2015-10 FIRST AMENDMENT TO AGREEMENT FOR
COMPREHENSIVE FEE STUDY CONSULTANT SERVICES
THIS AMENDMENT is entered into as of this /D 7111 day of February 2015 and is to
that certain Agreement dated January 27, 2015, hereinafter"the Agreement", 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 TINDALE-OLIVER & ASSOCIATES, INC., 1000 North Ashley Drive, Tampa, FL
33602 hereinafter referred to as "CONSULTANT". The parties, in exchange for the mutual
covenants contained herein and in the Agreement, agree as follows:
1. This Amendment expressly modifies the Agreement and in the event of a
conflict, the terms and conditions of this Amendment shall prevail.
2. The Scope of Services and Compensation Schedule referred to and
incorporated into the Agreement is hereby amended to include a fire assessment study as more
particularly described in Attachment"A" attached hereto and incorporated herein.
3. All other terms and conditions set forth in the Agreement shall remain in
full force and effect and unchanged as agreed to by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set
forth below.
City of C ont Attest: /
.. _
Gail L. Ash, ayor Tracy Ackroyd, City Clerk IF .
Date. . ' - • r!5
Tindale-Oliver&Associates, Inc. Attest:
By: ___ 14$11/
f+�
Steven A. Tindale, Chief Executive Officer Corporate Secretary
CITY OF CLERMONT
FIRE ASSESSMENT STUDY
SCOPE OF WORK (1 /13/15)
Located in Lake County,just west of Orlando and north of Facility Master Plans in the past Tindale Oliver updated
Disney World, Clermont has a population of 30,000 within Lake County's fire assessment study in 2011 and is in the
approximately 15 square miles Over the past 20 years, process of updating it again this year,which provides us
the city's population quadrupled,from 7,200 to 30,000, an understanding of the Lake County Property Appraiser
and the city continued to experience growth even during and Tax Collector databases,which are an important part
the recent economic downturn of the study
In terms of taxable values per capita, the City of Clermont The fire assessment study for the City of Clermont will
experienced a significant increase between 1995 and take into consideration several variables, such as
2007,followed by a decline over the past few years
> Sample size of call data:Given that the sample size
Approximately 75 percent of the City's tax base consists
of incidents at non-residential land uses tends to be
of residential property.With this lack of diversity, it is
limited, it is important to use several years of call
difficult for the City to moderate fluctuations in ad
data in the analysis to determine a more consistent
valorem revenues
trend Data obtained from National Fire Incident
Given the reduction in the tax base and limited Reporting System (NFIRS) or directly from the Fire
diversification, alternative funding options such as Department will allow to conduct multiple years of
assessments and fees for services become more analysis
important than ever > Variation in level of effort and resources: Level of
The city is served by the Clermont Fire Department("Fire effort and resources needed to respond to an
Department"), which provides fire suppression, rescue, incident at certain land uses may be more extensive
basic and advanced life support, hazardous material than others In apportioning the cost among land
incident response,water rescue and other services The uses, it is important to recognize not just the number
Fire Department,provides services from 3 stations with of calls but also the level of resources and time
approximately 65 career personnel and 10 volunteer needed by each land use type For example, a
personnel The Department has an ISO rating of 3,which review of incident data characteristics in other
is achieved by less than 10 percent of jurisdictions in the communities suggests that average vehicle and staff
country time used on an incident is higher for industrial land
uses, while the frequency of calls from industrial land
Given the continuous growth Clermont has been uses is relatively low As such, relying solely on the
experiencing and reduction in tax base,the City is frequency may not capture total resources used by a
interested in establishing a fire assessment program to given land use.
fund its Fire Department and asked Tindale Oliver to
> Correct classification of calls by land use:Tindale
provide a scope of services
Oliver has developed database analysis techniques
The Tindale Oliver Team is very knowledgeable about to reference incident address data to the Property
special assessment studies In addition, we understand Appraiser and/or Tax Collector database to classify
fire department operations and have prepared Fire incidents by land use Results are compared to land
Tind ales Oliver
CITY OF CLERMONT I Fire Assessment Study 1 www tindaieohver corn
Scope of Work
use classifications included in Fire rescue annual budgets can fluctuate
Department incident reports to ensure significantly when there are large capital
that the two data sets are consistent expenditures, such as rehabilitation of an
Given that the land uses typically are existing station, construction of a new
charged based on their classification in the station, or purchase of new or replacement
Property Appraiser database,this step vehicles. One of the ways to mitigate such
ensures that each land use is properly fluctuations may be to include a capital
classified and charged equitably replacement allowance in the annual
> Methodology that reflects the benefit to budget on an ongoing basis This can
the property: Under Florida case law, non- reduce potential annual fluctuations and
ad valorem assessments require the need makes needed funding and revenues more
to demonstrate special benefit to the predictable
property During a recent study,Tindale This introduction provided our understanding
Oliver obtained insurance rate data for of the scope of services and background issues
homes located in areas with differing ISO as well as Tindale Oliver's specialized skills
ratings and for different insurance values applicable to this project
This analysis along with other research
conducted by outside parties suggest a PROJECT APPROACH
definite correlation between the availability This section provides a description of the tasks
of fire services and insurance rate savings to be undertaken by the Tindale Oliver Team
for individual properties For example, this
for the City of Clermont fire assessment
data and other related studies suggest that calculations The methodology included in this
improvement of service from ISO Class
scope of services conforms with applicable
9/10 to Class 5 decreases insurance rates
laws, administrative rules and regulations of
by 20 to 40 percent,which could translate
the State of Florida
into an annual savings of$200 to $500 per
year, depending on home values With its More specifically, the methodology designed
ISO Class 3 rating, the services of the Fire for the City meets the following and other
Department are allowing the residents to related Florida Statutory and case law
save a significant amount on their requirements for a valid special assessment
t
insurance premiums As such, it is
> The service provided must confer a special
important to consider the benefit
benefit to the property being assessed
received from the availability of fire
services not only due to the response to > The costs assessed must be fairly and
incidents, but also because of the reasonably appropriated among the
insurance premium savings and the properties that receive the special benefit
value of the property being protected. > The apportionment or exemption from
> Fluctuations
in annual budgets:The fire apportionment of non ad valorem
Tndalet iOliver
CITY OF CLERMONT I Scope of Work 2 www tindaleoliver.com
Scope of Work
assessments to the various classifications Table 1 -Example of Tiered
of governmental entities as defined by Residential Assessment Rates
Florida law Assessment
Tindale Oliver has developed a set of Fire p (Square Footage) Rate
Group
0 to 800 $95
Rescue Analysis (FRA) programs that will be 801 to 1,100 $154
used for the assessment study for the City 1,101 to 1,300 $180
Figure 1 on the next page presents how these 1,301 to 1,600 $206
programs are used More specifically, FRA 1,601 to 1,800 $233
consists of the following components 1,801 to 2,100 $261
Greater than 2,100 $298
> Incident Data Management System
> Financial Data Management System
(IDMS) allows Tindale Oliver to review all
(FDMS) allows for an evaluation of a range
of the characteristics of incident data
of assessment rates, possible exemptions,
available either through the NFIRS or from
and future revenues It also incorporates
the Department's databases Using IDMS,
the impact of the growth rate on future
Tindale Oliver is not only able to identify
revenue stream The key questions that
those incidents that should be included,
can be answered using FDMS include the
but also calculate total resourcesin terms
( following
of labor and vehicle time) used by each
incident type by land use IDMS can also - How does the Department's capital
be used by Fire Departments for daily
program affect the assessment rates/
operations and planning purposes levels? This could be in terms of an
ongoing replacement program of the
> Parcel Data Management System
(PDMS) is used in the evaluation of parcel trucks/vehicles as well as addition/
expansion of fire stations
database and gives full access to data
attributed including building size/type by - How would the revenue stream be
land use, structures'just and taxable affected as new units are constructed
values, age of structure, and other similar How would the type/size of these new
attributes These attributes allow for a units affect assessment revenues? How
calculation that takes into consideration would the revenues change if the
full value of the buildings by size and by community is built outs
land use, and results in more accurate The following paragraphs provide a more
revenue estimates Table 1 presents this detailed description of each task that will be
concept as a possible option During completed as part of the study
previous studies,Tindale Oliver calculated
residential rates both as a single combined Task 1: Background Review,Assessment
fee and as tiered fee,which allowed our
Methodology and Data Collection
clients to make informed decisions As part of this task,Tindale Oliver will review
the City's current fire assessment roll
Tindale>,,Oliver
CITY OF CLERMONT I Scope of Work 3 www tindaleoliver.com
Scope of Work
4114tIK
Figure 1 — Fire Rescue Analysis (FRA) Programs
Data Input Analysis "Tools"
Financial Data
Financial Data Management
-, System(FDMS) ,
Property Parcel • Property Data
Data Management
System(PDMS) '
Fire/Rescue Incident Data
Incident Data Management
_ 4System(IDMS) _.,
4
,-- ---\ � Allowable
i \
Assessment-"Non® Financial Alternatives
And Projections
Assessment
i . Property.
® PolicyAllocation Allocation
Assessment Rate Options r 1
Assessment
Options }
® Alternatives Report �`
Budget/Financial I
., Alt� afi ei1r
Reports', - Analysis
The Fire Rescue Analysis Program is made up of three modules
, • Financial Data Management System FDMS
• 'Incident Data Management System IDMS
• Parcel Data Management System PDMS
Tindale)XOliver
CITY OF CLERMONT I Scope of Work 4 www tindaleoliver.com
Scope of Work
information, fire rescue incident data, historical will also be identified The Tindale Oliver Team
fire rescue budgets and assessment reports, also will review the proposed FY 2016 budget
and other related data (if available)to identify any significant changes
that could affect the cost allocation as part of
Upon receipt of the notice to proceed,Tindale
the assessment calculation
Oliver will submit a data needs memo to the
City Upon preliminary review of the data, In determining the legally acceptable portions
Tindale Oliver will conduct a kick-off meeting of the budget, to identify the appropriate
with the City to discuss background issues, portion of resources available both to fire and
project scope, schedule, and data needs In medical incidents, Tindale Oliver will conduct a
addition, during this meeting,Tindale Oliver detailed review of incident data type to
will provide a summary of common determine the level of resources used for
assessment methodologies used by other advanced life support (ALS) incidents This
jurisdictions Based on input from the City,the effort will require an analysis of not only the
assessment methodology that will be used for type of incident (medical vs fire), but also the
the study will be established procedures conducted on-scene The case law
requires that the fire assessment revenues are
Task 2:Service Cost Analysis
used to fund the portion of the budget related
Task 2.1:Evaluate Current Financial to responding to fire and first response
Information incidents Given that a large portion of the
The Tindale Oliver Team will be provided with incidents responded by fire rescue
the adopted FY 2015 Fire Department Budget departments tend to be medical in nature, it is
as well as the budgets for the past three to five important to determine the distribution of first
years and will work with the City's Finance and response incidents that can be included in the
Fire Departments to determine the full cost of assessment calculations vs ALS incidents that
providing fire suppression services as well as cannot be included in the assessment
implementing and collecting the fire calculations Otherwise, the incident data used
assessment As part of this analysis,the to determine cost allocation and demand
Tindale Oliver Team will undertake a detailed becomes limited to a relatively small sample,
review of the budgetary line items to ensure which makes it difficult to ensure the cost is
that all applicable costs, both direct and apportioned equitably
indirect, are considered and are legally 9 Y Task 2.2:Apportion Fire Suppression
acceptable Costs associated with Service Costs Among Assessment
implementing the assessment program and Rate Class
collections will be identified and incorporated
The resulting cost of providing fire rescue
into the calculations In addition,whether to
services determined to be applicable for
include any allowances for capital replacement
inclusion in the fire assessment calculations will
or addition will be discussed with the City Any
be apportioned among each assessment rate
dedicated revenues toward fire rescue budget
Tind ale'Oliver
CITY OF CLERMONT I Scope of Work 5 www tundaleoliver.com
Scope of Work
class Potential methodologies to apportion but also the level of staff and vehicle time used
the cost will be documented as part of Task 1 for each type of incident/property As
and may include several options, such as using mentioned previously, certain type of land uses
the number of calls, on-scene times, and/or or buildings may not request assistance
number of units dispatched to determine the frequently, but the duration of each response
resource allocation and the value of the may be longer than that experienced at a
property that is being protected These options different land use
will be discussed with the City to determine the
Task 4:Calculation of Development Units
most appropriate and cost-effective
and Rates
methodology
Task 4.1:Calculate Development Units
Task 3:Service Demand Analysis Using
Proposed Methodology The number of development units for each
assessment rate class will be obtained from the
The Tindale Oliver Team will obtain the Fire
Lake County Property Appraiser database
Department's call response data from NFIRS or
Each Property Class Code in the Lake County
the Fire Department to determine the
Property Appraiser's database will be assigned
appropriate service demand using the agreed an assessment rate class in order to tie each
upon fire assessment methodology It is
real property record to the appropriate
recommended that, as available, a minimum of
assessment rate class
three to five years of call data be analyzed for
the service demand component to ensure that Upon assigning an assessment rate class to
fluctuations in call data from year-to-year are each property in the Property Appraiser
neutralized Not all incident types can be database,the Tindale Oliver Team will compare
included in the fire assessment calculations the distribution of calls vs. development units
This limited sample size make it critical to use as a quality control measure For example, if
several years of data the service demand analysis shows only 5
percent of annual fire calls are to office
The Tindale Oliver Team will analyze the
properties, but the office square footage within
historical call data to identify the calls that
the City is 20 percent of the total square
should be excluded from the analysis and
footage,there is an indication that fire
determine a trend in the distribution of
incidents to office properties may have been
remaining incidents between the different
miscoded under another type of land use
assessment rate classes As mentioned
previously,this analysis also will include a Fiscal Year 2016 Assessment Roll will be
review of the different incident types and on- developed based on most recent available data
scene procedures to ensure that only those and the City's policy direction
incidents appropriate for use in the service
demand analysis are included. Finally,the
analysis will evaluate not only the frequency,
Tindaler iOliver
CITY OF CLERMONT I Scope of Work 6 www tindaieoiiver.com
Scope of Work
Task 4.2:Calculation of Rates and Revenue developing reports to access property use
Requirements information The assessment roll will be
Based on the methodology agreed in Task 1, delivered to the City within the timeframe and
apportioned costs for each land use and format acceptable to the City and Lake County
calculated development units, a rate schedule Tax Collector
for the non-ad valorem assessment program Task 6: Meetings&Presentations
will be developed The rate schedule will
include assessment cap rates as appropriate, As part of the study,the following meetings
and will ensure that the identified assessable and workshops will be conducted
costs are fully funded In addition, revenue > Kick-off meeting with City and Fire
requirements for the Fiscal Year 2015-2016 will Department staff
be identified > Draft report review meeting with the City
As part of this task,Tindale Oliver will address and Fire Department staff and the City
potential exemptions and associated revenue Administration
loss for the City Tindale Oliver will discuss > One City Commission workshop or
policy options regarding exemptions, and meetings with Commissioners on an
provide information in terms of properties that individual basis
legally need to be exempted as well as others > One public hearing
that were exempted by other jurisdictions as a
policy decision In addition to these formal meetings, Tindale
Oliver will be in continuous contact with the
Task 5:Technical Report City's Project Manager to ensure that the City J 9 is
Results of the analysis completed in Tasks 1 aware of the study status and progress
through 4 will be incorporated into a draft The Tindale Oliver Team will prepare user-
Technical Report,which will summarize the friendly Power Point presentations Tindale
study findings and provide the calculation Oliver has extensive experience with the public
steps of the assessment program The involvement process and community
Technical Report will be submitted to the City consensus building and buy in and has assisted
for review and comment Comments received many communities in the successful
from the City will be incorporated into the final implementation of their fees Given the nature
Technical Report of assessment programs,these presentations
Tindale Oliver will create the FY 2015-2016 are critical in explaining and gaining support
assessment roll using most recent Property for the study methodology
Appraiser database and based on the final Task 7: Related Legal Services(Optional)
methodology approved by the City Council
The tax roll will be tested for sufficiency by If the City would like legal assistance,Tindale
Oliver will work with Lewis, Longman &Walker,
Tin dale>XOliver
CITY OF CLERMONT I Scope of Work 7 www tindaleoliver.com
Scope of Work
PA to obtain a legal review and ensure that the
methodology used for the study is consistent
with the Florida Statutes, case law, and other
applicable laws and rules
The legal subconsultant will conduct the legal
review and assist drafting all legal notices,
publications, resolutions and other documents
necessary to certify the tax roll and adopt the
rate structure for the initial year of the
methodology
SCHEDULE
A preliminary schedule is provided on the
following page Upon selection, this schedule
will be reviewed with the City's Project
Manager and, if needed,will be modified to
better accommodate the City's needs With a
dedicated Public Finance Group and other staff
experienced in public finance related analyses,
Tindale Oliver has the necessary resources to
meet most desired time frames and still
provide a high quality product.
PRICING
As shown in the table on page 10,the
professional fees and expenses associated with
the Scope of Services are estimated at $24,978
and includes four trips by Tindale Oliver
Please note that this budget does not include
any cost associated with Task 7 or the
production and mailing of first class notices
The estimated budget for Task 7 is shown
separately in the table
This is a lump sum budget and the City will be
invoiced monthly for the portion of the work
completed
Tindale>1Oliver
CITY OF CLERMONT I Scope of Work 8 www.tindaleoiiver corn
Scope of Work
City of Clermont
Fire Assessment Study
TASK DATE
Receipt of Signed Contract Jan 30, 2015
Submittal of Data Needs Memo Feb 5,2015
Receipt of Requested Data Feb 27, 2015
Kick-off Meeting Week of Feb 16, 2015
Technical Analysis Feb-May, 2015
Submittal of Draft Technical Report May 21, 2015
Draft Report Review Meeting Week of May 25, 2015
City Council Workshop to Review DraftResults June 9, 2015
Submittal of Final Draft Technical Report June 23, 2015
Receipt of All Commentsfrom the City June29, 2015
Submittal of Final Technical Report July 15, 2015
Notification Process and Adoption Hearing July-August, 2015
Submittal of Anal FY2015Assessment Roll Sept 4, 2015
Tindale Oliver
CITY OF CLERMONT I Scope of Work 9 www tindaleoliver.com
Scope of Work
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Tindalet Oliver
CITY OF CLERMONT I Scope of Work 10 www.tindaleoliver.com