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Contract Agreement for Police Services Page 6 St.Anthony,its officers and employees shall not be deemed to assume any liability for intentional misconduct or negligent acts of Falcon Heights or of any other officers,agent,or employee thereof, and Falcon Heights shall hold St.Anthony and its officers and employees harmless from,and shall defend and indemnify St.Anthony and its officers and employees against any claim for damages arising out of Falcon Heights'negligent performance or failure to perform its obligations pursuant to this Agreement. B.Attorney ’s Fees.Should either Party resort to litigation to enforce this Agreement,the prevailing shall be entitled,in addition to such other relief as may be granted,to recover its own reasonable attorneys'fees and other costs associated in such litigation from the Party against whom enforcement was sought. C.Force Majeur e.Neither Party shall be liable for failure to perform its obligations under the Agreement if such failure results from circumstances unforeseen and beyond the reasonable control of the Party affected,which materially affects its performance hereunder (a “Force Majeure Event”).A Force Majeure Event includes,but is not limited to,fire,flood,typhoon,earthquake, terrorism,strike,or regional or national labor disputes.The affected Party will notify the other Party as soon as practicable after the occurrence of a Force Majeure Event,and shall use commercially reasonable efforts to mitigate or cure the effect of the Force Majeure Event.In the event that the Force Majeure Event continues for a period exceeding thirty (30)days,then either Party may terminate this Agreement upon written notice to the other Party.Neither Party shall pay damages to the other Party for termination of this Agreement due to a Force Majeure Event. D.Waiver .Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statute §466 or a waiver of any available immunities or defenses.No exercise of any right or remedy by either Party shall constitute a waiver of any other right or remedy contained herein or provided by Applicable Law.Nothing herein shall be construed to provide insurance coverage or indemnification to an employee,official or agent of any Party for any act or omission for which the employee,official or agent is guilty of malfeasance in office,willful neglect of duty or bad faith. IX.ADMINISTRATIVE RESPONSIBILITY . Any Policing Services rendered to Falcon Heights will be under the sole direction of St.Anthony.The standards of performance,the hiring and discipline of officers assigned,and other matters relating to regulations and policies related to police employment,services and activities,will be within the exclusive control of St.Anthony.The Parties hereto expressly affirm the importance of work force diversity and St. Anthony agrees to use reasonable efforts,within applicable departmental budgetary limits,to recruit qualified female and minority police officers. X.JOINT OPERATIONS COMMITTEE . St.Anthony and Contract Cities will appoint members to a Joint Operations Committee.The Committee will consist of top administrative and police command staff and will meet at least once per quarter to ensure that this Agreement and the services performed pursuant to this Agreement are meeting the expectations of St. Anthony and the Contract Cities. Parties will evaluate the staffing needs regularly as part of the Joint Operations Committee.Adjustments to the staffing plan will be made based on crime trends,call volumes,and other relevant factors to ensure optimal police service for all Contract Cities.