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C. Upon termination of this Agreement, each party shall retain ownership of <br />equipment purchased by their agency and provided to its participating KCRTRT members. <br />D. Any assets acquired with joint funds of the KCRTRT shall be equally divided <br />among the parties in proportion to their participation in the KCRTRT at the asset's fair market <br />value upon termination. The value of the assets of KCRTRT shall be determined by a valuation <br />method approved by the Sheriff and Police Chef. If both parties desire an asset, the final <br />decision shall be trade by arbitration (described below). Any property not claimed shall be <br />declared surplus and disposed of pursuant to state law for the disposition of surplus property. <br />E. The proceeds from the sale or disposition of any KCRTRT property, after <br />payment of any and all costs of sale or debts of the agency (meaning, debts owed by the agency <br />to KCRTRT), shall be equally distributed to the parties in proportion to the percentage of their <br />participation in the KCRTRT as of the date of dissolution. The parties may elect to buy the <br />interest of the other party at the fair market value rate. In the event the parties terminate their <br />participation in the KCRTRT, but the KCRTRT continues to exist, the terminating party shall be <br />deemed to have waived any right or title to any property owned by the KCRTRT or to share in <br />the proceeds at the time of dissolution. <br />F. Arbitration pursuant to this section shall occur as follows: <br />I. If both parties are interested in an asset, the Sheriff and Police Chief shall <br />each vote to select one (1) person (Arbitrator) who is not employed by, or related to, the member <br />agencies of the KCRTRT, to determine which agency will receive the property. <br />2. During a meeting with the Arbitrator, each party interested in the property <br />shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its <br />position. <br />3. At the conclusion of the presentation, the Arbitrator shall determine which <br />party is to receive the property. The decision of the Arbitrator shall be final and binding shall not <br />be subject of appeal or review. <br />IX. INDEPENDENT CONTRACTOR. The services provided under this Agreement are <br />those of an independent contractor. Employees of each agency are and will remain employees of <br />that agency. All tights, duties, and objectives of the employer and the employee shall remain in <br />place during KCRTRT activities. Each employer shall be responsible for ensuring compliance <br />with all applicable laws, collective bargaining agreements, and/or civil service rules and <br />regulations, applicable to its employees. Under no conditions will any member of the KCRTRT <br />be eligible for any compensation or other benefit from any employer other than their own <br />contributing agency. <br />X. INDEMNIFICATION. <br />Page 4 of 9 <br />