DOC1605887347.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 SMASH PARK OMAHA LLC SMASH PARK

LAVISTA

Contact Molly Payne, molly.payne@smashpark.co m

REQUESTING DEPARTMENT

Participating Campuses

UNMC

Administrative Unit/Dept.

Primary Contact Name

Bari Stinson

Primary Contact Email

BASTINSON@UNMC.EDU

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

Event agreement for the Couples Night Out event sponsored by the COM Parents and Family Association. This is an annual event during orientation week, open to students and their partners.

Purchase Category

Total Amount of Spend

$942.00 Start Date 8/18/2025 End Date 8/18/2025 12:00

AM

BID INFORMATION

Bid Number

Competitive Review Findings

Under $50k

Contract Information

INTERNAL USE ONLY

CW CW32539

mailto:BASTINSON@UNMC.EDU

{00052178.DOCX; 10} Page 1 of 6

Title: Legal and Policy Compliance Addendum Revised: 230512

University of Nebraska Legal and Policy Compliance Addendum

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

Lodging Agreement dated concurrently with this Addendum (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 and governing body 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, and SMASH PARK OMAHA LLC SMASH PARK LAVISTA (“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.

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

D. Certain provisions in the Agreement cannot be accepted or are required in the Agreement 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 herein 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 without the written agreement of the other party 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 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 Nebraska State Contract Claims Act (Neb. Rev. Stat. §§ 81-8,302 to 81-8,306).

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.

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

{00052178.DOCX; 10} Page 2 of 6 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. 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 Supplier (a) to notify University of any requested redactions to such contracts and documents and (b) to indicate the legal basis for such requested redactions at the time of execution. In addition, Supplier agrees to defend any challenge to such redactions at its own expense. Supplier’s failure to request redactions to any contracts and documents released by University shall constitute a complete waiver of any and all claims for damages caused by any such release.

8. 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 the Agreement will be open to public inspection and copying unless exempted from disclosure in accordance with the University’s interpretation and application of applicable law. It shall be the sole responsibility of Supplier (a) to notify University of requested redactions to any such information or records that may otherwise be required to be open to public inspection and copying and (b) to indicate the legal basis for such requested redactions. In addition, Supplier agrees to defend any challenge to such requested redactions at its own expense. Supplier’s failure to request redactions to any information or records released by University shall constitute a complete waiver of any and all claims for damages caused by any such release.

9. Equal Opportunity (intentionally bolded). If the Agreement is for $10,000 or more and involves federal funds, then Supplier 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.”

10. Affirmative Action Program. If Supplier has fifty (50) or more employees and the Agreement involves $50,000 or more in federal funds, then the Supplier shall develop or maintain an affirmative action program as described in 41 CFR 60‐2 or 41 CFR 60‐741, subpart C , as applicable. If Supplier has fifty (50) or more employees and the Agreement involves $150,000 or more in federal funds, then the Supplier shall develop or maintain an affirmative action program as described in 41 CFR 60‐300, subpart C.

11. 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, https://statecontracts.nebraska.gov/

{00052178.DOCX; 10} Page 3 of 6 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. §§ 48-1101 to 48-1125).

12. Logos or University Marks. 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.

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

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.

14. 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.

15. Conflict of Interest. 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.

16. 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.

17. Insurance. 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 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, 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 the 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.

18. Notice. Any notice required or permitted to be given under the 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 the Agreement.

{00052178.DOCX; 10} Page 4 of 6

19. 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.

20. 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 or any third party for any act or omission;

d. Any term requiring University to add Supplier or any third party 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 Agreement 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 or any third party’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 this Addendum or the Agreement to be maintained, by Supplier; (vi) damages arising from the gross negligence or willful misconduct of Supplier, its employees, its subcontractors, or its agents; and (vii) damages arising from

Supplier’s breach of data security or confidentiality obligations under the Agreement;

j. Any term permitting unilateral modification of the Agreement by Supplier or any third party;

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;

{00052178.DOCX; 10} Page 5 of 6

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 requiring the University to endorse or perform any act that may be perceived as an endorsement of a commercial good or service, the Vendor, or any third party;

p. Any term requiring the University to waive its rights to a jury trial or to participate in a class action;

or

q. Any term granting Supplier or any third party a security interest in property of University.

[Signature page to follow]

{00052178.DOCX; 10} Page 6 of 6

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

Board of Regents of the University of Nebraska

Signature:

Printed Name:

Date:

Title:

Supplier

Signature:

Printed Name:

Date:

Title:

Notices to the University shall be sent to:

Notices to Supplier shall be sent to:

With copy to:

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

With copy to (optional):

Mary Lindahl

Regional Sales Manager

Mary Lindahl

06/11/25 | 11:48 CDT

mary.lindahl@smashpark.com Michael Hrncirik

Assistant Vice Chancellor for Business F

Michael Hrncirik

06/11/25 | 20:43 CDT

mhrncirik@unmc.edu

8121 S 125th St, La Vista, Nebraska 68128 P:

EVENT CONTRACT

SPECIAL INSTRUCTIONS

Event Signage:

Tax Exempt

Would also like to utilize a couple of the table top connect 4 games

EVENT LOCATION

Price Discount Discount Price Total

Includes seating for 64, space for up to 80 guests,

(4) pickleball courts + gear, 16 counter height reserved tables, 50% off Arcade Cards

$500.00 50% $250.00 $250.00

GAMES

Price Total

1 Gear Rental (per event) Bags

$50.00 $50.00

CATERING

Price Total

FOOD AND BEVERAGE MINIMUM - $500

$65.00 $195.00

$95.00 $190.00

Chips

$75.00 $150.00

BEVERAGES

Price Total

Guests will pay for their drinks on individual tabs.

mailto:bastinson@unmc.edu mailto:molly.payne@smashpark.com

Unpaid

ESTIMATED BILLING

Total

Gaming $50.00

Food $535.00

Room Rental $250.00

Subtotal $835.00

Service Charge 20.0% $107.00

Tax Rate $0.00

Grand Total $942.00

Deposit Due (Due 6/9/2025) $300.00

Estimated Amount Due $942.00

F&B Minimum $500.00 Total

-$500.00 Met

$0.00

8121 S 125th St, La Vista, Nebraska 68128 P:

TERMS & CONDITIONS

We have a 72 hour policy. So if 4 or 5 days out it looks like rain is inevitable, then we can:

- Transfer your payment to another date for your event (based on availability) outside of 72 hours.

- Once we are inside that 72 hour window, your reservation will be locked in though.

2. Food and beverage menu items and pricing are subject to change outside of 30 days.

3. A credit card number is required before any changes or additions are made on or during the event.

5. To allow for proper ordering, we need to receive your menu selections at least 2 weeks prior to your function.

7. Due to health regulations, no leftover food or beverages may be removed from the venue.

Client Signature

8121 S 125th St, La Vista, Nebraska 68128 P:

PERTAINING TO OUTSIDE SPACE:

We have a 72 hour policy. So if 4 or 5 days out it looks like rain is inevitable, then we can:

- Transfer your payment to another date for your event (based on availability) outside of 72 hours.

- Once we are inside that 72 hour window, your reservation will be locked in though.

By signing this, you acknowledge that booking an outdoor space is not a guarantee for an indoor space equivalent.

Should you have an indoor space, this does not apply

Client Signature

8121 S 125th St, La Vista, Nebraska 68128 P:

CREDIT CARD AUTHORIZATION FORM

By processing this payment, you therefore accept the terms and conditions pertaining to this contract.

Credit Card Authorization Form

Credit Card Type:

Name on Credit Card:

Credit Card Number: Security Code:

Expiration Date:

Credit Card Billing Address:

Cardholder's Signature:

Print Name:

Date:

Monday, August 18, 2025

6:00 - 7:30PM

Smash Park 8121 S 125 St.th

La Vista, NE 68128

THE COLLEGE OF MEDICINE PARENTS & FAMILY

ASSOCIATION INVITES YOU TO

Couples Night Out

Pickleball and cornhole will be available. Light snacks and non-alcohlic beverages will be provided.

Email Bari Stinson at bastinson@unmc.edu to register.

RSVP required by August 15th

All College of Medicine students and their partners are invited - You do not need to be married to attend!

Certificate Of Completion Envelope Id: 5415BC6E-47AD-4D21-AD93-5AF094937AA2 Status: Completed

Subject: CW32539 - Smash Park Couples Night Out UNMC August 2025

Source Envelope:

Document Pages: 14 Signatures: 4 Envelope Originator:

Certificate Pages: 5 Initials: 0 Melody Stark

AutoNav: Enabled

EnvelopeId Stamping: Disabled

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

1400 R Street

LINCOLN, NE 68588

melody.stark@nebraska.edu

IP Address: 35.223.106.21

Record Tracking Status: Original

6/10/2025 9:44:48 AM

Holder: Melody Stark melody.stark@nebraska.edu

Location: DocuSign

Signer Events Signature Timestamp Mary Lindahl mary.lindahl@smashpark.com

Regional Sales Manager

Smash Park Entertainment Group

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 50.173.240.162

Sent: 6/10/2025 9:47:42 AM

Resent: 6/11/2025 11:45:12 AM

Viewed: 6/11/2025 11:48:21 AM

Signed: 6/11/2025 11:48:58 AM

Electronic Record and Signature Disclosure:

Accepted: 6/11/2025 11:48:21 AM ID: 7cceeceb-c3a2-4c4b-ba77-e19d89cb2f16

Michael Hrncirik mhrncirik@unmc.edu

Assistant Vice Chancellor for Business F

University of Nebraska Medical Center

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 67.3.166.140

Signed using mobile

Sent: 6/11/2025 11:49:01 AM

Viewed: 6/11/2025 8:43:17 PM

Signed: 6/11/2025 8:43:43 PM

Electronic Record and Signature Disclosure:

Accepted: 6/11/2025 8:43:17 PM ID: 8bed7f3a-57fe-47d6-ab1b-c860ea6b0396

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 Bari Stinson bastinson@unmc.edu

Security Level: Email, Account Authentication (None)

Sent: 6/10/2025 9:47:41 AM

Viewed: 6/11/2025 10:53:22 AM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

Carbon Copy Events Status Timestamp Melody Stark melody.stark@nebraska.edu

Sourcing Agent

University of Nebraska

Security Level: Email, Account Authentication (None)

Sent: 6/11/2025 8:43:44 PM

Electronic Record and Signature Disclosure:

Accepted: 11/13/2023 10:42:36 AM ID: f6be8008-ef45-4d6e-b4e3-5c6f95447db3

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/10/2025 9:47:41 AM

Envelope Updated Security Checked 6/11/2025 11:45:11 AM

Envelope Updated Security Checked 6/11/2025 11:45:12 AM

Certified Delivered Security Checked 6/11/2025 8:43:17 PM

Signing Complete Security Checked 6/11/2025 8:43:43 PM

Completed Security Checked 6/11/2025 8:43:44 PM

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: Mary Lindahl, Michael Hrncirik, Melody Stark

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