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INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL Return FULLLY EXECUTED Copy to COTC, M-30 A-2021-286 DATEa FEB 2 7 2023 CALIEFORNIA-SUBDIVISION BACKSTOP AGREEMENT tS°Wm5) On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio �(Avi issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL 2804, addressing contingent attorney fee contracts between political subdivisions eligible to participate in the Distributors Settlement and their counsel. In light of the Order, and at the request of the City of Santa Ana, the City of Santa Ana, its counsel Robins Kaplan LLP, and the California Attorney General, on behalf of the State of California, are entering into this California -Subdivision Backstop Agreement (Backstop Agreement). The City of Santa Ana and Robins Kaplan LLP intend this Backstop Agreement to constitute a State Back- Stop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys' Fees, Expenses and Costs) of the Distributor Settlement Agreement. Pursuant to this Backstop Agreement, the City of Santa Ana may, subject to the limitations of the Distributor Settlement Agreement and CA Distributor Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Distributor Settlement CA Subdivision Fund to pay a contingent fee to Robins Kaplan LLP. Any such payment from the City of Santa Ana to Robins Kaplan LLP, together with any contingency fees that Robins Kaplan LLP may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of 15% of the total gross recovery of the City of Santa Ana from the Distributors Settlement. Robins Kaplan LLP certify that they first sought fees and costs from the Attorney Fee Fund created under the Distributor Settlement Agreement before seeking or accepting payment under this backstop agreement. Robins Kaplan LLP further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments. The Attorney General is executing this agreement solely because the definition of "State Back - Stop Agreement" in Exhibit R of the Distributor Settlement Agreement requires such agreements to be between "a Settling State" and private counsel for a participating subdivision. Neither the California Attorney General nor the State of California have any obligations under this Backstop Agreement, and this Backstop Agreement does not require the payment of any state funds to the City of Santa Ana, Robins Kaplan LLP, or any other party. ��M Date CITY OF SANTA ANA Kristine Ridge, City Manager Roman Silberfeld Robins Kaplan LLP