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a. It shall be City policy to set aside one and three quarters percent (1.75%) of its estimated capital improvement project (CIP) budgets, as defined in this section, for the purpose of providing public art. Except as provided in this section, all CIP projects shall be subject to this policy, including but not limited to buildings, shelters, parking garages and lots, restrooms, small structures, parks, medians, landscaping, plazas, gateways, bridges, walls, tunnels, street and road construction. CIP projects include new construction, as well as renovations and alterations. Salaries and benefits of public employees supporting CIP projects shall not be included in the CIP budget subject to this ordinance. This policy shall apply to all capital improvement projects included in the annual capital improvement program (CIP) budget, as well as capital improvement projects funded through any amendment to the annual appropriation ordinance.

b. The following CIP projects are excluded from this policy:

i. ADA compliance projects (not including projects where ADA compliance is a portion of a larger project).

ii. Emergency repair projects.

iii. Cyclical replacement and repair of trails, outdoor furnishings, or fencing (not including projects where these are a portion of a larger project).

iv. Studies and environmental review.

v. Roof replacement (not including projects where roof replacement is a portion of a larger project).

vi. Mechanical, security, A/V equipment, and HVAC, upgrades and repairs (not including projects where these are a portion of a larger project).

vii. Utilities projects, except where the project includes construction or reconstruction of a building.

viii. Vehicle repair and replacement.

ix. IT purchases and installations.

x. Seismic upgrades and waterproofing (not including projects where these are a portion of a larger project).

xi. Projects where the majority (more than 50%) of the cost is allocated to elements located underground.

xii. Projects where prohibited by federal or state law, including projects or portions of projects funded by grants from non-city sources that prohibit expenditure of funds for art. (Ord. 7812-NS § 1, 2022)