HomeMy WebLinkAboutResolution 2026-34152RESOLUTION NO. 2026-34152
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, (1) REINSTATING THE GRANT AGREEMENT AND
ALL RELATED GRANT DISBURSEMENTS BETWEEN THE CITY AND OOLITE
ARTS INC., FORMERLY KNOWN AS SOUTH FLORIDA ART CENTER, INC.
("OOLITE ARTS"), AND (2) LIFTING THE PAUSE ON THE EXECUTION OF
ALL FUTURE GRANT AGREEMENTS BETWEEN THE CITY AND OOLITE
THAT WAS PREVIOUSLY DIRECTED BY THE MAYOR AND CITY
COMMISSION VIA RESOLUTION NO. 2024-33265, FOLLOWING OOLITE
ARTS' HIRING OF A NEW EXECUTIVE DIRECTOR AND THE CITY
COMMISSION'S REVIEW AND APPROVAL OF OOLITE ARTS' STATEMENT
OF INTERNAL CONTROLS.
WHEREAS, on September 11, 2024, the Mayor and City Commission adopted Resolution
No. 2024-33265, suspending the grant agreement and all related grant disbursements between
the City of Miami Beach and Oolite Arts Inc., formerly known as South Florida Art Center, Inc.
("Oolite Arts"), and pausing the execution of all future grant agreements until otherwise directed
by the Mayor and City Commission, in order to allow Oolite Arts to hire a new Executive Director
and to enable the City Commission to review and approve Oolite Arts' statement of internal
controls; and
WHEREAS, on January 25, 2025, John Abodeely ("Abodeely") was appointed President
& CEO of Oolite Arts, bringing extensive experience from his prior leadership roles in Houston's
public art agency, the John F. Kennedy Center for the Performing Arts, and Americans for the
Arts; and
WHEREAS, Abodeely has since restructured Oolite Arts' staff and strengthened its
programming and services for artists and the Miami Beach community; and
WHEREAS, Oolite Arts has presented updated operating procedures for its Walgreens
Windows exhibition program, including enhanced curatorial, contracting, installation, and
complaint -handling processes, ensuring oversight, transparency, inclusivity, and accountability in
its operations; and
WHEREAS, on October 16, 2025, Abodeely shared updated procedures with the City of
Miami Beach Cultural Arts Council (CAC), which unanimously recommended the release of past
funds and supported reinstating Oolite Arts as a City grant -funded organization, as documented
in LTC #443-2025; and
WHEREAS, the Mayor and City Commission find that Oolite Arts has satisfied the
conditions set forth in Resolution No. 2024-33265 by hiring a new Executive Director and
implementing updated internal controls for its Walgreens Windows exhibition program, thereby
warranting reinstatement of the grant agreements and disbursements; and
WHEREAS, the reinstatement will allow the City to disburse the pending FY 2024 Cultural
Arts Council Grant second payment balance, in the amount of $15,318.50, representing the total
funds owed to Oolite Arts under the suspended FY 2024 Grant Agreement between the City and
Oolite Arts.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby (1)
reinstate the grant agreement and all related grant disbursements between the City and Oolite
Arts Inc., formerly known as South Florida Art Center, Inc. ("Oolite Arts"), and (2) lift the pause on
the execution of all future grant agreements between the City and Oolite Arts that was previously
directed by the Mayor and City Commission via Resolution No. 2024-33265, following Oolite Arts'
hiring of a new Executive Director and the City Commission's review and approval of Oolite Arts'
statement of internal controls.
PASSED and ADOPTED this aS
ATTEST:
nMAR 0 3 2026
Rafael E. Granado, City Clerk
day of r--2hru4� 202(o
Steven Meiner, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(2::? - tom)9 )-W S
City to—mey % Date
Resolutions - R7 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM Eric Carpenter, City Manager
DATE: February 25. 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, (1) REINSTATING THE GRANT AGREEMENT AND ALL
RELATED GRANT DISBURSEMENTS BETWEEN THE CITY AND OOLITE ARTS
INC.. FORMERLY KNOWN AS SOUTH FLORIDA ART CENTER, INC.("OOLITE
ARTS"), AND (2) LIFTING THE PAUSE ON THE EXECUTION OF ALL FUTURE
GRANT AGREEMENTS BETWEEN THE CITY AND OOLITE THAT WAS
PREVIOUSLY DIRECTED BY THE MAYOR AND CITY COMMISSION VIA
RESOLUTION NO. 2024-33265, FOLLOWING OOLITE ARTS' HIRING OF A NEW
EXECUTIVE DIRECTOR AND THE CITY COMMISSION'S REVIEW AND
APPROVAL OF OOLITE ARTS' STATEMENT OF INTERNAL CONTROLS.
RECOMMENDATION
Adopt the resolution.
BACKGROUND/HISTORY
On September 11, 2024.. the Mayor and City Commission approved Resolution #2024-33265
(Attached), suspending the grant agreement and all related grant disbursements between the City
and the South Florida Art Center, Inc. (Oolite Arts), and pausing the execution of all future grant
agreements between the City and Oolite Arts until otherwise directed by the Mayor and City
Commission to allow Oolite Arts to hire a new Executive Director and to enable the City
Commission to review and approve Oolite Arts statement of internal controls.
ANALYSIS
Update on Oolite Arts President and CEO:
On January 25, 2025, John Abodeely was appointed President & CEO of Oolite Arts. Since taking
the role, Abodeely has met with several Miami Beach elected officials, as he has familiarized
himself with the city and organizations 40-year history on Lincoln Road in Miami Beach. Having
replaced more than half of the Oolite staff since taking the role, Abodeely has been working on
building new and improved programs and services for artists and the Miami Beach community
that visits the organizations gallery shows on Lincoln Road.
Abodeely has previously served as CEO of the public art agency for the city of Houston, the
nation's fourth largest city, where he overhauled grant making and public art processes
representing more than $20 million in annual arts investments. In Houston, Abodeely designed
and launched the nation's first disaster resilience program for a local arts ecosystem. Prior to his
role in Houston. Abodeely worked as a senior federal official in the arts in Washington, D.C. and
held roles at the John F. Kennedy Center for the Performing Arts and Americans for the Arts
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Update on Oolite Art's Statement of Controls for the Walgreens Windows Exhibition Program:
Oolite Arts has made significant updates to their staffing and standard operating procedures for
their "Walgreens Windows" exhibition program and has presented the updated language below
and attached as follows:
To ensure a smooth and successful exhibition process with appropriate oversight over all aspects
of the public exhibition process, Oolite Arts is implementing the following updated procedures:
Oolite Arts Walgreen's Windows Exhibition Procedures:
For spaces owned or controlled by third parties, such as corporate clients, the client's policies
and decisions supersede Oolite's.
Curatorial and Contracting Processes
• Oolite contracts will include artwork images and requirements of adherence to Oolite
policies regarding diversity, discrimination, and disparagement. They will also include
adherence to the policies, procedures, and expectations of the owners of the exhibition
space.
• The Director of Exhibitions will clearly communicate procedures, check points,
obligations, and consequences regarding the curatorial, installation, and deinstallation
processes, which are also outlined in the Oolite contract signed by the artist.
• The Director of Exhibitions will collaborate with all contracted artists to obtain installation
proposals, images, and any written materials at least four weeks before the scheduled
installation. Site -specific installations created for a particular venue require schematic
approvals prior to installation.
• These materials will undergo review by Oolite Arts leadership, and final written approval
of all works will be required before the exhibition officially opens.
o Deviations from the original proposal that have not received written approval from
the Exhibitions Director may be refused at the sole discretion of Oolite Arts.
• The Director of Exhibitions will view artwork in person prior to installation.
• If contracts are violated, the artist may face legal and financial implications.
Installation
• The Director of Exhibitions will preside over the installation and deinstallation of artwork,
viewing the process in person at least once per day of installation and deinstallation.
• Access to the exhibition space will be provided only after all approvals have been
provided for the artist and can be revoked at any time. Access will not be permitted
before or after the installation and deinstallation period in the Oolite-Artist contract.
Exhibition Materials
• Oolite will publish comprehensive materials that identify the artist, the exhibition, and
provide relevant context and history of the work to support understanding of the
exhibition.
• For works that may spark dialogue, Oolite will create opportunities for community
dialogue to support the development of educational programming around the exhibit.
• Oolite retains rights to final approval or revision of language or other materials supported
by the contracted artist for inclusion in educational or published materials.
Handling Public Complaints Post -Exhibition Opening:
If complaints are received from the public after an exhibition has opened, Oolite Arts will take the
following steps:
First Response:
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Whoever becomes aware of the complaint should immediately share it with the
President and CEO, who will share it with and engage in discussion with the Director
of Programs, Board Chair, and other leadership as they see fit and convene an initial
conversation to review this process and choose next steps.
Primary actions will include
1. Soliciting the complaint in writing for clarity and confirmation. Written complaints
are required, identifying the artwork, and articulating the complaint, the nature of
the harm, the parties harmed, and an explanation of the experience so Oolite
might understand fully.
2. Contacting the artist(s) and scheduling an immediate discussion with them.
I Sharing regular updates with the board and any other community leaders, as
appropriate.
4. Enacting this process.
Review and Discussion:
• The exhibition will remain as it is while Oolite Arts establishes a period for review and
discussion involving the artist, Oolite staff. Oolite board members, and members of
the community who have lodged complaints.
• The President and CEO may choose to engage a consulting partner to facilitate a
dialogue and analysis.
Evaluation of Complaints:
Oolite staff, with board consultation as appropriate, will assess the nature of the
complaint and the motivations, experiences, and needs of the individuals or groups
involved.
With consultation from Oolite staff and board, the President and CEO will determine
whether the complaint is sincere, complicated by other agendas, requiring
remediation, the type of response it requires, and the needs of all parties to be
treated with dignity and respect.
Learning Opportunities:
Response may include educational opportunities concerning the controversial
subject, fostering dialogue among concerned stakeholders, and addressing the issue
raised by the artwork through a community -engaged process.
Contract and Agreement Review:
Review any relevant contracts or agreements between Oolite Arts and the venue
where the art is being exhibited, unless the exhibition is within an Oolite facility.
Guiding Principles for Decision -making:
Artistic Expression: Artistic expression is protected and valued; removal is
considered only under serious concern.
Inclusivity & Equity: Concerns are treated with respect and urgency.
Transparency: All steps of the review process will be documented and
communicated appropriately.
Due Process: Artists, curators, and community members are given an opportunity to
participate in discussions.
Board Engagement:
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• The board will be informed initially or not at the discretion of the board chair who is
part of the team of first review.
• If initially informed, the board will be kept informed throughout the process.
• The board will be engaged if the removal of artwork or any other response affects
institutional policy, legal, financial or donor obligations.
Final Decision and Communication:
The Oolite Arts President and CEO will be responsible for evaluating any complaints
and making final decisions regarding the art in question, following a period of
thoughtful and inclusive discussions.
The President and CEO will communicate the final decision to the artist, those who
have lodged complaints, staff, board members, and any other relevant stakeholders,
such as the public.
On October 16, 2025, Oolite Art's CEO John Abodeely shared the above updated procedures for
the Walgreen's Windows exhibition program with the City of Miami Beach Cultural Arts Council
(CAC) at their October meeting. The CAC motioned to support and recommend the release of
past funds based upon the policies that Oolite Arts has put in place, which includes the changing
of staff and leadership. The motion passed unanimously and shared via LTC #443-2025
(Attached).
It is important to note that since the appointment of the new CEO in January 2025, Oolite Arts has
worked to strengthen its organization by restructuring its staff and continuing to provide arts
programming and exhibitions to the community.
Should the Mayor and Commission approve the reinstatement of Oolite Arts as City grant funded
organization, the following funding, approved and allocated in the current budget, would be
disbursed:
FY 2024 Cultural Arts Council Grant Second Payment: $15,318.50
This would bring the total amount of paused funds needed to be disbursed to South Florida Art
Center (Oolite Arts) to $15,318.50.
FISCAL IMPACT STATEMENT
The pending Cultural Arts Council funding for South Florida Art Center ("Oolite Arts"), which is
approved and allocated in the current budget, is $15,318.50
Does this Ordinance require a Business Impact Estimate? Click or tap here to enter text.
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www miamibeachfl gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
FY 2024 CAC Grant Award - $15,318.50 - 140-6080-000349-25-406-555-00-00-00
CONCLUSION
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The Administration recommends adopting the Resolution to reinstate the grant agreements
between the City and the South Florida Art Center, Inc. ("Oolite Arts"), along with all related grant
disbursements. This recommendation follows the City of Miami Beach Cultural Arts Council's
advisement to lift the pause on executing future grant agreements with Oolite Arts, considering
the appointment of the new CEO, John Abodeely, and the update of the standard operating
procedures for the "Walgreens Windows" exhibition program.
If the Mayor and Commission approve Oolite Arts' reinstatement as a City grant -funded
organization, the City will release the previously paused funding, which is both approved and
allocated in the current budget, totaling $15,318.50.
Applicable Area
South Beach
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O. Bond
Project?
hn
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Tourism and Culture
Sponsor(s)
Co-sponsor(s)
Condensed Title
NR- Reinstate S. Florida Art Center (Oolite Arts) Grant Agmt/Related Grant Disbursements. TC
Previous Action (For City Clerk Use Only)
Not reached on 2/5/2026 - R7 E
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RESOLUTION NO. 2024-33265
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, (1) SUSPENDING THE GRANT AGREEMENT AND
ALL RELATED GRANT DISBURSEMENTS BETWEEN THE CITY AND THE
SOUTH FLORIDA ART CENTER, INC. (OOLITE ARTS), AND (2) PAUSING THE
EXECUTION OF ALL FUTURE GRANT AGREEMENTS BETWEEN THE CITY
AND THE SOUTH FLORIDA ART CENTER, INC. UNTIL OTHERWISE
DIRECTED BY THE MAYOR AND CITY COMMISSION TO ALLOW OOLITE TO
HIRE A NEW EXECUTIVE DIRECTOR AND TO ENABLE THE CITY
COMMISSION TO REVIEW AND APPROVE OOLITE'S STATEMENT OF
INTERNAL CONTROLS.
WHEREAS, each Fiscal Year, the Miami Beach Culture and Arts Council ("CAC")
prepares, and the Mayor and City Commission approves, a budget for the implementation of arts
and culture programming around the City; and
WHEREAS, for Fiscal Year 2024, the Mayor and City Commission approved the CAC
recommended budget of $1,950,000 for arts and culture programs in the City; and
WHEREAS, pursuant to the CAC recommendation, Oolite Arts ("Oolite") executed a grant
agreement with the City on December 11, 2023, and received a grant of $30,637; and
WHEREAS, on March 27, 2024, Oolite, as part of an installation designed to "highlight
water as a unifying focus that transcends borders and cultures,' displayed artwork on a
Walgreens storefront located at 671' street and Collins Avenue (the "Artwork"); and
WHEREAS, members of the Oolite leadership team were not aware of the content of the
Artwork until May 3, 2024, when members of the Miami Beach community contacted the
organization with concerns; and
WHEREAS, after speaking with concerned residents, Oolite confirmed that the artwork
violated the organization's Diversity, Equity, and Inclusion policy ("DEI Policy") and had the
Artwork removed on May 3, 2024; and
WHEREAS, following its removal of the Artwork, Oolite temporarily suspended much of
its programming while the organization evaluated its future; and
WHEREAS, the City must balance Its interest in funding high quality arts and culture
programming with its interest in cultivating an environment that makes residents and visitors feel
welcome in Miami Beach; and
WHEREAS, the Mayor and City Commission would like to suspend all current and future
grant agreements with, and distributions to, Oolite until Oolite hires a new Executive Director and
provides the City a statement reflecting the internal controls to be established to prevent a
recurrence of the incident involving the offensive Artwork; and
WHEREAS, the Administration is hereby directed to (1) suspend the grant agreement and
all related funding disbursements between the City and Oolite and (2) pause the execution of all
future grant agreements between the City and Oolite until otherwise directed by the Mayor and
862 of 1589
City Commission to allow Oolite to hire a new Executive Director and to enable the City
Commission to review and approve Oolite's statement of internal controls.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby (1) suspend the current grant agreement and all related grant disbursements
between the City and the South Florida Art Center, Inc. (Oolite Arts), and (2) pause the execution
of all future grant agreements between the City and Oolite Arts until otherwise directed by the
Mayor and City Commission to allow Oolite to hire a new Executive Director and to enable the
City Commission to review and approve Oolite's statement of internal controls.
PASSED AND ADOPTED this it day of 5eP4iKLW 2024
ATTEST:
AD
SEP 17 2924 ven Meiner, Mayor
Rafae . Granado, City Clerk ••
:Ill AN'4..
(Sponsor Vice -Mayor Alex J. Fernandez)
".INCOtPI HATE
Cosponsored by Commissioner David Suarez ':, 'hi.
APPROVED AS TO
FORM & LANGUAGE
S FOR EXECUTION
(Z2) cllflzo
dltyAdomey Date
2
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Resolutions - C7 AO
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J Dopico
DATE: September 11, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, (1) SUSPENDING THE GRANT AGREEMENT AND ALL
RELATED GRANT DISBURSEMENTS BETWEEN THE CITY AND THE SOUTH
FLORIDA ART CENTER, INC. (OOLITE ARTS), AND (2) PAUSING THE
EXECUTION OF ALL FUTURE GRANT AGREEMENTS BETWEEN THE CITY AND
THE SOUTH FLORIDA ART CENTER, INC. UNTIL OTHERWISE DIRECTED BY
THE MAYOR AND CITY COMMISSION TO ALLOW OOLITE TO HIRE A NEW
EXECUTIVE DIRECTOR AND TO ENABLE THE CITY COMMISSION TO REVIEW
AND APPROVE OOLITE'S STATEMENT OF INTERNAL CONTROLS.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Resolution was prepared at the request of the sponsor, Vice -Mayor Alex Fernandez.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www miamibeachfl qov/city-hall/city-clerkimeetinQ-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Page 6�4 o15T77
Citywide
Is this a "Residents Riaht to Know" item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O. Bond
Pro'ect?
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal enaaaed in lobbying? No
If so, specify the name of lobbyist(s) and p►incipal(s):
Department
City Attomey
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsors)
Condensed Title
Suspend/Pause Grant Agmt. and Disbursements related to So. FL Art Center (Oolite Arts).
(Fernandez) CA
Page% fof 1377
Docisigr Ewe -lope ID: 169C45B2-551C-4E02-SAF8-68F39030DE76
-+�\ BEACH
OFFICE OF THE CITY CLERK
LTC #"3-2025 LETTER TO COMMISSION
TO Honorable Mayor Steven Meiner and Members of the City Commission
Do Sq..a oy
FROM Rafael E. Granado, City Clerk 4WIAk
IFAFWRA'I+rr9� 1, F
DATE October 17, 2025
SUBJECT Cultural Arts Council Motions — October 16, 2025
The purpose of this Letter to Commission (LTC) is to provide an update regarding motions made
during the October 16, 2025, Cultural Arts Council (CAC) meeting.
On September 11, 2024, the Mayor and City Commission adopted Resolution 2024-
33265, which suspended the grant agreement and all related disbursements between the
City and the South Florida Art Center, Inc., also known as Oolite Arts. This action
temporarily halted the execution of any future grant agreements, pending further direction
from the Mayor and Commission, to allow Oolite time to hire a new Executive Director and
to enable the City Commission to review and approve Oolite's statement of internal
controls. Oolite Arts' CEO John Abodeely presented the organization's updated exhibition
procedures to the Council for review.
Motion: The Cultural Arts Council motions to support and recommend the release of past
funds based upon the policies that Oolite Arts has put into place, which includes the
changing of staff and leadership.
The above motion was made by Orlando Garcia, seconded by Sarah Leddick, and passed
unanimously.
2 Motion: The Cultural Arts Council motions to affirm that the funding for the Miami Beach
Anchors and Presenters is vital to the City of Miami Beach, it's tourism, safety and
economic development. This funding should not be eliminated as the $1.05 million
investment creates over $200 million in economic impact to the City of Miami Beach. All
Cultural Arts Council funded programming takes place on Miami Beach.
The above motion was made by Alberto Ravelo, seconded by Tiffany Lapciuc, and passed
unanimously.
Members in attendance Chair David Sexton, Vice Chair Lauren Cohen, Orlando Garcia, Judith
Vigil, Barbara Herskowitz, Tiffany Lapciuc, Sarah Leddick, Alberto Ravelo, Marla Stegman and
Rachel Unger.
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Do uslgn Envelope ID 169C4582-551C-4E02-8AFB-68F39030DE76
For more information, please contact Lissette Garcia Arrogante, Director, Tourism and Culture
Department at Iissettearrogante0miamibeachfl.gov or x26597.
cc: MH/LGA/FV/DB
EDt DS 06 WAW
M� [(F-', [Pv! Eve)
867 of 1589
l
• The position overseeing exhibitions has been elevated to Director level from Coordinator to ensure
the position has the salary, expectations, and experience required to ensure smooth operations.
• The staff that oversaw the May 2024 Incident are no longer employed at Oolite Arts. The President
and CEO is new starting January 2025, and the incident in question took place during a period in
which the permanent CEO position was vacant
• Oolite draws on Its more than 40 year history serving Miami Beach, artists, tourists, residents, and
others to continue a tradition of important, compelling, and well -received exhibitions, activating
Lincoln Road, and encouraging commerce in Miami Beach.
• Oolite serves hundreds of artists each year, offering studio space, exhibition opportunities, financial
support, inclusion in publications, education, and more.
• Oolite welcomes thousands of art appreciators to its gallery shows, to view its public exhibitions,
such as those at Walgreens, into artist studio visits, and more.
To ensure a smooth and successful exhibition process with appropriate oversight over all aspects of the
public exhibition process. Oolite Arts Is implementing the following updated procedures.
For spaces owned or controlled by third parties, such as corporate clients, the client's policies and
decisions supersede Oolite's.
Curatorial and Contracting Processes
• Oolite contracts will include artwork images and requirements of adherence to Oolite policies
regarding diversity, discrimination, and disparagement. They will also include adherence to the
policies, procedures, and expectations of the owners of the exhibition space.
The Director of Exhibitions will clearly communicate procedures, check points, obligations, and
consequences regarding the curatorial, installation, and deinstallation processes, which are also
outlined in the Oolite contract signed by the artist.
The Director of Exhibitions will collaborate with all contracted artists to obtain installation
proposals, images, and any written materials at least four weeks before the scheduled installation
Site -specific installations created for a particular venue require schematic approvals prior to
installation
These materials will undergo review by Oolite Arts leadership, and final written approval of all works
will be required before the exhibition officially opens.
Deviations from the original proposal that have not received written approval from the
Exhibitions Director may be refused at the sole discretion of Oolite Arts
• The Director of Exhibitions will view artwork in person prior to installation.
• If contracts are violated, the artist may face legal and financial implications
Installat,on
The Director of Exhibitions will preside over the installation and deinstallation of artwork, viewing
the process in person at least once per day of installation and deinstallation.
• Access to the exhibition space will be provided only after all approvals have been provided to the
artist, and can be revoked at any time. Access will not be permitted before or after the installation
and deinstallation time period in the Oolite-Artist contract.
Exhibition Materials
Oolite will publish comprehensive materials that identify the artist, the exhibition, and provide
relevant context and history of the work to support understanding of the exhibition
868 of 1589
4 Oolite Arts
For works that may spark dialogue, Oolite will create opportunities for community dialogue to
support the development of educational programming around the exhibit .
• Oolite retains rights to final approval or revision of language or other materials supported by the
contracted artist for inclusion in educational or published materials.
If complaints are received from the public after an exhibition has opened, Oolite Arts will take the following
steps.
First Response:
o Whoever becomes aware of the complaint should immediately share it with the President
and CEO, who will share it with and engage in discussion with the Director of Programs,
Board Chair, and other leadership as they see fit and convene an initial conversation to
review this process and choose next steps.
o Primary actions will include
1. Soliciting the complaint in writing for clarity and confirmation. Written complaints
are required, identifying the artwork, and articulating the complaint, the nature of the
harm, the parties harmed, and an explanation of the experience so Oolite might
understand fully.
2. Contacting the artist(s) and scheduling an immediate discussion with them.
3. Sharing regular updates with the board and any other community leaders, as
appropriate.
4 Enacting this process
Review and Discussion
o The exhibition will remain as it is while Oolite Arts establishes a period for review and
discussion involving the artist, Oolite staff, Oolite board members, and members of the
community who have lodged complaints
o The President and CEO may choose to engage a consulting partner to facilitate a dialogue
and analysis.
Evaluation of Complaints:
o Oolite staff, with board consultation as appropriate, will assess the nature of the complaint
and the motivations, experiences, and needs of the individuals or groups involved
o With consultation from Oolite staff and board, the President and CEO will determine
whether the complaint is sincere, complicated by other agendas, requiring remediation, the
type of response it requires, and the needs of all parties to be treated with dignity and
respect
Learning Opportunities
o Response may include educational opportunities concerning the controversial subject,
fostering dialogue among concerned stakeholders, and addressing the issue raised by the
artwork through a community -engaged process.
Contract and Agreement Review.
o Review any relevant contracts or agreements between Oolite Arts and the venue where the
art is being exhibited, unless the exhibition is within an Oolite facility.
Guiding Principles for Decision -making.
o Artistic Expression: Artistic expression is protected and valued, removal is considered only
under serious concern.
o Inclusivity & Equity Concerns are treated with respect and urgency.
o Transparency. All steps of the review process will be documented and communicated
appropriately
869 of 1589
Ou"tiz Arts
o Due Process Artists, curators, and community members are given an opportunity to
participate in discussions
Board Engagement.
o The board will be informed initially or not at the discretion of the board chair who is part of
the team of first review.
o If initially informed, the board will be kept informed throughout the process
o The board will be engaged if the removal of artwork or any other response affects
institutional policy, legal, financial or donor obligations.
Final Decision and Communication
o The Oolite Arts President and CEO will be responsible for evaluating any complaints and
making final decisions regarding the art in question, following a period of thoughtful and
inclusive discussions.
o The President and CEO will communicate the final decision to the artist, those who have
lodged complaints, staff, board members, and any other relevant stakeholders, such as the
public
The template artist agreement outlining image requirements and policy adherence follows.
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4 Oolite Arts
Exhibition Agreement
This Agreement is made on between Oolite Arts (Oolite Arts) located at 924 Lincoln Road, Suite
205, Miami Beach, FL 33139 and (Artist).
By signing this Agreement, Oolite Arts and Artist expressly agree to comply with the terms outlined herein.
Recitals
• Oolite Arts has invited the Artist to exhibit in its Walgreens window space at Collins Avenue and
• The exhibition will be on view.
• Installation dates:
• De -installation dates:
• The Parties agree to carry out the Exhibition and abide by the tasks of each Party, which are
respectively outlined hereunder.
• Artist agrees to work within the timeline and budgetary constraints provided by Oolite Arts.
• Artist agrees to submit images of artwork to be displayed in Exhibition no less than thirty (30) days
prior to installation
• Artist agrees to adhere to Oolite policies regarding diversity, harassment, and exhibitions.
• Artist agrees to adhere to Miami Beach policies regarding diversity, harassment, exhibitions, as
applicable to contractors and partner organizations, whenever Miami Beach support is provided.
• Each Party shall use its best endeavors to assist the other Parties in the carrying out of the Project.
• Each Party acknowledges that the owner of the Exhibition space has final authority, ultimate
decision making power, and their policies supersede others'.
Project Management
• The Artist agrees to present a series of works that will be exhibited in the Oolite Arts Walgreens
window space at during the above -mentioned on view dates.
• Artist is responsible for carrying out work required to participate in the exhibition and in compliance
with professional standards. This includes adhering to the outlined timeline for installation and
deinstallation of the exhibition.
• The Artist agrees to abide by all budgetary and facilities parameters set forth by Oolite Arts. These
parameters may include limitations to the use of facilities, legal parameters (such as Americans
with Disabilities acts, fire codes, etc.) It is therefore necessary that the Artist maintains the utmost
level of communication with the Oolite Arts Director of Exhibitions.
• The Artist shall submit a final exhibition title, a head shot, short bio, and explanatory text about the
work for press and mediation materials by
• The Artist agrees that materials submitted for promotional purposes may be edited to fit Oolite
Arts communication, public relations, and marketing standards.
• The Artist is responsible for costs involving repair of damages to the Oolite Arts exhibition space.
The Participant must confer with Oolite Arts Director of Exhibitions for any necessary repairs after
de -installation
Installation
• The Artist will communicate and collaborate with the Direct of Exhibitions regarding logistics of
installation.
• The Artist is responsible for installation and deinstallation of artwork
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• All work must be installed by the agreed date and the window space returned to its original
condition by the above end date
• Requests for specialized equipment, pedestals, etc are required in writing, accompanied by
detailed dimensioned drawings, a minimum of 3 weeks prior to Exhibition for review and approval
by Oolite Arts.
Proposal Alterations
• Oolite Arts reserves the right to refuse any artwork deemed unsuitable with fourteen (14) days'
written notice to the Artist from the date of final proposal submission
• Any deviation from the original proposal not approved in writing by the Director of Exhibitions may
be refused at the sole discretion of Oolite Arts with a minimum of fourteen (14) days' notice to the
Artist for a chance to review the Exhibition to the satisfaction of both parties.
Payment
• Oolite Arts shall compensate the Artist $1,500 for participation.
• Payment is made in two installments. 50% upon contract signing and 50% upon completion of
installation
• The Artist will invoice Oolite Arts and provide an updated W-9.
Sale of Artwork
• If interested parties inquire about the purchase of artwork, all sales will be directed to the artist or
his/her representative
Advertising and Use of Name/Logo
• The Artist shall not use the Oolite Arts name and/or logo in any written or unwritten press releases,
advertising or other promotional material or any communications to the public at large without the
prior written permission of Oolite Arts.
Acknowledgement
• It is required that any project exhibited at Oolite Arts or coordinated by Oolite Arts must
acknowledge Oolite Arts in wording such as the following `This project is presented in part by
Oolite Arts"
• This credit must appear on all printed materials in which other grants are mentioned and any
programs in which any part of the project is referenced
• Copies of the printed materials shall be given to Oolite Arts.
• The Artist has the right to use any documentation and outcomes produced as part of the Exhibition
and related programming for future purposes such as essays and/or publications so long as they
carry the credit line acknowledging that such events were made possible by Oolite Arts
Rights/Permissions
• The Artist has the right to photograph, record and use in any manner, whatsoever any name
connected with the exhibition and any signs located thereon and any logos and verbiage contained
on such signs (including, but not limited to, any trade names, trademarks and copyrights) in
connection with or as part of the Exhibition.
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• The Artist is encouraged to tag Oolite Arts on social media. Twitter & Instagram @OoliteArts,
Facebook Oolite Arts, and to repost Oolite's social media posts about the exhibition
• The Artist grants Oolite Arts permission to photograph and film the exhibition and distribute such
copies solely for (i) internal documentation by Oolite Arts, (ii) in connection with educational
programs sponsored and controlled by Oolite Arts, and/or (iii) for purposes of publicity for Oolite
Arts, its programs and exhibitions, provided that such copies shall not be distributed for a fee or
charge or for purposes of revenue generation.
• The Artist agrees to permit visitors to photograph or film the exhibition, solely for personal and
non-commercial use, including use in personal, non-commercial social media.
Insurance
• Oolite Arts bears no responsibility or liability for any injuries to the Artist during installation and/or
de -installation of the exhibition.
• Oolite Arts shall not be held responsible for any damage that may occur to the Artist's artworks
during exhibition, while in transit to or from the window exhibition space or during installation and
de -installation
Taxes
• The Artist shall be responsible for paying all applicable taxes relating to this agreement, without
limitation, including the payment of any self-employment taxes.
• The Artist acknowledges that they will be required to submit a W9 form to Oolite.
Liability and Indemnification
• This agreement shall in no way bind Oolite Arts and their board, Directors, agents, or employees to
any further relationship with the Artist beyond this project
• It is expressly understood and intended that the Artist is not an officer, employee or agent of Oolite
Arts or their board. Further, for purposes of this agreement, the parties hereto agree that the Artist,
its officers, agents and employees are independent contractors.
• The Artist shall take all actions as may be necessary to ensure that its officers, agents, employees,
assignees and/or subcontractors shall not act as, nor give the appearance of that of an agent,
servant, joint venturer, collaborator or partner of Oolite Arts or its board.
• The Artist shall not subcontract for any work without the written authorization of the Director of
Exhibitions of Oolite Arts
Termination of Agreement
• This Agreement may be terminated by either Party, at any time and for any reason, upon the
delivery of written notice to the other Party. Such notice may be transmitted by any customary and
reliable form of business communication, including but not limited to electronic mail, courier
service, or other verifiable written method. Termination shall be deemed effective upon receipt of
such notice.
• Neither Party shall be required to establish reasonable cause, breach, or negligence as a condition
precedent to termination pursuant to this Section.
• In the event the Artist elects to terminate this Agreement, the Artist shall, within thirty (30) days of
providing notice of termination, arrange for the removal of all materials, products, artwork, and any
other property associated with the Exhibition or otherwise belonging to the Artist
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• In the event Oolite Arts elects to terminate this Agreement, the Artist shall be entitled to payment
solely for services duly performed and tasks properly completed up to the effective date of
termination.
Harassment and other policies
The Contractor expressly agrees to comply with all policies of Oolite Arts relating to
non-discrimination, equal opportunity, and the prevention of harassment, including but not limited
to sexual harassment, as such policies may be provided to the Contractor from time to time.The
Contractor shall conduct all services under this Agreement in a manner consistent with these
policies Further, the Contractor shall require, as a condition of any subcontract or engagement of
personnel in connection with services under this Agreement, that all subcontractors and individuals
engaged by the Contractor also comply with these policies. The Contractor shall cause such
obligations to be incorporated into all relevant agreements with its subcontractors and personnel.
Any violation of these policies by the Contractor, its subcontractors, or any individuals engaged by
the Contractor shall constitute grounds for immediate termination of this Agreement by Oolite Arts,
without limitation on any other rights or remedies available at law or in equity See attachment A for
policies.
Anti -Defamation
Oolite Arts and Artist agree not to attack, criticize or defame any of the parties This contract
supports the Curators, Artists and Oolite Arts employees, associates or partners publicly (on public
forums, blogs, social networks, etc.) at any time during or subsequent to contract period. Similarly,
the Artist agrees not to seek for search engine optimization advice on search engine optimization
forums, blogs, community groups or any social media in a way which defames the company or any
of its employees, associates or partners.
Entire Agreement
• This Agreement constitutes the entire agreement between Oolite Arts and Artist with respect to the
Exhibition This Agreement supersedes all prior agreements or understandings between Artist and
Oolite Arts
WHEREFORE, the Parties acknowledge that they have read and understand this Agreement and voluntarily
accept the duties and obligations set forth herein.
Signatures
Artist Name
Signature
Oolite Arts (President & CEO).
Date
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Oolite Arts
E,us
Signature:
ATTACHMENT A
Date:
At Oolite, we understand that the journey toward true diversity and inclusion is ongoing, requiring
continuous self -reflection and action. We do not tolerate any form of hate, discrimination, or violence within
our spaces and any social landscape whatsoever. We value and respect the differences that make each
artist, employee, and audience unique, and we are committed to providing equitable opportunities for all to
thrive. Together, we celebrate the mosaic of perspectives that make our artistic landscape vibrant, dynamic,
and reflective of the rich tapestry of our city.
Anti-Harassment/Anti-Discrimination Policy
Oolite believes that each of us should be able to work in an environment free of discrimination and
harassment. To this end, Oolite prohibits and will not tolerate discrimination or harassment based on any
legally protected status, including but not limited to race, color, religion, sex, age, disability, marital status,
sexual orientation, pregnancy, genetic information, gender identity, gender expression, national origin,
citizenship status, veteran status, actual or perceived status as a victim of domestic violence, dating
violence, or stalking, and any other legally protected status entitled to protection under federal, state, or
local anti -discrimination laws. Although this policy is primarily directed to sexual harassment, it applies
equally to any form of discrimination or harassment based on any legally protected status.
Definition of Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature are considered to be sexual harassment when:
(1) submission to such conduct is made either explicitly or implicitly a term or condition of your
employment,
(2) submission to or rejection of such conduct by you is used as the basis for employment decisions
which affect you, or
(3) such conduct has the purpose or the effect of unreasonably interfering with your work
performance or creating an intimidating, hostile, or offensive working environment.
Examples. Some of the more common examples of sexual harassment include:
(1) repeated, unwelcome, and offensive sexual flirtations, advances, or propositions,
(2) continued or repeated verbal abuse of a sexual nature;
(3) continued or repeated graphic verbal commentaries about a person's body;
(4) continued or repeated sexually degrading words about a person or the person's body, or
(5) any of the above examples when conducted by voicemail, e-mail, text, instant message, or other
type of electronic communication.
Sexual harassment is not limited to harassment of women by men. It includes the harassment of men by
women and of gender -based harassment of individuals of the same sex as the harasser.
Sexual harassment does not refer to behavior or occasional compliments of a socially acceptable nature. It
refers to behavior that is not welcome, that is offensive both objectively and subjectively, that fails to
respect the rights of others, which lowers morale, and that interferes with work effectiveness.
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Oolite personnel, including, but not limited to officers, directors, supervisors, and managers, do not have the
authority to engage in any activity which would constitute harassment, sexual or otherwise. Oolite will not
condone such behavior.
Procedure For Reporting Harassment and Discrimination
If you believe (or have direct knowledge of such incidents) that you are being harassed or discriminated
against by a supervisor, co-worker, contractor, vendor, visitors, or outside tradesman, you should promptly
report the incident or incidents to HR. If you do not feel comfortable reporting this matter to HR, you may
report directly to the Chief Executive Officer ("CEO") for such complaints.
If you report the incident or incidents in writing, please place the report in a sealed envelope marked
"Personal and Confidential.' The following information should be included in the written statement the
date(s) of the incident(s), identity of the alleged harasser, identity of any witnesses, and details about the
incident(s).
Oolite Investigation:
1. Oolite will investigate all sexual harassment (or other types of unlawful harassment or
discrimination) claims promptly and thoroughly irrespective of the identity of the alleged offender.
2 Oolite's investigation will include, for example, inquiry into the alleged offender's identity, the
specific conduct complained of, the identity of witnesses, and the number of times the conduct has
occurred.
3. Oolite will conduct confidential interviews of the alleged offender, the alleged victim, and all
witnesses.
4. In determining whether the alleged conduct constitutes sexual harassment (or any other type
of unlawful harassment or discrimination), Oolite will consider the totality of the circumstances, the nature
of the conduct, and the context in which the alleged incident or incidents occurred.
5. Oolite will keep all information concerning the incident or incidents confidential to the greatest
extent possible. Oolite will provide access to and disclose information to only those individuals involved in
conducting the investigation and resolving the matter.
6. Oolite will inform the alleged victim and offender about the results of the investigation and the
steps Oolite will be taking in response to the complaint.
Sanctions:
If the investigation reveals evidence supporting the occurrence of an incident of sexual harassment (or any
other type of unlawful harassment or discrimination), Oolite will take prompt remedial action. Oolite's
disciplinary action will depend upon the specifics of the case and may range from a warning to termination
of employment.
If the investigation fails to disclose unlawful harassment or discrimination conclusively, Oolite reserves the
right to nonetheless act Such action may include counseling, a reminder of Oolite's
anti-harassment/anti-discrimination policy, or a written warning to be included in the personnel file.
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Prohibition Against Retaliation
Oolite does not condone or permit retaliation. No one will suffer any adverse consequences because of
bringing a complaint of perceived unlawful harassment or discrimination to Oolite's attention There will be
no retaliation for either reporting the harassment/discrimination or for cooperating in the investigation of
the report. Any employee responsible for retaliatory conduct will be subject to discipline, up to and including
discharge. if an employee believes that he or she is being retaliated against, the employee is encouraged to
report the retaliation by using the same procedures discussed above for reporting harassment and
discrimination.
Supervisor Responsibility.
All supervisors and managers are responsible for the following
Implementing and complying with this policy;
Ensuring that all employees they supervise have knowledge of and under this policy,
Reporting any complaints made under this policy to HR or the CEO, so they can be promptly investigated
and resolved, and
Assisting in making appropriate corrective action, when necessary to comply with this policy.
Follow-up
Once the matter has been resolved, Oolite will continue to monitor the employees involved to ensure that no
future incidents of harassment or discrimination occur.
Oolite is dedicated to maintaining a working environment free of discrimination and based on
professionalism. We expect that all employees will continue to act responsibly to fulfill Oolites commitment
to working in an environment free of discrimination. Employees should not hesitate to ask HR any
questions regarding harassment or discrimination.
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