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had a good working relationship with their Managing Entity. Indeed,. several indicated <br />that they were already involved with their Managing :Entity. The actual dollar amounts <br />annually paid to smaller counties under the contemplated settlement agreements are not <br />substantial enough to support standalone programs. Given that reality, but wanting to <br />maximize services locally, it made sense to have the monies flow through the existing <br />structure to expand services in each county. If there are issues or problems with <br />Managing Entities, we are happy to engage. Weare also happy to try and help <br />communities get involved in or engage with their Managing Entity. <br />We have attached a spreadsheet to. this letter that demonstrates the amounts attributable to <br />each county per year for an amount within each range in the previous question. <br />The State Fund consists of the remaining 45% to 55% of the total settlement amounts <br />allocable to the State of Florida, depending on the amount of the Regional bund above. As with <br />the City/County Fund and Regional Fund, these funds must be spent on Approved Purposes <br />M'hy should %ve agree to this allocation? <br />The proposed allocation in the MOU is better than the alternative that subdivisions will <br />receive if they do not enter an agreement with the State. Two of the defendants who we have <br />negotiated with. Purdue and Mallinckrodt are now in bankruptcy. In advance of and in <br />connection with those bankruptcies, the states, the PEC, and city and county representatives <br />negotiated a default intrastate allocation and agreed that it will apply unless a state and its cities <br />and counties agree to something else. A Deputy County Attorney for Broward County, Florida, <br />was involved in the negotiations related to Purdue. Something like the Purdue default allocation <br />is currently in the draft connected to the Distributor and J&J deal. <br />The allocation above is superior for Florida's subdivisions than that default allocation. <br />hndeed, the State offered substantial improvements over those terms from the beginning ofthe <br />negotiations that led to this MOU. We have attached a copy of the Purdue abatement term sheet <br />for your review. Under that default allocation, there is no city/county find. Only subdivisions <br />with populations greater than 400,000 people are eligible to receive any monies directly. Almost <br />all the monies will flow through the Managing Entities who are regionally supplying services. <br />The allocation percentages for the regional bucket are dollar based and decrease to hair far more <br />quickly than in the MOU. In other words, the allocation in this MOU allows a far greater <br />recovery directly to each Florida city and county than the alternative and greater recoveries <br />regionally for all subdivisions. <br />The allocation is also better than the cities and counties would achieve if damages were <br />proportionally allocated. In the Purdue bankruptcy, over one hundred twenty-five l lorida <br />subdivisions filed proofs of claims. When the size of those claims is compared to that of the <br />State's claim, the State's claim was more than four, almost five times larger than all the <br />subdivisions' claims combined. Subdivisions are getting substantially more than what their <br />proportional share would be. The State is willing to agree to the larger because it frankly reflects <br />the reality of how monies are currently being spent and is. consistent with how the legislature has <br />been appropriating monies to combat this crisis. <br />Page 5 of 7 <br />57 <br />