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Last modified
4/12/2023 3:24:36 PM
Creation date
4/12/2023 3:24:11 PM
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Contracts
Company Name
TEVA
Contract #
A-2023-060-02
Agency
City Attorney's Office
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DocuSign Envelope ID: B15AAEBD-74AB-4EFF-B97F-0776E33BOD86 :4. <br />d) For the avoidance of doubt, andsubject to the requirements of the Teva Settlement <br />Agreement and applicable law, CA Participating Subdivisions may form agreements or <br />ventures, or otherwise work in collaboration with, federal, state,; local, tribal or private <br />sector entities in pursuing Opioid Remediation activities funded from the CA Abatement <br />Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for <br />Opioid Remediation consistent with the Teva Settlement Agreement and this CA Teva <br />Allocation Agreement, a county and any cities or towns within the county may agree to <br />reallocate their respective shares of the CA Abatement Accounts -Funds among <br />themselves, provided that any direct distribution may only be to a CA Participating <br />Subdivision and any CA Participating Subdivision must agree to.their.share being <br />reallocated. <br />iii. CA Abatement Accounts Fund Oversight <br />a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds <br />must prepare and file reports annually regarding the use of those funds. DHCS may <br />regularly review the reports prepared by CA Participating Subdivisions about the use of , <br />CA Abatement Accounts Funds for compliance with the Teva Settlement Agreement <br />and this CA Teva Allocation Agreement. <br />b) If DHCS determines that a CA Participating Subdivision's use'of CA Abatement <br />Accounts Funds is inconsistent with the Teva Settlement Agreement or this CA Teva <br />Allocation Agreement whcther`through review of reports or information from any other <br />sources, DHCS shall acrid a requestto meet and confer with the,CA Participating <br />Subdivision. The parties shall meet and confer in an effort to resolve the concern. <br />c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the . <br />Subdivision's use of the CA Abatement Accounts Funds within one year of the request to <br />meet and confer, unless:the parties mutually agree in writing to ,extend the meet and <br />confer time frame. <br />d) If the concern still cannot be resolved, the State may bring a motion or action in the court <br />where the State has filed its Consent Judgment to resolve the concerh`or otherwise <br />enforce the requirements of the Teva Settlement Agreement or this CA Teva Allocation <br />Agreement. flowe0er -in no case'shall any audit be conducted; oe motion be brought, as <br />to a specific'expenditure of funds; inore than five years after the date on'wlifici the <br />expenditure of the funds was reported to DHCS, in accordance witli this agreement. <br />e) Notwithstanding the foregoing, this Agreement does not limit the statutory or <br />constitutional authority of any state or local agency or official to conduct audits, 6 <br />investigations, or other oversight activities, or to pursue administrative, civil, or criminal <br />enforcement actions, <br />'o this ii,l.. <br />5 L7 <br />
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