DOC1720432787.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 CAST INC Contact Laura Sampson

Sourcing Agent Sarah J Johnson Email lsampson@cast.org

REQUESTING DEPARTMENT

Participating Campuses

UNK

Administrative Unit/Dept.

Ofc Institutional Engagement

Department Contact Koree K Ingebretsen-Schueler- schuelerk@unk.edu

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

This contract will provide UDL Monthly coaching to 30 participants across the UNK campus. Services will be provided remotely. Cost is a total of $13,100

Contract Document Document Amt Total Amt Start Date End Date Notes

Legal & Policy Compliance Addendum

$13,100.00 $13,100.00 10/06/2025 05/31/2026

COMPETITION/BID INFORMATION

Bid Number NA

Competition Under 25K

Contract Information

NA

INTERNAL USE ONLY

CW36545

50 Salem St., Building B, Suite 303 Lynnfield, MA 01940

781.245.2212 781.245.5212 cast.org

@CAST_UDL

Contract between CAST and University of Nebraska at Kearney

Contract Information

Contract Number: WF-FY26-008

Date: August 15, 2025

To: Maha Younes

Associate Vice Chancellor for Innovation and Engagement

University of Nebraska at Kearney

2504 9th Ave

Kearney, NE 68849 younesm@unk.edu

From: CAST, Inc.

50 Salem St Building B, Ste 303 Lynnfield, MA 01940-0030

This is an agreement in which University of Nebraska at Kearney agrees to pay $13,100 USD to

CAST, Inc. for the following professional learning services:

Service: 6-month UDL Monthly Coaching & Leadership Development

In-person or Remote: Remote

Maximum Number of Participants: 30

Number of Presenters: 1

Date(s) of Work: October 2025 – May 2026 (exact dates TBD) Cost:

$13,100

As a courtesy to participants who miss virtual trainings, CAST will provide client access to the recording(s) for the duration of the contract term. After this timeframe, the links will expire, and the recording(s) will be deleted. Extended access to recording(s) requires fees, advance notice, and must be included in the original contract agreement. Please note the recordings cannot be shared beyond the participant group identified in the contract. Recordings are also prohibited from being sold.

All services provided in this agreement will not be subject to government withholding, nor be subject to additional government taxes. Any withholdings or additional government taxes must be outlined by the client and agreed upon before services are delivered. Government withholdings or additional taxes will result in an increase in contract cost.

All CAST training material is proprietary and cannot be reused without explicit permission.

CAST reserves the right to list the client organization on our website and in any other publications unless specifically prohibited by client in writing.

Billing Information

An Invoice will be submitted once work has been completed and will be paid within 30 days.

Cancellation Policy

Cancellations made 30 days or more in advance of the event date will not be charged.

Cancellations made within 29 days – 8 days in advance of the event date will be charged 25% of the total contract amount. Cancellations made within 7 days of the event date will be charged 50% of the total contract amount.

Should inclement weather or other acts of God occur during the scheduled services, services can be rescheduled at a mutually agreed upon time, free of charge. If travel costs have been incurred before a cancellation decision has been made, the cost will be incurred by the client.

Urgency Fee

For contracts executed with less than 30 days until the start date of the first event, we will charge an urgency fee of 10% of the contract total.

Change Fee

For contracts undergoing significant changes (more than one revision after signing), we will charge a change fee of 10% of the contract total.

Please sign below and return one copy of the contract to:

Monica Pascoa, mpascoa@cast.org CAST, Inc.

50 Salem St Building B, Ste 303 Lynnfield, MA 01940-0030

TO BE COMPLETED BY CLIENT

Billing Contact Information Please provide the following information for the billing contact for this contract. This is the person to whom CAST will send the service fee invoice.

Accounts Payable First Name: Megan

Accounts Payable Last Name: Fryda

Title: Director of Academic Resources and Institutional Research

Department: Academic Resources and Institutional Research

Organization: UNK

Street: 2504 9th Ave

City: Kearney

Zip Code: 68849

State/Province: NE

Country: USA

Email: frydamm@unk.edu

Signatures

CAST, Inc.

Authorized Signer on behalf of CAST: Date:

Client Organization Representative

Signature: Date:

09/15/25 | 11:51 PDTMonica Pascoa

09/15/25 | 15:52 CDT

Scott Benson

Title: Legal and Policy Compliance Addendum Revised: 160425

University of Nebraska Legal and Policy Compliance Addendum

This University of Nebraska Legal and Policy Compliance Addendum (the “Addendum”) to the Contract between CAST and University of Nebraska at Kearney dated concurrently with this Addendum (the

“Agreement”) is effective 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 CAST, INC. (“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. Any legal action by Supplier in relation to the Agreement shall 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 acts or omissions of Supplier and its officers, employees, agents, and subcontractors under the Agreement.

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. Taxes and Fees. University is generally exempt from payment of state sales and use taxes and local occupation taxes within the State of Nebraska. University will furnish exemption certificates upon written request by Supplier. If Supplier is required to pay any taxes from which University is exempt as a result of doing business with University, Supplier shall be solely responsible for the payment of those taxes.

Revised: 160425

If a tariff is imposed on any Deliverables provided under this Agreement, each party shall pay an equal share of the costs of such tariff.

7. 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 not been excluded or debarred or otherwise become ineligible to participate in federal health care programs pursuant to 42 USC § 1320a-7. The certification and warranty set forth in this section shall be an ongoing certification and warranty during the term 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.

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

9. 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 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 shall 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 under this section shall constitute a complete waiver of any and all claims for damages caused by any such release.

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

If the Agreement is for $15,000 or more and involves federal funds, then Supplier shall comply with 41 CFR

§§ 60-300.5(a) and 60-741.5(a), which are incorporated herein by this reference. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and require action to employ and advance in employment individuals without regard to disability or veteran status.

If Supplier has fifty (50) or more employees and the Agreement involves payment of $50,000 or more in federal funds to Supplier, then Supplier shall develop or maintain a program as described in 41 CFR 60‐

741, subpart C. If Supplier has fifty (50) or more employees and the Agreement involves payment of https://statecontracts.nebraska.gov/

Revised: 160425

$150,000 or more in federal funds to Supplier, then Supplier shall develop or maintain a program as described in 41 CFR 60‐300, subpart C. To the extend any of the provisions of Appendix II to 2 CFR Part

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

11. Nondiscrimination. Neither Supplier nor any of its subcontractors shall discriminate against any employee, or applicant for employment to be employed in the performance of the 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. §§ 48-1101 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 shall not use University’s name in any manner that acts as an endorsement or is an appearance of any endorsement in any promotion, advertisement, solicitation, or other communication, especially as it relates to 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 (a) there is no unresolved actual or potential conflict of interest related to the Agreement and (b), if Supplier is a University employee, immediate family member of a University employee, or business associated with a University employee and the Agreement is valued at $2,000 or more, Supplier has, prior to execution of the

Agreement, provided written notification to the vice president for business and finance or relevant vice chancellor for business and finance, as applicable, of Supplier’s status as, relation to, or association with a

University employee and of the Agreement. If an actual or potential conflict of interest related to the

Agreement arises during the Term, Supplier shall provide to the vice president for business and finance or relevant vice chancellor for business and finance, as applicable, a written disclosure statement that describes all relevant information concerning the actual or potential conflict of interest. If the actual or potential conflict of interest cannot be resolved or University determines Supplier’s certification set forth in this section is false, 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 $1,000,000.00 per occurrence, and $3,000,000.00 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 $10,000,000.00 per occurrence and in the aggregate to cover such liability resulting or arising from acts, errors, or omissions in rendering such

Revised: 160425 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 shall, upon request, 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 this Addendum.

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 effective date of the termination. In the event of unavailability of funding, University shall not be liable for any penalty, expense, or liability, or for general, special, incidental, consequential, or other damages resulting therefrom.

20. No Personal Liability. In no event shall any regent, official, officer, employee, agent, or student of

University be personally liable or responsible for any representation, statement, covenant, warranty, or obligation contained in, or made in connection with, the Agreement, express or implied.

21. Foreign Adversary Certification. The terms in this section defined in Neb. Rev. Stat. § 73-903 shall have the meaning defined therein. If the Agreement is for a technology-related product or service and no exception set forth in Neb. Rev. Stat. § 73-906(2) applies, Supplier certifies that it is not a scrutinized company, it will not subcontract with any scrutinized company for any aspect of performance of the

Agreement, and any products or services provided under the Agreement do not originate with a scrutinized company. The certification set forth in this section shall be an ongoing certification during the term of the

Agreement and Supplier shall immediately notify University of any change in the status of the certification set forth in this section.

22. Unenforceability of Certain Terms. For the purposes of this section, “University” expressly includes any University employee acting in the course and scope of employment. 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 making the Agreement period perpetual, providing for unlimited renewals of the

Agreement, or 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 to indemnify or to hold harmless Supplier or any third party for any act or omission;

Revised: 160425

d. Any term imposing interest charges contrary to those allowed by Neb. Rev. Stat. § 81-2404;

e. 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 courts other than the courts of the State of Nebraska;

f. Any term limiting the time period within which claims can be made or actions can be brought;

g. Any term waiving the sovereign immunity of the State of Nebraska;

h. Any term limiting Supplier’s or any third party’s liability for damages to University 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;

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

j. Any term obligating University to pay attorneys’ fees;

k. Any term requiring the confidentiality of records in contravention of the Nebraska public records statutes, Neb. Rev. Stat. §§ 84-712 to 84-712.09;

l. Any term binding University 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;

m. Any term requiring University to endorse or perform any act that may be perceived as an endorsement of a commercial good or service, Supplier, or any third party;

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

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

[Signature page to follow]

Revised: 160425

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 University shall be sent to:

Megan Fryda frydamm@unk.edu

Koree Schueler schuelerk@unk.edu

Notices to Supplier shall be sent to:

Monica Pascoa, CAST, Inc.

50 Salem St Building B, Ste 303 Lynnfield, MA 01940-0030

With copy to:

Legal Notices C/O P2P Procurement Contracts 1700 Y Street, BSC 125 Lincoln, NE 68588-0645 mpascoa@cast.org

With copy to (optional):

4890-8857-9324, v. 15

Workforce Operations & Project Coordinator

Monica Pascoa

09/15/25 | 11:51 PDT

Interim Vice Chancellor for Business & Finance

Scott Benson

09/15/25 | 15:52 CDT

mailto:frydamm@unk.edu mailto:schuelerk@unk.edu mailto:mpascoa@cast.org

Certificate Of Completion Envelope Id: 5C8B450C-3172-4704-BE78-11920C7D09C2 Status: Completed

Subject: CW36545 - CAST UDL Training 2025-26

Source Envelope:

Document Pages: 11 Signatures: 4 Envelope Originator:

Certificate Pages: 5 Initials: 0 Sarah Johnson

AutoNav: Enabled

EnvelopeId Stamping: Disabled

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

1400 R Street

LINCOLN, NE 68588

sjohnson208@nebraska.edu

IP Address: 35.223.106.21

Record Tracking Status: Original

9/10/2025 4:48:21 PM

Holder: Sarah Johnson sjohnson208@nebraska.edu

Location: DocuSign

Signer Events Signature Timestamp Monica Pascoa mpascoa@cast.org

Workforce Operations & Project Coordinator

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

Using IP Address:

2600:8805:9a14:800:10f2:c660:460d:9371

Sent: 9/10/2025 4:51:23 PM

Resent: 9/15/2025 9:20:57 AM

Resent: 9/15/2025 1:29:27 PM

Viewed: 9/15/2025 1:51:02 PM

Signed: 9/15/2025 1:51:39 PM

Electronic Record and Signature Disclosure:

Accepted: 9/15/2025 1:51:02 PM ID: a5832f93-c9b1-43ac-92c8-eedd8af86f5c

Scott Benson bensonsa1@unk.edu

Interim Vice Chancellor for Business & Finance

University of Nebraska at Kearney

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 144.216.255.220

Sent: 9/15/2025 1:51:41 PM

Viewed: 9/15/2025 3:36:01 PM

Signed: 9/15/2025 3:52:30 PM

Electronic Record and Signature Disclosure:

Accepted: 7/28/2025 3:49:32 PM ID: 90b86ce6-80ee-4202-9888-841983dc187d

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 Koree K Ingebretsen-Schueler schuelerk@unk.edu

Security Level: Email, Account Authentication (None)

Sent: 9/15/2025 3:52:31 PM

Viewed: 9/15/2025 3:53:35 PM

Electronic Record and Signature Disclosure:

Accepted: 8/9/2024 8:24:06 AM ID: 28989915-9c68-4a2e-98bb-06387b2c36cf

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/10/2025 4:51:23 PM

Envelope Updated Security Checked 9/15/2025 1:29:26 PM

Envelope Updated Security Checked 9/15/2025 1:29:26 PM

Envelope Updated Security Checked 9/15/2025 1:29:26 PM

Certified Delivered Security Checked 9/15/2025 3:36:01 PM

Signing Complete Security Checked 9/15/2025 3:52:30 PM

Completed Security Checked 9/15/2025 3:52:31 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: Monica Pascoa, Scott Benson, Koree K Ingebretsen-Schueler

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