Diesel Emissions Evaluation Program

Memorandum of Understanding

This Memorandum is intended to provide the basis upon which parties will join together cooperatively to fund and manage research aimed at reducing non-coal-miners' exposure to diesel emissions in underground environments.

1. Objectives

The Diesel Emissions Evaluation Program (DEEP) has the following objectives:

• to identify the most reliable and appropriate sampling/analytical methods for determining exposures to diesel particulate matter (DPM) and oil mist in a variety of underground non-coal environments;
• to evaluate the field performances (i.e. efficiency and control) and costs of a variety of currently available diesel emission control technologies;
• to study new untested diesel emission control strategies that may have better performances and/or costs than the currently available technologies.

DEEP deliverables are a series of final reports by researchers conducting specific projects within the overall DEEP framework. These reports will be made available to the DEEP participants and to the public. Verbal technical reviews may be made periodically to the DEEP participants to ensure high quality information transfer.

2. Organization

The DEEP organizational structure includes a Management Board, a Secretariat, a Technical Committee and individual Project Teams.

2.1 Management Board

The Management Board will have responsibility to oversee all aspects of DEEP including financial matters, legal matters and approving all technical projects.

The Management Board will consist of at least one senior representative of each stakeholder (a stakeholder may decline to be represented). A stakeholder is defined as an organization having made a direct financial contribution to DEEP, labour and governmental organizations in the mining sector, and such other parties as the Management Board may decide. The organizations signing this Memorandum prior to April 1, 1997 are the founding stakeholders of DEEP.

The final constitution of the Management Board will be decided upon by the founding stakeholders.

The Chairman and Vice-Chairman of the Board will be elected from the Board members. The Treasurer of DEEP will be the Mining Division of the Canadian Mining Industry Research Organization (CAMIRO), which will have one individual as a member of the Board. The Secretariat of DEEP will be Natural Resources Canada, and will be a member of the Board. The Chair of the Technical Committee will be a member of the management Board.

2.2 Treasurer

The Mining Division of CAMIRO, as Treasurer of DEEP, will:

• collect and hold, in a separate account, all funds contributed to DEEP;
• pay all invoices approved by the Project Team leader and the Technical Committee Chair;
• keep the Management Board, Technical Committee, Project Teams, and sponsors informed on a monthly, quarterly and annual basis of the financial position of DEEP and all projects;
• issue a final program financial report summarizing all transactions;
• arrange for an independent annual audit of the financial dealing of DEEP;
• be a member of the Management Board.

2.3 Secretariat

The Secretariat is designed to provide and assist in information distribution to ensure that participants as well as outside interested parties and agencies are kept informed on the process of DEEP. The Secretariat staff will be selected on the basis of their experience and knowledge of the underground environment and associated health issues. The Secretariat will be responsible for managing the day to day operations of DEEP and will be a member of both the Management Board and the Technical Committee. The Secretariat of DEEP will:

• ensure the preparation and distribution of material for and participate at regular meetings of the Management and Technical Committees;
• ensure preparation of professional documents, including, annual reports, progress reports, proposals and activity descriptions as required;
• keep all pertinent DEEP records and maintain a database of DEEP participants and an expanded mailing list of interested parties;
• circulate and solicit comments on proposals as directed by the Technical Committee and Management Board;
• be the point of contact for DEEP;
• prepare items and press releases for publication as requested by the Management Board;
• co-ordinate and manage technology transfer activities associated with DEEP in accordance with the Management Board;
• On behalf on DEEP, manage the Intellectual Property as required.

2.4 Technical Committee

The Technical Committee will be appointed by the Management Board and will be based on expertise, geographical location and affiliation. Scientific authorities and researchers will be invited to become members of the Technical Committee.

The Chair and Vice-Chair of the Technical Committee will be appointed by the Management Board.

2.5 Project Teams

Each Project Team, carrying out a specific part of DEEP, will be appointed by the Technical Committee and approved by the Management Board. Project Team members will be selected from the organizations funding the project, from the organization providing the research site, from organizations deemed to have an in-kind contribution, and the researchers whose proposal for doing the research has been approved. Other scientific experts may be appointed to a Project Team.

ach Project Team Leader will be appointed by the Technical Committee and approved by the Management Board. Each Project Team leader will report to the Technical Committee as required and in accordance with the project contract. A Technical Committee member may be a project leader.

2.6 Responsibilities

The Management Board's responsibilities include the following:

• develop strategies to promote DEEP within the mining industry, governments and the public;
• expand DEEP participation as needed;
• provide strategic direction and establish administrative policies for DEEP;
• appoint and maintain the Technical Committee;
• approve and arrange funding for specific projects (including revisions) within DEEP and approve Project Team leaders;
• establish guidelines for project acceptance, technical quality, peer reviews and for ethical and confidentiality requirements for all projects;
• review and comment on Progress Reports issued by the Technical Committee.

The Technical Committee will:

• develop and implement a research program that is consistent with the strategy provided by the Management Board and report to the Management Board;
• formulate research priorities and solicit research proposals;
• evaluate specific proposals by peer review and, with the active involvement of all potential participants, submit recommendations to the Management Board for establishing a project. Research costs including in-king costs and schedule are to be provided to the Management Board. Each proposal will be developed in compliance with the guidelines set forth by the management Board;
• nominate the Project Leader and the Project Team;
• review and track the progress of each approved project and report to the Management board as requested;
• ensure quality of work;
• ensure contract deliverables have been achieved and that the draft final report of each project is peer-reviewed;
• accept each final report and specify each project's completion;
• ensure the timely distribution of research results;
• assume other responsibilities as may be assigned.

Each Project Leader will:

• organize the project team and assign tasks to accomplish project deliverables;
• plan and execute the specific project within the cost and schedule approved and in compliance with the guidelines established by the Management Board;
• report periodically to or at the request of the Technical Committee on progress being made;
• analyze and interpret results obtained;
• conclude the project with a Technical Report and, as may be requested by the Technical Committee, give presentations to stakeholders.

3. Terms of Reference

3.1 Timing

The DEEP program starts February 27, 1997 and ends December 31, 2000. The three funding calendar years will be 1997, 1998, and 1999. The final year will be used to finalize on-going research and report-writing and may use committed funds not spent in the first three years.

3.2 Research Program

The overall scope of DEEP is defined in a document entitled Program Description for DEEP (January 15, 1997). This document will serve as a starting framework for DEEP. Revisions that may be necessary from time to time will be made by the Management Board.

3.3 Funding

Each stakeholder on the Management Committee will submit a written confirmation either

• setting forth an amount of money the stakeholder will commit towards funding DEEP projects for each calendar year 1997, 1998 and 1999 (before Dec. 31 of the preceding year); or
• describing the in-kind contributions the stakeholder is committed to making; or
• both of the above.

Each stakeholder making a cash commitment to DEEP has the opportunity to select the specific projects it wants to fund. If , at the beginning of each calendar year, a stakeholder wishes to waive the opportunity to fund specific projects, then the Management Board will decide how such funds are to be spent. In the case that a stakeholder has specifies a project-specific funding, but is unable to select projects for the full amount of its committed funding, then such committed funs will, at the end of each calendar year, either be directed by the stakeholder to a specific planned project for the next calendar year, or revert to the jurisdiction of the Management Board.

3.4 Attendance at meetings

An individual may be designated by a member of the Management Board or the Technical Committee to attend meetings in the member's place and will fully represent the member not in attendance.

3.5 Contracting Policy

1. All projects will be negotiated between the Management Board and the contracting agencies.
2. A standard non-disclosure agreement, provided by the Management Board, will be signed between all participants of a project.
3. Program results will be shared with all DEEP participants through progress reports and written final reports.
4. Program results will be made available to the public within a reasonably short time frame after project completion.

4. Intellectual Property

The disposition of all intellectual property, produced or generated during the performance of a DEEP project and which can be protected by patents, trademarks, copyrights, industrial designs, or other proprietary know-how, will be decided by the DEEP Management Board or dictated by each project's signed contract. Notwithstanding a Board decision regarding the ownership of such intellectual property, a cash funding sponsor of a project will have a non-exclusive, unconditional, irrevocable, royalty-free right and license to use in its own operations and those of is subsidiary throughout the world in perpetuity such intellectual property as may have arisen during the performance of said project.

5. Means For Decision-Making

The Management Board and Technical Committee will strive to reach consensus on all matters. In the event of an impasse, decisions shall be made by a simple majority of the members present.

Acknowledgment and Acceptance of this Memorandum of Understanding

(Print Name)					(Name of Organization)



(Signature)					(Date)