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1 <br /> <br />Section I. General Provisions <br />A. The purpose of this Animal Shelter Facility Maintenance Agreement ("Agreement") is <br />to set forth the roles and responsibilities of the County of San Mateo (hereinafter <br />"County," which includes employees, officers, and authorized representatives), <br />acting through its San Mateo County Health Division of Public Health Policy & <br />Planning ("PHPP"), and the County Public Works Department Facilities <br />Maintenance, Operations and Building Services ("Facilities Services"); and the <br />Peninsula Humane Society & SPCA (hereinafter "Contractor," which includes <br />employees, officers, and authorized representatives) for Contractor's use, operation <br />and management of the Animal Shelter Facility, located at 12 Airport Boulevard, in <br />the incorporated area of the City of San Mateo, California ("Shelter"). <br /> <br />B. The parties understand and agree that Contractor's use of the County-owned Shelter <br />is pursuant to and contingent upon an active Service Agreement between Contractor <br />and County for Contractor's animal control services to the County ("Animal Control <br />Services Agreement"). Contractor may use and occupy the Shelter only for the <br />purpose of providing animal control and sheltering services to the County and cities <br />as set forth in the Animal Control Services Agreement and any additional activities as <br />mutually agreed to by Parties. This Agreement shall terminate concurrently with the <br />Animal Control Services Agreement. <br /> <br />If there is a material breach of this Agreement by Contractor, then this Agreement is <br />subject to termination at the County's option if Contractor fails to cure the breach <br />within sixty days (60) notice by County of such breach. However, if the breach Is <br />causing continuing damage to the Shelter, County may take any steps necessary to <br />immediately halt such damage, and if the breach is intentional or negligent, then <br />Contractor shall be solely responsible for the cost and expense. <br /> <br />Upon expiration or termination of this Agreement and/or the Animal Control Service <br />Agreement, Contactor shall be given 7 days to vacate the Shelter by removing all <br />Contractor-owned and personal items and return the Shelter in a clean and orderly <br />fashion, ordinary wear and tear excepted. Contractor will use best efforts to not <br />disrupt any operations occurring at the shelter during this time <br />C. This Agreement shall be in effect from the date last signed below and run concurrent <br />with the Animal Services Agreement and any fully executed extensions. Upon <br />termination of this Agreement, Contractor shall vacate the Shelter on the date of <br />termination and return it to County in good condition, excepting normal wear and <br />tear. Any damage to the Shelter caused by the negligent or intentional acts of <br />Contractor shall be promptly repaired by Contractor at its sole expense and not out <br />of Contract funds or other County funds. <br />D. The County acknowledges and agrees that the entirety of fees and costs related to <br />Contractor's operation of the Shelter, and/or performance of this Agreement, shall be <br />funded solely from the Contract Funds provided to Contractor from County under the <br />  <br />    <br /> <br />   <br />   <br />