Part 91 Operational Agreement for Quality Checks, Quality Assurance, and Maintenance
1. Purpose and Scope
This Operational Agreement governs the use of unmanned aircraft systems (“UAS”) by Flock to perform quality control (“QC”) and quality assurance (“QA”) inspections or “test & tune” of Flock’s drone as a first responder systems including all major end systems, related ancillary support devices, equipment, software, power supply connectivity hardware, and system network or network infrastructure.
The primary objective of this Operational Agreement is to explicitly allow for remote inspection and verification of hardware deployment at the maximum flyable range defined by the Customer’s FAA Part 91 Beyond Visual Line of Sight Waiver or Authorization (“COA”). As Flock is a private entity operating under Part 107 waivers/restrictions, the Parties mutually agree that utilizing the Customer’s COA privileges is required to fulfill the necessary flight parameters for the Customer’s operations and maintenance.
2. Operational Framework
2.1. Regulatory Authority: This Operational Agreement designates Flock as an authorized operator under the COA. The Parties agree that the applicable flight operations shall be conducted under the regulatory authority of the Customer’s COA.
2.2. Remote Pilot in Command (“RPIC”): Flock agrees to provide FAA-certified Part 107 remote pilots to act as the RPIC. Flock represents that these RPICs shall operate under the safety protocols and privileges defined in the Customer’s COA.
2.3. Limitation(s): For the avoidance of doubt, both Parties mutually agree that operations shall be strictly limited to visual inspection, signal testing, general maintenance, and physical QA/QC of Flock system installations. No general surveillance or law enforcement patrolling shall be conducted during these QC/QA flight operations.
2.4. QA/QC Tasks: Prior to the commencement of any flight operations or general maintenance conducted under the Customer’s COA, Flock shall provide the Customer with notice of all applicable QA and/or QC tasks to be performed. Such notice shall be provided in a reasonable amount of time to ensure the Customer has sufficient opportunity to review the proposed tasks for compliance with COA requirements.
3. Responsibilities of the Parties
Flock Safety Responsibilities:
3.1. The Parties agree that throughout the duration of Flock’s exercise of the privileges permitted under the Customer’s COA, Flock shall: 1) Provide necessary UAS hardware and proprietary software for Flock dock diagnostics; 2) Maintain detailed flight logs for every mission, including flight path, altitude, and duration; 3) Ensure all authorized RPICs are briefed on the specific constraints and geographic boundaries of the Customer’s COA; 4) Provide the Customer with notice of the Flock authorized RPICs in advance of flight operations; and 5) Ensure the Customer is notified of any deviations from the requirements set forth in the COA.
Customer Responsibilities:
3.2. The Parties agree that the Customer shall: 1) Designate Flock as an authorized operator under its COA for the duration of the system deployment, including initial "test & tune" and any future maintenance, troubleshooting, or modifications; 2) Provide "Notice to Air Missions" support if required by the FAA for specific mission blocks or operations; 3) Ensure designated flight areas for Flock docks are within the pre-approved parameters established by the COA; and 4) Provide a visual observer for safety of flight as required by the Customer’s COA.
4. Safety and Risk Management
4.1. Pre-Flight: Flock must conduct a "Site Safety Assessment" for each location prior to launch.
4.2. Communication: Flock authorized RPICs must maintain real-time telemetry and "Lost Link" protocols as defined by the Customer's COA.
4.3. Incident Reporting: Flock shall use commercially reasonable efforts to notify the Customer’s aviation lead of any accident, incident, or near-miss within twenty-four (24) hours of the occurrence.
4.4. Aviation Insurance: Flock shall maintain a minimum limit of $1,000,000 in aviation-specific liability insurance.
5. Data Handling
5.1. Limitations on Data Collection: The Parties agree that any cameras used during QA/QC flights or operations shall be positioned to focus specifically on Flock hardware testing. Flock agrees that in the event incidental imagery of private property or individuals is captured, Flock will promptly ensure the deletion of such data.
5.2. Flight logs & Diagnostic Data: QA flight logs and diagnostic data shall be shared with the Customer to verify infrastructure integrity.
6. Termination & Suspension
This Operational Agreement remains in effect for the duration of the Flock dock deployment. In the event of a breach of the terms of this Operational Agreement, the non-breaching Party shall provide written notice of such breach, after which the breaching Party shall have a reasonable amount of time under the circumstances to cure the identified deficiency. If the breaching Party fails to cure the breach within a reasonable amount of time, the non-breaching Party may terminate this Operational Agreement immediately upon providing written notice of termination.
Notwithstanding the foregoing, the Customer’s accountable manager or chief pilot reserves the right to immediately suspend the specific drone operations authorized under this Operational Agreement with notice if safety violations or unauthorized deviations from the COA are identified. Such suspension shall remain in effect until the deviation is remediated.
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