MISSISSIPPI BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING

FINAL BOARD BOOK AUGUST 18, 2011

FINAL BOARD BOOK OUTLINE August 18, 2011, 9:00 A.M.

University of Mississippi Medical Center Norman C. Nelson Student Union 2500 North State Street Jackson, MS 39216

CALL TO ORDER

PRAYER Trustee C.D. Smith

INTRODUCTION OF GUESTS

MINUTES

June 16, 2011 Regular Board Meeting Minutes

CONSENT AGENDAS Trustee Robin Robinson

BUDGET

1. UMMC – Request for Approval of Contractual Services Agreement With Passport Health Communications, Inc...... 1

2. USM – Request for Approval to Amend Lease Agreement with the University of Southern Mississippi Research Foundation (USMRF) ...... 3 3. IHL Executive Office – Request for Approval of Network Connection Agreement with Internet2 ...... 5

REAL ESTATE

Approval of Initiations of Projects/Appointments of Professionals

IHL Projects

1. UM – IHL 207-348 – Johnson Commons West Renovation, Design Professional – Tipton Associates, A Professional Architectural Corporation ...... 2

Approval of Budget Increases and/or Changes of Scope/Funding Source(s)

Bureau of Building Projects

2. ASU – GS 101-269 – Dumas Hall Renovations, Design Professional – Duval Decker .....4 3. DSU – GS 102-226 – Caylor/White-Walters Science Lab Renovations Phase II, Design Professional – Architecture South ...... 5 4. DSU – GS 102-237 – Caylor/White-Walters Renovation Phase III, Design Professional – Architecture South ...... 6 5. UM – GS 107-305 – Central Mechanical Plant, Design Professional – Eley Guild Hardy Architects ...... 8 6. UMMC – GS 109-195 – Adult Emergency Department (AED) Renovation, Design Professional – Dale/Morris Architects, PLLC ...... 9

IHL Projects

7. UMMC – IHL 209-530 – Classroom Renovations, Design Professional – Dale Partners Architects (formerly Barranco PLLC Architecture) ...... 11 8. UMMC – IHL 209-532 – Cardiovascular Renovations, Design Professional – Cooke Douglass Farr Lemons ...... 12 9. USM – Gulf Park – IHL 214-014 – Hardy Hall Storm Damage Repair, Design Professional – Dale Partners Architects ...... 14

Approval of Other Real Estate Requests

10. MSU – Award of Timber Sales – John W. Starr Memorial Forrest ...... 15 11. MSU – Utility Easement to East Madison Water Association ...... 16 12. UM – Delete from Inventory and Demolish Coy Waller Lab Complex – Original Offices ...... 17 13. USM – Granting of Access and Utilities Easement to W.C. and Linda Maples and Willis C. Maples and Linda G. Maples Trust ...... 17

2 14. ERC – Utility and Right of Way Easement to Gulf South Pipeline ...... 18

LEGAL

1. MSU – Approval to Hire Grunsky, Ebey, Farrar & Howell Law Firm as Outside Counsel ...... 1 2. USM – Approval to Hire Barry Cannada, John Healy, Cara Baer, Hermant Gupta, Lane Belisimo, Bob Morris, Al Bright, Ben Roberson and Ryan O’Beirne with Butler, Snow, O’Mara, Stevens and Cannada Law Firm as Outside Counsel ...... 1 3. USM – Approval to Hire J. Cal Mayo, Jr. and Mary Ann Connell of Mayo Mallette Law Firm as Outside Counsel ...... 2

PERSONNEL

Approval of Personnel Action Requests

1. Employment –(ASU, JSU, MUW, MVSU); Rehired Retirees on Contract during FY 2012 (DSU); Rehired Retirees NOT on contract during FY 2012 (ASU, MSU, UM) ...... 1 2. Change of Status – (ASU, JSU, MSU, MVSU) ...... 8 3. Sabbaticals – (MSU) ...... 9 4. Tenure – (DSU, MSU, MVSU) ...... 10 5. Termination – (ASU, MUW) ...... 11

REGULAR AGENDAS

BUDGET Trustee Aubrey Patterson

1. MUW – Request for Approval of Facilities Management Agreement With Sodexo America, LLC (aka Sodexo Operations, LLC) ...... 1 2. SYSTEM – AYERS Accountability Manual ...... 2

DIVERSITY COMMITTEE REPORT Trustee Bob Owens and Trustee Alan Perry

REAL ESTATE Trustee Scott Ross

Approval of Initiations of Projects/Appointments of Professionals

Bureau of Building Projects

1. ASU – GS 101-261 – Rowan Hall Renovations, Design Professional – Duval Decker .....3 2. ASU – GS 101-288 – Bowles Hall Renovations, Design Professional – To Be Determined through RFQ Method ...... 4

3 3. UM – GS 107-308 – Student Union Addition and Renovation, Design Professional – N/A ...... 5

Approval of Other Real Estate Requests

4. ASU – Re-naming of Jack Spinks Stadium to Casem-Spinks Stadium...... 7 5. MSU – Approval of Exterior Design of the Football Facility...... 8 6. MSU – Approval of Purchase of Property in Oktibbeha County, MS from MSU Foundation, Inc...... 9

LEGAL Trustee Alan Perry

1. ASU – Approval of Waiver of Board Policy Requirement and of Justification of Proposed Purchase Price of Property Adjacent to the Lorman, MS Campus...... 1 2. MUW – Approval of Proposed Affiliation Agreement Between Mississippi University for Women and the Mississippi University for Women Alumni Association ...... 2 3. UM – Approval of University of Mississippi Employees to Serve on the University of Mississippi Research Foundation Board of Directors ...... 16 4. UMMC – Approval to Settle Tort Claim No. 1703 ...... 17 5. UMMC – Approval to Settle Tort Claim No. 1709 ...... 17 6. USM – Approval of Proposed Amendment to the Point Cadet Compromise and Settlement Agreement ...... 17 7. SYSTEM – Approval of Permission to Request Official Attorney General’s Opinion ...... 31 8. SYSTEM – Approval of Inter-Agency Agreement for the Provision of Legal Services for the Fiscal Year 2012 Between IHL and the Attorney General’s Office ...... 33

INFORMATION AGENDAS Commissioner Hank Bounds

ACADEMIC AFFAIRS

SYSTEM – Annual Report on Faculty Tenure ...... 1 SYSTEM – Annual Report on Post-Tenure Review ...... 1

REAL ESTATE

SYSTEM- Real Estate Items Approved Subsequent to the June 16, 2011 Board Meeting Alcorn State University ...... 2 Jackson State University ...... 3 Mississippi University for Women ...... 6 Mississippi State University ...... 7 Mississippi Valley State University ...... 10

4 University of Mississippi ...... 11 University of Mississippi Medical Center ...... 20 University of Southern Mississippi ...... 25 Education & Research Center ...... 27

LEGAL

SYSTEM – Report of Payments to Outside Counsel ...... 1

ADMINISTRATION/POLICY

SYSTEM - Commissioner’s Notification of Approval ...... 1

ADDITIONAL AGENDA ITEMS IF NECESSARY

RECONSIDERATION

OTHER BUSINESS/ANNOUNCEMENTS

EXECUTIVE SESSION IF DETERMINED NECESSARY

ADJOURNMENT

5 MISSISSIPPI BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING

MINUTES FOR:

June 16, 2011 Regular Board Meeting Minutes MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING June 16, 2011

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 Mississippi Valley State University in Itta Bena, Mississippi, at 9:00 a.m., and pursuant to notice in writing mailed by certified letter with return receipt requested on January 6, 2011, to each and every member of said Board, said date being at least five days prior to this June 16, 2011 meeting. At the above-named place there were present the following members to wit: Mr. H. Ed Blakeslee, Dr. Stacy Davidson, Dr. Bettye Henderson Neely, Mr. Bob Owens, Mr. Aubrey B. Patterson, Mr. Alan Perry, Ms. Robin J. Robinson, Mr. Scott Ross, Dr. Douglas Rouse, and Mr. C.D. Smith. Ms. Christine Pickering and Ms. Amy Whitten were absent. The meeting was called to order by Ms. Robin Robinson, President, and opened with prayer by Mr. Alan Perry.

ANNOUNCEMENT

< President Robin Robinson gave opening remarks and thanked Dr. Donna Oliver, President of Mississippi Valley State University, and her staff for hosting the Board meeting on their campus. Trustee Robinson also expressed her appreciation of the lovely dinner given the previous night.

SPECIAL PRESENTATION

< Dr. Donna Oliver, President of Mississippi Valley State University, gave a special presentation entitled “Framing the Renaissance, MVSU, 2012-2017 Strategic Plan”.

INTRODUCTION OF GUESTS

< Trustee Robinson introduced the Student Government Association presidents Mr. Matthew Thompson, President at Jackson State University and Mr. Taylor McGraw, President at the University of Mississippi.

APPROVAL OF THE MINUTES

On motion by Trustee Davidson, seconded by Trustee Rouse, with Trustees Pickering and Whitten absent and not voting, all Trustees legally present and participating voted unanimously to approve the Minutes of the Board meeting held on May 19, 2011.

CONSENT AGENDA

On motion by Trustee Neely, seconded by Trustee Patterson, with Trustees Pickering and Whitten absent and not voting and with Trustee Smith recusing himself from discussing or voting upon all items on this agenda, all Trustees legally present and participating voted unanimously to approve the following Consent Agenda.

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ACADEMIC AFFAIRS 1. System – Approved the following academic unit modification: a. MSU – rename the Department of Foreign Languages to the Department of Classical and Modern Languages and Literature to reflect the unit’s added concentration in Classics and expanded course offerings in Latin and Greek. The name change will require minimal resources, which will be covered by existing university funds.

BUDGET, FINANCE AND AUDIT

2. MSU – Approved the request to lease approximately 1,635 square feet of space in Davis Wade Stadium to New Cingular Wireless PCS, LLC (NCW) to house communications equipment. The total term of the agreement is fifteen years beginning on the date the agreement is signed. The agreement includes an initial five-year period and two five-year automatic renewal periods. Over the term of the agreement, MSU will receive a minimum of $961,132.21 with the potential for additional revenue if NCW subleases space on the distributed antenna system to other providers. NCW will have the right to sublease space on the distributed antenna system to other providers (excluding Cellular South). NCW will pay MSU thirty percent of the sublease rental revenue. This will be in addition to the monthly rental payments. A schedule of payments is included in the bound June 16, 2011 Board Working File. MSU will receive monthly rental payments in the amount of $4,000 for the first year of the agreement beginning on the agreement’s execution. The monthly rental payments will escalate by four percent on the anniversary date of each succeeding year of the agreement. The estimated rental payments for the fifteen years of the agreement will be approximately $961,132.21. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. 3. UMMC – Approved the to enter into a purchase agreement with Carousel Industries of North America, Inc. to upgrade the current Avaya voicemail system to the Avaya Modular Messaging Platform. This agreement becomes effective on or about June 20, 2011, and will continue until all required tasks, including post-warranty maintenance and support, are completed. It is anticipated that all tasks specified in the agreement will be completed within ninety calendar days of receipt of the purchase order, with the exception of post-warranty maintenance and support which will continue for two years after the initial one year warranty period. The total cost for the entire contract period will not exceed $279,238.88 unless prior written authorization from ITS is obtained. During the two year post-warranty period, UMMC will be invoiced monthly for actual support services rendered. A breakdown of annual costs is included in the bound June 16, 2011 Board Working File. The agreement will be funded by general funds. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. 4. UMMC – Approved the request to enter into an interagency agreement with The Mississippi Department of Information Technology Services to provide an off campus co-location to host its primary data center in a highly available, low risk environment. The contract term is for five years – July 1, 2011 through June 30, 2016. The total cost for the five year contract is approximately $6,000,000. ITS expanded its facility to support the Data Center at a cost of $2.4 million. UMMC will reimburse this amount by paying $40,000 per month for the life of the contract. In addition, UMMC will reimburse ITS for the costs of actual power usage and support associated with UMMC’s use of a portion of the ITS facility. It is expected that this reimbursement will be approximately $60,000 per month for the life of the contract. The agreement will be funded by

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general funds. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. 5. UMMC – Approved the amendment to the current lease agreement with Select Specialty Hospital- Jackson, Inc. The amendment extends the current lease term by sixteen months, or through June 30, 2014. Presently, the lease agreement will expire on February 28, 2013. With Board approval and pending the response from the Mississippi Department of Health regarding the request for Certificate of Need, the scope of work is amended to extend the lease and to allow the use of 9,403 square feet for gastrointestinal/endoscopy services, electroconvulsive therapy and pediatric outpatient surgical services. The lease term will be extended by sixteen months bringing the total agreement period to six years, four months – March 1, 2008 through June 30, 2014. The amendment allows for the option to renew the lease for up to two additional one year terms. UMMC will pay a total of $1,076,007.60 for the three year contract extension. The annual amount paid for each of the three years is $358,669.20 ($236,579.52 - lease, $122,089.68 - operating expenses). The total cost for the entire six year contract period will be $3,293,345.60. This agreement is funded by patient revenue and general funds. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. 6. UMMC – Approved the request to amend the current maintenance and support agreement with Siemens Medical Solutions USA, Inc. Siemens is currently UMMC’s hospital information and physician billing system. The Board approved a contract in August 2010 with Epic Systems Corporation to replace Siemens. Epic is scheduled to go-live April 2013. The current agreement with Siemens is to provide general maintenance and break/fix support after conducting a root cause analysis. The purpose of the amendment is to add another facet to the scope of work for a one-year period of time. Specifically, Siemens’ scope of work will include the performance of day-to-day management services for the UMMC applications’ Invision and Signature systems. This will free up the UMMC support team who is currently performing these functions to allow them to work on the Epic implementation. The term of the amendment applicable to the expanded scope of work will be June 20, 2011 through June 30, 2012. The general break/fix support and maintenance services with Siemens will continue through the original approved term of April 1, 2010 through March 31, 2015. As a result of this amendment, there is no change to the total approved contract cost of $5,993,760.34 as approved by the Board in March 2010. The net effect in increasing the scope of work to include management services will be an accelerated payment schedule. Siemens has agreed to assume the expanded scope of work via a shift in the hours originally allocated for maintenance and break/fix support. UMMC will terminate its contract with Siemens after it has determined that the Epic implementation has been successfully completed. As a result of the anticipated early termination date of its current agreement with Siemens, UMMC estimates a savings of at least $596,292. The agreement is currently funded by hospital patient revenues and the University Physicians Practice Plan. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. 7. USM – Approved the request to enter into a service agreement with David H. Lee Enterprises, Inc. doing business as ServiceMaster Cleaning Alternatives to provide complete custodial services for the Union complex. The term of the agreement is two years beginning on July 1, 2011 and ending on June 30, 2013. The agreement includes an option to renew the agreement for two additional years in one year increments. USM will pay ServiceMaster Cleaning Alternatives $18,758 per month or $450,192 for the two-year period. In the event additional services are necessary above and beyond those called for in the specifications, the following hourly rates will be charged per hour per

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person: custodian $14.50, supervisor $16.50, floor tech $20.00. The dollar amount for additional services is estimated not to exceed $50,000 per year for a total of $100,000 over the life of the contract. As a result, the maximum total cost for the agreement is $550,192. The agreement will be funded by auxiliary funds. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. 8. USM – Approved the request to enter into a lease agreement with New Cingular Wireless PCS, LLC (NCW) for approximately 105 square feet of equipment space and for antenna space in the Theatre and Dance Building located on the Hattiesburg campus. NCW proposes to use the space to install and to operate antennas in connection with its federally-licensed communications business. The total term of the agreement is fifteen years beginning on July 1, 2011. The term includes an initial five-year period and two five-year automatic renewal periods. The total revenue generated by the agreement will be approximately $730,312.02. USM will receive a one-time payment for back rent of $182,127.78 for the period of August 1, 2003 to June 30, 2011. USM will receive a monthly rental payment of $2,281.41 for the first year of the agreement beginning on July 1, 2011. The monthly rental payment will escalate by four percent on July 1 of each succeeding year of the agreement. The estimated rental payments for the fifteen years of the agreement will be approximately $548,184.24. A schedule of the payment is included in the bound June 16, 2011 Board Working File. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. 9. USM - Approved the request to enter into a lease agreement with Gold Eagle, LLC to provide multiple off-campus apartments for use by USM student-athletes for a one-year period of July 1, 2011 to June 30, 2012. USM will pay Gold Eagle, LLC $383.33 per student-athlete per month. This will result in fluctuating monthly rental payments ranging from $18,399.84 (24 apartments housing 48 student-athletes) to $24,533.12 (32 apartments housing 64 student-athletes). For the term of the agreement, total payments will not exceed $254,531.12. The agreement will be funded by athletic auxiliary funds. Payment is transferred via the scholarship funds allocated for the student-athlete directly to Gold Eagle, LLC. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office.

REAL ESTATE 10. JSU – Approved the initiation of GS 103-265 – Pre-Plan College of Education and the appointment of a design professional through the “Request for Qualification” method. JSU plans to renovate the College of Education & Human Development Building and construct a new wing on the southwest side of the building. This building has not been totally renovated since its original construction. The project is needed to provide an adequate instructional facility for instructors/faculty, administrative staff, and students. The renovation will include adding and modifying existing walls, flooring, ceilings, mechanical HVAC, electrical service and communications/data services. The new construction will accommodate labs, classrooms, and office space for the administration. The pre-planning project is part of an estimated $12,000,000 project budget and will be funded through current state bond funds. The remaining project funds needed for the construction of the project are anticipated to be future state bond funds that the university will seek during future legislative sessions. The estimated project budget is $350,000. Funds are available from SB 3100, Laws of 2011 ($350,000). 11. JSU – Approved the initiation of GS 103-266 – Mechanical Upgrades Phase II and the appointment of The CGM Group as design professionals. JSU plans to replace/upgrade the old

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deteriorated mechanical systems in selected buildings on campus such as: pumps, coils, air handlers, starters, compression valves, cooling towers, storage tanks, exhaust fans, and exterior doors. The university is committed to energy conservation and is trying to operate as efficiently as possible. The estimated project budget is $1,900,000. Funds are available from SB 3100, Laws of 2011 ($1,900,000). 12. JSU – Approved the initiation of GS 103-267 – Alexander Center Renovation Phase I and the appointment of a design professional through the “Request for Qualification” method. JSU plans to renovate both Alexander East and West in order to replace the mechanical, electrical, windows, and all necessary interior renovations needed in rooms of the building. Alexander Hall is critical to the long range academic plan for the university. The areas to be renovated will include the following: replacing the mechanical and electrical systems, roof, doors, installing VCT and base, elevators, interior finishes, window treatments, and landscaping. These renovations will address all life safety issues and will provide a living environment conducive to learning. The estimated project budget is $6,500,000. Fu nds are available from SB 3100, Laws of 2011 ($6,500,000). 13. MUW – Approved the initiation of GS 104-173 – HVAC Upgrade Program and the appointment of Atherton Consulting Engineers as design professionals. MUW plans to repair/replace heating systems, boilers, air handler units, chiller and includes dehumidification projects for Callaway Hall, Welty Hall, Reneau Hall, Hogarth Cafeteria, Fant Library, McDevitt Hall, Whitfield Hall, Shattuck Hall, Carrier Chapel, Goen Hall, Jones Hall, and Old Pohl. The project was previously initiated with the Bureau of Building as GS 104-170 in May 2010 with a budget of $900,000 which falls under the threshold requiring Board approval. The latest schematic design estimate requires a project budget increase to $1.3 million which requires Board approval. A new project number has been assigned to the project with the new project budget. Funds are available from HB 1701, Laws of 2010 ($1,300,000). 14. MSU – Approved the initiation of GS 105-343 – Lee Hall Renovation and the appointment of Dale Partners Architects, P.A. as design professionals. The project will completely renovate Lee Hall, excluding the auditorium space that was renovated in 2005. Exterior renovation and restoration of the exterior facade, roof, site drainage, and windows will take place. Interior renovations will include architectural, mechanical, and electrical upgrades. Historic details will be maintained throughout the facility in accordance with directives from the Mississippi Department of Archives and History. The estimated project budget is $20,700,000. Funds are available from HB 1641, Laws of 2008 ($2,463,146.89); HB 1722, Laws of 2009 ($4,660,866.80); HB 1701, Laws of 2010 ($8,000,000); and SB 3100, Laws of 2011 ($5,575,986.31). 15. UMMC – Approved the initiation of GS 109-208 – Fire Alarm and Clock Upgrades, the appointment of The Power Source, PLLC as design professionals, and to sole source Simplex as the clock and fire system provider. Simplex is chosen as the sole source provider since this is an upgrade of existing Simplex systems currently in place. This renovation will upgrade the fire alarm systems and clock systems in several older buildings, bringing them up to the same standards as the newer buildings on campus. The project will include the planning and upgrades of the existing Simplex fire alarm system in the Learning Resources Center, Clinical Science, University Rehabilitation Center, and Office Annex I and II Buildings. Also included is the planning and upgrades of the existing Simplex clock system in the Learning Resources Center, Clinical Science and the original Guyton Building. The estimated project budget is $1,300,000. The funds are available from HB 1701, Laws of 2010 ($1,300,000).

5 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING June 16, 2011

16. UMMC – Approved the initiation of GS 109-209 – Building Repair and Renovations and the appointment of Shafer and Associates, PLLC as design professionals. This renovation will include replacing the roofs on four buildings that have been in use beyond their expected life and will repair two buildings foundations that have experienced movement due to shifting ground. The roofs will be replaced on the LN Building, School of Health Related Professions Maintenance Building, West Wing, and the Old Animal Quarters/Maintenance Area. The foundations will be repaired on the LB Building and the LH Building. The estimated project budget is $1,100,000. The funds are available from HB 1701, Laws of 2010 ($1,100,000). 17. MSU – Approved the initiation of IHL 205-261 – Re-Roof Humphrey Coliseum and the appointment of Michael T. Muzzi, AIA, AUA as design professionals. The project will remove the existing 35 year old roof over the existing coliseum to include the administrative office and ticket office areas. The estimated project budget is $1,295,750. The funds are available from the Bulldog Club and University Operation and Maintenance funds ($1,295,750). 18. UM – Approved the initiation of IHL 207-351 – Former Walmart Building Renovation and the appointment of the Facilities Planning Department, Ian Banner, AIA, Director of Facilities Planning and University Architect as the design professional. The project will consist of the work necessary to prepare approximately 40,000 square feet of the existing Former Walmart Building for future tenant infill. New HVAC, Plumbing, and Electrical Systems will be provided and new restrooms will be constructed to accommodate the occupation of this area. Approximately 7,615 square feet will be fully developed to accommodate the university Math lab and supporting spaces and 8,670 square feet will be partially completed to accommodate university functions that may require a larger open space. The project will include new furniture, minor demolition of existing interior space to accommodate the new work, general construction of metal stud walls & finishes, new HVAC systems, new plumbing, new electrical system, new telecommunications services, concrete walks and asphalt drives. The estimated project budget is $3,200,000. The funds are available from Internal R&R funds ($3,200,000). 19. UMMC – Approved the initiation of IHL 209-542 – Generator 12, 13, 14 Replacement and the appointment of Cooke Douglass Farr Lemons Architects and Engineers P.A. as design professionals. The project includes the removal of existing generators 12, 13, and 14 (originally installed in 1968 and 1980) from Acute Services Wing Sub-Basement areas and install two new modern, efficient, and environmentally compliant generators complete with new auto-transfer switching systems and updated fuel and service distribution systems. The two new units will be sized t handle the existing loads with appropriate space capacity for future loading and will be installed at a ground level location rather than below grade in the existing Mechanical Sub-Basement area. The estimated project budget is $3,500,000. The funds are available from Hospital Patient Revenue ($3,500,000). 20. MSU – Approved the request to increase the budget for GS 113-126 – Mech-Bost/Forest Products from $900,000 to $1,450,000 for an increase of $550,000. This is the first budget escalation request made for this project by the university. The project was initiated in September 2009. The lowest acceptable bid required a budget increase of $550,000 due to actual market value exceeding the professional’s last estimate. The additional funds will be provided by the Buareau of Building Energy Discretionary funds in the amount of $538,300. The project will address HVAC issues at the Bost Building and Forest Products Building #1, along with adding sprinkler systems to several buildings in the Forest Products complex. Energy management controls will also be added to the Bost Building and Forest Products Building #1. Funds are available from HB 1722, Laws of 2009 ($911,700) and HB 1701, Laws of 2010 BOB Energy Discretionary funds ($538,300).

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21. UMMC – Approved the request to increase the budget for IHL 209-540 – School of Dentistry Restorative Lab from $1,280,000 to $1,400,000 for an increase of $120,000. This is the first budget escalation request made for this project by the university. The project was initiated in February 2011. The lowest acceptable bid required a budget increase of $120,000 due to actual market value exceeding the professional’s last estimate. The additional funding is available from UMMC sources. The project includes the renovation of approximately 3,70 GSF of the existing School of Dentistry lab space. The existing Restorative Lab suite will be renovated and upgraded to provide a modern restorative lab design and will include lab casework, upgraded utilities, additional offices, and support space as well as a new digital simulation area and equipment. Funds are available from Hospital Patient Revenue ($785,600) and Tuition ($614,400). 22. MSU - Approved the request to lease approximately 6.65 acres of land located on the MSU campus to the Mississippi State University Bulldog Club, Inc. in order to construct a football practice facility on the property using MSU Bulldog Club funds . The lease will commence on August 1, 2011 and continue through the earlier of eighteen months or the date in which the improvements are completed, whichever occurs first. The MSU Bulldog Club, Inc. shall pay to the university good and valuable consideration which includes, but is not limited to, the construction of improvements on the premises by MSU Bulldog Club, Inc. at no cost or other expense to the university with a result that all improvements made to and on the premises shall be owned “free and clear” in fee simple by the university the date the lease terminates. The MSU Bulldog Club, Inc. shall have the option to extend the lease for an additional one year term on the same terms and conditions of the lease by providing notice to the university at any time more than 15 days before the expiration date of this lease. The lease which has been reviewed and approved by the Attorney General’s Office is on file at the Board Office. 23. UMMC – Approved the request to sole source the mechanical HVAC controls for IHL 209-540 - School of Dentistry Restorative Lab project to Johnson Controls System. The project will include the renovation of approximately 3,750 GSF of existing School of Dentistry lab space. The existing Restorative Lab suite will be renovated and upgraded to provide a modern restorative lab design and will include lab casework, upgraded utilities, additional offices, and support space as well as a new digital simulation area and equipment. The project budget is $1,280,000 ($20,000 estimated HVAC control systems). The funds are available from Hospital Patient Revenues ($665,600) and Tuition ($614,400).

LEGAL 24. UM – Approved the request to hire the law firm of Armstrong Teasdale Law Firm LLP as outside counsel to assist the university with engineering and physical sciences patent applications and related intellectual property issues. Armstrong Teasdale is based in St. Louis, Missouri, with offices in four other states. Its intellectual property practice group includes fifty attorneys. Erin Florek, a graduate of the University of Mississippi and a member of the firm’s intellectual property practice group, will be the primary attorney performing work for the university. Because Ms. Florek is an associate with a relatively low hourly rate ($175 per hour), the university believes transferring some of its patent prosecution work to Armstrong Teasdale will result in significant savings. Hourly rates range from $250-$375 for principals, from $175-$205 for associates, and $150 for paralegals. The term of the proposed contract is from July 1, 2011 to June 30, 2012, and total expenditures will not exceed $100,000. The Attorney General has approved this request. The Board authorized the university to execute an annual contract employing Armstrong Teasdale.

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25. UM – Approved the request to renew the contract for professional services with the law firm of Butler, Snow, O’Mara, Stevens & Cannada, PLLC (“Butler, Snow”) as outside counsel so that it may continue to assist the university with pharmaceutical patent applications, intellectual property issues, commercialization of intellectual property, and other commercial transactions. The firm’s blended hourly rate under the contract for all attorneys within designated practice areas are as follows: intellectual property/patent work: $225.00 per hour; commercial: $215.00 per hour; and $85.00 for all legal assistants. These rates are unchanged from last year and are competitive with or less than those charged by similarly qualified attorneys. The term of the proposed contract is from July 1, 2011 to June 30, 2012, and total expenditures will not exceed $100,000. The Attorney General has approved this request. The Board authorized the university to execute the contract extension employing Butler, Snow. 26. UM – Approved the request to renew the contract for professional services with the New York law firm of Hershkovitz & Associates, Law Firm LLC (“Hershkovitz”) as outside counsel so that Eugene Rzucidlo, an attorney practicing with Hershkovitz, may continue to assist the university with pharmaceutical and natural products patent applications and related intellectual property and commercialization issues. Mr. Rzucidlo is one of a few patent lawyers in the world who is also a natural products chemist. Mr. Rzucidlo’s hourly rate is $595 per hour, which is the same as we paid during the last contract period and is comparable to similarly qualified and experienced patent counsel. The term of the proposed contract is from July 1, 2011 to June 30, 2012, and total expenditures will not exceed $150,000. The Attorney General has approved this request. The Board also authorized the university to execute a contract employing Mr. Rzucidlo and the Hershkovitz firm. 27. UM – Approved the request to renew the contract with Stites & Harbison Law Firm as outside counsel so that it may continue to assist the university with pharmaceutical patent applications and intellectual property issues. Richard Myers, an alumnus of the university and a member of the IPT group, will be the primary attorney performing work for the university. Mr. Myers’ hourly rate is $310, with other professionals who may work on University matters billing between $135 (paralegal) and $320 per hour. These rates are less than the rates of similarly qualified patent attorneys. The term of the proposed contract is from July 1, 2011 to June 30, 2012, and total expenditures will not exceed $250,000. The Attorney General has approved this request. The Board authorized the university to execute an annual contract employing Stites & Harbison.

PERSONNEL REPORT

EMPLOYMENT

Alcorn State University Betty J. Roberts, Vice President for Administrative Affairs; salary $150,000 per annum, pro rata; E&G Funds; effective July 11, 2011

Jackson State University James C. Renick, Chief Administrative Advisor to the President for Special Initiatives; salary of $100,000 per annum, pro rata; E&G Funds; effective July 1, 2011

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Mississippi Valley State University • James Washburn, Vice President for Business and Finance/Chief Financial Officer, salary of $120,000 per annum, pro rata; E & G Funds; effective July 1, 2011 • Angela Getter, Vice President for University Advancement, salary of $100,000 per annum, pro rata; E & G Funds; effective July 1, 2011

Mississippi State University (hired with tenure) • Jason M. Keith, Professor and Director, Swalm School of Chemical Engineering, hired with tenure, salary of $175,000 per annum, pro rata; E&G Funds; effective August 1, 2011 • Christopher A. Snyder, Professor, History, hired with tenure, and Dean, Judy and Bobby Shackouls Honors College; salary of $140,000 per annum, pro rata; E&G Funds; effective August 1, 2011 • Thomas W. Miller, Jr., Professor, Finance and Economics, hired with tenure; salary of $165,000 per annum, pro rata; E&G Funds; effective August 16, 2011

Mississippi Valley State University (hired with tenure) Anthony Johnson, Dean of the College of Professional Studies and Education, hired with tenure, salary of $95,000 per annum, pro rata; E & G Funds; effective July 1, 2011

Alcorn State University Rehired Retiree making more than $20,000 who is NOT on contract during Fiscal Year 2011 Malvin A. Williams, Sr., former position: Interim President; re-employment position: Interim Intercollegiate Athletics Director: re-employment period: May 11, 2011 through June 30, 2011; prorated salary of $50,000

Mississippi State University Rehired Retirees making more than $20,000 who are NOT on contracts during Fiscal Year 2011 • Robert Brook, former position: Head, Computer Applications; re-employment position: Director; re-employment period: May 04, 2011 through June 30, 2011; salary of $55,000 • Brenda Cherry, former position: Purchasing Supervisor; re-employment position: Business Coordinator; re-employment period: May 04, 2011 through June 30, 2011; salary of $21,399 • George Reed, former position: Associate Athletic Director; re-engaged position: Associate Athletic Director; re-engagement period: July 01, 2010 through June 30, 2011; salary of $46,512

IHL Executive Office Rehired Retirees making more than $20,000 who are NOT on contracts during Fiscal Year 2012 • Ray Bailey, former position: Superintendent Building and Grounds; re-employed position: Superintendent Building and Grounds; re-employment period: July 1, 2011 through June 30, 2012; salary of $30,775 • Zeleder Barnes, former position: Teacher Harrison County Schools; re-employed position: GEAR UP MS College Coach; re-employment period: July 1, 2011 through June 30, 2012; salary of $31,200 (externally funded grant position) • Lewis W. Carlisle, former position: Director of Technology Rankin County Schools; re-employed position: Project Manager/System Analyst (MS Office of State Financial Aid); re-employment period: July 1, 2011 through June 30, 2012; salary of $24,960

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• William Chambers, former position: Principal Leake County Schools; re-employed position: GEAR UP MS College Coach; re-employment period: July 1, 2011 through June 30, 2012; salary of $31,200 (externally funded grant position) • Brenda Chaney, former position: Counselor Newton County Schools; re-employed position: GEAR UP MS College Coach; re-employment period: July 1, 2011 through June 30, 2012; salary of $31, 200 (externally funded grant position) • Benjamin Esquibel, former position: Principal Pascagoula Public Schools; re-employed position: GEAR UP MS College Coach; re-employment period: July 1, 2011 through June 30, 2012; salary of $31, 200 (externally funded grant position) • Christine Guillotte, former position: Director Purchasing and Property; re-employed position: Director Purchasing and Property; re-employment period: July 1, 2011 through June 30, 2012; salary of $22,575 • Michael D. Haynie, former position: Headmaster Oxford University School; re-employed position: GEAR UP MS College Coach; re-employment period: July 1, 2011 through June 30, 2012; salary of $31, 200 (externally funded grant position) • Shirley King, former position: Literacy Coach Jackson Public Schools; re-employed position: GEAR UP MS College Coach; re-employment period: July 1, 2011 through June 30, 2012; salary of $31, 200 (externally funded grant position) • Rebecca Marble, former position: Principal Leake County Schools; re-employed position: GEAR UP MS College Coach; re-employment period: July 1, 2011 through June 30, 2012; salary of $31, 200 (externally funded grant position) • Shirley Nichols, former position: Assistant Superintendent Leake County School District; re- employed position: GEAR UP MS College Coach; re-employment period: July 1, 2011 through June 30, 2012; salary of $31, 200 (externally funded grant position) • Rita Noullet, former position: Teacher Harrison County School District; re-employed position: GEAR UP MS College Coach; re-employment period: July 1, 2011 through June 30, 2012; salary of $31, 200 (externally funded grant position) • Peggy Orey, former position: Literacy Director Jackson Public Schools; re-employed position: GEAR UP MS College Coach; re-employment period: July 1, 2011 through June 30, 2012; salary of $31, 200 (externally funded grant position) • Ethel Woodley, former position: Teacher North Bolivar School District; re-employed position: GEAR UP MS College Coach; re-employment period: July 1, 2011 through June 30, 2012; salary of $31, 200 (externally funded grant position)

Mississippi University for Women Rehired Retiree making more than $20,000 who is ON contract during Fiscal Year 2012 Bob Fuller, former position – Principal of Armstrong Middle School in Starkville, MS; re-employment position – Assistant Professor of Education; re-employment period – FY 12; salary of $25,000

CHANGE OF STATUS

Jackson State University Marcus Chanay, from Associate Vice President for Student Life; salary of $100,000 per annum, pro rata; E&G Funds; to Vice President for Student Life; salary of $120,000 per annum, pro rata; E&G Funds; effective July 1, 2011

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Mississippi Valley State University • Jerald Adley, from Chief of Staff; salary of $110,000 per annum, pro rata; to Vice President of Student Affairs, Enrollment Management, and Diversity, salary of $120,000 per annum, pro rata; E&G Funds; effective July 1, 2011 • Curressia Brown, from Interim Dean of the College of Professional Studies and Education; salary of $75,000 per annum, pro rata; E&G Funds; to Dean of the Graduate College, salary of $90,000 per annum, pro rata; E&G Funds; effective July 1, 2011 • Rickey Hill, from Dean of the Graduate College; salary of $97,855 per annum, pro rata; E&G Funds; to Professor of Political Science, Department of Social Science; salary of $78,284 per annum, pro rata; E&G Funds; effective August 15, 2011 • Hareshnarayan Khanna, from Part-time Vice President for Business and Finance/Chief Financial Officer; salary of $29,814 per annum, pro rata; E&G Funds; to effective July 1, 2011 through July 15, 2011, Part-time Business and Finance Special Projects Officer; salary of $14,907, per annum, pro rata; E&G Funds (Dr. Khanna will be assisting the new CFO, Mr. Washburn, during a two-week transitional period. Dr. Khanna will terminate effective July 15, 2011-see terminations.) • Tazinski Lee, from Interim Dean of the College of Arts and Sciences to Dean, salary of $90,000 per annum, pro rata; E&G Funds; to Dean of the College of Arts and Sciences, salary of $95,626 per annum, pro rata; E&G Funds; effective July 1, 2011 • Johnny Jones, from Vice President of Student Affairs, salary of $120,000 per annum, pro rata; E&G Funds; to faculty in the Health Physical Education and Recreation, salary of $46,500 per annum, pro rata; E&G Funds; effective August 15, 2011

University of Southern Mississippi Steven Moser; from Senior Associate Dean, College of Arts and Letters and Professor, School of Music, salary of $106,585 per annum, pro rata; E&G Funds; to Interim Dean, College of Arts and Letters and Professor, School of Music, salary of $137,500 per annum, pro rata; E&G Funds; effective July 1, 2011

EMERITUS STATUS

Alcorn State University Dr. Thomas D. Bolden in recognition of his years of outstanding contributions to the university in teaching, research and service. He retired as Professor of Chemistry and Physics in June 2009.

SABBATICAL

Delta State University DSU requested a correction related to this item which was initially submitted as professional leave without pay, when it should be with pay for the period noted. Joe Abide, Associate Professor of Art, College of Arts and Sciences; from salary of $51,575 per nine months; E&G Funds; to professional leave with pay; effective August 1, 2011 through December 31, 2011; professional development

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TERMINATION

Mississippi Valley State University Hareshnarayan Khanna, Part-time Business and Finance Special Projects Officer; effective July 15, 2011

ADMINISTRATION/POLICY 28. System - Approved the following individuals to serve on the Mississippi University Research Authority (MURA) in accordance with the Mississippi University Research Authority Act. By virtue of the Act, the following are MURA Members: Vice President of the Board of Trustees – Ed Blakeslee Executive Director of the Mississippi Development Authority – Mr. Leland Speed or his Designee President of the Mississippi Resource Development Corporation – Dr. Jim Borsig Ex-Officio Commissioner of Higher Education – Dr. Hank M. Bounds

By virtue of the Act, the following are to be appointed by the Board from among the Chief Research Officers of the eight institutions as MURA members:

Dr. David R. Shaw Vice President for Research & Economic Development Mississippi State University

Dr. Felix Okojie Vice President for Research and Federal Relations Jackson State University

Dr. Alice M. Clark Vice Chancellor for Research and Sponsored Programs University of Mississippi

Dr. Denis Wiesenburg Vice President for Research University of Southern Mississippi

Appointments are effective July 1, 2011 through June 30, 2012.

BUDGET AGENDA Presented by Trustee Aubrey Patterson, Chair

On motion by Trustee Patterson, seconded by Trustee Davidson, with Trustees Pickering and Whitten absent and not voting, all Trustees legally present and participating voted unanimously to approve agenda items #1 - #12 on the following Budget Agenda. On motion by Trustee Patterson, seconded by Trustee Davidson, with Trustees Pickering and Whitten absent and not voting, all Trustees legally present and participating voted unanimously to approve agenda item #13. On motion by Trustee Patterson, seconded by Trustee Blakeslee, with Trustees Pickering and Whitten absent and not voting, all Trustees legally present and participating voted unanimously to approve agenda item #14. 1. ASU – Approved the request to waive the annual audit requirement applicable to three IHL approved affiliation entities for the fiscal year ending June 30, 2011. The affiliated entities are ASU National Alumni Association Foundation, Inc., ASU National Alumni Association, and ASU "A" Club. Board Policy 301.0806 University Foundation/Affiliated Entity Agreements requires annual

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audits for affiliated entities. At the request of the Entity, the IEO of the university, with approval of the IHL Board may grant to waive the requirements of the audit by a CPA firm on showing of adequate grounds. Such request for a waiver must also be accompanied by the most recent audited financial statement. The three ASU affiliated entities requested waivers based on cost of audits placing a financial burden on the organizations and the fact that the entities do not believe their fiscal year statements will be materially different than the prior year. Although some financial information was received, no audited financial statements have been received from the three entities for either FY 2009 or FY 2010. 2. JSU – Approved the request to enter into a professional services agreement with Aramark Educational Services, LLC (Aramark) to provide dining and catering management services for its food service operations. The contract length is ten years – July 1, 2011 through June 30, 2021. This revenue contract is projected to generate $23,982,919 over the ten- year life of the contract. The revenue elements are $3,110,000 from facility investments, $5,247,030 from sales commissions, $12 million rental income, and $3,625,889 in other incentives. Other incentives include: Dining Sponsorship Catering $100,000, Scholarships $50,000, Maintenance Fund $377,337, Utilities Funds, $1,886,683, Presidential Catering $500,000, Small Expendable Equipment Replacement $100,000, Marketing Support Fund $80,000 Point of Sale and Maintenance Fund $306,869 which includes a $5,000 one-time technology investment in the first year, and $225,000 Brand Refresh Fund. The agreement which has been reviewed and approved by the Attorney General’s Office is on file at the Board Office. 3. MSU – Approved the request to amend an original agreement with ARAMARK Educational Services, LLC and to enter a related agreement with Panda Express, Inc. The purpose of these agreements is to secure additional investments to increase meal service capacity and meal service diversity in Perry Cafeteria and Colvard Student Union Food Court. The ARAMARK amendment and the Panda agreement will begin upon their signing after Board approval. The ARAMARK amendment will end concurrent with the existing Food Services Management Agreement on June 30, 2017. The Panda agreement will end on March 31, 2017. This revenue contract is projected to generate an additional $980,523 over the remaining six years of the original life of the contract. The revenues elements are $170,523 in additional sales commissions and $810,000 in facilities and equipment investments. No other incentives are included within this contract amendment. The agreement which has been reviewed and approved by the Attorney General’s Office is on file at the Board Office. 4. MSU - Approved Watkins Ludlam Winter & Stennis, P.A. as the bond counsel, Morgan Keegan as the lead underwriter, and the bond resolution authorizing the Mississippi State University Educational Building Corporation (MSU EBC) to issue bonds for a new residence hall. The purpose of this resolution is the constructing, furnishing, and equipping of a new residence hall, demolishing existing facilities, and refinancing Revenue Bond Series 2001 up to a maximum of $58 million. Funds are available from the Education Building Corporation revenues. The Attorney General’s Office has approved the bond resolution. 5. MVSU – Approved amendment three to the existing food services agreement with Thompson Hospitality Services, LLC (THS). The previous amendments extended the contract dates. The current agreement is scheduled to expire on June 30, 2015. Amendment three changes the terms of the current contract to include a planned financial investment by the vendor, the establishment of a fund for repairs and maintenance, additional catering allowances by the vendor, and a new pricing schedule and will extend the current agreement an additional six years – July 1, 2011 through June

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30, 2021. Although this is a fixed cost contract for food purchases, MVSU expects to also generate revenues to include $3,480,000 (inflation adjusted) over the 10 year life. The vendor agreed to make initial investment of $2,100,000, during FY 2012, in facilities and equipment. Additional annual incentives include: (1) $70,000 catering allowance for Special Events, (2) $75,000 for repair and maintenance fund, and (3) $25,000 for student scholarships. These amounts will be adjusted for inflation. Total food service revenues generated in excess of cost of meals paid to the vendor are expected to be just under $3.8 million over the life of the contract. Additionally, the unamortized balance from prior facilities investments of $230,000 has been waived by Thompson. The contract will be funded using revenues from student meal plans and daily commuters such as students, faculty, staff, and visitors. The Board approved a 14.4% rate increase for the institution’s FY 2012 meal plans (equating to $1,400 per semester, per student). Financial analysis indicates that these approved meal plan rates will be sufficient to fund the daily rates for ARAMARK services. The agreement which has been reviewed and approved by the Attorney General’s Office is on file at the Board Office. 6. UM –Approved the resolution authorizing the University of Mississippi Educational Building Corporation (UM EBC) to issue up to a maximum aggregate principal amount of $38 million of fixed rate bonds to partially finance construction of a new residence hall. The Board approved the initiation of the project (IHL 207-345) in November 2010 at an estimated total cost of $32 million. At its April 2011 meeting, the Board approved an escalation of the total project budget to $39,314,500 and named the professional team of Butler, Snow, O’Mara, & Cannada, PLLC as bond counsel, Morgan Keegan as the lead underwriter, and Stephens and Edward Jones as underwriting co-manager. Of the $39,314,500 total project cost, $38 million will be funded via the bond issue with the remaining $1,314,500 being funded with “self-generated” funds including student housing R&R reserves and contributions from the university food service partner. The Attorney General’s Office approved the bond resolution. 7. UM – Approved the request to escalate the On-Campus Education and General budget and approved the spending authority as shown below. The escalation is requested to increase scholarship costs due to greater than anticipated enrollment. The On Campus budget was originally escalated by the Board at the March 2011 meeting. The budget increase will be funded through tuition revenue. Revised FY 2011 Revision/ New Revised FY Category Budget 1 Escalation 2011 Budget Salaries $ 86,835,612 $ - $ 86,835,612 Wages 22,223,805 - 22,223,805 Fringe Benefits 40,407,253 - 40,407,253 Total Salaries, Wages, & Fringe Benefits 149,466,670 - 149,466,670 Travel and Subsistence 1,636,689 - 1,636,689 Contractual Services 39,885,582 3,502,910 43,388,492 Commodities 5,575,581 - 5,575,581 Capital Outlay: -

Non Equipment 4,045,477 - 4,045,477 Equipment 2,870,310 - 2,870,310 Total Capital Outlay 6,915,787 - 6,915,787 Transfers -

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Mandatory Transfers 1,111,067 - 1,111,067 Non-Mandatory Transfers 5,595,309 - 5,595,309 Total Transfers 6,706,376 - 6,706,376 Total Off Campus Budget $ 210,186,685 $ 3,502,910 $ 213,689,595 1 As approved by the Board at the March 2011 meeting. 8. UM - Approved the request to escalate the Off-Campus Education and General budget and approved the spending authority as shown below. The escalation is requested to increase operating and personnel costs due to greater than anticipated enrollment. The Off Campus budget was originally escalated by the Board at the March 2011 meeting. The budget increase will be funded through tuition revenue.

Revised FY 2011 Revision/ New Revised FY Category Budget1 Escalation 2011 Budget Salaries $ 5,101,159 $ 292,308 $ 5,393,467 Wages 784,050 - 784,050 Fringe Benefits 1,763,952 87,692 1,851,644 Total Salaries, Wages, & Fringe Benefits 7,649,161 380,000 8,029,161 Travel and Subsistence 102,779 - 102,779 Contractual Services 1,463,458 100,000 1,563,458 Commodities 239,604 - 239,604 Capital Outlay: - Non Equipment - - - Equipment 158,582 - 158,582 Total Capital Outlay 158,582 - 158,582 Transfers - Mandatory Transfers 103,484 - 103,484 Non-Mandatory Transfers 131,094 - 131,094 Total Transfers 234,578 - 234,578 Total Off Campus Budget $ 9,848,162 $480,000 $ 10,328,162 1As approved by the Board at the March 2011 Board meeting. 9. UM – Approved the request to amend the professional services agreement with Aramark Educational Services, LLC. (Aramark). During fiscal year 2011, UM experienced a 20 percent growth in their freshman class and an increase in the overall student body in excess of 7 percent. This has resulted in difficulty being able to accommodate the dining needs of students during peak dining hours. This amendment provides financial investment by the vendor along with a new guaranteed sales commission structure. In exchange, UM will extend the current agreement an additional nine years – July 1, 2011 through June 30, 2021. The total value of this ten-year contract is $27,138,000 with estimated commissions of $19,707,000. The contract will also include $1,485,000 in capital investment dollars, $5,000,000 in enhanced commission payments which will be use for renovations, $750,000 in brand re-fresh dollars, and $196,000 of in-kind catering services.

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The agreement which has been reviewed and approved by the Attorney General’s Office is on file at the Board Office. 10. UM - Approved the request to amend the professional services agreement with Barnes and Noble College Booksellers, LLC (B&N) to operate and provide services for the bookstore on campus. B&N is currently the institution's exclusive buyer and seller of all required, recommended, or suggested course materials and supplies, including books, course packs, computer software, textbook rentals, and materials published or distributed electronically. This exclusive right includes all educational supplies, notebooks, stationery, desk and room accessories, etc. The contract renewal period is ten years in length –December 15, 2011 through December 14, 2021. There is an option to renew for an additional five years, subject to mutual agreement. The total value of this ten-year revenue contract is $7,020,000. The university will receive commission revenue of $620,000 in the first year along with a signing bonus of $250,000 and renovation dollars of $500,000 for a total first year of revenues of $1,370,000. The other nine years the university will receive commissions from the contract which are estimated at approximately $620,000 per year. In addition, the institution will receive $70,000 from B&N for textbook scholarships over the ten years of the agreement. The agreement which has been reviewed and approved by the Attorney General’s Office is on file at the Board Office. 11. USM – Approved the request to amend its professional services agreement with Barnes and Noble College Booksellers, LLC (B&N) to outsource the operation of the bookstore on campus. The amendment changes certain terms from the original contract to include an additional financial investment by the vendor, initiation of a textbook rental system, and additional financial incentives to the institution. This amendment will extend the current contract an additional five years through June 30, 2019. This revenue contract is projected to generate $7,759,000 over the revised length of the contract. The revenue elements include $6 million in estimated sales commissions, $500,000 in facilities and equipment investments, and $1,259,000 in other incentives. Other incentives include: $100,000 technology investment, $400,000 Student Textbook Scholarships, $400,000 of Student Retention Payments, $130,000 in Utilities Payments, $104,000 in Marketing and Promotions Payments, $80,000 in Alumni Affinity Program Payments to be paid to the USM Alumni Association, $20,000 in Foundation Fund Payments, and $25,000 in Education Fund Payments. The agreement which has been reviewed and approved by the Attorney General’s Office is on file at the Board Office. 12. System – Approved the request to renew the automobile insurance coverage with Union Standard Insurance Company and American Empire Surplus Lines Insurance Company for the system. The contract insures the system automobile liability exposure in the most cost-effective method. The insurance policy is for three years - July 1, 2011 to July 1, 2014. To limit its exposure, the IHL Tort Plan currently purchases liability insurance coverage of $500,000 in-state and $5,000,000 out-of- state through Union Standard Insurance Company and American Empire Surplus Lines Insurance Company. The quoted rate of $295.55 per vehicle has remained the same since July 1, 2009. Based on the current number of vehicles, the premium quoted by Union Standard for FY 2012 is $505,391. The current premium is $506,277. The current quoted rate per vehicle is subject to a three-year

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guarantee by Union Standard Insurance Company contingent on loss ratio. The premium quoted by American Empire Surplus Lines Insurance Company for FY 2012 is $121,972.50, which is the same amount as the current premium. The universities are billed directly for their share of the premium. 13. System – Approved the Fiscal Year 2012 Operating Budgets of $3.5 billion for the institutions, their separately budgeted units, UMMC and the Executive Office. (See Exhibits 1 - 8.) 14. System – Approved the Fiscal Year 2013 Legislative Budget Request (LBR). (See Exhibit 9.)

REAL ESTATE AGENDA Presented by Trustee Scott Ross, Chair

On motion by Trustee Ross, seconded by Trustee Neely, with Trustees Pickering and Whitten absent and not voting, all Trustees legally present and participating voted unanimously to approve agenda items #1 - #3 as submitted on the following Real Estate Agenda. 1. UMMC - Approved the initiation of GS 109-210 - School of Medicine and the appointment of Cooke Douglass Farr Lemons + Eley & Associates, A Joint Venture, as design professionals who were selected from a short list of three architectural firms and interviewed by the Bureau of Building. The project will include planning and construction of a new 138,000 GSF classroom building to house the School of Medicine. The facility will include lecture halls, classrooms, clinical skills area, training center, teaching labs, offices and student support spaces. The proposed location is immediately north of and connected to, the existing Learning Resources Center. It is anticipated that the proposed project site will require substantial realignment of campus roadways, utilities, and infrastructure to accommodate the new building. The initial project budget is expected to be expanded in subsequent funding cycles to complete the project. The current estimate of total costs is $65,000,000 for the School of Medicine. In order to maintain continued progress with current funds, phased construction may be a project consideration. Funds in the amount of $4,500,000 are presently available from state bond funds and Bureau of Building (SB 3100, Laws of 2011) to begin the design process and proceed through the construction document phase. Subsequent funding will come from future bond funds and/or UMMC sources. 2. JSU - Approved the request to take all necessary actions and execute all documents on advice of counsel to accomplish the transactions and conveyances contemplated to fulfill the provisions of HB 1158, Laws of 2011. The Mississippi Legislature passed HB 1158 in the 2011 Legislative Session which was signed by the Governor on March 16, 2011. HB 1158 deals with “real property located in Hinds County, Mississippi, generally known as the ‘Mississippi Veterans Memorial Stadium Property’, under the jurisdiction of the Department of Finance and Administration as of July 1, 2008 , and any other state-owned property located in the area bounded on the north by Taylor Street, on the west by North West Street, on the south by Woodrow Wilson Avenue and on the east by North State Street used as part of or in connection with the Mississippi Veterans Memorial Stadium.” Under the bill, the stadium property goes to JSU and the surrounding property goes to UMMC. The

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remainder of the Mississippi Veterans Memorial Stadium property shall be transferred from the Department of Finance and Administration (DFA) to JSU, until such time as JSU relocates its home football games to another venue. At the time of relocation by JSU of its home football games, the portion of Mississippi Veteran’s Memorial Stadium property conveyed to JSU under HB 1158, Laws of 2011 shall be transferred to the University of Mississippi Medical Center. JSU is working with DFA to do all such actions necessary to deal with the current lease holders and to clear title to the property. 3. UMMC - Approved the request to take all necessary actions and execute all documents on advice of counsel to accomplish the transactions and conveyances contemplated to fulfill the provisions of HB 1158, Laws of 2011. The Mississippi Legislature passed HB 1158 in the 2011 Legislative Session which was signed by the Governor on March 16, 2011. HB 1158 deals with “real property located in Hinds County, Mississippi, generally known as the ‘Mississippi Veterans Memorial Stadium Property’, being any property under the jurisdiction of the Department of Finance and Administration as of July 1, 2008 , and any other state-owned property located in the area bounded on the north by Taylor Street, on the west by North West Street, on the south by Woodrow Wilson Avenue and on the east by North State Street used as part of or in connection with the Mississippi Veterans Memorial Stadium.” Under the bill, the stadium property goes to Jackson State University (JSU) and the surrounding property goes to UMMC. The university is working with DFA to do all such actions necessary to deal with the current lease holders and to clear title to the property. UMMC will use the property for future campus expansion.

LEGAL AGENDA Presented by Mr. Alan Perry, Chair

On motion by Trustee Perry, seconded by Trustee Rouse, with Trustees Pickering and Whitten absent and not voting, all Trustees legally present and participating voted unanimously to move agenda item #2 to the Executive Session Agenda. On motion by Trustee Perry, seconded by Trustee Ross, with Trustees Pickering and Whitten absent and not voting, all Trustees legally present and participating voted unanimously to approve agenda item #1 as submitted on the following Legal Agenda. 1. JSU - Approved the proposed affiliation agreement between JSU and the Mississippi e-Center Foundation. The proposed affiliation agreement meets the requirements of Board policy 301.0806 University Foundation/Affiliated Entity Activities. A copy of the agreement is included in the bound June 16, 2011 Board Working File. 2. System - Request to settle the IHL Self-Insured Workers’ Compensation Claim Number 875167. (THIS ITEM WAS MOVED TO THE EXECUTIVE SESSION AGENDA.)

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INFORMATION AGENDAS Presented by Commissioner Hank M. Bounds

REAL ESTATE 1. System - The Board received the Real Estate items that were approved by the Board staff subsequent to the May 19, 2011 Board meeting in accordance with Board Policy 904 Board Approval. (See Exhibit 10.)

LEGAL 2. System - The Board received a report of the payment of legal fees to outside counsel. (See Exhibit 11.)

ADMINISTRATION/POLICY 3. System - The following items have been approved by the Commissioner on behalf of the Board and are available for inspection in the Board Office. a. MSU – In compliance with Board Policy 707.01 Land, Property and Service Contracts, the Commissioner has the authority “to approve non-oil, gas and mineral leases in an amount equal to or less than $100,000.” On May 10, 2011, the Commissioner approved the request for the MSU Mississippi Child Care Resource & Referral Network to lease office space from Stephen J. Rosenthal. The office space is located in Indianola, MS. The lease agreement will expire on April 30, 2012. MSU has the option to extend the agreement an additional 24 months with a small increase in the monthly lease terms. MSU will pay the vendor $500 per month for one unit of office space. This equates to $6,000 of lease cost to the university for the first 12 month term, with an additional $13,200 in lease fees if the 24-month option is exercised. In addition to these lease costs, the university will be responsible for all utilities, including telephone and internet services. The Executive Office legal staff have reviewed and approved the contract documents. b. UM – In compliance with Board Policy 701.06 Budget Escalations and Revisions, “all revisions to the annual budgets which do not increase the total amount of the budgets must be approved by the Commissioner prior to implementation and subsequently reported to the Board.” On May 20, 2011, the Commissioner approved the budget revisions to the Mississippi Center for Supercomputing Research and the Center for Manufacturing Excellence. These budget revisions contain no increases in the total budgets but rather reallocations among individual expense categories c. USM – On June 1, 2011, the Commissioner approved the 2011-2012 Traffic and Parking Regulations in accordance with Board Policy 1107 Enactment of Traffic Rules and Regulations.

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4. System - The following standing committees were appointed by Board President Robin Robinson. Academic Affairs Legal 1. Doug Rouse, Chair 1. Alan Perry, Chair 2. Ed Blakeslee 2. Ed Blakeslee 3. Stacy Davidson 3. Aubrey Patterson 4. Bettye Neely 4. Scott Ross 5. Christy Pickering 5. Amy Whitten 6. C. D. Smith Budget Real Estate 1. Aubrey Patterson, Chair 1. Scott Ross, Chair 2. Stacy Davidson 2. Bettye Neely 3. Bob Owens 3. Bob Owens 4. Alan Perry 4. Doug Rouse 5. Christy Pickering 5. C. D. Smith 6. Amy Whitten

*The President is an Ex-Officio member of all committees.

EXECUTIVE SESSION

On motion by Trustee Perry, with Trustees Pickering and Whitten absent and not voting, all Trustees legally present and participating voted unanimously to close the meeting to determine whether or not it should declare an Executive Session. On motion by Trustee Perry, seconded by Trustee Smith, with Trustees Pickering and Whitten absent and not voting, all Trustees legally present and participating voted unanimously to go into Executive Session for the reason reported to the public and stated in these minutes, as follows:

Discussion of a litigation matter at Mississippi State University.

During Executive Session, the following matter was discussed and/or voted upon:

On motion by Trustee Blakeslee, seconded by Trustee Patterson, with Trustees Pickering and Whitten absent and not voting, all Trustees legally present and participating voted unanimously to approve the settlement of the Workers’ Compensation Claim Number 875167 case styled, Maggie Patrick vs. MSU, et al., as recommended by legal counsel.

On motion by Trustee Perry, seconded by Trustee Davidson, with Trustees Pickering and Whitten absent and not voting, all Trustees legally present and participating voted unanimously to return to Open Session.

20 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING June 16, 2011

BUDGET COMMITTEE MEETING REPORT June 10, 2011

The Budget Committee teleconference meeting was called to order at 1:30 p.m. on June 10, 2011 by Chairman Aubrey Patterson. In accordance with Miss. Code Ann., §25-41-5, as amended, all votes taken during this teleconference meeting were recorded by name in a roll-call fashion. On motion by Trustee Perry, seconded by Trustee Davidson, with Trustees Pickering and Whitten absent and not voting, all Budget Committee members legally present and participating voted unanimously to approve items #1 - #12 as shown below. 1. ASU – Approved the request for a waiver of the annual audit requirement applicable to three IHL approved affiliation entities for the fiscal year ending June 30, 2011. The affiliated entities are ASU National Alumni Association Foundation, Inc., ASU National Alumni Association, and ASU "A" Club. Board Policy 301.0806, University Foundation/Affiliated Entity Agreements, requires annual audits for affiliated entities. At the request of the Entity, the IEO of the university, with approval of the IHL Board may grant to waive the requirements of the audit by a CPA firm on showing of adequate grounds. Such request for a waiver must also be accompanied by the most recent audited financial statement. The three ASU affiliated entities requested waivers based on cost of audits placing a financial burden on the organizations and the fact that the entities do not believe their fiscal year statements will be materially different than the prior year. Although some financial information was received, no audited financial statements have been received from the three entities for either FY 2009 or FY 2010. 2. JSU – Approved the request to enter into a professional services agreement with Aramark Educational Services, LLC (Aramark) to provide dining and catering management services for its food service operations. The contract length is ten years – July 1, 2011 through June 30, 2021. This revenue contract is projected to generate $23,982,919 over the ten- year life of the contract. The revenue elements are $3,110,000 from facility investments, $5,247,030 from sales commissions, $12 million rental income, and $3,625,889 in other incentives. Other incentives include: Dining Sponsorship Catering $100,000, Scholarships $50,000, Maintenance Fund $377,337, Utilities Funds, $1,886,683, Presidential Catering $500,000, Small Expendable Equipment Replacement $100,000, Marketing Support Fund $80,000 Point of Sale and Maintenance Fund $306,869 (which includes a $5,000 one-time technology investment in the first year, and $225,000 Brand Refresh Fund. The agreement which has been reviewed and approved by the Attorney General’s Office is on file at the Board Office. 3. MSU – Approved the request to amend an original agreement with ARAMARK Educational Services, LLC and to enter a related agreement with Panda Express, Inc. The purpose of these agreements is to secure additional investments to increase meal service capacity and meal service diversity in Perry Cafeteria and Colvard Student Union Food Court. The ARAMARK amendment and the Panda agreement will begin upon their signing after Board approval. The ARAMARK

21 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING June 16, 2011

amendment will end concurrent with the existing Food Services Management Agreement on June 30, 2017. The Panda agreement will end on March 31, 2017. This revenue contract is projected to generate an additional $980,523 over the remaining six years of the original life of the contract. The revenues elements are $170,523 in additional sales commissions and $810,000 in facilities and equipment investments. No other incentives are included within this contract amendment. The agreement which has been reviewed and approved by the Attorney General’s Office is on file at the Board Office. 4. MSU - Approved the bond counsel, lead underwriter, and the bond resolution authorizing the Mississippi State University Educational Building Corporation (MSU EBC) to issue bonds for a new residence hall. Bond counsel is Watkins Ludlam Winter & Stennis, P.A. and the lead underwriter is Morgan Keegan. The purpose of this resolution is the constructing, furnishing, and equipping of a new residence hall, demolishing existing facilities, and refinancing Revenue Bond Series 2001 up to a maximum of $58 million. The bonds will not exceed $58 million. Funds are available from the Education Building Corporation revenues. The Attorney General’s Office has approved the bond resolution. 5. MVSU – Approved amendment three to the existing food services agreement with Thompson Hospitality Services, LLC (THS). The previous amendments extended the contract dates. The current agreement is scheduled to expire on June 30, 2015. Amendment three changes the terms of the current contract to include a planned financial investment by the vendor, the establishment of a fund for repairs and maintenance, additional catering allowances by the vendor, and a new pricing schedule and will extend the current agreement an additional six years – July 1, 2011 through June 30, 2021. Although this is a fixed cost contract for food purchases, MVSU expects to also generate revenues to include $3,480,000 (inflation adjusted) over the 10 year life. The vendor agreed to make initial investment of $2,100,000, during FY 2012, in facilities and equipment. Additional annual incentives include: (1) $70,000 catering allowance for Special Events, (2) $75,000 for repair and maintenance fund, and (3) $25,000 for student scholarships. These amounts will be adjusted for inflation. Total food service revenues generated in excess of cost of meals paid to the vendor are expected to be just under $3.8 million over the life of the contract. Additionally, the unamortized balance from prior facilities investments of $230,000 has been waived by Thompson. The contract will be funded using revenues from student meal plans and daily commuters such as students, faculty, staff, and visitors. The Board approved a 14.4% rate increase for the institution’s FY 2012 meal plans (equating to $1,400 per semester, per student). Financial analysis indicates that these approved meal plan rates will be sufficient to fund the daily rates for ARAMARK services. The agreement which has been reviewed and approved by the Attorney General’s Office is on file at the Board Office. 6. UM –Approved the resolution authorizing the University of Mississippi Educational Building Corporation (UM EBC) to issue up to a maximum aggregate principal amount of $38 million of fixed rate bonds to partially finance construction of a new residence hall. The Board approved the initiation of the project (IHL 207-345) in November 2010 at an estimated total cost of $32 million. At its April 2011 meeting, the Board approved an escalation of the total project budget to

22 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING June 16, 2011

$39,314,500 and named the professional team of Butler, Snow, O’Mara, & Cannada, PLLC as bond counsel, Morgan Keegan as the lead underwriter, and Stephens and Edward Jones as underwriting co-manager. Of the $39,314,500 total project cost, $38 million will be funded via the bond issue with the remaining $1,314,500 being funded with “self-generated” funds including student housing R&R reserves and contributions from the university food service partner. The Attorney General’s Office approved the bond resolution. 7. UM – Approved the request to escalate the On-Campus Education and General budget and approved the spending authority as shown below. The escalation is requested to increase scholarship costs due to greater than anticipated enrollment. The On Campus budget was originally escalated by the Board at the March 2011 meeting. The budget increase will be funded through tuition revenue. Revised FY 2011 Revision/ New Revised FY Category Budget 1 Escalation 2011 Budget Salaries $ 86,835,612 $ - $ 86,835,612 Wages 22,223,805 - 22,223,805 Fringe Benefits 40,407,253 - 40,407,253 Total Salaries, Wages, & Fringe Benefits 149,466,670 - 149,466,670 Travel and Subsistence 1,636,689 - 1,636,689 Contractual Services 39,885,582 3,502,910 43,388,492 Commodities 5,575,581 - 5,575,581 Capital Outlay: -

Non Equipment 4,045,477 - 4,045,477 Equipment 2,870,310 - 2,870,310 Total Capital Outlay 6,915,787 - 6,915,787 Transfers - Mandatory Transfers 1,111,067 - 1,111,067 Non-Mandatory Transfers 5,595,309 - 5,595,309 Total Transfers 6,706,376 - 6,706,376 Total Off Campus Budget $ 210,186,685 $ 3,502,910 $ 213,689,595 1 As approved by the Board at the March 2011 meeting. 8. UM - Approved the request to escalate the Off-Campus Education and General budget and approved the spending authority as shown below. The escalation is requested to increase operating and personnel costs due to greater than anticipated enrollment. The Off Campus budget was originally escalated by the Board at the March 2011 meeting. The budget increase will be funded through tuition revenue.

Revised FY 2011 Revision/ New Revised FY Category Budget1 Escalation 2011 Budget Salaries $ 5,101,159 $ 292,308 $ 5,393,467 Wages 784,050 - 784,050 Fringe Benefits 1,763,952 87,692 1,851,644 Total Salaries, Wages, & Fringe Benefits 7,649,161 380,000 8,029,161 23 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING June 16, 2011

Travel and Subsistence 102,779 - 102,779 Contractual Services 1,463,458 100,000 1,563,458 Commodities 239,604 - 239,604 Capital Outlay: - Non Equipment - - - Equipment 158,582 - 158,582 Total Capital Outlay 158,582 - 158,582 Transfers - Mandatory Transfers 103,484 - 103,484 Non-Mandatory Transfers 131,094 - 131,094 Total Transfers 234,578 - 234,578 Total Off Campus Budget $ 9,848,162 $480,000 $ 10,328,162 1As approved by the Board at the March 2011 Board meeting. 9. UM – Approved the request to amend the professional services agreement with Aramark Educational Services, LLC. (Aramark). Due to growth in UM’s student population, immediate expansion and enhancement of the dining facilities is necessary. This has resulted in difficulty being able to accommodate the dining needs of students during peak dining hours. This amendment provides financial investment by the vendor along with a new guaranteed sales commission structure. In exchange, UM will extend the current agreement an additional nine years – July 1, 2011 through June 30, 2021. The total value of this ten-year contract is $27,138,000 with estimated commissions of $19,707,000. The contract will also include $1,485,000 in capital investment dollars, $5,000,000 in enhanced commission payments which will be use for renovations, $750,000 in brand re-fresh dollars, and $196,000 of in-kind catering services. The agreement which has been reviewed and approved by the Attorney General’s Office is on file at the Board Office. 10. UM - Approved the request to amend the professional services agreement with Barnes and Noble College Booksellers, LLC (B&N) to operate and provide services for the bookstore on campus. B&N is currently the institution's exclusive buyer and seller of all required, recommended, or suggested course materials and supplies, including books, course packs, computer software, textbook rentals, and materials published or distributed electronically. This exclusive right includes all educational supplies, notebooks, stationery, desk and room accessories, etc. The contract renewal period is ten years in length –December 15, 2011 through December 14, 2021. There is an option to renew for an additional five years, subject to mutual agreement. The total value of this ten-year revenue contract is $7,020,000. The university will receive commission revenue of $620,000 in the first year along with a signing bonus of $250,000 and renovation dollars of $500,000 for a total first year of revenues of $1,370,000. The other nine years the university will receive commissions from the contract which are estimated at approximately $620,000 per year. In addition, the institution will receive $70,000 from B&N for textbook scholarships over the ten years of the agreement. The agreement which has been reviewed and approved by the Attorney General’s Office is on file at the Board Office.

24 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING June 16, 2011

11. USM – Approved the request to amend its professional services agreement with Barnes and Noble College Booksellers, LLC (B&N) to outsource the operation of the bookstore on campus. The amendment changes certain terms from the original contract to include an additional financial investment by the vendor, initiation of a textbook rental system, and additional financial incentives to the institution. This amendment will extend the current contract an additional five years through June 30, 2019. This revenue contract is projected to generate $7,759,000 over the revised length of the contract. The revenue elements include $6 million in estimated sales commissions, $500,000 in facilities and equipment investments, and $1,259,000 in other incentives. Other incentives include: $100,000 technology investment, $400,000 Student Textbook Scholarships, $400,000 of Student Retention Payments, $130,000 in Utilities Payments, $104,000 in Marketing and Promotions Payments, $80,000 in Alumni Affinity Program Payments to be paid to the USM Alumni Association, $20,000 in Foundation Fund Payments, and $25,000 in Education Fund Payments. The agreement which has been reviewed and approved by the Attorney General’s Office is on file at the Board Office. 12. System – Approved the request to renew the automobile insurance coverage with Union Standard Insurance Company and American Empire Surplus Lines Insurance Company for the system. The contract insures the system automobile liability exposure in the most cost-effective method. The insurance policy is for three years - July 1, 2011 to July 1, 2014. To limit its exposure, the IHL Tort Plan currently purchases liability insurance coverage of $500,000 in-state and $5,000,000 out-of- state through Union Standard Insurance Company and American Empire Surplus Lines Insurance Company. The quoted rate of $295.55 per vehicle has remained the same since July 1, 2009. Based on the current number of vehicles, the premium quoted by Union Standard for FY 2012 is $505,391. The current premium is $506,277. The current quoted rate per vehicle is subject to a three-year guarantee by Union Standard Insurance Company contingent on loss ratio. The premium quoted by American Empire Surplus Lines Insurance Company for FY 2012 is $121,972.50, which is the same amount as the current premium. The universities are billed directly for their share of the premium. 13. The Committee received an overview of the FY 2012 Operating Budgets of $3.5 million for the institutions, their separately budgeted units, UMMC, and the Executive Office. Included as supplemental information are the following: FY 2011-2012 Ayers Budgets, FY 2011-2012 Athletic Budgets, and FY 2011-2012 E&G Scholarships, Fellowships & Tuition Waivers. No action was taken. 14. The Committee received an overview of the proposed funding priorities request for FY 2013 Legislative Budget Request. No action was taken. On motion by Trustee Perry, seconded by Trustee Davidson, with Trustees Pickering and Whitten absent and not voting, all Budget Committee members legally present and participating voted unanimously to adjourn the meeting. The following Committee members participated in the meeting: Aubrey Patterson (Chair), Trustee Stacy Davidson, Trustee Bob Owens, and Trustee Alan Perry. The following Committee members were absent: Trustee Christy Pickering and Trustee Amy Whitten.

25 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING June 16, 2011

ADJOURNMENT

There being no further business to come before the Board, on motion by Trustee Rouse, seconded by Trustee Blakeslee, with Trustees Pickering and Whitten absent and not voting, all Trustees legally present and participating voted unanimously to adjourn the meeting.

______President, Board of Trustees of State Institutions of Higher Learning

______Commissioner, Board of Trustees of State Institutions of Higher Learning

26 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING June 16, 2011

EXHIBITS

Exhibits 1 - 8 Approved Fiscal Year 2012 Operating Budgets

Exhibit 9 Approved FY 2013 Proposed Funding Priorities

Exhibit 10 Real Estate items that were approved by the IHL Board staff subsequent to the May 19, 2011 Board meeting.

Exhibit 11 Report of the payment of legal fees to outside counsel.

27 EXHIBIT 1 Total Operating Budget Origgpinal FY 2011 Compared to FY 2012

Dollar Percent Budget FY 2011 FY 2012 Change Change

Education & General $ 854,499,446 $ 911,089,082 $ 56,589,636 6.62%

UMMC 1,199,055,175 1,302,497,348 103,442,173 8.63%

Agriculture 110,545,761 111,347,728 801,967 0.73%

Student Financial Aid 32,623,317 31,829,137 (794,180) -2.43%

Subsidiary 71,571,620 69,876,370 (1,695,250) -2.37%

Restricted 879,808,208 906,974,708 27,166,500 3.09%

Ayers 27,635,251 27,124,537 (510,714) -1.85%

Auxiliary 229,978,768 236,056,101 6,077,333 2.64%

Total Budget $ 3,405,717,546 $ 3,596,795,010 $ 191,077,463 5.61%

Budget, 6/16/2011 Finance, & Audit Meeting Education & General EXHIBIT 2 Operating Budget FY 2011 and FY 2012

Percent Institution FY 2011 FY 2012 Change Change ASU $ 39,526,345 $ 41,688,508 $ 2,162,163 5.47%

DSU 42,354,964 43,540,900 1,185,936 2.80%

JSU 86,211,783 86,839,610 627,827 0.73%

MSU 231,596,953 251,708,222 20,111,269 8.68%

MUW 27, 740, 108 29, 481, 844 1,741 ,736 6.28%

MVSU 32,217,313 31,302,217 (915,096)-2.84%

UM 219,015,134 240,993,758 21,978,624 10.04%

USM 175,836,846 183,336,487 7,499,641 4.27%

System-Wide (1) - 2,197,536 2,197,536 0.00%

Total $ 854,499,446 $ 911,089,082 $ 56,589,636 6.62%

(1) Unallocated state appropriations for Geospatial Licenses & Space Efficiencies. Budget, 6/16/2011 Finance, & Audit Meeting EXHIBIT 3 Education and General Functional Budget Changggge in FY 2011 Original Budget to FY 2012

Percent Functional Area FY 2011 FY 2012 (1) Change Change Instruction $ 380, 679, 620 $ 401, 559, 496 $ 20, 879, 876 5485.48%

Research 27,017,605 28,840,772 1,823,167 6.75%

Public Service 3,968,431 890,452 22.44% 4,858 , 883 Academic Support 85,883,223 96,845,546 10,962,323 12.76%

Student Services 59,873,509 204,008 0.34% 60,077,517

Institutional Support 104,573,079 1,803,090 1.72% 106,376,169 Operations & Maintenance 104,829,589 5,405,586 5.16% 110,235,175 Scholarships 82,465,072 13,615,864 16.51% 96,080,936 Transfers 5,209,317 (1,192,264) -22.89% 4,017,053 Total $ 854, 499, 445 $ 908, 891, 546 $ 54, 392, 101 6.37%

(1) Does not include Geospatial Licenses or Space Efficiency Funds of $2,197,536. 6/16/2011 Budget, Finance, & Audit Meeting EXHIBIT 4 Education and General Major Object Category Budget Changggge in FY 2011 Original Budget to FY 2012

Percent Category FY 2011 FY 2012 (1) Change Change

Personnel $ 589,391,138 $ 617,903,081 $ 28,511,943 4.84%

TlTravel 7,305 ,768 7,490 ,034 184,266 2.52%

Contractual 200,652,423 223,905,229 23,252,806 11.59%

Commodities 20,044,883 20,759,673 714,790 3.57%

Capital 16,502,349 16,147,997 (354,352)-2.15%

Other 20,602,884 22,685,532 2,082,648 10.11%

Total $ 854,,,499,445 $ 908,,,891,546 $ 54,,,392,101 6.37%

(1) Does not include Geospatial Licenses or Space Efficiency Funds of $2,197,536. 6/16/2011 Budget, Finance, & Audit Meeting EXHIBIT 5 University of Mississippi Medical Center Operating Budget FY 2011 Compared to FY 2012

Percent Budget FY 2011 FY 2012 Change Change

School of Dentistry $ 23,428,760 $ 24,136,391 $ 707,631 3.02%

School of Health Related 12,016,918 13,340,859 1,323,941 11.02% Professions

School of Medicine 224, 261, 267 234, 786, 417 10, 525, 150 4.69%

School of Nursing 11,406,463 14,144,362 2,737,899 24.00%

Service Area 136,929,224 150,394,697 13,465,473 9.83%

University Hospital 791,012,543 865,694,622 74,682,079 9.44%

Total Budget $ 1,199,055,175 $ 1,302,497,348 $ 103,442,173 8.63%

Note: Auxiliary budget and restricted budget aggregated in the system presentation. Budget, 6/16/2011 Finance, & Audit Meeting Agricultural Units EXHIBIT 6 Total Operating Budgets FY 2012 (in millions)

State Self Total Budget Appropriations Generated Budget

ASU Agricultural Programs $ 5,498,389 $ - $ 5,498,389

Agricultural & Forestry Experiment 21,365,833 6,581,854 27,947,687 Station

Mississippi Cooperative Extension 27,369,914 13,403,265 40,773,179

Forest & Wildlife Research Center 5,392,854 816,108 6,208,962

College of Veterinary Medicine 16,203,711 14,715,800 30,919,511

Total Budget $ 75,830,701 $ 35,517,027 $ 111,347,728

Budget, 6/16/2011 Finance, & Audit Meeting Subsidiary Units EXHIBIT 7 (includes Executive Office, University Press & Student Financial Aid) Change in Total Operating Budget FY 2011 to FY 2012 Percent Budget FY 2011 FY 2012 Change Change Urban Research Center $ 502,407 $ 495,734 $ (()6,673) -1.33% Center for Advanced Vehicular Systems 3,926,291 3,338,190 (588,101) -14.98% State Chemical Laboratory 2,195,338 2,018,632 (176,706) -8.05% Water Resources Research Institute 120,531 120,531 - 0.00% Stennis Institute 965,739 917,452 (48,287) -5.00% Alcohol Safety Education Program (Special Funds) 1, 454, 761 1, 483, 856 29, 095 2. 00% Law Research Institute 829,232 809,003 (20,229) -2.44% Mineral Resources Institute 423,586 400,824 (22,762) -5.37% Research Institute of Pharmaceutical Sciences 3,208,655 3,127,749 (80,906) -2.52% Supercomputer 727,661 691,278 (36,383) -5.00% Small Business Center 270,984 258,435 (12,549) -4.63% Center for Manufacturing Excellence 826,132 826,132 - 0.00% State Court Education Program (Special Funds) 1,582,832 1,491,301 (91,531) -5.78% Mississippi Polymer Institute 692,525 668,440 (24,085) -3.48% Gulf Coast Research Laboratory 5, 549, 885 5, 680, 517 130, 632 2. 35% Stennis Center 444,485 438,706 (5,779) -1.30% Executive Office 45,191,380 44,410,090 (781,290) -1.73% Delta Revitalization 150,000 150,000 - 0.00% Student Financial Aid 32,623,317 31,829,137 (794,180) -2.43% University Press 2,509,196 2,549,500 40,304 1.61%

Total $ 104,194,937 $ 101,705,507 $ (2,489,431) -2.39% 6/16/2011 Budget, Finance, & Audit Meeting Auxiliary Unit Operating Budgets EXHIBIT 8 FY 2012 Compared to FY 2011 Or ig ina l

Percent Institution FY 2011 FY 2012 Change Change Alcorn State University $ 10,086,233 $ 11,211,905 $ 1,125,672 11.16%

Delta State University 9,289,162 8,796,067 -5.31% (493,095) Jackson State University 16,850,569 17,679,505 4.92% 828,936 Mississippi State University 32,947,939 33,001,921 0.16% 53,982 Mississippi University for Women 3,928 , 664 3,852 , 390 -1.94% (76,274)

Mississippi Valley State University 8,842,050 8,500,000 -3.87% (342,050)

UiUniversit y ofMiiiif Mississippi 76, 401, 612 83, 532, 925 9.33% 7,131,313

University of Southern Mississippi 63,716,802 61,242,072 -3.88% (2,474,730)

UMMC 7,915,737 8,239,316 4.09% 323,579 Total Auxiliaries $ 229,978,768 $ 236,056,101 $ 6,077,333 2.64% 6/16/2011 Budget, Finance, & Audit Meeting Appropriation Request Priorities EXHIBIT 9 FY 2013 Compared to FY 2012 Appropr iat ions

Increase Percent Appropriation Units Request Change

E&G On and Off Campus $ 50,000,000 14.6%

UMMC 22, 856, 078 10.5% State Financial Aid - Agriculture 5,964,624 7.9% Subsidiary 2,225,002 11.2% Executive Office 134,954 1.9%

FY 2013 Appropriation Request before AYERS $ 81,180,658 11.7%

AYERS (6,733,000) -26.0%

FY 2013 Appropriation Request $ 74,447,658 10.35%

6/16/2011 Budget, Finance, & Audit Meeting 28 EXHIBIT 10 June 16, 2011

SYSTEM: REAL ESTATE ITEMS APPROVED SUBSEQUENT TO THE MAY 19, 2011 BOARD MEETING SUBMISSION DEADLINE

NOTE: THE FOLLOWING ITEMS WERE APPROVED BY THE BOARD'S REAL ESTATE AND FACILITIES STAFF ACCORDING TO BOARD POLICY §904 (A) BOARD APPROVAL WHICH STATES:

1. ASU – GS 101-269 – Dumas Hall Renovations Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #1 in the amount of $86,311.00 and seventy-seven (77) additional days to the contract of Paul Jackson & Sons. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: May 16, 2011 Change Order Justification: Change Order #1 is necessary to meet safety regulations and to correct latent job conditions involving the communication lines. The existing steam tunnel was not accessible prior to construction. The pipes were discovered after excavation. The existing fiber optic line was discovered to deviate from the survey. Due to the standing water in the communications vault and very shallow existing fiber optic line, water had collected in the existing soil making it unstable below the grade beams at the hub building location. Total Project Change Orders and Amount: One (1) change order for a total amount of $86,311.00 Project Initiation Date: January 31, 2008 Design Professional: Duval Decker General Contractor: Paul Jackson & Sons Contract Award Date: December 7, 2010 Project Budget: $7,000,000 Funding Source(s): HB 246, L’07 ($2,057,735); HB 1641, L’08 ($368,847.64); SB 2988, L’03 ($300,000); SB 2010, L’04 ($4,273,417.36)

2. JSU – GS 103-255 – Fire Suppression System Phase I (Alexander Center) Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Flagstar Construction Company, Inc., the lower of three (3) bidders, for a total contract amount of $1,757,200. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: May 6, 2011 Project Initiation Date: August 20, 2009 Design Professional: CGM Group General Contractor: Flagstar Construction Company, Inc. Contract Award Date: May 6, 2011 Project Budget: $7,360,000 Funding Source(s): HB 1722, L’09 ($1,200,000); HB 1701, L’10 ($6,160,000)

Page 1 of 3

EXHIBIT 10 June 16, 2011

3. JSU – GS 103-255 – Fire Suppression Phase I (McAllister/Whiteside) Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #1 in the amount of $80,620.80 and zero (0) additional days to the contract of Metro Mechanical, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #2 in the amount of $80,962.80 and zero (0) additional days to the contract of Metro Mechanical, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: May 5, 2011 Change Order Justification: Change Order #1 is necessary to provide and to install the 20 gauge sheet metal flashing to be painted to match the new fan coil unit between the units and walls, extend electrical power to new unit location and patch and seal new sheet metal flashing joints at unit and wall junctures. Change Order #2 is necessary because once the chase was opened up to modify the existing sanitary waste/vent piping for the project plumbing renovations, it was discovered pipe was badly deteriorated and required replacement, as a latent condition. Total Project Change Orders and Amount: Two (2) change orders for a total amount of $161,583.60 Project Initiation Date: August 20, 2009 Design Professional: The CGM Group, Inc General Contractor: Metro Mechanical, Inc. Contract Award Date: January 6, 2011 Project Budget: $7,360,000 Funding Source(s):

4. MSU – GS 105-314 – Middleton Hall Renovation Phase II Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #4 in the amount of $92,331.78 and zero (0) additional days to the contract of Weathers Construction, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property. Staff Approval Date: May 18, 2011 Change Order Justification: Change Order #4 is necessary to address structural remediation, additional insulation behind new gypsum board walls, insulation of basement ceiling, water repellant on exterior masonry surfaces, replacement of underground primary electrical conduit, additional door to the attic, and the replacement of relief angles in the new masonry walls. Total Project Change Orders and Amount: Four (4) change orders for a total amount of $280,119.03 Project Initiation Date: November 18, 2005 Design Professional: Shafer & Associates, PLLC General Contractor: Weathers Construction, Inc. Contract Award Date: April 23, 2010 Project Budget: $3,750,000

Page 2 of 3

EXHIBIT 10 June 16, 2011

Funding Source(s): HB 246, L’07 ($3,000,000); SB 2010, L’04 ($750,000)

5. UM – IHL 207-345 – University Housing Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Construction Documents as submitted by Cooke Douglass Farr Lemons + Eley & Associates, a joint venture, design professional. Staff Approval Date: May 19, 2011 Project Initiation Date: November 18, 2010 Design Professional: Cooke Douglass Farr Lemons + Eley & Associates-A Joint Venture General Contractor: N/A Contract Award Date: N/A Project Budget: $39,314,500 Funding Source(s): UM EBC Bonds ($38,000,000); Self-generated funds ($1,314,500)

6. USM – GS 108-217 – Science Building & Recreation Building Repair and Renovation Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Contract Documents as submitted by Studio South/Allred Architectural Group, design professional. Staff Approval Date: May 3, 2011 Project Initiation Date: Design Professional: Studio South/Allred Architectural Group General Contractor: N/A Contract Award Date: N/A Project Budget: $10,792,109.24 Funding Source(s): HB 1641, L’08 ($249,488.02); SB 2010, L’04 ($6,031,955.11); SB 2988, L’03 ($1,279,656.30); SB 3197, L’03 ($231,009.81); HB 1701, L’10 ($3,000,000)

Page 3 of 3

EXHIBIT 11 June 16, 2011

SYSTEM - REPORT OF PAYMENTS 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 David Ware & Associates (statements dated 5/1/11, 5/1/11, 5/1/11, 5/1/11, 5/1/11 and 5/10/11) from the funds of Mississippi State University. (These statements, in the amounts of $44.23, $6.15, $4.00, $524.03, $2,000.00 and $2,500.00, respectively, represent services and expenses in connection with labor certifications.)

TOTAL DUE……………………………….…….………………$ 5,078.41

Payment of legal fees for professional services rendered by Balch & Bingham (statement dated 4/22/11) from the funds of the University of Mississippi Medical Center. (This statement, in the amount of $5,342.75, represents services and expenses in connection with General Advice.)

TOTAL DUE……………………………….…….………………$ 5,342.75

Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statements dated 4/21/11) from the funds of the University of Mississippi Medical Center. (These statements represent services and expenses in connection with North Clinic - General Representation of the Medical School and Facility Practice Plans - $3,332.50, Jackson HMA LLC vs. UMMC - $1,826.00 and UMMC - North Clinic - General Advice - $2,012.70.)

TOTAL DUE……………………………….…….………………$ 7,171.20

Payment of legal fees for professional services rendered by John Kitchens, Esq. (statements dated 4/1/11) from the funds of the University of Mississippi Medical Center. (These statements represent services and expenses in connection with the cases styled Zeigler/Varnado - $835.00; Kermode (Federal Case) - $4,303.04; Seid - $1,320.00; Jaralah - $1,569.50 and UMMC (General) - $885.00, respectively.)

TOTAL DUE……………………………….…….………………$ 8,912.54

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 10/19/10, 4/21/11, 4/21/11, 4/21/11, 4/21/11, 4/21/11, 4/21/11, 4/21/11, 4/21/11, 4/21/11 and 4/30/11) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Live Attenuated Catfish Vaccine” - $162.50; “Compact Time-of- Flight Mass Spectrometer - Canada” - $25.50; “Light Scattering, etc.” - $220.00; “High Power Density, Full-Bridge Parallel Loaded Resonant DC” - $267.50; “Method for Detecting and Managing Nematode Population” - $575.00; “Alcohol Esterification

Page 1 of 3 EXHIBIT 11 June 16, 2011

(Condensor Train)” - $170.00; “Esterification and Bio Oil Upgrading” - $85.00; “Srinivasan - Elusieve Processing CIP Application” - $247.50; “Steele - Solid Heat Carrier Pyrolysis Reactor” - $1,419.50; “Compact Time-of-Flight Mass Spectrometer - United Kingdom” - $17.00 and “Methods of Preparation of Live Attenuated Bacterial Vaccines” - $802.50, respectively.)

TOTAL DUE……………………………….…….………………$ 3,992.00

Payment of legal fees for professional services rendered by Larry Schemmel (statements dated 4/14/11) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Consent Agreement with Mahomet-Seymour High School - Interlocking MS Logo” - $42.50; “Consent Agreement with Signal Mountain Middle/High School - Interlocking SM Logo” - $106.25; “Self-Aligned Methods of Low Temp Selective” - $2,370.00; “Change Analyst” - $3,042.50; “Engine Speed Controller” - $361.25; “Trademark JUVA” - $85.00; “St. Augustine Grass Plant Named ‘Eclipse’” - $255.00; “Delta Jazz Trademark - $1,168.75; “Giant Myscanthis Provisional Plant Patent” - $2,125.00; “Giant Myscanthis Trademark Application” - $63.75; “Buckscore Trademark” - $737.50; “Diethylene Tricarbamide and Diethylene Tricarbamide-Formaldehyde Condensation Resins” - $63.75; “System and Method for Recharging Batteries” - $446.25; “Burmudagrass Plant” - $2,146.25; “Buckscore Provisional Patent Application & Infringement” - $3,081.21; “Occidiofungin, a Unique Anti-Fungal Glycopeptide Produced by a Strain of Burkholderia Contaminans” - $680.00; “Xylo-Oligosaccharides Production by Autohydrolysis of Corn Fiber Separated from DDGS” - $110.00 and “Production of Densified and Water Repellant Solids by Binding Particles with Bio Oil Combined with a Protein Hydrolyzate” - $110.00.)

TOTAL DUE……………………………….…….………………$ 17,314.96

Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statements dated 7/15/10, 1/18/11, 1/19/11, 1/19/11, 2/17/11, 2/17/11, 2/17/11, 4/19/11, 4/19/11, 4/21/11 and 4/27/11) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “Chick Separation-Anxiety-Depression (SAD) Model” - $495.00; “Chick Separation-Anxiety-Depression (SAD) Model” - $672.50; “Utilizing Tactile Speech Feedback” - $1,910.00; “Complexes and Compounds for Light Emitting Applications” - $1,005.00; “Chick Separation-Anxiety-Depression (SAD) Model” - $1,282.50; “Utilizing Tactile Speech Feedback” - $765.44; “Complexes and Compounds for Light Emitting Applications” - $940.00; “Complexes and Compounds for Light Emitting Applications” - $406.50; “A Device for Demonstrating and Measuring the Components of a Vector in 3-D Space” - $492.50; “Emerging Models for Wireless Communication Systems” - $1,570.50 and “Chick Separation-Anxiety-Depression (SAD) Model” - $940.00, respectively.)

TOTAL DUE……………………………….…….………………$ 10,479.94

Page 2 of 3 EXHIBIT 11 June 16, 2011

Payment of legal fees for professional services rendered by Hershkovitz & Associates (statements dated 12/13/10, 12/15/10, 12/31/10, 12/31/10, 1/11/11, 1/14/11, 1/31/11 and 2/23/11) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “Japan: Compositions for the Prevention/Prophylactic Treatment of Poison Ivy Dermatitis” - $5,728.09; “Prolylcarboxypeptidase (PRCP) Inhibitor” - $7,707.50; “Method of Preparing Delta-9 Tetrahydrocannabinol” - $1,471.35; “Potent Immunostimulatory Component in Microalgae Extract” - $570.41; “Compositions for the Prevention/Prophylactic Treatment of Poison Ivy Dermatitis” - $760.00; “Novel Sigma Receptor Antagonists” - $176.50; “Method of Preparing Delta-9 (Tetrahydrocannabinol Esters)” - $2,359.00 and “Europe: 8-Aminoquinolines” - $798.88, respectively.)

TOTAL DUE……………………………….…….………………$ 19,571.73

Payment of legal fees for professional services rendered by Stites & Harbison (statements dated 1/26/11, 1/26/11, 1/26/11, 1/26/11, 1/26/11, 1/26/11, 2/15/11, 2/15/11, 2/15/11, 2/15/11, 2/15/11, 2/15/11, 2/15/11, 2/15/11, 2/15/11, 4/25/11, 4/25/11, 4/25/11, 4/25/11, 4/25/11 and 4/25/11) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “In-Furnace Reduction of Nitrogen Oxide by a Biomass Derivative” - $1,372.50; “Highly Purified Amphotericin-B” - $6,231.00; “Australia: High-Speed Data Compression” - $96.00; “US: High-Speed Data Compression” - $96.00; “Australia: Stabilized Formulation of Triamcinolone Acetonide” - $398.00; “A Corrugated and Ported Prism Engine Nozzle” - $840.00; “High-Speed Data Compression” - $493.50; “Stabilized Formulation of Triamcinolone Acetonide” - $164.50; “Multi-Domain Plate Acoustic Wave Devices” - $147.00; “Method of Detecting Vibration and Sound Signatures” - $1,136.00; “China: High-Speed Data Compression” - $1,563.00; “In-Furnace Reduction of Nitrogen Oxide” - $1,030.00; “Highly Purified Amphotericin-B” - $143.00; “Japan: Highly Purified Amphotericin-B” - $2,516.50; “Delivery of Medicaments to the Nail” - $2,803.50; “Canada: Delivery of Medicaments to the Nail” - $1,140.13; “Canada: Highly Purified Amphotericin-B” - $1,705.52; “Highly Purified Amphotericin-B” - $929.50; “Canada: High-Speed Data Compression” - $27.00; “Europe: High-Speed Data Compression” - $27.00 and “South Africa: High-Speed Data Compression” - $27.00, respectively.)

TOTAL DUE……………………………….…….………………$ 22,886.65

Page 3 of 3

CONSENT AGENDAS

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA BUDGET August 18, 2011 Page 1 of 6

1. UMMC – REQUEST FOR APPROVAL OF CONTRACTUAL SERVICES AGREEMENT

Agenda Item Request: The University of Mississippi Medical Center (UMMC) requests approval to enter into a service agreement with Passport Health Communications, Inc. to provide insurance verification services.

Contractor’s Legal Name: Passport Health Communications, Inc. (Passport)

History of Contract: This is a new agreement for the replacement of the HDX patient insurance verification system currently used by UMMC. Because UMMC has recently replaced their health information system with EPIC, the old system, Siemens, is being phased out. The current system is not compatible with the EPIC system. The EPIC system was selected by UMMC in an effort to be compliant with the American Recoveries and Reinvestment Act (ARRA).

Specific Type of Contract: This is a new service agreement for the collection of accurate healthcare insurance information, e.g., covered services and co-pay amounts.

Purpose: The purpose of the agreement is to implement a new patient insurance verification system that will readily interface with the EPIC electronic medical record system for the storage, processing, and use of electronic insurance eligibility information.

Scope of Work: Under the agreement UMMC will have access to Passport databases that store specific patient insurance information obtained from healthcare insurance companies in order to provide immediate benefit and co-pay information to patients at the time of service. Passport will be the “behind the scenes” tool that is used in EPIC to present patient insurance information to various departments at UMMC.

Term of Contract: This contract is for five (5) years – September 1, 2011 through August 31, 2016, which includes two (2) successive one (1) year automatic renewal options.

Termination Options: This agreement may be terminated:  By either party at the end of the initial thirty-six (36) month term or either one (1) year renewal term after giving ninety (90) days written notice,  In the event anticipated funds are not appropriated to UMMC,  In the event UMMC’s governing body does not approve the payment to Passport of “Pass-Through Fees” within four (4) months of receipt of a Fee Increase Notice from Passport,  Should Passport materially default in the performance of its duties and obligations under the Addendum and not cure the default within ten (10) days of receiving notice from UMMC,

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA BUDGET August 18, 2011 Page 2 of 6

 In the event there are changes or clarifications to the HIPAA Rules that materially affect Passport by giving thirty (30) days written notice,  In the event UMMC materially violates the HIPAA Rules and does not cease the violation within fifteen (15) days of receiving notice from Passport,  By either Party in the event of a materially breach of the Agreement other than non- payment of fees and after receiving a thirty (30) day notice in which to cure such breach,  In the event UMMC fails to pay any “Undisputed Fees” related to the Agreement,  In the event either Party ceases to conduct its business in the ordinary course; or, becomes the subject of insolvency, bankruptcy, or receivership,  Should it no longer offer or provide support for such product or service, or  In the event of an early termination of the Agreement by UMMC (termination of the Agreement prior to the end of the applicable term), UMMC must pay to Passport and early termination fee, or, reasonable liquidated damages in a lump sum that equal the average monthly charges during the twelve (12) months prior to the early termination date, multiplied by the number of months remaining in the term. Contract Amount: The total cost for the contract period is estimated at $307,190.40 and includes:

Description Per Year Total

Annual Subscription Fee $ 7,320.00 $ 36,600.00

Standard Transaction Fee (for 300,000 transactions per year) 48,000.00 240,000.00

Additional Transaction Variable Fee of $.16 per transaction (for 29,988 transactions per year) 4,798.08 23,990.40

TOTAL $ 60,118.08 $ 300,590.40

One time Implementation fee - First year Only 6,600.00 TOTAL COST $ 307,190.40

Passport has the right to pass through fees from state and federal government entities, Medicare and Medicaid Managed Care Organizations, third-party payers, communication tariffs and/or other similar fees onto UMMC. Any pass through fee is subject to four (4) months prior written notice and approval by the Board.

Funding Source of Contract: The agreement will be funded by hospital patient revenue.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA BUDGET August 18, 2011 Page 3 of 6

Contractor Selection Process: A Request for Proposals (RFP) was issued in March 2011. Six proposals were received. The results of the proposals are as follows:  Passport Health Communications, Inc. - $283,200 *  Emdeon -Approximately $268,895 – a fixed price was not given.  Siemens - $527,460  The Advisory Board - $356,500  Ingenix – Proposal did not give a firm or estimated price.  AHIQA by Klas – Approximately $295,740 – A fixed price was not given. Based on the responses to the RFP, Passport was chosen. While Passport was not the lowest bid, UMMC determined that the bid included all fees, and, therefore was a firm bid. On the other hand, Emdeon, who appears to be the lowest bidder, did not factor into its bid implementation fees that were priced out as a per hour charge. These hourly charges could not be predicted for purposes of the bid as the actual cost depends on actual hourly use of implementation support. Additionally, neither Ingenix nor AHIQA submitted a proposal with fixed pricing as requested in the RFP. As such, these proposals, like the Emdeon proposal, were not considered by UMMC due to incompleteness and noncompliance with the RFP.

*The final cost of service to be provided by Passport increased to $307,190.40 due to UMMC’s incorporation of 29,988 annual “overage transactions” into the final cost of the agreement.

Staff Recommendation: Based on Board Policy 707.01, Land, Property, and Service Contracts, Board approval is required prior to execution of the contract for all other land, personal property, and service contracts that require an aggregate total expenditure of more than $250,000. This agreement has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item.

2. USM – REQUEST FOR APPROVAL TO AMEND LEASE AGREEMENT Agenda Item Request: The University of Southern Mississippi (USM) requests approval to amend its current lease agreement for space in the Old Garden Park Hospital and HealthMark Office buildings with the University of Southern Mississippi Research Foundation (USMRF). Contractor’s Legal Name: University of Southern Mississippi Research Foundation (USMRF)

History of Contract: USM entered into a lease agreement with USMRF for Nursing School space in August 2004. After Hurricane Katrina, USM entered into an additional lease for space in the Old Garden Park Hospital and the HealthMark Office building. The

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA BUDGET August 18, 2011 Page 4 of 6

university is leasing space for a modular classroom building and additional parking space. The leases were consolidated in July, 2010 for a term of two years - July 1, 2010 through June 30, 2012. This amendment will extend the current lease agreement for one additional year through June 30, 2013.

Specific type of contract: Leased Space Agreement

Purpose: The purpose of the amendment is to extend the period of the lease as USM projects the need for this space at least through June 2013 due to delays in FEMA re- construction funding for the Gulf Park campus. Three (3) buildings at the Gulf Park campus typically housing the USM nursing program are undergoing renovation and are unusable. Renovation delays are a result of ongoing negotiations with FEMA. A final resolution is not expected before June, 2013. Until renovations of the Gulf Park buildings are complete, the USM nursing program will be housed in the leased facilities.

Scope of Work: USMRF agrees to extend the current lease agreement one additional year, through June 30, 2013. The annual rent paid by USM would remain unchanged. As part of the agreement’s scope, the foundation will continue to pay for all agreed to major repairs as needed. The foundation will also pay for utilities, pest control services, and grounds maintenance for the hospital facility. USM will be responsible for utilities (less water), janitorial service, and any necessary building repairs at the HealthMark Office facility.

Term of contract: The amendment extends the current agreement an additional year. The current agreement ends June 30, 2012. This amendment will extend the term through June 30, 2013.

Termination Options: The University or the USMRF may terminate the lease agreement upon six months’ notice. Further, the University may vacate part or all of the space with ninety (90) days’ notice to the Foundation and the rent for said space will be reduced accordingly.

Contract Amount: The rent remains at the current annual rate of $1,150,853 and will be paid in quarterly installments. The total rent for the original with all amendments which equals a 3-year term (July 1, 2010 to June 30, 2013) is $3,452,559. The average square footage rental rate under this lease is $13.46. The local market for office rental for this area ranges from $15 to $16 per square foot range.

Funding Source for Contract: This lease agreement will be funded by the Federal Emergency Management Agency (FEMA).

Contractor Selection Process: N/A

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA BUDGET August 18, 2011 Page 5 of 6

Staff Recommendation: Based on Board Policy 707.01, Personal Property and Service Contracts, Board approval is required prior to execution of leases in an amount greater than $100,000 is required. This agreement has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item.

3. IHL EXECUTIVE OFFICE – REQUEST FOR APPROVAL OF NETWORK CONNECTION AGREEMENT

Agenda Item Request: The Executive Office, on behalf of Jackson State University (JSU), Mississippi State University (MSU), University of Mississippi (UM), University of Southern Mississippi (USM), and the University of Mississippi Medical Center (UMMC) requests approval to enter into an agreement with Internet2.

Contractor’s Legal Name: Internet2

History of Contract: This is a new agreement replacing “indirect” connectivity services currently offered through a contract with the Louisiana Optical Network Initiative. The agreement with Internet2 will provide enhanced access through establishment of a connectivity site in Jackson, MS.

Specific type of contract: Network Connection Agreement

Purpose: The purpose of the agreement is to establish a connector site in Jackson, MS through Internet2’s advanced networking consortium. Internet2 is led by the U.S. research and education community. It is a dynamic, innovative and cost-effective hybrid optical and packet, 100 Gigabit network designed to deliver to the research and education community next-generation production services as well as a development platform for new networking ideas and protocols.

Scope of Work: The agreement provides for connectivity to the Internet 2 network for a minimum of three years.

Term of contract: While it is necessary to formalize IHL’s intent to enter into this agreement prior to September 1, 2011 to allow for an efficient transition and set-up process, the official three-year contract period is effective July 1, 2012 through June 30, 2015 with automatic one-year renewals thereafter unless either party provides written notice of termination at least ninety (90) days before July 1 within the current annual renewal year.

Termination Options: The contract may be terminated by either party at any time for convenience with ninety (90) days written notice, or for cause with thirty (30) days written notice.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA BUDGET August 18, 2011 Page 6 of 6

Contract Amount: Annual cost is $525,000. The total cost for the first three-years of the contract is $1,575,000.

Funding Source for Contract: Cost of the connection will be shared by the research universities - JSU, MSU, UM, USM, and UMMC. The IHL Executive Office will bill the institutions for their respective share of the total.

Contractor Selection Process: Internet 2 is a membership corporation open to any non- profit or not-for profit organization that is sub-state, state or multi-state in scope and that has a principal mission to provide network infrastructure and services primarily to the research and education community in the relevant geographic area. Mississippi’s research universities have been members of Internet2 for over a decade. Recently Internet2 received funding to expand its network and in the fall of 2011, informal discussions began with Internet2 officials to explore the possibility of adding a connector site in Jackson, Mississippi. In January 2011 Internet2 officials met with ITS officials, research university chief information officers and chief research officers to determine if Mississippi’s research universities bandwidth demands warranted an Internet2 connector site. The result of this analysis was yes.

Cost Benefit Analysis: No cost/benefit analysis was conducted as Internet 2 is the only entity to provide access to such a network.

Staff Recommendation: Based on Board Policy 707.01, Land, Property, and Service Contracts, Board approval is required prior to execution of the contract for all other land, personal property, and service contracts that require an aggregate total expenditure of more than $250,000. This agreement has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 1 of 19

Note: Project numbers beginning with the prefix "GS" designate projects that the Bureau of Building provides management oversight for and are funded partially or wholly with state Bureau of Building bond revenues. Project numbers beginning with the prefix "IHL" designate projects that are funded from university self-generated sources including but not limited to donations, fees, and grants.

Board Policy §902, Initiation of Construction Projects

The Board must approve the initiation of a project for the construction of new facilities, repairs and renovations to existing facilities and requests for a capital outlay with a total project budget exceeding $1,000,000 regardless of how the projects are financed. It is the intent of the Board that its appropriate staff under the direction of the Commissioner shall be involved in all phases of building projects requiring approval by the Board. All construction, repairs, and renovation projects with a total budget of $1,000,000 or less may be approved by the Institutional Executive Officer. However, all projects utilizing any state bond funds, including Ayers funds, must be initiated with STAFF approval from the Office of Real Estate and Facilities. No further approvals are required by IHL staff for projects of $1,000,000 or less unless the budget changes. All budget changes for these projects must be reported to the Office of Real Estate and Facilities.

Board Policy §904(A), Board Approval

When funding has been secured from whatever source, each institution shall bring all new projects to the Board for the approval of the project initiation and the appointment of a design professional, as required in Board Policy §902, Initiation of Construction Projects. This request shall include a detailed description of the work to be accomplished, the total budget, the funding source and the design professional recommended to the Board for approval.

After the Board has granted approval of both the initiation of a project and the appointment of a design professional, no further Board action or approval is required for the completion of the project if the following conditions are met:

1. The detailed description of the work to be accomplished, as specifically approved by the Board within the project initiation, has not changed. 2. The total project budget has not increased beyond the amount specifically approved by the Board as part of the project initiation; 3. The funding source has not changed from that specifically approved by the Board as part of the project initiation; and 4. The design professional previously approved by the Board has not changed.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 2 of 19

If the above four conditions have been met, the Board’s Real Estate and Facilities staff, through the Commissioner, shall have the authority to approve any and all necessary documents related to the completion of the subject construction project, including the approval of construction documents, the advertisement and receipt of bids, the approval of a bid, the award of a contract and any change orders.

Prior to the commencement of construction, the Board must approve the exterior design of the major buildings that have aesthetic impact on the overall campus, regardless of the cost of the project. This requirement applies to all buildings and facilities on an institution’s property even if the land is leased to an institution’s affiliated entity or a private developer.

Board Policy §905(A), Real Estate Management

Prior Board approval is required for the execution of all leases, easements, oil and mineral leases, and timber sales. Board approval prior to the execution of a contract for the sale of real property is required for all land sales, regardless of the sale price. Prior Board approval is required for the execution of all leases, easements, oil and mineral leases, and timber sales. Request for approval of land contracts shall include property descriptions, terms of purchase, lease, or sale and intended use of the property. An institution acquiring or disposing of real property shall receive two independent appraisals. The purchase price of property to be acquired shall not exceed the average of the two appraisals. The sale price of real property shall be no less than the average of the two appraisals.

APPROVAL OF INITIATIONS OF PROJECTS/APPOINTMENTS OF PROFESSIONALS

IHL PROJECTS

1. UM – IHL 207-348 – Johnson Commons West Renovation

Project Request: The University of Mississippi requests approval to appoint Tipton Associates, A Professional Architectural Corporation as design professional.

Proposed Design Professional: Tipton Associates, A Professional Architectural Corporation

Purpose: Tipton Associates is an architectural firm specializing in food-service work with recent projects completed or in progress at The University of Virginia, UNC Chapel Hill, Wake Forest, SMU, The University of Tennessee, The College of Charleston, and The University of Miami. The selection committee found the quality BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 3 of 19

of this firm’s work to be outstanding in comparison with the other firms who submitted qualifications. Tipton’s food-service experience means they are considered as “consultants” in their own right, and therefore will not incur additional fees for a food-service consultant. The University of Mississippi plans to completely renovate the Johnson Commons. The Board originally approved the initiation of this project at the May 19, 2011 Board meeting. Johnson Commons was originally constructed in 1929 and the west wing was added in 1964. The west wing of this facility is used for food services. It houses the main dining location, main cooking kitchens, cold storage, bakery, catering offices, food service administrative offices, "The JC" dining outlet and a "Java City" dining location.

Johnson Commons West is one of the university’s two largest dining facilities and it is in dire need of modernization and expansion. This project will be a complete renovation of the main dining facility which is comprised of 49,886 square feet on two floors. The work will include upgrades to the main entrance, dining areas, kitchens, bathrooms, and offices. The mechanical and electrical systems will be replaced. Further definition of scope will be defined by the design professional in association with university representatives. The University of Mississippi is seeking approval to initiate the project in accordance with Board Policy §904(A), Board Approval, that requires each institution to bring all new projects to the Board for the approval of the project initiation and the appointment of a design professional, as required in Board Policy §902, Initiation of Construction Projects.

Project Initiation Date: May 19, 2011

Date of Original Construction: 1929 (West Wing 1964)

Date of Last Renovation: 2010

Project Budget: Estimated Construction Cost: $11,000,000.00 Architectural and Engineering Fees: 973,813.60 Miscellaneous Project Costs: 1,163,700.00 Contingency: 1,362,486.40

Total Project Budget $14,500,000.00

Proposed Funding Source(s): Auxiliary R&R ($9,900,000); Assistance from food service partner ($4,600,000) BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 4 of 19

Staff Recommendation: Board staff recommends approval of this item.

APPROVAL OF BUDGET INCREASES AND/OR CHANGES OF SCOPE/FUNDING SOURCE(S)

BUREAU OF BUILDING PROJECTS

2. ASU – GS 101-269 – Dumas Hall Renovations Project Request: Alcorn State University requests permission to increase the amount of Ayers funds requested from $4,730,144 to $4,739,004 for an increase of $8,860 and to increase the amount obtained that will be used to fund the Dumas Hall renovation project from $4,730,144 to $4,735,973, for a total increase of $5,829. In September of 2010 the university increased the budget from $3,500,000 to $4,730,144. The $3,500,000 is the original amount requested, allocated through the Ayers Settlement, and was approved by the Board for Dumas Hall.

Design Professional: Duvall Decker Purpose: Alcorn State University is seeking to clarify the funding sources and amounts for the Dumas Hall renovation project. Due to the change in funding source amounts which include increasing the allocation of Ayers funds to the Dumas Hall Renovation project and decreasing the amount of state bond funds used on the project, Alcorn State seeks Board approval for this increase in allocation of Ayers funds in order to comply with Ayers settlement requirements. Alcorn State University is acting in accordance with Board Policy §904(A), Board Approval, that requires each institution to submit all project budget increases and changes in funding source amounts to the Board for approval. Project Initiation Date: January 31, 2008 Date of Original Construction: N/A Date of Last Renovation: N/A

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 5 of 19

Project Budget: Estimated Construction Cost: $ 6,090,000.00 Architectural and Engineering Fees: 490,000.00 Miscellaneous Project Costs: 35,000.00 Contingency: 385,000.00

Total Project Budget $ 7,000,000.00

Proposed Funding Source(s): HB 246, Laws of 2007 ($2,057,735); HB 1641, Laws of 2008 ($368,847.64); SB 2988, Laws of 2003 – Ayers ($300,000); SB 2010, Laws of 2004 – Ayers ($4,273,417.36). ASU will also use $156,727 in Ayers funds from SB 3158, Laws of 2001 that is allocated to GS 101-258, Renovate Dumas Hall. Staff Recommendation: Board staff recommends approval of this item.

3. DSU – GS 102-226 – Caylor/White-Walters Science Lab Renovation Phase II

Project Request: Delta State University requests approval to increase budget for the Caylor/White-Walters Phase II project. The budget will increase from $5,217,760 to $5,324,840.00 for an increase in the amount of $107,080.00

Project Phase: Construction Phase

Design Professional: Architecture South

General Contractor: Century Construction and Realty, Inc.

Purpose/Justification: The project is currently in the construction phase. This is the second budget escalation request made for this project by the university for Phase II. The project was initiated with the Board on August 21, 2008 as Phase II of the Caylor/White-Walters Renovation. The Board approved the first budget increase from $4,750,000 to $5,217,760 through Interim Board approval on October 21, 2010. The university requests the budget escalation in order to fund Change Order #6, Change Order #7, and Change Order #8. Delta State University is acting in accordance with Board Policy §904(A), Board Approval, that requires each institution to submit all project changes of scope and budget increases to the Board for approval.

Project Initiation Date: August 21, 2008

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Project Budget:

Current Budget Proposed Budget Amount (+/-) Construction $ 3,490,000.00 $ 3,490,000.00 $ 0.00 Costs Architectural and $ 188,933.00 $ 357,825.00 $ 168,892.00 Engineering Fees Miscellaneous $ 131,799.00 $ 0.00 $ (131,799.00) Project Costs Contingency $ 1,407,028.00 $ 1,477,015.00 $ 69,987.00

Total Project $ 5,217,760.00 $ 5,324,840.00 $ 107,080.00 Budget

Funding Source(s): HB 1641, Laws of 2008 ($1,000,000); HB 1722, Laws of 2009 ($3,750,000-BOB Line Item); HB 1701, Laws of 2010 ($574,840)

Staff Recommendation: Board staff recommends approval of this item.

4. DSU – GS 102-237 – Caylor/White-Walters Renovation – Phase III

Project Request: Delta State University requests approval to increase budget for the Caylor/White-Walters Phase III project. The budget will increase from $6,000,000 to $11,700,000.00 for an increase in the amount of $5,700,000.00. The university also requests approval to revise funding source to allow the university to fully fund the project balance and complete the project with new state bond funds that are now available in SB 3100, Laws of 2011.

Project Phase: Design Phase

Design Professional: Architecture South

General Contractor: N/A

Purpose/Justification: The project is currently in the design phase. This is the first budget escalation request made for this project by the university for Phase III. The project was initiated with the Board on August 19, 2010 as Phase III of the Caylor/White-Walters Renovation. Due to the size of the project, design and BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 7 of 19

construction has been phased over several years and bond bills. The purpose of this request is to combine the previously approved Phase III of Caylor/White-Walters with funds now available in SB 3100 to fully fund the project.

Caylor/White-Walters is a 94,000 square foot science lab and classroom facility constructed in the late 1970’s. Other than a new roof in the late 1990’s, no work has been done on the building since construction. Renovation of this facility has been the university’s top priority for several years. Phase III of the project will complete the construction of 12 laboratories with prep rooms in a 24,000 square foot expansion and will renovate existing labs, lecture halls, faculty offices, restrooms, auditoriums, and the front entrance. A new sprinkler system and fire alarm system will also be installed.

Delta State University is acting in accordance with Board Policy §904(A), Board Approval, that requires each institution to submit all project changes of scope and budget increases to the Board for approval.

Project Initiation Date: August 19, 2010

Project Budget:

Current Budget Proposed Budget Amount (+/-) Construction $ 4,965,000.00 $10,503,442.00 $ 5,538,442.00 Costs Architectural and $ 317,500.00 $ 746,659.00 $ 429,159.00 Engineering Fees Miscellaneous $ 217,500.00 $ 134,644.00 $ (82,856.00) Project Costs Contingency $ 500,000.00 $ 315,255.00 $ (184,745.00)

Total Project $ 6,000,000.00 $11,700,000.00 $ 5,700,000.00 Budget

Funding Source(s): HB 1701, Laws of 2010 ($6,000,000); SB 3100, Laws of 2011 ($5,700,000)

Staff Recommendation: Board staff recommends approval of this item.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 8 of 19

5. UM – GS 107-305 – Central Mechanical Plant

Project Request: The University of Mississippi requests approval to increase budget for the Central Mechanical Plant project. The budget will increase from $8,000,000 to $13,200,000.00 for an increase in the amount of $5,200,000.00. The university also requests approval to revise the scope of the project to allow the university to appropriately increase the capacity of the new mechanical plant to meet student demand.

Project Phase: Design Phase

Design Professional: Eley Guild Hardy Architects

General Contractor: N/A

Purpose/Justification: The project is currently in the design phase. This is the second budget escalation request made for this project by the university. The project was initiated with the Board on November 21, 2008 as a pre-planning project with the project number as IHL #207-316 and the project budget for pre-planning being $500,000. The original estimated project budget at the time of initiation was $6.5 million. Eley Guild Hardy Architects was hired through the formal RFQ process on March 24, 2009. As work progressed on the project, it became necessary that the university increase the scope of the work and the project budget to $8,000,000 and to include the boilers as well as chillers. The university requested approval of this increase in project scope and budget at the October 21, 2010 Board meeting. In addition, the university also requested at the same Board meeting approval to transfer the project to the Bureau of Building as GS #107-305 due to the project consisting entirely of state bond funds.

The university has experienced significant increases in enrollment in the last two academic years and expects a further increase this year. The requested project budget escalation will enable the university to produce sufficient hot and chilled water to keep pace with the increased demand due to increasing enrollment figures. The University of Mississippi is acting in accordance with Board Policy §904(A), Board Approval, that requires each institution to submit all project changes of scope and budget increases to the Board for approval.

Project Initiation Date: November 21, 2008 (as IHL #207-316)

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Project Budget:

Current Budget Proposed Budget Amount (+/-) Construction $ 6,000,000.00 $ 10,155,900.00 $ 4,155,900.00 Costs Architectural and $ 451,450.53 $ 739,220.37 $ 287,769.84 Engineering Fees Miscellaneous $ 520,000.00 $ 574,200.00 $ 54,200.00 Project Costs Contingency $ 1,028,549.47 $ 1,730,679.63 $ 702,130.16

Total Project $ 8,000,000.00 $ 13,200,000.00 $ 5,200,000.00 Budget

Funding Source(s): HB 1701, Laws of 2010 ($8,000,000); SB 3100, Laws of 2011 ($5,200,000)

Staff Recommendation: Board staff recommends approval of this item.

6. UMMC – GS 109-195 – Adult Emergency Department (AED) Renovation

Project Request: The University of Mississippi Medical Center requests approval to increase budget for the Adult Emergency Department Renovation project. The budget will increase from $10,530,000 to $11,255,000.00 for an increase in the amount of $725,000.00.

Project Phase: Design Phase

Design Professional: Dale/Morris Architects, PLLC

General Contractor: N/A

Purpose/Justification: The project is currently in the design phase. This is the fourth budget escalation request made for this project by the university. Upon review of the base bid and alternates, it was apparent that accepting the bid alternates at the prices quoted were in the best interest of UMMC. In order to award the base bid plus the bid alternates and to re-establish a reasonable project contingency, a budget BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 10 of 19

escalation is necessary. The additional funding of $725,000 needed for the budget escalation is available from HB 1701, Laws of 2010. The project provides for the total renovation of existing Adult Emergency Room areas, expanding into Pediatric ER space to be vacated later this year, and will include all new/updated utility services, HVAC systems, and patient flow re-design to provide a modern Adult ER/Trauma Center. The University of Mississippi Medical Center is acting in accordance with Board Policy §904(A), Board Approval, that requires each institution to submit all project changes of scope and budget increases to the Board for approval. Project Initiation Date: November 14, 2007

Project Budget:

Current Budget Proposed Budget Amount (+/-) Construction $ 8,141,065.00 $ 8,858,700.00 $ 717,635.00 Costs Architectural and $ 708,552.00 $ 647,051.00 $ (61,501.00) Engineering Fees Miscellaneous $ 875,071.00 $ 1,200,991.00 $ 325,920.00 Project Costs Contingency $ 805,312.00 $ 548,258.00 $ 257,054.00

Total Project $10,530,000.00 $11,255,000.00 $ 725,000.00 Budget

Funding Source(s): HB 246, Laws of 2007 ($5,130,000); HB 1641, Laws of 2008 ($2,000,000); HB 1722, Laws of 2009 ($2,500,000); HB 1701, Laws of 2010 ($1,625,000)

Staff Recommendation: Board staff recommends approval of this item.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 11 of 19

IHL PROJECTS

7. UMMC – IHL 209-530 – Classroom Renovations

Project Request: The University of Mississippi Medical Center requests approval to increase the project scope and budget for the Classroom Renovations project. The budget will increase from $650,000 to $1,210,000.00 for an increase in the amount of $560,000.00. The university also requests to revise the project funding source to include indirect cost income.

Project Phase: Construction Phase

Design Professional: Dale Partners Architects (formerly Barranco PLLC Architecture)

General Contractor: Harris Constructors, Inc.

Purpose/Justification: The project is currently in the construction phase. This is the first budget escalation request made for this project by the university. The project was initiated with the Board on November 19, 2009 with a budget of $650,000. The original scope/budget did not include a major rework of existing HVAC systems. In June 2010, IHL Policy regarding Project reporting threshold was changed from $250,000 to $1,000,000. In July 2010 the UMMC project budget was increased to $975,000 due to a change in scope to include the total replacement of the present HVAC system serving the classrooms. UMMC construction documents were completed, the project bid and awarded in November 2010. Presently, the UMMC project is under construction and the available contingency has been used to address construction Change Order #1 and Change Order #2 for latent conditions. Therefore, UMMC requests approval of escalation of budget in the amount of $560,000 in order to re-establish a reasonable budget contingency and to bring the originally approved project budget ($650,000) up to date with the current commitments under contract and to include indirect cost income as an additional source of funds.

The project will renovate existing classrooms in the original (1955) North Wing School area by providing updated finishes, electronic/data/electrical, seating and audio visual system upgrades. The University of Mississippi Medical Center is acting in accordance with Board Policy §904(A), Board Approval, that requires each institution to submit all changes of scope or funding source and all budget increases to the Board for approval. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 12 of 19

Project Initiation Date: November 19, 2009

Project Budget:

Current Budget Proposed Budget Amount (+/-) Construction $ 520,000.00 $ 961,502.00 $ 441,502.00 Costs Architectural and $ 74,000.00 $ 98,498.00 $ 24,498.00 Engineering Fees Miscellaneous $ 0.00 $ 50,000.00 $ 50,000.00 Project Costs Contingency $ 56,000.00 $ 100,000.00 $ 44,000.00

Total Project $ 650,000.00 $ 1,210,000.00 $ 560,000.00 Budget

Funding Source(s): Indirect Cost Income ($490,000); Tuition ($720,000)

Staff Recommendation: Board staff recommends approval of this item.

8. UMMC – IHL 209-532 – Cardiovascular Renovations

Project Request: The University of Mississippi Medical Center requests approval to increase the project scope and budget for the Cardiovascular Renovations project. The budget will increase from $17,182,052 to $20,182,526.00 for an increase in the amount of $3,000,474.00.

Project Phase: Design Phase

Design Professional: Cooke Douglass Farr Lemons

General Contractor: N/A

Purpose/Justification: The project is currently in the design phase. This is the second budget escalation request made for this project by the university. The project was initiated with the Board on February 19, 2010 with an original budget of $15,682,052. The purpose of this request is obtain approval of a change in scope with an increase in project budget to include the construction of a basement level, the BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 13 of 19

completion of the previously planned third floor shell to be completed office spaces and upgrades to the adjacent, existing entrance corridor from the original North Wing entrance. The full basement addition will be developed as a shell for the renovation and enlargement of Radiological services in the future. This area would not be accessible for future development/expansion if not included in the present project. Finishing out the third floor shell area will provide needed office space for Anesthesia and Resident Fellows and other service support areas. Due to projected increase in pedestrian access, the adjacent entrance corridor from the North Wing needs to be updated/modernized and renovated to provide more efficient and pleasing access to patient services along its route. Additional funds have been identified, and UMMC requests permission to increase the scope and budget accordingly.

The project will include renovation of existing space and new building expansion (3 floors) to provide a new (69,361 sf.) modern Cardiovascular Clinic/Services area. With approval of this change in scope, an additional 16,000 square feet will be added as a basement floor level shell to be used for future Radiological services and will increase the total square footage to 85,361 sf. The University of Mississippi Medical Center is acting in accordance with Board Policy §904(A), Board Approval, that requires each institution to submit all changes of scope or funding source and all budget increases to the Board for approval.

Project Initiation Date: February 19, 2010

Project Budget:

Current Budget Proposed Budget Amount (+/-) Construction $ 15,514,400.00 $ 16,996,750.00 $ 1,482,350.00 Costs Architectural and $ 1,091,761.00 $ 1,664,277.00 $ 572,516.00 Engineering Fees Miscellaneous $ 119,800.00 $ 320,000.00 $ 200,200.00 Project Costs Contingency $ 456,091.00 $ 1,201,499.00 $ 745,408.00

Total Project $ 17,182,052.00 $ 20,182,526.00 $ 3,000,474.00 Budget

Funding Source(s): MC EBC bond funds ($20,182,526)

Staff Recommendation: Board staff recommends approval of this item. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 14 of 19

9. USM-Gulf Park – IHL 214-014 – Hardy Hall Storm Damage Repair

Project Request: The University of Southern Mississippi requests approval to increase the project scope and budget for the Hardy Hall Storm Damage Repair project. The budget will increase from $8,981,725.15 to $10,095,459.54 for an increase in the amount of $1,113,734.39.

Project Phase: Construction Phase

Design Professional: Dale Partners Architects

General Contractor: C. Perry Builders, Inc.

Purpose/Justification: The project is currently in the construction phase. This is the second budget escalation request made for this project by the university. The project was initiated with the Board on August 21, 2008 with a budget of $6,000,000. The project budget was increased at the April 21, 2011 Board meeting to $8,981,725.15. Bids were received on July 14, 2011. USM wishes to add an alternate to include historical windows as specified by the Department of Archives and History thus making it necessary to increase the budget to $10,095,459.54 to include this alternate.

The project will repair damage incurred by Hurricane Katrina in August 2005. Hardy Hall is a historic and major landmark on the Gulf Park campus. The renovation will repair external damage as well as numerous interior office and reception spaces. The project will also include a small kitchen/bookstore addition to the rear of the building. The University of Southern Mississippi is acting in accordance with Board Policy §904(A), Board Approval, that requires each institution to submit all changes of scope or funding source and all budget increases to the Board for approval.

Project Initiation Date: August 21, 2008

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Project Budget:

Current Budget Proposed Budget Amount (+/-) Construction $ 7,845,429.00 $ 8,731,000.00 $ 885,571.00 Costs Architectural and $ 692,987.07 $ 753,826.77 $ 60,839.70 Engineering Fees Miscellaneous $ 15,610.88 $ 15,610.88 $ 0.00 Project Costs Contingency $ 427,701.20 $ 595,021.88 $ 167,320.68

Total Project $ 8,981,725.15 $ 10,095,459.54 $ 1,113,734.39 Budget

Funding Source(s): Insurance Funds and Obligated FEMA Funds

Staff Recommendation: Board staff recommends approval of this item.

APPROVAL OF OTHER REAL ESTATE REQUESTS

10. MSU – Award of Timber Sales-John W. Starr Memorial Forest

Project Request: Mississippi State University requests approval to award timber sales 11-01PT and 11-02PP from John W. Starr Memorial Forest to the highest bidder, in accordance with the following bids received on July 19, 2011:

Timber Sale No. 11-01PT, Noxubee Unit, John W. Starr Memorial Forest The sale area is approximately 29 acres in size and is located on four parcels in a portion of Lots 12 and 21 of Section 5, a portion of Lots 8, 9, and 17-24 in Section 6, and a portion of the NE ¼ of the NE ¼ of Section 7, all in Township 16 North, Range 14 East, Winston County, Mississippi. This sale contains and estimated volume of 344,341 board feet of pine sawtimber, 4 cords of pine chip-n-saw, and 7 cords of pine pulpwood.

Bid 1: The Woodland Investment Group – Enterprise, MS $80,369.00 Bid 2: Hankins Lumber Company, Inc. – Grenada, MS $68,976.67 Bid 3: Rives Brothers – Sturgis, MS $63,845.53 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 16 of 19

Timber Sale No. 11-02PP, Talking Warrior Unit, John W. Starr Memorial Forest The sale area is approximately 53 acres in size and is located in a portion of the N ½ of the SE ¼ and a portion of the S ½ of the NE ¼ of Section 7, Township 17 North, Range 14 East, Oktibbeha County, Mississippi. This sale contains and estimated volume of 81 cords of pine chip-n-saw, and 727 cords of pine pulpwood.

Bid 1: MidSouth Timber Company, LLC – Columbus, MS $14,742.00 Bid 2: Hayes Hunt Logging, Inc. – Starkville, MS $10,812.00 Bid 3: Evergreen Land & Timber Company – Louisville, MS $ 7,001.00

Staff Recommendation: The Attorney General’s Office has reviewed and approved this item. Board staff recommends approval of this item.

11. MSU – Utility Easement to the East Madison Water Association

Project Request: Mississippi State University requests approval for the granting of a ten (10) foot permanent utility easement and a ten (10) foot temporary easement on 4 acres of land more or less in Madison County, Mississippi to the East Madison Water Association.

Purpose: The permanent utility easement is necessary due to the East Madison Water Association upgrading the water supply lines in northeast Madison County. The university holds a 70-acre tract of land in the upgraded area and the water association has approached the university about the possibility of obtaining an easement along a small stretch of the property adjacent to Walnut Road. The East Madison Water Association proposes to install 6” water line along Walnut Road. The easement shall be a ten (10) foot permanent easement and an additional ten (10) foot temporary easement for construction. There is a small 1500 square foot structure located on the property used to support research and events such as 4H functions, and house equipment. With the installation of the new line, the association will also install a new fire hydrant located at the corner of the property which will greatly assist the area fire department in the event of a fire threat to the structure or property. Mississippi State University is acting in accordance with Board Policy §905(A), Real Estate Management, which requires prior Board approval for the execution of all leases, easements, oil and mineral leases, and timber sales. A copy of the legal description of the easement is on file with the Office of Real Estate and Facilities.

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Staff Recommendation: The Attorney General’s Office has reviewed and approved this item. Board staff recommends approval of this item.

12. UM – Delete from Inventory and Demolish Coy Waller Laboratory Complex- Original Offices

Project Request: The University of Mississippi requests approval to delete the Coy Waller Laboratory Complex – Original Offices from inventory and demolish it.

Purpose: The University of Mississippi is seeking to delete the Coy Waller Laboratory Complex –Original Offices from inventory and demolish it. The building was part of the university’s Medicinal Plant Garden (MPG) Research Facility. During the last two years, new research buildings have been built on the lower portion of the MPG site rendering this small building obsolete. The building sits where a new road is to be built serving a new 63,000 square foot research building. The approval letter has been received from the Mississippi Department of Archives and History. The building will be demolished following notification of and approval from the Mississippi Department of Environmental Quality. All legal documentation will be kept on file in the Office of Real Estate and Facilities. The University of Mississippi is acting in accordance with Board Policy §919 Prerequisites for Building Modification or Demolition, that requires Board approval prior to building modification or demolition.

Staff Recommendation: Board staff recommends approval of this item.

13. USM – Granting of Access and Utilities Easement to W.C. and Linda Maples and Willis C. Maples and Linda G. Maples Trust

Project Request: The University of Southern Mississippi requests approval for the granting of a permanent access and utilities easement across the university’s former golf course property in Forrest County, Mississippi to W.C. and Linda Maples and Willis C. Maples and Linda G. Maples Trust in consideration for a payment of $1,657 for this 20 X 92 easement.

Purpose: The access and utilities easement is necessary to allow adjoining property owners access to the existing public road. The landowners have been using this easement area for many years but were unaware that the property was owned by the university. This error was discovered just recently when the landowner’s property was re-surveyed for construction of a new home. The City of Hattiesburg will not BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 18 of 19

issue the landowners a certificate of occupancy for their home until an access and utilities easement is provided by the university. It is not anticipated that the university would ever use this small strip of land for any university purposes. The University of Southern Mississippi is acting in accordance with Board Policy §905(A), Real Estate Management, which requires prior Board approval for the execution of all leases, easements, oil and mineral leases, and timber sales. A copy of the legal description of the easement is on file with the Office of Real Estate and Facilities.

Staff Recommendation: The Attorney General’s Office has reviewed and approved this item. Board staff recommends approval of this item.

14. ERC – Utility and Right of Way Easement to Gulf South Pipeline Company, LP

Project Request: The Department of Finance and Administration requests approval to grant a ten (10) foot wide permanent utility easement and right-of- way across the Education and Research Center property to Gulf South Pipeline Company. The easement is located adjacent to Ridgewood Road and Eastover Drive in Hinds County, Mississippi and borders the property of the Education and Research Center.

Purpose: The utility easement and right of way is necessary due to the need to upgrade an aging gas line that is in need of replacement. The easement is located at the NE ¼ of NE ¼; SE ¼ of NE ¼; NW ¼ of NE ¼; NE ¼ NW 1/4, Section 25, Township 6 North, Range 1 East, Hinds Co., Mississippi. The utility easement and right of way are for the purposes of constructing, reconstructing, renewing, operating, maintaining, protecting, inspecting, repairing, changing the size of, abandoning-in-place, removing and/or relaying pipeline(s) and conduit(s) for the transmission of communication signals, whether or not related to the aforementioned uses, along a route selected by Gulf South, together with such valves, fittings, meters, corrosion control devices, wires, cables and other equipment and appurtenances, whether above or below ground, as may be necessary or convenient for the transportation of oil, natural gas, petroleum products or any other liquids, gases or substances which can be transported through pipelines, for the protection of said pipeline(s) and conduit(s), or for the maintenance of the Right of Way, with the right of ingress and egress to and from the same, including the use of existing roads, on, over, across, under and through certain land situated in Hinds County, State of Mississippi. The Department of Finance and Administration is acting in accordance with Board Policy §905(A), Real Estate Management, which requires prior Board approval for the execution of all leases, easements, oil and BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE AUGUST 18, 2011 Page 19 of 19

mineral leases, and timber sales. A copy of the legal description of the easement is on file with the Office of Real Estate and Facilities.

Staff Recommendation: Board staff recommends approval of this item.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA LEGAL August 18, 2011 Page 1 of 2

1. MSU - APPROVAL TO HIRE GRUNSKY, EBEY, FARRAR & HOWELL LAW FIRM AS OUTSIDE COUNSEL

Mississippi State requests permission to enter into a one year contract with the firm of Grunsky, Ebey, Farrar & Howell, a professional corporation, located at 240 Westgate Drive, Watsonville, CA, 95076, to provide services necessary in representing the interests of Mississippi State University in a trust litigation matter filed in the probate court in Monterey County, California. The University of Arkansas, Auburn University, Mississippi State University, and the University of Tennessee are the beneficiaries of the Alfred Aydelott Trust that is currently the subject of litigation in probate court in Monterey County, California. Specifically, a relative of the decedent has filed a petition to invalidate the trust amendment allocating $2.4 million to establish and administer a travel award for architecture students. All four universities are in agreement to retain the firm of Grunsky, Ebey, Farrar & Howell located in Watsonville, California, and all four universities will share in the cost of defense. Rates are $400 per hour for Shareholder Attorney time; $300 per hour for Associate Attorneys with 10 years or more experience; $250 per hour for Associate Attorneys with less than 10 years experience; and $175 per hour for paralegal time. Reasonable costs for investigators, consultants and expert witnesses which may be determined by outside counsel to be reasonably necessary shall be reimbursed by the universities. The maximum amount budgeted for payment is $20,000 and the contract will be paid from general funds. The Attorney General has approved this request.

STAFF RECOMMENDATION: Board staff recommends approval of this item.

2. USM - APPROVAL TO HIRE BARRY CANNADA, JOHN HEALY, CARA BAER, HERMANT GUPTA, LANE BELISIMO, BOB MORRIS, AL BRIGHT, BEN ROBERSON AND RYAN O’BEIRNE WITH BUTLER, SNOW, O’MARA, STEVENS & CANNADA LAW FIRM AS OUTSIDE COUNSEL

The University of Southern Mississippi requests Board approval to hire Barry Cannada, John Healy, Cara Baer, Hermant Gupta, Lane Belisimo, Bob Morris, Al Bright, Ben Roberson, and Ryan O’Beirne with Butler, Snow, O’Mara, Stevens & Cannada as outside counsel to represent USM in the filing of applications for patents in the United States and other intellectual property matters. The hourly rates to be charged will be $225.00 for intellectual property/patent work, $215.00 for commercial work, and $85.00 for paralegals. Disbursements will include any long distance telephone charges, delivery charges, photocopy and drawing costs, computer search charges, government filing fees, travel expenses, and the like incurred in connection with this engagement. The approval will be for a period of one year from July 1, 2011, through June 30, 2012. These fees will be paid with funds from indirect costs associated with various University grants and with general funds. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA LEGAL August 18, 2011 Page 2 of 2

The maximum amount budgeted for payment is $50,000. The Attorney General has approved this request.

STAFF RECOMMENDATION: Board staff recommends approval of this item.

3. USM - APPROVAL TO HIRE J. CAL MAYO, JR. AND MARY ANN CONNELL OF MAYO MALLETTE LAW FIRM AS OUTSIDE COUNSEL

The University of Southern Mississippi requests Board approval to hire J. Cal Mayo, Jr. and Mary Ann Connell from the firm of Mayo Mallette PLLC as outside counsel to consult with and represent USM regarding an athletics personnel matter. The hourly rate to be charged will be $165.00 for all work performed pursuant to authority granted. Disbursements will include any long distant charges, delivery charges, photocopy and drawing costs, computer search charges, government filing fees, travel expenses, and the like incurred in connection with this engagement. These fees will be paid with funds from the University’s general operating funds. The maximum amount budgeted for payment is $15,000 and the contract period will not exceed one year. The Attorney General has approved this request.

STAFF RECOMMENDATION: Board staff recommends approval of this item.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL August 18, 2011 Page 1 of 11

APPROVAL OF PERSONNEL ACTION REQUESTS

1. Employment

ASU

Cheryl E. Ponder; Vice President for Student Affairs; salary $120,000 per annum, pro rata; E&G Funds; effective August 1, 2011

JSU

Vivian Lois Fuller; Athletics Director, Department of Athletics; salary of $150,000 per annum, pro rata; E&G Funds; effective August 15, 2011

David Hoard; Vice President for Advancement, salary of $205,000 per annum, pro rata; E&G funds; effective August 1, 2011

MUW

J.H. “Ken” Kennedy, Jr.; part-time Interim Vice President for Institutional Advancement, $60 per hour for an average of 10-12 hours per week; E&G Funds; effective July 20, 2011

MVSU (Hire with Tenure)

John D. Jones, Associate Provost for Institutional Planning Research and Effectiveness and tenured Professor in Education; salary of $118,000 per annum, pro rata; E&G Funds; effective August 15, 2011 (Also included in Tenure section below.)

MVSU

Mary D. Minter; Dean of the College of Professional Studies and Education/Tenured Professor; salary of $95,000 per annum, pro rata; E & G Funds; effective August 17, 2011

Rehired retirees making more than $20,000 who ARE on contract during FY2012

DSU

Gloria Brister; former position: Chair of Speech and Hearing Sciences and Assistant Professor; re-employment position: Interim Chair of Speech and Hearing Sciences and Assistant Professor Emeritus; re-employment period: July 16, 2011-June 30, 2012; annual salary of $38,000 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL August 18, 2011 Page 2 of 11

Henry Outlaw; former position: Chair and Professor of Biological and Physical Sciences; re-employment position: Developmental Officer for Arts and Sciences; re-employment period: July 1, 2011-June 30, 2012; annual salary of $40,000

A.C. Prewitt; former position: Assistant Director of Physical Plant; re-employment position: Facilities Engineer; re-employment period: July 1, 2011-June 30, 2012; annual salary of $22,604

Linda Ross; former position: Director of the H.L. Nowell Union; re-employment position: Director of the H.L. Nowell Union; re-employment period: July 1, 2011-June 30, 2012; annual salary of $24,693

Ann Harland Webster; former position: Assistant Professor of Ed Leadership, Univ. of MS; re-employment position: Director of Delta Project/Adjunct Instructor; re- employment period: July 1, 2011-June 30, 2012; annual salary of $30,000

Carole White; former position: Director of the Thad Cochran Center for Rural Schools and Leadership; re-employment position: Part-time Director of the Thad Cochran Center for Rural Schools and Leadership; re-employment period: July 19, 2011-June 30, 2012; annual salary of $45,000

Kent Wyatt; former position: President; re-employment position: President Emeritus; re- employment period: July 1, 2011-June 30, 2012; annual salary of $59,000

Rehired retirees making more than $20,000 who are NOT on contract during FY2012

ASU

Josephine Posey, former position: Special Assistant to the President on Accreditation Initiatives; re-employment position: ASU History Research Associate; re-employment period: July 1, 2011; Salary of $50,000 per annum, pro rata

Malvin A. Williams, Sr., former position: Interim Intercollegiate Athletics Director; re- employment position: Interim Intercollegiate Athletics Director: re-employment period: July 1, 2011; Salary of $50,000 per annum, pro rata

MSU

Terry Amburgey, former position: Professor; re-employment position: Professor; re- employment period: July 1, 2011 through June 30, 2012; salary of $53,154 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL August 18, 2011 Page 3 of 11

William Bishop, former position: Country Extension Director III; re-employment position: County Extension Director III; re-employment period: July 1, 2011 through June 30, 2012; salary of $34,018

Jimmy Bonner, former position: Extension Water Quality Project Coordinator; re- employment position: Extension Water Quality Project Coordinator: re-employment period: July 1, 2011 through June 30, 2012; salary of $31,308

Philip Bridges, former position: Research Professor: re-employment position: Research Professor; re-employment period: July 1, 2011 through June 30, 2012; salary of $49,244

Susan Bridges, former position: Research Professor; re-employment position: Research Professor; re-employment period: July 1, 2011 through June 30, 2012; salary of $63,318

Peggy Childers, former position: Accountant; re-employment position: Accountant; re- employment period: July 1, 2011 through June 30, 2012; salary of $22,360

Thomas Edwards, former position: Research Professor; re-employment position: Research Professor; re-employment period: July 1, 2011 through June 30, 2012; salary of $36,208

Sandra Harpole, former position: Director; re-employment position: Director; re- employment period: July 1, 2011 through June 30, 2012; salary of $65,937

Roy Higdon, former position: Area Extension Agent IV: re-employment position: Area Extension Agent IV: re-employment period July 1, 2011 through June 30, 2012; salary of $34,152

Michael Howell, former position: Area Extension Agent IV; re-employment position: Area Extension Agent IV; re-employment period: July 1, 2011 through June 30, 2012; salary of $33,881

Harvin Hudson, former position: County Extension Director IV; re-employment position: County Extension Director IV; re-employment period: July 1, 2011 through June 30, 2012; salary of $32,155

Leonard Ingram, former position: Professor; re-employment position: Professor; re- employment period: July 1, 2011 through June 30, 2012; salary of $46,703

Elbron Jones, former position: Lecturer; re-employment position: Lecturer: re- employment period: July 1, 2011 through June 30, 2012; salary of $57,156 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL August 18, 2011 Page 4 of 11

Thomas Keene, former position: Area Extension Agent III: re-employment: Area Extension Agent III; re-employment period: July 1, 2011 through June 30, 2012: salary of $26,807

Deborah Knight, former position: 4-H Museum Educator; re-employment position: 4-H Museum Educator: re-employment period: July 1, 2011 through June 30, 2012; salary of $32,500

Mark Lehman, former position: Lecturer; re-employment position: Lecturer; Re- employment period: July 1, 2011 through June 30, 2012; salary of $37,500

Olin Norton, former position: Associate Research Professor; re-employment position: Associate Research Professor; re-employment period: July 1, 2011 through June 30, 2012; salary of $42,467

Susmita Parikh, former position: Research Associate III; re-employment position: Research Associate III; re-employment period: July 1, 2011 through June 30, 2012; salary of $24,253

Donald Parish, former position: Research Technician; re-employment position: Research Technician; re-employment period: July 1, 2011 through June 30, 2012; salary of $24,350

Janos Radvanyi, former position: Chair, International Security Studies; re-employment position: Chair, International Security Studies; re-employment period: July 1, 2011 through June 30, 2012; salary of $92,063

George Reed, former position: Associate Athletic Director; re-employment position: Associate Athletic Director; re-employment period: July 1, 2011 through June 30, 2012; salary of $46,512

Lynn Reinschmiedt, former position: Interim Associate Vice President; re-employment position: Faculty Credentials Consultant: re-employment period: July 1, 2011 through June 30, 2012; salary of $72,500

Doris Sagley, former position: Administrative Assistant; re-employment position: Administrative Assistant; re-employment period: July 1, 2011 through June 30, 2012; salary of $20,800 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL August 18, 2011 Page 5 of 11

Linda Southward, former position: Research Professor; re-employment position: Research Professor; re-employment period: July 1, 2011 through June 30, 2012; salary of $53,251

Charles Sparrow, former position: Research Professor; re-employment position: Research Professor; re-employment period: July 1, 2011 through June 30, 2012: salary of $42,666

Liston Taylor, former position: Extension Agent I; re-employment position: Extension Agent I; re-employment period: July 1, 2011 through June 30, 2012; salary of $31,355

John Tompkins, former position: MASEP Facilitator; re-employment position: MASEP Facilitator; re-employment period: July 1, 2011 through June 30, 2012; salary of $24,000

UM

Jack P. Adams, former position: Assistant Dean, School of Pharmacy, and Junior College Liaison Officer of the University of Mississippi; re-employment position: Assistant Dean Emeritus – School of Pharmacy; re-employment period: July 1, 2011 through June 30, 2012; salary of $29,172

Walter B. Barnes, former position: Senior Associate Athletic Director for Facility Operations of the University of Mississippi; re-employment position: Assistant Director of Athletic Grounds and Building – Outdoor Facilities; re-employment period: July 1, 2011 through June 30, 2012; salary of $40,560

Robert J. Bishop, former position: Manager of Material Control and Buyer of the University of Mississippi; re-employment position: Senior Supply Clerk; re-employment period: July 1, 2011 through June 30, 2012; salary of $30,244

Brenda P. Brannan, former position: Secretary to the Provost of the University of Mississippi in University, MS; re-employment position: Executive Assistant; re- employment period: July 1, 2011 through June 30, 2012; salary of $25,948

Bonita P. Brown, former position: Assistant Registrar of the University of Mississippi; re-employment position: Project Coordinator; re-employment period: July 1, 2011 through June 30, 2012; salary of $25,002

Thomas R. Brown, former position: Vice Chair & Professor of Clinical Pharmacy Practice & Research Professor in Research Institute of Pharmaceutical Sciences of the University of Mississippi; re-employment position: Professor Emeritus of Student Health Pharmacy; re-employment period: July 1, 2011 through June 30, 2012; salary of $43,098

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL August 18, 2011 Page 6 of 11

Margaret E. Fitts, former position: Teacher at Oxford High School in Oxford, MS; re- employment position: Instructor and Mississippi Scholastic Press Association Director; re-employment period: July 1, 2011 through June 30, 2012; salary of $23,508

Jack N. Garner, former position: Bursar of the University of Mississippi; re-employment position: Project Coordinator; re-employment period: July 1, 2011 through June 30, 2012; salary of $52,062

Emmette F. Hale, III, former position: Associate Vice Chancellor for Information Technology of the University of Mississippi; re-employment position: SAP Consultant; re-employment period: July 1, 2011 through June 30, 2012; salary of $56,222

Robert C. Khayat, former position: Chancellor and Professor of Law of the University of Mississippi: re-employment position: Chancellor Emeritus; re-employment period: July 1, 2011 through June 30, 2012; salary of $160,875

Barbara A. Lago, former position: Director of Media and Public Relations of the University of Mississippi; re-employment position: Communications Specialist; re- employment period: July 1, 2011 through June 30, 2012; salary of $22,152

Barbara B. Leeton, former position: Assistant to the Dean of the University of Mississippi; re-employment position: Assistant to the Dean; re-employment period: July 1, 2011 through June 30, 2012; salary of $35,756

William R. Oliphant, former position: Assistant Provost, Visiting Associate Professor of Legal Studies, and Pre-Law Advisor of the University of Mississippi; re-employment position: Associate Provost and Pre-Law Advisor; re-employment period: July 1, 2011 through June 30, 2012; salary of $78,000

Jon F. Parcher, former position: Research Professor and Visiting Professor of Chemistry & Biochemistry of the University of Mississippi; re-employment position: Research Professor; re-employment period: July 1, 2011 through June 30, 2012; salary of $24,000

Albert D. Powell, Jr., former position: Staff Physician of the University of Mississippi; re-employment position: Staff Physician; re-employment period: July 1, 2011 through June 30, 2012; salary of $60,632

David G. Roach, former position: Director of Mississippi Center for Supercomputing Research of the University of Mississippi: re-employment position: Supercomputer Consultant II; re-employment period: July 1, 2011 through June 30, 2012; salary of $46,800

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL August 18, 2011 Page 7 of 11

Langston Rogers, former position: Senior Associate Athletic Director for Athletic Media Relations of the University of Mississippi; re-employment position: Associate Athletic Director Media Relations; re-employment period: July 1, 2011 through June 30, 2012; salary of $39,146

William W. Rowland, former position: Systems Administrator of the University of Mississippi; re-employment position: Systems Administrator; re-employment period: July 1, 2011 through June 30, 2012; salary of $28,080

James M. Sabatier, former position: Principle Scientist and Research Professor of Physics of the University of Mississippi; re-employment position: Principle Scientist; re- employment period: July 1, 2011 through June 30, 2012; salary of $110,760

James W. Speck, former position – Staff Physician of the University of Mississippi in University, MS; re-employment position – Staff Physician; re-employment period: July 1, 2011 through June 30, 2012; salary of $60,632

Judith A. Thompson, former position: Teacher at Oxford High School in Oxford, MS; re- employment position: Visiting Assistant Professor; re-employment period: July 1, 2011 through June 30, 2012; salary of $25,493

Patricia C. Treloar, former position: Acting Director of Developmental Studies and Instructor in Mathematics of the University of Mississippi; re-employment position: Director of Developmental Studies; re-employment period: July 1, 2011 through June 30, 2012; salary of $32,625

Sam Shu-Yi Wang, former position: Director, National Center for Computational Hydroscience and Engineering and F.A.P. Barnard Distinguished Professor of Mechanical Engineering of the University of Mississippi; re-employment position: Principle Scientist; re-employment period: July 1, 2011 through June 30, 2012; salary of $102,194

David K. Wells, former position: Senior Associate Athletic Director for Compliance of the University of Mississippi; re-employment position – Associate Athletic Director for Compliance; re-employment period: July 1, 2011 through June 30, 2012; salary of $42,245

Brenda C. Wimberly, former position: Manager of Administrative System Development of the University of Mississippi; re-employment position: Systems Analyst IV; re- employment period: July 1, 2011 through June 30, 2012; salary of $28,184

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL August 18, 2011 Page 8 of 11

2. Change of Status

ASU

Carolyn Hinton; from Interim Vice President for Finance and Administrative Services; salary of $130,000; E&G Funds; to Vice President for Fiscal Affairs; no change in salary; effective August 1, 2011

Betty J. Roberts; from Vice President for Administrative Affairs; salary of $150,000 per annum, pro rata; E&G Funds; to Senior Vice President /Chief Financial Officer; salary of $170,000, per annum, pro rata; E&G Funds; effective August 1, 2011

Marcus Ward; from Chief of Staff; salary of $100,000 per annum, pro rata; E&G Funds; to Vice President for Institutional Affairs; salary of $115,000 per annum, pro rata; E&G Funds; effective August 1, 2011

Samuel L. White; from Vice President for Academic Affairs; salary of $130,520 per annum, pro rata; E&G Funds; to Executive Vice President/Provost; salary of $180,000 per annum, pro rata; E&G Funds; effective August 1, 2011

JSU

Marcus Chanay; from Associate Vice President for Student Life; $120,000 per annum, pro rata; E&G Funds; to Vice President for Student Life; salary of $125,000 per annum, pro rata; E&G Funds; effective July 1, 2011

James C. Renick; from Executive Assistant to the President for Special Initiatives; salary of $125,000 per annum, pro rata; E&G Funds; to Senior Executive Assistant to the President for Special Initiatives; no change in salary; effective July 1, 2011

Michael Thomas, from Interim Vice President for Business/Finance; salary of $130,000 per annum, pro rata; E&G Funds; to Vice President for Business/Finance; salary of $140,000 per annum, pro rata; E&G Funds; effective July 1, 2011

Robert Walker; from Interim Senior Advisor to the President and Interim Athletic Director, salary $130,000 per annum, pro rata; E&G Funds; to Executive Assistant to the President for Community Relations; $110,00 per annum, pro rata; E&G Funds; effective July 1, 2011

MSU

George Hopper, from Professor and Dean, College of Forest Resources; Director, Forest and Wildlife Research Center; Interim Dean, College of Agriculture and Life Sciences; BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL August 18, 2011 Page 9 of 11

and Interim Director, Mississippi Agriculture and Forestry Experiment Station, $234,000 per annum, pro rata, E&G Funds; to Dean, College of Agriculture and Life Sciences; Professor and Dean, College of Forest Resources; Director, Mississippi Agricultural and Forestry Experiment Station; and Director, Forest and Wildlife Research Center, $234,000 per annum, pro rata, E&G Funds; effective August 19, 2011 to June 30, 2012

MVSU

Samuel D. Shingles, from Associate Professor for Academic Administration/Strategies and Innovation; salary of $80,000 per annum, pro rata; E&G Funds; to Assistant Provost/Dean of the College of Undergraduate Studies and tenured Professor in Music; salary of $90,000 per annum, pro rata; E&G Funds; effective August 15, 2011 (See Tenure below for additional information.)

3. Sabbaticals

MSU (MSU requested a change in the sabbatical periods previously approved by the Board in March 2011 for two faculty. As a result of timing, the salaries also changed due to increases approved for FY 2012. The original submission and the revised version for each are reflected below.)

Original submission: Anatolijs Afanasjevs, Professor, Physics and Astronomy, from salary of $71,899 per annum, pro rata; E&G funds; to salary of $35,949.50 per annum, pro rata for sabbatical period; E&G Funds; effective August 16, 2011 to May 15, 2012; professional development

Revised for August 2011 Board consideration: Anatolijs Afanasjevs, Professor, Physics and Astronomy, from salary of $75,409 per annum annum, pro rata; E&G; to salary of $37,705 per annum, pro rata for sabbatical period; E&G Funds; effective January 1, 2012 to May 15, 2012; professional improvement

Original submission: Steven H. Elder, Professor, Agricultural and Biological Engineering, from salary of $93,419 per annum, pro rata; E&G funds; to salary of $46,709.50 per annum, pro rata for sabbatical period; E&G Funds; effective August 16, 2011 to December 31, 2011; professional development

Revised for August 2011 Board consideration: Steven H. Elder, Professor, Agricultural and Biological Engineering, from salary of $98,076 per annum, pro rata; E&G Funds; to salary of $49,038 per annum, pro rata for sabbatical period; E&G Funds; effective January 1, 2012 to May 15, 2012; professional development

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL August 18, 2011 Page 10 of 11

4. Tenure

DSU (Hire with Tenure)

Jeanne Holland; Associate Professor of Teacher Education in the Division of Teacher Education, Leadership and Research; salary of $50,500 per annum, pro rata; E&G Funds; hired with tenure; effective August 18, 2011

MSU (Hires with Tenure)

J. Mike Phillips, Professor and Head, Plant and Soil Sciences, salary of $140,000 per annum, pro rata; E&G Funds; hired with tenure; effective August 1, 2011

Steven F. Brown, Dean and Associate Vice President of Meridian Campus, and Professor, Music, Meridian Campus, salary of $160,000 per annum, pro rata; E&G Funds; hired with tenure; effective October 1, 2011

MVSU (Hires with Tenure)

John D. Jones, Associate Provost for Institutional Planning Research and Effectiveness and tenured Professor in Education; salary of $118,000 per annum, pro rata; E&G Funds; effective August 15, 2011 (Also included in Employment section above.)

Samuel D. Shingles; MVSU stipulates that Dr. Shingles should have been granted tenure at the time of his hire on July 1, 2009; however, this was not included in the submission of the agenda item for the Board of Trustees’ June 2009 meeting. MVSU indicates this was an oversight and is now requesting Dr. Shingles be granted tenure. (See Change of Status for related item.)

MVSU

Lawrence Gulley, Professor of Accounting and Department Chair of Business, effective August 2011

Deborah Ford, Professor, Department of English and Foreign Language, effective August 2011

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL August 18, 2011 Page 11 of 11

5. Terminations

ASU

Carmencita Hannah-Willis; Associate Vice President for Student Affairs; effective April 29, 2011

MUW

Gary Bouse; Vice President for Institutional Advancement; effective July 31, 2011

REGULAR AGENDAS

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA BUDGET August 18, 2011 Page 1 of 2

1. MUW – REQUEST FOR APPROVAL OF FACILITIES MANAGEMENT AGREEMENT Agenda Item Request: Mississippi University for Women (MUW) requests approval to enter into a new agreement with Sodexo America, LLC for management and operation of its facilities (physical plant) department.

Contractor’s Legal Name: Sodexo America, LLC (aka Sodexo Operations, LLC)

History of Contract: MUW’s current management and operations have been contracted to Sodexo since September 2005 and expires August 31, 2011. The original contract was approved by the Board in July 2005 with the most recent amendment approved in April 2010. The total cost of the contract is $2,663,690. Through a Request for Proposal process, MUW selected Sodexo as the preferred contractor for the upcoming period. A new contractual agreement is being initiated for the period effective September 1, 2011.

Specific type of contract: Outsourcing Service Agreement

Purpose: The purpose of the contract is to provide management and operations service for the facilities department at MUW for a period of four-years and ten-months.

Scope of Work: Scope of work includes management and operation services for campus facilities, including, but not limited to, plant operations and management, custodial care, grounds keeping, utility monitoring and management, and asset and material management, such as:  Dedicating approximately forty-nine (49) FTE positions to this service,  Updating the Facilities Capital Action Plan that identifies deferred maintenance,  Updating computerized maintenance management module that will provide MUW with a system that records service requests, schedules planned maintenance, schedules preventive maintenance, tracks expense associated with repairs and maintenance and tracks employee productivity for each facility,  Continuing development efforts to an ongoing comprehensive energy conservation strategy that supports MUW’s Master Plan,  Reviewing campus compliance with current ADA requirements, and  Supporting service requests for all special functions, including: Welty Gala, Commencement, Alumni Weekend, etc.

MUW will be responsible for all utilities, trash removal services, exterior and interior window washing, and all necessary vehicles for use in providing the services by Sodexo and the maintenance thereof. MUW will also continue to provide suitable office space for use by Sodexo and storage space for equipment and supplies.

Term of contract: The term of the fifty-eight (58) month contract is from September 1, 2011 through June 30, 2016. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA BUDGET August 18, 2011 Page 2 of 2

Termination Options: Either party may terminate the agreement at any time upon giving sixty (60) days prior written notice to the other party.

Contract Amount: The annualized cost for the first term of this agreement is $2,467,761. Commencing July 1, 2012 and annually thereafter, the parties agree under this contract that the annual contract price shall be adjusted if there is an increase in the CPI for all Urban consumers (current series) during the prior twelve month period. Any increase will be based upon the percentage increase of the CPI for all Urban consumers (current series), averaged for the prior twelve (12) month period.

Funding Source for Contract: The contract will be funded by education and general (E&G) funds with all applicable charges billed to the auxiliary and restricted fund units.

Contractor Selection Process: MUW issued a Request for Purchase (RFP) to select the proposed contractor. The RFP committee reviewed four (4) proposals and selected Sodexo as the lowest and best proposal. Proposals were received from the following vendors:

 Mississippi State University - $3,091,514,  GCA Services Group, Inc. - $2,968,200,  UGL Limited - $2,538,360, and  Sodexo America, LLC - $2,467,761.

Sodexo was the lowest bidder. MUW has had an existing relationship with the institution since 2005 and has had an excellent experience with cost savings to the university demonstrated on several levels, especially in the areas of inventory control and energy conservation.

Staff Recommendation: Based on Board Policy 707.01, Land, Property, and Service Contracts, Board approval prior to execution of all contracts greater than $250,000 is required. Pending changes recommended by the Attorney General’s Office to the agreement, Board staff recommends approval of this item.

2. SYSTEM – AYERS ACCOUNTABILITY MANUAL

In accordance with the JAKE AYERS, JR. ET.AL. and United States of America v RONNIE MUSGROVE, GOVERNOR, STATE OF MISSISSIPPI, ET.AL. Settlement (aka: Ayers Settlement Agreement), the Board, through its counsel, shall provide to lead counsel for the private plaintiffs and counsel for the United States an annual disclosure report reflecting specified line-item information. This document is due October 1 of each year.

STAFF RECOMMENDATION: The Ayers Accountability Manual has been reviewed and approved by the Assistant Commissioner for Legal Affairs. Board staff recommends approval of the Ayers Accountability Manual.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA REAL ESTATE AUGUST 18, 2011 Page 1 of 10

Note: Project numbers beginning with the prefix "GS" designate projects that the Bureau of Building provides management oversight for and are funded partially or wholly with state Bureau of Building bond revenues. Project numbers beginning with the prefix "IHL" designate projects that are funded from university self-generated sources including but not limited to donations, fees, and grants.

Board Policy §902, Initiation of Construction Projects

The Board must approve the initiation of a project for the construction of new facilities, repairs and renovations to existing facilities and requests for a capital outlay with a total project budget exceeding $1,000,000 regardless of how the projects are financed. It is the intent of the Board that its appropriate staff under the direction of the Commissioner shall be involved in all phases of building projects requiring approval by the Board. All construction, repairs, and renovation projects with a total budget of $1,000,000 or less may be approved by the Institutional Executive Officer. However, all projects utilizing any state bond funds, including Ayers funds, must be initiated with STAFF approval from the Office of Real Estate and Facilities. No further approvals are required by IHL staff for projects of $1,000,000 or less unless the budget changes. All budget changes for these projects must be reported to the Office of Real Estate and Facilities.

Board Policy §904(A), Board Approval

When funding has been secured from whatever source, each institution shall bring all new projects to the Board for the approval of the project initiation and the appointment of a design professional, as required in Board Policy §902, Initiation of Construction Projects. This request shall include a detailed description of the work to be accomplished, the total budget, the funding source and the design professional recommended to the Board for approval.

After the Board has granted approval of both the initiation of a project and the appointment of a design professional, no further Board action or approval is required for the completion of the project if the following conditions are met:

1. The detailed description of the work to be accomplished, as specifically approved by the Board within the project initiation, has not changed. 2. The total project budget has not increased beyond the amount specifically approved by the Board as part of the project initiation; 3. The funding source has not changed from that specifically approved by the Board as part of the project initiation; and 4. The design professional previously approved by the Board has not changed.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA REAL ESTATE AUGUST 18, 2011 Page 2 of 10

If the above four conditions have been met, the Board’s Real Estate and Facilities staff, through the Commissioner, shall have the authority to approve any and all necessary documents related to the completion of the subject construction project, including the approval of construction documents, the advertisement and receipt of bids, the approval of a bid, the award of a contract and any change orders.

Prior to the commencement of construction, the Board must approve the exterior design of the major buildings that have aesthetic impact on the overall campus, regardless of the cost of the project. This requirement applies to all buildings and facilities on an institution’s property even if the land is leased to an institution’s affiliated entity or a private developer.

Board Policy §905(A), Real Estate Management

Prior Board approval is required for the execution of all leases, easements, oil and mineral leases, and timber sales. Board approval prior to the execution of a contract for the sale of real property is required for all land sales, regardless of the sale price. Prior Board approval is required for the execution of all leases, easements, oil and mineral leases, and timber sales. Request for approval of land contracts shall include property descriptions, terms of purchase, lease, or sale and intended use of the property. An institution acquiring or disposing of real property shall receive two independent appraisals. The purchase price of property to be acquired shall not exceed the average of the two appraisals. The sale price of real property shall be no less than the average of the two appraisals.

Board Policy §905(B), Real Estate Management

Prior to Board consideration of the purchase or acceptance of real estate from any source, a Phase I or more detail Environmental Report shall be completed by qualified personnel and submitted to the Board’s Real Estate and Facilities Office. In the event hazardous substances are confirmed as having existed in the past or as presently existing, the Board reserves the right to cancel the transaction without liability, or to permit the other party or parties to remove the hazardous substances at its or their expense in a manner sufficient to receive a “no further action” letter from the State’s Department of Environmental Quality.

Board Policy §917, Naming Buildings and Facilities Board approval must be obtained prior to naming or re-naming any institutional building or facility. Board approval must also be obtained prior to naming or renaming any building or facility built on university property leased to a university affiliated entity, a private developer or any other individual or entity.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA REAL ESTATE AUGUST 18, 2011 Page 3 of 10

APPROVAL OF INITIATIONS OF PROJECTS/APPOINTMENTS OF PROFESSIONALS

BUREAU OF BUILDING PROJECTS

1. ASU – GS 101-261 – Rowan Hall Renovations

Project Request: Alcorn State University requests approval to initiate a project, Rowan Hall Renovations, and to appoint Duval Decker as design professional.

Proposed Design Professional: Duval Decker

Purpose: Alcorn State University plans to renovate Rowan Hall in order to make the building a safe, modern, and accessible student health facility for the Alcorn community. The project will include both interior and exterior renovations of Rowan Hall, removal of hazardous materials, mechanical systems improvements, energy improvements, and landscaping. This will be the building’s first major renovation since its original construction. The building is currently unoccupied due to water infiltration which has caused mold in the building. The exterior brick of the building is also beginning to fall off. The university plans to renovate Rowan Hall to become the home of the university’s Student Health Center. Alcorn State University is seeking to initiate the project and appoint the design professional in accordance with Board Policy §904(A), Board Approval, that requires each institution to bring all new projects to the Board for the approval of the project initiation and the appointment of a design professional, as required in Board Policy §902, Initiation of Construction Projects.

Project Initiation Date: August 18, 2011

Date of Original Construction: 1928

Date of Last Renovation: First major renovation of the building

Proposed Project Budget: Estimated Construction Cost: $1,720,000.00 Architectural and Engineering Fees: 140,000.00 Miscellaneous Project Costs: 40,000.00 Contingency: 100,000.00

Total Project Budget $2,000,000.00 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA REAL ESTATE AUGUST 18, 2011 Page 4 of 10

Proposed Funding Source(s): HB 1722, Laws of 2009 ($850,000); HB 1701, Laws of 2010 ($1,150,000)

Staff Recommendation: Board staff recommends approval of this item.

2. ASU – GS 101-288 – Bowles Hall Renovations

Project Request: Alcorn State University requests approval to initiate a project, Bowles Hall Renovations, and to appoint a design professional through the “Request for Qualification” method.

Proposed Design Professional: To be determined through RFQ method

Purpose: Alcorn State University plans to renovate Bowles Hall in order to make the building a safe, modern, and accessible facility. The project will include both interior and exterior renovations of Bowles Hall, removal of hazardous materials, mechanical systems improvements, energy improvements, and landscaping. The building is currently being used as a mixed use facility containing classrooms, labs, and administrative space. The university plans to renovate Bowles Hall and use it as an administration building and plans to relocate the existing five (5) classrooms and two (2) labs in Bowles Hall. Over the past two years, the university has minimized the number of classes held in this facility due to water penetration down the parapet wall and around windows. The classroom and lab space in Bowles Hall will be relocated to the Biotechnology Math and Science Building and the Walter Washington Building. Alcorn State plans to accommodate the increased space demand for these classrooms through more efficient scheduling practices. Alcorn State University is seeking to initiate the project and appoint the design professional in accordance with Board Policy §904(A), Board Approval, that requires each institution to bring all new projects to the Board for the approval of the project initiation and the appointment of a design professional, as required in Board Policy §902, Initiation of Construction Projects.

Project Initiation Date: August 18, 2011

Date of Original Construction: 1929

Date of Last Renovation: 2005

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Proposed Project Budget: Estimated Construction Cost: $4,730,000.00 Architectural and Engineering Fees: 385,000.00 Miscellaneous Project Costs: 110,000.00 Contingency: 275,000.00

Total Project Budget $5,500,000.00

Proposed Funding Source(s): SB 3100, Laws of 2011 ($5,500,000)

Staff Recommendation: Board staff recommends approval of this item.

3. UM – GS 107-308 – Student Union Addition and Renovation

Project Request: The University of Mississippi requests approval to initiate a project, Student Union Addition and Renovation, and to appoint a design professional through the “Request for Qualification” method.

Proposed Design Professional: N/A

Purpose: The Student Union project will include an addition to increase available space and a significant renovation to existing space. The university currently has $10 million dollars in state bond funds available for the design phase of the project and is seeking to initiate the project so that it can proceed through the design phase of the project. The university will be required to seek future approval to use the Educational Building Corporation (EBC) bond process. The budget for this project is contingent upon IHL’s Budget Committee’s approval of the university’s request to use Educational Building Corporation (EBC) bond funds as a funding source for this project and the Board’s approval of future student fee increases.

The University of Mississippi Student Union has served as the center of campus life since 1977. Since that time, the Oxford campus enrollment has grown from 8,400 to more than 15,500 and is expected to exceed 16,000 this fall. In addition to serving as a major dining facility, housing the bookstore and US Post Office, the Union also serves as a meeting location for the two-hundred and fifty-one (251) student organizations on campus. Adequate capacity does not exist for either the types of meeting space needed or the large number of users. As the Student Union exists BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA REAL ESTATE AUGUST 18, 2011 Page 6 of 10

today, it is outdated and inadequate in meeting the needs of a rapidly growing, active and diverse student body. Assisted by WTW Architects, the leader in student union construction and development, the university has carefully reviewed its Student Union facility needs through gap analysis, focus groups, and meetings with university student leaders and administrators. Inadequacies were noted in providing activity areas, office space for students and student service personnel, food service and retail outlets, and common gathering space. As noted above, the university intends to renovate the existing structure and construct additional square footage. These changes will update and expand the Student Union facility so that it will appropriately accommodate and efficiently serve the current student body and provide flexibility for enrollment growth for several decades. The University of Mississippi is seeking approval to initiate the project in accordance with Board Policy §904(A), Board Approval, that requires each institution to bring all new projects to the Board for the approval of the project initiation and the appointment of a design professional, as required in Board Policy §902, Initiation of Construction Projects. Project Initiation Date: August 18, 2011

Date of Original Construction: 1977

Date of Last Renovation:

Project Budget: Estimated Construction Cost: $43,500,000.00 Architectural and Engineering Fees: 3,697,500.00 Miscellaneous Project Costs: 2,583,700.00 Contingency: 218,800.00

Total Project Budget $50,000,000.00

Proposed Funding Source(s): SB 3100, Laws of 2011 ($10,000,000); Pending approval of UM EBC bond funds ($28,873,000); Private Auxiliary Enterprises (1,150,000); Auxiliary R&R ($3,000,000); Private donations ($40,000); Internal R&R ($4,000,000); Pending approval of proposed student fees ($2,900,000)

Staff Recommendation: Board staff recommends approval of this item.

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APPROVAL OF OTHER REAL ESTATE REQUESTS

4. ASU – Re-naming of Jack Spinks Stadium to Casem-Spinks Stadium

Project Request: Alcorn State University requests approval to re-name the football stadium from Jack Spinks Stadium to the Marino Casem – Jack Spinks (Casem- Spinks) Stadium.

Purpose: Alcorn State University wishes to honor the accomplishment, leadership, and dedication of an Alcorn legend, Mississippi marvel and icon of collegiate athletics: Marino “The Godfather” Casem. Casem was born in Memphis, Tennessee in 1934. In 1964, he was hired as the head football coach at Alcorn State University. He served as the head football coach for 22 years from 1964 to 1985. He was also Alcorn State’s Athletic Director from 1966 to 1986. During Casem’s tenure, Alcorn State won seven Southwest Athletic Conference (SWAC) football championships and seven Black College National Championships. In 1984, Casem led Alcorn State to a perfect 9-0 regular season. The team was ranked number 1 in the final NCAA Division I-AA poll, the first time a black college had ever finished the regular season in that position. Casem compiled a record of 139-70-8 making him the all time winningest coach in Alcorn State University history. Casem’s legendary legacy of leadership, achievement and courage serves as an inspiration for student athletes in their pursuit of championship, their desire for distinction through extracurricular involvement, and their passion for excellence. To make a long overdue acknowledgement of Marino Casem’s many contributions and commitment to collegiate athletics, Alcorn State University, the State of Mississippi and the advancement of higher education in the nation and around the world; Alcorn State University respectfully requests the renaming of the Jack Spinks Stadium to the Casem-Spinks Stadium. Alcorn State University is acting in accordance with Board Policy §917, Naming Buildings and Facilities, that requires Board approval be obtained prior to naming or re-naming any institutional building or facility Staff Recommendation: Board staff recommends approval of this item.

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5. MSU – Approval of Exterior Design of the Football Facility

Project Request: Mississippi State requests approval of the exterior design of the Football Facility. (See Rendering of Building on Page 9)

Purpose: Mississippi State University requests approval of the exterior design of the new football facility. The current project is funded through the MSU Athletic Department and includes the construction of a new 80,000 square foot football facility. The football facility will include spaces for strength and conditioning, a sports medicine complex, locker room facilities, football offices, conference rooms, player position rooms, multi-purpose space and an auditorium. The building will be located between the Palmeiro Center and the existing football practice fields. The building will provide an attractive home which will allow the football operations to reduce from six buildings to essentially two. The site and building are being designed in accordance with the proposed MSU Master Plan and sustainable building concepts when cost effective. The ground lease for this facility was approved by the Board at the June 16, 2011 Board meeting. The project is expected to begin in September 2011 with an estimated completion date of December 2012. Mississippi State University is seeking approval of the exterior design of the building in accordance with Board Policy §904(A), Board Approval, that requires the Board to approve the exterior design of the major buildings that have aesthetic impact on the overall campus, regardless of the cost of the project.

Funding Source(s): MSU Bulldog Club

Staff Recommendation: Board staff recommends approval of this item.

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6. MSU – Approval of Purchase of Property in Oktibbeha County, MS from the MSU Foundation, Inc.

Project Request: Mississippi State University requests approval to purchase approximately 31.64 acres of land and a residential improvement designated as the Longest Estate in Oktibbeha County, Mississippi from the Mississippi State University Foundation, Inc. for $3,900,000 which is the average of the two appraisals.

Purpose: Mississippi State University is seeking to purchase approximately 31.64 acres of land and approximately 3300 square feet of residential improvements designated as the Longest Estate in Oktibbeha County, Mississippi. The property is being purchased by Mississippi State for future development. The closing date shall be on or before August 30, 2011.

The property currently is 31.64 acres of land and a residential improvement located at 970 Longest Drive, Starkville, on the south side of Highway 182 in Oktibbeha County, Mississippi. The property borders the Mississippi State University campus. Tract 1 of the property is located at the N ½ of the SE ¼ of the SW ¼ and all parts of the NE ¼ of the SW ¼ of Section 36, Township 19 North, Range 14 East of Oktibbeha County, Mississippi. Tract 2 of the property is located at the SW corner of the N ½ of the SE ¼ of the SW ¼ of Section 36 Township 19 North, Range 14 East of BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA REAL ESTATE AUGUST 18, 2011 Page 10 of 10

Oktibbeha County, Mississippi. Homestead is located at the SW ¼ of Section 36, Township 19 North, Range 14 East of Oktibbeha County, Mississippi

Mississippi State University received two independent property appraisals. The average of the two appraisals is $3,900,000 which is the purchase price of the property. Also, a Phase I Environmental Site Assessment (ESA) has been conducted on Tract 1, Tract 2, and the residential homestead tract of the property. No adverse environmental impacts to the subject property were apparent as a result of past and present possessions of title.

A copy of the property description and all legal documentation are on file with the Office of Real Estate and Facilities. Mississippi State University is acting in accordance with Board Policy §905(A), Real Estate Management, that requires an institution acquiring or disposing of real property to receive two independent appraisals. The purchase price of property to be acquired shall not exceed the average of the two appraisals. The university is also acting in accordance with Board Policy §905(B), Real Estate Management, that requires a Phase I or more detailed environmental report be completed by a qualified personnel and submitted to the Board’s Real Estate and Facilities Office.

Funding Source(s): O & M Reserves ($3,900,000)

Staff Recommendation: The Attorney General’s Office has reviewed and approved this item. Board staff recommends approval of this item.

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1. ASU - APPROVAL OF WAIVER OF BOARD POLICY REQUIREMENT AND OF JUSTIFICATION OF PROPOSED PURCHASE PRICE OF PROPERTY ADJACENT TO THE LORMAN, MS CAMPUS

Alcorn State University has the opportunity to purchase approximately 6.62 acres of land on the Claiborne and Jefferson County, Mississippi line along Highway 552 from Dr. Eugene Spencer, Jr. The property is located in Section 6, Township 10 North, Range 1, East of Jefferson County, Mississippi. The subject property is just outside the front entrance of the ASU Lorman campus. A copy of the property description is on file with the Office of Real Estate and Facilities. It is critical to the safety and security of students, faculty, and staff that a buffer zone be retained between the university and area businesses and homes. The purchase of this property would help provide that buffer zone. The property will also play a pivotal role in the university achieving its master plan goal of building a loop road to improve campus access and egress.

Two appraisals and a Phase 1 Environmental Site Assessment have been obtained on the property. The Phase 1 Environmental Assessment’s conclusion stated that it revealed no evidence of any recognized environmental conditions associated with the subject property. However, the proposed purchase price will exceed the average of the two appraisals. Even so, the proposed purchase price represents a price that ASU believes to be reasonable and prudent, and in the best interests of ASU and the public. Reasonable negotiation efforts were made between ASU and the current land owner to attempt to purchase the property for the appraised value, but such negotiations failed. Therefore, the university requests an exception to part of Board Policy §905(A), Real Estate Management, which requires that when acquiring real property, an institution’s purchase price of the property may not exceed the average of two appraisals. As a pending land transaction, this matter, including the specifics as to the justification for the proposed price, will be presented to the Board in executive session.

STAFF RECOMMENDATION: Board staff recommends approval of this item.

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2. MUW - APPROVAL OF PROPOSED AFFILIATION AGREEMENT BETWEEN MISSISSIPPI UNIVERSITY FOR WOMEN AND THE MISSISSIPPI UNIVERSITY FOR WOMEN ALUMNI ASSOCIATION

MUW requests Board approval of the below proposed affiliation agreement (Agreement), between Mississippi University for Women (the University), and the Mississippi University for Women Alumni Association (the Association). This proposed Agreement has been reviewed and approved by the Attorney General’s Office and complies with the requirements of Board Policy 301.0806 University Foundation/Affiliated Entity Activities.

RECITALS

1. This Agreement is mandated by the Board of Trustees of the State Institutions of\ Higher Learning (IHL), as set forth in IHL Policy 301.0806.

2. The University is a state institution of higher learning established pursuant to the laws of the State of Mississippi. The Association is a Mississippi non-profit corporation and is recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code.

3. The University has a strong interest in maintaining a favorable relationship with its graduates, former students, and friends of the University.

4. The Association exists to promote the mission of the University by (i) establishing and maintaining a quality relationship between the University and its alumni, former students, and friends; (ii) service to the University through awards and other appropriate recognition to students, alumni, and faculty for their contributions to the University and community, and (iii) promoting the general welfare and interests of the University by alumni service to the University.

5. The Association serves the University by attracting, organizing, and encouraging graduates, former students, and friends throughout Mississippi and the world to advance the University’s mission.

6. The University and the Association desire to interact and cooperate to serve the interests of the University.

7. The Association requires services from the University. The University is willing and able to provide those services to the Association. This relationship benefits not only BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 3 of 39

the Association, but the University by facilitating the Association’s achievement of the Association’s mission to benefit the University.

8. The University and the Association, by this Agreement, recognize the relationship between the University and the Association, clarify the respective rights and responsibilities of the University and the Association, and identify emerging areas of collaboration.

9. The University and the Association desire to define the arrangements concerning services, use of facilities, and activities as set forth in this Agreement.

In consideration of these recitals and the mutual covenants contained in this Agreement, the University and the Association agree, as follows:

ARTICLE 1. RELATIONSHIP, PERSONNEL AND SERVICES

The Association may use, with the approval of the University President, such administrative, professional, and other University employees from time to time as are needed to carry out the purposes of the Association as agreed by the University.

ARTICLE 2. THE ASSOCIATION’S OBLIGATIONS

2.1 The Association agrees to provide an organizational framework for volunteer service to the University through geographic area alumni groups or special interest alumni groups. The Association will serve as the most widely accessible medium for graduates, former students, and friends of the University to maintain relationships with the University. Nothing in this Agreement shall be construed to give the Association control of or authority over other affiliates supporting the University and its constituent units. The Association will work cooperatively and in good faith with these organizations to promote the interests of the University and its relationship with its alumni.

2.2 The Association agrees that it will use its resources for the sole and express purpose of advancing the University’s mission. The Association further agrees that it may not amend its Articles of Incorporation or By-Laws during the life of this Agreement unless the University consents to the proposed amendment.

2.3 The Association agrees to provide volunteers to serve the University and to assist the University in developing and supporting programs and services, including, BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 4 of 39

but not limited to, administration, maintenance, and enhancement of the alumni data base; operation of homecoming and reunion programs; maintenance of a faculty awards; participation in advancement endeavors; maintenance of a career services program; maintenance of programs serving the University's student population; and participation in scholarship programs, award recognition programs, student recruitment programs, and special events. 2.4 At least thirty days before the end of each Fiscal Year (June 30) during this Agreement, the Association shall submit an annual budget for the forthcoming Fiscal Year to the University President.

2.5 The Association must cause to be prepared annual financial statements of the condition of the Association, which shall include such detail as the IHL Board may from time to time require. The Association must also engage a Certified Public Accounting (CPA) firm to perform annual audits of the Association’s annual financial statements. The Association shall submit the audited financial statements, along with a list of Association officers, directors or trustees, not later than five months following the completion of the Association’s fiscal year, to the University President and to IHL. However, the annual audited financial statement of the Association may be required for inclusion in the State of Mississippi’s Comprehensive Annual Financial Report (CAFR). If the Association will be required to submit annual audited financial statements for inclusion in the CAFR, as determined by the IHL Board’s Deputy Commissioner of Finance and Administration and the external auditing firm hired to perform the annual IHL system audit, the Association must submit annual audited financial statements to the University President and to the IHL, along with a list of Association officers, directors or trustees, by October 15 of each year. The IHL Board’s Deputy Commissioner of Finance and Administration shall notify the Association of the applicability of the October 15 deadline as far in advance of the deadline as possible each year. The CPA firm to be utilized by the Association must be approved by the IHL Board and all requests for approval of the CPA firm must be submitted to the IHL Board for approval not later than three months prior to the end of the Association’s fiscal year for which the audit will be conducted. Unless approval is specifically granted for multiple years, approval of a firm by the IHL Board for one year does not constitute approval for other years, and requests for approval of the CPA firm must be submitted on an annual basis. However, at the request of the Association, the University President, with the approval of the IHL Board, may grant a request of the Association to waive the requirement of an annual audit by a CPA firm on a showing of adequate grounds, such as a showing that the assets of the Association are so limited as to make the expense of engaging a CPA firm to perform an audit financially burdensome to the Association and unnecessary. Such a waiver may be conditioned upon such other review of the financial records of the Association in lieu of BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 5 of 39

an audit as the University and the IHL may deem feasible. Such a request for a waiver must be accompanied by (a) the most recent annual audited financial statements of the Association (if any such statements exist), (b) the financial statements of the most recently completed fiscal year, (c) a written description of how the Association anticipates that the year-end financial statements for the current year will differ from the financial statements as of the end of the most recently completed fiscal year, and (d) a good faith estimate of the cost of engaging an auditor with respect to the statements. The granting of any request to waive the requirement of an annual audit by a CPA firm approved by the IHL is within the sole discretion of the University and the IHL Board. Any waiver of the audit requirement will apply only for one year, and any request to waive the requirement for the next year should be submitted as outlined above. The Association shall contemporaneously submit an annual report to the University and to the IHL providing a detailed list of supplemental compensation which was submitted to the University for the purpose of providing additional compensation to University employees or paid directly to University employees. This reporting requirement does not apply to transfers to the University by the Association that are paid directly to the University for use by the University to compensate University employees if that compensation is included in the University’s annual budget.

2.6 The Association may not underwrite, pay, or provide additional compensation to the University President or any IHL system office employee without the prior approval of the IHL. Any such request for approval shall be made through the IHL Commissioner to the IHL. Additionally, the Association may not provide or pay compensation to any other University employee without prior approval of the University President, and any such approval shall be reported to the IHL by the Association at the IHL’s next meeting. This provision does not apply to transfers to the University by the Association that are paid directly to the University for use by the University to compensate University employees if that compensation is included in the University’s annual budget.

2.7 The Association acknowledges and agrees that the University owns all copyright, interest in, and right to all trademarks, trade names, logos, and service marks developed by the University, including any trademarks, trade names, logos, and service marks historically associated with or used by the Association. The Association may only use the University’s name, symbols, trademarks, trade names, logos, and service marks consistent with the University policy, including but not limited to any symbols, trademarks, trade names, logos, and service marks developed by the University for use by the Association. Upon termination of this Agreement the Association shall be prohibited BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 6 of 39

from using the name, symbols, trademarks, trade names, logos, and service marks of the University.

2.8 The Association shall enter into an agreement with the Mississippi University for Women Foundation, Inc. (the Foundation), to provide for the Foundation’s receipting and accounting for gifts, membership dues and miscellaneous income designated for the Association, any current local chapters and any local chapters formed by the Association after the date of this Agreement. This agreement between the Foundation and the Association is necessary to assure that any funds are received and accounted for consistent with the policies and practices adopted by the Foundation and consistent with the Affiliation Agreement between the University and the Foundation and to provide for the Foundation’s management on behalf of the Association of all Association assets.

2.9 The Association shall provide the University President reasonable notice of any regular, annual, or special meetings of the Association (including, but not limited to, meetings of the governing board, any committee and the membership), and the University President (or the President’s designee) shall have the right to attend any such meetings.

2.10 The University may from time to time make requests of the Association or seek assistance from the Association in accomplishing the University’s mission, and the Association agrees that it will use its best efforts to provide such assistance.

2.11 The Association has the responsibility as an affiliated entity to use its resources in a responsible and effective manner to further the mission of the University and to support the University.

2.12 To assure that the resources and services provided by the University are expended for the ultimate benefit of the University, as long as this Agreement is in effect, the Association, working with the University Executive Director of Alumni Relations, shall provide to the University, not less often than annually, the following information:

1. A report specifying how the University resources and services were used, and the benefits (both financial and intangible) to the University arising from that use;

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2. A description of proposed activities for the coming year. The description shall be developed with input from and the approval of the University’s Director of Alumni Relations; and

3. The Association’s current financial policies, procedures and controls, if any, as set forth in its Articles of Incorporation or By-Laws.

2.13 The Association agrees to maintain its financial and accounting records, if any, in accordance with generally accepted accounting principles. The records shall be maintained separately from those of the University. The University President shall have the right upon two days’ notice to inspect the books and records of the Association during normal office hours. The Association agrees to retain all books, accounts, reports, files and other records of the Association relating to this Agreement, if any, and make such records available at all reasonable times for inspection and audit by the University, or their agents, during the term of and for a period of five years after the completion of this Agreement. Such records shall be provided at the University’s Alumni Office in Columbus, Mississippi, or such other location as designated by the University upon reasonable notice to the Association. To the extent that information is inspected, reviewed or received by the University President or his/her designees, with respect to the identity of donors, sponsors, or members who have expressly stated they wish to remain anonymous, with respect to any information relating to the identification, cultivation and solicitation of donors, sponsors, or members, with respect to personal, commercial, or proprietary information relating to a donor or member or his/her family or business, or with respect to any personal, commercial or proprietary information provided to the Association by third parties, such information shall be treated as confidential by the University President and by any designee who may review or acquire such information. The University is expected to take appropriate safeguards to assure that such information is utilized or disseminated only in a manner that is appropriate under the circumstances. If upon such inspection or audit the University determines that University funds or resources have been expended for purposes inconsistent with this Agreement, the Association, upon demand by the University, shall reimburse the University for such misused funds, and the University shall have all rights provided by law, including the right to suspend further provision of resources under this Agreement and to terminate this Agreement. These same inspection and information rights are also extended to the IHL or its designee when authorized to exercise such rights by the IHL acting upon its minutes. However, it is understood that the appropriate extent of any disclosure or other use of any confidential, personal, commercial or proprietary information is in the discretion of the IHL, and further, any such decision to disclose or release any confidential, personal, commercial or proprietary information or information that would BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 8 of 39

identify any particular donor or members shall be made by the IHL acting upon its minutes.

2.14 The University’s Office of Alumni Relations shall work with the Association in setting goals for the Association in conjunction with the University’s goals and priorities.

2.15 The Association shall adopt and maintain a conflict of interest policy that complies with the requirements of Miss. Code Ann. § 79-11-269 (1972), as amended from time to time.

2.16 The Association may establish a dues structure for its membership. The Association shall not enter into any transaction that creates any liability for the University.

2.17 No member of the Association can encumber the University’s funds or otherwise bind the University in any way.

2.18 No University assets will be managed by the Association.

2.19 If the Association should cease to exist, any Association assets donated to the Association for the benefit of the University must be transferred to the University or to another non-profit entity designated by the University.

2.20 The parameters of the Association’s fund raising activities are:

1. All fund raising by the Association must be approved and coordinated by the University’s Office of Development;

2. In conjunction with section 2.20(1) of this Agreement, the Association may engage in fund raising for the Legacy Scholarship, the Faculty Enhancement Grants, the New Faculty Award, and any other endeavors suggested in writing by the University’s Office of Development; and

3. At the end of each fiscal year and no later than June 30, the Board of Directors of the Association will review the 501(c)(3) exemption and, after consulting with the University and the MUW Foundation, make a BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 9 of 39

determination on the value and necessity of maintaining the tax exempt status

2.21 The Association may enter its contracts for professional, advisory or other personal services in carrying out its duties, but such contracts shall not exceed five years.

2.22 The Association’s By-Laws shall specify, among other things, a process for selecting or electing members of the governing board that requires the Association to use best efforts to achieve racial, gender, and generational diversity in composition of the governing board.

2.23 The process for nominations for the Association Officers shall be an inclusive process designed to achieve representation that reflects the membership of the alumni.

2.24 The Association must obtain written approval from the University President for any formal merger or affiliation between the Association and any other entity.

2.25 The Association shall not accept any gift, donation or grant or enter into any transaction that creates any liability for the University, without advance written approval of the University President.

2.26 The Association agrees to manage all funds in its control in a fiscally sound and prudent manner.

ARTICLE 3. THE UNIVERSITY’S OBLIGATIONS AND IN-KIND SUPPORT

3.1 The University grants the Association a non-exclusive, non-transferable license to use University trademarks, trade names, service marks, and logos consistent with University policy, including but not limited to a license to use marks developed by the University for use by the Association.

3.2 The University grants the Association an exclusive, transferable license to use University trademarks, trade names, service marks, and logos historically associated with the Association or developed by the University or the Association for the Association’s use.

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3.3 The University agrees to designate the Association as an official affiliated entity of the University.

3.4 The University shall provide the Association such other rights, privileges or benefits as the University President, in the University President’s sole discretion, may determine will assist the Association in discharging its obligations under this Agreement.

3.5 The University President shall be an ex-officio non-voting member of the Association’s governing board and shall be given reasonable notice of any meeting of the governing board, as required by Section 2.9 of this Agreement.

3.6 Subject to the availability of funding and the budget process, the University agrees in good faith to provide the Association with resources suitable in the University’s judgment for the accomplishment of the Association’s activities for the University’s benefit, and may include services and supplies, staff support, office space, and such financial support as agreed upon between the parties from time to time. The amount and nature of such resources shall be determined annually, on a fiscal year basis, in connection with the program planning and budget processes of the University and the Association. No provision in this Agreement shall be construed to give the Association any legal entitlement to any University funding, personnel or other resources in any particular fiscal year. All University assets, including personal property, made available to the Association under the terms of this agreement shall remain the property of the University unless sold, conveyed or transferred to the Association by way of a separate written agreement.

3.7 The University President will encourage all parts of the University to collaborate with the Association in implementing the Association’s programs and services.

3.8 The University President agrees to inform the Association on a regular basis of the University’s needs and priorities or, if necessary, as the need arises.

ARTICLE 4. COMPLIANCE

4.1 The Association shall comply with all federal and state laws and regulations and shall comply with any compliance, financial, accounting, audit, and regulatory guidelines as may be required by IHL.

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4.2 The provisions of this Agreement shall apply to any and all entities owned or controlled by the Association, with the exception of a special purpose entity created for the sole and specific purpose of utilization as a financing vehicle for the private financing of university auxiliary facilities by a private developer using the alternate dual- phase design-build privately financed construction method, as specially authorized by Miss. Code Ann. Section 37-101-41, et seq. (1972), as amended. If the use/purpose of any such special purpose entity ever changes, the special purpose entity would then be required to comply with any and all provisions of this Agreement between the University and the Association, which owns or controls the special purpose entity.

ARTICLE 5. INDEMNIFICATION

The Association agrees to indemnify and hold harmless the University, including its agents and employees from any and all claims, demands, suits, or liabilities of any nature, or on account of any of the actions or inactions in or about the licensed premises. The Association agrees to reimburse the University and its agents and employees for any expenses incurred by them or as a result of legal action or inaction, including reasonable attorney fees, provided funds are available for such purpose.

ARTICLE 6. REPORTING

6.1 The Association shall, by December 1 of each year during the life of this Agreement, submit a detailed annual report of the work and financial condition of the Association to the President, and any other reports as required by this Agreement, the By- Laws of the Association, the policies of the University’s governing board or by other applicable law and shall also submit by the same date any other reports as required by this Agreement, by the Bylaws of the Association, by IHL policies or by other applicable law, including but not limited to any and all reports required by Articles 2.5 and 2.6 of this Agreement.

6.2 The Association shall promptly notify the University President of the University and the IHL, in writing, if any of the following events (“Reportable Events”) occur:

1. The Association has materially breached any of its contractual obligations under the Agreement; 2. The Association has materially failed to properly receive, apply, manage or disburse any funds or has materially failed to properly comply with any binding instructions from donors relating to those funds; BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 12 of 39

3. The Association has engaged in any conduct that is prohibited or subject to sanction under state or federal law, including any and all requirements applicable to tax exempt organizations; 4. There has been a failure by the Association or any of its officers and directors to comply with any conflict of interest requirements created by applicable state or federal law or by the governing documents or procedures of the Association; 5. Any state or federal regulatory body begins any investigation of any matter that may have a significant financial or regulatory effect on the Association or upon its status as a tax exempt organization; or 6. The Association has contracted with or entered into any business or pecuniary relationship with any of its board members, other than a full time employee of the Association, or any entity controlled directly or indirectly by the board member, which would reasonably be expected to provide for payment or benefits to that person exceeding the value of $50,000 in any calendar year; The previous sentence creates a duty for the Association to report any such transaction but does not suggest or imply that all such transactions are either prohibited or permitted.

6.3 The Association’s President shall submit to the University President and to the IHL a signed certification statement annually, before January 31 of each year, which affirmatively states that the Association has examined its donor records and business transactions occurring during its fiscal year ending within the prior calendar year, and that to the best of its knowledge, there is no evidence that any Reportable Events occurred, other than those which have been duly reported to the University President and the IHL, as required in Article 6.2 above. In this certification the Association’s President shall re-affirm that, in the event he/she becomes aware of any such Reportable Events, the Association President will immediately notify, in writing, the University President.

ARTICLE 7. TERMINATION AND RENEWAL

7.1 This Agreement shall have a term of five years, if not renewed by mutual consent of the parties before that date.

7.2 The University may terminate this Agreement without cause with thirty days written notice to the Association and prior approval of IHL, acting upon its minutes.

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7.3 The University may terminate this Agreement for cause without notice to the Association but with notice to the IHL and prior approval of the IHL, acting upon its minutes. The Association may not terminate the agreement without the consent of the University President and the IHL Board.

7.4 If this Agreement is terminated for any reason, including because the Agreement has expired without being renewed under Article 7.1, Articles 2.7, 2.13, 2.19, 5, 7, and 8 shall survive the termination.

7.5 Upon termination and/or non-renewal of this Agreement, (1) the Association shall cease to use and shall not assign or delegate the authority to use the University’s name, symbols, trade names, registered marks or logos to any person or entity without the written approval of the University President, (2) the Association shall remit any and all unrestricted funds held for the benefit of the University to such entity as designated in writing by the University President on behalf of the University, (3) the Association shall work in concert with its members and/or donors, to the extent practicable and allowed by law, to move any restricted funds held for the benefit of the University to such entity as designated in writing by the University President on behalf of the University, (4) the Association shall work in concert with persons or entities with which it had contractual relations to the extent practical and allowed by law, to assign any contracts to such entity as designated by University President; and (5) the Association shall work in concert with the University to provide the University or its designee with records and materials of the Association necessary to continue the business and/or wind up the affairs of the Association.

7.6 The Association agrees to cease using the University’s name, marks, symbols and logos in the event the Association dissolves, ceases to be a non-profit corporation, ceases to be recognized as a tax exempt entity under Section 501(c)(3) of the Internal Revenue Code, or this Agreement is terminated.

7.7 The University and the Association desire to work together in an environment of mutual cooperation and support. In addition, Association Board Members shall be elected to terms not to exceed three years and no less than one-third of the Board Members shall be elected in a single year. Although a director may be elected to more than one term, the approval process and rotation required shall work to maintain alignment between the Association and the mission of the University.

7.8 If the University President determines that the cooperation between the University and the Association is not in place and is, as a result, detrimental to the best BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 14 of 39

interests of the University, the President shall notify the Commissioner of Higher Education and the IHL shall attempt to reconcile the parties, including through mediation if advisable. If the IHL determines and notifies the University President that it is in the best interest of the University to substitute new members of the Board of Directors of the Alumni Association, the University President may direct that at the expiration of a ninety-day period, the terms of office of 100% of the Directors shall be deemed to have expired. Upon such event, a five-person Commission shall be selected as follows: (1) one member appointed by the University President, (2) one member appointed by the IHL, (3) one member appointed by the Board of Directors of the MUW Foundation, (4) one members appointed from within and by the group of alumni donors to the University whose lifetime outright giving to the University, through the MUW Foundation, exceeds $50,000, and (5) one member appointed from within and by the recipients of the Alumnae Achievement Award or the Medal of Excellence; however, the groups selecting the fourth and fifth members of the Commission may not appoint as a member of the Commission anyone who at the time of the appointment is serving as (i) a University employee or (ii) an employee, officer, trustee, or director of any University affiliated support organization or foundation. The Commission shall then appoint, within the ninety day period, by majority vote, members to the Board of Directors to replace the Directors whose terms shall be deemed to have expired. The reconstituted Board of Directors shall then elect new officers of the Association.

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 This Agreement shall be construed, governed, interpreted and applied in accordance with the laws of the State of Mississippi.

8.2 The parties agree that the Association is not the agent or employee of the University and nothing in this Agreement creates an employment or other agency relationship between the parties.

8.3 The parties agree that the Association is a private, independent entity and, as such, is not governed by the IHL. To ensure the independence of the Association, no IHL employee shall hold a voting position on the Association Board. Senior University administrators should only participate on the Association’s Board, if at all, in an ex- officio, non-voting capacity. The IHL may allow, upon written request by the University, exceptions to this restriction regarding IHL/University employees.

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8.4 The University and the Association agree that the Association’s donor and giving records and any other financial or commercial information possessed by the Association or provided by the Association to the University concerning individuals or corporations that provide the Association financial support are confidential and proprietary. Unless required to disclose such information by applicable law and except as provided otherwise in Article 2.13 of this Agreement with respect to actions by IHL acting upon its minutes, the University and the Association agree not to disclose to third parties and to keep confidential the giving records, giving history, and financial or commercial information of individuals and corporations that provide financial support to the Association.

8.5 In the performance of this Agreement, the Association shall not deny employment opportunities to any person on the basis of race, color, religion, ethnic group identification, sexual orientation, sex, age, physical or mental disability, medical condition, or veteran’s status.

8.6 The parties hereto acknowledge that this Agreement sets forth the entire Agreement and understanding of the parties hereto as to the subject matter hereof, and shall not be subject to any change or modification except by the execution of a written instrument subscribed to by the parties hereto.

8.7 The provisions of this Agreement are severable, and in the event that any provisions of this Agreement shall be determined to be invalid or non-enforceable under any controlling body of the law, such invalidity or non-enforceability shall not in any way affect the validity or enforceable nature of the remaining provisions hereof.

8.8. The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition of this Agreement shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by the other party.

8.9 The Association’s obligations pursuant to this Agreement shall also extend, as applicable, to any entity it owns or controls.

MISSISSIPPI UNIVERSITY FOR WOMEN MISSISSIPPI UNIVERSITY FOR WOMEN ALUMNI ASSOCIATION

By:______By:______BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 16 of 39

Name: Allegra Brigham Name: Emily Myers Garner Title: Interim President Title: Co-president

Date: ______By:______

Name: Andrea Godwin Overby Title: Co-president

Date: ______

STAFF RECOMMENDATION: Board staff recommends approval of this item.

3. UM - APPROVAL OF UNIVERSITY OF MISSISSIPPI EMPLOYEES TO SERVE ON THE UNIVERSITY OF MISSISSIPPI RESEARCH FOUNDATION BOARD OF DIRECTORS

The University of Mississippi requests approval to allow Robin Buchannon, Assistant Vice Chancellor for Research and Sponsored Programs, and Allyson Best, Associate Director of Technology Management to serve as voting members of the University of Mississippi Research Foundation Board of Directors. These two university employees will replace two other university employees whom this Board previously approved to serve as directors for the Research Foundation. This would maintain the current mix of inside and outside directors, with university employees serving as four of seven directors. 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 development.

The University of Mississippi Research Foundation is organized and operates for scientific, literary, charitable, and educational purposes exclusively for the benefit of the University of Mississippi.

The Chancellor recommends that the Board grant approval to allow Robin Buchannon and Allyson Best to serve as voting members of the University of Mississippi Research Foundation Board of Directors.

STAFF RECOMMENDATION: Board staff recommends approval of this item.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 17 of 39

4. UMMC - APPROVAL TO SETTLE TORT CLAIM

The University of Mississippi Medical Center is seeking Board approval for the settlement of Tort Claim No. 1703.

STAFF RECOMMENDATION: Board staff recommends approval of this item. 5. UMMC - APPROVAL TO SETTLE TORT CLAIM

The University of Mississippi Medical Center is seeking Board approval for the settlement of Tort Claim No. 1709.

STAFF RECOMMENDATION: Board staff recommends approval of this item.

6. USM - APPROVAL OF PROPOSED AMENDMENT TO THE POINT CADET COMPROMISE AND SETTLEMENT AGREEMENT

Board approval is requested of the below proposed Amendment to the Point Cadet Compromise and Settlement Agreement (Amendment). A copy of the original Point Cadet Compromise and Settlement Agreement is being sent to Board members under separate cover. As you may recall, a portion of the coastal property known as the Point Cadet Property (Point Cadet) was donated to IHL/USM. However, the State of Mississippi, through the Secretary of State, asserted ownership of Point Cadet as public trust tidelands. Additionally, the City of Biloxi asserted ownership, and the Isle of Capri held leasehold interests in Point Cadet. Therefore, due to unresolved disputes over ownership and interests in Point Cadet, the State of Mississippi, IHL, the City of Biloxi and the Isle of Capri entered into the subject Point Cadet Compromise and Settlement Agreement in August of 2002. Since then, IHL/USM has collected the rents provided for under the original settlement agreement. USM’s educational and research facility known as the Scott Center sat on part of Point Cadet at the time the original settlement agreement was entered into. Hurricane Katrina subsequently destroyed the Scott Center, and although USM originally planned to rebuild the Scott Center, it became apparent that rebuilding any facility on the Point Cadet property was not feasible. Because of provision IV. (6)(b) of the original Point Cadet agreement, and because rebuilding the Scott Center was not feasible, USM will stop getting the rents payable under the current Point Cadet agreement, unless we amend the current agreement as reflected below. Under the proposed amendment, instead of USM having to rebuild the Scott Center, or other educational facility, on the Point Cadet property in order to continue to receive the rents paid to USM under the original agreement, the parties would agree that USM’s use of the R/V Tommy Munro as a research vessel would qualify as other educationally BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 18 of 39

sound programs, operations or facilities on the Point Cadet property. Under the below Amendment, USM would continue to receive all rents payable under the original Point Cadet agreement without rebuilding the Scott Center or other facility on the subject property. The below Amendment has been reviewed and approved by the Attorney General’s staff at IHL.

AMENDMENT TO THE POINT CADET COMPROMISE AND SETTLEMENT AGREEMENT

This Amendment to the Point Cadet Compromise and Settlement Agreement (AMENDMENT) is entered into by and between the undersigned parties effective as of the 1st day of August, 2010.

WHEREAS, the Point Cadet Compromise and Settlement Agreement (AGREEMENT), was entered into on August 15, 2002, by and among the Secretary of State (STATE), City of Biloxi (CITY), Board of Trustees of State Institutions of Higher Learning (IHL), and the Isle of Capri Casinos, Inc. and Riverboat Corporation of Mississippi, a Mississippi corporation, doing business as the Isle of Capri Casino (ISLE), for the purpose of resolving long-standing and conflicting claims and disputes involving the POINT CADET PROPERTY. The Point Cadet Compromise and Settlement Agreement is recorded in the Office of the Chancery Clerk of the Second Judicial District of Harrison County, Biloxi, Mississippi in Book 390, Page 587-639 (Instrument #2002 2224D);

AND WHEREAS, IHL, in executing this AMENDMENT, is acting for itself and by and on behalf of The University of Southern Mississippi (USM), the Gulf Coast Research Laboratory (GCRL), and the J.L. Scott Marine Education Center (SCOTT CENTER). Hereinafter, IHL shall collectively refer to and include IHL, USM, GCRL and SCOTT CENTER;

AND WHEREAS, for many years IHL operated the SCOTT CENTER on a part of the POINT CADET PROPERTY and, in association with the operation of the SCOTT CENTER and other GCRL marine education programs, operated the R/V Tommy Munro from a berth immediately adjacent to, but not on, the POINT CADET PROPERTY;

AND WHEREAS, Section IV(5) of the AGREEMENT provides, “The share of rents allocated to IHL will be dedicated to and used exclusively for the operation and expansion of the SCOTT CENTER and/or other educationally sound programs, operations or facilities on the POINT CADET PROPERTY…;” BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 19 of 39

AND WHEREAS, Section IV(6)(b) of the AGREEMENT provides “In the event operations of the SCOTT CENTER and/or other educationally sound programs, operations or facilities on POINT CADET PROPERTY are impeded, impaired, disturbed or ceased due to Acts of God, civil disturbance, acts of war, or other events outside the control of IHL, IHL shall within one (1) year of the occurrence of such event elect whether to abandon use of the POINT CADET PROPERTY pursuant to provisions of Paragraph IV(6)(a) hereof or whether to proceed under this Paragraph IV(6)(b) hereof. In the event IHL elects to proceed under this Paragraph IV(6)(b) hereof, then IHL shall: (i) continue to receive rents as provided in Paragraph IV hereof; (ii) construct, repair or rebuild the SCOTT CENTER or other educationally sound programs, operations or facilities on the POINT CADET PROPERTY; and (iii) complete the process of resuming operations on the POINT CADET PROPERTY within five (5) years . . .;”

AND WHEREAS, on August 29, 2005, Hurricane Katrina destroyed the SCOTT CENTER;

AND WHEREAS, IHL made a timely election to rebuild the SCOTT CENTER or other educationally sound programs, operations or facilities on the POINT CADET PROPERTY;

AND WHEREAS, IHL has now determined that it is not feasible to rebuild the SCOTT CENTER or other educationally sound programs, operations or facilities on the POINT CADET PROPERTY, per se, but does desire to continue the operation of the R/V Tommy Munro from the berth immediately adjacent to the POINT CADET PROPERTY;

AND WHEREAS, this AMENDMENT is executed to acknowledge the intentions of IHL and the understanding of the parties regarding the continued operation of the R/V Tommy Munro from a berth immediately adjacent to the POINT CADET PROPERTY and whether such operation will qualify as “other educationally sound programs, operations or facilities on the POINT CADET PROPERTY” under Paragraph IV(6)(b) of the AGREEMENT.

NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, the undersigned parties agree as follows:

1. (a) Except for berth access hereinafter provided, IHL does hereby release all rights and interests under the AGREEMENT to use or possess any part of the POINT CADET PROPERTY, including all rights under Paragraphs II (4) & (5) of the AGREEMENT and does agree to promptly vacate the POINT CADET PROPERTY. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 20 of 39

(b) Paragraph II (4) of the AGREEMENT is deleted.

(c) Paragraph II (5) of the AGREEMENT is deleted.

2. (a) The operation of the R/V Tommy Munro from a berth immediately adjacent to the POINT CADET PROPERTY with marine science programs operated from and on said vessel in furtherance of the direct educational and research mission of GCRL will for purposes of the Paragraph IV(6)(b) of the AGREEMENT satisfy the requirement of the operation of “other educationally sound programs, operations or facilities on the POINT CADET PROPERTY.” The Tommy Munro is a research vessel approximately one-hundred (100) feet in length. A replacement vessel or vessels of similar size and function operated from a berth immediately adjacent to the POINT CADET PROPERTY with marine and science programs operated from and on said replacement vessel(s) in furtherance of the direct educational and research mission of GCRL will likewise satisfy the requirement of the operation of “other educationally sound programs, operations or facilities on the POINT CADET PROPERTY.” All references herein to the R/V Tommy Munro shall be deemed to include such replacement vessel(s).

(b) STATE and CITY will provide access to IHL on, over and across the POINT CADET PROPERTY to the location of the berth for the R/V Tommy Munro and adequate parking in reasonable proximity thereto. Said access shall include adequate space adjacent to the location of the berth for the R/V Tommy Munro for purpose of fueling and for loading and/or unloading materials, supplies and equipment to and from said vessel(s).

(c) The original language of Paragraph IV(5) of the AGREEMENT is hereby deleted and shall be replaced by the following: “The share of rents allocated to IHL under the AGREEMENT will be dedicated to and used exclusively for the operation of the R/V Tommy Munro and the marine science programs operated from and on said vessel in furtherance of the direct educational and research mission of GCRL.”

(d) The original language of Paragraph IV(6)(a) of the AGREEMENT is hereby deleted and shall be replaced by the following: “Except as provided in Paragraph IV(6)(b) of the AGREEMENT, in the event that any action or failure to take action by IHL results in the cessation of operation of the R/V Tommy Munro from berth space immediately adjacent to the POINT CADET PROPERTY in furtherance of the direct educational and research mission of GCRL, and such cessation continues for a period of BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 21 of 39

more than two (2) years, then all rights of IHL under the AGREEMENT and this AMENDMENT shall terminate.

(e) The period of time for resuming operations in Paragraph IV(6)(b)(iii) of the AGREEMENT is changed from five (5) years to two (2) years. 3. Paragraph VI of the AGREEMENT is deleted.

4. The original language of Paragraph II(2) of the AGREEMENT is hereby deleted and shall be replaced by the following: “All future renewals, leases, assignments, easements, consents, waivers and other agreements including amendments, restatements thereto and development plans affecting POINT CADET PROPERTY or any interests therein shall be executed jointly by STATE and CITY. IHL acknowledges under the terms of the AGREEMENT as hereby amended, that STATE has full authority to act for all intents and purposes concerning the undivided two-thirds (2/3) interest of the State of Mississippi in the POINT CADET PROPERTY, including execution of any and all future renewals, leases, assignments, easements, consents, waivers and other agreements including amendments, restatements thereto and development plans affecting POINT CADET PROPERTY or any interests therein. For so long as IHL retains a right under the AGREEMENT, as hereby amended, to a share in rental income from the POINT CADET PROPERTY, STATE will endeavor to maximize rental income in which IHL shares while balancing the overall development objectives of STATE and CITY for the POINT CADET PROPERTY. Prior to the execution of any such future renewals, leases, assignments, easements, consents, waivers and other agreements including amendments, restatements thereto and development plans affecting POINT CADET PROPERTY or any interests therein, STATE will discuss such execution with IHL.”

5. It is expressly understood that nothing contained in this AMENDMENT shall be deemed or construed to amend the description or definition of the POINT CADET PROPERTY to include the berth space for the R/V Tommy Munro.

6. Upon execution, this AMENDMENT shall become and be an integral part of the AGREEMENT. Except as amended by this AMENDMENT, all terms and provisions of the AGREEMENT shall remain in full force and effect.

7. Defined terms in the AGREEMENT shall have the same meaning when used in this AMENDMENT.

EXECUTED this the ______day of ______, 2011.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 22 of 39

STATE OF MISSISSIPPI BY C. DELBERT HOSEMANN, JR. SECRETARY OF STATE

AND

C. DELBERT HOSEMANN, JR. SECRETARY OF STATE, AS TRUSTEE OF THE PUBLIC TRUST TIDELANDS ______C. DELBERT HOSEMANN, JR.

Executed this the _____ day of ______, 2011

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING FOR ITSELF AND ON BEHALF OF THE UNIVERSITY OF SOUTHERN MISSISSIPPI, THE GULF COAST RESEARCH LABORATORY, AND THE J.L. SCOTT MARINE EDUCATION CENTER BY ROBIN ROBINSON, PRESIDENT

______ROBIN ROBINSON

Executed this the _____ day of ______, 2011

ATTEST:

______BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 23 of 39

HANK M. BOUNDS, COMMISSIONER OF HIGHER EDUCATION

Executed this the _____ day of ______, 2011

CITY OF BILOXI BY A. J. HOLLOWAY, MAYOR

______A. J. HOLLOWAY Executed this the _____ day of ______, 2011

ATTEST:

BY______PRINT NAME______OFFICE______

Executed this the _____ day of ______, 2011

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 24 of 39

ISLE OF CAPRI CASINOS, INC., A DELAWARE CORPORATION

AND

RIVERBOAT CORPORATION OF MISSISSIPPI, A MISSISSIPPI CORPORATION, DOING BUSINESS AS THE ISLE OF CAPRI CASINO

BY______PRINT NAME______OFFICE______

Executed this the _____ day of ______, 2011

ATTEST:

BY______PRINT NAME______OFFICE______

Executed this the _____ day of ______, 2011

APPROVED BY:

______HALEY BARBOUR, GOVERNOR

Executed this the _____ day of ______, 2011

AND BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 25 of 39

JIM HOOD, ATTORNEY GENERAL IN HIS CAPACITY AS LEGAL COUNSEL FOR C. DELBERT HOSEMANN, JR., SECRETARY OF STATE AND BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING

______JIM HOOD

Executed this the _____ day of ______, 2011

AND POINT CADET DEVELOPMENT CORPORATION

BY______PRINT NAME______OFFICE______

Executed this the _____ day of ______, 2011

ATTEST:

BY______PRINT NAME______OFFICE______

Executed this the _____ day of ______, 2011

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 26 of 39

ACKNOWLEDGMENTS

State of Mississippi County of Hinds

Personally appeared before me, the undersigned authority in and for the said county and state, on this the _____ day of ______, 201___, within my jurisdiction, the within named, C. Delbert Hosemann, Jr., who acknowledged that he is Secretary of State and Trustee of the Public Trust Tidelands of and for the State of Mississippi and that in said representative capacities he executed the above and forgoing instrument for and on behalf of the State of Mississippi, after first having been duly authorized so to do.

______Notary Public

My Commission Expires: ______

State of Mississippi County of Hinds

Personally appeared before me, the undersigned authority in and for the said county and state, on this the _____ day of ______, 201___, within my jurisdiction, the within named Haley Barbour, who acknowledged that he is Governor of the State of Mississippi and that in said representative capacity he executed the above and foregoing instrument for and on behalf of the State of Mississippi, after first having been duly authorized so to do.

______Notary Public My Commission Expires: ______

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 27 of 39

State of Mississippi County of Hinds

Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of ______, 201__, within my jurisdiction, the within named Robin Robinson, who acknowledged that she is President of the Board of Trustees of State Institutions of Higher Learning and that in said representative capacity she executed the above and foregoing instrument for the Board of Trustees of State Institutions of Higher Learning and on behalf of the University of Southern Mississippi, the Gulf Coast Research Laboratory, and the J. L. Scott Marine Education Center, after first having been duly authorized so to do.

______Notary Public

My commission expires: ______

State of Mississippi County of Hinds

Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of ______, 201__, within my jurisdiction, the within named Hank M. Bounds, who acknowledged that he is Commissioner of Higher Education of and for the Board of Trustees of the State Institutions of Higher Learning and that in said representative capacity he executed the above and foregoing instrument, after first having been duly authorized so to do.

______Notary Public

My commission expires: ______

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 28 of 39

State of Mississippi County of Harrison

Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of ______, 201__, within my jurisdiction, the within named A. J. Holloway, who acknowledged that he is Mayor of the City of Biloxi and that in said representative capacity he executed the above and foregoing instrument, after first having been duly authorized so to do.

______Notary Public

My commission expires: ______

State of Mississippi County of Harrison

Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of ______, 201__, within my jurisdiction, the within named ______, who acknowledged that (he) (she) is ______of the City of Biloxi and that in said representative capacity (he) (she) executed the above and foregoing instrument, after first having been duly authorized so to do.

______Notary Public

My commission expires: ______

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 29 of 39

State of Mississippi County of ______

Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of ______, 201__, within my jurisdiction, the within named ______, who acknowledged that (he) (she) is ______of Isle of Capri Casinos, Inc., a Delaware Corporation, and Riverboat Corporation of Mississippi, a Mississippi Corporation, doing business as the Isle of Capri Casino, and that for and on behalf of said corporation, and as its act and deed (he) (she) executed the above and foregoing instrument, after first having been duly authorized by said corporations so to do.

______Notary Public

My commission expires: ______

State of Mississippi County of ______

Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of ______, 201__, within my jurisdiction, the within named ______, who acknowledged that (he) (she) is ______of Isle of Capri Casinos, Inc., a Delaware Corporation, and Riverboat Corporation of Mississippi, a Mississippi Corporation, doing business as the Isle of Capri Casino, and that for and on behalf of said corporation, and as its act and deed (he) (she) executed the above and foregoing instrument, after first having been duly authorized by said corporations so to do.

______Notary Public My commission expires: ______BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 30 of 39

State of Mississippi County of ______

Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of ______, 201__, within my jurisdiction, the within named ______, who acknowledged that (he) (she) is ______of Point Cadet Development Corporation, a Mississippi Corporation, and that for and on behalf of said corporation, and as its act and deed (he) (she) executed the above and foregoing instrument, after first having been duly authorized by said corporations so to do.

______Notary Public My commission expires: ______

State of Mississippi County of ______

Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of ______, 201__, within my jurisdiction, the within named ______, who acknowledged that (he) (she) is ______of Point Cadet Development Corporation, a Mississippi Corporation, and that for and on behalf of said corporation, and as its act and deed (he) (she) executed the above and foregoing instrument, after first having been duly authorized by said corporations so to do.

______Notary Public

My commission expires: ______

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State of Mississippi County of HINDS

Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of ______, 201__, within my jurisdiction, the within named Jim Hood, who acknowledged that he is Attorney General of the State of Mississippi and that in his capacity as legal counsel for C. Delbert Hosemann, Jr., Secretary of State and the Board of Trustees of State Institutions of Higher Learning, he executed the above and foregoing instrument, after first having been duly authorized so to do.

______Notary Public

My commission expires: ______

STAFF RECOMMENDATION: Board staff recommends approval of this item.

7. SYSTEM – APPROVAL OF PERMISSION TO REQUEST OFFICIAL ATTORNEY GENERAL’S OPINION

Pursuant to Board Policy 1103 Requests for Legal Opinions, approval of the Board is sought in order to request an official Attorney General’s opinion concerning conflicting statutes regarding the legality of having firearms on our university campuses. The specific facts and questions to be posed to the Attorney General are as set out immediately below:

REQUEST FOR ATTORNEY GENERAL'S OPINION

FACTUAL SITUATION

Section 97-37-17 of the Miss. Code of 1972, annotated, prohibits any person from possessing or carrying a pistol or firearm on any college or university campus. Violation of the statute is a felony. It is not a violation of this statute provided (1) the person is not a student attending school on any educational property; (2) the firearm is within a motor vehicle; and (3) the person does not brandish, exhibit, or display the firearm in any BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 32 of 39

careless, angry or threatening manner. Section 97-37-17 was not amended during the 2011 Regular Session of the Mississippi Legislature.

Section 45-9-101 of the Miss. Code of 1972, annotated, authorizes the Department of Public Safety to issue licenses or permits to carry concealed weapons to certain individuals under statutorily approved criteria. Such licenses or permits allow individuals to carry concealed pistols or revolvers within the State of Mississippi. Even so, subsection (13) of Section 45-9-101 contains an exemption related to our universities in that it does not authorize any person, pursuant to a license issued, to carry a concealed pistol or revolver into certain places, including . . . “any school, college or professional athletic event not related to firearms; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; . . .”. Section 45-9-101 was not specifically amended or changed during the 2011 Regular Session of the Mississippi Legislature.

However, Section 97-37-7 of the Miss. Code of 1972, annotated, was amended by House Bills Nos. 506 and 881. Pursuant to both subject bills, any person who is issued a license pursuant to Section 45-9-101 which contains an endorsement reflecting the completion of an instructional course in the safe handling and use of firearms offered by certain instructors approved by the Department of Public Safety is authorized to carry a concealed pistol or revolver into certain locations not previously authorized by subsection (13) of Section 45-9-101, including “any school, college or professional athletic event; any junior college, community college, college or university facility; . . .”.

The amendment of Section 97-37-7 does not specifically reference Section 97-37- 17. Each statute appears to be a specific, stand alone statute. As a result, we appear to have conflicting statutes related to the legality of carrying concealed weapons on university campuses.

QUESTIONS

Question No. 1: Can university police departments, institutional security officers, and other Mississippi law enforcement officials continue to enforce Section 97-37-17 notwithstanding the amendment of Section 97-37-7?

Question No.2: Since Section 97-37-17 is not ambiguous, should not the statute be applied according to its plain meaning or terms, thus allowing university police departments, institutional security officers, and other law enforcement officials to enforce BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 33 of 39

that statute as to all persons notwithstanding the issuance of a permit license with endorsement?

Question No. 3: Section 45-9-101 (13) provides in part “. . . In addition to the places enumerated in this subsection, the carrying of a stun gun, concealed pistol or revolver may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the carrying of a pistol or revolver is prohibited. . . .”. Under applicable law, does a university have the option of preventing weapons on its campus, notwithstanding the amendment to Section 97-37-7, by posting notices as authorized by Section 45-9-101 (13)?

Question No. 4: If Section 97-37-7 allows persons with a valid license with endorsement to carry a pistol, revolver or weapon onto a university campus, can university police departments or institutional security officers require permitted individuals to visit the police or security department upon entering campus for the purpose of producing the license with endorsement and thereby verifying lawful authority to possess and carry pursuant to the license?

STAFF RECOMMENDATION: Board staff recommends approval of this item.

8. SYSTEM – APPROVAL OF INTER-AGENCY AGREEMENT FOR THE PROVISION OF LEGAL SERVICES FOR THE FISCAL YEAR 2012 BETWEEN IHL AND THE ATTORNEY GENERAL’S OFFICE

Board approval is requested of a proposed new inter-agency agreement for the provision of legal services for fiscal year 2012, between IHL and the Attorney General’s Office. The proposed changes from the FY 2011 agreement are as follows:

1) The proposed new contract amount is $359,614.66 for FY 2012, while the contract for FY 2011 was in the amount of $355,596.19. The $ 4018.47 increase is due to recent personnel changes in the Attorney General’s staff at IHL. 2) One additional paragraph was added to the contract as follows: “4. Litigation in which IHL is involved may require the services of attorneys employed by the Attorney General other than those designated in paragraph 1.a. The IHL shall pay the OAG $65 per hour for such litigation services. The OAG shall provide monthly statements to the IHL identifying in reasonable detail the legal services preformed and the attorney(s) who performed such services and IHL shall provide payment for such services within 45 days of the invoice date.” This proposed BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 34 of 39

addition to the contract is to cover the situation where attorneys employed elsewhere within the Attorney General’s Office are needed to assist the three attorneys in the Attorney General’s Office assigned to IHL with litigation matters that may arise.

The proposed new inter-agency agreement is as indicated below:

STATE OF MISSISSIPPI

COUNTY OF HINDS

INTER-AGENCY AGREEMENT FOR THE PROVISION OF LEGAL SERVICES FOR THE FISCAL YEAR 2012

THIS AGREEMENT is entered into on the day and date hereinafter recited between the Office of the Attorney General, who may be hereinafter known as “OAG” and the Board of Trustees of State Institutions of Higher Learning which may be hereinafter known as “IHL”, both of which may be hereinafter known as “Parties”, for the purpose of providing legal services to IHL and its subordinate institutions during the fiscal year beginning July 1, 2011.

WHEREAS, the Attorney General is the Chief Legal Officer of the State of Mississippi and is charged by the Constitution with the management of legal affairs for the State; and,

WHEREAS, it is the intent of the Parties that legal representation shall be provided on a system-wide basis; and,

WHEREAS, the Parties agree that such representation shall be supervised by the Attorney General and must afford consistent representation to each institution in the system; and,

WHEREAS, the IHL shall maintain oversight over the responsibilities of the attorneys approved by the OAG,

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 35 of 39

FOR AND IN CONSIDERATION of the mutual benefits which will accrue to each Party from this Inter-Agency Agreement, which may be hereinafter known as the “Agreement”, and the mutual promises and covenants made and set out herein by the Parties, and other good and valuable consideration, the receipt and sufficiency of which is all hereby acknowledged, the Office of the Attorney General and the Board of Trustees of State Institutions of Higher Learning does hereby agree and contract that:

1. Upon payment by IHL of the consideration stated in the Agreement, the Office of the Attorney General will:

a. Provide at all times no less than three (3) full-time staff attorneys (either Assistant Attorneys General or Special Assistant Attorneys General) to assist the Commissioner of Higher Education, the Board of Trustees, the Board Staff, and the various institutions of the IHL system in managing and conducting the day-to-day legal affairs of IHL, its offices and subordinate institutions. Said attorneys, one of whom shall be designated “Section Head” shall comprise the “IHL Education Section” of the OAG and shall be located at IHL offices or such places as may be designated by IHL.

b. Properly supervise, direct, and control the attorneys provided pursuant to the terms and conditions of this contract, pursuant to OAG’s statutory duties found in Miss. Code Ann., §7-5-1, et seq., as amended, and other applicable statutes.

c. Provide personnel such as secretarial, clerical and support staff, and updated computer hardware and software, as shall be necessary in the premises for the faithful performance of all terms and conditions of this contract.

d. Provide, for the supervision of the attorneys procured to satisfy the terms and conditions of this contract, a section head, who shall be appointed by OAG, subject, however, to the approval, pursuant to Subsection (e), below, of IHL. The individual chosen as Section Head of the IHL Education Section shall be designated either an Assistant BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 36 of 39

Attorney General or a Special Assistant Attorney General, who shall be assigned to IHL and the Commissioner of Higher Education. The individual shall be an attorney of the highest caliber, with extensive experience in administrative law, public procurement, the law of higher education and litigation. The individual so chosen by the Attorney General shall act as the legal advisor to IHL and the Commissioner of Higher Education and the Institutions. The individual chosen shall coordinate the legal affairs of IHL with the Commissioner and those attorneys assigned to the IHL Board Office as well as those authorized by paragraph (2) hereof. The individual shall further coordinate the legal activities of the above attorneys to provide for effective legal representation to IHL. Expertise will be developed and maintained among the attorneys assigned to IHL in areas necessary to provide quality and effective legal representation.

e. Assign attorney personnel procured to satisfy the terms and conditions of this contract after:

i. The attorneys have been recommended in writing by OAG to the Board; and

ii. The Board’s designee(s) has participated in an interview and selection process for said attorneys.

In the event that circumstances require the services of legal counsel in addition to that provided herein, the Attorney General may make a temporary assignment of such counsel, subject to the prior approval of the Legal Committee of the Board of Trustees or the prior approval of the President of the Board, Chairperson of the Legal Committee, and the Commissioner.

2. Any State institution of higher learning may request the OAG to perform legal services relating to patents, trademarks and copyrights separate and apart from paragraph 1 above. Upon approval of a request by the OAG, such services will be performed by an attorney who is registered to practice before the U.S. Patent and Trademark Office. The IHL shall pay BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 37 of 39

$85 per hour for such services. The OAG shall have the authority to approve and associate other legal counsel when appropriate for specific purposes relating to international or foreign patents, trademarks, and copyrights. The OAG will provide monthly invoices to each institution identifying in reasonable detail the services performed and the attorney(s) who performed the services. Payment will be made by the institution to the OAG within 45 days of the invoice date.

3. Mississippi State University, the University of Mississippi, the University of Southern Mississippi, the University of Mississippi Medical Center, the Mississippi University for Women, Jackson State University, and such other institutions as authorized by the Board and approved by the Attorney General may employ or retain, at their own expense, legal representation in excess of that hereinabove provided. Each of said attorneys so engaged shall be, subject to the approval of the Attorney General, designated as a Special Assistant Attorney General. Each attorney so engaged shall administer the day-to-day legal affairs of their client, and coordinate same with the Section Head of the Attorney General’s Education Section at the IHL Office and shall make such reports to OAG as said Attorney General may require. Each campus based attorney may have assigned to them other duties by the chief executive officer.

4. Litigation in which the IHL is involved may require the services of attorneys employed by the Attorney General other than those designated in paragraph 1.a. The IHL shall pay the OAG $65 per hour for such litigation services. The OAG shall provide monthly statements to the IHL identifying in reasonable detail the legal services performed and the attorney(s) who performed such services and IHL shall provide payment for such services within 45 days of the invoice date.

5. An annual litigation report shall be furnished to IHL through the Office of the Commissioner of Higher Education. The report will be submitted by the OAG by July 31, 2012, summarizing the services provided by OAG. This Annual Report shall document hours worked by the Education Section attorneys, broken down by institution and type of service. The Report shall be reviewed by the parties and may be used as a basis for future contractual relations.

6. IHL agrees to: BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 38 of 39

a. Provide office space for three (3) attorneys assigned by OAG in performance of this contract, in the Education and Research Center, or at such other place as may be deemed necessary and proper by the Commissioner of Higher Education.

b. Pay unto OAG, one-half in July and one-half in January, a total yearly sum not exceeding Three Hundred Fifty Nine Thousand, Six Hundred Fourteen and 66/100 Dollars ($359,614.66) for the good and faithful performance of all of the terms and conditions of this contract. The contract amount includes Seven Thousand Five Hundred Dollars ($7,500.00) for reimbursement of registration, travel and other expenses relating to continuing legal education courses and seminars addressing issues relevant to higher education attended by IHL Education Section attorneys.

c. Provide all necessary supplies, legitimate travel expenses and other costs.

7. Both OAG and IHL agree:

a. That this Agreement is terminable at the instance of either Party upon the giving of thirty (30) days written notice to the other Party.

b. That this Agreement may be amended in writing if both parties consent in writing to amendment thereof.

c. That the terms and conditions of the Agreement are severable. Should any terms or conditions of this Agreement be invalidated by a court of competent jurisdiction, the other terms and conditions BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL August 18, 2011 Page 39 of 39

shall remain in full force and effect unless modified or terminated as hereinabove set out.

d. That any written notice required herein may be made by mailing said notice by certified mail, United States Mail, postage prepaid, to the following:

OFFICE OF THE ATTORNEY GENERAL INSTITUTIONS OF HIGHER LEARNING Jim Hood Dr. Hank Bounds Attorney General Commissioner of Higher Education Post Office Box 220 3825 Ridgewood Road Jackson, Mississippi 39205 Jackson, Mississippi 39211

WITNESS OUR SIGNATURES, this the _____ day of ______, 2011.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING

______Robin Robinson, President

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING

______Dr. Hank Bounds Commissioner of Higher Education

OFFICE OF THE ATTORNEY GENERAL

______Jim Hood, Attorney General

STAFF RECOMMENDATION: Board staff recommends approval of this item.

INFORMATION AGENDAS BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA ACADEMIC AFFAIRS August 18, 2011 Page 1 of 7

1. SYSTEM – ANNUAL REPORT ON FACULTY TENURE

In 2004–2005, IHL institutions hired 204 tenure track faculty members. During the 2010– 2011 academic year, 131 (64%) were awarded tenure from the 2004–2005 cohort.

IHL System Tenure-Track Faculty

Received Tenure* 2010-2011 Number Percent Hired in Percent from based on 2004-05 the 2004-05 number Institution Cohort Cohort that applied Alcorn State University 1 100% 81% Delta State University 60 0 Jackson State University 28 67% 100% Mississippi State University 53 52% 100% Mississippi University for Women 3 33% 100% Mississippi Valley State University 12 67% 57% University of Mississippi 27 59% 82% University of Mississippi Medical Center 21 65% 100% University of Southern Mississippi 53 83% 94%

*Reasons for not receiving tenure may include the individual was a) denied tenure, b) separated from the institution before being reviewed for tenure, or c) approved for extended university leave (i.e. FMLA, active military service), which delayed the tenure process.

2. SYSTEM – ANNUAL REPORT ON POST-TENURE REVEW

Board Policy 403.0103: Post-Tenure Review: “Each institution shall prepare an annual report of post-tenure reviews. The report shall be in a format specified by the Commissioner, and shall be submitted to the Board by August 1 for the preceding academic year.” In accordance with Board policy, the 2011 post-tenure review report below is presented to the Board for information.

In 2010–2011, 99% of full-time faculty received an annual evaluation. Fifty-eight faculty members were triggered for a post tenure review. Five faculty members are participating in a faculty development plan and two faculty members were separated from employment as a result of the post-tenure review process.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA ACADEMIC AFFAIRS August 18, 2011 Page 2 of 7

Tenured Faculty Number of Separated Tenured from Faculty Number of Employment Number Triggering Maximum Tenured Number of Tenured Faculty as a Result Number of Full- Post Length of Faculty in Completing Development Plan of the Post of Full- time Number of Tenure Faculty Faculty Tenure time Faculty Tenured Review Development Development Successfully Unsuccessfully Review Faculty Evaluated Faculty Process Plan Plan Process Alcorn State University 176 176 56 0 1 Year 0 0 0 0 Delta State University 187 186 75 1 3 Years 0 0 0 0 Jackson State University 408 406 159 0 2 Years 0 0 0 0 Mississippi State University 825 824 435 43 3 Years 4 3 0 0 Mississippi University for Women 136 136 56 0 3 Years 0 0 0 0 Mississippi Valley State University 124 124 55 12 1.5 Years 1 0 0 0 University of Mississippi 681 663 362 0 3 Years 0 0 0 0 University of Mississippi Medical Center 804 800 312 2 1 Year 0 0 0 2 University of Southern Mississippi 706 695 318 0 2 Years 0 0 0 0

IHL System Totals 4047 4010 1828 58 N/A 5 3 0 2

DSU – 1 resigned mid-year. JSU – 1 is on sabbatical leave and 1 left in October 2010. MSU – 1 is continuing in his faculty development plan. UM – The totals in columns one and two do not include deans and chairs. 1 on leave without pay, 3 voluntary resignations, and 3 untenured faculty on terminal contracts were not reviewed. 11 are administrators and thus receive quadrennial reviews instead of annual reviews. UMMC – 2 are on family medical leave and 2 are under separation agreement. USM – 5 in Arts and Letters were on terminal contracts or retiring faculty. 3 in the College of Business were visitors on one year contracts, 1 was a former tenure track faculty in a terminal contract, and 1 left mid-year. 1 was on administrative leave. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA ACADEMIC AFFAIRS August 18, 2011 Page 3 of 7

3. SYSTEM – COMMISSIONER’S NOTIFICATION OF APPROVAL

Per Board Policy 510: Awarding of Degrees: “Degrees granted by institutions under the governance of the Board are awarded by and with the consent of the Board and are countersigned by the President of the Board. Recommendations for the awarding of degrees to students by the various institutions must be made no later than the Board meeting prior to the commencement at which such awards will be made. Board approval represents permission to award degrees if all requirements are met and does not constitute direction to award a degree. In an exceptional case where a student is in all respects qualified for degree and Board approval has not been obtained, the Commissioner is authorized to provide administrative approval to award the degree. In such cases, the Commissioner must formally notify the Board at the meeting immediately following the commencement at which the degree was awarded.” In accordance with Board policy, the Commissioner granted Jackson State University, Mississippi State University, Mississippi University for Women, the University of Mississippi, and the University of Mississippi Medical Center approval in July to award degrees in August 2011 at the levels below, provided each candidate has met all degree requirements.

Institution Degree to be Conferred Number Subtotal Total Jackson State University Undergraduate Bachelor of Arts 15 Bachelor of Business Administration 60 Bachelor of Science 145 Bachelor of Science Education 5 225 Graduate Master of Arts 9 Master of Arts in Teaching 3 Master of Business Administration 5 Master of Public Health 4 Master of Science 40 Master of Science in Education 20 Master of Science in Teaching 5 Master of Social Work 4 126 351 Mississippi State University Undergraduate College of Agriculture and Life Sciences Bachelor of Landscape Architecture 1 Bachelor of Science 47 College of Architecture, Art, and Design BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA ACADEMIC AFFAIRS August 18, 2011 Page 4 of 7

Institution Degree to be Conferred Number Subtotal Total Bachelor of Fine Arts 4 Bachelor of Science 21 College of Arts and Sciences Bachelor of Arts 60 Bachelor of Science 78 College of Business Bachelor of Business Administration 67 College of Education Bachelor of Science 68 Bachelor of Music Education 1 College of Engineering Bachelor of Science in Engineering 24 College of Forest Resources Bachelor of Science 1 School of Accountancy Bachelor of Accountancy 22 394 Graduate College of Agriculture and Life Sciences Master of Landscape Architecture 2 Master of Science 32 Doctor of Philosophy 8 College of Architecture, Art, and Design Master of Science 1 College of Arts and Sciences Master of Arts 12 Master of Public Policy and Administration 6 Master of Science 113 Doctor of Philosophy 5 College of Business Master of Business Administration 39 Master of Science in Information Systems 1 Doctor of Philosophy 4 College of Education Master of Arts in Teaching 1 Master of Arts in Teaching Secondary 4 Master of Science 39 Master of Science Instructional Technology 2 Educational Specialist 12 Doctor of Philosophy 4 College of Engineering Master of Science 24 Master of Engineering 1 Doctor of Philosophy 11 College of Forest Resources Master of Science 8 Doctor of Philosophy 3 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA ACADEMIC AFFAIRS August 18, 2011 Page 5 of 7

Institution Degree to be Conferred Number Subtotal Total College of Veterinary Medicine Master of Science 3 Doctor of Philosophy 2 Doctor of Veterinary Medicine 1 School of Accountancy Master of Professional Accountancy 8 Master of Taxation 4 350 744

Mississippi University for Women Undergraduate Bachelor of Arts 11 Bachelor of Fine Arts 2 Bachelor of Science 47 Bachelor of Science in Nursing 94 154 Graduate Master of Education 10 Master of Science 3 Master of Arts in Teaching 1 Master of Science in Nursing 41 55 209

University of Mississippi Undergraduate College of Liberal Arts Bachelor of Arts 231 Bachelor of Science 8 Bachelor of Fine Arts 4 243 School of Engineering Bachelor of Science in Chemical Engineering 2 Bachelor of Science in Civil Engineering 1 Bachelor of Science in Computer Science 1 Bachelor of Science in Mechanical Engineering 4 Bachelor of Science in Geological Engineering 2 Bachelor of Science 3 13 School of Education Bachelor of Arts in Education 31 31 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA ACADEMIC AFFAIRS August 18, 2011 Page 6 of 7

Institution Degree to be Conferred Number Subtotal Total School of Pharmacy Bachelor of Science in Pharmaceutical Sciences 50 50 School of Business Bachelor of Business Administration 182 182 School of Accountancy Bachelor of Accountancy 51 51 School of Applied Sciences Bachelor of Science in Criminal Justice 36 Bachelor of Science in Exercise Science 26 Bachelor of Science 50 Bachelor of Social Work 65 Bachelor of Science in Family and Consumer Sciences 3 Bachelor of Arts in Parks and Recreation Management 5 Bachelor of Paralegal Studies 10 195 School of Journalism and New Media Bachelor of Arts 40 40 Graduate School Master of Arts 16 Master of Criminal Justice 3 Master of Science 16 Master of Social Work 1 Master of Accountancy 31 Master of Taxation 4 Master of Education 18 Specialist in Education 6 Master of Music 3 Doctor of Philosophy 23 Doctor of Pharmacy 7 128 Law School Juris Doctor 1 1 934

University of Mississippi Medical Center Undergraduate BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA ACADEMIC AFFAIRS August 18, 2011 Page 7 of 7

Institution Degree to be Conferred Number Subtotal Total Bachelor of Science in Nursing 20 Bachelor of Science in Clinical Laboratory Sciences 3 Bachelor of Science in Health Informatics and 4 Information Management Bachelor of Science in Health Sciences 5 32 Graduate/Professional Master of Science in Nursing 1 Master of Science 5 Master of Health Sciences 2 Doctor of Physical Therapy 13 Doctor of Philosophy 8 29 61

System Total 2299

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 1 of 28

SYSTEM: REAL ESTATE ITEMS APPROVED SUBSEQUENT TO THE JUNE 16, 2011 BOARD MEETING SUBMISSION DEADLINE

NOTE: THE FOLLOWING ITEMS WERE APPROVED BY THE BOARD'S REAL ESTATE AND FACILITIES STAFF ACCORDING TO BOARD POLICY §904 (A) BOARD APPROVAL WHICH STATES:

Board Policy §904(A), Board Approval

When funding has been secured from whatever source, each institution shall bring all new projects to the Board for the approval of the project initiation and the appointment of a design professional, as required in Board Policy §902, Initiation of Construction Projects. This request shall include a detailed description of the work to be accomplished, the total budget, the funding source and the design professional recommended to the Board for approval.

After the Board has granted approval of both the initiation of a project and the appointment of a design professional, no further Board action or approval is required for the completion of the project if the following conditions are met:

1. The detailed description of the work to be accomplished, as specifically approved by the Board within the project initiation, has not changed. 2. The total project budget has not increased beyond the amount specifically approved by the Board as part of the project initiation; 3. The funding source has not changed from that specifically approved by the Board as part of the project initiation; and 4. The design professional previously approved by the Board has not changed.

If the above four conditions have been met, the Board’s Real Estate and Facilities staff, through the Commissioner, shall have the authority to approve any and all necessary documents related to the completion of the subject construction project, including the approval of construction documents, the advertisement and receipt of bids, the approval of a bid, the award of a contract and any change orders.

Change Order Approval Note: No change orders approved by Board staff, as reflected within any of the following informational agenda items, increase the Board approved total project budget. The total project budget as approved by the Board provides for a contingency fund, which allows for an increase in the construction budget of between five and ten percent. Any increase in the total project budget caused by a change order, would require Board approval and could not be approved by Board staff.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 2 of 28

1. ASU – GS 101-282 – New Water Treatment Plant – Phase II

Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #1 in the amount of $10,440.54 and twenty-one (21) additional days to the contract of T.L. Wallace Construction. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #2 in the amount of $21,100.00 and zero (0) additional days to the contract of T.L. Wallace Construction. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval Date: June 13, 2011

Change Order Justification: Change Order #1 is necessary to meet safety regulations and to correct latent job conditions involving the communications lines. Upon excavation of sub-grade area for Chemical Bulk Storage slab it was discovered below the sub-grade was unstable. Change Order #2 is necessary due to water storage tank seam welding identified following initial tank draining and repair prior to re-painting.

Total Project Change Orders and Amount: Two (2) change orders for a total amount of $31,540.54

Project Initiation Date: N/A

Design Professional: Neel Shaffer

General Contractor: T.L. Wallace Construction

Contract Award Date: October 15, 2010

Project Budget: $1,750,000

Funding Source(s): HB 1701, L’10 DFA Discretionary ($750,000); HB 246, L’07 ($40,216.98); SB 2010, L’04 ($16,251.88); HB 1701, L’10 ($10,071.58); HB 1722, L’09 ($700,000); HB 1641, L’08 ($233,459.56)

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 3 of 28

2. JSU – GS 103-255 – Fire Suppression Phase I - Alexander Center

Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #1 in the amount of $552,628.00 and thirty-six (36) additional days to the contract of Flagstar Construction, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #2 in the amount of $28,359.60 and zero (0) additional days to the contract of Flagstar Construction, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval #3: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #3 in the amount of $105,740.00 and zero (0) additional days to the contract of Flagstar Construction, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval Date: (#1) June 3, 2011; (#2) June 24, 2011; (#3) June 27, 2011

Change Order Justification: Change Order #1 is necessary to address the need for the installation of additional fan coil units at Alexander Hall due to the deterioration of existing units and the construction of box covers for thru-wall fan coil units that have been removed. Also, asbestos needs to be removed in various areas throughout the building that were concealed and/or inaccessible during the initial abatement survey. Lastly, replacement parts and repairs are needed on building items such as water shut-off valves, electrical fixtures and fire/smoke alarm components. Change Order #2 is necessary to provide labor, materials, and equipment to repair and repaint finishes exposed in ten gang restroom locations where furring has been previously removed in conjunction with the on-going asbestos removal project. This includes caulking, finish repair, metal flashing and replacing return grille at existing exhaust fans. Change Order #3 is necessary to prime and paint new wood in 240 dorm rooms 24” down from ceiling and the top of cabinets. The change order will also delete installation of shut off valves on existing potable water lines in crawlspace.

Total Project Change Orders and Amount: Three (3) change orders for a total amount of $686,727.60

Project Initiation Date: August 20, 2009

Design Professional: CGM Group

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 4 of 28

General Contractor: Flagstar Construction Company, Inc.

Contract Award Date: May 6, 2011

Project Budget: $7,360,000

Funding Source(s): HB 1722, L’09 ($1,200,000); HB 1701, L’10 ($6,160,000)

3. JSU – GS 103-255 – Fire Suppression Phase I – (McAllister/Whiteside)

Staff Approval#1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #3 in the amount of $24,360.00 and zero (0) additional days to the contract of Metro Mechanical, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval#2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #4 in the amount of $6,062.57 and zero (0) additional days to the contract of Metro Mechanical, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval#3: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #5 in the amount of $31,970.00 and zero (0) additional days to the contract of Metro Mechanical, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval Date: (#1) June 24, 2011; (#2-#3) July 7, 2011

Change Order Justification: Change Order #3 is necessary to delete the CMU wall in shower stalls in five restroom locations, furnish and install revised millwork at 3 station lavatory areas with steel tubing to provide additional support and a melamine back to cover holes in CMU as per shop drawings, provide new ball type shut-off valves for new potable water piping in renovated restrooms, and provide new solid metal covers over slotted metal grates at four condensate drain junctions. Change Order #4 is necessary to provide labor, materials and equipment to install new line trap primers to three floor drains at 1st floor gang restrooms, to add 8,550 square ft. of floor tile abatement, and filler VCT for additional floor work needed to address latent conditions in East/West and core areas of the building, to delete prep and painting work on 350 existing dorm doors and frames, replace five 4” potable water shut off valves, and reduce utility allowance from $10,000 to $700. Change Order #5 is necessary to change the routing of the fire protection service line to the building to Pearl Street near the existing fire hydrant, to BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 5 of 28

relocate 6” backflow preventer and fire department connection with all piping accessories shown in detail on the contract drawings, to insulate heated aluminum enclosure (hot- box), to provide sod to repair the new excavated areas, and to downsize the pipe from 8” to 6” to match the new fire pump service requirements.

Total Project Change Orders and Amount: Five (5) change orders for a total amount of $223,976.17

Project Initiation Date: August 20, 2009

Design Professional: CGM Group

General Contractor: Metro Mechanical, Inc

Contract Award Date: May 6, 2011

Project Budget: $7,360,000

Funding Source(s): HB 1722, L’09 ($1,200,000); HB 1701, L’10 ($6,160,000)

4. JSU – GS 103-261 – Dansby Hall Replacemenet Phase I

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Design Development Documents as submitted by Vernell Barnes Architects/Foil –Wyatt Architects, design professional. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval Date: April 22, 2011

Project Initiation Date: November 20, 2003

Design Professional: Vernell Barnes Architects/Foil-Wyatt Architects

General Contractor: N/A

Contract Award Date: N/A

Project Budget: $696,000 (Part of $17,500,000 project)

Funding Source(s): HB 1641, L’08 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 6 of 28

5. MUW – GS 104-149 – Poindexter Hall Renovation

Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #5 in the amount of $41,856.00 and three (3) additional days to the contract of West Brothers, Inc.

Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #6 in the amount of $75,285.00 and twenty-four (24) additional days to the contract of West Brothers, Inc.

Staff Approval Date: (#1) May 26, 2011; (#2) May 31, 2011

Change Order Justification: Change Order #5 is necessary to provide labor, materials and equipment to furnish and install acoustic diffuser panel as described in RFP #003. Acoustic panels removed during bid process at request of Mississippi Department of Archives and History. MDAH reversed position and authorized change order. Change Order #6 is necessary to provide for architectural modifications as described in PCO 05 and structural modifications as described in PCO 06.

Total Project Change Orders and Amount: Six (6) change orders for a total amount of $349,091.58

Project Initiation Date: November 20, 2003

Design Professional: Pryor & Morrow

General Contractor: West Brothers

Contract Award Date: July 13, 2010

Project Budget: $9,579,000

Funding Source(s): SB 2010, L’04 ($6,930,000); HB 246, L’07 ($714,000); HB 1641, L’08 ($435,000); HB 1722, L’09 ($1,500,000)

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 7 of 28

6. MSU – GS 105-310 – Harned Hall Renovation – Phase I

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #7 in the amount of $19,528.73 and one hundred fifteen (115) additional days to the contract of Harrell Contracting Group, LLC. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval Date: July 6, 2011

Change Order Justification: Change Order #7 is necessary to add emergency battery lowering to new elevator, add annex fire alarm panel and designated power receptacles to emergency generator, add thermostats to new stairway fan coil units, add alarms and power connections to laboratory fume hoods, and add bronze plate over hole left by removed fire department connection.

Total Project Change Orders and Amount: Seven (7) change orders for a total amount of $1,180,725.95

Project Initiation Date: May 1, 2007

Design Professional: Eley Associates/Architects, P.A.

General Contractor: Harrell Contracting Group, LLC

Contract Award Date: April 7, 2009

Project Budget: $17,000,000

Funding Source(s): SB 2010, L’ 04 ($5,000,000); HB 246, L’07 ($12,000,000)

7. MSU – GS 113-117 – Wise Center Storm Repairs

Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #6 in the amount of $14,581.00 and six (6) additional days to the contract of Thrash Commercial Contractors, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #7 in the amount of $39,667.00 and five (5) additional BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 8 of 28

days to the contract of Thrash Commercial Contractors, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval Date: (#1) June 3, 2011; (#2) June 10, 2011

Change Order Justification: Change Order #6 is necessary for the removal of concrete slab and patching of CMU walls, removal of existing concrete curbs at four locations on roof, and removal, storage, and replacement of existing canopy. Change Order #7 is necessary to replace some steel relief angles and replacing some windows. The existing steel relief angle was not attached to the concrete embeds, but was welded to a reinforcing spacer. In addition, the attachment locations were not adequately spaced to support brick masonry.

Total Project Change Orders and Amount: Seven (7) change orders for a total amount of $436,059.00

Project Initiation Date: October 20, 2006

Design Professional: Pryor & Morrow Architects & Engineers, P.A.

General Contractor: Thrash Commercial Contractors, Inc.

Contract Award Date: January 25, 2010

Project Budget: $6,790,000

Funding Source(s): HB 1634, L’06 ($1,726,000); HB 1641, L’08 ($3,000,000); HB 1722, L’09 ($2,000,000); MSU CVM ($64,000)

8. MSU – GS 113-126 – Mech-Bost/Forest Products

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Air Control Engineering, Inc, the lower of two (2) bidders, for a total contract amount of $1,149,122. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval Date: June 14, 2011

Project Initiation Date: September 17, 2009

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 9 of 28

Design Professional: MJR/Senter

General Contractor: Air Control Engineering, Inc.

Contract Award Date: June 14, 2011

Project Budget: $1,450,000

Funding Source(s): HB 1722, L’09 ($911,700); HB 1701, L’10 Bureau of Building Energy Discretionary Funds ($538,300)

9. MSU – IHL 205-235G – Residence Halls Fire Protection

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #1 in the amount of $19,148.00 and zero (0) additional days to the contract of Dynamic Fire Protection, LLC.

Staff Approval Date: June 10, 2011

Change Order Justification: Change Order #1 is necessary to install new sheetrock case, install new sheetrock fur-down in basement, install new lay-in ceiling in basement, paint exposed sprinkler piping, increase fire pump size from 750 GPM @ 85 PSI to 750 GPM @ 125 PSI, and remove existing boiler from Rice Hall mechanical room.

Total Project Change Orders and Amount: One (1) change order for a total amount of $19,148.00

Project Initiation Date: January 21, 2010

Design Professional: LPK Architects, P.A.

General Contractor: Dynamic Fire Protection, LLC

Contract Award Date: March 9, 2011

Project Budget: $29,960,000

Funding Source(s): EBC Bonds ($29,960,000)

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 10 of 28

10. MSU – IHL 205-255 – Arbor Hall

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Contract Documents as submitted by LPK Architects, P.A., design professional.

Staff Approval Date: June 6, 2011

Project Initiation Date: November 18, 2010

Design Professional: LPK Architects, P.A.

General Contractor: N/A

Contract Award Date: N/A

Project Budget: $46,809,592.00

Funding Source(s): EBC Bonds ($46,809,592)

11. MVSU – GS 106-214 – Phase II Land Drain Infrastructure

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #1 in the amount of $8,298.00 and three (3) additional days to the contract of Malouf Construction, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval Date: May 26, 2011

Change Order Justification: Change Order #1 is necessary to install one 45’ class 3 pole, install 14” anchor and two guys, dead-end primary and neutral on new pole, build slack span to existing pole, and retire anchors and guys on existing pole.

Total Project Change Orders and Amount: One (1) change order for a total amount of $8,298.00

Project Initiation Date: March 19, 2009

Design Professional: W.L. Burle Engineers, P.A. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 11 of 28

General Contractor: Malouf Construction, Inc.

Contract Award Date: October 21, 2010

Project Budget: $1,400,000

Funding Source(s): AYERS Landscaping ($1,400,000)

12. MVSU – IHL 206-026 – Edna Horton Shower Renovations

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Ralph McKnight & Sons, the lower of three (3) bidders, for a total contract amount of $1,044,730.00.

Staff Approval Date: June 22, 2011

Project Initiation Date: N/A

Design Professional: Atherton Consulting Engineers

General Contractor: Ralph McKnight & Sons

Contract Award Date: June 22, 2011

Project Budget: $1,183,000

Funding Source(s): University Auxiliary Reserves ($1,183,000)

13. UM– GS 107-297 – Waste Water Treatment Plant

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #2 in the amount of $98,531.91 and one hundred fifty (150) additional days to the contract of Praire Construction, LLC. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval Date: May 6, 2011

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 12 of 28

Change Order Justification: Change Order #2 is necessary to adapt the RAS piping to connect directly into the CLR, provide rotor covers to the three (3) brush rotor aerators in the CLR, and to add 150 calendar days to the contract time to allow for fabrication, delivery, and installation of the rotor covers.

Total Project Change Orders and Amount: Two (2) change orders for a total amount of $98,151.91

Project Initiation Date: June 18, 2008

Design Professional: Engineering Solutions, Inc.

General Contractor: Praire Construction, LLC

Contract Award Date: April 30, 2010

Project Budget: $2,200,000

Funding Source(s): HB 1641, L’08 ($1,500,000); HB 246, L’07 ($100,000); Internal R&R ($600,000)

14. UM – IHL 207-345 – University Housing-Bid Package A

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to D. Carroll Construction, the lower of one (1) bidder, for a total contract amount of $559,000.00.

Staff Approval Date: June 22, 2011

Project Initiation Date: November 18, 2010

Design Professional: Cooke Douglass Farr Lemons + Eley & Associates – A Joint Venture

General Contractor: D. Carroll Construction

Contract Award Date: June 22, 2011

Project Budget: $39,314,500

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 13 of 28

Funding Source(s): UM EBC bond funds ($38,000,000); Self-generated funds ($1,314,500)

15. UM – IHL 207-345 – University Housing-Bid Package B

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Panola Construction Company, the lower of five (5) bidders, for a total contract amount of $2,479,000.00.

Staff Approval Date: May 24, 2011

Project Initiation Date: November 18, 2010

Design Professional: Cooke Douglass Farr Lemons + Eley & Associates – A Joint Venture

General Contractor: Panola Construction Company

Contract Award Date: May 24, 2011

Project Budget: $39,314,500

Funding Source(s): UM EBC bond funds ($38,000,000); Self-generated funds ($1,314,500)

16. UM – IHL 207-345 – University Housing-Bid Package C

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to SMSA Inc., the lower of three (3) bidders, for a total contract amount of $2,450,000.00.

Staff Approval Date: June 22, 2011

Project Initiation Date: November 18, 2010

Design Professional: Cooke Douglass Farr Lemons + Eley & Associates – A Joint Venture

General Contractor: SMSA, Inc.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 14 of 28

Contract Award Date: June 22, 2011

Project Budget: $39,314,500

Funding Source(s): UM EBC bond funds ($38,000,000); Self-generated funds ($1,314,500)

17. UM – IHL 207-345 – University Housing-Bid Package D

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Drywall System Plus, Inc., the lower of four (4) bidders, for a total contract amount of $4,082,800.00.

Staff Approval Date: May 24, 2011

Project Initiation Date: November 18, 2010

Design Professional: Cooke Douglass Farr Lemons + Eley & Associates – A Joint Venture

General Contractor: Drywall System Plus, Inc.

Contract Award Date: May 24, 2011

Project Budget: $39,314,500

Funding Source(s): UM EBC bond funds ($38,000,000); Self-generated funds ($1,314,500)

18. UM – IHL 207-345 – University Housing-Bid Package F

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to EMJ Corporation, the lower of four (4) bidders, for a total contract amount of $3,370,000.00.

Staff Approval Date: June 22, 2011

Project Initiation Date: November 18, 2010

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 15 of 28

Design Professional: Cooke Douglass Farr Lemons + Eley & Associates – A Joint Venture

General Contractor: EMJ Corporation

Contract Award Date: June 22, 2011

Project Budget: $39,314,500

Funding Source(s): UM EBC bond funds ($38,000,000); Self-generated funds ($1,314,500)

19. UM – IHL 207-345 – University Housing-Bid Package G

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Clinton Interiors, Inc., the lower of four (4) bidders, for a total contract amount of $3,800,000.00.

Staff Approval Date: June 22, 2011

Project Initiation Date: November 18, 2010

Design Professional: Cooke Douglass Farr Lemons + Eley & Associates – A Joint Venture

General Contractor: Clinton Interiors, Inc.

Contract Award Date: June 22, 2011

Project Budget: $39,314,500

Funding Source(s): UM EBC bond funds ($38,000,000); Self-generated funds ($1,314,500)

20. UM – IHL 207-345 – University Housing-Bid Package I

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to F.L. Crane & Sons, the lower of one (1) bidder, for a total contract amount of $1,262,086.00.

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 16 of 28

Staff Approval Date: May 24, 2011

Project Initiation Date: November 18, 2010

Design Professional: Cooke Douglass Farr Lemons + Eley & Associates – A Joint Venture

General Contractor: F.L. Crane & Sons, Inc.

Contract Award Date: May 24, 2011

Project Budget: $39,314,500

Funding Source(s): UM EBC bond funds ($38,000,000); Self-generated funds ($1,314,500)

21. UM – IHL 207-345 – University Housing-Bid Package J

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to ThyssenKrupp Elevator Corporation, the lower of one (1) bidder, for a total contract amount of $395,282.00.

Staff Approval Date: June 22, 2011

Project Initiation Date: November 18, 2010

Design Professional: Cooke Douglass Farr Lemons + Eley & Associates – A Joint Venture

General Contractor: ThyssenKrupp Elevator Corporation

Contract Award Date: June 22, 2011

Project Budget: $39,314,500

Funding Source(s): UM EBC bond funds ($38,000,000); Self-generated funds ($1,314,500)

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 17 of 28

22. UM – IHL 207-345 – University Housing-Bid Package K

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Fireline, Inc., the lower of four (4) bidders, for a total contract amount of $492,900.00.

Staff Approval Date: May 24, 2011

Project Initiation Date: November 18, 2010

Design Professional: Cooke Douglass Farr Lemons + Eley & Associates – A Joint Venture

General Contractor: Fireline, Inc.

Contract Award Date: May 24, 2011

Project Budget: $39,314,500

Funding Source(s): UM EBC bond funds ($38,000,000); Self-generated funds ($1,314,500)

23. UM – IHL 207-345 – University Housing-Bid Package L

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Ivey Mechanical Company, LLC, the lower of four (4) bidders, for a total contract amount of $6,398,000.00.

Staff Approval Date: June 2, 2011

Project Initiation Date: November 18, 2010

Design Professional: Cooke Douglass Farr Lemons + Eley & Associates – A Joint Venture

General Contractor: Ivey Mechanical Company, LLC

Contract Award Date: June 2, 2011

Project Budget: $39,314,500

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 18 of 28

Funding Source(s): UM EBC bond funds ($38,000,000); Self-generated funds ($1,314,500)

24. UM – IHL 207-345 – University Housing-Bid Package M

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Whitfield Electric Co., Inc., the lower of five (5) bidders, for a total contract amount of $3,474,000.00.

Staff Approval Date: May 24, 2011

Project Initiation Date: November 18, 2010

Design Professional: Cooke Douglass Farr Lemons + Eley & Associates – A Joint Venture

General Contractor: Whitfield Electric Company, Inc.

Contract Award Date: May 24, 2011

Project Budget: $39,314,500

Funding Source(s): UM EBC bond funds ($38,000,000); Self-generated funds ($1,314,500)

25. UM – IHL 207-349 – Howry Hall Renovation

Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Schematic Design Documents as submitted by Dale Partners, P.A., design professional.

Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Design Development Documents as submitted by Dale Partners, P.A., design professional.

Staff Approval Date: (#1-#2) June 6, 2011

Project Initiation Date: May 19, 2011

Design Professional: Dale Partners, P.A. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 19 of 28

General Contractor: N/A

Contract Award Date: N/A

Project Budget: $1,995,689

Funding Source(s): Internal R&R ($1,995,689)

26. UM – IHL 207-350 – Falkner Hall Renovation

Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Schematic Design Documents as submitted by Dale Partners P.A., design professional.

Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Design Development Documents as submitted by Dale Partners, P.A., design professional.

Staff Approval #3: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Contract Documents as submitted by Dale Partners, P.A., design professional.

Staff Approval #4: In accordance with Board Policy §904 (A) Board Approval, Board staff approved request to advertise for receipt of bids.

Staff Approval Date: (#1-#2) June 6, 2011; (#3-#4) June 22, 2011

Project Initiation Date: May 19, 2011

Design Professional: Dale Partners P.A.

General Contractor: N/A

Contract Award Date: N/A

Project Budget: $1,990,551.00

Funding Source(s): Internal R&R ($1,990,551)

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 20 of 28

27. UMMC – GS 109-195 – AED (Adult Emergency Department) Renovations

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Flagstar Construction Company, the lower of five (5) bidders, for a total contract amount of $8,858,700.00. Approval is requested from the Bureau of Building, Grounds, and Real Property.

Staff Approval Date: July 6, 2011

Project Initiation Date: November 14, 2007

Design Professional: Dale Partners Architects, P.A.

General Contractor: Flagstar Construction Company

Contract Award Date: July 6, 2011

Project Budget: $10,530,000

Funding Source(s): HB 246, L’07 ($5,130,000); HB 1641, L’08 ($2,000,000); HB 1722, L’09 ($2,500,000); HB 1701, L’10 ($900,000)

28. UMMC– IHL 209-505 – Pediatric Emergency Room Renovations

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #4 in the amount of $138,619.18 and zero (0) additional days to the contract of Evan Johnson & Sons Construction, Inc.

Staff Approval Date: July 6, 2011

Change Order Justification: Change Order #4 is necessary to provide additional patient access to the construction area, repair floor underlayment that was damaged while removing floor, address changes in case work to use specific modular system, extend medical gas and installation of new headers for maintenance reasons, and change in location of a generator radiator due to maintenance concerns.

Total Project Change Orders and Amount: Four (4) change orders for a total amount of $543,418.44

Project Initiation Date: November 16, 2007 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 21 of 28

Design Professional: Dale/Morris Architects

General Contractor: Evan Johnson & Sons Construction, Inc.

Contract Award Date: February 15, 2010

Project Budget: $5,633,275

Funding Source(s): Pediatric Clinic Fund and Patient Revenue ($5,633,275)

29. UMMC – IHL 209-534 – Parking, Roadways, and Infrastructure Renovations

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Schematic Design Documents as submitted by Cooke Douglass Farr Lemons, P.A., design professional and wavier of Design Development Documents.

Staff Approval Date: June 6, 2011

Project Initiation Date: April 15, 2010

Design Professional: Cooke Douglass Farr Lemons Architects, P.A.

General Contractor: N/A

Contract Award Date: N/A

Project Budget: $11,500,000

Funding Source(s): Interest Income ($625,000); 2010 and 2011 EBC ($8,500,000); Pending MDA Funds ($2,025,000)

30. UMMC – IHL 209-534A – Contract 1 Parking, Roadways, and Infrastructure Renovations

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Schematic Design Documents as submitted by Cooke Douglass Farr Lemons, P.A., design professional and wavier of Design Development Documents.

Staff Approval Date: June 6, 2011 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 22 of 28

Project Initiation Date: April 15, 2010

Design Professional: Cooke Douglass Farr Lemons Architects, P.A.

General Contractor: N/A

Contract Award Date: N/A

Project Budget: $1,197,280 (Part of $11,500,000 budget show below)

Funding Source(s): Interest Income ($625,000); 2010 and 2011 EBC ($8,500,000); Pending MDA Funds ($2,025,000)

31. UMMC – IHL 209-534B – Contract 2 Parking, Roadways, and Infrastructure Renovations

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Schematic Design Documents as submitted by Cooke Douglass Farr Lemons, P.A., design professional and wavier of Design Development Documents.

Staff Approval Date: June 6, 2011

Project Initiation Date: April 15, 2010

Design Professional: Cooke Douglass Farr Lemons Architects, P.A.

General Contractor: N/A

Contract Award Date: N/A

Project Budget: $5,213,533 (Part of $11,500,000 budget show below)

Funding Source(s): Interest Income ($625,000); 2010 and 2011 EBC ($8,500,000); Pending MDA Funds ($2,025,000)

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32. UMMC – IHL 209-534B – Contract 3 Parking, Roadways, and Infrastructure Renovations

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Schematic Design Documents as submitted by Cooke Douglass Farr Lemons, P.A., design professional and wavier of Design Development Documents.

Staff Approval Date: June 6, 2011

Project Initiation Date: April 15, 2010

Design Professional: Cooke Douglass Farr Lemons Architects, P.A.

General Contractor: N/A

Contract Award Date: N/A

Project Budget: $4,675,753 (Part of $11,500,000 budget show below)

Funding Source(s): Interest Income ($625,000); 2010 and 2011 EBC ($8,500,000); Pending MDA Funds ($2,025,000)

33. UMMC– IHL 209-535 – Learning Resources Renovation

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #1 in the amount of $19,776.00 and zero (0) additional days to the contract of Harrell Contracting Group, LLC.

Staff Approval Date: July 6, 2011

Change Order Justification: Change Order #1 is necessary to replace exterior window in area being renovated that had been leaking prior to the project, install fire wall due to duct above ceiling not where shown on original plans and to install lay-in ceiling in room that contract called for no ceiling due to change in room use.

Total Project Change Orders and Amount: One (1) change order for a total amount of $19,776.00

Project Initiation Date: April 15, 2010

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 24 of 28

Design Professional: Cooke Douglass Farr Lemons

General Contractor: Harrell Contracting Group, LLC

Contract Award Date: February 3, 2011

Project Budget: $2,850,000

Funding Source(s): Interest Income ($850,000); UMMC EBC funds ($2,000,000)

34. UMMC – IHL 209-540 – Restorative Laboratory Renovations-School of Dentistry

Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Contract Documents as submitted by Mark S. Vaughn, P.A., design professional.

Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved request to advertise for receipt of bids.

Staff Approval #3: In accordance with Board Policy §904 (A) Board Approval, Board staff approved the award of contract to Benson Construction & Masonry, the lower of five (5) bidders, for a total contract amount of $1,230,000.

Staff Approval Date: (#1-#3) July 5, 2011

Project Initiation Date: February 17, 2011

Design Professional: Mark S. Vaughn

General Contractor: Benson Construction & Masonry

Contract Award Date: July 5, 2011

Project Budget: $1,400,000

Funding Source(s): Hospital Patient Revenue ($785,600); Tuition & Fees ($614,400)

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35. USM – GS 108-235 – College Hall Renovations

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Contract Documents as submitted by Dale and Associates, P.A., design professional.

Staff Approval Date: June 22, 2011

Project Initiation Date: October 21, 2004

Design Professional: Dale and Associates, P.A.

General Contractor: N/A

Contract Award Date: N/A

Project Budget: $6,252,302.68

Funding Source(s): SB 3197, L’02 ($23,745); SB 2988, L’03 ($14,805.88); SB 2010, L’04 ($9,143.34); HB 246, L’07 ($2,957,745.50); HB 1641, L’08 ($2,728,381.41); HB 1722, L’09 ($493,159.34)

36. USM – IHL 214-014 – Hardy Hall Storm Damage Repair

Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Design Development Documents as submitted by Dale and Associates, P.A., design professional.

Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Contract Documents as submitted by Dale and Associates, P.A., design professional.

Staff Approval Date: (#1) May 24, 2011; (#2) June 2, 2011

Project Initiation Date: August 21, 2008

Design Professional: Dale and Associates, P.A.

General Contractor: N/A

Contract Award Date: N/A BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 26 of 28

Project Budget: $8,981,725

Funding Source(s): Insurance and FEMA Reimbursements ($8,981,725)

37. USM – IHL 214-015 – Lloyd Hall Storm Damage Repair

Staff Approval #1: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Schematic Design Documents as submitted by Allred Architectural Group, P.A., design professional.

Staff Approval #2: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Contract Documents as submitted by Allred Architectural Group, P.A., design professional and waiver of Design Development Documents.

Staff Approval #3: In accordance with Board Policy §904 (A) Board Approval, Board staff approved request to advertise for receipt of bids.

Staff Approval Date: (#1) June 2, 2011; (#2) June 22, 2011

Project Initiation Date: August 21, 2008

Design Professional: Allred Architectural Group P.A.

General Contractor: N/A

Contract Award Date: N/A

Project Budget: $2,208,922.94

Funding Source(s): Insurance and FEMA Reimbursements ($2,208,922.94)

38. USM – IHL 214-016 – Elizabeth Hall Storm Damage Repair

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Schematic Design Documents as submitted by Klee, Odom + Klee, P.A., design professional.

Staff Approval Date: June 2, 2011

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 27 of 28

Project Initiation Date: August 21, 2008

Design Professional: Klee, Odom + Klee

General Contractor: N/A

Contract Award Date: N/A

Project Budget: $2,000,000

Funding Source(s): Insurance and FEMA Reimbursements ($2,208,922.94)

39. ERC – GS 111-044 – Mechanical Modifications Program

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #2 in the amount of $36,586.14 and zero (0) additional days to the contract of Upchurch Plumbing, Inc.

Staff Approval Date: March 25, 2011

Change Order Justification: Change Order #2 is necessary to furnish and install two supply and two return fire dampers on each floor (36 total) and to modify piping supplying chilled water to the IHL and ETV Buildings.

Total Project Change Orders and Amount: Two (2) change orders for a total amount of $26,886.14

Project Initiation Date: N/A

Design Professional: Atherton Consulting Engineers, Inc.

General Contractor: Upchurch Plumbing, Inc.

Contract Award Date: November 12, 2010

Project Budget: $3,500,000

Funding Source(s): HB 246, L’07 ($2,500,000); HB 1641, L’08 ($500,000); HB 1722, L’09 ($500,000)

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE AUGUST 18, 2011 Page 28 of 28

40. ERC – GS 111-047 – (ARRA) ECM R&D Center

Staff Approval: In accordance with Board Policy §904 (A) Board Approval, Board staff approved Change Order #3 in the credit amount of ($6,000) and zero (0) additional days to the contract of Metro Mechanical, Inc.

Staff Approval Date: May 2, 2011

Change Order Justification: Change Order #3 is necessary to reduce the amount of the controls allowance. An allowance of $95,000 was included in the original bid documents. After taking prices, Siemens was the low controls contractor with a bid of $89,000. This is a deduction of the balance of the controls allowance.

Total Project Change Orders and Amount: Three (3) change orders for a total amount of $15,878

Project Initiation Date: N/A

Design Professional: Atherton Consulting Engineers, Inc.

General Contractor: Metro Mechanical, Inc.

Contract Award Date: August 18, 2010

Project Budget: $750,000

Funding Source(s): ARRA ($750,000)

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA LEGAL August 18, 2011 Page 1 of 3

SYSTEM - REPORT OF PAYMENTS 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 Mayo Mallette (statement dated 5/12/11) from the funds of Mississippi Board of Trustees of State Institutions of Higher Learning. (This statement, in the amount of $5,587.96, represents services and expenses in connection with Jackson HMA, LLC, et al. vs. Mississippi Department of Health, et al.)

TOTAL DUE……………………………….…….………………$ 5,587.96

Payment of legal fees for professional services rendered by David Ware & Associates (statements dated 5/26/11, 5/26/11, 6/1/11, 6/1/11 and 6/1/11) from the funds of Mississippi State University. (These statements, in the amounts of $2,500.00, $1,418.75, $2,000.00, $350.00 and $17.21, respectively, represent services and expenses in connection with labor certifications.)

TOTAL DUE……………………………….…….………………$ 6,285.96

Payment of legal fees for professional services rendered by Balch & Bingham (statements dated 5/13/11) from the funds of the University of Mississippi Medical Center. (These statements, in the amounts of $774.00 and $1,892.00, represent services and expenses in connection with General Advice.)

TOTAL DUE……………………………….…….………………$ 2,666.00

Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statements dated 12/17/10, 4/21/11, 5/16/11, 5/23/11 and 5/23/11) from the funds of the University of Mississippi Medical Center. (These statements represent services and expenses in connection with UMMC - North Clinic - General Advice - $4,821.56; UMMC - North Clinic - $85.00; Jackson HMA, LLC vs. UMMC, et al. - $695.43; UMMC - North Clinic - General Representation of the Medical School and Facility Practice Plans - $12,491.50 and UMMC - North Clinic - General Advice - $602.00, respectively.)

TOTAL DUE……………………………….…….………………$ 18,335.49

BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA LEGAL August 18, 2011 Page 2 of 3

Payment of legal fees for professional services rendered by John Kitchens, Esq. (statements dated 5/11/11, 6/2/11, 6/2/11, 6/2/11 and 6/2/11) from the funds of the University of Mississippi Medical Center. (These statements represent services and expenses in connection with the cases styled Seid - $6,853.28, Zeigler/Varnado - $2,224.50; Kermode (Federal Case) - $4,683.00; and UMMC (General) - $285.00, respectively.)

TOTAL DUE……………………………….…….………………$ 14,045.78

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 5/13/11, 5/13/11, 5/13/11, 5/13/11, 5/13/11, 5/13/11, 5/13/11, 5/13/11, 5/13/11, 5/13/11, 5/13/11, 6/16/11, 6/16/11, 6/16/11, 6/16/11, 6/16/11, 6/16/11, 6/16/11 and 6/16/11) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Canada: Compact Time-of-Flight Mass Spectrometer” - $25.50; “United Kingdom: Compact Time-of-Flight Mass Spectrometer” - $25.50; “Soybean Transformation and Regeneration Methods” - $2,225.00; “Method for Transformation of Cotton and Organogenic Regeneration” - $1,018.00; “Micro-Particulate Microbound Diet” - $25.50; “Alcohol Esterification (Condensor Train)” - $1,665.00; “Alcohol Esterification (Condensor Train)” - $25.50; “Esterification and Bio Oil Upgrading” - $2,510.00; “Esterification and Bio Oil Upgrading” - $195.50; “Srinivasan - Elusieve Processing CIP Application” - $42.50; “Steele - Solid Heat Carrier Pyrolysis Reactor” - $400.00; “Live Attenuated Catfish Vaccine” - $700.00; “DNA Molecule Decoding” - $2,140.00; “Soybean Transformation and Regeneration Methods” - $25.50; “Method for Transformation of Cotton and Organogenic Regeneration” - $17.00; “Alcohol Esterification (Condensor Train)” - $25.50; “Esterification and Bio Oil Upgrading” - $25.50; “Srinivasan - Elusieve Processing CIP Application” - $42.50 and Steele - Cellulosic Biodiesel Provisional Application” - $500.00, respectively.)

TOTAL DUE……………………………….…….………………$ 16,134.00

Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statements dated 5/20/11, 5/20/11, 5/23/11 and 5/23/11) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “Emerging Models for Wireless Communication Systems” - $4,518.50; “Chick Separation-Anxiety-Depression (SAD) Model” - $202.50; “Complexes and Compounds for Light Emitting Applications” - $42.50 and “A Device for Demonstrating and Measuring the Components of a Vector in 3-D Space” - $675.00, respectively.)

TOTAL DUE……………………………….…….………………$ 5,438.50 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA LEGAL August 18, 2011 Page 3 of 3

Payment of legal fees for professional services rendered by Hershkovitz & Associates (statements dated 5/4/11) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “Canada: 8-Aminoquinolines” - $842.56 and “Compositions for the Prevention/Prophylactic Treatment of Poison Ivy Dermatitis” - $489.25.)

TOTAL DUE……………………………….…….………………$ 1,331.81

Payment of legal fees for professional services rendered by Stites & Harbison (statements dated 5/20/11) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “In-Furnace Reduction of Nitrogen Oxide by a Biomass Derivative” - $2,077.00; “Europe: High- Speed Data Compression based on Set-Associative Cache Mapping Techniques” - $449.68; “India: High-Speed Data Compression based on Set Associative Cache Mapping Techniques” - $65.00; “Mexico: High-Speed Data Compression based on Set- Associative Cache Mapping Techniques” - $41.06; “Delivery of Medicaments to the Nail and Perionychium via ‘Etching’” - $356.00; “Australia: Stabilized Formulation of Triamcinolone Acetonide” - $186.00; “Canada: Stabilized Formulation of Triamcinolone Acetonide” - $350.00; “Europe: Stabilized Formulation of Triamcinolone Acetonide” - $350.00; “Stabilized Formulation of Triamcinolone Acetonide” - $40.50; “Europe: Method of Detecting Vibration and Sound Signatures of Human Footsteps” - $350.00 and “Canada: Method of Detecting Vibration and Sound Signatures of Human Footsteps” - $350.00, respectively.)

TOTAL DUE……………………………….…….………………$ 4,615.24 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA ADMINISTRATION/POLICY August 18, 2011 Page 1 of 2

1. SYSTEM – COMMISSIONER’S NOTIFICATION OF APPROVAL

The following items have been approved by the Commissioner on behalf of the Board and are available for inspection in the Board Office.

a. MSU - In accordance with Board Policy 1107 Enactment of Traffic Rules and Regulations, “the Board hereby delegates to the Commissioner of Higher Education the power to approve and authorize the enactment of such university traffic rules and regulations, which shall include university parking and traffic fines and fees, on behalf of the Board.” On July 19, 2011, the Commissioner approved the Policies for Traffic and Parking Rules and Regulations.

b. UM - In accordance with Board Policy 1107 Enactment of Traffic Rules and Regulations, “the Board hereby delegates to the Commissioner of Higher Education the power to approve and authorize the enactment of such university traffic rules and regulations, which shall include university parking and traffic fines and fees, on behalf of the Board.” On August 1, 2011, the Commissioner approved the Policies for Parking and Traffic Rules and Regulations.

c. UM – In compliance with Board Policy 701.06 Budget Escalations and Revisions, “all revisions to the annual budgets which do not increase the total amount of the budgets must be approved by the Commissioner prior to implementation and subsequently reported to the Board.” On August 1, 2011, the Commissioner approved the budget revisions to the Mississippi Law Research Institute and the Center for Manufacturing Excellence budgets for Fiscal Year 2011. The revisions contain no increases in the total budgets but rather reallocations amongst individual expense categories.

d. UMMC – In accordance with Board Policy 707.01 Land, Property, and Service Contracts, “the Commissioner is authorized and empowered to approve renewals of service expenditure contracts if the original contract was previously approved by the Board of Trustees, and if the contract amount does not exceed 110% of the current contract.” On June 6, 2011, the Commissioner approved the renewal of a contract between the University of Mississippi Medical Center and Mobile Medic Ambulance Service, Inc., d/b/a American Medical Response (AMR). The purpose of the agreement is to allow for the continued provision of non- emergency transport services to patients who no longer require acute care hospitalization and treatment for which no other payer source for non-emergency transportation is available. This agreement will expire on June 30, 2012. UMMC has the option to renew the agreement annually upon submission of applicable contract and required documentation. The total cost for the twelve months of BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA ADMINISTRATION/POLICY August 18, 2011 Page 2 of 2

services is approximately $500,000 depending upon AMR’s fee schedule for different types of transportation. This amount has remained unchanged since December 2006. This agreement was most recently approved by the Board of Trustees in June 2010 for a one year term through June 30, 2011.

e. UMMC - In accordance with Board Policy 707.01 Land, Property, and Service Contracts, “the Commissioner is authorized and empowered to approve renewals of service expenditure contracts if the original contract was previously approved by the Board of Trustees, and if the contract amount does not exceed 110% of the current contract.” On June 30, 2011, the Commissioner approved the extension of a contract between the University of Mississippi Medical Center and Cooke Douglass Farr Lemons Architects and Engineers, P.A. for an additional year. The cost for the renewal period, which ends on June 30, 2012, will not exceed $750,000. The purpose of the agreement is to provide architectural and engineering planning, design and management services to fulfill UMMC’s master plan. The current contract was entered into on April 2010 but was under the threshold requiring the Board’s approval. In November 2010, UMMC requested the Board’s approval to amend the consulting agreement to provide additional services increasing the total contract cost to $695,000. This current agreement will expire on June 30, 2011.

f. USM – In compliance with Board Policy 701.06 Budget Escalations and Revisions, “all revisions to the annual budgets which do not increase the total amount of the budgets must be approved by the Commissioner prior to implementation and subsequently reported to the Board.” On June 30, 2011, the Commissioner approved the budget revisions to the On Campus, Gulf Coast Campus, Gulf Coast Research Lab and Auxiliary budgets for Fiscal Year 2011. The revision contains no increases in the total budgets but rather reallocations amongst individual expense categories.

g. System – On July 21, 2011, the Commissioner reviewed and approved the Quarterly Employment Reports which lists all hires and all separations for the period beginning April 1, 2011 and ending June 30, 2011. These reports are required by Board Policies 401.0102 Delegation of Authority and 801.09 Resignations.