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Arbitration pursuant to this section shall occur as follows <br />A. The jurisdictions interested in an asset shall select one (1) person <br />(Arbitrator) to determine which agency will receive the property If the <br />jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions <br />participating in the SRT upon dissolution shall meet to determine who the <br />Arbitrator will be The Arbitrator may be any person not employed by the <br />jurisdictions that desire the property <br />B During a meeting with the Arbitrator, each jurisdiction interested in the <br />property shall be permitted to make an oral and /or written presentation to <br />the Arbitrator in support of its position <br />C At the conclusion of the presentation, the Arbitrator shall determine which <br />jurisdiction is to receive the property The decision of the Arbitrator shall <br />be final and shall not be the subject of appeal or review <br />XIII LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION <br />It is the intent of the participating jurisdictions to provide services of the SRT without the <br />threat of being subject to liability to one another and to fully cooperate in the defense of <br />any claims or lawsuits arising out of or connected with SRT actions that are brought <br />against the jurisdictions To this end, the participating jurisdictions agree to equally <br />share responsibility and liability for the acts or omissions of their participating personnel <br />when acting in furtherance of this Agreement. In the event that an action is brought <br />against any of the participating jurisdictions, each jurisdiction shall be responsible for an <br />equal share of any award for or settlement of claims of damages, fines, fees, or costs, <br />regardless of which jurisdiction or employee the action is taken against or which <br />jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall <br />share equally regardless of the number of jurisdictions named in the lawsuit or claim or <br />the number of officers from each jurisdiction named in the lawsuit or claim This section <br />shall be subject to the conditions and limitations set forth in subsections A through G <br />below <br />A. Jurisdiction Not Involved In SRT Response In the event that a jurisdiction <br />or its personnel were not involved in the SRT response to the incident that <br />gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does <br />not, in any manner, implicate the acts of a particular jurisdiction or its <br />personnel, such jurisdiction shall not be required to share responsibility for <br />the payment of the judgment or award <br />B Intentionally Wronaful Conduct Beyond the Scope of Employment. <br />Nothing herein shall require, or be interpreted to require indemnification or <br />payment of any judgment against any SRT personnel for intentionally <br />wrongful conduct that is outside of the scope of employment of any <br />individual or for any judgment of punitive damages against any individual <br />or jurisdiction Payment of any award for punitive damages shall be the <br />VALLEY SPECIAL RESPONSE TEAM 5 <br />OPERATIONAL AGREEMENT <br />