INTERLOCAL AGREEMENT TO HIRE A CONSULTANT TO CONDUCT A NEXUS STUDY FOR AFFORDABLE HOUSING
INTERLOCAL AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this ;;)...~ day of
~. ~ ,2006, by and between HNELLAS COUNTY, a political subdivision of the State of
Florida, the CITY OF ST. PETERSBURG, and the CITY OF CLEARWATER, collectively
referred to as ''the Parties."
:
1
IN CONSIDERATION of the mutual terms, conditions, promIses, covenants and
payments set forth, the parties agree as follows:
1. PINELLAS COUNTY RESPONSIBILITIES:
1.1 PINELLAS COUNTY shall competitively solicit for the consulting contract
pursuant to the Pinellas County Purchasing Code and any relevant federal
regulations covering procurement for services in order to obtain a nexus study for
affordable housing; and
1.2 PINELLAS COUNTY shall award the contract, based upon the reVIew and
recommendation of a group composed of delegates of the parties hereto; and
1.3 PINELLAS COUNTY shall coordinate the signing of the contract between the
Parties and the consulting contractor selected to do the analysis; and
1.4 PINELLAS COUNTY shall be responsible for the administration of the
consulting contract; and
1.5 PINELLAS COUNTY shall coordinate billing under the consulting contract by
receiving invoices from the selected contractor and directing each party to remit
their portion of an invoice directly to the contractor. At no time will PINELLAS
COUNTY advance funds on behalf of another party to cover contract costs; and
1.6 PINELLAS COUNTY shall retain any public records created as a result of this
Agreement and the consulting contract in accord with the Florida Public Records
Act; Chapter 119, Florida Statues.
2. MUTUAL RESPONSIBILITIES:
2
2.1 Each party shall participate in the selection of a contractor consultant by
designating a delegate to sit on the selection committee, which will then make a
recommendation to the Pinellas County Board of County Commissioners; and
2.2 Each party shall pay, as follows, the cost of the consulting contract to be obtained
to conduct a countywide nexus study for affordable housing, the total amount of
which shall not exceed $100,000;~ PINELLAS COUNTY 61%; CITY OF
CLEARWATER 12%; and CITY OF ST. PETERSBURG 27%; and
2.3 Upon notification from PINELLAS COUNTY that an invoice amount is owed to
the contractor, each party shall timely remit its payment directly to the contractor
in accordance with the Florida Prompt Payment Act, Fla. Stat. S 2l8.70,et seq.,
and notify PINELLAS COUNTY that payment has been remitted; and
2.4 Each party shall cooperate fully in any contractual disputes that may arise as a
result of this Agreement, bearing any related costs pro rata.
3. AMENDMENTS: This Agreement may be amended in writing by consent of the
parties hereto.
4. EFFECTIVE DATE: This Agreement and any amendments thereto shall become
effective upon filing with the Clerk of the Circuit Court, Pinellas County, Florida and
shall expire upon the delivery of the Nexus Study for Affordable Housing to the
Parties, and proper payment therefore.
5. TERMINATION: Any party hereto may terminate its participation in this Agreement
by notifying the remaining parties in writing not later than thirty (30) days prior to the
effective date of its withdrawal. A withdrawing party remains responsible for its pro
rata share of any costs already incurred up to the effective date of its withdrawal.
3
6. NON-APPROPRIATIONS: The obligations of the Parties as to any funding required
pursuant to this Agreement, shall be limited to an obligation in any given year to
budget and appropriate from legally available funds, after monies for essential
services have been budgeted and appropriated, sufficient monies for the funding that
is required during that year. Notwithstanding the foregoing, the Parties shall not be
prohibited from pledging any legally available non-ad valorem revenues for any
obligations heretofore or hereafter incurred, which pledge shall be prior and superior
to any obligation of the Parties pursuant to this Agreement.
[The Remainder of This Pag(: Intentionally Left Blankl
4
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives on the day and date first above written.
THE CITY OF ST. PETERSBURG, FLORIDA
ATTEST:
/ .--) ()
By: ~~ 1 ,)...t:..J
Rick Baker
As Its Mayor
APPROVED AS TO FORM AND C~
/-
/" /"
tJ /J ./
M~!?nry~
City Clerk (
...-.
t.'Y? f'D
By: MARK A.
Assistant City Attorney
[The Remainder of This Page Intentionally Le Blank}
..
5
PINELLAS COUNTY, FLORIDA, a political
Subdivision of the State of Florida, Acting by
and t ugh its Board of County Commissioners
ATTEST:
KEN BURKE, Clerk
By:
,
f<-Mt\.il... ~ DUNec,tc Vi.wtAa.\J~
BY:~~"__h_
eputy Clerk " ,;,'
.... .
.'
REVIEWED AND APPROVED SUBJECT
TO PROPER EXECUTION:
,
i . i
f\l~~
Office of County Attorney
[The Remainder of This Page Intentiomilly Left Blank}
.'
6
Countersigned:
~ . f'f' Y.~
-~-e r /<yhfze...4'/
(~ v. Hibbard
Mayor
Approved as to form:
JJ1Ji-
City Attorney
Attest:
C~L /L Un.
Ci Clerk
:
[The Remainder of This Page futen~ona1ly Left Blank}
7
. :1
Ms. AmeliaMcFarlane
PinellasCounty Purchasing
400SouthFt.Harrison, Sixth Floor
Clearwater, Florida 33756
Dear Ms. McFarlane:
It was a pleasure to talk with you and representatives of the Partnership today. To complete the
record, following are our responses to the questions raised in your fax of June 8, 2006.
1) What methods will be used to make sure that affordable housing problems will be inclusive
of the entire Partnership area?
..
BAErs demographic and market analysis will break the county into subareas, including
the three Partnership municipalities. Our initial meeting should include a joint
designation of the subareas to be considered. Wewill evaluate commuting patterns
across the county to determine the interrelationships among employment centers and
the areas where the employees reside. We will prepare separate inclusionary zoning
financial analyses for each of the three cities. Our discussions with realtors, leasing
agents and developers will include representatives from the county's various
submarkets. The identification and discussion of affordable housing issues will address
the whole range of issues facing the different parts of the county.
2) How will the legal research take place and by what methodology?
Our linkage fee analysis for Somerville MA revealed two key legal tests: rational nexus
and rough proportionality. We will use Lexis/Nexisand web research to search for any
updated informationor changes in the law on the national level. Then we will look into
the question of Florida law and practice. We will contact the State Department of
Community Affairs to inquire as to the status of other jurisdictions' consideration of
inclusionary zoning measures, and we will research the experience in Tallahassee.
3) How will housing market and development trends be shown to specifically address beach and
near beach locations?
Again, we should start the process by jointly identifying the market subareas so that we
include the appropriate areas in the "near beach" category. Our apartment data base
provides information on each apartment complex, so that will allow us to distinguish
beach and near beach properties from inland properties. We will analyze home sales
data by geography to distinguish these markets. We will reach out to realtors, leasing
agents and developers in beach and near beach locations to better understand that
market.
Washington D.C. Area Office 301.589.6660
8630 Fenton Street, Suite 613 30L589.6661 fax
Silver' Spring, IVlD 20910 bayareaeconomics.com
bael@bae1.com
:1
4) How will the study address downtown affordable housing issues versus affordable housing
issues in non-downtown commercial and residential areas?
The key distinction will come in the financial analysis of inclusionary zoning.
Downtown housing is typically characterized by higher land costs and higher
construction costs, so separate models will be prepared that reflect those economic
realities.
5) How will seasonal occupancy factors be considered in the study?
We will use the Census definition of vacant units held for seasonal, recreational
or occasional use as a base statistic. The~.we will use the University of
Florida's Bureau of Economic and Business Research estimates of seasonal
population to help quantify trends since the Census. As we talk with realtors
and leasing agents, we will.ask them to distinguish among the portions of the
housing stock geared to year-round residents versus those rented on a monthly
or weekly basis to seasonal residents and tourists. We will use the Web and
property signs to identify realtors that cater to the seasonal market. Data from
the Convention & Visitors Bureau, the Chambers of Commerce and
Clearwater's traffic operations manager to get information on the dates and size
of the tourism season. Development Services may also be able to provide
information about the problem of unreported conversions of housing to seasonal
use.
In addition to constraints on the housing supply, the seasonal population also
creates a demand for a seasonal labor force that often needs housing.W e will
talk with hotel industry representatives about the extent of the seasonal
workforce and their experiences in finding suitable and affordable housing.
6) How will the study specifically examine mobile homes and apartment buildings in
terms of loss of affordable housing?
We will contact the State for information on apartment conversions to
condominiums, coupled with local information and observation of on-going
conversion activity. The Bay Area Apartment Association also tracks apartment
conversions. On the mobile home side, we will take advantage of the Pinellas
County mobile home inventory and the State of Florida's registration data to
identify changes in the number of mobile home parks and mobile homes
registered in Pinellas County. We will contact County and City planners to
identify mobile home parks proposed for redevelopment. We will call around to
different mobile home parks to inquire as to the availability of pad sites.
2
.'
..
~ .
i~:
~ I
I trust that these responses answer the selection committee's questions. If you need any
additional information, please do not hesitate to call me. We will look forward to your decision.
Sincerely,
Anita Morrison
Principal
3