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6.1.B. - Page21 <br /> are limited to the portions of the building that are used to provide <br /> contracted animal control services to County and Cities. <br /> c. Except for the additional funds referenced in subsection f of this <br /> Section 7, which must be used as agreed by the parties, Contractor <br /> will not be required by this amendment to use any additional contract <br /> funds in excess of Contractor's Capital Repair Fund over the term of <br /> this Third Amendment to the Services Agreement, nor is Contractor <br /> committed to exhausting the entire fund; and any unexpended amounts <br /> left in the fund remain the Contractor's. <br /> d. Contractor shall have discretion regarding timing of the execution of <br /> Survey work, to insure that any such work does not impact its abilities <br /> to house and care for animals in a way Contractor finds acceptable. <br /> e. The funds expended by Contractor from the Contractor's Capital <br /> Repair Fund pursuant to this section shall be used to correct conditions <br /> described in the Survey which constitute health or safety hazards as <br /> determined by Contractor. Contractor may also use the funds to <br /> correct other deferred maintenance and repairs as described in the <br /> Survey, and additional repairs and maintenance as needed. Survey <br /> work shall take priority over additional repairs and maintenance. <br /> f. Over the term of the Third Amendment to the Services Agreement, <br /> Contractor may become eligible, pursuant to the criteria set forth in <br /> this Section 7f, for a maximum of an additional fifty thousand dollars <br /> ($50,000)per fiscal year from County to complete additional <br /> necessary maintenance and repairs, in addition to those described by <br /> the Survey, in the portions of the facility used for contracted animal <br /> control services provided to County and Cities. These funds will be <br /> held by County in a fund designated as "County Repair/Maintenance <br /> Fund" and shall be noted as a separate line item in the annual audit. <br /> No such annual funds shall be paid to Contractor in the first fiscal year <br /> ATTY/AGR/2011/AMENDMENTS/AMEND N0.3 ANIMAL CONTORL <br /> 060711 -18- <br />