FIRST MODIFICATION OF EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF SANTA MONICA AND DAVID A. WHITE
This First Modification of Employment Agreement (“First Modification”), entered into as of ____________________, 2023 (“Execution Date”), by and between the City of Santa Monica, a California municipal corporation (“City”), and David A. White (“White” or “Employee”), is made with reference to the following:
RECITALS
A. On July 22, 2021, the Santa Monica City Council appointed White to the position of City Manager of the City effective as of October 11, 2021 (“Employment Date”).
B. On July 28, 2021, the City and White entered into an Employment Agreement setting forth the terms and conditions of White’s employment as the City Manager of the City as of the Employment Date (“Original Agreement”).
C. The City and White wish to enter into this First Modification to increase White’s salary, in order to maintain appropriate internal alignment between the salary of the City Manager and the salary of the City Manager’s subordinate employees.
NOW, THEREFORE, the City and White agree as follows:
TERMS AND CONDITIONS
1. Section 1.1 of the Original Agreement, entitled “Salary,” is hereby amended to read as follows:
1.1 Commencing as of the Employment Date, the City agrees to pay Employee an initial annual base salary of $340,000, payable in installments in the same manner and at the same time as other City employees are paid. In accordance with section
1.2 below, commencing as of July 1, 2022, Employee’s annual base salary was adjusted by a 4.5% salary increase, to $355,296; and, commencing as of July 1, 2023, Employee’s annual base salary was adjusted to $365,952. Commencing as of January 14, 2024, the City agrees to pay Employee an annual base salary of $402,552, payable in installments in the same manner and at the same time as other City employees are paid.
2. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
3. 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 First Modification using an electronic signature, it is signing, adopting, and accepting this First Modification and that signing this First Modification using an electronic signature is the legal equivalent of 2 having placed its handwritten signature on this First Modification on paper. Each party acknowledges that it is being provided with an electronic or paper copy of this First Modification in a usable format.
4. Counterparts. This First Modification 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 First Modification was executed on the day and year first written above.
CITY OF SANTA MONICA,
a municipal corporation
By: ________________________ __________________________ Phil Brock, Mayor David White
APPROVED AS TO FORM: ATTEST:
___________________________ _____________________________ Douglas Sloan, City Attorney Denise Anderson-Warren, City Clerk