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IL RESPONSIBILITIES <br />Each party will appoint a person to serve as the official contact and to coordinate the activities of <br />each organization in carrying out this agreement. The appointees of each organization are: <br />Friends of the Mississippi River The City of Elk River <br />Tom Lewanski, Conservation Director Michael Hecker Parks and Recreation Director <br />360 North Robert Street, Suite 400. St. Paul, MN 55101 763.635.1161 w 763.635.1090 <br />651-222-2193 Ext. 12 13065 Orono Parkway I Elk River I MN 155330 <br />tlewanski@finr.org MHecker@E1kRiverMN.gov <br />The partnering organizations agree to the following tasks for this agreement: <br />FMR will: <br />• Contribute up to $597,600 toward the restoration/enhancement activities presented in <br />Exhibit A. FMR's funds for this project have or are anticipated to be provided by grants <br />from the Outdoor Heritage Fund as appropriated by the Minnesota Legislature. FMR's <br />ability to provide this funding depends on the grant funds being appropriated by the <br />Minnesota Legislature. <br />• Whenever possible, notify the city's designated contact when the contractor(s) plan to be <br />on-site to conduct activities associated with this project. <br />• Secure all permits, variances, and/or official permission required to conduct the activities <br />• Submit invoices in timely manner. <br />• FMR guarantees that the work that it will do as part of this Agreement and according to <br />the approved work plan will be done in accordance with applicable standards in a <br />workman like manner. However, FMR disclaims and excludes any warranties of any kind <br />including but not limited to fitness, whether implied or expressed, for a particular <br />purpose or merchantability. <br />• Be responsible for its contractors. Contractors shall be required to provide proof of <br />insurance to the City demonstrating general liability coverage of at least $1,500,000 per <br />occurrence and aggregate prior to beginning work under this agreement and agree in <br />writing to defend, hold harmless and indemnify the City from any and all liability arising <br />out of contractor's performance of its duties. Contractor(s) to the extent of the work to be <br />performed are to be bound by the terms of this agreement. <br />• Provide to the city, prior to or concurrent with the execution of this agreement, <br />certificate(s) of insurance (Exhibit C) naming the City of Elk River as certificate holder or <br />certified copies of such existing policies of insurance, demonstrating general liability <br />coverage of at least $1,500,000 per occurrence and aggregate. <br />• Indemnify, save, and hold harmless the City of Elk River, its officers, employees, agents, <br />and others acting on its behalf from any claims or causes of action, including attorney's <br />fees incurred by the City, to the extent caused by FMR's: <br />o Intentional, willful, or negligent acts or omissions; or <br />o Actions that give rise to strict liability; or <br />