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D Claims over $5,000 <br />VSRT 03 -20 -2007 <br />INTERLOCAL AGREEMENT <br />response The lead jurisdiction shall provide records to its <br />insurance provider and shall assist its insurance provider in <br />assessing liability for acts associated with the claim The lead <br />jurisdiction shall notify the other jurisdictions of any determinations <br />as to liability In determining whether a claim should be paid, the <br />lead jurisdiction and its insurance provider shall, at a minimum, <br />consider the potential legal defenses to the claim and the costs of <br />defending the claim <br />ii Liability Determination Apportionment of Damages <br />The lead jurisdiction, with the assistance of its insurance provider <br />and risk manager, shall determine whether the SRT is liable for <br />damages set forth in a claim, and whether the payment of the claim <br />would be in the best interest of the jurisdictions and /or the SRT In <br />the event the lead jurisdiction determines that payment of a claim is <br />appropriate, such determination shall be final and binding upon <br />other jurisdictions and payment shall be apportioned equally <br />among all jurisdictions that participated in the SRT response The <br />insurance provider for the lead jurisdiction shall provide full <br />payment to the claimant, and each jurisdiction that participated in <br />the response shall reimburse the insurance provider for its equal <br />share of such payment. <br />Prior to the payment of any claim, and as a condition of such <br />payment, the insurance provider providing payment shall obtain <br />from the claimant a complete and total release of liability on behalf <br />of all jurisdictions participating in the SRT and each and every <br />officer, agent, or volunteer of those participating jurisdictions <br />In the event the lead jurisdiction determines that the SRT is not <br />liable for damages set forth in a claim or that the payment of the <br />claim would not be in the best interest of the jurisdictions and /or the <br />SRT, the lead jurisdiction shall notify the other jurisdictions of the <br />determination, and such determination shall be binding on the other <br />jurisdictions, PROVIDED, that another jurisdiction that determines <br />that payment is appropriate may pay such claim in full, and shall <br />not seek reimbursement from the other participating jurisdictions <br />iii Letter From Insurance Adjusters <br />In the event a lead jurisdiction, in conjunction with its insurance <br />provider, determines that payment of a claim is appropriate, the <br />insurance provider shall provide each of the participating <br />jurisdictions with a letter stating the determination and the bases for <br />such determination <br />