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046-20 - Summit Law Group - ContractCITY OF PORT ORCHARD CONTRACT FOR PROFESSIONAL SERVICES Contract No. 046-20 This Agreement is entered into by and between the City of Port Orchard, a Washington municipal corporation ("City"), and Summit Law Group ("Consultant") whose principal office is located at 315 5th Ave. South, Suite 1000, Seattle, Washington 98104. WHEREAS, the City has determined the need to have certain services performed for the residents of the City of Port Orchard, requiring specific expertise, and WHEREAS, the City desires to have the Consultant perform such services pursuant to certain terms and conditions, NOW THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Consultant. The Consultant shall perform those services described in Exhibit "A" of this Agreement. In performing such services, the Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the performance of such services. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. The Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The Consultant shall request payment for work performed The City shall pay Consultant [Check applicable method of payment]: X According to the rates set forth in Exhibit "A." Rates may be adjusted on an annual basis by written agreement of the parties as an addendum to this Agreement. The Consultant shall complete and return to the City Exhibit "B," federal tax Form W-9, prior to or along with the first billing invoice. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. 3. Duration of Agreement. This Agreement shall commence upon mutual execution and shall terminate on December 31, 2021 ("Termination Date'), unless terminated sooner by either Party as provided herein, provided the City shall have the right to extend the Agreement beyond the Termination Date for an additional two (2) years by written notice to the Consultant in advance of the Termination Date. Time is of the essence of this agreement in each and all of its provisions in which performance is required. 4. Ownership and Use of Documents. Any records, files, documents, drawings, specifications, data or information, regardless of form or format, and all other materials produced by the Consultant and submitted to the City in connection with the services provided to the City, shall be the property of the City, whether the project for which they were created is executed or not. 5. Independent Consultant. The Consultant and the City agree that the Consultant is an independent Consultant with respect to the services provided pursuant to this Agreement. The Consultant will be solely responsible for its acts and for the acts of its agents, employees, subconsultants or representatives during the performance of this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 6. Indemnification. A. Consultant shall protect, defend, indemnify and hold harmless the City, its officers, officials, employees, agents and volunteers from any and all costs, claims, injuries, damages, suits, losses or liabilities of any nature, including attorneys' fees, arising out of or in connection with the acts, errors or omissions of the Consultant, its officers, employees and agents in performing this Agreement. B. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. C. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, -2- operations, independent Consultants and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liabili1y insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provision. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance (as applicable to each line of coverage): 1. The Consultant's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant shall provide thirty (30) days written notice by certified mail, return receipt requested, to the City prior to the cancellation or alteration of coverage. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City., or any self-insurance, or insurance pool coverage maintained by the City. 4. If coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided by the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. The Consultant shall furnish the City with original certificates for all policies and a copy of the amendatory endorsements, including but not necessarily -3- limited to, the additional insured endorsement for Automobile Liability and Commercial General Liability, evidencing the insurance requirements of the Consultant before commencement of the work. 8. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain other such records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after the termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated as follows: A. The City reserves the right to terminate or suspend this Agreement at any time, with or without cause, upon thirty (30) days prior written notice. B. In the event of termination or suspension, all finished or unfinished documents, data, studies, worksheets, models, reports or other materials prepared by the Consultant pursuant to this Agreement shall promptly be submitted to the City. B. In the event this Agreement is terminated or suspended, the Consultant shall be entitled to payment for all services performed and reimbursable expenses incurred to the date of termination. C. This Agreement may be canceled immediately if the Consultant's insurance coverage is canceled for any reason, or if the Consultant is unable to perform the services called for by this Agreement. D. The Consultant reserves the right to terminate this Agreement on thirty (30) days prior written notice in the event that outstanding invoices are not paid within sixty (60) days. E. This provision shall not prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 11. Business License. The Consultant shall obtain a City of Port Orchard business license before commencing work under this Agreement. 12. Discrimination Prohibited. The Consultant shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Consultant under this Agreement, on the basis of race, color, religion, creed, sex, sexual orientation, age, national origin, marital status, presence of any sensory, mental or physical disability, or other circumstance prohibited by federal, State or local law or ordinance, except for a bona fide occupational qualification. 13. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 14. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." in the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 15. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 16. Employment of State Retirees. The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of Consultant's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Consultant is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Consultant shall determine whether any of its employees providing services to the City or its owners retired using the 2008 ERFs, and shall immediately notify the City using the form attached hereto as Exhibit "C". This notification to DRS could impact the payment of retirement benefits to the employee or owners of Consultant. Consultant shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Consultant's failure to comply with the terms of this provision. This provision shall survive the termination of this Agreement. 17. Non -appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provisions are effectuated. 18. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 19. Notices. Notices to the City shall be sent to the following address; City of Port Orchard Debbie Lund Human Resources Coordinator 216 Prospect Street -5- Port Orchard, WA 98366 Notices to the Consultant shall be sent to the following address: Summit Law Group Sofia Mabee 315 5'h Ave. S. Suite 1000 Seattle, WA 98104 sofiam SummitLaw.coni 206-676-7112 20. Applicable Law, Venue, Attorneys Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in Kitsap County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit, which shall be fixed by the judge hearing the case, and such fee shall be included in the judgment. 21. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the parties have executed this Agreement on this 3D day of April 2020. CITY OF PORT ORCHARD, WASHINGTON By: _ N7neA� Robert Putaans , Mayor ATTEST/AUTHENI IC,1 TE: By:— Brgid—Rinearson, M , City Clerk APPROVED Atl.Sr-T() FORM: By: flarlotte A. '4I'pAgr City Atto y �� Ube{)��,• .�r, SUMMIT LAW GROUP al Sofia Mabee, Partner DocuSign Envelope ID: 92E003A6-9B61-4A4D-9399-67AC8E2EECFC 0 SUMMIT 101 LAW GROUP SOFIA D. MABEE DID: (206) 676-71 12 EMAIL: soflainoy sunimillaw. coin Via email: dlund@cityofportorchard. us April 15, 2020 Mayor Robert Putaansuu City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Engagement Letter Dear Mayor Putaansuu: Exhibit A 315 Fifth Ave S Suite 1000 Seattle, Washington 98104 phone • 206 676.7000 fax • 206.676.7001 Thank you for considering hiring Summit Law Group to represent the City of Port Orchard with regard to labor and employment matters. We will represent the City's interests vigorously and do our very best to be prompt, thoughtful and practical in everything we do on its behalf. If you have not yet had an opportunity to view the background of Summit Law Group, please take a moment to visit our website (www.summitlaw.com). Summit Law Group was founded on the principle that a modern law firm should be focused on its customers, not its lawyers. We designed Summit to be leaner, more efficient and more customer -responsive than traditional law firms. We want to form productive working partnerships with our customers, delivering a better product at greater value. Fee Arrangements. We will build a working partnership with you to enable you to maintain control over the scope and cost of the City's legal work. We are especially interested in fee arrangements that provide incentives for us to be cost effective and that reward us for superior results. Unless we agree otherwise, however, we will charge for our services by the billable hour. We encourage you to consider and suggest other ways of measuring the value of our services during the course of our relationship. Whether you choose to be billed by the hour, or some other fee arrangement, we, unlike any other law firm we know of in the country, invite the City to pay in accordance with its perception of the value of our legal services. To that end, within 30 days of our invoice, you are free to adjust our billed amount —upward or downward —based on your perception of the value that you have received. At present, my current hourly rate applicable to this engagement is $330. The billing rates and contact information of the Summit team members who are available to assist with this engagement are included in the Appendix to this letter. DocuSign Envelope ID: 92E003A6-9B61-4A4D-9399-67AC8E2EECFC Mayor Putaansuu April 15, 2020 Page 2 Unless otherwise agreed in writing, we will provide you with full itemized electronic billing information on a monthly basis, including people working on your engagement, their hours and rates and a detailed description of services performed. Payment of our bill is due upon receipt of our invoice and bills not paid within thirty (30) days of the date of the invoice will accrue interest at a rate of l% per month. We do not charge for telephone, photocopying, computerized legal research, local travel, or other costs that are properly part of our cost of doing business. We charge our actual costs for out-of-town travel and meals, working meals, and other vendor expenses (e.g., for high volume photocopying, courier and messenger services and other extraordinary expenses). We also charge for certain third -party vendor expenses related to document processing and discovery, electronic or otherwise (which may include the use of artificial intelligence). Our billings are monthly, unless otherwise agreed. Attached to this letter is an Appendix that includes additional terms of this engagement. Together, this letter and the Appendix constitutes the agreement between you and us regarding our professional services. if the terms of our representation as described above and in the Appendix are acceptable, please date and sign this letter where indicated below and return it to me via mail, facsimile or electronic mail. This agreement will take effect on the date of your signature or when we first perform services, whichever is earlier. Sincerely, SUMMIT LAW GROUP, PLLC Sofia D. Mabee AGREED AND ACCEPTED: City of Port Orchard By Title u .� r Dated J 4L) • o�L) �t) DocuSign Envelope ID: 92E003A6-9B61-4A4D-9399-67AC8E2EECFC APPENDIX TO ENGAGEMENT LETTER OF SUMMIT LAW GROUP, PLLC The term "you" below refers to the client in this engagement. If the client is an entity, then we have addressed the accompanying engagement letter to the client's authorized representative, but the term "you" below refers to the entity client. IDENTITY OF CLIENT. In representing a client which is an entity, we do not thereby also separately represent affiliates or other constituents of the entity, nor do we separately represent the owners, officers, directors, founders, managers, members, partners, fiduciaries, or employees of the entity in their individual capacities or with respect to their individual affairs. We will rely upon you to inform them of this fact where appropriate. Unless we agree otherwise in writing, we do not by virtue of our representation of you also represent any entity that controls you, is controlled by you or is under common control with you. We will look to the addressee of the engagement letter for our instructions on behalf of the entity, unless you inform us otherwise in writing. SCOPE OF ENGAGEMENT. The scope of this engagement is described in the accompanying engagement letter. The scope of our engagement may change if you ask us to provide different or additional services and we agree in writing to provide them or we actually proceed to provide them and bill you for them. If our engagement changes, the terms set out in the accompanying engagement letter and this Appendix will apply to the changed engagement, unless we enter into a further agreement modifying this one. Our engagement may be terminated by either one of us upon written notice to the other. SUMMIT TEAM ASSIGNED TO THIS ENGAGEMENT. At Summit Law Group, we assign a team to your engagement. Your team includes the individuals listed below: Professional Direct Dial Email Hourly Rate Sofia D. Mabee (206) 676-7012 sofiam@summitlaw.com $330 Otto Klein (206) 676-7034 ottok@summitlaw.com $355 Rodney Younker (206) 676-7080 rody@summitlaw.com $355 Shannon Phillips (206) 676-7092 shannonp@summitlaw.com $330 Beth Kennar (206) 676-7068 bethk@summitlaw.com $330 Kristin Anger (206) 676-7023 kristina@summitlaw.com $330 Mike Bolasina (206) 676-7006 mikeb@sunzmitlaw.com $330 Seth Berntsen (206) 676-7020 sethb@summitlaw.com $330 Dan Swedlow (206) 676-7024 dans@summitlaw.com $320 Quinn Oppenheim (206) 676-7106 quinno@summitlaw.com $315 DocuSign Envelope ID: 92E003A6-9B61-4A4D-9399-67AC8E2EECFC Professional Direct Dial Email Hourly Rate John Lee (206) 676-7057 johnl@summitlaw.com $285 Rachael Curtis (206) 676-7022 rachaelc@summitlaw.com $275 Laura Davis (206) 676-7017 laurad@summitlaw.com $260 Hathaway Burden (206) 676-7040 hathawayb@summitlaw.com $260 We may in the future add other professionals to your team depending on the time and experience required by your matters, which may include contract personnel with appropriate credentials to complete certain work under our supervision. We will charge you for the time of these individuals at rates established by us based on their experience and expertise, the same as we do for our employees and partners. BILLING AND PAYMENT. We review and make changes to our hourly rates from time to time, usually on an annual basis. Changes may or may not apply across the board to all timekeepers. Timely payment in full is a condition to our continuing provision of services. You agree that we may suspend or terminate our services and may withdraw from this engagement in the event our fees and other charges are not timely paid, subject to applicable rules governing attorney withdrawal. In extreme cases, we may pursue recovery of unpaid fees through collection actions or litigation. If our engagement is terminated by either you or us for any reason, you will remain obligated to pay us all fees and other charges properly incurred up to the termination date. Although on occasion we will in good faith attempt to estimate in advance the fees and costs of an engagement, we are not bound by any such estimate unless agreed in writing. Also, we are not obligated to revise, amend or correct any such estimate if subsequent developments make it inaccurate. If we have more than one client in this engagement, then each is jointly and severally obligated to pay us unless we agree otherwise in writing. Any outside arrangements you may have for allocation, reimbursement, insurance, indemnification or the like will not relieve you of your obligation to pay amounts due. CONFLICT CHECK. At the beginning of each engagement we conduct a review of potential conflicts of interest to ensure compliance with the Rules of Professional Conduct, using names that you have provided. As we move forward, please be sure to immediately provide us with any new or different names of adverse or interested parties so that we may update our conflict check. COMMUNICATIONS WITH SUMMIT. Our communications with you may include legal advice and information that is protected by the attorney -client privilege, the work product doctrine, or other protections from disclosure. To maintain these privileges and protections, both you and Summit must take reasonable DocuSign Envelope ID: 92E003A6-9B61-4A4D-9399-67AC8E2EECFC measures to safeguard the confidentiality of our communications. Please be aware that if you reveal information to a third party, including by communicating with us on an email system accessible by a third party or on a mobile device that you do not control, protections of privilege and confidentiality may be lost. You should also be aware that there may be circumstances in which we have an independent ethical duty to reveal privileged information. FRAUD PREVENTION. During the course of our engagement, there may be a need or desire to arrange for the electronic transfer of funds to Summit or to other parties. In the event that you receive a request for a funds transfer, wire transaction, or other matter involving your financial accounts or your account at Summit, please confirm the legitimacy of the request verbally with a known contact at Summit before you proceed with the transaction. OWNERSHIP AND RETURN OF FILES. By executing our engagement letter, you agree that the files generated or accumulated as a result of our representation belong to Summit Law Group. If you desire an electronic copy of the files at the conclusion of our representation, you will be provided with an electronic copy of the files. Under our document retention policy, we normally destroy client records, including electronic records, seven years after the conclusion of a matter unless other arrangements are made or the nature of the matter requires a longer retention period. E-mails that are duplicative, routine or otherwise not part of the client file may be destroyed before the end of the seven-year period, without prior notice to you. DISPUTE RESOLUTION AND ARBITRATION. If you become dissatisfied with any aspect of our relationship, including the quality or adequacy of our representation, you agree to bring that to our attention, and we each agree to negotiate in good faith to resolve the matter. If we cannot reach agreement, we each agree to comply with any mandatory dispute resolution procedures that apply to any such dispute. If such applicable mandatory dispute resolution procedures have been completed or waived, and a dispute still exists between us, we each agree that the dispute will be submitted for mediation under the rules of JAMS. If such mediation fails, and a dispute still exists between us, we each agree that the dispute will be submitted to binding arbitration under the rules of JAMS. In arbitration, there is no right to a trial by jury and the arbitrator's legal and factual determinations are generally not subject to appellate review. By signing this agreement, you acknowledge that the agreement to arbitrate results in a waiver of your right to a court or jury trial for any fee dispute or malpractice claim. This also means that you are giving up your right to discovery and appeal. If you later refuse to submit to arbitration after agreeing to do so, you may be ordered to arbitrate pursuant to the provisions of Washington law. You acknowledge that before signing this agreement and agreeing to binding arbitration, you are entitled to, and have been given, a reasonable opportunity to seek the advice of independent counsel. Exhibit B W=9 Request for Taxpayer Give Form to the Form Identification Number and Certification requester. Go not (Rev. October2018) Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for Instructions and the latest information. 1 Name (as shown on your Inc amo tax return). Namo Is required on this lino; do not leave this line blank 2 &csiness nameldlsragarded entity name, If different from above y 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entitles, not IndivldUEls; see a Instructions on page 3); a ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate C single -member LLC Exempt payee code (If any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Nate: Check the appropriate box in the line above far the tax olassiftcation of the single-murnber owner. Do not check Exemption from FATCA reporting LLC If the LLC is elasslned as a single -member LLC that is disregarded from the owner unless lho owner or the LLC Is code (If any) C — anolhar LLC that Is not disregarded from She owner fir U.S. federal ta+ purposes. Otherwise. a single-rrtamber LLC that kE a o Is disregarded from the owner should check the appropriate box for the tax classification of Its owner. V ❑ Other (see Instructions) ■ (Applies to eccounts maintained ouislde the U.S.J y 5 Address (number, street, and apt, or suite no,) See Instructions. Retfueslers name and address (optional) s City, state, and ZIP code 7 List account number(s) here loptfonall W91 Me Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number � _ � I� For individuals, this Is generally your social security number (SSN). However, fora backup withholding. sole resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later, For other n,MM sx It Is trmrr wmnlntiwr Irtannflratlnn niimhnr fFIN1. If vnti rin not hava a number. see Now to aet a L� TIN, later. - or Note: If the account is In more than one name, see the instructions for line 1. Also see What Name and Empteyer Number To Give the Requester for guidelines on whose number to enter. I I I Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me trat I am no longer subject to backup withholding; and 3. 1 am a U.S, citizen or other U.S, person (defined below); and 4. The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting Is correct. Codification instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding :)eeause you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part 11, later. Sign signature of Here U.S. person ■ Date► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to www.lrs.gov/FormlN9. Purpose of Form An Individual or entity (Form W-9 requester) who Is required to flle an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (FIN), to report on an Information return the amount paid to you, or other amount reportable an an information return. Examples of information returns Inolude, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (Including a resident alien), to provide your correct TIN. lryou do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding, later. Cat. No. 10231X Form W-9 (Rev.10-2018) Form W-9 (Rev. 10-2018) By slgning the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected Income, and 4. Certify that FATCA code(s) entered on this form (If any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An Individual who Is a U.S. citizen or U.S. resident allen; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable Income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, If you are a U.S. person that Is a partner In a partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S, status and avoid section 1446 withholding on your share of partnership Income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S, status and avoiding withholding on Its allocable share of net income from the partnership conducting a trade or business in the United States. • In the case of a disregarded entity with a U,S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S, grantor or other U.S, owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entitles). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S, tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptlons specified In the saving clause may permit an exemption from tax to continue for certain types of Income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U,S. resident allen who Is relying on an exception contained In the saving clause of a tax treaty to clai n an exemplion from U.S. lax on certain types of income, you must attech a statement to Form W-9 that speclfles the following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident allen, 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and Its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Page'2 Example. Article 20 of the U.S.-China Income tax treaty allows an exemptlon from tax for scholarship Income received by a Chinese student temporarily present in the United States, Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that Includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What Is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding Include Interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made In settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive If you give the requester your correct TIN, make the proper certlflcatlons, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding If: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for Part II for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 19B3 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships, earlier. What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are speclfled United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee If you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated Information If you are a C corporation that elects to be an S corporation, or If you no longer are tax exempt. In addition, you must furnish a new Form W-9 If the name or TIN changes for the account; for example, If the grantor of a grantor trust dles. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure Is due to reasonable cause and not to willful neglect. Civil penalty for false Information with respect to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Form W-9 (Rev. 10-2018) Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or imprisonment. Misuse of TINS. If the requester discloses or uses TINS In violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 Is for a joint account (other than an account maintained by a foreign financial Institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered In Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1 a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your Individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that is not a single -member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that Is disregarded as an entity separate from Its owner is treated as a "disregarded entity." Sae Regulations section 301.7701-2(c)(2)(111). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the Income should be reported. For example, If a foreign LLC that Is treated as a disregarded entlly for U.S. federal tax purposes has a single owner that Is a U.S. person, the U.S. owner's name Is requlred to be provided on IIne t, if the direct owner of the entity Is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 Instead of a Form W-9. This Is the case even if the foreign person has a U.S. TIN. Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3. Page 3 IF the entity/person on line 1 is THEN check the box for ... e(n) ... • Corporation Corporation • Individual Individual/sole proprietor of single- • Sole proprietorship, or member LLC • Single -member limited liability company (LLC) owned by an Individual and disregarded for U.S. federal tax purposes. • LLC treated as a partnership for Limited liability company and enter U.S. federal tax purposes, the appropriate tax classification. • LLC that has filed Form 8832 or (P= Partnership; C= C corp:)ratlon; 2553 to be taxed as a corporation, or S= S corporation) or • LLC that Is disregarded as an entity separate from Its owner but the owner Is another LLC that Is not disregarded for U.S. federal tax purposes. • Partnership Partnership • Trust/estate Trust/estate Line 4, Exemptions If you are exempt from backup withholding and/or FATCA report ng, enter In the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. • Generally, Individuals (including sole proprietors) are not exemot from backup withholding, • Except as provided below, corporations are exempt from backup withholding for certain payments, Including Interest and dividends, • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes Identify payees that are exempt from backup withholding. Enter the appropriate code In the space In line 4. 1—An organization exempt from tax under section 501(a), any RA, or a custodial account under section 403(b)(7) it the account satisfies the requirements of section 401(f)(2) 2—The United States or any of Its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or Instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate Investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial Institution 12—A middleman known in the Investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described In section 4947 Form W-9 (Rev. 10-2016) The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13, IF the payment is for . , , THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over 1 through 52 $5,000' Exempt payees 1 through 4 Payments made In settlement of payment card or third party network transactions 1 See Form 1099-MISC, Miscellaneous Income, and its Instructions. 2 However, the following payments made lc a corporation and reportable on Form 1099-MISC are not exempt Irom backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial Institutions. Therefore, if you are only submitting this form for an account you hold In the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain If the financial institution is subject to these requirements. A requester may Indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar Indication) written or printed on the line for a FATCA exemption code. A —An organization exempt from tax under section 501(a) or any Individual retirement plan as defined In section 7701(a)(37) B—The United States or any of its agencies or Instrumentalities C—A state, the District of Columbia, a U.S, commonwealth or possession, or any of their political subdivisions or Instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described In Regulations section 1.1472-1(c)(1)(i) E—A corporation that is a member of the same expanded affiliated group as a corporation described In Regulations section 1.1472-1(c)(1)(1) F—A dealer In securities, commodities, or derivative financial Instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate Investment trust H—A regulated Investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I —A common trust fund as defined In section 584(a) J—A bank as defined In section 581 K—A broker L—A trust exempt from tax under section 664 or described In section 4947(a)(1) Page 4 M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This Is where the requester of this Form W-9 will mail your Information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address Is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN Is your IRS Individual taxpayer Identification number (ITIN). Enter It in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. If you are a single -member LLC that is disregarded as an entity separate from Its owner, enter the owner's SSN (or EIN, If the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity's EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Buslnesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 malled to you within 10 business days. If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" In the space for the TIN, sign and date the form, and give It to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give It to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8, Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below Indicates otherwise. For a joint account, only the person whose TIN is shown In Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. Signature requirements. Complete the certiflcatlon as indicated In Items 1 through 5 below. Form W-9 (Rev. 10-2018) 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered Inactive during 19M. You must sign the certificatian or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 In the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect TIN. "Other payments" Include payments made in the course of the requester's trade or business for rents, royattles, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a non employee for services, payments made in setttemant of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, aanceliatlon at debt, qualified tuition program payments (under section 1529), ABLE accounts (under section 529A), IRA, CoverdeII ESA, Archer MSA a HSA contributl one or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: _ _ 1. Individual The Individual 2. Two or more Individuals ljolnt The actual owner of the account or, If account) other than an account combined funds, the first Individual on maintained by an FFI the account 3. Two or more U.S, persons Each holder of the account (Jolnt account maintained by an FFI) 4. Custodial account of a minor The minW (Uniform Gift to Minors Act) 5. a. The usual revocable savings trust The grantor -trustee' (grantor Is also trustee) b. So-called trust account that Is not The actual owner a legal or valid trust under state law 6. Sole proprietorship or disregarded The owner3 entity owned by an Individual 7. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(1) (A)) For this type of account: Give name and EIN of: The owner B. Disregarded entity not owned by an Individual 9. A valid trust, estate, or pension trust Legal entlty4 10, Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 11. Association, club, religious, The organization charitable, educational, or other tax- exempt organization 12. Partnership or multl-member LLC The partnership 13. A broker or registered nominee The broker or nominee Page 5 For this type of account: I Give name and EIN of: 14. Accoi ml with the Department of The public entity Agriculture In the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 15. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Flegdallons section 1.671-4(b)(2)(I}(9)) 1 List first and circle the name of the person whose number you furnlsh. If only one person on a joint account has an SSN, that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN, You must show your individual name and you may also enter your business or DBA name on the "Business nari e/d I sragarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself Is not designated In the account title.) Also see Special rules for partnerships, earlier. "Note: The grantor also must provide a Form W-9 to trustee of trust. Note: If no name Is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records From Identity Theft Identity theft occurs when someone uses your personal Information such as your name, SSN, or other identlfying Information, without your permission, to ccmmit fraud or other orlmes. An Idantlty thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk; • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. It your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen pumas or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotllne at 1-800-908-4490 or submit Form 14039, For more information, see Pub. 5027, Identity Theft Information for Taxpayers. Vlctlms of Identity theft who are experlencing economic harm or a systemic problem, or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1-B77-777-4778 or TTY/TDD 1-800-629-4059, Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of emalI and websites designed to mimic legitimate business smalls and websltes. The most common act is sending an small to a user falsely claiming to be an established legitimate enterprise In an attempt to scam the user Into surrendering private Information that will be usod for Identity theft. Form W-9 (Rev, 10-2018) The IRS does not Initiate contacts with taxpayers via emalls. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts. If you receive an unsolicited small claiming to be from the IRS, forward this message to phishing®irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-B00-366-4484, You can forward suspicious smalls to the Federal Trade Commission at spam®uce.gov or report them at www.Rc.gov/complaint. You can contact the FTC at www.ftc.govlfdtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of Identity theft, see www.identityTheft.gov and Pub, 5027. Visit www.irs.gov//dentityTheft to learn more about Identity theft and how to reduce your risk. Page 6 Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (Including federal agencies) who are required to file Information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the Information on the form to file Information returns with the IRS, reporting the above Information. Routine uses of this Information Include giving It to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws, The Information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer, Certain penalties may also apply for providing false or fraudulent Information, 1 Contractor or Third -Party Worker Contact Information for Retirement Status Verification DRS Employer Support Services 360,664.7200, option 2 A1160 N,k},,,yG,ON „„ 800.547.6657, option 6, option 2 i]aljartment of This form is for employers to use to verify the retirement status employersupport@drs.wa.gov Retirement Systems of a worker paid through accounts payable or a third party. Employer Information Failure to report a retiree to DRS can result in a significant liability to the employer for pension overpayments, Some workers are considered to be employees of both your agency and the third party (dual employers). A retiree who is in an employee/employer relationship with your agency is subject to the same retiree -return -to -work (RRTW) rules as an employee paid through payroll. Additionally, workers under age 65 who retired using the 2008 Early Retirement Factors (ERF) are subject to stricter return -to -work rules and cannot perform services in any capacity for a DRS-covered employer and continue to receive a benefit. Employer Instructions • Use Member Reporting Verification (MRV) to review the worker's retirement status. Did the worker retire from a DRS-covered plan? ❑ Yes ❑ No If yes and in an employee/employer relationship with your agency, report using RRTW rules. • Did the worker retire using the 2008 ERF? ❑ Yes ❑ No If yes, contact Employer Support Services (ESS) immediately. • Sign and date this form. • Retain this form for three years beyond your relationship with the worker. Worker Information Worker Name (Last, First, Middle) Social Security Number If your agency doesn't directly pay the worker, name the company or contractor paying the worker Identify the Type of Worker (Check Only One) ❑ Employee Hired Through a Third Party (Staffing Agency, Temp Agency, Etc.) ❑ Independent Contractor ❑ Worker Provided by Company or Contractor Your Agency Hired to Perform Services Employer Signature I have verified the information above using MRV or by contacting a DRS representative. I acknowledge that failure to properly report a 2008 ERF retiree to DRS can result in a liability to the employer. Employer Signature Date DRS MS 346 4/18 111111Ip1IIIRIIIIsIIIIMIIIIs1IIIIIIII4IIIIs1111111