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Agenda Item
ASR
Control 21-000628 |
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MEETING DATE: |
08/10/21 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
3, 4, 5 |
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SUBMITTING
Agency/Department: |
OC Waste & Recycling (Approved) |
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Department contact
person(s): |
Tom Koutroulis (714) 834-4122 |
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Hany Ahmed (949) 728-3042 |
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Subject: Renewal of Contract for Bird
Abatement Services
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
$210,000 |
Annual Cost:
FY 2022-23 $70,000 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 09/11/2018
#24 |
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RECOMMENDED ACTION(S):
Authorize the County Procurement Officer or authorized Deputy to execute Amendment Number One to renew Contract with Adam's Falconry Service, LLC, Airstrike Bird Control, Inc. and Avian Entertainment, LLC to provide bird abatement services at the Orange County landfills, effective September 20, 2021, through September 19, 2022, in an aggregate amount not to exceed $280,000 with unused funds to be carried over from year to year, not to exceed the revised cumulative Contract total amount not to exceed $1,120,000, renewable for one additional one-year term.
SUMMARY:
Authorizing the County Procurement Officer or authorized Deputy to execute renewal of the Contract with Adam's Falconry Service, LLC, Airstrike Bird Control, Inc. and Avian Entertainment, LLC to provide master-level bird abatement services at Orange County landfills will support continued landfill operations and compliance with state and federal regulatory requirements.
BACKGROUND INFORMATION:
Title 27 of the California Code of Regulations requires that a landfill operator take adequate steps to minimize the presence of foraging birds at the landfill. Foraging birds are a work safety hazard, may pose health risks and are a nuisance to neighboring communities.
Since the implementation of the falconry program in FY 2013-14, OC Waste & Recycling (OCWR) has seen a reduction in the number of gulls and a change in their behavior patterns. Across three active landfills, the average daily number of gulls has decreased by nearly 90 percent from October 2013. Various environmental factors contribute to their continued presence; however, it is important to note that gulls visiting the landfills no longer linger or actively land in the trash, but rather circle and leave the site after interaction with the falcons and falconers. The bird abatement program has been so effective that only scout gulls are now spotted and not the full flock. The scouts are deterred by the falcons and leave the sites. To sustain the changes in the gull population and gull behavior, OCWR is recommending the continuation of this program. In July 2016, OCWR tested a temporary suspension of the falconry program for one month at Prima landfill and found that the gulls returned, averaging up to 50 gulls per day. This trial demonstrated the continued need for the falconry program on an ongoing basis.
Approval of Amendment Number One to renew Contract MA-299-19010028 (Contract) with Adam's Falconry Service, LLC, (Adam's Falconry Service), Airstrike Bird Control, Inc. (Airstrike Bird Control) and Avian Entertainment, LLC (Avian Entertainment) for licensed master-level falconers' services will continue bird abatement services at the County's solid waste landfills, discouraging the presence of foraging birds at the three active landfill sites. Services will be performed in accordance with the U.S. Fish and Wildlife Services and California Department of Fish and Wildlife regulatory requirements as well as all other applicable regulatory agencies.
On May 4, 2018, OCWR issued a Request for Proposals (RFP) for bird abatement services for North, Central and South Region Landfills. On September 11, 2018, the Board of Supervisors authorized the County Purchasing Agent or authorized Deputy to execute Contract MA-299-19010028 with Adam’s Falconry Service, Airstrike Bird Control and Avian Entertainment to provide bird abatement services for the three active Orange County landfills for a three-year term, effective September 20, 2018, through September 19, 2021, in an aggregate amount not to exceed $840,000, renewable for two additional one-year terms with an aggregate amount not to exceed $280,000 per term. Each Contractor has been assigned to a specific landfill based upon their experience and their ability to provide the required resources for that landfill site. The aggregate Contract amount is apportioned amongst the three Contractors for services at their respective landfill site.
OCWR is requesting authorization to execute Amendment Number One for the renewal of Contract with Adam's Falconry Service, Airstrike Bird Control and Avian Entertainment for a one-year term, effective September 20, 2021, through September 19, 2022, in an aggregate amount not to exceed $280,000, for a revised cumulative contract total amount not to exceed $1.12 million, with the option to renew the Contract for one additional one-year term in an amount not to exceed $280,000.
The Contractors’ performances have been confirmed as at least satisfactory. OCWR has identified no concern that need to be addressed with respect to Contractors’ ownerships/names, litigation status or conflicts with County interests.
This Contract does not currently include subcontractors or pass through to other providers. See Attachment G for Contract Summary Form.
Compliance with CEQA: The proposed action is a necessarily included element of the projects considered in Final Environmental Impact Report (EIR) No. 588 for the continued operation and expansion of the Olinda Alpha Landfill, certified by the Board of Supervisors on April 17, 2007; Final EIR No. 604 for the continued operation and expansion of the Frank R. Bowerman Landfill, certified by the Board of Supervisors on August 15, 2006; and Final EIR No. 575 for the continued operation and expansion of the Prima Deshecha Landfill, certified by the Board of Supervisors on November 6, 2001, which adequately addressed the effects of the proposed project. No substantial changes have been made in the projects considered in Final EIR No. 588, Final EIR No. 604 and Final EIR No. 575, no substantial changes have occurred in the circumstances under which the projects are being undertaken and no new information of substantial importance to the projects which was not known or could not have been known when Final EIR No. 588, Final EIR No. 604 and Final EIR No. 575 were certified and the Mitigation Monitoring and Reporting Program was adopted has become known; therefore no further environmental review is required.
FINANCIAL IMPACT:
Appropriations for this Contract are included in the FY 2021-22 Budget for OC Waste & Recycling Enterprise Fund, Fund 299, and will be included in the budgeting process for future years.
The Contract includes a provision stating the contract is subject to, and contingent upon, applicable budgetary appropriations being approved by the Board of Supervisors for each fiscal year during the term of this Contract. If such appropriations are not approved, this Contract may be immediately terminated without penalty to the County.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Redline Contract MA-299-19010028 - Adam's
Falconry Service, LLC
Attachment B - Redline Contract MA-299-19010028 - Airstrike Bird Control, Inc.
Attachment C - Redline Contract MA-299-19010028 - Avian Entertainment, LLC
Attachment D - Amendment Number One MA-299-19010028 - Adam's Falconry Service,
LLC
Attachment E - Amendment Number One MA-299-19010028 - Airstrike Bird Control,
Inc.
Attachment F - Amendment Number One MA-299-19010028 - Avian Entertainment, LLC
Attachment G - Contract Summary Form
Attachment H - Title 27 of the California Code of Regulations