DOC2174801626.pdf
PDF 768 KB Posted
- Attached to
- CN NE|CW44176
- Contract number
- CW44176
- Issued by
- Nebraska
About this file
Contract Summary
This is a hotel services agreement between the Board of Regents of the University of Nebraska (on behalf of the Buffett Early Childhood Institute) and AVADEN LANDMARK LLC dba THE FARNAM AUTOGRAPH COLLECTION, a hotel located at 1299 Farnam Street in Omaha, Nebraska. The contract is governed by Nebraska state law and includes a Legal and Policy Compliance Addendum that establishes University-specific requirements and protections. The agreement was executed on May 1, 2026, with signatures from Jon Watts (Sr. Associate VP/Chief Operating Officer) for the University and Sarah Kouba (Senior Sales Manager) for the hotel.
The contract provides lodging and venue rental services for the Buffett Early Childhood Institute's Board of Advisors Meeting from August 5-7, 2026. Lodging consists of 22 room nights (11 Industrious King or Sophisticated Queens rooms) on August 5 and 6, 2026, at $239.99 per night, totaling $5,258. Venue services include the Rosewater East Conference Room on August 6 for breakfast and lunch (8:00 a.m. to 4:30 p.m.) at $600, and the Rosewater Ballroom on August 7 for breakfast and lunch (8:00 a.m. to 4:00 p.m.) at $1,000. The contract estimates $5,000 for food and beverage costs, with a total contract value of $16,000 to accommodate service charges and taxes. Room rates are subject to 19.84% in state and local taxes, and meeting room services are subject to 11.28% taxes and 23% service charges. The University, as a tax-exempt entity, will provide Form-13 exemption certificates. The reservation cut-off date is July 10, 2026, with a minimum banquet food and beverage revenue requirement of $3,600. Cancellation penalties apply on a tiered schedule based on timing, ranging from 70% to 100% of applicable charges depending on notice provided.
View the file
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
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 AVADEN LANDMARK LLC THE FARNAM
AUTOGRAPH COLLECTION
Contact Sarah Kouba
Sourcing Agent Sarah Johnson Email skouba@thefarnamhotel.com
REQUESTING DEPARTMENT
Participating Campuses
U- wide/UNOP
Administrative Unit/Dept.
Buffett Early Childhood Institute
Department Contact Cecely Schieffer, cschieffer@nebraska.edu
CONTRACT DESCRIPTION/INFORMATION
Contract Summary (brief description and/ or event name)
The Buffett Early Childhood Institute's Board of Advisors Meeting venue rental and lodging.
Lodging includes 22 room nights (11 Industrious Kind or Sophisticated Queens for Wednesday, August 5 and Thursday, August 6, 2026 at $239.99 per night) totaling $5258.00 Venue includes the Rosewater East Conference room on Thursday, Aug. 6 for breakfast and lunch from 8 a.m. to 4:30 p.m. at $600.00 and the Rosewater Ballroom on Friday, Aug. 7, 2026 for breakfast and lunch from 8 a.m. to 4 p.m at $1000.00 making the venue total $1600.00.
Estimate $5000 food budget. (Contract total with rooms, food, & conference rooms $16,000 to allow for service charges)
Contract Document Document Amt Total Amt Start Date End Date Notes
Hotel Agreement $16,000.00 $16,000.00 08/05/2026 08/07/2026
COMPETITION/BID INFORMATION
Bid Number NA
Competition Under 25K
Contract Information
NA
INTERNAL USE ONLY
CW44176
Page 1 of 7 Version 1.0
MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION
DESCRIPTION OF GROUP AND EVENT
The following represents an agreement between The Farnam, Autograph Collection, 1299 Farnam Street, Omaha, NE, 68102, (402) 915-4900 and The Board of Regents of the University of Nebraska University of Nebraska Athletics.
ORGANIZATION: The Board of Regents of the University of Nebraska University of Nebraska
Athletics
CONTACT:
Name: Allyson Freeman
Job Title: Director of Communications
Street Address: 2111 S 67th Street Ste 350
City, State, Postal Code: Omaha, NE 68106
Country/Region: USA
Phone Number: 402.554.2742
E-mail Address: afreeman11@nebraska.edu
NAME OF EVENT: 2026 Board of Advisors Meeting
REFERENCE #: M-W0VA184
OFFICIAL PROGRAM DATES: Wednesday, 08/05/2026 - Friday, 08/07/2026
GUEST ROOM COMMITMENT/GROUP ROOM RATES
The Hotel agrees that it will provide, and Group agrees that it will be responsible for utilizing, 22 room nights in the pattern set forth below (such number and such pattern, the “Room Night Commitment”):
Attendees
Date Day
Industrious King or Sophisticated
Queens
Total Rooms
08/05/2026 Wed 11 11
08/06/2026 Thu 11 11
Start Date End Date Room Type Single
08/05/2026 08/06/2026 Industrious King $239.00
08/05/2026 08/06/2026 Sophisticated
Queens $239.00
Hotel’s room rates are subject to applicable state and local taxes (currently 19.84%) in effect at the time of check-out.
COMMISSION
The group room rates listed above are net non-commissionable. The Board of Regents of the University of Nebraska
University of Nebraska Athletics will advise its designated agency of these rates and address any resulting agency compensation issues directly with the management of the appropriate agency.
METHOD OF RESERVATIONS
Reservations for the Event will be made by Rooming List.
GUARANTEED RESERVATIONS
Page 2 of 7 Version 1.0
All reservations must be accompanied by a first night room deposit or guaranteed with a major credit card or by The
Board of Regents of the University of Nebraska University of Nebraska Athletics. Hotel will not hold any reservations unless secured by one of the above methods.
CUT-OFF DATE
Reservations by attendees must be received on or before Friday, July 10, 2026, (the “Cut-Off Date”). At the Cut-Off
Date, Hotel will review the reservation pick up for the Event, release the unreserved rooms for general sale, and determine whether or not it can accept reservations based on a space- and rate-available basis at the The Board of Regents of the
University of Nebraska University of Nebraska Athletics group rate after this date.
NO ROOM TRANSFER BY GUEST
The Board of Regents of the University of Nebraska University of Nebraska Athletics agrees that neither The Board of
Regents of the University of Nebraska University of Nebraska Athletics nor attendees of the Event nor any intermediary shall be permitted to assign any rights or obligations under this Group Sales Agreement, or to resell or otherwise transfer to persons not associated with The Board of Regents of the University of Nebraska University of Nebraska Athletics reservations for guestrooms, meeting rooms or any other facilities made pursuant to this Group Sales Agreement.
BILLING ARRANGEMENTS
The following billing arrangements apply: Room to Master – Incidentals on Own. The Board of Regents of the
University of Nebraska on behalf of the Buffett Early Childhood Institute is tax-exempt and will be providing the hotel with their Form-13.
PHISHING
Please be aware that bad actors can impersonate Hotel employees. Group should never rely solely on contact information sent in an email or respond directly to any email requesting a bank account information change. If Group receives a request from Hotel regarding bank account information, Group should contact the Hotel via verified phone number or in person to confirm the request prior to providing such information.
PAYMENT BY CREDIT CARD OR COMPANY CHECK
If The Board of Regents of the University of Nebraska University of Nebraska Athletics wishes to pay any portion of its obligation by credit card or company check, the credit card information must be entered into our secure online website.
Prior to the execution of this agreement The Board of Regents of the University of Nebraska University of Nebraska
Athletics shall provide hotel with credit card authorization information. A Credit Card Information Request e-mail will be sent to the e-mail address provided by The Board of Regents of the University of Nebraska University of Nebraska
Athletics.
This process must also be followed if direct billing has not been approved and the Master Account charges will be paid by credit card or company check.
The Board of Regents of the University of Nebraska University of Nebraska Athletics agrees that the Hotel may charge to this credit card any payment as required under this Group Sales Agreement.
FUNCTION INFORMATION AGENDA/EVENT AGENDA
Based on the requirements outlined by The Board of Regents of the University of Nebraska University of Nebraska
Athletics, the Hotel has reserved the function space set forth on the below Function Information Agenda/Event Agenda.
Start
Time
End
Time Function Type Setup
People Rental Related Events
08/06/2026 Thu 8:00 AM 4:30 PM Meeting in
Rosewater East Conference 23 $600.00
8:00 AM -
Breakfast
12:00 PM -
Lunch
Page 3 of 7 Version 1.0
Start
Time
End
Time Function Type Setup
People Rental Related Events
08/07/2026 Fri 8:00 AM 4:00 PM
Meeting in
Rosewater
Ballroom
Special 23 $1,000.00
8:00 AM -
Breakfast
12:00 PM - Box
Lunch
All meeting rooms, food and beverage, and related services are subject to applicable taxes (currently 11.280%) and service charge (currently 23%) in effect on the date(s) of the Event. The Hotel reserves the right to adjust function space in direct proportion to any changes in the number of attendees.
DAMAGE TO FUNCTION SPACE
The Board of Regents of the University of Nebraska University of Nebraska Athletics agrees to pay for any damage to the function space that occurs while The Board of Regents of the University of Nebraska University of Nebraska Athletics is using it. The Board of Regents of the University of Nebraska University of Nebraska Athletics will not be responsible, however, for ordinary wear and tear or for damage that it can show was caused by persons other than The Board of
Regents of the University of Nebraska University of Nebraska Athletics and its attendees.
ROOMS ATTRITION
Hotel is relying upon The Board of Regents of the University of Nebraska University of Nebraska Athletics nightly use of the Room Night Commitment and, if applicable, the Minimum Banquet Food and Beverage Revenue $3,600.00. The Board of Regents of the University of Nebraska University of Nebraska Athletics agrees that a loss will be incurred by Hotel if
The Board of Regents of the University of Nebraska University of Nebraska Athletics actual usage is less than ninety percent
90% of the Room Night Commitment on any night of the Event.
Hotel agrees to allow for a ten percent 10% reduction in the nightly Room Night Commitment. Each night during the Event, Hotel will subtract the actual room usage for that night and the amount of permissible attrition for that night from the Room
Night Commitment for that night. The difference of room nights will be multiplied by the group’s average room rate
(excluding staff and or complimentary rooms) and the resulting amount will be posted as attrition charges to The Board of
Regents of the University of Nebraska University of Nebraska Athletics Master Account, plus applicable taxes, at the conclusion of the Event.
Additionally, at the conclusion of the Event, if the actual banquet food and beverage revenue is less than the Minimum
Banquet Food and Beverage Revenue, one hundred percent (100%) of the difference will be posted to the Master Account.
These charges represent a reasonable effort on behalf of the Hotel to establish its loss prospectively and shall be due as liquidated damages.
MINIMUM BANQUET FOOD AND BEVERAGE REVENUE REQUIREMENT
The Board of Regents of the University of Nebraska University of Nebraska Athletics agrees to a minimum banquet food and beverage revenue of $3,600.00, exclusive of tax and service charge (the “Minimum Banquet Food and Beverage
Revenue”). Hotel will confirm the food and beverage prices 1 month prior to The Board of Regents of the University of
Nebraska University of Nebraska Athletics arrival date.
CANCELLATION
In the event of a group cancellation occurring 0 to 3 business days prior to arrival, liquidated damages in the amount of one hundred percent (100%) of the Room Night Commitment, one hundred percent (100%) of the Minimum Banquet Food and
Beverage Revenue, and Total Meeting Room Rental will be due, plus applicable taxes.
In the event of a group cancellation occurring 4 business days to 90 days prior to arrival, liquidated damages in the amount of eighty percent (80%) of the Room Night Commitment and eighty percent (80%) of the Minimum Banquet Food and
Beverage Revenue will be due, plus applicable taxes.
In the event of a group cancellation occurring 91 to 180 days prior to arrival, liquidated damages in the amount of seventy percent (70%) of the Room Night Commitment and seventy percent (70%) of the Minimum Banquet Food and Beverage
Revenue will be due, plus applicable taxes.
Page 4 of 7 Version 1.0
IMPOSSIBILITY
The performance of this Agreement is subject to termination without liability upon the occurrence of any circumstance beyond the control of either party – such as acts of God, war, acts of terrorism, government regulations, disaster, strikes, civil disorder, or curtailment of transportation facilities – to the extent that such circumstance makes it illegal or impossible for the Hotel to provide, or for groups in general to use, the Hotel facilities. The ability to terminate this
Agreement without liability pursuant to this paragraph is conditioned upon delivery of written notice to the other party setting forth the basis for such termination as soon as reasonably practical - but in no event longer than ten (10) days -after learning of such basis.
COMPLIANCE WITH LAW
This Agreement is subject to all applicable federal, state, and local laws, including health and safety codes, alcoholic beverage control laws, disability laws, federal anti-terrorism laws and regulations, and the like. Hotel and The Board of
Regents of the University of Nebraska University of Nebraska Athletics agree to cooperate with each other to ensure compliance with such laws.
CHANGES, ADDITIONS, STIPULATIONS, OR LINING OUT
Any changes, additions, stipulations or deletions including corrective lining out by either Hotel or The Board of Regents of the University of Nebraska University of Nebraska Athletics will not be considered agreed to or binding on the other unless such modifications have been initialed or otherwise approved in writing by the other.
DISPUTE RESOLUTION
In the event of dispute resolution, the non-prevailing party will pay the other’s costs and attorney’s fees.
LIQUOR LICENSE
The Board of Regents of the University of Nebraska University of Nebraska Athletics understands that Hotel’s liquor license requires that beverages only be dispensed by Hotel employees or bartenders. Alcoholic beverage service may be denied to those guests who appear to be intoxicated or are underage.
COMPLIANCE WITH EQUAL OPPORTUNITY LAWS
This section describes Marriott’s obligations as a U.S. federal contractor. It does not apply to customers that are not part of the U.S. federal government or using funds from the U.S. federal government for this contract.
Marriott shall comply with all applicable laws, statutes, rules, ordinances, codes, orders and regulations of all federal, state, local and other governmental and regulatory authorities and of all insurance bodies applicable to the Hotel premises in performing its obligations under this Agreement.
Marriott (referred to as “contractor” in this section) shall comply with Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans’ Readjustment Assistance Act, as amended, which are administered by the United States Department of Labor (“DOL”), Office of Federal Contract Compliance
Programs (“OFCCP”). The equal employment opportunity clauses of the implementing regulations, including but not limited to 41 C.F.R. §§ 60.1-4, 60-300.5(a), and 60-741.5(a), are hereby incorporated by reference, with all relevant rules, regulations and orders pertaining thereto. This contractor and subcontractor shall abide by the requirements of 41
C.F.R. §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.
Marriott also shall comply with Executive Order 13496 and with all relevant rules, regulations and orders pertaining thereto, to the extent applicable. The employee notice clause and all other provisions of 29 C.F.R. Part 471, Appendix A to Subpart
A, are hereby incorporated by reference.
To the extent applicable, Marriott shall include the provisions of this section in every subcontract or purchase order so that such provisions shall be binding upon each contractor, subcontractor or vendor performing services or providing materials relating to this Agreement and the services provided pursuant to the terms hereof.
PRIVACY
Marriott International, Inc. (“Marriott”) is committed to complying with obligations applicable to Marriott under applicable
Page 5 of 7 Version 1.0 privacy and data protection laws, including to the extent applicable EU data protection laws. Hotel shall comply with the then-current Marriott Group Global Privacy Statement (the “Privacy Statement,” currently available at http://www.marriott.com/about/privacy.mi) with respect to any personal data received under this Agreement.
Without limiting the foregoing obligation, Hotel has implemented measures designed to: (1) provide notice to individuals about its collection and use of their personal data, including through the Privacy Statement; (2) use such personal data only for legitimate business purposes; (3) provide means by which individuals may request to review, correct, update, suppress, restrict or delete or port their personal data, consistent with applicable law; (4) require any service providers with whom personal data is shared to protect the confidentiality and security of such data; and (5) use technical and organizational measures to protect personal data within its organization against unauthorized or unlawful access, acquisition, use, disclosure, loss, or alteration.
The Board of Regents of the University of Nebraska University of Nebraska Athletics will obtain all necessary rights and permissions prior to providing any personal data to Hotel, including all rights and permissions required for Hotel, Hotel affiliates, and service providers to use and transfer the personal data to locations both within and outside the point of collection (including to the United States) in accordance with Hotel’s privacy statement and applicable law. Notwithstanding any other provision, Hotel may use an individual’s own personal data to the extent directed by, consented to or requested by such individual.
IN-HOUSE EQUIPMENT
Hotel will provide, at no charge, a reasonable amount of meeting equipment (for example, chairs, tables, etc.). These complimentary arrangements do not include special setups or extraordinary formats that would deplete Hotel’s present in-house equipment to the point of requiring rental of an additional supply to accommodate The Board of Regents of the
University of Nebraska University of Nebraska Athletics needs. If such special setups or extraordinary formats are requested, Hotel will present The Board of Regents of the University of Nebraska University of Nebraska Athletics two
(2) alternatives: (1) charging The Board of Regents of the University of Nebraska University of Nebraska Athletics the rental cost for additional equipment, or (2) changing the extraordinary setup to a standard format, avoiding the additional cost.
UNATTENDED ITEMS/ADDITIONAL SECURITY
The Hotel cannot ensure the security of items left unattended in function rooms. Special arrangements may be made with the Hotel for securing a limited number of valuable items. If The Board of Regents of the University of Nebraska
University of Nebraska Athletics requires additional security with respect to such items or for any other reason, the Hotel will assist in making these arrangements. All security personnel to be utilized during the Event are subject to Hotel approval.
USE OF OUTSIDE VENDORS
If The Board of Regents of the University of Nebraska University of Nebraska Athletics wishes to hire outside vendors to provide any goods or services at Hotel during the Event, The Board of Regents of the University of Nebraska University of Nebraska Athletics must notify Hotel of the specific goods or services to be provided and provide sufficient advance notice to the Hotel so that the Hotel can (i) determine, in Hotel’s sole discretion, whether such vendor must provide Hotel, in form and amount reasonably satisfactory to Hotel, an indemnification agreement and proof of adequate insurance, and
(ii) approve, using reasonable judgment, the selection of the outside vendor and the goods or services to be provided by such outside vendor to The Board of Regents of the University of Nebraska University of Nebraska Athletics, taking into consideration: (a) whether Hotel offers such goods and services; (b) the risk level posed by certain activities; and (c) the safety and well-being of guests at Hotel.
PERFORMANCE LICENSES
The Board of Regents of the University of Nebraska University of Nebraska Athletics will be solely responsible for obtaining any necessary licenses or permission to perform, broadcast, transmit, or display any copyrighted works
(including without limitation, music, audio, or video recordings, art, etc.) that The Board of Regents of the University of
Nebraska University of Nebraska Athletics may use or request to be used at the Hotel.
MARRIOTT BONVOY EVENTS
Marriott Bonvoy Events provides Points or Miles to eligible Marriott Bonvoy Members who book and hold qualifying meetings and events at Participating Properties.
Approximately ten (10) business days after the conclusion of the Event (provided that the Event is not cancelled and The
Board of Regents of the University of Nebraska University of Nebraska Athletics has otherwise complied with the material https://protect-us.mimecast.com/s/SER-CG6QzAUg2xQpIWyIbY
Page 6 of 7 Version 1.0 terms and conditions of this Agreement), the Hotel will award Points or Miles to the Member and relevant account identified below. By inserting the airline frequent flyer account information, the recipient elects to receive Miles instead of
Points.
Marriott Bonvoy Events is not available in certain circumstances, including (1) for any government employee or official booking a government event (U.S. government event or non-U.S. government event); (2) for any employee of a state-owned or state-controlled entity (“SOE”) booking an event on behalf of the SOE; or (3) for any other planner or intermediary when booking an event on behalf of a non-U.S. governmental entity or SOE. Hotels in the Asia Pacific region are restricted from awarding Points or Miles to any intermediary booking an event on behalf of any governmental entity or SOE.
GROUP MUST CHECK ONE OPTION BELOW:
The Contact (as identified on page 1 of this Agreement or the Authorized Signer of this Agreement) is eligible to receive Points or Miles.
Member Name __________________________________________________
Marriott Bonvoy Membership Number ___________________________
*If Miles are desired instead of Points, please also provide:
Participating airline name ___________________________________________________
Participating airline frequent flyer account number___________________________
OR
The Contact (as identified on page 1 of this Agreement or the Authorized Signer of this Agreement) declines or is not eligible to receive Points or Miles and hereby waives the right to receive Points or Miles in connection with the Event.
The individual identified above to receive either Points or Miles may not be changed without such individual’s prior written consent. The number of Points or Miles to be awarded shall be determined pursuant to the Marriott Bonvoy Terms and Conditions (the “Terms and Conditions”), as in effect at the time of award. All Marriott Bonvoy Terms and
Conditions apply. The Terms and Conditions are available on-line at https://www.marriott.com/loyalty/terms/default.mi and may be changed at the sole discretion of Marriott International, Inc. at any time and without notice. Capitalized terms used in this section have the meanings given to them in the Terms and Conditions.
*Electronic selection – This may be done in Microsoft Word by double-clicking on the above unfilled box, choosing a blackened box, and then clicking “Insert.” Alternatively, one can use the commands “Insert” and “Symbol,” choose the blackened box, and then click “Insert.”
HIGH RISK ACTIVITIES
Hotel has committed to providing the room nights and function space, as applicable, set forth in this Agreement based on information about the event that The Board of Regents of the University of Nebraska University of Nebraska Athletics has given to the Hotel. The Board of Regents of the University of Nebraska University of Nebraska Athletics agrees that it has presented all material information required in order for Hotel to provide the rooms and facilities set forth in this
Agreement. Should Hotel, in its sole reasonable discretion, determine at any time that the Event will include a high-risk activity that was previously undisclosed to the Hotel (including by way of example, and not by limitation, biological agents, pyrotechnics, etc.), Hotel may terminate this Agreement immediately and without liability, upon written notice to
The Board of Regents of the University of Nebraska University of Nebraska Athletics.
ACCEPTANCE
When presented by the Hotel to The Board of Regents of the University of Nebraska University of Nebraska Athletics, this document is an invitation by the Hotel to The Board of Regents of the University of Nebraska University of Nebraska
Athletics to make an offer. Upon signature by The Board of Regents of the University of Nebraska University of Nebraska
Athletics, this document will be an offer by The Board of Regents of the University of Nebraska University of Nebraska
Athletics. Only upon signature of this document by all parties will this document constitute a binding agreement. Unless the Hotel otherwise notifies The Board of Regents of the University of Nebraska University of Nebraska Athletics at any https://www.marriott.com/loyalty/terms/default.mi
Page 7 of 7 Version 1.0 time prior to The Board of Regents of the University of Nebraska University of Nebraska Athletics execution of this document, the outlined format and dates will be held by the Hotel for The Board of Regents of the University of Nebraska
University of Nebraska Athletics on a first-option basis until May 1, 2026. If The Board of Regents of the University of
Nebraska University of Nebraska Athletics cannot make a commitment prior to that date, this invitation to offer will revert to a second-option basis or, at the Hotel’s option, the arrangements will be released, in which case neither party will have any further obligations.
Upon signature by both parties, The Board of Regents of the University of Nebraska University of Nebraska Athletics and the Hotel shall have agreed to and executed this Agreement by their authorized representatives as of the dates indicated below.
SIGNATURES
Approved and authorized by The Board of Regents of the University of Nebraska University of Nebraska Athletics:
Name: (Print) __Jon Watts____________________________
Title: (Print) __ Sr. Associate VP/Chief Operating Officer ___
Signature: ______________________________________
Date: ______________________________________
Approved and authorized by Hotel:
Name: (Print) __Sarah Kouba_________________________
Title: (Print) __Senior Sales Manager___________________
Signature: ______________________________________
Date: ______________________________________
05/01/26 | 10:23 CDT
05/01/26 | 15:54 CDT
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
DESCRIPTION OF GROUP AND EVENT 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 AVADEN LANDMARK LLC dba THE FARNAM AUTOGRAPH COLLECTION
(“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
Revised: 160425 result of doing business with University, Supplier shall be solely responsible for the payment of those taxes.
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‐ https://statecontracts.nebraska.gov/
Revised: 160425
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 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
Revised: 160425 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 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:
Cecely Schieffer cschieffer@nebraska.edu
Notices to Supplier shall be sent to:
Sarah Kouba skouba@thefarnamhotel.com
With copy to:
Legal Notices C/O P2P Procurement Contracts 1700 Y Street, BSC 125 Lincoln, NE 68588-0645
With copy to (optional):
4890-8857-9324, v. 15
Sarah Kouba
05/01/26 | 10:23 CDT
Senior Sales Manager
Jon Watts
05/01/26 | 15:54 CDT
Sr. Assoc. VP - COO mailto:skouba@thefarnamhotel.com
Certificate Of Completion Envelope Id: DABF2E55-5141-4F70-B907-87E33302B347 Status: Completed
Subject: CW44176 - The Farnam Hotel - BOA Meeting
Source Envelope:
Document Pages: 14 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
5/1/2026 10:16:27 AM
Holder: Sarah Johnson sjohnson208@nebraska.edu
Location: DocuSign
Signer Events Signature Timestamp Sarah Kouba skouba@TheFarnamHotel.com
Senior Sales Manager
The Farnam
Security Level: Email, Account Authentication (None)
Signature Adoption: Pre-selected Style
Using IP Address: 69.63.96.54
Sent: 5/1/2026 10:17:51 AM
Resent: 5/1/2026 10:20:36 AM
Viewed: 5/1/2026 10:22:57 AM
Signed: 5/1/2026 10:23:32 AM
Electronic Record and Signature Disclosure:
Accepted: 5/1/2026 10:22:57 AM ID: bc909a0f-58bf-4409-a242-acb72bd77573
Jon Watts
JONWATTS@NEBRASKA.EDU
Sr. Assoc. VP - COO
University of Nebraska System
Security Level: Email, Account Authentication (None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 144.216.255.222
Sent: 5/1/2026 10:23:35 AM
Viewed: 5/1/2026 3:53:33 PM
Signed: 5/1/2026 3:54:43 PM
Electronic Record and Signature Disclosure:
Accepted: 10/27/2023 1:29:03 PM ID: a1ef98be-f3d7-40bb-ac98-2d8b177c3284
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 Cecely Schieffer cschieffer@nebraska.edu
University of Nebraska
Security Level: Email, Account Authentication (None)
Sent: 5/1/2026 3:54:45 PM
Electronic Record and Signature Disclosure:
Accepted: 4/1/2026 11:16:32 AM ID: f84366f1-eea7-4fdd-9b98-08927cac9918
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/1/2026 10:17:51 AM
Envelope Updated Security Checked 5/1/2026 10:20:35 AM
Certified Delivered Security Checked 5/1/2026 3:53:33 PM
Signing Complete Security Checked 5/1/2026 3:54:43 PM
Completed Security Checked 5/1/2026 3:54:45 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, NU Contracts+Ariba (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .