Exhibit 10.9


 


OFFER LETTER TO ROBERT C. BACKMAN


 





 


Personal and Confidential


 


February 13, 2018


 


Robert C. Backman


133 West Plain Street


Wayland, MA 01778


 


Subject: Employment Offer Letter


 


Dear Robert,


 


On behalf of AbTech Industries, Inc., we
are pleased to offer you the position of Chief Operating Officer (“COO”). We are confident that you will be a valuable
addition to our team and believe that you will find AbTech Industries to be an invigorating place to work where your skills and
abilities will be best utilized.


 


Our offer is detailed as follows:


 


Position Outline


 


The COO reports to the President and Chief
Executive Officer, and is responsible for leading the development of AbTech technologies suitable for commercial applications in
their appropriate sectors and vertical spaces as well as the sales and marketing activities for such technologies. As COO, you
will lead and grow AbTech’s technology and sales organization, with responsibility for the vision, leadership, and implementation
of overall technology and sales strategy. The position requires you to be a passionate, business oriented technology leader who
can provide strategic leadership and management in the design and development of the major technical initiatives that support strategic
business programs and facilitate revenue growth. You will provide strategic, technical, and operating expertise and guidance, and
bring creativity, vision, and passion to AbTech. Along with AbTech’s senior management team, you will play a critical role
in the development of the company’s holistic business strategy, and then lead the development and implementation of technology
that aligns with the business strategy.


 


Primary Responsibilities 


 


		·	Provide strong daily inspiration, leadership,
and management to the AbTech technology and sales teams, including recruitment, employee training and development, and performance
management.



 


		·	Define, architect, and execute the organizational
and infrastructure plan required to fulfill the company’s business and technology strategies.



 




     


     


    

 


		·	Provide guidance to all operational areas
of the Company including R&D, testing services, sales, marketing and engineering.



 


		·	Grow and scale the team by recruiting
world-class technical talent as needed. Create and foster an environment conducive to innovation, high productivity, and high quality.



 


		·	Provide high-level leadership to development
projects that improve functionality, reliability, scalability, and security of the company’s medias, applications and systems.



 


		·	Drive AbTech’s defined product and
technology development life cycle process and culture to ensure the appropriate balance in which quality products are produced
for their intended market purpose.



 


		·	Ensure sound architectural designs are
employed and advocate for best practices and processes.



 


		·	Create strong internal culture to manage
technology projects with accurate time estimates, adherence to deadlines, and strong communication to stakeholders.



 


		·	Work in partnership with internal functional
teams as a technology partner in forwarding business capabilities.



 


		·	Develop and manage the strategic plan
for sales and marketing of the Company’s products.



 


		·	Provide input to annual budget exercises,
and manage organizational spending to set budgets.



 


		·	Assist the senior management team in crafting
AbTech’s holistic growth and organizational management strategies.



 


		·	Deliver the highest level of service to
both internal and external constituents. 



 


		·	Lead the Sales and Business Development
teams and participate in project activities including joint sales visits, lunch and learns, plant audits, etc.



 


		·	Be available to travel up to 50 % of the
time on a global basis as necessary.



 


		·	Manage travel expenses within budget.



 


Requirements


 


		·	Proven executive experience in similar
leadership roles.



 


		·	20+ years of technical experience working
in the water and wastewater treatment market.



 


		·	Knowledge of multiple vertical markets
and their water/wastewater trends to build strategy.



 


		·	Strong understanding of water chemistry
and application knowledge of water/wastewater treatment. 



 


		·	Ability to conduct technological analyses
and research



 


		·	Self-motivated, self-starter with intrinsic
drive and balanced alignment with AbTech’s leadership team.



 


		·	Strong leadership skills with a strong
customer focus.



 


		·	Proficient in Microsoft Office and Adobe
Acrobat.



 


		·	Excellent interpersonal and communication
skills (written & oral).



 


		·	Excellent task management & organizational
skills.



 


		·	Capable of successfully managing multiple
projects simultaneously.



 




     


     


    

 


		·	Careful attention to
detail.



 


Compensation


 


		·	Base salary of $200,000 annually, payable
bi-weekly and subject to regular payroll withholdings and deductions, subject to review after the first six months of employment,
as discussed. In lieu of compensating you as a consultant for your services during the portion of the month of February prior to
your employment effective date of February 13, 2018, your first employee paycheck will cover the period beginning February 1, 2018
through the end of that first pay period at the annual base salary rate noted above. This will result in your first bi-weekly paycheck
covering 12 paid workdays as opposed to the customary 10 workdays.



 


Bonus


 


		·	You will be eligible to participate in
a discretionary management bonus program, based on company performance. 



 


Benefits Summary


 


		·	You will be entitled to receive the employee
benefits offered by the Company to full-time employees as described in the AbTech Employee Handbook which will be provided to you.
These benefits include the following:



 


		o	Four (4) weeks paid vacation per year



 


		o	Nine (9) paid holidays per year



 


		o	Two personal holidays per year



 


		o	Six days paid sick leave per year



 


		o	Individual and spousal health insurance coverage through ADP TotalSource for which you will be
eligible after 60 days of employment. AbTech agrees to reimburse you for your cost to maintain Cobra Health Insurance for three
(3) months.



 


		o	A $10,000 life insurance policy and long term disability insurance through ADP TotalSource.



 


		o	A group dental plan is available to you at your own cost through ADP TotalSource.



 


		o	As your main office will be remote, AbTech agrees to reimburse you for reasonable office expenses,
including cell phone and internet connection, as a monthly expense.



 


		o	AbTech will pay for Management pre-approved dues for business or professional associations as necessary
to drive AbTech’s success and representation.



 


AbTech will reimburse you for approved
out of pocket travel expenses such as airfare, hotels, car rental, meals and customer entertainment, and phone expenses when you
travel to conduct business for us. AbTech will supply reasonable business equipment such as a laptop and cell phone, etc. If you
choose to use your own cell phone in lieu of a Company provided cell phone, AbTech will reimburse you on a monthly basis for the
amount which is the lesser of AbTech’s cost to provide a cell phone or the actual cost of your monthly cell phone plan. In
order to control costs for your travel to work in the Scottsdale office, we agree that you will try to keep such costs, including
airfare, hotels, meals and car rental, under $1,500 per month and such costs will be capped at $2,000 per month.


 




     


     


    

 


When using your personal vehicle for business
related use, you will also be reimbursed at the standard federal rate. For trip distances longer than 150 miles, you may want to
consider renting a vehicle on the company in order to avoid accumulating a large amount of personal vehicle miles.


 


Your first day of work will be February
13, 2018 (your “Commencement Date”). On or before your first day, you will be given an orientation by the Human Resources
Manager, which includes completing forms, reviewing benefits and touring the Corporate Office and Manufacturing Facility. Please
bring appropriate documentation for the completion of your hire forms, including proof that you are eligible to work in the United
States for I-9 purposes, based on the Immigration Reform and Control Act.


 


AbTech makes a significant effort to protect
its proprietary information and technology which are important assets of the Company. Accordingly, as a condition of your employment,
you will be asked to sign an Employee Confidentiality Agreement.


 


Of course, you will be expected to adhere
to the Company’s employee handbook, code of conduct, and other employee policies as may be in effect from time to time.


 


Please sign, date, scan and send a copy
of the Offer Letter and Confidentiality Agreement to the attention of Lane Castleton, email address: lcastleton@abtechindustries.com,
and retain a copy for your records.


 


We are very excited to have you on our
team. We believe you have the experience and capabilities to be successful and make a significant contribution to the growth and
success of AbTech. Please call me to discuss any questions you may have and to let me know if you accept this offer. Thank you.


 


Sincere regards,


 


	/s/ Glenn R. Rink	 
	Glenn R. Rink, President and C.E.O.	 
	 	 
	Accepted by:	 
	 	 
	/s/ Robert C. Backman	 
	Robert C. Backman, Employee	 
	 	 
	2/13/18	 
	Date