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HomeMy WebLinkAbout011425 ws packetHarnett County Board of Commissioners Page | 1 WORK SESSION AGENDA Date: Tuesday, January 14, 2025 Time: 9:00 a.m. Location: Commissioners Meeting Room Harnett County Resource Center & Library 455 McKinney Parkway, Lillington 1. Call to order – Chairman Matt Nicol 2. Pledge of Allegiance and Invocation – Vice Chairman Bill Morris 3. Discuss a request for approval to purchase Energy Weapon (Taser) from Axon Enterprise, Inc; Major McNeill, Sheriff’s Office 4. Discuss a request for the approval of deputies who are retiring to purchase their service weapons for $1.00; Major McNeill, Sheriff’s Office 5. Discuss a request for approval to purchase a Tek84 Intercept Whole Body Security Scanning System; Major McNeill, Sheriff’s Office 6. Discuss a request to approve the Animal Shelter and Adoption Center Project Ordinance and Reimbursement Resolution; Barry Blevins, General Services Director and Coley Price, Deputy County Manager 7. Discuss a request to award a bid for the St. Matthews Road Utility Extension project to Temple Grading and Construction Company; Seann Byrd, Interim Harnett Regional Water Director 8. Discuss a request for approval of a Resolution to accept a Drinking Water State Revolving Fund - Emerging Contaminants loan with principal forgiveness of $500,000 for Harnett Regional WTP PFAS Pilot Study; Seann Byrd, Interim Harnett Regional Water Director 9. Discuss a request to transfer water infrastructure to the Town of Fuquay-Varina; Seann Byrd, Interim Harnett Regional Water Director and Christopher Appel, Senior Staff Attorney 10. Discuss a request to approve the Barracuda Services 3-year renewal contract; Ira Hall, Chief Information Officer 11. Voting Locations Discussion; Vice Chairman Bill Morris 12. Review applications to serve on Boards and Committees. 13. County Manager’s Report – Brent Trout, County Manager • January 21, 2025 Regular Meeting Agenda Review • Upcoming meetings and invitations 14. Closed Session 15. Adjourn 011425 ws Pg. 1 Harnett County Board of Commissioners Page | 2 CONDUCT OF THE JANUARY 14, 2025 MEETING A livestream of the meeting will be on the Harnett County Government’s YouTube Channel at https://www.youtube.com/channel/UCU7mTF6HTD65x_98EhAMeMg/featured. 011425 ws Pg. 2 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2025\011425 ws\3.1 Agenda Axon Taser.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: January 21, 2025 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Purchase of Energy Weapon (Taser) REQUESTED BY: Sheriff Coats REQUEST: Sheriff Coats request approval to purchase Energy Weapon (Taser) from Axon Enterprise, Inc. We presently are using Energy Weapons (Taser) sold by Axon. We have had the present Energy Weapon for a number of years and are in need of being replaced. The purchase includes 75 Energy Weapon, holster and other accessories. The contract is a five-year agreement with a yearly cost of $ 33,297.11 per year and states that if funding is not available, the agency will return the number of energy weapons that have not be paid. The advantage to this agreement is that we are purchasing the devices at today's price, and we receive the energy weapons up front. We request to purchase the Energy Weapon (Taser) through the sole source procedure. Attached is a sole source letter. Funding for the first year is included in the Sheriff's Office FY 2025 budget. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 3 011425 ws Pg. 3 Page 1 Q-638117-45611.865JB Program Length 12.0323 Months TOTAL COST $32,954.44 ESTIMATED TOTAL W/ TAX $35,261.25 Average Savings Per Year $3,855.93 TOTAL SAVINGS $3,866.31 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Q-638117-45611.865JB Account Number: 109162 Payment Terms: N30 Delivery Method: Quote Summary Discount Summary Quote Expiration: 12/20/2024 Estimated Contract Start Date: 01/01/2025 Issued: 11/15/2024 SHIP TO BILL TO Harnett County Sheriff's Office - NC 175 Bain St Lillington, NC 27546-5143 USA Harnett County Sheriff's Office - NC 175 Bain St Lillington NC 27546-5143 USA Email: SALES REPRESENTATIVE PRIMARY CONTACT Julian Brown Brian Byrd Phone: +1 4047715005 Phone: (910) 893-9111 Email: jbrown@axon.com Email: bpbyrd@harnett.org Fax: (480) 999-6155 Fax: 011425 ws Pg. 4 Page 2 Q-638117-45611.865JB Payment Summary Date Subtotal Tax Total Dec 2025 $32,954.44 $2,306.81 $35,261.25 Total $32,954.44 $2,306.81 $35,261.25 011425 ws Pg. 5 Page 3 Q-638117-45611.865JB Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Hardware 20063 AXON TASER 7 - HOLSTER - SAFARILAND RH 15 $81.35 $72.81 $1,092.15 $76.45 $1,168.60 20018 AXON TASER - BATTERY PACK - TACTICAL 15 $110.00 $98.45 $1,476.75 $103.38 $1,580.13 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5- DEGREE) NS 62 $40.25 $36.02 $2,233.24 $156.33 $2,389.57 20022 AXON TASER 7 - HANDLE - HIGH VIS GRN LASER CLASS 3R GREEN 15 $2,097.00 $1,876.82 $28,152.30 $1,970.65 $30,122.95 Total $32,954.44 $2,306.81 $35,261.25 Delivery Schedule Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date A la Carte 20018 AXON TASER - BATTERY PACK - TACTICAL 15 1 01/01/2025 A la Carte 20022 AXON TASER 7 - HANDLE - HIGH VIS GRN LASER CLASS 3R GREEN 15 1 01/01/2025 A la Carte 20063 AXON TASER 7 - HOLSTER - SAFARILAND RH 15 1 01/01/2025 A la Carte 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5-DEGREE) NS 62 1 01/01/2025 Quote Unbundled Price: $36,820.75 Quote List Price: $36,820.75 Quote Subtotal: $32,954.44 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal 011425 ws Pg. 6 Page 4 Q-638117-45611.865JB Shipping Locations Location Number Street City State Zip Country 1 175 Bain St Lillington NC 27546-5143 USA Payment Details Dec 2025 Invoice Plan Item Description Qty Subtotal Tax Total December 20018 AXON TASER - BATTERY PACK - TACTICAL 15 $1,476.75 $103.38 $1,580.13 December 20022 AXON TASER 7 - HANDLE - HIGH VIS GRN LASER CLASS 3R GREEN 15 $28,152.30 $1,970.65 $30,122.95 December 20063 AXON TASER 7 - HOLSTER - SAFARILAND RH 15 $1,092.15 $76.45 $1,168.60 December 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5-DEGREE) NS 62 $2,233.24 $156.33 $2,389.57 Total $32,954.44 $2,306.81 $35,261.25 011425 ws Pg. 7 Page 5 Q-638117-45611.865JB Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 011425 ws Pg. 8 Page 6 Q-638117-45611.865JB Signature Date Signed 11/15/2024 011425 ws Pg. 9 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2025\011425 ws\4.1 Agenda Retirees.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: January 21, 2025 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Weapons provided to retires REQUESTED BY: Sheriff Coats REQUEST: Sheriff Coats request approval for the following deputies who are retiring to purchase their service weapons for $ 1.00. Lieutenant Scott Jeffries and Detective Josh Teasley are retiring from the Sheriff's office. Lieutenant Jeffries will purchase his Glock 43X serial number AKHH704. Detective Josh Teasley will purhcase his Glock 17 serial number BG4D509. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 4 011425 ws Pg. 10 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2025\011425 ws\5.1 Agenda Tek84.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: January 21, 2025 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Purchase of Tek 84 body scanner for the Detention Center REQUESTED BY: Sheriff Coats REQUEST: Sheriff Coats request approval to purhcase a Tek84 Intercept Whole Body Security Scanning System. This system will provide the Detention Center with the ability to scan inmates who enter the Detention Center. The scanner will assist in identifing contraband that has been consealed internally in the inmate's body. We request to purchase Tek84 through the sole source procedure. Attached is a sole source letter. Funding of the project is available through a grant from the State of North Carolina. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 5 011425 ws Pg. 11 13495 Gregg Street 858-676-5382 info@tek84.com Poway, CA 92064 Tek84 Confidential www.tek84.com August 9, 2024 Major Gary McNeill Harnett County Sheriff's Office 175 Bain Street Lillington, NC 27546 Dear Major McNeill, We the undersigned, hereby affirm that the Intercept Whole Body Contraband Detection Scanner is a product of Tek84, Security Product Line. The Intercept Scanner is uniquely designed, and the following features are exclusive to the product . There are no other whole body contraband detection systems in marketplace production that can meet these combined specifications. 1.Vertical Scanning - The Intercept Scanner is the only whole-body scanner that uses an X-ray beam that images below the subjects’ feet to above their head with generator and detector array motioning vertically in tandem, scanning on a horizontal plane to assure accurate proportional imaging, no magnification or distortion, and not requiring the subject to move on a platform or conveyer belt during the imaging process . 2.Small footprint - The Intercept Scanner is the only whole-body scanner that has the ultra-compact 34” x 72” footprint design. 3.Exclusion Zone equal to the device footprint - The Intercept Scanner is the only whole-body scanner that has an exclusion zone equal to the 34” x 72” footprint. 4.Waterproof - The Intercept Scanner is the only whole-body scanner that is proven waterproof up to four inches of height from the ground. 5.Dual Vertical Wall Technology - The Intercept Scanner is the only whole-body scanner with Dual Virtual Wall Technology to assure that the subject is standing in the correct position while being scanned in order to minimize radiation dose as per ANSI/HPS N43.17-2009. Doses between 0.25 uSv and 8.0 uSv. 6.Complete Scan Report - The Intercept Scanner is the only whole-body scanner that provides a photo, 3 images, scan#, name, time date stamp, comment, unit name, institution name, JMS #, Operator embedded on jpg for evidentiary purposes. 7.Transportable - The Intercept Scanner is transportable. Because it is not permanently anchored to the floor and has built- in wheels, it can be moved to another location. 8.Quick - The Intercept Scanner has a 4 second scan time. 9.Integrated, FDA Thermal Scanner - The Intercept is the only whole-body scanner with an optional integrated thermal scanner with embedded record keeping. Tek84 is the only manufacturer of the Intercept and the only manufacturer of a device that combines these listed features. The Intercept has at least four current patents (First patent # 10481295). The Intercept Whole Body Contraband Detection System routinely utilizes a low imaging dose of 0.25 uSv per scan that adheres to the ALARA (As Low As Reasonably Achievable) Concept outlined in the American National Standard (ANSI/HPS) Regulations N43.17 - 2009. Tek84 Engineering products are the only x-ray body scanner designed for secure facilities that are 100% developed and assembled in the USA. Sincerely, Margo McNeely Regional Sales Manager SE 954-520-2003 011425 ws Pg. 12 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2025\011425 ws\6.1 25.01.07 New Animal Shelter Project Ordinance Agenda Request.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: January 21, 2025 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Project Ordinance Amendment - ANS23 New Animal Shelter - Land Acquisition for New Animal Shelter Project REQUESTED BY: Barry A. Blevins REQUEST: General Services / Animal Services Director requests the Board of Commissioners review and consider approval of an amended project ordinance to budget funds for land acquisition required for the ASN23 New Animal Shelter Project. Amendment includes the budgeted amount of $300,300 for the land acquisition. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 6 011425 ws Pg. 13 Section 2. The following expenditures are hereby appropriated for this project: Current Ordinance Adjustment Amended Ordinance Professional Services (03/24)32,341$ -$ 32,341$ Construction - - - - Capital Outlay - Land Acquisition - 300,300 300,300 Contingency - -- Total 32,341$ 300,300$ 332,641$ Section 3.The following revenues are hereby appropriated for this project: Current Ordinance Adjustment Amended Ordinance Capital Reserves 32,341$ 300,300$ 332,641$ - - - Total 32,341$ 300,300$ 332,641$ Section 4. Section 5. 21st day of January , 2025. Matt Nicol, Chairman Harnett County Board of Commissioners ATTEST: Melissa Capps, Clerk to the Board Copies of this capital project ordinance shall be furnished to the Clerk to the Board, the Budget Director and the Finance Officer for direction in carrying out this project. Duly adopted this ANIMAL SERVICES FACILITY PROJECT CAPITAL PROJECT ORDINANCE AMENDMENT BE IT ORDAINED by the Board of Commissioners of Harnett County,North Carolina,sitting as the governing board for Harnett County. Section 1. This project consists of a comprehensive needs assessment study and conceptual design for the new Animal Shelter and Land Acquisition. To amend project ordinance to budget for land acquisition and updated project cost. 011425 ws Pg. 14 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners (the “Board”) of the County of Harnett, North Carolina was held on January 21, 2025, at 6:00 p.m. in the County Commissioners’ Meeting Room, Harnett County RCL Building, 455 McKinney Parkway, Lillington, North Carolina, Matthew Nicol, Chairman of the Board, presiding and the following Commissioners present: The following members were absent: Also present: ** * Commissioner moved that the following resolution (the “Resolution”), a copy of which was available with the Board, and which was read by title: RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO ISSUE APPROXIMATELY $10,000,000 LIMITED OBLIGATION BONDS TO FINANCE THE HARNETT COUNTY ANIMAL SERVICES BUILDING, AND TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF THE HARNETT COUNTY ANIMAL SERVICES BUILDING FROM THE PROCEEDS OF SUCH LIMITED OBLIGATION BONDS EXPECTED TO BE ISSUED IN CALENDAR YEAR 2025. WHEREAS, the Board of Commissioners (the “Board”) of the County of Harnett, North Carolina (the “County”) anticipate executing and delivering approximately $10,000,000 of tax-exempt limited obligation bonds (the “Bonds”) in order to finance the acquisition and construction of the Harnett County Animal Services Building (the “Project”); and WHEREAS, the County intends to proceed with the Project and expects to incur and pay certain expenditures in connection with the Project prior to the date of execution and delivery of the Bonds (the “Original Expenditures”), such Original Expenditures to be paid for originally from a source other than the proceeds of the Bonds, and the County intends, and reasonably expects, to be reimbursed for such Original Expenditures from a portion of the proceeds of the Bonds to be executed and delivered at a date occurring after the dates of such Original Expenditures; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, North Carolina as follows: Section 1. Official Declaration of Intent. The County presently intends, and reasonably expects, to reimburse itself for the Original Expenditures incurred and paid by the County on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Bonds. The County reasonably expects to execute and deliver the Bonds in the calendar year ending December 31, 2025 to finance all or a portion of the costs of the Project and the maximum principal 011425 ws Pg. 15 amount of Bonds reasonably expected to be executed and delivered by the County to pay for all or a portion of the costs of the Project, which amount is subject to change, is expected to be approximately $10,000,000. Section 2. Compliance with Regulations. The County adopts this Resolution as a declaration of official intent under Section 1.150-2 of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1986, as amended, to evidence the County's intent to reimburse itself for the Original Expenditures from proceeds of the Bonds. Section 3. Itemization of Capital Expenditures. The Finance Officer of the County, with advice from special counsel, is hereby authorized, directed and designated to act on behalf of the County in determining and itemizing all of the Original Expenditures incurred and paid by the County in connection with the Project during the period commencing on the date occurring 60 days prior to the date of adoption of this Resolution and ending on the date of execution and delivery of the Bonds. Section 4. Effective Date. This Resolution is effective immediately on the date of its adoption. On motion of Commissioner , seconded by Commissioner , the foregoing resolution entitled “RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO ISSUE APPROXIMATELY $10,000,000 LIMITED OBLIGATION BONDS TO FINANCE THE HARNETT COUNTY ANIMAL SERVICES BUILDING, AND TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF THE HARNETT COUNTY ANIMAL SERVICES BUILDING FROM THE PROCEEDS OF SUCH LIMITED OBLIGATION BONDS EXPECTED TO BE ISSUED IN CALENDAR YEAR 2025.” was duly adopted by the following vote: AYES: NAYS: 011425 ws Pg. 16 STATE OF NORTH CAROLINA ) ) ss: COUNTY OF HARNETT ) I, MELISSA D. CAPPS, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled “RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO ISSUE APPROXIMATELY $10,000,000 LIMITED OBLIGATION BONDS TO FINANCE THE HARNETT COUNTY ANIMAL SERVICES BUILDING, AND TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF THE HARNETT COUNTY ANIMAL SERVICES BUILDING FROM THE PROCEEDS OF SUCH LIMITED OBLIGATION BONDS EXPECTED TO BE ISSUED IN CALENDAR YEAR 2025” adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 21st day of January, 2025. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the __ day of January, 2025. ___________________________________ MELISSA D. CAPPS Clerk to the Board County of Harnett, North Carolina 011425 ws Pg. 17 Board Meeting Agenda Item MEETING DATE: January 21, 2025 TO: HARNETT COUNTY BOARD OF COMMISIONERS SUBJECT: Award of St. Matthews Road Utility Extension Project Construction Contract REQUESTED BY: Seann Byrd, HRW Interim Director REQUEST: This is a formal request for the Board to award the utility construction contract for the above-referenced project to Temple Grading and Construction Company from Lillington, NC in the amount of $229,283. The bid opening was held on Thursday, December 19th, 2024 and three bids were received at that time. Also requested are $11,464 for project contingency and $75,000 to Meyers Engineering PLLC for additional engineering services for Erwin sewer upgrades. Attached are the bid tab summary and letter of recommendation from the engineering consultant on the project, Meyers Engineering PLLC. Also attached is the proposal for additional engineering services for design of sewer upgrades in Erwin. Please place this item on the agenda at the next available meeting. FINANCE OFFICERS RECOMMENDATION: Insert text here. Item 7 011425 ws Pg. 18 011425 ws Pg. 19 011425 ws Pg. 20 November 21, 2024 Mr. Steve Ward, Director Harnett Regional Water 700 McKinney Parkway Lillington, NC 27606 Re: Proposal for Professional Services Town of Erwin Infrastructure Projects Proposal Amendment Dear Mr. Ward, Meyers Engineering, PLLC submitted a proposal for the Erwin Infrastructure Projects with a water line along St Matthews Road and a potential sewer project to interconnect 2 sewer interceptors to increase conveyance capacity in the north and western part of Erwin. Subsequently, Meyers Engineering was asked to look at potential force main project on the south east part of Erwin to mitigate overflows in the downtown portion of the Erwin sewage collection system. Meyers Engineering prepared hydraulic model for a new force main to manifold pump stations SLS-130, SLS-132, and SLS-135 to a new discharge point via an existing 8-inch force main that serves SLS-25, SLS-26, SLS-27 and SLS-28. The results of the hydraulic model are attached, and the result demonstrate that the new force main would work without adversely affecting the existing pump stations. The new force main would extend along Iris Bryant Road, Old Cutoff Road, and S 13th Street. It would also require a new force main form SLS-135 to Iris Bryant Road. The total length of new 6-inch diameter force main is approximately 7000- linear feet as shown on the attached project area. An opinion of project costs is also attached. The fee for the original scope was $150,000 for the St Matthews Road water line ($75,000) and the sewer interconnect ($75,000); however, with the change in scope, the scale and complexity of the project has increased. A new fee derivation is attached for your consideration. The fee for the sewer portion of the project would increase from $75,000 to $148,100, an increase of $73,100. Surveying of the route would be completed by the end of January. It is anticipated that 011425 ws Pg. 21 construction plans could be submitted to HRW for review within 30-days, and contract documents and construction plans ready to submit for permitting and NCDEQ-DWI review 30- days after HRW review. It is anticipated that the project would be ready to bid by June 2025, with the understanding that the project would need to be completed by December 2026 for ARPA funding reimbursement for a portion of the project costs. Meyers Engineering would be pleased to undertake this project for HRW, and would ask if HRW elects to proceed to let us know as soon as possible so we can schedule the surveyor and utility locator. Please let me know if you have any questions or comments. Sincerely, Jay Meyers, PE Owner 011425 ws Pg. 22 Erwin Municipal Park 115 ft CapeFearRiverCapeFearRiverK ittys LnN C H i ghway 2 1 7 S 13th S t191 ft Mason St Moo re St 188 ft 183 ft Iris B r y a n t R d Chicora RdReuben MasonLnNorr is RdMulberryLnMcIntyreLn O ld C u to ff Rd Iri s B r y a n t R d S 13th St South Erwin Sewer Harnett County GIS, Esri Community Maps Contributors, Duke University, Johnston County, State of North Carolina DOT, © OpenStreetMap, Microsoft, October 30, 2024 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:9,028 011425 ws Pg. 23 ERWIN SEWAGE PUMP STATION MODEL OCTOBER 2024 BY MEYERS ENGINEERING, PLLC Pump Station Design Point 1 SCADA Pump Rate2 Firm Capacity SCADA Peak Day Flow2 Model Pump Rate 4 Pump Rate with All Pumps Stations Operating 5 Firm Capacity when all pumping SLS-25 500 gpm @ 35 TDH 369 531,360 28,000 368 gpm @ 46 TDH 89 gpm @ 60 TDH 128,160 SLS-26 400 gpm @45 TDH 271 390,240 4000 318 gpm @ 48 TDH 71 gpm @ 61 TDH 102,240 SLS-27 70 gpm @ 80 TDH 68 97,920 15,000 70 gpm @ 78 TDH 54 gpm @ 102 TDH 77,760 SLS-28 70 gpm @ 80 TDH 45 64,800 21,000 61 gpm @ 94 TDH 47 gpm @ 111 TDH 67,680 SLS-130 70 gpm @ 80 TDH 43 61,920 60,000 111 gpm6 89 gpm @ 37 TDH 128,160 SLS-132 ??? 67 96,480 31,000 66 gpm @ 126 TDH 48 gpm @ 138 TDH 69,120 SLS-135 300gpm @ 50 TDH 219 315,360 323,000 351 gpm @ 53 255 gpm @ 60 TDH 367,200 1 – design points taken from pump curves. Curves are for HOMA pumps. 2 – HRW SCADA data obtained by Glenn McFadden 3 – Firm capacity is if pumps ran at SCADA pumping rate for 24-hours 4 – WaterCAD model with pumps running individually. SLS 130, SLS 132, and SLS-135 are all modeled into new forcemain. 5- WaterCAD model pumping rate with all pumps running concurrently. 6 – Not enough head for SLS-130 – runs off the curve. 011425 ws Pg. 24 Town of ErwinSouthwest ForcemainOpinion of Project CostsITEM DESCRIPTIONEstimated Unit Cost UnitITEMNO.1 Mobilization/Insurance/Bonds - 5%1LS1$49,3072 Clearing and Grubbing$25,000.00AC0.92$22,9573 manifolding old and new forcemains$10,000.00EA2.00$20,00046" C-900 forcemain in public right-of-way$95.00LF5,000$475,00056" C-900 forcemain in easement$75.00LF2,000$150,0006 Combination Air Release/Vaccum Breaker Assembly$15,000.00EA2$30,0007Road Crossing (12-inch steel encasement 0.5 wall thickness)$550.00LF320$176,0008 Forcemain Pressure testing$1.00LF7,000$7,0009 Lining discharge manhole$10,000.00LS1$10,00010 Erosion Control$7,500.00AC3.21$24,10511 Seeding and Mulching$5,000.00AC3.21$16,07012 Traffic Control$1,000.00DAY30$30,00013 Construction Staking1LS25,000$25,000Construction Subtotal$1,035,438Construction Contingencies (30%)$310,631TOTAL ESTIMATED CONSTRUCTION COSTS$1,346,069Surveying/Engineering/Permitting (8%)11%$148,068Easements (permanent and temp construction)$25,000Permit Application Fees$2,000Easement recordation$20,000TOTAL ESTIMATED SOFT COSTS$195,068Total Project Costs=$1,541,137New 6-inch forcemain, 7000 linear feetEstimated UnitsEstimated Project Costs11/21/2024011425 ws Pg. 25 Task Provider Estimated  Quantities Units Rate Total 1 ‐ Preliminary Engineering Field Investigation/Available Record Compliation/Erwin Basin Study 40 hours 150 $6,000 Meetings with Erwin and HRW 8 hours 150 $1,200 Hydraulic Gradeline Model 20 hours 150 $3,000 Pump Station Evaluations 16 hours 150 $2,400 Preliminary Engineering Report 16 hours 150 $2,400 $15,000 2 ‐ Topographic Surveying Topo Surveying BNK 34,000$      1.1 $37,400 Subconsutant coordination 8 hours 150 $1,200 correspondence/meetings/property owner notification 36 hours 150 $5,400 $44,000  3 ‐ Design (65%) Sewer Forcemain Design 140 hours 150 $21,000 Calculations/system curves/24 hours 150 $3,600 Erosion Control Design 8 hours 150 $1,200 Standard Details 8 hours 150 $1,200 Contract Front End Documents, Specifications, Quantity takeoffs 24 hours 150 $3,600 Misc Meetings/ sub‐consultant coordination 16 hours 150 $2,400 $33,000 4 ‐ Permitting  NCDEQ Sewer Permit Prep & Submittal 24 hours 150 $3,600 Erosion Control Permit Prep & Submittal 12 hours 150 $1,800 $5,400 5 and 6 ‐ 95% and Final Design Modifying plans and specs based on permitting comments 16 hours 150 $2,400 Resubmittal Responses 8 hours 150 $1,200 Addressing Final comments and prepare plans for bidding 16 hours 150 $2,400 Opinion of Project Costs 4 hours 150 $600 NCDEQ‐DWI checklist 12 hours 150 $1,800 Misc Meetings 12 hours 150 $1,800 $10,200 7 ‐ Bidding Bid advertisement, plan distribution 8 hours 150 $1,200 Pre‐bid meeting (including agenda, attendance and minutes)4 hours 150 $600 Addendums (assume 2)8 hours 150 $1,200 Bid Opening 4 hours 150 $600 Bid Evaluation/Certified Bid Tab 8 hours 150 $1,200 ARPA Submittal 16 hours 150 $2,400 $7,200 8 ‐ Construction Administration (assume 6‐month construction) Material/Equipment Submittal Reviews 12 hours 150 $1,800 Pre‐construction meeting 4 hours 150 $600  Construction Inspections/Testing 120 hours 150 $18,000 Requests for Information 16 hours 150 $2,400 $22,800 9 ‐ Project Closeout As‐Built Survey BNK $5,000 1.1 $5,500 As‐built Plans 8 hours 150 $1,200 Engineering Certifications 4 hours 150 $600 ARPA Reports 8 hours 150 $1,200 $8,500 Reimbursable Expenses $2,000 $148,100 Sub‐total = Erwin Sewer Proposal Amendment Total = 21-Nov-24 Fee Summary Sub‐total = Sub‐total = Sub‐total = Sub‐total = Sub‐total = Sub‐total = Sub‐total = 011425 ws Pg. 26 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2025\011425 ws\8.1 agendaform_PFAS Pilot study DWSRF_EC loan (002).docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: January 21, 2025 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Resolution to accept DWSRF-EC loan with principle forgiveness for Harnett Regional WTP PFAS pilot study REQUESTED BY: Seann Byrd, Interim HRW Director REQUEST: This is a formal request for the Board to approve the attached resolution accepting a Drinking Water State Revolving Fund - Emerging Contaminants loan with principal forgiveness of $500,000 for the above-mentioned project. Please place this item on the agenda at the next available meeting. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 8 011425 ws Pg. 27 RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AUTHORIZING SRF-D-EC-0012 FUND WHEREAS, the Bipartisan Infrastructure Law (BIL) of 2021 and North Carolina General Stute (NCGS) 159G have authorized the making of principal; forgiveness loans to aid eligible, drinking-water system owners in financing pre-construction activities and planning efforts associated with the removal of per-and polyfluoroalkyl substances (PFAS); and WHEREAS, the North Carolina Department of Environmental Quality has offered a Drinking Water State Revolving Fund – Emerging Contaminants (DWSRF-EC) loan with principal forgiveness in the amount of $500,000.00, to conduct PFAS and Emerging Contaminants Conceptual Treatment Alternatives, hereafter referred to as the “Project”; and WHEREAS, The Harnett Regional Water Department intends to conduct said Project in accordance with a scope of work that was approved by the North Carolina Division of Water Infrastructure. NOW THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners, of the HARNETT REGIONAL WATER: COUNTY OF HARNETT THAT Harnett Regional Water does hereby accept the DWSRF-EC principal forgiveness loan offer in the amount of $500,000.00; and THAT HARNETT REGIONAL WATER does give assurances to the North Carolina Department of Environmental Quality that they will adhere to all applicable items specified in the standard “Conditions” and “Assurances” of the Department’s funding offer, awarded in the form of a DWSRF-EC principal forgiveness loan; and THAT Seann Byrd, HRW Assistant Director, and successors so titles, is hereby authorized and directed to furnish such information, as the appropriate State agency may request in connection with such application of the Project; to make the Assurances as contained above; and to execute such other documents as may be required in connection with the application; and THAT Harnett Regional Water has complied substantially or will comply substantially with all Federal, State and local laws, rules, regulations, and ordinances applicable to the Project, and to Federal and State grants and loans pertaining thereto. Adopted this the ___________day of January 2025. HARNETT COUNTY BOARD OF COMMISSIONERS _________________________________________ Matthew Nichol, Chairman ATTEST: ______________________________ Melissa D. Capps, Clerk to the Board 011425 ws Pg. 28 011425 ws Pg. 29 011425 ws Pg. 30 011425 ws Pg. 31 011425 ws Pg. 32 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2025\011425 ws\9.1 Agenda Memo_Utility Infrastructure and Service Interlocal Agmt.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: January 21, 2025 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Utility Infrastructure and Service Interlocal Agreement REQUESTED BY: Seann Byrd REQUEST: Harnett Regional Water Department requests approval of the Utility Infrastructure and Service Interlocal Agreement with between Harnett County, Northwest Water and Sewer Distrist of Harnett County, and the Town of Fuquay-Varina. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 9 011425 ws Pg. 33 011425 ws Pg. 34 011425 ws Pg. 35 011425 ws Pg. 36 011425 ws Pg. 37 011425 ws Pg. 38 011425 ws Pg. 39 011425 ws Pg. 40 011425 ws Pg. 41 011425 ws Pg. 42 011425 ws Pg. 43 011425 ws Pg. 44 011425 ws Pg. 45 011425 ws Pg. 46 011425 ws Pg. 47 011425 ws Pg. 48 011425 ws Pg. 49 011425 ws Pg. 50 011425 ws Pg. 51 011425 ws Pg. 52 011425 ws Pg. 53 https://harnettcounty.sharepoint.com/sites/infotech/Shared Documents/Finance/01 Ira followup/contracts/2025/Barracuda/IT Dept Barracuda agendaform2025.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: January 21, 2025 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Barracuda Services 3-year renewal contract REQUESTED BY: Ira Hall, CIO, IT Department REQUEST: Harnett County IT Department is requesting approval to enhance our security measures with Barracuda Premium Plus protection. This would be a 3-year contract to be billed for one third each year for 3 years. $156,960 per year totaling $470,880. Barracuda is requesting the initial PO to be for the whole amount, but Harnett County will only pay $156,960 this budget year. Barracuda Cloud software covers many aspects of Harnett County Security and threat protection. It is currently our Security Training Provider, Email Protection and Email Archiving. This package will add Office 365 cloud backup, more specific email phishing protection, and account monitoring for potential account “takeovers”. More details of services provided can be found here: https://www.barracuda.com/products/email-protection/plans FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 Item 10 011425 ws Pg. 54 011425 ws Pg. 55 ** NOTE: Orders may require an Assignment of Proceeds from the Purchaser. ** Terms; NET 30. All payments to Carolina Advanced Digital, Inc. must be in US Dollars Please Note: Due to Mfr Policies, we cannot accept returns on Hardware/Software. Invoices bear interest at 1.5% per month commencing upon date payment is due. HUBZONE CERTIFIED, SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB) CERTIFIED. TEIN: 56-1639656, CAGE CODE: 1V1E1, DUNS: 62-503-1166/UEI: LG6LJC4VPD93 CONFIDENTIAL Intellectual property of Carolina Advanced Digital, Inc. All rights reserved. No part of this document(s) or file(s) or any referenced or associated document(s) or file(s) may be disclosed to any third party without the prior, written consent of Carolina Advanced Digital, Inc. Quote #29277-4 Page 2 / 2 Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 56 LEGAL TERMS AND CONDITIONS FOR ALL BARRACUDA PRODUCTS General Terms Applicable to all Products SCHEDULES: Schedule 1: Software Use and Restrictions Schedule 2: Limited Warranty Schedule 3: Hosted Services Schedule 4: Additional Terms for SAT Schedule 5: Support Services Terms Schedule 6: Professional Services Terms Schedule 7: Data Privacy Schedule 8: Migration and Upgrade Credit Program Terms Schedule 9: Additional Terms for Managed XDR Services The General Terms and Conditions (“General Terms”), together with all applicable Schedules (collectively, the “Agreement”) are a legal agreement between you, a legal entity (“Customer”), and Barracuda Networks, Inc. (“Barracuda”). If you are not legally able to be bound by the Agreement or do not want to consent to the terms of the Agreement, your use of the Products is strictly prohibited. Your use of the Products is subject at all times to this Agreement, as amended from time to time. If you do not unconditionally agree to the foregoing, discontinue the installation or use of the Products. If you proceed with use, you are (i) representing and warranting that you are authorized to bind the Customer; and (ii) agreeing to the Terms. Order of Precedence . The General Terms are applicable to all Barracuda Products and set forth the terms under which the Customer may use Barracuda Products. Certain Products are subject to additional terms and conditions, which are set forth in the applicable “Schedule.” In the event of a conflict or inconsistency between any of the General Terms and a Schedule, the Schedule will govern. GENERAL TERMS AND CONDITIONS PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING A BARRACUDA PRODUCT. BY USING A BARRACUDA PRODUCT, CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF CUSTOMER LIVES IN THE UNITED STATES, THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS CUSTOMER’S RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH BARRACUDA. PLEASE READ IT CAREFULLY. Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 57 1. Definitions. 1.1. “Barracuda Materials” means all Barracuda proprietary materials, including, but not limited to, Deliverables, Products and intellectual property related to Products and Documentation. 1.2. “Deliverables” means any written reports and materials that are created specifically for Customer as a result of Professional Services provided hereunder, as set forth in Schedule 6 (“Professional Services Terms”). 1.3. “Delivery” with respect to Hardware means the date of shipment, and with respect to Software and Hosted Services means when the Software or Hosted Service is made available by Barracuda. 1.4. “Documentation” means manuals or other materials provided by Barracuda related to the Products in electronic or other form, as amended from time to time by Barracuda. 1.5. “ELective Date” shall mean the date of Delivery of the Products. 1.6. “Hardware” means a physical appliance provided by Barracuda. 1.7. “Hosted Service” means the right to use a cloud system or platform hosted by Barracuda, which provides the services and functionality set forth in the applicable Specification. 1.8. “Hosted Service Term” means the length of time for which a Hosted Service is purchased. 1.9. “Intellectual Property Rights” means copyrights (including, without limitation, the exclusive right to use, reproduce, modify, distribute, publicly display and publicly perform the copyrighted work), trademark rights (including, without limitation, trade names, trademarks, service marks and trade dress), patent rights (including, without limitation, the exclusive right to make, use and sell), trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the law of the United States or any other state, country or jurisdiction. 1.10. “Product” means, collectively, any Hardware, Software, Subscriptions, Hosted Service, Services and any combination thereof. 1.11. “Order” means a written purchase order or similar ordering document, signed or submitted to Barracuda under which the Products are provided for Customer’s use. Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 58 1.12. “Professional Services” means consulting services provided by Barracuda under a Statement of Work and/or set forth on an Order. 1.13. “Software” means software embedded in Hardware, used to provide a Hosted Service or any software licensed to Customer as a Subscription, including any Updates thereto. 1.14. “Service” or “Services” means Professional Services and Support Services. 1.15. “Specification” means the functionality for the Product as documented in the Product data sheet. 1.16. “Statement of Work” or “SOW” means a document between Barracuda and Customer, describing Professional Services, rates and timelines for those Professional Services. 1.17. “Subscription” means a license provided by Barracuda for a Subscription Term under which Barracuda provides access to certain features and functionality, as described in the Specification, which is provided subject to the applicable Schedule, if any, and these General Terms. 1.18. “Subscription Term” means the length of time for which a Subscription is purchased. 1.19. “Support Term” means the length of time for which the Support Service is purchased. 1.20. “Support Services” means the maintenance and technical support services provided by Barracuda with respect to each Product, as described in Schedule 5 (“Support Services Terms”). 1.21. “Update” means minor enhancements, error corrections and bug fixes to the Software. 2. Modification. Barracuda reserves the right to modify the Agreement at any time, in its sole discretion, without liability to Customer. The Agreement, as amended, will be eeective upon use of the Products for all existing users immediately after any amended terms are posted online. If Customer has signed up for email updates, Barracuda will provide email notice to Customer of the update. Customer’s continued use of the Products shall be deemed acceptance of the modified terms. 3. Orders and Statements of Work. 3.1. Orders. Products will only be provided to Customer after Barracuda has received and accepted an Order for such Product. Orders are not binding upon Barracuda until accepted Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 59 in writing by Barracuda. All Orders will be governed by this Agreement and are noncancelable and nonrefundable after Delivery, except as set forth in Section 5.2 (“Returns”). 3.2. Statements of Work. Each Statement of Work is governed by this Agreement. Barracuda will not be obligated to perform any Professional Services until a Statement of Work describing those Professional Services has been agreed upon by both parties or an Order listing those Professional Services has been accepted by Barracuda in writing. 4. Payment Terms. 4.1. Fees and Expenses. If Customer purchases directly from Barracuda, Customer will pay Barracuda the fees specified on the invoice associated with each Order or Statement of Work (“Fees”). If Customer purchases through a Barracuda authorized reseller, all fees and other procurement and delivery terms shall be agreed upon between Customer and the applicable reseller. Fees for usage in excess of amounts purchased will be billed by Barracuda in the next billing cycle and Customer acknowledges that such additional fees must be paid in accordance with the terms herein. 4.2. Payment. If Customer purchases directly from Barracuda, payment is due within thirty (30) days of the date of each invoice. Payment will be made by credit card, wire transfer or another prearranged payment method unless Barracuda has extended credit terms to Customer. All Fees described in an Order or Statement of Work will be fully invoiced in advance, unless otherwise agreed to in writing by Barracuda. If any payment is past due, Barracuda may, without limiting any remedies available to Barracuda, suspend performance until payment is made current. Customer will pay interest on all delinquent amounts at the lesser of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law. 4.3. Increases. Barracuda reserves the right to increase prices for Products at any time, provided however that any price increase for Subscriptions, Hosted Services and Support Services will not go into eeect until the end of the then-current term, as applicable. 4.4. Taxes . All Fees are exclusive of all sales, use, excise, value added, goods and services, withholding and other taxes, and all customs, duties and taries now or hereafter claimed or imposed by any governmental authority upon the sale or use of the Products, which shall be invoiced to and paid by the Customer. If Customer is required by law to make any deduction or withholding on any payments due to Barracuda, Customer will notify Barracuda and will pay Barracuda any additional amounts necessary to ensure that the net amount Barracuda receives, after any deduction or withholding, equals the amount Barracuda would have received if no deduction or withholding had been required. Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 60 Additionally, Customer will provide Barracuda with evidence, to the reasonable satisfaction of Barracuda, showing that the withheld or deducted amounts have been paid to the relevant governmental authority. For purposes of calculating sales and similar taxes, Barracuda will use the address set forth on the Order or Statement of Work, as applicable, for the jurisdiction to which Products and shipments are delivered unless Customer has otherwise notified Barracuda. Customer will provide tax exemption certificates or direct- pay letters to Barracuda as applicable. 4.5. Payment Disputes. Customer must notify Barracuda of any billing problems or discrepancies within sixty (60) days of the applicable Barracuda invoice date. Customer must send such notification to Barracuda as indicated in Section 21 (“Notices”). If Customer does not bring such problems or discrepancies to Barracuda’s attention within such sixty (60) day period, Customer agrees that it waives the right to dispute such problems or discrepancies. 4.6. Oesets. Customer shall pay all amounts due and payable to Barracuda under this Agreement to Barracuda in full without any setoe, recoupment, counterclaim, deduction, debit or withholding for any reason (other than any deduction or withholding of tax as may be required by applicable law and in compliance with Section 4.4 (“Taxes”). 4.7. Import/Export Fees. Customer is responsible for any import or export fees or duties associated with its purchase or use of the Products. 5. Title and Returns. 5.1. Title; Ownership. 5.1.1. Hardware. All Hardware is shipped from Barracuda’s designated manufacturing facility or point of origin (Exworks origin) (Incoterms 2010). Title to such Hardware and the risk of loss of or damage to Hardware shall pass to Customer at the time of shipment from Barracuda’s facility. Barracuda is authorized to designate a carrier pursuant to Barracuda’s standard shipping practices unless otherwise specified in writing by Customer. Customer must provide written notice to Barracuda within ten (10) days of Delivery of the Products of any non-conformity with the Order (e.g., Delivery of the wrong Product or incorrect quantities). Partial shipment is expressly permitted hereunder, and separate charges for shipping and handling will be charged on Barracuda’s invoice. 5.1.2. Software. Barracuda retains right, title and ownership to all Software, and Customer’s license and usage rights to Software as set forth in Schedule 1 (“Software Use and Restrictions”). Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 61 5.1.3. Customer Data. “Customer Data” means all data, including text, sound, video, or image files and software, that Customer provides to Barracuda, or that is provided on Customer’s behalf. Customer retains ownership of Customer Data at all times. Barracuda will use Customer Data only in accordance with the Barracuda Privacy Policy. 5.2. Returns. Customer may cancel all Orders for new Products (excluding renewals, upgrades and migrations) within thirty (30) days of the Eeective Date of any Term (“Cancellation Period”).” After the Cancellation Period, all Orders are non-cancellable and the Fees paid to Barracuda are nonrefundable. Fees for installation or training provided by Barracuda are non-cancellable and nonrefundable once performance commences. 6. Third Party Products and Services. Third party products or services may contain features designed to interoperate with the Products. To use such features, Customer must obtain access to such third-party apps from their respective providers. If Customer chooses to utilize such third-party apps, the following terms shall apply: (i) All governing terms and conditions, including data processing terms, shall be entered into between Customer and the applicable third-party app provider; (ii) Customer may be required to grant Barracuda access to Customer’s account on such third-party apps; (iii) Customer instructs Barracuda to allow the third-party app provider to access Customer Data as required for interoperation with the Products; and (iv) In the event the operation of a third party app requires the processing of personal data to which the General Data Protection Regulation (“GDPR”) applies in a country that does not provide adequate data protection safeguards, then Customer and the third party app provider must put in place an adequate data transfer mechanism as set forth in Arts. 46 or 47 of the GDPR, including executing appropriate Standard Contractual Clauses, as needed. Barracuda shall not be responsible for any disclosure, modification or deletion of Customer Data resulting from access by such third-party app providers. Third party app providers do not operate as subprocessors to Barracuda. Barracuda is not liable for, and does not warrant or support, any such third-party apps. Barracuda cannot guarantee the continued availability of such third party apps, and may cease providing them without entitling Customer to any refund, credit or other compensation, if, for example, the provider of the third-party app ceases to make its product or service available in a manner acceptable to Barracuda. 7. Professional Services. If applicable, Professional Services will be provided in accordance with these General Terms and Schedule 6 (“Professional Services Terms”). Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 62 8. Support Services and Product Upgrades. 8.1. Support Services. 8.1.1. Support Services Purchase. Support Services may be purchased separately, or for Hosted Services, may be bundled into the price. Customer is not entitled to Support Services until Barracuda receives payment in full for such Support Services. 8.1.2. Support Services Entitlement. For Customers with active Support Services, the following shall apply: 8.1.2.1. Support Services will only be available for the specific Product for which the Support Services is purchased. Applying Updates or receiving Support Services on systems where no valid entitlement has been purchased is strictly forbidden and in violation of this Agreement. 8.1.2.2. For Hardware, Customer is entitled to receive replacement of defective hardware as set forth in Schedule 5 (“Support Services Terms”). 8.1.2.3. For Software, Customer is entitled to Updates to Software. Barracuda shall provide Customer with all Updates, without additional charge, in accordance with Schedule 5 (“Support Services Terms”). Upon Delivery to Customer, each Update will constitute Software and will thereafter be subject to and governed by this Agreement, including without limitation the license and warranty terms. 8.1.2.4. Support Services for Software are required at all times for continued access to the full functionality and proper operation of the Product. Customer acknowledges that failure to pay for ongoing Support Services will limit or degrade the functionality of the Products. 8.2. Upgrades. Upgrades are not included in Support Services, and may be purchased separately from Barracuda. 9. Intellectual Property. 9.1. Ownership of Barracuda Materials; Restrictions. All Intellectual Property Rights in Barracuda Materials belong exclusively to Barracuda and its licensors. Customer will not (and will not allow any third party to): (i) disassemble, decompile, reverse compile, reverse engineer or attempt to discover any source code or underlying ideas or algorithms in any Barracuda Materials (except to the limited extent that applicable law prohibits reverse engineering restrictions); (ii) sell, resell, distribute, sublicense or otherwise transfer the Barracuda Materials, or make the functionality of the Barracuda Materials available to any other party through any means (unless Barracuda has provided prior written consent); (iii) without the express prior written consent of Barracuda, conduct any benchmarking or Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 63 comparative study or analysis involving the Barracuda Materials (“Benchmarking”) for any reason or purpose except, to the limited extent absolutely necessary, to determine the suitability of Products to interoperate with Customer’s internal computer systems; (iv) disclose or publish to any third party any Benchmarking or any other information related thereto; (v) use the Barracuda Materials or any Benchmarking in connection with the development of products, services or subscriptions that compete with the Barracuda Materials; (vi) use any Barracuda trademarks for any purpose not expressly granted by Barracuda in advance and in writing; or (vii) reproduce, alter, modify or create derivatives of the Barracuda Materials. 9.2. Feedback. Customer hereby grants Barracuda a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) that Customer communicates to Barracuda, without compensation, without any obligation to report on such use, and without any other restriction. Barracuda’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. Notwithstanding the provisions of Section 12 (“Confidential Information”), Feedback will not be considered Customer’s Confidential Information. “Feedback” refers to any suggestion or idea for modifying any Products, including, without limitation, all Intellectual Property Rights in and to any such suggestion or idea. 10. Waiver of Consequential Damages and Limitation of Liability. 10.1. WAIVER OF CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). 10.2. LIMITATION OF LIABILITY. THE TOTAL AGGREGATE LIABILITY OF BARRACUDA AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNTS OWED OR PAID BY CUSTOMER FOR THE RELEVANT PRODUCTS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST OCCURRENCE OF THE EVENTS GIVING RISE TO SUCH LIABILITY. 10.3. APPLICABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY (A) TO LIABILITY FOR NEGLIGENCE; (B) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE; (C) EVEN IF A PARTY IS Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 64 ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; (D) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS, FROM INABILITY TO USE THE PRODUCTS OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. THE LIMITATIONS AND EXCLUSIONS CONTAINED HEREIN WILL APPLY ONLY TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND NOTHING HEREIN PURPORTS TO LIMIT EITHER PARTY’S LIABILITY IN A MANNER THAT WOULD BE UNENFORCEABLE OR VOID AS AGAINST PUBLIC POLICY IN THE APPLICABLE JURISDICTION. 11. Export and Compliance with Laws. 11.1. Export. 11.1.1. The Products, including technical data, are subject to U.S. export control laws, including, but not limited to, the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to strictly comply with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export or import Products. Barracuda provides multiple versions of Products targeted for specific geographic regions. 11.1.2. Customer shall not: (a) permit any third party to access or use the Products in violation of any U.S. law or regulation; (b) export the Products or otherwise relocate them unless such export and/or relocation is in full compliance with all applicable local and U.S. laws and regulations. Without limiting the foregoing, Customer shall not permit any third party to access or use the Products in, or export it to, a country subject to a United States embargo (currently, Cuba, Iran, North Korea, Sudan, the Crimea Region in the Ukraine and Syria); or (c) authorize the relocation of the Products to a prohibited entity, territory or country, or take any action otherwise in violation of any applicable restrictions or regulations. 11.2. Compliance with Laws. Customer agrees to comply with all applicable laws related to its performance of the obligations set forth in this Agreement, including, but not limited to, any applicable privacy laws. 11.2.1 If Customer is a United States Government agency, the Products and Documentation qualify as “commercial items”, as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R. 2.101), consisting of “commercial computer Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 65 software” and “commercial computer software documentation” as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202- 4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this Agreement may be incorporated, Government end user will acquire the Products and Documentation with only those rights set forth in this Agreement. Use of either the Products or Documentation or both constitutes an agreement by the Government that the Products and Documentation are “commercial computer software” and “commercial computer software documentation”, and constitutes acceptance of the rights and restrictions herein. 11.2.2. The Products are provided with Restricted Rights. Use, duplication or disclosure for or by the government of the United States, including without limitation any of its agencies or instrumentalities, is subject to restrictions set forth, as applicable: (i) in subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19; or (ii) in similar clauses in other federal regulations, including the NASA FAR supplement. The contractor or manufacturer is Barracuda. Customer shall not remove or deface any restricted rights notice or other legal notice appearing on the Products or on any packaging or other media associated with the Products. 12. Confidential Information. 12.1. Definition. “Confidential Information” refers to the following information disclosed by one party (“ Discloser”) to the other (“Recipient”): (a) any document Discloser marks as “Confidential” or “Proprietary”; (b) any information Discloser orally designates as being “Confidential” at the time of disclosure, or which given the circumstances of the disclosure and the nature of the information would reasonably be considered confidential; (c) the non-public features and functions of the Products, Barracuda’s price lists, technology, trade secrets, marketing strategies, customer lists, mail lists and information concerning the design or methods of manufacture of the Products, for which Barracuda is Discloser; (d) this Agreement; and (e) any other nonpublic, sensitive information disclosed by Discloser. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Recipient’s possession at the time of disclosure and not in violation of any confidentiality obligations; (ii) becomes known publicly, before or after disclosure, other than as a result of Recipient’s improper action or inaction; or (iii) is approved for release in writing by Discloser. 12.2. Maintenance of Confidentiality. Each party agrees that it shall: (i) take reasonable measures to protect the Confidential Information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as the Recipient uses to protect its own Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 66 confidential information of a similar nature; (ii) limit disclosure to those persons within Recipient’s organization who have a clear and well-defined “need to know” and who have previously agreed in writing to obligations at least as stringent as the provisions hereof, either prior to receipt of Confidential Information as a condition of their employment or in order to obtain the Confidential Information; (iii) not copy, reverse engineer, disassemble, create any works from, or decompile any prototypes, Products or other tangible objects which embody the other party’s Confidential Information and/or which are provided to the party hereunder; and (iv) comply with, and obtain all required authorizations arising from, all U.S. and other applicable export control laws or regulations. Confidential Information shall not be used or reproduced in any form except as required to accomplish the purposes and intent of an Order or Statement of Work. Any reproduction of Confidential Information shall be the property of Discloser and shall contain all notices of confidentiality contained on the original Confidential Information. 12.3. Exceptions. The parties agree that the foregoing shall not apply to any information that Recipient can prove, through written evidence: (i) is or becomes publicly known and made generally available through no improper action or inaction of Recipient; (ii) was already in its possession or known by it prior to disclosure by Discloser to Recipient; (iii) is independently developed by Recipient without use of, or reference to, any of Discloser’s Confidential Information; or (iv) was rightfully disclosed to it by, or obtained from, a third party without an obligation of confidentiality. Recipient may make disclosures required by law or court order provided that Recipient: (a) uses diligent eeorts to limit disclosure and to obtain, if possible, confidential treatment or a protective order; (b) has, to the extent legally permissible, given prompt advance notice to Discloser of such required disclosure. 12.4. Injunction. Recipient agrees that breach of this Section 12 would cause Discloser irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Discloser will be entitled to seek injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security. 12.5. Return of Confidential Information. With respect to each item of Confidential Information, the obligations of Section 12.2 (“Maintenance of Confidentiality”) will terminate five (5) years after the date of disclosure. Upon termination of this Agreement, Recipient shall return all copies of Confidential Information to Discloser or certify, in writing, the destruction thereof. Where permissible by law, Recipient may retain one copy of all written materials returned to provide an archive record of the disclosure, which remains subject to the confidentiality terms of this Section 12. Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 67 12.6. Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. Discloser will retain all right, title and interest in and to all of its Confidential Information. 12.7. Collection of Customer Data. Customer agrees to allow Barracuda to collect Customer Data from its Products in order to enhance its security products and to optimize and monitor the performance of the Product. Customer Data will be collected electronically and automatically. Customer Data will be kept private and will only be reported by Barracuda in the aggregate. 13. Term, Termination, and Survival . 13.1. Term . This Agreement will become eeective on the Eeective Date and will continue in eeect for such time as Customer maintains use or possession of Products. 13.2. Termination for Cause. Either party may terminate this Agreement upon written notice of a material breach by the other party subject to a thirty (30) day cure period (“Cure Period”). If the breaching party has failed to cure the breach within the Cure Period after receipt by the breaching party of written notice of such breach, the non-breaching party may terminate this Agreement. This Agreement may be automatically terminated by Barracuda in the event Customer has breached any license restriction and, in Barracuda’s determination, that breach cannot be adequately cured within the Cure Period. 13.3. Support Services. Support Services will begin on the date of Delivery of the Products, and will continue in eeect for the duration of the Support Term. Support Services will automatically renew at the end of any Support Term, at the then-current price, for an additional period equal to the length of the prior Support Term. Either party may provide notification of its intention to not renew at least sixty (60) days prior to the expiration of the then-current Support Term. Customer may terminate Support at any time, for its convenience, on thirty (30) days’ prior written notice to Barracuda; provided, however, that no refund shall be owed and Customer is obligated to pay any remaining Fees owing for the remainder of the then-current Support Term within thirty (30) days of the eeective date of the termination. 13.4. Subscriptions. The term of each Subscription will begin on the date of Delivery of the Products, and will continue in eeect for the duration of the Subscription Term. Subscriptions will automatically renew at the end of any Subscription Term, at the then- current price, for an additional period equal to the length of the prior Subscription Term. Either party may provide notification of its intention to not renew at least sixty (60) days prior to the expiration of the then-current Subscription Term. Customer may terminate a Subscription at any time, for its convenience, on thirty (30) days’ prior written notice to Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 68 Barracuda; provided, however, that no refund shall be owed and Customer is obligated to pay any remaining Fees owing for the remainder of the then-current Subscription Term within thirty (30) days of the eeective date of the termination. 13.5. Hosted Services. The term of each Hosted Service will begin on the date of Delivery, and will continue in eeect for the duration of the Hosted Service Term. Hosted Services will automatically renew at the end of any Hosted Service Term, at the then-current price, for an additional period equal to the length of the prior Hosted Service Term. Either party may provide notification of its intention to not renew at least sixty (60) days prior to the expiration of the then-current Hosted Service Term. Customer may terminate a Hosted Service at any time, for its convenience, on thirty (30) days’ prior written notice to Barracuda; provided, however, that no refund shall be owed and Customer is obligated to pay any remaining Fees owing for the remainder of the then-current Hosted Service Term within thirty (30) days of the eeective date of the termination. 13.6. Professional Services; Statements of Work. The term of each SOW will be as set forth in the applicable SOW. If no term is expressed in a SOW, then the term of that SOW will begin upon commencement of the Professional Services and will continue until the Professional Services described in that SOW are complete or the SOW is earlier terminated as set forth herein. Unless otherwise stated in a SOW, Customer may terminate a SOW at any time for its convenience by providing at least thirty (30) days’ prior written notice to Barracuda; provided, however, that no refund will be owed and Customer is obligated to pay any amounts owing for Professional Services and Deliverables provided or performed under that SOW up to and including the date of termination. 13.7. Eeect of Termination. Except for termination of this Agreement by Barracuda for Customer’s breach, no termination of this Agreement shall impact any active Subscription, Hosted Service, Support Services or SOW that extends beyond such termination, and this Agreement shall continue to govern and be eeective until expiration or termination of such Subscription, Hosted Service, Support Services or SOW. The provisions of Section 4 (“Payment Terms”), Section 10 (“Waiver of Consequential Damages and Limitation of Liability”), Section 11 (“Export and Compliance with Laws”), Section 12 (“Confidential Information”), Section 14 (“Governing Law, Venue and Dispute Resolution”), and Schedule 2 (“Limited Warranty”) and any other terms which by their nature should survive termination shall survive termination of this Agreement. 14. Governing Law, Venue and Dispute Resolution. 14.1. GOVERNING LAW AND VENUE. THESE TERMS AND THE USE AND PROVISION OF PRODUCTS WILL BE GOVERNED SOLELY BY THE LAWS OF THE STATE OF CALIFORNIA, Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 69 WITHOUT REFERENCE TO: (A) ANY CONFLICTS OF LAW PRINCIPLES THAT WOULD APPLY THE SUBSTANTIVE LAWS OF ANOTHER JURISDICTION TO THE PARTIES’ RIGHTS OR OBLIGATIONS; (B) THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS; OR (C) OTHER INTERNATIONAL LAWS. THE PARTIES CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS IN SANTA CLARA COUNTY, CALIFORNIA. 14.2. DISPUTE RESOLUTION . IF CUSTOMER LIVES IN THE UNITED STATES, THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS CUSTOMER’S RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE CUSTOMER MAY HAVE WITH BARRACUDA. PLEASE READ IT CAREFULLY. The parties will attempt to resolve any claim, dispute or controversy (whether in contract, tort or otherwise) against Barracuda, its agents, employees, successors, assigns or aeiliates (collectively for purposes of this paragraph, “Barracuda”) arising out of or relating to this Agreement, the Barracuda Materials, Barracuda advertising, or any related purchase (a “Dispute”) through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before one (1) independent and impartial arbitrator. The arbitration hearing shall take place in Cupertino, California and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrator shall base his or her award on the terms of this Agreement and will follow the law and judicial precedents that a United States District Court Judge sitting in the county of Santa Clara, California would apply to the Dispute. The arbitrator shall render his or her award in writing and will include the findings of fact and conclusion of law upon which his or her award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence, content and results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 70 PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 15. Permission to Use Logo. Customer grants Barracuda permission to use Customer’s name and/or logo on the Barracuda website, or any other marketing material when referring to Customer. Customer will retain all title and rights in its name and logos. 16. Changes to Products. Barracuda reserves the right at any time to modify, suspend or discontinue providing the Products or any part thereof and to alter prices, features, Specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases in its sole discretion, without prior notice. 17. Relationship of the Parties. The parties intend that the relationship created between them by virtue of this Agreement shall be that of an independent contractor, and nothing herein shall be construed to create an agency, joint venture, partnership or other form of business association between them. Barracuda and its agents, employees and servants shall not be deemed to be an employee, agent or servant of Customer or its aeiliated entities, if any. Barracuda is not to be considered an agent or employee of Customer for any purpose, and none of the benefits provided by Customer or its employees are available to Barracuda or Barracuda’s employees, agents or servants. Barracuda shall be solely and entirely responsible for Barracuda’s acts and for the acts of Barracuda’s agents, employees, servants and subcontractors during the performance of this Agreement. 18. Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and this Agreement will not be construed in favor of or against either party by reason of authorship. The headings herein are for convenience only, do not constitute a part of this Agreement and shall not be deemed to limit or aeect any of the provisions hereof. 19. Force Majeure. Except with respect to payment of Fees, neither party shall be liable for any failure to timely perform any of its obligations under this Agreement if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including, without limitation, fire, flood, strikes, hurricanes, and other industrial disputes, failure of raw material, failure of transport, accidents, wars, riots, insurrections, acts of God or orders of any government department or agency. 20. Severability. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and eeect. Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 71 21. Notices. Barracuda may send notices pursuant to this Agreement to Customer’s email contact points provided by Customer, and such notices will be deemed received 24 hours after they are sent. Customer may send notices pursuant to this Agreement to Barracuda at 3175 South Winchester Blvd., Campbell, CA 95008, Attn: Legal Department, and such notices will be deemed received 72 hours after they are sent. 22. Entire Agreement, Waiver and Assignment. 22.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral. If any term or condition in this Agreement conflicts with any term or condition in any Order, invoice or similar supplementary document submitted by Customer, the term or condition set out in this Agreement shall prevail. Unless otherwise expressly and mutually agreed in writing by the parties, under no circumstances shall any Order, invoice or similar supplementary document issued by Customer in connection with the Products supersede the terms of this Agreement. Any such documentation shall be solely for Customer’s internal business purposes, and in no event shall any terms and conditions, or other charges of any such document modify or become a part of this Agreement or become binding on Barracuda, even if signed by Barracuda. 22.2. Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement. 22.3. Assignment. Customer may not assign or transfer any of its rights or obligations under this Agreement without Barracuda’s prior written consent. Barracuda may freely assign its rights and obligations under this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void. Except to the extent forbidden in this section, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns. Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 72 1 Ira D. Hall From:Renea Warren-Ford Sent:Tuesday, December 31, 2024 1:19 PM To:Ira D. Hall Subject:RE: Quote# 29277: [EXTERNAL] RE: Harnett County - Barracuda Health Check Looks good. Thank you Renea Warren-Ford Procurement Specialist | Finance Department 910-814-6101 | rwarren-ford@harnett.org 455 McKinney Parkway, PO Box 760, Lillington, NC 27546 www.harnett.org Privacy & Confidentiallity Notice Email correspondence to and from this address may be subject to the North Carolina Public Records Law and shall be disclosed to third parties when required by statutes. (NCGS Ch. 132) From: Ira D. Hall <ihall@harnett.org> Sent: Tuesday, December 31, 2024 1:12 PM To: Renea Warren-Ford <rwarren-ford@harnett.org> Subject: FW: Quote# 29277: [EXTERNAL] RE: Harnett County - Barracuda Health Check This looks good to me. Final thoughts? Ira Hall Chief Information Officer Harnett County Information Technology Department (910) 814-6388 | ihall@harnett.org From: BreAnn Verreen <bre@cadinc.com> Sent: Tuesday, December 31, 2024 1:11 PM To: Ira D. Hall <ihall@harnett.org> Cc: Julie Allen <julie@cadinc.com> Subject: RE: Quote# 29277: [EXTERNAL] RE: Harnett County - Barracuda Health Check Just heard back from my mgmt team - CAD does offer Cooperative Purchasing for SLED on our GSA contract, except for Office Products (HP toners). Here is our GSA E-Library listing to show it below - does this work for purchasing? Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 73 2 We can still flip this to OMNIA but I just need Crystal to start the paperwork. It looks like GSA would still be a viable option and you guys did purchase using GSA last year if that helps. I’m not pushing back on OMNIA.. it’s just I can’t do that today without Crystal. ______ BreAnn Verreen Account Manager Carolina Advanced Digital, Inc. bre@cadinc.com 919-356-9702 mobile/text 919-460-1314 fax www.cadinc.com From: Ira D. Hall <ihall@harnett.org> Sent: Tuesday, December 31, 2024 10:06 AM To: BreAnn Verreen <bre@cadinc.com> Cc: Julie Allen <julie@cadinc.com> Subject: RE: Quote# 29277: [EXTERNAL] RE: Harnett County - Barracuda Health Check I think it may be easier for us to switch to omnia. Is that difficult on your end? Ira sent from a mobile device On Dec 31, 2024 9:58 AM, BreAnn Verreen <bre@cadinc.com> wrote: Docusign Envelope ID: 60E0EA5A-3DB9-4972-8D61-F5E7EAE6DEC0 011425 ws Pg. 74 JANUARY 21, 2025 APPOINTMENTS NEEDED HARNETT COUNTY COMMISSION FOR WOMEN AND YOUTH We currently have three (3) member vacancies on this Board. Pursuant to the bylaws, “The HCCWY will consist of no more than 10 citizens appointed by Harnett County Board of Commissioners. Two members shall be appointed from each of the five Commissioners’ districts. Individuals that work in Harnett County, but are not residents of Harnett County shall be eligible for nomination of membership to the HCCWY as a representative of the district in which they work.” Melanie Stewart would like to be considered for reappointment. She is currently serves as a District 4 member. (Application attached) HARNETT COUNTY BOARD OF ADJUSTMENT We currently have four (4) alternate member vacancies on this Board. Pursuant to the bylaws, “The Harnett County Board of Adjustment shall consist of five members and six alternates. All Board of Adjustment members and alternates shall be residents of Harnett County. Each County Commissioner District shall have at least one representative (Member or Alternate) whenever possible and except to the extent otherwise required by law, on the Board of Adjustment.” Mr. Jamey Sharlow would like to resign from this Board. He is relocating making him ineligible to continue to serve. We have received an application from Carolyn Williams. She would like to be considered for appointment. She resides in District 1. If appointed, the appointment would be for an alternate member. (Application attached) We have received an application from Robert Cole. He would like to be considered for appointment. He resides in District 4. If appointed, the appointment would be for an alternate member. (Application attached) We have received an application from Chantel Paoni. She would like to be considered for appointment. She resides in District 4. If appointed, the appointment would be for an alternate member. (Application attached) We have received an application from R.H. Byrd, Jr. He would like to be considered for appointment. He resides in District 1. If appointed, the appointment would be for an alternate member. (Application attached) We have received an application from Markita McCrimmon. She would like to be considered for appointment. She resides in District 5. If appointed, the appointment would be for an alternate member. (Application attached) HARNETT COUNTY PLANNING BOARD We have one (1) alternate member vacancy. Pursuant to the bylaws, “The Harnett County Planning Board (the “Planning Board”) shall consist of five regular members and two alternates, for a total of seven members….Each commissioner district should be represented on the Planning Board by a regular member. Membership should be distributed throughout the Item 12 011425 ws Pg. 75 County in as much as is practical. Alternates shall be designated as Alternate #1 and Alternate #2 and shall, when feasible, rotate service on the Planning Board.” We have received an application from Donna Wood. She would like to be considered for reappointment. She currently serves as the District 5 member. (Application attached) We have received an application from Catherine Evans. She would like to be considered for appointment as an alternate member. She resides in District 4. (Application attached) We have received an application from Laura Penny. She would like to be considered for appointment as an alternate member. She resides in District 3. (Application attached) We have received an application from Timothy Adams. He would like to be considered for appointment as an alternate member. He resides is District 4. (Application attached) BOARD OF EQUALIZATION AND REVIEW This board is statutorily authorized, and the Resolution adopted on March 1, 2021 requires the board shall consist of seven members. We have received an application from William Dan Andrews. He would like to be considered for reappointment. He serves as the district 4 member and his term expires February 28, 2025. (Application attached) We have received an application from Douglas Godwin. He would like to be considered for reappointment. He serves as the at large member and his term expires March 31, 2025. (Application attached) TOWN OF ANGIER The Town of Angier requests approval of Lee Marshall and Eric Julien’s reappointment for a two-year term to serve as the ETJ member on both the Angier Planning Board and Board of Adjustment. Term will expire December 31, 2026. (Applications attached) GOOD HOPE BOARD The Good Hope Board requests approval of Becky Wise’s appointment to serve as the Harnett County DSS representative. 011425 ws Pg. 76 011425 ws Pg. 77 011425 ws Pg. 78 011425 ws Pg. 79 011425 ws Pg. 80 011425 ws Pg. 81 011425 ws Pg. 82 011425 ws Pg. 83 011425 ws Pg. 84 011425 ws Pg. 85 011425 ws Pg. 86 011425 ws Pg. 87 011425 ws Pg. 88 011425 ws Pg. 89 011425 ws Pg. 90 011425 ws Pg. 91 011425 ws Pg. 92 011425 ws Pg. 93 011425 ws Pg. 94 011425 ws Pg. 95 011425 ws Pg. 96 011425 ws Pg. 97 011425 ws Pg. 98 011425 ws Pg. 99 011425 ws Pg. 100 011425 ws Pg. 101 011425 ws Pg. 102