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CUSTOMER SERVICES AGREEMENT
<br />THIS AGREEMENT is made and entered into on this day of , 20 , by and
<br />between the City of Everett, A MUNICIPAL CORPORATION hereinafter called the "Client," and the
<br />consulting firm RH2 Engineering, Inc, whose address is, 22722 29th Drive SE, Suite 210, Bothell,
<br />Washington 98021, hereinafter called the "Consultant."
<br />WHEREAS, the Client deems it advisable to engage the assistance of a qualified professional consulting
<br />firm to provide a server connection in order to receive United States Geological Survey (USGS) ShakeAlert
<br />Materials; and
<br />WHEREAS, the Consultant is a licensee under a USGS ShakeAlert License to Operate, operates in
<br />compliance with the statutes of the State of Washington for registration of professional engineers, has a
<br />current valid corporate certificate from the State of Washington or has a valid assumed name filing with
<br />the Secretary of State, and personnel to be assigned to the work required under this Agreement are
<br />qualified to perform the work to which they will be assigned, and sufficient qualified personnel are on staff
<br />or readily available to the Consultant to support this Agreement, and
<br />WHEREAS, the USGS ShakeAlert License to Operate executed by USGS and the Consultant contains certain
<br />terms and conditions that are required to be included in this Customer Services Agreement and are non-
<br />negotiable,
<br />NOW, THEREFORE, the Client and the Consultant agree as follows:
<br />Compliance. Client will comply with all applicable USGS requirements, procedures, policies, and
<br />regulations for the ShakeAlert Materials and server connection.
<br />Warranties. USGS and the Consultant do not warrant that the ShakeAlert Materials will always function,
<br />in all geographic areas, without interruption, be error -free, or that any errors will be corrected. All
<br />ShakeAlert Materials are provided ' AS IS" and without any warranty expressed, implied, or otherwise,
<br />regarding its accuracy or performance. Any reliance upon the ShakeAlert Materials is at the express and
<br />sole risk of the Client. Consultant makes no warranty with respect to any technology, goods, or services
<br />using the ShakeAlert Materials and data derived therefrom and hereby disclaims any warranties of
<br />merchantability or fitness for a particular purpose.
<br />The ShakeAlert Materials include:
<br />a. ShakeAlert Data, which consists of real-time data streams that may include parameters derived
<br />from ground motion records, ground motion estimates, or earthquake source information
<br />including origin time, location, magnitude, and fault rupture description and duration, these
<br />information streams begin shortly after an earthquake starts and update as the earthquake
<br />develops;
<br />b. ShakeAlert API (Application Programming Interface), which is an application programming
<br />interface that delivers the ShakeAlert Data;
<br />c. ShakeAlert UserDisplay, which is a demonstration application run on a user's device, presenting
<br />visual and audio information about the earthquake, its magnitude, and when it will arrive at the
<br />user's location;
<br />d. ShakeAlert server connections other software, algorithms, associated media, printed materials,
<br />data, files and information, and any online or electronic documentation; and
<br />Z\NEWBUSINESS\MARKETING MATERIALS \SHAKEALERT\CONTRACTTEMPLATES \PILOTTOLTOTRANSITION\COE\CSA AGMT COE SHAKEALERT 2020.DOCX
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