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# BOARD OF REGENTS for KENTUCKY STATE UNIVERSITY

<div style="text-align: center;"><img src="imgs/img_in_image_box_598_835_1954_2125.jpg" alt="Image" width="53%" /></div>


ONWARD — UPWARD

Special Called Meeting of the Board of Regents

Tuesday, October 19, 2021

10:00 a.m.

2nd Floor Julian M. Carroll

Academic Service Building

Frankfort, Kentucky 40601

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# KENTUCKY STATE UNIVERSITY BOARD OF REGENTS SPECIAL CALLED MEETING

*** Meeting Will be Conducted by Teleconference ***

Tuesday, October 19, 2021

10:00 a.m.

Board of Regents Room

2nd Floor Julian M. Carroll Academic Services Building

Frankfort, Kentucky 40601

(Primary Physical Location)

Zoom Link: https://kysu.zoom.us/j/96321023800

Webinar ID: 96321023800

Phone One-Tap: +16468769923,,96321023800# or +13017158592,,96321023800#

## AGENDA


<table border=1 style='margin: auto; word-wrap: break-word;'><tr><td style='text-align: center; word-wrap: break-word;'>1. Call to Order</td><td style='text-align: center; word-wrap: break-word;'>Regent Elaine Farris, Chair</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>2. Roll Call</td><td style='text-align: center; word-wrap: break-word;'>Regent Roger Reynolds</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>3. Approval of Agenda</td><td style='text-align: center; word-wrap: break-word;'>Regent Elaine Farris</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>4. Closed Session
A. Pending Litigation (KRS 61.810 (1) (c))
B. Individual Personnel Matters (KRS 61.810 (1) (f))
C. RFP Bidder Selection Discussion (KRS 61.810 (1) (n)
D. Public Action (if necessary)</td><td style='text-align: center; word-wrap: break-word;'>Regent Elaine Farris</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>5. Information Items
A. Finance Assessment and Management and Improvement Plan Update</td><td style='text-align: center; word-wrap: break-word;'>Dr. Aaron Thompson
President, Council on Postsecondary Education and Mr. Travis Powell
Vice President and General Counsel, Council on Postsecondary Education</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>6. Action Items
A. Approve Biennial Budget Request Amount to Cover Projected FY 2022 Cash Shortfall
B. Approve Areas for Management and Improvement Plan</td><td style='text-align: center; word-wrap: break-word;'>Regent Elaine Farris</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>C. Approve Presidential Search Committee Composition and Charge</td><td style='text-align: center; word-wrap: break-word;'>Regent Elaine Farris</td></tr></table>

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<table border=1 style='margin: auto; word-wrap: break-word;'><tr><td style='text-align: center; word-wrap: break-word;'>D. Approve CourseLeaf Software Contract</td><td style='text-align: center; word-wrap: break-word;'>Greg Rush</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>E. Approve Amendment to the Ellucian Contract</td><td style='text-align: center; word-wrap: break-word;'>Greg Rush</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>F. Approve Crowe LLP Contract</td><td style='text-align: center; word-wrap: break-word;'>Greg Rush</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>G. Approve McCarthy Strategic Solutions Contract</td><td style='text-align: center; word-wrap: break-word;'>Greg Rush</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>H. Approve Purchase and Installation of Keyless Door Locks in Residence Halls</td><td style='text-align: center; word-wrap: break-word;'>Greg Rush</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>I. Approve Information Technology Infrastructure Upgrades</td><td style='text-align: center; word-wrap: break-word;'>Greg Rush</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>J. Approve The Halls HVAC Upgrades</td><td style='text-align: center; word-wrap: break-word;'>Greg Rush</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>K. Approve Authority to Dispose and/or Sell Surplus Property-Land Grant</td><td style='text-align: center; word-wrap: break-word;'>Greg Rush</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>Closing Remarks</td><td style='text-align: center; word-wrap: break-word;'>Regent Elaine Farris</td></tr><tr><td style='text-align: center; word-wrap: break-word;'>Adjournment</td><td style='text-align: center; word-wrap: break-word;'>Regent Elaine Farris</td></tr></table>

Kentucky State University Board of Regents

2021 Quarterly Meeting Dates

December 2-3, 2021

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## INFORMATION ITEM:

Finance Assessment and Management and Improvement Plan Update

## FACTS:

On July 20, 2021, Governor Andy Beshear signed an executive order relating to Kentucky State University to ensure that the Council on Postsecondary is able to provide guidance, oversight, and resources to the Kentucky State University Board of Regents for a review of KSU's financial condition so that KSU may continue to provide a high-quality education to its students.

The executive order includes four areas of focus:

1. CPE shall provide an assessment of the current financial status of KSU and shall provide a report to the Governor detailing its assessment prior to providing recommendations concerning appropriations for the next biennial budget.

2. To assist CPE in performing its assessment, KSU shall provide CPE access to any records CPE deems necessary to preparing its assessment.

3. CPE shall assist the KSU Board of Regents in developing a management and improvement plan with goals and measurable metrics, which shall be subject to the approval of CPE. The management and improvement plan shall be designed to assist with organizational and financial stability. The management and improvement plan shall provide for continuing oversight by, and reporting to, CPE concerning the implementation of the plan.

4. CPE shall make recommendations to the KSU Board of Regents concerning the KSU administrative structure and leadership.

CPE's President Aaron Thompson and Vice President/General Council Travis Powell will provide the Finance Assessment and Management and Improvement Plan Update for Board discussion.

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## ACTION ITEM:

Approval of Biennial Budget Request Amount to Cover Projected FY 2022 Cash Shortfall.

## FACTS:

On July 20, 2021, Governor Andy Beshear signed an executive order relating to Kentucky State University to ensure that the Council on Postsecondary is able to provide guidance, oversight, and resources to the Kentucky State University Board of Regents for a review of KSU's financial condition, so that KSU may continue to provide a high-quality education to its students.

The executive order includes four areas of focus:

1. CPE shall provide an assessment of the current financial status of KSU, and shall provide a report to the Governor detailing its assessment prior to providing recommendations concerning appropriations for the next biennial budget.

2. To assist CPE in performing its assessment, KSU shall provide CPE access to any records CPE deems necessary to preparing its assessment.

3. CPE shall assist the KSU Board of Regents in developing a management and improvement plan with goals and measurable metrics, which shall be subject to the approval of CPE. The management and improvement plan shall be designed to assist with organizational and financial stability. The management and improvement plan shall provide for continuing oversight by, and reporting to, CPE concerning the implementation of the plan.

4. CPE shall make recommendations to the KSU Board of Regents concerning the KSU administrative structure and leadership.

Focus #1 states CPE shall provide an assessment of the current financial status of KSU and shall provide a report to the Governor detailing its assessment prior to providing recommendations concerning appropriations for the next biennial budget.

CPE's President Aaron Thompson and Vice President/General Council Travis Powell will present the finance assessment and the projected FY 2022 Cash Shortfall for the Board's consideration for approval.

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## BUDGETARY IMPLICATIONS: TBD

## RECOMMENDATION:

The Board of Regents Approve the Biennial Budget Request Amount to Cover Projected FY 2022 Cash Shortfall.

## MOTION:

Approve the Biennial Budget Request Amount to Cover Projected FY 2022 Cash Shortfall.

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## ACTION ITEM:

Approval of the Areas for the Management and Improvement Plan recommended by CPE.

## FACTS:

On July 20, 2021, Governor Andy Beshear signed an executive order relating to Kentucky State University to ensure that the Council on Postsecondary is able to provide guidance, oversight, and resources to the Kentucky State University Board of Regents, for a review of KSU's financial condition, so that KSU may continue to provide a high-quality education to its students.

The executive order includes four areas of focus:

1. CPE shall provide an assessment of the current financial status of KSU and shall provide a report to the Governor detailing its assessment prior to providing recommendations concerning appropriations for the next biennial budget.

2. To assist CPE in performing its assessment, KSU shall provide CPE access to any records CPE deems necessary to preparing its assessment.

3. CPE shall assist the KSU Board of Regents in developing a management and improvement plan with goals and measurable metrics, which shall be subject to the approval of CPE. The management and improvement plan shall be designed to assist with organizational and financial stability. The management and improvement plan shall provide for continuing oversight by, and reporting to, CPE concerning the implementation of the plan.

4. CPE shall make recommendations to the KSU Board of Regents concerning the KSU administrative structure and leadership.

Focus #3 states that, CPE shall assist the KSU Board of Regents in developing a management and improvement plan with goals and measurable metrics, which shall be subject to the approval of CPE. The management and improvement plan shall be designed to assist with organizational and financial stability. The management and improvement plan shall provide for continuing oversight by, and reporting to, CPE concerning the implementation of the plan.

CPE's President Aaron Thompson and Vice President/General Council Travis Powell will present the areas for the Management and Improvement Plan for the Board to consider for approval.

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## BUDGETARY IMPLICATIONS: TBD

## RECOMMENDATION:

The Board of Regents Approve the Areas for the Management and Improvement Plan recommended by CPE.

## MOTION:

Approve the Areas for the Management and Improvement Plan recommended by CPE.

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## ACTION ITEM:

Approval of the Presidential Search Committee Composition and Charge

## FACTS:

On July 20, 2021, Governor Andy Beshear signed an executive order relating to Kentucky State University to ensure that the Council on Postsecondary is able to provide guidance, oversight, and resources to the Kentucky State University Board of Regents for a review of KSU's financial condition, so that KSU may continue to provide a high-quality education to its students.

The executive order includes four areas of focus:

1. CPE shall provide an assessment of the current financial status of KSU and shall provide a report to the Governor detailing its assessment prior to providing recommendations concerning appropriations for the next biennial budget.

2. To assist CPE in performing its assessment, KSU shall provide CPE access to any records CPE deems necessary to preparing its assessment.

3. CPE shall assist the KSU Board of Regents in developing a management and improvement plan with goals and measurable metrics, which shall be subject to the approval of CPE. The management and improvement plan shall be designed to assist with organizational and financial stability. The management and improvement plan shall provide for continuing oversight by, and reporting to, CPE concerning the implementation of the plan.

4. CPE shall make recommendations to the KSU Board of Regents concerning the KSU administrative structure and leadership.

Focus #4 states that, CPE shall make recommendations to the KSU Board of Regents concerning the KSU administrative structure and leadership.

CPE's President Aaron Thompson and Vice President/General Council Travis Powell will present the Presidential Search Composition and Charge for the Board to consider for approval.

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## THE KENTUCKY STATE UNIVERSITY PRESIDENTIAL SEARCH COMMITTEE COMPOSITION

The Presidential Search Committee shall be composed of eleven (11) members:

(a) One (1)-Representative from the Council on Postsecondary Education selected by the CPE President; and will serve as chairperson of the search committee;

(b) Two (2)-Kentucky State University Students, elected by the Student Government Association;

(c) Two (2)-Kentucky State University Faculty Members, elected by the Faculty Senate;

(d) Two (2)-Kentucky State University Staff Members, elected by the Staff Senate;

(e) Two (2)-Kentucky State University Alumni, elected by the KSU Alumni Association;

(f) Two (2)-Frankfort Community Members, selected by the CPE President;

One (1)-Frankfort Community At-large Representative

One (1)-Frankfort K-12 Representative

Selected or elected presidential search committee members shall not be current members of the Kentucky State University Board of Regents.

The identified groups shall submit the selected/elected presidential search committee members' names and contact information to the presidential search committee chair no later than Tuesday, November 9, 2021 by 2pm.

## THE KENTUCKY STATE UNIVERSITY PRESIDENTIAL SEARCH COMMITTEE CHARGE

The Kentucky State University Presidential Search Committee shall conduct a search process to identify finalists for the Kentucky State University presidency.

The Search Committee shall prepare a report for the Board of Regents that will provide a summary of the search process.

The Committee shall identify and evaluate candidates for president that will include the strengths and areas of concern of each of the finalist candidates in an unranked format and make a recommendation to the Board of Regents of no more than three (3) but not less than two (2) finalists.

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# KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

In conducting the search process, the Committee shall work with the executive search firm selected by the Board of Regents through an RFP process.

## BUDGETARY IMPLICATIONS: TBD

## RECOMMENDATION:

The Board of Regents Approve the Presidential Search Committee Composition and Charge.

## MOTION:

Approve the Presidential Search Committee Composition and Charge.

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## ACTION ITEM:

Approval of CourseLeaf Software Contract.

## FACTS:

CourseLeaf software is a catalog, curriculum, section scheduler, syllabi, and registration management system. This software will enhance the university's ability to accurately inform, advise, and share course, curriculum, and degree pathway information throughout the college. The software will reduce chances of misadvising students and support financial aid processes by assuring program applicability for student enrollment. The software will be available to all stakeholders at the university and visible on the KSU's website. Funding for this contract is from Title III funds.

## BUDGETARY IMPLICATIONS:

CourseLeaf - $74,367 (Federal Funds)

## RECOMMENDATION:

Acting President Stamps recommends that the Board of Regents approve the CourseLeaf software contract.

## MOTION:

Approve CourseLeaf Software Contract.

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## ACTION ITEM:

Approval of Amendment to the Ellucian Contract.

## FACTS:

KSU currently has the "Degree Works" functionality in Banner installed. This software allows students to see a "map" to their graduation and allows for online degree audits based on curriculum ladders. This contract amendment provides for support from Ellucian to fully implement Degree Works including loading recent course catalogs.

## BUDGETARY IMPLICATIONS:

Ellucian - $54,180 (Funded through Grant from the Kentucky Council on Postsecondary Education)

## RECOMMENDATION:

Acting President Stamps recommends that the Board of Regents Approve the Amendment to the Ellucian Contract.

## MOTION:

Approve Amendment to Ellucian Contract.

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## ACTION ITEM:

Approval of Crowe LLP Contract.

## FACTS:

Crowe LLP has provided external audit services to KSU since the 2017 fiscal year. This contract is for the external audit of the University's fiscal year 2021 financial statements.

## BUDGETARY IMPLICATIONS:

Crowe LLP - Approximately $165,000

## RECOMMENDATION:

Acting President Stamps recommends that the Board of Regents Approve the contract with Crowe LLP.

## MOTION:

Approve Crowe LLP Contract

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## ACTION ITEM:

Approval of McCarthy Strategic Solutions Contract.

## FACTS:

McCarthy Strategic Solutions currently represents KSU in discussions with the Kentucky General Assembly, Commonwealth of Kentucky Agencies, and other governmental entities.

## BUDGETARY IMPLICATIONS:

McCarthy Strategic Solutions - $42,000.00 for the Initial term of the contract. For the renewable term of the contract, the Contractor's Fee shall not exceed $62,000.00.

## RECOMMENDATION:

Acting President Stamps recommends that the Board of Regents Approve the Contract with McCarthy Strategic Solutions.

## MOTION:

Approve the McCarthy Strategic Solutions Contract.

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## ACTION ITEM:

Approval of Purchase and Installation of Keyless Door Locks in Residence Halls

## FACTS:

This request if for equipment and services to replace access controls on approximately 469 locations in the residence halls, replace 13 doors and repair of over 40 doors in McCullin and The Halls. Additionally, this request includes mobile credential, which after implementation will allow students to use their mobile device (Cellphone (Android & iPhone) or Apple watch) as a contactless student ID for access to facilities and residence halls. In the future, dining and other uses will be included. Finally, this request will also include training on how to manage and support the system.

## BUDGETARY IMPLICATIONS:

Transact Campus, Inc.

Hardware and Installation for approximately 469 doors - $667,718.81 (Federal Funds)

## RECOMMENDATION:

Acting President Stamps recommends that the Board of Regents Approve the Purchase and Installation of Keyless Door Locks in the Residence Halls.

## MOTION:

Approve Purchase and Installation of Keyless Door Locks in Residence Halls.

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## ACTION ITEM:

Approval of Information Technology Infrastructure Upgrades.

## FACTS:

Significant upgrades to the KSU network infrastructure are needed to meet the current and emerging technological needs of the university. These upgrades include improving and replacing network equipment throughout campus as well as network cabling in most buildings on campus. Also included in the scope is increasing the number of outdoor wireless access points around the campus. Technology Infrastructure upgrades are an allowable expense under the guidance for Higher Education Emergency Relief Funds (HEERF).

## BUDGETARY IMPLICATIONS:

Integration Partners Corporation - $1,764,646.86 (Federal Funds)

## RECOMMENDATION:

Acting President Stamps recommends that the Board of Regents Approve the Information Technology Infrastructure Upgrades.

## MOTION:

Approve Information Technology Infrastructure Upgrades.

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## ACTION ITEM:

Approval of the Halls HVAC Upgrades.

## FACTS:

The University has faced ongoing challenges with air quality in "The Halls" resident hall. These issues relate to filtration and humidity levels in the building. Higher Education Emergency Relief Funds are specifically allowed to be used for HVAC upgrades that improve air quality. KSU is working with the Finance and Administration Cabinet, Division of Engineering and Contract Administration, to address these air quality issues. The current estimate for the project is not expected to exceed $400,000.

## BUDGETARY IMPLICATIONS:

Vendors to be identified through DECA managed RFP - $400,000 (Federal Funds)

## RECOMMENDATION:

Acting President Stamps recommends that the Board of Regents Approve the Halls HVAC Upgrades.

## MOTION:

Approve the Halls HVAC Upgrades.

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## Action Item 6J The Halls HVAC Upgrades

The proposed project includes installation of 3 self-contained package rooftop units, commonly called make-up air units. This equipment is designed to replace exhausted air by bringing in fresh outdoor air into the building and heating or cooling it to the desired condition and discharge the conditioned air into the building. The building air flow from these units and the existing fan coil units in each resident room will be balanced to create a positive pressure that pushes stale and humid air out of the building.

HEER funds can be used for IAQ purposes:

“Clean air is essential for living and learning, and effective ventilation is an important part of COVID-19 prevention. Proper ventilation is a key prevention strategy for maintaining healthy environments and, along with other preventive actions, can reduce the likelihood of spreading disease. In addition, Higher Education Emergency Relief (HEER) funds provided under the ARP and previous stimulus funds can support many ventilation improvements in institutions of higher education (IHEs).”

https://www.ed.gov/improving-ventilation-schools-colleges-and-universities-prevent-covid-19

Estimated cost breakdown:

The projected cost of this project is $400K and includes the following design fees and construction costs:

$35,000 design

$330,000 construction

$35,000 contingency

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## ACTION ITEM:

Approval to Dispose and/or Sell Surplus Property-Land Grant.

## FACTS:

The Land Grant Program has twenty-five vehicles located at the Harold R. Benson Research and Demonstration Farm. Kentucky State University is seeking board approval to dispose or sell these vehicles pursuant to KRS 164A.575 (8).

## BUDGETARY IMPLICATIONS:

Positive income for Land Grant Program.

## RECOMMENDATION:

Acting President Stamps recommends that the Board of Regents approve disposal and/or sale of surplus property – Land Grant.

## MOTION:

Approve Authority to Dispose and/or Sell Surplus Property-Land Grant.

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# BOARD OF REGENTS

## ORDER

By order of the Board of Regents, pursuant to the provisions of KRS 164A. 575(8), the twenty-five vehicles at the Harold R. Benson Research and Demonstration Farm that Kentucky State University have been approved for disposal or to sell.

So ORDERED this the ___ day of October, 2021.

Chair, Board of Regents

Kentucky State University

Date

CERTIFIED TRUE COPY OF THE BOARD ORDER PASSED AT THE MEETING OF THE BOARD OF REGENTS OF KENTUCKY STATE UNIVERSITY HELD AT 400 EAST MAIN STREET, FRANKFORT, KY 40601 ON SEPTEMBER 2, 2021, AT 9:00AM.