|
Small
Medium
Large
Extra Large
Full-size
Full-size archival image
|
|
Stephen F. Austin State University Minutes of the Board of Regents Nacogdoches, Texas February 4, 2004 Volume 194 TABLE OF CONTENTS Page 04-13 October 23, 2003 Minutes (tabled) 3 04-14 Personnel A. Faculty and Staff Appointments for 2003-2004 3 B. Changes of Status for 2003-2004 4 C. Retirements for 2003-2004 6 D. Voluntary Modification of Employment for 2003-2004 6 E. Administrative Leaves for 2003-2004 6 04-15 Academic and Student Affairs A. Faculty Workload Report for Fall 2003 6 B. Last Class Day Report 6 04-16 Academic and Student Affairs C. Forestry Master s Degree Name 7 04-17 Academic and Student Affairs D. Fifth Grade Addition to Charter School 7 04-18 Academic and Student Affairs E. Dormitory Scholarships 7 04-19 Academic and Student Affairs F. Patent License 7 04-20 Financial Affairs A. Resolution to Review Qualified Investment Brokers and Financial Institutions 7 B. Standards of Conduct for Financial Advisors and Managers 7 C. Interagency Contract for Annual Software Maintenance 8 D. Equestrian Center Equipment Funds 8 E. Budget Changes Less Than $50,000 8 F. Budget Increases for Marketing 8 G. Marketing Contract 8 H. University Insurance - Property, Casualty, Liability 8 I. Privatization of the University Center Bookstore 8 04-21 Buildings and Grounds A. Piney Woods Conservation Center Sewer Treatment Facility 9 B. Nelson Rusche College of Business Educational Investment Center 9 C. University Center Expansion and Renovation (tabled) 9 D. Utility Easement 9 E. Real Estate (tabled) 9 04-22 Private Support Agreements A. Stephen F. Austin Quarterjack Club 9 B. Tip-In Club (tabled) 9 04-23 University Policies and Procedures A. Resolution to Acknowledge Review of Investment Policy and Strategy (tabled) 10 B. Board Meeting Schedule 10 04-24 Policy Revisions 10 B-15 Issuance and Control of Campus Keys B-24 Property Transfer and Disposal B-32 Work Requests B-34 Property Liability C-2 Annual Budget Preparation (tabled) C-7 Best Value Procurement C-8 Computer Equipment Purchases C-10 Delegated Purchasing Authority C-16.5 Historically Underutilized Businesses C-41 Investments (tabled) C-42 Property Inventory and Management D-19.1 Inclement Weather and Other Emergencies D-26 Public/Student Health D-34 Student Discipline E-55 Workers Compensation Coverage E-61 Drug and Alcohol Testing E-62 Return to Work F-7.5 Computer Hardware and Software Acquisition F-27 Student ID Cards F-29 Telephone Services F-32 Access to Secure Computing Facilities Reports A. Faculty Senate 10 B. Student Government Association 10 C. Vice President for Alumni Affairs 10 D. Vice President for University Advancement 10 E. President 10 F. Athletic Rivalry Traditions 11 G. Board Committees 11 MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY NACOGDOCHES, TEXAS February 4, 2004 The meeting was called to order at 9:15 a.m. by Chair Kenneth James. Board members present in Room 307: Margarita de la Garza Grahm, Valerie Ertz, Joe Max Green, Kenneth James, Gary Lopez, Paul Pond, Lyn Stevens, Mike Wilhite and Fred Wulf. Absent: None. Others present in Board Room 307: Tito Guerrero, Mary Cullinan, Jerry Holbert, Miles McCall, Baker Pattillo, Roland Smith, Marlin Young, Yvette Clark, and other SFA administrators, staff, and visitors. Executive Session was called at 9:15, and Open Session was announced at 12:15 p.m. There was a recess for lunch from 12:15 to 12:55, at which time the meeting resumed. 04-13 Upon motion of Regent Wulf, seconded by Regent Green, with all members voting aye, it was ordered that approval of the minutes of October 23, 2003 be tabled until the April meeting. 04-14 Upon motion of Regent Wulf, seconded by Regent Lopez, with all members voting aye, it was ordered that the following Personnel items be approved. A. Faculty and Staff Appointments for 2003-2004 1. Intramurals Jason E. Saladiner, Intramural Supervisor, at a salary of $22,746 for 100% time for 9 months, effective November 1, 2003. 2. Athletics Mr. Michael Santiago, Head Football Coach, at a salary of $104,376 for twelve months, effective February 1, 2004. Mr. Robert Kim Dameron, Assistant Coach, at a salary of $ 65,120 for 10.5 months, effective February 1, 2004. Mr. Todd Ivicic, Assistant Coach, at a salary of $55,022 for 10.5 months, effective February 1,2004. Mr. William S. Reed, Assistant Coach, at a salary of $56,288 for 10.5 months, effective February 1, 2004. Mr. Greg Z. Stevens, Assistant Coach, at a salary of $50,898 for 10.5 months, effective February 1, 2004. Mr. Robert Walker, Assistant Coach, at a salary of $60,206 for 10.5 months, effective February 1, 2004 Mr. Kenny Washington, Assistant Coach, at a salary of $53,027 for 10.5 months, effective February 1, 2004. B. Changes of Status for 2003-2004 1. Early Childhood Lab Ms. Karen Briley, from Master Teacher Toddler II at a salary of $31, 526 for 100% time for twelve months, to Master Teacher PKI at a salary of $32,526 for 100% time for twelve months, effective February 1, 2004. Ms. Melissa L. McCormack, from Teacher Aide at a salary of $21,588 for 100% time to Lead Teacher at a salary of $25, 632 for 100% time for twelve months, effective November 1, 2003. Ms. Rebecca P. Kilmer, from Substitute Teacher at an hourly rate of $6.50, to Teacher at a salary of $24,943 for 100% time for twelve months, effective December 15, 2003. 2. Financial Aid Belinda K. Davis, from Admissions Fund Manager at a salary of $25,092 for 100% for 12 months to Financial Aid Officer at a salary of $27,000 for 100% for 12 months, effective October 27, 2003. 3. Forestry Dr. Hans M. Williams, from Professor at a salary of $56,557 for 100% time for nine months, to Professor and Kenneth Nelson Distinguished Professor for a salary of $66,557 for 100% time for nine months, effective March 1, 2004. 4. Nursing Ms. Delia E. Connor, from Clinical Instructor at a salary of $30,000 for 75% time for nine months, to Clinical Instructor at a salary of $40,000 for 100% time for nine months, effective January 1, 2004. 5. Research and Sponsored Programs Ms. Heather L. Slough, from Assistant Director at a salary of $39,461.04 for 100% time for twelve months, to Interim Director at a salary of $45,461.04 for 100% time for twelve months, effective October 1, 2003. 6. Agriculture Mr. Dennis J. Chessman, from Associate Director of Soil Lab and Instructor at a salary of $38,731 for 100% time for twelve months, to Associate Director of Soil Lab and Assistant Professor at a salary of $54,391 for 100% time for twelve months, effective January 1, 2004. Change in status was contingent upon completion of doctorate by January 1, 2004. Ph.D. was received from Texas A&M, December, 2003. 7. Controller Tamara Hart, from Manager at a salary of $48,000 for 100% time for twelve months, to Assistant Controller at a salary of $55,000 at 100% time for twelve months, effective February 9, 2004. 8. Criminal Justice Dr. Ron Robinson, from VME status at a salary of $21,890 for 46.75% time for three years effective September 1, 2003, to Associate Professor at a salary of $46,825 for 100% time for nine months, effective September 1, 2003. 9. University Police Mr. Christopher T. Rivers, from Police Officer II at a salary of $28,288 for 100% time for twelve months, to Assistant Chief of Police at a salary of $54,780 for 100% time for twelve months, effective February 9, 2004.. C. Retirements for 2003-2004 1. Early Childhood Lab Ms. Catherine F. Barra, Master Pre-K I Teacher, effective January 30, 2004. D. Voluntary Modification of Employment for 2003-2004 1. Economics and Finance Dr. Reynolds Griffith, Professor, effective Fall semester, 2004. E. Administrative Leaves for 2003-2004 1. Political Science and Geography Michael T. Tkacik, Assistant Professor, Fulbright Scholarship Leave of Absence with partial pay of $10,000 effective Spring semester, 2004. 04-15 Upon motion of Regent Wilhite, seconded by Regent Wulf, with all members voting aye, it was ordered that the following Academic and Student Affairs items be approved. A. Faculty Workload Report for Fall 2003 - the faculty workload report for Fall 2003 was approved. B. Last Class Day Report - the last Class Day Report for Summer I, Summer II and Fall semester, 2003 was approved as presented. 04-16 Upon motion of Regent Stevens, seconded by Regent Ertz, with all members voting aye, it was ordered that the following Academic and Student Affairs item be approved. A. Forestry Masters Degree Name Change - approval was given to change the Master of Science in Forestry degree to a Master of Science degree with majors in Forestry and Spatial Science, pending Coordinating Board approval. 04-17 Upon motion of Regent Wulf, seconded by Regent Green, with all members voting aye, it was ordered that the following Academic and Student Affairs item be approved. A. Approval of the Fifth Grade Addition to the Charter School - the addition of 5th grade to the Charter School at SFA starting Fall 2004 was approved. 04-18 Upon motion of Regent Pond, seconded by Regent Stevens, with all members voting aye, it was ordered that the following Academic and Student Affairs item be approved. A. Dormitory Scholarships - approval was given to allocate $204,000 to support dormitory scholarships. 04-19 Upon motion of Regent Wilhite, seconded by Regent Wulf, with all members voting aye, it was ordered that the following Academic and Student Affairs item be approved. A. Patent License - the President was authorized to sign any contracts or agreements regarding licensing rights for Dr. Shiyou Li's sponsored research, as reviewed and approved by the General Counsel. 04-20 Upon motion of Regent Wulf, seconded by Regent Ertz, with all members voting aye, it was ordered that the following Financial Affairs items be approved. A. Resolution to Review Qualified Investment Brokers and Financial Institutions - the Resolution was approved as presented in Appendix No. 2. The following brokers/investment managers are listed in the resolution: Merrill Lynch Inc., Neuberger Berman, Fayez Sarofim & Co., John A. Levin & Co., Lazard Asset Management, Franklin Private Client Group, Inc., MLIM L.P. Relative Value, Furman Selz Capital, and NFJ Investment/PIMCO Allianz. The following financial institutions are also listed in the resolution for review and approval: Citizen's First Bank, Commercial Bank of Texas, First Bank and Trust East Texas, Bancorp South Fredonia, Region's Bank Stone Fort, and Texas Bank. B. Standards of Conduct for Financial Advisors and Managers - the Standards of Conduct for Investment Advisors were approved as presented in Appendix No. 3. C. Interagency Contract for Annual Software Maintenance - the President or his designee was authorized to sign the proposed Interagency Contract for Services for Software Maintenance of SCT Products (Contract) and to issue the necessary purchase orders and/or agreements. Annual renewals of this maintenance arrangement through August 31, 2009 as specified in Exhibit A to the Contract shall be at the option of the administration. The cost for Fiscal Year 2004 is $178,746 and is included in the University's Fiscal Year 2004 budget. D. Equestrian Center Equipment Funds - the University was authorized to spend the FY 2004 HEAF funds allocated to the beef program and the contingency, plus any unused funds from the construction project (estimated at $25,000) to equip the equestrian facility. The university was authorized to expend the $25,000 allocated to the swine and poultry programs to support the cost of physical plant projects for those programs. E. Budget Changes Less Than $50,000 - no action required. F. Budget Increases for Marketing - approval was given to FY-04 budget increases of $105,449 for marketing and $4,891 for Office of Public Affairs staffing. G. Marketing Contract - the President was authorized to sign a marketing contract for a sum not to exceed $125,000. This amount includes a combination of already budgeted funds and a portion of the requested increase in FY-04 marketing funds, as well as $7,435 for Web site review and recommendations that would be contingent on FY-05 funding. H. University Insurance — Property, Casualty, Liability - the University was given authorization to cancel fiscal year 2004 Royal & Sunalliance insurance coverage for business automobile, boiler and machinery, commercial property-auxiliary, contractors' equipment and commercial general liability and to acquire replacement coverage with Travelers. The University was also authorized to acquire law enforcement liability and physical/sexual abuse insurance with Travelers. These changes are to be effective as soon as possible. Arrangements for the changes are to be made through the University's agent, USI Southwest. The University was also authorized to develop a RFP document for University insurance to procure coverage effective September 1, 2004 or as soon thereafter as is practical. The University was authorized to extend the date of the Travelers policies as necessary until coverage is effective for fiscal year 2005. I. Privatization of the University Center Bookstore - upon recommended by the Ad Hoc Committee on University Center Expansion and Renovation, it was ordered that the administration solicit proposals for the privatization of the University Center Bookstore. 04-21 Upon motion of Regent Wilhite, seconded by Regent Ertz, with all members voting aye, it was ordered that the following Buildings and Grounds items be approved. A. Piney Woods Conservation Center Sewer Treatment Facility - the University was authorized to employ Jerry G. Ince, P.E. to design the surface flow wetland system to serve the Piney Woods Conservation Center. The cost will not exceed $12,500 and will be paid from FY 04 budgeted HEAF. B. Nelson Rusche College of Business Educational Investment Center - the University was authorized to renovate an existing classroom in the McGee Building to create a high-tech, multi-media classroom. Cost of the project is approximately $80,000. All funds to support the cost of the project are on deposit with the SFASU Foundation. SFA Physical Plant employees will complete all work for the project. D. Utility Easement - the President was authorized to sign the Easement Approval to Deep East Texas Electrical Cooperative for the primary electrical service at the Equine Center on the Walter C. Todd Beef Farm. The easement required is ten feet wide by approximately 400 feet long, running from CR 123 South to the location of a pad mounted transformer East of the new facility. The following Buildings and Grounds items were tabled for further review, and will be brought before the April meeting. C. University Center Expansion and Renovation E. Real Estate Transactions 04-22 Upon motion of Regent Stevens, seconded by Regent Green, with all members voting aye, it was ordered that the following Private Support-Agreement be approved. A. Stephen F. Austin Quarterjack Club - the private support organization agreement between the Stephen F. Austin Quarterjack Club and the University was approved. The following Private Support Agreement was tabled and will be brought back to the Board at a later date. B. Stephen F. Austin Tip-In Club 04-23 Upon motion of Regent Stevens, seconded by Regent Green, with all members voting aye, it was ordered that the following University Policies and Procedures item be tabled until it is reviewed by the Finance Committee, and that the item be returned to the agenda at the April Board meeting. A. Resolution to Acknowledge Review of Investment Policy and Strategy 04-24 Upon motion of Regent Wulf, seconded by Regent Ertz, with all members voting aye, it was ordered that the following Policies and Procedures items be approved. A. Policy Revisions - the policy revisions were adopted as presented, with the exception of policies C-2 Annual Budget Preparation, and C-41 Investments, which were tabled until the April meeting. B. Board Meeting Schedule - a telephone Board meeting was scheduled for Wednesday, February 18 at 1:00 regarding the University Center Bond Sale. The April Board meeting was scheduled for Tuesday, April 20. The Board will be polled regarding which day of the week is best for future meetings. There was discussion regarding a Board retreat. REPORTS A. Faculty Senate 1. Faculty Senate Business 2. Progress on Tenure and Promotion Issues 3. Faculty Salaries 4. Classroom Improvements B. Student Government Association 1. Commencement 2. Housing 3. HPE/Rec Center 4. Voter Registration Drives 5/ ? Library Hours of Operation during Dean Week and Finals Week C. Vice President for Alumni Affairs 1. Alumni Affairs Update 2. Mentor Ring Program D. Vice President for University Advancement 1. Planned Giving E. President 1. Nacogdoches/Lufkin Day in Austin (January 28, 2004) 10 2. Round of Texas High School Counselor Breakfast Appreciations (Texarkana on February 13, 2004) 3. University Center Bond Sale on February 18, 2004 at 1:00 p.m. 4. Visit by delegation of University Personnel from Xian, China (February 24-26, 2004 5. Spring Break (March 15-19, 2004) 6. Coordinating Board Meeting (April 22 & 23, 2004) 7. Answer Questions from Members of the Board of Regents F. Athletic rivalry traditions - Eva Pack, Jim Corbin, and Jim Conditt G. Board Committees - Chair Kenneth James made the following appointments: Executive Committee Kenneth James, Chair Lyn Stevens, Vice Chair Fred Wulf, Secretary Academic and Student Affairs Committee Margarita de la Garza-Grahm, Chair Kenneth James Paul Pond Buildings and Grounds Committee Mike Wilhite, Chair Gary Lopez Joe Max Green Finance Committee Fred Wulf, Chair Lyn Stevens Valerie Ertz Nominating Committee Lyn Stevens, Chair Gary Lopez Margarita de la Garza-Grahm Meeting adjourned at 3:15 pm. 11 Appendix No, 1 REGULAR MEETING OF THE BOARD OF TRUSTEES Nacogdoches Independent School District DATE: December 18, 2003 TIME: 6:00 p.m. PLACE: NISD Board Room, 511 South University Drive, Nacogdoches, Texas PRESENT: Board Members: President Richard Fischer, Vice President Almarie Henderson, Secretary Phil Mahar, Rex Humphreys, Duncan Rogde, and Tony Thompson were present. Board Member Jay Knott was unable to attend the meeting. Administrative Staff: Superintendent Tony Riehl, Peggy Cox, Ray Glynn, G.W. Neal, Charles Langlotz, Liz Ballenger, Rachel Johnson, Delinda Neal, Debbie Walker, Donna Brown, Ross Holbrook, Michael Martin, Dan Stanley, Julie Davis, Logan Fans, Shelton Jones, Tina Bobbin, Margo Russell, Kathi Stalnaker, Pam Alexander, Trudy Hay. Malinda Lindsey, Debbie Grubbs, and Connie Reed. Guests Signing the Register: Jennifer Vose of The Daily Sentinel, Kitty Jones, Jana McCall, Miles McCali, Marsha Blount, Russell Lawrence, Judy Poe, Jan Lawrence, Lois Fitch, Jana Burrows, Katherne Wbitbeck, Ramiro Mendiola, Anita Hutson, Keith Christopher, Penny Home, Farshid Niroumand, Susie Porter, Jackie Cox, John Donihoo, Kristi Caldwell, Greg Caldwell, Donna Christopher, David Beesan, Dana Henson, Brenda Drewery, Pamela Williams, Tom Davis, Doug Stevens, Tanimie Stevens, Martha Forney, Cheryl Bartlett, Sandra Putnick, Lauree Hayes, Becky Griffith, Felicia Henderson, Nancy Davis, Steve Conroy, Kathy Conroy, and Kenneth Cotter. 1. Opening Items 1.1 Call to Order, Legal Notice of Meeting, Invocation, Pledge of Allegiance President Fischer called the meeting to order at 6:00 p.m. Legal notice had been posted. Rex Humphreys gave the invocation. Tony Riehl led the Pledge of Allegiance. 2 • Open Forum No guests requested to address the Board. 3«, Recognition 3.1 Recognition - NISD Employees Retirements Plaques were presented to the following retiring employees recognizing them for their years of sendee to NISD: Name Donna J. Christopher Maijorie Nelle Cueni Brenda F. Drewery Lois S. Fitch Dona G. Fowler Reba A. Fuller Gloria Jean Gresham Maye F. Hani Anita J. Hutson Russell N. Lawrence Assignhient Science - Nacogdoches H.S. Librarian - Carpenter Elementary Print Shop Operator Counselor - Nacogdoches H.S. Second Grade - Carpenter Elementary Secretary to Dir. Of CATE Exec. Director of Instruction English - Nacogdoches H.S. Clerical Aide - Band - Nacogdoches H.S Industrial Tech - Nacogdoches H.S. Years With NISD 29 14 28 20 13 20 26 18 4 19 12 Board Meeting, December 18, 2003 Page 3 bring to their attention. These are not items on which action can be taken, but simply an opportunity to provide information to the members of the Board. At each Board Member's place was an invitation from Marsha Blount, Art Teacher at Nacogdoches High School, for a student Art Show in January and a copy of the group picture of Board Members and Superintendent Riehl. 5 . Consent Agenda President Fischer requested Board Members who wished to discuss any item on the Consent Agenda to please indicate the agenda number and it would be set aside for discussion at the appropriate time. COiNSENT AGENDA MOTION: Upon a motion by Tony Thompson and second by Almarie Henderson, the Board unanimously approved the Consent Agenda as presented. 5-1 Consideration - Approval of Board Meeting Minutes Consent Agenda - Action Item - The Board unanimously approved, as presented, the minutes for the Regular Board Meeting held November 20, 2003. 5.2 Report/Consideration - Information From Business Office on School District Operations Consent Agenda - Action Item - The Board unanimously approved the payment of bills as presented and reviewed standard reports prepared by the Business Office. 5.3 Consideration - Approval to Close District Bank Accounts Consent Agenda - Action Item - The Board unanimously approved the closure of the following bank accounts which are no longer needed: The Health Trust bank account at Regions Bank. The District no longer has a self-funded Health Insurance Trust Plan and the balance in the account is zero. The Section 125 bank account established last year under AFLAC at the Columbus Bank in Columbus, GA. Since it is an out-of-state bank, the account should be closed as soon as possible after it reaches a zero balance, which will be in January 2004. 5.4 Consideration - Annual Approval to Continue NISD/SFASU Charter School And To Add Fifth Grade for the 2004/2005 School Year Consent Agenda - Action Item - The Board unanimously approved the Superintendent's recommendation to continue the NISD/SFASU Charter School Program for the 2003/2004 school year, and for the Charter School Governance Council to include the addition of fifth grade in preparation for the 2004/2005 school year. 5.5 Consideration - Approval of Amendments to the NISD Gifted and Talented Plan Consent Agenda - Action Item - The Board unanimously approved amendments to the NISD Gifted and Talented Plan as presented. (A copy of the plan will be included in the Official Minute Book.) 5.6 Consideration - Approval of Career and Technology Education Courses at NHS Consent Agenda - Action Item - The Board unanimously approved the addition of the following new Career and Technology courses to the Nacogdoches High School curriculum: 13 Board Meeting, December 18, 2003 Page 1 At 8:20 p.m., the Board reconvened into open session. MOTION: Phil Mahar moved to affirm the Administration's decisions on the complaint filed by Kathy Conroy. Duncan Rodge seconded the motion. Motion carried unanimously with all six Board Members voting in favor of the motion. President Fischer stated the decision of the Board is final and is not subject to rehearing. The hearing concluded at 8:23 p.m. 7. Executive or Closed Session Agenda The Board did not enter into Executive/Closed Session for any agenda item other than as stated in Agenda Item 6.5- Consideration of Kathy Conroy Level HI Complaint (Texas Gov't Code Section 551.082 - Employee/Employee Complaint). 8 . Action On Item Discussed in Executive Session No action taken by the Board other than in Agenda Item 6.5 - Consideration of Kathy Conroy Level III Complaint (Texas Gov't Code Section 551.082 - Employee/Employee Complaint). MOTION TO ADJOURN: There being no further business, Board Member Rex Humphreys moved to adjourn at 8:24 p.m. Richard Fischer, Board President Phil Mahar, Board Secretary 14 Appendix No. 2 BOARD OF REGENTS OF STEPHEN F, AUSTIN STATE UNIVERSITY Nacogdoches, Texas RESOLUTION APPROVING FINANCIAL INSTITUTIONS AND BROKERS FOR INVESTMENT TRANSACTIONS WHEREAS, The Texas Public Funds Investment Act requires the University to submit a resolution approving a list of qualified investment brokers to the governing body of the institution for adoption and/or review; and WHEREAS, the following firms are approved investment brokers: Merrill Lynch, Inc. Neuberger Berman Fayez Sarofim & Co. John A. Levin & Co Lazard Asset Management Franklin Private Client Group, Inc. MLIM L.P. Relative Value Furman Selz Capital NFJ Investment/PIMCO Allianz WHEREAS, the following firms are approved financial institutions: Citizen's First Bank Commercial Bank of Texas First Bank and Trust East Texas Bancorp South Fredonia Region's Bank Stone Fort Texas Bank NOW THEREFORE BE IT RESOLVED that the Stephen F. Austin State University Board of Regents, by the issuance of this Resolution, does hereby approve the above listed firms for investment transactions by Stephen F. Austin State University; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of the February 4, 2004 meeting of the Board. THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY Kenneth James, Chair Fred Wulf, Secretary 15 Appendix No. 3 DRAFT Stephen F. Austin State University Standards of Conduct for Financial Advisors January 1,2004 Stephen F. Austin State University by rule of the Board of Regents, adopts rules of conduct for financial advisors as presented. All entities who provide or offer to provide financial advisory services to Stephen F. Austin State University must abide by the following standards of conduct: 1. Each financial organization must engage in and promote honest and ethical conduct, including the ethical handling of actual or apparent conflicts of interest between personal and professional relationships; 2. Comply fully with the requirements of the Texas Public Funds Investment Act, Texas Government Code, Chapter 2256 as delineated in the University's Operating Funds Investment Policy regarding the investment or investment management of state funds; 3. Acknowledge in writing that the financial organization offering to engage in investment advisory services has read and agrees to comply with the requirements of the University's operating and endowment investment policies; 4. Immediately disclose any information to the University of any industry related or investment management problems or concerns that might adversely impact the reasonable performance of the University's funds; 5. Immediately disclose any change in the key personnel within the organization that provides financial advisory services to the University; 6. Provide investment advisory, management, and broker services in accordance with the highest standards of financial industry professionalism and accountability. 16 Appendix No. 4 Interagency Contract for Services THIS CONTRACT is entered into by and between the Contracting parties as stated below, pursuant to the authority granted and in compliance with the provisions of "The Interagency Cooperation Act," Texas Government Code, Ch.771. CONTRACTING PARTIES: The Receiving Agency: Stephen F. Austin State University P.O.Box 13012 Nacogdoches, TX 75962 The Performing Agency: Texas A&M University-Corpus Christi 6300 Ocean Drive Corpus Christi, TX 78412 II. STATEMENT OF SERVICES TO BE PERFORMED: Texas A&M University-Corpus Christi will perform the services as Assignee as, described in the Third Amendment to 2002 Master Software License, Services and Maintenance Agreement by and between State of Texas, acting by and through The Department of Information Resources, Texas A&M University-Corpus Christi, and SCT Software & Resource Management Corporation dated effective June 9, 2003 attached and entitled the Third Amendment to 2002 Master Software License, Services and Maintenance Agreement, (hereinafter referred to as "the Agreement"). in JThe Agreement" describes the Texas Connection Consortium or TCC. The Receiving Party may be referred to i "the Agreement" as a TCC Member; the participating institutions may be collectively referred to as the TCC membership. III. BASIS FOR CALCULATING REIMBURSABLE COSTS: The Receiving Party may receive products, maintenance and technical support services through this agreement as the rates set forth in "the Agreement". ° IV. CONTRACT AMOUNT: The total amount of this Contract shall not exceed: Three hundred seventy thousand, four hundred twenty three dollars, ($370423.04). The purchase of additional software licenses and associated maintenance fees during the term of this agreement will be added to the contract amount and billed by the Performing Party. Texas Connection Consortium, Interagency Contract for Services Stephen F. Austin State University i 7 Fiscal \ ear September 1,2003 to August 31,2004, ' ■ y 1/ V. PAYMENT FOR SERVICES: electron* transactions, payable to Performing Agency dra™ by lhe Receivi"8 AS=™y. or thresh P°*™d Sba" bC Mkd a""»al" - »P°» P'~, of an order for addition,, software ,„„ the m. %2%««I" * * «— appropriation itemsCs, or accoUn,(s, from lvhih VI. TERM OF CONTRACT: This Contract is to be»i THE UNDERSIGNED CONTRACTING authorized for activities that ^^^ Government, and (2) the services, L^T^ Const,tut,on of Texas to be supp.ied under c'ontralt ** to for the affected agencies estate ti 21 °f A^ XVI of the services by authority granted in the ^ The undersigned parties bind themselves to the faithful performance of this contract. RECEIVING AGENCY Stephen F. Austin State University P.O. Box 13012 Nacogdoches, TX 75962 PERFORMING AGENCY Texas A&M University-Corpus Christi 6300 Ocean Drive Corpus Christi, TX 78412 By:. Authorized Signature Mr. Bill Wagner Director, Information Technology Services Date: e-mail: bwagner@sfasu.edu unsortium> Interagcncy Contract for Sen ices tember 1, 2003 to August 31, 2004. Kathryn Funk-Baxter, Asst. Vice-President and Comptroller Date: October 20, 2003 e"maiI: Stephc- F. Austin State Universi ity 18 EXHIBIT A SCHEDULE OF SERVICES TO BE PERFORMED The Department of Information Resources (DIR) has entered into a "Software License and Services Agreement" with SCT Software & Resource Management Corporation (SCT) with an effective date of June 30, 1995, and a "Technical Currency/Software Maintenance Agreement for Existing Software, Initial License, and Optional License" of even date therewith (collectively referred to as the SCT Contract). Under the SCT Contract, SCT has granted to DIR, for the benefit of certain educational institutions (the Institutions), a perpetual, non-transferable, non-exclusive license to the Licensed Software described therein. The Licensed Software consists of those products that, at the time in question, SCT makes available for licensure to DIR, and includes, without limitation, the BANNER 2000 and the Plus 2000 application software series. The SCT Contract permits DIR and the Institutions to use the Licensed Software, including the source code, on a perpetual, nontransferable, non-exclusive basis, with certain other conditions and restrictions. In addition to the license, the SCT Contract obligates SCT to provide certain services to the Institutions, including technical currency and maintenance services, and to establish a Centralized Support Services Operation for an initial term of seven (7) years with an initial staffing of four (4) full-time employees. By means of a separate agreement, DIR and the participating Institutions sh^ll form a governing board (the Board) that will perform certain strategic functions in connection with the administration of the SCT Contract, including, among others, Contract Administration, Fiscal Management, Planning, and prioritization of conflicting task requests submitted to the Centralized Services Support Operation. All requests for specific Centralized Support Services shall be made to DIR and communicated by DIR to SCT after approval by the Board. The Board will prioritize specific task requests and mediate any conflicts between or among Institutions with respect to utilization of the Centralized Support Services Operation. By signing this agreement, the Receiving Party acknowledges that the Board shall have the authority to resolve disputes regarding the Texas Connection Consortium program, and the Receiving Party therefore agrees to accept the decisions of the Board to the extent such decisions may affect its interests in the program. Payment for the initial license and/or continuing of the Licenses shall be made to DJR upon execution of this agreement. The amount of such payment shall be based on the applicable discount of SCT software and time of purchase but not less than 30% of the list price license fee for the applicable software as of the effective date of the SCT Contract. Payment(s) for optional licenses of the Licensed Software that are obtained no later than August 31, 1999 shall be made to DIR at the time of purchase of the applicable licenses. Additional maintenance purchased shall be pro-rated based on purchase price x 15% multiplied by the remaining months in the contract year divided by 12. Payment for technical support center and maintenance services shall be made to DIR on an annual basis. Payment for the first year of such services shall be made upon execution of this agreement. 19 Fees for such services shall be as set forth in the SCT Contract. Such fees are stated in aggregate amounts and shall be prorated among the participating Institutions by DIR and the consortium board. Such fees are subject to an annual adjustment under the terms of the SCT Contract. SCT will not increase maintenance more than three percent (3%) per year during the first seven (7) years of the SCT Contract, and shall not increase more than seven percent (7%) per year during the three (3) years following the expiration of the initial 7-year term. DIR shall forward to SCT all payments received, minus any deductions for payment of the administrative fee described below. Payment must be made no later than thirty (30) days after the date the Receiving Party received the ITV or voucher from DIR; late payments shall be subject to an additional charge to be determined by the Board. Payment for Technical Support Services provided by SCT shall be made to DIR on an annual basis. Payment for the first year of such services shall be made upon execution of this agreement. Fees shall be as set forth in the SCT Contract. Such fees are stated in aggregate amounts and shall be prorated among the participating Institutions by DIR and the consortium board. Such fees are subject to an annual cost-of-living adjustment of five percent (5%) per year under the terms of the SCT Contract. DIR shall forward to SCT all payments received, minus any deductions for payment of the administrative fee described below. Payment must be made no later than thirty (30) days after the date the Receiving Party received the ITV or voucher from DIR; late payments shall be subject to an additional charge to be determined by the Board. Implementation/support fees shall be at the rates specified in the SCT Contract. The SCT Contract also requires the payment of other expenses, including travel expenses, as may be incurred by an Institution during the term of the SCT Contract. Implementation/support fees and other expenses shall be paid directly to SCT by each participating Institution. As consideration for the services performed under this contract, DIR shall charge an administrative fee negotiated with consortium board calculated to recover the cost of negotiating, drafting and administering the SCT Contract and this contract. Recognizing that DIR must recover direct and overhead cost associated with the management of SCT Contract, the initial mechanism for recovery was established through the Texas Connection Contracts. These contracts called for a 5% recovery on the software license fees paid by the members and a 5% recovery on annual software maintenance fees and other fees obtained from SCT by the Members under the SCT Contract. Additionally, an annual 5% increase from this base has been agreed to by the current principals. Such administrative fees shall be deducted from amounts collected from the Receiving Party for the payment of license and services fees. If any amounts are collected by DIR in excess of its costs, such excess amounts shall be tendered to the Board, which shall have full discretion regarding the use of such funds; PROVIDED, HOWEVER, the Board shall ensure that all such sums are expended only for legitimate public purposes in connection with the Texas Connection program for the benefit of the participating Institutions. The TCC board will charge a one time fee to all institutions utilizing this contract which will be due and payable to the TCC board through the Department of Information resources. 20 Appendix No. 5 Stephen F. Austin State University Schedule of Budget Changes September 10, 2003 to January 19, 2004 ACTIVITY RECIPIENT INCOME SOURCE TOTAL 142,f422 21 Appendix No. 6 AGREEMENT BETWEEN STEPHEN F, AUSTIN STATE UNIVERSITY AND STEPHEN F. AUSTIN QUARTERJACK CLUB 1. PARTIES 1.1 Stephen F. Austin State University (the "University") is an agency of the State of Texas, organized and existing under Chapter 101, Texas Education code, as an institution of higher education located in Nacogdoches, Texas. The governing body of the University is the Board of Regents (collectively, the "Regents"). 1.2 Stephen F. Austin QuarterJack Club (the "Club") is a non-profit corporation under the laws of the State of Texas for the sole purpose of supporting the intercollegiate football program of the University. The governing body of the Club is its Board of Directors (collectively, the "Directors"). 2. PURPOSE 2.1 The Club is a private support organization as defined in Chapter 2255 of the Texas Government Code. 2.2 The University is a state agency as defined in Chapter 2255 of the Texas Government Code. 2.3 The parties are entering into this agreement for the purpose of defining the relationship between them pursuant to Chapter 2255 of the Texas Government Code, and to implement the policy (D-25.5) of the Regents governing the University's relationship with private support organizations. 2.4 While this agreement is in effect, the University recognizes the Club as existing solely for the support of the intercollegiate football program of the University. The parties agree that the Club is a necessary and beneficial component of the University's overall program for university advancement and exists solely to receive, hold, manage and control gifts, grants or acquisitions that benefit the intercollegiate football program of the University. 3. TERM 3.1 Provided the Club has first executed this agreement, this agreement is effective upon its approval by the Regents. 22 Agreement between Stephen F. Austin State University and Stephen F. Austin Quarterjack Club Page 2 3.2 This agreement will continue in effect until terminated. Either party may terminate this agreement by giving ninety days' written notice to the other party. Notwithstanding anything to the contrary, this agreement shall automatically terminate should the Club's 501(c)(3) status be terminated by the IRS. 3.3 Any violation, knowingly or without regard for same by the Club or any member of the Club, of a rule or regulation of the NCAA, Southland Conference, or Stephen F. Austin State University will result in immediate termination of this agreement, resulting in disassociation procedures by Stephen F. Austin State University. 4. ORGANIZATION OF THE CLUB 4.1 The direction and management of the affairs of the Club and the control and disposition of its assets shall be vested in a Board of Directors which shall be governed by its Bylaws. 4.2 The Athletic Director of the University may serve as an ex officio, non-voting member of the Board of Directors. 4.3 The officers of the Club shall be a President, a Vice President, and a Secretary/Treasurer. 5. USE OF UNIVERSITY PERSONNEL AND SPACE BY THE CLUB 5.1 The University may provide personnel as necessary in the determination of the Athletic Director of the University for the support of the Club's business activities. 5.2 The University may provide office space, equipment, and supplies as necessary in the determination o the Athletic Director of the University for the Club to carry out its responsibilities and activities. 23 Agreement between Stephen F. Austin State University and Stephen F. Austin Quarterjack Club Page 3 5.3 The personnel services, office space, equipment, and supplies provided by the University under this agreement shall be made without charge to the Club. 5.4 Since all funds of the Club are transferred to intercollegiate football accounts within the University, there will be no compensation of University personnel for their services to the Club 5.5 Any conflict between University employees' fiduciary responsibilities to either the University or the Club will be resolved in favor of the University. 6. CLUB INVESTMENTS AND RECORD-KEEPING 6.1 All operating funds belonging or entrusted to the Club that remain unused at the end of each fiscal year shall be transferred to intercollegiate football accounts within the University in'accordance with the general or specific purposes stipulated by the donors, grantors or testators or, in the absence of such stipulations, for such uses in support if intercollegiate football at Stephen F. Austin State University as may be determined by the Club's Board of Directors. 6.2 The Club, upon University's request, shall have or cause to be performed an independent, external audit of its records and operations. 7. FUND RAISING EFFORTS OF THE CLUB 7.1 The coordination of the Club's fundraising efforts/activities shall be through the Athletic Director of Stephen F. Austin State University or other authorized representative of the Stephen F. Austin State University athletic program in accordance with all University fund raising procedures. 24 Agreement between Stephen F. Austin State University and Stephen F. Austin Quarterjack Club Page 4 7.2 The Stephen F. Austin Quarterjack Club is authorized to do the % following: (1) To receive, hold, manage and control gifts and grants in support of the intercollegiate football program at Stephen F. Austin State University. (2) To transfer into University intercollegiate football accounts all or any part of the gifts and grants received in accordance with the general or specific purposes stipulated by the donors, grantors or testators or, in the absence of such stipulations, for such purposes as may be determined by the Board of Directors. (3) Write checks and disburse funds to discharge the Club's obligations. However, funds may not be drawn from the Club or its accounts for any amount without review and approval by the Athletic Director of Stephen F. Alistin State University or other authorized representative of the Stephen F. Austin State University athletic program. In addition, funds may not be used or disbursed by the Club that would violate any law of the State of Texas or could violate any rule or regulation of the NCAA, Southland Conference, or Stephen F. Austin State University. 7.3 The Athletic Department, through the Office of University Advancement, shall maintain all donor lists, files, and gift records, and will coordinate all donor recognition activities. 25 Agreement between Stephen F. Austin State University and Stephen F. Austin Quarterjack Club Page 4 Chair Date Stephen F. Austin State University Board of Regents President Date Stephen F. Austin State University ^ / Date-' Stephea£j\as1inQuarterjack Club 26 AGREEMENT BETWEEN STEPHEN F. AUSTIN STATE UNIVERSITY AND STEPHEN F. AUSTIN TIP-IN CLUB 1. PARTIES 1.1 Stephen F. Austin State University (the "University") is an agency of the State of Texas, organized and existing under Chapter 101, Texas Education code, as an institution of higher education located in Nacogdoches, Texas. The governing body of the University is the Board of Regents (collectively, the "Regents"). 1.2 Stephen F. Austin Tip-In Club (the "Club") is a non-profit corporation under the laws of the State of Texas for the sole purpose of supporting the intercollegiate men's basketball program of the University. The governing body of the Club is its Board of Directors (collectively, the "Directors"). 2. PURPOSE 2.1 The Club is a private support organization as defined in Chapter 2255 of the Texas Government Code. 2.2 The University is a state agency as defined in Chapter 2255 of the Texas Government Code. 2.3 The parties are entering into this agreement for the purpose of defining the relationship between them pursuant to Chapter 2255 of the Texas Government Code, and to implement the policy (D-25.5) of the Regents governing the University's relationship with private support organizations. 2.4 While this agreement is in effect, the University recognizes the Club as existing solely for the support of the intercollegiate men's basketball program of the University. The parties agree that the Club is a necessary and beneficial component of the University's overall program for university advancement and exists solely to receive, hold, manage and control gifts, grants or acquisitions that benefit the intercollegiate men's basketball program of the University. 3. TERM 27 Agreement between Stephen F. Austin State University and Stephen F. Austin Tip-In Club Page 2 3.1 Provided the Club has first executed this agreement, this agreement is effective upon its approval by the Regents. 3.2 This agreement will continue in effect until terminated. Either party may terminate this agreement by giving ninety days1 written notice to the other party. Notwithstanding anything to the contrary, this agreement shall automatically terminate should the Club's 501(c)(3) status be terminated by the IRS. 3.3 Any violation, knowingly or without regard for same by the Club or any member of the Club, of a rule or regulation of the NCAA, Southland Conference, or Stephen F. Austin State University will result in immediate termination of this agreement, resulting in disassociation procedures by Stephen F. Austin State University. 4. ORGANIZATION OF THE CLUB 4.1 The direction and management of the affairs of the Club and the control and disposition of its assets shall be vested in a Board of Directors which shall be governed by its Bylaws. 4.2 The Athletic Director of the University may serve as an ex officio, non-voting member of the Board of Directors. 4.3 The officers of the Club shall be a President, a Vice President, and a Secretary/Treasurer. 5. USE OF UNIVERSITY PERSONNEL AND SPACE BY THE CLUB 5.1 The University may provide personnel as necessary in the determination of the Athletic Director of the University for the support of the Club's business activities. 5.2 The University may provide office space, equipment, and supplies as necessary in the determination o the Athletic Director of the University for the Club to carry out its responsibilities and activities. 28 Agreement between Stephen F. Austin State University and Stephen F. Austin Tip-In Club Page 3 5.3 The personnel services, office space, equipment, and supplies provided by the University under this agreement shall be made without charge to the Club. 5.4 Since all funds of the Club are transferred to intercollegiate men's basketball accounts within the University, there will be no compensation of University personnel for their services to the Club 5.5 Any conflict between University employees' fiduciary responsibilities to either the University or the Club will be resolved in favor of the University. 6. CLUB INVESTMENTS AND RECORD-KEEPING 6.1 All operating funds belonging or entrusted to the Club that remain unused at the end of each fiscal year shall be transferred to intercollegiate men's basketball accounts within the University in accordance with the general or specific purposes stipulated by the donors, grantors or testators or, in the absence of such stipulations, for such uses in support if intercollegiate men's basketball at Stephen F. Austin State University as may be determined by the Club's Board of Directors. 6.2 The Club, upon University's request, shall have or cause to be performed an independent, external audit of its records and operations. 7. FUND RAISING EFFORTS OF THE CLUB 7.1 The coordination of the Club's fundraising efforts/activities shall be through the Athletic Director of Stephen F. Austin State University or other authorized representative of the Stephen F. Austin State University athletic program in accordance with all University fund raising procedures. 29 Agreement between Stephen F. Austin State University and Stephen F. Austin Tip-In Club Page 4 7.2 The Stephen F. Austin Tip-In Club is authorized to do the following: (1) To receive, hold, manage and control gifts and grants in support of the intercollegiate men's basketball program at Stephen F. Austin State University. (2) To transfer into University intercollegiate men's basketball accounts all or any part of the gifts and grants received in accordance with the general or specific purposes stipulated by the donors, grantors or testators or, in the absence of such stipulations, for such purposes as may be determined by the Board of Directors. (3) Write checks and disburse funds to discharge the Club's obligations. However, funds may not be drawn from the Club or its accounts for any amount without review and approval by the Athletic Director of Stephen F. Austin State University or other authorized representative of the Stephen F. Austin State University athletic program. In addition, funds may not be used or disbursed by the Club that would violate any law of the State of Texas or could violate any rule or regulation of the NCAA, Southland Conference, or Stephen F. Austin State University. 7.3 The Athletic Department, through the Office of University Advancement, shall maintain all donor lists, files, and gift records, and will coordinate all donor recognition activities. 30 Agreement between Stephen F. Austin State University and Stephen F. Austin Tip-In Club Page 4 Chair Date Stephen F. Austin State University Board of Regents President Date Stephen F. Austin State University President Date Stephen F. Austin Tip-In Club 31 Private Support Organizations or Donors D-25.5 Original Implementation: July 9, 1991 Last Revision: January 19, 1999 Pursuant to Chapter 2255 of the Texas Government Code, the University will recognize only those private support organizations that meet the requirements of this policy as being formed and designated to further the purposes and duties of the University. Any organization or donor (whether existing as a corporation or as an unincorporated association) which is formed to further the purposes and duties of the University must enter into a written agreement with the University, approved by the Board. If the Board declines to enter into such an agreement, the private support organization or donor is deemed not to further the purposes and duties of the University, and the Board expressly forbids the use of the name, property, or employees of the University in any actions or activities on the part of the private support organization or donor. The agreement will address and govern all aspects of conduct of the University and its employees in the relationship between the private support organization or donor and the University and its employees including, but not limited to, the following: A. Administration and investment of funds received by the organization for the benefit of the University; B. Use of an employee or property of the University by thp donor or organization; C. Service by an officer or employee of the University as an officer or director of the donor or organization; and D. Monetary enrichment of an officer or employee of the University by the donor or organization; Nothing in this policy requires that the University include only the above provisions as subject matter in the agreement between the University and the private support organization or donor. The Board has the responsibility to enter into that form of agreement which the Board, in the exercise of its statutory authority, determines is in the best interest of the University. Neither this policy nor any agreement entered into by the University may conflict or supersede a requirement of a state or federal statute regulating the conduct of a University employee or regulating the policies and procedures of the University. Source of Authority: Board of Regents Cross Reference: None Contact for Revision: President Forms: None 32 Appendix No. 7 BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY Nacogdoches, Texas RESOLUTION TO ACKNOWLEDGE REVIEW OF INVESTMENT POLICY AND STRATEGY WHEREAS, The Texas Public Funds Investment Act requires that each University's investment policy and strategy must be annually reviewed by the governing board of the institution; and WHEREAS, the law also requires the governing body to adopt a written instrument stating that is has reviewed the investment policy and strategy; NOW THEREFORE BE IT RESOLVED that the Stephen F. Austin State University Board of Regents, by the issuance of this Resolution, does hereby approve the investment policy and strategy as reviewed on February 4, 2004; and r BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of the February 4, 2004 meeting of the Board. Attest: Kenneth James, Chair Fred Wulf, Secretary Appendix No. 8 Policies for Board Review February 4, 2004 34 Appendix No. 8 34 Issuance and Control of Campus Keys B-15 Original Implementation: Unpublished Last Revision: July 17, 2001 February 4, 2004 The security of the University is the responsibility of several departments on campus. First, the University Police Department is responsible for the overall campus security. Second, the various department chairs are responsible for their respective areas. Third, the Physical Plant Department is responsible for providing a sound, secure area. A vital part of this system is the Lock and Key System of the University. Other than during normal working hours, all campus buildings will be locked. Faculty and staff may be issued keys to University buildings upon the request of the department head responsible for the building or area of the building. An authorized individual entering or leaving a locked building shall not permit any individual to enter who would not normally be permitted to enter the building during the hours it is locked. An authorized individual may have guests so long as the guests stay in the proximity of the faculty or staff member having the assigned key and the authorized individual assumes full responsibility for their presence. An individual entering or leaving a locked building shall be responsible for securing the door and may be held liable for any loss or damage to University property resulting from failure to do so. Each department head will be responsible for the issuance of keys to the employees in their area of responsibility and will be responsible for the level of security in that area. The Physical Plant will only issue keys to individuals at the written request of the department head. It will be the responsibility of the department chair of each area to maintain a record of who has been issued keys and to collect keys from departing employees. Master keys will only be issued when a signed request is received from the department chair and if there is any question about the requests, a verbal check with the department chair will be made. Physical Plant will make keys based on a written request but will not deliver keys through the mail. Departments may pick the keys up in plant or a locksmith will deliver the keys. The charge for making a key is $1 if picked up in plant. An additional delivery charge will be made for keys delivered to the department. If a key is lost or stolen, it should be immediately reported to both Physical Plant and to the University Police Department. Additional security measures are available and the Physical Plant will work with deans and department chairs to achieve a high level of security if required. Alarm Systems — alarm systems are available to departments through the University Police Department. Physical Plant is not responsible for the installation or maintenance of alarm systems. Physical Plant is responsible for the maintenance and upkeep of doors and locks to campus buildings. However, loss of integrity of lock systems due to loss of keys or inadequate record keeping at the department level is not the responsibility of Physical Plant. Physical Plant will rekey areas at the request of the department responsible, but there will be a charge for this service. University Police Department is responsible for locking and unlocking buildings and for determining the hours that buildings will be open. Requests for special events, schedule changes, etc. should be directed to the University Police Department. Requests for keys are made on a "Key Request" form that must be approved by the department head for the specific area. Requests may be mailed,"walked through," or submitted via the Physical Plant webpage work order. The Lockshop is open from 7:00 a.m. to 4:00 p.m., Monday through Friday. If a locksmith is not in the shop, plant will page a locksmith to return to the shop for immediate service. PI Source of Authority: Vice President for Business Affairs Cross Reference: None Contact for Revision: Director of Physical Plant Department Forms: Key Request (available from Printing Services) Return to Policy & Procedure Main Page P2 Property Transfer and Disposal B-24 Original Implementation: January 1, 1985 Last Revision: April 22. 2003January, 2004 Surplus or salvage property is not to be disposed of in any manner other than those described herein. Disposition of property acquired through Federal or State grants and contracts must respect the terms of the grant or contract under which it was acquired. Surplus Property is defined as any personal property that is in excess of the needs of the department and which is not required for its foreseeable need. Surplus property may be new or used but must have additional useful life. Salvage Property is defined as any personal property which through use, time or accident is so depleted, worn out, damaged, consumed, or outdated that it is obsolete and/or can no longer serve the purpose for which it was originally intended. TRADE-IN OF EQUIPMENT Before declaring property surplus or salvage a department may consider trading in the property on new property of the same general type when such exchanges are in the best interest of the University. Trade-ins must be included in vendor negotiations from the beginning; not added after completion of a contract. The requisition must include the following information about each piece of equipment to be traded in: description, inventory number, approximate age and condition; i.e., poor, good, working, not working, etc. It is the department's responsibility to remove and return the inventory number plate to the Property Manager. Trade-ins are offered "where is, as is, at the State's option" during the bid process. The final decision to trade is made after the bids have been received and an evaluation has been performed by Purchasing and the department. The evaluation must consider 1) the value to the University if the equipment can be utilized in another area for the same or other suitable purposes; 2) the value of the equipment if offered in a public sale. PROPERTY TRANSFERS BETWEEN DEPARTMENTS Property may be transferred from one department to another by the use of the Property Transfer Form (PTF). The form is to be signed by the department head transferring the equipment and by the department head receiving the equipment. After completion, all copies of the form are to be forwarded to the Property Manager. Section I is to be completed by the department transferring the equipment. The form and the physical property are to be forwarded to the department accepting responsibility for the equipment. P3 Section II is to be completed by the department receiving the equipment. Once the department head accepting the equipment signs the form, he/she is accepting responsibility for the care and control of the equipment. The completed form is to be forwarded to the Property Manager. After the transfer is recorded a copy of the PTF will be returned to the department head accepting responsibility for the equipment. Microcomputers transferred between departments for re-use as a microcomputer, whether for connecting to the internet or not, should be confirmed by the ITS Technical Support Group or the department's designated technical representative to insure it meets minimum standards for reliability, performance and compatibility with current versions of software. TRANSFERS TO SURPLUS When equipment is determined to be surplus or salvage and will not be transferred between departments, the department must contact the Property Manager. At the Property Manager's direction the department should complete Section I of the Property Transfer Form (PTF) for a transfer to Surplus. The PTF and equipment are to be delivered to the surplus storage area. The Property Manager may direct the department to provide documentation other than the PTF depending on the disposal action taken. Surplus or salvage property is not to be delivered to the surplus storage area or otherwise disposed of without first contacting the Property Manager. Once an item is declared surplus or salvage, the Property Manager will determine which disposal option best meets the needs of the University. Options for disposal will be considered in the order listed below: 1. re-use on campus through transfer to another department 2. cannibalization for part 3. sell or donate to another state agency 4. posting on the Coordinating Board web-site for purchase by or donation to a public school or school district (instructional materials only, including data processing equipment) 5. donation only to a political subdivision, school district, volunteer fire department or assistance organization classified under 501C 6. all remaining data processing equipment will be transferred to the Texas Department of Criminal Justice 7. all remaining items will be advertised for public sale 8. donation to a private non-profit entity P4 9. discarded TRANSFERS FROM SURPLUS Equipment declared surplus or salvage is available, without cost, for transfer to those departments in need of such equipment. Availability is on a first-come, first-serve basis after screening for the proposed purpose. Inspection of the equipment may be arranged by contacting the Property Manager. Microcomputers transferred from Surplus to departments for re-use as a microcomputer, whether for connecting to the internet or not, should be confirmed by the ITS Technical Support Group or the department's designated technical representative to insure it meets minimum standards for reliability, performance and compatibility with current versions of software. POSTING INSTRUCTIONAL MATERIALS TO THE COORDINATING BOARD WEB SITE All surplus items determined to be "materials or equipment that can be used for instructional purposes" will be posted to the Coordinating Board web site for direct transfer to a public school or school district. Posting may be for consideration or for no consideration as determined by the Property Manager. Disposal options 45-9 can not be considered until "materials or equipment that can be used for instructional purposes" has been posted to the Coordinating Board web site. Postings will be made for a minimum one (1) week. All items posted for one week but not transferred to a public school or school district will be disposed of following disposal options 45-9. If more than one public school or school district seeks to acquire the same property on substantially the same terms, the Property Manager shall give preference to a public school that is considered low-performing by the commissioner of education or to a school district that has a taxable wealth per student that entitles the district to an allotment of state funds under Subchapter F, Chapter 42, Education Code. TRANSFER OF DATA PROCESSING EQUIPMENT TO THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE Computer equipment meeting the definition of "materials or equipment that can be used for instructional purposes" will first be posted to the Coordinating Board web site following established rules. Any data processing equipment not posted and any data processing equipment not transferred to a school district shall be transferred to the Texas Department of Criminal Justice following established rules. P5 Data processing equipment means information technology equipment designed for the automated storage, manipulation, and retrieval of data by electronic or mechanical means. The term includes central processing units, front-end processing units, mini-processors, microprocessors, and related peripheral equipment such as data storage devices, document scanners, data entry equipment, terminal controllers, data terminal equipment, computer-based word processing systems other than memory typewriters, and equipment and systems for computer networks. Data processing equipment will not be disposed of in any manner other than Disposal Options 1-63, 4 and 5 described herein. PUBLIC SALE OF EQUIPMENT The Property manager shall determine prices and conduct a public sale on a regular basis. The Director of Purchasing and Inventory will review all items and sale prices prior to each sale. All sales will be advertised with time for all interested parties to view the items prior to the sale day. The Property Manager shall determine a method of access to the property on sale day which is fair and equitable to all interested parties and which prevents unnecessary traffic on campus by non-University personnel prior to the sale. The Property Manager is not eligible to purchase any item for which he/she has established pricing. No special privileges will be given to any employee or non-employee wishing to purchase surplus items. Proceeds from each sale of surplus property are credited, in the year of the sale, to a revenue category (E&G Surplus Sales or non-E&G Surplus Sales) corresponding to the fund from which the original purchase was made. Source of Authority: Texas Government code, Title 10, Subtitle D, Chapter 2175; Texas Government Code, Title 10, Subtitle B, Section 2054.003(3)(A); President; Vice President for Business Affairs Cross Reference: Property Inventory and Management Policy C-42 Contact for Revision: Director of Purchasing and Inventory Forms: Property Transfer Form (available in Purchasing and Inventory) Return to Policy & Procedure Main Page P6 Work Requests B-32 Original Implementation: December 7, 1987 Last Revision: My-4-7r3004- February 4, 2004 The Physical Plant Department does routine preventive maintenance based on importance, priority and available manpower. Maintenance is performed by the Physical Plant Department in response to requests made by individuals authorized to expend University funds. The Physical Plant Department will respond to the following categories of requests: 1. Routine Maintenance 2. Custodial Service 3. Disposal Service 4. Emergencies 1. Routine Maintenance. These requests should include anything of a normal nature that will not require emergency attention or alter the structure. Such requests include temperature control, minor plumbing or custodial problems, and minor electrical problems. Requests of this nature should be directed to the Physical Plant Department by telephone at 468-3206, fax 468-4446,e-mail, or by submitting a request on the Physical Plant website. The following information should be provided. a. Building name b. Department kc.Date of request cLer— Urgency of request (used to assign a work priority to each request) dre^Exact location of job f er— Detailed description of work needed £g.Person making the request/contact number h. Account number 2. Custodial Services. Requests for custodial services beyond normal cleaning activities by custodial personnel should be directed to the Manager of Custodial Services at 468-3905. 3. Disposal Services. Disposal services are administered through the Special Services Department in the Physical Plant Department at 468-5107. Paper and household garbage of campus residents are picked up regularly. Used building/classroom materials such as lumber, cement, clay, etc., and confidential records which must be destroyed will be picked up by Special Services upon request. 4. Emergencies. These requests, in the opinion of the requester, require immediate action to prevent endangerment of life and property damage. a. Broken water lines (inside or out) b. Utilities off P7 c. Smell of natural gas or burning d. Broken windows e. Commodes overflowing f. Water spills on floors g. Hazardous conditions Emergency requests should be reported immediately to the Physical Plant Department at 468-3206, or to the University Police Department at 468-2608 after normal working hours. Source of Authority: Vice President for Business Affairs Cross Reference: None Contact for Revision: Director of Physical Plant Forms: None Return to Policy & Procedure Main Page P8 Property Liability B-34 Original Implementation: April 22, 2003 Last Revision: None Any University employee entrusted with state property may be held financially liable for lost, damaged and stolen property as outlined in Texas Government Code 403.275. All University employees will be provided required to sign a written document for acknowledgement^ that he/she will from time to time be entrusted with the proper maintenance and safekeeping of State and University property. The Property Liability Acknowledgement form will also declare the employee's understanding that he/she will be held financially responsible for any property determined to be missing or stolen due to employee negligence. A person is financially accountable for any property loss sustained by the state if: (1) agency property disappears, as a result of the failure of the head of an agency, property manager, or agency employee entrusted with the property to exercise reasonable care for its safekeeping; (2) agency property deteriorates as a result of the failure of the head of an agency, property manager, or agency employees entrusted with the property to exercise reasonable care to maintain and service the property; or (3) agency property is damaged or destroyed as a result of an intentional wrongful act or of a negligent act of any state official or employee. If the head of the state agency or property manager has reasonable cause to believe that any property in the agency's possession has been lost, destroyed, or damaged through the negligence of any state official or employee, the head of the agency or property manager shall report the loss, destruction, or damage to the comptroller and the attorney general not later than the date established by the comptroller. If the head of the state agency or property manager has reasonable cause to believe that any property in the agency's possession has been stolen, the head of the agency or property manager shall report the theft to the comptroller, the attorney general, and the appropriate law enforcement agency not later than the date established by the comptroller. The attorney general may investigate any report received. If an investigation by the attorney general reveals that a property loss has been sustained through the negligence of a state official or employee, the attorney general shall make written demand on the official or employee for reimbursement of the loss. P9 If the demand made by the attorney general is refused or disregarded, the attorney general may take legal action to recover the value of the property as the attorney general deems necessary. Venue for all suits instituted under this section against a state official or employee is in a court of appropriate jurisdiction of Travis County. Source of Authority: Texas Government Code Ann. Sec. 403.271 (a) through 403.278; 2203.004; President; Vice President for Business Affairs Cross Reference: Property Transfer and Disposal, Policy B-24; Property Inventory and Management, Policy C-42 Contact for Revision: Director of Purchasing and Inventory Forms: Property Liability Acknowledgement Form Return to Policy & Procedure Main Page P10 Annual Budget Preparation Original Implementation: March 1, 1989 C-2 Last Revision: February 4. 2004January 30. 2001 Preparation of the Annual Operating Budget is coordinated through the office of the Vice President for Business Affairs. Guidelines are established by the President based upon legislative appropriations, student fees and other local income, non-pledged and pledged auxiliary system student fees and other income, available Higher Education Assistance Fund, and estimates of other fund revenues. Guidelines will reflect current legislative appropriation riders in effect and any other legal restrictions. Budgets will be prepared by operating department heads, submitted to the next appropriate level of review, then-to the Vice President in charge of the division, and finally to the President for review, and then to the Board of Regents for final consideration. The schedule for preparation of the budget will be determined by the Vice President for Business Affairs in association with the Presidents Cabinet. Generally the schedule wilt-may allow for Board of Regents review in April on even-numbered years and for review in July for odd-numbered years. Approved budgets will be announced to the University departments through administrative channels following approval of the Board of Regents. All budgets are based on available funds and no expenditures may be made except as provided for in the approved budget or in accordance with changes approved by the Board. SOURCE OF AUTHORITY: Vice President for Business Affairs CROSS REFERENCE: None CONTACT FOR REVISION: Vice President for Business Affairs FORMS: None NOTE: This policy was tabled. It will return to the agenda for review at the April 20 Board Meeting. pn Best Value Procurement C-7 Original Implementation: January, 1988 Last Revision: April 30, 2002January, 2004 PROCUREMENT PROCESSES Stephen F. Austin State University makes purchases, not otherwise delegated through Policy C-10 Delegated Purchasing Authority, goods and services on a best value basis through any of the following processes.including 1) competitive bidding: 2) competitive sealed proposalst-^^afefclog^ or 5) open market contract All purchases completed with state funds must first consider making the purchase from Texas Industries for the Blind and Handicapped (TIBH) as mandated by the state to promote the purchase of goods or services from persons with disabilities. The University may purchase goods or services through competitive sealed bid procedures with the following limits established for solicitations: a. $0 - $5000 Printing - Requires 2 bids when using state funds b. $0 - $5000 All other products and services - Contract negotiation of best value c. $5000.01 - $24,999.99 - Minimum 3 informal bids required; minimum 50% HUB vendors including one woman-owned and one minority-owned d. $25,000 - $49,999.99 - Minimum 5 formal bids required; minimum 50% HUB vendors including one woman-owned and one minority-owned; Texas Marketplace posting required. e. $50,000 - $99,999.99 - Minimum 5 formal bids required; minimum 50% HUB vendors including one woman-owned and one minority-owned; Board of Regents approval required; Texas Marketplace posting required. f. $100,000 and greater - Minimum 5 formal bids required; minimum 50% HUB vendors including one woman-owned and one minority-owned; HUB Subcontracting Plan required; Board of Regents approval required; Texas Marketplace posting required The University may purchase good or services through the process established in Government Code, Title 10, Subtitle D, Subchapter C, Section 2156 for the acquisition of goods and services by the competitive sealed proposal process. a. All competitive sealed proposals shall include an appropriate number of solicitations to be determined by the Purchasing Department, including HUB vendors of any gender and ethnicity when identified as providing the good or service identified. P12 b. $25,000 - $49,999.99 - Texas Marketjja^^^ c. $50,000-$99,999.99 - Board of Regents approval required; Texas Marketplace posting required d. $100.000 and greater - HUB Subcontracting Plan required; Board of Regents approval required; Texas Marketplace posting required The University may purchase goods or services through the process established in Government Code, Title 10, Subtitle D, Subchapter C Section 2157 for the acquisition of automated information systems goods and services by the catalog purchase procedure. Use of this procedure requires the award be made to a Catalog Information Systems Vendor (CISV) as identified by the TBPC. a. $0 - $2000 - Contract negotiation of best value b. $2000.01 - $24,999.99 - Minimum 3 informal price comparisons required; minimum 50% HUB vendors including one woman-owned and one minority-owned c. $25,000 - $49,999.99 - Minimum 5 formal price comparisons required; minimum 50% HUB vendors including one woman-owned and one minority-owned; Texas Marketplace posting required. d. $50,000 - $99,999.99 - Minimum 5 formal price comparisons required; minimum 50% HUB vendors including one woman-owned and one minority-owned; Board of Regents approval required; Texas Marketplace posting required. e. $100,000 and greater - Minimum 5 formal price comparisons required; minimum 50% HUB vendors including one woman-owned and one minority-owned; HUB Subcontracting Plan required; Board of Regents approval required; Texas Marketplace posting required. f. $0 - Up - Catalog purchases may be made directly from a CISV without price comparisons when such purchase is the best value available and is in the state's best interest. HUB Subcontracting Plan and Board of Regents approval requirements still apply based on the dollar amounts above. The University may purchase goods or services through group purchasing programs. a. $50,000 - $99,999.99 - Board of Regents approval required b. $100,000 and greater- HUB Subcontracting Plan required; Board of Regents approval required. P13 The University may purchase goods or services through the open market procedure established in Government Code, Title 10, Subtitle D, Subchapter C, Chapter 2155.082. The University may purchase goods or services through State of Texas Term Contracts, State of Texas Multiple Award Schedules, and DIR/Tex-An Contracts. The University may purchase goods or services through reverse auctions. The University may purchase goods or services through other state agency contracts when such contracts are available and have followed approved purchasing processes. In determining best value, the University shall consider: 1) the purchase price; 2) the reputation of the vendor and of the vendor's goods or services 3) the quality of the vendor's good or services; 4) the extent to which the goods or services meet the University's needs; 5) the vendor's past relationship with the University; 6) the impact on the ability of the University to comply with the laws and rules relating to historically underutilized businesses and to-the procurement of goods and-services from persons with disabilities; 7) the total long term cost to the University of acquiring the vendor's goods or services; 8) any other relevant factor that a private business entity would consider in selecting a vendor; and 9)4he-use-e£fftaterial in ceiisteHe&onor repair-te-feal propei^y-that is single vendor-unless the University provides written justification in the request for bids for use of the unique material specified. The following limits afe-established fei:-eempetitive^d4fflg-ai:^d-eatateg-purchase solicitations ar-$0—up Procurement of goods and services from persons with disabilities (TIBH) must be considered when-using state funds b. $0 $5000 Printing—Requires 2 bids when using state funds er-SQ ■ $5000 All-other products and services—Contract-negotiation of best-value P14 i—$3Sj000—MkamHM^ vendors including one woman-owned and one minority-owned e. $25,000.01 $19,999.99—Minimum 5 formal bids required; minimum 50% HUB venders including ofie-w^efflan-ewHed-af^one minority ov^edt-^Texas-Mar-ketplaee posting required. f. $50,000 $99,999.99 Minimum 5 formal bids required; minimum 50% HUB vendors ffletedmg one woman-owned aRd-^ne-fflieeri^~ewf^t-Boafd-ef Regents approval required; Texas Marketplace posting required. g. $100,000 and greater—Minimum 5 formal bids required; minimum 50% HUB vendors kM^drng-^fte-^wemaft-owned and ane-mifteHty" owned; HUB-Subeontractmg-Plan required; Board of Regents approval required; Texas Marketplace posting required The University may use the process established in Government Code, Title 10, Subtitle D, Subchapter C, Section 2156 for the-aequisition of goods mid sendees by the competitive sealed proposal process a. All competitive sealed proposals shall include HUB vendors of any gender and ethnicity when identified as providing the good or b. Texas Marketplace posting required for all procurement opportunities expected to exceed $25,000. c. All competitive sealed proposals expected to exceed $50,000 require Board of Regents approval. dr-All competitive sealed-proposals expeeted to exceed $100^000 require Beard-of Regents approval and the submission of a HUB Subcontracting Plan. The University may purchase goods or services through group purchasing programs. a. All group purchases exceeding $50,000 require Board of Regents approval: b. All group purchases exceeding $100,000 require Board of Regents approval. EMERGENCY PURCHASES An emergency purchase is defined as the purchase of goods or services that are so badly needed that the agency will suffer financial or operational damage if they are not secured immediately. A procurement may be declared an emergency at the buyer's discretion in consultation with the end user and upon approval by the Director of Purchasing. Declaration of an emergency supercedes all other best value procurement rules. Orders less than $5000 are not considered emergencies. P15 a. $5000.01 and greater - obtain bids, price comparisons or proposals when sufficient time exists utilizing the most effectiveOrders exceeding $5000 should be hid procurement process when sufficient time exists. b^Qfders exceeding-$25,000 and greater - Texas Marketplace posting required if bids. price comparisons or proposals are solicited as noted above and if the buyer determines that value would be added by utilizing the Texas Marketplace, require Texas Marketplace An emergency is defined by the answer to the following questions: is the eme^^fley-and/^^-what-eaHsed-the emergency? b. What financial or operational damage will occur it needs are not satisfied immediately? c. Why could the needs-sot be anticipated so that proper pFeee4wes-em^-be-fellow@4? EXEMPT PURCHASES The following purchases are exempt from competitive bktdmgbest value procurement processes. Submission of a purchase requisition and other rules may apply. (Par Classified Advertising (2)br Hotels and Conference Rooms (3}er Conference Expense; expenses related to conference room services such as audio/visual/network and food services, (does not include goods purchased for attendees or transportation services.) (4}dr Moving Expenses (employee) — See Policy C-21 Moving Expenses (5)er Student Travel; expenses related to student travel [6}£ Library materials for Stephen F. Austin State University Libraries, in accordance with Gov't Code 2155.139, when such exemption represents the best value to the University (7}gr Membership fees and dues (8}hr Newspaper and magazine subscriptions, books, videos and software direct from the publisher h Freight P16 (10)j- Intra-agency payments (1 Dfer Rental of exhibit space; i.e., booths for display purposes £j_2)fflr Goods and services provided by the Texas Industries for the Blind and Handicappedltems for resale (13)bt Internal Repairs (14)ot Purchases from Federal agencies (15)fir Utilities, other than electricity for which SFA chose to opt into deregulation (16)qr Goods and services for thean Organized Activity (Early Childhood Lab, Beef Farm, Dairy Farm, Poultry Farm, Broiler Houses. and_Swine Farm); when the purchase directly affects operations and such exemption represents the best value to the University r. Purchases from other State Agency contracts, when such exemption represents the best value to the University BEST VALUE DETERMINATION In determining best value for all procurement processes except Catalog Purchase Procedure, the University shall consider best value factors identified in Education Code 51.9335. In determining best value for Catalog Purchase Procedures, the University shalll consider best value factors identified in Government Code 2157.003. BID SUBMISSION, BID OPENING, AND TABULATION ar-Bid Submission (1)t Prospective bidders may request specific bid invitations from the Purchasing Department at any time prior to the bid opening; (2)t A bidder may withdraw its bid by written request at any time prior to the bid opening date and hour; (3)t A bid received after the time and date established by the bid invitation is a late bid and will not be considered; (4)t A bid received which does not contain adequate bid identification information on the outside of the envelope will be opened to obtain such information and will then be P17 processed as any other bid. If the incorrect information on the envelope causes the bid not to be considered in making an award, the bid will be considered invalid and rejected; (5)t Bids may be submitted by telefacsimile (fax). The telephone number for fax bid submission will be identified in the solicitation; no other number may be used for bid submission. Bids submitted by fax need not be confirmed in writing, but must comply with all legal requirements applicable to formal bids. If all or any portion of a bid submitted by fax is received late, is illegible, or is otherwise rendered non-responsive due to equipment failure or operator error, the bid or the applicable portion of the bid will not be considered. The university shall not be liable for equipment failure or operator error, nor will such failure or error require other bids to be rejected or the bid invitation to be re-advertised. 6. Bids by telegram are not allowed; )t An unsigned bid is not valid and will be disqualified; £7&}t A bidder or department may request, in person at the bid opening, that bids be read aloud. No bid shall be required to be read aloud at any time other than during regular working hours and days; (89}t When formal bids are required, bids may not be taken or accepted by telephone; (9W> If an error is discovered in a bid invitation, or agency departmental requirements change prior to the opening of a bid, the Purchasing Department will transmit an addendum correcting or changing the specifications to all bidders originally listed on the transmission list for that bid invitation. Bids will not be rejected for failure to return the addendum with the bid, unless otherwise noted, if the ehangereceipt of the addendum is ne^edacknowledged on the face of the bid.-or the product or serviee-specification would not be changed by the addendum; kr-Bid opening and tabulation. (1)t All bid openings conducted by the Purchasing Department shall be open to the public. [2)t Bid opening dates may be changed and bid openings rescheduled if bidders are properly notified in advance of the opening date. (3)t If a bid opening is canceled, all bids which are being held for opening will be returned to the bidders. (4}t All bid tabulation files are available for public inspection. Bid tabulations may be reviewed by any interested person during regular working hours at the offices of the Purchasing Department. Employees of the university are not required to give bid tabulation information by telephone. P18 Source of Authority: Texas Education Code, Chapter 51.93 35(a)—(b); President; Vice President for Business Affairs Cross Reference: Policy D-20.5 Items Requiring Board of Regents Approval, Index-D- 2QS; Policy C-16.5 Historically Underutilized Businesses, Index C 16.5; Policy C-10 Delegated Purchasing Authority Contact for Revision: Director of Purchasing and Inventory Forms: None Return to Policy & Procedure Main Page P19 COMPUTER EQUIPMENT C-8 PURCHASES Original Implementation: December 8, 1987 Last Revision: Jafiuary-3^r-2QQ4 February, 2004 The term "computer-related items" as used in this policy refers to computer-related hardware, software and services. Purchases of computer-related items should be approved through the appropriate administrative channels. It is the responsibility of the department head/account manager to have sufficient knowledge of the purchasing procedures required by the State of Texas for computer-related items when initiating such purchases and to seek the assistance of the Director of Information Technology Services and the Director of Purchasing as needed. Although users are responsible for such purchasing decisions, personnel in the computer center are available for consultation and can help to determine the feasibility of proposed acquisitions as each relates to consistency with the University's long range computing plan and with campus computing resource capabilities, and their effective interface/function with existing campus networks. T As needed, the Purchasing Department will provide the Director of Information Technology Services with a copy of the purchase of computer-related items. This will assist the Director in the preparation of computing reports required by the State of Texas on a regular basis. SOURCE OF AUTHORITY: President CROSS REFERENCE. None CONTACT FOR REVISION: Director of Information Technology Services FORMS: None P20 Delegated Purchasing Authority C-10 Original Implementation: Unpublished Last Revision: October 17, 2002January, 2004 Stephen F. Austin State University adheres to a policy of centralized purchasing for the purposes of: 1. insuring compliance with state and federal laws, rules, and regulations; 2. protecting the University from unauthorized acquisitions of supplies, equipment and services; 3. providing budgetary control and coordination; 4. insuring fair and ethical business practices; and 5. providing savings through consolidation of requirements, standardization of products where appropriate, and competitive bidding. The Purchasing Department, under supervision of the Director of Purchasing and Inventory, has sole authority for the negotiation and purchase of all goods and services for the University with the exception of items listed in-fedex- Policy D-20.5, Items Requiring Board of Regents Approval and the following specific delegations that exist under proper administrative approval. 1. The Manager of the University Bookstore is authorized to purchase books and other general merchandise for resale as required for efficient operation of the store. 2. The Director of the University Libraries is authorized to purchase books, periodicals, journals, and other related materials needed to maintain University resource material collections. 3. The Curator of the Stone Fort Museum is authorized to purchase general merchandise for resale in the museum gift shop. 4. The Physical Plant is authorized to make purchases up to $2000 with pre-assigned requisition numbers for completion by the Purchasing Office with the same number. 5. Account Administrators are authorized to make local purchases of items costing $500 or less through the Local Purchase Authorization procedures. See Local Purchase Authorization, Policy C-20.A. 6. Account Administrators are authorized to make on-line office supply purchases with a requisition # , if a ProCard is not available for the account being used. 7. Employees are authorized to make procurement card purchases of items costing $2000 or less through the Procurement Card procedures. See Procurement Card, Policy C-44. 8. Employees without Procurement Cards or access to LPA's may make purchases approved by the Account Manager, and request reimbursement ONLY when other purchase options are not possible or available. Taxes will not be reimbursed. 9. Employees are authorized to provide to vendors authorized PO numbers issued by the Purchasing office (teiepPhone PO). In most cases the requisition must be entered and approved on-line before the PO# is issued. When determined appropriate by the Purchasing Office, the PO# may be issued without a requisition. In such cases, the requisition must be entered on-line within 24 hours, and referencing the PO#. P21 10. Certain payments may be made by completing a voucher for submission to the Controller's Office. See Policy C-3 U Purchase Voucher, Policy C-31. 11. All other purchases are to be submitted as a formal request for the Purchasing Department to secure a good or service. See Policy C-30, Purchase Requisition^ All official correspondence other than that delegated above; i.e., bids, purchase orders, correction, cancellations, etc. shall be issued by the Purchasing Department. UNAUTHORIZED PURCHASES MADE OUTSIDE OF DELEGATED AUTHORITY Unauthorized purchases, regardless of the dollar amount, present problems for the Purchasing Department, Accounts-Payable, vendors, and-end users. They-er-eate unnecessary work. Also, the individual responsible for the unauthorized purchase may be held personally liable for payment. Any person responsible for initiating an unauthorized pwehase^^onsibility-will-be determined by the Department Head, Dean, and/or Vice President) will be held personally accountable until the transaction is resolved. Resolution options are: A. To submit a letter signed by the individual, department head, dean, AND the Vice President, which must include: -+=—Description of the goods or services purchased; -2;—Reason for making the purchase without proper authority/delegation; and -^—Measures that will be taken to avoid recurrence of an unauthorized purchase in the T| if | lyr* 111 I Hi I*. B. To return goods to the vendor for full credit. The individual may be required to pay s, if any. C. To pay for the goods or services personally from own funds, NOT from University faftdsrUnauthorized purchases are purchases charged to the University without utilizing one of the delegations stated above. The department head/account manager may or may not approve payment from University funds for an unauthorized purchase or any associated late fees. Unauthorized purchases that are approved for payment are to be submitted to the Purchasing Office through the purchase requisition procedure. On-line approval through established department approval structures will constitute approval by the department head/account manager. The department head/account manager approving an unauthorized purchase is responsible to insure that the account used for payment has sufficient funds. The individual making the purchase is responsible to request approval from the department head/account manager and submit the invoice to accounts payable within 30 days of the purchase to avoid mandated payment of late fees. P22 If payment of the unauthorized purchase and/or any late fees is not approved, the individual making the purchase will be responsible foripj^mejQt to the vendor for any portion of the payment due but not approved. Source of Authority: Vice President for Business Affairs Cross Reference: NoeePolicy D-20.5 Items Requiring Board of Regents Approval; Policy C-20.A Local Purchase Authorization; Policy C-30 Purchase Requisition; Policy C-31 Purchase Voucher Contact for Revision: Director of Purchasing and Inventory Forms: Approval of Unauthorized Commitment of University Funds Return to Policy & Procedure Main Page P23 Historically Underutilized Businesses C-16,5 Original Implementation: August 2, 1994 Last Revision: July 25, 2002January, 2004 MISSION The mission of the Stephen F. Austin State University Historically Underutilized Business (HUB) program is to insure that all vendors, including Historically Underutilized Businesses, receive full and equal opportunity to participate in contracting opportunities by encouraging the use of HUBs through race-, ethnic-, and gender-neutral policies. COMMITMENT In accordance with Texas Government Code, Title 10, Subtitle D, Chapter 2161, and 1 Texas Administrative Code section 111.11 through 111.28, Stephen F. Austin State University will make a good faith effort to utilize Historically Underutilized Businesses (HUBs) in contracts for construction, services, including professional and consulting services,, and commodities contracts. The University is committed to making a good faith effort to increase business with HUBs by setting goals that recognize both underutilized and overutilized businesses identified in the State of Texas Disparity Study. The Texas Building and Procurement Commission (TBPC) HUB Rules, 1 TAC 111.11 111.28 encourages the use of HUBs by implementing these policies through race ethnic and gender neutral means. Heavy Construction other than building contracts Underutilized Goals - 6.6% (BL, HI, AS, AI) Overutilized Goals - 5.3% (WO) Building Construction including general contractors and operative builders contracts Underutilized Goals - 25.1% (BL, HI, WO) Overutilized Goals - 1.0% (AS, AI) Special Trade construction contracts Underutilized Goals - 47.0% (BL, HI) Overutilized Goals - 10.2% (AS, AI, WO) Professional Services Contracts Underutilized Goals - 18.1% (BL, HI, WO) Overutilized Goals - 1.9% (AS, AI) Other Services contracts Underutilized Goals - 33.0% (BL, HI. AS, AI, WO) Overutilized Goals - None Commodities contracts Underutilized Goals - 11.5% (BL, HI, WO) Overutilized Goals -1.1% (AS, AI) Al-American Indian; AS-Asian American; BL-Black American; HI-Hispanic American; WO-Woman P24 ADMINISTRATION The Director of Purchasing and Inventory shall serve as the official HUB Coordinator, ensuring full participation in the HUB program by the Purchasing Department and that purchasing policies are written to ensure HUBs have maximum opportunity to participate in all procurement opportunities. The purpose of the HT JR Program in tn promote full and equal business opportunities for all businesses in State contracting in accordance with the goals-speeified in the State-e GOALS In development of a HUB plan in accordance with Texas Government Code, Chapter 2161.123, the University has established the following goals and specific programs. Goal #1 The University's specific goals have been adjusted to eliminate "ovcrutilized" HUB identified in the State of Texas Disparity Study and are as follows.The University will ensure that best value procurement policies regarding solicitations are written to meet or exceed the State's HUB solicitation requirements. Heavy Construction other than building contract Building construction including general contractors and operative builders contracts Special trade construction contracts 47.0% Professional Services contracts Other Services contracts Commodities contracts P25 A.Ar Best value procurement opportunitiesSolicitations over $5,000, but less than $25,000 feyakewill include at least three informal bkksolicitations, including half from certified HUB vendors. BB. Best value procurement opportunitiesSolicitations over $25,000 Fequirewill include at least five formal bidssolicitations, including half from certified HUB vendors. CG. Formal best value procurement opporfaftkiessolicitations will be posted to the Purchasing Department web site. DO. Bes^vakaeiSFeeufem^^ exceeding $25,000 will be posted to the Texas Marketplace. EE. Best value procurement opportunitiesSolicitations $100,000 and greater will require a HUB Subcontracting Plan (HSP) to be submitted as a-required by 1 TAC Section 111.14. See Goal #3. F. Opportunities for subcontractors will be posted on the SFA Purchasing web-site and on the Texas Marketplace, when appropriate and upon request by the construction manager, architect, engineer, etc. Goal #2 The University will pursue various forms of outreach to identify certified and non-certified HUB vendors with which to develop a business relationship. Vendors will be advised of and/or assisted with the State's certification process. A. The University Purchasing Department will host a vendor fair at which vendors across the state will be invited to participate. Vendors will be provided with information regarding how to do business with the University, as well as information about the HUB certification process, and other state rules and guidelines. The University campus, other state agencies, ISO's, and city and county governments will be invited to attend and make procurement opportunities available. HUB vendors will be clearly identified on their company label and in the program. B. The HUB Coordinator and/or Purchasing Department buyers will attend and participate in ethef-economic opportunity forums in the Houston, Dallas and Austin Metroplexes and East Texas. C. The University Purchasing Department will utilize the HUB directory provided by the TBPC on-line when selecting potential suppliers and subcontractors for commodities, services, and construction contracts. P26 D. The HUB Coordinator will anafyze-e-xpe*idite produce a mail piece to target-various groups, i.e. speeifie-service vendors, vendors by city or county, vendors by dollar amount, etc., and notify them of the State's HUB certification process if the HUB Coordinator determines that a mail piece would be beftefieiakwork with the local chamber and other business organizations to present upon request a seminar on how to do business with the University. The seminar will include the University's HUB program and information about the HUB certification process. E. The University Purchasing Department will send a mail piece to all new Texas vendors added to the PRSUniversity's vendor database advising them of the State's HUB certification process. F. The University will host at least one HUB forums per yearas-**eeded-to introduce ^tential HUBs to upcomiung construction and/or renovation projects, in which a HUB vendor is invited to present their business to appropriate procurement personnel from the Purchasing Office as well as end users with delegated purchasing authority. When appropriate, contracted construction managers or architect/engineers will be invited to attend. Goal #3 Stephen F. Austin State University will seek to contract with HUBs indirectly through subcontracting opportunities in accordance with Texas Government Code, eChapter 2161, Subchapter F and Commission HUB Rules, 1 TAC Section 111.14. A. All procurementsSolicitations $100,000 or greater will require the University to prepare the bid document includgmg HUB Subcontracting Plan (HSP) requirements as developed by the HUB Coordinator. Potential biddersRespondents will be required to submit a HUB Subcontracting Plan (HSP) as pfevidedrequired by the bktsolicitation documents in order for the bktresponse to receive consideration. B. Contractors will be forwarded information about the University's mentor-protege program at the time of award of construction contracts. C. The University HUB Subcontracting requirements allow bidders to use a subcontractor with whom they are engaged in a registered mentor-protege agreement in lieu of soliciting other HUB subcontractors. D. Contractors will be advised that the Purchasing office will post subcontracting opportunities on the SFA Purchasing web-site and the Texas Marketplace upon request. Goal #4 P27 The University will establish educational training for personnel making procurement decisions to assure compliance with stated objectives. A. The University Purchasing Department will publish a newsletter which will, from time to time^ includinge HUB information. B. The University Purchasing Department will conduct training seminars for all campus departments advising them of all current purchasing policies and procedures, including HUB good faith effort requirements. C. ProCard training will include an emphasis on the need to make small purchases from HUBs and will include a list of HUB vendors for the most common purchases made with D. Regular training for the use of the on-line requisition system will include an introduction of general purchasing policies and guidelines. This introduction will include information regarding the requirements to make a good faith Purchasing Department will maintain a web-site providing HUB resources for SFA departments. E. The University Purchasing Department will host at least one HUB forum per year in which HUB vendor(s) are invited to present their business to appropriate procurement personnel from the Purchasing Office as well as end users with delegated purchasing authority. Goal #5 The University will gather HUB data to comply with statethe reporting requirements of Texas Government Code, Title 10, Subtitle D, Chapter 2161 and 1 Texas Administrative Code sections 111.11 through 111.28. A. Semi-annual and annual report data will be submitted within the timeframe and in the format required by TBPC. B. Semi-annual and annual reports will be scrutinized closely for correct vendor number data. C. HUB Subcontracting information will be compiled on a monthly basis and reported semi-annually and annually. D. Monthly HUB reports will be submitted to the President of the University providing HUB expenditure data for each vice presidential division. Goal #6 P28 The University will devetopmaintain a program to foster long-term relationships between leaders of mature established companies and emerging minority and women owned companies (that are HUB certified or eligible to be HUB certified) in order for the latter to benefit from the knowledge and experience of the established firms, A. The University offerswill implement a Mentor-Protege program patterned after the TBPC program and in accordance with Government Code 2161.065. B. The University will sign Memorandums of Understanding with organizations such as SCORE and the Angelina Procurement Assistance Center to assist in developing the mentor-protege agreement and analyzing the protege's business plan. C. The University's Mentor-Protege program will be advertised at all HUB Economic Opportunity Forums attended. D. Vendors with whom expenditures of $100,000 or more are recorded annually will receive an annual mailing with information about the University's mentor-protege program requesting that they consider participating. Source of Authority: Board of Regents, President, Vice President for Business Affairs Cross Reference: Texas Government Code, Title 10, Subtitle D, Chapter 2161; and Texas Administrative Code, sections 111.11 through 111.28, Policy C-7 Best Value Procurement Contact for Revision: Director of Purchasing and Inventory/HUB Coordinator Forms: None Return to Policy & Procedure Main Page P29 Investments C-41 Original Implementation: April 30, 1996 Last Revision: July 25, 2002-February 4, 2004 Policy Statement Stephen F. Austin State University invests the public funds in its custody with primary emphasis on the preservation and safety of the principal amount of the investment. Secondarily, investments must be of sufficient liquidity to meet the day to day cash requirements of the University. Finally, the University invests to maximize yield within the two previously indicated standards. All investments within this policy conform to all applicable State statutes and local rules governing the investment of public funds. This policy is promulgated in accord with the Public Funds Investment Act (Government Code, Chapter 2256), related portions of the Texas Education Code, and the applicable portions of H. B. 2459, 74th Texas Legislature. This policy establishes rules for the investment of all University and agency funds except endowment funds. Endowment funds are invested in accordance with separate policy approved by the Board of Regents and are the responsibility of fund managers selected by the Board of Regents. Objectives The foremost objective of all investment decisions shall be safety of principal. All investments must be undertaken with the fiduciary responsibility associated with that of a reasonable and prudent person. Investments must be in accord with Texas law. Investment maturity must be diversified to match the University's liquidity requirements. Investments shall incur no unreasonable risk in order to maximize potential income. Investments shall remain sufficiently liquid to meet all reasonably anticipated operating requirements. Investments may be diversified in order to respond to changing economic and/or market conditions. No investments within the portfolio or investment practices conducted to effect investment activities shall violate the terms of this policy. Authorized Investments NOTE: This policy was tabled. It will return to the agenda for review at the April 20 Board Meeting. P30 All University funds and funds held in trust for others may be invested only in the following securities: A) obligations of the United States of America, its agencies and instrumentalities; B) direct obligations of the State of Texas or its agencies and instrumentalities; C) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States of America, the underlying security for which is guaranteed by an agency or instrumentality of the United States of America; D) other obligations, the principal of and interest on, which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the State of Texas or the United States of America or their agencies and instrumentalities; E) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm of not less that A or its equivalent; F) certificates of deposit issued by a state or national bank or savings and loan association domiciled in Texas that is: 1) guaranteed or insured by the Federal Deposit Insurance Corporation; 2) fully collateralized by obligations described in Authorized Investments section A-E listed above, including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the following nature: a) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgaged-backed security collateral and pays no principal; b) obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest; P31 c) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and d) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. G) fully collateralized repurchase agreements with a definite termination date, secured by obligations described by Authorized Investments section F, requiring the securities being purchased by the entity to be pledged to the entity, held in the entity's name, and deposited at the time the investment is made with the entity or with a third party selected and approved by the entity; and placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state; H) bankers acceptances having a stated maturity of 270 days or fewer from the date of issuance, to be liquidated in full at maturity, eligible for collateral for borrowing from a Federal Reserve bank, and accepted by a bank organized and existing under the laws of the United States of America or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-l or P-l or an equivalent rating by at least one nationally recognized credit rating agency; I) commercial paper that has a stated maturity of 270 days or fewer from the date of its issuance, and is rated not less than A-l or P-l or an equivalent rating by at least two nationally recognized credit rating agencies or one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States of America or any state; J) no-load money market mutual funds regulated by the Securities and Exchange Commission, having a dollar-weighted average stated maturity of 90 days or fewer, and including in their investment objectives the maintenance of a stable net asset value of $1 for each share; K) guaranteed investment contracts conforming to Section 2256.015 of the Government Code; L) investment pools conforming to Section 2256.016 of the Government Code; P32 M) cash management and fixed income funds sponsored by organizations exempt from federal income taxation under Section 501(f), Internal Revenue Code of 1986 (26 U.S.C. Section 501(f)); N) Assets and/or funds reportable within the scope of the University's annual financial report may not be invested in or used to purchase securities, including obligations, of a private corporation or other private business entity that owns 10% or more of a corporation or business entity which records or produces any song, lyrics or other musical work that explicitly describes, glamorizes or advocates: (1) acts of criminal violence, including murder, assault, assault on police officers, sexual assault, and robbery; (2) necrophilia, bestiality, or pedophilia; (3) illegal use of controlled substance; (4) criminal street gang activity; (5) degradation or denigration of females; or (6) violence against a particular sex, race, ethnic group, sexual orientation, or religion. Insurance or Collateral All deposits and investments of University funds other than direct purchase of United States Treasury securities or United States Agency securities and in money market funds invested in U. S. Treasury or Agency securities shall be secured by a pledge of collateral with a market value equal to no less than 100% of the deposits or investments less any amount insured by the FDIC or FSLIC and pursuant to Article 2529d, the Public Funds Collateral Act. Evidence of the pledged collateral associated with bank demand accounts shall be maintained by the University Controller. Evidence of the pledged collateral associated with investments shall be maintained by the Director of Financial Services. Eligible repurchase agreements shall be documented by a specific agreement noting the collateral pledged in each agreement. Collateral shall be reviewed monthly by the Controller and Director of Financial Services to assure the market value of the securities pledged equals or exceeds the related bank and certificates of deposit balances. Pledged collateral shall be maintained for safekeeping by a third party depository. Collateral Defined The University shall accept only the following securities as collateral: P33 A) FDIC and FSLIC insurance coverage; B) United States Treasury, Agency, or Instrumentality securities; C) Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States of America; D) Obligations of states, agencies thereof, counties, cities, and other political subdivisions of any state having been rated as to investment quality by a nationally recognized investment rating firm and having received a rating of no less than A or its equivalent. Investment Strategy All investments will be made in accordance with the University's Investment Policy. Investments may be diversified as needed to provide investment suitability to the University's financial requirements. The preservation and safety of principal is the first priority, however, it is recognized that unrealized losses will occur in a rising interest rate environment, just as unrealized gains will occur during periods of falling interest rates. Investments will be of the type to provide sufficient liquidity and marketability for any operating requirements. The investment portfolio may be diversified with authorized securities to accommodate changing market conditions. However, United States Treasury securities are preferable because of their low risk and high liquidity. An investment decision shall consider yield only after the requirements for principal preservation, liquidity, and marketability have been met. Investments may be categorized and described as: A) Short Term - less than 90 days Funds needed to meet short term operating requirements normally will be invested in either the Texpool investment vehicle managed by the State Treasurer or overnight sweep accounts established with banking institutions. The benchmark is the average three month Treasury Bill yield. B) Intermediate Term - 90 days to one year United States Treasury and Agency securities, United States Agency Discount Notes are the primary investment vehicles. United States Treasury securities are preferable because of their low risk and the ease with which they are traded. The benchmark is 95 percent of the average one-year Treasury Bill yield. C) Long Term - over one year P34 United States Treasury and Agency securities are the primary investment vehicles. Normally, investments are laddered so that most principal is returned over a five year period in increments sufficient to meet anticipated operating and capital needs. The 30 Year Treasury Bond rate is the benchmark for long term funds. D) Maturity The length of time for investments within this policy will vary according to fund type and will be dependent on funding requirements. As a general rule, funds will be invested for the time periods indicated: Current Unrestricted and Restricted 2 days to one year Funds Plant Funds 3 months to 3 years Delegation of Authority The Vice President for Business Affairs (VPBA) of Stephen F. Austin State University is responsible for investment management decisions and activities. The VPBA delegates the day-to-day management of the investment activities to the Director of Financial Services. The VPBA shall be ultimately responsible for all transactions undertaken and shall establish a system of controls (Appendix A) to regulate the activities of officials and staff involved in investment transactions. The VPBA shall develop and maintain written administrative procedures and guidelines for the operation of the investment program which are consistent with and part of this Investment Policy (Appendix B). The VPBA shall be designated as the University's investment officer and is responsible for the duties outlined herein. The name and title of the investment officer shall be filed with the Board of Regents. Changes of name and/or title must be filed with the Board of Regents as they occur. The maximum stated maturity date of any security may not exceed ten years, and the weighted average duration of the portfolio shall not exceed five years without approval by the VPBA and ratification by the Board of Regents. No officer or designee may engage in an investment transaction except as provided under terms of this policy as approved by the Stephen F. Austin State University Board of Regents. Prudence P35 The "prudent person" standard will be used in the investment function and shall be applied in the context of individual transactions as well as management of the overall portfolio. Accordingly, all investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the expected income to be derived. Internal Controls Stephen F. Austin State University has established a system of written internal controls designed to prevent loss of public funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions by employees of the University. These controls are shown in Appendix A of this Investment Policy. These controls are subject to the review of and recommendations from the University's Department of Audit Services' office. Investment Authority The VPBA shall invest only those funds regulated by this policy and shall purchase only those securities authorized by the Authorized Investments section of this policy. Authorized Financial Dealers and Institutions Investment transactions (bids and offers) will occur only between the University and Board authorized broker/dealers. A written copy of the investment policy shall be presented to any person offering to engage in an investment transaction with Stephen F. Austin State University. The qualified representative of the business organization offering to engage in an investment transaction with Stephen F. Austin State University shall execute a written instrument substantially to the effect that the business organization has (a) received and reviewed the investment policy of the University and (b) acknowledges that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the University and the organization that are not authorized by Stephen F. Austin State University's investment policy.. Securities may not be bought from any organization whose representative has not provided the University with the acknowledgment required in the above paragraph. Diversification Investments may be diversified to minimize the risk of loss resulting from unauthorized concentration of assets in a specific maturity, specific issuer, or specific class of securities. The diversification limits by security type and issuer shall be: P36 Category Maximum U. S. Treasury securities and securities having 100% principal and interest guaranteed by the U. S. Government U. S. Government agencies, instrumentalities 50% and government sponsored enterprises (excluding mortgage backed securities) Collateral mortgage backed securities 25% Fully insured or collateralized certificates of 100% deposit Bankers' acceptances 25% Commercial paper 25% Repurchase agreements 100% Registered money market funds 80% Local Government Investment Pool 100% The VPBA and his or her designee may diversify investment maturity. To the extent possible, investment maturity will be matched with anticipated cash flow requirements. Matching maturity and cash flow requirements will minimize occasions for sale of securities prior to maturity, thereby reducing market risk. However, no provision of this policy shall be interpreted as prohibiting the sale of any security prior to maturity, provided that it is in the University's financial interest to effect the sale. The weighted average maturity of the entire portfolio shall be maintained at no more than 10 years and shall be reported quarterly to the Board of Regents. Pooled fund groups eligible for University investment shall have a maximum weighted average maturity of 10 years. Safekeeping and Collateralization All securities transactions, including collateral for repurchase agreements, but excluding mutual funds and investment pools, must be settled on a delivery versus payment basis. Collateral for certificates of deposit shall be held by a third party custodian in the name of the University. The third party custodian shall be required to issue a safekeeping receipt to the University listing the specific instrument, rate, maturity, safekeeping receipt number, and other pertinent information. Any collateral safekeeping receipt shall be clearly marked on its face that the security is "pledged to Stephen F. Austin State University". Collateralization shall be required on certificates of deposit and repurchase agreements. The collateralization level shall be no less than 100% of the market value of the principal and interest due on these instruments. Collateral for certificates of deposit and repurchase agreements shall consist of any of the securities authorized for investment within this policy. P37 Performance Evaluation The VPB A shall submit quarterly reports to the Board of Regents through its Finance Committee and the President of the University in the format prescribed by the Public Funds Investment Act, within a reasonable time after the end of the quarter. The reports must: (A) describe in detail the investment position of the University on the date of the report; (B) be prepared by the investment officer(s) of the University; (C) be signed by the investment officer(s) of the U
Click tabs to swap between content that is broken into logical sections.
Rating | |
Title | Minutes of the Board of Regents of Stephen F. Austin State University. 2004, Volume No. 194 |
Subject |
Meetings Universities & colleges Stephen F. Austin State University |
Description | February 4, 2004, Volume No. 194 |
Date | 2004-02-04 |
Contributors | Margarita de la Garza Grahm, Valerie Ertz, Joe Max Green, Kenneth James, Gary Lopez, Paul Pond, Lyn Stevens, Mike Wilhite and Fred Wulf. Tito Guerrero, Mary Cullinan, Jerry Holbert, Miles McCall, Baker Pattillo, Roland Smith, Marlin Young, Yvette Clark, and other SFA administrators, staff, and visitors. |
Repository | East Texas Research Center |
Associated Dates | 2000-2009 |
Type | Publication |
Format | |
Rights | This item may be protected under Title 17 of the U.S. Copyright Law. It is available for non-commercial research and education. For permission to publish or reproduce, please contact the East Texas Research Center at asketrc@sfasu.edu |
Transcript | Stephen F. Austin State University Minutes of the Board of Regents Nacogdoches, Texas February 4, 2004 Volume 194 TABLE OF CONTENTS Page 04-13 October 23, 2003 Minutes (tabled) 3 04-14 Personnel A. Faculty and Staff Appointments for 2003-2004 3 B. Changes of Status for 2003-2004 4 C. Retirements for 2003-2004 6 D. Voluntary Modification of Employment for 2003-2004 6 E. Administrative Leaves for 2003-2004 6 04-15 Academic and Student Affairs A. Faculty Workload Report for Fall 2003 6 B. Last Class Day Report 6 04-16 Academic and Student Affairs C. Forestry Master s Degree Name 7 04-17 Academic and Student Affairs D. Fifth Grade Addition to Charter School 7 04-18 Academic and Student Affairs E. Dormitory Scholarships 7 04-19 Academic and Student Affairs F. Patent License 7 04-20 Financial Affairs A. Resolution to Review Qualified Investment Brokers and Financial Institutions 7 B. Standards of Conduct for Financial Advisors and Managers 7 C. Interagency Contract for Annual Software Maintenance 8 D. Equestrian Center Equipment Funds 8 E. Budget Changes Less Than $50,000 8 F. Budget Increases for Marketing 8 G. Marketing Contract 8 H. University Insurance - Property, Casualty, Liability 8 I. Privatization of the University Center Bookstore 8 04-21 Buildings and Grounds A. Piney Woods Conservation Center Sewer Treatment Facility 9 B. Nelson Rusche College of Business Educational Investment Center 9 C. University Center Expansion and Renovation (tabled) 9 D. Utility Easement 9 E. Real Estate (tabled) 9 04-22 Private Support Agreements A. Stephen F. Austin Quarterjack Club 9 B. Tip-In Club (tabled) 9 04-23 University Policies and Procedures A. Resolution to Acknowledge Review of Investment Policy and Strategy (tabled) 10 B. Board Meeting Schedule 10 04-24 Policy Revisions 10 B-15 Issuance and Control of Campus Keys B-24 Property Transfer and Disposal B-32 Work Requests B-34 Property Liability C-2 Annual Budget Preparation (tabled) C-7 Best Value Procurement C-8 Computer Equipment Purchases C-10 Delegated Purchasing Authority C-16.5 Historically Underutilized Businesses C-41 Investments (tabled) C-42 Property Inventory and Management D-19.1 Inclement Weather and Other Emergencies D-26 Public/Student Health D-34 Student Discipline E-55 Workers Compensation Coverage E-61 Drug and Alcohol Testing E-62 Return to Work F-7.5 Computer Hardware and Software Acquisition F-27 Student ID Cards F-29 Telephone Services F-32 Access to Secure Computing Facilities Reports A. Faculty Senate 10 B. Student Government Association 10 C. Vice President for Alumni Affairs 10 D. Vice President for University Advancement 10 E. President 10 F. Athletic Rivalry Traditions 11 G. Board Committees 11 MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY NACOGDOCHES, TEXAS February 4, 2004 The meeting was called to order at 9:15 a.m. by Chair Kenneth James. Board members present in Room 307: Margarita de la Garza Grahm, Valerie Ertz, Joe Max Green, Kenneth James, Gary Lopez, Paul Pond, Lyn Stevens, Mike Wilhite and Fred Wulf. Absent: None. Others present in Board Room 307: Tito Guerrero, Mary Cullinan, Jerry Holbert, Miles McCall, Baker Pattillo, Roland Smith, Marlin Young, Yvette Clark, and other SFA administrators, staff, and visitors. Executive Session was called at 9:15, and Open Session was announced at 12:15 p.m. There was a recess for lunch from 12:15 to 12:55, at which time the meeting resumed. 04-13 Upon motion of Regent Wulf, seconded by Regent Green, with all members voting aye, it was ordered that approval of the minutes of October 23, 2003 be tabled until the April meeting. 04-14 Upon motion of Regent Wulf, seconded by Regent Lopez, with all members voting aye, it was ordered that the following Personnel items be approved. A. Faculty and Staff Appointments for 2003-2004 1. Intramurals Jason E. Saladiner, Intramural Supervisor, at a salary of $22,746 for 100% time for 9 months, effective November 1, 2003. 2. Athletics Mr. Michael Santiago, Head Football Coach, at a salary of $104,376 for twelve months, effective February 1, 2004. Mr. Robert Kim Dameron, Assistant Coach, at a salary of $ 65,120 for 10.5 months, effective February 1, 2004. Mr. Todd Ivicic, Assistant Coach, at a salary of $55,022 for 10.5 months, effective February 1,2004. Mr. William S. Reed, Assistant Coach, at a salary of $56,288 for 10.5 months, effective February 1, 2004. Mr. Greg Z. Stevens, Assistant Coach, at a salary of $50,898 for 10.5 months, effective February 1, 2004. Mr. Robert Walker, Assistant Coach, at a salary of $60,206 for 10.5 months, effective February 1, 2004 Mr. Kenny Washington, Assistant Coach, at a salary of $53,027 for 10.5 months, effective February 1, 2004. B. Changes of Status for 2003-2004 1. Early Childhood Lab Ms. Karen Briley, from Master Teacher Toddler II at a salary of $31, 526 for 100% time for twelve months, to Master Teacher PKI at a salary of $32,526 for 100% time for twelve months, effective February 1, 2004. Ms. Melissa L. McCormack, from Teacher Aide at a salary of $21,588 for 100% time to Lead Teacher at a salary of $25, 632 for 100% time for twelve months, effective November 1, 2003. Ms. Rebecca P. Kilmer, from Substitute Teacher at an hourly rate of $6.50, to Teacher at a salary of $24,943 for 100% time for twelve months, effective December 15, 2003. 2. Financial Aid Belinda K. Davis, from Admissions Fund Manager at a salary of $25,092 for 100% for 12 months to Financial Aid Officer at a salary of $27,000 for 100% for 12 months, effective October 27, 2003. 3. Forestry Dr. Hans M. Williams, from Professor at a salary of $56,557 for 100% time for nine months, to Professor and Kenneth Nelson Distinguished Professor for a salary of $66,557 for 100% time for nine months, effective March 1, 2004. 4. Nursing Ms. Delia E. Connor, from Clinical Instructor at a salary of $30,000 for 75% time for nine months, to Clinical Instructor at a salary of $40,000 for 100% time for nine months, effective January 1, 2004. 5. Research and Sponsored Programs Ms. Heather L. Slough, from Assistant Director at a salary of $39,461.04 for 100% time for twelve months, to Interim Director at a salary of $45,461.04 for 100% time for twelve months, effective October 1, 2003. 6. Agriculture Mr. Dennis J. Chessman, from Associate Director of Soil Lab and Instructor at a salary of $38,731 for 100% time for twelve months, to Associate Director of Soil Lab and Assistant Professor at a salary of $54,391 for 100% time for twelve months, effective January 1, 2004. Change in status was contingent upon completion of doctorate by January 1, 2004. Ph.D. was received from Texas A&M, December, 2003. 7. Controller Tamara Hart, from Manager at a salary of $48,000 for 100% time for twelve months, to Assistant Controller at a salary of $55,000 at 100% time for twelve months, effective February 9, 2004. 8. Criminal Justice Dr. Ron Robinson, from VME status at a salary of $21,890 for 46.75% time for three years effective September 1, 2003, to Associate Professor at a salary of $46,825 for 100% time for nine months, effective September 1, 2003. 9. University Police Mr. Christopher T. Rivers, from Police Officer II at a salary of $28,288 for 100% time for twelve months, to Assistant Chief of Police at a salary of $54,780 for 100% time for twelve months, effective February 9, 2004.. C. Retirements for 2003-2004 1. Early Childhood Lab Ms. Catherine F. Barra, Master Pre-K I Teacher, effective January 30, 2004. D. Voluntary Modification of Employment for 2003-2004 1. Economics and Finance Dr. Reynolds Griffith, Professor, effective Fall semester, 2004. E. Administrative Leaves for 2003-2004 1. Political Science and Geography Michael T. Tkacik, Assistant Professor, Fulbright Scholarship Leave of Absence with partial pay of $10,000 effective Spring semester, 2004. 04-15 Upon motion of Regent Wilhite, seconded by Regent Wulf, with all members voting aye, it was ordered that the following Academic and Student Affairs items be approved. A. Faculty Workload Report for Fall 2003 - the faculty workload report for Fall 2003 was approved. B. Last Class Day Report - the last Class Day Report for Summer I, Summer II and Fall semester, 2003 was approved as presented. 04-16 Upon motion of Regent Stevens, seconded by Regent Ertz, with all members voting aye, it was ordered that the following Academic and Student Affairs item be approved. A. Forestry Masters Degree Name Change - approval was given to change the Master of Science in Forestry degree to a Master of Science degree with majors in Forestry and Spatial Science, pending Coordinating Board approval. 04-17 Upon motion of Regent Wulf, seconded by Regent Green, with all members voting aye, it was ordered that the following Academic and Student Affairs item be approved. A. Approval of the Fifth Grade Addition to the Charter School - the addition of 5th grade to the Charter School at SFA starting Fall 2004 was approved. 04-18 Upon motion of Regent Pond, seconded by Regent Stevens, with all members voting aye, it was ordered that the following Academic and Student Affairs item be approved. A. Dormitory Scholarships - approval was given to allocate $204,000 to support dormitory scholarships. 04-19 Upon motion of Regent Wilhite, seconded by Regent Wulf, with all members voting aye, it was ordered that the following Academic and Student Affairs item be approved. A. Patent License - the President was authorized to sign any contracts or agreements regarding licensing rights for Dr. Shiyou Li's sponsored research, as reviewed and approved by the General Counsel. 04-20 Upon motion of Regent Wulf, seconded by Regent Ertz, with all members voting aye, it was ordered that the following Financial Affairs items be approved. A. Resolution to Review Qualified Investment Brokers and Financial Institutions - the Resolution was approved as presented in Appendix No. 2. The following brokers/investment managers are listed in the resolution: Merrill Lynch Inc., Neuberger Berman, Fayez Sarofim & Co., John A. Levin & Co., Lazard Asset Management, Franklin Private Client Group, Inc., MLIM L.P. Relative Value, Furman Selz Capital, and NFJ Investment/PIMCO Allianz. The following financial institutions are also listed in the resolution for review and approval: Citizen's First Bank, Commercial Bank of Texas, First Bank and Trust East Texas, Bancorp South Fredonia, Region's Bank Stone Fort, and Texas Bank. B. Standards of Conduct for Financial Advisors and Managers - the Standards of Conduct for Investment Advisors were approved as presented in Appendix No. 3. C. Interagency Contract for Annual Software Maintenance - the President or his designee was authorized to sign the proposed Interagency Contract for Services for Software Maintenance of SCT Products (Contract) and to issue the necessary purchase orders and/or agreements. Annual renewals of this maintenance arrangement through August 31, 2009 as specified in Exhibit A to the Contract shall be at the option of the administration. The cost for Fiscal Year 2004 is $178,746 and is included in the University's Fiscal Year 2004 budget. D. Equestrian Center Equipment Funds - the University was authorized to spend the FY 2004 HEAF funds allocated to the beef program and the contingency, plus any unused funds from the construction project (estimated at $25,000) to equip the equestrian facility. The university was authorized to expend the $25,000 allocated to the swine and poultry programs to support the cost of physical plant projects for those programs. E. Budget Changes Less Than $50,000 - no action required. F. Budget Increases for Marketing - approval was given to FY-04 budget increases of $105,449 for marketing and $4,891 for Office of Public Affairs staffing. G. Marketing Contract - the President was authorized to sign a marketing contract for a sum not to exceed $125,000. This amount includes a combination of already budgeted funds and a portion of the requested increase in FY-04 marketing funds, as well as $7,435 for Web site review and recommendations that would be contingent on FY-05 funding. H. University Insurance — Property, Casualty, Liability - the University was given authorization to cancel fiscal year 2004 Royal & Sunalliance insurance coverage for business automobile, boiler and machinery, commercial property-auxiliary, contractors' equipment and commercial general liability and to acquire replacement coverage with Travelers. The University was also authorized to acquire law enforcement liability and physical/sexual abuse insurance with Travelers. These changes are to be effective as soon as possible. Arrangements for the changes are to be made through the University's agent, USI Southwest. The University was also authorized to develop a RFP document for University insurance to procure coverage effective September 1, 2004 or as soon thereafter as is practical. The University was authorized to extend the date of the Travelers policies as necessary until coverage is effective for fiscal year 2005. I. Privatization of the University Center Bookstore - upon recommended by the Ad Hoc Committee on University Center Expansion and Renovation, it was ordered that the administration solicit proposals for the privatization of the University Center Bookstore. 04-21 Upon motion of Regent Wilhite, seconded by Regent Ertz, with all members voting aye, it was ordered that the following Buildings and Grounds items be approved. A. Piney Woods Conservation Center Sewer Treatment Facility - the University was authorized to employ Jerry G. Ince, P.E. to design the surface flow wetland system to serve the Piney Woods Conservation Center. The cost will not exceed $12,500 and will be paid from FY 04 budgeted HEAF. B. Nelson Rusche College of Business Educational Investment Center - the University was authorized to renovate an existing classroom in the McGee Building to create a high-tech, multi-media classroom. Cost of the project is approximately $80,000. All funds to support the cost of the project are on deposit with the SFASU Foundation. SFA Physical Plant employees will complete all work for the project. D. Utility Easement - the President was authorized to sign the Easement Approval to Deep East Texas Electrical Cooperative for the primary electrical service at the Equine Center on the Walter C. Todd Beef Farm. The easement required is ten feet wide by approximately 400 feet long, running from CR 123 South to the location of a pad mounted transformer East of the new facility. The following Buildings and Grounds items were tabled for further review, and will be brought before the April meeting. C. University Center Expansion and Renovation E. Real Estate Transactions 04-22 Upon motion of Regent Stevens, seconded by Regent Green, with all members voting aye, it was ordered that the following Private Support-Agreement be approved. A. Stephen F. Austin Quarterjack Club - the private support organization agreement between the Stephen F. Austin Quarterjack Club and the University was approved. The following Private Support Agreement was tabled and will be brought back to the Board at a later date. B. Stephen F. Austin Tip-In Club 04-23 Upon motion of Regent Stevens, seconded by Regent Green, with all members voting aye, it was ordered that the following University Policies and Procedures item be tabled until it is reviewed by the Finance Committee, and that the item be returned to the agenda at the April Board meeting. A. Resolution to Acknowledge Review of Investment Policy and Strategy 04-24 Upon motion of Regent Wulf, seconded by Regent Ertz, with all members voting aye, it was ordered that the following Policies and Procedures items be approved. A. Policy Revisions - the policy revisions were adopted as presented, with the exception of policies C-2 Annual Budget Preparation, and C-41 Investments, which were tabled until the April meeting. B. Board Meeting Schedule - a telephone Board meeting was scheduled for Wednesday, February 18 at 1:00 regarding the University Center Bond Sale. The April Board meeting was scheduled for Tuesday, April 20. The Board will be polled regarding which day of the week is best for future meetings. There was discussion regarding a Board retreat. REPORTS A. Faculty Senate 1. Faculty Senate Business 2. Progress on Tenure and Promotion Issues 3. Faculty Salaries 4. Classroom Improvements B. Student Government Association 1. Commencement 2. Housing 3. HPE/Rec Center 4. Voter Registration Drives 5/ ? Library Hours of Operation during Dean Week and Finals Week C. Vice President for Alumni Affairs 1. Alumni Affairs Update 2. Mentor Ring Program D. Vice President for University Advancement 1. Planned Giving E. President 1. Nacogdoches/Lufkin Day in Austin (January 28, 2004) 10 2. Round of Texas High School Counselor Breakfast Appreciations (Texarkana on February 13, 2004) 3. University Center Bond Sale on February 18, 2004 at 1:00 p.m. 4. Visit by delegation of University Personnel from Xian, China (February 24-26, 2004 5. Spring Break (March 15-19, 2004) 6. Coordinating Board Meeting (April 22 & 23, 2004) 7. Answer Questions from Members of the Board of Regents F. Athletic rivalry traditions - Eva Pack, Jim Corbin, and Jim Conditt G. Board Committees - Chair Kenneth James made the following appointments: Executive Committee Kenneth James, Chair Lyn Stevens, Vice Chair Fred Wulf, Secretary Academic and Student Affairs Committee Margarita de la Garza-Grahm, Chair Kenneth James Paul Pond Buildings and Grounds Committee Mike Wilhite, Chair Gary Lopez Joe Max Green Finance Committee Fred Wulf, Chair Lyn Stevens Valerie Ertz Nominating Committee Lyn Stevens, Chair Gary Lopez Margarita de la Garza-Grahm Meeting adjourned at 3:15 pm. 11 Appendix No, 1 REGULAR MEETING OF THE BOARD OF TRUSTEES Nacogdoches Independent School District DATE: December 18, 2003 TIME: 6:00 p.m. PLACE: NISD Board Room, 511 South University Drive, Nacogdoches, Texas PRESENT: Board Members: President Richard Fischer, Vice President Almarie Henderson, Secretary Phil Mahar, Rex Humphreys, Duncan Rogde, and Tony Thompson were present. Board Member Jay Knott was unable to attend the meeting. Administrative Staff: Superintendent Tony Riehl, Peggy Cox, Ray Glynn, G.W. Neal, Charles Langlotz, Liz Ballenger, Rachel Johnson, Delinda Neal, Debbie Walker, Donna Brown, Ross Holbrook, Michael Martin, Dan Stanley, Julie Davis, Logan Fans, Shelton Jones, Tina Bobbin, Margo Russell, Kathi Stalnaker, Pam Alexander, Trudy Hay. Malinda Lindsey, Debbie Grubbs, and Connie Reed. Guests Signing the Register: Jennifer Vose of The Daily Sentinel, Kitty Jones, Jana McCall, Miles McCali, Marsha Blount, Russell Lawrence, Judy Poe, Jan Lawrence, Lois Fitch, Jana Burrows, Katherne Wbitbeck, Ramiro Mendiola, Anita Hutson, Keith Christopher, Penny Home, Farshid Niroumand, Susie Porter, Jackie Cox, John Donihoo, Kristi Caldwell, Greg Caldwell, Donna Christopher, David Beesan, Dana Henson, Brenda Drewery, Pamela Williams, Tom Davis, Doug Stevens, Tanimie Stevens, Martha Forney, Cheryl Bartlett, Sandra Putnick, Lauree Hayes, Becky Griffith, Felicia Henderson, Nancy Davis, Steve Conroy, Kathy Conroy, and Kenneth Cotter. 1. Opening Items 1.1 Call to Order, Legal Notice of Meeting, Invocation, Pledge of Allegiance President Fischer called the meeting to order at 6:00 p.m. Legal notice had been posted. Rex Humphreys gave the invocation. Tony Riehl led the Pledge of Allegiance. 2 • Open Forum No guests requested to address the Board. 3«, Recognition 3.1 Recognition - NISD Employees Retirements Plaques were presented to the following retiring employees recognizing them for their years of sendee to NISD: Name Donna J. Christopher Maijorie Nelle Cueni Brenda F. Drewery Lois S. Fitch Dona G. Fowler Reba A. Fuller Gloria Jean Gresham Maye F. Hani Anita J. Hutson Russell N. Lawrence Assignhient Science - Nacogdoches H.S. Librarian - Carpenter Elementary Print Shop Operator Counselor - Nacogdoches H.S. Second Grade - Carpenter Elementary Secretary to Dir. Of CATE Exec. Director of Instruction English - Nacogdoches H.S. Clerical Aide - Band - Nacogdoches H.S Industrial Tech - Nacogdoches H.S. Years With NISD 29 14 28 20 13 20 26 18 4 19 12 Board Meeting, December 18, 2003 Page 3 bring to their attention. These are not items on which action can be taken, but simply an opportunity to provide information to the members of the Board. At each Board Member's place was an invitation from Marsha Blount, Art Teacher at Nacogdoches High School, for a student Art Show in January and a copy of the group picture of Board Members and Superintendent Riehl. 5 . Consent Agenda President Fischer requested Board Members who wished to discuss any item on the Consent Agenda to please indicate the agenda number and it would be set aside for discussion at the appropriate time. COiNSENT AGENDA MOTION: Upon a motion by Tony Thompson and second by Almarie Henderson, the Board unanimously approved the Consent Agenda as presented. 5-1 Consideration - Approval of Board Meeting Minutes Consent Agenda - Action Item - The Board unanimously approved, as presented, the minutes for the Regular Board Meeting held November 20, 2003. 5.2 Report/Consideration - Information From Business Office on School District Operations Consent Agenda - Action Item - The Board unanimously approved the payment of bills as presented and reviewed standard reports prepared by the Business Office. 5.3 Consideration - Approval to Close District Bank Accounts Consent Agenda - Action Item - The Board unanimously approved the closure of the following bank accounts which are no longer needed: The Health Trust bank account at Regions Bank. The District no longer has a self-funded Health Insurance Trust Plan and the balance in the account is zero. The Section 125 bank account established last year under AFLAC at the Columbus Bank in Columbus, GA. Since it is an out-of-state bank, the account should be closed as soon as possible after it reaches a zero balance, which will be in January 2004. 5.4 Consideration - Annual Approval to Continue NISD/SFASU Charter School And To Add Fifth Grade for the 2004/2005 School Year Consent Agenda - Action Item - The Board unanimously approved the Superintendent's recommendation to continue the NISD/SFASU Charter School Program for the 2003/2004 school year, and for the Charter School Governance Council to include the addition of fifth grade in preparation for the 2004/2005 school year. 5.5 Consideration - Approval of Amendments to the NISD Gifted and Talented Plan Consent Agenda - Action Item - The Board unanimously approved amendments to the NISD Gifted and Talented Plan as presented. (A copy of the plan will be included in the Official Minute Book.) 5.6 Consideration - Approval of Career and Technology Education Courses at NHS Consent Agenda - Action Item - The Board unanimously approved the addition of the following new Career and Technology courses to the Nacogdoches High School curriculum: 13 Board Meeting, December 18, 2003 Page 1 At 8:20 p.m., the Board reconvened into open session. MOTION: Phil Mahar moved to affirm the Administration's decisions on the complaint filed by Kathy Conroy. Duncan Rodge seconded the motion. Motion carried unanimously with all six Board Members voting in favor of the motion. President Fischer stated the decision of the Board is final and is not subject to rehearing. The hearing concluded at 8:23 p.m. 7. Executive or Closed Session Agenda The Board did not enter into Executive/Closed Session for any agenda item other than as stated in Agenda Item 6.5- Consideration of Kathy Conroy Level HI Complaint (Texas Gov't Code Section 551.082 - Employee/Employee Complaint). 8 . Action On Item Discussed in Executive Session No action taken by the Board other than in Agenda Item 6.5 - Consideration of Kathy Conroy Level III Complaint (Texas Gov't Code Section 551.082 - Employee/Employee Complaint). MOTION TO ADJOURN: There being no further business, Board Member Rex Humphreys moved to adjourn at 8:24 p.m. Richard Fischer, Board President Phil Mahar, Board Secretary 14 Appendix No. 2 BOARD OF REGENTS OF STEPHEN F, AUSTIN STATE UNIVERSITY Nacogdoches, Texas RESOLUTION APPROVING FINANCIAL INSTITUTIONS AND BROKERS FOR INVESTMENT TRANSACTIONS WHEREAS, The Texas Public Funds Investment Act requires the University to submit a resolution approving a list of qualified investment brokers to the governing body of the institution for adoption and/or review; and WHEREAS, the following firms are approved investment brokers: Merrill Lynch, Inc. Neuberger Berman Fayez Sarofim & Co. John A. Levin & Co Lazard Asset Management Franklin Private Client Group, Inc. MLIM L.P. Relative Value Furman Selz Capital NFJ Investment/PIMCO Allianz WHEREAS, the following firms are approved financial institutions: Citizen's First Bank Commercial Bank of Texas First Bank and Trust East Texas Bancorp South Fredonia Region's Bank Stone Fort Texas Bank NOW THEREFORE BE IT RESOLVED that the Stephen F. Austin State University Board of Regents, by the issuance of this Resolution, does hereby approve the above listed firms for investment transactions by Stephen F. Austin State University; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of the February 4, 2004 meeting of the Board. THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY Kenneth James, Chair Fred Wulf, Secretary 15 Appendix No. 3 DRAFT Stephen F. Austin State University Standards of Conduct for Financial Advisors January 1,2004 Stephen F. Austin State University by rule of the Board of Regents, adopts rules of conduct for financial advisors as presented. All entities who provide or offer to provide financial advisory services to Stephen F. Austin State University must abide by the following standards of conduct: 1. Each financial organization must engage in and promote honest and ethical conduct, including the ethical handling of actual or apparent conflicts of interest between personal and professional relationships; 2. Comply fully with the requirements of the Texas Public Funds Investment Act, Texas Government Code, Chapter 2256 as delineated in the University's Operating Funds Investment Policy regarding the investment or investment management of state funds; 3. Acknowledge in writing that the financial organization offering to engage in investment advisory services has read and agrees to comply with the requirements of the University's operating and endowment investment policies; 4. Immediately disclose any information to the University of any industry related or investment management problems or concerns that might adversely impact the reasonable performance of the University's funds; 5. Immediately disclose any change in the key personnel within the organization that provides financial advisory services to the University; 6. Provide investment advisory, management, and broker services in accordance with the highest standards of financial industry professionalism and accountability. 16 Appendix No. 4 Interagency Contract for Services THIS CONTRACT is entered into by and between the Contracting parties as stated below, pursuant to the authority granted and in compliance with the provisions of "The Interagency Cooperation Act," Texas Government Code, Ch.771. CONTRACTING PARTIES: The Receiving Agency: Stephen F. Austin State University P.O.Box 13012 Nacogdoches, TX 75962 The Performing Agency: Texas A&M University-Corpus Christi 6300 Ocean Drive Corpus Christi, TX 78412 II. STATEMENT OF SERVICES TO BE PERFORMED: Texas A&M University-Corpus Christi will perform the services as Assignee as, described in the Third Amendment to 2002 Master Software License, Services and Maintenance Agreement by and between State of Texas, acting by and through The Department of Information Resources, Texas A&M University-Corpus Christi, and SCT Software & Resource Management Corporation dated effective June 9, 2003 attached and entitled the Third Amendment to 2002 Master Software License, Services and Maintenance Agreement, (hereinafter referred to as "the Agreement"). in JThe Agreement" describes the Texas Connection Consortium or TCC. The Receiving Party may be referred to i "the Agreement" as a TCC Member; the participating institutions may be collectively referred to as the TCC membership. III. BASIS FOR CALCULATING REIMBURSABLE COSTS: The Receiving Party may receive products, maintenance and technical support services through this agreement as the rates set forth in "the Agreement". ° IV. CONTRACT AMOUNT: The total amount of this Contract shall not exceed: Three hundred seventy thousand, four hundred twenty three dollars, ($370423.04). The purchase of additional software licenses and associated maintenance fees during the term of this agreement will be added to the contract amount and billed by the Performing Party. Texas Connection Consortium, Interagency Contract for Services Stephen F. Austin State University i 7 Fiscal \ ear September 1,2003 to August 31,2004, ' ■ y 1/ V. PAYMENT FOR SERVICES: electron* transactions, payable to Performing Agency dra™ by lhe Receivi"8 AS=™y. or thresh P°*™d Sba" bC Mkd a""»al" - »P°» P'~, of an order for addition,, software ,„„ the m. %2%««I" * * «— appropriation itemsCs, or accoUn,(s, from lvhih VI. TERM OF CONTRACT: This Contract is to be»i THE UNDERSIGNED CONTRACTING authorized for activities that ^^^ Government, and (2) the services, L^T^ Const,tut,on of Texas to be supp.ied under c'ontralt ** to for the affected agencies estate ti 21 °f A^ XVI of the services by authority granted in the ^ The undersigned parties bind themselves to the faithful performance of this contract. RECEIVING AGENCY Stephen F. Austin State University P.O. Box 13012 Nacogdoches, TX 75962 PERFORMING AGENCY Texas A&M University-Corpus Christi 6300 Ocean Drive Corpus Christi, TX 78412 By:. Authorized Signature Mr. Bill Wagner Director, Information Technology Services Date: e-mail: bwagner@sfasu.edu unsortium> Interagcncy Contract for Sen ices tember 1, 2003 to August 31, 2004. Kathryn Funk-Baxter, Asst. Vice-President and Comptroller Date: October 20, 2003 e"maiI: Stephc- F. Austin State Universi ity 18 EXHIBIT A SCHEDULE OF SERVICES TO BE PERFORMED The Department of Information Resources (DIR) has entered into a "Software License and Services Agreement" with SCT Software & Resource Management Corporation (SCT) with an effective date of June 30, 1995, and a "Technical Currency/Software Maintenance Agreement for Existing Software, Initial License, and Optional License" of even date therewith (collectively referred to as the SCT Contract). Under the SCT Contract, SCT has granted to DIR, for the benefit of certain educational institutions (the Institutions), a perpetual, non-transferable, non-exclusive license to the Licensed Software described therein. The Licensed Software consists of those products that, at the time in question, SCT makes available for licensure to DIR, and includes, without limitation, the BANNER 2000 and the Plus 2000 application software series. The SCT Contract permits DIR and the Institutions to use the Licensed Software, including the source code, on a perpetual, nontransferable, non-exclusive basis, with certain other conditions and restrictions. In addition to the license, the SCT Contract obligates SCT to provide certain services to the Institutions, including technical currency and maintenance services, and to establish a Centralized Support Services Operation for an initial term of seven (7) years with an initial staffing of four (4) full-time employees. By means of a separate agreement, DIR and the participating Institutions sh^ll form a governing board (the Board) that will perform certain strategic functions in connection with the administration of the SCT Contract, including, among others, Contract Administration, Fiscal Management, Planning, and prioritization of conflicting task requests submitted to the Centralized Services Support Operation. All requests for specific Centralized Support Services shall be made to DIR and communicated by DIR to SCT after approval by the Board. The Board will prioritize specific task requests and mediate any conflicts between or among Institutions with respect to utilization of the Centralized Support Services Operation. By signing this agreement, the Receiving Party acknowledges that the Board shall have the authority to resolve disputes regarding the Texas Connection Consortium program, and the Receiving Party therefore agrees to accept the decisions of the Board to the extent such decisions may affect its interests in the program. Payment for the initial license and/or continuing of the Licenses shall be made to DJR upon execution of this agreement. The amount of such payment shall be based on the applicable discount of SCT software and time of purchase but not less than 30% of the list price license fee for the applicable software as of the effective date of the SCT Contract. Payment(s) for optional licenses of the Licensed Software that are obtained no later than August 31, 1999 shall be made to DIR at the time of purchase of the applicable licenses. Additional maintenance purchased shall be pro-rated based on purchase price x 15% multiplied by the remaining months in the contract year divided by 12. Payment for technical support center and maintenance services shall be made to DIR on an annual basis. Payment for the first year of such services shall be made upon execution of this agreement. 19 Fees for such services shall be as set forth in the SCT Contract. Such fees are stated in aggregate amounts and shall be prorated among the participating Institutions by DIR and the consortium board. Such fees are subject to an annual adjustment under the terms of the SCT Contract. SCT will not increase maintenance more than three percent (3%) per year during the first seven (7) years of the SCT Contract, and shall not increase more than seven percent (7%) per year during the three (3) years following the expiration of the initial 7-year term. DIR shall forward to SCT all payments received, minus any deductions for payment of the administrative fee described below. Payment must be made no later than thirty (30) days after the date the Receiving Party received the ITV or voucher from DIR; late payments shall be subject to an additional charge to be determined by the Board. Payment for Technical Support Services provided by SCT shall be made to DIR on an annual basis. Payment for the first year of such services shall be made upon execution of this agreement. Fees shall be as set forth in the SCT Contract. Such fees are stated in aggregate amounts and shall be prorated among the participating Institutions by DIR and the consortium board. Such fees are subject to an annual cost-of-living adjustment of five percent (5%) per year under the terms of the SCT Contract. DIR shall forward to SCT all payments received, minus any deductions for payment of the administrative fee described below. Payment must be made no later than thirty (30) days after the date the Receiving Party received the ITV or voucher from DIR; late payments shall be subject to an additional charge to be determined by the Board. Implementation/support fees shall be at the rates specified in the SCT Contract. The SCT Contract also requires the payment of other expenses, including travel expenses, as may be incurred by an Institution during the term of the SCT Contract. Implementation/support fees and other expenses shall be paid directly to SCT by each participating Institution. As consideration for the services performed under this contract, DIR shall charge an administrative fee negotiated with consortium board calculated to recover the cost of negotiating, drafting and administering the SCT Contract and this contract. Recognizing that DIR must recover direct and overhead cost associated with the management of SCT Contract, the initial mechanism for recovery was established through the Texas Connection Contracts. These contracts called for a 5% recovery on the software license fees paid by the members and a 5% recovery on annual software maintenance fees and other fees obtained from SCT by the Members under the SCT Contract. Additionally, an annual 5% increase from this base has been agreed to by the current principals. Such administrative fees shall be deducted from amounts collected from the Receiving Party for the payment of license and services fees. If any amounts are collected by DIR in excess of its costs, such excess amounts shall be tendered to the Board, which shall have full discretion regarding the use of such funds; PROVIDED, HOWEVER, the Board shall ensure that all such sums are expended only for legitimate public purposes in connection with the Texas Connection program for the benefit of the participating Institutions. The TCC board will charge a one time fee to all institutions utilizing this contract which will be due and payable to the TCC board through the Department of Information resources. 20 Appendix No. 5 Stephen F. Austin State University Schedule of Budget Changes September 10, 2003 to January 19, 2004 ACTIVITY RECIPIENT INCOME SOURCE TOTAL 142,f422 21 Appendix No. 6 AGREEMENT BETWEEN STEPHEN F, AUSTIN STATE UNIVERSITY AND STEPHEN F. AUSTIN QUARTERJACK CLUB 1. PARTIES 1.1 Stephen F. Austin State University (the "University") is an agency of the State of Texas, organized and existing under Chapter 101, Texas Education code, as an institution of higher education located in Nacogdoches, Texas. The governing body of the University is the Board of Regents (collectively, the "Regents"). 1.2 Stephen F. Austin QuarterJack Club (the "Club") is a non-profit corporation under the laws of the State of Texas for the sole purpose of supporting the intercollegiate football program of the University. The governing body of the Club is its Board of Directors (collectively, the "Directors"). 2. PURPOSE 2.1 The Club is a private support organization as defined in Chapter 2255 of the Texas Government Code. 2.2 The University is a state agency as defined in Chapter 2255 of the Texas Government Code. 2.3 The parties are entering into this agreement for the purpose of defining the relationship between them pursuant to Chapter 2255 of the Texas Government Code, and to implement the policy (D-25.5) of the Regents governing the University's relationship with private support organizations. 2.4 While this agreement is in effect, the University recognizes the Club as existing solely for the support of the intercollegiate football program of the University. The parties agree that the Club is a necessary and beneficial component of the University's overall program for university advancement and exists solely to receive, hold, manage and control gifts, grants or acquisitions that benefit the intercollegiate football program of the University. 3. TERM 3.1 Provided the Club has first executed this agreement, this agreement is effective upon its approval by the Regents. 22 Agreement between Stephen F. Austin State University and Stephen F. Austin Quarterjack Club Page 2 3.2 This agreement will continue in effect until terminated. Either party may terminate this agreement by giving ninety days' written notice to the other party. Notwithstanding anything to the contrary, this agreement shall automatically terminate should the Club's 501(c)(3) status be terminated by the IRS. 3.3 Any violation, knowingly or without regard for same by the Club or any member of the Club, of a rule or regulation of the NCAA, Southland Conference, or Stephen F. Austin State University will result in immediate termination of this agreement, resulting in disassociation procedures by Stephen F. Austin State University. 4. ORGANIZATION OF THE CLUB 4.1 The direction and management of the affairs of the Club and the control and disposition of its assets shall be vested in a Board of Directors which shall be governed by its Bylaws. 4.2 The Athletic Director of the University may serve as an ex officio, non-voting member of the Board of Directors. 4.3 The officers of the Club shall be a President, a Vice President, and a Secretary/Treasurer. 5. USE OF UNIVERSITY PERSONNEL AND SPACE BY THE CLUB 5.1 The University may provide personnel as necessary in the determination of the Athletic Director of the University for the support of the Club's business activities. 5.2 The University may provide office space, equipment, and supplies as necessary in the determination o the Athletic Director of the University for the Club to carry out its responsibilities and activities. 23 Agreement between Stephen F. Austin State University and Stephen F. Austin Quarterjack Club Page 3 5.3 The personnel services, office space, equipment, and supplies provided by the University under this agreement shall be made without charge to the Club. 5.4 Since all funds of the Club are transferred to intercollegiate football accounts within the University, there will be no compensation of University personnel for their services to the Club 5.5 Any conflict between University employees' fiduciary responsibilities to either the University or the Club will be resolved in favor of the University. 6. CLUB INVESTMENTS AND RECORD-KEEPING 6.1 All operating funds belonging or entrusted to the Club that remain unused at the end of each fiscal year shall be transferred to intercollegiate football accounts within the University in'accordance with the general or specific purposes stipulated by the donors, grantors or testators or, in the absence of such stipulations, for such uses in support if intercollegiate football at Stephen F. Austin State University as may be determined by the Club's Board of Directors. 6.2 The Club, upon University's request, shall have or cause to be performed an independent, external audit of its records and operations. 7. FUND RAISING EFFORTS OF THE CLUB 7.1 The coordination of the Club's fundraising efforts/activities shall be through the Athletic Director of Stephen F. Austin State University or other authorized representative of the Stephen F. Austin State University athletic program in accordance with all University fund raising procedures. 24 Agreement between Stephen F. Austin State University and Stephen F. Austin Quarterjack Club Page 4 7.2 The Stephen F. Austin Quarterjack Club is authorized to do the % following: (1) To receive, hold, manage and control gifts and grants in support of the intercollegiate football program at Stephen F. Austin State University. (2) To transfer into University intercollegiate football accounts all or any part of the gifts and grants received in accordance with the general or specific purposes stipulated by the donors, grantors or testators or, in the absence of such stipulations, for such purposes as may be determined by the Board of Directors. (3) Write checks and disburse funds to discharge the Club's obligations. However, funds may not be drawn from the Club or its accounts for any amount without review and approval by the Athletic Director of Stephen F. Alistin State University or other authorized representative of the Stephen F. Austin State University athletic program. In addition, funds may not be used or disbursed by the Club that would violate any law of the State of Texas or could violate any rule or regulation of the NCAA, Southland Conference, or Stephen F. Austin State University. 7.3 The Athletic Department, through the Office of University Advancement, shall maintain all donor lists, files, and gift records, and will coordinate all donor recognition activities. 25 Agreement between Stephen F. Austin State University and Stephen F. Austin Quarterjack Club Page 4 Chair Date Stephen F. Austin State University Board of Regents President Date Stephen F. Austin State University ^ / Date-' Stephea£j\as1inQuarterjack Club 26 AGREEMENT BETWEEN STEPHEN F. AUSTIN STATE UNIVERSITY AND STEPHEN F. AUSTIN TIP-IN CLUB 1. PARTIES 1.1 Stephen F. Austin State University (the "University") is an agency of the State of Texas, organized and existing under Chapter 101, Texas Education code, as an institution of higher education located in Nacogdoches, Texas. The governing body of the University is the Board of Regents (collectively, the "Regents"). 1.2 Stephen F. Austin Tip-In Club (the "Club") is a non-profit corporation under the laws of the State of Texas for the sole purpose of supporting the intercollegiate men's basketball program of the University. The governing body of the Club is its Board of Directors (collectively, the "Directors"). 2. PURPOSE 2.1 The Club is a private support organization as defined in Chapter 2255 of the Texas Government Code. 2.2 The University is a state agency as defined in Chapter 2255 of the Texas Government Code. 2.3 The parties are entering into this agreement for the purpose of defining the relationship between them pursuant to Chapter 2255 of the Texas Government Code, and to implement the policy (D-25.5) of the Regents governing the University's relationship with private support organizations. 2.4 While this agreement is in effect, the University recognizes the Club as existing solely for the support of the intercollegiate men's basketball program of the University. The parties agree that the Club is a necessary and beneficial component of the University's overall program for university advancement and exists solely to receive, hold, manage and control gifts, grants or acquisitions that benefit the intercollegiate men's basketball program of the University. 3. TERM 27 Agreement between Stephen F. Austin State University and Stephen F. Austin Tip-In Club Page 2 3.1 Provided the Club has first executed this agreement, this agreement is effective upon its approval by the Regents. 3.2 This agreement will continue in effect until terminated. Either party may terminate this agreement by giving ninety days1 written notice to the other party. Notwithstanding anything to the contrary, this agreement shall automatically terminate should the Club's 501(c)(3) status be terminated by the IRS. 3.3 Any violation, knowingly or without regard for same by the Club or any member of the Club, of a rule or regulation of the NCAA, Southland Conference, or Stephen F. Austin State University will result in immediate termination of this agreement, resulting in disassociation procedures by Stephen F. Austin State University. 4. ORGANIZATION OF THE CLUB 4.1 The direction and management of the affairs of the Club and the control and disposition of its assets shall be vested in a Board of Directors which shall be governed by its Bylaws. 4.2 The Athletic Director of the University may serve as an ex officio, non-voting member of the Board of Directors. 4.3 The officers of the Club shall be a President, a Vice President, and a Secretary/Treasurer. 5. USE OF UNIVERSITY PERSONNEL AND SPACE BY THE CLUB 5.1 The University may provide personnel as necessary in the determination of the Athletic Director of the University for the support of the Club's business activities. 5.2 The University may provide office space, equipment, and supplies as necessary in the determination o the Athletic Director of the University for the Club to carry out its responsibilities and activities. 28 Agreement between Stephen F. Austin State University and Stephen F. Austin Tip-In Club Page 3 5.3 The personnel services, office space, equipment, and supplies provided by the University under this agreement shall be made without charge to the Club. 5.4 Since all funds of the Club are transferred to intercollegiate men's basketball accounts within the University, there will be no compensation of University personnel for their services to the Club 5.5 Any conflict between University employees' fiduciary responsibilities to either the University or the Club will be resolved in favor of the University. 6. CLUB INVESTMENTS AND RECORD-KEEPING 6.1 All operating funds belonging or entrusted to the Club that remain unused at the end of each fiscal year shall be transferred to intercollegiate men's basketball accounts within the University in accordance with the general or specific purposes stipulated by the donors, grantors or testators or, in the absence of such stipulations, for such uses in support if intercollegiate men's basketball at Stephen F. Austin State University as may be determined by the Club's Board of Directors. 6.2 The Club, upon University's request, shall have or cause to be performed an independent, external audit of its records and operations. 7. FUND RAISING EFFORTS OF THE CLUB 7.1 The coordination of the Club's fundraising efforts/activities shall be through the Athletic Director of Stephen F. Austin State University or other authorized representative of the Stephen F. Austin State University athletic program in accordance with all University fund raising procedures. 29 Agreement between Stephen F. Austin State University and Stephen F. Austin Tip-In Club Page 4 7.2 The Stephen F. Austin Tip-In Club is authorized to do the following: (1) To receive, hold, manage and control gifts and grants in support of the intercollegiate men's basketball program at Stephen F. Austin State University. (2) To transfer into University intercollegiate men's basketball accounts all or any part of the gifts and grants received in accordance with the general or specific purposes stipulated by the donors, grantors or testators or, in the absence of such stipulations, for such purposes as may be determined by the Board of Directors. (3) Write checks and disburse funds to discharge the Club's obligations. However, funds may not be drawn from the Club or its accounts for any amount without review and approval by the Athletic Director of Stephen F. Austin State University or other authorized representative of the Stephen F. Austin State University athletic program. In addition, funds may not be used or disbursed by the Club that would violate any law of the State of Texas or could violate any rule or regulation of the NCAA, Southland Conference, or Stephen F. Austin State University. 7.3 The Athletic Department, through the Office of University Advancement, shall maintain all donor lists, files, and gift records, and will coordinate all donor recognition activities. 30 Agreement between Stephen F. Austin State University and Stephen F. Austin Tip-In Club Page 4 Chair Date Stephen F. Austin State University Board of Regents President Date Stephen F. Austin State University President Date Stephen F. Austin Tip-In Club 31 Private Support Organizations or Donors D-25.5 Original Implementation: July 9, 1991 Last Revision: January 19, 1999 Pursuant to Chapter 2255 of the Texas Government Code, the University will recognize only those private support organizations that meet the requirements of this policy as being formed and designated to further the purposes and duties of the University. Any organization or donor (whether existing as a corporation or as an unincorporated association) which is formed to further the purposes and duties of the University must enter into a written agreement with the University, approved by the Board. If the Board declines to enter into such an agreement, the private support organization or donor is deemed not to further the purposes and duties of the University, and the Board expressly forbids the use of the name, property, or employees of the University in any actions or activities on the part of the private support organization or donor. The agreement will address and govern all aspects of conduct of the University and its employees in the relationship between the private support organization or donor and the University and its employees including, but not limited to, the following: A. Administration and investment of funds received by the organization for the benefit of the University; B. Use of an employee or property of the University by thp donor or organization; C. Service by an officer or employee of the University as an officer or director of the donor or organization; and D. Monetary enrichment of an officer or employee of the University by the donor or organization; Nothing in this policy requires that the University include only the above provisions as subject matter in the agreement between the University and the private support organization or donor. The Board has the responsibility to enter into that form of agreement which the Board, in the exercise of its statutory authority, determines is in the best interest of the University. Neither this policy nor any agreement entered into by the University may conflict or supersede a requirement of a state or federal statute regulating the conduct of a University employee or regulating the policies and procedures of the University. Source of Authority: Board of Regents Cross Reference: None Contact for Revision: President Forms: None 32 Appendix No. 7 BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY Nacogdoches, Texas RESOLUTION TO ACKNOWLEDGE REVIEW OF INVESTMENT POLICY AND STRATEGY WHEREAS, The Texas Public Funds Investment Act requires that each University's investment policy and strategy must be annually reviewed by the governing board of the institution; and WHEREAS, the law also requires the governing body to adopt a written instrument stating that is has reviewed the investment policy and strategy; NOW THEREFORE BE IT RESOLVED that the Stephen F. Austin State University Board of Regents, by the issuance of this Resolution, does hereby approve the investment policy and strategy as reviewed on February 4, 2004; and r BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of the February 4, 2004 meeting of the Board. Attest: Kenneth James, Chair Fred Wulf, Secretary Appendix No. 8 Policies for Board Review February 4, 2004 34 Appendix No. 8 34 Issuance and Control of Campus Keys B-15 Original Implementation: Unpublished Last Revision: July 17, 2001 February 4, 2004 The security of the University is the responsibility of several departments on campus. First, the University Police Department is responsible for the overall campus security. Second, the various department chairs are responsible for their respective areas. Third, the Physical Plant Department is responsible for providing a sound, secure area. A vital part of this system is the Lock and Key System of the University. Other than during normal working hours, all campus buildings will be locked. Faculty and staff may be issued keys to University buildings upon the request of the department head responsible for the building or area of the building. An authorized individual entering or leaving a locked building shall not permit any individual to enter who would not normally be permitted to enter the building during the hours it is locked. An authorized individual may have guests so long as the guests stay in the proximity of the faculty or staff member having the assigned key and the authorized individual assumes full responsibility for their presence. An individual entering or leaving a locked building shall be responsible for securing the door and may be held liable for any loss or damage to University property resulting from failure to do so. Each department head will be responsible for the issuance of keys to the employees in their area of responsibility and will be responsible for the level of security in that area. The Physical Plant will only issue keys to individuals at the written request of the department head. It will be the responsibility of the department chair of each area to maintain a record of who has been issued keys and to collect keys from departing employees. Master keys will only be issued when a signed request is received from the department chair and if there is any question about the requests, a verbal check with the department chair will be made. Physical Plant will make keys based on a written request but will not deliver keys through the mail. Departments may pick the keys up in plant or a locksmith will deliver the keys. The charge for making a key is $1 if picked up in plant. An additional delivery charge will be made for keys delivered to the department. If a key is lost or stolen, it should be immediately reported to both Physical Plant and to the University Police Department. Additional security measures are available and the Physical Plant will work with deans and department chairs to achieve a high level of security if required. Alarm Systems — alarm systems are available to departments through the University Police Department. Physical Plant is not responsible for the installation or maintenance of alarm systems. Physical Plant is responsible for the maintenance and upkeep of doors and locks to campus buildings. However, loss of integrity of lock systems due to loss of keys or inadequate record keeping at the department level is not the responsibility of Physical Plant. Physical Plant will rekey areas at the request of the department responsible, but there will be a charge for this service. University Police Department is responsible for locking and unlocking buildings and for determining the hours that buildings will be open. Requests for special events, schedule changes, etc. should be directed to the University Police Department. Requests for keys are made on a "Key Request" form that must be approved by the department head for the specific area. Requests may be mailed,"walked through," or submitted via the Physical Plant webpage work order. The Lockshop is open from 7:00 a.m. to 4:00 p.m., Monday through Friday. If a locksmith is not in the shop, plant will page a locksmith to return to the shop for immediate service. PI Source of Authority: Vice President for Business Affairs Cross Reference: None Contact for Revision: Director of Physical Plant Department Forms: Key Request (available from Printing Services) Return to Policy & Procedure Main Page P2 Property Transfer and Disposal B-24 Original Implementation: January 1, 1985 Last Revision: April 22. 2003January, 2004 Surplus or salvage property is not to be disposed of in any manner other than those described herein. Disposition of property acquired through Federal or State grants and contracts must respect the terms of the grant or contract under which it was acquired. Surplus Property is defined as any personal property that is in excess of the needs of the department and which is not required for its foreseeable need. Surplus property may be new or used but must have additional useful life. Salvage Property is defined as any personal property which through use, time or accident is so depleted, worn out, damaged, consumed, or outdated that it is obsolete and/or can no longer serve the purpose for which it was originally intended. TRADE-IN OF EQUIPMENT Before declaring property surplus or salvage a department may consider trading in the property on new property of the same general type when such exchanges are in the best interest of the University. Trade-ins must be included in vendor negotiations from the beginning; not added after completion of a contract. The requisition must include the following information about each piece of equipment to be traded in: description, inventory number, approximate age and condition; i.e., poor, good, working, not working, etc. It is the department's responsibility to remove and return the inventory number plate to the Property Manager. Trade-ins are offered "where is, as is, at the State's option" during the bid process. The final decision to trade is made after the bids have been received and an evaluation has been performed by Purchasing and the department. The evaluation must consider 1) the value to the University if the equipment can be utilized in another area for the same or other suitable purposes; 2) the value of the equipment if offered in a public sale. PROPERTY TRANSFERS BETWEEN DEPARTMENTS Property may be transferred from one department to another by the use of the Property Transfer Form (PTF). The form is to be signed by the department head transferring the equipment and by the department head receiving the equipment. After completion, all copies of the form are to be forwarded to the Property Manager. Section I is to be completed by the department transferring the equipment. The form and the physical property are to be forwarded to the department accepting responsibility for the equipment. P3 Section II is to be completed by the department receiving the equipment. Once the department head accepting the equipment signs the form, he/she is accepting responsibility for the care and control of the equipment. The completed form is to be forwarded to the Property Manager. After the transfer is recorded a copy of the PTF will be returned to the department head accepting responsibility for the equipment. Microcomputers transferred between departments for re-use as a microcomputer, whether for connecting to the internet or not, should be confirmed by the ITS Technical Support Group or the department's designated technical representative to insure it meets minimum standards for reliability, performance and compatibility with current versions of software. TRANSFERS TO SURPLUS When equipment is determined to be surplus or salvage and will not be transferred between departments, the department must contact the Property Manager. At the Property Manager's direction the department should complete Section I of the Property Transfer Form (PTF) for a transfer to Surplus. The PTF and equipment are to be delivered to the surplus storage area. The Property Manager may direct the department to provide documentation other than the PTF depending on the disposal action taken. Surplus or salvage property is not to be delivered to the surplus storage area or otherwise disposed of without first contacting the Property Manager. Once an item is declared surplus or salvage, the Property Manager will determine which disposal option best meets the needs of the University. Options for disposal will be considered in the order listed below: 1. re-use on campus through transfer to another department 2. cannibalization for part 3. sell or donate to another state agency 4. posting on the Coordinating Board web-site for purchase by or donation to a public school or school district (instructional materials only, including data processing equipment) 5. donation only to a political subdivision, school district, volunteer fire department or assistance organization classified under 501C 6. all remaining data processing equipment will be transferred to the Texas Department of Criminal Justice 7. all remaining items will be advertised for public sale 8. donation to a private non-profit entity P4 9. discarded TRANSFERS FROM SURPLUS Equipment declared surplus or salvage is available, without cost, for transfer to those departments in need of such equipment. Availability is on a first-come, first-serve basis after screening for the proposed purpose. Inspection of the equipment may be arranged by contacting the Property Manager. Microcomputers transferred from Surplus to departments for re-use as a microcomputer, whether for connecting to the internet or not, should be confirmed by the ITS Technical Support Group or the department's designated technical representative to insure it meets minimum standards for reliability, performance and compatibility with current versions of software. POSTING INSTRUCTIONAL MATERIALS TO THE COORDINATING BOARD WEB SITE All surplus items determined to be "materials or equipment that can be used for instructional purposes" will be posted to the Coordinating Board web site for direct transfer to a public school or school district. Posting may be for consideration or for no consideration as determined by the Property Manager. Disposal options 45-9 can not be considered until "materials or equipment that can be used for instructional purposes" has been posted to the Coordinating Board web site. Postings will be made for a minimum one (1) week. All items posted for one week but not transferred to a public school or school district will be disposed of following disposal options 45-9. If more than one public school or school district seeks to acquire the same property on substantially the same terms, the Property Manager shall give preference to a public school that is considered low-performing by the commissioner of education or to a school district that has a taxable wealth per student that entitles the district to an allotment of state funds under Subchapter F, Chapter 42, Education Code. TRANSFER OF DATA PROCESSING EQUIPMENT TO THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE Computer equipment meeting the definition of "materials or equipment that can be used for instructional purposes" will first be posted to the Coordinating Board web site following established rules. Any data processing equipment not posted and any data processing equipment not transferred to a school district shall be transferred to the Texas Department of Criminal Justice following established rules. P5 Data processing equipment means information technology equipment designed for the automated storage, manipulation, and retrieval of data by electronic or mechanical means. The term includes central processing units, front-end processing units, mini-processors, microprocessors, and related peripheral equipment such as data storage devices, document scanners, data entry equipment, terminal controllers, data terminal equipment, computer-based word processing systems other than memory typewriters, and equipment and systems for computer networks. Data processing equipment will not be disposed of in any manner other than Disposal Options 1-63, 4 and 5 described herein. PUBLIC SALE OF EQUIPMENT The Property manager shall determine prices and conduct a public sale on a regular basis. The Director of Purchasing and Inventory will review all items and sale prices prior to each sale. All sales will be advertised with time for all interested parties to view the items prior to the sale day. The Property Manager shall determine a method of access to the property on sale day which is fair and equitable to all interested parties and which prevents unnecessary traffic on campus by non-University personnel prior to the sale. The Property Manager is not eligible to purchase any item for which he/she has established pricing. No special privileges will be given to any employee or non-employee wishing to purchase surplus items. Proceeds from each sale of surplus property are credited, in the year of the sale, to a revenue category (E&G Surplus Sales or non-E&G Surplus Sales) corresponding to the fund from which the original purchase was made. Source of Authority: Texas Government code, Title 10, Subtitle D, Chapter 2175; Texas Government Code, Title 10, Subtitle B, Section 2054.003(3)(A); President; Vice President for Business Affairs Cross Reference: Property Inventory and Management Policy C-42 Contact for Revision: Director of Purchasing and Inventory Forms: Property Transfer Form (available in Purchasing and Inventory) Return to Policy & Procedure Main Page P6 Work Requests B-32 Original Implementation: December 7, 1987 Last Revision: My-4-7r3004- February 4, 2004 The Physical Plant Department does routine preventive maintenance based on importance, priority and available manpower. Maintenance is performed by the Physical Plant Department in response to requests made by individuals authorized to expend University funds. The Physical Plant Department will respond to the following categories of requests: 1. Routine Maintenance 2. Custodial Service 3. Disposal Service 4. Emergencies 1. Routine Maintenance. These requests should include anything of a normal nature that will not require emergency attention or alter the structure. Such requests include temperature control, minor plumbing or custodial problems, and minor electrical problems. Requests of this nature should be directed to the Physical Plant Department by telephone at 468-3206, fax 468-4446,e-mail, or by submitting a request on the Physical Plant website. The following information should be provided. a. Building name b. Department kc.Date of request cLer— Urgency of request (used to assign a work priority to each request) dre^Exact location of job f er— Detailed description of work needed £g.Person making the request/contact number h. Account number 2. Custodial Services. Requests for custodial services beyond normal cleaning activities by custodial personnel should be directed to the Manager of Custodial Services at 468-3905. 3. Disposal Services. Disposal services are administered through the Special Services Department in the Physical Plant Department at 468-5107. Paper and household garbage of campus residents are picked up regularly. Used building/classroom materials such as lumber, cement, clay, etc., and confidential records which must be destroyed will be picked up by Special Services upon request. 4. Emergencies. These requests, in the opinion of the requester, require immediate action to prevent endangerment of life and property damage. a. Broken water lines (inside or out) b. Utilities off P7 c. Smell of natural gas or burning d. Broken windows e. Commodes overflowing f. Water spills on floors g. Hazardous conditions Emergency requests should be reported immediately to the Physical Plant Department at 468-3206, or to the University Police Department at 468-2608 after normal working hours. Source of Authority: Vice President for Business Affairs Cross Reference: None Contact for Revision: Director of Physical Plant Forms: None Return to Policy & Procedure Main Page P8 Property Liability B-34 Original Implementation: April 22, 2003 Last Revision: None Any University employee entrusted with state property may be held financially liable for lost, damaged and stolen property as outlined in Texas Government Code 403.275. All University employees will be provided required to sign a written document for acknowledgement^ that he/she will from time to time be entrusted with the proper maintenance and safekeeping of State and University property. The Property Liability Acknowledgement form will also declare the employee's understanding that he/she will be held financially responsible for any property determined to be missing or stolen due to employee negligence. A person is financially accountable for any property loss sustained by the state if: (1) agency property disappears, as a result of the failure of the head of an agency, property manager, or agency employee entrusted with the property to exercise reasonable care for its safekeeping; (2) agency property deteriorates as a result of the failure of the head of an agency, property manager, or agency employees entrusted with the property to exercise reasonable care to maintain and service the property; or (3) agency property is damaged or destroyed as a result of an intentional wrongful act or of a negligent act of any state official or employee. If the head of the state agency or property manager has reasonable cause to believe that any property in the agency's possession has been lost, destroyed, or damaged through the negligence of any state official or employee, the head of the agency or property manager shall report the loss, destruction, or damage to the comptroller and the attorney general not later than the date established by the comptroller. If the head of the state agency or property manager has reasonable cause to believe that any property in the agency's possession has been stolen, the head of the agency or property manager shall report the theft to the comptroller, the attorney general, and the appropriate law enforcement agency not later than the date established by the comptroller. The attorney general may investigate any report received. If an investigation by the attorney general reveals that a property loss has been sustained through the negligence of a state official or employee, the attorney general shall make written demand on the official or employee for reimbursement of the loss. P9 If the demand made by the attorney general is refused or disregarded, the attorney general may take legal action to recover the value of the property as the attorney general deems necessary. Venue for all suits instituted under this section against a state official or employee is in a court of appropriate jurisdiction of Travis County. Source of Authority: Texas Government Code Ann. Sec. 403.271 (a) through 403.278; 2203.004; President; Vice President for Business Affairs Cross Reference: Property Transfer and Disposal, Policy B-24; Property Inventory and Management, Policy C-42 Contact for Revision: Director of Purchasing and Inventory Forms: Property Liability Acknowledgement Form Return to Policy & Procedure Main Page P10 Annual Budget Preparation Original Implementation: March 1, 1989 C-2 Last Revision: February 4. 2004January 30. 2001 Preparation of the Annual Operating Budget is coordinated through the office of the Vice President for Business Affairs. Guidelines are established by the President based upon legislative appropriations, student fees and other local income, non-pledged and pledged auxiliary system student fees and other income, available Higher Education Assistance Fund, and estimates of other fund revenues. Guidelines will reflect current legislative appropriation riders in effect and any other legal restrictions. Budgets will be prepared by operating department heads, submitted to the next appropriate level of review, then-to the Vice President in charge of the division, and finally to the President for review, and then to the Board of Regents for final consideration. The schedule for preparation of the budget will be determined by the Vice President for Business Affairs in association with the Presidents Cabinet. Generally the schedule wilt-may allow for Board of Regents review in April on even-numbered years and for review in July for odd-numbered years. Approved budgets will be announced to the University departments through administrative channels following approval of the Board of Regents. All budgets are based on available funds and no expenditures may be made except as provided for in the approved budget or in accordance with changes approved by the Board. SOURCE OF AUTHORITY: Vice President for Business Affairs CROSS REFERENCE: None CONTACT FOR REVISION: Vice President for Business Affairs FORMS: None NOTE: This policy was tabled. It will return to the agenda for review at the April 20 Board Meeting. pn Best Value Procurement C-7 Original Implementation: January, 1988 Last Revision: April 30, 2002January, 2004 PROCUREMENT PROCESSES Stephen F. Austin State University makes purchases, not otherwise delegated through Policy C-10 Delegated Purchasing Authority, goods and services on a best value basis through any of the following processes.including 1) competitive bidding: 2) competitive sealed proposalst-^^afefclog^ or 5) open market contract All purchases completed with state funds must first consider making the purchase from Texas Industries for the Blind and Handicapped (TIBH) as mandated by the state to promote the purchase of goods or services from persons with disabilities. The University may purchase goods or services through competitive sealed bid procedures with the following limits established for solicitations: a. $0 - $5000 Printing - Requires 2 bids when using state funds b. $0 - $5000 All other products and services - Contract negotiation of best value c. $5000.01 - $24,999.99 - Minimum 3 informal bids required; minimum 50% HUB vendors including one woman-owned and one minority-owned d. $25,000 - $49,999.99 - Minimum 5 formal bids required; minimum 50% HUB vendors including one woman-owned and one minority-owned; Texas Marketplace posting required. e. $50,000 - $99,999.99 - Minimum 5 formal bids required; minimum 50% HUB vendors including one woman-owned and one minority-owned; Board of Regents approval required; Texas Marketplace posting required. f. $100,000 and greater - Minimum 5 formal bids required; minimum 50% HUB vendors including one woman-owned and one minority-owned; HUB Subcontracting Plan required; Board of Regents approval required; Texas Marketplace posting required The University may purchase good or services through the process established in Government Code, Title 10, Subtitle D, Subchapter C, Section 2156 for the acquisition of goods and services by the competitive sealed proposal process. a. All competitive sealed proposals shall include an appropriate number of solicitations to be determined by the Purchasing Department, including HUB vendors of any gender and ethnicity when identified as providing the good or service identified. P12 b. $25,000 - $49,999.99 - Texas Marketjja^^^ c. $50,000-$99,999.99 - Board of Regents approval required; Texas Marketplace posting required d. $100.000 and greater - HUB Subcontracting Plan required; Board of Regents approval required; Texas Marketplace posting required The University may purchase goods or services through the process established in Government Code, Title 10, Subtitle D, Subchapter C Section 2157 for the acquisition of automated information systems goods and services by the catalog purchase procedure. Use of this procedure requires the award be made to a Catalog Information Systems Vendor (CISV) as identified by the TBPC. a. $0 - $2000 - Contract negotiation of best value b. $2000.01 - $24,999.99 - Minimum 3 informal price comparisons required; minimum 50% HUB vendors including one woman-owned and one minority-owned c. $25,000 - $49,999.99 - Minimum 5 formal price comparisons required; minimum 50% HUB vendors including one woman-owned and one minority-owned; Texas Marketplace posting required. d. $50,000 - $99,999.99 - Minimum 5 formal price comparisons required; minimum 50% HUB vendors including one woman-owned and one minority-owned; Board of Regents approval required; Texas Marketplace posting required. e. $100,000 and greater - Minimum 5 formal price comparisons required; minimum 50% HUB vendors including one woman-owned and one minority-owned; HUB Subcontracting Plan required; Board of Regents approval required; Texas Marketplace posting required. f. $0 - Up - Catalog purchases may be made directly from a CISV without price comparisons when such purchase is the best value available and is in the state's best interest. HUB Subcontracting Plan and Board of Regents approval requirements still apply based on the dollar amounts above. The University may purchase goods or services through group purchasing programs. a. $50,000 - $99,999.99 - Board of Regents approval required b. $100,000 and greater- HUB Subcontracting Plan required; Board of Regents approval required. P13 The University may purchase goods or services through the open market procedure established in Government Code, Title 10, Subtitle D, Subchapter C, Chapter 2155.082. The University may purchase goods or services through State of Texas Term Contracts, State of Texas Multiple Award Schedules, and DIR/Tex-An Contracts. The University may purchase goods or services through reverse auctions. The University may purchase goods or services through other state agency contracts when such contracts are available and have followed approved purchasing processes. In determining best value, the University shall consider: 1) the purchase price; 2) the reputation of the vendor and of the vendor's goods or services 3) the quality of the vendor's good or services; 4) the extent to which the goods or services meet the University's needs; 5) the vendor's past relationship with the University; 6) the impact on the ability of the University to comply with the laws and rules relating to historically underutilized businesses and to-the procurement of goods and-services from persons with disabilities; 7) the total long term cost to the University of acquiring the vendor's goods or services; 8) any other relevant factor that a private business entity would consider in selecting a vendor; and 9)4he-use-e£fftaterial in ceiisteHe&onor repair-te-feal propei^y-that is single vendor-unless the University provides written justification in the request for bids for use of the unique material specified. The following limits afe-established fei:-eempetitive^d4fflg-ai:^d-eatateg-purchase solicitations ar-$0—up Procurement of goods and services from persons with disabilities (TIBH) must be considered when-using state funds b. $0 $5000 Printing—Requires 2 bids when using state funds er-SQ ■ $5000 All-other products and services—Contract-negotiation of best-value P14 i—$3Sj000—MkamHM^ vendors including one woman-owned and one minority-owned e. $25,000.01 $19,999.99—Minimum 5 formal bids required; minimum 50% HUB venders including ofie-w^efflan-ewHed-af^one minority ov^edt-^Texas-Mar-ketplaee posting required. f. $50,000 $99,999.99 Minimum 5 formal bids required; minimum 50% HUB vendors ffletedmg one woman-owned aRd-^ne-fflieeri^~ewf^t-Boafd-ef Regents approval required; Texas Marketplace posting required. g. $100,000 and greater—Minimum 5 formal bids required; minimum 50% HUB vendors kM^drng-^fte-^wemaft-owned and ane-mifteHty" owned; HUB-Subeontractmg-Plan required; Board of Regents approval required; Texas Marketplace posting required The University may use the process established in Government Code, Title 10, Subtitle D, Subchapter C, Section 2156 for the-aequisition of goods mid sendees by the competitive sealed proposal process a. All competitive sealed proposals shall include HUB vendors of any gender and ethnicity when identified as providing the good or b. Texas Marketplace posting required for all procurement opportunities expected to exceed $25,000. c. All competitive sealed proposals expected to exceed $50,000 require Board of Regents approval. dr-All competitive sealed-proposals expeeted to exceed $100^000 require Beard-of Regents approval and the submission of a HUB Subcontracting Plan. The University may purchase goods or services through group purchasing programs. a. All group purchases exceeding $50,000 require Board of Regents approval: b. All group purchases exceeding $100,000 require Board of Regents approval. EMERGENCY PURCHASES An emergency purchase is defined as the purchase of goods or services that are so badly needed that the agency will suffer financial or operational damage if they are not secured immediately. A procurement may be declared an emergency at the buyer's discretion in consultation with the end user and upon approval by the Director of Purchasing. Declaration of an emergency supercedes all other best value procurement rules. Orders less than $5000 are not considered emergencies. P15 a. $5000.01 and greater - obtain bids, price comparisons or proposals when sufficient time exists utilizing the most effectiveOrders exceeding $5000 should be hid procurement process when sufficient time exists. b^Qfders exceeding-$25,000 and greater - Texas Marketplace posting required if bids. price comparisons or proposals are solicited as noted above and if the buyer determines that value would be added by utilizing the Texas Marketplace, require Texas Marketplace An emergency is defined by the answer to the following questions: is the eme^^fley-and/^^-what-eaHsed-the emergency? b. What financial or operational damage will occur it needs are not satisfied immediately? c. Why could the needs-sot be anticipated so that proper pFeee4wes-em^-be-fellow@4? EXEMPT PURCHASES The following purchases are exempt from competitive bktdmgbest value procurement processes. Submission of a purchase requisition and other rules may apply. (Par Classified Advertising (2)br Hotels and Conference Rooms (3}er Conference Expense; expenses related to conference room services such as audio/visual/network and food services, (does not include goods purchased for attendees or transportation services.) (4}dr Moving Expenses (employee) — See Policy C-21 Moving Expenses (5)er Student Travel; expenses related to student travel [6}£ Library materials for Stephen F. Austin State University Libraries, in accordance with Gov't Code 2155.139, when such exemption represents the best value to the University (7}gr Membership fees and dues (8}hr Newspaper and magazine subscriptions, books, videos and software direct from the publisher h Freight P16 (10)j- Intra-agency payments (1 Dfer Rental of exhibit space; i.e., booths for display purposes £j_2)fflr Goods and services provided by the Texas Industries for the Blind and Handicappedltems for resale (13)bt Internal Repairs (14)ot Purchases from Federal agencies (15)fir Utilities, other than electricity for which SFA chose to opt into deregulation (16)qr Goods and services for thean Organized Activity (Early Childhood Lab, Beef Farm, Dairy Farm, Poultry Farm, Broiler Houses. and_Swine Farm); when the purchase directly affects operations and such exemption represents the best value to the University r. Purchases from other State Agency contracts, when such exemption represents the best value to the University BEST VALUE DETERMINATION In determining best value for all procurement processes except Catalog Purchase Procedure, the University shall consider best value factors identified in Education Code 51.9335. In determining best value for Catalog Purchase Procedures, the University shalll consider best value factors identified in Government Code 2157.003. BID SUBMISSION, BID OPENING, AND TABULATION ar-Bid Submission (1)t Prospective bidders may request specific bid invitations from the Purchasing Department at any time prior to the bid opening; (2)t A bidder may withdraw its bid by written request at any time prior to the bid opening date and hour; (3)t A bid received after the time and date established by the bid invitation is a late bid and will not be considered; (4)t A bid received which does not contain adequate bid identification information on the outside of the envelope will be opened to obtain such information and will then be P17 processed as any other bid. If the incorrect information on the envelope causes the bid not to be considered in making an award, the bid will be considered invalid and rejected; (5)t Bids may be submitted by telefacsimile (fax). The telephone number for fax bid submission will be identified in the solicitation; no other number may be used for bid submission. Bids submitted by fax need not be confirmed in writing, but must comply with all legal requirements applicable to formal bids. If all or any portion of a bid submitted by fax is received late, is illegible, or is otherwise rendered non-responsive due to equipment failure or operator error, the bid or the applicable portion of the bid will not be considered. The university shall not be liable for equipment failure or operator error, nor will such failure or error require other bids to be rejected or the bid invitation to be re-advertised. 6. Bids by telegram are not allowed; )t An unsigned bid is not valid and will be disqualified; £7&}t A bidder or department may request, in person at the bid opening, that bids be read aloud. No bid shall be required to be read aloud at any time other than during regular working hours and days; (89}t When formal bids are required, bids may not be taken or accepted by telephone; (9W> If an error is discovered in a bid invitation, or agency departmental requirements change prior to the opening of a bid, the Purchasing Department will transmit an addendum correcting or changing the specifications to all bidders originally listed on the transmission list for that bid invitation. Bids will not be rejected for failure to return the addendum with the bid, unless otherwise noted, if the ehangereceipt of the addendum is ne^edacknowledged on the face of the bid.-or the product or serviee-specification would not be changed by the addendum; kr-Bid opening and tabulation. (1)t All bid openings conducted by the Purchasing Department shall be open to the public. [2)t Bid opening dates may be changed and bid openings rescheduled if bidders are properly notified in advance of the opening date. (3)t If a bid opening is canceled, all bids which are being held for opening will be returned to the bidders. (4}t All bid tabulation files are available for public inspection. Bid tabulations may be reviewed by any interested person during regular working hours at the offices of the Purchasing Department. Employees of the university are not required to give bid tabulation information by telephone. P18 Source of Authority: Texas Education Code, Chapter 51.93 35(a)—(b); President; Vice President for Business Affairs Cross Reference: Policy D-20.5 Items Requiring Board of Regents Approval, Index-D- 2QS; Policy C-16.5 Historically Underutilized Businesses, Index C 16.5; Policy C-10 Delegated Purchasing Authority Contact for Revision: Director of Purchasing and Inventory Forms: None Return to Policy & Procedure Main Page P19 COMPUTER EQUIPMENT C-8 PURCHASES Original Implementation: December 8, 1987 Last Revision: Jafiuary-3^r-2QQ4 February, 2004 The term "computer-related items" as used in this policy refers to computer-related hardware, software and services. Purchases of computer-related items should be approved through the appropriate administrative channels. It is the responsibility of the department head/account manager to have sufficient knowledge of the purchasing procedures required by the State of Texas for computer-related items when initiating such purchases and to seek the assistance of the Director of Information Technology Services and the Director of Purchasing as needed. Although users are responsible for such purchasing decisions, personnel in the computer center are available for consultation and can help to determine the feasibility of proposed acquisitions as each relates to consistency with the University's long range computing plan and with campus computing resource capabilities, and their effective interface/function with existing campus networks. T As needed, the Purchasing Department will provide the Director of Information Technology Services with a copy of the purchase of computer-related items. This will assist the Director in the preparation of computing reports required by the State of Texas on a regular basis. SOURCE OF AUTHORITY: President CROSS REFERENCE. None CONTACT FOR REVISION: Director of Information Technology Services FORMS: None P20 Delegated Purchasing Authority C-10 Original Implementation: Unpublished Last Revision: October 17, 2002January, 2004 Stephen F. Austin State University adheres to a policy of centralized purchasing for the purposes of: 1. insuring compliance with state and federal laws, rules, and regulations; 2. protecting the University from unauthorized acquisitions of supplies, equipment and services; 3. providing budgetary control and coordination; 4. insuring fair and ethical business practices; and 5. providing savings through consolidation of requirements, standardization of products where appropriate, and competitive bidding. The Purchasing Department, under supervision of the Director of Purchasing and Inventory, has sole authority for the negotiation and purchase of all goods and services for the University with the exception of items listed in-fedex- Policy D-20.5, Items Requiring Board of Regents Approval and the following specific delegations that exist under proper administrative approval. 1. The Manager of the University Bookstore is authorized to purchase books and other general merchandise for resale as required for efficient operation of the store. 2. The Director of the University Libraries is authorized to purchase books, periodicals, journals, and other related materials needed to maintain University resource material collections. 3. The Curator of the Stone Fort Museum is authorized to purchase general merchandise for resale in the museum gift shop. 4. The Physical Plant is authorized to make purchases up to $2000 with pre-assigned requisition numbers for completion by the Purchasing Office with the same number. 5. Account Administrators are authorized to make local purchases of items costing $500 or less through the Local Purchase Authorization procedures. See Local Purchase Authorization, Policy C-20.A. 6. Account Administrators are authorized to make on-line office supply purchases with a requisition # , if a ProCard is not available for the account being used. 7. Employees are authorized to make procurement card purchases of items costing $2000 or less through the Procurement Card procedures. See Procurement Card, Policy C-44. 8. Employees without Procurement Cards or access to LPA's may make purchases approved by the Account Manager, and request reimbursement ONLY when other purchase options are not possible or available. Taxes will not be reimbursed. 9. Employees are authorized to provide to vendors authorized PO numbers issued by the Purchasing office (teiepPhone PO). In most cases the requisition must be entered and approved on-line before the PO# is issued. When determined appropriate by the Purchasing Office, the PO# may be issued without a requisition. In such cases, the requisition must be entered on-line within 24 hours, and referencing the PO#. P21 10. Certain payments may be made by completing a voucher for submission to the Controller's Office. See Policy C-3 U Purchase Voucher, Policy C-31. 11. All other purchases are to be submitted as a formal request for the Purchasing Department to secure a good or service. See Policy C-30, Purchase Requisition^ All official correspondence other than that delegated above; i.e., bids, purchase orders, correction, cancellations, etc. shall be issued by the Purchasing Department. UNAUTHORIZED PURCHASES MADE OUTSIDE OF DELEGATED AUTHORITY Unauthorized purchases, regardless of the dollar amount, present problems for the Purchasing Department, Accounts-Payable, vendors, and-end users. They-er-eate unnecessary work. Also, the individual responsible for the unauthorized purchase may be held personally liable for payment. Any person responsible for initiating an unauthorized pwehase^^onsibility-will-be determined by the Department Head, Dean, and/or Vice President) will be held personally accountable until the transaction is resolved. Resolution options are: A. To submit a letter signed by the individual, department head, dean, AND the Vice President, which must include: -+=—Description of the goods or services purchased; -2;—Reason for making the purchase without proper authority/delegation; and -^—Measures that will be taken to avoid recurrence of an unauthorized purchase in the T| if | lyr* 111 I Hi I*. B. To return goods to the vendor for full credit. The individual may be required to pay s, if any. C. To pay for the goods or services personally from own funds, NOT from University faftdsrUnauthorized purchases are purchases charged to the University without utilizing one of the delegations stated above. The department head/account manager may or may not approve payment from University funds for an unauthorized purchase or any associated late fees. Unauthorized purchases that are approved for payment are to be submitted to the Purchasing Office through the purchase requisition procedure. On-line approval through established department approval structures will constitute approval by the department head/account manager. The department head/account manager approving an unauthorized purchase is responsible to insure that the account used for payment has sufficient funds. The individual making the purchase is responsible to request approval from the department head/account manager and submit the invoice to accounts payable within 30 days of the purchase to avoid mandated payment of late fees. P22 If payment of the unauthorized purchase and/or any late fees is not approved, the individual making the purchase will be responsible foripj^mejQt to the vendor for any portion of the payment due but not approved. Source of Authority: Vice President for Business Affairs Cross Reference: NoeePolicy D-20.5 Items Requiring Board of Regents Approval; Policy C-20.A Local Purchase Authorization; Policy C-30 Purchase Requisition; Policy C-31 Purchase Voucher Contact for Revision: Director of Purchasing and Inventory Forms: Approval of Unauthorized Commitment of University Funds Return to Policy & Procedure Main Page P23 Historically Underutilized Businesses C-16,5 Original Implementation: August 2, 1994 Last Revision: July 25, 2002January, 2004 MISSION The mission of the Stephen F. Austin State University Historically Underutilized Business (HUB) program is to insure that all vendors, including Historically Underutilized Businesses, receive full and equal opportunity to participate in contracting opportunities by encouraging the use of HUBs through race-, ethnic-, and gender-neutral policies. COMMITMENT In accordance with Texas Government Code, Title 10, Subtitle D, Chapter 2161, and 1 Texas Administrative Code section 111.11 through 111.28, Stephen F. Austin State University will make a good faith effort to utilize Historically Underutilized Businesses (HUBs) in contracts for construction, services, including professional and consulting services,, and commodities contracts. The University is committed to making a good faith effort to increase business with HUBs by setting goals that recognize both underutilized and overutilized businesses identified in the State of Texas Disparity Study. The Texas Building and Procurement Commission (TBPC) HUB Rules, 1 TAC 111.11 111.28 encourages the use of HUBs by implementing these policies through race ethnic and gender neutral means. Heavy Construction other than building contracts Underutilized Goals - 6.6% (BL, HI, AS, AI) Overutilized Goals - 5.3% (WO) Building Construction including general contractors and operative builders contracts Underutilized Goals - 25.1% (BL, HI, WO) Overutilized Goals - 1.0% (AS, AI) Special Trade construction contracts Underutilized Goals - 47.0% (BL, HI) Overutilized Goals - 10.2% (AS, AI, WO) Professional Services Contracts Underutilized Goals - 18.1% (BL, HI, WO) Overutilized Goals - 1.9% (AS, AI) Other Services contracts Underutilized Goals - 33.0% (BL, HI. AS, AI, WO) Overutilized Goals - None Commodities contracts Underutilized Goals - 11.5% (BL, HI, WO) Overutilized Goals -1.1% (AS, AI) Al-American Indian; AS-Asian American; BL-Black American; HI-Hispanic American; WO-Woman P24 ADMINISTRATION The Director of Purchasing and Inventory shall serve as the official HUB Coordinator, ensuring full participation in the HUB program by the Purchasing Department and that purchasing policies are written to ensure HUBs have maximum opportunity to participate in all procurement opportunities. The purpose of the HT JR Program in tn promote full and equal business opportunities for all businesses in State contracting in accordance with the goals-speeified in the State-e GOALS In development of a HUB plan in accordance with Texas Government Code, Chapter 2161.123, the University has established the following goals and specific programs. Goal #1 The University's specific goals have been adjusted to eliminate "ovcrutilized" HUB identified in the State of Texas Disparity Study and are as follows.The University will ensure that best value procurement policies regarding solicitations are written to meet or exceed the State's HUB solicitation requirements. Heavy Construction other than building contract Building construction including general contractors and operative builders contracts Special trade construction contracts 47.0% Professional Services contracts Other Services contracts Commodities contracts P25 A.Ar Best value procurement opportunitiesSolicitations over $5,000, but less than $25,000 feyakewill include at least three informal bkksolicitations, including half from certified HUB vendors. BB. Best value procurement opportunitiesSolicitations over $25,000 Fequirewill include at least five formal bidssolicitations, including half from certified HUB vendors. CG. Formal best value procurement opporfaftkiessolicitations will be posted to the Purchasing Department web site. DO. Bes^vakaeiSFeeufem^^ exceeding $25,000 will be posted to the Texas Marketplace. EE. Best value procurement opportunitiesSolicitations $100,000 and greater will require a HUB Subcontracting Plan (HSP) to be submitted as a-required by 1 TAC Section 111.14. See Goal #3. F. Opportunities for subcontractors will be posted on the SFA Purchasing web-site and on the Texas Marketplace, when appropriate and upon request by the construction manager, architect, engineer, etc. Goal #2 The University will pursue various forms of outreach to identify certified and non-certified HUB vendors with which to develop a business relationship. Vendors will be advised of and/or assisted with the State's certification process. A. The University Purchasing Department will host a vendor fair at which vendors across the state will be invited to participate. Vendors will be provided with information regarding how to do business with the University, as well as information about the HUB certification process, and other state rules and guidelines. The University campus, other state agencies, ISO's, and city and county governments will be invited to attend and make procurement opportunities available. HUB vendors will be clearly identified on their company label and in the program. B. The HUB Coordinator and/or Purchasing Department buyers will attend and participate in ethef-economic opportunity forums in the Houston, Dallas and Austin Metroplexes and East Texas. C. The University Purchasing Department will utilize the HUB directory provided by the TBPC on-line when selecting potential suppliers and subcontractors for commodities, services, and construction contracts. P26 D. The HUB Coordinator will anafyze-e-xpe*idite produce a mail piece to target-various groups, i.e. speeifie-service vendors, vendors by city or county, vendors by dollar amount, etc., and notify them of the State's HUB certification process if the HUB Coordinator determines that a mail piece would be beftefieiakwork with the local chamber and other business organizations to present upon request a seminar on how to do business with the University. The seminar will include the University's HUB program and information about the HUB certification process. E. The University Purchasing Department will send a mail piece to all new Texas vendors added to the PRSUniversity's vendor database advising them of the State's HUB certification process. F. The University will host at least one HUB forums per yearas-**eeded-to introduce ^tential HUBs to upcomiung construction and/or renovation projects, in which a HUB vendor is invited to present their business to appropriate procurement personnel from the Purchasing Office as well as end users with delegated purchasing authority. When appropriate, contracted construction managers or architect/engineers will be invited to attend. Goal #3 Stephen F. Austin State University will seek to contract with HUBs indirectly through subcontracting opportunities in accordance with Texas Government Code, eChapter 2161, Subchapter F and Commission HUB Rules, 1 TAC Section 111.14. A. All procurementsSolicitations $100,000 or greater will require the University to prepare the bid document includgmg HUB Subcontracting Plan (HSP) requirements as developed by the HUB Coordinator. Potential biddersRespondents will be required to submit a HUB Subcontracting Plan (HSP) as pfevidedrequired by the bktsolicitation documents in order for the bktresponse to receive consideration. B. Contractors will be forwarded information about the University's mentor-protege program at the time of award of construction contracts. C. The University HUB Subcontracting requirements allow bidders to use a subcontractor with whom they are engaged in a registered mentor-protege agreement in lieu of soliciting other HUB subcontractors. D. Contractors will be advised that the Purchasing office will post subcontracting opportunities on the SFA Purchasing web-site and the Texas Marketplace upon request. Goal #4 P27 The University will establish educational training for personnel making procurement decisions to assure compliance with stated objectives. A. The University Purchasing Department will publish a newsletter which will, from time to time^ includinge HUB information. B. The University Purchasing Department will conduct training seminars for all campus departments advising them of all current purchasing policies and procedures, including HUB good faith effort requirements. C. ProCard training will include an emphasis on the need to make small purchases from HUBs and will include a list of HUB vendors for the most common purchases made with D. Regular training for the use of the on-line requisition system will include an introduction of general purchasing policies and guidelines. This introduction will include information regarding the requirements to make a good faith Purchasing Department will maintain a web-site providing HUB resources for SFA departments. E. The University Purchasing Department will host at least one HUB forum per year in which HUB vendor(s) are invited to present their business to appropriate procurement personnel from the Purchasing Office as well as end users with delegated purchasing authority. Goal #5 The University will gather HUB data to comply with statethe reporting requirements of Texas Government Code, Title 10, Subtitle D, Chapter 2161 and 1 Texas Administrative Code sections 111.11 through 111.28. A. Semi-annual and annual report data will be submitted within the timeframe and in the format required by TBPC. B. Semi-annual and annual reports will be scrutinized closely for correct vendor number data. C. HUB Subcontracting information will be compiled on a monthly basis and reported semi-annually and annually. D. Monthly HUB reports will be submitted to the President of the University providing HUB expenditure data for each vice presidential division. Goal #6 P28 The University will devetopmaintain a program to foster long-term relationships between leaders of mature established companies and emerging minority and women owned companies (that are HUB certified or eligible to be HUB certified) in order for the latter to benefit from the knowledge and experience of the established firms, A. The University offerswill implement a Mentor-Protege program patterned after the TBPC program and in accordance with Government Code 2161.065. B. The University will sign Memorandums of Understanding with organizations such as SCORE and the Angelina Procurement Assistance Center to assist in developing the mentor-protege agreement and analyzing the protege's business plan. C. The University's Mentor-Protege program will be advertised at all HUB Economic Opportunity Forums attended. D. Vendors with whom expenditures of $100,000 or more are recorded annually will receive an annual mailing with information about the University's mentor-protege program requesting that they consider participating. Source of Authority: Board of Regents, President, Vice President for Business Affairs Cross Reference: Texas Government Code, Title 10, Subtitle D, Chapter 2161; and Texas Administrative Code, sections 111.11 through 111.28, Policy C-7 Best Value Procurement Contact for Revision: Director of Purchasing and Inventory/HUB Coordinator Forms: None Return to Policy & Procedure Main Page P29 Investments C-41 Original Implementation: April 30, 1996 Last Revision: July 25, 2002-February 4, 2004 Policy Statement Stephen F. Austin State University invests the public funds in its custody with primary emphasis on the preservation and safety of the principal amount of the investment. Secondarily, investments must be of sufficient liquidity to meet the day to day cash requirements of the University. Finally, the University invests to maximize yield within the two previously indicated standards. All investments within this policy conform to all applicable State statutes and local rules governing the investment of public funds. This policy is promulgated in accord with the Public Funds Investment Act (Government Code, Chapter 2256), related portions of the Texas Education Code, and the applicable portions of H. B. 2459, 74th Texas Legislature. This policy establishes rules for the investment of all University and agency funds except endowment funds. Endowment funds are invested in accordance with separate policy approved by the Board of Regents and are the responsibility of fund managers selected by the Board of Regents. Objectives The foremost objective of all investment decisions shall be safety of principal. All investments must be undertaken with the fiduciary responsibility associated with that of a reasonable and prudent person. Investments must be in accord with Texas law. Investment maturity must be diversified to match the University's liquidity requirements. Investments shall incur no unreasonable risk in order to maximize potential income. Investments shall remain sufficiently liquid to meet all reasonably anticipated operating requirements. Investments may be diversified in order to respond to changing economic and/or market conditions. No investments within the portfolio or investment practices conducted to effect investment activities shall violate the terms of this policy. Authorized Investments NOTE: This policy was tabled. It will return to the agenda for review at the April 20 Board Meeting. P30 All University funds and funds held in trust for others may be invested only in the following securities: A) obligations of the United States of America, its agencies and instrumentalities; B) direct obligations of the State of Texas or its agencies and instrumentalities; C) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States of America, the underlying security for which is guaranteed by an agency or instrumentality of the United States of America; D) other obligations, the principal of and interest on, which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the State of Texas or the United States of America or their agencies and instrumentalities; E) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm of not less that A or its equivalent; F) certificates of deposit issued by a state or national bank or savings and loan association domiciled in Texas that is: 1) guaranteed or insured by the Federal Deposit Insurance Corporation; 2) fully collateralized by obligations described in Authorized Investments section A-E listed above, including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the following nature: a) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgaged-backed security collateral and pays no principal; b) obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest; P31 c) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and d) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. G) fully collateralized repurchase agreements with a definite termination date, secured by obligations described by Authorized Investments section F, requiring the securities being purchased by the entity to be pledged to the entity, held in the entity's name, and deposited at the time the investment is made with the entity or with a third party selected and approved by the entity; and placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state; H) bankers acceptances having a stated maturity of 270 days or fewer from the date of issuance, to be liquidated in full at maturity, eligible for collateral for borrowing from a Federal Reserve bank, and accepted by a bank organized and existing under the laws of the United States of America or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-l or P-l or an equivalent rating by at least one nationally recognized credit rating agency; I) commercial paper that has a stated maturity of 270 days or fewer from the date of its issuance, and is rated not less than A-l or P-l or an equivalent rating by at least two nationally recognized credit rating agencies or one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States of America or any state; J) no-load money market mutual funds regulated by the Securities and Exchange Commission, having a dollar-weighted average stated maturity of 90 days or fewer, and including in their investment objectives the maintenance of a stable net asset value of $1 for each share; K) guaranteed investment contracts conforming to Section 2256.015 of the Government Code; L) investment pools conforming to Section 2256.016 of the Government Code; P32 M) cash management and fixed income funds sponsored by organizations exempt from federal income taxation under Section 501(f), Internal Revenue Code of 1986 (26 U.S.C. Section 501(f)); N) Assets and/or funds reportable within the scope of the University's annual financial report may not be invested in or used to purchase securities, including obligations, of a private corporation or other private business entity that owns 10% or more of a corporation or business entity which records or produces any song, lyrics or other musical work that explicitly describes, glamorizes or advocates: (1) acts of criminal violence, including murder, assault, assault on police officers, sexual assault, and robbery; (2) necrophilia, bestiality, or pedophilia; (3) illegal use of controlled substance; (4) criminal street gang activity; (5) degradation or denigration of females; or (6) violence against a particular sex, race, ethnic group, sexual orientation, or religion. Insurance or Collateral All deposits and investments of University funds other than direct purchase of United States Treasury securities or United States Agency securities and in money market funds invested in U. S. Treasury or Agency securities shall be secured by a pledge of collateral with a market value equal to no less than 100% of the deposits or investments less any amount insured by the FDIC or FSLIC and pursuant to Article 2529d, the Public Funds Collateral Act. Evidence of the pledged collateral associated with bank demand accounts shall be maintained by the University Controller. Evidence of the pledged collateral associated with investments shall be maintained by the Director of Financial Services. Eligible repurchase agreements shall be documented by a specific agreement noting the collateral pledged in each agreement. Collateral shall be reviewed monthly by the Controller and Director of Financial Services to assure the market value of the securities pledged equals or exceeds the related bank and certificates of deposit balances. Pledged collateral shall be maintained for safekeeping by a third party depository. Collateral Defined The University shall accept only the following securities as collateral: P33 A) FDIC and FSLIC insurance coverage; B) United States Treasury, Agency, or Instrumentality securities; C) Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States of America; D) Obligations of states, agencies thereof, counties, cities, and other political subdivisions of any state having been rated as to investment quality by a nationally recognized investment rating firm and having received a rating of no less than A or its equivalent. Investment Strategy All investments will be made in accordance with the University's Investment Policy. Investments may be diversified as needed to provide investment suitability to the University's financial requirements. The preservation and safety of principal is the first priority, however, it is recognized that unrealized losses will occur in a rising interest rate environment, just as unrealized gains will occur during periods of falling interest rates. Investments will be of the type to provide sufficient liquidity and marketability for any operating requirements. The investment portfolio may be diversified with authorized securities to accommodate changing market conditions. However, United States Treasury securities are preferable because of their low risk and high liquidity. An investment decision shall consider yield only after the requirements for principal preservation, liquidity, and marketability have been met. Investments may be categorized and described as: A) Short Term - less than 90 days Funds needed to meet short term operating requirements normally will be invested in either the Texpool investment vehicle managed by the State Treasurer or overnight sweep accounts established with banking institutions. The benchmark is the average three month Treasury Bill yield. B) Intermediate Term - 90 days to one year United States Treasury and Agency securities, United States Agency Discount Notes are the primary investment vehicles. United States Treasury securities are preferable because of their low risk and the ease with which they are traded. The benchmark is 95 percent of the average one-year Treasury Bill yield. C) Long Term - over one year P34 United States Treasury and Agency securities are the primary investment vehicles. Normally, investments are laddered so that most principal is returned over a five year period in increments sufficient to meet anticipated operating and capital needs. The 30 Year Treasury Bond rate is the benchmark for long term funds. D) Maturity The length of time for investments within this policy will vary according to fund type and will be dependent on funding requirements. As a general rule, funds will be invested for the time periods indicated: Current Unrestricted and Restricted 2 days to one year Funds Plant Funds 3 months to 3 years Delegation of Authority The Vice President for Business Affairs (VPBA) of Stephen F. Austin State University is responsible for investment management decisions and activities. The VPBA delegates the day-to-day management of the investment activities to the Director of Financial Services. The VPBA shall be ultimately responsible for all transactions undertaken and shall establish a system of controls (Appendix A) to regulate the activities of officials and staff involved in investment transactions. The VPBA shall develop and maintain written administrative procedures and guidelines for the operation of the investment program which are consistent with and part of this Investment Policy (Appendix B). The VPBA shall be designated as the University's investment officer and is responsible for the duties outlined herein. The name and title of the investment officer shall be filed with the Board of Regents. Changes of name and/or title must be filed with the Board of Regents as they occur. The maximum stated maturity date of any security may not exceed ten years, and the weighted average duration of the portfolio shall not exceed five years without approval by the VPBA and ratification by the Board of Regents. No officer or designee may engage in an investment transaction except as provided under terms of this policy as approved by the Stephen F. Austin State University Board of Regents. Prudence P35 The "prudent person" standard will be used in the investment function and shall be applied in the context of individual transactions as well as management of the overall portfolio. Accordingly, all investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the expected income to be derived. Internal Controls Stephen F. Austin State University has established a system of written internal controls designed to prevent loss of public funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions by employees of the University. These controls are shown in Appendix A of this Investment Policy. These controls are subject to the review of and recommendations from the University's Department of Audit Services' office. Investment Authority The VPBA shall invest only those funds regulated by this policy and shall purchase only those securities authorized by the Authorized Investments section of this policy. Authorized Financial Dealers and Institutions Investment transactions (bids and offers) will occur only between the University and Board authorized broker/dealers. A written copy of the investment policy shall be presented to any person offering to engage in an investment transaction with Stephen F. Austin State University. The qualified representative of the business organization offering to engage in an investment transaction with Stephen F. Austin State University shall execute a written instrument substantially to the effect that the business organization has (a) received and reviewed the investment policy of the University and (b) acknowledges that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the University and the organization that are not authorized by Stephen F. Austin State University's investment policy.. Securities may not be bought from any organization whose representative has not provided the University with the acknowledgment required in the above paragraph. Diversification Investments may be diversified to minimize the risk of loss resulting from unauthorized concentration of assets in a specific maturity, specific issuer, or specific class of securities. The diversification limits by security type and issuer shall be: P36 Category Maximum U. S. Treasury securities and securities having 100% principal and interest guaranteed by the U. S. Government U. S. Government agencies, instrumentalities 50% and government sponsored enterprises (excluding mortgage backed securities) Collateral mortgage backed securities 25% Fully insured or collateralized certificates of 100% deposit Bankers' acceptances 25% Commercial paper 25% Repurchase agreements 100% Registered money market funds 80% Local Government Investment Pool 100% The VPBA and his or her designee may diversify investment maturity. To the extent possible, investment maturity will be matched with anticipated cash flow requirements. Matching maturity and cash flow requirements will minimize occasions for sale of securities prior to maturity, thereby reducing market risk. However, no provision of this policy shall be interpreted as prohibiting the sale of any security prior to maturity, provided that it is in the University's financial interest to effect the sale. The weighted average maturity of the entire portfolio shall be maintained at no more than 10 years and shall be reported quarterly to the Board of Regents. Pooled fund groups eligible for University investment shall have a maximum weighted average maturity of 10 years. Safekeeping and Collateralization All securities transactions, including collateral for repurchase agreements, but excluding mutual funds and investment pools, must be settled on a delivery versus payment basis. Collateral for certificates of deposit shall be held by a third party custodian in the name of the University. The third party custodian shall be required to issue a safekeeping receipt to the University listing the specific instrument, rate, maturity, safekeeping receipt number, and other pertinent information. Any collateral safekeeping receipt shall be clearly marked on its face that the security is "pledged to Stephen F. Austin State University". Collateralization shall be required on certificates of deposit and repurchase agreements. The collateralization level shall be no less than 100% of the market value of the principal and interest due on these instruments. Collateral for certificates of deposit and repurchase agreements shall consist of any of the securities authorized for investment within this policy. P37 Performance Evaluation The VPB A shall submit quarterly reports to the Board of Regents through its Finance Committee and the President of the University in the format prescribed by the Public Funds Investment Act, within a reasonable time after the end of the quarter. The reports must: (A) describe in detail the investment position of the University on the date of the report; (B) be prepared by the investment officer(s) of the University; (C) be signed by the investment officer(s) of the U |
|
|
|
C |
|
E |
|
G |
|
H |
|
M |
|
N |
|
O |
|
P |
|
Q |
|
S |
|
T |
|
V |
|
|
|