Agmt13 Alex Kozlov dba SURGE Project Management

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3. Term. Unless earlier terminated, this Agreement shall commence as of March 1, 2013, and shall remain in full force and effect until August 30, 2013. The City Manager may amend the Agreement to extend the term or amend the scope of work. Amendments will be based upon a satisfactory review of Manager's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date, amended scope and/or length of any extended agreement. 4. Schedule. Manager will generally adhere to the schedule set forth in Exhibit "B" hereof, attached hereto and by this reference incorporated herein; provided, that City will grant reasonable extensions of time for the performance of such services occasioned by unusually lengthy governmental reviews of Manager's work product or other unavoidable delays occasioned by circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Manager's officers or employees. Manager acknowledges the importance to City of City's project schedule and agrees to put forth its best professional efforts to perform the Services under this Agreement in a manner consistent with that schedule. City understands, however, that Manager's performance must be governed by sound practices. 5. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. 6. Compensation. City shall pay to Manager an amount not to exceed Seventy-Five Thousand Dollars ($75,000) for the performance of all the work and services described herein, plus all reimbursable costs and expenses incurred by Manager and approved by City Manager or his/her designee, payable as set forth in Exhibit "C", attached hereto and made a part hereof by reference. 6.1 An application for payment form must be submitted to City not more than twice monthly, which application shall include the following: a clear, detailed invoice reflecting work being billed for (including reimbursable expenses for any maintenance work), a summary sheet showing hourly rates, hours worked, percentage of work completed to date, amount/percent billed to date and current status of all tasks within a project; any/all backup documentation supporting the above items. Work schedule updates must also be included with the payment requests. 6.2 Manager shall maintain adequate records and shall permit inspection and audit by City of Manager's charges under this Agreement. Manager shall make such records available to City during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to City and any specified public agencies. Such records shall be maintained by Manager for one (1) year following completion of the work under this Contract unless a longer period of time is required by state or federal ATTY/AGR/2013.030/SURGE DOCKTOWN MANAGEMENT AGREEMENT REV:3-01-13 VR Page 2 of 14