BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING
Final Board Book January 16-17, 2008
AGENDA BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING EDUCATION AND RESEARCH CENTER UNIVERSITIES CENTER 3825 RIDGEWOOD ROAD JACKSON, MISSISSIPPI January 16-17, 2008
Wednesday, January 16, 2008
A. Committee Meetings: ● 1:30 p.m. - Educational Policies & Programs – Dr. Bettye Neely, Chair ● 3:00 p.m. - Real Estate & Facilities – Mr. Scott Ross, Chair ● 3:30 p.m. – Strategic Planning Committee – Mr. Thomas Colbert, Chair
Thursday, January 17, 2008 ______A. 8:30 a.m. – Call to Order B. Prayer – Ms. Robin Robinson C. Approval of Minutes ♦November 14, 2007 Regular Board of Trustees Meeting D. Special Recognition ♦ Dr. Wayne Stonecypher, Executive Director, Community and Junior Colleges ♦ Dr. Malvin Williams, Interim President, Alcorn State University E. Consent Agenda – Dr. Stacy Davidson F. Educational Policies & Programs – Dr. Bettye Henderson Neely G. Gulf Coast Committee Update – Ms. Amy Whitten H. Legal – Ms. Amy Whitten I. Budget, Finance & Audit – Mr. Aubrey Patterson J. Real Estate & Facilities – Mr. Scott Ross K. Governance – Dr. D. E. Magee L. Administration/Policy - Dr. Thomas C. Meredith M. Commissioner’s Report - Dr. Thomas C. Meredith ♦ 2007 Best Practices Award Winners N. Additional Agenda Items if Necessary O. Reconsideration P. Other Business/Announcements Q. Executive Session if Determined Necessary R. Adjournment
BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING JANUARY 17, 2008
TABLE OF CONTENTS
I. APPROVAL OF THE MINUTES
1. November 14, 2007 Regular Board of Trustees Meeting...... 1
II. *CONSENT ITEMS
A. EDUCATIONAL POLICIES AND PROGRAMS
1. System Administration – Approval of Degrees Conferred in December 2007...... 41 2. System Administration – Approval of Degrees to be Conferred in February 2008...... 41
B. BUDGET, FINANCE AND AUDIT
Approval of Contracts
1. UMMC – Contract Extension for Medical Transcription Services with MedQuist, Inc...42 2. UMMC – Contract Amendment for Additional Space with Jackson Medical Mall Foundation ...... 42 3. UMMC – Contract for Billing Services with National Billing Associates ...... 42 4. System Administration – JSU Educational Building Corporation to Enter into Bond Swap (Information Item) ...... 43
C. REAL ESTATE AND FACILITIES
Approval of Initiation of Projects/Appointment of Professionals
1. JSU – GS 103-247, J. Y. Woodard Building Renovation...... 43 2. JSU – GS 103-248, Dining Hall Renovation ...... 43 3. MSU – IHL 213-137, Horse Park Site...... 43 4. MUW – GS 104-161, Cromwell Electrical & Mechanical ...... 44 5. USM – IHL 214-013, Entertainment Industry Facility, Gulf Park Campus ...... 44
Approval of Award of Contract
6. UMMC – IHL 209-506, Emergency Fuel Center...... 44
Approval of Budget Increases/Change of Scopes
7. JSU – GS 103-231, E-City Center Project...... 44 8. UM – IHL 207-295, Comprehensive Master Plan...... 45 9. USM – IHL 208-268, Data Center Upgrade...... 45
Approval of Other Real Estate and Facilities Requests
10. MSU – Lease Agreement...... 45
i D. PERSONNEL
Approval of Personnel Requests
1. Employment (ASU, UM, UMMC & USM) ...... 47 2. Change of Status of Personnel (UM & UMMC) ...... 47 3. Emeritus Status (UMMC)...... 48
*Without objection, these items will not be discussed (unless there are questions) and will stand approved as presented.
III. APPROVAL & INFORMATION ITEMS
A. EDUCATIONAL POLICIES & PROGRAMS
1. System Administration – Approval of New Academic Unit...... 49 2. System Administration – Online Degree Programs (Information Item) ...... 49 3. System Administration – Modification to Existing Academic Unit (Information Item) ..50 4. System Administration – Institutes and Centers (Information Item) ...... 50
B. LEGAL
1. UM – Approval to Settle A Workers’ Compensation Case ...... 50 2. MSU – Approval of Contract for Legal Services with David Ware & Associates, L.L.C...... 50 3. MUW – Approval of Interlocal Cooperation Agreement with the City of Columbus...... 50 4. System Administration – Report of Payments to Outside Counsel (Information Item)....55 5. System Administration – Discussion of Termination of Contract for Legal Services Between DLA Piper U. S. and MSU...... 59
C. BUDGET, FINANCE AND AUDIT
Approval of Contract
1. JSU – Approval of Amendment to Bookstore Contract...... 60
D. REAL ESTATE & FACILITIES
Approval of Initiations of Projects/Appointments of Professionals
1. MSU – IHL 205-231, South Entrance Road...... 61 2. USM – GS 116-001, Cross Creek Master Planning – Gulf Coast Campus ...... 61 3. USM – IHL 208-236, Tennis Court Relocation...... 61
Approval of Budget Increase/Change of Scope
4. UMMC – IHL 209-435C, Guyton Building Expansion...... 61
ii
Approval of Other Real Estate and Facilities Requests
5. JSU – Resolution Request for Conveyance of Certain Parcels...... 62 6. JSU – Lease of Certain Parcels...... 62 7. MSU – Sale of 1.607 Acres of Land...... 63 8. UM – Approval of Development Agreement ...... 63 9. MSU – Naming of New Residence Hall...... 63 10. System Administration – Real Estate and Facilities Items Subsequent to the November 14, 2007 Board Meeting (Information Item) ...... 64
E. GOVERNANCE
1. System Administration – Approval of Proposed Amendments to Board Policy 201.0608 Institutional Executive Officer/Commissioner of Higher Education Search Process...... 73
F. ADMINISTRATION/POLICY
1. System Administration – Election of Vice President of the Board of Trustees for the Term Beginning May 8, 2008 and Ending May 7, 2009...... 79 2. System Administration – Approval of Agenda Items Approved Subsequent to the November 14, 2007 Board Meeting. The Commissioner Granted Approval and Requests Board Ratification...... 80
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MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING
November 14, 2007 Regular Board of Trustees Meeting
01/14/2008 MINUTES OF THE BOARD OF TRUSTEES OF 2 STATE INSTITUTIONS OF HIGHER LEARNING November 14, 2007
BE IT REMEMBERED, That the Board of Trustees of State Institutions of Higher Learning of the State of Mississippi met in a regular session at the Board Office in Jackson, Mississippi, at 8:30 a.m., and pursuant to notice in writing mailed by certified letter with return receipt requested on August 21, 2006, to each and every member of said Board, said date being at least five days prior to this November 14, 2007 meeting. At the above- named place there were present the following members to wit: Mr. H. Ed Blakeslee, Mr. Thomas W. Colbert, Dr. Stacy Davidson, Mr. Roy Estess, Dr. D. E. Magee, Jr., Dr. Bettye Henderson Neely, Ms. Virginia Shanteau Newton, Mr. Bob Owens, Mr. Aubrey B. Patterson, Ms. Robin J. Robinson, Mr. Scott Ross and Ms. Amy Whitten. The meeting was called to order by Dr. Stacy Davidson, President, and opened with prayer by Mr. Aubrey Patterson.
APPROVAL OF THE MINUTES
On motion by Ms. Robinson, seconded by Dr. Neely, with Mr. Owens and Mr. Ross absent and not voting and Ms. Newton abstaining from the approval of the September minutes due to her absence from the September meeting, it was
RESOLVED, That the Minutes of the Board meeting held on September 19-20, 2007; the teleconference meeting held on October 8, 2007; and the meeting and retreat held on October 16-18, 2007, stand approved.
CONSENT AGENDA
On motion by Ms. Robinson, seconded by Ms. Newton, with Mr. Owens and Mr. Ross absent and not voting, it was
RESOLVED, That the Board hereby approved the following Consent Agenda.
EDUCATIONAL POLICIES AND PROGRAMS
1. System Administration - Approved the degrees to be conferred in December 2007, as follows:
Institution Degree to be Conferred Number Subtotal Total
Delta State University College of Arts and Sciences Bachelor of Arts 16 Bachelor of Fine Arts 16 Bachelor of Music Education 2 Bachelor of Science 31 Bachelor of Science in Education 8 Bachelor of Science in Criminal Justice 10 Bachelor of Science in Interdisciplinary Studies 14
1 01/14/2008 MINUTES OF THE BOARD OF TRUSTEES OF 3 STATE INSTITUTIONS OF HIGHER LEARNING November 14, 2007
Institution Degree to be Conferred Number Subtotal Total Bachelor of Social Work 1 98 College of Business Bachelor of Business Administration 73 Bachelor of Commercial Aviation 13 86 College of Education Bachelor of Arts 14 Bachelor of Science 43 Bachelor of Science in Education 24 Bachelor of Science in General Studies 3 84 School of Nursing Bachelor of Science in Nursing 19 19 School of Graduate Studies Master of Business Administration 17 Master of Commercial Aviation 9 Master of Education 80 Master of Arts in Teaching 7 Master of Professional Accountancy 4 Master of Science in Community Development 5 Master of Science in Criminal Justice 6 Master of Science in Natural Sciences 2 Educational Specialist 14 Doctor of Education 3 147 434
Mississippi State University College of Agriculture and Life Sciences Bachelor of Landscape Architecture 2 Bachelor of Science 96 Master of Agribusiness Management 5 Master of Landscape Architecture 2 Master of Science 22 Doctor of Philosophy 7 134 College of Architecture, Art, and Design Bachelor of Architecture 1 Bachelor of Fine Arts 19 Master of Science 5
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Institution Degree to be Conferred Number Subtotal Total 25 College of Arts and Sciences Bachelor of Arts 98 Bachelor of Science 100 Bachelor of Social Work 2 Master of Arts 10 Master of Public Policy and Administration 5 Master of Science 27 Doctor of Philosophy 5 247 College of Business and Industry Bachelor of Business Administration 175 Master of Arts 2 Master of Business Administration 54 Master of Science Business Administration 2 Master of Science Information Systems 2 Doctor of Philosophy 4 239 College of Education Bachelor of Science 194 Bachelor of Music Education 4 Master of Arts in Teaching 4 Master of Arts in Teaching Secondary 4 Master of Science 37 Master of Science Instructional Technology 7 Educational Specialist 14 Doctor of Philosophy 21 285 College of Engineering Bachelor of Science 89 Master of Science 51 Doctor of Philosophy 14 154 College of Forest Resources Bachelor of Science 10 Master of Science 11 Doctor of Philosophy 2 23 College of Veterinary Medicine Master of Science 3 Doctor of Philosophy 3 Doctor of Veterinary Medicine 1
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Institution Degree to be Conferred Number Subtotal Total 7 School of Accountancy Bachelor of Accountancy 24 Master of Professional Accountancy 4 28 1142
Mississippi University for Women Undergraduate Bachelor of Arts 15 Bachelor of Fine Arts 1 Bachelor of Music 1 Bachelor of Science 53 Bachelor of Science in Nursing 10 Graduate 80 Master of Arts in Teaching 4 Master of Education 2 Master of Science 7 Master of Science in Nursing 1 14 94
University of Mississippi College of Liberal Arts Bachelor of Arts 181 Bachelor of Science 21 Bachelor of Fine Arts 6 Bachelor of Music 5 213 School of Engineering Bachelor of Science in Chemical Engineering 1 Bachelor of Science in Civil Engineering 4 Bachelor of Science in Computer Science 4 Bachelor of Science in Electrical Engineering 1 Bachelor of Science in Geological Engineering 1 Bachelor of Engineering 1 12 School of Education Bachelor of Arts in Education 6 6 School of Business Bachelor of Business Administration 131
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Institution Degree to be Conferred Number Subtotal Total 131 School of Accountancy Bachelor of Accountancy 28 28 School of Applied Sciences Bachelor of Arts 4 Bachelor of Science 26 Bachelor of Science in Exercise Science 14 Bachelor of Social Work 1 Bachelor of Science in Family and Consumer Sciences 25 Bachelor of Arts in Parks and Recreation Management 1 Bachelor of Paralegal Studies 3 74 Graduate School Master of Arts 17 Master of Science 19 Master of Accountancy 4 Master of Business Administration 6 Master of Education 32 Specialist in Education 7 Doctor of Arts 1 Doctor of Education 1 Doctor of Philosophy 12 99 Law School Juris Doctor 13 13 576
University of Mississippi Medical Center Undergraduate Bachelor of Science in Health Sciences 4 4 Graduate/Professional Master of Science* 2 Master of Science in Nursing 9 Doctor of Philosophy* 2 13 *November 2, 2007 17
University of Southern Mississippi College of Arts and Letters
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Institution Degree to be Conferred Number Subtotal Total Bachelor of Arts 158 Bachelor of Fine Arts 18 Bachelor of Music 7 Bachelor of Music Education 8 Bachelor of Science 8 Master of Arts 13 Master of the Arts in the Teaching of Languages 4 Master of Fine Arts 1 Master of Music 3 Master of Science 5 Doctor of Musical Arts 1 Doctor of Philosophy 6 232 College of Business Bachelor of Science 11 Bachelor of Science in Business Administration 204 Master of Business Administration 3 Master of Professional Accountancy 4 222 College of Education and Psychology Bachelor of Science 177 Master of Arts 3 Master of Education 16 Master of Library and Information Science 19 Master of Science 13 Specialist in Education 14 Specialist in Library and Information Science 2 Doctor of Education 3 Doctor of Philosophy 18 265 College of Health Bachelor of Arts 19 Bachelor of Science 86 Bachelor of Social Work 11 Master of Public Health 14 Master of Science 15 Master of Social Work 17 Doctor of Philosophy 3 165 School of Nursing Bachelor of Science in Nursing 61 Master of Science in Nursing 22
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Institution Degree to be Conferred Number Subtotal Total 83 College of Science and Technology Bachelor of Arts 37 Bachelor of Science 132 Master of Science 41 Doctor of Philosophy 16 226 1193
System Total 3456
BUDGET, FINANCE AND AUDIT
2. UMMC - Approved the request to issue an amendment to the agreement with Sodexho Operations, LLC. The amendment is for the provision of food services and dietitians for the University Hospitals and Clinics in Holmes County and Durant Nursing Center. Commencement of the additional services is scheduled to begin on November 15, 2007 and continue through the original contract end date of March 31, 2010. The amendment for the additional services is not to exceed $1.2 million and the amended overall contract amount is $2,370,850.60. A copy of the amended agreement which has been reviewed and approved by the Attorney General’s Office is included in the November 14, 2007 Board Working File.
3. UMMC - Approved the request to enter into an agreement with Kronos Incorporated for the purchase and implementation of the Kronos Visionware software. Selection of Kronos Visionware was a sole source determination based on the interface capabilities with current modules such as Kronos Timekeeper and Scheduler and an overall presence in the marketplace (numerous large institutions). The contract completion date is December 31, 2008 and the contract amount is not to exceed $400,000. A copy of the agreement which has been reviewed and approved by the Attorney General’s Office is included in the November 14, 2007 Board Working File.
4. UMMC - Approved the request to enter into an agreement with Allied Waste Services for the collection and disposal of solid waste. The waste sites include the UMMC main campus, Jackson Medical Mall, UMMC Clinics on Lakeland Drive, the Medical Tower on E. Woodrow Wilson Street, the Blake Clinic on S. Stadium Circle, the Batson Children’s Community Clinic on I-55 North, and the Lexington Hospital. The term of the contract is December 1, 2007 through November 30, 2010 with an option to renew for two (2) additional one-year periods. The cost of the contract shall not exceed $1,800,000 for the entire length of the contract. This agreement and contract amount also includes an estimate for new waste sides and increases during the contract period. A copy of the agreement which has been reviewed and approved by the Attorney General’s Office is included in the November 14, 2007 Board Working File.
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REAL ESTATE AND FACILITIES
5. MSU - Approved the award of a contract in the amount of $523,500 (base bid plus alternate #1) to Triplett Electric Company, Louisville, MS, the low bidder, for GS 113-113, Wise Center Fire Alarm/Security, and request approval of the Bureau of Building, Grounds and Real Property Management. Also, approved an increase in the project budget from $550,000 to $590,000, an increase of $40,000 in order to accept the alternate and provide a 5% project contingency. This project installs a new Class B, addressable fire alarm system in the Wise Center. Funds are available from Senate Bill 2010, Laws of 2004, in the amount of $550,000, and from CVM Dean’s overhead in the amount of $40,000.
PERSONNEL REPORT
EMPLOYMENT Chromiak, Joseph A. Diehl, III, Walter J. Jackson State University Rankins, Jr., Alfred Barnett, M. Edwina Dodor, Koffi Mississippi Valley State University - Athletics Patterson, Frederick Mississippi State University Brown, Stanley P. Mississippi Valley State University Johnson, Kim D. Green, Jerome Thomas, Michael W. Williams, Tamara
University of Mississippi Medical Center University of Mississippi Medical Center Amos, Kelly Frate, Dennis A. Burgdorf, Casey Wallace Kendrick, Traci G. Guice, Janie Nowell, Steven D. Qureshi, Faiza N. Todaro, Jr., Michael C.
University of Southern Mississippi University of Southern Mississippi Gregg, Mary Dayne Burchell, Susan Hubble Yang, Hsaio-Fen TERMINATION CHANGE OF STATUS Alcorn State University Alcorn State University Conner, Deondra Lee, Donzell EMERITA/EMERITUS STATUS Jackson State University Watkins, Daniel University of Southern Mississippi Betounes, David E. Mississippi State University Greiner, Joy Amburn, Elton P. Tucker, Samuel Bland, Jerry W.
8 01/14/2008 MINUTES OF THE BOARD OF TRUSTEES OF 10 STATE INSTITUTIONS OF HIGHER LEARNING November 14, 2007
SABBATICAL LEAVE Mississippi University for Women Pieschel, Bridget Delta State University Richardson, Tom Rushing, Robert Kim
TEXTBOOK TASK FORCE COMMITTEE
Chaired by Mr. Troy Stovall, Senior Vice President for Finance and Operations at Jackson State University, the Task Force presented recommendations for various applicable publics, including System administration, members of the student body, campus bookstores, System Faculty Senate members, the Board of Trustees, and the Mississippi Legislature. Mr. Patterson thanked Mr. Stovall and the Task Force members for their hard work.
On motion by Mr. Patterson, seconded by Mr. Colbert, with Mr. Ross absent and not voting, the Board voted to receive and, where possible, approve the recommendations presented within the report by the Task Force.
BUDGET, FINANCE & AUDIT AGENDA Presented by Mr. Aubrey Patterson, Chair
AGENDA ITEM #1 WAS APPROVED AS SHOWN BELOW. On motion by Mr. Patterson, seconded by Ms. Robinson, with Mr. Ross absent and not voting, it was
RESOLVED, That the Board hereby approved agenda item #3 as submitted on the following Budget, Finance & Audit Agenda. Agenda item #4 was approved on a separate motion by Mr. Patterson, seconded by Mr. Colbert, with Mr. Ross absent and not voting.
1. JSU - Requested approval of a Resolution authorizing the Jackson State University Educational Building Corporation (the "JSU/EBC") to issue certain Revenue Bonds, Series 2007 for a total amount not to exceed $52,500,000. The proposed bonds will be issued with a put option to fix the interest rate for a period of five-to-seven years which may be fixed prior to the put date should the market be favorable. As of October 17, 2007, JSU was projecting an initial present value savings of $2.2 million, an average annual savings just under $146,000. All funds to pay the related costs of issuance, sale, delivery of the Bonds and interest on and other costs relating to the Bonds should cost approximately $770,000.
A motion was made by Mr. Patterson, seconded by Dr. Neely, to approve agenda item #1 with the caveat that the university will closely monitor, actively manage, and convert the put option within no less than 3 and nor more than 3 ½ years. The motion passed on a 10 to 1 vote, with Mr. Ross absent and not voting. Board members voting for the motion were: Mr. Ed Blakeslee, Dr. Stacy Davidson, Mr. Roy Estess, Dr. D. E. Magee, Dr. Bettye Neely, Ms. Virginia Shanteau Newton, Mr. Bob Owens, Mr. Aubrey Patterson, Ms. Robin Robinson and Ms. Amy Whitten. Mr. Thomas Colbert voted against the motion.
2. Other Business - Mr. Patterson gave an update on JSU’s interest rate swap which was presented at the September meeting. Mr. Ross, Chairman of the Real Estate & Facilities Committee, and Mr. Patterson,
9 01/14/2008 MINUTES OF THE BOARD OF TRUSTEES OF 11 STATE INSTITUTIONS OF HIGHER LEARNING November 14, 2007
Chairman of the Budget, Finance & Audit Committee, were given the authority to approve the swap. Approval has not been given yet. Further information about the swap has been requested.
3. UMMC- Approved the renewal of an agreement with Norris FSG, Inc. for consulting services for professional financial and information services to the University Hospitals and Health System. The term of this contract is from January 1, 2008 through December 31, 2008. The contract is not to exceed $720,000. A copy of the agreement is included in the November 14, 2007 Board Working File.
4. System Administration - Approved the budget escalations for ASU, JSU and MVSU in the institutions’ Ayers Endowment Diversity Program(s) budgets. The escalations are needed to cover increased costs associated with program personnel and diversity student aid awards. The original budgets were set and approved during the June 2007 meeting of the Board. At that time, Board staff relied on estimates of available funding for these programs. Actual funding is now known and the institutions have been requested to revise budgets to actual. Each institution’s recommended budget is presented below:
Alcorn State University
Current Budget Budget Revised Budget Object of Expenditure 2007-2008 Revision #1 2007-2008 Salaries, Wages & Fringe Benefits $ 18,208 $ 18,208 Travel - - Contractual Services - - Commodities - - Capital Outlay: - - Equipment - - Library Resources - - Student Aid 73,792 179,264
Total $ 92,000 $ 105,472 $ 197,472
Jackson State University
Current Budget Budget Revised Budget Object of Expenditure 2007-2008 Revision #1 2007-2008 Salaries, Wages & Fringe Benefits $ 180,239 $ 1,414 $ 181,653 Travel - - Contractual Services - - Commodities - - Capital Outlay: - - Equipment - - Library Resources - - Student Aid - 191,015 191,015
Total $ 180,239 $ 192,429 $ 372,668
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Mississippi Valley State University
Current Budget Budget Revised Budget Object of Expenditure 2007-2008 Revision #1 2007-2008 Salaries, Wages & Fringe Benefits $ - $ 85,053 $ 85,053 Travel - - Contractual Services - - Commodities - - Capital Outlay: - - Equipment - - Library Resources - - Student Aid 121,976 157,956
Total $ 121,976 $ 121,033 $ 243,009
GULF COAST COMMITTEE
Chairman Amy Whitten announced that on December 4, 2007, the Gulf Coast Committee will join the Real Estate & Facilities Committee to tour the proposed Cross Creek site, which was selected in April 2007 as the Board’s preferred location of an additional campus of the University of Southern Mississippi. Dr. Martha Saunders, President of the University of Southern Mississippi, discussed the Cross Creek property and the proposed offerings by the university.
EDUCATIONAL POLICIES & PROGRAMS AGENDA Presented by Dr. Bettye Neely, Chair
On motion by Dr. Neely, seconded by Ms. Robinson, with Ms. Whitten absent and not voting, it was
RESOLVED, That the Board hereby approved agenda item #1a as submitted on the following Educational Policies & Programs Agenda. Agenda item #1b was approved on a separate motion by Dr. Neely, seconded by Dr. Magee, with Ms. Whitten absent and not voting. Agenda item #1c was approved on a separate motion by Dr. Neely, seconded by Dr. Magee, with Ms. Whitten absent and not voting. Agenda item #1d was approved on a separate motion by Dr. Neely, seconded by Dr. Magee, with Ms. Whitten absent and not voting. Agenda item #1e was approved on a separate motion by Dr. Neely, seconded by Ms. Robinson, with Ms. Whitten absent and not voting. Agenda item #1f was approved on a separate motion by Dr. Neely, seconded by Ms. Newton, and unanimously passed by those present. Agenda item #1g was approved on a separate motion by Ms. Whitten, seconded by Dr. Neely, and unanimously passed by those present. Agenda item #1h was approved on a separate motion by Mr. Blakeslee, seconded by Ms. Robinson, and unanimously passed by those present. Agenda item #2 was approved on a separate motion by Dr. Neely, seconded by Ms. Robinson, with Mr. Colbert absent and not voting.
11 01/14/2008 MINUTES OF THE BOARD OF TRUSTEES OF 13 STATE INSTITUTIONS OF HIGHER LEARNING November 14, 2007
1. System Administration - Approved the following new degree programs. a. Jackson State University requests permission to establish the Bachelor of Science in Earth System Science degree program (CIP 40.0601) within the College of Science, Engineering, and Technology. b. Jackson State University requests permission to establish the Master of Science in Sport Science degree program (CIP 31.0504) within the College of Education and Human Development. c. Mississippi State University requests permission to establish the Master of Arts in Interdisciplinary Sciences degree program (CIP 30.0101) within the College of Arts and Sciences. d. Mississippi State University requests permission to establish the Master of Science in General Biology degree program (CIP 26.0101) within the College of Arts and Sciences. e. Mississippi University for Women requests permission to establish the Bachelor of Arts/Bachelor of Science in Interdisciplinary Studies degree program (CIP 30.9999) within the College of Arts and Sciences. f. Mississippi University for Women requests permission to establish the Master of Fine Arts in Physical Theatre degree program (CIP 50.0506) within the College of Arts and Sciences. g. University of Mississippi requests permission to establish the Bachelor of Science in Hospitality Management degree program (CIP 52.0901) within the School of Applied Sciences. h. University of Southern Mississippi requests permission to establish the Bachelor of Science in Business Administration in Healthcare Marketing degree program (CIP 52.1499) within the College of Business.
2. System Administration - Approved the Accreditation Standards and the Rules and Regulations of the Mississippi Nursing Degree Programs based on submission and evaluation of annual reports documenting compliance with state accreditation standards, Miss. Code Ann. § 37-129-1 (1972), as amended. A copy of the documents is included in the bound November 14, 2007 Board Working File.
3. System Administration (Information item.) - The Board received the annual report on institutional accreditation. A copy of the report is included in the bound November 14, 2007 Board Working File.
4. System Administration (Information item.) - The following colleges and universities are recipients of the Halbrook Awards for Academic Achievement Among Athletes for 2006-2007 which are administered by the Mississippi Association of Colleges and Universities.
David C. Halbrook Award for Academic Achievement Among Athletes (Trophy) Division Award Recipient Public University - Men’s University of Southern Mississippi Public University - Women’s University of Southern Mississippi Independent College Division Millsaps College Community and Junior College Division Meridian Community College
John C. and Ernestine McCall Halbrook Achievement Award (Cash award to institution with greatest increase in percentage of athletes graduating.) Award recipient: Copiah-Lincoln Community College
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David M. Halbrook Certificate Award for Academic Achievement Among Athletes Certificates are awarded by the participating institutions to male and female student athletes who have excelled in academics, leadership, and/or service. A list of the recipients is included in the bound November 14, 2007 Board Working File.
REAL ESTATE & FACILITIES AGENDA Presented by Mr. Scott Ross, Chair
On motion by Mr. Ross, seconded by Mr. Owens, and unanimously passed by those present, it was
RESOLVED, That the Board hereby approved agenda items #2 - #16 as submitted on the following Real Estate & Facilities Agenda. Agenda items #17 - #19 were approved on a separate motion by Mr. Ross, seconded by Mr. Owens, and unanimously passed by those present. Agenda items #20 - #22 were approved on a separate motion by Mr. Ross, seconded by Ms. Robinson, and unanimously passed by those present.
1. Other Business - Mr. Ross thanked the Board members who attend the November 6th Real Estate & Facilities Committee meeting on the coast. The purpose of the committee meeting was to view the proposed Cross Creek site, which was selected in April 2007 as the Board’s preferred location of an additional campus of the University of Southern Mississippi. Ms. Newton commended Mr. Robert Bass, IHL Project Director — Gulf Coast operations, for his hard work on this project.
2. MUW – Approved the initiation of GS 104-160, Fant Library Renovation and Expansion, the appointment of Burris/Wagnon Architects, PA as project professionals and the request for approval by the Bureau of Buildings, Grounds and Real Property Management. Funding is available in the amount of $300,000 from HB 246, Laws of 2007.
3. MVSU – Approved the initiation of IHL 206-024, Re-Roof College Hall, and the appointment of Pryor & Morrow Architects as project professionals. The budget for the project will total $500,000 and will be funded through university sources.
4. UM - Approved the initiation of IHL 207- 305, Partial Parallel Taxiway - Phase I - Site Grading, and the appointment of Barge, Waggoner, Sumner, and Cannon, Inc., as the design professionals. The project budget is approximately $2,780,000. Funds are available from the Federal Aviation Association (95%), Mississippi Department of Transportation (2.5%) and the university (2.5%).
5. UM – Approved the appointment of Shafer and Associates as the design professional and request approval by the Bureau of Building, Grounds and Real Property Management for GS 107-291, Guyton Hall Renovations. Funding is available in the amount of $3,000,000 from HB 246, Laws of 2007.
6. UM – Approved the appointment of the McCarty Company as the design professionals for IHL 207- 286, Turner Center Complex Renovation. The project budget will be determined during pre- planning/programming and provided by self-generated funds.
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7. UM – Approved the appointment of Howorth and Associates of Oxford, Mississippi as the design professionals for IHL 207-302, The Innovation Center formerly known as, “The Oxford Mall”. The project budget is approximately $2,500,768 and will be funded by a federal grant.
8. UM - Approved the initiation of IHL 207-306, Center for Manufacturing Excellence, and the appointment of Cooke Douglass Farr Lemons, Ltd., as the design professionals. The project budget is approximately $15,000,000. Funds are available from the Mississippi Development Authority.
9. UM - Approved the initiation of IHL 207-307, Basketball Indoor Practice Facility, and the appointment of Mills & Mills Architect as the design professionals. The project budget is approximately $12,000,000. Funds are available from private gifts and self-generated sources.
10. UMMC - Approved the initiation of IHL 209-503, School of Dentistry D202 and D105 Renovations, and the appointment of Mark S. Vaughan as the design professional. The estimated cost is $432,000. Funds are available from tuition and student fees.
11. UMMC - Approved the initiation of IHL 209-504, S027 Cath Lab Renovations, and the appointment of Barlow-Eddy-Jenkins, P.A as the design professionals. The project will renovate the S027 Cath Lab area for new equipment and construct a non-invasive vascular lab addition to the existing pavilion building. The total estimated cost is $1,067,239. Design fees are currently available and the balance of funding will be provided at completion of the construction document phase. Funds are available from hospital patient revenue.
12. UMMC - Approved the initiation of IHL 209-505, New Pediatric Emergency Room Renovations, and the appointment of Dale/Morris Architects, PLLC as project professional. The project will renovate/convert an existing basement pediatric outpatient clinic area into a new pediatric emergency room. The total estimated cost is $3,650,000. Design fees are currently available and the balance of funding will be provided at completion of the construction document phase. All funds will be provided by the University of Mississippi Medical Center from the Pediatrics Outpatient Clinic fund.
13. UMMC - Approved the initiation of GS 109-195, Adult Emergency Department Renovations, and request approval by the Bureau of Buildings, Grounds and Real Property Management. The project is for renovations and upgrades of the existing adult and pediatric emergency room areas of the acute services wing into a new, modern adult emergency department. The original bond bill referenced repair and renovations to “the Old Hospital”. Also included, per the Bureau of Building’s request, would be a special study/assessment of the Old Hospital area exterior condition(s). Funds are available from HB 246, Laws of 2007, in the amount of $5,300,000.
14. UMMC – Approved the initiation of IHL 209-502, Firewall Renovation Phase III, and the appointment of Usry Architects, P.A. of Clinton, Mississippi as project professionals to repair firewall penetrations at the first floor in the west area. Funding is available in the amount of $350,000 from patient revenue.
15. USM - Approved the initiation of IHL 208-283, Softball Complex Upgrade, and the appointment of JMS Architects as the project professionals for upgrades to the women’s softball complex. The project
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budget is approximately $950,000. The project will include construction of locker rooms, a concession stand, public toilets, spectator seating, a press box, a camera deck, and paved parking. Funds are available from the Athletic Foundation and university sources.
16. USM – Approved the initiation of IHL 208-282, Renovate Bedroom Wing of President’s Home at the Hattiesburg campus, and the appointment of Landry & Lewis Architects of Hattiesburg, Mississippi as project professionals. Funds are available in the amount of $300,000 from university sources.
17. MSU – Approved the request to increase the project budget for IHL 205-223, Expansion of Stone Boulevard, from $429,000 to $454,000 for an increase of $25,000 due to latent conditions that have been encountered during construction. Funds are available in the amount of $454,000 from university sources.
18. UMMC - Approved Change Order #5 for IHL 209-435C, Guyton Building Expansion, in the amount of $287,856, and an escalation of the project budget from $51,201,400 to $51,610,370, an increase of $408,970, with no increase in contract time. The escalation is necessary to cover latent conditions, user modifications and contingencies. Funds are available in the project budget from interest income.
19. UMMC - Approved the request to increase the project budget for GS 109-193, Chiller Tower, from $1,980,000 to $2,580,000, an increase of $600,000, based on the professional’s latest estimates for replacement of chiller tower #2 and request approval by the Bureau of Building, Grounds and Real Property Management. Funds are available from SB 2010, Laws of 2004, in the amount of $1,980,000 and UMMC Interest Income in the amount of $600,000.
20. JSU - Approved the following professionals for GS 103-246, Phase IV of the JSU Land Acquisition Project: legal - Price & Zirulnik, Attorneys at Law (Attorney General approval has been given.); appraisers - Bobby L. Cloud and Brady and Company; relocator - MTS, LLC; and environmental - Thompson Engineering and PPM Consultants, Inc. The Department of Finance and Administration, Bureau of Building, Grounds and Real Property Management, completed review of the bids from the professionals and recommended them for the Phase IV work.
21. MSU - Approved the request to grant and convey to the City of Starkville, Mississippi, a right-of-way easement for an underground water line together with a right of ingress and egress to the same over the property and descriptions. The property in question extends from the north side of Russell Street and across MSU property to the south side of University Boulevard. The purpose of this easement is to provide water and fire protection to the residents of the City of Starkville and possibly, if needed, to portions of Mississippi State University.
22. UMMC – Approved a use agreement with University Physicians, LLP (UP) for space they use in the 70,000 sq. ft. University Medical Pavilion on the University of Mississippi Medical Center Campus. UP is the new umbrella entity for the consolidated faculty practice plan as of January 1, 2008. This agreement has been requested by bond counsel as the Pavilion was financed with tax-exempt bonds. The university received an opinion that UP’s use of the space is a permitted use under applicable tax laws.
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23. System Administration (Information item.) - The Board received the Real Estate & Facilities items that were approved by the Board staff subsequent to the October 16-18, 2007 Board meeting in accordance with Board Policy 904 Board Approval. (See Exhibit 1.)
GOVERNANCE AGENDA Presented by Dr. D. E. Magee, Chair
On motion by Ms. Whitten, seconded by Dr. Magee, and unanimously passed by those present, it was
RESOLVED, That the Board hereby approved agenda item #1 as submitted on the following Governance Agenda. Agenda item #2 was approved on a separate motion by Ms. Robinson, seconded by Dr. Magee, and unanimously passed by those present. Agenda item #3 was approved on a separate motion by Mr. Blakeslee, seconded by Ms. Whitten, and unanimously passed by those present.
1. System Administration - Approved the proposed amendment to Board Policy 912 Use of Real Property and Facilities, as follows:
912 USE OF REAL PROPERTY AND FACILITIES
In general, it shall be the policy of the institutions not to make available the real property, buildings and other facilities of the institutions to outside organizations. Exceptions to this policy may be approved by the Institutional Executive Officer. No exception shall be approved for private foundations, commercial enterprises, political or sectarian meetings, without specific approval of the Commissioner.
2. System Administration - Approved for first reading the proposed amendments to Board Policy 201.0608 Institutional Executive Officer/Commissioner of Higher Education Search Process. (See Exhibit 2.)
3. UM - Approved the request to allow Alice Clark, Vice Chancellor for Research and Sponsored Programs; Morris Stocks, Senior Vice Chancellor for Planning and Operations; William Gottshall, Executive Director of the Lott Leadership Institute and Walt Chambliss, Director of Technology Management, all of whom are University of Mississippi employees, to serve as voting members of the University of Mississippi Research Foundation Board of Directors. The Board of Directors is comprised of seven (7) members, four (4) University of Mississippi employees and three (3) members from the private sector. Currently, the primary function of this board is to provide leadership for the development of university owned land for the University Research Park. Because it is university land, it is important that the university maintain a high degree of control during the early stages of this development. The university employees needed for service on the board have a wide range of expertise: senior leadership, federal agency grant practices, technology management, and fiduciary accountability. Over time, the goal is to transition to a board mostly populated with private sector/non-university members.
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LEGAL AGENDA Presented by Ms. Amy Whitten, Chair
AGENDA ITEMS #3 - 5 WERE TAKEN UP DURING EXECUTIVE SESSION. On motion by Ms. Whitten, seconded by Ms. Robinson, and unanimously passed by those present, it was
RESOLVED, That the Board hereby approved agenda item #1 as submitted on the following Legal Agenda. Agenda item #2 was approved as amended and shown below.
1. MSU - Approved the request to renew a contract with the firm of DLA Piper US LLP, located at 1200 Nineteenth Street, N.W., Suite 700, Washington, DC 20036-2430, to provide services necessary in obtaining patents for designs, processes, products, and other patentable materials developed in connection with the university. The term of the contractual agreement will be for one (1) year, at an hourly rate ranging from $270 to $495, for a maximum amount payable of $350,000 during contract term. The contract has been reviewed and approved by the Attorney General’s Office.
2. UM - Request approval to renew its contract for professional services with the law firm of Butler, Snow, O’Mara, Stevens & Cannada (“Butler, Snow”) so that it may continue to assist the university with pharmaceutical patent applications, intellectual property issues, and commercialization of intellectual property. The university also requests permission to renew the contract annually if the Chancellor determines that to do so would be in the best interest of the university and if hourly rates do not increase more than five percent per year. The firm’s blended hourly rates under the contract for all attorneys within designated practice areas are as follows: intellectual property/patent work - $225.00 per hour and commercial - $215.00 per hour. The rate for legal assistants will be $85.00 per hour. These rates are competitive with or less than those charged by similarly qualified attorneys. The term of the proposed contract is from October 1, 2007 to June 30, 2008, and total expenditures will not exceed $50,000. The contract has been reviewed and approved by the Attorney General’s Office.
A motion was made by Ms. Whitten, seconded by Ms. Robinson to approve agenda item #2.
A substitute motion was made by Mr. Owens, seconded by Dr. Neely, to amend agenda item #2 by removing the following language: “The university also requests permission to renew the contract annually if the Chancellor determines that to do so would be in the best interest of the university and if hourly rates do not increase more than five percent per year.”
Chancellor Khayat amended agenda item #2 by removing the abovementioned sentence. Mr. Owens withdrew the substitute motion.
On motion by Ms. Whitten, seconded by Ms. Robinson, and unanimously passed by those present, the Board approved agenda item #2 as amended.
3. UMMC - Settlement of Tort Claim No. 1379. (THIS ITEM WAS TAKEN UP DURING EXECUTIVE SESSION.)
17 01/14/2008 MINUTES OF THE BOARD OF TRUSTEES OF 19 STATE INSTITUTIONS OF HIGHER LEARNING November 14, 2007
4. UMMC - Settlement of Tort Claim No. 1242. (THIS ITEM WAS TAKEN UP DURING EXECUTIVE SESSION.)
5. UMMC - Settlement of Tort Claim No. 1111. (THIS ITEM WAS TAKEN UP DURING EXECUTIVE SESSION.)
THE BOARD RECESSED FOR LUNCH AT 11:00 A.M.
THE BOARD MEETING RECONVENED AT 1:00 P.M.
ANNOUNCEMENTS
1. Dr. Davidson announced that the Board attended the Student Leaders Luncheon today. The luncheon is held in honor of the presidents of the student government associations and the editors of the university newspapers. The students were very pleased with the findings of the Textbook Task Force Report. 2. Ms. Whitten thanked Dr. and Mrs. Davidson and the University of Mississippi Medical Center for hosting the Board dinner last night.
LEGAL AGENDA (cont’d)
6. System Administration (Information item.) - The Board received a report of the payment of legal fees to outside counsel. (See Exhibit 3.) Ms. Whitten announced that IHL has obtained 30% diversity of the outside counsel. She thanked Mr. Cliff Tucker, IHL Director of Insurance and Risk Management, for his work towards this goal.
7. System Administration (Information item.) - The Board received the Quarterly Litigation Expense Report Relating to the IHL Tort Plan. A copy of the report is included in the bound November 14, 2007 Board Working File.
8. System Administration (Information item.) - The Board received the Quarterly Litigation Expense Report Relating to the IHL Workers’ Compensation Plan. A copy of the report is included in the bound November 14, 2007 Board Working File.
ADMINISTRATION/POLICY AGENDA Presented by Dr. Thomas Meredith, Commissioner
On motion by Mr. Blakeslee, seconded by Mr. Patterson, with Mr. Colbert, Dr. Neely and Mr. Owens absent and not voting, it was
RESOLVED, That the Board hereby approved agenda item #1 as submitted on the following Administration/Policy Agenda. Agenda item #2 was approved on a separate motion by Mr. Blakeslee, seconded by Ms. Robinson, with Mr. Colbert, Dr. Neely and Mr. Owens absent and not voting. Agenda
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item #3 was approved on a separate motion by Mr. Blakeslee, seconded by Ms. Robinson, with Mr. Colbert, Dr. Neely and Mr. Owens absent and not voting.
1. System Administration - Approved Mississippi State University’s vision and mission statements, as follows: Vision: The vision of Mississippi State University is to be the most respected land-grant institution in the region. Mission: The mission of Mississippi State University is to educate the workforce and leaders of the future, produce robust research for our state and nation, and provide expert services to our citizens, communities and businesses.
2. System Administration - Approved the request of the University of Mississippi to appoint Mr. James R. “Jim” Windham, Emergency Management Coordinator, as its official designated applicant agent with authority to execute applications for the purpose of obtaining and administering certain federal financial assistance available through the Mississippi Emergency Management Association/Federal Emergency Management Association (MEMA/FEMA). This approval is necessary due to the retirement of the previous Board approved designee, Mr. Roland Clark.
3. System Administration - Approved the 2007 Fall Commencement schedules, as follows:
Delta State University Time: 10:00 a.m., Saturday, December 8, 2007 Location: Walter Sillers Coliseum Speaker: Dr. Scott Hutchens, Associate Professor of Psychology and Psychology Program Coordinator at Delta State University
Mississippi State University Meridian Campus: Time: 11:00 a.m., Friday, December 14, 2007 Location: MSU Riley Center Speaker: Mr. Denton Farr, Vice President of Jeff Anderson Regional, Center in Meridian, MS (1993 MSU Graduate)
Main Campus: Time: 7:00 p.m., Friday, December 14, 2007 Location: Humphrey Coliseum Speaker: Mr. Kent Hull, Former Three-Time Pro Bowl, NFL Football Player for the Buffalo Bills (1984 MSU Graduate)
Time: 10:00 a.m., Saturday, December 15, 2007 Location: Humphrey Coliseum Speaker: Ms. Jenny Manley, Chief of Staff for U. S. Senator Thad Cochran (2001 MSU Graduate)
Mississippi University for Women Time: 6:00 p.m., Friday, November 30, 2007 Location: Rent Auditorium of Whitfield Hall Speaker: Mr. William (Peppy) Biddy, Professor of Theatre and Chair of the Department of Music and Theatre at the Mississippi University for Women
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University of Southern Mississippi Time: 1:30 p.m., Friday, December 14, 2007 • College of Arts and Letters • College of Health 6:30 p.m., Friday, December 14, 2007 • College of Business • College of Education and Psychology • College of Science and Technology Location: Reed Green Coliseum Speaker: Mr. David J. Fine, President and CEO of St. Luke’s Episcopal Health System in Houston, Texas
4. System Administration (Information item.) - In compliance with Board policy, the following items have been approved by the Commissioner on behalf of the Board. a. UMMC – Approved a contract according to Board Policy 707.01 Land, Property and Service Contracts. The University of Mississippi Medical Center has amended a contract with Allied Waste Services that does not exceed the original contract by more than 10%. The original contract was approved on July 27, 2004, in the amount of $600,000. b. UMMC - Approved employment of Randy D. Sites, Director of Revenue Cycle, University Physicians; MBA; $155,000 per annum, prorate; full – time; effective November 1, 2007. c. UMMC - Approved employment of Janice Gunn, Nurse Practitioner, University Hospitals and Clinics; MSN; $78,200 per annum, prorata; full-time; effective November 5, 2007. d. UMMC - Approved a change of status for Pamela Davis from Director of Clinical Operations for Orthopedic Surgery and Rehabilitation, School of Medicine to Director of Ambulatory Operations, University Physicians; $52,449 per annum, prorata; full-time; to $75,000 per annum, prorata; full-time; effective October 1, 2007. e. Quarterly Employment Hires Report for the period of July 1, 2007 through September 30, 2007, as required by Board Policy 401.0102 Delegation of Authority. f. Annual Summary Participation and Optional Fees Report for Fiscal Year 2007-2008, as required by Board Policy 702.03 Approval of Tuition, Fees, and Other Student Charges. g. Annual Summary of E & G Scholarships, Fellowships and Tuition Waivers for Fiscal Year 2007, as required by Board Policy 703.04 Policy Guidelines Subsection f. h. Complimentary Athletic Ticket Report for Fiscal Year 2006-2007, as required by Board Policy 606.03 Athletic Tickets. i. Additional Compensation Report for Fiscal Year 2006-2007, as required by Board Policy 401.0103 Salaries and Compensation.
COMMISSIONER’S REPORT Presented by Dr. Thomas Meredith, Commissioner
The highlights from the Commissioner’s Report were as follows: < Thank you, Mr. President. I am pleased to be with you today to give my November Commissioner’s report. < As Dr. House already told you, this is the last Board meeting in an official IHL capacity for a long-time member of your staff. Director of Academic Affairs Dr. Dennis Watts, who joined the IHL team in 1999, has taken a position as Special Assistant to the Dean of the School of Health Related Professionals at the University of Mississippi Medical Center. We are pleased that Dr. Watts is “staying in the
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family,” and have been promised by Dr. Jones that Dennis will continue to assist Dr. House and her team in the interim until a replacement has been found. Dennis, we wish you the best of luck. < We are also sorry to lose Brent Ballard. Brent has been with us three years, and about 20 before that with the State Auditor’s office. Brent is retiring this December and joining a private CPA firm. Brent, we appreciate all your hard work. < Today you had lunch with the student government association presidents and the student newspaper editors. Once a year you formally meet with the SGA presidents and student newspaper editors, and you always have a reserved seat not only for the System SGA President—and we see Jeremy Johnson from Mississippi State here regularly!—but also a reserved rotating seat for each university SGA president at each Board meeting. I know today’s luncheon is one of your favorites. It’s always good to hear directly from the students, and I trust you appreciated their input and our good conversation. < We had an excellent retreat in Greenwood last month. All Boards run the risk of sometimes not seeing the forest for the trees, and your annual retreats give you an opportunity to come together for quality planning purposes. One of the projects you discussed and endorsed was your strategic plan to give legs to your overall goal of more, quality baccalaureate degree holders in Mississippi. Dr. Jim Borsig, whom you hired in September as your Assistant Commissioner of Governmental Relations and Special Projects, is taking the lead in this initiative. Dr. Borsig is currently working on scheduling a strategic planning summit early next year, which will involve you, institutional representatives, and other special guests as we come together to formalize next steps as well as establish measurable stretch goals and metrics. Stay tuned! < During the retreat, we also briefly discussed our High School Feedback report, which will be formally announced shortly with the Mississippi Department of Education. The purpose of the High School Feedback Report, complied by Phil Pepper’s Office of Policy Research and Planning, is to provide detailed information about enrollment and academic performance of Mississippi high school students in the state’s public universities. It is our hope that this data, which allows users to make direct performance comparisons between an individual high school and overall state averages, will prove useful for identifying areas for improvement at both the high school and university levels. The report demonstrates the total progression of public high school students into the state’s public universities, and segments this data by ethnicity and gender. Also included are the total number of student credit hours attempted as well as the average credit hours attempted by academic discipline. Both members of the Academic Affairs as well as the Policy Research and Planning Teams have met with principals throughout the state to tell them about the report. The Department of Education is as excited about it as we are, and we look forward a formal joint roll-out shortly. This data has the ability to truly revolutionize how we prepare our students. Again, stay tuned! < On October 31st, the National Association of System Heads, in conjunction with The Education Trust, officially launched the Access to Success initiative, which you approved in January of this year. As you know, the initiative is a collaborative effort of 19 public university systems across the country to cut in half the gaps in both college-going and degree completion rates that separate low-income and minority students from others by 2015. Your institutions are working on plans now to participate in the Access to Success initiative. < I’d like to take a few minutes now to discuss another exciting new project that holds a great deal of promise for the state. Also in conjunction with your strategic plan is the development of a College Access Website that will provide simple, easy to follow information about going to college in Mississippi. Jennifer Rogers was hired in Annie Mitchell’s shop last September as your Communications and Marketing Associate. You may know Jennifer’s name as editor of your weekly
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e-newsletter, the System Review. Jennifer has also been working with this project since its inception, and I’ve asked her to give you a brief overview today. < And finally, in good news from our institutions: < The School of Business website at Alcorn State University has reached a milestone in the number of people accessing career information. More than 30,000 people have visited the site that provides information on jobs, graduate schools, and internships that help students and alumni better their careers and lives. The site contains links that aid undergraduate students in their search for employment opportunities and graduate school programs, among other informational tools. < Delta State University senior linebacker Michael Eubanks has been named a finalist for the Draddy Award, presented to the top scholar-athlete in collegiate football by HealthSouth, the College Football Hall of Fame, and the National Football Foundation. Each year, the 15 best and brightest from the college gridiron are chosen as finalists for the Draddy Award. Eubanks also received the Coach Eddie Robinson National Scholar-Athlete Award, an $18,000 post-graduate scholarship funded by the George M. Steinbrenner Family and the New York Yankees Foundation. Congratulations! < Jackson State University is among eight institutions in the country that has been awarded funds to establish a national translational research network that will focus on addressing health disparities in minority and underserved communities. The National Center for Research Resources, a part of the National Institutes of Health, has awarded a three-year, $9.5 million grant to establish the Research Centers in Minority Institutions Translational Research Network. Jackson State, a network member institution, received nearly $5 million of the funds to establish a state-of-the-art Data and Technology Coordinating Center at the Mississippi e-Center. Jackson State will maintain the network's computer-based integration and communication system. < Mississippi State University continues to expand its in-state collaborations in its leadership programs, with recent agreements signed with Jones County Junior College and East Mississippi Community College. The compacts will help enable Mississippi State to come closer to Dr. Foglesong’s goal of achieving a Mississippi State-based national consortium of senior and community/junior colleges participating in the mentoring and education of young men and women. < One of the crown jewels at Mississippi University for Women is the Ina E. Gordy Honors College, which provides an opportunity for academically advanced and motivated students to participate in an intensive and innovative learning experience. In late October, Dr. Limbert was informed that the Honors College will receive an ultimate estate gift from Ms. Gordy of approximately $4 million, double the original $2 million initial commitment. We are thankful to Ms. Gordy’s vision and know her gift will touch the lives of many MUW students. < Tonight, Mississippi Valley State University’s Delta Research and Cultural Institute together with Valley’s Social Science Department will present the Robert Clark Political Leadership Forum “Revitalizing the Mississippi Delta,” featuring such distinguished panelists as Rep. John Hines of Greenville, Rep. Bryant Clark of Pickens, and Mayor Debra Mabry of Goodman. Bureau of Long Range Economic Planning Director Pete Walley and Economic Planner Debra Anderson from our office will also be in attendance. We know it will be an enlightening evening. < Using sound pulses lasting less than a fraction of a second, Dr. Joel Mobley, a University of Mississippi physicist, has verified that sound waves in water can exceed the speed of light. Dr.
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Mobley's internally-funded research was published in the Sept. 21 issue of the peer-reviewed physics journal Physical Review Letters. Assisting Dr. Mobley was UM Sally McDonnell Barksdale Honors College student Evans Heithaus (rhymes with “lighthouse”—pronc. Highthouse), a 20-year-old senior physics major from Hattiesburg. Scheduled to graduate in May 2008. Heithaus said the opportunity to conduct laboratory research with Mobley is invaluable to him as both an undergraduate and future medical school student. < And finally, the Southern Miss Gulf Coast Research Laboratory hosted First Lady Laura Bush last week, along with Interior Secretary Dirk Kempthorne and Governor Haley Barbour. The J.L. Scott Marine Education Center, located at the Gulf Coast Research Lab, received the federal designation of a Coastal Marine Education Center, one of only 21 in the nation. This is an especially remarkable feat due to the total destruction of the aquarium center on the Biloxi Pointe following Katrina. < And that, Mr. President, brings me to the end of my report.
EXECUTIVE SESSION
On motion by Dr. Davidson, with Mr. Colbert and Dr. Neely absent and not voting, the Board voted to close the meeting to determine whether or not it should declare an Executive Session. On motion by Ms. Whitten, seconded by Ms. Newton, with Mr. Colbert and Dr. Neely absent and not voting, the Board voted to go into Executive Session for the reasons reported to the public and stated in these minutes, as follows:
Discussion of three litigation matters at the University of Mississippi Medical Center; Discussion of a litigation matter at the University of Southern Mississippi; Discussion of two investigations by a public body; and Discussion of a personnel matter at Mississippi State University.
During Executive Session, the following matters were discussed and/or voted upon:
On motion by Ms. Whitten, seconded by Mr. Ross, with Mr. Colbert and Dr. Neely absent and not voting, the Board approved the settlement of the case styled Elizabeth Barnes vs. UMMC, et al., as presented by counsel.
On motion by Ms. Whitten, seconded by Ms. Robinson, with Mr. Colbert and Dr. Neely absent and not voting, the Board approved the settlement of the case styled Diane Franklin vs. UMMC, et al., as presented by counsel.
On motion by Ms. Whitten, seconded by Ms. Robinson, with Mr. Colbert and Dr. Neely absent and not voting, the Board approved the settlement of the case styled Robert Fowler vs. UMMC, et al., as presented by counsel.
On motion by Dr. Magee, seconded by Ms. Robinson, with Mr. Colbert and Dr. Neely absent and not voting, the Board approved the settlement of the case styled Covert vs. USM, et al., as presented by counsel.
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The Board discussed a personnel matter at Mississippi State University and two investigations by a public body. No action was taken on these items.
On motion by Ms. Robinson, seconded by Mr. Blakeslee, with Mr. Colbert and Dr. Neely absent and not voting, the Board voted to return to Open Session.
ADJOURNMENT
There being no further business to come before the Board, on motion by Ms. Robinson, seconded by Mr. Owens, with Mr. Colbert and Dr. Neely absent and not voting, the Board members voted to adjourn.
______President, Board of Trustees of State Institutions of Higher Learning
______Commissioner, Board of Trustees of State Institutions of Higher Learning
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EXHIBITS
Exhibit 1 Real Estate & Facilities items that were approved by the IHL Board staff subsequent to the October 16-18, 2007 Board meeting.
Exhibit 2 Proposed amendments to Board Policy 201.0608 Institutional Executive Officer/commissioner of Higher Education Search Process for first reading.
Exhibit 3 Report of the payment of legal fees to outside counsel.
25 01/14/2008 EXHIBIT 1 27 November 14, 2007
Real Estate & Facilities items that were approved by the IHL Board staff subsequent to the October 16-18, 2007 Board meeting in accordance with Board Policy 904 Board Approval.
Delta State University
The Board staff approved Change Order #1 for Kethley Building Re-Roof, GS 102-216, in the amount of $9,015.30 with an increase of thirty (30) days to the contract time for Roy Collins Construction Company. This change order is to remove and replace carpet in the faculty office that was damaged by water and to replace deteriorated plywood decking, rafter walls and miscellaneous framing and fascia materials. Staff has requested approval from the Bureau of Building, Grounds and Real Property Management. Funds are available in the amounts of $170,095 from HB 246, Laws of 2006, and $217,565 from HB 1634, Laws of 2005.
Mississippi State University
The Board staff requested approval from the Bureau of Building, Grounds and Real Property Management to assign a GS project number to the Resurfacing of Parking Lots project. Funding for this project is available from SB 2010, Laws of 2004, in the amount of $139,000.
The Board staff approved Change Order #8 for Colvard Union Renovation, GS 105-309, in the amount of $9,214 to relocate a 6” water line and an existing fire hydrant that are in conflict with the new plaza on the north side of the building. Approval was requested from the Bureau of Building, Grounds and Real Property Management. Funding is available in the amount of $22,600,000 from SB 3197, Laws of 2003; HB 2010, Laws of 2004, and EBC university funds.
The Board staff approved the scope modification for Roof Replacements, Phase I, GS 105-323, to eliminate the re-roofing of the Patterson Engineering building and requested approval from the Bureau of Building, Grounds and Real Property Management. Funds are available from HB 1634, Laws of 2006, in the amount of $1,350,000.
The Board staff approved the contract documents for Mississippi Veterinary Research and Diagnostic Lab Security Upgrade, GS 113-099, and requested approval from the Bureau of Building, Grounds and Real Property Management to advertise for the receipt of bids. Funds are available in the amount of $127,650 from SB 2988, Laws of 2003.
The Board staff approved Change Order #1 for Pace Warehouse Storm Repairs, GS 113-114, in the amount of $42,671 with an additional fourteen (14) days to the contract of Conn Construction Company. The change order is to add exterior painting, replace interior heaters, replace dock bumpers, add a canopy and replace an overhead door. Approval was requested from the Bureau of Building, Grounds and Real Property Management. Funds are available in the amount of $495,000 from HB 1634, Laws of 2006.
The Board staff approved the schematic design documents for Patterson Engineering Building Window Replacement, IHL 205-229, as prepared by Shafer & Associates. Funds are available in the amount of $350,000 from university funds.
Page 1 of 4 01/14/2008 EXHIBIT 1 28 November 14, 2007
The Board staff approved the schematic design documents for Building 1533 (R&R Stoneville, MS), IHL 213-136, as prepared by Mills & Mills Architects. Funds are available in the amount of $990,000 from university funds.
The Board staff approved Change Order #6 for McCool Hall Addition/Renovation, IHL 205-199, in the amount of $67,039 and the addition of 44 days to the contract of West Brothers. The change order is to provide and install an automatic power transfer switch and electrical connections for a fire pump; to install carpet tiles and a floor stain in the north stair; to install a tee in a water line for future lawn irrigation; and to provide credit for omitting the removal of 293 linear feet of old steam and condensation pipe. Funds are available in the amount of $16,936,536.67 from private donations.
The Board staff approved a decrease in the project budget for the GS 105-314, Middleton Hall Roofing and Waterproofing Project, from $750,000 to $640,800 for a decrease of $109,200. These funds will be placed with other funds made available from SB 2010, Laws of 2004.
Mississippi University for Women
The Board staff approved an award of contract for the Storm Drainage Project, GS 104-154, to Perma Corporation, the second lowest bidder, for the base bid amount of $55,922.24. Approval was requested from the Bureau of Building, Grounds and Real Property Management. Funds in the amount of $698,580 are available from SB 2988, Laws of 2003, and HB 1634, Laws of 2006.
Mississippi Valley State University
The Board staff approved Change Order #1 for the re-roofing of Magnolia & Leflore Hall Phase I, GS 106-196, in the amount of $38,438 with an additional three hundred (300) days to the contract of Sullivan Enterprises, Inc. The change order is to install additional structural steel supports. Approval was requested from the Bureau of Building, Grounds and Real Property Management. Funds are available in the amount of $585,000 from SB 3197, Laws of 2002, and SB 3158, Laws of 2001.
The Board staff approved Change Order #1 for New Residence Halls, IHL 206-019, in the amount of $9,138.97 for Carothers Construction, Inc. The change order is to install additional score joints in the floor slabs, modify interior wall partitions and furnish and install a visqueen barrier between the plywood deck and concrete floor slab of both buildings. Funds are available in the amount of $12,284,555.80 from EBC Revenue Bonds Account Project Contingency.
University of Mississippi
The Board staff approved Change Order #4 for Farley Hall Renovation, GS 107-266, in the amount of $16,822.08, to add control wiring to eight fire/smoker dampers, extend two 4 inch PVC telephone conduits for a communication pull box to the manhole and add an electrical meter to the building. Approval was requested from the Bureau of Building, Grounds and Real Property Management. Funds are available in the project budget in the amount of $9,000,000 from SB 3197, Laws of 2002, from private donations and university funds.
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The Board staff approved Change Order #1 for PPD Outbuildings, GS 107-275, in the amount of $4,560 with an additional fifteen (15) days to the contract time to Hooker Construction, Inc. The change order is to add two thru-wall A/C units in rooms 103 and 107. Funds are available in the amount of $1,111,602 from SB 2988, Laws of 2003, and university self-generated funds.
The Board staff approved an award of contract for Retaining Wall at UM Bridge, IHL 207-268, to Buddy Ayers Construction Company, Inc. of Corinth, Mississippi, the lowest of four (4) bidders, in the amount of $448,384.10. Funds are available in the project budget from the Mississippi Department of Transportation.
The Board staff approved an award of contract for the Baseball Stadium Expansion, IHL 207-283, to Panola Construction Company, of Batesville, Mississippi, the lowest of three bidders, in the amount of $14, 497,100 (base bid and alternates 1, 2, 3, & 4). The project budget is $16,000,000. Funds are available from athletic revenues, private and local donations, and EBC proceeds.
The Board staff approved Change Order #5 in the amount of $3,147 for Bishop Hall, GS 107-27, and requested approval from the Bureau of Building, Grounds and Real Property Management. The change order is to replace six (6) concrete pre-cast panels at the bridge connection. When the plate was removed, it was determined that the anchor plate had deteriorated and was not stable enough to revise. The budget is $3,179,655.27. Funds are available from SB 2010, Laws of 2004, and SB 3197, Laws of 2002.
University of Mississippi Medical Center
The Board staff approved Change Order #5 in the amount of $7,191.32 and 114 additional days to the contract for installation of a donor plaque for D250 Dental School Renovations, IHL #209-486. Funds are available from self-generated funds.
University of Southern Mississippi
The Board staff approved the university’s request to remove Building #866, Eagle’s Landing Apartment Building A, and Building #867, Eagle’s Landing Apartment Building B from the Mississippi Buildings Inventory. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The Department of Archives and History’s permission form and the Department of Environmental Quality’s notification form were submitted to the Bureau of Building, Grounds and Real Property Management with the request for removal.
The Board staff approved Change Order #1 for Campus Paving Repairs, GS 108-245, in the amount of $161,978.49 to repair conditions found faulty after the construction award. Approval was requested from the Bureau of Building, Grounds and Real Property Management. Funds are available in the project budget in the amount of $600,000 from SB 2010, Laws of 2004.
The Board staff approved Change Order #2 for Reed Green Multipurpose Facility Improvements, Phase I, GS 108-229, in the amount of $37,340 with an additional eight (8) days added to the contract of Finlo Construction. The change order is for asbestos abatement and to replace de- watering sump pumps that require replacement due to longevity to protect the facility and wood
Page 3 of 4 01/14/2008 EXHIBIT 1 30 November 14, 2007 floor from damage. Approval was requested from the Bureau of Building, Grounds and Real Property Management. Funds are available in the project budget in the amount of $9,198,513.08 from a Bond sale in 2006 and SB 2010, Laws of 2004.
The Board staff approved Change Order #4 for Trent Lott Center for Excellence in Economic Development & Entrepreneurship, IHL 208-251, in the amount of $19,387 for the deletion of lighting in the main atrium that is not reachable by standard means. Other lighting is being added to replace these lights that will be in a serviceable location. Funds are available in the project budget from the Government VA-HUD Independent Appropriations Act on 200 Conference Report (HR- 107-202).
The Board staff approved Change Order #2 for Pete Taylor Field Skybox & Press Box Additions, IHL 208-256, in the amount of $9,857.29 to modify aluminum steps to match existing conditions, add eighteen (18) interior signs to the base signage and to provide hardware cloth to protect downspouts from foul balls. Funds are available in the project budget from the USM Athletic Foundation in the amount of $3,527,851.
The Board staff approved Change Order #3 for Pete Taylor Field Skybox & Press Box Additions, IHL 208-256, in the amount of $176,330 and 120 additional days to the contract time for D. C. Contractors. The change order is for the addition of a concession stand and bathrooms to accommodate the added patronage of the ball park. Funds are available in the project budget from the USM Athletic Foundation in the amount of $3,527,851.
The Board staff approved Change Order #2 for Infrastructure Improvements - USM Cedar Point Campus, IHL 210-235, in the amount of $95,907.32 with an additional fourteen (14) days added to the contract of Allred-McNabb Architects. The change order is for modifications to the sea water in-take system to improve maintenance and usability, to provide electrical infrastructure to the multi- building facility, to provide additional taps for any future buildings, to route gas piping for primary gas service to the campus and to clear a 15’ wide path for gas meter and gas lines. Funds are available in the project budget in the amount of $1,261,813 from university sources.
Page 4 of 4 01/14/2008 EXHIBIT 2 31 November 14, 2007
201.0608 INSTITUTIONAL EXECUTIVE OFFICER/COMMISSIONER OF HIGHER EDUCATION SEARCH PROCESS
A. General Policy The Board shall appoint the Commissioner and the Institutional Executive Officers (IEOs). The Board shall make interim appointments to executive officer and/or commissioner positions as necessary and with such consultation as the Board considers appropriate.
B. Board Search Committee The President of the Board shall appoint a committee of Board members to manage the search for a Commissioner or an IEO. The President of the Board shall appoint a member of the committee as chairperson. The Commissioner, in consultation with the Board Search Committee, will make a recommendation to the Board with regard to a search consultant may select a search consultant, with the Board’s approval, to assist with the search for an IEO. The Board Search Committee may select a search consultant to assist with the search for a new Commissioner. As part of the initiation of the IEO search process, the Commissioner and Board Search Committee may consider the input of constituents regarding desired characteristics of a new IEO. The Board may also consider input from constituents regarding the desired characteristics of a new Commissioner.
C. Advertisement Schedule, Ad The Commissioner search consultant shall develop the position advertisement and a general schedule for the search in consultation with the Commissioner and with the approval of the Board Search Committee.
D. Campus Screening Search Advisory Committee In a search for an IEO, the Commissioner shall appoint a C campus Screening Search Advisory Committee, as well as a chair of such committee. The Campus Screening Search Advisory Committee shall be representative of the various constituent groups of the university, including faculty, staff, students, alumni, foundation representatives, and members of the community. In a search for a Commissioner, the Board may seek advice from appropriate individuals or groups, including any search consultant hired by the Board.
E. Recruitment, Interviews, Selection Recruitment of C candidates recruitments may occur up to the point of selection, but candidates will be advised to submit their materials by a specified date to insure optimum consideration for the position.
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F. Candidate Screening The Campus Screening Search Advisory Committee, working with the consultant if one is used, shall narrow the field of applicants to no less than five candidates for an IEO position. Those names shall then be submitted unranked to the Commissioner. If no consultant is used, the Search Advisory Committee shall work with the Commissioner to narrow the list of candidates. The Commissioner shall then forward those IEO candidates’ names to the Board Search Committee.
The Commissioner shall then forward those IEO candidates’ names to the Board Search Committee. The Board Search Committee may then select which of those candidates will participate in initial on-campus interviews to be conducted by the Campus Screening Committee. Following the on- campus interviews, the Commissioner shall gather feedback from the Campus Screening Committee regarding the interviews. The Commissioner shall next report to the Board Search Committee on the feedback obtained following the on-campus interviews. The Board Search Committee, in consultation with the Commissioner, shall then recommend two final candidates to be interviewed by the Board.
In the alternative, the Board Search Committee may elect to conduct the initial IEO candidate interviews in lieu of allowing the Campus Screening Committee to conduct same. In the event the Board Search Committee elects to conduct the initial interviews, the Board Search Committee may interview those candidates it selects from the unranked candidate list provided by the Campus Screening Committee. In addition, the Board Search Committee may choose to interview any other candidates it deems appropriate. Representatives from the Campus Screening Committee may be included in those interviews, if invited by the Board Search Committee. These interviews may occur at campus or non-campus sites. Following the initial interviews by the Board Search Committee, the Board Search Committee, in consultation with the Commissioner, shall narrow the number of finalists to two.
Final interviews of IEO candidates shall then be held before the Board. If it is deemed necessary, visits may be conducted to the home campuses of the remaining candidates. Following the final interviews, the Board shall select an IEO and announce its decision.
In a search for a Commissioner, the Board Search Committee may request appropriate individuals or groups to submit unranked recommendations of candidates to be considered for initial interviews. The Board Search Committee shall schedule initial interviews and all members of the Board will be invited to attend the initial interviews and participate in the selection of candidates for final interviews. The Board Search Committee may also invite two additional individuals to attend and observe the initial interviews
Page 2 of 4 01/14/2008 EXHIBIT 2 33 November 14, 2007
conducted by such committee to fill the position of Commissioner. The Board Search Committee will next develop an interview schedule for the candidates selected for final interviews for the position of Commissioner. The Board shall then meet and conduct final interviews and select the Commissioner. (This paragraph was moved to the end of this policy.)
G. Interview Search Advisory Committee The Search Advisory Committee shall then select a representative group of members, called the Interview Search Advisory Committee, to participate with the Board of Trustees in the remainder of the search process except when the Board of Trustees votes to go into executive session. The Interview Search Advisory Committee shall be comprised of faculty, students, staff and outside representatives. These representatives shall be diverse in race and gender.
H. Additional Screening The Board Search Committee, in consultation with the Commissioner and the search consultant (if one is used), shall then decide, as a result of in-depth discussions, whom to possibly interview from the names sent forward by the Search Advisory Committee.
I. First Interviews The Board Search Committee and the Commissioner, with input from the Interview Search Advisory Committee, will conduct the first round of interviews. The number of candidates to be invited for a second round of interviews may be reduced by the Board Search Committee after in-depth conversations.
J. Reference Contacts Under the direction of the Commissioner and/or the consultant, reference contacts will be made on each candidate who is participating in the second round of interviews.
K. Background Checks The consultant, if one is used, or the Commissioner if no consultant is used, will conduct a background check on those candidates participating in the second round of interviews.
L. Second Interviews Before the second round of interviews, the results of the reference contacts shall be made known to the Board Search Committee and the Interview Search Advisory Committee. After the interviews, the Board Search Committee, in consultation with the Commissioner, shall decide its top two or three candidates following in-depth conversations.
Page 3 of 4 01/14/2008 EXHIBIT 2 34 November 14, 2007
M. Preferred Candidate After all of the above has been completed, the Board of Trustees will meet to hear from the Board Search Committee and the Interview Search Advisory Committee regarding an assessment of each candidate. The Commissioner’s assessment and recommendation will be sought. The Board of Trustees will then select and announce their Preferred Candidate.
N. Campus Interview The Preferred Candidate will be scheduled for a full day on-campus for interviews with a wide array of constituents. Each group will have the opportunity to provide feedback on the Preferred Candidate to the Board of Trustees.
O. Decision The Board of Trustees will meet after the last on-campus interview session to review the feedback and conduct further discussion. The Board of Trustees will then vote to name the Preferred Candidate as the institution’s new Institutional Executive Officer or vote to continue the search.
In a search for a Commissioner, the Board Search Committee may request appropriate individuals or groups to submit unranked recommendations of candidates to be considered for initial interviews. The Board Search Committee shall schedule initial interviews and all members of the Board will be invited to attend the initial interviews and participate in the selection of candidates for final interviews. The Board Search Committee may also invite two additional individuals to attend and observe the initial interviews conducted by such committee to fill the position of Commissioner. The Board Search Committee will next develop an interview schedule for the candidates selected for final interviews for the position of Commissioner. The Board shall then meet and conduct final interviews and select the Commissioner.
Page 4 of 4 01/14/2008 EXHIBIT 3 35 November 14, 2007
REPORT OF THE PAYMENT OF LEGAL FEES TO OUTSIDE COUNSEL
Legal fees approved for payment to outside counsel in relation to litigation and other matters:
Payment of legal fees for professional services rendered by Phelps Dunbar (Statements dated 8/31/07 and 9/30/07) from the funds of Mississippi State University. (These statements in the amounts of $306.25 and $1,400.00, respectively, represent services and expenses in connection with Charlie F. Wade v. MS Cooperative Extension Service.)
TOTAL DUE ...... $1,706.25
Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (Statements dated 8/8/07, 8/8/07 and 8/21/07) from the funds of the University of Mississippi Medical Center. (These statements in the amounts of $3,866.00; $7,200.78 and $45,000 represent services and expenses in connection with General Advice, General Representation of the Medical School and Facility Practice Plans and General Advice, respectively.)
TOTAL DUE ...... $56,066.78
Payment of legal fees for professional services rendered by Phelps Dunbar (Statements dated 8/28/07, 8/21/07, 9/24/07 and 9/28/07) from the funds of the University of Mississippi Medical Center. (These statements in the amounts of $1,072.69; $3,568.56; $580.00 and $644.55 represent services and expenses in connection with DSH Litigation and Dean & Dean Architects, respectively.)
TOTAL DUE ...... $5,865.80
Payment of legal fees for professional services rendered by McMahan & Brinkley (Statement dated 9/19/07) from the funds of the University of Southern Mississippi. (This statement represents services and expenses in connection with Jordan v. USM, et al.)
TOTAL DUE ...... $2,200.00
Payment of legal fees for professional services rendered by Adams & Reese (Statement dated 8/20/07) from the funds of the University of Southern Mississippi. (This statement represents services and expenses in connection with a personnel issue.)
TOTAL DUE ...... $13,403.25
Page 1 of 6 01/14/2008 EXHIBIT 3 36 November 14, 2007
Payment of legal fees for professional services rendered by Mayo Mallette (Statement dated 8/14/07) from the funds of the University of Southern Mississippi. (This statement represents services and expenses in connection with an OFCCP Audit.)
TOTAL DUE ...... $370.53
Legal fees approved for payment to outside counsel in relation to patent and other matters:
Payment of legal fees for professional services rendered by DLA Piper US (Statements dated 6/8/07, 6/8/07, 6/8/07, 6/11/07, 6/13/07, 7/19/07, 7/19/07, 7/20/07, 7/20/07, 7/27/07, 7/30/07, 9/12/07, 9/13/07, 9/19/07 and 9/19/07) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patent applications: “Self-Aligned Transistor and Diode Topologies” – $90.00; “Vehicle Location and Performance Tracking System Using Wireless Communication” - $2,797.70; “Production of Biodiesel and Other Valuable Chemicals from Wastewater Treatment Plant Sludges – EP” - $454.85; “Production of Biodiesel and Other Valuable Chemicals from Wastewater Treatment Plant Sludges” - $2,902.10; “Fiber Ringdown Pressure/Force Sensor” - $1,100.45; “Fiber Optic Sensor for No2” - $276.05; “Fiber Ringdown Pressure/Force Sensor” - $275.00; “Infections in Humans and Vertebrates by Dietary Fibers” - $1,125.95; “Determination and Potential Control of Pathogenic Bacteria or Bacterial Strains” - $198.25; “Kenaf Core Board Material” - $4,125.30; “Self-Aligned Transistor and Diode Topologies” - $1,240.42; Nematode-Upregulated Reroxidase Gene and Promoter” - $725.30; “Determination and Potential Control of Pathogenic Bacteria or Bacterial Strains” - $790.30; “Fiber- Bragg Grating-Loop Ringdown” - $1,541.65 and “Renewal Fuel/Lubricant Mixture for Use in a Two-Stroke Internal Combustion Engine” - $300.00.)
TOTAL DUE ...... $17,943.95
Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (Statements dated 6/13/07, 6/21/07, 8/13/07, 8/13/07, 8/13/07, 8/13/07, 8/13/07 and 8/13/07) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patent applications: “Organic Wood Preservatives” – $3,009.00; “Light Scattering, etc.” - $408.22; “Compact Time-of-Flight Mass Spectrometer – CA” - $280.47; “Compact Time-of-Flight Mass Spectrometer – GE” - $718.22; “Compact Time-of-Flight Mass Spectrometer – UK” - $144.50; “Light Scattering, etc.” - $65.00; “Light Scattering, etc.” - $34.00 and “Termite Treatment Technology” - $500.00.)
TOTAL DUE ...... $5,159.41
Payment of legal fees for professional services rendered by Wenderoth, Lind & Ponack (Statement dated 9/17/07) from the funds of Mississippi State University. (This statement represents services and expenses in connection with the following patent application: “TM: College of Veterinary Medicine Mississippi State University & Design – Classes 24, 41.”)
TOTAL DUE ...... $257.00
Page 2 of 6 01/14/2008 EXHIBIT 3 37 November 14, 2007
Payment of legal fees for professional services rendered by Attorney General’s Office (Statements dated 8/20/07) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following trademark and patent applications: trademark – $856.25; “Windspeed Utility” - $151.25; “St. Augustine Grass Cultivators” - $563.75; “Engine Speed Controller” - $385.00; “Self-Aligned Methods Based Low-Temperature” - $4,537.50; “Structure Sequencing Notation” - $343.75; “Structure Sequencing Notation Two” - $385.00; “Structure Sequencing Notation Three” - $357.50; “Ventilated Structural Insulated Panel System” - $27.50; “Windspeed Utility” - $40.00; “Engine Speed Controller” - $100.00; ““Structure Sequencing Notation” - $100.00; “Structure Sequencing Notation Two” - $100.00 and “Structure Sequencing Notation Three” - $100.00)
TOTAL DUE ...... $8,047.50
Payment of legal fees for professional services rendered by Hunton & Williams (Statements dated 8/6/07, 8/6/07, 8/6/07, 8/6/07, 8/6/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07, 10/8/07 and 10/8/07) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patent applications: “8-Aminoquinolines – EPO” – $288.34; “Design and Synthesis of Optimized Ligands and PPAR” - $1,108.11; “Transmucosal Delivery of Cannabinoids – AU” - $476.97; “Potent Immunostimulatory Extracts from Microalgae” - $1,656.63; “8-Aminoquinolines – UK” - $1,103.94; “Method of Preparing Delta-9-Tetrahydrocannabinol” - $430.00; “Synthesis of Epothilones and Related Analogs – CA” - $62.50; “Synthesis of Epothilones and Related Analogs – EPO” - $62.50; “Synthesis of Epothilones and Related Analogs – IL” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – AU” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – BR” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – CA” - $64.47; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – CN” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – HU” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – NO” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – PL” - $61.08; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – RU” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – SG” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – ZA” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – AT” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – BE” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – DK” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – FI” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – FR” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – DE” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – GB” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – GR” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – IE” - $31.25; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – IT” - $31.25; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – NL” - $31.25; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – ES” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – SE” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – CH” - $62.50; “Dihydroartemisinin and Dihydroartemisitene Dimers as Anti-Cancer and Anti-Infective Agents – CA” - $62.50; “Dihydroartemisinin and Dihydroartemisitene Dimers as Anti-Cancer and Anti-
Page 3 of 6 01/14/2008 EXHIBIT 3 38 November 14, 2007
Infective Agents – EPO” - $62.50; “Dihydroartemisinin and Dihydroartemisitene Dimers as Anti- Cancer and Anti-Infective Agents – MX” - $275.00; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – MX” - $617.87; “High Molecular Weight Polysaccharide Fraction from Aloe Vera” - $201.47; “8-Aminoquinolines – CH” - $1,234.85 and “Potent Immunostimulatory Components” - $5,099.60.)
TOTAL DUE ...... $14,274.55
Payment of legal fees for professional services rendered by Stites & Harbison (Statements dated 2/13/07, 2/13/07, 2/13/07, 2/13/07, 2/13/07, 2/13/07, 2/13/07, 2/13/07, 2/13/07, 2/13/07, 2/13/07, 2/13/07, 2/13/07, 2/28/07, 2/28/07, 3/15/07, 3/15/07, 3/15/07, 3/15/07, 3/15/07, 3/15/07, 3/15/07, 3/15/07, 3/15/07, 3/15/07, 3/15/07 and 3/15/07) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patent applications: “Corrugated and Ported Prism Engine Nozzel for Reduction of Supersonic Jet Exhaust Noise” – $886.72; “Diterpenes as Selective Kappa Oploid Receptor Agonists” - $135.00; “Acoustic Instrument for Use in Aquaculture” - $33.00; “Antibacterial Pybrominated Diphenyl Ether Compounds” - $68.10; “Methods for Detecting Vibration and Sounds Signatures of Human Footsteps” - $33.00; “High-Speed Data Compression Algorithms Based on Set-Associative Cache Mapping” - $33.00; “Cooperative Learning Computer Program” - $33.00; “Multimodal Plate Acoustic Wave Devices” - $44.00; “Compositions Comprising Highly Purified Amphotericin B” - $97.46; “Novel Cyclopentenedione Antifungal Compounds and Methods for Their Use” - $231.74; “Saururus Cernuus Compounds that Inhibit Cellular Responses to Hypoxia” - $38.04; “Immunostimulatory Agents in Enchinacea” - $418.06; “Novel Cyclopentenedione Antifungal Compounds and Methods for Their Use” - $867.36; “Immunostimulatory Agents in Botanicals” - $84.00; “Amphotericin BHP” - $1,074.50; “Compositions Comprising Highly Purified Amphotericin B” - $2,582.31; “Novel Antigiardial Agents” - $22.00; “Process for Disposal & Solubilization of Radioactive Scale & Sludge from Oil & Gas Production” - $22.00; “Acoustic Instruments for Use in Aquaculture” - $127.50; “Novel Cyclopentenedione Antifungal Compounds and Methods for Their Use” - $88.00; “Novel Cyclopentenedione Antifungal Compounds and Methods for Their Use” - $138.36; “Saururus Cernuus Compounds” - $117.50; “Immunostimulatory Agents in Botanicals” - $194.96; “Immunostimulatory Agents in Botanicals” - $51.00; “Immunostimulatory Agents in Botanicals” - $84.00; “Immunostimulatory Agents in Botanicals” - $44.00; “Pellet Freezing Molten” - $1,275.00 and “Amphotericin BHP” - $462.08)
TOTAL DUE ...... $9,252.69
Payment of legal fees for professional services rendered by Stites & Harbison (Statements dated 4/17/07) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patent applications: “Medicaments to Nail & Perionychiu” – $55.00; “Spherical Pellet Production” - $539.50; “Immunostimulatory Agents in Echinacea” - $44.00; “Corrugated and Ported Prism Engine Nozzel for Reduction of Supersonic Jet Exhaust Noise” - $580.34; “Diterpenes as Selective Kappa Oploid Receptor Agonists” - $180.12; “In-Furnace Reduction of Nitrogen Oxide by Mixed Fuel Involving a Biomass Derivative” - $106.00; “Cooperative Learning Computer Program” - $33.42; “Saururus Cernuss Compounds that Inhibit Cellular Responses to Hypoxia” - $33.00; “Immunostimulatory Agents in Botanicals” - $33.00; “Ultrasonic Sensor Fusion for Human Detection” - $452.00; “Ultrasonic Microphone
Page 4 of 6 01/14/2008 EXHIBIT 3 39 November 14, 2007
Sensors for Human Footsteps Detection” - $759.16; “Amphotericin BHP” - $775.54; “Compositions Comprising Highly Purified Amphotericin B” - $971.92; “Acoustic Instruments for Use in Aquaculture” - $11,359.16; “Novel Cyclopentenedione Antifungal Compounds and Methods for Their Use” - $150.00; “Compositions Comprising Highly Purified Amphotericin B” - $1,153.50 and “Novel Cyclopentenedione Antifungal Compounds and Methods for Their Use” - $172.00.)
TOTAL DUE ...... $17,397.66
Payment of legal fees for professional services rendered by Stites & Harbison (Statements dated 5/29/07, 5/29/07, 5/29/07, 5/29/07, 5/29/07, 5/29/07, 5/29/07, 5/29/07, 5/29/07, 5/29/07, 5/29/07, 5/29/07, 5/29/07, 6/15/07, 6/15/07, 6/15/07, 6/15/07, 6/15/07, 6/15/07, 6/15/07, 6/15/07, 6/15/07 and 6/15/07) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patent applications: “Misc. IP Matters” – $22.42; “Spherical Pellet Production” - $1,058.02; “Immunostimulatory Agents in Echinacea” - $206.10; “Process for Disposal & Solubilization of Radioactive Scale & Sludge” - $77.00; “Stabilized Formulation of Triamcinolone Acetonide” - $153.00; “Compositions Comprising Highly Purified Amphotericin B” - $204.00; “Novel Cyclopentenedione Antifungal Compounds and Methods for Their Use – CA” - $880.57; “Novel Cyclopentenedione Antifungal Compounds and Methods for Their Use – UP” - $835.50; “Thermoacoustic Refrigeration Device and Method” - $55.00; “Methods for Detecting Vibration and Sounds Signatures of Human Footsteps” - $3,364.50; “Saururus Cernuus Comounds that Inhibit Cellular Responses to Hypoxia – CA” - $201.00; “Saururus Cernuus Comounds that Inhibit Cellular Responses to Hypoxia – JP” - $44.00; “Ultrasonic Sensor Fusion for Human Detection” - $8,599.80; “Amphotericin BHP” - $776.98; “Stabilized Formulation of Triamcinolone Acetonide” - $357.00; “Multimodal Plate Acoustic Devices” - $33.00; “Delivery of Medicaments to the Nail” - $95.56; “Novel Cyclopentenedione Antifungal Compounds and Methods for Their Use – EP” - $302.43; “Saururus Cernuus Comounds that Inhibit Cellular Responses to Hypoxia – CA” - $33.00; “Acoustic Instruments for Use in Aquaculture” - $46.10; “Acoustic Instruments for Use in Aquaculture” - $102.00; “Saururus Cernuus Comounds that Inhibit Cellular Responses to Hypoxia – EP” - $150.00 and “Stabilized Formulation of Triamcinolone Acetonide” - $127.50.)
TOTAL DUE ...... $17,724.48
Payment of legal fees for professional services rendered by Stites & Harbison (Statements dated 4/17/07, 4/17/07, 4/17/07, 5/29/07, 5/31/07, 6/22/07, 6/22/07, 6/22/07, 6/22/07, 6/22/07, 6/22/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 9/18/07 and 9/18/07) from the funds of the University of Mississippi Medical Center. (These statements represent services and expenses in connection with the following patent applications: “Method of Treatment and Prevention of Brain Damage” – $112.50; “Temporary Mucosal Gastric Electrical Stimulation Device and Method for Treating Gastroparesis” - $2,984.00; “Saliva-Based Protein Profiling” - $295.02; “Temporary Mucosal Gastric Electrical Stimulation Device and Method for Treating Gastroparesis” - $274.50, “Method for Localizing Enteric Nervous System” - $490.00; “Molecules Encoding Imidazoline Receptive Polypeptides and Polypeptides Encoded Thereby” - $264.50; “Thermally-Targeted Delivery of Medicaments” - $760.00; “Temporary Mucosal Gastric Electrical Stimulation Device and Method for Treating Gastroparesis” - $397.86; “Synergistic Combinations of Chrome-Free Corrosion Inhibitors” - $46.00; “Cell Culture Model for Demyelination/Remyelination” - $999.66;
Page 5 of 6 01/14/2008 EXHIBIT 3 40 November 14, 2007
“Saliva-Based Protein Profiling” - $1,751.50; “DNA Sequence Encoding a Human Imidazoline Receptor and Method for Cloning the Same” - $1,796.00; “Thermally-Targeted Delivery of Medicaments” - $199.50; “Temporary Mucosal Gastric Electrical Stimulation Device and Method for Treating Gastroparesis” - $1,940.94; “Cell Culture Model for Demyelination/Remyelination” - $3,140.46; General - $450.00; “DNA Sequence Encoding a Human Imidazoline Receptor and Method for Cloning the Same” - $2,553.20; “Method of Diagnosing & Monitoring Malignant Breast Cancer Carcinomas” - $150.00; “Thermally-Targeted Delivery of Medicaments” - $57.50 and “Temporary Mucosal Gastric Electrical Stimulation Device and Method for Treating Gastroparesis” - $120.00.)
TOTAL DUE……………………………….…….………………$ 18,783.14
Page 6 of 6 01/14/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 41 CONSENT AGENDA January 16-17, 2008 Page 1 of 7
A. EDUCATIONAL POLICIES AND PROGRAMS
1. SYSTEM ADMINISTRATION – APPROVAL OF DEGREES CONFERRED IN DECEMBER 2007
Institution Degree to be Conferred Number Subtotal Total
Jackson State University Undergraduate Bachelor of Arts 4 Bachelor of Business Administration 43 Bachelor of Science 75 Bachelor of Social Work 7 129 Graduate Doctor of Philosophy 1 Specialist in Education 2 Master of Business Administration 5 Master of Professional Accountancy 7 Master of Public Health 7 Master of Science 12 Master of Science in Education 20 54 183
STAFF RECOMMENDATION: Board staff recommends approval of this item.
2. SYSTEM ADMINISTRATION – APPROVAL OF DEGREES TO BE CONFERRED IN FEBRUARY 2008
Institution Degree to be Conferred Number Subtotal Total
University of Mississippi Medical Center Graduate/Professional Master of Science 2 Doctor of Philosophy 5 7
7
STAFF RECOMMENDATION: Board staff recommends approval of this item.
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B. BUDGET, FINANCE AND AUDIT
APPROVAL OF CONTRACTS
1. UMMC - Contract Extension for Medical Transcription Services
The University of Mississippi Medical Center requests approval to extend the current contract with MedQuist, Inc. The contract provides full service medical transcription and related health information management services. The term of the renewal contract is on or about January 1, 2008 through June 30, 2008. The amount for the new contract period will not exceed $360,000 and the total contract will not exceed $3 million.
STAFF RECOMMENDATION: This amendment has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item.
2. UMMC - Contract Amendment for Additional Space
The University of Mississippi Medical Center requests approval to amend the lease agreement with the Jackson Medical Mall Foundation. The 35th amendment is to lease additional space to be used for clinical space for patients and for study-related activities in conjunction with the National Institute for Diabetes and Digestive and Kidney Diseases grant entitled “National Children’s Study.” The term of the amendment is February 1, 2008 through September 27, 2012. The total contract is $257,217.82.
STAFF RECOMMENDATION: This amendment has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item.
3. UMMC - Contract for Billing Services
The University of Mississippi Medical Center requests approval to enter into a service contract with National Billing Associates to provide billing, claims submission, and collection services for the Home Dialysis Training Program. The contract will be for a period of three years effective February 1, 2008. The fee for the contract term is 4% of the adjusted gross collections. Fees for claims denied prior to the contract effective date is 20% of adjusted gross collections. Total cost for the contract is projected at $853,264.
STAFF RECOMMENDATION: This contract has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item.
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4. SYSTEM ADMINISTRATION - JSU EDUCATIONAL BUILDING CORPORATION TO ENTER INTO A BOND SWAP (INFORMATION ITEM)
At the September 19-20, 2007 Board meeting, Jackson State University requested approval for a Resolution authorizing the Jackson State University Educational Building Corporation (the “JSU/EBC”) to enter into a bond swap with notional amount of $30 million. Final Board approval was delegated to Mr. Scott Ross, Chairman of the Real Estate and Facilities Committee, and Mr. Aubrey Patterson, Chairman of the Budget, Finance, and Audit Committee. Subsequent to the September Board meeting, Mr. Ross and Mr. Patterson have approved the JSU/EBC bond swap. A properly executed Resolution will be prepared and signed by the appropriate IHL representatives. To date, the swap has not been finalized.
C. REAL ESTATE AND FACILITIES
APPROVAL OF INITIATION OF PROJECTS/APPOINTMENT OF PROFESSIONALS
1. JSU – GS 103-247, J.Y. Woodard Building Renovation
Jackson State University requests permission to initiate a project for the renovation of J.Y. Woodard Building, under HB 1440, Laws of 2006. The project will provide necessary ventilation and additions to convert space currently used by the School of Engineering to labs for the Department of Art. Funds are available in the amount of $250,000 from SB 2010, Laws of 2004 (reimbursable).
2. JSU – GS 103-248, Dining Hall Renovation
Jackson State University requests permission to initiate a project to renovate the Dining Hall under HB 1440, Laws of 2006, which will include relocating academic programs, equipment, office space, etc. from Johnson Hall to the Dining Hall Facility. Funds are available in the amount of $100,000 from SB 2010, Laws of 2004, and $150,000 from GS 103-219, Johnson/Dansby Replacement.
3. MSU – IHL 213-137, Horse Park Site
Mississippi State University Division of Agriculture, Forestry, and Veterinary Medicine requests permission to initiate a project and to appoint David Howell, PE, MAFES Engineer as project professional for the development of a site grading plan for the removal of soil from the interior of the harness track, for the construction of an additional recreational vehicle parking spots, and for an additional a restroom/bath house. Any
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consultants needed for this project will be hired on an “as needed” basis. The project budget is $500,000. Funding is available from MSU-Extension Service.
4. MUW – GS 104-161, Cromwell Electrical & Mechanical
The Mississippi University for Women requests permission to initiate a project and to appoint Atherton Engineering as project professionals for mechanical and electrical repairs to the Cromwell HVAC system, the power distribution loop and steam tunnels. The project budget is $250,000. Funds are available from HB 246, Laws of 2007
5. USM – IHL 214-013, Entertainment Industry Facility, Gulf Park Campus
The University of Southern Mississippi requests permission to appoint Albert & Associates of Hattiesburg, MS, as design professionals for the entertainment facility at the USM Gulf Park campus. The project was publicly advertised and six (6) proposals were received with the top three (3) proposals being interviewed by a selection panel. Funding is available from university sources in the amount $65,000.
STAFF RECOMMENDATION: Board staff recommends approval of Items 1-5.
APPROVAL OF AWARD OF CONTRACT
6. UMMC – IHL 209-506, Emergency Fuel Center
The University of Mississippi Medical Center requests permission to initiate a project and to award a contract to Wilkinson Construction, Inc., the lower of two (2) bidders in the amount of $261,262 for the construction of an emergency fuel center. The project was started in-house with an initial budget under $250,000. Documents have been completed and bids received. Since the low bid exceeds $250,000, the project now requires Board approval. The project budget is $275,000. Funding is available from interest income.
STAFF RECOMMENDATION: Board staff recommends approval of Item 6.
APPROVAL OF BUDGET INCREASES/CHANGE OF SCOPES
7. JSU – GS 103-231, E-City Center Project
Jackson State University requests approval to transfer funds in the amount of $116,000 from SB 3120, Laws of 1996, to GS 103-231, E-City Center Project. This transfer will increase the project budget to $806,000. This project will create a newly designed building on a site located near the new Metro Parkway and house the Mississippi Department of Economic Development.
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8. UM – IHL 207-295, Comprehensive Master Plan
The University of Mississippi requests approval to select a new design professional and to increase in budget from $500,000 to $650,000 for an increase of $150,000 to cover contract costs. The university previously selected and the Board approved Hanbury, Evans, Wright and Vlattas of Norfolk, Virginia as the design professional. However, since contract negotiations were unsuccessful, the university is requesting a change of professional. Funds are available from self-generated sources.
9. USM – IHL 208-268, Data Center Upgrade
The University requests approval of a budget increase from $700,000 to $3,500,000 for the Data Center Upgrade Project at the Hattiesburg campus. The project was originally initiated to correct several electrical and mechanical shortcomings in the center. A Mississippi Department of Education grant has been awarded to the university in the amount of $3,500,000 that allows the scope of the upgrade to be expanded to correct current deficiencies, increase security, and satisfy estimated growth needs for the Data Center.
STAFF RECOMMENDATION: Board staff recommends approval of Items 7-9.
APPROVAL OF OTHER REAL ESTATE AND FACILITIES REQUESTS
10. MSU -_Lease Approval
Mississippi State University requests approval of a lease for an estimated three hundred thirteen (313) square feet of a university facility by nCode, Inc., a commercial entity involved in collaborative research with MSU and economic development in the state of Mississippi. The facility under consideration for lease by this commercial entity is the Center for Advanced Vehicular Systems. Allowing the lease of a small portion of the facility would greatly enhance the university’s research efforts and enable further economic development of the State.
STAFF RECOMMENDATION: This Item has been reviewed and approved by the Attorney General’s office. Board staff recommends approval of this item.
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D. PERSONNEL
APPROVAL OF PERSONNEL ACTIONS REQUESTS
1. Employment of Personnel
Alcorn State University
Ernest T. Jones, Head Football Coach and Instructor, Department of Health, Physical Education and Recreation; Effective January 2, 2008 to December 31, 2010; Salary of $140,000 per annum, prorata.
The University of Mississippi
Fan Chen, Assistant Professor of Finance; M.S.; July 01, 2008, to June 30 2009; $110,000 per annum, pro rata
Kimberly W. Perry, Nurse Practitioner; M.S.; November 19, 2007, to June 30, 2008; $75,000 per annum, pro rata
The University of Mississippi Medical Center
Paula L. Stubbs, Professor of Physical Therapy, School of Health Related Professions; PhD; $96,913 per annum, prorata; full-time; effective January 22, 2008 to June 30, 2008.
The University of Southern Mississippi
Michael Herndon, Director of Procurement and Contracts; $90,000 annually; twelve months; effective December 3, 2007
2. Change of Status
The University of Mississippi
Larry D. Ridgeway; Interim Vice Chancellor for Student Life; to Vice Chancellor for Student Life; December 01, 2007, to June 30, 2008; $150,000 per annum, pro rata; to $175,000 per annum, pro rata; change in title
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The University of Mississippi Medical Center
Adrian R. Davis, Shift Supervisor of Nursing, University Hospitals and Clinics to Nurse Manager III, University Hospitals and Clinics; $32.51 per hour; fulltime; to $80,895 per annum, prorata; full-time; effective December 1, 2007.
Alan M. Hawxby, Assistant Professor of Surgery, School of Medicine to Assistant Professor of Surgery and Chief, Division of Transplant, School of Medicine; $71,070 per annum, prorata; full-time; to $96,070 per annum, prorata; full-time; effective December 1, 2007 to June 30, 2008.
Donald K. Horn, RN I, University Hospitals and Clinics to Nurse Manager II, University Hospitals and Clinics; $31.52 per hour; fulltime; to $78,534 per annum, prorata; full- time; effective December 3, 2007.
3. Emeritus Status
The University of Mississippi Medical Center
Lyle D. Zardiackas , Professor and Chair of Biomedical Materials Science and Research Administrator, School of Dentistry and Professor of Orthopedic Surgery and Rehabilitation, School of Medicine and to Professor Emeritus of Biomedical Materials Science, School of Dentistry; $190,395 per annum, prorata; full-time; to non-salaried; effective December 31, 2007; assuming Professor Emeritus status.
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1. SYSTEM ADMINISTRATION – APPROVAL OF NEW ACADEMIC UNIT In accordance with Board Policy 501.03 NEW ACADEMIC PROGRAMS AND UNITS, Mississippi State University requests permission to create the National Strategic Planning and Analysis Research Center within the Office of Research and Economic Development. The new unit will coordinate, facilitate, and expand research activities across academic and research units involved in workforce and economic development by providing highly technical expertise in the management and analysis of complex administrative databases from various federal, regional, state, and local entities. The center will also benefit the state and nation by providing science-based strategies aimed at reducing the gap between the availability of high performance workers and those required to remain competitive under pressures posed by globalization and technological advancement. The center will be funded through reallocation of existing resources and/or non-state resources during the first two years and from grant and contract activities in subsequent years. STAFF RECOMMENDATION: Board staff recommends approval of this item.
2. SYSTEM ADMINISTRATION – ONLINE DEGREE PROGRAMS (INFORMATION ONLY) a. Delta State University plans to offer the Master of Education in Elementary Education (CIP 13.1202) in an online format. The program emphasizes online interactions between the student, fellow students, and the instructor in addition to quality field experiences in order to train the teacher to implement research-based practices within the elementary school. b. Delta State University plans to offer the Master of Business Administration (CIP 52.0201) in an online format. Designed with professionals in mind, the Integrated Master of Business Administration (IMBA) program requires limited in person visits per module while allowing opportunities to build professional networks with peers, faculty and business leaders. Additionally, hands-on learning opportunities may be scheduled with local facilities and agencies. c. The University of Mississippi Medical Center is offering the Bachelor of Science in Clinical Laboratory Sciences (Advanced Standing Curriculum) (CIP 51.1105) in an online format. The advanced standing curriculum is designed to enable the person who holds an associate degree and the Clinical Laboratory Technician/Medical Laboratory Technician (CLT/MLT) credential the opportunity to earn a baccalaureate degree. d. The University of Mississippi Medical Center is offering the Bachelor of Science in Health Information Management (Progression Curriculum) (CIP 51.0706) in an online format. The progression curriculum is designed to enable the person who holds an associate degree and the Registered Health Information Technician (RHIT) credential the opportunity to earn a baccalaureate degree.
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e. The University of Mississippi Medical Center is offering the Bachelor of Science in Health Sciences (CIP 26.9999) in an online format. The health sciences program is designed to provide students presently working in health care with an appropriate knowledge base, analytical skills, and personal characteristics necessary for health care leadership positions. f. The University of Mississippi Medical Center is offering the Doctor of Physical Therapy (Transitional Curriculum) (CIP 51.2308) in an online format. The transitional curriculum is designed to enable practicing, licensed physical therapists to update their education background, enhance their clinical skills, and receive the doctor of physical therapy degree. STAFF RECOMMENDATION: Board staff recommends this item be received as information.
3. SYSTEM ADMINISTRATION – MODIFICATION TO EXISTING ACADEMIC UNIT (INFORMATION ONLY) In order to allow for tighter academic controls to insure compliance with SACS, The University of Southern Mississippi informed the Board at both the April and July 2005 Board of Trustees meetings of several unit reorganizations that took place which included a name change for the Office of Non- Credit Programs to the Office of Non-Credit Programs and Conferences within the Office of the Provost. The university has since renamed the Office of Non-Credit Programs and Conferences to the Office of Professional Development and Educational Outreach. STAFF RECOMMENDATION: Board staff recommends this item be received as information.
4. SYSTEM ADMINISTRATION – INSTITUTES AND CENTERS (INFORMATION ONLY) a. Mississippi State University has established the Northern Gulf Institute. This limited scope and outreach center will address critical coastal and inland issues including ecosystem impacts, watershed management, coastal hazards, and resiliency. Housed in MSU offices at the Stennis Space Center, the institute is funded through extramural resources. b. The University of Southern Mississippi has established the Center for Research in Creative Learning. This limited scope and outreach center will foster collaborative partnerships of arts and science programs with state and national education, arts, and science agencies to advance and apply research in learning for Mississippi PK12 professional learning communities. Housed in the College of Science and Technology, the center is funded through extramural resources. STAFF RECOMMENDATION: Board staff recommends this item be received as information.
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1. UM – APPROVAL TO SETTLE A WORKERS’ COMPENSATION CASE
The University of Mississippi seeks approval to settle the case styled Sallie Moore v University of Mississippi.
STAFF RECOMMENDATION: Board staff recommends approval of this item.
2. MSU – APPROVAL OF CONTRACT FOR LEGAL SERVICES WITH DAVID WARE & ASSOCIATES, L.L.C.
Mississippi State University requests permission to enter into a contract with the firm of David Ware & Associates, L.L.C., located in Jackson, MS, Metairie and Baton Rouge, LA, and Pensacola, FL, to provide services necessary in preparing labor certification applications on behalf of the university for its employees who seek permanent residence status. This contractual agreement is necessary due to amendments by the US Department of Labor to the permanent labor certification regulations, specifically: The employers are required to pay the cost of preparing, filing, and obtaining certification, and prohibits an employer from transferring those costs to the beneficiary. This includes a prohibition on the alien paying the employer’s attorney fees. The rule does allow an alien to pay his or her own personal costs incurred in connection with a labor certification, including attorney fees for personal legal representation, but where the same attorney represents both the alien and the employer, the costs must be borne by the employer. The term of the contractual agreement will be for one (1) year, for a maximum amount payable of $50,000 during contract term.
STAFF RECOMMENDATION: The agreement has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item.
3. MUW – APPROVAL OF INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF COLUMBUS
Mississippi University for Women requests approval to enter into an Interlocal Cooperation Agreement with the City of Columbus regarding specific actions by city police on the MUW campus. The Agreement was approved by the City Council on of Columbus on December 18, 2007. Upon approval by the IHL Board, this agreement will be sent to the Opinions Division of the Attorney General’s Office for final approval. The agreement is shown below.
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF COLUMBUS AND MISSISSIPPI UNIVERSITY FOR WOMEN
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THIS AGREEMENT is entered into between the City of Columbus ("CITY") and Mississippi University for Women ("MUW") by which said parties agree to this Interlocal Cooperation Agreement ("Agreement").
WHEREAS, the law enforcement agencies of the City and MUW have the responsibility of protecting lives and property within their respective jurisdictions, and keeping the peace; and
WHEREAS, extra-jurisdictional sharing of resources and capabilities of the City and MUW is the most efficient and effective use of law enforcement resources to protect life and property; and
WHEREAS, law enforcement operations of the City and MUW may affect one another and necessitates a joint cooperation in order that persons and property of City and MUW may be better protected and the peace better maintained; and
WHEREAS, it is necessary and desirable that an Interlocal Cooperation Agreement be executed for the purposes of effectuating mutual aid between MUW and City as set forth herein in the most efficient way possible; and
WHEREAS, Section 17-13-1 et. seq. of the Mississippi Code of 1972 as may be amended allows City and IHL to enter into such agreement
NOW, THEREFORE, the parties agree as follows:
1. Parties. This Interlocal Cooperation Agreement (hereinafter referred to as "Agreement") is made and entered into by and between MUW, whose address is 1100 College Street Columbus, MS and the City whose address is 1501 Main Street Columbus, MS.
2. Purpose and Specific Statutory Authority. The purpose of this Agreement is to establish the terms and conditions under which certified police officers of City may, pursuant to Section 17-13-1 et. seq. of the Mississippi Code of 1972, as may be amended from time to time, provide law enforcement assistance within the jurisdiction of MUW. The City has specific statutory authority to enforce the laws, protect persons and property and to keep the peace pursuant to Chapter 21 of Title 21 of the Mississippi Code of 1972 as amended. Specific Statutory authority of the MUW Police Department to enforce the laws is found at Chapter 105 of Title 37 of the Mississippi Code of 1972 as amended.
3. Term of Agreement. This Agreement is effective upon the day and date last signed and executed by the duly authorized representatives of the parties to this Agreement and the governing bodies of the parties' respective board or municipality and shall remain in full force and effect until January 1, 2010, but may be terminated by the new Mayor and City Council, at their election upon their taking office after the expiration of the current terms of political office of The Mayor and City Council of the City. Further, this Agreement
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may be terminated, with or without cause, by either party upon service of one (1) month's written notice, which notice shall be delivered by hand or by certified mail to the address listed above.
4. Responsibilities of MUW.
A. Supply and Replacement. MUW will be responsible for supplying and/or replacing supplies needed and/or used by officers from CPD for services rendered providing law enforcement assistance within the jurisdiction of MUW during a Major Law Enforcement Operation ("MLEO"). A MLEO shall include, but is not limited to, any incident within MUW jurisdiction that involves a hostage, barricaded subject, high risk warrant, or an active shooter, where lives or property within MUW's jurisdiction are in grave danger. The supplies to be provided or replaced pursuant to this Section 4(A) shall include: food; non-lethal riot control agents, including, but not limited to, agents such as OC or CS gas; and any other supplies reasonably needed to sustain the officers and necessary to provide assistance with respect to a MLEO. Before any payments will be due by MUW to City, City shall account for the supplies used and money expended to sustain the officers of the City as described herein and City shall produce to MUW receipts for expenditures made pursuant to this Agreement. The supplies to be provided under this section do not include salaries, wages, bonuses, or fringe benefits of any employee of the City.
B. Provision of SRT Officer. MUW will provide one certified Police Officer from its Law Enforcement agency to serve on the City's Police Department Special Response Team ("SRT"), and will equip said officer with all equipment for said officer as specified in the City's Police Department SRT Standard Operating Procedure Manual ("SOP"). MUW shall also ensure that said officer meets all requirements set forth by,the Columbus Police Department S.R.T. S.O.P.
5. Responsibilities of CPD. CPD will provide its S.R.T. team upon request by MUW for assistance with respect to a MLEO.
6. General Provisions.
A. Amendments. Either party may request changes to this Interlocal Cooperation Agreement. Any changes, modifications, revisions or amendments to this Interlocal Cooperation Agreement must be mutually agreed upon by and between the parties to this Agreement and if agreed to, shall be incorporated by written instrument, and effective when approved by the respective governing Boards and executed and signed by the parties to this Interlocal Cooperation Agreement and approved by the Attorney General of the State of Mississippi.
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B. Applicable Law. The construction, interpretation and enforcement of this Interlocal Cooperation Agreement shall be governed by the laws of the State of Mississippi. The courts of the State Of Mississippi shall have jurisdiction over any action arising out of this Interlocal Cooperation Agreement and over the parties, and the venue shall be Lowndes County, Mississippi.
C. Authority Granted and Chain of Command. Officers of City Police Department assigned and performing duties pursuant to this Interlocal Cooperation Agreement are subject to the direction and control of the Chief of Police of the City or his designee and shall have full authority within the territorial jurisdiction of MUW as they would have inside the City. However, nothing in this Agreement shall be interpreted to authorize any assigned police officer to exercise any power that MUW is not authorized to exercise. Further, during a MLEO, and the periods of training for same MUW's police officer assigned to the City shall be subject to the direction and control of the Chief of Police of the City or his designee.
D. No Separate Legal or Administrative Agency Created. This Agreement does not intend to, nor does it, create any separate legal or administrative agency.
E. Manner of Supplying, Staffing and Financing. It is anticipated that this Agreement shall not cause either entity to expend moneys in excess of their respective normal operational budgets.
F. Disposal of Property at Expiration. The parties do not expect to have joint property, either real or personal during the term of or as a result of this Agreement. To the extent they have acquired such property, it shall be disposed of at the termination of this Agreement in accordance with the rules of the Mississippi State Department of Audit and Mississippi law.
G. Filing of Agreement. A copy of this Agreement, once approved by the Attorney General of the State of Mississippi shall be filed with the Chancery Clerk of Lowndes County and with the Secretary of State of the State of Mississippi as well as with the Mississippi Department of Audit.
H. Entirety of Agreement. This Agreement, represents the entire agreement between the parties and supersedes all prior negotiations, representations and agreements, whether written or oral.
I. Liability. Pursuant to MS 17-13-9 Mississippi Code 1972 annotated any peace officer acting under this Agreement shall be deemed to be acting within the scope of his duties. All privileges and immunities from liability, and all pension, disability, worker's compensation and other benefits which normally apply to
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peace officers while in the performance of their duties in their own jurisdiction shall also apply to them when acting pursuant to this Agreement.
J. Severability. Should any portion of this Agreement be determined to be illegal or unenforceable, the remainder of the Agreement shall continue in full force and effect, and either party may renegotiate the terms affected by the severance.
K. Immunity. The MUW and CPD and their respective governing bodies do not waive their immunity by entering into this Agreement, and each fully retains all immunities and defenses provided by federal and state law with respect to any action based on or occurring or arising out of this Agreement.
L. Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of a third party beneficiary, and this Agreement shall not be construed so as to create such status. The rights, duties and obligations contained in this Agreement shall operate only between the parties to this Agreement, and shall inure solely to the benefit of the parties to this Agreement. The provisions of this Agreement are intended only to assist the parties in determining and performing their obligations under this Agreement. The parties to this Agreement intend and expressly agree that only parties to this Agreement shall have any legal or equitable right to seek to enforce this Agreement, to seek any remedy arising out of a party's performance or failure to perform any term or condition of this Agreement, or to bring an action for the breach of this Agreement.
7. Signatures. In witness whereof, the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this Agreement as set forth herein. The effective date of this Agreement is the date of the signature last affixed to this page.
Mississippi University for Women
/s Claudia A. Limbert 12-14-07 By: Claudia Limbert, President Date Of MUW
______MUW Chief of Police Date
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City of Columbus
______Mayor Date
______Chief of City Police Date
______Secretary/Treasurer Date
STAFF RECOMMENDATION: The agreement has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item.
4. SYSTEM ADMINISTRATION – REPORT OF PAYMENTS TO OUTSIDE COUNSEL (INFORMATION ITEM)
Legal fees approved for payment to outside counsel in relation to litigation and other matters:
Payment of legal fees for professional services rendered by Phelps Dunbar (Statement dated 10/26/07) from the funds of Mississippi State University. (This statement represents services and expenses in connection with the case styled Charlie F. Wade v. MS Cooperative Extension Service.)
TOTAL DUE……………………………….…….………………$ 231.67
Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (Statement dated 10/15/07; 6/13/07; 6/13/07; 8/3/07; 9/27/07; 9/28/07; 9/29/07; 9/29/07; 9/28/07; 9/27/07; 10/15/07 and 11/6/07) from the funds of the University of Mississippi Medical Center. (These statements represent services and expenses in connection with the following issues: General Advice - $6,342.50; Gen. Rep. of Med. School and Facility Practice Plans - $4,601.00; General Advice - $3,311.00; General Advice - $8,051.50; General Advice - $3,891.50; General Advice - $2,408.00; General Advice - $14,039.50; Gen. Rep. of Med. School and Facility Practice Plans - $18,364.40; Gen. Rep. of Med. School and Facility Practice Plans - $6,584.90; Gen. Rep. of Med. School and Facility Practice Plans - $86,451.02; Gen. Rep. of Med. School and Facility Practice Plans - $13,780.32 and General Advice – $45,000.00.)
TOTAL DUE……………………………….…….………………$ 212,825.64
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Payment of legal fees for professional services rendered by Page, Kruger & Holland (Statement dated 11/6/07) from the funds of the University of Mississippi Medical Center. (This statement represents services and expenses in connection with the Williams case.)
TOTAL DUE……………………………….…….………………$ 2,075.55
Payment of legal fees for professional services rendered by Page, Mannino, Peresich & McDermott (Statements dated 9/18/07) from the funds of the University of Mississippi Medical Center. (These statements represent services and expenses in connection with the following cases: Smith - $148.00; Flowers - $8,857.85; Porter - $5,589.83; Alert Weather Services Inc. - $4,020.46; McGarry - $6,424.35; Blake - $7,798.07; Lofton - $3,402.73 and Williams - $1,503.25.)
TOTAL DUE……………………………….…….………………$ 37,744.54
Payment of legal fees for professional services rendered by Phelps Dunbar (Statements dated 10/23/07 and 10/31/07) from the funds of the University of Mississippi Medical Center. (These statements in the amounts of $1,982.05 and $481.82, represent services and expenses in connection with Dean and Dean Architects and DSH Litigation, respectively.)
TOTAL DUE……………………………….…….………………$ 2,463.87
Payment of legal fees for professional services rendered by Scott Sullivan, Streetman & Fox (Statement dated 10/25/07) from the funds of the University of Mississippi Medical Center. (This statement represents services and expenses in connection with the Teer case.)
TOTAL DUE……………………………….…….………………$ 9,103.96
Payment of legal fees for professional services rendered by Adams & Reese (Statements dated 9/15/07 and 10/17/07) from the funds of the University of Southern Mississippi. (These statements in the amounts of $9,684.85 and $23,626.10, respectively, represent services and expenses in connection with a personnel issue.)
TOTAL DUE……………………………….…….………………$ 33,310.95
Legal fees approved for payment to outside counsel in relation to patent and other matters:
Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (Statements dated 10/16/07) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Compact Time-of-Flight Mass Spectrometer – UK” – $449.42; “Compact Time-of-Flight Mass Spectrometer – CA” - $116.46 and “Light Scattering, etc.” - $25.50.)
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TOTAL DUE……………………………….…….………………$ 591.38
Payment of legal fees for professional services rendered by DLA Piper (Statements dated 8/17/07; 8/28/07; 10/9/07; 10/12/07; 10/15/07; 10/26/07; 10/30/07; 10/30/07 and 10/31/07) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Production of Biodiesel and Other Valuable Chemicals from Wastewater Treatment Plant Sludges” – $99.20; “Method for Transformation of Cotton and Organogenic . . .” - $112.50; “Method for Detecting and Managing Nematode Population” - $275.00; “Fiber-Bragg Grating-Loop Ringdown” - $301.65; “Production of Biodiesel and Other Valuable Chemicals from Wastewater Treatment Plant Sludges” - $91.00; “Use of Novel Virulence Genes as Targets for Diagnosis and Potential Control of Virulent Strains” - $3,196.65; “Directed Movement of Termites Using Low Frequency Emission” - $1,823.30; “Production of Biodiesel and Other Valuable Chemicals from Wastewater Treatment Plant Sludges” - $113.78 and “Power Conversion Components, Systems and Methods” - $2,701.80.)
TOTAL DUE……………………………….…….………………$ 8,714.88
Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (Statements dated 9/11/07 and 10/9/07) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “Animal Model for Anxiety and Depression” – $185.42 and “Animal Model for Anxiety and Depression” - $406.75.)
TOTAL DUE……………………………….…….………………$ 592.17
Payment of legal fees for professional services rendered by Hunton & Williams (Statements dated 9/14/07) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “Method of Preparing Delta-9- Tetrahydrocannabinol – CA” – $128.07; “Method of Preparing Delta-9-Tetrahydrocannabinol – CA” - $125.71; “Method of Preparing Delta-9-Tetrahydrocannabinol – SA” - $125.00; “Method of Preparing Delta-9-Tetrahydrocannabinol – NZ” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol – EPO” - $125.00; “Method of Preparing Delta-9-Tetrahydrocannabinol – EPO” - $125.00; “Method of Preparing Delta-9-Tetrahydrocannabinol – AU” - $125.60; “Method of Preparing Delta-9-Tetrahydrocannabinol – AU” - $93.75; “Design and Synthesis of Optimized Ligands and PPAR – CA” - $306.69; “Synthesis of Epothilones and Related Analogs – CA” - $62.50; “Synthesis of Epothilones and Related Analogs – EPO” - $62.50; “Synthesis of Epothilones and Related Analogs – IL” - $64.07; “Antimycoba Cterial Method” - $93.75; “Stable Suppository Formulations Effecting Bioavailability of 9-THC - KR” - $125.00; “Stable Suppositories Formulations Effecting Bioavailability of 9-THC – US” - $125.00; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – AU” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – BR” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – CA” - $62.50; “Method of Preparing Delta-9-
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Tetrahydrocannabinol Esters – CH” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – HU” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – NO” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – NZ” - $31.25; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – RU” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – SG” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – SA” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – AT” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – BE” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – DK” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – FI” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – FR” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – DE” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – UK” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – GR” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – IE” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – IT” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – NL” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – PT” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – ES” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – SW” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – CH” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – US” - $62.50; “Dihydroartemisinin and Dihydroartemisitene Dimers as Anti-Cancer and Anti-Infective Agents – CA” - $62.50; “Dihydroartemisinin and Dihydroartemisitene Dimers as Anti-Cancer and Anti-Infective Agents – EPO” - $62.50; “Potent Immunostimulatory Extracts from Microalgae – US” - $1,877.64; “Anticancer and Antiprotozoal Dihydroartemisinene and Dihydroartemisitene Dimers with Desirable Chemical Functionalities” – $31.25; “8-Aminoquinolines - DE” - $2,794.57; “8-Aminoquinolines – IE” - $1,373.00; “8- Aminoquinolines – IT” - $3,685.36; “8-Aminoquinolines – PT” - $4,152.32; “8- Aminoquinolines – ES” - $3,769.81; “Highly Selective Sigma Receptor Ligands” - $1,200.00 and “Potent Immunostimulatory Components” - $485.22.)
TOTAL DUE……………………………….…….………………$ 22,838.06
Payment of legal fees for professional services rendered by Stites & Harbison (Statements dated 10/30/07) from the funds of the University of Mississippi Medical Center. (These statements represent services and expenses in connection with the following patents: “DNA Molecules Encoding Imidazoline Receptive Polypeptides and Polypeptides Encoded Thereby” - $1,300.28; “Cell Culture Model for Demyelination/Remyelination” - $80.00; “Thermally-Targeted Delivery of Medicaments” - $1,238.94 and “Temporary Mucosal Gastric Electrical Stimulation Device and Method for Treating Gastroparesis” - $1,201.50.)
TOTAL DUE……………………………….…….………………$ 3,820.72
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5. SYSTEM ADMINISTRATION – DISCUSSION OF TERMINATION OF CONTRACT FOR LEGAL SERVICES BETWEEN DLA PIPER U.S. AND MSU
The Board recently renewed a contract for legal services between the law firm of DLA Piper U.S. and Mississippi State University for intellectual property services. Following approval of the contract renewal, it was discovered that an attorney in this firm is representing the MUW Alumnae Association in suing the IHL Board, Dr. Limbert and Mississippi University for Women. Therefore, discussion of termination of the contract with DLA Piper U.S. is appropriate at this time.
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1. APPROVAL OF CONTRACT
JSU - Approval of Amendment to Bookstore Contract
Jackson State University requests approval to amend an agreement with Follett Higher Education Group, Inc. to assist JSU in its campus bookstore facility renovation. The amendment temporarily decreases Jackson State University’s sales commission from 10% on the first $4 million of gross revenue to 8.5% until the reduction of the 1.5% of gross revenues equals $410,000. Follett will advance the $410,000 in commissions so the renovation can be completed by JSU. Once the $410,000 is repaid, the modified commission percentage will return to its previous rate of 10%.
STAFF RECOMMENDATION: This amendment has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item.
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APPROVAL OF INITIATIONS OF PROJECTS/APPOINTMENT OF PROFESSIONALS
1. MSU – IHL 205-231, South Entrance Road
Mississippi State University requests permission to appoint Volkert & Associates of Mobile, Alabama as project professionals for environmental assessment on the South Entrance Road project. This project will construct a new entrance road along the east boundary of the MSU South Farm connecting Poorhouse Road East to the university. The Mississippi Department of Transportation selected Volkert & Associates as the professionals for this portion of the work. Funding for this project is provided by the Federal Government through the Mississippi Department of Transportation in the amount of $5,000,000.
2. USM – GS 116-001, Cross Creek Master Planning - Gulf Coast Campus
The University of Southern Mississippi requests permission to initiate a project and appoint Eley/Allred/Saski as design professionals for master planning of the new Gulf Coast Cross Creek Campus. Funds are available from HB 246, Laws of 2007.
3. USM – IHL 208-236, Tennis Court Relocation
The University of Southern Mississippi requests permission to appoint JMS Architect of Jackson, MS as the design professional for the relocation of the tennis courts. The project was initiated by the Board on March 19, 1998 and preliminary design work was initially performed by JH&H Architects of Jackson, MS. JH&H Architects has agreed in writing, to allow another firm to handle this project due to their project workload. The project budget is $3,200,000. Funds are available from private donations and university sources.
STAFF RECOMMENDATION: Board staff recommends approval of Items 1-3.
APPROVAL OF BUDGET INCREASE/CHANGE OF SCOPE
4. UMMC - IHL 209-435C, Guyton Building Expansion
The University of Mississippi Medical Center requests approval for an increase in budget from $51,610,370 to $53,500,000 for an increase in the amount of $1,889,630. Other changes include and an additional ninety days (90) to the contract time and a change in scope for the completion of atrium and office shelled areas on floors 5, 6 and 7. These changes will make administrative space available when the facility is opened and will lessen the disruption of building operations. Funds are available from interest income.
STAFF RECOMMENDATION: Board staff recommends approval of this item.
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APPROVAL OF OTHER REAL ESTATE AND FACILITIES REQUESTS
5. JSU - Resolution Request for Conveyance of Certain Parcels
Jackson State University and the JSU Development Foundation requests authorization for the conveyance of certain parcels of land, which is located in a severely distressed census tract immediately north and east of the JSU main campus, for the development of “University Park at Jackson” projects. Pursuant to the authority granted the Board in Mississippi Legislature 2006 Regular Session, HB 1033, Board approval is requested for a Resolution authorizing the conveyance of the Omitted Parcels.
Certain land parcels that are needed for the University Park at Jackson Projects are titled in the name of JSU, State of Mississippi, for and on behalf of JSU, and State of Mississippi, for the use and benefit of IHL. Some of the land parcels were included on a list attached as an exhibit to a resolution the IHL Board approved at its June 2007 meeting. The resolution authorized the conveyance of said parcels to the Jackson Redevelopment Authority for use in the University Park at Jackson Projects. Four parcels necessary for the Projects were inadvertently omitted from the exhibit list, however.
Those parcels, all situated in the First Judicial District of Hinds County, are numbered 143-14, 143-55, 143-56, and 144-35 (the “Omitted Parcels”).
STAFF RECOMMENDATION: This item has been reviewed and approved by the Attorney General’s office.
6. JSU – Lease of Certain Parcels
Jackson State University requests approval for the execution of a ground lease by JSU EBC to lease certain land parcels located within the area directly east and northeast of its main campus (the parcels are more particularly described in Exhibit “A” and the Ground Lease which is on file in the office of Real Estate and Facilities). The Ground Lease is a fallback option that is needed in order to secure financing for the project now under the New Markets Tax Credit (“NMTC”) program. The NMTC investors are unwilling to provide the financing until a JSU entity has control of the project site. The Ground Lease is necessary in order to expedite the closing of the financing for the mixed use development project to be located at the corner of Dalton and Lynch Streets, directly across from the JSU Campus Union. This project will provide faculty, staff and graduate students of JSU housing and also provide new retail, restaurant and office space and 200 parking spaces.
This item has been reviewed and approved by the Attorney General’s Office.
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7. MSU – Sale of 1.607 Acres of Land
Mississippi State University requests permission to sell 1.034 acres of land and 0.573 acres of land to CSS Starkville, LLC, for the sum of $820,000.00. The 1.034 acres of land is situated in Lots 8 and 10 of Block 29 and the 0.573 acres is situated in Lot 10 of Block 29 as shown on the A.L. Goodman official map of the City of Starkville. A 15’ wide sewer easement located between the Comfort Suites Property and the 0.573 acres of property to be sold will be retained by Mississippi State University. A copy of the Offer to Purchase Real Estate, the legal description, site drawings and two appraisals for each parcel are on file in the Office of Real Estate and Facilities.
This item has been reviewed and approved by the Attorney General’s Office.
8. MSU – Naming of New Residence Hall
Mississippi State University requests permission to name the newly constructed residence halls which include Ruby Hall, Hurst Hall, Griffis Hall and an unnamed fourth hall, the “Donald W. Zacharias Village”, in honor of Dr. Donald W. Zacharias, the second longest-services chief executive who served from 1985-1997.
9. UM – Approval of Development Agreement
The University of Mississippi requests permission to execute the Development Agreement, the Declaration of Covenants, Conditions, Ground Lease, Restrictions, Reservations, and Easements (Exhibit B to Development Agreement), and the Construction and Access Easement (Exhibit D to the Development Agreement) to allow the university to develop five hundred (500) acres of undeveloped land known as the Hathorn Property. The University of Mississippi Research Foundation (UMRF) applied and received a grant in the amount of $19,744,560 from the National Institute of Standards and Technology for the purpose of developing UM Research Park on a portion of this property which is located south of Highway 6 across from the university’s Lafayette County campus.
The grant will allow the development of a Research Park on a portion of the Hathorn Property and under the Development Agreement, the UMRF will use proceeds from the grant to construct a bridge across Highway 6 providing access to the Hathorn Property, to design and install roads, utilities, and infrastructure, and to design and construct the first Research Park building. The property’s value to the university will be greatly enhanced. In exchange the university will dedicate approximately one hundred ten acres (110) of the Hathorn Property for use as the Research Park and grant the UMRF the option to ground lease building sites within the Research Park at pre-development appraised rates, using the average of two appraisals after being adjusted for inflation.
STAFF RECOMMENDATION: This item has been reviewed and approved by the Attorney General’s Office. : Board staff recommends approval of Items 5-9. 01/14/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 64 AGENDA REAL ESTATE AND FACILITIES JANUARY 16-17, 2008 Page 4 of 12
10. SYSTEM ADMINISTRATION - Real Estate and Facilities Items Subsequent to the November 14, 2007 Board Meeting (Information Items)
Alcorn State University
The Board staff concurred with the university’s request for payment to be made in the amount of $64,691.25 to McElroy 3 Architects, PLLC for design fees associated with the renovations of GS 101-258, Dumas Hall and that contractual relationships with McElroy 3 Architects, PLLC end with this payment. Approval was requested by the Bureau of Building, Grounds and Real Property Management.
The Board staff approved Change Order #7 for GS 101-227, Dining Facilities Preplanning, in the amount of $20,000 and requested approval by the Bureau of Building, Grounds and Real Property Management. The change order will add the cost of providing the Master Guard Moisture Mitigation System to the concrete slab on grade areas in Lobby 101, Dining 107, Dining 111, Lobby 113, Café 134, Corridor 135 and Lobby 136. The project budget is $14,640,597.24. Funds are available from HB 1634, Laws of 2006.
The Board staff approved Change Order #8 for GS 101-227, Dining Facilities Preplanning, in the amount of $8,642.53 and requested approval by the Bureau of Building, Grounds and Real Property Management. The change order will deduct unnecessary sub-base material, cover exposed steel at eight columns, add gypsum board work required to enclose projection screen that had to be mounted below structural steel, add requested core samples to verify slab thickness in accordance with contract documents and lay additional sod along a sloping bank. The project budget is $14,640,597.24. Funds are available from HB 1634, Laws of 2006.
The Board staff approved Change Order #9 for GS 101-227, Dining Facilities Preplanning, in the amount of $47,055.60 to add for the work associated with providing a new 4” gas line to the facility and requested approval by the Bureau of Building, Grounds and Real Property Management. The project budget is $14,640,597.24. Funds are available from HB 1634, Laws of 2006.
The Board staff approved Change Order #1 for GS 101-239, Baseball Field Improvements, in the amount of $786.00 with an increase of one-hundred-eighty-six (186) days to the contract of Barnard & Sons Construction and requested approval by the Bureau of Building, Grounds and Real Property Management. The change order will cover the change of breakers in the electric power panel for water heaters, install a new hollow metal door and frame with hardware into a crawl space, furnish and install a new cast aluminum plaque for the baseball stadium and delete privacy slats that are specified to be installed in the chain link fencing. The project budget is $1,251,000. Funds are available from SB 2988, Laws of 2003, and SB 2010, Laws of 2004.
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Delta State University
The Board staff approved the award of a contract for GS 102-196, Athletic Facility- Additions and Renovations, to Jackson Construction of Grenada, Inc., the lower of three (3) bidders, in the amount of $495,095. Approval was requested by the Bureau of Building, Grounds and Real Property Management. The project will provide new dug- outs in the softball facility, upgrade training area at the Chadwick-Dickson facility and upgrade locker rooms for both men and women’s basketball in the Sillers Coliseum. The project budget is $555,565. Funding is available from SB 2010, Laws of 2004.
The Board staff approved the award of a contract for GS 102-216, Kethley Building Re- Roof (Attic Re-Insulation), to David Smith Construction, Inc., the lower of three (3) bidders, in the amount of $58,250. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project will replace molded insulation in the Kethley attic that was discovered during the roofing project. The project budget is $85,018.91. Funds are available from SB 2010, Laws of 2004.
Jackson State University
The Board staff approved Change Order #6 for GS 103-179, School of Engineering in the amount of $48,164.17 to furnish and install revisions and additions of laboratory piping, five fire dampers, a new two-inch gas regulator, and one 225A 3P breaker at Panel LD1A. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $18,377,781.05. Funds are available from HB 1675, Laws of 1999.
The Board staff approved the university’s request to transfer funds in the amount of $400,000 from GS 103-220, Charles Moore Replacement, to GS 103-219, Johnson/Dansby Replacement, Phase I and requested approval by the Bureau of Building, Grounds and Real Property Management. The transfer is necessary for asbestos abatement, building demo, site work and utilities for Johnson Hall.
The Board staff approved the award of a contract for GS 103-222, 2003 Drainage Improvements, to Lampkin Construction Company, Inc., the lower of two (2) bidders, in the amount of $312,635. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $369,142. Funds are available from SB 2988, Laws of 2003.
The Board staff approved Change Order #1 for GS 103-239, North Drainage Ditch Improvements, in the amount of $21,448 to remove the existing paved concrete ditch and replace with rock rip-rap at new grades and to provide continuous positive slope to tie-in at existing grouted rip-rap. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $628,552. Funds are available from SB 2988, Laws of 2003.
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Missisippi State University
The Board staff concurred with the university’s request for approval of Alternate/Improved Projects for PWs 5308, 8658, 8686, 8690, 8691, 8978, 8537, 5464, 5854, and 8977 as submitted to FEMA/MEMA. Each project is under $250,000 and does not require an IHL project number.
The Board staff approved the university’s request to demolish the two car garage, formerly known as Building 2105, at 46-48 Blackjack Road and requested approval from the Bureau of Building, Grounds and Real Property Management. This wooden garage, constructed in 1949 for an estimated $1,000, is no longer in use and has been off inventory for several years. The Office of Real Estate and Facilities has received approval letters from MDAH which will be kept on file in this office.
The Board staff approved the award of a contract for GS 105-294, Simulation and Design Center (Landscaping), to Stewart Environmental Construction, Inc., the lower of two (2) bidders, in the amount of $44,985. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $75,000. Funds are available from SB 3197, Laws of 2002.
The Board staff approved the contract documents, authorizing advertising for the receipt of bids for GS 105-324, McComas Hall Lobby Finishes and requested approval from the Bureau of Building, Grounds and Real Property Management. The project budget is $350,000. Funds are available from HB 1634, Laws of 2006.
The Board staff approved Change Order #2 for GS 105-314, Middleton Hall Roofing/Waterproofing which adds seventy-six (76) calendar days to the contract of Frazier and Williams Construction. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The increase in contract time is requested due to unforeseen circumstances and conditions uncovered during construction. The building was fully occupied during the construction period and the building occupants are not adversely affected by the increase in construction time. The project budget is $750,000. Funding is from SB 2010, Laws of 2004.
The Board staff approved Change Order #1 for GS 105-327, Re-Roof Giles Hall, in the amount of $5,279 with an additional sixty-nine (69) days added to the contract of Graham Roofing, Inc. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The change order will provide for replacement of roof drains discovered to be partially blocked with tar from the original construction of the facility and the addition of drains due to minimum slope of the original roof deck and the required height of the new flashing. The project budget is $400,000. Funds are available from HB 1634, Laws of 2006, and the MSU College of Veterinary Medicine.
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The Board staff approved Change Order #2 for GS 113-114, Pace Warehouse Storm Repairs, in the amount of $27,657 with an additional twenty-one (21) days to the contract of Conn Construction Company. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The change order will add interior paint, replace two walk doors, replace door hardware and add four pipe bollards and exit lights. The project budget is $495,000. Funds are available from HB 1634, Laws of 2006.
The Board staff approved the university’s request to remove Buildings 1450-1452, Buildings 1464-1465 and Building 1469 from inventory. Approval was requested from the Bureau of Building, Grounds and Real Property management. The Office of Real Estate and Facilities has received approval letters from MDEQ and MDAH which will be kept on file.
The Board staff approved the award of a contract for IHL 205-227, Hardy Street Parking Lot, Phase II to Gregory Construction Services, Inc., the lower of five (5) bidders, in the amount of $454,800 for the construction of extended parking lots on Hardy Street. The project budget is $530,000. Funding is available from university sources.
The Board staff approved the design development documents for IHL 205-229, Patterson Engineering Building Window Replacement, as prepared by Shaffer and Associates, the design professionals. The project budget is $350,000. Funding is available from university sources.
The Board staff approved the university’s request to advertise for the receipt of bids for IHL 205-230, Simrall Auditorium Renovation. The project budget is $498,000. Funding is available through university funds.
The Board staff approved the university’s request to remove Building 2160, Campus Landscape Office Annex, located at 210 Buckner Lane from inventory and requested approval from The Bureau of Building, Grounds and Real Property Management. The modular building which is 864 square feet, cost unknown, and was purchased in used condition in 1991 can be disposed as surplus property or sold by bid acceptance. The office of Real Estate and Facilities has received approval letters from MDAH which will be kept on file.
Mississippi University for Women
The Board staff approved contract documents for IHL 204-118, Fine Arts – Storm Damage, as prepared by Johnson, Bailey, Henderson, McNeill and authorized advertising for the receipt of bids. The project budget is $3,208,508.02. Funds are available from the Federal Emergency Management Agency.
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Mississippi Valley State University
The Board staff approved Change Order #5 for GS 106-202, Sutton Administration Building, in the amount of $11,134 with an increase of one hundred eighteen (118) days to the contract of Carothers Construction, Inc. to remove additional microbial mold containing material identified during the demolition of the interior surfaces. The project budget is $197,134. Funds are available from HB 246, Laws of 2007.
University of Mississippi
The Board staff approved Change Order #3 for GS 107-275, PPD Outbuildings, in the amount of $27,004.70 with an increase of twenty five (25) days to the contract of Hooker Construction, Inc. The change order will add 3-phase welding outlet, rework the existing beam of the storm water retention pond, add 3 foot wide 4 inch thick V-shaped concrete flumes along existing driveway full length, add two pipe bollars in front of the air compressor/air dryer under vehicle shed and add one air outlet in Service Bay 101 and Wash Bay 104. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $1,111,602. Funds are available from 2003 R&R and university self-generated funds.
The Board staff approved the award of a contract for IHL 207-281, Golf Course Landscaping, Drainage and Irrigation, to Eagle Golf, the lower of two (2) bidders, in the amount of $2,337,251.39. Alternate #1 in the amount of $38,292.50 for a total contract of $2,375,551.89. The landscaping will include erosion control, clearing and grubbing, mass excavation and rough shaping, fine grading and shaping, drainage, modified USGA green construction, sand bunker construction, electric irrigation system, asphalt cart path construction and grassing. The project budget is $3,200,000. Funds are available from UM EBC 2006 and self-generated funds.
The Board staff approved the award of a contract for GS 107-284, Faser Hall 3rd Floor, to CIG Contractors, Inc., the lower of three (3) bidders in the amount of $2,935,000 and requested approval from the Bureau of Building, Grounds and Real Property Management. The project budget is $3,600,000. Funds are available from SB 2010, Laws of 2004.
The Board staff approved the Master Plan for GS 107-286, Coulter Hall, in the amount of $74,035 and requested approval from the Bureau of Building, Grounds and Real Property Management. The project budget is $3,000,000. Funds are available from HB 1634, Laws of 2006.
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The Board staff approved the schematic design for GS 107-287, Hill Hall Renovations, and requested approval from the Bureau of Building, Grounds and Real Property Management. The project budget is $1,600,000. Funds are available from HB 1634, Laws of 2006.
University of Mississippi Medical Center
The Board staff concurs with the university’s request to reject all bids for GS 109-186, New Teaching Facility, and requested approval from the Bureau of Building, Grounds and Real Property Management. All bids were reviewed by the university and determined that the supplemental funding required for award is not available from UMC sources.
The Board staff approved the contract documents and authorized advertising for the receipt of bids for GS 109-193, Chiller #2 & Tower #2 Replacements. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $350,000. Funds are available from self-generated sources.
The Board staff approved Change Order #1 for IHL 209-381C, Adult Tower Landscaping ,n the amount of $6,810.00 with an increase of one hundred sixteen days (116) to the contract of Flagstar Construction Company. The change order will remove the concrete sidewalk and curb and replace them with concrete handicap ramp, correct existing soil pumping issues, add fill dirt to the southwest side at the power stand and electrical manhole, spray for weed control and nut grass, and add additional 80 linear feet of expansion joints. The project budget is $530,000. Funds are available from Educational Building Corporation and Patient Revenue.
The Board staff approved Change Order #1 for IHL 209-497, Pavilion MRI Addition 2006, in the amount of $7,730. The change order is for additional fencing, signage and demolition and disposal of asbestos roof material on existing modular building being that is being removed. The project budget is $625,000. Funds are available from self- generated funds.
The Board staff approved the schematic design documents for IHL 209-501, School of Dentistry Renovations 2007, as prepared by JBHM, P.A. to renovate existing lab area to create a new Cell Culture Lab and to convert the original studio area into classroom and bio-material office areas. The project budget is $270,000. Funds are available through self-generated sources.
The Board staff approved the contract documents and authorized advertising for the receipt of bids for IHL 209-502, Firewall Renovation Phase III. The project is a Joint Commission deficiency and should be placed on the market as quickly as possible. Therefore, approval to forego submittals of Schematic and Design Development documents is approved. 01/14/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 70 AGENDA REAL ESTATE AND FACILITIES JANUARY 16-17, 2008 Page 10 of 12
The Board staff approved Change Order #6 in the amount of $83,578 for IHL 209-435 “C”, Guyton Building Expansion. The change order provides for electrical revisions in the switches at the emergency power system to allow for monthly testing of the generator without building services disruption and also allows for connection of external generator source to feed/backup existing generator for extended outages/emergencies. The project budget is $51,610,370. Funds are available from self-generated sources.
The Board staff approved Change Order #2 in the amount of $18,900 for IHL 209-497, Pavilion MRI Addition 2006. The change order will provide for the cost of additional asphalt seal coating and overlay to the surrounding parking area in lieu of repairs, within the contract, to a smaller section within the construction limits which otherwise would leave unacceptable transitions to the existing total parking lot. The project budget is $625,000. Funds are available in the amount from self-generated sources.
The Board staff approved the contract documents and advertisement for the receipt of bids for IHL 209-502, Firewall Renovation Phase III. This project is a Joint Commission deficiency and will be placed on the market as quickly as possible. Therefore, approval to forego submittals of Schematic and Design Development documents has been approved. The project budget is $350,000. Funds are available from UMC self- generated sources.
University of Southern Mississippi
The Board staff approved Change Order #2 for GS 108-230, Polymer Institute Produce Processing Unit/Plant, in the amount of $5,900 with an increase of two (2) days to the contract time for Mac’s Construction. The change order provides for modifications to the filling and grading of the site over excavation and the addition of suitable select fill. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $25,000,000. Funds are available from SB 2988, Laws of 2003, and a NIST Grant.
The Board staff approved Change Order #5 for IHL 208-251, Trent Lott Center for Excellence in Economic Development & Entrepreneurship, in the amount of $466,730 with an additional sixty (60) days to the contract time for Finlo Construction. The change order will add the audio visual system to the main floor conference rooms. The project budget is $23,000,000. Funds are available from Government VA-HUD Independent Appropriations Act on 200 Conference Report (HR-107-202).
The Board staff approved Change Order #6 for IHL 208-251, Trent Lott Center for Excellence in Economic Development & Entrepreneurship, for an additional one hundred and ten days (110) to the contract time for Finlo Construction for a completion date of December 27, 2007. These additional days have been reviewed and recommended by the architect due to weather delays. No cost changes are involved.
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The Board staff approved Change Order #6 for IHL 208-258, MM Roberts Stadium Expansion and Renovation, in the amount of $55,093.30 to furnish and install two inches of asphalt base, six inches of crushed limestone base and install conduit for scoreboard communications. The project budget is $32,171,670.38. Funds are available from the USM Athletic Foundation.
The Board staff approved the bid and the award of a contract for IHL 208-263, Ogletree House Restoration and Expansion for asbestos abatement/demolition to DC General Contractors, Inc., the lower of three (3) bidders, in the amount of $4,464,000. The award includes a ten percent (10%) negotiated deduction of the Base Bid and a deductive Alternate of $62,000. The project budget is $5,000,000. Funds are provided from university sources.
The Board staff approved Change Order #1 for IHL 208-282, Renovation of President’s Home, in the amount of $24,622.63 with no change in contract time. The change order is to accommodate unforeseen conditions involving sub-flooring, insulation, adequate electrical boxes, new wall beam, extra dumpsters for debris removal and relocation of catch basin. The project budget is $300,000. Funds are available from university sources.
The Board staff approved the award of a contract for IHL 210-236, Marine Environmental Research Laboratory, to Dan Hensarling, of Gulfport, the lower of eleven (11) bidders, in the amount of $1,636,800. The project budget is $2,442,775. Funds are available from Katrina Foreign Contributions Award, GRO 2745.
The Board staff approved Change Order #2 for GS 110-089, Research Office/Lab Facility, in the amount of $25,711.73 with an increase of one-hundred-five (105) days to the contract of J.O. Collins. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The change order is to revise underground piping for future tie of sediment tanks, revise seawater and non-potable water for added capacity, provide stainless steel all thread which is best in the corrosive environment, furnish a building plaque per standards, to allow time extension to coincide with the Project Notice to Proceed and to allow for delivery of an elevator. The project budget is $9,300,000. Funds are available from SB 2010, Laws of 2004, Mississippi DMR and NOAA grant GRO 02733.
The Board staff approved the design documents and authorized advertising for the receipt of bids for GS 115-002, Oceanographic Facility/Infrastructure Modifications. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $4,157,000. Funds are available from SB 3197, Laws of 2002; SB 2010, Laws of 2004 and HB 246, Laws of 2007.
The Board staff approved the construction documents and authorized advertising for the receipt of bids for IHL 210-235, Aquaculture Demo Lab, Gulf Coast Research Lab-Cedar
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Point, as prepared by Allred and McNabb Architects, design professionals. The project budget is $1,400,000. Funds are available from university sources.
The Board staff approved the donation of five (5) cottages by the Mississippi Alternate Housing Pilot Program through the Mississippi Emergency Management Association (MEMA) to the USM Research Center in Ocean Springs. These cottages will be used by faculty, staff and students who were displaced from their primary residence due to Hurricane Katrina. A Memorandum of Understanding has been issued by USMRC and a fully executed copy will be kept on file in the Office of Real Estate and Facilities.
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1. SYSTEM ADMINISTRATION – APPROVAL OF PROPOSED AMENDMENTS TO BOARD POLICY 201.0608 INSTITUTIONAL EXECUTIVE OFFICER/COMMISSIONER OF HIGHER EDUCATION SEARCH PROCESS
These proposed amendments to Board Policy 201.0608 were approved for first reading by the Board in November, 2007. They reflect the desired changes expressed by the Board during its October, 2007 retreat. The amendments are presented for final approval.
201.0608 INSTITUTIONAL EXECUTIVE OFFICER/COMMISSIONER OF HIGHER EDUCATION SEARCH PROCESS
A. General Policy The Board shall appoint the Commissioner and the Institutional Executive Officers (IEOs). The Board shall make interim appointments to executive officer and/or commissioner positions as necessary and with such consultation as the Board considers appropriate.
B. Board Search Committee The President of the Board shall appoint a committee of Board members to manage the search for a Commissioner or an IEO. The President of the Board shall appoint a member of the committee as chairperson. The Commissioner, in consultation with the Board Search Committee, will make a recommendation to the Board with regard to a search consultant may select a search consultant, with the Board’s approval, to assist with the search for an IEO. The Board Search Committee may select a search consultant to assist with the search for a new Commissioner. As part of the initiation of the IEO search process, the Commissioner and Board Search Committee may consider the input of constituents regarding desired characteristics of a new IEO. The Board may also consider input from constituents regarding the desired characteristics of a new Commissioner.
C. Advertisement Schedule, Ad The Commissioner search consultant shall develop the position advertisement and a general schedule for the search in consultation with the Commissioner and with the approval of the Board Search Committee.
D. Campus Screening Search Advisory Committee In a search for an IEO, the Commissioner shall appoint a C campus Screening Search Advisory Committee, as well as a chair of such committee. The Campus Screening Search Advisory Committee shall be representative of the various constituent groups of the university,
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including faculty, staff, students, alumni, foundation representatives, and members of the community. In a search for a Commissioner, the Board may seek advice from appropriate individuals or groups, including any search consultant hired by the Board.
E. Recruitment, Interviews, Selection Recruitment of C candidates recruitments may occur up to the point of selection, but candidates will be advised to submit their materials by a specified date to insure optimum consideration for the position.
F. Candidate Screening The Campus Screening Search Advisory Committee, working with the consultant if one is used, shall narrow the field of applicants to no less than five candidates for an IEO position. Those names shall then be submitted unranked to the Commissioner. If no consultant is used, the Search Advisory Committee shall work with the Commissioner to narrow the list of candidates. The Commissioner shall then forward those IEO candidates’ names to the Board Search Committee.
The Commissioner shall then forward those IEO candidates’ names to the Board Search Committee. The Board Search Committee may then select which of those candidates will participate in initial on-campus interviews to be conducted by the Campus Screening Committee. Following the on- campus interviews, the Commissioner shall gather feedback from the Campus Screening Committee regarding the interviews. The Commissioner shall next report to the Board Search Committee on the feedback obtained following the on-campus interviews. The Board Search Committee, in consultation with the Commissioner, shall then recommend two final candidates to be interviewed by the Board.
In the alternative, the Board Search Committee may elect to conduct the initial IEO candidate interviews in lieu of allowing the Campus Screening Committee to conduct same. In the event the Board Search Committee elects to conduct the initial interviews, the Board Search Committee may interview those candidates it selects from the unranked candidate list provided by the Campus Screening Committee. In addition, the Board Search Committee may choose to interview any other candidates it deems appropriate. Representatives from the Campus Screening Committee may be included in those interviews, if invited by the Board Search Committee. These interviews may occur at campus or non-campus sites. Following the initial interviews by the Board Search Committee, the Board Search Committee, in consultation with the Commissioner, shall narrow the number of finalists to two.
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Final interviews of IEO candidates shall then be held before the Board. If it is deemed necessary, visits may be conducted to the home campuses of the remaining candidates. Following the final interviews, the Board shall select an IEO and announce its decision.
In a search for a Commissioner, the Board Search Committee may request appropriate individuals or groups to submit unranked recommendations of candidates to be considered for initial interviews. The Board Search Committee shall schedule initial interviews and all members of the Board will be invited to attend the initial interviews and participate in the selection of candidates for final interviews. The Board Search Committee may also invite two additional individuals to attend and observe the initial interviews conducted by such committee to fill the position of Commissioner. The Board Search Committee will next develop an interview schedule for the candidates selected for final interviews for the position of Commissioner. The Board shall then meet and conduct final interviews and select the Commissioner. (This paragraph was moved to the end of this policy.)
G. Interview Search Advisory Committee The Search Advisory Committee shall then select a representative group of members, called the Interview Search Advisory Committee, to participate with the Board of Trustees in the remainder of the search process except when the Board of Trustees votes to go into executive session. The Interview Search Advisory Committee shall be comprised of faculty, students, staff and outside representatives. These representatives shall be diverse in race and gender.
H. Additional Screening The Board Search Committee, in consultation with the Commissioner and the search consultant (if one is used), shall then decide, as a result of in- depth discussions, whom to possibly interview from the names sent forward by the Search Advisory Committee.
I. First Interviews The Board Search Committee and the Commissioner, with input from the Interview Search Advisory Committee, will conduct the first round of interviews. The number of candidates to be invited for a second round of interviews may be reduced by the Board Search Committee after in-depth conversations.
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J. Reference Contacts Under the direction of the Commissioner and/or the consultant, reference contacts will be made on each candidate who is participating in the second round of interviews.
K. Background Checks The consultant, if one is used, or the Commissioner if no consultant is used, will conduct a background check on those candidates participating in the second round of interviews.
L. Second Interviews Before the second round of interviews, the results of the reference contacts shall be made known to the Board Search Committee and the Interview Search Advisory Committee. After the interviews, the Board Search Committee, in consultation with the Commissioner, shall decide its top two or three candidates following in-depth conversations.
M. Preferred Candidate After all of the above has been completed, the Board of Trustees will meet to hear from the Board Search Committee and the Interview Search Advisory Committee regarding an assessment of each candidate. The Commissioner’s assessment and recommendation will be sought. The Board of Trustees will then select and announce their Preferred Candidate.
N. Campus Interview The Preferred Candidate will be scheduled for a full day on-campus for interviews with a wide array of constituents. Each group will have the opportunity to provide feedback on the Preferred Candidate to the Board of Trustees.
O. Decision The Board of Trustees will meet after the last on-campus interview session to review the feedback and conduct further discussion. The Board of Trustees will then vote to name the Preferred Candidate as the institution’s new Institutional Executive Officer or vote to continue the search.
In a search for a Commissioner, the Board Search Committee may request appropriate individuals or groups to submit unranked recommendations of candidates to be considered for initial interviews. The Board Search Committee shall schedule initial interviews and all members of the Board will be invited to attend the initial interviews and participate in the selection of candidates for final interviews. The Board Search Committee may also invite two additional
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individuals to attend and observe the initial interviews conducted by such committee to fill the position of Commissioner. The Board Search Committee will next develop an interview schedule for the candidates selected for final interviews for the position of Commissioner. The Board shall then meet and conduct final interviews and select the Commissioner.
STAFF RECOMMENDATION: Board staff recommends approval of this item.
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1. SYSTEM ADMINISTRATION - ELECTION OF VICE PRESIDENT OF THE BOARD OF TRUSTEES FOR THE TERM BEGINNING MAY 8, 2008 AND ENDING MAY 7, 2009
Unless the Board votes today to change the timing of the election of its officers, the Board should now nominate and vote on its next Vice President.
The Vice President of the Board is elected pursuant to Board Policies and Bylaws 301.01 Officers of the Board and 301.02 Election of Officers.
301.01 OFFICERS OF THE BOARD
A. PRESIDENT:
There shall be a president elected by the Board from its membership whose term of office shall be for one year or until his or her successor is elected. The president of the Board shall preside at all meetings of the Board; he or she shall be an ex officio member of all standing and special committees; he or she shall appoint members of all standing or special committees; he or she shall, with the Commissioner, execute such instruments and contracts as may be ordered by the Board; he or she shall perform such duties as usually pertain to this office and such other duties as may be assigned by the Board; and he or she shall be governed in his action by the usual parliamentary procedure. The president of the Board may not succeed himself/herself as president after having served a full year term.
B. VICE PRESIDENT:
There shall be a vice president elected by the Board from its membership. The term of office shall be one year, and the vice president shall preside at meetings of the Board in the absence or disability of the president. The vice president of the Board shall automatically succeed to the office of president after having served a one-year term as vice president. The vice president shall become president upon the resignation, removal, death or incapacity of the president.
301.02 ELECTION OF OFFICERS
The Board shall elect its officers at the January meeting of the Board, if held, to take office on the eighth day of May in the same year.
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2. SYSTEM ADMINISTRATION – APPROVAL OF AGENDA ITEMS APPROVED SUBSEQUENT TO THE NOVEMBER 14, 2007 BOARD MEETING. THE COMMISSIONER GRANTED APPROVAL AND REQUESTS BOARD RATIFICATION
A. REAL ESTATE & FACILITIES
This item was submitted in December by the University of Mississippi which required action prior to the January meeting. In accordance with Board Policy 904B., Board Approval, Mr. Ross as chair of the Real Estate and Facilities Committee, approved this item which the staff had determined needed immediate attention.
APPROVAL OF BUDGET INCREASE
UM – IHL 207-294, Residential College
The University of Mississippi requests approval of the Schematic Design and an increase in budget from $20,000,000 to $46,500,000 for an increase of $26,500,000 to cover the change in scope and the necessary upgrades to the infrastructure for the Residential College project as prepared by Cooke Douglass Farr Lemons, LTD and Eley and Associates, the design professionals. Funds are available from self-generated funds.
B. PERSONNEL
Employment of Personnel
Delta State University
Dr. Ann Lotven, Provost and Vice President for Academic Affairs; effective February 4, 2008; annual salary $165,000.
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The University of Mississippi
Jin Hyun So; Scientist II, National Center for Physical Acoustics; Ph.D.; November 05, 2007, to October 01, 2008; $75,000 per annum, pro rata
Employment of Athletics Personnel
Robert K. Dameron; Assistant Football Coach; B. S.; December 4, 2007 to June 30, 2008; $100,000 per annum, pro rata
Ronald L. Dickerson, Jr.; Assistant Football Coach; B. ED.; December 4, 2007 to June 30, 2008; $80,000 per annum, pro rata
Tyrone Nix; Assistant Football Coach; B. S.; December 11, 2007 to December 10, 2010; $350,000 per annum, pro rata
Houston D. Nutt, II; Head Football Coach; B.S.; November 26, 2007 to November 25, 2011; $200,000 per annum, pro rata
Chris Vaughn; Assistant Football Coach; B. A.; December 13, 2007 to June 30, 2008; $140,000 per annum pro rata
The University of Mississippi Medical Center
Michael C. Baird – Associate Professor of Radiation Oncology, School of Medicine; MD; $220,000 per annum, prorata; full-time; effective January 2, 2008 to June 30, 2008.
Mark R. Bowling – Assistant Professor of Medicine and Director of Interventional Pulmonary Program, School of Medicine; MD; $75,900 per annum, prorata; full-time; effective July 1, 2008 to June 30, 2009.
Patrick Eakes – Assistant Professor of Medicine, School of Medicine and Medical Director, University Hospitals and Clinics; MD; $138,000 per annum, prorata; full-time; effective January 1, 2008 to June 30, 2008.
Kevin Foster, Director of Ambulatory Operations, University Hospitals and Clinics; MS; $93,500 per annum, pro rata; full-time; effective January 3, 2008.
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Mary J. Vernon, Manager Care Coordination, University Hospitals and Clinics; BS; $88,853 per annum pro rata; full-time, effective January 2, 2008.
Change of Status
Mississippi State University
Michael J. McGrevey, Chief of Staff, Office of the President, $131,250 to Vice President, Finance and Administration, $205,000 per annum, pro rata, effective January 1, 2008.
Kenneth W. Stewart, Associate Controller for Records, Reporting, Budget and Payroll, Office of the Controller/Treasurer, $96,537.00 to Interim Controller and Treasurer, Office of the Controller/Treasurer, $110,000 per annum, pro rata, effective November 9, 2007.
The University of Mississippi Medical Center
Israh Akhtar, Assistant Professor of Pathology, University Medical Center to Assistant Professor of Pathology, University Medical Center and Assistant Medical Director of Cytopathology, University Hospitals and Clinics; $69,000 per annum, prorata; full-time; to $92,125 per annum, prorata; full-time; effective December 1, 2007 to June 30, 2008.
Jeffrey R. Henegar, Associate Professor of Pathology and Assistant Professor of Physiology and Biophysics, University Medical Center to Associate Professor of Pathology and Assistant Professor of Physiology and Biophysics, University Medical Center and Medical Director of Electron Microscopy, University Hospitals and Clinics; $72,714 per annum, prorata; full-time; to $104,714 per annum, prorata; full-time; effective December 1, 2007 to June 30, 2008.
Patrick B. Kyle, Instructor in Pathology, University Medical Center to Instructor in Pathology, University Medical Center and Assistant Medical Director of Clinical Chemistry, University Hospitals and Clinics; $52,406 per annum, prorata; full-time; to $79,406 per annum, prorata; full-time; effective December 1, 2007 to June 30, 2008.
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Sabbatical Leave
Jackson State University
Joseph Martin Stevenson, Professor and Distinguished Scholar and Founding Director, Executive Ph.D. Program; sabbatical leave of absence with pay; $134,946 (sabbatical pay for the period will be $67,473); effective January 2008 and extending through June 2008.
The University of Mississippi Medical Center
Bryan D. Cowan, Professor and Chairman of Obstetrics and Gynecology, School of Medicine and Attending Physician, University Hospitals and Clinics; with pay ($13,789) effective February 1, 2008 to February 29, 2008. Purpose of leave is to collaborate with a molecular biology laboratory at the University of California (San Diego) to develop molecular understandings for the genesis of uterine fibroids and potentially identify medical targets to control fibroid growth.
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