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HomeMy WebLinkAboutAttachment_Winston Associates ProposalGarCoZoning_CvrLtr_1 !"#$%&'(&)*+) ,"#-./01 #/2.3/1&0"41&53/&$61/ $65478 9.43764&"336$."7/3 !!!"!#$%&'$(%%')#(&*%")'+ Planning Community Design Landscape Architecture 3D Visualization 4696 Broadway Boulder, CO 80304 Tel: 303-440-9200 Fax: 303-449-6911 winstonassociates.com March 6, 2012 Garfield County Board of County Commissioners and Land-Use Code Revision Advisory Committee 108 8th Street Glenwood Springs, CO 81601 Re: Professional Planning Consultant Statement of Interest to Facilitate and Draft Revisions to the Garfield County Unified Land Use Resolution of 2008 Dear Garfield County BOCC and Advisory Committee: Statement of Interest Winston Associates and The Land Studio, Inc have joined together to propose the attached scope of work, deliverables, timeline, and budget to facilitate and draft revisions to the Garfield County Unified Land Use Resolution of 2008. We have included relevant experience, resumes, and references for each of our firms related to this submittal. The Team Winston Associates will be the prime contractor for the team. Jeff will facilitate most of the Advisory Committee work sessions, and the public meeting(s). Jeff Winston, principal at Winston Associates, has over 30 years experience in county and community planning, including the most recent updates of comprehensive plans for Garfield County, Glenwood Springs, and Rifle. He has particular expertise and acknowledgement for his facilitation skills, having helped forge consensus on numerous complicated and highly visible projects and problems. The most recent update of the Garfield County Comprehensive Plan gave him invaluable insights into the issues and concerns of county residents, including perceived conflicts between regulations and economic development. Doug Pratte of The Land Studio will co-lead the project with Jeff Winston and will work closely with the Advisory Committee between work sessions. Doug has been a land planner in the Roaring Fork Valley and Colorado River valleys of Colorado since 1986, following his ten years of experience with Design Workshop, Inc. as a landscape architect and land planner. The Land Studio’s current work on the western slope of Colorado includes development/conservation oriented planning, site design, large-scale community planning, and large scale master planning. They serve both the public and private sector. Doug’s work has allowed him to personally experience the ULUR process numerous times. Additionally, Doug has been involved as a participant in the Comprehensive Plan Update processes in both Eagle and Garfield Counties and 4696 Broadway Boulder, CO 90304 Tel: 303-440-9200 Fax: 303-449-6911 winstonassociates.com has worked as a Garfield County ULUR Revision Working Group member to address Phase I revisions to the ULURs as prepared by Garfield County Staff and Clarion and Associates. The combination of experiences above have given both Jeff and Doug intimate familiarity with the issues to be addressed in this project, many of the Advisory Committee members, the County staff, and of course the Board of County Commissioners. They can “hit the ground running” in order to efficiently accomplish the project tasks within the timeline and budget allocated. We believe that our comprehensive analysis, and a thorough approach to solutions will result in a complete set of Phase II revisions to the Garfield County Code. As always, we look forward to the opportunity to work with Garfield County on this project. Sincerely, WINSTON ASSOCIATES, INC. Jeffrey T. Winston, Principal jtwinston@winstonassociates.com Garfield County Revised Land Use Code 1 GARFIELD COUNTY ! "#$%&'()$*!%+,-)"+%!.#,!(/+!.0")')(0()#$!! 0$1!1,0.()$*!#.!0!,+-)%+1!'0$1!&%+!"#1+! RFP – GC-BP-01-12 CONTENTS Approach to the Project 2 Proposed Scope of Work /Deliverables /timeline /Budget 5 Project Team Relevant Experience 8 Representative Projects 9 Proposed Cost Estimate /Budget 12 References 12 Contract Statement 2 Enclosures: CD with digital version of Proposal Submittal ! Garfield County Revised Land Use Code 2 !""#$!%&'($'(&)'"#$*)%(' The Phase I revision work eliminated close to 100 pages of text from the Code. Notwithstanding, having worked with the Working Group, Staff, and Clarion, and being familiar with all of the background documents related to Phase I, it is clear that significant additional changes to the Code are still possible in order to achieve the Advisory Committee’s objectives of simplifying, streamlining, and making the Code more user friendly. Focus on the Phase I “To-Do” List We feel the most important aspect of our effort is to build on the work accomplished in Phase I, and address the unaddressed concerns of the Working Group. We propose that there will also be an opportunity early on for the Advisory Committee, especially the newly added members, to propose additional or modified items, and then for the AC to confirm or modify the “To-Do” list. Consultant Roles We intend to support the work of the Advisory Committee through: • Facilitated discussions with the Advisory Committee—to help the Committee work through the various issues and options, looking carefully at the trade-offs, the benefits as well as the positive/negative consequences, and then to make the recommendation that will best serve the public interest. • Extensive research between Advisory Committee meetings, summarizing the decisions of the prior meeting, preparing for the next meeting, and presenting well-evaluated options to the Committee. ‘Process’ vs. ‘Content ’ Issues We have carefully reviewed the Phase I recommendations1 and feel that the issues raised are of two general types: Processrelated, and Content-related (see list at the end of this section). We propose to address the Process-related issues first. There are a number of issues and recommendations that are relatively easy to address that will allow the AC to get to know each other, build a good working relationship, and establish procedures for problem solving. It is very possible that at least some of the recommendations could be implemented relatively quickly, allowing benefits to potential future applicants even before the project is complete. Some of the Content-related solutions may be obvious, others may take more deliberation. We propose a process in Part 2 of assessing the Content-related issues, prioritizing 1 Working Group memo to the BOCC dated December 19, 2012. Garfield County Revised Land Use Code 3 them, and then addressing the Priority 1 issues first, Priority 2 issues second, and so on. This will assure that, if some items take longer than anticipated, the budget will be expended on the items of highest priority. In Part 2 we are also proposing a process of “rolling” topics (similar to a “first” and “second” reading process)—that is, considering one or more topics and bringing them to a general conclusion, moving to a second set of topics, then revisiting the first set of topics again after having time for contemplation. Legal Counsel We have elected NOT to engage a separate legal counsel, at least at the outset of this project, for several reasons: We feel it will be preferable to focus on concepts and process, not technicalities, and that we can accomplish this through “layman’s language” drafts of Phase II Code revisions (especially those related to process). We feel that it is important, and propose, that the County Attorney’s office to work as part of the team, participate in the work sessions and provide concurrent input. This will created shared ownership of the outcome, and better enable them to help implement the recommendations. If complex legal questions arise, that the County Attorney’s office doesn’t have time to delve into, we will assess the relative importance with the whole Advisory Group and adjust the budget and scope accordingly. Garfield County Revised Land Use Code 4 Issues Ident ified in Work ing Group memo to the BOCC December 19, 2012. Proces s -related Is sues : • Separate legal opinion in any planning staff report on a land use project from the comments/opinions of the planning staff. • Adopt a provision that any applicant can appeal his case to the BOCC directly at any stage of any land use review/permit process for consideration of an interpretation by planning staff adverse to the applicant and that the hearing on such before the BOCC shall be held promptly, no later then 30 days. • All hourly review fees charged an applicant for staff review time be limited to complicated land use matters and if charged, that they be itemized by task and time in detail. • Article 2: Land Use Permits. To simplify the planning process for land use change applicants, each of the Land Use Permit processes identified in this section will include the submittal requirements, standards to be met, affordable housing requirements, review procedures, and associated fees. • Create and adopt a simplified Land Use Change Process Guide for each of the land use changes ultimately appearing the code, formatted for inclusion on the county website and for printing. • Review process be changed so that restarting an application due to changes in a project is eliminated, especially when caused by requirements made by referral agencies or from redundant approvals by Garfield County agencies. • Pre-application conference/process should identify known issues related to a land use change so they show requirements for a specific project and train staff to create clear Pre-App conference summaries so they become a table of contents for an application and to use county GIS to determine application standards. • Processing applications that require other approvals be allowed an early technical review process with county and referral agencies. • That new projects that require MIR be processed through sketch, preliminary and final plan stages. • That uses not listed within a given district may be processed as a Major Impact Review. Content -related Is sues : • Article 16 of the code (Definitions) be further reduced/redacted and recommendations for those reductions Affordable housing regulations do not burden rural land use owners • Non-conforming use regulation • Resource lands should have the 35 acre subdivision or conveyance rule modified to save time and expense • Pipeline permitting needs overhauling • Vegetation Bond rules need to be revised as to their length of time in force and the process to release them • Restructure county offsite road impact rules so all applicants know required mitigation requirements • Adopt flexible infrastructure incentives for extensions of infrastructure investment to promote economic development • Define the limits of county staff involvement once an approved project goes to construction. • That contractor yard distinctions be based on the acreage size of the site plan and not the size of the parcel. • PUD zoning be made more user friendly • Article 7, Standards, be reviewed and reduced or otherwise amended as standards for each application type are included in Article 2 and Article may be eliminated as much of it is in Article 7. • Article 12 and 13 be simplified and appeals and penalties be streamlined and reduced. • A review of fees be made to determine reasonableness to being business friendly Garfield County Revised Land Use Code 5 !"#!#$%&'$(#!%'#)'*#"+','&%-./%"01-%$','2.3%-.4%',' 15&6%2' PART ONE—Regulatory Code Rev isions Estimated Professional Fee: $16,300.00 Estimated Reimbursable Expenses: $700.00 Weeks 1 and 2 1. Research -Review of Phase I Code revisions as documented by Clarion and Associates and amended/approved by the Garfield County Planning Commission, -Review of stakeholder Interviews conducted in the Spring of 2011, -Review of recommended Phase II changes from Clarion Associate's Assessment Report, and -Review of working group Phase II Code recommended changes, dated December 19, 2011. 3. Forward research, summary, and Work Session 1 agenda to Advisory Committee 2. Deliverables -Phase I “report card”--Summarize the code changes desired vs. the code changes accomplished -Categorize the types of code changes desired (process vs. regulation), -Outline the remaining, previously identified, Phase II code changes based on review of the above, and -Diagram the existing development review process (flow chart) Week 3 1. Introductory Work Ses s ion 1 with the Advisory Committee: Purposes: to bring new members of the AC up to date, establish operating procedures, and establish priorities for moving forward. Topics: -How does the process work today (flow chart of current process), -What was accomplished in Phase I, -Concerns remaining in the current code (the problems), -The outline of the previously identified, remaining Phase II code changes, and -Prioritize the Advisory Committee’s recommended Phase II changes. 2. Deliverables: -Flow chart of current process -Outline of Phase I changes -Summary of AC’s priorities for Phase II code changes (from Work Session 1) Weeks 4 and 5 1. Research: -Examples of “What others have done” to address the remaining code issues identified in Work Session 1, to include: -Simplified land use codes, -Streamlined review processes, and -Straightforward user guides to help applicants navigate the code. Garfield County Revised Land Use Code 6 2. Analyze the initial “process” components of the AC objectives; prepare potential revisions to Garfield County process. 3. Forward research, summary, and Work Session 2 agenda to Advisory Committee and post on website. 4. Deliverables -Summary of research: “What Others Have Done” -List of potential revisions to GC Code (outline) to meet AC’s objectives -Agenda for Work Session 2 -Website update Week 6 1. Attend and facilitate Work Ses s ion 2 with the Advisory Committee: Purposes: to address PROCESS issues, including considering other forms of codes to streamline the plan review process. Topics: -Discuss list of potential Code revisions to address the streamlined review process objectives established at Work Session 1. -Review other approaches (types of land use codes--form-based, traditional, hybrid) that could address recommended code change objectives established in Work Session 1. -Revise and refine the AC’s “wish list” of objectives and priorities for simplifying and streamlining the code. -Designate AC representative(s) to present update to BOCC. 2. Deliverables -Summary of research: “What Others Have Done” -List of potential revisions to GC Code (outline) -Agenda for Work Session 2 Weeks 7 and 8 1. Draft: -Specific “process” revisions to the current Code, based on Advisory Committee’s directions and objectives. -Outline of potential ways to address “content” issues identified by AC. 2. Forward to Advisory Committee: -Drafts (above) -BOCC Update agenda 3. Deliverables: -Preliminary list of AC’s potential process modifications -Outline of AC’s list of potential content topics, with prioritization -Website update: draft “process” revisions and BOCC agenda Weeks 9 and 10 1. BOCC Update: Purpose: present an overview of the AC’s proposed Phase II code revisions (process and content) to the BOCC, receive input from the BOCC, and general public. 2. Attend and facilitate Work Ses s ion 3 with the Advisory Committee: Purpose: review input from BOCC, begin discussion of “content” Code revisions Topics: -Feedback from the BOCC, and the general public for the Phase II code changes -Revise and refine (if appropriate) “to-do” list and/or priorities of Phase II code changes Garfield County Revised Land Use Code 7 -Finalize recommended process revisions to Code 3. Deliverables: -Summary of Work Session 3 PART TWO—Content Code Rev isions (Priorit y 1 and 2) Estimated Professional Fee: $25,500.00 Estimated Reimbursable Expenses: $1,050.00 Weeks 11 through 13 1. Prepare a draft of Priority 1 content Code revisions based on the documented list and prioritization by the Advisory Committee and BOCC in Work Session 3. 2. Forward a Priority 1 code revisions and Work Session 4 agenda to Advisory Committee. 3. Deliverables: -Draft of Priority 1 content Code revisions -Agenda for Work Session 4 Week 14 1. Attend and facilitate Work Ses s ion 4 with Advisory Committee Purpose: to review draft Priority 1 content Code revisions. 2. Deliverables: -Summary of Work Session 4. Weeks 15 and 16 1. Revise and refine Priority 1 content Code revisions based on input for Advisory Committee Work Session 4. 2. Submit revised/refined Priority 1 content Code revisions to Advisory Committee with an agenda for Work Session 5. 3. Deliverables: -Revised Priority 1 Code revisions -Agenda for Work Session 5 Week 17 1. Attend and facilitate Work Ses s ion 5 with Advisory Committee Purpose: to review revised/refined Priority 1 Code revisions. 2. Deliverables: -Summary of Advisory Committee Work Session 5. -Final Priority 1 content Code revisions. -Website update Weeks 18 through 21 1. Prepare a draft of Priority 2 content Code revisions (based on the documented list and prioritization by the Advisory Committee). 2. Forward a Priority 2 content Code revisions and Work Session 6 agenda to Advisory Committee. 3. Deliverables: -Draft of Priority 2 Code revisions -Agenda for Work Session 6 Garfield County Revised Land Use Code 8 Week 22 1. Attend and facilitate Work Ses s ion 6 with Advisory Committee Purpose: to review draft Priority 2 content Code revisions. 2. Deliverables: Summary of Advisory Committee Work Session 6. Weeks 23 and 24 1. Revise and refine Priority 2 content Code revisions based on input from Advisory Committee Work Session 6. 2. Forward a Priority 2 content Code revisions and Work Session 7 agenda to Advisory Committee. 3. Deliverables: -Revised draft of Priority 2 Code revisions -Agenda for Work Session 7 Week 25 1. Attend and facilitate Work Ses s ion 7 with Advisory Committee Purpose: review draft Priority 2 content Code revisions. 2. Finalize Priority 2 content Code revisions. 3. Deliverables: -Summary of Advisory Committee Work Session 7. -Final draft of Priority 2 Code revisions -Update website. PART THREE Estimated Professional Fee: $4,890.00 Estimated Reimbursable Expenses: $210.00 Weeks 26 through 28 1. Prepare a final Advisory Committee and BOCC presentation of the Priority 1 and 2 Code revisions. 2. Identify and prioritize additional Priority 3 Code revisions (if any) for future consideration 3. Assess magnitude, cost, and timing of Priority 3 Code revisions. 4. Attend and facilitate Work Ses s ion 8 with BOCC and Advisory Committee Purpose: present the Priority 1 and 2 Code revisions, the Priority 3 Code revisions for future consideration, and the magnitude, cost, and timing of the Priority 3 Code revisions 5. Post documents on website. !"#$%&'('%)*("%+%,)-'(%.!%"/%-&%( Winston Associates Winston Associates’ has extensive experience in all aspects of land use planning—from small communities to regions. With over 40 years in combined planning experience, Winston Associates specializes in the following services: • Land planning at both medium-to-small scales, in urban and rural contexts, and including residential, commercial and mixed-use. Garfield County Revised Land Use Code 9 • Resource anal ys is including carrying capacity analysis and the integration of environmental constraints into creative land planning. • Publ ic faci l i tat ion and obtaining effective public input through a variety of unique tools and approaches, ranging from large public meetings using keypad polling and “Chip Game” exercises, down to small focus groups and one-on-one exchanges. We have been engaged on numerous projects for our conflict resolution capabilities. • Communi tyVi z and the integration of GIS data with planning analysis to generate easy-tounderstand maps and charts that allow indicator-based measurements and solutions based on credible data. • 3D s imulat ion capabilities that allow quick-feedback visualization. Our experience has shown that computer-generated, ground level walk-throughs and bird’s eye pans, allow clients and the public to quickly and thoroughly understand proposed improvements as well as aesthetic issues, and resolve concerns. Jeff Wins ton, Principal . Jeff is a community planner of extensive practical experience. He has authored a variety of general plans that involved the incorporation of numerous functional plans (transportation, water, sewer, police, parks, etc.). Jeff pioneered the use of CommunityViz in the South Block Sustainability Plan for 10,000 acres near St. George, Utah. He was recently the codirector of the Vision Dixie planning process—the regional plan for Washington County, Utah. Jeff is extraordinarily adept at facilitating consensus, especially in projects with multiple stakeholders, even in contentious settings. In the West of Steamboat Springs Area Plan, Jeff was able to reconcile differences between the City and County with regard to sharing cost of services and fiscal impacts for a 3,000-acre planning area. On several projects, Jeff has been retained as a facilitator—to take advantage of his calm, even-handed, professional approach to conflict resolution. Jeff has also directed large-scale land planning and open space conservation projects. Jeff wi l l be the principal -in-charge and the overal l lead for the project team. He wi l l faci l i tate al l publ ic meet ings . The Land Studio The Land Studio, Inc. is a planning firm based in Basalt, CO. Doug Pratte has been working as a land planner and landscape architect in the Roaring Fork Valley and Colorado River Valley since 1986. Current work includes limited development/conservation-oriented planning, site design, large-scale community planning, and large-scale master planning. Doug has over 25 years of experience in planning and brings a local expertise. !"#$"#%#&'(')*#!$"+,#-'%! Winston Associates Lakewood Federal Center TOD Agreement Jeff Winston was retained by the City of Lakewood to facilitate a 3-way agreement with the Regional Transportation District (RTD), and the U.S. General Services Administration (GSA) regarding the development of RTD’s light rail station on GSA property (the Federal Government Office Center) within the City boundaries. The result of the facilitation was a Memorandum of Understanding that addressed: design standards, phasing, land use adjustments, responsibility for infrastructure improvements and approval processes. Garfield County Revised Land Use Code 10 Brian Head Code Revis ions Brian Head Resort (southern Utah) desired a more user-friendly land development code to encourage development, reduce conflicts and streamline the review process. Jeff Winston worked with the Brian Head attorney to combine and simplify elements of the Code, including an innovative sequence of application steps, and requirements, that enable even a novice to navigate through the submittal requirements to prepare a complete application. It also allowed the Town staff to efficiently determine whether submittals were complete and to apply the appropriate regulations/standards. Garfield County, CO Comprehens i ve Plan -2010 Garfield County, CO experienced strong growth pressures during the latter 1990s and into the 2000s – primarily due to the rapid expansion of the oil and gas industry. Also during that time, disagreements on where growth should occur and how impacts should be mitigated began to alienate the county from its municipalities (governments and residents). With the desire to understand and address the needs of all its residents (regardless of residing inside or outside of a municipality), Garfield County leaders wanted to set a new course of action. With this in mind, the Garfield County Comprehensive Plan was designed to ensure that land use decision-making in the county: • Is responsive to community goals and objectives • Respects the sensitive ecosystems within the county’s jurisdiction • Does not unduly burden the county with service inefficiencies, • Does not infringe on a private property owner’s right to develop his/her land • Is consistent with the overall public health, safety and welfare of county residents. Key issues confronting the county included a changing population center, a jobs/housing balance, need for economic diversity, loss of rural character, platted-but-vacant lands, cost of growth, and uncoordinated growth. The big plan concepts were to better coordinate efforts with federal, state and local governments; and to direct growth toward municipalities’ urban growth areas. The intention was to create new partnerships and promote collaborative efforts to provide cost efficient growth patterns while preserving the valued assets of the county. The immediate action step following plan adoption is to enter into inter-governmental agreements, in regard to directing growth and whose jurisdiction occurs where, with each municipality. Garfield County Revised Land Use Code 11 Rifle Comprehensive Plan Update – Cit y of Rifle, CO -2010 Winston Associates worked with the City of Rifle, CO to update its 1998 Comprehensive Plan. The outdated plan no longer served as a” blueprint for growth” for the city. After years of recovery from the Oil Shale bust in the early 1980’s, the city is once again growing. Areas of focus included: evaluation of large annexations, accommodating adequate energy worker housing, expansion of the city sales tax base, exploring alternative energy sources and accommodating natural gas extraction, revitalizing the central business district and capitalizing on the Colorado River corridor. Keypad voting was successfully utilized to build consensus for the Comprehensive Plan. Collaborating with city staff, the Winston Associates team identified a three tiered approach to accommodate city growth and annexations. Future city growth is planned for incremental and smart growth and precludes “leap-frog” developments. The three goals of this “Urban containment” initiative are: containment of urban development, open space preservation, and urban development accommodation. Numerous key entry point locations have been identified for formalized city entry monuments. The Land Studio Relevant Garfield Count y Experience Garfield County Code Text Amendment Prepared a Garfield County Code Text Amendment to incorporate Affordable Housing Exemption Standards for Rural Land Development Exemption Projects. Sunl ight Mountain Resort Worked with Sunlight Owners and consulting group to help prepare a Planned Unit Development, Sketch Plan, and Comprehensive Plan Amendment Application for Sunlight Mountain Resort in Garfield County, Colorado Tybar Angus Ranch Prepared a Garfield County Rural Lands Development Exemption Option Application to allow development of 28 lots on 20% of the 700 acre property while placing the remainder lot (80% of the property) in a 40-year agricultural conservation easement to be held by the City of Rifle. John Nies lani k Ranch Prepared a Garfield County Rural Lands Development Exemption Option Application to create five lots and leave the remainder portion of the active ranch in an existing perpetual conservation easement with Aspen Valley Land Trust. Bookcl i ff Counci l on the Arts and Humani t ies Property Prepared a Master Plan for the BCAH Sunset Art Park at 16th and Birch Streets in Rifle, Colorado and prepared an application for annexation of the park into the City of Rifle. Garfield County Revised Land Use Code 12 Crys tal Ranch Corp Concrete Batch Plant Prepared a Comprehensive Plan Amendment and Major Impact Review to continue the existing concrete batch plant operations on the property and contemplate needed future rural employment uses adjacent to the concrete batch that would be compatible with it and the adjoining residential, agricultural, and aggregate extraction uses. Garfield County 2030 Comprehens i ve Plan Update Participated in the Garfield County 2030 Comprehensive Plan Update process. Garfield County Phase 1 2011 ULUR Revis ions Participated as a Working Group Member in the Phase 1 revisions to the Garfield County ULURs. !"#!#$%&'(#$)'%$)*+,)%'-'./&0%)' PART ONE Estimated Professional Fee: $16,300.00 Estimated Reimbursable Expenses: $700.00 PART TWO Estimated Professional Fee: $25,500.00 Estimated Reimbursable Expenses: $1,050.00 PART THREE Estimated Professional Fee: $4,890.00 Estimated Reimbursable Expenses: $210.00 Subtotal Estimated Professional Fee: $46,690.00 Subtotal Estimated Reimbursable Expenses $1,960.00 Total Estimated Project Cost $48,650.00 "%1%"%2(%$' Winston Associates Tim Moore Director, Public Works and Planning City of Grand Junction timm@gjcity.org 970-244-1557 Andrew McGregor -Department Head Community Development Department 970-384-6411 andrew.mcgregor@cogs.us Garfield County Revised Land Use Code 13 Betsy Suerth Garfield County Transportation 970-987-3178 Matt Sturgeon City of Rifle 970-625-6253 msturgeon@rifleco.org Fred Jarman Garfield County 970-945-8212 The Land Studio Martha Cochran Aspen Valley Land Trust 970-963-8440 Email: marthac@avlt.org Mark Nieslanik Tybar Ranch Manager 970-948-2102 Email: marknies@sopris.net Emma Danciger Owner Tybar Ranch 970-963-1344 Email: edanciger@sopris.net Thomas Todd Holland And Hart L.L.P. 970-925-3476 Email: TTodd@hollandhart.com Louis Meyer Schmueser Gordon Meyer 970-945-1004 Email: louism@sgm-inc.com !"#$%&!$'($&$)*)#$' Winston Associates has reviewed and can agree with the County’s standard professional services contract (Exhibit A of the Request for Proposals). Winston Associates and The Land Studio, Inc. Revisions to the 2008 Garfield County Land Use Code Scope of Work and Timeline Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Week 10 Week 11 Week 12 Week 13 Week 14 Week 15 Week 16 Week 17 Week 18 Week 19 Week 20 Week 21 Week 22 Week 23 Week 24 Week 25 Week 26 Week 27 Week 28 PART ONE Weeks 1 and 2 1. Research -Review of stakeholder Interviews conducted in the Spring of 2011, -Review of recommended Phase II changes from Clarion Associate's Assessment Report, and -Review of working group Phase II Code recommended changes, dated December 19, 2011. 2. Deliverables -Phase I “report card”--Summarize the code changes desired vs. the code changes accomplished -Categorize the types of code changes desired (process vs. regulation), -Outline the remaining, previously identified, Phase II code changes based on review of the above, and -Diagram the existing development review process (flow chart) 3. Forward research, summary, and Work Session 1 agenda to Advisory Committee Week 3 1. Introductory Work Session 1 with the Advisory Committee: Purposes: to bring new members of the AC up to date, establish operating procedures, and establish priorities for moving forward. -How does the process work today (flow chart of current process), -What was accomplished in Phase I, -Concerns remaining in the current code (the problems), -The outline of the previously identified, remaining Phase II code changes, and -Prioritize the Advisory Committee’s recommended Phase II changes. 2. Summarize -Direction for the Phase II code changes based on Work Session 1 with the Advisory Committee Weeks 4 and 5 1. Research: -Examples of “What others have done” to address the remaining code issues identified in Work Session 1, to include: -Simplified land use codes, -Streamlined review processes, and -Straightforward user guides to help applicants navigate the code. 2. Analyze the initial “process” components of the AC recommendations; prepare potential revisions to Garfield County process. 3. Forward research, summary, and Work Session 2 agenda to Advisory Committee and post on website. Week 6 1 Attend and facilitate Work Session 2 with the Advisory Committee: Purposes: to address PROCESS issues, including considering other forms of codes to streamline the plan review process. Topics: -Discuss possible Code revisions to address the streamlined review process recommendations established at Work Session 1, -Review other approaches (types of land use codes) that can address recommended code changes established in Work Session 1 (formbased, traditional, hybrid), -Revise and refine the AC’s “wish list” of objectives and priorities for simplifying and streamlining the code -Designate AC representative(s) to present update to BOCC Weeks 7 and 8 1. Draft revisions to the current Code process (or outline an alternative type of code) to address the Advisory Committee’s preferred approach to the land use review process. 2. Compile preliminary recommendations for specific regulatory changes to simplify the Code. 3. Prepare for the BOCC Update by the Advisory Committee -The AC’s list of proposed Phase II Code revisions (process and regulation), with prioritization, -Likely accomplishments of Phase II. -Preliminary list of AC’s potential process modifications 4. Forward summary and BOCC Update agenda to Advisory Committee and BOCC. 5. Post summary and BOCC Update agenda on website. Weeks 9 and 10 1. B O C C Update: Purpose: present the list of AC’s proposed Phase II code revisions to the BOCC, receive input from the BOCC, and general public. 2. A t t e n d and facilitate Work Session 3 with the Advisory Committee: Purpose: review input from BOCC, begin discussion of regulatory Code revisions Topics: -Discuss directions from the BOCC, and the general public for the Phase II code changes (from Work Session 3), -Revise and refine (if appropriate) recommended Phase II code changes, and/or priorities -Finalize recommended process revisions to Code PART ONE PART TWO PART THREE Priorities & Strategies Inventory/Research/Analysis Code Process Revisions & Code Regulatory Revision Priorities Code Examples and Process Issues 3 2 1 Winston Associates and The Land Studio, Inc. Revisions to the 2008 Garfield County Land Use Code Scope of Work and Timeline Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Week 10 Week 11 Week 12 Week 13 Week 14 Week 15 Week 16 Week 17 Week 18 Week 19 Week 20 Week 21 Week 22 Week 23 Week 24 Week 25 Week 26 Week 27 Week 28 PART ONE PART TWO PART THREE PART TWO Weeks 11 through 13 1. Prepare a draft of Priority 1 regulatory Code revisions based on the documented list and prioritization by the Advisory Committee and BOCC in Work Session 3. -Potential topics (randomly selected from Phase I list), could include: 2. Forward a Priority 1 code revisions and Work Session 4 agenda to Advisory Committee. Week 14 1. Attend and facilitate Work Session 4 with Advisory Committee Purpose: to review draft Priority 1 Code revisions. 2. Summarize input from the Advisory Committee Work Session 4. Weeks 15 and 16 1. Revise and refine Priority 1 Code revisions based on input for Advisory Committee Work Session 4. 2. Submit revised/refined Priority 1 Code revisions to Advisory Committee with an agenda for Work Session 5. Week 17 1. Attend and facilitate Work Session 5 with Advisory Committee Purpose: to review revised/refined Priority 1 Code revisions. 2. Summarize input from the Advisory Committee Work Session 5. 3. Finalize Priority 1 Code revisions. 4. Post progress on website. Weeks 18 through 21 1. Prepare a draft of Priority 2 Code revisions based on the documented list and prioritization by the Advisory Committee and BOCC in Work Session 3. 2. Forward a Priority 2 code revisions and Work Session 6 agenda to Advisory Committee. 3. Post summary and Work Session 6 agenda on website. Week 22 1. Attend and facilitate Work Session 6 with Advisory Committee Purpose: to review draft Priority 2 Code revisions. 2. Summarize input from the Advisory Committee Work Session 6. Weeks 23 and 24 1. Revise and refine Priority 2 Code revisions based on input for Advisory Committee Work Session 6. 2. Submit revised/refined Priority 2 Code revisions to Advisory Committee with an agenda for Work Session 7. Week 25 1. Attend and facilitate Work Session 7 with Advisory Committee Purpose: review draft Priority 2 Code revisions. 2. Summarize input from the Advisory Committee Work Session 7. 3. Finalize Priority 2 Code revisions. 4. Post progress on website. PART THREE Weeks 26 through 28 1. Prepare a final Advisory Committee and BOCC presentation of the Priority 1 and 2 Code revisions. 2. Identify and prioritize additional Priority 3 Code revisions for future consideration 3. Assess magnitude, cost, and timing of Priority 3 Code revisions. 4. Attend and facilitate Work Session 8 with BOCC and Advisory Committee Purpose: present the Priority 1 and 2 Code revisions, the Priority 3 Code revisions for future consideration, and the magnitude, cost, and timing of the Priority 3 Code revisions 5. Post documents on website. Priority 2 Regulatory Code Revisions Priority 1 Regulatory Code Revisions Priority 3 Regulatory Code Revisions 4 5 6 7 8 Page 1 of 2 ! BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY CERTIFICATION AND AFFIDAVIT REGARDING ILLEGAL ALIENS The Contractor, whose name and signature appears below, certifies and agrees as follows: 1. The Contractor shall comply with the provisions of C.R.S. 8-17.5-101 et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work for the Board of County Commissioners of Garfield County, Colorado (ABOCC@) or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. 2. The Contractor represents, warrants, and agrees that it has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services through participation in either the E-Verify Program or the Department Program and otherwise shall comply with the requirements of C.R.S. 8-17.5-102(2)(b). 3. The Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et seq., the BOCC may terminate work for breach and the Contractor shall be liable for actual and consequential damages to the State. 4. If the Contractor is a sole proprietor, the undersigned hereby swears or affirms under penalty of perjury under the laws of the State of Colorado that (check one): ____ I am a United States citizen, or ____ I am a Permanent Resident of the United States, or ____ I am lawfully present in the United States pursuant to Federal law. 5. I understand that this sworn statement is required by law because I am a sole proprietor entering into a contract to perform work for the BOCC. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to starting work for the BOCC. I further acknowledge that I will comply with the requirements of C.R.S. 24-76.5-101 et seq. and will produce the required form of identification prior to starting work. 6. I acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under C.R.S. 18-8-503. Page 2 of 2 CERTIFIED and AGREED to this ___ day of _______________, 200__. CONTRACTOR: ____________________________________ ________________________________ (Contractor Full Legal Name) FEIN or Social Security Number By: ________________________________ ________________________________ Title ____________________________ Signature of Authorized Rep 6 March WINSTON ASSOCIATES, INC 89-0915754 Principal !"#$%!%&'%"# % ())(*+,-.)%*% % NON-COLLUSION AFFIDAVIT I hereby attest that I am the person responsible for the final decision as to the price(s) and amount of my firm's bid for this project, or the person with this responsibility has given me written authorization, attached hereto , to make the following statements on his/her behalf and on behalf of my firm: I further attest that: 1. In arriving at the price(s) and amount of my firm's bid, my firm and I acted independently and did not engage in any consultation, communication or agreement having the purpose or effect of restricting competition in the bidding for this project. 2A. My firm and I have not disclosed any price(s) or amount(s) of my firm's bid to any other prime bidder or potential prime bidder, and my firm and I will not make any such disclosure prior to the bid opening. 2B. No other prime bidder or potential prime bidder has disclosed any price(s) or amount(s) of its bid to my firm or me. 3A. My firm and I have not attempted and will not attempt to solicit, cause or induce any other prime bidder or potential prime bidder to refrain from bidding for this project, to bid higher than my firm's bid, to bid lower than my firm's bid, or to submit any high, low or other form of a noncompetitive or complementary bid for this project. 3B. No prime bidder or potential prime bidder has solicited my firm or me to refrain from bidding for this project. No prime bidder or potential prime bidder has solicited my firm or me to bid higher than another prime bid, to bid lower than another prime bid, or to submit any high, low or other form of a noncompetitive or complementary bid for this project. 4. My firm and I have not reached any understanding, made any agreement, or engaged in any consultation, communication or discussion concerning my firm's bidding higher than another prime bid, my firm's bidding lower than another prime bid, or my firm submitting any high, low, or other form of a noncompetitive or complementary bid for this project. My firm and I are submitting my firm's bid in good faith and not pursuant to any such understanding, agreement, consultation, communication or discussion. 5. My firm has not afforded to award a subcontract, has not offered to award any other agreement pertaining to the purchase or sale of services or materials, and has not offered to pay money or anything else of value in consideration of a promise from another prime bidder or potential prime bidder to retrain from bidding, to bid higher than my firm, to bid lower than my firm, or to submit any high, low or other form of a noncompetitive or complementary bid for this project. Page 1 of 3 STATEMENT OF QUALIFICATIONS (WITH PRICE LIST) SOLICITATION Garfield County Solicitation Number: RFP-GC-BP-01-12 CONSULTING SERVICES FOR THE FACILITATION AND DRAFTING OF A REVISED LAND USE CODECOMPANY INFORMATION Legal Name of Company: Trade Name, if any, of Company: Street Address: City, State & Zip Code: Principal Owner/Officer Name: Title: Federal Employer Identification Number: Telephone Number: Facsimile Number: Company E-mail Address: Contact: Contact E-mail Address: WINSTON ASSOCIATES, INC. 4696 Broadway Boulder, CO 80304 Jeffrey T Winston Principal Confidential, will be provided when necessary 303-440-9200 303-449-6911 jessica@winstonassociates.com Jeff Winston jtwinston@winstonassociates.com Page 2 of 3 COMPANY HISTORY If a Colorado corporation or limited liability company, is the company in “good standing” with the Colorado Secretary of State? yes no If a foreign corporation or limited liability company, is the foreign corporation or limited liability company registered to do business in Colorado and in “good standing” with the Colorado Secretary of State? yes no How long has the company been in business in Colorado? years. How long has the company been in business in Garfield County? years. Has the company, or any officer or director acting in an official capacity, ever been successfully sued? yes no If yes, complete the chart below, and any additional pages if necessary: Court Case Number Year Judgment Amount Has the company, or any of its officers or directors, ever been disbarred, suspended, or disqualified from any public procurement? yes no. if yes, complete the chart below, and any additional pages if necessary: Agency Agency Number Year Length of Disqualification Has the company, or any of its officers or directors, ever been involved in a voluntary or involuntary bankruptcy proceeding? yes no If yes, complete the chart below, and any additional pages if necessary: Court Case Number Year Judgment Amount If required for a project, has the company ever been denied bonding?yes no If yes, complete the chart below, and any additional pages if necessary: Company Name Type of Bond Year Stated Reason (Attach additional sheets if needed to fully respond to the above questions.) ! !! !! 29 Page 3 of 3 PREVIOUS WORK EXPERIENCE List the dollar amount of the smallest and largest projects your company has worked on as a prime contractor: List the dollar amount of the smallest and largest projects your company has worked on as a subcontractor: Has your company ever performed services similar to the services that are the subject of this RFQ for Garfield County? yes no If yes, what was the total dollar amount of that work in a 12 month period? . Has your company ever performed work for Garfield County in the last five years as either a prime contractor or subcontractor? yes no If yes, what was/were the projects (attach additional sheets if necessary)? Department/Elected Office Project Year REFERENCES Name Telephone Number Company Name Relationship Name Telephone Number Company Name Relationship Name Telephone Number Company Name Relationship CERTIFICATION The undersigned, as an authorized officer/owner of the company, states that the undersigned has actual authority to sign this Statement of Qualifications; and, to the best of my knowledge, information, and belief, the information submitted in this Statement of Qualifications is true and accurate as of the date of this Statement of Qualifications is submitted. By: Signature: Printed Name: Legal Title: 5,000 375,000 5,000 125,000 ! ! Department of Planning; Garfield County Comprehensive Plan; 2011 See Proposal Document WINSTON ASSOCIATES, INC. Jeff Winston Principal Form W-9 (Rev. December 2011) Department of the Treasury Internal Revenue Service Request for Taxpayer Identi!cation Number and Certi!cation Give Form to the requester. Do not send to the IRS. Print or type See Speci!c Instructions on page 2. Name (as shown on your income tax return) Business name/disregarded entity name, if different from above Check appropriate box for federal tax classi!cation: Individual/sole proprietor C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classi!cation (C=C corporation, S=S corporation, P=partnership) Other (see instructions) Exempt payee Address (number, street, and apt. or suite no.) City, state, and ZIP code Requester’s name and address (optional) List account number(s) here (optional) Part I Taxpayer Identi!cation Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the “Name” line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identi!cation number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Social security number – – Employer identi!cation number – Part II Certi!cation Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identi!cation 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 noti!ed 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 noti!ed me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (de!ned below). Certi!cation instructions. You must cross out item 2 above if you have been noti!ed by the IRS that you are currently subject to backup withholding because 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 certi!cation, but you must provide your correct TIN. See the instructions on page 4. Sign Here Signature of U.S. person Date General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to !le an information return with the IRS must obtain your correct taxpayer identi!cation number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 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. Note. If 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. De!nition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: 􀁴􀀁􀀢􀁏􀀁􀁊􀁏􀁅􀁊􀁗􀁊􀁅􀁖􀁂􀁍􀀁􀁘􀁉􀁐􀀁􀁊􀁔􀀁 􀁂􀀁􀀶􀀏􀀴􀀏􀀁􀁄􀁊􀁕􀁊􀁛􀁆􀁏􀀁􀁐􀁓􀀁􀀶􀀏􀀴􀀏􀀁􀁓􀁆􀁔􀁊􀁅􀁆􀁏􀁕􀀁􀁂􀁍􀁊􀁆􀁏􀀍 􀁴􀀁􀀢􀀁􀁑􀁂􀁓􀁕􀁏􀁆􀁓􀁔􀁉􀁊􀁑􀀍􀀁􀁄􀁐􀁓􀁑􀁐􀁓􀁂􀁕􀁊􀁐􀁏􀀍􀀁􀁄􀁐􀁎􀁑􀁂􀁏􀁚􀀍􀀁􀁐􀁓􀀁􀁂􀁔􀁔􀁐􀁄􀁊􀁂􀁕􀁊􀁐􀁏􀀁􀁄􀁓􀁆􀁂􀁕􀁆􀁅 􀀁􀁐􀁓􀀁 organized in the United States or under the laws of the United States, 􀁴􀀁􀀢􀁏􀀁􀁆􀁔􀁕􀁂􀁕􀁆􀀁􀀉􀁐􀁕􀁉􀁆􀁓􀀁􀁕􀁉􀁂􀁏􀀁􀁂􀀁􀁇􀁐􀁓􀁆􀁊􀁈􀁏􀀁􀁆􀁔􀁕􀁂􀁕􀁆􀀊􀀍􀀁􀁐􀁓 􀁴􀀁􀀢􀀁􀁅􀁐􀁎􀁆􀁔􀁕􀁊􀁄􀀁􀁕 􀁓􀁖􀁔􀁕􀀁􀀉􀁂􀁔􀀁􀁅􀁆􀃽􀁏􀁆􀁅􀀁􀁊􀁏􀀁􀀳􀁆􀁈􀁖􀁍􀁂􀁕􀁊􀁐􀁏􀁔􀀁􀁔􀁆􀁄􀁕􀁊􀁐􀁏􀀁􀀔􀀑􀀒􀀏􀀘􀀘􀀑􀀒􀀎􀀘􀀊􀀏 Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners’ share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the 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 withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 12-2011) tions o unles Winston A s sociate s, Inc. ! 4696 Broadwa y B oulder, C O 80304 8 4 0 9 1 5 7 5 4 3-6-12 Form W-9 (Rev. 12-2011) Page 2 The person who gives 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 is in the following cases: • The U.S. owner of a disregarded entity and not the entity, • The U.S. grantor or other owner of a grantor trust and not the trust, and • The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). 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.” Exceptions 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 alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies 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 alien. 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. Example. Article 20 of the U.S.-China income tax treaty allows an exemption 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 not subject to backup withholding, give the requester the appropriate completed Form W-8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS a percentage 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, 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 certifications, 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 Part II instructions on page 3 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 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules for partnerships on page 1. 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 dies. 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. 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 Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the “Name” line. You may enter your business, trade, or “doing business as (DBA)” name on the “Business name/disregarded entity name” line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the “Name” line and any business, trade, or “doing business as (DBA) name” on the “Business name/disregarded entity name” line. Disregarded entity. Enter the owner's name on the “Name” line. The name of the entity entered on the “Name” line should never be a disregarded entity. The name on the “Name” line must be the name shown on the income tax return on which the income will be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a domestic owner, the domestic owner's name is required to be provided on the “Name” line. 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 the “Business name/disregarded entity name” line. If the owner of the disregarded entity is a foreign person, you must complete an appropriate Form W-8. Note. Check the appropriate box for the federal tax classification of the person whose name is entered on the “Name” line (Individual/sole proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Limited Liability Company (LLC). If the person identified on the “Name” line is an LLC, check the “Limited liability company” box only and enter the appropriate code for the tax classification in the space provided. If you are an LLC that is treated as a partnership for federal tax purposes, enter “P” for partnership. If you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation, enter “C” for C corporation or “S” for S corporation. If you are an LLC that is disregarded as an entity separate from its owner under Regulation section 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be identified on the “Name” line) is another LLC that is not disregarded for federal tax purposes. If the LLC is disregarded as an entity separate from its owner, enter the appropriate tax classification of the owner identified on the “Name” line. Form W-9 (Rev. 12-2011) Page 3 Other entities. Enter your business name as shown on required federal tax documents on the “Name” line. 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 the “Business name/disregarded entity name” line. Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the “Exempt payee” box in the line following the “Business name/disregarded entity name,” sign and date the form. Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if 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 possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section 4947. 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 15. IF the payment is for . . . THEN the payment is exempt for . . . Interest and dividend payments All exempt payees except for 9 Broker transactions Exempt payees 1 through 5 and 7 through 13. Also, C corporations. Barter exchange transactions and patronage dividends Exempt payees 1 through 5 Payments over $600 required to be reported and direct sales over $5,000 1 Generally, exempt payees 1 through 7 2 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency. 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. However, the IRS prefers that you use your SSN. If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on page 2), 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 the chart on page 4 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 Social Security Administration 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/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, 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 domestic 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, below, and items 4 and 5 on page 4 indicate 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 the “Name” line must sign. Exempt payees, see Exempt Payee on page 3. Signature requirements. Complete the certification as indicated in items 1 through 3, below, and items 4 and 5 on page 4. 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 1983. You must sign the certification 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. Form W-9 (Rev. 12-2011) Page 4 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, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, 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, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions 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 (joint account) The actual owner of the account or, if combined funds, the first individual on the account 1 3. Custodian account of a minor (Uniform Gift to Minors Act) The minor 2 4. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law The grantor-trustee 1 The actual owner 1 5. Sole proprietorship or disregarded entity owned by an individual The owner 3 6. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulation section 1.671-4(b)(2)(i)(A)) The grantor* For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an individual The owner 8. A valid trust, estate, or pension trust Legal entity 4 9. Corporation or LLC electing corporate status on Form 8832 or Form 2553 The corporation 10. Association, club, religious, charitable, educational, or other tax-exempt organization The organization 11. Partnership or multi-member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments The public entity 14. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulation section 1.671-4(b)(2)(i)(B)) The trust 1 List first and circle the name of the person whose number you furnish. 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. 3 You must show your individual name and you may also enter your business or “DBA” name on the “Business name/disregarded 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 on page 1. *Note. 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, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes. An identity 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. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system 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 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email 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 used for identity theft. The IRS does not initiate contacts with taxpayers via emails. 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 email 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 at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: spam@uce.gov or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT (1-877-438-4338). Visit IRS.gov to learn more about identity theft and how to reduce your risk. 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. 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.