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City of Santa Ana <br />Main Library <br />2021-2022 B F-1-21-053 <br />Page 12 <br />sanctioned individuals or entities, that shall be grounds for termination of this <br />agreement. The State shall provide Grantee advance written notice of such <br />termination, allowing Grantee at least 30 calendar days to provide a written <br />response. Termination shall be at the sole discretion of the State. <br />11. Extension: The State Librarian or designee may extend the final deadline for <br />good cause. The Grantee's request for an extension of the grant period must be <br />made in writing and received by the California State Library at least 30 days prior <br />to the final deadline. <br />12. Failure to Perform: The grant being utilized by the Grantee is to benefit the SANTA <br />ANA PUBLIC LIBRARY - Main Library Project. If the Grant Monitor determines the <br />Grantee has not complied with this Agreement, the rantee may forfeit the right <br />to reimbursement of any grant funds not already d by the California State <br />Library, including, but not limited to, the ten per n 0%) withheld. <br />13. Federal and State Taxes: The State LibraryWll not; <br />a. Withhold Federal Insurance Contri Act (FICA payments from <br />Grantee's payments or make FICA p ents on the Grantee's behalf; <br />or <br />b. Make Federal or State une loy urance contributions on <br />Grantee's behalf; or <br />c. Withhold Federg�e inc e taxes from Grantee's payments <br />Grantee shall pay all tare'gled on *ayments made under this Agreement <br />including applicable inco FICA. <br />14. Force Maieur either StdNibrary nor the Grantee, its contractors, vendors, <br />or subcontr ors, if any, s II be responsible hereunder for any delay, default, or <br />nonperforman of this A ement, to the extent that such delay, default, or <br />nonperformance au by an act of God, weather, accident, labor strike, <br />fire, explosion, riot, ebellion, sabotage, flood, or other contingencies <br />unforeseen by the State Library or the Grantee, its contractors, vendors, or <br />subcontractors, and beyond the reasonable control of such party. <br />15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant <br />funds are not expended, or have not been expended, in accordance with this <br />Agreement, the State Librarian or designee, at his or her sole discretion, may <br />take appropriate action under this Agreement, at law or in equity, including <br />requiring the Grantee to forfeit the unexpended portion of the grant funds, <br />including, but not limited to, the ten percent (10%) withhold, and/or to repay to <br />the State Library any funds improperly expended. <br />16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its <br />employees and contract personnel are eligible to participate in any employee <br />City Council 13 — 16 12/20/2022 <br />