On the agenda: West Richland meeting — Data Center (Nov 3)

1.

6:00 P.M. City Council Regular Meeting Materials

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.11-03-26 - AGENDA.PDF
.11-03-26 - PACKET.PDF

WEST RICHLAND CITY COUNCIL MEETING
TUESDAY, NOVEMBER 3, 2026 | 6:00 P.M.

3100 Belmont Boulevard, West Richland, WA 99353

Preliminary Agenda

Notice to the Public: This meeting will be held in person, with a remote viewing option available via Zoom.
Public comments will be accepted in person. Written comments and requests for accommodation to comment
remotely must be submitted to the City Clerk by 3:00 p.m. on the day of the meeting.

1. MEETING CALLED TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF AGENDA
5. PRESENTATIONS
6. PUBLIC COMMENT OPPORTUNITY #1 (For Items Not on The Agenda) – 30 minutes
7. CONSENT AGENDA
a. Approve Minutes - Regular Meeting: October 20, 2026 | Special Meeting: October 27, 2026
b. RES. 72-26 -To execute the inter-agency agreement with WSP regarding License Plate scanning
c. RES. 73-26 – Setting a Public Hearing for the formation of a Transportation Benefit District
d. Motion to award S. Highlands and Keene Road Intersection Improvement Project
e. Motion to auth. the Mayor to sign the revised 1st Amendment to Jail Use Agreement
f. Motion for the Chief to approve the agreement between DEA and Local Law Enforcement
g. Motion authorizing Mayor to execute Drinking Water State Revolving Fund Loan for Belmont Reservoir Project.
h. RES. 74-26 to approve a reimbursement agreement for WKC31 Development LLC
i. ORD. 28-26 – 2025-2026 Budget Amendment
8. ORDINANCES, RESOLUTIONS, MOTIONS, AND PUBLIC HEARINGS
9. UNFINISHED BUSINESS
10. NEW BUSINESS
a. Interim Development Regulations – Data Center
11. PUBLIC COMMENT OPPORTUNITY #2
12. STAFF AND COUNCIL ANNOUNCEMENTS, REPORTS, AND COMMENTS
a. Staff Reports
b. Council Reports
13. EXECUTIVE SESSION
14. CONCLUSION

Updated 10/29/2026

WEST RICHLAND CITY COUNCIL MEETING
TUESDAY, NOVEMBER 3, 2026 | 6:00 P.M.

3100 Belmont Boulevard, West Richland, WA 99353

Preliminary Agenda

Notice to the Public: This meeting will be held in person, with a remote viewing option available via Zoom.
Public comments will be accepted in person. Written comments and requests for accommodation to comment
remotely must be submitted to the City Clerk by 3:00 p.m. on the day of the meeting.

1. MEETING CALLED TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF AGENDA
5. PRESENTATIONS
6. PUBLIC COMMENT OPPORTUNITY #1 (For Items Not on The Agenda) – 30 minutes
7. CONSENT AGENDA
a. Approve Minutes - Regular Meeting: October 20, 2026 | Special Meeting: October 27, 2026
b. RES. 72-26 -To execute the inter-agency agreement with WSP regarding License Plate scanning
c. RES. 73-26 – Setting a Public Hearing for the formation of a Transportation Benefit District
d. Motion to award S. Highlands and Keene Road Intersection Improvement Project
e. Motion to auth. the Mayor to sign the revised 1st Amendment to Jail Use Agreement
f. Motion for the Chief to approve the agreement between DEA and Local Law Enforcement
g. Motion authorizing Mayor to execute Drinking Water State Revolving Fund Loan for Belmont Reservoir Project.
h. RES. 74-26 to approve a reimbursement agreement for WKC31 Development LLC
i. ORD. 28-26 – 2025-2026 Budget Amendment
8. ORDINANCES, RESOLUTIONS, MOTIONS, AND PUBLIC HEARINGS
9. UNFINISHED BUSINESS
10. NEW BUSINESS
a. Interim Development Regulations – Data Center
11. PUBLIC COMMENT OPPORTUNITY #2
12. STAFF AND COUNCIL ANNOUNCEMENTS, REPORTS, AND COMMENTS
a. Staff Reports
b. Council Reports
13. EXECUTIVE SESSION
14. CONCLUSION

Updated 10/29/2026
Page 1 of 80

CITY OF WEST RICHLAND
CITY COUNCIL MEETING
OCTOBER 20, 2026
1.

Call to Order –
Mayor Brink called the meeting to order at 6:00 p.m.

2.

Roll Call City Council
Mayor Fred Brink
Mayor Pro Tem Richard Bloom (virtual)
Councilmember David Cole
Councilmember David Fetto
Councilmember Kate Moran
Councilmember John Smart
Councilmember Ken Stoker
Councilmember Dan Richey

3.

Pledge of Allegiance –
Councilmember John Smart led the council, staff, and audience in the Pledge of Allegiance.

4.

Approval of Agenda –
Councilmember John Smart moved to approve the agenda. Councilmember Kate Moran seconded
the motion. The Council voted unanimously to approve the agenda.

5.

Presentations – none

6.

Public Comments – 30 minutes
Karl Dye, Tri-City Development Council (TRIDEC): Supported keeping the City open to data centers,
citing construction and ongoing jobs, local workers who currently commute to Oregon, and the
environmental review process required for projects in Washington.
David Reeploeg, TRIDEC: Said data centers could bring jobs, tax revenue and public improvements if
they are developed responsibly. He pointed to Quincy as an example and opposed a moratorium.
Vanessa Romero, unincorporated Benton City: Raised concerns about impacts on nearby Rupert
Road residents, especially the Saddle Mountain aquifer and private wells. She asked for enforceable
protections on water use, noise and light, cooling systems, and backup power.
Tex Bender: Called for stronger traffic enforcement, describing street racing, a vehicle crash into his
son’s home, and a near collision with a police officer. He expressed concern for residents’ safety and
asked for more effective patrols.
J.J. Williams, Red Mountain / Kiona Vineyards and Winery: Warned that diesel-generator emissions
could affect nearby vineyards and the wine industry. He cited the value of Red Mountain grapes and
asked for time to assess potential smoke-taint and crop risks.
David Fritch, Richland: Said the City may have limited ability to prevent development on privately
owned land but can shape the rules governing it. He urged the Council to consider both economic
benefits and the project’s unusually high requested power use and pointed to Richland’s proposed
data-center regulations as a useful reference.
Jerry Boggs, West Richland: Asked Council members to help residents understand the issues and
avoid comments that residents might perceive as lecturing. He also suggested setting a time limit for
Council members’ closing comments.
Cody Bender, West Richland: Described repeated speeding and street-racing concerns, including a
crash into his family’s home and a separate incident involving his son and daughter-in-law. He asked
for more nighttime patrols and stronger enforcement.

City Staff
Finance Director Erin Gwinn
Comm. Dev. Director Eric Mendenhall
Planner Elisha Ransom (virtual)
City Attorney Jessica Foltz
Police Chief James Fry
City Clerk Stephanie Haug

Sandy Knight, unincorporated Ruppert Road: Raised concerns about water reclamation, private
wells, planned housing and traffic near Red Mountain. She noted that growth beyond the data center
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could also affect nearby residents and questioned the community costs of development.
Liz Emmons, Tri-Cities Data Center Watch: Submitted petitions with 853 West Richland signatures
requesting a six-month moratorium. She raised concerns about public notice, appeal rights and
community trust, and asked the Council to pause while it studies potential impacts.

7.

Consent Agenda –
Mayor Brink read the consent agenda titles for consideration:
a. Payment of Bills
Description

Cheek INumber(s)

Accounfs PaYablei Ohecks

8230(3-82524

Accounts Pavabte Volds

82106
APPKT004008, 4830, 4834, 4838, 4841 , 4801 , 4823, 4832,
4744 4794 4798, 4802 4803 4821 4822 4824
APPK.T048 11

Eleclronic Wire Pa,ynier,ts
Electronic P.awoll Voids

Arnount
$2 112 389.55
{$178,36)

$597,455.96

,s120 enm
$471 148.48
$144,954.90

Direct Deoosit

Bank,, Merchant Fees & lnterfund
Transfers

$3 2·04.893.35

Total

b. Approve Minutes - Regular Meeting: October 6, 2026 | Special Meeting: October 6, 2026
c. ORD. 27-26- Zoning code amendment to lower the minimum parking requirement for
newly developed multifamily dwellings (apartments & condominiums)
ORDINANCE 27-26
AN ORDINANCE OF THE CITY OF WEST RICHLAND, WASHINGTON RELATING TO ILLICIT DISCHARGE
DETECTION AND ELIMINATION, AMENDING THE WEST RICHLAND MUNICIPAL CODE (WRMC)
RELATED TO THE MINIMUM PARKING REQUIREMENT FOR MULTIFAMILY OR MULTIPLE-FAMILY
DWELLINGS, COMMONLY CALLED APARTMENTS AND CONDOMINIUMS (TXT-0008-2026).

d. RES. 69-26 - Setting the public hearing date: utility easement vacation for File No.:
VACA-005-2026
RESOLUTION 69-26
A RESOLUTION OF THE CITY OF WEST RICHLAND, WASHINGTON, SETTING THE PUBLIC HEARING
DATE TO CONSIDER A UTILITY EASEMENT VACATION ON BELMONT BUSINESS DISTRICT, LOT 1;
PARCEL NUMBER 1-1297-402-0000-001.

Tex Bender, West Richland: Opposed reducing the minimum parking requirement for multifamily
housing. He said limited parking could push residents’ vehicles onto nearby streets and create
congestion and other neighborhood impacts.
Scott Stover, West Richland: Asked the Council to consider how reduced parking requirements
could affect nearby streets and businesses. He expressed concern that a lower parking standard
could increase on-street parking.
Kathy Roberts, West Richland: Opposed reducing parking requirements, noting that two people in a
one-bedroom apartment may each have a car and that larger households may need more space.
She said spillover parking could affect nearby residential streets.
Councilmember Kate Moran moved to approve the consent agenda. Councilmember Ken Stoker
seconded the motion. The Council unanimously approved the consent agenda.

8. Ordinances, Resolutions, Motions, and Public Hearings
a. RES. 70-26 – Accept Proposed Critical Area Ordinance Updates– 2026 Update of
Comprehensive Plan
Community and Economic Development Director Eric Mendenhall presented the proposed Critical
Areas Ordinance update addressing shrub-steppe habitat and mitigation requirements. He
explained that the resolution would forward the proposal to the Washington State Department of
Commerce for review; it would not adopt the ordinance.
Zachariah Kellogg, West Richland: Supported the proposed shrub-steppe mitigation update. He said
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shrub-steppe requirements can make development more difficult and costly, and described the
proposal as a positive step for critical-area protection.

Councilmember Ken Stoker moved to approve Resolution 70-26, Accepting the proposed Critical
Area Ordinance Updates as part of the 2026 Update of the Comprehensive Plan. Councilmember
Kate Moran seconded the motion. The Council approved Resolution 70-26 unanimously.
b. RES. 71-26 – Accept Implementation Development Regulations – 2026 Update of
Comprehensive Plan.
Director Mendenhall introduced consultant Casey Bradfield of BERK Consulting, who
summarized proposed development-code updates. Bradfield said many changes respond to
state-law requirements adopted since the City’s prior periodic comprehensive plan update.
Other proposed changes would clarify or reorganize code and address staff experience with
permit administration. Bradfield recommended legal review before final approval.
RESOLUTION 71-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST RICHLAND, ACCEPTING DEVELOPMENT
REGULATION CHANGES FOR 2026 COMPREHENSIVE PLAN UPDATE.

Terry Grant, Red Mountain: Opposed the resolution, arguing that residents had received inadequate
notice and fewer opportunities to participate in decisions related to the Lewis and Clark Ranch data
center. He questioned removing the administrative appeal process and asked why the resolution
needed to pass before a moratorium was considered.
Sandra Knight, unincorporated Benton City: Raised concerns about planned development on the
land near her home, including housing, water reclamation, possible annexation and the effect on
county residents who would have limited input.
Alisa Huckaby, West Richland: Asked the Council to delay action so residents could review the
lengthy proposed code changes and provide input. She objected to removing the administrative
appeal process, citing the cost of pursuing an appeal in court.
Julie Nelson, Richland: Added two points to Terry Grant’s comments: she asked when the public
would receive notice before an appeal right was removed and opposed Resolution No. 71-26.
Paula Batchelor, West Richland: Opposed removing the administrative appeal process, saying it
could prevent residents with limited incomes from challenging decisions through the courts. She
asked the Council to retain an administrative appeal option.
Brian Mitchell, West Richland: Opposed removing residents’ ability to seek public review and appeal
certain SEPA determinations. He said the lengthy packet was difficult to review on short notice and
that residents could have trouble finding an attorney and filing within the appeal deadline.
Dylon Wright Montclair, West Richland: Recommended considering data centers as a conditional
use, citing the code’s stated goals of protecting public health, safety and welfare and minimizing
visual impacts.
Scott Haysom, West Richland: Generally supported the proposed code updates, including changes
related to accessory dwelling units (ADUs), but recommended revising the proposed ADU size
provisions. He said the changes could limit use of basement space and asked the Council to
consider allowing larger ADUs on larger properties.
Tex Bender, West Richland: Opposed the resolution, saying residents had not been adequately
informed or included in decisions affecting the community. He raised concerns about residents’
rights and the cost of judicial appeals.
Dale Wilson, West Richland: Opposed the resolution, expressing concern that it would reduce
residents’ appeal rights and leave court as their only option. He asked the Council not to approve it
that night.
Scott Stover, West Richland: Suggested that conditional use permits could be a useful tool for
addressing concerns raised by residents and encouraged the Council to consult legal counsel.
John Hamilton, West Richland: Asked the Council to slow down and give the proposed regulations
closer review before acting.
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Page 4 of 80

Zachariah Kellogg, West Richland: Opposed removing the administrative appeal process,
arguing that a court appeal could be too costly for residents. He also questioned whether the
packet had been available long enough for the public to review it.
Jessica Hutchinson, West Richland: Asked the Council to postpone action until residents’ questions
were answered. She said updating the code to follow state law did not by itself address whether the
changes reflected residents’ interests and opposed reducing residents’ ability to participate.
Adrian Ramirez, West Richland: Said data centers can provide construction jobs, based on his
experience as an electrician, but described concerns about water, livestock, crops and nearby
homes in Boardman. He urged the City to preserve ways to appeal decisions and hold developers
accountable.
Vanessa Romero, unincorporated Benton City: Asked the Council to allow more time for review and
public feedback. She questioned why administrative appeals would remain available for some
permit decisions but not SEPA determinations and said judicial appeals may be unaffordable or
difficult for residents to pursue.
Councilmember John Smart moved to approve Resolution 71-26, accepting the Implementation
Development Regulations for the 2026 Update of Comprehensive Plan. Councilmember David
Fetto seconded the motion. After discussion, the Council approved Resolution 71-26 with a
majority vote of 6-1, with Mayor Pro Tem Bloom voting nay.

9.

Unfinished Business – none

10. New Business– none
11. Citizen Comment –
Vicki Jordan, West Richland: Asked the Council to recognize residents’ concerns about data centers
and adopt strong safeguards. She cited reports about water quality and use, community benefits,
energy demand and local regulations, and said residents should have time to understand how
development could affect them.
Carrie McKillop, Richland: Worried that approving one data center could lead to additional projects
and related power infrastructure, affecting the area’s mountain and river views.
Janice Haney, West Richland: Raised concerns about multifamily parking requirements, affordable
housing and the pace of growth. She said residents should have a voice in how the City grows.
Darian Montclair, West Richland: Asked the Council to adopt a data center moratorium to allow more
time to consider community concerns and possible regulations. She supported considering
conditional use permits and questioned estimates of data center jobs.
Mitchell Malloy, Richland: Said economic development should account for clean water, air quality,
habitat and residents’ well-being, as well as jobs and tax revenue. He questioned the long-term value
of data center development and asked the Council to adopt a moratorium.
Brad Rew, Richland: Urged the Council to adopt a moratorium and use the time to develop stronger
policies and engage residents, saying a transparent process could build public trust.
Scott Stover, West Richland: Cited data-center development and power-demand figures, including
the project’s requested power capacity, and asked the Council to adopt a six-month moratorium.
Zachariah Kellogg, Richland: Raised concerns about whether the City could enforce its laws if a data
center violated them, and about the City’s ability to challenge a large company in court. He also asked
whether the Council could reconsider allowing data centers on the site.
Anna, West Richland: Asked for a moratorium to give the City time to adopt safeguards for water,
power, wastewater and air emissions. She said residents did not know who the project’s end user
would be and asked the City to address potential impacts before an application proceeds.
12. Announcements, Reports & Comments
Staff Reports – none

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Page 5 of 80

Council ReportsCouncilmember Cole: Encouraged residents to vote, noting low voter turnout in the last Benton
County election. He discussed the effect of state laws on local control and encouraged the City
to consider lawful ways for the community to respond.
Councilmember Moran: Reported attending Ben Franklin Transit and Benton-Franklin Council of
Governments meetings. She shared information about transit’s breast-cancer-awareness vans,
the Human Services Transportation Plan, and the 2027–2030 transportation improvement
program. She also announced an upcoming Continuum of Care meeting.
Councilmember Richey: Thanked residents for staying through the meeting and apologized to
anyone who felt lectured by his prior comments. He said he would support a proposal for
additional police officers.
Councilmember Fetto: Announced the West Richland Chamber luncheon and requested golf
carts or scooters for the Veterans Day parade. He also asked Council members to confirm
whether they would participate.
Councilmember Smart: Thanked residents for their comments and addressed concerns about the
City’s prior land-use designation for data centers. He said he had supported the designation
based on limited information at the time, and that he was compiling residents’ concerns and
seeking information about data centers in Washington to inform his review.
Mayor Pro Tem Bloom: Reported attending the Northwest Mosquito Control Conference in
Penticton, Canada, and said he would be unable to attend the Veterans Day parade.
Mayor Brink: Reminded everyone of the Grounds for Conversation event planned for December
12 with the Police Chief, Community and Economic Development Director, and three Council
members. He also said the City had engaged land-use attorney Ken Harper to conduct an
independent gap analysis of existing codes and identify whether additional safeguards for datacenter development may be needed. The Mayor expected to share an update at the next Council
meeting.
13. Executive Session – none
14. Meeting ConclusionThe meeting concluded at 9:02 pm.
____________________________________
Fred Brink, Mayor

____________________________________
Stephanie Haug, MMC, City Clerk

5
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CITY OF WEST RICHLAND
CITY COUNCIL SPECIAL MEETING - WORKSHOP
OCTOBER 27, 2026
1.

Call to Order –
Mayor Brink called the meeting to order at 5:30 pm.

2.

Roll Call City Council
Mayor Fred Brink
Mayor Pro Tem Richard Bloom
Councilmember David Cole
Councilmember David Fetto
Councilmember Dan Richey
Councilmember Kate Moran
Councilmember John Smart
Absent
Councilmember Ken Stoker

City Staff
Finance Director Erin Gwinn
Police Commander Mitchell Coates
Public Works Director Roscoe Slade
Comm & Econ. Dev Director Eric Mendenhall
IT Manager Brad Borton
HR Manager Selena Smathers
City Clerk Stephanie Haug

Councilmember John Smart moved to excuse Councilmember Ken Stoker. It was seconded by
Mayor Pro Tem Richard Bloom. The Council voted unanimously to excuse Councilmember Ken
Stoker.
3.

Mayor’s Proposed Budget Presentation & Discussion
Mayor Fred Brink: Presented the proposed budget and read his transmittal letter. He
described the City’s funding challenges, including General Fund requests exceeding
projected revenues by nearly $13 million, and outlined the proposed budget’s priorities:
essential services, staffing, cybersecurity and public safety. He noted the budget assumes
Council action to establish a Transportation Benefit District and increase the water utility tax.
Finance Director Erin Gwinn: Reviewed the proposed budget, including an $8.9 million
reduction from departmental General Fund requests. She described the two revenue actions
assumed in the proposal: a 4% water utility tax increase and a Transportation Benefit District
funded by a 0.1% sales tax and a $20 vehicle fee. She summarized staffing and service
reductions, public-safety funding, capital projects, and projected fund balances. She said
the proposed budget uses approximately $2 million in reserves through 2028 and that future
projections show a deficit if costs continue rising and no further action is taken.
Councilmember Smart: Asked how much the proposed budget would draw from reserves
and whether projected future deficits would take the General Fund below its required reserve
level. The Mayor and Finance Director clarified that the projected 2028 ending balance is
approximately $2.5 million, about $169,000 above the reserve requirement, and that further
reductions or revenue would be needed to avoid falling below the required balance in later
years.
City Clerk Stephanie Haug: Explained where residents can find the budget materials on the
City’s website: the Finance page’s dedicated 2027–2028 biennial budget page, with the
budget book and revenue and expenditure worksheets available as PDFs.

4.

Meeting ConclusionThe meeting concluded at 5:59 pm.
____________________________________
Fred Brink, Mayor

____________________________________
Stephanie Haug, MMC, City Clerk

1
Page 7 of 80

AGENDA ITEM:

7b

lYPE OF ACTION:

�x"

MEETING DATE:

November 3, 2026

Execute Contract

Consent Agenda

SUBJECT:

RES. 72-26 Relating to the lnteragency
MOU for License Plate Scanning
between WSP and WRPD
SFA3 Goal 4 - Improve quality and
efficiency of services and cost savings
through collaboration with other public
and private

Pass Resolution

WEST RICHLAND AGENDA ACTION ITEMS

STRATEGIC FOCUS
AREA
Prepared by:

Chief James Fry Jr. / M. Hedrick

Reviewed by:

Mayor Fred Brink

X

X

Public Hearing

Pass Ordinance

1st Discussion

Pass Motion

2nd Discussion

Other

SUGGESTED MOTION: I move to approve Resolution 72-26 authorizing Chief Fry to sign the lnteragency
Memorandum of Understanding (MOU) for License Plate Scanning between Washington State Patrol (WSP)
and West Richland Police Department (WRPD).

I

I

ATTACHMENTS:

•
•

lnteragency MOU for License Plate Scanning between WSP and WRPD
RES 72-26 Authorizing Chief Fry to sign the lnteragency MOU for License Plate Scanning between WSP and
WRPD

BACKGROUND INFORMATION: WSP maintains the Washington Crime Information Center (WACIC) system of

records, pertaining to stolen vehicles, vehicles wanted in conjunction with felonies, wanted persons, and
vehicles subject to seizure based on federal court orders. The Federal Bureau of Investigation (FBI) maintains
the kidnappings and missing persons list and the national center for missing and exploited children list
(NCMEC) records. All of these records will be made available to WRPD by WSP through a secure data
transfer program and uploaded into the automated license plate reader (ALPR) system.
The purpose of this MOU is to establish an understanding regarding transmitting, receiving, and storing this
information. The data provided by WSP will only be accessible to Agency Data Stewards and shall be used
and accessed only for the limited purposes of carrying out law enforcement activities.
The period of performance is three years.

SUMMARY: The attached lnteragency MOU is to ensure all the records made available to WRPD by WSP are
kept confidential and are only to be accessed for the limited purposes of carrying out law enforcement
activities. It also establishes the understanding of transmitting, receiving, and storing this information. The data
provided by WSP will only be accessible to Agency Data Stewards.
RECOMMENDATION: Approve the lnteragency MOU
FISCAL IMPACT {Indicate amount-fund, and imgact on budget}:
-- None

Page 8 of 80

CITY OF WEST RICHLAND
RESOLUTION NO. -26
A RESOLUTION OF THE CITY OF WEST RICHLAND, WASHINGTON, AUTHORIZING
AN lnteragency Memorandum of Understanding (MOU) for License Plate Scanning

between Washington State Patrol (WSP) and West Richland Police Department
(WRPD).
WHEREAS, the City of West Richland and West Richland Police Department recognize the
value of partnering with other law enforcement agencies to provide a highest level of safety and
service to the community; and
WHEREAS, the City of West Richland sees the value in being able to access Automated
License Plate Readers, with this MOU with WSP being necessary to utilize this technology; and
NOW, THEREFORE, be it resolved that the lnteragency MOU for License Plate Scanning
between WSP and WRPD is hereby approved and the Chief is authorized to sign and execute said
agreement.
PASSED by the City Council for the City of West Richland, Washington, this 3rd day
of November 2026.

Fred Brink, Mayor
ATTEST:

Stephanie Haug, City Clerk
APPROVED AS TO FORM:

Jessica Foltz, City Attorney

Page 9 of 80

INTERAGENCY MEMORANDUM OF UNDERSTANDING
FOR LICENSE PLATE SCANNING
BETWEEN
WASHINGTON STATE PATROL
AND
WEST RICHLAND POLICE DEPARTMENT

This Memorandum of Understanding (MOU) is made and entered into by and between the Washington
State Patrol, hereinafter referred to as WSP, and the West Richland Police Department, hereinafter
referred to as Recipient. WSP and Recipient may be individually referred to as a Party or jointly referred
to as Parties.
THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

PURPOSE
1.
It is the purpose of this MOU to establish the Parties understanding regarding transmitting, receiving, and
storage of information contained in the Washington Crime Information Center (WACIC) systems of records,
the Federal Bureau of Investigations {FBI) investigation kidnappings and missing persons list, and FBl's
national center for missing and exploited children list (NCMEC) made available by WSP to Recipient through
a data transfer program' and under which Recipient will receive and safeguard the data, as set forth in this
MOU. FBI data is subject to availability of data from the FBI.
This MOU has no effect upon an agreement through which WSP provides FBI or WACIC data to Recipient
through WSP's A Central Computerized Enforcement Service System (ACCESS), if any.
BACKGROUND
2.
The Federal Bureau of Investigation {FBI) maintains the kidnappings and missing persons list and
NCMEC records. WSP maintains the WACIC system of records containing multiple files. Information
provided by WSP to recipient may include stolen vehicles, vehicles wanted in conjunction with felonies,
wanted persons, and vehicles subject to seizure based on federal court orders.
SCOPE
3.
This MOU applies to information transferred by WSP to the Recipient through the FBI and WACIC Vehicle
File, License Plate File and Wanted Person File via a secure SFTP Server environment. Data to be provided
by WSP is described in Attachment 1, Data Elements and Handling Instructions.
DEFINITIONS
4.
As used throughout this MOU, the following terms shall have the meanings set forth below:
"Confidential Information" means information that may be exempt from disclosure to the public or other
unauthorized persons under either chapter 42.56 RCW or other state or federal statutes.
Confidential Information includes, but is not limited to, names, addresses, social security numbers,
e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license
numbers, medical data, law enforcement records, agency course code or object code, agency
security data, or information identifiable to an individual that relates to any of these types of
information.

WSP License Plate Scanner Agreement AAG approved 9-21-17

Page 1 of 11

Page 10 of 80

WSP Contract Number: K23138
License Plate Reader Agreement

"Personal Information" means information or set of linked information identifiable to any person,
including, but not limited to, information that relates to a person's name, health, finances, education,
business, use or receipt of governmental services or other activities, addresses, telephone numbers,
social security numbers, driver license numbers, e-mail addresses, credit card information, law
enforcement records or other identifying numbers or Protected Health Information, any financial
identifiers, and other information that may be exempt from disclosure to the public or other
unauthorized persons under either chapter 42.56 RCW or other state and federal statutes.
"Subcontractor' means one not in the employment of a party to this MOU, who is performing all or part of
those services under this contract under a separate contract with a party to this MOU. The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
"Vendor'' means a company that provides an ALPR system to the Recipient as described in Section 10
below.

PERIOD OF PERFORMANCE
The period of performance of this MOU commences on the date it is fully executed by both parties and
expires at the end of three years from the date executed.

5.

DECRIPTION AND DELIVERY OF DATA
6.
The description of the data to be provided and the format for the delivery is set out in Attachment A, Data
Elements and Handling Instructions.
GRANT OF ACCESS
7.
Subject to the terms and conditions of this MOU, WSP hereby grants Recipient with the right of access
and use of the data described in Attachment A, Data Elements and Handling Instructions.
8. AGENCY DATA STEWARDS
The below-listed agency employees are designated as Agency Data Stewards, who are responsible for
downloading the Data extract from the SFTP Site, uploading into the ALPR System, and safeguarding
the Data to ensure that no unauthorized access to the data occurs.
Data Steward Primary
Name: Mitchell Coates
Telephone:
Email: [email protected]

Data Steward Secondary
Name: Melissa Hedrick
Telephone:
Email: [email protected]

AUTHORIZED ACCESS TO DATA
9.
Access to the data is limited to Recipient agency staff who are specifically authorized access the data for
the purposes described herein. In accordance with the terms contained herein and prior to making the data
available, the Recipient shall notify all staff with access to the data of the use and disclosure requirements.
10. PERMISSABLE USE OF DATA
Except as otherwise required by law, the data provided by WSP shall be used and accessed only for the
limited purposes of carrying out activities pursuant to this MOU as described herein. The data shall not
be duplicated or re-disclosed without the prior written authority of WSP, except as required by a state
agency in accordance with other state statutes. Each party shall not use the data provided for any
purpose not specifically authorized under this MOU.
The Recipient is authorized to receive this data under RCW 39.34.080 and RCW 10.97.050(6) and use it to
conduct license plate screening from mobile and fixed sites. Recipient's vendors provide software and
screening devices that have the capability of scanning license plates and searching a local database loaded
into a patrol vehicle computer or other locations controlled by the agency (ALPR systems). WSP will provide
current information as described in Attachment A for comparison to scanned license plates.

11. AGENCY CERTIFICATION REGARDING VENDOR ACCESS
Recipient certifies that its vendors providing license plate screening technology will not in the future and
currently do not have access to FBI or WACIC data provided to the Recipient by WSP.

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12. RIGHTS IN DATA
WSP shall be the copyright owner, for all purposes under Title 17 U.S.C., of all data which originates from
this MOU. Data shall include, but not be limited to reports, documents, pamphlets, advertisements, books,
magazines, surveys, studies, computer programs, films, tapes, or sound reproductions. Ownership includes
the right to use, copyright, patent, register, and transfer these rights.
13. FUNDING
This is a non-financial contract and neither party is obligated to make payment to the other party for any
matters herein (or describe payment required).
14. RECORDS MAINTENANCE AND INSPECTION
The parties to this MOU shall each maintain books, records, documents, and other evidence which
sufficiently and properly reflects all direct and indirect delivery, receipt, safeguarding, and uses of the Data
shared under this MOU. These records shall be subject to inspection, review, or audit by personnel of each
party, other personnel authorized by either party, the Office of the State Auditor, and federal officials
authorized by law. Each party shall retain all books, records, documents, and other material relevant to this
MOU in accordance with the state retention schedules applicable to their agency. The Office of the State
Auditor, federal auditors, and any persons authorized by either party shall have full access and the right to
examine any of these materials during this period.
15. REGISTRATION WITH ATTORNEY GENERAL
In accordance with Engrossed Substitute Senate Bill 6002, which can be found at
https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/Senate%20Passed%20Legislature/6002S.PL. pdf?g=20260316112443, and as codified in the Revised Code of the state of Washington, any agency
that intends to use or currently uses an ALPR reader system must comply with the requirement to register
it with the Attorney General's Office.
16. CONFIDENTIALITY
Recipient shall hold Confidential Information, as defined herein, in strictest confidence and shall manage
Confidential information as follows: release it only to authorized employees requiring such information
for the purposes of carrying out the provisions of this MOU; not to release, divulge, publish, transfer, sell,
disclose or otherwise make known any data received for this purpose to any other party without WSP's
express written consent or as provided by law. Further, the Recipient's use and dissemination of FBI or
WACIC data provided by WSP under this MOU is governed by agreement with WSP regarding access
to, use of, and subsequent dissemination of FBI data and other information obtained through ACCESS,
if any.
Recipient acknowledges and agrees that it has a continuing obligation to comply with all federal and
state laws, regulations, and security standards as enacted or revised over time, regarding Data Security,
electronic data interchange, and restricted Permissible Uses of such information. As agencies of the
state of Washington, these standards must minimally meet all regulations set forth by the Office of the
Chief Information Officer (OCIO) under OCIO polity 141.10.

17. SAFEGUARDING OF CONFIDENTIAL INFORMATION
Each Party shall protect and safeguard all Confidential Information provided under this MOU against all
unauthorized disclosure, use, or loss as set forth in Attachment B - Data Security Requirements.
Because each party is regulated by OCIO standards for the safeguarding of Confidential Information,
each party must conform to its own standards in addition to the standards noted in Attachment B - Data
Security Requirements.
Each party shall notify the other party in writing within 24 hours upon becoming aware of any unauthorized
access, use, or disclosure of Confidential Data. Each party shall take necessary steps to mitigate all harmful
effects of such use or disclosure.

18. KEEP WASHINGTON WORKING I IMMIGRATION LAW
Under Washington law, the WSP and its personnel are generally prohibited from enforcing federal
immigration law. See RCW 10.93.160. Neither WSP nor any of its employees may contract in any way
to provide civil immigration enforcement assistance. The purpose of this addendum is to make clear

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that the parties interpret the attached agreement as consistent with the Washington law, including RCW
10.93.160, in that WSP and its personnel shall not engage in any acts proscribed by Washington law.
Consistent with RCW 10.93.160 and Washington Executive Order 17-01, the parties to this agree not to
use or share any information obtained from the WSP, its systems, or its personnel, with any third
parties to support or engage in civil immigration enforcement activities.

19. ADMINISTRATIVE RESPONSIBILITIES
As participants in this MOU, the parties will develop mutually and separately appropriate procedures for
transmission, dissemination, storage, and destruction of Confidential Information.
WSP Justice Information Division shall ensure Recipient complies with the Criminal Justice Information
Services (CJIS) Security Policy located at www.fbi.gov/about-us/cjis/cjis-security-policy-resource-center
The CJIS Security Policy provides Criminal Justice Agencies (CJA) and Noncriminal Justice Agencies
(NCJA) with a minimum set of security requirements for access to Federal Bureau of Investigation (FBI)
Criminal Justice Information Services (CJIS) Division systems and information and to protect and
safeguard Criminal Justice Information (CJI). This minimum standard of security requirements ensures
continuity of information protection. The essential premise of the CJIS Security Policy is to provide the
appropriate controls to protect CJI, from creation through dissemination; whether at rest or in transit.
WSP will conduct audits of all agencies working under this MOU to ensure compliance with all state
and federal standards. The Recipient shall review CJIS Security Policy at least yearly and adhere to
the most recently revised version.
WSP will conduct compliance audits and Recipient is also subject to FBI audits.

20.

SECURITY RESPONSIBILITIES OF RECIPIENT

A. Technical Roles and Responsibilities
Recipient must comply with and enforce system security as required by the CJIS Security Policy and must
have someone designated as the IT point of contact (POC).
Recipient is responsible for enforcing system security standards for their agency, in addition to all the other
agencies to which the Recipient provides CJI information. Authorized users shall access and disseminate
the CJI data only for the purpose for which they are authorized. Recipient shall have a written policy for the
discipline of policy violators.

B. Technical Security Training
All Information Technology (IT) employees who have access to and those who have direct responsibility to
ensure the confidentiality, integrity, and availability, of CJI and the implementation of technology in a manner
compliant with the CJIS Security Policy must review the security role of security awareness training within
CJIS Online prior to accessing CJI. This requirement will be verified during the triennial audit.
C. Physical Security
A physically secure location is a facility or an area, a room, or a group of rooms within a facility with both the
physical and personnel security controls sufficient to protect the CJI and associated information systems.
The perimeter of the physically secure location shall be prominently posted and separated from non-secure
locations by physical controls. Security perimeters shall be defined, controlled, and secured. Restricted
non-public areas in the agency shall be identified with a sign at the entrance.
D. Personnel Security
To verify identification, state of residency and national fingerprint-based record checks shall be conducted
prior to accessing CJI for all personnel who have unescorted access to CJI and those who have direct
responsibility to configure and maintain computer systems and networks with access to CJI. All requests for
system access shall be made as specified by the CJIS Systems Officer in the WSP Justice Information
Division.
21. AUDIT
Both parties are obligated to maintain current standing with all OCIO audit requirements. Additionally, WSP
reserves the right to monitor, audit, or investigate the use of Confidential Information collected, used, or
acquired by Recipient through this MOU.

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31.

30.3

Default. Notwithstanding any provision to the contrary, Agency may suspend Recipient,
including any subcontractor, upon notice of a failure to participate and cooperate with any state
agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW
49.60.530(3). Any such suspension will remain in place until Agency receives notification that
Recipient, including any subcontractor, is cooperating with the investigating state agency. In
the event Recipient, or subcontractor, is determined to have engaged in discrimination
identified at RCW 49.60.530(3), Agency may terminate this Contract in whole or in part, and
Recipient, subcontractor, or both, may be referred for debarment as provided in RCW
39.26.200. Recipient or subcontractor may be given a reasonable time in which to cure this
noncompliance, including implementing conditions consistent with any court-ordered injunctive
relief or settlement agreement.

30.4

Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract
termination or suspension for engaging in discrimination, Recipient, subcontractor, or both,
shall be liable for contract damages as authorized by law including, but not limited to, any cost
difference between the original contract and the replacement or cover contract and all
administrative costs directly related to the replacement contract, which damages are distinct
from any penalties imposed under Chapter 49.60, RCW. Agency shall have the right to deduct
from any monies due to Recipient or subcontractor, or that thereafter become due, an amount
for damages Recipient or subcontractor will owe Agency for default under this provision.

GOVERNOR'S DIRECTIVE 22-12 Dated June 30, 2022

Prohibiting cooperation or assistance with out-of-state abortion and other reproductive health care
investigations, prosecutions, or other legal actions

Pursuant to the provisions of RCW 9.02.110, RCW 9.02.120, and the Governor's Directive 22-12 dated
June 30, 2022, the WSP is generally prohibited from cooperating with or providing assistance to out-ofstate abortion and other reproductive health care investigations, prosecutions, or other legal actions.
Neither WSP nor any of its employees or subdivisions may contract in any way to provide civil or
criminal cooperation or assistance with abortion and other reproductive health care investigations,
prosecutions or other legal actions, including through agreements for task force participation, mutual
aid, data sharing, communications dispatch, or any other agreement that shares resources and/or
provides data as described herein. WSP shall not use or share WSP resources and/or data, including
any individuals' personal information ascertained by the WSP or its personnel, with any third parties to
support or engage in abortion or other reproductive health care investigations, prosecutions, or other
legal actions.
Therefore, to comply with Governor's directive 22-12 and applicable statutes, the Recipient shall not
use or share WSP resources and/or data, including any individuals' personal information ascertained by
the WSP or its personnel, with any third parties or to support or engage abortion or other reproductive
health care investigations, prosecutions, or other legal actions.
The prohibition on information sharing includes place of birth, present location, release date from
detention, if applicable, reproductive health care history, and family members' names, absent a court
order, judicial warrant, except as may be required by the Public Records Act (PRA), chapter 42.56
RCW. Incidents of disclosure of such personal information shall be considered a breach of this
agreement and shall be reported to a designated WSP official.

32. GOVERNANCE
This MOU is entered into pursuant to and under the authority granted by the laws of the state of Washington,
and any applicable federal laws and WSP policy. The provisions of this MOU shall be construed to conform
to those laws and policies.
In the event of an inconsistency in the terms of this MOU, or between its terms and any applicable statute,
rule, or policy, the inconsistency shall be resolved by giving precedence in the following order:
1. Applicable state and federal statutes, including OCIO policy 141 .10 and rules and WSP policy.
2. Terms and Conditions of this Contract
3. Attachment A- Data Description and Delivery
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22. HOLD HARMLESS
To the extent permitted by law, each party agrees to defend, protect, and hold harmless the other party for
any damages related to the unauthorized use or disclosure of confidential Data, which may have been
caused by, or occurred through, that party or any of its officers, directors, employees, subcontractors, or
agents. Each Party shall be responsible for the acts, errors, and omissions of itself and its own officers,
employees, and agents acting within the scope of their authority and within the scope of the performance of
the agreement.

23. DA TA DISPOSITION
Upon expiration or termination of this MOU, Recipient shall certify the return or destruction of all data sets
as described herein Certification of Data Disposition, Attachment C and/or according to OCIO standards,
whichever is applicable.

24. INDEPENDENT CAPACITY
Each party is its own independent entity and under no circumstances will the employees and agents of one
party be deemed as employees or agents of the other.
25. AGREEMENT AL TERA TIONS AND AMENDMENTS
This MOU may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind that party.
26. TERMINATION
Either party may terminate this MOU upon 30 days' prior written notification to the other party. If this MOU
is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance
with the terms of this MOU before the effective date of termination.
27. TERMINATION FOR CAUSE
If for any cause, Recipient does not fulfill in a timely and proper manner its obligations under this MOU, or if
Recipient violates any of these terms and conditions, the WSP will give the Recipient written notice of such
failure or violation. The Recipient will be given the opportunity to correct the violation or failure within 15
working days. If failure or violation is not corrected, this MOU may be terminated immediately by written
notice of the WSP to the Recipient.
28. LIABILITY
The parties acknowledge that each party is liable for the negligent or wrongful acts or omissions of its agents
and employees while acting within the scope of their employment as permitted by applicable law, including,
but not limited to, the Federal Tort Claims Act, 28 U.S.C. Section 1346(b), 2401-2416.
29. DISPUTES
If a dispute arises under this MOU, that cannot be resolved informally between the parties, it shall be
determined by a Dispute Board in the following manner: Each party to this MOU shall appoint one member
to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute
Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and
make a determination of the dispute. The determination of the Dispute Board shall be final and binding on
the parties hereto. As an alternative to this process, either party may request intervention by the Governor,
as provided by RCW 43.17.330, in which event the Governor's process will control.
30

ANTIDISCRIMINA TION SB 5186
Nondiscrimination Requirement. During the term of this Contract, Recipient, including any
30.1
subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In
addition, Recipient, including any subcontractor, shall give written notice of this
nondiscrimination requirement to any labor organizations with which Recipient, or
subcontractor, has a collective bargaining or other agreement.
30.2

Obligation to Cooperate. Recipient, including any subcontractor, shall cooperate and comply
with any Washington state agency investigation regarding any allegation that Recipient,
including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant
to RCW 49.60.530(3),

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notice. The Recipient will indemnify, defend, and hold harmless the WSP for release of documents related
to this contract as required by law. Nothing contained in this section or any other portion of this agreement
affects or modifies the WSP's obligation to disclose public records under Chapter 42.56 RCW or other
applicable law.
If the Recipient receives a public records request under Chapter 42.56 RCW for any records containing Data
subject to this Agreement, Recipient agrees to notify the WSP RMD Public Records Officer within five (5)
business days and to follow the procedure set out in this section before disclosing any records. The WSP
Public Records Officer can be contacted at [email protected].
The Recipient must provide a copy of the records with proposed redactions to WSP when they are available
and ready. WSP will respond within ten (10) business days of receipt of the redacted records to identify
concerns with disclosure of the records, propose any changes to the Recipient's redactions, or request more
time if needed. If the Recipient disagrees with any of WSP's concerns or proposed changes, the Recipient
must notify WSP of that disagreement and provide WSP with a minimum of fifteen (15) business days to
obtain a restraining order or injunction under RCW 42.56.540 before disclosing any records.

CONTRACT MANAGEMENT

41.

The Liaison Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this MOU.

Liaison Representative for
WEST RICHLAND POLICE DEPARTMENT:
James Fry Jr., Chief
7920 W Van Giesen St
West Richland WA
[email protected]

42.

The Contract Manager for
WASHINGTON STATE PATROL:
Mr. Wes Vradenburg, Assistant Division
Commander
Justice Information Division
PO Box 42619
Olympia, WA 98504-2619
Phone: (360) 534-2103
Email: wesleJ'..Vradenburg<@ws~.wa.gov

ALL WRITINGS CONTAINED HEREIN

This MOU contains all the terms and conditions agreed upon by the Parties. No other understandings,
oral or otherwise, regarding the subject matter of this MOU shall be deemed to exist or bind any of the
parties hereto.
The parties signing below warrant that they have read and understand this MOU and have the authority
to enter into this MOU on behalf of their respective agencies.

WEST RICHLAND POLICE DEPARTMENT

WASHINGTON STATE PATROL

Signature

For: John R. Batiste, Chief

Printed Name
Date

WSP License Plate Scanner Agreement AAG approved 9-21-17

Date

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4. Attachment B- Data Security Requirements,
5. Any other provisions of the agreement, including materials incorporated by reference.
33. ASSIGNMENT
The work to be provided under this MOU, and any claim arising thereunder, is not assignable or delegable
by either party in whole or in part, without the express prior written consent of the other party. Consent shall
not be unreasonably withheld.

34. WAIVER
A failure by either party to exercise its rights under this MOU shall not preclude that party from subsequent
exercise of such rights and shall not constitute a waiver of any other rights under this MOU unless stated to
be such in a writing signed by an authorized representative of the party and attached to the original MOU.
35. RIGHTS OF INSPECTION
Each party shall provide right of access to the other party, its officers, or any other authorized agent or
official of the state or federal government at all reasonable times, in order to monitor and evaluate the
following: Performance, compliance, or quality assurance of internal policies and procedures, or records
relating to the safeguarding, use, and disclosure of Confidential Information obtained or used as a result
of this MOU. Each party shall make available information necessary for the other party to comply with a
client's right to access, amend, or receive an accounting of disclosures of their Confidential Information.
36. SUBCONTRACTING
Recipient may not subcontract any of the services provided by the Agency, specifically those described
in Section 8, or any other incidental law enforcement activities.
This clause does not include contracts of employment between Recipient and their personnel who have
been assigned to work under this MOU. Recipient is responsible for ensuring that all terms, conditions,
assurances, and certifications set forth in this MOU are carried forward to all such contracts of
employment.
Recipient remains responsible for any violation committed by all authorized users of the system.
37. SEVERABILITY
If any provision of this MOU or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this MOU which can be given effect without the invalid
provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of
this agreement, and to this end the provisions of this MOU are declared to be severable.

38. EFFECTIVE OF EXECUTION
This MOU is not intended, and should not be construed, to create any right or benefit, substantive or
procedural, enforceable at law or otherwise by any third party against the Parties, their parent agencies, the
United States, or the officers, employees, agents, or other associated personnel thereof.
39. ELECTRONIC S/GNA TURES
A signed copy of this document or any other ancillary document transmitted by facsimile, email, or other
means of electronic transmission shall be deemed to have the same legal effect as delivery of an original
executed copy of this document or such ancillary document for all purposes. Approved signatures shall
include wet-ink scanned signatures, or certified electronic signatures. Uncertified electronic signatures are
not considered valid signatures and shall not be accepted by the WSP.

40. PUBLIC DISCLOSURE
The Recipient acknowledges that WSP is subject to Chapter 42.56 RCW and that this contract shall be a
public record as defined in the Public Records Act. Any specific information claimed by the Recipient to be
proprietary information must be clearly identified as such by the Recipient. To the extent consistent with
Chapter 42.56 RCW, the WSP shall maintain the confidentiality of all such information marked as proprietary
information. If a public records request is received pursuant to Chapter 42.56 RCW for documents related
to this agreement, the WSP will give the Recipient ten days' written notice at the Recipient's last known
address before releasing any documents the Recipient has marked as proprietary information. It is the
Recipient's responsibility to take legal action to obtain an injunction prior to the expiration of the ten days'

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WSP Contract No. 1<23138
Attachment A
Data Description and Delivery

•

Recipient shall furnish the necessary personnel, equipment, material, or services and otherwise do all
things necessary for or incidental to the delivery and safekeeping of data as set forth in this
attachment and as set forth in Attachment B.

DESCRIPTION OF DATA
The WSP transmits to the Recipient information from the following files:

State WACIC File:
Vehicle file
License Plate File
Vehicle Information from the Wanted Person Files
License Plate numbers and vehicle data associated with missing and endangered persons

FBI Data (if available):
FBI NCIC Missing Person File

DATA CLASSIFICATION
Data described in this MOU is assessed to be in the following data (confidentiality) classification:

[gJ CONFIDENTIAL
A data classification for data that, due to its sensitive or private nature, requires limited and
authorized access. Its unauthorized access could adversely impact the agency legally,
financially or damage its public integrity.

METHOD OF DATA ACCESS
The data shall be provided by the WSP Information Technology Division by Secure File Transfer.

FREQUENCY OF DATA EXCHANGE

(gJ WSP shall refresh the data files provided to the Recipient in a mutually agreed upon process
and at agreed upon intervals. WSP shall notify the Recipient if files will not be available due to
unforeseen circumstances.

WSP SECURE FTP PROBLEM NOTIFICATION PROCEDURES
When a problem with acquiring data occurs with the WSP SFTP Server, the Recipient will call WSP ITD
Customer Service at (360) 705-5999 or send an email to [email protected] explaining the issue and
have a work order opened. The Recipient will include identifying information about Recipient staff that
identified the problem in the explanation with the e-mail address and phone number(s).
The WSP Information Technology Division (ITD) Customer Services group will escalate the work order to
the appropriate ITD group.
That group will notify the Recipient that the issue is being worked on or has been completed.
If there is no contact within four business hours, the Recipient should make a follow-up contact.
The ITD Customer Services group working on the problem may call or send e-mail to the Recipient to
determine problem particulars or to request testing. The Recipient will only call or e-mail that person or
group in the context of an existing, open problem, and not for new problems.
Once the Recipient is satisfied with the results, the work order will be closed. Another work order should
be opened for any new problem with receiving data from the WSP SFTP Server. The prior work order
can be cited by the Recipient in any subsequent work orders if it seems relevant.

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WSP Contract No. K.23138
Attachment A
Data Description and Delivery

SECURITY OF DA TA
Each party shall take due care to protect the shared data from unauthorized physical and electronic
access, as described in this MOU, to ensure the parties are in compliance with all appropriate federal
laws, Criminal Justice Information Services (CJIS) Security Policy as appropriate, and applicable
provisions of the OCIO security standards.
The handling requirements and protective measures for CJI while it is in motion and at rest are as
follows:
1. GENERAL ACCESS: Access is based on criminal justice business need-to-know.

2. TRANSMISSION OF DATA:
A) Electronic file transfer- Secure file transfer (encrypted) required
C) Transmission by facsimile to a facility that is not secure is prohibited
D) Electronic Mail - Encrypted files/data attached to email required
E) Portable Storage Media, e.g., CDs, DVDs, USB flash drives, tapes, etc. - Encryption Required
3. PRINT and COPYING: Only with pre-authorized approval by the WSP Contract Manager.

4. MEDIA DISPOSAL:
A) Printed materials (reports and documents): Destruction is required (recycling is prohibited).
Shredding or use of certified, marked and locked bins for shredding is appropriate.
B) Removable magnetic or optical storage media (tape, diskettes, CDs): Media must be
destroyed or deposited in certified bins specifically designated for magnetic media or "cleaned"
using a U.S. Department of Defense-standard data cleaning program and then may be reused.
Note: Inoperable electronic media must be destroyed. For example, failed hard disks are not
returned to the manufacturer, but are destroyed.
5. PHYSICAL SECURITY OF DATA: Access to areas containing the data must be physically
restricted. Data must be locked when left unattended.
6. ELECTRONIC DATA AT REST: If there is a need for data to be stored on a PC, the Recipient
must ensure unauthorized access cannot take place, including but not limited to password
protection when PC is left unattended. Stored data covered by this MOU must be encrypted.
7. DATA RECOVERY: Loss of the data or equipment - Legal notification to WSP's contract
manager is required.
8. DA TA DISPOSITION: Recipient shall:
A) Delete data for which it has no need immediately upon receipt.
B) Record updates are accomplished by record replacement. The Recipient may need to
compare a new data file with former files provided by WSP to determine any changes.
C) If a record is present within the Recipient's application and not present in the transferred file
from WSP, the record has been removed for operational reasons by local law enforcement.
Reasons for such removal include cancellation of the subject place, or the vehicle has been
located.
D) The Recipient will not retain any data file provided by WSP longer than 30 calendar days.
9. SYSTEMS MANAGEMENT: Recipient shall ensure all systems, including portable systems, are
maintained with all best security practices equal to WSP's including but not limited to:
• Install and maintain commercially available antivirus program
• Maintain current levels of security patches on operating systems
• Utilize firewalls
• Implement a Multifactor Authentication (MFA) solution prior to accessing CJI
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WSP Contract No. K23138
Attachment A
Data Description and Delivery

•
•
•
•
•

Utilize FIPS 140-2 (through September 30, 2026) or FIPS 140-3 (effective October 1,
2026) certified encryption software with proper configurations
Maintain physically secure areas for information systems
Monitor event audit logs
Utilize an established incident response plan
Report security incidents involving WSP data to the WSP ACCESS Section

10. TERMINATION OF ACCESS: WSP reserves the right at its discretion to disqualify an individual
authorized by the other party from gaining access to data. Notice of termination of access will be
by written notice and become effective upon receipt by the other party. Termination of access of
one Recipient by WSP does not affect other Recipients authorized under this MOU.

-----

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WEST RICHLAND AGENDA ACTION ITEMS
AGENDA ITEM:

7c

TYPE OF ACTION:

MEETING DATE:

November 3, 2026

Execute Contract

SUBJECT:

RES73
__ - 26 Setting public hearing date to

STRATEGIC FOCUS
AREA

consider the proposed establishment of a
Transportation Benefit District
SFA 3 - Financial and Operational
Effectiveness, Stability and Accountability

Prepared by:

Erin Gwinn, Finance Director

Reviewed by:

Fred Brink,

Pass Resolution

Consent Agenda
X

X

Public Hearing

Pass Ordinance

1st Discussion

Pass Motion

2nd Discussion

Other

Mayo✓

73-26 setting November 17, 2026 as the date for a public hearing on
SUGGESTED MOTION: I move to pass resolution_
the proposed establishment of a Transportation Benefit District.

ATTACHMENTS;

•

Copy of RES73
__ -26 setting public hearing date.

BACKGROUND INFORMATION: As part of the 2027 /2028 Proposed Budget, the City is considering the formation of a
Transportation Benefit District. The City Council is required to hold a public hearing to consider the establishment of a
district. The enclosed resolution establishes the November 17, 2026, City Council meeting as the public hearing date.
RECOMMENDATION: Staff recommends that City Council pass a resolution setting the date of a public hearing to
consider the establishment of a Transportation Benefit District for November 17, 2026.

FISCAL IMPACT (Indicate amount fund. and imRact on budget~ There is no fiscal impact.

Page 22 of 80

CITY OF WEST RICHLAND
RESOLUTION NO. __-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST RICHLAND,
WASHINGTON, SETTING A PUBLIC HEARING REGARDING THE PROPOSED
ESTABLISHMENT OF A TRANSPORTATION BENEFIT DISTRICT
WHEREAS, Chapter 36.73 RCW authorizes cities to establish transportation benefit
districts to acquire, construct, improve, provide, and fund transportation improvements within a
district; and
WHEREAS, RCW 35.21.225 authorizes the City to establish a Transportation Benefit
District subject to Chapter 36.73 RCW; and
WHEREAS, the City Council is considering establishing a Transportation Benefit District
with boundaries coterminous with the corporate boundaries of the City of West Richland, as those
boundaries now exist or may be modified by future annexations; and
WHEREAS, the proposed district would fund transportation improvements within the City
that are consistent with existing state, regional, and local transportation plans and are
necessitated by existing or reasonably foreseeable congestion levels, including the preservation,
maintenance, operation, construction, and improvement of City streets and related transportation
facilities; and
WHEREAS, RCW 36.73.050 requires a public hearing before a district is established and
requires notice of the hearing to be published at least once, not less than ten days before the
hearing, in a newspaper of general circulation within the proposed district; and
WHEREAS, the City Council desires to receive public testimony and objections regarding
the proposed establishment of the district, its boundaries, and the transportation functions and
improvements it may provide or fund.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST RICHLAND,
WASHINGTON, RESOLVES AS FOLLOWS:
Section 1. Public hearing set. A public hearing is set for November 17, 2026, at 6:00 p.m., or
as soon thereafter as the matter may be heard, in the City Council Chambers at the
Municipal Services Facility, 3100 Belmont Boulevard, West Richland, Washington, to
receive public comment on the proposed establishment of a Transportation Benefit
District. The hearing will be open to the public. All persons interested may appear and
be heard, and the City Council will hear objections from persons affected by the
proposed formation.
Section 2. Proposed boundaries and functions. The proposed Transportation Benefit District
boundaries are coterminous with the corporate boundaries of the City of West
Richland, as those boundaries now exist or may be modified by future annexations.
The proposed functions and improvements to be provided or funded are
transportation improvements within those boundaries that are consistent with existing
state, regional, and local transportation plans and necessitated by existing or
reasonably foreseeable congestion levels. These improvements may include
preserving, maintaining, operating, constructing, and improving City streets and
related transportation facilities.
Section 3. Notice. The City Clerk is directed to publish notice of the hearing at least once in a
newspaper of general circulation within the proposed TBD, not less than ten days

Page 23 of 80

before the hearing. The notice shall state the time and place of the hearing, describe
the proposed district boundaries and functions or improvements, and advise that
interested persons may appear and be heard.
Section 4. Further action. This resolution sets a public hearing and does not itself establish the
TBD. Following the hearing, the City Council may determine whether establishment
of the TBD is in the public interest and may consider an ordinance establishing the
district, as provided in RCW 36.73.050.
Section 5. Effective date. This resolution takes effect upon adoption.
PASSED by the City Council of the City of West Richland, Washington, this 3rd day of
November 2026.
_____________________
Fred Brink, Mayor

ATTEST:
________________________
Stephanie Haug, City Clerk

APPROVED AS TO FORM:
________________________
Jessica Foltz, City Attorney

Page 24 of 80

WEST RICHLAND AGENDA ACTION ITEMS
AGENDA ITEM:

7d

TYPE OF ACTION:

MEETING DATE:

November 3, 2026

Execute Contract

SUBJECT:

Motion awarding S. Highland Blvd. and
Keene Road Modification Project

Pass Resolution

Public Hearing

Pass Ordinance

1st Discussion

STRATEGIC FOCUS
AREA

SFA 2 -HIGH QUALITY AND COST-EFFECTIVE
INFRASTRUCTURE
Goal 1 - Construct planned infrastructure
essential for a growing community.

Prepared by:

Roscoe C. Slade Ill, PW Director ~

Reviewed by:

Fred Brink, Mayor

Pass Motion

X

X

Consent Agenda

X

2nd Discussion

Other

SUGGESTED MOTION:
I move to award the S. Highlands and Keene Road Intersection Modification Project to Ellison Earthworks in the
amount of $690,761.03 and authorize the Mayor to execute the contract. The Council also hereby waives the
contract authority limits of RES 45-26 from $20K for the PWD increasing it to $100K (single signature authority) and
increasing it from $60,000 for the Mayor to $350k (requires dual authorization from Finance Director) for change
orders specifically for the project necessary to effectuate successful completion of the project in an amount not to
exceed that set forth in the approved budget.
ATTACHMENTS:
•

Project bid tabs

BACKGROUND INFORMATION:
In June 2024, the State Transportation Improvement Board (TIB) announced a call for projects for their Arterial
Preservation Program (APP) and Urban Arterial Program (UAP). To be eligible, projects need to be on federally classified
roadways and for APP the City's assessed value must be less than $3 billion. The programs are highly competitive given
the limited funding available for award.
On July 16, 2024, City Council authorized staff to submit a grant application for Tl B's APP Grant Program and two
applications for TIB's UAP Grant Program. The TIB APP grant application would be to complete a mill and fill project on
Keene Road between Richland City Limits and Bombing Range Road. One TIB UAP grant applications would install a
traffic signal at the intersection of Keene Road and S. Highlands Blvd and the other TIB UAP grant application would
install a traffic signal at the intersection of Bombing Range Road and Kennedy Road.
The city was notified on November 22, 2024, that the Keene Road Overlay Project was awarded a $400,000 TIB APP Grant
and the S. Highlands Blvd and Keene Road Intersection Improvement Project was awarded a $782,000 TIB UAP Grant
On December 17, 2024, City Council authorized the mayor to execute Transportation Improvement Board Fuel Tax
Distribution Grant Agreements for both the Keene Road Overlay Project and Keene Road and S. Highlands Blvd.
Intersection Modification Project.

SUMMARY:
The bid opening for the S. Highlands Blvd. and Keene Road Intersection Modification Project was on October 20, 2026.
th
The city received five bids ranging from $690,761.03 to $2,110,842.00 (note 5 bidder had math error in total price vs unit
price and unit price is the controlling factor with math error resulting in their bid being revised and increased by
$1,267,200). The difference between the low bidder and 2nd low bidder was only $32,269.97 or 4.5%. The apparent low
bidder was Ellison Earthwork. The engineer's estimate was $813,940.50.
The project's scope includes excavation and embankment compaction, crushed surfacing base and top course, HMA Cl.
Page 25 of 80

1/2-inch paving, traffic signal system, removal of asphalt pavement, concrete sidewalk, and concrete curb and gutter,
construction of concrete sidewalks and concrete curb ramps, illumination system, storm drainage improvements,
landscape restoration, pavement markings, permanent signing, including removal and resetting of permanent signs,
and all other work necessary to complete the project in accordance with the contract plans, contract special provisions,
technical specifications, and standard specifications.
Resolution 45-26, passed on August 4, 2026, limits the Public Works Director's contract authority to $20,000 (single
signature authority and the Mayor's contract authority to $60,000 (dual authorization from Finance Director). The
concern was that limiting the Public Works Director and Mayor's authority to issue potential change orders on large
public works projects could result in unnecessary project delays and increased costs due to having to wait up to three
weeks until the next City Council meeting to have a change order approved. To mitigate this concern, the City Attorney
drafted language that would increase the Public Works Director's authority to issue change orders up to $100,000
(single signature authority) and increase the Mayor's authority to issue change orders up to $350,000 (dual
authorization from Finance Director) for specific public works projects in an amount not to exceed that set forth in the
approved budget The proposed language would need to be added to the motion when each project is awarded. The
proposed language was reviewed and recommended by the Mayor and Finance Director.
On October 12, 2026, the Council Utility and Street Subcommittee (Smart, Stoker, and Richey) reviewed and discussed
the proposed language that would waive the requirements of Resolution 45-26 and increase the Public Works Director
and Mayor's authority to issue change orders on specific Public Works Projects. The Council Utility and Street
Subcommittee unanimously recommended the proposed language to be used for each large public works project.
RECOMMENDATION:

Staff recommend that the City Council award the S. Highlands and Keene Road Intersection Modification Project to
Ellison Earthwork in the amount of $690,761.03 and authorize the Mayor to execute the contract Staff and Council
Utility and Street Subcommittee (Smart, Stoker, and Richey) also recommends Council waive the contract authority
limits of RES 45-26 from $20K for the PWD increasing it to $100K (single signature authority) and increasing it from
$60,000 for the Mayor to $350k (requires dual authorization from Finance Director) for change orders specifically for
the project necessary to effectuate successful completion of the project in an amount not to exceed that set forth in
the approved budget
FISCAL IMPACT (Indicate amount fund, and impact on budpth
Up to 4690,761.03 in expenditures from the 355 Fund - Keene Road & S. Highlands Blvd. Intersection Modification Project

Revenue total of $872,197 ($734,197 TIB UAP Grant+ $138,000 301 REET I Fund). Note that TIB reduced the grant award by
$47,803 because the low bid for the project was 15% less or $123,179.47 under the engineer's estimate of $813,940.50.

Page 26 of 80

S HIGHLANDS BLVD AND KEENE RD INTERSECTION IMPROVEMENTS PREJECT
TIB PROJECT NUMBER 8-4-172(010)-1
APPARENT LOW BIDDER

ENGINEERS ESTIMATE
ITEM NO.

1
2
3
4
5
8

7
8
9
10
11
12
13
14
15
18
17
18
19
20
21
22

23
24
25
26
27
28
28
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47

DESCRIPTION
MobiUzation
Roadwey Survevlna
Proiect TernnN'arv Traffic Control
Record Orawlnoa nvt nlm.1m Btd $500}
Erosion Control end Water Pollution Pn,vention
SPCC Plan
/>DA Feet\.<es Su1V8Yllll
RemovtM cement Cone. Sidewalk
RerT'IO\lina Concrete Traftic Curb ana Gutter
Reroovl nt1 Asm alt Cone. Pavement
Roadwav Excavation Incl. Haul
Embankment Comn11ction
Crushed Surfecint1 Ton Course
Crushed Surfacinc Base Course
HMA Cl. 318 In. or Cl. 1/2 IN. PG 64H-28
Job Mix Com Uance Price Admtment
Cornnacfion Price Adlustment
AsP11alt Pavement Restoration <2 lnchl
Aenhalt Pavement Restoration 14 lnchl
Soll Residual Herbicide
Solid Wall PVC Storm Sewer Pi ne 10 In. Diam.
Catch Basin TYDO 1
90
ree OH/Water ~
retor Bends
S1anderd Storm Drain Menho'8 48 in. Diam.
Percolation Trench
Check Dem
Slooe Protedlon Rock
Mutchlnn Initial Aoollcation
Seedloo. FertiHzi na. and Mulchirc
Landscaoe Restoration
Cement Cone.Traffic Curb and Gutter
Cemert Cone. Sidewalk
Sidewalk HMA Rann
Cement Cone. Curb Ramo T'-'DB Peroendlcular
Traffic S1anal Svstem
llluminetlon Sw tem
Prtvete utlU ty Trench Excavation and Backfill
Permanent Slonioo
Plastic Sto a Line
Paint Line
Plastic Wide Line
Plastic Treffic Arrow
Plastic Crosswalk Uno
Removlno Plasllc Crosswalk Uno
Removln<i Plastic Line
Removhv, Plastic Traffic Mark!nl'J
RemovlM Paint l ne
M

EST.QTY

1
1
1
1
1
1
1
45
108
685
460
7
102
147
188
1
1
52
50
751
14
1
1
1
47
3
237
450
450
1
224
181
3
8
1
1
160
1
119
323

50
3
592
100
24
2
214

UNIT
LS
LS
LS
LS
LS
LS
LS
SY
LF
SY
CY
CY
CY
CY
TONS
CALC
CALC
SY
SY
SY
LF

EA
EA
EA
LF
EA
SY
SY
SY
LS
LF
SY

EA
EA
LS
LS
LF
LS
LF
LF
LF

EA
SF
SF

LF

EA
LF

UNIT PRICE

$73 995.00
$10 000.00
$40 000.00
$500.00
$2 500.00
$1,000.00
$3 200.00
$50.00
$45.00
$35.00
$35.00
$20.00
$120.00
$100.00
$160.00
-•1.00
-$1 .00
$85.00
$135.00
$4.25
$67.00
$2000.00
$500.00
$4000.00
$125.00
$300.00
S25.00
J7.00
$7,00
$3500.00
$25.00
$72.00
s1 500.00
$2 500.00
$400 000.00
550 000.00
$35.00
$17 500.00
$22.00
$1 .25
S5.50
$300.00
$12.00
$10.00
$50.00
$200.00
S35.00

TOTAL BASE BID SCHEDULE A

Page 1

TOTAL PRICE

$73 995.00
$10 000 .00
$40000.00
$500.00
$2500.00
$1000.00
$3200.00
$2250.00
$4,880.00
$23 975.00
$16100.00
$140.00
$12,240.00
$14 700.00
126 580.00
1$1.00l
1$1 .00\
$4.420.00
$6,750.00
$3 191 .75
$938.00
$2 000.00
$500.00
$4000.00
$5 875.00
$900.00
$5 925.00
$3150.00
$3 150.00
$3 500.00
$5 600.00
$13 032.00
$4 500.00
$20.000.00
$400 000.00
$50 000.00
$5 600.00
$17 500.00
$2 818.00
$403.75
$275.00
$900.00
$7104.00
$1 000.00

s,~ ...oo
$400.00
$7 490.00

$813,940.5D

2ND LOW BIDDER
ESF SOLUTIONS

ELUSON EARlHWORKS
UNITPRICE

$34.25621
~RQ:7 ,82
$20498.74
sel0.49
s 1809.99
$496.39
$992.78
$38.18
516.32
S17.28
>4!!,42
5153.59
$124.50
$98.52
$185.23
·•111Qi

,,.,..,,

$42.32
te2.47
$1.38
• 128.83
$1 745.28
$478.11
c"' "'-n1,33
$229.50
Meo.&4

$26.08
'3.42
59 .87
$7687.03
551.88
$9329
• 728.19
$1 548.51
M14782.64
$ 11457.98
$13.91
$2 313.44
$16.41
$2.76
$7.80
$471.66
$8.58
$2.67
$13.69
$128.42
$1 .06

TOTAL PRICE

$34,256.21
se.897.82
$20.498.74
$620.49
$1,888.99
$498.38
.78
$1782.20
51 782.58
$11 843.85
= >7320
11 075.13
$12699.00
114 482.44
530 748.18
<l' (lo)
1'1"(111)

ID 7DQ.64

$3,123.50
$1021.36
$1.819.02
$1 745.28
$478.11
$4 326.33
$10786.50
• 1 382.52
16.183.33
S1.539.00
$1 741.50
$7.687.03
$11621.12
$16 665.49
$2164.57
$12386.08
$414782.64
S1U57.98

$2,225.60
.., 313.44
$1 952.79
$891 .48
"385.00
$1.414.98
SS.067.52
$267.00
$328.58
$258.64
$226.84
$690,761.03

UNIT PRICE

$45,000.00

ss =.oo

$45.000.00
$500.00
$3500.00
$90.00
$1 2 00.00
$35.00
$18.00
$12.00
$20.00
lll00.00
$100.00
$80.00
$230.00

,noo1

1$1.00 ,
$105.00
$125.00
S1 .00
$112.00
S2 500.00
$720.00
$9 5D0.00
$190.00
5550.00
$25.00
$2.00
$3.00
$3200.00
$82.00
$100.00
$750.00
$2.200 ,00
$400 000.00
~12 000.00
$28.00
$3,000.00
$15.00
S5.00
S,.50
$150.00
S15.00
$8.00
$6.00
$28.00
$0.50

TOTAL PRICE

$45 000.00
$9,200.00
$45 000.00
$500.00
$3500.00
$90.00
$1200.00
$1 575.00
S1 944.00
$8,220.00
$9200.00
$2100.00
$10,200.00
$11 760.00
$38160.00
•$1.001
•J1.0lll
$5 460.00
$6,250.00
$751 .00
$ 1568.00
$2 ,500.00
$720.00
$8 500.00

$6,830.00
$1650.00
$5 ,925.00
$900.00
$1 350.00
$3 A•>.00
$18.368.00
$16100.00
., 250.00
$17 600.00
$400 000.00
$12 000.00
$4 460.00
$3 000.00
$1 765.00
$1 615.00
$225.00
$450.00
$8880.00
$600.00
S144.00
$58.00
$107.00
$723,031.00

Bldebetnict

Page 27 of 80

8 HIGHLANDS BLVD AND KEENE RD INTERSECTION IMPROVEMENTS PREJECT
TIB PROJECT NUMBER B-4-172(010)-1
ENGINEERS ESTIMATE
ITEM NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
28
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47

DESCRIPTION

Mobilization
Roadwev Survevum
Proiect Temoora,v Traffic Control
Record Orawioos (Mi nimum Bid ssom
Erosion Control end Weter Pollution Prevention
SPCC Plan
ADA Features SurvAVirvi
Removlno Cement Cone. Sldewalk
Removloa Concrete Traffic Curb end Gutter
Removlna Asi:lalt Cone. Pavement
Roadwav Excavation Incl. Haul
Embankment Comnactlon
Crushed Surfacl nn Too Course
Crushed Surfad oo Base Course
HMA Cl. 318 In. or Cl. 1/2 IN. PG 64H-28
Job Mix Comollance Price Acliustment
Comoactlon Price Ad lustmanl
AsDnl!lt Pavement Restoration (2 lnchl
AsDhalt Pavement Restoration (4 lncM
Soll Residual Herbicide
Solid Wall PVC Storm Sewer Pi ae 10 in. Diam.
Catch Basin I voe 1
90 Deoree Oil/Water Senarator Bends
Standard Storm Drain Manhole 48 in. Diam.
Percolation Trench
Check Dam
Sloi:,e Protection Rock
Mulchlno - Initial Ai:llllcatlon
Seedino. FertlUzino and Mulchlno
LandsceJ:18 Restoration
Cement Cone.Traffic Curb end Gutter
Cement Cone. Sidewalk
Sidewalk HMA Rarro
Cement Cone. Curb Ramo Tv:oe Pe rnendlcular
Traffic Sl anal Svstem
llluminatlon Sii'Stem
Private Utlutv Trench Excavatfon and Backfill
Permanent Siani na
Plastic Sto1:1 Line
Paint Line
Plastic Wide Line
Plastic Traffic ArraN
Plastic Crosswalk Une
RemovlM Plastic Crosswalk Une
Removlna Plastic Line
Removino Plastic Traffic Markinc
Removino Paint Hne

EST.QlY
1
1
1
1
1
1
1
45
108
685
460
7
102
147
166
1
1
52
50
751
14
1
1
1
47
3
237
450

450
1
224
181
3
8
1
1
160
1
119
323
50
3
592
100
24
2
214

UNIT
LS
LS
LS
LS
LS
LS
LS
SY
LF
SY
CY
CY

CY
CY
TONS
CALC
CALC
SY
SY

SY
LF

EA
EA
EA
LF

EA
SY
SY
SY
LS
LF
SY

EA
EA
LS
LS
LF
LS
LF
LF
LF

EA
SF
SF
LF

EA
LF

UNIT PRICE
$73 995,00
$10 000,00
$40 000.00
$500.00
$2 500.00
$1 .000.00
$3 200.00
$50.00
$45.00
$35.00
$35,00
$20.00
$120.00
5100.00
$160.00
-$1.00
-$1.00
$85.00
$135.00
$4.25
$67,00
$2 000.00
$500.00
$4 ODO.OD
$125.00
'300.00
$25.00
$7.00
$7.00
$3 500,00
$25.00
$72.00
51 500.00
$2,500.00
$400 000.00
<<n000.00
$35.00
517.500.00
$22.00
<1.25
$5.50
$300,00
$12.00
$10.00
$SO.DO
$200.00
$35.00

TOTAL BASE BID SCHEDULE A

Paga2

TOTAL PRICE
$73,995.00
$10 000.00
$40 DOD.DO
SS00.00
$2 500.00
$1,000.00
$3.200.00
$2 250.00
$4 860.00
$23 975.00
$16100.00
$140.00
$12.240.00
$14 700.00
$26 580.00
1$1,00l
1$1.00)
$4 420.00
$6 750.00
$3,191.75
$938.00
$2 000.00
$500.00
$4 ODO.OD
$5 875,00
$900.00
$5 925.00
$3150.00
$3 150.00
$3 500.00
$5 600.00
$13 032.00
$4 500.00
$20,000.00
$400 000.00
$50.000.00
$5 600.00
$17 500.00
$2618.00
~03.75
$275,00
$900.00
$7104.00
$1 000.00
$1 .200.00
$400.00
$7.490.00
$813,940.50

3RD LOW BIDDER
CULBERT CONSTRUCTION
UNIT PRICE
$49,891.38
$13 478.56
$41 846.13
$500.00
$5 551.49
$224.62
$989.65
S72.02
$30.32
$9.69
$38.58
$79.19
$109.52
$104.31
$147.23
1$1.00)
1$1,001
$115.04
5187.81
$2.20

$80.85
$2 332.51
s.cl7.44
$3.198.89
$221.47
$811.30
$24.39
11.54
'2.77
$12 700.89
$55.03
$126.06
$2 863.92
$1 813.05
$408 492.97
S10 106.62
$10.25
$2 380.16
$17.21
!Cl.OS
$9.82
$503,64
$8.72
$2.05
$11.06
$38.40
$0.77

TOTAL PRICE
$49 ,891.38
$13 478.58
$41 846.13
$500.00
$5 551.49
$224.62
$989.65
$3.240.90
$3.274.56
$6.774.65
$17 737.60
$554.33
$11 ,171.04
$15 333.57
$24 440.18
1$1.00)
{$1.00J
S5 982.08
S9 390.50
$1 ,652.20
$849.10
$2 332.51
'1437.44
$3 196.89
$10 409.09
$2 433.90
$5 780,43
$693.00
S1.246.50
$12.700.89
$12 326.72
$22 816.86
$8 591.76
$14,504.40
$408 492.97
$10 106.62
$1 ,640.00
S2 380.16
$2 047.99
$985.15
$491.00
$1 510.92
$5162.24
$205.00
$265.44
$196.80
$164.78
$744,000.00

4Tl-1 LOW BIDDER
GRANITE
UNIT PRICE
$87.500.00
$10 000.00
$30 000.00
$500,00
&II 000.00
$500.00
$5 000,00
$10.00
$5.00
$10,00
$150,00
5200,00
$185.00
$300.00
$255.00
1$1.00)
1$1,00)
$55.00
$100.00
$2.00
$120.00
$4100.00
$1 700.00
$10.000.00
$400,00
S375.00
$30.00
$5.00
SS.00
$9 700.00
$41.00
$103.00
$440.00
$1500.00
5404 000.00
$10,000.00
$110,00
$2.500,0D
$15.00
$2.00
$9 ,00
$250.00
$9.00
$9.00
$JO.DO
$250.00
$2.00

TOTAL PRICE
$87 500.00
$10 000,00
$30 ODO.DO
$500.00
$6 000.00
$500.00
$5 000.00
$450.00
$540.00
$6 850.00
$69 000.00
51 A00.00
$18,870.00
$44100.00
$42.330.00
1$1.00)
1$1.00)
$2 860.00
$5 000.00
$1 502.00
$1 680.00
$4100,00
$1 700.00
$10 000.00
$18 BOO.DO
$1125.00
$7110.00
$2.250.00
~

.. .-so.oo

$9.700.00
$9184.00
$18 643.00
$1 320.00
$12000.00
$404 000.00
$10 000.00
$17 600.00
$2.500.00
$1 785.00
$646.00
$450.00
$750.00
55 328.00
$900.00
$720.00
$500.00
$428.00
$877,869.00

5TH LOW BIDDER
INLAND ASPHALT
UNIT PRICE
$35.000.00
$12000,00
$127 000.00
$500.00
$8 000.00
$1 000.00
$4 ODO.DO
$35.00
$20.00
$11.00
$49.00
$1 000.00
$95.00
580.00
$147.00
1s1.00,
1$1.001
$75.00
$65.00
$1.00
$125.00
$1 .200.00
$500.00
$4.200.00
$80,00
$225.00
$60,00
$2.00
$3.00
$21,000.00
$25.00
$55.00
$2 300.00
$1 .250.0D
~
000.00
$11 000.00
$8 ,000.00
$2.500.00
$20.00
$3.00
$8.00
$500.00
$10.00
$3.00
$12.00
$150.00
$1.00

TOTAL PRICE
$35 ,000.00
$12 000.00
$127 000.00
$500.00
$8 000.00
$1 ,000.00
$4 000.00
$1 575.00
$2 160.00
$7 535.00
$22 540,00
$7 000.00
$9,690.00
$11 760.00
$24 402.00
1$1.00)
/$1,001
$3 900.00
S,4 .250.00
$751.00
51 750.00
$1 200.00
$500.00
$4 200.00
$3 760.00
$675.00
$14.220.00
$900.00
51 350.00
$21 000.00
55 600.00
$9 955.00
$B 900.00
$10 000,00
$4-40 ODO.DO
$11000.00
$1 .280 000.00
$2 500,00
l2 380.00
$969.00
$400.00
$1500.00
S5 920.00
$300.00
$288.00
$300.00
$214.00
$2,110,842.00

Bidabstract

Page 28 of 80

WEST RICHLAND AGENDA ACTION ITEMS
AGENDA ITEM:

7e

TYPE OF ACTION:

MEETING DATE:

November 3, 2026

Execute Contract

Consent Agenda

SUBJECT:

Motion to Authorize the Mayor to sign the
REVISED first Amendment to the Agreement
for use of Jail Facilities with Benton County

Pass Resolution

Public Hearing

Pass Ordinance

1st Discussion

STRATEGIC FOCUS
AREA

SFA 2- Quality and Adequate Infrastructure
and Facilities

Prepared by:

Stephanie Haug for F. Brink

Reviewed by:

F. Brink

Pass Motion

X

X

2nd Discussion
Other

SUGGESTED MOTION: I move authorize the Mayor to sign the revised first amendment to the “Agreement for use of
Jail Facilities” with the Board of County Commissioners of Benton County.
ATTACHMENTS:
1. First Amendment to Agreement for Use of Jail Facilities approved 10/3/2026
2. REVISED First Amendment to Agreement for Use of Jail Facilities
BACKGROUND INFORMATION/SUMMARY:
The City and Benton County entered into an Agreement for Use of Jail Facilities dated September 20, 2022. The agreement
provides for the confinement of City prisoners at the Benton County Jail and establishes responsibilities for jail services,
compensation, medical care, and administration. The current agreement covers January 1, 2023, through December 31,
2026.
The First Amendment replaces Section 19, Duration, to extend the agreement through December 31, 2030, providing four
additional years of jail services under the agreement. The amendment becomes effective upon signature by both parties.
All other provisions of the agreement remain unchanged.
The City Council approved the First Amendment on October 3, 2026, but since that time, the County found an error that
required correction. The updated version is included for your approval. The REVISED agreement extends the agreement
to 2028, not 2030 as previously approved.
RECOMMENDATION:
Approve the REVISED First Amendment to continue the City’s use of Benton County Jail facilities through December 31,
2028.
FISCAL IMPACT (Indicate amount, fund, and impact on budget):
The amendment does not change the existing compensation formula or establish a fixed cost for the extension. The City
will continue to pay its annually calculated share of the jail’s monthly net operating costs, based on prisoner days over
the applicable three-year period, along with the administration fee required by the agreement. Actual expenditures will
depend on the County’s operating costs and the City’s calculated share. Costs for the extension should be reflected in
the 2027–2028 budgets.

Page 29 of 80

FIRST AMENDMENT
to the
AGREEMENT FOR USE OF JAIL FACILITIES
THIS FIRST AMENDMENT made and entered into this ______ day of
_______________________, 2026 is made and entered into by and between BENTON
COUNTY, a political subdivision of the State of Washington (hereinafter "COUNTY"), and the
City of WEST RICHLAND, WASHINGTON, a municipal corporation (hereinafter "CITY").
WHEREAS, the parties entered into an Agreement dated September 20, 2022 (the
“AGREEMENT”) for the Use of Jail Facilities.
WHEREAS, this First Amendment is permitted under Section 21 of the AGREEMENT and is
necessary to extend the contract expiration date for an additional two (2) years.
NOW THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions
set forth herein, it is agreed by and between the parties that the AGREEMENT is hereby amended
as follows:
Section 19.

DURATION: is hereby deleted and replaced in its entirety with the following:

Upon its effective date, this Agreement supersedes the prior Agreement for Use of Jail Facilities
between the parties. This Agreement shall be effective from January 1, 2023, through December
31, 2028.
IN WITNESS WHEREOF, the parties have caused this First Amendment to be signed by their
duly constituted legal representatives, and it is effective upon signature of both Parties.
Dated:_______________

Dated:______________

FOR: BENTON COUNTY

FOR: CITY OF WEST RICHLAND,
WASHINGTON

Chairman or Chairman Pro-Tem

Signature

Constituting the Board of County Commissioners
of Benton County, Washington.
Attest:_________________________________
Clerk of the Board

Title:
Print Name

Approved as to Form:
_______________________________________
Reid Hay, Civil Deputy Prosecuting Attorney

Page 30 of 80

WEST RICHLAND AGENDA ACTION ITEMS

�

AGENDA ITEM:

7f

TYPE OF ACTION:

MEETING DATE:

November 03,2026

Execute Contract

Consent Agenda

SUBJECT:

Pass Resolution

Public Hearing

Pass Ordinance

1st Discussion

Prepared by:

Authorize agreement with the Dept of
Justice, DEA Administration and the City of
West Richland
SFA3
Conduct City Operations using best
management practices
M. Hedrick/J. Fry, Chief of Police

Reviewed by:

Fred Brink, Mayor

STRATEGIC FOCUS
AREA

Pass Motion

X

X

2nd Discussion
Other

SUGGESTED MOTION: I move to authorize the Chief of Police to sign the agreement with the Dept. of Justice, DEA
Administration and the City of West Richland concerning the use and abuse of controlled substances.

I

I

ATTACHMENTS: Drug Enforcement Administration State and Local Law Enforcement Agency Memorandum of Agreement
BACKGROUND INFORMATION: The Tri-Cities Resident Drug Enforcement Administration (DEA) Office has evidence that
trafficking in narcotics exists in the area and that such illegal activity has a substantial and detrimental effect on the
health and general welfare of the people in the Tri-Cities.
As a region we operate the Metro Drug Task Force, which was established to work with the DEA to combat controlled
substance distribution. The West Richland Police Department (WRPD) currently has one detective that is assigned to that
task force. The Drug Enforcement Administration State and Local Law Enforcement Agency Memorandum of Agreement
has expired, and in order for the WRPD detective assigned to METRO to continue working with the DEA on their cases, the
new contract needs to be executed by the agency head.
Under this agreement, METRO detectives will investigate, conduct undercover operations, and dismantle individuals,
and/or organizations involved in trafficking in narcotics, dangerous drugs, controlled-substance pharmaceuticals,
and/or chemicals, under the supervision of the DEA special agents.
SUMMARY: Trafficking in narcotics exists in the area and has a substantial and detrimental effect on the health and
general welfare of the people of West Richland. In order for the WRPD detective assigned to METRO to work with the
DEA, we must enter into a contract with them.
RECOMMENDATION: Staff recommends approval of the Drug Enforcement Administration State and Local Law
Enforcement Agency Memorandum of Agreement with the West Richland Police Department.
ALTERNATIVES: Do not sign the agreement.
FISCAL IMPACT {Indicate amount-fund, and imgact on budget�
- None.

Page 31 of 80

,,,w c

,

l EN ~El SITl1,l

Drug Enforcement Administration
State and Local Law Enforcement Agency
Memorandum of Agreement
This agreement is made this _ _0_1_ day of___o_ct_o_be_r_ ~, 20~ ' between the United
States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the
(hereinafter "parent agency"),
West Richland Police Department
; Unique Entity Identifier (UEI#)_ _ _ __ ___ . The DEA
WA0030500
ORI#
is authorized to enter into this cooperative agreement concerning the use and abuse of
controlled substances under the provisions of 21 U.S.C. § 873.
WHEREAS there is evidence that trafficking in narcotics, dangerous drugs, controlledsubstance pharmaceuticals, and/or listed chemicals exists in the
area and that such illegal activity has a substantial
Richland, Washington (Tri-Cities)
and detrimental effect on the health and general welfare of the people of "
_i_tie_s_)_ _ _., the parties hereto agree to the following:
_ as_h_in_g_to_n_(T_r_i-C
_ __ R_i_ch_la_n_d_,W

_ _ __ _ _ __
__Resident
Tri-Cities
1. The _ __ __ _ _
will perform the activities and duties described below:
a.

(DEA Office

)

Richland, Washington (Tri-Cities)
Disrupt the illicit drug traffic in the
area by immobilizing targeted violators and trafficking organizations;

b. Investigate, gather and report intelligence data relating to trafficking in narcotics
and dangerous drugs, trafficking of controlled pharmaceuticals and/or listed
chemicals; and
c. Conduct undercover operations where appropriate and engage in other traditional
's activities will
methods of investigation in order that the DEA Office
result in effective prosecution before the courts of the United States and the State,
Washington
Commonwealth, or Territory of

- - - - -- - - - - - - -- - - -

d. Investigate, disrupt and dismantle individuals and/or organizations involved in
diversion schemes (e.g., "doctor shopping," prescription forgery, and prevalent
retail-level violators) of controlled pharmaceuticals and/or listed chemicals in the
area; if applicable.
Richland, Washington (Tri-Cities)
2. To accomplish the objectives of the DEA _O_ffi_1_c_e_ _ _, the parent agency agrees to
for a period of not less than
detail experienced officer(s) to the DEA Office
1
LAW ENFORCEMENT SENSITIVE
-For Official Use Only-

Page 32 of 80

LAW ENFORCEMEhl SENSITIIIE:

two years. 1 During this period of assignment, the parent agency officer(s) will be
under the direct supervision of DEA supervisory personnel assigned to the DEA
Office
shall adhere to all
3. The parent agency officer(s) assigned to the DEA Office
procedures shall
and
policies
DEA
to
adhere
to
DEA policies and procedures. Failure
. Failure to complete
be grounds for dismissal from the DEA Office
mandatory DEA training within the required timeframe shall be grounds for dismissal
Office
from the DEA -- - - 4. In instances where parent agency policy or state/local law imposes a requirement that
is not addressed in DEA policy, the parent agency will promptly notify DEA and
provide DEA with written copies of the applicable law and/or policy. Whether the
parent agency officer will comply with parent agency policy in such instances will be
at the discretion of DEA.
5. The parent agency officers assigned to the DEA _O_ffi_1c_e_ _ _ shall be deputized as
Task Force Officers pursuant to 21 U.S.C. § 878.
, DEA will assign Special
6. To accomplish the objectives of the DEA Office
Agent(s) and/or Diversion Investigator(s), if applicable, to the DEA _O_ffi_1c_e_ __
Other support to DEA office(s), including any overtime reimbursement, is funded on
the basis of whether the group is DEA Program Funded, Fee Funded (SPEAR), or
HIDTA Funded.
a) DEA Program Funded - To accomplish the objectives of the DEA
, DEA will assign DEA Special Agent(s) to the DEA
Office
) Task Force Officer(s). The parent
and up to _ _ _ (
Office
agency agrees to provide and maintain a vehicle for use for each of its
assigned Task Force Officers. DEA will also, subject to the availability of
annually appropriated funds or any continuing resolution thereof, provide
necessary funds and equipment to support the activities of the DEA Special
Agent(s) and parent agency officer(s) assigned to the DEA _O_ffi_1c_e_ __
This support will include: office space; office supplies; travel funds; funds for
the purchase of evidence and information; investigative equipment; training;
and other investigative support items.
b) Synthetics Precursors Enforcement and Regulations (SPEAR) (Fee
Funded) - DEA will, subject to the availability of annual Diversion Control
Fee Account (DCFA) funds, provide necessary funds, vehicles, and equipment
to support the activities of the DEA Special Agent(s) and up to _ __
. This
) Task Force Officer(s) assigned to the DEA Office
(
support will include: vehicles; office space; office supplies; travel funds; funds
The number of officers assigned cannot exceed the number of positions allocated by the Division's Table of
Organization.

1

2
LAW ENFORCEMENT SENSITIVE

-For Official Use Only-

Page 33 of 80

L

SEI J~ITI
t:Nt·Of t:M!::
For Official Use On1~,

for the purchase of evidence and information; investigative equipment;
training; and other investigative support items, as available DCFA funds
permit. While on duty and acting on DEA's business, the parent agency
officer(s) assigned shall be subject to all DEA and federal government rules,
regulations and procedures governing the use of Official Government Vehicles
(OGVs) and home to work transportation when authorized. Accidents
purposes shall be
involving vehicles while in use for DEA Office
reported and investigated in accordance with the procedures of DEA and the
parent agency.
c) High Intensity Drug Trafficking Areas (HIDTA) (HIDTA Funded) Subject to the availability of funding, and HIDTA planning and budgeting
guidance, HIDTA will provide funding to support the activities of Federal
) Task Force Officer(s), and other
Special Agents, and up to _ _ _ (
specified employees (if any). This support will include: office space; office
supplies; travel funds; funds for the purchase of evidence and information;
investigative equipment; training; and other investigative support items. The
parties to this agreement understand that financial reimbursement to
participating organizations is subject to the budgeting, administrative and
managerial decisions of the HIDTA Executive Board, as well as the
availability ofHIDTA funding (from whatever source).
Vehicles may be provided by the parent agency or furnished by DEA subject to
the availability and approval of HIDTA funding for vehicle leases. DEA may
request that HIDTA fund installation and removal of mobile radios in DEA
vehicles and reimburse the parent agency for fuel,
Office
maintenance, and repair attributable to use of the vehicles for DEA
purposes. Accidents involving vehicles while in use for DEA
Office
purposes shall be reported and investigated in accordance with
Office
the procedures of DEA and the parent agency.
While on duty and acting on DEA's business, the parent agency officer(s)
assigned to the HIDTA group shall be subject to all DEA and federal
government rules, regulations and procedures governing the use of OGV and
home to work transportation when authorized.
d) DEA Provisional - DEA will also, subject to the availability of annually
appropriated funds or any continuing resolution thereof, provide necessary
funds and equipment to support the activities of the DEA Special Agent(s) and
) Task Force Officer(s) assigned to the DEA
(
one
up to
. This support will include: office space; office supplies; travel
Office
funds; funds for the purchase of evidence and information; investigative
equipment; training; and other investigative support items. DEA does not
reimburse for Provisional TFO overtime, and vehicles must be provided by the
parent agency. Although DEA does not normally reimburse for Provisional
3
LAW ENFORCEMENT SENSITIVE
-For Official Use Only-

Page 34 of 80

ENFORGEMENl
-Fo1 Official Use, Only

TFO overtime, TFOs may be eligible to receive overtime from eligible funding
sources, subject to the availability of funds.
, the parent agency will
7. During the period of assignment to the DEA Office
remain responsible for establishing the salary and benefits, including overtime, of the
, and for making all payments due to
officer(s) assigned to the DEA Office
them. DEA will, subject to availability of funds, reimburse the parent agency for
overtime payments. Annual overtime for each state and local law enforcement officer
is capped at the equivalent to 25% of the salary of a GS-12, step 1, of the general pay
scale for the rest of the United States. Reimbursement for all types of qualified
expenses shall be contingent upon availability of funds and submission of a proper
request for reimbursement, which shall be submitted monthly on a fiscal year basis,
and which provides the name of each officer(s) who incurred overtime in support of
DEA investigations during invoiced period to include the number of overtime hours
incurred, the hourly regular and overtime rates in effect for each officer, and the total
cost for the invoiced period. If HIDTA funded, HIDTA will, subject to availability of
annually appropriated funds, reimburse the parent agency for overtime payments
incurred by its Task Force Officers. Each invoice submitted must include an invoice
number and invoice date. The parent agency will bill overtime as it is performed,
and no later than 30 days after the end of each month in which the overtime is
performed. The parent agency will submit invoices to
(DEA Division) process coordinator email
Seattle Division
) . Note: Task Force Officer's
[email protected]
box (
overtime "shall not include any costs for benefits, such as retirement, FICA, and
other expenses including taxes."
8. In no event will the parent agency charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
9. The parent agency shall maintain on a current basis complete and accurate records
and accounts of all obligations and expenditures of funds under this agreement in
accordance with generally accepted accounting principles and instructions provided
by DEA to facilitate on-site inspection and auditing of such records and accounts.
10. The parent agency shall permit and have readily available for examination and
auditing by DEA, the United States Department of Justice, the Comptroller General of
the United States and any of their duly authorized agents and representatives, any and
all records, documents, accounts, invoices, receipts, or expenditures relating to this
agreement. The parent agency shall maintain all such reports and records until all
audits and examinations are completed and resolved, or for a period of six (6) years
after termination of this agreement, whichever is later.
4
LAW ENFORCEMENT SENSITIVE
-For Offic ial Use Only-

Page 35 of 80

AV EN uhU: ltl Stf S1f1 t
u, Oft1c,ial Use On, •

11. The parties acknowledge and understand that the United States of America is liable
for the wrongful actions or inactions of Federal employees, including those Federal
employees deputized as Task Force Officers, who are acting within the scope of their
employment under the Federal Torts Claim Act (2 8 U.S.C §§ 2671 -2680). This
may extend to representation of the covered employee if in the best interests of the
United States (28 C.F.R. § 50.15(a)(2)). A state or local employee participating in the
DEA group may concurrently or separately be covered for the purposes ofliability by
their employer.
12. The parent agency shall comply with Title VI of the Civil Rights Act of 1964, Section
504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as
amended, and all requirements imposed by or pursuant to the regulations of the
United States Department of Justice implementing those laws, 28 C.F.R. Part 42,
Subparts C, F, G, Hand I.
13. The Parent Agency's signature to this agreement certifies the Parent Agency's
compliance with the certifications required under 2 C.F.R. Part 2867
(Nonprocurement Debarment and Suspension); 28 C.F.R. Part 69 (New Restrictions
on Lobbying); and 28 C.F.R. Part 83 (Government-Wide Requirements for Drug-Free
Workplace). DEA awards Federal funds under this cooperative agreement in reliance
upon the Parent Agency's certification of compliance with these requirements. The
Parent Agency has accordingly reviewed these regulations.
14. When issuing statements, press releases requests for proposals, bid solicitations, and
other documents describing projects or programs funded in whole or part with federal
money, the parent agency shall clearly state: (1) percentage of the total cost of the
program or project which will be financed with federal money; and (2) the dollar
amount of federal funds for the program or project.
15. The term of this agreement shall be effective from the date in paragraph number one
until September 30, 2031. This agreement may be terminated by either party on thirty
(30) days' advance written notice. DEA's support to the DEA _O_ffi_1c_e_ __
including reimbursement of overtime, is subject to the availability of funds on a fiscal
year basis (October 1 through September 30 of the next year). Billing for all
outstanding obligations must be received by DEA within 30 days of the end of the
fiscal year or within 30 days of the date of termination of this agreement. DEA will
be responsible only for obligations incurred by parent agency during the term of this
agreement on a fiscal year basis, subject to the availability of funds.

5
LAW ENFORCEMENT SENSITIVE
-For Official Use Only-

Page 36 of 80

11,... "

v1ny-

For the Drug Enforcement Administration:

Seattle Division
Division

Special Agent in Charge

Robert A. Saccone
Date

Printed Name

For the Parent Agency:

Date

Agency Head

Printed Name and Title

[END OF DOCUMENT]

6
LAW ENFORCEMENT SENSITIVE

-For Official Use Only-

Page 37 of 80

EXHIBIT A
Memorandum of Understanding 2026 -2027
Between the
Drug Enforcement Administration
And
City of West Richland

The purpose of this Memorandum is to make clear that the parties interpret the attached Task Force
Officer agreement between DEA and City of West Richland as consistent with Washington law in that
City of West Richland personnel participating with DEA shall not engage in any acts which are
specifically proscribed by Washington state or local law. This may include provisions that City of West
Richland employees may not contract, or in any way provide civil or non-criminal immigration
enforcement assistance.

Date
(Agency Head)

Date
DEA Seattle Division
Special Agent in Charge

Page 38 of 80

WEST RICHLAND AGENDA ACTION ITEMS
AGENDA ITEM:

7g

TYPE OF ACTION:

MEETING DATE:

November 3, 2026

Execute Contract

SUBJECT:

Motion authorizing Mayor to execute
Drinking Water State Revolving Fund Loan
for Belmont Reservoir Project

Pass Resolution

Public Hearing

Pass Ordinance

1st Discussion

STRATEGIC FOCUS
AREA

SFA 2-HIGH QUALITY AND COST-EFFECTIVE
INFRASTRUCTURE
Goal 1 - Construct planned infrastructure
_
essential for a growing community

Prepared by:

Roscoe C. Slade Ill, PW Director

Reviewed by:

Fred Brink, Mayor

~

Pass Motion

X

X

Consent Agenda

X

2nd Discussion

Other

SUGGESTED MOTION:
I move to authorize the Mayor to execute the Drinking Water State Revolving Fund Loan Contract Number
DWL33049-0 for the Belmont Reservoir Project.

BACKGROUND INFORMATION:
The City's adopted 2017 Water System Plan and the draft 2026 update to the Water System Plan have both identified the
need for additional water storage, a 2 MG reservoir for water pressure zone 3, by 2029. Pressure zone 3 is the area along
the Van Giesen (SR 224) corridor between Ruppert Road and the Tri-City Raceway including the Heights at Red Mountain
area and Lewis and Clark Ranch Phase 1 master planned area. Currently pressure zone 3 has no water sources or water
storage directly servicing this pressure zone and relies on reservoirs in pressure zone 4 and sources in pressure zone 4
via three pressure reducing vaults for service.
In June 2023, City Council authorized the Mayor, via Resolution 39-23, to execute a Water System Development Fee
Mitigation Agreement with the developer of the plat of Watermark. Per the agreement, the City received approximately
1.5 acres of land for the future Belmont Reservoir, on-site improvements (sidewalk, grading, block wall, etc.), and the
installation of 1,210 LF of 12" PVC water main from Paradise Way to the reservoir site in-lieu of the developer paying
$464,344.50 in Water System Development Fees, 441 Water Fund, for the plat of Watermark.
The City's 2025/2026 adopted budget includes $875,000 from the 441 Water Fund for the 2 MG Belmont Reservoir
Project. On February 18, 2025, City Council authorized the Mayor to execute a $579,202 engineering services contract
with RH2 to complete the design, environmental permitting, and bidding services for the Belmont Reservoir Project.
The estimated cost to construct the 2 MG Belmont Reservoir at 60% design using federal funds is expected to cost
approximately $7,912,000 for a total project cost of $9,252,000.
As part of the draft EIS for the Lewis and Clark Ranch Phase 1 master plan, an analysis in May 2025 was completed by
JUB that determined the proportionate share of the Belmont Reservoir for LCR Phase 1to be 71.6% of the $9,252,000 or
$6,624,432.
On November 18, 2025, City Council authorized staff to submit an application for the Washington State Department of
Health's Drinking Water State Revolving Fund Program for the Belmont Reservoir Project. The U.S. Environmental
Protection Agency (EPA) awards annual capitalization grants to Washington and other states for: Capital construction
loan program with potential subsidy, Lead service line loan program with potential subsidy, Emerging contaminants
loan program with 100 percent subsidy, and Non-construction "set asiden funds to run the program, undertake capacity
development, and ensure compliance with state and federal drinking water rules and regulations.

Page 39 of 80

In November 2021, Congress passed the Infrastructure and Investment Jobs Act (IIJA), otherwise known as the Bipartisan
Infrastructure Law (BIL), which appropriated billions of additional dollars to the DWSRF program to improve water system
infrastructure throughout the country. These funds will subsidize the existing DWSRF program over a five-year period
through FY 2027.
The Washington State Legislature established the statutory authority to create a DWSRF loan program consistent with
federal law and to provide supplemental funding through state match and associated grant programs. Regulations
(chapter 246-296 WAC) were adopted to implement the program. Loan repayments, loan interest, loan fees, and state
match funds supplement the federal capitalization grant.
DWSRF provides low-interest construction loans to publicly (municipal) and privately owned Group A drinking water
systems in Washington state, as well as tribally owned systems. Municipal water systems are "a city, town, or other public
body created by or pursuant to state law," such as water sewer districts, public utility districts, and other special purpose
districts. The DWSRF program goals are to: 1) Provide funding to water systems for capital improvements that increase
public health protection and compliance with drinking water regulations and 2) Protect the health of the people of
Washington by ensuring safe and reliable drinking water.
Staff recommended utilizing $5,341,750 from the LCR Phase 1 $6,624,432 proportionate share of the project and applying
for a $2,595,953 Federal State Drinking Water State Revolving Fund loan to fund the $7,912,000 project construction
costs and the 1% loan fee. The remaining balance of $1,282,682 from the LCR Phase 1 proportionate share would remain
in the 441 Water Fund and be utilized as a debt service reserve, if development slows in the future, to cover
approximately eight years of the annual debt service of the $2,595,953 DWSRF Loan (debt service of approximately
$162,615 / per year).
SUMMARY:

On July 22, 2026, the City received notice that our 2025 Drinking Water Revolving Fund (DWSRF) Construction Loan
Application was selected to receive funding. Between July 22 nd and October 15th, city staff worked with Department of
Health representatives to complete various pre-contract items.
The Drinking Water State Revolving Fund Loan Contract Number DWL33049-0 for the Belmont Reservoir Project is ready
for City Council to authorize the Mayor to execute. The $2,595,953 DWSRF Loan includes a 1% loan fee (20 years @
2.25%).
RECOMMENDATION:

Staff recommends City Council authorize the Mayor to execute the Drinking Water State Revolving Fund Loan Contract
Number DWL33049-0 for the Belmont Reservoir Project.
FISCAL IMPACT Ondicate amount fund, andimpact on budget):
Revenue of $2,595,953 for the construction of the Belmont Reservoir Project (including 1% loan fee). $2,595,953 DWSRF
loan (20 years @ 2.25%) would have an annual debt service of approx. $162,615 from the 401 Water Fund (via a transfer
from the 441 Water Fund). DWSRF Loan has a 1% administrative fee, $25,703, which is included in the Loan amount

Page 40 of 80

WEST RICHLAND AGENDA ACTION ITEMS
AGENDA ITEM:

7h

TYPE OF ACTION:

MEETING DATE:

November 3, 2026

Execute Contract

SUBJECT:

Resolution 74-26: Authorizing
Reimbursement Agreement with WKC
Development, LLC for all City costs

Pass Resolution

STRATEGIC FOCUS
AREA

SFA 3 – Financial & Operational
Effectiveness, Stability, & Accountability
Goal 4 – Improve quality, efficiency, and
cost savings through collaboration with
public and private entities.

Prepared by:

Eric Mendenhall, Community and Economic
Development Director

Reviewed by:

Mayor Fred Brink

Consent Agenda
X

x

Public Hearing

Pass Ordinance

1st Discussion

Pass Motion

2nd Discussion

Other

SUGGESTED MOTION: I move to authorize the Mayor to sign and execute the Reimbursement Agreement, as shown in
Exhibit ‘A’ with WKC Development, LLC
ATTACHMENTS:
• Resolution
• Exhibit A: Reimbursement Agreement
BACKGROUND INFORMATION:
A prospective developer, WKC Development, LLC, is conducting a feasibility analysis for a large industrial complex within
the city. No formal application has been submitted. The Developer is performing due diligence on the development of
property within the City of West Richland and, as part of that due diligence, is requesting from the City assistance,
meetings, information, coordination, and technical and/or environmental analysis regarding the property and
development plans, including work associated with the following disciplines: (i) transportation, including review of traffic
studies, analysis, modeling, circulation, access, and related review; (ii) water, including analysis of water supply, systems,
capacity, distribution, and related review; (iii) the State Environmental Policy Act review and analysis; (iv) legal, including
legal review, advice, and related support; (v) cultural and historical resources report review; (vi) critical
areas/environmental matters, including review of reports; (vii) community engagement, outreach, and coordination; and
(viii) noise, including review of noise studies; together with related city staff time, consultant services, meetings,
information requests, coordination, and administration.
Because no application is on file, standard permitting fees that would otherwise offset staff time do not apply. The
proposed reimbursement agreement ensures the city is compensated for staff resources committed to this preapplication work. The agreement would reimburse the city for costs associated with the potential development on a timeand materials basis, not to exceed $1,500,000.
RECOMMENDATION:
Staff recommends that Council authorize the Mayor to sign and execute the Reimbursement Agreement, as shown in
Exhibit ‘A’ with WKC Development, LLC.
FISCAL IMPACT (Indicate amount, fund, and impact on budget):
A future budget amendment will be required in the 001 General Fund to recognize the $1,500,000.00 revenue from WKC
Development, LLC and appropriate equivalent amount for associated costs. There is a net zero fiscal impact to the
General Fund.

Page 41 of 80

CITY OF WEST RICHLAND
RESOLUTION NO. __-26
A RESOLUTION OF THE CITY OF WEST RICHLAND,
WASHINGTON, AUTHORIZING THE MAYOR TO SIGN AND
EXECUTE A REIMBURSEMENT AGREEMENT WITH WKC31
DEVELOPMENT, LLC
WHEREAS, WKC31 Development, LLC, “Developer” is performing due diligence on the
development of property within the City of West Richland and, as part of that due diligence, is
requesting from the City assistance, meetings, information, coordination, and technical and/or
environmental analysis regarding the property and development plans, including work associated
with the following disciplines: (i) transportation, including review of traffic studies, analysis,
modeling, circulation, access, and related review; (ii) water, including analysis of water supply,
systems, capacity, distribution, and related review; (iii) the State Environmental Policy Act review
and analysis; (iv) legal, including legal review, advice, and related support; (v) cultural and
historical resources report review; (vi) critical areas/environmental matters, including review of
reports; (vii) community engagement, outreach, and coordination; and (viii) noise, including review
of noise studies; together with related city staff time, consultant services, meetings, information
requests, coordination, and administration (collectively, (“Work Requested”)); and
WHEREAS, Developer has not submitted any permit applications and therefore, there is
no mechanism to charge for the Work Requested; and
WHEREAS, it is the City’s policy that development pays for development and to not pass
development costs along to the taxpayers; and
WHEREAS, in order for the City to be able to provide the Work Requested to the
Developer, the City will need to recover its costs, and therefore requires the Developer’s
agreement to pay these costs on a time and materials basis as a condition to perform the Work
Requested;
NOW, THEREFORE, the City Council of the City of West Richland, Washington does
hereby resolve as follows:
Section 1.
The City Council of West Richland, Washington authorizes the
Mayor to sign and execute a Reimbursement Agreement with WKC31 Development, LLC, as
shown in Exhibit ‘A’.
Section 2.

This resolution shall be in effect immediately upon approval.

PASSED by the City Council of the City of West Richland, Washington, this 3rd day of
November, 2026.
_____________________
Fred Brink, Mayor

ATTEST:
________________________
Stephanie Haug, City Clerk

Page 42 of 80

APPROVED AS TO FORM:
________________________
Jessica Foltz, City Attorney

Page 43 of 80

REIMBURSEMENT AGREEMENT
THIS AGREEMENT is entered into this ____ day of _________, 2026 by and between the City
of West Richland, a municipal corporation, hereinafter referred to as the “City”, and WKC31
Development, LLC, a Delaware state limited liability company, hereinafter referred to as the
“Developer”. Individually each is a “Party” and together they are the “Parties.”
Article I.

Recitals

WHEREAS, the Developer is performing due diligence on the development of property within
the City of West Richland and, as part of that due diligence, is requesting from the City assistance,
meetings, information, coordination, and technical and/or environmental analysis regarding the property
and development plans, including work associated with the following disciplines: (i) transportation,
including review of traffic studies, analysis, modeling, circulation, access, and related review; (ii) water,
including analysis of water supply, systems, capacity, distribution, and related review; (iii) the State
Environmental Policy Act review and analysis; (iv) legal, including legal review, advice, and related
support; (v) cultural and historical resources report review; (vi) critical areas/environmental matters,
including review of reports; (vii) community engagement, outreach, and coordination; and (viii) noise,
including review of noise studies; together with related city staff time, consultant services, meetings,
information requests, coordination, and administration (collectively, (“Work Requested”)); and
WHEREAS, Developer has not submitted any permit applications and therefore, there is no
mechanism to charge for the Work Requested; and
WHEREAS, in order for the City to be able to provide the Work Requested to the Developer, the
City will need to recover its costs, and therefore requires the Developer’s agreement to pay these costs on
a time and materials basis as a condition to perform the Work Requested;
NOW, THEREFORE, the Parties hereby agree as follows:
Article II.

Agreement

Section 2.01 Developer's Responsibilities. Developer commits to reimbursing the City for the
actual costs of the City’s time in performing the Work Requested for the period commencing August 15,
2026 through the termination or expiration of this Agreement. The total cost of the Work Requested is not
to exceed $1,500,000, and any payment of any costs that exceed the not-to-exceed amount require
Developer’s prior written approval. Costs include the consultant engineering and consultant support
services, the City of West Richland staff costs in performing the Work Requested and administering the
consultant contracts, and the City’s attorney’s fees incurred in preparing this Agreement and assisting the
City in performing the Work Requested. If additional work is requested by the Developer from the City
outside of the Work Requested, the Parties will document the scope of such work and Developer agrees
to reimburse the City for that additional work.
Section 2.02 Payment by Developer for City’s Work. Promptly after execution of this
Agreement, Developer will pay the City an advance fee deposit in the amount of $150,000.00 which the
Reimbursement Agreement – Page 1
11322363.1 - 371976 - 0007
Page 44 of 80

City will place into a specifically identified general ledger account that will be used solely for costs of
Work Requested under this Agreement (the “Account”). The City may withdraw funds from the Account,
without advanced notice to Developer, to recover the costs incurred to perform the Work Requested,
including payment to third-party consultants. Within five (5) days of the end of each calendar month, the
City will provide detailed invoices showing how any advance fee deposit funds were applied and the
remaining balance. Each invoice shall describe the performed Work Requested and provide reasonable
detail regarding the personnel, consultants, hours, rates, expenses, and other costs included in the invoice,
in the alternative the City may provide copies of the consultant invoices containing this information. The
City will provide Developer with notice (“Replenishment Notice”) when the amount of funds in the
specifically identified general ledger account are reduced to approximately $50,000.00. The Developer
will then be required to replenish the account to a $150,000.00 balance within sixty days of the
Replenishment Notice. If, notwithstanding the foregoing, the Account does not have adequate funds to
pay the City for the costs of the Work Requested, the City may pause work until the Account is
replenished; provided, however, that the City shall not pause work if the insufficiency results from the
City’s failure to provide a timely Replenishment Notice. Any unused advance fee deposits shall be
promptly refunded to Developer upon termination of this Agreement or completion of the Work
Requested.
Section 2.03 Auditing Rights. Developer may review and contest any invoice by written notice
to the City within thirty (30) days after receipt of the applicable invoice. At the Developer’s expense, the
Developer shall have the right to audit the City’s books and records relating to costs invoiced under this
Agreement upon reasonable notice and during the City’s regular business hours.
Section 2.04 City's Responsibilities. City agrees to perform the Work Requested as described
in Section 2.01 above and other future work as agreed by the Parties.
Section 2.05 Indemnification. The Developer agrees to defend and indemnify the City and its
elected and appointed officials, officers, and employees against all claims, losses, damages, suits, and
expenses, including reasonable attorneys’ fees and costs, to the extent they arise out of, or result from, the
gross negligence or willful misconduct of the Developer or its employees and agents in the performance
of this Agreement. The Developer’s duty to defend and indemnify extends to claims by employees of the
Developer. The City agrees to defend and indemnify the Developer and its members, managers, officers,
and employees against all claims, losses, damages, suits, and expenses, including reasonable attorneys’
fees and costs, to the extent they arise out of, or result from, the gross negligence or willful misconduct of
the City or its employees and agents in the performance of this Agreement. The City’s duty to defend and
indemnify extends to claims by employees of the City. This provision shall survive the termination of this
Agreement.
Section 2.06 Limitation of Liability. Neither Party shall be liable to the other for any indirect,
consequential, incidental, special, or punitive damages arising out of or related to this Agreement. This
exclusion does not apply to a Party’s indemnification obligations under Section 2.05 (Indemnification)
or to damages arising from a Party’s gross negligence or willful misconduct.
Section 2.07 Term of Agreement. This Agreement shall commence on the date of the last Party
Reimbursement Agreement – Page 2
11322363.1 - 371976 - 0007
Page 45 of 80

to sign this Agreement (the “Effective Date”) and shall continue in force for a period of three (3) years
unless extended or terminated as provided herein. Notwithstanding the foregoing, either Party may
terminate this Agreement at any time, with or without cause, upon written notice to the other Party.
However, the Developer will be responsible to reimburse the City for all work performed prior to the
effective date of the termination. Following the expiration of the term or extension thereof, or if sooner
terminated, this Agreement shall have no force and effect, subject however, to post-termination
obligations of the Developer.
Section 2.08 Captions. The paragraph and subsection captions used in this Agreement are for
convenience only and shall not control or affect the meaning or construction of any provisions of this
Agreement.
Section 2.09 Entire Agreement. This Agreement contains the entire Agreement and
understanding of the Parties with respect to the subject matter hereof, and supersedes all prior oral or
written understandings, agreements, promises or other undertakings between the Parties.
Section 2.10 Governing Law; Attorney’s Fees. This Agreement shall be interpreted in
accordance with the laws and court rules of the State of Washington in effect on the date of execution of
this Agreement. In the event any Party deems it necessary to institute legal action or proceedings to ensure
any right or obligation under this Agreement, the Parties agree that such action shall be brought in a court
of competent jurisdiction situated in Benton County, Washington. The prevailing party in any action under
this Agreement shall be entitled to reasonable attorney’s fees and costs.
Section 2.11 No Third-Party Rights. Except as expressly provided herein, nothing in this
Agreement shall be construed to permit anyone other than the Parties hereto to rely upon the covenants
and agreements herein contained nor to give any such third party a cause of action (as a third-party
beneficiary or otherwise) on account of any nonperformance hereunder.
Section 2.12 Assignment. Developer may at any time, on written notice to the City, assign this
Agreement:
(a)
to any Affiliate;
(b)
to any successor in interest of the Property;
(c)
to any successor in interest to the Developer in connection with any merger, acquisition, or
similar transaction of Developer; or
(d)
to any purchaser of all or substantially all of Developer’s facilities in the City.
The written notice required by this Section shall be at least thirty (30) days prior to the closing of
the transaction under any of the above subsections. Following any assignment of this Agreement pursuant
to this Section 2.12, Developer will remain responsible for the Affiliate’s, successor’s, or purchaser’s
performance under the terms of this Agreement.
Section 2.13 Amendment or Waiver. Material amendments to this Agreement require a written

Reimbursement Agreement – Page 3
11322363.1 - 371976 - 0007
Page 46 of 80

instrument approved by resolution or ordinance duly adopted by the City. Minor amendments, including
administrative changes, scheduling adjustments, extensions, or modifications to the scope of Work
Requested, changes to the not-to-exceed amount, may be approved in writing by the authorized
representatives of each Party without council action. No course of dealing between the Parties or any delay
in exercising any rights hereunder shall operate as a waiver of any rights of any Party.
Section 2.14 Force Majeure. Neither Party shall be deemed in breach of any provision of this
Agreement, and each Party shall be excused from performance of its obligations, to the extent that
performance is prevented or delayed by circumstances beyond its control or by reason of a force majeure
occurrence, such as, but not limited to, acts of God, acts of terrorism, war, riots, civil disturbances, natural
disasters, floods, tornadoes, earthquakes, unusually severe weather conditions, employee strikes, and
unforeseen labor conditions.
Section 2.15 Notices. All notices, requests, demands, and other communications under this
Agreement must be in writing and shall be deemed duly given when (a) delivered personally; (b) sent by
certified mail, return receipt requested; or (c) sent by a nationally recognized overnight courier, in each
case addressed to the applicable Party at the address below (or to such other address as a Party may
designate by notice): If to the City: City of West Richland, Attn: City Clerk, 3100 Belmont Blvd., West
Richland, Washington 99353. If to the Developer: WKC31 Development, LLC, Attn: Carrie Tillman, 333
Texas Street, Suite 1300, Shreveport, LA 71101.
Section 2.16 Representations. By signing below, each Party represents and warrants that it has
the authority to enter into this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective officers, thereto duly authorized, as of the dates set forth below their respective signatures.
CITY:
City of West Richland

DEVELOPER:
WKC31 Development, LLC

Fred Brink, Mayor

Name/Title:

ATTEST:

Stephanie Haug, MMC
City Clerk

Reimbursement Agreement – Page 4
11322363.1 - 371976 - 0007
Page 47 of 80

WEST RICHLAND AGENDA ACTION ITEMS
AGENDA ITEM:

7i

TYPE OF ACTION:

MEETING DATE:

November 3, 2026

Execute Contract

Consent Agenda

SUBJECT:

Amending the 2025/2026 Biennial Budget

Pass Resolution

Public Hearing

Pass Ordinance
STRATEGIC FOCUS
AREA

SFA 3 - Financial and Operational
Effectiveness, Stability and Accountability

Prepared by:

Erin Gwinn, Finance Dir~r

Reviewed by:

Fred Brink, Mayo✓

Pass Motion

X

X

1st Discussion
2nd Discussion

Other

/

SUGGESTED MOTIONS: I move to pass Ordinance 73 -26 amending the City of West Richland 2025/2026 Biennial
Budget.

ATTACHMENTS:

•

•
•

Exhibit A - proposed updated 2025/2026 Biennial Budget.
Exhibit B - detailed explanation of changes to budget line items.
Ordinance amending the 2025/2026 Biennial Budget.

BACKGROUND INFORMATION: The budget amendment ordinance provides an opportunity to formally appropriate items
previously approved by Council and to bring matters of special interest to Council's attention.

The budget adjustments include the following:
001 General Fund

• This amendment appropriates an additional $330,000 to fund retroactive compensation to fulfill an arbitration
decision regarding a personnel matter.
104 Park lmgact Fund

•

Correction to the budget amendment for August 18, 2026. This amendment recognized Park Impact Fee Revenue
collected in 2026 in the amount of $938,533.

401 Water l Sewer Operating Fund

•

This amendment recognizes $123,895 from Tiegs LLC to reimburse for Water Right S4-33044(B2). This
amendment recognizes the same amount to pay for the new Water Right S4-33044(B2) acquired by the City to
serve the Lewis and Clark Ranch Development.

SUMMARY: The attached ordinance modifies the budget (as detailed in the supporting worksheets) to reflect changes
in the spending plans of the City.
RECOMMENDATION: Passage of the attached ordinance.
FISCAL IMPACT (Indicate ~m~~nt, fund, and imgact on budget): This amendment authorizes an increase in the 2025/2026
appropriations in the amount of $453,895 and recognizes an increase in total resources in the amount of $1,062,428
bringing the revised budget to a total of $170,406,047.

Page 48 of 80

CITY OF WEST RICHLAND ~ 2025/2026 BUDGET AMENDMENT ~ November 3, 2026
Exhibit A:
Beginning Fund Balance
FUND
General Fund:
001 General
002 Cumulative Reserve
003 Real Estate Conservation/Management
004 Facilities Reserve Fund
005 Performance Maint Bonds and Deposits
Total General Fund(s)

Previous
Budget

Adjustment

REVENUES/RESOURCES
Revenues
Proposed
Budget

Previous
Budget Adjustment

EXPENDITURES/USES
Ending Fund Balance

Expenditures
Proposed
Budget Total Resources

Previous
Budget

Adjustment

Proposed
Budget

Previous
Budget

Adjustment

Proposed Budget

Total Expenditures/ Uses

9,009,693
2,922,333
33,217
111,669
103,525
12,180,438

-

9,009,693
2,922,333
33,217
111,669
103,525
12,180,438

22,016,108
6,807,234
900
900
602,000
29,427,142

-

22,016,108
6,807,234
900
900
602,000
29,427,142

31,025,801
9,729,567
34,117
112,569
705,525
41,607,579

26,905,800
3,951,217
29,020
50,000
602,000
31,538,037

330,000
330,000

27,235,800
3,951,217
29,020
50,000
602,000
31,868,037

4,120,001
5,778,350
5,097
62,569
103,525
10,069,542

(330,000)
(330,000)

3,790,001
5,778,350
5,097
62,569
103,525
9,739,542

31,025,801
9,729,567
34,117
112,569
705,525
41,607,579

Other Funds:
101 Street
104 Park Impact
105 Criminal Justice
106 Tourism Promotion Fund
121 Library Services
301 Capital Imp - Real Estate Excise Tax I
302 Capital Imp - Real Estate Excise Tax II
355 Capital Imp - Transp Improvement Program

482,351
1,518,930
1,388,078
51,359
567,861
2,428,641
2,968,913
854,521

-

482,351
1,518,930
1,388,078
51,359
567,861
2,428,641
2,968,913
854,521

1,513,992
368,935
2,732,782
30,919
1,495,275
33,392,074
2,426,500
4,627,740

938,533
-

1,513,992
1,307,468
2,732,782
30,919
1,495,275
33,392,074
2,426,500
4,627,740

1,996,343
2,826,398
4,120,860
82,277
2,063,136
35,820,715
5,395,413
5,482,261

1,954,104
2,169,986
3,111,337
20,000
1,450,768
35,430,273
3,702,403
5,401,529

-

1,954,104
2,169,986
3,111,337
20,000
1,450,768
35,430,273
3,702,403
5,401,529

42,239
(282,121)
1,009,523
62,277
612,368
390,442
1,693,010
80,732

938,533
-

42,239
656,412
1,009,523
62,277
612,368
390,442
1,693,010
80,732

1,996,343
2,826,398
4,120,860
82,277
2,063,136
35,820,715
5,395,413
5,482,261

Water/Sewer Utility:
401 Water/Sewer Operating
441 Water System Development
442 Sewer System Development
451 Water Line Development
452 Sewer Line Development
Total Water/Sewer Utility

7,615,725
6,885,413
6,487,807
210,871
19,398
21,219,214

-

7,615,725
6,885,413
6,487,807
210,871
19,398
21,219,214

33,156,688
1,497,710
3,811,009
26,644
1,279
38,493,329

123,895
123,895

33,280,583
1,497,710
3,811,009
26,644
1,279
38,617,224

40,896,308
8,383,123
10,298,816
237,514
20,677
59,836,438

35,136,996
7,092,604
5,661,119
137,000
48,027,719

123,895
123,895

35,260,891
7,092,604
5,661,119
137,000
48,151,614

5,635,416
1,290,519
4,637,697
100,514
20,677
11,684,824

-

5,635,416
1,290,519
4,637,697
100,514
20,677
11,684,824

40,896,308
8,383,123
10,298,816
237,514
20,677
59,836,438

341,002
1,535,622
384,436
45,921,365

-

341,002
1,535,622
384,436
45,921,365

296,737
2,401,916
6,214,912
123,422,253

1,062,428

296,737
2,401,916
6,214,912
124,484,681

637,739
3,937,538
6,599,348
170,406,047

286,987
2,055,898
6,324,482
141,473,525

453,895

286,987
2,055,898
6,324,482
141,927,420

350,752
1,881,640
274,866
27,870,094

608,533

350,752
1,881,640
274,866
28,478,627

637,739
3,937,538
6,599,348
170,406,047

Other Proprietary Funds:
402 Irrigation Utility
404 Stormwater Utility
405 Solid Waste Utility
Total Budgeted Funds

-

Page 49 of 80

CITY OF WEST RICHLAND ~ 2025/2026 BUDGET AMENDMENT ~ November 3, 2026
Exhibit B:

FUND - G/L ACCOUNT

ACCOUNT TITLE

2025/2026
PREVIOUSLY
APPROVED
BUDGET

2025/2026
PROPOSED
AMENDMENT

2025/2026 NEW
AMENDED
BUDGET
DESCRIPTION

001 - General Fund
Beginning Balance
Revenues/Resources:

Increase/(Decrease) in Revenues/Resources

-

Expenditures/Uses:
001-4101-521-20-10-000
001-4101-521-20-20-000
001-4101-521-20-22-000

Salaries and Wages
Personnel Benefits
Retirement Benefits

4,179,122
1,161,713
444,491

266,898
39,191
23,911

Increase/(Decrease) in Appropriations

330,000

Ending Fund Balance

(330,000)

4,446,020 Retroactive Compensation
1,200,904 Retroactive Compensation
468,402 Retroactive Compensation

104 - Park Impact Fund
Beginning Balance
Revenues/Resources:

104-0000-345-85-00-000

Parks (Undistributed)

200,000

Increase/(Decrease) in Revenues/Resources

938,533

Correction to 8-18-26 Amendment - Recognize
1,138,533 Park Impact Fee Revenue Collected in 2026

938,533

Expenditures/Uses:

Increase/(Decrease) in Appropriations

-

Ending Fund Balance

938,533

401 - Water/Sewer Operating Fund
Beginning Balance
Revenues/Resources:

401-0000-367-00-01-126

Tiegs Contribution - Water Right S4-33044(B2)

-

Increase/(Decrease) in Revenues/Resources

123,895

Recognize Revenue Tiegs LLC for the LCR Water
123,895 Right S4-33044(B2) with Department of Ecology

123,895

Expenditures/Uses:

401-7100-534-80-41-126

Department of Ecology - Water Right S4-33044(B2)
Increase/(Decrease) in Appropriations
Ending Fund Balance

-

123,895

123,895 For LCR Water Right S4-33044(B2)

123,895
-

1

Page 50 of 80

CITY OF WEST RICHLAND
ORDINANCE NO. __-26
AN ORDINANCE OF THE CITY OF WEST RICHLAND, WASHINGTON
AMENDING THE BUDGET FOR THE CITY FOR THE BIENNIUM ENDING
DECEMBER 31, 2026.
WHEREAS, on November 3, 2026, the City Council of the City of West Richland
considered the budget for the City for the biennium ending December 31, 2026; and
WHEREAS, the City Council having made such adjustments and changes as it deemed
necessary and proper, and it appears in the best interests of the City;
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF WEST RICHLAND,
WASHINGTON, do ordain as follows:
Section 1.
The 2025/2026 Biennial Budget for the City of West Richland is hereby
amended.
Section 2.
The following accounts contained in the 2025/2026 Budget are hereby
amended as set forth in Exhibit “A”.
Section 3.

The explanations of the amendments are listed in Exhibit “B”.

Section 4.
This ordinance shall be in full force and effective five days following the
date of its official publication of the City.
PASSED BY THE CITY COUNCIL OF THE CITY OF WEST RICHLAND,
WASHINGTON, this 3rd day of November, 2026.

ATTEST:
_________________________________

_____________________________

Stephanie Haug, City Clerk

Fred Brink, Mayor

APPROVED AS TO FORM:
_________________________________
Jessica Foltz, City Attorney

Page 51 of 80

WEST RICHLAND AGENDA ACTION ITEMS
Agenda Item:

10a

Type Of Action:

Meeting Date:

11/3/2026

Execute Contract

☐

Consent Agenda

☐

Pass Resolution

☐

Public Hearing

Subject:

ORD. __-26: Interim Official Control –
Data Centers

☐

Pass Ordinance

☒

1st Discussion

☒

Pass Motion

☐

2nd Discussion

☐

☐

Recommend With
Comments (See
☐
Below):

Strategic Focus
Area:

SFA#1- Goal 4-Create development policy
codes appropriate to achieve city vision
relative to support commercial and
residential development.

Prepared By:

Eric Mendenhall, Community and
Economic Development Director

Reviewed By:

Frederick Brink, Mayor

Subcommittee
Information:

David Fetto (Chair), David Cole, John
Smart

Recommend
Approval (Do Pass)

SUGGESTED MOTION: I move to approve Ordinance XX-26 establishing interim development regulations for data
centers.
ATTACHMENTS:
a. ORD XX-26
BACKGROUND INFORMATION:
Data centers became a permitted use following a zoning code text amendment request submitted by Frank Tiegs, LLC, on
January 13, 2025. The City Council approved the request under Ordinance 03-26 on February 18, 2025.
Since that time, data centers have received increased national media attention, particularly regarding their potential
impacts on local communities. Concerns related to noise, lighting, air emissions, traffic, water and energy consumption,
and the potential for increased costs to be passed on to residents and businesses have been raised through public
comments at City Council meetings, email communications, and petitions submitted to the city.
Although existing City codes and the State Environmental Policy Act (SEPA) address many of these concerns and establish
requirements intended to ensure that development mitigates their impacts and bears its associated costs, public concern
regarding the potential impacts of data centers remains.
In anticipation of a potential data center project application, the Mayor and City Council have directed staff to review
existing regulations and develop additional regulatory protections beyond those provided by current codes.
With input from land use attorneys Ken Harper and Jennifer Robertson, staff has drafted interim official controls for City
Council consideration and adoption. If adopted, the interim controls would remain in effect for up to six months, allowing
time for the required public process and review by the Washington State Department of Commerce. Within six months it
is anticipated that the city will take action to either adopt the proposed regulations, modify them for adoption, extend
the timing, or repeal the interim official controls and revert back to current regulations.
The public hearing for the interim official controls and ordinance will be scheduled to occur within 60 days.

Page 52 of 80

SUMMARY:
The City is proposing to adopt an ordinance amending the West Richland Municipal Code as follows:
(1) Amending Title 17 and amending Chapter 9.38 to establish specific development regulations for data centers, prohibit
data centers in the Light Industrial zoning district, prohibit crypto currency mining in all districts and remove a noise
exemption.
The proposal is an interim official control (aka moratorium) that will establish temporary regulations on this type of
development and allow staff, Planning Commission, and the City Council time to review this use, its impacts, and to allow
for public process and input.
STAFF RECOMMENDATION:
Staff recommends Council adopt the proposed Interim Development Regulation as proposed.
SUBCOMMITTEE CONCERNS/COMMENTS:
Reviewed on October 28, 2026. Their recommendation did not occur prior to print and will be presented at the council
meeting.
FISCAL IMPACT (Indicate amount, fund, and impact on budget):
Staff time, attorney costs, and any potential study(ies) requested by Council.

Page 53 of 80

CITY OF WEST RICHLAND
ORDINANCE NO.
-26

---

AN ORDINANCE OF THE CITY OF WEST RICHLAND, WASHINGTON, ADOPTED PURSUANT TO RCW 35A.63.220
AND RCW 36.70A.390, ADOPTING AN INTERIM OFFICIAL CONTROL TO AMEND CERTAIN DEVELOPMENT
REGULATIONS, AMENDING TITLE 17 AND CHAPTER 9.38 OF THE WEST RICHLAND MUNICIPAL CODE TO
ESTABLISH SPECIFIC DEVELOPMENT STANDARDS FOR DATA CENTERS, PROHIBITING DATA CENTERS IN
THE LIGHT INDUSTRIAL ZONING DISTRICT, ALLOWING DATA CENTERS IN THE MIXED-USE/LIGHT
INDUSTRIAL ZONING DISTRICT, PROHIBITING CRYPTO CURRENCY MINING IN ALL ZONING DISTRICTS, AND
REMOVING A NOISE EXEMPTION; AMENDING ORDINANCE NO. 07-26 TO CORRECT SCRIVENER’S ERRORS,
AMENDING SECTIONS 2.2 AND 2.3 OF EXHIBIT “A” TO CORRECT THE REFERENCE TO THE APPLICABLE
LAND USE MATRIX; ADOPTING FINDINGS OF FACT IN SUPPORT OF THIS ORDINANCE; PROVIDING FOR
PROSPECTIVE APPLICATION AND VESTED RIGHTS AND INTERPRETIVE AUTHORITY; SETTING A PUBLIC
HEARING AS REQUIRED BY STATE LAW; DIRECTING THE PLANNING COMMISSION TO DEVELOP
PERMANENT REGULATIONS; DECLARING AN EMERGENCY; AND PROVIDING FOR SEVERABILITY,
CORRECTIONS, PUBLICATION, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, there is recent interest in developing one or more data centers in the City of West Richland; and
WHEREAS, the City has not previously developed a set of regulations to address the development of data centers and ensure
that any data center development is consistent with the City’s comprehensive plan, mitigates impacts and addresses impacts on utilities,
noise, air, land, and water; and
WHEREAS, data centers may have significant impacts on surrounding property, on utilities (electrical, water, sewer, and storm
water), and on public services; and
WHEREAS, the mayor has requested staff to develop interim development regulation for data centers, and will allow staff and
the City Council to have additional time to review the regulations to address data center facilities in the Mixed-Use Light Industrial and
Light Industrial zones within the City; and
WHEREAS, staff has been working on gap analysis of the code as it relates to data centers and public concern and has been
working on development standards to address those concerns; and
WHEREAS, in order to prepare for a data center development, certain codes need updating and performance standards for
these types of development should be adopted such that these standards are in place should any applications be submitted while the
City continues to review this issue; and

11342327.3 - 371976 - 0007
Page 54 of 80

WHEREAS, within the express terms of the Growth Management Act, chapter 36.70A RCW, and RCW 35A.63.220, the
Washington State Legislature has conferred upon the governing bodies of Washington cities the authority to adopt moratoria and
interim official controls relating to land use and zoning; and
WHEREAS, the City possesses land use jurisdiction and regulatory authority over its incorporated lands under its police power
as set forth, for example, in Article XI, Section 11 of the Washington State Constitution; and
WHEREAS, the City Council and the Planning Commission will undertake review, study, public outreach and the development
of permanent regulations during the period that this interim official control is in effect; and
WHEREAS, pursuant to RCW 35A.63.220, the City Council will conduct a public hearing on the interim development regulation
contained within this Ordinance within 60 days and may adopt additional findings of fact justifying this action immediately after said
public hearing; and
WHEREAS, in order to ensure that applications for data center development do not vest to the City's existing development
standards before the City can study, consider, and adopt permanent regulations, the City Council deems it in the public interest to
adopt an interim official control; and
WHEREAS, the interim official control imposed by this Ordinance promotes the public good and is necessary for the protection
of public health, safety, property, and welfare;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST RICHLAND, WASHINGTON, does hereby ordain as
follows:
SECTION 1: Findings of Fact. The recitals set forth above are hereby adopted as the City Council’s initial findings of fact in
support of the interim official control established by this ordinance. The City Council may, in its discretion, adopt additional findings
after the public hearing referenced in Section 7 below.
SECTION 2: Interim Official Control Imposed. As authorized by the police powers of the City as set forth, for example, in
Article XI, Section 11, of the Washington State Constitution, and pursuant to statutory authority set forth, for example, in RCW
36.70A.390 and RCW 35A.63.220, the City hereby imposes an interim official control, as described in Sections 3 through 6, to amend
the West Richland Municipal code as set forth therein.

11342327.3 - 371976 - 0007
Page 55 of 80

SECTION 3: Section 17.13.030 of the West Richland Municipal Code, “Commercial Land Use Matrix” is hereby amended to
read as follows:
“17.13.030 Commercial land use matrix.
Use

Neighborhood
Commercial
(C-N)

Commercial
Limited (C-L)

Commercial
General (C-G)

Mixed
Use
Downtown
Commercial
Mixed
Light Industrial Commercial
Mixed
Use Light Industrial
Transition
(LI)
Core
(D-MU)
(C-LI)
(MU-T)
(MU-CC)

Accessory buildings

S

S

S

S

S

S

S

S

S

Accessory dwelling units

-

-

-

-

-

-

-

S1

-

Adult-family home

-

-

-

P

-

-

P

P

-

Adult use businesses

-

-

C

-

C

-

-

-

-

Agri-chemical distributors

-

-

-

-

-

P

-

-

P

Airports and heliports

-

-

-

-

-

C

-

-

C

All uses of land, buildings, and
structures or industrial processes that
are noxious or injurious by reason of
production or emission of dust,
smoke, or refuse matter, odor, gas
fumes, noise, vibration or substances

-

-

-

-

C

-

-

C

Amusement parks

-

-

C

-

C

C

C

-

C

Animal clinics/veterinary hospitals

-

-

P

C

P

-

P

P

Animal control facilities (indoor)

-

-

C

-

C

P

C

C

P

Animal control facilities (outdoor)

-

-

-

-

-

C

-

-

C

Art studios/ Artist Workplace

P

P

P

P

P

-

P

P

P

Automobile parking

S

S

S

S

S

S

S

S

S

Automobile, motorcycle, horse, and
dog racing tracks

-

-

-

C

C

-

-

C

Automotive
collision
including paint booths

-

C

-

-

P

P

-

-

P

Automotive
collision
repair,
provided, that paint booths are not allowed

C

C

-

-

-

C

C

-

repair,

Use Mixed Use Light
Industrial
(MU-LI)

11342327.3 - 371976 - 0007
Page 56 of 80

Commercial
Limited (C-L)

Commercial
General (C-G)

Mixed
Use
Downtown
Commercial
Mixed
Light Industrial Commercial
Mixed
Use Light Industrial
Transition
(LI)
Core
(D-MU)
(C-LI)
(MU-T)
(MU-CC)

Automotive repair and maintenance,
under hood and under car

P

P

C

P

P

P

P

P

Banks, including automatic teller
P
machines

P

P

P

P

-

P

P

-

Bed and breakfast facilities

S

-

-

S

-

-

C

C

-

Blacksmith, welding, or other metal
shops, excluding bunch presses over
20 tons rated capacity, drop
hammers and the like

-

-

-

-

P

-

-

P

Carnival/fair (temporary)

-

C

C

C

C

C

C

C

C

Carwashes, automatic, full-service,
and self-service

C

P

-

P

S

P

P

S

Cemetery

-

-

-

-

-

-

-

-

-

Churches and similar places of
worship
-

P

P

P

-

-

P

P

-

Churches and similar places of
worship where off-street parking is P
provided

-

-

-

-

-

P

P

-

City parks and/or open space areas,
including conservation sites, and P
activities associated with such uses

P

P

P

-

-

P

P

-

P

P

-

-

-

P

P

-

P

P

P

P

-

P

P

-

Colleges, universities, specialty
schools operated for profit, and
schools not otherwise defined, C
including
portable
school
classrooms

C

C

-

P

-

C

-

-

Commercial coaches for temporary
uses
-

-

S

-

P

-

S

-

-

Commercial coaches in association
with an existing building or use.
-

-

-

-

S

S

-

-

S

Neighborhood
Commercial
(C-N)

Use

Clinics
Clubhouses
P

Use Mixed Use Light
Industrial
(MU-LI)

11342327.3 - 371976 - 0007
Page 57 of 80

Commercial
Limited (C-L)

Commercial
General (C-G)

Mixed
Use
Downtown
Commercial
Mixed
Light Industrial Commercial
Mixed
Use Light Industrial
Transition
(LI)
Core
(D-MU)
(C-LI)
(MU-T)
(MU-CC)

Commercial entertainment and event
uses (such as stadiums, auditoriums, exhibition halls)

-

P

C

C

-

P

P

-

Commercial parking lot

-

C

C

C

-

C

C

C

C

C

C

C

-

C

C

-

Neighborhood
Commercial
(C-N)

Use

-

Community centers
-

Use Mixed Use Light
Industrial
(MU-LI)

Community recreation facilities

-

-

C

-

-

-

C

C

-

Contractors, plant or storage yards

-

-

-

-

-

P

-

-

P

Convenience store or mini-market

P

P

-

P

P

-

P

P

S

Cottage Housing

-

-

-

-

-

-

-

P

-

Creameries,
bottling,
ice
manufacturing and cold storage plants

-

P

-

-

P

-

-

P

Crypto currency mining

-

-

-

-

-

-

-

-

-

Data centers

-

-

-

-

-

P

-

-

P

Day care centers and mini-day care
P
centers

P

P

C

C

-

P

P

-

Duplexes, with a minimum of 420
square feet finished living space

-

-

P

-

-

-

P

-

Duplexes; provided, that each
dwelling unit has a minimum of 420 square feet finished living space

-

-

-

-

-

-

P

-

Electric vehicle charging stations

P

P

P

P

P

P

P

P

P

Events which may have a large
neighborhood impact as determined by administrator

-

-

-

-

-

-

-

-

Family day care provider

-

-

-

P

-

-

P

P

Festivals

-

-

C

C

C

C

C

C

C

Fire stations

P

P

P

P

P

P

P

P

P

11342327.3 - 371976 - 0007
Page 58 of 80

Use

Neighborhood
Commercial
(C-N)

Commercial
Limited (C-L)

Commercial
General (C-G)

Mixed
Use
Downtown
Commercial
Mixed
Light Industrial Commercial
Mixed
Use Light Industrial
Transition
(LI)
Core
(D-MU)
(C-LI)
(MU-T)
(MU-CC)

Food processing

-

-

-

-

P

P

-

-

P

Food vending vehicles

-

-

P

P

P

P

P

P

P

Foundries casting nonferrous metals
or electric foundries not causing noxious fumes or odors

-

-

-

-

P

-

-

P

Garden nurseries and landscape
garden centers with storage area for equipment and materials

C

C

-

C

P

C

C

P

Gas stations

-

C

P

P

P

P

P

P

P

Golf courses

-

-

-

-

-

-

-

C

-

Growing fruits, vegetables, grains,
flowers and field crops.

-

-

-

-

-

-

-

-

Home occupation, large-scale

-

-

-

C

-

-

P

P

-

Home occupation, small-scale

-

-

-

S

-

-

P

P

-

Heavy machinery sales and service

-

-

C

-

P

P

C

C

P

Hobby agriculture

-

-

-

-

-

-

-

-

-

Hospitals

-

P

P

-

-

-

P

P

-

Hotels and motels

-

C

P

P

P

-

P

P

-

Junkyards, automobile wrecking
yards, scrap paper or rag storage, sorting or baling

-

-

-

-

C

-

-

C

Large domestic animals

-

-

-

-

-

-

-

-

-

Laundromats

-

P

P

-

P

P

P

P

P

-

-

-

-

P

P

-

-

P

Live/work

-

-

-

-

-

-

P

P

S

Lumber or building material sales

-

C

P

-

P

-

P

P

P

Light
Industrial
Commercial Uses

Secondary

Use Mixed Use Light
Industrial
(MU-LI)

11342327.3 - 371976 - 0007
Page 59 of 80

Commercial
Limited (C-L)

Commercial
General (C-G)

Mixed
Use
Downtown
Commercial
Mixed
Light Industrial Commercial
Mixed
Use Light Industrial
Transition
(LI)
Core
(D-MU)
(C-LI)
(MU-T)
(MU-CC)

Lumber or building material storage
yards, secondary to an on-site retail use

-

C

-

-

-

C

C

P

Machine shops

-

-

C

-

-

P

C

C

P

Major utility facilities

P

P

P

P

P

P

P

P

P

Manufactured home park offices
and/or
community
facilities, including swimming pools

-

-

-

-

-

-

-

-

Manufactured home sales

-

-

P

-

C

-

P

C

C

Manufactured homes

-

-

-

P

-

-

-

P

-

Microbreweries

P

-

P

P

P

P

P

P

P

Mining and/or temporary rock
crushing activities, related to on- or
off-site
construction
or
site
preparation activities

-

-

-

-

C

-

-

-

Minor utility facilities

P

P

P

P

P

P

P

P

P

Movie theaters

-

C

P

-

P

-

P

P

-

Multifamily
dwellings
which
contain not less than 420 square feet
of finished living space per dwelling
unit

-

-

P

-

-

P

P

-

Municipal office buildings

P

P

P

P

P

-

P

P

P

Museums

-

C

P

P

C

-

P

P

-

New and used care sales/repair

-

-

P

-

C

-

P

P

C

Off-site hazardous waste treatment,
transfer, and storage facilities

-

-

-

-

C

-

-

C

One single-family detached dwelling
with not less than 1,000 square feet of finished living space

-

-

-

-

-

-

-

-

Neighborhood
Commercial
(C-N)

Use

Use Mixed Use Light
Industrial
(MU-LI)

11342327.3 - 371976 - 0007
Page 60 of 80

Commercial
Limited (C-L)

Commercial
General (C-G)

Mixed
Use
Downtown
Commercial
Mixed
Light Industrial Commercial
Mixed
Use Light Industrial
Transition
(LI)
Core
(D-MU)
(C-LI)
(MU-T)
(MU-CC)

One single-family detached dwelling
with not less than 420 square feet of finished living space

-

-

-

-

-

-

-

-

On-site hazardous waste treatment
and storage

-

C

-

C

C

C

C

C

Outdoor concerts

-

-

C

C

-

P

C

C

P

Parish or clergy houses and religious
education buildings

P

P

P

-

-

P

P

-

Park and ride facilities

-

-

C

-

C

-

C

C

C

Parking lot – private

S

S

S

-

S

-

S

S

S

Performing arts theaters

-

C

P

C

P

-

P

P

-

Permitted special events

-

-

-

-

-

-

-

-

-

Personal services

P

P

P

P

P

P

P

P

P

Post offices

P

-

P

P

P

P

P

P

P

Power generation facilities

-

-

-

-

-

C

-

-

C

Private nursery schools

C

C

P

C

C

C

P

P

C

Private small wind energy systems

-

-

-

S

-

-

-

-

P

Professional offices

P

P

P

P

P

P

P

P

P

Public agriculture school facilities

-

C

-

-

-

-

-

-

-

Public and private elementary,
middle, and high schools, including C
portable school classrooms

C

C

C

C

C

C

C

-

Public library

-

C

P

-

P

-

P

P

-

Public parks and playgrounds

P

P

P

P

P

P

P

P

P

Public school support facilities

-

-

P

-

P

P

P

P

P

Neighborhood
Commercial
(C-N)

Use

Use Mixed Use Light
Industrial
(MU-LI)

11342327.3 - 371976 - 0007
Page 61 of 80

Commercial
Limited (C-L)

Commercial
General (C-G)

Mixed
Use
Downtown
Commercial
Mixed
Light Industrial Commercial
Mixed
Use Light Industrial
Transition
(LI)
Core
(D-MU)
(C-LI)
(MU-T)
(MU-CC)

Recreation buildings or areas
operated by membership clubs for
C
the benefit of members and not for
gain

-

C

C

P

-

C

C

P

Recreation camps

-

-

-

-

-

-

-

-

-

Recreational vehicle parks

-

-

C

-

C

-

-

-

C

Recreational vehicle sales/repair

-

-

P

-

C

-

P

P

P

Recycling or donation drop-off
containers (unattended)

-

P

S

S

S

S

S

S

Recycling processing facilities

-

-

-

-

-

P

-

-

P

Residential care facility

-

-

-

-

-

-

P

P

-

Residential use secondary to a
business
enterprise
provided
dwelling unit has a minimum of 420
square feet of finished living space,
S
and the dwelling is constructed in
compliance with the International
Fire Code and International Building
Code

S

S

S

S

-

S

S

S

Restaurants and cafes (with drivethrough)

C

P

P

P

-

P

P

C

Restaurants and
drive-through)

P

P

P

P

P

-

P

P

S

Retail businesses operating in a
building space that exceeds 15,000
square feet in area, upon the finding
that the proposed retail business C
primarily serves and is appropriately
located within the surrounding
residential neighborhood

-

-

-

-

-

P

P

-

Retail, sales, and service businesses P

P

P

P

P

S

P

P

S

Retail, sales and services businesses,
where the gross square footage of
any building exceeds 50,000 square
feet.

-

C

-

-

-

C

C

-

Neighborhood
Commercial
(C-N)

Use

cafes

(without

Use Mixed Use Light
Industrial
(MU-LI)

11342327.3 - 371976 - 0007
Page 62 of 80

Commercial
Limited (C-L)

Commercial
General (C-G)

Mixed
Use
Downtown
Commercial
Mixed
Light Industrial Commercial
Mixed
Use Light Industrial
Transition
(LI)
Core
(D-MU)
(C-LI)
(MU-T)
(MU-CC)

Retirement
centers/convalescent
homes, assisted living centers

-

P

-

-

-

P

P

-

Service stations

-

-

P

P

P

-

P

P

P

Single-family residences with not
less than 420 square feet of finished living space

-

-

P

-

-

-

-

-

Small domestic animals

-

-

-

S

-

-

-

S

-

-

-

C

-

-

-

C

-

P

-

-

-

-

-

-

-

P

-

Storage and similar facilities for use
of manufactured home park residents only

-

-

-

-

-

-

-

-

Storage
units/ministorage/recreational vehicle and boat storage

-

-

-

-

-

-

-

-

Swimming pools

-

-

-

S

-

-

-

S

-

Taverns and cocktail lounges

-

-

P

P

P

-

P

P

-

Temporary/seasonal outdoor public
markets

-

P

C

C

-

C

C

C

Townhouses/rowhouses/singlefamily attached

-

-

-

P

-

-

-

P

-

Transmission lines

C

C

C

C

C

C

C

C

C

Undertaking establishments

-

C

P

-

P

-

P

P

P

Vehicle and vessel body shops

-

-

-

-

P

-

-

-

P

Warehousing and distributing

-

-

-

-

P

P

-

-

P

Warehousing up to 2,000 square foot
building

C

-

-

-

-

-

-

P

Waste transfer stations

-

-

-

-

C

-

-

C

Neighborhood
Commercial
(C-N)

Use

Small-scale food
manufacturing

and

beverage

Stacked flats

-

Use Mixed Use Light
Industrial
(MU-LI)

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Use

Neighborhood
Commercial
(C-N)

Commercial
Limited (C-L)

Commercial
General (C-G)

Mixed
Use
Downtown
Commercial
Mixed
Light Industrial Commercial
Mixed
Use Light Industrial
Transition
(LI)
Core
(D-MU)
(C-LI)
(MU-T)
(MU-CC)

Wholesale business

-

-

P

-

P

P

P

-

P

Wine tasting rooms

-

-

-

P

-

-

P

P

P

Wine tasting/sales

-

-

P

P

P

P

P

P

P

Wineries

-

-

P

P

P

P

P

P

P

Wireless communication facilities

C

C

C

-

C

C

C

C

C

Wireless communication facilities
P
(co-location with another facility)

P

P

P

P

P

P

P

P

Use Mixed Use Light
Industrial
(MU-LI)

SECTION 4: Section 9.38.030 of the West Richland Municipal Code, “Exemptions”, is hereby amended to delete subsection “A”
and shall read as follows:

9.38.030 Exemptions.
The following shall be exempt from the provisions of WRMC 9.38.020:
A. Noise from existing industrial installations which, over the previous two-year period, have operated in excess of 16 hours per
day and which noise is a consequence of process necessity and/or demonstrated routine normal operations.
A. Noises originating from silvicultural/forestry activity or on-farm agricultural activities.
B. Noises created by emergency equipment operated by, including, but not limited to, law enforcement, fire department, public
works or medical emergency personnel.
C. Noises from solid waste collection from single-family residences, multifamily complexes and mixed-use buildings between the
hours of 6:00 a.m. to 6:00 p.m., Monday through Friday.
D. Noises from solid waste collection from commercial customers (excluding customers located within a mixed-use building) daily
between the hours of 5:00 a.m. to 6:00 p.m., with the exception of those commercial customers located near single-family
residences, multifamily complexes and mixed-use buildings, which solid waste collection shall be made only between the hours
of 6:00 a.m. to 6:00 p.m., Monday through Friday. The public works director or designee shall give solid waste contractor written
notice of which commercial customers are located near single-family residences, multifamily complexes and mixed-use
buildings that shall be subject to residential collection hours.

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E. Noise emissions from events (events may be up to four consecutive days per event) per calendar year at the Red Mountain
Event Center as follows:
1. Up to five racing events between 9:00 a.m. to 10:00 p.m.
2. Up to five nonracing events between 9:00 a.m. to 10:00 p.m., with two permitted to extend the time between 9:00 a.m.
to 11:00 p.m.”
SECTION 5: A new Chapter 17.60 “Data centers” is hereby added to the West Richland Municipal Code to read as follows:

17.60 Data center.
17.60.010 Purpose and Applicability. This section applies to all data center uses within the City of West Richland. The Standards
set out in this section are intended to protect public infrastructure; mitigate water, wastewater, air quality, noise, and operational
impacts; provide objective and measurable criteria for project review; and preserve the City’s ability to establish project-specific
requirements at the time of application and approval.
17.60.020. Administration.
1. These Standards shall be implemented through land use approvals, development approvals, utility service approvals, development
agreements, and related permit conditions. The City may, through a development agreement adopted under RCW 36.70B.170
through 36.70B.210, and consistent with Chapter 14.08 WRMC, enter into a development agreement that establishes the
development standards and other provisions that shall apply to, govern and vest the development. The development standards,
mitigation, and conditions set forth in such development agreement shall govern the project and shall control over any conflicting
provision of this section for the term of the agreement.
2. The City Administrator, Community Development Director, Public Works Director, Building Official, and other authorized City
officials may require technical studies, operating data, and project-specific thresholds necessary to administer the standards set
out in this section consistent with applicable law.
3. Administration and enforcement of this section shall be conducted in accordance with the definitions and classifications set forth
in subsection C. In the event of ambiguity, the City shall apply a functional and impact-based interpretation consistent with the
purpose of this section. Interpretations of this section shall be issued in writing by the Community Development Director and are subject to
administrative appeal under Chapter 14.06 WRMC.

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17.60.030 Definitions.
1. Cooling System Definitions. The definitions and classifications of cooling technologies herein are derived from the American
Society of Heating Refrigeration and Air Conditioning Engineers (ASHRAE) Handbook—HVAC Systems and Equipment, ASHRAE
TC 9.9 Li.
a. Air-Cooled (Dry) System. “Air-Cooled System” means a cooling system that rejects heat to ambient air without the
use of evaporative water consumption for heat rejection, including but not limited to air-cooled chillers, dry coolers,
and air-side economizers.
b. “Closed-Loop Cooling System” means a cooling system in which a working fluid is continuously recirculated within a
contained loop to remove heat from equipment, with heat rejected through non-evaporative means and without routine
discharge of process water. A system shall not be considered a Closed-Loop Cooling System if it utilizes any
evaporative heat rejection or requires routine, periodic, or condition-based discharge of process water as part of normal
operation. Initial system fill, periodic make-up water to replace minor losses, and infrequent drain-down of the loop for
maintenance, repair, or water quality management, shall not disqualify a system from classification as a Closed-Loop
Cooling System.
c. Evaporative Cooling System. “Evaporative Cooling System” means any cooling system that rejects heat through the
evaporation of water, including but not limited to cooling towers, evaporative condensers, and hybrid systems that
utilize evaporation as part of normal or peak operation.
d. Adiabatic Cooling System . “Adiabatic Cooling System” means a cooling system that enhances heat rejection by
evaporating water into an airstream to reduce air temperature prior to or during heat exchange, including systems that
intermittently apply water to cooling media, coils, or air intake streams. For purposes of these Standards, an Adiabatic
Cooling System shall be considered an Evaporative Cooling System, regardless of whether water use is continuous
or intermittent. The classification of an Adiabatic Cooling System as an Evaporative Cooling System shall apply
regardless of manufacturer characterization, system design intent, or frequency of water use.
2. “Crypto currency mining” means the operation of specialized computer equipment for the primary purpose of adding, securing, or
verifying transactions to a blockchain or mining one or more blockchain-based cryptocurrencies such as Bitcoin.”
3. “Data Center” means a facility used for the housing of computer systems, servers, and associated components for data
processing, storage, and distribution, including supporting mechanical, electrical, and cooling infrastructure. This definition
includes hyperscale data centers, colocation facilities, and similar high-density computing uses.
a. “Cloud-based” means scalable and flexible, allowing companies to adjust resources depending on Artificial Intelligence
(AI) workload demand.

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b. “Hybrid” means provides the scalability of a Cloud-based Data center, while offering control like an On-Premises data
center by being housed in the company’s infrastructure.
c. “Hyperscale” means a facility that has a maximum aggregate contract demand of 20MW or more and is primarily
engaged in providing a service described under code 518210 of the 2022 North American Industry Classification
System.
d. “Modular” means facilities that are preconstructed and can be readily moved between locations. Modular data centers
are typically constructed with, but not limited to, shipping containers, corrugated metal containers, and conex boxes.
Modular data centers are prohibited.
e. “On-Premises” means privately owned and operated by a single organization and housed with the organization’s
infrastructure, offering complete control over hardware and data security.
f.

“Retail data centers” lease space and equipment in the data center to multiple companies or to a single company with
turnkey data center service. The data center operator provides day-to-day operational services.

g. “Wholesale Data Center” means the leasing of space in a data center building to multiple companies or more commonly
a single company, but provides only the space within the data center and power. The lessee provides, operates, and
maintains the computing infrastructure it needs.
h. “High-Density Computing Uses” means the utilization of compact spaces and racking where hardware utilized for data
processing operates with power consumption above 50 kW per rack.
1) “Data Center Campus” includes all of the structures and real estate owned, controlled, leased or otherwise occupied primarily for
the use and purposes as Data Center(s) including (i) Data Center(s); (ii) Data Center Accessory Uses; and (iii) all other systems,
equipment, piping, conduit, and other ancillary equipment, structures, and other appurtenances that are incidental to and/or
needed for the construction, support, operation, repair, maintenance, and/or protection of the Data Center(s) and/or the data center
campus.
2) Water and Wastewater Definitions
a) “Process Water” means water used for mechanical, cooling, or industrial purposes, including any water used for heat rejection,
equipment operation, or water treatment processes, but excluding domestic uses such as restrooms and breakroom facilities.
b) “Process Wastewater” means any wastewater generated from Process Water, including but not limited to cooling tower
blowdown, reverse osmosis reject streams, or water containing treatment chemicals, elevated total dissolved solids, or other
non-domestic characteristics. Process Wastewater shall be regulated as industrial wastewater for purposes of discharge
approval, pretreatment, and utility rate classification, unless expressly determined otherwise by the City.

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c) “Domestic-Strength Wastewater” means wastewater with characteristics substantially similar to typical residential sanitary
sewage, as determined by the City based on biochemical oxygen demand (BOD), total suspended solids (TSS), and other
applicable parameters.
3) Performance Metrics
a) Water Use Effectiveness (WUE). “Water Use Effectiveness (WUE)” means the ratio of annual site water usage to annual IT
equipment energy consumption, expressed in liters per kilowatt-hour (L/kWh), as defined by industry standards including The
Green Grid. The annualized WUE target established in WRMC 17.60.060 is an enforceable and binding standard. Any
volumetric water use limit or condition imposed by the City will derive from, and be consistent with, the applicable WUE target
and will allow for other types of cooling technology that meet the WUE target.
7. “Standards” means the conditions and performance standards for data centers contained in this chapter as well as other legal
standards applicable to such development.
8. Classification and Interpretation
a. Functional Classification of Cooling Systems. For purposes of these Standards, any cooling system that utilizes the evaporation
of water for heat rejection, whether on a continuous, intermittent, or emergency basis, shall be classified as an Evaporative
Cooling System, regardless of how such system is described by the operator. Classification shall be based on actual or potential
system operation under any mode, including peak, backup, emergency, or optimized conditions.
b. Determination by City. In the event of ambiguity, dispute, or technological variation, the City Engineer or Public Works Director
shall have the authority to determine the applicable classification of any cooling system, water use, or wastewater characteristic
based on the system’s functional operation, water consumption, and discharge profile. Such determination shall be final and
controlling for purposes of compliance, permitting, utility service, and enforcement, unless modified by formal action of the City.
17.60.040 Data Center Accessory Use
1. Ancillary uses or structures secondary and incidental to a Data Center Use. Accessory uses secondary and incidental to a data
center are allowed, including but not limited to:
a. Back-Up Energy Generation;
b. Administrative use and space;
c. Security;
d. Fiber optic line;
e. Utility lines;
f.

Electrical substations;

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g. Domestic and non-contact cooling water and wastewater treatment facilities;
h. Water towers;
i.

Pump stations;

j.

Heating, ventilation, air condition, and cooling towers; or

k. Electrical generation from nuclear, fuel cell, or solar power.

17.60.050 Cooling technology requirements.
1. Permitted Cooling Methods. Data center facilities may utilize Air-Cooled, Closed-Loop Cooling, Evaporative Cooling, Adiabatic
Cooling Systems, or any other cooling technologies that meet WRMC 17.60.060.
2. Change in Cooling Technology. Any change in cooling method after approval, including retrofit, replacement, or operational
modification, requires prior written approval of the City if new method exceeds WRMC 17.60.060(1), including any change that
would increase water use, introduce evaporative processes, or alter wastewater characteristics as required in WRMC 17.60.070(2).
3. Certification. Prior to issuance of a certificate of occupancy, the applicant shall provide engineer-of-record certification confirming
that the installed cooling system complies with these Standards and approved plans.
17.60.060 Water use standards.
1. Project-Specific Water Limits. The project Water Usage Effectiveness (WUE) shall be 0.20 L/kWh of IT energy, measured on a
rolling twelve-month basis beginning twelve months after issues of the final certificate of occupancy, excluding domestic water use,
fire suppression testing, and initial system fill. No cooling method is required or prohibited; a data center operator may employ any
cooling technology or combination of technologies, provided the facility meets the WUE standard of this section. The 0.20 L/kWh
WUE target shall be an enforceable and binding condition of approval and of water utility service from the City. Proposals shall not
create materially adverse impacts on the capacity, reliability, or availability of water to other West Richland service users.
2. Water Use Effectiveness Reporting. The applicant shall report annual Water Use Effectiveness (WUE) in a form acceptable to the
City. The report shall detail the source of water supply, impact to the municipal water system, as well as closed-loop cooling and
discharge quality. Compliance with any WUE benchmark shall not supersede or replace volumetric limits established by the City.
Failure to report WUE when required may constitute a violation of these Standards and maybe subject to enforcement outlined in
WRMC 1.45 – Code Enforcement).
3. On-Site Water Storage. The City may require on-site storage, operational controls, or other mitigation to address peak-day and
peak-hour demands, emergency conditions, or fire-flow protection.
4. Curtailment. The City may require temporary water curtailment or operational modification during system emergencies or other
conditions affecting public health, safety, or utility reliability, to the extent authorized by law and applicable agreements. Curtailment

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may include mandatory reduction or suspension of operations where necessary to protect public infrastructure. The city will not be
liable for any damages or costs to the data center (WRMC 13.48.010).
5. Water Infrastructure. Applicants shall bear sole responsibility to installations, improvements, upgrades, or repairs to infrastructure
required to service proposals. Applicants shall bear responsibility for studies and designs associated with the development of the
proposal and are responsible for fees associated with any developer-produced studies and designs.
6. Utility Service Agreement Required. Applicants shall be required to enter into a water utility service agreement with the City prior
to any permit approvals.
7. Temporary Exceedance of WUE.
a) Temporary Exceedance Allowed. A temporary exceedance of the applicable Water Use Effectiveness (WUE) standard shall
not constitute a violation of this section when caused by:
i) Facility commissioning or startup activities;
ii) Testing, maintenance, repair, replacement, or inspection of cooling equipment;
iii) Emergency operations necessary to protect life, safety, property, or critical infrastructure;
iv) Utility interruptions, power disruptions, or force majeure events;
v) Abnormally high ambient temperature conditions exceeding design assumptions used for the approved facility; or
vi) Other temporary conditions determined by the City Engineer to be beyond the reasonable control of the operator.
b) Duration. A temporary exceedance shall not exceed (10) cumulative calendar days within any rolling twelve-month period unless
otherwise authorized by the city through a utility service agreement, development agreement, or written administrative approval.
c) Notice. The operator shall provide written notice to the City Engineer within ten (10) business days after becoming aware that
a temporary exceedance has occurred or is reasonably expected to occur. The notice shall identify:
i) The cause of the exceedance;
ii) The anticipated duration;
iii) Measures being taken to minimize water consumption; and
iv) The anticipated date for return to compliance.
d) Return to Compliance. The operator shall return to compliance with the applicable annualized WUE standard as soon as
reasonably practicable. The temporary exceedance period shall be included in annual reporting but shall not be treated as a
violation if the requirements of this subsection are satisfied.
e) Repeated Exceedances. Repeated or recurring exceedances resulting from routine operations, inadequate facility design,
deferred maintenance, or intentional operational practices shall not qualify as temporary exceedances and may be subject to
enforcement under this section.
f) Annualized Compliance. Compliance with the WUE standard shall be determined based on the rolling twelve-month annualized

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WUE calculation established in this section. Temporary exceedances authorized under this subsection shall be evaluated in the
context of the facility's annualized performance and corrective actions.

17.60.070 Wastewater Standards.
1. Project-Specific Discharge Limits. Prior to discharge to the City’s sewer system, the City shall establish project-specific limits set
forth by the Public Works Director or designee for average daily wastewater discharge, peak discharge rate, wastewater
characteristics, and related system impacts. Such limits shall be based on technical reports demonstrating that the limits are
reasonably necessary to comply with applicable law or publicly owned treatment works capacity limitations. Wastewater produced
by proposals shall not exceed existing City operated collection, pumping, treatment, or reuse facilities and infrastructure. Applicants
shall be responsible for fees associated with any City operated wastewater treatment facilities serving the proposal as determined
by any developer agreements.
a. The applicant shall submit an annual analysis of wastewater disposal needs to the city sewer system, indicating the
quantity of wastewater generation expected. Wastewater shall include sewage and water discharged as part of the data
center’s HVAC system.
b. The applicant shall submit documentation certified by the city that the city can support the conveyance and treatment
needed. The applicant will cover all costs of analysis, conveyance, and treatment of its effluent.
2. Domestic Strength Requirement. Wastewater discharge shall comply with the City’s generally applicable pretreatment standards..
The City shall have authority to determine whether wastewater meets pretreatment standards, and the city will make written findings
if it determines that the wastewater does not comply with the City’s pretreatment standards. The City’s determination is subject to
administrative appeal under Chapter 14.06 WRMC.
3. Process Wastewater. Continuous process wastewater discharge is prohibited unless expressly approved by the City. No approval
shall be construed to authorize discharge in violation of applicable pretreatment requirements, utility rules, or state or federal law.
Any unauthorized discharge of Process Wastewater shall constitute a violation subject to enforcement under WRMC 13.96. Any
untreated wastewater generated is prohibited from being discharged to stormwater systems or surface waters.
4. Wastewater Pre-Treatment. Applicants proposing on-site pretreatment of wastewater, applicants shall employ “best-availabletechnology” as determined by the City for all water treatment equipment shall submit an engineering evaluation demonstrating that
the proposed treatment system will achieve compliance with applicable pretreatment standards, including federal categorical
standards (40 CFR Parts 405-471), local limits established by the City code, and prohibiting discharge standards (40 CFR 403.5).
The evaluation shall be prepared by a registered professional engineer.
5. Change in Wastewater Treatment Technology. The City must be notified in writing of any change in wastewater treatment method
after initial system approval, including retrofit, replacement, or operational modification. Prior City approval is required for any

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change in wastewater treatment method that results in either an increase in discharge amounts or a change in the characteristics
of the discharge to the City beyond those approved at the time of City approval to discharge to the City’s system.
6. On-site Treatment Sampling. Applicants shall be required to provide regular on-site sampling of wastewater at a frequency
established in the applicable water services agreement and shall report to the City all results from sampling and monitoring. The
applicant shall provide notices of chemical changes and is required to reimburse the City for reasonable, documented costs
associated with any exceedances of approved discharge limits attributable to the facility.
7. Reclassification. If the wastewater profile of a facility changes, the City may reclassify the discharge for utility, pretreatment, or
enforcement purposes as allowed by law and applicable code provisions. Reclassification may include application of industrial
pretreatment standards and revised utility rates.
8. Industrial Wastewater Reuse Facility. Should the proposed data center’s wastewater production be overburdensome on the city’s
infrastructure by means including but not limited to volume or treatment needs, the applicant may develop an industrial wastewater
refuse facility. All industrial wastewater refuse facilities must be approved by the city and are subject to the reasonably applicable
requirements of this section and all applicable legal standards.
9. Utility Service Agreement Required. Before discharging wastewater to the city’s system, the applicants shall be required to enter
into a wastewater utility service agreement with the City prior to any permit approvals.
17.60.080 Electrical demand and utility coordination.
1. Utility Coordination. The applicant for a data center shall provide the City evidence that they are coordinating with the serving utility
and meet the requirements as set by the utility.
2. The project shall meet or exceed all of the criteria in the most recently adopted International Energy Conservation Code (IECC)
adopted by the State of Washington Building Code Council.
3. The applicant for a data center shall provide an Energy Usage Plan with each land use application. The Energy Use Plan shall
provide or identify, at a minimum:
a. Annual peak and annual average consumption.
b. Energy supply sources that will be utilized.
c. Energy storage capacity (if applicable).
d. Proposed sources of back-up power.
e. Documentation of efforts to maximize use of renewable and/or clean energy for all electrical and cooling needs, including
those to: Reduce the need for new electric generation by incorporating the best available energy efficiency into the design of
data center servers, cooling units, and the building structure:

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i. Evaluate opportunities to use solar arrays on unused roof space to off-set a portion of the demand on the electric
grid and reduce onsite emissions, or, alternatively, demonstrate renewable procurement or on-site (nuclear, fuel
cell, or solar) or off-site renewable generation.
ii. Monitor and report energy efficiency and emissions data to the City on an annual basis.
f.

The Energy Usage Plan will be prepared and certified by a professional engineer. The plan shall be subject to review and
comment by the City. The City shall have the right to require supplemental or amended plans based upon comments to the
City prior to any zoning approval.

17.60.090 On-site energy generation.
1. No Primary Generation. On-site generation, unless the power is supplied by solar, fuel cell, or nuclear, shall not be used as a
primary or continuous power source for routine data center operations.
2. Permitted Backup Generation. Green hydrogen energy and reciprocating internal combustion engine generator (including diesel
generators), built, tested and maintained under NFPA 110 and compliant with federal emissions standards, are allowed solely for
emergency backup power, and during required maintenance, system upgrade testing, standard operating procedures monitoring
testing and to applicable permits and conditions. Backup generation shall not be used for economic dispatch, peak shaving, or
routine load management.
3. Prohibited Backup Generation. The following backup generation is prohibited: Jet blast turbine generators, aero-space jet engine
derivative turbines, and other non-stationary power generation.
4. Operational Limits. Backup generators shall be subject to maintenance and testing, commissioning specific limits on nonemergency run hours, hours of testing, fuel storage, and emissions controls as established by the City and other applicable
permitting authorities. Routine maintenance testing, and commissioning of back-up fossil fuel-powered generators is restricted to
the hours of 9 AM through 3 PM Monday through Friday, excluding holidays. The City may impose stricter limits where necessary
to mitigate noise, air quality, or community impacts, if demonstrated by the acoustic study or air permit.
5. Emission Standards. Generators shall meet emissions requirements of all federal, state and local government agencies as well as
Washington Climate Commitment Act standards.
6. Future Modification. Installation of any generation equipment (except that of like for like replacement due to spares, maintenance,
warranty or failed units) not expressly approved as part of a project application shall require prior City approval.
17.60.100 Air quality compliance.
1. All data center facilities and associated equipment shall comply with all applicable federal, state, and local air quality requirements,
including any applicable requirements of the Benton Clean Air Agency and Washington State Department of Ecology or Clean Air
Act (CAA) other regulatory authority approved by the U.S. EPA. Approval by the City shall not excuse compliance with any
independent permitting requirement. The City may require documentation of applicable air permits and compliance status as a
condition of approval or continued operation.

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17.60.110 Lighting compliance.
Lighting exterior to the building is limited to the most current iteration of the Illuminating Engineering Society(IES) / Dark Sky
International commercial luminaire criteria.
1. Illumination shall meet ANSI/ASHRAE/IES Standard 90.1, Illumination. Emergency egress for emergency illumination and exit
marking governed by NFPA 101 Life Safety Code.
2. Illumination from any lighting must not extend beyond the perimeter of the lot(s) used for the Data Center and must not produce
any glare that is visible to neighboring lots or to persons traveling on public or private roads.
a. For the lighting of predominantly horizontal surface, such as, but not limited to, parking areas, roadways, vehicular and
pedestrian passage areas, loading docks, building entrances, sidewalks, bicycle paths, and site entrances, luminaires shall
be aimed down, and shall meet Illuminating Engineering Society of North America full cutoff/fully shielded criteria.
b. For the lighting of predominantly non-horizontal surfaces, such as, but not limited to, facades, landscaping, and signs,
luminaires shall be shielded and shall be installed and aimed to not project their output into the windows of neighboring
structures, adjacent uses, past the object being illuminated, skyward, or onto a public roadway.
c. Vegetation shall not be employed as to serve as the primary means for controlling glare. Glare control shall be achieved by
primarily using such means as cutoff luminaires, shields and baffles, and appropriate application of luminaire mounting
height, wattage, aiming angle, and luminaire placement.
d. Luminaires shall not be mounted more than 20-feet above the finished grade of the surface being illuminated. No polemounted lighting on the roof shall be permitted.
e. Lighting after sunset and before sunrise hours for parking areas and vehicular traffic ways shall be automatically dimmed
to 70% nightly, unless needed for ongoing work in the area of work.
3. Applicants shall provide a certified photometric study in compliance with the requirements contained in this section prior to
operation. Material changes to outdoor lighting that are inconsistent with City code and/or result in offsite impacts such as, but not
limited to, modifying lighting locations, bulb intensity, and lighting direction, shall be approved by the City prior to any modifications
being made.
17.60.120 Noise standards.
1. Property Line Noise Limits. The City shall establish project-specific maximum noise levels at the property line, including separate
daytime and nighttime standards if deemed appropriate, consistent with applicable City noise regulations.
2. Acoustic Study. The City shall require an applicant to submit a pre-construction acoustic study prepared by a qualified acoustical
engineer. The study will include a baseline pre-development study with hour Leq and maximum decibel (dB(A) and dB(C)) levels

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for a continuous weeklong monitoring period to be submitted with the first development application. A noise modeling study will be
completed by a third-party acoustical engineer, at the sole cost and expense of the applicant, during the site plan approval process
for the permit application demonstrating compliance with the applicable standards. The noise modeling study must include
recommendations for sound mitigation measures, if they are necessary for the use to comply with the standards.
3. During and Post-Construction Verification. Within 180 days after issuance of the final certificate of occupancy The City shall require
during and post-construction testing to verify compliance with approved noise limits and conditions.
4. Data center facilities must comply with all federal and state regulations related to noise thresholds. In addition, noise levels must
not exceed the following constant-minimum noise thresholds as measured at the facility property line.
a. Daytime hours 60 db(A) weighted 7:00 a.m. to 10:00 p.m.; and
b. Nighttime hours 50 dB(A) weighted 10:00 p.m. to 7:00 a.m.
c. Daytime hours 70 dB(C) weighted 7:00 a.m. to 10:00 p.m.; and
d. Nighttime hours 65 dB(C) weighted 10:00 p.m. to 7:00 a.m.; and
5. Any exceedance of the noise thresholds established in this section or the City’s noise code shall be deemed a violation.
17.60.130 Location & screening.
1. Screening and buffering requirements in Design Guidelines 4.14.2. shall be satisfied.
2. Emergency Generators. Generators are prohibited on rooftops. Generators shall be surrounded by full height attenuation screening.
Testing and exercising activities are limited to 9 AM to 3 PM Weekdays and not on holidays.
3. Roof-mounted mechanical equipment must be fully enclosed on all sides by a sound attenuating screen or parapet equal in height
to, or taller than, the tallest roof-mounted chiller or associated mechanical equipment and must be designed to blend with the
architectural style, materials, and color of the building.
4. Ground Mounted mechanical equipment must be fully enclosed on all sides by a sound attenuating wall extension or other sound
attenuating enclosure, subject to approval by the Building Official, equal in height to, or taller than, the tallest ground-mounted
chiller and generator or associated mechanical equipment and must blend with the architecture style, materials, and color of the
building.
5. Vibration Standards: Data center facilities shall provide vibration monitoring upon the City’s request, at spacing of no less than 500
feet along all property lines. When requested, vibration isolation mounts will be required. Should the data center exceed these
performance standards the data center shall be required to provide monitoring reports and a third-party engineer prepared scientific
vibration study which demonstrates compliance within 30 days of request.

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K Value to be used in Measuring Vibrations

In any neighboring lot:
Steady state
Impulsive
Less than 8 pulse per 24-hour period

K
0.008
0.015
0.037

17.60.140 Stormwater, fuel, and environmental controls.
Applicants shall comply with all applicable stormwater requirements including the most recently adopted version of the State of
Washington Department of Ecology Eastern Washington Stormwater Manual, spill prevention requirements, hazardous materials
requirements, and other environmental controls required by law or by project approval. The City shall require spill prevention, secondary
containment, and emergency response provisions for backup fuel systems and related equipment.
17.60.150 Transportation.
Data Center shall take access from an arterial or collector road and shall have secondary access suitable for emergency response
purposes.
17.60.160 Monitoring, metering, and reporting.
1. Metering. The City shall require City-approved metering for water use, wastewater discharge, backup generation operation, and
other operational characteristics relevant to compliance. Metering devices shall be accessible to the City and maintained by owner
in good working order.
2. Reporting. Applicants shall be required to provide regular reports, certifications, or operational data demonstrating compliance with
approved limits and conditions. Reports shall not include, and no operator shall be required to disclose: (1) trade secrets or other
proprietary business information; (2) information that could reasonably compromise the physical security or cybersecurity of the
facility or any utility system; (3) data more granular than facility-wide totals; or (4) privileged information or information subject to
third-party confidentiality obligations.
3. Audit Rights. The City may require audit rights, records access, and reasonable verification procedures through permit conditions,
development agreements, utility agreements, or other lawful mechanisms. Failure to provide requested records or access may
constitute a violation of these Standards.
17.60.170 Material changes in operation.
Any material change in cooling technology, water use profile, wastewater characteristics, electrical demand profile, backup generation
equipment, or other approved operational characteristics require prior City review and approval. Material changes shall include any
change that affects the data center’s water use, wastewater discharge, electrical demand, or permitted emissions or that would cause
the facility to exceed an approved limit or condition. If material changes are made, the City has the authority to require additional
studies, revised approvals, or amended utility conditions based on the proposed change.

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17.60.180 Enforcement.
Failure to comply with the Standards in this chapter, or with project-specific conditions adopted pursuant to these Standards, may result
in permit enforcement, utility enforcement, code enforcement, modification or revocation of approvals, or any other remedy available
under applicable law. Each day of noncompliance may be treated as a separate violation to the extent allowed by law.
17.60.190 Project-specific conditions.
These Standards establish baseline requirements. The City retains the authority to impose project-specific conditions, thresholds,
limitations, monitoring obligations, mitigation measures, and agreement terms as warranted by the particulars of any proposed data
center project, including but not limited to conditions addressing cumulative impacts, phased development, and future technology
changes.
17.60.200 Emergency services.
1. Emergency Response Plan. Applicants shall develop an approved Emergency Response Plan (ERP) prepared by a qualified
professional. The ERP must be approved by the Police Chief, Fire Marshal, and Benton County Fire District #4 Chief prior to issuance
of any Certificates of Occupancy or operational permits. This shall include, but is not limited to:
a. Detailed procedures for fire suppression, containment, ventilation, and evacuation;
b. Evaluation of existing emergency services ability to serve the proposed application and site;
c. Evaluation of access roads and hydrants on proposed site for use by emergency services equipment;
d. Training details for first responders for the specific equipment utilized at the site; and
e. Provisions for fire and life safety inspections and testing on a specified periodic basis.
2. Adequate Services. Proposals for facilities or locations that cannot be adequately serviced by Emergency Services shall not be
approved. Provided, however, that Applicants may, in their discretion and pursuant to a written agreement, construct or contribute
to the measures that would cure the inadequacy of such services.
3. Each data center shall provide 24-hour emergency contact signage that is visible at the main entrance. Such signage shall include
the company name, the owner/representative’s name, the telephone number.
4. The applicant shall coordinate with Benton County Emergency Dispatch and Emergency Management to ensure there is adequate
radio coverage for emergency responders within all on-site buildings and facilities, based upon existing coverage levels of the city
public safety radio communications system exterior to on-site buildings. The applicant shall install enhancement systems, as needed,
to achieve compliance.
5. No data center shall be approved unless the applicant demonstrates that procedures for fire suppression, containment, ventilation,
and evacuation are sufficiently protective of public health, safety, and welfare.

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17.60.210 Community benefit
1. All new and proposed data center projects shall pay for all triggered infrastructure improvements (water, sewer, transportation) at
no cost to the tax and ratepayers in order to serve its development, and
2. All new and proposed data center projects are encouraged to provide evidence of community benefit, including, but not limited to
assistance with public infrastructure, fire facilities, school programs and training facilities, public services as needed to support the
data center site and mitigate the impacts of the data center development.
17.60.220 Electronic waste.
An Electronic Waste Plan shall be submitted with the zoning application outlining procedures for safe removal and recycling or disposal
of server infrastructure, hazardous materials, electronic waste, and related products that meet all state and federal requirements, which
will apply in cases when the equipment within the data center is updated or decommissioned. The report shall be subject to review and
comment by the City. The City shall have the right to require supplemental or amended reports based upon comments by the city prior
to any zoning approval.
17.60.230 Computational processing requirements.
1. Prohibited operations. Certain computational processes have been determined to be adverse to the goals and provisions of these
performance standards and the Municipal Code. The following uses and processes are strictly prohibited:
a. Modular Data Centers not intended for emergency service’s use; and
b. Crypto-currency mining operations.
2. Colocation Data Centers. Data Center owners and operators shall be responsible for ensuring that any persons or entities utilizing
the facility is operating within compliance of the performance standards requirements and is not utilizing the facilities for any
prohibited uses as detailed in Subsection (1) of this subsection.
3. Enforcement. Operation of a prohibited use or computational process shall be subject to the provisions of WRMC 17.60.180.
17.60.240 Change of ownership.
In the event the ownership of a data center changes, all agreements, requirements, conditions, and any and all other regulatory
provisions applicable to the data center and its site shall remain. Any changes to any of the regulatory provisions must be approved by
the City.
SECTION 6: Sections 2.2 and 2.3 on page 2-5 of Exhibit A to Ordinance No. 07-26 are hereby amended to correct scrivener’s
errors and shall read as follows:

2.2 Permitted Land Uses

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Permitted land uses are included in WRMC 17.13.020 Residential the Chapter 17.13 WRMC Land Use Matrix.
2.3 Building Types
Building types allowed in each zoning district are shown in Exhibit 5. Examples of buildings, with definitions and photos, are
shown in Exhibit 6 and Exhibit 7. Building types not included in Exhibit 5 may be allowed by the Planning Director on a caseby-case basis, only when it would not otherwise be possible to develop the permitted land uses set forth in Chapter 17.13
WRMC 17.13.020 in the subarea. Examples include civic buildings or utility facilities.
*****
SECTION 7: Duration. This interim development regulation shall be in effect for six (6) months following the effective date of
this ordinance, unless earlier repealed by the City Council. Pursuance to RCW 35A.63.220 and RCW 36.70A.390, this interim control
may remain in effect for up to one year if a work plan is developed for related studies providing for such a longer period and may be
renewed for one or more additional six-month periods if a subsequent public hearing is held and findings of fact are adopted prior to
each renewal.
SECTION 8: Public Hearing. As required by RCW 35A.63.220 and RCW 36.70A.390, within sixty (60) days of the passage of
this ordinance, the City Council shall hold a public hearing on this ordinance and shall adopt findings of fact justifying this action
immediately after said public hearing. Said hearing shall be 6:00 p.m., Tuesday, December 15, 2026 in the City Council Chambers
at 3100 Belmont Blvd, West Richland, WA. The City Clerk is directed to provide notice of such public hearing as required by law.
SECTION 9: Effect on Vested Rights. The interim official control imposed under Sections 2 through 6 of this Ordinance shall
apply prospectively only and shall be all Permit Applications, Land Use Development Applications, Land Division Applications, and
Variance Applications submitted after the effective date of this ordinance. Nothing in this ordinance shall be construed to extinguish,
limit, or otherwise infringe on any permit applicant's vested development rights as defined by state law and City of West Richland’s
regulations, provided that such an applicant has filed a complete Permit, Development or Variance Application before the effective date
of this ordinance.
SECTION 1: Interpretive Authority. The City of West Richland Community Development Director, or designee, is hereby
authorized to issue official interpretations arising under or otherwise necessitated by this ordinance.
SECTION 11: Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the Code
Reviser are authorized to make the necessary corrections to this ordinance, including the correction of clerical errors; ordinance,
section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations.

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SECTION 12: Severability; Validity. The provisions of this ordinance are declared separate and severable. If any section,
paragraph, subsection, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this ordinance.
SECTION 13: Publication. This Ordinance shall be published by an approved summary consisting of the title.
SECTION 14: Direction to Planning Commission. The Planning Commission is directed to review this Ordinance and study
the issues presented and to develop and process final regulations for City Council consideration.
SECTION 15: Effective Date; Declaration of an Emergency. The City Council hereby declares an emergency exists which
necessitates that this Ordinance take effect immediately upon passage in order to ensure consistency in land use decisions and to
avoid vesting to amended code. Such declaration preserves public health, safety, and welfare. This interim official control ordinance
shall take effect immediately upon passage of a majority plus one of the City Council and shall remain effective for six (6) months,
unless terminated earlier by the City Council. Provided, that the Council may, at its sole discretion, renew the interim official control for
one or more six-month periods in accordance with state law.
SECTION 16: Transmittal to State. Pursuant to RCW 36.70A.106, a complete and accurate copy of this ordinance shall be
transmitted to the Department of Commerce within ten (10) days of adoption.

PASSED BY THE CITY COUNCIL OF THE CITY OF WEST RICHLAND, WASHINGTON, this 3rd day of November, 2026.

Fred Brink, Mayor
ATTEST:
Stephanie Haug, City Clerk
APPROVED AS TO FORM:
Jessica Foltz, City Attorney

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