EMPLOYMENT

AGREEMENT

This Agreement is entered into this 18th day of February, 2002, by and between the NDSU Research and Technology Park, Inc. ("Research Park") and Tony Grindberg ("Employee"). The Parties herein agree as follows: I. Employment. Employee shall be employed as the Director of the Research Park, to be the primary operating officer for the Research Park and to serve the Research Park with such duties and responsibilities as may be assigned to Employee by the President of the Park, the Board of Directors, and such other members of the Board as may be designated by the Board. The Director shall devote his best efforts and all of his business time to the performance of his duties under this Agreement and shall perform them faithfully, diligently, and competently and in a manner consistent with the policies of the Research Park as determined from time to time by the Board. Employee shall report to such Board Director as identified by the Board, which currently is Phil Boudjouk. The Employee shall not engage in activities outside the scope of his employment if such activities would detract from or interfere with his fulfillment of his responsibilities or duties under this Agreement or require substantial time or services on the part of the Employee, The Employee shall not serve as a director (or the equivalent position) of any company or other entity and shall not receive fees or other remuneration for work performed either within or outside the scope of his employment without prior written consent of the Board. Upon approval of the Board, the Consulting Contract for Management and Marketing Services between the Fargo Cass County Economic Development Corporation and the Skills Technology and Training Center may be assigned to the Research Park with Employee's services thereunder to continue under said contract. Term of Employment. The term of employment shall initially be a probationary period of six months. Initial employment shall occur on February 18, 2002. After the initial six month probationary period, the term of employment shall be on an annual (12 months) contract basis which renews thereafter on an annual basis unless terminated. There shall be regular performance reviews, the initial review being at the.end of the six month initial probationary period with annual reviews thereafter. Compensation. Employee's initial annual salary shall be $100,060. In addition, Employee shall receive a monthly automobile allowance in the amount of$350. Benefits. Employee shall receive annual vacation at 16 hours per month with a maximum carryover at December 31 of any year of240 hours into the following calendar year. Employee has health insurance through PERS as a

2.

3.

4.

member of the N.D. Legislature. Should he not remain in the Legislature, he
is entitled to a paid plan with similar benefits. Employee's sick leave shall be

8 hours per month. Employee shall be entitled to a disability insurance policy with benefits similar to the NDSU TIAAfCREF plan starting March 1, 2002. Employee will receive a 40 1(a) with payment of 9 Y2percent of salary by the Employer. The plan will be effective March 1,2002. In addition, Employee shall receive office space with appropriate furniture, including computer, in the new Research Park Building # 1 and a parking space. Employee is entitled to use, subject to paying the applicable dues, the Health and Wellness Center. Employee shall receive administrative time off for Legislative duties in the North Dakota Legislature should Employee continue in such position. The Employee's regular monthly salary during actual Legislature service shall be reduced by his Legislative compensation (excluding the $250/month payment for public duty pursuant to N.D.C.C. § 54-03.20), not including expense reimbursements. The Employer, however, reserves the right, in its- discretion, to require Employee to terminate his legislative service should Employer determine it presents legal problems or otherwise is contrary to Employer's interests.
5.

Contractual Authority. Employee shall have only such contractual authority as is specifically delegated by the Board of Directors. Employee's a. loyalty to Employer's Interests.

6.

Employee shall devote all of his time, attention, knowledge, and skill solely and exclusively to the business and interests of employer, and employer shall be entitled to all benefits, emoluments, profits, or other issues arising from or incident to any and all work, services, and advice of employee. Employee expressly agrees that during the term hereof he will not be interested, directly or indirectly, in any form, fashion, or manner, as partner, officer, director, stockholder, advisor, employee, or in any other form or capacity, in any other business similar to employer's business or any allied trade, except that nothing herein contained shall be deemed to prevent or limit the right of employee to invest any of his surplus funds in the capital stock or other securities of any corporation whose stock or securities are publicly owned or are regularly traded on any public exchange. The Employee shall not, directly or indirectly, either during the term of the Employee's employment under this Agreement or thereafter, disclose to anyone (except in the regular course of the Research Park's business or as required by law), or use in any manner, any information acquired by the Employee during his employment by the Research Park with respect to any clients or customers of the Research Park or any confidential or secret aspect of the Research Park's operations or affairs unless such information has become public knowledge other

b.

than by reason of actions (direct or indirect) of the Employee.

c.

AU memoranda, notes, records, or other documents made or composed by the Employee, or made available to him during the term of this Agreement concerning or in any way relating to the business or affairs of the Research Park, its subsidiaries. divisions, affiliates, or clients shall be the Research Park's property and shall be delivered to the Research Park on the termination of this Agreement or at any other time at the request of the Research Park. The Employee hereby assigns and agrees to assign to the Research Park all his rights to and title and interest to all Inventions, and to applications for United States and foreign patents and United States and foreign patents granted upon such Inventions and to all . copyrightable material or other works related thereto that arise out of his employment. Within an annual contract period, except for the initial

d.

7.

Termination.

probationary period, termination can only be for cause or financial exigency. If termination is for financial exigency, Employee will receive 6 months

notice. Employer may nonrenew Employee at will, to be effective at the end of any contract period, by giving employee at least six (6) months notice of such nonrenewal.

8.

.,r-"

\

"

Modification. This Agreement can only be modified in written form bYJ ....\ ~ mutual agreement of the Parties. Employer is free to enact and implement L i . other employee benefit programs which, unless stated specifically in this- . Agreement, do not become part of the contractual agreement between the Parties but are at the sole discretion of Employer. Rules and procedures of the Board of the Research Park, as same may exist or are hereafter amended or created, become a part of this employment can ;

Tony Grindberg Date Director, NDSU Research & Technology Park

Company:

NO

calendarYear:

2007

EmplID:

Tax Form 10: W-2

Process Flag: Complete

Arst Name: last Name:

TONY
GRINOBERG

Middle Name: SuffIX: Control Number: Sequence:
SOCial Security #: •

Address 1: Address 2: City:

283239112 AVE SW
FARGO
ND Postal COOe: 58104-7014

Country. USA

~ 01

Description

~ compensation

locality localitv Name

W-2A!1lOunt
20262.50

Wages,tlps,other

Company.

NO

catendar Year:

2006

EmplID:

Tal« Form 10: W-2

Process Flag: Complete

first Name: last Name:

TONY
GRINOBERG

Middle Name: SuffIx: AVE 8W Controt Number: Sequence: SocIal Security #:

Address 1: Address 2:
City.

283239112

FARGO
ND PostalCode: 58104-7014 Country. USA

state:
!

L.J]stat~myEm~_
Box Description
01 Wages,tips,other

~ compensation

locality

localit\fName

'W-2Amount
5982.50

Company: Balance!D: Balances for Year:

ND CY 2010

state of North Dakota Calendar Year

Quarter:
Period: Total Gross YID:

Quarter 2 May $3,123.00

2

Company!

ND

Calendar Year:

2009 EmpllD:

Tax form 10: W-2

Process Rag: Complete

first Name: TONY

MiddeName: Suffix: Control Number. Sequence: Social Securify 'It.

last Name: GRIND8ERG
Address 1: 4755 Douglas Drive

Address 2:

ay.

FARGO NO

state:

Postal Code:

58104

Country. USA

Company.

NO

Calend_Vear:

2008 EmplID:

Tax Form

II):

W-'1.

Process Rag; Complete

first Name: TONY last Name: Address 1: Address 2:
City.

ORINDBERO 4755 Douglas DrillS

Control Number: Sequence: Social Security ~:

FARGO ND Postal Code: 58104 Country. USA

State:

_

DMcription

w.,2 Art'IQY!!J
7542.00

01 Wages,tips,olher compenss,tion

1

resear
1B54 NDSU research

NDSU

ch
.'. phone 701.499.3600
""r:l\'{.

PARK INC.

circle north .. fargo ND 58102

:. fax 70i.499.361.0 n d s u res e a r chp a rtc. com

April 30, 2010

Moonlight Research 617 Plain Hills Drive Grand Forks, ND 58201 Dear Sir: Enclosed please find salary information for Tony Grindberg, Executive Director of the NDSU Research & Technology Park as required by annual Internal Revenue Service 990 SOl-C-3 disclosure reporting requirements. 2006-$120,143.00 2007-$115,293.00 2008-$133,748.00 2009-$123,466.00 (to be submitted)

board
president

of

directors

JOSEPH A. CHAPMAN .". North Dakota State University BARRY MARTIN

vice president
.'. US Banl< CHARLES HOGE

secretary Itreasurer
:. Otter Tai! Corporation

MICHAEL CHAMBERS

assistant

secretary

Mr. Grindberg takes unpaid leave for regular legislative session calendar days and is not required to take unpaid leave outside the legislative session. Sincerely,

.'. Aldevron. LLC.

BARRY BATCHELLER .'. Appareo Systems PHILIP BOUDJOUK .', North Dakota State University LARRY ELLINGSON :. Eli lilly (Retired) CRAIG SCHNELL .'. North Dakota State University PAUL STEFFES .. Steffes Corporation BRADLEY SWENSON .". Ulteig Engineers

G Jan So b0'lik Operations Specialist
Enclosures

(·f~1 t/pbiyt/G

executive director
TONY S. GRINDBERG north dakota STATE UNIVERSITY

Page 1 of3

From~
Date:

"Miller,Eric" <Eric.J.Miller@ndsu.edu>

Tuesday, November 16, 20102:00 PM To: "Bresciani, Dean" <Dean.Bresciani@ndsu.edu> Cc: "Johnson, Rick" <Rick.Johnson@ndsu.edu>; "Bollinger, Bruce" <bruce.bollinger@ndsu.edu> Subject: RE: Memo on Tony Grindberg Salary Review Dr. Bresciani Thank you for your review ane! analysis. At this point, I \Ni!! consider this matter closed and finalize and file the workpapers.

Regards, Eric Miller Director I Ethics, Compliance and Audit

NDSU Dept. 1030
16 Old Main, P.O. Box 6050 Fargo, NO 58108-6050

phons: 701.23'1.9413
fax: 70'1.23'1.7050

eric. i. miller(ci)ndsu .ec1u http://www.ndsu.edu/auditadvisory

From: Bresciani,Dean

To: Miller, Eric

Sent: Tuesday, November 16, 2010 12:43 PM

Cc: Johnson, Rick; Bollinger, Bruce Subject: RE: Memo on Tony Grindberg Salary Review Than~ you for your review and analYSis. After now having gone through details of the situation, as well as the complainant's history of targeted requests/complaints along these lines, my own analysis is: 1) Similarly to yours, I believe that the complaint state agency issue involved. While there could in theory be a reputational substantive concern. is misdirected in terms of there being a

2)

issue, I don1t believe that to be a

3) Additionally
appropriate followed.

my review leaves me to conclude that, related to the complaint. Research and Technology Paril personnel policies are in place and being

Than~ you for your review.

Bresclonl

4/29/2011

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