Memorandum of Understanding Between the University of Wisconsin-Madison and Dane County, Wisconsin

WHEREAS, the University of Wisconsin–Madison (the university) has maintained a colony of Rhesus Macaque monkeys and a colony of Stumptail Macaque monkeys for research purposes funded by the National Institutes of Health since 1963, and

WHEREAS, monkeys from each colony have been housed at a facility owned and maintained by the university at the Henry Vilas Zoo (the zoo) which is operated by Dane County, Wisconsin (the county), and

WHEREAS, the National Institutes of Health ceased providing funding for these colonies on February 1, 1998 and the university has no other discretionary funding available for the care and maintenance of the colonies or the facility at the zoo, and

WHEREAS, the university and the county believe that this understanding is in the best interests of both parties,

NOW, THEREFORE, the university and the county hereby enter into the following understanding from which the appropriate legal documents will be entered into at the appropriate time:

The colony of Stumptail Macaque monkeys will remain at the zoo.

Ownership of the Stumptail colony will transfer to the county effective January 1, 1999. The county will be responsible for all costs associated with food, supplies, and utilities for the Stumptail colony, effective January 1, 1999.

The county will assume the university’s interest in the lease with the City of Madison for the monkey facility on January 1, 1999. The university will, no later than January 15, 1999, pay to the county $60,000 towards the cost of capital improvements of the monkey facility. The county will be responsible for all other capital improvement costs.

The university will provide all staffing services, including veterinary care, monkey handlers, and maintenance and cleaning of the interior and exterior of the monkey facility, through March 3, 1999. From March 3, 1999 through April 30, 2002, the county may purchase these services from the university on a cost recovery basis. After April 30, 2002 the university and county may agree to extend the purchase of these services on a cost recovery basis.

The county agrees to hold the university harmless for any injuries caused to the general public by the Stumptail colony or any individual member thereof effective January 1, 1999.

The university will support and assist the county in seeking foundation grants to fund the county’s financial obligation under this agreement. If, on September 1, 1998, the county has been unable to raise the requisite funds to provide for the future care and maintenance of the Stumptail colony, the county may cause this agreement to become null and void by so notifying the university in writing not later than September 10, 1998. In the event of such action by the county the university will maintain responsibility for the Stumptail colony and may transfer the colony from the zoo.

If, within sixty days from the date of this agreement, an animal sanctuary which is deemed suitable by the university enters into an agreement with the university to take ownership of and provide for the transfer of the colony of Rhesus Macaque monkeys at no cost to the university, the colony will be transferred to that sanctuary. In the event an agreement with a suitable sanctuary is not reached within sixty days, the university may transfer the colony.

Entered into at Madison, Wisconsin this 3rd Day of March, 1998.