DOC1654134485.pdf

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:

ECC

Amount of Purchase:

$ 228,400.00

Description Supporting Non-Competitive Purchase Determination:

Description Attached.

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.

Larry Maples Jr. 07/14/2025

Requestor's Signature Requestor's Name {Printed) Date

Seth Dorsey 07/14/2025

Funding Approver's Signature Funding Approver's Name {Printed) Date

Submitted By (Procurement Services): Approved By:

Signature Date Signature Date

Name (Printed): _ Name (Printed):

07/21/25 | 14:42 CDT

Shanon Wright Doug Carlson

07/22/25 | 05:27 CDT

Procurement, ECC has been identified as the source to provide the necessary services and support for our Athletic Facilities. These are some of the reasons that distinguish ECC:

• Specialized Audio-Visual Systems Expertise: with 65 years of expertise, ECC has demonstrated incomparable expertise in the design, installation, and maintenance of core agreement audio-visual systems, which are critical to our meeting rooms and conference spaces. Their knowledge and experience in AV technologies ensures seamless integration with our existing systems and high-quality user experience.

• On-Demand Service Offering: their package ensures that the AV systems continue to perform at peak efficiency:

o 24/7 support response to ensure issues are addressed immediately.

o Phone support for urgent escalation and troubleshooting.

o On-Site service, ensuring minimal disruption and downtime for critical AV systems.

o Remote diagnostics, for quick identification and resolution of technical issues without the need for an on-site visit.

o Schedule semi-annual recertification to ensure that all equipment is aligned and adjusted to the latest standards, keeping systems up to date.

• Exceptional Response Time: ECC offers excellent response times, which are crucial for maintaining system performance.

• Longstanding Relationship and Proven Record: our continued partnership with ECC has proven to be successful, consistently delivering high quality services on time. Their familiarity with our systems and operations allows them to provide superior support.

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 Electronic Contracting Company Contact Mark Allen

Sourcing Agent Alex Caruso Email mallen@eccoinc.com

REQUESTING DEPARTMENT

Participating Campuses

UNL

Administrative Unit/Dept.

Athletics

Department Contact Blake Chramosta – bchramosta@huskers.com

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

ECC will provide necessary services and support for our Athletic Facilities Audio and Visual Systems. ECC originally installed this equipment.

Contract Document Document Amt Total Amt Start Date End Date Notes

Legal Policy and Compliance Addendum and Quote 46753

$61,000.00 $61,000.00 8/29/2024 6/30/2025

Quote 62184 $56,000.00 $117,000.00 10/8/2024 10/25/2024

Quote 72538 $228,400.00 $345,400.00 9/1/2025 8/31/2026

COMPETITION/BID INFORMATION

Bid Number N/A

Competition NCPD Approved

Contract Information

N/A

INTERNAL USE ONLY

CW34229

QUOTATION: 72539

Initials: Printed: 6/27/2025

UNL Athletics Service Contract 2025-2026

Electronic Contracting Company

6501 N 70th St.

Lincoln, NE 68507

PO Box 29195 Lincoln, NE 68529

Complete Care Plus

Electronic Contracting Company (ECC) respectfully proposes a Complete Care Agreement Audio Visual Systems.

ECC will provide support for the following coverage term: 2025-09-01 through 2026-08-31.

Our Complete Care Services Provided include:

Coverage Areas

Main Stadium- Including main audio system, West Club, East Club, Gate Speaker, Student Learning, Press Conference, Indoor and Outdoor Practice Fields, Post Game Interview Room, Volleyball Weight Room, Devaney Center- Main Arena, Press Conference, Hospitality/Meeting Room, Volleyball Coaches Office and Ready Room, Volleyball Locker/Ready Room, Upper Level Hospitality, Men Basketball Locker/Lounge/Meeting, Men Practice Gym, Men Coach Ready Room, Women Basketball Practice Gym, Women Basketball Locker/Lounge/Meeting, Women Coach Ready Room, Indoor Track, Men Gymnastic Practice Area, Women Gymnastic Practice Area, Wrestling Practice Area

PBA- Men Basketball Locker and Ready Room, Women Basketball and Ready Room, Pres Conference Audio System

Bowlin Softball Stadium

Haymarket Field

Gordan Indoor Training Facility

Hibner Soccer Stadium

Indoor and Outdoor Tennis

Osborne Legacy Complex AV Systems as provided by ECC on project: L0 - Football Team Area AV Room, L0 - Primary Football Locker Room, L0 - Football Equipment, L0 - Side Locker, Grooming, & Corridor, L0 - Players Corridor, L0 - Football Lounge, L0 - Theater, L0 - HT Meeting Room (Qty. 2), L0 - Rehab, Treatment, & Hydro, L0 - Sports Med. Conference, L0 - Pool & Recovery, L0 - Multi-Purpose, L0 - Nutritionist Office, L0 - Recruit Host / Conference, L0 - Weight Room, L0 - Weight Room Coach Offices, L0 - Weight Room Record Platform, L0 - Weight Room Grandstands, L0 - Cardio, L1 - AV Room, L1 - Nebraska

Football Experience Lobby, L1 - Circulation, L1 - All Athletics Lobby, Lounge & Patio, L1 - Athletics Dining, L1 - Chef Offices, L1 - Multi-Purpose Room, L1 - Study Lounge, L1 - Medium Tutoring Room, L1 - Small Tutoring Room, L1 - Academic Staff Conference, L1 - Academic Director, L2 - Football Meeting AV Room, L2 - Team Meeting Room, L2 - Defense Meeting Room, L2 - DB & OL Meeting Room, L2 - Position Meeting Room (Qty. 6, )L2 - QB Meeting Room, L2 - Multipurpose Room, L2 - Football Coaches AV Room, L2 - Football Coaches Reception Area, L2 - Football Coaches Offices, L2 - Football Media Bullpen & Open Areas, L2 - Football Coach Locker, L2 - Head Coach, L2 - Closing Room, L2 - War Room / Staff Conference, L2 - OFF & DEF Staff Conference, L2 - Workroom

Studio, L2 - Recruit War Room, L2 - NFL Coaches & Scouts / Media Workroom, L2 - Video Editing Room, Locker Room -Coach Ceiling LED Audio Portion

Locker Room Displays, Theatre Center LED Audio Portion, Recovery Pool Video Wall, Big 10 Video Wall Audio portion, Selfie Station, Blackshirts Display, Pipeline Display, Walk On Display, Devaney Osborne Display, National Championship, Magnificent 8 Display, Countdown Clock, Play Fast Corridor Display, NFL

Wall Digital Dashboard, Academic All-American Corridor Student Athlete & Alumni

SCOPE OF WORK

BILL TO JOB LOCATION

Company: UNL ATHLETIC DEPT Company: UNL ATHLETIC DEPT Date: 6/27/2025

Address: ONE MEMORIAL STADIUM Address: ONE MEMORIAL STADIUM Sales Rep: Mark Allen

PO BOX 880120 PO BOX 880120 Phone: (402) 465 6929

LINCOLN, NE 68588 LINCOLN, NE 68588 Email: mallen@eccoinc.com

Contact: Contact: Expiration Date: 7/27/2025

Phone: Phone:

TITLE

mailto:mallen@eccoinc.com

Excluded Coverage Areas:

West Stadium 6th Floor Interview Room

North Stadium Corn Crib North Stadium Old Team Meeting Room

North Stadium 319 Conference Room

Nort Stadium 331 Conference Room Pool System (will still provide preseason check of system) Outdoor Track

Optional Plus Services (Provides option plus support as indicated below)

• Additional preventative maintenance visits Memorial Stadium Full System Checks 2 times a year (4-6 weeks prior to Spring Game, and 4-6 weeks prior to 1st home game of season)

• Event support Provide 2 Technicians for Each Home Game in the 2025 Season on site, Husker to provide game tickets and access

• Additional preventative maintenance visits Devaney Main Arena Full System Checks 2 times a year (4-6 weeks prior to Spring Game, and 4-6 weeks prior to 1st home game of season)

• Event support Provide 1 Technicians for each game home game during the 2025 season, Husker to provide game tickets and access

• Preseason Checks for the Pool/Diving, Indoor Track, Soccer, Indoor/Outdoor Tennis, softball, and baseball gameday performance systems will be checked 4-6 weeks prior to 1st home game of season.

• Preseason Checks of the Men's and Women's basketball practice facility, locker rooms, and ready rooms will be checked 4-6 weeks prior to main season practice commencement.

Exclusion

• Removal of Meyer cluster speakers from North Cluster or Line Array (it does include removing select components from speakers to send to Meyer for repair/replacement).

• Memorial Stadium Audio Visual Systems used for day to day and not part of the fan experience on Gameday to include but not limited to athletics conference rooms, training table system, & coaching systems.

• Removal of JBL line array speakers.

• Devaney Audio Visual Systems used for day to day and not part of the fan experience on Gameday to include but not limited to athletics conference rooms, swimming and diving, and track systems.

• Lift or Crane Rentals

• Large Format Direct View LED Video Walls and Display Boards

Software/Firmware Assurance

• Software/Firmware upgrades available upon technician recommendation

On Demand Service

• Provides 24hr support response

• Provides priority phone support

• Provides priority on-site service

• Provides labor to perform off-site remote diagnostics and troubleshooting

• Provides labor to perform on-site troubleshooting to localize and diagnose faults

• Provides labor to perform on-site correction of problems, perform repairs and adjustments to restore system operation for system installed as it was on the day of project completion

• Provides labor to perform on-site scheduled semi-annual comprehensive recertification for adjustments, alignments and repairs

• Acts of God, negligence, and vandalism will be charged at normal ECC service rates.

Response Times

Two (2) Hours the amount of time ECC Responds. This is the amount of elapsed time between Client initiations of an issue, or the time ECC Tech II detects a fault, and the time ECC Managed Services creates an incident report and alerts Client that an incident has been created.

Four (4) hours the amount of time ECC Remote Support begins. This is the amount of elapsed time between Client initiations of an issue, or the time ECC

Tech II proactively detects a fault, and the time an assigned ECC Managed Services technician connects to the system, or otherwise contacts Client, and begins remote diagnosis and troubleshooting (if applicable).

Forty-eight (48) hours the amount of time ECC is On-site. This is the amount of elapsed time between when ECC Managed Services have determined that all remote resources have been exhausted, and an on-site presence is required to bring the issue to resolution. On-site services are available in this timeframe within a two (2) hour drive time of an ECC office.

One (1) week the amount of time for ECC Resolution Path. This is the amount of elapsed time between the initial ECC Managed Services incident report creation, and the ECC Support desk determination of the initial resolution path.

Two (2) Weeks the amount of time for ECC Resolution Report. This is the amount of elapsed time between when ECC Managed Services have determined that equipment is required for resolution and the time the equipment will arrive on-site.

Rates

• All labor and travel time will be included for service that falls within the agreement's scope.

Parts

• ECC will cover any parts that still fall under manufacturer's warranty

• Due to the lifecycle of electronic equipment, ECC reserves the right to change out any part with other like kind parts that provide the same functionality and features.

Agreement Price and Terms

• Services outside the Scope of the Agreement will be subject to the current time and material rate plus applicable travel costs. Please contact your local office for those rates.

Special Event Budgetary Pricing INFO

• Typical Event Support per tech 8 Hours ECC Normal Business Hours 6 Hours x $150 = $900.00

• Typical Event Support per tech 8 Hours ECC Overtime Hours 6 Hours x $225 = $1,350.00

• Typical Event Support per tech 8 Hours ECC Sundays or Holidays Hours 6 Hours x $300 = $1,800.00

ECC TERMS & CONDITIONS

THESE BUSINESS TERMS (these Terms) are the general terms and conditions under which ECC will provide services to Client (the Services) under the Support

Agreement to which they are attached (the Agreement). To the extent any purchase order contains any terms that are inconsistent with these Terms, those inconsistent terms are rejected by ECC.

1) Independent Contractors. ECC's relationship with Client will be that of an independent contractor, and nothing in the Agreement should be construed as creating a partnership, joint venture, or employer-employee relationship. ECC will have sole discretion to determine the manner, method, and means of performing the Services.

2) Payment. ECC shall receive payment for the Services as provided in the Agreement and as otherwise may be increased or modified herein under Paragraph 12. Unless otherwise provided in the Agreement, invoices will be issued upon completion of the Services. All amounts payable under the Agreement are exclusive of sales, use, VAT, customs duties, excise, and any other applicable transaction taxes, unless otherwise stated in the proposal. Except as otherwise required by the Agreement,client shall make payment on invoices within thirty (30) days after issuance. If payment of any amount due under the Agreement is not receivedwhen due, interest shall begin to accrue and be payable at the lesser of the maximum rate permitted under applicable law or at the rate of one percent (1%) per month from the date due until paid in full. Client's obligation to pay all amounts due under the Agreement is absolute and unconditional, and Client is not entitled to any setoffs to such amounts.

3) Warranties. ECC MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WARRANTIES MADE IN THESE TERMS

ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND ANY OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF ECC, WHICH

NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SERVICES.

4) Intellectual Property Rights. Client acknowledges and agrees that ECC is the owner of, or holds license to, all right, title, and interest, including copyright and all other intellectual property rights, in and to any and all written materials, documents, flow charts, logic diagrams, source code, test materials, or other information relating to any intellectual property generated in providing the Services (collectively the "Work Product"). No transfer of ownership of any Work

Product is intended by the Agreement, and Client agrees that it may not, and may not encourage any third party to, attempt to derive the source code or reverse engineer the Work Product.

5) Non-Solicitation. Client acknowledges that ECC has invested in the training and development of ECC's employees and that ECC's employees are one of its most valuable assets. Accordingly, during the term of providing Services and for one (1) year thereafter, Client shall not solicit for employment any employees of

ECC or its affiliates who: (a) directly performed under the Agreement, (b) had substantial contact with Client in relation to the Agreement, or (c) Client became aware of due to, or derived from information learned through the performance of, the Agreement. For this purpose, "solicitation" does not include contact resulting from indirect means such as public advertisement, placement firm searches, or similar means not directed specifically at the employee to which the employee responds on his or her own initiative.

6) Allocation of Risk.

a) Indemnification.

b) Limitation of Liability. ECC'S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO THE AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR

THE SERVICES PROVIDED UNDER THE AGREEMENT FOR THE PERIOD OF ONE (1) YEAR PRIOR TO THE EVENT GIVING RISE TO LIABILITY. ECC SHALL NOT HAVE

ANY LIABILITY WHATSOEVER TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, OTHER CONSEQUENTIAL DAMAGES OR INCONVENIENCE DUE

TO EARLY TERMINATION OF THE AGREEMENT, OR ANY THEFT, DAMAGE, LOSS OF DATA, OR DELAY, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES.

c) Attorney Fees.

7) Termination. In the event the client elects to cancel their Purchase Order or Contract, client will be liable for any and all charges incurred by ECC up to the date of contract cancelation including labor, administration fees, permit fees, equipment received, and any equipment in transit. ECC will attempt to return any equipment procured, but client will be liable for any restocking fees and any equipment that cannot be returned.

8) Miscellaneous.

a) Enforceability. The invalidity or unenforceability of any particular provision of these Terms will not affect the Agreement's other provisions, which are then to be applied as if the invalid or unenforceable provision were omitted.

b) Integrated Agreement. Except for any purchase orders issued hereunder, there are no agreements, understandings, restrictions, warranties, or representations on which Client may rely relating to providing the Services. Furthermore, no future agreements, understandings, restrictions, warranties or representations may be relied upon by Client unless they are set forth in writing by an authorized representative of ECC.

c) Assignment. Client may not assign or transfer any of its rights or obligations under the Agreement without the prior written consent of ECC. Any permitted assignee, successor, or purchaser shall expressly assume in writing the obligation to perform in accordance with the terms and conditions of the Agreement, and no assignment or transfer shall relieve ECC or Client of its previously accrued obligations under the Agreement.

d) Remote Access. In order for ECC to fulfill the agreement, an internet connection to an on-site PC installed by ECC will be required. The customer can provide the connection or ECC can purchase a wireless connection at the customer's cost permitting the accessibility of the service. If ECC is unable to remotely access the pc while the customer is needing service, ECC will not be held liable for any coverages included in the agreement and standard service rates will apply.

9) Acceptance of Agreement - This agreement includes equipment and services that are required to satisfy the project scope of Section 1.0

10) Scope of Work/Responsibilities. ECC will begin work on this project upon receipt of a copy of this agreement duly signed and executed by an agent of the Customer, specifically authorized to bind the Customer to the terms and conditions of this agreement.

11) Venue. This Agreement shall be deemed to have been made and executed in the State of Nebraska and any dispute arising hereunder shall be resolved in

Terms & Conditions accordance with the laws of Nebraska. Venue for any action brought with respect to any claims arising out of this Agreement shall be brought exclusively in

Lancaster County, Nebraska.

12) This order form is governed by the Master Agreement executed 8/29/2024.

Due to global semiconductor chip shortages, Integrator is experiencing longer than normal lead times on equipment. As a result, Integrator cannot guarantee lead times on equipment and will not be liable for any delays in equipment delivery to the extent caused by such shortages. However, Integrator is working with its global suppliers on a daily basis to understand the impact of this chip shortage on delivery timelines and will use reasonable efforts to keep Buyer apprised of anticipated delivery timelines and delays. Should Buyer elect to purchase equipment immediately upon placement of order to mitigate delays, Integrator will immediately invoice Buyer for equipment. Upon buyer's payment, Integrator will place equipment order. ECC will store such equipment in its warehouse until delivery to Buyer. Warranty on such equipment shall commence upon delivery of the equipment to ECC's warehouse, notwithstanding any other agreed upon warranty terms or warranty terms specified herein.

This Electronic Contracting Company (ECC) proposal is subject to a Force Majeure clause for a pandemic (e.g. Covid-19) as declared by the World Health

Organization (WHO) and the corresponding governmental orders and/or regulations. This clause applies as it relates to ECC's inability to perform its contract obligations based on the unforeseeable events that may have a future impact on our labor force, the timely delivery of materials, and the escalation of the cost of said materials. ECC will keep you apprised if this situation develops and all parties to this proposal will be contacted. ECC does welcome the opportunity to work together to develop risk avoidance and mitigation strategies with you and all other parties involved (e.g. Owner, General Contractor, Architects, Engineers, etc.)

Taxes are not included in this quote, and if tax exempt documentation is not provided, sales tax will be added.

Subtotal: $228,400.00

TAX: Exempt

Total: $228,400.00

IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN

BUYER:

BUYER SIGNATURE: DATE:

(Print Name)

COMPANY:

(Print Company)

SALES REP: Mark Allen SALES REP SIGNATURE:

Mark Allen

DATE: 06/27/2025

As acknowledgement that each page of the quotation was reviewed, please initial the bottom of each page.

07/22/25 | 05:27 CDTDoug Carlson

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's Signature Funding Approver’s Name (Printed) Date

Submitted By (Procurement Services): Approved By:

Signature Date

Name (Printed): _________________________________ _____

Signature Date

Name (Printed): ______________________________________

Electronic Contracting Company $56,000

Kirk Hartman

Brandon Meier

Amplifiers at Hibner for both tennis and soccer audio. ECC was the supplier and vendor to originally put in the system. We do not want to have multiple service vendors on the audio equipment.

09/24/2024 | 12:48 CDT

09/24/2024 | 18:28 CDT

Shanon Wright

10/07/24 | 20:47 CDT

Doug Carlson

10/08/24 | 08:08 CDT

Supplier Name ECC

Contact

Mark Allen – mallen@eccoinc.com

Campuses

UNL - Athletics

Department Contact

Blake Chramosta – bchramosta@huskers.com

Contract Title ECC(Hibner)_UNL Athletics_9.2024

Contract Summary (brief description and / or event name)

ECC to replace the old failing QSys core and amplifiers at Hibner for both tennis and soccer audio.

Purchase Category Professional Services Commodity Electrical Lighting

Current Contract Amount

$56,000.00 Total Contract Amount

$117,000.00

Start Date Upon execution End Date 10/25/24 Renewals 0

COMPETITION REVIEW

Bid Number NA

Competitive Review Findings

NCPD Approved

Additional Contract

NA

CW20527

QUOTATION: 62184

Initials: Printed: 8/25/2024

Company: UNL ATHLETIC DEPT Company:

Dillon Tennis and Hibner Soccer Center

Electronic Contracting Company

6501 N 70th St.

Lincoln, NE 68507

Date: 8/25/2024

Address: ONE MEMORIAL STADIUM Address: 2400 N Antelope Vally PKWY Sales Rep: Mark Allen

PO BOX 880120

LINCOLN, NE 68588

Contact: Garrett Hill

Lincoln, NE 68521

Contact: Garrett Hill

Phone: (402) 465 6929

Email: mallen@eccoinc.com

Expiration Date: 9/24/2024

Phone: Phone:

Soccer Tennis Audio System Upgrades

This proposal is to upgrade the QSys portion of the Dillion Tennis and Hibner Soccer complex per this proposal notes and includes equipment listed and labor for installation, programming, drafting, engineering, and testing.

Proposal Notes:

--This will replace existing QSys core with Core 510i and relocate input output cards at the tennis location into the core 510i as the frames they reside in are obsolete.

--The new Qsys core will have scripting, UCI and 32x32 Dante Licenses

--This will provide new 7" touch panels at existing locations at tennis 1st and 2nd floor and outdoor tennis shed.

--The existing touch panel locations at indoor tennis are located in cabinet, the new panel will be provided in surface mount box in the existing cabinets in similar fashion as they are now.

--Provide Atterrotech IO Box at tennis shed location.

--Replace existing input output QSys frame at soccer with Atterotech Dante 16 Input Output Box

--Replace Amplifiers with new series amplifiers at exiting location.

UNL to Provide:

--Network Ports and Configuration as necessary

--120 VAC Power as necessary

QTY PART NUMBER MANUFACTURER DESCRIPTION

Other Items

1.00 CORE 510I KIT QSC AUDIO

Integrated Core with eight I/O card slots, 256 x 256 networked audio channels, dual redundant media

1.00 SLMST-510-P QSC AUDIO

Q-SYS Core 510 license for Microsoft Teams Room software features, enables both Q-SYS Scripting and

1.00 SLQUD-510-P QSC AUDIO Q-SYS Core 510 UCI Deployment Software License, Perpetual.

1.00 SLDAN-32-P QSC AUDIO Q-SYS Software-based Dante 32x32 Channel License, Perpetual.

3.00 TSC-70-G3 QSC AUDIO

Q-SYS 7 IN POE TOUCH SCREEN CONTROLLER FOR IN-WALL

MOUNTING BLACK ONLY

1.00 D16MIO QSC AUDIO 16x16 Channel Mic/Line I/O Dante/AES67 Interface, 1RU

1.00 UNDX2IO+ QSC AUDIO 4x2 Channel 2 Gang US Wall Plate wXLR Phoenix IO PoE

3.00 CX-Q 4K4 QSC AUDIO

4-Channel 1000W/CH Q-SYS Network Amplifier, Lo-Z, 70V, 100V direct drive, FlexAmp, Mic/line Inputs,

2.00 CX-Q 8K4 QSC AUDIO

4-Channel 2000W/CH Q-SYS Network Amplifier, Lo-Z, 70V, 100V direct drive, FlexAmp, Mic/line Inputs, Lot BOND ECCO Performance & Payment Bond

BILL TO JOB LOCATION

SCOPE OF WORK

THESE BUSINESS TERMS (these Terms) are the general terms and conditions under which ECC will provide services to Client (the Services) under the

Proposal to which they are attached (the Agreement). To the extent any purchase order contains any terms that are inconsistent with these Terms, those inconsistent terms are rejected by ECC.

1) Independent Contractors. ECC's relationship with Client will be that of an independent contractor, and nothing in the Agreement should be construed as creating a partnership, joint venture, or employer-employee relationship. ECC will have sole discretion to determine the manner, method, and means of performing the Services.

2) Payment. ECC shall receive payment for the Services as provided in the Agreement. Unless otherwise provided in the Agreement, invoices will be issued upon completion of the Services. All amounts payable under the Agreement are exclusive of sales, use, VAT, customs duties, excise, and any other applicable transaction taxes unless otherwise stated in the proposal. Except as otherwise required by the Agreement, Client shall make payment on invoices within thirty

(30) days after issuance. If payment of any amount due under the Agreement is not received when due, interest shall begin to accrue and be payable at the lesser of the maximum rate permitted under applicable law or at the rate of six percent (6.0%) per month from the date due until paid in full. Client's obligation to pay all amounts due under the Agreement is absolute and unconditional, and Client is not entitled to any setoffs to such amounts.

3) Warranties. ECC MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WARRANTIES MADE IN

THESE TERMS ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND ANY OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF ECC, WHICH NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN

CONNECTION WITH THE SERVICES.

4) Intellectual Property Rights. Client acknowledges and agrees that ECC is the owner of, or holds license to, all right, title, and interest, including copyright and all other intellectual property rights, in and to any and all written materials, documents, flow charts, logic diagrams, source code, test materials, or other information relating to any intellectual property generated in providing the Services (collectively the "Work Product"). No transfer of ownership of any Work

Product is intended by the Agreement, and Client agrees that it may not, and may not encourage any third party to, attempt to derive the source code or reverse engineer the Work Product.

5) Non-Solicitation. Client acknowledges that ECC has invested in the training and development of ECC's employees and that ECC's employees are one of its most valuable assets. Accordingly, during the term of providing Services and for one (1) year thereafter, Client shall not solicit for employment any employees of ECC or its affiliates who: (a) directly performed under the Agreement, (b) had substantial contact with Client in relation to the Agreement, or (c) Client became aware of due to, or derived from information learned through the performance of, the Agreement. For this purpose, "solicitation" does not include contact resulting from indirect means such as public advertisement, placement firm searches, or similar means not directed specifically at the employee to which the employee responds on his or her own initiative.

6) Allocation of Risk.

a) Indemnification

b) Limitation of Liability. ECC'S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO THE AGREEMENT IS LIMITED TO THE FEES PAID BY

CLIENT FOR THE SERVICES PROVIDED UNDER THE AGREEMENT FOR THE PERIOD OF ONE (1) YEAR PRIOR TO THE EVENT GIVING RISE TO

LIABILITY. ECC SHALL NOT HAVE ANY LIABILITY WHATSOEVER TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, OTHER CONSEQUENTIAL DAMAGES OR INCONVENIENCE DUE TO EARLY TERMINATION OF THE AGREEMENT, OR ANY THEFT, DAMAGE, LOSS OF DATA, OR DELAY, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

c) Attorney Fees.

7) Termination: In the event the client elects to cancel their Purchase Order or Contract, client will be liable for any and all charges incurred by ECC up to the date of contract cancelation including labor, administration fees, permit fees, equipment received, and any equipment in transit. ECC will attempt to return any equipment procured, but client will be liable for any restocking fees and any equipment that cannot be returned.

8) Miscellaneous.

a) Enforceability. The invalidity or unenforceability of any particular provision of these Terms will not affect the Agreement's other provisions, which are then to be applied as if the invalid or unenforceable provision were omitted.

b) Integrated Agreement. Except for any purchase orders issued hereunder, there are no agreements, understandings, restrictions, warranties, or representations on which Client may rely relating to providing the Services. Furthermore, no future agreements, understandings, restrictions, warranties or representations may be relied upon by Client unless they are set forth in writing by an authorized representative of ECC.

c) Remote Access. In order for ECC to fulfill the agreement, an internet connection to an on-site PC installed by ECC will be required. The customer can provide the connection or ECC can purchase a wireless connection at the customer's cost permitting the accessibility of the service. If ECC is unable to remotely access the pc while the customer is needing service, ECC will not be held liable for any coverages included in the agreement and standard service rates will apply.

9) Acceptance of Agreement - This agreement includes equipment and services that are required to satisfy the project scope of Section 1.0.

10) Scope of Work/Responsibilities. ECC will begin work on this project upon receipt of a copy of this agreement duly signed and executed by an agent of the Customer, specifically authorized to bind the Customer to the terms and conditions of this agreement. Production of project will not commence until CAD drawings/applicable floor drawings are received. Additional charges will be applied if drawings are not provided within ten business days of notice to proceed and/or executed contract. In the event of any arrival to site that ECC is not able to execute work and definable progress, the Customer will be charged a $450.00 Mobilization Fee to offset the lost time due to the lack of readiness. The Mobilization Fee will be presented as a Contract Change Order and will/may halt work until acceptance by the Customer and rescheduling of the integration effort is agreed upon.

11) This order form is governed by the Master Agreement executed 8/29/24

Due to global semiconductor chip shortages, Integrator is experiencing longer than normal lead times on equipment. As a result, Integrator cannot guarantee lead times on equipment and will not be liable for any delays in equipment delivery to the extent caused by such shortages. However, Integrator is working with its global suppliers on a daily basis to understand the impact of this chip shortage on delivery timelines and will use reasonable efforts to keep Buyer apprised of anticipated delivery timelines and delays.

Should Buyer elect to purchase equipment immediately upon placement of order to mitigate delays, Integrator will immediately invoice Buyer for equipment. Upon buyer's payment, Integrator will place equipment order. ECC will store such equipment in its warehouse until delivery to Buyer. Warranty on such equipment shall commence upon delivery of the equipment to ECC's warehouse, notwithstanding any other agreed upon warranty terms or warranty terms specified herein.

This Electronic Contracting Company (ECC) proposal is subject to a Force Majeure clause for a pandemic (e.g. Covid-19) as declared by the World Health Organization (WHO) and the corresponding governmental orders and/or regulations. This clause applies as it relates to ECC's inability to perform its contract obligations based on the unforeseeable events that may have a future impact on our labor force, the timely delivery of materials, and the escalation of the cost of said materials. ECC will keep you apprised if this situation develops and all parties to this proposal will be contacted. ECC does welcome the opportunity to work together to develop risk avoidance and mitigation strategies with you and all other parties involved (e.g. Owner, General Contractor, Architects, Engineers, etc.)

35% Down to Initiate the Project 35% To Purchase Equipment 30% Upon Substantial Completion

Note: If progressive or AIA/SOV invoicing is required, please discuss with your sales rep prior to acceptance of this proposal.

Quote does not include prevailing wage labor, client agrees if prevailing wage order is provided after execution of the contract, a change order will be issued.

Taxes are not included in this quote, and if tax exempt documentation is not provided, sales tax will be added.

Subtotal: $56,000.00

TAX: 0.00

Total: $56,000.00

Mark Allen

DATE: 08/25/2024

As acknowledgement that each page of the quotation was reviewed, please initial the bottom of each page.

Payment Terms

Doug Carlson 10/08/24 | 08:08 CDT

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's Signature Funding Approver’s Name (Printed) Date

Submitted By (Procurement Services): Approved By:

Signature Date

Name (Printed): _________________________________ _____

Signature Date

Name (Printed): ______________________________________

ECC $61,000

Kirk Hartman

Brandon Meier

Professional Services Agreement

08/19/2024 | 08:31 CDT

08/19/2024 | 08:34 CDT

ECC was the supplier and vendor to originally put in the system. We do not want to have multiple service vendors work on systems that were not installed by the same vendor.

08/27/24 | 07:26 CDT

Shanon Wright

08/29/24 | 11:50 CDT

Supplier Electronic Contracting Company Contact Mark Allen

Email mallen@eccoinc.com

Campuses

UNL

Administrative Unit/Dept.

Athletic

Primary Contact Name

Blake Chramosta

Primary Contact Email bchramosta@huskers.com

Contract Summary (brief description and/ or event name)

ECC will be providing A/V support at Memorial Stadium for Husker game days.

ECC was the one who implented the current system so we would like to continue to use them as support for the system they originally installed.

Purchase Category Professional Service

Total Amount of Spend

$61,000.00 Start Date Upon Execution

End Date 6/30/2025 12:00

AM

BID INFORMATION

Bid Number NA

Competitive Review Findings

NCPD Approved

Contract Information

Manual Routing Form

QUOTATION: 46753

Initials: Printed: 8/8/2024

UNL Athletics Memorial Stadium and Devaney Complete Care

Electronic Contracting Company 6501 N 70th St.

Lincoln, NE 68507

Electronic Contracting Company (ECC) respectfully proposes a Complete Care Agreement for your Game Day Fan Experience Audio Video system. For Memorial Stadium and Devaney Sports Center Main Arena

ECC will Provide Plus support for the following coverage term: 2024-09-01 through 2025-09-01.

Our Complete Care Services Provided include:

Software/Firmware Assurance

Update Firmware as needed for security patches

On Demand Service

Provides 9x5 support response (Mon - Fri / 7:30 am - 4:30 pm)

Provides priority phone support

Provides priority on-site service

Provides labor to perform off-site remote diagnostics and troubleshooting

Provides labor to perform on-site troubleshooting to localize and diagnose faults

Provides labor to perform on-site correction of problems, perform repairs and adjustments to restore system operation

Provides labor to perform on-site scheduled semi- annual comprehensive recertification for adjustments, alignments and repairs

User Training

Provide annual train the trainer for UNL Athletics staff that will train the suite host/hostess.

Training is done either onsite or remote via videoconference and must be scheduled a week in advance

Updated Training Material

Shipping

Ground shipping on repaired equipment is covered

Optional Plus Services (Provides option plus support as indicated below)

Additional preventative maintenance visits Memorial Stadium Full System Checks 2 times a year (4-6 weeks prior to Spring Game, and 4-6 weeks prior to 1st home game of season)

Event support Provide 2 Technicians for Each Home Game in the 2023 Season on site, Husker to provide game tickets and access

Additional preventative maintenance visits Devaney Main Arena Full System Checks 2 times a year (4-6 weeks prior to Spring Game, and 4-6 weeks prior to 1st home game of season)

Event support Provide 1 Technicians for for each game during the season opening Ameritas Players Challenge Tournament in the 2024, Husker to provide game tickets and access

Support incident timing definitions during ECC normal business hours which are Monday through Friday 7:30am-4:30pm:

Exclusion

SCOPE OF WORK

BILL TO JOB LOCATION

Company: UNL ATHLETIC DEPT Company: DEVANEY SPORTS CENTER Date: 8/8/2024

Address: ONE MEMORIAL STADIUM Address: 1600 COURT ST. Sales Rep: Mark Allen

PO BOX 880120 LINCOLN, NE 68508 Phone: (402) 465 6929

LINCOLN, NE 68588 Email: mallen@eccoinc.com

Contact: Scott Guthrie Contact: Expiration Date: 9/7/2024

Phone: Phone:

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