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HomeMy WebLinkAboutStaff Report 2306-17126.Approval of a revised Term Sheet with Pets in Need for Operations of the Palo Alto Animal Shelter and an Interim Payment in the Amount of $55,535 per month beginning June 1, 2023 until a new Agreement is executed; CEQA status - not a project. Public Comments, Presentation City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: Community Services Meeting Date: August 14, 2023 Report #:2306-1712 TITLE Approval of a revised Term Sheet with Pets in Need for Operations of the Palo Alto Animal Shelter and an Interim Payment in the Amount of $55,535 per month beginning June 1, 2023 until a new Agreement is executed; CEQA status - not a project. RECOMMENDATION Staff recommends the Council approve: 1. a proposed Term Sheet with Pets in Need for operations of the Palo Alto Animal Shelter and direct staff to return to Council for approval of an Agreement reflecting these terms, and 2. an interim payment to Pets in Need in the amount of $55,535 per month beginning June 2023 and each month until a new Agreement is executed, and authorize the City Manager to execute any contract amendment necessary. EXECUTIVE SUMMARY In February 2022, the City Council directed staff to work with Pets-in-Need (PIN) toward development of a new Agreement that would result in a long-term partnership for shelter operations. City staff and PIN have been working collaboratively to develop a Term Sheet that, if approved by the Council and PIN Board of Directors, would be the basis for a new five-year Agreement for the period 2023 - 2027. The Council discussed the proposed terms at a Study Session on March 27, 20231 and provided direction and feedback to staff June 12, 2023￿2￿. The direction received from Council and additional input provided by the PIN Board of Directors on July 20, 2023 resulted in a revised Term Sheet (Attachment A) that staff is recommending for approval. 1 City Council, March 27, 2023; Agenda Item #3; SR #2302-0940, https://portal.laserfiche.com/Portal/DocView.aspx?id=65785&repo=r-704298fc 2 City Council, June 12, 2023, Agenda Item #13, The terms included represent increased staffing and associated compensation to PIN with proposed net cost of $1.4 million for the first year with an annual escalator equivalent to the Consumer Price Index (CPI). This reflects an increase from the Fiscal Year 2023 compensation of $0.7 million. The FY 2024 Adopted Operating Budget anticipated increased costs for services and includes additional funding of $0.5 million in FY 2024 for a total of $1.2 million. Based on the current term sheet, additional funding will be needed. Other terms include an increase in the City’s capital investment to improve the shelter facility and a minor reduction in scope of services. The FY 2024 Adopted Capital Budget includes funding of approximately $2.8 million in the Animal Shelter Renovation capital project (PE-19002) for estimated capital investment based on the current terms. PIN is also requesting an interim payment of $55,535 per month beginning June 1, 2023 and continuing until a new Agreement is finalized. The fee represents the per month difference between the Year 5 compensation in the current Agreement (Attachment B) and the first-year compensation in the proposed new Agreement (Attachment A). BACKGROUND 3 to operate the Animal Shelter. The term and compensation of the current Agreement (Attachment B) include: 3 City Council, November 26, 2018; Agenda Item #13, SR#9822, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager- reportscmrs/year-archive/2018/id-9822-pets-in-need.pdf?t=62179.92 •A Contingency Fund of $200,000 •A Compensation for Renovation Delays Fund of $60,000 •Completion by City of capital improvement projects not to exceed $3.4 million •Key responsibilities of Pets in Need include: •Animal Shelter Services including sheltering stray, abandoned, and owner surrendered animals •Medical Services including veterinarian services to shelter animals, vaccination clinics, micro-chipping, and a low cost spay and neuter clinic •Animal adoptions and foster program •Operating schedules for shelter services, emergency veterinary On November 15, 2021, Pets in Need (PIN) provided formal notification to the City that it would exercise its right to terminate the Agreement without cause in 12 months’ time as allowed in Section 19.2 of the Agreement. PIN stated delays in completing the capital improvement projects, particularly the new dog kennel building as the primary reason for terminating the Agreement. Development of a new Agreement City and PIN staff discussed how best to operate the Animal Shelter for the remaining term of the Agreement and began exploring how to continue the partnership beyond the termination date. On February 14, 20224, the City Council passed the following motion unanimously: A.That as a condition for continuing good faith negotiations, that Pets in Need would agree to extend the notice of termination six months beyond the current date; B.Proceed with negotiations with Pets in Need for a long-term contract agreement for animal services in Palo Alto; C.Evaluate the necessary kennel size for community partners that we serve; D.Include some form of trap and neuter program; E.Include a small animal area in the renovation plans; F.Assure that the contract agrees upon hours of operation and services provided; G.That the parties agree to pursue a fundraising program to supplement existing capital commitments for the shelter; and H.Explore the transition to a new database. The PIN Board supported extending the termination date for six additional months to end on March 15, 2023. On March 27, 20235, a Council Study Session provided an update on the status of contract negotiations with PIN and an opportunity for the Council to provide feedback on a draft Term Sheet. City staff included a preliminary estimate of the cost and revenue associated with bringing operations of the Animal Shelter back to an in-house model. PIN and City staff 4 City Council, February 14, 2022; Agenda Item #9; SR #13952, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81766 5 City Council, March 27, 2023; Agenda Item #3; SR #2302-0940, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82278 continued to refine the Term Sheet and mutually agreed to extend the current agreement to terminate on September 30, 2023. •A breakdown of PIN’s costs showing the increased compensation from the original Agreement. •The percentage of PIN’s operating budget that is for animals covered in Palo Alto, Los Altos and Los Altos Hills. •A comparison chart of PIN’s fees with other municipal shelters’ fees. •A more detailed and accurate comparison of PINs services to the Peninsula Humane Society. •PIN’s revenue over the previous five years. •Consideration of a minimum and maximum number of surgeries and events. •A side-by-side comparison of PINs proposal and the in-house model. •A more defined capital plan identified in the Agreement. •Additional information on feral cats, including the method by which they are handled, how many cats are in Palo Alto, where cats are released. th staff report6. During this meeting, an additional term was introduced that would provide PIN additional compensation of $55,535 for services rendered since June 1, 2023 and continuing until a new Agreement is executed. PIN calculates this as the difference between the monthly fee (1) specified for Year 5 in Exhibit B of the 2019 Agreement and (2) the monthly fee specified for Year 1 in the proposed new Agreement, effective June 1, 2023. 6 City Council, June 12, 2023, Agenda Item #13, https://cityofpaloalto.primegov.com/Portal/viewer?id=2049&type=0 3. Higher revenue opportunities 4. Consider a possible 3-year contract 5. Level of service and termination clause 6. Reporting and oversight 7. Spayed and neutered metrics ANALYSIS Since the June 12th Council meeting, staff from the City and PIN have been meeting regularly to revise the Term Sheet in response to the Motion and other comments received during the meeting. The Term Sheet (Attachment A) has been revised to reflect the Council’s comments and direction to staff as described below. In some instances, where staff recommend not changing the term, an explanation is provided. No Trap/Neuter/Return (TNR) changes – The language included in the revised Term Sheet is generally consistent with the language proposed in the motion. The language reads, “Both parties will work together to develop a transparent and humane feral cat program that reflects municipal best practices and takes into account the impact on public health and wildlife. The program will continue the current practice of not releasing feral cats or causing them to be released.” Number of surgeries – It is difficult to do a direct comparison of the number of in-jurisdiction7 spay/neuter surgeries performed by the City prior to 2019 and the number of in-jurisdiction surgeries performed by PIN because the City’s records did not track that information. Moving forward, the focus will be meeting demand of in-jurisdiction animals. Wait times for surgery for in-jurisdiction animals will be no more than one month, except in the event of unexpected and exceptional circumstances. Higher revenue opportunities – Staff from the City and PIN discussed where opportunities might exist to bring in more revenue. PIN may inform customers of the full cost of a service and invite customers to voluntarily cover all or a portion of the full cost. Donations received via adoption and veterinary services at the Palo Alto Animal Shelter will be used exclusively for the Palo Alto Animal Shelter. Staff explored a revenue share with the City and PIN; however, due to requirements to honor donor intent, as well as intensive non-profit accounting requirements, the option for fundraising collaboration is not considered a feasible option. This has also resulted in a modification to how capital improvements are funded. In the Term Sheet, the City’s commitment for future capital investments is $2.5M. In previous versions, any amount over that would be funded by PIN. Since the funds PIN would need to contribute would come from donations, PIN has determined this is not feasible for the same reasons described above. The City and PIN would need to renegotiate any additional capital funds needed beyond the allocated amount in the agreement. 7 In-jurisdiction is defined as animals originating from Palo Alto, Los Altos, or Los Altos Hills. Contract term – Council directed staff to consider a three-year term for a new Agreement. Staff from both the City and PIN prefer to maintain the five-year term, which is consistent with the term in the current Agreement. The capital project would likely not be completed until well into that three-year period, leaving PIN with little opportunity to demonstrate their ability to operate the shelter with the additional space improvements before the Agreement expires. Also, staff is hopeful that the revised agreement will provide better clarity in roles and responsibilities resulting in a successful, long-term partnership with PIN. The Agreement will include a termination clause that allows either party to terminate the Agreement similar to the current Agreement. FISCAL/RESOURCE IMPACT total of $6.0 million has been allocated to this project and $2.9 million has been expended on shelter improvements. STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Page 1 of 4 Term Sheet DRAFT •Final budget is subject to City Council approval. •City will manage all phases of capital improvement projects to include planning, design, and construction, with input from PIN. •City will contract with a reputable animal environment specialty architecture firm for design of any building improvements. •New cat and small animal area to include a specific intake area and meet and greet space. •Additional dog kennel improvements to include large guillotine doors and any needed safety retrofitting. •Retrofit medical suite to better accommodate large animals. Page 2 of 4 F. Annual compensation to PIN will start at $1.37M for Year 1 and increase annually at a minimum of the CPI cost-of-living increase for each year plus an annual contingency of $20,000 for ancillary expenses. G. City will cover all costs of delivering any additional services City requires of PIN above and beyond the original 2019 Agreement (such as additional spay neuter requirements). H. PIN may also provide additional services not specified in the new Agreement at its own expense. Services must comply with all applicable laws and City policies. PIN will notify City staff 14 days before providing such services. I. In addition to the monthly fee due to PIN under the new Agreement, City shall pay to PIN the difference between the monthly fee (1) specified for Year 5 in Exhibit B of the 2019 Agreement and (2) the monthly fee specified for Year 1 in the new Agreement, retroactive from the effective date of the new Agreement to June 1, 2023. By way of example only, if the Agreement is effective October 1, 2023, City shall pay to PIN the difference between the new monthly fee and the amounts due under the 2019 Agreement for the months of June, July, August, and September 2023. Based on the compensation agreed in this Term Sheet, the monthly additional fee shall be $55,535. Scope of Services: PIN will provide the services specified in the current Agreement, with the following modifications: J.Shelter hours. PIN will maintain public access hours to the shelter seven days per week, for a minimum of 40 hours per week. The shelter may be closed to the public on PIN observed holidays. K.Spay/neuter. PIN will provide low-cost, high-quality spay/neuter services to dogs and cats to the best of its ability, prioritizing residents of Palo Alto, Los Altos, and Los Altos Hills. Wait times for surgery for in-jurisdiction animals will be no more than one month, except in the event of unexpected and exceptional circumstances. L.Vaccine Clinics. PIN will provide low-cost vaccination clinics in Palo Alto a minimum of one time per week. PIN will work toward providing one after-hours or weekend clinic per month. M.After-hours emergency vet care. For animals on stray hold, City will pay for any after- hours emergency vet services. N.Cruelty investigations. PIN will provide veterinary care, including appropriate medical records, for live animals that are impounded as part of cruelty investigations. However, PIN will not have an obligation to provide additional services related to cruelty investigations, including after-hours emergency veterinary care, post-mortem examinations of animals that are deceased upon arrival at PIN, and off-site crime scene investigations, but may do so at its sole discretion. O.Disposal of Dead Wildlife. Costs for disposal and cremation of dead wildlife will be the responsibility of the City. P.Reporting. PIN will submit monthly activity reports to include the following information: Page 3 of 4 •Medical statistics including spay and neuter, microchips, and vaccinations (number of clinics and number of animals vaccinated) for in jurisdiction and out of jurisdiction animals. •Number of animals in and out of the shelter by type of animal and type of intake and outcome. •City of origin of all animals upon shelter intake. PIN will submit quarterly financial reports for the Palo Alto Animal Shelter to the City to include: •Revenues from services received at the Palo Alto Animal Shelter, such as adoptions and medical services to include vaccines and spay/neuter surgeries. •Expenditures to include staffing, contracts, animal care, indirect costs, and administrative operations. City and PIN agree to the following: Q.Feral Cat Policy. Both parties will work together to develop a transparent and humane feral cat program that reflects sheltering best practices and takes into account the impact on public health and wildlife. The program will continue the current practice of not releasing feral cats. R.Animal Welfare. PIN and the City will regularly review generally accepted best animal welfare practices to ensure all policies in effect at the Palo Alto shelter are up-to-date and in line with shelter best practices. S.Animal Shelter Software. PIN is at liberty to acquire, at its own cost, new shelter management software that best meets its needs. The City will work with PIN to identify the minimum viable data that PIN will be required to add to the current, shared software system Chameleon upon PIN animal intake. T.Existing City Policy. PIN will comply with all applicable municipal and other laws, and with the City’s shelter policies. PIN policies approved by the City will be specified in the new Agreement. If either PIN or the City has an interest in revising or creating a new policy, it will notify the other party in writing. Notices from PIN will be addressed to the Supervising Animal Control Officer. The Supervising Animal Control Officer will advise the PIN CEO in writing within five (5) business days whether review and approval are deemed necessary. Review and approval will be deemed necessary only if the proposed revision will result in (a) a change to the terms of the Services Agreement, or (b) a material change in the level of risk to the City, in services to residents of Palo Alto and/or the contract cities, or in roles and duties of City staff. Notices from the City will be addressed to the PIN CEO, who will advise the City in writing within five (5) business days whether review and approval are deemed necessary. Review and approval will be deemed necessary only if the proposed revision or addition will result in (a) a change to the terms of the Agreement or the cost to PIN of Page 4 of 4 performance of the Agreement, or (b) a material change in the level of risk to PIN, in services to residents of Palo Alto and/or the contract cities, or in roles and duties of PIN staff. In either case, if the response is not an approval, the parties will meet within five (5) business days of receipt of the response and attempt in good faith to reach an agreement. The subject policy may be revised only upon the written agreement of both parties. All City and PIN policies relating to the operation of the Palo Alto Animal Shelter will be kept in a shared online folder and be accessible to all PIN and City staff. U.Corrective Action Plan. The City and PIN agree to work in good faith to meet the obligations described in the Scope of Services and Capital Improvements sections of the Agreement. If either party determines that it will not meet a due date or will fail to deliver a service, it will promptly send a written corrective action plan to the other party. The corrective action plan will include the following information: •Task that will not be met. •Justification for failure to complete task •Plan to correct including timeline to reach full compliance •Weekly progress updates to Project Manager (of either the City or PIN) If the timeline to reach full compliance is not acceptable to the other party, or if compliance has not been met by the due date identified in the corrective action plan, the parties will meet and confer to determine next steps. Force Majeure V. Standard Force Majeure provision to be added, including epidemics and quarantines. CITY OF PALO ALTO CONTRACT NO. _C_1_9_17_4_4_9_3 __ _ AGREEMENT BETWEEN THE CITY OF PALO ALTO AND PETS IN NEED FOR PROFESSIONAL SERVICES This Professional Services Agreement ("Agreement") is entered into on this ..1.L day of January .~by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY'' or "City of Palo Alto"), and PETS IN NEED, a California non-profit public benefit corporation, located at 871 Fifth Ave, Redwood City, CA 94063 C'CONSULTANT' or "Pets In Need"). RECITALS The following recitals are a substantive portion of this Agreement and are hereby incorporated herein by this reference. A. CITY intends to provide animal sheltering and veterinary care, as more fully described in Exhibit "A" (Scope of Services), attached to and made a part of this Agreement, for the City of Palo Alto, and for the City of Los Altos and the Town of Los Altos Hills (the "Contract Cities"), at the Palo Alto Animal Shelter, 3281 East Bayshore Road, Palo Alto, CA 94303 (the "Palo Alto Animal Shelter" or the "Premises"). B. CITY and CONSULTANT desire for CONSULTANT to perform the Services {as defined below) at the Palo Alto Animal Shelter pursuant to the terms and conditions set forth in this Agreement. C. CITY acknowledges that CONSUL TANT is entering into this Agreement in furtherance of its no-kill mission, and that, to the extent permitted by law, CONSUL TANT will operate the Palo Alto Animal Shelter as a no-kill shelter. D. CITY and CONSUL TANT are entering into this Agreement with the intention of establishing a long -term partnership to offer exceptional shelter services for Palo Alto and its partner cities of Los Altos and Los Altos Hills, while working together towards building a new Pets in Need Palo Alto animal shelter facility. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSUL TANT shall perform the services described at Exhibit "A· ("Services") in accordance with the terms and conditions contained in this Agreement. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution (the "Effective Date") and continuing for five (5) years from the Effective Date, unless terminated earlier pursuant to Section 19 of this Agreement. The term of this Agreement may be renewed or extended upon the mutual written agreement of the parties. One year prior to the expiration of the term (or other such timeline as may be mutually agreed upon by the parties), either party may request the parties to begin negotiating in good faith a renewal or extension of this Agreement. Page 1 of25 SECTION 3. USE OF PREMISES. CONSUL TANT's use of the premises shall be subject to the additional terms set forth on Exhibit "D" (Use of Premises) attached hereto. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be in the amount of, and shall not exceed three-million, four-hundred forty thousand six-hundred twenty six dollars and ten cents ($3,440,626.1 O) as detailed in Exhibit "B" (Compensation). CONSUL TANT agrees to complete all Services within this amount. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Notwithstanding the foregoing, a contingency fund of two-hundred thousand dollars ($200,000) (the "Contingency Fund") shall be available; as well as a fund for the compensation of renovation delays ("Compensation of Renovation Delays Fund") of sixty thousand dollars ($60,000) shall be available, as detailed in Exhibit "B" (Compensation). In the event the Contingency Fund and the Compensation of Renovations Delays Fund are utilized as provided for herein, the total compensation for Services, reimbursable expenses and the costs payable by CITY to CONSULTANT under this Agreement, shall be and shall not exceed three million, seven­ hundred thousand, six-hundred twenty-six dollars and ten cents ($3,700,626.10) as detailed in Exhibit "B" (Compensation), subject to Section 19 ("TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES"). SECTION 5. INVOICES. In order to request payment, CONSULTANT shall invoice the CITY for payment on a monthly basis. Invoices shall describe the services performed and, if reasonably requested by CITY, supporting documentation. CONSULTANT's invoice shall be submitted to the City's project manager for payment at which point the CITY has 30 business days from the date of the submission to render payment to the CONSUL TANT. Invoices must also include CONSUL TANT name, address, contract number, description of services, date of services, and compensation amount. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSUL TANT or under CONSUL TANT's supervision. CONSUL TANT represents that it possesses the professional and technical personnel necessary to perform or supervise, as applicable, the Services required by this Agreement and that its personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, and its employees have and shall maintain (and that it shall require its subcontractors, if any, to have and maintain) during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services . Notwithstanding anything to the contrary in this Agreement, the representations and warranties in this Section 6 are exclusive and are in lieu of all other warranties of any kind , whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement, and all warranties that may arise from course of dealing, course of performance or usage of trade), all of which are hereby expressly disclaimed. SECTION 7. COMPLIANCE WITH LAWS. CONSUL TANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that are applicable to the performance of the Services or those engaged to perform Services under this Agreement. CONSUL TANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services . Page 2 of 25 SECTION 8. ERRORS/OMISSIONS. CONSUL TANT is solely responsible for costs , including, but not limited to, increases in the cost of Services, arising from or caused by CONSUL TANT's errors and omissions, including, but not limited to, the costs of correcting such errors and omissions, any change order markup costs, or costs arising from delay caused by such errors and omissions or unreasonable delay in correcting such errors and omissions. SECTION 9. [RESERVED]. SECTION 10. INDEPENDENT CONTRACTOR . It is understood and agreed that in performing the Services under this Agreement CONSULTANT, any person employed by CONSULTANT, and any subcontractor retained by CONSULTANT to perform any of CONSULTANT'S obligations under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSUL TANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations without the prior written consent of the City Manager. The City Manager shall have sixty (60) days from receipt of Consultant's notice of proposed assignment to accept or decline the proposed assignment in writing. If the City Manager declines the proposed assignment, he or she shall state the basis for the decision in the written notice to CONSULTANT. Consent to one assignment shall not be deemed to be consent to any subsequent assignment. Any assignment not expressly contemplated ui:,der this Agreement, or made without the approval of the City Manager shall be void . SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY agrees that subcontractors may be used to perform CONSULTANT'S obligations under this Agreement. The subcontractors authorized by CITY to perform work on this Project are: a. Sage Veterinary Center; and b. Pets Rest Cemetery, and c. Any other subcontractors retained by CONSUL TANT to perform CONSULTANT'S obligations under this Agreement. CONSULTANT shall be responsible for directing the work of any subcontractor and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning subcontractor compensation . CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subcontractor as more fully set forth in Section 16 of this Agreement. CONSULTANT shall change or add a subcontractor to perform the Services set forth on Exhibit A hereto only with the prior approval of the City Manager or his designee (such approval not to be unreasonably withheld, delayed or conditioned). The City Manager shall have thirty (30) days from receipt of CONSULTANT's request to approve or decline in writing CONSULTANT's request to change or add subcontractors . SECTION 13. PROJECT MANAGEMENT. CONSULTANT shall assign its executive director, who currently is Al Mollica, as the project manager to have supervisory responsibility for the performance, progress, and execution of the Services and as the project coordinator to represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the project manager (including if, at Page 3 of 25 any time, Al Mollica no longer serves as executive director of CONSULTANT). CONSUL TANT shall promptly notify the CITY's project manager of such substitution and consider in good faith CITY's requests with respect to such substitution. The parties agree that during the term of this Agreement and for all purposes of this Agreement, CONSULTANT'S project manager shall be authorized to act as the "Superintendent" of the City's animal services division pursuant to Section 6.04.100 of the Palo Alto Municipal Code, for purposes of [Sections 6.12.010, 6.12.030, 6.12.050, 6.16.050, and 6.32.040 of the Palo Alto Municipal Code. CITY's project manager is the Director of Community Services, Community Services Department, 1305 Middlefield Road, Palo Alto, CA 94303, Telephone (650) 463-4900, who is currently Monique leConge Ziesenhenne. The project manager shall be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate project manager from time to time with prompt written notice to CONSUL TANT. SECTION 14. INTELLECTUAL PROPERTY RIGHTS. 14.1 Definition of Intellectual Property Rights. "Intellectual Property Rights" means patents of any type, design rights, utility models or other similar invention rights, copyrights, mask work rights, trade secret or confidentiality rights, trademarks, goodwill, trade names, logos and service marks and any other intangible property rights, including applications and registrations for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired. 14.2 "Pets In Need" Ownership. The parties acknowledge and agree that, as between the parties, Pets In Need owns all Intellectual Property Rights in its name ("Pets In Need"), logos and marks, as may be amended from time to time by Pets In Need . 14.3 "City of Palo Alto" Ownership. The parties acknowledge and agree that, as between the parties, the City of Palo Alto owns all Intellectual Property Rights in its name ("City of Palo Alto"), logos and marks, as may be amended from time to time by the City of Palo Alto, and in accordance with Palo Alto Municipal Code as may be amended from time to time. 14.4 "Palo Alto Animal Shelter" Ownership. The parties acknowledge and agree that, as between the parties, the City of Palo Alto owns all Intellectual Property Rights in the name "Palo Alto Animal Shelter". 14.5 Grant of License by City of Palo Alto. The City of Palo Alto hereby grants to Pets In Need a royalty-free, non-transferable term license, for the term of this Agreement, to use, reproduce, make derivative works, display, and perform publicly the name "Palo Alto Animal Shelter" solely in conjunction with "Pets in Need", for example, and without limitation, "Pets in Need Palo Alto Animal Shelter" and "Palo Alto Animal Shelter, operated by Pets in Need," for purposes of the performance of this Agreement, as provided for herein. 14.6 Name Changes; Development of Logos or Marks. Any name changes, derivative works, or logos or marks as may be developed by Pets In Need with regard to such animal shelter are required to be approved in writing by the City of Page 4 of 25 Palo Alto City Manager or designee prior to any publication, or any other public use, in any form or media. The City Manager shall approve or deny such requests in writing within 45 days of receipt of CONSULTANT's complete written proposal, and shall set forth its basis for any denial in writing. During the term of this Agreement, the City of Palo Alto shall not change such name of such animal shelter, nor develop any derivative works, or logos or marks, with regard to such animal shelter, except as is mutually agreed in writing with the Pets In Need Executive Director or designee prior to any publication, or any other public use, in any form or media. The City Manager shall approve or deny such requests within 45 days of Consultant's complete written proposal, and shall set forth its basis for any denial in writing. Notwithstanding anything to the contrary in this Agreement, CITY agrees that CONSULTANT may offer naming rights for any wing, room, kennel, or other area within the shelter in compliance with the City's Naming Policy and Procedure. · 14.7 Limitations on uPets In Need Palo Alto Animal Shelter". The City of Palo Alto agrees that its use of the name "Pets In Need Palo Alto Animal Shelter", and as may be changed as provided for herein, with regard to the animal shelter that is the subject of this Agreement, as well as any logos or marks that may be developed and approved as provided for herein with regard to such shelter, are strictly limited to the term of this Agreement, and that, unless otherwise agreed by the parties in writing, upon expiration or termination of this Agreement, the City of Palo Alto shall cease and desist all use of such names, logos and marks with regard to such animal shelter in relation to the ongoing operation of such shelter as of the date of such termination or expiration. 14.8 Use of City of Palo Alto Seal or Logo. Any use by Pets In Need of any City of Palo Alto seal or logo is required to be approved in writing by the City of Palo Alto City Manager or designee prior to any publication or any other public use, in any form or media, and in accordance with Palo Alto Municipal Code as may be amended from time to time, provided that the City Manager or his designee shall approve or deny in writing a written request by Pets in Need within ten (10) days of the date of the request, and shall set forth his or her basis for any denial in writing. 14.9 Use of Pets in Need Seal or logo. Any use by the City of Palo Alto of any Pets In Need seal or logo is required to be approved in writing by the Pets In Need Executive Director or designee prior to any publication, or any other public use, in any form or media, provided that the Executive Director of PIN or designee shall approve or deny in writing a written request by CITY within twenty (20) days of the date of the request. 14.10 Reservation of Rights. All Pets In Need Intellectual Property Rights not expressly granted under this Agreement are reserved to and retained by Pets In Need . All City of Palo Alto Intellectual Property Rights not expressly granted under this Agreement are reserved to and retained by the City of Palo Alto. SECTION 15. AUDITS. CONSUL TANT shall permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to CONSULTANT'S performance of the Services under this Agreement. CONSUL TANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY; LIMITATION OF LIABILITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify , defend and hold harmless CITY, its Council members, officers, employees and Page 5 of25 agents (each a "CITY Indemnified Party") from and against any and all third party demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including reasonable attorneys' fees, experts fees, court costs and disbursements ("Claims") to the extent resulting from, or arising out of (i) any act or omission of CONSULTANT that is outside the scope of CONSULTANT's authority under this Agreement and/or (ii) the negligence or willful misconduct of CONSULTANT or its officers, employees, agents or subcontractors in the performance of this Agreement. To the fullest extent permitted by law, CITY shall indemnify, defend and hold harmless CONSUL TANT, its directors, officers, employees and agents (each a "CONSULTANT Indemnified Party") from a·nd against any and all third party Claims to the extent resulting from or arising out of (i) the negligence or willful misconduct of CITY or its officers, employees, agents or subcontractors in the performance of this Agreement , (ii) any condition in or about the Premises, except to the extent caused by the negligence or willful misconduct of CONSULTANT or a CONSUL TANT Indemnified Party. or (iii) CITY's decision to transition to a consultant-provided service delivery model and City's decision, based on CONSULT ANT's representations contained in its proposal to the City and herein, to contract with CONSULTANT to provide the Services. 16.2. In the event of concurrent negligence of more than one party, its Council members (or directors), officers, employees, agents or subcontractors, the liability for any and all Claims shall be apportioned under the California theory of comparative negligence as presently established or as may hereafter be modified. Nothing in this Agreement shall constitute a waiver or limitation of any rights that a party may have under applicable law in the event of concurrent negligence of persons or entities other than the parties to this Agreement. 16.3. The parties agree to cooperate with each other in the investigation and disposition of third-party Claims hereunder. It is the intention of the parties to reasonably cooperate in the disposition of all such Claims. Such cooperation may include joint investigation, defense and disposition of claims of third parties hereunder. The parties agree to promptly inform one another whenever an incident report, claim or complaint is filed or when an investigation is initiated concerning this Agreement. Notwithstanding the foregoing, in the event of a conflict in interest, each party may conduct its own investigation and engage its own counsel. 16.4. Each party agrees to mitigate any loss or damage which it may suffer in consequence of any breach by the other party of the terms of this Agreement. or any fact, matter, event or circumstance giving rise to a Claim. 16.5. LIMITATION OF LIABILITY. N01WITHSTAND1NG ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH POTENTIAL CLAIM , LOSS OR DAMAGE . 16.6. LIMITATION OF LIABILITY OF CITY. EXCEPT WITH REGARD TO CITY'S OBLIGATIONS TO INDEMNIFY AND HOLD HARMLESS THE CONSULTANT PURSUANT TO THIS SECTION 16, CITY'S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT PROVIDED FOR IN SECTION 4 (NOT TO EXCEED COMPENSATION) OF THIS AGREEMENT. Pages of25 16.7. LIMITATION OF LIABILITY OF CONSULTANT. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT OF CONSULTANT TO CITY EXCEED FIVE MILLION DOLLARS. 16.8. CITY represents and warrants that (i) it has complied with Section 2.30.250 of the Palo Alto Municipal Code and (ii) the CITY's indemnification obligations contained in this is Section 16 represent the valid and enforceable obligations of CITY. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, shall not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. No waiver of a condition or nonperformance of an obligation hereunder is effective unless it is in writing signed by the authorized representatives of the parties hereto and, as applicable, approved as required under the Palo Alto Municipal Code or Charter. SECTION 18. INSURANCE. CONSULTANT, at its sole cost and expense, shall obtain, as soon as practicable following the date of this Agreement, and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "C". CONSULTANT shall be responsible for ensuring that its subcontractors retained to perform Services under this Agreement, if any, shall obtain and maintain in full force and effect during the term of the subcontractor's engagement, the insurance coverage described in Exhibit "C," as well as a policy endorsement naming CITY as an additional insured under any policies required in this Section 18. 18.1. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-VII or higher which are licensed or authorized to transact insurance business in the State of California. 18.2. CONSUL TANT shall file with CITY certificates evidencing such insurance as soon as practicable following the date of execution of this Agreement but in any event prior to the first day any of CONSULTANT'S obligations are performed hereunder. The certificates shall be subject to the approval of CITY's Risk Manager and shall contain an endorsement stating that the insurance is primary coverage and shall not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days' notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within five (5) business days of the CONSULTANT's receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Chief Procurement Officer during the entire term of this Agreement. 18.3. The procuring of such required policy or policies of insurance will not be construed to limit either party's liability hereunder nor to fulfill the indemnification provisions of this Agreement. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may terminate this Agreement or suspend Page 7 of25 the performance of the Services, in whole or in part, in the event of a material breach of CONSULTANT's obligations to CITY under this Agreement, which breach is not cured by CONSULTANT within (60) days of receipt of written notice from CITY to CONSULTANT detailing the nature of such failure. The City Manager may terminate this Agreement without cause by giving one-year prior written notice thereof to CONSUL TANT. 19.2. CONSUL TANT may terminate this Agreement or suspend its performance of the Services, in whole or in part, in the event of a material breach of CITY's obligations to CONSULTANT under this Agreement, which breach is not cured by CITY (i) with respect to material breach of CITY's payment obligations herein, within thirty (30) days of receipt of written notice from CONSULTANT to CITY, or (ii) with respect to material breach of all other CITY obligations hereunder, within sixty (60} days of receipt of written notice from CONSUL TANT to CITY detailing the nature of such breach . CONSULTANT may terminate this Agreement without cause by giving one-year prior . written notice thereof to CITY. 19.3. In the event of any suspension or termination hereunder, CITY shall pay CONSULTANT for the Services rendered and materials delivered to CITY (i) on or before the effective date of such suspension or termination and (ii) in accordance with this Agreement. CITY shall pay such amounts to CONSULTANT within thirty (30) days after receipt of CONSULTANT's invoice. To the extent that CITY has prepaid any fees, CONSULTANT shall fund to CITY any prepaid fees on a pro-rata basis to the extent such fees are attributable to the period after the termination date, and CITY shall have no obligation to pay unpaid fees that would have become due during the remaining Term had this Agreement not been terminated . 19.4 The following Sections shall survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.3, this 19.4, 20, 25, and 27. SECTION 20. NOTICES. Any notice provided for in this Agreement shall be in writing and shall be either (i} personally delivered, (ii) received by certified mail, return receipt requested, or (iii) sent by reput~ble overnight courier service (charges prepaid) to the recipient at the address indicated below. To CITY: City of Palo Alto, City Manager's Office 250 Hamilton Ave., Palo Alto, CA 94301 With a copy also to the CITY's Project Manager. To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above . Notices will be deemed to have been given hereunder {i) when delivered personally to the recipient, (ii) one (1) business day after being sent to the recipient by reputable overnight courier service (charges prepaid) or (iii) five (5) business days after being mailed to the recipient by certified or registered mail, return receipt requested and postage prepaid . SECTION 21. CONFLICT OF INTEREST 21.1. In accepting this Agreement, CONSUL TANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. Page 8 of 25 21.2. CONSUL TANT further covenants that, in the performance of this Agreement, it shall not employ subcontractors or other persons or entities having such an interest. CONSULTANT celtifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision shall be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. CITY agrees and acknowledges that, as of the date of hereof, CONSULTANT is not a "Consultant" as that term is defined by the Regulations of the Fair Political Practices Commission, and that therefore CONSULTANT shall not be required to file the financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSUL TANT acknowledges that it has read and understands the provisions of Section 2.30.51 O of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY's Environmentally Preferred Purchasing policies which are available at CITY's Purchasing Department (and copies of which have been provided to CONSULTANT by CITY), incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY's Zero Waste Program . Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements: (a) All printed materials provided by CONSUL TANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY's project manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post­ consumer material and printed with vegetable based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division's office, and a copy of the current policy has been provided to CONSULTANT by CITY. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. Page 9 of 25 SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSUL TANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the CITY, CONSUL TANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.30 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section4.62.060. SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement shall terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS. The Services are not subject to prevailing wages . CONSULTANT is not - required to pay prevailing wages in the performance of the Services in accordance with applicable law including without limitation SB 7 . SECTION 27. MISCELLANEOUS PROVISIONS. 27 .1. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions . 27 .2. In the event that an action is brought, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Santa Clara, State of California . 27 .3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys ' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 27.4 . This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties . 27 .5. The covenants, terms, conditions and provrsrons of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 27.6 . If a court of competent jurisdiction finds or rules that any provis ion of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto shall remain in full force and effect. Page 10 of 25 27.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and shall be deemed to be a part of this Agreement. 27.8. In the event of a conflict between the terms of this Agreement and the exhibits hereto or CONSULTANT's proposal (if any), this Agreement shall control. In the case of any conflict between the exhibits hereto and CONSULTANT's proposal, the exhibits shall control. 27.9. If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.S(d) about a California resident ("Personal Information"}, CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform CITY as soon as practicable, but no later than 24 hours after learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without CITY's express written consent. 27 .10. All unchecked boxes do not apply to this Agreement. 27 .11. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 27.12. This Agreement may be signed in multiple counterparts, which, when executed and delivered by the parties hereto, shall together constitute a single binding agreement. This Agreement may be signed using the City's Docusign platform . {signature page follows] Page 11 of25 CONTRACT No. Cl9174493 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO AL TO PETS IN NEED City Manager Officer 2 APPROVED AS TO FORM: By~ Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "D": .. . Name: ,. ;-A Title~·,#'/c0~ SCOPE OF SERVICES COMPENSATION INSURANCE REQUIREMENTS USE OF PREMISES Page 12 of 25 EXHIBIT 11 A" SCOPE OF SERVICES PETS IN NEED ("CONSULTANT") agrees to provide Animal Shelter Services as described in Section II below at the Palo Alto Animal Shelter, 3281 East Bayshore Road, Palo Alto, CA, for the City of Palo Alto ("CITY") and the Contract Cities . CITY agrees to perform the obligations as described in Section Ill below. I. DEFINITIONS The following terms as used in this Exhibit "A" Scope of Services shall have the meaning provided below: A . "Diseased and crippled animal" means those animals which are known or believed to be infected with a~y dangerous or communicable disease, or which have an incurable , crippled condition or which are afflicted with any painful disease which is believed to be incurable . B. "Dangerous animal" means any dog or other animal which demonstrates a propensity to assault, bite, scratch or harass people or other animals without provocation. There shall be a rebuttable presumption that any animal that bites a person is a dangerous animal. Capitalized terms used but undefined herein shall have the meanings set forth in the Agreement for Professional Services (this "Agreement") to which this Exhibit is attached and of which it forms a part. II. PETS IN NEED RESPONSIBILITIES: 1. Animal Shelter Services. CONSUL TANT shall perform the following sheltering services and shall provide shelter supplies, animal attendants , supervisors and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following services ("Shelter Services"): a) Shelter of abandoned, surrendered, impounded, lost or stray domestic animals brought to the shelter by CITY or its Contract Cities, its residents, or personnel. b) CONSULTANT may shelter and provide services to animals outside the scope of paragraph (a) above rnon-City animals") including moving animals between the Palo Alto Animal Shelter and Pets In Need Redwood City facility on a space-available basis and at CONSULTANT's sole expense for all costs, including labor, equipment, supplies, food, and medication . At no time shall animals within the scope of paragraph (a) above be denied services due to services provided to non-City animals at the Pets in Need Palo Alto Animal Shelter. c) For the avoidance of doubt, to the maximum extent Page 13 of 25 permissible by law, CONSUL TANT shall have exclusive discretion over how long an animal is sheltered, including exclusive discretion to shelter an animal for a longer period than the statutory minimum number of days This section shall not be interpreted to authorize funds in addition to those specified in this Agreement, and CONSULTANT shall be responsible for managing the length of animal sheltering within the funds and resources authorized by this Agreement. d) Quarantine of biting animals. e) Rabies testing of suspect animals. f) Provision for reclaim of abandoned, lost or stray domestic animals during established business hours. g) Shelter staff shall make every effort to identify lost animals (through ID tags and microchips) and to contact owners. h) Be CITY's and Contract Cities' main point of contact (by phone, in-person, and electronic means) regarding animal shelter services, including inquiries regarding missing pets. i) Provide medical evaluation and treatment, if necessary, to all incoming animals. This includes vaccinations, and spay and neuter surgeries to domestic animals. j) Euthanasia and disposal of abandoned, lost, impounded, or stray domestic animals that are unclaimed by their owners and found to be diseased and crippled and/or dangerous as defined by Palo Alto Municipal Code and California State Law. k) For purposes of clarity, CONSUL TANT shall not be required to provide owner-requested euthanasia at any time, and CITY acknowledges that CONSUL TANT has elected not to provide or subcontract this service. I} CONSULTANT shall maintain a public website, separate from the CITY's website, with information including without limitation: shelter hours, volunteer opportunities, adoption information, medical services offered and information about those services and contact information. m} Consultant shall allow CITY Animal Control Officers access to the shelter at all times for purposes of dropping off animals and provide reasonable accommodation for Animal Control Officers to begin and end their shifts, and complete administrative work in the shelter. n) CONSULTANT shall maintain, repair and replace all surgical room equipment, cages, hoses, and other equipment at the facility. o) CONSULTANT shall comply with all federal, state, and local laws in effect applicable to the Services upon commencement of the provision of the Services, and shall be subject to inspection by the CITY and other duly authorized federal, state, and local authorities to insure Page 14 of 25 such compliance. This includes the applicable provisions of Palo Alto Municipal Code Title 6, as amended from time to time. For the avoidance of doubt, this provision shall not be construed to expand the scope of the Services as expressly set forth in this Exhibit "A". p) CONSULTANT shall use commercially reasonable efforts to offer comprehensive volunteer and educational programs which may include, without limitation: animal fostering programs, dog walker programs, and animal care trainings. q} When appropriate, in CONSULTANT'S sole discretion, CONSULTANT may partner and/or coordinate with adoption programs, rescue groups, and other no-kill shelters to maximize the shelter's adoption rate and/or place animals in suitable foster care. CONSULTANT shall seek CITY's approval for partnerships in which CONSUL TANT pays or receives money or other financial consideration, solely to the extent that such partnership relates to CONSULTANT's performance of the Services. CITY shall approve or deny in writing any such request within thirty (30) days after receipt of such request. r) Develop and maintain communication with CITY by: 1. Responding in a timely.manner to emails and phone calls. 2. Communicating and resolving issues and concerns promptly. s} Develop, in cooperation with CITY, a feral cat plan. The plan shall include how PIN handles feral cats, spay/neuter provisions, and release of feral cats. CONSULTANT shall not release feral cats within the City of Palo Alto or any of its Partner Cites. t) Develop, in cooperation with CITY, a disaster preparedness plan . 2. Medical Services a) CONSUL TANT shall provide supplies, and professional and trained personnel, employed or under subcontract or contract, necessary to perform the following services ("Medical Services"): Provision of veterinarian services twenty-four (24} hours per day to treat and provide veterinarian care for impounded animals, including for animals picked-up by Animal Control Officers. CONSULTANT may, in its sole discretion and at its sole expense, arrange after-hours emergency care through any veterinary subcontractor. b) Monitor quarantined animals. c) For a fee, conduct vaccination clinics and have available, free of charge to the public, rabies control information. d) Conduct microchipping. e) For a fee, which shall be posted on CONSULTANT's website, Page 15 of 25 at the same rate established for City residents and Contract Cities, provide access to the CONSULTANT's low cost spay and neuter clinic. f) The City's Animal Control Officers shall be licensed through CONSULTANT'S medical authority to administer euthanasia as necessary for animals that are unclaimed by their owners and found to be diseased and crippled and/or dq11gerous as defined by Palo Alto Municipal Code. g) Comply with all laws requiring reporting of animal-borne diseases, including rabies. This includes Municipal Code section 6.32.020, as amended from time to time . 3 . Operating Schedules a) CONSUL TANT shall provide Shelter Services for the animals twenty-four (24) hours a day, seven (7) days a week. b) CONSULTANT shall provide emergency veterinary services in accordance with Section 597(f) of the California Penal Code . c) CONSULTANT shall have shelter staff on site for care of shelter animals seven (7) days per week, 365 days per year. d) CONSULTANT shall have business offices and public access areas of shelter to be open to the public on a schedule designed to benefit the public and facilitate the services established in this Agreement, provided that the public hours and access be a minimum of six (6) days per week and forty (40) hours per week . CONSULTANT shall post the public hours on its website, and inform CITY and Contract Cities in writing of any change in hours . e) CITY acknowledges and agrees that, until the renovations described in Exhibit Dare completed, CONSUL TANT may be unable to be fully staffed and operational in accordance with this Paragraph 3, and may request to operate at a reduced schedule at its reasonable discretion. Consultant's project manager shall make any such request to City's project manager, whose consent shall not be unreasonably denied, delayed, or conditioned. f) CONSUL TANT shall observe the following holiday closures for public hours: January 1 (New Year's Day) Martin Luther King's birthday Memorial Day July 4th (Independence Day) Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve (1/2 Day) Christmas Day 4 . Dead Animal Services a) CONSULTANT shall provide storage facilities, disposal Page 16 of 25 mechanisms, administrative personnel, and any other personnel, supplies and equipment reasonably required to perform the following services ("Dead Animal Services"): i. Identification of and notification to the owner of the dead animal, whenever possible; and ii. Disposal of the body of the dead animal. CONSUL TANT shall offer animal owners the option to pay for cremation services, in which case, CONSUL TANT shall arrange for cremation with the appropriate subcontractor. b) CONSULTANT shall subcontract with one or more subcontractors for the maintenance of a dead animal storage facility as well as collection of dead animals and maintenance of the facility and equipment, all at CONSULTANT's sole expense. 5. Wildlife a) The impoundment of wildlife shall be managed by CONSUL TANT staff. An assessment of wildlife shall be done by medical staff, if necessary. If the animal is severely injured or sick, a licensed veterinarian shall be consulted, and the case shall be fully documented in accordance with AVMA guidelines. This Agreement assumes that all wildlife animals will continue to be transferred to the Peninsula Humane Society at no cost to the CITY or to CONSUL TANT, as set forth in the Memorandum of Understanding between CONSUL TANT and Peninsula Humane Society dated November 17, 2017. Should Peninsula Humane Society request fees for wildlife intake, CONSULTANT and the CITY shall negotiate in good faith to amend this Agreement per Section 27 .4 herein, to provide for the reimbursement by CITY to CONSULTANT of such fees (upon documentation of such fees by CONSULTANT reasonably satisfactory to CITY). 6. Records Management a) CONSUL TANT and CITY's Animal Control shall maintain joint access to the Chameleon database, as provided for in this section . CONSUL TANT is responsible for keeping the Chameleon database updated in a timely fa~hion. Chameleon data is designated "For Official Use Only," meaning, CONSUL TANT may only use such data for the performance of this Agreement, and not for marketing or any other purposes without the prior written consent of the CITY's City Manager or designee. Annual maintenance fees for the Chameleon software shall be paid by CITY. Repair and replacement cost of the server and supporting hardware, if any, shall also be paid by CITY. CONSUL TANT shall not have access to certain areas of the database, such as saved criminal information (as required by law). CITY shall work with the database programmer/vendor to ensure that such areas of the Page 17 of 25 database are not accessible by CONSULTANT. All data entered into the Chameleon database by any party shall be property of CITY. b) Monthly Report i. CONSUL TANT shall deliver to CITY during the term of this AGREEMENT, and within thirty (30) days of the end of each month, a monthly Animal Shelter and Impound Report summarizing monthly and year-to-date services provided by CONSULTANT for CITY. This report shall include, but not be limited to, the following information: ( 1) Licensing statistics (2) Medical statistics including spay and neuter, microchips, and vaccinations (3) Volume of animals in and out of facility by type of animal and type of outcome. (4) For each animal, which city in which it was picked up (if known). c) Financial Reporting i. CONSULTANT shall deliver to CITY during the term of this Agreement, and within ninety (90) days of the end of each May, an audited financial report covering CONSULTANT's operation of the Palo Alto Animal Shelter. d) Retention of Records, Right to Monitor and Audit i. CONSUL TANT shall maintain records relating to CONSUL TANT's operation of the Palo Alto Animal Shelter for a period of four (4) years after the expiration or termination of this Agreement or until any audits or reviews are completed, whichever comes later, and such records shall be subject to examination and/or audit of CITY, a Federal granter agency, and the State of California for a period of four (4) years after the expiration or termination of this Agreement or until any audits or reviews are completed, whichever comes later. ii. Records/accounts relating to CONSULTANT's operation of the Palo Alto Animal Shelter shall be open and accessible to inspection upon reasonable notice during normal business hours throughout the term of this Agreement and for a period of four (4) years thereafter or until any audits or reviews are completed, whichever comes later. iii. Parties, upon request by either party to the other, shall meet on occasion to consider revisions which may be needed to the reporting forms created to document performance of the Services provided. 7. Fundraising, Marketing and Branding a) CONSULTANT shall create and manage fundraising, marketing, volunteer development and education programs. Local volunteer Page 18 of 25 groups shall be integrated into fundraising and other activities and events when reasonably possible. The "Pets In Need Palo Alto Animal Shelter" shall be the initial brand name of the shelter to be operated by CONSULTANT pursuant to this Agreement, and any logo or name change shall be approved in writing by CONSUL TANT and the CITY's City Manager or designee prior to use. 8. Licensing and other fee collection a) CONSULTANT shall charge fees for services according to the CITY's municipal fee schedule or according to state or local laws. Fees for any services not covered by CITY's municipal fee schedule or state or local laws shall be set by CONSUL TANT. CONSUL TANT shall take CITY's comments into consideration when setting such fees. CITY shall take CONSUL TANT's comments into considefation when setting its municipal fee schedule. b) CONSUL TANT shall manage dog licensing including processing, issuance, and renewals on behalf of CITY and Contract Cities. Licensing information shall be included on all Incident Reports and, additionally, provided to CITY on an as requested basis. CONSULTANT shall collect all associated license fees on behalf of CITY, at the fee amounts set by CITY. Licensing includes the licensing of dogs as defined in Municipal Code Chapter 6.16 as amended from time to time. c) CONSUL TANT shall process citation fees, and shall remit 100% of these fees to the CITY on a quarterly basis. PETS IN NEED shall process and retain all other fees and revenues, including without limitation adoption fees, spay, neuter, impoundment, permit, license, and other fees as listed in the municipal fee schedule. 9. Contract Cities; WeCare Alliance a) CITY and CONSULTANT shall provide services to the City of Los Altos and the Town of Los Altos Hills (the "Contract Cities 0 ) pursuant to the CITY's amended Regional Animal Care and Control contracts approved by City Council on June 2, 2014. These contracts are valid through June 30, 2019 with an option for an additional five-year extension . The Parties agree that this Agreement assumes that the Contract Cities' contracts will be in effect during the entire term of this Agreement. b) CITY shall consult with CONSUL TANT should the contracts with the Contract Cities be amended or terminated, provided that if any such amendment or termination is reasonably expected to result in increased costs to CONSULTANT, such amendment or termination (if initiated by CITY) shall be subject to Page 19 of25 CONSUL TANT's prior written consent. CONSUL TANT shall notify CITY in writing of its consent or lack thereof within forty-five (45) days after receipt of CITY's written request, which request shall include the precise language of such amendment or all relevant details of such termination (whichever applies}. If CONSULTANT consents, the parties shall amend this Agreement (i} to adjust the scope of Services accordingly and (ii) to cover any reasonable cost increases to CONSUL TANT. c) CITY may contract with additional cities, subject to CONSULTANT's prior written consent. CONSULTANT shall notify CITY in writing of its consent or lack thereof within forty­ five (45) days after receipt of CITY's written request, which request shall include the text of such proposed contracts. If CONSUL TANT consents, CONSUL TANT and CITY shall amend this Agreement (i) to adjust the scope of Services accordingly and (ii) to cover any reasonable cost increases to CONSULTANT. d) CONSUL TANT shall continue membership in the WeCare Alliance (www.sheltersfirst.org}. 10. Cost Overruns or Changes a) If CITY or state laws are passed during the term of this Agreement that require a greater level of service, CITY and CONSUL TANT agree to negotiate in good faith regarding the reimbursement of CONSULTANT for additional costs associated with implementing the new laws. If Parties are unable to agree on reimbursement costs, CONSUL TANT shall document the increased costs and submit to the City Auditor. The City Auditor shall conduct an independent audit. Parties agree to accept the City Auditor's determination of any increased costs. b) If current state laws are amended, repealed, otherwise changed or suspended during the term of this Agreement that reduce, alter, or remove existing relevant mandates, either party may require the other party to meet to discuss possible financial and operational impacts of levels of service per the change in law, including but not limited to any decrease in contract amounts paid to CONSULTANT, provided that no such decrease shall be effective unless agreed by CONSULTANT. 111. CITY RESPONSIBILITIES. CITY shall: 1. Provide an adequate and safe facility for CONSULTANT to perform the Services. 2. Provide Animal Control Officers (ACOs) and their services for CITY and Contract Cities . This shall include maintenance of ACO vehicles Page 20 of 25 and equipment. Establish fees for dog licensing and animal impounding. 3. With regard to the shelter facility, provide and/or pay for utilities, taxes, electricity, water, gas, waste water, recycling, waste (not animal disposal), internet, Chameleon software/database and associated support, and Chameleon server hardware and support (if any), which collectively is estimated to cost approximately $55,000 peryear. 4. Develop and maintain proactive and consistent communication and rapport with CONSUL TANT a) Respond in a timely manner to emails and phone calls b) Communicate and resolve issues and concerns immediately c) Provide excellent customer service to CONSUL TANT staff and customers 5. Develop, in cooperation with CONSULTANT, a disaster preparedness plan 6. Administer the agreements between the CITY and the Contract Cities regarding animal shelter services. Page 21 of25 EXHIBIT "B 11 COMPENSATION CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the schedule below. SCHEDULE Year1 Year2 Year3 Year4 Years Sub-total Basic Services Reimbursable Expenses TO EQUAL AND NOT TO EXCEED (SUBJECT TO SECTION 19 "TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES") $708,000.00 $663,000 .00 $676,260.00 $689,785.20 $703,580.90 $3,440,626.10 $0.00 Total Basic Services and Reimbursable expenses $3,440,626.10 Contingency Funds $200,000.00 (not to exceed $40,000 per year) Additional Compensation for Renovation Delays $60,000.00 Maximum Total Compensation ONE-TIME ADVANCE (not to exceed $5,000 per month; see Exhibit D, Section 15.7) $3,700,626.10 Simultaneous with the execution of this Agreement, CITY shall pay to CONSULTANT One Hundred Seventy Eight Thousand dollars ($178,000) as an advance against the first three months of CONSULTANT's fee. CONSULTANT shall not submit an invoice for the remainder of its fee for the third month until the end of such third month. CONTINGENCY FUNDS CITY shall provide contingency funds to CONSUL TANT in the following circumstances, subject to written approval by the CITY's project manager, and to equal and not to exceed the amount in this Exhibit C: 1. CITY shall provide contingency funds for after-hours and emergency veterinary care if: a. CONSULTANT has already spent at least $10,000 in the past 12 months on a rolling basis on after-hours or emergency veterinary care that was reasonable based on AVMA guidelines; and b. The emergency or after hours treatment being sought is reasonable based Page 22 of 25 on AVMA guidelines. 2. CITY shall provide contingency funds for hoarding cases if: a. CONSUL TANT has already served more than 600 animals from the CITY or the Contract Cities in the past 12 months; and b. The hoarding case involves a minimum of 12 animals brought at once that are expected to stay in the facility for at least 30 days each. 3. CITY shall provide contingency funds for the actual costs of wildlife intake at the Peninsula Humane Society if: a. The Peninsula Humane Society begins charging for the costs of wildlife services; and, b. This Agreement has not yet been amended to reflect the additional costs of such services. 4. CONSULTANT may also request contingency funds in other unforeseen circumstances. To request contingency funds, the CONSULTANT shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT's proposed maximum compensation, for such services. In addition to the factors above, CITY may consider whether contingency funds are appropriate within existing funding and workload, and contingency funds shall not be released if CONSULTANT has not exhausted unused or unallocated funds. The CITY shall notify CONSULTANT in writing of its approval or lack thereof within ten (10) days after the date of CONSUL TANT's proposal. If CITY's project manager does not approve CONSUL TANT's request, CONSUL TANT may appeal that decision to the City Manager. If authorized by CITY, the contingency services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY's project manager and CONSULTANT, and payment shall be made to CONSUL TANT, no later than ten (10) days after the date of CITY's authorization. Contingency funds are subject to all requirements and restrictions in this Agreement. ADDITIONAL COMPENSATION FOR RENOVATION DELAYS The City shall pay Consultant up to $5,000 monthly for up to twelve consecutive months pursuant to the terms of Exhibit D, Section 15.7 ("Additional Compensation for Renovation Delaysa) of this Agreement. REIMBURSABLE EXPENSES No Reimbursable Expenses are authorized by CITY through this Agreement, unless pursuant to a written amendment to this Agreement as provided for herein . ADDITIONAL SERVICES No Additional Services are authorized by the CITY through this Agreement, unless pursuant to a written amendment to this Agreement as provided for herein . Page 23 of25 REQUIRED YES YES YES YES YES YES INSURANCE YES YES EXHIBIT 11C" INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A­ :VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: MINIMUM LIMITS TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE WORKER'S COMPENSATION STATUTORY EMPLOYER'S LIABILITY BODILY INJURY $5,000,000 $5,000,000 GENERAL LIABILITY. INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $5,000,000 $5 ,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE $1,000,000 $1,000,000 AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED , NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000 ,000 BODILY INJURY AND PROPERTY $1 .000 ,000 $1,000,000 DAMAGE, COMBINED PROPERTY INSURANCE ALL RISK, FULL REPLACEMENT INSURANCE \/.II.I I I&: BUSINESS INTERRUPTION PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN ALL DAMAGES $2,000,000 APPLICABLE), AND NEGLIGENT PERFORMANCE THE CITY OF PALO AL TO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN. IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONTRACTORS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS Page 24 of25 UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF CONSULTANT UNDER THIS POLICY. C . NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITIEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITIEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. II. INSURANCE COVERAGE MUST INCLUDE: 1. A PROVISION FOR AWRITIEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND 2. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT'S AGREEMENT TO INDEMNIFY CITY. 3 . DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL. Vendors are required to file their evidence of insurance and any other related notices with the City of Palo Alto at the following URL: https://www.planetbids.com/portal/portal.cfm?Company1D=25569 OR http://www.cityofpaloalto.org/qov/depts/asd/planet bids how to.as Q Page 25 of25 . EXlllBITD USE OF PREMISES SECTION 1. USE OF PREMISES. Consultant shall have the exclusive right to enter and use the Premises during the tenn of this Agreement for the sole purposes of perfonning the Services and fulfilling Consultant's obligations under the Agreement, as detailed in this Section 1 ("Use of Premises") of this Exhibit D. Consultant shall have the right to pennit Consultant's employees, agents and subcontractors to enter and access the Premises for the sole purposes of perfonning the Services and fulfilling Consultant's obligations under this Agreement. Consultant shall have the right to exclude third parties and trespassers onto the Premises. Notwithstanding the foregoing, City's Animal Control Officers and their supervisors have the right to enter the Premises at any time. In addition, City has the right to enter Premises at any time for the purposes of inspection, emergency response and the perfonnance of City obligations under this Agreement. Consultant shall, at City's request, promptly remove any of Consultant's property or Consultant-installed improvements on the Premises to allow City access to the utilities or other City owned facilities/property. In the event City deems it necessary, for purposes of health, safety or building code requirements, in City's sole discretion, City shall have the right to move, alter or remove any such property or improvements and City shall be responsible for promptly restoring or returning the same to its prior condition. SECTION 2. CONDITION OF PREMISES, CLEANING AND MAINTENANCE. 2.1 Condition of Premises, Routine Interior Cleaning and Janitorial Activities. In connection with its use, Consultant shall maintain the Premises in a clean, safe, secure, orderly, and sanitary condition, consistent with a commercially reasonable standard for a well-run animal shelter facility, so far as the Premises may be affected by Consultant's activities under this Agreement. Specifically, Consultant shall undertake routine cleaning and janitorial activities as necessary to maintain the interior of the Premises in an orderly condition, as above, provided that nothing in this section shall obligate Consultant to make any alterations or capital improvements to the Premises. Consultant shall maintain all of its own equipment, furnishings and trade fixtures upon the Premises which are required for the maintenance and operation of the Palo Alto Animal Shelter. 2.2 Maintenance and Utilities. Outside of Consultant's responsibilities for routine interior cleaning and janitorial activities in Section 2.1 of this Exhibit, City shall be responsible for the maintenance of the interior and exterior of the Premises and the surrounding grounds, including (without limitation) the maintenance, repair, and replacement of the roof, building structure, improvements, and the HV AC, electrical, plumbing, and other building systems. City shall perfonn any alterations to the Premises (1) required by applicable laws or laws of general application (i.e. ADA, seismic regulations, and building codes) and (2) to ensure that utilities (including, without limitation, water, gas, and electricity) are available to the Premises, in amounts sufficient for Consultant to perform the Services. In the event of a utilities outage, the City will work diligently to restore availability as quickly as possible. City shall promptly perform its obligations under this Section 2.2 ("Maintenance and Utilities"). In the event of a maintenance issue that impacts the health and safety of the operations, the City shall respond within 24 hours of receipt of notice from Consultant to develop an action plan to address the issue in an expedited timeframe. SECTION 3. HAZARDOUS MATERIALS. 3.1 Environmental Laws. "Environmental Laws" means any applicable federal, state or local laws and regulations relating to Hazardous Material (including, without limitation, its use, handling, transportation, production, disposal, discharge or storage) or to human health and safety, industrial hygiene or environmental conditions in, on, under or adjacent to the Premises, including without limitation soil, air and groundwater conditions. 3.2 Hazardous Materials. "Hazardous Materials" means any substance, material, waste, pollutant or contaminant which is regulated by applicable Environmental Laws as being hazardous, toxic, flammable, carcinogenic, explosive or radioactive, or is potentially injurious to the public health, safety or welfare or the environment. 3.3 Release. "Release," when used with respect to Hazardous Materials, means any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, depositing, or disposing on, in, under or adjacent to the Premises, or any improvements constructed hereunder by or on behalf of the Consultant, or in, on, under or adjacent to the Premises or any portion thereof in violation of Environmental Laws. 3.4 Remediation. "Remediation" (and derivatives thereof such as an without limitation "remediate"), when used with reference to Hazardous Materials, means any activities undertaken to clean up, remove, contain, treat, stabilize, monitor or otherwise control Hazardous Materials located in, on or under or adjacent to the Premises, or which have been or are being, or risk of being Released into the environment. Remediation includes, without limitation, those actions included within the definition of "remedy" or "remedial action" in California Health and Safety Code Section 25322 and "remove" or "removal" in California Health and Safety Code Section 25323, and as may be amended from time to time. 3.5 No Hazardous Materials. Consultant covenants and agrees that Consultant shall not, nor shall Consultant permit any of Consultant's officers, employees, agents, or subcontractors, to cause or pe1mit any Hazardous Material to be brought upon, kept, used, stored, generated, deposited or disposed of in, on, under or adjacent to the Premises in violation of Environmental Laws, provided that Consultant may store and use such substances in and on the Premises in such limited amounts as are customarily used in the operation of an animal shelter such as the Premises so long as such storage and use is at all limes in full compliance with all applicable Environmental Laws and permits. Consultant shall notify the City as soon as possible within 24 hours if and when it learns or has reason to believe that there has been any Release of Hazardous Material in, on, under or adjacent to the Premises. The City may request Consultant to provide adequate information for City to determine that any Hazardous Material permitted hereunder is being handled in compliance with all applicable Environmental Laws, and Consultant shall promptly provide all such information. In the event that any Hazardous Material is Released in, on, under or adjacent to the Premises by Consultant or any of Consultant's officers, agents, employees, or subcontractors, Consultant shall promptly undertake all necessary actions to Remediate the contaminating Hazardous Material from the Premises and to return the Premises and other City property affected thereby, to the condition existing prior to such Release, or its reasonable equivalent or better, and otherwise investigate and Remediate the Release in accordance with applicable Environmental Laws, at no cost to City. Notwithstanding the foregoing, and excluding Consultant's notice obligations under this Section, Consultant shall have no Remediation obligations under this Section for (i} the mere discovery of any preexisting condition, or (ii) any conditions arising out of any action or inaction of City, its Council members, officers, employees, agents or subcontractors, and not contributed to by any action or inaction of Consultant or Consultant's officers, employees, agents, or subcontractors, (iii) any conditions arising out of any action or inaction of third party vendors that are not an agent or subcontractor of Consultant, and not contributed to by any action or inaction of Consultant or Consultant's officers, employees, agents, or subcontractors, (iv) any conditions arising out of any action or inaction of a third party, not an agent or subcontractor of Consultant, and not contributed to by any action or inaction of Consultant or Consultant's officers, employees, agents, or subcontractors. 3.6 Hazardous Material Indemnity. Consultant shall, on behalf of itself and its successors and assigns, indemnify, defend and hold harmless City, its Council members, officers, employees and agents ( each a "City Indemnified Party"} from and against any and all claims, liabilities, penalties, forfeitures, losses and/or expenses (including, without limitation, diminution in value of the Premise, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Premise, damages arising from any adverse impact or marketing of the Premises and sums paid in settlement of claims, response costs, cleanup costs, site assessment costs, reasonable attorneys' fees, reasonable expert fees, judgments, administrative rulings or orders, fines, penalties, costs of death of or injury), to any person or damage to any property whatsoever (including, without limitation, groundwater, sewer systems and atmosphere), arising from, or caused or resulting, in whole or in part, directly or indirectly, by the presence or discharge in, on, under or adjacent to the Premises by Consultant, or Consultant's officers, employees, agents or subcontractors, of Hazardous Material, or by any such party's failure to comply with any applicable Environmental Law, whether knowingly or by strict liability. Such Consultant indemnity obligations include, without limitation, and whether foreseeable or unforeseeable, all costs of any Hazardous Materials management plan, closure, investigat.ion, repairs, and Remediation and restoration of the Premises to its prior condition. For purposes of such indemnity obligations, any acts or omissions of Consultant, its officers, employees, agents, or subcontractors (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Consultant. Consultant shall provide the City with written notice of and afford City a full opportunity to participate in any discussions with governmental regulatory agencies regarding any settlement agreement, Remediation or abatement agreement, consent decree, permit, approvals, or other compromise or proceeding involving a Release of Hazardous Materials in, on, under, or adjacent to the Premises by Consultant or Consultant's officers, employees, agents, or subcontractors as detailed in this Section. Notwithstanding the foregoing, Consultant shall have no obligation to indemnify the City or any City Indemnified Party for (i) the mere discovery of any preexisting condition, or (ii) any conditions arising out of any action or inaction of City, its Council members, officers, employees, agents or subcontractors and not contributed to by any action or inaction of Consultant or Consultant's officers, employees, agents, or subcontractors, (iii) any conditions arising out of any action or inaction of third party vendors that are not an agent or subcontractor of Consultant, and not contributed to by any action or inaction of Consultant or Consultant's officers, employees, agents, or subcontractors, (iv) any conditions arising out of any action or inaction of a third party, not an agent or subcontractor of Consultant, and not contributed to by any action or inaction of Consultant or Consultant's officers, employees, agents, or subcontractors. SECTION 4. DAMAGE TO UTILITIES. Consultant shall exercise reasonable care to not do anything in, on, under or adjacent to the Premises that damages any City utilities (e.g. gas, water, wastewater, fiber, electric) located in, on, under or about the Premises. Consultant agrees to reimburse City within thirty (30) calendar days of City's written request for any damages caused to City owned utilities caused by a failure of PIN to exercise reasonable care the Premises. SECTION 5. [RESERVED BY AGREEMENT OF THE PARTIES] SECTION 6. SURRENDER; DUTIES UPON TERMINATION OR EXPIRATION. Upon the expiration or earlier termination of this Agreement, Consultant shall immediately surrender the Premises in the same condition as received upon completion of the improvements detailed in this Agreement and any other improvements completed by City during the term of this Agreement (excepting reasonable wear and tear; casualty not caused or contributed to by Consultant or its officials, employees, agents or subcontractors; or condemnation not caused or contributed to by Consultant or its empl9yees, agents or subcontractors), broom cleaned, walk-through with City staff completed, and free from hazards that are not pre-existing and were not introduced by the City or its officials employees, agents or subcontractors and clear of all debris that is not pre-existing and was not introduced by the City or its officials, employees, agents or subcontractors. At such time, Consultant shall remove all of its property from the Premises hereunder, and shall repair, at its cost, any damage to the Premises caused by such removal. Consultant's obligations under this Section shall survive any termination of this Agreement. Consultant shall deliver to the City the originals of all books, permits, plans, records, licenses, contracts, and other documents pertaining to the Premises and its operation, any insurance policies, bills of sale or other documents evidencing title or rights of the City, and any and all other records or documents pertaining to the Premise, whether or not enumerated herein, which are requested by the City or necessary or desirable for the ownership and operation of the Premise, which are in the Consultant's possession. Consultant shall also deliver to City all keys, alarm codes, passwords, and other items used to secure the Premise . Consultant further agrees to do all other reasonable things reasonably necessary to cause an orderly transition of the management and operation of the Premises. The provisions of this Section shall survive the expiration or earlier termination of this Agreement until the obligations of the Consultant under this Section are fulfilled to the reasonable satisfaction of the City. SECTION 7. REPAIR OF DAMAGE. If any portion of the Premises or any property of City located in, on, under or adjacent to the Premises is damaged or at risk of damage by any of the activities conducted by Consultant or anyone acting by or through Consultant, Consultant shall immediately notify City in writing of such damage or risk of damage. City may remedy, but shall not be obligated to remedy, such damage or risk of damage at Consultant's sole cost, or City may elect to witness Consultant's repair work. In the event City elects not to remedy such damage or threat, Consultant shall repair any and all such damage and restore the Premises or such property to its previous condition subject to City's inspection, review and approval. SECTION 8. CITY'S RIGHT TO CURE DEFAULTS BY CONSULTANT. If Consultant fails to perform any of its obligations under this Exhibit D to restore the Premise, remove or alter improvements or repair damage, or if Consultant defaults in the performance of any of its other obligations under this Exhibit D within a reasonable time after demand by City, then City may, at its sole option, remedy such failure at Consultant's expense; within ten ( I 0) days of receipt of a bill, Consultant shall promptly reimburse the City's actual reasonable costs (including without limitation all costs, damages, expenses or liabilities incurred by City, reasonable attorneys', experts' and Consultants' fees) in remedying or attempting to remedy such failure, or City may reduce any outstanding amount due to Consultant under the Agreement by the cost to City of such remedial action. In the alternative, the cost thereof may be made a lien on Consultant's property as provided in section 12.12.010 of the Palo Alto Municipal Code. Any such remedial action by City shall not be construed as a waiver of any rights or remedies of City under this Exhibit D or the Agreement, and nothing herein shall imply any duty of City to do any act that Consultant is obligated to perform. Consultant's obligations under this Section shall survive the expiration or earlier tennination of this EKhibit D. SECTION 9. GENERAL PROVISIONS. (a) If Consultant consists of more than one person, the obligations of each person shall be joint and several. (b) Consultant may not record this Exhibit Dor any memorandum hereof. ( c) Any sale or conveyance by City of the Premises, the provisions of Section 19 ("Termination or Suspension of Agreement or Services") of this Agreement shall govern. SECTION 10. HOLDING OVER. If Consultant remains in possession of the Premises or any part thereof after the expiration of the term of this Agreement, or any renewal option thereto, such occupancy shall be a revocable license from month to month with all the obligations of this Exhibit D applicable to Consultant. Nothing contained Exhibit D or in the Agreement shall give to Consultant the right to occupy the Premises after the expiration of the term of this Agreement, or any renewal option thereto, or upon any earlier termination . SECTION 11. WAIVER OF CML CODE. Consultant expressly waives. the benefit ofany statute now or hereinafter in effect, including the provisions of sections 1941 and 1942 of the Civil Code of California, to the extent applicable, which would otherwise afford Consultant the right to make repairs at City's expense or to terminate this Agreement because of City's failure to keep Premises in good order, condition and repair. SECTION 12. ALTERATIONS BY CONSULTANT. Consultant shall not make any alterations or improvements to the Premises without obtaining the prior written consent of the City Manager, except for alterations or improvements that cost less than Ten Thousand Dollars ($10,000 .00) and which do not affect any building systems or the structural integrity or any structural components of the Premises. 12.1 Ownership of Improvements. All improvements constructed, erected, or installed upon the Premises by Consultant must be free and clear of all liens, claims, or liability for labor or material and shall become the property of City, at its election, upon expiration or earlier tennination of the term, and shall remain upon the Premises upon expiration or earlier termination of this Agreement. Any furniture, trade fixtures installed by Consultant, equipment or other property of Consultant (whether obtained prior to or during the term of this Agreement) shall remain the property of Consultant. Consultant shall restore the Premises to the condition prior to Consultant's installation of such trade fixtures, consistent with Section 6 ("Surrender; Duties Upon Termination or Expiration") .. 12.2 Indemnity for Claims Arising Out of Construction. For the avoidance of doubt, included in Consultant's obligations under Section 16 ("Indemnity; Limitation of Liability") of the Agreement to which this is an exhibit, is Consultant's obligation to indemnify, defend and hold hannless City Indemnified Parties against all Claims arising out of construction and maintenance work perfonned on the Premises by Consultant or caused to be performed on the Premises by Consultant. 12.3 Certificate of Inspection. In the event Consultant will perform, or cause to be performed, any construction, improvement or alteration or any other work on or to the Premises for which City requires a certificate of completion, then upon completion of any such construction, improvement or alteration, Consultant shall submit to the City Manager a Certificate of Inspection, verifying that such construction, improvement or alteration was completed in conformance with Title 20 of the California Code of Regulations for residential construction, or in conformance with Title 24 of the California Code of Regulations for non-residential construction, as applicable. 12.4 As Built Plans. Consultant shall provide the City Manager with a complete set of reproducible "as built plans" reflecting actual construction within or upon the Premises upon completion of any: (i) new construction or (ii) structural alterations. SECTION 13. ASBESTOS NOTIFICATION. Consultant acknowledges that City has advised Consultant that the Premises contains, or because of its age, is likely to contain asbestos-containing materials ("ACMs"). If Consultant undertakes any alterations, additions, or improvements to the Premises, Consultant shall do so in a manner that avoids disturbing any ACMs present on the Premises . If ACMs are likely to be disturbed in the course of such work, Consultant shall encapsulate or remove the ACMs in accordance with an asbestos-removal plan approved by the City and otherwise in accordance with all applicable laws, including giving all notices required, if any, by California Health and Safety Code§§ 25915-25919.7, as may be amended. SECTION 14. MATERIAL CASUALTY 14.1 Damage and Repair. If a Material Casualty (as defined herein) occurs, then the City shall detennine, in its sole and absolute discretion, whether it wishes to continue to operate the Premises as an animal shelter. The City's failure to provide written notice to Consultant of such election within thirty (30) days after the occurrence of a Material Casualty or other damage or destruction of the Premises shall constitute the City's election to continue the operation of the Premises as an animal shelter. If the City elects (or is deemed to elect) to continue the operation of the Premises as an animal shelter after a Material Casualty, or if the Premises is damaged but such damage does not constitute a Material Casualty, then the City shall promptly reconstruct or repair the destroyed or damaged portion of the Premises. City shall pay all costs of repairing and reconstructing the Premises. A "Material Casualty" is a total destruction of the Premises or any damage to the Premises the repair of which would exceed the City Manager's Council-delegated contracting authority under Palo Alto Municipal Code section 2.30.210, depending on the applicable contract types in relation to the repairs required. 14.2 Termination. If City notifies Consultant in writing within thirty (30) days after the occurrence of a Material Casualty that the City elects to not continue the operation of the Premises as an animal shelter after such Material Casualty, then the Agreement shall immediately terminate as of the date such notice is delivered to Consultant. In the event of such termination, (i) City shall pay Consultant's reasonable costs in winding down the operations at the Premises, including, but not limited to, any costs associated with the tennination of employees by Consultant and (ii) Consultant shall be entitled to retain its prorated compensation amount for the quarter in which termination occurs (prorated for the number of days in such quarter that elapsed up to the date of termination). 14.3 Continuation. If the City elects (or is deemed to elect) or is obligated to reconstruct or repair the damaged portions of the Premises because such damage does not constitute a Material Casualty pursuant to Section 14. l ("Damage and Repair"), the City and Consultant shall make a determination as to whether the Premises will continue to operate during the reconstruction/repair period. If the parties mutually determine (in their respective reasonable discretion) that the Premises will operate during such period, this Agreement shall remain in full force and effect. Otherwise, Consultant's obligations to provide animal shelter services under this Agreement shall be suspended during such period. In the event of such suspension, (i) City shall pay Consultant's reasonable costs incurred by Consultant during any such suspension of operations and (ii) Consultant shall be entitled to retain its prorated compensation amount for the quarter in which suspension occurs (prorated for the number of days in such quarter that elapsed up to the date of suspension). City shall further pay all reasonable costs incurred by Consultant due to such suspension. If the parties desire, during the suspension period, the parties may negotiate in good faith to try to provide for animal shelter services to the best of the parties' reasonable abilities under the circumstances of such a suspension. SECTION 15. CITY IMPROVEMENTS TO PREMISES. The City has worked with Consultant to identify improvements to the Premises. The City shall improve the Premises as follows, subject to the Contingencies described in this section: 15.1 Expansion of Existing Medical Suite. The City shall expand the medical suite at the Premises to accommodate more animals and offer more privacy to customers. The remodeled medical suite shall expand into the office area for the shelter and shall offer separate entrances for medical customers, separate treatment, recovery, and preparation areas, as well as a lobby for medical customers. The expansion will not be inconsistent with the plans entitled "Floor Plan -New Medical Area" that Consultant provided to City, attached as (Exhibit D-1 ), to the extent practicable and feasible based on site requirements and architectural-or engineering-based considerations. The City shall abate asbestos and lead paint within the medical suite area of the Premises. Expected Timeline: Design and Review Timelines: A/E Consultant Procurement: November 8 -December 30, 2018 Schematic Design/ Design Development: January 2, 2019 -February 25, 2019 Construction Documents: February 28-March 22, 2019 Building Permit: April 4-May 5, 2019 Procurement and Construction Timelines: General Contract Bidding/Procurement: April 25 -July 7, 2019 Construction: July 24 -November 14, 2019 Note: During construction, the building will be closed, and staff will need alternative worksites. All other parts of the building should still be open. 15.2 Addition of New Modular Building. The City shall place a modular building on the site to supplement the existing building. The building shall be used for offices as well as for meetings and educational programs for the public. The modular building shall be connected to utilities and will likely require a concrete pad. The modular building will not be inconsistent with Exhibit D-2, to the extent practicable and feasible based on site requirements and architectural-or engineering-based considerations. The City will place one (1) construction-type trailer within sixty (60) days as temporary accommodations until the modular building is installed and operational. Expected Timeline: Design and Review Timelines: Design: November 8, 2018 -February 25, 2019 ARB Review: January IO, 2019-February 8, 2019 Building Pennit (concurrent): January I I, 2019 -May 4,2019 Procurement and Construction Timelines: Procurement (9 steps): February 28 -May 12, 2019 Construction (4 major steps): May l, 2019 -July 28, 2019 15.3 Renovation of Existing Dog Kennels. The City shall renovate the existing dog kennels located at the Premises to ensure that all kennels are operable and expected that this work shall be done by March 15, 2019. The renovation shall be as described in Exhibit D-3, to the extent practicable and feasible based on site requirements and architectural-or engineering-based considerations. 15.4 Construction of New Dog Kennels. The City shall construct 16 new kennels on the Premises. Construction is expected to be complete by July 30, 2020. The new kennels will be constructed of galvanized steel, will be air-conditioned and heated, and located as close as possible to the existing dog kennels and medical area, to the extent practicable and feasible based on site requirements and architectural-or engineering-based considerations. Interior and exterior runs shall be of material size and quality not inconsistent with the applicable items as set forth on Exhibit D-4, to the extent practicable and feasible based on site requirements, architectural-or engineering-based considerations, and procurement requirements applicable to the City as a public entity. 15.5 Total Cost. The total cost of these improvements above is expected to be approximately $3.4 million, not including staff time, as estimated at the time as of the execution of this Agreement, and shall be fully paid for by the City of Palo Alto. 15.6 Contingencies . The Parties acknowledge that the improvements in this Section are subject to conditions which may alter the scope of the aforementioned improvements and could prevent one, some, or all of them from being constructed . These conditions include, but are not limited to: (a) Permitting and architectural review; (b) Appropriation of sufficient funds, as decided by the City Council; (c) Compliance with all laws, regulations, permits, and conditions, including CEQA; and (d) Changes in the prices for construction and materials. 15.7 Additional Compensation for Renovation Delays. Due to facility inadequacies, that would be remedied by the completion of the renovations outlined in sections 15.1, 15.2, and 15.3, the City will provide additional compensation to Consultant up to five-thousand dollars ($5,000) per month, should the City be unable to substantially complete the renovations in the time periods outlined in sections 15.1, 15.2, and 15.3. The additional compensation must be specifically documented and related to costs Consultant incurs as a result of facility inadequacies that would be remedied by the completion of renovations. 15.8 All work perfonned by the City shall be performed in a workmanlike manner, in compliance with all applicable laws., City shall take reasonable steps to perfonn such work in a manner which results in minimal disruption to Consultant's activities in the Premises. Consultant will take reasonable steps to accommodate City's work. The City shall enforce all applicable third party warranties at the request of Consultant. City shall promptly obtain final certificates of occupancy for all applicable portions of the Premises. 15.9 Renovation Timeline Updates. City shall provide renovation timeline updates to Consultant on a quarterly basis or more frequently upon request. Six months after the commencement of the construction of the improvements detailed in this Agreement, the parties will meet to review whether the renovation timelines stated herein are on track. City shall provide renovation timeline updates to Consultant on a quarterly basis or more frequently upon request. If, in Consultant's reasonable determination, there is excessive delay in any renovation timelines stated herein, and City is not diligently pursuing completion of the improvements detailed in Section 15.1, 15.2, or 15.3, Consultant may terminate this Agreement upon sixty (60) days' written notice to City. Palo Alto Animal Shelter 3281 East Bayshore Rd., Palo Alto, CA Legend From:Carole Hyde To:Council, City; Clerk, City Subject:Several power point slides for Animal Shelter Item #6 Date:Monday, August 14, 2023 11:18:34 AM Attachments:SLIDE FOR CITY COUNCIL ON TNR.pptx Some people who received this message don't often get email from carole@projecthumanekind.org. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Clerk, Could you include this short PowerPoint set in the council members’ packets? Much appreciated. I will also want to show them (perhaps the middle slide particularly) this evening during comments on Item #6. Thank you so much! Carole Carole Hyde President (650) 504-5898 www.projecthumanekind.org HAIINE Presentation Template SUPPORTING TNR August 14, 2023 Carole Hyde, President SUPPORT TNR: IT Works! •Gold Standard in Animal Sheltering •Bay Area: Best municipal practice •Stanford University proves success •Helps residents spay ”backyard” cats CREATE STAKEHOLDER WORKING GROUP ON TNR FOR PALO ALTO www.projecthumanekind.org Thank You! From:kamthyetrading@yahoo.com To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Monday, August 14, 2023 11:11:38 AM [Some people who received this message don't often get email from kamthyetrading@yahoo.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear Council members, I am a resident of Palo Alto. Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is terribly inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. *** We strongly encourage supporting TNR. All cats are checked for a microchip prior to services. TNR keeps the feral cat population down, improves the quality of life for the cats, reduces the spread of feline diseases, and helps the wild birds. Please support TNR. Thank you. Sincerely, Bobbie Chu From:Ashley Lychee To:Council, City Subject:Support for Trap Neuter Return: NO BAN on TNR! Date:Monday, August 14, 2023 10:58:54 AM Some people who received this message don't often get email from ashleylycheeboba@gmail.com. Learn why thisis important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello, My name is Ashley and I have been a member of the Palo Alto community for many years. I am writing to express my support for Trap-Neuter-Return (TNR) and to implore city council to end the deeply harmful ban on TNR. TNR is the only humane and effective approach to community cats. Community cats, also known as feral cats, are unowned cats who live happy and healthy lives outdoors. Community cats are the same species as pet cats. However, since most community cats are not socialized or friendly to people, they cannot be adopted and live indoors. During TNR community cats are humanely trapped, taken to a veterinarian to be spayed or neutered, vaccinated, eartipped for identification, and, after recovery, are returned to their outdoor homes. TNR is a community-based program that will benefit the cats and residents of Palo Alto. TNR stabilizes community cat populations by stopping the breeding cycle. TNR improves cats’ lives and benefits public health by relieving them of the constant stresses of mating and pregnancy and vaccinating them against rabies. TNR stops disruptive mating behaviorslike yowling, spraying, roaming, and fightingso cats and people can coexist peacefully. Lastly, TNR saves taxpayer’s money by reducing shelter intake, shelter euthanasia, and calls of concern to animal control. Hundreds of communities have adopted an official TNR ordinance or policy, and thousands more conduct grassroots, volunteer-led programs. These numbers continue to rise as more communities realize the outdated approach of catching and killing cats is cruel and ineffective. It’s time for the cats and residents of Palo Alto to experience the many benefits of TNR firsthand. Thank you for your consideration, Ashley Chu From:Catherine Valentine To:Council, City Cc:council@losaltosca.gov; citycouncil@losaltoshills.ca.gov Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Monday, August 14, 2023 10:53:34 AM Attachments:CCAP PA-PIN Letter and Attachments-Final.pdf Some people who received this message don't often get email from catherinevalentine@live.com. Learn why thisis important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. CCAP.org Page 1 of 4 TO: Palo Alto City Council RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Palo Alto City Council Members: The Community & Companion Animal Project is writing to request the City of Palo Alto’s Councilmembers and leadership of Pets In Need (“PIN”) work together, along with Councilmembers of both the City of Los Altos and the Town of Los Altos Hills, to permit the implementation of a Trap/Neuter/Release (“TNR”) program for feral cats in the cities of Palo Alto and Los Altos, and the Town of Los Altos Hills. Palo Alto contracts with Pets In Need for the provision of animal shelter services to Palo Alto, Los Altos and Los Altos Hills. The current contract and the proposed new contract terms prohibit PIN from offering traditional Trap-Neuter-Return (“TNR”) services for feral cats in those jurisdictions. The Palo Alto City Council intends to approve the term sheet for the new contract on August 14th. We recommend that the terms of the new contact between PIN and Palo Alto reflect recognized best shelter and humane practices by including a TNR program in which feral cats are spayed/neutered, vaccinated for FVRCP and Rabies, and if not candidates for adoption, returned to their location of origin. Prohibiting TNR results in an exponentially increasing number of unowned cats. Using the UC Davis Koret Shelter Medicine Program’s shelter and outdoor cat population calculator, we estimate the current population of free-roaming cats within the Pets in Need service area of Palo Alto, Los Altos, and Los Altos Hills is approximately 15,527 community/feral cats. See Attachment A. TNR stabilizes and reduces the feral cat population. It improves the lives of cats, addresses community concerns, reduces complaints about cats, and stops the breeding cycle. TNR improves the co-existence between outdoor cats and humans in our shared environment. The efficacy of TNR has been proven to be effective throughout the San Francisco Bay Area communities and across the United States in general. CCAP.org Page 2 of 4 Local examples include: Stanford University Campus - The Stanford Cat Network (now Feline Friends Network) began a TNR program in 1989 with an estimated population of over 1,000 feral cats on campus. The combination of near zero growth, natural attrition and an adoption program for tame strays and kittens young enough for domestication reduced the cat population, to only 4 reported ‘community cats’ on campus as of August 13, 2023 per Kathleen Cregar, the current President of the Feline Friends Network on the Stanford Campus. City of San Francisco - Over the past 30 years, San Francisco’s Golden Gate Park (and the City of San Francisco) has gone from “Hundreds of feral cats in GG Park” to “hardly any cats in Golden Gate Park” and in fact, by 2019, San Francisco had gotten very close to ZERO population growth for feral cats in most areas of the city. City of San Jose – The City of San Jose’s TNR program began as a pilot in March 2010. Four years into the program, researchers observed cat and kitten impounds decreased 29.1%; euthanasia decreased from over 70% of intakes in 2009, to 23% in 2014. Euthanasia in the shelter for Upper Respiratory Disease decreased 99%; dead cat pick up off the streets declined 20%. A steady decrease and leveling off in shelter cat intakes was observed until 2008 when just over 14,000 cats entered the shelters countywide. This 50% drop in cat impoundments from 1990–2008 has been largely attributed to the spay/neuter programs available for both owned and unowned feral cats. San Francisco Bay Trail TNR Project - A population of 175 community cats, as determined by an initial census, living on a 2-mile section of the San Francisco Bay Trail declined by 99.4% over a 16-year period. After the conclusion of the initial count, the presence of cats was monitored as part of the TNR program’s daily feeding regimen. Of the 258 total cats enrolled in the program between 2004 and 2020, only one remained at the end of the program period. These results are consistent with other documented long-term TNR programs. These examples demonstrate the advantages and efficacy of TNR Programs in the immediate area, continue to be cited in research studies today, and are also validated in this 2006 Maddies Fund article on San Francisco Bay Area Community Cat Programs. In the Bay Area, TNR programs are endorsed and supported by the cities of San Jose, Cupertino, Los Gatos, Milpitas, Saratoga, San Francisco, Santa Clara, Mountain View, Campbell, and the counties of San Mateo, Santa Clara, Contra Costa and Marin; only the Palo Alto City Council prohibits their animal services provider from providing TNR. CCAP.org Page 3 of 4 Additionally, the City of Palo Alto is the only member of the Shelters First / WECare Alliance of the six shelters in Santa Clara County that does not offer TNR for community/feral cats despite the Alliance's acknowledgement that the ‘catch and kill’ methodology does not work. If TNR is not available, how does Palo Alto intend to manage an increasing population of feral cats? After 8 weeks of age the majority of feral cats need to be socialized for adoption. The Maddie's Fund training presentation on Socializing Unsocial Kittens states that the optimal time for socializing feral kittens is between 4-8 weeks of age and acknowledges that kittens over two months of age require extensive time for fostering and socialization and some may never become socialized. Trapping and releasing the cats outside their location of origin, would be considered inhumane by most animal welfare organizations. Feral cats have strong territorial instincts and adapt to specific environments. Relocating them to a new area leads to stress, disorientation, and difficulties in adapting to the new environment, preventing them from finding adequate food, water, shelter and protection from predators. The Alley Cat Allies article on “Relocation: A Last Resort” notes that “Even if done with proper protocol, relocation can be ineffective and even dangerous for cats” For similar reasons, release of cats in a location other than their location of origin without proper relocation protocols would be abandonment in that the cat would initially be unable to provide for its basic needs. Abandonment of an animal is prohibited under both California Penal Code § 597s (2021) and Santa Clara County, California - Code of Ordinances TITLE B - REGULATIONS Division B31 - ANIMALS AND FOWL CHAPTER I. - IN GENERAL Sec. B31-8. Does Palo Alto intend to trap and warehouse feral cats in cages until they die? Such a practice would be both inhumane and costly. Or does Palo Alto intend to trap and kill feral cats which are domestic pets that have been either abandoned or lost, or are the unfortunate descendants of such unlucky pets? This approach is also inhumane and would be costly, ineffective, and need to be done repeatedly. And who will do the trapping? Trapping in TNR programs is done by dedicated unpaid volunteers who do this hard work because they are concerned about the welfare of animals and the coexistence of outdoor cats and humans. These volunteers will not trap cats so they can be relocated from their homes, warehoused or killed and it is unlikely Palo Alto will be able to find another source of free labor to do this work. CCAP.org Page 4 of 4 The City of Palo Alto will have to do this difficult, costly work at taxpayer expense and must do it year after year as none of these “alternatives” to TNR address the problems of animal overpopulation and abandonment. Each year unwanted litters will continue to be born as cats continue to escape, become lost, or abandoned. If the Palo Alto City Council is interested in effectively managing feral cat populations in Palo Alto, Los Altos and Los Altos Hills, it should contract with PIN for both TNR services and increased spay/neuter availability so residents of these cities can spay/neuter their pets and feral cats in order to prevent unwanted litters and restrict the growth of free-roaming cats within these jurisdictions. The current number of 60 community spay/neuter appointments is inadequate and needs to be increased 2-3 fold to accommodate the demand for appointments and shorten wait times to a reasonable period of time. TNR is the only cost effective and humane way to manage feral cats. In the Bay Area and across the United States “best shelter practices” for feral cats means supporting TNR. The majority of Veterinary Associations and animal welfare organizations support the use of TNR programs over euthanasia as feral cat colony control methodology. (See Attachment B) In the Bay Area, Palo Alto, Los Altos, and Los Altos Hills are alone in failing to meet this standard of “Shelter Best Practices”. The Palo Alto City Council should correct this failure. Thank you. Sincerely, Catherine Valentine The Companion & Community Animal Project cc: Los Altos City Council Los Altos Hills City Council Human population Annual feline intake Live release %Euthanasia %Indoor only pet cats Indoor/outdoor pet cats Outdoor community cats Cats impounded and released alive Cats impounded and euthanized 108,686 431 98%2%16,303 10,869 15,527 423 8 Palo Alto 68,572.00 Los Altos 31,625.00 Los Altos Hills 8,489.00 Total Population 108,686.00 431 98.10% Outdoor cat population dynamics calculator To use this calculator, you must know the approximate population served by a shelter or group of shelters (e.g. a city, group of cities or county). Data can be obtained from the U.S. census bureau (http://www.census.gov/#). Enter the population served in column A. Enter the intake and outcome data for the shelters serving this population in the highlighted cells in columns B through C. The calculator will populate the remaining columns and generate the pie chart. Sample provided on next tab. References: Pet cat population based on 2011 pet cat population estimate from 2012 AVMA Demographic sourcebook; estimated 40% of pets allowed outside (percentage may be higher in rural areas, lower in urban areas; range of estimates from 23% to 85% of cats allowed outdoors (Johnson, Lewellen et al. 1994; Johnson and Lewellen 1995; Lord 2008; Kass 2013). Unowned cat population based on composite of multiple studies leading to estimate of ~ 1 cat per 7 people in a community (mid-point of range estimated by Loss,et al. 2013, "The impact of free-ranging domestic cats on wildlife of the United States."). Range of estimates from 1 cat per 2.5 people to 1 cat per 12.2 people. To change assumptions of persons/cat, adjust denominator in cell H3. See references on tab 3 for details. Population per US Census - 2020 Decennial Census Pets in Need - City of Palo Alto Asilomar / Maddie's Fund Report 01/01/2021 to 12/31/2021 Cats - Adjusted Total Intake Live Release Rate Source: https://www.sheltermedicine.com/library/resources/?r=shelter-and-outdoor-cat-population-calculator Recent science has given us more information about how many un-owned cats there are in communities. We also know that about 50% of a population needs to be removed (e.g. through admission to a shelter), or 75%-95% sterilized, in order to achieve long term control. Untargeted programs rarely come close to this level. Using this handy calculator, you can determine the percentage of outdoor cats impounded at your local shelter - if the number falls well shy of 50%, check out our "New Paradigms for Shelters and Community Cats" for information on more strategically targeted approaches to feline sheltering. 40% 58% 2%0% Community and shelter cat dynamics Indoor/outdoor pet cats Outdoor community cats Cats impounded and released alive Cats impounded and euthanized UC Davis Cat Population Calculator - Palo Alto - Pets in Need - Attachment A ATTACHMENT B Page 1 of 4 The Association of Shelter Veterinarians Position Statement: Trap-Neuter-Return Free Roaming and Community Cats “The ASV supports and promotes trap-neuter-return (TNR) in the management of free-roaming and community cat populations as part of a comprehensive population control strategy. TNR programs provide an effective alternative to euthanasia of otherwise healthy cats. Such cats should be spayed or neutered, vaccinated, ear-tipped, and permanently identified as such with a tattoo and/or microchip prior to return to their original location. TNR programs should be part of an overall management strategy that includes public education, the promotion of responsible cat ownership to reduce abandonment, as well as affordable and easily accessible spay-neuter and adoption programs.” American Association of Feline Practitioners (AAFP) 2023 Free-Roaming Cat Position Statement “The AAFP supports the humane management of free-roaming cats with the overarching goals of sustained reductions of unowned free-roaming cat populations over time; improved cat health and wellbeing; mitigating negative impacts on the environment, wildlife, public health and neighborhoods; and supporting free-roaming cat caregivers and their human–animal bond. The AAFP supports reducing the number of free-roaming cats through humane capture, sterilization and appropriate homing based on the spectrum of socialization to people and lifestyle that characterizes Felis catus with adoption into homes, where appropriate, and return to the original or appropriate location (eg, barn, community) once sterilized.1 The AAFP supports non-lethal programs for controlling free-roaming population.” American Animal Hospital Association (AAHA) Pet Overpopulation – Position Statement The American Animal Hospital Association is committed to continuing the search for more acceptable means to managing the population of homeless animals. North America’s animal shelters, both public and private, face the difficult decision to euthanize millions of homeless cats and dogs each year. Veterinarians should work with and support shelter medicine programs to improve the health and wellbeing of animals in shelters, reduce relinquishment, promote the adoption of shelter animals, and support spay/neuter and behavior programs. ATTACHMENT B Page 2 of 4 American Veterinary Medical Assn. (AVMA) Free-roaming abandoned and feral cats “AVMA encourages the use of non-lethal strategies as the initial focus for control of free-roaming abandoned and feral cat populations. Public, private, and not-for-profit humane organizations and individuals must make every effort to promote adoption of acceptable unowned cats and implement sterilization programs.” “The AVMA recognizes that managed colonies are controversial. However, properly managed programs can improve quality of life for these cats through better nutrition, vaccination to prevent disease, spaying and neutering to reduce unwanted litters, euthanasia of sick and debilitated cats, and adoption of healthy kittens. The goal of colony management should be continual reduction and eventual elimination of the colony through attrition. Appropriately managed colonies also have the potential to significantly decrease risk to public health, wildlife, and ecosystems. “ National Animal Care & Control Association (NACCA) Animal Control Intake of Free-Roaming Cats “NACA advises officers to take proactive steps to divert intake of “stray cats” while offering services that support the goals of community animal management and protection programs: ● Refer the public to local organizations or other staff/programs within the shelter that focus on trapneuter-return, low-cost spay/neuter clinics, or utilize a return-to-home program within the agency if outside resources are not available or accessible. ● Support ongoing care of community cats with information on best feeding practices, referrals to pet pantries and sources for outdoor cat shelters, etc. to reduce likelihood of future complaints and contribute to the wellbeing of the individual community cats. Feeding bans are not effective strategies for dispersing congregations of cats or mitigating complaints. ● Work with residents to mitigate nuisance complaints, deploying a range of available tools (e.g., humane deterrents) and collaborating with caregivers and local TNR and rescue groups. ATTACHMENT B Page 3 of 4 The Humane Society of the United States Common ground for cats and wildlife “With a mission to protect all animals, the Humane Society of the United States (HSUS) stands on common ground with those who care about both cats and wildlife.” “Robust trap-neuter-return (TNR) programs and related strategies are part of the solution, not the problem and should be more widely practiced with broader support from animal welfare organizations, conservationists, policy makers and individual residents.” Outdoor cats FAQ Humane Euthansia of Feral Cats: “While some people feel sorry for outdoor cats because they view the cats as fending for themselves or feel they will suffer a fate worse than euthanasia, adult community cats are generally healthy and thriving outdoors. Others are annoyed by the cats' behaviors and want them removed without much thought to what happens to the cats. But the majority of people don't feel that community cats should be euthanized. It’s not a solution to overpopulation either. Community cats live at a certain location because it offers food and shelter. When cats are removed, unmanaged cats from surrounding areas may move in to take advantage of the newly available resources. The cycle of reproduction and nuisance behavior begins all over again. Rarely does an animal control agency have the capacity to remove enough cats to impact the population.” Removal of Cats to protect Wildlife: “There are no easy answers to the issue of cat predation on wildlife. However, removing cats only results in a temporary reduction in the cats’ numbers, essentially putting a bandage on the problem and further distance from real solutions. Trap and remove may at first glance seem to be a logical approach to solving cat-wildlife conflict. You might be able to eliminate the population if your target is just a few cats, but trap and remove does not effectively scale up to an entire community—the level you’d need in order to have any impact on threats to wildlife. In order to reduce the population, at least 50% of the cats will need to be removed annually. The cats left behind will tend to have larger litters of kittens, and more of those kittens will survive. The ATTACHMENT B Page 4 of 4 population will quickly return to where it was before cats were removed—and in some cases has been documented to double! Wildlife and cat advocates can help protect wildlife by joining forces in non- controversial collaborative projects such as informing cat owners about keeping owned cats indoors, seeking support and funds for installing cat- proof fences around sensitive natural areas, humanely relocating cat colonies that pose unacceptable risks to wildlife and, of course, continuing community cooperation to improve the efficiency and economy of TNR programs” American Society for the Prevention of Cruelty to Animals® (ASPCA®) Position Statement on Mandatory Spay/Neuter Laws “In particular, the ASPCA supports voluntary, affordable, accessible spay/neuter programs for owned pets, Trap-NeuterReturn (TNR) programs for feral cats and the mandatory sterilization of shelter animals and dogs and cats prior to sale by pet stores.” “The most important step a humane community can take to decrease companion animal overpopulation is to make a safe, effective, voluntary spay/neuter program available and readily accessible to the community, and create programs and incentives targeted to the populations known to be contributing disproportionately to shelter intake and euthanasia.” From:Nicola Macfarlane To:Council, City Subject:Item 6 - Approval of a revised Term Sheet with Pets In Need Date:Monday, August 14, 2023 10:37:17 AM Some people who received this message don't often get email from nicola.mac7140@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Council Members: I understand that the City of Palo Alto is renewing its contract with Pets In Need (PIN). I would like to express my concern about two items in the contract: 1. The greatly reduced volume of spay/neuter surgeries that are being performed since Pets In Need took over the Palo Alto Shelter. Previously large numbers of free roaming cats were spayed/neutered at the city operated shelter but this number has dropped so much that it is barely making a dent in the population. This is especially important because the city of East Palo Alto borders Palo Alto and the environmentally sensitive Baylands. Spay/neuter is the single most effective way to reduce the free roaming cat population. When the City of Palo Alto was running the shelter, residents and volunteers were able to routinely access spay/neuter resources for free roaming cats in the area. That has been significantly reduced in favor of importing more cats and dogs from outside the area. Can we make spay/neuter for free-roaming cats a priority in the contract? 2. Ban of Trap/Neuter/Return (TNR) This will actually result in MORE free roaming cats. The cat population will absolutely skyrocket without volunteers doing TNR and volunteers won’t support trap to kill. We have seen how just one year without TNR availability due to COVID has led to an increased free roaming cat population. Without access to spay/neuter and the ability to return cats who are not adoptable, the cat population will only increase. TNR has been proven to be effective nationwide at reducing the numbers of free roaming cats. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Thank you very much for taking the time to read this. Sincerely, Nicola Macfarlane From:Eilers, Wendy To:Council, City Subject:Please Support TNR Date:Monday, August 14, 2023 10:28:01 AM Some people who received this message don't often get email from weilers@stanfordhealthcare.org. Learn whythis is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Honorable Mayor and Members of the Council: My name is Wendy Eilers. I’m employed at Stanford Health Care and am a caregiver of cats on the Stanford campus. I am part of the program that has reduced a campus feral cat population of 1,000 to a current half dozen cats. You perhaps saw the article in the Daily Post that explained how the Stanford cat project can model an effective approach to feral cats in Palo Alto. Trap/Neuter/Return (TNR) is the only proven, humane way to reduce the population of homeless cats in our communities. It is currently BANNED by the Palo Alto City Council in the City of Palo Alto and sister cities Los Altos and Los Altos Hills! Volunteers who do TNR in every other community in the Bay Area are now forbidden to help homeless cats in these three cities. The result is more breeding cats, more kittens for whom there are no homes, more suffering. You cannot have a policy that is humane and reflective of best animal control practices that does not permit the return-to-colony of feral cats. A ban on return-to-colony means the killing of animals at the shelter. This is what the local Audubon advocates want. They want staff at the shelter to engage in killing healthy animals. Kindly consider removing this prohibition from the animal shelter contract and allow for a discussion that includes your local rescue community in developing a program to address the feral cat issue. Thank you so much. Sincerely, Wendy Eilers From:elenac1128@yahoo.com To:Council, City Subject:Re: Pets in Need Palo Alto Aug 14 meeting Date:Monday, August 14, 2023 9:34:13 AM Some people who received this message don't often get email from elenac1128@yahoo.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear all, I would like to express my Pets In Need's opinions for your Aug 14 meeting: I have wonderful experience with Pets In Need(PIN) in Palo Alto. Last winter in Nov & Dec, I trapped three kittens and their mom in our neighborhood. I took them to PIN right away and they took care of them. They neutered and gave them vaccines with all the necessary cares. And they put two of the kittens for adoption successfully when they are ready for good homes. The employees I dealt with are very nice, helpful and responsive. I volunteered in their "Doggy Day Out" program four times since Nov last year when I found out this program. It's a great opportunity for the volunteers to help out the shelter dogs. I think PIN managed a wonderful program for the shelter dogs that the dogs can exercise and feel the outside world. PIN staff and volunteers are professional, care the animals and try their best for the animals. PIN does so much for our community from offering cheap vaccines to keeping the animals safe when they are taken to PIN facility. I would think our city needs PIN and it's a tough job that not many shelter operators are available nowadays. Thank you Sincerely, Elena Chiu 1570 Bryant St, Palo Alto From:Jenna Skinner To:Council, City Subject:Pets in Need/TNR services Date:Monday, August 14, 2023 9:10:55 AM Some people who received this message don't often get email from onamission2012@yahoo.com. Learn why thisis important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. To whom it may concern, I would like to address the Palo Alto's contract with Pets in Need and the necessity of TNR services for the cities of Palo Alto, Los Altos and Los Altos Hills. TNR is the only humane answer to the hundreds, possibly thousands of free roaming cats in those communities. TNR is endorsed, supported, and funded by the cities of San Jose, Cupertino, Los Gatos, Milpitas, Saratoga, San Francisco, Santa Clara, Mountain View, Campbell, and the counties of San Mateo, Santa Clara, Contra Costa and Marin. It is recognized nationally with organizations like Maddies Fund, Ally Cat Allies and the Humane Society of the United States. The cities represented by this city council are progressive, wealthy and respected cities. The fact that TNR is not practiced here is an embarrassment and a disservice to your community and its animals. If euthanizing all trapped cats is the answer to the problem of feral cats in your purview, say that out loud. I don't think I've seen that language in anything I have read. I can't see any other result when you are not allowed to release them. It's been suggested that the cats are released in other areas. That is a death sentence as well. Is that what happens when feral cats are surrendered in the cities you serve? if not, what is the plan? Where are the cats that are trapped in these areas going? The only sustainable method of population control is Trap Neuter and Return. And there are many studies to support that. You have a fabulous success story right in your backyard. The Stanford Cat Project successfully achieved the goal that all of us that practice TNR and colony management want. The last of the colonies on that campus have passed peacefully and cared for. The Stanford colony mangers kept a close eye on all the cats, made sure any newcomers were TNR'd and humanely cared for them until the colony died of old age. Please renew the contract with PIN and include comprehensive TNR services for the communities you serve. Jenna Skinner Director Gatos de la Noche From:Molly Davey To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Monday, August 14, 2023 8:40:54 AM [Some people who received this message don't often get email from molly.davey12@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Council members, Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Molly Davey From:Nelly O To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Monday, August 14, 2023 7:49:57 AM [Some people who received this message don't often get email from nellyoiknine@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, I am a resident of (Palo Alto/Los Altos/Los Altos Hills.) , . Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Nelly Oiknine From:SHANNON MATTINGLY To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Monday, August 14, 2023 7:38:37 AM [Some people who received this message don't often get email from shannonmattingly@sbcglobal.net. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, I work in Palo Alto, 345 Hamilton Ave. I am also a resident East Palo Alto. Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Shannon Mattingly Sent from Shannon’s new iPhone 14 pro max From:Comcast To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Monday, August 14, 2023 4:42:23 AM [Some people who received this message don't often get email from robbiesue@comcast.net. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, I am a resident of Palo Alto, Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Robyn Heinrich Sent from my iPhone From:Denise Uriarte To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter - in favor of Trap-Neuter-Return for Cat Population Management Programs Date:Sunday, August 13, 2023 8:49:55 PM [Some people who received this message don't often get email from denisebythesea1@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, I am an animal rescuer that has been trapping and altering (spay/neuter domestic pets and Trap-Neuter-Return for community cats) in the Bay Area for the past 25 years. I am also one of the original founders of Feral Freedom- the premier Shelter-Neuter-Release community cat management program model used and enjoyed by ALL Santa Clara County area shelters and WeCare Shelter members (San Jose Animal Care & Services, Silicon Valley Animal Control Authority, County of Santa Clara Animal Shelter, and Humane Society of Silicon Valley). All of our local shelters employ TNR as a best practice in shelter management, as do most progressive shelter do nationwide! All - Except Palo Alto , that is! Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. The WeCare Coalition supports TNR. Maddie’s Fund, a major Grant contributor to our local shelters, doesn’t just support, but they actually REQUIRE an active shelter TNR program in order to qualify for future grant funding! Do NOT allow a Special Interest group, such as the Audubon Society, which has absolutely no experience in the area of community cat population control, try to sway you with scare tactics and misinformation. They tried before with Mountain View and lost, because the committee was able to factually & statistically refute every ONE of their false claims. The bottom line is the Trap-Neuter-Return, which the community performs by trapping the cats for free to bring them in for altering, actually directly addresses the Aududon Society’s #1 goal !! …of having “fewer free-roaming cats!” . Progressive, informed cities support best practices. All major cities thought the USA support TNR! Why is Palo Alto the sole holdout in employing this proven solution. The ONLY solution that actually reduces community cat numbers and kitten intake at shelters? Please support TNR in Palo Alto and sister cities. Pets in Need supports TNR. The city should too! It’s a solid investment in your community and a service your constituents want! 87% of people in a national survey stated they support Trap-Neuter-Return. Only 2% want healthy animals killed. Listen to the majority voice, follow modern best practices in Shelter Care and support TNR. One additional point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is inadequate. When domestic pets get fixed, fewer get “dumped” and fewer end up as ferals. Prevention works! Taxpaying constituents have a right to get their animals altered affordably at a taxpayer supported animal shelter, to prevent (and hopefully finally fix once and for all!) the companion animal over-population crisis in California. Thank you for your time. I hope your vote reflects the wishes of your community. Sincerely, Angela Denise Uriarte From:herb To:Council, City; Clerk, City Subject:August 14, 2023 Council Meeting, Item #6: Animal Shelter and Pets in Need Date:Sunday, August 13, 2023 5:37:48 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. AUGUST 14, 2023 CITY COUNCIL MEETING, AGENDA ITEM #6PROPOSED TERM SHEET WITH PETS IN NEED AND INTERIM PAYMENT I urge you to reject the proposed term sheet, and instead actto terminate the City's relationship with Pets in Need, whilethe City acts to implement new staffing for the City'sresponsibility pursuant to state law to "provide animal controland sheltering services for the purpose of ensuring the safetyof people and animals, providing for the proper care, andsheltering of abandoned or neglected animals, licensingdomestic animals and providing humane disposal of animals whennecessary" for Palo Alto, Los Altos, and Los Altos Hills byeither City staff or an organization whose main purpose is toprovide those services. Pets in Need's main service is to advocate for the no-killmovement by bringing to Palo Alto from other locations inNorthern California pets that nobody wants to adopt in thosecommunities. Pets in Need is not interested in providing the services thestate requires and has demonstrated by its past behavior thatit is not able to adequately provide those state-requiredservices with the quality that was provided by City staff priorto the contract being awarded to Pets in Need. Pets in Need responded to the City's request that led to thecurrent contract because it wanted to use the City's buildingfor the animals it claims it is "rescuing" and because Pets inNeed wants to use the City's name for fundraising purposes tosupport its advocacy of the no-kill movement. When Pets in Need's contract is terminated now, or when itlater terminates if you choose to extend its contract with PaloAlto, then Pets in Need should agree to take with them the"rescued" animals at the shelter and to be bound for a periodof years after Pets in Need leaves to take any adopted"rescued" animals that are returned to the shelter, becausethose "rescued" animals may have a hire rate of return by theirowners due to the fact that nobody wanted to adopt them intheir home communities. From:Allison Fluty To:Council, City Subject:Birder in support of TNR Date:Sunday, August 13, 2023 5:31:41 PM Some people who received this message don't often get email from allisonfluty@yahoo.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. I would like to preface by mentioning that I have been an on-and-off member of the Santa Clara Valley Audubon Society since 2010 and am currently a member, and in 2019/2020 I volunteered in the Wetlands Docent program. I have also been a member and volunteer with SFBBO since 2018 where I have participated in snowy plover and burrowing owl surveys (2018-2019), monitored the egret colony at Google for the colonial waterbird nesting survey (2019-2022), and am a current volunteer at the Coyote Creek Field banding Station (since Jan 2022). I am not writing as a representative or on behalf of either organization mentioned above, and I only mention my involvement to indicate my dedication and belief in the importance of bird conservation. I am writing as a birder, student of ecology, and indoor cat-owner to strongly urge Palo Alto to include TNR as part of the new PIN contract. Robust TNR programs are essential for population control of unowned, outdoor cats and mitigation of harm to native species (and the cats themselves). My love of birds is what first led me to dedicate a significant amount of free time these last two years to practicing TNR in my community. The more I have learned about the ecological damage caused by outdoor cats (owned and unowned), the more I have dedicated myself to actively doing TNR (my personal motto: “I want to make (outdoor) cats a thing of the past!”). TNR has been repeatedly proven to stabilize population growth of feral cat colonies when implemented effectively (Gunther, et al., 2022, Spehar and Wolf, 2019, Kreisler, Cornell, and Levy, 2019, Spehar and Wolf 2017, Centonze and Levy, 2002). Sustained management through TNR can ultimately result in significant population decline to the point of colony extinction (Spehar and Wolf, 2019). Although meaningful population control can be achieved with as little as 55 to 75 percent rate of sterilization (Jones and Downs, 2004, Andersen et al, 2004), trappers in our area will often not settle for less than a 90 to 100% sterilization rate. Because of this, there are many trappers and colony managers in the South Bay who can provide real examples of colonies that have stabilized and ultimately declined in population over time due to the successful implementation of TNR. The resources that would be required by the city to provide TNR services would be minimal compared to the resources volunteers would personally expend to utilize the services. Volunteer trappers and motivated citizens will work tirelessly to trap every cat in a colony if community TNR resources are made available, no matter the number of cats. Volunteers with access to TNR resources will spend days or weeks preparing a colony for trapping, including trap-training cats, identifying feeders to educate and coordinate, and knocking on doors of every house and business in the area to gather information about cats in the area and educate about trapping intentions (leaving flyers with contact information if unable to speak in-person). Volunteers will also spend their own money on traps and equipment including wireless cameras to monitor areas where trapping is taking place. Volunteers often share traps and equipment amongst each other, especially with new volunteers who have just begun to trap. Volunteers will trap late into the evening and wake up in the early hours of the morning before dawn to trap the last cat in a colony. Trappers often keep in touch with the people they help and will respond to future requests for help when new cats show up, which is a key aspect of long-term maintenance (Boone, 2015). When TNR is prohibited, trappers will simply stop trapping cats in those jurisdictions. Trappers will not continue to trap cats, or suddenly start trapping cats, if the only outcome for healthy feral cats is euthanasia. In the absence of TNR, the city would require paid staff to trap entire colonies if the goal is to eliminate community cats from a given area. Less ambitious goals to decrease population size and growth rate would still require significant effort. Population modeling and practical studies have shown that euthanizing less than 50% of a colony population is not effective in decreasing population growth (Andersen et al, 2004, McCarthy et al, 2013), and will require higher efforts by staff depending on colony size and immigration rate (Schmidt et al, 2009). In fact, low-level culling has been shown to increase the number of feral cats in a colony due to immigration compared to colonies where no action is taken (Lazenby, Mooney, and Dickman, 2014). Continued monitoring via surveys or cameras by city staff would be required to address new cats that show up to areas that have been culled. It is worth mentioning that the sanctioning of a TNR program in the jurisdictions served by PIN does not have to be an act of defiance against the local bird conservation efforts. Project Bay Cat is a local example of how Audubon chapters can work together with cities and community cat organizations to create positive outcomes for everyone. The Homeless Cat Network, Foster City, and Sequoia Audubon Society collaborated on Project Bay Cat in 2003, which implemented a very successful TNR program on a section of the Bay Trail that resulted in consistent population decline each year until 2020 when only one cat remained out of a beginning census of 175, and 258 total cats going through the program (Spehar and Wolf, 2020). John Boone, Ph.D, the research coordinator at the Great Basin Bird Observatory, published a 2015 article which discusses how TNR can be effective for the management of cat populations when certain practices are followed (Boone, 2015). The methods he recommends are already well-known and practiced by our local trapping community. Issues with TNR Often, issues that are brought-up regarding TNR such as the attraction of nuisance wildlife to public feeding areas are mistakenly assumed to be sanctioned aspects of TNR programs. In reality, effective TNR programs include education of colony caretakers and seek to eliminate irresponsible practices such as free-feeding. A common complaint by people who live or work in areas with cat colonies is the presence of free-feeding stations. Feeding stations where feeders routinely dump unattended food are irresponsible at best and are not compatible with TNR programs. Leaving food unattended (i.e., filling bowls with food and then leaving) permits cats to come as they please, which results in some cats only appearing when there are no people around, obscuring the true number of cats at a location and allowing the continued breeding of unfixed colony members unknown to colony caretakers. Unattended food also attracts other animals including insect pests such as flies, wasps, and ants, and urban wildlife such as skunks, raccoons, opossums, coyotes, gulls, and crows. Non-native and invasive species including the red fox and Eurasian collared dove are also attracted to and supported by feeding stations. The presence of visible feeding stations suggests to passersby that feeding outdoor cats is ok or even encouraged and exacerbates issues of unregulated feeding by multiple people. Visible feeding stations may also encourage the abandonment of owned cats, as people may use the presence of stations as evidence that “someone” is taking care of the area’s cats (Castillo, D. & Clarke, A.L., 2003). Highly visible feeding stations and feeding stations where food is left unattended should be eliminated and individuals educated and ultimately cited for continued, irresponsible maintenance of feeding stations. The fundamental issue with TNR cited by critics of TNR is the intentional release of trapped cats, a predatory invasive species responsible for the decline and extinction of dozens of native species all over the world. However, allowing owned cats to free-roam outdoors is an issue that directly contributes to the predation of native species. In 2021, a national US survey found that around 33 percent or 26 million of the estimated 79 million owned pet cats have outdoor access (Hurley and Levy, 2002). During my time volunteering with the Wildlife Center of Silicon Valley, I witnessed many birds enter the facility due to injuries sustained after being captured by owned, pet cats. Rather than banning TNR, steps should be taken to enforce more effective policies to decrease the number of owned cats that are allowed to free roam outdoors by citizens of Palo Alto, Los Altos, and Los Altos Hills. These policies should also address situations involving owned, unfixed cats that are allowed to roam outdoors. Access to low-cost spay and neuter services for owned cats will be crucial in the absence of an ability to reduce the number of owned cats allowed to free-roam outdoors. Allison Fluty, M.A. From:Cheryl Berman To:Council, City Subject:Trap/Neuter/Return Date:Sunday, August 13, 2023 5:31:30 PM Some people who received this message don't often get email from drcberman@aol.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. As a 50 year resident of Palo Alto, I am very concerned about the city's ban of Trap/Neuter/Return (TNR). I believe this ban will result in more unowned cats and more dead cats. TNR has proven effective nationwide at reducing the numbers of feral cats. Locally, Stanford University's Cat Network's TNR program brought the feral cat population down from over 1000 to about 12 cats. If TNR is not available in Palo Alto how does Palo Alto intend to manage feral cats, the majority of which are unadoptable after 8 weeks of age? Trapping and releasing cats in areas outside of Palo Alto is considered inhumane by animal welfare organizations and actually illegal in many jurisdictions. Killing the cats or warehousing them in cages until they die are also inhumane and despicable solutions. TNR has proven effective nationwide at reducing the numbers of feral cats. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports and funds TNR. Heck, even in places like Brooklyn, NY, TNR is the policy. The answer is not death, the answer is TNR. How can such an enlightened city as Palo Alto not support TNR?? Cats have a right to live. We have the solution to control the cat population humanely, we know it works because of successful programs like at Stanford. Do the right thing. Please support TNR in Palo Alto and sister cities by contracting with Pets in Need to provide TNR services in our area. Thank you. Cheryl Berman 427 Alma St. #206 Palo Alto 94301 From:Elaine Won To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Sunday, August 13, 2023 4:10:47 PM [Some people who received this message don't often get email from ewon888@yahoo.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Elaine Won From:Beatka Beatka To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Sunday, August 13, 2023 12:39:26 PM Some people who received this message don't often get email from allforbeatka@yahoo.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear City Council members, As a resident of Palo Alto, I write you regarding the City’s renewing its contract with Pets In Need (PIN) for animal sheltering and clinic service. I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just eight years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is more of what your no TNR policy achieves. TNR has proven effective nationwide at reducing the numbers of feral cats. Stanford University had more than 500 cats on campus 34 years ago. Now, there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that number. Residents have a right to have their animals neutered affordably at this taxpayer-supported clinic. Thank you! Sincerely, Beatka Szkop 3191 Mackall Way, Palo Alto, CA 94306 Sent from Yahoo Mail for iPhone From:Amy Brown To:Council, City Subject:Pets in need and TNR. Date:Sunday, August 13, 2023 10:45:07 AM Some people who received this message don't often get email from abrown@hausnerschool.org. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Councilmembers, As a friend of Palo Alto, I write you regarding the City’s renewing its contract with Pets In Need (PIN) for animal sheltering and clinic service. I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just eight years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is more of what your no TNR policy achieves. TNR has proven effective nationwide at reducing the numbers of feral cats. Stanford University had more than 500 cats on campus 34 years ago. Now, there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that number. Residents have a right to have their animals neutered affordably at this taxpayer-supported clinic. Thank you! Sincerely, Amy Brown 4240 Terman drive Palo Alto, Ca. 94306 Amy Brown Transitional Kindergarten Lead Teacher abrown@hausnerschool.org Gideon Hausner Jewish Day School 450 San Antonio Road | Palo Alto, CA 94306 650.494.8200 | hausnerschool.org | Facebook From:Elizabeth Osborn To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Sunday, August 13, 2023 10:05:42 AM Some people who received this message don't often get email from eosborn12@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Council Members, I am writing to you regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. Some personal accounts: In the last few months I have assisted two Palo Alto residents get access to TNR spay/neuter and adoption services for a total of 15 cats that would have otherwise continued to populate outdoors and led to a net increase in the Palo Alto feral cat population: This February I assisted an elderly resident in Barron Park who had come to Pets in Need (PIN) to ask for help with a feral female cat she had started feeding and who continually had litters around her property. As an independent volunteer I dedicated approximately 20 hours of my time to spay/neuter a total of 7 cats at the residence (many of these cats were unknown to the resident, but frequented her outdoor feeding station). Four of these cats were female (one was pregnant at time of spay), which would have led to at least a 100% increase in the population within a matter of 3-4 months and a continued increase thereafter. Had this resident not sought help, had I not dedicated my time, and PIN assisted with spay/neuter appointments this population would have quickly spiraled out of control. The resident has agreed to continue monitoring for new cats and continues to feed the existing outdoor cats. Another resident started feeding a semi-feral cat after continually seeing the cat in her backyard. After a couple weeks 7 kittens started emerging from underneath the shed. A family member of the resident sought help on a local TNR Facebook page. Two volunteers offered many hours over a period of 3 days to trap all 7 kittens and the mother. The kittens were taken into the Pets in Need foster program and the mother was spayed and returned to the property. In both of these cases had the resident had any reason to believe these cats could have been euthanized they would have not intervened, which would have resulted in an unsustainable increase in the cat population in their neighborhoods. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you for your time. Elizabeth From:Nina Wouk To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Saturday, August 12, 2023 11:34:07 PM [Some people who received this message don't often get email from nwouk@ix.netcom.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, Fixing cats works. Trying to kill cats doesn’t. Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Nina Wouk From:Ann Chasson To:Council, City Subject:Letter in support of TNR as performed by Pets In Need Date:Saturday, August 12, 2023 8:36:53 PM Some people who received this message don't often get email from ann@thedancingcat.org. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. August 12, 2023 Dear Councilmembers, As a friend of Palo Alto, I am writing you to support the renewal of your contract with Pets in Need. Palo Alto has been without a city-run shelter of its own for several years, and your contract with Pets in Need has been very successful. In addition, I am urging you to reverse your policy of prohibiting residents of Palo Alto, Los Altos, and Los Altos Hills from having feral cats that were spayed/neutered at Pets in Need released back to their homes. Your ban of Trap/Neuter/Return (TNR) is out of step with all other cities in the South Bay. More importantly, this ban will cause residents to avoid getting outdoor cats fixed, knowing they will instead be euthanized at PIN. This will lead to even more unwanted kittens being born outdoors in these communities. TNR is proven to be effective in reducing the number of free-roaming cats, something that all of us have as a goal. Please support TNR in Palo Alto and sister cities. Sincerely, Ann Chasson Ann Chasson, Co-Founder The Dancing Cat 702 E Julian, San Jose, CA 95112 www.thedancingcat.org 408.459.9644 Find us on Facebook | Instagram | Threads From:Shellythao To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Saturday, August 12, 2023 7:15:26 AM [Some people who received this message don't often get email from shellythao@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, I am a resident of (Palo Alto/Los Altos/Los Altos Hills.) , . Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Shelly Duong Sent from my iPhone. From:sam.pawsibilities@gmail.com To:Council, City Subject:ITEM 6 Date:Saturday, August 12, 2023 6:30:20 AM Attachments:PIN letter supporting Palo Alto TNR.docx.pdf Some people who received this message don't often get email from sam.pawsibilities@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Sent from Yahoo Mail on Android RE:Item 6 -Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Councilmembers, As a friend of Palo Alto,I write you regarding the City’s renewing its contract with Pets In Need (PIN)for animal sheltering and clinic service.I am very concerned that your ban of Trap/Neuter/Return (TNR)will result in MORE unowned cats:One unspayed cat left to breed produces more than 2 million cats in just eight years!That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed,nobody will do this important (and free to the City)work.Result:more feral cats. That is more of what your no TNR policy achieves. TNR has proven effective nationwide at reducing the numbers of feral cats.Stanford University had more than 500 cats on campus 34 years ago.Now,there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area,except Palo Alto,endorses,supports,and funds TNR.“Best municipal practices”means supporting TNR. Feral cats have zero impact on human health.They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities.PIN supports TNR. One more important point:The City Council should mandate more spay/neuter availability at PIN.Sixty appointments per month is pitifully inadequate.Please require double or triple that number.Residents have a right to have their animals neutered affordably at this taxpayer-supported clinic. Thank you! Sincerely, Samantha Carroll From:David Rutan To:Council, City Subject:TNR support Date:Friday, August 11, 2023 12:33:57 PM Some people who received this message don't often get email from david@wizdomonwheels.com. Learn why thisis important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Please consider fully supporting and helping fund TNR services in Palo Alto. ​ ​These programs help reduce the feral and stray populations which directly impact native wildlife -- allowing the populations to grow uncheck (through not supporting TNR) can devastate the Baylands and other areas in the community. ​Releasing cats in the Baylands following a TNR setup does not occur by any of the rescue groups, and if there is an individual doing so it is already prohibited behavior that can be handled on a case by case basis -- releasing typically occurs by putting the cat back in the community it was picked up. ​ The foster and rescue communities are sorely hurting with the influx of kittens and lack of vet services to handle spay/neuters. These lack of services are already causing local population growth in cat colonies. ​Please help keep the cat colonies in check by fully supporting and helping fund TNR practices in Palo Alto. ​ ​- David Rutan From:Carole Hyde To:Council, City Subject:Recent media on TNR Date:Friday, August 11, 2023 12:13:44 PM Attachments:PA-TNR Daily Post July 28 2023.pdf Some people who received this message don't often get email from carolepahs@icloud.com. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear members of the Council, Given the article in today’s Weekly, with heavy emphasis on Pets In Need killing animals and public abhorrence of it, I urge you to support TNR, not ban it. Not many ferals in Palo Alto anyway!! Baylands and Parks ALREADTY protected by your very own city ordinance!! To effectively deal with feral cats, here is recent media highlighting the innovative and successful Stanford experience with cat control. https://nathanwinograd.substack.com/p/mission-accomplished Sincerely, Carole Carole Hyde Formerly at Stanford c (650) 504-5898 carolepahs@icloud.com From:Erin Vitus To:Council, City Subject:Please keep TNR Date:Friday, August 11, 2023 11:59:24 AM [Some people who received this message don't often get email from erinvitus@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Hello, We are very disheartened to hear that TNR is being reconsidered. I don’t understand how or why this program would be discontinued. Do you like finding half-dead kittens in your garbage? I can personally tell you that I do not. Please, I beg you, if you do anything in your stewardship of this city, please continue TNR. How we treat vulnerable animals like this is the litmus test of the level of civility in our society. Confused and concerned, Erin Vitus 12895 Normandy Lane Los Altos Hills (650) 722-1496 From:Stacie To:Council, City Subject:Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Friday, August 11, 2023 9:57:00 AM Some people who received this message don't often get email from staciepiza@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Councilmembers, As a resident of Palo Alto, I am writing to you regarding the City’s renewing its contract with Pets In Need (PIN) for animal sheltering and clinic service. I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just eight years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is more of what your no TNR policy achieves. TNR has proven effective nationwide at reducing the numbers of feral cats. Stanford University had more than 500 cats on campus 34 years ago. Now, there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that number. Residents have a right to have their animals neutered affordably at this taxpayer- supported clinic. Thank you! Sincerely, Stacie Piza From:Krystina Weinacht To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Friday, August 11, 2023 8:14:30 AM [Some people who received this message don't often get email from krystina.weinacht@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Council-members, Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Krystina Crowley From:Jeanette Kennedy To:Council, City Subject:Monday meeting i.e. TNR Date:Friday, August 11, 2023 8:00:13 AM Some people who received this message don't often get email from calalexs@pacbell.net. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. i.e. TNR This plan for feral cats has the best chance of reducing agony on multiple litters of feral cats. It is as humane a solution to the problem Jeanette Kennedy 736 Kendall From:Anne Scott To:Council, City Subject:TNR letter Date:Thursday, August 10, 2023 11:16:59 PM [Some people who received this message don't often get email from awscott77@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Palo Alto City Council, TNR is the only cost effective and humane way to manage feral cats. In the Bay Area it is endorsed, supported, and funded by the cities of San Jose, Cupertino, Los Gatos, Milpitas, Saratoga, San Francisco, Santa Clara, Mountain View, Campbell, and the counties of San Mateo, Santa Clara, Contra Costa and Marin. “Best municipal practices” for feral cats means supporting TNR. Palo Alto is alone in failing to meet this standard. The Palo Alto City Council must correct this failure when it meets on Monday, August 14. Sincerely, Anne Scott Los Altos From:Melanie Otsuji To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Thursday, August 10, 2023 10:08:42 PM [Some people who received this message don't often get email from motsuji@me.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Melanie Lombrana Sent from my iPhone From:Kurt Wiedenhoeft To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Thursday, August 10, 2023 8:40:40 PM Some people who received this message don't often get email from kurtww@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Councilmembers, I am a homeowner and resident of Palo Alto. I own two cats who are indoor only. Outdoor cats are a problem, and Trap/Neuter/Return can help reduce the breeding population of feral cats. I encourage you to revisit this policy and allow PIN to return spayed/neutered cats rather than to put them in a kill shelter. I also encourage you to require that PIN provider more spay/neuter appointments at the clinic. Thank you. Sincerely, Kurt Wiedenhoeft 722 Marion Ave Palo Alto, CA 94303 From:Christina De La Rosa To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Thursday, August 10, 2023 8:18:43 PM [Some people who received this message don't often get email from bayareadietitian@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Christina De La Rosa From:Lauren Briskin To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Thursday, August 10, 2023 7:48:54 PM [Some people who received this message don't often get email from ljbriskin@icloud.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, I am a resident of (Palo Alto/Los Altos/Los Altos Hills.) , . Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Lauren Joy Briskin Sent from my iPad From:Claire Wald To:Council, City Subject:TNR Support Date:Thursday, August 10, 2023 7:12:58 PM Some people who received this message don't often get email from claireko96@hotmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Palo Alto City Council, I urge you to repeal the ban on TNR (Trap, Neuter and Release). It is is the only proven, humane way to reduce the population of homeless cats in our communities. Banning TNR means more breeding cats, more kittens for whom there are no homes, more suffering. It would reduce the burden on shelters, reduce costs of housing feral cats in shelters and prevent suffering of innocent animals. TNR is the only cost effective and humane way to manage feral cats. In the Bay Area it is endorsed, supported, and funded by the cities of San Jose, Cupertino, Los Gatos, Milpitas, Saratoga, San Francisco, Santa Clara, Mountain View, Campbell, and the counties of San Mateo, Santa Clara, Contra Costa and Marin. A concerned resident, Claire Wald From:Nancy Hughes To:Council, City Subject:TNR and PALO ALTO Date:Thursday, August 10, 2023 4:03:59 PM Some people who received this message don't often get email from nancyhughes63@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Palo Alto contracts with Pets In Need for the provision of animal shelter services to Palo Alto, Los Altos and Los Altos Hills. The current contract prohibits PIN from offering TNR services for feral cats in those cities. The Palo Alto City Council is developing the terms it will offer for a new contract with PIN and will decide those terms at a meeting on August 14. The terms offered to PIN should reflect best municipal and humane practices by including a Trap/Neuter/Return (TNR) program in which feral cats are neutered, vaccinated and returned to their home locations. TNR reduces and stabilizes populations of community cats. It improves the lives of cats, addresses community concerns, reduces complaints about cats, and stops the breeding cycle. TNR improves the co-existence between outdoor cats and humans in our shared environment. Prohibiting TNR results in an exponentially increasing number of unowned cats. The North Shore Animal League America estimates one unspayed cat and its offspring can produce 2000 cats in 4 years and over 2 million cats in just 8 years. TNR has been proven to be effective in Palo Alto. In 1989 Stanford University estimated that it had over 1,000 feral cats on campus. A group of volunteers, calling themselves the Stanford Cat Network, started a TNR program that stabilized the University’s cat population to near zero growth. The combination of near zero growth, natural attrition and an adoption program for tame strays and kittens young enough for domestication reduced the cat population to about 12 cats by 2019. The success of the Stanford Cat Network was a catalyst in the adoption of TNR programs by universities, towns, cities, shelters and humane organizations across the country. It is strange that the Palo Alto City Council has prohibited TNR in view of this local success story. If TNR is not available, how does Palo Alto intend to manage feral cats? The majority are unadoptable after 8 weeks of age. Trapping and releasing the cats in a location other than their home is considered inhumane by animal welfare organizations and treated as illegal abandonment in jurisdictions that support TNR. Release of cats trapped in Palo Alto to locations outside of Palo Alto would also be treated as an illegal abandonment by the receiving jurisdiction. Does Palo Alto intend to trap and warehouse feral cats in cages until they die? Such a practice would be both inhumane and costly. Or does Palo Alto intend to trap and kill these cats which are abandoned or lost domestic pets or the descendants of such pets? This approach is also considered inhumane and would be costly, ineffective, and need to be done repeatedly. And who will do the trapping? Trapping in TNR programs is done by dedicated unpaid volunteers who do this hard work because they are concerned about the welfare of animals and the co-existence of outdoor cats and humans. These volunteers will not trap cats so they can be moved from their homes, warehoused or killed. The City of Palo Alto will have to do this difficult, costly work at taxpayer expense and must do it year after year as none of these “alternatives” to TNR address the problems of animal overpopulation and abandonment. Each year unwanted litters will continue to be born and cats will continue to be abandoned or lost. These cats will move into the spaces where cats were previously removed by the City and reproduce. If the Palo Alto City Council is interested in effectively managing feral cat populations in Palo Alto, Los Altos and Los Altos Hills, it should contract with PIN for both TNR services and increased spay/neuter availability so residents of these cities can afford to neuter their pets and prevent unwanted litters. The current number of 60 appointments is not enough and should be tripled or at least doubled. TNR is the only cost effective and humane way to manage feral cats. In the Bay Area it is endorsed, supported, and funded by the cities of San Jose, Cupertino, Los Gatos, Milpitas, Saratoga, San Francisco, Santa Clara, Mountain View, Campbell, and the counties of San Mateo, Santa Clara, Contra Costa and Marin. “Best municipal practices” for feral cats means supporting TNR. Palo Alto is alone in failing to meet this standard. The Palo Alto City Council must correct this failure when it meets on Monday, August 14. Nancy and Harold Hughes Los Altos Hills From:David Rutan To:Council, City Subject:TNR in Palo Alto shelter and Palo Alto in general Date:Thursday, August 10, 2023 12:53:19 PM Some people who received this message don't often get email from david@wizdomonwheels.com. Learn why thisis important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. I'm writing to get more details regarding the proposed contract with Pets in Need and the city relating to the TNR issue. ​ ​Would you mind clarifying things a little? ​ ​From what I understand the issue is whether the shelter in Palo Alto offers discounted services to the TNR teams - such as discounted spay/neuter and vaccination + ear tipping, is this correct? ​TNR that is done in general in the Palo Alto area is not affected, correct? ​ ​One key point that is brought up in arguments is regarding releasing cats in the Baylands - that's long been prohibited behavior and would not be an issue with TNR services. I would suggest disregarding irrelevant talking points such as that one. ​ ​I've been on the Board of the Palo Alto Humane Society for a very long time, so I want to make sure I'm clear on the issues before forming an opinion on the subject. ​ ​If there's any information regarding the TNR subject relating to the shelter, I would greatly appreciate reading it. ​Thank you for your time and consideration! - David Book an Appointment: wizdomonwheels.com/book Download Splashtop SOS: wizdomonwheels.com/sos From:Lisa Schmidt To:Council, City Cc:Charlene Mercadante Subject:Support for allowing TNR to address the overpopulation of feral cats Date:Thursday, August 10, 2023 12:52:46 PM Some people who received this message don't often get email from lschmidt@losaltoshills.ca.gov. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Hello Council members I am a council member for Los Altos Hills and have an interest in this matter because we contract with PA for animal services. Charlene, copied above, raised my awareness of this issue and I want to add my support to her letter copied below. Thank you, Lisa Schmidt Councilmembers, I am a resident of Los Altos Hills and I also founded a small cat rescue in LAH called Pink PawsFor The Cause. We know that TNR is the only tool we have that actually reduces the feral cat population. PHS,Nine Lives Foundation, SVACA, SJACC, HSSV all have TNR programs and support theircommunities. I have seen first hand how colonies of 50+ cats can be reduced to 5 in a matter of years. Theseare animals that did not choose to be feral, they were born to a feral mother and no interventionever happened. That mom was not spayed, her kittens were not fixed and were left to multiply. When efforts are focused on spay and neuter - cat populations reduce. It’s common sense. Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinicservices, I am very concerned that your ban of Trap/Neuter/Return (TNR) will actually resultin MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats injust 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trappingwill be killed, nobody will do this important (and free to the City) work. Result: more feral cats.That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. StanfordUniversity had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen,thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact withthem. TNR actually provides them the medical care they need.. in addition to the spay/neuter,they are given vaccines for FVRCP and Rabies. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability atPIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that.Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Charlene MercadantePink Paws For the Cause26471 Weston Drive,Los Altos Hills, CA 94022 From:Stepheny McGraw To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Thursday, August 10, 2023 12:29:40 PM [Some people who received this message don't often get email from stepheny@earthlink.net. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, I am a resident of (Palo Alto/Los Altos/Los Altos Hills.) , . Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, From:Freeze, Suzanne To:Council, City Subject:Please support TNR Date:Thursday, August 10, 2023 9:58:01 AM Some people who received this message don't often get email from suzanne.freeze@cbnorcal.com. Learn whythis is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Council People, We know that TNR is the only tool that reduces the feral cat population. I am concerned thatremoving the funding for Trap/Neuter/Return (TNR) will increase the unowned cat population. One unspayed cat and its offspring left to breed produces more than 2 million cats in just eightyears. This is unacceptable. The animals did not choose to be feral; they were born to a wild mother or dumped bysomeone. TNR has been proven to be effective nationwide at reducing the number of feral cats.Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half adozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports,and funds TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact withthem. TNR provides them with the medical care they need.. in addition to the spay/neuter, theyare given vaccines for FVRCP and Rabies. Please support TNR in Palo Alto and sister cities. PIN supports TNR. Another critical point: The City Council should mandate more spay/neuter availability at PIN. Sixtyappointments per month are pitifully inadequate. Please require double or triple that. Residentshave a right to get their animals neutered affordably at this taxpayer-supported clinic. Sincerely, Suzanne Freeze-Manning *Wire Fraud is Real*. Before wiring any money, call the intended recipient at a number you know is valid to confirm the instructions. Additionally, please note that the sender does not have authority to bind a party to a real estate contract via written or verbal communication. From:anne annefujimoto.com To:Council, City Subject:Allow trap/neuter and return in Palo Alto Date:Thursday, August 10, 2023 8:29:36 AM Some people who received this message don't often get email from anne@annefujimoto.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Palo Alto City Council, Please allow trap, neuter and return of cats in Palo Alto. Not all feral cats are adoptable and they should be given a chance to live out their lives. Anne Fujimoto Mountain View resident near the border of Palo Alto From:Becky Brewer To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Thursday, August 10, 2023 6:27:25 AM Some people who received this message don't often get email from b.brewha@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Councilmembers, I am a resident of Palo Alto. Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Becky Brewer From:Nynke van den Berg To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 10:12:02 PM [Some people who received this message don't often get email from n.s.vandenberg@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, I am a resident of (Palo Alto/Los Altos/Los Altos Hills.) , . Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Nynke van den Berg From:bonnie troxler To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 10:01:06 PM Some people who received this message don't often get email from bgtn800@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Councilmembers, I am a resident of Palo Alto. Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Bonnie Troxler From:Lenore Delgado To:Council, City Cc:Lenore Delgado Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 8:32:04 PM [Some people who received this message don't often get email from leonor31@sbcglobal.net. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, I am a resident of (Palo Alto/Los Altos/Los Altos Hills.) Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Leonor Delgado From:bbennigson@aol.com To:Council, City Subject:Item 6 -- Trap/Neuter/Return ban Date:Wednesday, August 9, 2023 8:01:08 PM Some people who received this message don't often get email from bbennigson@aol.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Councilmembers, As a resident of Palo Alto, I write you regarding the City’s renewing its contract with Pets In Need (PIN) for animal sheltering and clinic service. I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just eight years! That is what your no-TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is more of what your no-TNR policy achieves. TNR has proven effective nationwide at reducing the numbers of feral cats. Stanford University had more than 500 cats on campus 34 years ago. Now, there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that number. Residents have a right to neuter their animals affordably at this taxpayer- supported clinic. Thank you! Sincerely, Barbara Bennigson From:J.Sides To:Council, City Subject:Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 7:58:22 PM Some people who received this message don't often get email from sidesfamily@yahoo.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Councilmembers, I am a resident of Los Altos, an adopter of several kittens (from shelters), and a backyard bird enthusiast over the course of living here 30+ years. Trap-Neuter-Return (TNR) is an effective, humane and ethical solution to problems caused by stray cats living in our small communities. TNR can help save shelters, pounds and animal control agencies a significant amount of money. For one cat to participate in a TNR program, it is reported half the cost of euthanizing that same cat by some agencies. Various animal welfare organizations in the bay area have TNR programs that are successful and support their communities. In April of last year the Berkeley County city council members reviewed this same issue and voted to approve its TNR program. Debbie Allen, Berkeley Animal Center manager, reported “…it’s a humane option over trapping and bringing feral cats into the shelter that do not do well in the shelter environment. They’re not adoptable pets.” The trap, neuter, and release option allows the shelter to spay and neuter these feral cats, vaccinate them, and then ear chip the animals to readily identify those already sterilized. She concluded “… they can return them back to the community where they used to live and where they know their resources are”. It helps to save the lives of feral cats rather than having them put to sleep. It also allows Berkeley Animal Center to have fewer cats they need to keep. Fewer kittens mean fewer feral cats in the long term. Please allow Pets In Need to adopt and implement a "TNR policy for feral cats in Palo Alto. Local conservationists and bird advocates, of which I consider myself in allignment, may not have the facts about TNR programs and long- term outcomes versus emotional responses. KC Hetterly, Santa Clara Valley Audubon Society, spoke out against the policy and stated that "domestic cat predation is one of top threats for birds". Well, the feral cats (not the domestic cats that have a home regardless of whether the owner chooses to allow them outside) are already out there; implementing an intensive TNR policy will pull some of them back out to their same environments but will reduce breeding and injuries/fighting among these cats, especially if it is accompanied with an adoption program for the seasonal litters of feral kittens. Palo Alto will have a reduced population overall of feral cats as the years progress which is a win-win for the bird enthusiasts as well. Understanding data collected by TNR programs and some of the limited study results could help educate others. Results of one study published in Frontiers in Veterinary Science (26 July 2019) by Boone, et al outlined good rationale for a policy of intensive TNR. The study authors reported the cumulative preventable deaths, particularly of kittens, over 10 years are much lower for higher-intensity sterilization (TNR) than for all other scenarios (including trap & kill). Culling is likely to be ineffective and inefficient in terms of cumulative preventable deaths and population size reduction. “Because of the high reproductive capacity of cats, which can produce many more offspring than are needed to maintain a population their analysis indicates that kitten deaths usually comprise a large majority of overall mortalities that can be influenced by population management actions or inactions. The animal welfare community has often emphasized preventing deaths from lethal management, but based on this studies’ findings mandating the reduction of kitten deaths should be an equally explicit management/policy goal. The best management strategy for accomplishing this is to quickly suppress reproduction with high-intensity sterilization (TNR), leading to reduced population size over time, and then allow these changes to generate compounded benefits into the future. substantially reducing population size. High-intensity TNR programs can be further be improved by reducing abandonment, or by combining return to field for some cats with adoption for others” Thank you for taking the time to consider this important issue. Sincerely, Joan Sides Los Altos Resident From:Brooke Bailey To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 7:03:24 PM Attachments:image.png Some people who received this message don't often get email from brookebailey@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Kittens from feral cats that I fostered through Community Cat Rescue, which is actively trapping (TNR of adult cats) in local communities The pandemic over the past several years has exacerbated the feral cat problem in our community, as vets closed or reduced service for an extended period, and people abandoned adopted animals. Councilmembers, As a resident of Palo Alto, I write to you regarding the City’s renewing its contract with Pets In Need (PIN) for animal sheltering and clinic service. I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just eight years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is more of what your no TNR policy achieves. TNR has proven effective nationwide at reducing the numbers of feral cats. Stanford University had more than 500 cats on campus 34 years ago. Now, there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that number. Residents have a right to have their animals neutered affordably at this taxpayer- supported clinic. Sincerely, Brooke Bailey Thain Way, Barron Park From:magdalena maese To:Council, City Subject:RE: Item 6 - 8/14/23 Date:Wednesday, August 9, 2023 6:47:09 PM Attachments:PIN letter supporting Palo Alto TNR.docx.pdf Some people who received this message don't often get email from magdalena_maese@yahoo.com. Learn why this is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Sent from Yahoo Mail on Android RE:Item 6 -Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Councilmembers, As a resident of Palo Alto,I write you regarding the City’s renewing its contract with Pets In Need (PIN)for animal sheltering and clinic service.I am very concerned that your ban of Trap/Neuter/Return (TNR)will result in MORE unowned cats:One unspayed cat left to breed produces more than 2 million cats in just eight years!That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed,nobody will do this important (and free to the City)work.Result:more feral cats. That is more of what your no TNR policy achieves. TNR has proven effective nationwide at reducing the numbers of feral cats.Stanford University had more than 500 cats on campus 34 years ago.Now,there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area,except Palo Alto,endorses,supports,and funds TNR.“Best municipal practices”means supporting TNR. Feral cats have zero impact on human health.They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities.PIN supports TNR. One more important point:The City Council should mandate more spay/neuter availability at PIN.Sixty appointments per month is pitifully inadequate.Please require double or triple that number.Residents have a right to have their animals neutered affordably at this taxpayer-supported clinic. Thank you! Sincerely, Maggie Maese Nine Lives Foundation Volunteer RN From:magdalena maese To:Council, City Cc:Magdalena Subject:8/14/23 Date:Wednesday, August 9, 2023 6:42:14 PM Attachments:PIN letter supporting Palo Alto TNR.docx.pdf Some people who received this message don't often get email from magdalena_maese@yahoo.com. Learn whythis is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. I, Maggie Maese, am submitting in support of a TNR Program . Sincerely, Maggie Maese Sent from Yahoo Mail on Android RE:Item 6 -Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Councilmembers, As a resident of Palo Alto,I write you regarding the City’s renewing its contract with Pets In Need (PIN)for animal sheltering and clinic service.I am very concerned that your ban of Trap/Neuter/Return (TNR)will result in MORE unowned cats:One unspayed cat left to breed produces more than 2 million cats in just eight years!That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed,nobody will do this important (and free to the City)work.Result:more feral cats. That is more of what your no TNR policy achieves. TNR has proven effective nationwide at reducing the numbers of feral cats.Stanford University had more than 500 cats on campus 34 years ago.Now,there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area,except Palo Alto,endorses,supports,and funds TNR.“Best municipal practices”means supporting TNR. Feral cats have zero impact on human health.They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities.PIN supports TNR. One more important point:The City Council should mandate more spay/neuter availability at PIN.Sixty appointments per month is pitifully inadequate.Please require double or triple that number.Residents have a right to have their animals neutered affordably at this taxpayer-supported clinic. Thank you! Sincerely, Maggie Maese Nine Lives Foundation Volunteer RN From:leslie farrell To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 6:37:18 PM [Some people who received this message don't often get email from lesfarrell22@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear City Council Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. It is important we all work together. I kindly ask you to change a policy that is creating more harm than good. You can do this, and feel good about it!! Thank you. Sincerely, Leslie Farrell Sent from my iPhone From:Yuk Wen Wong To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 4:51:50 PM Some people who received this message don't often get email from yodaling@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Councilmembers, Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Yuk Wen Wong Sent from my phone From:Jennifer Zhou To:Council, City Subject:Support for Pets in Need TNR program Date:Wednesday, August 9, 2023 4:47:05 PM [Some people who received this message don't often get email from happygrape2@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Hi, Here's my letter that I would like read aloud at the town hall if possible. Thank you for your consideration! I would like to remain anonymous or omit my last name if my first name must be used. ---- Imagine that you're a little kid, lost outdoors in the cold. You don't know where your parents are. Maybe they abandoned you. You're shivering, hungry, and scared. Finally, some nice people find you. They wrap you up in a blanket and take you indoors. You think you're finally safe, maybe you'll even find a family to love and a home. The people don't tell you this, but you only have five days left to live. Ten, if you're lucky. You could count the days on your hands before you will be euthanized, not because you did anything wrong, but because the shelter didn't have enough space. This is the reality facing the animals at our animal shelters. Some are mama cats who just gave birth to tiny infant kittens. Others are friendly cats who were dumped and let down by their owners. There are cats who are injured, who could recover with TLC, but are put down because of lack of vet resources. All the animals are all innocent and they deserve a chance. We desperately need a low-cost spay/neuter program to prevent any more suffering. This will fix the problem at the root and prevent the need for more euthanizations, paying off over the long run. Trap-neuter-return (TNR) is proven to work. Otherwise, more stray cats will just move into the same space, costing the city more time and money. Please imagine yourself in the shoes of a helpless animal. Treat them the way you would want to be treated. ---- Thanks From:Laura Adams To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 4:27:42 PM [Some people who received this message don't often get email from laura5501@att.net. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Laura Adams Sent from my IPhone From:Richard Reitman To:Council, City Subject:Re: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 4:16:09 PM Some people who received this message don't often get email from mitrabbit@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. On Wed, Aug 9, 2023 at 4:14 PM Richard Reitman <mitrabbit@gmail.com> wrote: Councilmembers, I am a resident of Palo Alto. Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Diane Levine, 4250 El Camino Real B417, Palo Alto, ca 94306 From:Richard Reitman To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 4:14:36 PM Some people who received this message don't often get email from mitrabbit@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Councilmembers, I am a resident of Palo Alto. Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Diane Levine, 4250 El Camino Real B417, Palo Alto, ca 94306 From:Jennifer Summit To:Council, City Subject:please support TNR Date:Wednesday, August 9, 2023 4:13:46 PM Some people who received this message don't often get email from jsummit@sfsu.edu. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dear Council Members: Please reinstate TNR (Trap, Neuter, and Release) in Palo Alto: it’s the only humane, effective way to reduce our feral cat population for good. As a volunteer to support homeless cats, I’m heartbroken by the scope of the problem in our community: without TNR, the problem will only get worse. Thanks, Jennifer Summit 2131 Harvard Street Palo Alto CA 94306 From:Charlene Mercadante To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 3:59:03 PM Some people who received this message don't often get email from charlenemercadante@gmail.com. Learn whythis is important CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Councilmembers, I am a resident of Los Altos Hills and I also founded a small cat rescue in LAH called Pink Paws For The Cause. We know that TNR is the only tool we have that actually reduces the feral cat population. PHS, Nine Lives Foundation, SVACA, SJACC, HSSV all have TNR programs and support their communities. I have seen first hand how colonies of 50+ cats can be reduced to 5 in a matter of years. These are animals that did not choose to be feral, they were born to a feral mother and no intervention ever happened. That mom was not spayed, her kittens were not fixed and were left to multiply. When efforts are focused on spay and neuter - cat populations reduce. It’s common sense. Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will actually result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. TNR actually provides them the medical care they need.. in addition to the spay/neuter, they are given vaccines for FVRCP and Rabies. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Charlene Mercadante Pink Paws For the Cause 26471 Weston Drive, Los Altos Hills, CA 94022 From:Geri Spieler To:Council, City Subject:Support TNR Date:Wednesday, August 9, 2023 3:33:16 PM Some people who received this message don't often get email from gspieler@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Dealer Council People I'm really surprised Palo Alto does not support Trap, Neuter and Return activity for homeless cats. It has been proven over and over again as an effective way to reduce the feral cat population. It's humane and doesn't cost the city anything. Please reconsider. Geri Spieler www.gerispieler.com Housewife Assassin: The Woman Who Tried to Kill President Ford (Diversion Books) won an awards for Nonfiction True Crime from BookFest, Five Stars from Reader's Favorite, winner from Firebard, San Francisco Book Festival, and best current American History the International Book Awards. See my blogs at Huffington Post Regina of Warsaw. Truthdig Medium From:Eric Whitson To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 3:08:15 PM Some people who received this message don't often get email from ericwhitson@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Councilmembers, I am a resident of Palo Alto. Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Eric Whitson From:Ida W To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 2:35:13 PM [Some people who received this message don't often get email from idawb77@yahoo.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, I am a resident of (Palo Alto/Los Altos/Los Altos Hills.) , . Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Ida Walworth Sent from my iPhone From:Jeff DeLisio To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 2:13:56 PM [Some people who received this message don't often get email from jeffdelisio@yahoo.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, I am a resident of (Palo Alto/Los Altos/Los Altos Hills.) , . Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, From:Susan Evoy To:Council, City Subject:August 14 Meeting - Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 2:01:29 PM Some people who received this message don't often get email from susanevoys@yahoo.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Councilmembers, Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting Trap/Neuter/Return (TNR). Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of TNR will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Susan Evoy 1539 Lilac Lane Mountain View, CA 94043 From:Susan Barkan To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 1:49:40 PM Some people who received this message don't often get email from sabarkan@me.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Councilmembers, From me: I am a resident of Mountain View who belongs to two groups who care for community cats, that is, former pets who have been dumped by their owners. These cats are accustomed to being fed and cannot survive on their own. We trap, neuter, vaccinate, and release the cats in our care so they can live peacefully in their colonies. From cacap.org: Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Susan Barkan From:Amanda Jo Fisk To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 1:21:41 PM [Some people who received this message don't often get email from amandajofisk@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Please help stop the cycle of suffering by supporting spay and neuter for all cats. Thank you. Sincerely, Amanda Jo Fisk Amandas Cat Rescue 501c3 non profit Sent from my iPhone 408-460-3038 From:Susan C To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 1:09:53 PM Some people who received this message don't often get email from teachinator@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Councilmembers, I am a resident of Palo Alto. Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. Personal comment added to this form letter: without support for TNR, the result will be a far greater feral cat population. The only alternative would be mass killing of the existing feral cats, which will not be publicly supported. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, almost everyone who is currently doing this important (and free to the City) work will stop. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, From:maliha zaidi To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 1:09:11 PM [Some people who received this message don't often get email from maliha_786@hotmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, I am a resident of Palo Alto. Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Maliha Syed From:Michael Lieu To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 1:07:53 PM [Some people who received this message don't often get email from mdlieu@icloud.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you Michael Lieu From:Angelina Ambrosio To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 1:05:59 PM [Some people who received this message don't often get email from beanbody28@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Angelina From:Puppy Piggie To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 1:05:53 PM [Some people who received this message don't often get email from puppydoggy1012@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Bella Lieu From:Tania Ruiz To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 12:47:52 PM [Some people who received this message don't often get email from myoat7@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Tania Ruiz From:Tania R To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Wednesday, August 9, 2023 12:47:03 PM [Some people who received this message don't often get email from myoat650@yahoo.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has been proven to be effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, Tania Ruiz From:Dinah Hayse To:Council, City Subject:RE: Item 6 - Approval of a revised Term Sheet with Pets In Need for Operations of the Palo Alto Animal Shelter Date:Tuesday, August 8, 2023 7:04:08 PM [Some people who received this message don't often get email from dinah.hayse@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Councilmembers, I am a resident of (Palo Alto/Los Altos/Los Altos Hills.) If you do not reside in one of these towns, omit this line. Regarding the City renewing its contract with Pets In Need (PIN) for animal sheltering and clinic services, I am very concerned that your ban of Trap/Neuter/Return (TNR) will result in MORE unowned cats: One unspayed cat left to breed produces more than 2 million cats in just 8 years! That is what your no TNR policy achieves. If residents are told at the PIN clinic that the feral cat they have gone to the trouble of trapping will be killed, nobody will do this important (and free to the City) work. Result: more feral cats. That is what your no TNR policy achieves. TNR has proven effective nationwide at reducing the numbers of feral cats. Stanford University had over 500 cats on campus 34 years ago. Now there are fewer than half a dozen, thanks to TNR. Every jurisdiction in the Bay Area, except Palo Alto, endorses, supports, and funds TNR. “Best municipal practices” means supporting TNR. Feral cats have zero impact on human health. They are terrified of people and avoid contact with them. Please support TNR in Palo Alto and sister cities. PIN supports TNR. One more important point: The City Council should mandate more spay/neuter availability at PIN. Sixty appointments per month is pitifully inadequate. Please require double or triple that. Residents have a right to get their animals neutered affordably at this taxpayer supported clinic. Thank you. Sincerely, AUGUST 14, 2023 www.cityofpaloalto.org PETS IN NEEDREVISED TERM SHEET 2023-2027 2 STAFF RECOMMENDATION Staff recommends the Council approve: 1.a proposed Term Sheet with Pets in Need for operations of the Palo Alto Animal Shelter and direct staff to return to Council for approval of an Agreement reflecting these terms, and 2.an interim payment to Pets in Need in the amount of $55,535 per month beginning June 2023 and each month until a new Agreement is executed and authorize the City Manager to execute any contract amendment necessary. 3 PREVIOUS COUNCIL ACTIONS AND DISCUSSIONS February 2022 •Council passed a motion to continue negotiating a new Agreement with Pets in Need March 2023 •Study Session to review draft term sheet •Included a high-level estimate of the in-house model for comparison June 2023 •Council directed staff to negotiate an agreement with PIN and bring back to Council in August with the following: •No TNR changes •Review number of surgeries •Higher revenue opportunities •Consider 3-year contract •Level of service and termination clause •Reporting and oversight •Spayed and neutered metrics KEY TERMS OF NEW AGREEMENT (2023-2027) 4 Agreement term and levels of service: •Five-year term with option to extend five years •Shelter open to public 7 days per week / 40 hours per week •Wait time for spay/neuter surgeries no longer than one month •Vaccination clinics once per week Compensation: •Annual compensation of $1.4M for Year 1 with annual increase •$20k contingency for unforeseen costs •Interim compensation of $55k/month beginning June 2023 until a new Agreement is executed *New or revised terms are in italics KEY TERMS OF NEW AGREEMENT (2023-2027) 5 Capital improvements: •City to allocate $2.5M in FY2024 for capital improvements ($1.5M increase) •If costs exceed $2.5M City and PIN will renegotiate •PIN can fund additional improvements with City review/approval •Prioritized list of capital projects *New or revised terms are in italics KEY TERMS OF NEW AGREEMENT (2023-2027) 6 Reporting requirements: •Continue monthly reports with minor modifications •Submit quarterly financial reports Policies and procedures: •Continues current practice of not releasing feral cats, and both parties will work together to develop a transparent and human feral cat program. •Note: “…or cause them to be released.” was removed. •Animal welfare policies •Corrective Action Plan in lieu of penalties *New or revised terms are in italics 7 FY24 PROPOSED BUDGET AMENDMENTS Adds $0.5M to Adopted Operating budget Adds $1.5M to Animal Shelter Renovation CIP (PE-19002) in Adopted Capital Budget Additional budget needs include: •$170k in additional funding depending on outcome •$20k contingency fund •Interim compensation of $55k per month until Agreement with PIN is executed, if approved by Council 8 STAFF RECOMMENDATION Staff recommends the Council approve: 1.a proposed Term Sheet with Pets in Need for operations of the Palo Alto Animal Shelter and direct staff to return to Council for approval of an Agreement reflecting these terms, and 2.an interim payment to Pets in Need in the amount of $55,535 per month beginning June 2023 and each month until a new Agreement is executed and authorize the City Manager to execute any contract amendment necessary.