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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CITY CLERK <br />DATE: <br />N <br />J <br />o = CflD (0) <br />�JOMTT fA <br />Return FULLLY EXECUTED 30 <br />Copy to COTC, <br />APPENDIX 3 <br />CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT <br />A-2023-060-03A <br />On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued <br />an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL <br />2804, addressing contingent attorney fee contracts between political subdivisions eligible to <br />participate in the CVS Settlement and their counsel. <br />In light of the Order, and at the request of the City of Santa Ana, the City of Santa Ana, its counsel <br />Robins Kaplan LLP, and the California Attorney General, on behalf of the State of California, are <br />entering into this California -Subdivision Backstop Agreement (Backstop Agreement). <br />The City of Santa Ana and Robins Kaplan LLP intend this Backstop Agreement to constitute a <br />State Back- Stop Agreement as that term is used in the Order and in Exhibit R (Agreement on <br />Attorneys' Fees, Costs, and Expenses) of the CVS Settlement Agreement. <br />Pursuant to this Backstop Agreement, the City of Santa Ana may, subject to the limitations of the <br />CVS Settlement Agreement and CA CVS Allocation Agreement, as well as any other limitations <br />imposed by law, use funds that it receives from the CVS Settlement CA Subdivision Fund to pay <br />a contingent fee to Robins Kaplan LLP. Any such payment from the City of Santa Ana to Robins <br />Kaplan LLP, together with any contingency fees that Robins Kaplan LLP may receive from the <br />national Attorney Fee Fund, will not exceed a total contingency fee of 15% of the total gross <br />recovery of the City of Santa Ana from the CVS Settlement. <br />Robins Kaplan LLP certify that they first sought fees and costs from the Attorney Fee Fund created <br />under the CVS Settlement Agreement before seeking or accepting payment under this backstop <br />agreement. Robins Kaplan LLP further certify that they are not seeking and will not accept payment <br />under this backstop agreement of any litigation fees or costs that have been reimbursed through <br />prior settlements or judgments. <br />The Attomey General is executing this agreement solely because the definition of "State Back - <br />Stop Agreement" in Exhibit R of the CVS Settlement Agreement requires such agreements to be <br />between "a Settling State" and private counsel for a participating subdivision. Neither the <br />California Attorney General nor the State of California have any obligations under this Backstop <br />Agreement, and this Backstop Agreement does not require the payment of any state funds to the <br />City of Santa Ana, Robins Kaplan LLP, or any other party. r <br />Dated: l L 2023 `r� I L —row <br />The City of Santa Ana <br />Dated: .2023 <br />Dated: <br />2023 <br />Robins Kaplan LLP <br />ATTORNEY GENERAL <br />