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C. Claims of $5,000 or Less. <br />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 />M -7 <br />