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City of Santa Ana <br />18-HEAP-00007 <br />Standard Agreement Page 4 of 9 <br />EXHIBIT C <br />audit finding report. <br />6. Retention and Inspection of Records <br />A. The Contractor agrees that Agency or its designee shall have the right to review, <br />obtain, and copy all records and .supporting documentation pertaining to <br />performance of this Agreement. The Contractor agrees to provide Agency or its <br />designee, with any relevant information requested. The Contractor agrees to <br />permit Agency or its designee access to its premises, upon reasonable notice, <br />during normal business hours forthe purpose of interviewing employeeswho might <br />reasonably have information related to such records and Inspecting and copying <br />such books, records, accounts, and other materials that may be relevant to a <br />matter under investigation for the purpose of determining compliance with the <br />Chapter 5 of Part 1 of Division 31 of the Health and Safety Code and all other <br />applicable requirements established under SB 850, HEAP program guidance <br />document published on the website, and this Agreement. <br />B. The Contractor further agrees to retain all records described in Paragraph A for a <br />minimum period of five (5) years after the termination of this Agreement. <br />1. If any litigation, claim, negotiation, audit, monitoring, inspection or other action <br />has been commenced before the expiration of the required record retention <br />period, all records must be retained until completion of the action and resolution <br />of all issues which arise from it. <br />7. Breach and Remedies <br />A. The following shall each constitute a breach of this Agreement: <br />1. Contractor's failure to comply with the terms or conditions of this Agreement. <br />2. Use of, or permitting the use of, HEAP funds provided under this Agreement <br />for any ineligible. activities. <br />3. Any failure to comply with the deadlines set forth in this Agreement. <br />B. In addition to any other remedies that may be available to Agency in law or equity <br />for breach of this Agreement, Agency may: <br />1. Bar the Contractor from applying for future HEAP funds; <br />2. Revoke any other existing HEAP award(s) to the Contractor; <br />3. Require the return of any unexpended HEAP funds disbursed under this <br />Agreement; <br />4. Require repayment of HEAP funds disbursed and expended under this <br />Agreement; <br />5. Require the immediate return to Agency of all funds derived from the use of <br />HEAP funds including, but not limited to recaptured funds and returned funds; <br />Homeless Emergency Aid Program <br />NOFA Date: 09/06/2018 <br />