DOC1687956968.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 American Red Cross Contact brianna.santacruzhar@train.re dcross.org

Sourcing Agent Anthony Taylor

REQUESTING DEPARTMENT

Participating Campuses

UNO

Administrative Unit/Dept.

Marla Jo Smith-Hester

Department Contact

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

Facility/Pool Rental for teaching an Aquatic Academy. Instructor Academies for lifeguard instructor trainers and water safety instructor training.

Contract Document Document Amt Total Amt Start Date End Date Notes

Master Agreement $0 $0 10/1/2025 6/30/2028

COMPETITION/BID INFORMATION

Bid Number N/A

Competition Zero-Dollar

Contract Information

N/A

INTERNAL USE ONLY

CW30844

1 American National Red Cross (10-2024)

TEMPORARY LICENSE AGREEMENT

FOR THE USE OF AQUATIC FACILITIES

(POOL AND ADJACENT SPACE)

TERMS AND CONDITIONS

This Temporary License Agreement (the “Agreement”) is by and between the Host and

Pool User named below, effective as of the last date of signature set forth below (the

“Effective Date”), for the purpose of permitting Pool User to use and occupy, on a temporary basis, the Space, as defined below.

Owner or Manager of the Facility (the “Host”):

Legal Name of the User of the Space (the “Pool User”):

The American National Red Cross, a nonprofit corporation, a Federally chartered instrumentality of the United States, and a body corporate and politic under the laws of the United States (36 U.S.C. §§ 300101-300111 (1998)).

Date Upon which the Pool User May Begin to Use the Space (the “Start Date”):

Date Upon Which the Pool User Must Vacate the Space (the “Expiration Date”):

Host’s Business Address:

Pool User’s Business Address:

Street Address of the Building Where the Space is Located (the “Facility”):

The Board of Regents of the University of Nebraska by and on behalf of the University of

Nebraska at Omaha

10/1/2025

6/30/2028

6001 Dodge Street H & K Pool

431 18th Street NW, Washington, DC 20006

6323 Maverick Plz Omaha, NE 68182

2 American National Red Cross (10-2024)

0.00

General Description of Licensed Classroom and Pool Space (the “Space”):

1. Grant of License. Host grants Pool User the right to use the Space for the purpose of teaching aquatic classes (the “Classes”). Pool User shall have the non-exclusive right to use, in common with Host and the other users, all exterior and interior, if any, common and public areas and facilities benefitting the Facility, including, without limitation, as applicable, all lobbies, bathrooms, locker rooms, stairwells, freight and passenger elevators, hallways, beneficial easements, driveways, sidewalks, parking, loading areas, and landscaped areas benefitting the Facility.

This Agreement is not a lease and Pool User is granted no leasehold interest in the

Space. The license provided to Pool User, as described in this section shall be referred to as the “License.”

2. Term. Pool User’s right to use and occupy the Space shall begin on the Start Date and shall end on the Expiration Date (the “Term”). On or before the Expiration

Date, Pool User shall vacate the Space and the Facility.

3. Termination. In addition to any other remedies the party may have under law or equity, a party may terminate this Agreement for cause upon thirty (30) days' written notice to the other party of a material breach if such breach remains uncured at the expiration of such period. A party may terminate this Agreement for its convenience upon thirty (30) days’ prior written notice to the other party. Upon termination of this Agreement, (a)

Pool User shall promptly return to Host any property provided by Host to Pool User under this Agreement; (b) Pool User shall promptly return to Host all information and data accumulated by Pool User in performing this Agreement in a mutually acceptable format and manner; and (c) Pool User shall vacate the Space and the Facility.

4. License Fee. Pool User shall pay, as a license fee, the amount of $ to Host. Pool

User shall provide Host with one (1) seat, at no cost, per academy hosted at the Facility.

5. Pool User’s Conduct. Pool User will not disrupt, adversely affect, or interfere with other occupants of the Space and Facility, and agrees to keep the Space in clean and neat condition.

6. Condition of Space and Facility. Host shall comply with all legal codes, requirements, rules and regulations regarding the cleanliness, maintenance and safety conditions of the Space and the Facility, and pursuant to those requirements of the Aquatics Facility Checklist, as attached. If Host shall know or shall have reason to know of a latent danger either existing as of the Effective Date or as reasonably anticipated, Host will notify Pool User promptly and offer a reasonable, proportionate and timely remedy. Host will address any concerns

The pool, Natatorium, and classrooms located at the Facility.

3 American National Red Cross (10-2024) regarding safety immediately.

7. Indemnification. Pool User shall defend, indemnify, and hold harmless Host, its regents, officers, employees, agents, and students (the “Indemnified Parties”), for any loss, claim, damage, expense, or liability of any kind, including reasonable attorneys’ fees and costs, to the extent arising out of or in connection with the negligent acts or willful omissions of Pool User and its officers, employees, agents, and subcontractors under this Agreement

8. Warranties.

a. Host represents and warrants that the Space is in compliance with the attached

Aquatics Facility Checklist, and agrees to maintain the Space and to provide and actively manage certified lifeguards at the Space, in compliance with all applicable local, state and federal rules and regulations.

b. Pool User warrants and represents that each of its employees and agents to perform any services in connection with the License and/or the Classes shall have the skills, training, and background reasonably commensurate with their level of performance or responsibility, to be able to perform in a competent and professional manner that is consistent with industry standards. Pool User further warrants the services provided in connection with the License and the Classes will conform to the requirements of this

Agreement and that, in performing these aforementioned services, Pool

User will not be in breach of any agreement with a third party. The foregoing warranties are conditions to this Agreement and are in addition to all other warranties, expressed or implied, and shall survive any delivery, inspection, acceptance, or payment by Host. All warranties shall run to Host. If any warranties specified herein or otherwise applicable are breached by Pool User, Host may, at its election, require Pool User to re-perform the improperly performed services, that were provided in connection with the License and/or the Classes or terminate this

Agreement. Pool User shall hold Host harmless from any loss, damage, or expense, including court costs and reasonable attorneys’ fees, that Host may suffer as a result of a breach or alleged breach of the foregoing warranties. The foregoing remedies are in addition to all other remedies

Host may have at law or in equity.

9. Insurance. Host and Pool User shall each carry, throughout the Term, commercial general liability insurance against claims for bodily injury, death, and property damage in the amount of at least $1,000,000 per occurrence and $3,000,000 general aggregate to cover such liability caused by, or arising out of, their respective activities while performing in or preparing to perform the obligations imposed by

4 American National Red Cross (10-2024) this Agreement. Host may satisfy its insurance obligations under this Agreement through a self-insurance program established under Neb. Rev. St. § 85-1,126 (the

“Program”). Subject to the terms, conditions, exclusions, and limits of the Program, the Program shall pay on behalf of Host, during any of its fiscal years, all sums for which Host shall become legally obligated to pay as damages for liability occurrences, up to the limits of $1,000,000 per liability occurrence and $3,000,000 in the aggregate of liability occurrences in any fiscal year. The Program may be evidenced by a Statement of Self-Insurance Coverage.

Pool User shall maintain worker’s compensation insurance as required by law and shall provide certificate of same if requested by Host. Failure to provide a certificate of worker’s compensation insurance may, at Host’s option, result in termination of this Agreement.

10. No Assignment. Pool User shall not have any right to assign, transfer, or sublicense this Agreement.

11. Notice. Notice shall be deemed to have been duly given three (3) business days after having been mailed by certified or registered mail, return receipt requested, or upon receipt if delivered by hand or recognized overnight delivery service, to the receiving party’s address listed below in this Section 11. Either party may change its address for the purpose of notice hereunder by providing the other party with notice of the new address.

Notices to Host shall be sent to:

Zach McGee, Campus Recreation

& Wellness

6323 Maverick Plz

Omaha, NE 68182

Notices to Pool User shall be sent to:

American Red Cross

Attn: Service Delivery

431 18th Street NW

Washington DC 20006

With copy to:

Legal Notices

C/O P2P Procurement

Contracts

1700 Y Street, BSC 125

Lincoln, NE 68588-0645

With copy to (optional):

American Red Cross

Attn: Office of the

General Counsel

431 18th Street NW

Washington, DC 20006

12. Governing Law and Binding Effect. This Agreement shall be governed by the laws of the state in which the Facility is located, without giving effect to its choice or conflict of law rules. This Agreement shall be binding on the parties and their respective, successors, transferees and assigns.

5 American National Red Cross (10-2024)

13. Relationship of Parties. No agency, partnership, or joint venture is created by this

Agreement. The parties affirmatively disclaim any intent to form such relationship. Pool User is solely responsible for maintenance and payment of insurance and the like that may be required by federal, state, or local law with respect to any sums paid hereunder. Pool User is not Host’s agent or representative and has no authority to bind or commit Host to any agreements or other obligations.

14. Work Status Verification. Pool User 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.

15. Nondiscrimination. Pool User nor any of its subcontractors shall not discriminate against any employee, or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions, or privilege of employment because of the race, color, religion, sex, disability, or national origin of the employee or applicant in accordance with the Nebraska Fair

Employment Practice Act (Neb. Rev. Stat. §§ 48-1102 to 48-1125).

16. 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 Host’s community. Prohibited types of discrimination include discrimination on the basis of 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. Pool User shall exercise control over itself, its employees, agents, contractors, and affiliated parties to prohibit acts of discrimination, including sexual harassment, against Host students, employees, and other members of the Host community. Pool User shall cooperate with Host following any report of discrimination. In the event Host determines that Pool User or an employee, agent, contractor, or other person affiliated with Pool User has engaged in discrimination, including harassment, or other inappropriate conduct, Pool User will take prompt and effective action, in accordance with Host’s direction, to prevent recurrence of the conduct and to correct its effects, which may include removal of Pool User or the employee, agent, contractor, or other person affiliated with Pool User from providing services in connection with the License and/or the Classes. Pool User’s failure to comply with

Host’s directive or any other part of this provision may be cause for immediate termination of this Agreement. Pool User acknowledges that Host may have

6 American National Red Cross (10-2024) obligations to report any allegations or incidents of discrimination, including sexual harassment. Pool User and employees, agents, contractors, and other persons affiliated with Pool User who are directly providing the license provided by this Agreement or present on Host premises shall participate in any training as may be required by Host from time to time, including training regarding sexual harassment.

17. Criminal Background Investigations. If applicable, Pool User represents and warrants that Pool User has obtained, at its own expense and in a manner compliant with all applicable laws, a background screening for all of its employees who will be present on Host premises. Such background screenings shall be completed consistent with current industry standards and shall, at a minimum, include the same degree of thoroughness as the background checks Host conducts for its newly hired staff. Pool User shall update any background screening upon reasonable request by Host and any request based upon the occurrence of any illegal activity involving Pool User or its personnel, or the reasonable suspicion of illegal activity shall be deemed reasonable. Pool User shall provide Host with evidence of the completion of the required background screenings upon Host 's request. Alternatively, in the event Pool User is an individual, Host may require

Pool User complete a background check consistent with current industry standards at Host’s request. Pool User shall not hire, retain, or engage any individual directly involved in the performance of services in connection with the

License and/or the Classes 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. Pool

User and Pool User’s employees or agents directly performing services in connection with the License and/or the Classes cannot be listed on any sex offender registry. Other convictions, such as misdemeanor assault, drug distribution activity, felony drug possession, and any other felony or crime involving moral turpitude may also render Pool User and Pool User’s employees or agents ineligible to directly perform services in connection with the License and/or the

Classes, 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. Pool User and Pool

User’s employees or agents cannot be listed on any sex offender registry. Pool User shall ensure any third party with whom Pool User engages to provide any part of services in connection with the License and/or the Classes shall comply with the same restrictions, conditions, and requirements of this section in the same capacity as Pool User.

7 American National Red Cross (10-2024)

18. Subcontractors. Pool User shall not subcontract all or substantially all of any facet of the services it provides in connection with the License and/or the Classes without the prior written approval of Host. Pool User shall be fully responsible for the acts and omissions of its subcontractors and of the persons directly or indirectly employed by them. Every subcontractor shall be bound by the terms of this Agreement; provided, however, that no contractual relationship shall exist between any subcontractor and Host, unless evidenced in a separate contract independent of this Agreement with Pool User

19. Logos or Host’s Marks. Pool User shall not use or display any Host name, logo, trademark, service mark (individually a “Mark” and collectively the “Marks”) and/or other indicia designated by Host as a source identifier, unless expressly authorized in writing by Host. Any unauthorized use of Marks is expressly prohibited.

20. Public Records. Under Neb. Rev. Stat. §§ 84-712 to 84-712.09, information or records of or belonging to Host regarding, related to, or part of this Agreement will be open to public inspection and copying unless exempted from disclosure in accordance with Host’s interpretation and application of applicable law. It shall be the sole responsibility of Pool User (a) to notify Host 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, Pool User shall defend any challenge to such requested redactions at its own expense. Pool User’s failure to request redactions to any information or records released by Host under this section shall constitute a complete waiver of any and all claims for damages caused by any such release.

21. Authority. Each party represents and warrants that it has the full power and authority to execute, deliver and perform under this Agreement.

22. Entire Agreement. This Agreement, together with the attached Aquatics Facility

Checklist and any amendment to this Agreement, constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings between the parties with respect to the subject matter hereof. This Agreement may not be amended except by an agreement signed by Pool User and Host.

[Signature page to follow]

8 American National Red Cross (10-2024)

The parties have entered into this Temporary License Agreement as of the date set forth below.

“POOL USER”

AMERICAN NATIONAL RED CROSS

By:

(Signature)

Name:

Title:

Date:

“HOST”

BOARD OF REGENTS OF THE

UNIVERSITY OF NEBRASKA

By:

(Signature)

Name:

Title:

Date:

Sandy Lovett

08/19/25 | 12:59 CDT

Sr. Director

Zach McGee

08/19/25 | 13:34 CDT

Assistant Director of Aquatics Asst Vice Chancellor and Controller, Business and Finance

08/19/25 | 13:55 CDT

Jessie Combs

9 American National Red Cross (10-2024)

Aquatics Facility Checklist

Host shall:

1. Provide pool, safety equipment and classroom space in clean and good condition free from latent dangers and in compliance with all local, state and federal rules and regulations, including:

a. A classroom or other space with adequate space for participant seating and the ability to practice applicable course skills;

b. A pool area solely for the use of American Red Cross classes, or if not, a defined, dedicated area for use pursuant to this Agreement, as clearly specified to your

Red Cross Contact during the times specified on the attached “Red Cross

Schedule of Facility Use”.

c. The following equipment during classes:

i.

ii.

iii.

Backboards (how many)

Rescue Tubes (how many)

Audio-visual devices (please describe

iv. Other (please describe N/A

2. Provide a copy of the pool’s Emergency Response Plan & an orientation to Facility’s emergency equipment.

3. Provide and actively manage an American Red Cross certified lifeguard, or otherwise verifiably certified pursuant to all local, state and federal rules and regulations, during each class.

4. Be responsible for the security of the Facility and will be responsible for locking the

Facility after each Class.

5. Provide evidence of insurance pursuant to this Agreement.

6. Immediately address any site-related safety concerns.

Optional:

□ Desk space to provide the classes N/A sq ft

□ Classroom space in close proximity of pool

Pool space:

□ Entire pool

□ number of lanes of pool

□ Other area defined as N/A

TV Projection Setup

10 American National Red Cross (10-2024)

RED CROSS SCHEDULE OF FACILITY USE

• Log dates and hours of use of Space.

• Specify whether classroom or pool use is planned.

• Should any changes to the planned schedule occur, record those changes.

• Any changes should be dated and initialed by both Host and Pool User.

Date Time In Time Out Space Changes/Notes Host Sig User Sig

Certificate Of Completion Envelope Id: B90E6FD4-BF64-4E7E-B0E8-A52473352082 Status: Completed

Subject: CW30844 - COVER SHEET.docx

Source Envelope:

Document Pages: 11 Signatures: 3 Envelope Originator:

Certificate Pages: 5 Initials: 0 Anthony Taylor

AutoNav: Enabled

EnvelopeId Stamping: Disabled

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

1400 R Street

LINCOLN, NE 68588

ataylor68@nebraska.edu

IP Address: 35.223.106.21

Record Tracking Status: Original

8/19/2025 12:43:34 PM

Holder: Anthony Taylor ataylor68@nebraska.edu

Location: DocuSign

Signer Events Signature Timestamp Sandy Lovett

Sandy.lovett@redcross.org

Sr. Director

The American National Red Cross

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address:

2600:4040:201a:c600:3c9e:cc4d:8d88:ad11

Sent: 8/19/2025 12:47:48 PM

Viewed: 8/19/2025 12:59:17 PM

Signed: 8/19/2025 12:59:34 PM

Electronic Record and Signature Disclosure:

Accepted: 8/19/2025 12:59:17 PM ID: ffd8ca07-6ecb-4856-b103-96cdc9640f36

Zach McGee zmcgee@unomaha.edu

Assistant Director of Aquatics

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

Using IP Address: 137.48.255.218

Sent: 8/19/2025 12:59:36 PM

Viewed: 8/19/2025 1:33:35 PM

Signed: 8/19/2025 1:34:52 PM

Electronic Record and Signature Disclosure:

Accepted: 8/19/2025 1:33:35 PM ID: ea35695c-e5a3-4c29-b311-795533e13de7

Jessie Combs jessiecombs@unomaha.edu

Asst Vice Chancellor and Controller, Business and

Finance

University of Nebraska Omaha

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 134.238.165.79

Sent: 8/19/2025 1:34:54 PM

Viewed: 8/19/2025 1:55:09 PM

Signed: 8/19/2025 1:55:56 PM

Electronic Record and Signature Disclosure:

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

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp Zachary McGee zmcgee@unomaha.edu

Security Level: Email, Account Authentication (None)

Sent: 8/19/2025 12:47:47 PM

Electronic Record and Signature Disclosure:

Accepted: 8/19/2025 1:33:35 PM ID: ea35695c-e5a3-4c29-b311-795533e13de7

Brianna Harden

Brianna.santacruzhar@redcross.org

Senior Operations Support Specialist

American Red Cross

Security Level: Email, Account Authentication (None)

Sent: 8/19/2025 12:47:47 PM

Viewed: 8/19/2025 12:48:32 PM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

Zachary McGee zmcgee@unomaha.edu

Assistant Director of Aquatics

Security Level: Email, Account Authentication (None)

Sent: 8/19/2025 1:55:57 PM

Electronic Record and Signature Disclosure:

Accepted: 8/19/2025 1:33:35 PM ID: ea35695c-e5a3-4c29-b311-795533e13de7

Brianna Harden

Brianna.santacruzhar@redcross.org

Senior Operations Support Specialist

American Red Cross

Security Level: Email, Account Authentication (None)

Sent: 8/19/2025 1:55:58 PM

Viewed: 8/19/2025 2:01:12 PM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

Marla Jo Smith-Hester msmith-hester@unomaha.edu

Security Level: Email, Account Authentication (None)

Sent: 8/19/2025 1:55:59 PM

Viewed: 8/19/2025 2:01:02 PM

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 8/19/2025 12:47:47 PM

Certified Delivered Security Checked 8/19/2025 1:55:09 PM

Signing Complete Security Checked 8/19/2025 1:55:56 PM

Completed Security Checked 8/19/2025 1:55:59 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: Sandy Lovett, Zach McGee, Jessie Combs, Zachary McGee, Zachary McGee

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