Agenda — Malibu City Council, April 10, 2023 (part 1 of 2)

PLEASE DOWNLOAD THE AGENDA DOCUMENT FOR
INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

Meeting Agenda
CC230410_AGENDA_AMENDED.PDF
Item 3B2
Approve Warrants
CC230410_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC230410_ITEM 3B3.PDF
Item 3B4
Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
CC230410_ITEM 3B4.PDF
Item 3B5
Amendment No. 2 to Professional Services Agreement with Center for Municipal Solutions
CC230410_ITEM 3B5.PDF
Item 3B6
Professional Services Agreement with Aanko Technologies, Inc.

CC230410_ITEM 3B6.PDF
Item 3B7
Jake Kuredjian Citizenship Award

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. CC230410_ITEM 3B6.PDF
Item 3B7
Jake Kuredjian Citizenship Award
CC230410_ITEM 3B7.PDF
Item 3B8
Resolution Extending the Declaration of the COVID-19 Local Emergency CC230410_ITEM 3B8.PDF
Item 3B9
Consider Opting into Settlement Agreements with the following Defendants who have entered into National Opioid settlements: Teva; Allergan; Walmart; Walgreens; and CVS CC230410_ITEM 3B9.PDF
Item 4A
Adoption of Ordinance No. 504 - Los Angeles County Fire Code CC230410_ITEM 4A.PDF
Item 6A
Homelessness Task Force Recommendations Regarding Public Safety and Public Outreach
CC230410_ITEM 6A.PDF
Item 6B
Review of Homelessness Task Force Charter Progress
CC230410_ITEM 6B.PDF
Item 6C
Malibu Farmers Market Fee Waiver
Documents:

7. Documents:

8. Documents:

9. Documents:

10. Documents:

11. Documents:

12. Documents:

13. Documents:

Item 6C
Malibu Farmers Market Fee Waiver
CC230410_ITEM 6C.PDF
Item 6D
Initiate Amendments to MMC and LCP to Address Home Sharing CC230410_ITEM 6D.PDF
Item 6E
Assembly Bill (AB) 1500 – Property Taxation: Application of Base Year Value: Disaster Relief: SUPPORT
CC230410_ITEM 6E.PDF

13. Documents:

14. Documents:

15. Documents:

HOW TO VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video and via Zoom Webinar.

HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.

HOW TO PARTICIPATE IN-PERSON DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form.

HOW TO PARTICIPATE REMOTELY DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but valid email address is not required. Be advised that those participating via Zoom do so at their own risk; remote participants should not expect the meeting to be cancelled or continued due the inability of some members of the public to access the remote meeting.

Amended1 Malibu City Council
Regular Meeting Agenda
Monday, April 10, 2023
6:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/87253620545
Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – March 30, 2023; Amended Agenda posted April 7, 2023 Approval of Agenda

1 See the addition of Consent Calendar Item No. 3.B.9.

AMENDED City Council Regular Meeting Agenda Page - 2 - April 10, 2023

1. Ceremonial/Presentations
A. Presentation on Santa Monica College Malibu Campus
B. Presentation on 2022 Environmental Programs Accomplishments (OUTREACH AND EVENTS)

2. Written and Oral Communications from the Public
A. Communications from the Public concerning matters which are not on the agenda but for which the City Council has subject matter jurisdiction. City Council may not act on these matters except to refer the matters to staff or schedule the matters for a future agenda.

B. Commission / Committee / City Manager Updates
C. City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries

3. Consent Calendar

A. Previously Discussed Items
None.

B. New Items

1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.

Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 68589-68726 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 722 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,335,026.96. City of Malibu payroll check number 5327-5332 and ACH deposits were issued in the amount of $247,095.15.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224

3. Approval of Minutes
Recommended Action: Approve the minutes for the March 11, 2022 Malibu City Council Special meeting.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228

AMENDED City Council Regular Meeting Agenda Page - 3 - April 10, 2023

4. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 23-14, reauthorizing remote teleconferencing/virtual meetings pursuant to AB 361.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228

5. Amendment No. 2 to Professional Services Agreement with Center for Municipal Solutions
Recommended Action: Authorize the Mayor to execute the Professional Services Agreement Amendment No. 2 with Center for Municipal Solutions to extend the term of the agreement to June 30, 2023.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346

6. Professional Services Agreement with Aanko Technologies, Inc.

Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with Aanko Technologies, Inc. for the update of the City’s Emergency Operations Plan.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313

7. Jake Kuredjian Citizenship Award
Recommended Action: At the recommendation of the Parks and Recreation Commission, approve the nomination of Sara Wan as the recipient of the 2023 Jake Kuredjian Citizenship Award.

Staff Contact: Acting Community Services Director Riesgo, 456-2489, ext. 350

8. Resolution Extending the Declaration of the COVID-19 Local Emergency Recommended Action: Adopt Resolution No. 23-15 extending the declaration of the existence of a local emergency.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228

AMENDED City Council Regular Meeting Agenda Page - 4 - April 10, 2023

9. Consider Opting into Settlement Agreements with the following Defendants who have entered into National Opioid settlements: Teva; Allergan; Walmart; Walgreens; and CVS Recommended Action: 1) Opt into settlement agreement with three pharmacy chains— CVS, Walgreens, and Walmart and direct the City Manager to execute any documents necessary to implement the action and, when possible allocate the City’s designated share of settlement funds to the County of Los Angeles; and
2) Opt into settlement agreement with two opioid manufacturers—Allergan and Teva and direct the City Manager to execute any documents necessary to implement the action and, when possible allocate the City’s designated share of settlement funds to the County of Los Angeles.

Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228

4. Ordinances and Public Hearings
A. Adoption of Ordinance No. 504 - Los Angeles County Fire Code Recommended Action: 1) Conduct the Public Hearing; and 2) Conduct the second reading, unless waived, and adopt Ordinance No. 504, adopting by reference Title 32 of the Los Angeles County Code, which incorporates the California Fire Code, 2022 Edition, as amended; adopting local amendments to said code; ratifying the Consolidated Fire Protection District of Los Angeles County’s Building Standards contained in Title 32, as amended; and finding the action exempt from the California Environmental Quality Act.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

5. Old Business
None.

6. New Business
A. Homelessness Task Force Recommendations Regarding Public Safety and Public Outreach Recommended Action: 1) Review a report from the Homelessness Task Force that includes recommendations for public safety and public outreach; and 2) Provide direction to staff.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313 B. Review of Homelessness Task Force Charter Progress
Recommended Action: 1) Review the Homelessness Task Force Charter progress on completing the Charter assignments; 2) Review options to address issues the Task Force is having to meet quorum; and 3) Identify next steps.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313

AMENDED City Council Regular Meeting Agenda Page - 5 - April 10, 2023 C. Malibu Farmers Market Fee Waiver
Recommended Action: Consider whether to approve the request from the Cornucopia Foundation to waive the facility use and permit fees for Malibu Farmers Market parking at the Ioki Property.

Staff Contact: Acting Community Services Director Riesgo, 456-2489, ext. 350 D. Initiate Amendments to MMC and LCP to Address Home Sharing Recommended Action: 1) Receive a report from staff; and 2) Adopt Resolution No. 23-16 initiating an amendment to the Malibu Municipal Code and initiating an amendment to the Local Coastal Program Local Implementation Plan to address timeshare use in the City and finding the action exempt from the California Environmental Quality Act.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346 E. Assembly Bill (AB) 1500 – Property Taxation: Application of Base Year Value: Disaster Relief:

SUPPORT
Recommended Action: Authorize the Mayor to send a letter of support for AB 1500, which would extend the five-year time period for property tax exemption for homes that were substantially damaged or destroyed by the 2018 Woolsey Fire.

Staff Contact: City Manager McClary, 456-2489, ext. 226

7. Council Items
None.

Adjournment
Future Meetings
Monday, April 24, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Wednesday, April 26, 2023 6:00 p.m. Special City Council Meeting City Hall Council Chambers Monday, May 8, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings
The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Each speaker is limited to three (3) minutes.

Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. Speakers are taken in the order slips are submitted or hands are raised.

Items in Consent Calendar Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which a decision was made. These items are not subject to public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings AMENDED City Council Regular Meeting Agenda Page - 6 - April 10, 2023 are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed.

Items in Consent Calendar Section B have not been discussed previously by the Council. If discussion is desired, an item may be removed from the Consent Calendar for individual consideration. Councilmembers may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the entire Consent Calendar. Items excluded from the Consent Calendar will be taken up by the Council following the action on the Consent Calendar. The Council first will take up the items for which public speaker requests have been submitted.

Public speakers shall follow the rules as set forth under Oral Communication For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time. All other testimony shall follow the rules as set forth under Oral Communication.

Old Business items have appeared on previous agendas but have either been continued or tabled to this meeting with no final action having been taken. Public comment shall follow the rules as set forth under Oral Communication.

Items in New Business are items, which are appearing for the first time for formal action. Public comment shall follow the rules as set forth under Oral Communication.

City Council Items are items, which individual members of the City Council may bring up for action, to propose future agenda items or to suggest future staff assignments.

No new items will be taken-up after 10:30 p.m. without a two-thirds vote of the City Council.

City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.

The City Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].

Requests to show an audio or video presentation during a Council meeting should be directed to Alex Montano at (310) 456-2489, ext. 227 or [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 7th day of April 2023 at 3:00 p.m.

Kelsey Pettijohn, City Clerk
WARRANT REGISTER NO. 722
On April 10, 2023, the Malibu City Council allowed and approved warrant demand numbers 68589-68726 from the General Fund. The City Manager is hereby directed to pay out the funds named hereon to each of the claimants listed, the amount appearing opposite their name for the purpose stated on the respective demands, making a total of $2,335,026.96. City of Malibu payroll check number 5327-5332 and ACH deposits were issued in the amount of $247,095.15.

PASSED, APPROVED and ADOPTED this 10th day of April 2023. ____________________________________________
Bruce Silverstein
Mayor
ATTEST:
____________________________________________
Kelsey Pettijohn
City Clerk

CERTIFICATE
In accordance with Government Code Sections 37202 and Malibu Municipal Code 3.08.050, I hereby certify that: (1) the claims or demands set forth in the warrant register(s) listed below and attached hereto and incorporated herein by this reference in the aggregate amount of $2,582,122.11 have been audited as to their accuracy; and (2) sufficient funds have been appropriated by the City Council and are available for the payment thereof.

EXECUTED this 30th day of March 2023, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
04-10-23
Item

3.B.2.

DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Accounts Payable
User:

Printed:
sflores
3/29/2023 8:46 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
68589 ACCURATE F.L.C., Inc 03/16/2023 1,450.00
68590 AMERGUAR American Guard Services, Inc 03/16/2023 10,307.27 68591 ANAWALT Anawalt Lumber Co., Inc 03/16/2023 255.19 68592 APPLE AppleOne 03/16/2023 3,316.06
68593 ARTTREK ART Trek, Inc 03/16/2023 175.00
68594 BAERV Vivian Baer 03/16/2023 70.00
68595 BEARCON Bear Contractors, Inc. 03/16/2023 1,716.50 68596 BURNS Burns Pacific Construction Inc 03/16/2023 68,938.24 68597 CIVICSO Civic Solutions, Inc 03/16/2023 28,200.00 68598 CJBIOMON Courtney Jean McCammon 03/16/2023 14,165.00 68599 COASTALW Joseph D Smith 03/16/2023 17,086.00
68600 COOKALI Allison Cook 03/16/2023 10,912.50
68601 COOPERM Marsha Cooper 03/16/2023 550.00
68602 CRALLC Craft Bar DIY LLC 03/16/2023 350.00
68603 CRASSOC Chen Ryan Associates, Inc. 03/16/2023 2,090.21 68604 CRPRINT CR PRINT 03/16/2023 1,580.36
68605 DANESHJ Jackline Yafai Daneshrad 03/16/2023 200.00 68606 ENHANCED Landscape Development, Inc. 03/16/2023 43,226.00 68607 FERCANOL Laura DeMieri Fercano 03/16/2023 340.00
68608 FRONTIER Frontier California Inc 03/16/2023 643.54 68609 GIFTLIV Hudson Baxter Gifted Lives LLC 03/16/2023 1,028.00 68610 GIINDUS G.I. Industries 03/16/2023 3,797.89
68611 HOMEPRO HD Supply Facilties Maintenance, Ltd 03/16/2023 138.61 68612 iRIS Lorrie Feinberg 03/16/2023 4,615.00
68613 KAPLLA Llana Kaplan 03/16/2023 250.00
68614 KIMLEY Kimley-Horn and Associates Inc 03/16/2023 33,921.85 68615 KRISPEN Kris Penner 03/16/2023 35.00
68616 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/16/2023 75.00 68617 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/16/2023 75.00 68618 LEVC Cheryl Lev 03/16/2023 1,340.50
68619 LKJPPRO Lisa A. Burns 03/16/2023 1,750.00
68620 MAINSTRE Athaco Inc. 03/16/2023 180.02
68621 MALAQUA Malibu Aquatics Foundation 03/16/2023 5,374.00 68622 MATTLAS Matt Lasky 03/16/2023 98.00
68623 MERRICKJ Judy M. Merrick 03/16/2023 140.00
68624 MOSSER Mosser Plumbing & Heating Inc 03/16/2023 322.50 68625 RINCONC Rincon Consultants, Inc 03/16/2023 18,124.00 68626 ROSENSHE Sheila Jean Rudich Rosenthal 03/16/2023 210.00 68627 RPBARRI R P Barricade, Inc. 03/16/2023 869.05
68628 SAHGHAZ Ghazal Saheli 03/16/2023 130.00
68629 SALEBRI Brittany Saleaumua 03/16/2023 260.00
68630 SEGCHE Chelsea Segal 03/16/2023 50.00
68631 SLOLIS Lise Sloan-Veenstra 03/16/2023 590.00
68632 SMASH Smash Athletics Inc 03/16/2023 1,915.16
68633 STAPLES Staples Contract & Commercial LLC 03/16/2023 259.18 68634 TOTALGRA Brian Shore 03/16/2023 59.13
68635 TRIYOGA TriYoga International 03/16/2023 245.00
AP Checks by Date - Summary by Check Number (3/29/2023 8:46 AM) Page 1 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Check No Vendor No Vendor Name Check Date Check Amount
68636 ULTMAINT Ultimate Maintenance Services Inc 03/16/2023 2,845.00 68637 VERIZONW Verizon Wireless Services LLC 03/16/2023 3,246.00 68638 YARKAT Kathryn Yarnell 03/16/2023 35.00
68639 GYPSY Joseph Abbate 03/22/2023 350.00
68640 ACCURATE F.L.C., Inc 03/27/2023 195.00
68641 AMERGUAR American Guard Services, Inc 03/27/2023 5,061.06 68642 AMERTRAN American Transportation Systems 03/27/2023 10,180.40 68643 APPLE AppleOne 03/27/2023 12,419.20
68644 BADMET Badger Meter, Inc. 03/27/2023 39.16
68645 BBK Best Best & Krieger LLP 03/27/2023 56,719.33
68646 BEARCON Bear Contractors, Inc. 03/27/2023 3,200.00 68647 BLAPAUL Paul M. Blair 03/27/2023 1,050.00
68648 BURNS Burns Pacific Construction Inc 03/27/2023 260,977.52 68649 CALISKAT California Skateparks 03/27/2023 20,775.00 68650 CAPFIRE Capital Fire Protection 03/27/2023 659.11 68651 COMMRE Communications Relay, LLC 03/27/2023 450.00 68652 COTTON Cotton,Shires & Associates,Inc 03/27/2023 769.50 68653 CRPRINT CR PRINT 03/27/2023 993.51
68654 CSGCON CSG Consultants, Inc. 03/27/2023 15,771.25 68655 DAMORES Pizza Brothers 03/27/2023 600.00
68656 DATATEL DataTel Network Cabling, Inc. 03/27/2023 13,977.32 68657 DIRECT DirecTV, Inc. 03/27/2023 95.99
68658 DRUMC Colin Drummond 03/27/2023 147.50
68659 ENHANCED Landscape Development, Inc. 03/27/2023 9,134.00 68660 FASTDEER Fast Deer Bus Charter Inc. 03/27/2023 1,782.50 68661 FOXWEATH Fox Weather, LLC 03/27/2023 700.00
68662 FRONTIER Frontier California Inc 03/27/2023 3,664.60 68663 GIINDUS G.I. Industries 03/27/2023 209.44
68664 GOVCONN GovConnection Inc 03/27/2023 3,808.94
68665 GRNLARRY Larry Green 03/27/2023 70.00
68666 GRWESTER Great Western Recreation, LLC 03/27/2023 119,994.20 68667 IPC INC Integrated Performance Consultants Inc 03/27/2023 114,533.93 68668 JLEEENG JLee Engineering, Inc. 03/27/2023 12,920.00 68669 JOBSAVA Jobs Available Inc 03/27/2023 1,300.00
68670 JONESULA Ula Jones 03/27/2023 70.00
68671 JONSHER Sheri Johnson 03/27/2023 70.00
68672 KASRAIE Hassan Kasraie 03/27/2023 10,190.00
68673 KESSLERJ Jennifer Kessler 03/27/2023 290.00
68674 LACOANI LA Co Animal Care & Control 03/27/2023 4,415.92 68675 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/27/2023 75.00 68676 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/27/2023 75.00 68677 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/27/2023 75.00 68678 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/27/2023 75.00 68679 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/27/2023 75.00 68680 LACOSHE LA Co Sheriff's Department 03/27/2023 800,190.93 68681 LACOWAT LA Co MalibuTreasurer-Waterworks 03/27/2023 1,858.47 68682 LANCALI Alison Lancaster 03/27/2023 345.00
68683 MALICOM Malibu Comm Labor Exchange 03/27/2023 667.00 68684 MANYJ Jana Manyakova 03/27/2023 147.50
68685 MASTERCO Master Cooling Corporation 03/27/2023 272.85 68686 MCKKAT Kathryn McKann 03/27/2023 290.00
68687 MDENGINE Hank Co Inc. 03/27/2023 74,887.75
68688 MERCADO Yaneva Mercado 03/27/2023 1,394.00
68689 MLAGREEN MLA Green, Inc. 03/27/2023 567.30
68690 MOSSER Mosser Plumbing & Heating Inc 03/27/2023 395.00 68691 NAICKERV Vasudevan Naicker 03/27/2023 105.00
68692 NEXTEL Nextel / Sprint Communication 03/27/2023 71.44 AP Checks by Date - Summary by Check Number (3/29/2023 8:46 AM) Page 2 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Check No Vendor No Vendor Name Check Date Check Amount
68693 NEXTIVA Nextiva, Inc. 03/27/2023 3,841.18
68694 OCONNPAT Patrick O'Connell 03/27/2023 350.00
68695 PARKERB Joyce Parker-Bozylinski 03/27/2023 8,250.00 68696 RAFDAV Davida Raffa 03/27/2023 1,136.05
68697 REMOTESA Remote Satellite Systems Int'l 03/27/2023 255.80 68698 RENNERP Patrick Renner 03/27/2023 140.00
68699 RINCONC Rincon Consultants, Inc 03/27/2023 18,506.00 68700 RPBARRI R P Barricade, Inc. 03/27/2023 40.95
68701 RYLAND STLR Corporation 03/27/2023 1,218.75
68702 SICHTAJ Joe Sichta 03/27/2023 70.00
68703 SMYTHAMY Amy Smyth 03/27/2023 165.00
68704 STAPLES Staples Contract & Commercial LLC 03/27/2023 499.30 68705 TOTALGRA Brian Shore 03/27/2023 344.93
68706 TRENCH Tom Malloy Corporation 03/27/2023 1,848.00 68707 UNDERGR Underground Service Alert/SC 03/27/2023 118.18 68708 USBANK4 US Bank N.A. 03/27/2023 314,305.43
68709 VALPARK Valet Parking Pros, LLC 03/27/2023 4,511.00 68710 VANWEN Wendy Van Wessel 03/27/2023 49.68
68711 VENTTRA Ventura Transit System, Inc. 03/27/2023 3,600.00 68712 VERIZON Verizon Business 03/27/2023 0.39
68713 WALSA Andy Walshe 03/27/2023 70.00
68714 WEINRIC Richenza Weinert 03/27/2023 240.00
68715 WESTBASI West Basin Municipal Wtr Dist 03/27/2023 36,028.19 68716 XEROX Xerox Corporation 03/27/2023 161.34
68717 YEHASSOC Yeh and Associates, Inc. 03/27/2023 54,380.67 68718 BlueShie Blue Shield of California 03/28/2023 1,345.18 68719 CASTDIS California State Disbursement Unit 03/28/2023 339.69 68720 DELTADE Delta Dental of California 03/28/2023 7,834.10 68721 ICMA457 ICMA-MissionSquare Retirement - 303615 03/28/2023 15,826.81 68722 ICMACM ICMA-MissionSquare Retirement - 108658 03/28/2023 542.31 68723 ICMADH ICMA-MissionSquare Retirement - 108650 03/28/2023 750.00 68724 MANAGED Managed Health Network 03/28/2023 175.56
68725 STANDARD Standard Insurance Company N2 03/28/2023 275.08 68726 USBANK2 U.S. Bank 03/28/2023 1,105.01
Report Total (138 checks): 2,335,026.96
AP Checks by Date - Summary by Check Number (3/29/2023 8:46 AM) Page 3 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C User:

Printed: 03/29/2023 - 8:49AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00068589 To: 00068726
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-2021-00 COBRA Payable Blue Shield of California PR 16.03.2023 Vision Care-Cobra-McGillivray-Jan-Mar'23 68718 -28.35 100-0000-2021-00 COBRA Payable Blue Shield of California PR 16.03.2023 Vision Care-Cobra-Shavelson-Feb-Mar'23 68718 -55.66 100-0000-2021-00 COBRA Payable Blue Shield of California PR 16.03.2023 Vision Care-Cobra-Kaplan-Feb/Mar'23 68718 -18.90 Vendor Subtotal for Section 2:0000 -102.91
Section 2:0000
100-0000-2021-00 COBRA Payable Delta Dental of California PR 16.03.2023 Dental Insurance-Cobra-Kaplan-Feb/Mar'23 68720 -100.12 100-0000-2021-00 COBRA Payable Delta Dental of California PR 16.03.2023 Dental Insurance-Cobra-Shavelson-Feb/Mar'23 68720 -315.50 100-0000-2021-00 COBRA Payable Delta Dental of California PR 16.03.2023 Dental Insurance-Cobra-Sabay-Apr'23 68720 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 16.03.2023 Dental Insurance-Cobra-Feldman-Apr'23 6870 50.06 Vendor Subtotal for Section 2:0000 -315.50
Section 2:0000
100-0000-2222-01 Unearned Revenue-IRWMP West Basin Municipal Wtr Dist Comprehensive Water Conservation Project (Prop 84) 68715 36,028.19 Vendor Subtotal for Section 2:0000 36,028.19
Section 2:0000
100-0000-3250-00 Parking Citations Matt Lasky Refund- Parking Citation Penalties 68622 98.00 Vendor Subtotal for Section 2:0000 98.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Colin Drummond Refund- Seawolves Gold Group Program Cancelled 68658 147.50 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 1 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 147.50
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Larry Green Refund- Adult Masters Swim & Conditioning / Class Cancelations 68665 70.00 Vendor Subtotal for Section 2:0000 70.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Ula Jones Refund- Adult Masters Swim & Conditioning / Class Cancelations 68670 70.00 Vendor Subtotal for Section 2:0000 70.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Sheri Johnson Refund- Adult Masters Swim & Conditioning / Class Cancelations 68671 70.00 Vendor Subtotal for Section 2:0000 70.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Jana Manyakova Refund- Seawolves Gold Group Program Cancelled 68684 147.50 Vendor Subtotal for Section 2:0000 147.50
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Patrick Renner Refund-Adult Masters Swim & Conditioning /Class Cancelations(2) 68698 140.00 Vendor Subtotal for Section 2:0000 140.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Joe Sichta Refund- Adult Masters Swim & Conditioning / Class Cancelations 68702 70.00 Vendor Subtotal for Section 2:0000 70.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Lise Sloan-Veenstra Refund - Malibu Swim Team Spring Session 68631 590.00 Vendor Subtotal for Section 2:0000 590.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Andy Walshe Refund- Adult Masters Swim & Conditioning / Class Cancelations 68713 70.00 Vendor Subtotal for Section 2:0000 70.00
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 2 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Richenza Weinert Refund- Lifeguard Certification Course 68714 240.00 Vendor Subtotal for Section 2:0000 240.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Jennifer Kessler Refund- Aspects Surf Academy 68673 290.00 Vendor Subtotal for Section 2:0000 290.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Kathryn McKann Refund- Aspects Surf Academy 68686 290.00 Vendor Subtotal for Section 2:0000 290.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Vivian Baer Refund- (2) Whale Watching Excursion Date Changed Due to Weather 68594 70.00 Vendor Subtotal for Section 2:0000 70.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Kris Penner Refund- Whale Watching Excursion Date Changed Due to Weather 68615 35.00 Vendor Subtotal for Section 2:0000 35.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Kathryn Yarnell Refund- Whale Watching Excursion Date Changed Due to Weather 68638 35.00 Vendor Subtotal for Section 2:0000 35.00
Section 2:0000
100-0000-3470-00 Community Classes Ghazal Saheli Refund- Registered for Wrong Class 68628 130.00 Vendor Subtotal for Section 2:0000 130.00
Section 2:0000
100-0000-3470-00 Community Classes Amy Smyth Refund- Sunday Soccer Ages 5-7 68703 165.00 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 3 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 165.00
Section 2:3001
100-3001-5100-00 Professional Services Fox Weather, LLC Weather Forecasting Services Mar'23 68661 700.00 Vendor Subtotal for Section 2:3001 700.00
Section 2:3001
100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Yard Rental - Feb'23 68596 7,500.00 100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Routine Maintenance - Feb'23 68596 60,505.70 Vendor Subtotal for Section 2:3001 68,005.70
Section 2:3001
100-3001-5123-00 Storm Response Burns Pacific Construction Inc Task 4-Storm Response Feb'23 68648 46,565.34 100-3001-5123-00 Storm Response Burns Pacific Construction Inc Reissue Chk #68429 - Task 4-Storm Response - Jan'23 68648 207,413.62 Vendor Subtotal for Section 2:3001 253,978.96
Section 2:3001
100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Mar'23 - Bluffs, Equestrian, Bus Stop, Cross Creek 68610 3,156.81 Vendor Subtotal for Section 2:3001 3,156.81
Section 2:3001
100-3001-6160-00 Operating Supplies Anawalt Lumber Co., Inc Supplies - Quikrete Concrete 68591 32.80 Vendor Subtotal for Section 2:3001 32.80
Section 2:3001
100-3001-6160-00 Operating Supplies Burns Pacific Construction Inc Supplies - Feb'23 68596 932.54 Vendor Subtotal for Section 2:3001 932.54
Section 2:3001
100-3001-6160-00 Operating Supplies R P Barricade, Inc. Supplies - Cones 68627 869.05 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 4 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3001 869.05
Section 2:3001
100-3001-6160-00 Operating Supplies Smash Athletics Inc PW - Clothing/Gear 68632 630.14 Vendor Subtotal for Section 2:3001 630.14
Section 2:3001
100-3001-6160-00 Operating Supplies Underground Service Alert/SC Dig Alerts - Feb'23 68707 74.75 100-3001-6160-00 Operating Supplies Underground Service Alert/SC Monthly Fee - Feb'23 68707 43.43 Vendor Subtotal for Section 2:3001 118.18
Section 2:3001
100-3001-7800-00 Other Equipment Great Western Recreation, LLC Trash Can Replacement 68666 110,869.20 Vendor Subtotal for Section 2:3001 110,869.20
Section 2:3007
100-3007-5610-00 Fac Maintenance-Civic Center Integrated Performance Consultants Inc Operations/Maint-CCSTF Feb'23 68667 3,913.00 Vendor Subtotal for Section 2:3007 3,913.00
Section 2:3007
100-3007-5610-01 Fac Maintenance-Paradise Cove Integrated Performance Consultants Inc Operations/Maint-PCSTF- Feb'23 68667 3,913.00 Vendor Subtotal for Section 2:3007 3,913.00
Section 2:3007
100-3007-5655-00 Stormwater Monitoring Integrated Performance Consultants Inc Monitoring Feb'23 68667 100.00 Vendor Subtotal for Section 2:3007 100.00
Section 2:3007
100-3007-5721-00 Telephone Frontier California Inc Phone - Civic Center STF - Mar’23 68662 155.87 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 5 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3007 155.87
Section 2:3007
100-3007-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - CCSTF 1/4/23 - 3/8/23 Acct#29152991 68681 458.36 Vendor Subtotal for Section 2:3007 458.36
Section 2:3008
100-3008-4203-00 Vision Insurance Blue Shield of California PR 16.03.2023 Vision Care-Sabay-Apr'23 68718 9.45 100-3008-4203-00 Vision Insurance Blue Shield of California PR 16.03.2023 Vision Care-Senehi-Apr'23 68718 27.83 Vendor Subtotal for Section 2:3008 37.28
Section 2:3008
100-3008-4204-00 Dental Insurance Delta Dental of California PR 16.03.2023 Dental Insurance-Senehi-Apr'23 68720 157.75 Vendor Subtotal for Section 2:3008 157.75
Section 2:3008
100-3008-4213-00 Empast Health Managed Health Network PR 16.03.2023 Employee Assistance-Senehi 68724 2.09 Vendor Subtotal for Section 2:3008 2.09
Section 2:3008
100-3008-5100-00 Professional Services American Guard Services, Inc Crossing Guard Program Dec'22 68641 1,959.12 100-3008-5100-00 Professional Services American Guard Services, Inc Crossing Guard Program Feb'23 68641 3,101.94 Vendor Subtotal for Section 2:3008 5,061.06
Section 2:3008
100-3008-5100-00 Professional Services Hassan Kasraie Task No. 8 23465 La Paz - On Call Engineer Services 68672 3,365.00 100-3008-5100-00 Professional Services Hassan Kasraie Task No. 7 Clover Heights - On Call Engineer Services 68672 6,825.00 Vendor Subtotal for Section 2:3008 10,190.00
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 6 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Section 2:3008
100-3008-6160-00 Operating Supplies CR PRINT Flood Map Postcard 68653 801.70 Vendor Subtotal for Section 2:3008 801.70
Section 2:4001
100-4001-5721-00 Telephone Frontier California Inc Bluffs Park - Phone/Internet March'23 68608 560.32 100-4001-5721-00 Telephone Frontier California Inc Phone - Charmlee Park March'23 68608 83.22 100-4001-5721-00 Telephone Frontier California Inc Phone - MHS Pool - Mar’23 68662 279.86 Vendor Subtotal for Section 2:4001 923.40
Section 2:4001
100-4001-5721-00 Telephone Verizon Wireless Services LLC Cell Phone Service - 1/24 - 2/23/2023 68637 79.68 Vendor Subtotal for Section 2:4001 79.68
Section 2:4001
100-4001-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Community Services 68633 120.75 Vendor Subtotal for Section 2:4001 120.75
Section 2:4001
100-4001-6160-00 Operating Supplies Brian Shore Signs - Bluffs Park - No Construction Parking 68634 59.13 Vendor Subtotal for Section 2:4001 59.13
Section 2:4002
100-4002-5107-00 Contract Personnel Malibu Aquatics Foundation Swim Team and Masters Swim Program 2/8/23 - 3/12/23 68621 5,374.00 Vendor Subtotal for Section 2:4002 5,374.00
Section 2:4007
100-4007-5107-00 Contract Personnel Craft Bar DIY LLC Creative Workshop: Clock Embellishment 3/7/23 68602 350.00 Vendor Subtotal for Section 2:4007 350.00
Section 2:4007
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 7 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount 100-4007-5107-00 Contract Personnel Cheryl Lev Music Together Classes 1/11/23 - 3/1/23 68618 1,340.50 Vendor Subtotal for Section 2:4007 1,340.50
Section 2:4007
100-4007-5107-00 Contract Personnel Patrick O'Connell Park Tales - 3/16/23 Cut Outs for Gold Hunt 68694 350.00 Vendor Subtotal for Section 2:4007 350.00
Section 2:4008
100-4008-5107-00 Contract Personnel ART Trek, Inc Instructor Payment - Art Trek Workshop Feb'23 68593 175.00 Vendor Subtotal for Section 2:4008 175.00
Section 2:4008
100-4008-5107-00 Contract Personnel Marsha Cooper Instructor - Stretch and Strength Class Feb’23 68601 550.00 Vendor Subtotal for Section 2:4008 550.00
Section 2:4008
100-4008-5107-00 Contract Personnel Jackline Yafai Daneshrad Instructor Payment - Cardio Salsa and Stretch Feb'23 68605 200.00 Vendor Subtotal for Section 2:4008 200.00
Section 2:4008
100-4008-5107-00 Contract Personnel Laura DeMieri Fercano Instructor - Choir Feb’23 68607 340.00 Vendor Subtotal for Section 2:4008 340.00
Section 2:4008
100-4008-5107-00 Contract Personnel Joseph Abbate Senior Luncheon Entertainment 3/23/23 68639 350.00 Vendor Subtotal for Section 2:4008 350.00
Section 2:4008
100-4008-5107-00 Contract Personnel Judy M. Merrick Instructor Payment - Relax Through Coloring Feb'23 68623 140.00 Vendor Subtotal for Section 2:4008 140.00
Section 2:4008
100-4008-5107-00 Contract Personnel Sheila Jean Rudich Rosenthal Instructor Payment - Knitting Classes Feb'23 68626 210.00 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 8 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4008 210.00
Section 2:4008
100-4008-5107-00 Contract Personnel TriYoga International Instructor - Chair and Mat Yoga Feb’23 68635 245.00 Vendor Subtotal for Section 2:4008 245.00
Section 2:4008
100-4008-6160-00 Operating Supplies Brittany Saleaumua Reimb- Senior Center Luncheon Dry Cleaning Table Cloths 1/26/23 68629 260.00 Vendor Subtotal for Section 2:4008 260.00
Section 2:4010
100-4010-5100-00 Professional Services American Guard Services, Inc Security Services to Close Parks - Jan'23 68590 5,287.71 100-4010-5100-00 Professional Services American Guard Services, Inc Security Services to Close Parks - Feb'23 68590 4,122.91 100-4010-5100-00 Professional Services American Guard Services, Inc Security Services to Close Parks - Jan'23 68590 896.65 Vendor Subtotal for Section 2:4010 10,307.27
Section 2:4010
100-4010-5100-00 Professional Services Landscape Development, Inc. City Parks and City Hall/Median Landscape Maintenance Feb'23 68606 27,136.10 Vendor Subtotal for Section 2:4010 27,136.10
Section 2:4010
100-4010-5100-00 Professional Services Ultimate Maintenance Services Inc Parks Janitorial Service - Feb’23 68636 2,845.00 Vendor Subtotal for Section 2:4010 2,845.00
Section 2:4010
100-4010-5130-00 Parks Maintenance F.L.C., Inc Trancas Park - Backflow Testing 68640 125.00 Vendor Subtotal for Section 2:4010 125.00
Section 2:4010
100-4010-5130-00 Parks Maintenance Landscape Development, Inc. John Tyler Dr - Irrigation Repairs Feb'23 68659 1,563.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Trancas Park - Irrigation Work 68659 91.50 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Las Flores Park - Irrigation Repairs 12/1/23 68659 714.45 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 9 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Bluffs Park - Irrigation Repairs 12/9/23 - 12/16/23 68659 1,266.45 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Las Flores Park - Irrigation Repairs 2/2/23 68659 724.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Bluffs Park - Irrigation Repairs 2/21/23 68659 109.50 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Porter Hours for City Holidays 12/26/22 and 1/2/23 68659 1,760.00 Vendor Subtotal for Section 2:4010 6,228.90
Section 2:4010
100-4010-5130-00 Parks Maintenance Athaco Inc. Bluffs Park - Ocean Friendly Garden Sign 68620 180.02 Vendor Subtotal for Section 2:4010 180.02
Section 2:4010
100-4010-5610-00 Facility Maintenance Capital Fire Protection Fire Extinguisher Inspections 68650 659.11 Vendor Subtotal for Section 2:4010 659.11
Section 2:4010
100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Las Flores - Monthly Septic Maintenance Feb’23 68690 120.00 100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Trancas - Monthly Septic Maintenance Feb’23 68690 275.00 Vendor Subtotal for Section 2:4010 395.00
Section 2:4010
100-4010-5721-00 Telephone Frontier California Inc Phone - 23641 PCH (median) - Mar’23 68662 57.89 100-4010-5721-00 Telephone Frontier California Inc Phone - Las Flores, Bluffs, Trancas - Mar’23 68662 510.27 Vendor Subtotal for Section 2:4010 568.16
Section 2:4010
100-4010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Charmlee Park Mar’23 68610 237.81 Vendor Subtotal for Section 2:4010 237.81
Section 2:4010
100-4010-6160-00 Operating Supplies R P Barricade, Inc. Hardware for Signs - Delineator Adhesive 68700 40.95 Vendor Subtotal for Section 2:4010 40.95
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 10 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Section 2:4011
100-4011-5107-00 Contract Personnel Paul M. Blair Chumash Day - Coffee (300) 68647 1,050.00 Vendor Subtotal for Section 2:4011 1,050.00
Section 2:4011
100-4011-5107-00 Contract Personnel Pizza Brothers Chumash Day - Meals (40) 68655 600.00 Vendor Subtotal for Section 2:4011 600.00
Section 2:4011
100-4011-5107-00 Contract Personnel Yaneva Mercado Chumash Day - Meals (143) 68688 1,394.00 Vendor Subtotal for Section 2:4011 1,394.00
Section 2:4011
100-4011-5401-00 Advertising & Noticing Brian Shore Banners - Student Art Exhibit 68705 186.15 Vendor Subtotal for Section 2:4011 186.15
Section 2:4011
100-4011-6160-00 Operating Supplies Brian Shore Stickers - Student Art Exhibit 68705 60.23 100-4011-6160-00 Operating Supplies Brian Shore Adhesive Letters - Student Art Exhibit 68705 98.55 Vendor Subtotal for Section 2:4011 158.78
Section 2:4012
100-4012-5107-00 Contract Personnel Davida Raffa 2023 Arts in Education Workshops Feb/Mar 68696 600.00 Vendor Subtotal for Section 2:4012 600.00
Section 2:4012
100-4012-6160-00 Operating Supplies Davida Raffa Reimbursement - Art Materials 68696 536.05 Vendor Subtotal for Section 2:4012 536.05
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 11 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Section 2:7001
100-7001-5100-00 Professional Services STLR Corporation School District Separation 68701 1,218.75 Vendor Subtotal for Section 2:7001 1,218.75
Section 2:7003
100-7003-4203-00 Vision Insurance Blue Shield of California PR 16.03.2023 Vision Care-Shavelson-Jan'23 68718 -27.83 Vendor Subtotal for Section 2:7003 -27.83
Section 2:7003
100-7003-4204-00 Dental Insurance Delta Dental of California PR 16.03.2023 Dental Insurance-Shavelson-Jan'23 68720 -157.75 Vendor Subtotal for Section 2:7003 -157.75
Section 2:7005
100-7005-5101-00 General Legal Counsel Best Best & Krieger LLP General Legal Svcs - Feb'23 68645 27,256.00 Vendor Subtotal for Section 2:7005 27,256.00
Section 2:7005
100-7005-5101-01 School District Separation Best Best & Krieger LLP School District Separation - Feb'23 68645 4,391.40 Vendor Subtotal for Section 2:7005 4,391.40
Section 2:7005
100-7005-5102-00 Litigation Best Best & Krieger LLP Litigation Svcs - Feb'23 68645 25,071.93 Vendor Subtotal for Section 2:7005 25,071.93
Section 2:7007
100-7007-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - City Clerk 68704 425.08 Vendor Subtotal for Section 2:7007 425.08
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 12 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Section 2:7021
100-7021-5106-00 Animal Control LA Co Animal Care & Control Animal Control Feb'23 68674 4,415.92 Vendor Subtotal for Section 2:7021 4,415.92
Section 2:7021
100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Law Enforcement Services Feb'23 68680 789,664.10 100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Law Enforcement Services - Illegal Car Show 2/5/23 - 2/28/23 68680 7,249.84 Vendor Subtotal for Section 2:7021 796,913.94
Section 2:7021
100-7021-5116-00 Law Enforcement Services LA Co Sheriff's Department Law Enforcement Services - Beach Team 10/24/22 68680 3,276.99 Vendor Subtotal for Section 2:7021 3,276.99
Section 2:7021
100-7021-5721-00 Telephone Frontier California Inc Phone - Disaster Hotline, Tier, E911 - Mar’23 68662 321.69 Vendor Subtotal for Section 2:7021 321.69
Section 2:7021
100-7021-5721-00 Telephone Nextel / Sprint Communication Cell Phone - 2/13/23 - 3/12/23 68692 136.74 Vendor Subtotal for Section 2:7021 136.74
Section 2:7021
100-7021-5721-00 Telephone Remote Satellite Systems Int'l Satellite Phones - Apr’23 68697 255.80 Vendor Subtotal for Section 2:7021 255.80
Section 2:7021
100-7021-5721-00 Telephone Verizon Wireless Services LLC Cell Phone Service - 1/24 - 2/23/2023 68637 155.00 Vendor Subtotal for Section 2:7021 155.00
Section 2:7021
100-7021-6160-00 Operating Supplies Anawalt Lumber Co., Inc Materials for Fire Safety Brush Clearance Signs 68591 222.39 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 13 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7021 222.39
Section 2:7021
100-7021-6160-00 Operating Supplies Communications Relay, LLC Quarterly Space Rental Repeater 68651 450.00 Vendor Subtotal for Section 2:7021 450.00
Section 2:7021
100-7021-6160-00 Operating Supplies DirecTV, Inc. Direct TV - EOC Mar’23 68657 95.99 Vendor Subtotal for Section 2:7021 95.99
Section 2:7021
100-7021-6160-00 Operating Supplies Wendy Van Wessel Reimbursement: Refreshments/Coffee for CERT Team Meeting 3/11/23 68710 49.68 Vendor Subtotal for Section 2:7021 49.68
Section 2:7054
100-7054-4203-00 Vision Insurance Blue Shield of California PR 16.03.2023 Vision Care-Tucker-Apr'23 68718 9.45 Vendor Subtotal for Section 2:7054 9.45
Section 2:7054
100-7054-4204-00 Dental Insurance Delta Dental of California PR 16.03.2023 Dental Insurance-Tucker-Apr'23 68720 50.06 Vendor Subtotal for Section 2:7054 50.06
Section 2:7054
100-7054-5107-00 Contract Personnel AppleOne Temporary Staff - Accounting Clerk 2/21/23 - 2/23/23 68592 942.96 100-7054-5107-00 Contract Personnel AppleOne Temporary Staff - Accounting Clerk12/27-12/30/22 68592 912.96 100-7054-5107-00 Contract Personnel AppleOne Accounting Clerk Recruitment Fee 68643 9,400.00 100-7054-5107-00 Contract Personnel AppleOne Temporary Staff - Accounting Clerk 2/27/23 - 3/3/23 68643 1,571.60 Vendor Subtotal for Section 2:7054 12,827.52
Section 2:7054
100-7054-5117-00 Film Permit Consultant Frontier California Inc Phone - Film Fax - Mar’23 68662 37.12 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 14 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7054 37.12
Section 2:7054
100-7054-5117-00 Film Permit Consultant Verizon Business Film Fax - Verizon Long Distance (7DK86530) 68712 0.39 Vendor Subtotal for Section 2:7054 0.39
Section 2:7054
100-7054-5405-00 Printing CR PRINT ACFR FY 21/22 68604 1,309.08 Vendor Subtotal for Section 2:7054 1,309.08
Section 2:7058
100-7058-5320-00 Recruitment Expense Jobs Available Inc Recruitment Ad - Associate Civil Engineer and Grants Analyst 68669 1,300.00 Vendor Subtotal for Section 2:7058 1,300.00
Section 2:7059
100-7059-5107-00 Contract Personnel AppleOne Temporary Staff - Receptionist 12/27-12/30/22 68592 881.10 Vendor Subtotal for Section 2:7059 881.10
Section 2:7059
100-7059-5721-00 Telephone Frontier California Inc Phone - City Hall Facility, Postage, Teleconference - Mar’23 68662 475.23 100-7059-5721-00 Telephone Frontier California Inc Phone - Annex Fax Ln - Mar’23 68662 57.89 Vendor Subtotal for Section 2:7059 533.12
Section 2:7059
100-7059-5721-00 Telephone Nextel / Sprint Communication Cell Phone - 2/13/23 - 3/12/23 68692 170.16 100-7059-5721-00 Telephone Nextel / Sprint Communication Cell Phone - 2/13/23 - 3/12/23 68692 -235.46 Vendor Subtotal for Section 2:7059 -65.30
Section 2:7059
100-7059-5721-00 Telephone Nextiva, Inc. City Hall Phone Services 3/18/23 - 4/17/23 68693 3,841.18 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 15 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7059 3,841.18
Section 2:7059
100-7059-5721-00 Telephone Verizon Wireless Services LLC Cell Phone Service - 1/24 - 2/23/2023 68637 3,011.32 Vendor Subtotal for Section 2:7059 3,011.32
Section 2:7059
100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - PDFK17 Jan’23 68716 80.67 100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - PDFK17 Feb'23 68716 80.67 Vendor Subtotal for Section 2:7059 161.34
Section 2:7059
100-7059-6160-00 Operating Supplies CR PRINT Business Cards - City Staff (4) 68604 271.28 Vendor Subtotal for Section 2:7059 271.28
Section 2:7059
100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non Departmental 68633 138.43 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - IT 68704 12.91 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Xerox Phaser 68704 61.31 Vendor Subtotal for Section 2:7059 212.65
Subtotal for Section 1: 100 1,455,589.06
Section 1: 101
Section 2:2001
101-2001-5100-00 Professional Services Civic Solutions, Inc Contract Planning Services - Feb'23 68597 28,200.00 Vendor Subtotal for Section 2:2001 28,200.00
Section 2:2001
101-2001-5100-00 Professional Services Courtney Jean McCammon City Project Contract Biologist - Feb'23 68598 1,325.00 Vendor Subtotal for Section 2:2001 1,325.00
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 16 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Section 2:2001
101-2001-5100-00 Professional Services Joseph D Smith Planning Services - Feb'23 68599 17,086.00 Vendor Subtotal for Section 2:2001 17,086.00
Section 2:2001
101-2001-5100-00 Professional Services Allison Cook City Planning Services - Feb'23 68600 10,912.50 Vendor Subtotal for Section 2:2001 10,912.50
Section 2:2001
101-2001-5100-00 Professional Services Cotton,Shires & Associates,Inc General Consulting Services - Planning Feb'23 68652 769.50 Vendor Subtotal for Section 2:2001 769.50
Section 2:2001
101-2001-5100-00 Professional Services CSG Consultants, Inc. Planning Consultant Services - Feb'23 68654 15,771.25 Vendor Subtotal for Section 2:2001 15,771.25
Section 2:2001
101-2001-5100-00 Professional Services Lorrie Feinberg Database Updates-Planning - Feb'23 68612 2,957.50 Vendor Subtotal for Section 2:2001 2,957.50
Section 2:2001
101-2001-5100-00 Professional Services JLee Engineering, Inc. Contract Planner - Feb'23 68668 12,920.00 Vendor Subtotal for Section 2:2001 12,920.00
Section 2:2001
101-2001-5100-00 Professional Services Alison Lancaster City Arborist - Mar'23 68682 345.00 Vendor Subtotal for Section 2:2001 345.00
Section 2:2001
101-2001-5100-00 Professional Services Joyce Parker-Bozylinski General Planning Consulting Services - Feb'23 68695 8,250.00 Vendor Subtotal for Section 2:2001 8,250.00
Section 2:2001
101-2001-5100-00 Professional Services Rincon Consultants, Inc Planning Consultant Services - Jan'23 68625 18,124.00 101-2001-5100-00 Professional Services Rincon Consultants, Inc Planning Consultant Services - Woolsey Fire - Feb'23 68699 3,368.00 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 17 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount 101-2001-5100-00 Professional Services Rincon Consultants, Inc Planning Consultant Services - Feb'23 68699 13,768.50 101-2001-5100-00 Professional Services Rincon Consultants, Inc Planning Consultant Services - Woolsey Fire - Jan'23 68699 1,369.50 Vendor Subtotal for Section 2:2001 36,630.00
Section 2:2001
101-2001-5100-01 Coastal Dev. Permit Services Courtney Jean McCammon Contract Biologist - Feb'23 68598 10,514.00 Vendor Subtotal for Section 2:2001 10,514.00
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 21604 Paseo Serra St - APR 21-084 68616 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 4300.5 Decker Cyn Rd - APR 22-060 68617 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 29800 Cuthbert Rd - DMW 22-012 68675 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 5730 Busch Dr - DMW 21-019 68676 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 5540 Horizon Dr - DMW 21-026 68677 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 33935 PCH - DMW 21-027 68678 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6254 Seadrift Cv - APR 22-057 68679 75.00 Vendor Subtotal for Section 2:2001 525.00
Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 68653 191.81 Vendor Subtotal for Section 2:2001 191.81
Section 2:2004
101-2004-4203-00 Vision Insurance Blue Shield of California PR 16.03.2023 Vision Care-Schultz-Apr'23 68718 9.45 101-2004-4203-00 Vision Insurance Blue Shield of California PR 16.03.2023 Vision Care-Garlington-Feb/Mar'23 68718 14.86 101-2004-4203-00 Vision Insurance Blue Shield of California PR 16.03.2023 Vision Care-Gallagher-Mar'23 68718 9.45 Vendor Subtotal for Section 2:2004 33.76
Section 2:2004
101-2004-4204-00 Dental Insurance Delta Dental of California PR 16.03.2023 Dental Insurance-Gallagher-Mar'23 68720 50.06 101-2004-4204-00 Dental Insurance Delta Dental of California PR 16.03.2023 Dental Insurance-Schultz-Apr'23 68720 50.06 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 18 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2004 100.12
Section 2:2004
101-2004-4213-00 Empast Health Managed Health Network PR 16.03.2023 Employee Assistance-Schultz 68724 2.09 Vendor Subtotal for Section 2:2004 2.09
Section 2:2004
101-2004-5100-00 Professional Services Lorrie Feinberg Database Updates-Building Safety - Feb'23 68612 845.00 Vendor Subtotal for Section 2:2004 845.00
Section 2:2004
101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 2/23/23 - 2/24/23 68592 579.04 101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 2/27/23 - 3/3/23 68643 1,447.60 Vendor Subtotal for Section 2:2004 2,026.64
Section 2:2004
101-2004-6400-00 Clothing & Emergency Gear Smash Athletics Inc ESD - Clothing/Gear 68632 1,285.02 Vendor Subtotal for Section 2:2004 1,285.02
Section 2:2010
101-2010-5100-00 Professional Services Lorrie Feinberg Database Updates-Water Module - Feb'23 68612 487.50 Vendor Subtotal for Section 2:2010 487.50
Section 2:2012
101-2012-4203-00 Vision Insurance Blue Shield of California PR 16.03.2023 Vision Care-Rodriguez-Feb/Mar'23 68718 55.66 Vendor Subtotal for Section 2:2012 55.66
Section 2:2012
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 19 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount 101-2012-4204-00 Dental Insurance Delta Dental of California PR 16.03.2023 Dental Insurance-Rodriguez-Feb/Mar'23 68720 315.50 Vendor Subtotal for Section 2:2012 315.50
Subtotal for Section 1: 101 151,548.85
Section 1: 102
Section 2:3002
102-3002-5100-00 Professional Services Lorrie Feinberg Database Updates-Woolsey Fire Database Module - Feb'23 68612 325.00 Vendor Subtotal for Section 2:3002 325.00
Section 2:3002
102-3002-5100-01 Coastal Dev Permit Services Courtney Jean McCammon Woolsey Fire Contract Biologist - Feb'23 68598 2,326.00 Vendor Subtotal for Section 2:3002 2,326.00
Section 2:3002
102-3002-5123-00 Storm Response Burns Pacific Construction Inc Task 4: Dec'22 Storm Cleanup 68648 6,998.56 Vendor Subtotal for Section 2:3002 6,998.56
Section 2:3002
102-3002-5123-00 Storm Response Lisa A. Burns December Storm Debris Removal - Feb'23 68619 1,750.00 Vendor Subtotal for Section 2:3002 1,750.00
Section 2:9207
102-9207-5100-00 Latigo Canyon Rdway/Retaining Tom Malloy Corporation Temporary Shoring Plates - Latigo Canyon 2/2/23 - 3/1/23 68706 1,848.00 Vendor Subtotal for Section 2:9207 1,848.00
Section 2:9215
102-9215-5100-00 Malibu Rd Drainage Repairs Hank Co Inc. Malibu Road Drainage Project 11/1/22 - 1/31/23 68687 74,887.75 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 20 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:9215 74,887.75
Subtotal for Section 1: 102 88,135.31
Section 1: 103
Section 2:0000
103-0000-1017-00 2015 B2 Cash with Fiscal Agent US Bank N.A. COP 2015B Refunding (2010C) - Interest Expense City Hall 68708 92,325.00 Vendor Subtotal for Section 2:0000 92,325.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance F.L.C., Inc Backflow Testing and Repairs 68589 1,450.00 Vendor Subtotal for Section 2:9050 1,450.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance Bear Contractors, Inc. Annual Fire Extinguisher Inspection 68595 1,716.50 103-9050-5610-00 Facilities Maintenance Bear Contractors, Inc. Annual Fire Inspection 68646 3,200.00 Vendor Subtotal for Section 2:9050 4,916.50
Section 2:9050
103-9050-5610-00 Facilities Maintenance Master Cooling Corporation HVAC Filter and Refrigerant 68685 272.85 Vendor Subtotal for Section 2:9050 272.85
Section 2:9050
103-9050-5610-00 Facilities Maintenance Mosser Plumbing & Heating Inc City Hall - Sewage Blockage 68624 322.50 Vendor Subtotal for Section 2:9050 322.50
Section 2:9050
103-9050-5721-00 Telephone Frontier California Inc Phone - City Hall Septic, Irrigation, Fire, Elevator - Mar’23 68662 387.86 Vendor Subtotal for Section 2:9050 387.86
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 21 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Section 2:9050
103-9050-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - City Hall 1/4/23 - 3/8/23 Acct#29153093 68681 492.55 103-9050-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - City Hall Fire Line 1/4/23 - 3/8/23 Acct#29153012 68681 449.20 Vendor Subtotal for Section 2:9050 941.75
Section 2:9050
103-9050-6160-00 Operating Supplies HD Supply Facilties Maintenance, Ltd City Hall - Janitorial Supplies 68611 138.61 Vendor Subtotal for Section 2:9050 138.61
Subtotal for Section 1: 103 100,755.07
Section 1: 203
Section 2:3009
203-3009-5148-00 Special Event Rec Transit American Transportation Systems Chumash Day - Shuttle Transportation 4/1/23 - 4/2/23 68642 10,180.40 Vendor Subtotal for Section 2:3009 10,180.40
Section 2:3009
203-3009-5148-00 Special Event Rec Transit Fast Deer Bus Charter Inc. Senior Center Excusion Transportation 3/7/23 68660 1,782.50 Vendor Subtotal for Section 2:3009 1,782.50
Section 2:3009
203-3009-5148-00 Special Event Rec Transit Valet Parking Pros, LLC Chumash Day - Parking Lot Attendants 4/1/23 - 4/2/23 68709 4,511.00 Vendor Subtotal for Section 2:3009 4,511.00
Section 2:3009
203-3009-5148-00 Special Event Rec Transit Ventura Transit System, Inc. Chumash Day Shuttles (4) 4/1/23 - 4/2/23 68711 3,600.00 Vendor Subtotal for Section 2:3009 3,600.00
Subtotal for Section 1: 203 20,073.90
Section 1: 207
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 22 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Section 2:3004
207-3004-5850-00 Recycling supplies Great Western Recreation, LLC Bottle and Can Grant Cycle 21/22 68666 5,000.00 207-3004-5850-00 Recycling supplies Great Western Recreation, LLC Bottle and Can Grant Cycle 20/21 68666 4,125.00 Vendor Subtotal for Section 2:3004 9,125.00
Subtotal for Section 1: 207 9,125.00
Section 1: 215
Section 2:7070
215-7070-5931-01 Labor Exchange Malibu Comm Labor Exchange CDBG Day Labor Exchange - Feb'23 68683 667.00 Vendor Subtotal for Section 2:7070 667.00
Subtotal for Section 1: 215 667.00
Section 1: 290
Section 2:6002
290-6002-5100-00 Professional Services Yeh and Associates, Inc. Big Rock Mesa AD 98-1 Monitoring/Maintenance Jan'23 68717 17,707.53 290-6002-5100-00 Professional Services Yeh and Associates, Inc. Big Rock Mesa AD 98-1 Monitoring/Maintenance Feb'23 68717 23,668.14 Vendor Subtotal for Section 2:6002 41,375.67
Subtotal for Section 1: 290 41,375.67
Section 1: 291
Section 2:6003
291-6003-5100-00 Professional Services Yeh and Associates, Inc. Malibu Rd AD 98-3 Monitoring/Maintenance Jan'23 68717 2,930.00 291-6003-5100-00 Professional Services Yeh and Associates, Inc. Malibu Rd AD 98-3 Monitoring/Maintenance Feb'23 68717 3,227.50 Vendor Subtotal for Section 2:6003 6,157.50
Subtotal for Section 1: 291 6,157.50
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 23 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Section 1: 292
Section 2:6004
292-6004-5100-00 Professional Services Yeh and Associates, Inc. Calle del Barco AD 98-2 Monitoring/Maintenance Jan'23 68717 4,570.00 292-6004-5100-00 Professional Services Yeh and Associates, Inc. Calle del Barco AD 98-2 Monitoring/Maintenance Feb'23 68717 2,277.50 Vendor Subtotal for Section 2:6004 6,847.50
Subtotal for Section 1: 292 6,847.50
Section 1: 310
Section 2:9066
310-9066-5100-00 Professional Services Kimley-Horn and Associates Inc Design for PCH Signal Synch System Jan'23 68614 33,921.85 Vendor Subtotal for Section 2:9066 33,921.85
Section 2:9090
310-9090-5100-00 Permanent Skate Park California Skateparks Permanent Skatepark Design 68649 20,775.00 Vendor Subtotal for Section 2:9090 20,775.00
Section 2:9100
310-9100-5100-00 PCH/Trancas Cnyn Rd Right-turn Chen Ryan Associates, Inc. Engineer/Design Services - PCH Right Turn Lane at Trancas Jan'23 68603 2,090.21 Vendor Subtotal for Section 2:9100 2,090.21
Subtotal for Section 1: 310 56,787.06
Section 1: 500
Section 2:0000
500-0000-1015-00 Cash with Fiscal Agent US Bank N.A. COP 2015A - COH Legacy Park 68708 -1,457.07 500-0000-1015-00 Cash with Fiscal Agent US Bank N.A. COP 2015A - Interest Legacy Park 68708 132,312.50 500-0000-1015-00 Cash with Fiscal Agent US Bank N.A. COP 2015-B Refunding (2006B) - Interest Expense Legacy Park 68708 91,125.00 Vendor Subtotal for Section 2:0000 221,980.43
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 24 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Section 2:7008
500-7008-5100-00 Professional Services Landscape Development, Inc. Legacy Park Landscape Maintenance / Liners Feb'23 68606 16,089.90 Vendor Subtotal for Section 2:7008 16,089.90
Section 2:7008
500-7008-5100-00 Professional Services MLA Green, Inc. Landscape Assessment & Design Services - Jan'23 68689 567.30 Vendor Subtotal for Section 2:7008 567.30
Section 2:7008
500-7008-5130-00 Park Maintenance F.L.C., Inc Legacy Park - Backflow Testing 68640 70.00 Vendor Subtotal for Section 2:7008 70.00
Section 2:7008
500-7008-5130-00 Park Maintenance Landscape Development, Inc. Legacy Park - Tree Work 68659 1,365.00 500-7008-5130-00 Park Maintenance Landscape Development, Inc. Legacy Park - Irrigation Repairs Feb’23 68659 1,390.75 500-7008-5130-00 Park Maintenance Landscape Development, Inc. Legacy Park - Irrigation Work 68659 149.35 Vendor Subtotal for Section 2:7008 2,905.10
Section 2:7008
500-7008-5130-00 Park Maintenance G.I. Industries Garbage - loki Lot Mar’23 68610 212.63 Vendor Subtotal for Section 2:7008 212.63
Section 2:7008
500-7008-5610-00 Facility Maintenance G.I. Industries Garbage - SuperCare Pharmacy Mar’23 68610 190.64 Vendor Subtotal for Section 2:7008 190.64
Subtotal for Section 1: 500 242,016.00
Section 1: 515
Section 2:3010
515-3010-5611-00 WWTF Maintenance Integrated Performance Consultants Inc Operation, Maintenance, Management of CCWTF Feb'23 68667 96,338.25 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 25 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3010 96,338.25
Section 2:3010
515-3010-5640-00 Equipment Maintenance Integrated Performance Consultants Inc Equipment & Maintenance-CCWWTF Feb'23 68667 1,980.81 Vendor Subtotal for Section 2:3010 1,980.81
Section 2:3010
515-3010-5721-00 Telephone Badger Meter, Inc. Meter Monitoring Feb’23 68644 39.16 Vendor Subtotal for Section 2:3010 39.16
Section 2:3010
515-3010-5721-00 Telephone Frontier California Inc Phone - CCWTF 3/8/23 - 4/7/23 68662 368.45 515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 3/4/23 - 4/3/23 68662 175.56 Vendor Subtotal for Section 2:3010 544.01
Section 2:3010
515-3010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - CCWTF 1/4/23 - 3/8/23 Acct#29153030 68681 458.36 Vendor Subtotal for Section 2:3010 458.36
Section 2:3010
515-3010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - CCWTF Mar’23 68663 209.44 Vendor Subtotal for Section 2:3010 209.44
Section 2:3010
515-3010-5725-01 Biosolids Disposal Integrated Performance Consultants Inc Biosolids Disposal-CCWWTF Feb'23 68667 5,040.00 Vendor Subtotal for Section 2:3010 5,040.00
Section 2:3010
515-3010-6160-00 Operating Supplies Integrated Performance Consultants Inc Operating Supplies-CCWWTF Feb'23 68667 471.41 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 26 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3010 471.41
Section 2:3010
515-3010-6161-00 Chemical Supplies Integrated Performance Consultants Inc Chemical Supplies-CCWWTF Feb'23 68667 2,777.46 Vendor Subtotal for Section 2:3010 2,777.46
Subtotal for Section 1: 515 107,858.90
Section 1: 601
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance Vasudevan Naicker Car Wash - City Vehicles 3/16/2023 68691 105.00 Vendor Subtotal for Section 2:3005 105.00
Subtotal for Section 1: 601 105.00
Section 1: 602
Section 2:7060
602-7060-5721-00 Telephone Frontier California Inc City Hall Internet - 3/13/23 - 4/12/23 68662 836.91 Vendor Subtotal for Section 2:7060 836.91
Section 2:7060
602-7060-6120-00 Computer Software < $1,000 GovConnection Inc VMWare License for Host Service in Phoenix (2) 68664 2,776.18 Vendor Subtotal for Section 2:7060 2,776.18
Section 2:7060
602-7060-7400-00 Computer Equipment DataTel Network Cabling, Inc. Cable Additions and Video Cable from Broadcast Room 68656 4,750.90 602-7060-7400-00 Computer Equipment DataTel Network Cabling, Inc. New Fiber Optic Cables- 1st flr to 2nd flr 68656 9,226.42 Vendor Subtotal for Section 2:7060 13,977.32
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 27 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Section 2:7060
602-7060-7400-00 Computer Equipment GovConnection Inc Internal Hard Drive for Host Servers (4) 68664 1,032.76 Vendor Subtotal for Section 2:7060 1,032.76
Subtotal for Section 1: 602 18,623.17
Section 1: 710
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Hudson Baxter Gifted Lives LLC Refund - Security Deposit Jazz Festival/ loki Lot 68609 1,028.00 Vendor Subtotal for Section 2:0000 1,028.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Llana Kaplan Refund- Security Deposit - Las Flores Creek Park 68613 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Chelsea Segal Refund- Security Deposit - Bluffs Park 68630 50.00 Vendor Subtotal for Section 2:0000 50.00
Subtotal for Section 1: 710 1,328.00
Section 1: 900
Section 2:0000
900-0000-2023-00 Vision Insurance Blue Shield of California PR Batch 70016.03.2023 Vision Care 68718 1,339.77 Vendor Subtotal for Section 2:0000 1,339.77
Section 2:0000
900-0000-2024-00 Dental Insurance Delta Dental of California PR Batch 70016.03.2023 Dental Insurance 68720 7,683.92 Vendor Subtotal for Section 2:0000 7,683.92
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 28 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Section 2:0000
900-0000-2025-01 Additional Life Insurance Standard Insurance Company N2 PR Batch 70016.03.2023 Additional Life Insurance 68725 275.08 Vendor Subtotal for Section 2:0000 275.08
Section 2:0000
900-0000-2027-00 Employee Assistance Managed Health Network PR Batch 70016.03.2023 Employee Assistance 68724 171.38 Vendor Subtotal for Section 2:0000 171.38
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70016.03.2023 PARS - ER Share 68726 191.55 900-0000-2041-00 PARS U.S. Bank PR Batch 70016.03.2023 PARS - EE Share 68726 913.46 Vendor Subtotal for Section 2:0000 1,105.01
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70016.03.2023 ER Contribution to ICMA 68721 3,000.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70016.03.2023 ICMA Def Comp - % of Salary 68721 1,213.19 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70016.03.2023 ICMA Def Comp - Flat Amount 68721 10,640.39 Vendor Subtotal for Section 2:0000 14,853.58
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70016.03.2023 ICMA Loan Program 68721 973.23 Vendor Subtotal for Section 2:0000 973.23
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70016.03.2023 ICMA - City Manager 68722 542.31 Vendor Subtotal for Section 2:0000 542.31
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108650 PR Batch 70016.03.2023 ICMA - Dept Heads 68723 750.00 AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 29 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 750.00
Section 2:0000
900-0000-2065-00 Miscellaneous Withholdings California State Disbursement Unit PR Batch 70016.03.2023 Income Withholding Order-Calif 68719 339.69 Vendor Subtotal for Section 2:0000 339.69
Subtotal for Section 1: 900 28,033.97
Report Total: 2,335,026.96
AP-Transactions by Account (03/29/2023 - 8:49 AM) Page 30 DocuSign Envelope ID: 7B29F660-41A1-4C10-93CE-9E1515C8FA4C

Page 1 of 1 ends

Agenda Item # 3.B.3.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: March 29, 2023 Meeting date: April 10, 2023 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the March 11, 2022 Malibu City Council Special meeting.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2022-2023. This is part of normal staff operations.

DISCUSSION: Staff has prepared draft minutes for the Council meeting of March 11, 2022.

ATTACHMENTS:

March 11, 2022 Special meeting
City Council Meeting
04-10-23
Item

3.B.3.

MINUTES

MALIBU CITY COUNCIL

SPECIAL MEETING
MARCH 11, 2022

COUNCIL CHAMBERS
1:00 P.M.

MEETING CALL TO ORDER
Mayor Grisanti called the meeting to order at 1:00 p.m.

ROLL CALL
The following persons were recorded in attendance via teleconference by the Recording Secretary:

PRESENT: Mayor Paul Grisanti; Mayor Pro Tem Bruce Silverstein; and Councilmembers Karen Farrer (arrived at 1:05 p.m.), Mikke Pierson (arrived at 1:17 p.m.), and Steve Uhring ALSO PRESENT: Steve McClary, Interim City Manager; Kelsey Pettijohn, City Clerk; Christine Wood, BBK; and Elizabeth Shavelson, Assistant to the City Manager

PUBLIC COMMENT ON CLOSED SESSION
Mayor Grisanti opened the floor to public comment.

Speakers: None.

RECESS TO CLOSED SESSION
At 1:01 p.m., on the advice of counsel and based on existing facts and circumstances, the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

Conference with Legal Counsel – Existing litigation pursuant to Government Code Section 54956.9(d)(1):

1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD
Malibu City Council
Minutes of March 11, 2022

Page 2 of 2 ends

_________________________

CLOSED SESSION REPORT
Deputy City Attorney Wood reported that the Special meeting convened at 1:00 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54957, with all Councilmembers present. She stated the Council took no reportable action.

ADJOURNMENT
MOTION At 2:55 p.m., Mayor Grisanti adjourned the meeting.

Approved and adopted by the City Council of the
City of Malibu on _________.
_________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)

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Agenda Item # 3.B.4.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Steve McClary, City Manager
Kelsey Pettijohn, City Clerk
Trevor Rusin, Interim City Attorney
Date prepared: March 15, 2023 Meeting date: April 10, 2023 Subject: Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
RECOMMENDED ACTION: Consider a motion to reaffirm Resolution No. 23-14, reauthorizing remote teleconferencing/virtual meetings pursuant to AB 361.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2021-2022.

DISCUSSION: On March 17, 2020, in the face of the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means, including allowing councilmembers to not have to post an agenda at their teleconference location, not have to identify their location on the meeting agenda, not have to ensure public accessibility at the teleconference location, and the legislative body did not need a quorum in the jurisdiction. The suspension of certain provisions of the Brown Act was further extended by the Governor on June 11, 2021 by the issuance of Executive Order N-08-21, which continued to allow for complete virtual meetings until September 30, 2021.

On September 16, 2021, the Governor signed AB 361, which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees. Although the states COVID-19 state of emergency ended on February 28, 2023, AB 361 will remain in City Council Meeting
04-10-23
Item

3.B.4.

Page 2 of 2 ends

Agenda Item # 3.B.4.
effect until January 1, 2024. As noted above, AB 361 authorizes public meetings to be held virtually if specified conditions are met. These conditions include when state or local officials have imposed or recommended measures to promote social distancing.

Research by staff indicates that officials continue to recommend social distancing.

Specifically, California Division of Occupational Safety and Health (“Cal/OSHA”) regulations—at Title 8 Section 3205—recommend physical distancing in the workplace as precautions against the spread of COVID-19 and impose certain restrictions and requirements due to a “close contact” which occurs when individuals are within six feet of another in certain circumstances. Relatedly, the Centers for Disease Control and Prevention continue to recommend avoiding contact and keeping a safe distance from a person who has a suspected or confirmed case of COVID-19.

In order to continue to qualify for the waiver of in-person meeting requirements under AB 361, the Council must, every 30 days, make the required findings. Thus, this item will continue to appear on the agenda to satisfy this requirement during the duration the City Council can make the required findings.

ATTACHMENTS:

Resolution No. 23-14
RESOLUTION NO. 23-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR THE

CONTINUATION OF VIRTUAL MEETINGS AND AUTHORIZING VIRTUAL

CITY COUNCIL, COMMISSION, BOARD, AND OTHER CITY MEETINGS PURSUANT TO AB 361
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to provide public access at each location in which members of the legislative body are teleconferencing; B. On September 16, 2021 the Governor signed AB 361 (in effect as of October 1, 2021 — Government Code Section 54953(e)), which allows legislative bodies to meet virtually provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees; C. The Governor’s COVID-19 state of emergency ended on February 28, 2023; D. AB 361 remains in effect until January 1, 2024;
E. AB 361 authorizes legislative bodies to continue meeting virtually if specified conditions are met. These conditions include when state or local officials have imposed or recommended measures to promote social distancing;
F. Among other measures to promote physical distancing, the California Division of Occupational Safety and Health (“Cal/OSHA”) regulations—at Title 8 Section 3205—recommend physical distancing in the workplace as precautions against the spread of COVID-19 and impose certain restrictions and requirements due to a “close contact” which occurs when individuals are within six feet of another in certain circumstances;
G. The Centers for Disease Control and Prevention continue to recommend avoiding contact and keeping a safe distance from a person who has a suspected or confirmed case of COVID19; H. To allow for physical distancing and remote meeting attendance in accordance with these recommended measures, the City Council does hereby find that the City Council and all other City bodies shall conduct its meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that the City Council and all other City bodies shall comply with the requirements to provide the public with access to the meetings electronically as prescribed in paragraph (2) of subdivision (e) of section 54953
Resolution No. 23-14

Page 2 of 3 ends

_____________________
SECTION 2. All of the above recitals are true and correct and incorporated herein by reference.

SECTION 3. The City Council has considered the above circumstances and hereby recognizes that state and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person.

SECTION 4. The City Council and all other City bodies shall conduct public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act for remote only meetings.

SECTION 5. This Resolution shall take effect immediately upon its adoption and remain in effect for 30 days or until such time as the City Council reaffirms this resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and all other legislative bodies of the City of Malibu may continue to teleconference without compliance with Government Code §54953(b)(3).

SECTION 6. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 13th day of March 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Resolution No. 23-14

Page 3 of 3 ends

_____________________
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 23-14 was passed and adopted by the City Council of the City of Malibu at the Regular meeting thereof held on the 27th day of March 2023 by the following vote:

AYES: 5 Councilmembers: Grisanti, Riggins, Stewart, Uhring, Silverstein NOES: 0
ABSTAIN: 0
ABSENT: 0
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)

Page 1 of 2 ends

Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Richard Mollica, Planning Director
Reviewed by: Joseph Toney, Assistant City Manager
Approved by: Steve McClary, City Manager
Date prepared: March 22, 2023 Meeting date: April 10, 2023 Subject: Amendment No. 2 to Professional Services Agreement with Center for Municipal Solutions
RECOMMENDED ACTION: Authorize the Mayor to execute the Professional Services Agreement (PSA) Amendment No. 2 with Center for Municipal Solutions to extend the term of the agreement to June 30, 2023.

FISCAL IMPACT: The services rendered by the Consultants will be funded by wireless communication facility application planning fees. For services not reimbursable by application fees, funding was included in the Adopted Budget for Fiscal Year 2022-2023 in Account No. 101-2001-5100.00 (Planning Professional Services).

WORK PLAN: This item was included as item 4.l.1 and 4.i. in the in the Adopted Work Plan for Fiscal Year 2022-2023.

DISCUSSION: The Planning Department oversees the processing of wireless communication facility (WCF) applications. Due to the technical and regulatory expertise required, the City utilizes a third-party reviewer for WCF applications to ensure that the City is in compliance with Federal and State laws.

In 2020, the City issued a Request for Proposals (RFP) for consulting firms to provide expert, technical, regulatory consultation, application review, and other assistance with wireless communications facility applications. As a result of that RFP, in January 2021 the City entered into two-year term agreements with two firms including CMS. The agreement was amended in February 2021 to modify the scope of work.

City Council Meeting
04-10-23
Item

3.B.5.

Page 2 of 2 ends

Agenda Item # 3.B.5.

On March 28, 2023, the City issued an RFP for the aforementioned services for a 30-day response period and anticipates concluding the interview process the end of May. As such, staff is requesting that the City Council extend the term of the City’s Professional Service Agreement with CMS until June 30, 2023, to maintain services until new agreements are awarded.

ATTACHMENT: Amendment No. 2 to the Professional Services Agreement with CMS AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT is made and entered in the City of Malibu on April 10, 2023, by and between the CITY OF MALIBU, hereinafter referred to as City, and Center for Municipal Solutions, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On January 11, 2021, the City entered into an Agreement with Consultant for consulting services to provide expert, technical, regulatory consultation, application review, and other assistance with wireless communication facility applications.

B. On February 8, 2021, the City entered into an Amendment No. 1 Agreement with Consultant to amend the Consultant’s scope of work.

C. The Agreement was set to expire on January 11, 2023 and pursuant to Malibu Municipal Code Section 2.56.150, a request for proposals shall be solicited for services. At the time this amendment was prepared, the City has not issued a request for proposal. As such, the City desires to amend the Agreement to extend the term of the agreement to June 30, 2023 until the City Council can award an agreement for services.

D. City desires to amend the Agreement to extend the term of the agreement, and Consultant has submitted a proposal for this purpose that is acceptable to the City.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Section 2.0 – Term of Agreement, of the Agreement, is hereby extended to June 30, 2023.

2. The Parties agree that this Amendment will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

3. All terms and conditions of the Agreement not amended by this Amendment No. 2 remain in full force and effect.

This Agreement is executed on ______________________, at Malibu, California, and effective as of April 10, 2023.

CITY OF MALIBU:
____________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Amendment No. 2 to Agreement
Center for Municipal Solutions

Page 2 of 2 ends

_____________________
255-2
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: ROBERT C. ROSS
Title: Director of Western Operations
Robert C.Ross

Page 1 of 2 ends

Agenda Item # 3.B.6.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: March 14, 2023 Meeting date: April 10, 2023 Subject: Professional Services Agreement with Aanko Technologies, Inc.

RECOMMENDED ACTION: Authorize the City Manager to execute a Professional Services Agreement with Aanko Technologies, Inc. for the update of the City’s Emergency Operations Plan.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for Fiscal Year 2022-2023 in Account No. 100-7021-5100- 00 (Professional Services).

WORK PLAN: This item was included as item 1.d. in the Adopted Work Plan for Fiscal Year 2022-2023.

DISCUSSION: In California, all governmental emergency plans are required to comply with the State’s Standardized Emergency Management System (SEMS) as well as FEMA’s National Incident Management System (NIMS) in order to be eligible for state and federal disaster assistance. Plans should be updated every five years and submitted to the State Office of Emergency Services for review to ensure compliance. The City’s current Emergency Operations Plan was adopted on February 25, 2019 and we recommended that it be updated at this time.

Staff plans to conduct a comprehensive update that seeks to recognize and incorporate community resources, as well as update and expand critical sections of the plan, including:
 Creating a new appendix that outlines community resources;  Updating the Donation Management and Mass Evacuation annexes; City Council Meeting
04-10-23
Item

3.B.6.

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Agenda Item # 3.B.6.
 Creating three new annexes including Active Shooter, Pandemic and Extended Infrastructure Disruption;
 Expanding the infrastructure and facilities section of the plan to include more information about critical utility infrastructure and potential vulnerabilities; and,  Expanding the sections on whole community considerations, including, but not limited to, the needs of people with access and functional needs, those experiencing homelessness, day workers, and domestic workers.

To assist with the update, staff issued an RFP in December 2022 for emergency planning consultant services. The City received eight proposals and staff interviewed four consultant groups. Aanko Technologies, Inc. was chosen as the best candidate for the project due to their extensive emergency planning experience and experience working with other California cities. The term of the agreement is for one year at a cost not to exceed $87,510.

ATTACHMENTS: Professional Service Agreement with Aanko Technologies, Inc.

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of April 10, 2023, by and between the City of Malibu (hereinafter referred to as the "City"), and Aanko Technologies, Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating to the update of the City’s Emergency Operations Plan.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in the Scope of Work, attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City.

2.0 TERM OF AGREEMENT. This Agreement will become effective on April 10, 2023, and will remain in effect for a period of one year from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

3.0 CITY AGENT. The City Manager, or his or her designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the City Manager, or his or her designee, has the authority to provide that approval or authorization.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. The cost of services shall be for a total amount not to exceed $87,510. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Agreement for Professional Services
Aanko Technologies, Inc.

Page 2 of 7 ends

4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

5.0 CONFLICT OF INTEREST. The Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by the Consultant under this Agreement.

The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.

5.1 The Consultant represents that no City employee or official has a material financial interest in the Consultant’s business. During the term of this Agreement and/or as a result of being awarded this contract, the Consultant shall not offer, encourage or accept any financial interest in the Consultant’s business by any City employee or official.

5.2 If a portion of the Consultant’s services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the City or with a City franchisee, the Consultant warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

6.0 GENERAL TERMS AND CONDITIONS.

6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, without cause, by giving the other party ten (10) days written notice of such termination and the effective date thereof.

6.1.1 In the event of such termination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Consultant under this Agreement shall be returned to the City. If the City terminates this Agreement without cause, the Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bill for services rendered and fees incurred pursuant to this Agreement through the notice of termination. If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of Agreement for Professional Services
Aanko Technologies, Inc.

Page 3 of 7 ends

liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement:
(a) Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
(b) Comprehensive general and automobile liability insurance protecting the Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000. Each such policy of insurance shall:
1) Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
2) Name and list as additional insured the City, its officers and employees.
3) Specify its acts as primary insurance.
4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the City of such cancellation or material change." 5) Cover the operations of the Consultant pursuant to the terms of this Agreement.

6.5 Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but Agreement for Professional Services
Aanko Technologies, Inc.

Page 4 of 7 ends

excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

6.6 Compliance with Applicable Law. The Consultant and the City shall comply with all applicable laws, ordinances and codes of the federal, state, county and city governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Wage.

6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between the City and the Consultant.

6.7.1. The Consultant shall be an independent contractor, and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been Agreement for Professional Services
Aanko Technologies, Inc.

Page 5 of 7 ends

inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.

6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant.

6.13 Files. All files of the Consultant pertaining to the City shall be and remain the property of the City. The Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.14 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

Agreement for Professional Services
Aanko Technologies, Inc.

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6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and the Consultant.

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

CITY: Steve McClary CONSULTANT: Steve Longoria
City Manager Chief Executive Officer
City of Malibu Aanko Technologies, Inc.
23825 Stuart Ranch Road 5267 Warner Ave., Suite 111
Malibu, CA 90265-4861 Huntington Beach, CA 92649
TEL (310) 456-2489 x 226 TEL (866) 968-7478
FAX (310) 456-2760

6.20 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

Agreement for Professional Services
Aanko Technologies, Inc.

Page 7 of 7 ends

7.0 GENERAL TERMS AND CONDITIONS. (City and Consultant initials required at EITHER 7.1 or 7.2)

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______

7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
This Agreement is executed on April 10, 2023, at Malibu, California, and effective as of April 10, 2023.

CITY OF MALIBU:
___________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
CONSULTANT:
_______________________________
By:

APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
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FWrite
the Plan
SCOPE OF WORK Aanko • Technologies, Inc.

8.f~ty a S~~~.iiy 5oh,lJm~

APPROACH

STATEMENT OF OVERALL APPROACH
Aanko will prepare the EOP and Annex document(s) in compliance with National Incident Management System (NIMS) and California Standardized Emergency Management System (SEMS) standards, and in accordance with the provisions of the California Emergency Services Act, Executive Order W-9-91, Executive Order 0-67-03, and Executive Order S-2-05. We will use the Whole Community Approach identified in the FEMA Comprehensive Planning Guide (CPG) 101 as the foundational tools for our approach.

The plan development will follow the FEMA CPG 101, Version 3.0 and ifs 6-step process noted below:

STEP 1 STEP2 STEP 3 STEP4 STEPS STEP 6
Farm a Understand Determine Plan Plan Preparation, Plan Collaborative the Goals and Development Review, & Implementation PlanningTeam Situation Objectives Approval & Maintenance ~ Identify Determine Develop and -.

Core I Threats - Operational -. Analyze
Planning k~ and Priorities Course ~
Team~~j- .~ Hazards of Action
Engage the •~ Set Goals
Whole ~-.. •- Assess and Identify
Community Risk Objectives Resources
• ~ in Planning
-: - ‘.• ~- • - Identify
• , ‘ ~, •:‘ • lnformaiion
- •: •:~-~; and
- - Intelligence
• •; • , - ‘ ‘ - ‘ Ne(~dS
The updated EOP will be a Multi-hazard Emergency Operations Plan that provides:
• Who does what under which circumstances.
• Describes resources available to respond to a significant emergency and mechanism for those impacted to obtain the use of those resources.
• Describes the demographics of the Malibu community covered by the plan. • Geography of the area covered by the plan.
• Hazard and Risk assessment consistent with the LA County Multi-jurisdictional Hazard Mitigation Plan.
• Describes how the City will coordinate its response with the related County and State agencies. • Provide an outline for regular training and exercises.

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Emergency Operations Plan Update
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• Include a Concept of Operations. C
• Emergency Management Organization, consistent with SEMS, NIMS and the National Response C Framework, but reflecting local resources that provide Direction and Control. C • Be inclusive of Roles and Responsibilities of all emergency teams and stakeholders. • Provide for Multi-Agency Coordination and Procedures. • Integrate procedures for Alert, Notifications, and Communication for City staff, consumers and C stakeholders.
• Role of local governments, their departments and staff. • Role of the private sector, including non-profit organizations, local businesses, the public and other constituencies consistent with City of Malibu, LA County, CaIOES, and FEMA emergency C management policies. C
• Annexes, resources, and checklists necessary to implement the components of the plan to ensure the most effective execution of the plan by persons who may not have emergency management as their primary daily role. C
In addition, the Plan and supporting documents will conform to the California Master Mutual Aid Agreement (MMAA), the Emergency Services Act (ESA, Chapter 7 of Division 1 of Title 2 of the Government Code), the Emergency Medical Services Act (Division 2.5 of the Health and Safety Code), and the Malibu Municipal Code.

Aanko will approach the work under the following Iwo (2) tasks:
• Task 1- Project Management, Coordination, Expectations • Task 2 - EOP, Annexes and Ancillary Documents Update Development Attribute Evidence
Completeness
Integrity
Reproducibility
Transparency
Documented
Defensible
Risk-based
Provides complete results via a systematic and rigorous process.

Is based on classical risk analysis and emergency management theory.

Provides reproducible results by equivalently experienced personnel.

Easily understandable to others as to how it was accomplished, the assumptions used, and the basis for risk decisions.

Provides clear and complete documentation on methodology and products from its use.

Thorough and professional; addresses relevant concerns of government regulations, employees, and the public.

Uses a risk-based approach to allow proper evaluation of threats and focuses on the most important risks during emergencies.

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0 Aanko’s project management approach will provide the City of Malibu with successfully completed tasks o that meet the following goals:
0 Aanko employs a systems approach to Emergency Management (EM), which means we work to improve O safety the entire and EMsecurity, system, rather than simply optimizing individual system components. We understand that risk management, and supporting functions within emergency planning are comprised 0 of many complex components working congruently.

O Throughout administrativeanypersonnel contracted to review work,client Aankoneedscoordinates and expectations. with keyAanko clientensures technical, tasksmanagerial meet client and and 0 stakeholder requirements. Our intent is to foster an open dialogue to communicate suggestions for ongoing process improvements.
o TASK 1: PROJECT MANAGEMENT, COORDINATION AND EXPECTATIONS 0 o Aanko will be collecting and evaluating data to ensure the EOP development will conform to California C Order laws andW-9-91, regulations, Executiveconsistent Order 0-67-03, with theExecutive provisionsOrder of theS-2-05, California and Executive EmergencyOrder Services 5-04-06. Act,TheExecutive Aanko o team will be guided by the City of Malibu Project Manager in the review process. To do this, the following o subtasks will be accomplished:
o Subtask 1: Project Kickoff
0 o Upon Project commencement, our key project team members will hold a kick-off familiathation meeting with the O City Constraints of Malibu(if any). Project WeManager will seek (and consensus otheroninvitees/stakeholders) project development to tofurther achieve discussproject Project timelines. Objectives, We will Tasks, address and o the following items at the Kick-Off Meeting:

C . Step teamI:and Initiation City ofandMalibu Planning: Project TheManager specific project contactareas information, will be verified, and project as well flowasand the timelines Aanko for o draft and final deliverables
o • Step II: Resources (Personnel): The team will verify that each stakeholder responsible for providing O Step input for EOP update development has provided a point of contact Ill: Resources (Documentation): Already developed plans that integrate with the EOP will o be requested from the City of Malibu Project Manager in advance of this meeting. Prior to the o Kick-Off Meeting, we will work with them to collect needed documentation and create an O information outstandinglist of data that may still be needed. At the Kick-Off Meeting, we will provide a list of information to those participants and request a data delivery o • Step IV: Plan Deployment: The process for development and coordination of the Tasks will be provided
Step V: Manage Strategy Evolution: The process to continually refine and adjust Tasks due to changing threats and changing capabilities will be provided (Quality Control Plan) City of Malibu
Emergency Operations Plan Update
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• Step VI: Information Control: In coordination with City of Malibu Project Manager, we will discuss C steps all parties will take to protect project information, if needed. We will present a Project Security Protocol and Project Data Management Protocol to ensure protection of sensitive C documents and other information C
• Step VII: Full-scale Implementation: The process to initiate data collection and facilitate stakeholder meetings for development of the task deliverables will be provided Subtask 2: Ad Hoc Reports C
We will provide Ad Hoc Progress Reports to the City of Malibu Project Manager via email. These reports C may include (format to be developed/approved by City of Malibu): C C • Project Activity- Listing of work completed, by staff member, by Budget Line Item • Updated Project Timeline/ Actions Planned for Next Reporting Period (Schedule) • Potential Issues and Recommended Solutions C
• Invoices and remaining budget Subtask 3. Stakeholder Meetings C We will work with the City of Malibu Project Manager to identify city staff and community stakeholders from C appropriate departments. agencies, schools, organizations and the public. We will coordinate meetings to C gather the necessary information to successfully research, write and complete the EOP and annexes update. c It is assumed that the City of Malibu Manager will work with us to schedule these meetings and to provide a venue for the meetings. Further, it is assumed that City reprographic and audiovisual equipment will be utilized to provide meeting materials for these meetings. C The stakeholder input will include data gathering and analysis of information requested/received from CaIOES, the CaIOES Office for Access and Functional Needs, and the City of Malibu Office of Emergency Services to determine mutual aid and resource sharing that shape the draft EOP and the annexes within the EOP, based C upon existing response protocols and expected threat scenarios as validated by the stakeholders. C Contacts will be required to collect some or all of this information. This contact information includes but not limited to:

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a. Contact Name
b. Organization and Emergency Operations Responsibility c. Telephone number(s) (hardwire, cell phones. faxes, e-mail) C C
We will request this information from the City of Malibu Project Manager. c We will clarify any outstanding issues from these meetings and interviews and respond to any comments C from the City as a result of our data collection. C
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o Task 1 Deliverables:
0 O • Progress Reports • Meeting Agendas and Minutes from Meetings 0 • Review and Adequately respond to comments Q • Project Schedule for each component
C . Deliver each component (report/plan/annex) on time electronically • Provide final EOP and Annexes via email (MS WORD and PDF format) and ten (10) complete o bound p~nted copies 0 o TASK 2: INTEGRATED EMERGENCY OPERATIONS PLAN
o Subtask 1: Emergency OperatIons Plan Review and Update 0 O The development of the EOP and Annexes update will begin by analyzing exiting documents and validating stakeholder current emergency response resources and activities (capabilities) at the local, 0 regional and state level to form the baseline needed for successful plan implementation. We will conduct Q initial planning meetings with the City of Malibu Project Manager. The meetings will review and discuss the 0 plan outlines, scope of work, tasks, objectives, timelines and deliverables after the initial kickoff meeting. 0 Format and content review by the Aanko team of state, regional and local level emergency management o related documents will form the basis of the draft Concept of Operations (CONOPS) that will trigger O activation of the EOP. At this stage, we will work with City of Malibu Project Manager guidance to take the data gathered in Task 1 and, using stakeholder input and additional data collection, update the EOP o CONOPS that outlines mitigation/prevention, preparedness, response and recovery, including COVID-] 9, Q public health prevention, and preparedness and response efforts as it relates to the City. This information o includes but not limited to:
o a. City of Malibu Municipal Code alignment (Malibu City Municipal Code Title 2, Section 2.52) o b. LA County Operational Area Emergency Operations alignment c. City of Malibu Population served and “Whole Community” service area C d. e. County/City Critical Infrastructure Components Identification for stakeholder alignment Q f. Emergency/Crisis Communication Protocols
o g. County/City Emergency Response & Recovery Assets (Local City of Malibu Capability Assessment C h. through Hazard assessment the THIRA Process) using information from the latest Multi-jurisdictional / Local Hazard Mitigation o Plan
C i. Interviews with Whole Community stakeholders, including those within the City, the Community CERT and the LA County First Responders under contract with City (Sheriff and Fire).

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Emergency Operations Plan update
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From the review of documentation and interviews with stakeholders, we will develop the conversion of the C reviews/interviews into useful operational information for the plan and annexes for the City. The annexes C will define the capabilities and assumptions within each annex used to formulate the annex. The Basic Plan Concept of Operations (CON OPS), based directly upon the larger mission goals which govern all OA regional plans. and the State Emergency Plan (SEP) will be developed from this process. The reviews/interviews will also C set the groundwork for congruency of the entire EOP and annexes. C We will develop the EOP with appropriate tasks, checklists, references and other resources necessary for and C the City emergency response organization staff to fulfill their duties under the Plan. This process will include C meeting with staff, including EOC Team members, Public Safety Department staff and the Malibu CERT Team C and our conduct of independent research to update information contained throughout the Plan to evaluate roles, responsibilities and existing plan checklists and identify any areas for improvement.

Subtask 2: EOP Annex Review and Update C
Aanko will review the existing EOP annexes from the Los Angeles Operational Area (OA) to ensure evaluation C of existing processes and procedures, identify existing emergency response teams and their structure, and C identify the CONOPS used in the annex formulation to determine the annex baselines, as necessary, to c initiate production of the localized annex within the City EOP. c From the review of OA documentation, Aanko will develop the conversion of the review into useful C operational annexes for the city. The annexes will define the capabilities and assumptions within each annex used to formulate the annex Concept of Operations (CONOPS), based directly upon the larger regional mission goals which govern all City plans that integrate with the Los Angeles OA. The review will also set the groundwork for congruency of all annexes. Although developed as separate annexes within C the larger City EOP, all annexes must assist in effectively and successfully validating the overall emergency C response strategy. c
Aanko understands there have been many efforts to assess validity of plans as related to preparedness C and response. Some focus on evaluating or inventorying resources and activities, being easy to quantify to c provide insight into what can be accomplished. However, to be certain as a City that annexes put in place to respond to catastrophic events will be able to deliver when called upon needs much more. Whether there is a plan/annex in place and resources are available are key inputs to preparedness. However, inputs C may not produce outcomes we want; actually implementing the response when and where it is needed c if response organizations, infrastructures, and other components cannot deliver them. Confidence that plans/annexes can be executed as designed depends on the reliability of the system executing them.

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For instance, the City Evacuation Plan of 2020 is likely to succeed if it provides a variety of options for the 0 community evacuation so operations can be adapted easily in response to a changing operational Q situation. But it will not succeed if City planning has not considered all evacuation scenarios. For example, O ifmake Evacuation is in response to a fire, A Safe Refuge Area Manager is appropriate, but the current annex no mention of this position requirement, which could result in miscounting of evacuees, especially 0 those vulnerable populations such as with Access and Functional Needs. 0 O To address this concern about response performance, Aanko will evaluate each Annex’s response reliability as part of our plan review efforts. This assessment will be based on the regional and CA nature 0 of the system of response organizations, capabilities, and resources and the factors that shape how well it Q responds, using each annex’s CONOPS as the foundation for this evaluation (e.g., a City Evacuation Annex O cannot be effective, if it relies upon a Los Angeles County Debris Management Annex that is ineffective to enable critical evacuation routes to be opened to the north along the Pacific Coast Highway toward o Oxford). This will then translate into qualified, validated City annexes that can be used effectively during Q emergency response.

Aanko will develop the annexes with appropriate tasks, checklists, references and other resources o necessary for City Staff and aligned Los Angeles County contracted first responders to fulfill their duties Q under the plan and annexes. It is expected and assumed that the Los Angeles CA has completed the o Debris Removal, Potable Water, Flood/Levee; Public Works Mutual Aid and DPH Mass Vaccination annexes 0 0
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(for the Pandemic Annex) and that these annexes will be made available to Aanko immediately upon contract execution to begin City annex development.

Aanko will include conversations with all tasked entities within the City of Malibu according to the City Organization Chart, and appropriate “Whole Community” stakeholders as identified in coordination with the City of Malibu Project Manager.

The new document will be an “All Hazards” EOP with supporting annexes that is inclusive of the following content as requested by the City:
• Identifies a Concept of Operations
• Describes who does what under which circumstances
• Describes resources available to respond to a significant emergency and mechanism for those impacted to obtain the use of those resources
• Describes the demographics of the City community covered by the plan • Identifies the geography of the area covered by the plan • Provides a Hazard and Risk Assessment consistent with the Local or Multi-Jurisdictional Hazard Mitigation Plan
• Includes the role of local governments, their departments and staff • Describes how the City will coordinate responses with related regional or state agencies • Provide an outline for regular training and exercises ADMIN~TUTIO~ PUSUCSAIIW alywn
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0 O • Includes an Emergency Management Organization, consistent with SEMS, NIMS and the NRF, but reflecting local resources that provide Direction and Control 0 • Is inclusive of roles and responsibilities of all emergency teams and stakeholders Q • Integrates procedures for Alert, Notifications, and Communication for City staff, consumers and O stakeholders • Identifies the role of the private sector, including non-profit organizations, local businesses, the o public and other constituencies consistent with CaIOES and FEMA policies under the “Whole Q Community” approach
C . Provides for Multi-Agency Coordination and Procedures • Expands the Infrastructure and Facilities section to include more information about critical utility C infrastructure and potential vulnerabilities Q • Creates a section on whole community considerations, including, but not limited to, the needs of O people with access and functional needs, the unhoused, day workers, and domestic help • Includes Annexes, Resources, and EOC Checklists necessary to implement the EOP to ensure 0 its most effective execution by persons who may not have emergency management as their o primary daily role
C . Creates a new Appendix that outlines community resources O •• Creates Updatesthree two existing new Annexes Annexesfor-Active Donation Shooter, Management PandemicandandEvacuation Extended Infrastructure Disruption 0 Task 2 Deliverables:
o • Updated City EOP
0 • Updated City Annexes for Donation Management and Evacuation • New City Annexes for Active Shooter, Pandemic and Extended Infrastructure Disruption C
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SCOPE OF WORK

PROJECT SCHEDULE
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Emergency Operations Plan Update
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Task ID Activity Start End
~ Taj qiiggepi~nt and~C~or~atIon .~., Q2/27/2~ Q~I~J~3
1 B Kickoff Meeting 02/27/23 02/27/23
1C Public Meetings 02/27/23 03/15/23
1 D Stakeholder Interviews 02/27/23 03/15/23
1 E Data Analysis 03/10/23 03/20/23
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1 F Bimonthly Reports 02/27/23 09/30/23
:‘:.~:~-~-.~ ~‘•. ?‘‘•~‘.:‘.~ Task 2 ,.. Subtaskj En~,ergency Op~eraiIo~s Plan (E~OP) ~O~3/~tO/23 O~/~O/23~ 2A Review Documents (Authorities, EOP’s, SOP’s, MOU’s, etc.) 03/20/23 04/20/23 2B Other Plan Reviews (LAOA EOP, etc.) 03/20/23 04/20/23 2C Inventory Capability Elements Within Existing Plans 03/20/23 04/20/23 2D Review Existing and Recommended (New) Protocols, Processes And 03/20/23 04/20/23 Procedures
2E Develop Draft EOP 04/20/23 05/19/23
2F Submit Daft EOP for stakeholder review 05/22/23 06/15/23 2G Revise Draft EOP from comments 06/15/23 07/14/23
2H Submit Final EOP to City of Malibu Project Manager for Validation 07/17/23 09/15/23 21 Gain Task Acceptance and Verify Task Closeout 09/15/23 09/15/23 ~T~sk 2-.. ~≤ubtpsk2 be~el~p [OP_Enne~es.-. - ê~Y~Q/~3 (O~/1~23 2J Review County Annexes 03/20/23 03/30/23
2K Analyze Annex Cross Cutting Interdependencies 03/30/23 04/10/23 2L Develop Draft EOP Annexes 04/10/23 05/19/23
2M Submit Draft EOP Annexes for Stakeholder Review 05/22/23 06/15/23 2N Revise Draft EOP Annexes from Comments 06/15/23 07/14/23 20 Submit Final EOP Annexes to City of Malibu Project Manager for Validation 07/17/23 09/15/23 2P Gain Task Acceptance and Verify Task Close Out 09/15/23 09/15/23 Note: The 2-month validation and acceptance of the EOP and Annexes includes City Council approval and acceptance proclamation in accordance with City of Malibu Code, Title 2, Section 2.52.

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RATE PROPOSAL

HOURLY RATES AND PROJECT FEES
Aanko • Technologies, Inc
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Task 1 - Project Management, Coordination Name Rate Hours Total and Expectation
Senior Project Manager Steve Longoria $195 70 $13,650
Security / Emergency Management Analyst Mike Mello $180 14 $2,520 Emergency Management Analyst Dan Voreyer $180 14 $2,520 Emergency Management Analyst Steve Blanc $180 14 $2,520 Total Hours 112
Total Not To Exceed $21,210
Task 2 - lnteg~g~d Enfçrge~y Plan Update -
Senior Project Manager Steve Longoria $195 100 $19,500
Emergency Management Analyst Mike Mello $180 100 $18,000 Emergency Management Analyst Dan Voreyer $180 80 $14,400 ~ Emergency Management Analyst Steve Blanc $180 80 $14,400 Total Project $87,510
Total Hours
Total Not to Exceed
360
$66,300
City of Malibu
Emergency Operations Plan Update-Cost Proposal
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Technologies, Inc
Safety & Security Solutions
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STEVE LONGORIA

CCP, CPP, CEM, CPM, CBPATS, CPTED, TLO C
Chief Executive Officer C
866-968-7478
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Agenda Item # 3.B.7.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Acting Community Services Director Approved by: Steve McClary, City Manager
Date prepared: March 23, 2023 Meeting date: April 10, 2023 Subject: Jake Kuredjian Citizenship Award
RECOMMENDED ACTION: At the recommendation of the Parks and Recreation Commission, approve the nomination of Sara Wan as the recipient of the 2023 Jake Kuredjian Citizenship Award.

FISCAL IMPACT: Funding for this award is included in the Adopted Budget for Fiscal Year 2022-2023 in Account Numbers 100-4001-6160-00 (General Recreation Operating Supplies) and 100-4001-5401-00 (General Recreation Advertising & Noticing).

WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2022-2023.

DISCUSSION: The Council created the Jake Kuredjian Citizenship Award in 2002 to recognize an outstanding individual(s) or groups who give their time and resources to enhance the quality of parks and recreation within the Malibu community. The award was created in honor of Los Angeles County Sherriff's Deputy Hagop "Jake" Kuredjian, who was killed in the line of duty on August 31, 2001, after 17 years of service. Deputy Kuredjian was presented the Gold Meritorious Conduct Medal in 1989 for rescuing a woman from a cliff in Malibu.

Past recipients of the Jake Kuredjian Citizenship Award demonstrated a strong commitment to and involvement in recreation in Malibu while showing a high level of citizenship within the community (Attachment).

On March 21, 2023, the Parks and Recreation Commission unanimously approved the nomination of Sara Wan as the 2023 recipient.

City Council Meeting
04-10-23
Item

3.B.7.

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Agenda Item # 3.B.7.

Mrs. Wan helped provide opportunities for underserved youth to participate in recreation throughout the region. She was a Malibu resident and served on the California Coastal Commission and the Santa Monica Mountains Conservancy board. She focused on conservation and public beach access across California and was considered an expert in habitat and wetland issues, marine mammal issues, water quality, and coastal land planning. Mrs. Wan passed away in September 2022; she was 83 years old.

The Council is asked to approve the Parks and Recreation Commission's recommendation to select Sara Wan as the 2023 Jake Kuredjian Citizenship Award recipient. If approved, the City will present the award to Mrs. Wan's family at an upcoming Council meeting and acknowledge her on the website, social media accounts, and local newspapers.

ATTACHMENTS: Jake Kuredjian Citizenship Award Past Recipients City of Malibu
Attachment 1
Jake Kuredjian Citizenship Award Recipients
2002
Ron Bloomfield
Joel Castro
Doug O’Brien
Jill & Harold Smith
Maud Ann Sunderland
2004
Jack Schultz “Papa Jack”
2005
Tim Biglow
Danny Klein
Nick Tidy
2007
Mike Doyle
Steve Rodriguez
James Whalen
Bruce Young
2008
John Paola
2012
Dermot Stoker
2013
Michael Zweig
2014
Steve Ciniglio
2015
Joan House
2017
Bob Stallings
2018
Mike Mulligan
Justine Petretti
2019
Kasey Earnest
Steve Hotchkiss
2020
John Bell
Ellen Reich
2021
Sandy Banducci
Rob LeMond
2022
Richard Lawson
Judy Villablanca

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Agenda Item # 3.B.8.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: March 24, 2023 Meeting date: April 10, 2023 Subject: Resolution Extending the Declaration of the COVID-19 Local Emergency
RECOMMENDED ACTION: Adopt Resolution No. 23-15 extending the declaration of the existence of a local emergency.

FISCAL IMPACT: There is no fiscal impact with the recommended action.

WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2022-2023. This project is part of normal staff operations.

DISCUSSION: An emergency exists when conditions are beyond the control of the services, personnel, equipment, and facilities of this City. The declaration is an acknowledgement of the need for the combined forces of other political subdivisions to combat.

In 2020 a severe acute respiratory illness caused by a novel (new) coronavirus, known as COVID-19, spread globally and rapidly, resulting in severe illness and death around the world. The World Health Organization classified COVID-19 as a global pandemic.

On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the increased spread of COVID-19. The Governor’s declaration also suspended the requirement under Government Code Section 8630 for local government authorities to renew a state of local emergency every 60 days.

Additionally, on March 4, 2020, the Los Angeles County Board of Supervisors and the Department of Public Health all declared a local and public health emergency in response to increased spread of COVID-19 across the country and in Los Angeles City Council Meeting
04-10-23
Item

3.B.8.

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Agenda Item # 3.B.8.

County. The President of the United States declared a federal emergency as a result of the spread of the COVID-19.

On March 14, 2020, the Director of Emergency Services of the City proclaimed the existence of a local emergency.

On March 13, 2020, the City Council adopted Resolution No. 20-14 ratifying the proclamation of the existence of a local emergency by the Director of Emergency Services.

On February 28, 2023, California Governor Gavin Newsom terminated the State of Emergency renewing the need for the City Council to review the need for continuing the local emergency at least every sixty (60) days, pursuant to Government Code Section 8630.

The COVID-19 emergency continues to evolve and State and Federal agencies continue to recommend social distancing to prevent the spread of COVID-19. The local state of emergency allows the City to continue emergency response programs, such as the Temporary Restaurant Recovery Program, that support social distancing and public safety during the ongoing emergency.

Government Code Section 8630 requires that the City Council review the need for continuing a local emergency at least once every 60 days until the City Council terminates the local emergency.

As such, City staff recommends adopting Resolution No. 23-15 extending the declaration of the existence of a local emergency. If adopted, the City Council will review, and as needed renew, this action at least every 60 days.

ATTACHMENTS:

Resolution No. 23-15
RESOLUTION NO. 23-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

EXTENDING THE DECLARATION OF THE EXISTENCE OF A LOCAL

EMERGENCY
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. In 2020 a severe acute respiratory illness caused by a novel (new) coronavirus, known as COVID-19, spread globally and rapidly, resulting in severe illness and death around the world. The World Health Organization classified COVID-19 as a global pandemic.

B. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the increased spread of COVID-19. The Governor’s declaration also suspended the requirement under Government Code Section 8630 for local government authorities to renew a state of local emergency every 60 days.

C. Additionally, on March 4, 2020, the Los Angeles County Board of Supervisors and the Department of Public Health all declared a local and public health emergency in response to increased spread of COVID-19 across the country and in Los Angeles County. The President of the United States declared a federal emergency as a result of the spread of the COVID-19.

D. The City activated its Emergency Operations Center on March 12, 2020 and the Director of Emergency Services of the City proclaimed the existence of a local emergency on March 14, 2020.

E. On March 13, 2020, the City Council adopted Resolution No. 20-14 ratifying the proclamation of the existence of a local emergency by the Director of Emergency Services.

F. On February 28, 2023, California Governor Gavin Newsom terminated the State of Emergency renewing the need for the City Council to review the need for continuing the local emergency at least every sixty (60) days, pursuant to Government Code Section 8630.

G. The COVID-19 emergency continues to evolve and State and Federal agencies continue to recommend social distancing to prevent the spread of COVID-19.

H. The local state of emergency allows the City to continue emergency response programs, such as the Temporary Restaurant Recovery Program, that support social distancing and public safety during the ongoing emergency.

SECTION 2. The City Council has reviewed the staff report and conditions justifying the state of local emergency in the City and finds that the declaration of a local emergency remains valid and necessary.

Resolution No. 23-15

Page 2 of 2 ends

_____________________
SECTION 3. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this __th day of ____ 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney

Page 1 of 3 ends

Agenda Item # 3.B.9.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Trevor Rusin, Interim City Attorney
Approved by: Steve McClary, City Manager
Date prepared: April 6, 2023 Meeting date: April 10, 2023 Subject: Consider Opting into Settlement Agreements with the following Defendants who have entered into National Opioid settlements: Teva; Allergan; Walmart; Walgreens; and CVS
RECOMMENDED ACTION:
1) Opt into settlement agreement with three pharmacy chains—CVS, Walgreens, and Walmart and direct the City Manager to execute any documents necessary to implement the action and, when possible allocate the City’s designated share of settlement funds to the County of Los Angeles; and
2) Opt into settlement agreement with two opioid manufacturers—Allergan and Teva and direct the City Manager to execute any documents necessary to implement the action and, when possible allocate the City’s designated share of settlement funds to the County of Los Angeles.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2022- 2023. This project is part of normal staff operations.

DISCUSSION: Litigation brought by states and cities across the United States has resulted in additional settlement agreements with three pharmacy chains (CVS, Walgreens, and Walmart) and two opioid manufacturers (Allergan and Teva). Collectively, these settlement agreements are referred to as the 2022 National Settlement Agreements.

Previously, the City entered into settlement agreements with the three largest pharmaceutical distributors of opioid painkillers, Amerisource Bergen, Cardinal Health, City Council Meeting
04-10-23
Item

3.B.9.

Page 2 of 3 ends

Agenda Item # 3.B.9.
and McKesson (the “Distributors”), and the opioid painkiller manufacturer, Janssen (owned by Johnson & Johnson) (“Janssen”). These previously approved settlement agreements are referred to as the 2021 National Settlement Agreements.

The proposed settlement agreements before you now are separate and distinct settlement agreements with different parties resulting from the same litigation. In late 2022, agreements were announced with the three pharmacy chains and two additional manufacturers. In January 2023, each of those pharmacy chains and manufacturers confirmed that a sufficient number of states had agreed to the settlements to move forward. As with the 2021 National Settlements, states and local governments that want to participate in the 2022 National Settlements now will have the opportunity to “opt in.” The greater the level of subdivision participation, the more funds will ultimately be paid out for abatement. Assuming maximum participation, the 2022 National Settlements require:
• Teva to pay up to $3.34 billion over 13 years and to provide either $1.2 billion of its generic version of the drug Narcan over 10 years or $240 million of cash in lieu of product, as each state may elect;
• Allergan to pay up to $2.02 billion over 7 years;
• CVS to pay up to $4.90 billion over 10 years;
• Walgreens to pay up to $5.52 billion over 15 years; and • Walmart to pay up to $2.74 billion in 2023, and all payments to be made within 6 years.

Similar to the 2021 National Settlement Agreements, for these 2022 National Settlement Agreements at least 85% to 95.5% of abatement funds shall be used to fund opioidremediation efforts, with at least 70% of abatement funds required to be used in connection with future opioid-remediation efforts. The 2022 National Settlements effectively define “opioid-remediation” as including care, treatment, and other programs and expenditures (including reimbursement for past such programs or expenditures, except where the agreement restricts the use of funds solely to future opioid-remediation) designed to (1) address the misuse and abuse of opioid products, (2) treat or mitigate opioid use or related disorders, or (3) mitigate other alleged effects of, including on those injured as a result of, the opioid epidemic. The 2022 National Settlements include broad and non-exhaustive lists of qualifying opioid-remediation expenditures.

Under the Teva, Allergan, Walgreens, and CVS Settlements, there is no set threshold of subdivision-level participation required for those settlements to become effective. As to the Teva and Allergan Settlements, once the deadline for subdivisions to participate has passed, these settling Defendants will determine whether there has been sufficient subdivision-level participation for these settlements to become effective. The Walgreens and CVS Settlements operate similarly to the Teva and Allergan Settlements, except that under those settlements, the settling states (Walgreens) or the “Enforcement Committee” representing the settling states (CVS) will first have the opportunity to determine whether

Page 3 of 3 ends

Agenda Item # 3.B.9.
there has been sufficient subdivision participation to proceed with these settlements. If so, then Walgreens and CVS are to determine whether they agree that sufficient subdivisions have participated in the settlements. The decisions of Teva, Allergan, CVS, and Walgreens as to whether there has been adequate subdivision-level participation is in their sole discretion and must be made in good faith.

The Walmart Settlement is different in that the level of subdivision participation required for the settlement to become effective is based on objective criteria: (1) more than 85% of the aggregate population of all litigating subdivisions located in settling states, as well as states that have separately settled with Walmart, must agree to participate or otherwise have their claims fully released, and (2) more than 85% of the aggregate population of all non-litigating threshold subdivisions (defined to include subdivisions with populations greater than 30,000 or those with populations between 10,000 and 30,000 that have brought opioids-related claims against McKesson, Cardinal Health, Amerisource Bergen, or J&J) must agree to participate or otherwise have their claims fully released. The calculation of the aggregate populations of litigating subdivisions and non-litigating threshold subdivisions is on an aggregated basis and not a state-by-state basis. If these thresholds are met, then the Walmart Settlement will become effective.

Like the 2021 National Settlement Agreements, each county and city that receives payment of funds from the settlements will have to annually track and report its use of the funds. Due to the uncertainty of the number of jurisdictions opting in, it has hard to predict what amount of funds will be allocated to the City; however it is likely that the amount will be less than the 2021 National Settlement Agreements.

Opting In
The City must opt into the settlements by April 18, 2023, which requires the City to release its claims against the parties in the 2022 National Settlement Agreements.

CONCLUSION: Unless the City intends to pursue its own litigation against the parties in the 2022 National Settlement Agreements, it is recommended that the City opt into the settlement. While the exact amount the City will be allocated is unclear because it will be determined based on participation rate, it is estimated that this amount will be less than the relatively small amount the City received pursuant to the 2021 National Settlement Agreements. Because of this and the restrictions on what the funds can be used for and the onerous reporting requirements, it is also recommended that, when possible, the City allocate these funds to the County of Los Angeles.

ATTACHMENTS:

1. Settlement Overview

2. 2022 National Settlement Agreements Participation Package National Opioid Settlements: Teva, Allergan, CVS, Walgreens, and Walmart TO LOCAL POLITICAL SUBDIVISIONS AND SPECIAL DISTRICTS:

THIS NOTICE CONTAINS IMPORTANT INFORMATION ABOUT NATIONAL OPIOID SETTLEMENTS.

SETTLEMENT OVERVIEW
Proposed nationwide settlement agreements (“Settlements”) have been reached that would resolve opioid litigation brought by states, local political subdivisions, and special districts against two pharmaceutical manufacturers, Teva and Allergan (“Manufacturers”), and three pharmacies, CVS, Walgreens, and Walmart (“Pharmacies”). Local political subdivisions and special districts are referred to as “subdivisions.” The Settlements require the settling Manufacturers and Pharmacies to pay billions of dollars to abate the opioid epidemic. The Settlements total over $20 billion. Of this amount, approximately $17 billion will be used by participating states and subdivisions to remediate and abate the impacts of the opioid crisis.

Depending on participation by states and subdivisions, the Settlements require:
 Teva to pay up to $3.34 billion over 13 years and to provide either $1.2 billion of its generic version of the drug Narcan over 10 years or an agreed upon cash equivalent over 13 years;  Allergan to pay up to $2.02 billion over 7 years;
 CVS to pay up to $4.90 billion over 10 years;
 Walgreens to pay up to $5.52 billion over 15 years; and  Walmart to pay up to $2.74 billion in 2023, and all payments to be made within 6 years.

As provided under the Agreements, these figures are net of amounts attributable to prior settlements between the Defendants and certain states/subdivisions, and include amounts for attorneys’ fees and costs.

The Settlements also contain injunctive relief governing opioid marketing, sale, distribution, and/or dispensing practices.

Each of the proposed settlements has two key participation steps.

First, each eligible state decides whether to participate in each Settlement. A list of participating states for each settlement can be found at https://nationalopioidsettlement.com.

Second, eligible subdivisions within each participating state decide whether to participate in each Settlement. The more subdivisions that participate, the more funds flow to that state and its subdivisions.

Any subdivision that does not participate cannot directly share in any of the settlement funds, even if the subdivision’s state is settling and other participating subdivisions are sharing in settlement funds. If the state does not participate in a particular Settlement, the subdivisions in that state are not eligible to participate in that Settlement.

ATTACHMENT 1
WHO IS RUBRIS INC. AND WHAT IS THE IMPLEMENTATION ADMINISTRATOR? The Settlements provide that an Implementation Administrator will provide notice and manage the collection of participation forms. Rubris Inc. is the Implementation Administrator for these new Settlements and was also retained for the 2021 national opioid settlements.

WHY IS YOUR SUBDIVISION RECEIVING THIS NOTICE?
Your state has elected to participate in one or more of the Settlements with the Manufacturers and/or the Pharmacies, and your subdivision may participate in those Settlements in which your state has elected to participate. This notice is also sent directly to counsel for such subdivisions if the Implementation Administrator has their information.

If you are represented by an attorney with respect to opioid claims, please contact them. Subdivisions can participate in the Settlements whether or not they filed a lawsuit or are represented.

WHERE CAN YOU FIND MORE INFORMATION?
Detailed information about the Settlements, including each settlement agreement, may be found at:
https://nationalopioidsettlement.com. This website also includes information about how the Settlements are being implemented in most states and how funds will be allocated within your state.

You are encouraged to review the settlement agreement terms and discuss the terms and benefits with your counsel, your Attorney General’s Office, and other contacts within your state. Information and documents regarding the Settlements and your state allocation can be found on the settlement website at https://nationalopioidsettlement.com.

Your subdivision will need to decide whether to participate in the proposed Settlements, and subdivisions are encouraged to work through this process before the April 18, 2023 deadline.

HOW DO YOU PARTICIPATE IN THE SETTLEMENTS?
The Settlements require that you take affirmative steps to “opt in” to the Settlements.

In the next few weeks, you will receive documentation and instructions from the Implementation Administrator or, in some cases, your Attorney General’s Office. In order to participate in a settlement, a subdivision must sign and return the required Participation Form for that settlement.

Please add the following email addresses to your “safe” list so emails do not go to spam / junk folders:
[email protected] and [email protected] . Please monitor your email for the Participation Forms and instructions.

All required documentation must be signed and returned on or before April 18, 2023.

New National Opioids Settlements: Teva, Allergan, CVS, Walgreens, and Walmart Opioids Implementation Administrator
[email protected]
TO LOCAL POLITICAL SUBDIVISIONS AND SPECIAL DISTRICTS:

THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW NATIONAL OPIOID SETTLEMENTS. YOU MUST TAKE ACTION IN ORDER TO PARTICIPATE.

Deadline: April 18, 2023
Five new proposed national opioid settlements (“New National Opioid Settlements”) have been reached with Teva, Allergan, CVS, Walgreens, and Walmart (“Settling Defendants”). This Participation Package is a follow-up communication to the Notice of National Opioid Settlements recently received electronically by your subdivision or special district (“subdivision”).

You are receiving this Participation Package because California is participating in the following settlements:
 Teva
 Allergan
 CVS
 Walgreens
 Walmart
This electronic envelope includes eleven attachments:
 Participation Forms for Teva, Allergan, CVS, Walgreens, and Walmart, including a release of any claims.
 California State-Subdivision Agreements for Teva, Allergan, CVS, Walgreens, and Walmart.
 Side-letter agreement between California and CVS.

The Participation Form and California Intrastate Allocation Agreement for each settlement must be executed, without alteration, and submitted on or before April 18, 2023, in order for your subdivision to be considered for initial participation calculations and payment eligibility.

The side-letter agreement between California and CVS modifies the CVS National Settlement’s incentive structure for subdivision participation as it applies to California.

Based upon subdivision participation forms received on or before April 18th, the subdivision participation rate will be used to determine whether participation for each deal is sufficient for the settlement to move forward and whether a state earns DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA ATTACHMENT 2
its maximum potential payment under the settlement. If the settlement moves forward, your release will become effective. If a settlement does not move forward, that release will not become effective.

Any subdivision that does not participate cannot directly share in the settlement funds, even if the subdivision’s state is settling and other participating subdivisions are sharing in settlement funds. Any subdivision that does not participate may also reduce the amount of money for programs to remediate the opioid crisis in its state.

Please note, a subdivision will not necessarily directly receive settlement funds by participating; decisions on how settlement funds will be allocated within a state are subject to intrastate agreements or state statutes.

You are encouraged to discuss the terms and benefits of the New National Opioid Settlements with your city attorney/county counsel, outside counsel representing your city/county on opioid matters, the Attorney General’s Office, and other contacts within your state. Many states are implementing and allocating funds for these new settlements the same as they did for the prior opioid settlements with McKesson, Cardinal, Amerisource, and J&J/Janssen, but states may choose to treat these settlements differently.

Information and documents regarding the New National Opioid Settlements and how they are being implemented in your state and how funds will be allocated within your state allocation can be found on the national settlement website at https://nationalopioidsettlement.com/ and the California Attorney General’s website at https://oag.ca.gov/opioids. These websites will be supplemented as additional documents are created. Please also refer to the Side-Letter Agreement with CVS, which modifies the CVS National Opioid Settlement.

How to return signed forms:

There are three methods for returning the executed Participation Forms and California-State Subdivision Agreements (“Subdivision Agreements”) to the Implementation Administrator:
(1) Electronic Signature via DocuSign: Executing the Participation Forms and the Subdivision Agreements electronically through DocuSign will return the signed forms to the Implementation Administrator and associate your forms with your subdivision’s records. Electronic signature is the most efficient method for returning Participation Forms and Subdivision Agreements, allowing for more timely participation and the potential to meet higher settlement payment thresholds, and is therefore strongly encouraged. (2) Manual Signature returned via DocuSign: DocuSign allows forms to be downloaded, signed manually, then uploaded to DocuSign and returned automatically to the Implementation Administrator. Please be sure to complete all fields and note that execution and return of both the Subdivision Agreement and the Participation Form are required for participation in the corresponding settlement. As with electronic signature, returning manually signed Participation Forms and Subdivision Agreements via DocuSign will associate your signed forms with your subdivision’s records.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA (3) Manual Signature returned via electronic mail: If your subdivision is unable to return executed Participation Forms and Subdivision Agreements using DocuSign, signed Participation Forms and Subdivision Agreements may be returned via electronic mail to [email protected]. Please include the name, state, and reference ID of your subdivision in the body of the email and use the subject line Settlement Participation Forms – [Subdivision Name, Subdivision State] – [Reference ID]. Note that execution and return of both the Subdivision Agreement and the Participation Form are required for participation in the corresponding settlement.

Detailed instructions on how to sign and return the Participation Forms and the Subdivision Agreements, including changing the authorized signer, can be found at https://nationalopioidsettlement.com. You may also contact [email protected].

The sign-on period for subdivisions ends on April 18, 2023.

If you have any questions about executing these forms, please contact your city attorney/county counsel, outside counsel representing your city/county on opioids matters, the Implementation Administrator at [email protected], or the California Attorney General’s Office at opioidsettlement[email protected].

Thank you,
National Opioids Settlements Implementation Administrator The Implementation Administrator is retained to provide the settlement notice required by the respective settlement agreements referenced above and to manage the collection of settlement participation forms for each settlement.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA

EXHIBIT K
Subdivision and Special District Settlement Participation Form Will your subdivision or special district be signing the settlement participation forms for the Allergan and Teva Settlements at this time?
[ ] Yes_ta [ ] No_ta
Governmental Entity: Malibu city State: CA
Authorized Signatory: /officialname_teva_allergan/
Address 1: /address1_teva_allergan/
Address 2: /address2_teva_allergan/
City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/
Phone: /phone_teva_allergan/
Email: /email_teva_allergan/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 (“Allergan Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Allergan Settlement as provided therein.

2. Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation Activities.

3. The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com.

4. The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to Subdivisions and Special Districts as defined therein.

5. By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

6. The Governmental Entity agrees to use any monies it receives through the Allergan Settlement solely for the purposes provided therein.
1 DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA

7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Allergan Settlement.

8. The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.

9. The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not limited to, all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Allergan Settlement shall be a complete bar to any Released Claim.

10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Allergan Settlement.

11. In connection with the releases provided for in the Allergan Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Allergan Settlement.

12. Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to which the Governmental Entity hereby agrees. To the extent this Settlement Participation Form is interpreted differently from the Allergan Settlement in any respect, the Allergan Settlement controls.
2 DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA I have all necessary power and authorization to execute this Settlement Participation Form on behalf of the Governmental Entity.

Signature: /signer_1_teva_allergan/
Name: /name_1_teva_allergan/
Title: /title_1_teva_allergan/
Date: /date_1_teva_allergan/
3 DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA Exhibit K
Subdivision and Special District Settlement Participation Form Governmental Entity: Malibu city State: CA
Authorized Signatory: /officialname_teva_allergan/
Address 1: /address1_teva_allergan/
Address 2: /address2_teva_allergan/
City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/
Phone: /phone_teva_allergan/
Email: /email_teva_allergan/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 (“Teva Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Teva Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Teva Settlement as provided therein.

2. Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Teva Settlement regarding Cessation of Litigation Activities.

3. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com.

4. The Governmental Entity agrees to the terms of the Teva Settlement pertaining to Subdivisions as defined therein.

5. By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

6. The Governmental Entity agrees to use any monies it receives through the Teva Settlement solely for the purposes provided therein.

8. The Governmental Entity has the right to enforce the Teva Settlement as provided therein.

9. The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited to all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Teva Settlement are intended by Released Entitles and the Governmental Entity to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to any Released Claim.

10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Teva Settlement.

11. In connection with the releases provided for in the Teva Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

12. Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Teva Settlement in any respect, the Teva Settlement controls. 2 DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity.

Signature: /signer_1_teva_allergan/
Name: /name_1_teva_allergan/
Title: /title_1_teva_allergan/
Date: /date_1_teva_allergan/
3 DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA

EXHIBIT K
Subdivision Participation and Release Form
Will your subdivision or special district be signing the settlement participation form for the CVS Settlement at this time?
[ ] Yes_cv [ ] No_cv
Governmental Entity: Malibu city State: CA
Authorized Signatory: /officialname_cvs/
Address 1: /address1_cvs/
Address 2: /address2_cvs/
City, State, Zip: /cit_cv/ /state_cv/ /zi_cv/
Phone: /phone_cvs/
Email: /email_cvs/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 (“CVS Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the CVS Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the CVS Settlement and become a Participating Subdivision as provided therein.

2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com.

3. The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating Subdivisions as defined therein.

4. By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

5. The Governmental Entity agrees to use any monies it receives through the CVS Settlement solely for the purposes provided therein.
1 DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA

6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the CVS Settlement.

7. The Governmental Entity has the right to enforce the CVS Settlement as provided therein.

8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the CVS Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The CVS Settlement shall be a complete bar to any Released Claim.

9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the CVS Settlement.

10. In connection with the releases provided for in the CVS Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

11. Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls.

I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.

Signature: /signer_1_cvs/
Name: /name_1_cvs/
Title: /title_1_cvs/
Date: /date_1_cvs/
3 DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA

EXHIBIT K
Subdivision Participation and Release Form
Will your subdivision or special district be signing the settlement participation form for the Walgreens Settlement at this time?
[ ] Yes_wg [ ] No_wg
Governmental Entity: Malibu city State: CA
Authorized Signatory: /officialname_walgreens/
Address 1: /address1_ walgreens/
Address 2: /address2_ walgreens/
City, State, Zip: /cit_wg/ /state_wg/ /zi_wg/
Phone: /phone_walgreens/
Email: /email_walgreens/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 (“Walgreens Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Walgreens Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Walgreens Settlement and become a Participating Subdivision as provided therein.

3. The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to Participating Subdivisions as defined therein.

4. By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

5. The Governmental Entity agrees to use any monies it receives through the Walgreens Settlement solely for the purposes provided therein.
1 DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA

6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Walgreens Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens Settlement.

7. The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.

8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walgreens Settlement shall be a complete bar to any Released Claim.

9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Walgreens Settlement.

10. In connection with the releases provided for in the Walgreens Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

11. Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Walgreens Settlement in any respect, the Walgreens Settlement controls.

I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.

Signature: /signer_1_walgreens/
Name: /name_1_walgreens/
Title: /title_1_walgreens/
Date: /date_1_walgreens/
3 DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA

EXHIBIT K
Subdivision Participation Form
Will your subdivision or special district be signing the settlement participation form for the Walmart Settlement at this time?
[ ] Yes_wm [ ] No_wm
Governmental Entity: Malibu city State: CA
Authorized Official: /officialname_walmart/
Address 1: /address1_walmart/
Address 2: /address2_walmart/
City, State, Zip: /cit_wm/ /state_wm/ /zi_wm/
Phone: /phone_walmart/
Email: /email_walmart/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated November 14, 2022 (“Walmart Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Walmart Settlement and become a Participating Subdivision as provided therein.

2. The Governmental Entity shall promptly, and in any event within 14 days of the Effective Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com/.

3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to Subdivisions as defined therein.

4. By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

5. The Governmental Entity agrees to use any monies it receives through the Walmart Settlement solely for the purposes provided therein.
1 DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA

7. The Governmental Entity has the right to enforce the Walmart Settlement as provided therein.

8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walmart Settlement, including but not limited to all provisions of Section X (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walmart Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walmart Settlement shall be a complete bar to any Released Claim.

9. In connection with the releases provided for in the Walmart Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

10. Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement controls.
2 DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity.

Signature: /signer_1_walmart/
Name: /name_1_walmart/
Title: /title_1_walmart/
Date: /date_1_walmart/
3 DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Allergan Settlement

1. Introduction
Pursuant to the Allergan Settlement Agreement, dated as of November 22, 2022, and any revision thereto (the “Allergan Settlement Agreement”), including Section VIII and Exhibit O, the State of California proposes this agreement (the “CA Allergan Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections VI, VII, and VIII of the Allergan Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Sections XII or XIII of the Allergan Settlement Agreement.

Pursuant to Exhibit O, Paragraph 4, of the Allergan Settlement Agreement, acceptance of this CA Allergan Allocation Agreement is a requirement to be an Initial Participating Subdivision.1 Further, pursuant to Sections X.B and X.C of the Teva Settlement Agreement and Sections IX.B and IX.C of the Allergan Settlement Agreement, eligible Subdivisions must participate in both the Teva Settlement Agreement and Allergan Settlement Agreement, or neither.2

2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Allergan Settlement Agreement. b) Teva Settlement Agreement means the Teva Settlement Agreement dated November 22, 2022, and any revision thereto.
c) CVS Settlement Agreement means the CVS Settlement Agreement dated December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS.
d) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto.
e) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto.
1 A parallel but separate agreement (the “CA Teva Allocation Agreement”) will govern the allocation, distribution, and use of settlement fund payments under the Teva Settlement Agreement.
2 However, if Teva enters bankruptcy prior to the Effective Date, an eligible Subdivision can choose to only join the Allergan Settlement Agreement.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 2 f) Walgreens Settlement Agreement means the Walgreens Settlement Agreement dated December 9, 2022, and any revision thereto.
g) Walmart Settlement Agreement means the Walmart Settlement Agreement dated November 14, 2022, and any revision thereto.
h) CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, San Leandro Unified School District, Pleasant Valley School District Board, and LA Care Health Plan.
i) Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. j) Opioid Defendant means any defendant (including but not limited to Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walgreen Co., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.

3. General Terms
This agreement is subject to the requirements of the Allergan Settlement Agreement, as well as applicable law, and the Allergan Settlement Agreement governs over any inconsistent provision of this CA Allergan Allocation Agreement. Terms used in this CA Allergan Allocation Agreement have the same meaning as in the Allergan Settlement Agreement unless otherwise defined herein.

Pursuant to Section VIII(E)(1) of the Allergan Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section VIII(C) of the Allergan Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.

4. State Allocation
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 3 The Settlement Fund payments to California,3 pursuant to the Allergan Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Allergan Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”).

A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 4 CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight).
d) A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Allergan Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and Eureka will be deemed to have elected direct payment if they become Participating Subdivisions.
e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Allergan Settlement Agreement and this CA Allergan Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2.
ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Allergan Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or
(5) interventions to prevent drug addiction in vulnerable youth.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 5 c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list. d) For the avoidance of doubt, and subject to the requirements of the Allergan Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Allergan Settlement Agreement and this CA Allergan Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.
iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Allergan Settlement Agreement and this CA Allergan Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Allergan Settlement Agreement or this CA Allergan Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern.
c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 6 enforce the requirements of the Allergan Settlement Agreement or this CA Allergan Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement.
e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.

C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the Allergan Settlement Agreement and this CA Allergan Allocation Agreement, to fund future Opioid Remediation and reimburse past opioid-related expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.

The CA Subdivision Funds will be allocated as follows:
a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document;
b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50% of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opioid Defendant.

D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 7 contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Teva Settlement Agreement and Allergan Settlement Agreement, and, if applicable, the CVS Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, Walgreens Settlement Agreement, and Walmart Settlement Agreement.

Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Allergan Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.

To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California Office of the Attorney General. The California Office of the Attorney General shall, upon the request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and its private counsel if it is in the form of Appendix 3. The California Office of the Attorney General will also consider requests from Plaintiff Subdivisions to execute and enter into agreements presented in other forms.

For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any duty or obligation on the State of California or any of its agencies or officers, including without limitation the Attorney General.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 8 c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Allergan Settlement Agreement and this CA Allergan Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section VIII(C) of the Allergan Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Allergan. e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.

6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Allergan Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b) Except as provided in the Allergan Settlement Agreement, this CA Allergan Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c) Except as provided in the CA Allergan Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Allergan Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 9 The undersigned, Malibu city, ACKNOWLEDGES acceptance of this Proposed California StateSubdivision Agreement Regarding Distribution and Use of Settlement Funds – Allergan Settlement is a requirement to be an Initial Participating Subdivision in the Allergan Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Allergan Settlement. EXECUTED on /date_1_teva_allergan/.

Signature: /signer_1_teva_allergan/
Name: /name_1_teva_allergan/
Title: /title_1_teva_allergan/
Date: /date_1_teva_allergan/
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Allergan Settlement, whereas the percentages shown in the Abatement Percentage column should not change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change.

Regarding the column herein entitled “Abatement Percentage,” pursuant to Section 4.B.e., the State of California will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.

Regarding the column herein entitled “Plaintiff Subdivision Percentage,” payments allocated to a Plaintiff Subdivision, which is not an Initial Participating Subdivision, will be re-allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions.

Regarding the column herein entitled “Abatement Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Abatement Account Funds received, pursuant to Section 4.B. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Subdivision Funds received, pursuant to Section 4.C. Regarding the column herein entitled “Weighted Allocation Percentage,” the annotation of “100%” refers to onehundred percent (100%) of the combined and weighted allocation of the Abatement Percentage and the Plaintiff Subdivision Percentage.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
1 of 15
100.000% 100.000% 100.000%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
County Alameda County Alameda 2.332% 2.853% 2.4237952%
City Alameda Alameda 0.069% 0.0570162%
City Albany Alameda 0.013% 0.0107768%
City Berkeley Alameda 0.152% 0.1249656%
City Dublin Alameda 0.033% 0.040% 0.0338810%
City Emeryville Alameda 0.023% 0.0185765%
City Fremont Alameda 0.108% 0.0888576%
City Hayward Alameda 0.117% 0.0966218%
City Livermore Alameda 0.054% 0.0446740%
City Newark Alameda 0.026% 0.0217626%
City Oakland Alameda 0.486% 0.595% 0.5055601%
City Piedmont Alameda 0.014% 0.0114064%
City Pleasanton Alameda 0.067% 0.0554547%
City San Leandro Alameda 0.039% 0.0321267%
City Union City Alameda 0.043% 0.0352484%
County Amador County Amador 0.226% 0.277% 0.2349885%
County Butte County Butte 1.615% 1.975% 1.6783178%
City Chico Butte 0.216% 0.264% 0.2246499%
City Oroville Butte 0.079% 0.0646595%
County Calaveras County Calaveras 0.226% 0.277% 0.2351644% County Colusa County Colusa 0.059% 0.0489221%
County Contra Costa County Contra Costa 2.102% 2.571% 2.1844585% City Antioch Contra Costa 0.037% 0.0301879%
City Brentwood Contra Costa 0.026% 0.0215339%
City Clayton Contra Costa 0.002% 0.0018060%
City Concord Contra Costa 0.055% 0.0456676%
City Danville Contra Costa 0.010% 0.0082255%
City El Cerrito Contra Costa 0.023% 0.0189024%
City Hercules Contra Costa 0.010% 0.0078273%
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
2 of 15
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Lafayette Contra Costa 0.006% 0.0046030%
City Martinez Contra Costa 0.012% 0.0098593%
City Moraga Contra Costa 0.004% 0.0031007%
City Oakley Contra Costa 0.010% 0.0079416%
City Orinda Contra Costa 0.005% 0.0038157%
City Pinole Contra Costa 0.013% 0.0110909%
City Pittsburg Contra Costa 0.053% 0.0436369%
City Pleasant Hill Contra Costa 0.013% 0.0106309%
City Richmond Contra Costa 0.146% 0.1201444%
City San Pablo Contra Costa 0.018% 0.0148843%
City San Ramon Contra Costa 0.021% 0.0176459%
City Walnut Creek Contra Costa 0.026% 0.0212132%
County Del Norte County Del Norte 0.114% 0.140% 0.1189608% County El Dorado County El Dorado 0.768% 0.939% 0.7980034% City Placerville El Dorado 0.015% 0.0127642%
City South Lake Tahoe El Dorado 0.081% 0.0665456%
County Fresno County Fresno 1.895% 2.318% 1.9693410%
City Clovis Fresno 0.065% 0.0536211%
City Coalinga Fresno 0.012% 0.0098554%
City Fresno Fresno 0.397% 0.3270605%
City Kerman Fresno 0.005% 0.0042534%
City Kingsburg Fresno 0.008% 0.0066167%
City Mendota Fresno 0.002% 0.0019387%
City Orange Cove Fresno 0.004% 0.0035607%
City Parlier Fresno 0.008% 0.0069755%
City Reedley Fresno 0.012% 0.0098804%
City Sanger Fresno 0.018% 0.0146135%
City Selma Fresno 0.015% 0.0127537%
County Glenn County Glenn 0.107% 0.131% 0.1116978%
County Humboldt County Humboldt 1.030% 1.260% 1.0703185% DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
3 of 15
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Arcata Humboldt 0.054% 0.0447660%
City Eureka Humboldt 0.117% 0.143% 0.1216284%
City Fortuna Humboldt 0.032% 0.0266837%
County Imperial County Imperial 0.258% 0.315% 0.2679006% City Brawley Imperial 0.011% 0.0087986%
City Calexico Imperial 0.019% 0.0152799%
City El Centro Imperial 0.158% 0.1302522%
City Imperial Imperial 0.006% 0.0048791%
County Inyo County Inyo 0.073% 0.089% 0.0754413%
County Kern County Kern 2.517% 3.079% 2.6159145%
City Arvin Kern 0.006% 0.0046425%
City Bakersfield Kern 0.212% 0.1747198%
City California City Kern 0.009% 0.0070820%
City Delano Kern 0.030% 0.0249316%
City McFarland Kern 0.003% 0.0025644%
City Ridgecrest Kern 0.015% 0.0120938%
City Shafter Kern 0.013% 0.0103417%
City Tehachapi Kern 0.009% 0.0073580%
City Wasco Kern 0.008% 0.0069861%
County Kings County Kings 0.293% 0.2413469%
City Avenal Kings 0.007% 0.0056335%
City Corcoran Kings 0.013% 0.0107032%
City Hanford Kings 0.027% 0.0226038%
City Lemoore Kings 0.016% 0.0131900%
County Lake County Lake 0.795% 0.6545389%
City Clearlake Lake 0.041% 0.050% 0.0426253%
City Lakeport Lake 0.021% 0.026% 0.0222964%
County Lassen County Lassen 0.319% 0.391% 0.3320610%
City Susanville Lassen 0.027% 0.0219295%
County Los Angeles County Los Angeles 13.896% 16.999% 14.4437559% DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
4 of 15
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Agoura Hills Los Angeles 0.005% 0.0040024%
City Alhambra Los Angeles 0.042% 0.0343309%
City Arcadia Los Angeles 0.033% 0.0267718%
City Artesia Los Angeles 0.001% 0.0005100%
City Azusa Los Angeles 0.026% 0.0210857%
City Baldwin Park Los Angeles 0.027% 0.0218520%
City Bell Los Angeles 0.008% 0.0068783%
City Bellflower Los Angeles 0.002% 0.0014485%
City Bell Gardens Los Angeles 0.014% 0.0114301%
City Beverly Hills Los Angeles 0.065% 0.0534897%
City Burbank Los Angeles 0.100% 0.0823132%
City Calabasas Los Angeles 0.006% 0.0048948%
City Carson Los Angeles 0.019% 0.0159805%
City Cerritos Los Angeles 0.005% 0.0039682%
City Claremont Los Angeles 0.010% 0.0082584%
City Commerce Los Angeles 0.000% 0.0002971%
City Compton Los Angeles 0.044% 0.0361882%
City Covina Los Angeles 0.028% 0.0229127%
City Cudahy Los Angeles 0.001% 0.0006020%
City Culver City Los Angeles 0.055% 0.0449894%
City Diamond Bar Los Angeles 0.001% 0.0006993%
City Downey Los Angeles 0.052% 0.0429994%
City Duarte Los Angeles 0.003% 0.0027261%
City El Monte Los Angeles 0.031% 0.038% 0.0318985%
City El Segundo Los Angeles 0.033% 0.0268020%
City Gardena Los Angeles 0.034% 0.0278088%
City Glendale Los Angeles 0.166% 0.1366586%
City Glendora Los Angeles 0.016% 0.0134411%
City Hawaiian Gardens Los Angeles 0.005% 0.0040549%
City Hawthorne Los Angeles 0.050% 0.0407833%
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Hermosa Beach Los Angeles 0.018% 0.0145307%
City Huntington Park Los Angeles 0.023% 0.0190667%
City Inglewood Los Angeles 0.059% 0.0489195%
City La Cañada Flintridge Los Angeles 0.003% 0.0025565% City Lakewood Los Angeles 0.005% 0.0039971%
City La Mirada Los Angeles 0.010% 0.0081572%
City Lancaster Los Angeles 0.045% 0.0369689%
City La Puente Los Angeles 0.002% 0.0012999%
City La Verne Los Angeles 0.024% 0.0194190%
City Lawndale Los Angeles 0.002% 0.0017731%
City Lomita Los Angeles 0.004% 0.0031940%
City Long Beach Los Angeles 0.439% 0.3614151%
City Los Angeles Los Angeles 2.715% 3.321% 2.8218811%
City Lynwood Los Angeles 0.016% 0.0134345%
City Malibu Los Angeles 0.002% 0.0019269%
City Manhattan Beach Los Angeles 0.032% 0.0260686%
City Maywood Los Angeles 0.004% 0.0035528%
City Monrovia Los Angeles 0.031% 0.0254455%
City Montebello Los Angeles 0.030% 0.0250670%
City Monterey Park Los Angeles 0.031% 0.0256677%
City Norwalk Los Angeles 0.031% 0.0258228%
City Palmdale Los Angeles 0.046% 0.0375827%
City Palos Verdes Estates Los Angeles 0.006% 0.0053102% City Paramount Los Angeles 0.011% 0.0091483%
City Pasadena Los Angeles 0.146% 0.1200524%
City Pico Rivera Los Angeles 0.022% 0.0183333%
City Pomona Los Angeles 0.111% 0.0911933%
City Rancho Palos Verdes Los Angeles 0.002% 0.0012645%
City Redondo Beach Los Angeles 0.062% 0.0506992%
City Rosemead Los Angeles 0.003% 0.0028260%
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City San Dimas Los Angeles 0.003% 0.0022016%
City San Fernando Los Angeles 0.013% 0.0104837%
City San Gabriel Los Angeles 0.018% 0.0147726%
City San Marino Los Angeles 0.009% 0.0073791%
City Santa Clarita Los Angeles 0.022% 0.0178167%
City Santa Fe Springs Los Angeles 0.031% 0.0257531%
City Santa Monica Los Angeles 0.158% 0.1298513%
City Sierra Madre Los Angeles 0.006% 0.0048646%
City Signal Hill Los Angeles 0.010% 0.0084884%
City South El Monte Los Angeles 0.005% 0.0039603%
City South Gate Los Angeles 0.020% 0.0166272%
City South Pasadena Los Angeles 0.012% 0.0095334%
City Temple City Los Angeles 0.005% 0.0039498%
City Torrance Los Angeles 0.112% 0.0919820%
City Walnut Los Angeles 0.006% 0.0047305%
City West Covina Los Angeles 0.049% 0.0404521%
City West Hollywood Los Angeles 0.013% 0.0108517%
City Whittier Los Angeles 0.032% 0.0260581%
County Madera County Madera 0.349% 0.427% 0.3630669%
City Chowchilla Madera 0.012% 0.0097332%
City Madera Madera 0.039% 0.0318441%
County Marin County Marin 0.564% 0.690% 0.5861325%
City Larkspur Marin 0.015% 0.0124697%
City Mill Valley Marin 0.020% 0.0168401%
City Novato Marin 0.028% 0.0229824%
City San Anselmo Marin 0.009% 0.0078062%
City San Rafael Marin 0.089% 0.0729823%
County Mariposa County Mariposa 0.084% 0.103% 0.0876131% County Mendocino County Mendocino 0.439% 0.536% 0.4558394% City Ukiah Mendocino 0.039% 0.0317153%
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
County Merced County Merced 0.551% 0.674% 0.5724262%
City Atwater Merced 0.024% 0.0195846%
City Livingston Merced 0.006% 0.0045873%
City Los Banos Merced 0.020% 0.0165142%
City Merced Merced 0.061% 0.0500762%
County Modoc County Modoc 0.065% 0.080% 0.0678250%
County Mono County Mono 0.023% 0.029% 0.0242606%
County Monterey County Monterey 0.908% 1.111% 0.9437083% City Greenfield Monterey 0.006% 0.0050552%
City King City Monterey 0.005% 0.0037355%
City Marina Monterey 0.017% 0.0144098%
City Monterey Monterey 0.041% 0.0336540%
City Pacific Grove Monterey 0.009% 0.0074842%
City Salinas Monterey 0.094% 0.0776576%
City Seaside Monterey 0.023% 0.0191772%
City Soledad Monterey 0.007% 0.0060870%
County Napa County Napa 0.288% 0.352% 0.2994325%
City American Canyon Napa 0.017% 0.0136869%
City Napa Napa 0.078% 0.0642783%
County Nevada County Nevada 0.441% 0.539% 0.4579827%
City Grass Valley Nevada 0.024% 0.0197805%
City Truckee Nevada 0.003% 0.0023843%
County Orange County Orange 4.364% 5.339% 4.5363576%
City Aliso Viejo Orange 0.014% 0.0113841%
City Anaheim Orange 0.554% 0.678% 0.5759282%
City Brea Orange 0.086% 0.0708897%
City Buena Park Orange 0.087% 0.0714352%
City Costa Mesa Orange 0.124% 0.152% 0.1288366%
City Cypress Orange 0.033% 0.0271937%
City Dana Point Orange 0.001% 0.0005560%
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Fountain Valley Orange 0.055% 0.0455980%
City Fullerton Orange 0.137% 0.168% 0.1425744%
City Garden Grove Orange 0.213% 0.1752482%
City Huntington Beach Orange 0.247% 0.302% 0.2568420%
City Irvine Orange 0.139% 0.170% 0.1442350%
City Laguna Beach Orange 0.047% 0.058% 0.0493043%
City Laguna Hills Orange 0.014% 0.0115457%
City Laguna Niguel Orange 0.001% 0.0007071%
City Laguna Woods Orange 0.001% 0.0006546%
City La Habra Orange 0.060% 0.073% 0.0621049%
City Lake Forest Orange 0.012% 0.0101249%
City La Palma Orange 0.012% 0.0095439%
City Los Alamitos Orange 0.008% 0.0069190%
City Mission Viejo Orange 0.014% 0.0117560%
City Newport Beach Orange 0.179% 0.1470134%
City Orange Orange 0.150% 0.1231320%
City Placentia Orange 0.029% 0.035% 0.0298912%
City Rancho Santa Margarita Orange 0.001% 0.0006296%
City San Clemente Orange 0.008% 0.010% 0.0086083%
City San Juan Capistrano Orange 0.008% 0.0065510%
City Santa Ana Orange 0.502% 0.614% 0.5213866%
City Seal Beach Orange 0.020% 0.0165891%
City Stanton Orange 0.035% 0.0291955%
City Tustin Orange 0.073% 0.0600341%
City Westminster Orange 0.104% 0.127% 0.1082721%
City Yorba Linda Orange 0.044% 0.0362223%
County Placer County Placer 1.045% 1.278% 1.0861002%
City Auburn Placer 0.017% 0.0141114%
City Lincoln Placer 0.031% 0.0255599%
City Rocklin Placer 0.076% 0.0625485%
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Roseville Placer 0.196% 0.1616559%
County Plumas County Plumas 0.205% 0.251% 0.2128729%
County Riverside County Riverside 4.534% 5.547% 4.7128296% City Banning Riverside 0.017% 0.0143848%
City Beaumont Riverside 0.021% 0.0171135%
City Blythe Riverside 0.012% 0.0096714%
City Canyon Lake Riverside 0.000% 0.0001761%
City Cathedral City Riverside 0.067% 0.0553614%
City Coachella Riverside 0.021% 0.0173054%
City Corona Riverside 0.147% 0.1207083%
City Desert Hot Springs Riverside 0.024% 0.0200433%
City Eastvale Riverside 0.000% 0.0002747%
City Hemet Riverside 0.051% 0.0421792%
City Indio Riverside 0.056% 0.0457794%
City Jurupa Valley Riverside 0.001% 0.0008991%
City Lake Elsinore Riverside 0.021% 0.0172949%
City La Quinta Riverside 0.063% 0.0516732%
City Menifee Riverside 0.032% 0.0260909%
City Moreno Valley Riverside 0.137% 0.1130348%
City Murrieta Riverside 0.048% 0.059% 0.0497423%
City Norco Riverside 0.016% 0.0134542%
City Palm Desert Riverside 0.083% 0.0682465%
City Palm Springs Riverside 0.076% 0.0629862%
City Perris Riverside 0.009% 0.0076774%
City Rancho Mirage Riverside 0.052% 0.0431098%
City Riverside Riverside 0.268% 0.2206279%
City San Jacinto Riverside 0.010% 0.0085936%
City Temecula Riverside 0.022% 0.0180086%
City Wildomar Riverside 0.008% 0.0062500%
County Sacramento County Sacramento 3.797% 4.645% 3.9465887% DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Citrus Heights Sacramento 0.057% 0.0465312%
City Elk Grove Sacramento 0.130% 0.1066994%
City Folsom Sacramento 0.108% 0.0890850%
City Galt Sacramento 0.017% 0.0143704%
City Rancho Cordova Sacramento 0.008% 0.0067679%
City Sacramento Sacramento 0.721% 0.882% 0.7496530%
County San Benito County San Benito 0.106% 0.130% 0.1101417% City Hollister San Benito 0.027% 0.0225355%
County San Bernardino County San Bernardino 3.259% 3.987% 3.3878124% City Adelanto San Bernardino 0.008% 0.0066640%
City Apple Valley San Bernardino 0.025% 0.0207360%
City Barstow San Bernardino 0.015% 0.0122056%
City Chino San Bernardino 0.064% 0.0525893%
City Chino Hills San Bernardino 0.001% 0.0006388%
City Colton San Bernardino 0.031% 0.0253443%
City Fontana San Bernardino 0.112% 0.0920543%
City Grand Terrace San Bernardino 0.006% 0.0051051%
City Hesperia San Bernardino 0.035% 0.0291522%
City Highland San Bernardino 0.004% 0.0029061%
City Loma Linda San Bernardino 0.009% 0.0071188%
City Montclair San Bernardino 0.039% 0.0322108%
City Ontario San Bernardino 0.179% 0.1472934%
City Rancho Cucamonga San Bernardino 0.084% 0.0689431%
City Redlands San Bernardino 0.057% 0.0469150%
City Rialto San Bernardino 0.073% 0.0603206%
City San Bernardino San Bernardino 0.178% 0.1461880%
City Twentynine Palms San Bernardino 0.002% 0.0012605%
City Upland San Bernardino 0.052% 0.0424460%
City Victorville San Bernardino 0.033% 0.0269400%
City Yucaipa San Bernardino 0.016% 0.0128772%
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Yucca Valley San Bernardino 0.003% 0.0021228%
County San Diego County San Diego 5.706% 6.980% 5.9309748% City Carlsbad San Diego 0.128% 0.1050485%
City Chula Vista San Diego 0.189% 0.231% 0.1961456%
City Coronado San Diego 0.044% 0.0359095%
City El Cajon San Diego 0.113% 0.0933582%
City Encinitas San Diego 0.061% 0.074% 0.0630289%
City Escondido San Diego 0.145% 0.1192204%
City Imperial Beach San Diego 0.014% 0.0118283%
City La Mesa San Diego 0.055% 0.068% 0.0575593%
City Lemon Grove San Diego 0.022% 0.0183911%
City National City San Diego 0.080% 0.0656808%
City Oceanside San Diego 0.213% 0.1753428%
City Poway San Diego 0.062% 0.0511040%
City San Diego San Diego 1.975% 2.416% 2.0531169%
City San Marcos San Diego 0.089% 0.0733897%
City Santee San Diego 0.033% 0.0268401%
City Solana Beach San Diego 0.017% 0.0138564%
City Vista San Diego 0.052% 0.0425144%
Consolidated San Francisco San Francisco 3.026% 3.702% 3.1457169% County San Joaquin County San Joaquin 1.680% 2.055% 1.7460399% City Lathrop San Joaquin 0.009% 0.0075394%
City Lodi San Joaquin 0.053% 0.0439484%
City Manteca San Joaquin 0.054% 0.0443454%
City Ripon San Joaquin 0.013% 0.0104219%
City Stockton San Joaquin 0.313% 0.383% 0.3256176%
City Tracy San Joaquin 0.084% 0.0692047%
County San Luis Obispo County San Luis Obispo 0.816% 0.999% 0.8484126% City Arroyo Grande San Luis Obispo 0.024% 0.0199053%
City Atascadero San Luis Obispo 0.029% 0.0240680%
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City El Paso de Robles (Paso Robles) San Luis Obispo 0.043% 0.0353456% City Grover Beach San Luis Obispo 0.017% 0.0137881%
City Morro Bay San Luis Obispo 0.020% 0.0160922%
City San Luis Obispo San Luis Obispo 0.077% 0.0637841%
County San Mateo County San Mateo 1.074% 1.313% 1.1159599% City Belmont San Mateo 0.021% 0.0169860%
City Burlingame San Mateo 0.019% 0.0152537%
City Daly City San Mateo 0.044% 0.0363880%
City East Palo Alto San Mateo 0.013% 0.0103982%
City Foster City San Mateo 0.020% 0.0166101%
City Half Moon Bay San Mateo 0.004% 0.0031638%
City Hillsborough San Mateo 0.013% 0.0110029%
City Menlo Park San Mateo 0.015% 0.0126209%
City Millbrae San Mateo 0.013% 0.0105836%
City Pacifica San Mateo 0.016% 0.0130625%
City Redwood City San Mateo 0.056% 0.0463511%
City San Bruno San Mateo 0.021% 0.0172161%
City San Carlos San Mateo 0.013% 0.0108885%
City San Mateo San Mateo 0.052% 0.0425841%
City South San Francisco San Mateo 0.043% 0.0353943%
County Santa Barbara County Santa Barbara 1.132% 1.385% 1.1768968% City Carpinteria Santa Barbara 0.001% 0.0008938%
City Goleta Santa Barbara 0.004% 0.0028969%
City Lompoc Santa Barbara 0.047% 0.0389379%
City Santa Barbara Santa Barbara 0.122% 0.1004559%
City Santa Maria Santa Barbara 0.058% 0.0479179%
County Santa Clara County Santa Clara 2.404% 2.941% 2.4987553% City Campbell Santa Clara 0.014% 0.0112566%
City Cupertino Santa Clara 0.008% 0.0066824%
City Gilroy Santa Clara 0.025% 0.0202891%
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Los Altos Santa Clara 0.013% 0.0103338%
City Los Gatos Santa Clara 0.013% 0.0103220%
City Milpitas Santa Clara 0.036% 0.0298120%
City Morgan Hill Santa Clara 0.015% 0.0124619%
City Mountain View Santa Clara 0.041% 0.0334608%
City Palo Alto Santa Clara 0.039% 0.0323080%
City San Jose Santa Clara 0.294% 0.360% 0.3054960%
City Santa Clara Santa Clara 0.067% 0.0549723%
City Saratoga Santa Clara 0.004% 0.0034161%
City Sunnyvale Santa Clara 0.053% 0.0434069%
County Santa Cruz County Santa Cruz 0.783% 0.957% 0.8135396% City Capitola Santa Cruz 0.020% 0.0168191%
City Santa Cruz Santa Cruz 0.143% 0.1180348%
City Scotts Valley Santa Cruz 0.015% 0.0126525%
City Watsonville Santa Cruz 0.063% 0.0520136%
County Shasta County Shasta 1.095% 1.339% 1.1380191%
City Anderson Shasta 0.024% 0.0198896%
City Redding Shasta 0.284% 0.2334841%
City Shasta Lake Shasta 0.004% 0.0031993%
County Siskiyou County Siskiyou 0.228% 0.279% 0.2373393% County Solano County Solano 0.760% 0.6260795%
City Benicia Solano 0.031% 0.0253903%
City Dixon Solano 0.016% 0.0130849%
City Fairfield Solano 0.109% 0.0897317%
City Suisun City Solano 0.021% 0.0176183%
City Vacaville Solano 0.119% 0.0976497%
City Vallejo Solano 0.167% 0.1373644%
County Sonoma County Sonoma 1.218% 1.490% 1.2661290%
City Healdsburg Sonoma 0.032% 0.0266929%
City Petaluma Sonoma 0.081% 0.0667507%
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Rohnert Park Sonoma 0.041% 0.0340759%
City Santa Rosa Sonoma 0.184% 0.1519070%
City Sonoma Sonoma 0.022% 0.0183438%
City Windsor Sonoma 0.016% 0.0129298%
County Stanislaus County Stanislaus 1.722% 1.4182273%
City Ceres Stanislaus 0.041% 0.0340260%
City Modesto Stanislaus 0.217% 0.1788759%
City Newman Stanislaus 0.006% 0.0046964%
City Oakdale Stanislaus 0.018% 0.0145531%
City Patterson Stanislaus 0.015% 0.0126590%
City Riverbank Stanislaus 0.010% 0.0085699%
City Turlock Stanislaus 0.065% 0.0531966%
County Sutter County Sutter 0.306% 0.374% 0.3179548%
City Yuba City Sutter 0.074% 0.0606242%
County Tehama County Tehama 0.213% 0.261% 0.2216654%
City Red Bluff Tehama 0.014% 0.0117771%
County Trinity County Trinity 0.082% 0.101% 0.0855476%
County Tulare County Tulare 0.809% 0.990% 0.8410949%
City Dinuba Tulare 0.014% 0.0116929%
City Exeter Tulare 0.004% 0.0032479%
City Farmersville Tulare 0.003% 0.0027879%
City Lindsay Tulare 0.007% 0.0057111%
City Porterville Tulare 0.021% 0.0171845%
City Tulare Tulare 0.037% 0.0302273%
City Visalia Tulare 0.066% 0.0545872%
County Tuolumne County Tuolumne 0.486% 0.594% 0.5047621% County Ventura County Ventura 2.192% 2.681% 2.2781201%
City Camarillo Ventura 0.002% 0.0012815%
City Fillmore Ventura 0.002% 0.0020294%
City Moorpark Ventura 0.008% 0.0067337%
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
15 of 15
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Oxnard Ventura 0.156% 0.190% 0.1617338%
City Port Hueneme Ventura 0.021% 0.0174145%
City San Buenaventura (Ventura) Ventura 0.085% 0.0702181% City Santa Paula Ventura 0.014% 0.0119072%
City Simi Valley Ventura 0.065% 0.0533043%
City Thousand Oaks Ventura 0.022% 0.0179902%
County Yolo County Yolo 0.357% 0.437% 0.3713319%
City Davis Yolo 0.055% 0.0451747%
City West Sacramento Yolo 0.066% 0.0544321%
City Woodland Yolo 0.058% 0.0477904%
County Yuba County Yuba 0.214% 0.262% 0.2225679%
City Marysville Yuba 0.014% 0.0112079%
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 APPENDIX 2
Cost Reimbursement Procedure

1. Additional defined terms:
a) Costs means the reasonable amounts paid for the attorney and other City Attorney and County Counsel staff time for individuals employed by a Plaintiff Subdivision at the contractual rate, inclusive of benefits and overhead, together with amounts paid for court reporters, experts, copying, electronic research, travel, vendors, and the like, which were not previously reimbursed and which were paid or incurred (i) prior to December 31, 2022 in litigation against any Opioid Defendant and/or (ii) in negotiating and drafting any CA Allocation Agreement(s) concerning a settlement with any Opioid Defendant(s).

Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, or Section IX and Exhibit R of the Walmart Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first. c) Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 2 i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in part, from funds available under Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, Section IX and Exhibit R of the Walmart Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date. ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt. v. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 3 vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section VIII.C of the Allergan Settlement Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and Allergan a report of the fees and expenses incurred by the Special Master pursuant to Section VIII.C of the Allergan Settlement Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section 2.c.v below. ii. Final Awards of Costs that do not exceed seventy-five thousand dollars ($75,000.00) will be paid next in priority after the Special Master’s approved invoices.
iii. Final Awards of Costs in excess of seventy-five thousand dollars ($75,000.00) will be paid proportionally from the funds remaining in that year’s Annual Payment. iv. Any claim for Costs that is not paid in full will be allocated against the next year’s distribution from the CA Subdivision Fund, until all approved claims for Costs are paid in full.
v. In no event will more than 50% of the total CA Subdivision Fund received in any year be used to pay Costs or the Special Master’s approved invoices. vi. In no event shall more than $28 million of the total CA Subdivision Funds paid pursuant to the Teva Settlement Agreement, Allergan Settlement Agreement, Distributor Settlement Agreement, CVS Settlement Agreement, Janssen Settlement Agreement, Walgreens Settlement Agreement, and the Walmart Settlement Agreement be used to pay Costs.
d) Collateral Source Payments and Third-Party Settlement. i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by any source of funds created as a result of litigation against an Opioid Defendant for its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a final award of Costs from the CA Subdivision Fund, it will repay the fund up to the prior award DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 4 of Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund. Any Plaintiff Subdivision that has submitted for reimbursement to any national fund and has not received a final determination by the First Claims Date may request that the settlement administrator withhold some or all of its payment from the CA Subdivision Fund in order to avoid repayment.
ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Opioid Defendant outside of the National Opioid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earmarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from the CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such a settlement is paid after all final approved claims for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 APPENDIX 3

CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT
On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio 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 Allergan Settlement and their counsel.

In light of the Order, and at the request of [SUBDIVISION], the [SUBDIVISION], its counsel [COUNSEL], and the California Attorney General, on behalf of the State of California, are entering into this California-Subdivision Backstop Agreement (Backstop Agreement). [SUBDIVISION] and [COUNSEL] intend this Backstop Agreement to constitute a State BackStop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys’ Fees, Costs, and Expenses) of the Allergan Settlement Agreement.

Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Allergan Settlement Agreement and CA Allergan Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Allergan Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Allergan Settlement.
[COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Allergan Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] 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 BackStop Agreement” in Exhibit R of the Allergan 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 [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Teva Settlement

1. Introduction
Pursuant to the Teva Settlement Agreement, dated as of November 22, 2022, and any revision thereto (the “Teva Settlement Agreement”), including Section VIII and Exhibit O, the State of California proposes this agreement (the “CA Teva Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections VI, VII, and VIII of the Teva Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Sections IX, XIII, or XIV of the Teva Settlement Agreement.

Pursuant to Exhibit O, Paragraph 4, of the Teva Settlement Agreement, acceptance of this CA Teva Allocation Agreement is a requirement to be an Initial Participating Subdivision.1 Further, pursuant to Sections X.B and X.C of the Teva Settlement Agreement and Sections IX.B and IX.C of the Allergan Settlement Agreement, eligible Subdivisions must participate in both the Teva Settlement Agreement and Allergan Settlement Agreement, or neither.

2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Teva Settlement Agreement. b) Allergan Settlement Agreement means the Allergan Settlement Agreement dated November 22, 2022, and any revision thereto.
c) CVS Settlement Agreement means the CVS Settlement Agreement dated December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS.
d) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto.
e) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto.
f) Walgreens Settlement Agreement means the Walgreens Settlement Agreement dated December 9, 2022, and any revision thereto.
1 A parallel but separate agreement (the “CA Allergan Allocation Agreement”) will govern the allocation, distribution, and use of settlement fund payments under the Allergan Settlement Agreement.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 2 g) Walmart Settlement Agreement means the Walmart Settlement Agreement dated November 14, 2022, and any revision thereto.
h) CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, San Leandro Unified School District, Pleasant Valley School District Board, and LA Care Health Plan.
i) Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. j) Opioid Defendant means any defendant (including but not limited to Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walgreen Co., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.

3. General Terms
This agreement is subject to the requirements of the Teva Settlement Agreement, as well as applicable law, and the Teva Settlement Agreement governs over any inconsistent provision of this CA Teva Allocation Agreement. Terms used in this CA Teva Allocation Agreement have the same meaning as in the Teva Settlement Agreement unless otherwise defined herein.

Pursuant to Section VIII(E)(1) of the Teva Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section VIII(C) of the Teva Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.

4. State Allocation
The Settlement Fund payments to California,2pursuant to the Teva Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the 2 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 3 Settlement Fund shall be combined pursuant to this CA Teva Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”).

A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation.

B. CA Abatement Accounts Fund
i. Allocation of CA Abatement Accounts Funds
a) Seventy percent of the total Settlement Fund payments will be allocated to the CA Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision. The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of CA Abatement Accounts Funds.
b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision, and will receive payments as provided in the Teva Settlement Agreement. c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county’s share of the CA Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight).
d) A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Teva
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 4 Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and Eureka will be deemed to have elected direct payment if they become Participating Subdivisions.
e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Teva Settlement Agreement and this CA Teva Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2. ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Teva Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or (5) interventions to prevent drug addiction in vulnerable youth. c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 5 d) For the avoidance of doubt, and subject to the requirements of the Teva Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Teva Settlement Agreement and this CA Teva Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.
iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Teva Settlement Agreement and this CA Teva Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Teva Settlement Agreement or this CA Teva Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern. c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Teva Settlement Agreement or this CA Teva Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement. e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, 6 investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 6 C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the Teva Settlement Agreement and this CA Teva Allocation Agreement, to fund future Opioid Remediation and reimburse past opioidrelated expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.

D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Teva Settlement Agreement and Allergan Settlement Agreement, and, if applicable, the CVS Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, Walgreens Settlement Agreement, and Walmart Settlement Agreement.

A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”), pursuant to Exhibit R, section I(X), of the Teva Settlement Agreement and the MDL Fees Order, DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 7 so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the Teva Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back-Stop Agreement. Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Teva Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 8 d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Teva Settlement Agreement and this CA Teva Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section VIII(C) of the Teva Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Teva.
e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.

6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Teva Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b) Except as provided in the Teva Settlement Agreement, this CA Teva Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c) Except as provided in the CA Teva Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. a) Except as provided in the Teva Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 9 The undersigned, Malibu city, ACKNOWLEDGES acceptance of this Proposed California StateSubdivision Agreement Regarding Distribution and Use of Settlement Funds – Teva Settlement is a requirement to be an Initial Participating Subdivision in the Teva Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Teva Settlement. EXECUTED on /date_1_teva_allergan/.

Signature: /signer_1_teva_allergan/
Name: /name_1_teva_allergan/
Title: /title_1_teva_allergan/
Date: /date_1_teva_allergan/
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Teva Settlement, whereas the percentages shown in the Abatement Percentage column should not change.

Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change. Regarding the column herein entitled “Abatement Percentage,” pursuant to Section 4.B.e., the State of California will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” payments allocated to a Plaintiff Subdivision, which is not an Initial Participating Subdivision, will be re-allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. Regarding the column herein entitled “Abatement Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Abatement Account Funds received, pursuant to Section 4.B. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Subdivision Funds received, pursuant to Section 4.C.

Regarding the column herein entitled “Weighted Allocation Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the combined and weighted allocation of the Abatement Percentage and the Plaintiff Subdivision Percentage.

2.c.v below.
ii. Final Awards of Costs that do not exceed seventy-five thousand dollars ($75,000.00) will be paid next in priority after the Special Master’s approved invoices.
iii. Final Awards of Costs in excess of seventy-five thousand dollars ($75,000.00) will be paid proportionally from the funds remaining in that year’s Annual Payment. iv. Any claim for Costs that is not paid in full will be allocated against the next year’s distribution from the CA Subdivision Fund, until all approved claims for Costs are paid in full.
v. In no event will more than 50% of the total CA Subdivision Fund received in any year be used to pay Costs or the Special Master’s approved invoices. vi. In no event shall more than $28 million of the total CA Subdivision Funds paid pursuant to the Teva Settlement Agreement, Allergan Settlement Agreement, Distributor Settlement Agreement, CVS Settlement Agreement, Janssen Settlement Agreement, Walgreens Settlement Agreement, and the Walmart Settlement Agreement be used to pay Costs.
d) Collateral Source Payments and Third-Party Settlement. i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by any source of funds created as a result of litigation against an Opioid Defendant for 4 its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 4 final award of Costs from the CA Subdivision Fund, it will repay the fund up to the prior award of Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund. Any Plaintiff Subdivision that has submitted for reimbursement to any national fund and has not received a final determination by the First Claims Date may request that the settlement administrator withhold some or all of its payment from the CA Subdivision Fund in order to avoid repayment.
ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Opioid Defendant outside of the National Opioid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earmarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from the CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such a settlement is paid after all final approved claims for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 APPENDIX 3

Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Teva Settlement Agreement and CA Teva Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Teva Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Teva Settlement. [COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Teva Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] 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 BackStop Agreement” in Exhibit R of the Teva 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 [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Walgreens Settlement

1. Introduction
Pursuant to the Walgreens Settlement Agreement, dated as of December 9, 2022, and any revision thereto (the “Walgreens Settlement Agreement”), including Section V and Exhibit O, the State of California proposes this agreement (the “CA Walgreens Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections IV and V of the Walgreens Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Section IX of the Walgreens Settlement Agreement.

Pursuant to Exhibit O, Paragraph 4, of the Walgreens Settlement Agreement, acceptance of this CA Walgreens Allocation Agreement is a requirement to be an Initial Participating Subdivision.

2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Walgreens Settlement Agreement.
b) Allergan Settlement Agreement means the Allergan Settlement Agreement dated November 22, 2022, and any revision thereto.
c) CVS Settlement Agreement means the CVS Settlement Agreement dated December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS.
d) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto.
e) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto.
f) Teva Settlement Agreement means the Teva Settlement Agreement dated November 22, 2022, and any revision thereto.
g) Walmart Settlement Agreement means the Walmart Settlement Agreement dated November 14, 2022, and any revision thereto.
h) CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, San Leandro Unified School District, DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 2 Pleasant Valley School District Board, and LA Care Health Plan. i) Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. j) Opioid Defendant means any defendant (including but not limited to Walgreen Co., Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.

3. General Terms
This agreement is subject to the requirements of the Walgreens Settlement Agreement, as well as applicable law, and the Walgreens Settlement Agreement governs over any inconsistent provision of this CA Walgreens Allocation Agreement. Terms used in this CA Walgreens Allocation Agreement have the same meaning as in the Walgreens Settlement Agreement unless otherwise defined herein.

Pursuant to Section V(D)(1) of the Walgreens Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the Walgreens Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.

4. State Allocation
The Settlement Fund payments to California,1pursuant to the Walgreens Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Walgreens Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”). 1 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 3 A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 4 e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Walgreens Settlement Agreement and this CA Walgreens Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2.
ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Walgreens Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or (5) interventions to prevent drug addiction in vulnerable youth. c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list.
d) For the avoidance of doubt, and subject to the requirements of the Walgreens Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 5 ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Walgreens Settlement Agreement and this CA Walgreens Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.
iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Walgreens Settlement Agreement and this CA Walgreens Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Walgreens Settlement Agreement or this CA Walgreens Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern.
c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Walgreens Settlement Agreement or this CA Walgreens Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement.
e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 6 C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the Walgreens Settlement Agreement and this CA Walgreens Allocation Agreement, to fund future Opioid Remediation and reimburse past opioid-related expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.

D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Walgreens Settlement Agreement, and, if applicable, the Teva Settlement Agreement, Allergan Settlement Agreement, CVS Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, and Walmart Settlement Agreement.

Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Walgreens Settlement Agreement. Further, DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 7 private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.

5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the Walgreens Settlement Agreement and this CA Walgreens Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Walgreens Settlement Agreement and this CA Walgreens Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section V(B)(2) of the Walgreens Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Walgreens.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 8 e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.

6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Walgreens Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b) Except as provided in the Walgreens Settlement Agreement, this CA Walgreens Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c) Except as provided in the CA Walgreens Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Walgreens Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 9 The undersigned, Malibu city, ACKNOWLEDGES acceptance of this Proposed California StateSubdivision Agreement Regarding Distribution and Use of Settlement Funds – Walgreens Settlement is a requirement to be an Initial Participating Subdivision in the Walgreens Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Walgreens Settlement. EXECUTED on /date_1_walgreens/.

Signature: /signer_1_teva_allergan/
Name: /name_1_teva_allergan/
Title: /title_1_teva_allergan/
Date: /date_1_walgreens/
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Walgreens Settlement, whereas the percentages shown in the Abatement Percentage column should not change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change.

Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, or Section IX and Exhibit R of the Walmart Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first.
c) Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.

2. Cost Reimbursement to Plaintiff Subdivision
a) Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating National Opioid Settlements with various manufacturers, distributors, and chain pharmacies.
b) Claims Procedure.
i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Walgreens DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 7
Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walmart Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date.
ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt.
v. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 8
reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment. vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section V(B)(2) of the Walgreens Settlement Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and Walgreens a report of the fees and expenses incurred by the Special Master pursuant to Section V(B)(2) of the Walgreens Settlement Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 9
d) Collateral Source Payments and Third-Party Settlement. i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by any source of funds created as a result of litigation against an Opioid Defendant for its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a final award of Costs from the CA Subdivision Fund, it will repay the fund up to the prior award of Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund. Any Plaintiff Subdivision that has submitted for reimbursement to any national fund and has not received a final determination by the First Claims Date may request that the settlement administrator withhold some or all of its payment from the CA Subdivision Fund in order to avoid repayment.
ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Opioid Defendant outside of the National Opioid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earmarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from the CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such a settlement is paid after all final approved claims for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 APPENDIX 3

Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Walgreens Settlement Agreement and CA Walgreens Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Walgreens Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Walgreens Settlement.
[COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Walgreens Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] 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 BackStop Agreement” in Exhibit R of the Walgreens 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 [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Walmart Settlement

1. Introduction
Pursuant to the Walmart Settlement Agreement, dated as of November 14, 2022, and any revision thereto (the “Walmart Settlement Agreement”), including Section V and Exhibit O, the State of California proposes this agreement (the “CA Walmart Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections IV and V of the Walmart Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Sections VIII or IX of the Walmart Settlement Agreement.

Pursuant to Exhibit O, Paragraph 4, of the Walmart Settlement Agreement, acceptance of this CA Walmart Allocation Agreement is a requirement to be a Participating Subdivision.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 2 i) Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. j) Opioid Defendant means any defendant (including but not limited to Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walgreen Co., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.

3. General Terms
This agreement is subject to the requirements of the Walmart Settlement Agreement, as well as applicable law, and the Walmart Settlement Agreement governs over any inconsistent provision of this CA Walmart Allocation Agreement. Terms used in this CA Walmart Allocation Agreement have the same meaning as in the Walmart Settlement Agreement unless otherwise defined herein.

Pursuant to Section V(D)(1) of the Walmart Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the Walmart Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.

4. State Allocation
The Settlement Fund payments to California,1 pursuant to the Walmart Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Walmart Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”). 1 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 4 e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Walmart Settlement Agreement and this CA Walmart Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2.
ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Walmart Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or (5) interventions to prevent drug addiction in vulnerable youth. c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list.
d) For the avoidance of doubt, and subject to the requirements of the Walmart Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 5 Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Walmart Settlement Agreement and this CA Walmart Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.
iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Walmart Settlement Agreement and this CA Walmart Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Walmart Settlement Agreement or this CA Walmart Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern.
c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Walmart Settlement Agreement or this CA Walmart Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement.
e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 6 C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Participating Subdivisions. The funds will be used, subject to any limits imposed by the Walmart Settlement Agreement and this CA Walmart Allocation Agreement, to fund future Opioid Remediation and reimburse past opioidrelated expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.

The CA Subdivision Funds will be allocated as follows:
a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document;
b) Second, funds will be allocated to Plaintiff Subdivisions that are Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50% of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opioid Defendant.

D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Walmart Settlement Agreement, and, if applicable, the Allergan Settlement Agreement, CVS Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, Teva Settlement Agreement, and Walgreens Settlement Agreement.

Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 7 counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Walmart Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.

5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the Walmart Settlement Agreement and this CA Walmart Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Walmart Settlement Agreement and this CA Walmart Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section V(B)(2) of the Walmart Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Walmart.

6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Walmart Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b) Except as provided in the Walmart Settlement Agreement, this CA Walmart Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c) Except as provided in the CA Walmart Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Walmart Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 9 The undersigned, Malibu city, ACKNOWLEDGES acceptance of this Proposed California StateSubdivision Agreement Regarding Distribution and Use of Settlement Funds – Walmart Settlement is a requirement to be an Initial Participating Subdivision in the Walmart Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Walmart Settlement. EXECUTED on /date_1_walmart/.

Signature: /signer_1_teva_allergan/
Name: /name_1_teva_allergan/
Title: /title_1_teva_allergan/
Date: /date_1_walmart/
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Walmart Settlement, whereas the percentages shown in the Abatement Percentage column should not change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change.

Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Walmart Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, or Section IX and Exhibit R of the Walgreens Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first. c) Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.

2. Cost Reimbursement to Plaintiff Subdivision
a) Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating National Opioid Settlements with various manufacturers, distributors, and chain pharmacies.
b) Claims Procedure.
i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 7
part, from funds available under Section IX and Exhibit R of the Walmart Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date.
ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt.
v. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 8
reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment. vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section V(B)(2) of the Walmart Settlement Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and Walmart a report of the fees and expenses incurred by the Special Master pursuant to Section V(B)(2) of the Walmart Settlement Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 APPENDIX 3

Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Walmart Settlement Agreement and CA Walmart Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Walmart Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Walmart Settlement.
[COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Walmart Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] 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 BackStop Agreement” in Exhibit R of the Walmart 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 [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – CVS Settlement

1. Introduction
Pursuant to the CVS Settlement Agreement, dated as of December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS (the “CVS Settlement Agreement”), including Section V and Exhibit O, the State of California proposes this agreement (the “CA CVS Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections IV and V of the CVS Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Sections IX or X of the CVS Settlement Agreement.

Pursuant to Exhibit O, Paragraph 4, of the CVS Settlement Agreement, acceptance of this CA CVS Allocation Agreement is a requirement to be an Initial Participating Subdivision.

2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the CVS Settlement Agreement. b) Allergan Settlement Agreement means the Allergan Settlement Agreement dated November 22, 2022, and any revision thereto.
c) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto.
d) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto.
e) Teva Settlement Agreement means the Teva Settlement Agreement dated November 22, 2022, and any revision thereto.
f) Walgreens Settlement Agreement means the Walgreens Settlement Agreement dated December 9, 2022, and any revision thereto.
g) Walmart Settlement Agreement means the Walmart Settlement Agreement dated November 14, 2022, and any revision thereto.
h) CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, San Leandro Unified School District, Pleasant Valley School District Board, and LA Care Health Plan.
i) Plaintiff Subdivision means a Subdivision located in California, other than a CA DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 2 Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. j) Opioid Defendant means any defendant (including but not limited to Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walgreen Co., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.

3. General Terms
This agreement is subject to the requirements of the CVS Settlement Agreement, as well as applicable law, and the CVS Settlement Agreement governs over any inconsistent provision of this CA CVS Allocation Agreement. Terms used in this CA CVS Allocation Agreement have the same meaning as in the CVS Settlement Agreement unless otherwise defined herein.

Pursuant to Section V(E)(1) of the CVS Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the CVS Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.

4. State Allocation
The Settlement Fund payments to California,1 pursuant to the CVS Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA CVS Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”).
1 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 4 e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the CVS Settlement Agreement and this CA CVS Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2.
ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the CVS Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or (5) interventions to prevent drug addiction in vulnerable youth. c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list.
d) For the avoidance of doubt, and subject to the requirements of the CVS Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 5 ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the CVS Settlement Agreement and this CA CVS Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.
iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the CVS Settlement Agreement and this CA CVS Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the CVS Settlement Agreement or this CA CVS Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern. c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the CVS Settlement Agreement or this CA CVS Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement. e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 6 C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the CVS Settlement Agreement and this CA CVS Allocation Agreement, to fund future Opioid Remediation and reimburse past opioidrelated expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.

D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the CVS Settlement Agreement, and, if applicable, the Teva Settlement Agreement, Allergan Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, Walgreens Settlement Agreement, and Walmart Settlement Agreement.

A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”), pursuant to Exhibit R, section I(Y), of the CVS Settlement Agreement and the MDL Fees Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the CVS Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back-Stop Agreement. Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 7 representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the CVS Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.

5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the CVS Settlement Agreement and this CA CVS Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the CVS Settlement Agreement and this CA CVS Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section V(B)(2) of the CVS Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and CVS.

6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA CVS Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b) Except as provided in the CVS Settlement Agreement, this CA CVS Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c) Except as provided in the CA CVS Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the CVS Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California.

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 9 The undersigned, Malibu city, ACKNOWLEDGES acceptance of this Proposed California StateSubdivision Agreement Regarding Distribution and Use of Settlement Funds – CVS Settlement is a requirement to be an Initial Participating Subdivision in the CVS Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – CVS Settlement. EXECUTED on /date_1_cvs/.

Signature: /signer_1_teva_allergan/
Name: /name_1_teva_allergan/
Title: /title_1_teva_allergan/
Date: /date_1_cvs/
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA APPENDIX 1
DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—CVS Settlement, whereas the percentages shown in the Abatement Percentage column should not change.

Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section X and Exhibit R of the CVS Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, or Section IX and Exhibit R of the Walmart Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first.
c) Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.

2. Cost Reimbursement to Plaintiff Subdivision
a) Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating National Opioid Settlements with various manufacturers, distributors, and chain pharmacies.
b) Claims Procedure.
i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in part, from funds available under Section X and Exhibit R of the CVS Settlement DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 7
Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, Section IX and Exhibit R of the Walmart Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date. ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt.
v. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 8
reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment. vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section V(B)(2) of the CVS Settlement Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and CVS a report of the fees and expenses incurred by the Special Master pursuant to Section V(B)(2) of the CVS Settlement Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section

DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA 1 APPENDIX 3

Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the CVS Settlement Agreement and CA CVS Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the CVS Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the CVS Settlement. [COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the CVS Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] 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 BackStop Agreement” in Exhibit R of the CVS 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 [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA

OFFICE OF ATTORNEY GENERAL ROB BONTA
JANUARY 27, 2023
PAGE 3
SO AGREED BY AND ON BEHALF OF THE STATE OF CALFORNIA:

N e
Title: t Attorney General
Date:
8524664.1
1/30/2023
DocuSign Envelope ID: 3E9A6F8D-E6D6-483F-9AB8-A5769947E1EA

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Malibu City CouncilApril 10, 2023

Malibu City Council
April 10, 2023