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Amendment 1 to Grant Agreement with Miami Beach Film Society, Inc. aaao-3/q24 MIAMI BEACH AMENDMENT 1 City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2020/21 Cultural Affairs Grant Agreement This Amendment No. 1 to the Cultural Affairs Grant Agreement(the "Agreement"), dated 2021, by and between the City of Miami Beach, Florida (the "City"), a municipal co oration duly organized and existing under the laws of the State of Florida, Miami Beach Film Society, Inc., a Florida not-for-profit corporation (the "Grantee") is entered into on this_ day of July, 2021. RECITALS WHEREAS, the City and Grantee executed the Agreement to fund activities during the City's fiscal year for which the Grant is approved (October 1, 2020 through September 30, 2021); and WHEREAS, on March 12, 2020 the City of Miami Beach cancelled public gatherings due to the spread of the COVID-19 pandemic, which resulted in the closure of cultural facilities and suspension of cultural programming; and WHEREAS, pursuant to the Agreement, a written Final Report, which documents the Grantee's satisfaction of all requirements, is due no later than October 15, 2021; and WHEREAS,the Parties wish to extend the Grand funding period in order to permit Grantee to complete the Grant activities. THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Grantee hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS The Agreement is hereby amended(deleted items struck through and inserted items underlined) as follows: a. The third paragraph of Section 3 (Budget) of Article II/General Conditions is hereby modified as follows: Line item changes to the Grant Award Budget shall not exceed ten-per-Gent-(40440 per category, and shall, in no event, exceed the total amount of Grant Funds. Should the Grantee not be able to fulfill programmatic activities by December 31, 2021, Cultural Affairs staff will consider allowable expenses to include indirect or general operating costs related to the operation of the organization. Notwithstanding the preceding sentence, amendments to the itemized Grant Award Budget shall not be permitted without the prior written consent of the Cultural Affairs Program Manager. Said requests shall be made in writing, detailing and justifying the need for such changes, in advance of the Project's commencement. b. Exhibit 1/Project Description is hereby modified as to add a new sentence-at the end of the first paragraph (Instructions) as follows: During the 2020-21 season, MBFS will focus on presenting films with historical and cultural significance, digital and enhanced restorations, and special public events. Programmatic series include, "Museum and a Movie" presented in collaboration with Wolfsonian-FIU; "Masters of Jewish Cinema"; "Cinephile's Choice"; and "Highlights of World Cinema Retrospective" which introduces historic films by the decade in conjunction with IAP. Any changes to the programming or delivery method for the programing shall require the prior written approval of the Cultural Affairs program manager, on a case-by-case basis. Grantee shall make every attempt to reschedule approved programming or provide alternative programming solutions, such as live streaming. 3. RATIFICATION Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. • IN WITNESS WHEREOF, the Parties hereto have executed this Agreement this ra__ day of Act.cr-e- , 2021. CITY OF I) AMI BEACH By:/ ,*ma Hudak, City Manager ... .... 0 s ATTEST: * INCORP ORATED - , ranado, City Clerk .... . ihi-pf-i 26' s- MIAMI BE.1 •--ivr#:::,14' INC. : OA* .111-j( ,d11011- ESSIk IF APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION , • \ ' ..:11 • (1110:1 • ',I:A City Attorney 4 ,(