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Amendment No.1 to the Cultural Affairs Grant Agreement with New World Symphony, Inc. 2019 - 31004 MIAMI BEACH 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 tle;t 3i, 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, New World Symphony, Inc., a Florida not-for-profit corporation (the "Grantee") is entered into on this day of �`�ctvr -, , 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 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, 2020, Cultural Affairs staff will consider allowable expenses to include indirect or general bca nned APR 1 9 2021 _6 y 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: Chamber Music Series March 15, 2020 Mahan Esfahani, harpsichord New Music Series April 11, 2020 HK Gruber, conductor/chansonnier Orchestra Series April 17 and 18*, 2020 Osmo Vanska, conductor Joyce Yang, piano Chamber Music Series April 26, 2020 Andrew Bain, horn Orchestra Series May 2* and 3, 2020 Michael Tilson Thomas, conductor Gautier Capuron, cello 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 WITNESS WHEREOF, the Parties hereto have executed this Agreement this 3i day of , 2021. CITY OF MIAMI BEACH By: 77' Raul J. Aguila, Interim City Manager %IL 1,4 / ....6 C V 7ts ....".. • N. ATTEST: 1ird * 1NCORP ORATED.) * I V-Ovr 'a - nado, City Clerk NEW WORLD SYMPHONY, INC. ra v s,red 'Aoxa ByHoward Herring : 'C 05 iG 0,0 ATTEST: • .V.oe nnet, lullsa Fos* Julisa Fuste====r— Dale 2020 10 05 15:51:25-04W APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1( Olt)/01-1 "pity Attorney f%c\.