FINAL Revised 10/16/2012 NOS Agreement Code: MOA-2011-0l:l0 (Annex 112)/8528 ANNEX #2 to MEMORANDUM of AGREEMENT NOS-MOA-2011-080 among the NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION U.S. DEPARTMENT OF COMMERCE and ALASKA OCEAN OBSERVING SYSTEM and CONOCOPHILLIPS COMPANY and SHELL OFFSHORE INC. AND SHELL GULF OF MEXICO INC. and STATOIL USA E&P Tnc. FOR THE PURPOSE OF SHARING, ARCHIVING AND DISTRIBUTING ENVIRONMENTAL SCIENCE DATA IN THE U.S. ARCTIC NOS Agreement Code: MOA-2011-080 (Annex #2)/8528 ~ AeQ8 ConocoPhillips _Oooon~_ Page 1 uf 10 Shell Slaloil
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FINAL Revised 10/16/2012 NOS Agreement Code: MOA-2011-0l:l0 (Annex 112)/8528
ANNEX #2
toMEMORANDUM of AGREEMENT
NOS-MOA-2011-080
among the
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATIONU.S. DEPARTMENT OF COMMERCE
and
ALASKA OCEAN OBSERVING SYSTEM
and
CONOCOPHILLIPS COMPANY
and
SHELL OFFSHORE INC. AND SHELL GULF OF MEXICO INC.
and
STATOIL USA E&P Tnc.
FOR THE PURPOSE OF SHARING, ARCHIVING AND DISTRIBUTINGENVIRONMENTAL SCIENCE DATA IN THE U.S. ARCTIC
NOS Agreement Code: MOA-2011-080 (Annex #2)/8528
~AeQ8 ConocoPhillips_Oooon~_
Page 1 uf 10Shell
Slaloil
ANAL RevUed 10/1612012
I. PARTIES AND PURPOSE
NOS Agreement Code: MOA-20 11-080 (AMex #2)18528
A. This Annex #2 is entered into pursuant to Section IV of the Memorandum 0/Agreement dated 23 August, 2011, by and among the National Oceanic andAtmospheric Administration, u.s. Department o/Commerce. and Shell Explorationand Production Company,·ConocoPhillips Company, and Statoil USA E&P lnc.forthe Purpose o/Supporting Collaborative Arctic Coastal And Ocean Science in U.S.Arctic Waters (NOS Agreement Code: MOA-2011-080/8400) (hereinafter referred toas "the Agreement") and is subject to the Agreement.
B. The parties to this Annex #2 are the National Oceanic and AtmosphericAdministration (NOAA), U.S. Department of Commerce, the Alaska OceanObserving System (AOOS), which is part of the NOAA-coordinated U.S. IntegratedOcean Observing System, and Shell Gulf of Mexico Inc. (SGOMI) and ShellOffshore Inc. (SOl) (SGOMI and SOl being hereinafter collectively referred to as"Shell"), ConocoPhillips Company, and Statoil USA E&P Inc. (hereinafter referred toas "Industry Parties"), individually and collectively referred to herein as "Party" or"Parties. "
C. The purpose of this Annex #2 is for Industry Parties to provide Arctic environmentalscience data to ADOS so that ADOS can make these data available for analysis anduse by NOAA researchers and others in the scientific research commWlity,operational NOAA programs and the general public.
II. AUTHORITIES
A. The legal authorities for NOAA to participate in this Annex #2 are:
I. The Coast and Geodetic Survey Act, 33 U.S.C. § 883a et seq., whichauthorizes the Secretary of Commerce (NOAA) to, inter alia, conect anddisseminate a variety of data for scientific and engineering purposes. The Actalso authorizes NOAA to enter into agreements with, and to receive andexpend funds made available by, any State or subdivision thereof, any Federalagency, or a public or private organization, or individual, for surveys orinvestigations authorized by the Act, or for performing related surveying andmapping activities, including special-purpose maps, and for the preparationand publication of the results thereof, and to establish the terms of anyagreement entered into under the Act, including the amount of funds to bereceived, and to contribute that portion of the costs incurred by NOAA,including ship time and personnel expenses, which NOAA determinesrepresents the amount of benefits derived by the Administration from theagreement;
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FINAL Revised 10/16/2012 NOS Agreement Code: MOA-2011-080 (Annex 112)/8528
2. The Marine Mammal Protection Act (MMPA), 16 U.S.C. § 1361 et seq.,which provides for the protection of marine mammals, with the primaryobjective of maintaining the health and stability ofthe marine ecosystem andwhich authorizes the Secretary of Commerce to enter into such contracts,leases, cooperative agreements, or other transactions as may be necessary tocarry out the purposes of subchapter II or subchapter V of the MMPA and onsuch terms as deemed appropriate with any Federal or State agency, public orprivate institution, or other person; and
3. The Integrated Coastal and Ocean Observation System Act of2009, 33 V.S.C.§§ 3601 et seq., which establishes NOAA as the Federal lead agency for theimplementation and administration of the Integrated Ocean ObservingSystem.
III, STATEMENTOFWORK
A. Under this Annex #2, the Industry Parties, in their individual sole discretion, willprovide to AOOS copies of environmental science data acquired by the IndustryParties described in Exhibit 2-A attached hereto ("Information"). Exhibit 2·A willinclude Information description, source, format, time period, location, ownership;identify the Party submitting the Information and the current location or procedure forsubmitting Information to AOOS.
Exhibit 2-A shall be reviewed on an annual basis by the Parties to update submissionprocedures, information offerings, and instrumentation setup, as appropriate.Notwithstanding the foregoing, each Industry Party may in its sole discretion submitadditional exclusively owned information, pursuant to this Annex #2, upon writtennotice to all Parties, including a detailed description of the additional information tobe submitted.
It is the intention of the Industry Parties to transmit the Information to AOOS;however, failure to provide all Information docs not give rise to any claim or liability.Nothing in the Agreement conveys or transfers any ownership rights in or to theInformation.
Information provided may include data resulting from discrete observations or livestreams that have been verified through defined quality assurance/quality control andcalibration procedures, derivative data produced by analysis of discrete observationsor the output from models, or reports that have been produced through incorporationand processing of these data. Information will be transmitted pursuant to Exhibit 2·A.Information submitted will include full metadata to the extent available, including anyrestrictions on publication and requirements for attribution in order to encourageresponsible use and care of the data. Metadata describes the location, instruments,
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FINAL Revised IO/16n012 NOS Agreement Code: MOA-2011-080 (Annex 112)/8528
methods used to collect and analyze the data, and other information regarding thedata. The Industry Parties agree to provide appropriate metadata and to updatechanges to the metadata when they occur (e.g. to update the location information ifthe instrument is moved). Unless otherwise stated, the rights to use and redistributionof the data itself, described in Exhibit 2-A, also apply to metadata associated with thedata.
B. Once the Information is received, AOOS will, at no cost to the Industry Parties,provide:
I. A secure website to enable users to discover and access Industry Parties'Information as detailed in Exhibit 2-A.
2. A mirror site to store Exhibit 2-A Information in a secure archive forenhanced security and backup redundancy.
3. Timely archival of and access to Exhibit 2-A Information.4. Maintenance of the integrity and lineage of Exhibit 2-A Information provided
in Exhibit 2-A, by developing procedures for accreditation and immutabilityof Exhibit 2-A Information for all data provided to the public.
5. Procedures for and regular tracking/reporting of third party use of Exhibit 2-AInformation.
6. Integration of the Exhibit 2-A Information into regional scientific products.
C. NOAA will, at no cost to the Industry Parties, provide:
1. Through the U.S. AOOS Program Office:a. A coordination role betwccn NOAA and AOOSb. National-level visibility of the Exhibit 2-A Information.
2. Through the NOAA National Data Centers:a. A permanent stewarded data archive for Exhibit 2-A Information, as
detailed in Exhibit 2-A, which in some cases may be retrieved throughthe AOOS data website described in section III.B.l.
b. Timely archival of and access to Exhibit 2-A Information.c. Integration of Exhibit 2-A Information into scientific products (i.e.,
World Ocean Database, bathymetric databases, State ofthe Climatereports).
d. Public access to information resulting from collaboration under thisAnnex #2 '
e. Compliance with OMB and NOAA guidelines implementing theInformation Quality Act prior to the dissemination to the public ofinformation resulting from collaboration under this Annex #2.
Page 4 of 10
FINAL Revised 101/612012
IV. TERMS AND CONDITIONS
NOS Agreemenl Code: MOA·2011·080 (Annex 112)18528
A. Disclosure. The Parties agree that the Industry Parties are not limited by this Annex#2 or the overarching Agreement, and may share the same Information provided toNOAA and AOOS herein with any entity as they see fit. Each Party wil1recognizeeach other, as appropriate, as the source of any Information used in presentations,reports, peer-reviewed literature, newsletters, and Web communications.
B. Claims and Liabilities. Each Party shall be solely responsible for any claims,liabilities or obligations related to its disclosure or acceptance of Information, and forany damages it incurs arising from or related to the acquisition, distribution,maintenance, archiving, or use of any Information, including personal injury or death,property damage, and/or environmental liabilities. Such adjudications against NOAAwil1be promptly pursued under the Federal Tort Claims Act, 28 U.S.C. § 2671 et.seq., the Federal Employees Compensation Act, 5 U.S.C. § 8101 et seq., or such otherlegal authority as may be pertinent. Notwithstanding the foregoing, no IndustryParty shall have any obligation or liability to any other Industry Party for accessing,receiving, using or relying upon in any way, any Information provided by each of theIndustry Parties pursuant to this Annex #2.
C. Dispute Resolution. In the event of a dispute among the Parties concerning theinterpretation or performance of any aspect of this Annex #2, the Party initiating suchdispute shall provide the other Parties with written notice of the ground for thedispute and a request for discussions. Within fourteen (14) days (or such other periodof time the Parties mutually agree upon) of written notice from the Party to the otherParties, the Parties shall meet and attempt to reach an amicable resolution. If thedispute is not resolved within fourteen (14) days of such meeting, or such timethereafter as is mutually agreed upon, any Party may refer the dispute to the signatoryrepresentatives (or their successors) in Section VII of this Annex #2 and/or theAgreement for appropriate resolution.
D. Rglresentations and Warranties:
I. NOAA, AOOS and the Industry Parties make no warranty regardingInformation disclosed pursuant to this Annex #2, expressed or implied, nordoes the fact of distribution by NOAA or AOOS of such Informationconstitute such a warranty. NOAA, AOOS and Industry Parties cannotassume liability for any damages caused by any errors or omissions in use orreliance upon such Information, nor as a result of the failure of suchInformation to function on a particular system.
2. Industry Parties hereby represent and warrant that they have the right andauthority to disclose any Information provided pursuant to this Annex #2 toNOAA and AOOS (or their representatives). All Information is provided "AS
PageS oflO
FINAL Revised 10/1612012 NOS Agreement Code: MOA·2011-080 (Annex #2)/8528
IS." Subject only to the foregoing, the Industry Parties make norepresentations and extend no warranties, express or implied, and assume noresponsibilities or liabilities whatsoever including with respect to, but notlimited to, the following:a. The completeness, utility, or accuracy of any Information provided
pursuant to this Annex #2; andb. Merchantability or fitness for a particular purpose of any Information
provided by the Industry Parties pursuant to this Annex #2; andc. The freedom from infringement of any patent, trade secret and/or
copyright by any Party's use of this Information provided by theIndustry Parties.
3. NOAA and AOOS represent and warrant that NOAA and AOOS have thenecessary authority, capability and capacity to receive, conduct qualitycontrol, store, archive, disperse and use the Information as contemplatedherein.
4. In cases where NOAA quality-controls Industry Party Information to re-distribute in its own data feeds and/or uses Industry Party Information in itsown U.S. Government-issued products and services, that Information will becovered by NOAA's own disclaimers of liability.
5. With the exception of Industry Party Information covered by subsectionIV.D.4., NOAA and/or AOOS shall ensure that the following disclaimer isincluded in the metadata attached to Information provided to NOAA and/orAOOS by any of the Industry Parties:
"DISCLAIMER of LIABILITY: The user assumes the entire risk related touse of this data and information. NOAA and/or AOOS and their third partydata providers are providing this data and information "as is," and disclaimany and all warranties, whether express or implied, including (withoutlimitation) any warranties of completeness, utility. accuracy, merchantabilityor fitness of this data for a particular purpose.
V. CONTACTS
A. The contacts of each Party to this Annex #2 are:
I. Krisa M. ArzayusChief, Marine Data Stewardship DivisionNational Oceanographic Data Centert315 East-West Highway, Room 4651Silver Spring, MD 20910Phone: (30 I) 713-3280 x119Fax: (301) 713-3302E-mail: [email protected]
3. Molly McCammonExecutive Director, Alaska Ocean Observing System1007 West Third Avenue, Suite 100Anchorage, AK 99501Phone: (907) 644-6703Fax: (907) 644·6780E-mail: [email protected]
4. Caryn ReaSenior Staff BiologistConocoPhillips Company700 G. Street, ATO 1966Anchorage, AlaskaPhone: 907-265-65 I5Fax: 907·265-6216E-mail:carvn·[email protected]
5. A. Michael Macrander. Ph.D.Science Lead - Shell Alaska3601 C Street, Suite 1000Anchorage, AK 99516Phone: 907-646-7123Fax: 907-646-7135E-mail: [email protected]
6. Ahmed OsmanHSEManagerStatoil USA E&P Inc.3800 Centerpoint Drive, Suite 920Anchorage, Alaska 99503Phone: 907-433·5713Fax: 907-433-5799E-mail: [email protected]
B. The Parties agree that if there is a change regarding the information in this section,the Party malcing the change will timely notify each of the other Pames in writing ofsuch change.
FINAL Revised 10/1612012 .NOS Agreement Code: MOA-2011·080 (Annex /#2)/8528
VI. TERM, AMENDMENTS, AND TERMINATION
A. This Annex #2 will become effective when signed by NOAA, AOOS, and each of theIndustry Parties that executes this Annex #2. The Annex #2 will be in effect onlyamong NOAA, AOOS and the Industry Party or Parties that sign this Annex #2. TheAnnex #2 will expire at midnight EST on November 1,2016, or at the end of theopen water drilling season in calendar year 2016, whichever occurs earlier.
B. This Annex #2 may be amended within its scope and prior to its expiration by mutualwritten agreement of all of the Parties.
Notwithstanding the foregoing paragraph of this Section VI.B., and the right of eachIndustry Party to submit additional exclusively owned information pursuant toSection IILA. in such case, the agreement of the other Parties to this Agreement is notrequired.
C. Any Party may terminate its participation in this Annex #2 by (I) providing thirtydays written notice to all other Parties; or (2) mutual written agreement ofthe Parties.
D. Upon termination of this Annex #2 for any reason, Information provided pursuant tothis Annex #2 shall continue to be available to all the Parties to the Annex #2 and (tothe extent legally permissible) to the public.
E. Each Party shall be solely responsible for the payment of any expenses it incurs inimplementing this Annex #2.
F. In the event this Annex #2 is terminated, each Party shall be solely responsible for thepayment of any expenses it has incurred.
G. NOAA's participation in this Annex #2 is subject to the availability of appropriatedfunds.
Page 8 of 10
FINAL Revised 10/16/2012
VII. APPROVALS
NOS Agreement Code: MOA·2011·080 (Annex 112)/8528
A. ACCEPTED AND APPROVED forNATIONAL OCEANIC and ATMOSPHERIC ADMINISTRATIONU.S. DEPARTMENT OF COMMERCE
By:
Dr. Jan chencoUnder Secretary ofCommerccfor Oceans and Atmosphereand NOAA Administrator
B. ACCEPTED AND APPROVED forALASKA OCEAN OBSERVING SYSTEM
Datc: __ /_)_J_/_,_/_,_2. _
C. ACCEPTED AND APPROVED forCONOCOPHILLIPS COMPANY
Y1H ~MltJ. 8.&xwODavid W. BrownAttorney-in-Fael
D. ACCEPTED AND APPROVED forSHELL GULF OF MEXICO 11 C.
By:
J1t'Ud.)' ~~ __~Allomey-In-Fact
Page 9 of 10
Date: I 117J:lO/3~ ,
' ..
FINAL Revised 10/16/2012 NOS Agreement Code: MOA-20 11·080 (Annex 112)/8528
• LONGITUDEaccount or by DVD or CD if released forthe files are large. scientific use
• DATE_TIME_L on case by caseOC basis. After
• GEARCODE December• GEARSIZE 1,2012 all• SIEVE_SIZE meta data and• DEPTH_M data will be• TAXON available for• CODE public release• FRAGMENT upon• COUNT_INDIVI transmittal. I
od Transmittal?tor) on ry?Chemical UAF File gdb 200 Chukchi: COP/Shell (2008- RDI SEEMEMORANDUM FOR No InitialSediments 8- Klondike 09) COMPLETE DETAILS. Data metadata
• SHIP 201 (2008-10) COP/Shell /Statoil will be transmitted to the released to
• CRUISE 0 Burger (2008- (2010) AOOS data contractor Rob public through
• LONGITUDEaccount or by DVD or CD if released for
• DATE_TIME_Lthe files are large. scientific use
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• DEPTH_Mbasis. AfterDecember
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• lONGITUDEaccount or by DVD or CD if released for
• DATE_TIME_lthe files are large. scientific use
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Seabird ABR, Inc. File 2008 Chukchi: COP/Shell RDI SEEMEMORANDUM No Initial metadataObservations gdb - Klondike (2008-09) FOR COMPLETE released to public
• OBSERVATION_ID 2010 (2008-10) COP/Shell DETAILS. Data will be through ADOS
• TRANSECTJD Burger (2008- /Statoil (2010) transmitted to the data system until
• DATE_TIME_LOC 10) ADOS data contractor December 1, 2012.
• SPECIES Statoil 12010) Rob Bochenek at Axiom Data released for
• L1NE_IDOcean Workspace account or December 1,by DVD or CD if the files are 2012. Data
• L1NE_REP large. released for• LATITUDE scientific use• LONGITUDE on case by• DEPTH M case basis.• WATCH After• RECORDED_BY December• OBSERVER_NO 1,2012 all• OBSERVER_LOC metadata• OBSERVER]ORT and data will '• OBSERVER_CENT be available
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• DESCRIPTION Point Lay are large. scientific use
• STUDY_YEAR Array (2010) on case by
• REPORT Wainwright case basis.
• CONTRACTOR Array (2009) After
• NOTESDecember1,2012 allmetadata anddata will beavailable forpublic releaseupontransmittal.
Acoustic Sound JASCO *.wav 200 Chukchi: COP/Shell RDI SEEMEMORANDUM FOR No InitialSupporting Files Research '.png 8- Acoustic (2008-09) COMPLETE DETAILS. Data metadata
'xis 201 Arrays COP/Shell will be transmitted to the released to0 Barrow Array /Statoil (2010) AOOS data contractor Rob public through
(2009-10) Bochenek at Axiom AOOS dataCape ([email protected]; 907-230- system untilLisburne 0304) via a dedicated AOOS December I,Array (2008- Ocean Workspace account 2012. Data10) or by DVD or CD if the files released forPoint Lay are large. scientific useArray (2010) on case byWainwright case basis.Array (2009) After
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201 Arrays COP/Shell will be transmitted to the released to0 Barrow Array /Statoil (2010) ADOS data contractor Rob public through
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public releaseupontransmittal.
Marine Mammal JASCO File 200 Chukchi: COP/Shell RDI SEEMEMORANDUM FOR No InitialPresence Research gdb 9- Acoustic (2009) COMPLETE DETAILS. Data metadata
• RECORDER_ID 201 Arrays COP/Shell will be transmitted to the released to
• SPECIES 0 Barrow Array /Statoil (2010) ADOS data contractor Rob public through
• FIRST_DATE_LOC (2009-10) Bochenek at Axiom ADOS data
• LAST DATE LOC Point Lay ([email protected]; 907-230- system until- - Array (2009- 03041 via a dedicated ADOS December 1,• DETECTION GRAP- 10) Ocean Workspace account 2012. DataH
• STUDY_YEARWainwright or by DVD or CD if the files released for
• REPORTArray (2010) are large. scientific useAcoustic on case by
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December1,2012 allmetadata anddata will be
Iavailable forpublic releaseupontransmittal.
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0 Barrow Array IStatoil (2010) AOOS data contractor Rob public through(2009-10) Bochenek at Axiom AOOS dataPoint Lay ([email protected]; 907-230- system untilArray (2009- 0304) via a dedicated ADOS December 1,10) Ocean Workspace account 2012. DataWainwright or by DVD or CD if the files released forArray (2010) are large. scientific useAcoustic on case byStudy Areas case basis.Statoil(2010) After
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• QUAL• DETECT_LIMIT• DETECT_lIMIT_
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• SAMPLE_ID Klondike will be transmitted to the through AOOS data
• STUDY_YEAR AOOS data contractor Rob system until
• CRUISE_NUMBE Bochenek at Axiom December 1, 2012.
- 0304) via a dedicated AOOS scientific use on• STUDY TYPE- Ocean Workspace account case by case basis,• STUDY_YEAR
or by DVD or CD if the files Aher Decemberare large. 1,2012 all metadata
and data will beavailable for publicrelease upon
I transmittal.Study Area RDI File 2008- Chukc COP/Shell (2008- RDI SEEMEMORANDUM FOR No Initial metadata
Polygons gdb 2010 hi 09) COMPLETE DETAILS. Data released to public
• NAME COP/Shell will be transmitted to the through AOOS data
• SIZE /Statoil 12010) AOOS data contractor Rob system until
• YEARBochenek at Axiom December 1, 2012.
• [email protected]; 907-230- Data released for0304) via a dedicated AOOS scientific use onOcean Workspace account case by case basis.or by DVD or CD if the files After Decemberare large. 1,2012 all metadata
and data will beavailable for publicrelease upon i
• LINE_TYPE 0304) via a dedicated AOOS scientific use onOcean Workspace account case by case basis.or by DVD or CD if the files After Decemberare large. 1,2012 all metadata