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Agreement No.D09-032 City Request for CAP Funds Prior to disbursement of CAP Funds, City shall provide County with a request for CAP Funds listing the proposed project(s), delineating all costs for project design, construction, and constn~ctian management that comply with Prop. 42 Requirements, and referencing Agreement by number. City shall also provide documentation, such as a city council minute order, indicating. award of the project(s),. the contractor to which the project(s) was awarded, and the amount of award, which. award must be greater than the amount of the request (collectively, '`CAP Funds Request"). 2, procedures for the Disbursement of CAP Funds 2.1 After County reviews and confirms eligibility of City's CAP Funds Request, County will disburse CAP Funds to City in accordance with this Section 2 in an amount not to exceed $824,311.00. 2.2 County will disburse CAP Funds to City in the order it receives eligible CAP Funds Requests from all participating cities, i.e., on a "first come, first served" basis. County will disburse CAP Funds to City upon County's receipt of its fiscal. year 09/10 Prop. 42 allocations from the State. CAP Funds will not be disbursed to City until such time that adequate Prop. 42 funds are made available to County to pay all participating cities which have previously submitted eligible CAP Funds Requests. 2.3 CAP Funds shall be allocated proportionally based on the percentage of City's population compared to the total population of all participating cities as of the latest estimates published by the Demographic Research Unit of the California Department of Finance. 2.4 County's disbursement of CAP Funds is subject to the State's allocation of Prop. 42 funds to County including, but not limited to, allocation delays by the State or changes to Prop. 42 Requirements. 3. City Obli ations 3.1 In order to receive CAP Funds, City shall maintain its existing Maintenance of Effort ("MOE") of local funds for street and highway, maintenance, rehabilitation, reconstruction, and storm damage repair. City must annually expend from its general fund for street, road, and highway purposes an amount not less than the annual average of its expenditures from its general fund during the 1996-97, 1997-98, and 1998-99 fiscal years, as reported to the State Controller pursuant to Streets and Highways Coda; Section 2151. 3.2 City must expend its CAP Funds between July 1, 2009 and June 30, 2011. Any CAP Funds not expended by June 30, 2011 ("Deadline") shall promptly be returned to County. but in no event shall City return GAP Funds later than August 31, 2011. 3.3 If City determines at any time that City cannot expend its CAP Funds by the Deadline, City shall immediately notify County in writing of this deterrnir~ation. City shall then Page 2 of 6 25C-4