HomeMy WebLinkAboutItem 04 Approval of Piggyback Agreement with Osceola County for Contractual Services
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: May 5, 2026
Item #: 4
Contact Name: Nick Lepp Department Director: Nick Lepp
Contact Number: Ext. 1018 City Manager: Craig Shadrix
Subject: Approval of Piggyback Agreement with Osceola County on Contractual Services.
(Development Services Director Lepp)
Background Summary:
The contract between Osceola County and Universal Engineering Sciences, LLC (UES) for building
inspections and plan review services has been extended one (1) year to March 31,2027 by the Osceola Board
of County Commissioners. The Development Services Department has been using a piggyback agreement to
contract with UES for the same services and needs to update the agreement for building inspection and plan
review on-call services as needed.
Issue:
Should the Honorable Mayor and City Commission approve the agreement to piggyback contractual services
with UES for another year?
Recommendations:
Staff recommends the Honorable Mayor and City Commission award Universal Engineering Sciences, LLC (UES)
and authorize the Mayor, City Clerk, and Staff to execute the required contract documents with Universal
Engineering Sciences, LLC (UES). Staff also recommends the City Manager be authorized to approve change
orders to this contract up to the limit of his purchasing authority for each change order, and up to the budgeted
amount for this project for all change orders.
Attachments:
1. Piggyback Agreement with Amendment
Financial Impacts:
Sufficient funding is budgeted in the 001-524-00-3400 Account.
Type of Item: Consent
1 Agreement to piggyback on Osceola County RFP-23-13476-MM
AGREEMENT TO PIGGYBACK ON A CONTRACT
FOR CONTRACTUAL SERVICES
BID BY ANOTHER GOVERNMENTAL ENTITY FOR CONTRACTED
BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
THIS AGREEMENT TO PIGGYBACK ON A CONTRACT FOR SERVICES
BID BY ANOTHER GOVERNMENTAL ENTITY (hereinafter the "Agreement") is entered
into this day of____, 20__, by and between the CITY OF OCOEE, a Florida
municipal corporation established under the laws of the State of Florida (hereinafter referred to as
the "City) and UNIVERSAL ENGINEERING SCIENCES, LLC. (hereinafter referred to as the
"Contractor"), a Florida corporation; hereinafter referred to as the "Parties";
WHEREAS, on March l, 2023, Contractor entered into Contract RFP-23-13476-MM with
Osceola County, Florida, a charter county and political subdivision of the State of Florida, for
Contracted Building Inspections and Plan Review Services (hereinafter the "Contract"); and
WHEREAS, the Contract was procured competitively by Osceola County; and
WHEREAS, the City has the legal authority under chapter 287, Florida Statutes, and
Chapter 21 of the City of Ocoee Code of Ordinances to "piggyback" onto a contract procured
pursuant to section 287.057, Florida Statutes, by another governmental entity when seeking to
utilize the same or similar commodities or services provided for in said Contract; and
WHEREAS, the City desires to piggyback onto the above-referenced Contract between
the Contractor and Osceola County for Contracted Building Inspections and Plan Review Services
including any Amendments to the piggyback contract (hereinafter the "Work") and Contractor
consents to the aforesaid piggybacking; and
WHEREAS, the Contract, attached hereto as Exhibit "A";
NOW THEREFORE, in consideration of the above recitals and the provisions set forth
in this Agreement, the receipt and sufficiency of which is acknowledged and agreed to by the
parties, the Parties agree as follows:
I. Recitals. The foregoing Recitals are true and correct and are incorporated herein as material
provisions of this Settlement Agreement by this reference.
2. Scope of Services. The Contractor affirms and ratifies the terms and conditions of the
above-referenced Contract with Osceola County, and agrees to perform the services set forth
therein, and in accordance with Contractor's Proposals, attached hereto as Exhibit "A" for the City
in accordance with the terms of said Contract until the Work is completed, the general duties
include, but is not limited to the following:
• The Contractor shall perform residential and/or commercial building code
inspections and plan reviews services and provide permit technicians and
2 Agreement to piggyback on Osceola County RFP-23-13476-MM
Building Official Services for the CITY on an as-needed basis, Services
shall be provided in accordance with, and pursuant to, the Florida Building
Codes and other applicable federal, state, and local law, rules, regulations
and requirements,
Any such additional work shall be performed in accordance with the terms and conditions in this
Contract and for the negotiated price established in Contractor's Proposal.
Contractor further agrees that for the purpose of interpretation and enforcement this Agreement,
the term "City of Ocoee" shall be substituted for the term, "Osceola County" throughout the
Contract.
The Contractor ls required to be familiar with and shall be responsible for complying with all
federal, state and local laws, ordinances, rules and regulations that in any manner affect the work.
The City agrees to utilize the services of the Contractor in a manner and upon the terms and
conditions as set forth in Exhibit "A" Osceola County Contract until the Work is completed.
Osceola County is not a party to this Contract.
3. Compensation, Contractor shall perform services in accordance with a Scope of Work
attached hereto as Exhibit "A", and the terms of which are incorporated herein by reference.
Individual Pos will be issued for each individual task assigned under this contract per the rates as
set forth in the Osceola County contract.
4, Term, The term of this Agreement shall be in accordance with the terms of Osceola County
Contract for Contracted Building Inspections and Plan Review Services to include renewal terms,
and until the City's Work is completed. Any renewal term is with the condition that the City's
obligation to pay under this Agreement for each year is contingent upon the City in its good faith
judgment having sufficient funds to make an annual appropriation for the work to be provided
under this agreement.
5, Amendment. This Agreement may be amended or modified only by a change order or
addendum, and as duly authorized and executed by the patties.
6. Termination Without Cause. This Agreement, or any change order or addendum issued
under this Agreement, may be terminated by the CITY without cause by delivering thirty (30)
days' written notice to the CONTRACTOR. In the event of the termination of this Agreement,
any liability of one party to the other arising out of any services rendered, or any act or event
occurring prior to termination, shall not be deemed to be terminated or released. The
CONTRACTOR shall be paid for Services completed prior to receipt of the termination notice and
for reasonable costs relating to commitments for the benefit of the City prior to the termination;
however, final payment to the CONTRACTOR will exclude any and all anticipated supplemental
costs, administrative expenses, overhead, and profit on uncompleted Services,
7. Termination for Cause, In addition to any other termination provisions that may be
provided in this Agreement, the CITY may terminate this Agreement, or any change order or
addendum issued under this Agreement, in whole or in part, if the CONTRACTOR: (I) submits
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4 Agreement to piggyback on Osceola County RFP-23-13476-MM
a willfully false invoice or (2) substantially fails to perform any obligation under this Agreement
and does not remedy the failure within fifteen (15) calendar days after receipt by the
CONTRACTOR of written demand from the CITY to do so, unless the nature of the failure is such
that it cannot, in the exercise of reasonable diligence, be remedied within fifteen (15) calendar
days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy
the failure, provided the CONTRACTOR promptly takes and diligently pursues such actions as
are necessary therefor. The CONTRACTOR may terminate this Agreement if the CITY
substantially fails to perform any obligation under this Agreement, other than responding to a
demand for payment, and does not remedy the failure within fifteen (15) calendar days after receipt
by the CITY of written demand from the CONTRACTOR to do so, unless, however, the nature of
the failure is such that it cannot, in the exercise of reasonable diligence, be remedied within fifteen
(I 5) calendar days, in which case the CITY shall have such time as is reasonably necessary to
remedy the failure, provided it promptly takes and diligently pursues such actions as are necessary
therefor.
Upon termination of this Agreement for cause by the CITY, the CITY may pay the
CONTRACTOR for the services actually rendered and the reasonable and provable expenses
required by and actually incurred by the CONTRACTOR for services prior to the effective date of
termination. Such payments, however, shall be reduced by an amount equal to any additional costs
and damages incurred by the CITY as a result of the default(s) of the CONTRACTOR including
all incidental and consequential fees and expenses.
8. Delivery of Materials Upon Termination. In the event of termination of this Agreement by
the CITY prior to the CONTRACTOR 's satisfactory completion of all the services described to
herein, the CONTRACTOR shall promptly furnish the CITY, at no additional cost or expense,
with one (1) copy of the following items (Documents), any or all of which may have been produced
prior to and including the date of termination: data, specifications, calculations, estimates, plans,
drawings, construction documents, photographs, summaries, reports, memoranda, and any and all
other documents, instruments, information, and materials (whether or not completed) that were
generated or prepared by the CONTRACTOR, or by any sub-Contractor, in rendering the services
described herein and not previously furnished to the CITY by the CONTRACTOR pursuant to this
Agreement. The Documents shall be the sole property of the CITY, and the CITY shall be vested
with all rights provided therein of whatever kind and however created. The CONTRACTOR shall
also require that all sub-Contractors agree in writing to be bound by the provisions of this
subsection. This provision is supplemental to the language in this Agreement relating to public
records. Any reuse of the Work Product described above without written verification or adaptation
by CONTRACTOR, as appropriate, for the specific purpose intended, will be at CITY's sole risk
and without liability or legal exposure to CONTRACTOR.
9. Indemnification. The CONTRACTOR to the extent permitted in Section 725.08,
Florida Statutes agrees to Indemnify and hold harmless the City, its representatives,
employees, and elected and appointed officials from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness, or
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5 Agreement to piggyback on Osceola County RFP-23-13476-MM
intentional wrongful misconduct of the Contractor and persons employed or utilized by the
CONTRACTOR in the performance of any professional services rendered under this Agreement.
For purposes of compliance with Florida Jaw, CONTRACTOR acknowledges that this provision
shall be deemed a part of the project specifications or the bid documents.
10. Insurance.
General. The CONTRACTOR shall purchase, maintain, and keep in full force, effect, and
good standing, such insurance as described below and any other insurance necessary to fully
protect it from claims of the nature that are detailed herein, that may arise out of, or result from,
the CONTRACTOR 's operations, performance, or services, or all of these things, or any of these
things in combination (CONTRACTOR 's Operations), whether the CONTRACTOR's Operations
are by the CONTRACTOR, any of its agents or sub-Contractors, or anyone for whose act or acts
it may be liable. The CONTRACTOR's insurance carrier shall be licensed to do business in the
State of Florida and shall have an A.M. Best Rating of A or better. The insurance required by this
subsection shall be written for not less than the limits of liability specified in Exhibit "A" or
required by law, whicheve1· is greater, and shall include contractual liability insurance, as
applicable to the CONTRACTOR 's obligations under this Agreement. The City shall be named
additional insured on all such policies,
Coverage Amounts. The CONTRACTOR shall provide evidence of insurance as stated
below, the City's standard insurance requirements, and the form of a certificate of insurance issued
on behalf of the CITY by companies acceptable to the CITY at the minimum limits and coverage's
with deductible amounts acceptable to the CITY.
1. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any
sums of money which may represent a deductible in any insurance policy. The payment
of such deductible shall be the sole responsibility of the General Contractor and/or Sub-
Contractor providing such insurance.
2. Workers' Compensation Insurance: The Contractor shall obtain during the life of this
Agreement, Worker's Compensation Insurance with Employer's Liability Limits of
$500,000/$500,000/$500,000 for all the Contractor's employees connected with the
work of this project and, in the event any work is sublet, the Contractor shall require the
Sub-Contractor similarly to provide Workers' Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by the
Contractor. Such insurance shall comply fully with the Florida Workers' Compensation
Law. In case any class of employees engaged in hazardous work under this contract for
the City is not protected under the Workers' Compensation statute, the Contractor shall
provide, and cause each Sub-Contractor to provide adequate insurance, satisfactory to
the City, for the protection of the Contractor's employees not otherwise protected.
Include Waiver of Subrogation in favor of the City of Ocoee.
3. Contractor's Public Liability and Property Damage Insurance: The Contractor shall
obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE,
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Agreement to piggyback on Osceola County RFP-23-13476-MM
this policy should name the City of Ocoee as an additional insured, and shall protect the
Contractor and the City from claims for damage for personal injury, including accidental
death, as well as claims for property damages which may arise from operations under
this Agreement whether such operations be by the Contractor or by anyone directly or
indirectly employed by the Contractor, and the amounts of such insurance shall be the
minimum limits as follows:
4. Automobile Bodily injury Liability & Properly Damage Liability
• $1,000,000 Combined single limit per occurrence (each person, each accident)
• All covered automobile will be covered via symbol I
• Liability coverage will include hired & non-owned automobile liability
• Include Waiver of Subrogation in favor of The City of Ocoee
5. Comprehensive General Liability (Occurrence Form) - This policy should name the City
of Ocoee as an additional insured and should indicate that the insurance of the
Contractor is primary and non-contributory.
• $2,000,000 GENERAL AGGREGATE
• $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE
• $1,000,000 PER OCCURRENCE
• $1,000,000 PERSONAL & ADVERTISING INJURY
• Include Waiver of Subrogation In favor of the City of Ocoee
• $1,000,000 Professional Liability (Design Errors & Omissions)
6. Sub-Contractor’s Comprehensive General Liability, Automobile Liability and Worker's
Compensation Insurance: The Contractor shall require each Sub-Contractor to procure
and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of these Sub-Contractors in the Contractor's policy, as specified
above.
7. Contractual Liability: If the project is not bonded, the Contractor's insurance shall also
include contractual liability coverage to insure the fulfillment of the contract. NOTE:
PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY
INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED.
• $1,000,000 PER OCCURRENCE
• $2,000,000 AGGREGATE
Commercial Umbrella:
• $1,000,000 PER OCCURRENCE
• $2,000,000 Aggregate
• Including Employer's Liability and Contractual Liability
The CONTRACTOR shall not commence any work in connection with this Agreement
until all insurance has been obtained and approved by the CITY, nor shall the CONTRACTOR
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Agreement to piggyback on Osceola County RFP-23-13476-MM
allow any sub-Contractor to commence work on a subcontract until all similar insurance required
of the sub-Contractor has been so obtained and approved. Policies other than Workers'
Compensation shall be issued only by companies authorized by subsisting certificates of authority
issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating
of "A" or better and a Financial Size Category of "VU" or better according to the A.M. Best
Company, except for Professional Liability insurance which is size category of V. Policies for
Workers' Compensation may be issued by companies authorized as a group self-insurer under
section 440, Florida Statutes.
CITY's Right to Inspect Policies. In the event of a claim, the CONTRACTOR shall,
upon ten (10) days' written request from the CITY, deliver copies to the CITY of any or all
insurance policies that are required in this Agreement.
11. Public Records Compliance. The City is a public agency subject to Chapter 119, Florida
Statutes. The Contractor agrees to comply with Florida's Public Records Law. Specifically, the
Contractor shall:
A. Keep and maintain public records required by the City to perform the service.
B. Upon request from the City's custodian of public records, provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided
bylaw.
C, Ensure that public records that are exempt or confidential and exempt from the public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the Contractor does not transfer the
records to the City.
D. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public
records in possession of the Contractor or keep and maintain public records required by the City
to perform the service. If the Contractor transfers all public record to the City upon completion of
the contract, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
City, upon request from the City's custodian of public records, in a format that is compatible with
the information technology systems of the City.
E. A Contractor who fails to provide the public records to City within a reasonable time may be
subject to penalties under section 119.10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 1l9, FLORIDA STATUTES, TO THE CONTRACTOR 'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
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Agreement to piggyback on Osceola County RFP-23-13476-MM
CUSTODIAN OF PUBLIC RECORDS AT 407-905-3105, cctll@ococc.org, WITH AN
OFFICE LOCATED AT 1 NORTH BLUFORD AVENUE, OCOEE, FLORIDA 34761.
12. E-Verify.
By entering into the Contract, the awarded Contractor is obligated to comply with the provisions
of§ 448.095, Fla. Stat., "Employment Eligibility." This includes, but is not limited to utilization
of the E-Verify System to verify the work authorization status of ail newly hired employees, and
requiring all subcontractors to provide an affidavit attesting that the subcontractor does not
employ, contract with, or subcontract with, an alien unauthorized to wo1·k in the USA. Failure to
comply will lead to termination of this contract, or if a subcontractor knowingly violates the statute,
the subcontractor must be terminated immediately. If the Contract is terminated pursuant to
Section 448.095, Fla, Stat., such termination is not a breach of contract and may not be considered
as such. Any challenge to termination under this provision must be filed in the Ninth Judicial
Circuit Court of Florida no later than 20 calendar days after the date of termination. If the Contract
is terminated for a violation of Section 448.095 Fla. Stat., by the Contractor, the Contractor shall
be liable for any additional costs incurred by the City as a result of the termination of the Contract.
Nothing in the E-Verify Certification shall be construed to allow intentional discrimination of any
class protected by law,
A. Pursuant to section 448.095, Florida Statutes, Contractor shall register with and use
the U.S. Department of Homeland Security's E-Verify system, https://e-
verify.uscis.gov/emp, to verify the work authorization status of all Contractor
employees hired on and after January 1, 2021.
B. Subcontractors
(i) Contractor shall also require all subcontractors performing work under this
Agreement to use the E-Verify system for any employees they may hire during the
term of this Agreement.
(ii) Contractor shall obtain from all such subcontractors an affidavit stating the
subcontractor does not employ, contract with, or subcontract with an unauthorized
alien, as defined in section 448.095, Florida Statutes.
(Iii) Contractor shall maintain a copy of all subcontractor aft1davits for the
duration of the Agreement.
C. Contractor must provide evidence of compliance with section 448.095, Florida
Statutes. Evidence shall consist of an affidavit from the Contractor stating all
employees hired on and after January 1, 2021, have had their work authorization
status verified through the E-Verify system and a copy of their proof of registration
in the E-Verify system.
D. Failure to comply with this provision is a material breach of the Agreement, and
shall 1·esuit in the immediate termination of the Agreement without penalty to the
City, Contractor shall be liable for all costs incurred by the City to secure a
replacement Agreement, including but not limited to, any increased costs for the
same services, any costs due to delay, and rebidding costs, if applicable.
8 Agreement to piggyback on Osceola County RFP-23-13476-MM
13. Counterparts: This Ag1·eement may be executed in one or more counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute one and the same
instrument.
14. Notices. All notices required under this Agreement shall be sent by certified mail or
overnight carrier, return receipt requested, to the parties as follows:
TO THE CITY:
With a Copy to:
City of Ocoee
1 North Bluford Avenue
Ocoee, Florida 34761
Attention: Procurement Manager
Phone: (407) 905-3100
City of Ocoee
I North Bluford Avenue
Ocoee, Florida 34761
Attention: Acting Development Services Director &
CRA Administrator
Phone: (407) 554-7126
TOTHECONTRACTOR: __________________ , __________________
(Name) (Title)
Universal Engineering Sciences, LLC.
3532 Maggie Boulevard
Orlando, Florida 32811
Phone: 407-423-0504
(Signature page follows)
11 Agreement to piggyback on Osceola County RFP-23-13476-MM
IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the Parties hereto,
and by its duly authorized Representatives, as of the date first written above.
UES Professional Solutions, LLC PIK/A Universal
Engineering Sciences, LLC
__________________________ By: ____________________________________
Witness:
Name: __________________________________
Title: ___________________________________
CITY OF OCOEE, a Florida municipal corporation
By: ____________________________________
Rusty Johnson,
Mayor
Attest: ____________________________________
Melanie Sibbitt,,
City Clerk
11 Agreement to piggyback on Osceola County RFP-23-13476-MM
CITY OF OCOEE SIGNATURE PAGE
FOR COMMODITIES/SERVICES (UNDER $50,000)
For Contracted Building Inspections and Plan Review Services
With UES Professional Solutions, LLC F/K/A Universal Engineering Sciences, LLC
REVIEWED:
CITY OF OCOEE, FLORIDA
__________________________
Craig Shadrix, City Manager
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
___________________________ ___________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
Date: _____________________
(SEAL)
Pursuant to City of Ocoee Ordinance No. 2017-021, Section 21.7.
Purchase Order No. or
City Purchasing Card
Department Name
11 Agreement to piggyback on Osceola County RFP-23-13476-MM
EXHIBIT "A"
PIGGYBACK CONTRACT
OSCEOLA COUNTY CONTRACT RFP-23-13476-MM WITH UNIVERSAL
ENGINEERING SCIENCES, LLC FOR AS NEEDED RESIDENTIAL AND/OR
COMMERCIAL BUILDING CODE INSPECTIONS
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