Amendment 1 to Grant Agreement with The Rhythm Foundation, Inc. Z.°2.0 - 31,,21
m.I Am IBEACH
AMENDMENT 1
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2020/21 Cultural Affairs Grant Agreement 1T 's Amendment No. 1 to the Cultural Affairs Grant Agreement (the "Agreement"), dated
2f , 2021, by and between the City of Miami Beach, Florida (the "City"), a municipal
orporation duly organized and existing under the laws of the State of Florida, The Rhythm
Foundation, Inc., a Florida not-for-profit corporation (the "Grantee") is entered into on this Li
•
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 percent (10%)
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:
Our 2020-2021 season builds on the successful implementation of the current 2019-2020
season. We anticipate strong partnership and collaboration with preferred area cultural
presentations, an expanded North Beach Social series, and other wonderful stand-along
concerts.
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 programminq 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 Z l
day of )....A , 2021.
CITY OF MIAMI BEACH
By:
Alin udak, City Manager
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