HomeMy WebLinkAboutIntertrend Communications, Inc. - 2017-11-28PROFESSIONAL SERVICES CONTRACT BETWE6P L I V E D
THE CITY OF HUNTINGTON BEACH AN DEC ` Phi 2: SS
1NTERTREND COMMUNICATIONS, INC.
FOR
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MARKETING CONSULTING SERVICES,. , : , f G)
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY," and InterTrend Communications, Inc., a California corporation, hereinafter referred to
as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to assist with the
marketing and packaging of a joint Huntington Beach and Long Beach proposal to attract the
next Amazon Headquarters; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Joe Min, who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on NNPJ(Y W '11_l , 201_�_ (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than six (6) months from the Commencement Date. The time for performance of the tasks
identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be
amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which
is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed Twenty-five Thousand Dollars ($25,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
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6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices,
calculations, computer code, language, data or programs, maps, memoranda, letters and other
documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY
upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall
occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents and volunteers from and
against any and all claims, damages, losses, expenses, judgments, demands and defense costs
(including, without limitation, costs and fees of litigation of every nature or liability of any kind
or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's
subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure
to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers,
agents or employees except such loss or damage which was caused by the sole negligence or willful
misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and
CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by CONSULTANT.
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9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than One Million Dollars
($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not
contain a self -insured retention without the express written consent of CITY; however an insurance
policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made
policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might
give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is terminated
for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two
(2) years to report claims arising from work performed in connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to
forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid
for its time and materials expended prior to notification of termination. CONSULTANT waives
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the right to receive compensation and agrees to indemnify the CITY for any work performed prior
to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice; however, ten (10) days' prior written notice in the event
of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this
Agreement. CITY or its representative shall at all times have the right to demand the original or a
copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its own cost and expense, and be responsible for any and all payment of all taxes,
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social security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONSULTANT and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or without
cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by
CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided
herein. In the event of termination, all finished and unfinished documents, exhibits, report, and
evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by
CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY. If an assignment, delegation or subcontract is approved,
all approved assignees, delegates and subconsultants must satisfy the insurance requirements as
set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
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financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either
by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to
CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid,
and depositing the same in the United States Postal Service, to the addresses specified below.
CITY and CONSULTANT may designate different addresses to which subsequent notices,
certificates or other communications will be sent by notifying the other party via personal delivery,
a reputable overnight carrier or U. S. certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Antonia Graham
Assistant to the City Manager
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
InterTrend Communications, Inc.
Attention: Joe Min
228 E. Broadway
Long Beach, CA 90802
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to any
subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless
in writing and duly executed by both parties.
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19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and are
included solely for convenience of reference only and are not representative of matters included
or excluded from such provisions, and do not interpret, define, limit or describe, or construe the
intent of the parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of
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the date of its execution and delivery, be deemed an original. Each duplicate original shall be
deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall
bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its
attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
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26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive arm's length negotiation, and that each has had the opportunity
to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and
agree that no representations, inducements, promises, agreements or warranties, oral or otherwise,
have been made by that party or anyone acting on that party's behalf, which are not embodied in
this Agreement, and that that party has not executed this Agreement in reliance on any
representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set
forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting the
subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Attorney.
This Agreement shall expire when terminated as provided herein.
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IN' WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers.
CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
InterTrend Communications, Inc. California
4By: r I
% _Director/Chief
Pursuant To MMC §3.03.100)
print name
ITS: (circle one) Chairman/President/Vice President
AND APPROVED AS ORM:
By: %
City Attorney wk4i t-7
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst. D 'e eX
Secretary — Treasurer
Receive and File
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT shall work collaboratively with the Huntington Beach Amazon Team (TEAM)
to assist with the marketing and packaging of a joint Huntington Beach/Long Beach proposal to
attract the second Amazon Headquarters.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
The CONSULTANT shall collaboratively work with the TEAM to create an innovative and
creatve proposal to attract Amazon or similarly sized corporation to the CITY. The
CONSULTANT shall market the proposal using a variety of media outlets.
C. CITY'S DUTIES AND RESPONSIBI
The CITY shall work with the Consultant to identify appropriate staff members to work with
InterTrend. CITY staff will not control the manner or means of CONSULTANT'S services.
D. WORK PROGRAM/PROJECT SCHEDULE:
The Consultant will have six (6) from contract approval to complete the Statement of Work.
EXHIBIT A
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
B. Travel Charges for time during travel are not reimbursable.
C. Billing
I. All billing shall be done monthly in fifteen (15) minute increments and matched to
an appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month" s bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation
prepared by CONSULTANT may be required to be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for
satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been brought
Exhibit B
into compliance, or until this Agreement has expired or is terminated as provided
herein.
Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all
of the information required above, and in addition shall list the hours expended and
hourly rate charged for such time. Such invoices shall be approved by CITY if the
work performed is in accordance with the extra work or additional services requested,
and if CITY is satisfied that the statement of hours worked and costs incurred is
accurate. Such approval shall not be unreasonably withheld. Any dispute between
the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
2
Exhibit B
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee
set forth herein in accordance with the following progress and payment schedules.
2. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such product,
CITY shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services perfonned;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the
work has been performed in accordance with the provisions of this Agreement;
and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule
of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties
agree that past performance by CONSULTANT is in, or has been brought into compliance, or until
this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such time.
Such invoices shall be approved by CITY if the work performed is in accordance with the extra work
or additional services requested, and if CITY is satisfied that the statement of hours worked and costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the
parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing
performance of the remainder of this Agreement.
Exhibit B
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
INTERTREND COMMUNICATIONS, INC.
FOR
MARKETING CONSULTING SERVICES
Table of Contents
Scopeof Services.....................................................................................................1
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
IndependentContractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................
8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Signatories.................................................................................................................10
Entirety......................................................................................................................10
EffectiveDate.................................................................................I
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CITY OF HUNTINGTON BEACH
ProfessionalRECEIVED
9
2flli DEC r I P 2- 55finance Depa eminent
Date: 10/9/2017 Project Manager Name: Antonia Graham k.
Requested by Name if different from Project Manager:
CIT)'
Department: City Manager
,r
PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED
BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL,
BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED
WITH ALL APPROVED CONTRACTS.
1) Briefly provide the purpose for the agreement:
Consulting services to market and package a joint Huntington Beach/Long Beach proposal for the
Amazon HQ2 site.
2) Estimated cost of the services being sought: $ 25,000
3) Are sufficient funds available to fund this contract? ® Yes ❑ No
If no, please explain:
4) Check below how the services will be obtained:
❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted.
❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized.
® MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized.
5) Is this contract generally described on the list of professional service contracts approved by the City
Council? If the answer to this question is "No," the contract will require approval from the City Council.)
----7 ® Yes ❑ No
Fiecal Ser ,iEesManager Signature (Purchasing Approval)
6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted
(Please note that a budget check will occur at the object code level):
Date
Account number
Contractual Dollar Amount
Business unit. object #
Fiscal Year
17/18
Fiscal Year
Fiscal Year
Fiscal Year
10040101.69365
$25 00
$
$
$
get Approval
D artment Head Signature(s)
Fief Fin a iai Officer Si t�urne^,
a "
Assistant City Manager's Signature
APPROVED P�)D
C[K Manager's Signature
Date
ate
Date
ro%
Date
Date
part l'intertrend.doc
REV: February 2015
PROFESSIONAL SERVICES'
FISCAL YEAR 2017118
Professional services including claims,
litigation, auditing, recruitment services,
Non -Departmental appraisal, economic analysis, legal,
housing compliance and other
consulting and professional services.
8/8/2017 ARC
10/12/2017 Consulting services econ dev-Amazon $
m
Contract Value Notes FY18119 FY 19/20 FY20/21
4,500 $ 13,500 Arbitrage Rebate Compliance Services $ 4,500 $ 4,500
25,000.001 $ 25,000.00
Balne $ 458,966.00
Amazon HQ2 RFP
INSTRUCTIONS TO RESPONDENTS
Amazon invites you to submit a response to this Request for Proposal ("RFP") in conjunction with and on
behalf of your metropolitan statistical area (MSA), state/province, county, city and the relevant localities
therein. Amazon is performing a competitive site selection process and is considering metro regions in
North America for its second corporate headquarters. We encourage states, provinces and metro areas
to coordinate with relevant jurisdictions to submit one (1) RFP for your MSA. The RFP may contain
multiple real estate sites in more than one jurisdiction, but we do encourage you to submit your best
sites to meet or exceed the needs of our Project described in this RFP. Any questions regarding the
information or items requested in this document can be submitted using the email below. We
encourage you to go through the process as outlined in the RFP and ask questions of the team using the
email provided below.
PROPOSAL REQUIREMENTS
Please provide an electronic copy and five (5) hard copies of your responses by October 19, 2017
to amazonhg2@amazon.com. Please send hard copies marked "confidential" between the dates
of October 16" — 19`h to:
Amazon
Office of Economic Development
c/o Site Manager Golden
2121 7ch Ave
Seattle, WA 98121
For electronic submittals, please send a password -protected website URL or a USB only. If using a
password -protected website, the submitting agency should also submit written responses to the RFP
questions (Information Requested section).
TIMELINE
September 7, 2017 RFP Phase I Available
October 19, 2017 RFP Phase I Response Deadline
2018 Final Site Selection and Announcement
OVERVIEW
Background: The purpose of this RFP is to describe the Project and provide a framework for soliciting
specific information that will allow Amazon to determine the ideal location for our Project.
The Protect is a second corporate headquarters (HQ2), at which Amazon will hire as many as fifty
thousand (50,000) new full-time employees with an average annual total compensation exceeding
one hundred thousand dollars ($100,000) over the next ten to fifteen years, following
commencement of operations. The Project is expected to have over $5 billion in capital expenditures
as described in more detail in this RFP.
Amazon is a publicly traded U.S. corporation and is a leading internet retailer and technology
company. Amazon is guided by four principles: customer obsession rather than competitor focus,
passion for invention, commitment to operational excellence, and long-term thinking. The Company
presently maintains more than 380,000 employees at multiple facilities in North America and
throughout the world. Due to the successful growth of the Company, it now requires a second
corporate headquarters in North America.
Amazon's current headquarters is located in downtown Seattle, Washington. This urban campus
employs tens of thousands of employees. Amazon has been a catalyst for development in downtown
Seattle with an abundance of restaurants, services, coffee shops, and for the redevelopment of
South Lake Union and Denny Triangle with its sustainable buildings and open spaces. In 2017,
Amazon was awarded the "City Maker" award by the Downtown Seattle Association.
Amazon estimates its investments in Seattle from 2010 through 2016 resulted in an additional $38
billion to the city's economy — every dollar invested by Amazon in Seattle generated an additional
$1.4 for the city's economy overall. Find more information at: www.amazon.com/amazonHQ2.
We look forward to working with you and your team to find a suitable site and establish a cost
structure with a stable business climate for growth and innovation that would encourage Amazon to
locate this high -profile Project in your community.
In choosing the location for HQ2, Amazon has a preference for:
• Metropolitan areas with more than one million people
• A stable and business -friendly environment
• Urban or suburban locations with the potential to attract and retain strong technical talent
• Communities that think big and creatively when considering locations and real estate options
HQ2 could be, but does not have to be:
• An urban or downtown campus
• A similar layout to Amazon's Seattle campus
• A development -prepped site. We want to encourage states/provinces and communities to think
creatively for viable real estate options, while not negatively affecting our preferred timeline
PROJECT FACTS
Employment: The Project is expected to create as many as fifty thousand (50,000) new full-time jobs
with an average annual compensation exceeding one hundred thousand dollars ($100,000) per
employee. We will begin sourcing for talent at Amazon H42 upon final site selection. Please note
that the actual average wage rate may vary from the projected wage rate depending upon prevailing
rates at the final location. Amazon also provides a highly competitive benefits package including a
retirement plan, health insurance, and maternity/paternity leave, featuring Amazon's Leave Share
and Ramp Back program. All job numbers, categories, and salaries contained herein are
estimates/projections and are subject to change. The jobs will likely be broken down into the
following categories: executive/management, engineering with a preference for software
development engineers (SIDE), legal, accounting, and administrative. Amazon is an equal opportunity
employer.
Building/Site Requirements: Amazon is considering greenfield sites, infill sites, existing buildings, or a
combination for the Project. If existing buildings are available that can be retrofitted/expanded within
an acceptable budget and time schedule, Amazon may consider this option; however, the company
acknowledges that existing buildings may not be available to meet its requirements. As such, Amazon
will prioritize certified or shovel -ready greenfield sites and infill opportunities with appropriate
infrastructure and ability to meet the Project's timeline and development demands, as set forth
below.
The following is a summary of the Project's ideal site and building requirements:
Core Preferences
uantit
Units
Description
Site Requirements
Proximity to population center
30
Miles
Proximity to International
airport
Within approx. 45
Minutes
Close to major arterial
Proximity to major highways
roads to provide optimal
and arterial roads
Not more than 1-2
Miles
access
Direct access to rail,
train, subway/metro,
Access to mass transit
At site
bus routes
Building Requirements
Initial Square Foot Requirement
500,000+
Sq. Ft.
Phase I (2019)
Total Square Foot
Requirement
Up to 8,000,000
Sq. Ft.
Beyond 2027
Details of Amazon's Seattle headquarters:
Amazon Seattle HQ
Number of buildings
33
Square feet
8.1 million
Local retail within Amazon headquarters
24 restaurants/cafes + 8 other services
Amazon Employees
40,000+
u
Capital investment (buildings & infrastructure)
$3.7 billion
a,
o
Operational expenditures (utilities &
1.4 billion
$
maintenance)
Compensation to employees
$25.7 billion
Number of annual hotel nights by visiting
233,000 (2016)
Amazonians and guests
Amount paid into the city's public transportation
$43 million
system as employees' transportation benefit
Additional jobs created in the city as a result of
53,000
Amazon's direct investments
Additional investments in the local economy as a
$38 billion
U
result of Amazon's direct investments
a
Increase in personal income by non -Amazon
employees as a result of Amazon's direct
$17 billion
investments
Increase in Fortune 500 companies with
From 7 in 2010 to 31 in 2017
engineering/R&D centers in Seattle
'From 2010 (when Amazon moved its headquarters to downtown Seattle) to June 2017.
2From 2010-2016. Calculated using Input -Output methodology and multipliers developed by the U.S.
Bureau of Economic Analysis.
Priority for Consideration (in no particular order):
Amazon will consider the following site/building categories for the Project:
1. Existing buildings of at least 500,000+ sq. ft., meeting the core requirements described
above and that are expandable or have additional options for development nearby.
2. A greenfield site of approximately 100 acres certified or pad ready, with utility infrastructure
in place. The sites do not have to be contiguous, but should be in proximity to each other to
foster a sense of place and be pedestrian -friendly.
3. Other infill, existing buildings, including opportunities for renovation/redevelopment and
greenfield sites, meeting the proximity and logistics requirements of the Project. This can
also be a combination of the above.
4. Please also consider the overall proximity of the buildings at full build -out as you are making
recommendations.
Capital Investment: The Project could be over $5 billion in capital investment over the initial 15-17
years of the Project. Please note the capital investment required to acquire and retrofit an existing
building is dependent upon the condition and nature of that building. As such, the following capital
investment estimates will vary depending upon site requirements and actual construction costs,
particularly with respect to an existing building.
Building Phase
Estimated Capital Investment
Phase I Building (500,000-1,000,000 sf)
$300,000,000-$600,000,000
Phase II Building (1,000,000-2,000,000 sf)
$600,000,000-$1,260,000,000
Phase III Building (2,000,000-3,000,000 sf)
$1,260,000,000-$1,985,000,000
Phase IV and beyond will grow organically. At full build -out, the campus or park may exceed 8
million square feet and over $5 billion in total capital investment. Amazon will continue to invest in
its facilities to ensure we offer a state-of-the-art workplace for our employees. States, provinces and
metro economic development organizations should consider this as they suggest potential sites. Be
sure to include opportunities to cultivate local culture and creativity into the Amazon HQ2 site. Also,
include connectivity options: sidewalks, bike lanes, trams, metro, bus, light rail, train, and additional
creative options to foster connectivity between buildings/facilities.
Additional Information:
Sustainability: Amazon is committed to sustainability efforts. Amazon's buildings in its current
Seattle campus are sustainable and energy -efficient. The buildings' interiors feature salvaged and
locally sourced woods, energy -efficient lighting, composting and recycling alternatives as well as
public plazas and pockets of green space. Twenty of the buildings in our Seattle campus were built
using LEED standards. Additionally, Amazon's newest buildings use a 'District Energy' system that
utilizes recycled heat from a nearby non -Amazon data center to heat millions of square feet of office
space — a system that is about 4x more efficient than traditional heating. This system is designed to
allow Amazon to warm just over 4 million square feet of office space on Amazon's four -block
campus, saving 80 million kilowatt-hours over 20 years, or about 4 million kilowatt-hours a year. We
also invest in large solar and wind operations and were the largest corporate purchaser of
renewable energy in the U.S. in 2016. Amazon will develop HQ2 with a dedication to sustainability.
Connectivity: Ensuring optimal fiber connectivity is paramount at our HQ2 location. Please
demonstrate the fiber connectivity on all submitted sites. Also, demonstrate multiple cellular phone
coverage maps to ensure optimal service.
KEY PREFERENCES AND DECISION DRIVERS
The below are our preferences and are not in a ranking order. We want to encourage you to think
big and be creative as you are collaborating to respond. Please address the drivers discussed
below in your RFP submittals.
Site/Building — As described herein, finding suitable buildings/sites is of paramount importance.
Amazon HQ2 is a transformational Project, and we must ensure we have the best real estate
options available whether this be a redevelopment opportunity, a partnership with the state,
province, local government, or new buildings. All options are under consideration.
Capital and Operating Costs — A stable and business -friendly environment and tax structure will be
high -priority considerations for the Project. Incentives offered by the state/province and local
communities to offset initial capital outlay and ongoing operational costs will be significant factors in
the decision -making process.
Incentives — Identify incentive programs available for the Project at the state/province and local
levels. Outline the type of incentive (i.e. land, site preparation, tax credits/exemptions, relocation
grants, workforce grants, utility incentives/grants, permitting, and fee reductions) and the amount.
The initial cost and ongoing cost of doing business are critical decision drivers.
Labor Force —The Project includes significant employment requirements at the threshold
compensation levels described herein and with corresponding educational attainment of the
available workforce. The Project must be sufficiently close to a significant population center, such
that it can fill the 50,000 estimated jobs that will be required over multiple years. A highly educated
labor pool is critical and a strong university system is required.
Logistics — Personnel travel and logistics needs, both from population centers to the Project site, as
well as between company facilities, are critically important. As such, travel time to a major highway
corridor and arterial roadway capacity potential are key factors. The highway corridors must provide
direct access to significant population centers with eligible employment pools. Travel time to an
international airport with daily direct flights to Seattle, New York, San Francisco/Bay Area, and
Washington, D.C. is also an important consideration.
Time to Operations —The Project requires an expeditious timetable for the location decision and
the commencement of construction. Given this, sites with the requisite access, utility
infrastructure, and zoning are critical. Please outline the permitting process and estimated
timetable to initiate Phase I of our operations.
Cultural Community Fit —The Project requires a compatible cultural and community environment for
its long-term success. This includes the presence and support of a diverse population, excellent
institutions of higher education, local government structure and elected officials eager and willing to
work with the company, among other attributes. A stable and consistent business climate is
important to Amazon. Please demonstrate characteristics of this in your response. We encourage
testimonials from other large companies.
Community/Quality of Life — The Project requires a significant number of employees. We want to
invest in a community where our employees will enjoy living, recreational opportunities, educational
opportunities, and an overall high quality of life. Tell us what is unique about your community.
INFORMATION REQUESTED
Please provide information regarding potential buildings/sites that meet the criteria
described herein. Along with general site information, please provide the current
ownership structure of the property, whether the state/province, or local governments
control the property, the current zoning of the site, and the utility infrastructure present at
the site.
Please provide a summary of total incentives offered for the Project by the state/province
and local community. In this summary, please provide a brief description of the incentive
item, the timing of incentive payment/realization, and a calculation of the incentive amount.
Please describe any specific or unique eligibility requirements mandated by each incentive
item. With respect to tax credits, please indicate whether credits are refundable,
transferable, or may be carried forward for a specific period of time. If the incentive includes
free or reduced land costs, include the mechanism and approvals that will be required. Please
also include all timelines associated with the approvals of each incentive. We acknowledge a
Project of this magnitude may require special incentive legislation in order for the
state/province to achieve a competitive incentive proposal. As such, please indicate if any
incentives or programs will require legislation or other approval methods. Ideally, your
submittal includes a total value of incentives, including the specified benefit time period.
3. If any of the programs or incentives described in the summary of total incentives are
uncertain or not guaranteed, please explain the factors that contribute to such uncertainty
and estimate the approximate level of certainty. Please also describe any applicable claw
backs or recapture provisions required for each incentive item.
4. Please provide a timetable for incentive approvals at the state/province and local levels,
including any legislative approvals that may be required.
5. Please provide labor and wage rate information in the general job categories described.
Please provide relevant labor pool information and your ability to attract talent regionally.
Also, include specific opportunities to hire software development engineers and recurring
sourcing opportunities for this type of employment. Please include all levels of talent
available in the MSA, including executive talent and the ability to recruit talent to the area.
6. Please include programs/partnerships currently available and potential creative programs
with higher education institutions in the region in your response. Please also include a list of
universities and community colleges with relevant degrees and the number of students
graduating with those degrees over the last three years. Additionally, include information on
your local/regional K-12 education programs related to computer science.
7. Please provide highway, airport, and related travel and logistics information for all proposed
sites. Please also include transit and transportation options for commuting employees living
in the region. For each proposed site in your region, identify all transit options, including bike
lanes and pedestrian access to the site(s). Also, list the ranking of traffic congestion for your
community and/or region during peak commuting times.
0
Please include information on your community with respect to daily living, recreational
opportunities, diversity of housing options, availability of housing near potential sites for HQ2,
and pricing, among other information. Please also include relevant crime data and cost of living
data.
9. Please use your response as an opportunity to present any additional items and intangible
considerations with respect to your state/province and community that Amazon should include
in its analysis.
While the existence of the Project is not confidential, certain aspects of the Project and details
regarding the company are confidential, proprietary, and constitute trade secrets. Amazon will
deliver a Confidentiality and Non -Disclosure Agreement for execution at the appropriate time.
Conclusion: As this is a competitive Project, Amazon welcomes the opportunity to engage with you
in the creation of an incentive package, real estate opportunities, and cost structure to encourage
the company's location of the Project in your state/province. Please contact
amazonhg2@amazon.com for questions while responding to this RFP.
This RFP is only an invitation for proposals, the substance of which may be memorialized in a binding,
definitive agreement or agreements if any proposal is selected. Amazon may select one or more
proposals and negotiate with the parties submitting such proposals before making an award decision,
or it may select no proposals and enter into no agreement.
7
4
CITY OF HUNTINGTON BEACH
Professional Service Approval Form
PART II
Date: 10/9/2017 Project Manager: Antonia Graham
Requested by Name if different from Project Manager:
Department: City Manager
RECEIVED
NOV 08 2017
Finance Department
PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & I/ MUST
BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant: Intertrend
2) Contract Number: ADM
(Contract numbers are obtained through Finance Administration x 5630)
3) Amount of this contract: $15,ocD /S aoo �r�
Account number
Contractual Dollar Amount
Business unit. object #
Fiscal Year
17/18
Fiscal Year
Fiscal Year
Fiscal Year
10040101.69365
$ 5,000 /S, o
$
$
$
4) Is this contract less than $50,000? ® Yes ❑ No
5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
6) Is this contract over $100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to the contract.)
7) Were formal written proposals requested from at least three available qualified consultants?
❑ Yes ® No
8) Attach a list of consultants from whom proposals were requested (including a contact telephone
number.)
9). Attach Exhibit A, which describes the proposed scope of work.
10) Attach Exhibit B, which describes the payment terms of the contract.
tL �Iy Avc
D artment Head Date
Chief Financial Officer (or designee) Signature
Date
li 3
Date
1111filn
Date
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