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HomeMy WebLinkAboutCreation of a Council of Government (C.O.G.) Interlocal Amendment re: Olympic Area Agency on Aging - 122189AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT FOR THE CREATION OF A COUNCIL ON GOVERNMENTS THIS AMENDMENT, made and entered into this 21 day of December, 1989 by and between the counties of Grays Harbor, Pacific Jefferson and Clallam, hereinafter collectively referred to as parties, WITNESSETH: WHEREAS, the parties formed a council of governments (C.O.G.) on the 28th day of July, 1976 to facilitate the organization and operation of an AREA AGENCY ON AGING (designated PSA No. 1 of the Department of Social and Health Services Aging Network) and WHEREAS, RCW Chapter 39.34, entitled the "Interlocal Cooperation Act" permits local government units to make the most effective use of their power by enabling them to cooperate with other local governmental units on the basis of mutual advantage, and thereby provide planning and administrative services in a manner that will accord best with the geographic, economic and population factors, and WHEREAS, the Older Americans Act of 1965, as now and hereafter amended, and RCW Title 74.38 provide for the establishment of Area Agencies within regional areas within the state, and ' WHEREAS, the County of Grays Harbor has consented to serve as Host County to provide fiscal management services, now, therefore, for the Area Agency on Aging, IN CONSIDERATION of the mutual promises and covenants contained herein the parties agree as follows: 1. PURPOSE: The purpose of this agreement is to enable the parties to organize and operate an Area Agency on Aging within the boundaries of Grays Harbor, Pacific, Jefferson and Clallam Counties, to prepare an "Area Plan on Aging" and to receive and administer grants for programs for elderly and disabled persons. Each party hereto agrees to cooperate in all respects in order to carry out the letter and spirit of this agreement. 2. ADMINISTRATION: The parties jointly agree that the Grays Harbor--Pacific--Jefferson--Clallam C.O.G. shall be the prime administrative body of the agency. Each of the parties shall have an equal vote when the C.O.G. is conducting business relating to the administration of the AREA*AGENCY ON AGING. Each of the parties shall be represented by two County Commissioners designated regular members and may designate an alternate County Commissioner to serve in the absence of a regular member. A majority vote of the members of the C.O.G. shall be sufficient to produce official action. The C.O.G. shall establish a regular meeting schedule and meeting place.'N The C.O.G. may meet as needed upon special call. The C.O.G. shall promulgate by-laws governing the questions such as meeting format, quorum, voting, financing and other objectives as set forth in this agreement. The parties further jointly agree that Grays Harbor County shall be responsible for the fiscal management of the AREA AGENCY ON AGING. 3 POWERS: The Grays Harbor--Pacific--Jefferson-- Clallam C.O.G. shall have the power to develop an area plan on aging, receive and administer funds granted for programs and services for elderly and disabled persons; establish a budget for funds appropriated by the state for administering the area agency; hire any necessary personnel and expend funds for necessary services identified in the "Area Plan"; and any other powers expressly granted by the enabling legislation referred to heretofore in this agreement. 4. FISCAL MANAGEMENT: Grays Harbor County shall be responsible for the Area Agency's fiscal management. Grays Harbor County shall maintain vouchers covering all expenditures authorized by the annual budget adopted by the C.O.G. 5. ADVISORY COUNCIL: The C.O.G. shall establish an advisory council consisting of up to eighteen (18) people. Each member county will appoint four (4) resident representatives. The C.O.G. shall also appoint one (1) representative from a major ethnic/racial minority group and one (1) locally elected official, the latter of whom may be one of the resident representative. 6. PERSONNEL: Insofar as is practical within the limitations of funds granted to the AREA AGENCY ON AGING by the STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES and other federal, state, local and other funding sources, it is the intention of the C.O.G. to employ a project staff including, but not limited to an Executive Director and a Fiscal Officer. The selection and appointment of the Executive Director shall be the responsibility of the C.O.G. Recruiting and hiring of all other staff personnel for the Area Agency shall be the responsibility of the Executive Director. All area staff personnel shall be considered employees of the C.O.G. which shall be responsible for establishing personnel guidelines; job descriptions; salary schedules; and fringe benefits. All counties participating as members of the Area Agency C.O.G. shall be jointly and severally liable for the acts of Area Agency's staff employees. Furthermore, all participating counties shall be jointly and severally liable for any liability which may arise as a result of the operation of the AREA AGENCY ON AGING. „op, 7.” CONTRACTS AND CONTRACTUAL SERVICES: The C.O.G. may contract generally and enter into any contract with the federal government, the state, any municipal, for profit or non-profit corporation for the purpose of receiving or awarding funds to support programs for elderly and disabled persons as identified in the area plan. 8. DURATION OF AMENDMENT: This agreement shall become effective upon full execution and shall continue indefinitely. Any county wishing to withdraw may do so with thirty (30) days written notice. 9. _PROPERTY DISPOSAL: In the event of termination of this agreement, all property acquired under this agreement by the participating parties shall be returned to the respective jurisdictions pursuant to agreement made by the parties. 10. AMENDMENT: This agreement may be amended in whatever manner the C.O.G. shall determine by agreement,of the parties. IN WITNESS WHEREOF, the parties have set their heads and seals. BOARD OF COUNTY COMMISSIONERS GRAYS HARBOR COUNTY, WASHINGTON 1--Z3 -90 • ".I . Dat 7 -.L3 -so Date BOARD OF COUNTY COMMISSIONERS PACIFIC COUNTY, WASHINGTON - 7 v ate BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON BOARD OF COUNTY COMMISSIONERS CLALLAM COUNTY, WASHINGTON