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HomeMy WebLinkAbout2009-017 Central Coast Zoo Society Zook' - ©> 7 AGREEMENT FOR SERVICES OF THE CENTRAL COAST ZOO SOCIETY This agreement is made upon the date of execution, as set forth below by and between the Central Coast Zoo Society a non-profit organization hereinafter referred to as `Contractor and the City of Atascadero California, a Municipal Corporation, hereinafter referred to as 'Cit-v The parties hereto in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions 1 00 GENERAL PROVISIONS 1 01 TERMS This agreement will become effective on the date of execution set forth below and will continue in effect through September 1 2012 or until terminated as provided herein. The previous agreement executed in 2008 and all obligations therein, between the City and Contractor shall be terminated upon the approval and execution of this agreement. 1 02 SERVICES TO BE PERFORMED BY CONTRACTOR. Contractor agrees to perform or prop ide the seri ices specified in Description of Services attached hereto as Exhibit A hereby incorporated herein. Contractor shall determine the method, details and means of performing the above- referenced services. Contractor coati at Contractors own expense, emploti such staff or assistants, as Contractor deems necessary to perform the services required of Contractor by this agreement. C it% may not control direct or supervise Contractor s assistants or emploNees in the performance of those services except as set forth herein. The parties agree that thev will coordinate activities such as education, membership marketing and special events cooperatv�ely 1 03 COMPENSATION. In consideration for the services to be performed by Contractor City agrees to allow the Contractor to sell Society memberships to the Zoo and offer free admission to members. One half of membership revenue will be remitted to City on a regular basis. The Contractor agrees to having at least one-half of its administrative costs covered by the Contractor's share of membership revenue by the end of the first year of the agreement, and all of its administrative expenses covered by membership revenue by the second year of the agreement. The City will pay all utilities for the office space for the Contractors use of the facilities under the terms provided in "Exhibit B hereby incorporated herein The City will provide free office space and telephone service for Zoo Society staff for performing Society business and activities at the 'Ranger House as described in the attached "Exhibit D" At the end of the second year of the agreement, the dispersement of membership revenue shall be reviewed in light of the true cost, time, and credit card fees of running a membership program. 2 00 OBLIGATIONS OF CONTRACTOR 2 01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR. Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner Contractor operations shall be conducted within a balanced budget within the first year of the agreement. Contractor shall formally address the concerns cited by the American - 1 - , f Zoo and Aquarium Association (AZA) in their correspondence dated May 14, 2009 regarding Zoo accreditation, copti of said correspondence is attached hereto as Exhibit F" The Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractors sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business The (ontractor activities and conduct shall be consistent with the mission of the Charles Paddock Zoo American Zoo and Aquarium Association (AZA) and City policies, procedures and direction. The Contractor shall set annual fundraising and expense goals to be shared with the City The Contractor shall provide quarterly reports to the City and meet monthly with the Zoo Director The Contractor shall set annual fundraising and expense goals to be shared with the City The Contractor agrees to contribute to the City a minimum of$20 000 to the Zoo Front Entrance project by December 3151 2009 The aforementioned sum will be in addition to the Contractors regular maintenance capital fundraising contributions being donated by the Contractor to support the Zoo on an annual basis and to remitting one-half of revenues collected through memberships to the zoo All fund development programs, fundraising events, marketing, advertisements, and public relations as mentioned in this agreement and designated for supporting projects on the Rolling Two-Year Project List, provided by the City and the Zoo, must be reported to and supported by the Society the Zoo Director and reported to the Community Services Director The Contractor will provide significant financial support towards the improvement of the Charles Paddock Zoo on an on-going basis in the form of capital fundraising. Requests for such support for specific improvement projects shall be taken from the approved Rolling Two-Year Project List. 2 02 TOOLS AND INSTRUMENTALITIES. Contractor shall provide all tools, office equipment and instrumentalities to perform the services under this agreement except those listed in "Tools and Instrumentalities Provided by City" attached hereto as "Exhibit D" and hereby incorporated herein. 2 03 INDEPENDENT CONTRACTOR EMPLOYEES OF CONTRACTOR. Contractor enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City Nothing in this Contract shall be construed to be inconsistent with this relationship or status. Any persons employed by Contractor for the performance of services pursuant to this Contract shall remain employees of Contractor, shall at all times be under the direction and control of Contractor, and shall not be considered employees of City All persons employed by Contractor to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Contractor employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees. 2 04 COMPLIANCE WITH EMPLOYMENT LAWS The Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any -2 - manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. 2 05 UNLAWFUL DISCRIMINATION PROHIBITED Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes,but is not limited to, employment discrimination based upon a person s race, religious creed, color national origin, ancestry, physical handicap medical condition, marital status, gender, citizenship or sexual orientation. 2 06 INDEMNIFICATION Contractor hereby agrees to, and shall, hold City its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor s or any of Contractor s employees or agents operations under this agreement, whether such operations be by Contractor or by any one or more persons directly or indirectly employed by, or acting as agent for Contractor; provided as follows a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City or the deposit with City by Contractor of any of the insurance policies hereinafter described. b That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been detennmed to be applicable to anv of such damages or claims for damages 2 07 INSURANCE. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C" attached to and part of this Agreement. 3 00 OBLIGATIONS OF CITY 3 01 COOPERATION City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor s duties under this agreement. Marketing,promotion, volunteer efforts and special events shall be conducted jointly, with prior authorization of the Zoo Director as may be necessary City will provide timely feedback to Contractor to all requests for information. 3 02 PLACE OF WORK. Any work space requirements not set forth in "Exhibit D" shall be the responsibility of Contractor, and Contractor may use alternate space for performing described services. City agrees to furnish space for use by the Contractor while performing the services described in this agreement only as set forth in Exhibits D and E," incorporated herein. - 3 - 1 4 00 TERMINATION OF AGREEMENT 4 01 TERMINATION OF NOTICE Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least 60 days prior written notice to the other parties to this agreement. 4 02 TERMINATION ON OCCURRENCE OF STATED EVENTS This agreement shall terminate automatically on the occurrence of any of the following events (1) Bankruptcy or insolvency of any party- a) should the Contractor dissolve its organization, or terminate it s agreement to support the Charles Paddock Zoo, all of its assets shall revert to the City for the Charles Paddock Zoo This agreement shall supercede other agreements, documents, or resolutions of the society The funds shall be restricted for Charles Paddock Zoo budgetary expenditures and deposited with the Atascadero Community Services Foundation. (2) The end of the 60 days as set forth in Section 4 01, (3) End of the contract to which Contractor s services were necessarti or (4) Assignment of this agreement by Contractor without the consent of the City (5) In the event the City should privatize the Zoo or transfer ownership to another entity, the remaining assets of the Zoo Society shall be deposited with the Atascadero Community Services Foundation, or if the Foundation does not still exist, another non-profit corporation organized and operated exclusively for charitable, educational or scientific purposes, and which has established its tax exempt status. 4 03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR. Should any party default in the performance of this agreement or materially breach any of its provisions, a non-breaching party at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party 4 04 TERMINATION This agreement shall terminate on September 1, 2012, unless extended as set forth in this Section. The City, with the agreement of the Contractor, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement. 4 05 OBLIGATIONS SURVIVE TERMINATION Notwithstanding any termination of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. -4 - 5 00 SPECIAL PROVISIONS 5 01 CONFLICTS OF INTEREST Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractors performance of services under this Contract. Contractor further covenants that in the performance of this Contract, Contractor shall take reasonable care to ensure that no person having any such interest shall be employed by it as an officer employee, agent or subcontractor without the express written consent of the City Manager Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract. Contractor agrees to include language similar to this Section 5 01 in all contracts with subcontractors and agents for the work contemplated herein. 5 02 COOPERATION City and Contractor shall promptly notify the other party should Contractor or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City City and Contractor each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Contractor and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Contractor or City However City and Contractor s right to revielA any such response does not imply or mean the right by the other party to control, direct, or rewrite said response 5 03 COMPLIANCE REQUIRED Contractor shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Contractor shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. 5 04 NONDISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination. 5 05 UNAUTHORIZED ALIENS Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U S C.A. & 1101 et seq), as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys fees, incurred by the City in connection therewith - 5 - 6 00 MISCELLANEOUS 6 01 REMEDIES The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to all remedies now or hereafter allowed by law or equity 6 02 WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter ansmg in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter 6 03 ASSIGNMENT This agreement is specifically not assignable by Contractor to any person or entity Any assignment or attempt to assign by Contractor whether it be voluntary or involuntary by operation of law or otherwise is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4 03 6 04 ATTORNEY FEES In the event of any controversy claim or dispute between the parties hereto, ansmg out of or relating to this agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees 6 05 TIME FOR PERFORMANCE Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused, provided, however that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 6 06 NOTICES Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party- PARTY ADDRESS A. CITY OF ATASCADERO 6907 El Camino Real City Clerk Atascadero CA 93422 Attention. Community Services Dept. B CENTRAL COAST ZOO SOCIETY 9305 Pismo Avenue Atascadero, CA 93422 - 6 - 6 07 GOVERNING LAW This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly waived. 6 08 BINDING EFFECT This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement 6 09 SEVERABILITY Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule 6 10 SOLE AND ENTIRE AGREEMENT This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void 6 11 TIME Time is expressly declared to be of the essence of this agreement. 6 12 DUE AUTHORITY The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties 6 13 CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 6 14 AUTHORITY TO EXECUTE The person or persons executing this Contract on behalf of Contractor warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind Contractor to the performance of its obligations hereunder 6 15 CHANGES The City or Contractor may, from time to time, request changes in the scope of the services of Contractor to be performed hereunder Such changes, including any increase or decrease in the amount of Contractor's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Contractor's compensation and/or changes in "Exhibit A and or "Exhibit B" must be authorized in advance by the City Manager - 7 - Executed on )o- 2009 at Atascadero ATTEST CITY OF ATASCADERO a-1 iu�� (/I Mm 'L lU � By. Marcia McClure Torgerso , CM C Wade G McKinney City Clerk City Manager By• m-- Central Coa Zoo Soc ety APPROVED AS TO FORM Bnan Pierik City Attorney APPROVED AS TO FORM Rachelle Rickard_ Administrative Services Director - 8 - EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY THE CONTRACTOR AND ADDITIONAL REQUIREMENTS The Contractor will fulfill the current agreement by contributing the remaining amount of $10,000 to the City, payable by December 31, 2009 Contractor shall provide consultation and professional management services to The City and Zoo as follows • Conduct fundraising efforts, capital campaigns, procure grants and other funding to support the Charles Paddock Zoo mission and its facilities and operations based on the Rolling Two-Year Project List. The Contractor will contribute a minimum of$20,000 to the Zoo's Front Entrance Project by December 31st, 2009 Additional annual funding support for Zoo improvements, equipment, deferred maintenance projects, supplies, or special projects is expected as additional Zoo support. Requests for this support shall be consistent with the Rolling Two-Year Project List. The solicitation of funds for said projects shall be agreed upon by the Contractor, Zoo Director, and the Community Services Director based on the Rolling Two-Year Project List. • Assist with the recruitment of volunteers to assist with education, gift shop operations, special events and programs sponsored by the Charles Paddock Zoo Volunteer access, hours, behavior and appearance will be subject to review and approval by the Zoo Director Volunteers will assist however the gift shop will be managed by the zoo and profits will return to the zoo The Society will support the above to the best of its ability, not distracting the Society from its prime directive of fund development. • The Contractor shall perform marketing and promotions functions for the Zoo (including website), in coordination with Zoo staff • Develop, manage and solicit Society memberships, which will include free admission to the Charles Paddock Zoo One-half of the net proceeds of the memberships sold shall be remitted to the zoo for operating expenses (exluding credit card fees, etc ) The City will honor all membership of the Contractor to the Charles Paddock Zoo in case of the termination of this Agreement. • Serve as the lead for and coordinate and promote efforts to raise revenues for the zoo through taxes, fees, or assessments without jeopardizing the 501c3 status of the Contractor • The City will assume responsibility for all previously conducted Contractor administered Zoo special events - 9 - (EXHIBIT A CONTINUED) • Special Contractor fundraising initiatives shall be subject to reasonable availability and budget constraints All requests for use of City resources shall be submitted to the Zoo Director in wnthng at least sixty(60) days in advance of the date needed. The granting of the resources shall be at the sole discretion of the Zoo Director • Use of the name and logo by the Contractor in advertisements, publications, and promotional efforts are permitted with the prior authorization of the Zoo Director The Zoo name shall not be used for political purposes Naming opportunities at the Zoo shall be approved by the City • Exhibits, buildings, equipment and improvements paid for by the Contractor shall become the property and sole responsibility of the City The Contractor will have no obligation to maintain or support any improvement. - 10 - EXHIBIT B CONSIDERATION FOR SERVICES City resources to be made available to Contractor as follows • The City will provide office and meeting space to contractor as described in Exhibits D and E attached hereto • The City will pay for gas,water and electrical service for all space used by the Contractor described in Exhibits D and E. • Contractor shall be granted permission to offer free Zoo admission with the sale of Society memberships. • Contractor may be offered the right to operate limited food concessions on Zoo grounds If arranged by mutual agreement, the terms of a food concessions agreement will be described in a separate agreement. - 11 - r � EXHIBIT C INSURANCE REQUIREMENTS Consultant Services The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder br the Consultant,its agents,representatives,employees,or subconsultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: I Insurance Services Office Commercial General Liability coverage(occurrence forni CG 0001). 2 insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability code I (any auto). 3 Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance. 4 Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minorum Limits of insurance. Consultant shall maintain limits no less than. 1 General Liability $1 000,000 per occurrence for bodily injury personal injurN and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liabihty $1 000,000 per accident for bodily injury and property damage. 3 Employer's Liability- $1 000,000 per accident for bodily injury or disease. 4 Errors and Omissions Liability $1,000,000 per occurrence. Deductibles and Self Insured Retentions. Any deductibles or self insured retentions must be declared to and approved by the City At the option of the City either-the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City its officers, officials,employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain,the following provisions. I The Citr its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: habilrty arising out of activities performed by or on behalf of the Consultant;products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City its officers,official,employees,agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City its officers,officials,employees,agents and volunteers. Any insurance or self-insurance maintained by the City its officers,officials,employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3 The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect-to the limits of the insurer's liability 4 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail,return receipt requested,has been given to the City Acceptability of Insurers. Insurance is to be placed with insurers with a current AM Best's rating of no less than ANLL Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf All endorsements are to be received and approved by the City before work commences. - 12 - EXHIBIT D PLACE OF WORK • The City will provide portions of the Ranger House facility located in Atascadero Lake Park for Society offices. The portion of the Ranger House to be used exclusively by the Contractor shall be the office space (indicated in exhibit E) The adjacent Board meeting room will be shared by both parties. The meeting room may be used by the Zoo Education program will school is not in session. Diagram attached as Exhibit E - 13 - EXHIBIT E RANGER HOI SE,'ZOOLOGI( AL SOC IETI FLOOR PLAN D()(,a DI"4 ()"-EPI P4)4-)NI D(K)R .}. ZUt�L�x�It AL',(-)( IETI � � D)OL()uI(_AL St t(IETt t)FFI( E I OFFICE Do ()R BATHR(A i �1 KIT( HE` Ra\GER FrC)U5E R(:)()\,s I ^ - f SLIDIN'Ci(;LASS DOOR DRIN,V N- G NOT TO SC UE - 14 - EXHIBIT F- FINDINGS LETTER FROM AZA - Attached - 15 - e ASSOCIATION OF ZOOS A UA R I MSOL 8403 Colesville Road,Suite 710 Silver Spring,MD 20910-3314 301-562-0777 tel 301-562-0888 fax www.aza.org May 14, 2009 CONFIDENTIAL Alan Baker,Zoo Director Charles Paddock Zoo 910o Morro Road(Highway 41) Atascadero, CA 93422 Dear Mr Baker- As you know, during its meeting in Oklahoma City, Oklahoma on March 22-24, 2009,the AZA Accreditation Commission voted to table the accreditation of the Charles Paddock Zoo. This action was taken because the Commission believes that several issues need to be resolved before accreditation can again be granted. The issues of concern include: • Implementation of the deferred maintenance plan •A list of projects completed, and documentation(including pictures)of same • Documentation of training and enrichment activities • The zoo society is not supportive of the zoo (need evidence of improvement) • The zoo society does not appear to share the institution's goals and objectives (need evidence of improvement) • The zoo society does not appear to be adhering to its mission to provide financial support for the zoo (need evidence of improvement) • Uncertainty of long term financial stability of the zoo society(need evidence of improvement) • Uncertainty of zoo society's working relationship with the zoo (need evidence of improvement) Tabling of an institution takes place when the Commission determines that certain conditions or requirements of accreditation are not being met. While the institution remains accredited during that period,tabling serves as a notification that concerns exist. When tabled, an institution is given one year to address the concerns expressed by the Commission, and a followup inspection must take place prior to the institution's hearing at the Commission's meeting in March 20io At that meeting,the Commission must accredit or deny the institution, tabling will no longer be an option. At the meeting in Oklahoma City you received a copy of the complete Visiting Committee Report. With this letter,we are providing a copy to the Hon. Ellen Beraud so that,together,you can address these concerns. I The Accreditation Commission and the AZA Board of Directors fully support your efforts to address the outstanding concerns. We offer you the opportunity, if you think it useful,of bringing in"another set of eyes"to help guide you through these issues and provide support as you navigate through completion of these items. This would be an individual officially approved by the Commission to assist you in these matters. If you would like to proceed in that regard, please contact Denny Lewis. Sincerely, / f�L, 11 ',��4-1, Bruce W Bohmke Chair,Accreditation Commission [October 1, 2008 — September 30, 2009] cc: The Honorable Ellen Beraud, Mayor[Encl.] Brad Andrews, Chair,AZA Board of Directors Jim Maddy, President&CEO Kristin L.Vehrs, Executive Director Denny Lewis,Vice President,Accreditation Programs Accreditation Commission