1 CITY OF SANTA MONICA EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”), entered into this _____ day of March 2022, by and between the City of Santa Monica, a California municipal corporation (“City”), and Susan Cola (“Cola”), is made with reference to the following:
RECITALS
A. On or about April 29, 2020, George S. Cardona was appointed to serve as Interim City Attorney as the then City Attorney Lane Dilg was appointed to serve as Interim City Manager.
B. On or about August 30, 2021, Mr. Cardona announced that he would be leaving his position as Interim City Attorney effective October 1, 2021.
C. The City then commenced recruitment for a new City Attorney.
D. Effective October 1, 2021, the City Council appointed Joseph P. Lawrence as the Interim City Attorney.
E. Mr. Lawrence will leave the position of Interim City Attorney effective April 6, 2022, with his last day of employment being April 5, 2022.
F. The City’s recruitment for a new City Attorney remains ongoing and is not yet completed.
G. The City Council wishes to appoint Ms. Cola as the Interim City Attorney upon the termination of Mr. Lawrence’s service as Interim City Attorney.
H. Ms. Cola currently serves as a Deputy City Attorney III and Senior Special Projects Attorney.
I. The City and Ms. Cola wish to enter into an agreement setting forth the terms and conditions of Ms. Cola’s appointment as Interim City Attorney.
NOW, THEREFORE, the City and Ms. Cola agree as follows:
TERMS AND CONDITIONS
1. Salary and Employment Benefits. In accordance with the existing City salary schedule for the position of City Attorney, City agrees to pay Ms. Cola an annual base salary of Two Hundred Eighty-Eight Thousand One Hundred Twenty dollars ($288,120), which is the salary for the City Attorney position at Step 3 on the current and previously approved City salary 2 schedule. This salary will be payable in installments in the same manner and at the same time as other City employees are paid. Ms. Cola shall be eligible to receive all other employment benefits for which she is currently eligible, in accordance with the Memorandum of Understanding between the City and the Public Attorneys Union (“MOU”).
2. Termination of Employment As Interim City Attorney. Ms. Cola understands and agrees that the Interim City Attorney position is an at-will position of limited duration, subject to termination by the City Council at any time or upon the commencement of employment of a new City Attorney, whichever occurs first. Upon termination of her employment as Interim City Attorney, Ms. Cola shall be entitled to resume her position as Deputy City Attorney III and Senior Special Projects Attorney at the salary and benefits then in effect for a Deputy City Attorney III, Step 5, and with all applicable employment benefits as set forth in the MOU.
3. Duration of Agreement. This Agreement shall be effective as of April 6, 2022, which is the anticipated first date of employment of Ms. Cola as the Interim City Attorney. This Agreement shall continue in full force and effect until modified by the City and Ms. Cola in writing.
4. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement. This Agreement may be modified only by written agreement signed by City and Ms. Cola.
5. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
6. Venue and Jurisdiction. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
7. Electronic Signatures. Each party agrees that the transaction consisting of this Agreement may be conducted by electronic means. Each party agrees and acknowledges that it is such party’s intent, that if such party signs this Agreement using an electronic signature, it is signing, adopting, and accepting this Agreement and that signing this Agreement using an electronic signature is the legal equivalent of having placed its handwritten signature on this Agreement on paper. Each party acknowledges that it is being provided with an electronic or paper copy of this Agreement in a usable format.
3 8. Counterparts. This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.
In witness whereof, this Agreement was executed on the day and year first written above.
CITY OF SANTA MONICA,
a municipal corporation
By: __________________________
SUE HIMMELRICH
Mayor, City of Santa Monica
ATTEST:
_____________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
___________________________
JOSEPH LAWRENCE
Interim City Attorney
__________________________
SUSAN COLA