Grant Agreement with The Miami Design Preservation League 201 — 3019 3
MIAMI BEACH
CITY OF MIAMI BEACH
FISCAL YEAR 2018-2019 GRANT AGREEMENT
PROJECT No.: 2019-CMB-12
This GRANT AGREEMENT is made and entered into this I e1 day of S 1 , 2019 by and between
the City of Miami Beach Florida (hereinafter the "City"), and the Miami Design Preservation League,
Inc. (hereinafter the "Grantee"). This Agreement is effective October 1, 2018, the "Effective Date."
ARTICLE I /GRANT DESCRIPTION
GRANTEE: Miami Design Preservation League, Inc.
GRANTEE CONTRACT ADMINISTRATOR: Daniel Ciraldo, Executive Director
ADDRESS: 1001 Ocean Drive
CITY, STATE, ZIP: Miami Beach, FL 33139
PHONE, FAX, E-MAIL: 305-672-2014, daniel@mdpl.org
GRANT AMOUNT: $17,924.75
PROJECT DESCRIPTION: See Exhibit 1 hereto
GRANT PROJECT BUDGET: See Exhibit 2 hereto
GRANT TERM: October 1, 2018 — September 30, 2019
EXPENDITURE DEADLINE: September 30, 2019
PROJECT COMPLETION DATE: September 30, 2019
FINAL REPORT DEADLINE: October 15, 2019
FINAL REIMBURSEMENT
REQUEST DEADLINE: October 15, 2019
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
FOR CITY: City of Miami Beach, Florida
ATTEST:
By:
Rafael E. nado, City Clerk Jii my L. Morales, City Manager
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ARTICLE Il /GENERAL CONDITIONS
1. PARTIES: The parties to this Agreement are the Grantee listed in Article I, and the City, a
municipal corporation organized under the laws of the State of Florida. The City has delegated the
responsibility of administering this Grant to the City Manager or the City Manager's authorized designee
(the "Contract Administrator").
2. PROJECT DESCRIPTION: The Grantee may only use the Grant for the purposes that are
specifically described in the Project Description, attached hereto as Exhibit 1.Any modification to Exhibit
1, Project Description, shall not be effective unless approved by a written amendment to this Agreement
signed by the City and Grantee. Grantee agrees that all funding provided by the City pursuant to this
Agreement will be used exclusively for goods or services to be provided within the City of Miami Beach.
3. GRANT PROJECT BUDGET: Subject to the availability of City funds, the maximum amount
payable to Grantee for goods or services rendered under this Agreement shall not exceed the Grant
Amount as set forth in Article I of this Agreement. Grantee agrees that should available City funding be
reduced, the amount payable under this Agreement will be reduced at the sole option of the City of
Miami Beach. All of the grantee's expenditures are subject to the terms of this Agreement, and as
specified in the Grant Project Budget, attached hereto as Exhibit 2. Any modification to Exhibit 2, Project
Budget, shall not be effective unless approved, in writing, by the City and Grantee. Notwithstanding the
foregoing, no modification to the project budget shall exceed the Grant Amount set forth in Article I of
this Agreement. Any request by Grantee to modify Exhibit 2, Project Budget, shall be made in writing,
using City approved forms, detailing and justifying the need for such changes.
4. REPORTS: This Grant has been awarded with the understanding that the activities and services
contemplated under the Project Description will mutually contribute to the enhancement of services
available to City residents, businesses, and visitors. As a condition of disbursements of grant funds,
and to demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must submit
quarterly reports to the Contract Administrator by the following dates: January 15th, April 15th, July 15th,
and the final report by October 15th
New Grant awards will not be released to the Grantee until all Final Reports for previously awarded
grants are received. The City may withhold any future payments of the Grant, or the award of any
subsequent Grant, if it has not received all reports required to be submitted by Grantee, or if such
reports do not meet the City's reporting requirements. Any reports may be disseminated by the City
without the prior written consent of the Grantee. All quarterly reports must be submitted on the Exhibit
3, Grant Quarterly Status Report Form, detailing Grantee's compliance at the time of a partial
reimbursement request.
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5. REIMBURSEMENT REQUESTS: Reimbursement requests may be submitted to the City at any
time during the Grant Term. All reimbursement requests must be made after expenditures have
occurred. All reimbursement requests for funds must be submitted on Exhibit 4, Grant Reimbursement
Request Form. All reimbursement requests must be submitted prior to October 15th, 2019. Grantee shall
provide the City with copies of all receipts, invoices, cancelled checks(with copies of both front of back)
and proof of expenditures of Grant monies. Grantee shall provide the City with and shall categorize all
receipts, invoices, cancelled checks, and other documentation, according to the categories set forth in
the grant budget. Invoices and checks must be directly related to expenses for Grant-funded activities
taking place within the 2018-19 Fiscal Year.
6. AMOUNT OF GRANT AND PAYMENT SCHEDULE: The total amount of the Grant is set forth
in Article I, subject to the restrictions set forth herein. In awarding this Grant, the City assumes no
obligation to provide financial support of any type whatsoever in excess of the total Grant amount. Cost
overruns are the sole principal responsibility of the Grantee. The Grant funds will only be remitted to
the Grantee once the Mayor and City Commission have approved the grant award, and once all parties
have executed this Agreement.
7. GRANT RESTRICTIONS: Grant funds awarded pursuant to this Agreement may not be used
for the following expenditures: remuneration of City employees for services rendered as part of a project
funded by this Grant; debt reduction; social and/or fundraising events; cash prizes; lobbying or
propaganda materials; charitable contributions; or events not open to the public.
8. NO GUARANTEE OF FUNDING: The grantee acknowledges that the receipt of this grant does
not imply a commitment on behalf of the City to continue or provide funding beyond the terms specified
in this Agreement.
9. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Manager's
designee may monitor and conduct an evaluation of the Project under this Grant, which may include,
with or without limitation, visits by City representatives to Grantee's offices and/or the site of any project
funded by this Grant, to observe Grantee's programs, procedures, and operations, or to discuss the
Grantee's programs with Grantee's personnel; and/or requests for submittal of additional documentation
or written reports, prior to the Project completion date, evidencing Grantee's progress on the Project.
10. BANK ACCOUNTS AND BONDING: Grantee shall maintain all monies received pursuant to
this Agreement in an account with a bank or savings and loan association that is located in Miami-Dade
County. The Grantee shall provide the City-with the name of the bank or savings and loan association,
as well as the name and title of all individuals authorized to withdraw or write checks on Grant Funds.
11. ACCOUNTING AND FINANCIAL REVIEW: Funded activities by this Grant must take place
during the City's fiscal year for which the Grant is approved (October 1 —September 30). The GRANTEE
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shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in
conformance with reasonable accounting standards. These books and records, as well as all
documents pertaining to payments received and made in conjunction with this Grant, including, without
limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year
for which they are approved and retained in Miami-Dade County in a secure place and in an orderly
fashion by the Grantee for at least three (3) years after the Expenditure Deadline specified in in this
Agreement. These books, records, and documents may be examined by the City, and/or its authorized
representatives, at the Grantee's offices during regular business hours and upon reasonable notice.
Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee,
whether or not purported to be related to this Grant.
Grantee costs or earnings claimed under this Agreement may not also be claimed under any other
Agreement from the City of Miami Beach or from any other entity. Any claim for double payment by
Grantee shall be a material breach of this Agreement.
12. PUBLICITY AND CREDITS: The Grantee must include the City logo and the following credit
line in all publications related to this Grant: "This Project is funded in whole or in part by a grant
from the City of Miami Beach." Grantee's failure to comply with this paragraph may preclude future
grant funding from the City, in the same manner as if Grantee defaulted under this Agreement.
13. LIABILITY AND INDEMNIFICATION: Grantee shall indemnify and hold harmless the City and
its officers, employees, agents, and contractors, from and against any and all actions (whether at law
or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation, attorneys'
fees and costs of defense, for personal, economic, or bodily injury, wrongful death, or loss of or damage
to property, which the City or its officers, employees, agents and contractors may incur as a result of
claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to,
or resulting from the performance of this Agreement by the Grantee or its officers, employees, agents,
servants, partners, principals or contractors. Grantee shall pay all claims and losses in connection
therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name
of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and
attorneys'fees which may issue thereon. Grantee expressly understands and agrees that any insurance
protection required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set
forth herein, to indemnify, hold harmless, and defend the City or its officers, employees, agents, and
contractors as herein provided.
If the Grantee is a government entity, this indemnification shall only be to the extent and within the
limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute whereby the
Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by
any one person which exceeds the sum of $200,000, or any claim or judgment or portions thereof,
which, when totaled with all other claims or judgments paid by the government entity arising out of the
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same incident or occurrence, exceed the sum of$300,000 from any and all personal injury or property
damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of
the Grantee entity.
14. ASSIGNMENT: The Grantee shall not be permitted to assign this Grant, and any purported
assignment will be void, and shall be treated as an event of default pursuant to this Agreement.
15. COMPLIANCE WITH LAWS: The Grantee agrees to abide by and be governed by all
applicable Federal, State, County and City laws, including but not limited to Miami-Dade County's
Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by
reference as if fully set forth herein, and Chapter 2, Article VII of the City Code, as amended, which is
incorporated herein by reference as if fully set forth herein.
16. DEFAULT/TERMINATION PROVISIONS: In the event the Grantee shall fail to comply with
any of the provisions of this Agreement,the City Manager or the City Manager's designee may terminate
this Agreement and_withhold or cancel all or any unpaid installments of the Grant upon giving five (5)
calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee
under this Agreement. Further, in the event of termination, the Grantee shall be required to immediately
repay to the City all portions of the Grant which have been received by the Grantee, as of the date that
the written demand is received.
Any uncommitted Grant funds which remain in the possession or under the control of the
Grantee as of the date of the Expenditure Deadline specified in this Agreement must be returned to the
City within fifteen (15)days after the Expenditure Deadline. If such funds have been committed but not
expended, the Grantee must request in writing from the City Manager an extension of the Expenditure
Deadline which, if approved, shall be for a period not to exceed one (1) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon
demand by delivering to the City Manager a certified check for the total amount due, payable to the City
of Miami Beach, Florida.
These provisions shall not waive or preclude the City from pursuing any other remedies that
may be available to it under the law.
Notwithstanding the provisions of this Section, and without regard to whether City has exercised
the Default provisions thereof, the City reserves the right, at its sole and absolute discretion, to
discontinue funding of the Grant if it is not satisfied with the progress of the Project or the content of any
required written report. In the event of discontinuation of the Grant or at the close of the Project, any
unexpended Grant Funds shall be immediately returned to the City, except where the City Manager has
agreed in writing to alternative use of the unused/unexpended Grant Funds.
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17. INSURANCE REQUIREMENTS:
A. Verification of Coverage
Grantee shall provide the required insurance certificates, endorsements or applicable policy
language effecting coverage required by this Section, as follows. All certificates of insurance
and endorsements are to be received prior to any work commencing. However, failure to obtain
the required coverage prior to the work beginning shall not waive the Grantee's obligation to
provide them. The City of Miami Beach reserves the right to require complete, certified copies
of all required insurance policies, including endorsements required by these specifications, at
any time.
i. Worker's Compensation Insurance as required by Florida Statute, Chapter 440, and
Employer's Liability Insurance with limits of no less than $1,000,000 per accident for
bodily injury or disease.
ii. Commercial General Liability on a comprehensive basis, including products and
completed operations, contractual liability, property damage, bodily injury and personal
& advertising injury combined single limit of$1,000,000 per occurrence for bodily injury
and property damage. City of Miami Beach must be shown as an additional insured with
respect to this coverage.
iii. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with the work, in an amount not less than $500,000 combined single limit
per occurrence for bodily injury and property damage.
iv. Professional Liability coverage in the amount of$1,000,000 per claim.
B. Additional Insured Status
The City of Miami Beach must be covered as an additional insured with respect to liability arising
out of work or operations performed by or on behalf of the Grantee.
C. Waiver of Subrogation
Grantee hereby grants to City of Miami Beach a waiver of any right to subrogation which any
insurer of the Grantee may acquire against the City of Miami Beach by virtue of the payment of
any loss under such insurance. Grantee agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Miami Beach has received a waiver of subrogation endorsement from the
insurer.
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D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII,
unless otherwise acceptable to the City of Miami Beach Risk Management Office.
E. Special Risks or Circumstances
The City of Miami Beach reserves the right to modify these requirements, including limits, based
on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder
Certificate holder must read:
CITY OF MIAMI BEACH
c/o HR Department/Risk Management Division
1700 Convention Center Drive
Miami Beach, FL 33139
F. Compliance with the foregoing requirements shall not relieve the grantee of its liability and
obligation under this section or under any other section of this Agreement.
18. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants,
conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit,
modify or waive either party's right thereafter to enforce or compel strict compliance with every term,
covenant, condition or other provision hereof.
19. WRITTEN NOTICES: Any notices required under this Agreement will be effective when
delivered to the City in writing and addressed to the City Grant Administrator and to the Grantee when
addressed to the Grantee Contract Administrator.
20. CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement, are for
convenience of reference only and should not be deemed or construed as in any way limiting or
extending the language or provisions to which such captions may refer.
21. CONTRACT REPRESENTS TOTAL AGREEMENT: This contract, including its special
conditions and exhibits, represents the whole and total agreement of the parties. No representations,
except those contained within this agreement and its attachments, are to be considered in construing
its terms. No modifications or amendments may be made to this Agreement unless made in writing
signed by both parties, and approved by appropriate action by the Mayor and City Commission.
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22. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and requests for
reimbursements to be submitted to the City Contract Administrator listed below.
Judy Hoanshelt
Director, Grants Management Division
City of Miami Beach
Office of Budget and Performance Improvement
1700 Convention Center Drive
Miami Beach, FL 33139
Tel: 305-673-7510/305-673-7000 ext. 6183
Fax: 786-394-4675
Email: iudyhoanshelt anmiamibeachfl.gov
ARTICLE III / MISCELLANEOUS PROVISIONS
23. The Grant awarded herein is the result of a finding by the,City, based on representatives,
documents, materials and other information supplied by Grantee,that the Grantee is performing a public
purpose through the programs, projects, and/or services recommended for support. As such, use of
Grant funds for any program component not meeting this condition will be considered a breach of the
terms of this Agreement and will allow the City to seek remedies including, but not limited to, those
outlined in this Grant Agreement.
24. The Grantee also accepts and agrees to comply with the following Special Conditions:
The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance
as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting
discrimination in employment, housing and public accommodations on account of actual or perceived
race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and
familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization
membership, familial situation, or political affiliation.
The City endorses, and Grantee shall comply with, the clear mandate of the Americans with
Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals with disabilities
from enjoying the same employment opportunities that are available to persons without disabilities.
The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and
prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access
and equal opportunity and services without discrimination on the basis of any disability.
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25. GOVERNING LAW AND EXCLUSIVE VENUE:
This Agreement shall be governed by, and construed in accordance with, the laws of the State
of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive
venue for,any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State
court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO
THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY
MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS AGREEMENT.
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EXHIBIT 1
PROJECT DESCRIPTION
BACKGROUND/DESCRIPTION OF NEED:
The Art Deco Welcome Center is South Florida's leading visitor center, welcoming 10,000 visitors per
month on average. Miami Design Preservation League, Inc. ("MDPL") manages the center, which is
owned by the City of Miami Beach. The center includes a Visitor Concierge, Daily Walking Tours, the
Art Deco Museum, and the Official Art Deco Gift Shop, as well as MDPL's administrative offices. This
grant will help support the Art Deco Museum and Daily Walking Tours.
KEY INTENDED OUTCOME (KIO):
Services provided by the Grantee support the following City Key Intended Outcome:
• Enhance Beauty and Vibrancy of Urban and Residential Neighborhoods; Focusing on
Cleanliness, Historic Assets, in Select Neighborhoods and Redevelopment Areas
• Maximize Miami Beach as a World Class Destination
PROGRAM DESCRIPTION:
The Art Deco Museum is open Tuesday— Sunday, 10am-5pm. A visit to the museum will teach about
the three major historic design styles in Miami Beach. These styles are Mediterranean, Art Deco, and
Miami Modern (MiMo). In addition to MDPL's permanent exhibitions, MDPL develops and delivers
ongoing rotating exhibitions focused on topics related to our mission. This year, MDPL also began a
local artist program, which highlights work by local artists inspired by the nature, beauty, and
architecture of Miami Beach. General entrance fee is $5. Miami Beach residents, students and children
receive free admission.
Daily Walking Tours are provided by our certified tour guides. Guides come from diverse backgrounds
and many have been school teachers, architects, or served in design-related roles. Daily walking tours
are provided 7 days per week, and MDPL also offers an annual Tour Guide Academy to train new
guides in support of our mission to preserve, protect, and promote. Finally, MDPL offers free guided
tours to press from around the globe, helping keep Miami Beach on the map and leading to major
publicity worldwide for our Art Deco paradise.
LOCATION:
All activities take place in and around the Art Deco Welcome Center, located at 1001 Ocean Drive.
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GRANT ACTIVITIES:
Activity Name . Activity Description Description of Number of Service
Service Recipients Recipients
Art Deco Welcome Open 7 days per week, Visitors from around Approximately 120,000
Center the center includes the the world. annually.
Visitor Concierge, Daily
Walking Tours, Art Deco
Museum, and Official Art
Deco Gift Shop
GOALS/OUTCOMES:
[Please complete below table and provide a written narrative below]
Outcome Measure Target Reporting
Timeline
Increase Annual Museum Visitor Log / 19,960 Final Report
Number of Visitors to Museum Admissions
Museum Sales
Maintain Excellent TripAdvisor List of 4.5 Stars Final Report
Ratings Reviews, Museum "Guest
Book"
STAFFING:
[Please complete below table only if requesting grant funds for agency staff/salaries]
Position Title Description/Responsibilities to Grant Program
Tour Director The Tour Director oversees all aspects of MDPL's Daily
Walking Tours, including tour guide liaison, scheduling,
communication with the press and tour group requests,
and development of the Tour Guide Academy and
Specialty Tour Programs. This position is part-time
salaried $25,000 annually.
Museum Greeter The Museum Greeter position welcomes guests to the.
museum and ensures an excellent experience for our
visitors. There are two part-time employees sharing this
position salaried at $29,482.57 annually for both.
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PARTNERS:
All goods and services referenced in this Agreement are the sole responsibility of the Grantee. Should
the Grantee choose to partner with outside agencies to provide any portion of the goods and services
referenced in this Agreement, it agrees to execute a Memorandum of Understanding or contractual
Agreement with said partners prior to beginning services. Grantee agrees to provide to the City a copy
of any and all documents or agreements executed in connection with this Agreement.
Agency Description/Responsibilities to Grant Program
N/A
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EXHIBIT 2
PROJECT BUDGET
Grantee Miami Design Preservation League, Inc.
Budget Line Item Description Project Budget
Staff Salary and Wages: Approximately 22% of the Tour $5,601.50
(Tour Director) Director's salary. This position is part-
time salaried $25,000 annually.
Staff Salary and Wages: Approximately 19% of the Museum $5,601.50
(Museum Greeter) Greeter's salary. This position is a full-
time position shared by two part-time
employees salaried at $29,482.57
annually for both.
Printing & Copying Includes printing costs for building $6,721.75
signage, Art Deco Walking Guide,
Audio Tour Maps, Museum Entry
Stickers, etc.
Total Amount $17,924.75
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EXHIBIT 3
CITY OF MIAMI BEACH
GRANT QUARTERLY STATUS REPORT FORM
CMB GRANT AGREEMENT No.:
GRANTEE NAME:
GRANTEE ADDRESS:
GRANTEE CONTRACT ADMINISTRATOR:
GRANTEE CONTRACT ADMINISTRATOR'S E-
MAIL ADDRESS:
REPORT PERIOD:
❑ Oct. 1 - Dec. 31 ❑ Jan. 1 — Mar. 31 ❑ Apr. 1 —Jun. 30 ❑ Jul. 1 - Sept.30
Due Jan. 15 Due Ap. 15 Due Jul. 15 Due Oct. 15
WORK ACCOMPLISHED:
PROBLEM ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Grantee:
Name
Signature/Date
City of Miami Beach
Name Name
Signature/Date Signature/Date
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EXHIBIT 4
CITY OF MIAMI BEACH
GRANT REIMBURSEMENT REQUEST FORM
• Part 1 of 2
CMB AGREEMENT No.:
GRANTEE NAME:
GRANTEE ADDRESS:
GRANTEE CONTRACT ADMINISTRATOR:
GRANTEE CONTRACT ADMINISTRATOR'S
E-MAIL ADDRESS:
REQUEST No.
Amount of Assistance: $
Less Previous Total Disbursements: $
Balance Available: ' $
Funds Requested This $
Disbursement:
Certification of Payment: I certify that the above expenses were necessary and reasonable for the
maintenance and operation of our premises and in accordance with this agreement.
Grantee:
Name
Signature/Date
City of Miami Beach
Name
Signature/Date
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