DOC1583023649.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 CITY OF LINCOLN NEBRASKA

CITY PARKS & RECREATION

Contact Name and Email

Maggie Stuckey Ross MStuckey-Ross@lincoln.ne.gov

REQUESTING DEPARTMENT

Participating Campuses and Admin Unit/Dept.

UNL

Primary Contact Name and Email

Arunima Bhattacharya

ABHATTACHARYA3@UNL.EDU

Secondary Contact Name and Email

Sheryl May smay7@unl.edu

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

Golf course access for the Professional Golf Management program students

Purchase Category

Total Amount of Spend

$73,500.00 Start Date

08/18/2025 End Date

05/09/2026

BID INFORMATION

Bid Number NA

Competitive Review Findings

Non-Competitive Purchase Approved

Contract Information NA

INTERNAL USE ONLY

CW30545

{00048056.DOCX; 4} 1

AGREEMENT REGARDING UNL USE OF CITY GOLF COURSES

This Agreement (“Agreement”) is made and entered into on the dates provided below by and between the BOARD OF REGENTS OF THE UNIVERSITY OF NEBRASKA, a public body corporate and governing body of the University of Nebraska, by and on behalf of the University of Nebraska-Lincoln (“UNL”), and the CITY OF LINCOLN, NEBRASKA, a municipal corporation, on behalf of the Lincoln Parks and Recreation Department (“City”).

WHEREAS, the UNL provides educational and extracurricular activities for its college students in the City of Lincoln, including offering a PGA Golf Management Program (“PGM”).

WHEREAS, Lincoln Parks and Recreation Department is a department of the City of Lincoln that owns, provides, and maintains quality parks, including five (5) golf courses, namely Holmes Golf

Course, Pioneers Golf Course, Mahoney Golf Course, Highlands Golf Course, and Ager Golf Course

(collectively “Golf Courses”), with the 18-hole golf courses located generally in the four (4) quadrants of Lincoln, Lancaster County, Nebraska.

WHEREAS, UNL and City recognize the value of educating students in golf management as a lifetime career and recreation activity.

WHEREAS, the parties desire to enter into an agreement for the use of Golf Courses by PGM students.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed by the parties hereto as follows:

1. Purpose. The purpose of this Agreement is to create a one (1) year agreement between

UNL and City for PGM student use of the Golf Courses beginning August 18, 2025, covering that respective school year.

2. Term. This Agreement shall commence upon execution and will continue until May

9, 2026 or the end of the spring semester, whichever occurs first. This Agreement may be extended upon written agreement of both parties.

3. PGM Fees for Golf. UNL PGM program students shall have access to play rounds at the Golf Courses at any times on Monday through Friday, and after 1:00 p.m. on Saturday, Sunday, and Holidays. This access shall be for the following months: August (partial month), September, October, November, February, March, April, May (partial month). The cost for access shall be

$420.00 per student. At the beginning of each semester, City shall prepare an invoice for the number of students with access and then submit an invoice to the designated representative of the PGM at

UNL for payment. UNL shall pay the invoice to City within thirty (30) days. The parties estimate 175 students shall have access, with a per student cost at $420, which would total $73,500.00.

4. Right to Audit. City shall maintain documentation for all charges against UNL under this Agreement. The books, records and documents of the City, insofar as they relate to services performed or money received under this Agreement, shall be maintained for a period of three (3) full years from the date of the final payment, and shall be subject to audit, at any reasonable time and upon reasonable notice, by UNL or its duly appointed representatives. These records shall be maintained in accordance with generally accepted accounting principles.

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5. Condition of the Golf Courses. By this Agreement, the parties and PGM students accept the Golf Courses in their then current “as is” condition and acknowledges that the Golf Courses are in good and satisfactory condition. No representations have been made by City as to the condition of the Golf Courses. City is not in any way responsible for the personal property brought to the Golf

Courses and in no way assumes responsibility for any loss of property through fire, theft, pilferage, malicious mischief, or any other happening whatsoever. UNL and PGM students will promptly observe and comply with all applicable present and future laws, ordinances, requirements, orders, directions, codes, rules, and regulations of all federal, state, and local governmental authorities, including Directed Health Measures.

6. Liability and Insurance. Each party shall be responsible for its own acts and omissions and the results thereof and shall not be responsible for the acts or omissions of the other party and the results thereof. Each party agrees that it will assume all risk and liability to itself, its agents, or its employees for any injury to persons or property to the extent resulting in any manner from the conduct of its own operations and the operations of its agents or employees under this Agreement, and for any loss, cost, or damage to the extent caused thereby during the performance of this

Agreement. As of the date of this Agreement, each party is self-insured. Each party shall, upon request by the other party, furnish to other party evidence of such self-insurance. UNL’s self-insurance may be evidenced by a Statement of Self-Insurance Coverage.

Nothing in this Agreement shall extend the responsibility or liability of a party beyond that required by law, including the Nebraska State Miscellaneous Claims Act (Neb. Rev. Stat. §§ 81-8,294 to 81-

8,301), Nebraska State Tort Claims Act (Neb. Rev. Stat. §§ 81-8,209 to 81-8,239.11), Nebraska State

Contract Claims Act (Neb. Rev. Stat. §§ 81-8,302 to 81-8,306), and Nebraska Political Subdivisions

Tort Claims Act (Neb. Rev. Stat. §§ 13-901 to 13-928).

7. Relationship of Parties. None of the acts herein shall be deemed or construed to create the relationship of partnership, shared venture, or of any association between the parties, other than contractual relationships stated in this Agreement. The parties agree that each of them is acting on its own behalf and not as an employee, joint venturer, or partner of the other. One party under this

Agreement shall have no authority to enter into contracts or agreements on behalf of the other party.

8. Fair Labor Standards. Pursuant to Neb. Rev. Stat. § 73-102, the parties shall comply with, and will continue to comply with, fair labor standards in the pursuit of its business and in the execution of the Agreement and that fair labor standards shall be maintained for the term of the

Agreement.

9. Work Status Verification. Each party 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.

10. Excluded/Debarred Contractors. City 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. City also certifies that City, 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 City shall immediately notify UNL of any change in the status of the certification and warranty set forth in this section. If City becomes excluded from federal health care program participation or is placed on the Consolidated List of

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Debarred, Suspended, and Ineligible Contractors, the Agreement may be terminated immediately, for cause, by UNL.

11. Nondiscrimination. The parties shall not discriminate against any employee, or applicant for employment to be employed in the performance of this 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.

12. Equal Opportunity [intentionally bolded]. City shall comply with 41 CFR §§ 60-

1.4(a), 60-300.5(a), and 60-741.5(a), 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.”

13. Integration, Amendment, Assignment, Severability, Governing Law. This

Agreement represents the entire agreement between the parties and all prior negotiations and representations are hereby expressly excluded from this Agreement. This Agreement may be amended only by written agreement of both parties. This Agreement may not be assigned without the prior written consent of the other party. Any attempt by either party to assign its rights or obligations hereunder without the consent of the other party shall be void. Each section of this

Agreement is hereby declared to be independent of every other section so far as inducement for the acceptance of this Agreement, and invalidity of any section of this Agreement shall not invalidate any other section thereof. All aspects of this Agreement shall be governed by the laws of the State of Nebraska. Any legal actions brought by either party hereunder shall be instituted in the state courts located in Lancaster County, Nebraska.

14. Waiver. A waiver of any term or provision of this Agreement by a party shall not be deemed to be a waiver of such provision on any subsequent breach of the same or any other provision contained in this Agreement. Any such waiver must be in writing to be effective, and no such waiver or waivers shall serve to establish a course of performance between the parties contradictory to the terms hereof.

15. Notice. Any notice required or permitted to be given under the Agreement shall be in writing, sent via email (if provided), certified mail or hand delivery, effective when received, and delivered to the addresses provided on the signature page of the Agreement.

16. Electronic Signatures. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

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IN WITNESS WHEREOF, each of the parties hereto have executed and delivered this document by its duly authorized officer the date hereinafter shown.

BOARD OF REGENTS OF THE

UNIVERSITY OF NEBRASKA

Signature:

Printed Name:

Date:

Title:

CITY OF LINCOLN, NEBRASKA

Signature:

Printed Name: Maggie Stuckey-Ross

Date:

Title: Parks and Recreation Director

Notices to the University shall be sent to:

Joseph Canny, CASNR-PGM Program

133 Keim

Lincoln, NE 68583-0953 jcanny2@unl.edu

Notices to City shall be sent to:

City Parks and Recreation Department

3130 “O” Street, Suite 300

Lincoln, NE 68510 wforeman@lincoln.ne.gov

With copy to:

Legal Notices

C/O P2P Procurement Contracts

1700 Y Street, BSC 125

Lincoln, NE 68588-0645

With copy to:

City Law Department

555 S. 10th Street, Suite 300

Lincoln, NE 68508 jgolden@lincoln.ne.gov

Vice Chancellor for Business and Finance

05/24/25 | 01:21 CDT

Michael J Zeleny mailto:jcanny2@unl.edu mailto:wforeman@lincoln.ne.gov mailto:jgolden@lincoln.ne.gov

University of Nebraska Non-Competitive Purchase Documentation

Board of Regents Policy 6.2.1.10 (b) provides that “except as otherwise provided in this purchasing policy, any purchase committing the University to an expenditure of $150,000 or more shall be made to the lowest responsible bidder.” Board of Regents Policy 6.2.1.7 provides that “If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. There are exceptions allowed to this policy in 6.2.1.10 (f), which explains when competitive bidding is not required.

This form is designed to assist in complying with policy. It is to be used for purchases of $150,000 or more that are not competitively bid or small purchases where quotations are not obtained It must be signed by the person seeking the non-competitive purchase, as well as the funding approver and returned to your campus procurement office or the Office of the Vice President for Business and Finance.

INSTRUCTIONS for Completion of this Form:

Please check the category below for which your particular transaction qualifies as a non-competitive purchase. The column § (subsection) refers to Board Policy 6.2.1.10 (f). Incomplete forms will be returned.

§ EXCEPTION TO COMPETITIVE PURCHASE

1. Purchase of unique 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. This category of purchase shall be accompanied by a written justification from the requesting unit and must have the prior written approval by the principal business officer or their designee.

2. 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. “Professional Service” means (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, actuarial, legal, personnel, financial, computing, management, marketing, educational program planning or evaluation, facilities planning or evaluation, insurance and risk management, or travel agency services. (See RP-6.2.1(4)(h))

3. Purchases necessary in emergency situations.

4. 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.

5. 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 RP-6.3.7.

Additional Required Information:

Supplier Name: Amount of Purchase:

Description Supporting Non-Competitive Purchase Determination:

Check HERE if additional supporting documentation attached

In accordance with Board of Regents Policy 6.2.1.16, Purchases Involving University Personnel, by signing below, you hereby affirm that you have no conflict of interest in the selection of this supplier, nor will you receive personal or financial benefit from this purchase.

Requestor’s Signature Requestor’s Name (Printed) Date

Funding Approver Funding Approver’s Name (Printed) Date

Submitted By (Procurement Services):

Approved By:

Signature Date

Name (Printed): _________________________________ _____

Signature Date

Name (Printed): ______________________________________

05/21/25 | 08:18 CDT

Mel Sinnard Michael J Zeleny

05/24/25 | 01:21 CDT

The Professional Golf Management Program has experienced substantial enrollment growth over the last 3 years. We expect a significantly larger freshman class again for AY 25/26. There is no longer a single golf facility in Lincoln that has the capacity to serve all of our students. We need a partner with multiple golf facilities to serve our needs. The only potential partner in Lincoln with multiple golf courses is the City of Lincoln. They have offered access to all five of their golf facilities. No other golf facility in Lincoln has the capacity to offer sufficient access.

Certificate Of Completion Envelope Id: 70084FC6-355B-4AF1-9E83-1B4D5C53467C Status: Completed

Subject: CW30545 - PGM-City_of_Lincoln_UNL_2025-26_cover_CW30545.docx

Source Envelope:

Document Pages: 7 Signatures: 3 Envelope Originator:

Certificate Pages: 5 Initials: 0 Maria Sorick

AutoNav: Enabled

EnvelopeId Stamping: Disabled

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

1400 R Street

LINCOLN, NE 68588

maria.sorick@nebraska.edu

IP Address: 35.223.106.21

Record Tracking Status: Original

5/20/2025 9:29:54 AM

Holder: Maria Sorick maria.sorick@nebraska.edu

Location: DocuSign

Signer Events Signature Timestamp Mel Sinnard mel.sinnard@nebraska.edu

Sr. Sourcing Agent

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

Using IP Address: 67.224.6.54

Signed using mobile

Sent: 5/20/2025 9:33:25 AM

Viewed: 5/21/2025 8:17:55 AM

Signed: 5/21/2025 8:18:06 AM

Electronic Record and Signature Disclosure:

Accepted: 8/11/2023 12:33:11 PM ID: 4e6dfb44-906a-4c8b-8505-7a9ce28c103c

Michael J Zeleny

MIKE.ZELENY@UNL.EDU

Vice Chancellor for Business and Finance

University of Nebraska - Lincoln

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 129.222.143.43

Signed using mobile

Sent: 5/21/2025 8:18:08 AM

Viewed: 5/24/2025 1:20:35 AM

Signed: 5/24/2025 1:21:41 AM

Electronic Record and Signature Disclosure:

Accepted: 8/15/2023 9:56:40 PM ID: 94bec322-c55c-43c1-bbc4-965e579c19e3

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 Arunima Bhattacharya abhattacharya3@unl.edu

Security Level: Email, Account Authentication (None)

Sent: 5/24/2025 1:21:42 AM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

Carbon Copy Events Status Timestamp Joe Canny jcanny2@unl.edu

Security Level: Email, Account Authentication (None)

Sent: 5/24/2025 1:21:43 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 5/20/2025 9:33:25 AM

Certified Delivered Security Checked 5/24/2025 1:20:35 AM

Signing Complete Security Checked 5/24/2025 1:21:41 AM

Completed Security Checked 5/24/2025 1:21:43 AM

Payment Events Status Timestamps

Electronic Record and Signature Disclosure

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Electronic Record and Signature Disclosure created on: 5/16/2023 6:53:28 PM Parties agreed to: Mel Sinnard, Michael J Zeleny

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