Placement: Consent Agenda
Action Requested: Motion / Vote
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Approve Amendment #7 to Renew Contract #20190076 for Mowing of Drainage Rights of Way, Greenbelts, Ponds & McCarty Ranch WQR Area 1.
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Submitted By: Max Previlon, CPPB - Procurement Contracting Officer III, PMD.
Strategic Plan Link: The City's Goal of safe, clean, and beautiful.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Max Previlon, CPPB, Procurement Contracting Officer, PMD.
2. Parties: City of Port St. Lucie and Nature’s Keeper, Inc.
3. Purpose: To provide canal, pond, and ditch maintenance services throughout the City & McCarty Ranch WQR Areas
4. New/Renewal/Modified: Renewal.
5. Duration: January 1, 2026, through January 1, 2029 (3-year period).
6. Benefits to Port St. Lucie: A mowing contract is necessary as it helps to keep the City’s drainage rights of- way, greenbelts & ponds aesthetically pleasing.
7. Cost to Port St. Lucie (Annual and Potential): The requested annual increase is $870,013.00.
Presentation Information: N/A.
Staff Recommendation: Move that the Council approve Amendment #7 to Contract #20190076. To the extent necessary, staff requests that Council also waive formal re-bidding for the service under the Contract, per City Code of Ordinances, Section 35.08(c) (good cause shown).
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve Amendment #7 to Contract #20190076.
2. Move that the Council not approve the Amendment and provide staff with direction.
Background: The Public Works Department requests renewal of Contract #20190076 with Nature’s Keeper, Inc., for an additional three-year term. The original Contract, approved by City Council on November 25, 2019, authorized Nature’s Keeper, Inc. to provide mowing services for drainage rights-of-way, greenbelts, ponds, and the McCarty Ranch WQR Area 1 at an annual amount of $655,437.00. Following six previous amendments, the current amended contract amount has increased to $713,861.10 annually. During this service Contract, several thousand “vacant” properties were cleared for new dwellings of which many were utilized as access points to service numerous canals citywide. Over time, the accessibility of these canals has been depleted to the point that necessitated a pivot from traditional service equipment to specialized appendages. This application is rigid, and the proposed equipment, although rigorously tested, is a new endeavor for the vendor that will assume all associated risks.
Extending the Contract for an additional three years will allow the City to evaluate the effectiveness of this significant operational shift and determine whether long-term management of this program should transition to internal City staff. Such a transition would require expanded operational capacity, which the new Public Works campus is expected to support. The three-year term will also allow the vendor to amortize an estimated one-time capital investment of approximately $350,000 needed to acquire the specialized equipment required for this work.
A summary of the previous amendments under the Contract are as follows:
Amendment #1 was to add additional services (Area #2) for McCarty Ranch WQR. This amendment added $11,136.00 to the contract revising the annual cost to $666,573.00.
Amendment #2 was to add additional services (Area #3) for McCarty Ranch WQR. This amendment added $3,799.00 to the contract revising the annual cost to $670,372.00.
Amendment #3 was to add a 4.5% price increase to the contract in the amount of $30,166.74 revising the annual cost to $700,538.74.
Amendment #4 was issued to add services for O.L. Peacock Sr. Park DROW Mowing (7.5 ac) and increased the total contract amount by $2,092.50, revising the annual contract value to $702,631.24.
Amendment #5 was issued to add services for McCarty Ranch WQR Area #4 and increased the total contract amount by $4,440.42, revising the annual contract value to $707,071.66.
Amendment #6 was issued to add services for McCarty Ranch WQR Area #5 and increased the total contract amount by $6,789.44, revising the annual contract value to $713,861.10.
Issues/Analysis: When the Contract expired on January 1, 2026, the Contract had one remaining three-year renewal. The renewal option was not exercised prior to the expiration date due to administrative delays associated with internal review, verification of contractor performance, and confirmation of funding availability. These steps were necessary to ensure compliance with City procurement requirements and to protect the City’s financial and operational interests. Although the renewal was processed after the Contract’s expiration, the delay was administrative in nature and did not result in any interruption of services or adverse impact on City operations. Contractor’s performance remained satisfactory throughout the period. Therefore, the proposed renewal term considers an agreement between the parties to begin retroactively to January 1, 2026, through January 1, 2029. Executing this renewal remains in the best interest of the City, as it ensures continuity of services and maintains the established contract pricing and scope.
By executing Amendment #7, the parties are agreeing to extend the Contract retroactively to January 1, 2026, to provide continuous Contract coverage. However, to the extent necessary to comply with Chapter 35, where a formal bid would otherwise be required for the monetary limits of Amendment #7, Legal is recommending that Council also approve Amendment #7 by additionally waiving formal bidding for good cause shown (for the reasons discussed herein) under City Code of Ordinances, Section 35.08(c). Additionally, staff anticipates there may be additional locations added to the Contract, and therefore, such a request may come before Council in the future for approval of such locations and corresponding costs.
Financial Information: : Funds are appropriated in the Stormwater Utility Fund / Greenbelt - Waterway / Mow DROW, Greenbelts & Ponds (401-4127-534106-00000) and Utility Operating Fund / McCarty Ranch Water Plant / Other Contractual Services (431-3314-534000-00000) & GL Account 001-7210-543000.
Special Consideration: N/A
Location of Project: Citywide.
Attachments: 1. Amendment # 7 signed.
2. Amendment # 6.
3. Amendment # 5.
4. Amendment # 4.
5. Amendment # 3.
6. Amendment # 2.
7. Amendment # 1.
8. Original Contract.
9. New Proposal.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 26034-04; 26098-18.
Legal Sufficiency Review:
Reviewed by Alyssa Lunin, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.