July 16, 2014

MINUTES OF THE EXECUTIVE COMMITTEE

OF THE BOARD OF GOVERNORS

MISSOURI STATE UNIVERSITY

July 16, 2014

1. Roll Call:

Present - Dr. Peter Hofherr, Governor (by conference call)

Mr. Steve Hoven, Vice Chair of the Board (by conference call)

Ms. Beverly Miller, Chair of the Board (by conference call)

Absent - Ms. Carrie Tergin, Governor

Also

Present - Mr. Kendall Seal, Governor (by conference call)

Mr. Caleb Doyle, Student Governor

Mr. Ken McClure, Vice President for Administrative and Information Services

Ms. Rachael Dockery, General Counsel

Mr. Steve Foucart, Chief Financial Officer

Mr. Kent Thomas, Assistant Vice President for International Programs

Mr. Steve Robinette, Associate Vice President for International Programs

Ms. Donna Christian, Director of Internal Audit & Compliance

Mr. Ryan DeBoef, Chief of Staff

Mr. Matt Morris, Associate Vice President for Administrative and Information Services

Mr. Doug Sampson, University Architect and Director of Planning, Design and Construction (by conference call)

Mr. Brad Kielhofner, Associate Director of Planning, Design and Construction

Ms. Tina McManus, Controller

Mr. John McAlear, Secretary of the Board

2. Presiding – Ms. Beverly Miller, Chair of the Board of Governors, called the Executive Committee conference-call meeting to order at 4:00 p.m. in Room 203 of Carrington Hall on the campus of Missouri State University in Springfield, Missouri.

3. Approval of Minutes – Ms. Miller mentioned that the first item of business was the approval of the minutes for the open meeting of June 18, 2014. Dr. Hofherr so moved, receiving the second of Mr. Hoven.

Motion passed 3-0.

4. President --- Ms. Rachael Dockery, General Counsel, presented the following resolution for the Committee’s consideration:

Approval of a new policy: G1.31 Title IX Policy on Sexual Assault, Stalking and Other Forms of Sexual Misconduct. The establishment of this new policy is to bring the University in compliance with Section 304 of the Violence Against Women Reauthorization Act of 2013 (VAWA) and new Office of Civil Rights Guidelines regarding Title IX of the Education Amendments of 1972 (Board Policies No. 90-14).

Mr. Hoven so moved, receiving the second of Dr. Hofherr.

Motion passed 3-0.

Ms. Dockery then presented the following resolution:

Approval of revisions to G1.05 Non-Discrimination Policy Statement and G7.02-2 University Policies to bring these policies up to date in accordance with mandate by Federal law (Board Policies No. 91-14).

She explained that changes have taken place in the Federal law that required some minor wording changes to these two policies. Dr. Hofherr moved to approve the resolution, receiving a second from Mr. Hoven. Mr. Seal commented that the Non-Discrimination Policy Statement does not include gender identity and gender expression in the listing of bases in which the University does not discriminate and questioned whether we should consider adding these items. Ms. Dockery responded that, to insure compliance from this date forward, we should proceed with today’s revisions as presented. Discussion on more substantive changes, such as including more bases in which the University does not discriminate, would be more appropriate at the Board retreat. Ms. Miller asked for a vote on the motion on the floor.

Motion passed 3-0.

Ms. Dockery next presented the following resolution:

Ratification of change in name and approval of all associated Governing Policies for the following: Conference Services to Event and Meeting Services; Internal Audit to Internal Audit and Compliance; University Relations to Marketing and Communications; and Educational Technology Center to Classroom Instructional Technologies (Administration No. 36-14).

Moved and seconded, respectively, by Mr. Hoven and Dr. Hofherr.

Motion passed 3-0.

5. Procurement and Financial – Mr. Steve Foucart, Chief Financial Officer, presented a resolution summarizing Procurement Services’ Office activities from June 13, 2014, through July 10, 2014 (Purchasing Activity Report No. 407-14). The five items needing approval are:

Amending the Kaplan Test Preparation contract to add the West Plains campus onto the Springfield campus contract for providing an integrated test preparation package to prepare nursing students to successfully pass the National Council Licensure Exam. This amendment will add approximately $52,000 to the estimated value of the contract over a two-year period (June 1, 2014, to May 31, 2016).

Continuing the National Science Foundation research grant with the University of Massachusetts for a third year at a cost of $68,447.

Renewing the Planned Services Agreement with Johnson Controls, Incorporated, for the period July 1, 2014, through June 30, 2015, at a cost of $232,540.

Funding year 12 of a 15-year contract with Mediacom to continue providing television cable service to residence hall rooms/units at an estimated cost of $437,152. The contract’s annual cost has been built into the approved room rates.

Executing a proposal from Edward Jones for Investment Banking Services/Bond Underwriter under the term of an RFP issued in June of 2014, as the University is seeking to issue tax-exempt, or taxable auxiliary system revenue bonds and/or educational facilities revenue bonds issued by the Missouri Health and Educational Facilities Authority (MOHEFA) to finance construction and improvements on its campuses in Missouri. Three firms submitted bids, and while Edward Jones has the highest underwriter fee, their bond pricing/average bond coupon rate is the lowest, and the overall true interest cost, which measures the time value of payments and underwriter cost, is the lowest. The RFP provides for a one-year contract with four one-year renewals.

Dr. Hofherr so moved, receiving a second from Mr. Hoven.

Motion passed 3-0.

6. Facilities and Equipment --- Mr. Ken McClure, Vice President for Administrative and Information Services, presented the following resolutions for the Committee’s consideration:

Granting a license agreement with the Greenwood Athletic and Debate Booster Club in Springfield to allow the refinishing of the gym floor in Greenwood Laboratory School (Agreement No. 346-14).

The acceleration lane at William H. Darr Agricultural Center (Bids & Quotations No. 1469-14); Hunter Chase and Associates, Inc., low bid of $115,766; total project budget established at $268,000.

Increase the project budget for the improvements to the athletic and recreation fields on the Springfield campus (Bids & Quotations No. 1470-14). The four added scope items to the original project include: a) $97,000 for preparing the north end of Robert W. Plaster Stadium for moving BearFest Village to this area (funded by the President’s Program Enhancement Fund); b) $15,000 for the installation of a new walk-in cooler in the new east stadium at the Robert W. Plaster Stadium (funded by Coca-Cola as this is part of their new contract with the University); c) $31,000 for a new gateway to be constructed along the north berm at Robert W. Plaster Stadium in honor of former coach Bill O’Neill (funded by the Bill O’Neill Meeting Room Foundation budget); and d) $86,000 for the addition of audio and video infrastructure for the game-day locker room in the new east stadium and overall improvements to the sound quality at the stadium (funded by the President’s Program Enhancement Fund). This $229,000 increase brings the project budget to a new total of $27,301,076.

Approval of a lease agreement for general classroom and support space with the Illinois Place, LLC, Joplin, Missouri (Agreement No. 347-14). This lease provides educational space for the University’s Missouri State Outreach program in the Joplin, Missouri, area, and this property has been leased since August 1, 2010. Due to plans to change the location in Joplin, this is only a six-month lease terminating January 31, 2015.

Motion to approve offered by Dr. Hofherr. Seconded by Mr. Hoven.

Motion passed 3-0.

Mr. McClure then presented a resolution (Finance No. 1036-14) for the approval of the FY2016 Capital Appropriations Request to be submitted to the Coordinating Board for Higher Education, the Office of Administration’s Division of Budget & Planning, and the Office of Administration’s Division of Facilities Management, Design, & Construction. The Facilities Reutilization Plan (FREUP) for Ellis Hall, Hill Hall, and Missouri Hall on the West Plains campus is listed as the University’s top priority. Mr. Hoven so moved, receiving a second from Dr. Hofherr.

Motion passed 3-0.

Mr. McClure next presented a resolution (Bids & Quotations No. 1471-14) - the renovation of the fifth floor of the Jim D. Morris Center; Mechanical Services, Inc., low bid of $819,000; total project budget set at $1,195,000. This renovation is necessary to accommodate growth in both the English Language Institute and the Foreign Language Institute. This project will be funded by the Educational Facilities Bond Issue anticipated to close in September 2014. Moved and seconded, respectively, by Dr. Hofherr and Mr. Hoven.

Motion passed 3-0.

Mr. McClure then presented a resolution (Bids & Quotations No. 1472-14) - construction of the Occupational Therapy Building; DeWitt & Associates, Inc., low bid of $14,076,200 for the base bid plus alternates 2, 3, 5, and 6; total project budget set at $19,500,000. This project will be funded by the Educational Facilities Bond Issue anticipated to close in September, 2014, and a private donation. Moved and seconded, respectively, by Mr. Hoven and Dr. Hofherr.

Motion passed 3-0.

Mr. Foucart then presented a resolution (Finance No. 1037-14) amending the prior declaration of official intent toward the issuance of revenue bonds, and reimbursement of expenditures for auxiliary enterprise facilities and educational facilities from proceeds of bonds. In order to reimburse for construction incurred prior to the actual issuance of tax-exempt bonds, the Board must declare its intent. The Board approved such a resolution during the October 2013, Board meeting. As previously discussed, we are preparing for an education facilities bond issue for the Occupational Therapy Building, the Welcome Center, renovations to the Jim D. Morris Center, and the purchase of Brick City Building No. 4. We need to amend the original intent resolution since, in October, we referred to the Occupational Therapy building as the addition to the McQueary Family Health Sciences Hall; to reflect the Welcome Center as the Student Admissions and Success Center (Welcome Center); and to add the renovation to the Jim D. Morris Building. The amendment will avoid any potential documentation issues with the IRS for the reimbursement of construction costs. Our bond counsel, Mr. Rick Wright of Gilmore & Bell, is preparing the actual resolution authorizing the education bond issue for the July 31, 2014, ` Board meeting. Moved by Mr. Hoven and seconded by Dr. Hofherr.

Motion passed 3-0.

7. Research & Economic Development and International Programs --- Mr. Kent Thomas, Assistant Vice President for International Programs, presented a resolution (Agreement No. 348-14) for the approval of Agreement for International Educational Consulting Services between Mr. Prateek Gujral and Missouri State University. Mr. Thomas explained that we are having success recruiting graduate students from India but we need an agent, located in India, to assist in the recruiting of undergraduate Indian students. Moved by Dr. Hofherr and seconded by Mr. Hoven

Motion passed 3-0.

8. Adjournment — Ms. Miller adjourned the conference-call meeting at 5:00 p.m., on the motion of Mr. Hoven, the second of Dr. Hofherr, and the unanimous vote of the committee.

John W. McAlear
Secretary of the Board