Board Book - Mississippi.edu

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Board BookOctober 21, 2021MISSISSIPPI BOARD OF TRUSTEES OF STATEINSTITUTIONS OF HIGHER LEARNING 3825 Ridgewood Road, Jackson MS 39211 601 432 6198 Page 1 of 153

Board Meeting OutlineMISSISSIPPI BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNINGMEETINGSSCHEDULEHealth Affairs Committee October 20, 2021, 3:00p MUW CampusIHL Board Meeting October 21, 2021, 9:00a MUW CampusCALL TO ORDERINVOCATIONPRESENTATIONTrustee Walt StarrTrustee Alfred McNairPresident Nora MillerMINUTESSeptember 16, 2021 Regular Board Meeting Minutes. 7CONSENT AGENDAS Trustee Walt StarrACADEMIC AFFAIRS1. MVSU – Modification of Existing Academic Degree Programs .34Consolidating and Renaminga. Bachelor of Science in History, Bachelor of Arts in Government and Politics, and Bachelor ofArts in SociologyDeletingb. Bachelor of Arts in Government and Politicsc. Bachelor of Arts in Sociology2. SYSTEM – Modification of Existing Academic UnitsRenaminga. MSU – Global Center for Aquatic Food Security .35b. UM – Arch Dalrymple III Department of History .35c. UM – Magee Center for AOD Research.35d. UM – University Counseling Center .36Renaming (As a result of ten-year review of approved institutes and centers.)e. ASU – Small Farm Development Center.36f. DSU – Center for Interdisciplinary Geospatial Information Technologies .36g. DSU – Center for Teaching and Learning .36h. JSU – Center for Academic and Professional Studies .37i. JSU – Center for Excellence in Education .37j. JSU – CREST Interdisciplinary Center for Nanotoxicity .37k. JSU – Fannie Lou Hamer Institute on Citizenship and Democracy .37l. JSU – Veteran Services Center .37m. JSU – Center for Student Leadership and Involvement.37n. MSU – Carl Small Town Center .37o. MSU – Entrepreneurship Center .38p. MSU – Transportation Research Center .38iPage 2 of 153

q.r.s.t.u.v.w.x.y.z.aa.MSU – Water Resources Research Institute .38UM – Thomas Jefferson Center for the Study of American Ideals and Institutions.38UMMC – Children’s of Mississippi Center for the Advancement of Youth .38UMMC – Center for Telehealth .38UMMC – Neuroscience Institute .39USM – Center for Undergraduate Research .39USM – National Food Service Management Institute .39USM – Learning Enhancement Center .39USM – Center for the Study of War and Society .39USM – Community Counseling and Assessment .39USM – University Clinic for Family Therapy .39FINANCE1. ASU – Approval to Amend an Agreement with ENNCloud Technologies, LLC .412. MSU – Approval to Enter a Lease Agreement with the Mississippi State UniversityResearch and Technology Corporation .423. UM – Approval to Escalate the Budgets for the Following Entities:a. The Mississippi Mineral Resources Institute for FY 2022 .44b. The Small Business Development Center for FY 2022 .45c. The Small Business Development Center for FY 2021 .464. UM – Approval to Amend a Contractual Services Agreement with The Coca-Cola NorthAmerican and CCBCC Operations, LLC .465. UM – Approval to Enter a Lease Agreement with Nicholas Services, LLC d/b/a Nicholas Air .496. UM – Approval to Enter a Contractual Services Agreement with STM Charters, Inc.(Men’s Basketball) .507. UM – Approval to Enter a Contractual Services Agreement with STM Charters, Inc.(Women’s Basketball) .518. UM – Approval to Enter a Contractual Services Agreement with The CBORD Group, Inc. .529. UM – Approval to Enter a Contractual Services Agreement with World Fuel Services, Inc. .5510. UMMC – Approval to Enter a Purchase Agreement with Asuragen, Inc. .5611. UMMC – Approval to Enter a Purchase Agreement with Beckman Coulter, Inc. .5812. UMMC – Approval to Enter a Purchase Agreement with Boston Scientific Corporation .5913. UMMC – Approval to Amend a Services Agreement with Care Innovations, LLC .6114. UMMC – Approval to Enter a Purchase Agreement with DiaSorin, Inc. .6215. UMMC – Approval to Amend a License and Support Agreement with Epic SystemsCorporation .6416. UMMC – Approval to Enter an Agreement with Infoblox Inc. .6617. UMMC – Approval to Escalate the Budget for the School of Medicine for FY 2021 .6818. UMMC – Approval to Amend a Ground Lease Agreement with The Meridian atFondren, LLC .6819. UMMC – Approval of a Memorandum of Understanding with MoreDirect, Inc.d/b/a Connection .7020. UMMC – Approval to Enter a Pricing Agreement with NuVasive SpecializedOrthopedics, Inc. .7221. UMMC – Approval to Enter a Master Services Agreement with Pathstone Partners, LLC .7322. UMMC – Approval to Enter a Purchase Agreement with QIAGEN LLC .7623. UMMC – Approval to Enter a Product Schedule with Roche Diagnostics Corporation.7824. UMMC – Approval to Enter a Services Agreement with Siemens Medical SolutionsUSA, Inc. .80iiPage 3 of 153

25. UMMC – Approval to Enter a Rental Agreement with Stryker Sales LLC .8426. USM – Approval of the Following Budget Escalations:a. On Campus Budget for FY 2021 (Hattiesburg) .86b. On Campus Budget for FY 2021 (Gulf Park) .87c. The Gulf Coast Research Lab Budget for FY 2021 .8827. USM – Approval to Enter a Master Services Agreement with Technolutions, Inc. .88REAL ESTATEApproval of Initiations of Projects/Appointments of ProfessionalsIHL Projects1. UM – IHL 207–470 – Oxford-University Stadium (Swayze Field) – ADA Ramp, DesignProfessional – A2H, PLLC .942. UM – IHL 207-472 – Vaught Hemingway Stadium West Side Additions & Renovations,Design Professional – To Be Determined Through the Request for Qualifications Method .953. UM – IHL 207-473 – Ole Miss Softball Complex Renovation, Design Professional – To BeDetermined Through the Request for Qualifications Method .97Approval of Other Real Estate Requests4. MSU – Approval of the Exterior Design of the Alpha Chi Omega House.98LEGAL1. UMMC – Approval to Amend a Contract with the Whitfield Law Group, PLLC asOutside Counsel .100PERSONNEL1. Employment (ASU) .1012. Change of Status (USM) .1013. Sabbatical (UM) .101ADMINISTRATION/POLICY1. MUW – Approval of Revisions to Mission Statement .102REGULAR AGENDASACADEMIC AFFAIRS Trustee Steven Cunningham1. ASU – Approval of Stage III – Qualify for Full Accreditation for the Doctor of NursingPractice Program . 1032. SYSTEM – Requests to Add Institutes and Centersa. DSU – Delta Educational Opportunity Center. 104b. JSU – Institute for Multimodal Transportation . 104c. JSU – STEM STARS Institute. 104d. MSU – Center for Governmental and Community Development . 105e. MSU – Child Development and Family Studies Center . 105f. MSU – Congressional and Political Research Center. 105g. MSU – Early Childhood Institute . 106h. MSU – Food and Agricultural Collaboratory for Transforming Food Supply . 106iiiPage 4 of 153

3.4.5.6.i. MSU – High Performance Computing Collaboratory . 106j. MSU – MaxxSouth Digital Medica Center . 107k. MSU – Southern Regional Aquaculture Center. 107l. MSU – Veteran Business Outreach Center . 108m. UM – The Center for Insurance Transformation . 108n. UM – The Center for Practical Ethics. 109o. USM – Center for Military Veterans, Service Members and Families. 110SYSTEM – Final Approval of Proposed Amendment to Board Policy 507 Accreditation. 110SYSTEM – Final Approval of Proposed Amendment to Board Policy 517 EducatorPreparation Programs . 110SYSTEM – Final Approval of Proposed Amendment to Board Policy 518 QualityAssurance Policy for Beginning Teachers . 111SYSTEM – Final Approval of Proposed Amendment to Board Policy 519 QualityAssurance Policy for Beginning Administrators . 112FINANCE Trustee Tom Duff1. MSU – Approval to Enter an Air Charter Agreement with Charter Logistics Group, LLC(Men’s Basketball) .1142. MSU – Approval to Enter an Air Charter Agreement with Charter Logistics Group, LLC(Women’s Basketball) .1153. UMMC – Approval to Enter a Purchase Agreement with Medi-Physics, Inc. d/b/aGE Healthcare .1164. UMMC – Approval to Enter a Master Agreement with Merge Healthcare Solutions, Inc. .1175. USM – Approval to Enter a Contractual Services Agreement with Aramark EducationalServices, LLC .120LEGAL Trustee Gee Ogletree1. DSU – Approval to Settle IHL Self-Insured Workers’ Compensation Claim No. 55-42278-1 .1232. UMMC – Approval to Settle Tort Claim No. 3453 .123INFORMATION AGENDAS Commissioner Alfred Rankins, Jr.ACADEMIC AFFAIRS1. JSU – Intent to Offer Existing Degree Programs by Distance Learning .124a. Master of Arts in Political Scienceb. Master of Professional Accountancy2. MSU – Intent to Offer Certificate Programsa. General Biology Certificate .124b. Gerontology Certificate .125c. Precision Agriculture Certificate .125d. Trauma-Informed Child Advocacy .1253. SYSTEM – Annual Report on Institutional Accreditation .126FINANCE1. SYSTEM – 2021 Ayers Accountability Manual .136ivPage 5 of 153

2. UMMC – Approval of Amendment of Master Acute Client Agreement with AllscriptsHealthcare, LLC .1363. UMMC – Approval to Amend a Lease Agreement with Toshiba America BusinessSolutions, Inc. .137REAL ESTATE1. SYSTEM – Real Estate Items Approved Subsequent to the September 16, 2021 Board MeetingDelta State University .139Mississippi State University .139University of Mississippi .142University of Mississippi Medical Center .143University of Southern Mississippi.144LEGAL1. SYSTEM – Report of Payments to Outside Counsel .145ADMINISTRATION/POLICY1. SYSTEM – Commissioner’s Notification of Approval .1502. SYSTEM – Report of Universities’ Use of Temporary Relief and Waiver of ApprovalRequirements Set Forth in IHL Board Policies 707 Contracts and 905 Real EstateManagement .152ADDITIONAL AGENDA ITEMS IF NECESSARYOTHER BUSINESS/ANNOUNCEMENTSEXECUTIVE SESSION IF DETERMINED NECESSARYADJOURNMENTvPage 6 of 153

MINUTES OF THE BOARD OF TRUSTEES OFSTATE INSTITUTIONS OF HIGHER LEARNINGSeptember 16, 2021BE IT REMEMBERED, That the Mississippi Board of Trustees of State Institutions of HigherLearning of the State of Mississippi met in a regular session at the Old Waverly Golf Club in WestPoint, Mississippi, at 9:00 a.m., and pursuant to notice in writing mailed by certified letter withreturn receipt requested on January 6, 2021, to each and every member of said Board said datebeing at least five days prior to this September 16, 2021 meeting. At the above-named place therewere present the following members to wit: Dr. Ormella Cummings, Dr. Steven Cunningham, Mr.Tom Duff, Ms. Teresa Hubbard, Ms. Jeanne Carter Luckey, Mr. Bruce Martin, Dr. Alfred E.McNair, Jr., Mr. Chip Morgan, Mr. Gee Ogletree, Mr. Hal Parker, Mr. Gregg Rader, and Dr. J.Walt Starr. The meeting was called to order by Dr. Walt Starr, President, with Trustee Duffproviding the invocation.APPROVAL OF THE MINUTESOn motion by Trustee Cunningham, seconded by Trustee Cummings, all Trustees legally presentand participating voted unanimously to approve the Minutes of the Board meetings held on August19, 2021 and August 27, 2021.CONSENT AGENDASPresident Starr noted that item #1 the amendment to an agreement between Alcorn State Universityand ENNCloud Technolgies, LLC was removed from the agenda at the request of the university.On motion by Trustee Martin, seconded by Trustee Cunningham, all Trustees legally present andparticipating voted unanimously to approve the following Consent Agendas as amended.FINANCE1. ASU – Request to enter a one-year contract with ENNCloud Technologies, LLC for CIOAdvisory Services, ERP Advisory Services, and Technical Project Management andConsulting Oversight Services. This is Statement of Work No. 003 (SOW 003) which ispart of a Master Consulting Agreement (MCA) between the university and ENNClouddated September 21, 2020. This is an extension where SOW 003 is made as part of thecurrent MCA. The term of the contract begins September 1, 2021 and ends August 31,2022. The scope of work for SOW 003 is 39,166.67 per month for a total of 470,000for 12 months. The contract will be funded by E & G Funds. Final approval is contingentupon the receipt of the CP-1 exemption from the Mississippi Department of InformationTechnology Services. Legal Staff has reviewed the proposed agreement for compliancewith applicable law and finds same to be acceptable. The agreement is on file in the BoardOffice. (THIS ITEM WAS REMOVED FROM THE AGENDA.)2. UMMC – Approved the request to enter a Master Purchase Agreement with CochlearAmericas to purchase otolaryngology auditory devices and ancillary products to be used insurgical procedures. These devices and products include cochlear implants, boneconduction systems, batteries, covers, hearing aids, etc., that will be used to treat pediatricand adult patients throughout UMMC. For patients with hearing impairments, the implant1Page 7 of 153

MINUTES OF THE BOARD OF TRUSTEES OFSTATE INSTITUTIONS OF HIGHER LEARNINGSeptember 16, 2021does the work of the damaged parts of the inner ear in order to provide sound signals to thebrain. The Board also approved the request for the institution to add or remove productscovered by the agreement without seeking prior Board approval, as long as it does notincrease the approved expenditure level. The term of the agreement is five (5) years, fromOctober 1, 2021, through September 30, 2026. The total estimated cost of the agreementover the five (5) year term is 9,250,000. Beginning in year two (2), UMMC has includeda twenty five percent (25%) increase for potential patient volume increases, as well as atwo percent (2%) increase in the cost per case for annual price increases in years three (3)through five (5). Purchases will be made on an as-needed basis dependent upon patientneed. The agreement will be funded by hospital patient revenue. Legal Staff has reviewedthe proposed agreement for compliance with applicable law and finds same to beacceptable. The agreement is on file in the Board Office.3. UMMC – Approved the request to enter a Master Services Agreement with Press GaneyAssociates, LLC d/b/a Press Ganey Associates, Inc. (Press Ganey). The Agreement allowsUMMC to facilitate the measurement of the hospital and ambulatory clinics’ patientsatisfaction as required by The Joint Commission and the Centers for Medicare andMedicaid Services (CMS). Press Ganey will conduct patient satisfaction surveys on behalfof UMMC, submit the data to CMS as required, and provide a vendor-hosted, web-basedtool for UMMC’s use in reviewing and managing the resulting data, as well as tools forimproving UMMC’s patient satisfaction. The term of the Master Services Agreement isfive (5) years, from October 1, 2021, through September 30, 2026. The total estimatedcost of the agreement over the five (5) year term is 2,100,000.00. The total survey feesare 1,723,669.34 over the term of the agreement with a three percent (3%) annual priceincrease beginning in year two (2). To account for any variable costs and additional supportas needed, UMMC has also included an additional twenty percent (20%) of the projectedannual cost of the survey fees beginning in year one (1). The agreement will be funded byhospital patient revenue. Legal Staff has reviewed the proposed agreement for compliancewith applicable law and finds same to be acceptable. The agreement is on file in the BoardOffice.REAL ESTATE4. IHL System Office – Approved the Facility Needs Request for the 2022 LegislativeSession as prepared by each institution. These lists of campus priorities were developed ina similar manner as last year’s lists, with each university determining the top five rankingpriorities of their respective campus. (See Exhibit 1.)LEGAL5. ASU – Approved the request to hire Ware Immigration as outside counsel to performservices as necessary in preparing labor certification applications, immigrationapplications, immigration petitions, and to provide immigration related services on behalfof the University for its employees who seek temporary or permanent residence status, aswell as providing other related services. The term of this contract will be one yearbeginning October 1, 2021, with rates as set out in the fee schedule below. The maximumamount payable under this agreement is 20,000. This firm carries professional liability2Page 8 of 153

MINUTES OF THE BOARD OF TRUSTEES OFSTATE INSTITUTIONS OF HIGHER LEARNINGSeptember 16, 2021insurance coverage in the amount of 3,000,000 per claim with an annual aggregate of 3,000,000. This request has been reviewed and approved by the Office of the AttorneyGeneral.Schedule of Legal Fees for AcademiaNonimmigrant Petitions and ProcessesH-1B petitionH-1B extension or amendment petitions (we handled original petition)H-1B withdrawalH-4 EAD (Employee may pay)*additional legal fee of up to 2,500 may apply for substantive requests for evidence 2,250.00* 2,250.00* 200.00 750.00TN petition or border/consulate processingTN extension petition (we handled original)E-3 petition or consular processingE-3 extension petition (we handled original)O-1 petitionO-1 extension or amendment petition (we handled original)J-1 waiver (IGA or hardship)J-1 waiver (Conrad)J-1 waiver (no objection)I-539 Fee for Dependents (Employee may pay) 2,250.00 2,250.00 2,250.00 2,250.00 4,250.00 3,000.00 6,000.00 6,000.00 1,500.00 750.00Permanent Residence Process with Labor Certification: FacultySpecial Handling labor certification(If position must be readvertised)Additional fee if auditedImmigrant petition(I 140) 3,000.00 2,500.00 500-1,500.00 2,500.00Permanent Residence Process with Labor Certification: Non-FacultyLabor certificationAdditional fee if auditedAdditional fee if subject to supervised recruitmentImmigrant petition 5,000.00 500-1,500.00 2,500.00 2,500.00Permanent Residence Process: Outstanding Professors and ResearchersImmigrant petition 6,000.00Permanent Residence Process: National Interest WaiverImmigrant petitionNIW or OP/OR RFE or NOID: case by case determination up to 6,000.00 2,500.00Adjustment of Status (any Employment-Based Permanent Residence Matter)Adjustment of status (AOS) and related applications (I-765, I-131, etc.),principal“Standalone” AOS and related applications, principalAdjustment of status and related applications, spouse, if together withprincipal application and I 140Adjustment of status of each child, concurrent with I 140“Standalone” adjustment of status, spouse (not concurrent with I-140)“Standalone” adjustment of status, childReschedule biometrics appointment 2,500.00 3,000.00 1,500.00 1,000.00 2,000.00 2,000.00 150.003Page 9 of 153

MINUTES OF THE BOARD OF TRUSTEES OFSTATE INSTITUTIONS OF HIGHER LEARNINGSeptember 16, 2021Reschedule adjustment of status interviewI 485 J (standalone cases) 150.00 1,500.00Employment Authorization and Advance Parole RenewalEmployment Authorization Renewal per individualAdvance Parole Renewal per individual 500.00 500.00General Legal Advice and Unusual Matters Which Fall Outside This Fee ScheduleSuch matters will be billed at our hourly rates:David Wareper hour billedWI Partnersper hour billedAssociate Attorneysper hour billedParalegalsper hour billed 350.00 250.00 175.00 100.006. JSU – Approved the request to hire Armstrong Law, LLC as outside counsel to provideservices as needed in preparing labor certification applications, immigration applications,immigration petitions, and to provide immigration related services on behalf of theUniversity for its employees who seek temporary or permanent residence status, as well asproviding other related services. The term of this agreement is one year beginning uponapproval and execution, with rates as set out in the fee schedule below. The maximumamount payable under this agreement is 50,000. This firm carries professional liabilityinsurance coverage in the amount of 1,000,000 per claim with an annual aggregate of 1,000,000. This request has been reviewed and approved by the Office of the AttorneyGeneral.Summary of Legal FeesType of Immigration ProcessingPermanent resident status (“green card”/immigrant) processing – laborcertification required2“Special handling” labor certification for faculty (teaching positions only) – usingoriginal recruitment“Special handling” labor certification for faculty (teaching positions only) – rerecruitment3“Basic recruitment” labor certification for non-teaching positionsAudit response (if required by US Department of Labor)Immigrant petition for alien worker (I-140) – for employeeApplication to adjust status (I-485) and related applications if applicable (I-765,I-131) for employeeApplication to adjust status (I-485) and related applications if applicable (I-765,I-131) for each dependent of employeeAttorney’s Fees1 2,000.00 2,500.00 4,000.00 1,500.00 2,800.00 1,500.00 750.001Exclusive of all required US Citizenship and Immigration Services filing fees and costs of recruitment (ifrequired); all additional work, including assistance in ad placement, renewal applications for employmentauthorization or advance parole during the period the application for adjustment of status is pending,preparation for and attendance at interviews with immigration officers, or appeals of any denials of anyimmigration petition or application filed, will be billed at normal hourly rates (currently 275 an hour)2Regulations require employer to pay all costs relating to labor certification, including all costs ofrecruitment.3Re-recruitment may be required if original ads do not meet US Department of Labor requirements or iflabor certification is not filed within 18 months of date of offer letter.4Page 10 of 153

MINUTES OF THE BOARD OF TRUSTEES OFSTATE INSTITUTIONS OF HIGHER LEARNINGSeptember 16, 2021Preparation for and att

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 Old Waverly Golf Club in West Point, Mississippi, at 9:00 a.m., and purs