|
AFFILIATION
AGREEMENT
BETWEEN GEORGE MASON UNIVERSITY
AND THE OSHER LIFELONG LEARNING
INSTITUTE AT GEORGE MASON UNIVERSITY
The Affiliation Agreement for OLLI's use
of the Tallwood Annex and the
University's support for OLLI-Mason was
renewed for five years in September
2007. This
agreement complements the Deed
of
Lease, which was finalized on
October 8, 2007.
AFFILIATION
AGREEMENT BETWEEN GEORGE
MASON UNIVERSITY AND THE OSHER
LIFELONG LEARNING INSTITUTE AT GEORGE
MASON UNIVERSITY
THIS
AFFILIATION AGREEMENT ("Agreement") is
made this 28th day of September, 2007,
by and between George Mason University
(“University”) and the Osher Lifelong
Learning Institute at George Mason
University (“OLLI”).
WHEREAS,
the University, an institution of higher
education established pursuant to
Virginia Code § 23-91.24, et seq. ;
WHEREAS,
OLLI, an independent Virginia
corporation and non-profit organization
dedicated to offering older adults in
Northern Virginia learning opportunities
through a wide variety of non-credit,
non-degree-granting classes, events and
activities, seeks to fulfill its mission
as an affiliated educational institute
of the University by offering its
program at one or more locations on
University campuses;
WHEREAS,
the General Assembly of the Commonwealth
of Virginia has encouraged the
Commonwealth’s institutes of higher
education to support “Learning in
Retirement” institutes and
organizations;
WHEREAS,
the University is a party to a April
2006 Grant Agreement from the Bernard
Osher Foundation to support OLLI,
and
WHEREAS,
the parties wish to set forth the terms
and conditions of a mutually beneficial
affiliation;
NOW,
THEREFORE IN CONSIDERATION of the mutual
promises and benefits hereunder and
other good and valuable consideration,
the parties mutually agree to the
following: [Back to Contents]
ARTICLE 1
– Term and Amendments
1.1
This
Agreement shall be for a term of five
(5) years beginning on July 1, 2007 and
ending on June 30, 2012. The
parties may renew for additional
five-year terms by mutual written
agreement. Either party may terminate
this MOU without cause at any time by
serving written notice of its intent to
terminate not less than six (6) months
in advance of such termination.
1.2
The
Parties shall enter into a separate
lease (the “Lease”) governing the use of
space on the University’s Fairfax campus
known as Tallwood House, or equivalent
space designated by University, on terms
reasonably satisfactory to OLLI and
sufficient for OLLI’s reasonable
requirements. The Parties
acknowledge that the University has
entered into negotiations under the
Commonwealth’s Public Private Education
Infrastructure Act (PPEA) for the
construction of a University Based
Retirement Community (UBRC); and that
OLLI may establish a presence in the
UBRC as soon as practicable after it is
completed. Space allocations and
usage agreements to be jointly developed
prior to occupancy.
1.3
This
Agreement may be amended by subsequent
written agreement of the parties. [Back to Contents]
ARTICLE 2
- Responsibilities and Commitments of
the University
2.1
Recognizing the interest of citizens of
Loudoun County in establishing an
institute for learning in retirement at
the Loudoun Campus of the University, as
well as the possible interest of local
citizens in making similar arrangements
at other University campuses in the
future, the University shall support,
consistent with its resources, the
establishment of such facilities by
providing dedicated classroom, office,
meeting and social space, without rental
cost, as well as access to parking, in
accordance with provisions to be
established by further agreement. It is
understood that the establishment of
such facilities could take several
forms, including OLLI establishing a new
site or sites at the Loudoun or other
campuses, local citizens establishing
separate entities affiliated with the
University or a combination of these
forms. The determination of which form
to follow in each case shall be taken in
consultation among OLLI, the University
and local citizen supporters.
2.2 The
University shall make facilities and
services available to OLLI on the same
terms and conditions as are available to
University departments, including but
not limited to:
2.2.1
Reimbursable
use of printing and copying facilities
and publicity resources, including
design of publications;
2.2.2
Advice
and support of the Office of University
Development on matters relating to OLLI
fund-raising;
2.2.3
Advice
and support of the University Public
Relations Office on matters relating to
OLLI marketing and promotion;
2.2.4
Use
of the University’s mail stop and Local
Area Network (LAN) system, including, if
feasible, establishment of a wireless or
other connection linking the LAN system
with the OLLI office and classrooms at
Tallwood House; and
2.2.5
Reimbursable
use of University conference rooms and
banquet facilities;
2.3
University, through its departments of
Accounts Payable, Purchasing, and Office
of Sponsored Programs, shall serve as
OLLI’s fiscal agents for the purposes of
disbursements, purchasing and grant
administration, subject to compliance
with all requirements of Virginia law
and University policies and
procedures. UNIVERSITY, through
its Human Resources Department, shall
process payroll for OLLI’s executive
director, subject to compliance with all
requirements of Virginia law and
University policies and
procedures. OLLI shall at all
times comply with all University
policies and procedures for purchasing,
accounts payable, sponsored programs, or
human resources.
2.4
The University shall continue to
encourage its faculty to respond
favorably to OLLI requests for teaching
and other assistance involving OLLI’s
program. It is understood that such
assistance to and participation in OLLI
programs is voluntary on the part of
individual faculty members and that, in
accordance with OLLI’s standard policy,
no remuneration or honoraria are
awarded.
2.5 The
University shall continue to provide
persons who are officially certified by
OLLI as active OLLI members or staff
with identification (ID) cards that
identify them as “Affiliate” and
“faculty/staff.” As such, OLLI staff and
OLLI members shall be entitled to the
benefits found in Addendum 1 to this
Agreement. This Addendum may be
modified from time to time, as
circumstances require. [Back to Contents]
ARTICLE 3
– Responsibilities and Commitments of
OLLI
3.1 OLLI
shall undertake to continue to provide
its program to older persons in Northern
Virginia utilizing its main Tallwood
House site and such other sites as may
subsequently be established. It shall
use its best efforts to continue to
offer its program at sites that are not
part of University campuses.
3.2 OLLI
shall support the University in
appropriate ways, including but not
limited to:
3.2.1 Award
of annual scholarship funds to the
George Mason University Foundation;
3.2.2
Development of joint or cooperative
programs of classes and other activities
with University entities in which the
participation of older adults and
students may create synergies beneficial
to both the University and OLLI;
3.2.3
Publicizing in its print and electronic
media educational, social, cultural,
community and other activities organized
or sponsored by the University,
particularly those in which older
citizens may be interested or could play
a valuable role. Included among these
activities are: the Center for the Arts,
Harris Theater, Patriot Center and
Aquatic and Fitness Center;
3.2.4 Use
of rooms and facilities at Tallwood
House by University departments and
other affiliates during such time, as
the space is not needed for OLLI
programs or functions. Such
requests shall be made by and through
the University’s Office of Space
Management;
3.2.5
Support the Office of University
Development on matters relating to
University fund-raising activities.
3.3 OLLI
shall reimburse University for salary
and benefits paid by University to its
Executive Director pursuant to Section
2.3 of this Agreement.
3.4
OLLI shall procure and continue in
effect and be covered by a comprehensive
general liability insurance policy,
including but not limited to, a
professional liability, libel, and
slander endorsement(s) and a non-owned
and hired vehicle liability policy (if
applicable), each with $500,000 coverage
per occurrence and a $1,000,000
umbrella. These policies shall name
University, the Commonwealth of
Virginia, their employees and agents, as
Additional Insureds. OLLI agrees
to keep University advised of any
material changes in this policy and to
provide University with a copy of the
Additional Insured endorsement of the
policy. In locations where it is
required, Workers Compensation coverage
shall also be maintained. OLLI shall, at
University’s request, furnish University
with insurance certificates indicating
such coverage.
3.5 OLLI
shall continue to encourage its members
to respond favorably to University
requests for assistance, including
teaching, educational support, studies
and other activities, and shall
circulate such requests to its members
for these purposes. It is understood
that such assistance to and
participation in University programs is
voluntary on the part of individual OLLI
members and not rendered in expectation
of remuneration or honoraria.
3.6 To
facilitate cooperation, liaison and the
exchange of information between OLLI and
the University, OLLI shall welcome the
attendance and participation of a
designated University representative at
OLLI open meetings, such as its Board of
Directors and Annual Membership
meetings. To this end, OLLI will provide
notice of such meetings to the
designated University representative at
the same time such notices are sent to
OLLI members and shall allow the
representative’s full participation in
open meetings on a non-voting basis. [Back to Contents]
ARTICLE 4
- Joint Undertakings
4.1 The
University and OLLI shall publicize
their affiliation appropriately in their
respective print and electronic media.
4.2 The
University and OLLI shall cooperate to
promote their individual and joint
interests, including but not limited to
the following:
4.2.1 OLLI
shall lend its official support and
encourage its members to support the
educational and financial objectives,
policies and goals of the University
before national, state and local
government bodies, consistent with its
non-profit status. To this end, OLLI
shall welcome advice and suggestions
from the University identifying current
and anticipated issues where OLLI’s
official and individual member support
would be welcome.
4.2.2
To the extent allowed by law, the
University shall lend its official
support and encourage its staff and
faculty to support the educational and
financial objectives, policies and goals
of OLLI before corporate and government
bodies and with private individuals. To
this end, the University shall welcome
advice and suggestions from OLLI
identifying current and anticipated
issues where University’s support would
be welcome.
4.3 To
facilitate cooperation, liaison and the
exchange of information between OLLI and
the University, senior officials of the
University and OLLI shall meet on an as
needed basis, but at least annually, to
review and discuss matters of mutual
interest. [Back to Contents]
ARTICLE 5
- General
5.1 This
Agreement shall be construed, governed
and interpreted pursuant to the laws of
the Commonwealth of Virginia. All
disputes arising under this Agreement
that cannot be resolved between the
parties shall be brought before a proper
state or federal court in the
Commonwealth of Virginia.
5.2 Should
any portion of this Agreement be
declared invalid or unenforceable for
any reason, such portion is deemed
severable from the Agreement and the
remainder of this Agreement shall remain
fully valid and enforceable.
5.3 This
Agreement constitutes the entire
understanding of the parties and
supersedes all prior oral or written
agreements, except as otherwise provided
or noticed in this Agreement.
5.4 The
failure of a party to enforce any
provision in this Agreement shall not be
deemed to be a waiver of such right.
5.5 Any
notice required by this Agreement shall
be in writing and addressed to the
parties’ designated contact listed
below. Notice shall be deemed
given when sent; postage prepaid,
through the United States Postal Service
by certified mail, return receipt, or
personally served to the appropriate
party. [Back to Contents]
For
University:
J. Thomas Hennessey, Jr.
Chief of Staff to the President
George Mason University
4400 University Drive, MSN 3A1
Fairfax, Virginia 22030
with
a copy to:
Office of University Counsel
George Mason University
4400 University Drive, MSN 2A3
Fairfax, Virginia 22030
For OLLI:
OLLI President
c/o OLLI Office
4210 Roberts Road
Fairfax, VA 22030
5.6 The
provisions contained in this Agreement
which, by their terms, require
performance after the expiration or
termination of the Agreement shall be
enforceable notwithstanding the
expiration or other termination of the
Agreement.
5.7 Neither
party shall assign or otherwise transfer
its rights or delegate its obligations
under this Agreement without the prior
written consent of the other
party. Any attempted assignment,
transfer or delegation without such
consent shall be void.
5.8 Nothing
in this Agreement shall be deemed as a
waiver of the sovereign immunity of the
Commonwealth of Virginia. [Back to Contents]
IN
WITNESS THEREOF,
George
Mason University and the Osher Lifelong
Learning Institute at George Mason
University have caused this Agreement to
be executed by their duly authorized
representatives.
For George
Mason University:
For the Osher
Lifelong Learning Institute:
By:
/J.
T. Hennessey/
By: /Robert P.
Carroll/
J.
Thomas Hennessey, Jr.
Chief of
Staff to the President
President
Date:
Sep 28,
2007
Date: Sep 28,
2007
[Back to Contents]
Attachment
1 - University Privileges
(Webmaster
Note: Privileges are updated
periodically. For the most current
list of privileges, see the All
About OLLI page.)
[Back to Contents]
Updated:April
5, 2012
Copyright
© 2012 Osher Lifelong Learning
Institute at George Mason University.
Materials in this publication subject to
OLLI-GMU copyright may be reproduced for
noncommercial educational purposes as
long as credit is given to OLLI-GMU.
Osher
Lifelong Learning Institute at George
Mason University
4210 Roberts Rd.,
Fairfax, VA 22032-1028
Phone: (703) 503-3384; E-mail: olli@gmu.edu;
Fax: (703) 503-2832
Original site design and construction by
OLLI-GMU member Rod Zumbro. |
