Palo Alto Animal Shelter (FoPAAS),
enthusiastically support the plans outlined in the Letter of Intent
drawn up by Pets In Need and the City Manager’s Office. We look
forward to seeing these plans brought to fruition.
City Staff members have worked constructively with the
management of Pets In Need. The parties involved have spent many
hours analyzing and defining ways to accomplish their objective. We
expect that PIN’s shelter management skills, combined with City
support, can bring a new and stellar shelter to Palo Alto.
As part of the process, FoPAAS intends to work with PIN, the Palo
Alto Humane Society (PAHS), and the community to raise funds for
design and construction of an impressive modern shelter.
Sincerely,
Board of Directors
Friends of the Palo Alto Animal Shelter
3072 Waverley Street
Palo Alto, CA 94306
Attachment B
Attachment C
City of Palo Alto (ID # 7699)
City Council Staff Report
Report Type: Informational Report Meeting Date: 2/6/2017
City of Palo Alto Page 1
Summary Title: Facility Concept/Master Planning for Animal Shelter
Title: Update on Negotiations With Pets In Need Regarding Animal Care
Services and Intention to Advance Prior City Council Direction Regarding
Facility Construction or Rehabilitation
From: City Manager
Lead Department: City Manager
Background
In 2012 City Council directed staff to explore various cost savings strategies for providing animal
services for the City of Palo Alto. This directive was the result of the loss of the City’s largest
partner, the City of Mountain View, who chose to purchase its services from Silicon Valley
Animal Control Authority. This departure precipitated discussion of the services and shelter
condition of the Palo Alto Animal Shelter and its cost effectiveness. The City Council directed
staff to pursue reductions in the level of subsidy to the shelter and potential service
improvements. Despite an initial reduction in subsidy level, over recent years funding has
grown, relying on approximately $800,000 of subsidy, per year, from the City’s General Fund.
Currently, animal services are provided by City staff at a municipal facility at 3281 E. Bayshore
Road in Palo Alto. The facility, which operates 6.5 hours per day, six days a week, was built in
1972 and has been identified as inadequate to meet current needs and requires modernization.
After an extensive Request for Proposal process conducted over many months, City Council
directed staff in September 2016 to proceed with exclusive negotiations with a nonprofit
organization, Pets In Need, to operate the City’s animal care services and address facility needs.
City Council authorized up to $250,000 for transition-related costs.
Additional background information can be found in the attached staff report. Furthermore the
City has established a dedicated website with previous staff reports and documents related to
this project: www.cityofpaloalto.org/animalservicesassessment.
Discussion
Since receiving City Council direction in September 2016, staff is continuing to actively
negotiate with Pets In Need to achieve an agreement that meets the needs of the parties. To
Attachment D
City of Palo Alto Page 2
date, negotiations have focused on identifying service levels, cost of services, specifying
transition issues and discussing facility needs.
A term sheet approved by City Council in September 2016 between the City and Pets In Need
states that within one year of commencing operations Pets In Need will lead a capital campaign
to fundraise for facility improvements. At this point in the negotiations, further information is
needed to determine the extent of facility improvements and options that may be needed and
the level of fundraising that will be required. To obtain the necessary information, up to
$50,000 of the pre-authorized $250,000 in transition funding will be used for schematic concept
designs.
The City will contract with Pets In Need to hire an architecture firm that specializes in animal
facility development. Pets In Need has experience with animal shelter development, staff
resources to dedicate to the study, and the ability to quickly bring on a consultant. Pets In Need
will work on the City’s behalf and closely with City staff. The design results will assist the City
and Pets In Need in identifying the costs associated with the facility. We expect that some level
of City investment in the capital costs of improvements to the shelter may be requested to
assist with the fundraising campaign.
The facility planning effort will also comply with the City Auditor’s recommendation to “…assess
the feasibility of obtaining sufficient funding through fundraising, public/private partnerships,
general fund subsidies, or a bond initiative, to build a new animal shelter that meets modern-
day standards for animal care and safety.” It is anticipated that the options and costs will be
presented to Council within a timeframe that aligns with the City’s fiscal year budget process,
with a target of May 2017.
Resource Impact
The funds are budgeted in the City Manager’s Office, dedicated to Animal Services Assessment
activities and within the City Manager’s authority to execute. Staff resources from various
departments will continue to be dedicated to this project with coordination from the City
Manager’s Office.
Attachments:
Attachment A: 9-6-16 Staff Report
Attachment D
City of Palo Alto (ID # 7259)
City Council Staff Report
Report Type: Action Items Meeting Date: 9/6/2016
City of Palo Alto Page 1
Summary Title: Animal Services Assessment and Possible New Service Model
Title: Direct Staff to Proceed with Discussions with Pets In Need Regarding
Animal Care Services and the Construction or Rehabilitation of the Animal
Shelter Facility
From: City Manager
Lead Department: City Manager
Recommendation
Direct staff to proceed with exclusive negotiations with Pets In Need, a 501(c)3 nonprofit
organization, to provide animal care services and develop a plan for animal shelter facility
construction or rehabilitation, and to return to City Council by December 2016 with a
recommended agreement.
Background
Following the Great Recession and withdrawal of an agency (City of Mountain View) previously
receiving Animal services from Palo Alto, in May 2012 the City Council's Policy and Services
Committee and Finance Committees discussed the City’s current service and revenue models.
As a result, the City Council directed staff to take immediate steps to make the operation more
self-sufficient to reduce reliance on the General Fund. After a series of subsequent actions and
service changes, through Fiscal Year 2014 the goals of establishing sustainable service levels
and expenses were not achieved. In fact, over time, the costs and general fund subsidy to
shelter operations have increased.
In June 2014, the City Council referred a Colleagues Memo regarding the Palo Alto Humane
Society’s (PAHS) interest in partnering with the City to the Finance Committee. The City Auditor
was then engaged, and in April 2015 the City Auditor presented an audit concluding that Animal
Services could not become revenue neutral under its current financial model, and faced
challenges that were unlikely to be resolved if it continued operating as solely a city-managed
function without a significant increase in general fund subsidy, donations, and/or revenue-
generating contracts. In approving the Fiscal Year 2016 budget, the City Council directed staff
to pursue an alternative service model and allocated $250,000 to assist with possible transition
costs.
Attachment D
City of Palo Alto Page 2
During Fiscal Year 2016, the City Manager’s Office continued outreach and engagement with
various community and City department stakeholders, including the Friends of the Palo Alto
Animal Shelter (FoPAAS) and PAHS. With active participation from these stakeholders, staff
conducted two Requests for Proposals (RFP) to assess the market for alternative services
providers. Through the process of developing the first RFP and documenting the services and
organizational support structure being sought, both FoPAAS and PAHS determined that they
would not submit proposals.
The first RFP was issued on October 15, 2015 and closed December 11, 2015 with one
respondent, Pets In Need, a local animal rescue service provider located in Redwood City. Due
to the low response rate and in accordance with procurement best practices, staff conducted
debriefing sessions with local animal care providers who did not submit a response to better
understand current market conditions. These included Peninsula Humane Society, Silicon Valley
Animal Control Authority, Humane Society of Silicon Valley and the County of Santa Clara. The
consistent feedback was that the initial RFP was too prescriptive and limited their abilities to
apply existing business models and best practices. City staff met with community stakeholders
and the Services Employees International Union (SEIU) about the feedback. In collaboration
with the stakeholders, the City re-issued a revised RFP with a less strictly defined scope. The
new RFP was issued on January 27, 2016 and after one extension, closed on March 18, 2016.
The City received one proposal from Pets In Need, a letter from the County of Santa Clara and a
letter from the Humane Society of Silicon Valley. Staff conducted an evaluation of the
responses and has concluded that the proposal most advantageous to the City is from Pets In
Need. Staff has therefore negotiated with Pets In Need to outline the terms of an agreement
for animal care services.
Recognizing that the City has multiple goals for animal care services, including the manner and
level of care, improvement of the animal shelter, and community engagement, in addition to
financial terms, staff is seeking City Council discussion and direction prior to finalizing an
agreement for services. Staff also recognizes that as a nonprofit organization, Pets In Need is a
prospective partner for whom this agreement represents a significant decision and
commitment that must align with its mission and organizational capabilities. As has been
demonstrated by the RFP process to date, there is not a robust marketplace of providers
bidding for this service as defined.
Discussion
In consultation with Pets In Need, staff has developed the attached Term Sheet that outlines
the substantive issues to be finalized in an agreement for services. City Council direction is
recommended to finalize terms into a recommended contract and to return to City Council
before the end of the calendar year for approval. The purpose of the Term Sheet is to identify
the manner in which key policy issues are being addressed. These policy items are summarized
below and further defined in the Term Sheet. The Term Sheet is nonbinding and presents the
parameters for negotiations.
Attachment D
City of Palo Alto Page 3
Why Pets In Need?
Pets In Need was selected as providing the most advantageous proposal due to their
commitment to retain the shelter in Palo Alto, to lead a fundraising campaign to remodel or
build a new shelter, to work closely with the Friends of Palo Alto Animal Shelter and the Palo
Alto Humane Society, and to provide the services in a cost effective manner. The County of
Santa Clara’s letter was deemed not cost effective. Additionally, the County was not willing to
contribute or fundraise in the same capacity as a nonprofit could to a new or remodeled facility.
The Humane Society of Silicon Valley’s letter did not meet the City’s required level of service
due to their recommendation to turn the Palo Alto shelter into a stray holding facility and to
outsource services to Silicon Valley Animal Control Authority and Pets In Need.
Facility Improvements
As recommended in the audit and supported by the City Manager, the shelter is in need of a
substantial remodel or possibly a new facility. The City and Pets In Need are committed to a
partnership to develop a plan to remodel or rebuild a new shelter. The Term Sheet outlines
initial commitments between the City and Pets In Need. To summarize: An initial needs
assessment will be conducted to determine immediate improvements. The City and Pets In
Need will ensure the facility is in a condition that meets the expectations of the new contract.
Within one year of commencing operations, Pets In Need will finalize a plan and begin to lead a
capital campaign to fundraise for facility improvements.
Cost of Services
The RFP requested potential service partners to provide: a two year financial plan with
quarterly financial targets which includes earned income, fundraising and other revenue; direct
labor rates for proposed staff; overhead rate and breakdown of overhead elements; sub-
consultant billing rates and mark-up percentage for other direct costs; all reimbursable
expenses; any other cost and price information; a not-to-exceed amount; bank and audit
statements. Pets In Need was the only responsible bidder and provided the requested data.
In discussions with animal care providers throughout the RFP process, and prior to that through
various internal and external stakeholder engagement processes, it became apparent to staff
that, in order to retain animal care services in Palo Alto, a certain level of General Fund subsidy
would have to be provided for a defined set of shelter services and that a fully cost-recovery
model with high service level expectations is not viable. Therefore, staff considered analogous
public private partnerships and concluded that the ideal agreement would be a fee for service
model where the City pays an annual management fee and provides a facility at minimal charge
in return for services. This model provides a predictable subsidy level. In the preliminary
discussions, Pets In Need requested that the City consider a fee for service model which is
based on a $30 per animal per day cost with a cap of thirty days. Pets In Need would then be
responsible for the ongoing cost after the thirty days. The attached Term Sheet adds additional
parameters for this model. Recognizing that the details of the financial structure will need to be
negotiated between the City and Pets In Need, Council approval of this report will direct staff to
negotiate a fee structure with Pets In Need. The three-year average cost for shelter operations
Attachment D
City of Palo Alto Page 4
is approximately $520,000. The City’s subsidy amount will stay at or below the three-year
average cost. Staff will return to City Council for approval of an operating contract before the
end of the calendar year.
Types of Animals and Quantity of Animals
Currently the Palo Alto Animal Shelter takes dogs, cats, rabbits, wildlife, chickens, horses, goats,
and other animals. The City’s expects that Pets In Need will be responsible for intakes of all
animals and maintain the same service levels as the City currently provides. In preliminary
discussions Pets In Need has committed to maintaining services levels and meeting the
community expectations. As discussions continue between the City and Pets In Need,
adjustments may be required to service levels based on the negotiated fee structure and
facility’s capacity. Moreover, Pets In Need has a “no kill” philosophy which is a fundamental
principle of the organization. Staff will need to work with Pets in Need to evaluate their ability,
given the facility constraints, to continue current service levels as a “no kill” shelter operation.
Contracts with Los Altos and Los Altos Hills
Partner agencies agreements make up of 15% of the City’s total annual Animal Shelter and
Animal Control costs, 11% from Los Altos and 4% from Los Altos Hills. The partner agencies are
billed annually, during the summer months, by calculating previous year costs with projected
upcoming year forecasts. For the purposes of a partnership with Pets In Need we do not
recommend disrupting the agreements with Los Altos or Los Altos Hills. Both agencies are
aware of our RFP and City Council direction. If the City enters into a contract with Pets In Need,
the contract will impact the City’s budget for Fiscal Year 2017. This impact could be positive or
negative depending on the contract’s start date and transition issues as finalized. Staff expects
that a contract with Pets In Need can be finalized before beginning discussions with partner
agencies about service changes. In the short term, service levels for Los Altos and Los Altos Hills
will be held constant.
City Staff and Ongoing Staffing
Currently, the City’s budget includes staffing for 10.66 FTE’s (Full-Time Equivalent positions) in
the Animal Services program. Of the budgeted positions, 4 FTE’s are dedicated to Animal
Control (including 1 Lead Animal Control Officer and 3 Animal Control Officers). As always
planned, the 4 Animal Control positions will remain budgeted with the City and will not be
included in the transition to Pets In Need. As such, the 4 Animal Control positions would remain
represented by SEIU. Additionally, 2 FTE’s (Veterinarian Technician and Superintendent of
Animal Services) are currently vacant.
The Animal Shelter contract to be negotiated between the City and Pets In Need will outline the
proposed staffing levels, exclusive of Animal Control. The City will strive to minimize the
negative impacts to current City employees. Any impacts to union-represented employees
resulting from a future transfer of services will be identified and discussed with SEIU. The City is
committed to meeting any obligations related to collective bargaining and the City’s Merit
Rules.
Attachment D
City of Palo Alto Page 5
Ongoing City Support
Currently the Animal Services is a division of the Police Department. The City Manager’s Office,
working closely with the department, has been leading the assessment process. Under the
proposed model, the Police Department will retain the Animal Control functions. As a non-
profit partnership, however, shelter operations through the Pets in Need contract is expected
to be managed of the Community Services Department. When the item returns to City Council,
staff will provide a recommendation and resource needs to manage the contract.
Resource Impact
The Animal Services budget was approved by City Council on June 13, 2016. Funding is in place
to continue operations through June 30, 2017. Additionally, City Council in the Fiscal Year 2016
budget process allocated $250,000 for transition costs. This funding was not expended in Fiscal
Year 2016 and was reappropriated to Fiscal Year 2017. As noted in the Cost of Services section,
discussions need to continue with Pets In Need with regards to the City’s ongoing General Fund
subsidy and fee for services model. Any necessary adjustment to the Fiscal Year 2017 budget
will be proposed to City Council at the time of contract approval.
Attachments:
Attachment A: Term Sheet - City and Pets In Need (PDF)
Attachment B: Pets In Need Letter and Narrative (PDF)
Attachment C: County of Santa Clara Letter (PDF)
Attachment D: Humane Society of Silicon Valley Letter (PDF)
Attachment E: Blank (PDF)
Attachment D
Term Sheet
Framework between the City of Palo Alto and Pets in Need
This Term Sheet provides a summary of key business terms to be addressed in a Contract for Animal Care
Services (Contract) between Pets in Need (PIN) and the City of Palo Alto (City). This non‐binding term sheet
provides the foundation for negotiation and definition of a full Agreement for Services to be recommended for
approval by the Palo Alto City Council and the Pets In Need Board of Directors.
1. Term of Agreement. The Agreement for services will commence on a date to be mutually agreed upon
by the parties, but no sooner than January 1, 2017 and no later than July 1, 2017 for a five year period;
and will extend for a period mutually determined by PIN and the City. The option to extend the
Contract will be exercised no less than one year in advance of the expiration of the Contract.
2. Scope of Services. PIN will provide animal care services within Palo Alto and other communities under
contract (Los Altos and Los Altos Hills). These services will be acceptance and care of animals, owner
redemptions, veterinary care, spaying/neutering, vaccinations, adoptions, partnerships, foster care,
marketing, community education and ongoing work with local stakeholder’s groups.
a. Relationship to Animal Control Services: Animal Control will be provided by the City. These
field services involved with responding to animal‐related issues are not included in the Scope
of Services, except where interfacing with Animal Care at the shelter.
b. Commitment to operation in Palo Alto: PIN understands that maintaining a local animal shelter
is critically important to the City and will operate a shelter in Palo Alto except as may be
necessary to accommodate renovations, new construction or unanticipated circumstances.
c. PIN and the City will mutually draft policies and procedures that may limit the intake of
animals for the purpose of improving animal care and to operate the shelter as a “No Kill”
shelter, a fundamental principle of PIN.
d. PIN and the City will mutually draft performance metrics and measures for services along with
rewards for exceeding and consequences for not meeting expectations.
e. The City will finalize the reporting relationship of PIN with a City department before the
agreement is finalized. Currently, Animal Services is a division with the Palo Alto Police
Department. PIN understands that the City may transition the reporting relationship of PIN to
the Community Services Department with Police retaining the Animal Control unit.
3. Costs of Services. PIN has proposed a fee structure based on the number and duration of stray of
animals brought into the shelter by Animal Care Officers and through owner surrenders. The parties
will negotiate and finalize contract terms to address maximum and minimum fees to be paid to PIN.
Additionally, the Contract will itemize the revenues that will be collected by PIN and those to be
retained by the City. The Contract will also finalize whether PIN will act as the fiscal agent for the City
on revenues collected to offset Animal Control costs.
4. Transition Issues. Prior to execution of the Agreement:
a. The City will satisfy its remaining obligations, if any, with applicable employee bargaining units.
Attachment D
b.PIN will meet with current City employees at the Animal Shelter to discuss employment
opportunities with PIN, but PIN is under no obligation to retain current shelter staff.
c.PIN and the City will conduct an assessment of the physical condition, inventory and
equipment at the shelter to determine which items will be allocated to PIN and Animal Control
and what will need to be replaced.
5.Animal Shelter Facility Improvements. Prior to the execution of the Agreement, PIN will engage an
architect for the purpose of assessing repairs and improvements needed to be made to the Palo Alto
Animal Shelter facility.
a.The City and PIN will agree upon the cost and responsibilities of any immediate facility
improvements needed for PIN to begin operation at the shelter, the amount of which is to be
approved by City Council upon approval of the Contract.
b.Upon mutual agreement, PIN will operate the current shelter while renovations and facility
upgrades are being performed.
c.PIN will operate the facility in will maintain the facility in good working condition during the
term of the Contract.
d.PIN will be responsible for all ongoing operations and routine facility maintenance costs,
except as noted in the Contract.
e.The City will provide the use of the existing facility at no lease cost to PIN, and as part of
discussions associated with fees for service will evaluate providing utilities such as electricity,
gas, water, and Internet connectivity at no cost to PIN during the duration of this Contract.
f.Within one year of commencement of services, PIN will begin consultation with the City and
community stakeholders on more comprehensive facility improvements. It is the intent of the
parties that, either through remodeling of the current building or construction of a new
building the shelter will meet industry and community standards.
g.The City will continue to own the land, facility and all improvements.
6.Volunteer Engagement. PIN will develop a volunteer development program as described in its proposal
and will consult with the City before making substantive change in the City’s existing volunteer
engagement programs.
7.Termination. Either party may terminate the Agreement with at least twelve months written notice
based upon terms to be mutually determined by the City and PIN.
8.Insurance and Indemnification: The Contract, at minimum, will include the City’s standard liability
language. The City currently requires $1 million dollar liability coverage. PIN and the City will discuss
additional liability insurance.
Attachment D
Attachment D
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Attachment D
Our Executive Director, Al Mollica, came to PIN in June 2014. Al has a master’s degree in education,
a Certified Fund Raising Executive (CFRE) credential and more than 37 years of experience in the
non‐profit sector. Prior to coming to PIN, Al was executive director of a financially solvent and well‐
respected statewide no‐kill and open access animal shelter with two locations, statewide law
enforcement responsibilities and an animal control contract with a metropolitan city.
Al’s experience as a director of a major animal shelter, his track record at Pets In Need and his
extensive experience in leadership positions in the non‐profit sector make him uniquely qualified to
manage the operations of multiple shelters. Al’s depth of experience in fundraising and business
management, including direction of several successful capital campaigns, make him ideally suited
to manage the development, marketing and business operations of PAAS.
III. Work Plan
Animals collected by PAAS animal control officers will be delivered to the Palo Alto shelter (or to
Pets In Need’s facility in Redwood City if a shelter does not exist in Palo Alto). Processing will occur
in accordance with PIN intake procedures (Manuals describing intake procedures in detail are
available upon request). Animals will be examined, behaviorally assessed by trained staff and
treated for any medical problems. Assuming a facility remains in Palo Alto, animals collected will be
kept in Palo Alto to make it easier for residents to collect lost animals. If a facility does not remain
in Palo Alto, intake, adoptions and returns will occur out of our Redwood City shelter.
The staff structure at PAAS (again, assuming a facility remains in PA) will be similar to what
currently exists at PIN. Staff would consist of medical, animal care, kennel and administrative
teams. The current intake and processing procedures at Pets In Need are well‐honed and efficient.
We would anticipate a comparable structure at PAAS, which would include twice‐daily feeding and
kennel/cage cleaning, twice‐daily outdoor time, and extensive socializing by volunteers (a more
detailed explanation of shelter operations and procedures is available upon request).
We propose to handle owner‐requested euthanasia requests in accordance with standard practices
for no‐kill shelters. Our protocol will involve a careful assessment by our medical staff and shelter
manager of all animals surrendered, including those from owners requesting euthanasia. No animal
will be euthanized unless, in the professional opinion of our veterinarian, certified vet tech and
shelter manager, the animal poses a risk to staff, other animals, the general public, or is so
physically disabled that there is no other viable alternative.
Under the model we are proposing, PAAS will be financially self‐sufficient within the first year of
operations. Revenue will be generated through payments from the City of Palo Alto for each animal
collected within the PAAS service area, private sector fundraising and adoption, licensing and
program fees. Included in the array of program fees that would provide revenue would be income
from a humane education program that will be developed and implemented in cooperation with
Friends of the Palo Alto Shelter and the Palo Alto Humane Society. Programming for youth through
summer camps, local schools and libraries, and the general public will be offered.
IV. Proposed innovations
1. There is precedent that having a no‐kill and open access shelter is possible. Long‐term success
in operating the Palo Alto Animal Shelter as a no‐kill/open access facility will validate the no‐kill
Attachment D
movement, enhance the reputation of PAAS and the City, establish PAAS as an important
community resource, and increase fundraising opportunities.
2. Pets In Need provides free spaying/neutering at our Redwood City facility and via a mobile
surgical van that travels to communities throughout the Bay Area with the most chronic pet
homelessness problems. We believe that reducing the flow of animals into the pipeline is the
most effective way to impact the number of homeless, neglected and abused animals that
enter shelters. Fewer animals entering the system will drive down operational costs. We would
propose continuing this popular and effective program. Pets In Need will provide free
spay/neuter services at our Redwood City facility, in Palo Alto and through our mobile van.
3. PIN proposes to implement a humane education program, in cooperation with the local
volunteer groups, that will generate revenue, educate the public and engage the community in
the life of the shelter. Pets In Need currently has relationships with several local schools (e.g.,
Everett High School and Summit Charter School), the Redwood City library, Girl Scouts troops
from Atherton and Menlo Park, and a number of Redwood City‐based senior and community
centers. Youth visit our Redwood City shelter to learn about animal care as part of internship
programs and spring break and summer camp programs. The humane education program will
include summer camps and volunteer opportunities for older youth.
4. Finally, an immediate priority would be for PIN staff and volunteers to work with Palo Alto City
officials and local volunteers to assess options and address the functional shortcomings with
the current facility. At some point, assuming the decision is made to retain a shelter in Palo
Alto, there will need to be a feasibility study conducted as a precursor to a campaign to raise
funds to renovate PAAS or construct a new shelter.
V. Project staffing
Pets In Need processes approximately 650 animals per year, roughly the same number of animals
processed by PAAS. We operate our shelter with a staff of 20 – nine full‐time and 11 part‐time.
Assuming there is a facility in Palo Alto, we would propose the following staff structure for PAAS:
FTE Position
1 – veterinarian (FT)
1 – Registered Veterinary Technician (FT)
2 – vet assistants (FT)
1 – lead kennel attendant (FT)
1 – volunteer and adoption manager (FT)
1 – administrative assistant (FT)
4 – kennel staff (eight part‐time staff working 25 to 35 hrs. per week)
11 FTE
VI. Proposal cost sheet and rates
See attachments for proposed cost breakdown and budget.
Attachment D
County of Santa Clara
Department of Agriculture and Environmental Management
Animal Care and Control Division
Licensing/Field Services
80 W. Highland Ave., Bldg. K
San Martin, CA95046
(408) 201-0660
Fax (408) 683-4247
Animal Shelter
12370 Murphy Ave.
San Martin, CA 95046
(408) 686-3900
Fax (408) 683-2776
San Jose Office
1553 Berger Dr., Bldg. I
San Jose, CA95ll2
(408) 918-4600
(408)286-2460 http ://www. sccountypets.org
February 17,2016
City of Palo Alto
Purchasing and Contract Administration
250 Hamilton Avenue
Palo Alto, CA 94301
Letter of Interest: Palo Alto Animal Shelter Operations
Re: RFP NO. 1616314
City of Palo Alto Purchasing and Contract Administration:
The County of Santa CIara desires to express interest in submitting a bid to provide professional
services for animal care operations at the Palo Alto Animal Shelter. The County of Santa Clara
currently operates a shelter with an intake of approximately 3,000 dogs/cats annually. Our shelter
has maintained a live-release rate of over 90Yo since 2012. We pride ourselves on excellent care
of animals, great customer service and a wonderful reputation in our community.
,. Our proposal for staffrng would include oversight by the Animal Control Program Manager
,.' 1 (existing) as well as recruitment, supervision and training of a Shelter Supervisor, 4 full-time
Kennel Attendants, Veterinarian, Veterinarian Assistant and an Office Specialist III. These new
positions would be supported by existing administrative "County" staff. Our estimate also
includes supplies and materials related to care and keep of shelter animals, clerical duties,
adoptions, veterinary care, spaylneuter services, record keeping, computer services, euthanasia
and return-to-owner. As our estimate is based on cost-recovery only, we would anticipate use of
existing supplies and materials within the shelter. Below is an itemized estimate of the yearly
costs associated with operating a full service animal shelter; these costs are based on costs we
incur at the County animal shelter. This cost estimate does not include oversight of development
of a new shelter facility. Additional costs would apply if the City desired County staff
involvement in that endeavor.
Personnel:
Uniforms/Safety Shoes :
Communications/Telephone Services :
FeedlBedding/Litter:
Veterinary Supplies
TrainingÆducation
Emergency/Specialty Medical Services
I)ata Processing Services
$1,4020828.91$ 3,396.00s 1,626.49
$ 3,896.43
s 35,307.77$ 1,oo7.oo
$ 38,349.64
$ 20,184.00
Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian
County Executive: Jeffrey V. Smith
Attachment D
Janitorial/Landscape Services
Disposal Services
Small ToolsÆquipment
TraveUMileage
Misc. Supplies
Facility Maintenance
$ 1,134.84$ 2,864.33$ 319.72
$ 1,717.97
$ 6,630.22
$ 8.676.51
$ 1,527,939.83
The County of Santa Clara proposes integrating on-call duties with City of Palo Animal Control
so that officers from both agencies benefit. Animal Control Officers could divide rotational
duties so that each individual officer would serve less. When ACOs serve on-call, they would
respond to both City of Palo Alto and Unincorporated Santa Clara County.
This letter does not constitute an official offer. We are interested in engaging in an interactive
process with the City of Palo Alto to clarify the deliverables and finalize our bid. We look
forward to hearing from you. Please forward inquiries to:
Lisa Jenkins
Interim Program Manager, Animal Care and Control
(408) 201-0661
Lisa. j enkins@cep. sccgov.org
Y,
"il^C,t
Lisa Program Manager
Animal Care and Control
County of Santa Claru
Cc : Christopher Anastole, Contract Administrator
Khashayar "Cash" Alaee, Sr. Management Analyst
Attachment D
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Attachment D