DOC1312729301.pdf

Procure-to-Pay

3835 Holdrege Street | Lincoln, NE 68583-0742 | 402.472.2126 nebraska.edu/p2p

University of Nebraska Contract Summary

CONTRACTOR/COMPANY INFORMATION

Supplier Lied Lodge Contact Name and Email

Brenda McIntosh BMcIntosh@arbordayfarm.or g

REQUESTING DEPARTMENT

Participating Campuses and Admin Unit/Dept.

UNO

Primary Contact Name and Email

Kevin Clouther

Secondary Contact Name and Email

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

Since 2005, the MFA in Writing has held ten-day residencies at the Lied Lodge in July and December/January. Students receive three credits for completing these residencies.

For July 2024, the faculty bill was $35,712.70; the student bill was $92,868.

The faculty bill is paid by the MFAW state account; the student bill is paid through trip fees attached to enrollment in the residency. The actual cost will depend on student enrollment, participating faculty, etc.

Total Amount of Spend $128,581 Start Date

12/26/2025 End Date

1/5/2026

BID INFORMATION

Bid Number N/A

Competitive Review Findings

NCPD Approved

Contract Information N/A

INTERNAL USE ONLY

CW20512

MFA Summer/Winter 2025 Booking Confirmation Organization: T h e B o a r d o f R e g e n t s o f t h e University of Nebraska MFA in Writing MFAW UNO MFAW

Group Name: UNO MFAW Summer 2025/Winter 2025 College of Fine Arts WFAB 221 Omaha, NE 68182

Sales Contact: Brenda McIntosh / EDU Phone: 402-873-8758 E-Mail: bmcintosh@arbordayfarm.org

Contract Date: August 29, 2024

Contact: Mr. Kevin Clouther Phone: 402-554-5987

Fax:

Email: kclouther@unomaha.edu

Group Arrival: July 17, 2025/ December 26, 2025 Group Departure: July 27, 2025/ January 5, 2026

OVERNIGHT ACCOMMODATIONS:

Room Type Thursday Friday Saturday Sunday Monday

07-17-25 07-18-25 07-19-25 07-20-25 07-21-25

Student Block 1 50 50 50 50

Faculty Block 2 20 20 20 20

Total 3 70 70 70 70

Room Type Tuesday Wednesday Thursday Friday Saturday

07-22-25 07-23-25 07-24-25 07-25-25 07-26-25

Student Block 50 50 50 50 50

Faculty Block 20 20 20 20 20

Total 70 70 70 70 70

Reservation Booking Method: Rooming List Reservations Must Be Booked By: June 18, 2025 Room check-in time is 4:00 p.m. and check-out time is 11:00 a.m. Rooms occupied beyond check-out time are subject to the day rate until 2:00 p.m., after which the full rate will apply.

Rooming List Cutoff date: The block of rooms will be held until June 18th, 2025, after which any unreserved rooms will be released and made available for general sale. Reservation requests received after this cutoff date will be accepted and confirmed upon availability. The attrition policy as stated in the additional terms and conditions will still apply.

EVENT SCHEDULE:

Date Event Setup Style Att.

07-17-25 Overnight Accommodations As Is 3

Dinner Restaurant 2

07-18-25 Breakfast Restaurant 2

Lunch Restaurant 3

Break-Out Hollow Square 2

Break-Out / Bookstore Hollow Square 12

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out/Hospitality Hollow Square 12 mailto:bmcintosh@arbordayfarm.org mailto:kclouther@unomaha.edu

Registration As Is 2

Meeting Special Setup 2

Private Dinner As Is 72

07-19-25 Continuous Beverage Service As Is 72

Break-Out Hollow Square 12

Break-Out / Bookstore Hollow Square 12

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out/Hospitality Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Private Dinner As Is 72

07-20-25 Continuous Beverage Service As Is 72

Break-Out Hollow Square 12

Break-Out/Hospitality Special Setup 12

Break-Out / Bookstore Special Setup 12

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Private Dinner As Is 72

07-21-25 Continuous Beverage Service As Is 72

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out / Bookstore Special Setup 12

Break-Out/Hospitality Hollow Square 8

Break-Out Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Private Dinner As Is 72

07-22-25 Continuous Beverage Service As Is 72

Break-Out Hollow Square 12

Consultation Room Conference Style 2

Break-Out / Bookstore Special Setup 12

Break-Out Hollow Square 12

Break-Out/Hospitality Hollow Square 12

Break-Out Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Private Dinner As is 72

07-23-25 Continuous Beverage Service As Is 72

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out/Hospitality Hollow Square 12

Break-Out / Bookstore Hollow Square 12

Break-Out Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Private Dinner As Is 72

07-24-25 Continuous Beverage Service As Is 70

Consultation Room Conference Style 2

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out / Bookstore Special Setup 12

Break-Out/Hospitality Hollow Square 12

Break-Out Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Private Dinner As Is 72

07-25-25 Continuous Beverage Service As Is 72

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out / Bookstore Special Setup 12

Break-Out/Hospitality Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Private Dinner As Is 72

07-26-25 Continuous Beverage Service As Is 72

Break-Out / Bookstore Special Setup 12

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out/Hospitality Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Graduation Ceremony Special Setup 72

Private Dinner & Social Time Rounds of 8 72

07-27-25 Breakfast in Timbers Faculty/Students on Own 20

For the duration of all events, group will have the Boardroom available for consultation

***All Space on 24 Hour Hold*** GUEST ARE ON THEIR OWN FOR BREAKFAST. IN ORDER TO DINE IN TIMBERS, GUEST MUST MAKE RESERVATIONS

PRICING:

FRIENDS AND FAMILY GUEST ROOM RATE:

$135.00 per person single occupancy with a maximum of 10 guest rooms.

COMPLETE MEETING PACKAGE (CONFERENCE SERVICES, RENTAL, AND AV COMPLIMENTARY)

$182.00+ ($195.25 inclusive of service charge) per person single occupancy

$118.00+ ($131.25 inclusive of service charge) per person double occupancy includes:

Friday, July 18, Overnight accommodations, Private Chef’s Choice Dinner, evening meeting space with standard audio-visual equipment, five breakout rooms, continuous beverage service, and conference services.

COMPLETE MEETING PACKAGE

$219.00 + ($239.50 inclusive of service charge) per person single occupancy

$155.00+ ($175.50 inclusive of service charge) per person double occupancy includes:

Saturday, July 19 – Thursday, July 24: Overnight accommodations, Chef’s Choice private lunch, dinner, meeting space with standard audio-visual equipment, five break out room, continuous beverage service and conference services.

$208.00+ ($227.75 inclusive of service charge) per person single occupancy

$144.00+ ($163.75 inclusive of service charge) per person double occupancy

Friday, July 25–Saturday, July 26: Overnight accommodation, chefs’ choice private lunch, dinner, meeting space with standard audio-visual equipment, five breakout rooms, continuous beverage service, and conference services.

FRIENDS & FAMILY GRADUATION DINNER

$40.00 plus 25% service charge per person.

SPECIAL NOTES and ADDITIONAL PRICING INFORMATION:

• $15.00 plus tax per night spouse guest room fee if staying with attendee.

• One complimentary room per night for scholarship recipient- credit on final invoice; recipient assigned by UNO.

• UNO Leadership may make special requests for guest room assignments during the rooming list process.

• Lied Lodge will do our best to provide requested guest room locations, however, cannot be guaranteed.

• Shuttle to Eppley is $50 per person per trip (Discounted from $85)

• Faculty breakfast is not included; final guarantees required.

OVERNIGHT ACCOMMODATIONS:

Room Type Friday Saturday Sunday Monday Tuesday

12-26-25 12-27-25 12-28-25 12-29-25 12-30-25

Student Block 1 50 50 50 50

Faculty Block 2 20 20 20 20

Total 3 70 70 70 70

Room Type Wednesday Thursday Friday Saturday Sunday

12-31-25 1-1-26 1-2-26 1-3-26 1-4-26

Student Block 50 50 50 50 50

Faculty Block 20 20 20 20 20

Total 70 70 70 70 70

Reservation Booking Method: Rooming List Reservations Must Be Booked By: November 27, 2025 Room check-in time is 4:00 p.m. and check-out time is 11:00 a.m. Rooms occupied beyond check-out time are subject to the day rate until 2:00 p.m., after which the full rate will apply.

Rooming List Cutoff date: The block of rooms will be held until November 27, 2025, after which any unreserved rooms will be released and made available for general sale. Reservation requests received after this cutoff date will be accepted and confirmed upon availability. The attrition policy as stated in the additional terms and conditions will still apply.

EVENT SCHEDULE:

Date Event Setup Style Att.

12-26-25 Overnight Accommodations As Is 3

Dinner Restaurant 2

12-27-25 Breakfast Restaurant 2

Lunch Restaurant 3

Break-Out Hollow Square 2

Break-Out / Bookstore Hollow Square 12

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out/Hospitality Hollow Square 12

Registration As Is 2

Meeting Special Setup 72

Private Dinner As Is 72

12-28-25 Continuous Beverage Service As Is 72

Break-Out Hollow Square 12

Break-Out / Bookstore Hollow Square 12

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out/Hospitality Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Private Dinner As Is 72

12-29-25 Continuous Beverage Service As Is 72

Break-Out Hollow Square 12

Break-Out/Hospitality Special Setup 12

Break-Out / Bookstore Special Setup 12

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Private Dinner As Is 72

12-30-25 Continuous Beverage Service As Is 72

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out / Bookstore Special Setup 12

Break-Out/Hospitality Hollow Square 8

Break-Out Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Private Dinner As Is 72

12-31-25 Continuous Beverage Service As Is 72

Break-Out Hollow Square 12

Consultation Room Conference Style 2

Break-Out / Bookstore Special Setup 12

Break-Out Hollow Square 12

Break-Out/Hospitality Hollow Square 12

Break-Out Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Private Dinner Special Setup 72

1-1-26 Continuous Beverage Service As Is 72

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out/Hospitality Hollow Square 12

Break-Out / Bookstore Hollow Square 12

Break-Out Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Private Dinner As Is 72

1-2-26 Continuous Beverage Service As Is 72

Consultation Room Conference Style 2

Break-Out / Bookstore Special Setup 12

Break-Out/Hospitality Hollow Square 12

Break-Out Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Private Dinner As Is 72

1-3-26 Continuous Beverage Service As Is 72

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out / Bookstore Special Setup 12

Break-Out/Hospitality Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Private Dinner As Is 72

1-4-26 Continuous Beverage Service As Is 72

Break-Out / Bookstore Special Setup 12

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out Hollow Square 12

Break-Out/Hospitality Hollow Square 12

Meeting Special Setup 72

Private Lunch As Is 72

Graduation Ceremony Special Setup 72

Private Dinner & Social Time Rounds of 8 72

1-5-26 Breakfast in Timbers Faculty/Students on Own 20

For the duration of all events, group will have the Boardroom available for consultation ***All Space on 24 Hour Hold***

GUEST ARE ON THEIR OWN FOR BREAKFAST. IN ORDER TO DINE IN TIMBERS, GUEST MUST MAKE RESERVATIONS

PRICING:

FRIENDS AND FAMILY GUEST ROOM RATE:

$135.00 per person single occupancy with a maximum of 10 guest rooms.

$182.00+ ($195.25 inclusive of service charge) per person single occupancy

$118.00+ ($131.25 inclusive of service charge) per person double occupancy includes:

Saturday, December 27, Overnight accommodations, Private Chef’s Choice Dinner, evening meeting space with standard audio-visual equipment, five breakout rooms, continuous beverage service, and conference services.

COMPLETE MEETING PACKAGE

$219.00 + ($239.50 inclusive of service charge) per person single occupancy

$155.00+ ($175.50 inclusive of service charge) per person double occupancy includes:

Sunday, December 28 – Friday, January 2: Overnight accommodations, Chef’s Choice private lunch, dinner, meeting space with standard audio-visual equipment, five break out room, continuous beverage service and conference services.

$208.00+ ($227.75 inclusive of service charge) per person single occupancy

$144.00+ ($163.75 inclusive of service charge) per person double occupancy

Saturday, January 3 –Sunday, January 4: Overnight accommodation, chefs’ choice private lunch, dinner, meeting space with standard audio-visual equipment, five breakout rooms, continuous beverage service, and conference services.

FRIENDS & FAMILY GRADUATION DINNER

$40.00 plus 25% service charge per person.

SPECIAL NOTES and ADDITIONAL PRICING INFORMATION:

• $15.00 plus tax per night spouse guest room fee if staying with attendee

• One complimentary room per night for scholarship recipient- credit on final invoice; recipient assigned by UNO

• UNO Leadership may make special requests for guest room assignments during the rooming list process.

• Lied Lodge will do our best to provide requested guest room locations, however, cannot be guaranteed.

• Shuttle to Eppley is $50 per person per trip (Discounted from $85)

• Faculty breakfast is not included; final guarantees required.

TAX EXEMPTION STATUS: Group is NE state tax exempt with validation of current paperwork.

DEPOSIT: WAIVED

METHOD OF PAYMENT:

Organization pays Guest Rooms, Meeting Packages, Faculty breakfasts, and faculty shuttle; (first night dinner and first morning breakfast & lunch for planner and student assistant) to be direct billed.

Organization is tax exempt with completion and approval of Nebraska Exemption Form 13.

Individual pays incidental expenses, friends and family rooms and spouse guest room fee.

IF YOU ARE IN AGREEMENT WITH THE ABOVE ARRANGEMENTS, PLEASE SIGN THE CONTRACT AND RETURN ITTO LIED BY SEPTEMBER 18, 2024. WHEN RECEIVED, YOUR RESERVATION WILL BE HELD ON A DEFINITE BASIS. THANK YOU FOR THE

OPPORTUNITY TO SERVE YOU.

ADDITIONAL TERMS AND CONDITIONS

To help us ensure the success of your event, we ask you to be aware of the following:

BANQUET GUARANTEES: Banquet menus, conference room arrangements and other details pertaining to your function must be submitted to your Conference Planning Manager at least (30) days prior to your function date. A final guaranteed count on food functions is due no later than (72) business hours prior to the arrival of your group. This guarantee represents the minimum guest count for billing purposes and may not be reduced. All groups will be charged based on the greater of the guaranteed number or actual number of people attending. Without a guarantee, the number indicated on this original Contract will be considered the correct and guaranteed number of guests. PLEASE NOTE: All food and beverage must be purchased through Lied Lodge & Conference Center and food not consumed at Lied Lodge may not be removed from the area.

BEVERAGE SERVICE: Lied Lodge & Conference Center offers a complete selection of beverages to complement your function. Please note that alcoholic beverage sales and service are regulated by the State of Nebraska and Lied Lodge & Conference Center, as a licensee, must follow these regulations. Therefore, ALL liquor, wine or beer served on Lied Lodge & Conference Center (including Arbor Day Farm and Steinhart Lodge) premises must be provided by Lied Lodge and dispensed by our staff.

PRICES: Meal prices are subject to change up to (90) days prior to your function date. All food, beverage, audio visual equipment, room rental prices quoted are subject to applicable service charge and sales tax. In Nebraska, the service charge is taxable. Sales and lodging taxes are applied to guest rooms. Service charge and taxes are subject to change without notice.

CONFERENCE ROOMS: Conference rooms are assigned based on the guaranteed maximum number of people anticipated. Room rental fees may be applicable. We reserve the right to change groups to a room suitable for the attendance if an increase or decrease in guaranteed numbers is experienced. Specific conference rooms may be requested but cannot be guaranteed.

RESET FEES: Room set-up changes made less than 24 hours before the function may result in an additional set-up charge. If more than one meeting room set configuration is utilized within a 24-hour period, additional meeting room fees may apply.

ACCOUNT PAYMENT ARRANGEMENTS: In order for us to evaluate your request for Direct Billing, please complete the Method of Payment Form and return it with your signed copy of this Booking Confirmation. We are not able to consider your program definite unless the Direct Bill Application is received with your contract and approved by our Credit Department. Our credit terms ar e Net

(14) due upon receipt of invoice. Billing is considered past due at (30) days with interest charged at 2% per month on any outstanding balance. In addition, please complete the enclosed Credit Card Agreement for guarantee purposes only.

RESERVATION PROCEDURE: Rooming Lists may be sent to your Sales Manager by the cutoff date noted on the Booking Confirmation. If you are not able to provide a rooming list before the cutoff date noted but would like Lied Lodge to continue holding your block of rooms, a payment guarantee will be required for all rooms for the entire length of stay. Please indicate which guests will be sharing a guest room (if applicable). A blank rooming list is enclosed for your convenience. Any guaranteed reservations not canceled 72 hours prior to arrival will be charged a cancellation fee. Please advise your group members.

ACCOMMODATIONS: Room check-in time is 4:00 p.m. and check-out time is 11:00 a.m. Rooms occupied beyond check-out time are subject to the day rate until 2:00 p.m., after which the full rate will apply.

COMMISSION: The rates noted are not eligible for commission.

PROGRAM ATTRITION: The pricing for your program has been negotiated based on the dates, number of guest rooms and function requirements, as specified in this agreement. In order to qualify for the outlined group rates, you must maintain a minimum of 70% of the number of rooms, meetings and meals originally blocked. Should your group fall short of this commitment, Lied Lodge reserves the right to charge an attrition fee. This fee will be calculated as the difference between 70% of the value of the originally blocked rooms, meetings and meals and the amount actually generated by the program.

CANCELLATION OF PROGRAM: This program will be considered definite upon the signing and dating of this Booking Confirmation.

Lied Lodge will protect your guest room block and function space to the exclusion of all other business opportunities. Any cancellations must be received in writing by the Sales Department during business hours. Cancellation of these scheduled dates will be subject to the following assessment.

121+ Days No Charge

61 - 120 Days 25% of Estimated Room Charges, Meeting and Food & Beverage Costs for the duration of the dates agreed upon

31 - 60 Days 50% of Estimated Room Charges, Meeting and Food & Beverage Costs for the duration of the dates agreed upon

30 days or less 100% of Estimated Room Charges, Meeting and Food & Beverage Costs for the duration of the dates agreed upon

FORCE MAJEURE: The performance of this agreement by either party is subject to force majeure, including but not limited to ac ts of God, war, acts of terrorism, government regulation, legislation, or statement of policy which limits, prohibit or suggest curtailment of transportation facilities; recognized health threats as determined by the World Health Organization (WHO), the Centers for Disease Control (CDC), or health agencies (including health threats of COVID-19); or other conditions beyond the control of the parties, where any of the foregoing makes it illegal, impossible, inadvisable or commercially impracticable to hold this event or to fully perform the terms of this agreement. This agreement may be terminated for any one or more of such reasons by written notice from one party to the other without any liability, except to pay for services already received; provided, however, the parties shall make commercially reasonable efforts to reschedule the event to a mutually acceptable time.

TENTATIVE HOLD: The dates, space, and rates outlined in this contract/agreement are being tentatively held for the UNO MFAW SUMMER 2025/Winter 2025 until September 18, 2024. After this date, if another organization requests these dates and space, and is in a position to confirm immediately before our receipt of your signed contract/agreement, we will contact you for a definite decision. You will have 24 hours from the time of our call to approve or release these dates or space. If you cannot confirm within 24 hours, then all dates and space will be held on a second option basis and alternate first option dates and space will be discussed with you.

This agreement constitutes the entire contractual agreement between the parties. This agreement may not be modified except by written agreement executed by both parties. The foregoing requirements are accurate to the best of our knowledge. Please sign and return a copy of this Confirmation, the Direct Bill Application, and the completed Credit Card Authorization form. If we have not received a signed agreement, Lied Lodge has the right to re-evaluate all terms and conditions of this Booking Confirmation.

YOUR SIGNATURE BELOW INDICATES YOUR UNDERSTANDING AND APPROVAL OF THE PRECEDING POLICIES AND

ARRANGEMENTS. PLEASE SIGN AND RETURN.

Name of Company and Individual Responsible (please print) Date

Signature of Individual

Signature of Hotel Representative

10/11/24 | 10:15 CDTJessie Combs

{00052178.DOCX; 4}

University of Nebraska Legal and Policy Compliance Addendum

This University of Nebraska Legal and Policy Compliance Addendum (the “Addendum”) to the Lied Lodge

Agreement (the “Agreement”) is made and entered as of the date of the last signature set forth below between the Board of Regents of the University of Nebraska a public body corporate by and on behalf of the University of Nebraska (“University”), which is composed of a chief governing administrative unit

(University of Nebraska System), four universities (University of Nebraska at Kearney, University of

Nebraska-Lincoln, University of Nebraska Medical Center, and University of Nebraska at Omaha), and such other institutions and units as may be designated by the Nebraska Legislature (each a “Campus” and collectively the “Campuses”), and Lied Lodge (“Supplier”).

RECITALS

A. University desires to enter the Agreement with Supplier.

B. The Agreement is in the form provided by Supplier, which the parties are using for their mutual convenience without the necessity of specifically negotiating a separate contract document.

C. The Agreement is, with the exceptions noted in this Addendum, acceptable to University.

D. Certain clauses in the Agreement cannot be accepted by University as a matter of law and policy of the State of Nebraska and University.

E. Supplier is willing to modify the Agreement as set forth in this Addendum.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants set forth in the Agreement and herein and the above recitals, which are incorporated into this Addendum by this reference, the parties agree as follows:

1. Incorporation and Priority of Terms. The Agreement is amended as stated herein and this

Addendum is incorporated into the Agreement by this reference. In the event of a conflict between the terms of this Addendum and the Agreement, the terms of this Addendum shall prevail.

2. Assignment. The Agreement is non-assignable and non-transferrable unless agreed to in writing by the parties. Any attempt by either party to assign its rights or obligations hereunder shall be void.

3. Governing Law and Forum. The Agreement shall be governed by the laws of the State of

Nebraska without giving effect to its conflicts of law provisions. Any legal actions brought by either party hereunder shall be in the state or federal courts located in Lancaster County, Nebraska. It is understood and agreed that any legal action by Supplier in relation to the Agreement may only be instituted in accordance with the provisions of the State Contract Claims Act (Neb. Rev. Stat. §§ 81-8,302 to 81-8,306), as amended.

4. Liability. To the fullest extent allowed by law, Supplier shall defend, indemnify, and hold harmless

University, its regents, officers, employees, agents, and students for any loss, claim, damage, expense, or liability of any kind arising out of or in connection with the performance or nonperformance by Supplier and its officers, employees, agents, and subcontractors.

5. Work Status Verification. Supplier and its subcontractors shall use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska pursuant to Neb. Rev. Stat. §§ 4-108 to 4-114, as amended.

6. Debarment List. Supplier certifies and warrants that it has not been debarred, suspended, or declared ineligible as defined in the Federal Acquisition Regulation 48 CFR Ch.1 Subpart 9.4. Supplier also certifies that Supplier, its partners, directors, officers, employees, licensees, subcontractors, or agents have not been excluded or debarred or otherwise become ineligible to participate in Federal health care programs pursuant to 42 USC § 1320a-7. This shall be an ongoing certification and warranty during the term of the

Agreement and Supplier shall immediately notify University of any change in the status of the certification and warranty set forth in this section. If Supplier becomes excluded from Federal health care program participation or placed on the Consolidated List of Debarred, Suspended, and Ineligible Contractors, the

Agreement may be terminated immediately, for cause, by University. If any partners, directors, officers, employees, licensees, subcontractors, personnel, or agents of Supplier become excluded from Federal health care program participation, such individual shall be removed from participating in the Agreement immediately. Failure by Supplier to remove such excluded individual immediately shall provide University the right to terminate the Agreement immediately for cause.

7. Taxpayer Transparency Act. Pursuant to Nebraska’s Taxpayer Transparency Act (Neb. Rev.

Stat. § 84-602.01), as may be amended), University is required to provide the Nebraska Department of

Administrative Services with a copy of each contract that is a basis for an expenditure of state funds, including any amendments and documents incorporated by reference in the contract. Copies of all such contracts and documents will be published by the Nebraska Department of Administrative Services at https://statecontracts.nebraska.gov/. It shall be the sole responsibility of the Supplier to notify University of any requested redactions to such contracts and documents under Neb. Rev. Stat. § 84-712.05(3) at the time of execution. In addition, Supplier agrees to defend any challenge to such redactions at its own expense.

8. Equal Opportunity (intentionally bolded). Supplier shall comply with 41 CFR §§ 60-1.4(a), 60-

300.5(a), and 60-741.5(a), which are incorporated by reference with the following statement: “This

Contractor and subcontractor shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and

60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, national origin or for inquiring about, discussing, or disclosing compensation. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status.”

9. Nondiscrimination. Supplier agrees that neither it nor any of its subcontractors shall discriminate against any employee, or applicant for employment to be employed in the performance of the Agreement, with respect to hire, tenure, terms, conditions, or privilege of employment because of the race, color, religion, sex, disability, or national origin of the employee or applicant in accordance with the Nebraska Fair

Employment Practice Act, Neb. Rev. Stat. § 48-1122, as amended.

10. Logos or University Marks. The Supplier shall not use or display any University campus name, logo, trademark, service mark (individually a “Mark” and collectively the “Marks”) and/or other indicia designated by University as a source identifier, unless expressly authorized in writing by University. Any unauthorized use of University Marks is expressly prohibited. Supplier agrees it will not use University’s name in any manner that acts as an endorsement or is an appearance of any endorsement in any promotion, advertisement, solicitation, or other communication, especially as it relates to Supplier’s business.

11. Right to Audit Privilege. University reserves the right to audit or inspect work performed by the

Supplier under the Agreement. University may participate directly or through an appointed representative in order to verify that the services related to the Agreement have been performed in accordance with the procedures indicated.

12. Purchase Order Requirement. A purchase order shall be issued by University to Supplier for payment in accordance with the terms of the Agreement. All invoice(s) submitted by Supplier shall make reference to the appropriate purchase order number to be eligible for payment.

13. Conflict of Interest. No article or service shall be purchased from any University faculty or staff member without prior approval by the Vice Chancellor of Business and Finance and any such approved purchase shall comply fully with the requirements of the conflict of interest provisions of the Nebraska

Political Accountability and Disclosure Act, Neb. Rev. Stat. §§ 49-1493 through 49-14,104. Supplier certifies, to the best of its knowledge and belief, that there are no potential organizational conflicts of interest related to the Agreement. If Supplier cannot so certify, it shall provide to University a disclosure statement that describes all relevant information concerning any potential conflict of interest under the Agreement. In the event the potential conflict of interest cannot be resolved, University may declare the Agreement void and of no further force or effect and University shall have no further obligations under the Agreement.

14. Compliance. Supplier and its employees and agents will comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority, as well as applicable

University policies.

15. Insurance. The Supplier shall at its own expense obtain and maintain throughout the term of the

Agreement general commercial liability insurance against claims for bodily injury, death, and property damage with limits of not less than one million dollars ($1,000,000) per occurrence, and three million dollars

($3,000,000) general aggregate to cover such liability caused by, or arising out of, activities of the Supplier and its agents and/or employees while engaged in or preparing for the provision of the goods or services provided under the Agreement. If the goods or services include providing technology services, software, or support, Supplier shall obtain and maintain cyber liability insurance coverage of not less than ten million dollars ($10,000,000) per occurrence and in the aggregate to cover such liability resulting or arising from acts, errors, or omissions in rendering such technology services, software, or support. Upon request by

University, the Supplier shall furnish to University certificates of insurance evidencing such insurance is effective prior to commencement of work under the Agreement. By requiring such minimum insurance, University shall not be deemed or construed to have assessed the risk or limited the liability that may be applicable to Supplier under this Agreement. Supplier shall assess its own risks and, if it deems appropriate, maintain higher limits or broader coverages. Supplier further agrees, upon request, to include University as an additional insured on its general liability insurance policy on a primary and non-contributory basis.

Supplier is not relieved of any liability or other obligations assumed or pursuant to the Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.

16. Notice. Any notice to either party hereunder shall be in writing and shall be served either personally, by email (to the extent an email address is set forth below), or by registered or certified mail. All such notices shall be effective when received and shall be addressed to the following individuals at the following addresses:

To the Supplier:

Name:

Address:

City, State, Zip:

Email:

Phone:

To the University:

Name:

Address:

City, State, Zip:

Email:

Phone:

17. Unavailability of Funding. Due to possible future reductions in State and/or Federal funds, University cannot guarantee the continued availability of funding of the Agreement notwithstanding the consideration contained within the Agreement. In the event funds to finance the Agreement become unavailable, either in full or in part, due to such reductions, University may terminate the Agreement or reduce the consideration upon notice in writing to Supplier. Said notice shall be delivered by certified mail

(return receipt requested) or in person (with proof of delivery). University shall be the final authority as to the availability of funds. The effective date of such termination or reduction in consideration shall be the actual effective date of the elimination or reduction of funding. In the event of a reduction in consideration, Supplier may cancel the Agreement as of the effective date of the proposed reduction upon the provision of advance written notice to University. Supplier shall be entitled to receive just and equitable compensation for any satisfactory work performed up to the date of the notice of termination. In the event of unavailability of funding, University shall not be liable for any penalty, expense, or liability, or for general, special, incidental, consequential, or other damages resulting therefrom.

18. Unenforceability of Certain Terms. Notwithstanding any provision of the Agreement to the contrary, any of the following terms within the Agreement shall have no effect and shall not be enforceable:

a. Any term automatically continuing the Agreement period from term to term;

b. Any term requiring or stating that the terms of the Agreement shall prevail over the terms of this

Addendum in the event of conflict;

c. Any term requiring University (or any University employee acting in the course and scope of employment) to indemnify or to hold harmless Supplier for any act or omission;

d. Any term requiring University to add Supplier as an additional insured;

e. Any term imposing interest charges contrary to those allowed by Neb. Rev. St. § 81-2404;

f. Any term requiring the application of the law of any state other than the State of Nebraska in interpreting or enforcing the Agreement or requiring or permitting that any dispute under the contract be resolved in the courts of any state other than the State of Nebraska;

g. Any term limiting or adding to the time period within which claims can be made or actions can be brought;

h. Any term waiving the sovereign immunity of the State of Nebraska;

i. Any term limiting Supplier’s liability for damages to University (or any University employee acting in the course and scope of employment) for any cause whatsoever related to: (i) intellectual property indemnity required by the Agreement; (ii) liquidated damages assessed under the Agreement; (iii) claims for personal injury, including death; (iv) claims for damage to real property or tangible or intangible property arising from Supplier’s acts or omissions under the Agreement; (v) any loss or claim to the extent the loss or claim is covered by a policy of insurance maintained, or required by the Agreement or this Addendum to be maintained, by Supplier; and (vi) damages arising from the gross negligence or willful misconduct of

Supplier, its employees, its subcontractors, or its agents;

j. Any term permitting unilateral modification of the Agreement by Supplier;

k. Any term obligating University to pay attorneys’ fees;

l. Any term requiring the confidentiality of records in contravention of the Nebraska public records statutes, Neb. Rev. Stat. §§ 84-712 through 84-712.09;

m. Any term binding University (or any University employee acting in the course and scope of employment) to any method of resolution of disputes under the Agreement not instituted in accordance with the provisions of Neb. Rev. Stat. §§ 81-8,302 to 81-8,306;

n. Any term requiring any University employee acting in the course and scope of employment to guarantee performance or any obligation under the Agreement;

o. Any term granting Supplier a security interest in property of University; or

p. Any term granting control of litigation or settlement to Supplier or any third party.

IN WITNESS WHEREOF, the parties have entered into this Addendum as of the date set forth below.

University Department Approval (if applicable)

Signature:

Printed Name:

Date:

Title:

Board of Regents of the University of Nebraska

Signature:

Printed Name:

Date:

Title:

Supplier

Signature:

Printed Name:

Date:

Title:

I affirm that if I am an employee of the University of Nebraska, I have notified the University of my status as an employee and that this contract must be completed in accordance with Board of Regents Policy 6.2.1.16, Purchases Involving University Personnel.

Sales Manager

09/24/24 | 12:37 PDT

Brenda McIntosh

Jessie Combs

Asst Vice Chancellor and Controller, Business and Finance

10/11/24 | 10:15 CDT

University of Nebraska Non-Competitive Purchase Documentation

Exception from Small Purchase or Competitive Bidding Procedures

University of Nebraska Board of Regents Policies (“RP”) require small purchase procedures for purchases exceeding the micro-purchase level and competitive bidding for purchases exceeding $150,000. RP-6.2.1.10(f) provides certain exceptions. This documentation is to be completed for small purchases where quotations are not obtained or purchases exceeding $150,000 that are not competitively bid.

REQUESTOR NAME: REQUESTOR SIGNATURE:

REQUESTOR EMAIL: Non conflict statement: In accordance with RP-6.2.1.16, by signing above, you affirm that you have no conflict of interest in the selection of this supplier, nor will you receive a personal or financial benefit from this purchase.

IS THIS REQUEST RELATED TO A CONTRACT? NO YES

A. IS THIS REQUEST A CHANGE/AMENDMENT TO AN ACTIVE CONTRACT? YES NO

i. PREVIOUS DOLLAR VALUE OF THE CONTRACT, INCLUDING RENEWALS $

ii. DOLLAR VALUE OF THE CONTRACT CHANGE/AMENDMENT $

TOTAL DOLLAR VALUE OF PURCHASE *

*ADD sections A. i. + ii. to get TOTAL if change/amendment

Please check the category below that applies to the purchase:

Purchase of unique (including matching existing equipment or software) or non-competitive articles or services (e.g., sole source). Without limiting the generality of the foregoing sentence, examples of unique or non-competitive articles and services are public utility services, regulated central office telephone services, books, pamphlets and periodicals, and specially designed business, research or scientific equipment and related software. See RP- 6.2.1.10(f)(1), -6.2.1.5(c) (requiring written justification for sole source purchases and approval of the same by the principal business officer) PROVIDE JUSTIFICATION WHY THE SUPPLIER IS THE ONLY SUPPLIER ABLE TO PROVIDE THE REQUESTED PRODUCT/SERVICE(S) AT THE

EXCLUSION OF ALL OTHERS:

(P2P to obtain) Chief Business Officer Signature: Date:

Contracts for professional services; provided, however, that any contract for architectural, engineering, land surveying or landscape architectural services shall be made in accordance with applicable law and Board of Regents policies requiring competitive negotiations for such services. RP- 6.2.1.5(c). Under RP-6.2.1.4(h), professional services mean and include (a) any type of service which requires a license or other legal authorization as a condition precedent to the rendering of the service, or (b) any other type of service commonly recognized as a professional service, including, but not limited to:

accounting and auditing computing insurance and risk management actuarial management travel agency services legal marketing Other (please specify):

personnel educational program planning or evaluation financial facilities planning or evaluation

Purchases necessary in emergency situations. RP-6.2.1.10(f)(3). Under RP-6.2.1.4(d) emergency means any situation where it is necessary that the University enter into a contract of purchase to (a) avoid the loss of life, health, safety, or property, (b) respond to time limits established by a person or agency external to the University, or (c) obtain cost savings for the University where the time constraints of competitive bidding would eliminate the cost savings.

Short Description of Emergency:

Contracts for maintenance or servicing of equipment with the manufacturer of the equipment or the manufacturer’s authorized service agent, where in the judgment of the principal business officer such maintenance or service can be most effectively performed by the manufacturer or its authorized service agent. RP-6.2.1.10(f)(4).

Contracts on capital construction projects (a) for the services of a construction manager who may or may not at the discretion of the University also be engaged on the project as the general contractor or (b) for the services of a design/build contractor who will be engaged on the project to furnish design services by a qualified architect or engineer and to provide general contractor services; provided, the contracts shall be awarded in accordance with Board of Regents Policy RP-6.3.7. RP-6.2.1.10(f)(5).

The Lied Lodge is the only hotel and conference center in the greater Omaha area with the room occupancy and meeting spaces to meet the MFA in Writing's needs.

Kevin Clouther kclouther@unomaha.edu

128581

Certificate Of Completion Envelope Id: 76DF4377FF7E468DB6EAA11D480A5EBC Status: Completed

Subject: CW20512 - COVER SHEET.docx

Source Envelope:

Document Pages: 16 Signatures: 4 Envelope Originator:

Certificate Pages: 5 Initials: 0 Anthony Taylor

AutoNav: Enabled

EnvelopeId Stamping: Disabled

Time Zone: (UTC-08:00) Pacific Time (US & Canada)

1400 R Street

LINCOLN, NE 68588

ataylor68@nebraska.edu

IP Address: 35.223.106.21

Record Tracking Status: Original

9/24/2024 2:30:50 PM

Holder: Anthony Taylor ataylor68@nebraska.edu

Location: DocuSign

Signer Events Signature Timestamp Brenda McIntosh

BMcIntosh@arbordayfarm.org

Sales Manager

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 208.82.104.166

Sent: 9/24/2024 2:33:39 PM

Viewed: 9/24/2024 2:36:26 PM

Signed: 9/24/2024 2:37:42 PM

Electronic Record and Signature Disclosure:

Accepted: 9/24/2024 2:36:26 PM ID: 85bad282-7b2c-4a2a-b0cc-467b0fe92d29

Jessie Combs jessiecombs@unomaha.edu

Asst Vice Chancellor and Controller, Business and

Finance

University of Nebraska Omaha

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 137.48.255.223

Sent: 10/11/2024 10:02:49 AM

Viewed: 10/11/2024 10:15:14 AM

Signed: 10/11/2024 10:15:30 AM

Electronic Record and Signature Disclosure:

Accepted: 9/22/2023 8:13:18 AM ID: 7bfc00a0-8ee4-4f8b-9359-287bb0c7617b

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp Kevin Clouther kclouther@unomaha.edu

University of Nebraska

Security Level: Email, Account Authentication (None)

Sent: 9/24/2024 2:33:38 PM

Viewed: 9/24/2024 2:34:16 PM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Carbon Copy Events Status Timestamp Kevin Clouther kclouther@unomaha.edu

University of Nebraska

Security Level: Email, Account Authentication (None)

Sent: 10/11/2024 10:15:33 AM

Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/24/2024 2:33:39 PM

Envelope Updated Security Checked 10/11/2024 10:02:49 AM

Certified Delivered Security Checked 10/11/2024 10:15:14 AM

Signing Complete Security Checked 10/11/2024 10:15:30 AM

Completed Security Checked 10/11/2024 10:15:33 AM

Payment Events Status Timestamps

Electronic Record and Signature Disclosure

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From time to time, NU Contracts+Ariba (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

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Getting paper copies

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind

If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically

Electronic Record and Signature Disclosure created on: 5/16/2023 6:53:28 PM Parties agreed to: Brenda McIntosh, Jessie Combs

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given

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You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: richard.horner@nebraska.edu

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To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at richard.horner@nebraska.edu and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

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To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to richard.horner@nebraska.edu and in the body of such request you must state your email…