Except as provided in subsection (b) of this section, at least 1% of all eligible funds for a construction project shall be allocated for:artwork for that project; or other public art uses as authorized by this subtitle. For water or wastewater utility projects, the Commission shall determine, on a case-by-case basis after consultation with the Department of Public works, whether and to what extent eligible funds for that project may be allocated for artwork or other public art uses. If the Commission and the Department of Public Works disagree as to whether or to what extent eligible funds may be allocated, the Director of Public Works makes the final decision. Ord. 07-489

In applying for grants or other funding for a construction project, a City agency shall request that: to the fullest extent practicable, the grant or other funding be in the form of “eligible funds; and the grant or other funding include an additional 1% of those eligible funds for artwork. Ord. 07-489

Each City agency shall consult with the Commission on the application of this subtitle to any construction project being proposed by that agency. This consultation shall occur:as early as possible in the design stage; and in any event, before the project is advertised for bid. Based on the consultation, the Commission shall determine within 90 days:the aggregate amount of the artwork allocation required by <cite data-path="|5|§21-16">§ 21-16 of this subtitle</cite>; and at least preliminarily, the extent to which all or part of that aggregate amount can and should be used for:artwork for that project; or other public art uses as authorized by this subtitle. Ord. 07-489

The contract specifications in the invitation to bid or request for proposals shall incorporate: the requirements of this subtitle; and the Commission’s determinations under § 21-18(b)(1) and (2) of this subtitle. Ord. 07-489

On the award of a contract for the project, the contracting agency shall notify the Department of Finance that the aggregate amount of the artwork allocation, as determined under <cite data-path="|5|§21-18|(b)">§ 21-18(b) of this subtitle</cite>, shall be transferred as it become available to a capital account to be used for purposes of this subtitle. Ord. 07-489