The official minutes of the University of South Carolina Board of Trustees are maintained by the Secretary of the Board. Certified copies of minutes may be requested by contacting the Board of Trustees’ Office. Electronic or other copies of original minutes are not official Board of Trustees' documents.

The Executive Committee of the University of South Carolina Board of Trustees met on Friday, November 14, 2003, at 1:40 p.m. in the Carolina Plaza Board Room.

Members present were: Mr. Mack I. Whittle, Jr., Board Chairman; Mr. Herbert C. Adams, Board Vice Chairman; Mr. James Bradley; and Mr. William C. Hubbard. Members absent were Dr. C. Edward Floyd and Mr. Michael J. Mungo. Other Trustees present were: Mr. Mark W. Buyck, Jr.; Mr. Samuel R. Foster, II; Mrs. Helen C. Harvey; Mr. Miles Loadholt; Mr. Robert N. McLellan; Mr. James A. Shuford, III; and Mr. Eugene P. Warr, Jr.

Others present were: President Andrew A. Sorensen; Secretary Thomas L. Stepp; Executive Vice President for Academic Affairs and Provost Jerome D. Odom; Vice President and Chief Financial Officer Richard W. Kelly; Vice President for Information Technology and Chief Information Officer William F. Hogue; Vice President for Human Resources Jane M. Jameson; Vice President for Student Affairs Dennis A. Pruitt; General Counsel Walter (Terry) H. Parham; Vice Provost and Executive Dean for Regional Campuses and Continuing Education Chris P. Plyler; Chancellor of USC Spartanburg John C. Stockwell; Dean of USC Lancaster John Catalano; Assistant Treasurer Susan D. Hanna; Director of Campus Planning and Construction, Division of Business and Finance, and University Architect Charles G. Jeffcoat; Executive Assistant, Campus Planning and Construction in the Division of Business and Finance, Donna Collins; Public Information Officer, Office of Media Relations, Karen Petit; and a member of the press.

Chairman Whittle called the meeting to order and invited Board members to introduce themselves. Ms. Petit introduced a member of the media who was in attendance. Chairman Whittle stated that notice of the meeting had been posted and the press notified as required by the Freedom of Information Act; the agenda and supporting materials had been circulated to members of the Committee; and a quorum was present to conduct business.

Chairman Whittle directed the attention of the Committee to the first agenda item and called on Mr. Parham.

1. Contracts Valued in Excess of $250,000:
   • Duke Power Company - USC Spartanburg: Mr. Parham explained that USC Spartanburg was seeking Executive Committee approval of a contract with Duke Power Company to provide lighting services for the new baseball and softball fields on that campus.
     
     Under the terms of the contract, Duke Power will obtain all necessary permits and will design, install, maintain, repair, replace and provide electricity for the lighting systems including all labor, equipment and materials associated with those systems. Mr. Parham indicated that it was a "turn-key" operation; Duke Power will handle all aspects of this project and will present to USC Spartanburg a fully operational system at the conclusion.
     
     The term of the proposed contract extended one year with the right to renew for six additional one-year periods. Duke Power would own the lighting systems (the poles, the lights, the wiring, etc.) for the seven-year period during which time USC Spartanburg will pay to this company the sum of $7,725 per month. At the end of this timeframe, ownership of all of the lighting systems, equipment, etc. will transfer to USC Spartanburg.
     In addition, USC Spartanburg will be responsible for paying the actual cost of the electricity consumed. Mr. Parham commented that Duke Power was the sole provider of electrical power to that campus. Energy costs will be paid at a rate of $1,500 per month; at the end of each contract year, the total amount will be evaluated and either a refund or an additional payment will be made based on the actual energy costs incurred.
     
     The proposed contract contained a "buyout clause" which would allow USC Spartanburg to terminate the contract at any time upon 90 days notice and to purchase the equipment at that time. Mr. Parham noted that the buyout schedule was attached to the contract as an exhibit. USC Spartanburg did not anticipate early termination of the contract because it would be of greater benefit economically to maintain it for the entire period.
     
     At the conclusion of the seven-year period, USC Spartanburg will have the option to enter into a new contract with Duke Power or to negotiate these services with another provider.
     
     Mr. Bradley moved approval of the proposed contract with Duke Power Company as described in the materials distributed for the meeting. Mr. Hubbard seconded the motion. The vote was taken, and the motion carried.

2. Adjournment: Since there were no other matters to come before the Committee, Chairman Adams declared the meeting adjourned at 1:45 p.m.
   

Respectfully submitted,
Thomas L. Stepp
Secretary