Missouri State University

April 17, 2013

MINUTES OF THE EXECUTIVE COMMITTEE

OF THE BOARD OF GOVERNORS

MISSOURI STATE UNIVERSITY

April 17, 2013

1. Roll Call:

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

Mr. Steve Hoven, Governor (by conference call)

Mr. Orvin Kimbrough, Chair of the Board (by conference call)

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

Also

Present - Ken McClure, Vice President for Administrative & Information Services

Carrie Carroll, Governor

Paige Jenkins, Student Governor

Steve Foucart, Chief Financial Officer

Frank Einhellig, Provost

Ken Coopwood, Vice President for Diversity and Inclusion

Jim Baker, Vice President for Research and Economic Development and International Programs (arriving at 4:15 p.m.)

Tina McManus, Director of Accounting and Budgeting

Penni Groves, General Counsel (by conference call)

Paul Kincaid, Chief of Staff (by conference call)

Robert Eckels, Director of Facilities Management

Randy Blackwood, Executive Director, Athletics & Entertainment Facilities

Don Hendricks, Director of University Communications

Doug Sampson, University Architect and Director of Campus Planning

Matt Morris, Associate Vice President for Administrative & Information Services

John McAlear, Secretary of the Board

2. Presiding – Mr. Orvin Kimbrough, 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 – Mr. Kimbrough mentioned that the first item of business was the approval of the minutes for the open meetings of February 20, 2013, and March 20, 2013. Ms. Miller so moved, receiving the second of Mr. Hoven.

Motion passed 3-0.

4. West Plains Campus – In Chancellor Drew Bennett’s absence, Mr. Paul Kincaid, Chief of Staff, next introduced a resolution (Item III.A.) naming Edith M. Williams as the recipient of an Honorary Associate of Arts Degree from Missouri State University-West Plains. Motion to approve was made by Mr. Hofherr and seconded by Ms. Miller.

Motion passed 3-0.

5. Procurement and Financial – Mr. Steve Foucart, Chief Financial Officer, then presented a resolution summarizing Procurement Services Office activities from March 16, 2013, through April 12, 2013 (Item IV.A.). The items included in this report are:

1) With the addition of the Foster Recreation Center, approval is requested to increase the University’s window washing contract with Clearview Window Cleaning by $4,680, or 25% of the original contract. A 10% increase in contract price requires board approval.

2) Pursuant to RSMO 34.046, which allows the State of Missouri to participate in contract agreements established by other public entities, the University requests the purchase of 81 Dell computers for $128,767.06 for the West Plains campus, under a State of Missouri contract, which provided the best price.

3) Approval is requested to fund a diversity climate study for the campus and Springfield community in an amount up to $140,000 to Diversity Works, Incorporated, one of four respondents to a Request for Proposal initiated by the Office of Diversity and Inclusion. The project nature is split between the desires to obtain significant evidence of climate conditions, and information for use in improving overall management of the University’s policy development, administrative leadership, curricular and co-curricular transformation and constituent representation. It is further split by the desire to strengthen relationships and collaboration with the external community. President Smart is in agreement to fund the community study as the two studies are intertwined and represent a public service to the community.

4) Approval is requested to award a contract to Short’s Travel Management for air travel for two football trips and one volleyball trip for the 2013 season. While Short’s was not the lowest cost (an estimated $190,600), they were the only bid that met our requirements.

5) The last two items are renewals of maintenance contracts with Johnson Controls to provide on-site staff support, to ensure optimal energy efficiencies and to provide preventive maintenance for the equipment installed under contracts for Phase I and Phase III of our chilled water loop system. The Service Agreement renewals are $232,540 for Phase I and $134,570 for Phase III.

Moved by Mr. Hofherr. Seconded by Ms. Miller. Mr. Kimbrough asked if the Committee members had any questions over any of these items. Several questions were asked by the committee members regarding the diversity climate study. These included: 1) how are the survey results going to be used?; 2) could this survey be done internally by our own staff and students?; and 3) is this the best use of university resources? Dr. Ken Coopwood, Vice President for Diversity and Inclusion, responded that this survey should provide us with data to help us make more informed decisions. It will be a public document that will be shared broadly. He added that this survey by an outside organization will provide information that could not be provided by any other method and will be our benchmark data for the future. Dr. Coopwood further explained that these professional services will be received over an 18-month period and that the critical part of these services is the post-survey consultation. Mr. Foucart commented that the Higher Learning Commission expects to see this type of climate study. Dr. Frank Einhellig, Provost, agreed that this is a very important part of the accreditation process and that it was decided it would be better to have this survey performed off campus as opposed to on campus. Mr. Kimbrough then asked for a vote to approve Item IV.A.

Motion passed 3-0.

Mr. Foucart next presented a resolution (Item IV.B.) for authorizing the negotiation of lease purchase financing for refinancing of energy cost savings capital lease obligation and financing of certain additions, renovations and extensions to Juanita K. Hammons Hall for the Performing Arts, and prescribing other matters relating thereto. The University has received a proposal from Bank of America to refinance their current outstanding lease and including the board’s previously approved chilled water loop addition. The remaining eight annual lease payments under the existing lease total $8,414,950. The refinance lease payments over the same life are $8,606,411, an increase of $191,461. The refinanced lease includes the $675,000 cost for the chilled water loop expansion, for a savings of $483,539. Gilmore & Bell, our bond counsel, has reviewed the proposal and we request approval for the lease proposal. The actual lease will be presented to the Board at their May meeting. Moved by Mr. Hoven and seconded by Ms. Miller.

Motion passed 3-0.

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

Roof replacement at Juanita K. Hammons Hall for the Performing Arts (Item V.A.); Tremco Incorporated (WTI), amount of $257,989.24; total project budget established at $350,000.

Replacement of the pool HVAC system at Hammons Student Center (Item V.B.); Gold Mechanical, Inc., low bid of $418,970 for the base bid plus alternate 1; total project budget set at $475,000.

Renovation of Suites 302 and 303 in Carrington Hall (Item V.C.); Mechanical Services, Inc., low bid of $145,600; total project budget set at $180,000.

Professional services in conjunction with the development of the University Welcome Center (Item V.D.); Dake Wells Architecture, for a fixed fee of $378,000 plus reimbursable expenses. Additional service of up to $30,000 as described in this agreement may be authorized and approved as necessary.

Professional services in conjunction with the HVAC system replacement study for McDonald Arena (Item V.E.); Ross & Baruzzini, for a fixed fee of $67,500 plus reimbursable expenses. Additional services of up to $15,000 as described in this agreement may be authorized and approved as necessary.

Approval of a resolution granting a license agreement with the City of Springfield and the Watershed Committee of the Ozarks to allow improvements to be made to the detention areas at the southwest corner of National Avenue and Grand Street (Item V.F.).

Ratification of Lease Agreement at Robert W. Plaster Center for Free Enterprise and Business Development with CellARide, LLC (Item V.G.).

Moved by Mr. Hofherr and seconded by Mr. Hoven. It was asked how McDonald Arena was being used. Mr. McClure answered that McDonald Arena was an academic building as it is the home of the Department of Kinesiology with faculty offices and student classrooms.

Motion passed 3-0.

7. Research and Economic Development – Mr. McClure then introduced a resolution (Item VI.A.) for the approval of a Memorandum of Understanding between the Springfield Area Chamber of Commerce, the Springfield Business Development Center, and Missouri State University. The agreed-upon goal of this understanding is to use collective resources to support and assist the product-oriented research and development efforts of local businesses. Moved and seconded, respectively, by Mr. Hoven and Ms. Miller. Mr. Kimbrough commented that this resolution was not on his agenda while the other three committee members indicated that it did make their agenda. Mr. Kimbrough stated that he must have received an outdated version of the agenda. Since the other three committee members had received this item, the committee proceeded with a vote.

Motion passed 3-0.

8. Adjournment — Mr. Kimbrough adjourned the conference-call meeting at 4:40 p.m. upon the motion of Ms. Miller, the second of Mr. Hofherr, and the unanimous vote of the committee.

John W. McAlear

Secretary of the Board