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Allocation Agreement Among Participating Entities Collectively <br />WHEREAS the Board of County Commissioners of the County of Boulder, Town of <br />Superior, City of Louisville, Boulder County Public Health, Superior Metropolitan District No. 1, <br />Boulder Valley School District, and Colorado School Districts Self Insurance Pool (collectively, <br />"Participating Entities", or singularly "Participating Entity") were and are affected by the 2021 <br />Marshall Fire; <br />WHEREAS the Participating Entities claim that these damages were caused by the actions <br />and/or inactions of Xcel Energy, Inc., Public Service Company Of Colorado D/B/A Xcel Energy, <br />Xcel Energy Services, Inc., Teleport Communications America, LLC, and/or Qwest Corporation <br />("Defendants"), and for which each Participating Entity has filed a lawsuit to recover damages <br />from Defendants associated with the Marshall Fire ("Cases"); <br />WHEREAS the United States Federal Emergency Management Agency ("FEMA") has <br />obligated funds, will obligate funds, has made payments, or will make monetary payments to <br />several Participating Entities in connection with public assistance programs resulting from federal <br />or state emergency/disaster declarations and/or resulting from the Marshall Fire ("Disaster/Public <br />Assistance"); <br />WHEREAS the Participating Entities have engaged, or will engage, in good faith <br />negotiations with Defendants regarding Participating Entities' legal damages, ("Settlement <br />Discussions"); and, <br />WHEREAS an anticipated Settlement Agreement would include one collective settlement <br />amount to resolve all Participating Entities' respective legal claims, including those for which <br />particular Participating Entities have received Disaster/Public Assistance; <br />The Participating Entities hereby enter into this Allocation Protocol Agreement <br />(hereinafter "Agreement") to equitably and fairly allocate the collective settlement amount <br />(hereinafter, "Global Settlement") among and between the Participating Entities: <br />I. Damages Expert <br />a. Industrial Economics (hereinafter "IEc") will serve as the common Damages <br />Expert in connection with the Settlement Discussions (hereinafter, "Damages <br />Expert"). <br />b. IEc is a qualified and unbiased economist and wildfire damages expert, <br />appropriately selected for this Case. <br />c. IEc will provide the common expert analysis for each and all Participating Entities, <br />and FEMA, with the intent to provide common and normalized methodologies for <br />the calculation of the same or similar damages for each and all of the Participating <br />Entities, including FEMA obligations. IEc will work with the Participating Entities <br />to agree on all amounts included in a Global Demand (as defined below) of <br />Defendants. <br />d. To the extent any Participating Entity, Damages Expert, or counsel learn or <br />discover new information or errors that could affect any damages analysis, such <br />1 <br />