HomeMy WebLinkAbout2026-002 A1
AGREEMENT No. 2026-002
FUEL TANK CLEANING AND INSPECTION
THIS AGREEMENT is made and entered into this 14th day of January 2026, by and between the
CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida
whose address is: 685 W. Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"),
and TANK WIZARDS, INC., whose address is: 7619 Coral Drive, West Melbourne, FL, 32904,
(hereinafter referred to as "CONTRACTOR").
WHEREAS, Lee County, through the public procurement process, awarded an Agreement for
Fuel Tank Cleaning and Inspection Contract No. B220376LLP;
WHEREAS, CITY desires to utilize the above-referenced awarded bid, CONTRACTOR’s
response thereto, and Agreement in accordance with CITY’s procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and
conditions of the Lee County Contract Number B220376LLP;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
1. SCOPE OF WORK
The CONTRACTOR shall furnish fuel tank cleaning and inspection as described in the Lee
County Contract Number B220376LLP, which is attached hereto and incorporated herein as
Exhibit "A" and shall perform everything required by this Agreement and the other exhibits
attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire
any items or services from CONTRACTOR that is not specified in CITY’s purchase order. To the
extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this
Agreement shall prevail and govern. In all instances, the CITY purchasing policy, resolutions, and
ordinances shall apply.
2. THE CONTRACT SUM
CITY shall pay CONTRACTOR for the faithful performance of the Agreement as set forth in the
Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and
incorporated herein.
3. TERM AND TERMINATION
A. This Agreement is to become effective upon execution by both parties, and shall remain
in effect until Saturday, October 17, 2026 unless terminated or renewed by Lee County.
B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice
to CONTRACTOR, terminate this Agreement: a) without cause and for CITY’s
convenience upon thirty (30) days written notice to CONTRACTOR b) if
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CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of
the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a
labor dispute, which threatens to have a substantial, adverse impact upon the performance
of this Agreement, without prejudice to any other right or remedy CITY may have under
this Agreement. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this
Agreement, for work properly performed and accepted prior to the effective date of
termination.
C. Upon mutual Agreement of the parties, this Agreement may be renewed for two (2)
additional one (1) year terms.
4. PROVISION OF SERVICES AND COMPLETION OF WORK
A. The CONTRACTOR shall only provide to CITY the services contained under the Scope
of Work upon receipt of an authorized order from CITY and shall provide the requested
items in the timeframe and as set forth in Lee County Contract Number B220376LLP or
in the specific purchase order or authorized order submitted by CITY. Nothing herein
shall obligate CITY to purchase any specific amount of product from CONTRACTOR or
create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall
not be obligated or required to pay for any items received until such time as CITY has
accepted the items in accordance with the order provided to CONTRACTOR.
B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if
there is an issue or question related to the fulfillment of the order or whether there will be
any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY
will preclude CONTRACTOR from seeking payment of any kind for any items that were
delayed in delivery. Upon receipt of notification of the delay, CITY may, at its sole
option, cancel the order and seek the items from any available source.
C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any
gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or
representative as in compliance with the terms of this Contract shall not operate as a
waiver by the CITY of strict compliance with the terms of this Contract and the CITY
may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas,
and bio-diesel so as to comply with the warranties and specifications hereof.
D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY
to purchase any minimum quantity of product during the term hereof.
5. PAYMENTS
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In accordance with the provisions fully set forth in the Contract Documents, the CONTRACTOR
shall submit an invoice to the CITY upon completion of the services and delivery of products as
set forth in the applicable purchase order. The CITY shall make payment to the CONTRACTOR
for all accepted deliveries and undisputed products delivered and services provided within thirty
(30) calendar days of receipt of the invoice.
6. DISPUTE RESOLUTION - MEDIATION
A. Any claim, dispute, or other matter arising out of or related to this Agreement shall be
subject to mediation as a condition precedent to voluntary arbitration or the institution of
legal or equitable proceedings by either party.
B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes, and other
matters in question between them by mediation.
C. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall
be held in Clermont, Lake County, Florida unless another location is mutually agreed
upon. Agreements reached in mediation shall be enforceable as settlement Agreements in
any court having jurisdiction thereof.
7. INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's
Compensation Insurance for all its employees connected with the work of this Project and, in case
any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide
Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such
employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall
comply with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the
CITY, for the protection of employees not otherwise protected.
7.2. CONTRACTOR’s Commercial General Liability Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial
General Liability and Business Automobile Liability Insurance as shall protect it from claims for
damage for personal injury, including accidental death, as well as claims for property damages
which may arise from operating under this Agreement whether such operations are by itself or by
anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows:
A. CONTRACTOR’s Commercial General Liability, $1,000,000 Each ($2,000,000
aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
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B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage
Occurrence, Combined Single Limit
C. Pollution Liability, $1,000,000 Each, Bodily Injury & Property Damage Occurrence,
Combined Single Limit
The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended
to provide coverage on an occurrence basis.
7.3. Indemnification Rider
A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the CITY and its employees from and against all claims, damages, losses, and
expenses, including but not limited to reasonable attorney's fees, arising out of or
resulting from its performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself), and (2) is caused in whole or
in part by any negligent act or omission of the CONTRACTOR, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not such acts are caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right to obligation of indemnity which would otherwise exist
as to any party or person described in this Article; however, this indemnification does not
include the sole acts of negligence, damage or losses caused by the CITY and its other
contractors.
B. In any and all claims against the CITY or any of its agents or employees by any
employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers' or workmen's compensation
acts, disability benefit acts or other employee benefit acts.
C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and
valuable consideration from the CITY for the indemnification provided herein.
8. NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with return
receipt requested and postage prepaid, or by nationally recognized overnight courier service to the
address of the party set forth below. Any such notice shall be deemed given when received by the
party to whom it is intended.
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CONTRACTOR:
Tank Wizards, Inc.
7619 Coral Drive, West Melbourne, FL, 32904
Attn: Wendell Stroderd, President
OWNER:
City of Clermont
685 W. Montrose Street, Clermont, FL 34711
Attn: Rick Van Wagner, City Manager
Either party may change the name of the person receiving notices and the address at which notices
are received by so advising the other party in writing.
9. MISCELLANEOUS
9.1. Attorneys’ Fees
In the event a suit or action is instituted to enforce or interpret any provision of this Agreement,
the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as
attorneys’ fees at trial or on any appeal, in addition to all other sums provided by law.
9.2. Waiver
The waiver by CITY of breach of any provision of this Agreement shall not be construed or operate
as a waiver of any subsequent breach of such provision or of such provision itself and shall in no
way affect the enforcement of any other provisions of this Agreement.
9.3. Severability
If any provision of this Agreement or the application thereof to any person or circumstance is to
any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified
in such a manner as to make the Agreement valid and enforceable under applicable law, the
remainder of this Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest
extent permitted by applicable law.
9.4. Amendment
Except for as otherwise provided herein, this Agreement may not be modified or amended except
by an Agreement in writing signed by both parties.
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9.5. Entire Agreement
This Agreement, including the documents incorporated by reference, contains the entire
understanding of the parties hereto and supersedes all prior and contemporaneous Agreements
between the parties with respect to the performance of services by CONTRACTOR.
9.6. Assignment
Except in the event of a merger, consolidation, or other change of control pursuant to the sale of
all or substantially all of either party’s assets, this Agreement is personal to the parties hereto and
may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of
CITY.
9.7. Venue
The parties agree that the sole and exclusive venue for any cause of action arising out of this
Agreement shall be Lake County, Florida.
9.8. Applicable Law
This Agreement and any amendments hereto are executed and delivered in the State of Florida and
shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of
Florida.
9.9. Public Records
The CONTRACTOR expressly understands records associated with this project are public records
and agrees to comply with Florida’s Public Records law, including the following:
A. Keep and maintain public records that ordinarily and necessarily would be required by
the CITY in order to perform the services contemplated herein.
B. Provide the public with access to public records on the same terms and conditions that the
CITY would provide the records and at a cost that does not exceed the cost provided in
Florida’s Public Records law or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all
public records in possession of CONTRACTOR upon the termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. The CONTRACTOR shall make reasonable
efforts to provide all records stored electronically to the CITY in a format compatible
with the information technology systems of the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE
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CONTRACTOR SHALL CONTACT THE CITY’S CUSTODIAN OF PUBLIC
RECORDS AT THE CITY CLERK’S OFFICE, (352) 241-7331.
9.10. Coercion for Labor or Services Certification
Pursuant to Section 787.06(14), Florida Statutes, the CONTRACTOR certifies, under penalty of
perjury, that it does not use “coercion for labor or services,” as defined in Section 787.06, Florida
Statutes, in connection with the performance of this Agreement, including but not limited to: using
or threatening force; restraining, isolating, or confining; debt bondage; withholding or controlling
identification or immigration documents; causing or threatening financial harm; enticing by fraud
or deceit; or providing Schedule I or II controlled substances for the purpose of exploitation. The
CONTRACTOR shall include a substantially similar requirement in all subcontracts and purchase
orders at any tier. Any violation of this provision constitutes a material breach, and the CITY may
pursue any remedies available under this Agreement, at law, or in equity, including termination
for cause. By executing this Agreement electronically, CONTRACTOR affirms this certification
under penalty of perjury as of the Effective Date of this Agreement.
10. AGREEMENT DOCUMENTS
The Agreement Documents, as listed below, are herein made fully a part of this Agreement as if
herein repeated.
Document Precedence:
A. This Agreement
B. Purchase Order
C. An applicable Contractor Quote or Statement of Work
D. All documents contained in the Lee County Contract Number B220376LLP.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF CLERMONT TANK WIZARDS, INC.
**signature_69091**
SIGNATURE
**name_69091**
FULL NAME
**role_69091**
TITLE
**date_signed_69091**
DATE SIGNED
**signature_69097**
SIGNATURE
**name_69097**
FULL NAME
**role_69097**
TITLE
**date_signed_69097**
DATE SIGNED
ATTEST
**signature_69098**
SIGNATURE
**name_69098**
FULL NAME
**role_69098**
TITLE
**date_signed_69098**
DATE SIGNED
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President
2/2/2026
Wendall Stroderd
Mayor
2/3/2026
Tim Murry
2/3/2026
City Clerk
Tracy Ackroyd Howe
Exhibit A
B220376LLP Agreement
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B220376LLP
Fuel & Tank Cleaning/Inspection
Tank Wizards Inc.
El Contract # __ �
Board Approval Date: __ _
AGREEMENT FOR FUEL & TANK CLEANING/INSPECTION
THIS AGREEMENT ("Agreement") is made and entered into by and between Lee
County, a political subdivision of the State of Florida, hereinafter referred to as the
"County" and Tank Wizards Inc., a Florida corporation authorized to do business in
the State of Florida, whose address is 7619 Coral Drive, West Melbourne, FL 32904,
and whose federal tax identification number is 46-4288467, hereinafter referred to
as "Vendor."
WITNESSETH
WHEREAS, the County intends to purchase fuel and tank cleaning and polishing
services from the Vendor in connection with "Fuel & Tank Cleaning/Inspection" (the
"Purchase"); and,
WHEREAS, the County issued Solicitation No. B220376LLP on July 21, 2022 (the
"Solicitation"); and,
WHEREAS, the County evaluated the responses received and found the Vendor
qualified to provide the necessary services; and,
WHEREAS, the County posted a Notice of Intended Decision on September 1, 2022;
and,
WHEREAS, the Vendor has reviewed the products and services to be supplied
pursuant to this Agreement and is qualified, willing and able to provide all such
products and services in accordance with its terms.
NOW, THEREFORE, the County and the Vendor, in consideration of the mutual
covenants contained herein, do agree as follows:
I.PRODUCTS AND SERVICES
The Vendor agrees to diligently provide all products and services for the
Purchase, a more specific description of the Project Scope of Services is set
forth in Sections 1 though 9 and 11 of the Scope of Work and Specifications
sections of Solicitation No. B220376LLP, a photocopy of said sections being
attached hereto and incorporated by reference as Exhibit A. Vendor shall
comply strictly with all of the terms and conditions of the Solicitation, a copy
of which is on file with the County's Department of Procurement Management
and is deemed incorporated into this Agreement to the extent that it does not
conflict with the remainder of the Agreement.
II.TERM AND DELIVERY
A.This Agreement shall commence immediately upon the effective date and
shall continue for a period of one (1), three (3) year period. The County
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10/18/2022
N/A
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reserves the right to renew this Agreement for up to one (1), additional,
three (3) year period, upon written mutual agreement of both parties. The
effective date shall be the date the Lee County Board of County
Commissioners awarded the Solicitation to the Vendor.
B.A purchase order must be issued by the County before commencement of
any work or purchase of any goods related to this Agreement.
III.COMPENSATION AND PAYMENT
A.The County shall pay the Vendor in accordance with the terms and
conditions of this Agreement for providing all products and services as set
forth in Exhibit A, and further described in Exhibit B, Fee Schedule, attached
hereto and incorporated herein. Said total amount to be all inclusive of
costs necessary to provide all products and services as outlined in this
Agreement, and as supported by the Vendor's submittal in response to the
Solicitation, a copy of which is on file with the County's Department of
Procurement Management and is deemed incorporated into this Agreement.
B.Notwithstanding the preceding, Vendor shall not make any deliveries or
perform any services under this Agreement until receipt of written
authorization from the County. Vendor acknowledges and agrees that no
minimum order or amount of product or service is guaranteed under this
Agreement and County may elect to request no products or services. If the
County authorizes delivery of products or performance of services, the
County reserves the right to amend, reduce, or cancel the authorization in
its sole discretion.
C.All funds for payment by the County under this Agreement are subject to
the availability of an annual appropriation for this purpose by the County.
In the event of non-appropriation of funds by the County for the services
provided under this Agreement, the County will terminate the contract,
without termination charge or other liability, on the last day of the then
current fiscal year or when the appropriation made for the then-current
year for the services covered by this Agreement is spent, whichever event
occurs first. If at any time funds are not appropriated for the continuance
of this Agreement, cancellation shall be accepted by the Vendor on thirty
(30)days' prior written notice, but failure to give such notice shall be of no
effect and the County shall not be obligated under this Agreement beyond
the date of termination.
IV.METHOD OF PAYMENT
A.The County shall pay the Vendor in accordance with the Local Government
Prompt Payment Act, Section 218. 70, Florida Statutes, upon receipt of the
Vendor's invoice and written approval of same by the County indicating that
the products and services have been provided in conformity with this
Agreement.
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B.The Vendor shall submit an invoice for payment to the County on a monthly
basis for those specific products and services as described in Exhibit A (and
the corresponding fees as described in Exhibit B) that were provided during
that invoicing period.
C.For partial shipments or deliveries, progress payments shall be paid
monthly in proportion to the percentage of products and services delivered
on those specific line items as approved in writing by the County.
V.ADDITIONAL PURCHASES
A.No changes to this Agreement or the performance contemplated hereunder
shall be made unless the same are in writing and signed by both the Vendor
and the County.
B.If the County requires the Vendor to perform additional services or provide
additional product(s) related to this Agreement, then the Vendor shall be
entitled to additional compensation based on the Fee Schedule as amended
to the extent necessary to accommodate such additional work or
product(s). The additional compensation shall be agreed upon before
commencement of any additional services or provision of additional
product(s) and shall be incorporated into this Agreement by written
amendment. The County shall not pay for any additional service, work
performed or product provided before a written amendment to this
Agreement.
Notwithstanding the preceding, in the event additional services are required
as a result of error, omission or negligence of the Vendor, the Vendor shall
not be entitled to additional compensation.
VI.LIABILITY OF VENDOR
A.The Vendor shall save, defend, indemnify and hold harmless the County
from and against any and all claims, actions, damages, fees, fines,
penalties, defense costs, suits or liabilities which may arise out of any act,
neglec t, error, omission or default of the Vendor arising out of or in any
way connected with the Vendor or subcontractor's performance or failure
to perform under the terms of this Agreement.
B.This section shall survive the termination or expiration of this Agreement.
VII.VENDOR'S INSURANCE
A.Vendor shall procure and maintain insurance as specified in Exhibit C
Insurance Requirements, attached hereto and made a part of this
Agreement.
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B.Vendor shall, on a primary basis and at its sole expense, maintain in full
force and effect, at all times during the life of this Agreement, insurance
coverage (including endorsements) and limits as described in Exhibit C.
These requirements, as well as the County's review or acceptance of
insurance maintained by Vendor, are not intended to and shall not in
any manner limit or qualify the liabilities or obligations assumed by
Vendor under this Agreement. Insurance carriers providing coverage
required herein must be licensed to conduct business in the State of
Florida and must possess a current A.M. Best's Financial Strength Rating
of "B or better." No changes are to be made to these specifications
without prior written specific approval by County Risk Management. To
the extent multiple insurance coverages and/or County's self-insured
retention may apply, any and all insurance coverage purchased by
Vendor and its subcontractors identifying the County as an additional
named insured shall be primary.
VIII.RESPONSIBILITIES OF THE VENDOR
A.The Vendor shall be responsible for the quality and functionality of all
products supplied and services performed by or at the behest of the Vendor
under this Agreement. The Vendor shall, without additional compensation,
correct any errors or deficiencies in its products, or if directed by County,
supply a comparable replacement product or service.
B.The Vendor warrants that it has not employed or retained any company or
person (other than a bona fide employee working solely for the Vendor), to
solicit or secure this Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual, or firm other than a bona
fide employee working solely for the Vendor, any fee, commission,
percentage, gift, or any other consideration, contingent upon or resulting
from the award of this Agreement.
C.The Vendor shall comply with all federal, state, and local laws, regulations
and ordinances applicable to the work or payment for work thereof, and
shall not discriminate on the grounds of race, color, religion, sex, or national
origin in the performance of work under this Agreement.
D.Vendor specifically acknowledges its obligations to comply with Section
119.0701, Florida Statutes, with regard to public records, and shall:
1)keep and maintain public records that ordinarily and necessarily
would be required by the County in order to perform the services
required under this Agreement;
2)upon request from the County, provide the County 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
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provided in Chapter 119, Florida Statutes, or as otherwise provided
by law;
3)ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not
disclosed, except as authorized by law; and
4)meet all requirements for retaining public records and transfer, at no
cost to the County, all public records in possession of Vendor upon
termination of this Agreement and destroy any duplicate public
records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically
must be provided to the County in a format that is compatible with
the information technology system of the County.
IF THE VENDOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES,
TO THE VENDOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-533-
2221, 2115 SECOND STREET, FORT MYERS, FL 33901,
PRRCustodian@leegov.com;
http:/ /www.leegov.com/publicrecords.
E.The Vendor is, and shall be, in the performance of all work, services and
activities under this Agreement, an independent contractor. Vendor is not
an employee, agent or servant of the County and shall not represent itself
as such. All persons engaged in any work or services performed pursuant
to this Agreement shall at all times, and in all places, be subject to the
Vendor's sole direction, supervision and control. The Vendor shall exercise
control over the means and manner in which it and its employees perform
the work, and in all respects the Vendor's relationship and the relationship
of its employees to the County shall be that of an independent contractor
and not as employees of the County. The Vendor shall be solely responsible
for providing benefits and insurance to its employees.
F.The Vendor shall comply with the Vendor Background Screening Affidavit
attached hereto and incorporated herein as Exhibit D.
IX.OWNERSHIP OF PRODUCTS
It is understood and agreed that all products provided under this Agreement
shall become the property of the County upon acceptance by the County.
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X.TIMELY DELIVERY OF PRODUCTS AND PERFORMANCE OF SERVICES
A.The Vendor shall ensure that all of its staff, contractors and suppliers
involved in the production or delivery of the products are fully qualified and
capable to perform their assigned tasks.
B.The personnel assigned by the Vendor to perform the services pursuant to
this Agreement shall comply with the terms set forth in this Agreement. If
the services provided require use of specific key personnel, the personnel
shall be agreed to by the County and Vendor. If the Vendor's key personnel
have been predetermined and approved, through the Solicitation process
or otherwise, any subsequent change or substitution to the personnel must
receive the County's written approval before said changes or substitution
can become effective.
C.The Vendor specifically agrees that all products shall be delivered within
the time limits as set forth in this Agreement, subject only to delays caused
by force majeure, or as otherwise defined herein. "Force majeure" shall be
deemed to be any unforeseeable and unavoidable cause affecting the
performance of this Agreement arising from or attributable to acts, events,
omissions or accidents beyond the control of the parties.
XI.COMPLIANCE WITH APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Florida. Vendor
shall promptly comply with all applicable federal, state, county and municipal
laws, ordinances, regulations, and rules relating to the services to be
performed hereunder and in effect at the time of performance. Vendor shall
conduct no activity or provide any service that is unlawful or offensive.
XII.TERMINATION
A.The County shall have the right at any time upon thirty (30) days' written
notice to the Vendor to terminate this Agreement in whole or in part for
any reason whatsoever. In the event of such termination, the County shall
be responsible to Vendor only for fees and compensation earned by the
Vendor, in accordance with Section III, prior to the effective date of said
termination. In no event shall the County be responsible for lost profits of
Vendor or any other elements of breach of contract.
B.After receipt of a notice of termination, except as otherwise directed, the
Vendor shall stop work on the date of receipt of the notice of termination
or other date specified in the notice; place no further orders or sub
contracts for materials, services, or facilities except as necessary for
completion of such portion of the work not terminated; terminate all
vendors and subcontracts; and settle all outstanding liabilities and claims.
Solicitation No. B220376LLP Page 6 of 23
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C.The County reserves the right to require Vendor to repay amounts
previously paid by the County to the Vendor due to untimely completion of
services, inadequate completion of services, or lack of completion of
services and the Vendor shall comply with such demand within 10 days.
D.The County's rights under this Agreement shall survive the termination or
expiration of this Agreement and are not waived by final payment or
acceptance and are in addition to the Vendor's obligations under this
Agreement.
XIII.DISPUTE RESOLUTION
A.In the event of a dispute or claim arising out of this Agreement, the parties
agree first to try in good faith to settle the dispute by direct discussion. If
this is unsuccessful, the parties may enter into mediation in Lee County,
Florida, with the parties sharing equally in the cost of such mediation.
B.In the event mediation, if attempted, is unsuccessful in resolving a dispute,
the parties may proceed to litigation as set forth below.
C.Any dispute, action or proceeding arising out of or related to this Agreement
will be exclusively commenced in the state courts of Lee County, Florida, or
where proper subject matter jurisdiction exists, in the United States District
Court for the Middle District of Florida. Each party irrevocably submits and
waives any objections to the exclusive personal jurisdiction and venue of
such courts, including any objection based on forum non conveniens.
D.This Agreement and the rights and obligations of the parties shall be
governed by the laws of the State of Florida without regard to its conflict of
laws principles.
Unless otherwise agreed in writing, the Vendor shall be required to continue
all obligations under this Agreement during the pendency of a claim or
dispute including, but not limited to, actual periods of mediation or judicial
proceedings.
XIV.STOP WORK ORDER
The County may, at any time, by written order to the Vendor, require the
Vendor to stop all or any part of the work called for by this Agreement. Any
order shall be identified specifically as a stop work order issued pursuant to
this clause. This order shall be effective as of the date the order is delivered to
the Vendor. Upon receipt of such an order, the Vendor shall immediately
comply with its terms and take all reasonable steps to minimize the incurrence
of costs allocable to the work covered by the order during the period of work
stoppage. The Vendor shall not resume work unless specifically so directed in
writing by the County. The County may take one of the following actions:
Solicitation No. B220376LLP Page 7 of 23
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1.Cancel the stop work order; or
2.Terminate the work covered by the order; or
3.Terminate the Agreement in accordance with provisions contained in
Section XI.
In the event the County does not direct the Vendor to resume work, the stop
work order may be converted into a notice of termination for convenience
pursuant to Section XII. The notice period for such termination shall be
deemed to commence on the date of issuance of the stop work order. In the
event the County does not direct the Vendor to resume work within ninety (90)
days, the Vendor may terminate this Agreement.
XV.VENDOR WARRANTY
A.All products provided under this Agreement shall be new and of the most
suitable grade for the purpose intended.
B.If any product delivered does not meet performance representations or
other quality assurance representations as published by manufacturers,
producers or distributors of the products or the specifications listed in this
Agreement, the Vendor shall pick up the product from the County at no
expense to the County. The County reserves the right to reject any or all
materials if, in its judgment, the item reflects unsatisfactory workmanship
or manufacturing or shipping damage. In such case, the Vendor shall
refund to the County any money which has been paid for same.
XVI.MISCELLANEOUS
A.This Agreement constitutes the sole and complete understanding between
the parties and supersedes all other contracts between them, whether oral
or written, with respect to the subject matter. No amendment, change or
addendum to this Agreement is enforceable unless agreed to in writing by
both parties and incorporated into this Agreement.
B.The provisions of this Agreement shall inure to the benefit of and be binding
upon the respective successors and assignees of the parties hereto. A party
to this Agreement shall not sell, transfer, assign, license, franchise,
restructure, alter, or change its corporate structure or otherwise part with
possession or mortgage, charge or encumber any right or obligation under
this Agreement without the proposed assignee and/or party restructuring,
altering or changing its corporate structure agreeing in writing with the
non-assigning party to observe and perform the terms, conditions and
restrictions on the part of the assigning party to this Agreement, whether
express or implied, as if the proposed assignee and/or party restructuring,
altering or changing its corporate structure was an original contracting
Solicitation No. B220376LLP Page 8 of 23
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party to this Agreement. Notwithstanding the foregoing prov1s1on, the
Vendor may assign its rights if given written authorization by the County
and claims for the money due or to become due to the Vendor from the
County under this Agreement may be assigned to a financial institution or
to a trustee in bankruptcy without such approval from the County. Notice
of any such transfer or assignment due to bankruptcy shall be promptly
given to the County.
C.The exercise by either party of any rights or remedies provided herein shall
not constitute a waiver of any other rights or remedies available under this
Agreement or any applicable law.
D.The failure of the County to enforce one or more of the provisions of the
Agreement shall not be construed to be and shall not be a waiver of any
such provision or provisions or of its right thereafter to enforce each and
every such provision.
E.The parties covenant and agree that each is duly authorized to enter into
and perform this Agreement and those executing this Agreement have all
requisite power and authority to bind the parties.
F.Neither the County's review, approval or acceptance of, nor payment for,
the products and services required under this Agreement shall be construed
to operate as a waiver of any rights under this Agreement or of any cause
of action arising out of the performance of this Agreement.
G.If the Vendor is comprised of more than one legal entity, each entity shall
be jointly and severally liable hereunder.
H.When any period of time is referred to by days herein, it shall be computed
to exclude the first day and include the last day of such period. When the
period of time is fewer than three (3) days, it shall mean business days as
defined by Lee County. If the period of time is greater than three (3) days,
then it shall mean calendar days. For any period of time greater than seven
(7)days, where the deadline falls on a Saturday, Sunday, or Lee County
recognized holiday, the deadline will then fall to the next Monday or non
Lee County recognized holiday
Solicitation No. B220376LLP Page 9 of 23
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I.Any notices of default or termination shall be sufficient if sent by the parties
via United States certified mail, postage paid, or via a nationally recognized
delivery service, to the addresses listed below:
Vendor's Representative County's Representative
Name: Wendall Stroderd
Title:
President/Owner
Address: 7619 Coral Drove
W.Melbourne, FL 32904
Telepho ne: 321/285-8 878
Facsimile:
Email: wendall@tankwizards.com
Names: Roger Desjarlais
Titles: County Manager
Address: P.O. Box 398
Fort Myers, FL 33902
Mary Tucker
Procurement
Management Director
Telephone: (239) 533-2221 (239)533-8881
Facsimile: (239)485-2262 (239) 485-8383
Email: rdesjarlais@leegov.com mtucker@leegov.com
J.Any change in the County's or the Vendor's Representative will be promptly
communicated by the party making the change.
K.Paragraph headings are for the convenience of the parti es and for reference
purposes only and shall be given no legal effect.
L.In the event of conflicts or inconsistencies, the documents shall be given
precedence in the following order:
1.Agreement
2.County's Purchase Order
3.Solicitation
4.Vendor's Submittal in Response to the Solicitation
[The remainder of this page intentionally left blank.]
Solicitation No. B220376LLP Page 10 of 23
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
last below written.
WITNESS:
SignedB�
Print Name:�,,,
�'''''"""""'''« ��, tO!! ...
� I SE
� .....�, ... � .. . .....
I �
Chris Jagoc:tznskl
TO (}��� ��RrtT
LEE CO N
BY: ____..,__,,,,,c-�-------=---=-------==---
Signed B� __ _..:::....._ _____ _
Print Name:��// ��JJe r/
Title: ��.,ft�""./-
Date: �3/4 2t
LEE COUNTY
HE COUNTY ATTORNEY
Solicitation No. B220376LLP Page 11 of 23 •
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EXHIBIT A
SCOPE OF WORK AND SPECIFICATIONS
SCOPE OF WORK AND SPECIFICATIONS
1.GENERAL SCOPE OF WORK
1.1. Lee County Board of County Commissioners seeks to contract with a qualified Vendor to provide fuel tank
cleaning and fuel polishing services to the County on an as needed basis.
1.2. The list found in Attachment I is a description of the tanks and locations covered under this Agreement. Site locations and fuel tanks may be added or deleted to this Agreement, as necessary. All Gallon capacities
referenced in Attachment 1 represent tank capacity and should not be representative of actual gallon of fuel
contained therein or to be cleaned.
2.GENERAL INFORMATION
2.1 Vendor shall furnish and bear all expenses for labor, materials, supervision, equipment, permitting, transportation,
insurance, and tools to pe1form all services as required under this Agreement.
2.2 The Vendor shall supply a minimum of two (2) workers, for a given project, depending on project needs. The
County is unable to supply the Vendor with a helper when performing contractual duties.
2.2.1 The Vendor shall be fully responsible for all safety measures relating to cleaning and polishing
processes. This includes, but is not limited to, the provision of adequate ventilation arrangements in
confined spaces to deal with any hazardous atmospheres created by the processes, the earthing and
bonding of equipment and the provision of the correct personal and respiratory protective equipment for
the working environment
2.3 Vendor shall provide emergency service twenty-four (24) hours a day, seven (7) days a week.
2.4 This Agreement requires strict adherence to the Florida Administrative Code (FAC) Chapter 62-762 rule: "Above
Ground Storage Tank Systems" and 62-761 rule: "Underground Storage Tank Systems". The Vendor shall be
considered an expert in the industry and shall provide to the County notifications of changes to compliance
requirements for fueling systems, treatment of tanks and management of all fuel storage equipment.
2.5 All work shall be performed complying with all recommended safety practices by the Occupational Safety and
Health Administration (OSHA), Environmental Protection Agency (EPA) and the National Fire Protection
Association (NFPA).
2.6 Fuel tanks shall be tested and cleaned Monday through Friday 7 AM to 5 PM. Departments can schedule outside
this timeframe depending on the need.
3.INVOICES
3.1 Invoices must include the following:
•Department
•P.O. Number
•Work Site
•Address
•The body of the invoice shall state the detailed work completed.
4.QUALIFICATIONS
4.1 Vendor shall have a minimum of three (3) years' experience and provide three (3) references of similar size and
scope.
4.2 Hold the current registrations listed below from the Florida Department of Environmental Protection (FDEP):
•Used Oil Transporter
•Transfer Facility
•Filter Transporter
•Filter Transfer Facility
4.2.1 Copy of Registration should be submitted with the bid submittal or within three (3) days of the County's
request. Annual renewals must be maintained by the Vendor during the entire Agreement period. Failure to
provide cmTent registration within the required timeframe may result in the County deeming the Vendor as
non-res onsive.
B220376LLP -FUEL & TANK CLEANING/INSPECTION
Solicitation No. B220376LLP Page 12 of 23
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4.2.2 Any subcontractors employed by the Vendor shall be licensed and insured and ensuring their petformance in accordance with the requirements of this solicitations is the responsibility of the Vendor. 9.DEPARTMENTSEach Department has different needs and the schedules as listed below:10.1 Utilities10.1.1 Testing is required on diesel fuel tanks over 1,000 gallons every six-months. 10.1.2 Fuel polishing is on an as needed basis. 10.2 Facilities Construction & 1vlanagement 10.2.1 Testing is required on diesel fuel tanks over 500 gallons annually. 10.2.2 Fuel polishing is on an as needed basis except for the following locations, these facilities will receive fuel polishing immediately after the fuel test. •Emergency Operations Center•Public Safety Building•Emergency Communication Center10.3 Fleet 10.3.1 Fuel testing and polishing will be on an as needed basis for the fuel tanks at the Fleet facility. 10.3.2 Fuel testing for the backup generators will be annually. 10.3.3 Fuel Polishing for the backup generators will be on an as needed basis. 11.ADDITIONAL INSTRUCTIONS11.1 Since the County's infrastructure is always evolving, the locations, quantities, types, and physical locations offuel storage systems serviced by this Agreement may change over time. The County shall keep the Vendor apprised of such changes as they occur. The County reserves the right to add/delete locations and units. 11.2 When a County representative requests the services of draining any used or wasted petroleum products from a tank or container, the Vendor shall remove the contents of the tank with no more than two (2) inches of remaining contents. 5.TECHNICAL SPECIFICATIONS
5.1 TESTING/AUDIT PROCESS 5.1.1 Complete a field report of the fuel and covered equipment's condition, including, but not limited to: •Emergency vents•Vent tube•Fuel gauge•Fill cap•Drop/fill tubes•Gaskets5.1.2 Take a fuel sample from the bottom part of the tank and conduct an interior video inspection of tank. 5.2 ANALYSIS REPORTS 5 .2.1 Provide an analysis report, analysis testing to include: 3.3.1. Bacteria, sediment & water percentage volume 3.3.2. API Gravity@ 60F 3.3.3. IBP ASTMD86 3.3.4. Distillation percentage recovei·ed at IO-percent, 50-pei·cent, and 90-percent 3.3.5. End point 3 .3 .6. Percent residue 3.3.7. Cetane 3.3.8. Sulfur (in ppm) 3.3.9. Bacteria -B220376LLP-FUEL & TANK CLEANING/INSPECTION
Solicitation No. B220376LLP Page 13 of 23
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5.2.2 Vendor shall supply all analysis results to the County designee, this includes pre-samples. The County designee will decide if fuel polishing by filtering the fuel or by fuel extraction is required. If fuel extraction is required, Vendor must possess all licenses and current certification required by any governing bodies. 5.3 CLEANING/POLISHING PLUS INHIBITOR/ FINAL ANALYSIS5.5.1 Fuel Polishing (filtering the fuel) 5.3.2 Vendor shall complete a six-stage closed loop filtration system, or similar system, to include: •0. 5/ l-micron bag filter under suction•(3) I-micron bag filters under suction•Filtration from 1 to 0.5-micron canister; under pressure•Oil /water separation through coalescing unit; under pressu re•Final pass through (2) water absorption filters5.3.3 The Vendor shall set up suction and discharge hoses to create a flow through filtration process. Fuel shall be drawn from the low point, processed through the filtration unit, and returned to the opposite end of the tank. During the suction process, the Vendo r shall move the suction wand around the tank to reach as much of the tank residues as possible. The amount of fuel within each tank shall be turned over ( or processed) as many times as necessary, until the fuel is clean: •500-gallons processed three (3) times equals 1,500 gallons filtered. Fuel filter size shall bedetermined based on the quantity and type of contaminants. The final filtration shall be with a two (2)to five (5) micron level and treated with FQS 1.5 Biocide and a Fuel Catalyst with lubricity enhancer(Power Max Plus) to rebuild the fuel.5.3.4 Remove water, microbiological growth, and sludge contamination from covered equipment. 5.3.5 Add bacterial and fungal growth inhibitor to tank two (2) to three (3) weeks before cleaning and right after cleaning. 5 .3 .6 Properly dispose of sludge, waste and waste associated to the service 5.3.7 Verify proper operation. 5 .3 .8 Vendor shall sample the bottom of the tank after the filtering is complete to verify all contaminants have been removed and an analysis will be done of the fuel checking the following: •Octane and cetane levels•Particulate levels•Microbe test•A fuel sample will be sent to a third-party laboratory for additional AS1M Analysis.5.4 DISPOSAL 5.4.1 If fuel and waste is extracted from a fuel tank, it is considered hazardous waste and shall only be handled by a company authorized to do so. All hazardous waste must be disposed of at an approved regulated facility. 5.4.2 Vendor shall transport and dispose of any used or wasted petroleum products in accordance with all applicable local, county, state, and/or federal regulations. Vendor shall provide proof of registered Used Oil Handlers approval as required in Section 4.2.1. 5.5 BIOCIDE ADDITIVES 5.5.l Biocide shall be used to kill microbial growth and the Vendor shall follow manufacturer's instruction for the recommended dose (i.e., one (1) gallon ofFQS 1.5 Biocide per 10,000 gal of fuel minimum). End of Scope of Wark and Specifications Section
... B220376LLP-FUEL & TANK CLEANING/INSPECTION
Solicitation No. B220376LLP Page 14 of 23
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ATTACHEMENT 1
Sile# Focili!Y Nome/Address Ci!Y State. ZiQ Site# Tank# AST/UST Install Year
Lee Cnty-Oept OfTrans & Engin # I 1 AST 2004
190 Evergreen Rd 2 AST 2004
North Fort Myers, FL 33903
Lee Cnty-Corkscrew Wtp 2 1 AST 1991
1610 I Alica Rd 2 2 AST 1996
Fort Myers, FL 33913
Lee Cnty AWWTP-Fieslo Village 3 1 AST 2012
1366 San Saudi Dr 3 2 AST 2015
Fort Myers, FL 33919
Lee Cnty Wlp-Waterwey I AST 1985
4271 Saint Clair Ave W 4 2 AST 2012
North Fort Myers, FL 33903
Lee Cnty WTP-Green Meadows 5 AST 2007
Reeves Rd
Fort �tyers. FL 33912
Lee Cnty Util-S Water Dist 6 AST 1997
6500 South Ponte Blvd
Fort Myers, FL 33333
Lee Cnty Ulil-Olga WTP AST 1998
1450 Werner Dr
Alva, FL 33920
Lee Cnty Util-N Water Dist 8 AST 1998
7351 Samville Rd
North Fort Myers, FL 33902
Lee Cnty-WW Collection Pump 9 AST 1997
Slot #482, Sr 80
Fort Myers, FL 33905
Lee Cnty-WW Collection Pump "ID AST 1997
Slat #480
Ballard Rd & Markland
Fort Myers, FL 33916
Lee Cnty-Ww Collection Pump Slat #481 "11 AST 1997
SR 80 & Louise St
Fort Myers, FL 33905
Lee Cnty Justice Ctr ·12 I UST 2005
1700 Monroe St ·12 2 UST 2003
Fort Myers, "FL 33902
Lee Cnty-Vehicle Moinl 13 UST 1991
2955 Van Buren St 13 2 UST 1991
Fort Myers, FL 33901 13 3 UST 1991
13 4 AST 2005
13 5 AST 2007
Lee Cnty Lehigh Depot '14 I AST 1993
6S0·J Industry Ave 14 2 AST 1993
Lehigh Acres, FL 33936
Lee Cnty-Solid Waste Resource 15 AST 1994
Recovery Fae ·JS 2 AST 2010
10500 Buckingham Rd ·15 3 AST 2010
Fort Myers, FL 33905
8220376LLP - FUEL TANK CLEANING/INSPECTION
.. B220376LLP-FUEL & TANK CLEANJNG/INSPECTION
Solicitation No. B220376LLP
capacity Contents
5,200 Unleaded Gas
5,200 Vehicular Diesel
2,000 Emerg Generator Diesel
6,000 Emerg Generolor Diesel
2,000
4,600 Emerg Generalor Diesel
1,800
2,000 Emerg Generator Diesel
6,000 Emerg Generalor Diesel
1,000 Emerg Generalor Diesel
6,000 Emerg Generator Diesel
6,000
2,000 Emerg Generator Diesel
3,000 Emerg Generator Diesel
2,000 Emerg Generalor Diesel
15,000 Emerg Generalor Diesel
6,000 Emerg Generalor Diesel
t0.000 Unleaded Gas
4,000 Vehicular Diesel
10,000 WosteOil
1,000 Emerg Generator Diesel
1,000 New/Lube Oil
500 Unleaded Gas
2,000 Vehicular Diesel
1,000 Vehicular Diesel
10,000 Vehicular Diesel
2,000 Unleaded Gas
PAGE1OF4
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ATTACHEMENT 1
Site• Focility Nome/Address Ci!)! !;!t2\e Z:i� Site# Tank# AST/UST Install Year Capacity Contents
Midpoint Toll Plaza 16 I AST 1997 1,000 Emerg Generator Diesel
1930 SE 23rd Ter
Cape Coral. FL 33990
Lee Cnty-WWTP 17 AST 199!1 10,000 Emerg Generator Diesel
17 I 55 Pine Ridge Rd
Fort Myers, FL 33931
Lee Cnty Dot-operations Cir 18 I AST 2004 10,000 Unleaded Gos
5560 Zip Or 18 2 AST 2000 10,000 Vehicular Diesel
Fort �Ivers, FL 33905
Lee Cnty-Ptne Island WWTP 19 AST 200 I 2,175 Emerg Generator Dias.el
6928 Slnngfellow Rd
SI Jomes City, FL 33956
Lee Hendry Regionol Solid 20 I AST 2002 8,000 Vehiculm Diesel
Waste Disposal Foe 5500 Church Rd 20 2 AST 2015 8,000 Veh1ruli1r Diesel
Feldo, FL 33930
Lee Cnty-Three Oaks W1•.1p 21 I AST 1994 250
18521 Three Ooks Pkwy 21 2 AST 2000 150
Estero. FL 33928 21 3 AST 2003 1.400
Lee Cnty-Pinewoods Wlp 22 AST 2008 7,200 Emerg Generotor Diesel
I I 950 Corkscrew Rd 22 2 AST 2003 1,400
Estero. FL 33928
Lee Cn\y-Goleway Wwtp 23 AST 1£19�1 I.ODO
I 3240 Griffin Dtive 23 2 AST 2010 6,000 Emerg Generator Diesel
Fort �lyers, FL 339'13
Lee Cnty-�led1cal Examiner 24 AST 2004 2,500 Emerg Genert1tor Diesel
70 Donley Dr
Fort Myers, FL 33333
Lee Cnty-WW Collection Pump 25 AST 2003 I.ODO Emerg Generator 01esel
Slalion "263 806 South St
Fort �lyers, FL 33931
Cape Coral City Toll Plaza 26 AST 2007 I.ODO
10100 College Pkwy
Fort Myers, FL 33931
Lee Cn\y Public Solely Bldg 27 AST 2007 10,000 Emerg Generator Diesel
14750 Six �lile Cypress Pky
Fort Myers, FL 33912
Lee Cnty Stockade 28 AST 200 I 2.000 EmE:!rg Generator Diesel
250 I Ortiz Ave 28 2 AST 2008 8,000 Emerg Generator Diesel
Fort �lyers, FL 33005 28 3 AST 2004 5,200 Emerg GenerJ.tor Diesel
Lee Cnty-Gun Ronge Sile B 29 AST 200:, 2,000 Emetg Gen1;1rntor Oies1;1I
6570 Easl Ave
Fort Myers, FL 33!•05
Lee Cnty Bocc-A1rport Haul Reservoir 30 I AST 2005 6,000 Emerg Generator Diesel
16000 Airpolt Haul Rd 30 2 AST 2009 6,000 Emerg Generator Diesel
Fort �lye1s, FL 33912
8220376LLP -FUEL TANK CLEANING/INSPECTION PAGE 2 OF 4
B220376LLP-FUEL & TANK CLEANING/INSPECTION
Solicitation No. B220376LLP Page 16 of 23
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Docusign Envelope ID: B2FDF634-2DE2-4A1C-A766-B4B163101DE4
ATTACHEMENT 1
Sile# Facili!l! Name/Address Ci!l! Stole ZiQ Site# Tank# AST/UST Install Year Capacity Contents
Lee Cnty-NOflh Lee Cnty Ro Wtp 31 1 AST 2005 12,000 Emerg Generator Diesel
18250 Durrance Rd 31 2 AST 2005 3,000 Emerg Generator Diesel
North Fort Myers, FL 33917 31 3 AST 2011 4,500 Emerg Generator Diesel
Lee Cnty-Eme,g Oper Ctr 32 1 AST 2016 1,845
2665 Ortiz Ave 32 2 AST 2012 12,000 Emerg Generator Diesel
Fort Myers, FL 33905 32 3 AST 2012 12,000 Emerg Generator Diesel
32 4 AST 2012 12,000 Emerg Generator Diesel
Lee Cnty-Sambel Toll Fae
18700 Mcgregor Blvd 33 AST 2007 1,000 Generator/Pump Diesel
Fort �tyers, FL 33908
Lee Cnty Bocc -Pine Ridge Rd Govt Complex
15660 Pine Ridge Rood 34 AST 2009 6,000 Unleaded Gas
Fort Myers, FL 33908 34 2 AST 2009 6,000 Generator/Pump Diesel
Lee Cnty Adminislralion Easl
220 I Second Street 35 AST 2009 3,000 Emerg Generator Diesel
Fort Myers, FL 33901
Lee County 5 Plex Player Development Facility
4301 Edison Ave 36 AST 2009 500 DieseVUnleoded Gasoline
Fort Myers, FL 3391 G
Lee Cnty BoCC-EMS Hangar Foe
2390 N. Airport Road 37 AST 2009 1,475 Emerg Generator Diesel
Fort Myers, FL 33907
Public Works Bldg
1500 Monroe Street 38 AST 2009 300 Diesel
Fort Myers, FL 3390 I
Lee County Conslilubonol Bldg
2480 Thompson Slreet 39 AST 2009 500 Diesel
Fort Myers, FL 33901
Lee Cnty Admtn Bldg
2115 Second Slreet 40 AST 2010 1,400 Emerg Generator Diesel
Fort Myers, FL 3390·1
Lee Cnty-San Carlos Wwtp
18078 Cypress Point Rd 41 AST 2006 366 Emerg Generator Diesel
Fort Myers, FL 33967
Lee Cnty Bocc-Lifl Stot #2237
17061 John Manis Rd 42 AST 2005 600 Emerg Generator Diesel
Fort Myers, FL 33908
Lee Cnty Bocc-Lifl Slat #3345
12720 � lelro Pkwy 43 AST 2012 GOO Emerg Generator Diesel
Fort Myers, FL 33966
Lee Cnty Bocc-Lifl Slat 1<6600
779 Pondella Rd 44 AST 2012 1,000 Emerg Generator Diesel
Fort Myers, FL 33903
Lee Cnty Bocc-Lift Stat #4487
4481 UndetWOOd Drive 45 AST 2013 600 Emerg Generator Diesel
Fort Myers, FL 33905
Nim Rec Ctr
2000 N Recreation Pkwy 46 AST 2013 600 Emerg Generator Diesel
North Fort Myers, FL 33903 46 2 AST 2013 3,000 Emerg Generator Diesel
Lee Cnty Erner Opr-Boma S� Ymca
27200 Kent Road 47 AST 2003 750 Emerg Generator Diesel
Bonita Springs, FL 34135
B220376LLP -FUEL TANK CLEANING/INSPECTION PAGE 3 OF 4 -I B220376LLP-FUEL & TANK CLEANING/INSPECTION
Solicitation No. B220376LLP Page 17 of 23
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Docusign Envelope ID: B2FDF634-2DE2-4A1C-A766-B4B163101DE4
ATTACHEMENT 1
Site# Foc11Jty Nnme•Address Ci!Y Stote. Zi� SIie # Tank# AST/UST Install Year
Lee Tran-Admln-Oper & Malnt Facility
3401 Metro Parkway 48 I AST 2014
Fort Myers, FL 33901 48 2 AST 2014
48 3 AST 2014
48 4 AST 2014
48 5 AST 2014
Lee Cnly Transrt Syslem
6035 Landing View Rd 49 AST "19f13
Fort Myers. FL 33905 4� 2 AST 1996
49 3 AST 19fl6
Estero Recre.Jtion Center
9200 Corkscrew Palms Blvd 50 AST 2005
Estero, FL 33928
Lee Bocc-Emer Opr-Germain Arenil
t 1 ooo Everblades Pkwy 51 AST 20 IS
Estero, FL 33928
8220376LLP · FUEL TANK CLEANING/INSPECTION
-B220376LLP-FUEL & TANK CLEANING/INSPECTION
Solicitation No. B220376LLP
Capacity Contents
20,000 Vehicular Diesel
20,000 Vehicular Diesel
10,000 Unleaded Gas
10,000 Emerg Generotor Diesel
1,000 WosleOil
1,000 Waste Oil
4,000 Unleaded Gos
20.000 Vehiculm Diesel
3,000 Emerg Generotor Oi&sel
4,000 Emerg Generator Diesel
PAGE4OF4
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Docusign Envelope ID: B2FDF634-2DE2-4A1C-A766-B4B163101DE4
SPECIAL CONDITIONS These are conditions that are in relation to this solicitation only and have not been included in the County's Standard Terms and Conditions or the Scope of Work 1.TERM1.1 The Vendor shall be responsible for furnishing and delivering to the Lee County requesting Department(s) thecommodity or services on an "as needed basis" for one (1) three (3) year period. Upon mutual written agreement of both parties, the parties may renew the Agreement, in whole or in part, for a renewal term or terms not to exceed the initial Agreement term of three (3) years. The increments of renewal shall be at the sole discretion of the County as deemed in its best interest. 2.BASIS OF AWARD2.1 The basis of award shall be determined by the lowest Project Total of the most responsive, responsible, andqualified Vendor meeting all bid specifications. 2.2 Vendors shall bid all line items within both categories (Fuel & Tank Cleaning/Inspection, Biocide Additives). Failure to do so may result in a non-responsive determination at the County's discretion. 3.ESTIMATED QUANTITIES3.1 Quantities provided on the bid schedule are estimated. Services for each location will be on an as needed basis asdetermined by the County. 4.PRICING4.1 Tbis is an annual contract, which is not for any specific project. Work will be authorized, scheduled, funded, andaccounted for by the issuance of a Purchase Order, by the requesting department(s) or other government entity. 5.ANNUAL PRICE ADJUSTMENTS5.1 Price adjustments, if agreed to by the County, (whether an increase or decrease) will be based on the change in theConsumer Price Index for the preceding 12-months as calculated and published by the United States Department of Labor. 6.REQUIRED SUBMITTALS/DOCUI.\IIENT ATION6.1 Vendor is requested to provide with bid submittal the below items. The County reserves the right to requestadditional documentation of clarification at any poi nt prior to award and during term of Agreement, inclusive of any renewals. Failure to provide requested submittal documents in a timely manner, at the sole discretion of the County, may deem Vendor non-responsive and ineligible for award, renewal, or continuation of services. 6.1.1 Primary contact number, name and 24/7 emergency contact number. 6.1. 2 Verification of registration as a Used Oil Transporter, Transfer Facility, Filter Transporter, and Filter Transfer Facility by the Florida Department of Environmental Protection (FDEP). (40 CFR 279.40 & 49 CFR 171-180) End a/Spec ial Conditions Section
-B220J76LLP-FUEL & TANK CLEANING/INSPECTION
Solicitation No. B220376LLP Page 19 of 23
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Docusign Envelope ID: B2FDF634-2DE2-4A1C-A766-B4B163101DE4
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EXHIBIT B
FEE SCHEDULE
FUEL & TANK CLEANING/INSPECTION
CATEGORY 1: FUEL & TANK CLEANING/INSPECTION
TESTING/ CLEANING/
TANK SIZE ANALYSIS POUSHING PLCJS ITE.J.lf Al}JJIT (GAL.) REPORTS 11\lHIBITORIFINAL FEE ANALYSIS
LOI ·0-500 $ 300.00 INCLUDED $ 150.00 1.02 501-1000 $ 300.00 INCLUDED $ 1,000.00 1.03 1001-2500 $ 300.00 INCLUDED $ i,500.00 1.04 2501-4000 $ 300.00 INCLUDED $ 2,000.00 1.05 4001-7000 $ 300.00 INCLUDED $ 2,500.00 1.06 7001-9000 $ 300.00 INCLUDED $ 3,000.00 1.07 9001-10500 $ 300.00 :INCLUDED $ 3,300.00
I.OS 10501-12000 $ 300.00 INCLUDED $ 3,500.00 1.09 12001-14000 $ 300.00 INCLUDED $ 4,000.00 1.10 14000--1,6500 $ 300.00 INCLUDED $ 4,750.00 1.11 >16501 $ 300.00 INCLUDED $ 5,500.00 CATEGORY 2: BIOCIDE ADDITIV'ES Brand of Biocide: FQS 1.5 Type of Biocide: Microbicide Antimicrobial Treat Rate: 1:10,000
Description Price Biodde Treatment per 1 00 gallons $ 28.60 of fuel treated: Name of Disposal Site
Aqua Clean Environmental and Petrotech Southeast
-.
DISPOSAL
FEE
$ 1.19 $ 1.19 $ 1.19 $ 1.19 $ 1.19 $ 1.19 $ 1.19 $ 1.19
$ 1.19 $ 1.19 $ 1.19 I
Solicitation No. B220376LLP Page 20 of 23
Contract Packet - 29 of 37
Docusign Envelope ID: B2FDF634-2DE2-4A1C-A766-B4B163101DE4
EXHIBIT C
INSURANCE REQUIREMENTS
SLEECOUNTY
SOIITHWF�T Fl ORIOA
Lee County Insurance Requirements
iuducling Pollution Liability
:llinimum Insw·ance Requirt-ments: Risk Jfa11age111ent i11 110 way rq,rest11ls that the
i11mra11ce rtq11irtd is mfficie11t or adequate ro protect tl,e 1•r11dors' i11tertsl or liabilities. Tht
followi11g are Ille required mi11i11111111s tht 1·e11dor 111ml 111oi11tai11 thro11gho111 the d11ratio11 of
tl,is co11tract. Tl,e Co1111t,· resen·es Jl,e right to req11est addiTio11al doc11nw1totio11 regardi11g
hm1ro11ce prol1dtd
a.Commercial General Liabilin· -Coverage shall apply to premises and/or operatioru.,
products and completed operations, independent contractors, contractual liability
exposures '11ith minimwn limits of:
$1,000,000 per occurrence
$2,000,000 general aggregate
$1.000.000 products and completed operations
$L0OO,000 personal and advertising injury
b.Bu,;iness Auto Liabilltv -Toe following Automobile liability will be required and
coverage shall apply to all owned, hired and non-owned vehicles use with minimum
limits of
$1.000,000 combined single limit (CSL)
(. Wo1·kers' Compemarion -Statutory benefits as defined by FS 440 encompassing all
operations contemplated by this contract or agreement to apply to all owners. officers,
and employees regardless of the number of employees. Workers Compensation
exemptions may be accepted with written proof of the State of Florida's approval of such
exemption. Employer.;' liability v.ill have minimwn limits of:
$500,000 per accident
$500,000 disease limit
$500.000 disease -policy limit
d.PoJlurion Liabilitv -Covering property loss and liability arising from pollution-related
damages, for sites that have been inspected and found uncontaminated. Transporter
mo'1ing hazardous products or waste as cargo aboard the transporter's truck:
S 1,000,000 bodily injury / property damage/ cleanup, including wrongful delivery.
*Tl1e required m;11i,1111m lh11it of liability sl,otl!II i11 a. or b. may bt pr01•ided i11 tl1e form of
"E.\'cess J11sura11ce" or "Commercial l'l11brello Policies." 111 w!,itll case, a "Follon·i11g Form
E11dorse111e111" will bt required 011 tlu "E.\'ctss Im11ra11ce Polity" or ''Commercial l:mbrella
Policy."
Revised 07/1612018 -Page 1 of2
Solicitation No. B220376LLP Page 21 of 23
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Docusign Envelope ID: B2FDF634-2DE2-4A1C-A766-B4B163101DE4
SOIJTHWF'-T Fl ORlT /\
Ye1ification of Conraie:
1.Coverage shall be in place prior to the -commencement of any .vork and throughou t the
duration of the contract. A certificate of insurance \Vill be provided to the Risk Manager
for review and approval. The certificate shall provide for the following:
a.The certificate holder shall read as follows:
Lee County Board of County Co mmi,;sioners P.O. Box 398
Fon i\lyers, Holida 33902
b.'Lee Corm(r, a po/Weal subrlfrision mu/ Charter County of the S1ate of Florida, ilS
agents, emplo rees, and public offidals" will be named as an "Additional Insw·ecl"on the General Liability policy, including Products and Completed Operation<;conrage.
c.Lee County wiU be given notice prior to cancellat ion or modification of anystipulated insurance. Such notification will be in ,:i.,riting by registered mail. return
receipt requested and addressed to the Risk Manager (P.O. BOX 398 Ft. Myen:., FL
33902).
Special Requirements:
1.An appropriate "Indemnification" clause shall be mack a provision ofthe contrac t.
2.It is the re-sponsibility of the general contractor to mS1.ire that all subcontractors comp]y
1,vith all insur.mce requirements.
Revised 07/16/2018-Page 2 of2
Solicitation No. B220376LLP Page 22 of 23
Contract Packet - 31 of 37
Docusign Envelope ID: B2FDF634-2DE2-4A1C-A766-B4B163101DE4
EXHIB IT D
VENDOR BACKGROUND SCREENING AFFIDAV IT
VENDOR BACKGROUND
SCREENING AFFIDAVIT
Florida Statutes Chapter 435 governs required background screenings for any employees,
contractors, subcontractors, or agents of the Vendor who will have contact with any vulnerable
person, as defined by statute, or who otherwise are required to undergo a Level 1 or Level 2
background screening in accordance with Florida law.
The Vendor is responsible for ensuring that such required background screenings are conducted
in accordance with Florida Statutes Chapter 435. Documentation of such completed background
screenings must be maintained for a period of no less than five (5) years and are subject to audit
by Lee County at any time during such five (5) year period.
Under penalty of perjury, I declare that I have read and understand the requirements stated
above, and that all required background screenings shall be conducted in accordance with
this affidavit. I further understand that there may be additional local, state, and federal
regulations that may require background screening, and that the Vendor will be solely
responsible for complying with such legal requirements. Furthermore, the Vendor shall
indemnify and hold Lee County harmless from any and all claims or actions resulting from failure
to comply with this affidavit.
Date:
STATE OF A�� I COUNTY OF 1,ie4(DIA"'�
-
Signature
1,2�,.&/f" .J.&��;,.P �e.P Name/Title
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of �hysical
presence or □ online notarization, this /31"1aay at� 2JJ� by the above-named person and in their stated capacity, and is either personally knowniorru; or who has produced the following type of identification:------------------� Type of Identification
[Stamp/seal required]
.. �f¾:•. MICHELLE L FOYE i�&}�i MYCOMMISSION#HH2386.16\..♦,· �,·. '--7.1..,..�,f� EXPIRES: July 10, 2026
lH1h\
Solicitation No, B220376LLP Page 23 of 23
Contract Packet - 32 of 37
Docusign Envelope ID: B2FDF634-2DE2-4A1C-A766-B4B163101DE4
P.O. Box 398, Fort Myers, Florida 33902-0398 Phone: (239) 533-2111
www.leegov.com
AN EQUAL OPPORTUNITY EMPLOYER
April 25, 2025
Mr. Wendall Stroderd
Tank Wizards, Inc.
7619 Coral Dr
West Melbourne, FL 32904
SUBJECT: Renewal of Annual Contract No. B220376LLP
Fuel & Tank Cleaning/Inspection
Dear Mr. Stroderd:
This is to inform you that Lee County has agreed to renew the above subject contract for an
additional one (1) year period, from 10/18/25 through 10/17/26.
We are hereby extending the annual contract for an additional one-year period under the
same terms and conditions as the original award.
If you have any questions regarding this letter, please contact me at (239) 533-8871.
Sincerely,
Kimberly Urban
Kimberly Urban
Contracts Analyst
Procurement Management Division
C: Project File
Kevin Ruane
District One
Cecil L. Pendergrass
District Two
David Mulicka
District Three
Brian Hamman
District Four
Mike Greenwell
District Five
Dave Harner, II
County Manager
Richard Wesch
County Attorney
Donna Marie Collins
County Hearing
Examiner
Contract Packet - 33 of 37
Docusign Envelope ID: B2FDF634-2DE2-4A1C-A766-B4B163101DE4
March 26, 2025 239-533-8871
Mr. Wendall Stoderd
Tank Wizards, Inc.
7619 Coral Dr
West Melbourne, FL 32904
Subject: Renewal of Annual Contract B220376LLP
Fuel & Tank Cleaning/Inspection
Dear Mr. Stroderd:
The above-referenced annual contract will expire on October 17, 2025, unless renewed.
Lee County is requesting that this annual contract be renewed for an additional one-year
period (10/18/25 – 10/17/26). Therefore, we are requesting that you choose one of the
following options and return this letter to Lee County Procurement Management, Attn:
Kimberly Urban, P.O. Box 398, Ft. Myers, FL 33902-0398, (Fax: 239-485-8383 or email
kurban@leegov.com ), within 15 calendar days from receipt. Failure to return by April 14,
2025, may, at the County’s sole discretion, result in contract cancellation and/or rebid of
solicitation.
a. I want to continue performing under this annual contract for an
additional one-year period under the same terms and conditions as agreed upon in the
above-referenced project.
As a condition of this renewal, the vendor agrees to provide Lee County with an
updated insurance certificate upon expiration of the original certificate on file with
the County.
b. I am not interested in extending this contract for an additional
one-year period. Why?
Each individual signing this Agreement directly and expressly warrants that he/she has been given and
has received and accepted authority to sign and execute the Agreement on behalf of the party for whom
it is indicated he/she has signed, and further has been expressly given and received and accepted
authority to enter into a binding agreement on behalf of such party with respect to the matters contained
herein and as stated herein.
Kevin Ruane
District One
Cecil L. Pendergrass
District Two
David Mulicka
District Three
Brian Hamman
District Four
Mike Greenwell
District Five
Dave Harner, II
County Manager
Richard Wm. Wesch
County Attorney
Donna Marie Collins
County Hearing
Examiner
Docusign Envelope ID: 6B870D9F-784E-4FEB-8712-DA45CA952C2E
✓
Contract Packet - 34 of 37
Docusign Envelope ID: B2FDF634-2DE2-4A1C-A766-B4B163101DE4
Page 2 Renewal of Annual Contract B220376LLP
Vendor: Lee County:
Signature Signature of Authorized Official
Procurement Management Director
Title Title
Date Date
President/Owner
04/24/2025
Docusign Envelope ID: 6B870D9F-784E-4FEB-8712-DA45CA952C2E
4/24/2025 | 1:27 PM EDT
~'"""'"' ~.)jj~
770F0BOE35Ql:l AA 4 Q
Contract Packet - 35 of 37
Docusign Envelope ID: B2FDF634-2DE2-4A1C-A766-B4B163101DE4
Exhibit B
B220376LLP Pricing
Contract Packet - 36 of 37
Docusign Envelope ID: B2FDF634-2DE2-4A1C-A766-B4B163101DE4
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EXHIBIT B
FEE SCHEDULE
FUEL & TANK CLEANING/INSPECTION
CATEGORY 1: FUEL & TANK CLEANING/INSPECTION
TESTING/ CLEANING/
TANK SIZE ANALYSIS POUSHING PLCJS ITE.J.lf Al}JJIT (GAL.) REPORTS 11\lHIBITORIFINAL FEE ANALYSIS
LOI ·0-500 $ 300.00 INCLUDED $ 150.00 1.02 501-1000 $ 300.00 INCLUDED $ 1,000.00 1.03 1001-2500 $ 300.00 INCLUDED $ i,500.00 1.04 2501-4000 $ 300.00 INCLUDED $ 2,000.00 1.05 4001-7000 $ 300.00 INCLUDED $ 2,500.00 1.06 7001-9000 $ 300.00 INCLUDED $ 3,000.00 1.07 9001-10500 $ 300.00 :INCLUDED $ 3,300.00
I.OS 10501-12000 $ 300.00 INCLUDED $ 3,500.00 1.09 12001-14000 $ 300.00 INCLUDED $ 4,000.00 1.10 14000--1,6500 $ 300.00 INCLUDED $ 4,750.00 1.11 >16501 $ 300.00 INCLUDED $ 5,500.00 CATEGORY 2: BIOCIDE ADDITIV'ES Brand of Biocide: FQS 1.5 Type of Biocide: Microbicide Antimicrobial Treat Rate: 1:10,000
Description Price Biodde Treatment per 1 00 gallons $ 28.60 of fuel treated: Name of Disposal Site
Aqua Clean Environmental and Petrotech Southeast
-.
DISPOSAL
FEE
$ 1.19 $ 1.19 $ 1.19 $ 1.19 $ 1.19 $ 1.19 $ 1.19 $ 1.19
$ 1.19 $ 1.19 $ 1.19 I
Solicitation No. B220376LLP Page 20 of 23
Contract Packet - 37 of 37
Docusign Envelope ID: B2FDF634-2DE2-4A1C-A766-B4B163101DE4