Chapter VIII Project management, and recusal based on conflict of interests
Article 30
When the implementing agency (organization) is implementing a public art installation plan valued in excess of NT$2 million and where the executive task force has passed a resolution, following a discussion, to engage in commissioned management, the vendor selected for said management shall abide by the following:
a. provide the implementing agency (organization) with advice on laws and regulations concerning public art and implementation procedures;
b. assist the implementing agency (organization) with drafting the installation plan and the final report;
c. provide administrative support to include convening meetings, drafting meeting minutes, drawing up reports, and related matters; and
d. tracking and maintaining oversight of progress.
When tendering, vendors shall present basic information on management cases they are presently involved with.
Article 31
While in office, review committee members may not participate in public art installation plans being reviewed.
Review committee and executive task force members shall abide by the principle of recusal and act in accordance with Article 32 and Article 33 of the Administrative Procedure Act.
Where the reviewing agency or implementing agency (organization) finds that a member of the review committee or executive task force is in contravention of the provisions of the preceding two Subparagraphs or of Paragraph 1 of Article 32, he/she shall be dismissed from his/her position and removed from the Ministry of Culture database of visual arts experts and scholars connected with public art and a related announcement shall be made on the Ministry of Culture’s Public Art website.
Article 32
Members of the review committee and the executive task force and employees of commissioned vendors shall not abuse the powers, opportunities, or methods associated with their position to seek their own personal gain or that of related persons. Such persons may also may not make selections from amongst themselves or engage in quid pro quo behavior.
Vendors may not direct the content of public art installation plans, recommend artistic creators, or represent the implementing agency (organization) on the review committee.
Where the implementing agency (organization) obtains proof that a vendor is in contravention of the terms detailed in the previous two Subparagraphs, it shall revoke its decision, cancel or annul any contract, and make a related announcement on the Ministry of Culture’s Public Art website. The vendor shall be responsible for compensation in cases where damage has been incurred. Such steps need not be taken where revoking a decision or cancelling or annulling a contract are not in the public interest.