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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-GMU 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
All
University Card Privileges* for Affiliates of Osher Lifelong
Learning Institute at George Mason University
Book Store
Same
privileges as Faculty/Staff
Faculty
and staff receive a 10% discount on most merchandise. Exclusions
include, magazines, newspapers and convenience items or as designated.
Dining Services
Same
discount as offered Faculty/Staff
$3.50
lunch specials at Ciao Hall on Tuesday & Thursday during Fall and
Spring semester currently offered
Aquatic Center
Participants
offered annual memberships at the same rate as employees of the University (currently
$175)
OLLI
members receive a parking pass with their membership. This offer does
not extend to faculty, staff, administration or other affiliates.
Johnson Center Cinema
Same
discount as offered Faculty/Staff ($1 fee for movies).
Library
Take
out ten books at one time
Books
may be withdrawn for a 3 week period with one renewal
Request
books from other UNIVERSITY campuses
Use
of Arlington Law Library is excluded
Apple Federal Credit
Union
Entitled
to join as a member of the Credit Union
Same
benefits as all Apple Credit Union members
Patriot Center
Same
discount as offered Faculty/Staff Card holders
Discounts
vary per event and require Mason Id card
Freedom Center
15%
discount off of regular annual membership rates
Performing Arts Center
Discounts
are offered, but not to all events
Discounts
vary with performance and require Mason ID card
CUE Bus
CUE
Bus rides for free with show of Mason ID
Chevy Chase Bank
Check
cashing privileges at Chevy Chase Bank campus locations (Mason ID
required)
*All
privileges subject to change. Revised- July 1, 2007 [Back to Contents]
Updated:
November 4, 2007
Copyright © 2007 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. |
