Oversight Council Meeting
J.R. Williams (Hall of
Mirrors) Building – East Conference Room
Richard L. Bowen, Chair
Robert A. Hoover
Jonathan Lawson
Brian Pitcher
Miles LaRowe
Mary Ann Carlson
AGENDA
1. Welcome and Agenda Richard
L. Bowen
2. Action
Items
Master Plan Bob
Stiger
CST Bob
Stiger
EITC Agreement Mary
Ann Carlson
3. Reports and Updates
Emergency Plan Ann
Meikle-Howell
Programming Jennifer
Fisher/Larry Branen
Master Plan (& Parking) Update
Subject
The update contains
three related subjects:
- The schedule for proposed adoption of the
ISU/UI University Place Master Plan,
- A process for site management using the Master
Plan as a backdrop, and
- Using proceeds from the sale of parking
permits for implementation of the access road changes called for by the
Master Plan and additional parking.
Background
The
Discussion
Adoption of the
The ISU/UI University Place Master Plan will be
ready for adoption in April. The
relocation of the Center for Science and Technology will be accommodated and
the Master Plan will be brought before this council for adoption.
Formation of a Standing Sub-Committee for
Master Plan Implementation
A group was formed to review proposed changes to
the Center south parking lot. This
group with two additions is recommended as a standing sub-committee to the
Local Operations Committee to review proposed activities that implement or
change the Master Plan. The proposed
membership of this sub-committee is:
- The
ISU Director of Programs,
- The
UI
- The
UI Assistant Vice President for Facilities,
- The
ISU Director, Facilities,
- A
representative of the UI Foundation,
- A
representative of the ISU Foundation, and
- The
Facilities Administrator for the
The detailed charter for the sub-committee will be
developed by the LOC, but the charter will include review of proposed
activities that implement or change the Master Plan, and a process that
recommends action to the LOC for adoption or submission to the Presidents’
Oversight Council for adoption.
The Adoption of the included motion will cause the
formation of the Master Planning Standing Sub-committee to the Idaho Falls
Local Operations Committee.
Parking Lot Changes at
University Place has outgrown the existing parking
space. Several times a week there are no
parking spaces available at the Center.
A proposal using two years proceeds from the sale of parking permits was
developed to revamp the entrance to the Center and to construct additional
parking (see attached master plan drawing).
The entrance to
Staff Recommendation
The staff recommends that the formation of the Local Operations Committee, Master Plan Implementation Sub-committee be approved.
Oversight
Council Action
Motion by _______________ to approve/disprove the recommendation to form the standing sub-committee. Seconded by __________________ and passed/failed by ______________.
Existing Parking and Entrance
Proposed
Parking and Entrance
Center for Science and
Technology Status
Subject
Current status and strategy for the CST
Background
The Center for Science and Technology is a planned
50,000 ft2 academic research facility to be located at the
The building location is shown on the Master Plan
on land north of the railroad tracks along the river that was previously held
by BLM and is now State Board of Education land.
Discussion
A strong cost estimate for the project cannot be
developed until the building design and site geological studies are
complete. However, the preliminary
estimates of the cost for the project north of the railroad tracks reached over
$18M. This cost makes the project
untenable. As a result, the building
location was moved south of the railroad tracks. This move significantly reduces
infrastructure cost, and the preliminary estimate for the CST at this location
is $14M.
INEEL is still committed to rent half of the
building, but government regulations limit the rental commitment to one
year. Bechtel, in light of the recent
uncertainties in form and length of the contract, is unwilling to underwrite a
longer lease. The current state budget
environment is not conducive to the Universities underwriting either a bond or
a loan. These developments necessitate a
revised strategy to allow the project to proceed.
The current strategy is to move ahead with the
project consistent with the $7M available funding, but designing the
infrastructure and the building for the entire 50,000 ft2 if the
additional funding can be identified.
The preliminary conceptual design for the building includes three
modules. The pre-preliminary estimate
from the UI facilities organization is that the funding available will allow
for design and infrastructure for the entire building, shell and core for 2/3
of the building, and build-out of 1/3 of the building. This is a very preliminary estimate and will
need to be confirmed in the design process.
A meeting of the planned CST inhabitants is
scheduled for
In order to proceed with this strategy, the
Universities will also need to obtain the State of
There are several potential sources for the
remainder of the funding required for the entire building:
·
Gifts from INEEL contractors and other local
supporters that are in favor of eastern
·
Loan guarantee by the INEEL contractors,
·
Line item submission by DOE for a long term
lease, or
·
A combination of the above sources.
Oversight
Council Action
None required at this time
ISU/UI/EITC Agreement
Subject
Addendum to Agreement Between
Background
This draft addendum is offered for your
consideration to join
In conversations between Mary Ann Carlson and Drs.
Pitcher and Lawson, Jennifer Fisher, ISU Assistant Academic Vice President, and
Ann Meikle-Howell, ISU,
Oversight
Council Action
Motion by
_________________ to approve/disapprove the recommendation for the agreement
between
ADDENDUM TO
AGREEMENT BETWEEN
FOR THE
DELIVERY OF EDUCATIONAL SERVICES IN
TO INCLUDE
PROGRAMS AND SERVICES
PROVIDED BY
EASTERN
1.0 THE
AGREEMENT
The agreement entered into between
This amendment joins
2.0 ROLES
& MISSIONS
2.1
Purpose,
Primary Service Region,
In addition to the types
of collaboration described in the original agreement (2.4), the following
opportunities are added to that vision:
1.
Two plus two programs,
2.
Seamless transfer,
3.
Joint initiatives, and
4.
Combined student activities.
3.0
PROFESSIONAL-TECHNICAL PROGRAMS
3.1
Eastern Idaho Technical College offers
programs and options, both certificates and associate of applied science
degrees, in agribusiness technologies, electronic service technologies, legal
technologies, fire service training, craft apprenticeships, mechanical trades,
welding technology, dental assisting, medical assisting, surgical technology,
practical nursing, accounting technologies, office technologies, environmental
safety and health, computer network technologies, and business technologies. The College complies with the State Board of
Education requirements for all programs and options, including general
education requirements.
3.2
5.0 MANAGEMENT
5.1.1
Membership of the Oversight Council include:
President of
President of the
President of Eastern
Academic Vice President
of ISU
Provost of UI
Dean of Instruction EITC
Executive Director, SBOE
6.0
FACILITIES
6.1
7.0
OTHER
7.4
Modifications
or additions to this agreement may be initiated with
recommendation from the on-site institution Directors or from the institutional
Provost (UI), Academic Vice President (ISU), Dean of Instruction (EITC), and
approval by the Presidents.
8.0 FISCAL
OPERATIONS
8.1
8.2
ISU/UI Center for Higher Education at
Emergency Action Plan
Subject
The presentation of the ISU/UI University Place
Emergency Action Plan
Background
There is currently no Emergency Action Plan for
Discussion
Attached is a copy of the Draft ISU/UI Center for
Higher Education at University Place Emergency Action Plan. The draft plan was prepared by the
The plan is designed so that the individual’s
actions required in the event of an emergency are gathered as a stand-alone
appendix to the document. This appendix
is being produced in a durable, color-coded set of cards that will be provided
in most rooms at the center.
Availability of this appendix will provide a readily accessible, easy to
use document that can be used by faculty and students in the event of an
emergency.
We expect to have the document and the appendices
published and in use by the end of the month.
Oversight
Council Action
None required at this time.
Subject
Leadership,
membership and projects of the Idaho Falls Education Advisory Council for
2002-2003.
Background
The Idaho Falls Higher Education Advisory Council
is in its fourth successful year since its reorganization in 1999. The Council
serves as an effective forum for dialogue between community stakeholders and
the institutions serving the educational needs of the
Discussion
John Hansen has served
as the Chairperson for the past two years with Jim McFadden as the Vice
Chair. It is recommended that Jim be
appointed Chair for the 2002-2004 term at the
Past Chair, Keith
Hinckley volunteered to stay on for continuity and has served as Diversity
Subcommittee Chair for the Community and Business Education Needs Committee. He
played a major role in getting the Diversity and Human Rights Plan
finalized. The Diversity Subcommittee
organized two highly productive meetings with school counselors, migrant
council staff, and university staff to formulate ways of meeting Goal One of
the plan. Goal One
concentrates on the expansion of service and outreach programs to under-served
or under-represented populations. Part
of this goal is reaching families and students at a young age to help them see
higher education as a realistic goal.
The next meeting on November 6th will attempt to create a
simple “ road map” for parents to follow to reach that
goal.
John Hansen in
particular and the Advisory Council in general have expressed deep concern
about the budget cuts and funding issues that the institutions have
experienced. The group would like
suggestions from the presidents on ways that they might be helpful. They are willing to lobby the legislature or
take action in any other manner advisable to support the institutions.
Oversight
Council Action
Motion by
_________________ to approve/disapprove the recommendation for Jim McFadden to
be appointed for the Advisory Council Chair 2002-2004. Seconded by _________________ and
passed/failed by __________________.
Membership Rotation
2002-2004
TERMS EXPIRING DECEMBER 2004
Brenda Baumgartner KPVI
TV 6
Jerry Brady The Post Register
Bart Davis Attorney/State
Legislator
Sandra Feldman INEEL/ERI
John Hansen Hopkins,
Roden, Crockett, Hansen & Hoopes
Keith
Carol Lowe Region
VI Tech Prep Coordinator
Robert Pack Melaleuca
Mark Paulsen CSA
Charles Shackett Superintendent,
Jerry Wixom District
91 School Board
TERMS EXPIRING DECEMBER 2003
Jim Bowman
Jeff Krantz
Mike Kuhns Chamber
of Commerce
Linda Milam Mayor
of
Susan Prestwich Department
of Energy
Lew Rodriguez
Mark Young Raymond
James Financial
TERMS EXPIRING DECEMBER 2002
Doug Owen Principal,
Amy Dirks- Stevens Eastern
Marge Foster District
91 & 93
Lee Gagner ReMax
Realty/State Legislator
Dan Hatch Basic
American Foods
Travis Mitchell Principal,
Randy Hurley Principal,
Mike Lineberry
Jim McFadden Retired,
Computer & Simulations & Analysis, Inc.
John Ochi Businessman
Dan Keck Principal,
Jerry Shivley Retired
Bernie Sikorski INEEL,
Manager of Human Resources
EX OFFICIO
Max Checketts BYU
Mary Ann Carlson Eastern
Jonathan Lawson
Brian Pitcher
Proposed
New Members for Advisory Council
2003
Carol Johnson –
Local Business Woman
Cal Ozki - Chair for
Harold Blackman - Associate
Laboratory Director, INEEL
Bob Stiger &
Michael Lineberry will try to come up with a researcher to ask to sit on the
council
ISU/UI
/EITC Partnership in
Primary
Service Region,
Subject
Institutional staff members are working together to
offer and develop quality academic programs and services in
Background
The
Idaho State University,
a doctoral extensive institution has been assigned
Eastern Idaho Technical College
is a two-year regional technical college offering professional technical
education through various certificate and associate of applied science degree
programs.
Discussion
When institutions are active in the same region
there is a potential for competition and duplication. This can be avoided by adhering to SBOE
assignments of primary service region, mission and statewide responsibilities
for programming. Signed
pledges of cooperation, collaboration, and dialogues further guide the
development of joint programs and degree offerings.
Oversight
Council Action
None required at this time.
agreement between
for the
DELIVERY OF EDUCATIONAL SERVICES IN
1. THE
AGREEMENT
This
Agreement between Idaho State University (ISU) and the University of Idaho (UI)
for delivery of educational services in Idaho Falls (the "Agreement")
is made and entered into this 17th day of March, 1998, by and
between the Regents of the University of Idaho, a public corporation, state
educational institution and a body politic and corporate organized and existing
under the Constitution and laws of the State of Idaho (UI) and Idaho State
University (ISU), a state education institution organized and existing under
the laws of the State of Idaho.
This
document details a commitment to cooperate, while honoring each institution’s
designated role, mission and identity in the delivery of academic courses and
degrees at the ISU/UI Center for Higher Education in
·
offering
high quality academic programs;
·
providing
joint student services, and
·
sharing facilities and management responsibilities.
2.0
ROLES & MISSIONS
2.1 Purpose:
The ISU/UI Center for Higher Education at
In
1994, a state-of-the art classroom / laboratory building funded by the Idaho
State Legislature became the catalyst for the development of this unique
educational endeavor.
ISU
and UI cooperate in this venture to expand offerings and services to students
by broadening faculty interaction, strengthening programs, and enhancing
facility utilization for the purpose of achieving new levels of academic
excellence. Quality programming, teaching and learning will result from
combining resources and the future integration of faculty and curriculum. The
Center also promotes exciting new collaborations with business and industry to
benefit the economy of eastern
2.2
2.3
2.4 Primary Service Region,
The
following types of collaborative options are envisioned for
1.
Collaborative
degrees carrying the names of both institutions;
2.
Cooperative
degrees offered by one institution which indicate by name the collaborating
institution;
3.
Distinctive
degrees offered by either institution which rely on service courses offered by
the partner institution; and,
4.
Stand
alone programs and courses.
It is anticipated
that the Chief Academic Officers will be continually informed of course and
program planning and will, in most cases, be able to resolve matters of potential
duplication and primacy in offering a program. Unresolved issues will be
referred to the presidents.
3.
ACADEMIC PROGRAMS
The institutions
make a combined commitment to provide high quality academic programs and
services in
3.1 Areas of educational programming will respond to evidence of
client interest and need. Individual and institutional interests will be secondary.
3.2 Areas selected will be consistent with the
institutional mission, role and history with an emphasis on programming in
areas of excellence.
3.3
In areas of overlapping interest, the roles of the institutions will vary
depending on the service region and be delegated to the institution with
primary responsibility.
3.4 The institutions will not offer competing
courses and degree programs in
3.5 Cooperative degree programs will be
encouraged, especially in innovative interdisciplinary areas.
3.6 To maintain efficient use of resources, the
institutions will encourage students to take service courses from each other as
part of degree programs in lieu of duplicating each other’s course offerings.
3.7 ISU will place emphasis in undergraduate,
graduate, professional and research areas consistent with its mission. ISU will
offer a full range of general education classes, a variety of associate and
baccalaureate degrees, and master and/or doctorate-level degrees in all areas
which are consistent with its mission. ISU will continue to cooperate with UI
in delivering advanced degrees which have been authorized to be delivered as
joint programs.
3.8 The UI will place emphasis in graduate,
research and selected undergraduate areas consistent with its land-grant
mission. The UI will offer master and doctorate-level degrees primarily focused
in science, computer science, engineering and agriculture; and selected
baccalaureate degrees (Attachment C).
3.9 Both institutions will continue to offer
professional development workshops and courses. Expanded activities such as
athletic events, theater productions, and musical concerts will continue to be
explored.
3.10 As new or expanded programs are planned for delivery in
3.11 Enrollment will be credited to the
institution that sponsors the course.
3.12 The institution offering the course is
responsible for all arrangements and costs in delivering the instruction.
3.13 Faculty in
3.14 The institutions will encourage the
participation of each other’s faculty on graduate supervisory committees.
4.0 STUDENT SERVICES
Higher
education in
4.1 The two institutions will establish and
maintain a shared University Place Student Services Office where students will
be admitted and enrolled by personnel from ISU and UI.
4.2 Primary responsibility for undergraduate
admissions, counseling, financial aid, and career counseling will be provided
by ISU (Attachments D, E, F, J).
4.3 Advising for graduate programs offered by
UI and ISU will continue to be supplied by faculty from the respective
disciplines at each institution.
4.4 ISU and UI will offer a common admission’s
application, computer registration system, course schedule, telephone
registration program, and photo identification activity. Incurred costs will be
prorated based on student enrollment (Attachments F, G, H, I, J).
4.5 Articulation contracts between ISU and the
UI and corresponding academic departments will be refined and monitored to
establish and ensure the transferability of credits earned by degree seeking
students.
4.6 Consortium agreements that enable students
to pay full-time fees when the totals of their part-time credits from each
institution accumulate to eight credits will be developed (Attachment E). Fee
schedules and courses offered in the Center for Higher Education will be
published in a joint periodical.
4.7
Student fee payment, financial aid disbursement, and other charges will be
collected by personnel in the University Place Student Services Office and then
distributed to the respective institution (Attachments D, E). The goal is to
have the activity appear seamless to students registering for courses.
4.8 The universities will cooperate to offer
library and information services and will jointly operate the "
5.0 MANAGEMENT
5.1 OVERSIGHT MANAGEMENT (ratified
University Place Oversight Council (UPOC): The University Place Oversight Council is
responsible for all major policy issues regarding the management and operation
of the
Membership of the
Oversight Council include:
President of
President of the
Academic Vice President of ISU
Provost of UI
Executive Director, SBOE
Membership
of the Local Operations Committee (LOC) includes:
Director, UI at
Director, ISU at
Assistant Registrar, UI at
Associate Registrar, ISU at
Budget Director, UI
Budget Director, ISU
Assistant Academic Vice President, ISU
Vice Provost for Outreach & Technology,
UI
Western Governor’s University Representative
or their respective designated representative.
Other
members of the
Responsibilities
of the University Place Local Operations Committee are noted in Section 8.0.
5.2 Student Services Office
(SSO): Organization and Management
The
SSO encompasses the combined office of admissions, registration, records and
fee payment.
5.2.1 Employees from both institutions will staff
the combined SSO. Minimum staffing needs per institution will be based on the
respective annual average enrollment of each institution as determined by the
Directors. All personnel in the SSO will be paid at a rate consistent with
experience and job responsibilities.
5.2.2 A functional organizational chart
(Attachment L) will be constructed and maintained including the staff from both
institutions. All staff will be cross-trained to become familiar with student
assistance and the operation of each institution. Job descriptions for each
position will be generated and annually reviewed by management from each
institution.
5.2.3 Although staff from each institution will report directly to
their own management as reflected in the organizational chart, it is also
expected that they will be responsive to the management of the partner
institution. Annual job performance evaluations will be conducted by management
of each institution for their respective employees in consultation with
institutional counterparts.
5.2.4 Routine management of the SSO will be a shared institutional
responsibility. In the absence of one office manager (sick leave, vacation,
etc.), day-to-day operations will be the responsibility of the management of
the partner institution.
5.2.5 Only personnel directly involved in the routine operations of
the SSO will be housed within the office.
5.2.6 Unresolved SSO issues will be decided jointly by the
institutional Directors.
5.3 Day-to-Day Cooperative
Management activities and
evolving issues will be addressed and resolved by the respective Idaho Falls
Directors from each institution. Constituent needs will be examined through the
involvement of university representatives, local advisory boards and councils.
The Oversight Council will address policy issues.
5.4 Graphic Identification
Standards are detailed in
Attachment M entitled "
6.0 FACILITIES
6.1 The acreage
covered by this agreement include: The 26 acre "University Place
(UP)" property owned by the UI Foundation; the 10 acre property, adjacent
to UP and northeast of the railroad tracks, owned by the ISU Foundation; the 19
acre riverfront property, due north of the railroad tracks, currently owned by
the Idaho Department of Lands (expected to be transferred to the universities);
and contiguous properties acquired in the future owned by the purchasing
institution(s) or respective foundation(s).
6.2 The buildings
covered by this agreement include: The 66,000 square foot Center for Higher
Education Building owned by the State of
At
the time of this writing, one additional building is planned for addition to
Future
developments on current and future campus lands will be jointly coordinated by
the institutions through the Oversight Council and the respective institution
Foundation(s).
Nothing
in this agreement is intended to obligate the ISU or UI Foundations. Each
Foundation will maintain the right to seek arrangements that will ensure the
appropriate exercise of its fiduciary duty.
Figure
1 illustrates a recent campus plan.
6.3 The
Maintenance and Operation (M&O) of the facilities. Daily and routine
maintenance including janitorial services and landscape maintenance for all
facilities located on UI Foundation and future campus properties will be
provided by the on-site UI Maintenance Team.
For
larger, non-routine, M&O tasks requiring specialized equipment or services,
the equipment or services will be locally contracted and/or coordinated through
the ISU Physical Plant in
M&O expenses
not covered by specific state or institution allocations or through lease or
rental agreements, will be shared by the institutions
on a pro rata basis as agreed upon by the Oversight Council.
6.4 Space Allocation
ISU/UI
Center for Higher Education (CHE) Building will be designated for use in
teaching, Student Services Office (SSO) and in support of scholastic research.
Priority for classroom and laboratory assignments is to be determined by
institutional mission and student usage. Allocations will be determined on the
efficient and fair distribution of classroom and laboratory space.
A
Scheduling Committee consisting of the designated building manager(s),
registrars from ISU/UI, site directors, telecommunications managers, and
administrative representatives from the respective institutions shall meet
annually. This committee will review institutional and departmental needs for
the utilization of space in the CHE. After reviewing and evaluating requests
from faculty and departments, the Committee will make appropriate room
assignments. Space assignments within the CHE will not ordinarily include
faculty or administrative offices.
The
following are guidelines under which classroom and laboratory space will be
decided:
·
No
institution or department will have ownership over rooms designated as general
classrooms.
·
Departments
may request scheduling priorities for general classrooms and laboratory space
based on equipment needs or physical logistics.
·
Efforts
will be made to keep courses in the same rooms from fall to fall and spring to
spring.
·
Large
enrollment or high demand general education courses should be scheduled first
and include sections in the mornings, afternoons, and evenings.
·
Classrooms
and laboratories furnished with special equipment (computers, video) by an
institution or department will be scheduled after conferring with
representatives from the institutions or departments owning the equipment.
·
Events
such as faculty meetings, recitations, tutorials, etc. that meet on a regular
basis during a semester should take second priority in the usage of classroom
space, and should be identified at the time course scheduling takes place.
·
Special
equipment requests are made to the Center for Higher Education Building
Manager.
·
Requests
for technology upgrades or classroom and laboratory enhancements should be addressed
through each institution’s yearly budgeting cycle. Joint requests are to be
forwarded to the Oversight Council.
University
Place office and other space will be determined by the resident UI Director in
consultation with the resident ISU Director. Consideration will be given to
need, equity, fairness and ownership.
6.4.3 Student Union
Student
Union space will be determined by the Associated Students of ISU and UI, in
consultation with the on-site institution Directors and university
administrations. Consideration will be given to student need, equity, fairness
and ownership.
6.4.4 Future Space
The
Oversight Council, in response to constituent needs, will determine space
allocation for future buildings.
7.0 OTHER
7.1 INEEL related issues: Educational contracts and agreements with
the primary contractor for the INEEL or associated and related contractors will
be negotiated independently and separately by the institutions. All educational
contracts with the INEEL will abide by and be in the spirit of the terms and
conditions of this agreement.
7.2 Community Advisory Groups:
The institutions will
jointly help reestablish and/or support an Idaho Falls Education Advisory
Council (EAC). The EAC is envisioned as a forum for the
7.3 Term: This Agreement shall be in effect from
March 17, 1998 until June 30, 2003 and shall terminate upon the expiration of
its term unless the parties continue to perform under this Agreement after the
expiration of its term, where by this Agreement shall be continued only on a
year-to-year term, which may be terminated by either party giving the other
party a 120-day notice of its desire to terminate the Agreement. Upon receiving
notice of termination, the parties shall have (30) days to determine how best
to phase out any obligations which involve provision of student services to continuing
students, and any other obligations which cannot be immediately terminated upon
notice without interfering with legal rights of students or employees.
7.4 Modifications or additions to this agreement may be initiated with
recommendation from the on-site institution Directors or from the institutional
Provost (UI) and Academic Vice President (ISU), and approval by the Presidents.
7.5 Unresolved matters concerning the interpretation of this
agreement will first reside with the resident institutional Directors. If a
matter remains unresolved, the Oversight Council will resolve the matter.
7.6 General Terms
7.6.1 Compliance
with federal and state discrimination laws. The parties agree to comply
with Title VI and VII of the Civil Rights Acts of 1963, Title IX of the
Education Amendment for 1972, Section 504 of the Rehabilitation Act of 1973,
Executive Order 11246, the Americans with Disabilities Act and the related
regulations of each. Each party assures that it will not discriminate
unlawfully against any individual including but not limited to employees,
applicants for employment, students or student applicants, because of race,
religion, creed, color, sex, age, disability, or national origin.
7.6.2 Notices. Any notice under this Agreement shall be in
writing and be delivered in person or by public or private courier service
(including U.S. Postal Service Express Mail) or certified mail with return
receipt requested or by facsimile. All notices shall be addressed to the
parties identified in the signature block in Section 9.0.
Any
notice shall be deemed to have been given on the earlier of: a) actual delivery
or refusal to accept delivery, b) the date of mailing by certified mail, or c)
the day facsimile delivery is verified. Actual notice, however and from whomever received, shall always be effective.
7.6.3 Severability. If any term or provision of this Agreement
shall, to any extent be determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall not be affected
thereby, and each term and provision of this Agreement shall be valid and be
enforceable to the fullest extent permitted by law; and it is the intention of
the parties hereto that if any provision of this Agreement is capable of two
constructions, one of which would render the provision void and the other of
which would render the provision valid, the provision shall have the meaning
which renders it valid.
7.6.4 Liability. Neither party shall be responsible for
personal injury or property damage or loss except that resulting from its own
acts of omission, or the acts or omissions of its employees, or others for whom
the party is legally responsible for under applicable law. Nothing herein shall
be deemed an expressed or implied waiver of sovereign immunity by the State of
7.6.5 Entire Agreement. This Agreement and the other documents to
be executed by the parties hereunder, embody the entire agreement relative to
the subject matter thereof, and there are no oral agreements existing relative
to the subject matter hereof which are not expressly set forth herein or in the
documents to be executed hereunder and covered hereby, and in the case of any
conflicts between any such documents, this Agreement shall control. This
Agreement may be modified only in writing when signed by all the parties
hereto.
7.6.6 Governing Law. This Agreement shall be governed by the
laws of the State of
7.6.7 Waiver. No covenant, term or condition or the
breach thereof shall be deemed waived, except by written consent of the party
against whom the waiver is claimed, and any waiver of the breach of any
covenant, term or condition shall not be deemed to be a waiver of any other
covenant, term or condition herein. Acceptance by a party of any performance by
another party after the time the same shall have become due shall not
constitute a waiver by the first party of the breach or default of any such
covenant, term or condition unless otherwise expressly agreed to by the first
party in writing.
7.6.8 Force Majeure. Any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, inability to obtain labor or
materials or reasonable substitutes therefore, governmental restrictions,
governmental regulations, governmental controls, enemy or hostile governmental
actions, civil commotion, fire or other casualty, and other causes beyond the
reasonable control of the party obligated to perform (except for financial
ability), shall excuse the performance, by such party for a period equal to any
such prevention, delay or stoppage.
7.6.9 No Joint Venture. Nothing contained in this agreement shall be
construed as creating a joint venture or agency relationship between the
parties.
8.0 FISCAL OPERATIONS (Effective 7/98 ratified 22 Oct by UPOC)
8.1 Program Expenses, which are defined as the direct and related
indirect costs of instruction, research or outreach activities, for each
institution’s programs are borne entirely by the institution sponsoring the
program. These are expenses that primarily support the individual programs,
courses and/or related services of each university.
8.2 Non-appropriated Funds received at the CHE building through such
activities as rent to outside agencies, vending commissions, and donations, are designated as joint-use funds and their
disposition is determined by the Local Operations Committee (LOC).
8.3 Audio/Visual/Classroom Attendants are employed by ISU at the CHE building to
provide general audio/visual and other assistance to building occupants. Their
total, combined salaries and benefits for FY 98-99 are distributed as follows:
one-fourth to the
8.4 Fiscal Agency is assigned by the University Place
Oversight Council for each building. To encourage responsible spending and
forecasting, an annual budget for joint accounts is prepared by the fiscal
agency, reviewed by the Local Operations Committee and approved by the
University Place Oversight Council (UPOC). Council and Committee members may
ask for and receive an accounting for budget expenditures at any time.
As
the budgetary year progresses, the fiscal agency is required to report monthly
to the Committee the status of joint-funded operations.
All non-routine
expenditures below $2,500 and all routine M&O expenditures for the CHE
building are approved by the Facility Operations Coordinator. Non-routine
expenditures $2,500 and above must first be approved by the Local Operations
Committee.
The fiscal agent
will include a renewal and replacement (R&R) category within the CHE
M&O budget. The R&R category is to hold funds for major renovation and
major repair of the CHE building such as carpet replacement, repair of HVAC
equipment, and any unforeseen maintenance and operation expenses. Each fiscal
year the LOC will recommend an amount to be transferred into the R&R fund
for that year.
8.5 Expenditures incurred by either university are to be
promptly and fully remitted upon receipt of an invoice. Should there be an
objection to any expense, an appeal may be brought
before the LOC for resolution. The billing or invoice payment is not delayed or
reduced while the appeal is in process.
9.0 Accounting For Student Fee Revenue (ratified
22 Oct by UPOC)
10.0 Signature block
(SIGNED MARCH, 1998)
_____________________
____________________
Robert
A.
President
President
University
of
Office
of the President ADM
Voice:
(208) 885-6365 Voice: (208) 236-3440
Fax:
(208) 885-6558 Fax: (208) 236-4487
Attachments
Figure 1: Proposed
Attachment A: SBOE Governing Policies and Procedures,
Section III, April 1994
Attachment B: SBOE approved: Roles & Missions of the
State Institutions of Higher Education, January 1991.
Attachment C: Initial Academic Assignments
Attachment D: ISU/UI Finance Committee Report
Attachment E: Reciprocity and Consortium Agreement for
Financial Aid and Full-Time Equivalent
Attachment F: ISU/UI Advising Subcommittee Report
Attachment G: ISU/UI at
Attachment H: ISU/UI Fee Processing Procedures
Attachment I: ISU/UI Committee Report on Computing
Attachment J: Registration, Admissions & Financial
Aid Committee Report
Attachment K: ISU/UI Library Agreement and Student
Identification Agreement
Attachment L: Functional Organizational Chart for the
Student Services Office (SSO)
Attachment M:
Attachment N: