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8H Consent 2021 1213
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8H Consent 2021 1213
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CM City Clerk-City Council - Document Type
Agenda
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12/13/2021
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7 <br />General will also consider requests from Plaintiff Subdivisions to execute and enter into <br />agreements presented in other forms. <br />For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or <br />enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any <br />duty or obligation on the State of California or any of its agencies or officers, including without <br />limitation the Attorney General. <br />5. State and Subdivision Reporting <br />a)DHCS will prepare an annual written report regarding the State’s use of funds from the <br />settlement until those funds are fully expended and for one year thereafter. These reports <br />will be made publicly available on the DHCS web site. <br />b)Each CA Participating Subdivision that receives payments of funds from the settlement <br />will prepare written reports at least annually regarding the use of those funds, until those <br />funds are fully expended and for one year thereafter. These reports will also include a <br />certification that all funds that the CA Participating Subdivision has received through the <br />settlement have been used in compliance with the Janssen Settlement Agreement and this <br />CA Janssen Allocation Agreement. The report will be in a form reasonably determined <br />by DHCS. Prior to specifying the form of the report DHCS will confer with <br />representatives of the Plaintiff Subdivisions. <br />c)The State and all CA Participating Subdivisions receiving CA Abatement Accounts <br />Funds will track all deposits and expenditures. Each such subdivision is responsible <br />solely for the CA Abatement Accounts Funds it receives. A county is not responsible for <br />oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city <br />within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ <br />expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will <br />be subject to the normal budgetary and expenditure process of the Subdivision. <br />d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and <br />expenditures, as required by the Janssen Settlement Agreement and this CA Janssen <br />Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from <br />the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must <br />identify and include in their annual report, the amount and how such funds were used, <br />including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant <br />to Section VI(B)(2) of the Janssen Settlement Agreement, such information must also be <br />reported to the Settlement Fund Administrator and Janssen. <br />e)In each year in which DHCS prepares an annual report DHCS will also host a meeting to <br />discuss the annual report and the Opioid Remediation activities being carried out by the <br />State and Participating Subdivisions. <br />321
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