Amendment to Employment Agr
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AMENDMENT TO EMPLOYMENT AGREEMENT
THIS AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into this
JjLday of December 1994, by and between the CITY OF SALINA, KANSAS, a municipal
corporation, hereinafter called "Employer", and DENNIS M. KISSINGER, hereinafter called
"Employee", both of whom understand as follows:
WITNESSETH:
WHEREAS, the Employer and Employee entered into an Employment Agreement dated
January 10, 1988, hereinafter referred to as the "Employment Agreement", and in doing so
anticipated that from time to time it would be necessary to modify the Employment Agreement
in certain particulars while leaving the initial agreement substantially in effect; and
WHEREAS, the Employer and the Employee have identified certain specific amendments
they wish to make to the Employment Agreement.
NOW, THEREFORE, the parties agree as follows:
Section 1. Amendment of Specific Sections.
The following Sections of the Employment Agreement are amended and restated effective
January 1, 1994, as follows:
(a) Section 3. Termination and Severance Pay
A. In the event Employee is terminated by the Commission 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 months aggregate salary; provided, however, that in the event
Employee is terminated because of his conviction of any illegal act involving
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 herein, or the Employee resigns following a
suggestion, whether form or informal, by the Commission 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
severance pay provision contained in paragraph "A" above.
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C. In the event Employee voluntarily resigns his position with Employer,
then Employee shall give Employer thirty (30) days notice in advance, unless the
parties otherwise agree.
(b) Section 8. Automobile Allowance
Employee shall be receive an allowance of $390 per month for business
use of his vehicle. For business trips outside the City, Employee shall receive
additional compensation for each mile driven pursuant to state law.
(c) Section 11. Retirement
The 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. Employee shall have sole
authority to determine the amount of Employee's base salary to be deposited in
the program. In addition to Employee's base salary, Employer shall monthly pay
a contribution to Employee's ICMA-RC deferred compensation account in an
amount which annualized shall equal $5,250. Employer agrees to transfer
ownership of the deferred compensation, whether contributed by Employee from
his base salary or by the Employer, to succeeding employers upon Employee's
resignation or discharge.
Section 2. Ratification of Emolovment Agreement
Except as specifically amended by this Amendment to Employment Agreement, the terms
of the Employment Agreement are ratified and confirmed.
IN WITNESS WHEREOF, the City of Salina, Kansas has caused this agreement to be
signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the
Employee has signed and executed this agreement, the day and year first above written.
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Joseph A amer, Mayor
ATTEST:
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~ L , City Clerk
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Dennis M. Kissinger, mployei(
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