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HomeMy WebLinkAbout25-138 Resolution No. 25-138 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO EMPLOYMENT CONTRACT WITH CITY MANAGER RICHARD G. KOZAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Second Amendment to Employment Contract on behalf of the City of Elgin with Richard G. Kozal for his services as City Manager for the City of Elgin,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 13, 2025 Adopted: August 13, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk SECOND AMENDMENT TO EMPLOYMENT CONTRACT THIS SECOND AMENDMENT AGREEMENT is made and entered into as of the 13th day of August, 2025, by and between the City of Elgin, Illinois, a municipal corporation, hereinafter referred to as the "City," and Richard G. Kozal, hereinafter referred to as either "Mr. Kozal"or"Employee." WITNESSETH: WHEREAS,the City and Mr. Kozal previously entered into an employment contract dated June 22, 2016, wherein the City employed the services of Mr. Kozal as the City of Elgin's City Manager, which contract was amended by an Amendment Agreement dated December 21, 2022, (collectively hereinafter referred to as the"Subject Employment Contract"); and WHEREAS, the City and Mr. Kozal desire to amend the Subject Employment Contract to provide for a salary adjustment for Mr. Kozal as City Manager. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and in consideration of the mutual covenants contained in the Subject Employment Contract, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. That Section 4 of the Subject Employment Contract between the City and Mr. Kozal be and is hereby amended in its entirety, to read as follows: "Section 4: Salary. The City agrees to pay Employee for his services rendered pursuant hereto an annual base salary of$276,919.00,payable in installments at the same time as other management employees of the City are paid. Mr. Kozal shall receive cost of living increases to such annual base salary in the same percentage amount and at the same time cost of living increases are provided to other Class "A" management employees of the City." 2. That the amended annual base salary of Mr. Kozal as provided in the preceding Section 1 of this Second Amendment Agreement shall be effective as of January 1, 2025. 3. That in the event of any conflict between the terms of this Second Amendment Agreement, and the terms of the Subject Employment Contract, the terms of this Second Amendment Agreement shall supersede and control. 4. That except as specifically amended pursuant to this Second Amendment Agreement, the Subject Employment Contract and all of the terms thereof shall remain in full force and effect. 1 IN WITNESS WHEREOF, the City of Elgin, Illinois has caused this Second Amendment Agreement to be signed and executed on its behalf by the Mayor and attested to by the City Clerk, and Richard G. Kozal has signed and executed this Second Amendment Agreement, as of the day and year first written above. CITY OF ELGIN ,/ By: 4-74140, FX/:, " Mayor, Da i • J. K stain Richard G. Kozal A T: City Clerk APPROVED AS TO FORM: Christopher J. eck, C oration Counsel 2