January 25, 2008

1. Roll Call
Present — Mr. Michael Duggan, Vice-Chair of the Board (by conference call)
Mr. Gordon Elliott, Governor (by conference call)
Ms. Mary Sheid, Chair of the Board (by conference call)
Ms. Phyllis Washington, Governor (by conference)
Also
Present — Michael Nietzel, President
Greg Burris, Vice President for Administrative and Information Services
Brent Dunn, Vice President for University Advancement
Paul Kincaid, Chief of Staff
Clif Smart, General Counsel
John McAlear, Secretary of the Board

2. Presiding — Ms. Mary Sheid, Chair of the Board of Governors, called the Executive Committee meeting to order at 1:30 p.m. in Room 203 of Carrington Hall on the campus of Missouri State University in Springfield, Missouri.

3. Facilities & Equipment — Dr. Michael Nietzel asked Mr. Randy Blackwood, Executive Director, Athletics and Entertainment Facilities, to present the resolution (Item II.A.) accepting the proposal submitted by Ovations Food Services for catering and concessions operations for JQH Arena and the concession operation services for the remainder of the University. Mr. Blackwood explained that a committee had been formed to review the proposals submitted. He summarized the “Request for Proposal” (RFP) process which provided potential offerors with four options to consider. All four options required a minimum annual guaranteed commission to the University of $225,000. Options 1 & 2 required the offeror to utilize the Missouri State University food-service equipment list with option 1 requiring full financing of the equipment listing and option 2 allowing partial financing of the listing. Options 3 & 4 allowed the offeror to utilize its own food-service equipment list with option 3 requiring full financing of the equipment listing and option 4 allowing partial financing of the listing.

Mr. Blackwood explained that there were four contractors who submitted RFPs, but that Ovations Food Service was the only contractor to respond to options 1 or 3, in which the contractor fully financed either equipment listing. Ovations also guaranteed a minimum commission of $275,000 for these two options. Of the two options (1 or 3), it was determined that option 3 was more advantageous as it would allow the contractor to use preferred brand names and to capitalize on established relationships. It is the committee’s recommendation to accept the proposal submitted by Ovations Food Service under option number three (3) for an original contract period of June 1, 2008 through May 31, 2018, with three one-year renewal option periods.

Approval of the above resolution was moved by Ms. Washington and seconded by Mr. Elliott; a roll call vote was taken, those in favor - Governors Duggan, Elliott and Washington; those opposed - none.

Motion passed 3-0.

4. President’s Report --- Dr. Michael Nietzel presented a resolution (Item III.A.) approving the employment contracts of Head Football Coach Terry Allen and the Assistant Football Coaches, effective February 1, 2008. He explained that this addendum keeps Coach Allen’s contract at five years, provides for a 4% salary increase, increases the payment for a win over a Division 1A opponent from $5,000 to $10,000 and provides an incentive payment of $125,000 if he remains head football coach through January 31, 2012. He further explained that one additional change since the committee had received the contract proposal is that if Coach Allen is terminated without cause, he will be entitled to a prorated portion of the $125,000 payment. He also indicated that only six assistants are listed in the resolution since there are presently two vacancies. The contract periods for the assistant coaches have been increased from twelve-month contracts to thirteen-month contracts.

Approval of Item III.A. was moved by Mr. Duggan and seconded by Ms. Washington. A roll call vote was taken – Governors Duggan, Elliott, and Washington voted for the motion; no one voted against the motion.

Motion passed 3-0.

5. Resolution Authorizing Closed Meeting --- Thereupon the following resolution was presented for consideration: Be it resolved by the Executive Committee of the Board of Governors of Missouri State University that a closed meeting, with closed record and closed vote, be held to consider items of business pursuant to Section 610.021 (1), (3), and (13), of the Revised Statutes of the State of Missouri. Mr. Duggan moved the approval of the resolution and Ms. Washington seconded the motion. Roll call vote was taken – Governors Duggan, Elliott, and Washington voted for the motion; none opposed.

Motion passed 3-0.

6. Adjournment — Ms. Sheid adjourned the conference call meeting at approximately 2:00 p.m. on the motion of Mr. Duggan, the second of Ms. Washington, and the unanimous vote of the committee.

John W. McAlear
Secretary of the Board