dfo udel2003agreement 1

SEP-29-2003 MON 02:34 PM FISHERIES & OCEANS FAX NO. 204 983 6285 P. 02

PARTNERING AGREEMENT

Department of Fisheries and Oceans and the University of Delaware

This Joint Project Agreement Is made in duplicate

BETWEEN:

AND:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA. as represented by the Minister of Fisheries and Oceans (hereinafter referred to as ''the Minister")

University of Delaware (hereinafter referred to as "UDel"),

This Partnerlng Agreement is based on the NSF funded project entitled "Collaborative Research: Variability and Forcing of Fluxes Through Nares Strait and Jones Sound, a Freshwater Emphasis", funded through the period of January 1, 2003 to December 31, 2007,

WHEREAS the Minister and the UDal ("the Parties") wish to undertake a series of activities as defined below and referred to as a joint project ("the Project"), and are mutually Interested in cooperative research activities related to ocean science and technology In the Arctic as defined in Schedule A.

WHEREAS the Minister proposes to participate in a series of activities as identified below, and hereinafter referred to as "the Projects" with UDel. The relevance of the Projects to the Minister Includes addressing scientific support and Marine Navigation Services requirements In Nares Strait and Jones Sound & the scientific goals and objectives in the Nares Strait and Jones Sound areas. The relevance of the Projects to UDel is to advance, collectively, the data collection and analysis objectives of these Parties. In support of the project entitled "Collaborative Research: Variability and Forcing of Fluxes Through Nares Strait and Jones Sound, a Freshwater Emphasis", the scientific objectives of the 2003-2007 science program are:

• Monitor water properties and currents over a 3-5 year period In Nares Strait, Cardigan Strait and Hell Gate via mooring arrays that resolve barotropic and barocllnlc motions at their relevant scales

• Measure ice fluxes and local forcing of throughflow via a moored pressure sensor array and mesoscale atmospheric modeling for Nares Strait

• Determine water mass origins and transfonnatfons via modem tracer hydrographic tlmes series In the straits and Northern Baffin Bay

• Explore bivalve shell records as a proxy of historical throughflow variability and retrieve sediment cores that can by used to address longer time-scale variability in future studies

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• Exploit the finding of this study to improve parameterization of Archipelago throughflow in Arctic and global models

Specific scientific objectives of DFO science personnel In 2003 Include:

• To supervise assembly, deployment, and recovery operations of all moorings with additional assistance from the University of Delaware personnel (Dr. Melling, Institute of Ocean Sciences)

• Direct the satellite Ice-tracking component and act as liaison with CRYSYS members promoting this research program (Dr. Agnew, Atmospheric Environmental Service)

NOW THEREFORE, the Parties agree as follows:

1. THE PROJECT

1.1. The Project is described in Schedule A. The responsibilities of each Party with respect to the Project are described in the Specific Details, attached as Schedule B.

1.2. Chief Scientist Because of the complexity of Western Arctic work, a Chief Scientist will be designated jointly by Pacific Region and by Central and Arctic Region for each year. The designated Chief Scientist will be responsible for coordinating all activities of the scientists and technicians associated with the project. This person provides the focal point in discussions pertaining to all matters regarding Interactions between the scientific complement and all other parties.

1.3. Canadian Scientific Coordinator In the Projects. The coordination of the Canadian participation in the Projects, and the designation of a Chief Scientist on behalf of the Minister. will be performed by DFO representatives. The DFO representatives are Identified as Mr. Martin Bergmann (Project Authority; Central and Arctic Region) and Dr. Humfrey Melling (Scientific Authority; Pacific Region). The DFO representatives will coordinate and manage all aspects of the Canadian science planning actMtles, the science program and infrastructure. The Project Authority, Mr. Martin Bergmann, will serve as the Canadian contact point for coordlnaUon of the scientific activities related to the Projects, including those funded by departments and agencies other than the Minister. The coordinators will liaise with the designated Operations Centres as appropriate,

2. OBLIGATIONS OF THE MINISTER

2.1. Funds paid to the Minister by UDal shall be used by the Minister to perform the activities specified In the Specific Details.

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2.2. The monetary and in-kind responsibilities of the Minister towards this Project for fiscal year 2003/04 shall be: The Minister will make available the science personnel, equipment and facilities as per the description in schedule A. The monetary responsibilities of the Minister towards this Project Include the costs covered by DFO for salaries and wages (project authority and scientiflc authority). The Minister's contribution to the delivery of the Projects shall be that of an In-kind nature only. The Minister shall not under any circumstance make cash payments to the Parties to this agreement.

2.3. Funds received by the Minister will be applied towards the items described in schedule A (total cost for 2003 to be $168,000USO). Funds will be deposited to account number. 41500 110 760 3239 4D005.

2.4. Funds received by the Minister shall be accounted for in accordance with applicable Treasury Board Regulations and expended in accordance with Government Contract Regulations. Any amount in excess of $1 00 remaining from the funds paid to the Minister under this Joint Project Agreement shall be repaid to UOelln accordance with the Repayment of Receipts Regulations.

3. OBLIGATIONS OF UDEL

3.1. UDel shall pay the funds to the Minister and shall perform the activities and fulfill the monetary and In-kind responsibilities specified In the Specific Details.

3.2. The monetary and in-kind responsibilities of UDel towards this Project for fiscal year 2002/03 shall be $ 168,000 USD.

3.3. The monetary and inMkind responsibilities of UDel towards this Project for fiscal year 2003/04 shall be $ 69,000 USD.

3.4. The monetary and In-kind responsibilities of UOel towards this Project for fiscal year 2004/2005 shall be $132,000 USD.

3.5. The monetary and In-kind responsibilities of UDel towards this Project for fiscal year 2005/06 shall be $ 28,000.

3.6. The monetary and in-kind responsibilities of UDel towards this Project for fiscal year 2006/07shall be$ 125,000 USD.

3. 7. Upon acceptance and signing of the agreement by all Parties, the funds payable by UDel to the Minister shall be paid to the Receiver General for Canada In accordance with the Payment Schedule. The payment of these funds Is subject to UDel receiving grant money from the National Science Foundation for Grant No. 0230236 for the fiscal year In which the payment is to be made by UOel. The first payment Will be made immediately upon the signing of this agreement

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with subsequent payments made as soon as possible after the National Science Foundation review.

3.8. Funds shall be forwarded to the following address: The Department of Fisheries and Oceans Freshwater Institute 501 University Crescent Winnipeg, MB R3T 2N6 ATTN: Erika Carlow- Finance Officer

4. AUDITING AND MONITORING

4.1. The Minister and UDel agree to maintain books, records, documents, and other evidence pertaining to all costs and expenses incurred and expended and funds acquired under this Agreement to the extent and In such detail as will property reflect all costs, direct and indirect, of labour, materials, equipment, supplies and services. Each Party shall retain records and documentation for a period of three (3) years after the termination of this Agreement for whatever reason. All Parties agree that all records pertaining to this Project shall be made available, subject to the provisions of the Access to Information and Privacy Acts, to the other Party for verification and audit, upon request.

5. REPRESENTATIVES

5.1. For the Minister: a) Project Authority:

Martin Bergmann . Director, Arctic Science Program Development Central & Arctic Region Tel: (204) 983-3776

b) Scientific Authority; Humfrey Melling Research Scientist Pacific Region Tel: (250) 363-6552

5.2. For UDel: a) Andreas Muenchow

Robinson Hall Graduate College of Marine Studies University of Delaware Newark, DE 19716 U.S.A. Tel: (302) 831-0742 Fax: (302) 831-6838 [email protected]

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b) Betty Dehel 210 Hullfhen Hall Office of the Vice Provost of Research University of Delaware Newark, Delaware 19716Tel: (302) 831-0446 [email protected]

5.3. A change In any of the Representatives shall be forthwith made known, in writing, to the other Party.

6. USE AND PUBLICATION OF INFORMATION

6.1. Subject to the Access to Information and Privacy Acts, Project Data and any other Project-related information shall be freely available to all Parties to this Agreement and may be used, disseminated or published, by any Party, at any time. Any proposed publication that incorporates a significant amount of project Information shall be provided to the other Party prior to public dissemination.

7. COMING INJO FORCE AND TERM

7 .1. This Agreement shall come into force on the date on which it has been executed by all Parties and shall remain In force until March 1, 2008, unless terminated sooner In acQOrdance with Clause 8.

8. TERMINATION

8.1. This Agreement may be terminated at any time upon the consent of all Parties.

8.2. Termination for cause: a) UDel may terminate this Agreement upon written notice to the Minister.

I) if the Minister breaches any of the terms or conditions of this Agreement; or

ii) if research objectives of this Agreement are changed by the Minister.

b) The Minister may terminate this Agreement, upon written notice to the UDel:

i)

II)

lit)

if the UDel breaches any of the terms or conditions of this Agreement; if the uoer Js bankrupt, files for bankruptcy, or Is Involved In any bankruptcy proceeding; or If the Minister, In his or her opinion, is unable to fulfil the obligations under this Agreement.

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9. EVENTS UPON EXPIRY OR TERMINATION

9 .1. Upon termination of the Agreement, the following events shall occur. a) the Minister shall return to UDel any unused portion In excess of$100 of the

funds received from UDel under this Agreement, after deducting all amounts required to pay for goods and services and other commitments which the Minister Is unable to cancel;

b) the Minister shall make available to UDel any and all data, reports and analyses generated pursuant to this Agreement; and

c) UDel shall make ava~able to the Minister any and all data, reports and analyses generated pursuant to this Agreement.

10. FORCE MAJEURE

A Party shall not be liable to any other Party for any loss, damage, delay or failure in Its performance hereunder caused by an act of God, perils at sea, extraordinary weather conditions Including hurricanes or Ice, strikes or labor troubles, hostilities, war, restraint or seizure by any government or belligerent party, riot or civil commotion, theft or pilferage, epidemic, quarantine, embargo, deviation resulting from saving or attempting to save life or property at sea, or any similar circumstances beyond the control of such Party.

11. INDEMNIFICATION

11.1. The Minister shall Indemnify and save harmless UDel and all of its officers and employees from and against any loss, damage, expense or cost of whatsoever nature and kind arising out of or resulting directly or indirectly from any negligent acts committed by the Minister or his or her employees or agents acting on his or her behalf under or in connection with this Agreement.

11.2. UDel shall indemnify and save harmless Her Majesty, the Minister, and all of his or her employees from and against all claims, actions, causes of action, loss, damage, expense and cost of whatsoever nature and kind arising out of or resulting directly or Indirectly from any negligent acts committed by UDel or its agents or employees acting on their behalf under or in connection with this Agreement.

12.NOTICE

12.1. Any notice under this Agreement shall be In writing and shall be addressed to the appropriate Project Authority as listed in Clause 5.

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13. DISPUTE RESOLUTION

13.1. Where a dispute arises as to the interpretation of this Agreement or of matters relating to Its termination, or of performance hereunder, the Parties shall attempt In good faith to resolve the dispute through negotiation. Should negotiation prove unsuccessful, the Parties shall submit the matter to a mutually acceptable third party for mediation. The costs of the mediation shall be dMded equally between the Parties.

14.NO AGENCY

14.1. Neither UDel personnel, nor agents is an employee, servant or agent of the Minister or of Her Majesty and shall not hold themselves out to be so. UDel is alone responsible and liable for all claims. demands, losses, costs, debts, actions, damages, suits or other proceedings brought against It In any way arising out of or attributable to Its obligations under this Agreement.

14.2. Neither the Minister nor his agents Is an employee, servant or agent of either Udel or the National Science Foundation and shall not hold themselves out to be so. The Minister alone Is responsible and liable for all claims, demands, losses, cost, debts, actions, damages, suits or other proceedings brought against him in any way arising out of or attributable to his obligations under this Agreement.

15. PUBLIC SERVANTS

15.1 . A present or former public servant or public office holder who Is not In compliance with the applicable provisions of the Conflict of Interest and PostEmoloyment Code for Public Office Holders or the Conflict of Interest and Post-Employment Code for the Public SeNice shall not derive a direct benefit from this Agreement.

16. ENTIRE AGREEMENT

16.1. The terms and conditions herein, together with Schedule A, and with Schedule B as amended annually. form the entire Agreement of the Parties with respect to this Project.

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IN WITNESS WHEREOF the Parties hereto have executed this Agreement by thefr duly authorized representatives.

L.i~ (1_~ 'EJ'fka Carlow

Witness

Witness Richard D. Holsten

For: University of Delaware

Date to[2--~[o3

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SCHEDULE A

PROJECT DESCRIPTION

In support of the project entitled "Collaborative Research: Variability and Forcing of Fluxes Through Nares Strait and Jones Sound, a Freshwater Emphasis", the scientific objectives of the 2003·2007 science program are:

• Monitor water properties and currents over a 3·5 year period In Nares Strait, Cardigan Strait and Hell Gate via mooring arrays that resolve barotropic and baroclinic motions at their relevant scales

• Measure fee fluxes and local forcing of throughflow via a moored pressure sensor array and mesoscale atmospheric modeling for Nares Strait

• Determine water mass origins and transformations via modern tracer hydrographic times series In the straits and Northern Baffin Bay

• Explore bivalve shell records as a proxy of historical throughflow variability and retrieve sediment cores that can by used to address longer time-scale variability in future studies

• Exploit the finding of this study to Improve parameterization of Archipelago throughflow Jn Arctic and global models

Specific scientific objectives of DFO science personnel in 2003 include:

• To supervise assembly, deployment, and recovery operations of all moorings with additional assistance from the University of Delaware personnel (Dr. Melling, Institute of Ocean Sciences)

• Direct the satellite Ice-tracking component and act as liaison with CRYSYS members promoting this research program (Dr. Agnew, Atmospheric Environmental Service)

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SCHEDULES

SPECIFIC DETAILS (basic summary In tables at end of section)

Moorings (Dr. Melling). Personnel at lOS in Sidney, British Columbia, Canada will assemble the current meter, CT/CTD. and pressure sensor moorings for through-theIce deployment and recovery. Dr. Humfrey Melling will direct, co-ordinate, and supervise construction, deployment, and recovery of all moorings. In these tasks he will be assisted by experienced mooring technicians wJth full access to extensive manufacturing and staging facilities at lOS. In year .1 (2003) we are budgeting for salary support for two experienced lOS mooring technicians ($81 ,000 total). They will assemble and construct all necessary mooring hardware for 8 bottom mounted ADCPs, 8 bottomwmounted CT/CTD lines, 8 bottom-pressure sensors and 21ce-sonars. In years 3 and 5 we will request an additional $15,000 for the mooring technician(s) to aid in the recovery, redeployment, and final recovery of all moorings. lOS technicians will be assisted both at lOS and In the field by UDel field technician David Huntley who has worked co-operatively with Canadian scientists and technicians since 1997.

The two Ice-sonars of this proposal are custom made at lOS and require substantial specialized initial processing, analyses, and quality control. For this purpose we are budgeting for a technician to conduct these tasks under the supervision of Dr. Melling in year 3 only. ADCP, CT, CTD, and pressure sensor data retrieval, calibration, processing, and analysis will be conducted in close collaboration with UDel personnel (Muenchow). We will request salary support for programming assistance for Dr. Melling in year 3 and 5. Office space for Muenchow and a student wJII be available at lOS.

Travel: A Canadian field party of three will need to go into the field In years 1 to deploy, in year 3 to recover and re-deploy, and In year 5 to recover the mooring array and we request $12,000 In each of those years to cover travel expenses to and from the field sites. In year4 we will request $3000 for Canadian investigators to attend a CATS workshop to exchange results and prepare for publications.

Materials and supplies: Items in this category cover costs to assemble 8 ADCPs, 8 CT/CTDs, 8 pressure and 2 Ice-sonar moorings for through the Ice deployments and recovery operations that Is not presently available at either lOS or UDel. For available mooring hardware and equipment we request $7000 In year 1 (2003) and will be requesting $6000 In year 5 for refurbishment. lOS-made and customized items needing in year 1 include specially designed radio beacon for under-Ice recovery (26 units@ $1000), mounting frames and related Items for the pressure sensors (8 units@ $2000), gimbals, and steel floats for the ADCP moorings (8 @ $4000). For the redeployment of the array we will request In year 2 $28000 for batteries, anodes, and chains as well as $16,000 to replace lost, fouled or damaged mooring items such as mounting frames, radio beacons, etc. Calibration of SeaBird CT and CTD sensors requires $20,000 (40 units@ 500) In year 3 and $8,000 {16 units@ $500) in year4. We also will request $4,000 (8 units @ $500) for pressure sensor calibrations.

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Ice tracking (Dr. Agnew): Personnel at AES will direct the satellite remote sensing {ice tracking) component of this project In order to assure the daily acquisition, processing, calibration, and dissemination of these data for the High Canadian Arctle, we request $10,000 in year 1 and will request $25,000 in years 2 through 5. This amount will assure collection of dally AMSR and AVHRR Imagery starting In the summer of 2003 until final mooring recovery in 2007, extraction of daily Ice motions from AMSR sensors. assessment of ice motion errors, storage and dissemination of relevant data products via a web-site to other investigators and the general public In accordance with NSFOPP data policies.

Budget summarv for 2003:

2 professionals (technicians) Travel Materials and supplies Other costs Total2003

Budget summary for 2004;

Materials and supplies Other Total2004

Budget summary for 2005~

2 professionals (technicians) Travel Materials and supplies Other Total2005

Budget summary for 2006:

Travel Other Total2006

Budget summary for 2007:

2 professionals Travel Materials and supplies Other Total2007

18 months

Ice tracking

Ice tracking

Ice tracking

Ice tracking

Ice tracking

$81,000 $12,000 $65,000 $10,000

$188,000

$44,000 $25,000 $69,000

$55,000 $12,000 $20,000 $45,000

$132,000

$3,000 $25,000

$28,000

$35,000 $12,000 $18,000 $60,000

$125,000

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dfo udel2003agreement 1

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