US Geological Services 11/9/2020

Template revision date:July 2020 OPA Review#2021ZQ-11505 ShakeAlert ShakeAlert®Earthquake Early Warning System California—Oregon—Washington Technical Engagement Program Evaluation License Agreement (Licensee completes sections marked in red) This Evaluation Phase License Agreement(including all attachments and appendices,collectively the"Agreement") is entered into between the United States Geological Survey("USGS"),a bureau of the U.S.Department of the Interior,having offices at 12201 Sunrise Valley Drive,Reston,Virginia,20192,and City of Everett,Washington,a Washington municipal corporation("Licensee")and is effective on the date of last signature below(the"Effective Date"). Each of USGS and Licensee may also be referred to as a"Party"and together,the"Parties." BACKGROUND a. The USGS is authorized to develop a system capable of providing earthquake warning data to mitigate damage from earthquakes as established by the Disaster Relief Act(P.L.93-288,popularly known as the Stafford Act)and the National Earthquake Hazard Reduction Program,as enacted by the Earthquake Hazards Reduction Act of 1977,42 U.S.C. §§7701 et seq.The data feed in coordination with state and private entities is used to develop mechanisms to respond to the data to notify the public about the earthquake.The USGS,in partnership with the University of Washington,the California Institute of Technology,the University of California at Berkeley,and the University of Oregon is continuing efforts to develop and maintain this Earthquake Early Warning(EEW)system called ShakeAlert®.USGS's earthquake reduction plan is to create an infrastructure where the public receives a notification or alert within seconds of the ShakeAlert system detecting an earthquake,thereby providing warning before destructive shaking arrives. b. This Agreement is entered under the authority of the Federal Technology Transfer Act of 1986,codified in 15 U.S.C. §3710a(a)(2),as amended.The Licensee's authority to enter into the Agreement is pursuant to Washington state law.The purpose of this Agreement is to further the development of the ShakeAlert Materials by granting access to Licensee to evaluate the ShakeAlert Materials'functionality and compatibility with Licensee's products and services.Licensee will provide USGS with feedback regarding the functionality and compatibility of the ShakeAlert Materials,as further detailed below. c. The ShakeAlert Materials licensed under this Agreement include real-time data streams that may include parameters derived from ground motion records,ground motion estimates,or earthquake source information including origin time,location,magnitude,fault rupture description,and duration.These information streams begin shortly after an earthquake is detected and update as the earthquake develops. d. The ShakeAlert Materials licensed under this Agreement include an application,the UserDisplay demonstration module that may run on a LICENSEE'S computer.The UserDisplay presents visual and audio information about an earthquake,and when and how shaking may arrive at the user's location.No user actions are permitted based on outputs of the UserDisplay module or from the real-time data stream. Failure to comply may result in the termination of this agreement. In consideration of the mutual promises set forth herein,the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: I. License. 1.1 Grant. ShakeAlert Evaluation License Agreement,Application,and Statement of Work-07/2020 Page 1 of 10 1