HomeMy WebLinkAboutStaff Report 7259
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.
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.
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
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.
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)
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.
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.
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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
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.
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
$1,4020828.91$ 3,396.00
s 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
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