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5 <br /> DRAFT # 1 . 5 <br /> Construction Project under the Percent for Arts Program, such agreement shall provide, <br /> whenever it is lawful, that the recipient or its successor in interest shall take appropriate <br /> measures to ensure that 1% of said monies are expended for development of Artwork <br /> within the program. <br /> f. Any monies collected in accordance with this Resolution shall be deposited into a <br /> separate account ("Public Art Fund") by the Orange County Director of Finance. The <br /> Director shall establish appropriate accounting records to identify and control these funds. <br /> If the account containing these funds shall earn interest, the earned interest shall be used <br /> for and subject to the same restrictions established herein. The transfer of monies shall <br /> take place within thirty days of appropriation by the BOCC. The Public Art Fund shall be <br /> authorized to accept gifts, grants and donations made to the County or to the Arts <br /> Commission for Artwork. The Public Art Fund shall be self-perpetuating from year to year. <br /> g. Funds for Artwork shall be expended in accordance with the restrictions of applicable law, <br /> bond, loan, grant covenants and conditions. <br /> h. Subject to the limitations set in Subparagraphs i. through n. below, Public Art Fund <br /> monies may be used for Public Art Program administration and community participation <br /> activities; for Artist selection and design services; for the development of design concepts <br /> and models; the selection, acquisition, purchase, commissioning, placement, installation, <br /> exhibition, and display of Artwork; and, if designed by an Artist selected through the <br /> Program, for directional or other functional elements related to the Artwork, such as <br /> signing, color coding, maps and mechanical elements; and for utilities needed to activate <br /> the Artwork, lighting used to light the Artwork or other architectural elements on or in <br /> which the Artwork are placed or affixed, etc., and any other reasonable expenditure of the <br /> Arts Commission or the Percent for Art Program. <br /> i. An amount equal to 15% of the Public Art Allocation for each Eligible Construction Project <br /> shall be set aside in a separate account within the Public Art Fund to be used for Public <br /> Art Program administration and community participation activities, including artist <br /> selection, design and proposal costs, consultant fees, project documentation, publicity, <br /> community education activities, interpretive plaques and other purposes as may be <br /> deemed appropriate by the Arts Commission for the administration of the program. <br /> j. An amount equal to 15% of the Public Art Allocation for each Eligible Construction Project <br /> shall be set aside in a separate account within the Public Art Fund for Artwork curatorial <br /> services and the preservation and maintenance of Public Art. Any amount in the <br /> maintenance and conservation account not expended at the close of any fiscal year shall <br /> be carried forward into the next year. <br /> k. Monies deposited or credited to the Public Art Fund, except for amounts in the <br /> maintenance and conservation account, that are not expended or obligated by the close <br /> of any fiscal year shall be carried over automatically for a period of three (3) years beyond <br /> the close of the construction period for which it is allocated, or upon request of the BOCC, <br /> carried over for an additional two (2) years. Any funds carried over for three (3) years, or <br />