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` EVERETT <br /> WASHINGTON <br /> City of Everett Coronavirus Local Fiscal Recovery Fund <br /> Everett Forward Grant Beneficiary Agreement— Exhibit 1 <br /> FEDERAL TERMS <br /> In case of conflict between these Federal Terms and the Agreement, the following order <br /> of priority shall be utilized: (1) Federal Terms, and (2) Agreement. <br /> 1. Grantee understands and agrees that funds provided under this Agreement may come <br /> from a federal source and agrees to comply with any and all additional applicable terms. <br /> A. Grantee Capacity. Grantee agrees and confirms that it has the institutional, <br /> managerial and financial capacity to ensure proper planning, management and <br /> completion of the work detailed in the Scope of Work (Exhibit 2). <br /> B. Technical Assistance. If, at any time, Grantee believes its capacity is compromised <br /> or Grantee otherwise needs any sort of assistance, it shall immediately notify the <br /> City. The City will make best efforts to provide timely technical assistance to <br /> Grantee to bring Grantee into compliance. <br /> C. Compliance with Act. Grantee understands and agrees that funds provided under <br /> the Agreement may only be used in compliance with section 603(c) of the Social <br /> Security Act (the "Act"), as added by section 9901 of the American Rescue Plan Act <br /> ("ARPA"), the U.S. Department of Treasury's ("Treasury's") regulations <br /> implementing that section, and guidance issued by Treasury regarding the <br /> foregoing. <br /> D. Definitions. The term "Grantee" shall refer to an individual or entity who receives <br /> funds from the City, but shall not include a "Subrecipient," as defined in 2 C.F.R. <br /> 200.1 and as determined in the City's sole discretion. <br /> 2. Agreement Requirements and Incorporated Exhibits. <br /> Grantee shall meet the requirements included in the Agreement and in the following <br /> attached exhibits, each of which is incorporated into the Agreement by reference: <br /> EXHIBIT NAME NUMBER <br /> Federal Terms Exhibit 1 <br /> Scope of Work Exhibit 2 <br /> Cost Certification Exhibit 3 <br /> Civil Rights Certification Form Exhibit 4 <br /> Lobbying Certification Form Exhibit 5 <br /> Lobbying Disclosure Form (if activity occurs) Exhibit 6 <br /> Payment Request Form (if applicable) Exhibit 7 <br /> A. Scope of Eligible Expenditures. Grant funds may only be used to pay or reimburse <br /> eligible expenditures as described in the Agreement, these Federal Terms (Exhibit <br /> 1), and Scope of Work (Exhibit 2). No grant funds may be used to pay or reimburse <br /> expenditures for which Grantee has received any other funding, whether state, <br /> federal or private in nature, for that same expense. <br /> EFG Agreement Exhibit 1—Federal Terms <br /> Page 1 of 5 <br />