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[EM Facility User Policies and Procedures] Policy Number: Version Number: 001 Classification: Effective Date 08/01/2017 Responsible University Office: Vice President for Research 1.0 Purpose EM Facility reports to and operates under the guidance of Clemson University Office of Vice President for Research. The purpose of this policy is to communicate EM Facility users, both internal and external about procedures and protocols whenever EM Facility usage is planned. 2.0 Applicability This policy applies to all EM Facility users. External EM Facility users comply with all general safety rules, regulations, in addition to complying with Technical Service Agreement (TSA) requirements. 3.0 Government Rules and Regulations All EM Facility users will not, without prior written permission from University, provide any material to University that consists of the following in whole or in part: (1) Human or animal specimens or tissues (2) Live, vertebrate animals (3) Infectious agents (4) Select agents or toxins V1: 06/26/2017 CLEMSON UNIVERSITY [EM Facility User Policies and Procedures]

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Page 1: media.clemson.edu  · Web viewOther Materials that needs prior consultation approval with CU EMF staff: (a) radioactive materials – typically not allowed at EM Lab. But if extremely

[EM Facility User Policies and Procedures]

Policy Number: Version Number: 001Classification: Effective Date 08/01/2017Responsible University Office: Vice President for Research

1.0 Purpose

EM Facility reports to and operates under the guidance of Clemson University Office of Vice President for Research. The purpose of this policy is to communicate EM Facility users, both internal and external about procedures and protocols whenever EM Facility usage is planned.

2.0 Applicability

This policy applies to all EM Facility users. External EM Facility users comply with all general safety rules, regulations, in addition to complying with Technical Service Agreement (TSA) requirements.

3.0 Government Rules and Regulations

All EM Facility users will not, without prior written permission from University, provide any material to University that consists of the following in whole or in part:

(1) Human or animal specimens or tissues(2) Live, vertebrate animals(3) Infectious agents(4) Select agents or toxins(5) Identifiable human data(6) rDNA(7) Schedule I or II drugs

[External users only] At the conclusion of the use, testing or analysis of any material provided by Sponsor to University, University at Sponsor’s request, will either return all unused material to Sponsor or will destroy all unused material and certify such destruction to Sponsor.

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[External users only] Sponsor shall list on Appendix C all materials to be provided by Sponsor and any conditions applicable to those materials. Sponsor hereby certifies that it may legally transfer all materials identified on Appendix C to University. Sponsor agrees that it will not transfer any materials to University not identified on Appendix C. All of these rules are indicated in Technical Service Agreement (TSA) document.

Other Materials that needs prior consultation approval with CU EMF staff: (a) radioactive materials – typically not allowed at EM Lab. But if extremely minor radioactivity (counts below environmental background radiation) exists, one may be able to get permission from our university S&H rep who is specialized in radioactive materials. (b) Toxic, flammable and other hazardous materials - need to consult with CU S&H rep before users ship such materials to us.

Depending upon the nature and category of research samples, ‘Office of Research Safety’ and/or ‘Office of Research Compliance’ may be contacted by EM Facility for further work approvals. Both of these offices work under and report to Office of Vice President for Research.

The Technical Service Agreement is governed by and construed under the laws of the State of South Carolina.

4.0 Definitions

TSA – Technical Service Agreement [External users only]

Appendix A – EM Facility Charge Rates approved by Office of VPR

Appendix B – Payment Plan: The Electron Microscopy Facility sends invoices out at the end of each month. Payment is to be made to Clemson University by check. Once an invoice has been received you may pay by credit card to the University’s accounting office. The telephone number and mailing address can be found on the invoice. The Electron Microscopy Facility does not accept direct payment. Payment is due 30 days after receiving a statement. [External users only]

Appendix C - Rules and regulations indicated in section 3.0 above.

5.0 Policy

For Industry Users

All Industry users are encouraged to contact the facility and staff members to initiate the project and analysis work using electron microscopy. Most current updates about the scheduling and instrument status can be obtained by contacting the facility staff. We welcome all industrial users representing aerospace, automotive, pharmaceutical, textile, electronics, environmental, medical and many other industries. We strive to make sure that the affordable cost, professional service, wide range of state-of-the-art capabilities and minimum wait time will make your facility usage very

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productive. All external EM Facility users must sign ‘Technical Service Agreement (TSA)’ form. Any modifications in standard TSA form needs approval and signatures from ‘Office of Industry Contracts’ [which reports to and works under the guidance of ‘Office of Vice President for Research’] followed by signature from VPR.

All “Confidentiality and Non-disclosure Agreements (NDA)” are handled by ‘Office of Sponsored Programs’ and/or ‘Office of Industry Contacts’. Both of these offices report to and work under the guidance of ‘Office of Vice President for Research’. All NDA documents are signed by these offices followed by signature from VPR.

For Clemson University Users

All Clemson University users at EM Lab are required to have an Inter-Departmental Orders (IDO) on file prior to using the microscopes. The IDO is an official document and is considered authorization to submit a journal entry for payment of services rendered. We will work with department administrator to help internal EM Lab users setting up the IDO. Upon receipt of completed IDO, we will provide a username and password that will remain active during existing IDO cycle. Users will be able to reserve electron microscope time remotely from their computers once they receive ID, password with an existing active IDO on file.

Procedure:

1. Please send signed IDO to Dayton Cash (FAX# 864-656-2466 or e-mail [email protected]).

2. Please go to this address online at http://130.127.83.240.

3. Taipan menu will appear. Please select "Request Access." Please fill in all of the fields listed and click send. Users will be put into the system and will gain access to the microscopes.

Specific Details

1. IDO

In order to utilize the EM Lab Facilities, all users must have

1. A signed IDO (with a unique Document Number) on file;

2. An appropriate account (project number); and

3. A departmental default number.

Journal entries will be processed at the beginning of the month immediately following the month in which the services were provided. All journal entry errors that are a result of insufficient funds or an invalid project number will be corrected to the departmental default number.

2. Scheduling of Equipment

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Users may schedule two, two-hour time slots per week, per instrument. If additional time is needed, please clear existing request with EM Lab personnel. In case of late arrival, someone else may be allowed to use the time slot. There may be charges for the reserved scheduled time if EM Lab personnel were not contacted. Everyone using the instrument must have their own user name and password. A group member may not reserve time for anyone but themselves.

3. Instructions

1. The Clemson University EM Lab is a teaching facility. Each user will be instructed on how to use the electron microscopes she/he will need.

2. Only the E.M. staff is authorized to train users.

4. Chemical Waivers

All users must sign and return a waiver concerning all the chemicals in the EM Lab. Please ask the EM Lab staff about disposal and handling of these chemicals.

5. Charges

Users will be charged an hourly rate for scope time. Most current rates are published on EM Facility web site.

6. After-hours Use of the Facility

1. Approved persons may use the facility after hours. Please see staff concerning this policy so one may receive card access. Access cards are to be used by the owner and no one else. Please be aware the security cameras are operating at all times for your safety.

2. Everyone using the facility after 4:30 p.m. Monday through Friday and on weekends must be on the computer file to enter. Only persons with valid cards are allowed access; no visitors are allowed.

7. Problems with the Equipment

1. Problems involving any of the equipment must be reported to the staff; this will help ensure speedy repairs. Please do not attempt to repair equipment on your own.

2. Problems after hours: Turn equipment off or at least turn the filament off. Please leave a note on the machine for the lab personnel.

Memory Storage

Images can now be stored onto the server and downloaded from home as long as you have a current account set up. USB flash drives will still be required for storage of EDS WDS word files.

Publications/Images

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We would like to request any users with publications containing EM Lab work done to give us a copy. In case of absence of copy, please notify us about the publications with a possible link. We plan to create a library of research database. Additionally, we would like to have unique images. These images may be showcased around the electron microscopy facility. Images will be professionally colorized and framed, along with credit for the author listed.

6.0 Responsibilities

1. All users are expected to use EM Facility resources in a safe and responsible manner. All users are responsible to wear closed toe shoes while working in the EM Facility.

2. Due to high magnetic field generation, users with implanted devices such as pacemaker must declare them in-advance.

3. Other general responsibilities are outlined in the section 5.0 above.

7.0 Sanctions for Non-Compliance

Non-compliance may result in removal of facility user access and all related privileges. Depending upon the severity of the violation(s), further administrative action(s) as governed by University, State and Federal laws may be recommended to the university administration.

8.0 University Approved Standard Technical Service Agreement (TSA) – Applies to external facility users

MEMORANDUM OF AGREEMENT

Technical Services Agreement

THIS AGREEMENT, by and between Clemson University, a public University located in Clemson, South Carolina (“University”), and ___ _______________________________________________________, having a principal place of business at __________________________________________________, (“Sponsor”).

RECITALS:

1. University has developed expertise and facilities in the area of ______Scanning and Transmission Electron Microscopy_____________________. Subject to the terms and conditions hereof, University will provide specified designated services to outside parties.

2. Sponsor requires the University’s expertise and facilities as further described below;

3. The expertise and facilities are provided to outside parties subject to University priorities and obligations.

4. Making the expertise and facilities available to outside parties is compatible with University’s public service mission.

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NOW, THEREFORE, in consideration of the mutual covenants set forth below, the parties hereto agree to the following:

Article 1 - Services

The Services to be performed pursuant to this agreement are described in the scope of work contained in Appendix A and incorporated herein by this reference. These Services will be performed under the direction of _____Laxmikant V. Saraf____________________________ (the “Technical Director’).

Article 2 - Funds

The cost of the work described in Appendix A as well as the payment plan is set forth in Appendix B and incorporated herein by this reference.

Article 3 - Reports and Publications

University shall provide Sponsor with a written report regarding the data obtained in the course of said Services to the extent required in Appendix A. This report shall be maintained as confidential pursuant to Article 4 of this Agreement.

Article 4 - Confidentiality

“Confidential Information” shall mean any Sponsor-provided materials, written information, and data marked “Confidential” or non-written information and data disclosed which is identified at the time of disclosure as confidential and is reduced to writing and transmitted to University within sixty (60) days of such non-written disclosure. University agrees to use the same degree of care it uses to protect its own confidential information to maintain for a period of three (3) years the confidential information obtained from Sponsor pursuant to this Agreement.

Article 5 - Publicity

Neither party will use the name of the other party in any publicity, advertising, or news release without the prior written approval of the authorized representative of the other party.

Article 6 - Termination

Either party may terminate this Agreement upon fifteen (15) days prior written notice to the other. All reasonable costs and non-cancelable obligations incurred by University at the time of said termination shall be reimbursed by Sponsor. At the request of Sponsor, all unused Sponsor-provided materials at the time of termination shall either be destroyed by University or returned to Sponsor.

Article 7 - University Status

In the performance of all Services, pursuant to this Agreement, University shall be an independent contractor. This Agreement does not create a partnership or joint enterprise between the parties.

Article 8 - Export Control

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Sponsor will not, without prior written permission, provide to University any technology subject to United States Export Control licensing and Sponsor further warrants that it may receive any project results, reports, data or deliverables without such license.

Article 9 - Sponsor Materials

Sponsor will not, without prior written permission from University, provide any material to University that consists of the following in whole or in part:

(1) Human or animal specimens or tissues

(2) Live, vertebrate animals

(3) Infectious agents

(4) Select agents or toxins

(5) Identifiable human data

(6) rDNA

(7) Schedule I or II drugs

At the conclusion of the use, testing or analysis of any material provided by Sponsor to University, University at Sponsor’s request, will either return all unused material to Sponsor or will destroy all unused material and certify such destruction to Sponsor.

Sponsor shall list on Appendix C all materials to be provided by Sponsor and any conditions applicable to those materials. Sponsor hereby certifies that it may legally transfer all materials identified on Appendix C to University. Sponsor agrees that it will not transfer any materials to University not identified on Appendix C.

Article 10 - Warranties and Indemnity

The project results, reports, data, and deliverables are provided to the Sponsor “as is” without warranty of any kind either express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. University shall not be liable for any direct, indirect, consequential, special or other damages suffered by Sponsor as a result of Sponsor’s use of project results, reports, data or deliverables.

Article 11 - Choice of Law

This Agreement is governed by and construed under the laws of the state of South Carolina.

Article 12 - Contacts

Payments and Administrative correspondence should be directed to: Clemson University

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The Technical Director may be reached at: Microscopy Facility, 91 Technology Drive, Anderson, SC 29625, and Telephone: (864)656-7535

Article 13 - Term

This Agreement shall be effective upon signature and shall terminate ______ months later but may be renewed annually or otherwise modified or revised upon the written consent of both parties. University shall not be liable for any delays arising from Sponsor’s failure to timely provide critical materials or information, equipment malfunction or failure, weather related causes, labor disputes or unavailability of key personnel or other acts of God.

9.0 Approval Signatures

This policy has been approved by:

__________________________________________Tanju KaranfilVice President for Research

REVISION HISTORYEFFECTIVE DATE REVISION NUMBER MODIFICATION

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