Contract #25-46-10 - NoaNet - Interlocal Agreement - Membership Eligibility - CO#2 Amendment #1

Description

Docusign Envelope ID: E7439F0B-C2C3-4D58-94E9-2604556AB583 FIRST RESTATED INTERLOCAL COOPERATION AGREEMENT NORTHWEST OPEN ACCESS NETWORK The parties named below (each, a "Member" or "party," and collectively, the "Members" or "parties") hereby enter into this Interlocal Cooperation Agreement (this "Agreement") pursuant to Revised Code of Washington ("RCW") 39.34.030, which supersedes the original Interlocal Cooperation Agreement to form Northwest Open Access Network (“NoaNet”), adopted in January 2000, and all subsequent amendments thereto. 1. PARTIES. The parties are as follows: Public Utility District No. 1 of Benton County Public Utility District No. 1 of Clallam County Public Utility District No. 1 of Franklin County Public Utility District No. 1 of Jefferson County Public Utility District No. 1 of Kitsap County Public Utility District No. 3 of Mason County Public Utility District No. 1 of Okanogan County Public Utility District No. 2 of Pacific County Public Utility District No. 1 of Pend Oreille County The Spokane Regional Broadband Development Authority (“Broadlinc”) Each of the parties is a "public agency" as defined by RCW 39.34.020, and they enter into this Agreement and mutually promise and agree to the terms and conditions described herein. 2. PURPOSES. The purpose of this Agreement is to create a Washington nonprofit mutual corporation in accordance with RCW 39.34.030, which corporation shall be a non-stock corporation, the members of which are all public agencies within the meaning of RCW 39.34.020, and such corporation to have the following purposes: a. To participate in the development and efficient use of a broadband network owned, acquired, licensed, leased, or used by the Corporation for use by the Members, and to expand public access to affordable high speed broadband as provided by law; b. To assist the Members, including those in rural areas, in adapting high speed information technology systems to their needs; c. To share resources to provide cost-effective high speed broadband facilities and other services for use by the Members of this corporation on an at-cost basis to those who make their networks available to all providers and users (i.e., who provide open access); d.