HomeMy WebLinkAbout25-037 - Contract - Washington Organized Retail Crime Association (WAORCA) - King County Pilot Program Area Grant: Organized Retail Theft25-037
Council Approval N/A
MKrMEZMUZ=�
TMS CONTRACI is made and entered into by and between the Washington Organized Retail Crime
Association, hereinafter referred to as "WAORCA," and'Fuliwila Police Department, hereinafter referred
to as "SUB-RECIPiENT,"
NOW THEREFORE, in consideration of the authority provided WAORCA terms, conditions, covenants, and
performance contained herein, or attached and incorporated and made a part hereof, the parties
aYlUtuafly agree as follows:
The purpose of this Contract is to provide funding;, provided by the Washington State Department of
Commerce for the Organized Retail Theft pilot program: Kin ��qynty 1 91 a
_''g'. specifically to
provide fUnding for the law enforcement agencies in the City ref TukwHa to conduct straight time or
over drne enforcernent activides (retail theft emphasis blitz and patrols) as outlined in the Project
Overview and Scope of Work (SOW). The Law Enforcement Lraison (LEL) shall coordinate the SOW with
the SUB-RECIPlIENI"with the goal of coordinating effective responses to organized retail crime. By signing
this contract, the SUB -RECIPIENT can seek reimbursement for straight time or overtime for approved IdW
enforcement activity expenses, incurred as a participant in the Ki DE County Pilot Program Area grant
project.
Z� PERIOD OF PERFORMANCE
-The period of performance of this Contract shall commence upon the date of execution by both parties,
but not earlier than Novernber 1, 2024„ and remain 'rn effect until June 30, 2025, unless terminated
sooner,, as provided herein.
3.1 Purpose
Create a local pilot program to coordinate effective responses to organized retail crime with a focus on
clrversion-orGented programs and restitution in King County, WAORCA will facilitate and manage
rneetings, goals, execution of SOW, and data collection for the local pilot program. The King COUnty
Oversight Committee members include retail stores, law enforcement, ,E "',_[)S, and a dedicated
prosecutor.
In selecting the King County, WAORCA considered the diversity in the, types of impacted businesses to
ensure a variety of bUSinesses are incorporated into the pilot prograrn area. WAORCA measured support
frorn local government organizations and the wilkngness to partner with other community interests to
e nha nce responses to crimes,
3? Prompt Goals
WAORCA has identified King County and its listed Oversight Committee with the purpose of achieving
the fodowing goats;
0 Vncrease reporting of organized retail crinie instances.
a Increase law enforcement responses to reported organized retaii crime instances,
0 Identify or hire a designated prosecutor focused on organized retaii crime in King County.
0 Enhance the coordination between retail stores, Baw enforcement, and diversion programs with
the designated prosecutor,
0 Coordinate and track offonder's that are eligible and referred to diversion -oriented prograrns,
and
a Focus prosecution on known high utikzers when the local tearn has determined diversion-
orrented prograrns and restitution are not options.
For each of the goals, WA01RCA wdl work with the King County Oversight Committee to establish
measurable metrics to understand the benefits or changes 41 outcon'ies from the previousIV stated
goals. k'i addition, committee members will establIshbest practices learned frorn the cornmunity
actMties that can used or avoided in other organized retail crime prevention efforts.
Sq pific MeasuraWes
wild Include:
* Number of Organized Retad Crime reports generated in King County Not Prograirr Area.
* NUmber of Law Enforcement responses generated in icing County Pilot Program Area.
* Number of people eligible for diversion -oriented programs in King County Pilot Program Area.
0, Nurnber of people offered diversion In Kiang County Pilot Program Area.
Number of diversions Initiated in King County Pilot Program Area,
Subjective list of ORC prevention: and diversion oriented focused best practices.
4 Connnersation
The cost of accomphshing the work described in the SOW will not be reimbursed greater than budget
dodar total from aniounts listed below. WAORCA will reimburse for personnel straight time or overtime
expenses. Health insurance, or any other benefits, not listed, are not eligible for reimbursement.
The SUB-RMPiE N'r win provide law enforcernent officers with appropriate equipment (e.g,, vehicles,
radars, portable breath testers, etc.) to participate iin the emphasis patrols and blitzes.
Funding, alterations are permitted as follows. Upon contract by the WAORCA and all other par -ties
impacted by a proposed budget aiteration, the budget category amounts may be increased or decreased
without amencling this contract, so long as the total grant award arnount does not increase
Fhese funds, are intended to pay for the hourly straight tirne or overtime costs of commissioned staff
pursuing the activities described in the statement of%vork. These funds may not be used for any other
PLKlOOSe, for example any work required to maintain a law enforcement commission including
recertification training like, firearm qualification, By signing this contract, SUB-RECIPIEN I' agrees to
supply all necessary equipment and vehicles needed to accomplish the Work in the scope of work.
WAORCA is not responsible for any eqUipment that is lost, stoVen, or destroyed in the execution of the
scope of work,
Transport Officers. WAORCA will reirriburse SUB -RECIPIENT for transport officers for theirwork on this
project.
3.5 lli[qjecCoLtm
WA,ORCA has awarded $283,333,33 to the K ng_!�our-Lt
i with $j9,,QQ_().budgeted for
the purpose Of funding law enforcement to the goal of coordinating effective responses to organized
retail crime. By signing this contract, the SUB-REGPIENT can seek reiaibUrsement for approved straight
time or overtime expanses incurred as a participant in this grant. Funds are expressly designated for
staffine, activities and may not be used for other expenses titFat may be incurred, such as vehicle darnage,
supply replacement, etc.
RMIMME41:10MME , 1, f 0. 1.
No payments in advance of or in anfi6pation of goods or services to be provided under this Contract
shall be made by the WAORCA,
chis Contract may be amended by mutual coInitract of the Parties in the form, of as written request to
amend this Contract, Such amendments shall only be binding if they are in writing, and signed by
personnel authorized to bind each of the Parties, Changes to the budget, SUB-IRECIPIENT'S, Primary
Contact, and WACRCA Progranii Manager can be made through email communication and signatures, are
not required.
6. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist
or to bind any of the parties hereto,
NINTIMMIMMUR
The SUB -RECIPIENT may not assign the work to be provided Linder this Contract, in whole or in part,
without the express prior written consent of the VVIAORCA, which consent shall not he unreasonably
withheld, The SUB -RECIPIENT shall provide the WAORCA prograrn manager with a copy of all third -party
contracts and contracts entered into for purposes Of ftflfilhnP, the SIOW. Such third -party contracts and
con,tracts rnust foIliow applicable federal, state, and local law, in6uding but not fimited to PrOCUrement,
law, rules, and procedures,
8. ATTORNEYS' FEES
In the event of htigation or other, action brought to enforce The Contract terms, each party agrees to
1I its own attorney fees and costs.
91BILLING PROCEDURE
Ali invoices for reimbursement will be submitted to WAO,RCA via ernait. M communication and invoicing
can be sent to Dan Floyd at on or before the 39" day of each month,
R1111)"KeTeIVIMMAMM,
2&1. This Contract is entered into pursuant to and under the authority granted by the laws of the state
of Washington and any applicable federal laws. The provisions of this Contract shall be construed to
conform to those laws,
10 2. In the event of an inconsistency in the terms of this Contract, or between its terms, and any
applicable statute or rule, the inconsistency shall be resolved by Hiving precedence in the following
order.
10.2,1. Applicable federal and state statutes and rales
10,2.2. Terms and Conditions of this Contract
10.2.3,. Any Amencirnent execi itecl under this Contract
10.2.4. Any SOW executed under this Contract
10.2.5. Any other provisions of the Contract, including materials incorporated by reference
16MIN&I
11-1. To the fullest extent permitted by law, the SUB -RECIPIENT shall indennnify and hold harmless the
WAORCA, its officers, employees, and agents, and process and defend at its own expense any and all
clairns, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind
("`claims") brought against WAORCA arising Out of or in connectnon with this Contract and/or the SUB-
RECIPIENT's performance or failure to perform any aspect of the Contract.
This indemnity provision applies to all claims against' AO�RCA, its officers, employees, and agents
arising out of, in connection with, or incident to the acts or omissions of the SUB -RECIPIENT, its officers,
employees, agents, contractors, and SUbcontractors. Provided, however, that nothing herein shall
require the SUB -RECIPIENT to incienlinify and hold harmless or dc!fend the WAORCA, its agents,
employees, or officers to the extent that clairns are caused by the negligent acts or ornissions of
the WAORCA, its officers, employees or agents" ind provided further that J SUch claims result from the
concurrent negligence of (a) the SLJB-RECIPIENT, its officers, employees, agents, contractors, or
subcontractors, and (b) the WAOC RCA, its officers,, employees, or agents, or involves those actions
covered by RCW 4.24M5, the inden-inity provisions provided herein shall be valid and enforceable only
to the extent of: the negligence of the SUB- RECIPIENT, its officers, employees, agents, contractors, or
subcontractors,
11 2, The SUB -RECIPIENT agrees that its obligations Linder, this Section extend to any claim, demand
and/or cause of action brought by, or on behalf of, any of its employees or agents In the performance of
this contract. For this purpose, the SUBRECIPIENT, by n,,utuanegc�tiation, hereby waives with respect to
WAORCA only, any immunity that would othervvise be available to it against such claims Linder the
Industrial Insurance provisions chapter 51-12 RCW.
1.'.t..1. The indemnification and hold harmless provision shall survive termination of this Contract.
12. INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Contract shall
Continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party
13. INSURANCE COVERAGE
The SUB-RECIPIENI shall comply with the provislons of Title 51 RCW, Industrial insurance, if required by
law.
14. LICENSING, ACCREDITATION, AND REGISTRATION
Thp SUB -RECIPIENT shall comply with all applicable local, StJtEM, and federal licensing, accreditation, and
registration requirements and standards necessary for the performance, of this Contract. The SUB -
RECIPIENT shall complete registration with the Washington State De-partment of Revenue, if required,
and be responsible for payment of all taxes due on payrnen ts made Linder this Contract.
15.1, DUTITIg the terrn of this Contract and for six years thereafter, the SUB -RECIPIENT shall maintain
books, records, documents, and other evidence that sufficiently and propedy reflect aH direct and All
payrnents of payroll taxes, Unemployment contributions, any other taxes, insurance, or other Such
expenses for the SUBRECIPiENT or its staff shall be the sone responsihility of t he SUB -RECIPIENT.
clocurnents, and other material relevant to this Contract will be retained for six years after expiration.
1S 2. Records and other documents, in any MC(fiUM, fUrnished by one party to this Contract to the other
part�(, will remain the ,property of the furnishing party, wfless utherwise, agreed, The receiving party will
not disclose or make availlWe this rnateiriai to any third parties %vithoia first giving notice to the
furnishing party and giving them a reasonable opportunity to respond. Each party Will Utilize reasonabIle,
seCUrfty procedures and protections to assure that records and CIOCUrients provided by the other party
are not erroneously disclosed to third parties.
If any prcvnsion of this Contract or any provision of any document incorporated by reference shall be
hold invalid, such invalidity shall not affect the other provisions of this Contract which can be given,
effect without the invalid provision, if SLICh remainder conforms to the requirements of applicable law
arid the fundarnentai purpose of this Contract, and to this end the provisions of: this Contract are
declared to be severable
17. TAXES
All payments of payroH taxes, unernplcyrrnent contribUtions, any other taxes,, insurance, or other such
expenses for the SUI RE or its staff shall be the sole responsibility of the SLJB-RECIPIENT.
IN M �91 -.
H the SUB -RECIPIENT does not fulfill in a timely and proper mannoer its obligations Linder this Contract or
violates any of these terms, and conditions, the WAORCA wffl give the SUB-RECIFIENT vvritten notice of
such failure or violation and may terminate this Contract irnmediatey. At the WA ORCA's discretion, the
SUR-RECIPlENT may be given. 15 days to correct the violation or failure, If the SUB-IRMPIENT is given the
opportunity to correct the violation, and the violation is not corrected within the 15. day period, this
Contract may be termk'iated at the end of that period by we notice of tht',p ',,,,VAORCA.
1111 03 1,
1MMili,
Except as otherwise provided in this Contract, either party rnay terminate this Contract, without cause
or reason, with 30 days written notice to the other party. If this Contract is so terminated, the WAORCA
shall be Hable onm y for payment required underthe termsref this Contract forservices; rendered car odds
defivered prior to the effective date of lermination.
A fiHure by either party to exercise its riC
,hts under this Contract shall not preclude that party from
subsequenm exercise Of SLAch rights and shall nc)t constitute a waiver of any other rights under this
Contract.
21. CERTIFICATION ON CONFLICT 01F INTEREST
No employee, officer or agent of the SUB-REOMEN1 who is authorized in an official capacity to
nego0ate, rnake, accept or approve, or to take part in negotiating, making, accepting or approving any
SUbaward, inClUding contracts or subcontracts, in conneclic'm with this grant shall have, directiy or
indirecfly, anV financW or personaC interest in any such sulbavvard. Such a financial, or persona1 interest
M ould arise when the employee, officer, or agent, any member of his or her irnmediate farnHy, his or
her partner, or an organization, vvhich employs or is about to employ any of 1. he parties indicated herein,
has a financial or, personal interest in or a tangibe personal henefit fron-i an entity considered for as
subaward.
'The SUB- RMPIE NT shall disclose any conflict of interest identified as soon as rea,sonably possible,
making an immediate and full disclosure in writing to WTSC. Tho disclosure shall illCiUde a description of
the actiori M60 the recipient has taken or proposes to take to avoid or mitigate such conflict.
22. DESIGNATED CONTACTS
The folilowinp named individuals wiH serve as designatied contacts for each of the parties for 0
commumcations, notices, and reimbursements regarding this Contract:
. .. ... .. ....
L)E �,
AUTHORFY TO SIGN
The undersigned acknowledge that they are authorized to execute this Contract and bind their
re-spoctivp agen6es or entitues to the obfigations set forth herein
IN WITNESS WHEREOF,,Ahe-wties have executed this Contract.
Signatupey'
Printed Name
iv M.11110relfol
Printed Narne: Robe-Tt Ncflson
Title: Board Chair
Date:
Washington Organized Retail Crime Association (WAORCA) oOrganized Reitail Crime Pilot Program Ari
Cntract o
- King Cunty Pilot Program
MUM=
Purpose— Create a local pilot prograrn to coordinate effenive responses to organized retail crime with a
focus on diversion oriented pro rams and restitution in King Courty. WAORCA will facilitate and manage
meetings, goals, eXeWdOrl Of SOW, and data collection for the, local pilot program. The King, County
Oversight Committee members are listed above and include retail stores, law enforcement, diversion
program ('rBD), and a dedicated PTOSeCUtor.
Gn spivcting the King County, WAORCA considered the diversity in the types of impacted businesses to
ensure a variety of businesses are incorporated into the pilot program area. WAORCA measured support
from local government orgarwations and the willingness to partner with other community interests to
enhance responses, to crimes.
Project Goal's— WAORCA has identified King COUnty and its listed Oversight Cornminee with the purpose
ofachieving the following goa&
• increase report-ing of organized retail crime instances,.
• 9ncrease lav enforcement responses to reported organized retail crime instances.
• Identify or hire a designated prosecutor focused on organized retad crime in King, County,
• Enhance the coordination between retail stores, law enforcernent, and diversion programs with
the designated prosecutor,
• Coordinate and track offenders that are eligible and referred to diversion -oriented prograirns,
and
FOCUS prosecution on known high udhzers when Lhe local team has deternnined diversion -
oriented programs and restitution are riot options.
dor each of the goals, WAORCA will work with the King County OversiGhit Committee to establish
measurable rnetrics to understand the benefits or changes in outcornes from the previously stated goals.
41 addition, committee rnembers wiH estaWish best practices cearned from the community activities that
can used or avoided in other organzed retail crime preventicrl Ezff0r'15,
Specific Measurables will lnclude�
• Number of Organized RetaH Crime reports generated in King County Pilot Program Area.
• Number of Law Enforcement responses generated in King County Pilot Program Area.
• Nurrib(wyr of people eligiWe for diversion -oriented progn, nis In King County Pilot Program Area.
• Number of people offered diversion in King County Hot Prop
,, ra rn An e a,
• Number of diversions initiated in King County Pliot Program, Area.
• Subjecdve list of ORC prevention and diversion oriented focused best practices..
Estimated King County Pilot Program Area Budget —
90,C 00)
90,000) — Law Enforcement Engagement: La,,v enforcement wifl use funds for special emphasis patrols
which often require or nocessitate overtime to avoid losing coverage for othr3r cornmunily needs,
($193,333) — Dedicated Prosecutors: Funds %OH
be used to dedicate a [ocaG prosecutor, either part-time
or fUH-tinie, arid working with diversion program
managers, retaders, and law enforcement to create
acdon plans.
Timeline of activities
Date
.........w...._._.
Tasks
PLANNING
. .. . ....... ........ .. ... . ... ...
a WAORCA wM designate King COUnty as official pilot
* August and September 2024
program area,
e WAORCA wffl oufline the progirarn goals and
rneasuraWes with King County Oversight ComrniUee.
. . .. . ...... . . . . ...... .
* WAO,RCA wili provide mecting minutes.
.. . ....... . ....... . . .r .... ...... . --' , --- ............ .. ..... . . . ...... .... . ..... ....... . .
* September 20T24
o Finalize development of King County Oversight
Committee members.
* Submit specific pHot prograrn goals and meaSUrables
to Commerce,
e WAORCA wiH provide meeting minutes,
October 2024
Finalize local pilot program goais and measurables.
Finahze loca� pilot pr rare budgets with: fOCUS on
diversion-orientod programs.
Draft proposed Letter of Intent with King County
Oversight Committee
IMPLEMENTATION
WAORCA Oversight Cornrn�ttee will manage local
November 2024
Committees, pilot prograrn goals arid data collection,
Finalize Letter of Intent.
Launch Pinot Progran'i.
Begin Onboarding sites within King County,
Begin data collection and reporting — establish
processes for reporting.
December 2024 — March 2025
a WAORCA wiII ficilitite and manage King County
Oversight Committee,
o Minimurn a f one monthly meeting w0 each site
o Data collection/rep or ting from each site
March 20,25 —June' 2025
Drafting of King County ORC Hot Program Report.
Minimum of one rnonthCy meeling with each site
Data coflection/reporting from each Site SlUbmit finail
Report June