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2nd Amendment to Employment Agr ... SECOND AMENDMENT TO EMPLOYMENT AGREEMENT This SECOW AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into thisl!' day of August, 1998, by and between the CITY OF SALINA, KANSAS, a Kansas municipal corporation, ("Employer") and DENNIS M. KISSINGER, ("Employee"). Recitals A. Employer and Employee entered into an Employment Agreement dated January 10, 1988 (the "Employment Agreement"). B. Employer and Employee entered into an Amendment to Employment Agreement dated December 19,1994 (the "First Amendment to Employment Agreement"). C. Employer and Employee have identified certain specific further amendments they wish to make to the Employment Agreement and the First Amendment to Employment Agreement. NOW, THEREFORE, the parties agree as follows: Section 1. Amendment of Section 11. Section 11 of the Employment Agreement as amended by the First Amendment to Employment Agreement is further amended effective October 1, 1998, to provide as follows: "Section 11. Retirement. A. ICMA Retirement Corporation. Employer has adopted the International City Management Association Retirement Corporation (ICMA-RC) deferred compensation program and will allow Employee to participate fully in the program. In addition to Employee's base salary, Employer shall pay monthly a contribution to Employee's ICMA-RC deferred compensation account in an amount which annualized shall equal $6,665. This Employer contribution shall be adjusted annually on January 1 by the same percentage increase as the Employee's base salary is adjusted. Employer agrees to transfer ownership of the deferred compensation to succeeding employers upon Employee's resignation or discharge. Nothing in this section shall either prohibit or require additional Employee voluntary deferred compensation beyond the amount of the Employer contribution. B. KPERS. In accordance with state law, Employer participates in the Kansas Public Employees Retirement System. Employer agrees to pay on behalf of Employee all KPERS determined costs at the 1.75% benefit level, for purchase under the "modified double deduction" method of Employee's eligible prior out-of-state service, not to exceed ten (10) years." . Section 2. Ratification of Employment Agreement. Except as specifically amended by this Second Amendment to Employment Agreement, the terms of the Employment Agreement as amended by the First Amendment to Employment Agreement are ratified and confirmed. IN WITNESS WHEREOF, the City of Salina, Kansas has caused this agreement to be signed and executed on its behalf by the Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this agreement, the day and year first above written. CITY OF SALINA, KANSAS OAt:-:r~ Peter F. Brungardt, Mayor ATTEST: ~l~Ci~Cl~ EMPLOYEE