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C. Claims of $5,000 or Less. <br /> i. Lead Jurisdiction Responsibilities. <br /> The lead jurisdiction shall be responsible for working with the <br /> Tactical Commander to gather records relating to the VSWAT <br /> Team 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 VSWAT Team is <br /> liable for damages set forth in a claim, and whether the payment of <br /> the claim would be in the best interest of the jurisdictions and /or the <br /> VSWAT Team. In the event the lead jurisdiction determines that <br /> payment of a claim is appropriate, such determination shall be final <br /> and binding upon other jurisdictions and payment shall be <br /> apportioned equally among all jurisdictions that participated in the <br /> VSWAT Team response. The insurance provider for the lead <br /> jurisdiction shall provide full payment to the claimant, and each <br /> jurisdiction that participated in the response shall reimburse the <br /> insurance provider for its equal 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 VSWAT Team and each and <br /> every officer, agent, or volunteer of those participating jurisdictions. <br /> In the event the lead jurisdiction determines that the VSWAT Team <br /> is not liable for damages set forth in a claim or that the payment of <br /> the claim would not be in the best interest of the jurisdictions and /or <br /> the VSWAT Team, the lead jurisdiction shall notify the other <br /> jurisdictions of the determination, and such determination shall be <br /> binding on the other jurisdictions; PROVIDED, that another <br /> jurisdiction that determines that payment is appropriate may pay <br /> such claim in full, and shall not seek reimbursement from the other <br /> 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 /> VALLEY SWAT TEAM 08 -19 -2010 <br /> INTERLOCAL AGREEMENT Page 8 <br />