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Amendment No.1 to the Cultural Affairs Grant Agreement with Miami Beach Garden Conservancy, Inc. 20 1 9 - 3 1 004 MIA l\ IBEACH AMENDMENT 1 City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2019/20 Cultural Affairs Grant Agreement This Amendment No. 1 to the Cultural Affairs Grant Agreement (the "Agreement"), dated Mevve,L, 3( , 2021, by and between the City of Miami Beach, Florida (the "City"), a municipal corporation duly organized and existing under the laws of the State of Florida, Miami Beach Garden Conservancy, Inc., a Florida not-for-profit corporation (the "Grantee") is entered into on this i u day of a J- , 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, 2019 through September 30, 2020); 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 16, 2020; 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. Paragraph 3 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 __ , --e _ , - _ - , - ---e the total amount of Grant Funds. Should the Grantee not be able to fulfill programmatic activities by December 31, 2020, 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 follows: Garden Programming October 2019- September 2020 Ongoing Garden Sponsored Activities Toast Masters Thursdays 6-7:30pm Sunday Meditation and Yoga - Weekly Wednesday and Sundays Garden Club Meetings- Monthly, Second Thursdays 10am-1 pm Green Book Club- Monthly, First Wednesdays 10am-12pm Summer Art Camp- Wednesdays in June- August 10am-1 pm Art in the Park with Marie- Bi-Monthly, 1St and 3rd Sunday mornings 10am-1 pm Art Exhibitions- Monthly, Butterfly Conference Room Educational Activities Saturday Educational Lectures- varied topics Second Saturday of the Month Compost Corral Workshops- Every Sunday 10am-12pm Community Outreach- As requested- area schools Any changes to the programming will be approved by Cultural Affairs staff on a case-by-case basis. Grantee should make all attempts to reschedule 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 ITNES WHEREOF, the Parties hereto have executed this Agreement this day of , 2021. CITY OF MIAMI BEACH 7- \ By: Raul J. Aguili, Interim City Manager . .... 74/1 ATTEST: 1*1INCORP ORATED: • '•<„ ........... . ranado, City Clerk ":;CH 2e. ........... . MI I BRACH GARDEN,ONSEF,ApCy, INC. A , ATTEST: —17j\j\k5 Ot110—S APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 2ILIN At* Oy City Aftomey