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: HER MAJESTY THE QUEEN IN RIGHT OF CANADA. as

represented by the Minister of Fisheries and Oceans (hereinafter
referred to as ''the Minister")

AND: 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
muenchow@udel.edu

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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
BDehel@udel.edu

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) if the UDel breaches any of the terms or conditions of this

Agreement;
II) if the uoer Js bankrupt, files for bankruptcy, or Is Involved In any
bankruptcy proceeding; or
lit) 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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~EP-29-2003 MON 02:35 PM FISHERIES &OCEANS FAX NO. 204 983 6285 P. 08

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 Post-
Emoloyment 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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SEP-29-2003 MON 02:35 PM FISHERIES &OCEANS FAX NO. 204 983 6285 P. 09

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

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

Richard D. Holsten
Witness For: University of Delaware

to[2--~[o3
Date

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SEP-29-2003 MON 02:35 PM FISHERIES &OCEANS FAX NO. 204 983 6285 P. 10

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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SEP-29-2003 MON 02:36 PM FISHERIES &OCEANS FAX NO. 204 983 6285 P. II

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-the-
Ice 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 re-
deployment 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 NSF-
OPP data policies.

Budget summarv for 2003:

2 professionals (technicians) 18 months $81,000

Travel $12,000
Materials and supplies $65,000
Other costs Ice tracking $10,000
Total2003 $188,000

Budget summary for 2004;

Materials and supplies $44,000

Other Ice tracking $25,000
Total2004 $69,000

Budget summary for 2005~

2 professionals (technicians) $55,000

Travel $12,000
Materials and supplies $20,000
Other Ice tracking $45,000
Total2005 $132,000

Budget summary for 2006:

Travel $3,000
Other Ice tracking $25,000
Total2006 $28,000

Budget summary for 2007:

2 professionals $35,000
Travel $12,000
Materials and supplies $18,000
Other Ice tracking $60,000
Total2007 $125,000

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