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HomeMy WebLinkAbout2021-075 Agrmt- Engineering Support Services LLC PERSONAL SERVICES AGREEMENT(LESS.THAN$35,000.00) CONSULTANT: ENGINEERING SUPPORT CITY Q ' .SERVICES,LLC ASHLAND CONSULTANT'S CONTACT: LOREE PRYCE 20 East Main Street Ashland;Oregon 97520 ADDRESS: 310 N.MAPLE STREET Telephone: 541/488-5587 COOS BAY, OREGON 97420 Fax: 541/488-6006 PHONE: :805-680-9509 This Personal Services Agreement'(hereinafter"Agreement")is entered into by and between the City of Ashland,an Oregon municipal oration co � (hereinafter"City")and Engineering Support. Services,LLC,a domestic limited liability company("hereinafter"Consultant"),for land division services for the City's Briscoe School Property. , NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and • Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City,as set forth below(the"Effective Date"),and unless sooner terminated as specifically provided herein,shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than June 30,2022. - 2• Scope of Work: Consultant will provide land division servicesfCity's or the Briscoe School Property as more fully set.forth in the Consultant's Scope of Work dated December 15,2021, which is attached hereto as"Exhibit A"and incorporated hereinby this reference. Consultant's services are collectively referred to herein as the"Work. 3. Compensation: City shall pay Consultant$5000.00(five thousand U.S.dollars)as full compensation for Consultant's performance of all Work under this.Agreement. In no event.shall Consultant's total of all compensation and reimbursement under this Agreement exceedthe sum of$5000.00(five thousand U.S.dollars)without the express,written approval from the City official whose signatureappears below,or such official's successor in office_: Payments shall be made within thirty(30)days of the.date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and:accepted as of the date of termination. Page I of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND ENGINEERING SUPPORT SERVICES,LLC } 4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shallcontrol over any conflicting provisions in any of the exhibits or supporting documents. 5.. . . ;All Costs Borne by.Consultant Consultant shall,at its own risk,perform the Work described above and,unless otherwise specified in this Agreement,furnish all labor,equipment,and materials required for the proper performance of such Work. ' 6. Qualified Work: Consultant has represented,and by enteringinto this.Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the services to which they will be assigned in a skilled manner and,if required to be registered,licensed,or bonded by the State of Oregon,are so registered,licensed, or bonded. 7. Ownership of Work/Documents: All Work,'work product,or other documents produced in furtherance of this Agreement belong to the City,and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. All reuse not occurring as part of this Work shall be without liability to the Consultant. 8. Statutory Requirements: The following laws of the.State of.Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is$22,310.46 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter,to all employees performing.Work under this Agreement and to any Subcontractor who performs 50%or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as"Exhibit:B predominantly in areas where-it will be seen by all employees.' 10. Indemnification: Consultant hereby agrees to defend,indemnify,i save,and hold City,its officers,employees,and agents harmless from any and all losses,claims,actions,costs, expenses,judgments,or other damages resulting from injury to any person(including injury resulting in death),or damage(including loss or destruction)to property,of whatsoever nature to the extent caused by,arising out of,or incidentto the negligentperformance of this Agreement by.Consultant(including'but not limited to,Consultant's employees,agents,and others designated by Consultant to perform Work'or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses,expenses,claims,costs,judgments,'or other damages,caused solely by the gross negligence of City. Page 2 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND ENGINEERING SUPPORT SERVICES,LLC . • • I . 11. Termination:: a. . Mutual Consent This Agreement may be terminated at anytime by the mutual consent of both parties., . • , 'b. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty(30)days'prior written notice delivered by certified mail or in person. c. For Cause. City may terminate or modify this Agreement,in whole or in part,effective upon delivery of written notice to Consultant,orat such later date as may be established by City under any of the following conditions: i. If City funding from federal,state,county or other sources is not obtained and continued at levels sufficient to allow forthe purchase of the indicated quantity of services;' ii. If federal or state regulations or guidelines are modified,changed,or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement;or in If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied,revoked, suspended,or not renewed." d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen:(15). . . days of the date of the notice,or within such other period as the party giving the notice may authorize in writing,then the.Agreement may be terminated at any time thereafterby a written notice of termination by the party giving notice. ii. Time is of the essence for.Consultant's performance of each and every obligation and duty under this Agreement. City;by written notice to Consultant of default or breach, • may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work within the time specified herein or within any extension thereof. iii. The rights and remedies of City provided in this subsection(d)are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a,b,or'c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However,upon receiving a notice of termination(regardless whether such notice is given pursuant to Subsection a,b,c,or d of this section,Consultant shall immediately cease all activities under this Agreement,unless expressly directed otherwise by City in the notice of termination.Further,upon termination, Consultant shall deliver to City all documents, information,works-in-progress and other property that are or would be deliverables had Page 3 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND.ENGINEERING SUPPORT SERVICES,LLC the Agreement been.completed. City shall pay consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12: Independent Contractor Status: Consultant is pan independent contractor and not an employee - of the City for any purpose. Consultant shallhave the complete responsibility for the performanceof this Agreement. Consultant shall provide workers'compensation coverage as required in ORS chapter 656 for all persons employed to.perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall notassign this Agreement orsubcontract any portion ofthe Work without the.written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall,be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval by City of any assignment or subcontract of the Work shallnot create any contractual relation between the assignee or subcontractor and City. 14. Default; The Consultant shall be in default of this Agreement if Consultant: commits any material breach or default of any covenant,warranty,certification,or obligation under the Agreement;institutes an action for relief in bankruptcy or has instituted against it an action for insolvency;makes a general assignment for the benefit of creditors;or ceases doing business on • a regular basis of the type identified in its obligations under the Agreement;or'attempts to assign rights in,or delegate duties under,this Agreement. 15. 'Insurance. Consultant shall,at its own expene,maintain the following insurance: l . a. Worker's Compensation insurance in compliance with ORS 656.017,which requiressubject :employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit,or the equivalent,of not less than$2,000,000(two million dollars)per claim. This'is to cover any damages caused by error,omission or negligent acts related to the Work to be provided under this Agreement. "Tail" coverage will be required at the completion of the Work under this Agreement for the remaining Term, and for not less than twenty' -four(24).months after completion of all Work. Consultant shall be responsible for furnishing certification of the"tail" coverage as described herein or continuous".claims made" liability coverage for not less than twenty-four(24) months followingcompletion of all Work,provided that the continuous"claims made" coverage has a.retroactive date on or before the Effective Date of this Agreement." c. .General Liability insurance with a combined single limit,or the equivalent, of not less than $2,000,000(two million dollars)per occurrence for Bodily Injury,Death,and Property Damage. d. Automobile Liability insurance with a combined single limit,or the equivalent,of not less thn$1,000,000(one million dollars)for each accident for Bodily Injury.and Property Damage,including coverage for owned,hired,Or non-Owned vehicles,as-applicable. Page 4 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND ENGINEERING SUPPORT SERVICES,LLC • • • • • e. Notice of cancellation or change. There shall be no cancellation,material change,reduction of limits;or intent not to renew the insurance coverage(s)without thirty(30)days'prior, written notice from the Consultant or its insurer(s)to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon,andits elected officials,officers and employees,as Additional Insureds on any insurance policies,excluding Professional Liability and Workers' Compensation,required herein,but only with respect to Consultant's services to be provided under this Agreement. Consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Agreement,Consultant shall furnish acceptable insurance certificates prior,to commencing the Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance: The Consultant shall be financially responsible for all pertinent deductibles;self-insured retentions,and/or self-insurance. 16. Nondiscrimination: Consultant agrees that no person shall,on the grounds of race,color, religion,creed,sex,marital status,familial status or domestic partnership national.origin,age, mental or physical disability,sexual orientation,gender identity or source of income,suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. ,Further, Consultant agrees not to ;discriminate against a disadvantaged business enterprise,minority-owned business,woman- owned business,a disabled veteran owned business,or an emerging small business enterprise certified under ORS 200:055,in awarding subcontracts as required by ORS 279A:110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultantshall,throughout the term of this Agreement,including any extensions hereof, comply with: (i)All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant;and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce anyof the foregoing tax laws or provisions. 17.1.2 Consultant,for a period of no fewer than six(6)calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon,including'but not limited to ORS 305.620 and ORS Chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and • Page 5 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND ENGINEERING SUPPORT SERVICES,LLC • ,(iii).Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Notice. Whenever notice is required or permitted to be given under this Agreement,such notice shall be given in writing to the other party by personal delivery,by sending via a reputable commercial overnight courier,by mailing using registered or certified United States-mail,return receipt requested,postage prepaid,or byelectronically confirmed at the address or facsimile. number set forth below: Ifto the.City: City of Ashland—Community Development Department 1 Attn: Bill.Molnar 20 E.Main Street Ashland,Oregon 97520 • With a copy to: City of Ashland—Legal Department 20.E.Main Street Ashland,Oregon 97520 If to Consultant: Loree Pryce Engineering Support Services,LLC . 310 North Maple Street Coos Bay,Oregon 97420 19. Governing Law. This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in;any:other venue,and expressly consents that,upon motion of the other party,any case may be dismissed or its venue transferred,as appropriate,so as to effectuate this'choice of venue. 20. Amendments. This Agreement may be amended only by written instrument executed byboth parties with the same formalities as this Agreement. 21. Nenappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within • the City's fiscal year budget Consultant understands and agrees that City's payment of amounts • under this Agreement attributable to Work performed after the last day of the current fiscal year Page 6 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND ENGINEERING SUPPORT SERVICES,LLC • ' 1 is contingent on City appropriations,or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion,to continue to make paymentsunder this Agreement. In the event City has insufficient appropriations,limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City,effective upon the delivery of written notice to Consultant,with no further liability to Consultant. 22. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE • UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENTSHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,CONSENT,MODIFICATION OR CHANGE,IF MADE, SHALL BE EFFECTIVE ONLY.IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,AGREEMENTS,OR REPRESENTATIONS,ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT CONSULTANT.HAS READ THIS AGREEMENT; UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 23. Certification. Consultant agrees to and shall sign the certification attached hereto as"Exhibit" and incorporatedherein by this reference. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. - CIT OF ASHLAND: ENGINEERING SUPPORT SERVICES,LLC: By: By: �� Gary Milliman, City Mar ager Pro Tem Signature RYA Date Printed Name i Ie 12451. Iat Date Purchase Order No. • CW-9 is to be submitted with this signed Agreement) J Page 7 of 8:.PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND ENGINEERING SUPPORT • SERVICES,LLC • • • APPROVED AS TO FORM: • t • City Attorney Date 1 • • l , Page 8 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND ENGINEERING SUPPORT SERVICES,LLC Exhibit A • SCOPE OF WORK • • for BRISCOE SCHOOL LAND.DIVISION • December 15,2021 Provide professional services to initiate and process through completion a land division for that City of Ashland-owned property known as the Briscoe School. The landdivision will separate the existing playground area from the property upon which the school building is located. Work will include preparing all land use applications'and exhibits,attending and making presentations at meetings,preparing all maps necessary for recording the division,and completing the land division process through the City of Ashland Community Development Department. Note:This work does not include functions performed by a professional land surveyor. If this licensing is required for the subdivisionprocessing or recordation,the City of Ashland will be notified:of additional costs. • CITY OF ASHLAND, OREGON City of Ashland LIVING• ALL employers described WAG E below must comply with City of Ashland laws regulating •a ment of a livin• wase. $15.96 per hour, effective June 30, 2021. my W6 The Living Wage is adjusted annually every June 30 by the Consumer Price Index. i . Employees must be paid a portion of business of their 401K and IRS eligible living wage: employer,if the employer has cafeteria plans(including _ ten or more employees,and childcare)benefits to the has received financial amount of wages received.by > For all hours worked under a assistance for the project or the employee. service contract between their business from the City of se vice c and e City of Ashland in excess of > Note: For temporary and Ashland if the contract $22,310.46. part-time employees,the exceeds$22,310.46 or more. Living Wage does not apply ➢ If their employer is the City of to the first 1040 hours worked > For all hours worked in a Ashland,including'the Parks _ in any calendar year.' For month if the employee spends and Recreation Department. more details,please see 50%or more of the - Ashland Municipal Code employee's time in that month : > In calculating the living wage, Section 3.12.020. employers may add the value working on a project or of health care, retirement, For additional information: Call the Ashland City Manager's office at 541-488-6002 or write to the City Manager at City Hall,20 East.Main Street,Ashland, Oregon 97520,or visit the City's website at vwvw.ashland.or.us. , Notice to Employers: Thisnotice must be posted predominantly in areas where it can be ' seen by all employees. • CITY OF -ASHLAND Page 1 of 1: EXHIBIT B . EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representative,under penalty of perjury,certifies that(a)the number shown on the attached W-9 form is its correct taxpayer ID(or is waiting for the number to be issued to it and(b)Consultant is not subject to backup withholding because: (i)it is exempt from backup Withholding,or(ii)it. hasnot been notified by the Internal Revenue Service(IRS)that it is subject to backup withholding as a result of a failure te report all interest or dividends,or(iii)the IRS has notified it that it is no longer subject to backup withholding. Consultant further represents and warrants to City that: (a)it has the power and authority to enter into this Agreement and perforin the Work,(b)the Agreement,when executed and delivered,shall be a valid and binding obligation of Consultant enforceable in accordance with its terms,(c)the work under the Agreement shall 'be performed in accordance with professional standards;and(d),Consultant is qualified, professionally competent,and duly licensed(if applicable).to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws,it,is an independent contractor as defined in the Agreement,it is authorized to do business in the State of Oregon,,and,Consultant has checked four or more of the following criteria that apply to its business. >/ (1)Consultant carriesout the work or services at a location separate'from ap rivate residence oris in a specific portion of a private residence,set aside as the location of the business. . - � (2)Commercial advertising or business cards or a trade association membership are purchasedforthe business. (3)Telephone listing is used for the business separate from the personal residence listing. � (4):Labor or services are performed only pursuant to written contracts: (5)Labor or services are performed for two or more different persons within a period of one year. >/ (6)Consultant assumes financial responsibility for defective workmanship or for service not provided_as evidenced by the ownership of performance bonds, warranties,errors and omission(professional liability)insurance or liability insurance relating to the Work or servicesrto be provided. . 'onsul i is signature 1a1 0-99-t Date • • Page 1 of 1: EXHIBIT C • • Form W-9. Request for Taxpayer , Give Form to the (Rev.October 2018). - . Identification Number and Certification requester.Do not 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 income tax return).Name is required on this line;do not leave this line blank. . Loree Pryce: ` • 2.Business name/disregarded entity name,If different'from above Engineering Support Services,LLC I ' • co 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 ar following seven boxes. certain entities,not individuals;see o_ instructions on page 3): • • • ❑✓ Individual Sole proprietor or ' ❑.C Corporation 0 S Corporation 0 Partnership . 0 Trust/estate o ca single-member LLCExemptpayee code(if any) 0 l=1Limited liability.company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► o o,g Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting e co LLC ifthe LLG is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) another LLC that isnot disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that O. c is disregarded from the owner shouldcheck the appropriate box for the tax classification of its Owner. V • '❑ Other(see instructions)0. ' (Applies to accounts maintained outside the U.S.) m to 5.Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) r 678 Lower Garden Valley Road 6 City,state,and ZIP code • Roseburg,OR 97471 • 7 List account number(s)here(optional) • • Part I 'Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number • backup withholding.For individuals,-this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other — — entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later.. . � • .or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and , Employer Identification,number INumber To Give the Requester for.guidelines on whose number to enter. . ' ' - Part II Certification 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.I 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 ant subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that 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. • Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholdingbecause •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,.y required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature Of Here .u.s.person► ' . • Date► 123( I 2.4 General•Instro '•Form 1099-DIV(dividends,including those from stocks or mutual ' • funds) . Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross • noted. • • proceeds) Future developments.For the latest information about developments •Form 1099-B.(stock Or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. . "a Form 1099-S(proceeds from real estate transactions) Purpose of Form '•Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return With the IRS must obtain your correct taxpayer 1098-T.(tuition) identification number(TIN)which may be your social security number •Form 1099=C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption .Form 1099-A(acquisition or abandonment ofsecured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a-U.S.person;(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. • if you do not return Form W-9 to the requester with a TIN, might •Form 1099-INT(interest earned or:paid) 'be subject to backup withholding.See What is backup withholding, • later. . 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