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<br />Where such claims, suits, or actions result from concurrent negligence of the Parties, the indemnity <br />provisions provided herein shall be valid and enforceable only to the extent of the Party's own negligence. <br /> <br />Each Party by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that <br />would otherwise be available against such claims under the industrial insurance provisions of Title 51 <br />RCW. <br /> <br />This indemnification shall survive the termination of this Agreement. <br /> <br />3.5. Compliance with Federal Award Obligations. The Award is subject to, and EVERETT shall comply <br />with, the terms and conditions of the Award and the Department of Transportation General Terms and <br />Conditions (February 8, 2023) (see attachments 1 and 2), including all applicable statutes, regulations, <br />executive orders (E.O.s), Office of Management and Budget (OMB) circulars, provisions of the OMB <br />Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards <br />(codified at 2 C.F.R. Part 200) (OMB Uniform Guidance), and approved applications. <br />EVERETT is also a party to the award, and the parties want EVERETT to carry out certain Project <br />components with PSRC’s assistance, financial management, internal controls, and oversight as described <br />in Article 17 of this agreement. PSRC, as a pass-through entity, shall monitor the activities EVERETT in <br />compliance with 2 C.F.R 200 332(d) with respect to a subrecipient’s performance of work under a <br />subaward of this SS4A Grant. <br />4.0. BUDGET & PAYMENT PROCEDURE <br /> <br />4.1. Budget <br /> <br />The estimated budget to accomplish the tasks described in the Scope of Work for this is incorporated in <br />Exhibit B of this Agreement. This budget reflects the Parties' best estimates of the amounts that may be <br />required to accomplish the total work under this Agreement. Actual amounts reimbursable shall be based <br />on actual work performed. In the event it is determined that the Scope of Work has been accomplished by <br />EVERETT for a lesser amount, PSRC shall only pay reimbursements for documented costs. In no event <br />shall EVERETT be paid for costs that are not documented pursuant to the requirements of this <br />Agreement. <br /> <br />4.2. Payments/Invoices <br /> <br />PSRC shall reimburse EVERETT not more often than monthly for costs incurred in the performance of <br />this Award, which are determined to be allowable, allocable, & reasonable in accordance with 2 CFR Part <br />200. All invoices shall be submitted using EVERETT’s standard invoice, but at a minimum shall include <br />current and cumulative costs, subaward number, and certification (Exhibit C), as required in 2 CFR <br />200.415 (a). PSRC shall not transfer nor be obligated to transfer any funds in advance of its approval of <br />such requests. <br /> <br />Documentation of all expenses eligible for reimbursement shall be maintained by EVERETT and shall, <br />upon request by PSRC, be provided prior to reimbursement as required by this Award. All invoices <br />presented for payment shall include a reasonable description of the tasks performed that correspond to <br />the amounts invoiced. <br /> <br />To assure payment processing in a timely manner, EVERETT shall submit all invoices, required reports, <br />and documentation to the attention of: <br /> <br />PSRC <br />Attn: Patty Mosure <br />1011 Western Ave, Suite 500 <br />Seattle, WA 98104 <br />206-971-3291 <br /> <br />PSRC’s shall review and pay reimbursable amounts within 45 days of receipt of the invoice.