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CUSTOMER SERVICES AGREEMENT
<br /> THIS AGREEMENT is made and entered into on this day of QtVI U.""`7 , 20 a-I , by and
<br /> between the City of Everett, A MUNICIPAL CORPORATION herein fter 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:`\NEWBUSIN SS\MARKETINGMATERIALS\SHAKEALERT\CONTRACTTEMPLATES\PILOTTOLTOTRANSITION\COE\CSA AGMT COESHAKEALERT 2020.DOCX
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