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Alameda CTC Agreement No. A26-00XX <br />Page 5 of 9 <br />2026 MPFA <br /> <br /> <br /> <br /> <br /> <br />B. RECIPIENT’S DUTIES AND OBLIGATIONS <br /> <br />1. RECIPIENT shall expend all Measure BB and VRF funds received in compliance with the <br />applicable guidelines and Plan(s), including the Implementation Guidelines and performance measures, as <br />they may be adopted or amended by ALAMEDA CTC from time to time. <br /> <br />2. RECIPIENT shall set up and maintain an appropriate system of accounts to report on <br />Measure BB and VRF funds received. RECIPIENT must account for Measure BB and VRF funds, including <br />any interest received or accrued, separately for each fund type, and from any other funds received from the <br />ALAMEDA CTC. The accounting system shall provide adequate internal controls and audit trails to facilitate <br />an annual compliance audit for each fund type and the respective usage and application of said funds. <br />ALAMEDA CTC and its representatives, agents and nominees shall have the absolute right at any reasonable <br />time to inspect and copy any accounting records related to such funds, except to the extent specifically <br />prohibited by applicable law. <br /> <br />3. RECIPIENT shall expend Measure BB and VRF funds in compliance with the Timely Use of <br />Funds Policies for Direct Local Distributions, as they may be adopted or amended by the COMMISSION from <br />time to time. <br /> <br />4. RECIPIENT hereby agrees to and accepts the formulas used in the allocation of Measure BB <br />and VRF revenues as reflected in the ballot measures, the Measure BB Expenditure Plan, and the VRF <br />Expenditure Plan, and agrees to accept and utilize the California Department of Finance Estimates of <br />Population figures (Report E-1, updated each May) for California cities and counties for the annual update of <br />the sales tax allocation formulas to begin in each new fiscal year and registered vehicle data provided by the <br />California Department of Motor Vehicles when available. <br /> <br />C. OTHER EXPENDITURE RESTRICTIONS <br /> <br />1. Transportation Purposes Only: RECIPIENT shall use all Measure BB and VRF funds solely <br />for transportation purposes as defined by the authorizing ballot measures. Any jurisdiction that violates this <br />provision must fully reimburse all misspent funds, including all interest which would have been earned <br />thereon. <br /> <br />2. Non-Substitution of Funds: RECIPIENT shall use Measure BB funds and VRF funds to <br />supplement and not replace existing property taxes used for transportation purposes. <br /> <br />3. Fund Exchange: Any fund exchanges made using Measure BB or VRF funds must be <br />made for transportation purposes. ALAMEDA CTC will consider exchange proposals on a case-by-case basis. <br /> <br />4. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects <br />associated with Measure BB and VRF programs, including direct staff costs and consultant costs, are eligible <br />uses of Measure BB and VRF funds. ALAMEDA CTC does not allow indirect costs, unless the RECIPIENT <br />submits an independently audited/approved Indirect Cost Allocation Plan. <br />Page 65 of 846