HomeMy WebLinkAbout02172026 CC Agenda Packet
February 17, 2026 Port Angeles City Council Meeting Page 1
February 17, 2026
City of Port Angeles Council Meeting AMENDED Agenda
This meeting will be conducted as a hybrid meeting. In hybrid meetings, members of the public, Council members, and City sta ff
have the option to attend the meeting in person, in Council chambers at City Hall located at 321 East 5 th Street, Port Angeles, or
remotely via telephone or video link.
The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve
the needs and/or convenience of the Council and the public. The Mayor will determine time of break. Hearing devices are available
for those needing assistance. The items of business for regular Council meetings may include the following:
A. Call to Order – Special Meeting at 5:00 p.m. – Washington Cities Insurance Authority Presentation by Deputy
Director Rob Roscoe
Call to Order – Regular Meeting at 6:00 p.m.
B. Roll Call, Pledge of Allegiance
Ceremonial Matters, Proclamations & Employee Recognitions
1. Proclamation in Recognition of February as Black History Month
C. Late Items
To be placed on this or future agendas, including any executive session needed during or at the end of the meeting.
D. Public Comment
The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an or derly
and timely manner. Visit https://www.cityofpa.us/Live-Virtual-Meetings to learn how to participate during public comment and or
watch the meeting live. Written public comments can be submitted to: council@cityofpa.us, comments will not be read aloud.
Audio only: 1-844-992-4726
Access code (webinar number): 2552 030 1655
Webinar password: h9yYRZum7G3 (49997986 when dialing from a phone or video system)
Once connected, press *3 to raise your virtual hand if you wish to make a comment or public testimony. You will be notified when it
is your turn to speak.
Webex link: https://cityofpa.webex.com/cityofpa/j.php?MTID=mc3c5e2f8a9171ad74eaa2bb7613a0e03
To make a public comment, please use the “raise your hand” feature in Webex. You will be notified when it is your turn to speak.
These access codes are good for the Tuesday, February 17, 2026 meeting only.
Members of the public may address the City Council at the beginning and end of any Regular Meeting under "Public Comment."
During the "Public Comment" portion of the meeting, individua ls may speak to agenda items, except those scheduled for a Public
Hearing. The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in
an orderly, timely manner. At any time, the presiding officer, in the presiding officer's sole discretion, may set such reasonable limits
as are necessary to prevent disruption of other necessary business. At its most restrictive, Public Comment shall be limited to a total
of 15 minutes for the first Public Comment period and shall be concluded not later than 9:45 for the second Public Comment period.
Individuals may speak for three (3) minutes or less, depending on the number of people wishing to speak. If more than 20 peop le are
signed up to speak each speaker may be allocated two (2) minutes.
Individuals who are residents of the City or own businesses within the City will be called to speak first, with preference gi ven to those
who wish to speak to an item on the meeting’s agenda. If time remains, the presidi ng officer will call other individuals wishing to
speak, generally in the order in which they have signed in. If time is available, the presiding officer may call for addition al unsigned
speakers.
February 17, 2026 Port Angeles City Council Meeting Page 2
Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent co nnection
to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section 12
E. Consent Agenda | Approve
1. Minutes February 3, 2026 / Approve ............................................................................................................................... E-1
2. Expenditure Report: Between January 24, 2026 and February 6, 2026 in the amount of $3,544,591.07 / Approve ....... E-6
3. Approve Electric Utility Easements / 1) Approve the electric utility easements as described in and attached to this
memorandum. .................................................................................................................................................................. E-36
4. 2025 Pole Testing – Final Acceptance CON-2025-03 / 1) Accept the Pole Testing Project No. CON-2025-03 as
complete, and 2) authorize staff to proceed with project closeout, and 3) release the retainage funds upon receipt
of all required clearances. ............................................................................................................................................... E-46
5. Right-of-Way Services for Ennis Creek Fish Barrier Removal, Professional Services Agreement with Commonstreet
Consulting, PSA-2025-47 / 1) Award a Professional Services Agreement PSA-2025-47 to Commonstreet Consulting of
Seattle, WA for the Ennis Creek Fish Barrier Removal right-of-way services in the not to exceed amount of $46,797.87,
including applicable taxes, and 2) authorize the City Manager to sign all contract-related documents, to administer the
contract, and to make minor modifications as necessary. ............................................................................................... E-47
6. Material Purchase: 3PH 1500 KVA Padmounted Transformer 1) Award a contract to WESCO Distribution, Inc. of Portland,
OR in the amount of $56,180.42, including applicable tax, for the purchase of one (1) 3PH 1500 KVA Padmount
Transformer, and 2) authorize the City Manager to execute all contract-related documents, to administer the contract, and to
make minor modifications as necessary. ......................................................................................................................... E-64
7. Laserfiche Annual Renewal / 1) Approve the annual renewal for Laserfiche records management software, from Cities
Digital under WA State Dept of Enterprise Services Contract #07814 in the amount not to exceed $32,659.11 including tax,
and 2) authorize the City Manager to execute all purchase documents, to administer the purchase, and make minor
modifications if necessary................................................................................................................................................ E-79
F. Public Hearings | 6:30 p.m. or Soon Thereafter ................................................................................................... None
G. Ordinances Not Requiring Council Public Hearings ....................................................................................... None
H. Resolutions Not Requiring Council Public Hearings ....................................................................................... None
I. Other Considerations
1. AMENDED TO INCLUDE: Habitat for Humanity / Presentation by Colleen Robinson
2. Salvation Army / Presentation by Captain Crystal
3. 4PA / Presentation by Joe DeScala
J. Contracts & Purchasing
1. Astound Master Services Agreement and Dark Fiber Lease Agreement / Approve and Authorize ................................. J-1
2. Utility Easement & Subordination Agreement between the Port of Port Angeles and the City of Port Angeles /
Approve and Authorize ................................................................................................................................................... J-94
K. Council Reports
L. Information
City Manager Reports:
1. Monthly CED Customer Service Report – January 2026 / For Information Only .......................................................... L-1
2. Monthly CED Type 0/OTC Report - January 2026 / For Information Only ................................................................... L-2
3. Monthly CED 5290 Report – January 2026 / For Information Only ............................................................................... L-3
4. Monthly CED Affordable Housing Report – January 2026 / For Information Only ....................................................... L-4
5. Monthly CED Building Report – January 2026 / For Information Only ......................................................................... L-5
6. Quarterly CED Business Licensing Report – Q4 2025 / For Information Only .............................................................. L-6
7. Past Due Utility Report – January 2026 / For Information Only ..................................................................................... L-7
M. Second Public Comment
February 17, 2026 Port Angeles City Council Meeting Page 3
PUBLIC HEARINGS
Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in ord er to
receive public input prior to making decisions which impact citizens. City Council may choose to seek public opinion through the
public hearing process.
Follow the instructions from the first public comment period.
Adjournment
February 17, 2026 Port Angeles City Council Meeting Page 1
February 17, 2026
City of Port Angeles Council Meeting Agenda
This meeting will be conducted as a hybrid meeting. In hybrid meetings, members of the public, Council members, and City sta ff
have the option to attend the meeting in person, in Council chambers at City Hall located at 321 East 5th Street, Port Angeles, or
remotely via telephone or video link.
The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve
the needs and/or convenience of the Council and the public. The Mayor will determine time of break. Hearing devices are available
for those needing assistance. The items of business for regular Council meetings may include the following:
A. Call to Order – Special Meeting at 5:00 p.m. – Washington Cities Insurance Authority Presentation by Deputy
Director Rob Roscoe
Call to Order – Regular Meeting at 6:00 p.m.
B. Roll Call, Pledge of Allegiance
Ceremonial Matters, Proclamations & Employee Recognitions
1. Proclamation in Recognition of February as Black History Month
C. Late Items
To be placed on this or future agendas, including any executive session needed during or at the end of the meeting.
D. Public Comment
The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an orderly
and timely manner. Visit https://www.cityofpa.us/Live-Virtual-Meetings to learn how to participate during public comment and or
watch the meeting live. Written public comments can be submitted to: council@cityofpa.us, comments will not be read aloud.
Audio only: 1-844-992-4726
Access code (webinar number): 2552 030 1655
Webinar password: h9yYRZum7G3 (49997986 when dialing from a phone or video system)
Once connected, press *3 to raise your virtual hand if you wish to make a comment or public testimony. You will be notified when it
is your turn to speak.
Webex link: https://cityofpa.webex.com/cityofpa/j.php?MTID=mc3c5e2f8a9171ad74eaa2bb7613a0e03
To make a public comment, please use the “raise your hand” feature in Webex. You will be notified when it is your turn to speak.
These access codes are good for the Tuesday, February 17, 2026 meeting only.
Members of the public may address the City Council at the beginning and end of any Regular Meeting under "Public Comment."
During the "Public Comment" portion of the meeting, individua ls may speak to agenda items, except those scheduled for a Public
Hearing. The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in
an orderly, timely manner. At any time, the presiding officer, in the presiding officer's sole discretion, may set such reasonable limits
as are necessary to prevent disruption of other necessary business. At its most restrictive, Public Comment shall be limited to a total
of 15 minutes for the first Public Comment period and shall be concluded not later than 9:45 for the second Public Comment period.
Individuals may speak for three (3) minutes or less, depending on the number of people wishing to speak. If more than 20 peop le are
signed up to speak each speaker may be allocated two (2) minutes.
Individuals who are residents of the City or own businesses within the City will be called to speak first, with preference gi ven to those
who wish to speak to an item on the meeting’s agenda. If time remains, the presidi ng officer will call other individuals wishing to
speak, generally in the order in which they have signed in. If time is available, the presiding officer may call for addition al unsigned
speakers.
February 17, 2026 Port Angeles City Council Meeting Page 2
Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent co nnection
to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section 12
E. Consent Agenda | Approve
1. Minutes February 3, 2026 / Approve ............................................................................................................................... E-1
2. Expenditure Report: Between January 24, 2026 and February 6, 2026 in the amount of $3,544,591.07 / Approve ....... E-6
3. Approve Electric Utility Easements / 1) Approve the electric utility easements as described in and attached to this
memorandum. .................................................................................................................................................................. E-36
4. 2025 Pole Testing – Final Acceptance CON-2025-03 / 1) Accept the Pole Testing Project No. CON-2025-03 as
complete, and 2) authorize staff to proceed with project closeout, and 3) release the retainage funds upon receipt
of all required clearances. ............................................................................................................................................... E-46
5. Right-of-Way Services for Ennis Creek Fish Barrier Removal, Professional Services Agreement with Commonstreet
Consulting, PSA-2025-47 / 1) Award a Professional Services Agreement PSA-2025-47 to Commonstreet Consulting of
Seattle, WA for the Ennis Creek Fish Barrier Removal right-of-way services in the not to exceed amount of $46,797.87,
including applicable taxes, and 2) authorize the City Manager to sign all contract-related documents, to administer the
contract, and to make minor modifications as necessary. ............................................................................................... E-47
6. Material Purchase: 3PH 1500 KVA Padmounted Transformer 1) Award a contract to WESCO Distribution, Inc. of Portland,
OR in the amount of $56,180.42, including applicable tax, for the purchase of one (1) 3PH 1500 KVA Padmount
Transformer, and 2) authorize the City Manager to execute all contract-related documents, to administer the contract, and to
make minor modifications as necessary. ......................................................................................................................... E-64
7. Laserfiche Annual Renewal / 1) Approve the annual renewal for Laserfiche records management software, from Cities
Digital under WA State Dept of Enterprise Services Contract #07814 in the amount not to exceed $32,659.11 including tax,
and 2) authorize the City Manager to execute all purchase documents, to administer the purchase, and make minor
modifications if necessary................................................................................................................................................ E-79
F. Public Hearings | 6:30 p.m. or Soon Thereafter ................................................................................................... None
G. Ordinances Not Requiring Council Public Hearings ....................................................................................... None
H. Resolutions Not Requiring Council Public Hearings ....................................................................................... None
I. Other Considerations
1. Salvation Army / Presentation by Captain Crystal
2. 4PA / Presentation by Joe DeScala
J. Contracts & Purchasing
1. Astound Master Services Agreement and Dark Fiber Lease Agreement / Approve and Authorize ................................. J-1
2. Utility Easement & Subordination Agreement between the Port of Port Angeles and the City of Port Angeles /
Approve and Authorize ................................................................................................................................................... J-94
K. Council Reports
L. Information
City Manager Reports:
1. Monthly CED Customer Service Report – January 2026 / For Information Only .......................................................... L-1
2. Monthly CED Type 0/OTC Report - January 2026 / For Information Only ................................................................... L-2
3. Monthly CED 5290 Report – January 2026 / For Information Only ............................................................................... L-3
4. Monthly CED Affordable Housing Report – January 2026 / For Information Only ....................................................... L-4
5. Monthly CED Building Report – January 2026 / For Information Only ......................................................................... L-5
6. Quarterly CED Business Licensing Report – Q4 2025 / For Information Only .............................................................. L-6
7. Past Due Utility Report – January 2026 / For Information Only ..................................................................................... L-7
M. Second Public Comment
February 17, 2026 Port Angeles City Council Meeting Page 3
PUBLIC HEARINGS
Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in ord er to
receive public input prior to making decisions which impact citizens. City Council may choose to seek public opinion through the
public hearing process.
Follow the instructions from the first public comment period.
Adjournment
�\�y OF PORT gHCF`F�
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PROCLAMATION
Recognition of February 2026 as
Black History Month
WHEREAS, the Port Angeles City Council takes pride in joining together with people throughout the
country in recognizing February 2026 as Black History Month; and
WHEREAS, Black History Month pays tribute to the contributions that African Americans have made
to American history in their struggles for freedom and equality, and deepens
understanding of our shared history; and
WHEREAS, Inequality and injustice still linger, and it should be the aspiration and responsibility of
every person to advance the American ideals of life, liberty, and the pursuit of happiness
for all; and
WHEREAS, We encourage all residents to recognize, confront, and eliminate barriers and injustice
with fearlessness and determination; and
WHEREAS, We remain committed to honoring diversity, equity, inclusion, and mutual respect as
fundamental principles, and work to promote these core values throughout our
community; and
WHEREAS, the City of Port Angeles is proud to honor the history and the many contributions and
achievements made by African Americans to the economic, cultural, spiritual and
political development of our community, state and nation; and
WHEREAS, the observance of Black History Month calls our attention to the continued need to battle
racism and build a society that lives up to its democratic ideals; and, the City of Port
Angeles continues to work toward becoming an inclusive community in which all
citizens—past,present, and future—are respected and recognized for their contributions
and potential contributions to our community.
NOW, THEREFORE, I, Kate Dexter, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT
ANGELES, do hereby recognize the month of February 2026 as BLACK HISTORY MONTH in Port
Angeles and that we, as a community, build a thriving, innovative, and equitable city we are all proud to
call home.The City of Port Angeles celebrates Black History Month by recommitting to fight for the equity,
opportunity, dignity, and voting rights to which ev-,ry person is due.
•
February 17, 2026
Kate Dexter, Mayor
1
CITY OF PORT ANGELES
CITY COUNCIL
Port Angeles, Washington
February 3, 2026
This meeting was conducted as a hybrid meeting.
CALL TO ORDER SPECIAL MEETING
Mayor Dexter called the special meeting of the Port Angeles City Council to order at 5:30 p.m.
Members Present: Mayor Dexter, Deputy Mayor Carr, Council members Hamilton, Hodgson, Miller, Schwab, and
Suggs.
Members Absent: None.
Staff Present: City Manager West, Attorney Bloor, and Clerk Martinez-Bailey.
EXECUTIVE SESSION
Based on input from City Attorney William Bloor, Mayor Dexter announced the need for a Closed Session. City
Attorney William Bloor stated the meeting would be held under RCW 42.30.140(4), to discuss collective bargaining
with an employee organization, for 29 minutes until 5:59 p.m. The Executive Session convened at 5:31 p.m.
ADJOURNMENT
Mayor Dexter adjourned the Special Meeting at 6:00 p.m.
CALL TO ORDER-REGULAR MEETING
Mayor Dexter called the regular meeting of the Port Angeles City Council to order at 6:02 p.m.
ROLL CALL
Members Present: Mayor Dexter, Deputy Mayor Carr, Council members Hamilton, Hodgson, Miller, Schwab, and
Suggs.
Members Absent: None.
Staff Present: City Manager West, Deputy City Manager Goings, Attorney Bloor, Clerk Martinez-Bailey, C. Delikat,
B. Smith, S. Carrizosa, J. McKeen, S. Curtin, A. Fountain, M. Young. S. Cartmell, B. Braudrick, and C. Bornsworth.
PLEDGE OF ALLEGIANCE
Mayor led the Pledge of Allegiance to the Flag.
PUBLIC COMMENT
Prior to the first public comment period, the Mayor spoke to individuals in attendance online and in the Council
Chambers who may have had an interest in speaking to license plate readers and stated that Council would be
addressing the matter during a future agenda.
Nancy Stephanz, Port Angeles resident, spoke about item I-2 – Aligned Response and Care Team and supported the
staff recommendation as it was in the Council packet.
Ellen Adams, Port Angeles resident, spoke about drug use and concerns on the west end of Port Angeles near her
home and said that the signs installed to limit parking helped improve the area.
Mike Doherty, Port Angeles resident, spoke in favor of a pause on the sale of the historic fire hall.
February 17, 2026 E - 1
PORT ANGELES CITY COUNCIL MEETING – February 3, 2026
Page 2 of 5
Steve Pelayo, County resident, spoke in opposition of the H-1 – Adopting Updated Lodging Tax Advisory Community
Funding Work Plan and Procedures for 2026 item on the agenda.
Kelly Johnson, residency not stated, spoke in opposition of the H-1 – Adopting Updated Lodging Tax Advisory
Community Funding Work Plan and Procedures for 2026 proposed resolution and spoke in favor of the I-1 – Aligned
Response and Acre Team item on the agenda.
John Ralston, Port Angeles resident, spoke in opposition of the H-1 – Adopting Updated Lodging Tax Advisory
Community Funding Work Plan and Procedures for 2026 proposed resolution.
Jim Haguewood, Port Angeles resident, spoke in opposition of camping on public property and asked that the Council
oppose HB2489.
Ellen Menshew, County resident, spoke in favor of the I-2 – Aligned Response and Care Team item on the agenda
and the staff recommendation and hoped that public participation would b e an option.
Lisa Decker, County resident, spoke in favor of item I-2 – Aligned Response and Care Team item on the agenda.
Laurel Cripe, Port Angeles resident, spoke in favor of item I-2 – Aligned Response and Care Team item on the agenda.
Susie Blake, Port Angeles resident, spoke in favor of item I-2 – Aligned Response and Care Team item on the agenda
and spoke raised concerns about drug use and safety issues in Port Angeles.
CONSENT AGENDA
At the request of Council member Schwab and after hearing no objection the Mayor added I-4 Permanent
Committee Liaisons and J-1 Lease Extension Agreement with the Port of Port Angeles to the Consent
Agenda. At the request of Council member Carr and after hearing no objection, the Mayor added I-3 Ad
Hoc Committee Appointment Committees for 2026-2027 to the Consent Agenda.
It was moved by Schwab and seconded by Suggs to approve the Consent Agenda to include:
1.Minutes of December 16, 2025, January 6. 2026, January 20, 2026 and January 27, 2026 / Approve
2.Expenditure Report between January 10, 2026 and January 23, 2026 in the amount of 3,646,281.72 /
Approve
3.Light Operations Material Purchase – Electric Meters / 1) Approve the purchase of two hundred and
forty (240) electric meters from WESCO of Portland, OR, through the Sourcewell cooperative
purchasing agreement, in the amount of $49,658.40, including applicable taxes, and 2) authorize the
City Manager to sign all contract-related documents, to administer the contract, and to make minor
modifications as necessary.
4.Waterfront Trails Repairs Contract - SVC-2022-59 (TR0621) – Final Acceptance / 1) Accept the
Olympic Discovery Trial Maintenance Contract Project No. SVC-2022-59 as complete, and 2)
authorize staff to proceed with project closeout, and release the retainage upon receipt of all required
clearances.
5.Accepting the Salmon Recovery Through Local Planning Grant Number 26-63117-005 / 1) Accept
the Department of Commerce Salmon Planning Grant Number 26-63117-005 in the amount of
$109,000, and 2) authorize the City Manager or their designee to execute all grant-related
documents, administer the grant, and make modifications.
6 ITEM ADDED TO CONSENT AGENDA / I-3 Ad Hoc Committee Appointment Committees for
2026-2027 / Based on the success of the interview and nomination process utilized in 2024 and 2025,
staff suggest that Council members Carr, Miller and Schwab serve as the Council appointees to the
five ad hoc appointment committees for 2026-2027.
7.ITEM ADDED TO CONSENT AGENDA / I-4 Permanent Committee Liaisons / Based on the final
language of Ordinance #3743, Council Liaisons to Permanent Committees will be appointed on an
February 17, 2026 E - 2
PORT ANGELES CITY COUNCIL MEETING – February 3, 2026
Page 3 of 5
as-needed basis to focus on ensuring specific public policy/work plan items are acted upon by a
specific Permanent Committee. When the Council elects to direct a permanent committee to address
an item, Council will appoint a member of Council to act as liaison to that Permanent Committee.
The liaison will attend the next meeting of that Permanent Committee to explain the specific
request/item. After the Permanent Committee has completed its work on the request/item, the
Permanent Committee Chair will report on that request/item at the following City Council meeting.
8. ITEM ADDED TO CONSENT AGENDA / J-1 Lease Extension Agreement with the Port of Port
Angeles / Approve and authorize the City Manager to sign a three-year Lease Extension Agreement
with Port of Port Angeles in the yearly amount of $85,712.04, with applicable increases in line with
CPI in accordance with the agreement, authorize the City Manager to extend the lease as necessary
until a permanent home for Parks and Recreation operations is ready for occupancy; and allow the
City Manager to make minor modifications to the agreement, if necessary.
Manager West confirmed there was support for staff to reopen the application period to continue to gather applications
for those boards that did not receive sufficient applications. There was no objection from Council.
Motion carried 7-0.
OTHER CONSIDERATIONS
1. Melissa Williams Feiro Presentation
Feiro Marine Life Center Executive Director Melissa Williams presented slides of the proposed
construction set to break ground in downtown Port Angeles on April 8. Director Williams presentation
depicted the center’s conceptual design showing the building and its features, including the building’s
water treatment facility. Director Williams answered questions from Council.
The Mayor recessed the meeting for a break at 6:58 p.m. The meeting reconvened at 7:04 p.m.
RESOLUTIONS NOT REQUIRING COUNCIL PUBLIC HEARINGS
1. Adopting Updated Lodging Tax Advisory Committee Funding Work Plan and Procedures for 2026
Deputy City Manager Calvin Goings introduced the agenda item and introduced Natural Resources and
Grant Administrator Courtney Bornsworth who presented slides on the Lodging Tax Advisory
Committee’s background and process related to the topic. Council discussion followed. City Attorney
Bloor spoke to matter before Council, clarified the funding process, and indicated that the proposal before
Council was consistent with State law.
Mayor Dexter read the resolution by title, entitled,
RESOLUTION NO. 02-26
A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending Lodging Tax
Advisory Committee Funding Work Plan and Procedures by adding new funding disbursement guidance
to include lodging tax fund oversight and administration.
It was moved by Suggs and seconded by Carr to:
Pass the Resolution adopting the updated 2026 Lodging Tax Advisory Committee Funding Work Plan and Procedures
and authorize the City Manager or their designee to administer the work plan and procedures, and to make minor
modifications.
Motion carried 5-2 with Hamilton and Schwab in opposition.
OTHER CONSIDERATIONS CONTINUED
2. Aligned Response and Care (ARC) Team
Deputy City Manager Calvin Goings provided background on the matter, speaking to the original goal of the ARC
Team being to ensure administrative alignment of operations by bringing together cross-functional decision makers
to develop strategic city-wide plans to assist unsheltered individuals to safe and designated facilities, while also
February 17, 2026 E - 3
PORT ANGELES CITY COUNCIL MEETING – February 3, 2026
Page 4 of 5
safeguarding public spaces. Deputy City Manager Goings added that the Legislature is scheduled to adjourn on
March 12, 2026 and that due to any potential impacts the state may have on City policy options, he recognized
Council may wish to weigh on these matters after legislative adjournment. Council discussion followed. Manager
West spoke to the upcoming work session and suggested that Council consider an early start given the topic and that
it may be necessary to carry over the work session into the regular meeting if needed.
It was moved by Carr and seconded by Miller to:
To address the broader citywide issues of camping and sanctioned encampments, Council as a whole should weigh in
on these important matters to provide clear legislative direction to the City Manager through a work session to be held
on April 7, 2026, from 5 p.m. to 6 p.m. in Council Chambers.
Motion carried 6-1 with Schwab opposed.
5. Criminal Justice Update
Manager West stated a six-month extension was fully executed by all parties, spoke to a Letter of Agreement to the
County on several outstanding contractual items, stated that regular monthly meetings with County and City
leadership had been established to address key issues, that weekly internal City staff meetings have been scheduled
to successfully manage the collaboration and negotiation process, and that staff were evaluating outside consultation
services to review projected/estimated costs and delivery models. Council discussion followed.
It was moved by Carr and seconded by Miller to:
Authorize the City Manager or their designee to contract for criminal justice consultant services in an amount not to
exceed $75,000 and appoint Mayor Dexter as the City’s representative to the City’s criminal justice negotiations team,
and request that the Clallam County Board of Commissioners appoint a Commissioner that represents the City of Port
Angeles to their criminal justice negotiations team.
Motion carried 7-0.
The Mayor recessed the meeting for a break at 8:11 p.m. The meeting reconvened at 8:17 p.m.
CITY COUNCIL REPORTS
Council member Hamilton spoke about attendance at the Association of Washington Cities City Action Days
conference and meetings with Sen. Chapman and Rep. Bernbaum, attendance at a Solid Waste Advisory Committee,
a Marine Resources Committee meeting, and spoke to emails received in opposition of license plate readers.
Council member Miller spoke about new and past assignments, reminded Council of the upcoming Serenity House
Open House and spoke about attendance at the Science of Hope learning event.
Deputy Mayor Carr spoke about the Association of Washington Cities City Action Days conference and spoke to
her change from past to new committee assignments.
Council member Hodgson spoke about the William Shore Pool District Board, a Homelessness Task Force meeting,
and license plate reader communications received.
Council member Schwab spoke about attendance at his first North Olympic Development Council meeting, an
upcoming Olympic Peninsula Tourism Commission(OPTC) meeting and his attendance at the upcoming 2026
Tourism Summit, a Recompete quarterly meeting, and license plate reader communications, and spoke of his
opposition of HB2489.
Council member Suggs spoke to her attendance at a William Shore Pool District meeting where she now serves as
Vice Chair, attendance at Marine Resources Committee and Solid Wast Advisory Committee meetings, and spoke to
attendance at a recent peaceful protest.
Mayor Dexter spoke to attendance at a Peninsula College event for the Science of Hope , the Chamber of
Commerce’s Community Awards Gala, interest in attendance at OPTC’s 2026 Tourism Summit and spoke about
Feiro Board work.
No other reports were given.
February 17, 2026 E - 4
PORT ANGELES CITY COUNCIL MEETING – February 3, 2026
Page 5 of 5
INFORMATION
Manager West announced an upcoming Strategic Planning Work Session to be held on February 24 , from 5pm to
7pm, the State of the City Address scheduled for M arch 11, from 11:30-1:00 at Field Hall, and announced the need
for a closed session for 15 minutes. Manager West asked Council and Leadership Team to gather at the front of the
Council Chambers between the Regular Meeting and the Executive Session for a picture celebrating the Seahawks to
be submitted as creative content to the Association of Washington Cities for their 'Washington cities love the
Seahawks!' promotion.
Public Works and Utilities Director Scott Curtin provided an update on the Joint Public Safety Facility project which
included information related to failed contractor bids for work on the facility and the need for Clallam County to rebid
the project. He reiterated the update was for Council’s information only and that he was available for questions.
Director Curtin addressed Council’s questions.
SECOND PUBLIC COMMENT
Grady, Port Angeles resident, spoke about negative impacts license plate readers have on a community.
Glenn Barbieri, Port Angeles resident, spoke about the difficulty of communicating certain issues.
John Ralston, Port Angeles resident, urged Council to reduce expenses and to fix the timing of the downtown
stoplights.
Steve Pelayo, County resident, spoke to H-1 – Adopting Updated Lodging Tax Advisory Community Funding Work
Plan and Procedures for 2026.
Morgan Barrett, Port Angeles, spoke in opposition of license plate readers.
Jim Haguewood, County Resident, spoke about the importance of the upcoming April 7 work session.
EXECUTIVE SESSION
Based on input from City Attorney William Bloor, Mayor Dexter announced the need for a Closed Session to be
held under RCW 42.30.140(4), to discuss collective bargaining with an employee organization for 15 minutes, or
until 9:25 p.m. The Mayor stated there would be a five minute break prior to the Executive Session.
At 9:05 p.m., City Council took a five-minute break. At 9:10 p.m., when their break was finished, Council moved to
the Jack Pittis Conference room for the Executive Session. Council transition from the Council Chambers to the
Jack Pittis Conference room and the Executive Session convened at 9:12 p.m. The meeting adjourned at 9:27 p.m.
and Council members moved from the Jack Pittis conference room to the Council Chambers.
ADJOURNMENT
The Mayor adjourned the meeting at 9:27 pm.
_____________________________________ _______________________________
Kate Dexter, Mayor Kari Martinez-Bailey, City Clerk
Minutes were approved on:
February 17, 2026 E - 5
PORTANGELES FINANCE
WASHINGTON , U . S . DEPARTMENT
February 17, 2026
We,the undersigned City Officials of the City of Port Angeles, do hereby certify that the merchandise
and/or services herein specified have been received and that these claims are approved for payment in
the amount of$3,544,594.07 this 17th day of February,2026.
7."2"
Ma or City Manager
"Where the mountains meet the sea"
360.457.0411 I finance@cityofpa.us www.cltyofpa.us
321 E.5th Street,Port Angeles,WA 98362
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
BROADCAST MUSIC, INC MEMBERSHIPS 001-0000-237.00-00 (40.85)
MISC ONE-TIME VENDORS PAPD SAFE KEEPING CURRENC 001-0000-229.70-00 48,468.57
US BANK CORPORATE PAYMENT
SYSTEM
Police ID patches 001-0000-237.00-00 (8.75)
Accidental purchase-reimb 001-0000-213.10-00 181.19
Holster-D Miller 001-0000-237.00-00 (19.23)
LMNT bundles(5) 001-0000-237.00-00 (60.07)
CITY CREDIT CARD BILL 001-0000-213.10-95 (25,801.13)
Hood mesh bags 001-0000-237.00-00 (5.78)
CED Clothing 001-0000-237.00-00 (56.96)
K9 Jute Cuff 001-0000-237.00-00 (46.28)
Lawn Sweeper Parts(2) 001-0000-237.00-00 (0.73)
Safety flashing Hazard li 001-0000-237.00-00 (157.01)
Bldg Codes/Standards Test 001-0000-237.00-00 (14.24)
CITY CREDIT CARD 001-0000-213.10-95 (34,576.28)
CITY CREDIT CARD 001-0000-213.10-95 (40,553.32)
Headset repairs 001-0000-237.00-00 (16.06)
CITY CREDIT CARD 001-0000-213.10-95 32,841.82
Division Total:($19,865.11)
Department Total:($19,865.11)
MISC TRAVEL J HAMILTON-AWC CITY ACTIO 001-1160-511.43-10 40.00
K DEXTER-AWC CITY ACTION 001-1160-511.43-10 50.33
N CARR-AWC CITY ACTION DA 001-1160-511.43-10 40.00
US BANK CORPORATE PAYMENT
SYSTEM
Council Name Plate-J Hami 001-1160-511.31-01 12.00
Mail name plate-J Hamilto 001-1160-511.31-01 6.00
Name tag-D Schwab 001-1160-511.31-01 11.50
Name tag-J Hamilton 001-1160-511.31-01 11.50
Name tag-A Miller 001-1160-511.31-01 20.69
Mayor & Council Division Total:$192.02
Legislative Department Total:$192.02
MISC TRAVEL N WEST-AWC CITY ACTION DA 001-1210-513.43-10 40.00
OLYMPIC REGION CLEAN AIR
AGCY
MEMBERSHIPS 001-1210-513.49-10 19,960.98
US BANK CORPORATE PAYMENT
SYSTEM
Chamber Luncheon-C Goings 001-1210-513.43-10 27.50
Dinner (incl $8 tip)-N We 001-1210-513.43-10 44.98
Dinner-N West 001-1210-513.43-10 36.69
Page 1 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 6
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
US BANK CORPORATE PAYMENT
SYSTEM
Lodging-N West 001-1210-513.43-10 571.26
Chamber Luncheon-N West 001-1210-513.43-10 30.00
Name tag-C Goings 001-1210-513.31-01 11.50
Sales tax for name plates 001-1210-513.31-01 5.34
Shipping-J Hamilton plate 001-1210-513.31-01 7.50
Breakfast Reg-N West 001-1210-513.43-10 10.61
Chamber Luncheon-C Goings 001-1210-513.43-10 25.00
LeMay Shredding Subscr 001-1210-513.41-50 480.02
Dinner-N West-WHAP Busine 001-1210-513.43-10 33.74
Ferry ticket-N West 001-1210-513.43-10 11.05
Lodging-N West 001-1210-513.43-10 250.77
LeMay Subscr-monthly 001-1210-513.41-50 379.75
City Manager Division Total:$21,926.69
US BANK CORPORATE PAYMENT
SYSTEM
Society for HR Mbmsp-A Fo 001-1220-516.49-01 299.00
United Way Luncheon-A Fou 001-1220-516.43-10 62.18
MRSC Training-A Fountain 001-1220-516.43-10 45.00
PSHRA Mbmsp Dues-A Founta 001-1220-516.49-01 175.00
WSHRMA Conf Fee-A Fountai 001-1220-516.43-10 129.00
HRCI Reg-L Ingraham 001-1220-516.43-10 1,154.00
Job Fair Booth 001-1220-516.43-10 44.00
Snacks for Training 001-1220-516.43-10 186.46
Snacks for Training 001-1220-516.43-10 30.06
Foster Garvey PC Reg-A Fo 001-1220-516.43-10 100.00
Human Resources Division Total:$2,224.70
CIVICPLUS COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 971.93
MISC TRAVEL ADDITIONAL TRAVEL 001-1230-514.43-10 43.00
US BANK CORPORATE PAYMENT
SYSTEM
Subscr Dues 001-1230-514.42-10 43.56
Subscr Dues 001-1230-514.42-10 204.73
Airfare-J Straits 001-1230-514.43-10 242.59
Office supplies-CMO 001-1230-514.31-01 21.75
United Way Luncheon-KMB 001-1230-514.43-10 62.17
Lodging-J Straits 001-1230-514.43-10 323.13
WAPRO Reg-KMB 001-1230-514.43-10 440.00
CISCO Subsc Dues 001-1230-514.42-10 43.56
Page 2 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 7
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
US BANK CORPORATE PAYMENT
SYSTEM
CISCO Subsc Dues 001-1230-514.42-10 204.73
Cisco Subscr Dues 001-1230-514.42-10 43.56
Cisco Subscr Dues 001-1230-514.42-10 204.73
Ferry ticket-KMB 001-1230-514.43-10 11.05
Lodging/parking-KMB 001-1230-514.43-10 176.19
Air purifier filters (50)001-1230-514.31-01 87.11
NAP Mbmsp-KMB 001-1230-514.49-01 123.00
Pens(24pk)/Clorox wipes(3 001-1230-514.31-01 64.40
City Clerk Division Total:$3,311.19
City Manager Department Total:$27,462.58
MISC TRAVEL N BLANK-OLYMPIC PEN TAX T 001-2020-514.43-10 69.24
Finance Administration Division Total:$69.24
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
TUITION REIMBURSEMENT 001-2023-514.43-10 3,955.00
PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPP 001-2023-514.31-01 301.52
US BANK CORPORATE PAYMENT
SYSTEM
Ferry tickets-M Oliver-WF 001-2023-514.43-10 46.40
Refund-ferry tickets-M Ol 001-2023-514.43-10 (46.40)
PayrollOrg Mbmsp-J Aranda 001-2023-514.49-01 305.00
ACFR Award App Fee-M Schn 001-2023-514.31-01 590.00
Lodging-M Oliver 001-2023-514.43-10 129.13
Accounting Division Total:$5,280.65
DATABAR INCORPORATED CYCLES 11-15 BILLED 12/26 001-2025-514.41-50 3,197.29
CYCLES 16-20 BILLED 12/31 001-2025-514.41-50 2,635.12
PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-2025-514.31-01 9.58
OFFICE MACHINES & ACCESS 001-2025-514.31-01 209.40
OFFICE SUPPLIES, GENERAL 001-2025-514.31-01 40.16
OFFICE SUPPLIES, GENERAL 001-2025-514.31-01 82.48
PAYMENTUS GROUP INC TRANSACTION FEES 001-2025-514.41-50 918.12
TRANSACTION FEES 001-2025-514.41-50 17,732.69
SWAIN'S GENERAL STORE INC FIRST AID & SAFETY EQUIP.001-2025-514.31-11 103.31
FIRST AID & SAFETY EQUIP.001-2025-514.31-11 113.15
US BANK CORPORATE PAYMENT
SYSTEM
Office Chair-T Owen 001-2025-514.31-01 119.77
EV charging acct replenis 001-2025-514.31-01 30.00
Receipt printer-K Jacobi 001-2025-514.31-60 116.17
EV charging acct replenis 001-2025-514.31-01 30.00
Page 3 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 8
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
US BANK CORPORATE PAYMENT
SYSTEM
ChargePoint Replenish 001-2025-514.31-01 30.00
US Bank Deposit Bags(6pks 001-2025-514.31-01 71.09
EV charging acct replenis 001-2025-514.31-01 40.00
EV charging acct replenis 001-2025-514.31-01 40.00
Customer Service Division Total:$25,518.33
Finance Department Total:$30,868.22
MISC TRAVEL ADDITIONAL TRAVEL 001-3030-515.43-10 43.00
US BANK CORPORATE PAYMENT
SYSTEM
MRSC Webinar-J Molay/J Ro 001-3030-515.43-10 90.00
Cl Cy filing fees-Worthin 001-3030-515.31-01 32.50
WSAMA Conf Reg-W Bloor 001-3030-515.43-10 364.00
MRSC Webinar-J Molay/J Ro 001-3030-515.43-10 90.00
Ferry ticket-Roberts 001-3030-515.43-10 11.05
Lodging-J Roberts 001-3030-515.43-10 165.13
Lodging-W Bloor 001-3030-515.43-10 329.82
WSBA Reg-W Bloor 001-3030-515.43-10 280.96
WSBA transaction fee-W Bl 001-3030-515.43-10 7.02
City Attorney Division Total:$1,413.48
City Attorney Department Total:$1,413.48
US BANK CORPORATE PAYMENT
SYSTEM
Chamber Luncheon-J Boado 001-4050-558.43-10 27.50
Building Division Total:$27.50
US BANK CORPORATE PAYMENT
SYSTEM
ChatGPT Subscr-B Braudric 001-4060-558.49-01 21.78
APA Prof Mbmsp-A Torres 001-4060-558.49-01 198.98
CBO Test Reg-S Cartmel 001-4060-558.43-10 1,050.00
APA WA Conf Reg-S Cartmel 001-4060-558.43-10 450.00
Name Plate-Planning Comm 001-4060-558.31-01 21.24
ChatGPT Subscr-B Braudric 001-4060-558.49-01 21.78
APA WA Conf Reg-B Braudri 001-4060-558.43-10 450.00
ChatGPT Subscr 001-4060-558.49-01 21.78
Index Dividers (3pks) 001-4060-558.31-01 46.56
Bldg Codes/Standards Test 001-4060-558.49-01 174.24
NPBA Holiday Gala Reg (2)001-4060-558.43-10 186.15
Mentimeter Subscr-B Braud 001-4060-558.49-01 156.00
Sound Publishing Subscr-B 001-4060-558.49-01 73.50
Job Posting-Assoc Planner 001-4060-558.41-50 100.00
Page 4 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 9
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
US BANK CORPORATE PAYMENT
SYSTEM
Kleenex (8 bxs) 001-4060-558.31-01 16.65
Tree watering bags (75)/k 001-4060-558.31-01 632.46
ChatGPT Subscr-B Braudric 001-4060-558.49-01 21.78
Planning Division Total:$3,642.90
TURELLA, STEPHEN J DMD PLLC FACADE GRANT 001-4071-558.49-91 10,000.00
US BANK CORPORATE PAYMENT
SYSTEM
EV charging acct replenis 001-4071-558.31-01 20.00
EV charging acct replenis 001-4071-558.31-01 20.00
EV charging acct replenis 001-4071-558.31-01 30.00
Breakfast Reg-J Boado 001-4071-558.43-10 10.61
CED Clothing 001-4071-558.31-01 696.96
Breakfast Reg-C Goings 001-4071-558.43-10 10.61
Grammarly Subscr-J Boado 001-4071-558.49-01 156.82
ChatGPT Subscr 001-4071-558.49-01 21.78
ChargePoint Replenish 001-4071-558.31-01 40.00
Chamber Luncheon-A Torres 001-4071-558.43-10 30.00
Bridge Toll-S Cartmel 001-4071-558.41-50 5.50
Parking Fee-S Cartmel 001-4071-558.41-50 23.15
Bridge Toll-S Cartmel 001-4071-558.41-50 5.50
Office Furniture-Lamps(2)001-4071-558.31-01 104.52
Parking Fee-S Cartmel 001-4071-558.41-50 23.15
Bridge Toll-S Cartmel 001-4071-558.41-50 5.50
Parking Fee-S Cartmel 001-4071-558.41-50 18.75
ChatGPT Subscr 001-4071-558.49-01 21.78
Lodging-S Cartmel 001-4071-558.41-50 991.47
EV charging acct replenis 001-4071-558.31-01 40.00
Economic Development Division Total:$12,276.10
Community Development Department Total:$15,946.50
US BANK CORPORATE PAYMENT
SYSTEM
Holster-D Miller 001-5010-521.31-11 235.38
WACE Conf Reg-R Bower 001-5010-521.43-10 385.00
WACE Mbmsp-R Bower 001-5010-521.49-01 55.00
Business Prime Mbmsp-PD 001-5010-521.31-01 70.24
Lodging-D Miller 001-5010-521.43-10 451.98
Lodging-R Bower 001-5010-521.43-10 451.98
Lodging-S Ryan 001-5010-521.43-10 554.43
Lodging/Parking-S Ryan 001-5010-521.43-10 66.18
Page 5 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 10
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
US BANK CORPORATE PAYMENT
SYSTEM
Ferry Ticket-B Smith 001-5010-521.43-10 23.20
Lodging-B Smith 001-5010-521.43-10 250.20
Ferry Ticket-B Smith 001-5010-521.43-10 28.30
Name tag-B Woolman 001-5010-521.20-80 25.57
Lodging-J Viada 001-5010-521.43-10 153.26
Ferry Ticket-J Viada 001-5010-521.43-10 23.20
Ferry Ticket-J Viada 001-5010-521.43-10 23.20
Fuel-J Viada 001-5010-521.43-10 48.72
HP Toner-J Viada 001-5010-521.31-01 109.85
HP Toner-J Viada 001-5010-521.31-01 129.47
Batteries 3V CR123A (40pk 001-5010-521.31-01 52.96
Clipboards(36pk)/batterie 001-5010-521.31-01 86.97
WA ASSN OF SHERIFFS & POLICE MEMBERSHIPS 001-5010-521.49-01 2,500.00
Police Administration Division Total:$5,725.09
CURTIS & SONS INC, L N ITEM EXCHANGE 001-5021-521.31-11 71.98
ITEM EXCHANGE 001-5021-521.31-11 71.98
UNIFORM SUPPLIES 001-5021-521.31-11 369.17
UNIFORM SUPPLIES 001-5021-521.31-11 174.20
ITEM RETURN 001-5021-521.31-11 (65.34)
ITEM RETURN 001-5021-521.31-11 (50.09)
UNIFORM SUPPLIES 001-5021-521.31-11 42.47
UNIFORM SUPPLIES 001-5021-521.31-11 237.36
LINCOLN STREET STATION SHIPPING AND HANDLING 001-5021-521.42-10 17.72
SHIPPING AND HANDLING 001-5021-521.42-10 17.72
MISC TRAVEL E HOLLIS-WARRANT SERVICE 001-5021-521.43-10 21.50
T DROPP-WARRANT SERVICE I 001-5021-521.43-10 21.50
J ORDONA-DIGITAL FORENSIC 001-5021-521.43-10 191.70
US BANK CORPORATE PAYMENT
SYSTEM
Faraday Bags(2)-Evidence 001-5021-521.31-01 479.16
Airfare-K Malone 001-5021-521.43-10 506.60
Airfare-J Ordona 001-5021-521.43-10 296.60
Airfare-K Malone 001-5021-521.43-10 296.60
Airfare-R Cameron 001-5021-521.43-10 296.60
Airfare-T Dropp 001-5021-521.43-10 296.60
Airport Parking-K Malone 001-5021-521.43-10 188.00
Page 6 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 11
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
US BANK CORPORATE PAYMENT
SYSTEM
Airport Parking res-K Mal 001-5021-521.43-10 282.00
Fuel veh 2312-R Cameron 001-5021-521.43-10 47.54
Lodging-R Cameron 001-5021-521.43-10 235.69
Ferry Tickets-J Powless 001-5021-521.43-10 23.20
Lodging-J Powless 001-5021-521.43-10 250.20
Ferry Tickets-J Powless 001-5021-521.43-10 33.45
FBI LEEDA Reg-Malone 001-5021-521.43-10 795.00
Lodging-K Malone 001-5021-521.43-10 882.55
Hotel Parking-Malone 001-5021-521.43-10 90.00
Rental Car-Malone 001-5021-521.43-10 392.87
Lodging-J Ordona 001-5021-521.43-10 601.83
Lodging-K Malone/R Camero 001-5021-521.43-10 1,704.69
Rental Car-K Malone (plus 001-5021-521.43-10 351.12
Hard drive-PAPD 001-5021-521.31-01 152.45
Handcuffs(1)-J Hooper 001-5021-521.31-11 37.03
Ferry-K Malone/J Ordona 001-5021-521.43-10 30.75
Handcuffs(1)-J Hooper 001-5021-521.31-11 35.49
Lodging-J Ordona 001-5021-521.43-10 1,088.80
Lodging-K Malone 001-5021-521.43-10 1,088.80
Lodging/Parking-J Powless 001-5021-521.43-10 895.80
Airfare-K Malone-Spokane 001-5021-521.43-10 316.60
Airport parking res-K Mal 001-5021-521.43-10 282.00
Card reader-digital evide 001-5021-521.31-01 10.33
FBI LEEDA CLI tuition-K M 001-5021-521.43-10 795.00
Lodging/Parking-J Powless 001-5021-521.43-10 934.40
Crime scene lighting (2ea 001-5021-521.31-01 435.58
Lodging deposit-J Powless 001-5021-521.43-10 162.56
Fuel-prisoner transport 001-5021-521.43-10 48.22
Fuel-prisoner transport 001-5021-521.43-10 36.46
Fuel-prisoner transport 001-5021-521.43-10 52.53
Lodging-B Hollis-prisoner 001-5021-521.43-10 146.25
Lodging-J Hooper-prisoner 001-5021-521.43-10 146.25
Flash drives (20)-digital 001-5021-521.31-01 91.82
Fuel-J Hooper-NASRO 001-5021-521.43-10 48.51
Page 7 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 12
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
US BANK CORPORATE PAYMENT
SYSTEM
Fuel-Hooper-NASRO 001-5021-521.43-10 48.13
Refund-defective crime sc 001-5021-521.31-01 (217.79)
Investigation Division Total:$15,838.14
BEST FRIEND NUTRITION FEED,BEDDING,VIT-ANIMALS 001-5022-521.49-80 114.33
LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 92.43
SHIPPING AND HANDLING 001-5022-521.42-10 206.25
PORT ANGELES POLICE
DEPARTMENT
EVIDENCE BAGS/AIR FRESHNR 001-5022-521.31-01 26.11
SWAIN'S GENERAL STORE INC RENTAL/LEASE EQUIPMENT 001-5022-521.31-01 25.01
US BANK CORPORATE PAYMENT
SYSTEM
Police ID patches 001-5022-521.31-11 107.11
Polygraph exam-S Barcklow 001-5022-521.41-50 400.00
K9 Jute Cuff 001-5022-521.49-80 566.28
K9 GPS Tracker 001-5022-521.49-80 435.59
Lodging-Z Moore 001-5022-521.43-10 110.00
Lodging-Z Moore 001-5022-521.43-10 110.00
Police Tape 3 mil (24rls)001-5022-521.31-01 245.68
Good to Go Acct Replenish 001-5022-521.43-10 50.00
Lodging-Z Moore 001-5022-521.43-10 780.00
Labels (3pks of 200)-Code 001-5022-521.31-01 88.11
Lodging-Z Moore 001-5022-521.43-10 154.40
Lodging-Z Moore 001-5022-521.43-10 780.00
VIKING SEW & VAC MISCELLANEOUS SERVICES 001-5022-521.31-11 32.64
VELCRO PATCH 001-5022-521.31-11 8.70
WAYNE'S DETAILING EXTERNAL LABOR SERVICES 001-5022-521.45-21 375.00
Patrol Division Total:$4,707.64
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
REIMBURSEMENT UNIFORM ITE 001-5029-521.31-11 76.44
MISC TRAVEL C JACOBI-WSP MASTERING AU 001-5029-521.43-10 23.00
K MACARTHUR-WSP MASTERING 001-5029-521.43-10 23.00
PORT ANGELES POLICE
DEPARTMENT
HEATER FOR RECORDS/PROP 001-5029-521.31-01 43.55
QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 97.65
US BANK CORPORATE PAYMENT
SYSTEM
Carpet Cord Cover-Records 001-5029-521.31-01 15.22
Paper Sacks-Records/Prope 001-5029-521.31-01 139.17
Printer cleaning Kit 001-5029-521.31-01 26.90
Typewriter ribbon 001-5029-521.31-01 76.23
Page 8 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 13
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
US BANK CORPORATE PAYMENT
SYSTEM
WAPRO Reg-C Jacob/K MacAr 001-5029-521.43-10 440.00
Keyboard/DVD Player/wrist 001-5029-521.31-01 87.65
MRSC Reg-K MacArthur 001-5029-521.43-10 90.00
Color File folder tabs(20 001-5029-521.31-01 35.48
Laminating Pouches(500pk)001-5029-521.31-01 21.93
Notary Ins-C Jacobi 001-5029-521.49-01 110.26
Security Envelopes(250) 001-5029-521.31-01 28.09
Lodging-K Butler 001-5029-521.43-10 571.26
Lodging-L Serrato 001-5029-521.43-10 571.26
Logitech Mouse 001-5029-521.31-01 87.11
Monitor desk mounts(2) 001-5029-521.31-01 483.36
Notary Lic-C Jacobi 001-5029-521.49-01 42.00
Paperclips (100pk)-Record 001-5029-521.31-01 8.22
2026 Labels (1pk of 250)-001-5029-521.31-01 15.77
5gal bucket (1)-Records 001-5029-521.31-01 61.82
AC adapter-Records 001-5029-521.31-01 15.68
2026 Desk Calendars (4)-R 001-5029-521.31-01 67.26
Lodging-K MacArthur 001-5029-521.43-10 467.14
Training Reg-K MacArthur 001-5029-521.43-10 272.25
Stackable rolling Toolbox 001-5029-521.31-80 223.11
BIC Pens(60)/Pilot G2 Pen 001-5029-521.31-01 22.07
Pens(12pk)/packing tape(1 001-5029-521.31-01 56.21
Refund-Lodging-K MacArthu 001-5029-521.43-10 (66.24)
Self Inking Stamp-Records 001-5029-521.31-01 10.35
Records Division Total:$4,243.20
Police Department Total:$30,514.07
GLOBALSTAR USA 12-16 A/C AC00153767 001-6010-522.42-10 105.31
LEMAY MOBILE SHREDDING SHREDDING SERVICES 001-6010-522.41-50 90.00
US BANK CORPORATE PAYMENT
SYSTEM
Snacks-Dept Head/EOC dril 001-6010-522.31-01 63.71
Starlink Svc 8/11-9/11 001-6010-522.42-12 297.00
IAAI Mbmsp-D Sharp 001-6010-522.99-10 103.00
SAT Phones/Equip 001-6010-522.42-10 646.45
NAFI Mbmsp-D Sharp 001-6010-522.99-10 60.00
Office supplies-Fire Stat 001-6010-522.31-01 183.02
Starlink internet-monthly 001-6010-522.42-12 355.00
Page 9 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 14
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
US BANK CORPORATE PAYMENT
SYSTEM
Laminating Sheets(100pk) 001-6010-522.31-01 27.21
FCC License Renewal 001-6010-522.42-12 150.00
SAT Phones/Equip 001-6010-522.42-10 644.56
Refund-Med Paper(1rm) 001-6010-522.31-01 (31.24)
Snacks-Officer Staff Mtg 001-6010-522.31-01 20.48
Starlink Svc 10/11-11/10/001-6010-522.42-12 355.00
Clasp envelopes(100pk) 001-6010-522.31-01 17.05
Ferry-C Dewey 001-6010-522.43-10 19.70
Ferry ticket-C Dewey 001-6010-522.43-10 19.70
Lodging-C Dewey 001-6010-522.43-10 155.34
Shipping tape(1rl) 001-6010-522.31-01 14.26
SAT Phones/Equip 001-6010-522.42-10 650.22
HDMI cables(2)/Flash driv 001-6010-522.31-01 145.44
Fire Administration Division Total:$4,091.21
ANGELES MILLWORK & LUMBER EQUIP MAINT & REPAIR SERV 001-6020-522.31-01 107.63
PORT ANGELES POWER
EQUIPMENT
EQUIPMENT MAINTENANCE,RE 001-6020-522.35-01 (91.16)
EQUIPMENT MAINTENANCE,RE 001-6020-522.35-01 91.16
EQUIPMENT MAINTENANCE,REC 001-6020-522.35-01 91.16
SWAIN'S GENERAL STORE INC SUPPLIES 001-6020-522.31-01 15.21
US BANK CORPORATE PAYMENT
SYSTEM
LMNT bundles(5) 001-6020-522.49-90 735.07
Tetrahedrons (8pk)-helmet 001-6020-522.31-01 78.90
Union Fund Supplies 001-6020-522.49-90 277.71
Union Fund Supplies 001-6020-522.49-90 2,024.56
Helmet shields(12) 001-6020-522.31-11 149.91
Headset repairs 001-6020-522.35-01 194.81
License fee-veh #2521 001-6020-522.45-21 56.56
Clock/timers(3)-union fit 001-6020-522.49-90 332.10
WA STATE PATROL EDUCATION EXPENSES 001-6020-522.43-10 10,031.00
Fire Suppression Division Total:$14,094.62
TOWNZEN & ASSOCIATES INC CODE CONSULTING 001-6030-522.49-90 1,500.00
US BANK CORPORATE PAYMENT
SYSTEM
Lodging-J McKeen 001-6030-522.43-10 159.83
Webinar Reg-J McKeen 001-6030-522.43-10 195.00
Fire Prevention Division Total:$1,854.83
US BANK CORPORATE PAYMENT
SYSTEM
Refund-hotel parking-T Ga 001-6045-522.43-10 (54.93)
Page 10 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 15
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
US BANK CORPORATE PAYMENT
SYSTEM
Fuel veh 2422-J McKeen 001-6045-522.32-10 50.05
File holder/tape dispense 001-6045-522.31-01 25.52
Diving Brick-Rescue Train 001-6045-522.43-10 55.11
Hood mesh bags 001-6045-522.31-11 70.80
Snacks-Moulage Class 001-6045-522.31-01 43.22
Lodging-T Gage 001-6045-522.43-10 704.27
Cert Papers(100)-Water Re 001-6045-522.31-01 27.21
Book-Volunteer Recru in F 001-6045-522.43-10 91.24
Rifle case-First Fed Gran 001-6045-522.31-01 57.71
Lodging-D Sharp 001-6045-522.43-10 1,237.84
Lodging-T Gage 001-6045-522.43-10 1,237.84
Mobile file chests(3)-UW 001-6045-522.31-01 357.70
Fire Training Division Total:$3,903.58
A-1 PERFORMANCE, INC MONTHLY CLEANING SERVICES 001-6050-522.41-50 426.56
LEGACY TELECOMMUNICATIONS,
INC
GENERATOR MAINTENANCE 001-6050-522.41-50 952.88
SWAIN'S GENERAL STORE INC HOSES, ALL KINDS 001-6050-522.31-01 98.49
US BANK CORPORATE PAYMENT
SYSTEM
Fridge water filters(2)-S 001-6050-522.48-10 127.35
Dish racks(2)-dishwasher 001-6050-522.48-10 46.93
Locker(1)-Station 001-6050-522.31-20 41.50
Locker(1)-Station 001-6050-522.31-20 38.44
Paper Towels-Fire Station 001-6050-522.31-01 28.30
Propane (143.20gal)-Fire 001-6050-522.31-01 325.41
Facilities Maintenance Division Total:$2,085.86
Fire Department Total:$26,030.10
US BANK CORPORATE PAYMENT
SYSTEM
AWC IACC Conf Reg-A Jones 001-7010-532.31-01 250.00
Copy Paper (6cse)/gloves(001-7010-532.31-01 346.82
PE License Renewal-L Baac 001-7010-532.49-01 128.00
APWA BABA Presentation-J 001-7010-532.43-10 20.00
APWA BABA Presentation-T 001-7010-532.43-10 20.00
Color copy paper (1 ream)001-7010-532.31-01 21.77
Dry erase whiteboard 001-7010-532.31-01 294.02
Sticky notes (1pk)/footre 001-7010-532.31-01 140.03
Pen ink refills (9)/Clipb 001-7010-532.31-01 21.76
File folders (2 sets of 3 001-7010-532.31-01 66.40
Page 11 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 16
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
US BANK CORPORATE PAYMENT
SYSTEM
2032 Lithium batteries (4 001-7010-532.31-01 6.52
Humanitix Reg-W Jorgenson 001-7010-532.43-10 250.00
Laminating pouches(100) 001-7010-532.31-01 54.10
Paperclips(6bx of 100)/Pe 001-7010-532.31-01 43.02
Safety flashing Hazard li 001-7010-532.35-01 1,921.19
PE License-J Currie 001-7010-532.49-01 128.00
Dry erase markers(40)/bin 001-7010-532.31-01 58.80
Lodging-A Jones 001-7010-532.43-10 375.12
ITE Mbmsp-T Hayes 001-7010-532.49-01 347.00
Gift card Visa-Safety Sug 001-7010-532.31-01 56.95
ITE Mtg Reg-J Boehme/T Ha 001-7010-532.43-10 990.00
License fee-veh #2590 001-7010-532.45-21 63.56
Lithium Batteries(2pk) 001-7010-532.31-01 16.32
Daily planners (10) 001-7010-532.31-01 380.61
Public Works Admin. Division Total:$5,999.99
MISC TRAVEL T HAYES-ITE/IMSA CONF 001-7012-532.43-10 356.71
Engineering & CIP Division Total:$356.71
Public Works & Utilities Department Total:$6,356.70
BROADCAST MUSIC, INC MEMBERSHIPS 001-8010-574.49-01 499.85
US BANK CORPORATE PAYMENT
SYSTEM
Ferry Tickets-C Geyer 001-8010-574.43-10 46.40
Lodging-C Geyer-NWLA Retr 001-8010-574.43-10 198.25
Pesticide Recert Reg (2)-001-8010-574.43-10 240.00
Jurassic Parliament Reg-I 001-8010-574.43-10 94.74
Parks Administration Division Total:$1,079.24
HARTNAGEL BUILDING SUPPLY INC METALS,BARS,PLATES,RODS 001-8080-576.31-20 35.84
HAULAWAY STORAGE CONTAINER RENTAL 001-8080-576.45-30 202.10
CONTAINER RENTAL 001-8080-576.45-30 202.10
CONTAINER RENTAL 001-8080-576.45-30 202.10
CONTAINER RENTAL 001-8080-576.45-30 104.89
CONTAINER RENTAL 001-8080-576.45-30 1,018.87
RENTAL/LEASE EQUIPMENT 001-8080-576.45-30 8.37
RENTAL/LEASE EQUIPMENT 001-8080-576.45-30 202.10
HERMANN BROS LOGGING &
CONST
DUMP LOADS-LINCOLN PARK 001-8080-576.48-10 1,213.20
NURSERY STOCK & SUPPLIES 001-8080-576.31-40 30.00
MISC TRAVEL E JOSLIN-AGRISHOP-MOWER S 001-8080-576.43-10 21.50
Page 12 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 17
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
MISC TRAVEL L COX-AGRISHOP FOR MOWER 001-8080-576.43-10 21.50
SWAIN'S GENERAL STORE INC EXTENSION CORD 001-8080-576.31-20 3.23
US BANK CORPORATE PAYMENT
SYSTEM
Line trimmer spools (4ea)001-8080-576.31-20 243.45
Rack Mount PDU power stri 001-8080-576.31-20 70.02
Server rack cabinet-locka 001-8080-576.31-20 777.55
Lawn Sweeper Parts(2) 001-8080-576.31-40 8.95
Flower Bulbs(10 bags) 001-8080-576.31-40 164.77
Retainer/Brush/Sweeper-Pa 001-8080-576.31-01 49.46
License fee-veh #2531 001-8080-576.45-21 63.56
Pesticide Recert Reg-L Co 001-8080-576.43-10 225.00
Parks Facilities Division Total:$4,868.56
Parks & Recreation Department Total:$5,947.80
PORT ANGELES SENIOR CENTER MISC PROFESSIONAL SERVICE 001-8112-555.31-20 2,110.00
Senior Center Facilities Division Total:$2,110.00
GRAINGER SUPPLIES 001-8131-518.31-20 183.36
HI-TECH SECURITY ALARM MONITORING 001-8131-518.48-10 718.74
PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 001-8131-518.31-20 54.15
ELECTRONIC COMPONENTS 001-8131-518.31-20 158.71
PUGET SOUND HARDWARE, INC HARDWARE,AND ALLIED ITEMS 001-8131-518.31-20 325.83
ULINE, INC SUPPLIES 001-8131-518.31-20 69.09
TAPE(NOT DP,SOUND,VIDEO) 001-8131-518.31-20 150.28
TAPE(NOT DP,SOUND,VIDEO) 001-8131-518.31-20 2,169.08
Central Svcs Facilities Division Total:$3,829.24
Facilities Maintenance Department Total:$5,939.24
General Fund Fund Total:$130,805.60
OLYMPIC PENINSULA VISITOR
BUREAU
TOURISM MASTER PLAN SUPT 101-1430-557.41-50 5,000.00
PORT ANGELES WATERFRONT
DISTRICT
WEST BY NW MURAL FESTIVAL 101-1430-557.41-50 7,913.49
Lodging Excise Tax Division Total:$12,913.49
Lodging Excise Tax Department Total:$12,913.49
Lodging Excise Tax Fund Total:$12,913.49
AMAZON CAPITAL SERVICES OFFICE SUPPLIES, GENERAL 102-7230-542.31-01 39.39
OFFICE SUPPLIES, GENERAL 102-7230-542.31-01 50.12
HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 38.01
Page 13 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 18
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
ANGELES CONCRETE PRODUCTS ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 829.43
ANGELES MILLWORK & LUMBER ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 51.62
BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 102-7230-542.31-01 7.60
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
CDL REIMBURSEMENT 102-7230-542.49-90 136.00
NELSON TRUCK EQUIPMENT CO
INC
STREET DE-ICER SYSTEM 102-7230-542.31-05 13,000.00
STREET DE-ICER SYSTEM 102-7230-542.43-10 13,855.32
NORTH SHORE GEO HILL STREET REVIEW 102-7230-542.41-50 700.00
PORT ANGELES POWER
EQUIPMENT
HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 159.64
PARTS 102-7230-542.31-01 85.76
PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 15.09
MISC PROFESSIONAL SERVICE 102-7230-542.47-10 23.20
SWAIN'S GENERAL STORE INC FUEL,OIL,GREASE, & LUBES 102-7230-542.31-01 75.73
HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 97.81
US BANK CORPORATE PAYMENT
SYSTEM
ITR Mbmsp Dues-J Boehme 102-7230-542.49-01 347.00
Sump Pump hose/gloves(2) 102-7230-542.35-01 133.90
1.5" Glass(2ea)-Reinforce 102-7230-542.31-20 166.88
WASHINGTON (DOT), STATE OF SNOW/ICE MAINT 102-7230-542.48-10 165.29
Street Division Total:$29,977.79
Public Works-Street Department Total:$29,977.79
Street Fund Total:$29,977.79
CENTURYLINK 01-06 A/C 300539444 107-5160-528.42-11 78.66
CENTURYLINK-QWEST 01-03 A/C 333809527 107-5160-528.42-11 273.82
ESO SOLUTIONS MANAGEMENT SERVICES 107-5160-528.49-01 53,840.99
INSIGHT PUBLIC SECTOR DATA PROC SERV &SOFTWARE 107-5160-528.48-10 1,042.83
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
MOVING EXPENSE REIMBURSEM 107-5160-528.43-10 1,377.82
MISC TRAVEL S MORIARITY-NENA GIS CRIT 107-5160-528.43-11 515.83
K HATTON-APCO-NENA LEADER 107-5160-528.43-11 353.65
QUILL CORPORATION OFFICE SUPPLIES, GENERAL 107-5160-528.31-01 45.67
US BANK CORPORATE PAYMENT
SYSTEM
APCO Fall Conf Reg-K Hatt 107-5160-528.43-11 410.00
Business Prime Mbmsp-PenC 107-5160-528.31-01 70.24
APCO Conf Reg-S Craig 107-5160-528.43-11 410.00
OPSN Domain Renewal-PenCo 107-5160-528.42-10 446.38
Backup Internet-PenCom 107-5160-528.42-12 132.00
Page 14 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 19
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
US BANK CORPORATE PAYMENT
SYSTEM
First Aid Kit Supplies/Po 107-5160-528.31-01 90.50
MRSC Webinar-C Schraeder 107-5160-528.43-10 35.00
DVD+R (3 spools of 100ea)107-5160-528.31-01 97.98
Lodging-K Hatton 107-5160-528.43-11 123.02
Lodging-S Craig 107-5160-528.43-10 139.06
Training-I Harrington 107-5160-528.43-10 299.00
Secondary Internet 107-5160-528.31-01 165.00
Postage-PenCom Padded Env 107-5160-528.42-10 6.80
NENA Dues-K Hatton 107-5160-528.49-01 152.00
Airfare-S Moriarity 107-5160-528.43-11 576.59
NENA Reg-S Moriarity 107-5160-528.43-11 650.00
Lodging-S Craig 107-5160-528.43-11 510.92
Ferry Fare-S Craig 107-5160-528.43-11 19.70
Lodging-K Hatton 107-5160-528.43-11 501.24
Ferry ticket-K Hatton 107-5160-528.43-11 19.70
Backup internet-PenCom 107-5160-528.42-12 165.00
Bridge Toll-K Hatton 107-5160-528.43-11 5.50
Kleenex(36 bxs)-PenCom 107-5160-528.31-01 80.09
Lodging-C Mason 107-5160-528.43-11 455.81
Lodging-G Kendall 107-5160-528.43-11 455.81
Lodging-I S Jackson 107-5160-528.43-11 455.81
Lodging-K Hatton 107-5160-528.43-11 121.66
Lodging-S Taylor 107-5160-528.43-11 455.81
Lodging-T Wilcox 107-5160-528.43-11 455.81
Pencom Division Total:$65,035.70
Pencom Department Total:$65,035.70
Pencom Fund Total:$65,035.70
PORT ANGELES WATERFRONT
DISTRICT
PBIA 4TH QTR 165-4078-558.41-50 7,644.20
Business Improvement Area Division Total:$7,644.20
Community Development Department Total:$7,644.20
Business Improvement Area Fund Total:$7,644.20
LINCOLN STREET STATION SHIPPING AND HANDLING 175-5260-524.42-10 38.67
SHIPPING AND HANDLING 175-5260-524.42-10 1.80
SWAIN'S GENERAL STORE INC GLOVES 175-5260-524.31-11 37.97
Page 15 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 20
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
Code Enforcement Division Total:$78.44
Criminal Justice Department Total:$78.44
Code Compliance Enforcmt Fund Total:$78.44
ANGELES MILLWORK & LUMBER ENGINEERING EQUIPMENT 310-5950-594.65-10 27.43
US BANK CORPORATE PAYMENT
SYSTEM
Cleaning Robot-Range/Clas 310-5950-594.65-10 816.74
Shelving-Range 310-5950-594.65-10 313.11
Workbench-Range 310-5950-594.65-10 707.83
Amorer Tools-Range 310-5950-594.65-10 58.25
Amorer Tools-Range 310-5950-594.65-10 69.31
Torque Wrench-Range 310-5950-594.65-10 23.95
Lanyards w/ ID holders(50 310-5950-594.65-10 19.59
Dry erase markers(12pk)-E 310-5950-594.65-10 33.74
Homeland Security Division Total:$2,069.95
Public Safety Projects Department Total:$2,069.95
NORTH SHORE GEO SITE RESEARCH/PLAN RVW 310-8985-594.65-10 630.00
TRANE US INC AIR CONDITIONING/HEATING 310-8985-594.65-10 16,595.23
AIR CONDITIONING/HEATING 310-8985-594.65-10 68,171.39
AIR CONDITIONING/HEATING 310-8985-594.65-10 72,767.65
AIR CONDITIONING/HEATING 310-8985-594.65-10 346,897.71
Misc Parks Projects Division Total:$505,061.98
Capital Proj-Parks & Rec Department Total:$505,061.98
Capital Improvement Fund Total:$507,131.93
PARAMETRIX INC 16TH ST LID RETROFIT 312-7930-595.65-10 3,676.98
GF-Street Projects Division Total:$3,676.98
Capital Projects-Pub Wks Department Total:$3,676.98
Transportation Benefit Fund Total:$3,676.98
ATHENS TECHNICAL SPECIALISTS TESTING&CALIBRATION SERVI 401-0000-237.00-00 (71.08)
CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 522.81
GENERAL PACIFIC INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 3,839.51
ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 1,919.75
MISC UTILITY DEPOSIT REFUNDS CREDIT REFUND-1339 W 10TH 401-0000-122.10-99 17.19
DEPOSIT REFUND 401-0000-122.10-99 250.00
FINAL BILL REFUND 401-0000-122.10-99 3.58
FINAL BILL REFUND 401-0000-122.10-99 432.12
LEAD & COPPER SAMPLING 401-0000-122.10-99 20.00
Page 16 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 21
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
MISC UTILITY DEPOSIT REFUNDS OVERPAYMENT-1003 CATHLEEN 401-0000-122.10-99 275.41
OVERPAYMENT-1008 W 5TH ST 401-0000-122.10-99 285.81
OVERPAYMENT-1015 W 12TH 401-0000-122.10-99 535.09
OVERPAYMENT-1025 W 6TH ST 401-0000-122.10-99 160.84
OVERPAYMENT-1032 W 15TH 401-0000-122.10-99 0.02
OVERPAYMENT-1032 W 15TH 401-0000-122.10-99 0.15
OVERPAYMENT-116 ALBERT233 401-0000-122.10-99 207.01
OVERPAYMENT-1203 E 1ST #8 401-0000-122.10-99 50.09
OVERPAYMENT-1212 CRAIG #7 401-0000-122.10-99 28.37
OVERPAYMENT-126 W 4TH ST 401-0000-122.10-99 214.87
OVERPAYMENT-1308 FRONT #2 401-0000-122.10-99 38.54
OVERPAYMENT-1417 S N ST 401-0000-122.10-99 376.32
OVERPAYMENT-1501 PENDLEY 401-0000-122.10-99 240.80
OVERPAYMENT-1521 W 13TH 401-0000-122.10-99 575.23
OVERPAYMENT-1702 MELODY 401-0000-122.10-99 68.28
OVERPAYMENT-1935 W 7TH ST 401-0000-122.10-99 81.87
OVERPAYMENT-1937 W 18TH 401-0000-122.10-99 14.12
OVERPAYMENT-226 ORCAS #1 401-0000-122.10-99 91.02
OVERPAYMENT-3018 PEABODY 401-0000-122.10-99 144.01
OVERPAYMENT-306 W 1ST ST 401-0000-122.10-99 1,619.49
OVERPAYMENT-313 W 1ST ST 401-0000-122.10-99 711.85
OVERPAYMENT-333 W PARK B 401-0000-122.10-99 197.41
OVERPAYMENT-3406 MILL CRK 401-0000-122.10-99 48.84
OVERPAYMENT-414 E 5TH ST 401-0000-122.10-99 0.85
OVERPAYMENT-42 KEMP ST 401-0000-122.10-99 58.52
OVERPAYMENT-516 E 3RD ST 401-0000-122.10-99 57.35
OVERPAYMENT-609 LAURIDSEN 401-0000-122.10-99 0.04
OVERPAYMENT-619 LOPEZ AVE 401-0000-122.10-99 186.44
OVERPAYMENT-733 E 2ND D 401-0000-122.10-99 100.00
OVERPAYMENT-812 E ST 401-0000-122.10-99 66.31
OVERPAYMENT-814 E 2ND ST 401-0000-122.10-99 2.37
OVERPAYMENT-906 S LAUREL 401-0000-122.10-99 1.34
OVERPAYMENT-910 W 16TH ST 401-0000-122.10-99 75.00
OVERPAYMENT-919 S F ST 401-0000-122.10-99 0.30
Page 17 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 22
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
MISC UTILITY DEPOSIT REFUNDS OVERPAYMENT-922 S CEDAR 401-0000-122.10-99 660.40
OVERPAYMENT-926 W 10TH ST 401-0000-122.10-99 497.29
OVERPAYMENT-928 E 7TH ST 401-0000-122.10-99 245.90
Division Total:$14,851.43
Department Total:$14,851.43
US BANK CORPORATE PAYMENT
SYSTEM
EV charging acct replenis 401-7111-533.31-01 10.00
EV charging acct replenis 401-7111-533.31-01 10.00
Wireless headphones(2) 401-7111-533.31-60 38.10
UW CED Reg-S Saiz 401-7111-533.43-10 1,345.50
ChargePoint Replenish 401-7111-533.31-01 20.00
Airfare-S Saiz 401-7111-533.43-10 296.60
Electrical Lic-T Peppard 401-7111-533.43-10 87.00
Airport Parking-S Saiz 401-7111-533.43-10 90.20
ChargePoint Replenish 401-7111-533.31-01 20.00
PPE Boots-J Nieborsky 401-7111-533.31-01 88.21
PPE Boots-V Smith/S Saiz 401-7111-533.31-01 239.56
WSU Reg-J Niebrosky 401-7111-533.43-10 950.00
Loding-J Nieborsky 401-7111-533.43-10 612.16
EV charging acct replenis 401-7111-533.31-01 20.00
Engineering-Electric Division Total:$3,827.33
BPA-POWER WIRES DEC POWER BILL 401-7120-533.33-10 1,091,010.00
NEWS DATA LLC LIBRARY SERVICES(EXCL 908 401-7120-533.49-01 5,112.86
PUD #1 OF CLALLAM COUNTY 4TH QTR POWER USAGE 401-7120-533.33-50 9,232.47
Power Systems Division Total:$1,105,355.33
AMAZON CAPITAL SERVICES OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 311.49
ANGELES MILLWORK & LUMBER ELECTRICAL EQUIP & SUPPL 401-7180-533.34-02 (52.27)
MISC FASTENER 401-7180-533.34-02 3.27
ATHENS TECHNICAL SPECIALISTS TESTING&CALIBRATION SERVI 401-7180-533.48-10 869.83
CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 60.98
HAND TOOLS ,POW&NON POWER 401-7180-533.35-01 65.34
FEDERAL EXPRESS CORP SHIPPING CHARGES 401-7180-533.42-10 40.95
HARTNAGEL BUILDING SUPPLY INC MISC FASTENER 401-7180-533.34-02 (3.27)
MATT'S TOOLS USA, LLC OPTICAL EQUIP ACESS& SUPP 401-7180-533.31-01 34.58
ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 250.47
PACIFIC OFFICE EQUIPMENT INC PAPER (OFFICE,PRINT SHOP) 401-7180-533.31-01 258.35
Page 18 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 23
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 21.55
ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 65.68
ELECTRICAL EQUIP & SUPPLY 401-7180-533.31-20 80.32
PUGET SOUND HARDWARE, INC HARDWARE,AND ALLIED ITEMS 401-7180-533.31-01 716.95
SECURITY SERVICES NW, INC COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 107.81
SWAIN'S GENERAL STORE INC FASTENERS, FASTENING DEVS 401-7180-533.34-02 9.54
THURMAN SUPPLY FASTENERS, FASTENING DEVS 401-7180-533.34-02 27.25
ULINE, INC BUILDING MAINT&REPAIR SER 401-7180-533.35-01 424.94
BUILDING MAINT&REPAIR SE 401-7180-533.35-01 (424.94)
BUILDING MAINT&REPAIR SE 401-7180-533.35-01 424.94
US BANK CORPORATE PAYMENT
SYSTEM
Safety fence-Cl Cy Fair 401-7180-533.31-01 79.21
Speaker/hot dogs(8pks)-Cl 401-7180-533.31-01 634.57
Electric fence string-Cl 401-7180-533.31-01 27.21
IAEI Reg-T Peppard 401-7180-533.43-10 395.00
NWPPA Training-J Nelson 401-7180-533.43-10 90.00
Ferry tickets-K Haman 401-7180-533.43-10 30.80
Lodging-K Haman 401-7180-533.43-10 364.65
License fee-veh #2551 401-7180-533.45-21 63.56
IMSA Mbmsp-T Commeree 401-7180-533.49-01 100.00
WALTER E NELSON CO PAPER & PLASTIC-DISPOSABL 401-7180-533.31-01 74.29
SHIPPING AND HANDLING 401-7180-533.31-01 8.17
Electric Operations Division Total:$5,161.22
Public Works-Electric Department Total:$1,114,343.88
Electric Utility Fund Total:$1,129,195.31
ALS ENVIRONMENTAL ANALYTICAL SERVICES 402-7380-534.41-50 500.00
AMAZON CAPITAL SERVICES OFFICE SUPPLIES, GENERAL 402-7380-534.31-01 24.17
ANGELES MILLWORK & LUMBER BRUSHES (NOT CLASSIFIED) 402-7380-534.31-20 26.10
PAINTING EQUIPMENT & ACC 402-7380-534.31-01 39.40
FIRE CHIEF EQUIPMENT CO, INC EQUIP MAINT & REPAIR SERV 402-7380-534.48-10 422.21
JJC RESOURCES, LLC ROAD/HWY MAT NONASPHALTIC 402-7380-534.31-20 1,168.08
ROAD/HWY MAT NONASPHALTIC 402-7380-534.31-20 1,351.76
PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 402-7380-534.31-20 107.52
ELECTRICAL EQUIP & SUPPLY 402-7380-534.31-20 91.44
PORT ANGELES POWER
EQUIPMENT
AUTO & TRUCK MAINT. ITEMS 402-7380-534.31-01 372.47
Page 19 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 24
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7380-534.47-10 58.56
MISC PROFESSIONAL SERVICE 402-7380-534.47-10 205.62
SPECTRA LABORATORIES-KITSAP SAMPLE TESTING 402-7380-534.41-50 397.00
SAMPLE TESTING 402-7380-534.41-50 397.00
TESTING&CALIBRATION SERVI 402-7380-534.41-50 269.00
SWAIN'S GENERAL STORE INC PAINTING EQUIPMENT & ACC 402-7380-534.31-20 86.48
HAND TOOLS ,POW&NON POWER 402-7380-534.31-01 56.56
HARDWARE,AND ALLIED ITEMS 402-7380-534.31-01 123.92
THURMAN SUPPLY PIPE AND TUBING 402-7380-534.31-20 47.04
PLUMBING EQUIP FIXT,SUPP 402-7380-534.31-01 55.23
TMG SERVICES INC WATER SEWAGE TREATMENT EQ 402-7380-534.31-20 14,403.11
US BANK CORPORATE PAYMENT
SYSTEM
Exam Prep Reg-C Blake 402-7380-534.43-10 430.00
Exam Prep Reg-M Cook 402-7380-534.43-10 430.00
GRC Reg/Test-Leonard 402-7380-534.43-10 51.00
Weld steel for shut offs 402-7380-534.31-20 108.27
Humanitix Reg-C Blake/M C 402-7380-534.43-10 500.00
Meter box-Melody LN 402-7380-534.31-20 380.82
Monitor Stand-L Baack 402-7380-534.31-01 385.90
Waterworks Test Prep-C Bl 402-7380-534.43-10 87.00
Waterworks Test Prep-M Co 402-7380-534.43-10 87.00
Lodging-C Blake 402-7380-534.43-10 538.08
Lodging-M Cook 402-7380-534.43-10 504.24
Tool Box Chest Top 402-7380-534.35-01 1,414.61
WTP Tool Box 402-7380-534.35-01 2,721.41
WA STATE DEPARTMENT OF
ECOLOGY
ENVIRONMENTAL&ECOLOGICAL 402-7380-534.49-90 1,208.00
Water Division Total:$29,049.00
PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7382-534.47-10 56.76
Industrial Water Treatmnt Division Total:$56.76
Public Works-Water Department Total:$29,105.76
Water Utility Fund Total:$29,105.76
AMAZON CAPITAL SERVICES PAPER (OFFICE,PRINT SHOP) 403-7480-535.31-01 101.11
ANGELES MILLWORK & LUMBER HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 505.17
ROAD/HWY MAT NONASPHALTIC 403-7480-535.31-20 104.51
BUILDER'S SUPPLIES 403-7480-535.31-20 (568.40)
Page 20 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 25
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
ANGELES MILLWORK & LUMBER BUILDER'S SUPPLIES 403-7480-535.31-20 568.40
COLE INDUSTRIAL INC STEAM & HOT WATER BOILERS 403-7480-535.31-20 586.66
CONVERGINT TECHNOLOGIES LLC FIRE PROTECTION EQUIP/SUP 403-7480-535.41-50 3,528.36
EUROFINS DRINKING WATER &
WASTEWATE
MISC PROFESSIONAL SERVICE 403-7480-535.41-50 672.80
MISC PROFESSIONAL SERVICE 403-7480-535.41-50 809.10
FEDERAL EXPRESS CORP SHIPPING CHARGES 403-7480-535.42-10 30.37
FIRE CHIEF EQUIPMENT CO, INC EQUIP MAINT & REPAIR SERV 403-7480-535.41-50 1,231.10
HARTNAGEL BUILDING SUPPLY INC ROAD/HWY MAT NONASPHALTIC 403-7480-535.31-20 224.80
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
SAFETY TOE BOOT REIMBURSE 403-7480-535.31-01 119.23
MISC TRAVEL M WEED-PUMP DROP OFF AT G 403-7480-535.43-10 23.00
POLYDYNE INC WATER&SEWER TREATING CHEM 403-7480-535.31-05 4,104.89
PROFESSIONAL TRAINING ASSN SCHOOL EQUIP& SUPPLIES 403-7480-535.43-10 217.20
PUD #1 OF CLALLAM COUNTY SERVICE AT MASTERS RD 403-7480-535.47-10 681.63
SWAIN'S GENERAL STORE INC FIRST AID & SAFETY EQUIP.403-7480-535.31-01 40.45
PAPER & PLASTIC-DISPOSABL 403-7480-535.31-01 37.34
PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-01 57.65
FASTENERS, FASTENING DEVS 403-7480-535.31-01 62.07
CLOTHING & APPAREL 403-7480-535.31-01 54.31
SHOES AND BOOTS 403-7480-535.31-01 252.42
THURMAN SUPPLY PIPE FITTINGS 403-7480-535.31-20 21.85
TMG SERVICES INC EQUIP MAINT & REPAIR SERV 403-7480-535.31-20 758.58
US BANK CORPORATE PAYMENT
SYSTEM
PPRC Reg-D Freed 403-7480-535.43-10 650.00
Lodging-D Freed 403-7480-535.43-10 569.73
Lodging-H Carlseen 403-7480-535.43-10 225.88
Humanitix Reg-R Hartley 403-7480-535.43-10 250.00
Tax correction-Lodging-D 403-7480-535.43-10 0.45
License fee-veh #2571 403-7480-535.45-21 63.56
WENGLER SURVEYING & MAPPING ENGINEERING SERVICES 403-7480-535.41-50 8,550.00
Wastewater Division Total:$24,534.22
Public Works-Wastewater Department Total:$24,534.22
Wastewater Utility Fund Total:$24,534.22
SNIFFER ROBOTICS ENVIRONMENTAL&ECOLOGICAL 404-0000-237.00-00 (356.00)
Division Total:($356.00)
Department Total:($356.00)
Page 21 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 26
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
AMAZON CAPITAL SERVICES FEED,BEDDING,VIT-ANIMALS 404-7538-537.31-01 65.28
FIRE PROTECTION EQUIP/SUP 404-7538-537.31-01 154.16
ANGELES MILLWORK & LUMBER JANITORIAL SUPPLIES 404-7538-537.31-01 114.39
CLOTHING ACCESSORIES(SEE 404-7538-537.31-01 118.94
CLEAN EARTH EVIRONMENTAL
SOLUTIONS
ENVIRONMENTAL SPECIALIST 404-7538-537.41-50 917.23
FAMILY SHOE STORE SHOES AND BOOTS 404-7538-537.31-01 300.00
HERMANN BROS LOGGING &
CONST
GLASS TRANSPORT 404-7538-537.41-50 1,575.00
RABANCO, LTD RECYCLING TRANSPORTATION 404-7538-537.41-51 47,169.67
REGIONAL DISPOSAL COMPACTOR CHARGE 404-7538-537.41-51 20,093.90
TRANSFER STATION CHARGES 404-7538-537.41-51 153,687.60
TRANSFER STATION CHARGES 404-7538-537.41-51 302,072.89
SNIFFER ROBOTICS ENVIRONMENTAL&ECOLOGICAL 404-7538-537.41-50 4,356.00
SWAIN'S GENERAL STORE INC AIR CONDITIONING & HEATNG 404-7538-537.31-01 227.34
SHOES AND BOOTS 404-7538-537.31-01 182.84
JANITORIAL SUPPLIES 404-7538-537.31-01 65.24
WA STATE RECYCLING
ASSOCIATION
MEMBERSHIPS 404-7538-537.49-01 165.00
SW - Transfer Station Division Total:$531,265.48
AMAZON CAPITAL SERVICES PAPER (OFFICE,PRINT SHOP) 404-7580-537.31-01 60.98
ANGELES MILLWORK & LUMBER PAINTING EQUIPMENT & ACC 404-7580-537.31-01 32.75
DATABAR INCORPORATED CALENDAR INSERT 404-7580-537.41-15 63.64
SW BILL INSERT 404-7580-537.41-15 96.52
SWAIN'S GENERAL STORE INC HOODY 404-7580-537.31-01 54.31
CLOTHING ACCESSORIES(SEE 404-7580-537.31-01 153.42
JANITORIAL SUPPLIES 404-7580-537.31-01 54.32
ELECTRONIC COMPONENTS 404-7580-537.31-01 32.64
JANITORIAL SUPPLIES 404-7580-537.31-01 (18.48)
WA STATE RECYCLING
ASSOCIATION
MEMBERSHIPS 404-7580-537.49-01 150.00
Solid Waste-Collections Division Total:$680.10
SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 404-7585-537.31-20 748.49
Solid Waste-Landfill Division Total:$748.49
Public Works-Solid Waste Department Total:$532,694.07
Solid Waste Utility Fund Total:$532,338.07
Page 22 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 27
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
US BANK CORPORATE PAYMENT
SYSTEM
Safety flashing Hazard li 406-0000-237.00-00 (78.50)
Division Total:($78.50)
Department Total:($78.50)
AMAZON CAPITAL SERVICES OFFICE SUPPLIES, GENERAL 406-7412-538.31-01 71.32
ANGELES MILLWORK & LUMBER HAND TOOLS ,POW&NON POWER 406-7412-538.35-01 31.66
BUTCHER SHOP & MEAT EQUIP 406-7412-538.31-01 22.00
HAND TOOLS ,POW&NON POWER 406-7412-538.35-01 38.10
BAXTER AUTO PARTS #15 AUTO SHOP EQUIPMENT & SUP 406-7412-538.31-01 43.00
CLALLAM CNTY DIV OF ENV
HEALTH
STREAM/WATER TESTING 406-7412-538.41-50 1,274.00
CLALLAM CONSERVATION
DISTRICT
NURSERY STOCK & SUPPLIES 406-7412-538.44-10 264.98
PORT ANGELES POWER
EQUIPMENT
AUTO & TRUCK MAINT. ITEMS 406-7412-538.31-01 60.81
SWAIN'S GENERAL STORE INC FIRST AID & SAFETY EQUIP.406-7412-538.31-01 135.84
JANITORIAL SUPPLIES 406-7412-538.31-01 20.19
US BANK CORPORATE PAYMENT
SYSTEM
Humanitix Reg-G Haskings 406-7412-538.43-10 250.00
Good to Go 406-7412-538.43-10 6.50
Safety flashing Hazard li 406-7412-538.35-01 960.59
Office chair-M Moore 406-7412-538.31-01 979.02
Stormwater Division Total:$4,158.01
Public Works-Wastewater Department Total:$4,158.01
Stormwater Utility Fund Total:$4,079.51
US BANK CORPORATE PAYMENT
SYSTEM
Empty SlingPak(8)-First F 409-0000-237.00-00 (261.21)
Blue guns(7)-First Fed Gr 409-0000-237.00-00 (74.20)
Division Total:($335.41)
Department Total:($335.41)
ANGELES MILLWORK & LUMBER SUPPLIES 409-6025-526.43-10 15.34
BOUND TREE MEDICAL, LLC SUPPLIES 409-6025-526.31-13 1,146.57
SUPPLIES 409-6025-526.31-01 378.46
SUPPLIES 409-6025-526.31-01 2,075.12
SALE SURPLUS/OBSOLETE 409-6025-526.31-01 1,949.05
SALE SURPLUS/OBSOLETE 409-6025-526.31-13 196.01
SALE SURPLUS/OBSOLETE 409-6025-526.31-13 90.58
SALE SURPLUS/OBSOLETE 409-6025-526.31-13 743.93
Page 23 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 28
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
BOUND TREE MEDICAL, LLC SUPPLIES 409-6025-526.31-01 1,435.74
HI-TECH SECURITY ALARM MONITORING 409-6025-526.48-10 418.05
FIRE PROTECTION EQUIP/SUP 409-6025-526.48-10 718.74
LINCOLN STREET STATION EXTERNAL LABOR 409-6025-526.31-01 19.70
STRYKER SALES CORPORATION 6257 XPEDITION MID CONFIG 409-6025-526.31-01 16,162.43
SYSTEMS DESIGN WEST, LLC EMS BILLING-DECEMBER 409-6025-526.41-50 3,828.84
THURMAN SUPPLY PIPE FITTINGS 409-6025-526.31-01 (7.45)
PIPE FITTINGS 409-6025-526.31-01 50.88
US BANK CORPORATE PAYMENT
SYSTEM
AA Batteries (4pk)-radio 409-6025-526.35-01 78.36
Bridge toll-EMS 409-6025-526.43-10 6.50
Micro cases(2)/foam sheet 409-6025-526.31-01 94.63
Batteries(2-6pk)-EMS 409-6025-526.31-01 69.63
Empty SlingPak(8)-First F 409-6025-526.31-01 3,196.21
Blue guns(7)-First Fed Gr 409-6025-526.31-01 907.95
TECC supplies-First Fed G 409-6025-526.31-01 113.18
Bridge toll-veh 2422 409-6025-526.43-10 11.50
Bridge tolls (4) 409-6025-526.43-10 64.50
Air Hose-Fire Engine 409-6025-526.35-01 21.77
PM School Book-B Walsh 409-6025-526.43-10 86.16
PM School Book-T Muir 409-6025-526.43-10 86.16
Autism EMS Resp Bags 409-6025-526.31-08 307.54
Water Rescue Training 409-6025-526.31-08 535.50
Medic I Division Total:$34,801.58
US BANK CORPORATE PAYMENT
SYSTEM
Field Arts room rental-CO 409-6027-334.05-40 857.85
Community Paramedicine Division Total:$857.85
Fire Department Total:$35,659.43
Medic I Utility Fund Total:$35,324.02
INTEGRAL CONSULTING, INC PROGRESS REPORT 413-7481-535.41-50 3,644.00
HARBOR SEDIMENT SUPPORT 413-7481-535.41-50 7,520.50
Wastewater Remediation Division Total:$11,164.50
Public Works-Wastewater Department Total:$11,164.50
Harbor Clean Up Fund Total:$11,164.50
DAVE'S HEATING & COOLING SVC CONSERVATION REBATE 421-7121-533.49-86 1,810.00
OHAB GLASS LLC CONSERVATION REBATE 421-7121-533.49-86 477.78
Page 24 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 29
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
OHAB GLASS LLC CONSERVATION REBATE 421-7121-533.49-86 480.00
RYDER HEATING AND COOLING CONSERVATION REBATE 421-7121-533.49-86 920.00
CONSERVATION REBATE 421-7121-533.49-86 920.00
US BANK CORPORATE PAYMENT
SYSTEM
Lodging-J Currie 421-7121-533.43-10 186.12
Conservation Division Total:$4,793.90
Public Works-Electric Department Total:$4,793.90
Conservation Fund Total:$4,793.90
CITY ELECTRIC SUPPLY CO ACTIVATION/CONFIG CLOUD 451-7188-594.65-10 2,132.27
Electric Projects Division Total:$2,132.27
Public Works-Electric Department Total:$2,132.27
Electric Utility CIP Fund Total:$2,132.27
PLATT ELECTRIC SUPPLY INC ELECTRONIC COMPONENTS 452-7388-594.65-10 878.29
Water Projects Division Total:$878.29
Public Works-Water Department Total:$878.29
Water Utility CIP Fund Total:$878.29
KENNEDY/JENKS CONSULTANTS A ST WW DESIGN 453-7488-594.65-10 18,579.50
NRC ENVIRONMENTAL SERVICES,
INC
WWTP DIGESTER CLEANING 453-7488-594.65-10 328,639.20
Wastewater Projects Division Total:$347,218.70
Public Works-Wastewater Department Total:$347,218.70
WasteWater Utility CIP Fund Total:$347,218.70
AMAZON CAPITAL SERVICES AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 778.23
RADIO & TELECOMMUNICATION 501-0000-141.40-00 98.83
AUTOZONE STORES, INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 482.38
N C MACHINERY CO AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 638.71
NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 577.20
NEW PIG CORPORATION JANITORIAL SUPPLIES 501-0000-141.40-00 1,290.73
O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 1,141.59
PRICE FORD LINCOLN LAMP ASSEMBLY 501-0000-141.40-00 (305.98)
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 352.39
TACOMA DODGE CHRYSLER JEEP AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 (110.30)
Division Total:$4,943.78
Department Total:$4,943.78
AMAZON CAPITAL SERVICES AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 93.63
Page 25 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 30
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
AMAZON CAPITAL SERVICES PAPER (OFFICE,PRINT SHOP) 501-7630-548.31-01 49.92
ANGELES COLLISION REPAIR AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 406.71
EXTERNAL LABOR SERVICES 501-7630-548.34-02 2,606.40
ANGELES MILLWORK & LUMBER AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 11.41
BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 110.66
CURTIS & SONS INC, L N SAFETY INSPECTIONS 501-7630-548.34-02 4,497.07
DAREN'S POINT S AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 34.85
EXTERNAL LABOR SERVICES 501-7630-548.34-02 174.24
FAR-WEST MACHINE &
HYDRAULICS
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 38.00
HECKMAN MOTORS, INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 662.00
HUGHES FIRE EQUIPMENT INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 891.56
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 597.00
LES SCHWAB TIRE CENTER EXTERNAL LABOR SERVICES 501-7630-548.34-02 182.36
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 870.49
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,038.05
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,937.23
EXTERNAL LABOR SERVICES 501-7630-548.34-02 45.94
EXTERNAL LABOR SERVICES 501-7630-548.34-02 100.19
EXTERNAL LABOR SERVICES 501-7630-548.34-02 91.18
EXTERNAL LABOR SERVICES 501-7630-548.34-02 91.18
MCMASTER-CARR SUPPLY CO AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 585.94
O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 110.94
R & S TRANSPORT, INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 762.30
EXTERNAL LABOR SERVICES 501-7630-548.34-02 762.30
SIRENNET.COM AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 317.55
RADIO & TELECOMMUNICATION 501-7630-548.34-02 124.15
SNAP-ON TOOLS - SARGENT
TOOLS LLC
AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 799.60
TACOMA DODGE CHRYSLER JEEP EXTERNAL LABOR SERVICES 501-7630-548.34-02 158.83
THURMAN SUPPLY AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 33.86
US BANK CORPORATE PAYMENT
SYSTEM
Diagnostic tool Subscr-an 501-7630-548.48-02 65.34
Lunch-3rd Qtr Safety Comm 501-7630-548.31-01 163.42
Snacks-3rd Qtr Safety Com 501-7630-548.31-01 28.48
Bridge Toll-Veh #2494 501-7630-548.45-21 6.90
Page 26 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 31
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
VESTIS SERVICES LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 18.16
LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 18.16
WORLD KINECT ENERGY SVCS FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 151.28
Equipment Services Division Total:$18,637.28
Public Works Department Total:$18,637.28
Equipment Services Fund Total:$23,581.06
US BANK CORPORATE PAYMENT
SYSTEM
Fiber Optic cables(30) 502-0000-237.00-00 (32.48)
Fiber optic patch cables 502-0000-237.00-00 (7.71)
lperius Backup Full Softw 502-0000-237.00-00 (32.60)
SAN Controller Batteries-502-0000-237.00-00 (39.42)
SAN Controller Batteries-502-0000-237.00-00 (44.05)
Division Total:($156.26)
Department Total:($156.26)
ASTOUND BROADBAND COMMUNICATIONS/MEDIA SERV 502-2081-518.42-12 11,777.07
COMPUTERS,DP & WORD PROC. 502-2081-518.42-12 280.70
COMPUTERS,DP & WORD PROC. 502-2081-518.42-12 280.70
DATA PROC SERV &SOFTWARE 502-2081-518.42-12 8,278.54
COMPUTERS,DP & WORD PROC. 502-2081-518.42-12 (280.70)
CANON USA, INC COPIER EXPENSE 502-2081-518.45-31 4,131.99
CENTURYLINK-QWEST 01-06 A/C 334046758 502-2081-518.42-10 3,308.00
DELL MARKETING LP COMPUTER HARDWARE&PERIPHE 502-2081-518.31-61 3,586.37
PACIFIC OFFICE EQUIPMENT INC PAPER, TDP, 20#, 8.5X11, 502-2081-518.49-60 77.04
SHI INTERNATIONAL CORP HARDWARE 502-2081-518.31-60 (325.61)
SUPERION, LLC DATA PROC SERV &SOFTWARE 502-2081-518.48-02 866.87
US BANK CORPORATE PAYMENT
SYSTEM
Anker Power banks(6) 502-2081-518.31-80 261.30
Anker 737 power bank 502-2081-518.31-60 95.82
Anker 737 power banks(5) 502-2081-518.31-80 479.10
OSHA Safety Harness 502-2081-518.35-01 405.83
AC emerg cooling supplies 502-2081-518.35-01 71.96
AC emer cooling supplies/502-2081-518.35-01 29.63
USB-C ext cables(2) 502-2081-518.42-10 10.33
Anker charger station/USB 502-2081-518.31-80 76.21
Credit-price drop on 8/20 502-2081-518.35-01 (81.17)
SSL Cert Renewal 502-2081-518.48-02 847.30
Cable Clips(50pcs)/Wire T 502-2081-518.35-01 23.29
Page 27 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 32
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
US BANK CORPORATE PAYMENT
SYSTEM
Anker 737 power bank 502-2081-518.31-80 95.82
Cybersecurity Prizes 502-2081-518.43-10 48.99
Cybersecurity Prizes 502-2081-518.43-10 21.77
SSL Cert Renewal 502-2081-518.48-02 291.85
Ext Cord/Tin Snips(1) 502-2081-518.35-01 41.32
Fiber Optic cables(30) 502-2081-518.31-80 397.43
Padlock/Hardware(5) 502-2081-518.35-01 38.57
Safety Hasps(2)/Hardware(502-2081-518.35-01 35.33
SAN hard drives(3ea) 502-2081-518.31-80 702.41
Fiber optic patch cables 502-2081-518.31-80 94.37
Digital thermometer/Safet 502-2081-518.35-01 58.05
VERIZON WIRELESS 01-15 A/C 842160242-00001 502-2081-518.42-10 2,493.19
01-15 A/C 842160242-00003 502-2081-518.42-10 1,147.53
01-15 A/C 842160242-00004 502-2081-518.42-10 4,394.06
VERTIV CORPORATION EQUIP. MAINT. AUTO,TRUCK 502-2081-518.48-10 12,142.35
EQUIP. MAINT. AUTO,TRUCK 502-2081-518.48-10 12,142.35
Information Technologies Division Total:$68,345.96
SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 502-2082-594.65-10 4,515.23
TYLER TECHNOLOGIES, INC IMPLEMENTATION SUPPORT 502-2082-594.65-10 5,227.20
US BANK CORPORATE PAYMENT
SYSTEM
UPS Replacement Battery 502-2082-594.65-10 79.49
lperius Backup Full Softw 502-2082-594.65-10 398.98
SAN Controller Batteries-502-2082-594.65-10 482.40
SAN Controller Batteries-502-2082-594.65-10 539.03
IT Capital Projects Division Total:$11,242.33
Finance Department Total:$79,588.29
Information Technology Fund Total:$79,432.03
HSA BANK SERVICE FEES 503-1631-517.41-50 36.00
SERVICE FEES 503-1631-517.41-50 227.50
REDQUOTE, INC. HRA CLAIM REIMBURSEMENTS 503-1631-365.90-20 3,647.10
HRA CLAIM REIMBURSEMENT 503-1631-365.90-20 9,591.14
HRA 2026 ADMIN FEES 503-1631-365.90-20 59,400.00
HRA CLAIM REIMBURSEMENT 503-1631-365.90-20 787.63
Other Insurance Programs Division Total:$73,689.37
DEPARTMENT OF LABOR &
INDUSTRIES
4TH QTR L&I 503-1661-517.49-50 177,298.01
Page 28 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 33
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
DEPT OF LABOR & INDUSTRIES 4TH QTR 2025 503-1661-517.49-50 1,071.70
WASHINGTON HOSPITAL SVCS DECEMBER FEE FOR SERVICE 503-1661-517.41-50 750.00
JANUARY FEE FOR SERVICE 503-1661-517.41-50 750.00
Worker's Compensation Division Total:$179,869.71
AON RISK INSURANCE SERVICES
WEST
UST INSURANCE RENEWAL 503-1671-517.46-10 4,642.00
CIVICPLUS SUBSCRIPTION/CODIFICATION 503-1671-517.41-50 11,285.85
MISC CLAIM SETTLEMENTS IN HOUSE LIABILITY CLAIM 503-1671-517.49-98 1,130.00
IN HOUSE LIABILITY CLAIM 503-1671-517.49-98 3,254.91
IN-HOUSE LIABILITY CLAIM 503-1671-517.49-98 1,130.00
IN HOUSE LIABILITY CLAIM 503-1671-517.49-98 (1,130.00)
IN-HOUSE LIABILITY CLAIM 503-1671-517.49-98 (1,130.00)
Comp Liability Division Total:$19,182.76
Self Insurance Department Total:$272,741.84
Self-Insurance Fund Total:$272,741.84
AFLAC AFLAC MONTHLY PREMIUMS 920-0000-231.53-10 858.98
CHAPTER 13 TRUSTEE CASE #125-11570 920-0000-231.56-90 1,384.62
EMPLOYEES ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-30 1,220.22
EMPLOYMENT SECURITY DEPT PAID FAMILY MEDICAL LEAVE 920-0000-231.53-50 78,846.35
EMPLOYMENT SECURITY-WA
CARES FUND
LONG TERM CARE DEDUCTIONS 920-0000-231.53-51 39,081.54
HSA BANK EMPLOYEE DEDUCTIONS 920-0000-231.52-40 5,594.65
LEOFF PAYROLL SUMMARY 920-0000-231.51-21 52,474.05
OFFICE OF SUPPORT
ENFORCEMENT
PAYROLL SUMMARY 920-0000-231.56-20 1,581.98
PERS PAYROLL SUMMARY 920-0000-231.51-10 776.07
PAYROLL SUMMARY 920-0000-231.51-11 12,843.91
PAYROLL SUMMARY 920-0000-231.51-12 74,729.73
PAYROLL SUMMARY 920-0000-231.51-22 8,619.36
TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 2,898.00
PAYROLL SUMMARY 920-0000-231.54-10 2,898.00
UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 200.00
WSCFF/EMPLOYEE BENEFIT
TRUST
PAYROLL SUMMARY 920-0000-231.53-20 6,800.00
Division Total:$290,807.46
Department Total:$290,807.46
Page 29 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 34
City of Port Angeles
City Council Expenditure Report
Between Jan 24, 2026 and Feb 6, 2026
Vendor Description Account Number Amount
Payroll Clearing Fund Total:$290,807.46
Total for Checks Dated Between Jan 24, 2026 and Feb 6, 2026 $3,544,591.07
Page 30 of 30 Feb 9, 2026 8:03:46 AMFebruary 17, 2026 E - 35
Date: February 17, 2026
To: City Council
From: Scott Curtin, Director of Public Works & Utilities
Subject: Approve Electric Utility Easements
Relationship to Strategic Plan: The 2025-2026 Strategic Plan (Resolution 10-24) was approved by
the City Council on October 1, 2024. This proposal directly aligns with Strategic Focus Area #4 –
Infrastructure Development, Maintenance, and Connectivity.
Background / Analysis: Some parcels of land within the City of Port Angeles are not readily accessible
from public rights-of-way for electric utility service. For reasons of cost, appearance, and accessibility, it
is often preferable to cross portions of private property with either overhead or underground conductors to
serve a different property owner, or to locate other electrical facilities on private property. In those cases,
an easement is secured from the property owner which provides the City legal access to the property being
crossed or encumbered for purposes of construction and/or maintenance of electric infrastructure. Such
granting of property rights must be accepted by the City Council.
Easements for electric utility lines have recently been secured from property owners at the foll owing
locations. Copies of these easements are included herewith:
Easement County Recording
Number
1 Parcel 063008581230 - for service equipment shared with 1033
Madrona St.
2026-1479260
2 Parcel 063008581220 - for service equipment shared with 1037
Madrona St.
2026-1479261
3 230 E 5th St - for service equipment 2025-1471538
4 2003 Westview Dr - for service equipment 2025-1476976
It is requested that the City Council approve the above easements for electric utility facilities.
Funding: Not applicable
Attachments: Recorded easements and easements overview map
Summary: Staff is seeking City Council acceptance of utility easements that grant the City access to real
property for electric utility facilities.
Strategic Plan: This proposal directly aligns with Strategic Focus Area #4 – Infrastructure Development,
Maintenance, and Connectivity.
Funding: Not applicable
Recommendation: 1) Approve the utility easements described herein for electric utility facilities.
February 17, 2026 E - 36
Easement 1 and 2
Easement 3
Easement 4
February 17, 2026 E - 37
2025-1471538Pacelof2 EasementP6rt Angeles Citv 0f
CIaI lam County Llashington @61 A612@25 1 1 : 05: @2 AFI
t'fil|fihll llFilhlluil tl ll Illll ll,rtrl$,HlLl+Hlili l{ {l
After Recording, reum to:
City ofPort Angeles
Public Works md Utility Engineering
321 E.5th St.
Port Argeles, WA. 98362
Cranto(s): 230 E 5th LLC
Grantee(s): City of Port Angels, Washington
UTILITY EASE.MENT
OLATLAM ECIU frJTY TRfiASiJ R TR
EXCISETAX TXTMPT
DATE JUhr 0 $ e025
BY:
.-'.?
-)! ./, \
For good and valuable consideration, receipt ofwhich is hereby acknowledged, the undersigned, ownes ofthe land below
desciibed, hereby gant to the City ofPort Angcles, a municipal corpomtion, Grmtee, the perPetual, incvocable easement and
right ofway under, over and across the lud described below. The Grmtee shall have the right to Place, locate, construct, oP€rate,
re-pair, maintain, replace md keep clear thercon an overhead and/or underground electric trmsmission and distribution line md/or
system, together with such other lines and equipment 6 may be placed thereon by the grantee or by odrers with its consent, at no
cost to the property omer, including the right to cut dom od trim trees to thc extent nccessary to keep them clear ofsuch line
o. ryrt". "ndio "ut
dom, from time to tine, all dead, weak, leaning or dangerous trees that tre tall enough to strike the wires.
The Grantor(s) shall not erect or place ay strucnrre, building, tree or shrub on the lmd below described without the express
written pemission of dre City of Port Angeles:
Easement shall be l0 feet north frorn the south properry line and ten feet east from the west proPerty line ( a ten foot by ten foot
area in the southwest comer) ofthe property knom as Clallm Counfy Assessor's pacel no. 0630000200030000, commonly
identified as 230 East 5th Sheet, W 40'LT Z &E 20'LOT 3 BL 200, in the tomship of Port Angelcs, Clallam County
Washington, as show on Figure I attached hereto.
l) Gmntee shalt have the right to ingess and egress over and across thc land ofthe Grmtor to and from the above-described
property md the right to clear all obstructions from the described property. Grantee shall at all times have the right to full and
free ingress to and egress from such said prcperty for all purposes hsein mentioned.
2) Gmntee shall not be responsible for damage causcd to Gmtor arising &om Grmtee's exercise of the rights and privileges
herein gnnted.
3) The Grotor shall not occupy or use the dcscribed property in a manner inconsistent with or interfering with the lights md
privileges herein granted.
4) Ifin thc futurc the utility casement is abandoncd by the City, thc rights conveyed to the City ofPort Angeles by this easemcnt
will thereupon revert to the propsty owner(s) and this ecement shall be void.
5) The rights hercin granted shall inure to thc benefit ofthc Grantcc's successors and assigns, including any party which it may
grant contact, joint user, or other similtr rights.
Suree Chommuang Owner/ President June 6h 2025
Grmtor Title Date
Title Date
STATE OF WASHINGTON}
COTNTY OF CLALLAM) ss.
This is to certify that on this _6th_ day of
-June-,
_2025- personaily appeared beforc m
(Grantor)-Suree Chommuang to me knom to be the individual as described in and who
executed the foregoing insffument md acknowledged that they signed the same as free and voluntary act md deed,
for the uses and purpose therein -.nrtoo"O. ,. ,.,
Given undcr my hmd md official sql this /zrYA day of
--
'_*l-hlW",z'z *rn irr,! t2 ,i
?r53,if,f,*,."--ri".s
",,,,;iii3.i$I_s
at
the State of Washington
Page 1 of 2
February 17, 2026 E - 38
Figure 1 : Easement Area
.. , I
.,,,,_ � ,:r . �.,,-:;i.r _____ _
Page 2 of 2
February 17, 2026 E - 39
2025-7476976Paselof2 EasementPort nngeles Citv 0f
CIaIIam eounty l.lashington 1111312@25 11:28:10 FPI
I I I I ll,r Fr fi[ t',b tilt' I i1 L h Tr ll I I' htl r !i# r F]l I b lll hl' I I ll I
After Recording, retum to:
City ofPort Angeles
Public Works and Utility Engineering
321 E. 5th St.
Port Argeles, WA. 98362
UTILITY EASEMENT
Grantor(s): Larry Roberts and Robyn Roberts
Grantee(s): City of Porc Angeles, Washington
For good and valuable consideration, receipt ofwhich is hereby acknowledged, the undersigned, owners of the land below
described, hereby grant to the City ofPort Angeles, a municipal corporation, Grantee, the perpetual, irrevocable easement and
right ofway under, over and across the land described below. The Grantee shall have the right to place, locate, construct, operate,
repair, maintain, replace and keep clear thereon an overhead andlor underground electric transmission and distribution line andlor
system, together with such other lines and equipment as may be placed thereon by the grantee or by others with its consent,
including the right to cut down and trim trees to the extent necessary to keep them clear ofsuch line or system and to cut down,
from time to time, all dead, weak, leaning or dangerous trees that are tall enough to strike the wires. The Grantor(s) shall not erect
or place any structure, building, tree or shrub on the land below described without the express written permission of the City of
Port Angeles:
The Westerly 14 feet of the Southerly 5 feet of LOT 12 EXC EASE BLK 1 WEST VIEW V5 OF PLATS P18 SUR V86 P47 commonly
known as parcel number 063000931 120 (2003 Westview Drive, Port Angeles WA 98363) Ciallam Comty Washington, as shown
on Figure 1 attached hereto.
1) Grantee shall have the right to ingress and egress over and across the land ofthe Grantor to and from the above-described
property and the right to clear all obstructions from the described properfy. Grantee shall at all times have the right to fulI and
free ingress to and egress from such said property for all purposes herein mentioned.
2) Grantee shall not be responsible for damage caused to Grantor arising from Grantee's exercise ofthe rights and privileges
herein granted.
3) The Grantor shall not occupy or use the described property in a mannet inconsistent witb or intedering with the rights and
privileges herein granted.
4) If in the futr.ue the utility easement is abandoned by the City, the rights conveyed to the City of Port Angeles by this easement
will tirereupon revert to the property owner(s) and this easement shal1 be
void.
5) The rights herein granted shall inure to the benefit ofthe Grantee's successors and assigns, including any party which it may
grant contact, joint or rights.
Larry Property Owner I /l3 zo?s
Grantor
Robyn Roberts
Title
Property Co'Owner l,z l*,sstl
Grantor Title
STATE OF WASHTNGTON)
COUNTY OF CLALLAM) ss.
Thisistocerti$thatontlris (3 auytr 9OrtCSOel,25 personallyappearedbeforeme
(Grantor) Larry Roberts and Robyn Roberts to me known to be the individual as described in and who
executed the foregoing instrument and acknowledged that they signed the same as free and voluntary act and deed,
for the uses and purpose therein mentioned.
Givenundermyhandandofficiat sealthis / 3 auv or No(ecabCt, PLS
CLi\!-LAnd S illli rl"f'Y T$t h\S ti Rfift
ffifrtsrT,{i{ Hxrru!pT in and for the State of Washington
DATH NOVI3?$25
/
-date
tsY:l{f zuro$r/ 0€F
at
&l a-e,P
ROS
February 17, 2026 E - 40
I
Figure 1: Easement Area
February 17, 2026 E - 41
2026-747926.0Paselof2 Easement
Port Angeles Cj.ty 0f
Ctitiam dounty hlaihington @112812A26 1@:05:10 API
llll llfrf ihffi ',llFilll{ lli lhtlll l[ l'[{rl lltrl {llh+' ll ll I
CI.ALLAM CO L' TJTV Ti'{gASU RER
EXCISETAX EXEMPT
DATE JAN282026
t+4i
After Recording, retum to:
City of Port Angeles
Public Works and Utility Engineering
32t E. 5th St.
Port Angeles, WA. 98362
UTILITY EASEMENT
Grantor(s): Andrew Pryor
Grantee(s): City of Port Angeles, Washington
For good and valuable consideration, receipt ofwhich is hereby acknowledged, the undersigned owner(s) ofthe land below
described, hereby grant to the City of Port Angeles, a municipal corporation, Grantee, the perpetual, irrevocable easement and
right ofway under, over and across the land described below. The Grantee shall have the right to place, locate, construct, operate,
repair, maintain, replace and keep clear thereon an overhead and/or underground electric transmission and distribution line and/or
system, together with such other lines and equipment as may be placed thereon by the grantee or by others with its consent,
including the right to cut down and trim trees to the extent necessary to keep them clear of such line or system and to cut down,
from time to time, all dead, weak, leaning or dangerous trees that are tall enough to strike the wires. The Grantor(s) shall not erect
or place any structure, building, tree or shrub on the land below described without the express written permission of the City of
Port Angeles:
The southerly l0 feet of the westerly 5 feet of LOT 12 BLK l2 PENNSYLVANIA PARK ADDN V2 OF PLATS P66, Townsite
Port Angeles, Clallam County Assessor's parcel no. 063008581230, Clallam County, Washington, as shown on Figure I attached
hereto.
Further noted that this easement is one of two 5ft x 1Oft easements that compose a contiguous 1 Oft xlOft easement across the two
adjoining lots 1 I and 12, bisected by the lot line:
I ) Crantee shall have the right to ingress and egress over and across the land ofthe Grantor to and from the above-described
property and the right to clear all obstructions from the described property. Grantee shall at all times have the right to full and
free ingress to and egress from such said property for all purposes herein mentioned.
2) Grantee shall not be responsible for damage caused to Crantor arising from Grantee's exercise ofthe rights and privileges
herein granted.
3) The Grantor shall not occupy or use the described property in a manner inconsistent with or interfering with the rights and
privileges herein granted.
4) If in the future the utility easement is abandoned by the City, the rights conveyed to the City of Port Angeles by this easement
will thereupon revert to the property owner(s) and this easement shall be
void.
5) The rights herein granted shall inure to the benefit ofthe Crantee's successors and assigns, including any party which it may
grant contact, joint user,similar rights
OvJ^af t7 /2
Grantor Title Date
Grantor Title Date
STATE OF WASHINGTON}
COUNTY OF CLALLAM) ss.
This is to certify that on this il day of
BY:
Sq$,$$il, eCt25 personally appeared before me
to me known to be the individual as described in and who
Notary Public in and lor the State of Washington
s
executed the foregoing instrument and acknowledged that they signed the same as free and voluntary act and deed,
for the uses and purpose therein mentioned.
Givenundermyhandandofficialsealthis Z7 a.y"tSUfrUs.[\, 2OZb
$rS.os. ($*n ..ltllllt,,
CA RI
Residing at
Co
Page 1 of 2
February 17, 2026 E - 42
Figure l: Easement Area
EASEUEHT AREA
0 510 20 30 l+0 il
s
Feet "+E
)fi
16
008581100
008581155
P
06 n0
11
NNSYLVANIA P
12 063008581230
RK ADDITION
Mdrona St
0tr10085812'+0
13
I II tl II
Page2 of 2
February 17, 2026 E - 43
BY:
After Recording, retum to:
City of Port Angeles
Public Works and Utility Engineering
321 E. 5th St.
Port Angeles, WA. 98362
I]TILITY EASEMENT
Grantor(s): Andrew Pryor
Crantee(s): City of Port Angeles, Washington
For good and valuable consideration, receipt ofwhich is hereby acknowledged, the undersigned owner(s) ofthe land below
described, hereby grant to the City of Port Angeles, a municipal corporation, Grantee, the perpetual, irrevocable easement and
right ofway under, over and across the land described below. The Grantee shall have the right to place. locate, construct, operate,
repair, maintain, replace and keep clear thereon an overhead and/or underground electric transmission and distribution line and/or
system, together with such other lines and equipment as may be placed thereon by the grantee or by others with its consent,
including the right to cut down and trim trees to the extent necessary to keep them clear of such line or system and to cut down,
from time to time, all dead, weak, leaning or dangerous trees that are tall enough to strike the wires. The Grantor(s) shall not erect
or place any structure, building, tree or shrub on the land below described without the express written permission of the City of
Port Angeles:
The easterly 5 feet of the southerly 10 feet of LOT I I BLK 12 PENNSYLVANIA PARK ADDN V2 OF PLATS P66, Townsite
of Port Angeles, Clallam County Assessor's parcel no. 063008581220, Clallam County, Washington, as shown on Figure I
attached hereto.
Further noted that this easement is one of two 5ft x lOft easements that compose a contiguous 1Oft xlOft easement across the two
adjoining lots I 1 and 12, bisected by the lot line:
l) Grantee shall have the right to ingress and egress over and across the land ofthe Grantor to and from the above-described
property and the right to clear all obstructions from the described property. Grantee shall at all times have the right to full and
free ingress to and egress from such said property for all purposes herein mentioned.
2) Grantee shall not be responsible for damage caused to Grantor arising from Grantee's exercise ofthe rights and privileges
herein granted.
3) The Grantor shall not occupy or use the described property in a manner inconsistent with or interfering with the rights and
privileges herein granted.
4) If in the future the utility easement is abandoned by the City, the rights conveyed to the City of Port Angeles by this easement
will thereupon revert to the property owner(s) and this easement shall be
void.
5) The rights herein granted shall inure to the benefit ofthe Grantee's successors and assigns, including any party which it may
grant contact, joint user, or other similar rights.
2026-1479267Pagelof2 Easement
endreu PrYorcliTiiil bbiiiv uasrrington ut2at2@26 1@r05:10 AM
lli Hrtrr ngnpt' t+ t hi\lllill lll lft I r ll lltrhl' ll ll I
Aa
CLALLAM CCIL,iilTY 1 }TEASU R[R
E(CISETAX HXEfuIPT
DATE JAN282026
f /zrtzc
ttraddf.fun ,&A
I
Grantor
STATE OF WASHINGTON}
COUNTY OF CLALLAM) ss.
_(Grantor)
This is to certify that on tt is 27 auv or{g{f\$$Y, 29z6p.rsonaily appeared before me
.f
Title Date
to me known to be the individual as described in and who
Notary Public in and for the State of Washington
executed the foregoing instrument and acknowledged that they signed the same as free and voluntary act and deed,
for the uses and purpose therein mentioned.
Given under my hand and official seal this 2l a"v "r SOfrr.r,ss.SY , 2O2b
T!)<oN $Socsn
s-$,;$$g'. "
= =l Dr1 --=
=-_q.9 'u8Lrc -si....- s
'4r,tx
Residing at
$trr"
Page 1 of 2
February 17, 2026 E - 44
t
Figure 1: Easement Area
EASE iI E NT AREA
0510 20 30 40 -+Feet E
N
s
Madrona St
sFT X 1OFT
EASEIIENT AREA
155
P.
11
220
NNSY AN IA PA
063008581230
12
tK ADDIT
13 m3m85812,
ON t-
is
14
III Ittt I
Page2 of 2
February 17, 2026 E - 45
Date: February 17, 2026
To: City Council
From: Scott Curtin, Director of Public Works & Utilities
Subject: 2025 Pole Testing – Final Acceptance CON-2025-03
Relationship to Strategic Plan: The 2025-2026 Strategic Plan (Resolution 10-24) was approved by
the City Council on October 1, 2024. This proposal directly aligns with Strategic Focus Area #4 –
Infrastructure Development, Maintenance, and Connectivity.
Background / Analysis: Many of the City’s wooden utility poles are now over 40 years old. In an
effort to extend the service life and to minimize deterioration of the utility poles, staff utilize a regular cycle
of inspecting and testing approximately ten percent of the City's wooden poles for internal decay each year
and cycle through the complete system once every ten years. Utilities employing routine pole inspections
and treatments find that wooden pole life can be extended by decades, providing savings to the utility.
The work was advertised for bid on September 26th, 2025 and on November 5th, 2025, City Council awarded
the lowest bid to Pacific Pole Inspection of Kelso, WA. The estimated quantity of poles and services
required were adjusted as necessary so as not to exceed the contract value of $60,000. The contract work
was performed, inspected and deemed complete by City Staff.
The total cost, including taxes, is tabulated in the following table:
Project Cost Summary
Original Contract
Amount
Change
Orders (1)
Unit Quantity
Variations
Final Cost Project Cost Variance
$ 60,000.00 $0.00 -$ 1.54 $ 59,998.46 -$ 1.54
Funding Overview: Funds are available in the 2025 Light Operations budget 401-7180-533-4810 in the
not-to-exceed amount of $60,000.00, including taxes.
Attachment: None
Summary: Staff is seeking City Council final acceptance for the work performed by Pacific Pole Inspection
of Kelso, WA to inspect, test, and treat wooden utility poles within the City. The work was inspected,
confirmed to be complete, and is ready for acceptance by City Council with the final project cost amounting to
$59,998.46 including taxes. A 5% retainage is being held.
Strategic Plan: This proposal directly aligns with Strategic Focus Area #4 – Infrastructure Development,
Maintenance, and Connectivity.
Funding: Funds have been made available in the 2025 Light Operations budget 401-7180-533-4810 in the
not-to-exceed amount of $60,000.00, including taxes.
Recommendation: 1) Accept the Pole Testing Project No. CON-2025-03 as complete, and 2) authorize
staff to proceed with project closeout, and 3) release the retainage funds upon receipt of all required
clearances.
February 17, 2026 E - 46
Date: February 17, 2026
To: City Council
From: Scott Curtin, Director of Public Works & Utilities
Subject: Right-of-Way Services for Ennis Creek Fish Barrier Removal, Professional Services
Agreement with Commonstreet Consulting, PSA-2025-47
Relationship to Strategic Plan: The 2025-2026 Strategic Plan (Resolution 10-24) was approved by
the City Council on October 1, 2024. This project directly aligns with Strategic Focus Area# 4 –
Infrastructure Development, Maintenance, and Connectivity and furthers the City’s approved 2026-2031
Capital Facilities Plan through project GG0119.
Background / Analysis: The Ennis Creek Fish Barrier Removal project will replace a pair of fish
barrier culverts on East Ennis Road, just south of the City Wastewater Treatment Plant. This work will
permanently or temporarily impact adjacent properties and therefore must adhere to Federal and State
Right-of-Way Procedures that require a qualified consultant be hired to perform this work.
Ten firms were evaluated from the MRSC Roster. In evaluating the statement of qualifications,
Commonstreet Consulting of Seattle, WA, was determined to be the most qualified. Engineering staff
worked with Commonstreet Consulting to develop a detailed scope of work and negotiate a maximum
not-to-exceed contract amount of $46,797.87 based on the anticipated support services efforts.
Funding Overview: Funding is available in the approved General Governmental Capital Facilities
Budget GG0119 (310-7910-594-6510) in the amount of $255,000. The fees for each task are estimates;
the City will only be invoiced for work that is actually performed.
Summary: Staff is seeking City Council approval to award a Professional Services Agreement PSA-
2025-47 to Commonstreet Consulting of Seattle, WA, in the not to exceed amount of $46,797.87,
including applicable taxes, for the right-of-way phase of the Ennis Creek Fish Barrier Removal project
(GG0119).
Strategic Plan: This project directly aligns with Strategic Plan Focus Area# 4 – Infrastructure
Development, Maintenance, and Connectivity.
Funding: Funding is available in the approved 2026-2031 General Governmental Capital Facilities
Budget GG0119 (310-7910-594-6510) in the amount of $255,000.
Recommendation: 1) Award a Professional Services Agreement PSA-2025-47 to Commonstreet
Consulting of Seattle, WA for the Ennis Creek Fish Barrier Removal right-of-way services in the not to
exceed amount of $46,797.87, including applicable taxes, and 2) authorize the City Manager to sign all
contract-related documents, to administer the contract, and to make minor modifications as necessary.
February 17, 2026 E - 47
The tasks and fees for the Right-of-Way Services for Ennis Creek Fish Barrier Removal are summarized
below:
Task Budget
1 – Project Management and
Administration $6,437.30
2 – Title Review and Conveyance
Documents Drafts $2,055.10
3 – Valuation Services $3,059.98
4 – Negotiations, Administrative
Settlements, and QA/QC $23,182.80
5 – Project and File Close-out $2,055.10
6 – Directed Services $1372.59
Other Direct Costs $8635.00
Total $46,797.87
Attachment(s): PSA-2025-47
February 17, 2026 E - 48
Page 1 of 13
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
CITY OF PORT ANGELES
AND
COMMONSTREET CONSULTING
PSA-2025-47
RELATING TO: RIGHT-OF-WAY SERVICES FOR ENNIS CREEK FISH BARRIER
REMOVAL
THIS AGREEMENT is made and entered into, by and between THE CITY OF PORT
ANGELES, a non-charter code city and municipal corporation of the State of Washington,
(hereinafter called the "CITY") and COMMONSTREET CONSULTING, a Washington
corporation authorized to do business in the State of Washington (hereinafter called the
"CONSULTANT").
WHEREAS, the CITY desires right-of-way services, and consulting assistance related to the
removal of double barrel culverts and replacement with bridge crossing at the intersection of
Ennis Creek and East Ennis Creek Road and creek and associated stream restoration work.
WHEREAS, the CITY desires to engage the professional services and assistance of a qualified
engineering firm to perform the Scope of Services as detailed in Exhibit A; and
WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the
State of Washington for professional registration and/or other applicable requirements; and
WHEREAS, the CONSULTANT represents that it has the background, experience, and ability
to perform the work requested by the CITY in accordance with the standards of the profession;
and
WHEREAS, the CONSULTANT represents that it will provide qualified personnel and
appropriate facilities necessary to accomplish the work;
NOW, THEREFORE, in consideration of the above representations and the terms, conditions,
covenants, and agreements set forth below, the parties hereto agree as follows:
I SCOPE OF SERVICES
General Scope
The CONSULTANT will accomplish the work as described in the Scope of Services attached in
Exhibit A (the “Services”). The Scope of Services may be amended upon written approval of
both parties.
The CITY may review the CONSULTANT'S Services, and if they do not meet the Professional
Standard of Care the CONSULTANT shall make such changes as may be required by the
CITY. Such changes shall not constitute "Extra Work" as related in Section XII of this
Agreement. Any changes to the Scope of Services made necessary due to causes outside the
CONSULTANT’S reasonable control shall be provided as an extra work herein.
February 17, 2026 E - 49
Page 2 of 13
Standard of Care
Consultant represents and warrants that it has the requisite training, skill and e xperience
necessary to provide the Services and is appropriately accredited and licensed by all applicable
agencies and governmental entities. The Services will be performed in a manner consistent with
that degree of care and skill ordinarily exercised by members of the same profession currently
practicing in similar circumstances.
Consultant is responsible for professional quality, technical accuracy, and the coordination of all
designs, drawings, specifications, and other services furnished by or on the behalf of the
Consultant under this Agreement. Consultant, without additional compensation, shall correct or
revise errors or mistakes in the designs, drawings, specifications, and/or other consultant
services immediately upon notification by the City. The obligation provided for in this section
regarding acts or omissions resulting from this Agreement survives Agreement termination or
expiration.
The Consultant shall take all precautions necessary and shall be responsible for the safety of its
employees, agents and sub-consultants in the performance of the work hereunder and shall
utilize all protection necessary for that purpose. All work shall be done at the Consultant’s own
risk, and the Consultant shall be responsible for any loss or damage to materials, tools, or other
articles used or held by the Consultant for use in connection with the work.
II OWNERSHIP OF DOCUMENTS
Upon completion of the Services, all written and electronic documents, exhibits, CAD files,
project plans, engineering reports, or other presentations of the work directed by the CITY in
Exhibit A with the exception of those standard details and specifications regularly used by the
CONSULTANT in its normal course of business shall upon payment of all amounts rightfully
owed by the CITY to the CONSULTANT herein become the property of the CITY for use
without restriction and without representation as to suitability for reuse by any other party
unless specifically verified or adapted by the CONSULTANT. However, any alteration of the
documents, by the CITY or by others acting through or on behalf of the CITY, will be at the
CITY's sole risk.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The CONSULTANT'S representative
shall be subject to the approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by both parties and
written direction to proceed from CITY and the duration of the Agreement shall extend through
December 31, 2026.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such
February 17, 2026 E - 50
Page 3 of 13
payment shall be full compensation for work performed, services rendered, and all labor,
materials, supplies, equipment and incidentals necessary to complete the work.
A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and
profit plus CONSULTANT'S direct non-salary reimbursable costs as set forth in the
attached Exhibit B.
B. The CONSULTANT shall submit invoices to the CITY on a monthly ba sis. Invoices shall
detail the work, hours, employee name, and hourly rate; shall itemize with receipts and
invoices the non-salary direct costs; shall indicate the specific task or activity in the Scope
of Service to which the costs are related; and shall indicate the cumulative total for each
task.
C. The CITY shall review the invoices and make payment for the percentage of the project
that has been completed less the amounts previously paid.
D. The CONSULTANT invoices are due and payable within 30 da ys of receipt. In the event
of a disputed billing, only the disputed portion will be withheld from payment.
E. Final payment for the balance due to the CONSULTANT will be made after the completion
of the work and acceptance by the CITY.
F. Payment for "Extra Work" performed under Section XII of this Agreement shall be as
agreed to by the parties in writing.
G. The City shall make payments to CONSULTANT through Automated Clearing House
(ACH).
VI MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation
and reimbursement under this Agreement, including labor, direct non-salary reimbursable
costs and outside services, shall not exceed the maximum sum of $46,797.87. The budget for
each task is as set forth in the attached Exhibit B. Budgets for task(s) may be modified upon
mutual agreement between the two parties, but in any event, the total payment to
CONSULTANT shall not exceed $46,797.87.
VII INDEPENDENT CONTRACTOR STATUS
The relation created by this Agreement is that of owner-independent contractor. The
CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by
the CITY to its employees. The CONSULTANT, as an independent contractor, has the
authority to control and direct the performance within the Scope of Service. The
CONSULTANT shall assume full responsibility for payment of all Federal, State, and local
taxes or contributions imposed or required, including, but not limited to, unemployment
insurance, Social Security, and income tax.
Employees of the CONSULTANT, while engaged in the performance of any work or services
under this Agreement, shall be considered employees of the CONSULTANT only and not of
February 17, 2026 E - 51
Page 4 of 13
the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said
employees while so engaged, and any and all claims made by a third party as a consequence
of any negligent act or omission on the part of the CONSULTANT'S employees while so
engaged, on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
VIII NO CONFLICT OF INTEREST
CONSULTANT confirms that the CONSULTANT has no business interest or a close family
relationship with any CITY officer or employee who was or will be involved in the consultant
selection, negotiation, drafting, signing, administration or evaluation of the CONSULTANT’s
work. As used in this section, the term CONSULTANT includes any worker of the
CONSULTANT who was, is, or will be, involved in negotiation, drafting, signing, administration
or performance of the Agreement. The term close family relationship refers to: spouse or
domestic partner, any dependent parent, parent-in-law, child, son-in-law, daughter-in-law; or
any parent, parent in-law, sibling, uncle, aunt, cousin, niece or nephew residing in the
household of a CITY officer or employee described above. CONSULTANT shall not accept any
employment or perform any services where there is, or reasonably could arise, a conflict
between the interests of the CITY and the interests of any of CONSULTANT’S other clients.
IX NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-
discriminatory treatment of all persons, without respect to race, creed or national origin, or
other legally protected classification and, in particular:
A. The CONSULTANT shall maintain open hiring and employment practices and will welcome
applications for employment in all positions, from qualified individuals who are members of
minorities protected by federal equal opportunity/affirmative action requirement s; and,
B. The CONSULTANT shall comply with all requirements of applicable federal, state or local
laws or regulations issued pursuant thereto, relating to the establishment of
nondiscriminatory requirements in hiring and employment practices and assurin g the
service of all persons without discrimination as to any person's race, color, religion, sex,
Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or
national origin.
X SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement
without the written consent of the CITY, which consent shall not be unreasonably withheld
or delayed.
B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT
for work to be performed pursuant to a subcontract, including procurement of materials
and equipment, each potential sub-consultant or supplier shall be notified by the
CONSULTANT of CONSULTANT's obligations under this Agreement, including the
nondiscrimination requirements.
February 17, 2026 E - 52
Page 5 of 13
XI CHANGES IN WORK
Other than changes directed by the CITY as set forth in Section I above, either party may
request changes in the Scope of Services. Such changes shall not become part of this
Agreement unless and until mutually agreed upon a nd incorporated herein by written
amendments to this Agreement executed by both parties.
XII EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or render services in
connection with this Agreement, in addition to the Scope of Services set forth in Exhibit A and
minor revisions to satisfactorily completed work. Such work shall be considered as "Extra
Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not
be responsible for paying for such extra work unless and until the written supplement is
executed by both parties.
XIII TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (10) calendar
days written notice to the CONSULTANT. Written notice will be by certified mail sent to the
CONSULTANT's designated representative at the address provided by the CONSULTANT.
As a condition precedent to termination for cause the CONSULTANT shall be given the
notice period to cure such cause and shall have failed to so cure.
B. In the event this Agreement is terminated prior to the completion of the work, a final
payment shall be made to the CONSULTANT, which, when added to any payments
previously made, shall compensate the CONSULTANT for the work completed.
C. In the event this Agreement is terminated prior to completion of the work, documents that
are the property of the CITY pursuant to Section II above, shall be delivered to and
received by the CITY prior to transmittal of final payment to the CONSULTANT.
D. CONSULTANT may terminate this agreement for a CITY breach of this agreement by
providing ten (10) calendar days written notice to the CITY. If the CITY does not cure such
breach within the stated period of time, or as such cure period may have been extended by
CONSULTANT in writing, this Agreement shall terminate without further action. The CITY
shall pay the CONSULTANT in the manner as described in paragraph XII B, above.
XIV FORCE MAJEURE
A. Definition. For the purposes of this Agreement, “Force Majeure” means an event which
is beyond the reasonable control of a Party including, but not limited to (1) strikes,
lockouts, work slowdowns or stoppages, or accidents, (2) acts of God, 3) and delay
caused by an act or omission of the other Party, and which makes a Party’s
performance of its obligations under the Agreement im possible or so impractical as to
be considered impossible under the circumstances
February 17, 2026 E - 53
Page 6 of 13
B. No Breach of Agreement. The failure of a Party to fulfill any of its obligations under the
Agreement shall not be considered to be a breach of, or default under, this Agreem ent
insofar as such inability arises from an event of Force Majeure, provided that the Party
affected by such an event has taken all reasonable precautions, due care and
reasonable alternative measures in order to carry out the terms and conditions of this
Agreement, and has informed the other Party as soon as possible about the occurrence
of such an event.
C. Extension of Time. Any period within which a Party shall, pursuant to this Agreement,
complete any action or task, shall be extended for a period equal to the time during
which such Party was unable to perform such action as a result of Force Majeure.
XV INDEMNIFICATION/HOLD HARMLESS
CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or resulting from the acts, errors or omissions of the
CONSULTANT in performance of this Agreement, except for injuries and damages, except to
the extent that such injuries and damages were caused by the negligence of the CITY.
In the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the CONSULTANT, the
CITY, and the officers, officials, employees, and volunteers of either, the CONSULTANT'S
liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further
specifically and expressly understood that the indemnification provided herein con stitutes the
CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
XVI INSURANCE
The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the CONSULTANT, its agents,
representatives or employees.
No Limitation. CONSULTANT’S maintenance of insurance as required by the Agreement shall
not be construed to limit the liability of the CONSULTANT to the coverage provided by such
insurance, or otherwise limit the CITY’S recourse to any remedy available at law or in equity.
A. MINIMUM SCOPE OF INSURANCE
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 .
2. Commercial General Liability insurance shall be at least as broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, stop-gap,
February 17, 2026 E - 54
Page 7 of 13
independent contractors and personal injury and advertising injury. The CITY shall be
named as an additional insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the CITY using as additional
insured endorsement at least as broad as ISO endorsement CG 20 26 .
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s profession.
B. MINIMUM AMOUNTS OF INSURANCE
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $2,000,000 per
claim and $2,000,000 policy aggregate limit.
C. OTHER INSURANCE PROVISION
The CONSULTANT’S Automobile Liability and Commercial General Liability insurance policies
are to contain, or be endorsed to contain, that they shall be primary insurance as respect the
CITY. Any Insurance, self-insurance, or insurance pool coverage maintained by the CITY shall
be excess of the CONSULTANT’S insurance and shall not contribute with it.
D. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. VERIFICATION OF COVERAGE
CONSULTANT shall furnish the CITY with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Agreement before commencement of the work.
F. NOTICE OF CANCELLATION
The CONSULTANT shall provide the CITY with written notice of any policy cancellation, within
two business days of their receipt of such notice.
G. FAILURE TO MAINTAIN INSURANCE
Failure on the part of the CONSULTANT to maintain the insurance as required shall constitute
a material breach of contract, upon which the CITY may, after giving five business days notice
to the CONSULTANT to correct the breach, immediately terminate the contract or, at its
discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the CITY on demand, or at the sole
discretion of the CITY, offset against funds due the CONSULTANT from the CITY.
February 17, 2026 E - 55
Page 8 of 13
H. CITY FULL AVAILABILITY OF CONSULTANT LIMITS
If the CONSULTANT maintains higher insurance limits than the minimums shown above, the
CITY shall be insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the CONSULTANT, irrespective of whether such limits
maintained by the CONSULTANT are greater than those required by this Agreement or
whether any certificate of insurance furnished to the CITY evidences limits of liability lower
than those maintained by the CONSULTANT.
XVII CONFLIDENTIALITY AND PUBLIC RECORDS DISCLOSURE
A. CONSULTANT acknowledges that the CITY is an agency governed by the public records
disclosure requirements set forth in Chapter 42.56 RCW. CONSULTANT shall fully
cooperate with and assist the CITY with respect to any request for public records received
by the CITY concerning any public records generated, produced, created and/or possessed
by CONSULTANT and related to the Services. Upon written demand by the CITY, the
CONSULTANT shall furnish the CITY with full and complete copies of any such records
within five business days.
B. CONSULTANT’s failure to timely provide such records upon demand shall be deemed a
material breach of this Agreement. To the extent that the CITY incurs any monetary
penalties, attorneys’ fees, and/or any other ex penses as a result of such breach,
CONSULTANT shall fully indemnify and hold harmless City as set forth in Section XV.
C. The CITY is required to promptly make public records available upon request. However,
under Washington State Law some records or portions of records may be considered legally
exempt from disclosure. If the CITY receives a public disclosure request for any records or
parts of records that CONSULTANT has properly and specifically marked “Confidential”, the
CITY will notify CONSULTANT in writing of the request and, as a courtesy, will allow
CONSULTANT up to ten business days to obtain and serve the CITY with a court injunction
to prevent the City from releasing the records in accordance with RCW 42.56.540. If you fail
to obtain a Court order and serve the CITY within the ten days, the CITY may release the
documents. The CITY will not assert an exemption from disclosure on CONSULTANT’s
behalf. If CONSULTANT believes that its records are exempt from disclosure,
CONSULTANT is obligated to seek an injunction under RCW 42.56.540. CONSULTANT
acknowledges that the CITY will have no obligation or liability to CONSULTANT if the records
are disclosed.
D. All written information submitted by the CITY to the CONSULTANT in connection with the
Services will be safeguarded by the CONSULTANT to at least the same extent as the
CONSULTANT safeguards like information relating to its own business. If such information
is publicly available or is already in CONSULTANT’s possession or known to it, or is rightfully
obtained by the CONSULTANT from third parties, the CONSULTANT shall bear no
responsibility for its disclosure, inadvertent or otherwise.
E. For purposes of this section, the terms “public records” and “agency” shall have the same
meaning as defined by Chapter 42.56 RCW, as said chapter has been construed by
Washington courts.
February 17, 2026 E - 56
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F. The provisions of this section shall survive the expiration or termination of this Agreement.
XVIII CONFLICTS
In the event there is any conflict between the terms and conditions contained in this
AGREEMENT and the terms and conditions contained in Exhibit A or in any other document
that is incorporated into or made a part of the contract between the CONSULTANT and the
CITY, the terms and conditions of this AGREEMENT shall control.
XIX EXHIBITS
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior
written or oral understandings, and may only be changed by a written amendment executed by
both parties. The following exhibits are hereby incorporated by this reference and made a part
of this Agreement:
Exhibit A – Scope of Services
Exhibit B – Budget and Consultant Time Plus Expense Rate Schedule
XX DISPUTE RESOLUTION; ATTORNEY’S FEES AND COSTS
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the parties agree that they shall undertake reasonable a ttempts
at negotiation and compromise, including, but not limited to, informal negotiation, mediation,
or arbitration, prior to instituting any legal proceedings. If the parties are unable to resolve
any dispute after such reasonable attempts at negotiati on and compromise, jurisdiction of
any resulting litigation shall be filed in King County Superior Court, King County,
Washington.
B. If any legal proceeding is brought for the enforcement of this Agreement, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
Agreement, the prevailing party shall be entitled to recover from the other party, in addition
to any other relief to which such party may be entitled, reasonable attorney's fees and other
costs incurred in that action or proceeding.
XXI GENERAL
A. Notice. Notice provided for in this Agreement shall be in writing and sent by first-class mail
or email to the addresses designated for the parties on the last page of this Agreement.
B. Applicable Law. This Agreement has been and shall be construed as having been made
and delivered within the State of Washington, and it is agreed by each party hereto that this
Agreement shall be governed by laws of the State of Washington, both as to interpretation
and performance. Any action of law, suit in equity, or judicial proceeding for the
enforcement of this Agreement or any provisions thereof, shall be instituted and maintained
only in any of the courts of competent jurisdiction in Clallam County, Washington.
February 17, 2026 E - 57
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C. Severability. If, for any reason, any part, term or provision of this Agreement is held by a
court of the United States to be illegal, void or unenforceable, the validity of the remaining
provisions shall not be affected, and the rights and obligations of the parties shall be
construed and enforced as if the Agreement did not contain the particular provision held to
be invalid. If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith shall be
deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be
deemed modified to conform to such statutory provisions.
D. Entire Agreement. The parties agree that this Agreement is the complete expression of the
terms hereto and any oral representations or understandings not incorporated herein are
excluded. Further, any modifications of this Agreement shall be in writing and signed by
both parties. Failure to comply with any of the provisions stated herein shall constitute
material breach of contract and cause for termination. Both parties recognize time is of the
essence in the performance of the provisions of this Agreement. It is also agreed by the
parties that the forgiveness of the nonperformance of any provision of this Agreement does
not constitute a waiver of any other of the provisions of this Agreement.
Agreement is effective and binding as of the date for the last signature affixed below.
COMMONSTREET CONSULTING CITY OF PORT ANGELES
By: _______________________________________
Printed Name:_______________________________
By: ________________________________________
Printed Name:_______________________________
Title: ______________________________________
Title:
_______________________________________
Date: ______________________________________
Date: ______________________________________
APPROVED AS TO FORM:
BY: ____________________________________
CITY ATTORNEY
ATTEST:
BY: ____________________________________
CITY CLERK
February 17, 2026 E - 58
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EXHIBIT A
SCOPE OF SERVICES
Scope Summary and Project Understanding:
This project will replace a fish barrier culvert with a bridge, includes downstream habitat restoration and
requires the acquisition of property rights from Rayonier. The total fee proposal provided herein are
based upon an assumption of potential Right of Way (ROW) impacts of up to three (3) partial
acquisitions of easements consisting of temporary easement (TE) or permanent easements (PE) from 3
parcels. It is understood that any change in scope will require an amendment in scope and fee. All right
of way activities will comply with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act (URA), and the City’s WSDOT Approved ROW Procedures. Budget allocations between
tasks are approximate and may be shifted between subtasks upon written agreement between
CONSULTANT and the CITY’S Project Manager, provided costs are to not to exceed the maximum
contract value. Requests to shift approximated budget allocations between subtasks shall not be
unreasonably withheld by the CITY. A directed services budget included is to be utilized only upon a
written directions agreed upon by both parties.
Assumptions:
• The project has federal funding (NOAA) and all Right of Way activities will comply with the URA.
• The project does not currently have FHWA funding so no WSDOT ROW Certification will be
required.
• All ROW activities will be conducted so that the project remains eligible for future federal funding,
including from FHWA.
• The CITY requires no more than 3 partial acquisitions of easements either temporary or
permanent.
• There are no full acquisitions.
• No design changes impacting acquisition area boundaries will occur after the initial assignment is
authorized.
• Legal descriptions suitable for recording and meeting all WSDOT requirements will be provided to
CONSULTANT from a licensed survey company.
• No occupants or personal property will be displaced requiring relocation services and no
relocation services will be required.
• The CITY will provide ROW document templates or CONSULTANT will utilize WSDOT templates
and provide to the CITY for review and approval.
• CONSULTANT has been informed that Rayonier will donate necessary easements required by the
project.
• In the event that Rayonier does not donate the easements required by project, the CITY will be
informed and make a decision whether to give CONSULTANT a Notice to Proceed to use a
subconsultant appraiser and subconsultant review appraiser in an amount not to exceed a total of
February 17, 2026 E - 59
Page 12 of 13
$7,500.
• No more than two (2) Waiver Valuations will be required for the eastern properties.
• If impacts make Waiver Valuations ineligible, an appraisal and appraisal review will be completed.
Appraisal and appraisal reviews will require additional scope and fee.
• Title reports will be provided by the CITY or be ordered by CONSULTANT and title companies will
bill directly to the CITY.
• The CITY will pay directly to the title company all expenses for title commitments, recording fees,
escrow services, and title insurance.
• If the Notice to Proceed (NTP) is received after 120 days from this proposal, fees and billing rates
may require revision to reflect cost of living increases and current business conditions.
Scope of Services
Task 1.0 – ROW Project Management and Administration
• Prepare for and attend early design, kickoff, status, or development meetings as requested by
the City or the project team;
• Provide pre-negotiation services as requested by the CITY or project team to support early
design development;
• Respond to inquiries and needs identified by your team, the CITY and/or Project
Stakeholders;
• Provide written and oral status updates on right of way activities;
• Provide oversight to all aspects of the right of way program;
• Review CITY’S approved Right of Way Procedures;
• Develop and execute the Right of Way program in compliance with state law, Uniform Act
(URA) and grant funding requirements;
• Review project scope and property impacts and develop written assumptions for valuation
process;
• Develop schedule or anticipated timings associated with subtasks.
• Provide oversight of ROW activities to comply with URA requirements;
• Maintain quality control/quality assurance protocols in the execution of the right of way tasks;
• Coordinate title reviews.
DELIVERABLES:
1. Project schedule;
2. Written assumptions memo for valuation task;
3. Bi-weekly status reports in Excel format, or other format requested by CITY;
4. Daily Updates to AirTable status report made available on-line for CITY staff.
Task 2.0 – Title Review and Conveyance Documents Drafts
• Create state and federal compliant project files for each parcel;
• Request the CITY order new and/or updates to existing title commitments;
• Review title reports for each parcel and identify each exception;
• Once a parcel’s title interest has been reviewed, identify methods of clearance per CITY
direction;
• Review of all valuation and compensation data;
February 17, 2026 E - 60
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• QA/QC of all documents, tasks, and processes before, during, and after acquisition process;
• Prepare offer package templates, get CITY approval of documents, and prepare final offer
package documents;
• Draft offer package documents to include offer letter, conveyance documents, easements,
real property vouchers, and documents required by CITY to pay property owners;
• Revise documents including, but not limited to, settlement agreements, easements, real
property voucher, construction memorandum of understandings, and any other conveyance or
settlement documents to reach mutual agreement with property owners and accurately
document agreements between the CITY and property owners.
DELIVERABLES:
1. Three (3) parcel files;
2. An offer package template approved by CITY for presentation to property owners;
3. Three (3) offer packages approved by CITY for presentation to property owners;
4. Revisions or drafts of documents required to reach mutual agreement with property owners,
for approval by CITY.
Task 3.0 – Valuation Services
• Coordinate valuation task and any subconsultants;
• Provide all documentation required to complete Waiver Valuations supporting CITY’S
Determinations of Value and integrate findings into offer packages.
• CONSULTANT will prepare the Waiver Valuations in-house.
• Use of subconsultant appraiser and review appraiser will require written consent and a
separate NTP by the CITY.
• Upon presentation of the written waiver valuations clarify any questions regarding the
Determination of Value/Just Compensation to be approved by the City.
DELIVERABLES:
1. Two (2) Waiver Valuations;
2. Upon NTP by the City, one (1) appraisal and one (1) review appraisal for the CITY to
determine Just Compensation for the properties owned by Rayonier.
Task 4.0 – Negotiations, Administrative Settlements, QA/QC
• Project file set-up;
• Review of all valuation and compensation data;
• Deliver and present offer packages;
• Negotiate settlements, and draft justification memos when necessary;
• Coordinate with the CITY to answer property owner questions and get CITY authority for any
agreements outside of or in addition to the original approved offer.
DELIVERABLES:
1. Deliver three (3) offer packages and obtain acknowledgement of receipt.
2. Three (3) written diaries of right of way activities.
3. Administrative Settlement Justification Memos where needed to reach amicable settlements
in amounts greater than Just Compensation.
4. Three (3) executed settlement packages with easements or, where amicable settlements not
approved by CITY, condemnation packages.
February 17, 2026 E - 61
Page 14 of 13
Task 5.0 – Project and File Close Out
• Collaborate with CITY during closing process;
• Set up client escrow account or facilitate execution of all conveyance documents, payment
vouchers, proof of payment and closing data along with recorded conveyance documents and
closing of files;
• Prepare parcel files (electronic and/or hard copy) in a format requested by the CITY and
provide to CITY for retention.
DELIVERABLES:
1. Deliver three (3) closed files in .pdf format.
2. Recorded conveyance documents (easements) for each of three (3) parcels.
3. Executed payment vouchers, executed W-9 forms, and other documentation required by the
City to pay property owners for each of three (3) parcels.
Task 6.0 – Directed Services
• If required, budget includes $1,389.75 for directed services to accomplish any unknowns as
mutually agreed upon by the CITY and CONSULTANT.
END OF EXHIBIT
February 17, 2026 E - 62
Page 15 of 13
EXHIBIT B
BUDGET AND CONSULTANT TIME PLUS EXPENSE RATE
SCHEDULE
CONSULTANT will perform the scope of work in Exhibit A on an hourly basis per this Exhibit
B.
END OF EXHIBIT
February 17, 2026 E - 63
Date: February 17, 2026
To : City Council
From: Scott Curtin, Director of Public Works & Utilities
Subject: Material Purchase: 3PH 1500 KVA Padmounted Transformer
Relationship to Strategic Plan:
The 2025-2026 Strategic Plan (Resolution 10-24) was approved by the City Council on October 1, 2024.
This purchase directly aligns with Strategic Focus Area #4 – Infrastructure Development, Maintenance,
and Connectivity.
Background / Analysis:
This procurement will replace one back-up transformer that was used at Olympic Medical Center when
the existing transformer had to be replaced. It is necessary to have at least one pad-mount transformer in
the City’s inventory to meet customer and safety needs. Shipment is expected in approximately 18 - 22
weeks. The new pad transformer will be brought into inventory for future use or replacement.
Summary: Staff is seeking City Council approval for the purchase of one (1) 3PH 1500 KVA
Padmounted Transformer for the Light Operations Division in the amount of $56,180.42, including
applicable tax. Through the City’s membership with Sourcewell purchasing cooperative, a participating
distributor of general electric supplies, WESCO Distribution, Inc. of Portland, OR was selected from the
cooperative vendor list, Contract No. 091422-WES for pad-mount transformer purchase.
Strategic Plan: This purchase directly aligns with Strategic Focus Area #4 – Infrastructure
Development, Maintenance, and Connectivity.
Funding: Funding is available in the 2026 Electric Supplies and Inventory budget (401-7180-533-3402)
in the amount of $56,180.42, including applicable tax.
Recommendation: 1) Award a contract to WESCO Distribution, Inc. of Portland, OR in the amount
of $56,180.42, including applicable tax, for the purchase of one (1) 3PH 1500 KVA Padmount
Transformer, and 2) authorize the City Manager to execute all contract-related documents, to administer
the contract, and to make minor modifications as necessary.
February 17, 2026 E - 64
Pricing from the Sourcewell Cooperative Purchasing Contract, including applicable tax and freight, is
summarized below:
Vendor Description QTY Unit Price Total Price
WESCO Distribution, Inc. 3PH Pad Transformer
1500KVA
12470GRD/7200V-
280/120
1 $51,589.00 $51,589.00
Sales Tax @ 8.9% $4,591.42
Total $56,180.42
Funding Overview: Funding is available in the 2026 Electric Utility budget (401-7180-533-3402) in
the amount of $56,180.42, including applicable tax.
Attachments:
• Sourcewell Quote: Neg #: QT-26-01122929
• Information/Spec. Sheet
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February 17, 2026 E - 78
Date: February 17, 2026
To: City Council
From: Calvin W. Goings, Deputy City Manager
Eric Waterkotte, Information Technology Manager
Subject: Laserfiche Annual Renewal
Relationship to Strategic Plan: Renewing Laserfiche records management software aligns with
Strategic Focus Area #2 – Citywide Resource Optimization by reducing manual work through business
process automation.
Background / Analysis: Currently, the City utilizes the Laserfiche document imaging, records
management and business process automation software suite for multiple, critical functions. Capturing
documents for long term retention, automating critical business processes such as travel requests as well
as managing historical records and public access to records are all functions enabled by the Laserfiche
platform. The City’s current license with Laserfiche is up for renewal and staff recommend renewal.
Purchasing will be made through Cities Digital (CDI), the Washington State Department of Enterprise
Services authorized Laserfiche reseller under contract #07814. The total cost of the Laserfiche
Municipality annual software license renewal is $32,659.11, including tax.
Funding Overview: Funding for this purchase is listed in the approved 2025 ITD Budget, under
funding code 502-2081-518-4802.
Attachments:
▪ CDI Laserfiche Software Renewal Quote
Summary: City Staff is seeking Council authorization for the purchase of annual software licensing and
support for the Laserfiche document imaging, records management, and business process automation
software in support of City functions.
Strategic Plan: Laserfiche records management software renewal aligns with Strategic Focus Area #2 –
Citywide Resource Optimization by reducing manual work through business process automation.
Funding: Funding for the renewal is available in the approved IT 2025 Budget.
Recommendation: 1) Approve the annual renewal for Laserfiche records management software, from
Cities Digital under WA State Dept of Enterprise Services Contract #07814 in the amount not to exceed
$32,659.11 including tax, and 2) authorize the City Manager to execute all purchase documents, to
administer the purchase, and make minor modifications if necessary.
February 17, 2026 E - 79
CDI | 2000 O’Neil Rd., Suite 100 | Hudson, WI 54016 | P. 855.714.2800 | cdi.support
CDI Software Quote
Mike Ryerse Prepared for: City of Port Angeles
CDI Quote #: 574468v.1
2000 O'Neil Rd., Suite 100 Quote Date: 2/6/2026
Hudson, WI 54016 Quote Expiration: 3/8/2026
Software, Hardware & Renewal
Product Quantity Unit Cost Renewal
Quantity
Renewal
Unit Cost
Total
Municipality Site License
(Population less than 25,000)
(JSXGOV25)
1.00 $ .00 1.0000 $28,390.00 $28,390.00
EnerGov Integration with Laserfiche
by CDI Annual Maintenance
(CD6510S)
1.00 $ .00 1.0000 $1,200.00 $1,200.00
ScanFront Integration with
Laserfiche by CDI Annual
Maintenance (CD2020S)
1.00 $ .00 1.0000 $400.00 $400.00
Software / Hardware:
Renewal:
Tax:
Total:
$ .00
$29,990.00
$ 2,669.11
$32,659.11
February 17, 2026 E - 80
1
Date: February 17, 2026
To: City Council
From: Calvin W. Goings, Deputy City Manager
Eric Waterkotte, Information Technology Manager
Subject: Astound Master Services Agreement and Dark Fiber Lease Agreement
Relationship to Strategic Plan: Implementing a dark fiber network for critical City communications
aligns with Strategic Focus Area #2 – Citywide Resource Optimization by shifting the management of
external routing and switching between geographically separate network nodes to the internal City’s
network operations team.
Background / Analysis: The City supported the construction of a fiber optic network, partnering with
local providers dating back to the early 2000’s. Since then, the fiber optic infrastructure was sold to
Wave Broadband, and was later purchased by Astound Broadband. The City is currently served by
Summary: The City relies on fiber optic network connections managed by Astound Business Solutions
for monitoring critical utility systems at City plants, pump stations and substations. The reliance on an
outside network provider to manage these critical communications between geographically disperse
locations could present a vulnerability in emergency operations. City staff recommend migrating this
critical infrastructure to a leased, dark fiber network with day-to-day network management and
operations, including routing, switching, and maintenance to be managed by the City’s ITD staff. This
strategic shift allows the City to provide tailored service to its critical operations and utilities, while
eliminating the reliance on an outside provider for network operations to critical sites. Over a five-year
period, this transition is estimated to save the City approximately $190,000.
Strategic Plan: Implementing a dark fiber network for critical City communications aligns with
Strategic Focus Area #2 – Citywide Resource Optimization by shifting the outside management of
routing and switching between geographically separate network nodes to the internal City’s network
operations team.
Funding: Funds are available in the Council approved 2026 ITD Network Services budget and
corresponding Capital Facilities Plan for equipment needs purchased by the City in support of this
project.
Recommendation: 1) Approve contracts with Astound Business Solutions for a Master Services
Agreement and a Leased Dark Fiber Service Order substantially in the same form and with the same
general terms as the attached drafts for a five year period in an amount not to exceed $771,840.00, 2)
authorize the City Manager or their designee to negotiate, accept, and approve modifications to the drafts,
and 3) after the City Manager or their designee has approved and accepted all contract documents,
authorize the City Manager or their designee to execute all contract documents, to administer the
contracts, and make minor modifications.
February 17, 2026 J - 1
2
Astound Business Solutions through a grandfathered contract put in place when Wave Broadband
purchased the local infrastructure.
The legacy contract is approaching expiration and presents an opportunity for the City to address its
network service needs to critical operational sites including plants, pumpstations, and substations by
moving to leased, dark fiber for all critical Supervisory Control and Data Acquisition (SCADA) locations.
Reliability and Cost Savings
By migrating to leased, dark fiber, the City can operate and maintain network operations without relying
on an outside entity to manage this critical network infrastructure. This strategic move allows the City to
pay for only what it needs - access to the dedicated fiber - rather than full networking services. From a
security standpoint, operating our own critical network communications for SCADA plants and utilities
allows the City to achieve improved segmentation by removing the transmission of critical infrastructure
network communications from an outside networking system. To achieve this the City has planned for
equipment needs in the Capital Facilities Plan in support of the dark fiber transition. These costs are
estimated at $134,000 occurring in 2026, and is included in the table below. Over a five-year period, this
transition is estimated to save the City approximately $190,000 as detailed in Table 1.
Project Timeline
Pending Council’s approval of the Master Services Agreement and Dark Fiber Service Order, ITD staff
will immediately begin a multi-phased plan to implement dark fiber circuits. Phase one, a four-week
testing effort to finalize the small form-factor pluggable (SFP) network modules is needed for the
project. Phase two will be a 28-week build-out with Astound Business Solutions to construct and test dark
fiber circuits to City Hall. Much of the fiber is already in place, but gaps exist for each circuit, which is
why construction and testing must be completed in phase 2.
Phase three will include the finalization of remaining “lit” service needs and the creation of a lit services
order. The current contract ends on 9/1/2026. Astound will phase in the new services and circuits as they
are tested, slowly replacing the circuits currently covered by the legacy agreement.
Year 1 Year 2 Year 3 Year 4 Year 5 5 Year Total
Current Annual Budget *179,400.00$ 197,340.00$ 217,074.00$ 238,781.40$ 262,659.54$ 1,095,254.94$
Astound Leased Dark
Fiber 154,368.00$ 154,368.00$ 154,368.00$ 154,368.00$ 154,368.00$ 771,840.00$
Initial equipment costs 134,000.00$ -$ -$ -$ -$ 134,000.00$
Total 288,368.00$ 154,368.00$ 154,368.00$ 154,368.00$ 154,368.00$ 905,840.00$
Budget difference -$108,968.00 $42,972.00 $62,706.00 $84,413.40 $108,291.54 $189,414.94
* Assumes 10% yearly increase in costs
Table 1 - Five Year Budget Overview for Networking Services
February 17, 2026 J - 2
3
Draft Contracts
Attached to this memo are draft versions of a Master Service Agreement and Dark Fiber Service Order.
These drafts are the product of extensive negotiation between the City’s representatives and Astound’s
representatives. Almost all of the terms and provisions of these drafts have been mutually approved and
are presented in final form. However, final language has not been settled for a few issues. The primary
issue to be resolved is the language relating to backup power requirements. It is unlikely this language
will be resolved in time for the February 17 City Council meeting, but time is of the essence. For that
reason, the recommendation for this item is written to authorize the City Manager to give approval if an
acceptable final contract substantially in the same form and with the same general terms as these drafts
can be negotiated, and to sign the contracts.
Funding Overview: Funds are available in the Council approved 2026 ITD Network Services budget
and corresponding Capital Facilities Plan for equipment needs purchased by the City in support of this
project.
Attachment(s):
Attachment #1: Draft Astound Business Solutions Master Service Agreement
Attachment #2: Draft Astound Business Solutions Dark Fiber Service Order
February 17, 2026 J - 3
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 1
Astound Business Solutions, LLC and City of Port Angeles 01/28/2026
FG: 110030074.3
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER
This Master Services Agreement for Enterprise Services (this “MSA”) is entered into as
of the date of last signature below (the “Effective Date”), by and between ASTOUND
BUSINESS SOLUTIONS, LLC, a Delaware limited liability company, acting on behalf of itself and
as agent for its Affiliates (collectively, “Astound” or “Provider”), and the City of Port Angeles,
a Washington municipal corporation(“City” or “Customer”). For purposes of this MSA, the
term “Affiliate” shall mean any other person which directly, or indirectly through one or more
intermediaries, controls, or is controlled by, or is under common control with, the first person
or any of its subsidiaries. Affiliates of Astound Business Solutions, LLC include, but are not
limited to (i) RCN Telecom Services, LLC, (ii) Grande Communications Networks, LLC, and
(iii) Wave Business Solutions, LLC. Each of Provider and Customer may be referred to in this
MSA as a “Party” and together as the “Parties.”
ARTICLE 1 – STRUCTURE OF AGREEMENT
1.1 Purpose of MSA. Provider and its Affiliates provide various facilities-based
telecommunications services, including Ethernet transport, dedicated internet access, dark
fiber, and related services (as applicable, the “Services”). This MSA, by itself, is neither an
agreement to purchase nor a commitment to provide Services. The purpose of this MSA is to
provide the general terms, conditions and framework within which Customer and its Affiliates
may from time to time purchase Services from Provider and its Affiliates, when this MSA is
coupled with one or more “Service Orders,” as described in Section 1.2 below. This MSA and
one or more associated Service Orders will constitute the Agreement between the City and
Astound, by which the City agrees to purchase and Provider and its Affiliates commit to
provide Services, as set forth in the applicable Service Order(s) and Section 1.2 below.
1.2 Service Orders. The Services to be provided shall be set forth in a mutually-negotiated,
executed and delivered Service Order memorializing the specific Services Provider shall
provide to Customer. Service Orders shall clearly specify the following: (i) the type of Service
at issue (e.g., Internet access, Ethernet data transport, dark fiber, etc.); (ii) the physical
location(s) at which the Service is to be provided (each, a “Service Site”); (iii) the initial term
of the Service Order (the “Initial Service Term”); (iv) the pricing for the Service, including
(a) the monthly recurring charges (“MRC”) for the Service, and (b) any non-recurring charges
(“NRC”) associated with installation of the Service; and (v) any other terms or conditions
specific to the particular Service Order. Each fully-executed Service Order shall be governed
by and become part of this MSA, and this MSA together with all fully-executed Service Orders
Attachment 1 - DRAFT
February 17, 2026 J - 4
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 2
Astound Business Solutions, LLC and City of Port Angeles 01/28/2026
FG: 110030074.3
shall be collectively referred to as the “Agreement.” Depending on the location of the Service
Site, in some instances Services may be provided by an Affiliate of Provider. Where a
particular type of Service provided at a specific physical location is in lieu or in replacement
of one or more existing services then being provided pursuant to prior agreement by Astound
as of the date of execution of this MSA, the Service Order may also specific the process and
terms governing termination of such prior services and/or prior agreement.
1.3 Additional Documents Comprising Agreement; Order of Precedence. The Service Level
Agreement for Lit Fiber Services attached to this MSA as Exhibit A and the Service Level
Agreement for Dark Fiber & Wavelength Services attached to this MSA as Exhibit B (each, a
“SLA,” and, together, the “SLAs”), constitute a part of this MSA and part of the Agreement.
Customer’s use of any Services purchased pursuant to the Agreement will also be governed
by Provider’s Acceptable Use Policy for Commercial Services (the “AUP”) which is attached to
this Agreement as Exhibit C. Additional provisions that are applicable only to specific types
of Services are contained in Provider’s Services Addendum (the “Services Addendum”) which
is attached to this MSA as Exhibit D In the event of a conflict between the provisions of any
of the foregoing documents, the documents shall have the following order of precedence
unless expressly stated otherwise in a particular Service Order: (i) this MSA (including the
SLAs); (ii) the applicable Service Order; (iii) the Services Addendum; and (iv) the AUP.
ARTICLE 2 – TERM AND RENEWAL
2.1 Term of MSA. The term of this MSA (the “MSA Term”) shall be for five (5) years,
commencing on the Effective Date and expiring on the date that is one day prior to the fifth
(5th) anniversary of the Effective Date, except as specifically provided herein.
Notwithstanding the foregoing, so long as any one or more Service Orders entered into
pursuant to this MSA remain in effect, this MSA shall not terminate with respect to said
Service Orders but shall continue to govern same until the expiration or termination of said
Service Orders.
2.2 Term of Service Orders. The Initial Service Term of each Service Order shall be as
specified in the Service Order. The Initial Service Term shall commence on the Service
Commencement Date as provided in Section 3.3 below. Upon expiration of the Initial Service
Term of a Service Order, unless either Party terminates the Service Order by giving written
notice of termination to the other Party not less than thirty (30) days prior to the end of the
Initial Service Term, the Service Order will begin to automatically renew on a month-to-month
basis (the “Renewal Term”). During the Renewal Term, either Party may terminate the
February 17, 2026 J - 5
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 3
Astound Business Solutions, LLC and City of Port Angeles 01/28/2026
FG: 110030074.3
Service Order by giving no less than thirty (30) days’ advance written notice of termination to
the other Party. Written notice of termination by Customer must be given to Provider by
completing and submitting the “Change of Service” form on the Astound Business Solutions
website located at http://www.astound.com/business/support/macd. The total period of
time a Service Order is in effect is referred to as the “Service Term” for the Service Order at
issue.
ARTICLE 3 – INSTALLATION, TESTING, ACCEPTANCE AND USE
3.1 Service Site; Demarcation Points; Equipment. Unless a Service Site is within Provider’s
control, Customer shall provide Provider with reasonable physical access to the Service Site
during normal business hours and, to the extent necessitated by any outage or interruption
in Services, at such other hours as and to the extent reasonably necessary for Provider to
install, test, inspect and maintain the Service(s) ordered during the Service Term. Unless
otherwise stated in a Service Order: (i) Provider shall be solely responsible for the provision,
operation and maintenance of all equipment and facilities (the “Provider Equipment”)
necessary to connect Provider’s network facilities (“Provider Network”) to the Customer
demarcation point(s) at the Service Site (the “Demarcation Point(s)”); and (ii) Customer shall
be solely responsible for the provision, operation and maintenance of all equipment and
facilities (the “Customer Equipment”) from the Demarcation Point(s) to Customer’s internal
network. A narrative list and map of Demarcation Points may be attached as an exhibit to
the applicable Service Order(s). Unless a Service Site is within Provider’s control, Customer
shall be responsible for maintaining appropriate conditions at the Service Site, including
HVAC, electrical power, and security. Title to the Provider Equipment shall at all times remain
vested in Provider. Neither Party shall re-arrange, disconnect, tamper with, attempt to repair,
or otherwise interfere with Equipment owned by the other Party, nor permit any third party
to do so.
3.2 Joint Testing. Provider shall use commercially reasonable efforts to install the Services
by the installation date specified in the Service Order or such other date mutually agreed by
the Parties in writing, and shall keep Customer regularly informed regarding installation
progress. Provider shall notify Customer in writing (email is acceptable) when a Service has
been installed and is ready for testing and use. For Services having a committed bandwidth,
the committed information rate shall be measured at the Ethernet layer and includes the
Ethernet frame itself. Customer may, at Customer’s option, participate in Provider’s final
testing of the Service (the “Joint Testing”). Provider shall provide Customer with at least
three (3) business days’ advance notice of the date and time on which Provider intends to
February 17, 2026 J - 6
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 4
Astound Business Solutions, LLC and City of Port Angeles 01/28/2026
FG: 110030074.3
perform the Joint Testing (the “Joint Testing Notice”). If Customer informs Provider within
said time period that Customer desires to participate in the Joint Testing, the Parties shall
agree on a mutually convenient date and time for same. If Customer fails to timely respond
to Provider’s Joint Testing Notice, Customer shall be deemed to have elected not to
participate in Joint Testing and Provider may proceed with testing the Service by itself.
3.3 Service Commencement Date. If Customer participates in Joint Testing and the Joint
Testing demonstrates that the Service is properly installed and operating, then the “Service
Commencement Date” shall be the first calendar day following the day on which the Joint
Testing was successfully completed. If Customer elects not to participate in Joint Testing,
either by affirmatively foregoing said opportunity or by failing to timely respond to Provider’s
Joint Testing Notice, and Provider’s unilateral testing demonstrates that the Service is
properly installed and operating, then the Service Commencement Date shall be the first
calendar day after Provider’s successful completion of its unilateral testing. If either Joint
Testing or Provider’s unilateral testing reveals problems with the Service, Provider shall
correct same and deliver another Joint Testing Notice to Customer once the problems have
been corrected. In such event, the Parties shall repeat the process described in Section 3.2
above.
3.4 Acceptance of Service; Revision to Service Commencement Date. Customer shall have
a period of fifteen (15) business days after the Service Commencement Date in which
Customer may notify Provider that the Service at issue is not functioning properly. If
Customer notifies Provider of problems with a Service pursuant to this Section 3.4, Provider
shall investigate same. If Provider determines there are problems with the Service, Provider
shall correct same and the Service Commencement Date shall be revised to be the first
calendar day after the date on which Provider has corrected the problems. Unless Customer
delivers notification of problems to Provider within the time period set forth above, Customer
shall be deemed to have accepted the Service at issue and to have confirmed that the Service
has been installed and is functioning properly as of the Service Commencement Date.
3.5 No Sub-Licensing; Non-Compete. Any Services provided to Customer pursuant to the
Agreement are for the sole benefit of Customer. Customer shall not grant to any third party
the right to use any of the Services, regardless of whether such grant were to take the form
of a license, sublicense, lease, sublease, or any other form; provided, however, that this
Subsection 3.5 shall not apply to Services used by Peninsula Area Public Access (“PAPA”) at
City Hall, by the Port Angeles Lefties Baseball Team at Civic Field, or by any third party using
February 17, 2026 J - 7
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 5
Astound Business Solutions, LLC and City of Port Angeles 01/28/2026
FG: 110030074.3
a City Parks facility pursuant to a private rental agreement. Nor shall Customer use the
Services for commercial purposes that are competitive with Provider’s business (e.g., use the
Services to sell Internet access services, point-to-point data transport services, VoIP services,
etc., to third parties within Provider’s service area).
ARTICLE 4 – PAYMENT AND BILLING
4.1 Invoicing. All amounts owed by Customer to Provider and by Provider to Customer
under the Agreement shall be collectively referred to as “Fees.” Provider shall begin billing
Customer for the MRC applicable to a Service as of the Service Commencement Date.
Invoices shall be delivered monthly, and shall be paid by Customer within forty-five (45) days
of receipt. Fixed Fees shall be billed in advance and usage-based Fees shall be billed in arrears.
Fixed fees for any partial month shall be pro-rated. For Services having an NRC, unless
otherwise stated in the Service Order, Provider shall invoice Customer for the NRC upon full-
execution of the Service Order. Except for amounts disputed in good faith by Customer or
Provider pursuant to Section 4.2 below, past due amounts shall bear interest in the amount
of 1.5% per month, or the highest amount allowed by law, whichever is lower.
4.2 Disputed Invoices. If Customer or Provider in good faith disputes any portion of a
Provider invoice, Customer or Provider (as applicable) shall pay the undisputed portion of the
invoice and submit written notice to the other regarding the disputed amount, which notice
shall include documentation supporting the alleged billing error (each such notice, a “Fee
Dispute Notice”). A Fee Dispute Notice must be submitted to Provider or Customer, as
applicable, within sixty (60) days from the date the invoice at issue is received. Customer and
Provider waive the right to dispute any Fees not disputed within such sixty (60) day period;
provided, however, that this Section 4.2 shall not apply to Credits claimed under the SLAs,
which Credits shall be governed by the SLAs. The Parties shall negotiate in good faith to
attempt to resolve any such disputes within sixty (60) days after Customer’s delivery of the
applicable Fee Dispute Notice. Fee disputes unresolved within that time period shall be
resolved pursuant to the Dispute Resolution procedures set forth in Article 11 below.
4.3 Applicable Taxes. All charges for Services set forth in Service Orders are exclusive of
Applicable Taxes (as defined below). Except for taxes based on Provider’s net income or taxes
for which Customer possesses a valid exemption certificate, Customer shall be responsible
for payment of all applicable taxes and regulatory fees, however designated, that arise in any
jurisdiction, including, without limitation, value added, consumption, sales, use, gross
receipts, excise, access, bypass, or other taxes, fees, assessments, duties, charges or
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surcharges, that are imposed on, incident to, or based upon the provision, sale, or use of the
Service(s) (collectively “Applicable Taxes”). The Applicable Taxes will be individually
identified on invoices. If Customer is entitled to an exemption from any Applicable Taxes,
Customer is responsible for presenting Provider with a valid exemption certificate (in a form
reasonably acceptable to Provider). Provider will give prospective effect to any valid
exemption certificate provided in accordance with the preceding sentence.
ARTICLE 5 – DEFAULT AND REMEDIES
5.1 Customer Default. Each of the following shall constitute a default by Customer under
the Agreement (each a separate event of “Default”): (i) if Customer fails to pay any
undisputed Fees when due, the failure of Customer to cure same within fifteen (15) business
days after receiving written notice from Provider regarding such failure to pay; (ii) if Customer
fails to comply with any other material provision of the Agreement, the failure of Customer
to cure same within thirty (30) days of receiving written notice from Provider regarding such
non-compliance; or (iii) if Customer files or initiates proceedings, or has proceedings initiated
against it, seeking liquidation, reorganization or other relief (such as the appointment of a
trustee, receiver, liquidator, custodian or other such official) under any bankruptcy,
insolvency or other similar law, and the same is not dismissed within sixty (60) days.
5.2 Remedies for Customer Default. In the event of a Default by Customer under the
Agreement, Provider may, at its option: (i) suspend any applicable Services until such time as
the Customer Default has been corrected (provided, however, that any suspension shall not
relieve Customer’s on-going obligation to pay Provider all Fees and other amounts due under
the Agreement as if such suspension of Services had not taken place); (ii) terminate the
applicable Service(s) and/or the applicable Service Order(s); (iii) after the occurrence of any
two (2) Customer Defaults in any twelve (12) month period, terminate all Service Orders
entered into with Customer; and/or (iv) pursue any other remedy available to Provider under
the Agreement or applicable law. In the event of early termination for Customer Default
pursuant to this Section 5.2, Customer shall pay to Provider the Termination Charge described
in Section 6.4 below.
5.3 Provider Default. Each of the following shall constitute a Default by Provider under the
Agreement: (i) if Provider fails to comply with any material provision of the Agreement other
than provisions of the SLA, the failure by Provider to cure same within thirty (30) days of
receiving written notice from Customer regarding such non-compliance; or (ii) Provider files
or initiates proceedings, or has proceedings initiated against it, seeking liquidation,
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reorganization or other relief (such as the appointment of a trustee, receiver, liquidator,
custodian or other such official) under any bankruptcy, insolvency or other similar law, and
the same is not dismissed within sixty (60) days.
5.4 Remedies for Provider Default. In the event of a Default by Provider Customer may, at
its option: (i) terminate the applicable Service(s) and/or the applicable Service Order(s),
and/or (ii) pursue any other remedy available to Customer under the Agreement or applicable
law. Early termination by Customer for Provider Default pursuant to this Section 5.4 shall be
accomplished by providing termination notice to Customer’s account manager and to the
notice address specified in Article 14 below. In the event of early termination for Provider
Default pursuant to this Section 5.4, Provider shall reimburse Customer for any pre-paid,
unused monthly service Fees attributable to the terminated Service(s) and/or Service
Order(s), and Customer shall have no further liability to Provider for the terminated Service(s)
and/or Service Order(s). Early termination by Customer pursuant to this Section 5.4 shall not
relieve Customer of its obligations to pay all Fees incurred prior to the early termination date.
ARTICLE 6 – EARLY TERMINATION & PORTABILITY
6.1 Early Termination for Non-Appropriation. Customer is a Washington municipal
corporation subject to legislative budgeting and appropriation requirements imposed under
Washington law. As a general matter, Customer cannot legally be obligated to make
payments for Services that are provided after the end of the fiscal period in which Customer
executes a particular Service Order. In the event that, for any future fiscal period, sufficient
funds are not appropriated or allocated for payment of any one or more Service Orders,
Customer may terminate the Service Order at issue as a matter of public convenience as
provided herein without incurring a Termination Charge or any other early termination fee.
If and when Customer becomes aware that non-allocation of funds for the coming fiscal
period appears likely, Customer shall use reasonable efforts to notify Provider of that
possibility prior to the end of the then-current fiscal period. Once the non-appropriation
decision has been made, Customer shall, as soon as reasonably practicable, deliver written
notice of termination for non-appropriation to Provider specifying which Service or Services
and/or which Service Order or Service Orders are being terminated for non-appropriation and
the date on which such early termination shall occur. Customer shall remain obligated to pay
for all Services delivered through the date of termination, but shall not be obligated to pay
for any Services after the date of early termination stated on said notice to Provider.
6.2 Early Termination for Customer Convenience. Customer may, at any time after
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executing a Service Order, discontinue one or more of the Services ordered and/or terminate
the Service Order by giving at least thirty (30) days’ advance written notice to Provider by
completing and submitting the online “Change of Service” form on the Astound Business
Solutions website located at http://www.astound.com/business/support/macd. Any early
termination of a Service pursuant to this Section 6.2 shall be referred to as “Termination for
Customer Convenience.” Unless provided otherwise in a Service Order, in the event of
Termination for Customer Convenience, Customer shall pay to Provider the Termination
Charge described in Section 6.4 below.
6.3 Early Termination for Default. In accordance with Article 5 above, either Party may
elect to terminate one or more Service Orders prior to the scheduled expiration date in the
event of an uncured Default by the other Party.
6.4 Termination Charge. In the event of Termination for Customer Convenience pursuant
to Section 6.2 above, or termination for Customer Default pursuant to Section 5.2 above,
Customer shall pay a Termination Charge to Provider, unless provided otherwise in a Service
Order. The “Termination Charge” shall equal the sum of the following: (i) all unpaid amounts
for Services actually provided prior to the termination date; (ii) any portion of the NRC for the
terminated Service(s) that has not yet been paid to Provider; (iii) with respect to off-net
Services only, any documented cancellation or termination charges or fees imposed on
Provider by any third party in connection with the early termination of the Services; (iv) one
hundred percent (100%) of all remaining MRC Customer was to pay Provider for the Service
during the first (1st) year of the Service Term; (v) seventy-five percent (75%) of all remaining
MRC Customer was to pay Provider for the Service during the second (2nd) year of the Service
Term; (vi) fifty percent (50%) of all remaining MRC Customer was to pay Provider for the
Service during the third (3rd) year of the Service Term; and (vii) twenty-five percent (25%) of
all remaining MRC Customer was to pay provider for the Service during the fourth (4th) and
later years of the Service Term (if applicable). If incurred, the Termination Charge will be due
and payable by Customer within thirty (30) days after the termination date of the Service at
issue. Customer acknowledges that the calculation of the Termination Charge is a genuine
estimate of Provider’s actual damages and is not a penalty.
6.5 Portability; Substitution of Services. At any time during the Service Term of a Service
Order, Customer may elect to substitute new Services for then-existing Services. In such
event, Provider will waive the Termination Charge associated with the termination of the
then-existing Services as long as: (i) the MRC payable to Provider in connection with the
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substitute Services are equal to or greater than the MRC of the discontinued Services;
(ii) Customer commits to retain the substitute Services for a period equal to or greater than
the remainder of the Service Term for the discontinued Services; (iii) Customer pays all
applicable installation and other NRCs, if any, for provision of the substitute Services; and
(iv) Customer reimburses Provider for all actual, reasonable and documented engineering,
installation and construction costs incurred by Provider when installing or substituting the
discontinued Services, calculated on a time and materials basis calculated as of the date of te
discontinued Services installation, that have not already been recovered by Provider by the
time of the substitution. Provider shall give Customer written documentation of any such
engineering, installation and construction costs and allow Customer ten (10) days to review
and comment or object to same.
ARTICLE 7 – CONFIDENTIAL INFORMATION
7.1 Definition of Confidential Information. “Confidential Information” shall mean all
information, including the Agreement, regarding the telecommunications needs of Customer
and the Services that Provider offers under the Agreement which is disclosed by one Party
(“Disclosing Party”) to the other Party (“Receiving Party”), to the extent that such
information is marked or identified as confidential or proprietary or would be reasonably
deemed confidential or proprietary given the circumstances surrounding its disclosure. All
network maps or diagrams of Provider or Customer facilities exchanged between the Parties
shall be deemed Confidential Information, whether or not so designated. All Customer data
transmitted over the Astound Network or over or through Provider Equipment shall be
deemed Confidential Information. The fact that Customer is a customer of Provider shall not
be deemed Confidential Information and may be freely disclosed by either Party. Information
shall not be deemed Confidential Information if (i) it is independently developed by or for the
Receiving Party, (ii) it is lawfully received by the Receiving Party free of any obligation to keep
it confidential, (iii) it becomes generally available to the public other than by breach of the
Agreement, or (iv) it was known to the Receiving Party prior to the Disclosing Party’s
disclosure of same.
7.2 Obligations Regarding Confidential Information. Confidential Information is the
property of the Disclosing Party and shall be returned to the Disclosing Party upon request.
The Receiving Party shall hold all Confidential Information in confidence. The Receiving Party:
(i) shall use such Confidential Information only for the purposes of performing its obligations
and/or enforcing its rights under the Agreement; (ii) shall reproduce such Confidential
Information only to the extent necessary for such purposes; (iii) shall restrict disclosure of
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such Confidential Information to employees, contractors, advisors or consultants that have a
need to know for such purposes (with disclosure to third-party contractors, advisors and
consultants being limited to those third-party contractors, advisors and consultants that have
signed a non-disclosure agreement to protect the Confidential Information of third parties);
(iv) shall not disclose Confidential Information to any third party without prior written
approval of the Disclosing Party except as expressly provided in the Agreement or as required
by applicable law, by court order, by administrative order of an agency having jurisdiction, or
in the enforcement of its rights under the Agreement; and (v) shall use at least the same
degree of care (in no event less than reasonable care) as it uses with regard to its own
proprietary or confidential information to prevent the disclosure, unauthorized use or
publication of Confidential Information. In the event a Receiving Party is required to disclose
Confidential Information of the Disclosing Party pursuant to applicable law, court order or
administrative order of an agency having jurisdiction, the Receiving Party will, if such notice
is permitted by law, notify the Disclosing Party of the required disclosure with sufficient time
for the Disclosing Party to seek judicial relief from the required disclosure, and reasonably
cooperate with the Disclosing Party in any efforts the Disclosing Party may take to obtain
protective measures in respect to the required disclosure. The Parties agree that breach of
this Article 7 may cause irreparable injury for which monetary damages are not an adequate
remedy; accordingly, each Party may seek injunctive relief and any other available equitable
remedies to enforce the provisions of this Article 7.
7.3 Public Records Act. Notwithstanding anything to the contrary contained elsewhere in
this Article 7, the Parties understand and acknowledge that Customer is a governmental
entity, and that Washington law limits the ability of Customer to shield from public disclosure
any information given to Customer. Accordingly, the Parties agree to work together to avoid
disclosures to Customer by Provider of confidential information which would result in
economic loss or damage to Provider if such information were to be disclosed to third persons
by Customer pursuant to a request submitted under the Public Records Act, chapter 42.56
RCW, or other similar public disclosure law. In the event that Customer receives a request
pursuant to the Public Records Act (or other similar law) to disclose information identified by
Provider in writing as confidential, Customer’s sole obligations to Provider shall be: (i) to
promptly notify Provider; and (ii) to refrain from disclosing such records for a period of up to
ten (10) business days to allow Provider an opportunity to seek legal protection against
disclosure from a court of competent jurisdiction. Customer will not be required to withhold
requested records beyond the ten (10) business days unless it may do so based on good faith
reliance upon an exception to disclosure under the Public Records Act, or unless Customer is
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ordered to withhold disclosure by the order of a court having competent jurisdiction.
Customer may, but shall not be required, to join in any legal proceedings relating to the
requested disclosure unless required to do so by the court. In the event that Provider initiates
legal proceedings, or Customer initiates legal proceedings or withholds requested records at
Provider’s request, Provider shall indemnify and hold Customer harmless from and against all
costs, attorneys’ fees, expenses, liabilities, damages or other liabilities Customer may incur
due to the legal proceedings initiated at and/or Customer’s withholding of records at
Provider’s request. Customer shall not be liable to Provider for any loss, cost or expense
relating to the disclosure of requested records if Provider fails to obtain legal protection
against disclosure and Customer releases the records in good faith.
ARTICLE 8 – DATA MANAGEMENT AND SECURITY
8.1 Data Access, Use and Legal Compulsion. Except as and to the extent reasonably
necessary for legitimate network management purposes, unless Customer provides its prior
written consent, Provider shall not: (a) access, process, store, decrypt, or otherwise use any
data generated, transmitted, or received by Customer over the Astound Network or Provider
Equipment during the course of the Services (“Customer Data”) other than as necessary to
perform as required in this Agreement; or (b) give any of Providers’ employees,
subcontractors or any third party access to Customer Data except to the extent that an
employee or subcontractor needs access to facilitate the provision of the Services to
Customer pursuant to this Agreement; and (iii) employee or subcontractor access is subject
to a reasonable written agreement protecting such Customer Data, with terms reasonably
consistent with those of this Section 8.1 (Data Management).
ARTICLE 9 – LIMITATION OF LIABILITY
9.1 General Limitations. Provider shall not be liable for any loss or damage occasioned by
a Force Majeure Event. Except as expressly provided to the contrary elsewhere in the
Agreement, Provider’s aggregate liability for any and all causes and claims arising under the
Agreement, whether based in contract, tort, warranty or otherwise shall be limited to the
lesser of: (i) the actual direct damages sustained by Customer; or (ii) an amount equivalent
to the total MRC received by Provider from Customer for the Service(s) at issue during the
twelve (12) month period immediately preceding the event giving rise to the claim.
9.2 Service Level Agreement. Should Provider fail, on any one or more occasions, to deliver
any one or more Services to Customer in accordance with all of the terms and conditions
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contained in the applicable SLA, Customer’s sole and exclusive remedy for such failure shall
be as set forth in the SLA.
9.3 No Special Damages. EXCEPT FOR (i) EACH PARTY’S CONFIDENTIALITY OBLIGATIONS
UNDER ARTICLE 7 ABOVE, (ii) EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER
ARTICLE 12 BELOW, AND (iii) CLAIMS ARISING FROM A PARTY’S INTENTIONAL MISCONDUCT,
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER,
ARISING OUT OF OR INCURRED IN CONNECTION WITH A PARTY’S PERFORMANCE OR FAILURE
TO PERFORM UNDER THIS AGREEMENT, INCLUDING, BY WAY OF EXAMPLE AND NOT BY WAY
OF LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF ANTICIPATED
SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR COST OF PURCHASING
REPLACEMENT SERVICES, EVEN IF THE OTHER PARTY HAD BEEN ADVISED, KNEW OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH SPECIAL DAMAGES.
9.4 Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS
AGREEMENT, PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, EITHER IN FACT OR BY OPERATION OF LAW, AS TO THE
DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, FITNESS FOR A PARTICULAR
PURPOSE OR USE OF ANY SERVICES PROVIDED PURSUANT TO THIS AGREEMENT.
9.5 Assumption of Risk. PROVIDER HAS NO CONTROL OVER AND EXPRESSLY DISCLAIMS
ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE CONTENT OF ANY INFORMATION
TRANSMITTED OR RECEIVED BY CUSTOMER THROUGH THE SERVICES, SERVICE
INTERRUPTIONS ATTRIBUTABLE TO CUSTOMER’S NETWORK, OR ANY CUSTOMER
EQUIPMENT FAILURES., EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS
AGREEMENT, CUSTOMER USES THE SERVICES AT CUSTOMER’S OWN RISK, AND CUSTOMER
SHALL BE RESPONSIBLE FOR THE SECURITY, CONFIDENTIALITY AND INTEGRITY OF
INFORMATION CUSTOMER TRANSMITS OR RECEIVES USING ANY SERVICES.
ARTICLE 10 –INDEMNIFICATION FOR THIRD PARTY CLAIMS
10.1 Indemnification by Customer. Customer shall indemnify, defend and hold Provider and
its members, managers, officers, agents and employees (collectively, the “Provider
Indemnified Parties”) harmless from and against any and all claims, administrative orders or
directives, lawsuits, settlements, judgments, penalties, costs or expenses (including without
limitation attorneys and/or experts fees) and damages asserted against the Provider
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Indemnified Parties by any third-party to the extent the same arise out of or are due to:
(i) Customer’s negligence or willful misconduct in exercising its rights or performing its
obligations under the Agreement; (ii) Customer’s noncompliance with or Default under the
Agreement; and/or (iii) Customer’s failure to comply with applicable law in connection with
its performance under the Agreement.
10.2 Indemnification by Provider. Provider shall indemnify, defend and hold Customer and
its members, managers, officers, agents and employees (collectively, the “Customer
Indemnified Parties") harmless from and against any and all claims, administrative orders or
directives, lawsuits, settlements, judgments, penalties, costs or expenses (including without
limitation attorneys and/or expert fees) and damages asserted against the Customer
Indemnified Parties by any third-party to the extent the same arise out of or are due to:
(i) Provider’s negligence or willful misconduct in exercising its rights and performing its
obligations under the Agreement; (ii) Provider’s noncompliance with or Default under the
Agreement; (iii) any third party claim(s) that the Astound Network or Provider Equipment
used in the Services infringes that third party's patent, copyright, or trademark, or
misappropriates its trade secrets; and/or (iv) Provider’s failure to comply with applicable law
in connection with its performance under the Agreement.
10.3 Indemnification Procedures for Third-Party Claims. Should any third-party claim arise
under this Article 10, the indemnified Party shall promptly notify the indemnifying Party of
same in writing, and shall take such action as may be necessary to avoid default or other
adverse consequences in connection with such claim. The indemnifying Party shall have the
right to select counsel and to control the defense and settlement of such claim; provided,
however, that the indemnified Party shall be entitled to participate in the defense of such
claim and to employ counsel at its own expense to assist in handling the claim, and provided
further, that the indemnifying party shall not take any action in defense or settlement of the
claim that would negatively impact the indemnified Party without the consent of the
indemnified Party. The indemnified Party shall reasonably cooperate with the indemnifying
Party in the defense of the third-party claim, including making its files and personnel
reasonably available to the indemnifying Party, all at the cost and expense of the indemnifying
Party.
ARTICLE 11 – FORCE MAJEURE EVENTS
Neither Party shall be liable for any delay in or failure of performance hereunder (other
than Customer’s payment obligations under Article 4) due to causes beyond such Party’s
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reasonable control and through no fault of such Party, including, but not limited to, acts of
God; fire, flood, earthquake, ice storms, wind storms, or other severe weather events, ,
explosion not caused by affected Party or its contractors or agents; vandalism or cable cut
not caused by the affected Party or its contractors or agents; terrorist acts, insurrection, riots
or other civil unrest; emergency declared by an appropriate governmental authority, or
inability to obtain equipment, material or other supplies due to strike, lockout or work
stoppage; (each, a “Force Majeure Event”). If any Force Majeure Event causes an increase in
the time required for performance of any of its duties or obligations, the affected Party shall
be entitled to an equitable extension of time for completion. Delay or failure of performance
due to a Party’s Default under this Agreement shall not constitute a Force Majeure Event. If
the delay in performance caused by the Force Majeure Event exceeds thirty (30) days, either
Party may terminate the Agreement or the applicable Service Order(s) immediately on
written notice to the other Party, without incurring any liability in connection with such
termination.
ARTICLE 12 – DISPUTE RESOLUTION
12.1 Good Faith Negotiations. Except for actions seeking a temporary restraining order or
injunction, in the event any controversy, disagreement, dispute or claim (each, a “Dispute”)
arises between the Parties in connection with this Agreement, either Party may give the other
Party written notice of the Dispute (each, a “Dispute Notice”). Representatives of the Parties
having full authority to resolve the Dispute will meet and attempt to resolve the Dispute
within sixty (60) days of the date on which the Dispute Notice is delivered. All discussions
occurring and documents exchanged during negotiations under this Section are confidential
and inadmissible for any purpose in any legal proceeding involving the Parties; provided that
evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or
non-discoverable as a result of its use in the negotiation process. With respect to Fee disputes
arising under Article 4, compliance with the negotiation procedures described in Section 4.2
shall be in lieu of the provisions of this Section 12.1. If the Parties do not resolve the Dispute
within the sixty (60) day period, either of the Parties may pursue any remedy available to it
under this Agreement, at law or in equity.
12.2 Governing Law. The Agreement and all matters arising out of the Agreement shall be
governed by the laws of the State of Washington. Any judicial action arising in connection
with the Agreement shall be in the Superior Court of the State of Washington in and for
Clallam County, or in the Federal District Court for the Western District of Washington, as
applicable.
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ARTICLE 13– ASSIGNMENT AND ASSUMPTION
Except as otherwise provided in this Article 13, neither Party shall assign, delegate or
otherwise transfer the Agreement or its obligations under the Agreement, in whole or in part,
without the prior written consent of the other Party. Notwithstanding the foregoing, either
Party may, without the necessity of obtaining the other Party’s consent, assign its interest in
and to the Agreement to: (i) any entity acquiring such Party, whether by merger or through
purchase of substantially all the assets of such Party; (ii) a lender as an asset securing
indebtedness; or (iii) an Affiliate of such party; provided, that in the event of a merger or
acquisition of a Party’s assets, the merged or acquiring entity (as applicable) shall be liable
for the obligations under the Agreement, and in the event of a transfer to an Affiliate, the
transferring Party shall continue to remain liable for the obligations under the Agreement.
ARTICLE 14 – NOTICES
Unless otherwise provided elsewhere in the Agreement, any notice to be given to
either Party under the Agreement will be in writing and directed to the addresses set forth
below. Notices will be deemed received (i) the next business day, when sent by reliable,
commercial overnight courier; (ii) three (3) business days after being sent by certified mail,
postage prepaid and return receipt requested; (iii) when actually received, if sent by email
during the business hours of 9:00 a.m. to 5:00 p.m. (recipient’s time). Notices received after
5:00 p.m. (recipient’s time) will be effective the next business day.
If to Provider: Astound Business Solutions, LLC 650 College Road East, Suite 3100 Princeton, NJ 08540 ATTN: Business Solutions
If to Customer: City of Port Angeles 321 E 5th Street Port Angeles, WA 98362 ATTN: City Manager With a Copy to: Astound Business Solutions, LLC 650 College Road East, Suite 3100 Princeton, NJ 08540 ATTN: Legal Department
With Copies to: City of Port Angeles 321 E 5th Street Port Angeles, WA 98362 ATTN: City Attorney City of Port Angeles 321 E 5th Street Port Angeles, WA 98362 ATTN: Information Technology Manager
Either Party may change its notice address by giving notice to the other Party in accordance
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with this Article.
ARTICLE 15 – REPRESENTATIONS AND COVENANTS
Each Party represents and covenants to the other as follows: (i) the execution and
delivery of the Agreement and the performance of its obligations hereunder have been duly
authorized; (ii) the Agreement is a valid and legal agreement binding on such parties and
enforceable in accordance with its terms; (iii) to the best of its knowledge and belief, it is in
material compliance with all laws, rules and regulations and court and governmental orders
related to the operation of its business; and (iv) it shall comply with all applicable codes,
ordinances, laws, and regulations when exercising its rights and performing its obligations
under the Agreement.
ARTICLE 16 – MISCELLANEOUS
16.1 Entire Agreement; Interpretation. The Agreement constitutes the entire agreement
between the Parties regarding the subject matter hereof. Any prior written agreements
between the Parties are affected only to the extent expressly provided in this Agreement.
The Agreement may only be modified or supplemented by an instrument executed by an
authorized representative of each Party. The Agreement and each of the terms and
provisions of it are deemed to have been explicitly negotiated by the Parties, and the
language in all parts of the Agreement shall, in all cases, be construed according to its fair
meaning and not strictly for or against either of the Parties. If any provision of the Agreement
or the application thereof to any person or circumstance shall, for any reason and to any
extent, be found invalid or unenforceable, the remainder of the Agreement and the
application of that provision to other persons or circumstances shall not be affected thereby,
but shall instead continue in full force and effect.
16.2 No Waiver. No failure by either Party to enforce any rights hereunder will constitute a
waiver of such rights. Nor shall a waiver by either Party of any particular breach or default
constitute a waiver of any other breach or default or any similar future breach or default.
Provider’s acceptance of any payment under the Agreement will not constitute an accord or
any other form of acknowledgement or satisfaction that the amount paid is in fact the correct
amount, and acceptance of a payment will not release any claim by Provider for additional
amounts due from Customer.
16.3 Attorneys’ Fees. If any proceeding is brought by a Party to enforce or interpret any
term or provision of the Agreement, the substantially prevailing Party in such proceeding will
February 17, 2026 J - 19
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 17
Astound Business Solutions, LLC and City of Port Angeles 01/28/2026
FG: 110030074.3
be entitled to recover, in addition to all other relief as set forth in the Agreement, that Party’s
reasonable attorneys’ and experts’ fees and expenses.
16.4 Relationship; No Third Party Beneficiaries. The Agreement is a commercial contract
between Provider and Customer and the relationship between the Parties is that of
independent contractors. Nothing in the Agreement creates any partnership, principal-
agent, employer-employee or joint venture relationship between the Parties or any of their
Affiliates, agents or employees for any purpose. The Agreement is for the sole benefit of
Provider and Customer and is not intended to confer any rights on any other person; there
are no third party beneficiaries of the Agreement.
16.5 Exhibits. The following Exhibits, which are attached to this MSA, are incorporated
herein and by this reference made a part of this MSA:
EXHIBIT A - Service Level Agreement for Lit Fiber Services
EXHIBIT B - Service Level Agreement for Dark Fiber & Wavelength Services
EXHIBIT C - Acceptable Use Policy for Commercial Services
EXHIBIT D - Services Addendum
16.6 Computation of Time. Except where expressly provided to the contrary, as used in the
Agreement, the word “day” shall mean “calendar day,” and the computation of time shall
include all Saturdays, Sundays and holidays for purposes of determining time periods
specified in the Agreement. If the final date of any period of time set out in any provision of
the Agreement falls upon a Saturday or a Sunday or a legal holiday, then in such event, the
time of such period shall be extended to the next day that is not a Saturday, Sunday or legal
holiday. As used in the Agreement, the term “business day” shall mean a day that is not a
Saturday, Sunday or a legal holiday.
16.7 Counterparts; Electronic Signatures. This MSA and any Service Order entered into by
the Parties pursuant to this MSA may be executed in multiple counterparts, each of which
shall constitute an original, and all of which shall constitute one and the same instrument.
Any executed documents sent to the other Party in portable document format (pdf) images
via email will be considered the same as an original document. The Parties consent to the use
of electronic signatures.
16.8 Provider Contact and Problem Escalation Information. At all times while Customer is
February 17, 2026 J - 20
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 18
Astound Business Solutions, LLC and City of Port Angeles 01/28/2026
FG: 110030074.3
receiving one or more Services from Provider pursuant to this MSA, Provider shall use
commercially reasonable, good faith efforts to provide Customer with then-current contact
information for Provider’s commercial network operations center, as well as Provider contact
information for escalation of any trouble reporting. City shall use commercially reasonable,
good faith efforts to provide Provider with then-current contact information for the City’s
Information Technology and Business contacts, for Provider use in communicating about the
Services, including without limitation any Outages or Emergency or Scheduled Maintenance.
[Signatures on following page.]
February 17, 2026 J - 21
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES – GOVERNMENTAL CUSTOMER pg. 19
Astound Business Solutions, LLC and City of Port Angeles 01/28/2026
FG: 110030074.3
The Parties are signing this MSA as of the dates written below.
CUSTOMER:
The City of Port Angeles, Washington
municipal corporation
By
Name:
Title:
Date:
PROVIDER:
Astound Business Solutions, LLC, a
Delaware limited liability company
By
Name:
Title:
Date:
[The remainder of this page is intentionally left blank.]
February 17, 2026 J - 22
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 20
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
EXHIBIT A
to
Master Services Agreement for Enterprise Services
Service Level Agreement for Lit Fiber Services
This Service Level Agreement for Lit Fiber Services (this “SLA”) is a part of the Master Services
Agreement for Enterprise Services (“MSA”) between Astound Business Solutions, LLC
(“Astound”) and Customer. Unless otherwise provided in the applicable Service Order, this
SLA applies to the following types of lit fiber Services provided by Astound pursuant to the
MSA: (a) dedicated Internet access services, and (b) Ethernet transport services.
1. AVAILABILITY SLA
Astound’s Network is designed to provide a target Availability of at least 99.99% per month.
If the Availability target is not achieved in a given calendar month, Customer shall be entitled
to the remedies set forth in the table below, which must be claimed as described in this SLA.
Target Availability Duration of Service Outage
Customer Credit as % of
MRC for the applicable
Circuit*
99.99%
Availability
Less than 4 minutes 20
seconds Target Met
4 min. 20 sec. up to 2 hours 5%
> 2 hours up to 6 hours 10%
> 6 hours up to 12 hours 20%
> 12 hours up to 24 hours 35%
> 24 hours 50%
*Customer credits for Unavailability are calculated on an individual circuit basis,
and the amount of any credit is based on the portion of MRC allocable to the
affected circuit.
2. MEAN TIME TO RESTORE (“MTTR”) SLA
In the event of Outages in Services due to failure or malfunction of the Astound Network or
Astound Equipment, Astound’s CNOC is designed to provide a MTTR of 6 hours or less. If the
February 17, 2026 J - 23
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 21
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
target MTTR is not met for a particular circuit in a given calendar month, and Customer
receives a Service from Astound on the circuit at issue, then Customer shall be entitled to
remedies set forth in the table below, which must be claimed as described in this SLA.
Target MTTR Actual MTTR
Customer Credit
as % of MRC for
the applicable
Circuit
6 hr MTTR
≤ 6 Hrs. Target Met
> 6 Hrs. to 10 Hrs. 5%
> 10 Hrs. to 18 Hrs. 10%
> 18 Hrs. 20%
3. PACKET DELIVERY/PACKET LOSS SLA
The Astound Network is designed to provide no greater than 0.1% Packet Loss. If the Packet
Loss target is not achieved in a given calendar month, Customer shall be entitled to the
remedies set forth in the table below, which must be claimed as described in this SLA.
Customer credits for average monthly Packet Loss are calculated on an individual circuit basis,
and the amount of any credit is based on the portion of MRC allocable to the affected circuit.
Target Maximum
Packet Loss
Actual Packet Loss
(lower end – upper end)
Customer Credit
as % of MRC for
the applicable
Circuit
≤ 0.1% Packet
Loss
0% - 0.1% Target Met
> 0.1% - 0.4% 5%
> 0.4% - 0.7% 10%
> 0.7% - 1.0% 25%
> 1.0% 50%
4. LATENCY SLA
The Astound Network is designed to provide a monthly average one-way Latency not to
exceed the following:
• For “Local Market” distances of ≤ 75 miles = 10 ms
February 17, 2026 J - 24
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 22
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
• For “Inter-Market” distances of between 76 – 750 miles = 20 ms
• For “Long-Haul” distances of > 750 miles = 50 ms
If the applicable Latency target is not achieved in a given month and Astound does not remedy
the problem within fifteen (15) calendar days from the date on which Customer opens a
Trouble Ticket with the Astound CNOC regarding excessive Latency, Customer shall be
entitled to the remedies set forth in the table below, which must be claimed as described in
this SLA.
Target
Local
Market
Latency
Target
Inter-
Market
Latency
Target
Long-
Haul
Latency
Actual One-Way
Latency
(lower end - upper end)
Customer
Credit
as % of
MRC for the
applicable
Circuit
10 ms or
less
20 ms or
less
50 ms or
less
≤ Target Latency Target Met
> Target up to 8 ms over
Target 5%
> 8 ms up to 15 ms over
Target 10%
> 15 ms up to 20 ms over
Target 25%
> 20 ms over Target 50%
5. NETWORK JITTER SLA
The Astound Backbone Network is designed to have a monthly average one-way Network
Jitter not to exceed the following:
• For Local Market distances of ≤ 75 miles = 2 ms
• For Inter-Market distances of between 76 – 750 miles = 5 ms
• For Long-Haul distances of > 750 miles = 15 ms
If the applicable Network Jitter target is exceeded in a given calendar month, Customer will
be entitled to a credit of 1/30th of the MRC of the affected circuit for that month for each full
1ms of Network Jitter above the Network Jitter target set forth above. Any such credit must
be claimed as described in this SLA.
February 17, 2026 J - 25
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 23
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
6. CHRONIC OUTAGE
If Customer experiences a Chronic Outage with respect to a Service, Customer shall have the
right to elect either of the following remedies, which must be claimed as described in this
SLA: (i) substitute a different Service or a different circuit/path for the Service and
circuit/path that experienced the Chronic Outage without incurring any Termination Charge
or installation fees; or (ii) terminate the affected Service for the circuit/path that experienced
the Chronic Outage without incurring any Termination Charge.
7. DEFINITIONS
For purposes of this SLA the following terms shall have the meanings set forth below.
“Astound Backbone Network” means Astound’s core fiber backbone that connects Astound’s
POPs and regional hubs.
“Astound’s Commercial Network Operations Center” or “Astound’s CNOC” means Astound’s
commercial network operations center, which is staffed 24x7x365.
“Astound Network” means all equipment, facilities and infrastructure that Astound uses to
provide Services to Customer, and includes Customer’s access port. The “Astound Network”
does not include Customer owned or leased equipment (unless leased from Astound), or any
portion of Customer’s local area network after the demarcation point for the Services
provided by Astound.
“Availability” means the ability of Customer to exchange Ethernet packets with the Astound
Network via Customer’s router port. Availability is measured in minutes of uptime over the
calendar month during which the Services are Available:
% Availability = (Total Minutes in Month – Total Minutes of Unavailability in
Month)
(per calendar month) Total Minutes in Month
For Ethernet Transport Services and VoIP Services, Availability is calculated at the individual
circuit level, between Astound’s Backbone Network and the Customer’s router port. For
Dedicated Internet Access Services, Availability is calculated from the Customer’s router port
through the Astound Network to the handoff point for the Internet. Dedicated Internet
February 17, 2026 J - 26
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 24
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
Access Service Availability does not include the availability of the Internet itself or any
particular Internet resource. Periods of Excused Outage are not included in Availability
metrics.
“Chronic Outage” means a series of three (3) or more Service Outages affecting the same
Service on the same circuit during a given calendar month, each of which has an actual time
to restore “TTR” in excess of Astound’s targeted MTTR.
“Emergency Maintenance” means Astound’s efforts to correct conditions on the Astound
Network that are likely to cause a material disruption to or outage in services provided by
Astound and which require immediate action. Emergency Maintenance may degrade the
quality of the Services provided to Customer, including possible outages. Any such outages
to correct conditions not caused by a Provider Default or Provider negligent action or
omission are Excused Outages that will not entitle Customer to credits under this SLA.
Astound may undertake Emergency Maintenance at any time Astound deems necessary and
will provide Customer with notice of such Emergency Maintenance as soon as commercially
practicable under the circumstances.
“Excused Outage” means any disruption to or unavailability of Services caused by or due to
(i) Scheduled Maintenance or Emergency Maintenance performed to correct conditions not
caused by Provider Default, or Provider’s negligent action(s) or omission(s), or
(ii) circumstances beyond Astound’s reasonable control, such as, by way of example only,
Force Majeure Events, acts or omissions of Customer or Customer’s agents, licensees or end
users, or any failure, unavailability, interruption or delay of third-party telecommunications
network components the use of which are reasonably necessary for Astound’s delivery of the
Services to Customer.
“Jitter” or “Network Jitter” refers to a variation in the interval at which packets are received,
also described as the variability in Latency as measured in the variability over time of the
packet Latency across a network. Jitter is calculated as an aggregate average monthly metric
measured by Astound across the Astound Backbone Network between a sample of Astound
POPs. Local access loops are not included. Periods of Excused Outage are not included in
Jitter metrics.
“Latency” means how much time it takes, measured in milliseconds, for a packet of data to
get from one designated point on Astound’s Network to another designated point on
February 17, 2026 J - 27
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 25
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
Astound’s Network. Latency is calculated as an aggregate average monthly metric measured
by Astound across the Astound Backbone Network between a sample of Astound POPs. Local
access loops are not included. Periods of Excused Outage are not included in Latency metrics.
“Mean Time to Restore” or “MTTR” means the average time required to restore the Astound
Network to a normally operating state in the event of an Outage. MTTR is calculated on a
circuit basis, as a monthly average of the time it takes Astound to repair all Service Outages
on the specific circuit. MTTR is measured from the time an Outage related Trouble Ticket is
generated by the Astound CNOC until the time the Service is again Available. The cumulative
length of Service Outages per circuit is divided by the number of Trouble Tickets in the billing
month to derive the monthly MTTR per circuit:
MTTR in Hrs = Cumulative Length of Service Outages Per Month Per Circuit
(per calendar month) Total Number of Trouble Tickets for Service Outages Per
Month Per Circuit
Periods of Excused Outage are not included in MTTR metrics.
“Outage” means a disruption in the Service making the Service completely unavailable to
Customer that is not an Excused Outage. For purposes of SLA-related credits and remedies,
the period of unavailability begins when an Outage-related Trouble Ticket is opened by the
Customer and ends when the connection is restored, as measured by Astound. Unavailability
does not include periods of Service degradation, such as slow data transmission.
“Packet Loss” means the unintentional discarding of data packets in a network when a device
(e.g., switch, router, etc.) is overloaded and cannot accept any incoming data. Packet Loss is
calculated as aggregate average monthly metric measured by Astound across the Astound
Backbone Network between a sample of Astound POPs. Local access loops are not included.
Periods of Excused Outage are not included in Packet Loss metrics.
“Scheduled Maintenance” means any maintenance of the portion of the Astound Network to
which Customer’s router is connected that is performed during a standard maintenance
window (1:00AM – 6:00AM Local Time). Customer will be notified via email at least seven (7)
days in advance of any scheduled maintenance that is likely to affect Customer’s Service.
Notice shall itemize the individual Customer circuits likely to be affected, the anticipated
February 17, 2026 J - 28
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 26
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
duration of service outage and anticipate date and time of Service restoration.
“Trouble Ticket” means a written record generated by Astound through the Astound CNOC
upon notification of a Service-related problem. Trouble Tickets may be generated by Astound
pursuant to its internal network monitoring process, or by Customer’s reporting of a problem
to the Astound CNOC. In order for Customer to be eligible for credits or remedies under this
SLA, Customer must contact the Astound CNOC and open a Trouble Ticket regarding the
problem.
8. CLAIMING CREDITS AND REMEDIES
8.1 Requesting SLA Related Credits and Chronic Outage Remedies. To be eligible
for any SLA-related Service credit or Chronic Outage remedy, Customer must not be in Default
with respect to payment of any undisputed Fees. Credits are exclusive of any applicable taxes
charged to Customer or collected by Astound.
(i) To claim SLA-related Service credits, Customer must do the following:
(a) Open a Trouble Ticket with the Astound CNOC within twenty-four
(24) hours of the occurrence giving rise to the claimed credit(s);
(b) Submit a written request for the credit(s) to Customer’s account
manager within fifteen (15) days after the end of the calendar
month in which the incident giving rise to the credit(s) occurred;
and
(c) Provide the following documentation when requesting the credit(s):
• Customer name and contact information;
• Trouble Ticket number(s);
• Date and beginning/end time of the claimed Outage or failed SLA
metric;
• Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Outage or
failed SLA metric.
(ii) To claim remedies for a Chronic Outage under this SLA, Customer must do the
following:
(a) Open a Trouble Ticket regarding the Chronic Outage with the
Astound CNOC within seventy-two (72) hours of the last Outage
giving rise to the claimed remedy;
February 17, 2026 J - 29
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 27
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
(b) Submit a written request for a remedy regarding the Chronic
Outage to Customer’s account manager within thirty (30) days of
the end of the calendar month in which the Chronic Outage
occurred; and
(c) Provide the following documentation when requesting the remedy:
• Customer name and contact information;
• Type of remedy requested (e.g., substitution or termination);
• Trouble Ticket numbers for each individual Outage event;
• Date and beginning/end time of each of the claimed Outages;
• Trouble Ticket number for the Chronic Outage at issue;
• Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Chronic
Outage.
If Customer fails to timely submit, pursuant to the procedure described in this Section, a
request for any SLA-related credit or Service Outage remedy for which Customer might
otherwise be eligible under this SLA, Customer shall be deemed to have waived its right to
receive such credit or remedy. The credits and remedies provided by this SLA are Customer’s
sole and exclusive remedies for any and all claims or complaints regarding the quality and/or
availability of any of the Services to which this SLA applies.
8.2 Astound’s Evaluation of Claims. All claims for SLA-related credits and remedies
for Chronic Outages are subject to evaluation and verification by Astound. Upon receiving a
claim for SLA-related credit and/or remedies for Chronic Outage, Astound will evaluate the
claim and respond to Customer within thirty (30) days. If Astound requires additional
information in order to evaluate Customer’s claim, Astound will notify Customer by email
specifying what additional information is required. Customer will have thirty (30) days from
the date on which it receives Astound’s request for additional information in which to provide
the requested information to Astound. If Customer fails to timely provide the additional
information or timely respond, Customer will be deemed to have abandoned its claim.
Astound will promptly notify Customer of Astound’s resolution of each Customer claim. If
Customer’s claim for an SLA-related credit or Chronic Outage remedy is rejected, the
notification will specify the basis for the rejection. If Customer’s claim for a credit is approved,
Astound will issue the credit to Customer’s account, to appear on the next monthly invoice.
If Customer’s claim for a Chronic Outage remedy is approved, Astound will notify Customer
of the date on which the requested substitution or termination will occur. Astound’s
February 17, 2026 J - 30
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 28
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
determination regarding whether or not an SLA has been violated shall be final.
8.3 Limitations and Exclusions. Total credits for any given calendar month shall not
exceed 100% of the MRC for the affected Service. Credits shall not be cumulative with respect
to any given incident; instead, if multiple SLAs are violated during a single incident, Customer
shall be entitled only to the largest applicable credit amount. This SLA will not apply and
Customer will not be entitled to any credit under this SLA for any impairment of Services that
is caused by or due to any of the following: (i) the acts or omissions of Customer, its agents,
employees, contractors, or Customer’s end users, including the failure of or refusal by
Customer to reasonably cooperate with Astound in diagnosing and troubleshooting problems
with the Services; (ii) scheduled Service alteration, maintenance or implementation
requested and agreed to by Customer; (iii) the failure or malfunction of network equipment
or facilities not owned or controlled by Astound or Astound’s Affiliates; (iv) Force Majeure
Events; (v) Astound’s inability (due to no fault of Astound) to access facilities or equipment as
reasonably required to troubleshoot, repair, restore or prevent degradation of the Service;
or (vi) Astound’s inability to deliver Service by Customer’s desired due date.
[The remainder of this page is intentionally left blank.]
February 17, 2026 J - 31
EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 29
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
EXHIBIT B
to
Master Services Agreement for Enterprise Services
Service Level Agreement for Dark Fiber & Wavelength Services
This Service Level Agreement for Dark Fiber & Wavelength Services (this “SLA”) is a part of
the Master Services Agreement for Enterprise Services (“MSA”) between Astound Business
Solutions, LLC (“Astound”) and Customer. Unless otherwise provided in the applicable Service
Order, this SLA applies to the following types of Services provided by Astound pursuant to the
MSA: (i) dark fiber services, and (ii) wavelength services.
1. AVAILABILITY SLA
Astound’s dark fiber paths and wavelengths are designed to provide a target Availability of at
least 99.9% per calendar month. If the Availability target is not met with respect to a given
dark fiber path or wavelength in a given calendar month, Customer will be entitled to a credit
in the amount set forth below, which must be claimed as described in this SLA. Customer
credits for Outages of dark fiber or wavelength Services are calculated on an individual path
basis, and the amount of any credit is based on the portion of MRC allocable to the affected
Service.
Duration of
Unavailability
Customer Credit
as % of MRC for the
applicable Service
Less than 45 minutes Target Met
45 Min. up to 8 hours 5%
> 8 hours up to 16
hours 10%
> 16 hours up to 24
hours 20%
> 24 hours 35%
2. MEAN TIME TO RESTORE (“MTTR”) SLA
In the event of Outages in the Services, Astound’s CNOC is designed to provide a MTTR of no
greater than 6 hours. If the target MTTR is not met for a particular dark fiber path or
February 17, 2026 J - 32
EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 30
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
wavelength in a given calendar month, and Customer receives a Service from Astound on the
path at issue, then Customer shall be entitled to remedies set forth in the table below, which
must be claimed as described in this SLA.
Target MTTR Actual MTTR
Customer Credit
as % of MRC for
the applicable
Service
6 hr MTTR
≤ 6 Hrs. Target Met
> 6 Hrs. to 10 Hrs. 5%
> 10 Hrs. to 18 Hrs. 10%
> 18 Hrs. 20%
3. CHRONIC OUTAGE
If Customer experiences a Chronic Outage with respect to a Service, Customer shall have the
right to elect either of the following remedies, which must be claimed as described in this
SLA: (i) substitute a different Service or a different path for the Service that experienced the
Chronic Outage without incurring any Termination Charge or installation fees; or
(ii) terminate the affected Service for the path that experienced the Chronic Outage without
incurring any Termination Charge.
4. DEFINITIONS
For purposes of this SLA the following terms shall have the meanings set forth below.
“Astound’s Commercial Network Operations Center” or “Astound’s CNOC” means Astound’s
commercial network operations center, which is staffed 24x7x365.
“Astound Network” means all equipment, facilities and infrastructure that Astound uses to
provide Services to Customer, and includes Customer’s access port. The “Astound Network”
does not include Customer owned or leased equipment (unless leased from Astound), or any
portion of Customer’s local area network after the demarcation point for the Services
provided by Astound.
“Availability” means the dark fibers or the wavelength at issue is available to and accessible
by Customer at the specified locations, is capable of transmitting signals and can otherwise
February 17, 2026 J - 33
EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 31
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
be used by Customer. Availability does not involve the quality of data transmission. Periods
of Excused Outage are not included in the Availability metric. Astound does not monitor the
use or availability of dark fiber or wavelength Services, thus any Outage must be reported to
Astound by Customer.
“Chronic Outage” means a series of three (3) or more Service Outages affecting the same
Service on the path during a given calendar month, each of which has an actual time to restore
“TTR” in excess of Astound’s targeted MTTR.
“Emergency Maintenance” means Astound’s efforts to correct conditions on the Astound
Network that are likely to cause a material disruption to or outage in Services provided by
Astound and which require immediate action. Emergency Maintenance may degrade the
quality of the Services provided to Customer, including possible outages. Any such outages
to correct conditions not caused by a Provider Default or Provider negligent action or
omission are Excused Outages that will not entitle Customer to credits under this SLA.
Astound may undertake Emergency Maintenance at any time Astound deems necessary and
will provide Customer with notice of such Emergency Maintenance as soon as commercially
practicable under the circumstances.
“Excused Outage” means any disruption to or unavailability of Services caused by or due to
(i) Scheduled Maintenance or Emergency Maintenance performed to correct conditions not
caused by Provider Default, or Provider’s negligent action(s) or omission(s); or
(ii) circumstances beyond Astound’s reasonable control, such as, by way of example only,
Force Majeure Events, acts or omissions of Customer or Customer’s agents, licensees or end
users, or any failure, unavailability, interruption or delay of third-party telecommunications
network components the use of which are reasonably necessary for Astound’s delivery of the
Services to Customer.
“Mean Time to Restore” or “MTTR” means the average time required to restore the Service(s)
to a normally operating state in the event of an Outage. MTTR is calculated on a path/route
basis, as a monthly average of the time it takes Astound to repair all Service Outages on the
specific path/route. MTTR is measured from the time Customer opens an Outage related
Trouble Ticket is with the Astound CNOC until the time the Service is again Available. The
cumulative length of Service Outages per circuit is divided by the number of Trouble Tickets
in the billing month to derive the monthly MTTR per circuit:
MTTR in Hrs = Cumulative Length of Service Outages Per Month Per Circuit
February 17, 2026 J - 34
EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 32
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
(per calendar month) Total Number of Trouble Tickets for Service Outages Per
Month Per Circuit
Periods of Excused Outage are not included in MTTR metrics.
“Outage” means a disruption in the Service making the Service completely unavailable to
Customer that is not an Excused Outage. For purposes of SLA-related credits and remedies,
the period of unavailability begins when an Outage-related Trouble Ticket is opened by the
Customer and ends when the connection is restored, as measured by Astound. Unavailability
does not include periods of Service degradation, such as slow data transmission.
“Scheduled Maintenance” means any maintenance of the portion of the Astound Network to
which Customer’s demarc is connected that is performed during a standard maintenance
window (1:00AM – 6:00AM Local Time). Customer will be notified via email at least seven (7)
day in advance of any scheduled maintenance that is likely to affect Customer’s Service.
Notice shall itemize the individual Customer circuits likely to be affected, the anticipated
duration of service outage and anticipate date and time of Service restoration.
“Trouble Ticket” means a written record generated through the Astound CNOC upon
notification of a Service-related problem. In order for Customer to be eligible for credits or
remedies under this SLA, Customer must contact the Astound CNOC and open a Trouble
Ticket regarding the problem.
5. CLAIMING CREDITS AND REMEDIES
5.1 Requesting SLA Related Credits and Chronic Outage Remedies. To be eligible
for any SLA-related Service credit or Chronic Outage remedy, Customer must not be in Default
with respect to payment of any undisputed Fees. Credits are exclusive of any applicable taxes
charged to Customer or collected by Astound.
(i) To claim SLA-related Service credits, Customer must do the following:
(a) Open a Trouble Ticket with the Astound CNOC within twenty-four
(24) hours of the occurrence giving rise to the claimed credit(s);
(b) Submit a written request for the credit(s) to Customer’s account
manager within fifteen (15) days after the end of the calendar
month in which the incident giving rise to the credit(s) occurred;
February 17, 2026 J - 35
EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 33
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
and
(c) Provide the following documentation when requesting the credit(s):
• Customer name and contact information;
• Trouble Ticket number(s);
• Date and beginning/end time of the claimed Outage or failed SLA
metric;
• Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Outage or
failed SLA metric.
(ii) To claim remedies for a Chronic Outage under this SLA, Customer must do the
following:
(a) Open a Trouble Ticket regarding the Chronic Outage with the
Astound CNOC within seventy-two (72) hours of the last Outage
giving rise to the claimed remedy;
(b) Submit a written request for a remedy regarding the Chronic
Outage to Customer’s account manager within thirty (30) days of
the end of the calendar month in which the Chronic Outage
occurred; and
(c) Provide the following documentation when requesting the remedy:
• Customer name and contact information;
• Type of remedy requested (e.g., substitution or termination);
• Trouble Ticket numbers for each individual Outage event;
• Date and beginning/end time of each of the claimed Outages;
• Trouble Ticket number for the Chronic Outage at issue;
• Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Chronic
Outage.
If Customer fails to timely submit, pursuant to the procedure described in this Section, a
request for any SLA-related credit or Service Outage remedy for which Customer might
otherwise be eligible under this SLA, Customer shall be deemed to have waived its right to
receive such credit or remedy. The credits and remedies provided by this SLA are Customer’s
sole and exclusive remedies for any and all claims or complaints regarding the quality and/or
availability of any of the Services to which this SLA applies.
6.2 Astound’s Evaluation of Claims. All claims for SLA-related credits and remedies
February 17, 2026 J - 36
EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 34
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
for Chronic Outages are subject to evaluation and verification by Astound. Upon receiving a
claim for SLA-related credit and/or remedies for Chronic Outage, Astound will evaluate the
claim and respond to Customer within thirty (30) days. If Astound requires additional
information in order to evaluate Customer’s claim, Astound will notify Customer by email
specifying what additional information is required. Customer will have thirty (30) days from
the date on which it receives Astound’s request for additional information in which to provide
the requested information to Astound. If Customer fails to timely respond or timely provide
the additional information, Customer will be deemed to have abandoned its claim. Astound
will promptly notify Customer of Astound’s resolution of each Customer claim. If Customer’s
claim for an SLA-related credit or Chronic Outage remedy is rejected, the notification will
specify the basis for the rejection. If Customer’s claim for a credit is approved, Astound will
issue the credit to Customer’s account, to appear on the next monthly invoice. If Customer’s
claim for a Chronic Outage remedy is approved, Astound will notify Customer of the date on
which the requested substitution or termination will occur. Astound’s determination
regarding whether or not an SLA has been violated shall be final.
5.3 Limitations and Exclusions. Total credits for any given calendar month shall not
exceed 100% of the MRC for the affected Service. Credits shall not be cumulative with respect
to any given incident; instead, if multiple SLAs are violated during a single incident, Customer
shall be entitled only to the largest applicable credit amount. This SLA will not apply and
Customer will not be entitled to any credit under this SLA for any impairment of Services that
is caused by or due to any of the following: (i) the acts or omissions of Customer, its agents,
employees, contractors, or Customer’s end users, including the failure of or refusal by
Customer to reasonably cooperate with Astound in diagnosing and troubleshooting problems
with the Services; (ii) scheduled Service alteration, maintenance or implementation
requested and agreed to by Customer; (iii) the failure or malfunction of network equipment
or facilities not owned or controlled by Astound or Astound’s Affiliates; (iv) Force Majeure
Events; (v) Astound’s inability (due to no fault of Astound) to access facilities or equipment as
reasonably required to troubleshoot, repair, restore or prevent degradation of the Service;
or (vi) Astound’s inability to deliver Service by Customer’s desired due date.
[The remainder of this page is intentionally left blank.]
February 17, 2026 J - 37
EXHIBIT C: ACCEPTABLE USE POLICY FOR COMMERCIAL SERVICES pg. 35
Astound Business Solutions, LLC 02/10/2026
FG: 110030074.3
EXHIBIT C
to
Master Services Agreement for Enterprise Services
Acceptable Use Policy for Commercial Services
[See attached.]
February 17, 2026 J - 38
EXHIBIT D: SERVICES ADDENDUM pg. 36
Astound Business Solutions, LLC 01/19/2026
FG: 110030074.3
EXHIBIT D
to
Master Services Agreement for Enterprise Services
Services Addendum
[See attached.]
February 17, 2026 J - 39
Acceptable Use Policy for Commercial Services pg. 1
Astound Business Solutions, LLC 01/23/2025
Acceptable Use Policy for Commercial Services
Introduction.
Please read this Acceptable Use Policy for Commercial Services (“AUP”) carefully. Astound Business Solutions,
LLC and its affiliates (collectively, “Astound”) offer a variety of communications services (“Services”) to
commercial and governmental customers. Affiliates of Astound Business Solutions, LLC include, but are not
limited to (i) RCN Telecom Services, LLC, (ii) Grande Communications Networks, LLC, and (iii) Wave Business
Solutions, LLC. Your use of Astound’s Services constitutes your acceptance of and agreement to comply with
the provisions of this AUP to the extent its provisions are applicable to the Services you use. You are responsible
for ensuring that all users of Services comply with this AUP. This AUP applies to your use of Services in addition
to and in conjunction with the provisions of any Master Services Agreement, Service Order, Standard Terms
and Conditions for Enterprise Services, Small Business Services Subscriber Agreement, IRU Agreement,
Standard Terms and Conditions for Commercial Bulk Video Services or other contract documents you have
entered into with Astound (collectively, your “Contract”). To the extent the provisions of this AUP conflict with
any provisions of your Contract, the provisions of your Contract control. Astound may modify this AUP at any
time without notice. Your continued use of the Services after such modification constitutes acceptance of the
modified AUP.
Potential Consequences of Violating this AUP.
Although Astound does not normally monitor, screen or otherwise access the content of data transmitted using
any Service, Astound reserves the right to do so at any time for reasonable network management purposes, to
identify violations of this AUP, and to cooperate with law enforcement activities. Astound reserves the right,
in its sole discretion, to (i) remove or block any traffic which Astound determines is illegal, deceptive, harmful,
offensive or otherwise in violation of this AUP, and/or (ii) suspend or terminate your Services without notice
and without liability to Astound if a violation of this AUP occurs through your Services. Any violation by you of
this AUP grants Astound permission to take action to restrict or terminate your access to and use of Services.
You agree to indemnify, defend and hold Astound and its affiliates, suppliers, and agents harmless from and
against all claims and expenses (including reasonable attorneys’ fees and costs) resulting from your violation of
this AUP. Your indemnification obligations will survive any termination of Service. Astound’s failure to enforce
this AUP in any one or more instances does not constitute a waiver of Astound’s right to enforce this AUP at
any time in the future.
Prohibited Activities.
Prohibited uses of Services include, but are not limited to, the following:
(1) Illegal or Unlawful Use. Using Services to engage in, undertake, accomplish, instigate, encourage or
further any illegal or unlawful purpose or activity. This includes any and all illegal or unlawful purposes and
activities that are not expressly described elsewhere in this AUP.
(2) Making Robocalls or Sending Robotexts. Using Services to make, attempt to make, or facilitate the
making of unauthorized robocalls and/or the sending of unauthorized robotexts.
February 17, 2026 J - 40
Acceptable Use Policy for Commercial Services pg. 2
Astound Business Solutions, LLC 01/23/2025
(3) Unauthorized Hacking. Using Services to perform, attempt to perform, encourage or enable
unauthorized hacking of any kind. This includes, but is not limited to: (i) breaching or circumventing the
network security system of any host, network, server, database or user account, whether on Astound’s network
or on another carrier’s network, without permission; (ii) initiating, performing, participating in or assisting in
the performance of denial of service or DDoS attacks; (iii) using or distributing tools designed to circumvent or
compromise network security, such as ransomware, spyware, malware, password cracking or network probing
algorithms or analyzers, encryption circumvention devices, or Trojan Horse programs.
(4) Fraudulent Activity. Using Services to engage in, commit, encourage or further fraudulent activities or
other deceptive practices. This includes, but is not limited to, identity theft, credit card fraud, forgery, or
impersonation of any person or entity.
(5) Violating Intellectual Property Rights. Using Services in a manner that violates the intellectual property
rights of Astound or of any third party. This includes, but is not limited to, (i) modifying, disassembling,
decompiling, preparing derivative works of, reverse engineering or otherwise attempting to gain access to the
source code of any of the software components of your Services, (ii) using the software components of your
Services for the development, production or marketing of a service or product substantially similar to your
Services, or (iii) transmitting, reproducing, or distributing information, data, software or other material that is
protected by copyright, trademark, patent, trade secret or other proprietary rights laws, rules or regulations
without obtaining permission of the owner.
(6) Privacy Violations; Failure to Comply with Call Recording and/or Transcription Laws. Using Services in
a manner that violates the privacy of others. This includes, but is not limited to, (i) collecting (or attempting to
collect) or disseminating personal information about third parties without their consent, and (ii) recording
and/or transcribing phone calls, video conference calls or other communications made using the Services
without complying with all applicable laws regarding the recording and transcription of such communications.
(7) Offensive or Objectionable Use. Using Services in a manner that a reasonable person could deem to
be offensive or objectionable, regardless of whether or not the use is lawful. This includes, but is not limited
to, using Services to: (i) harass, annoy, or threaten others; (ii) transmit or disseminate material which a
reasonable person could deem to be objectionable, defamatory, offensive, indecent, vulgar, hateful or
otherwise inappropriate; or (iii) send or collect responses from unsolicited bulk communications (e.g., “spam”).
(8) Causing Network Performance Degradation. Using Services in a manner that causes (or is likely to
cause) performance degradation of Astound’s network and/or inhibits, interferes with or impedes other
authorized users of Astound’s network from making normal and reasonable use of their Services. This includes,
but is not limited to, the generation of excessive levels of network traffic, regardless of intent, purpose or
knowledge.
(9) Unauthorized Resale. Unauthorized resale of Services. Unless you are an authorized wholesale partner
of Astound, Astound’s commercial Services are exclusively for your internal business use and may not be re-
sold or otherwise distributed outside your organization. If you desire to re-sell Astound’s Services, please
contact Astound’s Wholesale team about becoming an authorized wholesale partner.
(10) Violating Other Provider’s Policies. Using Services in a manner that violates the rules, regulations, or
policies established by or applicable to any non-Astound network, server, database, or website that you access
using Astound’s Services.
February 17, 2026 J - 41
Acceptable Use Policy for Commercial Services pg. 3
Astound Business Solutions, LLC 01/23/2025
Security.
As a user of Services, it is your responsibility to secure your network from external threats such as DDoS attacks,
ransomware, viruses, worms and other methods of unauthorized intrusion. In all cases, you are solely
responsible for the security of any device you choose to connect to Service, including any data stored or shared
on that device. You are responsible for any misuse of Services, even if the misuse was committed without your
authorization. Therefore, you must take steps to ensure that others do not gain unauthorized access to Services
or use Services in an unauthorized manner.
Digital Millennium Copyright Act.
Astound is committed to complying with U.S. copyright and related laws. Astound reserves the right to
terminate, in appropriate circumstances, the service provided to any customer or user in accordance with the
Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)
(“DMCA”). Astound will terminate the subscriptions of repeat copyright infringers. Astound’s copyright
compliance policies do not affect any other rights Astound may have under law or contract.
For more information, please see Astound’s DMCA Policy on Astound’s website:
https://www.astound.com/business/legal-disclosures/dmca-policy/
Last Updated: January 23, 2025
February 17, 2026 J - 42
Services Addendum pg. 1
Astound Business Solutions, LLC 06/02/2025
SERVICES ADDENDUM*
This Services Addendum* (the “Services Addendum”) contains additional provisions that apply to specific types of
Services offered by Provider. If Customer receives from Provider any one or more of the types of Services described in
this Services Addendum, then the pertinent provisions of this Services Addendum shall apply to such Services in
addition to the provisions of the Agreement pursuant to which Customer ordered the Services. Capitalized terms used
but not defined in this Services Addendum shall have the meanings given them in the applicable Agreement. In the
event of conflict or inconsistency between the provisions of this Services Addendum and the provisions of the
applicable Agreement, the order of precedence set forth in the Agreement shall apply.
TABLE OF CONTENTS
ARTICLE 1 – INTERNET ACCESS SERVICE PROVISIONS ............................................................................................. 2
ARTICLE 2 – BURSTABLE SERVICE PROVISIONS ....................................................................................................... 4
ARTICLE 3 – ADVANCED SECURITY WITH SD-WAN AND/OR BUSINESS SWITCH SERVICES PROVISIONS .................... 4
ARTICLE 4 – PHONE SERVICE PROVISIONS ............................................................................................................. 5
ARTICLE 5 – HOSTED VOICE SERVICE PROVISIONS .................................................................................................. 7
ARTICLE 6 – VIDEO CONFERENCING SERVICE PROVISIONS .................................................................................... 22
ARTICLE 7 – CLOUD CONTACT CENTER SERVICE PROVISIONS ................................................................................ 24
ARTICLE 8 – VIDEO SERVICE PROVISIONS ............................................................................................................. 37
ARTICLE 9 – CLOUD HOSTING SERVICE PROVISIONS ............................................................................................. 38
ARTICLE 10 – DARK FIBER SERVICE PROVISIONS................................................................................................... 44
ARTICLE 11 – REMOTE VIRTUAL OFFICE SERVICE PROVISIONS .............................................................................. 45
*NOTE: In some prior versions of Provider’s contract documents governing the Services, the title of this
Services Addendum was “Service-Specific Terms and Conditions” also referred to as the “Service-Specific
T&Cs.” If Customer’s Agreement references Provider’s “Service-Specific Terms and Conditions” and/or the
“Service-Specific T&Cs,” all such references shall be deemed to be to this Services Addendum.
February 17, 2026 J - 43
Services Addendum pg. 2
Astound Business Solutions, LLC 06/02/2025
ARTICLE 1 – INTERNET ACCESS SERVICE PROVISIONS
If Customer receives Internet access Services (“Internet Access Services”) from Provider, then, in addition to the provisions of the
applicable Agreement, Customer’s use of the Internet Access Services is also subject to the terms and conditions of this Arti cle 1:
1.1 End-User Access. Customer must ensure that any persons who use the Internet Access Services through Customer’s
equipment and/or Customer’s internal network comply with the terms of the Agreement, this Services Addendum, and Provider’s
AUP.
1.2 Acceptance of Risk. Customer expressly acknowledges and agrees that the Internet is a shared network that is not secure
and that is not controlled by Provider. Any content that Customer accesses through the Internet Access Services is provided by
independent third-party content providers, over which Provider does not exercise control. Provider does not preview, exercise
editorial control over, or endorse any opinions or information accessed through the Internet Access Services. Customer expre ssly
understands and agrees that it is possible data or files Customer or any of its employees, contractors, agents, or other end -users
send or receive over the Internet may be monitored by third-parties and/or subject to unauthorized access by third-parties. Third-
parties may gain access to Customer’s data, including confidential information. Data or files transmitted over the Internet may
contain computer viruses, ransomware or other harmful components. Provider has no responsibility and assumes no liability fo r
any such acts or occurrences. Customer expressly assumes the risks inherent in connecting Customer’s internal network and
equipment to the Internet and in accessing and using the Internet through the Internet Access Services.
1.3 IP Addresses. Any IP addresses provided to Customer by Provider in connection with the Internet Access Services are and
will remain the property of Provider. Customer will not alter, modify, sell, lease, assign, encumber or otherwise tamper wit h the
IP addresses. Provider reserves the right to change addressing schemes at any time.
1.4 Business Class Internet Service. If Customer receives Business Class Internet (“BCI”) Service from Provider, Customer
expressly acknowledges and agree that BCI is an “up to” bandwidth Service, with the bandwidth sp ecified in Customer’s Agreement
being the maximum possible bandwidth. Customer expressly understands and agrees that the actual bandwidth Customer
experiences at any time will vary based on numerous factors, such as the type and configuration of Customer’s internal network
equipment, the number of devices simultaneously using the BCI Service, the amount of traffic Provider’s network is then -
experiencing, and other similar factors. Additionally, Customer understands and agrees that while BCI Service is a f iber-based
Service, Provider’s SLA for lit fiber services does not apply to BCI Service. Instead, BCI Service is a “best efforts” Service for which
no SLA remedies are available. While Provider will use commercially reasonable efforts to ensure that BCI Service is available to
Customer twenty-four (24) hours per day, seven (7) days per week, it is possible that there will be interruptions (e.g., outages) or
periods of degradation (e.g., slow transmission) in the BCI Service. While Provider will use comme rcially reasonable efforts to
correct any such interruptions or degradations in a timely manner, Customer expressly acknowledges and agrees that neither
service credits nor chronic outage remedies are available to Customer in connection with problems invol ving BCI Service.
Temporary interruptions in or degradation of the BCI Service do not constitute failures on the part of Provider to fulfill it s
obligations under the Agreement.
1.5 Business Wi-Fi Service. If Customer receives business Wi-Fi Service (“Business Wi-Fi Service”) from Provider in connection
with Customer’s Internet Access Service, Customer expressly acknowledges and agrees that Business Wi -Fi Service is intended to
be used only by Customer’s own personnel; it is not intended to function as a guest Wi-Fi network for temporary guests of
Customer’s premises such as patrons at a restaurant or patients at a medical office. As a part of the Business Wi-Fi Service, Provider
will install up to five (5) ceiling or wall-mounted wireless devices within Customer’s premises. Customer is responsible for
performing any internal wiring work needed in order for Provider to connect Customer’s internal network to the Wi -Fi devices.
The wireless Wi-Fi devices are and shall at all times remain Provider’s Equipment. Due to the nature of Wi-Fi technology, each
wireless Wi-Fi device inherently has a limited range. Physical obstacles that may be present in Customer’s environment, such as
walls, doors, cubicles and other objects may reduce that range. Accordingly, speeds are not guaranteed, and the actual
performance of the Business Wi-Fi Service that Customer experiences may vary in different portions of Customer’s premises, as
well as at different times during the day, depending on the number of devices simultan eously using Business Wi-Fi Service, the
amount of data being transmitted over Customer’s network, and so forth. Customer expressly understands and agrees that no
SLA applies to the Business Wi-Fi Service, even if an SLA does apply to the underlying Inter net Access Service Customer receives
February 17, 2026 J - 44
Services Addendum pg. 3
Astound Business Solutions, LLC 06/02/2025
from Provider. Provider will perform the initial configuration of Business Wi-Fi Service at the time of installation at Customer’s
location, after which Customer will be responsible for managing the Business Wi-Fi Service just as Customer is responsible for
managing any other aspect of its internal network. If Customer subsequently requires assistance from Provider with network
management activities (such as resetting the password for its business Wi-Fi network), Provider may charge Customer for such
assistance at Provider’s then-standard rates for same.
1.6 DDoS Protection Service. If Customer receives DDoS protection Service (“DDOS Protection Service”) from Provider in
connection with Internet Access Service, Customer expressly agrees and understands that the DDoS Protection Service does not
guarantee that the Internet Access Service for which the DDoS Protection Service is activated will never be susceptible to or
negatively impacted by any distributed denial of service attack or any other type of hostile hacking activity. Instead, the DDoS
Protection Service constitutes only one measure of protection against such activities. Provider shall not be liable for any damages
or harm of any type or kind that may be suffered by Customer or any of its end-users due to any DDoS attacks or other hostile
hacking activity experienced by the Internet Access Service that the DDoS protection Service does not successfully prevent,
alleviate or ameliorate.
1.7 Wireless Internet Backup. If Customer receives wireless internet backup Service (“WIB Service”) from Provider in
connection with Customer’s primary, wired Internet Access Service, the provisions of this Section 1.7 apply to the provision and
use of the WIB Service.
(a) Intended Function. Customer expressly agrees and acknowledges that WIB Service is not intended to function
as Customer’s primary means of accessing the Internet. Instead, WIB Service is designed to provide Customer with a temporary ,
back-up, fail-over method of accessing the Internet using the cellular data network in the event that Customer’s primary, wired
Internet access connection is temporarily interrupted, disrupted or otherwise fails. WIB Service begins to function when
Customer’s router detects problems with Customer’s primary, wired Internet access connection. Once Customer’s primary, wired
Internet access connection is again transmitting data properly, WIB Service automatically deactivates.
(b) Cost Structure & Data Caps. Because WIB Service uses cellular network wireless data transmission to function, a
monthly base data allotment is included in the base price of the WIB Service. If Customer purchases a WIB Service plan that
allows Customer to exceed its monthly base data allotment, then Customer expressly understands and agrees that if its data
usage in any given month exceeds the base data allotment, Customer will incur charges for data use overages at the rate
specified in the applicable Service Order. Customer will not receive any alert or other notification if its monthly base data
allotment is exceeded and Customer begins to incur data use overage charges. Additionally, if Customer’s WIB Service plan
involves a maximum monthly data cap, Customer understands and agrees that once its maximum monthly data cap has been
reached, its WIB Service will cease transmitting data and will no longer function until the beginning of the next billing per iod, at
which time Customer’s data allotment will automatically re-set.
(c) Performance Is Not Guaranteed. Customer expressly understands and agrees that while WIB Service provides a
fail-over, back-up solution to temporary disruption of Customer’s primary, wired Internet access connection, Provider does not
guarantee WIB Service will function as intended o r represent that WIB Service is fail-safe or error-free, and Customer further
acknowledges and agrees that WIB Service should not be relied upon in situations where error -free or uninterrupted service is
essential. The SLA (if any) that applies to the pri mary, wired Internet Access Service Customer receives from Provider does not
apply to WIB Service. Provider will not be responsible for, and Customer expressly assumes all risk of, any losses or damage s arising
as a result of the failure of WIB Service to function as expected.
1.8 Custom Wi-Fi. If Customer receives Custom Wi-Fi Service (“CWF Service”) from Provider, the provisions of this Section 1.8
apply to the CWF Service.
(a) Prerequisite Services. As a prerequisite to receive CWF Service, Customer must receive from Provider, at the
same Service Site, Dedicated Internet Access or (if approved by Provider) another type of Internet Access Service that Provid er
determines to be compatible with CWF Service. Customer acknowledges that without the underl ying Internet access Service, CWF
Service will not function.
February 17, 2026 J - 45
Services Addendum pg. 4
Astound Business Solutions, LLC 06/02/2025
(b) Separate Functionality from Internet Access Service. Customer acknowledges that the underlying Internet Access
Service provided by Provider and the CWF Service are complementary but separat e from each-other, and that the proper function
of the Internet Access Service does not guarantee the proper function of CWF Service.
(c) Performance Is Not Guaranteed; No SLA. Provider does not guarantee CWF Service will function as intended or
represent that CWF Service is fail-safe or error-free, and Customer acknowledges that CWF Service should not be relied upon in
situations where error-free or uninterrupted service is essential. The SLA (if any) that applies to the primary underlying Internet
Access Service Customer receives from Provider with the CWF Service does not apply to CWF Service. Provider will not be
responsible for, and Customer expressly assumes all risk of, any losses or damages arising as a result of the failure of CWF Service
to function as expected.
(d) Hardware Used to Provide CWF Service. Customer acknowledges that in order to provide CWF Service, Provider
must deploy, install, and maintain certain hardware in and on Customer’s location(s) where the CWF Service is provided (the “CWF
Hardware”). Customer agrees to cooperate reasonably with Provider (at Customer’s expense) in Provider’s deployment,
installation, and maintenance of the CWF Hardware, and Customer acknowledges that if it fails to do so, Provider will not be liable
to Customer for any related outage, failure, degradation or interruption in or to the CWF Service resulting from problems with t he
CWF Hardware. Further, Customer acknowledges that upon termination of the CWF Service (regardless of the reason), Provider
shall have the right to remove the CWF Hardware from the location(s) where it is installed, and Customer agrees to (i) make the
applicable location(s) available to Provider for that purpose, and (ii) cooperate reasonably (at Customer’s own expense) with
efforts by Provider to remove the CWF Hardware. Unless Provider has expressly agreed with Customer in writing to the contrary,
title in and to the CWF Hardware will remain at all times with Provider, and Customer is prohibited from selling, transferrin g,
conveying, removing, or otherwise in any way tampering or interfering with the CWF Hardware, and from attempting or permitting
others to do any of the foregoing.
ARTICLE 2 – BURSTABLE SERVICE PROVISIONS
If Customer receives burstable Internet Access Services or burstable data transport Services (“Burstable Services”) from Provider,
then, in addition to the provisions of the applicable Agreement, Customer’s use of the Burstable Services is also subject to the
terms and conditions of this Article 2. Burstable Service allows Customer to increase from the selected base bandwidth up to the
specified maximum burstable bandwidth on an as-needed basis when usage spikes. Charges for Burstable Service will be calculated
by using the industry standard 95th percentile. The 95th percentile measurement evaluates the regular and sustained use of a
network connection and is measured by sampling usage at 5-minute intervals and ignoring the top 5% of usage samples taken over
a month. The 95th percentile measure of peak bandwidth will then be compared to the base bandwidth and the incremental usage
will be billed at the burst rate in arrears on a monthly basis. Charges for Burstable Service will be measured, calculated and accrued
on a monthly basis, and billed in arrears on a monthly basis.
ARTICLE 3 – ADVANCED SECURITY WITH SD-WAN AND/OR BUSINESS SWITCH SERVICES PROVISIONS
If Customer receives Advanced Security with SD-WAN and/or Business Switch Services (“Advanced Security Services”) from
Provider, then, in addition to the provisions of the applicable Agreement, Customer’s use of the Advanced Security Services is also
subject to the terms and conditions of this Article 3:
3.1 Underlying Internet Connection Required. Customer acknowledges and agrees that the Advanced Security Services are
cloud-hosted Services that require an underlying Internet connection in order to function. The underlying Internet connection
does not need to be provided by Provider; it may be provided by any Internet access provider. However, the Advanced Securit y
Services will not function if Customer does not have an active connection to the Internet.
3.2 Use of Customer Information to Configure Service. In order to configure Advanced Security Services, Provider must upload
certain Customer-provided information regarding Customer’s network configuration (e.g., Customer’s company name, service site
address(es), circuit IDs, etc.) to the cloud-hosted portal through which the Advanced Security Services will be configured and
February 17, 2026 J - 46
Services Addendum pg. 5
Astound Business Solutions, LLC 06/02/2025
managed. By ordering Advanced Security Services from Provider, Customer is authorizing Provider to use information supplied by
Customer to establish and configure Customer’s account on the cloud -hosted portal.
3.3 Ownership of Equipment. The hardware installed by Provider at Customer’s Service Site in connection with Advanced
Security Services is and shall at all times remain the personal property of Provider. Provider shall be responsible for the regular
maintenance and repair of all such equipment. Should Customer experience problems with the equipment, Customer must contact
Provider, and Provider will use commercially reasonable efforts to repair or replace the malfunctioning equipment as soon as
possible after receiving Customer’s notification. Provider shall have the right at any time, and from time to time, during the term
of the applicable Agreement to substitute different equipment for some or all of the equipment initially installed at Custome r’s
Service Site; provided that the substituted equipment has equivalent or better functionality than the previously installed
equipment. Should any equipment require repair or replacement due to Customer’s negligent or willful conduct, including the
misuse or abuse of same, Customer shall reimburse Provider for the costs of such repair or replacement.
3.4 No Intellectual Property Rights. By using Provider’s Advanced Security Services, Customer will not acquire any rights of,
in, or to ownership of copyrights, patents, tra de secrets, trademarks or any other intellectual property rights in or to the Advanced
Security Services products, hardware, firmware, software, or the output from the online cloud -hosted portal, all of which are and
shall at all times remain owned by Provider or its vendors and suppliers, as applicable. Provider or its vendors and suppliers, as
applicable, will retain exclusive ownership in all deliverables created hereunder and will own all intellectual property righ ts, title
and interest in any ideas, concepts, know how, documentation or techniques developed in connection with the Advanced Security
Services.
3.5 No Cyber Security or Network Consulting Services. Provider does not provide cyber security consulting, network security
consulting, network management consulting, or any other similar type of professional services. Customer understands and agre es
that Provider has not provided Customer with and will not in the future provide Customer with any recommendations, guidance,
or advice regarding Customer’s use of Advanced Security Services to configure, optimize, monitor, and/or protect Customer’s
network. Instead, Customer is at all times fully and solely responsible for configuring, optimizing, monitoring and prot ecting
Customer’s network using the Advanced Security Services provided by Provider as well as any other lawful means Customer, in its
sole discretion and independent judgment, deems necessary or appropriate for that purpose. Should Customer, at any time, ask
Provider personnel to modify or alter the configuration of Provider’s Advanced Security Services, Customer acknowledges that
Provider personnel will not independently assess the advisability of Customer’s requested changes. In stead, Provider’s only
obligation in such situation is to make the specific modifications or alterations requested by Customer.
3.6 Cyber Security Disclaimer. Use of Provider’s Advanced Security Services does not guarantee that Customer’s network will
never be susceptible to or negatively impacted by any cyber security threats or hostile hacking activity (e.g., viruses, malw are,
denial of service attacks, ransomware, cryptojacking, phishing, SQL injection, man in the middle attacks, etc.). In stead, the
Advanced Security Services constitute only one measure of protection available for use by Customer to protect against such
activities. PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES OR HARM OF ANY TYPE THAT MAY BE SUFFERED BY CUSTOMER
OR ANY OF ITS EMPLOYEES, CONTRACTORS, AGENTS, BUSINESS PARTNERS, CUSTOMERS, OR END -USERS DUE TO ANY CYBER
SECURITY BREACHES OR OTHER HOSTILE HACKING ACTIVITY THAT THE ADVANCED SECURITY SERVICES DO NOT SUCCESSFULLY
PREVENT, ALLEVIATE OR AMELIORATE.
ARTICLE 4 – PHONE SERVICE PROVISIONS
If Customer receives Phone Services (including Hosted Voice Services) (“Phone Services”) from Provider, then, in addition to the
provisions of the applicable Agreement, Customer’s use of Phone Services is also sub ject to the terms and conditions of this
Article 4:
4.1 VoIP Services. Provider’s Phone Services are provided via Internet Protocol voice network (aka “VoIP”). VoIP services
operate using the standard commercial electrical power provided to Customer’s S ervice Site. Provider does not provide a back-up
generator, UPS, or other alternate power source for the Phone Services; accordingly, in the event of a power outage at Custom er’s
Service Site, unless Customer has arranged for back -up power, the VoIP services will be unavailable until electrical service is
restored. Customer acknowledges and agrees that the VoIP services are not represented as fail -safe and are not designed for use
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in situations where error-free or uninterrupted service is essential. Provider will not be responsible for, and Customer expressly
assumes all risk of, any losses or damages arising as a result of the unavailability of the VoIP services, including the inab ility to reach
911 or other emergency services, and the inability to contact Customer’s security system, fire alarm system, or any remote
monitoring service.
4.2 Underlying Internet Connection Required; Use of Third-Party ISP. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT
VOIP SERVICES REQUIRE AN UNDERLYING INTERNET CONNECTION IN ORDER TO FUNCTION. THE UNDERLYING INTERNET
CONNECTION DOES NOT NEED TO BE PROVIDED BY PROVIDER; IT MAY BE PROVIDED BY ANY INTERNET ACCESS PROVIDER.
HOWEVER, IF CUSTOMER RECEIVES ITS UNDERLYING INTERNET CONNECTION FROM A THIRD-PARTY, CUSTOMER UNDERSTANDS
AND AGREES THAT PROVIDER WILL HAVE NO VISIBILITY INTO NOR ANY RESPONSIBILITY FOR THE PERFORMANCE OF THAT
UNDERLYING INTERNET CONNECTION. INSTEAD, CUSTOMER MUST LOOK SOLELY TO ITS THIRD-PARTY INTERNET SERVICE
PROVIDER WITH RESPECT TO ANY PERFORMANCE ISSUES OR OUTAGES IN INTERNET ACCESS SERVICES. ALTHOUGH PROVIDER’S
VOIP SERVICES WILL NOT WORK IF THE UNDERLYING INTERNET ACCESS CONNECTION IS NOT FUNCTIONING CORRECTLY, IF
CUSTOMER ELECTS TO USE A THIRD-PARTY INTERNET ACCESS PROVIDER IN CONNECTION WITH PROVID ER’S VOIP SERVICES,
CUSTOMER EXPRESSLY ASSUMES THE RISK OF USING A THIRD-PARTY INTERNET ACCESS PROVIDER AND AGREES THAT
CUSTOMER SHALL REMAIN FULLY LIABLE TO PAY PROVIDER FOR PROVIDER’S VOIP SERVICES NOTWITHSTANDING ANY
OUTAGES OR OTHER PERFORMANCE ISSUES CUSTOMER MAY EXPERIENCE WITH ITS THIRD-PARTY INTERNET ACCESS SERVICE.
4.3 Important Notice Regarding E911 Service. Federal Communications Commission rules require providers of VoIP Phone
Services to remind customers of these important E911 facts: (a) Provider needs a complete and correct Service Site address in
order to deliver accurate location information to E911; (b) If Customer moves its VoIP phone equipment to a different physical
address, Customer must notify Provider immediately and update the location information, otherwise E911 will not have
Customer’s correct location information on file; (c) VoIP services operate using the standard electrical power provided to the
Service Site, so unless Customer has arranged for a back-up power supply, the Phone Service will be unavailable during a power
outage (however caused); (d) Customer may not be able to make E911 calls if there is a power outage, network outage or other
technical problems, or if Customer’s Phone Service is terminated or suspended.
4.4 Other Providers. Unless otherwise expressly agreed to in writing with Customer, Provider has no obligation or
responsibility to Customer to arrange for termination or removal of telecommunications services provided by long distance
providers. Instead, Customer is and remains responsible for terminating and removing any such unwanted services and circuits
provided by other long distance providers. Customer understands that it may designate only one primary interexchange carrier
for any one telephone number for state-to-state (interLATA), intrastate and international usage.
4.5 Long Distance Charges. Any long distance rates listed in the applicable Agreement are the rates as of the effective date
of that Agreement and may not reflect the actual rates appl icable at any given time during the term of the Agreement. All long
distance charges are exclusive of applicable taxes, and Provider may add or adjust rates and charges in order to recover amou nts
it is required or permitted by governmental or quasi-governmental authorities to collect from or pay to others in support of
statutory or regulatory programs (“Governmental Charges”), plus amounts necessary for Provider to recover reasonable
administrative costs associated with such Governmental Charges.
4.6 International Calling Charges. The rates listed in the applicable Agreement do not include charges for international calls.
Provider will pass through to Customer all charges for any international calls made via the Phone Services.
4.7 CPNI. Provider will have access to certain proprietary network information of Customer (“CPNI”). Under federal law,
Customer has a right, and Provider has a duty, to protect the confidentiality of CPNI. CPNI may be useful to tailor services to
Customer and to enhance Provider’s ability to meet Customer’s needs. Customer expressly authorizes Provider, its Affiliates,
and/or its sales representatives to use CPNI to determine if Customer could benefit from other Services available from Provid er
and its Affiliates, and market those Services to Customer. Customer may withdraw its authorization for this use of its CPNI by
Provider at any time by informing Provider in writing. Any such withdrawal will not affect the quality of the Services provi ded to
Customer.
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ARTICLE 5 – HOSTED VOICE SERVICE PROVISIONS
If Customer receives hosted voice Services (“Hosted Voice Services”) from Provider, then, in addition to the provisions of the
applicable Agreement and the provisions regarding Phone Service set forth in Article 4 above, Customer’s use of the Hosted Voice
Services is also subject to the terms and conditions of this Article 5:
5.1 Leased Hosted Voice Equipment. If Customer is leasing hosted voice equipment (the “Leased Equipment”) from Provider,
then the Leased Equipment shall at all times be and remain the personal property of Provider. Provider shall be responsible for
the regular maintenance and repair of all Leased Equipment. Should Customer experience problems with any of the Leased
Equipment, Customer must contact Provider, and Provider will use commercially reasonable efforts to repair or replace the
malfunctioning Leased Equipment as soon as reasonably possible after receiving Customer’s notification. For Leased Equipment ,
Provider shall have the right at any time, and from time to time, during the Service Term to substitute different hosted voice
equipment for some or all of the Leased Equipment initially installed at Customer’s Service Site; provided that the substitut ed
Leased Equipment has equivalent or better functionality than the previously installed Leased Equipment. Should any Leased
Equipment require repair or replacement due to Customer’s negligent or willful conduct, including the misuse or abuse of same ,
Customer shall reimburse Provider for the costs of such repair or replacement.
5.2 Purchased Hosted Voice Equipment. If Customer has purchased hosted voice equipment (the “Purchased Equipment”)
through or from Provider, then upon Customer’s acceptance of the Purchased Equipment, the Purchased Equipment shal l be and
remain Customer’s personal property. As between Provider and Customer, Customer shall be solely responsible for the repair a nd
maintenance of all Purchased Equipment and any and all obligations and liabilities associated therewith. CUSTOMER
ACKNOWLEDGES THAT THE PURCHASED EQUIPMENT IS NOT MANUFACTURED BY PROVIDER AND THAT PROVIDER DOES NOT
SUPPORT AND SHALL HAVE NO MAINTENANCE OR REPAIR OBLIGATIONS OR OTHER LIABILITY REGARDING SAME. PROVIDER
WILL EITHER DELIVER THE MANUFACTURER’S WARRANTY FOR THE PURCHASED EQUIPMENT DIRECTLY TO CUSTOMER OR PASS
THE MANUFACTURER’S WARRANTY THROUGH TO CUSTOMER AS-IS, DEPENDING ON THE APPLICABLE MANUFACTURER’S POLICY.
PROVIDER HEREBY ASSIGNS TO CUSTOMER ALL OF THE MANUFACTURERS’ WARRANTIES AND INDEMNITIES RELATING TO THE
PURCHASED EQUIPMENT TO THE EXTENT PROVIDER IS PERMITTED BY THE MANUFACTURER TO MAKE SUCH ASSIGNMENT. SUCH
ASSIGNMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS IMPOSED BY THE MANUFACTURER WITH RESPECT THERETO.
CUSTOMER’S REMEDY FOR DEFECTIVE PURCHASED EQUIPMENT SHALL BE AS SET FORTH IN THE APPLICABLE MANUFACTURER’S
WARRANTY, WHICH IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF AN EQUIPMENT WARRANTY. PROVIDER DOES
NOT EXTEND ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR
FITNESS FOR A PARTICULAR PURPOSE, TO CUSTOMER FOR ANY PURCHASED EQUIPMENT, AND PROVIDER SHALL NOT HAVE ANY
LIABILITY FOR ANY LOSS, DAMAGE, OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF (OR INABILITY TO USE) THE
PURCHASED EQUIPMENT. Any questions concerning or requests for maintenance or repair of the Purchased Equipment should be
directed to the manufacturer of the Purchased Equipment at issue. If Purchased Equipment impairs or prevents Customer’s acce ss
to or use of the Hosted Voice Services, Customer will remain liable for payment to Provider of the applicable Fees for the Hosted
Voice Services, including without limitation the MRC and any other Fees specified in the Agreement. If, at Customer’s reques t,
Provider attempts to resolve difficulties caused by Purchased Equipment, Customer will be responsible for payment of Provider’s
then-current commercial rates and terms for such consulting services on a time and materials basis.
5.3 Hosted Voice Software. Certain types of Hosted Voice Services, such as virtual seats, mobile clients, and video
conferencing solutions, require the installation of third-party software on Customer’s equipment. Additionally, both Leased
Equipment and Purchased Equipment may includ e a limited license to use certain third-party software and/or firmware provided
by the vendor or manufacturer of the Leased Equipment or Purchased Equipment. Any such software or firmware provided to
Customer in connection with Hosted Voice Services shall be collectively referred to as the “Hosted Voice Software.” Customer
expressly understands and agrees that, unless otherwise provided to the contrary in any written license agreement or other
documentation from the third-party vendor or manufacturer of the Hosted Voice Software, Customer may only use the Hosted
Voice Software for the purposes of using and operating the Leased Equipment or Purchased Equipment and receiving the Hosted
Voice Services pursuant to the applicable Agreement. Customer understands and agrees that each of the following is prohibited
with respect to the Hosted Voice Software: (a) copying the Hosted Voice Software or associated documentation, either in whole
or in part; (b) modifying, reverse compiling, reverse assembling or otherwise reverse engineering the Hosted Voice Software, either
in whole or in part, or attempting to do any of the foregoing; (c) sub-licensing, leasing, sub-leasing, selling or otherwise distributing
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the Hosted Voice Software, either in whole or in part, and whether or not for profit, to any third parties; and (d) creating derivative
works of, from, based on, using or incorporating all or any portion of the Hosted Voice Software.
5.4 Use of Specific Hosted Voice Features. Hosted Voice Services may include certain features that are enabled by “add-in”
software or service components. These features are intended to enhance the functionality of the Hosted Voice Services and to
provide Customer with additional convenience and collaboration tools. Examples of suc h features include, but are not limited to,
SMS messaging, voicemail transcription, voicemail recording and other similar functions, expressly including any additional “add-
in” feature enhancements that Provider may make available or incorporate into the H osted Voice Services in the future. Provider
has established its pricing for the Hosted Voice Services based on assumptions of normal business use of the Hosted Voice Ser vices
within the United States of America. Should Customer’s use of the Hosted Voice Services, including any of the “add-in” features
such as SMS messaging, significantly exceed normal business use, Provider reserves the right to disable the feature(s) at iss ue
and/or impose additional cost-recovery charges for Customer’s excessive use.
5.5 Installation of Hosted Voice Equipment. As a part of the Hosted Voice Services, Provider will install the hosted voice
equipment (whether such equipment is Leased Equipment or Purchased Equipment) at the Service Site specified in the applicable
Agreement. If Customer’s Service Site contains existing inside wiring, Provider will use Customer’s existing wiring for the
installation; provided, that Provider’s use of any existing wiring shall not constitute any type of representation, warranty or
guarantee to Customer that the existing wiring is in good condition and/or free from defects and/or otherwise suitable for such
use. If Customer’s Service Site does not contain the necessary inside wiring (as determined by Provider in Provider’s commer cially
reasonable judgment), Provider will so notify Customer, and Customer may elect to install the necessary wiring itself or to request
that Provider install the necessary wiring on behalf of Customer. If Provider installs the wiring at Customer’s request, suc h work
shall be performed on a time and materials basis, with the wiring to become Customer’s personal property upon Customer’s
acceptance of the Service. If, during the installation process, Provider discovers or uncovers any hazardous materials or su bstances
at Customer’s Service Site: (a) Provider shall have the option to cease work at the Service Site immediately and terminate
Customer’s Agreement for Hosted Voice Services, without any liability for or obligation to remove or remediate the hazardous
materials so discovered; and (b) Customer shall indemnify, defend and hold Provider harmless from and against any and all claims,
costs, damages and expenses incurred by Provider in connection with or as a result of the pre -existing hazardous materials,
including attorneys’ and experts’ fees and costs as well as the costs of any environmental assessment or remediation work that
may be performed at the Service Site.
5.6 “Bring-Your-Own-Device” Provisions. For certain models and types of devices, Provider has the ability to attempt to
connect devices that Customer already owns (the “Customer Devices”) to Provider’s Hosted Voice Services, which eliminates the
need for Customer to lease or purchase from Provider some or all of the devices necessary to access and use the Hosted Voice
Services. If Customer elects to use its own Customer Devices with Provider’s Hosted Voice Services, Customer expressly agrees to
the following provisions: (a) Customer must supply the passwords for the Customer Devices to Provider if Provider so requests,
otherwise the devices may not be usable with Provider’s network; (b) the process of connecting the Customer Devices to Provider’s
network may involve re-setting the Customer Devices to their factory defaults, which will delete all information previously stored
on the Customer Devices, including contact lists, speed dial numbers, as well as the configurations established for connectiv ity to
Customer’s previous hosted voice solution; (c) it is possible that attempting to connect the Customer Devices to Provider’s network
could render one or more of the Customer Devices unusable, requiring a firmware re -flash. In such event, Provider will have no
responsibility or liability for repairing or replacing the Customer Device(s) at issue. Inste ad, Customer expressly assumes the risk
inherent in attempting to attach the Customer Devices to Provider’s hosted voice network; and (d) Provider will be unable to
provide support and troubleshooting for Customer Devices after implementation. Provider wi ll be able to troubleshoot problems
with Provider’s network, but if the network is functioning properly and there are technical problems with any of the Customer
Devices, Customer must seek equipment support from the manufacturer or original vendor of the relevant Customer Devices or
other Customer-supplied equipment.
5.7 “Ascend” Voice Service Provisions. Astound’s Ascend hosted voice Services (the “Ascend Voice Services”) are provided
in part through and by a third-party provider called Intermedia (“Intermedia”). Customer’s use of the Ascend Voice Services is
subject to the additional terms and conditions set forth in this Section 5.7. By ordering, receiving and using the Ascend Voice
Services, Customer accepts and agrees to these additional terms and conditions.
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(a) Ascend Voice Services Product Schedule. This Subsection 5.7(a) constitutes the Ascend Voice Product Schedule
(the “Schedule”). This Schedule includes the terms and conditions governing direct-dialed Voice over IP ("VoIP") calling (including
as part of Provider’s Unified Communications offering and Cloud PBX product) and certain calling and call management features
or advanced features, including additional features or advanced features which may be offered at additional costs, and which
Provider, in its sole discretion, may add, modify, or delete from time to time and other services. Capitalized terms not defined in
this Schedule shall have the same meaning as set forth in the Agreement. If a capitalized term used in this Schedule has a meaning
in this Schedule that is different from the meaning used elsewhere in the Agreement, the definition in this Schedule will con trol
for purposes of this Schedule only. In the event of a conflict or inconsistency between the terms of the Agreement an d the terms
of this Schedule, this Schedule shall supersede and govern.
(i) Definitions. For the purposes of this Schedule, the following definitions apply:
“Access Information” means information that, alone or together with other information, can provide access to any portion
of Customer’s Account, including but not limited to Customer’s Account number, login names, passwords, payment card
or other financial information, security questions and their respective answers, and any other similar information. For the
avoidance of doubt, Customer’s Access Information will include any similar information for each of Customer’s Users.
“Account” means the account created with Provider in connection with this Schedule that relates to Customer’s purchase
or subscription to and use of Services by Customer and Customer’s Users.
“Agent” means a party designated by Provider to provide contract, billing and support services to Customer on behalf of
Provider. This term includes suppliers engaged by Provider to perform any part of the Services.
“CPE” means Customer premises equipment.
“Data” means all data submitted by Customer’s Users to Provider in connection with the Services, including all content,
material, IP and similar addresses, voice calls, fax calls, software, messages and account information and settings.
“Provider Parties” means Provider’s officers, employees, agents and representatives; Provider’s affiliates (including
parents and subsidiaries), suppliers, licensors and partners; and their respective offic ers, employees, agents and
representatives.
“Services” means the voice communications services sold by Provider, such as direct-dialed Voice over IP (“VoIP”)
calling/Cloud PBX service, fax, conference bridge and certain other calling and call management f eatures or advanced
features. The “Services” also include the voice communications services (e.g., VoIP calling, Cloud PBX, etc.) and the chat
(i.e., instant messaging) functionality delivered as part of Provider’s Unified Communications offering. Howeve r, for
purposes of clarification, for purposes of this Schedule, the term “Services” does not include (a) Provider’s SIP Trunking
service, or (b) Provider’s Online Meeting video conferencing or ShareSync backup and file sharing services that are
delivered as part of Provider’s Unified Communications offering.
“Third-Party Service” means any service or product received by Customer from a party that is not Provider.
“User” means any of Customer’s employees, consultants, independent contractors, or other r epresentatives in any
capacity to whom Customer grants permission to access the Services in accordance with Provider’s entitlement
procedures. If Customer is purchasing Services under a user-based licensing model, Users may not be "shared" or used by
more than one named individual (other than the administrative account that may be used by an appropriate number of
individuals required to administer the use of Services within Customer’s organization). If Customer is purchasing Services
under a subscription-based licensing model, subscription licenses may not be "shared" or used by more than one named
individual at any given time. However, a single subscription user license may be reassigned from one User to a different
User, by removing the subscription license from the first User and assigning it to another registered User.
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(ii) AI Features. Some options available with the Services incorporate or otherwise use artificial intelligence
(“AI”) features and/or technology. AI-based technology is subject to a number of risks that users should fully understand and
consider before activating or using any AI-based features or services. Provider has made available an Artificial Intelligence Policy
and Notifications document (the “AI Policy”, available at www.serverdata.net/legal), which describes many of those risks. The
terms of the AI Policy, as it may be amended and updated from time to time, are hereby incorporated by reference into, and ma de
a part of, this Schedule (including, without limitation, Section 3 of the AI Policy, which identifies specific AI -based services and
features that may be incorporated or otherwise used by the Services described in this Schedule).
(iii) Service and Account.
(A) Services. The Services include certain calling and call management features or advanced
features, which may be offered at additional costs, and which Provider may, in its sole discretion, add, modify, or delete fr om time
to time. All real-time voice communications services and facsimile services must originate in the country of the applicable user’s
registered Service address (as approved by, and reflected in, Provider’s records) (the “Registered Service Location”). Provider may
block all call traffic that does not originate from an IP Address within the applicable Registered Service Location, as determined by
Provider in its sole discretion. In addition, any call placed through the Services will be classified and charged (for examp le, as local,
international or other type of call) based on the applicable Registered Service Location (and not the actual location from which the
applicable call is placed). Failure by Provider to block such services that originate outside of the applicable Registered S ervice
Location does not constitute approval by Provider (or any of its Affiliates) for Customer to use the Services from such points of
origin. The Services do not support operator-assisted calls, including but not limited to any and all types of collect calls. In addition,
the Services do not support (a) premium rate entertainment phone numbers of any type (such as 900 numbers in North America)
or (b) 10-10 dialing. Customer acknowledges that any failure of attempted calls to premium rate entertainment numbers (such as
900 numbers), operator-assisted calls, or 10-10 calls does not constitute failure on the part of Provider to fulfill its obligations
under the Agreement and is not grounds for any other form of liability on the part of Provider or any Provider Party or Affiliate of
Provider, or for termination of the Services by Customer for Provider Default.
(B) Limitations on CPE. The Services do not support point-of-sale devices (i.e., credit card
machines) or alarm systems. In addition, please refer to Subsection 5.7(a)(iii)(J) and Subsection 5.7(a)(iii)(K) of this Schedule for
limitations regarding certain fax devices and compatibility with the traditional telephony network.
(C) Service and CPE Change Orders. Customer is responsible for all charges associated with change
requests including new CPE and new Services in addition to those specified on the original Service Order for the Services. S uch
change requests may be submitted via email to Provider ‘s Account Manager assigned to Customer and are deemed to be
Customer’s responsibility.
(D) Import of Customer’s Phone Numbers. Customer is solely responsible for importing into
Customer’s Provider account any Customer phone numbers that Customer desires to use in connection with the Services, and
Customer is responsible for assigning such numbers as part of the configuration and use of the Services. It is solely Customer’s
responsibility to ensure that Customer’s phone numbers are properly imported and assigned in Customer’s Provider account, and
Customer acknowledges and agrees that neither Provider nor any of the Provider Parties will be liable for any losses or damages
of any kind that may be incurred as a result of (i) Customer’s failure to properly import or assign such phone numbers in Cus tomer’s
Provider account or (ii) Customer’s failure to successfully export phone numbers after the termination of the Services by either
party for any reason.
(E) Number Portability. Availability and use of local and toll-free number portability, for porting
an existing telephone number to Provider, is subject to Provider’s policies, as modified from time to time. If number portability is
available from Provider and Customer opts to transfer Customer’s existing number, Customer authorizes Provider to (a) process
Customer’s order for porting the Service, (b) notify Customer’s current service provider of Customer’s decision to switch
Customer’s services to Provider, and (c) transfer Customer’s telephone number, and Customer represents to Provider that it is
authorized to take these actions. Customer may be required to complete a letter of authorization, provide Provider with a copy
of Customer’s most recent bill from Customer’s service provider, as well as provide Provider with any other information requi red
by Customer’s service provider to port Customer’s number. Failure to provide any information requested by Provider or the third-
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party service provider will delay the porting of the number to Provider. Provider shall not be responsible or have any liabi lity
whatsoever to Customer for any delay or failure in the porting of Customer’s number or for any outages with Customer’s service
provider prior to the successful completion of Customer’s number port to Provider. Expedites are not available. Provider ha s the
right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number.
(F) Changes to Local Number Port Orders. If a Firm Order Commit (FOC) date for a local port order
is canceled or changed by Customer or Customer’s Agent/representative (a) more than three (3) business days before the agreed -
to date, or (b) within three (3) business days prior to the agreed-to date, then in either case, Provider may invoice Customer for an
appropriate Fee (which is subject to change from time to time) per telephone number. If Customer requires a reversion to prior
service on the day of the port or within twenty -four (24) hours of the port occurring on the FOC date, Provider may invoice
Customer for an additional Fee (which is subject to change from time to time) per telephone number. Customer acknowledges
that Provider cannot guarantee that immediate service reversion for local numbers is even possible or available. Fees invoic ed to
Customer as set out above in this Section are non -refundable.
(G) Changes to Toll-Free Port Orders. Changes to toll-free port orders are not supported once
submitted. Cancellations of toll-free porting orders are exclusively the responsibility of Customer or Customer’s
Agent/representative to arrange with the current service provider.
(H) Relationship with Intermedia. Customer acknowledges and agrees that Customer has no direct
relationship with Intermedia. Instead, Customer’s direct relationship is with Provider. However, Customer acknowledges and
agrees that (a) in some circumstances, Intermedia may provide escalated support services to Customer in connection with the
Services, (b) actions by Intermedia shall be deemed to be the actions of Provider with respect to those aspects of the relationship
under this Schedule, and (c) Customer consents to the disclosure of Data to Intermedia for the purposes of providing and
supporting the Services and the collection of Data by Intermedia for the purposes of providing and supporting the Services. For
the avoidance of doubt, if Customer fails to respond to Intermedia when Intermedia is acting on behalf of Provider under this
Schedule and for purposes of Provider’s provision of the Services, Customer shall be deemed to be in breach of this Schedule and
in Default of the Agreement.
(I) Local Numbers. For the Services, Customer represents and warrants that all traffic delivered
to Customer under this Schedule that has originated in the same local calling area in which Customer’s local number (i.e., NP A-
NXX) is assigned, and/or in which such traffic is terminated to Customer, is local traffic and is legally entitled to be treated as local
traffic under all applicable federal, state and local laws, administrative and regulatory requirements and any other authorit ies
having jurisdiction over such traffic. Customer understands and acknowledges that Provider will rely upon this representation to
assign local telephone numbers to Customer and/or route Customer’s traffic for termination as local calling.
(J) Incompatibility with Traditional Telephony Network. In the event that Customer’s business
requires the use of equipment designed to transmit or receive data over traditional telephony networks (collectively, “Transa ction
Processing Hardware”), Customer acknowledges and understands that not all Transaction Processing Hardware or related
application providers, such as banks or credit card processing companies, supports the use of VoIP services. Although adequat e
service may be achieved in many cases, Provider does not recommend or support Customer’s use of Transaction Processing
Hardware with the Services, and if Customer opts to use Transaction Processing Hardware with the Services, (a) Customer does so
at Customer’s sole risk, and (b) Provider will have no liability whatsoever to Customer for or in relation to such use by Customer.
(K) Incompatibility with Certain Facsimile Devices. Fax adapters acquired from or through Provider
provide a port for connection to facsimile devices (“Fax Devices”). However, Customer acknowledges and understands that in
some cases, a Fax Device’s configuration may need to be modified by Customer to optimize its performance with VoIP. Customer
further acknowledges and understands that some Fax Devices and some broadband data connections provided by some Internet
Service Providers (“ISPs”) may not be capable of delivering satisfactory fax operation with VoIP. Some older Fax Devices are
incompatible due to delay sensitivity, and therefore Provider recommends the use of Fax Devices that are no older than two (2)
years. Some ISP services deliver inadequate quality of service to allow for reliable fax transmission. Provider recommends that
Customer always check with Customer’s Fax Device manufacturer and ISP to determine their level of support for fax over VoIP. If
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Customer opts to use Fax Devices other than in accordance with the recommendations provide in this Section, (a) Customer does
so at Customer’s sole risk, and (b) Provider will have no liability whatsoever to Customer for or in relatio n to such use by Customer.
(L) Customer’s Network Security Obligations. Customer is responsible for implementing security
practices that conform with industry standards and best practices applicable to Customer’s business and industry sector
(additionally enhanced to support SIP-based VoIP applications and services). Customer is responsible for all fraudulent use of
Customer’s Services, regardless of how such use occurs. (See Subsection 5.7(a)(vi)(D)(3) of this Schedule.) CUSTOMER HEREBY
AGREES TO INDEMNIFY THE PROVIDER PARTIES AGAINST ANY RESPONSIBILITY OR LIABILITY ALLEGED BY ANY THIRD PARTY IN
ANY FORM FOR ANY AND ALL DAMAGES (INDIRECT, CONSEQUENTIAL OR OTHERWISE) THAT ARISE FROM CUSTOMER’S FAILURE
TO PROPERLY PROTECT ANY NETWORK.
(M) On-Site Requirements. Customer is responsible for all aspects of Customer’s working
environment and for access connectivity (Internet connectivity and local area network) with respect to any quality of service issues
to which these factors may contribute. Should Customer encounter material quality of service issues with the Services which are
not caused by these factors but rather are attributable to network or software provided by Provider, then Customer will so notify
its Provider Account Manager, and Provider will use commercially reasonable efforts to remedy those issues within thirty (30) days
of their being reported to Provider. Should Provider determine that a quality of service issue reported by Customer is the r esult
of Customer-provided access connectivity or of Customer’s working environment, then Provider will use commercially reasonable
efforts to provide information to Customer to support that determination. In such event, Customer will remain responsible (a t its
sole cost) for rectification of any issues with its access connectivity and/or working environment repair. Outages and/or disruptions
in Customer’s use of the Services caused by Customer-provided access connectivity or of Customer’s working environment do not
constitute failure on the part of Provider to fulfill its obligations under the Agreement and are not grounds for any other form of
liability on the part of Provider or any Provider Party or Affiliate of Provider, or for termination of the Services by Customer for
Provider Default.
(N) Directory Listing. Customer may request a directory Listing for any Local Numbers used in
connection with the Services, provided that Provider has the capability to provide directory listing services. Provider util izes a
Third-Party Service for directory listing; therefore, there is no guarantee that Provider will be able to list a specific number with
the third-party provider, and there is no guarantee as to the timeframe in which directory listing (if available) can be completed.
Provider does not support an option whereby the address is not published as part of the directory listing, as allowed by relevant
law. Further, where Customer chooses to not purchase or to discontinue Provider’s directory listing service (where available ),
Provider provides no assurance that any existing information in the various directory listing databases will be removed or revised.
If a directory listing is completed successfully, (a) Customer will be provided with a listing for each number in the electronic
database and White Pages book managed by the Local Exchange Carrier (“LEC”) or a third party working with such LEC in whose
area the local numbers originate; (b) via the above, most directory assistance providers will be able to look up the number w hen
they receive an inquiry; and (c) Yellow Page and other electronic database providers then may contract with the LEC to purchase
and list the number in their books, databases, etc., in each case strictly as an independent action from the directory listin g services
provided by Provider. Provider will not be responsible for any misprints, errors or omissions in a directory listing but will provide
reasonable, good faith assistance to correct any errors in the databases of Provider’s partner carriers and their LEC provide rs that
are identified by Customer. CUSTOMER HEREBY AGREES TO DEFEND, INDEMNIFY, AND HOLD THE PROVIDER PARTIES HARMLESS
FROM AND AGAINST ANY AND ALL CLAIMS FOR OR DEMANDS IN ANY FORM FOR EXPENSES (INCLUDING ATTORNEYS’ FEES)
AND/OR FOR ANY AND ALL DAMAGES OF ANY KIND (INDIRECT, CONSEQUENTIAL OR OTHERWISE) ARISING FROM A MISPRINT
OF CUSTOMER’S DIRECTORY INFORMATION.
(iv) Term and Termination. The term and termination provisions of the Agreement govern the provision of
the Ascend Voice Services, except as specifically superseded or supplemented by the terms of this Subsection 5.7(a)(iv).
(A) Porting Does Not Constitute Termination of Service. Customer will continue to be liable to
Provider for the Services until Customer terminates the relevant Services (or the applicable portion thereof) in the manner
permitted by the Agreement, even if Customer ports a telephone number from its Account.
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(B) Following Termination. Customer acknowledges that in the event of any Service termination
or cancellation pursuant to the applicable terms of the Agreement (whether by Provider or by Customer), all telephone numbers
associated with Customer’s Account for the Services may be immediately released and thereafter may not be available to Custom er
for porting to a new carrier or upon Service reactivation with Provider.
(v) Fees; Fair Use.
(A) Fees. The Fees for the Services are as set forth in the applicable Service Order(s) executed by
Provider and Customer. Provider reserves the right to charge a reactivation fee to renew Services for Accounts that have been
suspended by Provider for non-payment or terminated by Customer.
(B) Fair Use.
(1) Provider may offer calling plans that are described as including unlimited minutes of
use. Provider may also offer messaging plans that are described as including unlimited messages. Provider reserves the right to
review usage of any “unlimited” plans to ensure Fair Use and reserves the right, at any time, to take the actions noted in
Subsection 5.7(a)(v)(B)(4) below without notice to Customer. "Fair Use" means that (i) with respect to calling plans, the combined
number of outbound minutes plus local inbound minutes or (ii) with respect to messaging plans, the combined number of
outbound messages plus inbound messages, in either case does not substantially exceed, in Provider’s reasonable judgment, the
average use of all other Provider customers as measured on a per user basis. Usage and associated charges for excess usage w ill
be determined based solely upon Provider’s collected usage informa tion. Fair Use also prohibits any activities that result in
excessive usage, including but not limited to, auto-dialing, continuous or extensive call forwarding, telemarketing, message
blasting, fax broadcasting, fax blasting or transmitting broadcasts or recorded messages, or any activity that disrupts the activities
of Provider and/or other Provider customers (of the Services or otherwise).
(2) Fair Use assumes that, for any service packages or bundles that include outbound
calling to Alaska and/or Hawaii, outbound long-distance traffic to those destinations cannot, in aggregate, exceed one percent (1%)
of the total outbound long-distance traffic in any calendar month; otherwise, all outbound long -distance traffic to Alaska and
Hawaii in such month may be subject to a price premium (at the applicable then-prevailing rate), at Provider’s sole discretion.
(3) Certain voice functions, such as (i) inbound and outbound WebFax service and
(ii) forwarding calls out of the Auto Attendant or a local number, do no t qualify for unlimited local or long-distance usage. A list of
such voice functions, together with the applicable maximum minutes of usage per month and the costs for excess usage, is avai lable
from the Provider Account Manager assigned to Customer.
(4) If Customer’s usage exceeds the limits for Customer’s Account or otherwise exceeds
Fair Use, Customer agrees that Provider may immediately, in its sole discretion, (i) charge Customer for such excess usage, (ii) after
giving Customer written (email) notice, upgrade Customer to a higher plan or increase the limits on Customer’s Account to address
the excess usage (and increase the Fees for the Services to reflect the upgrade), and/or (iii) after giving Customer notice a nd
opportunity to cure as required by the applicable terms of the Agreement, suspend or terminate Customer’s Account.
(C) Taxes. In addition to its obligation to pay applicable taxes as set forth in the relevant provisions
of the Agreement, Customer shall also pay all taxes, fees, and assessments of any nature associated with any products or services
sold through the use of or with the aid of the Services.
(D) Subscription-Based Versus User-Based Licensing Models.
(1) Subscription-Based Licensing. For Services purchased under a subscription-based
licensing model, Customer may purchase subscriptions (i.e., licenses) to use such Services without assigning an individual Us er to
the subscription license at the time of initial purchase. When placing an order for a new Service subscription, or after increasing
the desired quantity of User licenses in an existing subscription, any hardware rebates applicable to those User licenses wil l be
immediately available on Customer’s account, even prior to assigning the licenses to specific Users. After ordering a new Service
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subscription, or after increasing the desired quantity of User licenses in an existing subscription, billing for those licenses will begin
after a seven-day grace period, even if the licenses have not yet been assigned to specific Use rs. When Customer’s Account
administrator removes a User from Customer’s Account, the phone number and User license assigned to that User becomes
available for future use; however, until or unless Customer terminates the licenses, Customer will continue t o be billed for the
licenses, even after the removal of the User from Customer’s Account . To the extent applicable, a hardware rebate penalty will not
automatically be charged back to Customer’s Account when a User is removed from the Account; rather, if applicable, the rebate
penalty will only be triggered when Customer reduce the number of Service subscription licenses in Customer’s Account below t he
number of the phone hardware rebates that have been used within that customer Account within the previous 12 months. Taxes
are based on the locality of the User to which the license is assigned; provided that, for global customers headquartered in the
United States or Canada, Customer is fully and solely responsible for calculating and remitting all taxes ap plicable to the purchase
and use of any license for the Services that is assigned to a User whose registered Service location is not in the United Sta tes or
Canada. Licenses that are not assigned to a User will be assessed taxes based on the primary addre ss for the applicable Customer
Account, as set forth in Provider’s records.
(2) User-Based Licensing. For Services purchased under a User-based licensing model,
licenses for the Services are purchased for and assigned to a specific User at the time of in itial purchase. Applicable taxes are based
on the locality of the User to which the license is assigned.
(vi) Use of the Services.
(A) Business Use; Call Centers.
(1) Business Use. The Services are provided for Customer use with Customer’s business
(non-personal) operations. Customer will not (1) allow any third party, including Customer’s vendors and service providers, to
access or use the Services, or (2) re-sell or attempt to re-sell the Services. For the avoidance of doubt, (i) Customer agrees th at it
will not use the Services for residential purposes, and (ii) Provider agrees that Customer’s use of the Services to provide a nd support
Customer’s own services is not prohibited so long as such use does not take the form of re -sale of the Services or otherwise violate
this section.
(2) Call Centers.
(a) The Service can be used for call center operations purposes where calls are
primarily of an inbound nature and the Services are used in conjunction with Provider solutions where appropriate Contact Center
licenses are purchased for this purpose.
(b) Customer may not use the Services for any call center solutions in which
Provider’s Service lines are being used for a high rate of outbound calls and/or calls which are primarily of a short duratio n –
characteristics typically seen when using outbound dialer applications. The S ervices are designed (and may only be used for)
normal business usage, specifically where the average call duration is greater than or equal to one (1) minute. If Customer’s
average call duration is less than one (1) minute during any month, a surcharge will be applied to all usage during that month .
(B) Restricted Activities. Customer must not use the Services: (a) to harvest, collect, gather or
assemble information or data regarding other persons, including telephone numbers or email addresses, without their consent;
(b) to harass or to interfere with another user’s use and enjoyment of the Services; (c) to send bulk outbound SMS messages
through the Services without properly registering with The Campaign Registry; (d) to unlawfully record conversations in violation
of applicable law; (e) to make calls that are not between individuals (e.g., automated calls are not permitted); or (f) in a manner
Provider reasonably considers to be inappropriate or unlawful. Customer must not use or access the Services to monitor their
performance, availability, or functionality, or for any benchmarking or competitive purposes.
(C) No Resale. The Services are provided solely for Customer’s use and for use by not third parties
other than Customer’s Users. Customer is prohibited from intermingling traffic.
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(D) Applicable Law; Regulatory Matters.
(1) Applicable Law. Use of the Services is only authorized in the United States. Customer
acknowledges and agrees that access to and use of the Services may be restricted or limited as a result of applicable laws, and that
Customer will not use or allow the use of the Services, in contravention of, and will comply with, any applicable law. Custom er
represents and warrants that (i) Customer and its Users are not named on any governmental authority’s list of persons or entitie s
prohibited from receiving exports, and (ii) Customer will not permit Users to access or use Services in violation of any expo rt
embargo, prohibition or restriction. Customer acknowledges and agrees that that it is Customer’s sole responsibility to use t he
Service in a lawful manner, and that Customer is solely responsible for the consequences of any use of the Services in violat ion of
applicable law.
(2) Regulatory Matters. Notwithstanding any other provision of this Schedule or the
Agreement, this Schedule is subject to change, modification, or cancellation, with or without prior notice, as may be require d
or reasonably deemed necessary by Provider pursuant to any Applicable Law, including any order, rule or decision of a
Governmental Authority. To the extent Customer is obligated to report and pay any applicable taxes or regulatory fees to a
governmental authority, Customer hereby indemnifies Provider against any and all claims arising out of Customer’s failure to do
so.
(3) Fraud. It is the parties’ express intention that Customer, and not Provider, will bear
all risk of loss arising from any unauthorized or fraudulent usage o f Services provided to Customer. Provider reserves the right,
but is not required, to take any and all action it deems appropriate (including blocking access to particular calling numbers or
geographic areas) to prevent or terminate any fraud or abuse or similar use thereof of which Provider becomes aware or has a
reasonable basis to suspect, provided, however, that any such action will be consistent with applicable federal, provincial, state
and local laws, rules, and regulations, and provided further that the failure to take any such action will not limit Customer’s
responsibility or liability for any fraudulent or other unlawful or otherwise prohibited usage of the Services.
(E) Call Recording Features. Notwithstanding any other applicable provisions or prohibitions of
use set forth in this Schedule or the Agreement, Customer agrees and acknowledges that the laws regarding the notice,
notification, and consent requirements applicable to the recording of conversations vary between federal and state
jurisdictions, and between state jurisdictions, and locally. Customer agrees that when using call recording features, it is solely
responsible for complying with all federal, state, and local laws in any relevant jurisdiction. If Customer uses call record ing features
from outside the United States, or if a party to the call is located outside the United States, Customer must also abide by a ll
international laws, rules and regulations to call recording. Customer should carefully review Customer’s particular ci rcumstances
when deciding whether to use the recording features of the Service, and it is solely Customer’s responsibility to determine w hether,
and if so under what conditions, the electronic recordings are legal under applicable federal, state or local l aws. Provider and
Provider Parties are not responsible for any misinterpretation, lack of understanding or lack of knowledge regarding the use of
electronic recordings or the use of its products by Customer or any User, whether legal or illegal. The call recording feature is
intended for single person use only. Provider reserves the right to disconnect or modify Customer’s service plan if Provider
determines, in its sole and absolute discretion, that Customer’s usage of this feature is inconsistent with, or in excess of, normal
usage patterns of other users of the Services. Provider and Provider Parties expressly disclaim all liability with respect t o
Customer’s recording of conversations, and Customer hereby releases and agrees to hold harmless Provider and Provider Parties
from and against any damages or liabilities of any kind related to the recording of any telephone conversations using the Ser vices.
In some states, Customer are required to obtain consent from all parties to record a phone call. As a result, Customer may need to
inform Customer’s employees and other Users and third parties whom Customer calls through the Services or who call Customer
using the Services that their calls are being recorded. Customer is responsible for obtaining (and wh ere required by applicable law,
retaining) records of any and all legally required consents when Customer makes or receives a call with call recording enable d.
Customer expressly acknowledges that (i) nothing in this Section is provided or should be const rued by Customer in any way to be
legal advice, and (ii) Provider recommends consultation with Customer’s own legal counsel before recording any call.
(F) Caller Identification Services (“CNAM”). Outbound CNAM is available upon request, although
Provider reserves the right to provide a default name which will typically be either the name of Customer’s enterprise account, or
the billing contact for the Services, as provisioned in Provider’s systems as of date that the CNAM order is entered. Provid er may
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modify the name submitted to meet regulatory and/or third-party vendor requirements. Upon request, Provider may modify the
CNAM in a manner consistent with relevant law. Additional Fees may apply. If Customer prefers for its number not to be disp layed,
Customer must request initiation of the privacy indicator on Customer’s Account. Provider is not responsible for CNAM not
operating properly, as Provider (in common with all providers of services similar to the Services) relies on third -party databases
and provisioning by the carrier or other third-party provider that terminates the call to the called party. Customer acknowledges
and agrees that Provider has no control over, and no liability of any kind for or in relation to the acts or omissions of, su ch third
parties.
(G) “Hold” Music. Customers warrants and represents to Provider that, to the best of Customer’s
knowledge, any and all Hold Music provided by Customer to Provider for the purpose of uploading to the Service is (a) not in
violation of any third party’s patent, trademark, copyright, service mark rights, or other intellectual property rights of any kind; (b)
is not libelous, obscene or otherwise contrary to the law; (c) does not violate any third party's right of privacy or publici ty; and that
no claims by third parties alleging violation or breach by Customer of sub -sections (a) – (c) (or the possibility of any such claims)
have been brought to Customer’s attention. Accordingly, in the event of any claim made or action filed by any person for
misrepresentation, content, patent, trademark, service mark, or other copyright or other intellectual property right infringe ment
arising out of the Hold Music provided by Customer to Provider and used with the Services at Customer’s request, Customer sha ll
defend and hold harmless Provider and all Provider Parties for all liabilities and damages in any form and of any type allege d by
the claimant and/or suffered by Provider as a result of said claim or action.
(H) Chat Functionality. The chat functionality of the Services (the “Chat Feature”) is subject to the
following restrictions and limitations:
(1) Web Links Not Scanned. The Chat Feature allows users to share URLs or other forms
of web links with one-another via chat. However, Provider does not scan any URLs or web links for malicious code, inappropriate
or illegal content, or any other harmful attributes (including without limitation disabling devices, drop dead devices, time bombs,
trap doors, Trojan horses, worms, viruses and similar mechanisms; collectively “Harmful Content”). Provider and Provider Parties
expressly disclaim any and all liability, and Customer accepts and acknowledges its responsibility for, any and all liability with
respect to any Harmful Content contained in any URL or web link shared between Customer’s Users via the Chat Feature. Customer
hereby releases and agrees to hold harmless Provider and Provider Parties from and against any and all damages or liabilities of
any kind related to any Harmful Content contained in any URL or web link shared between Customer’s Users via the Chat Feature.
(2) User Content. Provider does not screen or filter the content of messages, links or
attachments sent via the Chat Feature (whether for offensive or illegal content, viruses or otherwise ), and Provider does not modify
any User content sent using the Chat Feature. As with all other aspects of the Services, Customer assumes full responsibilit y and
liability for the legal and compliant use of the Chat Feature by Customer’s Users and/or any third parties. Provider and Provider
Parties expressly disclaim all liability with respect to any content, links or attachments included by Customer and/or Custom er’s
Users in a Chat Feature message. Message history (for messages sent via the Chat Feature) is retained by Provider and is available,
if required, for production in connection with legal proceedings in which Customer may be involved (i.e., litigation discover y) and
law enforcement subpoenas, orders and other demands; however, the Chat Feature does not currently support account
administrators’ ability to export message history without Provider support.
(3) Service Limitations and Disclaimers. Provider and Provider’s affiliates expressly
disclaim all liability with respect to any delays in the delivery of messages using the Chat Feature, messages that are not successfully
delivered, messages that are deleted or lost, or User errors in the use of the Chat Feature (including without limitation acc identally
adding an unintended participant to a chat session or group, sending messages to unintended recipients, unclear or misleading
communications due to the chronological/sequential presentation of chat messages, and/or failure to comply with applicable
laws). The Chat Feature does not support the ab ility to recall a message once it has been sent. While the Chat Feature allows a
sender to edit messages that have been sent to other internal Users within Customer’s organization, a sender does not have the
ability to edit SMS or other messages once they have been sent to users outside of Customer’s organization.
(4) SMS/Text Messaging.
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(a) SMS/Text Functionality. Provider’s business texting feature allows users to
send and receive SMS (text) messages through the desktop and mobile application to and f rom U.S., Puerto Rican and Canadian
numbers. Provider Users that have enabled SMS in their license may send and receive SMS messages using their primary busines s
phone number. Additionally, if enabled for Customer’s account and Customer’s Users, Customer may use this functionality to send
and receive SMS messages using the main number provided by Provider with the Services (including Auto Attendants and Hunt
Group numbers).
(b) Registration Requirements for Bulk Outbound Messaging. Bulk outbound
messaging sent by Customer using the Services must be registered with The Campaign Registry. Provider’s SMS service has been
designed and provisioned for person-to-person messaging (that is, sending/receiving one message at a time, with two-way (back
and forth) communication between two human users). If Customer plan on using SMS for broad-based outbound campaigns (such
as bulk sales/marketing communications, collections efforts, billing/delivery notifications or alerts, appointment notices an d
reminders, etc.), Customer is required to either:
(I) Contact Provider’s Support team to register as a campaign service
provider with The Campaign Registry and send Customer’s bulk
outbound messages as part of registered campaigns. [NOTE:
Customer should not register itself with The Campaign Registry;
instead Customer must register with the support of Provider to
ensure proper provisioning]; or
(II) Use Provider’s Contact Center solution (which is separate from the
Services detailed in this Schedule) to send bulk outbound SMS
messages, as that service has been specifically designed to support
bulk outbound messaging.
(c) Consequences for Failing to Register Bulk Outbound Messaging. Sending
bulk outbound SMS messages through Provider’s Unified Communications Service without properly registering with The
Campaign Registry constitutes a material breach of Provider’s Acceptable Use Policy, Fair Use Policy, and the Agreement. Such
usage will lead to immediate suspension of Customer’s organization’s messaging service until Customer register with The
Campaign Registry. In addition, (a) all of Customer’s SMS messages may be blocked by mobile operators (traffic may be
categorized as SPAM); (b) Customer may be required to pay financial or other penalties and/or increased per mess age rates due
to such misuse of the service; and/or (c) Provider may immediately terminate the Services on the grounds of Customer Default.
Provider has a “Zero Tolerance” policy on this issue, as use of the Services to send bulk outbound SMS messages by just one user
can potentially have an adverse impact on Provider and/or Provider’s other customers. Customer acknowledges that rules and
policies of The Campaign Registry are promulgated and enforced not by Provider but by an independent third party not i n any way
controlled or directed by Provider, and accordingly Customer agrees that Provider will not be liable in any way for any inter ruption
in the provision of the Services or for Customer’s inability to use the Services to the extent caused any act or omission of the third
party that promulgates and enforces rules and policies pertaining to The Campaign Registry.
(d) Consequences for Failing to Register Bulk Outbound Messaging. Sending
bulk outbound SMS messages through Provider’s Unified Communications Service without properly registering with The
Campaign Registry constitutes a material breach of Provider’s Acceptable Use Policy, Fair Use Policy, and the Agreement. Such
usage will lead to immediate suspension of Customer’s organization’s messaging service until Customer register with The
Campaign Registry. In addition, (a) all of Customer’s SMS messages may be blocked by mobile operators (traffic may be
categorized as SPAM); (b) Customer may be required to pay financial or other penalties and/or inc reased per message rates due
to such misuse of the service; and/or (c) Provider may immediately terminate the Services on the grounds of Customer Default.
Provider has a “Zero Tolerance” policy on this issue, as use of the Services to send bulk outbound SMS messages by just one user
can potentially have an adverse impact on Provider and/or Provider’s other customers. Customer acknowledges that rules and
policies of The Campaign Registry are promulgated and enforced not by Provider but by an independent th ird party not in any way
controlled or directed by Provider, and accordingly Customer agrees that Provider will not be liable in any way for any inter ruption
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in the provision of the Services or for Customer’s inability to use the Services to the extent cau sed any act or omission of the third
party that promulgates and enforces rules and policies pertaining to The Campaign Registry.
(e) Additional Fees Related to Bulk Outbound Messaging. Provider incurs costs
in connection with Customer’s registration with The Campaign Registry and Customer’s sending of campaigns through that third-
party-provided service, as well as higher usage fees when Customer sends bulk SMS messages. Provider reserves the right to begin
charging Customer at any time, upon notice, for any such registration, sending of campaigns, or usage fees related to bulk
outbound messaging.
(f) Consent of SMS Recipients. By using the Services to send outbound SMS
messages, Customer agrees and acknowledge that (A) Customer is solely responsible for obtaining, and that Customer has or,
before sending SMS messages, will have obtained all necessary consents from the recipients of such messages to enable Custome r
to send such messages to them, as required under applicable law; and (B) Customer indemnifi es Provider and the Provider Parties
against any liability or responsibility for damages of any kind (e.g., direct, indirect, consequential, or otherwise) that ar ise from the
failure by Customer or any third party using Customer’s account to obtain all req uired consents from recipients before sending
SMS messages.
(g) “Do Not Call” List. Provider is required to comply with applicable “Do Not
Call” lists. If Customer attempts to send an SMS message to a recipient on the “Do Not Call” list, such SMS messag e will not be
delivered to the intended recipient. Furthermore, in such situation, Customer may not receive an error message or other
notification from Provider that describes why Customer’s message has not been delivered to the desired recipient. By usi ng the
Services to send outbound SMS messages, Customer agrees and acknowledges that (A) Customer is solely responsible for
confirming that the intended recipients of Customer’s SMS messages are not on any applicable “Do Not Call” lists; (B) any SMS
messages that Customer attempts to send to a recipient on a “Do Not Call” list, if such recipient is properly identified by Provide r
or its carrier, will not be delivered to the intended recipient; and (C) Customer will indemnify Provider and the Provider Pa rties
against any and all liability or responsibility for damages of any kind (e.g., direct, indirect, consequential, or otherwise) that arise
from (1) the failure by Customer or any third party using Customer’s account to comply with any applicable “Do Not Ca ll” list and/or
(2) the fact that messages sent to intended recipients on a “Do Not Call” list (which may include important, time -sensitive and/or
confidential information) will not be delivered to such intended recipients.
(5) Customer’s Data and Privacy.
(a) Provider does not own any of Customer’s Data. Except as set forth herein, in
the Agreement, in Provider’s Privacy Policy, or as otherwise required by applicable law, Provider will not monitor, edit, or disclose
any information regarding Customer or Customer’s Account, including any Data, without Customer’s prior permission. Provider
may use or disclose such information, including Data, to enforce this Schedule, to provide, support and bill for Services (in cluding
disclosure to the Agent and other third-party vendors and contractors), to respond to or monitor technical issues with the Services,
for compliance purposes with Provider’s vendors, to protect Provider’s rights or property, and to protect against potentially
fraudulent, abusive or unlawful use of the Services. In addition, Provider may provide certain user registration and statistical
information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include any
information that identifies Customer. Customer, not Provider, will have sole responsibility for the accuracy, quality, integrity,
legality, reliability, appropriateness and copyright of all Data and, Provider will not be responsible or liable for the dele tion,
correction, destruction, damage, loss or failure to store any Data. Customer understands and agrees that it is Customer’s sole
obligation to take, and that Customer will take, all measures necessary to protect Customer’s Data, including without limitat ion,
the timely backup of all Data on one or more systems that operate independently from any system associated with the Services.
(b) In providing the Services, Provider collects and maintains CPNI. This includes
information that relates to the quantity, technical configuration, type, destination, location and amount of use of Services to which
Customer subscribe. Customer’s telephone numbers, name and address are neither CPNI nor (for purposes of the Agreement)
Confidential Information. Provider may use CPNI without Customer’s consent to provide the Services, for billing and collection
purposes, to protect Provider’s rights or property or to protect users from fraudulent, abusive or unlawful use of the Servic es, to
inbound telemarketing services for the duration of the call, or a s required or permitted by law. Provider may also use CPNI to offer
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additional services of the type that Customer already purchases. Provider does not sell, trade or share Customer’s CPNI with any
third parties for marketing purposes, unless Customer authorizes such use.
(vii) CALEA. Customer acknowledges that Provider intends to fully comply with the Communications
Assistance for Law Enforcement Act (“CALEA”) and similar laws (including without limitation Section VI of Canada’s Criminal C ode).
By using the Service, Customer hereby agrees and consents to Provider’s right, pursuant to lawful request by law enforcement or
any governmental authority, to monitor and otherwise disclose the nature and content of Customer’s communications if and as
required by CALEA or any other law, without any further notice to Customer.
(viii) Limitation of Warranty; Limitation on Liability; Third-Party Services.
(A) Limitation of Warranty. Provider and the Provider Parties will not be liable for any direct,
indirect, incidental, special, punitive or consequential damages, including but not limited to damages for lost profits, business
interruption, loss of programs or information, and the like, that result from Customer’s or any Customer User’s use or inabil ity to
use the Services or from mistakes, omissions, the Services not meeting Customer’s requirements or expectations, hardware
failures, issues making 911 calls, interruptions, deletion of files or directories, errors, defects, or delays in operation, or
transmission, regardless of whether Provider or any Provider Party has been advised of such damages or their possibility . Further,
Provider and the Provider Parties will not be liable for any harm or damages of any kind that may be caused by or result from the
execution or transmission of malicious code or similar occurrences, including without limitation disabling devices, drop dead
devices, time bombs, trap doors, Trojan horses, worms, viruses and similar mechanisms. The warranty restrictions and liabili ty
exclusions and limitations set forth in this Section and elsewhere in this Schedule are in addition to the warranty restrictions and
limitations and exclusions provided for in the Agreement.
(B) Limitation on Liability Relating to 911 Calls. Notwithstanding anything to the contrary
otherwise set forth herein, Provider and the Provider Parties will have no liability whatsoever in the event that Customer ha s,
either under Provider’s direction or Customer’s own actions, misconfigured any telephone or other device conne cting to the
Services, or if any User has any issue regarding a 911 call. Customer acknowledges and agrees that the limitation of Provider ’s and
the Provider Parties’ liability is a material term to Provider and that it would not otherwise enter into this Schedule without this
limitation, and that Customer agrees these limitations are reasonable. 911 services will not function, or will not function properly,
on the Service: (i) if Customer (or Customer’s User) is located outside of the rate center associat ed with the assigned phone
number; (ii) if a User attempts a 911 call from a location different from the address associated with the applicable phone nu mber
in Provider’s or any of the Provider Parties’ records; (iii) during any disruption of power at Cust omer’s location; (iv) during any
disruption of Internet connectivity to Customer’s location; (v) during any period where the Services or any other Provider se rvices
necessary for Customer to be able to access and use the Services have been cancelled or sus pended for any reason (including
suspensions or cancellations for failure to pay or other Customer Default); (vi) if Customer or anyone acting on behalf of Cu stomer
has provided incorrect or invalid address information, or if such information is not update d in the event of a change in primary
location; or (vii) if equipment provided to or used by Customer in connection with the Services fails to function or is impro perly (or
is not) installed or configured, or (viii) in the event of a Force Majeure Event (a s defined in the Agreement). 911 Services will not
function until correct and valid address information has been input into the appropriate database(s), which may occur shortly after
initial Service activation. Customer hereby releases and agrees to hold harmless Provider and the Provider Parties (including
without limitation Intermedia.net, Inc. and its affiliates) from and against any damages or liabilities of any kind arising o ut of the
failure of 911 services to function properly for the reasons set f orth in the preceding sentence of this Section or elsewhere in this
Schedule. The liability exclusions and limitations set forth in this Section and elsewhere in this Schedule are in addition to the
limitations and exclusions provided for in the Agreement.
(C) Licensor and Vendor Liability. Provider’s licensors and vendors are not responsible to Customer
for any warranty provided by Provider.
(D) Third-Party Services. The Services may be compatible with Third-Party Services. While
Provider does not disclose or permit access to Customer’s CPNI to Third-Party Services, Customer’s installation or use of Third-
Party Services on Customer’s equipment or software could result in Customer’s own disclosure of CPNI. Any purchase, enabling
or engagement of Third-Party Services, including but not limited to implementation, customization, consulting services, and any
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exchange of Data between Customer and any Third -Party Service, is solely between Customer and the applicable Third-Party
Service provider and further is at Customer’s sole risk. Provider does not warrant, endorse or support Third -Party Services, or
provide any advice or guidance to Customer regarding the use of or connection of the Services with any Third -Party Services. If
Customer purchases, enables, or engages any Third-Party Service for use with the Services, Customer acknowledges that the
providers of those Third-Party Services may attempt to access and/or use Customer’s Data used in connection with the Services as
required for the interoperation of such Third-Party Services with the Services. Customer represents and warrants that Customer’s
use of any Third-Party Service signifies Customer’s independent consent to the access and use of Customer’s Data by the Third -
Party Service provider, and that such consent, use and access is outside of Provider’s control. Provider will not be responsible or
liable to Customer for any disclosure, modification or deletion of Data resulting from any such access by providers of Third -Party
Services.
(E) Accessibility Services. Provider, either directly or through one or more Provider Parties, makes
certain ancillary services, such as 711 and IP Relay services, available to Customer that are designed to make some of the Se rvices
more easily accessible to individuals with certain disabilities (collectively, the “Accessibility Services”). Such Accessibility Services
are provided on an “as is” basis, and neither Provider nor the Provider Parties make any representation or warranty with resp ect
to the availability, the effectiveness or any other aspect of such Accessibility Services. Use of the Accessibility Services is at
Customer’s sole risk. Notwithstanding anything to the contrary otherwise set forth herein, Customer hereby releases and agre es
to hold harmless Provider and Provider Parties from and against, and that Provider and the Provider Parties will have no liability
whatsoever in connection with, any damages or liabilities of any kind arising out of any error in receiving, transmitting or failing to
receive or transmit any message or communication in the course of providing the Accessibility Services. Customer acknowledges
and agrees that this limitation of Provider’s and the Provider Parties’ liability is a material term to Provider and that Pro vider would
not otherwise enter into this Schedule without this limitation, and that Customer agrees these limitations are reasonable.
(ix) Special Terms Applicable to Provider’s Embedded Integration with Microsoft Teams (“Unified
Communications for Teams Embedded Service”) (including without limitation the Unified Communications for Teams Advanced
service, as well as other available forms of embedded Unified Communications for Teams applications).
(A) Installation. Two (2) separate applications must be installed for each User in order for
Customer’s Unified Communications for Teams Embedded Service to run properly: (a) the embedded Unified Communications for
Teams application (the “Embedded Application”); and (b) the Unified Communications for Teams desktop plug-in application (the
“Desktop Plug-In”). It is solely Customer’s responsibility to ensure that both such applications are successfully installed on each
User’s relevant devices or systems. Customer’s Account administrator must download and publish the Embedded Application
through the administrative portal and provide access to the Embedded Application to all Users on Customer’s Account. In addi tion,
each User must download the Desktop Plug-In on their first use of the Unified Communications for Teams Embedded Service;
otherwise, the User will not be able to place or receive calls in Microsoft Teams using the Unified Communications for Teams
Embedded Service.
(B) Chat/SMS Functionality.
(1) Chat Functionality. Users will have access to the chat feature in both Microsoft Teams
and in Provider’s unified communications Service (in the Unified Communications for Teams Embedded Service). Provider, by
default, will enable the chat feature in the Unified Communications for Teams Embedded Service, so that Users can choose which
application they desire to use for chat functionality. Running a chat feature concurrently in two separate applications may cause
confusion for Customer’s Users. If Customer wishes for Customer’s Users to use the Teams native chat feature, Provider
recommends that Customer, through Customer’s Account administrator, disable the chat feature in the Unified Communications
for Teams Embedded Service at the Account level. It is solely Customer’s responsibility to manage and configure the chat s ettings
in Customer’s Account to align with Customer’s preferred usage.
(2) SMS Functionality. Certain versions of the Unified Communications for Teams
Embedded Service include SMS functionality; however, the Teams -native chat feature does not offer the ability to send or receive
SMS messages. For Customer’s Users that subscribe to a version of the Unified Communications for Teams Embedded Service that
includes SMS functionality, the SMS functionality will be available through the Unified Communications for Teams Embedded
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Service, but only if Customer’s Account administrator enables the SMS functionality for such Users. The chat functionality o f the
Unified Communications for Teams Embedded Service does not need to be enabled for the SMS functionality to work.
(C) Risk of Third-Party Blocking. Customer acknowledges that the integration and operation of the
Unified Communications for Teams Embedded Service depends on the cooperation and continued ability of the Unified
Communications for Teams Embedded Service to access and integrate with Microsoft systems, APIs and/or services. Provider does
not control Microsoft’s systems, APIs and/or services. In the unlikely event that Microsoft were to discontinue or materiall y alter
its Teams service or revoke or limit Provider’s access to Microsoft’s APIs or services, such actions may materially impact the
functionality, availability and/or performance of the Unified Communications for Teams Embedded Service. If any such event
occurs, Provider shall promptly notify Customer of any such event and its potential impact on Customer’s services.
(b) Potential Price Increases. Provider retains the right, at any time during the Service Term of an Agreement for
Astound Ascend Voice Services, to increase the MRC for the Astound Ascend Voice Services to pass-through price increases
imposed on Provider; provided, that in no event shall any such increase exceed Provider’s increased direct costs to deliver t he
Astound Ascend Voice Services to Customer. Provider shall give Customer at least thirty (30) days’ advance written notice of any
such price increases.
(c) Software Licenses; Audit Rights; Cessation of Use of Software. Customer expressly acknowledges that in
connection with Customer’s use of the Astound Ascend Voice Services and/or as a requirement for Customer to be able to use the
Astound Ascend Voice Services, Provider may provide Customer with a license or the right to use certain software under the terms
of a separate license from a third-party licensor. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT ITS RIGHTS TO USE SUCH
SOFTWARE ARE LIMITED TO THE RIGHTS PROVIDED BY THE THIRD-PARTY LICENSOR AND THAT ANY AND ALL CLAIMS THAT
CUSTOMER MAY HAVE CONCERNING OR RELATING TO SUCH SOFTWARE REGARDING THE PERFORMANCE OR FUNCTIONALITY
OF SUCH SOFTWARE OR ANY SERVICES RELATED THERETO SHALL BE BROUGHT EXCLUSIVELY AGAINST THE THIRD -PARTY
LICENSOR OF SUCH SOFTWARE AND NOT AGAINST PROVIDER. PROVIDER DOES NOT MAKE ANY WARRANTIES CONCERNING
THE PERFORMANCE OR FUNCTIONALITY OF ANY SOFTWARE (IN CLUDING ANY RELATED SERVICES THAT MAY BE AVAILABLE
FROM THE THIRD-PARTY LICENSOR OR OTHERWISE) DISTRIBUTED BY PROVIDER IN CONNECTION WITH THE ASTOUND ASCEND
VOICE SERVICES, AND PROVIDER HEREBY DISCLAIMS AND EXCLUDES ALL SUCH WARRANTIES, INCLUDING, WITHOUT
LIMITATION, WARRANTIES FOR MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR SATISFACTORY QUALITY,
WHETHER AT COMMON LAW, IN CONTRACT OR TORT OR BY STATUTE, OR OTHERWISE. At reasonable intervals and upon at
least five (5) days’ prior notice to Customer, Provider shall have the right to audit the records of Customer that document software
licenses purchased or used by Customer in connection with Customer’s use of the Astound Ascend Voice Services. Customer shall
cooperate reasonably (and at its own expense) with Provider’s exercise of the audit rights set forth in this Section. Immediately
upon the expiration or earlier termination of the Agreement for Astound Ascend Voice Services, Customer shall uninstall and
discontinue all use of any software in respect of which a software license was provided by Provider pursuant to the terminated or
expired Agreement or otherwise in connection with Customer’s use of the Astound Ascend Voice Services.
(d) Compliance with Laws; Data Protection Laws. Customer’s use of the Astound Ascend Voice Services shall at all
times comply with all applicable laws, rules and regulations of any governmental authority having valid jurisdiction over Customer,
including without limitation Data Protection Laws, as defined below.
(i) Definitions. For purposes of the Astound Ascend Voice Services, the following terms shall have the
meanings set forth below:
(A) “Data Protection Laws” means (1) all governmental laws, codes, rules, orders, and regulations
applicable to the collection, storage, use, and other processing of Customer information (including without
limitation data privacy laws applicable to Customer or Customer Data); and (2) all industry standards, codes of
conduct, and best practices applicable to the collection, storage, use, and other processing of Customer
information, including Payment Card Industry (PCI) standards. Data Protection Laws include, without limitation,
Massachusetts Regulation 201 CMR 17.00; California Civil Code Sec. 1798.100 et seq. (also known as the
California Consumer Privacy Act of 2018(CCPA)); California Proposition 24 (also known as the California Privacy
Rights Act (CPRA)); the U.S. Health Insurance Portability and Accountability Act of 1996; the Gramm-Leach-Bliley
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Act (GLBA); the U.S. Health Information Technology for Economic and Clinical Health Act (in each case as
amended repealed, consolidated or replaced from time to time); and any other data protection laws and
regulations relating to data protection and privacy that apply to Customer’s ha ndling or use of Protected
Information.
(B) “Customer Data” means all Customer data (including Protected Information) hosted or
otherwise stored by Provider in connection with the provision of the Astound Ascend Voice Services .
(C) “Protected Information” means personally identifiable information (including, without
limitation, credit card numbers, individuals’ dates of birth, and tax identification numbers) that is transmitted or
maintained in any form or medium by Customer in connection with the Astound Ascend Voice Services and which
is subject to Data Protection Laws.
(ii) Compliance with Data Protection Laws. Customer acknowledges that at all times it is responsible for
understanding and complying with, and Customer agrees to comply with applicable Data Protection Laws in its use of the
Astound Ascend Voice Services.
(iii) Indemnification by Customer of Provider. Customer shall defend, indemnify, and hold Provider and its
Affiliates and its and their respective officers, directors and employees harmless from any and all claims under Data
Protection Laws relating to Customer’s use of Provider’s networks and services (including the Astound Ascend Voice
Services ) for the storage and processing or other usage of any kind of Protected Information or any other Customer Data
(including Protected Information).
(e) Early Termination by Provider Due to Termination by Intermedia. In addition to the provisions of the Agreement
regarding early termination of the Astound Ascend Voice Services , in the event that, at any time during the Service Term for
Astound Ascend Voice Services , Intermedia (the subcontractor to Provider for the Astound Ascend Voice Services ), terminates
the services it provides to Provider for any reason, then Provider may terminate the Astound Ascend Voice Services it is providing
to Customer by giving Customer at least sixty (60) days’ advance written notice of termination. In the event Provider terminates
the Astound Ascend Voice Services pursuant to this Section, Customer will pay to Provider all outstanding NRC and the MRC (and
any other applicable amounts then due to Provider pursuant to the Agreement) for the Astound Ascend Voice Services provided
by Provider prior to the date of termination, and thereafter neither Party will have any further liability to the other with respect to
the terminated Astound Ascend Voice Services.
ARTICLE 6 – VIDEO CONFERENCING SERVICE PROVISIONS
If Customer receives Video Conferencing Services (“Video Conferencing Services”) from Provider, then, in addition to the
provisions of the applicable Agreement, the provisions regarding Phone Services set forth in Article 4 above, and the provisions
regarding Hosted Voice Services set forth in Article 5 above, Customer’s use of the Video Conferencing Services is also subject to
the terms and conditions of this Article 6:
6.1 Use of Video Conferencing Service and Customer’s Responsibilities. Provider’s video conferencing solution is a software-
based addition to Provider’s Hosted Voice Services that is intended to facilitate group collaboration and remote team
communications. Customer is solely responsible for its use of the Video Conferencing Services, including for all use made of the
Video Conferencing Service by Customer’s employees, contractors, third -party business partners, and other end-users. Customer’s
use of the Video Conferencing Services shall at all times comply with all applicable laws, including, but not limited to, law s related
to recording, intellectual property, privacy and export control.
(a) Registration Information. Customer may be required to provide information about itself and its employees and
other end-users of the Video Conferencing Services in order to use the Video Conferencing Services or certain functionality
provided by or with the Video Conferencing Services. Customer agrees that all such information shall be accurate. Customer may
be asked to choose a user name and password. Customer is entirely responsible for maintaining the security of Customer’s
username and password and agrees not to disclose same to third-parties.
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(b) Customer’s Content. Customer agrees that it is solely responsible for the content sent, transmitted, displayed
and/or uploaded by Customer, Customer’s employees, contractors, third-party business partners, and other end-users of the Video
Conferencing Services. Customer represents and warrants that it has the right to transmit and upload its content and that su ch
use does not violate or infringe on the rights of any third party. Under no circumstances will Prov ider be liable in any way for any:
(i) content that is transmitted or viewed while using the Video Conferencing Services, (ii) errors or omissions in the content, or
(iii) any loss or damage of any kind incurred as a result of the use of, access to, or den ial of access to Customer’s content or inability
to access to Customer’s content. Although Provider is not responsible for Customer’s content, Provider may delete any of
Customer’s content at any time without notice to Customer if Provider becomes aware t hat Customer’s content violates any
provisions of the Agreement or applicable law. Customer retains its copyrights and any other intellectual property rights Cu stomer
already holds (if any) in Customer’s content that is submitted, posted or displayed on, through or using the Video Conferencing
Services.
(c) Recordings. Customer is responsible for complying with all recording laws. The host of a video conferencing
session can choose to record video conference meetings and webinars. By using the Video Confer encing Services, Customer
consents to Provider’s storage of recordings for any or all video conference meetings or webinars that Customer and/or any of its
employees, contractors, third-party business partners, or other end-users may join, if such recordings are stored in Provider’s
systems. Customer (and its applicable its employees, contractors, third-party business partners, or other end-users who are using
the Video Conferencing Services) will receive a notification (visual or otherwise) when recording is enabled. If any person taking
part in a call, webinar, meeting or other event that takes place using the Video Conferencing Services does not consent to be ing
recorded, that person can choose to leave the event.
(d) Prohibited Use. Customer agrees that it will not use, and will not permit any of its employees, contractors, third-
party business partners, or other end-users of the Video Conferencing Services to do any of the following: (i) modify, disassemble,
decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Video
Conferencing Services, (ii) knowingly or negligently use the Video Conferencing Service in a way that abuses, interferes with, or
disrupts Provider’s network or the systems, facilities or equipment used by Provider to provide the Video Conferencing Services,
(iii) use the Video Conferencing Services in violation of any Provider policy or in a manner that violates applicable law, includin g
but not limited to anti-spam, intellectual property, export control, privacy, and anti-terrorism laws and regulations; (iv) build or
benchmark a competitive product or service, or copy any features, functions or graphics of the Video Conferencing Services, (v) use
the Video Conferencing Services to communicate any message or material that is harassing, libelous, threatening, obscene,
indecent, or that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense
under any applicable law or regulation; or (vi) upload or transmit any software, content or code that does or is intended to harm,
disable, destroy or adversely affect the performance of the Video Conferencing Services or Provider’s network or equipment in
any way.
(e) Limitations on Use. Customer may not reproduce, resell, or distribute the Video Conferencing Services or any
reports or data generated by the Video Conferencing Services for any purpose unless Customer has been specifically permitted to
do so under a separate agreement with Provider. Customer may not offer or enable any third parties to use the Video Conferencing
Services purchased by Customer, display on any website or otherwise publish the Video Conferencing Services or any content
obtained from the Video Conferencing Services (other than content created and owned by Customer) or otherwise generate
revenue from the Video Conferencing Services. Customer may not use the Video Conferencing Services for the development,
production or marketing of a service or product substa ntially similar to the Video Conferencing Services.
(f) Responsibility for End-Users. Customer is responsible for the activities of all of Customer’s employees,
contractors, third-party business partners, and other end-users who access or use the Video Conferencing Services through
Customer’s account, and Customer agrees to ensure that all such employees, contractors, third-party business partners, and other
end-users comply with the terms of the Agreement, the provisions of this Services Addendum, and any ap plicable Provider policies
(including without limitation Provider’s Acceptable Use Policy). If Customer becomes aware of any violation of the Agreement in
connection with the use of the Video Conferencing Services by any person, Customer shall notify Prov ider immediately. Provider
may investigate any complaints and violations that come to its attention and may take any (or no) action that Provider believ es is
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appropriate, including, but not limited to issuing warnings, removing content, terminating accoun ts and/or user profiles, and/or
suspending or terminating the provision of Video Conferencing Services to Customer.
6.2 Not for Use in High Risk Environments. THE VIDEO CONFERENCING SERVICES ARE NOT POSITIONED, INTENDED OR
DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE COMMUNICATIONS OR CONTROLS, INCLUDING,
WITHOUT LIMITATION, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATIONS SYSTEMS, AIR
TRAFFIC CONTROL, LIFE SUPPORT AND/OR WEAPONS SYSTEMS. CUSTOMER MUST NOT USE THE VIDEO CONFERENCING SERVICES
IN ANY HIGH RISK ENVIRONMENT.
6.3 Not Intended for Secure Communications. THE VIDEO CONFERENCING SERVICES ARE NOT POSITIONED, INTENDED OR
DESIGNED TO PROVIDE SECURE COMMUNICATIONS AND MUST NOT BE USED IN SITUATIONS WHERE THE CONFIDENTIALITY,
PRIVACY OR SECURITY OF THE COMMUNICATION AT ISSUE IS ESSENTIAL OR PARAMOUNT. Provider’s Video Conferencing Services
contain certain industry-standard features that, when correctly configured and enabled, can increase the security of video
conference sessions. Provider strongly recommends that Customer use (and require its employees, contractors, third -party
business partners, and other end-users to use) the available security features of the Video Conferencing Services. However, even
with proper configuration of video conferencing settings, it is possible that communications made using the Video Conferencing
Services may be intercepted by unauthorized third parties, disseminated beyond Customer’s intended audience, recorded or
altered without Customer’s consent, or otherwise compromised by hostile hacking activity. CUSTOMER EXPRESSLY UNDERSTANDS
AND AGREES THAT ITS USE OF THE VIDEO CONFERENCING SERVICES IS NOT GUARANTEED TO BE SECURE. INSTEAD, CUSTOMER
UNDERSTANDS AND AGREES THAT ITS USE OF THE VIDEO CONFERENCING SERVICE IS AT ITS SOLE RISK. PROVIDER SHALL NOT BE
LIABLE FOR ANY BREACHES OF PRIVACY, UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION, OR OTHER DAMAGES OR
LOSSES OF ANY TYPE THAT MAY BE SUFFERED BY CUSTOMER OR ANY OF ITS EMPLOYEES, CONTRACTORS, THIRD-PARTY BUSINESS
PARTNERS, OR OTHER END-USERS DUE TO ANY SECURITY WEAKNESSES IN THE VIDEO CONFERENCING SOFTWARE OR ANY HOSTILE
HACKING ACTIVITY EXPLOITING THE SAME.
6.4 No Warranties; Acceptance of Risk. CUSTOMER UNDERSTANDS AND AGREES THAT THE VIDEO CONFERENCING SERVICES
ARE PROVIDED “AS-IS” AND THAT PROVIDER, ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. PROVIDER, ITS AFFILIATES AND SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION
REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VIDEO CONFERENCING SERVICES, REGARDING THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE VIDEO CONFERENCING SERVICES, OR THAT THE
VIDEO CONFERENCING SERVICES WILL MEET ANY USER REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
USE OF THE VIDEO CONFERENCING SERVICES IS AT CUSTOMER’S SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH USE OF THE VIDEO CONFERENCING SERVICES IS AT CUSTOMER’S OWN DISCRETION AND RISK.
CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR HARM SUFFERED BY IT RESULTING FROM THE USE OF THE
VIDEO CONFERENCING SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE VIDEO CONFERENCING
SERVICES IS AND REMAINS WITH CUSTOMER. PROVIDER DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER
INFORMATION OR COMMUNICATION BETWEEN USERS. PROVIDER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC
RESULTS FROM USE OF THE VIDEO CONFERENCING SERVICES.
ARTICLE 7 – CLOUD CONTACT CENTER SERVICE PROVISIONS
If Customer receives Cloud Contact Center Services (“Cloud Contact Center Services”) from Provider, then, in addition to the
provisions of the applicable Agreement, Customer’s use of Provider’s Cloud Contact Center Services is also subject to the ter ms
and conditions of this Article 7:
7.1 Underlying Internet Connection Required. Provider’s Cloud Contact Center Services are cloud-hosted Services. All users
of the Cloud Contact Center Services must have an underlying Internet connection in order to access and use the Cloud Contact
Center Services. The underlying Internet connection does not n ecessarily need to be provided by Provider. In some situations,
Provider may require Customer to purchase the underlying Internet connectivity from Provider in order to receive Provider’s C loud
Contact Center Services. In other situations, Provider may allow Customer to use Internet access purchased from a different
provider (a “Third-Party Provider”) as the underlying connection to Provider’s Cloud Contact Center Services. In either event,
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Customer expressly understands and acknowledges that it will not be able to use the Cloud Contact Center Services without an
active connection to the Internet.
7.2 When Underlying Internet Connectivity Is Provided by a Third -Party Provider. If Customer is using Internet connectivity
provided by a Third-Party Provider to access and use Provider’s Cloud Contact Center Services, Customer expressly acknowledges
and agrees to each of the following:
(a) Provider is not responsible for and has no control over the Internet access service Customer receives
from any Third-Party Provider. Customer must contact its Third-Party Provider for any technical
support issues Customer experiences with its underlying Internet connection.
(b) In order for the Cloud Contact Center Services to function as intended, the underlying Internet
connection must meet certain minimum technical and other relevant characteristics. As between
Provider and Customer, Customer is solely responsible for determining whether the Internet access
service it receives from its Third-Party Provider has the technical and other applicable characteristics
(such as sufficient stability, throughput, low latency, etc.) necessary to support Customer’s use of
Provider’s Cloud Contact Center Services in the manner in which the Cloud Contact Center Services are
designed to function. Provider has no obligation whatsoever to modify the Cloud Contact Center
Services to make them compatible with Internet access service Customer receives from any Third-Party
Provider.
(c) IF CUSTOMER’S ABILITY TO ACCESS AND USE THE CLOUD CONTACT CENTER SERVICES IS DEGRADED,
INTERRUPTED OR OTHERWISE ADVERSELY IMPACTED BY THE POOR TECHNICAL PERFORMANCE
AND/OR UNAVAILABILITY OF THE UNDERLYING INTERNET CONNECTION CUSTOMER RECEIVES FROM A
THIRD-PARTY PROVIDER, CUSTOMER SHALL NONETHELESS REMAIN FULLY OBLIGATED TO PAY
PROVIDER FOR THE CLOUD CONTACT CENTER SERVICES DURING SUCH PERIOD. IN NO EVENT SHALL
PROVIDER BE LIABLE FOR ANY PROBLEMS CUSTOMER MAY EXPERIENCE IN USING THE CLOUD
CONTACT CENTER SERVICES DUE TO THE INTERNET CONNECTION PROVIDED BY A THI RD-PARTY
PROVIDER, OR FOR ANY OUTAGES, DEGRADATION, OR INTERRUPTION OR OTHER PROBLEMS
CUSTOMER MAY EXPERIENCE WITH ANY INTERNET ACCESS SERVICE CUSTOMER RECEIVES FROM A
THIRD-PARTY PROVIDER.
(d) CUSTOMER’S DECISION TO USE AND ACCESS PROVIDER’S CLOUD CONTACT CENTER SERVICES VIA AN
INTERNET CONNECTION CUSTOMER RECEIVES FROM A THIRD-PARTY PROVIDER IS UNDERTAKEN AT
CUSTOMER’S SOLE AND EXCLUSIVE RISK.
7.3 Installation and Use of Cloud Contact Center Software. Provider’s Cloud Contact Center Services are provid ed in part by
Provider’s vendor, Intermedia.net, Inc. (“Intermedia”). In order to access and use the Cloud Contact Center Services, Customer
must download and install certain software provided by Intermedia (the “Cloud Contact Center Software”). To use the Cloud
Contact Center Software, Customer must accept and agree to the terms and conditions of Intermedia’s end -user license
agreement, which is posted on the Intermedia website at the following URL: https://intermedia.com/end-user-license-agreement
(the “Cloud Contact Center EULA”). If Customer does not agree to the terms and conditions of the Cloud Contact Center EULA,
Customer may not use the Cloud Contact Center Software or the Cloud C ontact Center Services. The terms and conditions of the
Cloud Contact Center EULA are incorporated into and constitute a part of this Services Addendum. CUSTOMER ACKNOWLEDGES
THAT THE CLOUD CONTACT CENTER SOFTWARE IS NOT MANUFACTURED OR PUBLISHED BY PROVIDER AND THAT PROVIDER
DOES NOT SUPPORT AND SHALL HAVE NO MAINTENANCE OBLIGATIONS OR OTHER LIABILITY OR OBLIGATION REGARDING THE
CLOUD CONTACT CENTER SOFTWARE. Further, Customer acknowledges and agrees that it may use the Cloud Contact Center
Software only for the purpose of using and operating the Cloud Contact Center Services as contemplated by the applicable
Agreement with Provider, and that each of the following is prohibited with respect to the Cloud Contact Center Software:
(a) copying the Cloud Contact Center Software or associated documentation, either in whole or in part; (b) modifying, reverse
compiling, reverse assembling or otherwise reverse engineering the Cloud Contact Center Software, either in whole or in part, or
attempting to do any of the foregoing; (c) sub-licensing, leasing, sub-leasing, selling or otherwise distributing the Cloud Contact
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Center Software, either in whole or in part, and whether or not for profit, to any third parties; and (d) creating derivative works of,
from, based on, or using or incorporating all or any portion of the Cloud Contact Center Software. At reasonable intervals and
upon at least five (5) days’ prior notice to Customer, during the Term of the Cloud Contact Center Services, Provider shall have the
right to audit the records of Customer that document software licenses purchased or used by Customer in connection with
Customer’s use of the Cloud Contact Center Services. Customer shall cooperate reasonably (and at its own expense) with
Provider’s exercise of the audit rights set forth in this Section. Immediately upon the expiration or earlier termination of the
Agreement for the Cloud Contact Center Services, Customer shall uninstall and discontinue all use of the Cloud Contact Center
Software.
7.4 Cloud Contact Center EULA Subject to Future Updates. The Cloud Contact Center EULA may be updated at any time and
from time to time without notice to Customer. Customer understands and agrees that it is Customer’s responsibility to review the
Cloud Contact Center EULA with reasonable frequency to keep abreast of any changes. Customer’s continued use of the Cloud
Contact Center Services at any time shall constitute Customer’s agreement to the most recently revised terms and conditions o f
the Cloud Contact Center EULA.
7.5 Cloud Contact Center Product Schedule. This Section 7.5 constitutes the Cloud Contact Center Product Schedule (the
“Schedule”). This Schedule includes the terms and conditions that, with respect only to the Cloud Contact Center Services (referred
to in this Schedule as the “Services”), either modify or augment the Agreement. The Services include certain product and
management features or advanced features that may be offered at additional cost, and which Provider, in its sole discretion, may
add, modify, or delete from time to time. Capitalized terms not defined in this Schedule shall have the same meaning as set forth
in the Agreement. If a capitalized term used in this Schedule has a meaning in this Schedule that is different from the mean ing
used elsewhere in the Agreement, the definition in this Schedule will control for purposes of this Schedule only. In the event of a
conflict or inconsistency between the terms of the Agreement and the terms of this Schedule, this Schedule shall supersede and
govern.
(a) PPN Version vs. CPN Version. The Services can be provided to Customer in either of the following ways:
(i) The Provider-Provided Network Version of the Services (the “PPN Version”), which is Provider’s
standard offering that provides the functionality of the Services, where the associated Internet access
and telecommunications services (such as bundles of calling minutes) are provided by Provider; and
(ii) The Customer-Provided Network Version of the Services (the “CPN Version”),” which has the same
functionality as the PPN Version, but for which any and all associated Internet access or
telecommunications services (such as bundles of calling minutes) are provided by a third party of
Customer’s choice (and not from Provider).
Provider’s Cloud Contact Center Service themselves are not regulated telecommunications services. However, except with respect
to the CPN Version, for which Provider does not provide any associated telecommunications services), Customers must may (or,
in the case of the Express version of Provider’s Cloud Contact Center service, are required to) purchase regulated
telecommunications services from Provider Parties (defined below) for use in connection with the Services. Certain terms and
conditions in this Schedule (in Section 7.5(k) below) apply specifically and only to the CPN Version (and not to the PPN Version).
Otherwise, except as is expressly indicated to the contrary, the terms and conditions set forth in this Schedule apply to bot h the
PPN Version and the CPN Version.
(b) Definitions. For the purposes of this Schedule, the following definitions apply:
“Access Information” means information that, alone or together with other information, can provide access to any portion
of Customer’s Account, including but not limited to Customer’s Account number, login names, passwords, payment card
or other financial information, security questions and their respective answers, and any other similar information. For the
avoidance of doubt, Customer’s Access Information will include any similar information for each of Customer’s Users.
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“Account” means the account created with Provider in connection with this Schedule that relates to Customer’s purchase
or subscription to and use of Services by Customer and Customer’s Contact Center Agents.
“BAA” means a Business Associate Agreement which is a written arrangement that specifies each party's responsibilities
with respect to Personal Health Information (“PHI”) under the Health Insurance Portability and Accountability Act
(“HIPAA”) that require Covered Entities (as such term is defined under HIPAA) that electronically transmit any PHI to only
work with Business Associates (as such term is defined under HIPAA) that commit to comply with the applicable
requirements under HIPAA.
“Contact Center Agent” means any of Customer’s employees, consultants or independent contractors to whom Customer
grant permission to access the Services in accordance with Provider’s entitlement procedures.
“Contact Center Agent License” means the type of license(s) (concurrent licenses in the case of the Pro and Elite versions
of Provider’s Cloud Contact Center Service; dedicated licenses (i.e., licenses assigned to specific users) in the case of the
Express version of Provider’s Cloud Contact Center Service) purchased to authorize Contact Center Agents to log in to the
Contact Center as a Service (CCaaS) agent software and to use the Services included with such license.
“Content” means the audio and visual information, documents, software, products and s ervices contained or made
available in the course of using the Services.
“Data” means any data, information, reports, logos, brands and brand identification, trade names, trademarks, domain
names, service marks, graphics or material provided or submitted by Customer to Provider in the course of using the
Services. This definition also includes any call recordings generated through expected use of the Services.
“Documentation” means the specifications and operating manuals of the Services and other printe d materials that may
be provided to Customer.
“Platform” means the equipment, operating system, servers and network environment on and with which the Services
are hosted by Provider and additions or replacements to the foregoing which may be determined by Provider from time
to time.
“Provider Parties” means Provider’s officers, employees, agents and representatives; Provider’s affiliates (including
parents and subsidiaries), suppliers, licensors and partners; and their respective officers, employees, agen ts and
representatives.
“SpinSci” means SpinSci Technologies LLC which offers certain services that are resold by Provider, including the Patient
Notify™, Patient Assist™, Patient Engage™, Patient Comply™ and Patient Register™ products.
“Use” means to utilize, run, store, operate or display the Services.
“User” means any of Customer’s employees, consultants, independent contractors, or other representatives in any
capacity to whom Customer grants permission to access the Services in accordance with Provider’s entitlement
procedures.
(c) AI Features. Some options available with the Services incorporate or otherwise use artificial intelligence (“AI”)
features and/or technology. AI-based technology is subject to a number of risks that users should fully u nderstand and consider
before activating or using any AI-based features or services. Provider has made available an Artificial Intelligence Policy and
Notifications document (the “AI Policy”, available at www.serverdata.net/legal), which describes many of those risks. The terms
of the AI Policy, as it may be amended and updated from time to time, are hereby incorporated by reference into, and made a p art
of, this Schedule (including, without limitation, Sect ion 3 of the AI Policy, which identifies specific AI-based services and features
that may be incorporated or otherwise used by the Services described in this Schedule).
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(d) Use and Restrictions.
(i) Use of the Services. Customer shall not (i) license, sub-license, sell, rent, transfer, assign, distribute or
otherwise commercially exploit or make available to any third party the Services or Content in any way (ii) modify or make
derivative works based upon the Services or Content; (iii) obscure, remove or alter any of the trademarks, trade names, logos,
patent or copyright notices or marking to the Services, nor add any other notices or markings to the Services or any portion thereof;
(iv) access the Services (a) for benchmarking or competitive purposes (including without limitation building competitive products
or services), (b) in order to build a product using similar ideas, features, functions or graphics of the Services, or (c) in order to copy
any ideas, features, functions or graphics of the Services; or (v) reverse engineer the Services. Customer may not access the Services
for purposes of monitoring their performance, availability, or functionality, or for any other benchmarking or competitive pu rposes,
without Provider’s prior written consent.
(ii) Relationship with Intermedia. Customer acknowledges and agrees that Customer has no direct
relationship with Intermedia. Instead, Customer’s direct relationship is with Provider. However, Customer acknowledges and
agrees that (a) in some circumstances, Intermedia may provide escalated support services to Customer in connection with the
Services, (b) actions by Intermedia shall be deemed to be the actions of Provider with respect to those aspects of the relationship
under this Schedule, and (c) Customer consents to the disclosure of Data to Intermedia for the purposes of providing and
supporting the Services and the collection of Data by Intermedia for the purposes of providing and supporting the Services. For
the avoidance of doubt, if Customer fails to respond to Intermedia when Intermedia is acting on behalf of Provider under this
Schedule and for purposes of Provider’s provision of the Services, Customer shall be deemed to be in breach of this Schedule and
in Default of the Agreement.
(iii) Number Portability. [This Section 7.5(d)(iii) applies only if Customer requests Provider to port phone
numbers for Customer (and Provider agrees to port such numbers for Customer) in connection with Customer’s purchase of the
Services. This Section does not apply to the CPN Version.] Availability and use of local and toll-free number portability, for porting
an existing telephone number to Provider, is subject to Provider’s policies, as modified from time to time. If number portab ility is
available from Provider and Customer opts to transfer Customer’s existing number, Customer authorizes Provider to (a) process
Customer’s order for porting the Service, (b) notify Customer’s current service provider of Customer’s decision to switch
Customer’s services to Provider, and (c) transfer Customer’s telephone number, and Customer represents to Provider that it is
authorized to take these actions. Customer may be required to complete a letter of authorization, provide Provider with a co py
of Customer’s most recent bill from Customer’s service provider, as well as provide Provider with any other information required
by Customer’s service provider to port Customer’s number. Failure to provide any information requested by Provider or the th ird-
party service provider will delay the porting of the number to Provider. Provider shall not be responsible or have any liability
whatsoever to Customer for any delay or failure in the porting of Customer’s number or for any outages with Customer’s servic e
provider prior to the successful completion of Customer’s number port to Provider. Expedites are not available. Provider has the
right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number.
(iv) Changes to Local Number Port Orders. [This Section 7.5(d)(iv) applies only if Customer requests Provider
to port phone numbers for Customer (and Provider agrees to port such numbers for Customer) in connection with Customer’s
purchase of the Services. This Section does not apply to the CPN Version.] If a Firm Order Commit (FOC) date for a local port order
is canceled or changed by Customer or Customer’s Agent/representative (a) more than three (3) business days before the agreed -
to date, or (b) within three (3) business days prior to the agreed-to date, then in either case, Provider may invoice Customer for an
appropriate Fee (which is subject to change from time to time) per telephone number. If Customer requires a reversion to pri or
service on the day of the port or within twenty -four (24) hours of the port occurring on the FOC date, Provider may invoice
Customer for an additional Fee (which is subject to change from time to time) per telephone number. Customer acknowledges
that Provider cannot guarantee that immediate service reversion for local numbers is even possible or available. Fees invoiced to
Customer as set out above in this Section are non -refundable.
(v) Changes to Toll-Free Port Orders. [This Section 7.5(d)(v) applies only if Customer requests Provider to
port toll-free phone numbers for Customer (and Provider agrees to port such numbers for Customer) in connection with Customer’s
purchase of the Services. This Section does not apply to the CPN Version.] Changes to toll-free port orders are not supported once
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submitted. Cancellations of toll-free porting orders are exclusively the responsibility of Customer or Customer’s
Agent/representative to arrange with the current service provider.
(vi) On-Site Requirements. Customer is responsible for all aspects of Customer’s working environment and
for access connectivity (Internet connectivity and local area network) with respect to any quality of service issues to which these
factors may contribute. Should Customer encounter material quality of service issues with the S ervices which are not caused by
these factors but rather are attributable to network or software provided by Provider, then Customer will so notify its Provider
Account Manager, and Provider will use commercially reasonable efforts to remedy those issues w ithin thirty (30) days of their
being reported to Provider. Should Provider determine that a quality of service issue reported by Customer is the result of
Customer-provided access connectivity or of Customer’s working environment, then Provider will use commercially reasonable
efforts to provide information to Customer to support that determination. In such event, Customer will remain responsible (a t its
sole cost) for rectification of any issues with its access connectivity and/or working environment repair. Outages and/or disruptions
in Customer’s use of the Services caused by Customer-provided access connectivity or of Customer’s working environment do not
constitute failure on the part of Provider to fulfill its obligations under the Agreement and are not grounds for any other form of
liability on the part of Provider or any Provider Party or Affiliate of Provider, or for termination of the Services by Customer for
Provider Default.
(vii) Interruptions. Access to Provider’s Platform and the Services may be subject to limitations, delays and
other problems inherent in the use of the Internet and electronic communications. Provider will not be liable if the Service s are
unavailable to Customer due to (a) the acts or omissions of Customer, its agents, employees, contractors, or Users, including the
failure of or refusal by Customer to reasonably cooperate with Provider in diagnosing and troubleshooting problems with the
Services; (b) scheduled Service alteration, maintenance or implementation; (c) the failure or malfunction of network equipment or
facilities not owned or controlled by Provider or its Affiliates or suppliers; (d) Force Majeure Events; or (e) Provider’s inability (due
to no fault of Provider) to access facilities or equipment as reasonably required to troubleshoot, repair, restore or prevent
degradation of the Service; or (f) any circumstances beyond the control of Provider, including without limitation (i) the fai lure of
any service or facilities provided by Customer or any party other tha n Provider (including without limitation any
telecommunications carrier or Internet service provider); (ii) the negligence or willful act or omission of Customer or Custo mer’s
Users, employees, agents or others for whom Customer is legally responsible by law; or (iii) any improper use of the Services by
Customer or any of Customer’s Users or Contact Center Agents or others for whom Customer is legally responsible.
(viii) Security of Access Information. Customer is solely responsible for maintaining the confidentiality of any
Access Information used to access the Services and/or Platform. Customer shall notify Provider immediately of any known or
suspected unauthorized use of any Access Information or Provider account or any other known or suspected breach of security
pertaining to the Services.
(ix) Rights to Use Data. Customer represents that Customer has, and will at all times during Customer’s use
of the Services continue to have, the right to provide Customer’s Data to Provider, including but not limi ted to, obtaining applicable
consents from identifiable individuals, in connection with using the Services pursuant to this Schedule.
(x) Breach of this Schedule (SpinCi services). A breach of Customer’s obligations or commitments under
this Schedule, including without limitation a breach of SpinSci’s Terms of Use (the latest version of which is available at
https://spinsci.com/eula/) if Customer purchases the SpinSci service in connection with Customer’s purchase of the Services,
constitutes a Default, material breach (also referred to as a “Default”) of the Agreement.
(e) Fees; Fair Use.
(i) Fees. The Fees for the Services are as set forth in the applicable Service Order(s) executed by Provider
and Customer. Provider reserves the right to charge a reactivation fee to renew Services for Accounts that have been suspended
by Provider for non-payment or terminated by Customer.
(ii) Fair Use and Other Limitations on Usage. [This Section 7.5(e)(ii) applies to the PPN Version. Please see
Section 7.5(k)(iv) below for “fair use” provisions specifically applicable to the CPN Version.]
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(A) Provider may offer calling plans that are described as including unlimited minutes of use.
Provider may also offer messaging plans that are described as including unlimited messages. Provider reserves the right to review
usage of any “unlimited” plans to ensure Fair Use and reserves the right to, at any time, take the actions noted in
Section 5.7(e)(ii)(E) below without notice to Customer. "Fair Use" means that (i) with respect to calling plans, the combined
number of outbound minutes plus local inbound minutes or (ii) with respect to messaging plans, the combined number of
outbound messages plus inbound messages, in either case does not substantially exceed, in Provider’s reasonable judgment, the
average use of all other Provider customers as measured on a per Contact Center agent basis. Usage and associated charges for
excess usage will be determined based solely upon Provider’s collected usage information. Fair Use also prohibits any activities
that result in excessive usage including, but not limited to, auto -dialing, predictive outbound dialing, continuous or extensive call
forwarding, telemarketing, fax broadcasting, fax blastin g, or transmitting broadcast messages, or any activity that disrupts the
activities of Provider and/or other Provider customers; provided that, for purposes of clarification, this sentence does not prohibit
the use of Provider’s appointment reminder service.
(B) Fair Use assumes that, for any service packages or bundles that include outbound calling to
Alaska and/or Hawaii, outbound long-distance traffic to those destinations cannot, in aggregate, exceed one percent (1%) of the
total outbound long-distance traffic in any calendar month; otherwise, all outbound long-distance traffic to Alaska and Hawaii in
such month may be subject to a price premium (at the applicable then-prevailing rate), at Provider’s sole discretion.
(C) Certain outbound dialing functions, such as (i) Dynamic Notification and (ii) SWAT message
blasts, may be limited in volume based on Provider’s system, network and infrastructure capacity.
(D) Fair Use assumes that Interactive Voice Responses (IVRs) are built and used with the purpose
of queueing calls and logging in agents to manage those activities.
(E) If Customer’s usage exceeds the limits for Customer’s Account (including without limitation any
usage limitations associated with SpinSci products, such as permitted monthly interactions) or otherwise exceeds Fair Use,
Customer agrees that Provider may immediately, in its sole discretion, (i) charge Customer for such excess usage, (ii) after giving
Customer written (email) notice, upgrade Customer to a higher plan or increase the limit s on Customer’s Account to address the
excess usage (and increase the Fees for the Services to reflect the upgrade), and/or (iii) after giving Customer notice and
opportunity to cure as required by the applicable terms of the Agreement, suspend or terminat e Customer’s Account.
(iii) Taxes. In addition to its obligation to pay applicable taxes as set forth in the relevant provisions of the
Agreement, Customer shall also pay all taxes, fees, and assessments of any nature associated with any products or serv ices sold
through the use of or with the aid of the Services.
(f) Use of the Services.
(i) Business Use. The Services are provided for Customer use with Customer’s business (non -personal)
operations. Customer must not (a) allow any third party, including Customer’s vendors and service providers, to access or use the
Services (provided that this limitation does not apply to business process outsourcing (BPO) functionality that allows for a third
party to log in to a web application as an external user so lely to perform, for Customer and as a Customer -authorized
representative, Contact Center Agent activities or monitoring activities with respect to the Services; provided further that any
breach of the terms and conditions of this Schedule and/or the Agree ment by such a BPO supplier to Customer will constitute a
breach (also referred to as a “Default) of any by Customer itself). For the avoidance of doubt, (i) Customer agrees that it will not
use the Services for residential purposes, and (ii) Provider agrees that Customer’s use of the Services to provide and support
Customer’s own services is not prohibited so long as such use does not take the form of re -sale of the Services or otherwise violate
this Section.
(ii) Restricted Activities. Customer must not use the Services: (a) to harvest, collect, gather or assemble
information or data regarding other persons, including telephone numbers or email addresses, without their consent; (b) to ha rass
or to interfere with another user’s use and enjoyment of the Se rvices; (c) to transmit or knowingly to accept any material or
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communications that may infringe the intellectual property rights or other rights of third parties, including, but not limite d to,
trademark, copyright, patent or right of publicity; (d) to transmit or knowingly to accept any material or communication that
contains software viruses or other harmful or deleterious computer codes, files or programs such as, but not limited to, Troj an
horses, worms, time bombs or cancelbots; (e) to interfere with, disrupt, attempt to interfere with or disrupt computer servers or
networks connected to the Services or violate the regulations, policies or procedures of such networks; (f) to attempt to gai n
unauthorized access to or to gain access to the Services, other accounts, computer systems or networks connected to the Services,
through password mining or any other means; (g) to unlawfully record conversations in violation of applicable law; (h) to mak e
calls that are not between individuals (e.g., automated calls are not permitted); or (i) in a manner Provider reasonably considers
to be inappropriate or unlawful.
(iii) Service Integration with Provider’s Unified Communications Service. Customers purchasing the Express
version of Provider’s Cloud Contact Center Service are required to also purchase Provider’s unified communications service (which
is only authorized for use in which is only authorized for use in the Unites States), as the Express version of Provider’s Cloud Contact
Center Service does not function with other providers’ unified communications services.
(iv) No Resale. The Services are provided solely for Customer’s use and for use by not third parties other
than Customer’s Users. Customer is prohibited from intermingling traffic.
(v) Applicable Law; Regulatory Matters.
(A) Applicable Law. Customer acknowledges and agrees that access to and use of the Services may
be restricted or limited as a result of applicable laws, and that Customer will not use or allow the use of the Services, in
contravention of, and will comply with, any applicable law. Customer represents and warrants that (i) Customer and Customer’s
Contact Center Agents are not named on any governmental authority’s list of persons or entities prohibited from receiving exp orts,
and (ii) Customer will not permit Contact Center Agents to access or use Services in violation of any export embargo, prohibition
or restriction. Customer acknowledges and agrees that that it is Customer’s sole responsibility to use the Service in a lawf ul
manner, and that Customer is solely responsible for the consequences of any use of the Services in violation of applicable law.
(B) Regulatory Matters. Notwithstanding any other provision of this Schedule or the Agreement,
this Schedule is subject to change, modification, or cancellation, with or without prior notice, as may be required or reasonably
deemed necessary by Provider pursuant to any Applicable Law, including any order, rule or decision of a Governmental
Authority. To the extent Customer is obligated to report and pay any applicable taxes or regulatory fees to a governmental
authority, Customer hereby indemnifies Provider against any and all claims arising out of Customer’s failure to do so.
(C) Fraud. It is the parties’ express intention that Customer, and not Provider, will bear all risk of
loss arising from any unauthorized or fraudulent usage of Services provided to Customer. Provider reserves the right, but is not
required, to take any and all action it deems appropriate (including blocking ac cess to particular calling numbers or geographic
areas) to prevent or terminate any fraud or abuse or similar use thereof of which Provider becomes aware or has a reasonable
basis to suspect, provided, however, that any such action will be consistent with applicable federal, provincial, state and local laws,
rules, and regulations, and provided further that the failure to take any such action will not limit Customer’s responsibilit y or
liability for any fraudulent or other unlawful or otherwise prohibited usage of the Services.
(vi) Call Recording Features. Notwithstanding any other applicable provisions or prohibitions of use set
forth in this Schedule or the Agreement, Customer agrees and acknowledges that the laws regarding the notice, notification, a nd
consent requirements applicable to the recording of conversations vary between federal and state jurisdictions, and between state
jurisdictions, and locally. Customer agrees that when using call recording features, it is solely responsible for complying with all
federal, state, and local laws in any relevant jurisdiction. If Customer uses call recording features from outside the Unite d States,
or if a party to the call is located outside the United States, Customer must also abide by all international laws, rules and regulations
to call recording. Provider and Provider Parties expressly disclaim all liability with respect to Customer’s recording of co nversations,
and Customer hereby releases and agrees to hold harmless Provider and Provider Parties from and against any damages or
liabilities of any kind related to the recording of any telephone conversations using the Services. Customer should carefully review
Customer’s particular circumstances when deciding whether to use the recording features of the Service, and it is solely Customer’s
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responsibility to determine whether, and if so under what conditions, the electronic recordings are legal under applicable fe deral,
state or local laws. Provider and Provider Parties are not responsible for any misinte rpretation, lack of understanding or lack of
knowledge regarding the use of electronic recordings or the use of its products by Customer or any User or any Contact Center
Agent or other representative of Customer, whether legal or illegal. The call record ing feature is intended for single person use
only. Provider reserves the right to disconnect or modify Customer’s service plan if Provider determines, in its sole and abs olute
discretion, that Customer’s usage of this feature is inconsistent with, or in e xcess of, normal usage patterns of other users of the
Services. In some states, Customer are required to obtain consent from all parties to record a phone call. As a result, Customer
may need to inform Customer’s employees and other Users and third parties whom Customer calls through the Services or who
call Customer using the Services that their calls are being recorded. Customer is responsible for obtaining (and where requi red by
applicable law, retaining) records of) any and all legally required consen ts when Customer makes or receives a call with call
recording enabled. Customer expressly acknowledges that (i) nothing in this Section 7.5(f)(vi) is provided or should be construed
by Customer in any way to be legal advice, and (ii) Provider recommends c onsultation with Customer’s own legal counsel before
recording any call.
(vii) Caller Identification Services (“CNAM”). [This Section does not apply to the CPN Version.]
(A) Outbound CNAM is available upon request, although Provider reserves the right to provide a
default name which will typically be either the name of Customer’s enterprise account, or the billing contact for the Service s, as
provisioned in Provider’s systems as of date that the CNAM order is entered. Provider may modify the name submitt ed to meet
regulatory and/or third-party vendor requirements. Upon request, Provider may modify the CNAM in a manner consistent with
relevant law. Additional Fees may apply. If Customer prefers for its number not to be displayed, Customer must request i nitiation
of the privacy indicator on Customer’s Account. Provider is not responsible for CNAM not operating properly, as Provider (in
common with all providers of services similar to the Services) relies on third -party databases and provisioning by the carrier or
other third-party provider that terminates the call to the called party. Customer acknowledges and agrees that Provider has no
control over, and no liability of any kind for or in relation to the acts or omissions of, such third parties.
(B) The Services provide Customers with the ability to customize its own CNAM information,
including the name and phone number presented to the recipient of the call. This feature allows Customer to configure its CN AM
data so that all calls from Customer present a uniform name and callback number. Customer is solely responsible for (i) using this
feature in a manner that complies with all applicable laws and (ii) obtaining any and all necessary consents in connection with any
names and phone numbers that Customer uses in Customer’s customized CNAM data. Customer is prohibited from using another
person’s or entity’s name or phone number in Customer’s customized CNAM data without such other person’s or entity’s consent.
In the event of any claim made or action related to Customer’s unauthorized use of another person’s or entity’s name or phone
number in Customer’s customized CNAM data, Customer shall defend and hold harmless Provider for any and all liabilities and
damages (regardless of type or kind) alleged or claimed or suffered by Provider as a result of said claim or action.
(viii) “Hold” Music. Customers warrants and represents to Provider that, to the best of Customer’s
knowledge, any and all Hold Music provided by Customer to Provider for the purpose of uploading to the Service is (a) not in
violation of any third party’s patent, trademark, copyright, service mark rights, or other intellectual property rights of an y kind; (b)
is not libelous, obscene or otherwise contrary to the law; (c) does not violate any third party's right of privacy or publicity; and that
no claims by third parties alleging violation or breach by Customer of sub -sections (a) – (c) (or the possibility of any such claims)
have been brought to Customer’s attention. Accordingly, in the event of any claim made or action filed by any person for
misrepresentation, content, patent, trademark, service mark, or other copyright or other intellectual property right infringe ment
arising out of the Hold Music provided by Customer to Provider and u sed with the Services at Customer’s request, Customer shall
defend and hold harmless Provider and all Provider Parties for all liabilities and damages in any form and of any type allege d by
the claimant and/or suffered by Provider as a result of said claim or action.
(ix) Chat Functionality. The chat functionality available through the Services (“Chat Queues”) is subject to
the following restrictions and limitations:
(A) Web Links Not Scanned. The Chat Feature allows users to share URLs or other forms of web
links with one-another via chat. However, Provider does not scan any URLs or web links for malicious code, inappropriate or illegal
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content, or any other harmful attributes (including without limitation disabling devices, drop dead devices, time bomb s, trap doors,
Trojan horses, worms, viruses and similar mechanisms; collectively “Harmful Content”). Provider and Provider Parties express ly
disclaim any and all liability, and Customer accepts and acknowledges its responsibility for, any and all liabili ty with respect to any
Harmful Content contained in any URL or web link shared between Customer’s Users via the Chat Feature. Customer hereby
releases and agrees to hold harmless Provider and Provider Parties from and against any and all damages or liabili ties of any kind
related to any Harmful Content contained in any URL or web link shared between Customer’s Users via the Chat Feature.
(B) User Content. Provider does not screen or filter the content of messages, links or attachments
sent via the Chat Feature (whether for offensive or illegal content, viruses or otherwise), and Provider does not modify any User
content sent using the Chat Feature. As with all other aspects of the Services, Customer assumes full responsibility and lia bility for
the legal and compliant use of the Chat Feature by Customer’s Users and/or any third parties. Provider and Provider Parties
expressly disclaim all liability with respect to any content, links or attachments included by Customer and/or Customer’s Use rs in
a Chat Feature message. Message history (for messages sent via the Chat Feature) is retained by Provider and is available, if
required, for production in connection with legal proceedings in which Customer may be involved (i.e., litigation discovery) and
law enforcement subpoenas, orders and other demands; however, the Chat Feature does not currently support account
administrators’ ability to export message history without Provider support.
(C) Service Limitations and Disclaimers. Provider and Provider’s affiliates expressly disclaim all
liability with respect to any delays in the delivery of messages using the Chat Feature, messages that are not successfully d elivered,
messages that are deleted or lost, or User errors in the use of the Chat Feature (including with out limitation accidentally adding
an unintended participant to a chat session or group, sending messages to unintended recipients, unclear or misleading
communications due to the chronological/sequential presentation of chat messages, and/or failure to co mply with applicable
laws). The Chat Feature does not support the ability to recall a message once it has been sent. While the Chat Feature allo ws a
sender to edit messages that have been sent to other internal Users within Customer’s organization, a sen der does not have the
ability to edit SMS or other messages once they have been sent to users outside of Customer’s organization.
(g) Customer’s Data and Privacy.
(i) Provider does not own any of Customer’s Data. Provider will handle Customer’s Data in a ccordance with
the terms of the Agreement, this Schedule, Provider’s Privacy Policy, and applicable law. Provider may use or disclose such
information, including Data, to, among other things, enforce the Agreement (including this Schedule); provide, suppo rt and bill for
Services (including disclosure to Provider’s applicable suppliers); respond to or monitor technical issues with the Services; satisfy
compliance requirements with respect to Provider’s suppliers and other applicable third parties; protect P rovider’s rights or
property; and protect against potentially fraudulent, abusive or unlawful use of the Services. In addition, Provider may pro vide
certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but
such information will not identify Customer. Customer, not Provider, will have sole responsibility for the accuracy, quality ,
integrity, legality, reliability, appropriateness and copyright and other applicable intellectual [pro perty rights of all Data and,
Provider will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Da ta.
Customer understands and agrees that it will be Customer’s sole obligation to take, and that Cus tomer will take, all measures
necessary to protect Customer’s Data, including, without limitation, the timely backup of all Data on one or more systems tha t
operate independently from any system associated with the Services.
(ii) In providing the Services, Provider collects and maintains CPNI. This includes information that relates
to the quantity, technical configuration, type, destination, location and amount of use of Services to which Customer subscri be.
Customer’s telephone numbers, name and address are neither CPNI nor (for purposes of the Agreement) Confidential Information.
Provider may use CPNI without Customer’s consent to provide the Services, for billing and collection purposes, to protect Pro vider’s
rights or property or to protect users fro m fraudulent, abusive or unlawful use of the Services, to inbound telemarketing services
for the duration of the call, or as required or permitted by law. Provider may also use CPNI to offer additional services of the type
that Customer already purchases. Provider does not sell, trade or share Customer’s CPNI with any third parties for marketing
purposes, unless Customer authorizes such use.
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(h) Lawful Intercept. [This Section does not apply to the CPN Version.] Customer acknowledges that Provider intends
to fully comply with the Communications Assistance for Law Enforcement Act (“CALEA”) and similar laws (including without
limitation Section VI of Canada’s Criminal Code). By using the Service, Customer hereby agree and consent to Provider’s right ,
pursuant to lawful request by law enforcement or any Governmental Authority, to monitor and otherwise disclose the nature and
content of Customer’s communications if and as required by applicable law, without any further notice to Customer.
(i) SpinSci Services – Special Terms Related to PHI/HIPAA Compliance. [This Section 7.5(i) is only applicable if
Customer purchases the SpinSci services in connection with Customer’s purchase of Provider’s Cloud Contact Center service.]
(i) The SpinSci services are not included as “Services” or “Provider Services” under the terms of any BAA
between Customer and Provider (i.e., the SpinSci services are not covered under Provider’s BAA with Customer).
(ii) As part of purchasing the SpinSci services, Customer will execute a separate BAA directly with SpinSci to
cover the SpinSci services.
(iii) Provider disclaims any liability or responsibility for any breach or violation by SpinSci under the terms
of any agreement between Customer and SpinSci (or any other third party), inclu ding without limitation the BAA between
Customer and SpinSci, related to the SpinSci services.
(iv) Customer must ensure that Customer have obtained all necessary authorizations from Customer’s
customers and users to access their PHI.
(j) Limitation of Liability; Third-Party Services.
(i) Limitation of Liability.
(A) Provider will not be liable for any direct, indirect, incidental, special, punitive or consequential
damages, including but not limited to damages for lost profits, business interruption, l oss of programs or information, and the like,
that result from the use or inability to use the Services or from mistakes, omissions, the Services not meeting Customer’s
requirements or expectations, hardware failures, interruptions, issues related to any T hird Party Service, deletion of files or
directories, errors, defects, or delays in operation or transmission, regardless of whether Provider has been advised of such
damages or their possibility. Provider will not be liable for any harm that may be caused by the execution or transmission of
malicious code or similar occurrences, including without limitation disabling devices, drop dead devices, time bombs, trap do ors,
Trojan horses, worms, viruses and similar mechanisms. The warranty restrictions and liab ility exclusions and limitations set forth
in this Section and elsewhere in this Schedule are in addition to the warranty restrictions and limitations and exclusions pr ovided
for in the Agreement.
(B) Notwithstanding anything to the contrary otherwise set forth herein, the Provider Parties will
have no liability whatsoever in the event that Customer has, either under Provider’s direction or Customer’s own actions,
misconfigured any telephone, interactive voice response (IVR) or other device connecting to t he Service.
(C) Provider’s licensors and vendors are not responsible to Customer for any warranty provided by
Provider. Similarly, Provider shall not be responsible to Customer for any breach or violation by SpinSci of the terms of an y
agreement in place between Customer and SpinSci (including without limitation the BAA between Customer and Provider).
(ii) Third-Party Services. The Services may be compatible with Third-Party Services. While Provider does
not disclose or permit access to Customer’s CPNI to Third-Party Services, Customer’s installation or use of Third-Party Services on
Customer’s equipment or software could result in Customer’s own disclosure of CPNI. Any purchase, enabling or engagement of
Third-Party Services, including but not limited to implementation, customization, consulting services, and any exchange of Data
between Customer and any Third-Party Service, is solely between Customer and the applicable Third-Party Service provider and
further is at Customer’s sole risk. Provider does not warrant, endorse or support Third-Party Services, or provide any advice or
guidance to Customer regarding the use of or connection of the Services with any Third -Party Services. If Customer purchases,
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enables, or engages any Third-Party Service for use with the Services, Customer acknowledges that the providers of those Third -
Party Services may attempt to access and/or use Customer’s Data used in connection with the Services as required for the
interoperation of such Third -Party Services with the Services. Customer represents and warrants that Customer’s use of any Third-
Party Service signifies Customer’s independent consent to the access and use of Customer’s Data by the Third -Party Service
provider, and that such consent, use and access is outside of Provider’s control. Provider will not be responsible or liable to
Customer for any disclosure, modification or deletion of Data resulting from any such access by providers of Third -Party Services.
(k) Special Terms Applicable to CPN Version. Except as specifically set forth in this Section 7.5(k) or elsewhere in this
Schedule, all of the terms of this Schedule apply to both the PPN Version and the CPN Version. However, the CPN Version diff ers
from the standard version of the Services in several importa nt ways, and accordingly, the following terms apply only to the CPN
Version (but not to the PPN Version. To the extent that any of the terms below conflict with other terms outside of this
Section 7.5(k) with respect to the CPN Version, the terms of this Section 7.5(k) shall control:
(i) Any purchaser of the CPN Version must obtain telecommunications services from a third-party provider.
These third-party telecommunications services include, without limitation, (a) Internet access service and (b) dial to ne service for
Customer’s phone numbers, the ability to make or receive external phone calls, calling minutes and usage, long distance and
international calling service and rates, and the purchase/acquisition of phone numbers. As a result, all terms of th is Schedule that
relate to Provider’s provision of any Internet access or telecommunications services do not apply to the CPN Version.
(ii) For the PPN Version, Provider provides all applicable Session Border Controllers (“SBCs”), which are
devices or applications that govern the manner in which phone calls are initiated, conducted and terminated over a VoIP network.
However, for the CPN Version, Customer is solely responsible for obtaining, deploying, configuring, managing and maintaining all
SBCs, which must be accepted by Provider and validated for interoperability with Provider’s unified communications service, which
in turn is necessary to connect the CPN Version with the public switched telephone network (“PSTN”). If Customer fail to pro perly
deploy, configure, manage and/or maintain the SBC(s) on Customer’s network, then (a) the Services may not function properly,
(b) Customer may be susceptible to security attacks, such as Distributed Denial -of-Service (DDoS) attacks, phone fraud, or other
forms of cyber security incidents, and the financial, reputational and other losses and damage that may result from such security
attacks, and/or (c) Customer’s business and operations may be adversely impacted in other ways. It is solely Customer’s
responsibility to ensure that Customer’s SBCs are secure and properly configured, managed and maintained (including all
applicable firmware and/or software updates) at all times, and Customer acknowledges and agrees that Provider will not be lia ble
for any loss or damage of any kind that Customer may incur resulting from Customer’s SBCs or any other element of Customer’s
network not provided by Provider. In addition, Customer further agrees that Customer’s SBCs connect to Provider and its netw ork,
and Customer will be liable for any losses or damages of any kind incurred by Provider, any Provider Party, or another party
(including suppliers to Provider) due to Customer’s failure to properly deploy, configure, manage or maintain Customer’s SBCs or
any other element of Customer’s network not provided by Provider.
(iii) With the PPN Version, Customer may purchase phone numbers from Provider or port phone numbers
to Provider, in either case for use in connection with the Services. However, with the CPN Version, Customer ma y not purchase
phone numbers from, or port phone numbers to, Provider, because with the CPN Version, Customer will have opted to procure
telecommunications services from a third party (and not from Provider). As a result, Customer, must import into Custom er’s
Provider Account any of Customer’s phone numbers that Customer wishes to use in connection with the Services, and Customer
must assign such numbers as part of the configuration and use of the CPN Version. It is solely Customer’s responsibility (at
Customer’s sole cost) to ensure that Customer’s phone numbers are properly imported and assigned in Customer’s Provider
account, and Customer acknowledges and agrees that Provider will not be liable for (a) any loss or delay of any kind that Cus tomer
may incur resulting from Customer’s failure to properly import or assign Customer’s phone numbers in Customer’s Provider
account or from Customer’s failure to successfully export Customer’s phone numbers to another provider in the event Customer
terminates the Services, or (b) any delay, interruption to, or failure to provide (or Customer’s inability to use or access) the Services.
(iv) The Fair Use provisions of Section 7.5(e)(ii) of this Schedule that relate to calling plans do not apply to
the CPN Version, as Provider does not provide voice connectivity with the CPN Version. However, the Fair Use provisions of
Section 7.5(e)(ii) of this Schedule that relate to messaging plans do apply to the CPN Version. Therefore, for the CPN Version only,
instead of Section 7.5(e)(ii) above, the following terms apply:
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(A) Provider may offer messaging plans that are described as including unlimited messages.
Provider reserves the right to review usage of any “unlimited” plans to ensure Fair Use and reserves the right to, at any time, take
the actions noted in Section 7.5(k)(iv)(C) below without notice to Customer. "Fair Use" means that, with respect to messaging
plans, the combined number of outbound messages plus inbound messages does not substantially exceed, in Provider’s reasonable
judgment, the average use of all other Provider customers as measured on a per Contact Center agent basis. Usage and associat ed
charges for excess usage will be determined based solely upon Provider’s collected usage information. Fair Use also prohibits any
activities that result in excessive usage including, but not limited to, message blasting, transmitting broadcasts, or any ac tivity that
disrupts the activities of Provider and/or other Provider customers; provided that, for purposes of clarification, this sentence does
not prohibit the use of Provider’s appointment reminder service.
(B) Fair Use assumes that Interactive Voice Responses (IVRs) are built and used with the purpose
of queueing calls and logging in agents to manage those activities.
(C) If Customer’s usage exceeds the limits for Customer’s Account (including without limitation any
usage limitations associated with SpinSci products, such as permitted monthly interactions) or otherwise exceeds Fair Use,
Customer agree that Provider may immediately, in its sole discretion, (i) charge Customer for such excess usage via Customer’s
automated payment account or by invoice if Customer have been accepted into Provider’s check paying program, (ii) upgrade
Customer to a plan or increase the limits on Customer’s Account to address this excess usage, and/or (iii) suspend Customer’s
Account or terminate Customer’s Account upon notice to Customer. Upon any upgrade or increase on the limits of Customer’s
Account, Customer will be responsible for the new costs and fees.”
7.6 Potential Price Increases. Provider retains the right, at any time during the Service Term of an Agreement for the Cloud
Contact Center Services, to increase the MRC for the Contact Center Services to pass-through price increases imposed on Provider;
provided, that in no event shall any such increase exceed Provider’s increased direct costs to deliver the Cloud Contact Center
Services to Customer. Provider shall give Customer at least thirty (30) days’ advance written notice o f any such price increases.
7.7 Compliance with Laws; Data Protection Laws. Customer’s use of the Cloud Contact Center Services shall at all times
comply with all applicable laws, rules and regulations of any governmental authority having valid jurisdict ion over Customer,
including without limitation Data Protection Laws, as defined below.
(i) Definitions. For purposes of the Cloud Contact Center Services, the following terms shall have the meanings set
forth below:
(A) “Data Protection Laws” means (1) all governmental laws, codes, rules, orders, and regulations
applicable to the collection, storage, use, and other processing of Customer information (including without limitation data
privacy laws applicable to Customer or Customer Data); and (2) all industry standards, codes of conduct, and best practices
applicable to the collection, storage, use, and other processing of Customer information, including Payment Card Industry
(PCI) standards. Data Protection Laws include, without limitation, Massachusetts Regulation 201 CMR 17.00; California
Civil Code Sec. 1798.100 et seq. (also known as the California Consumer Privacy Act of 2018(CCPA)); California Proposition
24 (also known as the California Privacy Rights Act (CPRA)); the U.S. Health Insurance Portability and Accountability Act of
1996; the Gramm-Leach-Bliley Act (GLBA); the U.S. Health Information Technology for Economic and Clinical Health Act
(in each case as amended repealed, consolidated or replaced from time to time); and any other data protection laws and
regulations relating to data protection and privacy that apply to Customer’s handling or use of Protected Information .
(B) “Customer Data” means all Customer data (including Protected Information) hosted or otherwise
stored by Provider in connection with the provision of the Cloud Contact Center Services.
(C) “Protected Information” means personally identifiable information (including, without limitation, credit
card numbers, individuals’ dates of birth, and tax identification numbers) that is transmitted or maintained in any form or
medium by Customer in connection with the Cloud Contact Center Services and which is subject to Data Protection Laws.
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(ii) Compliance with Data Protection Laws. Customer acknowledges that at all times it is responsible for
understanding and complying with, and Customer agrees to comply with applicable Data Protection Laws in its use of the Cloud
Contact Center Services.
(iii) Indemnification by Customer of Provider. Customer shall defend, indemnify, and hold Provider and its Affiliates
and its and their respective officers, directors and employees harmless from any and all claims under Data Protection Laws relating
to Customer’s use of Provider’s networks and services (including the Cloud Contact Center Services) for the storage and processing
or other usage of any kind of Protected Information or any other Customer Data (including Protected Information).
7.8 Early Termination by Provider Due to Termination by Intermedia. In addition to the provisions of the Agreement regarding
early termination of the Cloud Contact Center Services, in the event that, at any time during the Service Term for the Cloud Contact
Center Services, Intermedia terminates the underlying services it provides to Provider for any reason, th en Provider may terminate
the Cloud Contact Center Services it is providing to Customer by giving Customer at least sixty (60) days’ advance written notice of
termination. In the event Provider terminates the Cloud Contact Center Services pursuant to this Section, Customer will pay to
Provider all outstanding NRC and the MRC (and any other applicable amounts then due to Provider pursuant to the Agreement)
for the Cloud Contact Center Services provided by Provider prior to the date of termination, and thereafter neither Party will have
any further liability to the other with respect to the terminated Cloud Contact Center Services.
ARTICLE 8 – VIDEO SERVICE PROVISIONS
If Customer receives video Services (“Video Services”) from Provider, then, in addition to the provisions of the applicable
Agreement, Customer’s use of the Video Services is also subject to the terms and conditions of this Article 8:
8.1 Price Increases. After the first twelve (12) months of the Initial Service Term, the MRC for the Video Services is subject to
increase; provided, that in no event shall any such increase exceed Provider’s increased direct costs to deliver the Video Se rvices.
Should Provider elect to increase the price of some or all of the Video Services provided to Customer, Provider shall give Customer
at least thirty (30) days’ advance written notice specifying the amount of the price increase.
8.2 Additional Charges. The MRC for Video Services that is specified on Customer’s Service Order does not include Applicable
Taxes, franchise fees, FCC regulatory fees, broadcast station retransmission fees (aka RTC fees), certain sports programming fees
or any charges or fees imposed by a governmental authority on the provision of the Video Services, all of which shall be pass ed
through to Customer as additional line items on Provider’s monthly invoice to Customer for the Video Services.
8.3 Channel Line-Up. Provider may at any time and from time to time change the number and/or identity of the signals
comprising the Video Services and/or the placement of those signals (aka the “channel line-up”). In connection with providing the
Video Services to Customer, Provider and/or its authorized agents and equipment manufacturers may send code updates to
Customer’s equipment including, but not limited to, cable modems, digital interactive televisions with CableCARDs, MTAs, HD DTAs
or other similar equipment at any time. Such code updates may change, add or remove features or functionality of any such
equipment or the Video Services.
8.4 Restricted Viewing in Public Areas. Pursuant to the provisions of one or more of Provider’s programming agreements
with video content providers, Customer may be restricted from showing certain channels available to it via the Video Services in
public areas (e.g., meeting rooms, lobbies, exercise rooms, restaurants, etc.). Customer agrees not to display the Video Services
in public areas. Provider shall not be liable to Customer or to any third party should Customer violate this restriction.
8.5 Separate Music Licenses. Customer may be required by law to obtain separate music performance license(s) if Customer
uses the audio component of the Video Services in public areas (e.g., meeting rooms, lobbies, exercise rooms, restaurants, etc.).
Customer is solely responsible for: (a) investigating and determining the need for such license(s); and (b) taking all steps necessary
to obtain and pay for such license(s).
8.6 No Unauthorized Distribution. The Video Services provided to Customer are for the sole benefit of Customer and its
employees, contractors, agents, and/or end-users who occupy the Service Site. Customer shall not re-sell or allow redistribution
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of the Video Services to any third party or to any other location, either in whole or in part, whether directly or indirectly, and
whether on an integrated or unintegrated basis. Customer is responsible for all access to and use of the Video Services by means
of Customer’s equipment and/or internal wiring, whether or not Customer has actual knowledge of o r authorizes such access or
use. Customer agrees to implement commercially reasonable security measures to prevent unauthorized use of, access to, or
redistribution of the Video Services.
8.7 Performance; Technical Support. Provider shall use commercially reasonable efforts in keeping with normal industry
standards to ensure that the Video Services are available twenty -four (24) hours per day, seven (7) days per week. It is possible,
however, that there will be interruptions of the Video Services. Customer understands and agrees that the Video Services may be
unavailable from time to time either for scheduled or unscheduled maintenance, technical difficulties, or for other reasons b eyond
Provider’s reasonable control. Temporary service interruptions fo r such reasons, as well as all service interruptions caused by
Customer’s employees, contractors, agents, or end-users, will not constitute failures by Provider to perform its obligations under
the Agreement. If Provider responds to a request from Customer for technical support and Provider determines that the problem
was due to or caused by Customer or its employees, agents, or end-users, or by Customer’s equipment, rather than any aspect of
Provider’s network or equipment, then Customer shall compensate Provider for its time spent troubleshooting the problem at
Provider’s then-current rates.
8.8 Right to Audit. Provider may, at any time during the Service Term, upon reasonable advance notice to Customer, enter
onto the Service Site to perform an audit verifying that Customer’s use of the Video Services complies with the provisions of the
applicable Agreement and this Services Addendum. Should Provider reasonably determine, whether through an audit or
otherwise, that Customer’s use of the Video Services has violated any provision of the Agreement or this Services Addendum,
Customer agrees to immediately correct the violation.
8.9 Cooperation with Technology Upgrades. During the Service Term it is possible that technological changes, improvements
or enhancements will make it necessary for Provider to substitute new/different equipment at Customer’s Service Site in order for
Customer to continue receiving the Services. Customer agrees to reasonably cooperate with Provider in connection with any such
technology upgrades.
ARTICLE 9 – CLOUD HOSTING SERVICE PROVISIONS
If Customer receives Cloud Hosting Services (“Cloud Hosting Services”) from Provider, then, in addition to the provisions of the
applicable Agreement, Customer’s use of Provider’s Cloud Hosting Services is also subject to the terms and conditions of this
Article 9:
9.1 Incorporation of 11:11 Systems Documents. Provider’s Cloud Hosting Services are provided through and by a third-party
provider called 11:11 Systems. Customer’s use of the Cloud Hosting Services is subject to the following policies established by
11:11 Systems, which are incorporated herein by this reference:
(a) The Service Schedule posted on the 11:11 Systems website at the following URL:
https://1111systems.com/legal/service-schedule (the “Cloud Hosting Service Schedule”); and
(b) The Acceptable Use Policy posted on the 11:11 Systems website at the following URL:
https://1111systems.com/legal/acceptable-use-policy/ (the “Cloud Hosting AUP”).
For purposes of this Services Addendum, all references in the Cloud Hosting Service Schedule and the Cloud Hosting AUP to “11 :11
Systems” shall be deemed to be references to “Provider.” Both the Cloud Hosting Service Schedule and the Cloud Hosting AUP
may be updated at any time and from time to time without notice to Customer. Customer understands and agrees that it is
Customer’s responsibility to review both the Cloud Hosting Service Schedule and the Cloud hosting AUP with reasonable frequency
to keep abreast of any changes. Customer’s continued use of the Cloud Hosting Services after any update to the Cloud Hosting
Service Schedule and/or the Cloud Hosting AUP shall constitute Customer’s agreement to the revised terms and conditions of the
Cloud Hosting Service Schedule and/or the Cloud Hosting AUP, as applicable.
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9.2 Potential Price Increases. Provider retains the right, at any time during the Service Term of an Agreement for Cloud
Hosting Services, to increase the MRC for the Cloud Hosting Services to pass-through price increases imposed on Provider;
provided, that in no event shall any such increase exceed Provider’s increased direct costs to deliver the Cloud Hosting Services to
Customer. Provider shall give Customer at least thirty (30) days’ advance written notice of any such price increases.
9.3 Software Licenses; Audit Rights. Customer expressly acknowledges that in connection with Customer’s use of the Cloud
Hosting Services and/or as a requirement for Customer to be able to use the Cloud Hosting Services, Provider may provide
Customer with a license or the right to use certain software under the terms of a separate license from a third -party licensor.
CUSTOMER EXPRESSLY ACKNOWLEDGES THAT ITS RIGHTS TO USE SUCH SOFTWARE ARE LIMITED TO THE RIGHTS PROVIDED BY
THE THIRD PARTY LICENSOR AND THAT ANY AND ALL CLAIMS THAT CUSTOMER MAY HAVE CONCERNING OR RELATING TO SUCH
SOFTWARE REGARDING THE PERFORMANCE OR FUNCTIONALITY OF SUCH SOFTWARE OR ANY SERVICES RELATED THERETO
SHALL BE BROUGHT EXCLUSIVELY AGAINST THE THIRD PARTY LICENSOR OF SUCH SOFTWARE AND NOT AGAINST PROVIDER.
PROVIDER DOES NOT MAKE ANY WARRANTIES CONCERNING THE PERFORMANCE OR FUNCTIONALIT Y OF ANY SOFTWARE
(INCLUDING ANY RELATED SERVICES THAT MAY BE AVAILABLE FROM THE THIRD-PARTY LICENSOR OR OTHERWISE) DISTRIBUTED
BY PROVIDER IN CONNECTION WITH THE CLOUD HOSTING SERVICES, AND PROVIDER HEREBY DISCLAIMS AND EXCLUDES ALL
SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES FOR MERCHANTABILITY, FITNESS FOR ANY PARTICULAR
PURPOSE, OR SATISFACTORY QUALITY, WHETHER AT COMMON LAW, IN CONTRACT OR TORT OR BY STATUTE, OR OTHERWISE.
At reasonable intervals and upon at least five (5) days’ prior n otice to Customer, Provider shall have the right to audit the records
of Customer that document software licenses purchased or used by Customer in connection with Customer’s use of the Cloud
Hosting Services. Customer shall cooperate reasonably (and at its own expense) with Provider’s exercise of the audit rights set
forth in this Section.
9.4 Compliance with Laws; Data Protection Laws. Customer’s use of the Cloud Hosting Service shall at all times comply with
all applicable laws, rules and regulations of any governmental authority having valid jurisdiction over Customer, including without
limitation Data Protection Laws, as defined below.
(a) Definitions. For purposes of the Cloud Hosting Services, the following terms shall have the meanings set forth
below:
(i) “Data Protection Laws” means (A) all governmental laws, codes, rules, orders, and regulations
applicable to the collection, storage, use, and other processing of Customer information (including
without limitation data privacy laws applicable to Customer or Customer Data); and (B) all industry
standards, codes of conduct, and best practices applicable to the collection, storage, use, and other
processing of Customer information, including Payment Card Industry (PCI) standards. Data Protection
Laws include, without limitation, Massachusetts Regulation 201 CMR 17.00; California Civil Code Sec.
1798.100 et seq. (also known as the California Consumer Privacy Act of 2018(CCPA)); California
Proposition 24 (also known as the California Privacy Rights Act (CPRA)); the U.S. Health Insurance
Portability and Accountability Act of 1996; the Gramm-Leach-Bliley Act (GLBA); the U.S. Health
Information Technology for Economic and Clinical Health Act (in each case as amended repealed,
consolidated or replaced from time to time); and any other data protection laws and regulations relating
to data protection and privacy that apply to Customer’s handling or use of Protected Information .
(ii) “Customer Data” means all Customer data (including Protected Information) an d software hosted or
otherwise stored by Provider in connection with the provision of the Cloud Hosting Services.
(iii) “Protected Information” means personally identifiable information (including, without limitation, credit
card numbers, individuals’ dates of birth, and tax identification numbers) that is transmitted or
maintained in any form or medium by Customer in connection with the Cloud Hosting Services and
which is subject to Data Protection Laws.
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(b) Compliance with Data Protection Laws. Customer acknowledges that at all times it is responsible for
understanding and complying with applicable Data Protection Laws in its use of the Cloud Hosting Services. In addition, and
consistent with (and without limiting) this general obligation, Customer further agrees that:
(i) Customer shall use the Cloud Hosting Services to store or transmit Protected Information only in
compliance with applicable Data Protection Laws;
(ii) Customer shall not use the Cloud Hosting Services for the storage or transmission of Protected
Information unless the Protected Information has been secured by Customer so as to render it unusable,
unreadable, or indecipherable to unauthorized individuals through the use of valid encryption processes
or other applicable safeguards; and
(iii) Customer shall utilize processes on all Protected Information to be transmitted or stored using the Cloud
Hosting Services to ensure that the Protected Information is encrypted (1) during transmission to and
from storage using the Cloud Hosting Services, and (2) at all times while stored using the Cloud Hosting
Services.
(c) Indemnification by Customer of Provider. Customer shall defend, indemnify, and hold Provider and its Affiliates
and its and their respective officers, directors and employees harmless from any and all claims under Data Protection Laws relating
to Customer’s use of Provider’s networks and services (including the Cloud Hosting Services) for the storage and processing o r
other usage of any kind of Protected Information or any other Customer Data (including Protected Information).
9.5 Recommendation to Maintain Other Cop(y/ies) of Customer Data.
(a) Acknowledgement of Recommendation. Customer acknowledges that the Cloud Hosting Services are not
intended to be used as the sole repository for any Customer data or information (including, without limitation, Customer Data and
Protected Information) or software, and that Customer is advised to maintain a separate copy or copies of all Customer data a nd
information (including, without limitation, Customer Data and Protected Information) and software stored by Provider in
connection with the Cloud Hosting Services on servers other than those provided or maintained by Provider (or Provider’s
contractor(s)) in connection with the provision of the Cloud Hosting Services.
(b) No Liability for Lost or Damaged Data. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH
ELSEWHERE IN THE AGREEMENT FOR CLOUD HOSTING SERVICES, UNDER NO CIRCUMSTANCES SHALL PROVIDER HAVE ANY
LIABILITY TO CUSTOMER FOR OR IN RESPECT OF (i) THE COSTS OF RELOADING, REPLACING, OR RECREATING ANY LOST OR
DAMAGED INFORMATION, DATA OR SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY CUSTOMER DATA AND/OR PROTECTED
INFORMATION), OR (ii) THE LOSS OF ANY INFORMATION, DATA OR SOFTWARE IN ANY WAY TRANSMITTED OR STORED USING
PROVIDER’S NETWORKS OR SERVICES (INCLUDING, WITHOUT LIMITATION, THE CLOUD HOSTING SERVICES).
9.6 Early Termination by Provider Due to Termination by Hosting Vendor. In addition to the provisions of the Agreement
regarding early termination of the Cloud Hosting Services, in the event that, at any time during the Service Term for Cloud Hostin g
Services, 11:11 Systems (the third-party vendor that is providing the Cloud Hosting Services to Provider), terminates the services
it provides to Provider for any reason, then Provider may terminate the Cloud Hosting Services it is providing to Customer by giving
Customer at least sixty (60) days’ advance written notice of termination. In the event Provider terminates the Cloud Hosting
Services pursuant to this Section 9.6, Customer will pay to Provider all outstanding NRC and the MRC (and any other applicable
amounts then due to Provider pursuant to the Agreement) for the Cloud Hosting Services provided by Provider prior to the date
of termination, and thereafter neither Party will have any further liability to the other with respect to the terminated Clou d Hosting
Services.
9.7 Effect of Termination.
(a) Destruction of Data Upon Termination. Within ninety (90) days after the expiration or earlier termination of the
Agreement for Cloud Hosting Services, Provider will destroy all Customer Data hosted or stored by Provider in connection with the
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Cloud Hosting Services in accordance with the NIST 800-88 data destruction standards. During the ninety (90) day period between
the expiration or earlier termination of the Agreement for Cloud Hosting Services and destruction of the Customer Data, Custo mer
is responsible for migrating the Customer Data to a new location at Customer’s sole ri sk, cost and expense, and Customer
acknowledges that once Customer Data has been destroyed by Provider, it can no longer be recovered or otherwise restored.
Upon the expiration or earlier termination of a Service Order for Cloud Hosting Services, Customer may request and prepay
Provider for a period not to exceed 90 days during which Provider will not destroy the Customer’s Data (a “Transition Period”).
Customer may also request that Provider assist with the migration of Customer’s Data either prior to th e expiration or earlier
termination of the Agreement or during the Transition Period. Provider’s continued hosting or storage of Customer Data durin g a
Transition Period and any migration assistance provided by Provider shall be subject to the Parties’ ex ecution of a new order or an
amendment to the original Services Order (either, a “Transition Services Order”), and further shall be at Customer’s expense, as
provided for in the applicable Transition Services Order. Customer acknowledges that in the absence of a duly executed
Transition Services Order, all Customer Data stored by Provider as part of the Cloud Hosting Services will be irretrievably
destroyed in the manner specified in the first sentence of this Section 9.7(a).
(b) Cessation of Software Use. Immediately upon the expiration or earlier termination of the Agreement for Cloud
Hosting Services, Customer shall uninstall and discontinue all use of any software in respect of which a software license was
provided by Provider pursuant to the terminated or expired Agreement or otherwise in connection with Customer’s use of the
Cloud Hosting Services.
9.8 Service Level Agreement for Cloud Hosting Services. This Section 9.8 constitutes the service level agreement (“SLA”)
applicable to the Cloud Hosting Services. Customer expressly understands and agrees that Provider’s service level agreements for
lit fiber services and/or for wavelength and dark fiber services, do not apply to the Cloud Hosting Services. Instead, the SLA set
forth in this Section 9.8 is the only SLA applicable to the Cloud Hosting Services.
(a) Infrastructure and Service Availability. Provider shall use commercially reasonable efforts to make sure that the
Cloud and Datacenter Resources are available each calendar month according to the table below.
Service Availability
Bare Metal 100%
Colocation 100%*
IaaS (Astound Cloud and Astound Secure Cloud) 100%
BaaS (Astound Secure Cloud Backup) 100%
DRaaS (Astound Secure Disaster Recovery as a Service) 100%
Astound Secure Cloud Backup for Office 365 100%
Astound Secure Cloud Object Storage 100%
*This colocation availability SLA is exclusively applicable to infrastructure provided by Provider, and it applies only if th e
Customer provided equipment supports dual power connected to redundant A+B power circuits.
The Cloud Hosting Services will be deemed unavailable if (1) the Customer can neither transmit nor receive data to or from the
Cloud Hosting Services (where the inability to transmit or receive data is confirmed by way of Custom er documentation that verifies
said inability is due to an issue with Provider’s equipment), and (2) such inability has been communicated to Provider in sufficient
detail to enable Provider to open a case in respect thereof. The Cloud Hosting Services shal l not be deemed unavailable (without
limitation) in the event of any one or more of the following:
February 17, 2026 J - 83
Services Addendum pg. 42
Astound Business Solutions, LLC 06/02/2025
(i) Any circumstances whatsoever which are not within the reasonable control of Provider or its subcontractor(s);
(ii) Force Majeure events;
(iii) Virus activity and/or hacking attempts;
(iv) In accordance with a court order or any requirements of any authority or other competent local authority;
(v) Periods of scheduled or emergency maintenance on Provider-provided infrastructure of which the Customer has
been notified;
(vi) Failure or malfunction of the Customer’s (or Customer’s end-user’s) connection to the Provider Network (e.g. via
the public internet or the Customer’s own network) or related problem beyond the Provider Network
Demarcation Point;
(vii) Failure or malfunction of equipment, software, or other technology not owned or controlled by Provider;
(viii) Failure to comply with any terms of the then-current Cloud Hosting Service Schedule and/or Cloud Hosting AUP;
(ix) Failure or malfunction caused by Customer over-provisioning Reserved Resources in excess of the specifications
set out on the Work Order;
(x) A malfunction that results from inconsistencies in the environment or unavailability that result from changes in
the Customer's source environment, including either intentional or accidental connection or disconnections to
the environment;
(xi) A malfunction that results from any action or inactions of Customer or any third party;
(xii) A malfunction that results from anyone gaining access to the Cloud Resources by means of Customer’s passwords
or equipment;
(xiii) Any failure to restore an environment from a Cloud Backup file chain in Astound Cloud Services (Astound Secure
Cloud Backup with Veeam only); or
(xiv) Unavailability of any management console or APIs.
In the event Customer experiences unavailability or any other problems with Customer’s Cloud Hosting Services, Customer must
contact Provider’s network operations center (“NOC”) and open a Trouble Ticket regarding the problem. The duration o f any
unavailability or other failure to meet the target metrics set forth in this SLA commences when Customer opens a Trouble Tick et
regarding the problem and ends when the problem has been resolved and the Cloud Hosting Services are again functioning
properly.
(b) Cloud Storage Service Performance.
(i) Storage Performance Target. Provider may offer different storage types with targeted performance
according to the following chart:
Storage Type Average Performance Average Response Time Target (Read/Write)
Advanced/Accelerated Storage 500 IOPS per TB 1 ms (millisecond)
SSD Storage 2000 IOPS per TB 1 ms (millisecond)
(ii) Storage Performance Limits. The storage is capable of very high IOPS, and that enables Provider to allow
Customers to occasionally burst IOPS over the guaranteed aggregated average IOPS for no additional charge. However, if Provider
determines, in its sole discretion, that the Customer's IOPS bursting is excessive or detrimental to overall storage performa nce,
then, Provider will notify the Customer about the excessive bursting and work with the Customer to: (1) correct the issue causing
the excessive bursting, or (2) upgrade to the next available storage tier. If the Customer and Provider cannot come to a resolution
February 17, 2026 J - 84
Services Addendum pg. 43
Astound Business Solutions, LLC 06/02/2025
within 30 days after the notice, Provider shall, at its sole discretion, rate limit such IOPS until the Customer can correct the issue
causing the excessive bursting.
(c) DRaaS Service Performance.
(i) Recovery Time Objective (RTO). Once the Customer has completed a successful test of the then-current
Recovery Plan with Provider’s involvement, Provider shall use commercially reasonable efforts to ensure that Failover occurs at
the average rate of 1 Virtual Machine per minute; and
(ii) Recovery Point Objective (RPO). Customer's RPO is determined and reflected based on settings in the
replication engine software, and, as a result, Provider can only offer guarantee on best efforts in assisting Customer to ach ieve
that RPO dependent on Customer’s bandwidth and configuration.
Type SLA
Recovery Time Objective (RTO) Average of 1 Virtual Machine per Minute
Recovery Point Objective (RPO) Based on Recovery Group settings
(d) Technical Ticket Response Service Performance. Provider shall use commercially reasonable efforts to make sure
that the Technical Ticket Response Management process adheres to the Targets set out in the chart below.
Severity Description Initial
Response
Target
Resolution
Target
Response
Target
Severity 1 Production system down: A service is "down" or there
is a critical impact to the customer's business
operations.
< 15 mins < 2 hrs 100%
Severity 2 System impaired: Customer's business has moderate
loss or degradation of services and can reasonably
continue in an impaired or restricted manner.
< 30 mins < 4 hrs 100%
Severity 3 General guidance: Customer has a general question or
need help using an Astound product/service.
< 2 hrs < 16 hrs 100%
(e) Billing Credits. If Provider does not meet its obligations under the terms of this SLA during a particular month
during the Service Term, Provider shall, at the Customer’s request, provide the applicable service credit (“Credit”) set out in the
chart below. The Credits in this Section shall not apply to Customers that have contracted with Provider through eith er a Veeam
Service Agreement or a third party Reseller.
Condition Billing Credit
Monthly Uptime Percentage < 100.00% and >=
99.95%
1% of Monthly Service Fee Billed for Affected Cloud/Data Center Resource
Monthly Uptime Percentage < 99.95% and >=
99.00%
5% of Monthly Service Fee Billed for Affected Cloud/Data Center Resource
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Services Addendum pg. 44
Astound Business Solutions, LLC 06/02/2025
Monthly Uptime Percentage < 99.00% and >=
98.00%
10% of Monthly Service Fee Billed for Affected Cloud/Data Center Resource
Monthly Uptime Percentage < 98.00% 15% of Monthly Service Fee Billed for Affected Cloud/Data Center Resource
The following conditions must be met to be eligible for Credits:
(i) To be eligible for any SLA-related Credit, Customer must be current in its financial obligations to
Provider. A Credit shall be applicable and issued only if the aggregate amount of Credits for the applicable monthly billing cycle is
greater than ten dollars ($10 USD). Provider shall only apply Credit against future payments otherwise due from Customer. C redits
are not transferable or redeemable for cash. Credits may not be transferred or applied to any other account.
(ii) To request a Credit, the Customer must submit a written request for the Credit to Customer’s account
manager within fifteen (15) days after the end of the calenda r month in which the incident giving rise to the Credit occurred.
Customer’s request must include the following information: (1) Customer name and contact information; (2) Trouble Ticket
number(s); (3) the date and beginning/end time of the claimed outage or failed SLA metric; and (4) a brief description of the
characteristics of the claimed outage or failed SLA metric. If Customer fails to timely submit, pursuant to the procedure described
in this Section, a request for any SLA-related Credit for which Customer might otherwise be eligible under this SLA, Customer shall
be deemed to have waived its right to receive such Credit. The Credits provided by this SLA are Customer’s sole and exclusiv e
remedies for any and all claims or complaints regarding the quality and/or availability of any of the Cloud Hosting Services to
which this SLA applies.
(iii) All claims for SLA-related Credits and other remedies are subject to evaluation and verification by
Provider. Upon receiving a claim for SLA-related Credit or other remedy, Provider will evaluate the claim and respond to Customer
within thirty (30) days. If Provider requires additional information in order to evaluate Customer’s claim, Provider will no tify
Customer by email specifying what additional information is required. Customer will have fifteen (15) days from the date on which
it receives Provider’s request for additional information in which to provide the requested information. If Customer fails t o provide
the additional information within that time period, Customer will be deemed to have abandoned its claim. Provider will promptly
notify Customer of Provider’s resolution of each Customer claim. If Customer’s claim for an SLA -related Credit or other remedy is
rejected, the notification will specify the basis for the rejection. If Customer’s claim for a Credit is approved, Provider will issue the
Credit to Customer’s account, to appear on the next monthly invoice. Provider’s good faith determination regarding whether o r
not a Credit is due shall be final.
(iv) Total Credits for any given calendar month shall not exceed 100% of the MRC for the affected Cloud
Hosting Services. Credits shall not be cumulative with respect to any given incident; instead, if multiple SLAs are violated during a
single incident, Customer shall be entitled only to the largest applicable Credit amount. This SLA will not apply and Customer will
not be entitled to any Credit under this SLA for any impairment of the Cloud Hosting Services that is caused by or due to any of the
following: (i) the acts or omissions of Customer, its agents, employees, contractors, or Customer’s end -users, or other persons
authorized by Customer to access, use or modify the Cloud Hosting Services; (ii) the failure of or refusal by Customer to reasonably
cooperate with Provider in diagnosing and troubleshooting problems with the Cloud Hosting Services; (iii) scheduled service
alteration, maintenance or implementation; (iv) the failure or malfunction of network equipment or facilities not owned or
controlled by Provider; or (v) Force Majeure Events.
ARTICLE 10 – DARK FIBER SERVICE PROVISIONS
If Customer receives dark fiber Services (“Dark Fiber Services”) from Provider, then, in addition to the provisions of the applicable
Agreement, Customer’s use of Provider’s Dark Fiber Services is also subject to the terms and conditions of this Article 10:
10.1 Grant of License. Beginning on the Service Commencement Date for each segment of dark fiber (as determined pursuant
to the applicable provisions of the Agreement), and continuing through the Service Term of the Agreement, Provider grants to
Customer, and Customer accepts from Provider, a license (the “License”) to use the specified number of dark fiber strands on the
February 17, 2026 J - 86
Services Addendum pg. 45
Astound Business Solutions, LLC 06/02/2025
segment(s) specified in the Agreement (the “Licensed Fibers”) by accessing same solely at the A Location and Z Location end points
(the “End Points”) specified in the Agreement. Customer is not permitted to access the Licensed Fibers at any location other than
the End Points. The License does not include any right on Customer’s part to: (i) own, control, possess, encumber, repair or
maintain, or cause or permit any lien to attach to the Licensed Fibers, any Provider -owned equipment, or any other property of
Provider; or (ii) use or access any of the other fiber optic strands that may be in the same cable bundle as the Licensed Fibers.
10.2 Route of Licensed Fibers. Provider shall at all times have full and complete discretion to choose the route along which
the Licensed Fibers are installed between the End Points. That route will not necessarily be the most direct route between the End
Points. Provider may, from time to time, elect to change the route along which the Licensed Fibers are installed. So long a s the
technical specifications for each Fiber Route continue to be met, Customer shall have no authority to approve or disapprove of any
particular installation route. In the event of any route relocation, Provider shall use commercially reasonable efforts to m inimize
the disruption to Customer’s use of the Licensed Fibers.
10.3 Provider’s Retained Rights. Provider retains the exclusive right to provide services using, or to sell or lease to other
customers or end-users any fibers (other than the Licensed Fibers) contained in the sam e cable bundle as the Licensed Fibers.
Provider shall not use the Licensed Fibers during the Service Term of the Agreement.
10.4 Standard Technical Specifications. Provider’s dark fiber will typically comply with the following specifications: (i) the
maximum bi-directional average splice loss shall not exceed 0.15 dB; and (ii) the attenuation shall not exceed 0.25 dB/km when
measured at a wavelength of 1550 nm. If the Agreement contains different technical specifications from those listed above, t he
technical specifications set forth in the Agreement will control.
ARTICLE 11 – REMOTE VIRTUAL OFFICE SERVICE PROVISIONS
If Customer receives remote virtual office Services (“Remote Virtual Office Services”) from Provider, then, in addition to the
provisions of the applicable Agreement, Customer’s use of Remote Virtual Office Services is also subject to the terms and conditions
of this Article 11:
11.1 Component Services. Provider’s Remote Virtual Office Services comprise a combination of Advanced Security Services
(see Article 3), Hosted Voice Services (see Article 5), Video Conferencing Services (see Article 6), as well as any other optional add-
on Services selected by Customer as specified in the applicable Agreement. Accordingly, the provisi ons of this Services Addendum
that apply to the component Services comprising Remote Virtual Office Services also apply to the Remote Virtual Office Servic es.
11.2 End-Users.
(a) In General. Provider’s Remote Virtual Office Services are available for purchase by Provider’s business customers
with the intention that the business customer will deploy the individual seat packages to members of its end -user work force.
Provider’s Remote Virtual Office Services are intended to permit those end -users to perform their work activities from their homes
or other locations that are geographically separate from the Customer’s office space. Thus, the actual users of Remote Virtu al
Office Services will generally be the Customer’s employees and/or contractors (the “End-Users”).
(b) No Contractual Relationship Between End-Users and Provider. Notwithstanding that the End-Users will be the
actual users of Remote Virtual Office Services, there is no contractual relationship between Provider and any one or more of the
End-Users. Instead, the contractual relationship with respect to the Remote Virtual Office Services is solely between Provider a nd
the Customer that executes the Agreement with Provider for the Remote Virtual Office Services. Customer is responsible to
Provider for all activities performed by its End-Users using the Remote Virtual Office Services, including any unauthorized or illegal
use or activities, and including the repair and/or replacement of any equipment (whether owned by Provider or Customer) tha t is
damaged while in the End-User’s possession. Accordingly, it is Customer’s responsibility to ensure that all of Customer’s End -Users
comply with the terms of the Agreement and this Services Addendum, and any other applicable Provider policies.
February 17, 2026 J - 87
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Astound Business Solutions, LLC 06/02/2025
(c) Technical Support for End-Users. Provider does not provide direct technical support for Remote Virtual Office
Services to any End-Users. Instead, Provider will provide any needed technical support only to Customer directly. It is solely
Customer’s responsibility to provide technical support to its own End-Users.
11.3 Underlying Internet Connection Required. Remote Virtual Office Services are cloud-hosted Services that require an
underlying Internet connection in order to operate. The underlying Internet connection does not need to be provided by Provider;
it may be provided by any Internet access provider. However, the Remote Virtual Office Services will not function if the End -User
does not have an active connection to the Internet. Customer expressly acknowledges and agrees that each End-User is responsible
for obtaining and maintaining his/her own underlying Internet access connection, and that Provider has no liability or respon sibility
whatsoever for any End-User’s Internet access connection.
11.4 Performance of Remote Virtual Office Services. Because Remote Virtual Office Services rely on the End -User’s Internet
connection to operate, the performance each End -User of the Remote Virtual Office Services experiences at any given time may
vary and fluctuate depending on the attributes of that End-User’s underlying Internet access connection.
11.5 Purchased Equipment. Remote Virtual Office Services may require the purchase of certain auxiliary equipment, such as
headsets, HD video cameras, desktop phones, tablets, or other devices (the “Purchased Equipment”), that become the property
of Customer upon delivery of the equipment to the End-User. Upon the End-User’s acceptance of the Purchased Equipment, the
Purchased Equipment shall become and remain Cu stomer’s personal property. As between Provider and Customer, Customer
shall be solely responsible for the repair and maintenance of all Purchased Equipment and any and all obligations and liabili ties
associated therewith. CUSTOMER ACKNOWLEDGES THAT THE PURCHASED EQUIPMENT IS NOT MANUFACTURED BY PROVIDER
AND THAT PROVIDER DOES NOT SUPPORT AND SHALL HAVE NO MAINTENANCE OBLIGATIONS OR OTHER LIABILITY REGARDING
SAME. PROVIDER WILL EITHER DELIVER THE MANUFACTURER’S WARRANTY FOR THE PURCHASED EQUIPMENT DIRECTLY TO
CUSTOMER OR PASS THE MANUFACTURER’S WARRANTY THROUGH TO CUSTOMER AS-IS, DEPENDING ON THE APPLICABLE
MANUFACTURER’S POLICY. PROVIDER HEREBY ASSIGNS TO CUSTOMER ALL OF THE MANUFACTURERS’ WARRANTIES AND
INDEMNITIES RELATING TO THE PURCHASED EQUIPMENT TO THE EXTENT PROVIDER IS PERMITTED BY THE MANUFACTURER TO
MAKE SUCH ASSIGNMENT TO CUSTOMER. SUCH ASSIGNMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS IMPOSED BY
THE MANUFACTURER WITH RESPECT THERETO. CUSTOMER’S REMEDY FOR DEFECTIVE PURCHASED EQUIPMENT SHALL BE AS SET
FORTH IN THE APPLICABLE MANUFACTURER’S WARRANTY, WHICH IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH
OF AN EQUIPMENT WARRANTY. PROVIDER DOES NOT EXTEND ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EITHER TO CUSTOMER OR TO CUSTOMER’S
END-USERS, FOR ANY PURCHASED EQUIPMENT PURCHASED BY CUSTOMER, NOR SHALL PROVIDER HAVE ANY LIABILITY FOR ANY
LOSS, DAMAGE, OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM CUSTOMER’S (OR ITS END-USERS’) USE OF (OR INABILITY
TO USE) THE PURCHASED EQUIPMENT. Any questions concerning or requests for maintenance or repair of the Purchased
Equipment should be directed to the manufacturer of the Purchased Equipment at issue. If Purchased Equipment impairs use of
the Remote Virtual Office Services by Customer or any End-User, Customer will remain liable for payment of the Fees for the
Remote Virtual Office Services. If, at Customer’s request, Provider attempts to resolve difficulties caused by Purchased Equipment,
Customer will be responsible for Provider’s then-current commercial rates and terms for such consulting services on a time and
materials basis.
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February 17, 2026 J - 88
ORDER FOR DARK FIBER SERVICES: OP458676 pg. 1
Astound Business Solutions, LLC / City of Port Angeles 07/28/2025
FG: 110033631.2
ORDER FOR DARK FIBER SERVICES
OP458676
This Order for Dark Fiber Services: OP458676 (this “Service Order”) is entered into as of the date of last signature below (the
“Effective Date”), by and between ASTOUND BUSINESS SOLUTIONS, LLC, a Delaware limited liability company, acting on behalf of itself
and as agent for its Affiliates (collectively, “Provider”), and the CITY OF PORT ANGELES, a Washington municipal corporation
(“Customer”). This Service Order is made pursuant to and will be governed by that certain Master Services Agreement for Enterprise
Services – Governmental Customer by and between Provider and Customer dated _____________________, 2025 (the “MSA”). All
capitalized terms used but not defined in this Service Order shall have the meanings given to them MSA.
Section 1: Initial Service Term. The Initial Service Term for all of the Services described in this Service Order is sixty (60) months.
Section 2: Dark Fiber Services. Provider shall provide to Customer the dark fiber services set forth in the following table (each, a
“Service”). The Services shall connect the Service Sites set forth below, using the number of dark fiber strands described below, in
exchange for the one-time, non-recurring installation charges (“NRC”), and the monthly recurring charges (“MRC”) set forth below:
Fiber Route
Identifier
A Location
End Point
Z Location
End Point
Description of
Fiber NRC MRC
PS 2 Fiber
Route
PS 2
109 South Cherry Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
PS 3 Fiber
Route
PS 3
1506 Marine Drive
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
PS 4 Fiber
Route
PS 4
314 Marine Drive
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
PS 5 Fiber
Route
PS 5
219 E. 2nd Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
PS 6 Fiber
Route
PS 6
933 Church Avenue
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
PS 7 Fiber
Route
PS 7
2250 W. 19th Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
Attachment 2 - Draft
February 17, 2026 J - 89
ORDER FOR DARK FIBER SERVICES: OP458676 pg. 2
Astound Business Solutions, LLC / City of Port Angeles 07/28/2025
FG: 110033631.2
PS 8 Fiber
Route
PS 8
1312 South H Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
PS 9 Fiber
Route
PS 9
226 South Del Guzzi Drive
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
PS 10 Fiber
Route
PS 10
1829 ½ W. 12th Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
PS 11 Fiber
Route
PS 11
10 Eclipse Industrial Parkway
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
PS 12 Fiber
Route
PS 12
150 N. Brook Avenue
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
PS 13 Fiber
Route
PS 13
740 N. Masters Road
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
PS 14 Fiber
Route
PS 14
1100 P Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
Bldg A SCADA
Fiber Route
Bldg A (WWTP SCADA)
3501 W. 18th Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
WasteWater
Treatment
Fiber Route
WasteWater Treatment
1509 Columbia Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
2 strands single
mode dark
fiber
$0 $550
Peabody Res.
Fiber Route
Peabody Reservoir
601 Viewcrest Avenue
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
February 17, 2026 J - 90
ORDER FOR DARK FIBER SERVICES: OP458676 pg. 3
Astound Business Solutions, LLC / City of Port Angeles 07/28/2025
FG: 110033631.2
Mill Creek Res.
Fiber Route
Mill Creek Reservoir
326 E. Scribner Road
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
Jones Street
Res. Fiber
Route
Jones Street Reservoir
1211 E. Lauridsen Blvd
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
Fairmount PS
Fiber Route
Fairmount Pump Station
4379 South C Street Extension
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
ELWHA
Treatment
Fiber Route
ELWHA Treatment
326 Crown Zee Road
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
E Street Res.
Fiber Route
E Street Reservoir
1018 S. E Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
Black
Diamond Res.
Fiber Route
Black Diamond Reservoir
203 Reservoir Road
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
PA Water
Treatment
Fiber Route
PA Water Treatment Plant
3501 W. 18th Street, Bldg. J
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
2 strands single
mode dark
fiber
$0 $550
Substation A
Street Fiber
Route
Substation A Street
1616 A Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
Substation
College Fiber
Route
Substation College
1306 E. Park Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
Substation F
Street Fiber
Route
Substation F Street
1604 S. F Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
February 17, 2026 J - 91
ORDER FOR DARK FIBER SERVICES: OP458676 pg. 4
Astound Business Solutions, LLC / City of Port Angeles 07/28/2025
FG: 110033631.2
Substation I
Street Fiber
Route
Substation I Street
1538 W. 7th Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
Substation
Laurel Fiber
Route
Substation Laurel
110 E. 14th Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
Substation
Valley Fiber
Route
Substation Valley
206 S. Valley Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
Substation
Washington
Fiber Route
Substation Washington
224 S. Washington Street
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
Light Ops
Fiber Route
Light Operations
1734 W. Highway 101
Port Angeles, WA 98363
Demarc:
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
2 strands single
mode dark
fiber
$0 $550
Corp Yard
Admin Fiber
Route
Corp Yard Admin
1703 South B Street
Port Angeles, WA 98363
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
Fire Dept Fiber
Route
Fire Department
102 E. 5th Street
Port Angeles, WA 98362
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
Park Shop
Fiber Route
Park Shop (new)
2602 W. 19th Street
Port Angeles, WA 98363
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
Peabody/1st
Fiber Route
Peabody/1st
48.116856 -123.427898
Port Angeles, WA 98362
City Hall (HUB Site)
321 E. 5th Street
Port Angeles, WA 98362
Demarc:
1 strand single
mode dark
fiber
$0 $275
TOTAL COST: $0 $10,450
Section 3: Customer’s Option to Cancel Dark Fiber Services. Customer shall have the right, at any time during the Initial Service Term
under this Service Order, to cancel up to four (4) of the dark fiber routes provided to Customer pursuant to this Service Order (the
“Cancellation Option”). If Customer cancels any dark fiber services under this Service Order pursuant to this Cancellation Option,
Provider shall waive the Termination Charge associated with the cancellation of the specified dark fiber route. To exercise this option,
Customer must give Provider no less than thirty (30) days’ advance written notice of the cancellation, which notice shall specify which
dark fiber route Customer wishes to cancel.
February 17, 2026 J - 92
ORDER FOR DARK FIBER SERVICES: OP458676 pg. 5
Astound Business Solutions, LLC / City of Port Angeles 07/28/2025
FG: 110033631.2
Section 4: Single Mode Dark Fiber Definition. Single-mode dark fiber refers to unused (unlit) single-mode optical fiber that has been
installed but is not currently carrying any optical signals. The fiber itself is physically in place, but no active Astound networking
equipment (such as lasers, transceivers, or amplifiers) is connected at either end. Customer is responsible for procuring, installing, and
maintaining all optronic equipment needed to "light" the fiber to enable data transmission.
Section 5: Account Escalation List. Attached is an Account Contact Escalation List dated January 23, 2026, a CNOC Escalation Contact
List dated November 5,2024 and the City Information Technology Escalation Contact List dated January 27, 2026. The Parties will
update the Lists periodically and upon Astound’s or Customer’s request as changes occur.
This Service Order will become effective only when both Parties have signed it. The date this Service Order is signed by the last Party
to sign it (as indicated by the date associated with that party’s signature) will be deemed the Effective Date of this Service Order.
CUSTOMER:
CITY OF PORT ANGELES
By
Name:
Title:
Date:
PROVIDER:
ASTOUND BUSINESS SOLUTIONS, LLC
By
Name:
Title:
Date:
February 17, 2026 J - 93
Date: February 17, 2026
To: City Council
From: Scott Curtin, Director of Public Works & Utilities
Subject: Utility Easement & Subordination Agreement between the Port of Port Angeles and the
City of Port Angeles
Relationship to Strategic Plan:
The 2025-2026 Strategic Plan (Resolution 10-24) was approved by the City Council on October 1, 2024.
This proposal directly aligns with Strategic Focus Area #4 – Infrastructure Development, Maintenance,
and Connectivity.
Background / Analysis: The Port of Port Angeles, Grantor, is granting to the City of Port Angeles,
Grantee, a utility easement to place, locate, construct, operate, repair, maintain, replace, and keep clear
underground sanitary sewer, water, and electric transmission systems across the William R. Fairchild
International Airport land (Airport).
This easement is located within the approach runway protection zone (RPZ), and as such runs through
restricted space on the airfield. This requires coordination with airfield personnel prior to accessing the
easement and performing any work or maintenance. This is the reason for the subordination of rights
indicated within the agreement. To prevent the City from just driving into and through restricted areas,
which could cause safety concerns for the Federal Aviation Administration (FAA). Public Works staff in
coordination with Port personnel will be developing a standard operating procedure (SOP) detailing the
steps and contact information to be used to schedule access to the area.
Lastly, this easement will support utility connection and future growth within the Western UGA.
Summary: Staff is seeking City Council approval for a Utility Easement and Subordination Agreement
between the Port of Port Angeles, Grantor, and the City of Port Angeles, Grantee, granting an easement
consisting of a right of way thirty (30) feet in width and two thousand two hundred twenty-nine (2,229)
feet in length, for underground sanitary sewer, water and electric transmission systems across the William
R. Fairchild International Airport land.
Strategic Plan: This proposal directly aligns with Strategic Focus Area #4 – Infrastructure
Development, Maintenance, and Connectivity.
Funding: Unspent funds from the 2025 fiscal year are available from the water and wastewater
professional/contract services budget (402-7380-534-4150 and 403-7480-535.41-50). Funding for this
easement will be split between both utilities in the amount of $12,500.00 for a total amount of
$25,000.00. A budget amendment will be required for inclusion in the 2026 Budget.
Recommendation: 1) Approve a Utility Easement and Subordination Agreement between the Port of
Port Angeles and the City of Port Angeles in the amount of $25,000.00, and 2) authorize the City
Manager to sign all easement-related documents, to administer the easement, and to make minor
modifications as necessary.
February 17, 2026 J - 94
Funding Overview: Unspent funds from the 2025 fiscal year are available from the water and
wastewater professional/contract services budget (402-7380-534-4150 and 403-7480-535.41-50). Funding
for this easement will be split between both utilities in the amount of $12,500.00 for a total amount of
$25,000.00. A budget amendment will be required for inclusion in the 2026 Budget.
Attachment:
Utility Easement & Subordination Agreement
Appraisal
February 17, 2026 J - 95
Page 1 of 4
After Recording, return to:
City of Port Angeles
Public Works and Utility Engineering
321 E. 5th St.
Port Angeles, WA. 98362
UTILITY EASEMENT &
SUBORDINATION AGREEMENT
Grantor(s): Port of Port Angeles
Grantee(s): City of Port Angeles, Washington
County Tax Parcel: 063000117305
For fair and valuable consideration, as acknowledged by the Parties, and expressly conditioned upon the terms and conditions
stated herein, the GRANTOR Port of Port Angeles, a municipal corporation, and the owner of the William R. Fairchild
International Airport land, hereinafter referred to as “Airport”, land below described, hereby grants to the City of Port Angeles, a
municipal corporation, (“GRANTEE”), an easement consisting of a right of way thirty (30) feet in width and two thousand two
hundred twenty-nine (2,229) feet in length, more or less, under, over and across that certain land in Clallam County, State of
Washington, as more particularly described as follows and as shown on Exhibit A and Exhibit B attached hereto and by this
reference made a part hereof:
A PORTION OF SUBURBAN LOTS 174 AND 173, LYING SOUTHERLY OF THE RIGHT-OF-WAY OF THE CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY AND 189 THROUGH 195 INCLUSIVE OF THE
TOWNSITE OF PORT ANGELES, TOGETHER WITH ALL VACATED STREETS ADJOINING (“EASEMENT AREA”)
1.Use. The Grantee shall have the right to place, locate, construct, operate, repair, maintain, replace and keep clear thereon
underground sanitary sewer, water and electric transmission systems, together with such other accessories, appurtenances
and equipment as may be placed thereon by the Grantee on or under the surface of the Easement Area. Grantee shall not use
the Easement Area for any purpose other than expressly set forth herein and except upon the prior written consent of the
Grantor, which shall not be unreasonably withheld. The Grantor(s) shall not erect or place any structure, building, tree or
shrub on the Easement Area that would interfere with Grantee’s Use. The Grantee and the Grantor shall not occupy or use
the Easement Area in a manner inconsistent with or interfering with the rights and privileges herein granted.
2.Consideration to Benefit Airport. In consideration of the easement rights granted herein, the GRANTEE agrees to pay to the
GRANTOR the sum of $25,000, representing the fair market value of the easement as determined by appraisal. Payment
shall be made upon execution of this agreement. This fair market value payment is Airport revenue and will be used by the
GRANTOR for the Airport’s benefit.
3.Subordination. For the GRANTOR to acquire development funds from the Federal Aviation Administration (FAA) it is
required that the GRANTEE will subordinate its rights under this easement to Airport use and development and will not, in
the maintenance, repair, removal, relocation or replacement of its said utilities within the easement, go upon the
GRANTOR’S said Airport property or in any manner interfere with or interrupt the use or operation of said Airport or its
attendant facilities, without prior coordination with, and the approval of, the GRANTOR; and the GRANTOR shall not
unreasonably withhold such approval. In the event of any conflict between this agreement and the federal grant assurances
accepted by the GRANTOR, the grant assurances shall govern.
4.FAA Filing. The GRANTEE, in coordination with the GRANTOR, shall file a notice consistent with the requirements of
FAR Part 77 (FAA Form No. 7460-1) before constructing any maintenance or improvement within said easement.
5.Reversionary Rights. If in the future the utility easement is abandoned by the GRANTEE, the rights conveyed to the
GRANTEE by this easement will thereupon revert to the GRANTOR, and this easement shall be void.
6.Damage. Grantor and Grantees shall be responsible for any damage they may cause to the Easement Area. The Party
responsible for such damage shall promptly make all needed repairs, restoring the Easement Area to its condition prior to the
damage, provided however Grantor shall be responsible solely to the extent any such Grantor damage impedes either or both
Grantees’ intended use of the Easement Area or ingress and egress to the Easement Area as described herein.
7.Successors & Assigns. The rights and obligations herein granted shall inure to Grantee's successors and assigns, including
any party which Grantee may grant through contract.
_____________________________________________ ________________________________________
Grantor Port of Port Angeles Title Date
_____________________________________________ ________________________________________
Grantee City of Port Angeles Title Date
February 17, 2026 J - 96
Page 2 of 4
STATE OF WASHINGTON}
COUNTY OF CLALLAM } ss.
I certify that I know or have satisfactory evidence that _____________ is the person who appeared before me,
and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute
the instrument, and acknowledged it as the _____________of the Port of Port Angeles to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this _______ day of ___________________, __________.
Printed Name of Notary:
Notary Public in and for the State of Washington
Residing at
My commission expires on
STATE OF WASHINGTON}
COUNTY OF CLALLAM } ss.
I certify that I know or have satisfactory evidence that _____________ is the person who appeared before me,
and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute
the instrument, and acknowledged it as the _____________of the City of Port Angeles to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this _______ day of ___________________, __________.
Printed Name of Notary:
Notary Public in and for the State of Washington
Residing at
My commission expires on
February 17, 2026 J - 97
Page 3 of 4
February 17, 2026 J - 98
Page 4 of 4
Exhibit B – Survey
February 17, 2026 J - 99
1
DP2507240 Deer Park Appraisal Port of Port Angeles
APPRAISAL REPORT
OF
City of Port Angeles Utility Easement
XXX South Critchfield Road
Port Angeles, WA 98363
PREPARED FOR Port of Port Angeles c/o Jesse Waknitz, Environmental Manager 202 N Cedar Street Port Angeles, WA 98362
AS OF August 18, 2025
PREPARED BY Deer Park Appraisal, LLC Jonquille de Chantal, MAI, SRA 292 Easy Street Port Angeles, WA 98362
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2
DP2507240 Deer Park Appraisal Port of Port Angeles
Deer Park Appraisal, LLC
292 Easy Street Port Angeles, WA 98362 360-775-0995
Jonquille B. de Chantal, MAI, SRA
Email: deerparkappraisal@yahoo.com September 1, 2025 Port of Port Angeles c/o Jesse Waknitz, Environmental Manager 202 N Cedar Street Port Angeles, WA 98362 RE: City of Port Angeles Utility Easement XXX South Critchfield Road Port Angeles, WA 98363 Dear Jesse Watnitz, Thank you for the opportunity to value the above captioned property. At your request we have personally inspected the subject property, formed an opinion of value and completed an appraisal report. We have estimated the fair market value of the proposed utility easement for buried sewer, water and power lines. This report was presented as a comprehensive narrative written in compliance with the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation and the Standards of Professional Ethics of the Appraisal Institute. This appraisal is intended for use by the Port of Port Angeles and the Federation Aviation Administration in granting an easement to the City of Port Angeles. As an easement is considered a partial acquisition, we have utilized the before/after appraisal methodology to determine the impact on value to the subject parcel for placement of the utility easement. The opinion of “As Is” market values in this report are subject to the hypothetical condition and assumptions and limiting conditions in the report or addendum. The effective date of our “As Is” value opinion is August 18, 2025.
Market Value Conclusion
Value Scenario Value Conclusion
Proposed Easement $25,000 Respectfully,
Jonquille de Chantal, MAI, SRA Tiroovassen Poovathal Certified General Real Estate Appraiser State Registered Real Estate Appraiser Trainee License #1102127 Washington License #20100506 Washington
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DP2507240 Deer Park Appraisal Port of Port Angeles
TABLE OF CONTENTS
Title Page 1
Letter of Transmittal 2 Summary of Salient Facts and Conclusions 4 Scope of Work 5
Market Overview 9 Subject’s Zoning and Highest & Best Use 22
Subject Description 28 Subject Photos 39
Valuation 42 Before Condition 43 After Condition 60 Reconciliation 62 Appraiser’s Certification 64
Addenda 66 Assumptions & Limiting Conditions 67 Appraiser’s Qualifications 70
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DP2507240 Deer Park Appraisal Port of Port Angeles
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
PROPERTY IDENTIFICATION
Address XXX South Critchfield Road Port Angeles, WA 98363 Assessor’s Parcel Number 063000117305 Land Area 1.536 acres (66,908 sf) Improvements Commercial buildings, runway. Zoning IL: Industrial Light Jurisdiction Clallam County Highest and Best Use Industrial
VALUES
Market Value Conclusions
Value Scenario Value Conclusion
Proposed Easement $25,000
EXTRAORDINARY ASSUMPTIONS: NONE This appraisal does not employ any extraordinary assumptions.
HYPOTHETICAL CONDITIONS: YES This appraisal employs the hypothetical condition for the purposes of the before/after valuation that the subject improvements do not exist.
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DP2507240 Deer Park Appraisal Port of Port Angeles
SCOPE OF WORK
The scope of work used in preparing this appraisal is included throughout this report in the
various descriptions and analysis. The following bullet points give an overview of the scope of
work, while more detailed descriptions are included in the appropriate sections of the report.
The general scope is shown below:
• A physical inspection of the property was undertaken by Jonquille B. de Chantal, MAI, SRA on August 18, 2025, in the presence of Jesse Waknitz from the Port of Port Angeles. The inspection included an onsite observation of the property in the area of the proposed easement. The easement length, width and total area were provided by the client.
• Interviews were conducted with market participants including real estate brokers, developers, and property owners, who were familiar with and active in the subject’s market.
• The subject’s current zoning was determined, and the highest and best use in the before and after scenarios were analyzed.
• The subject’s market was researched resulting in the gathering of information on comparable sales. Olympic Multiple Listing Service, Northwest Multiple Listing Service, Commercial Multiple Listing Service (CBA), and county records searches were conducted. Sufficient comparable data was available in the subject’s market. All comparable sales were personally confirmed with the listing and/or selling broker.
• The appraiser personally inspected and photographed all comparable sales used in this report.
• The available data was analyzed, and the sales comparison approach was utilized in a before/after of the subject property in order to determine the value impact of the proposed easement on the subject property.
• The appraisal report was completed in accordance with the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation, Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute.
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DP2507240 Deer Park Appraisal Port of Port Angeles
Property Identification Port of Port Angeles Airport Land XXX South Critchfield Road Port Angeles, WA 98363
Purpose of Appraisal
The purpose of this appraisal is to estimate the fair market value of the proposed utility easement on the subject property.
Effective Date of Appraisal This appraisal report, its analysis, opinions and the final expression of the market value of the proposed easement are specifically applicable to the effective date of value as of
August 18, 2025.
Appraisal Report
This is an Appraisal Report which is intended to comply with the reporting requirements set forth under Standards Rule 2-2a of the Uniform Standards of Professional Appraisal Practice (USPAP) for an Appraisal Report. As such, it presents summary discussions of the data, reasoning and analyses used in the appraisal process to develop the appraisers’ opinion of value. The appraisers are not responsible for unauthorized uses of this report.
Client and Intended User This appraisal report is intended for use by the client and Federal Aviation Administration.
Intended Use
The intended use of this appraisal report is to determine market value of the proposed utility easement for negotiations with the City of Port Angeles.
Property Rights Appraised This is an appraisal of the fee simple interest of the subject real estate in its current condition.
State Licensed Appraiser Jonquille de Chantal, MAI, SRA is a Washington State Certified General Real Estate Appraiser with the competency to complete this assignment.
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DP2507240 Deer Park Appraisal Port of Port Angeles
Personal Property
No value is extended to any personal property situated on site as of the date of inspection, if any. This includes freestanding equipment, signage, heavy machinery, office furniture and equipment or apartment furniture and appliances. Additionally, the appraiser places no value on any trade fixtures or intangible items that are not real property.
Sources of Information
This report contains information from sources that are deemed reliable but are not guaranteed by the appraiser. The appraiser has attempted to verify each source to the extent possible in the normal course of business. Sources include, but are not limited to: county assessor’s website, Olympic Multiple Listing Service, Northwest Multiple Listing Services, Commercial Multiple Listing Service (CBA website), FFIEC website, FEMA website, US Census Bureau website, city websites, chamber of commerce websites, school district websites, Washington State Department of Ecology website, telephone conversations with the county or city planning/land use offices, real estate agents/brokers, property managers, developers, information from our files, and information supplied by the borrower.
Market Value Market Value is defined as the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
• Buyer and Seller are typically motivated;
• Both parties are well informed and well advised, and acting in what they consider their own best interest;
• A reasonable time is allowed for exposure in the open market;
• Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto;
• The price represents the normal consideration for the property sold, unaffected by special/creative financing or sales concessions granted by anyone associated with the sale. Source: The Dictionary of Real Estate Appraisal, 7th Edition.
Extraordinary Assumptions
An assumption directly related to a specific assignment, which if found to be false, could alter the appraisers’ opinions or conclusions. They presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property, or
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DP2507240 Deer Park Appraisal Port of Port Angeles
about conditions external to the property. No extraordinary assumptions were used in this report.
Hypothetical Conditions Hypothetical conditions are those that are contrary to what currently exists but are supposed to be true for the purpose of the analysis. Hypothetical conditions assume conditions contrary to known facts, physical, legal, or economic conditions of the subject property, about conditions external to the subject property, or the integrity of the data used in an analysis. The subject property is currently improved with a runway and commercial/industrial buildings associated with the airport. This appraisal employs the hypothetical condition that these improvements do not exist. The existing improvements are not included in the valuation of the easement since the proposed utility easement will have no impact on these improvements or their use. It is our opinion that it does not detract from the ability to provide a credible opinion of the value impact on the subject due to the proposed utility easement because the improvements as well as their economic contribution to the underlying land remain unaltered from the before and after condition.
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DP2507240 Deer Park Appraisal Port of Port Angeles
MARKET OVERVIEW
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DP2507240 Deer Park Appraisal Port of Port Angeles
CLALLAM COUNTY
Regional Context
Clallam County occupies a long and narrow area in the most northwestern corner of Washington State. Encompassing part of the Olympic Peninsula, the county includes 1,738 square miles of mostly forested and mountainous land. Clallam County is full of natural wonders and many tourists and locals visit the Olympic National Park which attracted 2.43 million visitors in 2023. The region’s 200 miles of coastline have fostered the maritime and fishing industries. Traditionally, much of the economy of the county has reflected this natural abundance with jobs in forestry, wood products and fisheries. As demand has declined for some of the goods-producing and agricultural products in the county, the service sector, including leisure and tourism has grown in their place. The labor market continues to develop, benefiting from the region’s natural resources.
The T hree Largest Cities
In Clallam County and north Olympic Peninsula are Port Angeles, Sequim, and Forks. The population of Forks in 2023 was estimated at 3,475, a 1.6% growth since 2010. The population of Port Angeles in 2010 was 19,038 with an estimated population of 20,447 in 2023, a growth of 7.4%. The population of Sequim in 2010 was 6,596 with an estimated population of 8,641 in 2023 a growth of 31%.
Port Angeles
Located on the Olympic Peninsula, in the state of Washington, Port Angeles is the Clallam County seat and largest city. The city is situated on the northern edge of the Olympic Peninsula along the shore of the Strait of Juan de Fuca. It is bordered to the south by the Olympic National Park and is connected to the rest of Washington State by Highway 101. The south shore of Vancouver Island and the city of Victoria, British Columbia are visible across the Strait to the north. The Port of Port Angeles is a major employer through its tenants offering services in the marine industry, services and shipping for freighters, construction and repair
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DP2507240 Deer Park Appraisal Port of Port Angeles
in the boating industry and related businesses. Port Angeles Public School District has an approximant enrollment in 2022 of 3,440.
Sequim
Located along the Dungeness River near the base of the Olympic Mountains, this city has been increasing in population dramatically in recent years due to the influx of retirees from the Puget Sound region and California. Sequim lies within the rain shadow of the Olympic Mountains and receives on average less than 16 inches of rain per year—about the same as Los Angeles, California—and has given itself the nickname of Sunny Sequim. The city and the surrounding area are known for the commercial cultivation of lavender, supported by the unique climate, making Sequim the "Lavender Capital of North America", rivaled only in France. The area is also known for its Dungeness crab. Sequim School District serves Sequim with enrollment in 2022 of 2,529.
Forks
Located 73 miles west of Port Angeles on Highway 101, for many years, this city's economy was fueled by the local timber industry. With recent declines in the industry, Forks relies on the nearby Clallam Bay Corrections Center and Olympic Corrections Center as a source of jobs. Forks is a popular destination for sport fishers who fish for salmon and rainbow trout in nearby rivers and lakes and as a hub for visitors to Olympic National Park and the Pacific Ocean beaches. Quillayute School District serves Forks with enrollment of 3,367 as of 2022.
Economic Conditions
The county is primed to add jobs in many areas of the economy including healthcare, advanced composites, marine trades and outdoor tourism.
The Port of Port Angeles, the peninsula’s only deep-water port, supports local industry and employs office and trades staff which brings valued revenue into the community. Current projects at the port include a composites training institute. The port also handles an average of 60.5 million board-feet of logs per year.
Science and academic institutions in the county continue to research important topics and educate the next generation of the labor force. The Department of Energy’s Marine Sciences Laboratory is based at the Pacific Northwest National Laboratory in Sequim. Current projects at the lab include ocean energy development, impact of populations on marine environments and improved coastline security. The hope is to find a vibrant opportunity for growth in the areas of marine conservation and aquaculture. Peninsula College continues to be a vibrant part of the community by offering programs in fields of
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DP2507240 Deer Park Appraisal Port of Port Angeles
business, healthcare and the trades. It has three campus locations at Port Angeles, Port Townsend and Forks. The following has been excerpted from the Clallam County Profile of March 2021, by Jim Vleming, Regional Labor Economist of the Washington State Employment Security Department. Historically, much of the economy of Clallam County has been based upon jobs in forestry, wood products and fisheries. As demand has declined for some of the goods-producing and agricultural positions in the county, positions in leisure and tourism have grown in their place, continuing to develop a labor market that benefits from the region’s natural resources. Beyond established industries such as forest products, fisheries, and tourism, a vibrant port district in the county’s major coastal city of Port Angeles also brings economic vitality to the area. Sequim, Port Angeles’ neighboring city, has experienced growth in recent years catering to retirees who enjoy its “sun belt” climate. Over the past 20 years, the economy in Clallam County has experienced slow but steady growth. The service sector has experienced growth during this period. The county houses two prisons, a hospital and school district, which are the top employers. Forks became a tourism destination when the Twilight movies put it on the map. Advanced composites manufacturing companies have established facilities in and around the Port Angeles area, providing manufactured parts to the aerospace and marine industries. In 2020, Clallam County had a civilian labor force of approximately 29,744 individuals. The following data was provided by the Clallam County Economic Development Council. With the recovery under way, the county has many assets and advantages to continue revitalizing the economy and bringing more jobs to the community. These include: Trees grow well in the county and forest products continue to be a major export. Soils are productive throughout the county and the Sequim area maintains a century-old irrigation network to support both plant-based and animal-based agriculture.
• Port Angeles Harbor is a maintenance dredging-free deepwater port which is located on shipping routes for all Puget Sound and southern British Columbia ports.
• Sport and commercial fishing are well established industries.
• Olympic National Park and other locations throughout the county are a major tourism draw.
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DP2507240 Deer Park Appraisal Port of Port Angeles
• The climate and rural nature of Clallam County continues to draw a vibrant retirement population and provides a great place to raise a family.
• A privately owned passenger and vehicle ferry connects the county to Victoria, British Columbia.
• Peninsula College has strong academic and workforce programs, and Federal and State research facilities are located in the county.
• Telecommunications (including broadband service speed) are very good and the distribution continues to improve.
Wages and income In 2020, there were 22,328 jobs covered by unemployment insurance, with a total payroll of over $1 billion. The average annual wage was $45,547 below the state’s average annual wage of $76,801. The median hourly wage in 2020 was $22.52, below the state’s median hourly wage of $29.28 and the state excluding King County median hourly wage of $25.01.
Largest County Employers:
• Olympic Medical Center, largest employer in Clallam County 1,100 employees: 890 Olympic Medical Center employees, 165 Olympic Medical Physician employees, and 50 Olympic Medical Home Health employees
• Public School Districts of Port Angeles, Sequim and Forks
• Port of Port Angeles
• Dept of Energy Marine Science Lab in Sequim
• Peninsula College
Population
Clallam County’s population estimate in 2023 was 78,880, with an increase of 7,476 residents since the 2010 Census.
Population facts N/A Clallam County Washington state Population 2021 78,209 7,738,692 Population 2010 71,404 6,724,540 Percent change, 2010 to 2021 9.53% 15.08%
Educational Attainment
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DP2507240 Deer Park Appraisal Port of Port Angeles
Most of Clallam County residents age 25 and older (92.3 percent) were high school graduates, which compares with 90.4 percent of Washington State residents and 87.1 percent of U.S. residents during the period 2011-2015.
Those with a bachelor’s degree or higher made up 24.7 percent of Clallam County residents age 25 and older compared to 32.9 percent of state residents and 30.6 percent of U.S. residents during the same period.
CITY OF PORT ANGELES
Located on the Olympic Peninsula, in the state of Washington, Port Angeles is the Clallam County seat and largest city in the county with a population of 19,960 in 2020, to 20,101 in 2023, a less than one percent increase. The city is situated on the northern edge of the Olympic Peninsula along the shore of the Strait of Juan de Fuca. It is bordered to the south by the Olympic National Park and is connected to the rest of Washington State by Highway 101. The south shore of Vancouver Island and the city of Victoria, British Columbia are visible across the Strait to the north. Ediz Hook, a long, narrow natural sand spit projects north-easterly three miles into the Strait, creating a natural deep-water harbor shielded from storms and swells moving eastward down the Strait from the Pacific Ocean and is large enough to provide anchorage for ocean-going ships. The city is located in the rain shadow of the Olympic Mountains, which means it gets significantly less rain than other areas of western Washington. The average annual precipitation total is approximately 25 inches, compared to Seattle's 38 inches. Temperatures are heavily modified by the maritime location, with winter lows rarely below 25 degrees, and summer highs rarely above 80 degrees. The headquarters of Olympic National Park, which encompasses most of the Olympic Mountains, was established by President Franklin D. Roosevelt in 1938, and is located in Port Angeles. Close by are the Dungeness National Wildlife Preserve, Lakes Crescent and Sutherland, Sol Duc Hot Springs and numerous rivers, beaches and parks. Olympic Discovery Trail, for hiker, bicyclists and equestrians, is one of the longest trail systems in the nation.
William R. Fairchild International Airport is located in Port Angeles. Ferry service to Victoria, British Columbia, Canada operates year-round. Highway 101 increases to four lanes between Sequim and Port Angeles.
The local newspaper is the Peninsula Daily News, publishes six days a week and KONP is the local radio station. In Port Angeles is an award-winning symphony, a Fine Arts Center, which is a museum of contemporary art, and a new $4.2 million library constructed in 1997.
The Olympic Medical Center, based in Port Angeles, provides state-of-the-art diagnostic and surgical facilities and a broad range of ancillary services, including a new Walk-in
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Clinic. Several independent medical clinics are located throughout the community. The city also provides 24-hour advanced life support paramedical services to Port Angeles residents.
Port Angeles Public School District has approximately 3,440 students with 11 schools, 2 of them high schools. Peninsula College, with an enrollment nearing 4000, is located in Port Angeles, and offers standard associates degrees leading to a variety of in-demand careers as well as degrees for those who plan to transfer to a four-year school and offers its own bachelor’s degree program in Applied Management.
Port Angeles and Forks on the North Olympic Peninsula are locations involved in the Twilight book saga by Stephenie Meyer. Here also are the home bases of Rygaard Logging and Kelly Oakes Logging, featured in the hit TV program, “Ax Men” on the History Channel.
Economy Since 2005 the unemployment rate in Clallam County, Washington has ranged from 3.0% in June 2023 to 18.9% in April 2020. The current unemployment rate for Clallam County is 3.7% in June 2025, compared to the Washington State unemployment rate of 4.2 percent. The topic five sectors of employment by population are as follows: retail trade 16.44%, health care and social services 15.89%, manufacturing 9.64%, accommodation and food service 8.3%, and public administration 8.25%.
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During the COVID pandemic of 2020 to 2022, many businesses operated as usual with health measures taken, with the exception of those connected to the hospitality section or businesses which operated on group gatherings. Food service businesses catering to takeout and delivery continued to operate, with many others adding outdoor seating, takeout, and delivery to continue operating. Businesses eligible for federal pandemic funds were assisted in continuing. Currently, more job openings exist than people eligible or able to fill the positions in all areas, particularly in the health services. A recent announcement of the upcoming closure of McKinely Mill will impact nearly 200 employees.
The Port of Port Angeles
In 2006, the port and its tenants generated a total of 1,701 direct jobs and approximately $190 million in direct business revenues from sales of goods and services. A 2010 port report states that operations at the port’s industrial properties directly impact 720 jobs with revenue of nearly $78 million, while operations at the port’s marine terminals are a close second, impacting 636 jobs with revenue of more than $70 million. Taken together, these two operations account for 80% of total jobs and revenues generated by the port. Historically, the port leased much of its land to local businesses for handling and processing lumber cut on the Olympic Peninsula. By 1950, the port owned approximately 70 acres of industrial land that it leased to businesses such as Peninsula Plywood Corporation, Goodyear Nelson Company (manufacturers of fir and cedar
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lumber), and Port Tie and Lumber Company. But in recent years the port’s tenant base has expanded, and today the port has more than 50 tenants offering a wide range of services such as topside repair, composite manufacturing, commercial diving, and restaurants. Moreover, the port is presently partnering with both public and private entities to develop additional property and to identify other opportunities to create job growth in Clallam County.
Area Demographics
As of the census of 2020, there were 19,960 people, 8,971 households, and families residing in the city. The population density was 1,779 inhabitants per square mile. There were 9,272 housing units at an average density of 866 per square mile.
Historical population
Census Pop. %±
1900 2,321 —
1910 2,286 −1.5%
1920 5,351 134.1%
1930 10,188 90.4%
1940 9,409 −7.6%
1950 11,233 19.4%
1960 12,653 12.6%
1970 16,367 29.4%
1980 17,311 5.8%
1990 17,710 2.3%
2000 18,397 3.9%
2010 19,038 3.5%
2020 19,960 4.8%
2021 (est.) 20,134 [3]
0.9%
U.S. Decennial Census[18]
2020 Census[2] The estimated median household income in 2023 was $68,924 in Port Angeles, compared to the State at $98,308.
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COMMERCIAL REAL ESTATE MARKET
Although the bulk of Clallam County’s commercial growth has occurred in Sequim, Port Angeles has seen some commercial activity in the past decade, with facilities for Angeles Composite Technologies in several locations, and the addition of these businesses: AutoZone, Big Lots, Harbor Freight, Hermann Brothers Wood Products, numerous Marijuana retail outlets plus Marijuana growing and processing plants. New restaurants include Starbucks, Coyote BBQ Pub, Asian Buffet, and a remodeled and expanded McDonalds. A new Navy Pier is now at the Coast Guard Station and a U.S. Border Patrol facility is located at the remodeled and expanded former Elks Club property.
Several organizations or companies have relocated and built new facilities or remodeled and enlarged existing ones: these include FedEx with a new distribution center off of Easy Street, the Olympic Medical Center with a large medical complex across from the hospital with several clinics including a walk-in and an orthopedic clinic, EZ Pawn, Leitz Farm Supply Store, the auto dealership Price Ford, Country Aire Natural Foods, Hartnagel Building Supply, Platypus Marine, and Westport Yachts. Tractor Supply Co. recently moved into the former SAARS Super Saver Foods location.
The largest concentration of new retail growth is on the east side of Port Angeles with a new Walmart, Ford Dealership, and new industrial buildings on Easy Street and Speedway Drive.
Although delayed by the Pandemic, the newly constructed Port Angeles Waterfront Center was completed and opened in the summer of 2023. Downtown businesses struggled to gain occupancy during the recession which was compounded by some closures due to the retirement of owners. However, the downtown has since undergone revitalization in 2022 with SkinCare Suite Spa and Moss (retail store) expanding into new, larger locations and many smaller retail units are being occupied.
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COMMERCIAL REAL ESTATE MARKET TRENDS IN CLALLAM COUNTY
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RESIDENTIAL REAL ESTATE MARKET IN PORT ANGELES & CLALLAM CO.
Single Family Residential Market
Clallam County and the Port Angeles single-family residential market increased from 2019 to 2022. Particularly high demand, coupled with low inventory and low interest rates generated steep gains in average and median sale prices. The market began to stabilize as interest rates increased during 2022, resulting in longer marketing times and declining sales volume. However, as inventory remains low, housing prices are likely to remain stable in the near future.
SINGLE-FAMILY RESIDENTIAL SALES IN PORT ANGELES, WA
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SUBJECT’S ZONING AND
HIGHEST & BEST USE
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SUBJECT’S ZONING
Zoning and Land Use
The subject parcel is zoned IL: Industrial Light, per Clallam County.
Statement of Purpose
The purpose of the Industrial Light is to create and preserve areas for industrial uses that are largely devoid of exterior nuisances in close proximity to airports and highways. Permitted uses are largely devoid of exterior nuisance factors, such as noise, glare, air and water pollution, and fire and safety hazards on adjacent non-industrial property, and do not have an exceptional demand on public facilities. These types of industrial uses typically involve the manufacture of finished products from pre-fabricated materials, product wholesaling, and material storage. Buffering measures to reduce the impact of industrial uses on nearby residential uses may be required. While industrial and commercial uses that are largely devoid of any impacts detrimental to the environment are allowed, vehicle service stations with petroleum products and entertainment businesses with adult-only activities are also permitted uses, and a variety of maintenance and repair shops with hazardous materials are also conditionally permitted uses. This zone provides the basic urban land use pattern for light industrial uses with direct access on an arterial street, design standards for greater truck traffic, and buffers for non-industrial uses.
Development Standards
Minimum Lot Size 7,000 sf
Maximum Building Height 35 feet
Minimum Lot Width None
Maximum Lot Coverage None
Setbacks
Front yard 25 feet, except 35 feet abutting a residentially or commercially zoned property.
Side yard 25 feet, except 35 feet abutting a residentially or commercially zoned property
Rear yard 15 feet, except 25 feet abutting a residentially or commercially zoned property
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Permitted Uses
Manufacturing Buildings
1 Clothing, shoes and garments.
2 Electrical, electronic and communications equipment.
3 Handicrafts, jewelry, musical instruments and toys.
4 Assembly of machinery, such as but not limited to, engines, vehicles, boats, aircraft, and parts thereof.
5 Medical, dental, optical, and orthopedic instruments and appliances.
6 Assembly of metal products, such as small arms, pens, office furniture, tools, and household appliances.
7 Microbreweries.
8 Assembly of mobile and modular homes and home components.
9 Wood products, such as cabinets, furniture, fixtures, and pre-fabricated building components.
Retail Buildings
1 Adult entertainment businesses.
2 Auto and truck service stations, gasoline service islands.
3 Chain saw sales and service stores.
4 Cocktail lounges and taverns.
5 Restaurants and cafes.
6
Retail sales, such as hardware stores, lawn and garden equipment and supplies, hand tools, building, electrical,
and plumbing materials and supplies.
Wholesale Distribution
1 Warehouse buildings and yards
2 Wholesale stores
Services
1 Building maintenance and janitorial services buildings.
2 Equipment rental stores, including heavy equipment.
3 Funeral homes and mortuaries.
4 Laundry and dry cleaners buildings.
5 Machinery maintenance and repair shops.
6 Mini-warehouses.
7 Business and professional offices.
8 Research and development laboratories.
9 Storage yards and maintenance shops for builders, contractors, and governmental agencies.
10 Small animal veterinary clinics, offices and kennels.
Transportation and communication
1 Airports, airport terminals and related facilities.
2 Freight companies terminals.
3 Household moving and storage buildings.
4 Mass transit terminals.
5 Off-street business parking structures and lots.
6 Parcel delivery service buildings.
7 Printing, publishing, and book-binding buildings.
8
Vehicular services facilities, such as automotive and truck rentals, vehicle maintenance and repair shops, auto
and truck body and paint shops, and auto and truck engine repair shops.
9 Utility buildings and structures.
Other
1 Shipping containers used for storage
2 Artisan manufacturing
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Conditional Uses
Manufacturing Buildings
1 Processing of food products, such as meat, fruit, vegetables, seafood, beverages, vegetable oils and dairy products.
2 Pharmaceutical and drug products.
3 Plastic and other synthetic products.
4
Specialized small mechanical parts, tools, die-casting, bearings, patterns, and other similar products, welding
shops and machine shops.
Others
1 Agricultural uses, defined as commercial farming and animal husbandry.
2 Fire stations.
3 Off-premises outdoor advertising signs.
4 Public juvenile detention facilities
5 Public parks and recreation facilities
6 Radio towers exceeding 35 feet
7 Social service agencies providing 24-hour residential care
8 Small scale sawmills
9 Artist work/live studios where the residential use is subordinate to the working studio use
10 Other uses compatible with the purpose of this chapter
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SUBJECT’S HIGHEST AND BEST USE
Highest and Best Use Analysis
Highest and best use may be defined as:
Highest and best use. The reasonably probable and legal use of vacant land or an
improved property, which is physically possible, appropriately supported, financially
feasible, and that results in the highest value.
In the analysis of pertinent data, four criteria are applied in the following order to develop adequate support for the appraiser’s highest and best use determination:
1. Legally permissible
2. Physically possible
3. Financially feasible
4. Maximally productive
These criteria are generally considered sequentially; however, the tests of physical possibility and legal permissibility can be applied in either order, but they both must be applied before the tests of financial feasibility and maximum productivity.
A further consideration is that where there is a prospective change in the property such as through partial acquisition or easement, it is necessary to consider the highest and best use in both the before and the after conditions.
Highest and Best Use “Before” Condition
Legally Permissible Uses This zoning allows primarily industrial development, as well as some retail, services, transportation and communications uses. See the list of permitted uses in the zoning section above. Physically Possible Uses The subject site consists of one 144.2-acre parcel which is predominately level. It has a small area of noted as landslide and a stream along the west side of the parcel (from Clallam County GIS map). A private well and private septic systems are necessary in this area. It is assumed soil conditions are adequate for the construction of any permissible uses. The access to the subject is currently limited for operation of the William R. Fairchild International Airport.
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Financially Feasible Industrial uses have been successful in the area. It is beyond the scope of this assignment to determine which of the legally permissible uses are financially feasible. Maximally Productive Use / Highest and Best Use Conclusion The highest and best use of the subject in the before condition is considered to be for continued use of the subject for industrial or commercial purposes.
Highest and Best Use “After” Condition
In the after condition the subject’s zoning designation is unchanged from the before condition. However, the prospective easement partial acquisition will result in the placement of a utility easement on about 1.536 acres (66,891.6 square feet) of the subject property. The proposed utility easement on the subject in the after condition is illustrated on maps in the Subject Description section of the report. With respect to economic feasibility, the potential market demand for the property would not be impacted. With this in mind, the maximally productive highest and best use of the subject in the after condition is considered to be for industrial or commercial purposes.
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SUBJECT DESCRIPTION
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SITE DESCRIPTION
SITE IDENTIFICATION
Address 1506 Fairchild Airport Rd Port Angeles, WA 98362
Assessor’s Parcel Number 063000117305
Clallam County Property ID 82575
Legal Description The following abbreviated legal descriptions were found in the assessor’s records: AIRPLANE HANGAR ON EXEMPT LAND #61149
Existing Conditions The subject parcel is approximately 144.2 acres of land and with improvements including several buildings, portion of runways and landing towers. The subject, along with additional parcels, is currently being used for the operation of the William R. Fairchild International Airport.
Location The subject is located approximately 4 miles west of downtown Port Angeles. Properties immediately surrounding the subject are owned by the Port of Port Angeles.
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SUBJECT PARCEL MAP
Area in blue above labeled Government Lot 1 depicts the Subject Property. The proposed easement area noted at the west end of the parcel
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SUBJECT EASEMENT SKETCH
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SUBJECT LAND USE MAP
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SUBJECT CRITICAL AREAS MAP
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SITE DESCRIPTION
Shape and Area The total land area of the subject parcel is about 144.2 acres according to data provided by the Clallam County Assessor. The property is mostly covered with grass and a few trees along the west end, and contains a runway, a taxiway, several commercial buildings and runway lights.
Topography
The subject is mostly level as is the area surrounding the property.
Ingress/Egress
The subject parcel is accessible from South Critchfield Road, a paved two-lane street that terminates at the south end of the subject property, at the west side.
Utilities PUD water and power are available along S. Critchfield Road and have been extended to the improvements located on the subject parcel.
Hazardous Materials We are unaware of any toxic contaminating materials either in the subject soil or within any of the subject premises. This appraisal assumes that the subject property is free and clear of all contamination that may be associated with any hazardous material. However, this assumption should not be construed as a guarantee that this is the case.
Soils
We have not been provided with a soils survey of the subject by a qualified soils engineer. In general, the primary issues associated with soils are the ability to support commercial improvements. While this could only be determined through a survey by a soils engineer, the existing commercial improvements on the subject indicate that the subject can accommodate this use.
Environmentally Sensitive Areas
We are not environmental biologists qualified to determine the extent of any critical areas on the subject. However, we investigated the environmentally sensitive areas maps provided by Clallam County. The appraiser included a map on the following pages depicting the critical areas. There is a stream noted at the west end in a treed area,
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along with landslide geohazard area. The proposed easement is not in an area noted as environmentally sensitive.
Flood Zone I have consulted FEMA flood map number 5300210485D indicating that the subject is located in an area of minimal flood hazard. This map identifies a limited area adjacent to the previous location of a tributary of Dry Creek in the southwest portion of the subject parcel. However, no stream was observed in this area during my inspection of the subject.
Improvements The subject is improved with multiple commercial buildings in the east portion of the subject parcel. These buildings are located at least 3,500 linear feet from the portion of the subject parcel where the proposed easement area is located. These improvements are not discussed in this report since the proposed easement has no impact on these buildings or their operation.
Proposed Utility Easement
The proposed easement will be 30 feet wide and extend for about 2,229.72 feet for a total of about 66,892 square feet (1.536 acres) of land area (see the maps on the previous pages). Based on my inspection, the proposed route will not bisect any runway, taxiway or any paved area but will cross under several electrical wires used to power the runway lights. The proposed utility easement will be held by the City of Port Angeles to facilitate ownership, operation and maintenance of the sewer, power and water lines within the city jurisdiction. A draft of the easement is excerpted below: UNDERGROUND RIGHT OF WAY EASEMENT
For value received, the Port of Port Angeles, a municipal Corporation of the State of
Washington (“Grantor”), hereby grants to the City of Port Angeles, a municipal
Corporation of the State of Washington, its successors and assigns (“Grantee”), a
perpetual easement for a right of way 30 feet in width and 2,229.72 feet in length, more
or less, for the construction, reconstruction, operation, maintenance, repair and
replacement of Grantee’s underground Sanitary Sewer, Water and Power Lines and all
necessary or desirable accessories and appurtenances thereto, the control systems,
manholes, vaults under the surface of the real property of Grantor in Clallam County,
State of Washington, as more particularly described as follows and shown on Exhibit A
and Exhibit B attached hereto and by this reference made a part hereof:
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A portion of: Suburban Lots 174 and 173, William R. Fairchild International Airport, City
of Port Angeles, Clallam County Washington.
Together with the right of ingress and egress for Grantee, its contractors, or
agents, to the right of way from adjacent lands of Grantor for all activities in connection
with the purposes for which this easement has been granted; and together with the
present and the future right to keep the right of way clear of all brush, trees, timber,
structures, buildings and other hazards which might endanger Grantee’s facilities or
impede Grantee’s activities.
At no time shall Grantor place or store any flammable materials or light any fires,
on or within the boundaries of the right of way. Subject to the forgoing limitations and
requirements of the Federal Aviation Administration, the surface of the right of way may
be used for other purposes not inconsistent, as determined by the Grantee, with the
purposes for which this easement has been granted.
The rights and obligations of the parties hereto shall be binding upon and shall
benefit their respective heirs, successors and assigns and shall run with the land.
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SUBJECT FLOOD MAP
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PROPERTY HISTORY
Owner of Record
Port of Port Angeles
Sales History No prior sales of the subject in the past three years.
Listing History
The property is not currently listed for sale and has not been listed for sale during the past 12 months. There is currently no formal contract for sale, to the best of my knowledge. However, the appraisers are aware that the City of Port Angeles is interested in obtaining a utility easement on the subject property.
Ownership History
The subject was transferred to the current owner, Port of Port Angeles by Quit Claim Deed on April 5, 1951.
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PHOTOS OF SUBJECT
Photos taken by the appraiser on August 18, 2025
Photo 1: View of Entrance to Subject Property at end of South Critchfield Road;
Facing North
Photo 2: View of South Critchfield Road; Facing South
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Photo 3: View of Approximate Location of the Easement; Facing Northwest
Photo 4: View of the Approximate Location of the Easement; Facing Southeast
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Photo 5: View of the Easement Market Stakes at the North End of the Property;
Facing Northwest
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VALUATION
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LAND VALUATION - BEFORE CONDITION In order to determine the value of the proposed easement the appraiser will determine the value impact of the proposed easement on the subject land. This is done using a before/after valuation methodology: the appraiser values the subject property in the before condition and then in the after-condition scenario when the partial acquisition has occurred. The difference in the before and after values represents the market value of the prospective acquisition area with the final step determining the value impact to the remainder property. The appraisal approach utilized in the following analysis is the direct sales comparison approach, which is the most typical appraisal methodology relevant to vacant land. The following pages include a map showing the location of the comparables as well as individual data sheets providing details of each property’s physical characteristics and sales transaction.
Introduction
The direct sales comparison approach is the most typical valuation methodology for industrial/commercial property and relies upon data from recent transactions of similar property within a given subject’s market area. In this analysis, we were able to identify sales of five properties with similar zoning designations that are located in the subject market area. Identifying differences in the relevant elements of comparison between a given subject and the sale comparison properties is essential in the valuation process. Significant differences must be adjusted either quantitatively or qualitatively in the analysis. Therefore, it is important to have a good understanding of the comparable properties’ attributes. On the following pages, we have provided a map showing the location of the sales comparables. Following that are data sheets that include photographs and details pertaining to their characteristics and sale transactions.
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No.Location Zoning Land Size Sale Price $/SF Land Sale Date
Lot 3 Pennington SP- Hwy 101
Port Angeles, WA 98363
XXX Fields DrivePort Angeles, WA 98363
$1.98 7/19/2021S5Lot 6 & 7- Speedway Drive Port Angeles, WA 98362
RLC Rural Limited Commercial
2.9 acres 126,324 sf $250,000
7/19/2021S4RLC Rural Limited Commercial
3.22 acre 140,263 sf $135,000 $0.96Lot 5- Speedway Drive Port Angeles, WA 98362
0.86 acre 37,462 sf $265,000 $7.07
$795,000
COMPARABLE LAND SALES
S2 2/24/2023
S1 M Industrial
XXX Business Park Loop Sequim, WA 98382
S3 IH Heavy Industrial
CI Carlsborg Industrial
5.50 acre 239,580 sf
10.60 acre 461,736 sf $275,000 $0.60
$3.32
11/18/2022
6/12/2023
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COMPARABLE SALES MAP
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COMPARABLE SALE 1
Lot 3 Pennington Short Plat –West Highway 101
Port Angeles, WA 98363
MLS Photos shown as they are a more accurate depiction of site conditions at time of sale.
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1911 West Highway 101
Port Angeles, WA 98363
Site Size 37,462 sf (0.86 acres)
Shape Nearly rectangular
Topography Level
Critical Areas None
Frontage Interior parcel with frontage along West Highway 101
Exposure/Access Access from Highway
Improvements None
Utilities PUD power, city sewer and Dry Creek Water
Zoning M - Industrial
Parcel Number 063007449030
Use at Sale Vacant land
Highest and Best Use Industrial
Sale Price $265,000
Sale Price $/Square Foot $7.07
Original List Price $297,900
Sale Price% of Original List Price 89%
Days on Market 734
Date of Sale 6/12/2023
Listing Number OLS#350624
Conditions of Sale Arm's Length
Terms/Financing Conventional
Confirmation Contact Patti Morris (360) 461- 9008, Listing Broker
Instrument Type Statutory Warranty Deed
Document Number 2023-1450582
Seller Stephen Wirth
Buyer Hirst Properties LLC
Property Information
Address
Sale Information
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COMPARABLE SALE 2
Business Park Loop
Sequim, WA 98382
MLS Photos shown as they are a more accurate depiction of site conditions at time of sale.
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Property Information
Address XXX Business Park Loop
Sequim, WA 98382
Site Size 239,580 sf (5.50 acres)
Shape Nearly Rectangular
Topography Level
Critical Areas None
Frontage Corner parcel with frontage along main arterial through Carlsborg at intersection of Business Park Loop.
Exposure/Access Accessed from Business Park Loop
Improvements Vacant
Utilities Power, water and sewer at the street
Zoning CI - Carlsborg Industrial
Parcel Number 043015409010
Use at Sale Vacant Land
Highest and Best Use Industrial
Sale Information
Sale Price $795,000
Sale Price $/Square Foot $3.32
Original List Price $795,000
Sale Price% of Original List Price 100%
Days on Market 23
Date of Sale 2/24/2023
Listing Number OLS#361898
Conditions of Sale Arm's Length
Terms/Financing Cash
Confirmation Contact Brody Broker: (360) 461-7052
Instrument Type Statutory Warranty Deed
Document Number 2023-1447518
Seller Olympic Systems Properties, LLC
Buyer Jamestown S'Klallam Tribe
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COMPARABLE SALE 3
XXX Fields Drive
Port Angeles, WA 98363
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XXX Fields Drive
Port Angeles, WA 98363
Site Size 10.6 acres (461,736 sf)
Shape Two rectangular parcels
Topography Level, Slope
Critical Areas None
Frontage Interior parcel
Exposure/Access Access via Fields Drive
Improvements Vacant
Utilities Utilities on property
Zoning IH - Industrial Heavy
Parcel Number 063018128010 and 063018128020
Use at Sale Vacant Land
Highest and Best Use Industrial
Sale Price $275,000
Sale Price $/Square Foot $0.60
Original List Price $275,000
Sale Price% of Original List Price 100%
Days on Market Off market transaction
Date of Sale 11/18/2022
Listing Number OLS#361904
Conditions of Sale Arm's Length
Terms/Financing Cash
Confirmation Contact Daniel Erickson: (360) 461-388
Instrument Type Statutory Warranty Deed
Document Number 2022-1444939
Seller James Creelman
Buyer Hermann Land Company LLC
Property Information
Address
Sale Information
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COMPARABLE SALE 4
Lot 5 – Speedway Drive
Port Angeles, WA 98362
MLS Photos shown as they are a more accurate depiction of site conditions at time of sale.
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Lot 5 - Speedway Drive
Port Angeles, WA 98362
Site Size 140,263 sf (3.22 acres)
Shape Irregular shape
Views Mountains
Topography Level
Critical Areas None
Frontage Interior parcel Speedway Drive
Exposure/Access Access via Speedway Drive
Improvements None
Utilities Power and water installed. Off-site drainfield easement for septic system.
Zoning RLC: Rural Limited Commercial
Parcel Number 053014520050
Use at Sale Vacant Land
Highest and Best Use Industrial
Sale Price $135,000
Sale Price $/Square Foot $0.96
Original List Price $150,000
Sale Price% of Original List Price 90%
Days on Market 523
Date of Sale 7/19/2021
Listing Number NWMLS#1553358
Conditions of Sale Arm's Length
Terms/Financing Cash
Confirmation Contact MaryAnn Miller: (360) 774-6900
Instrument Type Statutory Warranty Deed
Document Number 2021-1422760
Seller Olympic Auto Racing Inc
Buyer Bo Holden
Property Information
Address
Sale Information
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COMPARABLE SALE 5
Lot 6 & 7 – Speedway Drive
Port Angeles, WA 98362
MLS Photos shown as they are a more accurate depiction of site conditions at time of sale.
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Lot 6 & 7 - Speedway Drive
Port Angeles, WA 98362
Site Size 2.9 acres (126,324 sf)
Shape Rectangular
Views Mountains
Topography Level
Critical Areas None
Frontage Interior parcel Speedway Drive
Exposure/Access Access via Speedway Drive
Improvements None
Utilities Power and water installed. Off-site drainfield easement for septic system.
Zoning RLC: Rural Limited Commercial
Parcel Number 053014520070
Use at Sale Vacant Land
Highest and Best Use Industrial
Sale Price $250,000
Sale Price $/Square Foot $1.98
Original List Price $349,000
Sale Price% of Original List Price 72%
Days on Market 523 & 2520
Date of Sale 7/19/2021
Listing Number NWMLS#1553362 & 1553351
Conditions of Sale Arm's Length
Terms/Financing Cash
Confirmation Contact MaryAnn Miller: (360) 774-6900
Instrument Type Statutory Warranty Deed
Document Number 2021-1422423
Seller Olympic Auto Racing Inc
Buyer Jim and Melody Bishop
Property Information
Address
Sale Information
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COMPARABLE SALES ANALYSIS- BEFORE CONDITION
In order to account for the value impact of differences in the elements of comparison between the subject parcel and sales comparables we have created a Comparables Sales Adjustment Grid – Before Condition that is provided on page 45. The Uniform Appraisal Standards of Professional Appraisal Practice allows that such a grid may provide either quantitative or qualitative adjustments (or a combination of both). While some adjustments may be relatively easy to quantify others are not. Since the various differences in physical and locational characteristics between the subject and the comparables are difficult to quantify, they therefore have been addressed through a qualitative analysis. The appropriate unit of comparison in the direct sales comparison analysis is price per square foot of land area ($/sf), since this is the basis upon which both the typical buyer and seller would base their transaction of vacant industrial land. As shown on the adjustment grid the quantitative adjustment is made first in order to derive a market adjusted sale price. This is followed by qualitative adjustments for the elements of comparison whose differences from the subject cannot credibly be quantified by numeric market data. If a comparable property has a superior attribute to the subject this warrants a downward adjustment, and vice versa.
Expenditures Immediately After the Sale: Expenditures after the sale refer to costs incurred by the buyer immediately after the transaction. Typically, this pertains to costs to correct issues of deferred maintenance that were known to need attention at the time of sale and therefore would be considered a cost of acquiring the property. The subject and comparables have no such deferred maintenance, so no adjustments were necessary.
Property Rights Conveyed: The comparables were transactions of the fee simple interest in the respective properties, and this would be the case for the subject. Thus, no adjustments are warranted for property rights.
Financing Terms: All of the comparables represent either cash transactions or cash-equivalent financing, as could be determined by our research.
Conditions of Sale: All of the sales appears to be arm’s length transactions with no usual conditions which would impact the sale price, thus no adjustments were made.
Market Conditions: The comparable sales have sold between 2021 and 2023. The market has been fairly stable during the past four years, so no adjustments were made.
Improvements: The subject is considered “as if vacant” for the purposes of this valuation. The comparables are all vacant parcels, so no adjustments were made.
Utilities: Comparables 1 and 2 are considered superior as they have access to sewer, whereas the subject does not, so downward adjustments were made.
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Location: The subject is located in the city limits of Port Angeles, in the airport industrial area. Comparables 1 and 3 are located in the Port Angeles industrial area, and Comparable 2 is located in Carlsborg Industrial at the Business Park, which are considered sufficiently similar to the subject that no adjustments were made. Comparables 4 and 5 are located between Sequim and Port Angeles in a rural area, so somewhat upward adjustments were made.
Road Access/Frontage: The subject property has access from a paved road. The access street is a non-arterial. Comparable 1 has superior highway frontage. Comparable 3 was considered inferior as it is access from a gravel road. Comparable 2 is considered somewhat superior due to frontage along Carlsborg Road, so a somewhat downward adjustment was made.
Topography: The subject and comparables were all mostly level, so no adjustments were warranted.
Vegetation: Cleared properties are more desirable for industrial use than properties with heavy brush or timber. The subject and comparables are mostly cleared properties, so no adjustments were made.
Critical Areas: Critical areas can restrict the useable area of a parcel, due to required set-backs. The subject has a small area with a stream and landslide hazard. However, these areas are small and will have a minimal impact on the utility of the site.
Zoning: The subject is zoned Industrial Light. The comparables had sufficiently similar industrial or commercial/industrial zoning that no adjustments were made.
Total Size: In most cases, larger properties tend to sell for a lower price per square foot than smaller properties. This trend has been found in our experience with industrial land sales. All of the comparables are smaller than the subject and were considered somewhat superior, so somewhat downward adjustments were made.
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A summary of all adjustments is shown on the table on the following page.
BEFORE CONDITION
Conclusion of the Fee Simple Market Value Indicator – BEFORE CONDITION –
Sales Approach The per unit sale prices of the comparables ranged from $0.60 to $7.07 per square foot. After making the necessary adjustments Comparable 3 is a somewhat low indicator at $0.60/sf. Comparables 4 and 5 are balanced indicators at $0.98/sf and $1.96/sf, respectively. Comparables 1 and 2 are very high indicators $7.07/sf and $3.32/sf, respectively. Considering all of the factors, we conclude to an as is value for the Fee Simple interest in the subject property, as of August 18, 2025, summarized as follows: 6,281,352 square feet x $1.50 per square foot = $9,422,028
BEFORE CONDITION Market Value Indicator by Sales Approach: $9,422,000
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Subject Comp Sale 1 Comp Sale 2 Comp Sale 3 Co mp 4 Comp 5
Address S Critchfield Rd XXX W Highway 101 Business Park Loop XXX Fields Drive XXX Speedway Drive XXX Speedway Drive
Port Angeles, WA Port Angeles, WA Sequim, WA Port Angeles, WA Port Angeles, WA Port Angeles, WA
Zoning Industrial, Light Industrial Carlsborg Industrial Industrial, Heavy Rural Limited Comm. Rural Limited Comm.
Land Size (acres)144.20 0.86 5.5 10.6 3.22 2.90
(square feet)6,281,352 37,462 239,580 461,736 140,263 126,324
Site Improvements "As If Vacant"None None None None None
Date of Sale 6/12/2023 2/24/2023 11/18/2022 7/19/2021 7/19/2021
Sale Price $265,000 $795,000 $275,000 $135,000 $250,000
Sale Price per Sq. Ft. of Land $7.07 $3.32 $0.60 $0.96 $1.98
Expenditures After the Sale None Similar Similar Similar Similar Similar
Property Rights Conveyed Fee Simple Similar Similar Similar Similar Similar
Financing Cash Equivalent Similar Similar Similar Similar Similar
Conditions of Sale Arms-Length Similar Similar Similar Similar Similar
Market Conditions Current Similar Similar Similar Similar Similar
$7.07 $3.32 $0.60 $0.96 $1.98
Improvements "As If Vacant"Similar Similar Similar Similar Similar
Utilities None Superior Superior Similar Similar Similar
Location Port Angeles Airport Similar Similar Similar Somewhat Inferior Somewhat Inferior
Road Access/Frontage Paved Side Street Superior Somewhat Superior Inferior Similar Similar
Topography Mostly level Similar Similar Similar Similar Similar
Vegetation Mostly pasture Similar Similar Similar Similar Similar
Critical Areas Minimal impact Similar Similar Similar Similar Similar
Zoning Industrial, Light Similar Similar Similar Similar Similar
Total Size 6,281,352 sf Somewhat Superior Somewhat Superior Somewhat Superior Somewhat Superior Somewhat Superior
Extraordinary Site Condtions None Similar Similar Similar Similar Similar
Very High Indicator Very High Indicator Somewhat Low Indicator Balanced Indicator Balanced Indicator
Adjusted Sale Price /Overall Value Indication $7.07 $3.32 $0.60 $0.96 $1.98
Transaction Adjusted Sale Price
COMPARABLE SALES GRID - BEFORE CONDITION
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COMPARABLE SALES ANALYSIS- AFTER CONDITION
Introduction The nature of this appraisal problem requires valuation of the total subject property in the before condition and then in the after condition when a proposed partial acquisition of a portion of the subject. The difference in the before and after values represents the market value of the prospective acquisition, including any impact to the remainder property. The appraisal approach utilized in the following analysis is the direct sales comparison approach, which is the most typical appraisal methodology relevant to vacant land. The comparables used in this after condition analysis are the same ones used in the before condition analysis and therefore, the location map and photographs and comparable data are not duplicated in this section. The location map, photographs and comparable data for this analysis are included on pages 45 through 55 of this report.
Comparable Data The land sales comparison analysis identifies the relevant elements of comparison between a given subject and the sale comparison properties. Any significant differences must be adjusted either quantitatively or qualitatively in the analysis. USPAP allow for quantitative as well as qualitative adjustments between a subject and sales comparables. In this instance, all adjustments are qualitative except for site improvements and expenditures after the sale. If a comparable property has a superior attribute to the subject this warrants a downward adjustment, and vice versa. In the Sales Adjustment Grid - After Condition on the following page, the quantitative adjustments are made first and then followed by all of the qualitative adjustments. Since all elements of comparison in the after-condition analysis, except for the size of the parcel, are identical to the before condition analysis, the discussions are not duplicated in this section. Therefore, this section only discusses the total land area included in the subject after the partial acquisition has occurred.
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Total Size: In most cases, larger properties tend to sell for a lower price per square foot than smaller properties. This trend has been found in our experience with industrial land sales. All of the comparables are smaller than the subject and were considered somewhat superior, so somewhat downward adjustments were made.
A summary of all adjustments is shown on the table on the following page.
AFTER CONDITION
Conclusion of the Fee Simple Market Value –AFTER CONDITION– Sales Approach The per unit sale prices of the comparables ranged from $0.60 to $7.07 per square foot. After making the necessary adjustments Comparable 3 is a somewhat low indicator at $0.60/sf. Comparables 4 and 5 are balanced indicators at $0.98/sf and $1.96/sf, respectively. Comparables 1 and 2 are very high indicators $7.07/sf and $3.32/sf, respectively. Considering all of the factors, we conclude to an as is value for the Fee Simple interest in the subject property, as of August 18, 2025, summarized as follows: 6,214,460.4 square feet x $1.50 per square foot = $9,321,690.6, or $9,322,000 rounded.
AFTER CONDITION Market Value Indicator by Sales Approach: $9,322,000
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RECONCILIATION AND FINAL VALUE ESTIMATE
Approaches to Value The subject property has been valued in the fee simple before condition and in the after condition. The results of these analyses are summarized below.
MARKET VALUE - BEFORE CONDITION (AS-IF VACANT) ............................. $9,422,000
MARKET VALUE - AFTER CONDITION WITH EASEMENT (AS-IF VACANT) .. $9,322,000
MARKET VALUE OF PARTIAL ACQUISITION - BEFORE MINUS AFTER .......... $100,000
However, the easement to be acquired by the City of Port Angeles is not a fee acquisition. It is necessary to consider the extent to which the Port of Port Angeles (grantor) and the City of Port Angeles (grantee) benefit from the easement impacted area. We have concluded that the proposed utility easement will have limited impact on the use of the land where the easement would be located since this area is not currently used for a runway, taxiway or buildings. However, it may have some impact on future expansion of the airport facilities. Therefore, we have estimated that the impact of the proposed easement would be about 25 percent of the utility of the easement area. With this in mind, it is our conclusion that 25 percent of the before value minus the after value represents the value impact of the proposed utility easement acquisition upon the subject.
FAIR MARKET VALUE OF PROPOSED UTILITY EASEMENT $25,000 AS OF AUGUST 18, 2025
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Marketing Time and Exposure Time
Exposure Time The definition of “exposure time” is as follows:
The estimated length of time the property interest being
appraised would have been offered on the market prior to the
hypothetical consummation of a sale at market value on the
effective date of appraisal; a retrospective estimate based upon
an analysis of past events assuming a competitive and open
market.
Source: The Dictionary of Real Estate Appraisal, Fifth Edition. Chicago: Appraisal Institute, 2010. Based on recent sales of similar properties, I have estimated exposure time to be 9 to 12 months.
Marketing Time The definition of “marketing time” is as follows:
An estimate of the amount of time it might take to sell an
interest in real property at its estimated market value
during the period immediately after the effective date of an
appraisal.
Source: The Dictionary of Real Estate Appraisal, Fifth Edition. Chicago: Appraisal Institute, 2010. I estimated the subject’s marketing time at 9 to 12 months.
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APPRAISER'S CERTIFICATION I certify that, to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct.
• The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
• I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved.
• I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
• I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.
• My engagement in this assignment was not contingent upon developing or reporting predetermined results.
• My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
• My analyses, opinions, and conclusions were developed, and this report has been prepared, in the conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute.
• No one provided significant real property appraisal assistance to the person signing this certification.
• The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.
• As of the date of this report I, Jonquille de Chantal, MAI, SRA, have completed the requirements of the continuing education program for Designated Members of the Appraisal Institute.
• I have made a personal inspection of the property that is the subject of this report.
Date report was signed: August 31, 2025 Jonquille de Chantal, MAI, SRA Certified General Real Estate Appraiser License #1102127
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APPRAISER'S CERTIFICATION I certify that, to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct.
• The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
• I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved.
• I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
• I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.
• My engagement in this assignment was not contingent upon developing or reporting predetermined results.
• My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
• My analyses, opinions, and conclusions were developed, and this report has been prepared, in the conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute.
• I have made an exterior observation of the property that is the subject of this report. I have been assisted in every phase of this report by Jonquille B. de Chantal, MAI, SRA, who will sign her own certification.
Date report was signed: August 31, 2025 Tiroovassen Poovathal State Registered Real Estate Appraiser Trainee License #20100506 Washington
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ADDENDA
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ASSUMPTIONS AND LIMITING CONDITIONS The appraiser's certification that appears in the appraisal report is subject to the following conditions 1. The appraiser will not be responsible for matters of a legal nature that affect either property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 3. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 4. The appraiser has estimated the value of the land in the cost approach, if developed, at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 5. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 6. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 7. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 8 The physical condition of the improvements considered in the Report is based upon visual inspection by the Appraiser, or other person identified in the Report. Deer Park
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Appraisal, LLC, assume no responsibility for the soundness of the structural components, or the condition of the mechanical equipment, or plumbing, or electrical components. 9. Unless otherwise stated in the Report, compliance with the requirements of the Americans with Disabilities Act of 1990 (ADA) has not been considered in arriving at the opinion of value. Failure to comply with the requirements of the ADA may adversely affect the value of the property. Deer Park Appraisal, LLC recommends that an expert in this field be employed to determine the compliance of the Property with the requirements of the ADA and the impact of these matters on the opinion of value. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any other state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. 11. This report is for the sole use of the client, for internal update considerations only, who may provide only complete final copies of the appraisal report in its entirety to third parties. The client agrees to indemnify and hold harmless the appraisal firm, its officers, and/or employees from any and all claims of loss and liabilities of any nature whatsoever arising out of, or related to this contract and/or appraisal report or the inclusion of the appraisal report as an exhibit to a registration statement and prospectus used as part of a real estate securities offering.
12. By use of this Report each party that uses this Report agrees to be bound by all of the Assumptions and Limiting Conditions, Hypothetical Conditions, and Extraordinary Assumptions stated herein.
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ENVIRONMENTAL DATA Unless otherwise stated in this report, the existence of hazardous substances including without limitation asbestos, lead paint, radon, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test such substances or conditions. If the presence of such substances, such as asbestos, urea formaldehyde, foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in the field of environmental impacts upon real estate if so desired.
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Deer Park Appraisal
292 Easy Street
Port Angeles, WA 98362
Tax ID 81-4523941
Jonquille de Chantal
(360) 775-0995
Email: deeparkappraisal@yahoo.com Ms. de Chantal is a fee appraiser with 18 years of experience. She has completed appraisals for private individuals, attorneys, lenders, and government agencies throughout Washington State. She has appraised single family residences, condominiums, multi-family, undeveloped land (residential, recreational, commercial, and industrial), industrial buildings, office (including medical office), and retail buildings, service stations, convenience stores, self-storage facilities, equestrian facilities, mixed-use buildings, motels, mobile home and RV parks, and residential subdivisions. Ms. de Chantal is licensed as a certified general real estate appraiser by the State of Washington (License no. 1102127). She holds the MAI and SRA designations from the Appraisal Institute, and has successfully completed the following courses approved by the State of Washington:
Appraisal Institute Classes USPAP Updates Small Hotel/Motel Valuation, September 2023 Fundamentals of Uniform Appraisal Standards for Federal Land Acquisitions, August 2023 Subdivision Valuation, August 2023 Appraising of Condos, Co-Ops and PUDS, August 2021 Appraising of Manufactured Homes Featuring Next Generation Manufactured Homes, May 2021 Appraising Medical Office Buildings, February 2021 Complex Litigation Appraisal Case Studies, November 2017 Review Theory-Residential, March 2017 Valuation of Conservation Easements, October 2015 Advanced Income Capitalization, April 2015 General Demonstration Report: Capstone, November 2014 Advanced Concepts and Case Studies, September 2013 Advanced Market Analysis and Highest and Best Use, August 2013 General Demonstration Report Writing, July 2013 Appraising the Appraisal: Appraisal Review-General, April 2013 Advanced Income Capitalization, February 2013 General Appraiser Market Analysis and Highest and Best Use, July 2012 Eminent Domain and Condemnation, December 2011 Attacking and Defending an Appraisal in Litigation, August 2011
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The Uniform Appraisal Dataset from Fannie Mae and Freddie Mae, July 2011 Appraising Nursing Homes, April 2011 General Appraiser Site Valuation and Cost Approach, March 2011 General Appraiser Report Writing and Case Studies, June 2010 Uniform Appraisal Standards of Federal Land Acquisitions, April 2010 Litigation Appraising: Specialized Topics and Applications, February 2010 General Appraiser Market Analysis and Highest and Best Use, December 2009 Business Ethics and Practices, November 2009 General Appraiser Income Approach Part II, October 2009 General Appraiser Income Approach Part I, October 2009 Real Estate Finance, Statistics and Valuation Modeling, June 2009 General Appraiser Sales Comparison approach, April 2009
Online Classes
Allied USPAP Course, August 2007 Allied Real Estate Basic Appraisal Principles, August 2007 Allied Real Estate Basic Procedures, August 2007
Hagar Institute Classes
Sales Concessions, 2008 Identifying and Preventing Mortgage Fraud, 2008
Mykut Appraisal School
Advanced Real Estate Law, April 2011
Education:
Walla Walla University, B.S., Major Mathematics, Magna cum laude 2002
Ms. de Chantal has performed appraisal services for a wide variety of clients, and
a partial client list follows:
Municipal and Public
• City of Tukwila
• Makah Tribe
• Quillayute Tribe
• Jamestown S’Klallam Tribe
• National Park Service
• Clallam County Sheriff
• Clallam County Fire Protection District 4
• City of Sequim
• Port of Port Angeles • Washington State Parks and Recreation Commission
• Washington State Department of Natural Resources
• Washington State Department of Fish and Wildlife
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Private Companies
• Green Crow
• Campbell Global
Banks
• Kitsap Bank
• Sound Community Bank
• Wells Fargo
• Home Street Bank
• US Bank
• WSECU
• BECU
• Bank of the Pacific
• MoFin Financial Corporation
Conservation Organizations
• North Olympic Land Trust
• Jefferson Land Trust
Law Firms
• Law Office of Greg Richardson
• Stephen C. Moriarty Law Office
• Aguirre Riley, P.C.
• K&L Gates, LLP
• Mullavey, Prout, Grenley & Foe, LLP
APPRAISER’S LICENSE
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Total Engagements YTD:% Change vs Last Year:Avg Daily Engagements YTD:% Timely Responses:
Counter Visits = In-person front desk visits.
Emails Sent = Messages sent through the permits inbox to applicants.
Phone Calls = Customer phone calls logged.
Timely Responses = Customer inquiries that receive a response within two business days of the initial contact.
The CED Technicians have managed over 400 interactions so far this year, with nearly 98% of inquiries responded to within 2 business days.
CED Customer Service Report - January 2026
+1.9%473 17.5 97.5%
30%
51%
19%
Customer Engagement
Counter Visits Emails Sent Phone Calls
101
247
125
COUNTER VISITS EMAILS SENT PHONE CALLS
Engagement Type –YTD
2026 YTD
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2025 464 553 640 644 730 594 617 571 690 750 526 668
2026 473
400
500
600
700
800
To
t
a
l
I
n
t
e
r
a
c
t
i
o
n
s
Monthly Engagment Trend
0 50 100 150 200 250 300 350 400 450 500
Jan
Timely Response Rate -YTD
Total Interactions Timely ResponsesTBDTBDTBDTBDTBDTBDTBDTBDTBDTBDTBD
February 17, 2026 L - 1
Total Permits YTD:
Over-the-Counter permits are completed quickly averaging 1 business day from intake to issuance with 63% processed the same day
Same-Day Processing = Measures the time from when an application is received until fees are sent. Counted as “Same-Day” if fees are sent the same business day.
Timely Issuance = Measures the time from when payment is received until the permit is issued. Counted as “Timely” if issued within one business day of payment.
Note: Customer payment delays are not included in these times.
CED Over-the-Counter Permit Report – January 2026
27
% Change vs Last Year YTD:
+58.8%
% Same-Day Processing YTD:
63.0%
% Timely Issuance YTD:
92.6%
10
0
1
0
4
4
8
0 2 4 6 8 10 12
Vendor
Inspection Only
Fire
Solar
Plumbing
Re-Roof/Re-Side
Mechanical
Permits by Type -YTD
90%
100%
94%
92%
89%85%80%
60%
80%
100%
Same-Day Processing Rate
17
28 27 28 29
35 32
51
28 27 27
23
27
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Permits Issued by Month
Permits 2025 Permits 2026
0.0
0.2
0.4
0.6
0.8
1.0
1.2
0.7
1.0
0.8
1.0 0.9
0.5
1.0
Average Staff Time by Type
(Days)
February 17, 2026 L - 2
*If we ask for more information about a project and the applicant takes longer than 60 days to respond, the City may add up to 30 extra days to the overall review time for the application, as allowed under Port Angeles Municipal Code (PAMC) 18.02.170(G) and (H).
CED SB 5290 Report - January 2026
TYPE I - Allowed, Permitted, or Accessory Uses Not Requiring Notice of Application; Building Permits Categorically Exempt from SEPA; Business Licenses; Clearing and Grading Permits; Critical Area Exemptions; Director's Determinations¹; Electrical Permits; Environmentally
Sensitive Area Permits and Extensions; Fee Waivers; Final Binding Site Plans; Final Boundary Line Adjustments; Final Overlay Zones; Final Planned Residential Development (PRD); Final Plats; Final Short Plats; Final Unit Lot Subdivisions; Fire Alarm Permits; Fire Permits – Any
Other Approval Provided by the Fire Department – Office of the Fire Marshal; Fire Sprinkler Permits; Flood Development Permits; Home Businesses/Home Occupation Permit; Land-Use Verification; Minor Amendments to an Approved Plat, Binding Site Plan, or Planned
Residential Development; Minor Deviations Up to 20%; Minor Mobile or Itinerant Vendor Hosting Site Plan Review; NICE Grants; Preliminary Boundary Line Adjustments; Preliminary Short Plats; Regulatory Mobile or Itinerant Vendor Permit; Reasonable Use Exceptions; Right-
of-Way Construction Permits; Sales and Use Tax Grants; Shoreline Exemptions; Sign Permits; Short-Term Lodging Licenses; Site Plan Review; Temporary Uses Up to One Year; Utility Feasibility Requests; Wetland Permit Extension; Wetland Temporary Emergency Permit.
TYPE II - Administrative Conditional Use Permits; Administrative Conditional Use Permits Required for Transitional Housing Facilities 1–4 Units; Building Permits Requiring SEPA; Cottage Industries; Discretionary Conditional Use Permits; Major Mobile or Itinerant Vendor
Hosting Site Plan Review; Minor Plat Amendment; Minor Variances; Preliminary Binding Site Plan; Preliminary Unit Lot Subdivision; SEPA Review (Not Associated with a Public Hearing); Shoreline Substantial Development Permits²; Temporary Housing Facilities; Wetland
Permits.
TYPE III - Conditional Use Permits; Conditional Use Permits Required for Transitional Housing Facilities 5+ Units; Major Amendments to an Approved Plat or Planned Residential Development; Major Variances; Minor Deviations 21–30%; Plat Vacation; Preliminary Overlay
Zones; Preliminary Plats; Preliminary Planned Residential Development (PRD); SEPA Review (Associated with a Public Hearing); Shoreline Conditional Uses; Shoreline Substantial Development Permits³; Shoreline Variances; Temporary Uses – One to Five Years; Unclassified Use
–Conditional Use Permits.
TYPE IV - Site Specific Rezones.
TYPE V - Amendments to Development Regulations; Amendments to the Port Angeles Municipal Code; Annexations; Area-Wide Rezones; Comprehensive Plan Amendments; Development Agreements; Master Land Use, Subarea, Functional, and/or Utility Plans and
Amendments; Shoreline Master Program Adoption and Amendments.
NOTES: 1. See PAMC 18.02.240 for applicable procedures. 2. Only if the application is for a permitted use and receives a threshold determination of non-significance. 3. Except for Type II shoreline substantial development permits.
7
20
2 1 0
0
5
10
15
20
25
<14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 Days
Nu
m
b
e
r
o
f
P
e
r
m
i
t
s
I
s
s
u
e
d
Total Number of Days for Permit Review
Permit Type I (65 Day Deadline*)
00000
0
1
2
3
4
5
<14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 Days
Nu
m
b
e
r
o
f
P
e
r
m
i
t
s
I
s
s
u
e
d
(
Y
T
D
)
Total Number of Days for Permit Review
Permit Type II (100 Day Deadline*)
00000
0
1
2
3
4
5
<14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 Days
Nu
m
b
e
r
o
f
P
e
r
m
i
t
s
I
s
s
u
e
d
(
Y
T
D
)
Total Number of Days for Permit Review
Permit Type III (170 Day Deadline*)
00000
0
1
2
3
4
5
<14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 Days
Nu
m
b
e
r
o
f
P
e
r
m
i
t
s
I
s
s
u
e
d
(
Y
T
D
)
Total Number of Days for Permit Review
Permit Type IV (170 Day Deadline*)
00000
0
1
2
3
4
5
<14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 Days
Nu
m
b
e
r
o
f
P
e
r
m
i
t
s
I
s
s
u
e
d
(
Y
T
D
)
Total Number of Days for Permit Review
Permit Type V (No Deadline*)
February 17, 2026 L - 3
CED Affordable Housing Report - January 2026
Type JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2026 YTD 2025 YTD
SUT - HB 1406 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
SUT - HB 1590 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
FWP $97,226.99 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $97,226.99 $39,666.66
NICE- Small Scale $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
NICE - Medium Scale $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
NICE - Large Scale $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
TOTAL CITY
INVESTMENTS $97,226.99 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $97,226.99 $39,666.66
PRP 4 0 0 0 0 0 0 0 0 0 0 0 4 3
MFTE 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Key
SUT- HB 1406
SUT- HB 1590
FWP
NICE - Small Scale
NICE - Medium Scale
NICE - Large Scale
PRP
MFTE
Multi Family Tax Exemption. Contracts are shown in the month they were executed between developer and City, minimum number of estimated new dwelling units listed. Final dwelling unit counts will be determined at permitting/approval phase, and will be detailed on
the monthly Building Report.
Please Note: City staff invest considerable time to proactively engage with prospective housing developers in order to amplify these critical City programs. This report only includes one stage of this important process.
Fee Waiver Program. The costs of 25 permit types are waived by the City for all infill and multifamily housing projects.
New Improvements for Community Enhancement of Neighborhoods Projects (≤ $14,999). Grants are shown in the month that the contract was fully executed between the developer and the City.
Sales and Use Tax - HB 1406. Grants are shown in the month that the contract was fully executed between the developer and the City.
Sales and Use Tax - HB 1590. Grants are shown in the month that the contract was fully executed between the developer and the City.
New Improvements for Community Enhancement of Neighborhoods Projects ($15,000-$24,999). Grants are shown in the month that the contract was fully executed between the developer and the City.
New Improvements for Community Enhancement of Neighborhoods Projects (≥ $25,000). Grants are shown in the month that the contract was fully executed between the developer and the City.
Permit Ready Plans. Plans are shown in the month they were shared with prospective developer, minimum number of estimated new dwelling units listed. Final dwelling unit counts will be determined at permitting/approval phase, and will be detailed on the monthly
Building Report.
February 17, 2026 L - 4
CED Building Report - January 2026
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2025 YTD
0 0 0 0 0 0 0 0 0 0 0 0 0
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 0 0 0 0 0 0 0 0 0 0 0 4
$8,007.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $352,600.00
Certificate of Occupancy 1 0 0 0 0 0 0 0 0 0 0 0 N/A
1 0 0 0 0 0 0 0 0 0 0 0 0
$7,000,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
0 0 0 0 0 0 0 0 0 0 0 0 1
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,632,599.00
Certificate of Occupancy 0 0 0 0 0 0 0 0 0 0 0 0 N/A
0 0 0 0 0 0 0 0 0 0 0 0 0
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
0 0 0 0 0 0 0 0 0 0 0 0 0
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Certificate of Occupancy 0 0 0 0 0 0 0 0 0 0 0 0 N/A
4 0 0 0 0 0 0 0 0 0 0 0 2
$2,120,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $800,000.00
2 0 0 0 0 0 0 0 0 0 0 0 1
$407,313.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $250,000.00
1 0 0 0 0 0 0 0 0 0 0 0 2
$224,352.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $718,694.00
1 0 0 0 0 0 0 0 0 0 0 0 0
$170,517.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
19 0 0 0 0 0 0 0 0 0 0 0 18
$251,345.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $332,185.00
Certificate of Occupancy 2 0 0 0 0 0 0 0 0 0 0 0 N/A
Comm 0 0 0 0 0 0 0 0 0 0 0 0 2
Res $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $16,500.00
30 0 0 0 0 0 0 0 0 0 0 0 30
$10,181,534.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $5,102,578.00
$106,793.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $66,449.71
3 0 0 0 0 0 0 0 0 0 0 0 3
0 0 0 0 0 0 0 0 0 0 0 0 0 2 0
8 0 0 0 0 0 0 0 0 0 0 0 8 6 4
1 0 0 0 0 0 0 0 0 0 0 0 1 5 2
2 0 0 0 0 0 0 0 0 0 0 0 2 5 1
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
11 0 0 0 0 0 0 0 0 0 0 0 11 18 7
Comm
Ind
Public
New Construction
New Construction
Repair and Alteration
Repair and Alteration
New Single Family
New Accessory Structure
Res
Dwelling Units - Duplex
New Construction
New Multi Family
New Manufactured Home
Dwelling Units - ADU
Business Certificate of Occupancy
Permit Fees Paid
Total Permits Issued
Total Construction Valuation
Repair and Alteration
The pending units, shown in italics are at various stages of staff review. Additionally, not all applicants have submitted a complete application at this time. While we expect the majority to advance through the review process, it is possible that some may experience the need for
additional review.
Dwelling Units - Single Family
Dwelling Units-Manufactured Home
Dwelling Units - Multi Family (3+)
Total Dwelling Units
2026 YTD
0
$0.00
1
2
$8,007.00
1
$7,000,000.00
0
0
$0.00
0
1
$170,517.00
2
$0.00
0
0
$0.00
4
$2,120,000.00
2
$407,313.00
1
$224,352.00
3
Demolition and Moving
Repair and Alteration 19
$251,345.00
$106,793.40
$10,181,534.00
0
$0.00
30
February 17, 2026 L - 5
General Business Licenses Issued - Q4 2025
347
CED Business License Report - Q4 2025
* Deliquent Licensees: All records are being reviewed to confirm whether a business is still operating in the city, has relocated, or simply failed to renew with the Washington State Department of Revenue. Local businesses operating without a valid business license will
receive 30, 60, and 90-day notices from the City.
Program Effective Date: The City's Business License Program was launched Q3 of 2025. Businesses operating in Port Angeles City Limits were not previously required to obtain a Port Angeles Endorsement on their Washington State Business License.
** Number of employees: This data is voluntary and not required in order to receive a business license. Information obtained by the City has been self-reported and is not necessarily representative of all licensed businesses in Port Angeles.
*** Licenses Issued by Industry: North American Industry Classification System (NAICS) codes are voluntarily reported. Information obtained by the City has been self-reported and is not necessarily representative of all licensed businesses in Port Angeles.
15
Non-Profit Licenses Issued - Q4 2025
170
347
5 15
0
50
100
150
200
250
300
350
400
Q1 Q2 Q3 Q4
Licenses Issued by Quarter - Q4 2025*
General Business Non-Profit
42
37
31
26
23
22
16
13
10
9
7
6
5
5
1
1
0 5 10 15 20 25 30 35 40 45
Retail Trade
Construction
Other Services
Professional, Scientific, and Technical Services
Accommodation and Food Services
Administrative & Support / Waste Management
Health Care and Social Assistance
Arts, Entertainment, and Recreation
Real Estate and Rental and Leasing
Manufacturing
Transportation and Warehousing
Finance and Insurance
Educational Services
Agriculture, Forestry, Fishing and Hunting
Information
Wholesale Trade
Licensed Issued by Industry - Q4 2025***
1-5 employees,
85.4%
6-10 employees, 8.3%
11-20 employees, 4.2%
21 or more employees, 2.1%
Licensed Businesses by Number of Employees - Q4 2025**
February 17, 2026 L - 6
Date: February 17, 2026
To: City Council
From: Sarina Carrizosa, Finance Director
Subject: Monthly Update on Past Due Utility Accounts – January
NOVEMBER
2025 DECEMBER 2025 JANUARY 2026
AMOUNT
CHANGE
% CHANGE
DEC - JAN
Number of Customers Past Due 1,520 1,291 1,278 (13) -1.0%
Number of Disconnections for Non-payment 7 7 8 1 100.0%
60 days past due amount 200,710.77 131,066.03 176,858.40 45,792.37 34.9%
90 days past due amount 124,980.59 119,157.35 104,530.55 (14,626.80) -12.3%
120 days past due amount 699,965.48 601,373.40 542,549.71 (58,823.69) -9.8%
Total amount past due 1,025,656.84 851,596.78 823,938.66 (27,658.12) -3.2%
Total Payment Plan Agreements 72 34 45 11 32.4%
CITY OF PORT ANGELES
MONTHLY REPORT ON PAST DUE ACCOUNTS
DECEMBER 2025 - JANUARY 2026
-20.0%
-10.0%
0.0%
10.0%
20.0%
30.0%
40.0%
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
60 days past due
amount
90 days past due
amount
120 days past due
amount
Total amount past due
DECEMBER 2025 -JANUARY 2026
PAST DUE AMOUNTS
NOVEMBER 2025 DECEMBER 2025 JANUARY 2026 % CHANGE DEC - JAN
February 17, 2026 L - 7
NOTICE of a SPECIAL MEETING of the
PORT ANGELES CITY COUNCIL
Notice is hereby given that the City Council of the City of Port Angeles will hold a Special Meeting
on Tuesday, February 17, 2026, starting at 5:00 p.m. The meeting will be conducted as a hybrid
meeting. In hybrid meetings, members of the public, Council members, and City staff have the
option to attend the meeting in person, in Council Chambers at City Hall located at 321 East 5th
Street, Port Angeles, or remotely via telephone or video link. To attend meetings virtually, follow the
instructions below or visit www.cityofpa.us for more information regarding our virtual meetings
agendas and meeting information. To view meeting and agenda information, visit:
https://cityofpa.us/583/Meetings-Agendas.
The purpose of the special meeting is for Council to receive a presentation by Deputy Director Rob
Roscoe from the Washington Cities Insurance Authority.
This meeting is open to the public.
The regular City Council meeting will begin at 6:00 p.m.
Audio only: 1-844-992-4726
Access code (webinar number): 2552 030 1655
Webinar password: h9yYRZum7G3 (49997986 when dialing from a phone or video system)
Once connected, press *3 to raise your virtual hand if you wish to make a comment or public
testimony. You will be notified when it is your turn to speak.
Webex link: https://cityofpa.webex.com/cityofpa/j.php?MTID=mc3c5e2f8a9171ad74eaa2bb7613a0e03
To make a public comment, please use the “raise your hand” feature in Webex. You will be notified
when it is your turn to speak.
These access codes are good for the Tuesday, February 17, 2026 meeting only.
Port Angeles City Hall is accessible for persons with disabilities. Requests for special
accommodations can be made by contacting the City Clerk’s Office. Closed captioning can also be
made available. Please contact City Clerk Kari Martinez-Bailey by phone at 360-417-4634, or by
email at cityclerk@cityofpa.us, to request accommodations or receive instructions for closed
captioning.
Kari Martinez-Bailey
City Clerk
cityclerk@cityofpa.us
(p) 360-417-4634 │TTY 360-417-4645
Distribution: City Council
Peninsula Daily News
KONP
Front Lobby (posted)