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<br />San Leandro Public Library <br />Memory Lab <br />2021-2022 <br />40-9281 <br />Page 13 of 40 <br />any grant funds not already by the California State Library, including, but not <br />limited to, the ten percent (10%) withhold. <br /> <br />21. Federal and State Taxes: The State Library shall not: <br /> <br />a. Withhold Federal Insurance Contributions Act (FICA) payments from <br />Subrecipient’s payments or make FICA payments on the Subrecipient’s <br />behalf; or <br />b. Make Federal or State unemployment insurance contributions on <br />Subrecipient’s behalf; or <br />c. Withhold Federal or State income taxes from Subrecipient’s payments <br />Subrecipient shall pay all taxes required on payments made under this <br />Agreement including applicable income taxes and FICA. <br />22. Force Majeure: Neither the California State Library nor the Subrecipient, its <br />contractors, vendors, or subcontractors, if any, shall be responsible hereunder for <br />any delay, default, or nonperformance of this Agreement, to the extent that <br />such delay, default, or nonperformance is caused by an act of God, weather, <br />accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other <br />contingencies unforeseen by the California State Library or the Subrecipient, its <br />contractors, vendors, or subcontractors, and beyond the reasonable control of <br />such party. <br /> <br />23. 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 their sole discretion, may take <br />appropriate action under this Agreement, at law or in equity, including requiring <br />the Subrecipient to forfeit the unexpended portion of the grant funds, including, <br />but not limited to, the ten percent (10%) withhold, and/or to repay to the <br />California State Library any funds improperly expended. <br /> <br />24. Fringe Benefit Ineligibility: Subrecipient agrees that neither the Subrecipient nor <br />its employees and contract personnel are eligible to participate in any <br />employee pension, health benefit, vacation pay, sick pay or other fringe benefit <br />plan of the State of California or the State Library. <br /> <br />25. Generally Accepted Accounting Principles: The Subrecipient is required to use <br />Generally Accepted Accounting Principles in documenting all grant <br />expenditures. <br /> <br />DocuSign Envelope ID: BFA82BFD-E288-4CA3-B9FB-BAC4531C0FB0 <br />In Process