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Alameda CTC Agreement No.A16-0063 5. ALAMEDA CTC shall provide timely notice to RECIPIENT prior to conducting an audit of expenditures made by RECIPIENT to determine whether such expenditures are in compliance with this AGREEMENT,the Measure B Expenditure Plan,the Measure BB Expenditure Plan,or the VRF Expenditure Plan. B. RECIPIENT'S DUTIES AND OBLIGATIONS 1. RECIPIENT shall expend all Measure B,Measure BB,and VRF funds received in compliance with the applicable guidelines and Plan(s),including the Implementation Guidelines and performance measures,as they may be adopted or amended by ALAMEDA CTC from time to time. 2. RECIPIENT shall set up and maintain an appropriate system of accounts to report on Measure B,Measure BB,and VRF funds received.RECIPIENT must account for Measure B,Measure BB,and VRF funds,including any interest received or accrued,separately for each fund type,and from any other funds received from the ALAMEDA CTC.The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds.ALAMEDA CTC and its representatives,agents and nominees shall have the absolute right at any reasonable time to inspect and copy any accounting records related to such funds,except to the extent specifically prohibited by applicable law. 3. RECIPIENT shall expend Measure B,Measure BB,and VRF funds in compliance with the Timely Use of Funds Policies for Direct Local Distributions,as approved by the Commission,and as they may be adopted or amended by ALAMEDA CTC from time to time. 4. RECIPIENT hereby agrees to and accepts the formulas used in the allocation of Measure B, Measure BB,and VRF revenues as reflected in the ballot measures,the Measure B Expenditure Plan,the Measure BB Expenditure Plan,and the VRF Expenditure Plan,and agrees to accept and utilize the California Department of Finance Estimates of Population figures (Report E-1,updated each May) for California cities and counties for the annual update of the sales tax allocation formulas to begin in each new fiscal year and registered vehicle data provided by the California Department of Motor Vehicles when available. C. OTHER EXPENDITURE RESTRICTIONS 1. Transportation Purposes Only:RECIPIENT shall use all Measure B,Measure BB,and VRF funds solely for transportation purposes as defined by the authorizing ballot measures.Any jurisdiction that violates this provision must fully reimburse all misspent funds,including all interest which would have been earned thereon. 2. Non-Substitution of Funds: RECIPIENT shall use Measure B and Measure BB funds, pursuant to the Act,and VRF funds to supplement and not replace existing property taxes used for transportation purposes. Page 5of16