Title
Relocation of Owl and Nest Contents - EXC 22-046 (Ordinance S-48195)
Description
Request to authorize the City Manager, or his designee, to enter into a contract with Wild at Heart Inc. to provide services for relocation of owl and nest contents for the Office of Environmental Programs. Further request to authorize the City Controller to disburse all funds related to this item. The aggregate contract value will not exceed $500,000.
Report
Summary
This contract is necessary for relocation of burrowing owls. Western burrowing owls are protected under the federal Migratory Bird Treaty Act (MBTA). The MBTA prohibits harm to or take of protected species, including individuals, eggs, active nests, or parts. To avoid harm of burrowing owls as a result of City projects, the City has a permit from the U.S. Fish and Wildlife Service (USFWS) that allows us to hire a pre-approved wildlife rehabilitator to relocate burrowing owls and any nest contents so the project can move forward.
Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as a result of an approved determination memo which stated that under the terms of the City's permit (Permit MB93891A-0), the City is required to use Wild at Heart Inc. (a not-for-profit wildlife rehabilitator permitted by the USFWS) to relocate western burrowing owls that otherwise would be impacted by project activities. Due to the nature of the permit, there is no other vendor that can replace or substitute for the not-for-profit wildlife rehabilitator.
The Assistant Finance Director recommends that the contract with Wild at Heart Inc. be accepted.
Contract Term
The five-year contract term will begin on or about Dec. 15, 2021.
Financial Impact
The aggregate contract value will not exceed $500,000 (including applicable taxes) with an estimated annual expenditure of $100,000. Actual annual expenses will vary depending on the number of projects with the protected species identified.
Funding will be provided on a case-by-case basis by the City department or project that requires the species relocation.
Department
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Office of Environmental Programs.