HomeMy WebLinkAboutPO 6000: EDC/FLOYD BATISTE (EMPLOYMENT)P.O. No. 6000 04/09/09 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 TT ORDAINED BY THE CTTY 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., 2009, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Councilmembers Deloris "Bobbie" Prince, Mayor ATTEST: Terri Hanks, City Secretary APPROVED AS TO FORM: ~ ~ Mazk T. Sokolow, City Attorney z.po5993 Page 2 EXHIBIT "A" Port Arthur Economic Development Corporation P. 0. Boz 3934 ~ Port Arthur, Texas 7764? 409/963-0579 409/96?-4445 faz Email: portarthuredc<i`portarthur.net http://www.portarlhuredccum 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") 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.orgj 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 _.schgdule_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. MEDICAL/DENTAULIFE/AD8~D Your medical, dental, life and AD8~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. Also, the PAEDC provides $6,000 life insurance and $5,000 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 shall 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 wil{ faithfully 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. If you have any questions regarding this letter, 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, EI R erts, President Spears, ACCE_ PTANCE I, Floyd J. Batiste,h efrExecugt ee Offi ea of the PAEDC, Texas, as set forthtabovef employment as C 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. Floyd J. Ba iste ~/-/6-0~ Date EXHIBIT- "B CITY OF PORT ARTAUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION CffiEF EXECUTIVE OFFICER EMPLOYMENT AGREEMENT THIS CHIEF EXECL'I'IVE OFFICER EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into by and between the City of Port 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 `Board") has agreed to provide certain salary and benefits, establish certain conditions of employment and -set working conditions of the Employee; and C. The Board 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 termmaring Employee's services at such time as he may be unable to fully discharge his duties or when Employer may otherwise desire to terrninate 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 aze incorporated in this Agreement as if fully set forL4 below and in Prrther consideration of the mutual covenants herein contained, Employee and Employer zgree as follows: Section 1. Duties Employer hereby agrees to employ Employee as Chief Executive Officer to perform the functions and dutes 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 (ihe "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 rnzy 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 Board and by the City Council; however, Employee would be entitled to tre 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 thrn 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 moial turpitude, whether or not such illegal act was in the course and scope of his employment, then, in that event, Employer shall have no obligztion to pay any severance pay as provided in this Section 3A. of this Agreement. B. In the event Employee 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. Salary Employer agrees [o pay Employee for his services rendered pursuant hereto from the Effective Date, through September 30, 2010, $4,035.46 prior to nayTOll 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 maybe adjusted during the Term of Agreement by action of the Employer as subsequently approved by the City Council. Section 5. Vacation and Sick Leave Employee shall accme, and have credited to his peronal account four (4) weeks of vacation per year. Sick leave will accrue at ten (IO) hotirs per month, and Employee is authorized for up to 40 hours emergency leave, and in case of emergency or death within his immediate family. Section 6. Performance Evaluation A. The Board shall *.eview aad 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 _.~. ,,.._. ... _ -.-.. -,~ ..._.,._ .. .._. __... ..~_.,_.. ... POyaZ. tl6fi0rf6 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 provida an adcquatc opportunity for the Employee to discuss his evaluation with the Boazd. 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 aCu3inable within the time limitations as specified and the annual operating and capital budgets and appropriations proidded. C. Tn effecting [he 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 all resolutions and ordinances of the City of Port Arthur, Texas. Section 7. Hours of Work 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 Emuloyee will be allowed to take reasonable compensatory tune off during said normal office hours. Section 8. Automobile From the effective date of than agreement, Employer agrees to pay employee $230.77 per pay period far automobile allowance through September 30, 2010. Section 9. Professional Development A. Employer hereby agrees to budget for and to pay the Ravel and subsistence expenses of Employee for professional and official Ravel, meetings and occasions adequate to 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 meetings and committees thereof in which Employee serves as a member or requested to attend wifn the approval of the Board. B. Employer also agrees to budget and to pay for the Rave] and subsistence expenses of Employee for short courses, institutes and seminars 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 t'equested by the Employee on a reimbursement basis with any reimbursement ofjob-affiliated expense. Upon completion of travel by Employee, the Board shall verily and approve all Ravel expenses consistent with the City of Port Arthur's Ravel policy as most recently in effect prior to the date of this Agreement. Po8a X660]76 Section 11. Employee Benefits; Retirement A. Except for annual base salary or any cos[ of living or merit increases which shalt be determined following the conduct of the performance evaluation specifted in Section 5 of this Agreement, Employee shall be entitled to alt 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 TMRS plan, and the Employer will match that contribution on two:one basis (10%). Section 12. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 13. Indemnification To the fullest extent permitted by law, Employer shall defend, save harmless and indemnify Employee against any tart, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performazrce of Employee's duties, and shall obtain and keep in full force and effect liability insurance or risk pool coverage, including errors 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 actior, or claim of waiver or estoppel for or on behalf of any third party, nor shalt 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 vnongfu] conduct. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereor•.. This indemnification shall extend beyond aad 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 follows: (1) City of Port Arthur EDC Attn: President, Board of Directors P.O. Box 3934 Port Arthur, Texas 77642 _._ _ _ aewsrs - e.o•a (2) Mr. Floyd Batiste City of Port Arthur EDC P.O. Box 3934 Port Arthur, Texas 77642 Aliematively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to 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 hansmission in the United States Postal Service. Section 15. General Provisions A. The text herein shall constitute the entire agreement between the parties. 8. 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 7efferson 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 first above written. City of Port Ar[hur Section 4A Economic Development Corporation Date: By: President, Board of Directors ATTEST: Secretary, Board of Directors [Seal] _ _ -- ___ _ . __.,_ _.._.x660]]6_..:.. .. .. .._ __... <...__ .. ..... .,~_ ~.. ____. _ .____.-_:_....._. P~ec S.. .. _.. ._... AP°ROVED AS TO FORM: Guy N. Goodson, City Attorney EMPLOYEE Floyd Batiste _. _ ._- _.-p6oC~ib ._._ _-..:.. _._ ._. _.. _ ... _. .._ _. ..___._ _ ,.~__ ~ Page 6. _. _: