xt7p2n4zh886 https://exploreuk.uky.edu/dips/xt7p2n4zh886/data/mets.xml Lexington, Kentucky University of Kentucky 19430330 minutes English University of Kentucky Contact the Special Collections Research Center for information regarding rights and use of this collection. Minutes of the University of Kentucky Board of Trustees Minutes of the University of Kentucky Board of Trustees, 1943-03-mar30-ec. text Minutes of the University of Kentucky Board of Trustees, 1943-03-mar30-ec. 1943 2011 true xt7p2n4zh886 section xt7p2n4zh886
Minutes of the Meeting of the Executive Committee of the Board
of Trustees, University of Kentucky, INiarch 30, 1943.
The Executive Committee of the Board of Trustees of the Uni-
versity of Kentucky met in the Presidentts Office at 10:30 a.me,
Tuesday, March 30, 1943t The following members wtre present:
Judge Richard C. Stoll, H. S. Cleveland, R. P. Hobson, and Hr Do
Palmore. President H. L. Donovan and Comptroller Frank Di Peterson
were also present.
A. ApDroval -of inutes0
lo Upon motion duly made and seconded, the
minutes of the Lxecutive Committee
of November 14, 1942, and the minutes of
the called meetings of the Executive Com-
mittee of December 12, 1942, and January
28, 1943, were approved as published.
* * * * * * * * * *
B. ReDort of Comptroller,
Comptroller Frank D. Peterson submitted financial report for the
period ending February 28, 1943. He stated that in his opinion it
is safe to predict that the combined income of the University for
the current fiscal year will equal the budget estimate, thus making
it possible to operate the fiscal year with a balanced budgets He
further stated that there were questions relative to some of the
auxiliary enterprises and activities being able to continue on a
self-supporting basis and suggested that a more detailed financial
analysis of these agencies would be furnished the Board at the
April meeting9
The Executive Committee spent considerable time examining the
reports manifesting interest.
2. Upon motion duly made and seconded, the re-
port was ordered received and approved and
filed with the records of the minutes of
the Executive Committee.
* * * * * * * * * *
2
C. Investment of Haggin Fund
The Executive Committee, in examining the Comptroller's report,
recognized that a rather large free balance exists in the Haggin
Fund, at this time, The question was raised as to whether or not
part of these funds should be invested and, upon motion made,
seconded and unanimously carried, the Executive Committee ordered the
Comptroller to invest $50,000 in Government negotiable bonds.
D. Dormant Funds.
The Comptroller reported dormant funds on deposit in the First
National Bank and Trust Company amounting to 444490. On motion
made; seconded and unanimously passed, the Board Directed that
these receipts be credited to the University College Collection
accounts
E, A Memorandum of Agreement Made between the United States of
Ameriqc Kar Production Board in tie Office for Emergency Management,
Executive Office of the President, and the University of Kentuckwo
President Donovan presented the following correspondence to
the Executive Committee:
March 11, 1943
President H. L. Donovan
University of Kentucky
Dear President Donovan:
I transmit herewith a copy of negotiated contract
with the United States of America War Production Board for
an experimental investigation in connection with the be-
havior of Ferritic Steels at low temperatures-. The work
is to be done under the supervision of the College of
Engineeringo The letter of intent has already been re-
ceived and the work is in progress.
This contract has been examined and approved by
Dean Graham, College of Engineering, and Francis T. Mc-
Guirev who will be in direct charge of the work, I
recommend that the Executive Committee approve the con-
tract0
Yours very truly
(Signed) Frank D. Peterson
Comptroller
V .
3
WAR PRODUCTION BOARD
Washington, D. C;
February 24, 1943
Mr6 Frank Di Peterson
Controller
University of Kentucky
Lexington, Kentucky
Dear Mir, Peterson:
Enclosed are an original and two copies of a pro-
posed contract with the University of Kentucky for re-
search work, in connection with the behavior of ferritic
steels at low temperatures.
If this contract meets with your approval, sign
and return all copies to this office for acceptance by
the government, after which a copy will be forwarded for
your files.
Very truly yours,
(Signed) F. R. Cawley
Chief, Management
Enclosures Services Branch
Contract No.
Negotiated Contract
MEMORANDUMA OF AGREEYiENT made this day of 194,
effective as of the 3d day of iebruary 1943, between
THE UNITED STATES OF AMERICA (hereinafter called "the
Government"), War Production Board in the Office for
Emergency Management, Executive Office of the President,
represented by the Contracting Officer executing this
contract, and University of Kentucky.(hereinafter called
"the Contractor").
WHEREAS, the Contractor conducts and maintains an
experimental testing and research laboratory or labora-
tories, and the Government desires that the Contradnr
conduct studies and experimental investigations as herein-
after specified; and
WHEREAS, the Contracting Officer recognizes that
the activities contemplated hereunder require that a
substantial part of the materials, supplies, and other
4
articles to be acquired for use in the work hereunder
be either consumed during the course of the activities
or incorporated into equipment or other articles to be
constructed hereunder; and
WHEREAS, the parties intend that the Contractor
shall perform the work hereunder for the Government with-
out gain or loss to the Contractor;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS'
ARTICLE 1. (a) The Contractor shall, with the utmost
secrecy and dispatch and in accordance with the instruc-
tions of the Contracting Officer or his authorized repre-
sentative, supply the necessary personnel and facilities
for and. conduct studies and experimental investigations
in connection with the behavior of Ferritic Steele at
low temperatures.
(b) The Contractor shall proceed with the work here-
under until but not beyond December 2, 1943, except as
otherwise authorized in writing by the Contracting Officer.
(c) The Contractor shall permit the Contracting Of-
ficer and his authorized representative to visit and
inspect the work hereunder at all reasonable times, shall
report the progress of such work from time to time as
requested by the Contracting Officer or his authorized
representative, and shall furnish a complete final report
of its findings and conclusions upon completion of such
works
(d) The Contractor may procure materials, supplies,
apparatus and equipment for use in the work required
hereunder by contracts with others, but the Contractor
shall not enter into subcontracts Involving research or
development work of the kind contemplated by this con-
tract without obtaining the approval of the Contracting
Officer or his authorized representative. The determina.-
tion of whether or not a subcontract involves research
or development work within the meaning of this paragraph
shall be made by the Contracting Officer or his authorized
representative. Subcontracts involving such research or
development work shall be in a form approved by the Con-
tracting Officer.
Ce) The Contractor shall obtain the approval of the
Contracting Officer or his authorized representative
before altering or constructing buildings, or leasing
or otherwise acquiring any real property for use in the
work required hereunder and for which reimbursement will
be claimed hereunder.
5
(f) The Government may furnish materials, supplies,
apparatus, equipment or other articles for use in the per-
formance of the work required hereunder, and such property
shall be used by the Contractor only as directed by the
Contracting Officer or his authorized representative.
ARTICLE 2, (a) The Government shall reimburse the Con-
tractor, upon the submission of certified public vouchers
approved by the Contracting Officer or his authorized repre-
sentative, for the actual dost to the Contractor of per-
formance of its undertakings hereunder in an amount not
exceeding - forty-seven thousand five hundred dollars
($47,5000) The Contractor may submit such vouchers at
monthly intervals for actual costs incurred and not
previously reimbursed, except that the final reimburse-
ment payment diall not be made until receipt of (i) the
final report required by ARTICLE 1 (c) (i) the lists
of articles required by ARTICLE 3, and tiii) the dis-
closure and designation required by ARTICLE 5 (b).
(b) Notwithstanding the provisions of ARTICLE 1 (b),
when and if actual costs in such maximum amount shall have
been incurred or lbligated hereunder, the Contractor shall
not be required to incur or obligate further actual costs
hereunder unless and until the Contracting Officer shall
first agree in writing to reimburse the Contractor for
such further actual costs.
(c) All vouchers submitted shall indicate, with re-
spect to each class of items listed by the Contractor
thereon, the particular subparagraph of paragraph (d),
below; under which reimbursement is claimed, shall be
itemized as required by the Contracting Officer, and
shall be supported by the appropriate substantiating docu-
ments required by the Contracting Officer or his authorized
representative such as original itemized receipted invoices,
original itemized receipted bills, original signed pay-
rolls9 receipts from employees, or certified true copies
tereof.
(d) "Actual cost" as used herein includes only the
following:
(i) Expenditures by the Contractor for the
salaries and wages of its employees directly engaged in the
work required hereunder, plus Federal and State Social
Security taxes payable by the employer with reference to
such salaries and wages;
6
(ii) Expenditures by the Contractor for such
materials, supplies, apparatus, equipment and other articles
(including processing, alteration, and testing thereof,
and rental of apparatus and equipment from others) as are
necessary for performance of the work required hereunder;
(iii) An allowance for overhead costs in an
amount not exceeding fifty per cent (50%) of the total
salaries and wages reimbursable under subparagraphs (d) (i)
and (d) (x) of this Article 2;
(iv) Expenditures by the Contractor necessary
solely for performance of the work required hereunder for
long distance telephone calls, telegrams, cablegrams, radio-
grams# postage, freight, express, and drayage;
(v) Expenditures by the Contractor necessary
for performance of the work required hereunder for the
actual traveling expenses of persons directly engaged in
such work, plus the actual subsistence expenses of such
persons incurred during periods of travel or; at the
Contractor's option, an allowance, not exceeding six dol-
lars (460oo) per person for each calendar day (midnight
to midnight) during a period of travel (or, for fractional
parts of a calendar day, 1 of such amount for each 6-hour
period or fraction thereof), in lieu of the actual sub-
sistence expenses of such persons; Provided, That expenses
for travel hereunder by motor vehicle other than common
carrier shall be reimbursed on a mileage basis at a rate
not exceeding five cents (54) per mile per vehicle, in
lieu of the actual expenses of such travel;
(vi) Expenditures by the Contractor for
premiums on insurance approved by the Contracting Officer
or his authorized representative au part of the actual
cost of the work required hereunder;
(vii) Expenditures by the Contractor for
the leasing of real property or the construction or altera-
tion of buildings;
(viii) Expenditures by the Contractor repre-
senting reimbursement to subcontractors under ARTICLE 1 (d);
(ix) Expenditures by the Contractor, approved
by the Contracting Officer or his authorized representative,
incurred under ARTICLE 3 and the ARTICLE 15 hereof;
(x) Expenditures by the Contractor to reim-
burse other employers for the salaries of employees released
for and directly engaged in the work required hereunder but
whose salaries are not reimbursed under subparagraph (i)
hereof, plus Federal and State Social Security taxes payable
by the employers and reimbursed by the Contractor, on
such salaries;
7
(xi) Expenditures by the Contractor not oth-
erwise reimbursed which may be specially determined by the
Contracting Officer or his authorized representative and
specifically certified by him in writing to constitute
part of the actual cost of the work required hereunder.
ARTICLE 3. Upon the completion of the work required
under ARTICLE 1 (a), unless the Contracting Officer and the
Contractor shall otherwise agree in writing, the Contractor
shall:
(i) Furnish to the Contracting Officer or
his authorized representative within thirty (30) days
lists, itemized and substantiated as required by the Con-
tracting Officer or his authorized representative, of all
materials, supplies, apparatus, equipment, or other property,
real or personal in which the Government has any interest
hereunder which t,) have been delivered by the Contractor
to third persons, or (b) have not been expended or deliv-
ered hereunder;
(ii) Deliver at the Government's expense all
such articles of personal property which have not been ex-
pended or delivered when and where directed by the Contract-
ing Officer or his authorized representative; and
(iii) Promptly advise the Contracting Officer
or his authorized representative whether it elects to have
any buildings constructed hereunder demolished or any build-
ings altered hereunder substantially restored to the condi-
tion prior to such alteration; if it elects such demolition
or restoration, the Government shall reimburse it for the
cost of such demolition or restoration; if it elects to re-
tain the benefit of such constructions and alterations it
shall return to the Government a sum in consideration
therefor determined by the Contracting Officer to be fair
and proper.
ARTICLE 4. (a) The Contractor shall be responsible
to the Government, over and above the amount compensated
by insurance, for the loss of or damage to materials, sup-
plies, apparatus, equipment and any other property, real
or personal, in which the Governi'lent has any interest
hereunder, only if and so far as attributable to the negli-
gence of an official of the Contractor in hiring or retaining
employees or otherwise acting in his official capacity;
Providedp That the Contractor shall
8
(i) Furnish to the Contracting Officer prompt-
ly upon the execution hereof an itemized list of all exist-
ing insurance policies which cover any of the risks involved
in the work hereunder, and its suggestions in writing as to
additional insurance policies necessary to protect the Gov-
ernment and the Contractor, and
(ii) Maintain insurance in such forms and
amounts and for such periods of time as the Contracting
Officer may approve or require.
ARTICLE 5. (a) The Contractor hereby grants to the
Government of the United States an irrevocable option to
purchase a non-exclusive license or licenses, subject to
the payment of royalties to make, have made, and use,
for military, naval, and national defense purposes, and
to sell in accordance with law, material, and to use
processes, under all United States patents and applica-.
tions for patents owned or controlled by the Contractor
covering inventions heretofore developed and actually or
constructively reduced to practice and concerned with
the subject matter of this contracte Any such license
shall be granted upon reasonable terms subject to negotia-
tion at the time the Government may desire to exercise its
option hereunder.
(b) The Contractor agrees to and does
hereby, in consideration of the premises and in considera-
tion of payments to be made by the Government under this
contract, grant unto the Government a non-exclusive, irre-
vocable, royalty-free license, to make, have made, and
to sell or otherwise dispose of in accordance with law,
material, .and to use processes, under all inventions made
in carrying out the work contemplated by this contract,
including all inventions [xclusive of inventions covered
by subparagraph (aD which for the first time were actually
or constructively reduced to practice as a result of the
work contemplated by this contract, whether patented or
unpatented. The Contractor agrees to make to the Govern-
ment, prior to the final settlement under this contract,
a complete disclosure of all inventions made in carrying
out the work contemplated by this contract and to designate
in writing which of the said inventions have been or will
be covered by applications for patents filed or caused to
be filed by the Contractor. The Contractor shall have
the right, upon notification by the Government, to elect
whether it or the Government shall file applications for
patents on inventions in addition to those designated
by the Contractor as aforesaid.
9
(c) As to all such inventions that are not
covered by applications for patents as specified in sub-
paragraph (b) the Contractor agrees that the Government
shall have the right, at the Governmentts expense, to
file, prosecute, and act upon applications for patents
thereon, and the Contractor shall secure the execution of
the necessary papers and do all things requisite to protect
the Government's interest in prosecuting such applications
to a final Issue, When an application for patent is filed
by the Government as aforesaid, all right, title, and inter-
est in and under the patent shall be assigned to the Govern-
ment by the Contractor except that the Contractor may re--
taln a non-exclusive license non-transferable except to an
assignee of the entire business to which said license is
appurtenant
(d) The Contractor covenants that it has not
entered into and will not enter into any arrangement to
evade the intent of this Article for the Government to
obtain without further payment a non-exclusive license to
patents; applications for patents and inventions as called
for in subparagraph (b) above.
(e) It is agreed that the execution of this
contract shall not constitute a waiver of any rights the
Government may have under patents or applications for
patents.
ARTICLE 6, During the continuance of the present
unlimited National Emergency, the Contractor shall not
disclose any information concerning this contract or ob-
tained as a result of the work hereunder to any person,
except employees assigned to such work, without the written
consent of the Contracting Officer. Subsequent to the
termination of such Emergency, disclosure of such informa-
tion shall be governed by the applicable laws and regulations
governing the disclosure of classified information.
ARTICLE 7. The Contractor shall immediately submit
a confidential report to the Contracting Officer or his
authorized representative whenever for any cause it has
reason to believe that there is an active danger of es-
pionage or sabotage affecting any of the work hereunder.
ARTICLE 8e The Contractor shall not employ any
alien on or permit any alien to have access to the plans,
specifications, or work hereunder without the written con-
sent of the Contracting Officer as to each such alien.
10
ARTICLE 9. The Contractor, whenever requested by
the Contracting Officer or his authorized representative,
shall report to the Contracting Officer the citizenship*
country of birth, or alien status of any or all of its em-
ployees at the site of, or having access to, any of the work
hereunder,
ARTICLE 10. The Contractor shall not employ or con-
tinue to employ on, and shall exclude from the site ofr any
of the work hereunder any person or persons designated by
the Contracting Officer or his authorized representative
for cause as undesirable to have access to such workf
ARTICLE 11. The Contractor warrants that it has not
employed any person to solicit or secure this contract upon
any agreement for a commission, percentage, brokerage or
contingent fee, Breach of this warranty shall give the
Contracting Officer or his authorized representative the
right to annul the contract, or, in its discretion, to
deduct from the contract price or consideration the amount
of such commission, percentage, brokerage or contingent fee.
This warranty shall not apply to commissions payable by
the Contractor upon contracts of sale secured or made
through boirs fide established commercial or selling agencies
maintained by the Contractor for the purpose of securing
business,
ARTICLE 12# The Contractor shall not discriminate
against any worker under this contract because of race,
creed, color or national origin.
ARTICLE 13. No Member of or Delegate to Congress#
or Resident Commissioner, shall be admitted to any share
or part of this contract or any benefit that may arise
therefrom but this provision shall not be construed to
extend to this contract If made with a corporation for
its general benefit,
ARTICLE 14. The term "Contracting Officer" as used
herein includes the duly authorized successor of the Con-
tracting Officer and any person authorized to perform the
functions of the Contracting Officer hereunder. The term
"authorized representative" refers to any person designated
as such by the Contracting Officers For the purposes of
this contract the National Academy of Sciences is hereby
designated as the authorized representative of the Contract-
ing Officer*
11
ARTICLE 15. The Contracting Officer or his au-
thorized representative may at any time advance the date
specified in ARTICLE 1 (b) by giving the Contractor thirty
(50) days' notice in writing that the work hereunder shall
terminate at a specified earlier date, and thereupon such
work shall terminate on such earlier date. Upon receipt
of such notice the Contractor shall exercise all reasonable
diligence to obtain the cancellation of any and all out-
Eanding commitments running beyond such earlier date which
it may have made by reason of work hereunder, but the Govern-
ment shall indemnify the Gontractor against any loss upon
outstanding commitments which it is unable to cancel;
Provided, That in no event shall the maximum amount payable
under this ARTICLE exceed the maximum amount specified in
ARTICLE 2, less any amounts paid or payable to the Con-
tractor under said ARTICLE 9 prior to such notice.
IN WITNESS WHEREOF, the Government and the Con-
tractor have caused this contract to be signed and sealed,
intending to be legally bound thereby.
THE UNITED STATES OF AMiERICA
WAR PRODUCTION BOARD
Witnesses:
By
Contracting Officer
.UNIVERSITY OF KENTUCKY (SEAL)
By (Signed) Richard C, Stoll
Chairman, Executive
Committee
It was explained to the Executive Committee that this contract
represented a project worth about $47,500, same being the cost of
material to be used, labor, and overhead expenseea
12
3. Upon motion duly made, seconded and unanimously
passed, 'the contract was approved and the Chair-
man of the Executive Committee was authorized
to sign same on behalf of the University of
Kentuckyo
*i * * F* * * * * *
F. Liability and Theft Insurance.
President Donbvan presented the following letter from Comptrolle:
Peterson requesting a University policy for carrying liability and
theft insurance on University trucks:
March 22, 1945
President H. Le Donovan
University of Kentucky;
Dear President Donovan:
When you came here the University as a whole was
not carrying liability and theft insurance on trucks.
There was an exception in the case of two one-half ton
Dodge trucks operated by the Experiment Station. Fire
insurance is carried, by the University through the
State Fire and Tornado Insurance Fund, on all trucks.
It is contrary to the policy of the State to carry
liability insurance and it seems to be contrary to the
policy of the Board of Trustees. However, in view of
the fact that I cannot find in the Minutes an established
policy, I am asking to be advised as to whether or not
existing policies for liability and theft on University
of Kentucky trucks shall be renewed.
Sincerely,
(Signed) Frank D, Peterson
Comptroller.
After some discussion on this question, it was moved and second-
ed that the Comptroller be directed to investigate the cost of
liability and theft insurance for all of the trucks of the Uni_
versityp including the Experiment Station, and report to the Board
of Trustees at their meeting on April 6.
13
Go Accident Io Rusaell Reynolds,
President Donovan submitted the following letter relative to
(.. accident to Russell Reynolds, carpenter in the Division of
i.t1.ntenance and Operationso After discussion, the Committee took
the following action:
March 26, 1943
President H. Lo Donovan
University of Kentucky
In Re: Accident of Russell Reynolds,
Carpenter, December 9, 1942,
at 4:15 pm.
Dear President Donovan:
Mr. Russell Reynolds was using the circular saw and$
En attempting to throw a stick off the board, the stick
caught on the saw and pulled his hand into the machine.
Three fingers were nearly cut off of the left hand at
the second joints He was taken to the Good Samaritan
Hospital where the fingers were Amputated and treatment
giveno Mr. E. B. Farris accompanied kro Reynolds to the
hospital aid talked to Dr. Allen E. Grimes, Staff Physician
at the Good Samaritan Hospitala
The Good Samaritan Hospital rendered a bill for
$22451, for hospital room and care, operating room fees,
medicine and dressings. Dr. Gladys Smithwick submitted
a bill for administering anesthesia of $lC.OO. Dr. A. E.
Grimes submitted his bill for amputation ox three fingers
and seven office visits and dressings amounting to
$100000.
Mr. Reynolds has been employed with the University
since March 8, 1942.
Yours very truly
(Signed) Frarnk D. Peterson
Comptroller*
14
4, Upon motion, duly made, seconded and passed
the Executive Committee authorized the payment
of the hospital bill submitted by the Good
Samaritan Hospital for 422.45; the bill for
surgery submitted by Dr. Allen E. Grimes for
$100o00; and the bill for anesthesia sub-
mitted by Dr. Gladys Smithwick for $10-00;
and the Committee ordered that it is the
express understanding that action on this
claim is without commitment as to requests
for payment of medical and other bills
incurred in cases of injury to employees
and that the Committee does not establish
a precedent and does not admit negligence
or liability in paying these hospital and
doctors' bills,
Ho Ration Bank Account ARporovedo
The following letter and resolution were presented to the Execu-
tive Committee:
March 15, 1943
President H. L. Donovan
University of Kentucky
Dear President Donovan:
I am submitting Resolution which should be
presented to the Executive Committee to legalize the es-
tablishment of a ration bank account.
Respectfully submitted
(Signed) Frank D, Peterson
Comptroller.
Resolution
RESOLVED, that a ration bank account, or accounts, as
defined in General RaticnOrder No, 3, be opened and maintained
in the name of this Corporation with First National Bank and
Trust Company, Lexington, Kentucky, which bank shall act as
an agency of and under the direction and supervision of
the Office of Price Administration and shall be responsible
15
only to the Office of Price Administration; thrt any of
the following officers or employees of this Corporation,
thq Comptroller and such employees as he may designate
is/are hereby authorized, on behalf of this Corporation,
and in its names To sign ration checks, as defined in said
Order; to endorse ration checks, or other ration evidences,
owned, or held by this Corporation, for deposit in said
account; and
FURTHER RESOLVED; that the Secretary or Assistant
Secretarty shall certify to said Bank and the Office of
Price Administration the names of such officers and employees
at present, and shall from time to time hereafter, as changes
in the personnel are made, immediately certify such changes
to the bank and the Office of Price Administration; and
FURTHER RESOLVED) that First National Bank and Trust
Company, Lexington, Kentucky, be and it hereby is authorized
to receive and honor all ration checks signed in accordance
with the foregoing resolution, and such certification by
the Secretary or Assistant Secretary; and
FURTHER RESOLVED, that the foregoing resolution shall
remain in full force and effect until written notice of
their amendment or rescission shall have been received by
said Bank$ and
FURTHER RESOLVED, that the foregoing authorization
and resolutions sha11 apply to any and all ration bank
accounts which this Corporation now is or may at any future
time be required or authorized by the Office of Price
Administration to open or maintain, without further au-
thorization from this Board of Directors; and
FURTHER RESOLVED, that the Secretary or Assistant
Secretary be, and he is hereby authorized and directed to
certify to said First National Bank and Trust Company,
Lexington, Kentucky, and to the Office of Price Administra-
tion the foregoing resolution and that the provisions
thereof are in conformity with the Charter and By-Laws
of this Corporation*
* * * * * * * * * *
5, Upon motion, duly made, seconded and unanimous-
ly carried, the resolution was passed and the
Secretary was authorized to transmit to the
First National Bank and Trust Company an at-
tested copye
* *F * * * if * it * *
16