Loading...
R92-21 06-22-92 RESOLUTION NO. R92-21 A RESOLUTION AUTHORIZING AND APPROVING AN EMPLOYMENT AGREE- MENT BY AND BETWEEN CITY OF PEARLAND AND PAUL GROHMAN, FOR THE LATTER'S SERVICES AS CITY MANAGER, A FACSIMILE OF WHICH BEING ANNEXED HERETO, DESIGNATED EXHIBIT "A" HEREOF, AND INCORPORATED HEREIN FOR ALL PURPOSES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: ~ THAT that certain Employment Agreement, a facsimile of which being annexed hereto, designated Exhibit "A" hereof, and incorporated herein for all purposes, is hereby authorized and ap- proved. ~ THAT the Mayor is hereby authorized to execute, and the City Secretary to attest, the annexed Employment Agreement, and counterparts thereof, as an act and deed of the City of Pearland, Texas. PASSED, APPROVED and ADOPTED this .~_ day of ~_~ , A. D., 1992. ~ C. V. COPP~N~ER ~' MAYOR ATTEST: PAT JO S// CITY SECNETARY APPROVED AS TO FORM: LESTER G. RORICK CITY ATTORNEY EXHIBIT "A" ~MPr.OYM~.NT AGR~M~.NT THIS AGREEMENT, made and entered into this ~ day of~~ , by and between the CITY OF PEARLAND, State of Texas, a municipal cor- poration, hereinafter called "Employer," as party of the first part, and PAUL GROHMAN, hereinafter called "Employee," as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said Employee as City Manager, as provided by its Home Rule Charter; and WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Council to (1) secure and maintain 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 fully to discharge his duties or when Employer may otherwise desire to terminate his employ; and WHEREAS, Employee desire to accept employment as City Manager of said City; NOW, THEREFORE, In consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. City Duties. Employer hereby agrees to employ said Employee, PAUL GROHMAN, as Manager of said Employer to perform the functions and duties specified in its Home Rule Charter and by its City Code, and to perform other legally permissible and proper duties and functions as the Council shall, from time to time, assign. Provided, however, that nothing herein contained shall be construed to create an appointment of the City Manager for a definite term, but preserve in the Council the right to remove Employee at its will and pleasure by a majority vote thereof, subject to the termination and severance pay provisions hereof. Section 2. Duration. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth. in Section 3, paragraphs A and B, of this Agreement. B. 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 C, of this Agreement. O. Employee agrees to remain in the exclusive employ of Employer, and not to accept other employment nor to become employed by any other employer unless termination is affected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee's time off. Section 3. Termination and Severance Pay. A. In the event Employee is terminated by the Council without cause 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 six (6) months aggregate salary; provided, however, that in the event Employee is terminated because of his conviction of any felony or misde- meanor involving moral turpitude or personal gain to him, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. B. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the- board. reduction for all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee heroin, or the .Employee resigns following a suggestion, (whether written or made of record in public or Executive Session) by the Council that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the heroin severance pay provision. C. In the event Employee voluntarily resigns his position Employer before expiration of the aforesaid term of employment, then Employee shall give Employer three (3) notice in advance, unless the parties otherwise agree. with his months 3 Section 4. ant Salary. Employer agrees to pay Employee for his services rendered pursu- hereto an annual base salary not less than Sixty-Five Thousand ($65,000.00), payable in installments at the same time as other employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other employees generally. Section 5. Performance Evaluation. A. The Council shall review and evaluate the performance of the Employee at least once annually 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 added to or deleted from as the Council may from time to time determine, in consultation with the Employee. Further, the Mayor shall provide the Employee with a summary written statement of the findings of the Council~ and provide an adequate opportunity for the Employee to discuss his evaluation with the Council. B. Annually, the Council and Employee shall define such goals and performance objectives which they determine necessary of the proper operation of the City and in the attainment of the Council'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. In affecting the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable law. Section 8. Hours of Work. It is recognized that Employee must devote 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 compensatory time as may be allowed by Ordinance or Policy applicable to employees generally. Section 7. Outside Activities. Employee shall not spend more than ten (10) hours per week in teaching, counseling or other non-Employer connected business without the prior approval of the Council. Section 8. NovinS Expenses. Employee shall be reimbursed, or Employer may pay directly, for the expenses of packing and moving himself, his family, and his personal property from New Braunfels, Texas to City with said payment or reimbursement for the total actual cost, which shall include pack- ing and unpacking, any storage costs necessary and insurance charges. Section 9. Automobile. Employee's duties require that he shall have the exclusive and unrestricted use at all times during his employment with Employer of an automobile provided to him by the Employer. Employer shall be responsible for paying for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and regular replacement of said automobile. 5 Section 10. Vacation, Sick and Hilitary Leave. A. Hereafter, Employee shall accrue, and have credited to his personal account, vacation and sick leave at the same rate as other general employees of Employer. B. Employee shall be entitled to military reserve leavetime pursuant to State law and City policy. Section 11. Disability, Health and Life Insurance. A. Employer agrees to provide hospitalization, surgical and comprehensive medical insurance for Employee and his dependents and to pay the premiums thereon equal to that which is provided all other employees of Employer or, in the event no such plan exists, to provide same for Employee. B. Employer shall provide travel insurance for Employee while he is traveling on Employer's business, with Employee to name beneficiary thereof. C. Employee agrees to submit once per calendar year to a complete physical examination by a qualified physician selected by the Employer, the cost of which shall be paid by the Employer. Employer shall receive a copy of all medical reports related to said examination. Section 12. Duties and Subscriptions. Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations partioipation, Employer. necessary and desirable for his continued growth and advancement, and for the professional good of the Section 13. A. Professional Development. 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 to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer; including but not limited to the Annual Conference of the International City Management Association, the state league of municipalities and such other national, regional, state and local governmental groups and committees thereof which Employee serves as a members. Employer also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. Section 14. Civic Club Nembership. Employer recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of such civic clubs or organizations Employee deems necessary, for which Employer shall pay all expenses. Employee shall report to the Employer on each membership that he has taken out at Employer's expense. Section 15. Indemnification. 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 as City Manager. Employer will defend any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Section 16. Bonding. Employer shall bear the full cost of any fidelity or other required of the Employee under any law or ordinance. Section 17. Other Terms and Conditions of Employment. A. would to other employees of Employer, benefits enumerated specifically for the except as heroin provided. Section 18. No Reduction of Benefits. bonds The Council, in consultation with the City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law. All provisions of the City Charter and Code and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they in addition to said benefit of Employee Employer shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. Section 19. 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: 8 (1) EMPLOYER: C.V. COPPINGER, MAYOR CITY OF PEARLAND P. O. BOX 2068 PEARLAND, TX 77588-2068 (2) EMPLOYEE: PAUL GROHMAN, CITY MANAGER CITY HALL PEARLAND, TEXAS 77581 Alternatively, 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 transmission in the United States Postal Service. 9 Section 3. Termination and Severance Pay. A. In the event Employee is terminated by the Council without cause 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 six (6) months V/aggregate salary;/and, in addition thereto, an additional month's /aggregate salary for each complete year of Employee's service with Employer;) provided, however, that in the event Employee is terminated because of his conviction of any felony or misdemeanor involving moral turpitude or personal gain to him, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. B. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the- board reduction for all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provision banefiring Employee herein, or the Employee resigns following a suggestion, (whether written or made of record in public or Executive Session) by the Council that he ~resign, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. C. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer three (3) months notice in advance, unless the parties otherwise agree. 3 RELEASE AND CONTRACT OF SETTLEMENT 1. The parties to this Release and Contract of Settlement (the "Agreement") are Paul Grohman CGrohman") and the City of Pearland (the "City") both of which are referred to as the "Parties." 2. The Parties have been engaged in a potential dispute regarding Grohman's employment. Each party has expressly denied, and continues to deny any charges another party has asserted. Nevertheless, mindful of the cost and expense associated with litigation and to further a cooperative relationship between them, the Parties have agreed to compromise and settle their pending dispute relating to Grohrnan's employment. 3. For the mutual consideration expressed in this Agreement, the Parties have agreed to the following terms: (a) Grohman shall release the City for any and all claims arising out of his employment prior to the date of this agreement, as is more specifically provided in paragraph 4 below; (b) The City shall reimburse Grohman for legal fees incurred to date relating to his employment by the City, not to exceed $30,000.00; (c) The City shall pay all reasonable and necessary legal fees incurred on behalf of the City or in furtherance of the City's position in connection with the litigation involving the writ of mandamus action against various City officials in their official capacities on behalf of the City, not to exceed $7,000.00; (d) The City shall reimburse Grohrnan for back wages and/or out of pocket expenses associated with the dispute over his employment in the amount of $7620.00; and (e) The City and Grohman have agreed upon the terms of a mutually acceptable Employment Contract. 4. For the mutual consideration expressed in this Agreement, Grohman hereby. agrees to release, acquit and forever discharge the City and all of its agents, appointed and elected officials, employees, servants, attorneys, officers, predecessors or successors in interest, and all of their respective heirs, executors, administrators, successors and assigns of and from any and all causes of action, claims, liabilities, demands, of whatever nature, known or unknown, past, present, or future, whether contractual, statutory or in tort, or otherwise, relating to any claims that pertain to Grohman's employment or otherwise, through the date of this Agreement, save and except for the specific obligations set forth in paragraph 3 of this Agreement and in the Employment Contract, which obligations are hereby affirmed and not released. 5. Grohman represents that he has been fully advised by the counsel of his choosing regarding the meaning and effect of this Agreement or has knowingly waived that oppommity, that he relies wholly upon his own judgment, belief and knowledge of the nature and extent of the damages alleged and the liability questions involved in the resolution of this dispute, and covenants that he has not been influenced to any extent whatsoever or induced to enter this Agreement in reliance upon any statement, promise or representation of another Party or any of the other parties hereby released. The Parties, by their signatures and the signatures of their duly-authorized representatives below, acknowledge that they have read this Agreement, that they fully understand it, and that they have executed it of their own free will and accord. The Parties further represent and warrant that any representative signing this Agreement is duly authorized to do so on their behalf. 6. It is further expressly understood that by entering into this Agreement, the Parties make no admission of any liability of any sort to the other, which liability is expressly denied. Instead, this Agreement represents a full and complete settlement of the pending dispute 2 between the Parties. This Agreement represents the complete agreement of the Parties and neither party has agreed to do or omit to do anything not expressly set forth in this Agreement. 7. This Agreement shall be governed by the law of the State of Texas. Signed on the ~ 8 day of June 1994. PAUL GRO~ , CITY OF PEARLAND, TEXAS EHPLOYMENTAGRE~ THIS AGREEMENT, made and entered into this ~ day of ~~/r~j corporation, hereinafter called "Employer," as party of the first part, and PAUL GROHMAN, hereinafter called "Employee," as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said Employee as City Manager, as provided by its Home Rule Charter; and WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Council to (1) secure and maintain 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 otherwise desire to terminate his employ;' and WHEREAS, Employee desire to accept employment as City Manager of said City; NOW, THEREFORE, In consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. Employer hereby agrees to employ said Employee, PAUL GROHMAN, as City Manager of said Employer to perform the functions and duties specified in its Home Rule Charter and by its City Code, and to perform other legally permissible and proper duties and functions as the Council shall, from time to time assign. Provided, however, that nothing herein contained shall be construed to create an appointment of the City Manager for a definite term, but preserve in the Council the right to remove Employee at its will and pleasure by a majority vote thereof, subject to the termination and severance pay provisions hereof. Section 2. Duration. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3, paragraphs A and B, of this Agreement. B. 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. C. Employee agrees to remain in the exclusive employ of Employer, and not to accept other employment nor to become employed by any other employer unless. termination is effected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee's time off. D. This contract shall remain in effect indefinitely and for the full duration of the Employee's employment, unless both parties agree to alter said contract. Section 3. Termination and Severance. Pay. A. In the event Employee is terminated by the Council without cause 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: (i) a lump sum cash payment equal to twenty-four (24) months of salary and benefits, plus total leave accruals, plus purchase the Employee's residential home at the appraised value established by an MAI Appraiser of Employer's choosing; and (ii) a relocation fee agreed upon to equal ten percent (10%) of the appraised value of Employee's home. For purposes of this Agreement, the term "cause" shall be defined to mean only if Employee is terminated because of his conviction of any felony or misdemeanor involving moral turpitude or personal gain to him, or his performance is rated unsatisfactory by two-thirds (2/3) or more of entire Council for two consecutive annual evaluations as provided in Section 5 of this Agreement, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. B. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer three (3) months notice in advance, unless the parties otherwise agree. 3 Section 4. Salary. A. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary not less than Seventy-Nine Thousand Two Hundred ($79,200.00), payable in installments at the same time as other employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other employees generally, but not less than the Cost of Living Adjustment (COLA) afforded other employees of the City. B. Employer agrees to pay both the Employer and Employee portions of all contributions made to the Texas Municipal Retirement System for and on behalf of Employee. Section 5. Performance Evaluation. A. The Council shall review and evaluate the performance of the Employee at least once annually in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly byEmployer and Employee. Attached as Exhibit A are the specific criteria that have been developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Council may from time to time determine, in consultation and agreement with the Employee. Further, the Mayor shall provide the Employee with a summary written statement of the findings of the council and provide an adequate opportunity of the Employee to discuss his evaluation with the Council. B. Annually, the Council and Employee shall define such goals and performance objectives which they determine necessary of the proper operation of the City and in the attainment of the Council'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 Council and Employee mutually agree to abide by the provisions of applicable law. Section 6. Ho~lrs of Work. It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employee will be allowed to schedule his time as he deems necessary and to take compensatory time as may be allowed by Ordinance or Policy applicable to employees generally. This time may be taken as Employee chooses, but not accrued for pay. Section 7. Outside Activities. Employee shall not spend more than ten (10) hours per week in teaching, consulting, writing or other non-Employer connected business without the prior approval of the Council. Section 8. Automobile. A. Employee's duties require that he shall have the exclusive and 5 unrestricted use at all times during his employment with Employer of an automobile provided to him by the Employer. Employee shall not use the automobile outside of the State of Texas except when on official City business. Employer shall be responsible for paying for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and regular replacement of said automobile. B. A mobile phone will be provided for the Employee's unlimited Use in conducting City business. Section 9. Vacation, Sick and Military Leave. A. As an inducement to Employee for him to remain City Manager of Employer, Employee shall, effective on the first day of this contract be credited with an additional balance of twenty (20) days of vacation in such manner that Employee shall have said twenty days vacation available for his use at any time beginning with the first day of this contract. Thereafter, Employee shall accrue twenty (20) days vacation for each subsequent 365 days of employment, or prorated portions thereof. The Employee may be compensated up to ten (10) days vacation time in lieu of the time. Vacation time of more than ten (10) day continuous duration shall be scheduled subject to Council approval. B. Employee shall also be credited with an additional balance of four hundred (400) hours of sick time. Thereafter, Employee shall accrue and have credited to his personal account, sick leave at the same rate as other general employees of Employer. When Employee uses sick time, said sick time snail first be charged to the sick time accrued with Employer and when no sick time accrued with employer remains in Employ~e's account, Employee may use the sick hours initially credited to his personal account on the first day of this contract. These catastrophic pooled hours shall not be redeemable upon termination or resignation of the Employee. C. Employee shall be entitled to military reserve leave time pursuant to state and City policy. Section 10. Disability, Health and Life Insurance. A. Employer agrees to provide hospitalization, surgical and compre- hensive medical and dental insurance for Employee and his dependents and to pay the premiums thereon for the entire family unit. B. Employee agrees to submit once per calendar year to a complete physical examination by a qualified physician selected by the Employer, the cost of which shall be paid by the Employer. Employer shall receive a copy of all medical reports related to said examination. Section 11. Dues and Subscriptions. Employer agrees to budget and to pay reasonable dues of Employee for membership in the following professional and civic organizations and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for continued professional participation, growth and advancement, for good of the Employer, including but not limited to: 7 International City/County Management Association Texas City Management Association Pearland/Hobby Chamber of Commerce Association of Professional Administrators Association of Certified Emergency Management CoOrdinators Section 12. Professional Development.f A. Employer hereby agrees to budget for and to pay the reasonable travel and subsistence expenses of Employee for professional and official travel, 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 Annual Conference of the International City Management Association, the state league of municipalities and such other national, regional, state and local governmental groups and committees thereof which Employee serves as a member. This shall only include one out-of-State conference trip annually, unless approved by Council. B. Employer also agrees to budget and to pay for the reasonable travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. Section 13. Civic Club Membership. Employer recognizes the need and desirability of representation in and before local civic and other organizations, as Employee deems necessary, for which Employer shall pay all expenses. This includes but is not limited to organizations such as the Chamber of Commerce, Rotary, Lions, and Houston Livestock Show and Rodeo Association. Employee shall report to the Employer on each membership that he has taken out at 8 Employer's expense. Total membership fees shall not exceed $3,000.00 annually without specific approval of Council. Section 14. Indemnification. Employer shall, to the maximum extent permitted by law, 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 as City Manager. Employer will defend any such claim or suit and pay the amount of any settlement or judgement rendered thereon. Section 15. Bonding. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 16. Other Terms and Conditions of Employment.. A. The Council, in consultation and agreement of the City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement~ the City Charter or any other law. B. All provisions of the City Charter and Code and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. Section 17. No Reduction of Benefits. Employer shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. If Employee is reduced other than across-the board, he shall have option of considering himself terminated without cause, and be eligible for benefits under 3A. Section 18. Notices. Notices pursuant to this Agreement shall be givenby deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: (2) EMPLOYEE: C. Vo COPPINGER, MAYOR CITY OF PEARLAND 3519 LIBERTY DRIVE PEARLAND, TX 77581 PAUL GROHMAN, CITY MANAGER CITY HALL PEARLAND, TX 77581 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. 10 EMPLOYNENT AGREEM_~I' CITY OF PEARLAND MAYOR PAUL GROHMAN CITY MANAGER THE STATE OF TEXAS § COUNTY OF BRAZORIA § This instrument was acknowledged before me on this the 28th day of J~ne , 1994 by C. V. COPPINGER on behalf of THE CITY OF PEARLAND, TEXAS. Commission Expires 8-14.-g~ / PUBLIC IU'ASD THE STATE OF TEXAS THE STATE OF TEXAS § COUNTY OF BRAZORIA § This instrument was acknowledged before me on this the c~ j , 1994 by PAUL GROHMAN. TOMMIE JEAN VIAL o ary Public. State of Texas ~,o~' si x ' day of NOTARY PUBLIC IN THE STATE OF TEXAS 11