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Home My WebLink AboutR-23-0310City of Miami Resolution R-23-0310 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14265 Final Action Date: 7/13/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE MANAGEMENT AND OPERATION OF THE TOWER THEATER BY THE PERSONNEL OF THE CITY COMMISSION DISTRICT THREE OFFICE; APPROVING USE OF THE BUDGETARY AMOUNTS OF TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($275,000.00) AND FIVE HUNDRED SIXTEEN THOUSAND FIVE HUNDRED DOLLARS ($516,500.00) THAT WERE ALLOCATED FOR THE TOWER THEATER FOR SUCH NEEDS INCLUDING, BUT NOT LIMITED TO, THE FUNDING OF PROGRAMMING AND PERSONNEL, INCLUSIVE OF TWO FACILITY ATTENDANTS AT NINE THOUSAND DOLLARS ($9,000.00) EACH, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE MANAGER'S EXECUTION OF THE MEMO FOR THE DELEGATION OF AUTHORITY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI ("CITY") PROCUREMENT ORDINANCE, ANTI - DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO ALLOCATE AND APPROPRIATE FUNDS AS NECESSARY AND APPLICABLE, PURSUANT TO THE PROVISIONS OF THIS RESOLUTION AND SUBJECT TO ANY AND ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS; AUTHORIZING THE CITY MANAGER TO MAKE ANY CHANGES NECESSARY AND APPLICABLE TO ADJUST, AMEND, AND APPROPRIATE THE CITY'S OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN, AS NECESSARY AND APPLICABLE, PURSUANT TO THE PROVISIONS OF THIS RESOLUTION, RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND THE DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION HEREWITH; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU") WITH THE CITY COMMISSION DISTRICT THREE OFFICE FOR THIS PILOT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SUCH COMMENCEMENT AND EXPIRATION DATES AS PROVIDED THEREIN, AND REQUIRING FUTURE CITY COMMISSION APPROVAL FOR ANY REINSTATEMENT OF THE SAME, CONSISTENT WITH SECTION 2-33(C)(9) OF THE CITY CODE. City of Miami Page 1 of 3 File ID: 14265 (Revision:) Printed On: 7/8/2025 File ID: 14265 Enactment Number: R-23-0310 WHEREAS, the City of Miami ("City") Tower Theater property is one of the City's oldest cultural landmarks and, when it first opened in 1926, was considered the finest state-of-the-art theater in the South; and WHEREAS, during the late fifties and throughout the sixties, for many of the Cuban families that fled to Miami, the films at the Tower Theater were an introduction to American culture in addition to pure entertainment; and WHEREAS, in 2002, the City entered into a lease agreement with Miami Dade College, under the auspices of the Miami Film Festival, for the management and operations of the Tower Theater; and WHEREAS, the City decided not to renew said lease agreement and, in January 2023, the same was terminated; and WHEREAS, amongst the improvements the City wants for the Tower Theater are included a theater stage, a rotating visual arts exhibit, and a welcome center to help show visitors what Miami has to offer; and WHEREAS, the Tower Theater is located within the City Commission District Three and, going forward, its management and operations will be addressed by the personnel of said office; and WHEREAS, the budgetary amounts of Two Hundred Seventy Five Thousand Dollars ($275,000.00) and Five Hundred Sixteen Thousand Five Hundred Dollars ($516,500.00) that were allocated for the Tower Theater will be used for such needs including, but not limited to, the funding of programming and personnel, inclusive of two Facility Attendants at Nine Thousand Dollars ($9,000.00) each, subject to the availability of funds and budgetary approval at the time of need; and WHEREAS, concerning said management and operations of the Tower Theater, any and all City departmental cooperation required for address of matters outside of the scope of the programming and personnel of the City Commission District Three Office including, but not limited to, repairs and improvements, will be coordinated through the City Manager's Office; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The management and operation of the Tower Theater by the personnel of the City Commission District Three Office, are hereby approved. Section 3. The use of the budgetary amounts of Two Hundred Seventy Five Thousand Dollars ($275,000.00) and Five Hundred Sixteen Thousand Five Hundred Dollars ($516,500.00) that were allocated for the Tower Theater for such needs including, but not limited to, the funding of programming and personnel, inclusive of two Facility Attendants at Nine Thousand Dollars ($9,000.00) each, subject to the availability of funds and budgetary approval at the time of need, are hereby approved. City of Miami Page 2 of 3 File ID: 14265 (Revision:) Printed on: 7/8/2025 File ID: 14265 Enactment Number: R-23-0310 Section 4. The City Manager is authorized' to execute the memo for the delegation of authority, in a form acceptable to the City Attorney, for said purpose. Section 5. The City Manager is authorized' to execute any and all documents, including any amendments and modifications, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 6. The City Manager is authorized' to allocate and appropriate funds as necessary and applicable, pursuant to the provisions of this Resolution and subject to any and all applicable Federal, State, and local laws, rules, and regulations. Section 7. The City Manager is authorized to make any changes to adjust, amend, and appropriate the City's Operating Budget, Five -Year Financial Plan, Strategic Plan, and Multi - Year Capital Plan, as necessary and applicable, pursuant to the provisions of this Resolution. Section 8. Certain necessary actions by the City Manager and the designated City departments to update the relevant financial controls, project close-outs, accounting entries, and computer systems in connection herewith are hereby ratified, approved, and confirmed. Section 9. The City Manager is authorized' to negotiate and execute a memorandum of understanding ("MOU") with the City Commission District Three Office for this pilot, in a form acceptable to the City Attorney, for such commencement and expiration dates as provided therein, and requiring future City Commission approval for any reinstatement of the same, consistent with Section 2-33(c)(9) of the City Code. Section 10. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: r ndez, City Httor ey 7/3/2023 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 14265 (Revision:) Printed on: 7/8/2025