draft board book - Mississippi Public Universities
Transcription
draft board book - Mississippi Public Universities
MISSISSIPPI BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING DRAFT BOARD BOOK February 18, 2015 DRAFT BOARD BOOK OUTLINE Health Affairs Committee Meeting February 17, 2014, 3:30 p.m. IHL Boardroom Universities Center 3825 Ridgewood Road Jackson, MS 39211 IHL Board Meeting February 18, 2015 9:00 a.m. IHL Boardroom Universities Center CALL TO ORDER PRAYER Trustee Bob Owens INTRODUCTION OF GUESTS MINUTES January 22, 2015 Regular Board Meeting January 30, 2015 Special Called Board Meeting 1 CONSENT AGENDAS Trustee Aubrey Patterson FINANCE 1. DSU – Approval of Technology Management Agreement with Ellucian, L.P. ..................1 2. MSU – Approval to Enter into a License Agreement with Springer Customer Service Center, LLC .........................................................................................................................3 3. MSU – Approval to Amend Agreement with Aramark .......................................................4 4. MVSU – Approval of a Resolution for a Grant Application to the Mississippi Department of Transportation ..................................................................................................................6 5. UMMC – Approval of Agreement with Mississippi Children’s Home Services, Inc. .......7 REAL ESTATE Approval of Initiations of Projects/Appointments of Professionals IHL Projects 1. UM – IHL 207-372 – South Campus Recreation Facility and Transportation Hub, Design Professional – JBHM Architects, P.A..................................................................................3 2. UM – IHL 207-387 – Track Facility Restoration, Design Professional – CHA Consulting, Inc. ......................................................................................................................................4 3. UM – IHL 207-401 – Wastewater Treatment Facility Expansion, Design Professional – Engineering Solutions, Inc. ..................................................................................................6 4. USM – IHL 208-327 – Bolton Hall Renovation, Design Professional – Albert and Associates, P.A. ...................................................................................................................7 5. USM – IHL 208-331 – Southern Hall Renovation, Design Professional – Albert and Associates, P.A. ...................................................................................................................8 Approval of Budget Increase/Change of Scope/Change of Funding Source IHL Projects 6. USM – IHL 210-243 – Marine Education Center – Cedar Point, Design Professional – Lake | Flato...........................................................................................................................9 Appointment of Other Real Estate Requests 7. DSU – Granting a Temporary Easement to the Mississippi Transportation Commission to Construct a Deceleration Turn Lane on a Portion of Hwy 8 ....................11 8. DSU – Granting a Permanent Easement to the Mississippi Transportation 2 Commission to Maintain the Constructed Roadway on a Portion of Hwy 8 .....................12 9. UMMC – Delete from Inventory – Former Schimmel’s Building ....................................13 10. USM – Approval of Purchase of Property – Golden Eagle Apartments – 3314 West 4th Street, Hattiesburg, MS ......................................................................................................13 11. USM – Approval of 2014 Campus Master Plan Update ...................................................15 LEGAL 1. MSU – Approval to Contract with Jones Walker, LLP as Outside Counsel .......................1 2. MSU – Approval to Amend/Renew Contract with Ware | Immigration as Outside Counsel ................................................................................................................................1 3. MSU – Approval to Amend/Extend Contract with Stites & Harbison, PLLC as Outside Counsel ................................................................................................................................3 4. USM – Approval to Modify Contract with Lightfoot, Franklin & White, PLLC as Outside Counsel ................................................................................................................................3 PERSONNEL 1. Employment (MSU,UM) .....................................................................................................1 2. Tenure (MSU,UM) ..............................................................................................................1 3. Sabbatical (MUW, UM).......................................................................................................1 ADMINISTRATION/POLICY 1. UMMC – Approval of Amendments to Vision and Mission Statements ............................1 REGULAR AGENDAS ACADEMIC AFFAIRS Trustee Ford Dye 1. SYSTEM – Approval of New Academic Programs a. MSU – Bachelor of Science in Sustainable Bioproducts...............................................1 b. MVSU – Bachelor of Arts in PreLaw/Legal Studies .....................................................2 c. USM – Bachelor of Liberal Studies ...............................................................................3 3 FINANCE Trustee Alan Perry SYSTEM – Approval of Professional School Tuition FY2016 Rates (First Approval) .....1 SYSTEM – Approval to Institute Activities Fee .................................................................1 DSU – Approval to Institute Capital Improvement Fee ......................................................4 MSU – Approval of Bond Resolution to Issue MSU Educational Building Corporation Bonds for New Residence Halls ..........................................................................................4 5. UMMC – Approval of Service Agreement with Armstrong and Associates, Inc. ..............6 6. USM – Approval of Residency and Out-of-State Tuition Waiver Policy – Veteran and Military Student Update .....................................................................................................10 7. USM – Approval to Waive Subsequent Meeting Requirement in Board Policy 906 and Approve a Bond Resolution and Form of Bond Documents to Refund Educational Building Corporation Bonds Not to Exceed $140,000,000 for Series 2006A, 2006B, Series 2007, Series 2009, and the Certificates of Participation Series 2009. ....................11 1. 2. 3. 4. LEGAL Trustee Doug Rouse 1. UMMC – Approval to Modify Contract with Butler Snow, LLP as Outside Counsel ........1 2. UMMC – Approval to Modify Contract with Watkins and Eager, PPLC as Outside Counsel ................................................................................................................................1 3. SYSTEM – Approval for First Reading of Proposed Changes to Board Policy 801.04 Employment Contracts.........................................................................................................1 INFORMATION AGENDAS Commissioner Hank Bounds REAL ESTATE 1. SYSTEM – Real Estate Items Approved Subsequent to the January 22, 2015 Board Meeting Delta State University ..........................................................................................................2 Jackson State University ......................................................................................................2 Mississippi State University ................................................................................................4 Mississippi University for Women ......................................................................................6 Mississippi Valley State University .....................................................................................7 University of Mississippi .....................................................................................................7 University of Mississippi Medical Center .........................................................................14 University of Southern Mississippi....................................................................................16 4 ERC ....................................................................................................................................18 LEGAL 1. SYSTEM – Report of Payments to Outside Counsel ..........................................................1 ADMINSTRATION/POLICY 1. System – Commissioner’s Notification of Approval ...........................................................1 ADDITIONAL AGENDA ITEMS IF NECESSARY OTHER BUSINESS/ANNOUNCEMENTS EXECUTIVE SESSION IF DETERMINED NECESSARY ADJOURNMENT 5 MISSISSIPPI BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING MINUTES FOR: January 22, 2015 Regular Board Meeting January 30, 2015 Special Called Board Meeting MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT BE IT REMEMBERED, That the Mississippi 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 9:00 a.m., and pursuant to notice in writing mailed by certified letter with return receipt requested on November 24, 2014, to each and every member of said Board, said date being at least five days prior to this January 22, 2015 meeting. At the above-named place there were present the following members to wit: Mr. H. Ed Blakeslee, Mrs. Karen L. Cummins (by phone), Dr. Ford Dye, Mr. Shane Hooper, Mr. Bob Owens, Mr. Hal Parker, Mr. Aubrey B. Patterson, Mr. Alan Perry, Ms. Christine Pickering, Ms. Robin J. Robinson, Dr. Douglas Rouse, and Mr. C.D. Smith. The meeting was called to order by Mr. Aubrey Patterson, President, and opened with prayer by Trustee Robinson. INTRODUCTION OF GUESTS President Patterson announced formally to the Board that Dr. Hank Bounds will leave us on April 12, 2015 to assume the responsibility of the President of the University of Nebraska. He has given remarkable leadership at all levels of education in Mississippi. President Patterson thanked Dr. Bounds for his great service. President Patterson welcomed the Student Government Association Officers: Zackeus Johnson, SGA President for Alcorn State University; Mikel Sykes, SGA President for Delta State University; Keonte' Turner, SGA President for Jackson State University; Brett Harris, SGA President for Mississippi State University; Sade` Meeks, SGA President for Mississippi University for Women; Derrick Jones, SGA President for Mississippi Valley State University; Peter Mittwede, SGA President for the University of Mississippi Medical Center, and Jeffrey George, SGA President of the University of Southern Mississippi. APPROVAL OF THE MINUTES On motion by Trustee Hooper, seconded by Trustee Pickering, with Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to approve the Minutes of the Board meetings held on December 18, 2014 and December 22, 2014. CONSENT AGENDA On motion by Trustee Pickering, seconded by Trustee Robinson, with Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to approve the following Consent Agenda. 1 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT FINANCE 1. UMMC – Contingent upon receipt by the Attorney General’s Office of a Certificate of Authority to Transact Business from the Mississippi Secretary of State and receipt of verification of the Mississippi Department of Finance and Administration sole source certification, the Board approved the request to enter into an agreement with EOS Imaging, Inc. for the purchase of body imaging equipment and related support services and to make a prepayment of 10% of the total cost of the system. The agreement is for the purchase of the EOS 2D/3D Acquisition System which includes equipment, related software and accessories, product installation and training, and three (3) years of support and maintenance services. The term of the contract will be approximately four (4) years. After the EOS system is ordered and installed, EOS provides a one (1) year warranty. UMMC is purchasing a three (3) year service contract to begin upon expiration of the warranty. Therefore, from the date of installation, which UMMC anticipates to be on or about April 1, 2015, the agreement will extend four (4) years, or March 31, 2019. The total cost for the system and related service is $792,984 and includes an estimated cost for the asneeded purchase of optional “refresh” training. The agreement will be funded by Children’s Endowment funds. The agreement has been reviewed and approved by the Attorney General’s Office contingent upon EOS Imaging, Inc. obtaining a Certificate of Authority to Transact Business from the Mississippi Secretary of State and receipt of verification of the Mississippi Department of Finance and Administration sole source certification. A copy of the agreement is on file in the Board Office. 2. UMMC – Approved an amendment to the existing Schedule 12231 between UMMC and Roche Diagnostics Corporation which will delete one of the chemistry/immunoassay instruments the Cobas 6000 c501/e601 analyzer from the schedule listing as well as move locations of one of the Cobas c501 analyzers. Schedule 12231 was for the lease of laboratory equipment, the purchase of equipment maintenance and the purchase of associated supplies for chemistry and immunoassay testing. The term of the contract remains at sixty (60) months, beginning May 22, 2013 and ending May 21, 2018. The estimated cost over the five (5) year term of the contract is $11,908,680.55. The breakdown for each year is included in the bound January 22, 2015 Board Working File. The agreement will be funded by patient revenues. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. 3. UMMC – Approved the request to enter into a new Product Schedule with Roche Diagnostic Corporation for the lease of clinical laboratory equipment and purchase of associated chemical reagents to be placed at its Grenada Facility. The term of the schedule is five (5) years from the commencement date. The estimated start date of the schedule is February 2, 2015 with the commencement date of the schedule to begin upon first use of the last piece of equipment listed on the product schedule. The estimated cost over the five (5) year term of the contract is $2,077,687.79. The breakdown for each year is included in the bound January 22, 2015 Board Working File. The funding source for this agreement will be hospital patient care revenue. In regards to hospital funding, the expense will be categorized to contractual operating expense. 2 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT 4. 5. 6. 7. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. UMMC – Approved the request to amend the existing Master Agreement between UMMC and Roche Diagnostics Corporation to replace the existing Attachment A with a new Attachment A that includes UMMC’s Grenada facility to the list of facilities. The Master Agreement was effective December 28, 2012 and will remain in effect until each schedule is terminated. There is no cost associated with this amendment. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. UMMC – Approved the request to enter into a new Product Schedule with Roche Diagnostic Corporation for the lease of clinical laboratory equipment and purchase of associated chemical reagents/consumables associated with the equipment to be placed in the Emergency Department at its main campus facility. This equipment will allow the clinical laboratory to add a chemistry/immunoassay instrument that will provide for increases in cardiac enzyme testing which will allow the laboratory to maintain the turnaround time of test results for these enzymes. The term of the schedule is five (5) years from the commencement date. The estimated start date of the schedule is February 2, 2015 with the commencement date of the schedule to begin upon first use of the last piece of equipment listed on the product schedule. The estimated cost over the five (5) year term of the contract is $639,236.13. The breakdown for each year is included in the bound January 22, 2015 Board Working File. The funding source will be hospital patient care revenue. In regards to hospital funding, the expense will be categorized to contractual operating expense. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. UMMC – Approved the second amendment to an existing lease agreement with Select Specialty Hospital – Jackson, Inc. to lease 6,021 square feet of additional space on floor 1 (Suite 110) of the premises located at 5903 Ridgewood Road, Jackson, Mississippi. The second amendment will secure additional clinic space in order to provide a full range of outpatient infusion and injection services for a larger number of patients. The existing lease agreement was effective September 1, 2013, and will expire August 31, 2022. The second lease amendment will be effective April 1, 2015, and will end coterminous with the existing lease agreement. The second amendment for the outpatient infusion clinic space for Suite 110 is at the Hospital Suites rate, or $34.00 per square foot, plus annual increases up to CPI. The cost of the original lease agreement plus the first amendment was $7,709,810.24. The second amendment will cost approximately $1,751,998.26, for a total cost of the amended lease agreement to be approximately $9,461,808.50. A breakdown of costs is included in the bound January 22, 2015 Board Working File. The agreement will be funded by patient revenues. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. UMMC – Contingent upon receipt by the Attorney General’s Office of verification of the Mississippi Department of Finance and Administration sole source certification, the Board approved the request to amend the Structural Heart Products Purchase Agreement with St. Jude 3 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT Medical S. C., Inc. (“St. Jude”) to extend the agreement for one (1) year and increase the total authorized spend. The agreement provides for the purchase of structural heart products used in the pediatric and adult cardiac catheterization laboratories. The products are used to correct congenital heart anomalies in pediatric and adult patients. The Board also granted retroactive approval of $10,949.00 spent to date, plus spend from the date of this request through January 22, 2015. The original contract term was for two (2) years, effective May 31, 2013, through May 30, 2015. The amendment will extend the agreement through April 30, 2016. The total term of the amended contract is approximately three (3) years, or May 31, 2013 through April 30, 2106. The total cost of the amended agreement is estimated to be $1,276,305 for the approximately three (3) year term. The original estimated cost was based on purchases prior to the start of the agreement, plus a ten percent (10%) increase each year to cover potential increases in patient volume and additional products that may become available during the term of the agreement. The total cost of the original two (2) year agreement was approximately $465,356. While UMMC originally anticipated 10% growth during the term, actual growth has been closer to 50%. In late August 2014, UMMC received notification from its Lawson purchase order system that it had reached 75% of the total IHL-approved spend on the agreement. The Children’s Hospital immediately began working with St. Jude to determine a sufficient amount that it should expect to spend during the remainder of the original term, as well as an amendment to extend the agreement for another year, locking in the original 2012 pricing. After negotiations, St. Jude agreed to extend the agreement through April 30, 2016, with the original pricing. However, by this time, UMMC had overspent the approved amount for the original agreement. To date, UMMC has spent $476,305 under the agreement. For the remainder of the contract, UMMC anticipates spending $800,000. During the first 18 months of the agreement, the average monthly spend was approximately $26,500. Allowing for additional physician and patient growth and potential new products, UMMC has calculated a monthly spend of $40,000 for the remainder of the amended contract. The current agreement will be funded by hospital patient revenue. The agreement is on file in the Board Office. 8. UMMC – Approved the request to pursue a standard staffing services agreement with TEKsystems, Inc. (TEKsystems) for information technology (IT) staff augmentation. The staffing services will provide DIS with a pool of IT professionals, which they can utilize to supplement staffing in areas that are under staffed. These IT professionals will assist with various IT initiatives, such as, infrastructure planning and project management services. The services would be utilized on an as needed basis rather than a strict timeline. This agreement is for a term of three (3) years beginning on February 2, 2015 through February 1, 2018. The total estimated cost of this agreement is $3,000,000. The estimated cost breakdown is $2 million for staffing and $1 million for travel. This agreement will be funded through patient revenue. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. 4 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT 9. UMMC – Approved the request to enter into a library database subscription and license agreement with UpToDate®, Inc. for the purchase of access to its Anywhere database. An annual prepayment is required, but same is permitted by Board Policy 707.03 Approval of Prepayment for Goods or Services subsection 6. This database contains updated evidence-based clinical data which will aid in clinical decision making acted on at the point of care. It combines an advanced publishing platform with the rigor of a sophisticated editorial process managed by a faculty of accomplished physician authors and renowned leaders in their specialties. This new license will allow clinicians to access the resource from both on and off campus. The term of the agreement is four (4) years, beginning March 1, 2015 and ending on February 28, 2019. The estimated total cost of the four-year agreement is $1,160,819.40. The agreement will be paid according to the following step-up schedule: Year 1, $180,000; Year 2, $209,000; Year 3, $237,000; and Year 4, $266,938. UMMC has built in a contingency allotment equal to 30% of each year’s subscription cost ($267,881.40), which will cover any potential increases in faculty, students, and residents. The agreement will be evaluated at the end of each year for any change in operating statistics, on which the price is based. The cost of subscription will only increase if the operating statistics increase or decrease by more than 10% or if UMMC adds additional clinical facilities to the network. The agreement will be funded by general funds. The agreement which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. 10. MSU – Exhibit 1 represents the approval of the Mississippi Information Technology Services Board (MS-ITS) for the provision of software licenses and related support services for Mississippi State University. The Attorney General’s staff assigned to the MS-ITS reviewed this amendment prior to its execution. The amendment to the Master Agreement for Ellucian Recruiter software and services is between Ellucian Company, L.P. and MS-ITS on behalf of MSU. REAL ESTATE 11. MUW – Approved the initiation of GS 104-184, Fant Library Renovation – Phase III, and the appointment of Burris/Wagnon Architects, P.A. as the design professional. Phase III includes the completion of the interior of the original building and new addition and installation of the new Automate Storage and Retrieval System. The estimated project budget is $4,900,000. Funds are available from HB 787, Laws of 2014 ($4,900,000). 12. USM – Approved the initiation of GS 108-266, USM Electrical Systems Upgrade, and the appointment of Watkins and O’Gwynn as the design professional. The project was established to upgrade the university’s aging electrical distribution circuits from old, antiquated 4160 primary voltage to 12,740 volts. The project included transformer replacement, cable conductor replacement, and some conductor re-routing to move transformers outside buildings. The project was initiated with the Board staff on June 28, 2010 with a budget of $750,000. Since the project budget was below $1,000,000 it did not require Board approval. The project budget has since 5 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT increased to over the $1,000,000 threshold and thus requires Board approval. The estimated project budget is $1,129,935. Funds are available from SB 3100, Laws of 2011 ($1,129,935). 13. UM – Approved the initiation of IHL 207-397, Vaught Hemingway Stadium – AV and Lighting Upgrades, and the appointment of a design professional using the “Request for Qualification” (RFQ) process. The project will consist of relocating the existing video boards in Vaught Hemingway Stadium to the South side and providing new video boards on the North side of the stadium. The project will also include renovation of the existing audio and lighting systems within the stadium. The design professional will assist the university in determining the final project scope and budget as well as produce design/construction documents for the scope determined. A subsequent Board item will be submitted to confirm the design professional after the selection process and additionally will seek to increase the budget as required to reflect the established scope of work. The estimated project budget is $500,000. Funds are available from Self-generated Intercollegiate Athletic revenues ($500,000). 14. UM – Approved the initiation of IHL 207-398, John W. White Physical Plant Building West Wing Addition, and the appointment of Foil-Wyatt Architects as the design professional. The demands for new building structures and infrastructure on campus are continuing to increase in efforts to serve the university’s academic mission. The Department of Facilities Planning is in need of additional staff and facilities to house the staff. The university intends to construct a ±5,000 square foot building addition to the existing Physical Plant Administration Building. The addition will include additional office and departmental spaces for the Department of Facilities Planning. The estimated project budget is $1,730,500. Funds are available from Internal R&R ($1,730,500). 15. UM – Approved the initiation of IHL 207-399, University Avenue Bridge Renovation, and the appointment of Buchart Horn, Inc. / BASCO Associates as the design professional. The bridge was built in 1939 by MDOT. In 1965 its ownership was transferred to the university and regular maintenance has been conducted ever since. This project will remove the bridge deck, strip and recoat the existing beams, and create a new monolithic deck, which will increase the load rating to accommodate all traffic. The existing foundations, columns, and beams will be used because they are all in good condition. The estimated project budget is $1,750,000. Funds are available from Internal Self-Generated R&R Funds ($1,750,000). 16. UM – Approved the initiation of IHL 207-400, Kincannon Hall Renovation, and the appointment of a design professional using the “Request for Qualification” (RFQ) process. The project consists of a complete renovation of Kincannon Hall. Kincannon Hall currently houses 549 students. Minor renovations of the Lobby were made in 2013. Kincannon Hall is in need of a complete renovation in order to continue to serve the University for Student Housing. The design professional will assist the university in determining the final project scope and budget as well as produce design/construction documents for the scope determined. A subsequent Board item will be submitted to confirm the design professional after the selection process and additionally will seek to increase the budget as required to reflect the established scope of work. 6 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT The estimated project budget is $2 million. Funds are available from Student Housing Auxiliary R&R Reserves ($2 million). 17. UMMC – Approved the initiation of IHL 209-551, Main Pharmacy Renovations, and the appointment of The McCarty Company Design Group as the design professional. The project will involve the renovation and expansion of the current Hospital Pharmacy to meet all State Board of Pharmacy and USP (United States Pharmacopeia) 797 standards to allow the Pharmacy to compound intervenes and sterile products. The Pharmacy is located in the basement of the main Hospital and must stay active during construction. The project will also include the expansion and relocation of a portion of the Pharmacy Administration area which includes offices, conference space and open work areas. The approximate total project area is 10,000 square feet. The estimated project budget is $2,848,518. Funds are available from UMMC SSABuilding Improvements Fund ($2,848,518). 18. USM – Approved the initiation of IHL 208-330, Football Locker Room Renovation, and the appointment of AECOM as the design professional. The project will completely gut the interior spaces of the locker room, the lounge, the wet areas, and the hallways leading to the locker rooms. The estimated project budget is $1,740,000. Funds are available from USM Athletic Foundation ($1,740,000). 19. USM – Approved the request to revise the funding source for GS 108-264, Energy Reduction Retrofits, to include the addition of $60,000 in HB 1641, Laws of 2008 funds, and the reduction of $60,000 in HB 246, Laws of 2007 funds. The project budget will remain the same. The project is currently in the construction phase. The project was established to upgrade the university’s HVAC controls system that was out of date and was not efficient to service the modern needs of the campus. The update of the IT infrastructure needs to be a part of the work to complete the upgrade. The university increased the budget in September of 2014 to the current budget of $2,260,000 but listed in error HB 246, Laws of 2007 as the funding source for the increased project budget of $60,000. The funding source for the increase should have been identified as HB 1641, Laws of 2008. The estimated project budget is $2,260,000. Funds are available from HB 1722, Laws of 2009 ($2,000,000); HB 246, Laws of 2007 ($200,000); HB 1641, Laws of 2008 ($60,000). LEGAL 20. UMMC – Approved the request to renew its contract with James Mingee d/b/a The Mark It Place, of counsel to the firm Scott, Sullivan, Streetman & Fox, and with C. Paige Herring of the firm to provide legal services as trademark and copyright counsel and Austin Bonderer to provide related intellectual property representation. The term of the renewal is February 1, 2015 through January 31, 2016. The agreement provides for outside counsel work not to exceed $30,000 at $145 per hour or $1200 per trademark prosecution and $200 per hour for intellectual property representation. The Attorney General has approved this request. 7 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT 21. PERSONNEL REPORT EMPLOYMENT Jackson State University Charles N. Smith; Associate Provost for Student Affairs, Division of Academic and Student Affairs; salary of $139,000 per annum, pro rata; E&G funds; effective January 5, 2015 FINANCE AGENDA Presented by Trustee Alan Perry, Chair On motion by Trustee Perry, seconded by Trustee Hooper, with Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to approve agenda item #1 as submitted on the Finance Agenda. On motion by Trustee Perry, seconded by Trustee Pickering, with Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to approve agenda item #2. On motion by Trustee Perry, seconded by Trustee Rouse, with Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to approve agenda item #3. On motion by Trustee Perry, seconded by Trustee Pickering, with Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to approve agenda item #4. On motion by Trustee Perry, seconded by Trustee Hooper, with Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to approve agenda item #5. On motion by Trustee Perry, seconded by Trustee Hooper, with Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to approve agenda item #6. A motion was made by Trustee Perry, seconded by Trustee Pickering to approve agenda item #7. After discussion, Trustee Perry withdrew his motion. Agenda items #7 and #8 will be held for further review. On motion by Trustee Perry, seconded by Trustee Dye, with Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to approve agenda item #9. 1. System – Approved the request to amend the current contract with Carr, Riggs and Ingram, LLC (CRI) for internal audit management consulting services for the IHL system. This is the first amendment to the contract. The amendment will increase the expenditure authority of the current agreement to account for “ad-hoc” services performed by CRI during the past two (2) years that were applied against the approved original contract limit. Without this increase, the contract’s expenditure authority will be fully exhausted before the agreements closure date of October 31, 2015. This amendment will begin upon full execution by both parties (expected to be no later than February 1, 2015) and will end on October 31, 2015. However, the Commissioner has been given authority under the original Board approval to extend the contract for the completion of any examinations in-progress at that time. The amendment will add 8 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT $150,000 to the original agreement. The original agreement was equal to $841,650 for the threeyear period (i.e., $790,550 for professional fees plus $51,100 for out-of-pocket travel related expenses). This amendment will bring the “not to exceed total” to $991,650. This figure includes funds for travel and out-of-pocket costs. Contract payments will be awarded on a cost reimbursement basis. The institutions will be billed for the services using earmarked funds by the legislature for such efficiencies. The amendment which has been reviewed and approved by the Attorney General’s Office is on file in the Board Office. 2. System – Approved the budget escalation requests from Alcorn State University, Jackson State University and Mississippi Valley State University for their Ayers Endowment Diversity Program budgets. These escalations are needed to cover increased costs associated with program operating costs. The original budgets were approved at the June 2014 Board meeting. At that time, estimates of available funding were used to build the budget for these programs. Actual funding is now known and the institutions have requested to revise their budgets to equal actual sources as shown. All funds budgeted within these programs were generated from annual interest earnings of the Ayers Public and Private Endowment investments. Alcorn State University Object of Expenditure Current Budget FY 2015 Budget Revision Salaries, Wages & Fringe Benefits Revised Budget FY 2015 $ ‐ Travel ‐ Contractual Services ‐ Commodities ‐ Capital Outlay: ‐ Equipment ‐ Library Resources ‐ Student Aid 128,549 83,021 211,570 Total $ 128,549 $ 83,021 $ 211,570 Jackson State University Object of Expenditure Salaries, Wages & Fringe Benefits Current Budget FY 2015 Budget Revision $ 122,226 $ 122,226 Travel ‐ Contractual Services ‐ Commodities ‐ Capital Outlay: ‐ Equipment ‐ Library Resources Student Aid ‐ 366,189 118,129 484,318 Total $ 488,415 $ 118,129 $ 606,544 9 Revised Budget FY 2015 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT Mississippi Valley State University Object of Expenditure Current Budget FY 2015 Budget Revision Revised Budget FY 2015 Salaries, Wages & Fringe Benefits $ 64,196 Travel 2,751 5,000 7,751 $ 64,196 Contractual Services 15,952 26,074 42,026 Commodities 8,628 3,500 12,128 Capital Outlay: ‐ Equipment 1,240 1,240 Library Resources Student Aid ‐ 227,135 70,065 297,200 Total $ 319,902 $ 104,639 $ 424,541 3. JSU – Approved the request to (A) initiate the bond process to refund all or a portion of the JSU Educational Building Corporation (JSU/EBC) Series 2006-A Campus Facilities Project Bonds (“2006 Bonds”), (B) initiate the bond process to refund/remarket all or a portion of the JSU/EBC Series 2007 Campus Facilities Project Bonds (“2007 Bonds”), (C) approve and accept the project’s financial advisor’s report, and (D) approve the following professionals: Bond Counsel - Butler Snow LLP (Alveno N. Castilla and Michael Russ); Co-Bond Counsel - Bettie A. Mallet, PLLC ; Lead Underwriter - Morgan Stanley & Co., LLC; Co-Underwriters - Wells Fargo & Company and Raymond James Financial, Inc.; and Financial Advisor - Comer Capital Group, LLC. JSU/EBC has an opportunity to refund $8,950,000 in outstanding principal of its 2006-A Bonds and achieve a Net Present Value Savings of approximately $500,000 or 5%, based on current market conditions. The refunding bonds will mature on or about the same date as the current 2006 Bonds (March 1, 2031). The JSU/EBC needs to either remarket and/or refinance the 2007 Bonds and/or terminate the forward swap associated with the 2007 Bonds on or by March 1, 2015, in order to avoid an interest rate increase from 5% to 8% on the bonds. The overall cost of capital associated with the 2007 Bonds will be approximately 13%, given the commencement of cash flows associated with the forward swap agreement. The final maturity of the fixed-rate refunding bonds will be no longer than 3/1/2031 (the final maturity of the 2006A Bonds). The SIFMA Index Bonds may be issued with a final maturity or mandatory tender date of up to 8 years from the time of issuance. JSU will issue up to a maximum of $62 million par value of bonds. (A) The proposed refunding bonds will generate Net Present Value Savings of at least 3%. (B) The proposed refunding/remarketing of the 2007 Bonds will be at a variable-rate but with a fixed cost of no more than 125 basis points added to the variable-rate SIFMA index. (C) The proposed refunding bonds will generate Net Present Value Savings of at least 3%. Debt payments will be serviced by revenue from various sources. Subsequent approval is required for the bond resolution. The Attorney General has approved the bond counsel. 10 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT 4. MSU – Approved the request to authorize and define the criteria for granting waivers of out-ofstate tuition to Mississippi State University students. More specifically, this policy is implemented to include out-of-state tuition waivers as authorized, effective July 1, 2015, through the amendment to Miss. Code Ann. § 37-103-25 (3). This Policy shall be effective upon approval by IHL and MSU, with individual waivers becoming applicable as of the date approved by the MSU President, unless a later time is indicated below. The following out-of-state waivers are authorized, on a case-by-case basis, in addition to those in existence by virtue of prior statutory law and IHL Board Policy. All waivers are contingent upon the student’s submission to MSU of timely (before the start of the applicable semester) and adequate proof of having met the applicable criteria. To be eligible for out-of-state tuition waivers, applicants must meet admissions requirements for the initial award and maintain satisfactory academic progress for continued eligibility. Military Personnel, Spouses, Dependents, and Survivors: MSU will waive out-of-state tuition for all individuals covered by Section 702 of the Veterans Access, Choice and Accountability Act of 2014 (Choice Act). Additionally, MSU may provide a full or partial waiver of out-of-state tuition for all present and former members of the U.S. Armed Forces who are engaged in or were honorably discharged from service, including members of the National Guard and Reserve, current spouses and dependent children of military personnel without regard to the active duty location, and survivors of members of the U.S. Armed Forces who died while on active duty that are not covered by the Choice Act. MSU estimates the university collects approximately $153,000 annually in non-resident revenue from the 27 current students that would be impacted by these new waivers. MSU expects to enroll the additional 21 new nonresident students needed to offset the loss in non-resident revenue. 5. MSU – Approved the request to review the financial advisor’s report provided by First Southwest related to the construction project for the New Residence Halls North which will be funded by $58 million of long-term fixed rate bonds issued by the MSU Educational Building Corporation. Jones Walker, LLP was approved as Bond Counsel by the Board at the August 2014 meeting and by the Attorney General’s Office. Following are the other professionals: Underwriters – Morgan Stanley & Company, LLC and Raymond James & Associates, Inc. and Financial Advisor – First Southwest. The purpose of the project is to construct two new residence halls on the north side of campus. The residence halls will consist of 245,363 sq. ft. and provide 752 beds. The project will also include an additional 7,522 sq. ft. facility to house the Sonny Montgomery Center for America’s Veterans which will be a stand-alone facility on the residence hall site. The university will also demolish Evans Hall, constructed in 1965, as part of this project to allow for the site of the new facilities. Long-term bonds will be issued with maturities up to 30 years. MSU is expecting to issue up to a maximum of $61,045,000 par value in fixed rate bonds. Proceeds from the bond issue will support the project fund ($58 million), capitalized interest, cost of issuance and the underwriter’s discount. Based on the Financial Advisor’s report dated November 28, 2014, the proposed debt amortization will have an average annual debt payment of $3,822,967 at an expected true interest cost of 4.66 percent. EBC debt 11 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT payments for residence halls will be serviced from student housing fees associated with the project. The MSU Foundation will provide funding to construct the Sonny Montgomery Center for America’s Veterans. 6. UM – Approved the request to modify the existing policy for granting waivers of out-of-state tuition to University of Mississippi students. The modifications are limited to the out-of-state waivers authorized for military and veteran students. This policy reflects, and shall be construed in conformity with, the Policies and Bylaws of the Board of Trustees of State Institutions of Higher Learning and with Mississippi statutory law, including Miss. Code Ann. § 37-103-25, as amended. This policy shall be effective upon approval by IHL and UM with individual waivers becoming applicable as of the date indicated below. The following list of proposed out-of-state waivers will be authorized in addition to those with prior IHL approval (Academic Achievement and STEM programs), as well as those currently in existence by virtue of prior statutory law and IHL Board Policy. a. Military/Veterans – Students who have been engaged in and honorably discharged from active duty in the United States Army, Navy, Air Force, Marines, or Coast Guard would receive a waiver of their non-resident surcharge. (Previous policy language limited the waiver to undergraduate students only.) b. Veteran Family Members – Students enrolled in an educational program after July 1, 2015 who receive Chapter 33 (Post 9/11 GI Benefits) and Chapter 30 (Montgomery GI Benefits) through the service member transferring the benefits will receive a waiver of their nonresident surcharge. The veteran must have been discharged or released from at least 90 days of active service less than three years before the date of enrollment in the applicable course. (These new changes are recommended in order to comply with the Veterans Access, Choice, and Accountability Act of 2014.) All waivers are contingent upon the student’s submission of timely and adequate proof of having met the applicable criteria, and awarding of any such waiver will be determined on a case-bycase basis. The university estimates that this modification will increase scholarship costs for FY2016 by approximately $57,000 for current students that would be impacted by these new waivers. 7. UMMC – Request approval to enter into a service agreement with Armstrong and Associates, Inc. to collect bad debt for both hospital and physician services for its main campus and Holmes County locations. This agreement allows for the management and collection of accounts that meet the criteria for “bad debt” and have been determined uncollectable by standard institutional billing practices. By contracting with Armstrong, UMMC is able to assign aged accounts to a professional service for debt collection and aged balance management as a best practice method to improve patient revenue. This agreement will allow UMMC to engage a second bad debt collection agency to actively work its bad debt accounts. The initial term of this agreement is for two (2) years with the option of two (2) one (1) year renewals for a total term of four (4) years, beginning February 1, 2015. UMMC request the authority to contract for up to four (4) years 12 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT with the total possible term being February 1, 2015 through January 31, 2019. The estimated total cost of this agreement is $5,051,478.58. A cost breakdown is provided in the bound January 22, 2015 Board Working File. This agreement will be funded by hospital patient revenues. The agreement has been reviewed and approved by the Attorney General’s Office. (THIS ITEM WAS HELD FOR FURTHER REVIEW.) 8. UMMC – Request approval to amend the current agreement with Hollis Cobb Associates, Inc. (Hollis Cobb) to extend the term of the agreement and to add the placement of physician accounts. In addition, UMMC is requesting approval for an increase in funding associated with extending the term and adding additional placements of physician accounts. Additionally, UMMC is seeking approval for an estimated $756,373.00 to account for the amount overspent at the time of this request. This is an amendment to extend the current bad debt collection services agreement, which allows for the management and collection of accounts that meet the criteria for “bad debt” and have been determined uncollectable by standard institutional billing practices. By contracting with Hollis Cobb, UMMC is able to assign aged accounts to a professional service for debt collection and aged balance management as a best practice method to improve patient revenue. This amendment will extend the term of the agreement an additional two (2) years. The total term of the agreement will be six (6) years beginning June 1, 2011, and ending May 31, 2017. The total estimated cost of the agreement including this amendment is $14,002,171.05. A cost breakdown is provided in the bound January 22, 2015 Board Working File. This agreement will be funded through hospital patient revenues. This agreement has been reviewed and approved by the Attorney General’s Office. (THIS ITEM WAS HELD FOR FURTHER REVIEW.) 9. UMMC – Approved the proposed policy granting waivers of out-of-state tuition to UMMC military and veteran students in compliance with Section 702 of the Veterans Access, Choice and Accountability Act of 2014. This policy reflects, and shall be construed in conformity with, the Policies and Bylaws of the Board of Trustees of State Institutions of Higher Learning and with Mississippi statutory law, including Miss. Code Ann. § 37-103-25, as amended. This policy shall be effective upon approval by IHL and UMMC with individual waivers becoming applicable as of the date indicated below. UMMC will ensure that all “covered individuals” receive an out-of-state tuition waiver. “Covered individual” is defined in the Choice Act as; A Veteran who lives in the state in which the institution of higher learning is located (regardless of his/her formal state of residence) and enrolls in the school within three years of discharge from a period of active duty service of 90 days or more. A spouse or child using transferred benefits who lives in the state in which the institution of higher learning is located (regardless of his/her formal state of residence) and enrolls in the school within 3 years of the transferor’s discharged from a period of active duty service of 90 days or more. A spouse or child using benefits under the Marine Gunnery Sergeant John David Fry Scholarship who lives in the state in which the institution of higher learning is located 13 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT (regardless of his/her formal state of residence) and enrolls in the school within three years of the Service member’s death in the line of duty following a period of active duty service of 90 days or more. All waivers are contingent upon the student’s submission of timely and adequate proof of having met the applicable criteria, and awarding of any such waiver will be determined on a case-bycase basis. The university estimates that this policy change will increase scholarship costs for FY2016 by approximately $57,000 for the current students that would be impacted by these new waivers. LEGAL AGENDA Presented by Trustee Doug Rouse, Chair On motion by Trustee Rouse, seconded by Trustee Perry, with Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to move agenda item #1 to the Executive Session Agenda. 1. UMMC – Settlement of Tort Claim Number 1841. (THIS ITEM WAS MOVED TO THE EXECUTIVE SESSION AGENDA.) ADMINISTRATION/POLICY AGENDA Presented by Commissioner Hank M. Bounds 1. System – Election of Vice President of the Board of Trustees for the Term Beginning May 8, 2015. On motion by Trustee Pickering, seconded by Trustee Rouse, with Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to temporarily suspend the presidential term length requirements set forth in Board Bylaw 301.01 Officers of the Board pursuant to Bylaw 301.0510 Meeting Rules of Order subsection (d) Motion to Suspend Policies, Bylaws or Rules and to approve the presidential term lengths of the trustees elected to serve as president of the Board for the two terms following that of Trustee Alan Perry be one year each in length. President Patterson opened the floor for nominations for the office of Vice President of the Board. Trustee Alan Perry nominated Trustee Doug Rouse. There being no further nominations, the nominations were closed. On motion by Trustee Perry, seconded by Trustee Smith, with Trustee Cummins participating by phone, all Trustees legally present and participating voted in the affirmative, therefore, it was 14 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT RESOLVED, that Trustee Doug Rouse was elected as Vice President of the Board for a one-year term, beginning May 8, 2015. INFORMATION AGENDA Presented by Commissioner Hank M. Bounds FINANCE 1. UMMC – In June 2014, the Board of Trustees approved a Purchase agreement between UMMC and Gambro Renal Products, Inc. The agreement was for the purchase of solutions for use in Continuous Renal Replacement Therapy which is a type of low dosage hemodialysis that is provided on a continual basis over an extended period of time in an ICU setting. After the Board approved the contract, Gambro sent notice to UMMC that it had been acquired by Baxter International Inc. and that product ordering, delivery, payment, etc. would now be handled by Baxter. UMMC has submitted this information regarding the contractor’s legal name to reflect the fact that Gambro Renal Products, Inc. was acquired by Baxter International, Inc. REAL ESTATE 2. System – The Board received the Real Estate items that were approved by the Board staff subsequent to the November 20, 2014 Board meeting in accordance with Board Policy 904 Board Approval. (See Exhibit 2.) LEGAL 3. System – The Board received a report of the payment of legal fees to outside counsel. (See Exhibit 3.) 4. System – Trustee Dr. Douglas Rouse, as Board Legal Committee Chair, has approved on behalf of the Board the hiring of attorneys Cal Mayo and Matt Burris of the Mayo Mallette law firm as outside counsel for the purpose of assisting with contract monitoring and procurement procedures, internal controls and related matters. The term of the contract will be one year. The hourly rate will be $215 for Cal Mayo and $160 for Matt Burris with a maximum amount payable under the contract of $32,250.00. ANNOUNCEMENTS President Patterson invited the university presidents to report on current activities on their campuses. 15 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT Trustee Karen Cummins thanked the Board, staff and universities for their support during the personal challenges she has faced recently. As Chairman of the Diversity Committee, Trustee Cummins invited everyone to attend the February Board meeting where the board will recognize diversity leaders from the public universities along with a community diversity leader. President Patterson made the following announcements: o The 28th Annual Higher Education Appreciation Day – Working for Academic Excellence (HEADWAE) luncheon will be Tuesday, February 17, 2015 at the JacksonMarriott Hotel downtown. o The next Board meeting will be Wednesday, February 18, 2015 in Jackson, MS. EXECUTIVE SESSION On motion by Trustee Perry, seconded by Trustee Hooper, with Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to close the meeting to determine whether or not is should declare an Executive Session. On motion by Trustee Perry, seconded by Trustee Blakeslee, with Trustee Robinson absent and not voting and Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to go into Executive Session for the reasons reported to the public and stated in these minutes, as follows: Discussion of one state university litigation matter; Discussion of two state university personnel matters; and Discussion of two personnel matters at the Board Office. During Executive Session, the following matters were discussed and/or voted upon: On motion by Trustee Blakeslee, seconded by Trustee Pickering, with Trustees Cummins and Robinson participating by phone, all Trustees legally present and participating voted unanimously to approve the settlement of Tort Claim No. 1841, styled as Victor Smith vs. UMMC, et al., as recommended by counsel. The Board discussed two personnel matters at two state universities. No action was taken. The Board discussed two personnel matters at the Board Office. No action was taken. On motion by Trustee Perry, seconded by Trustee Pickering, with Trustee Robinson absent and not voting and Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to return to Open Session. 16 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT ADJOURNMENT There being no further business to come before the Board, on motion by Trustee Perry, seconded by Trustee Hooper, with Trustee Robinson absent and not voting and Trustee Cummins participating by phone, all Trustees legally present and participating voted unanimously to adjourn the meeting. _____________________________________________________________ President, Board of Trustees of State Institutions of Higher Learning _____________________________________________________________ Commissioner, Board of Trustees of State Institutions of Higher Learning 17 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 22, 2015 DRAFT DRAFT EXHIBITS Exhibit 1 Approval by the MS-ITS Board for the provision of software licenses and related support services for Mississippi State University with Ellucian Company, L.P. Exhibit 2 Real Estate items that were approved by the IHL Board staff subsequent to the November 20, 2014 Board meeting. Exhibit 3 Report of the payment of legal fees to outside counsel. 18 EXHIBIT 1 Exhibit 1 January 22, 2015 EXHIBIT 1 Exhibit 1 January 22, 2015 EXHIBIT 2 January 22, 2015 SYSTEM: REAL ESTATE ITEMS APPROVED SUBSEQUENT TO THE November 20, 2014 BOARD MEETING SUBMISSION DEADLINE NOTE: THE FOLLOWING ITEMS WERE APPROVED BY THE BOARD'S REAL ESTATE AND FACILITIES STAFF ACCORDING TO BOARD POLICY §904 (A) BOARD APPROVAL. Change Order Approval Note: No change orders approved by Board staff, as reflected within any of the following informational agenda items, increase the Board approved total project budget. The total project budget as approved by the Board provides for a contingency fund, which allows for an increase in the construction budget of between five and ten percent. Any increase in the total project budget caused by a change order, would require Board approval and could not be approved by Board staff until the budget increase is approved by the Board. ALCORN STATE UNIVERSITY 1. ASU– GS 101-292 – Bowles Hall Renovation (Re-bid) Approval Request #1: Change Order #4 Board staff approved Change Order #4 in the amount of $18,504.08 and seventy-five (75) additional days to the contract of Flagstar Construction. Approval is requested from the Bureau of Building, Grounds, and Real Property Management. Approval Status & Date: APPROVED, October 28, 2014 Change Order Summary: Change Order #4 is necessary to: install ACT ceilings in electrical rooms and IT room; add 2 footings under the column supports outside one door; add a curtain track & support system; add rough-in for three additional security cameras and a television outlet; change the shade band width at one of the board rooms; and add additional days for work as indicated herein. Total Project Change Orders and Amount: Four (4) change orders for a total amount of $45,867.72. Project Initiation Date: August 18, 2011 Design Professional: Burris/Wagnon Architects, P.A. General Contractor: Flagstar Construction Project Budget: $8,200,000.00 2. ASU– GS 101-294 – Utility Infrastructure (Fire Suppression) Approval Request #1: Change Order #2 Board staff approved Change Order #2 in the amount of $26,496.48 and one hundred six (106) additional days to the contract of Sullivan Enterprises, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property Management. Approval Status & Date: APPROVED, October 28, 2014 Change Order Summary: Change Order #2 is necessary to: remove two storefront windows & install new aluminum windows; repair & repaint the canopy over the building entry; replace the existing double entry doors into the basement mechanical room; remove eight existing supply air diffusers & related duct penetrations in some of Page 1 of 10 EXHIBIT 2 January 22, 2015 the stairways; replace the AHU disconnect with auxiliary contacts for connection of the duct smoke detector shutdown; and add additional days for work as indicated herein. Total Project Change Orders and Amount: Two (2) change orders for a total amount of $46,731.94. Project Initiation Date: March 21, 2013 Design Professional: Atherton Consulting Engineers, Inc. General Contractor: Sullivan Enterprises, Inc. Project Budget: $1,292,079.00 DELTA STATE UNIVERSITY 3. DSU– GS 102-237 – Caylor White Walters Phase III Rebid (GC002) Approval Request #1: Change Order #1 Board staff approved Change Order #1 in the amount of $118,995.08 and three hundred twenty-eight (328) additional days to the contract of Merit Construction, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property Management. Approval Status & Date: APPROVED, November 10, 2014 Change Order Summary: Change Order #1 is necessary to: provide electrical connections to the x-ray equipment; float the existing slab elevation to meet the new elevations; add mixing valves to eyewash stations; add automatic transfer switch; add ground fault receptacles; route water lines to the Phase 1 toilets; reroute existing conduit and revise electrical plugmold; add exit signs; reroute plumbing and sprinkler piping; provide a new exit doorway for a secondary exit at the planetarium; offset fire riser as it was too close to a wall; provide additional variable air volume boxes for phase II construction: add additional days for work as indicated herein. Total Project Change Orders and Amount: One (1) change order for a total amount of $118,995.08. Project Initiation Date: August 19, 2010 Design Professional: Architecture South, P.A. General Contractor: Merit Construction, Inc. Project Budget: $8,221,162.87 4. DSU– GS 102-255 – Central Mechanical Plant Phase II Approval Request #1: Schematic Design Documents Board staff did NOT approve the Schematic Design Documents as submitted by ERG. Approval Request #2: Design Development Documents Board staff did NOT approve the Design Development Documents as submitted by ERG. Approval Status & Date: NOT APPROVED, October 30, 2014 Approval Request #3: Contract Documents Board staff approved Contract Documents as submitted by ERG, design professional. Approval Request #4: Advertise & Receive Bids Board staff approved the request to advertise and receive bids. Approval Status & Date: APPROVED, October 30, 2014 Project Initiation Date: August 15, 2013 Design Professional: ERG Page 2 of 10 EXHIBIT 2 January 22, 2015 General Contractor: TBD Project Budget: $2,000,000.00 JACKSON STATE UNIVERSITY 5. JSU– GS 103-275 – Administration Tower Exterior Waterproofing Approval Request #1: Change Order #2 Board staff approved Change Order #2 in the amount of $28,402.80 and zero (0) additional days to the contract of Coleman Hammons Construction Company, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property Management. Approval Status & Date: APPROVED, November 10, 2014 Change Order Summary: Change Order #2 is necessary to: provide material, labor, supervision, overhead, and profit to construct the all-glass entrance at Lobby 900. Total Project Change Orders and Amount: Two (2) change orders for a total amount of $97,162.80. Project Initiation Date: April 18, 2013 Design Professional: Burris/Wagnon Architects, P.A. General Contractor: Coleman Hammons Construction Company, Inc. Project Budget: $2,804,452.00 6. JSU– GS 103-278 – School of Engineering Phase II Approval Request #1: Design Development Documents Board staff approved the Design Development Documents as submitted by Cooke Douglass Farr Lemons Architects & Engineers. Approval Status and Date: APPROVED, November 6, 2014 Project Initiation Date: February 21, 2013 Design Professional: Cooke Douglass Farr Lemons Architects & Engineers General Contractor: TBA Project Budget: $1,963,643.41 MISSISSIPPI UNIVERSITY FOR WOMEN 7. MUW– GS 104-182 – Fant Library Renovation – PH II Approval Request #1: Change Order #3 Board staff approved Change Order #3 in the amount of $24,956.39 and zero (0) additional days to the contract of Amason & Associates, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property Management. Approval Status & Date: APPROVED, October 21, 2014 Change Order Summary: Change Order #3 is necessary to: relocate tunnel access & trench for fiber optics cable to optimize the library space; reconcile credit for installation of hollow metal frames & glazing at the cell phone booth that was requested to be removed from the project; add foot valves and reconfigure pumps at the cooling tower; revise the circuitry to heat pump condensing units; relocate the existing site lighting conduits to allow the gas meter to be relocated. Page 3 of 10 EXHIBIT 2 January 22, 2015 Total Project Change Orders and Amount: Three (3) change orders for a total amount of $38,532.17. Project Initiation Date: October 21, 2010 Design Professional: Burris/Wagnon Architects, P.A. General Contractor: Amason & Associates, Inc. Project Budget: $5,400,000.00 UNIVERSITY OF MISSISSIPPI 8. UM– IHL 207-370 – Turner Center Basement Renovation Approval Request #1: Change Order #2 Board staff approved Change Order #2 in the amount of $12,852.10 and thirty-five (35) additional days to the contract of D. Carroll Construction, LLC. Approval Status & Date: APPROVED, October 17, 2014 Change Order Summary: Change Order #2 is necessary to: add an electrical closet with associated hardware; to add power, data & breakers for vending machines; add locking mechanism on the bathroom door; add air distribution grille; paint unistrut; extend the privacy walls; add solid surface cap and epoxy base; add additional site fencing and exit hardware; and to add additional days for work as indicated herein. Total Project Change Orders and Amount: Two (2) change orders for a total amount of $60,694.41. Project Initiation Date: March 21, 2013 Design Professional: The McCarty Company - Design Group, P.A. General Contractor: D. Carroll Construction, LLC Project Budget: $1,500,000.00 9. UM– IHL 207-375 – Student Housing Phase II Approval Request #1: Contract Documents Board staff approved Contract Documents as submitted by The McCarty Company Design Group, P.A., design professional. Approval Request #2: Advertise & Receive Bids Board staff approved request to advertise and receive bids. Approval Status & Date: APPROVED, November 3, 2014 Project Initiation Date: November 21, 2013 Design Professional: The McCarty Company – Design Group, P.A. General Contractor: TBD Project Budget: $40,000,000.00 10. UM – IHL 207-384 – Vaught-Hemingway Stadium – West Skybox Renovation Approval Request #1: Schematic Design Documents Board staff approved the Schematic Design Documents as submitted by Cooke Douglass Farr Lemons Architects & Engineers, P.A. Approval Request #2: Waiver of Design Development Documents Board staff approved the Waiver of Design Development Documents as submitted by Cooke Douglass Farr Lemons Architects & Engineers, P.A. Page 4 of 10 EXHIBIT 2 January 22, 2015 Approval Status & Date: APPROVED, October 27, 2014 Approval Request #3: Contract Documents Board staff approved Contract Documents as submitted by Cooke Douglass Farr Lemons Architects & Engineers, P.A., design professional. Approval Request #4: Advertise & Receive Bids Board staff approved request to advertise and receive bids. Approval Status & Date: APPROVED, November11, 2014 Project Initiation Date: August 21, 2014 Design Professional: Cooke Douglass Farr Lemons Architects & Engineers, P.A. General Contractor: TBD Project Budget: $3,500,000.00 11. UM– IHL 207-390 – Vaught-Hemingway Stadium - South End Zone Approval Request #1: (INTERIM): Budget Increase In accordance with Board Policy §904 (B) Board Approval, Interim Chair Approval was granted by Mr. C. D. Smith, Chair of the Real Estate and Facilities Committee on October 30, 2014 to approve the Budget Increase from $14,422,273.00 to $14,922,273.00 for a total increase of $500,000.00. Interim Approval Status & Date: APPROVED, October 30, 2014 Approval Request #2: Contract Documents Board staff approved Contract Documents as submitted by AECOM, design professional. Approval Request #3: Advertise & Receive Bids Board staff approved request to advertise and receive bids. Approval Status & Date: APPROVED, November 6, 2014 Project Initiation Date: August 21, 2014 Design Professional: AECOM General Contractor: TBD Project Budget: $14,422,273.00 UNIVERSITY OF MISSISSIPPI MEDICAL CENTER 12. UMMC – GS 109-195 Adult Emergency Department Renovations (AED) Approval Request #1: Change Order #11 Board staff approved Change Order #11 in the amount of $140,983.00 and one hundred fifty (150) additional days to the contract of Flagstar Construction Company, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property Management. Approval Status & Date: APPROVED, October 21, 2014 Change Order Summary: Change Order #11 is necessary to: make adjustments to the partition layout in order to install the new work (due to latent conditions discovered during demolition); reroute existing heating water, domestic water, medical gas, steam, and sanitary lines; add additional days for work as indicated herein. Total Project Change Orders and Amount: Eleven (11) change orders for a total amount of $1,205,953.98. Project Initiation Date: November 14, 2007 Page 5 of 10 EXHIBIT 2 January 22, 2015 Design Professional: Dale/Morris Architects, PLLC General Contractor: Flagstar Construction Company, Inc. Project Budget: $11,755,000.00 13. UMMC – IHL 109-210 School of Medicine Approval Request #1 (INTERIM): Budget Increase In accordance with Board Policy §904 (B) Board Approval, Interim Chair Approval was granted by Mr. C. D. Smith, Chair of the Real Estate and Facilities Committee on October 30, 2014 to approve the budget increase from $35,500,000.00 to $66,000,000.00, an increase of $30,500,000.00. Interim Approval Status & Date: APPROVED, October 30, 2014 Approval Request #2: Contract Documents Board staff approved Contract Documents as submitted by Cooke Douglass Farr Lemons + Eley Guild Hardy - A Joint Venture, design professionals. Approval Request #3: Advertise & Receive Bids Board staff approved request to advertise and receive bids. Approval Status & Date: APPROVED, October 31, 2014 Project Initiation Date: June 16, 2011 Design Professional: Cooke Douglass Farr Lemons + Eley Guild Hardy – A Joint Venture General Contractor: TBD Project Budget: $66,000,000.00 14. UMMC – IHL 209-532 Cardiovascular Renovations Approval Request #1: Change Order #17R1 Board staff approved Change Order #17R1 in the credit amount of $423,345.09 and zero (0) additional days to the contract of Fountain Construction Company, Inc. Approval Status & Date: APPROVED, October 21, 2014 Change Order Summary: Change Order #17R1 is necessary to: add credit for web-based building management system, including signage, hardware, card access controls, CATV, pneumatic tube system & owner’s contingency; provided swing stage and scaffolding; add employees to assist the testing agencies in exploration of the envelope; add Code Blue outside of the elevators on all four levels for emergency conditions. Total Project Change Orders and Amount: Seventeen (17) change orders for a total amount of $401,701.75. Project Initiation Date: February 18, 2010 Design Professional: Cooke Douglass Farr Lemons Architects & Engineers, P.A. General Contractor: Fountain Construction Company, Inc. Project Budget: $20,182,526.00 15. UMMC– IHL 209-534C Contract III - Parking/Roadways (Garage C /Package B) Approval Request #1: Award of Construction Contract Board staff approved the Award of Contract in the amount of $4,758,858.96 to the apparent low bidder, Hemphill Construction Company, Inc. Approval Status & Date: APPROVED, October 28, 2014 Page 6 of 10 EXHIBIT 2 January 22, 2015 Project Initiation Date: April 14, 2010 Design Professional: Cooke Douglass Farr Lemons, Architects & Engineers, P.A. General Contractor: Hemphill Construction Company, Inc. Project Budget: $13,750,000.00 16. UMMC– IHL 209-537 Garage C & Roadway Revisions (Package A) Approval Request #1: Award of Construction Contract Board staff approved the Award of Contract in the amount of $17,896,000.00 to the apparent low bidder, Roy Anderson Corporation. Approval Status & Date: APPROVED, October 28, 2014 Project Initiation Date: August 19, 2010 Design Professional: Timothy Haas & Associates, Inc. General Contractor: Roy Anderson Corporation Project Budget: $20,000,000.00 17. UMMC– IHL 209-544A Translational Research Center – Contract I-Site Work/Equipment Procurement Approval Request #1: Change Order #2 Board staff approved Change Order #2 in the amount of $790,201.00 and fifty-six (56) additional days to the contract of Evan Johnson & Sons Construction, Inc. Approval Status & Date: APPROVED, November 6, 2014 Change Order Summary: Change Order #2 is necessary to: add the basement slab with all associated plumbing & dock work; to reroute & connect the fire alarm service from the alumni house to the credit union; relocate the existing construction fence on the west side; repair the damaged storm sewer pipe & adjust the new gas line; add additional days for work as indicated herein. Total Project Change Orders and Amount: Two (2) change orders for a total amount of $845,909.00. Project Initiation Date: January 20, 2011 Design Professional: Foil Wyatt Architects and Planners, PLLC General Contractor: Evan Johnson & Sons Construction, Inc. Project Budget: $43,032,000.00 18. UMMC– IHL 209-548 School of Medicine-Utilities Approval Request #1: Change Order #6 Board staff approved Change Order #6 in the credit amount of $38,255.00 and twelve (12) additional days to the contract of Fountain Construction Company, Inc. Approval Status & Date: APPROVED, November 11, 2014 Change Order Summary: Change Order #6 is necessary to: add the fabrication & installation of a custom pull box to be attached to the existing medium voltage pad mount switch; remove & replace approximately 170 ft. of existing 12 in. fire main; to deduct for various additions & deductions from the scope of site work; add additional days for work as indicated herein. Total Project Change Orders and Amount: Six (6) change orders for a total amount of $83,532.00. Page 7 of 10 EXHIBIT 2 January 22, 2015 Project Initiation Date: August 15, 2013 Design Professional: Cooke Douglass Farr Lemons + Eley Guild Hardy – A Joint Venture General Contractor: Fountain Construction Company, Inc. Project Budget: $10,000,000.00 19. UMMC– IHL 209-550 Wiser Women’s Urgent Care Renovations Approval Request #1: Contract Documents Board staff approved Contract Documents as submitted by The McCarty Company Design Group, P.A., design professional. Approval Request #2: Advertise & Receive Bids Board staff approved request to advertise and receive bids. Approval Status & Date: APPROVED, October 28, 2014 Project Initiation Date: January 16, 2014 Design Professional: The McCarty Company – Design Group, P.A. General Contractor: TBD Project Budget: $1,682,000.00 UNIVERSITY OF SOUTHERN MISSISSIPPI 20. USM– GS 108-267 College of Business Building Approval Request #1: Change Order #16 Board staff approved Change Order #16 in the amount of $151,461.26 and twenty (20) additional days to the contract of Hanco Corporation. Approval Status & Date: APPROVED, October 21, 2014 Change Order Summary: Change Order #16 is necessary to: add work related to LED & screen revisions; accommodate changes in the audio/visual electrical scope; insulate the exterior condenser water lines; add 2 light fixtures; add additional days for work as indicated herein. Approval Request #2: Change Order #17 Board staff approved Change Order #17 in the amount of $32,321.89 and zero (0) additional days to the contract of Hanco Corporation. Approval Status & Date: APPROVED, October 22, 2014 Change Order Summary: Change Order #17 is necessary to: modify & add exterior aluminum lettering; change the brick entrance pavers to a three color blend pattern; add a dishwasher connection; add terminations to the security camera cables; add acoustical panels. Total Project Change Orders and Amount: Seventeen (17) change orders for a total amount of $1,294,599.56. Project Initiation Date: March 2, 2005 Design Professional: Eley Guild hardy Architects, P.A./Studio South Architects, PLLC – A Joint Venture General Contractor: Hanco Corporation Project Budget: $34,000,000.00 Page 8 of 10 EXHIBIT 2 January 22, 2015 21. USM – IHL 208-297 Dorm Replacement Phase II - Century Park South Approval Request #1: Change Order #3 Board staff approved Change Order #3 in the credit amount of $66,077.00 and zero (0) additional days to the contract of Harrell Contracting Group. Approval Status & Date: APPROVED, November 14, 2014 Change Order Summary: Change Order #3 is necessary to: deduct for eliminating 2 bores & taps at 4th street; purchase & install extra Aquaflash waterproofing & backstop at fascia of curtain walls; add temporary electrical work required for removal of the existing generator; add hydrated lime at the east road; deduct for changes in ceiling materials; add required CMU & tooling; add access control devices on doors in 3 buildings; add structural stud framing; increase the breaker size and revise the quad receptacles; relocate access doors in buildings B & C; change access control locks on 3 lobby office doors; add a retaining wall, inlet & piping to control the storm water at the existing mechanical room door in the central plant; add civil work to relocate east/west ends of Spirit Park bike path; add new drywall & framing at the Lucky Day stair; reroute the ductwork in the Lucky Day multipurpose room; run electrical conduit to all floors in 3 buildings for cable TV; revise Spirit Park walk and bike path; revise the walls at the dryers to accommodate fresh air chase; provide emergency power to existing elevator; add GPR services at proposed duct bank relocation; install catch basin & piping; add electrical revisions to provide power & disconnect for a floor mounted FCU in lieu of a ceiling mounted one; add hand rails for the cooling tower catwalk; add wire mesh in sidewalks; add back-filling of subsoils and duct bank removal; add credit associated with FCU & shower backing, add cost for insurance premium for the Frank Day statue one day setting; add costs for revising and rerouting of landscape irrigation piping; relocate outlets and a thermostat; remove an in-place traffic island; restriping for additional ADA parking spaces and a new ADA curb ramp; add civil work to set border pavers in the cement along Spirit Park walk; add framing & drywall for drapery pocket in building A; revise sod & mulch along black and gold; add 3 emergency phones in the fifth floor stairwells in 3 buildings; provide & install temporary & permanent CO2 detectors; add wireless access point at building C; change receptacles in building C; replace B4 operator damaged by students; reconcile allowance for HVAC DDC controls. Total Project Change Orders and Amount: Three (3) change orders for a total amount of $242,268.00. Project Initiation Date: April 15, 2010 Design Professional: The McCarty Company – Design Group, P.A. General Contractor: Harrell Contracting Group Project Budget: $55,600,000.00 22. USM– IHL 208-313 Fine Arts Complex Tornado Repairs & Renovations – PH II Approval Request #1: Change Order #3 Board staff approved Change Order #3 in the amount of $64,528.09 and sixty (60) additional days to the contract of BW Sullivan Building Contractor, Inc. Approval Status & Date: APPROVED, October 30, 2014 Page 9 of 10 EXHIBIT 2 January 22, 2015 Change Order Summary: Change Order #3 is necessary to: replace the existing lighting system with a new dimmable lighting system, add new VCT flooring in several small offices, add 4 new data drops; add additional days for work as indicated herein. Total Project Change Orders and Amount: Three (3) change orders for a total amount of $234,635.44. Project Initiation Date: June 4, 2013 Design Professional: Allred Architectural Group General Contractor: BW Sullivan Building Contractor, Inc. Project Budget: $5,402,303.84 23. USM – IHL 208-328 Walker Science Building Mechanical Repairs Approval Request #1 (INTERIM): Initiation and Appointment of Design Professional In accordance with Board Policy §904 (B) Board Approval, Interim Chair Approval was granted by Mr. C. D. Smith, Chair of the Real Estate and Facilities Committee on October 22, 2014 to approve the initiation of the Walker Science Building Mechanical Repairs project and the appointment of the design professional. Interim Approval Status & Date: APPROVED, October 22, 2014 Project Initiation Date: October 22, 2014 Design Professional: Corbett Legge and Associates General Contractor: TBD Project Budget: $1,191,365.00 Page 10 of 10 EXHIBIT 3 January 22, 2015 1. SYSTEM - REPORT OF PAYMENTS TO OUTSIDE COUNSEL Legal fees approved for payment to outside counsel in relation to litigation and other matters: Payment of legal fees for professional services rendered by Evans Petree (statements dated 10/7/14 and 11/4/14) from the funds of the University of Mississippi. (These statements, in the amounts of $885.00 and $1,106.25, respectively, represent services and expenses in connection with legal advice and litigation matters.) TOTAL DUE……………………………….…….………………$ 1,991.25 Payment of legal fees for professional services rendered by Ware/Gasparian (statements dated 6/1/14, 6/26/14, 10/1/14, 10/1/14, 10/1/14, 11/1/14, 11/1/14, 11/1/14, 11/1/14, 11/1/14 and 11/1/14) from the funds of the University of Mississippi. (These statements, in the amounts of $2,500.00, $2,500.00, $2,000.00, $3,000.00, $2,000.00, $5.75, $71.00, $54.76, $2,500.00, $2,500.00 and $5.75, respectively, represent services and expenses in connection with immigration/labor certifications.) TOTAL DUE……………………………….…….………………$ 17,137.26 Payment of legal fees for professional services rendered by Bryan/Nelson (statement dated 11/5/14) from the funds of the University of Southern Mississippi. (This statement, in the amount of $1,537.00, represents services and expenses in connection with legal advice.) TOTAL DUE……………………………….…….………………$ 1,537.00 Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statements dated 11/12/14) from the funds of the University of Southern Mississippi. (These statements, in the amounts of $19,270.36 and $6,276.41, represent services and expenses in connection with legal advice and litigation matters.) TOTAL DUE……………………………….…….………………$ 25,546.77 Payment of legal fees for professional services rendered by Mayo Mallette (statements dated 11/7/14 and 12/8/14) from the funds of the University of Southern Mississippi. (These statements, in the amounts of $297.00 and $247.50, respectively, represent services and expenses in connection with legal advice.) TOTAL DUE……………………………….…….………………$ Page 1 of 4 544.50 EXHIBIT 3 January 22, 2015 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 9/23/14, 9/23/14, 9/23/14, 9/23/14, 9/23/14, 10/13/14, 10/13/14, 11/14/14, 11/14/14 and 11/14/14) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “SteelePenmetsa- Water Repellent Solids Non-Prov.” - $100.00; “Weed- Pelvic Floor Strength Assessment Device” - $70.00; “Laser-Induced Breakdown Spectroscopy for Specimen Analysis” - $900.00; “Live Attenuated Catfish Vaccine” - $50.00; “Alcohol Esterification (Condensor Train)” - $1,872.00; “Live Attenuated Catfish Vaccine” - $408.00; “Steele-Penmetsa- Water Repellent Solids Non-Prov.” - $288.00; “Alcohol Esterification Condensor Train” - $240.00; “Kim- Listeria and Salmonella Assay Methods and Kits” - $3,545.00 and “Kim- Vibrio Assay Methods and Kits” - $5,247.00, respectively.) TOTAL DUE……………………………….…….………………$ 12,720.00 Payment of legal fees for professional services rendered by Larry Schemmel (statements dated 10/20/14, 10/20/14, 10/20/14, 10/20/14, 10/20/14, 10/20/14, 10/20/14, 10/20/14, 10/20/14, 10/20/14, 10/20/14, 10/20/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14, 10/24/14 and 10/24/14) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “MSU- Patent Functional Enhancement of Antimicrobials” $2,681.25; “Occidiofungin, a Unique Antifungal Glycopeptide” - $498.75; “Oral Vaccination of Fish with Live Attenuated Edwardsiella Ictaluri Vaccines” - $1,377.50; “Generation of Imazapic Resistance Switchgrass Population” - $71.25; “Crape Myrtle Plant Named (Neshoba)” - $933.75; “Crape Myrtle Plant Named (Pascagoula)” - $1,123.75; “Crape Myrtle Plant Named (Sequoyah)” - $1,005.00; “Crape Myrtle Plant Named (Shumaka)” - $981.25; “Crape Myrtle Plant Named (Tishomingo)” - $1,147.50; “Molecular Design and Chemical Synthesis of Pharmaceutical-Ligands” - $3,657.50; “Use of Burkholderia Contaminans MS14 and Occidiofungin as a Fungicide against Plant Pathogens” - $65.00; “MSU Interlocking MS Baseball/Thin (Logo) Application for Trademark Registration” - $275.00; “MSU Trademark Registration Application – Left Field Lounge” - $593.75; “MSU Method and System for Estimating Age of an Animal” - $380.00; “Southern Gardening Service Mark Registration” $792.50; “MSU- Patent Functional Enhancement of Antimicrobials” - $1,068.75; “Occidiofungin, a Unique Antifungal Glycopeptide” - $166.25; “Oral Vaccination of Fish with Live Attenuated Edwardsiella Ictaluri Vaccines” - $3,152.50; “Generation of Imazapic Resistance Switchgrass Population” - $65.00; “Crape Myrtle Plant Named (Neshoba)” - $380.00; “Crape Myrtle Plant Named (Pascagoula)” - $480.00; “Crape Myrtle Plant Named (Sequoyah)” $403.75; “Crape Myrtle Plant Named (Shumaka)” - $403.75; “Crape Myrtle Plant Named (Tishomingo)” - $427.50; “Molecular Design and Chemical Synthesis of PharmaceuticalLigands” - $736.25; “Improving Rice Nutrition and Taste via Disruption of Grain Starch Crystalline, Fortification Treatment and Recrystallization” - $47.50; “Occidiofungin, a Unique Antifungal Glycopeptide Produced by a Strain of Burkholderia Contaminants” - $546.25; Page 2 of 4 EXHIBIT 3 January 22, 2015 “Phenoxyalkl Pyridium Oxime Therapeutics for the Treatment of Organophosphate Poisoning Patent Application” - $308.75; “Using Biochar, a Byproduct from Thermal Chemical Conversion of Biomass, as Container Substrate for Plant Growth” - $712.50; “Change Analysis” - $1,448.75; “Methods for Viral and Bacterial Antigenic Drift Detection” - $302.50; “Error-prone PCR (epPCR) Reverse Genetics Generating Influenza Library for Phenotype Selection” - $302.50; “Neshoba Crape Myrtle Trademark Registration” - $821.25; “Sequoyah Crape Myrtle Trademark Registration Application” - $678.75; “Pascagoula Crape Myrtle Trademark Registration Application” - $868.75; “Shumaka Crape Myrtle Trademark Registration Application” - $940.00; “Tishomingo Crape Myrtle Trademark Registration Application” $845.00; “Phenoxyalkl Pyridium Oxime Therapeutics for Treatment of Organophosphate Poisoning” - $1,892.50; “Method for Obtaining Unit Transmission in Nanodevice Electron Propagation” - $213.75; “Phenoxyalkl Pyridum Oxime Therapeutics for Treatment of Organophosphate Poisoning” - $1,258.75; “Method for Delivering Nebulized Medicine” $130.00; “Utilization of Oleaginous Microorganisms as a Nutritional Supplement for Animals” $65.00 and “Method for Repeatedly Trapping of Individual Airborne Absorbing Particles” $473.75, respectively.) TOTAL DUE……………………………….…….………………$ 34,623.75 Payment of legal fees for professional services rendered by Stites & Harbison (statements dated 8/15/14, 8/15/14, 10/17/14, 10/17/14, 10/17/14, 10/17/14, 11/14/14, 11/14/14, 11/14/14 and 11/14/14) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Methods for Synthesizing Graphene from a Lignin Source” - $28.50; “Enhancers of Paraoxanase 1 (PON1) Activity toward Degrading Organophosphates” - $472.50; “Process and Catalysts for Converting Biomass/Municipal Solid Wastes (MSW) Derived Nitrogen-Rich Syngas to Liquid Hydrocarbon Mixtures” - $361.00; “Extruder Device” - $446.50; “Methods of Synthesizing Graphene from a Lignin Source” - $196.50; “Noval Catalysts and Process for Liquid Hydrocarbon Fuel Production” - $823.50; “Noval Catalysts and Process for Liquid Hydrocarbon Fuel Production” $908.48; “Noval Catalysts and Process for Liquid Hydrocarbon Fuel Production” - $1,724.00; “Extruder Device” - $359.00 and “Process and Catalysts for Converting Biomass/Municipal Solid Wastes (MSW) Derived Nitrogen-Rich Syngas to Liquid Hydrocarbon Mixtures” $325.00, respectively.) TOTAL DUE……………………………….…….………………$ 5,644.98 Payment of legal fees for professional services rendered by Armstrong Teasdale (statements dated 11/14/14) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “Multi-Beam Differential Laser Interferometric Vibration Sensor” - $350.00 and “Multi-Beam Differential Laser Interferometric Vibration Sensor” - $15.12.) TOTAL DUE……………………………….…….………………$ Page 3 of 4 365.12 EXHIBIT 3 January 22, 2015 Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statement dated 10/24/14) from the funds of the University of Mississippi. (This statement represents services and expenses in connection with the following patent: “Animal Model of Anxiety and Depression” - $3,912.00.) TOTAL DUE……………………………….…….………………$ 3,912.00 Payment of legal fees for professional services rendered by Stites & Harbison (statements dated 10/16/14) from the funds of the University of Mississippi. (These statements represent services and expenses in connection with the following patents: “Highly Purified Amphotericin-B” $721.00; “Highly Purified Amphotericin-B” - $1,100.00; “Highly Purified Amphotericin-B” $209.00; “Highly Purified Amphotericin-B” - $637.00; “Highly Purified Amphotericin-B” $614.00; “Highly Purified Amphotericin-B” - $606.00; “Stabilized Formulation of Triamcinolone Acetonide” - $250.00 and “Miscellaneous IP Matters” - $28.50.) TOTAL DUE……………………………….…….………………$ 4,165.50 Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statement dated 11/13/14) from the funds of the University of Southern Mississippi. (This statement represents services and expenses in connection with the following patent: “Trademark Application for the Centennial Anniversary” - $120.00.) TOTAL DUE……………………………….…….………………$ 120.00 Payment of legal fees for professional services rendered by Larry Schemmel (statements dated 10/23/14, 10/23/14, 10/23/14, 10/23/14, 10/23/14, 10/23/14, 10/23/14, 10/30/14, 10/30/14, 10/30/14, 10/30/14, 10/30/14, 10/30/14, 10/30/14, 10/30/14 and 10/30/14) from the funds of the University of Southern Mississippi. (These statements represent services and expenses in connection with the following patents: “Compositions for Protection of Skin against Thermal Insult.” - $2,012.50; “SportEvac Trademark” - $380.00; “Preparation of Transition Metal Nanoparticles and Surfaces” - $900.00; “Method of Attaching Drug Compounds to NonReactive Polymer Surfaces” - $400.00; “Auto-Positioning Ultrasonic Transducer System” $440.00; “The Abbey Program/British Studies Program/The Compass ProgramTrademark/Copyright” - $2,398.75; “USM/FFC IP Matter” - $166.25; “ USM/FFC IP Matter” $427.50; “The Abbey Program/British Studies Program/The Compass ProgramTrademark/Copyright” - $1,971.25; “Southern Miss to the Top Trademark/Service Mark Registration Applications” - $950.00; “Compositions for Protection of Skin against Thermal Insult.” - $308.75; “Application for Registration of D.E.E.P. Comprehension Service Mark” $71.25; “SportEvac Trademark” - $498.75; “Chain Transfer Agents for RAFT Polymerization in Aqueous Media” - $900.00; Chain Transfer Agents for RAFT Polymerization in Aqueous Media” - $900.00 and “SESA Service Mark Logo” - $213.75, respectively.) TOTAL DUE……………………………….…….………………$ Page 4 of 4 12,938.75 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 30, 2015 DRAFT DRAFT BE IT REMEMBERED, That the Mississippi Board of Trustees of State Institutions of Higher Learning of the State of Mississippi met in a special called teleconference meeting held at the Board Office in Jackson, Mississippi, at 10:00 a.m. At the above-named place there were present the following members to wit: Mr. H. Ed Blakeslee (by phone), Mrs. Karen L. Cummins (by phone), Dr. Ford Dye (by phone), Mr. Shane Hooper (by phone), Mr. Bob Owens, Mr. Hal Parker (by phone), Mr. Aubrey B. Patterson (by phone), Mr. Alan Perry, Ms. Christine Pickering (by phone), Mrs. Robin Robinson (by phone); Dr. Douglas Rouse (by phone), and Mr. C.D. Smith (by phone). The meeting was called to order by Mr. Aubrey Patterson, President. In accordance with Miss. Code Ann., §25-41-1, as amended, all votes taken during this teleconference meeting were recorded by name in a roll-call. The teleconference meeting was held to discuss a financial matter and a prospective real estate transaction at one of the public universities. FINANCE AGENDA Presented by Trustee Alan Perry, Chair On motion by Trustee Perry, seconded by Trustee Blakeslee, all Trustees legally present and participating voted unanimously to approve agenda item #1 as submitted on the Finance Agenda. 1. JSU – Approved a Resolution regarding a “Bond Project” which authorizes the JSU Educational Building Corporation (JSU/EBC) to issue up to a maximum aggregate principal amount of $72,000,000 of long-term fixed-rate bonds for the purpose of (1) advance refunding of all or a portion of the JSU/EBC Revenue Bonds, Series 2006-A (Campus Facilities Project) (the “2006A Bonds”), (2) current refunding of all or a portion of the JSU/EBC Revenue Bonds, Series 2007 (Campus Facilities Project) (the “2007 Bonds”), (3) terminating a forward SWAP agreement associated with the 2007 Bonds, and (4) acquiring and renovating The Palisades apartment complex in order to incorporate those units into JSU’s student housing stock. The Board also approved the related bond documents in substantially final form, including the lease, ground lease, preliminary official statement, and continuing disclosure agreement, and the authority to execute these documents. The Resolution would also separately approve and authorize execution of The Palisades purchase agreement. Bond Counsel is Butler Snow LLP, and co-Bond Counsel – Betty A. Mallett, PLLC. The Underwriters are Morgan Stanley & Company, LLC, as senior Underwriter with Wells Fargo Securities and Raymond James & Associates, Inc. as co-managers. The Financial Advisor is Comer Capital Group, LLC. The Bond Project was approved for initiation by the Board at its January 22, 2015 meeting. The Bond Project includes funding to acquire and renovate The Palisades apartment complex, currently being leased by JSU. Initiation of The Palisades project was approved by the Board at 1 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 30, 2015 DRAFT DRAFT its December 18, 2014 meeting. By carrying out this Bond Project, the JSU/EBC expects to (1) with respect to the 2006-A Bonds, refund at a lower fixed interest rate and thus realize a Net Present Value Savings of approximately $600,000 or 6%, based on current market conditions, (2) with respect to the 2007 Bonds, refund such variable rate bonds as fixed rate bonds to avoid an interest rate increase from 5% to 8% on such bonds and thereby avoid having the overall cost of capital associated with the 2007 Bonds increase to approximately 13% (given the commencement of cash flows related to the forward SWAP agreement connected to the 2007 Bonds), (3) terminate the SWAP agreement associated with the 2007 Bonds, and (4) purchase and renovate The Palisades apartments to provide additional housing for JSU students where such housing will be owned by the JSU/EBC rather than being leased by JSU. Based on the Financial Advisor’s Report, the JSU/EBC anticipates receiving a premium of approximately $11,080,906 in addition to the par amount of the bond proceeds. The use of the new JSU/EBC bond proceeds plus premium will be as follows: Approximately $9,945,000 will be used to refund the 2006-A Bonds; approximately $45,756,000 will be used to refund the 2007 Bonds; approximately $14,110,000 (as of January 23, 2014, but subject to fluctuation) will be used to terminate or unwind the SWAP associated with the 2007 Bonds, and approximately $10,000,000 will be used to acquire and renovate The Palisades. The remaining balance of approximately $704,906 will be used to pay transaction costs and reserve for changes in SWAP unwind costs and bond pricing. The JSU/EBC refunding bonds will generate Net Present Value Savings of at least 3%. The maturity dates for the new bonds will be structured to match the maturity dates of the bonds being refunded. However, the new bonds allocated for The Palisades acquisition and renovation will have a 30 year term, in any event, the final maturity of the fixed-rate refunding bonds will be no longer than March 1, 2045. The JSU/EBC will issue up to a maximum of $72,000,000 par value in fixed rate bonds. Based on the Financial Advisor’s Report dated January 23, 2015, the proposed debt amortization will have an average annual debt payment of $3,546,447 million at a true interest cost of 2.9826%. The analysis provided by the JSU/EBC’s SWAP Advisor assumes that potentially $14,255,000 may be issued as taxable bonds (the amount to unwind the SWAP agreement as of Jan. 21, 2015). This amount is subject to change between now and the bond issuance date, depending on market conditions. Debt payments on the JSU/EBC bonds issued for this Project will be serviced by revenue from various sources, including lease payments from JSU and student housing fees from The Palisades. The Attorney General’s Office has reviewed and approved this item and the related documents. 2 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 30, 2015 DRAFT DRAFT REAL ESTATE AGENDA Presented by Trustee C.D. Smith, Chair On motion by Trustee Perry, seconded by Trustee Blakeslee, all Trustees legally present and participating voted unanimously to approve agenda item #1 as submitted on the Real Estate Agenda. 1. JSU – Approved the request to purchase real property adjacent to its main campus which includes a ten (10) building apartment complex known as The Palisades from REDUS Mississippi, LLC for $9,200,000, contingent upon Board approval of the funding through the JSU Educational Building Corporation (JSU/EBC). The university proposes to acquire The Palisades by and through the JSU/EBC. To finance the purchase, the JSU/EBC would issue bonds pursuant to Miss. Code § 37-101-61 et seq. The university currently leases the Palisades as student housing and is seeking to purchase the property to secure permanent housing for its students. The current one year lease term terminates on August 31, 2015. The property is located in Hinds County, Mississippi on approximately 7.3 acres and has been improved with a ten (10) building apartment complex known as The Palisades. The apartment complex consists of 144 units comprising 444 beds. These buildings were completed in 2002 for use as a student residential apartment complex. A detailed property description is included in the bound January 30, 2015 Board Working File. The JSU/EBC proposes to purchase the property from REDUS Mississippi, LLC for $9,200,000.00, contingent upon the issuance of bonds by the JSU/EBC. The tentative closing date shall be on or before March 1, 2015. JSU is acting in accordance with Board Policy §905(A), Real Estate Management, that requires an institution acquiring or disposing of real property to receive two independent appraisals. The purchase price of the property shall not be above the average of the two appraisals. JSU received two independent property appraisals. The first appraisal was in the amount of $9,450,000. The second appraisal was in the amount of $12,600,000. The average of the two appraisals is $11,025,000.00. The purchase price of $9,200,000 is below the average of the two appraisals and complies with Board Policy §905(A) Real Estate Management. A Phase I Environmental Site Assessment has been conducted on the property. Based on the site observations and research conducted, it was determined that there are no recognized environmental conditions associated with the site that warrant further inquiry at the present time. A copy of the Phase I Environmental Site Assessment, with the property description and all legal documentation are on file with the IHL Office of Real Estate and Facilities. The Attorney General’s Office has reviewed and approved this item. 3 MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 30, 2015 DRAFT DRAFT ADJOURNMENT There being no further business to come before the Board, on motion by Trustee Perry, seconded by Trustee Pickering, all Trustees legally present and participating voted unanimously to adjourn the meeting. _____________________________________________________________ President, Board of Trustees of State Institutions of Higher Learning _____________________________________________________________ Commissioner, Board of Trustees of State Institutions of Higher Learning 4 CONSENT AGENDAS BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA FINANCE February 18, 2015 Page 1 of 9 1. DSU-REQUEST FOR APPROVAL OF TECHNOLOGY MANAGEMENT AGREEMENT WITH ELLUCIAN, L.P. Agenda Item Request: Delta State University requests approval of the technology management contract between Delta State University and Ellucian, L.P. The contract will provide the complete services for the Office of Information Technology including professional management for technical, administrative systems, and instructional technology services. DSU also request prepayment of the monthly invoice as stated in Board policy 707.03. Contractor’s Legal Name: Ellucian Company, L.P. (Ellucian) History of Contract: In 2004, the first agreement was negotiated between Sungard Collegis, Inc. and Delta State University to provide management information services in support of the Office of Information Technology. The outsourcing of the OIT services was originally done due to lack of available trained technical staff in the area. Since that original contract, several amendments have been executed to modify and continue this service on the campus. In April, 2009, an amendment was executed to extend the contract through June 30, 2014. Ellucian, L.P. is the company presently providing series through a successor by assignment from SunGard Higher Education Managed Services, Inc. The contract includes a provision that requires written notice of a party’s intent to terminate the agreement at least twelve months prior to the date of expiration of the existing term or the agreement automatically extends for one additional year. The contract automatically renewed on July 1, 2014. The MS ITS Board and IHL Board approved the continuation of the agreement with Ellucian through June 30, 2015, in an amount not to exceed $1,700,000. The MS ITS Board also approved an ITS Exemption for the rebid and procurement of the technology management services for a period of five years, from July 1, 2015 through June 30, 2020, in an amount not to exceed $8,500,000 cumulative. Specific Type of Contract: Amendment to a professional services agreement Purpose: Ellucian, L.P. will contract the management of the university’s technology management services. This contract will include the leadership, management, and campus services for the university’s three technology service areas: Information Technology Services, Technology Learning Center and Telecommunications. Scope of Work: The contract will consist of providing technology leadership, management, and day-to-day operations for all areas of the institutional technology operations, up to and including leadership of the administrative, instructional, desktop BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA FINANCE February 18, 2015 Page 2 of 9 services, audio-visual, and telecommunications units and all services provided therein. It includes the maintenance and operation of all university systems including, but not limited to, Banner ERP System, Cisco Networking Infrastructure, Instructor Canvas Learning Management System, WordPress Web Content Management System, Nortel Telecommunications System, Exchange Email System, and Microsoft and Linux Server Environment. Term of Contract: The term of this amendment is for five (5) years, beginning July 1, 2015 through June 30, 2020. Termination Options: The agreement may be terminated due to a default without cure within the allotted time not to exceed 60 days. The contract includes a provision that requires written notice of a party’s intent to terminate the agreement at least twelve months prior to the date of expiration of the existing term or the agreement automatically extends for one additional year with all the same terms and conditions then in effect. Contract Amount: The contract has an annual fee of $1,676,520 with monthly payments of $139,710 due in advance. The estimated total contract amount for the five year period is $8,382,600. The contract has annual CPI escalator and a clause that limits any fee escalators from increasing the aggregate expenditure of the contract above the $8,500,000 expenditure authority without additional state-required approvals. Funding Source of Contract: The agreement will be funded by Auxiliary Funds and General Funds. Contractor Selection Process: Delta State University invited sealed proposals for provision of the outsourcing of technology services of the University. The RFP was publicly posted on September 23 and 30, 2014, with proposals due October 24, 2012. The proposals from product independent and vendor neutral firms were to provide professional management, technical, administrative systems, and instructional technology services. The purpose and intent of the RFP was to identify and enter into a Technology Management Partnership for a minimum of 5 years with a maximum of 7 years with a single qualified vendor. The only proposal received was from Ellucian Company, L. P. Staff Recommendation: Based on Board Policy 707.01, Land, Property and Service Contracts, Board approval is required prior to execution of the contract for all other land, personal property, and service contracts that require an aggregate total expenditure of more than $250,000. Based on Board Policy 707.03, Approval of Prepayment for Goods and Services, Board approval of a prepayment/waiver is required at the same time permission is sought from the Board under Board Policy BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA FINANCE February 18, 2015 Page 3 of 9 707.01. The agreement has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item. 2. MSU-REQUEST FOR APPROVAL TO ENTER INTO A LICENSE AGREEMENT WITH SPRINGER CUSTOMER SERVICE CENTER, LLC. Agenda Item Request: Mississippi State University (MSU) requests permission to enter a license agreement with Springer Customer Service Center, LLC for access to electronic journals for education and research purposes. Submission of the agreement for Board approval was delayed because the vendor had not agreed to incorporate MSU’s mandatory addendum. Now that the vendor has agreed to incorporate the addendum, MSU is requesting retroactive approval to January 1, 2015. Contractor’s Legal Name: Springer Customer Service Center, LLC (Springer) History of Contract: MSU first entered a license agreement with Springer on January 1, 2012. However, this agreement and other prior agreements with Springer did not exceed the $250,000 threshold requiring Board approval. Specific Type of Contract: License Agreement Purpose: The purpose of the agreement is to adjust the journals included in previous agreements and to update the pricing for 2015. Scope of Work: Springer will grant a license that allows authorized users to access information published by Springer through its online delivery platform. This information consists of 66 journals that authorized users can access for education and research purposes. Term of Contract: This term of the agreement is one year starting on January 1, 2015 and ending on December 31, 2015. Submission of the agreement for Board approval was delayed because the vendor had not agreed to incorporate MSU’s mandatory addendum. Now that the vendor has agreed to incorporate the addendum, MSU is requesting retroactive approval to January 1, 2015. Termination Options: Termination options include the following: by either party upon default by the other party if such default is not cured within thirty days of written notice; BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA FINANCE February 18, 2015 Page 4 of 9 by Springer upon non-payment by MSU if such non-payment is not cured within thirty days of notice; by MSU for convenience upon receipt of written notice by Springer or seven days from the date of issuance of termination – whichever occurs first. Contract Amount: The total cost of the agreement is $292,575. Funding Source for Contract: General Funds Contractor Selection Process: The electronic journals to which authorized users will have access are published only by Springer. Other vendors do not publish these electronic journals. Staff Recommendation: Based on Board Policy 707.01, Land, Property and Service Contracts, Board approval is required prior to execution of the contract for all other land, personal property, and service contracts that require an aggregate total expenditure of more than $250,000. The agreement has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item. 3. MSU- REQUEST FOR APPROVAL TO AMEND AGREEMENT WITH ARAMARK Agenda Item Request: Mississippi State University requests approval to amend the existing professional services contract with Aramark Educational Services, LLC. Contractor’s Legal Name: Aramark Educational Services, LLC (Aramark) History of Contract Mississippi State University entered into a contract with Aramark in March of 2007 for Aramark to provide food services at MSU’s Starkville campus (“Food Service Contract”). That contract has subsequently been amended on five occasions, most recently in March 2014. Specific Type of Contract: Amendment to a Food Services Management Agreement Purpose: The purpose of this amendment to the Food Services Management Agreement is to: Provide additional capital investment in the amount of $5,410,000 to fund renovations to the Marketplace at Perry; renovations to Starbucks, expansion and brand refresh of Chick-fil-A; brand refresh of Einstein Brothers Bagel; renovate current State Fountain and Bakery into a Moe’s Southwest Grill with all season pavilion; convert current Zoca into a new State Fountain and Bakery; install new Provisions on Demand stores in Allen Hall, new BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA FINANCE February 18, 2015 Page 5 of 9 classroom building and new residence hall; provide fund for future dining opportunities; provide funds for future brand refresh; and provide additional unrestricted grants to cover debt service payments for Fresh Food Company. Modify how transitioned management employees’ health insurance coverage is handled, in accordance with ERISA. This amendment will also allow this agreement to be consistent with food service management agreements Aramark has with other higher education clients. Scope of Work: The additional capital investment will increase the number of dining venues available on campus and will enable Aramark to fulfill requirements of the national brands (Starbucks, Einstein Brothers Bagel, and Chick-fil-A) to refresh their venues with the new brand look. It will also provide funds for future dining expansions to meet growing enrollment and demands for food service on campus. The original contract provided that all Mississippi State University dining employees who transitioned to Aramark would have 100% of their employee-only health coverage paid by Aramark. The objective was that these employees would transition to Aramark with as close as possible to the same employee benefits package they had with Mississippi State University. Subsequently it was discovered that the transitioned MSU salaried managers’ health insurance coverage was being treated differently than other salaried managers with Aramark, an ERISA violation. The transitioned MSU salaried mangers have been given a salary increase sufficient to cover their health insurance costs, and Aramark no longer pays for this coverage. This contract amendment will recognize this change in procedure. Term of Contract: The contract amendment will take effect upon approval and execution of the amendment. The amendment will extend the current term of the contract by three years ending June 30, 2025. Termination Options: Termination options include the follow: By either party with or without cause upon 90 day notice; if MSU desires to terminate the food service contract prior to the end of the contract period, MSU will be required to reimburse the vendor for the unamortized balance of its investment; and failure by Aramark to comply with federal E-Verify Program. Contract Amount: This revenue contract amendment will provide an additional $5,410,000 capital investment. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA FINANCE February 18, 2015 Page 6 of 9 Funding Source of Contract: The contract is revenue generating. Contractor Selection Process: The amendment is to a contract previously entered into with Aramark. The original contract was pursuant to a request for proposal issued by Mississippi State University to operate the University’s food services. Staff Recommendation: Based on Board Policy 707.01, Land, Property and Service Contracts, Board approval is required prior to execution of the contract for all other land, personal property, and service contracts that require an aggregate total expenditure of more than $250,000. The agreement has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item. 4. MVSU-REQUEST FOR APPROVAL OF A RESOLUTION FOR A GRANT APPLICATION TO THE MS DEPT. OF TRANSPORTATION Mississippi Valley State University requests approval of a resolution authorizing the filing of an application to the Mississippi Department of Transportation for a grant to assist in providing transportation services. Through an agreement with the Mississippi Department of Transportation and the Federal Transit Administration, Mississippi Valley State University provides public transportation services in eight (8) Delta counties: Carroll, Grenada, Holmes, Humphreys, Leflore, Sunflower, Tallahatchie and Washington. The mass transit system serves as a vital means of transportation for students to attend the university. The resolution is shown below. AUTHORIZING RESOLUTION The Board of Trustees of State Institutions of Higher Learning, herein after referred to as the BOARD, is aware of the provisions of 49 U.S.C. 5311 of the Federal Transit Act and the Safe, Accountable, Flexible, Efficient Transportation Equity Act – A Legacy for Users (SAFETEA-LU) and Moving Ahead for Progress in the 21st Century (MAP-21). The Board hereby duly authorizes Dr. William B. Bynum, Jr., acting as the President on behalf of the Applicant to file an application with the Mississippi Department of Transportation for a Section 5311 Rural General Public Program grant to assist in providing transportation services. The BOARD also does hereby certify that the Applicant is eligible to apply for this grant and is not aware of any reasons or conditions that prohibit the Applicant organization nor any of its staff, officers or directors from receiving, administering or disbursing federal funds. If this application is approved, (1) the BOARD resolves that the Applicant will provide the required local match; (2) the BOARD agrees to comply with the Federal Transit Administration’s and The Mississippi BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA FINANCE February 18, 2015 Page 7 of 9 Department of Transportation’s requirements as contained in the award agreement; (3) the Applicant will carry out the project as described in the approved application. By this resolution the BOARD also officially authorizes Mississippi Valley State University to execute a contract agreement with the Mississippi Department of Transportation. Approved and Adopted this _______ day of _______________________, 20_____ __________________________________________________ (Chairman/President) __________________________________________________ (Typed Name) __________________________________________________ (Attest) __________________________________________________ (Typed Name) Staff Recommendation: The Resolution has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item. 5. UMMC-REQUEST FOR APPROVAL OF AGREEMENT WITH MISSISSIPPI CHILDREN’S HOME SERVICES, INC. Agenda Item Request: The University of Mississippi Medical Center (UMMC) requests approval of a services agreement with Mississippi Children’s Home Services, Inc. In addition, UMMC is requesting the Board’s retroactive approval of the agreement’s commencement date of February 19, 2014. Contractor’s Legal Name: Mississippi Children’s Home Services, Inc. (MCHS) History of Contract: This is a new agreement. Retroactive approval of the contract’s commencement date is also being requested and is due to certain requirements imposed on UMMC pursuant to an agreement between UMMC and the Mississippi Division of Medicaid (DOM) dated February 19, 2014 for the Children’s Collaborative Pilot Project. The primary focus of the pilot project agreement with DOM was to work toward increasing the availability of accessible health care for children across Mississippi through the development of a pilot project. UMMC was required by the terms of the agreement to identify and work with collaborative partners (subcontractors) throughout project BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA FINANCE February 18, 2015 Page 8 of 9 development. UMMC chose to collaborate with MCHS, the largest and most comprehensive private provider of children’s behavioral healthcare in the State. However, prior to the commencement of a formal contract for collaborative work with MCHS and the subsequent release of grant funds, UMMC was required to obtain written approval from DOM. A letter of approval to partner with MCHS was sent to UMMC on December 19, 2014. Specific Type of Contract: Services agreement. Purpose: The purpose of the agreement is to provide coordinated care and behavioral health services to the Children’s Collaborative Pilot Project. The Children’s Collaborative Pilot Project is a coordinated collaborative effort between the MS Department of Medicaid and UMMC. The number of children and adolescents in Mississippi with complex medical and behavior health issues is ever increasing. A lack of resources, the rural setting of our state, and the increase in specialized medical and behavioral health issues has led to many children and adolescents needs being unmet. This project is aimed at providing the children and youth of Mississippi with the specialized medical and behavioral health care to meet these needs. Scope of Work: Under the agreement, MCHS will provide: Care coordinators who will manage the services and needs for each child and adolescent across both agencies, as well as, other outside medical, educational, and social supports for each child; Behavioral health services as noted by the individualized service plan which will include as needed: individual, family, and group therapies; psychiatric services; intensive outpatient psychiatric; day treatment; community support; peer support; and nursing support; Individualized professional trainings to ensure evidence-based practices are utilized in the behavioral health treatment needs of referred clients; To provide specialized outreach staff who will interface with a statewide network of private physicians and related healthcare providers to offer education on referral processes and to insure each provider is directly involved and informed in the overall care of their patient; Continuing education trainings for staff and outside providers as requested; Access through an established statewide network of local offices for end point locations for telehealth services which can be used across medical disciplines to interface with clients for ongoing treatment; Integration of technology in the development of referrals, for electronic medical records and to track measured outcomes and client feedback; and BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA FINANCE February 18, 2015 Page 9 of 9 All services outlined within the scope of this agreement to the reasonable satisfaction of UMMC and to provide such services in accordance with the applicable standard of care. Term of Contract: The term of the agreement is one (1) year, eight (8) months, February 19, 2014 through September 30, 2015. Termination Options: The agreement may be terminated for the following: a breach of the agreement by MCHS, at any time upon thirty (30) days written notice, reduction of funds, an inability to agree to renegotiated contract terms in the event a change in law occurs that materially restricts or prohibits the rights of either party or otherwise makes it desirable for the parties to renegotiate the agreement, failure by MCHS to comply with the federal E-Verify Program, and in the event of a force majeure event which would render the affected party unable to perform. Contract Amount: This agreement will not exceed a total cost of $2,444,184. Funding Source of Contract: The agreement will be funded by grant funds from the Mississippi Division of Medicaid. Contractor Selection Process: UMMC received the grant funds from the MS Dept. of Medicaid for the Children’s Collaborative Pilot Project. MCHS is able to provide the most comprehensive services required under the grant, as such, UMMC sought approval from the MS Dept. of Medicaid to use MCHS as a subcontractor. MS Dept. of Medicaid approved the use of MCHS as a subcontractor under this agreement, a copy of which is included in this submission. Staff Recommendation: Based on Board Policy 707.01, Land, Property and Service Contracts, Board approval is required prior to execution of the contract for all other land, personal property, and service contracts that require an aggregate total expenditure of more than $250,000. The agreement has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 1 of 15 Note: Project numbers beginning with the prefix "GS" designate projects that the Bureau of Building provides management oversight for and are funded partially or wholly with state Bureau of Building bond revenues. Project numbers beginning with the prefix "IHL" designate projects that are funded from university self-generated sources including but not limited to donations, fees, and grants. Board Policy §902, Initiation of Construction Projects The Board must approve the initiation of a project for the construction of new facilities, repairs and renovations to existing facilities and requests for a capital outlay with a total project budget exceeding $1,000,000 regardless of how the projects are financed. It is the intent of the Board that its appropriate staff under the direction of the Commissioner shall be involved in all phases of building projects requiring approval by the Board. All construction, repairs, and renovation projects with a total budget of $1,000,000 or less may be approved by the Institutional Executive Officer. However, all projects utilizing any state bond funds, including Ayers funds, must be initiated with STAFF approval from the Office of Real Estate and Facilities. No further approvals are required by IHL staff for projects of $1,000,000 or less unless the budget changes. All budget changes for these projects must be reported to the Office of Real Estate and Facilities. Board Policy §904(A), Board Approval When funding has been secured from whatever source, each institution shall bring all new projects to the Board for the approval of the project initiation and the appointment of a design professional, as required in Board Policy §902, Initiation of Construction Projects. This request shall include a detailed description of the work to be accomplished, the total budget, the funding source and the design professional recommended to the Board for approval. After the Board has granted approval of both the initiation of a project and the appointment of a design professional, no further Board action or approval is required for the completion of the project if the following conditions are met: 1. The detailed description of the work to be accomplished, as specifically approved by the Board within the project initiation, has not changed. 2. The total project budget has not increased beyond the amount specifically approved by the Board as part of the project initiation; 3. The funding source has not changed from that specifically approved by the Board as part of the project initiation; and 4. The design professional previously approved by the Board has not changed. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 2 of 15 If the above four conditions have been met, the Board’s Real Estate and Facilities staff, through the Commissioner, shall have the authority to approve any and all necessary documents related to the completion of the subject construction project, including the approval of construction documents, the advertisement and receipt of bids, the approval of a bid, the award of a contract and any change orders. Prior to the commencement of construction, the Board must approve the exterior design of the major buildings that have aesthetic impact on the overall campus, regardless of the cost of the project. This requirement applies to all buildings and facilities on an institution’s property even if the land is leased to an institution’s affiliated entity or a private developer. Board Policy §905(A), Real Estate Management Prior Board approval is required for the execution of all leases, easements, oil and mineral leases, and timber sales. Board approval prior to the execution of a contract for the sale of real property is required for all land sales, regardless of the sale price. Prior Board approval is required for the execution of all leases, easements, oil and mineral leases, and timber sales. Request for approval of land contracts shall include property descriptions, terms of purchase, lease, or sale and intended use of the property. An institution acquiring or disposing of real property shall receive two independent appraisals. The purchase price of property to be acquired shall not exceed the average of the two appraisals. The sale price of real property shall be no less than the average of the two appraisals. Board Policy §905(B), Real Estate Management Prior to Board consideration of the purchase or acceptance of real estate from any source, a Phase I or more detail Environmental Report shall be completed by qualified personnel and submitted to the Board’s Real Estate and Facilities Office. In the event hazardous substances are confirmed as having existed in the past or as presently existing, the Board reserves the right to cancel the transaction without liability, or to permit the other party or parties to remove the hazardous substances at its or their expense in a manner sufficient to receive a “no further action” letter from the State’s Department of Environmental Quality. Board Policy §919, Pre-requisites for Building Modification or Demolition Prior to scheduling a building on an institution’s property for restoration, improvement, construction, repair, renovation, rehabilitation, demolition or similar work, the institution shall secure an inspection and approval from the Mississippi Department of Environmental Quality and a permit or written permission from the Mississippi Department of Archives and History authorizing the requested building action. After obtaining approval from these two agencies, a request for the building modification or demolition shall be submitted to the Board BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 3 of 15 for approval. The request to the Board must include documentation evidencing approval by the Department of Environmental Quality and the Department of Archives and History. APPROVAL OF INITIATIONS OF PROJECTS/APPOINTMENTS OF PROFESSIONALS IHL PROJECTS 1. UM – IHL 207-372 – South Campus Recreation Facility and Transportation Hub Project Request: The University of Mississippi requests approval to appoint JBHM Architects, P.A. as the design professional for the South Campus Recreation Facility and Transportation Hub project. The University of Mississippi also requests to increase the project budget from $1,000,000 to $32,000,000 for an increase in the amount of $31,000,000. The funding source will remain as Internal R&R funds. Proposed Design Professional: JBHM Architects, P.A. Purpose: The University of Mississippi acquired a 500,000 square foot manufacturing plant on a 68 acre site adjacent to the southwest edge of campus. The building is strategically important because of its location and the opportunity for repurposing. This large warehouse type structure on its large site presents great potential for recreation and transportation use. Its long-span structural system lends itself to re-use as a recreational facility. There are also opportunities to develop allweather sports fields and the site could be used for parking and a transit terminus. The project was initiated with the Board in June 2013 with a budget of $1,000,000 for design fees only. The university now has now established a more accurate project cost and is seeking to increase the budget to reflect those project costs. The University of Mississippi is seeking to appoint the design professional in accordance with Board Policy §904(A), Board Approval, that requires each institution to bring all new projects to the Board for the approval of the project initiation and the appointment of a design professional, as required in Board Policy §902, Initiation of Construction Projects. The University of Mississippi is also acting in accordance with Board Policy §904(A), Board Approval, that requires each institution to submit all project budget increases to the Board for approval. Project Initiation Date: June 20, 2013 Date of Original Construction: Unknown BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 4 of 15 Date of Last Renovation: No Major Renovations Proposed Project Budget: Current Budget Proposed Budget Amount (+/-) 0.00 $ 22,000,000.00 $ 22,000,000.00 $ 1,000,000.00 $ 1,817,021.00 $ $ 0.00 $ 2,018,931.00 $ 2,018,931.00 $ 0.00 $ 2,000,000.00 $ 2,000,000.00 Contingency $ 0.00 $ 4,164,048.00 $ 4,164,048.00 Total Project Budget $ 1,000,000.00 $ 32,000,000.00 $ 31,000,000.00 Construction Costs Architectural and Engineering Fees Miscellaneous Project Costs Furniture & Equipment Costs $ 817,021.00 Proposed Funding Source(s): Internal R&R ($32,000,000) Staff Recommendation: Board staff recommends approval of this item. 2. UM – IHL 207-387 – Track Facility Restoration Project Request: The University of Mississippi requests approval to appoint CHA Consulting, Inc. as the design professional for the Track Facility Restoration project. Proposed Design Professional: CHA Consulting, Inc. Purpose: During the last twelve months, small holes and cracks appeared around the perimeter of the track. Gradually, they became longer and more noticeable and larger holes began to appear in the grass field event area bounded by the track. A specialized engineering firm was engaged to determine the extent of the unstable soil. A sonar survey revealed large cavities under the track and infield. A sixty-inch diameter storm drain runs under the track and field. It has deteriorated over the years releasing water at sufficient velocity to seriously undermine the silty soils and, thereby, the stability of the track and its surrounding areas. The track facility and BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 5 of 15 adjacent track building were immediately closed for safety reasons while the extent of the problem was determined. This has now been completed. The project will consist of a sixty-inch diameter storm drain pipe being removed from service with an alternative route being taken under Hill Drive and through the new parking lot on Jeanette Phillips Drive. When this stabilization work is complete, the track renovation project may begin. The work will involve filling, compacting, and stabilizing all sub-soils at the track facility, and completely replacing the rubber track and adjacent surfaces. The University of Mississippi initiated the project in August 2014 with the Board and received permission to select the design professional through the RFQ method. The university has completed that process and is now seeking approval of the design professional for the project. The University of Mississippi is seeking to appoint the design professional in accordance with Board Policy §904(A), Board Approval, that requires each institution to bring all new projects to the Board for the approval of the project initiation and the appointment of a design professional, as required in Board Policy §902, Initiation of Construction Projects. Project Initiation Date: August 21, 2014 Date of Original Construction: 2002 Date of Last Renovation: Not applicable Project Budget: Construction Cost: Architectural and Engineering Fees: Misc. Project Costs: Contingency: Estimated $ 3,000,000.00 194,530.00 250,000.00 516,680.00 Total Project Budget $ 3,961,210.00 Funding Source(s): Internal R&R ($3,961,210) Staff Recommendation: Board staff recommends approval of this item. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 6 of 15 3. UM – IHL 207-401 – Wastewater Treatment Facility Expansion Project Request: The University of Mississippi requests approval to initiate a project, Wastewater Treatment Facility Expansion, and to appoint Engineering Solutions, Inc. as the design professional. Proposed Design Professional: Engineering Solutions, Inc. Purpose: The proposed project involves construction of a second treatment process unit which will double the capacity of the existing facility. Current growth patterns indicate that the current design capacity will be exceeded on a regular basis by the Fall semester of 2017. The project also includes reconfiguring and expanding the existing headworks and screening systems, updating the lab building, and providing an enclosure for the treatment units (consisting of a pre-engineered steel building with a brick façade) which will be equipped with air scrubbing equipment to reduce the potential for visual/odor impacts from the facility on other campus users. The University of Mississippi is seeking to initiate the project and appoint the design professional in accordance with Board Policy §904(A), Board Approval, that requires each institution to bring all new projects to the Board for the approval of the project initiation and the appointment of a design professional, as required in Board Policy §902, Initiation of Construction Projects. Project Initiation Date: February 18, 2015 Date of Original Construction: 1972 Date of Last Renovation: 2011 Proposed Project Budget: Construction Cost: Architectural and Engineering Fees: Misc. Project Costs: Furniture & Equipment Costs: Contingency: $ Total Project Budget $ Estimated 8,800,000.00 800,000.00 0.00 0.00 300,000.00 9,900,000.00 Proposed Funding Source(s): Internal R&R Funds ($9,900,000) BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 7 of 15 Staff Recommendation: Board staff recommends approval of this item. 4. USM – IHL 208-327 – Bolton Hall Renovation Project Request: The University of Southern Mississippi requests approval to initiate a project, Bolton Hall Renovation, and to appoint Albert and Associates as the design professional. Proposed Design Professional: Albert and Associates, P.A. Purpose: The project will renovate Bolton Hall and provide a temporary home for Air Force ROTC, Army ROTC, and Mathematics. Bolton Hall is currently vacant and was previously a residence hall. Once the scope of the project is better defined, the university will come back to the Board of Trustees to define the scope of the project, increase the project budget, and add funding source(s) to the project to reflect the updated project budget. The University of Southern Mississippi is seeking to initiate the project and appoint the design professional in accordance with Board Policy §904(A), Board Approval, that requires each institution to bring all new projects to the Board for the approval of the project initiation and the appointment of a design professional, as required in Board Policy §902, Initiation of Construction Projects. Project Initiation Date: February 18, 2015 Date of Original Construction: 1954 Date of Last Renovation: 1988 Proposed Project Budget: Construction Cost: Architectural and Engineering Fees: Misc. Project Costs: Furniture & Equipment Costs: Contingency: $ Total Project Budget $ Estimated 0.00 40,000.00 0.00 0.00 0.00 40,000.00 Proposed Funding Source(s): Internal R&R Funds ($40,000) BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 8 of 15 Staff Recommendation: Board staff recommends approval of this item. 5. USM – IHL 208-331 – Southern Hall Renovation Project Request: The University of Southern Mississippi requests approval to initiate a project, Southern Hall Renovation, and to appoint Albert and Associates as the design professional. Proposed Design Professional: Albert and Associates, P.A. Purpose: The project is a renovation to an existing historical building that currently houses Mathematics, Public Health, and Army ROTC. These units will be moved to Joseph Greene Hall and Bolton Hall resulting in Southern Hall becoming vacant. The renovation to Southern Hall will allow the university to repurpose the building as the university welcome center. It will house Admissions, the Admissions Call Center, the Registrar, Financial Aid, and Business Services. Once the scope of the project is better defined, the university will come back to the Board of Trustees to define the scope of the project, increase the project budget, and add funding source(s) to the project to reflect the updated project budget. The University of Southern Mississippi is seeking to initiate the project and appoint the design professional in accordance with Board Policy §904(A), Board Approval, that requires each institution to bring all new projects to the Board for the approval of the project initiation and the appointment of a design professional, as required in Board Policy §902, Initiation of Construction Projects. Project Initiation Date: February 18, 2015 Date of Original Construction: 1922 Date of Last Renovation: 1975 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 9 of 15 Proposed Project Budget: Construction Cost: Architectural and Engineering Fees: Misc. Project Costs: Furniture & Equipment Costs: Contingency: $ Total Project Budget $ Estimated 0.00 60,000.00 0.00 0.00 0.00 60,000.00 Proposed Funding Source(s): Internal R&R Funds ($60,000) Staff Recommendation: Board staff recommends approval of this item. APPROVAL OF BUDGET INCREASES AND/OR CHANGES OF SCOPE/FUNDING SOURCE(S) IHL PROJECTS 6. USM – IHL 210-243 – Marine Education Center – Cedar Point Project Request: The University of Southern Mississippi requests approval to increase the budget for the Marine Education Center –Cedar Point project. The budget will increase from $13,205,000.00 to $ 14,515,660.00, an increase of $1,310,660.00. In addition, the university request approval to add CIAP (Coastal Impact Assistance Program) funds as a funding source to allow for the budget increase. The university also requests to modify the scope of the project due to the additional funds. Project Phase: Construction Phase Design Professional: Lake | Flato General Contractor: TBD Purpose/Justification: The project is currently in the construction phase. The project was initiated with the Board on August 21, 2008. The project is for the replacement of the Marine Education Center that was located on Point Cadet in Biloxi prior to Hurricane Katrina. The original facility was completely destroyed by the hurricane. Due to the location of the original site being in a Velocity Zone, the BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 10 of 15 university plans to build a new facility at the Cedar Point site in Ocean Springs. The replacement facility will be approximately 34,000 square feet and will include offices, instructional areas, and exhibit spaces. FEMA reduced their allocation to the university by $2,089,340 for the project which left the university short on funds for the completion of the project. To make up for the reduction in FEMA funds, USM was able to obtain an additional $3,400,000 in CIAP funds which helped restore the loss of the $2,089,340 of the FEMA funds as well as allow the university to add the remaining $1,310,660 in CIAP funds to the project budget for a total project budget of $14,515,660. The additional scope of the project will include unfunded site work and infrastructure, the addition of educational trails, additional outdoor classrooms/pavilions, and an observation platform. The University of Southern Mississippi is acting in accordance with Board Policy §904(A), Board Approval, that requires each institution to submit all project changes of scope, funding source and budget increases to the Board for approval. Project Initiation Date: August 21, 2008 Proposed Project Budget: Current Budget Proposed Budget $ 11,586,682.00 $ 12,411,087.70 $ 824,405.70 $ 955,000.00 $ 1,073,059.00 $ 418,909.00 $ 100,000.00 $ 100,000.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Contingency $ 563,318.00 $ 630,663.30 $ 67,345.30 Total Project Budget $ 13,205,000.00 Construction Costs Architectural and Engineering Fees Miscellaneous Project Costs Furniture & Equipment Costs $ 14,515,660.00 Amount (+/-) $ 1,310,660.00 Proposed Funding Source(s): FEMA Funds ($7,750,783); Wind Insurance Proceeds ($2,164,877); Excess Flood Insurance Proceeds ($1,000,000); NFIP Proceeds ($200,000); CIAP ($3,400,000) Staff Recommendation: Board staff recommends approval of this item BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 11 of 15 APPROVAL OF OTHER REAL ESTATE REQUESTS 7. DSU- Granting of a Temporary Easement to the Mississippi Transportation Commission Project Request: Delta State University requests approval to grant a temporary easement to the Mississippi Transportation Commission to construct a deceleration turn lane on the portion of MS Hwy 8 located due south of the Grammy Museum site. Purpose: With the expected increase in highway traffic on this section of MS Hwy 8 after the Grammy Museum is completed, a deceleration lane for visitors entering the Grammy Museum will offer a much safer alternative to turning directly off the highway. This site is less than 1/8 mile from university entrances that many future and current students travel. Property Description: The temporary easement is 0.47 acres and is located in part of the SE ¼ of the SE ¼ of Section 17, Township 22 North, Range 5 West, Bolivar County, Mississippi. Terms: The temporary easement will run through, over, on, and across said property described above. Grantor waives its right to just compensation and donates the temporary easement to the Mississippi Transportation Commission. Grantor further understands that it has the right to request that a fair market value appraisal of the property be made and it waives that right as well. The Grantee shall have the right to use, occupy, improve, grade, sod, ditch, drain, and otherwise use for construction purposes the above described land only so long as is necessary to complete the construction of the turn lane and turn out lane in accordance with the plans and specifications for said project, said plans and specifications. Upon completion of the said work of construction the said temporary easement shall terminate and all right, title, and interest in and to the above described land shall revert to the Grantors herein, their heirs, assigns, legal representatives or Grantees. Delta State University is acting in accordance with Board Policy §905(A), Real Estate Management, which requires prior Board approval for the execution of all leases, easements, oil and mineral leases, and timber sales. A copy of the legal description of the access easement is on file with the Office of Real Estate and Facilities. Staff Recommendation: The Attorney General’s Office has reviewed and approved this item. Board staff recommends approval of this item. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 12 of 15 8. DSU- Granting of a Permanent Easement to the Mississippi Transportation Commission Project Request: Delta State University requests approval to grant a permanent easement to the Mississippi Transportation Commission to maintain the constructed roadway on the portion of MS Hwy 8 located due south of the Grammy Museum site. Purpose: With the expected increase in highway traffic on this section of MS Hwy 8 after the Grammy Museum is completed, a deceleration turn lane for visitors entering the Grammy Museum will offer a much safer alternative to turning directly off the highway. This site is less than 1/8 mile from university entrances that many future and current students travel. The permanent easement will allow the Mississippi Transportation Commission to properly maintain the roadway. Property Description: The permanent easement is 0.22 acres and is located in part of the SE ¼ of Section 17, Township 22 North, Range 5 West, Bolivar County, Mississippi. Terms: Grantor waives its right to just compensation and donates the permanent easement to the Mississippi Transportation Commission. Grantor further understands that it has the right to request that a fair market value appraisal of the property be made and it waives that right as well. The Grantor conveys all improvements located on the above described land and partially on Grantor’s land, if any. The Grantee, its agents, and/or assigns are granted the right of ingress and egress on Grantor’s remaining land for removing or demolishing said improvements. The purpose of this easement is for the construction of a turn lane and turn out onto Hwy 8 in Cleveland, Mississippi, at the site of the Grammy Museum on Grantor’s property. The Grantee shall be responsible for the maintenance of said turn lane and turn out lane in perpetuity. Further, Grantor, its successors and assigns shall have the right of continued ingress and egress onto and over said easement at all times. Delta State University is acting in accordance with Board Policy §905(A), Real Estate Management, which requires prior Board approval for the execution of all leases, easements, oil and mineral leases, and timber sales. A copy of the legal description of the access easement is on file with the Office of Real Estate and Facilities. Staff Recommendation: The Attorney General’s Office has reviewed and approved this item. Board staff recommends approval of this item. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 13 of 15 9. UMMC – Delete from Inventory – Former Schimmel’s Building Project Request: The University of Mississippi Medical Center requests approval to delete the former Schimmel’s building from its inventory and demolish it. Purpose: The University of Mississippi Medical Center is seeking to obtain approval of the demolition of the former Schimmel’s building. The building is located at 2615 North State Street. UMMC discovered the building contained excess mold and mildew as well as a leaky roof. All of the windows in the brick veneer walls of the building leaked because there was no flashing/sealing around their perimeter as well. Instead of investing additional funds back into the building damaged by water infiltration the university has decided it is in its best interest to demolish the building. Upon demolition of the building, UMMC plans to use the space for planned future expansion. The approval letter has been received from the Mississippi Department of Archives and History. All legal documentation will be kept on file in the Office of Real Estate and Facilities. The University of Mississippi Medical Center is acting in accordance with Board Policy §919 Prerequisites for Building Modification or Demolition, that requires Board approval prior to building modification or demolition. Staff Recommendation: Board staff recommends approval of this item. 10. USM – Approval of Purchase of Property – Golden Eagle Apartments -3314 West 4th Street, Hattiesburg, Mississippi Project Request: The University of Southern Mississippi requests approval to purchase Golden Eagle Apartments located at 3314 West 4th Street, Hattiesburg, Mississippi from Golden Eagle Apartments, LLC in the amount of $652,500. Purpose: The University of Southern Mississippi is seeking to purchase the property located at 3314 West 4th Street, Hattiesburg, Mississippi located in Forrest County, Mississippi. The property adjoins the main campus on three sides and is near Reed Green Coliseum, Pete Taylor Park and the university intramural fields. Property Description: Golden Eagle Apartments is located on 0.38 acres of land and contains 20 apartments located within one 11,100 square foot building along with one (1) additional storage building. The subject property is located in Section 6, Township 4 North, Range 13 West, Forrest County, Mississippi and described as follows: BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 14 of 15 Parcel 1: Beginning at the Southwest corner of said Lot 2 and runs East along the North side of West Fourth Street a distance of 50 feet to and for a point of beginning; and from aid point of beginning, run East along the North line of West Fourth Street a distance of 50 feet, thence run South to the said point of beginning which property is known as Municipal #409 West Fourth Street, in the city of Hattiesburg, Mississippi. Parcel 2: Beginning at a point 131 feet West of the Southeast corner of the SW ¼ of Section 6, Township 4 North, Range 13 West. Appraisals: The University of Southern Mississippi received two independent property appraisals. The first appraisal was in the amount of $650,000. The second appraisal was in the amount of $655,000. The average of the two appraisals was $652,500. The university is purchasing the property for $652,500 which is the average of the property’s two appraised values. Terms: The University of Southern Mississippi has a tentative closing date of on or before August 31, 2015 or upon an earlier or later date as agreed upon by both parties with a purchase price in the amount of $652,500. Environmental Phase I: A Phase I Environmental Site Assessment (ESA) has been conducted on the property. Based on site inspection, current and past land use history, adjacent property inspections and record review from Environmental Data Resources (EDR), no recognized environmental conditions are evident at the subject property. A copy of the property description and all legal documentation are on file with the Office of Real Estate and Facilities. The University of Southern Mississippi is acting in accordance with Board Policy §905(A), Real Estate Management, that requires an institution acquiring or disposing of real property to receive two independent appraisals. The purchase price of property to be acquired shall not exceed the average of the two appraisals. The university is also acting in accordance with Board Policy §905(B), Real Estate Management, that requires a Phase I or more detailed environmental report be completed by a qualified personnel and submitted to the Board’s Real Estate and Facilities Office. Funding Source(s): Internal Funds for property acquisition ($652,500) Staff Recommendation: The Attorney General’s Office has reviewed and approved this item. Board staff recommends approval of this item. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA REAL ESTATE FEBRUARY 18, 2015 Page 15 of 15 11. USM – Approval of 2014 Campus Master Plan Update Project Request: The University of Southern Mississippi requests approval of the 2014 Master Campus Facility Plan update for the Hattiesburg campus. Purpose: The University of Southern Mississippi is seeking approval of its 2014 update of the campus master plan. The previous campus master plan was approved by the Board in 2007. The master plan does not include the Gulf Coast campuses. Master Plans for the Gulf Coast campuses are being developed for each campus and will be submitted to the Board separately at a later date. The current master plan was approved by the Board in 2007. Since that time a number of projects identified in the master plan have been accomplished including the construction of new facilities for the College of Business, College of Nursing, and a new residential complex. As a result of the newly constructed facilities, two academic buildings (Business and Nursing) as well as five residential halls will be vacated. Due to these spaces being vacated, it presented the university with a prime opportunity to reallocate space; reorganize units, and provide space for future programs of the university on the Hattiesburg campus. The latest master plan update included research and analysis of facility needs of campus units to assist them in reaching their goals for the next five (5) to ten (10) years. The project included an assessment of current space utilization and recommendations to improve efficiency of operations and utilization of existing facilities as well as construction of new facilities, development of open spaces, circulation patterns, and other amenities on the Hattiesburg campus. Staff Recommendation: Board staff recommends approval of this item. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA LEGAL FEBRUARY 18, 2015 PAGE 1 OF 4 1. MSU - APPROVAL TO CONTRACT WITH JONES WALKER LLP AS OUTSIDE COUNSEL Mississippi State University requests permission to enter into a contract with the law firm of JONES WALKER LLP, located at 190 E. Capitol Street, Suite 800, Jackson, MS 39201 to perform services necessary in assisting and advising the University on legal issues concerning review of strategic financing options, tax exempt bond arbitrage, and rebate compliance and the use of bond financed building and other matters relating to bond issues. The firm will provide legal representation on an hourly rate of $165.00 for Special Counsel, $225.00 for Partner, and $60.00 for paralegals. The term of the proposed contract will be for one year, and total expenditures will not exceed $50,000. The Attorney General has approved this request. STAFF RECOMMENDATION: Board staff recommends approval of this item. 2. MSU - APPROVAL TO AMEND/RENEW CONTRACT WITH WARE │IMMIGRATION AS OUTSIDE COUNSEL Mississippi State University requests permission to amend/renew a contract with WARE│IMMIGRATION, formerly WARE│GASPARIAN, to provide services necessary in preparing labor certification documents on behalf of Mississippi State University for its employees who seek permanent residence status and related immigration matters. This Modification #2 will extend the term of the contract for one (1) year or through March 20, 2016. The total amount payable during the extension period shall not exceed $50,000. All references to “WARE │GASPARIAN” shall be replaced with “WARE │IMMIGRATION.” All other provisions of the Agreement for Legal Services dated March 21, 2013 shall remain in effect. The Attorney General has approved this request. The fees payable under the contract are as follows: Schedule of Legal Fees for Academia Nonimmigrant Petitions and Processes H-1B petition H-1B extension or amendment petitions $1500.00 $1000.00 TN petition or border/consulate processing TN extension petition $1500.00 $1000.00 E-3 petition or consular processing $1500.00 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA LEGAL FEBRUARY 18, 2015 PAGE 2 OF 4 E-3 extension petition $1000.00 O-1 petition O-1 extension or amendment petition $4000.00 $1500.00 Change of status or extension of status for dependents (I-539) no additional charge J-1 waiver (IGA or hardship) J-1 waiver (Conrad) $6,000.00 $6,000.00 Permanent Residence Process with Labor Certification: Faculty $2000.00 $1000.00 $2500.00 $1500.00 $750.00 “Special Handling” labor certification (must be paid by University*) $2500.00 if position must be re-advertised Additional fee if audited. Immigrant petition Adjustment of status and related applications (I-765, I-131, etc.) by employee Adjustment of status and related applications each spouse or child *U.S. Dept. of Labor requires employers to pay all costs associated with labor certification, including legal fees and advertising costs; employees may pay other fees Permanent Residence Process with Labor Certification: Non-Faculty $3000-$4000 Labor certification (must be paid by University). Exact fee depends on difficulty of case. $1500.00 Additional fee if audited $2500.00 Additional fee if subject to supervised recruitment $2500.00 Immigrant petition $1500.00 Adjustment of status and related applications (I-765, I-131, etc.) by employee $750.00 Adjustment of status and related applications each spouse or child *U.S. Dept. of Labor requires employers to pay all costs associated with labor certification, including legal fees and advertising costs; employees may pay other fees Permanent Residence Process: Outstanding Professors and Researchers $5000.00 Immigrant petition BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA LEGAL FEBRUARY 18, 2015 PAGE 3 OF 4 $1500.00 $750.00 Adjustment of status and related applications by employee Adjustment of status and related applications each spouse or child Since labor certification is not required, employees may pay all fees Permanent Residence Process: National Interest Waiver $5000.00 $1500.00 $750.00 Immigrant petition Adjustment of status and related applications by employee Adjustment of status and related applications each spouse or child Since labor certification is not required, employees may pay all fees Employee’s legal fees in all cases may be paid in monthly installments, to be arranged with attorney STAFF RECOMMENDATION: Board staff recommends approval of this item. 3. MSU - APPROVAL TO AMEND/EXTEND CONTRACT WITH STITES & HARBISON, PLLC AS OUTSIDE COUNSEL Mississippi State University requests permission to amend/extend its contract with Stites & Harbison, PLLC, to provide services necessary for obtaining patents for designs, processes, products and other patentable materials developed in connection with Mississippi State University. The current contract including Modification #1 previously approved by the Board will expire on March 20, 2015. This Modification #2 will extend the term of the contract for a period of approximately three month through June 30, 2015. The total amount payable during the extension period shall not exceed $25,000. All other provisions of the Agreement for Legal Services dated March 21, 2013 shall remain in effect. The Attorney General has approved this request. STAFF RECOMMENDATION: Board staff recommends approval of this item. 4. USM – APPROVAL TO MODIFY CONTRACT WITH LIGHTFOOT, FRANKLIN & WHITE, PLLC, AS OUTSIDE COUNSEL The University of Southern Mississippi requests approval to modify its contract with Lightfoot, Franklin & White, PLLC as outside counsel The Board previously approved the employment of Lightfoot, Franklin & White, PLLC to assist the University by rendering legal advice and representation in the practice areas of NCAA compliance, investigation, appearances, and related matters. The approval was for a term beginning BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA LEGAL FEBRUARY 18, 2015 PAGE 4 OF 4 October 29, 2014, and ending June 30, 2015, with a total amount payable under the arrangement not to exceed $50,000 for attorneys’ fees. The firm is currently representing the University in an investigation initiated by the NCAA related to the Men’s Basketball Program. The firm has been actively engaged in representing the University in this matter since October. Legal activity of the attorneys has been driven by the swiftness and scope of the NCAA investigation, as well as specific directives of the enforcement staff. As a result, attorneys’ fees are expected to exceed the original cap of $50,000. The University requests Board approval to increase the total amount payable under the previously approved contract to $75,000. The Attorney General has approved this request. STAFF RECOMMENDATION: Board staff recommends approval of this item. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL February 18, 2015 Page 1 of 5 APPROVAL OF PERSONNEL ACTION REQUESTS 1. Employment MSU (Hire with Tenure-also reported under Tenure section below) Amelia R. Woolums; Professor of Pathobiology and Population Medicine, College of Veterinary Medicine; salary of $150,000 per annum, pro rata; E&G Funds; hired with tenure; effective July 1, 2015 UM (Hire with Tenure-also reported under Tenure section below) Younghee Lim; Associate Professor of Social Work; salary of $82,400 per annum, pro rata; E&G Funds; hired with tenure; effective January 22, 2016 2. Tenure MSU – Twelve –month contract effective July 1, 2015 Amelia R. Woolums; Professor of Pathobiology and Population Medicine (New hire with tenure) UM – Nine –month contract effective January 22, 2016 Younghee Lim; Associate Professor of Social Work (New hire with tenure) 3. Sabbatical MUW William Biddy; Professor of Theatre, College of Arts & Sciences; from salary of $70,000 per annum, pro rata; E&G Funds; to salary of $35,000 for sabbatical period; E&G Funds; effective August 18, 2015 to December 31, 2015; professional development. Dr. Ghanshyam D. Heda; Associate Professor of Biology, College of Arts & Sciences; from salary of $49,524 per annum, pro rata; E&G Funds; to salary of $24,762 for sabbatical period; E&G Funds; effective August 18, 2015 to December 31, 2015; professional development. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL February 18, 2015 Page 2 of 5 Dr. Erin Kempker; Associate Professor of History, College of Arts & Sciences; from salary of $49,830 per annum, pro rata; E&G Funds; to salary of $24,915 for sabbatical period; E&G Funds; effective January 1, 2016 to May 20, 2016; professional development. UM Dr. Ignatius Adetayo Alabi; Associate Professor of English; from salary of $69,558 per annum, pro rata; E&G Funds; to salary of $34,779 for sabbatical period; E&G Funds; effective August 20, 2015 to May 14, 2016; professional development. Mr. William W. Berry, III; Associate Professor of Law; from salary of $112,107 per annum, pro rata; E&G Funds; to salary of $56,053 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development. Mr. Emanuele Berti; Associate Professor of Physics and Astronomy; from salary of $74,528 per annum, pro rata; E&G Funds; to salary of $37,264 for sabbatical period; E&G Funds; effective August 20, 2015 to May 14, 2016; professional development. Dr. Katherine M. Centellas; Assistant Professor of Sociology and Anthropology; from salary of $60,010 per annum, pro rata; E&G Funds; to salary of $30,005 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development. (contingent upon approval of tenure prior to the Fall 2015 semester) Dr. James V. Cizdziel; Associate Professor of Chemistry and Biochemistry; from salary of $77,300 per annum, pro rata; E&G Funds; to salary of $38,650 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development. Mr. Dex Edwards; Associate Professor of Theatre Arts; from salary of $66,497 per annum, pro rata; E&G Funds; to salary of $33,248 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development. Dr. Beth Ann Fennelly; Associate Professor of English; from salary of $78,292 per annum, pro rata; E&G Funds; to salary of $39,146 for sabbatical period; E&G Funds; effective January 22, 2016 to December 31, 2016; professional development. Dr. Tamar Goulet; Associate Professor of Biology; from salary of $83,295 per annum, pro rata; E&G Funds; to salary of $41,647 for sabbatical period; E&G Funds; effective January 22, 2016 to May 14, 2016; professional development. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL February 18, 2015 Page 3 of 5 Dr. Christopher R. Green; Associate Professor of Law; from salary of $112,985 per annum, pro rata; E&G Funds; to salary of $56,492 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development. Dr. Adam Stefan Gussow; Associate Professor of English and Southern Studies; from salary of $71,069 per annum, pro rata; E&G Funds; to salary of $35,534 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development. Dr. Jaime Lynn Harker; Interim Chair of Isom Center and Associate Professor of English; from salary of $72,503 per annum, pro rata; E&G Funds; to salary of $36,251 for sabbatical period; E&G Funds; effective January 22, 2016 to May 14, 2016; professional development. Dr. Samir A. Husni; Professor of Journalism, Hederman Lecturer and, Director, Innovative Magazine; from salary of $132,919 per annum, pro rata; E&G Funds; to salary of $66,459 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development. Mr. Philip R. Jackson; Associate Professor of Art; from salary of $61,754 per annum, pro rata; E&G Funds; to salary of $30,877 for sabbatical period; E&G Funds; effective January 22, 2016 to May 14, 2016; professional development. Ms. Amanda Jane Johnston; Associate Professor of Music; from salary of $60,665 per annum, pro rata; E&G Funds; to salary of $30,332 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development. Dr. Kathy B. Knight; Associate Professor of Nutrition and Hospitality Management; from salary of $84,437 per annum, pro rata; E&G Funds; to salary of $42,218 for sabbatical period; E&G Funds; effective January 22, 2016 to May 14, 2016; professional development. Dr. Joel S. Kuszmaul; Associate Professor of Geology and Geological Engineering; from salary of $118,314 per annum, pro rata; E&G Funds; to salary of $59,157 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development. Mr. Rory Ledbetter; Associate Professor of Theatre Arts; from salary of $58,564 per annum, pro rata; E&G Funds; to salary of $29,282 for sabbatical period; E&G Funds; effective January 22, 2016 to May 14, 2016; professional development. Dr. Gregory J. Love; Associate Professor of Political Science; from salary of $67,965 per annum, pro rata; E&G Funds; to salary of $33,982 for sabbatical period; E&G Funds; effective January 22, 2016 to May 14, 2016; professional development. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL February 18, 2015 Page 4 of 5 Dr. Micah Baruch Milinovich; Associate Professor of Mathematics; from salary of $73,306 per annum, pro rata; E&G Funds; to salary of $36,653 for sabbatical period; E&G Funds; effective January 22, 2016 to May 14, 2016; professional development. Dr. Susan Diane Pedigo; Professor of Chemistry and Biochemistry; from salary of $96,968 per annum, pro rata; E&G Funds; to salary of $48,484 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development. Dr. Corina Liliana Petrescu; Associate Professor of Modern Languages; from salary of $59,714 per annum, pro rata; E&G Funds; to salary of $29,857 for sabbatical period; E&G Funds; effective August 20, 2015 to May 14, 2016; professional development. Dr. Anne H. Quinney; Professor of French; from salary of $77,777 per annum, pro rata; E&G Funds; to salary of $38,888 for sabbatical period; E&G Funds; effective August 20, 2015 to May 14, 2016; professional development. Dr. Peter P. Reed; Associate Professor of English; from salary of $64,900 per annum, pro rata; E&G Funds; to salary of $32,450 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development. Ms. Sheri F. Rieth; Associate Professor of Art; from salary of $70,519 per annum, pro rata; E&G Funds; to salary of $35,259 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development. Mr. Stacy D. Rodgers; Professor of Music; from salary of $88,362 per annum, pro rata; E&G Funds; to salary of $44,181 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development. Dr. Todd A. Smitherman; Associate Professor of Psychology; from salary of $73,069 per annum, pro rata; E&G Funds; to salary of $36,534 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development. Dr. Nicholas Trepanier; Assistant Professor of Middle East History; from salary of $59,498 per annum, pro rata; E&G Funds; to salary of $29,749 for sabbatical period; E&G Funds; effective August 20, 2015 to May 14, 2016; professional development. (contingent upon approval of tenure prior to the Fall 2015 semester) Dr. Donald Trott; Professor of Music; from salary of $86,604 per annum, pro rata; E&G Funds; to salary of $43,302 for sabbatical period; E&G Funds; effective January 22, 2016 to May 14, 2016; professional development BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA PERSONNEL February 18, 2015 Page 5 of 5 Dr. Melinda Wells Valliant; Associate Professor of Nutrition and Hospitality Management; from salary of $75,361 per annum, pro rata; E&G Funds; to salary of $37,680 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development Dr. Tamara J. Warhol; Associate Professor of Modern Languages; from salary of $61,933 per annum, pro rata; E&G Funds; to salary of $30,966 for sabbatical period; E&G Funds; effective January 22, 2016 to May 14, 2016; professional development Dr. Jeffrey R. Watt; Professor of History; from salary of $104,302 per annum, pro rata; E&G Funds; to salary of $52,151 for sabbatical period; E&G Funds; effective August 20, 2015 to May 14, 2016; professional development Dr. Bing Wei; Professor of Mathematics; from salary of $86,114 per annum, pro rata; E&G Funds; to salary of $43,057 for sabbatical period; E&G Funds; effective August 20, 2015 to December 31, 2015; professional development Ms. Debora Wenger; Associate Professor of Journalism; from salary of $71,000 per annum, pro rata; E&G Funds; to salary of $35,500 for sabbatical period; E&G Funds; effective January 22, 2016 to May 14, 2016; professional development BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA ADMINISTRATION/POLICY February 18, 2015 Page 1 of 3 1. UMMC – APPROVAL OF AMENDMENTS TO VISION AND MISSION STATEMENTS UMMC requests approval of its new mission and vision statements which was last revised on January 20, 2011. Although the new mission statement is editorially different, it does not reflect a substantive change in the education, service, and research missions of the institution. The proposed change flows from the recently completed strategic planning process and represents a more modern succinct expression of the institution’s long standing missions. Both the current and proposed statements are shown below. Current Mission Statement: The University of Mississippi Medical Center unites the interrelated activities of education in the health sciences and accepts responsibility for teaching, research, service and leadership in this field. Its programs embrace training for physicians, dentists, nurses, and allied health professionals; graduate medical education, graduate dental education, and graduate study in the health sciences; and the delivery of health care in the teaching hospitals and clinics. The Medical Center offers equal opportunity in all its programs and services regardless of race, creed, sex, color, religion, marital status, sexual orientation, age, national origin, disability, or veteran status. The University of Mississippi exists to enhance the educational, economic, health care, social, and cultural foundations of the state, region, and nation. Within this framework, the Medical Center’s principal and continuing mission is to train health care professionals at the first professional, graduate, and postgraduate levels for Mississippi. The Medical Center fosters and protects a learning environment conducive to educational excellence in the health sciences, cutting-edge biomedical research to expand the body of basic and applied knowledge, and exemplary patient care that moves toward the ultimate goals of elimination of health disparities and improved health and well-being for the citizens of Mississippi, the region, the nation and the world. As Mississippi’s population is culturally diverse, the institution encourages and actively recruits applicants from all segments of the state’s population. The Medical Center is committed to maintaining an educational environment that fosters respect for and sensitivity to individual differences; promotes personal and professional development; and gives all students the opportunity to succeed. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA ADMINISTRATION/POLICY February 18, 2015 Page 2 of 3 Medical Center graduates at all levels are expected to possess and to demonstrate the skills and knowledge necessary to practice their disciplines as competent health professionals. The Medical Center regularly uses appropriate external and internal measurement tools to assess the institution’s effectiveness in training health professionals for Mississippi and to evaluate its programs for patient care, research, continuing education, and outreach. The expeditious growth of the Medical Center into a major academic health sciences center reflects the deep commitment of the State of Mississippi, the Board of Trustees of State Institutions of Higher Learning, and the administration and faculty of the University of Mississippi Medical Center to the continuing fulfillment of this mission. The University of Mississippi Medical Center is the semi-autonomous academic health sciences center of the University of Mississippi. The Mission Statement for the University of Mississippi can be found at http://www.olemiss.edu/depts/chancellor/mission.html. Proposed Mission Statement: The mission of the University of Mississippi Medical Center is to improve the health and well-being of patients and the community through excellent training for health-care professionals, engagement in innovative research, and the delivery of state-of-the-art health care. Current Vision Statement: The vision of the University of Mississippi Medical Center is to be a great academic health sciences center dedicated to improving lives. The Medical Center goals include: • Exhibiting steadfast dedication to achieving the highest standards of performance in all of our missions: education, research, and health care; • Educating outstanding health care professionals; • Being a leading health sciences research center that improves human health through discovery, leadership, and innovations; • Being the preferred hospitals and clinicians in the Southeast and recognized nationally; • Being the employer of choice, committed to recruiting and retaining highperforming individuals; • Embracing diversity in all of our missions; • Finding solutions to the challenges of health disparities in Mississippi and the nation; BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING CONSENT AGENDA ADMINISTRATION/POLICY February 18, 2015 Page 3 of 3 • Promoting the value of professionalism and lifelong learning in all employees, faculty, and students; and • Enhancing the economic development of the state. Proposed Vision Statement: The University of Mississippi Medical Center will be a premier academic health sciences system that is recognized nationally for high-quality clinical care, for innovative research and for training committed health-care professionals who work together to improve health outcomes and eliminate health disparities. STAFF RECOMMENDATION: Board staff recommends approval of this item. REGULAR AGENDAS BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA ACADEMIC AFFAIRS February 18, 2015 Page 1 of 3 1. SYSTEM – APPROVAL OF NEW ACADEMIC PROGRAMS In accordance with Board Policy 501: Academic Programs and Units “All new curricula, departments, programs of study, organized research or services being proposed by any or all of the institutions must be submitted to the Board and must be approved by the Board before being initiated,” Board approval is requested for establishing three new academic programs. a. Mississippi State University requests permission to plan to offer the Bachelor of Science in Sustainable Bioproducts degree. CIP: 03.0101 Hours to Degree: 124 Hours State Need: This program incorporates contemporary new products from biomass, agricultural residues, etc. Non‐wood based bioproducts and materials such as structural and non‐structural panels made from kenaf, wheat straw, rice hulls, corn stover, etc. have gained market viability in specialty, value‐added applications. Additionally, specialty chemicals such as paints and adhesives from natural resources and bio‐based energy such as that related to wood pellets, bio‐oil, wood alcohol, etc. are increasingly important with respect to sustainable industrial production. Finally, this program incorporates an increasing amount of environmental concerns and interests, social/sustainability consciousness, and multidisciplinary factors. Employment: The forest products industry has a major positive impact on the Mississippi economy. In 2010, direct, indirect, and induced effects summed to an industrial output of $10.38 billion with 63,365 associated jobs. These industries have a present, and forecast future, need for trained professionals. Funding: The total six year cost of implementation is minimal. No additional funds are being requested in support of this program. Enrollment: An estimate of 92 students is projected to enroll with a total of 27 students expected to graduate within the 1st six years. Duplication: No other institutions in the state offer a similar program BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA ACADEMIC AFFAIRS February 18, 2015 Page 2 of 3 b. Mississippi Valley State University requests permission to plan to offer the Bachelor of Arts in PreLaw/Legal Studies degree. CIP: 22.0001 Hours to Degree: 122/123 Hours State Need: Law School remains a vital career path for citizens in Mississippi. Students who plan careers in law need programs that direct and encourage them toward law school. Students who do not attend law school can also profit from greater familiarity with the workings of our legal systems. While MVSU has an advisement system for students who are interested in attending law school, it does not have a curriculum that specifically focuses their efforts toward understanding the law while preparing for law school. This degree is needed to provide that focus along with the intellectual stimulus that comes from studying the law from a multidisciplinary perspective. Student admissions data and surveys have consistently shown that students who apply to MVSU are interested in Pre-Law. Employment: According to the Bureau of Labor Statistics, employment of lawyers is projected to grow 10 percent from 2012 to 2022, about as fast as the average for all occupations. Demand for legal work will continue as individuals, business, and all levels of government require legal services in many areas. Funding: The total six year cost of implementation is $77,000.00. Funding will come from reallocation of current resources. No new funding is being requested. Enrollment: An estimate of 80 students is projected to enroll with a total of 26 students expected to graduate within the 1st six years. Duplication: No other institutions in the System offer this degree. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA ACADEMIC AFFAIRS February 18, 2015 Page 3 of 3 c. University of Southern Mississippi requests permission to plan to offer the Bachelor of Liberal Studies (BLS) degree. CIP: 24.0101 Hours to Degree: 120 credit hours State Need: Recent studies by the Pew Research Center and other agencies point to the correlation between higher education and both employment status and income level: graduates of 4-year colleges perform better in the job market than those with only a high school or an associates’ degree. US Census Bureau statistics from 2012 bear this out for the state of Mississippi: over a 3-year period, 85% of those with a bachelors’ degree or higher were in the waged workforce, by contrast with only 68% of those with a high school education. Employment: By focusing on broad categories of learning rather than disciplinary specialization, the B.L.S. will graduate students who are flexible, adaptable, and wide-ranging in their skills—students who are well prepared for the evolving demands of waged work in the 21st century. Funding: The total six year cost of implementation is $977,010, an annual cost of $162,825. Funding will come from reallocation of current resources. No new funding is being requested. Enrollment: An estimate of 1815 students is projected to enroll with a total of 399 students expected to graduate within the 1st six years. Duplication: ASU, MUW, and UM offer similar programs BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 1 of 15 1. SYSTEM - REQUEST FOR APPROVAL OF PROFESSIONAL SCHOOL TUITION FY2016- RATES (First Approval) Agenda Item Request: Approval is requested for the required 30-day review period for the UM and USM professional school tuition rates effective FY 2016. Additional information will be submitted to the Board under separate cover. Staff Recommendation: Based on Board Policy 702.04C – Consideration of Requests: Requests to establish tuition, and room and board charges shall not be considered until at least thirty days after they have been submitted to provide an opportunity for review by the Board and the Commissioner. The Board reserves the right to waive the thirty-day review requirement during periods of extreme time constraint. Board staff recommends approval of the proposed FY2016 tuition rates for first approval. 2. SYSTEM – REQUEST FOR APPROVAL TO INSTITUTE STUDENT ACTIVITIES FEE a. Agenda Item Request: Mississippi State University (MSU) requests permission to institute a Student Activities Fee to provide an independent source of funding for student organizations, late-night programming, and educational speakers. Specifically, MSU requests permission to institute a $5.00 per semester Student Activities Fee applicable to all students during the Spring and Fall semesters. Students will not be charged the fee during the Summer semester. The AY 2015 budget for student activities is $371,000 and comes from the Starkville Food-and-Beverage Tax, the On-Campus Sales Tax Rebate, and Campus Funding. However, this budget and previous budgets have been insufficient for monetary needs of the many different student organizations on campus. A Student Activities Fee will provide supplemental funding for this budget and will be administered by Student Affairs Administrators and Student Association Members. Estimated Revenue: Based on current enrollment, MSU projects this fee to generate approximately $201,610 of new revenue annually. Staff Recommendation: Based on Board Policy 702.04C, Consideration of Requests, requests to establish tuition, and room and board charges shall not be considered until at least thirty days after they have been submitted to provide an opportunity for review by the Board and the Commissioner. The Board reserves the right to waive the thirty- BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 2 of 15 day review requirements during periods of extreme time constraint. Board staff recommends approval for first reading of this item. b. Agenda Item Request: The University of Mississippi (UM) requests permission to institute a Student Activities Fee to provide an independent source of funding for student organizations, late-night programming, and educational speakers. Specifically, UM requests permission to institute a $5.00 per semester Student Activities Fee applicable to all students during the Spring and Fall semesters. Students will not be charged the fee during the Summer semester. The AY 2015 budget for student activities is $125,980 and comes from the Student Government Funding. However, this budget and previous budgets have been insufficient for monetary needs of the many different student organizations on campus. A Student Activities Fee will provide supplemental funding for this budget and will be administered by Student Affairs Administrators and Student Association Members. Estimated Revenue: Based on current enrollment, UM projects this fee to generate approximately $201,120 of new revenue annually. Staff Recommendation: Based on Board Policy 702.04C, Consideration of Requests, requests to establish tuition, and room and board charges shall not be considered until at least thirty days after they have been submitted to provide an opportunity for review by the Board and the Commissioner. The Board reserves the right to waive the thirtyday review requirements during periods of extreme time constraint. Board staff recommends approval for first reading of this item. c. Agenda Item Request: Jackson University (JSU) requests permission to institute a Student Activities Fee to provide an independent source of funding for student organizations, late-night programming, and educational speakers. Specifically, JSU requests permission to institute a $10.00 per semester Student Activities Fee applicable to all students during the Spring and Fall semesters. Students will not be charged the fee during the Summer semester. The AY 2015 budget for student activities is $135,000 and comes from the Office of Student Affairs. However, this budget and previous budgets have been insufficient for monetary needs of the many different student organizations on campus. A Student Activities Fee will provide supplemental funding for this budget and will be administered by Student Affairs Administrators and Student Association Members. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 3 of 15 Estimated Revenue: Based on current enrollment, JSU projects this fee to generate approximately $190,160 of new revenue annually. Staff Recommendation: Based on Board Policy 702.04C, Consideration of Requests, requests to establish tuition, and room and board charges shall not be considered until at least thirty days after they have been submitted to provide an opportunity for review by the Board and the Commissioner. The Board reserves the right to waive the thirtyday review requirements during periods of extreme time constraint. Board staff recommends approval for first reading of this item. d. Agenda Item Request: Mississippi Valley State University (MVSU) requests permission to institute a Student Activities Fee to provide an independent source of funding for student organizations, late-night programming, and educational speakers. Specifically, MVSU requests permission to institute a $10.00 per semester Student Activities Fee applicable to all students during the Spring and Fall semesters. Students will not be charged the fee during the Summer semester. The AY 2015 budget for student activities is $3,480 and comes from Campus Funding. However, this budget and previous budgets have been insufficient for monetary needs of the many different student organizations on campus. A Student Activities Fee will provide supplemental funding for this budget and will be administered by Student Affairs Administrators and Student Association Members. Estimated Revenue: Based on current enrollment, MVSU projects this fee to generate approximately $44,440 of new revenue annually. Staff Recommendation: Based on Board Policy 702.04C, Consideration of Requests, requests to establish tuition, and room and board charges shall not be considered until at least thirty days after they have been submitted to provide an opportunity for review by the Board and the Commissioner. The Board reserves the right to waive the thirtyday review requirements during periods of extreme time constraint. Board staff recommends approval for first reading of this item. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 4 of 15 3. DSU- REQUEST TO INSTITUTE CAPITAL IMPROVEMENT FEE Agenda Item Request: Delta State University (DSU) requests permission to institute a Capital Improvement Fee to provide a stable base of support for capital projects. Specifically, DSU requests permission to institute a $50 Capital Improvement Fee applicable to all students (resident, non-resident, on-line, and on any campus). The fee will be assessed at an hourly rate of $4.17 for undergraduate students and at an hourly rate of $5.56 for graduate students and will be capped at $50 per term. The fee will be assessed for all academic terms starting after August 1, 2015. Planned uses of this new revenue are as follows: Minor renovation of educational facilities ($350,000); Improvement to the University’s IT Storage Area Network ($250,000); Bathroom renovations in residence halls ($400,000); New and more efficient Air Handler Units in various facilities ($350,000); Campus emergency generators ($135,000); Campus Signage ($175,000). Estimated Revenue: Based on current enrollment, DSU projects this fee to generate approximately $300,000 of new revenue annually, all of which will be recorded in the plant fund and used strictly to address facility repair needs on campus. Staff Recommendation: Based on Board Policy 702.04C, Consideration of Requests, requests to establish tuition, and room and board charges shall not be considered until at least thirty days after they have been submitted to provide an opportunity for review by the Board and the Commissioner. The Board reserves the right to waive the thirty-day review requirement during periods of extreme time constraint. Board staff recommends waiver of the first reading and approval of this item. 4. MSU- REQUEST TO APPROVE BOND RESOLUTION TO ISSUE MSU EDUCATIONAL BUILDING CORPORATION BONDS FOR NEW RESIDENCE HALLS Agenda Item Request: Mississippi State University (MSU) requests approval to issue, through the Mississippi State University Educational Building Corporation (MSUEBC), up to a maximum aggregate principal amount of $61,045,000 million in long-term fixed rate bonds for the purpose of constructing two residence halls. MSU requests approval of the Board Resolution. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 5 of 15 Following are the professionals: Bond Counsel - Jones Walker, LLP Underwriters - Morgan Stanley & Company, LLC, and Raymond James & Associates, Inc. Financial Advisor - First Southwest History: The New Residence Halls North project was initiated with IHL in May 2014. In January 2015 the Board reviewed the financial advisor’s report provided by First Southwest related to the New Residence Halls and approved the bond counsel, underwriters, and financial advisor. Purpose: The purpose of the project is to construct two new residence halls on the north side of campus. The residence halls will consist of 245,363 sq. ft. and provide 752 beds. The project will also include an additional 7,522 sq. ft. facility to house the Sonny Montgomery Center for America’s Veterans, which will be a stand-alone facility on the residence hall site. Mississippi State University will also demolish Evans Hall (212 bed spaces), constructed in 1965, as part of this project to allow for the site of the new residence halls and the Sonny Montgomery Center for America’s Veterans. The demolition of Evans Hall will be contained within the project scope and budget. Based on the goal of MSU’s enrollment of 22,000, and after looking at peer institutions and their historical demand for on-campus housing, MSU estimates the university will need on-campus housing for approximately 5,000 students. Currently, MSU provides housing for approximately 4,480 students. Should MSU decide to renovate Rice Hall in the future, that would reduce its current occupancy by a minimum of 100 beds. Should MSU demolish Rice Hall instead of renovating it, the university would lose approximately 500 beds. Given the above, the new 752-bed project would bring MSU to around 5,000 beds (4,480 – 212 + 752). Some of the remaining older residence halls such as Hull, Herbert, McKee, Sessums and Critz will need to be addressed in the next five to10 years. Based on actual demand in future years, decisions will need to be made to either demolish or renovate these older residence halls. These decisions could lead to further loss of bed count. Specific Type of Contract: Long-term bonds Scope of Work: The bond issue includes funds for construction of two new residence halls and the demolition of Evans Hall. First Southwest is the financial advisor. Bond Counsel is Jones, Walker, LLP, and the Underwriters are Morgan Stanley & Company, LLC, and Raymond James & Associates, Inc. Term of Contract: Long-term bonds will be issued with maturities of up to 30 years. Termination Options: The bond issue documents contain redemption provisions which can be used in case of market changes. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 6 of 15 Contract Amount: MSU expects to issue up to a maximum of $61,045,000 par value in fixed rate bonds. Proceeds from the bond issue will support the project fund ($58 million), capitalized interest, cost of issuance, and the underwriter’s discount. Based on the Financial Advisor’s report dated November 28, 2014, the proposed debt amortization will have will have an average annual debt payment of $3,822,967 at an expected true interest cost of 4.66 percent. Funding Source for Contract: Housing and Residence Life at MSU is a stand-alone, auxiliary operation that supports operations through self-generated revenues. Each residence hall within the system, including the new North Hall facilities, generate sufficient revenue to support operational costs, including EBC debt service payments when applicable. EBC debt payments for the new residence halls will be serviced from student housing fees associated with the project. The MSU Foundation will provide funding to construct the Sonny Montgomery Center for America’s Veterans. Staff Recommendation: Board Policy 906 states “Following the Board’s approval of the project initiation, the institution shall return to the Board at a subsequent meeting and present a resolution for Board approval granting permission for issuing bonds or other forms of debt obligations for the specific project and for approval of the following documents to which the Board will be a party: the lease, the ground lease, the preliminary official statement (if required for the type of debt to be issued), and the continuing disclosure agreement (if required for the type of debt to be issued). The resolution also grants permission for the documents to be executed.” The Board approved the bond initiation at the January 2015 Board meeting. The bond resolution and form of bond documents has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval. 5. UMMC- REQUEST FOR APPROVAL OF SERVICE AGREEMENT WITH ARMSTRONG AND ASSOCIATES, INC. Agenda Item Request: The University of Mississippi Medical Center requests approval to enter into a service agreement with Armstrong and Associates, Inc. to collect bad debt for both hospital and physician services for its main campus and Holmes County locations. Contractor’s Legal Name: Armstrong and Associates, Inc. (Armstrong) History of Contract: On May 19, 2011, the IHL Board approved UMMC to enter into an agreement with two (2) bad debt collectors, Hollis Cobb and The CBE Group, Inc. (CBE). Both agreements were for the collection of accounts receivable primary bad debt for UMMC. UMMC’s original strategy was to have two bad debt vendors contracted at the same time to drive performance. Hollis Cobb and CBE were awarded the UMMC contracts for bad debt BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 7 of 15 collection services per RFP#1132 in 2011. The contracts were for a term of two (2) years with two (2) options for a one (1) year renewal, for a maximum life of the contract not to exceed four (4) years. The total approved cost for each agreement was $5,068,800. In February, 2013, CBE submitted a notice of termination to UMMC effective sixty (60) days after February 12, 2013. The accounts that were in CBE’s possession were transferred to Hospital Billing Collections Services (HBCS), a vendor through Novation, UMMC’s primary group purchasing organization (GPO). UMMC utilized the services of HBCS without an agreement and paid $55,977.56 to HBCS in collection fees. Any accounts that are uncollected that were once worked by HBCS due to the CBE’s termination have since transferred back to UMMC. Also, UMMC began working on specifications to issue a new Request for Proposal (RFP) to obtain another bad debt collection vendor so that it could continue its original business strategy of utilizing two bad debt vendors. Since February 2013, any new accounts that would have been place with CBE were placed with Hollis Cobb. Specific Type of Contract: This is a new service agreement for the collection of bad debt. Purpose: This is an agreement for bad debt collection services. This agreement allows for the management and collection of accounts that meet the criteria for “bad debt” and have been determined uncollectable by standard institutional billing practices. By contracting with Armstrong, UMMC is able to assign aged accounts to a professional service for debt collection and aged balance management as a best practice method to improve patient revenue. This agreement will allow UMMC to engage a second bad debt collection agency to actively work its bad debt accounts. Scope of Work: Armstrong will provide the following A. Upon receipt of the Collection Information, Armstrong shall use its best efforts to secure recovery on such Delinquent Accounts referred by UMMC in a timely manner, including but not limited to the following: (i) contacting Consumers via phone or written correspondence; (ii) reviewing Collection Information; (iii) locating and identifying the Consumer, and (iv) such other efforts available under federal and state law Armstrong deems necessary or desirable to secure recoveries on the UMMC’s Delinquent Accounts. However, any legal action taken in relation to the Delinquent Accounts must first be approved in writing by UMMC, including but not limited to, use of an attorney, enrollment of judgments, and any other proceeding whereby the court system is accessed. UMMC agrees to respond to Armstrong within ninety (90) days of request for legal action and provide all necessary documentation for legal action, if legal action is approved by UMMC. B. Furnish to UMMC written reports accounting for all collections made in the preceding reporting period. C. Provide UMMC with a monthly collection analysis report in turnover month. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 8 of 15 D. Armstrong may not sell, transfer or subrogate any account turned over to them by UMMC without the express written consent of UMMC. E. Armstrong and all of its agents and employees shall abide by the provision of the Federal Fair Debt Collection Practices Act (15 U.S.C. s1692, et seq.) and applicable state laws. F. Armstrong will coordinate with UMMC to provide an onsite representative to handle administrative duties as assigned for the working and processing of accounts place with Armstrong. G. Armstrong must not engage subcontractors to work UMMC accounts without the prior written consent of UMMC. H. Armstrong will review all accounts to identify any potential third party payment source, focusing primarily on Mississippi (MS) Medicaid. I. Armstrong will pursue any billing and collection processes identified by third party payment sources, including potential billing of all governmental, commercial and private payers. J. Armstrong shall be responsible for sending and receiving data extracts (including, but not limited to: automated notes, payments, and adjustments) to UMMC on a weekly basis in a predefined format compatible with UMMC’s Epic software billing system. K. Armstrong shall record all collection calls (both inbound and outbound) and make available to UMMC to review upon request. Armstrong shall archive all collection calls for a period of no less than ninety (90) days. L. Armstrong shall skip-trace and updated account information in UMMC’s host patient accounting system with correct and/or updated patient contact or demographic information. Armstrong shall provide the updated information directly to UMMC’s system. UMMC will provide access to Armstrong to allow for creation of weekly file containing applicable information. UMMC will provide the following: A. UMMC agrees that all accounts turned over to Armstrong for collection processing have balances that reflect legitimate, enforceable obligations of the debtor. No account will be turned over to Armstrong that has been discharged in bankruptcy or included in a presently pending bankruptcy. B. All necessary information for collection which may include copies of : Debtor account record denoting debtor and guarantor information. Detailed listing of billing, payment and collection activity. Any other data pertinent to the account to include emergency contact, employment information, and any other document signed by patient or guarantor. C. A systematic method of accounting and reporting of cash receipts received in the UMMC’s Business Office on accounts held by Armstrong so that said accounts can be credited and Armstrong compensated accordingly. Payments shall be reported timely so that Armstrong may cease collection activity. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 9 of 15 It is understood and agreed that UMMC retains the right to discontinue Armstrong’s pursuit of any account upon notification to Armstrong by an authorized representative of UMMC. Term of Contract: The initial term of this agreement is for two (2) years with the option of two (2) one (1) year renewals for a total term of four (4) years, beginning February 1, 2015. UMMC request the authority to contract for up to four (4) years with the total possible term being February 1, 2015 through January 31, 2019. Termination Options: This agreement may be terminated as follows: Either party may terminate provided thirty (30) day notice is given to the other party; Failure of Armstrong to comply with E-Verify requirements; In the event of a reduction of funds available to UMMC; In the event of a force majeure event which would render the affected party unable to perform; In the event of a change in law resulting in an adverse consequence; UMMC may terminate the agreement and the underlying business relationship in the event that Armstrong, acting as business associate, as defined by the Health insurance Accountability and Portability Act (HIPAA), improperly uses or discloses protected health information in breach of the Business Associate Agreement (BAA); and UMMC may terminate if it makes the determination that a material condition of performance by Armstrong, acting as a business associate, as defined by the HIPAA, has changed or the business associate has breached a material term of BAA. Contract Amount: The estimated total cost of this agreement is $5,051,478.58 with a breakdown provided below. Estimated Amount Collection Estimated Collected* Fee Collection Cost Year One $ 9,360,000.00 12.9% $ 1,207,440.00 Year Two* $ 9,640,800.00 12.9% $ 1,243,663.20 Year Three* $ 9,930,024.00 12.9% $ 1,280,973.10 Year Four* $ 10,227,924.72 12.9% $ 1,319,402.29 Estimated Total Cost $ 39,158,748.72 12.9% $ 5,051,478.58 *UMMC estimates $120,000,000 in accounts will be placed for collection within the first year which is based on historical amounts of bad debt accounts. The annual projected placement was then multiplied by eight percent (8%) for a rate of return to achieve the annual gross collections. UMMC estimates that 97.5% of gross collections amount will be realized BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 10 of 15 through account placement under this agreement to give the estimated amount collected. The estimated amount collected is then multiplied by 12.9%, which is the collection fee, to derive the cost of collections. For years two (2), three (3) and four (4), UMMC used a multiplier of three percent (3%) compounded annually to estimate the amount collected to account for potential increases in account volumes. Funding Source of Contract: This agreement will be funded by hospital patient revenues. Contractor Selection Process: UMMC issued RFP#1153, Debt Collection Services on February 10, 2014 with proposal due March 11, 2014. UMMC received twenty-nine (29) proposals in response to the request. UMMC reviewed all 29 proposals and narrowed down the proposals to five (5) vendors, listed in order of cost from lowest to highest: ROI, Armstrong and Associates, SSI, AmSher and Professional Recovery Consultants. The UMMC consensus group ultimately selected the second lowest bidder, due to their demonstrated experience with other academic medical centers, their technical knowledge of our billing system and reasonable cost. The lowest bidder was not selected by the consensus group because, the bidder did not have sufficient technical knowledge of our electronic billing systems, which was needed in order to appropriately format reports for UMMC to transfer into our billing system and they showed little to no experience with academic medical centers of like size. Staff Recommendation: Based on Board Policy 707.01, Land, Property and Service Contracts, Board approval is required prior to execution of the contract for all other land, personal property, and service contracts that require an aggregate total expenditure of more than $250,000. The agreement has been reviewed and approved by the Attorney General’s Office. At the January 2015 Board meeting, Board members requested additional information from UMMC about this item. UMMC has gathered information and will present this request to the Board. 6. USM- REQUEST FOR APPROVAL OF RESIDENCY AND OUT-OF-STATE TUITION WAIVER POLICY – Veteran and Military Student Update Purpose: The University of Southern Mississippi (USM) is requesting approval to modify the existing policy for granting waivers of out-of-state tuition to USM students. The modifications are limited to the out-of-state waivers authorized for military and veteran students and their spouses or dependents. Authority and Effective Date: This policy reflects, and shall be construed in conformity with the Policies and Bylaws of the Board of Trustees of State Institutions of Higher BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 11 of 15 Learning and with Mississippi statutory law, including Miss. Code Ann. § 37-103-25, as amended. This policy shall be effective upon approval by IHL and USM with individual waivers becoming applicable as of July 1, 2015. Proposed Out-of-State Waiver Policy: The following list of proposed out-of-state tuition waivers will be authorized in addition to those currently in existence by virtue of prior statutory law and IHL Board Policy. A. Military/Veterans – A veteran/student who has received a discharge other than “dishonorable” or has been released from a period of not fewer than 90 days of service in the active military, naval, or air service less than three years before the date of enrollment in the course concerned. B. Veteran Family Members – An individual who is entitled to assistance under sections 3311(b) (9) or 3319 of Title 38, United States Code, by virtue of such individual’s relationship to a veteran described in subparagraph “A”. All waivers are contingent upon the student’s submission to USM of timely and adequate proof of having met the applicable criteria and are decided on a case-by-case basis. To be eligible for out-of-state tuition waivers, applicants must meet admissions requirements for the initial award and maintain satisfactory academic progress for continued eligibility. The changes are recommended in order to comply with Section 702 of The Veterans Access, Choice and Accountability Act of 2014, codified at 38 U.S.C.A. § 3679. Staff Recommendation: Board staff recommends approval of this item. 7. USM – REQUEST TO WAIVE SUBSEQUENT MEETING REQUIREMENT IN BOARD POLICY 906 AND APPROVE A BOND RESOLUTION AND FORM OF BOND DOCUMENTS TO REFUND EDUCATIONAL BUILDING CORPORATION BONDS NOT TO EXCEED $140,000,000 FOR SERIES 2006A, 2006B, SERIES 2007, SERIES 2009, AND THE CERTIFICATES OF PARTICIPATION SERIES 2009 Agenda Item Request: The University of Southern Mississippi (“USM”) requests approval to issue, through the S.M. Educational Building Corporation (the “EBC”), a maximum of $140,000,000 revenue refunding bonds in one or more taxable and/or tax-exempt series (the “Bonds”) for the purpose of advance refunding and defeasing all or a portion of the EBC’s (a) S.M. Educational Building Corporation Revenue Refunding Bonds, Series 2006A, issued in the original principal amount of $24,855,000 (the “2006A Bonds”); (b) S.M. Educational Building Corporation Revenue Bonds, Series 2006B (Village Project), issued in the original BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 12 of 15 principal amount of $18,725,000 (the “2006B Bonds”); (c) S.M. Educational Building Corporation Revenue Bonds, Series 2007 (Athletics Facilities Improvements Project), issued in the original principal amount of $27,190,000 (the “2007 Bonds”); and (d) S.M. Educational Building Corporation Revenue Bonds, Series 2009 (Campus Facilities Improvements Project), issued in the original principal amount of $49,900,000 (the “2009 Bonds”); (e) Certificates Of Participation (University of Southern Mississippi Parking Facilities Construction Project), Series 2009, issued in the original principal amount of $15,520,000 (the “2009 COPs,” and together with the 2006A Bonds, 2006B Bonds, 2007 Bonds, 2009 Bonds, and the 2009 COPS, the “Refunded Bonds”) by the University of Southern Mississippi (the “University”) and the University of Southern Mississippi Real Estate Foundation, Inc. (the “Foundation”), to finance the construction and financing of a parking garage; acquiring from the Foundation that certain parking facility financed with the 2009 COPs; approving various documents related to the proposed bond issue and paying the issuance costs of the Bonds. USM also requests approval of hiring Butler Snow, LLP, as bond counsel, Raymond James & Associates, Inc., as senior underwriter, and First Southwest, as financial advisor. Finally, USM and the EBC ask this Board to waive the requirements of IHL Board Policy 906 that delay the adoption of various documents until a subsequent meeting after the financial advisor’s presentation and move forward at this meeting with the approval of the execution and delivery by the President of this Board and the Commissioner of Higher Education, the President of USM, and the President and Secretary-treasurer of the EBC, where appropriate, of the following documents: 1. Ground Lease by and among this Board, the University and the EBC, providing that the Ground Lease will not terminate until the Bonds are paid in full or the Indenture is discharged, whichever occurs earlier; 2. Lease Agreement by and between the EBC and this Board, providing for the payment of rent by this Board to the EBC in an amount sufficient to pay the debt service on the Bonds; 3. Bond Purchase Agreement by and between the EBC and Raymond James & Associates, Inc. (the "Underwriter"), providing for the sale of the Bonds by the EBC to the Underwriter; 4. (Preliminary) Official Statement pertaining to the public marketing and sale of the Bonds to be distributed by the Underwriter to prospective bond purchasers; and BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 13 of 15 5. Continuing Disclosure Agreement by and among the EBC, this Board and the trustee for the Bonds, providing for the annual disclosure of certain information pertaining to the Bonds. History: This Board has previously approved and the EBC has issued its (a) S.M. Educational Building Corporation Revenue Refunding Bonds, Series 2006A, issued in the original principal amount of $24,855,000 (the “2006A Bonds”); (b) S.M. Educational Building Corporation Revenue Bonds, Series 2006B (Village Project), issued in the original principal amount of $18,725,000 (the “2006B Bonds”); (c) S.M. Educational Building Corporation Revenue Bonds, Series 2007 (Athletics Facilities Improvements Project), issued in the original principal amount of $27,190,000 (the “2007 Bonds”); (d) S.M. Educational Building Corporation Revenue Bonds, Series 2009 (Campus Facilities Improvements Project), issued in the original principal amount of $49,900,000 (the “2009 Bonds”). Additionally, this Board has previously approved the construction of a parking garage and the issuance of Certificates Of Participation (University of Southern Mississippi Parking Facilities Construction Project), Series 2009, issued in the original principal amount of $15,520,000 (the “2009 COPs,” and together with the 2006A Bonds, 2006B Bonds, 2007 Bonds, 2009 Bonds, and the 2009 COPS, the “Refunded Bonds”) by the University of Southern Mississippi (the “University”) and the University of Southern Mississippi Real Estate Foundation, Inc. (the “Foundation”), to finance the construction and financing of said parking garage. Purpose: The purpose is to initiate the bond refunding process and approve documents necessary to advance refund and defease all or part of the Refunded Bonds in one or more taxable and/or tax-exempt series at a par value not to exceed $140,000,000. The current low interest rate environment presents the EBC with an opportunity to receive a lower interest rate on the Refunded Bonds and to acquire the parking garage from the Foundation. The Financial Advisor calculates the Net Present Value savings for all refunded bonds to be $8.6 million, or 7.35% of the outstanding principal. Net Present Value savings for individual bonds range from 13.63% to 2.49%. Miss. Code Ann. 37-27-13 requires a minimum net present value savings of 2% for refunding bonds. Series Refunded 2006A** 2006B 2007 2009 2009 COP's Blended Par Amount $15,780,000 $16,235,000 $23,500,000 $47,450,000 $14,255,000 $117,220,000 Old Debt Service $20,185,231 $25,118,838 $37,936,600 $86,442,163 $24,889,306 $194,572,138 New Debt Service $18,893,665 $22,304,004 $34,755,438 $83,578,042 $24,560,029 $184,091,178 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 14 of 15 $1,291,566 $2,814,833 $3,181,163 $2,864,121 $329,277 $10,480,960 Net Present Value Savings (%) 7.06% 13.63% 10.27% 5.31% 2.49% 7.35% Net Present Value Savings ($) $1,114,173 $2,213,406 $2,412,316 $2,521,332 $354,501 $8,615,728 TIC of Refunding Bonds 2.51% 2.85% 2.97% 3.29% 3.33% 3.14% Total DS Savings Specific Type of Contract: Long-term bonds Scope of Work: The bond issue includes funds for the advance refunding and defeasance of the Refunded Bonds. First Southwest is the financial advisor. Butler Snow, LLP, is bond counsel and the senior underwriter is Raymond James & Associates, Inc. Term of Contract: Long-term bonds in one or more taxable or tax-exempt series will be issued with maturities not to exceed thirty (30) years. Termination Options: The bond issue documents contain redemption provisions which can be used in case of market changes. Funding Source for Contract: Debt payments will be serviced by revenue that secures each of the Refunded Bonds. Staff Recommendation: Board Policy 906 states “The institution shall submit the report of the financial advisor(s) and the request for a project initiation to the Board for approval. The request must state the institution’s intent, justify the need for the project and give an estimate of the total construction budget. The request must also include naming the design professionals, bond counsel and senior underwriter(s) selected by the board of the educational building corporation… Following the Board’s approval of the project initiation, the institution shall return to the Board at a subsequent meeting and present a resolution for Board approval granting permission for issuing bonds or other forms of debt obligations for the specific project and for approval of the following documents to which the Board will be a party: the lease, the ground lease, the preliminary official statement (if required for the type of debt to be issued), and the continuing disclosure agreement (if required for the type of debt to be issued). The resolution also grants permission for the documents to be executed.” BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA FINANCE February 18, 2015 Page 15 of 15 The institution is presenting the Financial Advisor’s report for the Board’s review along with the intent, justification, and project professionals. In addition, the institution is also requesting approval of the bond resolution and form of bond documents. Therefore the institution also requests that the Board waive the subsequent meeting requirement. The bond resolution and the form of bond documents has been reviewed and approved by the Attorney General’s Office. Board staff recommends approval of this item. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL FEBRUARY 18, 2015 PAGE 1 OF 2 1. UMMC – APPROVAL TO MODIFY CONTRACT WITH BUTLER SNOW, LLP AS OUTSIDE COUNSEL The University of Mississippi Medical Center requests approval to modify its contract with Butler Snow, LLP as outside counsel. The Board previously approved the employment of Butler Snow to assist the University in intellectual property matters, healthcare regulatory and compliance matters, healthcare administrative hearings, human resources issues and commercial and general matters. The approval was for a term of December 1, 2014 through November 30, 2015 at a rate of $245 per hour up to a do not exceed amount of $250,000. UMMC requests Board approval to increase this spending authority by $100,000 to a new do not exceed amount of $350,000. All other conditions of the contract remain the same. The Attorney General has approved this request. STAFF RECOMMENDATION: Board staff recommends approval of this item. 2. UMMC – APPROVAL TO MODIFY CONTRACT WITH WATKINS AND EAGER, PLLC AS OUTSIDE COUNSEL The University of Mississippi Medical Center requests approval to modify its contract with Watkins and Eager, PLLC, as outside counsel. The Board previously approved the employment of Watkins and Eager to assist the University in real estate matters. The approval was for a term of July 1, 2014 through June 30, 2015 at a rate of $165 per hour up to a do not exceed amount of $350,000. UMMC requests Board approval to increase this spending authority by $150,000 to a new do not exceed amount of $500,000. All other conditions of the contract remain the same. The Attorney General has approved this request. STAFF RECOMMENDATION: Board staff recommends approval of this item. 3. SYSTEM – REQUEST FOR APPROVAL FOR FIRST READING OF PROPOSED CHANGES TO BOARD POLICY 801.04 EMPLOYMENT CONTRACTS Board approval for first reading is requested regarding the below indicated proposed changes to Board Policy 801.04 Employment Contracts. 801.04 EMPLOYMENT CONTRACTS Acting under appropriate statutory authority and Board policy, the Board of Trustees hereby empowers the Institutional Executive Officers of the several institutions the authority to approve and execute contracts only with deans, professors, other members of the teaching staff and such categories of administrative employees as designated by the BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING REGULAR AGENDA LEGAL FEBRUARY 18, 2015 PAGE 2 OF 2 Commissioner in accordance with state law and Board Policy. Board approval for appointments and promotions is still required as provided within Board policy 401.0102 Delegation of Authority. The maximum Board approved contract length is for four years. Unless otherwise approved by the Board, no one employed at the institutions may have a multi-year employment contract other than the chancellor/president, the athletic director, coaches, and non-tenure track faculty. (See IHL Policy 404.01 regarding non-tenure track faculty contracts.) Such multi-year employment contracts may not exceed four years in length. Employee contracts are to be maintained on campus in an office designated by the Institutional Executive Officer. The contracts for Institutional Executive Officers and selected athletic personnel are also to be maintained at the Office of the Commissioner. (BT Minutes, 9/90; 3/98; 11/2005; 3/2008) STAFF RECOMMENDATION: Board staff recommends approval of this item. INFORMATION AGENDAS BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 1 of 18 SYSTEM: REAL ESTATE ITEMS APPROVED SUBSEQUENT TO THE January 22, 2015 BOARD MEETING SUBMISSION DEADLINE NOTE: THE FOLLOWING ITEMS WERE APPROVED BY THE BOARD'S REAL ESTATE AND FACILITIES STAFF ACCORDING TO BOARD POLICY §904 (A) BOARD APPROVAL WHICH STATES: Board Policy §904(A), Board Approval When funding has been secured from whatever source, each institution shall bring all new projects to the Board for the approval of the project initiation and the appointment of a design professional, as required in Board Policy §902, Initiation of Construction Projects. This request shall include a detailed description of the work to be accomplished, the total budget, the funding source and the design professional recommended to the Board for approval. After the Board has granted approval of both the initiation of a project and the appointment of a design professional, no further Board action or approval is required for the completion of the project if the following conditions are met: 1. The detailed description of the work to be accomplished, as specifically approved by the Board within the project initiation, has not changed. 2. The total project budget has not increased beyond the amount specifically approved by the Board as part of the project initiation; 3. The funding source has not changed from that specifically approved by the Board as part of the project initiation; and 4. The design professional previously approved by the Board has not changed. If the above four conditions have been met, the Board’s Real Estate and Facilities staff, through the Commissioner, shall have the authority to approve any and all necessary documents related to the completion of the subject construction project, including the approval of construction documents, the advertisement and receipt of bids, the approval of a bid, the award of a contract and any change orders. Change Order Approval Note: No change orders approved by Board staff, as reflected within any of the following informational agenda items, increase the Board approved total project budget. The total project budget as approved by the Board provides for a contingency fund, which allows for an increase in the construction budget of between five and ten percent. Any increase in the total project budget caused by a change order, would require Board approval and could not be approved by Board staff until the budget increase is approved by the Board. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 2 of 18 DELTA STATE UNIVERSITY 1. DSU – GS 102-255 – Central Mechanical Plant Phase II Approval Request #1: Award of Construction Contract Board staff approved the Award of Contract in the amount of $1,578,288.00 to the apparent low bidder, Acy Mechanical, LLC. Approval Status & Date: APPROVED, January 12, 2015 Project Initiation Date: August 15, 2013 Design Professional: ERG General Contractor: Acy Mechanical, LLC Project Budget: $2,000,000.00 JACKSON STATE UNIVERSITY 2. JSU – GS 103-268 – Capital Centre Improvements Phase IV Approval Request #1 (INTERIM): Budget Increase In accordance with Board Policy §904 (B) Board Approval, Interim Chair Approval was granted by Mr. C. D. Smith, Chair of the Real Estate and Facilities Committee on December 15, 2014 to approve the budget increase from $3,065,842.00 to $3,565,842.00, an increase of $500,000.00. Interim Approval Status & Date: APPROVED, December 15, 2014 Project Initiation Date: November 17, 2011 Design Professional: M3A Architecture, PLLC General Contractor: MAC Construction of Mississippi, LLC Project Budget: $3,565,842.00 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 3 of 18 3. JSU – GS 103-277 – Library Envelope Repairs Approval Request #1: Change Order #1 Board staff approved Change Order #1 in the amount of $4,991.00 and zero (0) additional days to the contract of Coleman Hammons Construction Company, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property Management. Approval Status & Date: APPROVED, December 10, 2014 Change Order Summary: Change Order #1 is necessary: to replace structurally unsound clay tile backup at the east wall of the original library, and to provide credit to delete the access tunnels that were not required and to change the specified screw-on masonry ties to the continuous wire reinforcement at the new CMU installation and for repair of a variety of inadequate CMU conditions at the existing library walls, at all heights. Total Project Change Orders and Amount: One (1) change order for a total amount of $4,991.00. Project Initiation Date: February 20, 2014 Design Professional: Burris/Wagnon Architects, P.A. General Contractor: Coleman Hammons Construction Company, Inc. Project Budget: $1,550,000.00 4. JSU – GS 103-278 – School of Engineering Phase II Approval Request #1 (INTERIM): Budget Increase In accordance with Board Policy §904 (B) Board Approval, Interim Chair Approval was granted by Mr. C. D. Smith, Chair of the Real Estate and Facilities Committee on December 10, 2014 to approve the budget increase from $1,963,643.41 to $8,600,000.00, an increase of $6,636,356.59. Interim Approval Status & Date: APPROVED, December 10, 2014 Approval Request #2: Contract Documents Board staff approved Contract Documents as submitted by Cooke, Douglass, Farr and lemons Architects & Engineers, design professional. Approval Status & Date: APPROVED, December 17, 2014 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 4 of 18 Approval Request #3: Advertise & Receive Bids Board staff approved request to advertise and receive bids. Approval Status & Date: APPROVED, December 17, 2014, 2014 Project Initiation Date: November 17, 2011 Design Professional: Cooke, Douglass, Farr and Lemons Architects & Engineers General Contractor: TBD Project Budget: $8,600,000.00 MISSISS1PPI STATE UNIVERSITY 5. MSU – GS 113-136 – Meat Science Laboratory Approval Request #1: Design Development Documents Board staff approved the Design Development Documents as submitted by Pryor & Morrow Architects & Engineers, P.A. Approval Status & Date: APPROVED, January 12, 2015 Project Initiation Date: October 17, 2013 Design Professional: Pryor & Morrow Architects & Engineers, P.A. General Contractor: TBD Project Budget: $7,700,000.00 6. MSU – IHL 205-260 – Expansion & Renovation to Davis Wade Stadium (Signage) Approval Request #1: Change Order #1 Board staff approved Change Order #1 in the amount of $131,513.12 and twenty (20) additional days to the contract of Mitchell Signs, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property Management. Approval Status & Date: APPROVED, November 25, 2014 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 5 of 18 Change Order Summary: Change Order #1 is necessary: for additions and deletions of signage & wayfinding and environmental graphics, and additional days for work as indicated herein. Total Project Change Orders and Amount: One (1) change order for a total amount of $131,513.12. Project Initiation Date: February 20, 2014 Design Professional: LPK Architects, P.A. General Contractor: Mitchell Signs, Inc. Project Budget: $80,000,000.00 7. MSU – IHL 205-276 – New Residence Hall North Approval Request #1: Design Development Documents Board staff approved the Design Development Documents as submitted by The McCarty Company - Design Group, P.A. Approval Status & Date: APPROVED, December 10, 2014 Approval Request #2: Contract Documents Board staff approved Contract Documents as submitted by The McCarty Company Design Group, P.A., design professional. Approval Status & Date: APPROVED, December 10, 2014 Approval Request #3: Advertise & Receive Bids Board staff approved request to advertise and receive bids. Approval Status & Date: APPROVED, December 10, 2014 Project Initiation Date: May 15, 2014 Design Professional: The McCarty Company - Design Group, P.A. General Contractor: TBD Project Budget: $60,500,000.00 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 6 of 18 8. MSU – IHL 205-277 – Russell Street Pedestrian and Bicycle Path Approval Request #1 (INTERIM): Appointment of Design Professional In accordance with Board Policy §904 (B) Board Approval, Interim Chair Approval was granted by Mr. C. D. Smith, Chair of the Real Estate and Facilities Committee on December 10, 2014 to approve the appointment of Neel-Schaffer, Inc. as design professional. Interim Approval Status & Date: APPROVED, December 10, 2014 Project Initiation Date: August 21, 2014 Design Professional: Neel-Schaffer, Inc. General Contractor: TBD Project Budget: $1,082,961.00 MISSISSIPPI UNIVERSITY FOR WOMEN 9. MUW – GS 104-182 – Fant Library Renovation – PH II Approval Request #1: Change Order #4 Board staff approved Change Order #4 in the amount of $16,904.44 and zero (0) additional days to the contract of Amason & Associates, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property Management. Approval Status & Date: APPROVED, November 20, 2014 Change Order Summary: Change Order #4 is necessary: to furnish & install additional data & communication conduits for 32 floor boxes, add a circuit & receptacle for heat trace tapes at the exposed sprinkler lines at the cooling tower, relocate existing conduits that conflict with duct work being installed, add lockable drawer units at 4 clerk desks, add a brick paver accent band at the front entry walk curb, and replace a janitor’s sink. Total Project Change Orders and Amount: Four (4) change orders for a total amount of $55,436.61. Project Initiation Date: June 20, 2013 Design Professional: Burris/Wagnon Architects, P.A. General Contractor: Amason & Associates, Inc. Project Budget: $5,400,000.00 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 7 of 18 MISSISSIPPI VALLEY STATE UNIVERSITY 10. MVSU – GS 106-253 – Renovation of College Hall I Approval Request #1: Schematic Design Documents Board staff approved the Schematic Design Documents as submitted by Pryor & Morrow Architects & Engineers, P.A. Approval Status & Date: APPROVED, December 16, 2014 Project Initiation Date: May 15, 2014 Design Professional: Pryor & Morrow Architects & Engineers, P.A. General Contractor: TBD Project Budget: $4,750,000.00 UNIVERSITY OF MISSISSIPPI 11. UM – GS 107-308 – Union Addition & Renovation Approval Request #1: Contract Documents Board staff approved Contract Documents as submitted by Eley Guild Hardy Architects, design professional. Approval Status & Date: APPROVED, December 16, 2014 Approval Request #2: Advertise & Receive Bids Board staff approved request to advertise and receive bids. Approval Status & Date: APPROVED, December 16, 2014 Project Initiation Date: August 18, 2011 Design Professional: Eley Guild Hardy Architects General Contractor: TBD Project Budget: $50,000,000.00 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 8 of 18 12. UM – GS 107-311 - Music Hall West Wing Renovation Approval Request #1: Change Order #2 Board staff approved Change Order #2 in the amount of $6,574.00 and eight (8) additional days to the contract of D. Carroll Construction, LLC. Approval is requested from the Bureau of Building, Grounds, and Real Property Management. Approval Status & Date: APPROVED, November 20, 2014 Change Order Summary: Change Order #2 is necessary: to add additional rough outs in a second location in 5 rooms, add carpet to one classroom in lieu of VCT, add stairs to the mechanical room leading into the mechanical room at Nutt Auditorium, replace the water fountain with a bottle filling station, and add additional days for work as indicated herein. Total Project Change Orders and Amount: Two (2) change orders for a total credit amount of $30,706.00. Project Initiation Date: November 15, 2012 Design Professional: Shafer & Associates, PLLC General Contractor: D. Carroll Construction, LLC Project Budget: $3,400,000.00 13. UM – IHL 207-357 - Natural Products 1 – Interior Heating Modification Approval Request #1: Change Order #2 Board staff approved Change Order #2 in the amount of $0 and seventy-seven (77) additional days to the contract of South Central Heating & Plumbing Co., Inc. Change Order Summary: Change Order #2 is necessary: to add days for adjustments to the steam boiler design. Approval Status & Date: APPROVED, November 20, 2014 Approval Request #2: Change Order #3 Board staff approved Change Order #3 in the credit amount of $9,740.00 and zero (0) additional days to the contract of South Central Heating & Plumbing Company, Inc. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 9 of 18 Approval Status & Date: APPROVED, November 20, 2014 Change Order Summary: Change Order #3 is necessary: to deduct for liquidated damages due to contract completion past thirty (30) days and repairs made on the School of Pharmacy’s Reverse Osmosis System damaged by the contractor. Total Project Change Orders and Amount: Three (3 change orders for a total amount of $109,845.63. Project Initiation Date: March 15, 2012 Design Professional: Cooke Douglass Farr Lemons Architects & Engineers, P.A. General Contractor: South Central Heating & Plumbing Company, Inc. Project Budget: $2,500,000.00 14. UM – IHL 207-375 – Student Housing Phase II Approval Request #1: Award of Construction Contract Board staff approved the Award of Contract in the amount of $34,916,000.00 to the apparent low bidder, B.L. Harbert International, LLC. Approval Status & Date: APPROVED, December 11, 2014 Project Initiation Date: November 21, 2013 Design Professional: The McCarty Company – Design Group, P.A. General Contractor: B.L. Harbert International, LLC Project Budget: $40,000,000.00 15. UM – IHL 207-378 – New Student Housing at Northgate Approval Request #1: Change Order #3 Board staff approved Change Order #3 in the amount of $17,047.00 and zero (0) additional days to the contract of Roy Anderson Corporation. Approval is requested from the Bureau of Building, Grounds, and Real Property Management. Approval Status & Date: APPROVED, December 10, 2014 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 10 of 18 Change Order Summary: Change Order #3 is necessary: for additional stud work at the CMU stair walls, additional corner bead at the bathrooms, additional studs at the fan coil units, additional control joints in the brick veneer, to relocate the code blue location, to delete the clean-outs, added furring required at the main vertical rise to avoid fire rating issue and to add a building gas meter. Total Project Change Orders and Amount: Three (3) change orders for a total credit amount of $52,237.00. Project Initiation Date: February 20, 2014 Design Professional: Cooke Douglass Farr Lemons – Eley Guild Hardy – A Joint Venture General Contractor: Roy Anderson Corporation Project Budget: $19,767,036.14 16. UM – IHL 207-380 – Jeanette Phillips Drive Parking Lot Approval Request #1: Change Order #2 Board staff approved Change Order #2 in the amount of $20,066.00 and forty-two (42) additional days to the contract of Endevco, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property Management. Approval Status & Date: APPROVED, January 12, 2015 Change Order Summary: Change Order #2 is necessary: to deduct for the existing site conditions reducing the required concrete curb & gutter, concrete header curb, previous concrete & solid sod quantity, to add for the existing site conditions increased the required hot mix asphalt surface mix, hot mix asphalt binder mix & concrete sidewalk quantity, to add for changes to the handrail & additional fence, and additional days for work as indicated herein. Total Project Change Orders and Amount: Two (2) change orders for a total amount of $38,143.15. Project Initiation Date: February 11, 2014 Design Professional: Precision Engineering Corporation General Contractor: Endevco, Inc. Project Budget: $1,450,000.00 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 11 of 18 17. UM – IHL 207-382 – South Campus New Storm Water Drainage Phase I Approval Request #1: Schematic Design Documents Board staff approved the Schematic Design Documents as submitted by Engineering Solutions, Inc. Approval Status & Date: APPROVED, December 1, 2014 Approval Request #2: Waiver of Design Development Documents Board staff approved the Waiver of Design Development Documents as submitted by Engineering Solutions, Inc. Approval Status & Date: APPROVED, December 1, 2014 Project Initiation Date: August 21, 2014 Design Professional: Engineering Solutions, Inc. General Contractor: TBD Project Budget: $1,800,000.00 18. UM – IHL 207-385 -- Manning Center – Football Practice Fields Enlargement Approval Request #1: Contract Documents Board staff approved Contract Documents as submitted by Holcombe Norton Partners, Inc., design professional. Approval Status & Date: APPROVED, January 6, 2015 Approval Request #2: Advertise & Receive Bids Board staff approved request to advertise and receive bids. Approval Status & Date: APPROVED, January 6, 2015 Project Initiation Date: June 19, 2014 Design Professional: Holcombe Norton Partners, Inc. General Contractor: TBD Project Budget: $2,400,000.00 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 12 of 18 19. UM – IHL 207-390R -- Vaught-Hemingway Stadium South End Zone - REBID Approval Request #1: Contract Documents Board staff approved Contract Documents as submitted by AECOM Approval Status & Date: APPROVED, January 14, 2015 Approval Request #2: Advertise & Receive Bids Board staff approved request to advertise and receive bids. Approval Status & Date: APPROVED, January 14, 2015 Project Initiation Date: August 21, 2014 Design Professional: AECOM General Contractor: TBD Project Budget: $14,922,273.00 20. UM – IHL 207-394 – NCPA Primary Building New Roof Approval Request #1: Schematic Design Documents Board staff approved the Schematic Design Documents as submitted by Shafer & Associates, PLLC. Approval Status & Date: APPROVED, December 5, 2014 Approval Request #2: Waiver of Design Development Documents Board staff approved the Waiver of Design Development Documents as submitted by Shafer & Associates, PLLC. Approval Status & Date: APPROVED, December 5, 2014 Approval Request #3: Contract Documents Board staff approved Contract Documents as submitted by Shafer & Associates, PLLC Approval Status & Date: APPROVED, December 16, 2014 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 13 of 18 Approval Request #4: Advertise & Receive Bids Board staff approved request to advertise and receive bids. Approval Status & Date: APPROVED, December 16, 2014 Project Initiation Date: October 16, 2014 Design Professional: Shafer & Associates, PLLC General Contractor: TBD Project Budget: $1,150,000.00 21. UM – IHL 207-395 – Turner Center New Roof Approval Request #1: Schematic Design Documents Board staff approved the Schematic Design Documents as submitted by Shafer & Associates. Approval Status & Date: APPROVED, December 11, 2014 Approval Request #2: Waiver of Design Development Documents Board staff approved the Waiver of Design Development Documents as submitted by Shafer & Associates. Approval Status & Date: APPROVED, December 11, 2014 Approval Request #3: Contract Documents Board staff approved Contract Documents as submitted by Shafer & Associates Approval Status & Date: APPROVED, January 6, 2015 Approval Request #4: Advertise & Receive Bids Board staff approved request to advertise and receive bids. Approval Status & Date: APPROVED, January 6, 2015 Project Initiation Date: October 16, 2014 Design Professional: Shafer & Associates BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 14 of 18 General Contractor: TBD Project Budget: $1,100,000.00 UNIVERSITY OF MISSISSIPPI MEDICAL CENTER 22. UMMC – GS 109-195 - Adult Emergency Department Renovations (AED) Approval Request #1 (INTERIM): Budget Increase In accordance with Board Policy §904 (B) Board Approval, Interim Chair Approval was granted by Mr. C. D. Smith, Chair of the Real Estate and Facilities Committee on December 29, 2014 to approve the budget increase from $11,755,000.00 to $12,075,143.00, an increase of $320,143.00. Interim Approval Status & Date: APPROVED, December 29, 2014 Approval Request #2: Change Order #12 Board staff approved Change Order #12 in the amount of $31,785.67 and fourteen (14) additional days to the contract of Flagstar Construction Company, Inc. Approval is requested from the Bureau of Building, Grounds, and Real Property Management. Approval Status & Date: APPROVED, December 18, 2014 Change Order Summary: Change Order #12 is necessary: to reroute duct, for color changes to more closely match new UMMC campus standards, add a monitor for the eledctrical isolation panels in each trauma room, omit stainless steel sink cabinets in some trauma rooms & provide rough-in for stainless steel scrub sinks supplied & installed, to install a new below grade electrical junction box & re-feed existing site light pole wiring to replace the existing water-damaged circuits & junction box, to replace existing heating water valves with new butterfly valves, to install 4 trauma room ceiling access panels for above ceiling utility connections to the trauma booms, and additional days for work as indicated herein. Total Project Change Orders and Amount: Twelve (12) change orders for a total amount of $1,237,739.65. Project Initiation Date: November 14, 2007 Design Professional: Dale/Morris Architects, PLLC General Contractor: Flagstar Construction Company, Inc. BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 15 of 18 Project Budget: $12,075,143.00 23. UMMC – IHL 109-210 - School of Medicine Approval Request #1: Award of Construction Contract Board staff approved the Award of Contract in the amount of $49,597,000.00 to the apparent low bidder, Roy Anderson Corporation. Approval Status & Date: APPROVED, December 16, 2014 Project Initiation Date: June 16, 2011 Design Professional: Cooke Douglass Farr Lemons + Eley Guild Hardy – A Joint Venture General Contractor: Roy Anderson Corporation Project Budget: $66,000,000.00 24. UMMC – IHL 209-549 – Hospital Main Lab Serology & Virology Renovations 2013 Approval Request #1: Design Development Documents Board staff approved the Design Development Documents as submitted by Foil Wyatt Architects & Planners, PLLC. Approval Status & Date: APPROVED, December 10, 2014 Project Initiation Date: January 16, 2014 Design Professional: Foil Wyatt Architects & Planners, PLLC General Contractor: TBD Project Budget: $1,720,000.00 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 16 of 18 25. UMMC – IHL 209-550 - Wiser Women’s Urgent Care Renovations Approval Request #1: Award of Construction Contract Board staff approved the Award of Contract in the amount of $832,000.00 to the apparent low bidder, Conerly Construction, Inc.. Approval Status & Date: APPROVED, December 18, 2014 Project Initiation Date: January 16, 2014 Design Professional: The McCarty Company – Design Group, P.A. General Contractor: Conerly Construction, Inc. Project Budget: $1,682,000.00 UNIVERSITY OF SOUTHERN MISSISSIPPI 26. USM – GS 108-267 - College of Business Building Approval Request #1: Change Order #18 Board staff approved Change Order #18 in the amount of $38,769.39 and zero (0) additional days to the contract of Hanco Corporation. Approval Status & Date: APPROVED, December 17, 2014 Change Order Summary: Change Order #18 is necessary: for electrical requirements to serve elevator equipment room, adding return grille dampers in the first floor communication rooms, add a chiller valve actuator, to provide & install a granite sculpture pedestal in a food service room, and changes made to the furr-down height in the auditorium. Total Project Change Orders and Amount: Eighteen (18) change orders for a total amount of $1,333,368.95. Project Initiation Date: March 2, 2005 Design Professional: Eley Guild Hardy Architects, P.A./Studio South Architects, PLLC – A Joint Venture General Contractor: Hanco Corporation Project Budget: $34,000,000.00 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 17 of 18 27. USM – GS 108-279 - Lucas Administration Envelope Repairs Approval Request #1: Contract Documents Board staff approved Contract Documents as submitted by Albert & Associates Architects Approval Status & Date: APPROVED, December 16, 2014 Approval Request #4: Advertise & Receive Bids Board staff approved request to advertise and receive bids. Approval Status & Date: APPROVED, December 16, 2014 Project Initiation Date: March 21, 2013 Design Professional: Albert & Associates Architects General Contractor: TBD Project Budget: $2,415,215.00 28. USM – IHL 208-328 - Walker Science Building Mechanical Repairs Approval Request #1: Schematic Design Documents Board staff approved the Schematic Design Documents as submitted by Corbett Legge & Associates. Approval Status & Date: APPROVED, December 11, 2014 Project Initiation Date: October 22, 2014 Design Professional: Corbett Legge and Associates General Contractor: TBD Project Budget: $1,191,365.00 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA REAL ESTATE February 18, 2015 Page 18 of 18 29. ERC– GS 111-052 – Structural & Subsurface Repair Approval Request #1: Schematic Design Documents Board staff approved the Schematic Design Documents as submitted by JBHM Approval Status & Date: APPROVED, December 1, 2014 Project Initiation Date: November 21, 2013 Design Professional: JBHM General Contractor: TBD Project Budget: $3,463,570.87 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA LEGAL FEBRUARY 18, 2015 PAGE 1 OF 2 SYSTEM - REPORT OF PAYMENTS TO OUTSIDE COUNSEL Legal fees approved for payment to outside counsel in relation to litigation and other matters: Payment of legal fees for professional services rendered by Baker Donelson (statements dated 9/5/14 and 10/10/14) from the funds of the University of Mississippi Medical Center. (These statements, in the amounts of $24,131.82 and $1,953.28, respectively, represent services and expenses in connection with litigation matters.) TOTAL DUE……………………………….…….………………$ 26,085.10 Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statement dated 11/14/14) from the funds of the University of Mississippi Medical Center. (This statement, in the amount of $888.00, represents services and expenses in connection with litigation matters.) TOTAL DUE……………………………….…….………………$ 888.00 Payment of legal fees for professional services rendered by Bryan/Nelson (statements dated 10/22/14 and 1/8/15) from the funds of the University of Southern Mississippi. (These statements, in the amounts of $3,885.50 and $8,918.90, respectively, represent services and expenses in connection with legal advice.) TOTAL DUE……………………………….…….………………$ 12,804.40 Payment of legal fees for professional services rendered by Lightfoot, Franklin & White (statements dated 12/1/14 and 12/9/14) from the funds of the University of Southern Mississippi. (These statements, in the amounts of $17,422.55 and $30,329.15, respectively, represent services and expenses in connection with legal advice and litigation matters.) TOTAL DUE……………………………….…….………………$ 47,751.70 Payment of legal fees for professional services rendered by Mayo Mallette (statement dated 1/7/15) from the funds of the University of Southern Mississippi. (This statement, in the amount of $346.50, represents services and expenses in connection with legal advice.) TOTAL DUE……………………………….…….………………$ 346.50 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA LEGAL FEBRUARY 18, 2015 PAGE 2 OF 2 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 8/29/14 and 12/12/14) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Srinivasan- Elusieve Processing CIP Application” - $168.00 and “Methods for Maize Transformation Coupled with Adventitious Regeneration Utilizing Nodal Section Explants and Mature Zygotic Embryos” - $7,400.00, respectively.) TOTAL DUE……………………………….…….………………$ 7,568.00 Payment of legal fees for professional services rendered by Stites & Harbison (statements dated 12/22/14) from the funds of Mississippi State University. (These statements represent services and expenses in connection with the following patents: “Noval Catalysts and Process for Liquid Hydrocarbon Fuel Production” - $170.00 and “Noval Catalysts and Process for Liquid Hydrocarbon Fuel Production” - $229.50.) TOTAL DUE……………………………….…….………………$ 399.50 Payment of legal fees for professional services rendered by Stites & Harbison (statements dated 11/14/14, 11/14/14, 11/14/14, 11/14/14, 11/14/14, 12/18/14, 12/18/14 and 12/18/14) from the funds of the University of Mississippi Medical Center. (These statements, in the amounts of $832.00, $135.00, $1,168.00, $659.06, $614.00, $38.00, $180.00 and $571.50, respectively, represent services and expenses in connection with intellectual property/patents.) TOTAL DUE……………………………….…….………………$ 4,197.56 Payment of legal fees for professional services rendered by Butler, Snow, O’Mara, Stevens & Cannada (statement dated 12/15/14) from the funds of the University of Southern Mississippi. (This statement represents services and expenses in connection with the following patent: “Trademark Application for the Centennial Anniversary” - $1,920.00.) TOTAL DUE……………………………….…….………………$ 1,920.00 BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA ADMINISTRATION/POLICY February 18, 2015 Page 1 of 2 1. SYSTEM – COMMISSIONER’S NOTIFICATION OF APPROVAL The following items have been approved by the Commissioner on behalf of the Board and are available for inspection in the Board Office. a. UM - In accordance with Board Policy 301.0702 Duties of the Commissioner “The Commissioner is authorized to conduct the day to day administrative affairs of the Board. . .” On January 23, 2015, the Commissioner approved the request to enter into a long term lease agreement between The Board of Trustees of State Institutions of Higher Learning (Board) and the Alpha Psi House Corporation of Delta Gamma (Lessee) for the lease of 0.509 acres of land where the Delta Gamma Sorority house is located on the UM campus in Oxford, MS. The lease term will run for a thirty (30) year period, from on or about January 1, 2015 through December 31, 2044. Lessee will pay a nominal fee of $50 yearly for the lease of the property. In addition, Lessee is subject to certain construction requirements and, payment of utility, landscape, fire safety and maintenance services. This agreement may be terminated upon mutual agreement of the parties. The Executive Office legal staff have reviewed and approved the contract documents. b. MVSU – In accordance with Board Policy 701.06 Budget Escalations and Revisions, all revisions to annual budgets which do not increase the total amount of the budgets must be approved by the Commissioner prior to implementation and subsequently reported to the Board. On February 1, 2015, the Commissioner approved the request by Mississippi Valley State University for a revision to its Auxiliary Enterprises Budget for Fiscal Year 2015. The revision is related to the purchase of modular dormitory units approved by the Board in August 2014. When MVSU’s budget for FY 2015 was approved, it did not include the full cost for the purchase and the installation of the units. The financial staff requested that MVSU update the cost as estimated in August 2014 to information available after installation. The actual net loss on the project, including additional revenue sources, was approximately $1,149,000 compared to the estimated $187,000 loss. The additional $962,000 loss is due primarily to less revenue than projected and higher connection cost than projected. The projected connection cost was $200,000; however, the lowest bidder was $536,000. In addition to the contractor for the connection costs, there was approximately $58,000 incurred for fire service line and professional fee site design not included in the original projection. As for the revenue estimates, MVSU overestimated by 50 students. The financial staff has prepared a comparison of actual versus projected budget for the purchase and installation of the modular dormitory units along with related hotel housing costs for your review. The Executive Office BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING INFORMATION AGENDA ADMINISTRATION/POLICY February 18, 2015 Page 2 of 2 financial staff have reviewed and approved these revisions. These budget revisions contain no increases in total budget but rather reallocations among individual expense categories. A copy of the documents will be maintained in the IHL Office of Finance and Administration. c. System – On February 4, 2015, the Commissioner reviewed and approved the Quarterly Employment Reports which lists all hires and all separations for the period beginning October 1, 2014 and ending December 31, 2014. These reports are required by Board Policies 401.0102 Delegation of Authority and 801.09 Resignations. The Executive Office financial staff has reviewed and approved the institutions’ submissions. A copy of these reports will be maintained in the IHL Department of Finance and Administration.