DOC1591101985.pdf

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CN NE|DOC1591101985
Contract number
DOC1591101985
Issued by
Nebraska

About this file

The document is a University of Nebraska-Lincoln Agreement to Provide Golf Instruction between the Board of Regents of the University of Nebraska and Nicolaus Latcham, an individual golf instructor. The contract is specific to the University of Nebraska-Lincoln (UNL) campus and is associated with the PGA Golf Management Program, with the contract administered through the Procure-to-Pay department located in Lincoln, Nebraska.

The agreement covers golf instruction services to be provided by Latcham, including individual (one-on-one) and group golf lessons with individual skill assessment for university students. The contract is valued at $7,000, with a specified fee structure of $81 per individual lesson and $81 for the first student in a group lesson, plus $16 for each additional group student. The term of the agreement runs from August 1, 2025 to June 30, 2026, with lessons to be performed to the satisfaction of the university. The contract falls under the "Under 10K Threshold" procurement category and does not require competitive bidding, indicating it is a direct procurement for specialized instructional services.

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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 Nicolaus Latcham Contact Name and Email

Nicolaus Latcham nlatcham22@gmail.com

REQUESTING DEPARTMENT

Participating Campuses and Admin Unit/Dept.

UNL

Primary Contact Name and Email

Arunima Bhattacharya

ABHATTACHARYA3@UNL.EDU

Secondary Contact Name and Email

Joseph Canny, PGA Director jcanny2@unl.edu

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

Instructor agrees to teach individual (one-on-one) and/or group golf lessons, including individual golf skill assessment and instruction, to University students (the Services ). Instructor agrees to perform such professional services with the standard of professional care and skill customarily provided in the performance of such services. Instructor agrees to perform the Services to the satisfaction of University from time to time during the term of this Agreement..

Purchase Category

Total Amount of Spend

$7,000.00 Start Date

08/01/2025 End Date

06/30/2026

BID INFORMATION

Bid Number NA

Competitive Review Findings

Under 10K Threshold (UNK, UNL, UNO)

Contract Information NA

INTERNAL USE ONLY

CW32155

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UNIVERSITY OF NEBRASKA-LINCOLN

AGREEMENT TO PROVIDE GOLF INSTRUCTION

This Agreement dated ___August 1__________, 20_25_ (“Effective Date”), sets forth the terms between the Board of Regents of the University of Nebraska for and on behalf of the University of Nebraska-Lincoln (“University”) and ________Nicolaus Latcham_____________ (“Instructor”) with regard to the performance by Instructor of the services contemplated herein.

RECITALS

The University provides educational and extracurricular activities for its students enrolled in the PGA Golf Management Program (the “Program”). As part of these activities, University provides Program students the opportunity to receive one-on-one and/or group golf lessons from instructors skilled in offering individual golf skill assessment and instruction. University desires to obtain the services of the Instructor and Instructor claims to have the expertise and experience to provide such services to University.

University and Instructor hereby agree to the following terms, obligations and conditions:

1. Description of Services. Instructor agrees to teach individual (one-on-one) and/or group golf lessons, including individual golf skill assessment and instruction, to University students (the “Services”).

Instructor agrees to perform such professional services with the standard of professional care and skill customarily provided in the performance of such services. Instructor agrees to perform the Services to the satisfaction of University from time to time during the term of this Agreement.

2. Prior Agreements. University and Instructor agree that any prior agreements still in effect between University and Instructor will terminate and be of no further force and effect upon execution of this Agreement.

3. Payment. In full consideration for the Services performed by Instructor under this Agreement, University shall pay or cause to be paid to Instructor the total fee and any incidentals as payable pursuant to the schedule identified below. Instructor will submit an invoice at the conclusion of each academic semester showing the number of individual and group lessons they taught during the semester, along with a list of the students to whom they provided the lessons and any additional documentation as reasonably requested by the University to support payment of the fees. University, in its sole discretion, may decline to reimburse any fees that fail to comply with applicable University policies and procedures. All payments due to Instructor shall be made on a net-45 day basis. Instructor agrees that it is solely responsible for payment of income, social security, and other employment taxes due to the proper taxing authorities and that University will not deduct such taxes from any payments to Instructor hereunder, except as required by law.

Lesson Type Fee Per Lesson Individual $81 Group $81 for first student, plus $16 per each additional student Clinics To be negotiated in advance on a case-by-case basis based on the size of class, amount of time required, and number of instructors needed

4. Term. The Services to be performed by the Instructor under this Agreement shall start no later than ___August 25, 2025______, and shall be completed no later than ____June 30, 2026____ (the “Term”).

This Term may be extended by written agreement of the University.

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5. Termination. Either party may terminate this Agreement for material breach on thirty (30) days written notice, during which period the breaching party may cure. Additionally, either party may terminate this Agreement for its convenience upon thirty (30) days prior written notice to the other party.

Upon termination, University shall promptly pay Instructor for all services rendered and costs incurred up to and including the effective date of termination.

6. Confidentiality. "Confidential Information" shall mean all student information and any University materials, written information, and data that should reasonably be understood by Instructor to be confidential. Instructor agrees to use the same degree of care it uses to protect its own confidential information. The obligations of this paragraph do not apply to information in the public domain or information that is independently known, obtained or discovered by Instructor, or that is hereafter supplied to Instructor by a third party without restriction. This provision shall survive termination of this Agreement.

7. Compliance. Instructor shall adhere to all applicable state and federal laws, regulations, codes and rules, as well as all applicable University policies and practices, in the provision of the Services. In addition, because Instructor may receive, generate or be required to maintain educational records relating to University students enrolled in the Program, University designates Instructor as a school official with a legitimate educational interest in those education records for the purposes of the Family Educational Rights and Privacy Act (“FERPA”), and Instructor, as such, must comply with FERPA to the same extent as University in ensuring the privacy and confidentiality of those records, including limiting access to only those employees or agents with a need to know.

8. Discrimination including Sexual Harassment. State and federal law, as well as University of Nebraska Bylaws, policies, and guidelines prohibit discrimination (as defined therein) including harassment and retaliation, against students, employees, and other members of the University community. Prohibited types of discrimination include, but are not limited to, race, color, ethnicity, national origin, sex (including sexual harassment), pregnancy, sexual orientation, gender identity, religion, disability, age, genetic information, veteran status, marital status, political affiliation, and any other protected status. Instructor shall not discriminate against University students, employees, and other members of the University community. Instructor shall cooperate with University following any report of discrimination. In the event University determines that Instructor has engaged in discrimination, including harassment, or inappropriate conduct, Instructor will take prompt and effective action, in accordance with the University’s direction. Instructor’s failure to comply with the University’s directive or any other part of this provision may be cause for immediate termination of this Agreement. Instructor acknowledges that University may have obligations to report any allegations or incidents of discrimination, including sexual harassment. Instructor and its employees, agents, contractors, and other persons affiliated with Instructor who are directly providing the Services shall participate in any training as may be required by University from time to time, including, but not limited to, training regarding sexual harassment.

9. Criminal Background Investigations. At University’s request, Instructor will complete a background screening. Instructor agrees to update any background screening upon reasonable request by University, it being agreed that any request based upon the occurrence or reasonable suspicion of any illegal activity involving Instructor shall be deemed reasonable. In so far as it is applicable, Instructor shall not hire, retain or engage any individual directly involved in the performance of the Services who has been convicted (felony or misdemeanor) of or entered into a court-supervised diversion program for any sexual offense, felony assault (including domestic violence related incidents), child abuse, molestation or other crime involving endangerment of a minor, murder or kidnapping. Other convictions, such as misdemeanor assault, drug distribution activity, felony drug possession, and any

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other felony or crime involving moral turpitude may also render Instructor ineligible to perform the Services, taking into consideration (a) the nature and gravity of the offense(s), (b) the time that has passed since the offense or conduct and/or completion of the sentence, and (c) the nature of the Services being performed. Instructor cannot be listed on any sex offender registry.

10. Independent Contractor. Instructor is an independent contractor and is solely responsible for maintenance and payment of any and all taxes and insurances and the like that may be required by federal, state or local law with respect to any sums paid hereunder. Instructor is not University’s agent or representative and has no authority to bind or commit the University to any agreements or other obligations.

11. Mutual Indemnification. Each party agrees that it will be responsible for its own acts and the results thereof and shall not be responsible for the acts of the other party and the results thereof. Each party therefore agrees that it will assume all risk and liability to itself, its agents or employees for any injury to persons or property 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 caused thereby during the performance of this Agreement.

12. Insurance. Instructor shall at its own expense obtain and maintain general 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 Instructor and its agents and/or employees while engaged in or preparing for the provision of the Services. Instructor shall furnish to University certificates of insurance evidencing that such insurance has been procured prior to commencement of such work.

13. Assignment. This Agreement is non-assignable and non-transferrable. Any attempt by either party to assign its obligations hereunder shall be void.

14. Amendment. This Agreement constitutes the entire understanding between Instructor and University with respect to the subject matter hereof and may not be amended except by an agreement signed by Instructor and an authorized representative of the University.

15. Governing Law and Forum. This Agreement shall be governed by the laws of the State of Nebraska, without regard to its choice of law provisions. Any legal actions brought by either party hereunder shall be instituted in the state or federal courts located in Lancaster County, Nebraska. It is understood and agreed that any legal action by Instructor in relation to this 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.

16. Conflict of Interest. Instructor certifies, to the best of its knowledge and belief, that (a) there is no unresolved actual or potential conflict of interest related to this Agreement and (b), if Instructor is a University employee, immediate family member of a University employee, or business associated with a University employee and this Agreement is valued at $2,000 or more, Instructor has, prior to execution of this Agreement, provided written notification to the vice president for business and finance or relevant vice chancellor for business and finance, as applicable, of Instructor’s status as, relation to, or association with a University employee and of this Agreement. If an actual or potential conflict of interest related to this Agreement arises during the Term, Instructor shall provide to the vice president for business and finance or relevant vice chancellor for business and finance, as applicable, a written disclosure statement that describes all relevant information concerning the actual or potential conflict of interest. If the actual

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or potential conflict of interest cannot be resolved or University determines Instructor’s certification set forth in this section is false, University may declare this Agreement void and of no further force or effect and University shall have no further obligations under this Agreement.

17. Personal Use Prohibited. University funds shall not be expended for articles or services which are for the personal use of staff or faculty members.

18. Instructor Attestation. Instructor 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.

19. Right to Audit. Instructor shall maintain documentation for all expenses under the Agreement. The books, records and documents of Instructor, insofar as they relate to services performed or money received under the 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 University or its duly appointed representatives. These records shall be maintained in accordance with generally accepted accounting principles.

20. Debarment List. Instructor 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. Instructor also certifies that Instructor, 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. The certification and warranty set forth in this section shall be an ongoing certification and warranty during the Term, and Instructor shall immediately notify University of any change in the status of the certification and warranty set forth in this section. If Instructor becomes excluded from federal health care program participation or placed on the Consolidated List of Debarred, Suspended, and Ineligible Contractors, this Agreement may be terminated immediately, for cause, by University. If any partners, directors, officers, employees, licensees, subcontractors, personnel, or agents of Instructor become excluded from federal health care program participation, such individual shall be removed from participating in this Agreement immediately. Failure by Instructor to remove such excluded individual immediately shall provide University the right to terminate this Agreement immediately for cause.

21. Taxpayer Transparency Act. Under Neb. Rev. Stat. §§ 84-602.01 to 84-602.04, 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 Instructor (a) to notify University of any requested redactions to this Agreement, any amendment to this Agreement, and any document incorporated by reference into this Agreement and

(b) to indicate the legal basis for such requested redactions at the time of execution thereof. In addition, Instructor shall defend any challenge to such redactions at its own expense. Instructor’s failure to request redactions to any contracts or documents released by University under this section shall constitute a complete waiver of any and all claims for damages caused by any such release.

22. Public Records. Under Neb. Rev. Stat. §§ 84-712 to 84-712.09, information or records of or belonging to University regarding, related to, or part of this Agreement will be open to public inspection and copying unless exempted from disclosure in accordance with University’s interpretation and application of applicable law. It shall be the sole responsibility of Instructor (a) to notify University of requested redactions to any such information or records that may otherwise be required to be open to https://statecontracts.nebraska.gov/

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public inspection and copying and (b) to indicate the legal basis for such requested redactions. In addition, Instructor shall defend any challenge to such requested redactions at its own expense.

Instructor’s failure to request redactions to any information or records released by University under this section shall constitute a complete waiver of any and all claims for damages caused by any such release.

23. Nondiscrimination. In accordance with the Nebraska Fair Employment Practice Act, Neb. Rev.

Stat. §48-1122, Instructor 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 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.

24. Logos or University Marks. Instructor shall not use or display any University 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 Marks is expressly prohibited. Instructor shall 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 Instructor’s business.

25. Unavailability of Funding. Due to possible future reductions in state and/or federal funds, University cannot guarantee the continued availability of funding of this Agreement notwithstanding the consideration contained within this Agreement. In the event funds to finance this Agreement become unavailable, either in full or in part, due to such reductions, University may terminate this Agreement or reduce the consideration upon notice in writing to Instructor. 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, Instructor may cancel this Agreement as of the effective date of the proposed reduction upon the provision of advance written notice to University. Instructor shall be entitled to receive just and equitable compensation for any satisfactory work performed up to the effective date of the 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.

26. Federal Funding Compliance. If this Agreement involves federal funds, (a) Instructor’s compliance in all respects with all applicable federal anti-discrimination laws is material to Instructor’s performance under this Agreement; (b) Instructor certifies that it does not operate any programs promoting diversity, equity, and inclusion that violate such laws; and (c) Instructor’s failure to comply with such laws shall be considered a material breach of this Agreement.

If this Agreement is for $15,000 or more and involves federal funds, then Instructor shall comply with 41 CFR §§ 60-300.5(a) and 60-741.5(a), which are incorporated herein by this reference. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and require action to employ and advance in employment individuals without regard to disability or veteran status.

If Instructor has fifty (50) or more employees and this Agreement involves payment of $50,000 or more in federal funds to Instructor, then Instructor shall develop or maintain a program as described in 41 CFR 60‐741, subpart C. If Instructor has fifty (50) or more employees and this Agreement involves payment of $150,000 or more in federal funds to Instructor, then Instructor shall develop or maintain a program as described in 41 CFR 60‐300, subpart C. To the extent any of the provisions of Appendix II to 2 CFR Part

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200 apply to this Agreement, such provisions are incorporated herein by this reference and apply to Instructor as a “contractor,” “recipient,” or “subrecipient.”

27. Severability. The terms of this Agreement are severable. If any term or provision is declared by a court of competent jurisdiction to be illegal, void, or unenforceable the remainder of the provisions shall continue to be valid and enforceable.

28. Survival. Provisions surviving termination of this Agreement are those which on their face affect rights and obligations after termination and also include provisions concerning indemnification, confidentiality, representations and warranties, and governing law and venue.

29. Waiver. A waiver of any term or provision of this Agreement by University 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.

30. Notices. Any notice required or permitted to be given under this Agreement shall be in writing, sent via certified mail or hand delivery, effective when received, and delivered to the addresses provided on the signature page of this Agreement.

31. No Personal Liability. In no event shall any regent, official, officer, employee, agent, or student of University be personally liable or responsible for any representation, statement, covenant, warranty or obligation contained in, or made in connection with, this Agreement, express or implied.

[Signature page to follow]

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

Board of Regents of the University of Nebrask

Signature:

Printed Name:

Date:

Title:

Instructor

Signature:

Printed Name:

Date:

Title:

Notices to University shall be sent to:

Joseph Canny, PGA Director, PGA Golf Management Keim Hall #125 Lincoln, NE 68583-0953 jcanny2@unl.edu

Notices to Instructor shall be sent to:

Nicolaus Latcham

725 N 66 ST, APТ 13,

Lincoln, NE 68505 nlatcham22@gmail.com Vendor #427963

With copy to:

Legal Notices C/O P2P Procurement Contracts 1700 Y Street, BSC 125 Lincoln, NE 68588-0645

With copy to (optional):

Nicolaus Latcham

05/30/25 | 06:38 PDT

MrVice Chancellor for Business and Finance

05/30/25 | 11:59 CDT

Michael J Zeleny mailto:jcanny2@unl.edu mailto:nlatcham22@gmail.com

Certificate Of Completion Envelope Id: 2BACDF70-0263-43FD-833E-EE55FC9536BC Status: Completed

Subject: CW32155 - NicolausLatcham_GolfPro_2025-2026_UNL_Cover_CW32155.docx

Source Envelope:

Document Pages: 8 Signatures: 2 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

5/29/2025 4:37:46 PM

Holder: Maria Sorick maria.sorick@nebraska.edu

Location: DocuSign

Signer Events Signature Timestamp Nicolaus Latcham nlatcham22@gmail.com

Mr

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

Using IP Address: 167.248.83.199

Sent: 5/29/2025 4:38:58 PM

Viewed: 5/30/2025 8:31:00 AM

Signed: 5/30/2025 8:38:53 AM

Electronic Record and Signature Disclosure:

Accepted: 5/30/2025 8:31:00 AM ID: b130d9eb-5fff-43d1-afc6-a625b58d8699

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: 174.215.17.86

Signed using mobile

Sent: 5/30/2025 8:38:55 AM

Viewed: 5/30/2025 11:58:35 AM

Signed: 5/30/2025 11:59:05 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 Joe Canny jcanny2@unl.edu

Security Level: Email, Account Authentication (None)

Sent: 5/30/2025 11:59:06 AM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

Carbon Copy Events Status Timestamp Arunima Bhattacharya abhattacharya3@unl.edu

Security Level: Email, Account Authentication (None)

Sent: 5/30/2025 11:59:07 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 5/29/2025 4:38:58 PM

Certified Delivered Security Checked 5/30/2025 11:58:35 AM

Signing Complete Security Checked 5/30/2025 11:59:05 AM

Completed Security Checked 5/30/2025 11:59:07 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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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.

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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: Nicolaus Latcham, Michael J Zeleny

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2025-05-30T10:15:37-0700
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