Distressed Counties .09 agreement with EDC for Packwood Sewer BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
A RESOLUTION APPROVING A GRANT )
AGREEMENT BETWEEN LEWIS COUNTY )
AND THE LEWIS EDC TO ) Resolution No. 18- I 3a'
ACCEPT FUNDING FROM RCW 82.14.370 )
"DISTRESSED COUNTIES FUND"FOR )
PUBLIC FACILITIES SERVING )
ECONOMIC DEVELOPMENT )
WHEREAS,by Resolution the Lewis County Board of County Commissioners
approves funding in the amount of$30,000.00 for the"Packwood Sewer," feasibility
study a project to serve future demand, a project that meets the definition of a"public
facility" under RCW 82.14.370; and
WHEREAS,the Comprehensive Economic Development Strategy (CEDS) is a
list of projects maintained by the Lewis County Economic Development Council (EDC)
RCW 82.14.370; and
WHEREAS,the EDC's application for funding of the"Packwood Sewer"project
has been recommended for approval and listing in the CEDS (Exhibit A) by the
Distressed Counties/Rural Economic Development Public Facilities Advisory
Committee, the Committee created to recommend projects for listing in the CEDS; and
WHEREAS,the EDC's application is also supported by the attached Grant
Agreement prepared by the EDC pursuant to the CEDS,which Agreement is
incorporated herein by reference; and
WHEREAS, it is in the best interest of the citizens of Lewis County that the
funds requested by CEDS be authorized in order to allow completion of the"Packwood
Sewer" a project that supports economic development by promoting the tourism sector in
our community;
NOW THEREFORE BE IT RESOLVED by the Board of County
Commissioners: (1) approving the "Packwood Sewer"project as a public facility for
purposes of RCW 82.14.370 and amending the Community Economic Development
Strategies (CEDS) list to include that project in the county's overall economic
development plan, and(2) authorizing Lewis County to enter into the attached Grant
Agreement with the Lewis EDC, for the"Packwood Sewer"project, in the amount of
$30,000.00, using monies from the"Distressed Counties Fund," all in accordance with
RCW 82.14.370 and applicable law.
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DONE IN OPEN SESSION this lb day of vf t?4. 2018.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan L. Meyer LEWIS COUNTY,WASHINGTON
Prosecuting Attorney
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ATTEST: 'obert .J ckson,V. - Chair
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Rieva Lester, Clerk of the Board G Stam er, o ' sioner
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Date of
Application Project Name Applicant Total Project Amount Brief Description of Project Status
,09 CEDS List
Rendering of Wastewater Treatment
3/9/2018 Packwood Sewer Lewis EDC 30,000.00 Plant
Implementation of Strategic Plan and
3/9/2018 EDC Operations Lewis EDC 330,000.00 initiatives
Acquire and remodel facility for co-
8/1/2017 Co-Working facility Port of Chehalis $125,000.00 working
City of
Chehalis/Centralia Collection&analysis of market data
8/24/2017 Airport Project Planning Chehalis Airport $38,000.00 for land use planning
Lewis County Water Dist.1
Feasibility Study and Feasibility Study and Engineering Report
5/24/2017 Engineering Report Lewis Co.Water Dist.1 $ 40,000.00 to repair or replace Hampton Reservoir
Business Dev.At the Economic development planning and
5/18/2017 Industrial Park at TransAlta Lewis EDC $ 380,000.00 business recruitment
Curtis Rail Line Natural
2/11/2016 Disaster Repair Port of Chehalis $ 100,000.00 Repair trestle and tracks
Habein Road Industrial
2/22/2016 Complex Port of Chehalis $ 750,000.00 Env.sampling,site design,permitting
Chehalis Industrial Park Site
10/30/2015 Prep. Port of Chehalis $ 275,000.00 clearing,fill,excavation,permitting
Discover!Childrens
8/26/2015 Museum City of Chehalis $ 4,200,000.00 Construction of a childrens museum
Chehalis Industrial Park Rail
5/28/2015 Infrastructure Expansion Port of Chehalis $ 885,271.00 Build 700 ft.of rail
Discover!Childrens
5/27/2015 Museum City of Chehalis $ 4,200,000.00 Construction of a childrens museum
Historic Fox Theatre South
Wall and Roof Restoration
5/15/2015 Project City of Centralia $ 365,855.00 Preserve structual integrity of building
Steam Engine#15-15 yr.
2/20/2015 rebuild City of Chehalis $ 135,276.00 Overhaul of Locomotive#15
Steam Engine#15-15 yr.
8/29/2014 rebuild City of Chehalis $ 158,340.00 Overhaul of Locomotive#15
North County Industrial
7/2/2014 Access Lewis Co.Public Works $ 500,000.00 Transportation access to industrial area Funded
Rural Economic Development Public Facilities Advisory Committee
Board Meeting Minutes
March 9th, 2018 @ 9:00am
Lewis EDC Conference Room
9:00 A.M. call to order by: Dan Rich, Committee Chair
Committee Members Present: Dan Rich, Committee Chair; Mark Anders, Port of Chehalis;
Dennis Dawes, City of Chehalis Mayor; Lee Coumbs, City of Centralia Mayor; Edna Fund, Lewis
County Commissioner; Dan Mortenson, City of Morton Mayor; Buck Hubbert, Industrial
Commission; Peter Lahmann, Port of Centralia
Others Present: Matt Matayoshi, Lewis EDC; Marrianne Schumacher, Lewis EDC
New Business:
8:30 A.M.: Dan Rich called the meeting to order. Peter Lahmann was welcomed as part of the
.09 Committee.
8:35 A.M.: Edna Fund made a motion to approve minutes from the September 8th, 2017
meeting. Mark Anders provided a second to the motion. The motion to approve the minutes
passed unanimously.
8:35 A.M.: Matt Matayoshi gave an update of.09 Fund Balance and presented the resolution
approved by the county commissioners for the 2018 .09 Committee. Committee members were
asked if they have received OPMA training. Buck Hubbert will be sent information to do OPMA
training online.
8:40 A.M.: Dennis Dawes addressed the alternate name to attend .09 committee in case of
absence of appointed committee member. Matt stated that the .09 committee currently
provides accommodations for alternates to attend; alternates do not have voting power at this
time. Matt expressed that the committee is an advisory committee. Appointed committee
members can call or email their vote in the case of absence. Matt asked Edna Fund to take the
question of adding alternates to the County Commissioners to determine how they would like
to address the question. Commissioner Fund stated that she would speak to the prosecutor's
office on the matter.
8:45 A.M.: Matt Matayoshi presented the EDC Operations application and the organizational
overview document that the committee would consider.
The EDC is an ADO therefore has ability to apply and receive .09 funds. The application is
requesting 165,000.00 annually for 2 years. EDC is involved extensively in career technical
education and works with Centralia College in providing information about training needed
within the community for business. EDC is also active in "business retention & expansion"
program and actively recruits businesses to our community.
9:00 A.M.: Mark Anders made a motion to approve the $165,000.00 annually for 2 years grant
proposed by Lewis EDC. Dennis Dawes provided a 2nd to the motion.The motion passed
unanimously.
9:00 A.M.: Matt Matayoshi presented the Packwood Sewer application. The work provided
would focus on businesses located along highway 12, not residential properties. Mark Anders
asked if this is only to meet existing needs or is there room for expansion. Matt responded
stating that there will be enough to meet future growth. Committee members expressed that
this could really help move this project forward.
9:15 A.M.: Dennis Dawes made a motion to approve the $30,000.00 grant proposed by Lewis
EDC. Dan Mortenson provided a 2nd to the motion. The motion passed unanimously.
9:15 A.M.: Dan Rich asked about the .09 sunset clause. Matt stated that the clause will be
added to each resolution per application. The committee can also make recommendations on
the sunset clause date per application. Matt will contact Becky Butler on outstanding .09 funds
that have been spent.
9:20 A.M.: Meeting Adjourned
GRANT AGREEMENT
BETWEEN LEWIS COUNTY AND
THE LEWIS EDC
This Grant Agreement is made and entered into by Lewis County and the as to the
conditions for acceptance of monies by the Lewis EDC from the "Distressed Counties Fund"
pursuant to RCW 82.14.370.
I. PURPOSE
RCW 82.14.370 authorizes the availability of a sales and use tax to be used to finance
public facilities serving economic development purposes in rural counties. The name of this
project shall be"Packwood Sewer" and shall be funded in the amount of a grant for
$30,000.00.
II. ELIGIBILITY
The public facility must be listed as an item in the officially adopted Lewis County
Comprehensive Economic Development Strategy and must meet other requirements as set
forth by County resolution, adopted policy, and growth management planning. Monies
collected shall only be used to finance public facilities serving economic development
purposes in rural counties.
III.APPLICANT'S RESPONSIBILITIES
Upon approval of application by the Lewis County Commissioners, applicant agrees
that:
1. The project must be in progress within 6 months of the date of this agreement, or
grant funds shall revert back to the Lewis County"Distressed Counties Fund". For
purposes of being"in progress",the project must have proceeded beyond the initial
planning stage, and into the implementation stages of the project. The Lewis EDC
shall promptly notify Lewis County in writing of any actual or anticipated event
that is delaying or could delay achievement of any milestone or performance of
any critical path activity of the project. A copy of this report shall also be placed
in the file of the Economic Development Public Facilities Advisory Committee.
2. The Applicant must provide semi-annual progress report to the Lewis County
Board of County Commissioners in order to ensure satisfactory completion of the
project and proper expenditure of grant monies. The scope of project work is
contained in the .09 application dated February 20, 2018 and is hereby
incorporated by reference into this agreement. Failure to provide progress reports
or sufficient information may result in reversion to the "Distressed Counties Fund"
of all or part of the funding balance. At such times as the Lewis County Board of
Commissioners deems necessary for reasonable cause,the applicant shall permit
the County to inspect and audit all pertinent books and records of the applicant or
other persons or entities that have performed work in connection with or related to
Page 1 of 4
this funding. The audit may take place up to three years after completion of the
project. The books and records are to be made available at reasonable times at
such reasonable location as County selects. At Lewis County's request, the
applicant shall supply County with, or shall permit County to make a copy of, any
books and records and any portion thereof.
3. Applicant has requested these County funds in order to cover engineering costs
that will provide conceptual planning for wastewater treatment plant in Packwood.
Failure to comply with the intent of this section may result in reversion to the
"Distressed Counties Fund"of all or part of the funding balance. Funding to
complete the full project as presented in the application must be confirmed and
available prior to release of these grant funds. Failure to comply with this section
may result in reversion to the "Distressed Counties Fund" of all or part of the
funding balance.
4. Applicant shall provide documented evidence of expenditures of all funds for this
project at the semi-annual updates denoted in item #2 (or within 60 days of project
completion)to both the Rural Economic Development Public Facilities Advisory
Committee and the County. Funds spent under this program must be for the
purpose of financing public facilities or supporting related economic development
projects, as defined under RCW 82.14.370 and AGO 2002, No.1. Failure to
comply with this section may result in reversion to the "Distressed Counties Fund"
of all or part of the funding balance.
5. Funds provided under this program shall be spent at the same percentage rate as
those coming from any other source. For example, if the recipient spends 20%of
funds from one source, it shall spend 20%of funds from the other source. Billings
and invoices together with audit-sufficient supporting documentation shall be
remitted to the County for payment not more than one time each month. Billings
and invoices must be submitted by the 21St of each month to allow payment on the
1"day of the following month. The applicant will be responsible to the County for
the timely sharing and/or exchange of any or all documentation related to the
project as well as accounting and record retention responsibilities for the project.
6. The applicant shall comply with and give notices required by all federal, state, and
local laws, ordinances, rules, regulations, and lawful order of public authorities
applicable to performance of the project. Lewis County reserves the right to
terminate this Agreement and demand reversion of"Distressed Counties Fund"
monies at any time during the undertaking of said project if it is discovered that
said project is in violation of any local, state, or federal laws.
IV. ENTIRE AGREEMENT
This Agreement represents the entire Agreement between the parties and supersedes
any prior oral statements, discussions or understandings.
V. FUTURE SUPCITY
Lewis County makes no commitment to future support and assumes no obligation for
future support of the activity contracted for herein, except as expressly set forth in this
Page 2 of 4
Contract. The maximum amount of funding available is as stated in the Lewis County
Economic Development Public Facilities Project Proposal attached herein. This item is
hereby incorporated into this Agreement by reference.
VI. GOVERNING LAW
This Agreement is governed by, and shall be construed in accordance with, the laws of
the State of Washington. Except as otherwise required by applicable law, any legal action
under this Agreement shall be brought in the Superior Court of the State of Washington in and
for Lewis County.
VII. WAIVER OF BREACH
No waiver of any breach of any covenant or agreement contained herein shall operate
as a waiver of any subsequent breach of the same covenant or agreement or as a waiver of any
breach of any other covenant or agreement, and in case of a breach by either party of any
covenant, agreement or undertaking,the non-defaulting party may nevertheless accept from
the other any payment or payments or performance hereunder without in any way waiving its
right to exercise any of its rights and remedies provided for herein or otherwise with respect to
any such default or defaults that were in existence at the time such payment or payments or
performance were accepted by it.
VIII. INDEMNIFICATION
The Lewis EDC shall protect, defend, indemnify and hold harmless Lewis County, the
Board of County Commissioners, its officers, agents, and employees, or any of them from and
against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any
nature whatsoever, which are caused by or result from the performance of this Agreement by
either party. This indemnity and hold harmless agreement shall not apply to acts or omissions
of the County's officers, agents, and employees that are not in good faith and are outside the
scope of their official duties.
IX. DISPUTE RESOLUTION
(a) If a dispute arises between the parties with regards to the performance of any
provision of this agreement or the interpretation thereof,the parties agree to follow the
procedure set forth below. It is the goal of the parties to resolve their differences as early and
amicably as possible.
(b)The parties shall first meet to attempt to see if the matter can be informally resolved.
This informal resolution attempt may involve more than one meeting but is not required to
involve more than one meeting.
(c) If the parties are unable to resolve their differences,the parties will endeavor to
settle the dispute by mediation under such mediation rules as shall be mutually agreeable to
Page 3 of 4
the parties. Such mediation shall be non-binding but shall be a condition precedent to having
said dispute decided in court by a judge or jury. Mediation shall commence, unless otherwise
agreed, within thirty (30) days of a party's written request for mediation of a dispute. Any
resolution at this stage shall be reduced to writing and, if it involves an interpretation of the
agreement, it shall be considered an addendum to this agreement without the need for formal
adoption by the governing bodies of the jurisdictions that are parties to this agreement. Any
costs related to mediation shall be shared equally by the parties.
Dated this �L day of af 2018.
BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
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Rieva Lester, Clerk of the Board Gary Stam r, Co iss. ner
Applicant Name:
By:
Title: ee-c-t,a,.
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Approved as to Form
Lewis County Prosecuting Attorney
Civ' P eputy Prosecutor
Page 4 of 4
LEWIS COUNTY .09 RURAL ECONOMIC DEVELOPMENT FUND
APPLICATION CRITERIA
Purpose
Counties must consult cities, towns, port districts, and associate development organizations
in order to disburse funds. As per RCW 82.14.370 the funds may only be used to:
• finance "public facilities" that facilitate the creation or the retention of business and
jobs
• finance personnel in the office of a county, port district, or associate development
organization that facilitate the creation or the retention of business and jobs
Public Facilities Definition
As per RCW 82.14.370 the public facility must be listed under the county economic
development plan or the capital facilities plan and examples are included below:
• bridges, roads, railroads, and transportation infrastructure
• domestic & industrial water facilities, sanitary sewer facilities, and storm sewer
facilities
• research, testing, training, and incubation facilities in innovation partnership zones
(RCW 43.330.270)
• electrical facilities, natural gas facilities, telecommunications infrastructure, earth
stabilization
• commercial infrastructure, port facilities, buildings, structures
Attorney General's Office
As per the 2001 opinion of the Washington State Attorney General's Office the following are
uses as defined in the statute:
• capital facilities costs, including acquisition, construction, rehabilitation, alteration,
expansion, or improvements of public facilities;
• costs of development and improvement for the public facilities;
• project-specific environmental costs;
• land use and permitting costs;
• costs of site planning and analysis;
• project design, including feasibility and marketing studies and plans, and debt and
revenue impact analysis
1
Contact Information
APPLI LEVIS EDC PROJECT TITLE= PACK WOOD
CAVE SEWER
CONTA : MATT MAT ,YOSHI DATE 2/213/2016
CT
PHONE 31311=710, °11111111 EMAIL MATTKEWISEDC
so COM
A)DRE pc, BOX 9112 CITY, C EHALIS, VIA
SS a STATE, ZIP E 9 532
LOAN GRANT
REG1JJE REg!1DEST
ST AMOUNT
AMOUN
T
BY SIGNING YOU CONFIRM YOU HAVE AUTHORITY RITY TO SUBMIT THIS
APPLICATION FOR .E9 FUNDS ON BEHALF OF YOUR
ORGANIZATION. I AFFIRM THAT THE INFORMATION IS CORRECT
TO MY KNOULEDGE z
SIGMA SIGNATORY'S EXECUTIVE
T19RE o POSITIONS DIRECTOR
2
QUALIFICATIONS
Does Your Project Qualify?
Per RCW 82.14.370 the .09 funds may only be used to:
- finance public facilities that facilitate the creation or the retention of business and
jobs
finance personnel in the office of a county, port district, or associate development
organizations that facilitate the creation or the retention of business and jobs
Which Public Facility Is Your Project?
The public facility must be specifically listed under RCW 82.14.370 and listed under the
county economic development plan (or capital facilities plan). Please select the criteria which
correspond spond to your project.
Fl
Bridges [1 Domestic [1 Researc [1 Electrical facilities [1 Earth
water h stabilizatio
facilities facilities n
Roads ❑Industrial Testing Natural gas [1 Buildings
water facilities facilities
. . ............ .
facilities
H Railroads =Sanitary n Training n Telecommunicatio ri Structures
sewer facilities facilities ns infrastructure
1 Transportati E Storm sewer 11 Incubatio H Commercial ` 'Port
on facilities n infrastructure facilities
infrastructur facilities
e
How Can The Money Be Used For Your Public Facility Project?
The Washington State Attorney General 2001 No.5 opinion states that the funds for this
statute may only be used in the following ways. Please select the criteria which correspond
to your
H�your project. H H l 1 project-specific environmental l 1 costs of site planning & I 1 land use &
costs analysis permitting costs
3
C capital facilities costs, ❑costs of
including acquisition, project design, including development &
construction, rehabilitation, feasibility and marketing improvement for
alteration, expansion, or studies & plans, and debt & the public
improvements of public revenue impact analysis facilities
facilities
YOUR PROJECT
What is your "Public Facilities" project?
Please provide a brief description of your project in the space below.
Description: See attachment
How Will This Project Create Or Retain Business Or Jobs?
"Jobs" are defined by the .09 advisory committee as employment that produces products
and services and exports products and services outside of Lewis County that results in new
money coming into the community. This is traditionally manufacturing, logistics, and other
production facilities. This typically excludes retail and service sectors and other tertiary jobs
producers.
4
Description: If constructed a sewer system will provide the necessary infrastrucrture to
grow the commercial corridor of Packwood and create a greater chance of economic
diversification.
Category Created (1 yr.) - Retained (1 yr.) -
Name/Number Name/Number
Businesses
Direct full time jobs,
Direct part time jobs,
indirect jobs
What Will Be The Cost Of The Project?
The County Commission may disburse funds as both grants and loans. No funding will
exceed $600,000 unless it is deemed an extraordinary circumstance by the County
Commission. The County negotiates the terms of each award. This may include interest
rates or disbursement schedule.
Total Project Cost: Requested Amount:
Loan Amount: X Grant (Limit Amount: $30,000
$200,000)
What Is The Timeline To Completion?
5
LE) kJ1 W iVpiB,4a 4fialgt4lVCtIl{ @ Jsl elf l completion date.
Description: If we are able to begin work by April 15th the intent is to complete the
sewer study by the end of June 2018.
COMMITTEE EVALUATION
Committee Use Only Do Not Fill Out
Economic Benefits
The following are metrics that provide an aid in determining which projects may receive
funding:
Questions Metric
Does the proposed project create jobs? How many?
Does the proposed project retain jobs? How many?
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Questions Metric
What is the cost per job created/retained? (divide dollars requested by
Jobs created and/or retained)
What is the total number of full time jobs created/retained?
What is the total number of part time jobs created/retained?
How many businesses will directly benefit from this project?
Readiness to Proceed
The following are metrics that we have identified as an aid in determining projects may
receive funding:
Questions Metric
Is this project a "Public Facility" that has an economic development Yes
purpose?
Have entitlements been obtained and required permits issued/in process? None
Does this project have a clear timeline and scope of work? Yes
If this request is approved, what is the amount of match funding that is No match at this
secured? time
What is the probability of completion from 1-10 (10 indicates a high
probability)?
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BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Apr 16, 2018
Suggested Wording for Agenda Item: Agenda Type: Consent
Approve .09 ("Distressed Counties") funding for the Packwood sewer feasibility study
Contact Rieva Lester Phone: 360-740-1120
Department: Board of County Commissioners
Action Needed: Approve Resolution
Description
Approve .09 ("Distressed Counties") funding for the Packwood sewer feasibility study
Additional Copies
Becky Butler
Matt Matayoshi