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HomeMy WebLinkAboutCAG2020-263 - Original - King County - MOU regarding COVID-19 Quarantine Facility at EconoLodge - 08/17/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: †Director or Designee † Mayor Date of Council Approval: Budget? † Yes † No Grant? † Yes † No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? † Yes † No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? † Yes † No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: White, Tammy (c/o Kelly Finn) ✔ ✔ King County Contract N/A King County COVID-19 Quarantine Facility at EconoLodge 08/17/2020 Law N/A 8/17/2020 8/17/2020 Memorandum of Understanding concerning COVID-19 Quarantine Facility OK to sign, 8/17/2020, TW. Mayor, upon full execution of this MOU, the City will dismiss its lawsuit against King County. Once the Governor ends the COVID-19 state of emergency as to King County, King County will need to comply with Kent's zoning and land use codes if it wishes to continue to use the property. 8/17/2020 08/17/2020 Original Interlocal CAG2020-263 Page 1 of 3 MEMORANDUM OF UNDERSTANDING BETWEEN KING COUNTY AND THE CITY OF KENT This Memorandum of Understanding (“MOU”) is made effective as of the 17th day of August, 2020, between the City of Kent, a municipal corporation (the “CITY”), and King County (the “COUNTY”), both of which are located in and existing under the laws of the State of Washington. The COUNTY and the CITY may also be collectively referred to herein as the “Parties.” I. RECITALS WHEREAS, the CITY and the COUNTY recognize the ongoing public health emergency in the State of Washington resulting from COVID-19 and the potential spread of COVID-19 throughout King County, the state, and the United States; and WHEREAS, as a result of the continued spread of COVID-19, declarations and/or proclamations of emergency have been issued by the Governor of the State of Washington, the County, the City, and the federal government; and WHEREAS, on March 6, 2020, the County purchased the Econo Lodge building located at 1233 Central Avenue North to use as a quarantine and isolation facility for COVID-19 (the “PROPERTY”), and the COUNTY’s local health officer, Dr. Jeff Duchin, issued a March 6, 2020 Order (the “ORDER”) authorizing the COUNTY to utilize the PROPERTY for COVID-19 quarantine and isolation; and WHEREAS, the CITY is authorized to allow temporary and emergency quarantine and isolation facilities for COVID-19 (“COVID-19 QUARANTINE FACILITY”) under its Kent City Code (KCC 15.08.205) or as part of an agreement with the COUNTY as authorized under state and local law; and WHEREAS, temporary and emergency use of the PROPERTY for a COVID-19 QUARANTINE FACILITY is exempt from the State Environmental Policy Act, chapter 43.21C RCW (SEPA), under WAC 197-11-880; and WHEREAS, the parties agree that the COUNTY will cease its temporary use of the PROPERTY as a COVID-19 QUARANTINE FACILITY when the Governor’s COVID-19 state of emergency ends for King County, unless such use is permitted or otherwise agreed upon by the parties; and WHEREAS, the parties agree that once the COVID-19 emergency ends, the COUNTY will apply for those permits that may be required by the CITY’s zoning and land use laws for any use other than as a temporary COVID-19 QUARANTINE FACILITY; and WHEREAS, the Parties acknowledge that it is the intent of this MOU to lay out the expectations of the parties with respect to the COUNTY's operation of its temporary COVID-19 QUARANTINE FACILITY at the PROPERTY, and restoration of the PROPERTY consistent with the Kent City Code when the COVID-19 emergency ends; and Page 2 of 3 WHEREAS, COUNTY staff has agreed to work in good faith with the CITY to discuss the PROPERTY’s future use when the COVID-19 emergency ends in order to address negative impacts that use may have on neighboring businesses within the CITY, and COUNTY staff has indicated those efforts may include the COUNTY’s future sale of the PROPERTY; and WHEREAS, the Parties acknowledge that, after the COVID-19 emergency ends, nothing in this MOU preempts or supersedes the CITY’s authority with respect to closure of the COUNTY’S temporary and emergency use of the PROPERTY, permitting requirements that may apply under the Kent City Code when the COVID-19 emergency ends, and restoration of the PROPERTY consistent with the Kent City Code. NOW, THEREFORE, the COUNTY and the CITY agree that the following contains principles of understanding between the Parties: II.PRINCIPLES OF UNDERSTANDING 1.The parties adopt and incorporate the above recitals into their principles of understanding. 2.The COUNTY agrees to provide security measures at the PROPERTY 24 hours a day, seven days a week; and 3.The COUNTY agrees to provide meals, services, supplies, and counseling as needed to individuals who will be housed at the PROPERTY; and 4.The COUNTY agrees to provide the CITY with a copy of its current operational plan for the temporary COVID-19 QUARANTINE FACILITY at the PROPERTY as soon as practicable, and will provide revised versions of that operation plan as changes are implemented; and 5.The COUNTY agrees to comply with applicable state and local building, plumbing, electrical, mechanical, utilities, and fire code requirements during operation of the temporary COVID-19 QUARANTINE FACILITY at the PROPERTY, to work cooperatively with the CITY building official and fire marshal to ensure the facility meets reasonable and minimum safety features, and to allow such CITY officials reasonable access to the PROPERTY to perform their official duties upon request; and 6.The Parties intend and agree to act in good faith in order to minimize the impact on surrounding uses, natural resources, and critical areas resulting from the COUNTY's operation of the temporary COVID-19 QUARANTINE FACILITY on the PROPERTY; and 7.When the Governor’s COVID-19 state of emergency ends for King County, the COUNTY shall comply with the Kent City Code, its land use and zoning code and permitting provisions, unless otherwise agreed upon by the parties. 8.Upon signing of this Memorandum of Understanding, the CITY shall dismiss City of Kent v. King County, No. 20-2-0587-2 KNT. Page 3 of 3 IN WITNESS WHEREOF, the COUNTY and CITY have executed this Memorandum of Understanding effective as of the day and year first written above. KING COUNTY By: ______________________________ Title: __Deputy County Executive______ CITY OF KENT By: _______________________________ Title: Mayor, City of Kent APPROVED AS TO FORM: KING COUNTY PROSECUTING ATTORNEY’S OFFICE s/Howard P. Schneiderman Howard P. Schneiderman, WSBA No. 19252 Date: August 6, 2020 EISENHOWER CARLSON PLLC s/Neil A. Dial Neil A. Dial, WSBA No. 29599 Attorneys for City of Kent Date: August 17, 2020