Title
Relocation of Protected Birds and Active Nests including Burrowing Owls Contract - RFA-26-0391 - Request for Award (Ordinance S-53266) - Citywide
Description
Request to authorize the City Manager, or the City Manager's designee, to enter into contracts with Wild at Heart, Inc. and Liberty Wildlife, LLC to provide Relocation of Protected Birds and Active Nests including Burrowing Owls for the Office of Environmental Programs. Further request to authorize the City Controller to disburse all funds related to this item. The total value of the contract will not exceed $250,000. Request to apportion the total combined value among the contract awardees based on the City's needs and resources at the discretion of the City Manager or the City Manager's designee.
Report
Summary
These contracts will provide protection to over 1,000 species of birds, including the western burrowing owl, which are protected under the Migratory Bird Treaty Act (MBTA). The MBTA prohibits the take or harm of protected species, including individuals, eggs, active nests or parts. To avoid take or harm of protected species from citywide projects, the City holds Permit No. MB93891A from the U.S. Fish and Wildlife Service (USFWS). This permit allows specific pre-approved wildlife rehabilitators to relocate burrowing owls, nest contents and active nests under the MBTA-protected species so project and maintenance activities can proceed.
Under the terms of the City's permit, Wild at Heart. Inc. and Liberty Wildlife, LLC are the authorized sub-permittees for the activities related to western burrowing owls. Before the work commences, any City project or maintenance activity that will impact burrowing owls or their active nests must comply with the most recent version of the City's MBTA permit.
Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived as a result of an approved Determination Memo citing Special Circumstances Without Competition. The USFWS has authorized Wild at Heart, Inc. and Liberty Wildlife, LLC as the only wildlife rehabilitators to perform burrowing owl relocations under the terms of the City's permit.
Contract Term
The contract will begin on or about December 16, 2026, for a five-year term.
Financial Impact
The aggregate value of the contracts will not exceed $250,000 for the five-year term.
Funding is available in various departments' operating budgets.
Department
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Office of Environmental Programs.