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<br />Everett Forward Grant Program | Agreement | Page 5 <br />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 />A. Scope of Eligible Costs. Grant funds may only be used to pay or reimburse eligible costs as described <br />in the Agreement, these Federal Terms (Exhibit 1), and Scope of Work (Exhibit 2). No grant funds <br />may be used to pay or reimburse costs for which Grantee has received any other funding, whether <br />state, federal or private in nature, for that same cost. <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 />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