HomeMy WebLinkAboutCAG2020-263 - Original - King County - MOU regarding COVID-19 Quarantine Facility at EconoLodge - 08/17/2020ApprovalOriginator:Department:
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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)
✔
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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