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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 />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 />