The Tale of the
ARI Database
By Mike Safley
There is an amazing fairy tale floating about: a whodunit really.
The question is who has been managing the ARI database since 1998?
I was surprised to open the Winter 2004-05, issue of Llama Life
II and find out that the ILR Registrar, Jan Wassink, was claiming
that maintaining the database was never in the ILR's job description.
After doing a bit of checking, I found that the ARI Board of Directors
was equally amazed, particularly in light of the fact that the ARI
has written over $1,600,000 worth of checks to the ILR since
1998.
The issue of who was responsible for maintaining the integrity
of the database is critical for several reasons: 1) The database
that the ARI received upon terminating the ILR was a mess, 2) The
state of the database adversely impacted the ARI's ability to provide
registration services to their members, and 3) The ARI's credibility
was impacted by the fallout from their termination of the ILR. The
mystery then is who was supposed to be managing the ARI database
all those years. I'll present the evidence, each side's argument
and then leave it for you to solve the mystery.
The ILR's Side of the Story
Jan Wassink, alleges that, since 1996, the ARI has been "totally
responsible for all aspects of the ARI", and that they had hired
their own administrator, (Jan Wassink's wife, Dar Wassink, which
is another story entirely). He also points out that they paid their
own rent (to the ILR), hired secretarial staff to answer the phone,
hired "lawyers, accountants, investment advisors, data processors,
website designers and so on."
Wassink goes on to say the ILR was simply the "landlord" and the
"vendor" (seller) who "provided services" pursuant to a contract
with the ARI. About the database, he says:
"A study of the contracts between the ARI and the ILR, coupled
with the history and evolution of the division of tasks between
the ARI, the ILR and UC Davis shows clearly that the ILR was not
responsible, and in fact, could not have been responsible for
making sure the ARI DNA database housed in the ILR office was
complete and accurate..."
Wassink does admit, however that, "The ILR was responsible to do
the necessary data entry and produce registration certificates for
alpaca owners in accordance with the current ARI policies." So,
as I understand the Registrar's position they were not responsible
for maintaining the database but they were responsible for the necessary
data entry tasks.
In Llama Life II, Mr. Wassink further argues that, "If
the state of the ARI database is "horrible" that is not the fault
of the ILR," and continues by complaining that, "The ARI Board,
the ARI attorney and Mrs. Forstner continue to try to claim that
the ILR was responsible to maintain the ARI's data DNA database...,"
This, my friends, is the essence of the dispute. The ILR says they
were simply "sellers" and "landlords", and the ARI says they were
managers of the database and therefore responsible for its integrity.
Mr. Wassink says that the evidence that he is right is "very clear".
Part of his proof is that,"..., No documentation exists and no conversation
took place that even discussed an ILR role in maintaining the ARI
DNA database until November of 2003." I can tell you that this was
news to the ARI Board of Directors.
The ARI Position
The ARI Board of Directors' position is very clear: the ILR was
responsible for processing registrations, verifying parentage, issuing
certificates, data processing, and maintaining the ARI database.
The dispute could not be clearer or the positions of the respective
parties more at odds.
Who's Right?
This mystery of who's right is even more confounding when you consider
that the two parties have done business in one form or another since
1989. Millions of dollars have changed hands as the registered herd
grew from a few hundred to over 50,000. How could the parties end
up with such a fundamental misunderstanding of their respective
obligations?
A few additional facts, or clues, may serve to solve, or at least
clarify who is right and who is wrong. The following excerpts are
from the contracts between the parties.
1. The original 1996, Alpaca Registry Administrative agreement
provided the following:
"Relationship Between ILR and ARI. Under this
Agreement, the ILR shall provide registration services and conduct
the day-to-day operation of the Alpaca Registry as the independent
contractor of ARI...,
ARI shall not have the power to control and direct the method
and manner of work to be performed by the ILR to or for the benefit
of ARI under this Agreement except to require that the results
be accomplished in accordance with the terms of this Agreement.
The ILR shall have the discretion to determine the method and
manner in which to accomplish its obligations under this Agreement,
including determinations concerning the personnel to be utilized
to perform the work and the particular methods and procedures
to be utilized to perform the work hereunder...,
Administrative Services To Be Provided By the ILR.
The ILR agrees to provide registration services to alpaca owners
in the same manner and to the same extent and using the same degree
of care as is provided to owners of other llamas with the various
Divisions of the ILR subject to the terms of this Agreement. In
addition, the ILR agrees to provide to the ARI the following administrative
services:
At the end of each month that this Agreement is in effect, the
ILR shall provide ARI with a full backup of the electronic data
then maintained as part of the genealogical and ownership database
for the Alpaca Registry.'
The 1999, Extension and Modification Agreement of the original
administration agreement acknowledged that the "ARI maintains and
administers a unique genealogical registry for alpacas using a computer
database, bloodtyping and/or DNA verification of parentage."
The language in the contracts that the ILR shall provide the same
standard of care under the contract for alpaca owners as it did
for it's own llama owners is particularly persuasive. Are we to
believe that the ILR was not responsible for their own database
and if they were responsible for their database then it would follow
that they were also responsible for the ARI's database. The fact
is that the ARI, by contract, delegated the complete responsibility
for operating the ARI's registry services, including maintaining
the database, to the ILR and they paid the ILR a lot of money for
their services over the years.
1998 - 2004
The Alpaca Registry
Expenses Paid to ILR
| Jan-Dec 98 |
Jan-Dec 99 |
Jan-Dec 00 |
Jan-Dec 01 |
Jan-Dec 02 |
Jan-Dec 03 |
Jan-Dec 04 |
TOTAL |
| $126,330.06 |
230,741.65 |
189,662.69 |
280,858.93 |
346,064.48 |
419,076.23 |
79,704.12 |
1,672,438.16 |
This is a lot of money, particularly if, as the ILR maintains,
they were not responsible for maintaining the ARI's database. But,
you can decide who you think is right.
The bottom line for me is that the ARI Board of Directors would
be crazy to even consider reuniting with the ILR (as some have suggested)
for the purposes of providing registration services. That would
be a very bad ending for the "we are not responsible for the database"
fairy tale.
Reproduced with permission from:
Alpaca
Breeding Farm: Northwest Alpacas: raising suri and
huacaya alpacas for sale, alpaca investment, and alpaca business
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