DocuSign Envelope ID: 9BAD9E2E-E538-4E1B-A88B-4ABE6D18E5C3

RENEWAL EMPLOYMENT AGREEMENT

THIS RENEWAL AGREEMENT is entered into on this 25th day of June, 2024, by and
between Douglas Jensen (“Dr. Jensen”) and the North Dakota State Board of Higher Education
(the “SBHE”) and sets forth the terms and conditions of Dr. Jensen’s employment. The effective
date of this Renewal Agreement shall be July 1, 2024.

1. Renewal. This Renewal Agreement replaces and extends the term of the prior Renewal
Agreement between the parties dated July 1, 2023. Dr. Jensen agrees to perform such duties
and services on behalf of the SBHE as set forth in the prior Renewal Agreement, the SBHE
policy manual, including as subsequently revised, including but not limited to Policy 305.1,
other directives from the SBHE or Chancellor of the North Dakota University System
(NDUS), and those appropriate and commensurate with the role of President. The SBHE
agrees that it will not reduce Dr. Jensen’s compensation or reassign Dr. Jensen to any
position within the NDUS other than President of Bismarck State College without consent
or for cause as provided herein.

2. Faculty Appointment. Dr. Jensen’s faculty appointment shall continue as set forth in Dr.
Jensen’s initial Agreement dated March 26, 2020, in the Department of Business
Administration.

3. Term. The term of any previously existing agreement is superseded as of the effective date
of this Renewal Agreement. The term of this Renewal Agreement shall be for two years
commencing on July 1, 2024, and extending through June 30, 2026, unless earlier
terminated as set forth herein.

4. Compensation, Allowances, and Other Benefits.

a. Base Salary. Dr. Jensen will be paid an annualized base salary of two hundred
fifty-eight thousand nine hundred fifty-two dollars ($258,952) for the first year
of the term of this Renewal Agreement, paid in accordance with and subject to
Bismarck State College’s normal payroll process. Compensation for successive
contract years shall be set by the SBHE as funds are available and as part of the
annual performance review process. Dr. Jensen’s salary shall not be decreased
during the term of this Renewal Agreement unless required by financial exigency.

b. Expense Reimbursement. Bismarck State College will reimburse the reasonable

cost of all official travel and other business expenses in accordance with SBHE and
Bismarck State College policies.

c. Transportation. Dr. Jensen may utilize a vehicle provided by an affiliated

foundation in its discretion as a cost-free lease, provided that Dr. Jensen obtains
insurance in an amount and type acceptable to the foundation, naming the
Foundation and SBHE as additional insureds, and agrees, in writing, not to seek
reimbursement or indemnification from NDUS or the state risk management fund
in the event of a collision or other casualty, except as otherwise provided by law.
Dr. Jensen may instead utilize a personal vehicle for official travel and receive a
mileage reimbursement pursuant to SBHE and Bismarck State College policies.
Alternately, Dr. Jensen may use a state fleet vehicle for official travel, subject to all
1
DocuSign Envelope ID: 9BAD9E2E-E538-4E1B-A88B-4ABE6D18E5C3

applicable rules, policies, and procedures.

d. Benefits and Retirement. Dr. Jensen shall be eligible to participate in all leave and
benefit plans available to institutional chief executive officers, subject to the plan
documents and other restrictions. Dr. Jensen shall also be eligible for the North
Dakota State Board of Higher Education Executive Compensation Defined
Contribution Retirement Plan, dated July 1, 2004, if and when eligible under the
Plan documents, or any successor plan.

e. Tax Reporting. The NDUS will report the above items as income to the extent
required by applicable state and federal tax rules and regulations.

5. Outside Activities. Dr. Jensen’s duties require a full-time commitment of his professional
efforts. Notwithstanding, Dr. Jensen may participate in outside activities, such as serving
on boards, consulting, delivering speeches, and writing, provided that Dr. Jensen complies
at all times with applicable conflict of interest policies and state laws. Dr. Jensen shall
disclose and obtain prior written permission from the Chancellor, which shall not be
unreasonably withheld, for paid outside arrangements which would require a substantial
time commitment.

6. Termination.
a. For Cause. Dr. Jensen may be suspended or terminated for cause pursuant to
SBHE Policy 305.1(8).

b. Without Cause. The SBHE may terminate this Renewal Agreement without cause
in accordance with policy 305.1(7). If the SBHE terminates this Renewal
Agreement without Cause, Dr. Jensen shall be entitled to either (1) any payment
due and owing pursuant to SBHE Policy 305.1(7); or (2) return to the faculty
pursuant to SBHE Policy 605.1(6)(b)(iii), if tenured, or to a non-tenured faculty
position with compensation commensurate to similar positions in the Department.
If Dr. Jensen elects to receive payments pursuant to option (1), then Dr. Jensen
must resign any NDUS faculty appointment on the effective date of Dr. Jensen’s
termination and provide to the SBHE and University an unqualified general
release of claims in a form satisfactory to the SBHE and its legal counsel, dated
as of the effective date of termination.

c. Permanent Disability. If Dr. Jensen becomes permanently disabled during the term
of this Renewal Agreement, this Renewal Agreement shall automatically
terminate effective the date of permanent disability, except that Dr. Jensen shall
receive all benefits to which Dr. Jensen is then entitled, including as pursuant to
any disability insurance plan in which Dr. Jensen participates. For the purposes of
this Renewal Agreement, a disability is permanent if Dr. Jensen is unable to
perform the essential functions of the job for a period of 120 continuous days, with
or without reasonable accommodations, as reasonably determined by the
Chancellor, in consultation with the SBHE Chair and Dr. Jensen’s chosen
physician.

d. Death. In the event of Dr. Jensen’s death during the term of this Renewal
2
DocuSign Envelope ID: 9BAD9E2E-E538-4E1B-A88B-4ABE6D18E5C3

Agreement, this Renewal Agreement shall terminate as of the date of the Dr.
Jensen’s death, and Dr. Jensen shall be entitled to no compensation after that date,
other than that provided by benefit plans in which Dr. Jensen elected to participate.

7. Entire Agreement. This Renewal Agreement contains the entire Renewal Agreement of
the parties and shall be binding upon the parties, their heirs, administrators, successors, and
assigns. This Renewal Agreement represents the complete integration of all understandings
between the parties and all prior representations and understandings, oral or written, are
merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall
not have any force or effect whatsoever, unless embodied herein. In the event of a conflict
between the terms of this Renewal Agreement and an SBHE Policy or Procedure, the
SBHE Policy or Procedure shall prevail even if revised after execution of this Renewal
Agreement, subject to the provisions of Paragraph 6(b) herein.

8. Miscellaneous Terms. If any provision of this Renewal Agreement is determined to be

void, invalid or unenforceable for any reason, it shall be considered severed from this
Renewal Agreement and such invalidity shall not affect the validity or enforceability of the
remaining provisions. Waiver by any party of a breach of any provision of this Renewal
Agreement shall not operate as or be construed as a continuing waiver or a waiver of any
subsequent breach hereto. This Renewal Agreement shall be governed by and construed
under the laws of the State of North Dakota without reference to conflicts of law principles
thereunder. Any action brought under this Renewal Agreement shall be brought only in a
state district court located in Burleigh County, North Dakota and each party waives all
objections to want of personal jurisdiction or forum non conveniens. The SBHE does not
agree to participate in any type of alternative dispute resolution, and any such decision to
participate in alternative dispute resolution is reserved to the North Dakota Attorney
General or their designee. This Renewal Agreement may not be amended or modified except
as mutually agreed upon by the parties in a document that is reduced to writing and signed
by both parties. This Renewal Agreement may be executed in counterparts which, when
read together, shall constitute one complete executed original.

Signatures
6/25/2024

Douglas Jensen, President Date

Bismarck State College

6/26/2024

Tim Mihalick, Chair Date

State Board of Higher Education

6/26/2024

Mark Hagerott, Chancellor Date

North Dakota University System
3