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Home My WebLink About5270Contract Number Vendor Sub�ect. Department: File Class Begin Date End Date: Review Date. � Vault Date: 5270 TRS TRASH REMOVAL SERVICES LLC 1926 North Callow KC #12-2-02387-7 DCD LEG 12-1 6/28/2013 7/31/2013 2015 Comments GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered u►to between the City of Bremerton, a Washmgton Mumcipal Corporahon ("City"), and TRS Trash Removal Services, LLC ("Vendor"), whose maihng address is P O Box 5255, Bremerton, Washmgton 98312 The parhes agree as follows 1. VENDOR SERVICES. The Vendor shall provide the followuig sernces for the City Cleaz debns and secure buildmgs on 1926 North Callow, Bremerton, Washmgton pursuant to Supenor Court order m Krtsap County Supenor Court, Cause Number 12-2- 02387-7, more specifically descnbed in Exhibrt A, attached hereto and mcorporated herem 2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, matenals and services wrthm 15 calendaz days from the date all parhes have s�gned this Agreement 3. COMPENSATION. The City sha�l pay the Vendor the total amount of 4,600 00, mcluduig appl�cable Washmgton State � Sales Tax, for the goods, matenals and services contemplated m tlus Agreement The City shall pay the Vendor upon completion of the Vender services A Defective or Unauthonzed Work The City reserves its nght to wrthhold payment from Vendor for any defect�ve or unauthonzed goods, matenals or sernces If Vendor is unable, for any reason, to complete any part of this Agreement, the Crty may obtam the goods, matenals or services by Agree�ent or otherwise, and Vendor shall be hable to the City for any addihonal costs mcurred by the City "Additional costs" shall mean all reasonable costs, mcludmg legal costs and attomey fees, u►curred by the Crty beyond the ma�mum Agreement pnce specified above T'he City further reserves rts nght to deduct the cost to complete this Agreement, mcludmg any Addrtional Costs, from any and all amounts due or to become due the Vendor 4. INDEPENDENT CONTRACTOR Contractor is and shall be at all tunes achng as an mdependent contractor and not as an employee of the City The Contractor shall secure at rts expense, and shall be responsible for all payments of mcome tax, social secunty, state disability msurance compensarion, unemployment compensarion, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors The Contractor shall also secure all apphcable busmess hcenses, if reqwred, m connection w�th the contract services, mcludmg all requued hcenses for Contractor's officers, agents, employees and sub-contractors 5. INDEMNIFICATION. Vendor shall defend, mdemmfy and hold the City, rts officer, officials, employees, agents and volunteers harmless from any and all clauns, m�unes, damages, losses or surts, mcludmg all legal costs and attomey fees, ansmg out of or m connection wrth the performance of tlus Agreement Vendor's obhgahon to mdemmfy shall not extend to that porhon of damages caused by We City's sole neghgence The Crty's uispechon or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of mdemmficahon Should a court of competent �unsdichon determme that this Agreement is subject to RCW 4 24115, then, m the event of liabilrty for damages ansmg out of bodily in�ury to persons or damages to property caused by or resulhng from the concurrent neghgence of the Vendor and the C�ty, its officers, officials, employees, agents and volunteers, the Vendor's l�abihty hereunder shall be only to the extent of the Vendor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES TI-�E CONSULTANT'S WAIVER OF INIMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT 'THEY HAVE MUTUAL-L-Y NEGOTIATED THIS WAIVER T'he provisions of tlus section shall survive the expu�ahon or termu►arion of this Agreement 6. INSURANCE. The Vendor shall procwe and mamtam for the durarion of this Agreement, msurance agau►st clauns for m�unes to persons or damage to property that may anse from or m connection w�th the performance of the Contract work by the Vendor, rts agents, representatives, employees or subcontractors IN WI'TNESS WHEREOF, the parties below have executed this Agreement VENDOR TRS Trash Removal Services LLC : �� - • �e!!� . � ,� � � � . /L: � - � — �. — —= CITY City of Bremerton By Pnnt Name P Lent Its Mayor / Date ,c� Z S 3 --, APPROVED AS TO FORM By Bremerton City Attomey ATTEST By Crty Clerk E�HIBIT A � � f � 1 2 3 4 5 6 7 8 9 �Il ll 12 l3 1 �1 15 16 17 18 19 � 20 21 2? 23 24 25 26 I IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KITSAP COUNTY, WASHINGTON CITY OF BREMERTON, a Watihington munictpal corporation, Plaintiff, vs ROBERT BOTTORFF and U S BANCORP, dba U S BANK, Defendant� CaSe IVo 12-2-02387-7 ORDER OF ABATEMENT Thiti matter came before the Court on plaintiff City of Bremerton's motion for an Order of Abatement to abate the nuisance property at 1926 North Callow, Bremerton, Wa�hington The Court con�idered the pleadings filed in this matter, the order5 istiued in I this matter, the evidence presented at thi5 hearing and the argument of counsel for plaintiff, � Mark E Koontz Based on the forego�ng, the Couit finds as follows 1 matter 2 This Court haS is5ued an Order of Default against all defendants in thts The property at 1926 North Callow Avenue, Bremerton, WaShington is a I nui5ance because the building is abandoned and left unsecured and the property contains I debris, all of which is a violation of the Bremerton Municipal Code IORDER OF ABATEMENT-I ROGER A LUBOVICH BREMERTON CITY ATTORNEY 1-15 6th Str��t Surte 6(� &�m�rton Waehmgton 983�7 Phone i60-473-23d5 Fax 360--t73-5161 1 e 1 � 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 3 The City has adopted an ordinance that permits it to ,eek abatement of � nui5ance properties 4 That RCW 7�S 020 authorizes this Court to is5ue an order of abatement to the Ctty allow�ng the City to enter the property to abate nuisance 5 That after the abatement, the City may �eek an order directing the county treasurer to place the co�ts of abatement on the tax roll, against 1926 North Callow Avenue, Bremerton, Wa�hington pursuant to RCW 35 80 030 I ' i Batied on the above findings, It I� Ordered �l �� Pla�ntitt'� motion i� GRANTED, Plaint�ft and it� contractor or agent are hereby authortzed to enter onto the property at 1926 No�th Callow Ave�iue, Bremerton, Wa�huigton to abate the nuitiance ati deuribed herein ancl ati deticribed in the Declaration ot Mark E Koontz in tiupport of plaintitt'� motion, 3 AFter the abatement, Platntitf may seek an oider cliiecting the county trea�urer to place the cotitti ot the abatement on the tax rolls of 1926 Callow Avenue, Bremerton, Watihington, 4 This order cloe� not bar plaintiff trom �eeking any other remedieti that may be available to plaintttf Entered thi5 �D day of May, ?013 ORDER OF ABATEMENT-2 ANNA Ni l�Ul�� KITSAP SUPERIOR COURT JUDGE ROCER A LUBOVICH BREh1ERTON CITY 4TTORNEY 1�15 6th S1ru.t Sw1� 6(� Dr�nurton Watihm�ton 983i7 Phi,nr ;GO-�173-21-15 F,�x ;6U �173 �I(,I , • ;� . 1 2 3 4 5 6 7 8 Cl 10 11 12 13 14 15 16 17 18 19 20 21 22 I 23 24 25 26 � � Presented by ROGER A. LUBOVICH BREMERTON CITY ATTORNEY Mark E I oont , WSBA #26212 Attorney Eor P aintiff IORDER OF ABATEMENT-3 ROGER A LUBOVICH BREMERTON CITY ATTORNEY 1.35 6th Street Swte G00 Bremerton Wa�hmgton 9�3�37 Phone 3b0-�171 ? 1.�5 Fax �60-�173 5161 i � C� , 1 2 3 4 5 6 7 8 9 12 l3 l4 15 16 l7 18 � 19 20 21 22 23 I 24 I 25 26 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KITSAP COUNTY, WASHINGTOK CITY OF BREMERTON, a Wash�ngton municipal corporation, 10 Plaintiff, I1 v� Case No 12-2-02387-7 ORDER OF DEFAULT AGAINST DEFENDANTS ROBERT BOTTORFF, U S BANCORP dba U S BANK ROBERT BOTTORFF and U S BANCORP, dba U S BANK, Defendantti � I This matter came before the Court on plaintitf City of Bremerton'� motion for an I order of default agatmt defendant� Robert Bottorff and U S Bankcorp dba U S Bank I ("U S Bank") The mot►on was ba�ed on the grounds that defendants had not appeared, � amwered, or otherwise clefended in thi5 act�on D A heartng was held on plainttff � motion on May�, 2013 Plaint�ff appeared at the hearing through it� attorney, Mark E Koontz PurSUant to CR 55(a)(3), plaintiff is not I required to give notice of the hearing to defendants �mce they did not appear Defendants , clid not appear personally or through an attorney at the hearing. IVo re5ponse was made by � defendants to plaintiff's motion The Court con�idered the pleadings filed in this action, the Declaration of Mark E Koontz in Support of Pla�ntiff's Ex Parte Motion for Order of Default, with the following ORDER OF DEFAULT-I ROGER A LUBOVICH BREMERTON CITY ATTQRNEY 1-t5 6th Stru.t Surt� 600 Br�mc.rton W,�Shmgton 98117 Phone i60 �171 23�35 F�x 11,� 17�-51�,1 ! � r II 1 � 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 Exhibits: Summons (Exhibit 1 to Koontz Declaration), Complaint (Exhibit 2 to Koontz Declaration), and Declaration of Service (Exhibit 3 to Koontz Declaration) Based on the oral argument of plaintiff's counsel, the pleadmgs and evidence presented, the Court finds 1 Defendant Robert Bottorff was properly served by publication with plaintiff'S Summons and complaint in this action in accordance with RCW 4 28 100 and RCW 4 28 110 2 this action 3 Defendant Robert Bottorff failed to appear, answer or otherwise defend in 1�10 notice of appearance was tierved by defendant Robert Bottorff on plaintitf or it5 attorney 4 The time tor appearing and an�wering the tiummons tierved by publicatton i� 60 days from the date of the fir�t publtcat�on The date of the fir�t publication wa� February 22, 2013 More than 60 day� ha� pa5sed Since the date of the fir�t publicatton 5 U S Bank was properly �erved the tiummon� and compla�nt by pertional tiervice on November 16, 2012 6 U S failed to appear, antiwer, or otherwise defend in th�s �ction 7 No notice of appearance wa5 tierved by U S Bank on plaintiff or it5 attorney 8 The time for appearing and answering the Summons and complaint served is 20 days from the date of Service More than 20 days has passed since the date of service of I I the summons and complaint ORDER OF DEFAULT-2 ROGER A LUBOVICH BREbIERTON CITY ATTORNEY �45 6th Str��t Suite 600 Br�m�rton W,�shmgton 98137 Phonc 160 -171-'?345 Far 360-�37� 5161 0 1 2 3 4 5 6 7 8 9 lo 11 12 13 1� IS (6 1� 18 19 20 21 �2 23 2�l 25 26 9 Venue is proper in thi5 action �tnce the real property at issue is located m Kitsap County Based on the above ttndings, It IS Ordered 1 Plaultiff's motion is GRANTED 2 Defendant Robert Bottoiff and U S B�nk are declared to be tn default for failing to appear or defend in this action Entered thi� �� day of May, 2013 Pre�ented by ROGER A LUBOVICH BREMERTON C[TY ATTORNEY 1 r , r G��G � Mark E Koontz, WSBA #26212 Attorney for Pla�ntiff IORDER OF DEF�ULT-3 ANNA M LAURIE KITSAP SUPERIOR COURT JUDGE ROGER A LUBOVICH BREMERTON CITY ATTORNEY 3-15 6th Suc�t Swtc 600 Bnmerton W,i,hmgton 98�17 Phon� ib0 �373-23�l5 Far iG0 -173 5161