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02172026 CC Agenda Packet
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 staff have the option to attend the meeting in person, in Council chambers at City Hall located at 321 East 5t' 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 thefollowing: 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 htWs://www.citofpa.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/i.php?MTID=mc3c5e2f8a9l7lad74eaa2bb7613aOe03 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, individuals 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 people 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 given to those who wish to speak to an item on the meeting's agenda. If time remains, the presiding 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 additional unsigned speakers. February 17, 2026 Port Angeles City Council Meeting Page 1 Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent connection to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section 12 E. Consent Agenda I 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 ofall 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 allpurchase documents, to administer the purchase, and make minor modificationsif necessary................................................................................................................................................E-79 F. Public Hearings 16:30 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 / Approveand 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 2 Follow the instructions from the first public comment period. Adjournment PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to receive public input prior to making decisions which impact citizens. City Council may choose to seek public opinion through the public hearing process. February 17, 2026 Port Angeles City Council Meeting Page 3 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 staff have the option to attend the meeting in person, in Council chambers at City Hall located at 321 East 5t' 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 thefollowing: 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 htWs://www.cityfpa.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/i.php?MTID=mc3c5e2f8a9l7lad74eaa2bb7613aOe03 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, individuals 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 people 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 given to those who wish to speak to an item on the meeting's agenda. If time remains, the presiding 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 additional unsigned speakers. February 17, 2026 Port Angeles City Council Meeting Page 1 Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent connection to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section 12 E. Consent Agenda I 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 ofall 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 allpurchase documents, to administer the purchase, and make minor modificationsif necessary................................................................................................................................................E-79 F. Public Hearings 16:30 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 / Approveand 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 2 Follow the instructions from the first public comment period. Adjournment PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to receive public input prior to making decisions which impact citizens. City Council may choose to seek public opinion through the public hearing process. February 17, 2026 Port Angeles City Council Meeting Page 3 In 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 evviry person is due. February 17, 2026 Kate Dexter, Mayor 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 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 be an option. Lisa Decker, County resident, spoke in favor of item 1-2 — 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 1-3 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 / 1-3 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 / 1-4 Permanent Committee Liaisons / Based on the final language of Ordinance #3743, Council Liaisons to Permanent Committees will be appointed on an Page 2 of 5 February 17, 2026 E - 2 PORT ANGELES CITY COUNCIL MEETING — February 3, 2026 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-I 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 Page 3 of 5 February 17, 2026 E - 3 PORT ANGELES CITY COUNCIL MEETING — February 3, 2026 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. Page 4 of 5 February 17, 2026 E - 4 PORT ANGELES CITY COUNCIL MEETING — February 3, 2026 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 March 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 Minutes were approved on: Page 5 of 5 Kari Martinez -Bailey, City Clerk February 17, 2026 E - 5 !i siPORTA,NGELES WASHI N G T O N, U.S. February 17, 2026 FINANCE DEPARTMENT 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. ko�� — Ma or City Manager "Where the mountains meet the sea" 360. 457. 04111 finance®cltyofpa.us www.cltyofpa.us 321 E. Sth 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 Police ID patches 001-0000-237.00-00 (8.75) SYSTEM 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 Council Name Plate-J Hami 001-1160-511.31-01 12.00 SYSTEM 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 MEMBERSHIPS 001-1210-513.49-10 19,960.98 AGCY US BANK CORPORATE PAYMENT Chamber Luncheon-C Goings 001-1210-513.43-10 27.50 SYSTEM 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 AM February 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 Lodging-N West 001-1210-513.43-10 571.26 SYSTEM 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 Society for HR Mbmsp-A Fo 001-1220-516.49-01 299.00 SYSTEM 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 Subscr Dues 001-1230-514.42-10 43.56 SYSTEM 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 AM February 17, 2026 E - 7 F°"W?4, City of Port Angeles 17 City Council Expenditure Report - Between Jan 24, 2026 and Feb 6, 2026 Vendor US BANK CORPORATE PAYMENT SYSTEM Description CISCO Subsc Dues Cisco Subscr Dues Cisco Subscr Dues Ferry ticket-KMB Lodging/parking-KMB Air purifier filters (50) NAP Mbmsp-KMB Pens(24pk)/Clorox wipes(3 City Clerk Division Total: City Manager Department Total: MISC TRAVEL N BLANK-OLYMPIC PEN TAX T Finance Administration Division Total: MISC EMPLOYEE EXPENSE TUITION REIMBURSEMENT REIMBURSEMENT PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPP US BANK CORPORATE PAYMENT Ferry tickets-M Oliver-WF SYSTEM Accounting Division Total: DATABAR INCORPORATED PACIFIC OFFICE EQUIPMENT INC PAYMENTUS GROUP INC SWAIN'S GENERAL STORE INC US BANK CORPORATE PAYMENT SYSTEM Refund -ferry tickets-M OI PayrollOrg Mbmsp-J Aranda ACFR Award App Fee-M Schn Lodging-M Oliver CYCLES 11-15 BILLED 12/26 CYCLES 16-20 BILLED 12/31 OFFICE SUPPLIES, GENERAL OFFICE MACHINES & ACCESS OFFICE SUPPLIES, GENERAL OFFICE SUPPLIES, GENERAL TRANSACTION FEES TRANSACTION FEES FIRST AID & SAFETY EQUIP. FIRST AID & SAFETY EQUIP. Office Chair-T Owen EV charging acct replenis Receipt printer-K Jacobi EV charging acct replenis Account Number 001-1230-514.42-10 001-1230-514.42-10 001-1230-514.42-10 001-1230-514.43-10 001-1230-514.43-10 001-1230-514.31-01 001-1230-514.49-01 001-1230-514.31-01 001-2020-514.43-10 001-2023-514.43-10 001-2023-514.31-01 001-2023-514.43-10 001-2023-514.43-10 001-2023-514.49-01 001-2023-514.31-01 001-2023-514.43-10 001-2025-514.41-50 001-2025-514.41-50 001-2025-514.31-01 001-2025-514.31-01 001-2025-514.31-01 001-2025-514.31-01 001-2025-514.41-50 001-2025-514.41-50 001-2025-514.31-11 001-2025-514.31-11 001-2025-514.31-01 001-2025-514.31-01 001-2025-514.31-60 001-2025-514.31-01 Amount 204.73 43.56 204.73 11.05 176.19 87.11 123.00 64.40 $3,311.19 $27,462.58 -. $69.24 3,955.00 301.52 46.40 (46.40) 305.00 590.00 129.13 $5,280.65 3,197.29 2,635.12 9.58 209.40 40.16 82.48 918.12 17,732.69 103.31 113.15 119.77 30.00 116.17 30.00 Page 3 of 30 Feb 9, 2026 8:03:46 AM February 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 ChargePoint Replenish 001-2025-514.31-01 30.00 SYSTEM 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 MRSC Webinar-J Molay/J Ro 001-3030-515.43-10 90.00 SYSTEM 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 BI 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 Chamber Luncheon-J Boado 001-4050-558.43-10 27.50 SYSTEM Building Division Total: $27.50 US BANK CORPORATE PAYMENT ChatGPT Subscr-B Braudric 001-4060-558.49-01 21.78 SYSTEM 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 AM February 17, 2026 E - 9 F°"W?4, City of Port Angeles 17 City Council Expenditure Report - Between Jan 24, 2026 and Feb 6, 2026 Vendor US BANK CORPORATE PAYMENT SYSTEM Planning Division Total: TURELLA, STEPHEN J DMD PLLC US BANK CORPORATE PAYMENT SYSTEM Description Kleenex (8 bxs) Tree watering bags (75)/k ChatGPT Subscr-B Braudric FACADE GRANT EV charging acct replenis EV charging acct replenis EV charging acct replenis Breakfast Reg-J Boado CED Clothing Breakfast Reg-C Goings Grammarly Subscr-J Boado ChatGPT Subscr ChargePoint Replenish Chamber Luncheon -A Torres Bridge Toll-S Cartmel Parking Fee-S Cartmel Bridge Toll-S Cartmel Office Furniture-Lamps(2) Parking Fee-S Cartmel Bridge Toll-S Cartmel Parking Fee-S Cartmel ChatGPT Subscr Lodging-S Cartmel EV charging acct replenis Economic Development Division Total: Community Development Department Total: US BANK CORPORATE PAYMENT Holster-D Miller SYSTEM WACE Conf Reg-R Bower WACE Mbmsp-R Bower Business Prime Mbmsp-PD Lodging-D Miller Lodging-R Bower Lodging-S Ryan Lodging/Parking-S Ryan Page 5 of 30 February 17, 2026 Account Number 001-4060-558.31-01 001-4060-558.31-01 001-4060-558.49-01 001-4071-558.49-91 001-4071-558.31-01 001-4071-558.31-01 001-4071-558.31-01 001-4071-558.43-10 001-4071-558.31-01 001-4071-558.43-10 001-4071-558.49-01 001-4071-558.49-01 001-4071-558.31-01 001-4071-558.43-10 001-4071-558.41-50 001-4071-558.41-50 001-4071-558.41-50 001-4071-558.31-01 001-4071-558.41-50 001-4071-558.41-50 001-4071-558.41-50 001-4071-558.49-01 001-4071-558.41-50 001-4071-558.31-01 001-5010-521.31-11 001-5010-521.43-10 001-5010-521.49-01 001-5010-521.31-01 001-5010-521.43-10 001-5010-521.43-10 001-5010-521.43-10 Amount 16.65 632.46 21.78 $3,642.90 10,000.00 20.00 20.00 30.00 10.61 696.96 10.61 156.82 21.78 40.00 30.00 5.50 23.15 5.50 104.52 23.15 5.50 18.75 21.78 991.47 40.00 $12,276.10 $15, 946.50 235.38 385.00 55.00 70.24 451.98 451.98 554.43 001-5010-521.43-10 66.18 Feb 9, 2026 8:03:46 AM 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 Ferry Ticket-B Smith 001-5010-521.43-10 23.20 SYSTEM 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 1 001-5021-521.43-10 21.50 J ORDONA-DIGITAL FORENSIC 001-5021-521.43-10 191.70 US BANK CORPORATE PAYMENT Faraday Bags(2)-Evidence 001-5021-521.31-01 479.16 SYSTEM 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 AM February 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 Airport Parking res-K Mal 001-5021-521.43-10 282.00 SYSTEM 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 AM February 17, 2026 E - 12 F°"W?4, City of Port Angeles 17 City Council Expenditure Report -.-' Between Jan 24, 2026 and Feb 6, 2026 Vendor Description US BANK CORPORATE PAYMENT Fuel-Hooper-NASRO SYSTEM Refund -defective crime sc Investigation Division Total: BEST FRIEND NUTRITION LINCOLN STREET STATION PORT ANGELES POLICE DEPARTMENT SWAIN'S GENERAL STORE INC US BANK CORPORATE PAYMENT SYSTEM VIKING SEW & VAC WAYNE'S DETAILING Patrol Division Total: MISC EMPLOYEE EXPENSE REIMBURSEMENT MISC TRAVEL PORT ANGELES POLICE DEPARTMENT QUILL CORPORATION US BANK CORPORATE PAYMENT SYSTEM FEED, BEDDING,VIT-ANIMALS SHIPPING AND HANDLING SHIPPING AND HANDLING EVIDENCE BAGS/AIR FRESHNR RENTAL/LEASE EQUIPMENT Police ID patches Polygraph exam-S Barcklow K9 Jute Cuff K9 GPS Tracker Lodging-Z Moore Lodging-Z Moore Police Tape 3 mil (24rls) Good to Go Acct Replenish Lodging-Z Moore Labels (3pks of 200)-Code Lodging-Z Moore Lodging-Z Moore MISCELLANEOUS SERVICES VELCRO PATCH EXTERNAL LABOR SERVICES REIMBURSEMENT UNIFORM ITE C JACOBI-WSP MASTERING AU K MACARTHUR-WSP MASTERING HEATER FOR RECORDS/PROP OFFICE SUPPLIES, GENERAL Carpet Cord Cover -Records Paper Sacks-Records/Prope Printer cleaning Kit Typewriter ribbon Account Number 001-5021-521.43-10 001-5021-521.31-01 001-5022-521.49-80 001-5022-521.42-10 001-5022-521.42-10 001-5022-521.31-01 001-5022-521.31-01 001-5022-521.31-11 001-5022-521.41-50 001-5022-521.49-80 001-5022-521.49-80 001-5022-521.43-10 001-5022-521.43-10 001-5022-521.31-01 001-5022-521.43-10 001-5022-521.43-10 001-5022-521.31-01 001-5022-521.43-10 001-5022-521.43-10 001-5022-521.31-11 001-5022-521.31-11 001-5022-521.45-21 001-5029-521.31-11 001-5029-521.43-10 001-5029-521.43-10 001-5029-521.31-01 001-5029-521.31-01 001-5029-521.31-01 001-5029-521.31-01 001-5029-521.31-01 001-5029-521.31-01 Amount 48.13 (217.79) $15,838.14 114.33 92.43 206.25 26.11 25.01 107.11 400.00 566.28 435.59 110.00 110.00 245.68 50.00 780.00 88.11 154.40 780.00 32.64 8.70 375.00 $4,707.64 76.44 23.00 23.00 43.55 97.65 15.22 139.17 26.90 76.23 Page 8 of 30 Feb 9, 2026 8:03:46 AM February 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 WAPRO Reg-C Jacob/K MacAr 001-5029-521.43-10 440.00 SYSTEM 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 Snacks -Dept Head/EOC dril 001-6010-522.31-01 63.71 SYSTEM 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 AM February 17, 2026 E - 14 City of Port Angeles -w°- Y 9 0 1100 City Council Expenditure Report - Between Jan 24, 2026 and Feb 6, 2026 Vendor US BANK CORPORATE PAYMENT SYSTEM Fire Administration Division Total: ANGELES MILLWORK & LUMBER PORT ANGELES POWER EQUIPMENT SWAIN'S GENERAL STORE INC US BANK CORPORATE PAYMENT SYSTEM WA STATE PATROL Fire Suppression Division Total: TOWNZEN & ASSOCIATES INC US BANK CORPORATE PAYMENT SYSTEM Fire Prevention Division Total: US BANK CORPORATE PAYMENT SYSTEM Description Account Number Laminating Sheets(100pk) 001-6010-522.31-01 FCC License Renewal 001-6010-522.42-12 SAT Phones/Equip 001-6010-522.42-10 Refund-Med Paper(1rm) 001-6010-522.31-01 Snacks -Officer Staff Mtg 001-6010-522.31-01 Starlink Svc 10/11-11/10/ 001-6010-522.42-12 Clasp envelopes(100pk) 001-6010-522.31-01 Ferry-C Dewey 001-6010-522.43-10 Ferry ticket-C Dewey 001-6010-522.43-10 Lodging-C Dewey 001-6010-522.43-10 Shipping tape(1rl) 001-6010-522.31-01 SAT Phones/Equip 001-6010-522.42-10 HDMI cables(2)/Flash driv 001-6010-522.31-01 EQUIP MAINT & REPAIR SERV EQUIPMENT MAINTENANCE,RE EQUIPMENT MAINTENANCE,RE EQUIPMENT MAINTENANCE,REC SUPPLIES LMNT bundles(5) Tetrahedrons (8pk)-helmet Union Fund Supplies Union Fund Supplies Helmet shields(12) Headset repairs License fee-veh #2521 Clock/timers(3)-union fit EDUCATION EXPENSES CODE CONSULTING Lodging-J McKeen Webinar Reg-J McKeen 001-6020-522.31-01 001-6020-522.35-01 001-6020-522.35-01 001-6020-522.35-01 001-6020-522.31-01 001-6020-522.49-90 001-6020-522.31-01 001-6020-522.49-90 001-6020-522.49-90 001-6020-522.31-11 001-6020-522.35-01 001-6020-522.45-21 001-6020-522.49-90 001-6020-522.43-10 001-6030-522.49-90 001-6030-522.43-10 001-6030-522.43-10 Refund -hotel parking-T Ga 001-6045-522.43-10 Amount 27.21 150.00 644.56 (31.24) 20.48 355.00 17.05 19.70 19.70 155.34 14.26 650.22 145.44 $4,091.21 107.63 (91.16) 91.16 91.16 15.21 735.07 78.90 277.71 2,024.56 149.91 194.81 56.56 332.10 10,031.00 $14,094.62 1,500.00 159.83 195.00 $1,854.83 (54.93) Page 10 of 30 Feb 9, 2026 8:03:46 AM February 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 Fuel veh 2422-J McKeen 001-6045-522.32-10 50.05 SYSTEM 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, GENERATOR MAINTENANCE 001-6050-522.41-50 952.88 INC SWAIN'S GENERAL STORE INC HOSES, ALL KINDS 001-6050-522.31-01 98.49 US BANK CORPORATE PAYMENT Fridge water filters(2)-S 001-6050-522.48-10 127.35 SYSTEM 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 AWC IACC Conf Reg -A Jones 001-7010-532.31-01 250.00 SYSTEM 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 (1 pk)/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 AM February 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 2032 Lithium batteries (4 001-7010-532.31-01 6.52 SYSTEM 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 T HAYES-ITE/IMSA CONF 001-7012-532.43-10 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 Ferry Tickets-C Geyer 001-8010-574.43-10 46.40 SYSTEM 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 & DUMP LOADS-LINCOLN PARK 001-8080-576.48-10 1,213.20 CONST 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 AM February 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 Line trimmer spools (4ea) 001-8080-576.31-20 243.45 SYSTEM 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 IIIImi 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 TOURISM MASTER PLAN SUPT 101-1430-557.41-50 5,000.00 BUREAU PORT ANGELES WATERFRONT WEST BY NW MURAL FESTIVAL 101-1430-557.41-50 7,913.49 DISTRICT 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 AM February 17, 2026 E - 18 F°"W?4, City of Port Angeles 17 City Council Expenditure Report -. Between Jan 24, 2026 and Feb 6, 2026 Vendor ANGELES CONCRETE PRODUCTS ANGELES MILLWORK & LUMBER BAXTER AUTO PARTS #15 MISC EMPLOYEE EXPENSE REIMBURSEMENT NELSON TRUCK EQUIPMENT CO INC NORTH SHORE GEO PORT ANGELES POWER EQUIPMENT PUD #1 OF CLALLAM COUNTY SWAIN'S GENERAL STORE INC US BANK CORPORATE PAYMENT SYSTEM WASHINGTON (DOT), STATE OF Street Division Total: Public Works -Street Department Total: Street Fund Total: CENTURYLINK CENTURYLINK-QWEST ESO SOLUTIONS INSIGHT PUBLIC SECTOR MISC EMPLOYEE EXPENSE REIMBURSEMENT MISC TRAVEL Description ROAD/HWY MAT NONASPHALTIC ROAD/HWY MAT NONASPHALTIC AUTO & TRUCK MAINT. ITEMS CDL REIMBURSEMENT QUILL CORPORATION US BANK CORPORATE PAYMENT SYSTEM STREET DE-ICER SYSTEM STREET DE-ICER SYSTEM HILL STREET REVIEW HARDWARE,AND ALLIED ITEMS PARTS MISC PROFESSIONAL SERVICE MISC PROFESSIONAL SERVICE FUEL,OIL,GREASE, & LUBES HAND TOOLS ,POW&NON POWER ITR Mbmsp Dues-J Boehme Sump Pump hose/gloves(2) 1.5" Glass(2ea)-Reinforce SNOW/ICE MAINT 01-06 A/C 300539444 01-03 A/C 333809527 MANAGEMENT SERVICES DATA PROC SERV &SOFTWARE MOVING EXPENSE REIMBURSEM S MORIARITY-NENA GIS CRIT K HATTON-APCO-NENA LEADER OFFICE SUPPLIES, GENERAL APCO Fall Conf Reg-K Hatt Business Prime Mbmsp-PenC APCO Conf Reg-S Craig OPSN Domain Renewal-PenCo Backup Internet-PenCom Account Number 102-7230-542.31-20 102-7230-542.31-20 102-7230-542.31-01 102-7230-542.49-90 102-7230-542.31-05 102-7230-542.43-10 102-7230-542.41-50 102-7230-542.31-01 102-7230-542.31-01 102-7230-542.47-10 102-7230-542.47-10 102-7230-542.31-01 102-7230-542.35-01 102-7230-542.49-01 102-7230-542.35-01 102-7230-542.31-20 102-7230-542.48-10 107-5160-528.42-11 107-5160-528.42-11 107-5160-528.49-01 107-5160-528.48-10 107-5160-528.43-10 107-5160-528.43-11 107-5160-528.43-11 107-5160-528.31-01 107-5160-528.43-11 107-5160-528.31-01 107-5160-528.43-11 107-5160-528.42-10 107-5160-528.42-12 Amount 829.43 51.62 7.60 136.00 13,000.00 13,855.32 700.00 159.64 85.76 15.09 23.20 75.73 97.81 347.00 133.90 166.88 165.29 $29,977.79 $29,977.79 $29,977.79 78.66 273.82 53,840.99 1,042.83 1,377.82 515.83 353.65 45.67 410.00 70.24 410.00 446.38 132.00 Page 14 of 30 Feb 9, 2026 8:03:46 AM February 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 First Aid Kit Supplies/Po 107-5160-528.31-01 90.50 SYSTEM 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 PBIA 4TH QTR 165-4078-558.41-50 7,644.20 DISTRICT 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 AM February 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 Cleaning Robot-Range/Clas 310-5950-594.65-10 816.74 SYSTEM 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 AM February 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 AM February 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 EV charging acct replenis 401-7111-533.31-01 10.00 SYSTEM 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 AM February 17, 2026 E - 23 F°"W?4, City of Port Angeles 17 City Council Expenditure Report . Between Jan 24, 2026 and Feb 6, 2026 Vendor PLATT ELECTRIC SUPPLY INC PUGET SOUND HARDWARE, INC SECURITY SERVICES NW, INC SWAIN'S GENERAL STORE INC THURMAN SUPPLY ULINE, INC US BANK CORPORATE PAYMENT SYSTEM WALTER E NELSON CO Description ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY HARDWARE,AND ALLIED ITEMS COMMUNICATIONS/MEDIA SERV FASTENERS, FASTENING DEVS FASTENERS, FASTENING DEVS BUILDING MAINT&REPAIR SER BUILDING MAINT&REPAIR SE BUILDING MAINT&REPAIR SE Safety fence -CI Cy Fair Speaker/hot dogs(8pks)-CI Electric fence string -CI IAEI Reg-T Peppard NWPPA Training-J Nelson Ferry tickets-K Haman Lodging-K Haman License fee-veh #2551 IMSA Mbmsp-T Commeree PAPER & PLASTIC-DISPOSABL SHIPPING AND HANDLING Electric Operations Division Total: Public Works -Electric Department Total: Electric Utility Fund Total: ALS ENVIRONMENTAL ANALYTICAL SERVICES AMAZON CAPITAL SERVICES OFFICE SUPPLIES, GENERAL ANGELES MILLWORK & LUMBER BRUSHES (NOT CLASSIFIED) FIRE CHIEF EQUIPMENT CO, INC JJC RESOURCES, LLC PLATT ELECTRIC SUPPLY INC PORT ANGELES POWER EQUIPMENT PAINTING EQUIPMENT & ACC EQUIP MAINT & REPAIR SERV ROAD/HWY MAT NONASPHALTIC ROAD/HWY MAT NONASPHALTIC ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY AUTO & TRUCK MAINT. ITEMS Account Number 401-7180-533.34-02 401-7180-533.34-02 401-7180-533.31-20 401-7180-533.31-01 401-7180-533.41-50 401-7180-533.34-02 401-7180-533.34-02 401-7180-533.35-01 401-7180-533.35-01 401-7180-533.35-01 401-7180-533.31-01 401-7180-533.31-01 401-7180-533.31-01 401-7180-533.43-10 401-7180-533.43-10 401-7180-533.43-10 401-7180-533.43-10 401-7180-533.45-21 401-7180-533.49-01 401-7180-533.31-01 401-7180-533.31-01 402-7380-534.41-50 402-7380-534.31-01 402-7380-534.31-20 402-7380-534.31-01 402-7380-534.48-10 402-7380-534.31-20 402-7380-534.31-20 402-7380-534.31-20 402-7380-534.31-20 402-7380-534.31-01 Amount 21.55 65.68 80.32 716.95 107.81 9.54 27.25 424.94 (424.94) 424.94 79.21 634.57 27.21 395.00 90.00 30.80 364.65 63.56 100.00 74.29 8.17 $5,161.22 $1,114, 343.88 $1,129,195.31 500.00 24.17 26.10 39.40 422.21 1,168.08 1,351.76 107.52 91.44 372.47 Page 19 of 30 Feb 9, 2026 8:03:46 AM February 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 Exam Prep Reg-C Blake 402-7380-534.43-10 430.00 SYSTEM 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 BI 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 ENVIRONMENTAL&ECOLOGICAL 402-7380-534.49-90 1,208.00 ECOLOGY Water Division Total: $29,049.00 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7382-534.47-10 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 AM February 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 & MISC PROFESSIONAL SERVICE 403-7480-535.41-50 672.80 WASTEWATE 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 SAFETY TOE BOOT REIMBURSE 403-7480-535.31-01 119.23 REIMBURSEMENT 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 PPRC Reg-D Freed 403-7480-535.43-10 650.00 SYSTEM 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 AM February 17, 2026 E - 26 F°"W?4, City of Port Angeles 17 City Council Expenditure Report . Between Jan 24, 2026 and Feb 6, 2026 Vendor AMAZON CAPITAL SERVICES ANGELES MILLWORK & LUMBER CLEAN EARTH EVIRONMENTAL SOLUTIONS FAMILY SHOE STORE HERMANN BROS LOGGING & CONST RABANCO, LTD REGIONAL DISPOSAL SNIFFER ROBOTICS SWAIN'S GENERAL STORE INC WA STATE RECYCLING ASSOCIATION SW - Transfer Station Division Total: AMAZON CAPITAL SERVICES ANGELES MILLWORK & LUMBER DATABAR INCORPORATED SWAIN'S GENERAL STORE INC Description FEED, BEDDING,VIT-ANIMALS FIRE PROTECTION EQUIP/SUP JANITORIAL SUPPLIES CLOTHING ACCESSORIES(SEE ENVIRONMENTAL SPECIALIST SHOES AND BOOTS GLASS TRANSPORT RECYCLING TRANSPORTATION COMPACTOR CHARGE TRANSFER STATION CHARGES TRANSFER STATION CHARGES ENVIRONMENTAL&ECOLOGICAL AIR CONDITIONING & HEATNG SHOES AND BOOTS JANITORIAL SUPPLIES MEMBERSHIPS PAPER (OFFICE,PRINT SHOP) PAINTING EQUIPMENT & ACC CALENDARINSERT SW BILL INSERT HOODY CLOTHING ACCESSORIES(SEE JANITORIAL SUPPLIES ELECTRONIC COMPONENTS JANITORIAL SUPPLIES WA STATE RECYCLING MEMBERSHIPS ASSOCIATION Solid Waste -Collections Division Total: SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE Solid Waste -Landfill Division Total: Public Works -Solid Waste Department Total: Solid Waste Utility Fund Total: Account Number 404-7538-537.31-01 404-7538-537.31-01 404-7538-537.31-01 404-7538-537.31-01 404-7538-537.41-50 404-7538-537.31-01 404-7538-537.41-50 404-7538-537.41-51 404-7538-537.41-51 404-7538-537.41-51 404-7538-537.41-51 404-7538-537.41-50 404-7538-537.31-01 404-7538-537.31-01 404-7538-537.31-01 404-7538-537.49-01 404-7580-537.31-01 404-7580-537.31-01 404-7580-537.41-15 404-7580-537.41-15 404-7580-537.31-01 404-7580-537.31-01 404-7580-537.31-01 404-7580-537.31-01 404-7580-537.31-01 404-7580-537.49-01 404-7585-537.31-20 Amount 65.28 154.16 114.39 118.94 917.23 300.00 1,575.00 47,169.67 20,093.90 153,687.60 302,072.89 4,356.00 227.34 182.84 65.24 165.00 $531,265.48 60.98 32.75 63.64 96.52 54.31 153.42 54.32 32.64 (18.48) 150.00 $680.10 748.49 $748.49 $532,694.07 $532,338.07 Page 22 of 30 Feb 9, 2026 8:03:46 AM February 17, 2026 E - 27 F°"W?4, City of Port Angeles 17 City Council Expenditure Report - Between Jan 24, 2026 and Feb 6, 2026 Vendor US BANK CORPORATE PAYMENT SYSTEM Division Total: Department Total: AMAZON CAPITAL SERVICES ANGELES MILLWORK & LUMBER BAXTER AUTO PARTS #15 CLALLAM CNTY DIV OF ENV HEALTH CLALLAM CONSERVATION DISTRICT PORT ANGELES POWER EQUIPMENT SWAIN'S GENERAL STORE INC US BANK CORPORATE PAYMENT SYSTEM Description Account Number Safety flashing Hazard li 406-0000-237.00-00 OFFICE SUPPLIES, GENERAL HAND TOOLS ,POW&NON POWER BUTCHER SHOP & MEAT EQUIP HAND TOOLS ,POW&NON POWER AUTO SHOP EQUIPMENT & SUP STREAM/WATER TESTING NURSERY STOCK & SUPPLIES 406-7412-538.31-01 406-7412-538.35-01 406-7412-538.31-01 406-7412-538.35-01 406-7412-538.31-01 406-7412-538.41-50 406-7412-538.44-10 AUTO & TRUCK MAINT. ITEMS 406-7412-538.31-01 FIRST AID & SAFETY EQUIP. 406-7412-538.31-01 JANITORIAL SUPPLIES 406-7412-538.31-01 Humanitix Reg-G Haskings 406-7412-538.43-10 Good to Go 406-7412-538.43-10 Safety flashing Hazard li 406-7412-538.35-01 Office chair-M Moore 406-7412-538.31-01 Stormwater Division Total: Public Works -Wastewater Department Total: Stormwater Utility Fund Total: US BANK CORPORATE PAYMENT Empty SlingPak(8)-First F 409-0000-237.00-00 SYSTEM Blue guns(7)-First Fed Gr 409-0000-237.00-00 Division Total: Department Total: ANGELES MILLWORK & LUMBER BOUND TREE MEDICAL, LLC SUPPLIES SUPPLIES SUPPLIES SUPPLIES SALE SURPLUS/OBSOLETE SALE SURPLUS/OBSOLETE 409-6025-526.43-10 409-6025-526.31-13 409-6025-526.31-01 409-6025-526.31-01 409-6025-526.31-01 409-6025-526.31-13 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 Amount (78.50) ($78.50) ($78.50) 71.32 31.66 22.00 38.10 43.00 1,274.00 264.98 60.81 135.84 20.19 250.00 6.50 960.59 979.02 $4,158.01 $4,158.01 $4,079.51 (261.21) (74.20) ($335.41) ($335.41) 15.34 1,146.57 378.46 2,075.12 1,949.05 196.01 MUM.] 743.93 Page 23 of 30 Feb 9, 2026 8:03:46 AM February 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 AA Batteries (4pk)-radio 409-6025-526.35-01 78.36 SYSTEM 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 Field Arts room rental -CO 409-6027-334.05-40 857.85 SYSTEM 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 AM February 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 Lodging-J Currie 421-7121-533.43-10 186.12 SYSTEM 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, WWTP DIGESTER CLEANING 453-7488-594.65-10 328,639.20 INC 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 93.6- Page 25 of 30 Feb 9, 2026 8:03:46 AM February 17, 2026 E - 30 F°"W?4, City of Port Angeles 17 City Council Expenditure Report . Between Jan 24, 2026 and Feb 6, 2026 Vendor AMAZON CAPITAL SERVICES ANGELES COLLISION REPAIR ANGELES MILLWORK & LUMBER BAXTER AUTO PARTS #15 CURTIS & SONS INC, L N DAREN'S POINT S FAR -WEST MACHINE & HYDRAULICS HECKMAN MOTORS, INC HUGHES FIRE EQUIPMENT INC LES SCHWAB TIRE CENTER MCMASTER-CARR SUPPLY CO O'REILLY AUTO PARTS R & S TRANSPORT, INC SIRENNET.COM SNAP -ON TOOLS - SARGENT TOOLS LLC TACOMA DODGE CHRYSLER JEEP THURMAN SUPPLY US BANK CORPORATE PAYMENT SYSTEM Description PAPER (OFFICE,PRINT SHOP) AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS SAFETY INSPECTIONS AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS RADIO & TELECOMMUNICATION AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS Diagnostic tool Subscr-an Lunch-3rd Qtr Safety Comm Snacks-3rd Qtr Safety Com Bridge Toll-Veh #2494 Account Number 501-7630-548.31-01 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.31-01 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.35-01 501-7630-548.34-02 501-7630-548.31-01 501-7630-548.48-02 501-7630-548.31-01 501-7630-548.31-01 501-7630-548.45-21 Amount 49.92 406.71 2,606.40 11.41 110.66 4,497.07 34.85 174.24 38.00 662.00 891.56 597.00 182.36 870.49 1,038.05 1,937.23 45.94 100.19 91.18 91.18 585.94 110.94 762.30 762.30 317.55 124.15 799.60 158.83 33.86 65.34 163.42 28.48 6.90 Page 26 of 30 Feb 9, 2026 8:03:46 AM February 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 Fiber Optic cables(30) 502-0000-237.00-00 (32.48) SYSTEM Fiber optic patch cables 502-0000-237.00-00 (7.71) Iperius 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 Anker Power banks(6) 502-2081-518.31-80 261.30 SYSTEM 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 AM February 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 Anker 737 power bank 502-2081-518.31-80 95.82 SYSTEM 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 UPS Replacement Battery 502-2082-594.65-10 79.49 SYSTEM Iperius 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 & 4TH QTR L&I 503-1661-517.49-50 177,298.01 INDUSTRIES Page 28 of 30 Feb 9, 2026 8:03:46 AM February 17, 2026 E - 33 F°"W?4, City of Port Angeles 17 City Council Expenditure Report . Between Jan 24, 2026 and Feb 6, 2026 Vendor Description DEPT OF LABOR & INDUSTRIES 4TH QTR 2025 WASHINGTON HOSPITAL SVCS DECEMBER FEE FOR SERVICE JANUARY FEE FOR SERVICE Worker's Compensation Division Total: AON RISK INSURANCE SERVICES UST INSURANCE RENEWAL WEST CIVICPLUS SUBSCRIPTION/CODIFICATION MISC CLAIM SETTLEMENTS IN HOUSE LIABILITY CLAIM IN HOUSE LIABILITY CLAIM IN-HOUSE LIABILITY CLAIM IN HOUSE LIABILITY CLAIM IN-HOUSE LIABILITY CLAIM Comp Liability Division Total: Self Insurance Department Total: Self -Insurance Fund Total: AFLAC CHAPTER 13 TRUSTEE EMPLOYEES ASSOCIATION EMPLOYMENT SECURITY DEPT EMPLOYMENT SECURITY -WA CARESFUND HSA BANK LEOFF OFFICE OF SUPPORT ENFORCEMENT PERS TEAMSTERS LOCAL 589 UNITED WAY (PAYROLL) WSCFF/EMPLOYEE BENEFIT TRUST Division Total: Department Total: AFLAC MONTHLY PREMIUMS CASE #125-11570 PAYROLL SUMMARY PAID FAMILY MEDICAL LEAVE LONG TERM CARE DEDUCTIONS EMPLOYEE DEDUCTIONS PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY Account Number 503-1661-517.49-50 503-1661-517.41-50 503-1661-517.41-50 503-1671-517.46-10 503-1671-517.41-50 503-1671-517.49-98 503-1671-517.49-98 503-1671-517.49-98 503-1671-517.49-98 503-1671-517.49-98 920-0000-231.53-10 920-0000-231.56-90 920-0000-231.55-30 920-0000-231.53-50 920-0000-231.53-51 920-0000-231.52-40 920-0000-231.51-21 920-0000-231.56-20 920-0000-231.51-10 920-0000-231.51-11 920-0000-231.51-12 920-0000-231.51-22 920-0000-231.54-10 920-0000-231.54-10 920-0000-231.56-10 920-0000-231.53-20 Amount 1,071.70 750.00 750.00 $179,869.71 4,642.00 11,285.85 1,130.00 3,254.91 1,130.00 (1,130.00) (1,130.00) $19,182.76 $272,741.84 $272,741.84 858.98 1,384.62 1,220.22 78,846.35 39,081.54 5,594.65 52,474.05 1,581.98 776.07 12,843.91 74,729.73 8,619.36 2,898.00 2,898.00 200.00 6,800.00 $290,807.46 $290,807.46 Page 29 of 30 Feb 9, 2026 8:03:46 AM February 17, 2026 E - 34 - City of Port Angeles City Council Expenditure Report Between Jan 24, 2026 and Feb 6, 2026 RIPF,- 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 AM February 17, 2026 E - 35 TA P-Q- ARTNGELES CITY COUNCIL ,rQ w A s H I N G T O N, U.S. MEMO Date: February 17, 2026 To: City Council From: Scott Curtin, Director of Public Works & Utilities Subject: Approve Electric Utility Easements 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. 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 following 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 February 17, 2026 E - 36 �1' • 1 . �11 mini = I . _ 1 ,♦� `= 1 ♦ .4P* oA ON -/ . 1� ��1 1 . I.1 . \ . 1 ./. 1 . 1 . 1 . I . 1 . 1 . 1.1 . I.1 . 1.1 . 1 . I.1 � 1 Easement 4 � 1 i � 1 .1if � � 1 if If Easement 3 I ii fJ Jl r,' II Easement 1 and2if n =:9 I II if II I If I I II _ • I I III February 17, 2026 ■1.1. ,; Fr{' , , u ' ; �. + : ,y: ;, ,,,� E-37 I If r: —. � ! •t i lin .7 }J te �IM{ r ,� }� 4 �j ,t FF-..r_.•,i fid •'� tT _,." / 2025-1471538 Page 1 of 2 Easement Port Angeles City Of Clallam County Washington 06/06/2025 11:05:02 AM 1111 PIPATAVC10 9ItMIX& irKQWit),1I II1 After Recording, return to: City of Port Angeles Public Works and Utility Engineering 321 E. 5th St. Port Angeles, WA. 98362 UTILITY EASEMENT Grantor(s): 230 E 5ch LLC Grantee(s): City of Port Angeles, Washington CLALLAM COUNTYTREASURER EXCISE TAX EXEMPT DATE JUN 0 6 2025 BY: 1 OAO For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned, owners of the land below described, hereby grant to the City of Port Angeles, a municipal corporation. Grantee. the perpetual, irrevocable easement and right of way under, over and across the land described below. The Grantee shall have the right to place, locate, construct, operate, repair, mair,;ain, 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, at no cost to the property owner, 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 stnke 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 pennission of the City of Port Angeles: Easement shall be 10 feet north from the south property line and ten feet east from the west property line ( a ten foot by ten foot area in the southwest comer) of the property known as Clallam County Assessor's parcel no. 0630000200030000, commonly identified as 230 East 51h Street, W 40' LT 2 & E 20' LOT 3 BL 200, in the township of Port Angeles, Clallam County Washington, as shown on Figure l attached hereto. 1) Grantee shall have the right to ingress and egress over and across the land of the 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 of the 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 of the Grantee's successors and assigns, including any party which it may grant contact, joint user, or other similar rights. Suree Chommuang Owner / President June 61" 2025 Grantor Title Date i G or Title Date STATE OF WASHINGTON) COUNTY OF CLALLAM} ss. This is to certify that on this _6th day of _lune , _2025_ personally appeared before m (Grantor)_Suree Chommuang 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. Given under my hand and official seal this —iz day of LlrE� ;6 0.9i��- io C�\ 1 NA�;1�• a`.� Notary Publitt inand for the State of Washington Residing at Page 1 of 2 February 17, 2026 E - 38 Figure 1: Easement Area 5tlV5th Alley �e 17 Page 2 of 2 February 17, 2026 E - 39 2025-1476976 Page 1 of 2 Easement Port Angeles City Of Clallam County Washington 11/13/2025 11:28:10 AM MIIIRIFArK11'.IVIVU 11111 After Recording, return to: City of Port Angeles Public Works and Utility Engineering 321 E. 5th St. Port Angeles, WA. 9 83 62 UTILITY EASEMENT Grantor(s): Larry Roberts and Robyn Roberts Grantee(s): City of Port Angeles, Washington For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned, owners of the land below described, hereby grant to the City of Port Angeles, a municipal corporation, Grantee, the perpetual, irrevocable easement and right of way 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 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 063000931120 (2003 Westview Drive, Port Angeles WA 98363) Clallam County Washington, as shown on Figure 1 attached hereto. 1) Grantee shall have the right to ingress and egress over and across the land of the 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 of the 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 of the Grantee's successors and assigns, including any party which it may grant contact, joint u5eg or othcr..�milar rights Larry Robe Property Owner Grantor Title atc Robyn Roberts Property Co -Owner I� Title � � �� Grantor I D(ate STATE OF WASHINGTON) COUNTY OF CLALLAM) ss. This is to certify that on this t- day of Pj2VCOf d _. -,—�personally appeared before me (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. 1 Given under my hand and official seal this t: day of &)0V9M bar ZoL S Cf:L LA ®s1NTY b fit; [I �����\ pg y/��i�� Q ft.ee�-C . i��.C7'X'.PLD R.. C, CK C!SE IX% EXFV,PT Notary Public in and for the State of Washington so \t •t EXP/ -i CI at¢.PctKt. tic_ ',tee 2�N27 z°S•• DATE NOV 3 2�� Residing at =a: Q a O\PPAll o �I ELTotj 0-e� pJ , BY: mR, .. • •� February 17, 2026 E - 40 �lwer ea.emot s 93' 2003 Westview Drive ' 06-30-00-93-1120 ra:wnnda / Setbnrto iron) li Gibe �: �ti e.,ck. zo 120' carer aM �0 roar / too, Mouse ?� '- woCON bt on..�w aT et�r�c t,,,nmt.p mvebpe / aerr8e ntOertal Y' % c •e IeeR MFaulA Hal es SNOW-4 t Iq qtM mdll / i� 100�. .� —_"_ _ _ _ rater rtw. �n • . Westview Drive i Figure 1: Easement Area February 17, 2026 E - 41 2026-1479260 Page 1 of 2 Easement Port Angeles City Of Clallam County Washington 01/28/2026 10:05:10 AM ■III 1r,� MUM1111 it Mli ihili W11411111 After Recording, return to: City of Port Angeles Public Works and Utility Engineering 321 E. 5th St. Port Angeles, WA. 98362 UTILITY EASEMENT Grantor(s): Andrew Pryor Grantee(s): City of Port Angeles, Washington CLALLAM COUI I EASURER EXCISE TAX EXEMPT DATE JAN 2 8 2026 BY: Lut, dLuhPA For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned owner(s) of the land below described, hereby grant to the City of Port Angeles, a municipal corporation, Grantee, the perpetual, irrevocable easement and right of way 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 10 feet of the westerly 5 feet of LOT 12 BLK 12 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 I Oft easements that compose a contiguous 1 Oft x10ft easement across the two adjoining lots 1 i and 12, bisected by the lot line: 1) Grantee shall have the right to ingress and egress over and across the land of the 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 of the 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 of the Grantee's successors and assigns, including any party which it may grant contact, joint user, or other similar rights. o-ik { r ( i 27/2 � Grantor Title Date Grantor Title Date STATE OF WASHINGTON} COUNTY OF CLALLAM I ss. This is to certifyw that on this Z 7 day of .b personally appeared before me (Grantor) �`�O(� � �40A' 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. Given under my hand and official seal this 'Z / day of ��� d2 b ��11111 I I I I l l/� \`���` 0 ....... �,s� . C •\40F' -20 cj NOTARY PUBLIC �X e4,�mbec �,i, o p rINASN;?G��� Notary Public in and for the State of Washington OVISM Residing at Page 1 of 2 February 17, 2026 E - 42 Figure 1: Easement Area 008581100 008581220 155 2 063008581230 k 11 12 NNSYLVANIA 41IRK ADDITION NOR 5FTx10 FT I EASEMEMTAREA Madrona St MMIll 1 To 1 063008581240 13 Page 2 of 2 February 17, 2026 E - 43 2026-1479261 Page 1 of 2 Easement Andrew Pryor Clallam County Washington 01/28/2026 10:05:10 AM ■III RFIFFFAT O L1AIWINC1,11AlIAWk,"),1I II After Recording, return to: City of Port Angeles Public Works and Utility Engineering 321 E. 5th St. Port Angeles, WA. 98362 UTILITY EASEMENT Grantor(s): Andrew Pryor Grantee(s): City of Port Angeles, Washington CLALLAM COUNT"IlREASURER EXCISE TAX EXEMPT DATE JAN 2 8 2026 i For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned owner(s) of the land below described, hereby grant to the City of Port Angeles, a municipal corporation, Grantee, the perpetual, irrevocable easement and right of way 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 1 1 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 1 attached hereto. Further noted that this easement is one of two 5ft x i Oft easements that compose a contiguous 1 Oft x10ft easement across the two adjoining lots 11 and 12, bisected by the lot line: 1) Grantee shall have the right to ingress and egress over and across the land of the 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 of the 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 of the Grantee's successors and assigns, including any party which it may grant contact, joint user, or other similar rights. (/21/ Z 4 Grantor STATE OF WASHINGTON) COUNTY OF CLALLAM} ss. Title Date This is to certify that on this 2! day of , 207.6personally appeared before me _(Grantor)_AM%Wkty—� 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. Given under my hand and official seal this-4-7 day of. `��.��ON......R�s%, NoraRy �'.z, '� A BLIC co U ` :9� m 2yo •:,�o`�� Ilmber Op**--- WASN`NGNN ��� G►J�cr Notary Public in and for the State of Washington Residing at Page 1 of 2 February 17, 2026 E - 44 Figure 1: Easement Area 053008581230 11 20 11 063 8581220 12 12 13 0630085812,10 14 06300 581155 P NNSY VANIA PA ZK ADDIT ON I 5FT X 10FT Madrona St EASEMENT AREA N 0510203040 EASEMENT AREA Feet v \ E C Page 2 of 2 February 17, 2026 E - 45 �P-QR-TANGELES CITY COUNCIL ,rQW A S H I N G T O N, U.S. MEMO Date: February 17, 2026 To: City Council From: Scott Curtin, Director of Public Works & Utilities Subject: 2025 Pole Testing — Final Acceptance CON-2025-03 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. 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 5t'', 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 February 17, 2026 E - 46 TA P_Q_ARTNGELES CITY COUNCIL ,rQ w A s H I N G T O N, U.S. MEMO 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 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. 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. 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 1Project Management and $6,437.30 Administration 2 — Title Review and Conveyance $2,055.10 Documents Drafts 3 — Valuation Services $3,059.98 4 — Negotiations, Administrative $23,182.80 Settlements, and QA/QC 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 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. Page 1 of 13 February 17, 2026 E - 49 Standard of Care Consultant represents and warrants that it has the requisite training, skill and experience 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 Page 2 of 13 February 17, 2026 E - 50 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 basis. 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 days 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 Page 3 of 13 February 17, 2026 E - 51 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 requirements; 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 assuring 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. Page 4 of 13 February 17, 2026 E - 52 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 and 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 impossible or so impractical as to be considered impossible under the circumstances Page 5 of 13 February 17, 2026 E - 53 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 Agreement 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 constitutes 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, Page 6 of 13 February 17, 2026 E - 54 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. Page 7 of 13 February 17, 2026 E - 55 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 expenses 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. Page 8 of 13 February 17, 2026 E - 56 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 attempts 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 negotiation 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. Page 9 of 13 February 17, 2026 E - 57 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: Title: Date: By: Printed Name: Title: Date: APPROVED AS TO FORM: BY: CITY ATTORNEY ATTEST: BY: CITY CLERK Page 10 of 13 February 17, 2026 E - 58 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 Page 11 of 13 February 17, 2026 E - 59 $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; Page 12 of 13 February 17, 2026 E - 60 • 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. Page 13 of 13 February 17, 2026 E - 61 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 Page 14 of 13 February 17, 2026 E - 62 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. Scope and Fee Table Summary Port Angeles -Ennis Creek Fish BarrierRemoval Project 1/22/26 The overhead rate shall increase to the revised state overhead rate, effective upon approval of the revised overhead rate by the state in which Indirect Cost Rate 121.85% the project is located Fixed Fee % 30.00% :Fully Burdened Tasks :Job Classif!cations Qty Total NTE Rate :Principal - $314.81 - 6 $1,888.88 1.0 Project Management and ESr. Project Manager $249.33 10 $2,493.32 Administration Title Review an Conveyance :Sr. Project Control Specialist :Sr. Project Control Specialist $171.26 $171.26 12 12 $2,055.10 $2,055.10 Documents Drafts 3.0 Valuation Services 'Sr. Righ t o f Way Agent t $204.00 15 $3,059.98 =Sr.RightofWayAgent $204.00 55 $11,219.92 4.0 Negotiations, Administrative Settlements, and QA/QC ;RightofWayAgent Project and File Closeout ::Sr. Project Control Specialist Directed Services(requireswrittenSr.ProjectManager $125.93 $171.26 $249.33 95 12 5 $11,962.88 $2,055.10 $1,246. 66 5.0 6.0 agreement) - - :RightofWay Agent $125.93 1 $125.93 Expenses ',Type Rate Qty. Total Other Direct Costs (ODC's) :Reproduction, Postage, and Delivery $400.00 1 $400.00 ;Appraisal and Appraisal Review (Requires NTP by $7,800.00 1 $7,800.00 :City) EMileage atcurrentfederal rate $ 0.725E 600 $435.00 Expense Total $8,635.00 Contract Total $46,797.87 ContractTotalwithContingency $46,797.8 END OF EXHIBIT Page 15 of 13 February 17, 2026 E - 63 ,rQP_Q_RTANGELES CITY COUNCIL %__ nr�_ W A S H I N G T O N, U.S. MEMO Date: February 17, 2026 To: City Council From: Scott Curtin, Director of Public Works & Utilities Subject: Material Purchase: 3PH 1500 KVA Padmounted Transformer 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. 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. 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 1 $51,589.00 $51,589.00 1500KVA 12470G RD/7200V- 280/120 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 February 17, 2026 E - 65 Sourcewell 091422-WES i Neg #: QT-26-01122929 We are pleased to offer you this quote HITACHI Project: Port Angeles Utilities / Wesco Distribution Inc / OPP-26-7392229_Wesco Portland —Port Angeles 3PH 1500kVA General Comments and Exceptions • Please verify bill of materials meets customer's requirements Complete bid includes general notes. Quote expires under any of the following conditions referred to the quote's date listed above: - After 30 days. - If the cost of any of the 5 main materials increases by more than 5%. Notes and Exceptions: - Field service is to be provided by others. - ANSI/IEEE standards apply. - Padlocks not supplied. - Any special tools to access compartments, or operate, adjust or maintain special parts will not be supplied. Please note: - Quoted unit(s) as listed below. Any change in accessories and/or performance(s) may change price(s). Exception is taken to any requirement contained in a customer spec and not specifically identified above or contained in our standard product offering. - Shipment time frame does not include time spent to design unit, send drawings for approval and received approved drawings. - If shipments by dedicated truck are required; it must be specified in P.O. - If dedicated truck shipment; it will be billed accordingly. - Export crating not supplied unless listed in below bill of materials. - This quote assumes these products will have as final destination the country specified in the request for quote. Diverting them to a different country is prohibited and it may be punishable with fines and prison by USA Federal Laws. • PRICE ADJUSTMENT CLAUSE (PAC) * See PAC in terms and conditions. * Required to be acknowledged on the issued PO. Weights: - Core Steel - Weighted 23%* - Aluminum - Weighted 13%* - Copper - Weighted 1 %* - Fluid - Weighted 10%* - Carbon Steel - Weighted 6%* - Labor - Weighted 18%* If the percentage change is less than +/- 2%, then no change will apply • This quotation is based solely on the following: - specification entitled "PAD -MOUNTED TRANSFORMERS FOR INVENTORY", no. MEC-2025-18; February 17, 2026 E - 66 Neg #: QT-26-01122929 - OPP notes: (1) 1500 kVA, HV 12470GY/7200, LV 480Y/277 • SPECIFICATION: *** Standard Hitachi Energy warranty is provided. Warranty period is the earlier of 18 months from delivery or 12 months from energization. Additional years of warranty can be added prior to shipment for an adder price of 1.0% of transformer unit price per year. Maximum warranty period available is 60 months from delivery. Hitachi Energy is not responsible for ""In/Out"" charges. ***/8 Clarification, shipping terms are FCA, Jefferson City MO, Freight prepaid and allowed. DAP (customer's desired shipping location -USA mainland only) is available for an additional 3%. 2.4; Clarification, Tap Changer Warning Sign is provided. 3.1; Clarification, (6) ABB wells with removable studs with (6) loadbreak inserts (200 amp) are provided 3.2; Exception, ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum) is provided. 4.1; Clarification, (4) stud bushings with 8-hole NEMA spades are provided. 4.1; Clarification, HOXO bushing with ground strap is provided. 4.2; Clarification, ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern is provided. 5.1; Clarification, (3) Bayonet expulsion fuses with isolation links are provided. 5.1; Clarification, Fuse/Switch Interlock Mechanism is provided. 5.2; Clarification, (1) 300amp LBOR transformer switch is provided. 6.2; Clarification, FR3 fluid is provided. 6.3.4/7.1; Exception, 24" deep cabinet is provided. 6.3.5; Exception, transformer to be arranged for rolling in two directions — parallel to and at right angles to one side of the transformer, as per section 8.6.b of IEEE C57.12.34-2022. 6.3.7; Clarification, Paint system complies with IEEE C57.12.28. Salt spray requirement was removed from the standard in 2005 and replaced with Simulated Corrosive Atmospheric Breakdown (SCAB) test. 6.3.8; Clarification, color Bell Green (Munsell 7GY 3.29/1.5) is provided 7.1; Clarification, welded cover with bolted handhole is provided. 7.1; Clarification, Trough Drip shield is provided. 7.1; Clarification, (3) DANGER HV signs are provided. 7.1; Seismic withstand - The transformers offered within this bid are quoted with an earthquake -resistant design. They are designed to withstand most instances up to and including 2.25g. 9; Clarification, unless stated otherwise in the quoted bill of materials, routine production/quality tests ONLY are included. ROUTINE TESTS INCLUDED: - Transformer turns ratio, all tap positions - Polarity (and Phase Relation) February 17, 2026 E - 67 Neg #: QT-26-01122929 - No-load loss and exciting current test at rated voltage - Resistance, load loss, and impedance test at rated voltage - Low frequency test - Induced voltage (Applied potential, Induced Potential) - Impulse/ Lightning Impulse - Leaks Witness testing / source inspections are not included. (see following pages for pricing) "Required to be added prior to order processing. 10; Hitachi Energy Jefferson City takes exception to all documentation other than the standard submittal documents listed below: 1. General Arrangement Drawing 2. Nameplate Drawing 3. Control Wiring Diagram (if applicable) 4. Fuse Coordination Curve (if applicable) 5. Spare Parts List (if applicable. No pricing included) Transformer test reports will be provided when available. All documents are provided in electronic format (.PDF) only. Drawings are available in 2-D format only. The documents listed above will follow Hitachi Energy standard format. Exception is taken to any template or format from the customer. Electronic format transformer O&M manuals are available upon request. Manuals are not shipped with transformers. • Field/coordination services are not provided. All field services, including installation, field testing and training, are to be provided by others. February 17, 2026 E - 68 Neg #: QT-26-01122929 Item Alt Qty Description Price Each (USD) 1500 KVA Liquid Filled Padmounted Transformer 1 2401 - Distribution Transformers, Jefferson City, USA (8DAG301441), PDC 51,589 9AAC30400623, DTAN-L3M135 Lead Times - Drawing Submittal : 3-4 Weeks after receipt of order. Orders requiring drawing approval (i.e. Approval orders): The shipping date from our Jefferson City Factory will be confirmed after we receive approved drawings back from the customer. Orders NOT requiring drawing approvals (i.e. Firm Orders): 18-22 Weeks after the acceptance of order. Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing. February 17, 2026 E - 69 Neg #: QT-26-01122929 ITEM QTY kVA EACH (USD) NIL I LL I Conductor %Z Unit Wt 1 1 1500 51,589 1 1649 @ 85 1 8973 @ 85 1 AI/AI 5.75 8807 ITEM Fluid Wt Fluid 1 2683 353 al Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate. Description: Type Liquid -Filled MTR Padmounted Transformer Fluid Natural Ester Fluid Core Grain Oriented Steel Phase 3 Phase Frequency 60 Hz Average Winding Rise 65 °C Ambient Temperature 30 °C High Voltage 12470GrdY/7200 High Voltage Taps +2 -2 2.5% High Voltage BIL 95kV BIL Low Voltage 480Y/277 Low Voltage BIL 30kV BIL Neutral HOXO bushing with ground strap Feed Configuration Loop feed Color Customer Specification MEC-2025-18 Features (included in price): TANK & CABINET • Dry Nitrogen Blanket • 6 parking stands • Seismic rated transformer design with seismic anchors • Penta-head cabinet handle bolt GROUNDING • 2 Stainless Steel Ground Pads BUSHINGS • Threaded stud LV bushings x 4 • ABB 200 amp HV bushing wells with removable studs x 6 • Loadbreak Inserts (dead front) x 6 • ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum) • 8-hole NEMA spade terminals x 4 • Spade Supports • ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES • Oil retaining valve on bayonet x 3 • Trough Drip Shield • Fused bayonet with isolation link x 3 SWITCHES • 2-position 300 amp LBOR transformer switch February 17, 2026 E - 70 Neg #: QT-26-01122929 Fuse/Switch Interlock Mechanism MONITORING • Schrader valve • Standard Thermometer w/max temp indicator Qualitrol 151-100-01 p/n 1 C07799H01 • Standard Pressure vacuum gage Qualitrol 50-35E p/n 213135271-101 • Liquid level Gauge Q 020-555-01 21312840H01 • Pressure Relief Valve FITTINGS • Drain valve and sampler MARKINGS • Tap Changer Warning Sign • "Non -PCB" on Nameplate • Mr Ouch DANGER label • Mr Ouch WARNING label • Three (3) DANGER HIGH VOLTAGE Signs • External KVA Stencil • External Voltage Stencil OTHER • Burndy #KC25 Ground connector w/9/16" threaded stud • 9.5" x 17.5" Tank Handhole Cover • 24" deep cabinet • DOE Efficiency (2016) Contains less -flammable biodegradable natural ester fluid with no detectable level of PCB, less than 1 PPM, at the time of manufacture. For information about natural ester fluid, go to: http://www.cargill. com/products/industrial/dielectric-ester-fluids/envirotemp-fr3/index.Isp Lead Times: Drawing Submittal: 3-4 Weeks after receipt of order. after receipt of order. Orders requiring drawing approval (i.e. Approval orders): The shipping date from our Jefferson City Factory will be confirmed after we receive approved drawings back from the customer. Orders NOT requiring drawing approvals (i.e. Firm Orders): 18-22 Weeks after the acceptance of order. Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing. Item 1 General Comments and Exceptions • DESIGN NOTE: Bushing leads are to be sufficient length to permit field replacement of bushings without opening the tank. • DESIGN NOTE: NEMA "High Voltage" warning decal on outside of transformer. • DESIGN NOTE: NEMA "High Voltage" danger decal on inside of secondary door. • DESIGN NOTE: 21/" Letter stenciling of kVA and secondary voltage, centered on primary door • DESIGN NOTE: Burndy #KC25 Ground connector w/9/16" threaded stud. February 17, 2026 E - 71 Neg #: QT-26-01122929 ** GENERAL TERMS AND CONDITIONS OF SALE ** This quotation is effective for 30 days from 2/6/2026, unless otherwise authorized by Hitachi Energy USA Inc.. Unless stated otherwise in the quotation, the following terms and conditions of sale will apply. 1. Payment Terms: Due in 30 days invoice date. 2. Freight Terms: Free Carrier. 3. Warranty: 18 months from delivery or 12 months from commissioning, whichever occurs first. 4. Terms and conditions of sale are based upon Hitachi Energy USA Inc. General Terms and Conditions of Sale. 5. Approval Orders: Prices are valid for units released for shipment within 60 days from the initial mailing date of approval drawings (typically 2 weeks ARO). Prices are valid for quoted shipment or best available lead-time at time of release. Orders on hold pending drawing approval beyond 60 days of initial drawing date are subject to price adjustment every 30 days. Pricing will be determined at time of release for agreed upon delivery. 6. Lead times for orders subject to drawing approval will be confirmed upon receipt of approval and release to manufacturing. 7. Transformers are designed, built, and tested to ANSI/IEEE C57 Transformer Standards for distribution class transformers. No other Codes/Standards apply unless noted on quote. Russia -Ukraine Situation For the purpose hereof, (i) "Russia -Ukraine Situation" means (1) the conflict between Russia and Ukraine which began on or around 24 February 2022 and/or (2) any other or further conflict which may arise out of or in connection with the same and/or (3) any economic and other sanctions imposed by, amongst others the United Nations, U.S., EU, UK, Japan Switzerland or any agency or authority against Russia, Russian entities and individuals, Russian goods, products, services, technology which may arise out of or in connection therewith, and/or (4) any economic and other sanctions imposed by, amongst others the United Nations, U.S., EU, UK, Japan Switzerland or any agency or authority thereof against any other country, entities and individuals, Russian goods, products, services, technology which may arise out of or in connection therewith; (ii) "Electronic Component Shortage" means the continuing global shortage of microchips or apparatus or components which include microchips. The Parties acknowledge that the Russia -Ukraine Situation and/or the Electronic Component Shortage is affecting or may have an adverse impact on [Hitachi Energy's] ability to perform the [offer] including but not limited to price increases, transportation and logistics constraints, shortages and price increases in the procurement of products and commodities (e.g. copper, aluminum, steel, oil and gas). If the Russia -Ukraine Situation and/or the Electronic Component Shortage continue affecting, will or may have any adverse impact, whether direct or indirect, on [Hitachi Energy's] ability to perform the [offer] in accordance with its terms [and/or the [Law]], the Parties shall, if so requested in writing by [Hitachi Energy / , negotiate in good faith and agree without delay reasonable amendments to the terms and conditions of the [offer], including, but not limited to, revisions of the [Schedule] and/or any increase in the [Contract Price]. In the absence of such agreement, [Hitachi Energy] shall, if it suffers delay and/or incurs additional [Costs] due to any direct or indirect impact of the Russia -Ukraine Situation and/or the Electronic Component Shortage, in any case be entitled to an extension of the [Time for Completion] and compensation for any additional [Costs]. Change in Laws Hitachi Energy shall comply with all federal, state and local laws, rules, regulations, ordinances, statutes, orders, codes and practices ("Applicable Laws"). If there is a change in any of the Applicable Laws after a February 17, 2026 E - 72 Neg M QT-26-01122929 purchase order is issued, Hitachi Energy shall notify Customer, and the parties agree to meet in good faith to discuss such change. The price and time to perform the work, shall be increased or decreased, based on the change and consistent with the time and price to perform the original scope of work. For purposes of this provision, "Change in Law" means any change in any Applicable Laws or Applicable Codes and Standards as in effect on the Effective Date, including the enactment, adoption, promulgation, implementation of laws passed but not yet effective or imposition of any new Applicable Laws with substantively different terms, or change in the application or in the interpretation by any governmental authority of any Applicable Laws after the Effective Date. Any tariffs/custom duties, import/export restrictions or embargoes that may result from any executive orders, proclamations or other Applicable Laws that have been or will be issued after January 20th, 2025 shall be considered a 'Change in Law' event and entitle Hitachi Energy to equitable adjustment of cost and price and extension of time of performance. Transportation/Delivery Purchaser has the responsibility to guarantee clear access to the delivery point. If Seller encounters obstructions preventing or hindering delivery, Purchaser shall be responsible for removal and replacement to permit Seller's clear access. Seller shall not be responsible for any added costs or delivery delays caused by such obstructions, nor any state or local regulations that impede or restrict the ability of the originally planned shipping vehicle to reach Purchaser's destination. In the event the Purchaser does not collect and/or agree to accept shipment of the products at delivery (unless otherwise stipulated in the contract), Seller will locate local storage facilities to which the products will be delivered, at which point contractual delivery will be deemed complete. Storage at such facilities will be at the Purchaser's expense. The Purchaser shall be liable for costs arising from such delay, including the Supplier's costs relating to storage, insurance, and handling of the products. storage rees Transformer Rating Weekly Storage Fee 750KVA and below $375 per week per transformer Above 750KVA $425 per week per transformer Handlinq Fees Transformer Rating Crane Charge Per Move 750KVA and below $750 Above 750KVA $1250 Factory Acceptance Testing (FAT) • Witness Testing can be added for $5,000 per transformer. Only two (2) transformers can be witness tested per day. • Final Inspection can be added for $2,000 per day of inspection. Dependent upon availability of product at time of inspection. • Please confirm intent to witness testing and/or perform final inspection by the time of release to manufacture otherwise FAT services will be considered waived. Price Adiustment Policy (PAC) To facilitate order acceptance, please reference this quote number and acknowledge acceptance of this PAC, on the order document. Due to extended delivery dates, pricing is not held constant between order placement and shipment. The price shall be adjusted per the price adjustment clause described below 3 months prior to shipment. A weighted combination of the following indices will be used for price adjustments: Core Steel — Hitachi Energy Index February 17, 2026 E - 73 Neg #: QT-26-01122929 Aluminum - PPI WPU102501 Copper- PPI WPU102502 Oil - PPI WPU057604 Carbon Steel - PPI WPU101707 Labor - CEU3133500008 Should the specified indices be discontinued, proper indices shall be submitted by mutual agreement of both parties. The Index Baseline will be the month and year in which the proposal is issued. Cancellation Fees Approval Orders • 20% after order entry • 50% after submittal of approval drawings • 80% after procurement of major materials • 100% 6 weeks prior to planned start of manufacture Firm Orders • 50% after order entry • 80% after procurement of major materials • 100% 6 weeks prior to planned start of manufacture We appreciate the opportunity to quote on this business. Hitachi Energy USA Inc. has had many years of experience building reliable, high quality transformers and we look forward to supplying this equipment. February 17, 2026 E - 74 Neg #: QT-26-01122929 KVA FEED A B C D E F WT 1500 Loop (Dead) 68 1 88 72.8 I 64.8 66 24 10300 All weights and dimensions are approximate. Dimensions may change to meet specific customer requirements. Weights are in pounds. Dimensions are in inches. Cooling fins may be required on the back and/or side of the tank if necessary. Maximum cooling fin depth is 16". Front View - —E— Top View B FINS FINS TANK FINS L Side View F CABLE OPENING _j OPP-26-7392229_Wesco Portland Port Angeles 3PH 1500kVA 2/6/2026 3-Phase Padmounted Transformer Hitachi Energy USA Inc., Jefferson City, MO February 17, 2026 E - 75 #: QT-26-01122929 Hitachi Energy USA Inc. GENERAL TERMS AND CONDITIONS OF SALE 1. General The terms and conditions contained herein, together with any additional or different terms contained in Hitachi Energy USA Inc.'s Proposal, if any, submitted to Purchaser (which Proposal shall control over any conflicting terms), constitute the entire agreement (the "Agreement") between the parties with respect to the order and supersede all prior communications and agreements regarding the order Acceptance by Hitachi Energy USA Inc of the order, or Purchasers acceptance of Hitachi Energy USA Inc.'s Proposal, is expressly limited to and conditioned upon Purchasers acceptance of these terms and conditions, payment for or acceptance of any performance by Hitachi Energy USA Inc being acceptance. These terms and conditions may not be changed or superseded by any different or additional terms and conditions proposed by Purchaser to which terms Hitachi Energy USA Inc. hereby objects. Unless the context otherwise requires, the term "Equipment" as used herein means all of the equipment, parts, accessories sold, and all software and software documentation, if any, licensed to Purchaser by Hitachi Energy USA Inc ("Software") under the order Unless the context otherwise requires, the term "Services" as used herein means all labor, supervisory, technical and engineering, installation, repair, consulting or other services provided by Hitachi Energy USA Inc underthe order. As used herein, the term "Purchaser' shall include the initial end use of the Equipment and/or services; provided, however, that Paragraph 13(a) shall apply exclusively to the initial end user. 2 Prices (a) Unless otherwise specified in writing, all Proposals expire thirty (30) days from the date thereof (b) Unless otherwise stated herein, Services prices are based on normal business hours (8 a m. to 5 p.m. Monday through Friday) Overtime and Saturday hours will be billed at one and one-half (1 1/2) times the hourly rate; and Sunday hours will be billed at two (2) times the hourly rate; holiday hours will be billed at three (3) times the hourly rate If a Services rate sheet is attached hereto, the applicable Services rates shall be those set forth in the rate sheet. Rates are subject to change without notice (c) The price does not include any federal, state or local property, license, privilege, sales, use, excise, gross receipts, or other like taxes which may now or hereafter be applicable Purchaser agrees to pay or reimburse any such taxes which Hitachi Energy USA Inc. or its suppliers are required to pay or collect If Purchaser is exempt from the payment of any tax or holds a direct payment permit, Purchaser shall, upon order placement, provide Hitachi Energy USA Inc a copy, acceptable to the relevant governmental authorities of any such certificate or permit. (d) The price includes customs duties and other importation or exportation fees, if any, at the rates in effect on the date of Hitachi Energy USA Inc I s Proposal Any change after that date in such duties, fees, or rates, shall increase the price by Hitachi Energy USA Inc.'s additional cost 3. Payment (a) Unless specified to the contrary in writing by Hitachi Energy USA Inc., payment terms are net cash, payable without offset, in United States Dollars, 30 days from date of invoice by wire transfer to the account designated by Hitachi Energy USA Inc in the Proposal (b) If in the judgment of Hitachi Energy USA Inc. the financial condition of Purchaser at any time prior to delivery does not justify the terms of payment specified, Hitachi Energy USA Inc may require payment in advance, payment security satisfactory to Hitachi Energy USA Inc, or may terminate the order, whereupon Hitachi Energy USA Inc shall be entitled to receive reasonable cancellation charges If delivery is delayed by Purchaser, payment shall be due on the date Hitachi Energy USA Inc is prepared to make delivery. Delays in delivery or nonconformities in any installments delivered shall not relieve Purchaser of its obligation to accept and pay for remaining installments. (c) Purchaser shall pay, in addition to the overdue payment, a late charge equal to the lesser of 1 1/2% per month or any part thereof or the highest applicable rate allowed by law on all such overdue amounts plus Hitachi Energy USA Inc.'s attorneys' fees and court costs incurred in connection with collection 4. Changes (a) Any changes requested by Purchaser affecting the ordered scope of work must be accepted by Hitachi Energy USA Inc and resulting adjustments to affected provisions, including price, schedule, and guarantees mutually agreed in writing prior to implementation of the change. (b) Hitachi Energy USA Inc may, at its expense, make such changes in the Equipment or Services as it deems necessary, in its sole discretion, to conform the Equipment or Services to the applicable specifications If Purchaser objects to any such changes, Hitachi Energy USA Inc. shall be relieved of its obligation to conform to the applicable specifications to the extent that conformance may be affected by such objection. 5 Delivery. (a) All Equipment manufactured, assembled or warehoused in the continental United States is delivered F.O B point of shipment Equipment shipped from outside the continental United States is delivered F.O.B United States port of entry. Purchaser shall be responsible for any and all demurrage or detention charges. (b) If the scheduled delivery of Equipment is delayed by Purchaser or by Force Majeure, Hitachi Energy USA Inc may move the Equipment to storage for the account of and at the risk of Purchaser whereupon it shall be deemed to be delivered. (c) Shipping and delivery dates are contingent upon Purchasers timely approvals and delivery by Purchaser of any documentation required for Hitachi Energy USA Inc.'s performance hereunder. (d) Claims for shortages or other errors in delivery must be made in writing to Hitachi Energy USA Inc within ten days of delivery Equipment may not be returned except with the prior written consent of and subject to terms specified by Hitachi Energy USA Inc Claims for damage after delivery shall be made directly by Purchaser with the common carrier 6 Title & Risk of Loss. Except with respect to Software (for which title shall not pass, use being licensed) title to Equipment shall remain in Hitachi Energy USA Inc. until fully paid for. Notwithstanding any agreement with respect to delivery terms or payment of transportation charges, risk of loss or damage shall pass to Purchaser upon delivery. 7 Inspection, Testing and Acceptance (a) Any inspection by Purchaser of Equipment on Hitachi Energy USA Inc's premises shall be scheduled in advance to be performed during normal working hours. (b) If the order provides for factory acceptance testing, Hitachi Energy USA Inc. shall notify Purchaser when Hitachi Energy USA Inc. will conduct such testing prior to shipment Unless Purchaser states specific objections in writing within ten (10) days after completion of factory acceptance testing, completion of the acceptance test constitutes Purchasers factory acceptance of the Equipment and its authorization for shipment (c) If the order provides for site acceptance testing, testing will be performed by Hitachi Energy USA Inc. personnel to verify that the Equipment has arrived at site complete, without physical damage, and in good operating condition. Completion of site acceptance testing constitutes full and final acceptance of the Equipment. If, through no fault of Hitachi Energy USA Inc, acceptance testing is not completed within thirty (30) days after arrival of the Equipment at the site, the site acceptance test shall be deemed completed and the Equipment shall be deemed accepted. 8. Warranties and Remedies. (a) Equipment and Services Warranty. Hitachi Energy USA Inc. warrants that Equipment (excluding Software, which is warranted as specified in paragraph (d) below) shall be delivered free of defects in material and workmanship and that Services shall be free of defects in workmanship. The Warranty Remedy Period for Equipment (excluding Software, Spare Parts and Refurbished or Repaired Parts) shall end twelve (12) months after installation or eighteen (18) months after date of shipment, whichever first occurs The Warranty Remedy Period for new spare parts shall end twelve (12) months after date of shipment. The Warranty Remedy Period for refurbished or repaired parts shall end ninety (90) days after date of shipment The Warranty Remedy Period for Services shall end ninety (90) days after the date of completion of Services. (b) Equipment and Services Remedy. If a nonconformity to the foregoing warranty is discovered in the Equipment or Services during the applicable Warranty Remedy Period, as specified above, under normal and proper use and provided the Equipment has been properly stored, installed, operated and maintained and written notice of such nonconformity is provided to Hitachi Energy USA Inc promptly after such discovery and within the applicable Warranty Remedy Period, February 17, 2026 E - 76 #: QT-26-01122929 Hitachi Energy USA Inc. shall, at its option, either (i) repair or replace the nonconforming portion of the Equipment or re -perform the nonconforming Services or (ii) refund the portion of the price applicable to the nonconforming portion of Equipment or Services. If any portion of the Equipment or Services so repaired, replaced or re -performed fails to conform to the foregoing warranty, and written notice of such nonconformity is provided to Hitachi Energy USA Inc. promptly after discovery and within the original Warranty Remedy Period applicable to such Equipment or Services or 30 days from completion of such repair, replacement or re -performance, whichever is later, Hitachi Energy USA Inc will repair or replace such nonconforming Equipment or re -perform the nonconforming Services The original Warranty Remedy Period shall not otherwise be extended (c) Exceptions Hitachi Energy USA Inc shall not be responsible for providing working access to the nonconforming Equipment, including disassembly and re -assembly of non -Hitachi Energy USA Inc, supplied equipment, orfor providing transportation to or from any repairfacility, all of which shall be at Purchaser's risk and expense Hitachi Energy USA Inc. shall have no obligation hereunder with respect to any Equipment which (i) has been improperly repaired or altered; (ii) has been subjected to misuse, negligence or accident; (iii) has been used in a manner contrary to Hitachi Energy USA Inc.'s instructions; (iv) is comprised of materials provided by or a design specified by Purchaser; or (v) has failed as a result of ordinary wear and tear Equipment supplied by Hitachi Energy USA Inc but manufactured by others is warranted only to the extent of the manufacturer' s warranty, and only the remedies, if any, provided by the manufacturer will be allowed (d) Software Warranty and Remedies. Hitachi Energy USA Inc warrants that, except as specified below, the Software will, when properly installed, execute in accordance with Hitachi Energy USA Inc's published specification If a nonconformity to the foregoing warranty is discovered during the period ending one (1) year after the date of shipment and written notice of such nonconformity is provided to Hitachi Energy USA Inc. promptly after such discovery and within that period, including a description of the nonconformity and complete information about the manner of its discovery, Hitachi Energy USA Inc. shall correct the nonconformity by, at its option, either (i) modifying or making available to the Purchaser instructions for modifying the Software; or (ii) making available at Hitachi Energy USA Inc's facility necessary corrected or replacement programs Hitachi Energy USA Inc shall have no obligation with respect to any nonconformities resulting from (i) unauthorized modification of the Software or (ii) Purchaser -supplied software or interfacing Hitachi Energy USA Inc. does not warrant that the functions contained in the software will operate in combinations which may be selected for use by the Purchaser, or that the software products are free from errors in the nature of what is commonly categorized by the computer industry as "bugs" (e) THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WHETHER WRITTEN, ORAL OR IMPLIED, AND ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USAGE OF TRADE ARE HEREBY DISCLAIMED THE REMEDIES STATED HEREIN CONSTITUTE PURCHASER' S EXCLUSIVE REMEDIES AND Hitachi Energy USA Inca S ENTIRE LIABILITY FOR ANY BREACH OF WARRANTY. 9 Patent Indemnity (a) Hitachi Energy USA Inc shall defend at its own expense any action brought against Purchaser alleging that the Equipment orthe use of the Equipment to practice any process for which such Equipment is specified by Hitachi Energy USA Inc. (a "Process") directly infringes any claim of a patent of the United States of America and to pay all damages and costs finally awarded in any such action, provided that Purchaser has given Hitachi Energy USA Inc. prompt written notice of such action, all necessary assistance in the defense thereof and the right to control all aspects of the defense thereof including the right to settle or otherwise terminate such action in behalf of Purchaser (b) Hitachi Energy USA Inc shall have no obligation hereunder and this provision shall not apply to: (i) any other equipment or processes, including Equipment or Processes which have been modified or combined with other equipment or process not supplied by Hitachi Energy USA Inc; (ii) any Equipment or Process supplied according to a design, otherthan an Hitachi Energy USA Inc design, required by Purchaser; (iii) any products manufactured by the Equipment or Process; (iv) any patent issued after the date hereof; or (v) any action settled or otherwise terminated without the prior written consent of Hitachi Energy USA Inc.. (c) If, in any such action, the Equipment is held to constitute an infringement, or the practice of any Process using the Equipment is finally enjoined, Hitachi Energy USA Inc. shall, at its option and its own expense, procure for Purchaser the right to continue using said Equipment; or modify or replace it with non -infringing equipment or, with Purchaser's assistance, modify the Process so that it becomes non -infringing; or remove it and refund the portion of the price allocable to the infringing Equipment THE FOREGOING PARAGRAPHS STATE THE ENTIRE LIABILITY OF Hitachi Energy USA Inc AND EQUIPMENT MANUFACTURER FOR ANY PATENT INFRINGEMENT. (d) To the extent that said Equipment or any part thereof is modified by Purchaser, or combined by Purchaser with equipment or processes not furnished hereunder (except to the extent that Hitachi Energy USA Inc. is a contributory infringer) or said Equipment or any part thereof is used by Purchaser to perform a process not furnished hereunder by Hitachi Energy USA Inc or to produce an article, and by reason of said modification, combination, performance or production, an action is brought against Hitachi Energy USA Inc., Purchaser shall defend and indemnify Hitachi Energy USA Inc in the same manner and to the same extent that Hitachi Energy USA Inc. would be obligated to indemnify Purchaser under this "Patent Indemnity" provision 10. Limitation of Liability (a) In no event shall Hitachi Energy USA Inc , its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of the Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, delays, and claims of customers of the Purchaser or other third parties for any damages Hitachi Energy USA Inc's liability for any claim whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case (except as provided in the section entitled "Patent Indemnity") exceed one-half (1/2) of the purchase price allocable to the Equipment or part thereof or Services which gives rise to the claim (b) All causes of action against Hitachi Energy USA Inc arising out of or relating to this Agreement or the performance or breach hereof shall expire unless brought within one year of the time of accrual thereof (c) In no event, regardless of cause, shall Hitachi Energy USA Inc be liable for penalties or penalty clauses of any description or for indemnification of Purchaser or others for costs, damages, or expenses arising out of or related to the Equipment and/Services 11 Laws and Regulations Hitachi Energy USA Inc does not assume any responsibility for compliance with federal, state or local laws and regulations, except as expressly set forth herein, and compliance with any laws and regulations relating to the operation or use of the Equipment or Software is the sole responsibility of the Purchaser All laws and regulations referenced herein shall be those in effect as of the Proposal date. In the event of any subsequent revisions or changes thereto, Hitachi Energy USA Inc. assumes no responsibility for compliance therewith If Purchaser desires a modification as a result of any such change or revision, it shall be treated as a change per Article 4 Nothing contained herein shall be construed as imposing responsibility or liability upon Hitachi Energy USA Inc. for obtaining any permits, licenses or approvals from any agency required in connection with the supply, erection or operation of the Equipment. This Agreement shall be governed by the laws of the State of New York, but excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and excluding New York law with respect to conflicts of law. Purchaser agrees that all causes of action against Hitachi Energy USA Inc. underthis Agreement shall be brought in the State Courts of the State of New York, or the U S District Court for the Southern District of New York If any provision hereof, partly or completely, shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision or portion hereof and these terms shall be construed as if such invalid or unenforceable provision or portion thereof had never existed 12. OSHA. Hitachi Energy USA Inc warrants that the Equipment will comply with the relevant standards of the Occupational Safety and Health Act of 1970 ("OSHA") and the regulations promulgated thereunder as of the date of the Proposal. Upon prompt written notice from the Purchaser of a breach of this warranty, Hitachi Energy USA Inc will replace the affected part or modify it so that it conforms to such standard or regulation Hitachi Energy USA Inc's obligation shall be limited to such replacement or modification. In no event shall Hitachi Energy USA Inc. be responsible for liability arising out of the violation of any OSHA standards relating to or caused by Purchaser's design, location, operation, or maintenance of the Equipment, its use in association with other equipment of Purchaser, or the alteration of the Equipment February 17, 2026 E - 77 Neg #: QT-26-01122929 by any party other than Hitachi Energy USA Inc 13. Software License (a) Hitachi Energy USA Inc owns all rights in or has the right to sublicense all of the Software, if any, to be delivered to Purchaser under this Agreement. As part of the sale made hereunder Purchaser hereby obtains a limited license to use the Software, subject to the following: (i) The Software may be used only in conjunction with equipment specified by Hitachi Energy USA Inc.; (ii) The Software shall be kept strictly confidential; (iii) The Software shall not be copied, reverse engineered, or modified; (iv) The Purchaser's right to use the Software shall terminate immediately when the specified equipment is no longer used by the Purchaser or when otherwise terminated, e g for breach, hereunder; and (v) the rights to use the Software are non-exclusive and non -transferable, except with Hitachi Energy USA Inc.'s prior written consent (b) Nothing in this Agreement shall be deemed to convey to Purchaser any title to or ownership in the Software or the intellectual property contained therein in whole or in part, nor to designate the Software a "work made for hire" under the Copyright Act, norto confer upon any person who is not a named party to this Agreement any right or remedy under or by reason of this Agreement In the event of termination of this License. Purchaser shall immediately cease using the Software and, without retaining any copies, notes or excerpts thereof, return to Hitachi Energy USA Inc the Software and all copies thereof and shall remove all machine readable Software from all of Purchaser's storage media 14 Inventions and Information. Unless otherwise agreed in writing by Hitachi Energy USA Inc and Purchaser, all right, title and interest in any inventions, developments, improvements or modifications of or for Equipment and Services shall remain with Hitachi Energy USA Inc Any design, manufacturing drawings or other information submitted to the Purchaser remains the exclusive property of Hitachi Energy USA Inc Purchaser shall not, without Hitachi Energy USA Inc's prior written consent, copy or disclose such information to a third party. Such information shall be used solely for the operation or maintenance of the Equipment and not for any other purpose, including the duplication thereof in whole or in part. 15 Force Majeure Hitachi Energy USA Inc shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, acts or omissions of any governmental authority or of Purchaser, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources orfrom defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing enumerated causes In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate Hitachi Energy USA Inc. for such delay 16 Cancellation. Any order may be cancelled by Purchaser only upon prior written notice and payment of termination charges, including but not limited to, all costs identified to the order incurred prior to the effective date of notice of termination and all expenses incurred by Hitachi Energy USA Inc attributable to the termination, plus a fixed sum of ten (10) percent of the final total price to compensate for disruption in scheduling, planned production and other indirect costs. 17. Termination No termination by Purchaser for default shall be effective unless, within fifteen (15) days after receipt by Hitachi Energy USA Inc. of Purchaser's written notice specifying such default, Hitachi Energy USA Inc shall have failed to initiate and pursue with due diligence correction of such specified default 18. Export Control. (a) Purchaser represents and warrants thatthe Equipment and Services provided hereunder and the "direct product" thereof are intended for civil use only and will not be used, directly or indirectly, forthe production of chemical or biological weapons or of precursor chemicals for such weapons, orfor any direct or indirect nuclear end use. Purchaser agrees not to disclose, use, export or re-export, directly or indirectly, any information provided by Hitachi Energy USA Inc or the "direct product" thereof as defined in the Export Control Regulations of the United States Department of Commerce, except in compliance with such Regulations. (b) If applicable, Hitachi Energy USA Inc. shall file for a U S. export license, but only after appropriate documentation for the license application has been provided by Purchaser Purchaser shall furnish such documentation within Hitachi Energy USA Inc. a reasonable time after order acceptance Any delay in obtaining such license shall suspend performance of this Agreement by Hitachi Energy USA Inc If an export license is not granted or, if once granted, is thereafter revoked or modified by the appropriate authorities, this Agreement may be canceled by Hitachi Energy USA Inc. without liability for damages of any kind resulting from such cancellation. At Hitachi Energy USA Inc's request, Purchaser shall provide to Hitachi Energy USA Inc. a Letter of Assurance and End -User Statement in a form reasonably satisfactory to Hitachi Energy USA Inc . 19. Assignment Any assignment of this Agreement or of any rights or obligations under the Agreement without prior written consent of Hitachi Energy USA Inc. shall be void 20 Nuclear Insurance -Indemnity For applications in nuclear projects, the Purchaser and/or its end user customer shall have complete insurance protection against liability and property damage resulting from a nuclear incident to and shall indemnify Hitachi Energy USA Inc. its subcontractors, suppliers and vendors against all claims resulting from a nuclear incident. 21 Resale If Purchaser resells any of the Equipment, the sale terms shall limit Hitachi Energy USA Inc's liability to the buyer to the same extent that Hitachi Energy USA Inc's liability to Purchaser is limited hereunder 22. Entire Agreement. This Agreement constitutes the entire agreement between Hitachi Energy USA Inc and Purchaser There are no agreements, understandings, restrictions, warranties, or representations between Hitachi Energy USA Inc and Purchaser other than those set forth herein or herein provided February 17, 2026 E - 78 TA P-Q- ARTNGELES CITY COUNCIL ,rQ w A s H I N G T O N, U.S. MEMO Date: February 17, 2026 To: City Council From: Calvin W. Goings, Deputy City Manager Eric Waterkotte, Information Technology Manager Subject: Laserfiche Annual Renewal 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. 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 February 17, 2026 E - 79 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 ProductQuantity U nit Cost Renewal Renewal Total Quantity U nit Cost Municipality Site License 1.00 $ .00 1.0000 $28,390.00 $28,390.00 (Population less than 25,000) (JSXGOV25) EnerGov Integration with Laserfiche 1.00 $ .00 1.0000 $1,200.00 $1,200.00 by CDI Annual Maintenance (CD6510S) ScanFront Integration with 1.00 $ .00 1.0000 $400.00 $400.00 Laserfiche by CDI Annual Maintenance (CD2020S) Software / Hardware: $ .00 Renewal: $29,990.00 Tax: $ 2,669.11 Total: $32,659.11 CDI 1 2000 O'Neil Rd., Suite 100 1 Hudson, WI 54016 1 P. 855.714.2800 1 cdi.support February 17, 2026 E - 80 TA P_Q_ARTNGELES CITY COUNCIL ,rQ w A s H I N G T O N, U.S. MEMO 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 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. 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 1 February 17, 2026 J - 1 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. Table 1 - Five Year Budget Overview for Networking Services Current Annual Budget Astound Leased Dark Fiber Initial equipment costs Total Budget difference Year 1 Year 2 Year 3 Year 4 Year 5 5 Year Total $179,400.00 $197,340.00 $217,074.00 $238,781.40 $262,659.54 $1,095,254.94 $154,368.00 $154,368.00 $154,368.00 $154,368.00 $154,368.00 $ 771,840.00 $134,000.00 $ - $ - $ - $ - $ 134,000.00 $ 288,368.00 $154,368.00 $154,368.00 $154,368.00 $154,368.00 $ 905,840.00 -$108,968.00 $42,972.00 $62,706.00 $84,413.40 $108,291.54 $189,414.94 * Assumes 10% yearly increase in costs 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/l/2026. Astound will phase in the new services and circuits as they are tested, slowly replacing the circuits currently covered by the legacy agreement. February 17, 2026 J - 2 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 4�/j� Astound Attachment 1 - DRAFT Business Solutions 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 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 February 17, 2026 J - 4 4�/j� Astound Business Solutions 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 "SLAB"), 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 SLAB); (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 (5t") 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 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 February 17, 2026 J - 5 4�/j� Astound Business Solutions 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 VIMID4111 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 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 February 17, 2026 J - 6 4�/j� Astound Business Solutions 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 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 February 17, 2026 J - 7 4�/j� Astound Business Solutions 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 SLAB, 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 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 February 17, 2026 1 - 8 4�/j� Astound Business Solutions 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, MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES — GOVERNMENTAL CUSTOMER pg. 6 Astound Business Solutions, LLC and City of Port Angeles 01/28/2026 FG: 110030074.3 February 17, 2026 1 - 9 4�/j� Astound Business Solutions 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 MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES — GOVERNMENTAL CUSTOMER pg. 7 Astound Business Solutions, LLC and City of Port Angeles 01/28/2026 FG: 110030074.3 February 17, 2026 J - 10 4�/j� Astound Business Solutions 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 (2n1) 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 (4t") 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 MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES — GOVERNMENTAL CUSTOMER pg. 8 Astound Business Solutions, LLC and City of Port Angeles 01/28/2026 FG: 110030074.3 February 17, 2026 1 - 11 4�/j� Astound Business Solutions 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 to 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 MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES — GOVERNMENTAL CUSTOMER pg. 9 Astound Business Solutions, LLC and City of Port Angeles 01/28/2026 FG: 110030074.3 February 17, 2026 J - 12 4�/j� Astound Business Solutions 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 MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES — GOVERNMENTAL CUSTOMER pg. 10 Astound Business Solutions, LLC and City of Port Angeles 01/28/2026 FG: 110030074.3 February 17, 2026 J - 13 4�/j� Astound Business Solutions 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 MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES — GOVERNMENTAL CUSTOMER pg. 11 Astound Business Solutions, LLC and City of Port Angeles 01/28/2026 FG: 110030074.3 February 17, 2026 J - 14 4�/j� Astound Business Solutions 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 MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES — GOVERNMENTAL CUSTOMER pg. 12 Astound Business Solutions, LLC and City of Port Angeles 01/28/2026 FG: 110030074.3 February 17, 2026 J - 15 4�/j� Astound Business Solutions 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 MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES — GOVERNMENTAL CUSTOMER pg. 13 Astound Business Solutions, LLC and City of Port Angeles 01/28/2026 FG: 110030074.3 February 17, 2026 J - 16 4�/j� Astound Business Solutions 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. MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES — GOVERNMENTAL CUSTOMER pg. 14 Astound Business Solutions, LLC and City of Port Angeles 01/28/2026 FG: 110030074.3 February 17, 2026 J - 17 4�/j� Astound Business Solutions 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: If to Customer: Astound Business Solutions, LLC City of Port Angeles 650 College Road East, Suite 3100 321 E 5th Street Princeton, NJ 08540 Port Angeles, WA 98362 ATTN: Business Solutions ATTN: City Manager With a Copy to: With Copies to: Astound Business Solutions, LLC City of Port Angeles 650 College Road East, Suite 3100 321 E 5th Street Princeton, NJ 08540 Port Angeles, WA 98362 ATTN: Legal Department 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 MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES — GOVERNMENTAL CUSTOMER pg. 15 Astound Business Solutions, LLC and City of Port Angeles 01/28/2026 FG: 110030074.3 February 17, 2026 1 - 18 4�/j� Astound Business Solutions 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 MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES — GOVERNMENTAL CUSTOMER pg. 16 Astound Business Solutions, LLC and City of Port Angeles 01/28/2026 FG: 110030074.3 February 17, 2026 J - 19 4�/j� Astound Business Solutions 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 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 February 17, 2026 J - 20 4�/j� Astound Business Solutions 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.] 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 February 17, 2026 J - 21 Astound Business Solutions 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.] MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES — GOVERNMENTAL CUSTOMER Astound Business Solutions, LLC and City of Port Angeles FG: 110030074.3 February 17, 2026 pg. 19 01/28/2026 J-22 4�/jt. Astound Business Solutions 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. Customer Credit as % of Target Availability Duration of Service Outage MRC for the applicable Circuit* Less than 4 minutes 20 seconds Target Met 99.99� Availability 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 EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES Astound Business Solutions, LLC FG: 110030074.3 February 17, 2026 pg. 20 02/10/2026 J-23 4�/jt. Astound Business Solutions 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. Customer Credit Target MTTR Actual MTTR as % of MRC for the applicable Circuit <_ 6 H rs. Target Met > 6 Hrs. to 10 Hrs. 5% 6 hr MTTR > 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. Customer Credit Target Maximum Actual Packet Loss as % of MRC for Packet Loss (lower end — upper end) the applicable Circuit 0% - 0.1% Target Met > 0.1% - 0.4% 5% <_ 0.1% Packet Loss > 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 EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES Astound Business Solutions, LLC FG: 110030074.3 February 17, 2026 pg. 21 02/10/2026 J-24 4�/jt. Astound Business Solutions • 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. Customer Target Target Target Actual One -Way Credit Local Inter- Long- as % of Market Market Haul Latency MRC for the (lower end -upper end) Latency Latency Latency applicable Circuit <_ Target Latency Target Met > Target up to 8 ms over Target 5� > 8 ms up to 15 ms over Target o 10% 10 ms or less 20 ms or less 50 ms or less > 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 1/30t" 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. EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES Astound Business Solutions, LLC FG: 110030074.3 February 17, 2026 pg. 22 02/10/2026 J-25 4�/jt. Astound Business Solutions 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 EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES Astound Business Solutions, LLC FG: 110030074.3 February 17, 2026 pg. 23 02/10/2026 J-26 4�/jt. Astound Business Solutions 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 EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 24 Astound Business Solutions, LLC 02/10/2026 FG: 110030074.3 February 17, 2026 J - 27 4�/jt. Astound Business Solutions 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:OOAM 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 EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES Astound Business Solutions, LLC FG: 110030074.3 February 17, 2026 pg. 25 02/10/2026 J-28 4�/jt. Astound Business Solutions 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; EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 26 Astound Business Solutions, LLC 02/10/2026 FG: 110030074.3 February 17, 2026 J - 29 4�/jt. Astound Business Solutions (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 EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES Astound Business Solutions, LLC FG: 110030074.3 February 17, 2026 pg. 27 02/10/2026 J-30 4�/jt. Astound Business Solutions 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 SLAB 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.] EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES Astound Business Solutions, LLC FG: 110030074.3 February 17, 2026 pg. 28 02/10/2026 J-31 4�/jt. Astound Business Solutions 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 Customer Credit Unavailability 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 10% hours > 16 hours up to 24 20% hours > 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 EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 29 Astound Business Solutions LLC 02 10/2026 FG:1106 ,'vary 1!, 2026 1 - 3 4�/jt. Astound Business Solutions 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. Customer Credit Target MTTR Actual MTTR as % of MRC for the applicable Service <_ 6 H rs. Target Met > 6 Hrs. to 10 Hrs. 5% 6 hr MTTR > 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 EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 30 Astound Business Solutions LLC 02 10/2026 FG:1106 ,'vary 1!, 2026 1 - 3 4�/jt. Astound Business Solutions 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 EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 31 Astound Business Solutions LLC 02/10/2026 FG:1106 ,'vary 1!, 2026 1 - 34 4�/jt. Astound Business Solutions (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:OOAM 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; EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 32 Astound Business Solutions LLC 02 10/2026 FG:1106 j'yary 1!, 2026 J - 3 4�/jt. Astound Business Solutions I= (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 EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 33 Astound Business Solutions LLC 02 10/2026 FG:110 �yary 1!, 2026 1 - 3 4�/jt. Astound Business Solutions 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 SLAB 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.] EXHIBIT B: SERVICE LEVEL AGREEMENT FOR DARK FIBER & WAVELENGTH SERVICES pg. 34 Astound Business Solutions LLC 02 10/2026 FG:1106 j'yary 1!, 2026 J - 3 Astound Business Solutions EXHIBIT C to Master Services Agreement for Enterprise Services Acceptable Use Policy for Commercial Services [See attached.] EXHIBIT C: ACCEPTABLE USE POLICY FOR COMMERCIAL SERVICES Astound Business Solutions, LLC FG: 110030074.3 February 17, 2026 pg. 35 02/10/2026 J-38 Astound Business Solutions EXHIBIT D to Master Services Agreement for Enterprise Services Services Addendum [See attached.] EXHIBIT D: SERVICES ADDENDUM Astound Business Solutions, LLC FG: 110030074.3 February 17, 2026 pg. 36 01/19/2026 J-39 4;1fit. Astound Business Solutions 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. Acceptable Use Policy for Commercial Services pg. 1 Astound Business Solutions, LLC 01/23/2025 February 17, 2026 J - 40 4;1fit. Astound Business Solutions (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. Acceptable Use Policy for Commercial Services pg. 2 Astound Business Solutions, LLC 01/23/2025 February 17, 2026 J - 41 4;1fit. Astound Business Solutions 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 https://www.astound.com/business/legal-disclosures/dmca-policy/ Last Updated: January 23, 2025 Acceptable Use Policy for Commercial Services Astound Business Solutions, LLC February 17, 2026 Policy on Astound's website: pg. 3 01/23/2025 J - 42 *A1P, Astound Business Solutions 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. Services Addendum pg. 1 AstounditWi $�1V0ft C2026 J _ 4/S2/2025 *A1P, Astound Business Solutions 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 Article 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 AU P. 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 expressly 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 for 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 with 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 specified 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 fiber -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 commercially 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 involving BCI Service. Temporary interruptions in or degradation of the BCI Service do not constitute failures on the part of Provider to fulfill its 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 simultaneously 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 Internet Access Service Customer receives Services Addendum pg. 2 AstounclF%WrM$ n9c,Js7L*.C2026 J "442/2025 *A1P, Astound Business Solutions 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 period, 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 or 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 primary, 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 damages 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 Provider determines to be compatible with CWF Service. Customer acknowledges that without the underlying Internet access Service, CWF Service will not function. Services Addendum pg. 3 AstounclFaWry$bry,176.C2026 J -452/2025 *A1P, Astound Business Solutions (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 separate 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 the 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, transferring, 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 95' 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 951h 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 Security 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 Services Addendum pg. 4 AstounclF%Wry%ry r�s7L*_C2026 J ' 462/2025 *A1P, Astound Business Solutions 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 Customer'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, trade 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 rights, 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 agrees 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 protecting 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. Instead, 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, malware, denial of service attacks, ransomware, cryptojacking, phishing, SQL injection, man in the middle attacks, etc.). Instead, 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 subject 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 Service 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 Customer'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 Services Addendum pg. 5 AstounclF%Wry%ry r�s7L*.C2026 1 -4/72/2025 *A1P, Astound Business Solutions 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 inability 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 ATHIRD-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 PROVIDER'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 applicable 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 amounts 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 Provider 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 provided to Customer. Services Addendum pg. 6 AstounclF%Wry%ryo1s7L*.C2026 J ' 482/2025 *A1P, Astound Business Solutions 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 substituted 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 I be and remain Customer'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 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 access 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 request, 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 include 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 Services Addendum pg. 7 AstouncF%Wry%ry r�s7L*.C2026 J ' 402/2025 *A1P, Astound Business Solutions 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 such 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 Hosted 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 Services 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 issue 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 commercially 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, such 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 substances 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 connectivity 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. Instead, 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 will 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. Services Addendum pg. 8 AstoundFR%WrY%rYc,1s7L*_C2026 J-(rg)02/2025 *A1P, Astound Business Solutions (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 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. (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 officers, 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 features 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. However, 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 representatives 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. Services Addendum pg. 9 AstounclFR%WrY%rY r�s7L*.C2026 J -(rg/12/2025 *A1P, Astound Business Solutions (ii) Al Features. Some options available with the Services incorporate or otherwise use artificial intelligence ("Al") 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 "Al Policy", available at www.serverdata.net/legal), which describes many of those risks. The terms of the Al Policy, as it may be amended and updated from time to time, are hereby incorporated by reference into, and made a part of, this Schedule (including, without limitation, Section 3 of the Al 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 from 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 example, 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 Service 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. Such 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 Customer'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 required by Customer's service provider to port Customer's number. Failure to provide any information requested by Provider or the third - Services Addendum pg. 10 AstounclF%WrY%rYor1s7L*_C2026 J -Cr9;2/2025 *A1P, Astound Business Solutions 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 service 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. (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 invoiced 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. (1) 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., NPA- 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 authorities 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. M 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, "Transaction 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 adequate 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 Services Addendum pg. 11 AstounclFR%WrY%rYc,r1s7L*_C2026 J -c9/32/2025 *A1P, Astound Business Solutions 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 relation 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 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 (at 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 utilizes 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 when 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 listing 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 providers 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. Services Addendum pg. 12 AstoundFR% l ry%ryAs7L*_C2026 J ' croJ42/2025 *A1P, Astound Business Solutions (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 Customer 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 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, 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 not 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 available 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 and 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 asset 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 User 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 will be immediately available on Customer's account, even prior to assigning the licenses to specific Users. After ordering a new Service Services Addendum pg. 13 AstouncFR%WrY%rYc,1s7L*_C2026 J ' (rg)52/2025 *A1P, Astound Business Solutions 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 Users. 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 to be billed for the licenses, even after the removal of the Userfrom 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 the 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 applicable 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 States or Canada. Licenses that are not assigned to a User will be assessed taxes based on the primary address 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 initial 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 that 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 duration — characteristics typically seen when using outbound dialer applications. The Services 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. Services Addendum pg. 14 AstoundrBfklLrmitr Rorls7L*-C2026 J "CM/2025 *A1P, Astound Business Solutions (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. Customer represents and warrants that (i) Customer and its Users are not named on any governmental authority's list of persons or entities prohibited from receiving exports, and (ii) Customer will not permit Users 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 lawful manner, and that Customer is solely responsible for the consequences of any use of the Services in violation 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 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. (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 of 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 recording features from outside the United 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. Customer should carefully review Customer's particular circumstances when deciding whetherto use the recording features of the Service, and it is solely Customer's responsibility to determine whether, and if so under what conditions, the electronic recordings are legal under applicable federal, state or local laws. 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 to 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 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 required by applicable law, retaining) records of any and all legally required consents when Customer makes or receives a call with call recording enabled. Customer expressly acknowledges that (i) nothing in this Section is provided or should be construed 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. Provider may Services Addendum pg. 15 AstouncFaWryary,174-C2026 J ' crg/72/2025 *A1P, Astound Business Solutions 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 displayed, 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, such 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 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 infringement arising out of the Hold Music provided by Customer to Provider and used 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 alleged 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 responsibility 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 Customer'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 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. (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 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 comply with applicable laws). The Chat Feature does not support the ability 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. Services Addendum pg. 16 AstoundFR%WrY%rYo1s7L*.C2026 J ' (io)82/2025 *A1P, Astound Business Solutions (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 from 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 business 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 and reminders, etc.), Customer is required to either: (1) 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 provisioningl; 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 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 third 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 interruption 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 increased 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 third 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 interruption Services Addendum pg. 17 AstouncFR%WrY%n9oJs7L*.C2026 J ' (io)02/2025 *A1P, Astound Business Solutions 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. (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 Customer to send such messages to them, as required under applicable law; and (B) Customer indemnifies Provider and the Provider Parties against any liability or responsibility for damages of any kind (e.g., direct, indirect, consequential, or otherwise) that arise from the failure by Customer or any third party using Customer's account to obtain all required 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 message 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 using 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 Provider or its carrier, will not be delivered to the intended recipient; and (C) Customer will indemnify Provider and the Provider Parties 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 Call" 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 Pri (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 (including 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 deletion, 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 limitation, 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 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 Services Addendum pg. 18 AstouncF%WrY%rYo1s7L*.C2026 J ' (6)02/2025 *A1P, Astound Business Solutions 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 Code). 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 inability 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 liability 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 has, either under Provider's direction or Customer's own actions, misconfigured any telephone or other device connecting 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 associated 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 number in Provider's or any of the Provider Parties' records; (iii) during any disruption of power at Customer's location; (iv) during any disruption of Internet connectivity to Customer's location; (v) during any period where the Services or any other Provider services necessary for Customer to be able to access and use the Services have been cancelled or suspended for any reason (including suspensions or cancellations for failure to pay or other Customer Default); (vi) if Customer or anyone acting on behalf of Customer has provided incorrect or invalid address information, or if such information is not updated 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 improperly (or is not) installed or configured, or (viii) in the event of a Force Majeure Event (as 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 out of the failure of 911 services to function properly for the reasons set forth 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 Services Addendum pg. 19 AstouncF%WrY%rY r�s7L*_C2026 J ' (6/12/2025 *A1P, Astound Business Solutions 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 Services 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 respect 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 agrees 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 Provider 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 addition, 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 settings 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 aversion 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 Services Addendum pg. 20 AstouncF%WrY%n9,Js7L*.C2026 J ' (6;2/2025 *A1P, Astound Business Solutions Service, but only if Customer's Account administrator enables the SMS functionality for such Users. The chat functionality of 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 materially 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 the 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 (INCLUDING 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 Services Addendum pg. 21 AstounclFR%Wry%ry r�s7L*.C2026 J ' (6/32/2025 *A1P, Astound Business Solutions 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 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, laws 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. Services Addendum pg. 22 AstouncFR% rM$ n9c,Js7L*.C2026 J ' (6J42/2025 *A1P, Astound Business Solutions (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 such use does not violate or infringe on the rights of any third party. Under no circumstances will Provider 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 denial 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 that Customer's content violates any provisions of the Agreement or applicable law. Customer retains its copyrights and any other intellectual property rights Customer 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 Conferencing 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 being 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, including 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 substantially 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 applicable 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 Provider immediately. Provider may investigate any complaints and violations that come to its attention and may take any (or no) action that Provider believes is Services Addendum pg. 23 AstouncF%WrY%rYo.1� 7L*_C2026 J ' 452/2025 *A1P, Astound Business Solutions appropriate, including, but not limited to issuing warnings, removing content, terminating accounts 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 THATTHE 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 MEETANY 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 terms 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 necessarily 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 Cloud 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, Services Addendum pg. 24 AstouncFBfkl LrYltng,ls7L*.C2026 J ' 462/2025 *A1P, Astound Business Solutions 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 THIRD -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 provided in part by Provider's vendor, Intermediamet, 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 Contact 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 Services Addendum pg. 25 AstoundF%Wry%ryo1s7L*_C2026 J ' (6/72/2025 *A1P, Astound Business Solutions 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 of 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 meaning 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 both 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. Services Addendum pg. 26 AstoundF%WrY%rYo17L*_C2026 J ' 482/2025 *A1P, Astound Business Solutions "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 services 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 printed 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, agents and representatives. "S inSci" means SpinSci Technologies LLC which offers certain services that are resold by Provider, including the Patient Notify'", Patient Assist'", Patient Engager"", 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) Al Features. Some options available with the Services incorporate or otherwise use artificial intelligence ("Al") 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 "Al Policy", available at www.serverdata.net/legal), which describes many of those risks. The terms of the Al Policy, as it may be amended and updated from time to time, are hereby incorporated by reference into, and made a part of, this Schedule (including, without limitation, Section 3 of the Al Policy, which identifies specific AI -based services and features that may be incorporated or otherwise used by the Services described in this Schedule). Services Addendum pg. 27 AstoundF%WrY%rYo1s7L*-C2026 J ' 402/2025 *A1P, Astound Business Solutions (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, orfor any other benchmarking or competitive purposes, 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 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 required by Customer's service provider to port Customer's number. Failure to provide any information requested by Provider or the third - 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 service 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 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 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 Services Addendum pg. 28 AstouncF%WrY%rY r�s7L*_C2026 J ' 07)02/2025 *A1P, Astound Business Solutions 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 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 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 (at 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 Services 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 failure of any service or facilities provided by Customer or any party other than Provider (including without limitation any telecommunications carrier or Internet service provider); (ii) the negligence or willful act or omission of Customer or Customer'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 limited 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. ) Services Addendum pg. 29 AstoundFR% l rY%rYAs7L*.C2026 J ' 07/12/2025 *A1P, Astound Business Solutions (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 blasting, 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 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 and opportunity to cure as required by the applicable terms of the Agreement, suspend or terminate 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 services 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 solely 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 Agreement 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 harass or to interfere with another user's use and enjoyment of the Services; (c) to transmit or knowingly to accept any material or Services Addendum pg. 30 AstouncF%WrY%rYo1s7L*_C2026 J ' 07;2/2025 *A1P, Astound Business Solutions communications that may infringe the intellectual property rights or other rights of third parties, including, but not limited 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, Trojan 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 gain 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 make 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 exports, 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 lawful 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 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. (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, 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 recording features from outside the United 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 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 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 Services Addendum pg. 31 AstoundFR%WrY%rYo.1� 7L*.d2026 J ' 07/32/2025 *A1P, Astound Business Solutions responsibility to determine whether, and if so under what conditions, the electronic recordings are legal under applicable federal, state or local laws. 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 or any Contact Center Agent or other representative of Customer, 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. 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 required by applicable law, retaining) records of) any and all legally required consents 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 consultation 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 Services, as provisioned in Provider's systems as of date that the CNAM order is entered. Provider may 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 displayed, 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, 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 CNAM 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 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 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 infringement arising out of the Hold Music provided by Customer to Provider and used 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 alleged 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 Services Addendum pg. 32 AstouncFR% rY%rYAs7L*_C2026 J "07 2/2025 *A1P, Astound Business Solutions 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. (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 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 Customer'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 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 delivered, messages that are deleted or lost, or User errors in the use of the Chat Feature (including without 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 comply with applicable laws). The Chat Feature does not support the ability 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. (g) Customer's Data and Privacy. (i) Provider does not own any of Customer's Data. Provider will handle Customer's Data in accordance 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, support 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 Provider's rights or property; and 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 identify Customer. Customer, not Provider, will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright and other applicable intellectual [property rights of all Data and, Provider will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. Customer understands and agrees that it will be Customer's sole obligation to take, and that Customer will take, all measures necessary to protect Customer's Data, including, without limitation, the timely backup of all Data on one or more systems that 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 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 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. Services Addendum pg. 33 AstouncFOrmar ,17L-C2026 J ' 07)52/2025 *A1P, Astound Business Solutions (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), including 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, loss 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 Third 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 doors, Trojan horses, worms, viruses and similar mechanisms. The warranty restrictions and liability 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) 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 the 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 any 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, Services Addendum pg. 34 AstouncFBfkl Lrmitr Rorls7L*-C2026 J ' 07*/2025 *A1P, Astound Business Solutions 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 differs from the standard version of the Services in several important 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 tone 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 this 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 properly 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 liable 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 network, 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 may 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 Customer'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 Customer 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: Services Addendum pg. 35 AstouncF%WrY%rYo1s7L*.C2026 J ' 07/72/2025 *A1P, Astound Business Solutions (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 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, message blasting, transmitting broadcasts, 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 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 of 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 jurisdiction 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. Services Addendum pg. 36 AstouncF%WrY%rY r�s7L*_C2026 J ' 07)82/2025 *A1P, Astound Business Solutions (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 anytime during the Service Term for the Cloud Contact Center Services, Intermedia terminates the underlying services it provides to Provider for any reason, then 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 Services. 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 passed 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 Services Addendum pg. 37 AstounclF%WrY%rY r�s7L*_C2026 J ' X02/2025 *A1P, Astound Business Solutions 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 or 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 beyond Provider's reasonable control. Temporary service interruptions for 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://l11lsystems.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. Services Addendum pg. 38 AstouncF%WrY$brYAs7L*.C2026 J ' (692/2025 *A1P, Astound Business Solutions 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 FUNCTIONALITY 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 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 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. below: (a) Definitions. For purposes of the Cloud Hosting Services, the following terms shall have the meanings set forth (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) and 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. Services Addendum pg. 39 AstouncFaWryary,174-C2026 J ' ce/12/2025 *A1P, Astound Business Solutions (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 or other usage of any kind of Protected Information or any other Customer Data (including Protected Information). 9.5 Recommendation to Maintain Other Cop(v/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 Hosting 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 Cloud 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 Services Addendum pg. 40 AstouncFaIlArmary,174-C2026 J ' co;2/2025 *A1P, Astound Business Solutions 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, Customer is responsible for migrating the Customer Data to a new location at Customer's sole risk, 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 the expiration or earlier termination of the Agreement or during the Transition Period. Provider's continued hosting or storage of Customer Data during a Transition Period and any migration assistance provided by Provider shall be subject to the Parties' execution 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 Bare Metal Colocation IaaS (Astound Cloud and Astound Secure Cloud) BaaS (Astound Secure Cloud Backup) DRaaS (Astound Secure Disaster Recovery as a Service) Astound Secure Cloud Backup for Office 365 Astound Secure Cloud Object Storage Availability 100% 100%* 100% 100% 100% 100% 100% *This colocation availability SLA is exclusively applicable to infrastructure provided by Provider, and it applies only if the 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 Customer 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 shall not be deemed unavailable (without limitation) in the event of any one or more of the following: Services Addendum pg. 41 AstoundF%1 rY%r Ror1s7L*-C2026 J ' ce/32/2025 *A1P, Astound Business Solutions (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 ("NIOC") and open a Trouble Ticket regarding the problem. The duration of any unavailability or other failure to meet the target metrics set forth in this SLA commences when Customer opens a Trouble Ticket 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 performance, 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 Services Addendum pg. 42 AstoundFaIlArmar ,17L-C2026 J ' C6 2/2025 *A1P, Astound Business Solutions 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. 0) 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 achieve 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 Severity 1 Severity 2 Severity 3 Description Production system down: is a critical impact to operations. Initial Resolution Response Response Target Target Target A service is "down" or there < 15 mins the customer's business System impaired: Customer's business has moderate <30mins loss or degradation of services and can reasonably continue in an impaired or restricted manner. General guidance: Customer has a general question or < 2 hrs need help using an Astound product/service. < 2 hrs 100% < 4 hrs 100% < 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 either a Veeam Service Agreement or a third party Reseller. Condition Billing Credit F Monthly Uptime Percentage < 100.00% and >= 1% of Monthly Service Fee Billed for Affected Cloud/Data Center Resource 99.95% Monthly Uptime Percentage < 99.95% and >= 5% of Monthly Service Fee Billed for Affected Cloud/Data Center Resource 99.00% Services Addendum pg. 43 AstoundFaIlArmary,174-C2026 J ' (o)52/2025 *A1P, Astound Business Solutions Monthly Uptime Percentage < 99.00% and >_ 98.00% Monthly Uptime Percentage < 98.00% 10% of Monthly Service Fee Billed for Affected Cloud/Data Center Resource 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. Credits 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 calendar 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 exclusive 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 notify 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 to 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 or 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 SLAB 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 Services Addendum .1 Q pg. 44 AstouncFRfklRLrmitryo�7Li_C2026 J "co*/2025 *A1P, Astound Business Solutions 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 as 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 minimize 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 same 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, the 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 provisions of this Services Addendum that apply to the component Services comprising Remote Virtual Office Services also apply to the Remote Virtual Office Services. 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 Virtual 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 and 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) that 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. Services Addendum pg. 45 AstoundFaIlArm$b(►y,174-c2026 J ' ce/72/2025 *A1P, Astound Business Solutions (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 responsibility 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 Customer'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 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 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 RESPECTTHERETO. 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. [The remainder of this page is intentionally left blank.] Services Addendum pg. 46 AstoundF%1 ry%r Ror1s7L*_C2026 J ' c482/2025 kA1it.a Attachment 2 -Draft Astound Business Solutions 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 A Location Z Location Description of Identifier End Point End Point Fiber NRC MRC PS 2 City Hall (HUB Site) PS 2 Fiber 109 South Cherry Street 321 E. 5th Street 1 strand single mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: PS 3 City Hall (HUB Site) PS 3 Fiber 1506 Marine Drive 321 E. 5th Street 1 strand single mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: PS 4 City Hall (HUB Site) PS 4 Fiber 314 Marine Drive 321 E. 5th Street 1 strand single mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: PS 5 City Hall (HUB Site) PS 5 Fiber 219 E. 2nd Street 321 E. 5th Street 1 strand single mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: PS 6 City Hall (HUB Site) PS 6 Fiber 933 Church Avenue 321 E. 5th Street 1 strand single mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: PS 7 City Hall (HUB Site) PS 7 Fiber 2250 W. 19th Street 321 E. 5th Street 1 strand single mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: ORDER FOR DARK FIBER SERVICES: OP458676 Astound Business Solutions, LLC / City of Port Angeles FG: 110033631.2 February 17, 2026 pg. 1 07/28/2025 J-89 kA1it. Astound Business Solutions PS 8 City Hall (HUB Site) PS 8 Fiber 1312 South H Street 321 E. 5th Street 1 strand single mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: PS 9 City Hall HUB Site) PS 9 Fiber 226 South Del Guzzi Drive 321 E. 5 Street 1 strand single mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: PS 10 City Hall (HUB Site) PS 10 Fiber 1829 % W. 12th Street 321 E. 5th Street 1 strand single mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: PS 11 City Hall HUB Site) PS 11 Fiber 10 Eclipse Industrial Parkway 321 E. 5 Street 1 strand single mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: PS 12 City Hall (HUB Site) PS 12 Fiber 150 N. Brook Avenue 321 E. 5th Street 1 strand single mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: PS 13 City Hall (HUB Site) PS 13 Fiber 740 N. Masters Road 321 E. 5th Street 1 strand single mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: PS 14 City Hall (HUB Site) PS 14 Fiber 1100 P Street 321 E. 5th Street 1 strand single mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: Bldg A (WWTP SCADA) City Hall (HUB Site) Bldg A SCADA 3501 W. 181h Street 321 E. 5th Street 1 strand single mode dark $0 $275 Fiber Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: WasteWater Treatment City Hall HUB Site) WasteWater 1509 Columbia Street 321 E. 5 Street 2 strands single Treatment mode dark $0 $550 port Angeles, WA 98363 Port Angeles, WA 98362 Fiber Route fiber Demarc: Demarc: Peabody Reservoir City Hall HUB Site) Peabody Res. 601 Viewcrest Avenue 321 E. 5 Street 1 strand single mode dark $0 $275 Fiber Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: ORDER FOR DARK FIBER SERVICES: OP458676 Astound Business Solutions, LLC / City of Port Angeles FG: 110033631.2 February 17, 2026 pg. 2 07/28/2025 J-90 kA1it. Astound Business Solutions Mill Creek Reservoir City Hall HUB Site) Mill Creek Res. 326 E. Scribner Road 321 E. 5 Street 1 strand single mode dark $0 $275 Fiber Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: Jones Street Reservoir City Hall (HUB Site) Jones Street 1211 E. Lauridsen Blvd th 321 E. 5 Street 1 strand single Res. Fiber mode dark $0 $275 Port Angeles, WA 98363 Port Angeles, WA 98362 Route fiber Demarc: Demarc: Fairmount Pump Station City Hall HUB Site) Fairmount PS 4379 South C Street Extension 321 E. 5 Street 1 strand single mode dark $0 $275 Fiber Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: ELWHA Treatment City Hall (HUB Site) ELWHA 326 Crown Zee Road th 321 E. 5 Street 1 strand single Treatment mode dark $0 $275 port Angeles, WA 98363 Port Angeles, WA 98362 Fiber Route fiber Demarc: Demarc: E Street Reservoir City Hall (HUB Site) E Street Res. 1018 S. E Street 321 E. 5th Street 1 strand single mode dark $0 $275 Fiber Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: Black Diamond Reservoir City Hall HUB Site) Black 203 Reservoir Road 321 E. 5 Street 1 strand single Diamond Res. mode dark $0 $275 port Angeles, WA 98363 Port Angeles, WA 98362 Fiber Route fiber Demarc: Demarc: PA Water Treatment Plant City Hall (HUB Site) PA Water 3501 W. 181h Street Bldg. J 321 E. 5th Street 2 strands single g Treatment mode dark $0 $550 Port Angeles, WA 98363 Port Angeles, WA 98362 Fiber Route fiber Demarc: Demarc: Substation A Street City Hall HUB Site) Substation A 1616 A Street 321 E. 5 Street 1 strand single Street Fiber mode dark $0 $275 Port Angeles, WA 98363 Port Angeles, WA 98362 Route fiber Demarc: Demarc: Substation College City Hall HUB Site) Substation 1306 E. Park Street 321 E. 5 Street 1 strand single College Fiber mode dark $0 $275 port Angeles, WA 98363 Port Angeles, WA 98362 Route fiber Demarc: Demarc: Substation F Street City Hall HUB Site) Substation F 1604 S. F Street 321 E. 5 Street 1 strand single Street Fiber mode dark $0 $275 port Angeles, WA 98363 Port Angeles, WA 98362 Route fiber Demarc: Demarc: ORDER FOR DARK FIBER SERVICES: OP458676 Astound Business Solutions, LLC / City of Port Angeles FG: 110033631.2 February 17, 2026 pg. 3 07/28/2025 J-91 kAAt. Astound Business Solutions Substation I Substation I Street City Hall (HUB Site) 1 strand single g 1538 W. 71n Street 321 E. 5tn Street Street Fiber mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: Substation Laurel City Hall (HUB Site) Substation 110 E. 14t" Street 321 E. 5t" Street 1 strand single g Laurel Fiber mode dark $0 $275 port Angeles, WA 98363 Port Angeles, WA 98362 Route fiber Demarc: Demarc: Substation Valley City Hall (HUB Site) Substation 206 S. Valley Street to 321 E. 5 Street 1 strand single Valley Fiber mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: Substation Washington City Hall (HUB Site) Substation 224 S. Washington Street to 321 E. 5 Street 1 strand single Washington mode dark $0 $275 Fiber Route port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: Light Operations City Hall (HUB Site) Light Ops 1734 W. Highway 101 321 E. 5t" Street 2 strands single mode dark $0 $550 Fiber Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Demarc: City Hall HUB Site) Corp Yard Corp Yard Admin 321 E. 5thStreet 1 strand single Admin Fiber 1703 South B Street mode dark $0 $275 Route Port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: City Hall (HUB Site) Fire Dept Fiber Fire Department to 321 E. 5 Street 1 strand single to 102 E. 5 Street mode dark $0 $275 Route Port Angeles, WA 98362 Port Angeles, WA 98362 fiber Demarc: Park Shop (new) City Hall (HUB Site) 1 strand single Park Shop 2602 W. 19 Street 321 E. 5t" Street mode dark $0 $275 Fiber Route port Angeles, WA 98363 Port Angeles, WA 98362 fiber Demarc: Peabody/1st City Hall (HUB Site) 1 strand single sc Peabody/1 to 321 E. 5 Street Fiber Route 48.116856-123.427898 port Angeles, WA 98362 mode dark $0 $275 Port Angeles, WA 98362 fiber Demarc: 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. ORDER FOR DARK FIBER SERVICES: OP458676 pg. 4 Astound Business Solutions, LLC / City of Port Angeles 07/28/2025 FG: 110033631.2 February 17, 2026 J - 92 kAAt. Astound Business Solutions 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 PROVIDER: ASTOUND BUSINESS SOLUTIONS, LLC By By Name: Name: Title: Title: Date: Date: ORDER FOR DARK FIBER SERVICES: OP458676 Astound Business Solutions, LLC / City of Port Angeles FG: 110033631.2 February 17, 2026 pg. 5 07/28/2025 J-93 TA P_Q_ARTNGELES CITY COUNCIL ,rQ w A s H I N G T O N, U.S. MEMO 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 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. 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. 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 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 Page 1 of 4 February 17, 2026 J - 96 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 undcr my hand and official seal this day of Printed Name of Notary: Notary Public in and for the State of Washington Residine 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 Residine at My commission expires on Page 2 of 4 February 17, 2026 J - 97 EXHIBIT "A" EASEMENT DESCRIPTION AN EASEMENT LOCATED OVER, UNDER AND ACROSS PORTIONS OF SUBURBAN LOTS 174 AND 173 LYING SOUTHERLY OF THE RIGHT-OF-WAY OF THE CHICAGE, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY AND 189 THROUGH 195 INCLUSIVE OF THE TOWNSITE OF PORT ANGELES TOGETHER WITH ALL VACATED STREETS ADJOINING, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TOWNSITE, BEING A 3-1/4" DOMED BRASS CAP STAMPED: "T30N R7W Sl, SW CORNER PAR, 1998, PLS 26304" AND SHOWN AS GEOMPT# 07300136 ON THAT SURVEY RECORDED IN VOLUME 40 OF SURVEYS, PAGE 27, RECORDS OF CLALLAM COUNTY; THENCE, SOUTH 73018'26" EAST ALONG THE SOUTHERLY LINE OF SAID TOWNSITE AS SHOWN ON SAID SURVEY, A DISTANCE OF 1272.31 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, DEPARTING FROM SAID SOUTHERLY LINE, NORTH 01°54'27" EAST, A DISTANCE OF 510.83 FEET; THENCE, NORTH 16028'34" WEST, A DISTANCE OF 622.04 FEET; THENCE, NORTH 59°34'36" WEST, A DISTANCE OF 302.64 FEET; THENCE, NORTH 41003'27" WEST, A DISTANCE OF 436.57 FEET; THENCE, NORTH 14017'42" EAST 193.50 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF SAID TOWNSITE, A DISTANCE OF 357.64 FEET TO THE SOUTHERLY LINE OF THE RIGHT- OF-WAY OF THE CHICAGE, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, AS DESCRIBED IN INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO.400498, RECORDS OF CLALLAM COUNTY, WASHINGTON, AND THE TERMINUS OF THIS CENTERLINE. BEARINGS AND DISTANCES DESCRIBED HEREON ARE BASED UPON THE WASHINGTON COORDINATE SYSTEM GRID NORTH ZONE (NAD 83-91). DISTANCES HAVE BEEN REDUCED TO SAID GRID; A COMBINED SCALE FACTOR OF .99992810 AT GEOMPT#07301231 WAS USED. SITUATED IN THE COUNTY OF CLALLAM, STATE OF WASHINGTON. Page 3 of 4 February 17, 2026 1 - 98 Exhibit B - Survey EXH1611" MAP FOR. UTILITY EASEMENTIPORT OF PORT ANGELES A PORTION OF THE TOWNSJTE OF PORT ANGELES, CLALLAM COUNTY, WASHINGTON � I I ' NOTES• \ / SUBURBAN LOTS SHOWN v 173 �8 \ HEREON ARE MATE AND ARE NTENDED FOR RD L1 LUS RATNE N74'3729 £ I I b N.SC�1TFl r OF C. U. \ / PURPOSES ONLY. 221.70 I ? "i ST P, AND P \ RAIROA0 COMPANY. � \ 174 f V `ram 4c. 1 \ / / J� 175 �, 1 192/ �s9 \ �a / I--, 190 f 194cs 189 ca4n�AC T 195 �) / TO*NSTT£ OF PORT ANGQ£S. 200 4CO SCALE NJ FEET Y 12. 2019 1 Page 4 of 4 February 17, 2026 1 - 99 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 DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 1 - 100 i "AlL 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 Certified General Real Estate Appraiser License #1102127 Washington 2 Tiroovassen Poovathal State Registered Real Estate Appraiser Trainee License #20100506 Washington DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 1 - 101 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 DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 102 SUMMARY OF SALIENT FACTS AND CONCLUSIONS PROPERTY IDENTIFICATION Address Assessor's Parcel Number Land Area Improvements Zoning Jurisdiction Highest and Best Use VALUES Market Value Conclusions XXX South Critchfield Road Port Angeles, WA 98363 ,II:YiI1IlI1�`rLiI1L'� 1.536 acres (66,908 sf) Commercial buildings, runway. IL: Industrial Light Clallam County Industrial 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. DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 103 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 I nstitute. DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 104 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. DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 105 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 DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 106 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. M DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 107 MARKET OVERVIEW DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 1 - 108 CLALLAM COUNTY a 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 Three 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 DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 1 - 109 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 II DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 110 business, healthcare and the trades. It Angeles, Port Townsend and Forks. The following has been excerpted from 2021, by Jim Vleming, Regional Labor Employment Security Department. has three campus locations at Port the Clallam County Profile of March Economist of the Washington State 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. DP2507240 • 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. Deer Park Appraisal Port of Port Angeles February 17, 2026 1 - 111 • 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 Population 2021 Population 2010 Percent change, 2010 to 2021 Educational Attainment DP2507240 Clallam County 78,209 71,404 9.53% Deer Park Appraisal Washington state 7,738,692 6,724,540 15.08% Port of Port Angeles February 17, 2026 J - 112 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 FeIJ07210 17, 2026 Deer Park Appraisal Port of PortJA Tb 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%. Unemployment rate, not seasonally adjusted Select Area: Washington State Washington Slate ■ ■ 2025 5.0 % 4.8 % 4.6 % z' c E 4.4% T O 6 Y 4.2% C 4.0% 3.8% 3.6% Jan Feb Mat Apr May Jun Jul Aug Sep 0ct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2022 47% 44% 41% 36% 37% 39% 40% 44% 3.9% 40% 41% 42% 2023 45% 45% 41% 3.6% 3.7% 38% 40% 45% 4.2% 44% 44% 47% 2024 50% 51% 47% 41% 42% 44% 47% 46% 41% 42% 43% 43% 2025 4 7 % 5 0% 4 5% 4.2% 4.3% 4.2% 15 D e2507240 17, 2026 Deer Park Appraisal Port of PortJA TT 4 Unemployment rate, not seasonally adjusted Clallam County 6.5 % ^ 202_ 02023 0 2024 02025 6.0% 5.5 % X 'c 5.0 % a, E T O E 4.5% a, c 7 4.0 % 3.5% 3.0% Select Area: Clallam County Jan Feb Mar Apr May Jun Jul Aug sep Oct Nov I Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2022 61% 58% 56% 43% 46% 42% 39% 51% 38% 43% 50% 50% 2023 5 4% 5 7% 5 2% 3 8% 3 4% 3 0% 4 1% 4 9% 4 3% 50% 4 9% 5 8% 2024 60% 64% 57% 43% 4.6% 40% 50% 53% 44% 49% 54% 56% 2025 5 9% 6.5% 5.0% 4.2% 4.5% 3 7% 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 February 17, 2026 Deer Park Appraisal Port of PortJAn 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 U1 0.9% U.S. Decennial Census 2020 Censusu The estimated median household income in 2023 was $68,924 in Port Angeles, compared to the State at $98,308. 17 re�ruary 17, 2026 Deer Park Appraisal Port of Po Y09firt 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. Fe2J01210 17, 2026 Deer Park Appraisal Port of PortJA TTj COMMERCIAL REAL ESTATE MARKET TRENDS IN CLALLAM COUNTY $200000 $100,000 50 35 30 25 Clallam County Commercial Property Sales Average Trend 2020 2021 2022 2023 2024 2025 Clallam County Commercial Property Annual Sales Volume 2021 2022 2023 2024 2025 19 DPFebruary 17, 2026 Deer Park Appraisal Port of CLe" $700,000 $600,000 $500,000 $400,000 $300.000 $200.000 S 100,000 Port Angeles Average Commercial Sales Price 2020 2021 2022 2023 2024 2025 PU-4ft 17, 2026 Deer Park Appraisal Port of PorUj Qgipltq 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 Clallam County Average House Sales Price 2G. 2023 20: 2025 21 PUli3y 17, 2026 Deer Park Appraisal Port of PorU Qgip2® SUBJECT'S ZONING AND HIGHEST & BEST USE F"Ki-4 y 17, 2026 Deer Park Appraisal Port of PorU1Qgip21 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 V"Ki-4 y 17, 2026 Deer Park Appraisal Port of PorU1QA22 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. Retail sales, such as hardware stores, lawn and garden equipment and supplies, hand tools, building, electrical, 6 and plumbing materials and supplies. Wholesale Distribution 1 Warehouse buildings and yards 2 Wh o les a le sto res Services 1 Building maintenance and janitorial services buildings. 2 Equipment rental stores, including heavy equipment. 3 Funeral homes and mortuaries. 4 Laundryand drycleaners 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 transitterminals. 5 Off-street business parking structures and lots. 6 Parcel delivery service buildings. 7 Printing, publishing, and book -binding buildings. Vehicular services facilities, such as automotive and truck rentals, vehicle maintenance and repair shops, auto 8 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 24 V[W@y 17, 2026 Deer Park Appraisal Port of PorUNwgt23 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. Specialized small mechanical parts, tools, die-casting, bearings, patterns, and other similar products, welding 4 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 Publicjuvenile detention facilities 5 Public parks and recreation facilities 6 Radio towers exceeding 35feet 7 Social service agencies providing 24-hour residential care 8 Smallscale sawmiIts 9 Artistwork/live studios where the residential use is subordinate to the working studio use 10 Other uses compatible with the purpose of this chapter 25 V[W@y 17, 2026 Deer Park Appraisal Port of PorUkacgt24 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. DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 125 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. DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 126 SUBJECT DESCRIPTION DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 127 SITE IDENTIFICATION Address Assessor's Parcel Number Clallam County Property ID Legal Description SITE DESCRIPTION 1506 Fairchild Airport Rd Port Angeles, WA 98362 063000117305 82575 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. DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 128 SUBJECT PARCEL MAP rw�r1r .+m . arwu fn R - rn vw+Y s Y{cZ.+. rid, rA�-RYAn1i n. i-w'.wa+-w rwri f1 M Mead c I lunt Wm' 1YT aL— goY.h6i0:�.411 .YYIYfYA af AREA" _ �_ a- rc � � a ..� . AREA "A" \\.\ Q H ° w 1 O rc s' ; >ZQ :a ,y +� __ _ r O � .0T C0RC016fRU0T10w 14 Area in blue above labeled Government Lot 1 depicts the Subject Property. The proposed easement area noted at the west end of the parcel DP2507240 February 17, 2026 Deer Park Appraisal Port of Port Angeles J-129 �p DP2507240 SUBJECT EASEMENT SKETCH Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 130 r SUBJECT LAND USE MAP j EXISTING AVIGATION EASEMENT EXISTING �- DP2507240 0..... KM fn. vnu 9 CmmnmccAPDF f% Hwhhaht 0 Cnmh.r fi, 32 Deer Park Appraisal Port of Port Angeles STING ..,CATION EASEMENT February 17, 2026 J-131 DP2507240 SUBJECT CRITICAL AREAS MAP +� C�II4� OQ pOB4 Deer Park Appraisal Am e- #1 1w 33 Port of Port Angeles Streams by Water Type Streams — Type 1 — Type 2 Type 3 Type 4 or S Untyped Critical Areas (CCC 27.12) Geohazards CCC 27.12.410 Erosion %t L.andsl,dc February 17, 2026 J - 132 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, DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 133 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 8 attached hereto and by this reference made a part hereof.- DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 134 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. 36 DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 135 SUBJECT FLOOD MAP 37 DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 136 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. DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 137 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 DP2507240 Photo 2: View of South Critchfield Road; Facing South Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 138 Photo 3: View of Approximate Location of the Easement; Facing Northwest Photo 4: View of the Approximate Location of the Easement; Facing Southeast e, DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 139 Photo 5: View of the Easement Market Stakes at the North End of the Property; Facing Northwest Q 'I DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 140 VALUATION DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 141 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. DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 142 COMPARABLE LAND SALES No. Location Zoning Land Size Sale Price $/SF Land Sale Date Lot 3 Pennington SP- Hwy 101 M 0.86 acre S1 $265,000 $7.07 6/12/2023 Port Angeles, WA 98363 Industrial 37,462 sf Cl S2 )00C Business Park Loop Carl 5.50 acre $795,000 $3.32 2/24/2023 Sequim, WA 98382 Industrial 239,580 sf X)OC Fields Drive IH 10.60 acre S3 $275,000 $0.60 11/18/2022 Port Angeles, WA 98363 Heavy Industrial 461,736 sf S4 Lot 5- Speedway Drive LC RuraRL Limited 3.22 acre $135,000 $0.96 7/19/2021 Port Angeles, WA 98362 140,263 sf Commercial S5 Lot 6 & 7- Speedway Drive LC RuraRL Limited 2.9 acres $250,000 $1.98 7/19/2021 Port Angeles, WA 98362 126,324 sf Commercial 44 DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 143 COMPARABLE SALES MAP T HEA. a la mode, inc: T. uaan ,n raw <ueu to<rvwbpv I ,AN ADA �NiTED STATES SUBJECT Critchfield Dr Lower Elwha COMPARABLE No. 1 MAINS FARM Dungeness W Highway 101 COMPARABLE No. 2 1.51 miles SE Business Park Loop ar Port Angeles ! 16.09 miles E 101 Pon Angeles Crane su - Agnew East ` R Corner - - - Cal COMPARABLE No. 4 COMPARABLE No. 5 Speedway Dr Speedway Dr 10.46 mlles E 10.46 miles E COMPARABLE No. 3 Fields Dr 1.53 miles SE Windy Arm Whiskey Bend Go-gle 45 Belli dataC2025 (3 ogle 2 mi r — I DP2507240 Deer Park Appraisal Port of Port An eles February 17, 2026 J - 44 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. u-0075 �^ 144.9020 1 � r 1 Q II 46 C9II4W OO Q pOII4 - ®�iC3BbB�3 11-07'S DP2507240 Deer Park Appraisal Port of Port An eles February 17, 2026 J - 45 Property Information 1911 West Highway 101 Address 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 Information 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 Te rms/Fi na nci ng 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 47 DP2507240 Deer Park Appraisal Port of Port An eles February 17, 2026 J - 46 COMPARABLE SALE 2 Business Park Loop Sequim, WA 98382 �1 r40 .0.� '7G4'a�1 u.r•NM1n.�. a...Mw•,Mr ..A,' lip.. .I�.I �. MLS Photos shown as they are a more accurate depiction of site conditions at time of sale. 14-0175 � 1142-0075 T . 42-0100 �• 41-0100 41 [125 ; 41-9120 ' r=9010 R �` • I` 41-9130 `� 57.9020 41_-0010 40-0020� �� I V 71e to �soi-0- 57-0140 4 90 0, u 9010 42-9020 Ir . 4: 9040) DP2507240 February 17, 2026 i 1-901 48 Deer Park Appraisal s 41.9110 c� 54 10-9030 j 41-9040 BG 41-4050 41=9060 T I ti � yam_ Port of Port An eles J- 47 Address Site Size Shape Topography Critical Areas Frontage Exposure/Access Improvements Utilities Zoning Parcel Number Use at Sale Highest and Best Use Sale Price Sale Price $/Square Foot Original List Price Sale Price% of Original List Price Days on Market Date of Sale Listing Number Conditions of Sale Terms/Financing Confirmation Contact Instrument Type Document Number Seller Buyer Property Information XXX Business Park Loop Sequim, WA 98382 239,580 sf (5.50 acres) Nearly Rectangular Level None Corner parcel with frontage along main arterial through Carlsborg at intersection of Business Park Loop. Accessed from Business Park Loop Vacant Power, water and sewer at the street Cl - Carlsborg Industrial 043015409010 Vacant Land Industrial Sale Information $795,000 $3.32 $795,000 100% 23 2/24/2023 OLS#361898 Arm's Length Cash Brody Broker: (360) 461-7052 Statutory Warranty Deed 2023-1447518 Olympic Systems Properties, LLC Jamestown S'Klallam Tribe 49 DP2507240 Deer Park Appraisal Port of Port An eles February 17, 2026 J - 48 COMPARABLE SALE 3 XXX Fields Drive Port Angeles, WA 98363 12-803 G ✓ .� 12-8020 ,j r 12-8010 grip �� • 1 . P.R. 50 DP2507240 Deer Park Appraisal Port of Port An eles February 17, 2026 J - 49 Address Site Size Shape Topography Critical Areas Frontage Exposure /Access Improvements Utilities Zoning Parcel Number Use at Sale Highest and Best Use Sale Price Sale Price $/Square Foot Original List Price Sale Price%of Original List Price Days on Market Date of Sale Listing Number Conditions of Sale Terms/Financing Confirmation Contact Instrument Type Document Number Seller Buyer Property Information XXX Fields Drive Port Angeles, WA 98363 10.6 acres (461, 736 sf) Two rectangular parcels Level, Slope None Interior parcel Access via Fields Drive Vacant Utilities on property IH - Industrial Heavy 063018128010 and 063018128020 Vacant Land Industrial Sale Information $275, 000 $0.60 $275, 000 100% Off market transaction 11 / 18/2022 OLS#361904 Arm's Length Cash Daniel Erickson: (360) 461-388 Statutory Warranty Deed 2022-1444939 James Creelman Hermann Land Company LLC 51 DP2507240 Deer Park Appraisal Port of Port An eles February 17, 2026 1 - 50 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 II �I 11 S I 1 ,r II 1-001 I 32-9010 32-9020 II F 32-007 11 r - II I 1 II I II rr�r1., " 52.0050 � S (hT ' I 7 _ 52 OO60 .� - 52 oaao � M, • I 47N 52 DP2507240 Deer Park Appraisal Port of Port An eles February 17, 2026 1 - 51 Address Site Size Shape Views Topography Critical Areas Frontage Exposure /Access Improvements Utilities Zoning Parcel Number Use at Sale Highest and Best Use Sale Price Sale Price $/Square Foot Original List Price Sale Price%of Original List Price Days on Market Date of Sale Listing Number Conditions of Sale Terms/Financing Confirmation Contact Instrument Type Document Number Seller Buyer Property Information Lot 5 - Speedway Drive Port Angeles, WA 98362 140,263 sf (3.22 acres) Irregular shape Mountains Level None Interior parcel Speedway Drive Access via Speedway Drive None Power and water installed. Off -site drainfield easement for septic system. RLC: Rural Limited Commercial 053014520050 Vacant Land Industrial Sale Information $135, 000 $0.96 $150, 000 90% 523 7/ 19/2021 NW M LS#1553358 Arm's Length Cash MaryAnn Miller: (360) 774-6900 Statutory Warranty Deed 2021-1422760 Olympic Auto Racing Inc Bo Holden 53 DP2507240 Deer Park Appraisal Port of Port An eles February 17, 2026 J - 52 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. a sz-0o50 � •;+ f -.r r / / �✓ iI n, � - 52-0060 520040053014, 52-0070 52-01] 1 S r i 52-0080 --- - 54 DP2507240 Deer Park Appraisal Port of Port An eles February 17, 2026 J - 53 Property Information Lot 6 & 7 - Speedway Drive Address 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 Information Sale Price $250,000 Sale Price $/Square Foot $1.98 Original List Price $349,000 Sale Price%of Original List Price 72% Days on Market 523 & 2520 Date of Sale 7/19/2021 Listing Number NWMLS#1553362 & 1553351 Conditions of Sale Arm's Length Terms/Financing Cash Confirmation Contact MaryAnn Miller: (360) 774-6900 Instrument Type Statutory Warranty Deed Document Number 2021-1422423 Seller Olympic Auto Racing Inc Buyer Jim and Melody Bishop 55 DP2507240 Deer Park Appraisal Port of Port An eles February 17, 2026 J - 54 COMPARABLE SALES ANALYSIS- BEFORE CONDITION In order to account for the value impact of differences in the elements of comparison between the subject parcel and sales comparables we have created a Comparables Sales Adjustment Grid — Before Condition that is provided on page 45. The Uniform Appraisal Standards of Professional Appraisal Practice allows that such a grid may provide either quantitative or qualitative adjustments (or a combination of both). While some adjustments may be relatively easy to quantify others are not. Since the various differences in physical and Iocational characteristics between the subject and the comparables are difficult to quantify, they therefore have been addressed through a qualitative analysis. The appropriate unit of comparison in the direct sales comparison analysis is price per square foot of land area ($/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. 56 DP2507240 Deer Park Appraisal Port of Port An eles February 17, 2026 J - 55 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. 57 DP2507240 Deer Park Appraisal Port of Port An eles February 17, 2026 J - 56 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 bV Sales Approach: $9,422,000 DP2507240 Deer Park Appraisal Port of Port An eles February 17, 2026 J - 57 COMPARABLE SALES GRID - BEFORE CONDITION Subject Comp Sale 1 Comp Sale 2 Comp Sale 3 Comp 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 (squarefeet) 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 SaIe 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 Transaction Adjusted Sale Price $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 SiteCondtions 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 59 DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 1 - 158 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. DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 1 - 159 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 DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 160 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 DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 161 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: DP2507240 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. 63 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 162 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. • 1 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. • 1 have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • 1 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 1, 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 DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 163 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. • 1 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. • 1 have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • 1 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. • 1 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. ilk, Mwi Date report was signed: August 31, 2025 Tiroovassen Poovathal State Registered Real Estate Appraiser Trainee License #20100506 Washington DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 164 ADDENDA DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 165 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 DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 166 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. DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 167 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. DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 168 Deer Park Appraisal 292 Easy Street Port Angeles, WA 98362 Tax ID 81-4523941 Jonquille de Chantal (360) 775-0995 Email: deeparkappraisal(a-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 DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 169 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 DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 170 Private Companies • Green Crow • Campbell Global • 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 1 —., C:.- • 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 { STATE OF WASHINGTON ;I DEPARTMENT OF LICENSING - BL-SINESS AND PROFESSIONS DIVISION dL LICENSING ` THIS CERTIFIES THE PERSON OR BUSINESS NAMED BELOW IS AUTHORIZED AS A { CERTIFIED GENERAL REAL ESTATE APPRAISER 1 { SUPERVISOR 11 I JONQUILLE BETHE DE C H AN T aL. ,{ llo:L" os 01 2u11 o-'a _o_- �,Expruioo Date r F1~ DP2507240 Deer Park Appraisal Port of Port Angeles February 17, 2026 J - 171 CED Customer Service Report - January 2026 Total Engagements YTD: % Change vs Last Year: Avg Daily Engagements YTD: % Timely Responses: 473 +1.9% 17.5 97.5% Customer Engagement Engagement Type — YTD 19% 247 30% 125 101 51% COUNTER VISITS EMAILS SENT PHONE CALLS ❑ Counter Visits ❑ Emails Sent ❑ Phone Calls ❑ 2026 YTD Monthly Engagment Trend Timely Response Rate - YTD 800 ^ 700 U i 0 600 Jan c n0 76 500 — 400 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 0 50 100 150 200 250 300 350 400 450 500 O 2025 464 553 640 644 730 594 617 571 690 750 526 668 O 2026 473 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD ❑ Total Interactions ❑ Timely Responses The CED Technicians have managed over 400 interactions so for this year, with nearly 98% of inquiries responded to within 2 business days. Counter Visits = In -person front desk visits. Emails Sent = Messages sent through the permits inbox to applicants. Phone Calls = Customer phone calls logged. February 17, 2026 Timely Responses = Customer inquiries that receive a response within two business days of the initial contact. L - 1 CED Over -the -Counter Permit Report — January 2026 Total Permits YTD: % Change vs Last Year YTD: % Same -Day Processing YTD: % Timely Issuance YTD: 27 +58.8% 63.0% 92.6% Permits by Type - YTD Same -Day Processing Rate Mechanical 8 100% 100% Re-Roof/Re-Side 4 Plumbing 4 90% 92% 85% 80% 80% 94% 89% Solar 0 Fire = 1 Inspection Only 0 60% e ``a\ Vendor 10sa '. 0 0 2 4 6 8 10 12 Permits Issued by Month Average Staff Time by Type 1.2 1.0 A 1.0 1.0 1.0 OOF 0.8 0.8 0.9 35 32 0.6 0.7 29 27 28 27 28 28 27 27 / 0.5 23 0.4 17 _ 0.2 0.0 (Days) a°i ��J .�e jai `oo-, `ae caX JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC O Permits 2025 O Permits 2026 Over -the -Counter permits are completed quickly averaging 1 business day from intake to issuance with 63% processed the some 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. February 17, 2026 Note: Customer payment delays are not included in these times. L - 2 CED SB 5290 Report - January 2026 Permit Type 1 (65 Day Deadline*) Permit Type II (100 Day Deadline*) Permit Type III (170 Day Deadline*) 25 5 5 20 20 4 0 4 N v 'a N 15 3 3 v a� E N N L � N a 10 7 N 2 N 2 +� +.1 o E E 5 2F1 a 1 a 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 <14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 Days E <14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 Days E <14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 Days Total Number of Days for Permit Review Z Total Number of Days for Permit Review Z Total Number of Days for Permit Review Permit Type IV (170 Day Deadline*) Permit Type V (No Deadline*) 5 5 0 4 0 4 3 3 3 3 2 H 2 E £ w 0 0 0 0 0 4- 0 0 0 0 0 0 0 0 0 <14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 Days £ <14 Days 15-30 Days 31-65 Days 66-100 Days 101-170 Days Z Total Number of Days for Permit Review Z Total Number of Days for Permit Review 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 Determinations'; 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 Permits'; 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 Permits'; Shoreline Variances; Temporary Uses — One to Five Years; Unclassified Use — C'nnriitinnA I lea 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 11 shoreline substantial development permits. *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). 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 Sales and Use Tax - HB 1406. Grants are shown in the month that the contract was fully executed between the developer and the City. SUT- HB 1590 Sales and Use Tax - HB 1590. Grants are shown in the month that the contract was fully executed between the developer and the City. FWP Fee Waiver Program. The costs of 25 permit types are waived by the City for all infill and multifamily housing projects. NICE - Small Scale 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. NICE - Medium Scale 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. NICE - Large Scale 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. PRP 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. 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. February 17, 2026 L - 4 CED Building Report - January 2026 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2026 YTD 2025 YTD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 New Construction $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 Comm Repair Alteration 2 0 0 0 0 0 0 0 0 0 0 0 2 4 and $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 $8,007.00 $352,600.00 Certificate of Occupancy 1 0 0 0 0 0 0 0 0 0 0 0 1 N/A 1 0 0 0 0 0 0 0 0 0 0 0 1 0 New Construction $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 $7,000,000.00 $0.00 Ind Repair Alteration 0 0 0 0 0 0 0 0 0 0 0 0 0 1 and $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 $2,632,599.00 Certificate of Occupancy 0 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 New Construction $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 Public Repair Alteration 0 0 0 0 0 0 0 0 0 0 0 0 0 0 and $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 Certificate of Occupancy 0 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 4 2 New Multi Family $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 $2,120,000.00 $800,000.00 New Manufactured Home 2 0 0 0 0 0 0 0 0 0 0 0 2 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 $407,313.00 $250,000.00 New Single Family 1 0 0 0 0 0 0 0 0 0 0 0 1 2 Res $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 $224,352.00 $718,694.00 New Accessory Structure 1 0 0 0 0 0 0 0 0 0 0 0 1 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 $170,517.00 $0.00 Repair Alteration 19 0 0 0 0 0 0 0 0 0 0 0 19 18 and $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 $251,345.00 $332,185.00 Certificate of Occupancy 2 0 0 0 0 0 0 0 0 0 0 0 2 N/A Comm 0 0 0 0 0 0 0 0 0 0 0 0 0 2 Res Demolition and Moving $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 $16,500.00 Total Permits Issued 30 0 0 0 0 0 0 0 0 0 0 0 30 30 Total Construction Valuation $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 $10,181,534.00 $5,102,578.00 Permit Fees Paid $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 $106,793.40 $66,449.71 Business Certificate of Occupancy 3 0 0 0 0 0 0 0 0 0 0 0 3 3 Dwelling Units - ADU 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 Dwelling Units - Duplex 8 0 0 0 0 0 0 0 0 0 0 0 8 6 4 Dwelling Units - Single Family 1 0 0 0 0 0 0 0 0 0 0 0 1 5 2 Dwelling Units -Manufactured Home 2 0 0 0 0 0 0 0 0 0 0 0 2 5 1 Dwelling Units - Multi Family (3+) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Dwelling Units 11 0 0 0 0 0 0 0 0 0 0 0 11 18 7 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. February 17, 2026 L - 5 CED Business License Report - Q4 2025 I General Business Licenses Issued - Q4 2025 Non -Profit Licenses Issued - Q4 2025 I 347 15 Licenses Issued by Quarter - Q4 2025* 400 350 347 300 250 200 150 170 100 50 5 15 0 Q1 Q2 Q3 Q4 ❑ General Business ❑ Non -Profit Wholesale Trade Information Agriculture, Forestry, Fishing and Hunting Educational Services Finance and Insurance Transportation and Warehousing Manufacturing Real Estate and Rental and Leasing Arts, Entertainment, and Recreation Health Care and Social Assistance Administrative & Support / Waste Management Accommodation and Food Services Professional, Scientific, and Technical Services Other Services Construction Retail Trade Licensed Businesses by Number of Employees - Q4 2025** 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% 0 5 10 15 20 25 30 35 40 42 45 * 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. ** 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. 1*** 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. 001p:94 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. L PMR-T-ANGELES CITY COUNCIL WASH I N G T O N, U.S, MEMO Date: February 17, 2026 To: City Council From: Sarina Carrizosa, Finance Director Subject: Monthly Update on Past Due Utility Accounts January CITY OF PORT ANG ELES MONTHLY REPORT ON PAST DUE ACCOUNTS DECEMBER 2025 - JANUARY 2026 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 1 823,938.66 1 (27,658.12) -3.2% Total Payment Plan Agreements 72 34 1 45 1 11 1 32.4% DECEMBER 2025 -JANUARY 2026 PAST DUE AMOUNTS 1,200,000 1,000,000 800,000 600,000 400,000 200,000 60 days past due 90 days past due amount amount NOVEMBER 2025 DECEMBER 2025 40.0 30.0 20.0 10.0 0.0 -10.0 -20.0 120 days past due Total amount past due amount 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 5t1i 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:Hcityfpa.us/583/Meetings=A en�das. 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: httys://cityofpa.webex.com/citvofpa/i.php?MTID=mc3c5e2f8a9l7lad74eaa2bb7613aOe03 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(a�cityofpa.us, to request accommodations or receive instructions for closed captioning. Kari Martinez -Bailey City Clerk cijyclerk@cijyofpa.us clerkncityofpa.us (p) 360-417-4634 I TTY 360-417-4645 Distribution: City Council Peninsula Daily News KONP Front Lobby (posted) @solutions4pa L r Al ARM .7. Nk jkW zne 01 0 kyles &O"t: 14 10 s / .. - ,.. ,�,A ��, : �'X• .%.. r4S cal' �.�� .,.,'S - _ � `, '�"�y=•a'• _ _ �'i w. - . ,�► :..:� ;, `�'r- __-�. ter_ ,; - � �' - �9gyr - - AV , I breTne'lrome.12r.STT• E - r Ib �->- �� W I I r1 't- li Ah � may_• 0 0 $I: c-0 -MR, 40 .z N 11 - r*CA-T, It ROMc'p 4 d s. 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PA r \ 1_No r/ ` Ry A clear proposal already working in other areas • Encampment reporting & response protocol • Map -based reporting system • 48-hour site visit target by city official • Rank sites by public health & safety risk (1-3) • Outreach first • Enforcement if services refused & cleanup • Clear, written, city -endorsed plan WWI "► � � �I!� /�i ,i /Y � .0 t Lfi ; nt_• � '.'4 `'SC,t.a�; i .1, - - `,� j' ' i«' 1' .���•rJYfl t`••`.�".yr Y 't ~e ti4. ' :t :\ t 7 Awk � + � � may, . • { r �hn � � ,�r •r .f yY J!'• Vi'�• . !Rl �. XS Ar .'. `�A ,` K' ��,?� i �` 1ml�K..�1+ .74 r ,lt *'r J � , � rr v d `!" �� � , ,, •`i1'i` � y � •r.' `£-" '�•''' •Jig ,. Y•. 4 + G ee• Hq• J ` 1 �+ '�!`�,-i� ,�� - �,, • ,{./ �. F 4.: l: afL.:' r. ,•,.: 4'f Z r� �. ~� �.n,� I nw•. � �.•„ � �' �./- . s ' � t�; : rr: tea• _" G ,�' . + i9 Fw iAbLd 7 �! � k - �ii� J ,1 •� fie•'• • � � ./ i • r � `%�j�.• 00 - ... L:•.u'�'w^[L:'. ..ter YS1�A�iYWi��-.__ __, .- w� -. r.•r.ih]'YY�..._- _ - i 40• ' • Habitat • ' • Habitat lih5 s for Humanity O YEARS for Humanity of Clallam County bu I 13MACUIVC • What is Habitat for Humanity of Clallam County? • Update on Port Angeles City Projects • How are we impacting our community? • How to get involved? • ' • Habitat for Humanity of Clallam County rMi ss ion Seeking to put Go 's love into action, Habitat brings people together to build homes, communities, and hope. 1�Habitat for Humanity' of Clallam County F_ I �_ L_ f C BUILD A BETTER FUTURE '+ We seek to build strength, 47 stability, and self-reliance in everything we do. NiWho 11r11rF'e Are ^_1 M 0 a 2 AAMM& A I '' A ,4, IrM61 11 SHOWING CARE Our community's strength comes from our ability to show care to each othed FW P-r"m- Lo 11 NEW AM111,17--ft1h,111 MAKING COMMUNITY We ensure there is a place for everyone who makes our community whole. HANDS-ON We are not afraid to dig in, get dirty, and lift others up. • • I a r r. 1 0. VOLUNTEER & SERVICE TIME OVER 36,000 Volunteer Hours since 1991 35 YEARS of serving families OVER 2000 Volunteer Hours in 2025 50 YEARS of HFH International serving families PARTNERSHIPS & ENGAGEMENT 140 Donors in 2025 54 AND Newsletters written COUNTING OVER 65 Partnerships in 202 HOMES & PEOPLE 42 Homes Built and more on the way 160 AND Adults and children COUNTING served OVER 100 Rep "'A KM::l COMMR & FINANCE Rally in the Alley OVER 20 Neighborhood cleanups since 2017 OVER we've tithed since 1991 -= $400,000 r] I tstfd6fl We dig in, get dirty, and lift others up. Habitat 1 for Humanity , L k ,. I, W'4 We dig in, get dirty, Board U lift others up. r • Habitat 1 for Humanity ,L k ,,I, Before -=��=r i � � _ ___. - t�. r `tfy 4 - _--"� .. •` �� _ - •mow•"' �"'.� Ant.-, 312 0 IMIkMIAKI dig in, get dirty, and lift others up, 9 • ' Habitat for Human * of Clallam Cauntv w After: What r �s' apppni 4 ry Now?. a very Veteran Deserves A Decent Place To • 'Habitat for Humanity Now?. a very Veteran Deserves A Decent Place To • 'Habitat for Humanity Before � t lb ' ht`v�• g,r LL' y` 11— :,r 1 I I r' 11� - �fl�lllilii'i(iliiii�iil�rli- 1'1Il�h}11do,d,ll,{II Ili1iil��i41�Il0ilii hllilldi�� li - IIII�II11111111I11I�dif1� II111111111111'tf 11111I �f , 1 � L.`�__' - `' . .�j�,� • • • • • Eve one deserves a decent place to live. — ' Habitat 1 for Humanity After Cleared �tOT�Nf FA� ��'� .. / sear �� t� �!\ �a� a'& .rrtir � �ti y�, ,, jy.� `4 'tu *' t•; }v� Everyone deserves a ecen p ace to Ilve. ly}7 y s • Habitat 1 for Humanity J Mli C: 1 FLOOR PLAN " A1.1 SCALE: 1 8" =1' ADDRESSING MISCONCEPTIONS Ij Habitat for Humanity' Y of Clallam County 4nnRFSSING MISCANCFPTI(7 ti - FLOOR PLAN SCALE: 1/8" = 1' a • ' • Habitat 1 for Humanity Path to Homeownership* of Clallam County 0 Initial Housing Program ram 4 Application —� Screening Fo Application ---Do 1'rocesSing & Background Checks 1 File Review & • Sign Habitat Home Visit — 0 approval/Adverse —0. Partnership Action try l oan • � � Committee Agree.-ment mow Work Sweat Equity Homesite Offer & Attend Homeowner Construction Training (mosses Pay Cbsing Costs P Purchase 1 dome/ —� Dedication to Hoe! It may take as little as 4 months and up to 18 months from the Initial Screening Form to purchasing a home. ll�- Habitat 1 for Humanity of Clallam Count , •ITITMgo] I«:1a■:[:41• W,A • Port Angeles Habitat Store 728 E. Front Street 71 gh • r(tttilllllllllllllllllllllllll Sequim Habitat Boutique Store 154 W. Washington Street .OHO. Ah �VVA)N evt 6*6 3 0 Habitat for Humanity of Ciallarn County Questions? Visit habitatclallam.org for more information 1�� Habitat for Humanity of Clallarn County Thank You Together, we're building hope and transforming lives in Clallam county! IV :1for more information t�0- go, soe:0�0, Astound Master \---. Services Agreement and _ Dark FibLease er Master Services Agreement Overview A • MSA governs both dark fiber and "lit" services for the term of 5 years. • Contains articles specific to instal I at i o n/test i n g/acceptance, and security. data management • Outlines specific service level agreements for dark fiber and "lit" fiber services. Fiber Overview Dark Fiber: A direct physical fiber optic connection between two points. i■1 Fiber Overview Lit Fiber: Shared fiber optic connections routed and switched by a network provider Astound 000 11 ® 000 000 000 ® 000 000 000 0 00 0 00 Fiber Overview Supervisory Control and Data Acquisition (SCADA): IT and networking within an industrial control/critical infrastructure environment. Project Background 1. 2024 Staff Audit of Network Services: City staff audit each network circuit provided by Astound and conducted internal review. 2. 2025 Network Design: Staff worked on a revised and improved design for critical network connections going forward. Project Background 3. 2025 MSA and Lease Agreement: extensive negotiation between the City's representatives and Astound's representatives 4. 2026 Legacy Contract Expiration Reliability and Cost Savings Dark Fiber Benefits • City operates the network • Reduced reliance on outside entity Reliability and Cost Savings Dark Fiber Benefits • Dedicated physical fiber strands • Physical separation of SCADA network Reliability and Cost Savings Dark Fiber Benefits • Improved cost control per circuit • Estimated savings of $190K over 5 years Project Timeline on 2026 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Phase 1: Testing Phase 2: Build -Out Phase 3: Lit Services Funds are available in the Council approved 2026 ITID Network Services budget and corresponding Capital Facilities Plan for equipment needs purchased by the City in support of this project. Staff 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 Staff Recommendation�- 2) authorize the City Manager or their - 4.,� 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. �-WA Insurance Authority City of Port Angeles Council Do's and Don'ts Training Presented by Rob Roscoe Deputy Director Washington Cities Insurance i Washington Cities Insurance Authority • A municipal non-profit organization of Washington public entities joined to share risk — Over 165 members and $222 million in assets • Advantages of WCIA Membership — Run by a board of directors composed entirely of members — Assist members in avoiding and reducing losses through risk management, training, and claim handling — Stability and transparency in rates — Coverage decisions made by the Executive Director with appealable rights to the Executive Committee . LWA Insurance Authority Washington Cities Insurance Authority • Provides Self -Insurance Liability Coverage — Auto Liability, General Liability, Employment Practices, Errors & Omission — $20,000,000 per Occurrence — Look for coverage not exclusions • Additional Insurance Coverage — Member Property, Auto & Boiler Machinery — Crime Fidelity purchased by members — Cyber and Pollution Premises Liability purchased for all members Fw—A Insurance Authority Insurance Market U Insurance is a cyclical industry prone to large pricing deviations from year to year - WCIA's overall reinsurance rate has increased 700% from 2015 — 2025 - WCIA's 2026 renewal mixed results - Liability reinsurers requiring WCIA to increase our SIR from $4M to $5M while reducing their available capacity and charging more for less coverage = hard market - Property rate decreased while also increasing Members earthquake coverage; pay less for more = soft market - 2026 WCIA's overall liability rate increased by 3% Hard Market Tougher Underwriting Reduced Capacity Higher Premiums Restricted Coverag( Soft Market Easier Underwritinc Increased Capacity Lower Premiums Broader Coverage FW—A �; Insurance Authority S -IHE SPOKESMAN -REviE_E Spokane. ll'ashington E,t\l-9,.883 Washington state appeals court reinstates jury's $98.5M verdict for Susan Powell's parents by KOUO Newt 541t I Tue At © TACOMA. Wash — A Washington state appeals court has reinstated the $98 5 million © verdict awarded to the parents of Susan Cox Powell in 2020. according to court documents released Tuesday UW to pay cyclist $16 million after crash at notorious speed © Chuck and Judy Cox sued the state of Washington's Department of Social and Health bump Services (DSHS) in 2013 following the murder -suicide involving their son-in-law, josh Powell, and their two grandchildren, Charlie and Braden Powell. In February 2012 I Oct. 31,2024at6:ooam _ r �/' w�"r i.cwa I wur uiwcar I ruye, —u— d i6 ' Seattle OKs record $65.7 million settlement for attorney injured { in crash with Fire Department ambulance r On mail published January 24. 2019 at 122o pm I Updated January 24. 201 ar gov pr: Washington Education Business Idaho Health Marijuana Photos Further Review COVID- NEWS CRINIE�PUE_CSAF=-1 Spokane County jury awards $19.5 million to former sheriff's deputy and his wife in defamation case Dec 23 2C,2 I Upd— Fri_ Dec. 23 2_ 2, a! 7 01 p m. (acseattlem"i Traffic Lab Newsiettea MyA LOCAL BIZ NATION SPORTS ENTERTAINMENT LIFE HOMES OPINION I THETICKET JOBS EXPLORE v All Sections Politics Law&Justice Watchdog Mental Health Education Lab Project Homeless Traffic Lab Eastside Climate Lab Obituaries The income history of the victim Brooke Taylor — a nationally renowned commercial litigator — was "a significant factor" in determining the amount of the settlement, according to the city. By Asia Fields v and Lewis Kamb v Share story Seattle Times staffreporters e The city of Seattle and its insurers have paid a record $65.75 million to the family of a lawyer who suffered a severe brain injury when a Seattle Fire Department ambulance collided with her car in 2016. �/ Ematl The settlement of accident victim Brooke Taylor's claim represents "the y Tweet largest personal injury settlement in the city's history," according to a spokeswoman for Seattle's Finance and Administrative Services (FAS) Department. The income history of Taylor — a nationally renowned commercial litigator — was "a significant factor" in determining the amount of the settlement, according to an emailed statement from the city. The settlement was first reported Wednesday by the nonprofit news site Crosscut. The high amount of the settlement "is really because how remarkable Brooke Taylor was as an individual and an attorney," said her lawyer, Eastside I Local News I Traffic Lab LV grammarly as w Cle Elum to pay City Heights $22 million for breaching development agreement ANNAROSEstan"riur Nav14,2024UPdrted Nav17.2024 b Support Local journalism Lilt If you value these stories, please consider subscribing. f n Ili r�'i2ye + ro 2[rin ' C.e Elum wid have to pay more than $22 million to a land developer after a King Countyjudge ruled the city breached its development agreement with the company e„ This arbitration is the latest of three in favorof City Heights Holdings in an ongoing dispute with the city of Cle Earn suuunu .,.�aarp City Heights and Cie EWm entered into a development agreement in 2011, with plans to eventually buildup to 962 Afore Savinip. residential units ranging from apartments, townhomes, cottages, duplexes and detached single-family homes Afore Rewards! WCIA — Market Update (Liability) • Proliferation of nuclear verdicts (National) • U.S. Chamber of Commerce Institute for Legal Reform • Rising trend nationwide • Washington #3 per capita and rising • Tort reforms — V party funding, non -economic damages, phantom damages, sound science in courtroom Top 10 States by Cummulative Nuclear Verdicts 2013-2022 California 199 Florida 197 New York 131 • , Capita Texas 130 Illinois 1 64 Florida 1 0.939 Georgia 64 New York 2 0.664 Pennsylvania 58 Washington 3 0.633 Washington 47 Georgia 4 0.612 Missouri 30 New Mexico 5 0.572 Ohio � 27 r� 0 20 40 60 80 100 120 140 160 180 C ' Insurance Authority Avoiding Liability Individuals can receive absolute immunity for legislative activities — Adoption of budgets, ordinances, and resolutions Only within context of council meeting as a whole and not acting as an individual FW-A Insurance Authority Avoiding Liability Land Use — Use of Hearing Examiners • Less issues with appearance of fairness doctrine • Eliminates many arbitrary and capricious decision allegations — Do not insert yourself in the process • Westmark v. Burien, Mission Springs v. Spokane — Development Agreements • Held to contractual law and remedies which may not be covered by WCIA • You thought you had an expiration date... FW—A Insurance Authority Avoiding Liability Personnel — Stay in legislative role • Set policies, budgets, municipal codes Do not to stray into Executive role — Management of employees, hiring/firing, discipline — Harassment and Discrimination • Held to same standard as City employees — Can be sued individually — Know the law and your policies • Report to Executive — If you witness behavior or are made aware of problem by employee FW—A Insurance Authority Avoiding Liability Negligent Misrepresentation — Do not make specific promises or assurances — Refer specific questions to staff — Do not take matters into your own hands FW-A'�, Insurance Authority Avoiding Liability Defamation — If the statement/opinion is regarding a legislative concern you have immunity — Careful discussing or naming individuals • Are they a public official, staff or private individual? • Any untruth gives rise to liability FW—A Insurance Authority Avoiding Liability Public Works — Do not "politically engineer" • Crosswalks, Signs, Speed Limits, Traffic Control Devices — Ask for staff input off the record — Have staff respond to public requests • Joint and Several Liability — Avoid promises, assurances and inflammatory statements FW—A Insurance Authority Avoiding Liability Do not leak Executive Session information — Resist the temptation to share — Disclose conflicts prior to session and recuse yourself — Claims and Litigation • Can jeopardize defense • Possible sanctions imposed FW—A Insurance Authority Avoiding Liability Be mindful of written communications — Email/Social Media • Always use City email address, not personal — Public record and discoverable in litigation • Is your social media account personal? For election activity? To discuss City business? — Do you allow comments and discussions? Possible Public Forum creation with First Amendment Protections FW—A Insurance Authority www.wciapool.org Washington Cities Insurance Authority P.O. Box 88030 Tukwila, WA 98138 Phone: 206.575.6046 Fax: 206.575.7426