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Exhibit 1: FEDERAL TERMS <br /> In case of conflict between these Federal Terms and the Agreement,the following order of priority shall be <br /> utilized: (1) Federal Terms,and (2)Agreement. <br /> 1. Grantee understands and agrees that funds provided under this Agreement may come from a federal <br /> 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, managerial and <br /> financial capacity to ensure proper planning, management and completion of the work detailed <br /> in the Scope of Work(Exhibit 2). <br /> B. Technical Assistance. If,at any time, Grantee believes its capacity is compromised or Grantee <br /> otherwise needs any sort of assistance, it shall immediately notify the City. The City will make <br /> best efforts to provide timely technical assistance to Grantee to bring Grantee into compliance. <br /> C. Compliance with Act. Grantee understands and agrees that funds provided under the <br /> Agreement may only be used in compliance with section 603(c)of the Social Security Act(the <br /> "Act"),as added by section 9901 of the American Rescue Plan Act("ARPA"),the U.S. Department <br /> of Treasury's("Treasury's") regulations implementing that section, and guidance issued by <br /> Treasury regarding the foregoing. <br /> D. Definitions. The term "Grantee"shall refer to an individual or entity who receives funds from the <br /> City, but shall not include a"Subrecipient,"as defined in 2 C.F.R.200.1 and as determined in the <br /> 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 attached exhibits,each <br /> 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 eligible <br /> expenditures as described in the Agreement,these Federal Terms(Exhibit 1),and Scope of Work <br /> (Exhibit 2). No grant funds may be used to pay or reimburse expenditures for which Grantee has <br /> received any other funding,whether state,federal or private in nature,for that same expense. <br /> B. Grantee Certifications. Prior to any disbursement of funds authorized by this Agreement,Grantee <br /> shall provide the City with:Cost Certification (Exhibit 3),Civil Rights Certification Form(Exhibit 4), <br /> the Lobbying Certification Form(Exhibit 5),and, if activity occurs,the Lobbying Disclosure Form <br /> (Exhibit 6). <br /> C. Reports. Grantee shall provide the City with additional information and documentation upon <br /> request, including completing any reports deemed necessary for the City to comply with <br /> documentation, reporting,or audit requirements. <br /> W E R E T T <br /> WASHINGTON Everett Forward Grant Program Agreement Page 5 <br />