DOC1846452979.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 J F AHERN CO AHERN FIRE PROTECTION Contact James Jarvis

Sourcing Agent Erin Urso Email jjarvis@jfahern.com

REQUESTING DEPARTMENT

Participating Campuses

UNMC

Administrative Unit/Dept.

Facilities Management

Department Contact Jeremiah Dumke / jdumke@nebraskamed.com

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

Contract for FY26-FY28 annual, semi-annual, and quarterly Fire sprinkler and special hazard inspections for all UNMC Building required by NFPA 25 and 101.

Annual fire extinguisher inspections required per NFPA 10 and 101. State regulation apply.

Contract Document Document Amt Total Amt Start Date End Date Notes

MSA & NU

Addendum

$ 324,847 $ 324,847 11/11/2025 06/30/2028

COMPETITION/BID INFORMATION

Bid Number NM #BW 10987

Competition Formal Bid (TNMC)

Contract Information TNMA MSA & NU Addendum. Reviewed and approved by NM & NU General Counsel.

INTERNAL USE ONLY

CW38811

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Title: Cooperative Agreement Addendum Revised: 241024

University of Nebraska Cooperative Agreement Addendum

This University of Nebraska Cooperative Agreement Addendum (the “Addendum”) is made and entered as of the date of the last signature set forth below between the Board of Regents of the University of Nebraska a public body corporate, by and on behalf of the University of Nebraska Medical Center (“University”), and

J. F. Ahern Co. (“Supplier”).

RECITALS

A. The Nebraska Medical Center, a Nebraska non-profit corporation (“Procuring Party”), has entered into a Master Services Agreement with the Supplier dated concurrently with this Addendum (the “Contract”).

B. The Contract allows University to purchase the goods, services, or both provided under the

Contract under the terms of the Contract.

C. With the exceptions noted in this Addendum, University wishes to purchase the goods, services, or both provided under the Contract under the terms of the Contract.

D. Certain provisions of the Contract are only applicable to Procuring Party or cannot be accepted by

University as a matter of law or policy of the State of Nebraska and the University of Nebraska.

E. With respect to the contractual relationship between Supplier and University only, Supplier is willing to modify the Contract as set forth in this Addendum.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants set forth in the Contract, herein, and the above recitals, which are incorporated herein by this reference, the parties agree as follows:

1. Entire Agreement; Priority of Documents. The Contract and this Addendum and any statement of work or similar document attached to this Addendum for work to be performed for the benefit of University

(collectively the “Agreement”) constitute the entire understanding between University and Supplier with respect to the subject matter hereof. The Agreement between University and Supplier consists of and precedence is established by the order of the following documents: 1) duly executed amendments to the

Agreement (to the extent not superseded by a subsequent amendment); 2) this Addendum; 3) any statement of work or similar document attached to this Addendum for work to be performed for the benefit of University, and 4) the Contract. For clarification, Procuring Party is not a party to this Addendum and has no obligations hereunder. In the event of conflicting or inconsistent provisions between any of the foregoing documents, a document identified with a lower numerical value in this section shall supersede a document identified with a higher numerical value in this section to the extent necessary to resolve any such conflict or inconsistency. Provided, however, that in the event an issue is addressed in one of the foregoing documents but is not addressed in another of such documents, no conflict or inconsistency shall be deemed to occur.

2. Contract. University is bound by the Contract, except as modified by this Addendum, as if it were

Procuring Party , and the Contract shall be deemed to be a two-party agreement between University, on the one hand, and Supplier, on the other hand. In any term in the Contract that, by its context, may be construed to apply to the contract relationship between University and Supplier, the term “TNMC” shall be construed to mean the Board of Regents of the University of Nebraska.

3. 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.

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4. 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).

5. Liability. To the fullest extent allowed by law, Supplier shall defend, indemnify, and hold harmless

University, its regents, officers, employees, agents for any third party loss, claim, damage, expense, or liability to the extent arising out of the negligent acts or omissions of Supplier and its officers, employees, agents, and subcontractors during Supplier’s performance under the Agreement and to the extent resulting in bodily injury or property damage. In no event shall Supplier be required to indemnify, defend or hold harmless University, its regents, officers, employees, agents for their negligence or willful misconduct.

6. 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.

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 this Agreement will be open to public inspection and copying unless exempted from disclosure in accordance with University’s interpretation and application of applicable law. It shall be the sole responsibility of 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.

https://statecontracts.nebraska.gov/

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10. Federal Funding Compliance. If this 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 this 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 this 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

$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 extent any of the provisions of Appendix II to 2 CFR Part

200 apply to this 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 of the Agreement, 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

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Revised: 241024 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 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 or Supplier 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

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Revised: 241024 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. 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 (or any University employee acting in the course and scope of employment) to indemnify or to hold harmless Supplier or any third party for any act or omission;

d. Any term 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 (or any University employee acting in the course and scope of employment) for any cause whatsoever related to: (i) intellectual property indemnity required by the Agreement; (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 (or any University employee acting in the course and scope of employment) to any method of resolution of disputes under the Agreement not instituted in accordance with the provisions of Neb. Rev. Stat. §§ 81-8,302 to 81-8,306;

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

n. Any term requiring the 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]

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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:

Jeremiah Dumke Facilities Life Safety Analyst 42nd & Emile Omaha, NE 68198

(402) 559-8164 jdumke@nebraskamed.com

Notices to Supplier shall be sent to:

Adam Krcilek General Manager 10301 S 152nd St #2 Omaha, NE 68138 AKrcilek@ahernfire.com

With copy to:

Legal Notices C/O P2P Procurement Contracts 1901 Y Street Lincoln, NE 68588 contracts@nebraska.edu

With copy to (optional):

4893-2346-0348, v. 9

James R. Jarvis

11-10-2025

EVP

Michael Hrncirik

11/13/25 | 22:33 CST

Assistant Vice Chancellor for Business F

CONFIDENTIAL

MASTER SERVICES AGREEMENT

This Master Services Agreement (the “Agreement”) is entered into as of July 1, 2025 (the “Effective Date”) by and between The Nebraska Medical Center, a Nebraska non-profit corporation, on behalf of itself and its Affiliates (“TNMC”), and Ahern Fire Protection, a division of J. F. Ahern Co.

(“Consultant”). For purposes of this Agreement, the term “Affiliates” shall be defined as any person or entity that is directly or indirectly controlling, controlled or managed by, or under common control with TNMC. For avoidance of doubt, Bellevue Medical Center, LLC shall be considered an Affiliate under this Agreement.

BACKGROUND

A. TNMC requires certain services related to fire safety inspections and has identified Consultant as qualified to provide such services; and

B. Consultant desires to provide such services, on the terms and conditions set forth herein.

NOW THEREFORE, in consideration of the mutual obligations set forth in this Agreement, the parties agree as follows:

1. Engagement. This Agreement sets forth the terms and conditions that shall apply to any request for services (the “Services”) made by TNMC to Consultant pursuant to this Agreement. All such requests shall be set forth in a Proposal (“Proposal” or “SOW”) and shall be effective only upon execution by both parties. Each SOW shall describe the Services to be performed by Consultant and the Work Product (defined herein) to be created by Consultant and provided to TNMC as part of the Services. If the terms of any SOW are inconsistent with the terms of this Agreement, the terms of this Agreement shall govern regardless of when such documents were executed.

2. Pricing. Each SOW shall include all costs of the Services in the SOW. TNMC will not reimburse Consultant for travel, lodging, meals, or other expenses incurred by Consultant unless agreed to by TNMC in the applicable SOW and such expenses are pre-approved in writing by TNMC, necessary, reasonable, and out-of-pocket.

3. Invoices; Payment Terms. Consultant shall provide TNMC with itemized invoices for such Services upon completion of the Services or at such other times as may be agreed to by TNMC and Consultant in the applicable SOW. TNMC agrees to pay correct and undisputed invoices within thirty (30) days after TNMC receives the same in writing from Consultant. In the event part of an invoice is in dispute, TNMC may pay the undisputed portion of the invoice and provide Consultant notice regarding any disputed portion.

4. Term. Unless terminated earlier in accordance with Section 5, this Agreement will be effective from the Effective Date for a term of twelve (12) months after the Effective Date. If the Consultant's Services are not completed by or before the anniversary of the Effective Date, the term of this Agreement shall renew for an additional term of twelve (12) months.

5. Termination.

a. Termination Rights. Notwithstanding the stated term, if either party is in breach of any of the terms of this Agreement, the other party will have the right to terminate this Agreement upon ten (10) days written notice to the defaulting party specifying such breach. Notwithstanding the foregoing, if the defaulting party cures the default within the ten (10) day period, this Agreement will continue in full force and effect. In

Docusign Envelope ID: 22D1D578-B561-4520-8D0F-0446CAB43B8D addition, TNMC may terminate this Agreement by providing thirty (30) days’ advance written notice to Consultant.

b. Work Product. Upon termination of this Agreement, TNMC shall pay Consultant in accordance with the payment provisions of this Agreement for any Work Product (defined herein) completed by Consultant hereunder and accepted by TNMC through the effective date of termination. Upon termination for any reason, Consultant shall immediately deliver to TNMC all Work Product in Consultant’s possession.

c. Survival. Any provision of this Agreement related to confidentiality, publicity and indemnification or which by its terms provides for survival shall survive the termination of this Agreement.

6. Cancellation; Discontinuance of Work. TNMC may, without penalty, cancel or delay the scheduled date or performance of Services upon thirty (30) days’ written notice. Upon receipt of such notice, Consultant shall discontinue performance of such SOW and conclude performance of such SOW in accordance with TNMC’s instructions. TNMC will pay Consultant’s costs actually incurred to the date of such cancellation (substantiated by documentation satisfactory to TNMC), for Services performed by Consultant as of the date of cancellation. Consultant will not be entitled to any damages on account of cancellation. If cancellation is partial, Consultant shall continue performance of those portions of the SOW which have not been canceled.

7. Fair Market Value. The parties agree that the fees for the Services are consistent with the fair market value for the Services and has not been determined in any manner that takes into account the volume or value of referrals between the parties or any of their Affiliates, and that the arrangement reflected in this Agreement is commercially reasonable.

8. Standard of Performance. In performing its obligations under this Agreement, Consultant will act in good faith and with reasonable diligence, and in compliance with any and all applicable Federal, State and local laws, rules, ordinances, guidelines and regulations.

9. Compliance with Law.

a. No Referrals. There is no agreement, express or implied, between TNMC and Consultant governing the referral of patients or business by virtue of this Agreement or any other arrangement or understanding between the parties.

b. TNMC Compliance Plan. The parties agree to interpret and implement this Agreement in accordance with policies, plans, and procedures adopted by TNMC, from time to time, as part of its compliance plan. Consultant shall be familiar with, follow, and if appropriate assist TNMC in applying TNMC's corporate compliance policies and initiatives applicable to all areas of Consultant's responsibilities hereunder.

c. Regulatory Compliance. Consultant shall perform services required hereunder in compliance with applicable federal, state, and local governmental laws, rules, and regulations, including, without limitation, those relating to the payment and withholding of taxes and those relating to third-party payment programs such as Medicare and Medicaid.

10. System Access Agreement. If Consultant requires access to TNMC’s network systems to complete the Services, the parties will enter into a System Access Agreement.

11. Confidential Information. Each party acknowledges that a party may disclose (“Disclosing Party”) to the receiving party (“Receiving Party”) or to the Receiving Party’s officers, directors, employees, consultants, contractors, subcontractors, agents, advisors and other representatives, certain confidential business and proprietary information and materials of the Disclosing Party, or the Disclosing Party’s Affiliates, (whether in written, electronic or oral form).

Work Product (defined herein) is deemed to be TNMC’s Confidential Information. Such confidential business or proprietary information includes, but is not limited to, information that is not generally known to the public and that is designated as confidential or otherwise should reasonably be understood as confidential given the nature and circumstances of its disclosure ("Confidential Information").

During the term of this Agreement and thereafter, the Receiving Party will not: (i) disclose to any third party any of the Confidential Information; (ii) permit any third party to have access to the Confidential Information; or (iii) use the Confidential Information for any purpose other than in connection with this Agreement. Notwithstanding the foregoing the term “Confidential Information” will not include any information or material that: (a) is or becomes available in the public domain through no fault of, or act or failure to act on the part of the Receiving Party;

(b) is rightfully in Receiving Party’s possession at the time of disclosure as evidenced by Receiving Party’s written records maintained in the ordinary course of business; or (c) is obtained by the Receiving Party from any third party that is lawfully in possession of such Confidential Information and not in violation of any contractual or legal obligation with respect to such Confidential Information.

Upon the written request of a Disclosing Party, the Receiving Party will promptly return to the Disclosing Party all written Confidential Information in its possession or in the possession of its employees or representatives or, at Disclosing Party’s option, will destroy, and direct its representatives to destroy, all such Confidential Information, and will provide to Disclosing Party evidence of such destruction.

12. Access to Facilities. During the term of this Agreement, TNMC will provide to Consultant, solely in conjunction with Consultant’s provision of the Services, access to applicable facilities and the TNMC’s systems as reasonably requested by Consultant in order to enable Consultant to perform the Services. Consultant and its personnel will at all times comply with the use, security and access policies at and for such facilities and TNMC’s systems for TNMC’s employees and visitors generally as may be in effect from time to time, including TNMC’s health, safety, environmental and security regulations and requirements.

13. Warranties.

a. Infringement. Consultant warrants that any Work Product produced will not infringe, violate, or misappropriate the patent, trademark, copyright, trade secret or any other intellectual property right of any third party.

b. Virus. Consultant warrants and represents that, at the time any Work Product is delivered to TNMC, no portion of the Work Product or the media upon which it is stored has, nor will Consultant otherwise introduce into TNMC’s systems, any type of software routines or other element which is designed to or capable of permitting any of the following: (1) unauthorized access to or intrusion upon; (2) disabling of; (3) erasure of; or (4) interference with any hardware, software, data or peripheral equipment.

c. Services. Consultant represents and warrants that it will provide the Services hereunder in a timely, general industry standard quality and professional manner, using only qualified personnel and in conformance with generally accepted industry standards for a period of one (1) year from completion of the Services. All other warranties, whether express or implied, including warranty of merchantability or fitness for a particular purpose, are expressly disclaimed.

14. Ownership.

a. Work Product. Consultant hereby agrees that TNMC shall own all rights, title and interest, including but not limited to copyright, patent, trademarks, trade secrets, and all other intellectual property rights in any and all Work Product created pursuant to the terms of this Agreement. Consultant hereby agrees that the Work Product is being developed as a “work made for hire.” As such, rights vest with TNMC when the Work Product is fixed in a tangible medium of expression. “Work Product” means all work product created pursuant to the terms of this Agreement, whether stated specifically as a deliverable, including, but not limited to, any technical information, design documents, models, training materials, documentation, reports, notes, work papers, review sheets, requirements, specifications, graphics files, animation files, data files, technology, scripts, programs, creative works, concepts, residual knowledge, or data, written, oral or otherwise developed hereunder and arising out of, or resulting from Services provided by Consultant under this Agreement.

b. Data. As between TNMC and Consultant, all Data shall be deemed to be the exclusive property of TNMC. In no event shall Consultant claim any rights with respect to Data or take any action with respect to Data that is inconsistent with the duties of a bailee for hire without the prior written consent of TNMC. “Data” means all data and information provided to Consultant by TNMC.

15. Independent Contractor. The relationship between the parties will at all times be that of independent contractors. This Agreement is not intended to create between the parties a relationship of partners, principal and agent, joint venturers, or any other similar relationship.

Consultant will be responsible for ensuring payment of all unemployment, social security, payroll, contributions and other taxes with respect to its employees, agents or subcontractors.

16. Insurance. Consultant shall purchase at Consultant's own expense, and maintain at all times that services are performed under this Agreement, adequate liability insurance through responsible insurance companies authorized to do business in Nebraska. Upon request, Consultant shall cause such insurer to issue to TNMC evidence of such coverage and/or participation. In addition, Consultant shall provide TNMC with prior written notice of any cancellation or reduction of such required coverage.

17. Indemnification. Consultant agrees to indemnify and hold harmless TNMC from all third party liability, damages, costs (including reasonable attorneys’ fees and costs) and expenses imposed upon or asserted against TNMC to the extent arising out of any third party claims, demands, awards, settlements or judgments relating to (i) the death of or injury to any individual or damage to or loss of personal or real property of TNMC due to the negligence and/or willful acts of Consultant. In no event shall Consultant be required to indemnify, defend or hold harmless TNMC for their negligence or willful misconduct.

18. Assignment and Subcontracting. Neither party may assign, transfer, or subcontract its rights or obligations under this Agreement without the prior written consent of the other, which consent will not be unreasonably withheld. Notwithstanding the foregoing, TNMC may assign this Agreement and any SOW to a TNMC Affiliate or to an acquirer of all or part of TNMC’s business or assets, whether by merger or acquisition. Subject to the foregoing, this

Agreement is binding upon and will inure to the benefit of Consultant and TNMC and their respective successors in interest.

19. Waiver. A waiver by either party of any term or condition of this Agreement in any instance will not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof.

20. Notices. All required notices will be in writing, identified by this Agreement and the relevant SOW and sent by certified mail, return receipt requested, by overnight mail, by e-mail (with proof of delivery to the receiving party’s e-mail) or by hand delivery to the following:

To TNMC: To Consultant:

Nebraska Medicine Ahern Fire Protection, a division of

988176 Nebraska Medical Center J. F. Ahern Co.

Omaha NE 68198-8176 10301 S 152nd St #2, Omaha, NE 68138 Attn: Legal Services Attn: Adam Krcilek E-mail: contracts@nebraskamed.com E-mail: AKrcilek@ahernfire.com

With Copy to:

Attn: Jeremiah Dumke E-mail: jdumke@nebraskamed.com

21. Entire Agreement; Inconsistencies. This Agreement, together with all SOWs, and all exhibits and addenda attached hereto, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements between TNMC and Consultant with respect to the matters addressed herein and can only be modified by a written amendment signed by Consultant and TNMC.

22. No Third Party Beneficiaries. Except as otherwise stated in this Agreement, nothing herein, express or implied, is intended to or will confer upon any person or entity that is not a party to this Agreement any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. For the avoidance of doubt, this Section 22 does not limit or prevent a Connected Party (as defined below) from availing themselves of the benefits of this Agreement in compliance with Section 24 of this Agreement.

23. Governing Law. This Agreement will be governed by and construed in accordance with the law of the Nebraska without consideration to its conflicts of laws principals.

24. Connected Party. “Connected Party” for the purposes of this Agreement are agents, contractors, consultants, or other entities or individuals who are authorized by TNMC to benefit from the terms of this Agreement. Connected Parties may be added by TNMC upon written notice to Supplier. Connected Parties may avail themselves of the benefits of this Agreement by way of a separate agreement or addendum to this Agreement signed by the Connected Party and Supplier. Connected Parties include, without limitation, the Board of Regents of the University of Nebraska, and any entity in which the Board of Regents of University has at least a fifty percent (50%) controlling interest.

25. Publicity. Consultant will not refer to the existence of this Agreement or disclose its terms or use the name of TNMC in any press release, advertising or materials distributed to prospective or existing customers, without the prior written consent of TNMC.

Docusign Envelope ID: 22D1D578-B561-4520-8D0F-0446CAB43B8D mailto:contracts@nebraskamed.com mailto:AKrcilek@ahernfire.com

26. Severance. If a court of competent jurisdiction determines that any portion of this Agreement is unenforceable, then (i) that portion will be deemed to be amended to reflect the original intent of the parties to the extent permitted by law and, (ii) it will not affect the enforceability of the remainder of this Agreement.

24. Counterparts. This Agreement may be executed in two or more counterparts, each of which will be deemed an original and all of which together will constitute one and the same instrument.

IN WITNESS WHEREOF, TNMC and Consultant have caused their duly authorized representatives to execute this Agreement as of the dates below.

Ahern Fire Protection, a division of The Nebraska Medical Center J. F. Ahern Co.

By: By:

Name/Title: Name/Title:

Date: Date:

Docusign Envelope ID: 22D1D578-B561-4520-8D0F-0446CAB43B8D

Executive Director.Tyler Busboom

11/7/202511/10/2025

James R. JarvisEVP

UNMC/ TNMC Inspections Sprinkler, Fire Extinguishers, and Special Hazards

March 21, 2025

University of Nebraska Medical

Center Facilities Mgt & Plan

987100 Nebraska Medical Center

Omaha, NE 68198

Email: jdumke@nebraskamed.com

RE: UNMC Sprinkler Inspection - MC: 29650, 53902

Contract Period 7/1/2025 to 6/30/2028

Dear Jeremiah, Ahern Fire Protection, a division of J. F. Ahern Co., is pleased to present our renewal agreement (“Agreement”) for the required inspection, testing and maintenance for your facility's fire systems, in accordance with NFPA standards.

Ahern Fire Protection works to manage costs by increasing efficiencies in our operations. Effective for your next inspections, the following services will be performed for the prices listed below:

602 Student Apts 1 - 602 South 38th Avenue - Omaha, NE 68105

MC Inspection Price Total Price

53902 Annual Sprinkler Inspection (Jul) $745.00 (x1) $1,990.00

Semi-Annual Sprinkler Inspection (Jan) $415.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $415.00 (x2)

Total Sprinkler Inspection Price: $1,990.00

608 Student Apts 2 - 608 South 38th Avenue - Omaha, NE 68105

53902 Annual Sprinkler Inspection (Jul) $745.00 (x1) $1,990.00

Total Sprinkler Inspection Price: $1,990.00

ARS Academic/Research Srvc BPF - 4215 Emile Street - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $940.00 (x1) $2,794.00

Semi-Annual Sprinkler Inspection (Jan) $618.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $618.00 (x2)

Total Sprinkler Inspection Price: $2,794.00

AX10 Annex 10 4230 Bldg - 4230 Leavenworth Street - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $612.00 (x1) $2,058.00

Semi-Annual Sprinkler Inspection (Jan) $482.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $482.00 (x2)

Total Sprinkler Inspection Price: $2,058.00

AX22 Annex 22 - 601 Saddle Creek Road - Omaha, NE 68105

29650 Annual Sprinkler Inspection (Jul) $480.00 (x1) $1,527.00

Semi-Annual Sprinkler Inspection (Jan) $349.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $349.00 (x2)

Total Sprinkler Inspection Price: $1,527.00

AX23 Annex 23 - 4646 Jones Street - Omaha, NE 68105

29650 Annual Sprinkler Inspection (Jul) $612.00 (x1) $1,659.00

Semi-Annual Sprinkler Inspection (Jan) $349.00 (x1)

Total Sprinkler Inspection Price: $1,659.00

BTH Bennet Hall - 4204 Emile Street - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $1,827.00 (x1) $3,573.00

Semi-Annual Sprinkler Inspection (Jan) $582.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $582.00 (x2)

Total Sprinkler Inspection Price: $3,573.00

CNS College of Nursing Science - 4101 Dewey Avenue - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $470.00 (x1) $1,814.00

Semi-Annual Sprinkler Inspection (Jan) $448.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $448.00 (x2)

Total Sprinkler Inspection Price: $1,814.00

CON College of Nursing - 4111 Dewey Avenue - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $612.00 (x1) $2,058.00

Total Sprinkler Inspection Price: $2,058.00

CVR Weigel Williamson Center - for Visual Rehab - Omaha, NE 68105

29650 Annual Sprinkler Inspection (Jul) $743.00 (x1) $1,988.00

Total Sprinkler Inspection Price: $1,988.00

DGC Davis Global Center - 668 South 41st Street - Omaha, NE 68105

29650 Annual Sprinkler Inspection (Jul) $728.00 (x1) $2,126.00

Semi-Annual Sprinkler Inspection (Jan) $466.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $466.00 (x2)

Total Sprinkler Inspection Price: $2,126.00

DRC Durham Research Center 1 - 550 South 45th Street - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $1,710.00 (x1) $3,159.00

Semi-Annual Sprinkler Inspection (Jan) $483.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $483.00 (x2)

Total Sprinkler Inspection Price: $3,159.00

DRC2 Durham Research Center 2 - 560 South 45th Street - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $1,710.00 (x1) $3,159.00

Semi-Annual Sprinkler Inspection (Jan) $483.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $483.00 (x2)

Total Sprinkler Inspection Price: $3,159.00

ECI Eppley Cancer Institute - 4315 Dewey Circle - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $1,167.00 (x1) $3,045.00

Semi-Annual Sprinkler Inspection (Jan) $626.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $626.00 (x2)

Total Sprinkler Inspection Price: $3,045.00

ESH Eppley Science Hall - 4220 Dewey Circle - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $2,109.00 (x1) $4,134.00

Semi-Annual Sprinkler Inspection (Jan) $675.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $675.00 (x2)

Total Sprinkler Inspection Price: $4,134.00

INH International House - 428 South 38th Street - Omaha, NE 68105

53902 Annual Sprinkler Inspection (Jul) $1,257.00 (x1) $2,298.00

Semi-Annual Sprinkler Inspection (Jan) $347.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $347.00 (x2)

Total Sprinkler Inspection Price: $2,298.00

LON Live on Nebraska - 3867 Leavenworth Street - Omaha, NE 68105

29650 Annual Sprinkler Inspection (Jul) $340.00 (x1) $1,177.00

Semi-Annual Sprinkler Inspection (Jan) $279.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $279.00 (x2)

Total Sprinkler Inspection Price: $1,177.00

MCPH - Mauer College of Public Health - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $745.00 (x1) $1,792.00

Semi-Annual Sprinkler Inspection (Oct, Jan) $349.00 (x2)

Total Sprinkler Inspection Price: $1,792.00

MMI Munroe Meyer Institute - 6902 Pine Street - Omaha, NE 68106

29650 Annual Sprinkler Inspection (Jul) $723.00 (x1) $1,938.00

Semi-Annual Sprinkler Inspection (Jan) $405.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $405.00 (x2)

Total Sprinkler Inspection Price: $1,938.00

MSB Medical Sciences Building - 4400 Emile Street - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $940.00 (x1) $3,226.00

Semi-Annual Sprinkler Inspection (Jan) $762.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $762.00 (x2)

Total Sprinkler Inspection Price: $3,226.00

MSC Michael Sorrell Center - 619 South 42nd Street - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $896.00 (x1) $2,474.00

Semi-Annual Sprinkler Inspection (Jan) $526.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $526.00 (x2)

Total Sprinkler Inspection Price: $2,474.00

PDD - Pharmacy Drug Discovery Lozier - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $792.00 (x1) $2,340.00

Semi-Annual Sprinkler Inspection (Jan) $516.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $516.00 (x2)

Total Sprinkler Inspection Price: $2,340.00

PS50 Parking Lot 50 - 45th and Emile St - SE Corner - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $940.00 (x1) $1,762.00

Semi-Annual Sprinkler Inspection (Jan) $274.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $274.00 (x2)

Total Sprinkler Inspection Price: $1,762.00

PYH Poytner Hall - 510 South 42nd Street - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $927.00 (x1) $2,781.00

Semi-Annual Sprinkler Inspection (Jan) $728.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $563.00 (x2)

Total Sprinkler Inspection Price: $2,781.00

SLC Student Life Center - 3908 Jones Street - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $940.00 (x1) $2,386.00

Total Sprinkler Inspection Price: $2,386.00

SSP Specialty Serv Pavilion - 4350 Emile Street - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $2,109.00 (x1) $4,395.00

Semi-Annual Sprinkler Inspection (Jan) $762.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $762.00 (x2)

Total Sprinkler Inspection Price: $4,395.00

WHM Wittson Hall - 528 South 42nd Street - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $1,156.00 (x1) $4,255.00

Semi-Annual Sprinkler Inspection (Jan) $1,033.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $1,033.00 (x2)

Total Sprinkler Inspection Price: $4,255.00

WSH Williams Science Hall - 525 South 42nd Street - Omaha, NE 68198

29650 Annual Sprinkler Inspection (Jul) $617.00 (x1) $2,306.00

Semi-Annual Sprinkler Inspection (Jan) $563.00 (x1)

Quarterly Sprinkler Inspection (Oct, Apr) $563.00 (x2)

Total Sprinkler Inspection Price: $2,306.00

Total Annual Inspection Price

Total Three-Year Annual Inspection Price…………………………………………………………………………………

$70,204.00

$210,612.00

The term of this Agreement shall be one (3) year from date hereof and shall be automatically renewed each year thereafter on the anniversary date for a period of one (3) year until the same shall be terminated by either party on at least thirty (30) days written notice being given to the other party prior to the anniversary date thereof.

*ACCEPTED:

DATE:

PO#:

** Please sign this letter and email it back to me to acknowledge the scope of work, cost and the attached General Terms and

Conditions which are a part of this Agreement.

We appreciate your past patronage and trust in Ahern Fire Protection as your preferred fire protection contractor.

Sincerely, Ahern Fire Protection

A division of J. F. Ahern Co.

Stacey McWilliams

Service Coordinator

Phone:

Email: smcwilliams@ahernfire.com

UPDATED CUSTOMER CONTACT INFORMATION

NAME:

OFFICE PHONE:

EMAIL:

CELL PHONE:

AHERN PORTAL ACCESS:

YES

NO

R…