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18-206.01SpokaneCountyetalEasternWAAreaonAgingAMENDMENT NO.4 TO THE INTERLOCAL GOVERNMENT AGREEMENT TO CREATE THE EASTERN WASHINGTON AREA AGENCY ON AGING THIS AMENDMENT NO.4 ("Amendment No. 4 Agreement") to the Interlocal Government Agreement to Create the Eastern Washington Area Agency on Aging is made and entered into by and among SPOKANE COUNTY, having offices for the transaction of business at W. 1116 Broadway, Spokane, Washington 99201; STEVENS COUNTY, having offices for the transaction of business at Stevens County Courthouse, Colville, Washington 99114; WHITMAN COUNTY, having offices for the transaction of business at the Whitman County Courthouse, Colfax, Washington 99111; PEND OREILLE COUNTY, having offices for the transaction of business at the Pend Oreille County Courthouse, Newport, Washington 99156; FERRY COUNTY, having offices for the transaction of business at the Ferry County Courthouse, Republic, Washington 99166; and the CITY OF SPOKANE, having offices for the transaction of business at 808 W. Spokane Falls Boulevard, Spokane, Washington 99201, and the CITY OF SPOKANE VALLEY, having offices for the transaction of business at 10210 E. Sprague Avenue, Spokane Valley, WA 99206, jointly referred to as the Parties. RECITALS: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Boards of County Commissioners of counties within the State of Washington have the care of their respective county property and the management of their respective funds and business; and WHEREAS, the 1965 Older Americans Act was passed by Congress for the purpose of establishing programs and services for older Americans and required, in conjunction therewith, the establishment of area agencies on aging to provide services and programs for older Americans; and WHEREAS, pursuant to the above legislation, as well as the provisions of chapter 39.34 RCW, in 1978 Ferry County, Pend Oreille County, Spokane County Stevens County, Whitman County and the City of Spokane entered into an Interlocal Agreement termed "Interlocal Government Agreement to Create the Eastern Washington Area Agency on Aging" ("Interlocal Agreement"); and WHEREAS, in 1987, the Parties executed a document entitled "AMENDMENT TO INTERLOCAL GOVERNMENT AGREEMENT TO CREATE THE EASTERN WASHINGTON AREA AGENCY ON AGING" wherein the Parties amended the Interlocal Agreement to reconfigure the prior "Panel on Aging and Advisory Council" into the current "Planning and Management Council;" and WHEREAS, in 1995, the Parties executed a document entitled "AMENDMENT TO THE BY-LAWS AND THE INTERLOCAL AGREEMENT OF THE EASTERN WASHINGTON AREA AGENCY ON AGING" wherein the Parties amended the Interlocal Agreement and bylaws adopted thereunder to change the name of the agency Page 1 of 6 from "Eastern Washington Area Agency on Aging" to "Aging and Long Term Care of Eastern Washington;" and WHEREAS, in 2019, the Parties executed a document entitled "AMENDMENT TO THE BY-LAWS AND THE INTERLOCAL AGREEMENT OF THE EASTERN WASHINGTON AREA AGENCY ON AGING" wherein the Parties amended the Interlocal Agreement and bylaws adopted thereunder to add the City of Spokane Valley as a party to the Interlocal Agreement. WHEREAS, the Interlocal Agreement includes an Article addressing Modification which provides as follows: ARTICLE XII. MODIFICATION. No change or addition of any printed portion of this Agreement shall be valid or binding upon any Party. There shall be no modification of the Agreement, except in writing, executed with the same formalities as this present instrument; and WHEREAS, the Older Americans Act Final Rule, 45 CFR Part 1321,was updated in 2024, with an October 1, 2025, deadline for compliance. Per § 1321.63(d) the "advisory council shall not operate as a board of directors for the area agency. Individuals may not serve on both the advisory council and the board of directors for the same entity." NOW, THEREFORE, for and in consideration of the above referenced recitals which are incorporated herein by reference and other good and valuable consideration, receipt of which is hereby acknowledged, the Parties do agree that the Interlocal Agreement executed in 1978 among the Parties, as amended in 1987, 1995, and 2019 be and is hereby modified as follows: MODIFICATION NO.1: ARTICLE VI. ORGANIZATION of the Interlocal Agreement shall be modified as follows: (Underlined bolded language added, lined out bolded language deleted.) ARTICLE VI. ORGANIZATION. A. General Provisions: The Agency is a separate administrative entity organized as a public regional body in accordance with the requirements with the Federal Older Americans Act, as amended. The principal organizational components shall be a Governing Board, and a Planning and Management Council. B. Governing Board: The Governing Board shall be composed of one representative appointed by each of the Counties to this Agreement; two representatives appointed by the Spokane City Council, one of whom shall be the director or designee of the City's Community, Housing and Human Services Department or related department; and, one representative appointed by the City of Spokane Valley City Council; and as an ex orrice Page 2 of 6 member-, the Chairperson of the Planning find Management Coun . The Governing Board shall, by a two-thirds (2/3) vote of its membership, adopt and amend the Agency By -Laws. On all other matters, a majority of the total members of the governing Board shall constitute a quorum, and a majority vote of the quorum shall be necessary to take action on any matter coming before the Governing Board. The Governing Board, in addition to adopting and amending the Agency By -Laws, shall have the authority to approve the annual Area Plan on Aging, approve the annual operating budget, adopt personnel policies, adopt Agency operating procedures, appoint an Agency Director, execute agreements and contracts and any other duties as may be established by Agency By -Laws. The Governing Board may select a Chairperson, Vice Chairperson, and other officers. The Chairperson shall be empowered, at times other than open meetings to execute all agreements and contracts which have been negotiated and approved by the Governing Board at open meetings. C. Planning and Management Council: The Planning and Management Council shall be composed of no less than twenty-seven (27) and no more than thirty-five (35) members. It shall be representative of all counties within the Agency's service area. Further, to facilitate close working relationships among ALTCEW and the parties hereto, seven (7) members of the Council shall be representatives of the units of general purpose local government party to this agreement. Additional composition requirements for the Council, appointment procedures and members' terms of service shall be established in the Agency By -Laws. The Council shall be responsible for performing the following: (1) Planning activities, including development of the Area Plan on Aging for PSA #11, and Annual Updates thereon; (2) Implement the Area Plan on Aging, once adopted by the ALTCEW Governing Board; (3) Represent the interest of older persons; (54� When requested by the Governing Board, recruit and screen all applicants for the position of Agency Director, and refer the most qualified candidates to the Board for consideration; Make recommendations to the Governing Board on amendments to Agency's By -Laws; and ($�) Other duties as may be established by the Agency By -Laws. Page 3 of 6 BE IT FURTHER AGREED by the Parties that but for the above MODIFICATION NO. 1 to ARTICLE VI. ORGANIZATION, all other provisions within the Interlocal Agreement executed in 1978 by the Parties, as amended in 1987, 1995, and 2019, shall remain in full force and effect without any change or modification whatsoever. BE IT FURTHER AGREED by the Parties that this Amendment No. 4 may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. BE IT FURTHER AGREED, by the Parties that the provisions of this Amendment No. 4 Agreement shall be effective as of July 1, 2025. IN WITNESS WHEREOF, the Parties have caused this Amendment No. 4 Agreement to be executed on the date and year opposite their respective signature blocks. Page 4 of 6 DATED: -Z?�JOAJ ATTEST: Ferry County Clerk of the Board DATED: FERRY COUNTY By: Charon APPROVED A 0 RM: Prosecuting Attorney PEND OREILLE COUNTY By: Chairman ATTEST: APPROVED AS TO FORM: Pend Oreille County Clerk of the Board DATED: ATTEST: Spokane County Clerk of the Board DATED: ATTEST: Stevens County Clerk of the Board Page 5 of 6 Prosecuting Attorney SPOKANE COUNTY By: Chairman APPROVED AS TO FORM: Prosecuting Attorney STEVENS COUNTY BY: Chairman APPROVED AS TO FORM: Prosecuting Attorney DATED: ATTEST: Ferry County Clerk of the Board DATED: ATTEST: eille Count, �p Off/ 'gf the Board =� *: 5 Z7 ZOZS 2 0,ivr'Y L LSE M9�111 Spokane County Clerk of the Board DATED: ATTEST: Stevens County Clerk of the Board Page 5 of 6 FERRY COUNTY By: Chairman APPROVED AS TO FORM: Prosecuting Attorney EILLE COUNTY .Lolly Aunt SPOKANE COUNTY By: Chairman APPROVED AS TO FORM: Prosecuting Attorney STEVENS COUNTY By: Chairman APPROVED AS TO FORM: Prosecuting Attorney DATED: ATTEST: Ferry County Clerk of the Board DATED: ATTEST: FERRY COUNTY By: Chairman APPROVED AS TO FORM: Prosecuting Attorney PEND OREILLE COUNTY By: Chairman APPROVED AS TO FORM: Pend Oreille County Prosecuting Attorney Clerk of the Board of coMM�s G /7 E Co�;ys�oy DATED: 1ZS SPO A COU TY+ e By: Chairman N'`b''•. SEAL ••'y>Q coin' ATTEST: AP O ED AS T -ORM: XA pokane County Pr cuting Attorn Clerk of the Board 5 IZ Qz) D• "P.Ar. DATED: ATTEST: Stevens County Clerk of the Board Page 5 of 6 STEVENS COUNTY By: Chairman APPROVED AS TO FORM: Prosecuting Attorney 1674119103 ATTEST: Ferry County Clerk of the Board DATED: ATTEST: Pend Oreille County Clerk of the Board DATED: FERRY COUNTY By: Chainnan APPROVED AS TO FORM: Prosecuting Attorney PEND OREILLE COUNTY By: Chairman APPROVED AS TO FORM: Prosecuting Attorney SPOKANE COUNTY BY: Chairman ATTEST: APPROVED AS TO FORM: Spokane County Prosecuting Attorney Clerk of the Board DATED: 5/21 /2025 ATTEST: C>ev Coun Clerk of the Bird Page 5 of 6 STEVENS OUNTY By: Chairman APPROVED A}S—TO FORM: ose ting Attaney DATED: D 5--1 a ? 6 g jr ATTEST: WhitmOcounty Clerk of the Board DATED: ATTEST City of Spokane Clerk of the City DATED: ATTEST: City of Spokane Valley City Clerk Page 6 of 6 WHITMAN COUNTY By: Chairman APPROVED AS TO FO'PmrRM: 7W"k �) secuting Attorne CITY OF SPOKANE By: _ Mayor APPROVED AS TO FORM: Assistant City Attorney CITY OF SPOKANE VALLEY By: City Manager APPROVED AS TO FORM: Office of the City Attorney 'c 1� 4. Docusign Envelope ID: 6561661B-498E-42DC-B99B-FD4234261DCF DATED: ATTEST: Whitman County Clerk of the Board DATED: 7/24/2025 ATTEST L. Brie F. rnswart. City of Spokane Clerk of the City (Acting) DATED: ATTEST: City of Spokane Valley City Clerk Page 6 of 6 WHITMAN COUNTY By: Chairman APPROVED AS TO FORM: Prosecuting Attorney CITY OF SPOKANE By: AI,..AAer sc.44 City Administrator APPROVED AS TO FORM: ,ei�JaD4 ScWe.(. Assistant City Attorney CITY OF SPOKANE VALLEY By: City Manager APPROVED AS TO FORM: Office of the City Attorney DATED: ATTEST: Whitman County Clerk of the Board DATED: ATTEST City of Spokane Clerk of the City DATED: Zr�Z ATTEST: City Spokane Valley City Clerk Page 6 of 6 WHITMAN COUNTY By: Chairman APPROVED AS TO FORM: Prosecuting Attorney CITY OF SPOKANE By: _ Mayor APPROVED AS TO FORM: Assistant City Attorney CITY OF SPOKANE VALLEY By: City XTanager APPROVED AS TO FORM: CWTI-ce of the City A o-mey