§ 20-87. Applicability.

(a)

The public art program shall apply to all city capital improvement projects as defined above including multiphase projects on a single project site whose budgeted cost of construction and design for a single project or for the total of such multiphase projects is equal to or greater than one million dollars ($1,000,000.00). The public art component of a project may be directly adjacent to the project site or elsewhere in a complex of buildings in which the project is located. An amount equal to one (1) percent of the total budgeted construction cost of the capital improvement project or such multiphase projects shall be included for the planning, design and construction of public art, and for the repair of such public art.

(b)

One (1) percent of the gross amount designated for public art shall be placed in a separate funded project in each capital fund. Each such separate project shall be titled "public art repair and restoration." The monies set aside in each such "public art repair and restoration" project shall be used for the repair or restoration of any work of public art funded by the applicable capital fund.

(c)

Maintenance of an artwork, as distinguished from repair or restoration of such artwork, as determined in the sole discretion of the director, as defined herein, in coordination with the heads of affected departments or agencies or their designees, shall be the responsibility of the user agency, in coordination with and with the advice of the mayor's office of art, culture and film. At the time of acceptance by the city of a work of public art, the mayor's office of art, culture and film shall provide the user agency with maintenance instruction and schedule information, including any specific directives from the artist creating the work of public art as well as directives and information from the mayor's office of art, culture and film. Such maintenance instruction and schedule information may be updated from year to year by the mayor's office of art, culture and film. Upon receipt of such instruction and schedule information the user agency shall seek the necessary appropriation of funds to carry out the prescribed maintenance activities. Direct and indirect costs of such maintenance shall be borne by the user agency from their operating budgets, subject to the appropriation of such funds. Upon request by the director in consultation with the heads of the affected department or agencies, the agency head will initiate or continue maintenance to a work of art, the agency head shall comply unless no such funds have been appropriated or the agency head determines that it would be in the best interests of the city to do so.

(d)

Any person, otherwise qualified, submitting proposals pursuant to the city's public art program is eligible to do so without regard to color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability.

(Ord. No. 717-91, § 1, 10-15-91; Ord. No. 650-96, § 1, 7-29-96)