Approve $1,091,000 .09 ("Distressed Counties") grant to City of Chehalis, Bishop Road Water Loop BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 22-352
APPROVE $1,091,000 .09 ("DISTRESSED
COUNTIES") GRANT TO THE CITY OF CHEHALIS
FOR ITS "BISHOP ROAD WATER LOOP" PROJECT
WHEREAS, the Lewis County Board of County Commissioners (BOCC) wishes to
approve funding in the amount of $1,091,000 for the City of Chehalis's "Bishop
Road Water Loop" project, a project that serves future demand and 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 Alliance as per RCW
82.14.370; and
WHEREAS, via prior resolutions and this resolution, the BOCC adopts the CEDS as
Lewis County's officially adopted county overall economic development plan for
the purposes of RCW 82.14.370; and
WHEREAS, the City of Chehalis's application for funding of the "Bishop Road
Water Loop" project has been recommended for approval and listing in the CEDS
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 Distressed Counties/Rural Economic Development Public Facilities
Advisory Committee recommends approving a grant in the amount of $1,091,000;
and
WHEREAS, the City of Chehalis's application is supported by the attached Grant
Agreement prepared by Economic Alliance pursuant to the CEDS, and the
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 the City of Chehalis be authorized in order to allow completion of
the "Bishop Road Water Loop" project, a project that supports economic
development in Lewis County.
NOW THEREFORE BE IT RESOLVED that the BOCC (1) approves the "Bishop
Road Water Loop" project as a public facility for purposes of RCW 82.14.370 and
amends the CEDS list to include that project in the county's overall economic
development plan; and (2) authorizes Lewis County to enter into the attached
Grant Agreement with the City of Chehalis for the "Bishop Road Water Loop"
project in the amount of $1,091,000 using monies from the "Distressed Counties
Fund," all in accordance with RCW 82.14.370 and applicable law.
Page 1 of 2 Res. 22-352
DONE IN OPEN SESSION this 22nd day of November, 2022.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Robert Bradley Lindsey R. Pollock, DVM
By: Robert Bradley, Lindsey R. Pollock, DVM, Chair
Deputy Prosecuting Attorney
ATTEST: ""T'*"�'• Sean D. Swope
can D. Swope, Vice Chair
f..
1g45
•q O�,SC.
•••Iti'GTON S•'
Rieva Lester F. Lee Grose
Rieva Lester, F. Lee Grose, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 22-352
GRANT AGREEMENT
BETWEEN LEWIS COUNTY AND
THE CITY OF CHEHALIS
This Grant Agreement is made and entered into by Lewis County and the City of
Chehalis as to the conditions for acceptance of monies by the City of Chehalis from the
"Distressed Counties Fund"pursuant to RCW 82.14.370.
L 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"Bishop Road Water Loop"and shall be funded in the amount of a grant for
$1,091,000. ;.
II. ELIGIBILITY
The public facility must be listed as an item in the officially adopted Lewis County
Comprehensive Economic Development Strategy(CEDS)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.
M. APPLICANT'S RESPONSIBILITIES
Upon approval of application by the Lewis County Commissioners, applicant agrees
that:
I. 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 b!!
purposes of being"in progress,"the project must have proceeded beyond the initial
planning stage and into the implementation stages of the project.The City of
Chehalis 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 July 20,2022,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 County
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
this funding.The audit may take place up to three(3)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 connect two existing water
mains on Bishop Road.Completion of this loop in the water infrastructure will
create additional capacity in the Port and surrounding UGA. Redundancy in water
system will protect consumers in the event of a catastrophe or maintenance needs.
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[sixty]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.I.
Failure to comply with this section may result in reversion to the "Distressed
Counties Fund"of all or part of the funding balance.
5. Billings and invoices together with audit-sufficient supporting documentation shall
be remitted to the County for payment not more than one time each month.Within
30 (thirty)days of receiving a reimbursement claims voucher that meets the
requirements of this Agreement and applicable law,the Clerk of the Board,on
behalf of the County, shall remit to the organization a warrant for the approved
reimbursement amount.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 SUBSIDY
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
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 for Washington's choice of law rules.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
To the fullest extent permitted by law,the City of Chehalis shall protect,defend,
indemnify and hold harmless Lewis County,the Lewis County 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, except
those resulting exclusively from the County's sole negligence. In the event of the concurrent
negligence of the City of Chehalis, its subcontractors,agents or employees,and the County,
its officers, agents, or employees,this indemnification obligation shall be valid and
enforceable only to the extent of the negligence City of Chehalis, its subcontractors, agents,
and employees.This indemnification obligation of the Contractor shall not be limited in any
• way by the Washington State Industrial Insurance Act,RCW Title 51,or by application of any
other workmen's compensation act,disability benefit act or other employee benefit act, and
City of Chehalis hereby expressly waives any immunity afforded by such acts.The foregoing
indemnification obligations of City of Chehalis are a material inducement to County to enter
into this Agreement,are reflected in the grant funding,and have been mutually negotiated.
City of Chehalis shall require any subcontractors performing on the project herein to
indemnify the County to an equal or greater extent than provided herein. The County reserves
the right,but not the obligation,to participate in the defense of any claim, damages,losses or
expenses and such participation shall not constitute a waiver of any indemnity protections
under this Agreement. City of Chehalis's obligations under this provision shall survive the
completion,termination,or expiration of this contract.
IX. DISPUTE RESOLUTION
(a)If a dispute arises between the parties with regard 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
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 30(thirty)days of a parry'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 day of
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
Prosecuting Attorney Jonathan Meyer LEWIS COUNTY,WASHINGTON
By: Deputy Pros. Attorney Lindsey R. Pollock, DVM,Chair
AT 1'EST Sean D. Swope, Vice Chair
Rieva Lester, Clerk of the Board F.Lee Grose, Commissioner
i
Grantee: City of Chehalis 4
ft
By:
Title: 4 )lPo J A�-„S.2__
•
LEWIS COUNTY.09 RURAL ECONOMIC DEVELOPMENT FUND
Applicant Information
Applicant: City of Chehalis Project Title: Bishop Road Water Loop
Contact Jud Riddle Date: July 20, 2022
Phone#: 360-345-1220 Email: jriddle@ci.chehalis.wa.us
Address 2007 NE Kresky Ave City, State,Zip Chehalis, WA 98532
Loan Grant Request
Request Amount $ 1,091,000.00
Amount
By signing you confirm you have authority to submit this application for.09 funds on behalf of your
organization. I affirm that t e information is correct to my knowledge.
Signature Signatory's Street Superintendent
Position: Int. Water Superintendent
1
LEWIS COUNTY.09 RURAL ECONOMIC DEVELOPMENT FUND
APPLICATION CRITERIA
PillPose
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
2
LEWIS COUNTY.09 RURAL ECONOMIC DEVELOPMENT FUND
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
o 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 to your project.oj
El Bridges [1 Domestic water El Research ❑Electrical facilities C]Earth
facilities facilities stabilization
❑Roads El Industrial water ❑Testing Natural gas facilities El Buildings
facilities facilities �
I__!Railroads El Sanitarysewer ❑Training C j s Telecommunications El Structures
��--�- facilities facilities infrastructure Transportation ElStorm sewer ❑ ��---
Incubation ❑Commercial R_�l Port facilities
infrastructure facilities facilities infrastructure
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 project.
Elproject-specific environmental costs El costs of site planning&analysis El land use&
�r�v�-�permitting costs
Elcapital facilities costs,including 10 project design,including 1 costs of development
acquisition,construction, feasibility and marketing studies &improvement for
rehabilitation,alteration,expansion,or &plans,and debt&revenue the public facilities
improvements of public facilities impact analysis
3
LEWIS COUNTY.09 RURAL ECONOMIC DEVELOPMENT FUND
YOUR PROJECT
What is your"Public Facilities"project?
Please provide a brief description of your project in the space below.
Description:
This project will connect two existing water mains on Bishop Rd. creating a "loop" in the water
infrastrucutre. This loop will help create additional capacity in the Port area, and other areas
south of Chehalis. It will also create reduncandcy in the water system by allowing the area to
be fed from multiple directions. If a catastrophic event were to occur this redundancy could
provide protection for consumers if an area of water main needs to be shut down for repairs.
i
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
Description:
By completing the waterline loop, there will be added capacity to allow new building
development in the Port district, which exists to add jobs and promote economic
development in our community.
I. ,
sectors and other tertiary jobs producers.
Category Created(1 yr.) -Name/Number Retained(1 yr.) -Name/Number
Businesses Industrial 3 +/- 100%current ane future
industrial,factory,residential
Direct full time jobs, There are two businesses in current 100%current and future industrial.
negotiations that could bring hundreds of factory,residential
Direct part time jobs, new jobs to the community,as well as
adding building infrastructure,which adds
indirect jobs value to the Industrial Development District
4
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:
Li Loan Amount: X Grant(Limit$200,000) Amount:$1,091,000.00
What Is The TimelineTo Completion?
Articulate the projected timeline of for this project as well as its completion date.
escription:
The Bishop Road Water Main Loop Project will take a phased approach for construction.
1
Phase one will consist of engineering,construction plan development,permitting,bid proecessing,and contractor award will be I
satisfied as a part of phase one and is anticipated to begin within 6 months of funding award.
Phase two will commence after the conicusion of phase one and will start at the onset of the next available construction
window per the 2019 Stomiwater Management Manual of Western Washington.
5
LEWIS COUNTY.09 RURAL ECONOMIC DEVELOPMENT FUND
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?
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 purpose? Y/N
Have entitlements been obtained and required permits issuedin process? None/Some/All
Does this project have a clear timeline and scope of work? Y/N
If this request is approved,what is the amount of match funding that is secured?
What is the probability of completion from 1-10(10 indicates a high probability)?
6
Rural Economic Development Public Facilities Advisory Committee
Minutes
Sept 9th, 2022 @ 8:30am
Economic Alliance Boardroom
Present: Ben Kostick, Paul Ericson, Kelly Smith-Johnston, Lee Grose, Fred Morton, Shawn
O'Neill, Kim Ashmore,Todd Chaput, Dolly Tardiff,
Approval of previous meeting minutes:
Motion for approval- Shawn O'Neill
2nd- Lee Grouse
All approved
Review of.09 funds balance-
Todd reviewed the balance and discussion was had by all.The balance is 2.9 million of
unencumbered funds.
CEDS Report-
Todd went over the CEDS report and stated it is up on the website and we will email it out to
the entire .09 committee.
Review of Applications-
Discussion was had about the application and the need for some additional updates made on
the monetary ask amounts and presentations. Todd will be proposing the changes and run
them by the Committee, Rieva and Jonathan Meyer.The application is up on our website as
well as the deadlines.
Application Amounts&Approvals-
City of Napavine- 1.175 million for Reconditioning of Jefferson Station to upgrade the capacity
of the pump station for future growth in Napavine. A motion was made to approve by Shawn
O'Neill, 2nd by Paul Ericson. All approved.
City Of Centralia- 1.23 million for Alder Street Improvements to improve Alder Street with
lighting, curbing, drains and sidewalks. Kim Ashmore presented on the improvements listed
above. Discussion was had by all. It was decided to "table" this ask due to the start date of
construction being spring of 2024.This ask will be made at a later date closer to the
construction start date. A motion was made to "Table" this by Lee Grouse. 2nd by Fred Morton.
All Approved.
City of Chehalis- 1.09 million for the Bishop Road water Loop. This is critical for future growth
and development in that area. A motion was made to approve by Shawn O'Neill, 2nd by Paul
Ericson. All approved.
EALC- $75,000 for Flood Retention Project Public Information. This is for the funding of Dam
information and is a public informed position. A motion was made to approve by Lee Grouse.
2nd by Shawn O'Neill. All approved.
Lewis County- $200,000 for the Airport Fuel System Renovation. Discussion was had by all. A
motion was made to approve by Fred Morton. 2nd by Kelly Smith-Johnston. All Approved.
Adjournment-
Motion to Adjourn 9:42 AM- Ben Kostick
2nd- Lee Grouse
All approved
Project Name Applicant Total Project Amount Brief Description of Project Status Date Status
Date of Application
.09 CEDS List
Support public information through
the Economic Alliance of Lewis
County and partners regarding flood
Retention Economic damage and reduction with the focus
Project Public Alliance of Lewis and benefits to job creation and
9/1/2022 Information County $75,000 retention 9/21/2022 Pending
South Leiws
County Airport- Update fueling system and enhance
Fuel System Lewis County fueling operations at the South Lewis
8/16/2022 Renovation Public Works $200,000 County Airport 9/21/2022 Pending
upgrade the Jefferson Station. This
is key factor in future growth and
expansion of city limits. Will
contribute to both residential and
commercial growth and additional
Jefferson Sewer jobs. Jefferson Station is currently at
8/24/2022 Station City of Napavine $1,175,000 full capacity 9/21/2022 Pending
connect two existing water mains on
Bishop Road. Completion of this
loop in the water infrastructure will
Bishop Road create additional capacity in the Port
7/20/2022 Water Loop City of Chehalis $$1,091,000 and surrounding UGA 9/21/2022 Pending
improve the access road, install
culverts in four locations to drain
Improvement of low areas in the roadway that collect
Access to Water and pool water and could lead to
4/7/2022 intake Town of Pe Ell $400,000 downslope drainage issues or slides 6/30/2022 Pending
Complete funding for Phase I Grain
Storage facility that can handle rail
SW Washington handling, receiving and shipping in
5/24/2022 Grain Facility Port of Chehalis $200,000 bulk 6/30/2022 Pending
Alliance
operations and To achieve the goals outlined in the
implementations attached Marketing plan through
of economic Economic $175,000.00 annually increasing the number of jobs
development Alliance of Lewis for 2 years for a total available to the community through
12/15/21. initiatives and County of$350,000.00 economic development initiatives 6/30/2022 In Progress
Brewing Tenant bring building at 112 Norman Way in Making
5/24/2021 Improvement ELCPDA $ 135,000.00 Packwood up to marketable status Mar-22 progress
To encourage development and
streamline and speed up the
approval process, EDC will update
EDC's Update of Vader's standards to fix in
Vader's Urban consistencies, modernize the design
Design rules and create more familiar set of
4/16/2021 Standards EDC $ 20,000.00 design standards for developers Mar-22 10% Funded
East Lewis To cover loan payment for
County Econ. continuation of operations for
10/9/2020 Dev. Funding PDA $ 10,807.00 building in Packwood
Winlock 70%
Industrial Park completio
9/13/2020 Sewer Extension City of Winlock $1.7 Million provide sewer to the industrial park 6/11/2021 n
Engineering
Analysis &
Report to
Support Winlock
Industrial Park 67.7%
and Surrounding provide a Preliminary Engineering completio
9/13/2020 Areas LC PUD#1 $ 175,000.00 Report for funding consideration Mar-22 n
Tenant
Improvement Project 100%
6/23/2020 Package Port of Chehalis $ 49,000.00 Tenant improvements of building Completed Funded
Projects in the Flood Control Reduce road and intersection
2/27/2020 LCFCD#1 District#1 $ 156,000.00 flooding and closures. Mar-22 0%
Flood Damage Chehalis River Advancing engineering for
Reduction Basin Flood continued development of the
2/28/2020 Project Control District $ 750,000.00 proposed flood retention facility. Mar-22 40%
Lewis County
Public Facilities Expand the service capacity of the 100%
2/28/2020 Sports Hub Expan Dept. $ 300,000.00 NW Sports Hub Completed Funded
and $165,000.00 annually
Implementation for two years for a To provide for the operations of the 100%
of Strategic total of$330,000.00 Economic Development office and Project Funded
2/26/2020 Initiatives Lewis EDC over two years. Implement the Strategic Initiatives Completed
North Lewis
County Industrial Lewis County Fund the project design of North
9/6/2019 Access Public Works Lewis County Industrial access Mar-22 TBA
Building a
biorefinery Cover cost of development and
based industrial engineering analysis study to
park in Lewis University of address economic and Update on 63% Funds
1/14/2019 County Washington $ 120,000.00 environmental benefits April 11th Used
Mickelsen Lewis County
5/21/2019 Parkway Public Works $ 1,125,380.00 Construction of Mickelsen Parkway
Rail transload Project 100%
2/11/2019 and grain facility Port of Chehalis $ 800,000.00 Installation of a rail spur Completed Funded
Finance public facilities serving
Water Main economic development purposes in
2/7/2019 Extension SR505 City of Winlock $ 300,000.00 rural counties TBA
Comprehensive Complete state mandated update of
2/19/2019 Plan Update City of Vader $ 25,000.00 City of Vader Comprehensive Plan
McBride Court Build a 20,000 sf facility Project 100%
8/21/2018 Phase II Port of Chehalis $ 400,000.00 Completed Funded
Packwood Sewer Rendering of Wastewater Treatment Project 100%
3/9/2018 Lewis EDC $ 30,000.00 Plant Completed Funded
EDC Operations Implementation of Strategic Plan Project 100%
3/9/2018 Lewis EDC $ 330,000.00 and initiatives Completed Funded
Co-Working Acquire and remodel facility for co- Project 100%
8/1/2017 facility Port of Chehalis $ 125,000.00 working Completed Funded
City of
Collection &analysis of market data Project o
wort Project Plann Chehalis/Central 100%
8/24/2017 is Chehalis $ 38,000.00 for land use planning Completed Funded
Lewis County Feasibility Study and Engineering
Water Dist. 1 Report to repair or replace Hampton
5/24/2017 Feasibility Study Nis Co.Water Dis. $ 40,000.00 Reservoir
Business Dev.At
the Industrial Economic development planning
Park at TransAlta and business recruitment
5/18/2017 (IPAT) Lewis EDC $ 380,000.00
Curtis Rail Line
Natural Disaster Repair trestle and tracks
2/11/2016 Repair Port of Chehalis $ 100,000.00
Habein Road
Industrial Env. sampling, site design, permitting
2/22/2016 Complex Port of Chehalis $ 750,000.00
Chehalis
Industrial Park clearing,fill, excavation, permitting
10/30/2015 Site Prep. Port of Chehalis $ 275,000.00
Discover!
Children's Construction of a children's museum
8/26/2015 Museum City of Chehalis $ 4,200,000.00
Chehalis
Industrial Park
Rail Build 700 ft. of rail
Infrastructure
5/28/2015 Expansion Port of Chehalis $ 885,271.00
Discover!
Childrens Construction of a childrens museum
5/27/2015 Museum City of Chehalis $ 4,200,000.00
Historic Fox
Theatre South
Wall and Roof 'reserve structural integrity of building
Restoration
5/15/2015 Project City of Centralia $ 365,855.00
Steam Engine
#15- 15 yr. Overhaul of Locomotive#15
2/20/2015 rebuild City of Chehalis $ 135,276.00
Steam Engine
#15- 15 yr. Overhaul of Locomotive#15
rebuild
8/29/2014 City of Chehalis $ 158,340.00
North County
'ransportation access to industrial area
Industrial Access
7/2/2014 Nis Co. Public Wo $ 500,000.00
Winlock Sewer
8/11/2011 Design Winlock $ 5,281.02
GRANT AGREEMENT
BETWEEN LEWIS COUNTY AND
THE CITY OF CHEHALIS
This Grant Agreement is made and entered into by Lewis County and the City of
Chehalis as to the conditions for acceptance of monies by the City of Chehalis 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"Bishop Road Water Loop"and shall be funded in the amount of a grant for
$1,091,000.
II. ELIGIBILITY
The public facility must be listed as an item in the officially adopted Lewis County
Comprehensive Economic Development Strategy(CEDS)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:
I. 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 City of
Chehalis 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 July 20,2022,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 County
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
this funding.The audit may take place up to three(3)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 connect two existing water
mains on Bishop Road. Completion of this loop in the water infrastructure will
create additional capacity in the Port and surrounding UGA. Redundancy in water
system will protect consumers in the event of a catastrophe or maintenance needs.
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[sixty] 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.I.
Failure to comply with this section may result in reversion to the "Distressed
Counties Fund" of all or part of the funding balance.
5. Billings and invoices together with audit-sufficient supporting documentation shall
be remitted to the County for payment not more than one time each month. Within
30 (thirty) days of receiving a reimbursement claims voucher that meets the
requirements of this Agreement and applicable law, the Clerk of the Board, on
behalf of the County, shall remit to the organization a warrant for the approved
reimbursement amount. 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 SUBSIDY
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
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 for Washington's choice of law rules.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
To the fullest extent permitted by law,the City of Chehalis shall protect, defend,
indemnify and hold harmless Lewis County,the Lewis County 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, except
those resulting exclusively from the County's sole negligence. In the event of the concurrent
negligence of the City of Chehalis, its subcontractors, agents or employees, and the County,
its officers, agents, or employees,this indemnification obligation shall be valid and
enforceable only to the extent of the negligence City of Chehalis, its subcontractors, agents,
and employees. This indemnification obligation of the Contractor shall not be limited in any
way by the Washington State Industrial Insurance Act,RCW Title 51,or by application of any
other workmen's compensation act, disability benefit act or other employee benefit act, and
City of Chehalis hereby expressly waives any immunity afforded by such acts.The foregoing
indemnification obligations of City of Chehalis are a material inducement to County to enter
into this Agreement, are reflected in the grant funding, and have been mutually negotiated.
City of Chehalis shall require any subcontractors performing on the project herein to
indemnify the County to an equal or greater extent than provided herein. The County reserves
the right, but not the obligation, to participate in the defense of any claim, damages, losses or
expenses and such participation shall not constitute a waiver of any indemnity protections
under this Agreement. City of Chehalis's obligations under this provision shall survive the
completion,termination, or expiration of this contract.
IX. DISPUTE RESOLUTION
(a) If a dispute arises between the parties with regard 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
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 30(thirty) 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 day of (8 v._ 2 /V D l�-ey►U
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
Prosecuting Attorney Jonathan Meyer LEWIS COUNTY, WASHINGTON
By: Deputy Pr, . Attorney Lindsey R. Pollock, D M, Chair
A ITEST Se D. Sw e, ice Chair
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Rieva Lester, Clerk of the Board F. Lee Grose, Commissioner
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2• Grantee: City of Chehalis
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Title: 61,4 hiat,JAt_,,/,.2_
BOCC AGENDA ITEM SUMMARY
Resolution: 22-352 BOCC Meeting Date: Nov. 22, 2022
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approve $1,091,000 .09 ("Distressed Counties") grant to the City of Chehalis for its "Bishop Road
Water Loop" project
Contact: Rieva Lester Phone: 360-740-1419
Department: BOCC - Board of County Commissioners
Description:
Approve $1,091,000 grant to the City of Chehalis for the "Bishop Road Water Loop" project
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Todd Chaput, Economic Alliance:
todd@lewiscountyalliance.org
Jud Riddle: jriddle@ci.chehalis.wa.us