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A. The jurisdictions interested in an asset shall select one (1) person <br /> (Arbitrator) to determine which jurisdiction will receive the property. If <br /> the jurisdictions cannot agree to an Arbitrator, the chiefs of the <br /> jurisdictions participating in the VCDU upon dissolution shall meet to <br /> determine who the Arbitrator will be. The Arbitrator may be any <br /> person not employed by the 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 <br /> presentation to the Arbitrator in support of its position. <br /> C. At the conclusion of the presentation, the Arbitrator shall determine <br /> which jurisdiction is to receive the property. The decision of the <br /> Arbitrator shall be final and shall not be the subject of appeal or <br /> review. <br /> XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION <br /> It is the intent of the participating jurisdictions to provide services of the VCDU <br /> without the threat of being subject to liability to one another and to fully cooperate <br /> in the defense of any claims or lawsuits arising out of or connected with VCDU <br /> actions that are brought against the jurisdictions. To this end, the participating <br /> jurisdictions agree to equally share responsibility and liability for the acts or <br /> omissions of their participating personnel when acting in furtherance of this <br /> Agreement. In the event that an action is brought against any of the participating <br /> jurisdictions, each jurisdiction shall be responsible for an equal share of any award <br /> for or settlement of claims of damages, fines, fees, or costs, regardless of which <br /> jurisdiction or employee the action is taken against or which jurisdiction or <br /> employee is ultimately responsible for the conduct. The jurisdictions shall share <br /> 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 <br /> section shall be subject to the conditions and limitations set forth in subsections A <br /> through G below. <br /> A. Jurisdiction Not Involved In VCDU Resoonse. In the event that a <br /> jurisdiction or its personnel were not involved in the VCDU response to <br /> the incident that gives rise to a claim or lawsuit, and judgment on the <br /> claim or lawsuit does not, in any manner, implicate the acts of the <br /> particular jurisdiction or its personnel, such jurisdiction shall not be <br /> required to share responsibility for the payment of the judgment or <br /> award. <br /> B. Intentionallv Wronaful Conduct Bevond the Scope of EmDlovment. <br /> Nothing herein shall require, or be interpreted to require <br /> indemnification or sharing in the payment of any judgment against any <br /> VCDU personnel for intentionally wrongful conduct that is outside of <br /> the scope of employment of any individual or for any judgment of <br /> punitive damages against any individual or jurisdiction. Payment of <br /> any award for punitive damages shall be the sole responsibility of the <br /> VALLEY CIVIL DISTURBANCE UNIT 5 <br /> INTERLOCAL AGREEMENT 2009 <br />