BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING
Final Board Book February 20–21, 2008
AGENDA BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING EDUCATION AND RESEARCH CENTER UNIVERSITIES CENTER 3825 RIDGEWOOD ROAD JACKSON, MISSISSIPPI February 20-21, 2008
Wednesday, February 20, 2008 COMMITTEE MEETING SCHEDULE
A. Committee Meetings: ● 1:00 p.m. – Gulf Coast Special Committee ● 1:45 p.m. – Real Estate & Facilities Committee ● 2:15 p.m. – Budget, Finance & Audit Committee ● 2:45 p.m. – Educational Policies & Programs Committee ● 3:45 p.m. – Governance Committee
Times are approximate. Committees will begin when the previous committee is finished.
Thursday, February 21, 2008 ______A. 8:30 a.m. – Call to Order B. Prayer – Dr. D. E. Magee C. Approval of Minutes ♦ January 17, 2008 Regular Board of Trustees Meeting D. Special Presentation ♦ Mr. Mayo Flynt, AT&T E. Black History Month Recognition – Dr. D. E. Magee F. Presentation on Economic Development by Dr. Alice Clark, The University of Mississippi – Mr. Roy Estess G. Consent Agenda – Dr. Stacy Davidson H. Educational Policies & Programs – Dr. Bettye Henderson Neely I. Budget, Finance & Audit – Mr. Aubrey Patterson J. Real Estate & Facilities – Mr. Scott Ross K. Governance – Dr. D. E. Magee L. Legal – Ms. Amy Whitten M. Gulf Coast Committee Update – Ms. Amy Whitten N. Strategic Planning Committee Update – Mr. Thomas Colbert O. Administration/Policy - Dr. Thomas C. Meredith P. Commissioner’s Report - Dr. Thomas C. Meredith Q. Additional Agenda Items if Necessary R. Reconsideration S. Other Business/Announcements Special Introduction ♦ Dr. Eric Clark, Executive Director, Community and Junior Colleges T. Executive Session if Determined Necessary U. Adjournment BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING FEBRUARY 21, 2008
TABLE OF CONTENTS
I. APPROVAL OF THE MINUTES
1. January 17, 2008 Regular Board of Trustees Meeting...... 1
II. *CONSENT ITEMS
A. PERSONNEL
Approval of Personnel Requests
1. Employment (JSU, MSU, UM & UMMC)...... 34 2. Change of Status of Personnel (JSU, MSU, UMMC & USM) ...... 35 3. Sabbatical Leave (UM)...... 38 4. Emeritus Status (UMMC)...... 41
*Without objection, these items will not be discussed (unless there are questions) and will stand approved as presented.
III. APPROVAL & INFORMATION ITEMS
A. EDUCATIONAL POLICIES & PROGRAMS
1. System Administration – Amendments and Additions to Board Policy (For First Reading) ...... 42 2. System Administration – Approval of Modifications to Existing Academic Programs ...43 3. System Administration – Approval of New Academic Unit...... 44 4. System Administration – Revision to Addendum to Memorandum of Agreement for Participants in the Southern Regional Education Board State Doctoral Scholars Program ...... 44 5. System Administration – Institutes and Centers (Information Only)...... 44 6. System Administration – 2008 HEADWAE Honorees (Information Only)...... 45
B. BUDGET, FINANCE AND AUDIT
1. JSU – Approval of Resolution to Convert Interest Rate Period on Series 2004-B Bonds ...... 46 2. UMMC – Approval of Contracts A. Consulting Service Agreements with Computer Science Corporation (CSC) Consulting, Inc. 1. UMMC - Agreement to the Manage Revenue Cycle for Hospital Services...... 47 2. UMMC - Agreement to Provide Leadership and Operational Support to the Inpatient Surgery Center & Sterile Processing Department ...... 47
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3. UMMC – Agreement Amendment to Achieve an Overall Supply Chain Financial Improvement...... 47 4. UMMC – Agreement Amendment to Implement Perioperative and Central Services Clinical Redesign Initiatives ...... 47
B. Lease Agreements with Select Specialty Hospital – Jackson, Inc. 1. UMMC – Agreement to Lease Space to Relocate the Sleep Lab ...... 48 2. UMMC – Agreement to Lease Space to Relocate the Outpatient Gastro- Intestinal/Endoscopy Outpatient Clinic...... 48
C. Service Agreement with Laboratory Corporation (LabCorp) of America 1. UMMC – Agreement to Provide Testing and Consultant Services for Matching Outside Patients to Potential Transplant Donors...... 48
D. Contract Amendment with ShareStaff, LLC 1. UMMC – Amendment to Allocate Additional Funds to Nursing and Allied Health Staffing ...... 49 3. System Administration – Approval to Escalate the Mississippi Office of Student Financial Aid Budget...... 50
C. REAL ESTATE & FACILITIES
Approval of Initiations of Projects/Appointments of Professionals
1. DSU – GS 102-220, Cafeteria Infrastructure Renovation...... 51 2. MSU – IHL 205-234, Research and Technology Park Road...... 51 3. MSU – IHL 205-237, Parking Lot South...... 51 4. MVSU – GS 106-184, Business Education Building ...... 51 5. MVSU - GS 106-210, Science and Technology Building ...... 52 6. MVSU - GS 106-211, J. H. White Library Building ...... 52 7. MVSU – Re-Roof College Hall I...... 52 8. UM – IHL 207-308, Hot Water Loop Expansion ...... 52 9. UMMC – GS 109-195, Adult Emergency Renovation -2007...... 52 10. UMMC – IHL 209-508, R019 CT Scanner Renovations ...... 53 11. USM – IHL 208-284, Textbook Center Renovation...... 53
Approval of Budget Increase/Change of Scope
12. UM – GS 107-286, Coulter Hall Phase 1A...... 53
Approval of Other Real Estate and Facilities Requests
13. JSU – Revisions to the IHL Approved Facilities Needs Requests...... 54 14. USM – Approval of Development Agreement ...... 54 15. UM – Revisions to the IHL Approved 2008 Capitol Needs Requests...... 71 16. UM – IHL 207-294, Residential College...... 71 17. System Administration: Real Estate and Facilities Items Approved Subsequent to the January 17, 2008 Board Meeting (Information Only)...... 73
D. GOVERNANCE
1. System Administration – Discussion and Request for Approval for First Reading of Proposed Amendments to Board Policy 301.0806 University Foundation/Affiliated Entity Activities ...... 78
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E. LEGAL
1. MUW – Approval to Hire Outside Counsel...... 82 2. USM – Approval to Hire Outside Counsel ...... 82 3. System Administration – Report of Payments to Outside Counsel (Information Only)...82 4. System Administration – The Quarterly Litigation Expense Report Relating to the IHL Tort Plan (Information Only)...... 87 5. System Administration – The Quarterly Litigation Expense Report Relating to the IHL Workers’ Compensation Plan (Information Only) ...... 96
F. ADMINISTRATION/POLICY
1. System Administration – Commissioner’s Notification of Approval (Information Only)...... 102
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MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING
January 17, 2008 Regular Board of Trustees Meeting
02/18/2008 MINUTES OF THE BOARD OF TRUSTEES OF 2 STATE INSTITUTIONS OF HIGHER LEARNING January 17, 2008
BE IT REMEMBERED, That the Board of Trustees of State Institutions of Higher Learning of the State of Mississippi met in a regular session at the Board Office in Jackson, Mississippi, at 8:30 a.m., and pursuant to notice in writing mailed by certified letter with return receipt requested on November 27, 2007, to each and every member of said Board, said date being at least five days prior to this January 17, 2008 meeting. At the above-named place there were present the following members to wit: Mr. H. Ed Blakeslee, Mr. Thomas W. Colbert, Dr. Stacy Davidson, Dr. D. E. Magee, Jr., Dr. Bettye Henderson Neely, Ms. Virginia Shanteau Newton, Mr. Bob Owens, Mr. Aubrey B. Patterson, Ms. Robin J. Robinson, Mr. Scott Ross and Ms. Amy Whitten. Mr. Roy Estess was absent. The meeting was called to order by Dr. Stacy Davidson, President, and opened with prayer by Ms. Robin Robinson.
ANNOUNCEMENT
Dr. Davidson announced that Mr. Tally D. Riddell, Sr. passed away this week. Mr. Riddell was a former Board member from 1956 to 1968. Mr. Patterson briefly spoke of Mr. Riddell’s many accomplishments. On motion by Mr. Patterson, seconded by Ms. Whitten, with Mr. Colbert and Mr. Estess absent and not voting, the Board approved the creation of a resolution in honor of Mr. Tally D. Riddell, Sr. and to spread the resolution upon the minutes.
RECOGNITIONS
• Dr. Thomas Meredith announced that after many years of service Dr. Wayne Stonecypher, Executive Director of the Community and Junior Colleges, will be retiring. Dr. Meredith gifted Dr. Stonecypher with a book as a token of appreciation for his great service to higher education and the state of Mississippi. • Dr. Meredith then expressed his appreciation for Dr. Malvin Williams who served as the Interim President of Alcorn State University. Dr. Williams was retired when he was asked to serve as the interim. Dr. Meredith gifted Dr. Williams with an oil painting as a token of appreciation for his dedication and service to Alcorn State University.
ANNOUNCEMENTS
• Dr. Davidson welcomed Dr. George Ross as the 17th president of Alcorn State University. Dr. Ross expressed his appreciation of the warm welcome. • Dr. Davidson announced that Ms. Amy Whitten was named as one of the fifty top business women in the state of Mississippi. Dr. Davidson congratulated her for receiving such an honor.
APPROVAL OF THE MINUTES
On motion by Ms. Robinson, seconded by Ms. Newton, with Mr. Estess absent and not voting, it was
RESOLVED, That the Minutes of the Board meeting held on November 14, 2007, stand approved.
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CONSENT AGENDA
On motion by Ms. Robinson, seconded by Mr. Patterson, with Mr. Estess absent and not voting, it was
RESOLVED, That the Board hereby approved the following Consent Agenda.
EDUCATIONAL POLICIES AND PROGRAMS
1. System Administration - Approved the degrees conferred in December 2007, as follows:
Institution Degree to be Conferred Number Subtotal Total
Jackson State University Undergraduate Bachelor of Arts 4 Bachelor of Business Administration 43 Bachelor of Science 75 Bachelor of Social Work 7 129 Graduate Doctor of Philosophy 1 Specialist in Education 2 Master of Business Administration 5 Master of Professional Accountancy 7 Master of Public Health 7 Master of Science 12 Master of Science in Education 20 54 183
2. System Administration - Approved the degrees to be conferred in February 2008, as follows:
Institution Degree to be Conferred Number Subtotal Total
University of Mississippi Medical Center Graduate/Professional Master of Science 2 Doctor of Philosophy 5 7
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BUDGET, FINANCE AND AUDIT
3. UMMC - Approved the request to extend the current contract with MedQuist, Inc. The contract provides full service medical transcription and related health information management services. The term of the renewal contract is on or about January 1, 2008 through June 30, 2008. The amount for the
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new contract period will not exceed $360,000 and the total contract will not exceed $3 million. A copy of the contract which has been reviewed and approved by the Attorney General’s Office is on file in the January 17, 2008 Board Working File.
4. UMMC - Approved the request to amend the lease agreement with the Jackson Medical Mall Foundation. The 35th amendment will lease additional space to be used for clinical space for patients and for study-related activities in conjunction with the National Institute for a Diabetes and Digestive and Kidney Diseases grant entitled “National Children’s Study.” The term of the amendment is February 1, 2008 through September 27, 2012. The total contract is $257,217.82. A copy of the contract which has been reviewed and approved by the Attorney General’s Office is on file in the January 17, 2008 Board Working File.
5. UMMC - Approved the request to enter into a service contract with National Billing Associates to provide billing, claims submission, and collection services for the Home Dialysis Training Program. The contract will be for a period of three years effective February 1, 2008. The fee for the contract term is 4% of the adjusted gross collections. Fees for claims denied prior to the contract effective date is 20% of adjusted gross collections. The total cost for the contract is projected at $853,264. A copy of the contract which has been reviewed and approved by the Attorney General’s Office is on file in the January 17, 2008 Board Working File.
6. System Administration (Information item.) - At the September 19-20, 2007 Board meeting, Jackson State University requested approval for a Resolution authorizing the Jackson State University Educational Building Corporation (the “JSU/EBC”) to enter into a bond swap with notional amount of $30 million. Final Board approval was delegated to Mr. Scott Ross, Chairman of the Real Estate and Facilities Committee, and Mr. Aubrey Patterson, Chairman of the Budget, Finance, and Audit Committee. Subsequent to the September Board meeting, Mr. Ross and Mr. Patterson have approved the JSU/EBC bond swap. A properly executed Resolution will be prepared and signed by the appropriate IHL representatives. To date, the swap has not been finalized.
REAL ESTATE AND FACILITIES
7. JSU – Approved the initiation of GS 103-247, J.Y. Woodard Building Renovation, under HB 1440, Laws of 2006. The project will provide necessary ventilation and additions to convert space currently used by the School of Engineering to labs for the Department of Art. Funds are available in the amount of $250,000 from SB 2010, Laws of 2004 (reimbursable).
8. JSU - Approved the initiation of GS 103-248, Dining Hall Renovation, under HB 1440, Laws of 2006, which will include relocating academic programs, equipment, office space, etc. from Johnson Hall to the Dining Hall Facility. Funds are available in the amount of $100,000 from SB 2010, Laws of 2004, and in the amount of $150,000 from GS 103-219, Johnson/Dansby Replacement.
9. MSU - Approved the initiation of IHL 213-137, Horse Park Site, and the appointment of David Howell, PE, MAFES Engineer as project professional for the development of a site grading plan for the removal of soil from the interior of the harness track, for the construction of additional recreational vehicle parking spots, and for an additional restroom/bath house. Any consultants needed for this
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project will be hired on an “as needed” basis. The project budget is $500,000. Funding is available from the MSU-Extension Service.
10. MUW - Approved the initiation of GS 104-161, Cromwell Electrical & Mechanical, and the appointment of Atherton Engineering as project professionals for mechanical and electrical repairs to the Cromwell HVAC system, the power distribution loop and steam tunnels. The project budget is $250,000. Funds are available from HB 246, Laws of 2007.
11. USM - Approved the appointment of Albert & Associates of Hattiesburg, MS, as design professionals for IHL 214-013, Entertainment Industry Facility, Gulf Park Campus. The project was publicly advertised and six (6) proposals were received with the top three (3) proposals being interviewed by a selection panel. Funding is available from university sources in the amount $65,000.
12. UMMC - Approved the initiation of IHL 209-506, Emergency Fuel Center, and the award of a contract to Wilkinson Construction, Inc., the lower of two (2) bidders in the amount of $261,262. The project was started in-house with an initial budget under $250,000. Documents have been completed and bids received. Since the low bid exceeds $250,000, the project now requires Board approval. The project budget is $275,000. Funding is available from interest income.
13. JSU - Approved the request to transfer funds in the amount of $116,000 from SB 3120, Laws of 1996, to GS 103-231, E-City Center Project. This transfer will increase the project budget to $806,000. This project will create a newly designed building on a site located near the new Metro Parkway and house the Mississippi Department of Economic Development.
14. UM - Approved the request to select a new design professional and to increase the budget from $500,000 to $650,000 for an increase of $150,000 to cover contract costs for IHL 207-295, Comprehensive Master Plan. The university previously selected and the Board approved Hanbury, Evans, Wright and Vlattas of Norfolk, Virginia as the design professionals. However, since contract negotiations were unsuccessful, the university is requesting a change of professional. Funds are available from self-generated sources.
15. USM - Approved the request to increase the budget from $700,000 to $3,500,000 for the IHL 208-268, Data Center Upgrade at the Hattiesburg campus. The project was originally initiated to correct several electrical and mechanical shortcomings in the center. A Mississippi Department of Education grant has been awarded to the university in the amount of $3,500,000 that allows the scope of the upgrade to be expanded to correct current deficiencies, increase security, and satisfy estimated growth needs for the Data Center.
16. MSU - Approved a lease for an estimated three hundred thirteen (313) square feet of a university facility by nCode, Inc., a commercial entity involved in collaborative research with MSU and economic development in the state of Mississippi. The facility under consideration for lease by this commercial entity is the Center for Advanced Vehicular Systems. Allowing the lease of a small portion of the facility would greatly enhance the university’s research efforts and enable further economic development of the State.
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PERSONNEL REPORT
EMPLOYMENT CHANGE OF STATUS
Alcorn State University - Athletics University of Mississippi Ridgeway, Larry D. Jones, Ernest T., Head Football Coach and Instructor, Department of Health, Physical University of Mississippi Medical Center Education and Recreation; Effective January 2, Davis, Adrian R. 2008 to December 31, 2010; Salary of $140,000 per Hawxby, Alan M. annum, prorata. Horn, Donald K.
University of Mississippi EMERITA/EMERITUS STATUS Chen, Fan Perry, Kimberly W. University of Mississippi Medical Center Zardiackas, Lyle D. University of Mississippi Medical Center Stubbs, Paula L.
University of Southern Mississippi Herndon, Michael
EDUCATIONAL POLICIES & PROGRAMS AGENDA Presented by Dr. Bettye Neely, Chair
On motion by Dr. Neely, seconded by Ms. Robinson, with Mr. Estess and Ms. Whitten absent and not voting, it was
RESOLVED, That the Board hereby approved agenda item #1 as submitted on the following Educational Policies & Programs Agenda.
1. System Administration - Approved Mississippi State University’s request to create the National Strategic Planning and Analysis Research Center within the Office of Research and Economic Development.
2. System Administration (Information item.) - Online degree programs to be offered. a. Delta State University plans to offer the Master of Education in Elementary Education (CIP 13.1202). b. Delta State University plans to offer the Master of Business Administration (CIP 52.0201). c. The University of Mississippi Medical Center is offering the Bachelor of Science in Clinical Laboratory Sciences (Advanced Standing Curriculum) (CIP 51.1105). d. The University of Mississippi Medical Center is offering the Bachelor of Science in Health Information Management (Progression Curriculum) (CIP 51.0706).
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e. The University of Mississippi Medical Center is offering the Bachelor of Science in Health Sciences (CIP 26.9999). f. The University of Mississippi Medical Center is offering the Doctor of Physical Therapy (Transitional Curriculum) (CIP 51.2308).
3. System Administration (Information item.) - Modification of an existing academic unit. In order to allow for tighter academic controls to insure compliance with SACS, The University of Southern Mississippi informed the Board at both the April and July 2005 Board of Trustees meetings of several unit reorganizations that took place which included a name change for the Office of Non-Credit Programs to the Office of Non-Credit Programs and Conferences within the Office of the Provost. The university has since renamed the Office of Non-Credit Programs and Conferences to the Office of Professional Development and Educational Outreach.
4. System Administration (Information item.) - Institutes and Centers a. Mississippi State University has established the Northern Gulf Institute. This limited scope and outreach center will address critical coastal and inland issues including ecosystem impacts, watershed management, coastal hazards, and resiliency. Housed in MSU offices at the Stennis Space Center, the institute is funded through extramural resources. b. The University of Southern Mississippi has established the Center for Research in Creative Learning. This limited scope and outreach center will foster collaborative partnerships of arts and science programs with state and national education, arts, and science agencies to advance and apply research in learning for Mississippi PK12 professional learning communities. Housed in the College of Science and Technology, the center is funded through extramural resources.
5. Other Business - Dr. Neely thanked Dr. Lynn House, Assistant Commissioner for Academic and Student Affairs and those committee members who attended the committee meeting yesterday. She also thanked Dr. Dennis Watts, former IHL Director of Academic Affairs, for his work on revising the academic policies.
LEGAL AGENDA Presented by Ms. Amy Whitten, Chair
On motion by Ms. Whitten, seconded by Ms. Robinson, with Mr. Estess absent and not voting, the Board approved moving agenda item #1 to the Executive Session agenda. On motion by Ms. Whitten, seconded by Ms. Newton, with Mr. Estess absent and not voting, it was
RESOLVED, That the Board hereby approved agenda item #2 as submitted on the following Legal Agenda. Pending final approval by the Opinions Division of the Attorney General’s Office, agenda item #3 was approved on a separate motion by Ms. Whitten, seconded by Ms. Newton, with Mr. Estess absent and not voting. On motion by Ms. Whitten, seconded by Mr. Patterson, with Mr. Estess absent and not voting, the Board approved moving agenda item #5 to the Executive Session agenda.
1. UM - Settlement of the case styled Sallie Moore v University of Mississippi. (THIS ITEM WAS TAKEN UP DURING THE FIRST EXECUTIVE SESSION.)
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2. MSU - Approved the request to enter into a contract with the firm of David Ware & Associates, L.L.C., located in Jackson, MS, Metairie and Baton Rouge, LA, and Pensacola, FL, to provide services necessary in preparing labor certification applications on behalf of the university for its employees who seek permanent residence status. This contractual agreement is necessary due to amendments by the US Department of Labor to the permanent labor certification regulations, specifically: The employers are required to pay the cost of preparing, filing, and obtaining certification, and prohibits an employer from transferring those costs to the beneficiary. This includes a prohibition on the alien paying the employer’s attorney fees. The rule does allow an alien to pay his or her own personal costs incurred in connection with a labor certification, including attorney fees for personal legal representation, but where the same attorney represents both the alien and the employer, the costs must be borne by the employer. The term of the contractual agreement will be for one (1) year, for a maximum amount payable of $50,000 during contract term. This contract has been reviewed and approved by the Attorney General’s Office.
3. MUW - Approved the request to enter into an Interlocal Cooperation Agreement with the City of Columbus regarding specific actions by the city police on the MUW campus. The Agreement was approved by the City Council of Columbus on December 18, 2007. Upon approval by the IHL Board, this agreement will be sent to the Opinions Division of the Attorney General’s Office for final approval. A copy of this agreement is included in the bound January 17, 2008 Board Working File.
4. System Administration (Information item.) - The Board received a report of the payment of legal fees to outside counsel. (See Exhibit 1.)
5. System Administration - The Board recently renewed a contract for legal services between the law firm of DLA Piper U.S. and Mississippi State University for intellectual property services. Following approval of the contract renewal, it was discovered that an attorney in this firm is representing the MUW Alumnae Association in suing the IHL Board, Dr. Limbert and Mississippi University for Women. Therefore, discussion of termination of the contract with DLA Piper U.S. is appropriate at this time. (THIS ITEM WAS TAKEN UP DURING THE FIRST EXECUTIVE SESSION.)
FIRST EXECUTIVE SESSION
On motion by Ms. Whitten, with Mr. Estess absent and not voting, the Board voted to close the meeting to determine whether or not it should declare an Executive Session. On motion by Ms. Whitten, seconded by Dr. Davidson, with Mr. Estess absent and not voting, the Board voted 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 the University of Mississippi and Discussion of a legal matter at Mississippi State University.
During Executive Session, the following matters were discussed and/or voted upon:
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On motion by Ms. Whitten, seconded by Dr. Davidson, with Mr. Estess absent and not voting, the Board approved the settlement of the Workers’ Compensation case styled Sallie Moore v University of Mississippi.
On motion by Ms. Whitten, seconded by Ms. Robinson, with Mr. Estess absent and not voting, the Board approved the termination of the contract for legal services between DLA Piper U.S. and Mississippi State University.
On motion by Dr. Neely, seconded by Mr. Ross, with Mr. Estess absent and not voting, the Board voted to return to Open Session.
By consensus, the Board agreed to move item #1 on the Administration/Policy Agenda and the entire Governance Agenda forward in the meeting.
ADMINISTRATION/POLICY AGENDA Presented by Dr. Thomas Meredith, Commissioner
1. System Administration - Election of Vice President of the Board of Trustees for the term beginning May 8, 2008 and ending May 7, 2009.
Dr. Magee opened the floor for nominations for the office of Vice President of the Board. Dr. Neely nominated Mr. Scott Ross, the motion was seconded by Ms. Whitten, with Mr. Estess absent and not voting. There being no further nominations, the nominations were closed. It was
RESOLVED, that Mr. Scott Ross was elected as Vice President of the Board for a one year term, beginning May 8, 2008.
GOVERNANCE AGENDA Presented by Dr. D. E. Magee, Chair
On motion by Dr. Magee, seconded by Ms. Newton, with Mr. Estess absent and not voting, it was
RESOLVED, That the Board hereby approved agenda item #1 as submitted on the following Governance Agenda.
1. System Administration - Approved the proposed amendments to Board Policy 201.0608 Institutional Executive Officer/Commissioner of Higher Education Search Process. (See Exhibit 2.)
2. Other Business - Dr. Magee noted that there was one item concerning the agreements between the universities and affiliate groups which was removed from the agenda. This was done to allow for further review.
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GULF COAST COMMITTEE Presented by Ms. Amy Whitten, Chair
Chairman Amy Whitten asked Commissioner Meredith to report on the progress of the University of Southern Mississippi Gulf Coast campus. Dr. Meredith noted only one item to report which was the appointment of Eley/Allred/Saski as the design professionals for master planning. Ms. Whitten requested a report to be presented in February consisting of tentative dates for the phases of the construction process.
BUDGET, FINANCE & AUDIT AGENDA Presented by Mr. Aubrey Patterson, Chair
On motion by Mr. Patterson, seconded by Mr. Colbert, with Mr. Estess absent and not voting, it was
RESOLVED, That the Board hereby approved agenda item #2 as submitted on the following Budget, Finance & Audit Agenda.
1. Other Business - Dr. Linda McFall, IHL Assistant Commissioner for Finance and Administration, announced that Governor Haley Barbour established a committee to review the tax structure in Mississippi. One of the tasks of this committee is to find a revenue stream to specifically fund higher education. There are two IHL representatives on this committee: Trustee Aubrey Patterson and Mr. Troy Stovall, the Chief Financial Officer from Jackson State University. Dr. McFall congratulated them both.
2. JSU - Approved the request to amend an agreement with Follett Higher Education Group, Inc. to assist JSU in its campus bookstore facility renovation. The amendment temporarily decreases Jackson State University’s sales commission from 10% on the first $4 million of gross revenue to 8.5% until the reduction of the 1.5% of gross revenues equals $410,000. Follett will advance the $410,000 in commissions so the renovation can be completed by JSU. Once the $410,000 is repaid, the modified commission percentage will return to its previous rate of 10%. A copy of the agreement which was reviewed and approved by the Attorney General’s Office is on file in the January 17, 2008 Board Working File.
STRATEGIC PLANNING COMMITTEE Presented by Mr. Thomas Colbert, Chair
Chairman Thomas Colbert asked Commissioner Meredith to summarize the discussions that took place at the committee meeting yesterday. Commissioner Meredith announced that a Strategic Initiative Summit has been scheduled for Wednesday, February 13th at the TelCom Center downtown. The Summit will focus on the strategic direction to improve the quality and quantity of Mississippi’s baccalaureate degree holders. Commissioner Meredith introduced Dr. Jim Borsig, IHL Assistant Commissioner for Governmental Relations and Special Projects, who briefly summarized the Strategic Initiative Performance Matrix which was presented during the meeting yesterday.
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REAL ESTATE & FACILITIES AGENDA Presented by Mr. Scott Ross, Chair
On motion by Mr. Ross, seconded by Ms. Robinson, with Mr. Estess absent and not voting, it was
RESOLVED, That the Board hereby approved agenda items #1 - #9 as submitted on the following Real Estate & Facilities Agenda. AGENDA ITEM #11 WAS APPROVED ON A SEPARATE MOTION AS SHOWN BELOW.
1. MSU - Approved the appointment of Volkert & Associates of Mobile, Alabama as project professionals for an environmental assessment on IHL 205-231, South Entrance Road. This project will construct a new entrance road along the east boundary of the MSU South Farm connecting Poorhouse Road East to the university. The Mississippi Department of Transportation selected Volkert & Associates as the professionals for this portion of the work. Funding for this project is provided by the Federal Government through the Mississippi Department of Transportation in the amount of $5,000,000.
2. USM - Approved the initiation of GS 116-001, Cross Creek Master Planning - Gulf Coast Campus, the appointment of Eley/Allred/Saski as design professionals and requested approval by the Bureau of Buildings, Grounds and Real Property Management. Funds are available from HB 246, Laws of 2007.
3. USM - Approved the appointment of JMS Architect of Jackson, MS as the design professionals for IHL 208-236, Tennis Court Relocation. The project was initiated by the Board on March 19, 1998 and preliminary design work was initially performed by JH&H Architects of Jackson, MS. JH&H Architects has agreed in writing to allow another firm to handle this project due to their project workload. The project budget is $3,200,000. Funds are available from private donations and university sources.
4. UMMC - Approved the request to increase the budget from $51,610,370 to $53,500,000 for an increase in the amount of $1,889,630 for IHL 209-435C, Guyton Building Expansion. Other changes include and an additional ninety days (90) to the contract time and a change in scope for the completion of atrium and office shelled areas on floors 5, 6 and 7. These changes will make administrative space available when the facility is opened and will lessen the disruption of building operations. Funds are available from interest income.
5. JSU - Approved the request to include four land parcels which were inadvertently omitted from the list of lands parcels submitted with a resolution that was approved by the Board at its June 2007 meeting. The resolution authorized the conveyance of said parcels to the Jackson Redevelopment Authority for use in the University Park at Jackson Projects. The “Omitted Parcels” are situated in the First Judicial District of Hinds County and are numbered 143-14, 143-55, 143-56, and 144-35. The resolution has been reviewed and approved by the Attorney General’s Office.
6. JSU - Approved the JSU EBC’s request to lease certain land parcels located within the area directly east and northeast of its main campus. The parcels are more particularly described in Exhibit “A” to the Ground Lease which is on file in the Office of Real Estate and Facilities. The Ground Lease is
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necessary to expedite the closing of the financing for the mixed use development project to be located at the corner of Dalton and Lynch Streets, directly across from the JSU Campus Union. This project will provide faculty, staff and graduate students housing and also provide new retail, restaurant and office space and 200 parking spaces. This lease has been reviewed and approved by the Attorney General’s Office.
7. MSU - Approved the request to sell 1.034 acres of land and 0.573 acres of land to CSS Starkville, LLC, for the sum of $820,000.00. A 15’ wide sewer easement located between the Comfort Suites Property and the 0.573 acres of property to be sold will be retained by Mississippi State University. A copy of the Offer to Purchase Real Estate, the legal description, site drawings and two appraisals for each parcel are on file in the Office of Real Estate and Facilities. This request has been reviewed and approved by the Attorney General’s Office.
8. MSU - Approved the request to name the newly constructed residence halls which include Ruby Hall, Hurst Hall, Griffis Hall and an unnamed fourth hall, the “Donald W. Zacharias Village”, in honor of Dr. Donald W. Zacharias, the second longest-services chief executive who served from 1985-1997.
9. UM - Approved the execution of the Development Agreement, the Declaration of Covenants, Conditions, Ground Lease, Restrictions, Reservations, and Easements (Exhibit B to Development Agreement), and the Construction and Access Easement (Exhibit D to the Development Agreement) all of which are on file in the Office of Real Estate and Facilities. The execution will allow the university to develop five hundred acres of undeveloped land known as the Hathorn Property. The University of Mississippi Research Foundation (UMRF) received a grant in the amount of $19,744,560 from the National Institute of Standards and Technology that will allow the development of a Research Park on a portion of the Hathorn Property. In exchange the university will dedicate approximately one hundred ten acres (110) of the Hathorn Property for use as the Research Park and grant the UMRF the option to ground lease building sites within the Research Park at pre-development appraised rates, using the average of two appraisals after being adjusted for inflation. This item has been reviewed and approved by the Attorney General’s Office.
10. System Administration (Information item.) - The Board received the Real Estate & Facilities items that were approved by the Board staff subsequent to the November 14, 2007 Board meeting in accordance with Board Policy 904 Board Approval. (See Exhibit 3.)
11. USM - On Wednesday, January 16, 2008, the Real Estate and Facilities Committee approved the acceptance of the donated land known as “Cross Creek.”
On motion by Mr. Ross, seconded by Ms. Newton, with Mr. Estess absent and not voting, the Board accepted the donation of 200 acres of land by Gulf South Technology Center, LLC, as documented by George Schloegel/W.C. Fore in the attached letter. The land is situated in the general location of the southwest corner of the property known as “Cross Creek”, with the final delineation pending advice of the Gulf Coast Master Planning consultant.
11 02/18/2008 MINUTES OF THE BOARD OF TRUSTEES OF 13 STATE INSTITUTIONS OF HIGHER LEARNING January 17, 2008
ADMINISTRATION/POLICY AGENDA (cont’d) Presented by Dr. Thomas Meredith, Commissioner
AGENDA ITEM #1 WAS TAKEN UP EARLIER IN THE MEETING. On motion by Mr. Patterson, seconded by Mr. Ross, with Mr. Estess absent and not voting, it was
RESOLVED, That the Board hereby approved agenda item #2a as submitted on the following Administration/Policy Agenda. Agenda item #2b was approved on a separate motion by Ms. Whitten, seconded by Mr. Patterson, with Mr. Estess absent and not voting.
1. System Administration - Election of Vice President of the Board of Trustees for the term beginning May 8, 2008 and ending May 7, 2009. (THIS ITEM WAS TAKEN UP EARLIER IN THE MEETING.)
2. System Administration - Approved the agenda items that were approved subsequent to the November 14, 2007 Board Meeting. The Commissioner granted approval and requests that the following items be ratified.
a. REAL ESTATE AND FACILITIES This item was submitted in December by the University of Mississippi which required action prior to the January meeting. In accordance with Board Policy 904B., Board Approval, Mr. Ross as chair of the Real Estate and Facilities Committee, approved this item which the staff had determined needed immediate attention. i. UM - Approved the schematic design and an increase in the budget from $20,000,000 to $46,500,000 for an increase of $26,500,000 for IHL 207-294, Residential College. The increase will cover the change in scope and the necessary upgrades to the infrastructure for the project as prepared by Cooke Douglass Farr Lemons, LTD and Eley and Associates, the design professionals. Funds are available from self-generated funds.
b. PERSONNEL REPORT i. EMPLOYMENT
Delta State University Lotven, Ann
University of Mississippi So, Jin Hyun
University of Mississippi - Athletics Dameron, Robert K.; Assistant Football Coach; B. S.; December 4, 2007 to June 30, 2008; $100,000 per annum, pro rata.
12 02/18/2008 MINUTES OF THE BOARD OF TRUSTEES OF 14 STATE INSTITUTIONS OF HIGHER LEARNING January 17, 2008
Dickerson, Jr., Ronald L.; Assistant Football Coach; B. ED.; December 4, 2007 to June 30, 2008; $80,000 per annum, pro rata.
Nix, Tyrone; Assistant Football Coach; B. S.; December 11, 2007 to December 10, 2010; $350,000 per annum, pro rata.
Nutt, II, Houston D.; Head Football Coach; B.S.; November 26, 2007 to November 25, 2011; $200,000 per annum, pro rata.
Vaughn, Chris; Assistant Football Coach; B. A.; December 13, 2007 to June 30, 2008; $140,000 per annum pro rata.
University of Mississippi Medical Center Bair, Michael C. Bowling, Mark R. Eakes, Patrick Foster, Kevin Vernon, Mary J.
ii. CHANGE OF STATUS
Mississippi State University McGrevey, Michael J. Stewart, Kenneth W.
University of Mississippi Medical Center Akhtar, Israh Henegar, Jeffrey R. Kyle, Patrick B.
iii. SABBATICAL LEAVE
Jackson State University Stevenson, Joseph Martin
University of Mississippi Medical Center Cowan, Bryan D.
COMMISSIONER’S REPORT Presented by Dr. Thomas Meredith, Commissioner
The highlights from the Commissioner’s Report were as follows: < Happy New Year! I am pleased to be with you today to give my January Commissioner’s report.
13 02/18/2008 MINUTES OF THE BOARD OF TRUSTEES OF 15 STATE INSTITUTIONS OF HIGHER LEARNING January 17, 2008
< May I echo President Davidson’s introductory comments welcoming Dr. George Ross. Dr. Ross, I know I speak for everyone when I say how pleased we are to have you with us. We look forward to your moving Alcorn to its next level of excellence. < The legislative session is off to a quick start, and under the direction of Assistant Commissioner of Governmental Relations Dr. Jim Borsig, the Executive Office and the Institutions are already hard at work. We will call on you from time-to-time throughout this session to help us communicate our message through editorial board visits, various House and Senate hearings, media interviews, etc. It is important that the public realize the importance of funding higher education. To help us understand the state’s current financial position, Dr. Phil Pepper will give us a brief overview of the economy and state coffers. < Wearing his other hat called “special projects,” Dr. Borsig is also working on the Strategic Initiative Summit to be held Wednesday, February 13th at the TelCom Center downtown. The Summit will focus on your strategic direction to improve the quality and quantity of Mississippi’s baccalaureate degree holders. Our quality is already very high, we just want to do even better. We know you already have this date on your calendar to attend this important System-wide event. < We congratulate Governor Barbour on his inauguration and stand ready to work with him and Lt. Gov. Bryant. < In good news from the Executive Office and your institutions: < In continuing efforts to offer professional development for Executive Office staff, Finance and Administration’s Office of Human Resources is offering workshops on topics applicable to our administrative assistants and related to oversight of the departmental budgets. Next week, a session is scheduled related to purchasing, property, and motor pool policies and procedures. < Dr. Donzell Lee, Interim Dean of the School of Graduate Studies at Alcorn State University, will be presented with a $15,000 check from AT&T to help fund honor students’ preparation for study abroad. This award will go a long way in making sure Alcorn students get the most from their experiential learning opportunities. < Delta State University has established a committee to enhance diversity planning and programming on campus. The Diversity Activities Committee is charged with creating a long- term plan for diversity enhancement at Delta State. < According to the American Chemical Society’s Directory of Graduate Research, professors in the Jackson State University Department of Chemistry published more scientific articles per faculty than other chemistry departments in the Southeastern United States in 2005 and 2006. And, I must note that the JSU football team earned its 16th Southwestern Athletic Conference Championship with a win over Grambling. Go Tigers! < The speaker for Mississippi State’s annual Martin Luther King Unity Breakfast on January 21st will be Gregory B. Craig, a prominent Washington D.C. attorney who once helped organize Harvard University students to work for Mississippi civil rights during the 1964 Freedom Summer Project. And, we offer congratulations to the Bulldogs for winning the Liberty Bowl! < Another famous speaker, Arun Gandhi, the grandson of legendary spiritual leader Mohatma K. Gandhi, will address the Ina E. Gordy Honors College at Mississippi University for Women on Thursday, February 7th. After arriving in the United States in 1988, Gandhi and his wife founded the M. K. Gandhi Institute for Nonviolence, located at Christian Brothers University in Memphis.
14 02/18/2008 MINUTES OF THE BOARD OF TRUSTEES OF 16 STATE INSTITUTIONS OF HIGHER LEARNING January 17, 2008
< Dr. Tonjanita Johnson, Executive Assistant to the President and Associate Vice President for University Relations at Mississippi Valley State University, has been accepted to participate in the 2008 Harvard Institute for Educational Management at Harvard. Congratulations, Dr. Johnson! < The role of the Clarion-Ledger in passage of the Mississippi’s Education Reform Act of 1982 is the subject of a new book by University of Mississippi Journalism faculty member Kathleen Wickham. In 1983, the paper received the Pulitzer Prize Gold Medal for public service for its coverage of the special legislative session that enacted the state’s educational reforms. The book marks the Reform Act’s 25th anniversary. Dr. Andy Mullins also wrote a publication on this topic. < And, the University of Southern Mississippi’s Society of Physics Students has been selected as a 2006-07 Outstanding Chapter by the national Society of Physics Students. There are 700 SPS chapters in the national organization. < Finally, I am pleased to present to you today the institutional Best Practices winners for 2007. We have extraordinary talent on our campuses. The efforts being made to effectively utilize every dollar available must be applauded. All of us should be very proud of our campuses. This is the third year you have conducted the Best Practices competition, which encourages the institutions to develop and promote current best practices to ensure that the State’s financial resources are efficiently and effectively managed. The Best Practices competition is designed to highlight efforts that create efficient and effective practices initiated at institutions in the areas of Academics; Finance, Business and Administration; Student Services; and Technology. Entries are judged and winners awarded by university peer groups—for example, the institutional chief academic officers judged the academic affairs entries and determined the winners in that category. Institutions winning first place will receive $10,000 and institutions winning second place will receive $5,000. These awards are funded by your incentive pool. We have asked that, if possible, available key personnel responsible for the winning entries be with us today. Personnel involved with the second-place winning entries will stand and be recognized, and I will call on the first place winners to give brief comments. I ask that all winners meet Annie Mitchell in the lobby following the meeting so she may get photographs. I would like to thank Assistant Commissioner of Finance and Administration Dr. Linda McFall for again facilitating this competition. Today I’m just giving you a preview. More specific information will be included on our website, www.mississippi.edu. I have also asked that our institutional Best Practices be developed into a brochure we can share throughout the state and nation so they can see the innovative minds at work in Mississippi. We will send you copies as soon as they are complete. So, without further ado: < Second place in the Academic Affairs category goes to Mississippi University for Women for their program “Increasing Advisor Knowledge and Information Access.” Over half of MUW’s students have transfer hours. Because of this, MUW has taken several steps to ensure high quality academic advising by developing advisory training and ongoing support. Among other things, face-to-face training sessions are scheduled annually for all new faculty members and academic administrators; and academic advisors have access to Banner’s Transfer Course Articulation form, which provides information about course equivalencies for all courses articulated by the institution. Overall student dissatisfaction ratings in academic advising were significantly lowered. Congratulations, Dr. Limbert! < First place in the Academic Affairs category goes to Mississippi State University for their “Learning Skills Support Program.” Traditionally, MSU students on academic suspension are required to stay out of the university one regular semester—either fall or spring. As an
15 02/18/2008 MINUTES OF THE BOARD OF TRUSTEES OF 17 STATE INSTITUTIONS OF HIGHER LEARNING January 17, 2008
alternative, the Office of the Provost at the Learning Center designed a program allowing suspended students to re-enroll early in school provided they follow requirements outlined in the Learning Skills Support Program, designed to improve their progress by focusing on individual obstacles to academic success. This sounds like a great program. < Next we have the Student Services category. Winning second place is the University of Mississippi for its initiative “Media Convergence.” Four years ago, the S. Gale Denley Student Media Center was comprised of the student newspaper, the student radio station, the student NewsWatch, the student yearbook, and an online component—each with different policies, staffs, budgets, equipment, locations—and the list goes on. After three years of planning and one year of implementation, the S. Gale Denley Student Media Center is now under one roof—in one room—serving as a training ground for about 200 students on an annual basis. < Winning first place in the Student Services category is the University of Southern Mississippi’s “Service Learning Faculty Fellows Program.” The Division of Student Affairs at Southern Miss has been the state leader in the community service and civic education movement since the founding of the Office of Community Service Learning (OCSL) on campus as the Volunteer Resource Center. The OCSL promotes community service and service-learning on the Southern Miss campus and throughout the Hattiesburg community through partnerships with faculty, students, and community agencies. Each year, the office documents an average of 40,000 hours of community service by Southern Miss students. Congratulations Dr. Saunders! < Next, taking second place in the Technology category is the program “Network Quarantine,” implemented by Mississippi State University. Computers that are infected with viruses and spyware can wreak havoc on a campus network by attempting to infect other computers and generating inordinate amounts of network traffic. MSU has developed a network quarantine system that quickly and efficiently detects and isolates offending computers from the network until repairs can be made, resulting in a safer, more efficient information technology environment at MSU. Doc, congratulations again. < Taking first place in the Technology category is the University of Mississippi with its “Online Policy Directory and Administration System.” Most universities have hundreds of policies in place but do not have a well-defined process for creating, reviewing, and publishing those policies. Ole Miss addressed this problem with resourcefulness and innovation by extending its SAP system to include support for policies. This new system has brought much-needed order and clarity to the area of policy management with great benefit to all campus constituents. Good work! < Our last category is Finance, Business, and Administration. Taking second place in this category is Jackson State University’s “Comprehensive Vehicle Management Solution.” In a routine audit, it was discovered that one key area in which savings could be realized was within JSU’s vehicle fleet. A resulting fleet review suggested that only 71% of university-owned vehicles were used on a daily basis, and about 65% were 10 years old or older. Leveraging a relationship with an existing vendor, JSU created a flexible fleet model that utilized both rental and leased vehicles. The university also downsized all vehicles used less than 3,000 miles annually and replaced vehicles over 7 years old. Annual savings realized from the fleet solution was $114,000, or an overall fleet budget reduction of 37%. Dr. Mason, this is a great cost savings.
16 02/18/2008 MINUTES OF THE BOARD OF TRUSTEES OF 18 STATE INSTITUTIONS OF HIGHER LEARNING January 17, 2008
< Finally, taking first place in the Finance, Business, and Administration category is Delta State University’s “Increased Efficiencies in Business Process through Barcoding.” DSU’s Alumni and Foundation realized they needed to change the way they gathered and maintained data on alumni and donors because the software processes were cumbersome, labor intensive and prone to error. They wanted to maintain the existing Banner software system but more fully utilize its technological efficiencies through the implementation of barcoding. Utilizing laser scanning software and hardware, every piece of correspondence bears the barcode. Locating records is now as easy as scanning the barcode with a hand-held barcode reader. Training takes less than 5 minutes and accuracy has increased from 10 errors per 1,000 characters to 1 error per 3.4 million characters. Dr. Hilpert, what a difference! < I congratulate the winners, and all the institutions who submitted entries for the 2007 Best Practices competition. You can read more online at www.mississippi.edu, and look forward to our Best Practices publication soon. < Mr. President, this brings me to the end of my report.
SECOND EXECUTIVE SESSION
On motion by Mr. Colbert, with Mr. Estess and Ms. Whitten absent and not voting, the Board voted to close the meeting to determine whether or not it should declare an Executive Session. On motion by Dr. Davidson, seconded by Mr. Ross, with Mr. Estess and Ms. Whitten absent and not voting, the Board voted to go into Executive Session for the reasons reported to the public and stated in these minutes, as follows:
Discussion of a personnel matter at Jackson State University and Discussion of a personnel matter at Mississippi State University.
During Executive Session, the following matters were discussed and/or voted upon:
On motion by Mr. Ross, seconded by Mr. Colbert, with Mr. Estess, Ms. Robinson and Ms. Whitten absent and not voting, the Board approved the request to bestow the title of Distinguished Professorship on Dr. Ronald Mason, Jr., President of Jackson State University.
On motion by Mr. Colbert, seconded by Dr. Davidson, with Mr. Estess, Ms. Robinson and Ms. Whitten absent and not voting, the Board approved the request to allow Dr. Robert Foglesong, President of Mississippi State University, to serve on the corporate board for Stark Aerospace.
On motion by Dr. Davidson, seconded by Ms. Newton, with Mr. Estess, Ms. Robinson and Ms. Whitten absent and not voting, the Board voted to return to Open Session.
17 02/18/2008 MINUTES OF THE BOARD OF TRUSTEES OF 19 STATE INSTITUTIONS OF HIGHER LEARNING January 17, 2008
ADJOURNMENT
There being no further business to come before the Board, on motion by Mr. Colbert, seconded by Ms. Newton, with Mr. Estess, Ms. Robinson, and Ms. Whitten absent and not voting, the Board members voted to adjourn.
______President, Board of Trustees of State Institutions of Higher Learning
______Commissioner, Board of Trustees of State Institutions of Higher Learning
18 02/18/2008 MINUTES OF THE BOARD OF TRUSTEES OF 20 STATE INSTITUTIONS OF HIGHER LEARNING January 17, 2008
EXHIBITS
Exhibit 1 Report of the payment of legal fees to outside counsel.
Exhibit 2 Proposed amendments to Board Policy 201.0608 Institutional Executive Officer/Commissioner of Higher Education Search Process.
Exhibit 3 Real Estate & Facilities items that were approved by the IHL Board staff subsequent to the November 14, 2007 Board meeting.
19 02/18/2008 EXHIBIT 121 January 17, 2008
Legal fees approved for payment to outside counsel in relation to litigation and other matters:
Payment of legal fees for professional services rendered by Phelps Dunbar (Statement dated 10/26/07) from the funds of Mississippi State University. (This statement represents services and expenses in connection with the case styled Charlie F. Wade v. MS Cooperative Extension Service.)
TOTAL DUE ...... $231.67
Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (Statement dated 10/15/07; 6/13/07; 6/13/07; 8/3/07; 9/27/07; 9/28/07; 9/29/07; 9/29/07; 9/28/07; 9/27/07; 10/15/07 and 11/6/07) from the funds of the University of Mississippi Medical Center. (These statements represent services and expenses in connection with the following issues: General Advice - $6,342.50; Gen. Rep. of Med. School and Facility Practice Plans - $4,601.00; General Advice - $3,311.00; General Advice - $8,051.50; General Advice - $3,891.50; General Advice - $2,408.00; General Advice - $14,039.50; Gen. Rep. of Med. School and Facility Practice Plans - $18,364.40; Gen. Rep. of Med. School and Facility Practice Plans - $6,584.90; Gen. Rep. of Med. School and Facility Practice Plans - $86,451.02; Gen. Rep. of Med. School and Facility Practice Plans - $13,780.32 and General Advice – $45,000.00.)
TOTAL DUE ...... $212,825.64
Payment of legal fees for professional services rendered by Page, Kruger & Holland (Statement dated 11/6/07) from the funds of the University of Mississippi Medical Center. (This statement represents services and expenses in connection with the Williams case.)
TOTAL DUE ...... $2,075.55
Payment of legal fees for professional services rendered by Page, Mannino, Peresich & McDermott (Statements dated 9/18/07) from the funds of the University of Mississippi Medical Center. (These statements represent services and expenses in connection with the following cases: Smith - $148.00; Flowers - $8,857.85; Porter - $5,589.83; Alert Weather Services Inc. - $4,020.46; McGarry - $6,424.35; Blake - $7,798.07; Lofton - $3,402.73 and Williams - $1,503.25.)
TOTAL DUE ...... $37,744.54
Payment of legal fees for professional services rendered by Phelps Dunbar (Statements dated 10/23/07 and 10/31/07) from the funds of the University of Mississippi Medical Center. (These statements in the amounts of $1,982.05 and $481.82, represent services and expenses in connection with Dean and Dean Architects and DSH Litigation, respectively.)
TOTAL DUE ...... $2,463.87
Page 1 of 3 02/18/2008 EXHIBIT22 1 January 17, 2008 Payment of legal fees for professional services rendered by Scott Sullivan, Streetman & Fox (Statement dated 10/25/07) from the funds of the University of Mississippi Medical Center. (This statement represents services and expenses in connection with the Teer case.)
TOTAL DUE ...... $9,103.96
Payment of legal fees for professional services rendered by Adams & Reese (Statements dated 9/15/07 and 10/17/07) from the funds of the University of Southern Mississippi. (These statements in the amounts of $9,684.85 and $23,626.10, respectively, represent services and expenses in connection with a personnel issue.)
TOTAL DUE ...... $33,310.95
Legal fees approved for payment to outside counsel in relation to patent and other matters:
Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (Statements dated 10/16/07) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Compact Time-of-Flight Mass Spectrometer – UK” – $449.42; “Compact Time-of-Flight Mass Spectrometer – CA” - $116.46 and “Light Scattering, etc.” - $25.50.)
TOTAL DUE ...... $591.38
Payment of legal fees for professional services rendered by DLA Piper (Statements dated 8/17/07; 8/28/07; 10/9/07; 10/12/07; 10/15/07; 10/26/07; 10/30/07; 10/30/07 and 10/31/07) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Production of Biodiesel and Other Valuable Chemicals from Wastewater Treatment Plant Sludges” – $99.20; “Method for Transformation of Cotton and Organogenic . . .” - $112.50; “Method for Detecting and Managing Nematode Population” - $275.00; “Fiber-Bragg Grating-Loop Ringdown” - $301.65; “Production of Biodiesel and Other Valuable Chemicals from Wastewater Treatment Plant Sludges” - $91.00; “Use of Novel Virulence Genes as Targets for Diagnosis and Potential Control of Virulent Strains” - $3,196.65; “Directed Movement of Termites Using Low Frequency Emission” - $1,823.30; “Production of Biodiesel and Other Valuable Chemicals from Wastewater Treatment Plant Sludges” - $113.78 and “Power Conversion Components, Systems and Methods” - $2,701.80.)
TOTAL DUE ...... $8,714.88
Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (Statements dated 9/11/07 and 10/9/07) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “Animal Model for Anxiety and Depression” – $185.42 and “Animal Model for Anxiety and Depression” - $406.75.)
TOTAL DUE ...... $592.17
Payment of legal fees for professional services rendered by Hunton & Williams (Statements dated 9/14/07) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “Method of Preparing Delta-9-Tetrahydrocannabinol – CA” – $128.07; “Method of Preparing Delta-9-Tetrahydrocannabinol – CA” - $125.71; “Method of Preparing Delta-9-Tetrahydrocannabinol – SA” -
Page 2 of 3 02/18/2008 EXHIBIT23 1 January 17, 2008 $125.00; “Method of Preparing Delta-9-Tetrahydrocannabinol – NZ” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol – EPO” - $125.00; “Method of Preparing Delta-9-Tetrahydrocannabinol – EPO” - $125.00; “Method of Preparing Delta-9-Tetrahydrocannabinol – AU” - $125.60; “Method of Preparing Delta-9- Tetrahydrocannabinol – AU” - $93.75; “Design and Synthesis of Optimized Ligands and PPAR – CA” - $306.69; “Synthesis of Epothilones and Related Analogs – CA” - $62.50; “Synthesis of Epothilones and Related Analogs – EPO” - $62.50; “Synthesis of Epothilones and Related Analogs – IL” - $64.07; “Antimycoba Cterial Method” - $93.75; “Stable Suppository Formulations Effecting Bioavailability of 9-THC - KR” - $125.00; “Stable Suppositories Formulations Effecting Bioavailability of 9-THC – US” - $125.00; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – AU” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – BR” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – CA” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – CH” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – HU” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – NO” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – NZ” - $31.25; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – RU” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – SG” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – SA” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – AT” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – BE” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – DK” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – FI” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – FR” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – DE” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – UK” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – GR” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – IE” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – IT” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – NL” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – PT” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – ES” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – SW” - $62.50; “Method of Preparing Delta-9- Tetrahydrocannabinol Esters – CH” - $62.50; “Method of Preparing Delta-9-Tetrahydrocannabinol Esters – US” - $62.50; “Dihydroartemisinin and Dihydroartemisitene Dimers as Anti-Cancer and Anti-Infective Agents – CA” - $62.50; “Dihydroartemisinin and Dihydroartemisitene Dimers as Anti-Cancer and Anti-Infective Agents – EPO” - $62.50; “Potent Immunostimulatory Extracts from Microalgae – US” - $1,877.64; “Anticancer and Antiprotozoal Dihydroartemisinene and Dihydroartemisitene Dimers with Desirable Chemical Functionalities” – $31.25; “8- Aminoquinolines - DE” - $2,794.57; “8-Aminoquinolines – IE” - $1,373.00; “8-Aminoquinolines – IT” - $3,685.36; “8-Aminoquinolines – PT” - $4,152.32; “8-Aminoquinolines – ES” - $3,769.81; “Highly Selective Sigma Receptor Ligands” - $1,200.00 and “Potent Immunostimulatory Components” - $485.22.)
TOTAL DUE ...... $22,838.06
Payment of legal fees for professional services rendered by Stites & Harbison (Statements dated 10/30/07) from the funds of the University of Mississippi Medical Center. (These statements represent services and expenses in connection with the following patents: “DNA Molecules Encoding Imidazoline Receptive Polypeptides and Polypeptides Encoded Thereby” - $1,300.28; “Cell Culture Model for Demyelination/Remyelination” - $80.00; “Thermally-Targeted Delivery of Medicaments” - $1,238.94 and “Temporary Mucosal Gastric Electrical Stimulation Device and Method for Treating Gastroparesis” - $1,201.50.)
TOTAL DUE ...... $3,820.72
Page 3 of 3 02/18/2008 EXHIBIT 224 January 17, 2008
201.0608 INSTITUTIONAL EXECUTIVE OFFICER/COMMISSIONER OF HIGHER EDUCATION SEARCH PROCESS
A. General Policy The Board shall appoint the Commissioner and the Institutional Executive Officers (IEOs). The Board shall make interim appointments to executive officer and/or commissioner positions as necessary and with such consultation as the Board considers appropriate.
B. Board Search Committee The President of the Board shall appoint a committee of Board members to manage the search for a Commissioner or an IEO. The President of the Board shall appoint a member of the committee as chairperson. The Commissioner, in consultation with the Board Search Committee, will make a recommendation to the Board with regard to a search consultant may select a search consultant, with the Board’s approval, to assist with the search for an IEO. The Board Search Committee may select a search consultant to assist with the search for a new Commissioner. As part of the initiation of the IEO search process, the Commissioner and Board Search Committee may consider the input of constituents regarding desired characteristics of a new IEO. The Board may also consider input from constituents regarding the desired characteristics of a new Commissioner.
C. Advertisement Schedule, Ad The Commissioner search consultant shall develop the position advertisement and a general schedule for the search in consultation with the Commissioner and with the approval of the Board Search Committee.
D. Campus Screening Search Advisory Committee In a search for an IEO, the Commissioner shall appoint a C campus Screening Search Advisory Committee, as well as a chair of such committee. The Campus Screening Search Advisory Committee shall be representative of the various constituent groups of the university, including faculty, staff, students, alumni, foundation representatives, and members of the community. In a search for a Commissioner, the Board may seek advice from appropriate individuals or groups, including any search consultant hired by the Board.
E. Recruitment, Interviews, Selection Recruitment of C candidates recruitments may occur up to the point of selection, but candidates will be advised to submit their materials by a specified date to insure optimum consideration for the position.
F. Candidate Screening The Campus Screening Search Advisory Committee, working with the consultant if one is used, shall narrow the field of applicants to no less than five candidates for an IEO position. Those names shall then be submitted unranked to the Commissioner. If no consultant is used, the Search Advisory Committee shall work with the Commissioner to narrow the list of candidates. The Commissioner shall then forward those IEO candidates’ names to the Board Search Committee.
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The Commissioner shall then forward those IEO candidates’ names to the Board Search Committee. The Board Search Committee may then select which of those candidates will participate in initial on-campus interviews to be conducted by the Campus Screening Committee. Following the on-campus interviews, the Commissioner shall gather feedback from the Campus Screening Committee regarding the interviews. The Commissioner shall next report to the Board Search Committee on the feedback obtained following the on- campus interviews. The Board Search Committee, in consultation with the Commissioner, shall then recommend two final candidates to be interviewed by the Board.
In the alternative, the Board Search Committee may elect to conduct the initial IEO candidate interviews in lieu of allowing the Campus Screening Committee to conduct same. In the event the Board Search Committee elects to conduct the initial interviews, the Board Search Committee may interview those candidates it selects from the unranked candidate list provided by the Campus Screening Committee. In addition, the Board Search Committee may choose to interview any other candidates it deems appropriate. Representatives from the Campus Screening Committee may be included in those interviews, if invited by the Board Search Committee. These interviews may occur at campus or non-campus sites. Following the initial interviews by the Board Search Committee, the Board Search Committee, in consultation with the Commissioner, shall narrow the number of finalists to two.
Final interviews of IEO candidates shall then be held before the Board. If it is deemed necessary, visits may be conducted to the home campuses of the remaining candidates. Following the final interviews, the Board shall select an IEO and announce its decision.
In a search for a Commissioner, the Board Search Committee may request appropriate individuals or groups to submit unranked recommendations of candidates to be considered for initial interviews. The Board Search Committee shall schedule initial interviews and all members of the Board will be invited to attend the initial interviews and participate in the selection of candidates for final interviews. The Board Search Committee may also invite two additional individuals to attend and observe the initial interviews conducted by such committee to fill the position of Commissioner. The Board Search Committee will next develop an interview schedule for the candidates selected for final interviews for the position of Commissioner. The Board shall then meet and conduct final interviews and select the Commissioner. (This paragraph was moved to the end of this policy.)
G. Interview Search Advisory Committee The Search Advisory Committee shall then select a representative group of members, called the Interview Search Advisory Committee, to participate with the Board of Trustees in the remainder of the search process except when the Board of Trustees votes to go into executive session. The Interview Search Advisory Committee shall be comprised of faculty, students, staff and outside representatives. These representatives shall be diverse in race and gender.
H. Additional Screening The Board Search Committee, in consultation with the Commissioner and the search consultant (if one is used), shall then decide, as a result of in-depth discussions, whom to possibly interview from the names sent forward by the Search Advisory Committee.
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I. First Interviews The Board Search Committee and the Commissioner, with input from the Interview Search Advisory Committee, will conduct the first round of interviews. The number of candidates to be invited for a second round of interviews may be reduced by the Board Search Committee after in-depth conversations.
J. Reference Contacts Under the direction of the Commissioner and/or the consultant, reference contacts will be made on each candidate who is participating in the second round of interviews.
K. Background Checks The consultant, if one is used, or the Commissioner if no consultant is used, will conduct a background check on those candidates participating in the second round of interviews.
L. Second Interviews Before the second round of interviews, the results of the reference contacts shall be made known to the Board Search Committee and the Interview Search Advisory Committee. After the interviews, the Board Search Committee, in consultation with the Commissioner, shall decide its top two or three candidates following in-depth conversations.
M. Preferred Candidate After all of the above has been completed, the Board of Trustees will meet to hear from the Board Search Committee and the Interview Search Advisory Committee regarding an assessment of each candidate. The Commissioner’s assessment and recommendation will be sought. The Board of Trustees will then select and announce their Preferred Candidate.
N. Campus Interview The Preferred Candidate will be scheduled for a full day on-campus for interviews with a wide array of constituents. Each group will have the opportunity to provide feedback on the Preferred Candidate to the Board of Trustees.
O. Decision The Board of Trustees will meet after the last on-campus interview session to review the feedback and conduct further discussion. The Board of Trustees will then vote to name the Preferred Candidate as the institution’s new Institutional Executive Officer or vote to continue the search.
In a search for a Commissioner, the Board Search Committee may request appropriate individuals or groups to submit unranked recommendations of candidates to be considered for initial interviews. The Board Search Committee shall schedule initial interviews and all members of the Board will be invited to attend the initial interviews and participate in the selection of candidates for final interviews. The Board Search Committee may also invite two additional individuals to attend and observe the initial interviews conducted by such committee to fill the position of Commissioner. The Board Search Committee will next develop an interview schedule for the candidates selected for final interviews for the position of Commissioner. The Board shall then meet and conduct final interviews and select the Commissioner.
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Real Estate & Facilities items that were approved by the IHL Board staff subsequent to the November 14, 2007 Board meeting in accordance with Board Policy 904 Board Approval.
Alcorn State University
The Board staff concurred with the university’s request for payment to be made in the amount of $64,691.25 to McElroy 3 Architects, PLLC for design fees associated with the renovations of GS 101-258, Dumas Hall and that contractual relationships with McElroy 3 Architects, PLLC end with this payment. Approval was requested by the Bureau of Building, Grounds and Real Property Management.
The Board staff approved Change Order #7 for GS 101-227, Dining Facilities Preplanning, in the amount of $20,000 and requested approval by the Bureau of Building, Grounds and Real Property Management. The change order will add the cost of providing the Master Guard Moisture Mitigation System to the concrete slab on grade areas in Lobby 101, Dining 107, Dining 111, Lobby 113, Café 134, Corridor 135 and Lobby 136. The project budget is $14,640,597.24. Funds are available from HB 1634, Laws of 2006.
The Board staff approved Change Order #8 for GS 101-227, Dining Facilities Preplanning, in the amount of $8,642.53 and requested approval by the Bureau of Building, Grounds and Real Property Management. The change order will deduct unnecessary sub-base material, cover exposed steel at eight columns, add gypsum board work required to enclose projection screen that had to be mounted below structural steel, add requested core samples to verify slab thickness in accordance with contract documents and lay additional sod along a sloping bank. The project budget is $14,640,597.24. Funds are available from HB 1634, Laws of 2006.
The Board staff approved Change Order #9 for GS 101-227, Dining Facilities Preplanning, in the amount of $47,055.60 and requested approval by the Bureau of Building, Grounds and Real Property Management. The change order will add to the work associated with providing a new 4” gas line to the facility. The project budget is $14,640,597.24. Funds are available from HB 1634, Laws of 2006.
The Board staff approved Change Order #1 for GS 101-239, Baseball Field Improvements, in the amount of $786.00 with an increase of one-hundred-eighty-six (186) days to the contract of Barnard & Sons Construction. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The change order will cover the change of breakers in the electric power panel for water heaters, install a new hollow metal door and frame with hardware into a crawl space, furnish and install a new cast aluminum plaque for the baseball stadium and delete privacy slats that are specified to be installed in the chain link fencing. The project budget is $1,251,000. Funds are available from SB 2988, Laws of 2003, and SB 2010, Laws of 2004.
Delta State University
The Board staff approved the award of a contract for GS 102-196, Athletic Facility-Additions and Renovations, to Jackson Construction of Grenada, Inc., the lower of three (3) bidders, in the amount of $495,095. Approval was requested by the Bureau of Building, Grounds and Real Property Management. The project will provide new dug-outs in the softball facility, upgrade training area at the Chadwick-Dickson
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facility and upgrade locker rooms for both men and women’s basketball in the Sillers Coliseum. The project budget is $555,565. Funding is available from SB 2010, Laws of 2004.
The Board staff approved the award of a contract for GS 102-216, Kethley Building Re-Roof (Attic Re- Insulation), to David Smith Construction, Inc., the lower of three (3) bidders, in the amount of $58,250. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project will replace molded insulation in the Kethley attic that was discovered during the roofing project. The project budget is $85,018.91. Funds are available from SB 2010, Laws of 2004.
Jackson State University
The Board staff approved Change Order #6 for GS 103-179, School of Engineering, in the amount of $48,164.17 to furnish and install revisions and additions of laboratory piping, five fire dampers, a new two- inch gas regulator, and one 225A 3P breaker at Panel LD1A. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $18,377,781.05. Funds are available from HB 1675, Laws of 1999.
The Board staff approved the university’s request to transfer funds in the amount of $400,000 from GS 103- 220, Charles Moore Replacement, to GS 103-219, Johnson/Dansby Replacement, Phase I. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The transfer is necessary for asbestos abatement, building demo, site work and utilities for Johnson Hall.
The Board staff approved the award of a contract for GS 103-222, 2003 Drainage Improvements, to Lampkin Construction Company, Inc., the lower of two (2) bidders, in the amount of $312,635. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $369,142. Funds are available from SB 2988, Laws of 2003.
The Board staff approved Change Order #1 for GS 103-239, North Drainage Ditch Improvements, in the amount of $21,448 to remove the existing paved concrete ditch and replace it with rock rip-rap at new grades and to provide a continuous positive slope to tie-in at existing grouted rip-rap. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $628,552. Funds are available from SB 2988, Laws of 2003.
Missisippi State University
The Board staff concurred with the university’s request for approval of Alternate/Improved Projects for PWs 5308, 8658, 8686, 8690, 8691, 8978, 8537, 5464, 5854, and 8977 as submitted to FEMA/MEMA. Each project is under $250,000 and does not require an IHL project number.
The Board staff approved the university’s request to demolish the two car garage, formerly known as Building 2105, at 46-48 Blackjack Road and requested approval from the Bureau of Building, Grounds and Real Property Management. This wooden garage, constructed in 1949 for an estimated $1,000, is no longer in use and has been off inventory for several years. The Office of Real Estate and Facilities has received approval letters from MDAH which will be kept on file.
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The Board staff approved the award of a contract for GS 105-294, Simulation and Design Center (Landscaping), to Stewart Environmental Construction, Inc., the lower of two (2) bidders, in the amount of $44,985. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $75,000. Funds are available from SB 3197, Laws of 2002.
The Board staff approved the contract documents, authorized advertising for the receipt of bids and requested approval from the Bureau of Building, Grounds and Real Property Management for GS 105-324, McComas Hall Lobby Finishes. The project budget is $350,000. Funds are available from HB 1634, Laws of 2006.
The Board staff approved Change Order #2 for GS 105-314, Middleton Hall Roofing/Waterproofing, which adds seventy-six (76) calendar days to the contract of Frazier and Williams Construction. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The increase in contract time is requested due to unforeseen circumstances and conditions uncovered during construction. The building was fully occupied during the construction period and the building occupants are not adversely affected by the increase in construction time. The project budget is $750,000. Funding is from SB 2010, Laws of 2004.
The Board staff approved Change Order #1 for GS 105-327, Re-Roof Giles Hall, in the amount of $5,279 with an additional sixty-nine (69) days added to the contract of Graham Roofing, Inc. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The change order will provide for replacement of roof drains discovered to be partially blocked with tar from the original construction of the facility and the addition of drains due to a minimum slope of the original roof deck and the required height of the new flashing. The project budget is $400,000. Funds are available from HB 1634, Laws of 2006, and the MSU College of Veterinary Medicine.
The Board staff approved Change Order #2 for GS 113-114, Pace Warehouse Storm Repairs, in the amount of $27,657 with an additional twenty-one (21) days to the contract of Conn Construction Company. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The change order will add interior paint, replace two walk doors, replace door hardware and add four pipe bollards and exit lights. The project budget is $495,000. Funds are available from HB 1634, Laws of 2006.
The Board staff approved the university’s request to remove Buildings 1450-1452, Buildings 1464-1465 and Building 1469 from inventory. Approval was requested from the Bureau of Building, Grounds and Real Property management. The Office of Real Estate and Facilities has received approval letters from MDEQ and MDAH which will be kept on file.
The Board staff approved the award of a contract for IHL 205-227, Hardy Street Parking Lot, Phase II to Gregory Construction Services, Inc., the lower of five (5) bidders, in the amount of $454,800. The project will construct extended parking lots on Hardy Street. The project budget is $530,000. Funding is available from university sources.
The Board staff approved the design development documents for IHL 205-229, Patterson Engineering Building Window Replacement, as prepared by Shaffer and Associates, the design professionals. The project budget is $350,000. Funding is available from university sources.
The Board staff approved the university’s request to advertise for the receipt of bids for IHL 205-230, Simrall Auditorium Renovation. The project budget is $498,000. Funding is available through university funds.
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The Board staff approved the university’s request to remove Building 2160, Campus Landscape Office Annex, located at 210 Buckner Lane from inventory and requested approval from The Bureau of Building, Grounds and Real Property Management. The modular building, which is 864 square feet, cost unknown, and was purchased in used condition in 1991, can be disposed as surplus property or sold by bid acceptance. The office of Real Estate and Facilities has received approval letters from MDAH which will be kept on file.
Mississippi University for Women
The Board staff approved contract documents for IHL 204-118, Fine Arts – Storm Damage, as prepared by Johnson, Bailey, Henderson, McNeill and authorized advertising for the receipt of bids. The project budget is $3,208,508.02. Funds are available from the Federal Emergency Management Agency.
Mississippi Valley State University
The Board staff approved Change Order #5 for GS 106-202, Sutton Administration Building, in the amount of $11,134 with an increase of one hundred eighteen (118) days to the contract of Carothers Construction, Inc. The change order will remove additional microbial mold containing material identified during the demolition of the interior surfaces. The project budget is $197,134. Funds are available from HB 246, Laws of 2007.
University of Mississippi
The Board staff approved Change Order #3 for GS 107-275, PPD Outbuildings, in the amount of $27,004.70 with an increase of twenty five (25) days to the contract of Hooker Construction, Inc. The change order will add a 3-phase welding outlet, rework the existing beam of the storm water retention pond, add 3-foot wide 4 inch thick V-shaped concrete flumes along the existing driveway full length, add two pipe bollars in front of the air compressor/air dryer under vehicle shed and add one air outlet in Service Bay 101 and Wash Bay 104. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $1,111,602. Funds are available from 2003 R&R and university self-generated funds.
The Board staff approved the award of a contract for IHL 207-281, Golf Course Landscaping, Drainage and Irrigation, to Eagle Golf, to the lower of two (2) bidders, in the amount of $2,337,251.39 plus Alternate #1 in the amount of $38,292.50 for a total contract of $2,375,551.89. The landscaping will include erosion control, clearing and grubbing, mass excavation and rough shaping, fine grading and shaping, drainage, modified USGA green construction, sand bunker construction, electric irrigation system, asphalt cart path construction and grassing. The project budget is $3,200,000. Funds are available from UM EBC 2006 and self-generated funds.
The Board staff approved the award of a contract for GS 107-284, Faser Hall 3rd Floor, to CIG Contractors, Inc., the lower of three (3) bidders, in the amount of $2,935,000. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $3,600,000. Funds are available from SB 2010, Laws of 2004.
The Board staff approved the Master Plan for GS 107-286, Coulter Hall, in the amount of $74,035 and requested approval from the Bureau of Building, Grounds and Real Property Management. The project budget is $3,000,000. Funds are available from HB 1634, Laws of 2006.
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The Board staff approved the schematic design for GS 107-287, Hill Hall Renovations, and requested approval from the Bureau of Building, Grounds and Real Property Management. The project budget is $1,600,000. Funds are available from HB 1634, Laws of 2006.
University of Mississippi Medical Center
The Board staff concurs with the university’s request to reject all bids for GS 109-186, New Teaching Facility, and requested approval from the Bureau of Building, Grounds and Real Property Management. All bids were reviewed by the university. It was determined that the supplemental funding required for award is not available from UMC sources.
The Board staff approved the contract documents and authorized advertising for the receipt of bids for GS 109-193, Chiller #2 & Tower #2 Replacements. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $350,000. Funds are available from self- generated sources.
The Board staff approved Change Order #1 for IHL 209-381C, Adult Tower Landscaping, in the amount of $6,810.00 with an increase of one hundred sixteen days (116) to the contract of Flagstar Construction Company. The change order will remove the concrete sidewalk and curb and replace them with a concrete handicap ramp, correct existing soil pumping issues, add fill dirt to the southwest side at the power stand and electrical manhole, spray for weed control and nut grass, and add an additional 80 linear feet of expansion joints. The project budget is $530,000. Funds are available from the Educational Building Corporation and Patient Revenue.
The Board staff approved Change Order #1 for IHL 209-497, Pavilion MRI Addition 2006, in the amount of $7,730. The change order is for additional fencing, signage and demolition and disposal of asbestos roof material on the existing modular building being that is being removed. The project budget is $625,000. Funds are available from self-generated funds.
The Board staff approved the schematic design documents for IHL 209-501, School of Dentistry Renovations 2007, as prepared by JBHM, P.A. to renovate the existing lab area to create a new Cell Culture Lab and to convert the original studio area into classroom and bio-material office areas. The project budget is $270,000. Funds are available through self-generated sources.
The Board staff approved the contract documents and authorized advertising for the receipt of bids for IHL 209-502, Firewall Renovation Phase III. The project is a Joint Commission deficiency and should be placed on the market as quickly as possible. Therefore, approval to forego submittals of Schematic and Design Development documents is approved.
The Board staff approved Change Order #6 in the amount of $83,578 for IHL 209-435 “C”, Guyton Building Expansion. The change order provides for electrical revisions in the switches at the emergency power system to allow for monthly testing of the generator without building services disruption and also allows for the connection of an external generator source to feed/backup the existing generator for extended outages/emergencies. The project budget is $51,610,370. Funds are available from self-generated sources.
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The Board staff approved Change Order #2 in the amount of $18,900 for IHL 209-497, Pavilion MRI Addition 2006. The change order will provide for the cost of additional asphalt seal coating and overlay to the surrounding parking area in lieu of repairs within the contract to a smaller section within the construction limits which otherwise would leave unacceptable transitions to the existing total parking lot. The project budget is $625,000. Funds are available in the amount from self-generated sources.
The Board staff approved the contract documents and authorized advertising for the receipt of bids for IHL 209-502, Firewall Renovation Phase III. This project is a Joint Commission deficiency and will be placed on the market as quickly as possible. Therefore, approval to forego submittals of Schematic and Design Development documents has been approved. The project budget is $350,000. Funds are available from UMC self-generated sources.
University of Southern Mississippi
The Board staff approved Change Order #2 for GS 108-230, Polymer Institute Produce Processing Unit/Plant, in the amount of $5,900 with an increase of two (2) days to the contract time for Mac’s Construction. The change order provides for modifications to the filling and grading of the site over excavation and the addition of suitable select fill. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $25,000,000. Funds are available from SB 2988, Laws of 2003, and a NIST Grant.
The Board staff approved Change Order #5 for IHL 208-251, Trent Lott Center for Excellence in Economic Development & Entrepreneurship, in the amount of $466,730 with an additional sixty (60) days to the contract time for Finlo Construction. The change order will add the audio visual system to the main floor conference rooms. The project budget is $23,000,000. Funds are available from Government VA-HUD Independent Appropriations Act on 200 Conference Report (HR-107-202).
The Board staff approved Change Order #6 for IHL 208-251, Trent Lott Center for Excellence in Economic Development & Entrepreneurship, for an additional one hundred and ten days (110) to the contract time for Finlo Construction for a completion date of December 27, 2007. These additional days have been reviewed and recommended by the architect due to weather delays. No cost changes are involved.
The Board staff approved Change Order #6 for IHL 208-258, MM Roberts Stadium Expansion and Renovation, in the amount of $55,093.30 to furnish and install two inches of asphalt base, six inches of crushed limestone base and install a conduit for scoreboard communications. The project budget is $32,171,670.38. Funds are available from the USM Athletic Foundation.
The Board staff approved the bids and the award of a contract for IHL 208-263, Ogletree House Restoration and Expansion, for asbestos abatement/demolition to DC General Contractors, Inc., the lower of three (3) bidders, in the amount of $4,464,000. The award includes a ten percent (10%) negotiated deduction of the Base Bid and a deductive Alternate of $62,000. The project budget is $5,000,000. Funds are provided from university sources.
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The Board staff approved Change Order #1 for IHL 208-282, Renovation of President’s Home, in the amount of $24,622.63 with no change in contract time. The change order is to accommodate unforeseen conditions involving sub-flooring, insulation, adequate electrical boxes, new wall beam, extra dumpsters for debris removal and relocation of a catch basin. The project budget is $300,000. Funds are available from university sources.
The Board staff approved the award of a contract for IHL 210-236, Marine Environmental Research Laboratory, to Dan Hensarling, of Gulfport, the lower of eleven (11) bidders, in the amount of $1,636,800. The project budget is $2,442,775. Funds are available from Katrina Foreign Contributions Award, GRO 2745.
The Board staff approved Change Order #2 for GS 110-089, Research Office/Lab Facility, in the amount of $25,711.73 with an increase of one-hundred-five (105) days to the contract of J.O. Collins. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The change order is to revise underground piping for a future tie of sediment tanks, to revise seawater and non-potable water for added capacity, to provide stainless steel all thread which is best in the corrosive environment, to furnish a building plaque per standards, to allow time extension to coincide with the Project Notice to Proceed and to allow for delivery of an elevator. The project budget is $9,300,000. Funds are available from SB 2010, Laws of 2004, Mississippi DMR and NOAA grant GRO 02733.
The Board staff approved the design documents and authorized advertising for the receipt of bids for GS 115- 002, Oceanographic Facility/Infrastructure Modifications. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $4,157,000. Funds are available from SB 3197, Laws of 2002; SB 2010, Laws of 2004 and HB 246, Laws of 2007.
The Board staff approved the construction documents and authorized advertising for the receipt of bids for IHL 210-235, Aquaculture Demo Lab, Gulf Coast Research Lab-Cedar Point, as prepared by Allred and McNabb Architects, design professionals. The project budget is $1,400,000. Funds are available from university sources.
The Board staff approved the donation of five (5) cottages by the Mississippi Alternate Housing Pilot Program through the Mississippi Emergency Management Association (MEMA) to the USM Research Center (USMRC) in Ocean Springs. These cottages will be used by faculty, staff and students who were displaced from their primary residence due to Hurricane Katrina. A Memorandum of Understanding has been issued by USMRC and a fully executed copy will be kept on file in the Office of Real Estate and Facilities.
Page 7 of 7 02/18/2008 34 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA FEBRUARY 20-21, 2008 Page 1 of 8
A. APPROVAL OF PERSONNEL REQUESTS
Employment of Personnel
Jackson State University
Hongman Gao, Assistant Professor, Management Information Systems, Department of Management and Marketing; $80,000 per annum; effective January 3, 2008.
Elizabeth Lewis-Brooks, Director of Instructional Support and Pre-College Programs, Division of Student Life; $75,000 per annum; effective January 3, 2008.
Annette Nassali, Project Manager, Data Technology Coordinating Center; $80,000 per annum; effective January 3, 2008.
Mississippi State University
Bruin L. Campbell, Assistant Football Coach, Athletics, B.S., January 4, 2008, $175,000.00 per annum, pro rata.
University of Mississippi
Richard K. Austin; Assistant Football Coach; B.B.A.; Assistant Football Coach; January 18, 2008, to December 31, 2009; $290,000 per annum, pro rata
Michael A. Beaumont; Assistant Athletics Director for Football Operations; B.S.E; January 03, 2008, to June 30, 2008; $75,000 per annum, pro rata
Kendall O. Bowlin; Assistant Professor of Accountancy; M.A.; August 15, 2008, to May 10, 2009; $125,000 per annum, pro rata
Donald D. Decker; Head Football Strength and Conditioning Coordinator and Coach; M.S.; January 07, 2008, to June 30, 2008; $120,000 per annum, pro rata
Clifton J. Ealy; Assistant Athletics Director of Community Relations; M.S.; January 08, 2008, to June 30, 2008; $75,000 per annum, pro rata
Erin Holmes; Assistant Professor of Pharmacy Administration and Research Assistant Professor in the Research Institute of Pharmaceutical Sciences; Ph.D.; February 16, 2008, to June 30, 2008; $82,982 per annum, pro rata
02/18/2008 35 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA FEBRUARY 20-21, 2008 Page 2 of 8
Lynn P. Kuegle; Clinical Assistant Professor of Finance; Ph.D.; August 15, 2008, to May 10, 2009; $97,316 per annum, pro rata
Michael J. Markuson; Assistant Football Coach; M.S.; January 08, 2008, to December 31, 2010; $300,000 per annum, pro rata
Derrick Nix; Assistant Football Coach; B.S.; January 08, 2008, to June 30, 2008; $150,000 per annum, pro rata
Danny Nutt; Assistant Athletics Director for Player Development; B.S.; January 03, 2008, to June 30, 2008; $75,000 per annum, pro rata
Tracy Q. Rocker; Assistant Football Coach; B.S.; January 07, 2008, to December 10, 2010; $210,000 per annum, pro rata
James J. Shibest; Assistant Football Coach; B.S.; January 08, 2008, to June 30, 2008; $140,000 per annum, pro rata
University of Mississippi Medical Center
Martin C. Bunke – Professor of Medicine, School of Medicine, MD; $220,000 per annum, prorata; full-time; effective April 1, 2008 to June 30, 2008.
Christine Maric – Associate Professor of Physiology and Biophysics and Director of Immunohistochemistry / Histology Core, University Medical Center; Ph.D.; $100,050 per annum, prorata; full-time; effective April 1, 2008 to June 30, 2008.
Susan Pastor – Chief Nursing Officer of Blair E. Batson Hospital for Children, University Hospitals and Clinics; ND; $161,200 per annum, prorata; full-time; effective March 1, 2008 to June 30, 2008.
Change of Status
Jackson State University
Harvey Johnson, Jr., Director, President’s Initiative on Lynch Street Corridor; $90,000 per annum; to Executive Director, Center for University-Based Development; $115,000 per annum; effective January 1, 2008.
02/18/2008 36 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA FEBRUARY 20-21, 2008 Page 3 of 8
Mississippi State University
Billy B. Elmore, Associate Professor and Hunter Henry Chair, Chemical Engineering, $95,691.00 to Associate Director, Associate Professor (tenured), and Hunter Henry Chair, Chemical Engineering, $127,588.00 per annum, pro rata, effective March 1, 2008.
Joe R. Farris, Assistant to the President, Office of the President, $145,819.30 to Chief of Staff, Office of the President, $145,819.30 per annum, pro rata, effective March 1, 2008.
Scott N. Maynard, Interim Director, Career Center, $85,161.00 to Director, Career Center, $90,000.00 per annum, pro rata, effective March 1, 2008.
Michael T. Muzzi, Interim Assistant Director, Planning and Construction, Facilities Management, $96,475.00 to Assistant Director, Planning and Construction, Facilities Management, $96,475.00 per annum, pro rata, effective February 1, 2008.
Rodney A. Pearson, Professor, Management and Information Systems, $114,498.00 to Professor and Head (tenured), Management and Information Systems, $153,936.00 per annum, pro rata, effective July 1, 2008.
G. Stephen Taylor, Interim Director, Franklin Institute of Furniture Manufacturing and Management, $149,355.00 to Professor (tenured), Management and Information Systems, $105,668.00 per annum, pro rata, effective January 1, 2008.
University of Mississippi Medical Center
Jessica H. Bailey – Associate Professor of Health Information Management and Associate Dean for Academic Affairs, School of Health Related Professions to Associate Professor of Medicine and Director of Medical Education, School of Medicine; $101,581 per annum, prorata; full-time; to $103,500 per annum prorata; full-time; effective February 22, 2008 to June 30, 2008.
Stacy Baldwin – Assistant Director of Compliance, University of Mississippi Medical Center to Associate Director of Compliance, University Medical Center; $57,848 per annum, prorata; full-time; to $75,000 per annum, prorata; full-time; effective January 1, 2008.
Helen Denise Gipson – Registered Nurse I in Pediatrics, University Hospitals and Clinics to Nurse Practitioner in Otolaryngology, School of Medicine; $27.79 per hour; part-time; to $77,100 per annum, prorata; full-time; effective February 25, 2008.
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George M. Harrison – Assistant Professor of Radiology, School of Medicine to Assistant Professor of Radiology and Physicist, School of Medicine; $72,100 per annum, prorata; full-time; to $122,542 per annum, prorata; full-time; effective January 1, 2008 to June 30, 2008.
Bernard S. Niemeyer – Associate Director of Purchasing, University of Mississippi Medical Center to Director of Purchasing, University Hospitals and Clinics; $64,259 per annum, prorata; full-time; to $98,634 per annum, prorata; full-time; effective January 1, 2008.
Adeel Qaisar – Assistant Professor of Anesthesiology, School of Medicine to Assistant Professor of Anesthesiology, School of Medicine and Director, Acute Pain and Regional Anesthesia, University Hospital and Clinics; $71,070.00 per annum, prorata; full-time; to $150,000 per annum, prorata; full-time; effective February 1, 2008 to June 30, 2008.
Amy H. Smith – Nurse Manager I in Pediatrics, School of Medicine to Nurse Practitioner in Pediatrics, School of Medicine; $74,500 per annum, prorata; full-time; to $78,200 per annum, prorata; full-time; effective December 17, 2007.
University of Southern Mississippi
Anderson, Robert Blake; Assistant Football Coach, Department of Intercollegiate Athletics; $105,000 annually; effective January 1, 2008 – December 31, 2009
Bradford, Richard Todd; Assistant Football Coach, Department of Intercollegiate Athletics; $165,000 annually; effective January 3, 2008 – December 31, 2010
Camp, John Gary; Director of Football Operations, Department of Intercollegiate Athletics; $75,000 annually; twelve months; effective December 18, 2007
Duggan, David Thomas; Assistant Football Coach, Department of Intercollegiate Athletics; $105,000 annually; twelve months; effective January 3, 2008
Farrar, Barney L.; Assistant Football Coach, Department of Intercollegiate Athletics; $70,000 annually; twelve months; effective December 18, 2007
Fedora, Jr., Herbert Larry; Head Football Coach, Department of Intercollegiate Athletics; $650,000 annually; effective January 1, 2008 – December 31, 2011
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Hughes, Antonio R.; Assistant Football Coach, Department of Intercollegiate Athletics; $90,000 annually; twelve months; effective January 1, 2008
Kapilovic, Christopher G.; Assistant Football Coach, Department of Intercollegiate Athletics; $80,000 annually; twelve months; effective January 11, 2008
Kaufman, Arthur A.; Assistant Football Coach, Department of Intercollegiate Athletics; $110,000 annually; effective January 16, 2008 – December 31, 2009
Wilson III, Frank; Assistant Football Coach, Department of Intercollegiate Athletics; $90,000 annually; twelve months; effective January 1, 2008
Wolf, David F.; Vice President for Advancement and Executive Director of Development; $185,000 annually; effective February 1, 2008
Wyatt, Darrell Lamar; Assistant Football Coach, Department of Intercollegiate Athletics; $170,000 annually; effective January 1, 2008 – December 31, 2010
Sabbatical Leave
University of Mississippi
Dr. Adetayo Alabi, Associate Professor of English, August 25, 2008, to May 9, 2009. to complete the first draft of a book on the autobiographical writings of Wole Soyinka, the Nigerian and the first Black person to win the Nobel Prize for literature in 1986, $60,750 per annum, prorate (sabbatical pay for period will be $30,375).
Dr. Luca Bombelli, Associate Professor of Physics, August 25, 2008, to December 31, 2008, to work on research problems in quantum gravity in Barcelona, Spain, $68,546 per annum, prorate (sabbatical pay for period will be $34,273).
Dr. Robert Brown, Professor of Political Science, August 25, 2008, to December 31, 2008 to work on two projects. The first project combines work from two previous research efforts and examines changes in the social group coalitions of the parties (1977- 2003). The second project extends work on a pilot study to develop updated and improved measures of state political culture, $78,825 per annum, prorate (sabbatical pay for period will be $39,413).
Dr. Beth Ann Fennelly, Associate Professor of English, August 25, 2008, to May 9, 2009, to travel to Brazil on a Fulbright grant to study Elizabeth Bishop’s concept of home, and to further work on her fourth collection of poems, Shelter, and engage in deeper study of
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poetry and poetics, $62,950 per annum, prorate (sabbatical pay for period will be $31,475.
Dr. Dwight Frink, Associate Professor of Management, August 25, 2008, to May 9, 2009, to teach and do research abroad in order to advance teaching competencies in globalized coursework, and advance research stream into international contexts, $109,766 per annum, prorate (sabbatical pay for period will be $54,883).
Dr. Tamar L. Goulet, Assistant Professor of Biology, January 1, 2009, to May 9, 2009, to address broad research question of the effects of stressors on cnidarian-algal symbioses at Israeli Universities and develop and teach a course on Symbiosis in the Sea which will be offered in the city of Eliat, Gulf of Eilat, Red Sea. She also plans to establish contacts and create a new course to suggest to UM’s Study Abroad program, $59,850 per annum, prorate (sabbatical pay for period will be $29,925). (Contingent on being granted tenure)
Dr. Adam Gussow, Associate Professor of English and Southern Studies, August 25, 2008, to May 9, 2009, to work on a book-length monograph entitled Hellhounds, Tricksters, Bar Whiskey, and Evil Women: The Devil-Figure in Blues Culture, $61,028 per annum, prorate (sabbatical pay for period will be $30,514).
Dr. Jeffrey S. Hallam, Associate Professor of Health Promotion, January 1, 2009, to May 9, 2009, to finish writing a theory-based physical activity intervention textbook, $66,887 per annum, prorate (sabbatical pay for period will be $33,444).
Dr. Charles Arthur Ingene, Distinguished Chair of Business Administration and Professor of Marketing, January 1, 2009, to May 9, 2009, to complete several research projects: Pricing of Delivery Services: a General Demand Formulation, The Evolution of Retailing, A Handbook of Distribution Channels, and update course materials, $204,780 per annum, prorate (sabbatical pay for period will be $102,390).
Dr. Prabhakar Raju Mantena, Professor of Mechanical Engineering, January 1, 2009, to May 9, 2009, to do research on Blast and Impact Resistant Composite Structures, $113,116 per annum, prorate (sabbatical pay for period will be $56,558).
Dr. Diane Marting, Associate Professor of Modern Languages, August 25, 2008, to December 31, 2008, to produce a book/monograph about the short story collection, Aqui pasan cosan cosas raras (Strange Things Happen Here), by Argentine author, Luisa Valenzuela, $60,900 per annum, prorate (sabbatical pay for period will be $30,450).
Dr. Stephanie M. Noble, Associate Professor of Marketing, August 25, 2008, to December 31, 2008, to work on several research projects: Forced Co–Production, Stuck in the Muck of Service Relationships, and Relational Program Effectiveness: An Exploration of Reward Type and Reward Policy on Customer commitment and
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Relational Worth, $117,608 per annum, prorate (sabbatical pay for period will be $58,804).
Dr. Jack Wade Nowlin, Associate Professor of Law, August 25, 2008, to May 9, 2009, to write a book tentatively titled Not Above the Law: How the Constitution Constrains the Supreme Court’s Power of Judicial Review for University Press publication, $108,029 per annum, prorate (sabbatical pay for period will be $54,015).
Dr. Jo Ann O’Quin, Professor of Social Work, August 25, 2008, to December 31, 2008, to complete research and dissemination of results for gerontology/social work projects, including the “super-centenarian project and a teaching tool kit on aging, $80,000 per annum, prorate (sabbatical pay for period will be $40,000).
Dr. Larry J. Pittman, Professor of Law, August 25, 2008, to December 31, 2008, to research and write a law journal article that will offer proposals to provide more due process protection during arbitration of consumer contracts, $126,136 per annum, prorate (sabbatical pay for period will be $63,068).
Dr. Richard Raspet, Professor of Physics and Astronomy, January 1, 2009, to May 9, 2009, to complete research on wind noise generation theories. This will require several measurement trips to Illinois, $104,200 per annum, prorate (sabbatical pay for period will be $52,100).
Dr. Brian J. Reithel, Professor of Management Information System, August 25, 2008, to December 31, 2008, to explore current developments and trends in the important field of software forensics. He also proposes to develop a critical literature review that highlights important developments, trends, and gaps in the software forensics literature, $175,000 per annum, prorate (sabbatical pay for period will be $87,500).
Dr. Kimberly K. Shackelford, Associate Professor of Social Work, January 1, 2009, to May 9, 2009, to conduct an exploratory qualitative research project to determine the incidence, types, and causes of abuse and neglect of children in San Pedro, Ambergris Caye, Belize, $67,164 per annum, prorate (sabbatical pay for period will be $33,582).
Ms. Debra Lea Spurgeon, Associate Professor of Music, January 1, 2009, to May 9, 2009, to create a compendium of resource materials for Women’s Choirs, which will result in a monograph or book for conductors, $63,000 per annum, prorate (sabbatical pay for period will be $31,500).
Dr. Douglass Sullivan-Gonzalez, Dean and Associate Professor of History, August 25, 2008, to December 31, 2008, to complete researching and to write his manuscript on the Black Christ of Esquipus, Guatemala, $106,171 per annum, prorate (sabbatical pay for period will be $39,814).
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Dr. Mark V. Van Boening, Associate Professor of Economics, January 1, 2009, to May 9, 2009, to research and conduct economics experiments on bargaining in bilateral negotiation, $91,268 per annum, prorate (sabbatical pay for period will be $45,634).
Dr. Milan Mark Walker, Associate Professor of Finance, January 1, 2009, to May 9, 2009, to work on a project that will examine the gains to acquiring and targeting firm shareholders, and also will examine how the gains are divided, $117,314 per annum, prorate (sabbatical pay for period will be $58,657).
Dr. Jeffrey R. Watt, Professor of History, August 25, 2008, to May 9, 2009, to examine the imposition of social discipline in Geneva during the time of John Calvin. Through the records of the Consistory, a type of morals court, he will weigh Calvinists’ success in effecting religious compliance, educating the young, settling disputes, and reaching other goals, $81,216 per annum, prorate (sabbatical pay for period will be $40,608).
Dr. Bing Wei, Associate Professor of Mathematics, August 25, 2008, to December 31, 2008, to focus on doing research in structural graph theory by considering problems related to some special structures, such as paths, cycles, linkages and orderedness. He will also read papers and gather new information for teaching graduate classes and guiding Ph.D students, $63,800 per annum, prorate (sabbatical pay for period will be $31,900).
Dr. Charles Wilson, Cook Chair of History and Professor of Southern Studies, August 25, 2008, to December 31, 2008, to complete a manuscript entitled How Southerners Became Southerners: A Cultural History of The American South, which will trace the evolution of cultural farms and identity in the South, $95,000 per annum, prorate (sabbatical pay for period will be $47,500).
Emeritus Status
University of Mississippi Medical Center
Connie S. McCaa – Professor of Ophthalmology, School of Medicine and Professor of Biochemistry, University of Mississippi Medical Center to Professor Emeritus of Ophthalmology, School of Medicine; $71,659 per annum, prorata; part-time; to non- salaried; effective January 1, 2008; assuming Professor Emeritus status.
James E. Peck - Associate Professor of Communicative Sciences, University Hospitals and Clinics to Associate Professor Emeritus of Communicative Sciences, University Hospitals and Clinics; $74,239 per annum, prorata; full-time; to non-salaried; effective January 1, 2008; assuming Associate Professor Emeritus status.
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1. SYSTEM ADMINISTRATION – AMENDMENTS AND ADDITIONS TO BOARD POLICY (FOR FIRST READING) Amendments and additions to the following Board Policies are requested: a. Amendments 201.0601 Role and Scope of the Institutions 201.0605 Institutional Officers 201.0607 Campus Locations and Programs 301.0801 Duties of the Institutional Executive Officers 301.0804 Records 402.01 Faculty Defined 403.0101 Minimum Standards for Tenured Employment 403.04 Tenure of Institutional Executive Officers 408.03 Sabbatical Leave 501 Academic Program Approval 501.02 New Programs 501.03 New Academic Programs and Units 403.03 Program Modification 501.04 Consolidation or Suspension of Programs 501.06 Academic Class Calendar Course Requirements 503.01 Distance Learning Policy Statement of Principles 503.0101 Definitions 503.0102 Types of Degrees to be Granted and Role of Individual Institutions 504.0101 Hours to Degree 601.05 Core Requirements for University Graduation 505 Military Policies 505.01 Students Called to Active Duty 506 Teacher and Administrator Preparation Programs 506.01 Quality Assurance Policy for Beginning Teachers 506.02 Quality Assurance Policy for Beginning Principals 506.03 Process and Performance Standards for State Approved Teacher and Administrator Preparation Programs 506.0301 Minimum Teacher Education Standards 506.0302 Teacher Education Process Review Visits 506.0303 Selection and Composition of Visiting Teams 506.0304 Process and Performance Review 506.0305 Program Approval for New Teacher Education Programs 506.0306 Accreditation of Teacher Education Programs by NCATE 506.0307 Annual Updates through the AACTE Reporting Form 506.0308 Educational Leadership Programs 506.0309 Educational Leadership Program Process Review 506.0310 Selection and Composition of Visiting Teams
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506.0311 Accreditation of Educational Leadership Programs through Formal NCATE Review 600 Student Affairs 801.04 Employment Contracts 801.06 Hiring Procedures 801.15 Staff and Dependent Tuition Waivers
b. Additions 505 Class Attendance 505.01 Class Attendance
The text revisions/additions with justification will be provided under separate cover.
STAFF RECOMMENDATION: Board staff recommends approval of this item.
2. SYSTEM ADMINISTRATION – APPROVAL OF MODIFICATIONS TO EXISTING ACADEMIC PROGRAMS In accordance with Board Policies 403.03 Program Modification, 501.01 Board Approval, and 501.04 Consolidation or Suspension of Programs, Delta State University, The University of Mississippi and The University of Mississippi Medical Center request permission to modify the existing academic degree programs. a. Delta State University requests permission to delete the Bachelor of Science in General Studies in History degree program (CIP 54.0101) as the program is no longer being offered. b. The University of Mississippi requests permission to rename the Doctor of Philosophy in Music Education degree program (CIP 50.0901) to the Doctor of Philosophy in Music degree program (CIP 50.0901) in order to better express the research emphasis of the present program. c. The University of Mississippi Medical Center requests permission to delete the Bachelor of Science in Occupational Therapy degree program (CIP 51.2306) as the master’s degree is the commonly accepted degree. A master of occupational therapy was established on July 18, 2002. d. The University of Mississippi Medical Center requests permission to delete the Master of Physical Therapy degree program (CIP 51.2308) as the doctor of physical therapy degree is the commonly accepted degree. A doctor of physical therapy degree was established on August 12, 2004. STAFF RECOMMENDATION: Board staff recommends approval of this item.
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3. SYSTEM ADMINISTRATION – APPROVAL OF NEW ACADEMIC UNIT In accordance with Board Policy 501.03 New Academic Programs and Units, The University of Mississippi requests permission to create a School of Journalism to be housed in newly renovated Farley Hall which is also home to the Overby Center for Southern Journalism and Politics. The school will focus on the future of journalism and communications with an emphasis on technology and its impact on society, a unique approach to journalism education among the nation's institutions of higher learning. As the department of journalism has existed for some seventy years within the College of Liberal Arts, the reorganization will be funded through reallocation of resources with any additional costs being funded through revenues received from a $5.3 million dollar gift from Ed and Becky Meek. STAFF RECOMMENDATION: Board staff recommends approval of this item.
4. SYSTEM ADMINISTRATION – REVISION TO ADDENDUM TO MEMORANDUM OF AGREEMENT FOR PARTICIPANTS IN THE SOUTHERN REGIONAL EDUCATION BOARD STATE DOCTORAL SCHOLARS PROGRAM This change to the Addendum to Memorandum of Agreement for Participants in the Southern Regional Education Board State Doctoral Scholars Program provides flexibility for scholars to fulfill their service obligation to the state.
The text revisions will be provided under separate cover.
STAFF RECOMMENDATION: Board staff recommends approval of this item.
5. SYSTEM ADMINISTRATION – INSTITUTES AND CENTERS (INFORMATION ONLY) a. Jackson State University has established the Center for University-Based Development. This limited scope and outreach center will facilitate development partnerships aimed at revitalizing the neighborhoods adjacent to the university campus, while providing service learning experiences for students and research opportunities for faculty and students. Housed in the Office of the President, the Center is funded through university and extramural resources. b. The University of Mississippi has renamed the Center for Health Promotion and Health Behavior to the Center for Health Behavior Research within the School of Applied Sciences. This change helps delineate the differences between this limited scope and outreach center (focused on conducting research in health behavior) and the Office of Health Promotion within the Department of Health Services (charged with educating the university community about a wide range of health issues, including the use, misuse and abuse of alcohol).
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STAFF RECOMMENDATION: Board staff recommends this item be received as information.
6. SYSTEM ADMINISTRATION – 2008 HEADWAE HONOREES (INFORMATION ONLY) The Higher Education Appreciation Day, Working for Academic Excellence (HEADWAE) was established by Mississippi Legislative Resolution #88 in 1987 to annually honor the academically talented students and faculty members of Mississippi's higher education institutions who have made outstanding contributions in promoting academic excellence. The Appreciation Day, hosted by the Legislature each February in Jackson, is the Legislature's way of saying "thank you" to these students and faculty for their commitment to the future of Mississippi. On Appreciation Day, the honorees are invited to the State Capitol where they are welcomed by the Lieutenant Governor and recognized in each chamber of the Legislature. A luncheon follows wherein each student and faculty honoree is recognized by name in front of their guests, institution leaders, corporate sponsors, and legislators. The goal of the Appreciation Day is to encourage excellence among those involved in higher education as a way to further leadership, increase knowledge across the broad spectrum of education, and promote good citizens capable of thriving in today's society and prepared to meet future challenges. To this end, one student and faculty honoree are annually selected from each of the thirty-six public and private member institutions of the Mississippi Association of Colleges and Universities to participate in the Appreciation Day activities. Additionally, the generosity of corporate sponsors provides for each honoree to be accompanied to the luncheon by two guests. The 2008 HEADWAE recipients were honored on February 19, 2008 at the Jackson Marriott Downtown. System honorees are:
INSTITUTION FACULTY HONOREE STUDENT HONOREE Alcorn State University Pamela T. Felder Antonio Cooper, Jr. Delta State University Shelby B. Polk Deborah Katherine Brick Jackson State University Carrine Harris Bishop Thomas LeRoy Wallace Mississippi State University Rayford B. Vaughn Jeremy Lamar Johnson Mississippi University for Women William Glynn Biddy Bolanle Atinuke Bukoye Mississippi Valley State University Ademola Moses Omishakin Andrea Nicole Haywood University of Mississippi David E. Willson Lee Andrew Taggart University of Mississippi Medical Center Lisa Arender Haynie Lynn Marie Jackson University of Southern Mississippi Frank R. Moore Hilliary Layne Walters
STAFF RECOMMENDATION: Board staff recommends this item be received as information.
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1. JSU – APPROVAL OF RESOLUTION TO CONVERT INTEREST RATE PERIOD ON SERIES 2004-B BONDS
Board approval is requested for a Resolution authorizing Jackson State University’s Educational Building Corporation (the "JSU/EBC") to convert its Revenue Bonds, Series 2004-B for Campus Facilities Projects from the current Auction Rate Securities Interest Rate Period to a Long-Term Interest Rate Period. Auction Rate Securities (ARS) are long term, variable rate bonds tied to short term interest rates. ARS have a long term nominal maturity with interest rates reset through a modified Dutch auction, at predetermined short term intervals (in this case 7 days). The Series 2004-B Bonds were issued in the original principal amount of $25,925,000 pursuant to a Trust Indenture, dated as of June 1, 2004, between JSU/EBC and The Bank of New York Trust Company, N.A., (the "Trustee"), as supplemented and amended by a First Supplemental Indenture, dated as of July 1, 2006, between JSU/EBC and the Trustee (collectively, the "Indenture"). The Series 2004-B Bonds are currently outstanding in the principal amount of $24,875,000. A principal payment in the amount of $550,000 is due on the Series 2004-B Bonds on March 1, 2008. JSU/EBC desires to exercise its option under the Indenture to convert the Series 2004-B Bonds from the ARS Interest Rate Period to a Long-Term Interest Rate Period. Due to current market conditions, auction rate securities such as the Series 2004-B Bonds are trading at unusually high interest rates. By Board approval converting the Series 2004-B Bonds to a Long-Term Interest Rate Period of approximately three years with a mandatory put at the end of the period, JSU/EBC will be able to achieve a significant interest rate reduction with respect to the Series 2004-B Bonds. The Series 2004-B Bonds will bear interest at fixed interest rates during such Long-Term Interest Rate Period. JSU/EBC desires to expedite the process of converting the Series 2004-B Bonds by having the Board approve the conversion. Pursuant to the Indenture, the holders of the Series 2004-B Bonds must be given at least thirty (30) days notice of a conversion. JSU/EBC proposes to instruct the Trustee to give the required notice of conversion to the bondholders as soon as possible following approval of the conversion by the Board and by the Board of Directors of JSU/EBC.
STAFF RECOMMENDATION: Staff recommends approval of this item pending the Attorney General’s office review of the documents once prepared.
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2. UMMC - APPROVAL OF CONTRACTS
A. Approval for Consulting Service Agreements with Computer Science Corporation (CSC) Consulting, Inc.
1. The University of Mississippi Medical Center requests approval to enter an eighteen-month contract with CSC Consulting, Inc. The contract is to manage all aspects of the revenue cycle for hospital services from inception such as patient scheduling to completion including billing, collection and after-care. The dates of the contract are April 1, 2008 - September 30, 2009. The total contract amount is not to exceed $3,587,065.
2. The University of Mississippi Medical Center requests approval to enter into a five-month contract with CSC Consulting, Inc. The contract is to provide leadership and operational support to the Inpatient Surgery Center and Sterile Processing Department. The overall objectives of this contract were outlined in the master plan for margin improvement approved by the IHL Board on March 14, 2007. The dates of the contract are February 20, 2008 - June 30, 2008. The total contract amount is $517,300.
3. The University of Mississippi Medical Center requests approval to amend a consulting agreement with CSC Consulting, Inc. A contract between UMMC and CSC Consulting, Inc. to achieve an overall supply chain financial improvement was approved by the IHLBoard on June 20, 2007. The original contract period was July 1, 2007 - September 30, 2008 and the total contract amount was $3,144,200. The purpose of this amendment is to allocate additional funds in the amount of $220,400 to expand the statement of work for the project manager’s fee. This component of the project is scheduled to be completed by June 30, 2008. The overall contract amount will not exceed $3,364,600.
4. The University of Mississippi Medical Center requests approval to amend a consulting agreement with CSC Consulting, Inc. A contract between UMMC and CSC Consulting, Inc. to implement Perioperative and Central Services Clinical Redesign Initiatives was approved by the IHL Board on July 9, 2007. The original contract period was July 19, 2007-January 18, 2008, and the contract amount was $662,791. The purpose of this amendment is to extend the contract period through March 1, 2008 at no additional cost.
STAFF RECOMMENDATION: These agreements/amendments have been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of Items 1-4.
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B. Approval for Lease Agreements with Select Specialty Hospital - Jackson, Inc.
1. The University of Mississippi Medical Center requests approval to enter into a three-year lease agreement with Select Specialty Hospital-Jackson, Inc. The agreement is to lease a total of 12,415 square feet to relocate the Sleep Lab. The contract period is March 1, 2008 - February 28, 2011. The annual rent is $333,343. UMMC will be responsible for operating and utility costs not to exceed $210,000 annually. The total annual contract amount is $543,343.
2. The University of Mississippi Medical Center requests approval to enter a three-year lease agreement with Select Specialty Hospital-Jackson, Inc. The agreement is to lease a total of 9,403 square feet to relocate the outpatient Gastro-Intestinal/Endoscopy Outpatient Clinic. The contract period is March 1, 2008-February 28, 2011. The annual rent is $329,387. UMMC will be responsible for operating and utility costs not to exceed $159,000 annually. The total annual contract amount is $488,387.
STAFF RECOMMENDATION: These agreements has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of Items 1-2.
C. Contract Approval for a Laboratory Services Agreement
1. The University of Mississippi Medical Center requests approval to enter into a three-year service agreement with Laboratory Corporation (LabCorp) of America. The contract is to provide testing and consultant services for matching outside patients to potential transplant donors. The dates of the contract are March 1, 2008 - February 28, 2011, and the contract total is not to exceed $750,000.
STAFF RECOMMENDATION: This agreement has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item.
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D. Approval of Amendment to Allocate Additional Funds to the Nursing and Allied Health Staffing Agreement
1. A contract between ShareStaff, LLC and the University of Mississippi Medical Center for the provision of supplemental personnel for the University Hospitals and Clinics was originally approved by the IHL Board on June 14, 2006. An escalation of the annual fiscal year allocation was approved by the IHL Board on March 14, 2007. The period of the original contract was July 1, 2006 - June 30, 2009 and the original total for the contract period was not to exceed $9,600,000. UMMC is requesting permission to escalate the contract amount by $7,500,000 bringing the overall total to $17,100,000 for the same contract period.
STAFF RECOMMENDATION: This amendment has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item.
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3. SYSTEM ADMINISTRATION - APPROVAL TO ESCALATE THE MISSISSIPPI OFFICE OF STUDENT FINANCIAL AID BUDGET
System Administration requests IHL Board approval to escalate the FY 2008 Mississippi Office of Student Financial Aid budget from $30,486,726 to $31,988,381. The additional funds will come from the increase in IHL’s Financial Aid collections. The request is to cover any shortfalls in the spring 2008 scholarship/loan programs.
Current Increase/ Category Budget (Decrease) Revised Budget Salaries 542,622 0 542,622
Total Salaries, Wages, and Fringe Benefits 542,622 0 542,622 Travel and Subsistence 12,000 0 12,000 Contractual Services 550,000 0 550,000 Commodities 20,000 0 20,000 Capital Outlay: Non Equipment 0 0 Equipment 10,000 0 10,000 Mandatory Transfers: Other 29,352,104 1,501,655 30,853,759 Total Mandatory Transfers 29,352,104 1,501,655 30,853,759 Increase in Fund Balance
Total Uses of Funding $30,486,726 $1,501,655 $31,988,381
According to Board Policy 701.06 Budget Escalations and Revisions all escalations to annual budgets must be submitted through the Commissioner to the Board of Trustees for approval prior to implementation.
STAFF RECOMMENDATION: Board staff has reviewed the escalation request and recommends approval of this item.
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APPROVAL OF INITIATIONS OF PROJECTS/APPOINTMENTS OF PROFESSIONALS
1. DSU – GS 102-220, Cafeteria Infrastructure Renovation
Delta State University requests permission to initiate an infrastructure project and to appoint Atherton Engineering as project professionals. The university recently discovered a number of line breaks in the plumbing and gas lines beneath the university’s Young Mauldin Cafeteria. The leaks had created a potentially hazardous condition beneath the cafeteria. The project is estimated to cost $300,000. The university is requesting funding from the 2007 IHL Discretionary Fund as authorized by HB 246, Laws of 2007.
2. MSU – IHL 205-234, MSU Research & Technology Park Road
Mississippi State University requests permission to initiate a project and to appoint Neel- Schaffer, Inc. of Columbus, MS as project professional to construct a new entrance road from Highway 182 East to the existing research park. The Mississippi Department of Transportation recommended Neel Schaffer, Inc. as the professionals for this project. The project budget is $2,460,000. Funds are provided through the Mississippi Department of Transportation.
3. MSU – IHL 205-237, Parking Lot South
Mississippi State University requests permission to initiate a project to rebuild the parking lot south of the new Agricultural and Biological Engineering Building and to appoint Peter Rook, P.E. as project professional. The project will construct a 233 car parking lot with access road, lighting and landscaping. The project budget is $800,000. Funds are available from self-generated sources.
4. MVSU – GS 106-184, Business Education Building
Mississippi Valley State University requests permission to appoint Pryor and Morrow Architects/Planners as project professionals for Business Education Building and to change the name of GS 106-184 from Business Education Building F&E to Repair and Renovation for Campus Facilities. The project scope will be determined by the university, IHL and the Bureau of Buildings, Grounds and Real Property Management. The project budget is $1,190,000. Funds are available from HB 1634, Laws of 2006.
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5. MVSU – GS 106-210, Science & Technology Building
Mississippi Valley State University requests permission to initiate a project and to appoint Foil Wyatt Architects/Planners as project professionals to furnish and equip the new Science and Technology Building. The project scope will be determined by the university, IHL and the Bureau of Buildings, Grounds and Real Property Management. The project budget is $1,000,000. Funds are available from HB 246, Laws of 2007.
6. MVSU – GS 106-211, J.H. White Library Building
Mississippi Valley State University requests permission to initiate a project and to appoint Duvall Decker Architects/Planners as project professionals to furnish and equip the J.H. White Library Building . The project scope and budget will be determined based upon funding availability as approved by the university, IHL and the Bureau of Building, Grounds and Real Property Management. The project budget is $1,000,000. Funds are available from HB 246, Laws of 2007.
7. MVSU – Re-Roof College Hall I
Mississippi Valley State University requests permission to initiate a project, to appoint Pryor and Morrow Architects/Planners as project professionals, to transfer funds in the amount of $59,034.66 (SB 2988, Laws of 2003) from GS 106-196, Re-roof Magnolia and Leflore Residence Halls and to transfer funds in the amount of $107,818.99 (SB 2988, Laws of 2003) from GS 106-190, 2003 R&R, for a total transfer of $166,853.60. Additional project funds in the amount of $500,000 will be made available from self- generated sources. The total project budget is $666,853.60. Funds are available from SB 2988, Laws of 2003; SB 2988, Laws of 2003, and university self-generated sources.
8. UM – IHL 207-308, Hot Water Loop Expansion
The University of Mississippi requests permission to initiate a project for a hot water loop expansion. The university plans to utilize external assistance for installation (RFP) and internal resources for materials. The project budget is $550,000. Funds are available from self-generated sources.
9. UMMC – GS 109-195, Adult Emergency Renovations-2007
The University Mississippi Medical Center requests permission to appoint Dale/Morris Architects as project professionals for the Adult Emergency Renovations-2007 project. The project budget is $5,300,000. Funds are available from HB 246, Laws of 2007.
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10. UMMC – IHL 209-508, R019 CT Scanner Renovations
The University Mississippi Medical Center requests permission to initiate a project and to appoint Simmons Associates/AIA, Ridgeland, MS as project professionals to renovate the existing suite layout, finishes, and utilities to accommodate the new CT scanner. The project budget is $310,000. Funds are available from self-generated sources.
11. USM – IHL 208-284, Textbook Center Renovation
The University of Southern Mississippi requests permission to initiate a project and to appoint Landry & Lewis Architects of Hattiesburg, MS as project professionals for the renovation of the old Textbook Center for use as an academic space. Funding is available in the amount of $35,000 for the initial programming and design effort from self- generated sources.
STAFF RECOMMENDATION: Board staff recommends approval of Items 1-11.
APPROVAL OF BUDGET INCREASE/CHANGE OF SCOPE
12. UM – GS 107-286, Coulter Hall Phase 1A
The University of Mississippi requests approval to increase the budget from $3,000,000 to $4,308,338 for an increase of $1,308,338. This increase is needed due to the discovery of serious safety issues associated with the air handling system after the project architects embarked on the design of the project. The university proposes funding this phase by using the $3,000,000 previously allotted to the project through the Bureau of Buildings; HB 1634, Laws of 2006; and adding self generated university funds in the amount of $1,308,338.
STAFF RECOMMENDATION: Board staff recommends approval of Item 12.
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APPROVAL OF OTHER REAL ESTATE AND FACILITIES REQUESTS
13. JSU – Revisions to the IHL Approved Facilities Needs Requests
Priority #4 on the Board approved Facilities Needs Requests is Jackson State University’s request for funding of Land Acquisition at $4,000,000. Jackson State University requests approval to revise their Facilities Needs requests as follows:
A. IHL Priority #4: Reduce the amount requested for Land Acquisition from $4,000,000 to $2,000,000. B. IHL Priority #4 a (new item): Add a request for additional funding for Johnson/Dansby Replacement (GS 103-219), at $2,000.000.
Note: The total request for the two items above remains the same amount as Jackson State University’s current request of $4,000,000 for Land Acquisition.
14. USM – Approval of Development Agreement
The University of Southern Mississippi requests authorization to execute the Development Agreement of the University of Southern Mississippi Research Foundation to allow the development of a research and development park. The park is proposed to be situated on approximately 500 acres formerly used as the University Gold Course. To carry out this goal, the university also requests that the Board authorize execution of a quitclaim deed from the Board to the university.
STAFF RECOMMENDATION: This Item has been reviewed and approved by the Attorney General’s office. Board staff recommends approval of this Item.
DEVELOPMENT AGREEMENT
This Development Agreement (“Agreement”) is entered into on this the ______day of
______, 2008, by and between The University of Southern Mississippi (USM) and The University of Southern Mississippi Research Foundation (USM Research Foundation).
WHEREAS, USM is the owner of certain tracts of land located in Forrest County,
Mississippi, more particularly described in Exhibit “A” (Property) which is attached hereto and made a part hereof by reference; and
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WHEREAS, the USM Research Foundation intends to ground lease from time to time all
or a portion of the Property from USM to develop thereon an Innovation and Commercialization
Park (Park); and
WHEREAS, the transactions contemplated by this Agreement will benefit USM by creating an environment that fosters intellectual exchange and creativity, providing facilities that showcase the products and research of USM, establishing partnerships with businesses in the region, contributing to the economic vitality of the State of Mississippi, and to implement the
University’s economic and academic development plans; and
WHEREAS, the parties are desirous of entering into this Agreement to establish the
terms and conditions on which the Park shall be developed.
NOW THEREFORE, in consideration of the mutual exchange of the covenants
contained herein, the parties hereby agree as follows:
ARTICLE I
Option to Lease
Section 1.1 Title. USM represents that it owns the Property in fee simple, subject to
no reservations, exceptions, possibilities of reverter or conditions subsequent, except as referred
to elsewhere in this Agreement, and that the Property is otherwise free from encumbrances and,
USM further represents that it has the right to enter into this Agreement. USM agrees that it will
execute or procure any further necessary assurances of title that may be reasonably required for
the protection of the USM Research Foundation.
Section 1.2 Grant. USM hereby irrevocably grants to the USM Research
Foundation the sole and exclusive option to lease from time to time all or a portion of the 02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 56 AGENDA REAL ESTATE AND FACILITIES FEBRUARY 20-21, 2008 Page 6 of 27
Property with each parcel to be leased with the terms and conditions of a separate ground lease.
By acceptance of this grant, the University of Southern Mississippi Research Foundation agrees that it shall actively pursue opportunities for economic and academic development of the subject property. In doing so, the Foundation will conduct economic, academic and development surveys and shall create plans for development to be approved by the University. Furthermore, the Foundation shall report its progress on this project to the University President on a quarterly basis. The University President shall have the authority and obligation to review all such reports
of progress made by the Foundation. Should the University President find that the Research
Foundation selection of tenants for the subject property is not consistent with the goals of the
University, the President shall withhold University approval of any proposed lease and
agreement between the Foundation and its proposed tenant. Such option shall continue until all
of the Property has been leased by the USM Research Foundation or the earlier termination of this Agreement.
Section 1.3 Term. The term of this Development Agreement shall be for ninety-
nine (99) years, unless sooner terminated as herein provided, commencing on March 1, 2008.
Section 1.4 Lease Representations. Upon the execution of each lease, USM
shall represent to the USM Research Foundation the following:
(a) USM holds good and merchantable fee simple title to the parcel and has full
unrestricted right, power, and authority to enter into the lease and the obligations thereunder.
(b) There exists no violations of law, rules, or regulations and no uncured notices
which have been served by any federal, state, or local government or agency or subdivision
thereof of violations of law, rules or regulations which would affect the parcel to be leased or its
use and operation. 02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 57 AGENDA REAL ESTATE AND FACILITIES FEBRUARY 20-21, 2008 Page 7 of 27
(c) There is no pending, threatened, or contemplated condemnation, legal action, or similar proceeding affecting the parcel to be leased, nor is there any other pending or threatened proceeding that would adversely affect the parcel or its use and the operations thereon.
(d) There are no contractual or other restrictions against USM’s right to lease the parcel and there are no parties in possession, other than the USM Research Foundation.
(e) To the best of USM’s knowledge, there is not constructed, deposited, stored, disposed, placed or located on the parcel any hazardous materials.
(f) Any such lease will be subject to any reservation of oil, gas and other mineral rights in, on, under, or that may be produced from the property, including but not limited to petroleum, gas and related hydrocarbons together with all appropriate and necessary rights of ingress to and egress from the surface of the Property for the purpose of exploration.
(g) Any such lease will be subject to any applicable condition contained in any grant or aid from the Untied States of America to USM or USM Research Foundation, and which the
Property, or any portion thereof, is used for a purpose for which any federal financial assistance or grant is extended. USM Research Foundation agrees to comply with any such conditions during the term of this Agreement.
(h) USM Research Foundation, by its acceptance of this Agreement, for itself, its successors and assigns, covenants and agrees to and with USM that no portion of the Property herein which has been determined to be subject to flooding may be used for construction of any type of facility that could be damaged by such flooding; or may be developed to the extent that flooding would cause loss to the USM Research Foundation. The USM Research Foundation agrees to include in any sub-lease of all or a portion of the Property the restriction set forth in this sub-section. 02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 58 AGENDA REAL ESTATE AND FACILITIES FEBRUARY 20-21, 2008 Page 8 of 27
Section 1.5 Annual Report. The USM Research Foundation shall submit to
USM on or before March 1 of each year, commencing in 2009, a certified annual financial report prepared by independent certified public accountants.
Section 1.6 Records. The USM Research Foundation shall maintain suitable books of account and such books shall be available for inspection and audit by USM and by the independent certified public accountants which prepare the USM Research Foundation annual certified financial report at any reasonable time within three (3) years after the expiration of each respective calendar year.
ARTICLE II
Restrictions of Use
The following permitted land and building uses may be further limited by the USM
Research Foundation but may not be expanded upon by the USM Research Foundation without the written authorization of USM.
(a) Research and Development. Laboratories, offices and related facilities intended for basic and applied research, development and/or testing of technology-based products and services, conducted by or for any individual, partnership, firm, association, corporation, trust or other form of business or government entity, whether public or private.
(b) Low Volume, High Technology Production. Facilities necessary for the production or assembly of products of a technological nature, provided that this production or assembly is supported by on-site research or product development activities of the occupants and that production volumes are less than 50 truck loads per year. A truck load being defined as
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40,000 net pounds of product or the amount of packaged product which may fit on a standard
semi-tractor trailer, whichever is less.
(c) Pilot and Prototype Facilities. Pilot plants in which prototype processes or
products of a technological nature planned for use elsewhere can be assembled and tested.
(d) Headquarters. Corporate, regional and divisional headquarters of
technology-based or knowledge-driven companies and organizations, provided that a direct
relationship exists between the occupant’s administrative staff and its research and development
endeavors, whether such endeavors are located within the Park or elsewhere.
(e) Support Organizations. Offices and related facilities of not-for-profit
research or educational institutes or organizations performing professional, training, research,
scientific or engineering support to technology industries. This includes, but is not limited to,
accounting firms, legal firms, consulting companies, and environmental services companies
performing direct support for technology industries.
(f) Conference Center & Training Facilities. Corporate and professional training
facilities and/or conference centers, the primary purpose of which is to host activities, meetings
and functions of both USM and Park participants.
(g) Hotel. A hotel, the primary purpose of which is to serve as lodging for
employees, invitees and guests of both USM and Park participants.
(h) University Research Facilities. Any building or facility of USM necessary for research, the direct support of research or the commercialization of USM’s intellectual property.
(i) Other Facilities. Any other facilities or uses employing high ratios of
employees working in the sciences and engineering fields and reasonably related to the intended 02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 60 AGENDA REAL ESTATE AND FACILITIES FEBRUARY 20-21, 2008 Page 10 of 27
purposes of USM or the Park, provided these uses are specifically approved by the USM
Research Foundation.
No item herein should be construed as allowing heavy manufacturing, high volume
assembly processes, warehousing or distribution operations to be housed in the Park.
ARTICLE III
Quiet Enjoyment
The USM Research Foundation, upon the performance of all the terms of this Agreement,
shall at all times during the Agreement term peaceable and quietly enjoy the Park without any
disturbance from USM or from any person claiming through USM, subject, however, to the
reservations and conditions of this Agreement.
ARTICLE IV
Indemnification
The USM Research Foundation agrees to indemnify and hold harmless USM 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 of the USM Research Foundation, its agents, employees or contractors in or about the Property.
ARTICLE V
Miscellaneous
Section 5.1 No Waiver. A party’s failure to insist upon strict performance of any of
the terms, covenants, conditions or agreements contained herein shall not be deemed a waiver of
any rights or remedies that such party may have and shall not be deemed a waiver for any
02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 61 AGENDA REAL ESTATE AND FACILITIES FEBRUARY 20-21, 2008 Page 11 of 27 subsequent breach or default in the performance of any of the terms, covenants, conditions or agreements contained herein.
Section 5.2 Relationship Between the Parties. The parties hereby agree that the
USM Research Foundation is an independent entity. The USM Research Foundation is not the agent or employee of USM, and nothing in this Agreement creates an employment or other agency relationship between the parties. In addition, this Agreement does not create any obligation or relationship such as a partnership, joint venture or other similar legal relationship under the laws of any state or federal government. Any correspondence or other references to
“partners” or other similar terms will not be deemed to alter, amend or change the relationship between the parties hereto unless there is a formal written agreement specifically detailing the rights, liabilities and obligations of the parties as to a new, specifically defined legal relationship.
Section 5.3 Notices. All notices and other communications required or permitted to be given hereunder shall be in writing and shall be hand-delivered or mailed by certified or registered mail, postage prepaid, or by Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows:
If to USM:
Attention of the President of The University of Southern Mississippi 118 College Drive, #5001 Hattiesburg, MS 39406
If to the USM Research Foundation:
The University of Southern Mississippi Research Foundation 118 College Drive, #5116 Hattiesburg, MS 39406
Notice shall be deemed to have been given upon receipt. Refusal of delivery or undeliverable for any reason shall be deemed receipt. 02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 62 AGENDA REAL ESTATE AND FACILITIES FEBRUARY 20-21, 2008 Page 12 of 27
Section 5.4 Binding Effect. It is mutually understood and specifically agreed
that this Agreement is binding upon the respective heirs, successors, administrators, executors,
and assigns of the parties hereto.
Section 5.5 Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of Mississippi.
Section 5.6 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which taken together shall
constitute one and the same instrument.
Section 5.7 Entire Agreement. This Agreement contains the entire agreement of the parties, and all prior communications, oral or written, are without any force and effect as it is the specific intent of the parties that these Agreements alone set forth the terms on which the parties have mutually agreed. Each party specifically agrees that it enters into this Agreement based on its own understanding of the terms hereof and does not rely, in whole or in part, on any interpretation or representation of the other party. Each party agrees that this Agreement is the result of good faith arms length negotiations.
Section 5.8 Captions and Headings. The captions and headings in this
Agreement are for reference only and shall not be deemed to define or limit the scope or intent of
any of the terms, covenants, conditions or agreements contained herein.
Section 5.9 No Third-Party Beneficiaries. This Agreement is not intended to create nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto, including, without limitation, any lessee, sublessee, tenant or occupant of the Property from time to time.
02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 63 AGENDA REAL ESTATE AND FACILITIES FEBRUARY 20-21, 2008 Page 13 of 27
IN WITNESS WHEREOF, The University of Southern Mississippi and The University of Southern Mississippi Research Foundation have caused this Agreement to be executed on the day and year first above written.
THE UNIVERSITY OF SOUTHERN MISSISSIPPI, A Mississippi Public Institution of Higher Learning
By:______
Name:______
Its:______
THE UNIVERSITY OF SOUTHERN MISSISSIPPI RESEARCH FOUNDATION, A Mississippi Non-Profit Corporation
By:______
Name:______
Its:______
02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 64 AGENDA REAL ESTATE AND FACILITIES FEBRUARY 20-21, 2008 Page 14 of 27
STATE OF MISSISSIPPI
COUNTY OF FORREST
QUITCLAIM DEED
FOR AND IN CONSIDERATION of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable considerations, not herein mentioned, the receipt and sufficiency of all of which is hereby acknowledged, THE UNIVERSITY OF SOUTHERN MISSISSIPPI, a body politic and corporate authorized and existing under the laws of the State of Mississippi, formerly known as
MISSISSIPPI NORMAL COLLEGE and THE BOARD OF TRUSTEES OF STATE
INSTITUTIONS OF HIGHER LEARNING OF THE STATE OF MISSISSIPPI, the Grantors herein, do hereby quitclaim and release unto, THE UNIVERSITY OF SOUTHERN MISSISSIPPI, a body politic and corporate authorized and existing under the laws of the State of Mississippi, all its interest in and to the following described lands, located in Forrest County, Mississippi, and being more particularly described as follows, to-wit:
PARCEL 1:
S ½ of NE ¼ and SE ¼ of Section 35, Township 5 North, Range 14 West as according to the official plat or survey on file in the Office of the Chancery Clerk, Forrest County, Mississippi. Said parcel of property contains 240 acres, more or less.
PARCEL 2:
W ½ of W ½ and SE ¼ of NW ¼ and NE ¼ of SW ¼ of Section 36, Township 5 North, Range 14 West, as according to the official plat or survey on file in the Office of the Chancery Clerk, Forrest County, Mississippi. Said parcel of property contains 240 acres, more or less.
PARCEL 3:
A parcel of land being a part of the Northwest ¼ of the Southeast ¼ and a part of the Northeast ¼ of the Southeast ¼ all in Section 35, Township 5 North, Range 14 West, County of Forrest, State of Mississippi, said parcel of land described as commencing at the Southwest corner of the Southeast ¼ of Section 35, Township 5 North, Range 14 West, Forrest County, Mississippi thence run N00º17’50”E and along the West line of the said Southeast ¼ for 1,318.17 feet to the North line of the said Southeast ¼, thence run S89º31’01”E and along the said North line of the 02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 65 AGENDA REAL ESTATE AND FACILITIES FEBRUARY 20-21, 2008 Page 15 of 27
Southeast ¼ for 1,474.90 feet, thence run North for 45.73 feet to the Point of Beginning, thence run N34º56’11”W for 392.35 feet, thence run N30º31’48”W for 148.62 feet, thence run N49º01’11”E for 151.55 feet, thence run S59º35’44”E for 241.96 feet, thence S40º48’31”E for 302.55 feet, thence run S19º34’08”E for 192.07 feet, thence run S75º40’54”W for 90.36 feet, thence run S88º07’29”W for 106.28 feet to the Point of Beginning comprising 3.74 acres, more or less.
PARCEL 4:
Commence at a 4”x 4” concrete monument at the Southeast corner of the NE ¼ of the NW ¼ of Section 36, Township 5 North, Range 14 West, Forrest County, Mississippi, and run South 89 degrees 09 minutes 27 seconds West for 660.35 feet to a ½ inch rebar and the Point of Beginning continue South 89 degrees 09 minutes 27 seconds West for 660.35 feet to a ¼ inch iron pipe; thence run North 01 degrees 46 minutes 11 seconds West for 1333.93 feet to a 4 inch x 4 inch concrete monument; thence run North 89 degrees 49 minutes 24 seconds East for 665.80 feet to a ½ inch rebar; thence run South 01 degrees 32 minutes 29 seconds East for 1326.12 feet back to the Point of Beginning; said parcel of land is a part of the NE ¼ of the NW ¼ of Section 36, Township 5 North, Range 14 West, Forrest County, Mississippi and contains 20.24 acres, more or less; AND ALSO an easement more particularly described as commencing at a 4 inch x 4 inch concrete monument at the NE corner of the SE ¼ of the NW ¼ of Section 36, Township 5 North, Range 14 West, Forrest County, Mississippi for the Point of Beginning; from the Point of Beginning run South 00 degrees 04 minutes 17 seconds West for 699.86 feet to a ¾ inch iron pipe and the North margin line of the Country Club Paved Public Road; thence run North 78 degrees 01 minutes 33 seconds West on and along said margin line for 40.00 feet to a ½ inch rebar; thence run North 04 degrees 33 minutes 53 seconds East for 142.19 feet to a ½ inch rebar; thence run North 00 degrees 04 minutes 17 seconds West for 489.86 feet to a ½ inch rebar; thence run North 45 degrees 23 minutes 08 seconds West for 44.26 feet to a ½ inch rebar; thence run South 89 degrees 09 minutes 27 seconds West for 640.35 feet to a ½ inch rebar; thence run North 00 degrees 50 minutes 33 seconds West for 28.00 feet to a ½ inch rebar; thence run North 89 degrees 09 minutes 27 seconds East for 700.35 feet back to the Point of Beginning; said parcel of land is a part of the SE ¼ of the NW ¼ of Section 36, Township 5 North, Range 14 West, Forrest County, Mississippi, and contains 0.91 acres, more or less; together with all improvements thereon and appurtenances thereunto belonging.
Subject to any Covenants, Restrictions and easements affecting the subject property which may be of record in the office of the Chancery Clerk of Forrest County.
Subject to prior reservations of oil, gas and other minerals by former owners.
This conveyance is made subject to any and all easements for public roads and public utilities as presently laid out, constructed or in use.
02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 66 AGENDA REAL ESTATE AND FACILITIES FEBRUARY 20-21, 2008 Page 16 of 27
Subject to that certain Street, Drainage and Utility Easement to the City of Hattiesburg dated
November 17, 1998, and filed of record December 22, 1998 in Book 806 at Page 526 in the Office of the
Chancery Clerk of Forrest County, Mississippi. [Subject to Parcel 1, Parcel 2, Parcel 3 and Parcel 4]
Subject to that certain Easement and Right-of-Way Contract to Dixie Pipeline Company dated
June 11, 1962, and filed of record July 23, 1962 in Book 245 at Page 483 in the Office of the Chancery
Clerk of Forrest County, Mississippi. [Subject to Parcel 2]
Subject to that certain Right of Way to Pearl and Leaf Rivers Railroad Company dated February
20, 1904, and filed of record June 23, 1905 in Book V at Page 288 in the Office of the Chancery Clerk of Forrest County, Mississippi and being one and the same as that certain Right of Way filed in Book R at Page 229 in the Office of the Chancery Clerk of Forrest County, Mississippi. [Subject to Parcel 1 and
Parcel 3]
No warranty expressed or inferred is conveyed with this instrument.
WITNESS OUR SIGNATURES on this the _____ day of ______, A.D., 2008.
THE UNIVERSITY OF SOUTHERN MISSISSIPPI, A Mississippi Public Institution of Higher Learning
By: ______PRESIDENT
THE BOARD OF TRUSTEES OF INSTITUTIONS OF HIGHER LEARNING OF THE STATE OF MISSISSIPPI
By: ______PRESIDENT
02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 67 AGENDA REAL ESTATE AND FACILITIES FEBRUARY 20-21, 2008 Page 17 of 27
STATE OF MISSISSIPPI
COUNTY OF FORREST
PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for the said county and state, on this _____ of ______, A.D., 2008, within my jurisdiction, the within named MARTHA D. SAUNDERS, who acknowledged that she is the President of The University of Southern Mississippi and that for and on behalf of said University and as its act and deed, she executed the above and foregoing instrument after first having been duly authorized by said University.
WITNESS MY SIGNATURE AND SEAL, of office on this the _____ day of ______, A.D., 2008.
______NOTARY PUBLIC
MY COMMISSION EXPIRES:
______
STATE OF MISSISSIPPI
COUNTY OF FORREST
PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for the said county and state, on this _____ of ______, A.D., 2008, within my jurisdiction, the within named DR. STACY DAVIDSON, who acknowledged that he is the President of The Board of Trustees of Institutions of Higher Learning of the State of Mississippi and that for and on behalf of said Board of Trustees and as its act and deed, he executed the above and foregoing instrument after first having been duly authorized by said Board of Trustees of Institutions of Higher Learning of the State of Mississippi.
WITNESS MY SIGNATURE AND SEAL, of office on this the _____ day of ______, A.D., 2008.
______NOTARY PUBLIC
MY COMMISSION EXPIRES:
______
02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 68 AGENDA REAL ESTATE AND FACILITIES FEBRUARY 20-21, 2008 Page 18 of 27
INDEXING INSTRUCTIONS: S ½ of NE ¼ and SE ¼ of Section 35, Township 5 North, Range 14 West; W ½ of W ½ and SE ¼ of NW ¼ and NE ¼ of SW ¼ of Section 36, Township 5 North, Range 14 West; NW ¼ of the SE ¼ and a part of the NE ¼ of the SE ¼ of Section 35, Township 5 North, Range 14 West; and SE ¼ of the NW ¼ of Section 36, Township 5 North, Range 14 West, all located in Forrest County, Mississippi
GRANTOR'S ADDRESS: GRANTEE'S ADDRESS: 118 College Drive 118 College Drive Hattiesburg, MS 39406 Hattiesburg, MS 39406 Telephone: ______Telephone: (601) 266-5001
Prepared By:
JAY RODGERS, ESQUIRE Perry W. Phillips, PLLC 33 Batson Street Hattiesburg, MS 39401 Telephone: 601.582.4244 Facsimile: 601.582.4282
J:\Deeds\Quitclaim Deed\USM-QCD
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EXHIBIT “A”
PARCEL 1:
S ½ of NE ¼ and SE ¼ of Section 35, Township 5 North, Range 14 West as according to the official plat or survey on file in the Office of the Chancery Clerk, Forrest County, Mississippi. Said parcel of property contains 240 acres, more or less.
PARCEL 2:
W ½ of W ½ and SE ¼ of NW ¼ and NE ¼ of SW ¼ of Section 36, Township 5 North, Range 14 West, as according to the official plat or survey on file in the Office of the Chancery Clerk, Forrest County, Mississippi. Said parcel of property contains 240 acres, more or less.
PARCEL 3:
A parcel of land being a part of the Northwest ¼ of the Southeast ¼ and a part of the Northeast ¼ of the Southeast ¼ all in Section 35, Township 5 North, Range 14 West, County of Forrest, State of Mississippi, said parcel of land described as commencing at the Southwest corner of the Southeast ¼ of Section 35, Township 5 North, Range 14 West, Forrest County, Mississippi thence run N00º17’50”E and along the West line of the said Southeast ¼ for 1,318.17 feet to the North line of the said Southeast ¼, thence run S89º31’01”E and along the said North line of the Southeast ¼ for 1,474.90 feet, thence run North for 45.73 feet to the Point of Beginning, thence run N34º56’11”W for 392.35 feet, thence run N30º31’48”W for 148.62 feet, thence run N49º01’11”E for 151.55 feet, thence run S59º35’44”E for 241.96 feet, thence S40º48’31”E for 302.55 feet, thence run S19º34’08”E for 192.07 feet, thence run S75º40’54”W for 90.36 feet, thence run S88º07’29”W for 106.28 feet to the Point of Beginning comprising 3.74 acres, more or less.
PARCEL 4:
Commence at a 4”x 4” concrete monument at the Southeast corner of the NE ¼ of the NW ¼ of Section 36, Township 5 North, Range 14 West, Forrest County, Mississippi, and run South 89 degrees 09 minutes 27 seconds West for 660.35 feet to a ½ inch rebar and the Point of Beginning continue South 89 degrees 09 minutes 27 seconds West for 660.35 feet to a ¼ inch iron pipe; thence run North 01 degrees 46 minutes 11 seconds West for 1333.93 feet to a 4 inch x 4 inch concrete monument; thence run North 89 degrees 49 minutes 24 seconds East for 665.80 feet to a ½ inch rebar; thence run South 01 degrees 32 minutes 29 seconds East for 1326.12 feet back to the Point of 02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 70 AGENDA REAL ESTATE AND FACILITIES FEBRUARY 20-21, 2008 Page 20 of 27
Beginning; said parcel of land is a part of the NE ¼ of the NW ¼ of Section 36, Township 5 North, Range 14 West, Forrest County, Mississippi and contains 20.24 acres, more or less; AND ALSO an easement more particularly described as commencing at a 4 inch x 4 inch concrete monument at the NE corner of the SE ¼ of the NW ¼ of Section 36, Township 5 North, Range 14 West, Forrest County, Mississippi for the Point of Beginning; from the Point of Beginning run South 00 degrees 04 minutes 17 seconds West for 699.86 feet to a ¾ inch iron pipe and the North margin line of the Country Club Paved Public Road; thence run North 78 degrees 01 minutes 33 seconds West on and along said margin line for 40.00 feet to a ½ inch rebar; thence run North 04 degrees 33 minutes 53 seconds East for 142.19 feet to a ½ inch rebar; thence run North 00 degrees 04 minutes 17 seconds West for 489.86 feet to a ½ inch rebar; thence run North 45 degrees 23 minutes 08 seconds West for 44.26 feet to a ½ inch rebar; thence run South 89 degrees 09 minutes 27 seconds West for 640.35 feet to a ½ inch rebar; thence run North 00 degrees 50 minutes 33 seconds West for 28.00 feet to a ½ inch rebar; thence run North 89 degrees 09 minutes 27 seconds East for 700.35 feet back to the Point of Beginning; said parcel of land is a part of the SE ¼ of the NW ¼ of Section 36, Township 5 North, Range 14 West, Forrest County, Mississippi, and contains 0.91 acres, more or less; together with all improvements thereon and appurtenances thereunto belonging.
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15. UM – Revisions to the IHL Approved ’08 Capitol Needs Requests
The University of Mississippi requests approval to revise their Capitol Needs Requests as follows:
A. IHL Priority #11: Substitute additional funding for Coulter Hall Renovation (GS 107-286) for Scruggs Music Hall Renovation at $3,500,000. Note: The amount of the request has not changed.
B. Substitute the pre-planning of Emergency Services for the pre-planning of Peabody Hall at $500,000. Note: The amount of the request has not changed. The pre-planning of Peabody Hall is currently listed as one of three pre-planning projects on the Board approved Facilities Needs Requests.
16. UM – IHL 207-294, Residential Colleges
As per Board Policy 904(A) Board Approval, the University of Mississippi request approval of the exterior design for the Residential Colleges. A copy of the rendering for this project is attached herein. The project budget is $46,500,000 from self-generated funds.
STAFF RECOMMENDATION: Board staff recommends approval of Items 13-16.
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17. SYSTEM ADMINISTRATION: Real Estate and Facilities Items Approved Subsequent to the January 17, 2008 Board Meeting (Information Only)
Alcorn State University
The Board staff approved the design development documents for GS 101-246, Rowan Hall-Close Out, the request to make all outstanding payments and the request to close the current contracts. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The documents have been reviewed and approved by the Grantee, the National Park Service.
The Board staff approved Change Order #1 for GS 101-255, Fine Arts Renovation, in the amount of $105,125.42 with an additional 55 days to the contract of Flagstar Construction Company, Inc. Approval was requested from the Bureau of Buildings, Grounds and Real Property Management. Additional work was required to move an existing 4” gas line and an existing storm drain discovered during the foundation excavation. Funding is available from the Ayers Fund.
The Board staff approved Change Order #2 for GS 101-255, Fine Arts Renovation, in the amount of $26,474 to install a pad mounted electrical transformer, to relocate an electrical utility line and to instigate electrical primary service. Approval was requested from the Bureau of Building, Grounds and Real Property Management. Funding is available from the Ayers Fund.
Delta State University
The Board staff approved Change Order #1 for GS 102-213, Delta Music Institute, in the amount of $14,318.85 with an additional 27 days to the contract of David Smith Construction. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The work was necessary due to revisions on various existing site conditions. The total project budget is $1,522,000. Funds are available from a DSU grant, SB 2010, Laws of 2004; HB 246, Laws of 2007; and HB 1634, Laws of 2006.
Jackson State University
The Board staff approved the schematic design documents for GS 103-219, Johnson/Dansby Hall Replacement, and requested approval by the Bureau of Building, Grounds and Real Property Management. The total project budget is $11,750,000. Funds are available from SB 2010, Laws of 2004, and HB 246, Laws of 2007.
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Mississippi State University
The Board staff approved Change Order #4 for GS 113-102, AG/Bio Engineering Building, for a credit in the amount of $1,979. The change order is for boxes covering the sprinkler line valves, the exterior concrete sign, lowering a set of cabinets, mixing valve at a lab sink and additional fire alarm devices added in the attic. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $9,690,435.25. Funds are available from SB 2988, Laws of 2003, and SB 2010, Laws of 2004.
The Board staff approved Change Order #6 for IHL 205-207C, New Residence Hall Complex, to adjust the final contract amount for credits totaling $199,735. The change order is for exterior doors, punch list completion, door frames, cast stone, corridor floors and hardware allowance, as agreed upon by Inman Construction Company and the university. The project budget is $16,100,000. Funding is provided by MSU EBC funds.
The Board staff approved the appointment of Peter Rook, P.E., as project professional for IHL 205-222 during the construction period and Weatherford McDade, Ltd. will continue as design professionals. Mr. Rook is the staff engineer for the university and will not receive payment for work performed on this project.
The Board staff approved the design development documents for IHL 213-136, Building 1533 (R&R Stoneville, MS), as prepared by Mills & Mills Architects. The project budget is $990,000. Funds are provided through MAFES self-generated sources.
Mississippi University for Women
The Board staff approved the post bid addendum for IHL 204-118, Fine Arts Building, in the amount of $3,457,564.84 as proposed by West Brothers Construction. Funds are provided through the Federal Emergency Management Agency and Mississippi Emergency Management Agency.
Mississippi Valley State University
The Board Staff approved Change Order #2 for GS 106-198, Science and Technology Center, in the amount of $9,684 with an additional 57 days to the contract of Frazier Construction Company, Inc. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The change order is to add required plumbing to Air Quality Lab, to add five condensation floor drains and associated piping, to add a drain pipe to the mop sink in the janitor closet, to deduct a credit amount of the mechanical controls allowance, to delete a sewer line and one manhole, to cut and patch a driveway, to delete the water meter and to change to tankless water heaters. The project budget is $15,010,786.88. Funds are provided through EBC Revenue Bonds Account Project Contingency.
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The Board staff approved Change Order #2 for IHL 206-019, New Men’s & Women’s Residence Halls, in the amount of $65,627.69 for the following items: Women’s Dorm: addition of a new structural steel beam on the back porch and a fiber optic bore, core drilling for added CCTV and door contacts, flush valve water closets, and zoning valves. Men’s Dorm: addition of steel supports to partition walls behind information desks, rework of shelf angle at the front porch and a fiber optic bore, core drilling for added CCTV and door contacts, flush valve water closets, and zoning valves. The total project budget is $12,284,555.80. Funding is available from EBC Revenue Bonds Account Project Contingency.
The Board staff approved Change Order #1 for IHL 206-022, Campus Security, Phase II, in the amount of $6,300 with an additional fifteen (15) days to the contract of Robinson Electric for the installation of additional devices to monitor the existing sprinkler riser and pre-action system for University Hall. The total project budget is $501,272.55. Funding is available from EBC Revenue Bonds Account Project Contingency.
The Board staff approved Change Order #2 for IHL 206-022, Campus Security, Phase II in the amount of $97,771.20 with an additional forty-five (45) days to the contract of Robinson Electric for the installation of additional devices to monitor the Administrative Annex I Building. The project budget is $606,689.04. Funding is available from EBC Revenue Bonds Account Project Contingency.
University of Mississippi
The Board staff approved Change Order #1 for GS 107-277, Old Chemistry Renovations, in the amount of $16,178.99. The change order is to prepare, patch and fill an uneven floor in new toilet areas in the basement and floors one through three, to remove headwall and fifty-two (52) feet of associated piping and to add new UG piping and inlet structure. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The project budget is $4,000,000. Funds are available from SB 2010, Laws of 2004.
The Board staff approved Change Order #6 for GS 107-279, Bishop Hall, for the extension of contract time to thirty-two (32) days for a completion date of January 31, 2008. The budget is $3,179,655.27. Funds are available from SB 2010, Laws of 2004, and SB 3197, Laws of 2002.
The Board staff approved the schematic design phase for GS 107-286, Coulter Hall Renovations, and requested approval from the Bureau of Building, Grounds and Real Property Management. The project budget is $3,000,000. Funds are available from HB 1634, Laws of 2006.
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The Board staff approved the schematic design documents for IHL 207-258, Pre-Plan New Law Center. The project budget is $50,000,000. Funds are available from HB 246, Laws of 2007, and university self-generated sources.
The Board staff approved the award of a contract for IHL 207-269, Old Taylor Road Parking Lot, to M&N Excavators of Oxford, MS, the lower of five (5) bidders, in the base bid amount of $394,265 plus alternate #1 in the amount of $50,417 for a total bid of $444,682 for parking lot improvements. The project budget is $500,000. Funds are available from self-generated sources.
The Board staff approved the schematic design documents for GS 107-291, Guyton Hall Renovations, and requested approval from the Bureau of Building, Grounds and Real Property Management. The project budget is $3,000,000. Funds are available from HB 246, Laws of 2007.
The Board staff concurred with the university’s request to transfer matching funds to the University of Mississippi to be administered by their staff for the purpose of planning and constructing the New Law School, GS 107-293. Approval was requested from the Bureau of Building, Grounds and Real Property Management.
University of Mississippi Medical Center
The Board staff approved the award of a contract for GS 109-193, Chiller #2 and Tower #2 Replacements, to Tri-Star Mechanical Contractors, Inc., the lower of eight (8) bidders, in the amount of $1,943,000. Approval was requested from the Bureau of Building, Grounds and Real Property Management. The total project budget is $2,580,000. Funds are available from SB 2110, Laws of 2004, in the amount of $1,980,000 and UMMC self- generated funds in the amount of $600,000.
The Board staff approved Change Order #3 for IHL 209-497, Pavilion MRI Addition, in the amount of $4,804 to furnish and install gas service to vendor furnished HVAC (heat pump) units which is a supplemental heat that is required of these units to adequately maintain interior building temperatures. These units were part of a separate modular building installation and the requirement for gas service was not included in the original construction contract documents. The project budget is $625,000. Funds are available from self-generated sources.
The Board staff approved the design development documents for IHL 209-501, School of Dentistry Renovations 2007, as prepared by JBHM, P.A., design professional. The project budget is $270,000. Funds are available through self-generated sources.
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The Board staff approved the award of a contract for IHL 209-502, Firewall Renovation, Phase III to Sunbelt General Contractors, the only bidder for this project, in the amount of $292,800. The project budget is $350,000. Funds are available from UMMC self- generated sources.
The Board staff approves the schematic design documents for IHL 209-504, Cath Lab S027 and Pavilion Cath Lab Renovations, as prepared by Barlow Eddy Jenkins, design professionals. The project will be developed as two separate bid packages with design and bid on Contract I to occur as soon as possible, which are renovations to the existing Cath Room S027. Contract II will be the Pavilion Cath Renovations. The project budget is $1,067,239. Funds are available from self-generated sources.
The University of Southern Mississippi
The Board staff approved Change Order #7 for IHL 208-258, MM Roberts Stadium Expansion and Renovation, for a credit in the amount of $41,913.20 for the deletion of the outdoor television supports, the difference of the Camatic Stadium seating and the Irwin Stadium seating standard color. The project budget is $32,171,670.38. Funds are available in the project budget from the USM Athletic Foundation.
The Board staff approved Change Order #8 for IHL 208-258, MM Roberts Stadium Expansion and Renovation in the amount of $266,602.92 for the addition of an elevator originally placed as an alternate, the addition of an elevator control room (which had to be originally removed and then relocated) and the elimination of surface mounted closers on the suites. The project budget is $32,171,670.38. Funds are available in the project budget from the USM Athletic Foundation.
The Board staff approved Change Order #9 for IHL 208-258, MM Roberts Stadium Expansion and Renovation, in the amount of $7,722.14 for added drainage to change grades at the west end of the building near gate six. The project budget is $32,171,670.38. Funds are available in the project budget from the USM Athletic Foundation.
The Board staff approved Change Order #2 for IHL 208-282, Renovation of President’s Home, in the amount of $3,999.99 with no change to the contract time. The change order will replace brick pavers between the front and the driveway with exposed aggregate concrete with border of brick pavers to match new ramp. The project budget is $300,000. Funds are available from university sources.
The Board staff approved the award of a contract for IHL 210-234 and IHL 210-235, Aquaculture Visitor’s Center, Phase III to Dan Henserling Construction, the lower of four (4) bidders, in the amount of $2,918,000. Construction time is indicated as 395 days after notice to proceed. This project is combined under one construction contract. The total combined budget is $3,200,000. Funds are available from university funds, (Grant GS2597) and from NOAA Grant (GR02439). 02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 78 AGENDA GOVERNANCE February 20-21, 2008 Page 1 of 4
1. SYSTEM ADMINISTRATION – DISCUSSION AND REQUEST FOR APPROVAL FOR FIRST READING OF PROPOSED AMENDMENTS TO BOARD POLICY 301.0806 UNIVERSITY FOUNDATION/AFFILIATED ENTITY ACTIVITIES
The following proposed changes to Board Policy 301.0806 reflect the Commissioner’s recommended changes to this policy in response to PEER’s investigation into the oversight of university-affiliated foundations and in response to PEER’s subsequent recommendations within PEER Report #500. Additional proposed changes reflect language tailored to better represent the desired relationship between the universities and their affiliated entities.
301.0806 UNIVERSITY FOUNDATION/AFFILIATED ENTITY ACTIVITIES
Purpose of Foundations and Similar University Affiliated Entities:
The requirements of this policy are to apply to all university development foundations, research foundations, athletic foundations, alumni associations and all other similar entities affiliated with any of our eight state universities. The Board of Trustees recognizes the role university foundations and other similar affiliated entities throughout the nation have in providing additional financial support for their institutions so they can achieve a level of excellence not possible through state funding and tuition alone. The Board of Trustees recognizes and appreciates the contributions made to higher education by such foundations and similar entities affiliated with the institutions of The Mississippi State Institutions of Higher Learning, and that their goal is not to replace necessary support from the state. The Board of Trustees acknowledges that the private, independent nature of foundations and similar affiliated entities provides flexibility to the institutions of The Mississippi State Institutions of Higher Learning in fiscal management and responsiveness.
The purpose of foundations and other entities affiliated with institutions of the Mississippi State Institutions of Higher Learning is to engage in raising funds and/or other activities consistent with the mission and priorities of the institutions as determined by the Institutional Executive Officers. These entities are expected to have mission statements relevant to this purpose and to adopt policies, plans, and budgets to achieve their missions. If authorized by the Institutional Executive Officer, E each institutionally affiliated entity is authorized to accept gifts, restricted and unrestricted, on behalf of that institution. The institution agrees, through its chief executive officer, to keep the foundation/affiliated entity apprised of its needs and priorities; the foundation/affiliated entity agrees to consider and communicate to the institution its ability and plans to fund those needs and priorities and accept or solicit gifts that are consistent with the
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institution's mission, goals, or objectives and to manage those funds in a fiscally sound and prudent manner.
Public Confidence:
The Board of Trustees recognizes it cannot and should not have direct control over institutionally affiliated foundations/entities. These foundations/affiliated entities must be governed separately to protect their private, independent status. However, because the Board of Trustees is responsible for ensuring the integrity and reputation of the university system and its institutions and programs, it must be assured that any affiliated entity/foundation will adhere to ethical standards appropriate to such organizations in order to assure the public that it is conducting its mission with honesty and integrity and in harmony with the mission of the university.
Therefore, each Institutional Executive Officer should ensure that the university development foundations, research foundations, athletic foundations, alumni associations and any other similarly affiliated entities ascribe to the following requirements in order to enhance public confidence in the foundation/entity:
• Compliance with state and federal law applicable to such organizations; • Maintenance of financial and accounting records in accordance with Generally Accepted Accounting Principles. These records shall be audited annually by a Certified Public Accounting firm and the records shall be maintained separately from the records of the affiliated institution; • Submission of the annual audited financial statements by each November 1 [to allow compliance with Governmental Accounting Standards Board (GASB) 39] along with a list of foundation/entity officers, directors, or trustees, through their institution’s chief executive officer, to the Commissioner of Higher Education; • Submission to the Board of Trustees of an annual report providing a detailed list of supplemental compensation which was submitted to the university for the purpose of providing additional compensation provided to administrators, faculty, athletic staff, and other employees; • No form of compensation may be paid or provided to an Institutional Executive Officer by any university foundation or affiliated entity without prior approval of the Board of Trustees of State Institutions of Higher Learning. The request for approval shall come through the Commissioner to the IHL Board; and • Encourage formal communications between members of the Board of Trustees and directors of the various foundations/entities, to include periodic meetings between Board members, the Chief Executive Officer of the
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foundations'/entities’ Board of Directors, the Commissioner and the Institutional Executive Officers. ; and • See requirements within this policy for operating agreements.
The relationship between the institutions of The Mississippi State Institutions of Higher Learning and the foundations/entities supporting those institutions must be based on a recognition of and respect for the private and independent nature of the foundations/entities. Transactions between an institution and its foundation/affiliated entity must be consistent with the foundation's/affiliated entity’s mission to assist and benefit the institution and must also be consistent with the institution's obligation to hold, manage, and use public property and resources to benefit the public interest. To ensure that the relationship is clearly defined, each institution shall consummate a formal written operating agreement with its affiliated foundations/entities. Therefore, each university must enter into an operating agreement with its development foundation(s), research foundation(s), athletic foundation(s), alumni association(s) and any other similar university affiliated entities. To ensure the independence of the affiliated entities, no employee of The Mississippi State Institutions of Higher Learning shall hold a voting position on an institutionally affiliated entity board. The Board of Trustees may allow exceptions to this restriction if needed to comply with NCAA requirements or other purposes. Senior administrators of the institution should only participate on the affiliated entity’s board in an ex-officio capacity.
Operating Agreement:
Each institution of The Mississippi State Institutions of Higher Learning and their development foundations, research foundations, athletic foundations, alumni associations and any other similar affiliated entities shall enter into a public, written operating agreement that outlines the relationship between the two entities. This agreement shall be reviewed for approval by the Board of Trustees at least every five (5) years, or whenever the operating agreement is changed, and include:
• The services and benefits the institution and affiliated entity provide each other and any payments made, including whether institutional assets are managed by the affiliated entity; • How gifts, grants, and endowments are accepted and accounted for; • That gifts made to an institution of The Mississippi State Institutions of Higher Learning be accounted for and ownership maintained by that institution; that gifts made to an institutionally affiliated entity be accounted for and ownership maintained by that entity;
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• That the affiliated entity has a conflict-of-interest policy and that such policy must comply with all requirements of Miss. Code Ann., §79-11-269 (1972), as amended, entitled “Conflict of Interest Transaction”; • That no form of additional compensation for an Institutional Executive Officer will be underwritten or increased by an affiliated foundation/entity without prior approval of the Board of Trustees of State Institutions of Higher Learning. The request for approval shall come through the Commissioner to the IHL Board. As to other university employees, no form of additional compensation may be provided or paid by an affiliated foundation/entity without prior approval by the Institutional Executive Officer. All such approvals by the Institutional Executive Officer must be reported to the Board of Trustees at its next official meeting.; • That institutional input will be sought from the Institutional Executive Officer before defining the major needs and priorities for foundation/affiliated entity consideration; and • That the foundation/affiliated entity agrees to permit periodic contract compliance reviews of the affiliation/operating agreement by appropriate staff of the Board of Trustees of State Institutions of Higher Learning (Board staff) to ensure compliance with the provisions of the agreement. However, Board staff shall be prohibited from examining donor records of the affiliated entity in conducting compliance reviews; and • That other requirements stated or implied by this policy have been followed.
Board of Trustees’ Authority:
As provided in Miss. Const. Art. 8, Section 213-A, the Board of Trustees has authority over the institutions of The Mississippi State Institutions of Higher Learning. Under such authority, the Board of Trustees has responsibility for ensuring the public interest is served by any individual or organization established to support an institution of The Mississippi State Institutions of Higher Learning. While the Board of Trustees cannot control or direct individuals or private organizations, it has the full authority to control the activities of its agents and agencies in their relationships with such individuals or organizations. Such control extends to the regulation of participation in those organizations and the use of a name, logo, or other insignia identified with the institutions of The Mississippi State Institutions of Higher Learning.
STAFF RECOMMENDATION: Board staff recommends approval of this item.
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1. MUW – APPROVAL TO HIRE OUTSIDE COUNSEL
Mississippi University for Women requests permission to enter into a contract with the firm of David Ware & Associates, L.L.C., located in Jackson, MS, Metairie and Baton Rouge, LA, and Pensacola, FL, to provide services necessary in preparing labor certification applications on behalf of the university for its employees who seek permanent residence status. This contractual agreement is necessary due to amendments by the US Department of Labor to the permanent labor certification regulations, specifically: The employers are required to pay the cost of preparing, filing, and obtaining certification, and prohibits an employer from transferring those costs to the beneficiary. This includes a prohibition on an alien paying the employer’s attorney fees. The rule does allow an alien to pay his or her own personal costs incurred in connection with a labor certification, including attorney fees for personal legal representation, but where the same attorney represents both the alien and the employer, the costs must be borne by the employer. The term of the contractual agreement will be for one (1) year, for a maximum amount payable of $10,000 during the contractual term.
STAFF RECOMMENDATION: Approval from the Attorney General’s Office is pending. Board staff recommends approval of this item.
2. USM – APPROVAL TO HIRE OUTSIDE COUNSEL
The university requests approval to retain Jay Rodgers, Attorney at Law, at a rate of $125 per hour to assist university counsel with real property matters related to a Development Agreement between The University of Southern Mississippi and The University of Southern Mississippi Research Foundation located on the Real Estate and Facilities Agenda. The maximum amount budgeted for this fiscal year is $10,000. University funds are available for this service.
STAFF RECOMMENDATION: Approval from the Attorney General’s Office is pending. Board staff recommends approval of this item.
3. SYSTEM ADMINISTRATION – REPORT OF PAYMENTS TO OUTSIDE COUNSEL (INFORMATION ITEM)
Legal fees approved for payment to outside counsel in relation to litigation and other matters:
Payment of legal fees for professional services rendered by Phelps Dunbar (Statements dated 11/30/07 and 12/27/07) from the funds of Mississippi State University. (These
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statements in the amounts of $2,700.63 and $394.48, respectively, represent services and expenses in connection with the case styled Charlie F. Wade v. MS Cooperative Extension Service.)
TOTAL DUE………………………. ……..…….…………$ 3,095.11
Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (Statement dated 11/9/07) from the funds of the University of Mississippi. (This statement represents services and expenses in connection with the case styled Durham v. MSCI.)
TOTAL DUE……………………………….…….………………$ 690.17
Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (Statements dated 11/16/07, 11/16/07, 12/17/07 and 12/17/07) from the funds of the University of Mississippi Medical Center. (These statements in the amounts of $20,058.10; $8,514.00; $5,267.50 and $8,319.70 represent services and expenses in connection with Gen. Rep. of the Med. School and Facility Practice Plan, General Advice, General Advice and Gen. Rep. of the Med. School and Facility Practice Plan, respectively.)
TOTAL DUE……………………………….…….………………$ 42,159.30
Payment of legal fees for professional services rendered by Phelps Dunbar (Statements dated 11/29/07 and 12/31/07) from the funds of the University of Mississippi Medical Center. (These statements in the amounts of $755.74 and $1,554.53, respectively, represent services and expenses in connection with DSH Litigation.)
TOTAL DUE……………………………….…….………………$ 2,310.27
Payment of legal fees for professional services rendered by Phelps Dunbar (Statement dated 11/28/07) from the funds of the University of Mississippi Medical Center. (This statement represents services and expenses in connection with Dean and Dean Assoc.)
TOTAL DUE……………………………….…….………………$ 1,230.41
Payment of legal fees for professional services rendered by Page, Mannino, Peresich & McDermott (Statements dated 11/12/07 and 9/18/07) from the funds of the University of Mississippi Medical Center. (These statements in the amounts of $1,099.42 and $1,545.00 represent services and expenses in connection with Life Partners, Inc. & Sterling Trust Co. and Elaine Seid, respectively.)
TOTAL DUE……………………………….…….………………$ 2,644.42
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Payment of legal fees for professional services rendered by Perry Watkins Krutz & Tardy (Statements dated 12/4/07, 12/4/07, 12/4/07, 12/11/07, 12/11/07, 12/11/07 and 12/11/07) from the funds of the University of Mississippi Medical Center. (These statements in the amounts of $975.00; $3,594.15; $3,399.51; $8,772.75; $3,435.69; $3,810.45 and $810.00 represent services and expenses in connection with McGarry, Blake, Hudson, Flowers, Seid, Porter and Beason, respectively.)
TOTAL DUE……………………………….…….………………$ 24,797.55
Payment of legal fees for professional services rendered by Adams & Reese (Statements dated 11/26/07 and 12/7/07) from the funds of the University of Southern Mississippi. (These statements in the amounts of $1,351.36 and $1,155.00, respectively, represent services and expenses in connection with personnel issues.)
TOTAL DUE……………………………….…….………………$ 2,506.36
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 11/27/07) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Compact Time-of-Flight Mass Spectrometer – CA” – $296.48; “Method to Control Regulation of Flowering in Poplar Trees” - $112.50; “Organic Wood Preservatives [Non-Leachable]” - $74.99; “Termite Treatment Technology” - $51.98 and “Compact Time-of-Flight Mass Spectrometer” - $187.00.)
TOTAL DUE……………………..…………….………………$ 722.95
Payment of legal fees for professional services rendered by DLA Piper US (Statements dated 11/16/07, 11/20/07 and 11/27/07) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Production of Biodiesel and Other Valuable Chemicals from Waste Water Treatment Plant Sludges” – $475.00; “Vehicle Location and Performance Tracking System Using Wireless Communications” - $250.20 and “Self-Aligned Transistor and Diode Topologies” - $3,555.00.)
TOTAL DUE……………………………….…………………. $ 4,280.20
Payment of legal fees for professional services rendered by Larry Schemmel in the Attorney General’s Office (Statements dated 11/14/07, 11/14/07, 11/14/07, 11/15/07, 11/15/07, 11/15/07, 11/16/07, 11/16/07, 11/16/07 and 11/16/07) from the funds of Mississippi State University. (These statements represent services and expenses in
02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 85 AGENDA LEGAL February 20-21, 2008 Page 4 of 20
connection with the following patents: “Molecular Protein Markers for Sire Fertility” – $490.00; “Self-Aligned Methods Based on Low-Temperature Selective Epitaxial” - $2,471.25; “Method for Protein Purification and Recovery from Electrophoresis Gel” - $490.00; “Wood Composite Binder Resins” - $471.25; “System for Stabilizing Gas Hydrates at Low Pressures” - $311.25; “Enhanced Football Helmet Facemask Removing Device” - $146.25; “Self-Aligned Methods Based on Low-Temperature Selective Epitaxial Growth for Fabricating Silicon Carbide Devices” - $2,326.00; “Known Herbicide and Adjuvant Combination – Trademark” - $162.50; “Greenmobile – Trademark” - $48.75 and “MSUTURF.com – Website Domain Name” - $9.15.)
TOTAL DUE……………………………………………… $ 6,926.40
Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (Statements dated 11/9/07) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “Animal Model for Anxiety and Depression” – $45.00 and “Animal Model for Anxiety and Depression” - $212.50.)
TOTAL DUE……………………………………………… $ 257.50
Payment of legal fees for professional services rendered by Stites & Harbison (Statements dated 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 8/27/07, 9/18/07, 9/18/07, 9/18/07, 9/18/07, 9/18/07, 9/18/07, 9/18/07, 9/18/07, 9/18/07, 9/18/07, 9/18/07, 10/30/07, 10/30/07, 10/30/07, 10/30/07, 10/30/07, 10/30/07, 10/30/07, 10/30/07, 10/30/07, 10/30/07, 10/30/07, 10/30/07, 10/30/07, 10/30/07 and 10/30/07) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “Repka Patent Maintenance” - $816.00; “Compositions Comprising Highly Purified Amphotericin B – CA” - $211.50; “Compositions Comprising Highly Purified Amphotericin B – MX” - $142.50; “Method for Detecting Buried Objects by Measuring Seismic Vibrations Induced by Acoustical Coupling with a Remote Source of Sound” - $46.00; “Miscellaneous IP Matters” - $1,368.00; “Corrugated and Ported Prism Engine Nozzel for Reduction of Supersonic Jet Exhaust Noise” - $3,326.32; “Diterpenes as Selective Kappa Oploid Receptor Agonists” - $718.50; “Multimodal Plate Acoustic Wave Devices” - $34.50; “Delivery of Medicaments to the Nail” - $103.00; “Novel Cyclopentenedione Antifungal Compounds and Methods for Their Use” - $175.44; “Saururus Cernuus Compounds that Inhibit Cellular Responses to Hypoxia – CA” $335.77; “Saururus Cernuus Compounds that Inhibit Cellular Responses to Hypoxia – EP” - $894.10; “Saururus Cernuus Compounds that Inhibit Cellular Responses to Hypoxia – JP” - $2,122.75; “Acoustic Instruments for Use in Aquaculture” - $22.00; “Spherical Pellet Production” - $570.50; “Use of IL-2 Receptor Antibodies” - $1,557.68”; “Compositions Comprising Highly Purified Amphotericin B – JP” - $44.50;
02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 86 AGENDA LEGAL February 20-21, 2008 Page 5 of 20
“Compositions Comprising Highly Purified Amphotericin B – EP” - $2,398.24; “Novel Cyclopentenedione Antifungal Compounds and Methods for Their Use – MX” - $0.00; “Thermoacoustic Refrigeration Device and Method” - $150.00; “Methods for Detecting Vibration and Sounds Signatures of Human Footsteps” - $273.00; “Cembranoids/Chemopreventive” - $973.12; “Saururus Cernuus Compounds that Inhibit Cellular Responses to Hypoxia” - $606.76; “Corrugated and Ported Prism Engine Nozzel for Reduction of Supersonic Jet Exhaust Noise” - $87.60; “Compositions Comprising Highly Purified Amphotericin B – EP” - $95.56; “Compositions Comprising Highly Purified Amphotericin B –MX” - $256.50; “Novel Cyclopentenedione Antifungal Compounds and Methods for Their Use” - $85.50; “Saururus Cernuus Compounds that Inhibit Cellular Responses to Hypoxia – AU” - $218.00; “Thermoacoustic Refrigeration Device and Method” - $450.00; “Miscellaneous IP Matters” - $16.07; “Marine Compound Inhibiting Cellular Responses to Hypoxia” - $927.50; “Medicaments to Nail & Perionychiu” - $1,335.02; “Amphotericin BHP” - $3,135.00; “Novel Antigiardial Agents” - $388.00; “Medicaments to Nail & Perionychiu” - $288.50; “Saururus Cernuus Compounds that Inhibit Cellular Responses to Hypoxia” - $885.26; “Corrugated and Ported Prism Engine Nozzel for Reduction of Supersonic Jet Exhaust Noise” - $383.18; “Use of IL-2 Receptor Antibodies” - $114.00; “Delivery of Medicaments to the Nail” - $23.00; “Novel Cyclopentenedione Antifungal Compounds and Methods for Their Use” - $34.50; “Method and Device for Reducing Engine Noise – CA” - $103.50; “Method and Device for Reducing Engine Noise – EP” - $103.50; “Acoustic Instruments for Use in Aquaculture” - $513.00; “Multimodal Plate Acoustic Wave Devices” - $6,026.00; “Compositions Comprising Highly Purified Amphotericin B – EP” - $150.00; “Compositions Comprising Highly Purified Amphotericin B – CA” - $150.00 and “Solubilization & Disposal of Radioactive Scale & Sludge” - $1,854.96.)
TOTAL DUE……………………….…….……………… $ 34,514.33
02/18/2008 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 6 of 20
4. SYSTEM ADMINISTRATION – THE QUARTERLY LITIGATION EXPENSE REPORT RELATING TO THE IHL TORT PLAN (INFORMATION ONLY)
IHL Self-Insured Tort Claims Plan Itemization of Legal Expense Paid During Fiscal Year 2008 7/1/2007–9/30/07
Claimant Institution Date of Open / Claim # Defense Firm Legal $ Paid Legal $ Paid Loss Closed (1) Fiscal Yr 2008 Total
ALUMNAE ASSN. MUW 1/9/07 O 207-590 EL Mayo Mallette 51,110.30 69,522.43 CAL MAYO
BROADHEAD, S USM 6/25/04 O 205-216 Bryan Nelson 6,584.55 39,673.70 RICK NORTON
BROOKTER, R USM 10/1/03 O 203-2034 Bryan Nelson 2,918.13 16,964.55 RICK NORTON
COX, L MVSU 10/2/02 C 203-242 Upshaw, Williams, Biggers, 0 2,897.50 Beckham & Riddick F. EWIN HENSON Purdie & Metz 102.25 16,327.43 JIM METZ
DRAKE, H ASU 10/3/05 O 206-539 Truly, Smith &Latham 1,028.70 1,028.70 ROBERT LATHAM
ERVIN, T MUW 4/1/06 O 206-907 EL Mayo Mallette 516.00 25,318.84 CAL MAYO 02/18/2008
87 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 7 of 20
EUMONT, V USM 9/16/99 O 200-1292 EL Pigott Reeves Johnson 2,517.00 2,517.00 CARLTON REEVES
FORD, M USM 6/26/00 C 201-1182 EL Pigott Reeves Johnson 6,034.20 7,130.20 CARLTON REEVES
GILES, F JSU 3/1/04 O 205-995 EL Pigott Reeves Johnson 2,187.50 14,099.99 CARLTON REEVES Markow Walker 0 633.00 STEVEN CRAIG MOORE Steven Craig Moore Law Firm 0 1,230.00 STEVEN CRAIG MOORE Purdie & Metz 270.00 270.00 ALAN PURDIE
GRANGER, B ASU 3/1/03 C 204-991 Taylor, Porter, Brooks & Phillips 5,370.30 25,324.71 DAVID SHELBY Truly, Smith & Latham 2,553.13 18,145.16 JOHN THARP
GRIFFIN, A JSU 1/3/04 O 204-1634 Gore, Kilpatrick, Purdie & Metz 0 11,102.25 ALAN PURDIE Purdie & Metz 2,758.25 7,464.72 ALAN PURDIE
GRIFFIN, V JSU 8/22/03 O 204-1407 EL Gore, Kilpatrick, Purdie & Metz -0- 24,175.48 ALAN PURDIE Purdie & Metz 973.95 13,836.51 ALAN PURDIE
GUTHRIE-LEWIS, E USM 3/11/05 O 205-518 Bryan Nelson 1,996.55 3,760.50
02/18/2008 RICK NORTON
88 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 8 of 20
HARRIS, D JSU 9/27/04 O 204-1763 Moore Law Office 2,122.75 9,488.41 CARLOS MOORE
HARRIS, R MVSU 1/31/99 O 99-2410 EL Gore, Kilpatrick, Purdie & Metz -0- 90,726.37 JIM METZ Purdie & Metz 5,019.34 7,773.99 JIM METZ
HART, B JSU 8/26/05 O 206-1261 Purdie & Metz 2,238.60 2,238.60 ALAN PURDIE
HERMAN, S USM 9/18/00 O 200-2189 EL Bryan Nelson 77.60 2,539.80 RICK NORTON Montague, Pittman & Varnado 0 2,367.82 FRANK MONTAGUE
HOLLINGSWORTH, C USM 11/22/04 O 205-215 EL Gore, Kilpatrick, Purdie & Metz 0 5,804.25 ALAN PURDIE Purdie & Metz 20,097.73 31,166.56 ALAN PURDIE
JOHNSON, T JSU 6/3/05 C 206-784 EL Mayo Mallette 1,960.51 13,119.27 CAL MAYO Pigott Reeves Johnson 777.70 777.70 CARLTON REEVES
JONES, L JSU 1/13/06 O 206-1629 EL Mayo Mallette 2,192.30 21,817.94 CAL MAYO
MCKEAN, M USM 8/13/04 O 204-1632 EL Gore, Kilpatrick, Purdie & Metz -0- 1,035.30 ALAN PURDIE
02/18/2008 Purdie & Metz 21,852.98 104,034.64
89 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 9 of 20
ALAN PURDIE Spyridon, Koch, Palermo & Dornan 0 3,912.40 JAMES STEEL
MARTIN, G MSU 2/1/03 O 203-2050 EL Gore, Kilpatrick, Purdie & Metz -0- 54,047.42 JIM METZ Purdie & Metz 845.85 27,649.15 JIM METZ
MOLLAGHAN, J USM 10/31/00 O 200-2213 EL Heidelberg Law Firm -0- 1,817.35 R. WEB HEIDELBERG Gore, Kilpatrick, Purdie & Metz -0- 2,276.92 MARK MORRISON Bryan Nelson -0- 2,151.70 JON MARK WEATHERS Spyridon, Koch, Palermo & Dornan -0- 337.50 JAMES STEEL Adcock & Morrison 3,344.23 3,271.67 MARK MORRISON Heidelberg & Woodliff -0- 3,877.44 R. WEB HEIDELBERG Bryant, Dukes, & Blakeslee -0- 2,116.58 WILLIAM WHITFIELD Pigott Reeves Johnson 4,957.75 9,113.95 CARLTON REEVES
O’CONNER, G USM 11/30/99 O 200-2339 EL Heidelberg Law Firm -0- 1,556.00 R. WEB HEIDELBERG Gore, Kilpatrick, Purdie & Metz -0- 2,264.73 MARK MORRISON 02/18/2008
90 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 10 of 20
Bryan Nelson -0- 2,075.18 JON MARK WEATHERS Spyridon, Koch, Palermo & Dornan -0- 418.50 JAMES STEEL Adcock & Morrison 2,084.63 3,180.33 MARK MORRISON Heidelberg & Woodliff -0- 2,765.09 R. WEB HEIDELBERG Pigott Reeves Johnson 6,537.81 12,664.06 CARLTON REEVES Bryant, Dukes, & Blakeslee -0- 2,172.31 WILLIAM WHITFIELD
PAGE, S USM 6/26/01 O 202-46 Bryan Nelson 148.55 17,714.72 RICK NORTON
PICKERING, F USM 12/23/03 O 204-119 EL Purdie & Metz 2,290.40 2,290.40 ALAN PURDIE
PRITCHARD, R USM 11/14/00 O 201-383 Page, Kruger & Holland 2,339.50 41,235.83 MICHAEL WOLF Bryan Nelson -0- 14,751.31 SANDRA MOHLER
REED, B USM 8/11/97 O 97-1193 EL Purdie & Metz 2,941.60 2,941.60 ALAN PURDIE
RENFROW, C MSU 3/8/03 O 203-481 Gore, Kilpatrick, Purdie & Metz -0- 10,841.42 JIM METZ Purdie & Metz 12.50 406.15 JIM METZ 02/18/2008
91 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 11 of 20
RUDDER, C USM 6/10/99 C 200-575 EL Adams & Reese 57.45 55,997.79 JAMES KEITH
SANDERS, E MVSU 7/2/05 O 206-430 Pigott Reeves Johnson 3,246.10 6,094.94 CARLTON REEVES
SENU-OKE, E JSU 8/1/04 O 206-1025 EL Pigott Reeves Johnson 23,287.56 32,574.36 CARLTON REEVES
SUDDITH, J USM 10/17/95 O 202-2024 EL Adams & Reese 6,007.80 86,445.09 JOHN HOOKS
TYLER, A JSU 3/30/05 C 205-1253 Pigott Reeves Johnson 5,532.79 9,139.80 CARLTON REEVES
UPSILON EPSILON JSU 9/20/05 C 205-1241 EL Gore, Kilpatrick, Purdie & Metz -0- 22,511.09 ALAN PURDIE Purdie & Metz 368.50 9,599.64 ALAN PURDIE
VINCENT, J USM 11/1/99 O 200-1293 EL Heidelberg Law Firm 171.00 1,654.95 R. WEB HEIDELBERG Heidelberg & Woodliff -0- 3,599.39 R. WEB HEIDELBERG Bryan Nelson -0- 2,348.36 JON MARK WEATHERS Spyridon, Koch, Palermo & Dornan -0- 1,293.50 JAMES STEEL Gore, Kilpatrick, Purdie & Metz -0- 6,591.35 MARK MORRISON Adcock & Morrison 1,981.23 3,264.48
02/18/2008 MARK MORRISON
92 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 12 of 20
Pigott Reeves Johnson 4,798.20 8,819.40 CARLTON REEVES Bryant, Dukes, & Blakeslee -0- 6,140.01 WILLIAM WHITFIELD
WASHINGTON, L JSU 5/1/02 O 204-330 EL Mayo Mallette 369.00 72,842.11 CAL MAYO
WASHINGTON, L JSU 6/2/06 O 207-811 EL Mayo Mallette 6,144.70 6,144.70 CAL MAYO
WEIBLE, N USM 1/28/04 O 205-73 EL Bryan Nelson 8,121.89 25,959.81 RICK NORTON Spyridon, Koch, Palermo & Dornan 5,918.78 9,401.28 JAMES STEEL
WHEATLEY, E MVSU 4/1/06 O 206-1594 EL Purdie & Metz 3,336.60 12,196.88 JIM METZ
WILTSHIRE, S MSU 2/5/02 O 202-810 Page, Kruger & Holland 4.30 18,235.40 STEPHEN KRUGER
ZISMAN, S JSU 8/18/03 O 204-530 EL Balch & Bingham 704.48 181,083.10 ARMIN MOELLER
Total Claims: 42 Total $$$ , $238,813.52 $1,404,100.46
# OF CLAIMS LEGAL PAID IN FY 2008 TOTAL LEGAL PAID
Educators Legal 27 $199,856.57 $1,131,264.66 02/18/2008
93 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 13 of 20
Tort 15 $38,956.95 $272,835.80
FY2008 Litigation Expense Reports As of 9/30/07
Tort
Total number of attorneys issued payments in FY2008: 17
Number of black attorneys included in above total: 2
Number of female attorneys included in above total: 0
Total dollars paid to attorneys in FY2008: $ 238,813.52
Dollars paid to black attorneys included in above total: $ 61,999.36
Dollars paid to female attorneys included in above total: $ 0
02/18/2008
94 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 14 of 20
Tort Assignments to Outside Counsel in FY2008 As of 1/24/08
Attorney Name Date of Assignment Black/White Male/Female
John W. Crowell 7/3/07 W M
Katherine S. Kerby 7/3/07 W F
Mary Ann Connell 7/9/07 W F
Alan M. Purdie 9/5/07 W M
Carlton W. Reeves 9/17/07 B M
Katherine S. Kerby 11/20/07 W F
Alan M. Purdie 11/20/07 W M
LaToya C. Merritt 11/20/07 B F
Alan M. Purdie 1/9/08 W M
02/18/2008
95 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 15 of 20
5. SYSTEM ADMINISTRATION – THE QUARTERLY LITIGATION EXPENSE REPORT RELATING TO THE IHL WORKERS’ COMPENSATION PLAN (INFORMATION ONLY)
IHL Self-Insured Workers’ Compensation Program Itemization of Legal Expense Paid During Fiscal Year 2008 7/1/2007–9/30/07
Claimant Institution Date of Open / Claim # Defense Firm Legal $ Paid Legal $ Paid Loss Closed Fiscal Yr 2008 Total
KLEBAN, D MSU 9/24/05 O 876113 Purdie & Metz 570.00 4,148.00 Cassandra Walter
REEL, K MSU 7/24/06 O 877324 Purdie & Metz 1,239.35 1,584.35 Cassandra Walter
MOORE, S UM 3/2/05 O 875357 Purdie & Metz 1,286.35 5,787.51 Cassandra Walter
HOLLOWAY, M UMMC 6/1/99 O 868231 Gore, Kilpatrick, Purdie & Metz 0 16,560.99 Martha Ann Diaz Purdie & Metz 19.30 342.90 Cassandra Walter
MCCLAIN, D JSU 6/8/05 O 875939 Gore, Kilpatrick, Purdie & Metz 0 1,555.05 Cassandra Walter
02/18/2008 Purdie & Metz 127.15 2,294.65
96 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 16 of 20
Cassandra Walter
WILSON, M ASU 3/10/04 O 873924 Pond, Gadow & Tyler 308.00 308.00 Blake A. Tyler
DANSBY-GILES, G JSU 4/20/04 O 874648 Anderson, Crawley & Burke 1,343.50 4,241.00 James Rankin
ANDERSON, T JSU 2/13/06 O 876843 Anderson, Crawley & Burke 863.50 863.50 Jim Anderson Anderson, Crawley & Burke 0 13,259.70 Vaterria Martin
PATRICK, M MSU 1/20/05 O 875167 Anderson, Crawley & Burke 476.00 9,497.48 Terry Germany
BLANKS, D USM 6/21/04 C 874241 Upshaw, Williams, Biggers, Beckham & 964.00 964.00 Riddick Ashley Pradel
CONLEY, B JSU 5/7/07 O 878454 Upshaw, Williams, Biggers, Beckham & 264.00 264.00 Riddick James Higginbotham
ANDERSON, J JSU 5/17/05 O 875688 Upshaw, Williams, Biggers, Beckham & 1,103.05 6,145.87 Riddick Peter Corson
ALEXANDER, C JSU 4/7/04 O 873939 Upshaw, Williams, Biggers, Beckham & 616.00 7,963.58 Riddick Peter Corson
HENDRIX, N UMMC 6/23/05 C 875745 Upshaw, Williams, Biggers, Beckham & 297.60 7,166.01 Riddick 02/18/2008
97 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 17 of 20
Peter Corson
STREETER, K ASU 3/7/03 O 872066 Upshaw, Williams, Biggers, Beckham & 638.30 5,983.83 Riddick Peter Corson
KNIGHT, C ASU 9/10/04 C 874716 Wilkins, Stephens & Tipton 1,269.00 5,394.93 Joe Wilkins
KNIGHT, C ASU 7/7/05 C 875880 Wilkins, Stephens & Tipton 374.00 1,987.00 Joe Wilkins
WRIGHT, I UMMC 3/7/02 O 870194 Wilkins, Stephens & Tipton 2,463.40 14,119.95 Joe Wilkins
WILLIAMS, R ASU 5/28/03 O 872347 Wilkins, Stephens & Tipton 73.00 6,958.46 Joe Wilkins
PANUSKA, B MSU 3/27/99 O 864195 Wilkins, Stephens & Tipton 3,914.83 39,342.16 Joe Wilkins
CAPLES, L UMMC 10/11/01 C 870464 Markow Walker 399.00 3,919.86 Richie Edmonson
HAYES, B USM 8/31/00 O 867658 Markow Walker 55.00 1,665.10 Richie Edmonson Daniel, Coker, Horton & Bell 0 188.60 Gary Jones Wilkins, Stephens & Tipton 0 583.00 Joe Wilkins
GREEN, S UMMC 2/12/00 O 866258 Markow Walker 396.00 1,342.40 T. G. Bolen
02/18/2008 JOHNSON, C MSU 5/14/04 O 874093 Markow Walker 407.00 407.00
98 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 18 of 20
Richie Edmonson
CIZMAR, G UM 10/22/96 O 860398 Markow Walker 180.00 2,675.70 Bryan Bridges
YOUNG, M UMMC 3/3/06 O 876767 Markow Walker 1,404.10 1,832.10 Richie Edmonson
PEARSON, R UM 1/20/05 O 875178 Markow Walker 317.00 3,662.80 Andy Shull
WELCH, I UMMC 2/11/04 O 873749 Markow Walker 80.90 10,785.30 Richie Edmonson
PORTER, V UMMC 2/8/05 O 875318 Markow Walker 786.30 9,113.00 Richie Edmonson
KENNARD, E MSU 5/9/05 O 877555 Abraham & Rideout 1,166.00 4,537.00 John Wakeland
HUNTER, W MVSU 3/5/04 O 873783 Abraham & Rideout 2,236.50 22,386.95 John Wakeland
PRICE, J JSU 10/8/02 C 871355 Abraham & Rideout 5,883.19 24,872.14 John Wakeland
PINKSTON, E UMMC 2/12/03 O 872038 Abraham & Rideout 2,072.50 5,859.50 John Wakeland
WRIGHT, V USM 5/19/03 C 872344 Abraham & Rideout 1,664.00 30,036.49 John Wakeland
KITTRELL, S MSU 4/9/99 O 864276 Abraham & Rideout 231.06 7,376.66 John Wakeland 02/18/2008
99 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 19 of 20
MONTGOMERY, H MSU 7/25/05 C 876053 Abraham & Rideout 759.00 759.00 John Wakeland
SLY, P UMMC 6/12/06 C 877155 Abraham & Rideout 734.00 734.00 John Wakeland
Total Claims: 37 Total $$$ , $ 36,981.88 $ 289,469.52
02/18/2008 100
BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AGENDA LEGAL February 20-21, 2008 Page 20 of 20
FY 2008 Litigation Expense Reports As of 9/30/07
Workers= Compensation
Total number of attorneys issued payments in FY2008: 14
Number of black attorneys included in above total: 0
Number of female attorneys included in above total: 2
Total dollars paid to attorneys in FY2008: $ 36,981.88
Dollars paid to black attorneys included in above total: $ 0
Dollars paid to female attorneys included in above total: $ 4,206.15
02/18/2008 101
BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING 102 AGENDA ADMINISTRATION/POLICY February 20-21, 2008 Page 1 of 1
1. SYSTEM ADMINISTRATION - COMMISSIONER’S NOTIFICATION OF APPROVAL (INFORMATION ONLY)
In compliance with Board Policy, the following items have been approved by the Commissioner on behalf of the Board and are available for inspection in the Board Office.
a. UMMC – Approved a contract according to Board Policy 707.01 Land, Property, and Service Contracts. The University of Mississippi Medical Center has amended a contract with Valley Services that does not exceed the original contract by more than 10%. The original contract was initiated July 1, 2005 through June 30, 2008 in the amount of $1,200,000.
b. Quarterly Employment Hires Report for the period of October 1, 2007 through December 31, 2007, as required by Board Policy 401.0102 and 801.8 Delegation of Authority.
02/18/2008