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<br />" <br /> <br />, ();, <br /> <br />Agreement No. D07-159 <br /> <br />SECTION II <br /> <br />City shall: <br /> <br />A. Maintain its existing "Maintenance of Effort" (MOE) of local funds for street and <br />highway, maintenance, rehabilitation, reconstruction, and storm damage repair. The City must <br />annually expend from its general fund for street, road, and highway purposes an amount not less <br />than the annual average of its expenditures from its general fund during the 1996-97, 1997-98, <br />and 1998-99 fiscal years, as reported to the controller pursuant to the Streets & Highways Code <br />Section 2151, in order to participate in the County Proposition 42 City Aid Program. <br /> <br />B. Provide County with invoice, along with proof of award documentation, for its <br />project(s) in order to receive CAP funds. Each City project will require invoice and proof of <br />award documentation. CAP allocation will be based on the contract award amount. County will <br />not begin disbursing allocations until County has received its first Prop. 42 allocation from the <br />State for fiscal year 08/09. After County has received its first Prop. 42 allocation, County will <br />disburse a CAP allocation to the City upon receipt of invoice and award documents on a first <br />come first serve basis. County's CAP allocations are subject to receiving Prop. 42 allocations <br />from the State. <br /> <br />C. After receiving CAP funds from the County, advise the County, no later than two <br />(2) months before the end of the expenditure cycle of each year, of any CAP funds that the City <br />determines will not be expended within the time requirements of CAP. Any such CAP funds the <br />City will be unable to expend by the deadline shall be returned to the County a minimum of <br />thirty (30) calendar days prior to the end of the respective expenditure cycle. The County will <br />attempt to reallocate these funds to other County projects that will expend the funds within the <br />time requirements; However if the County is unable to expend or reallocate these funds, they <br />will be returned to the State. <br /> <br />D. Expend CAP funds no later than June 30, 2010. Eligible expenditure for fiscal <br />year 08/09 CAP allocation must occur between July 1, 2008 and June 30, 2010. Any funds not <br />expended by this deadline shall be returned to the County in a timely manner, but no later than <br />60 days. <br /> <br />E. Prepare and submit to County annually, no later than August 31, 2010, CAP <br />expenditure certification for all project(s) completed that corresponding fiscal year. This <br />certification is a list of projects and a statement that each project meets Prop. 42 requirements <br />and is in compliance with the purposes of CAP (See CAP for sample of certification). <br /> <br />F. In the event of an audit by the State, provide State all project and finance <br />documentation as required within the time frame specified by the State. City shall attend all <br />audits involving its CAP projects as required by State. If the State finds that any City <br />expenditure is ineligible or out of compliance with Prop. 42 requirements, that expenditure shall <br />be reimbursed to the County, which will be returned to the State. The City shall reimburse the <br /> <br />Page 3 of7 <br />