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6.1.E. - Page 21 <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 /AMEN DIM ENTS /AMEND NO.3 ANIMAL CONTORL <br />060711 -is- <br />