HomeMy WebLinkAboutPO 5993: EDC/FLOYD BATISTE EMPLOYMENT AGREEMENTinteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney r-j~,,,~ .
Date: March 17, 2009
Subject: P. O. No. 5993 Council Meeting of March 24, 2009
Attached is P.O. No. 5993 approving an agreement of employment for
Floyd Batiste as Chief Executive Officer of the City of Port Arthur Section 4A
Economic Development Corporation and authorizing the City Council of the City
of Port Arthur to execute the agreement, pursuant to the Bylaws.
MTS:ts
Attachment
cc: Floyd Batiste
Guy Goodson
z. po5993_memo
P.O. No. 5993
03/19/09 MTS/gt
ORDINANCE NO.
AN ORDINANCE APPROVING AN AGREEMENT OF EMPLOYMENT
FOR FLOYD BATISTE AS CHIEF EXECUTIVE OFFICER OF THE
CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION AND AUTHORIZING THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR TO EXECUTE THE AGREEMENT
PURSUANT TO THE BYLAWS
WHEREAS, per Ordinance OS-085, the City Council approved the appointment of Floyd
Batiste as CEO of the City of Port Arthur Section 4A Economic Development Corporation (the
"PAEDC") as delineated in the Agreement, attached hereto as Exhibit "A"; and
WHEREAS, the PAEDC has agreed to provide certain salary and benefits, establish
certain conditions of employment and set working conditions of Mr. Batiste; and
WHEREAS, Floyd Batiste desires to continue employment as Chief Executive Officer of
the PAEDC on the terms and conditions, as attached as Exhibit "B", which aze not effective
unless and until the City Council of the City of Port Arthur approves said Employment
Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble aze true and correct.
Section 2. That the City Council approves the agreement between Floyd Batiste and the
PAEDC as the CEO of the EDC, as set forth in the Agreement attached as Exhibit "B".
Section 3. That any future amendments or changes to the agreement may be done by
Resolution.
Section 4. That this Ordinance and the Agreement shall be effective on April 1, 2009.
Section 5. That a copy of the caption of the Ordinance be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED on this day of A.D., 2Q09,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Deloris "Bobbie" Prince, Mayor
ATTEST:
Terri Hanks, City Secretary
APPROVED AS TO FORM:
Mazk T. Sokolow, City Attorney
z.po599i Page 2
EXHIBIT "A"
Port Arthur Economic Development Corporation
P. 0. Box 3934 ~ Part Arthur, Texas 77642
409/963-0579 409/96?-4445 fax
Email: portarthuredcc~'portarthur.net http://www.portarthuredcccim
November 16, 2005
Mr. Floyd Batiste
4231 Lakeshore Drive
Port Arthur, Texas 77642
RE: Letter of Agreement
Chief Executive Officer of City of Port Arthur Section 4A Economic
Development Corporation
Dear Floyd:
Pursuant to our conversations on November 15, 2005, we are pleased to extend
an offer of employment to you as the selected candidate for the position of Chief
Executive Officer ("CEO'3 for the Port Arthur Section 4A Economic Development
Corporation ("PAEDC'. This Letter of Agreement outlines the general terms and
conditions of your employment (as an at-will employee) of the PAEDC. The
following terms and conditions apply:
A. SALARY INFORMATION
Your starting salary will be $6,000 per month, which is $72,000 annualized.
Additionally, you will be provided a $450.00 per month automobile
allowance.
B. ECONOMIC DEVELOPMENT CERTIFICATION
You must be Certified in Economic Develop by,the International Economic
Development Council (www.iedconline.or4) no later than March 30, 2010.
You must develop a plan for achieving this goal, completing as many of the
requirements as practicable within the first two years, and submit the plan
to the PAEDC Board for approval no later than March 30, 2006.
C. VACATION AND SICK LEAVE
From your first day of employment, you will be provided with two (2) weeks
credit for vacation. Thereafter, you will accrue and vest on a normal
schedule according to existing personnel policy, e.g. normal policy accrues
Name
Date
two (2) weeks of vacation at the end of the first year, 'and accrual of 10
hours of sick leave per month.
D. MEDICAUDENTAULIFE/AD&D
Your medical, dental, life and AD&D insurance will be effective on your first
day of employment. Per PAEDC policy, 100% of the premium for your
health insurance coverage will be paid by the PAEDC and 50% of the
premium will be paid by the PAEDC for dependent coverage if you choose
to cover your dependents under the plan. Alsa, the PAEDC provides
$6,000 life insurance and $5,600 AD&D insurance for you at no cost.
Additional optional coverage is available for both you and your dependants
through payroll deduction.
E. SEVERANCE PAY
Should your employment with the PAEDC be terminated by the PAEDC
within two (2) years from the date you commenced employment for any
reason(s), except for malfeasance in office or if you voluntarily terminate,
the PAEDC will pay six {6) months severance pay. However, should your
employment with the PAEDC be terminated by the PAEDC after two (2)
years from the date you commenced employment for any reason(s),
except for malfeasance in office or if you voluntarily terminate, the PAEDC
will pay you three (3) months severance pay.
F. RETIREMENT
You will become a member of the Texas Municipal Retirement System on
theu first day of your employment with the PAEDC. Your contribution into
the plan will be 5% of your salary and the PAEDC will match that
contribution on a 2:1 basis.
G. BUSINESS EXPENSE ,
Standard business expenses shalt be provided to you via the policies set
forth in the Personnel Policy. Standard business expenses shall be
provided to you by the PAEDC including the costs of belonging to and
attending professional meetings, such as the American Economic Council,
the Southern Economic Development Council and the Texas Economic
Council or other organizations as deemed appropriate. Reasonable and
necessary travel and entertainment expenses incurred on behalf of the
PAEDC are eligible business expenses.
Name
Date
H. MEMBERSHIPS
Your memberships dues in any civic clubs deemed appropriate by the
PAEDC will be paid by the PAEDC.
PERFORMANCE EVALUATION
Your performance will be evaluated annually, based on a minimum
acceptable ., performance standard of satisfactory or better
accomplishments. However, in the first year of employment, you will
receive a performance evaluation at the six (6} month service date, as well
as the twelve (12) month date.
J. STARTING DATE
Your starting date will be December 1, 2006.
K. DRUG SCREENING AND PHYSICAL EXAMINATION
Prior to your first day you will be required to satisfactorily complete a
physical examination and drug screening.
N. RIGHTS UNDER CITY OF PORT ARTHUR PERSONNEL POLICY
You will be entitled to all rights and privileges granted under the City of
Port Arthur's Personnel Policy that are not in conflict with this agreement
or the PAEDC Charter. Said provisions of this agreement shall supersede
any conflicting policy provision (except Charter requirements) but only to
the extent of such conflict.
We fully expect and trust that you will faithfuffy perform the duties assigned to
you to the best of your ability and will devote your full and undivided time to the
transaction of the PAEDC's business.
We ask that you sign three originals and return two originals to Ms. Jana Barnes,
PAEDC Administrative Assistant as soon as possible. 1f you have any questions
regarding this fetter, please contact one or us or Harvey Robinson, Director of
Personnel, for the City of Port Arthur, at your earliest convenience.
Name
Date
We are looking forward to a highly productive and long-term relationship between
you and the PAEDC. The EDC Board of Directors feels that you have the
requisite skills and experience to take the employees and the PAEDC through a
period of significant transition. We look forward to this new beginning.
Sincerely,
Eli Roberts, President
Spears,
ACCEPTANCE
I, Floyd J. Batiste, hereby agree to and accept the above terms and conditions of
employment as Chief Executive Officer of the PAEDC, Texas, as set forth above,
as evidenced by my signature below.
I, Floyd J. Batiste, understand that this letter of agreement is not effective unless
and until the City Council of the City of Port Arthur adopts a resolution accepting
the terms of this letter of agreement.
____ A ~ ~
Floyd J. Ba iste yC~-
//-/6-D~
Date
EXHIBIT "B
CITY OF PORT ARTHUR SECTION 4A
ECONOitIIC DEVELOPMENT' CORPORATION
CHIEF EXECUTIVE OFFICER EMPLOYMENT AGREEMENT
THIS CHIEF EXECUTIVE OFFICER EMPLOYMENT AGREEMENT (the "Agreement") is
made and entered into by and between the City of Por[ Arthur Section 4A Economic Development
Corporation, an economic development corporation of the City of Port Arthur, Texas (the "Employer")
and Floyd Batiste (the "Employee").
RECITALS:
A. Employer desires to employ the services of Floyd Batiste as provided by the Bylaws of
Employer (the "Bylaws") it being determined that the Employee has or shall meet all of the qualifications
to act as Chief Executive Officer of Employer; and
B. The Board of Directors of the Employer (the `Boazd") has agreed to provide certain
salary and benefits, establish certain conditions of employment and set working conditions of the
Employee; and
C. The Boazd desires to (1) secure the services of Employee and to provide inducement for
him to remain in such employment, (2) to make possible full work productivity by assuring Employee's
morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or
dishonesty for personal gain on the part of Employee, and (4) to provide a just means for terminating
Employee's services at such time as he may be unable to fully discharge his duties or when Employer may
otherwise desire to terminate his employ; and
D. Employee desires to accept employment as Chief Executive Officer of the Employer on
the terms and conditions as hereinafter stated.
NOW, THEREFORE, in consideration of the recitals set forth above which are incorporated in
this Agreement as if fully set forth below and in further consideration of the mutual covenants herein
contained, Employee and Employer agree as follows:
Section 1. Duties
Employer hereby agrees to employ Employee as Chief Executive Officer to perform the functions
and duties specified in the Bylaws and to perform other legally permissible and proper duties and
functions as the Board shall from time to time assign.
Section 2. Term
A. The term of this Agreement shall begin , 20 ,the date approved by the City
Council of Port Arthur, Texas (the "City Council") (the "Effective Date"), and end September 30, 2010
(the "Term of Agreement"), and may be extended following the conduct of the performance evaluation
specified in Section 6 of this Agreement upon the Employee's receipt of a favorable evaluation from the
Board. If the Employee does not receive a favorable performance evaluation as specified in Section 6 of
this Agreement, then this Agreement may be terminated in accordance with Section 3.A. of this
Agreement or Employee may continue to be employed as the Chief Executive Officer on such salary,
automobile allowance and benefits as solely may be determined by Boazd and by the City Council;
however, Employee would be entitled to the receipt of the termination and severance pay benefits
provided for in Section 3.A. of this Agreement if he is thereafter terminated by appropriate action of the
Board. If the Board fails to conduct the performance evaluation as specified in Section 6 of this
Agreement prior to the end of the term of this Agreement, then this Agreement shall be deemed to have
been renewed for an additional twelve (12) month period beginning October 1, 2010.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
Board to terminate the services of Employee at any time, subject only to the provisions set forth in
Section 3, paragraph A of this Agreement, in the Bylaws or the City of Port Arthur Personnel Policies.
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
Employee to resign at any time from his position with Employer, subject only to the provision set forth in
Section 3, paragraph B, of this Agreement. in the Bylaws or the City of Port Arthur- Personnel Policies.
Section 3. Termination and Severance Pay
A. In the event Employee is terminated by the Board during such time that Employee is
willing and able to perform his duties under this Agreement, then in that event Employer agrees to pay
Employee a lump sum cash payment equal to (i) six (6) months salary based upon the Employee's salary
at the date of termination plus (ii) accrued vacation leave credited to the Employee prior to the date of
termination. Additionally, Employee shall continue to receive health and dental insurance benefits for a
period equal to the lesser of (i) six (6) months from the date of termination or (ii) the date upon which he
receives insurance coverage from another employer, but without any pay for compensatory time or
personal leave. In the event Employee is terminated because of his indictment and subsequent conviction
of any illegal act involving personal gain or moral turpitude, whether or not such illegal act was in the
course and scope of his employment, then, in that event, Employer shall have no obligation to pay any
severance pay as provided in this Section 3A. of this Agreement.
B. Tn the event Empioyee voluntarily resigns his position with Employer before expiration of
his term of employment, then Employee shall give Employer two (2) months notice in advance, unless
Employer otherwise agrees. Upon voluntary resignation and separation, Employee is entitled only to
payment of accrued and unused vacation benefits for the current year of the term of the Agreement.
Section 4. Salarv
Employer agrees to pay Employee for his services rendered pursuant hereto from the Effective
Date, through September 30, 2010, $4,038.46 prior to payroll deductions for each pay period to be paid at
the same time as other employees of Employer are paid (the "Salary"). The Salary of Employee may be
adjusted during the Term of Agreement by action of the Employer as subsequently approved by Ehe City
Council.
Section 5. Vacation and Sick Leave
Employee shall accrue, and have credited to his personal account four (4) weeks of vacation per
year. Sick leave will accrue at ten (10) hours per month, and Empioyee is authorized for up to 40 hours
emergency leave, and incase of emergency or death within his immediate family.
Section 6. Performance Evaluation
A. The Board shall review and evaluate the performance of the Employee in August in
advance of the adoption of the annual operating budget. Said review and evaluation shall be in
accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be
#66D3]6 Page 2
added to or deleted from as the Board may from time to time determine, in consultation with the
Employee. Further, the President of the Board shall provide the Employee with a summary written
statement of the findings of the Board by August 30 and provide an adequate opportunity for the
Employee to discuss his evaluation with the Board.
B. Annually, in or about the month of August, the Board and Employee shall define such
goals and performance objectives which they determine necessary of the proper operation of the
Employer and in the attainment of the Board's policy objectives and shall further establish a relative
priority among those various goals and objectives, said goals and objectives to be reduced to writing.
They shall generally be attainable within the time limitations as specified and the annual operating and
capital budgets and appropriations provided.
C. In effecting the provisions of this Section, the Board and Employee mutually agree to
abide by the provisions of applicable municipal, state and federal law including but not limited to al]
resolutions and ordinances of the City of Port Arthur, Texas.
Section 7. Hours of Rork
It is recognized that Employee provides professional services for the Employer devoting a great
deal of time outside the normal office hours to business of the Employer, and to that end Employee will
be allowed to take reasonable compensatory time off during said normal office hours.
Section 8. Automobile
From the effective date of this agreement, Employer agrees to pay employee $230.77 per pay
period for automobile allowance through September 30, 2010.
Section 9. Professional Development
A. Employer hereby agrees to budget for and to pay the travel and subsistence expenses of
Employee for professional and official travel, meetings and occasions adequate io continue the
professional development of Employee and to adequately pursue necessary official and other functions
for Employer, including but not limited to the professional meetings of the American Economic
Development Council, the Southern Economic Development Council and the Texas Economic
Development Council together with regional, state and local government group meerings and committees
thereof in which Employee serves as a member or requested to attend with the approval of the Board.
B. Employer also agrees to budget and to pay for the travel and subsistence expenses of
Employee for short courses, institutes and seminazs that are necessary for his professional development.
Section 10. Business Expenses; Memberships
Employer recognizes that certain expenses for job-affiliated nature may be incurred by Employee,
and hereby agrees to reimburse or to pay said general expenses in amounts as may be requested by the
Employee on a reimbursement basis with any reimbursement ofjob-affiliated expense. Upon completion
of travel by Employee, the Board shall verify and approve all travel expenses consistent with the City of
Port Arthur's travel policy as most recently in effect prior to the date of this Agreement.
>G60776 Pege3
Section 11. Employee Benefits; Retirement
A. Except for annual base salary or any cost of living or merit increases which shall be
determined following the conduct of the performance evaluation specified in Section 5 of this Agreement,
Employee shall be entitled to all medical, dental, life insurance and accidental death and disability
insurance coverage will be effective from the first date of your employment with Employer. Pursuant to
the policies of the City of Port Arthur, Texas, 100% of the premium of your health insurance coverage
will be paid and 50% of the premium for dependent coverage will be paid by Employer if you choose
coverage for dependents under said plan. The current provision of plans is $6,000 of life insurance at no
cost to Employee. You may also opt for any additional coverage offered and available to Employee or
your dependents through payroll deductions as hereinafter established.
B. Employee will become a member of the Texas Municipal Retirement System ("TMRS")
on the first day of his employment with Employer. The Employee will pay 5% percent of his salary as a
contribution to the TIvIRS plan, and the Employer will match that contribution on [we:one basis (] 0%).
Section 12. Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under
anv law or ordinance.
Section 13. Indemnification
To the fullest extent penrutted by law, Employer shall defend, save harmless and indemnify
Employee against any tort, professional liability claim or demand or other legal action, whether
groundless or otherwise, arising out of an alleged act or omission occurring in the performance of
Employee's duties, and shall obtain and keep in full force and effect liability insurance or risk pool
coverage, including eaors and omissions coverage on a "per occurrence" basis, in sufficient amounts to
assure accomplishment of such hold harmless and indemnification; provided that this Section shall not be
construed as creating any right, cause of action or claim of waiver or estoppel far or on behalf of any third
party, nor shall it be construed as a waiver or modification of the availability of the defense of
governmental immunity or any other legal defense available to either Employer or the Employee as to any
third party; and provided further that Employer shall not indemnify and hold harmless the Employee from
and with respect to any claim or liability for which the conduct of the Employee is found by the courts to
have been grossly negligent or intentional wrongful conduct.
Employer will compromise and settle any such claim or suit and pay the amount of any settlement
or judgment rendered thereon. This indemnification shall extend beyond and survive the termination of
employment and the expiration of this Agreement.
Section 14. Notices
Notices pursuant to this Agreement shall be given by deposit in the custody of the United States
Postal Service, postage prepaid, addressed as follov.~s:
(1) City of Port Arthur EDC
Attn: President, Boazd of Directors
P.O. Sox 3934
Porf Arthur, Texas 77642
t(bG03]6 Pege4
(2) Mr. Floyd Batiste
City of Port Arthur EDC
P.O. Box 3934
Port Arthur, Texas 77642
Alternatively, notices required pursuant to this Agreement may be personally served in the same
manner as is applicable [o civil judicial practice. Notice shall be deemed given as of the date of personal
service or as of the date of deposit of such written notice in the course of transmission in the United States
Posta] Service.
Section 15. General Provisions
A. The text herein shall constitute the entire agreement bena~een the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of Employee.
C. If any provision, or any portion thereof; contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be
deemed severable, shall not be affected and shall remain in full force and effect.
D. Any claim or cause of action under this Agreement shall be enforceable under the laws of
the State of Texas and shall be brought before the appropriate court of competentjurisdiction in Jefferson
County, Texas.
IN WITNESS WHEREOF, the Employer has caused this Agreement to be signed and executed in
its behalf by its President, and duly attested by its Secretary of the Board, and the Employee has signed
and executed this Agreement in duplicate originals to be effective as of the date fvst above written.
City of Port Arthur Section 4A
Economic Development Corporation
Date:
By:
President, Board of Directors
ATTEST:
Secretary, Board of Directors
[Seal]
x6603]6 Pagc6
APPROVED AS TO FORM:
Guy N. Goodson, City Attorney
EYIPLOYEE
Ftoyd Batiste
Page 6
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