ࡱ> c 9bjbjNN I$i$iHI-I-I-I-I-]-]-]-8-i.T]->6..(.../00,0>>>>>>>%C>--1/0/011>--..4>5858581-.-.>581>5858;<.p!kW1d<f>>0><UD4UD4<<&UDI-<115811111|>|>6111>1111UD111111111Y ,: UNIVERSITY OF NEBRASKA SHORT FORM CONSULTANT AGREEMENT THIS AGREEMENT, is made effective on by and between the BOARD OF REGENTS OF THE UNIVERSITY OF NEBRASKA, a public body corporate and agency of the State of Nebraska, for and on behalf of the Ϲ whose address is (the University), and whose address is (the Consultant). The Consultant and the University agree to the following terms and conditions: SECTION 1. DESCRIPTION OF SERVICES. The Consultant agrees to perform such professional services, with the standard of professional care and skill required to perform such services, and shall render the services and provide deliverables necessary to: (collectively, hereinafter called "the Services") for Project - as provided in the Contract Documents which shall consist of this Agreement and the following documents, attached or incorporated by reference into and made part of this Agreement (each an Ancilary Document): Exhibit A: Miscellaneous Terms & Conditions Exhibit B: Proposal No: dated Notwithstanding any provision to the contrary in any of the following documents, precedence is established by the order of the following documents: (1) duly executed amendments to the Contract Documents (to the extent not superseded by a subsequent amendment); (2) this Agreement and any Ancillary Document issued by University and incorporated by reference into this Agreement; and (3) any Ancillary Document not issued by University and incorporated by reference into this Agreement. 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. 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. Where terms and conditions specified in Consultants bid, proposal, or quotation differ from the terms and conditions in Universitys solicitation, the terms and conditions in the solicitation shall apply. Where terms and conditions specified in Consultants bid, proposal, or quotation supplement the terms and conditions in Universitys solicitation, the supplemental terms and conditions shall apply only if specifically accepted by University in writing. SECTION 2. THE CONTRACT SUM. The University shall pay to the Consultant for the performance of the Services, subject to additions and deductions as provided in the Contract Documents, in warrants of the State of Nebraska, the not-to-exceed sum of Dollars (U.S.) ($) This sum shall represent payment in full for all goods and services provided pursuant to the Contract Documents. Consultant shall not exceed the amount above without prior written approval from the University or designated Representative. SECTION 3. PAYMENT SCHEDULE. The University shall pay the Consultant according to the following schedule: Payment shall be made based on periodic invoices received for Services actually performed and/or as authorized or requested by the University or designated Representative. The University shall inspect and certify the portions of the Services completed for purposes of such progress payments, and the decision of the University shall be final and binding on both parties. Such progress payments shall not relieve the Consultant of the obligation to completely perform the Services in accordance with the Contract Documents. SECTION 4. TIME OF COMPLETION. The Consultant agrees to commence performance of the Services upon receipt of Notice to Proceed and to complete the Services by not later than . SECTION 5. INSURANCE. The Consultant shall provide certificates of insurance as set forth in the Contract Documents and as listed in Universitys insurance certification sheet specifications. SECTION 6. INSPECTION. The University may perform periodic or continuous inspection of the Consultants performance. Such inspection by the University shall not relieve the Consultant of its duty and obligation to supervise and perform the Services as required by the Contract Documents. SECTION 7. NONDISCRIMINATION AND WORKPLACE CONDUCT. The Consultant and its subconsultants shall not discriminate against any employee or applicant for employment, to be employed in the performance of the Services, with respect to hire, tenure, terms, conditions, or privileges of employment because of such persons race, color, religion, sex, disability or national origin. The Consultant further agrees that its employees and representatives and the employees and representatives of its subconsultants shall comply with all rules and regulations of the University pertaining to workplace conduct, and that any such employee or representative in violation of the Universitys rules and regulations pertaining to workplace conduct shall be removed from the site of the work/Services and from property of the University. SECTION 8. BINDING EFFECT AND ASSIGNMENT. The Contract Documents shall be binding upon the University and the Consultant, and their respective subconsultants, successors, and assigns. Neither the University nor the Consultant may assign this Agreement without the duly authorized written consent of the other. SECTION 9. GOVERNING LAW AND DISPUTE RESOLUTION. The Contract Documents shall be construed, interpreted and enforced in accordance with the laws of the State of Nebraska. Any dispute arising under the Contract Documents which is not settled by agreement of the parties shall be resolved in accordance with Nebraska law in a court of competent jurisdiction located in Lancaster County, Nebraska. Pending settlement or final decision in any judicial proceedings relating to dispute arising under the Contract Documents, the Consultant shall proceed diligently with the performance of the Services in accordance with the decision of the University. SECTION 10. TERMINATION. (a) The University may terminate this Agreement for cause at any time if the Consultant is in material breach of the Contract Documents or fails to make substantial progress towards performance of the Services. In the event of such a breach or failure to make substantial progress, the University shall provide the Consultant with no less than ten (10) days advance written notice that it intends to terminate this Agreement unless the breach or failure to make substantial progress is cured by the Consultant. If after such written notice, the Consultant fails to cure the breach or failure to make substantial progress, the University may terminate this Agreement and pursue all legal remedies available to it. (b) The University may also terminate this Agreement without cause by giving written notice to the Consultant of its intention to terminate the Agreement. Upon receipt of such notice, the Consultant shall immediately stop performance of the Services. The University shall be obligated to pay Consultant for all portions of the Services completed as of the date of the Consultants receipt of such written notice. SECTION 11. LB403 COMPLIANCE. The successful bidder, on behalf of itself and any subconsultant to the Contract agrees that it 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 as amended. SECTION 12. DEBARMENT. The Consultant certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the transaction (contract), by any governmental department or agency. If the Consultant cannot certify this statement, submit a written explanation for review by the University. SECTION 13. ENTIRE AGREEMENT AND AMENDMENT. The Contract Documents comprise the entire agreement of the parties as to the subject matter set forth therein. The Contract Documents may not be amended or modified except in a writing that is signed by properly authorized representatives of both of the parties. SECTION 14. NEBRASKA LEGISLATIVE BILL (LB) 429. Pursuant to Nebraska's Taxpayer Transparency Act (Neb. Rev. Stat. 84-602.01, as may be amended), as of January 1, 2014, the Ϲ 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 www.nebraskaspending.gov. It shall be the sole responsibility of the Contracting Party to notify the University of any requested redactions to such contracts and documents under Neb. Rev. Stat. 84-712.05(3) at the time of execution. SECTION 15. VIETNAM ERA VETERANS READJUSTMENT ASSISTANCE ACT (VEVRAA). If applicable, this Consultant and subconsultant shall abide by the requirements of 41-CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime Consultants and subconsultants to employ and advance in employment qualified protected veterans. SECTION 16. SECTION 503. If applicable, this Consultant and subconsultant shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime Consultants to employ and advance in employment qualified individuals with disabilities. SECTION 17. PROPERTY RULES AND REGULATIONS, TOBACCO USE. Employees of Consultants and any subconsultants shall comply with all University rules and regulations pertaining to conduct on University's property. University reserves the right to request the removal or replacement of Consultants or subconsultant employees who fail to comply with such rules and regulations. The University's campus is tobacco-free. Use of tobacco products is not permitted on University's property. Consultant is expected to respect this tobacco-free policy and fully comply. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first stated above. BOARD OF REGENTS OF THE UNIVERSITY OF NEBRASKA By: By: Name: Name: Title: Title: Exhibit A Miscellaneous Terms & Conditions 1.General. The Agreement may not be changed in any way except by an instrument in writing signed by both parties. The Contract Documents cancel and supersedes any prior understandings or agreements between the parties with respect to the subject matter hereof. Failure of any party to enforce its right under the Contract Documents shall not constitute a waiver of such rights or of any other rights under the Contract Documents. 2.Termination for Cause. University may terminate the Agreement at any time if Consultant fails to carry out its terms or fails to make substantial progress toward the fulfillment of those terms. In such an event, University shall provide Consultant with a thirty (30) day written notice of the terms in breach. If after such notice, Consultant fails to remedy the breach within those 30 days, University may immediately cancel the Agreement. 3.Contract Assignment. The Agreement shall not be transferred or assigned without prior written consent of University. 4.Indemnity, General and Patent. Consultant shall indemnify and save harmless University and its respective officers, agents and employees from and against any and all liabilities and losses whatsoever, including without limitation, costs and expenses in connection therewith, on account of, or by reason of, injury to or death of, any person whosoever, or loss of or damage to any property whatsoever, suffered or sustained in the case of, or in connection with, the negligent performance of the Agreement, except for that liability and loss arising from the acts or omissions of University or its agents. With respect to anything provided to University by Consultant. Consultant shall indemnify University and its respective officers, agents and employees against liability, including costs and attorney's fees for infringement of any United States patent, copyright, trade infringement or other intellectual property right arising out of the manufacture, delivery and use of such by University. 5.Governing Law; Venue. The laws of the State of Nebraska shall govern. Any dispute arising under the Agreement, which is not settled by agreement of the parties, shall be resolved in forums (except for applicable federal appellate courts) located in the State of Nebraska. 6.Force Majeure. Neither party shall be liable to the other for damages for any delay in performance arising out of causes beyond its reasonable control and without its fault or negligence, including without limitation: (1) fire, flood or water damage, elements of nature or other acts of God, including any of the foregoing that are harmful to electronic circuitry; (2) outbreak or escalation of hostilities, war, riots, or civil disorders in any country; (3) act or omission of the other party or any governmental authority, (4) labor disputes (whether or not the employees demands are reasonable or within the partys power to satisfy), (5) non-performance by a third party (including any voice or data telecommunications common carrier), (6) failures or fluctuations in telephone, computer or other telecommunications equipment or lines or other equipment, (7) the real, potential, or credible threat of terrorist activity, or (8) a health emergency (e.g. serious outbreak of contagious disease such as a influenza pandemic) which in the judgment of University poses a serious threat to the public health. In the case of any such excusable delay, the non-performing party will be excused from performance of any affected obligation only for so long as the cause of the excusable delay prevails and such party continues to use commercially reasonable efforts to re-commence performance of its obligations as soon as possible; provided however, that the parties may mutually agree that such excusable delay is cause to cancel the Agreement in its entirety, in which case neither party shall be liable to the other for any further performance in relation obligations arising after cancellation. 7.Compliance with Laws and Regulations; Gramm Leach Bliley; Ϲ Policies. This Agreement must comply with all applicable federal, state and local laws, specifically including all laws and regulations related to the protection and security of any personal information gathered by Consultant, such as the Gramm Leach Bliley Act implemented at the Ϲ by Presidential Executive Memorandum No. 26 which requires specific Consultant contract provisions; and all other applicable policies of the University, including those stated within the Ϲ Travel Policy (located at HYPERLINK "/-/media/unca/docs/offices-and-policies/policies/policies/university-of-nebraska-travel-policy.pdf)"/-/media/unca/docs/offices-and-policies/policies/policies/university-of-nebraska-travel-policy.pdf). Consultant agrees to indemnify University against any loss, cost, liability, or damage by reason of Consultant's violation of any applicable law or regulation. Consultant must be qualified to conduct the business necessary to the performance of the Agreement in the State of Nebraska throughout the duration of the Agreement term or any renewal thereof. Consultant shall obtain, at its own cost and expense, all necessary licenses, professional certifications and permits and shall assume the responsibility for and pay all applicable fees and all other taxes, which are now or may be imposed in the future by any governmental authority arising out of the conduct of Consultant's business. 8.Sexual Harassment. State and federal law, as well as the policies of the Board of Regents of the Ϲ, prohibit sexual harassment of members of the University community. Sexual harassment includes any unwelcome sexual advance, any request for a sexual favor, or any other verbal or physical conduct of a sexual nature that is so pervasive as to create a hostile or offensive environment. Consultants, subconsultants and suppliers for this project are required to exercise control over their employees so as to prohibit acts of sexual harassment of University employees, students and other members of the University community. The employer of any person who, in its reasonable judgment, determines has committed an act of sexual harassment agrees as a term and condition of any contract awarded hereunder to cause such person to be removed from the project site and from Universitys premises and to take such other action as may be reasonably necessary to cause the sexual harassment to cease. 9.Drug Free Workplace. Consultant agrees that in the performance of this Agreement, neither Consultant nor any of its employees shall engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity covered by the Agreement. University reserves the right to request a copy of Consultant's Drug Free Workplace Policy. Consultant further agrees to insert a provision similar to this statement in all subcontracts or services hereunder. 10.Weapons Policy. Possession of dangerous weapons (concealed or unconcealed) on University property, on the work site, in University vehicles, or in personal vehicles when on University property shall be a violation of University policy. (A dangerous weapon shall include guns, knives, explosives, or any other device as determined by University, which in the manner used or intended is capable of producing death or bodily injury. Devices authorized by the Vice Chancellor for Business and Finance and/or provided to its employees for the purpose of carrying out work responsibilities shall not be deemed dangerous weapons for the purpose of this policy.) Violations of this policy shall make the offender subject to appropriate disciplinary action. Should the University in its reasonable judgment, determine that Consultant, or its employee or agent, has committed an act in violation of this policy, the Consultant agrees as a term and condition of the Agreement, to cause such person and weapon, to be removed from the project site, and from the Universitys premises, and to take such other action as may be reasonably necessary, to ensure compliance with this weapons policy. 11.Equal Opportunity in Procurement and Contracts. The University recognizes the importance of a strong culturally diverse business community and the positive impact that successful businesses have upon the people of the State of Nebraska. The University assumes a leadership role in actions that will provide business opportunities for all businesses in the State of Nebraska. Accordingly, the University reaffirms its policy of providing equal opportunity to small business enterprises and to minority, disadvantaged, and women owned business enterprises in all aspects of the Universitys procurement and contracting activities. This includes procurement of contracts for operational supplies and equipment, construction projects and materials, service contracts and License agreements. It is also the Universitys policy that any person or business seeking the opportunity to do business with the University shall not be discriminated against on the basis of race, color, religion, sex, national or ethnic origin, age, disability, marital status, or veteran status. The University conducts its procurement and contracting activities in a manner designed to prevent unlawful discrimination. University policies are consistent with applicable state and federal laws and regulations prohibiting unlawful discrimination. 12.Proprietary Information; Confidential Employee Information; HIPAA; FERPA. It is to be expected that the parties to the Agreement may find it necessary to reveal certain proprietary information to each other. The Agreement may, when proprietary information is exchanged, include certain provisions to mutually protect against the use and disclosure of the proprietary information of each party. In the unusual circumstance that the Agreement should result in the sharing of employee information protected by the law or University policy, information protected by the Health Insurance Portability and Accountability Act, information protected by the Family Educational Rights and Privacy Act of 1974, or any other information deemed confidential and protected by the law, the parties to the Agreement agree to maintain the confidentiality of such information to the extent and manner required by the law and University policy. 13.Subconsultants. Consultant shall not subcontract all or substantially all of any facet of the Services without the prior written approval of University. Consultant shall be fully responsible for the acts and omissions of its subconsultants and of the persons directly or indirectly employed by them. Every subconsultant shall be bound by the terms of the Contract Documents; provided however, that no contractual relationship shall exist between any subconsultant and University, unless it is evidenced in a separate contract independent of the Agreement with Consultant. 14.Legislative Funding Out Clause. Notwithstanding any provision in the Agreement to the contrary, if the legislative body appropriating funds, does not allocate sufficient funds to allow University to make any periodic payment agreed to in the Agreement for any future fiscal period, University will not be obligated to pay the Agreement balance remaining at the time of the governmental funding short-fall. 15.Parking. University shall not be responsible for providing parking for Consultant's parking needs. Consultant and/or its employees and agents will be solely responsible for any fines resulting from parking violations occurring on Universitys property. It is recommended that Consultant and any temporary employees contact the University to obtain information regarding parking and to obtain permits. 16.Building Rules and Regulations; Tobacco Use. Employees of Consultant and any subconsultants shall comply with all University rules and regulations pertaining to conduct in Universitys facilities. University reserves the right to request the removal or replacement of Consultant or subconsultant employee who fails to comply with such rules and regulations. All Buildings, Property and University owned vehicles are tobacco-free. Use of tobacco products is not permitted in or on any University Facility/Property. The Consultant is expected to respect this tobacco-free policy and fully comply with it. 17.Use of Premises. To the extent that the Agreement requires Consultant or its employees or agents to be present on or within Universitys properties, then Consultant shall limit its presence and activities to such areas as are reasonably necessary in order to perform under the Agreement. The Consultant shall take such precautions as are required to avoid damage to buildings, facilities, utilities, ground resources, trees and landscape amenities, and other properties adjacent to Consultant's activities within the scope of the Agreement and agrees to be responsible and/or carry out any repairs for which it is liable, as a result of its performance under the Agreement. 18.Hazardous Waste Generated by Consultants. Any hazardous waste, which is generated from the performance of the Agreement, shall be properly disposed of by Consultant, in a timely fashion, and in accordance with applicable hazardous waste laws and regulations. The cost for hazardous waste management and disposal is Consultant's responsibility. Should University deem it prudent to dispose of any hazardous waste left on its property, as a result of Consultant's failure to meet its responsibilities, all costs associated with such disposal shall be deducted from any amount yet to be paid to the Consultant and/or billed to the Consultant. University Environmental Health Services is to be notified of all hazardous waste issues. Any non-hazardous waste generated in the performance of this Agreement must be disposed of off campus by Consultant. 19.Delivery; F.O.B.; Shipping. Consultant shall bear all costs of transportation, packing, crating, delivery, installation, storage, and service under warranty for any goods or related services, delivered pursuant to the Agreement. Consultant shall be responsible for and make delivery, including costs of delivery, cartage, temporary storage, off-loading costs, and insurance, F.O.B. destination: Ϲ. Unless otherwise specified, all shipments will utilize the best commercial practice to insure safe arrival at the University delivery point. 20.Quantity. With respect to quantity of any good purchased under the Agreement, University need not accept any variation in quantity except as specified in the Contract Documents. Over-shipments may be returned to Consultant at its expense, which shall include a reasonable cost for University handling, or be retained by University at no increase in price. 21. Inspection. University may, at any time in the course of the Agreement, inspect and test materials and supplies being used in the performance of the Agreement, including at the point of manufacture. If inspection and tests are made on Consultant's premises, Consultant without additional charge, shall provide reasonable facilities and assistance for the safety and convenience of the testing/inspection personnel. Except as otherwise agreed in writing, all goods, equipment and supplies furnished under the Agreement shall be subject to final inspection and acceptance by University at the delivery destination. 22.Defective Goods or Work. University, notwithstanding any prior acceptance, at its option, may reject or require prompt correction (in place or elsewhere) of any goods, equipment, supplies, or other work, which are defective in material or workmanship or otherwise fail to meet the requirements of the Agreement. All supplies furnished under the Agreement shall be subject to inspection at F.O.B. destination, and Consultant shall be given notice of any defects, other than latent defects, within a reasonable time after receipt of the goods, equipment, and supplies, along with all records of delivery. University may, in addition to any rights it may have by law, prepare for shipment and ship the defective goods, equipment, and supplies to Consultant, require Consultant to remove them, or direct a correction in place. The expense of any such remedy shall be borne by Consultant, including any excess cost. 23.Liens. Consultant warrants that it has title to any goods delivered under the Agreement and shall deliver same free of all liens, claims, and encumbrances. 24.Federal, State and Local Sales Taxes; Federal Excise Taxes. Purchases made by the University are exempt from the payment of State Sales and Use Taxes and Federal Excise Taxes. Certification of these exemptions will be provided to Consultant following the execution of the contract documents. 25.Ambiguities. Should Consultant perceive an ambiguity in the Contract Documents, Consultant shall request an interpretation from University before proceeding. If Consultant fails to make such a request, failure to perform with respect to the alleged ambiguity shall not be excused. 26.Recycling Policy. When purchasing products, materials, or supplies for use, University, when making such purchases shall actively pursue the purchase of products, materials, or supplies which are manufactured or produced with at least 10% post-consumer recycled materials. This policy shall not operate when it would result in the purchase of products, materials, or supplies that are of inadequate quality, not readily available or substantially higher in cost. It is the intent of University to continually increase the percentage produced from post-consumer recycled material, and, to increase each year the types and variety of products, materials, or supplies purchased with post-consumer recycled material. 27.Consultant Identification. Consultant shall cause each of its employees or any person acting on behalf of the Consultant, while providing goods/services to University under this Agreement and working on Universitys property, to carry identification, with photo, showing that the individual is an employee or person acting on behalf of the Consultant. A badge worn outside of clothing is appropriate for this purpose. Such identification shall be produced upon request of any University representative, in order to confirm that the Consultant's representative is authorized to be present on Universitys property and/or performing as authorized by the Agreement. Whereas campus security is of utmost importance, failure of any Consultant representative to produce the requisite identification upon request, shall be a material breach of the Agreement and shall be cause, at the discretion of University, for immediate termination of the Agreement. For those who commonly wear a work uniform, such uniform shall be worn while providing the services related to this Agreement in order that University may quickly and clearly identify Consultant's service representatives when necessary. A uniform, however, does not take the place of a photo identification badge. 28.Legal Relationship. Consultant shall under no circumstances be considered as an agent or employee of University and shall have no right or authority to, in any manner, obligate University to any person or company except as authorized in writing by University. 29.Use of University Names and Logos. Consultant shall not use any University name, sign, logo, symbol, etc. for any purpose, without the prior written approval of University. Use of University brands generally requires licensing. 30.Improper Business Relationships and Conflict of Interest Prohibited. In connection with this Agreement, Consultant shall ensure that no improper, unethical, or illegal relationships, or conflict of interest exists between or among Consultant, the University and any staff and faculty, and any other party to this Agreement. University reserves the right to determine the materiality of such relationships, when discovered or disclosed, whether intended or not; and to decide whether or not cancellation of award shall result. Such cancellation shall be at no fault or liability whatsoever to University. 31.Electronic and Information Technology Accessibility. All electronic and information technology procurements, agreements, and contracts shall comply with Americans with Disabilities, Section 508 or the Rehabilitation Act of 1998 as amended and the Nebraska Accessibility Policy to be found at: https:// nitc.nebraska.gov/standards/2-Chapter.pdf. 32.LB403 Compliance. Consultant, on behalf of itself and any subconsultant to the Agreement, agrees that it 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 as amended. 33.Equal Opportunity Clause Certification of Non-Segregated Facilities, Executive Order 11246. This form will be provided and shall be executed by the Consultant upon notice of award. 34.Consultant's Certificate of Insurance. Consultant will be required to furnish a certificate of insurance with bodily injury/personal injury/liability coverage, property damage liability coverage, and workman's compensation coverage. This certificate must be on file prior to any commencement of Work. It is necessary that the Board of Regents of the Ϲ is listed as an additional insured be added to the face of the certificate for all coverage except worker's compensation and professional liability (if required). The above statement must be worded in this manner. It is also necessary that a Completed Operations Coverage must be included as part of Vendors General Liability. 35.Debarment. Consultant certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the transaction (Agreement), by any governmental department or agency. If Consultant cannot certify this statement, submit a written explanation for review by University. 36.Use of Name or Intellectual Property. Architect, Consultants and Subconsultants will not use the name or any intellectual property of University, including, but not limited to, any University trademarks or logos in any manner, including commercial advertising or as a business reference, without the express prior written consent of University. Architect, Consultant and Subconsultants will not use Universitys 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 Architects, Consultants or Subconsultants business. 37.Taxpayer Transparency Act. Pursuant to Nebraska's Taxpayer Transparency Act (Neb. Rev. Stat. 84-602.01, as may be amended), 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 Provider to notify University of any requested redactions to the Agreement under Neb. Rev. Stat. 84-712.05(3) at the time of execution. In addition, Provider agrees to defend any challenge to such redactions at its own expense. 38. Equal Opportunity (intentionally bolded). If this Agreement is for $10,000 or more and involves federal funds, then Consultant shall comply with 41 CFR 60-1.4(a), 60-300.5(a), and 60-741.5(a), incorporated by reference with the following statement: This contractor and subcontractor shall abide by the requirements of 41 CFR 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, national origin or for inquiring about, discussing, or disclosing compensation. 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, disability or veteran status. 39. Affirmative Action Program. If Consultant has fifty (50) or more employees and this Agreement involves payment of $50,000 or more in federal funds to Consultant, then Consultant shall develop or maintain an affirmative action program as described in 41 CFR 60 2 or 41 CFR 60 741, subpart C, as applicable. 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