HomeMy WebLinkAboutAeronautical Information Management of the FAA - Memo of Agreement re: NOTAM Manager System MEMORANDUM OF AGREEMENT BETWEEN
Aeronautical Information Management (AIM) of the
Federal Aviation Administration (FAA)
AND
Yakima Air Terminal /McAllister Field
ARTICLE 1. PARTIES
The parties to this Agreement are the Aeronautical Information Management Directorate
of the Federal Aviation Administration (FAA) and the Yakima Air Terminal /McAllister Field, referred to
as Airport hereafter.
ARTICLE 2. SCOPE
a. Purpose:
The purpose of this Agreement between the FAA and Airport is to improve the quality and timeliness of
important flight information by deploying a new direct -entry digital Notice to Airmen (NOTAM) system
for airport operators called the NOTAM Manager System.
b. Specific goals and objectives to be accomplished:
Airport direct -entry NOTAMs will be limited to the following airport surface area NOTAMs (the "D"
NOTAMs) including the keywords: aerodrome /service, runway, taxiway, apron /ramp and obstruction,
unless specifically expanded by a modification of this agreement.
The objectives of this project include:
1) The FAA will provide a Web -based service, Airport NOTAM Manager System, which allows the
airport operator to submit airport surface area NOTAMs directly into the Federal NOTAM System (FNS)
rather than going through Flight Service;
2) The airport operator will provide the FAA with feedback on the suitability of the Airport NOTAM
Manager System and suggestions on how to improve the system including input to the FAA's human
factors consultants.
3) If applicable, the FAA will deactivate all ENII accounts 60 days after the activation of NOTAM
Manager at the Airport.
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c. Management of the project:
The management of this project will be done by the FAA's Aeronautical Information Management
Directorate (AJV -2).
d. Roles and responsibilities:
Parties are bound by a duty of good faith and best effort in achieving the goals and objectives in Article
2 of this Agreement.
Airport will use its best efforts to protect password information to permit use of the FAA's Airport
NOTAM Manager System, and Airport will provide password information only on a need -to -know basis.
The FAA will use its best efforts to ensure the Airport NOTAM Manager System operates at
optimal performance level as designed.
e. Contributions of the Parties:
The FAA will provide:
1) a password function to the Airport NOTAM Manager System which allows access to it by the airport
operators;
2) the initial training of its personnel on how to use the system and a user manual;
3) a NOTAM subject matter expert (SME) during the initial phase of deployment to assist the airport
personnel (direct- assist) with the new Airport NOTAM Manager System;
4) a point of contact person, (Customer Support Group), to respond to any questions which arise after
deployment;
5) telephonic technical support to assist Airport during the term of this agreement; and
6) a completed Safety Risk Management Document on the airport NOTAM Manager System.
Airport will provide:
1) the personnel and Web - accessible computers, Internet access, and any related and required
equipment, to allow operation of the Airport NOTAM Manager System;
2) feedback on how the system is operating and how it might be improved;
3) the continuing ability to return to the existing legacy NOTAM system if the Airport NOTAM Manager
System is not operating as required to maintain the safety of the airport.
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4) at least one airport training POC to receive a formal live or virtual training session prior to activation,
provided by a designated FAA representative, on the Airport NOTAM Manager System.
ARTICLE 3. EFFECTIVE DATE
The effective date of this Agreement is from the date of deployment of NOTAM Manager at the airport.
ARTICLE 4. REPORTING REQUIREMENTS
Airport shall report any suggestions on improvement of the Airport NOTAM Manager System to the
FAA through their Point of Contact and assist the FAA's human factors personnel with their research on
improvements to the Airport NOTAM Manager System.
ARTICLE 5. INTELLECTUAL PROPERTY
a. Rights in Data
The Government retains Government Purpose Rights in all data developed under this agreement.
Airport agrees not to reverse - engineer any of the software, forms, or databases, including those
accessible through the password - protected system described above, but shall use its access only for
the purposes set out herein.
"Data" means recorded information, regardless of form or method of recording, which includes but is
not limited to, technical data, computer software, trade secrets, and mask works. The term does not
include financial, administrative, cost, pricing or management information.
"Government Purpose Rights" means the rights to —
(1) Use, modify, reproduce, release, perform, display, or disclose data within the government without
restriction; and,
(2) Release or disclose technical data outside the government and authorize persons to whom release
or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose that data
for government purposes.
"Government Purpose" means any activity in which the United States Government is a party, including
cooperative agreements with international or multi - national defense organizations, or sales or transfers
by the United States Government to foreign governments or international organizations. Government
purposes include competitive acquisition by or on behalf of the government, but do not include the
rights to use, modify, reproduce, release, perform, display, or disclose data for commercial purposes or
authorize others to do so.
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ARTICLE 6. LEGAL AUTHORITY
This Agreement is entered into under the authority of 49 U.S.C. 106(1) and (m), which authorizes
agreements and other transactions on such terms and conditions as the Administrator determines
necessary.
ARTICLE 7. POINTS OF CONTACT
FAA Program Office/Technical Officer
Glenn L. Sigley, Manager, AIM Systems Group, AJV -26
Jeffrey C. Barnes, Aeronautical Information Specialist, AJV -26
Airport Party
Robert K. Peterson, Airport Manager, Yakima Air Terminal /McAllister Field
ARTICLE 8. FUNDING AND PAYMENT
There will be no exchange of moneys since each party shall bear their own costs to implement this
project and meet the goals and objectives of it as outlined above.
ARTICLE 9. APPROVAL OF SUBCONTRACTORS
There shall be no airport subcontractors involved on this project.
ARTICLE 10. CHANGES, MODIFICATIONS
Changes and /or modifications to this Agreement shall be in writing and signed by Director, AIM and
Airport Management. The modification shall cite the subject Agreement, and shall state the exact
nature of the modification. No oral statement by any person shall be interpreted as modifying or
otherwise affecting the terms of this Agreement.
ARTICLE 11. TERMINATION
In addition to any other termination rights provided by this Agreement, either party may terminate this
Agreement at any time, with or without cause, and without incurring any liability or obligation to the
terminated party (other than the performance of obligations accrued on or prior to the termination date)
by giving the other party at least thirty (30) days prior written notice of termination. Upon receipt of a
notice of termination, the receiving party shall take immediate steps to stop the accrual of any additional
obligations.
Either party may terminate this agreement immediately if either party determines that the safety of the
airport is affected and return immediately to the existing NOTAM entry process currently in use prior to
the initial deployment of the NOTAM Manager System.
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ARTICLE 12. ORDER OF PRECEDENCE
In the event of any inconsistency between the terms of the Agreement, the inconsistency shall be
resolved by giving preference in the following order:
(a) The Agreement,
(b) The Attachments.
ARTICLE 13. CONSTRUCTION OF THE AGREEMENT
This Agreement is an "other transaction" issued under 49 U.S.0 106 (I) and (m) is not a procurement
contract, grant or cooperative agreement. Nothing in this Agreement shall be construed as
incorporating by reference or implication any provision of Federal acquisition law or regulation.
Each party acknowledges that all parties hereto participated equally in the negotiation and drafting of
this Agreement and any amendments thereto, and that, accordingly, this Agreement shall not be
construed more stringently against one party than against the other.
ARTICLE 14. DISPUTES
Where possible, disputes will be resolved by informal discussion between the parties. In the event the
parties are unable to resolve any disagreement through good faith negotiations, the dispute will be
resolved by AIM management of the FAA.
ARTICLE 15. WARRANTIES
The FAA makes no express or implied warranties as to any matter arising under this agreement, or as
to the ownership, merchantability, or fitness for a particular purpose of any property, including any
equipment, device, or software that may be provided under this Agreement.
ARTICLE 16. LIABILITY
The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction
by airport, its employees, or contractors, or any third party acting on its behalf. Each party agrees to be
responsible for injury, death or property damage arising out of or in connection with its own acts or
omissions under this Agreement, however, neither party waives its rights to sovereign immunity.
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ARTICLE 17. PROTECTION OF INFORMATION
The parties agree that they shall take appropriate measures to protect proprietary, privileged, or
otherwise confidential information that may come into their possession as a result of this Agreement.
AGREED:
Feder Aviation Administration
By• A Date: ) d ( iki.
4j✓ Glenn L. Sigl -y, Manager, Al • Y- - Group, AJV -26
Ya - 4 , inal /Mc ' Iliste iel f
Date::? 3f 1
Tony O'Rourke, Ci : Manager
CITY CONTRAC r NO: ��j
RESOLUTION NO: /I/
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