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Docusign Envelope ID:F617E359-4OD9-46EO-BD71-OF5OB4798B26 <br /> any cities or towns within the county may agree to reallocate their respective shares of <br /> the CA Abatement Accounts Funds among themselves, provided that any direct <br /> distribution may only be to a CA Participating Subdivision and any CA Participating <br /> Subdivision must agree to their share being reallocated. <br /> iii. CA Abatement Accounts Fund Oversight <br /> a) Pursuant to Section 5 below, CA Participating Subdivisions receiving funds pursuant to <br /> the Purdue Bankruptcy Plan and related Sackler settlement must prepare and file reports <br /> annually regarding the use of those funds. DHCS may regularly review the reports <br /> prepared by CA Participating Subdivisions about the use of CA Abatement Accounts <br /> Funds for compliance with the Governing Documents and this Agreement. <br /> b) If DHCS determines that a CA Participating Subdivision's use of CA Abatement <br /> Accounts Funds is inconsistent with the Governing Documents or this Agreement, <br /> whether through review of reports or information from any other sources,DHCS shall <br /> send a request to meet and confer with the CA Participating Subdivision. The parties <br /> 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 against the <br /> Subdivision in the court where the State has filed its Consent Judgment to resolve the <br /> concern or otherwise enforce the requirements of the Governing Documents or this <br /> Agreement. However, in no case shall any audit be conducted, or motion be brought, as <br /> to a specific expenditure of funds, more than five years after the date on which the <br /> expenditure of the funds was reported to DHCS, in accordance with 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, <br /> investigations, or other oversight activities, or to pursue administrative, civil, or criminal <br /> enforcement actions. <br /> C. CA Subdivision Fund <br /> i. Fifteen percent of the payments to California subject to this Agreement will be allocated <br /> to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated <br /> among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The fiends <br /> will be used, subject to any limits imposed by the Governing Documents and this <br /> Agreement, to fiend future Opioid Remediation and reimburse past opioid-related <br /> expenses,which may include fees and expenses related to litigation. <br /> RIM <br /> 5 [il <br />