Appointment of the manager of the municipal cultural institution of the Villa Decius Institute of Culture

… institution performs the same function for the institution as the director of the institution, which is consistent with the provisions of the statute adopted by Resolution No. CXI/2905/18 of the City Council of Krakow of 26 September 2018 on the creation of an urban cultural institution under the name: Villa Decius Institute of Culture: ‘Paragraph 8. Paragraph 2. The organizer may entrust the management of the Institute of Culture to a natural or legal person on the basis of an agreement on the management of the institution concluded in accordance with the provisions of the Act on the organization and conduct of cultural activities. Paragraph 3. Where the management of the Institute of Culture is entrusted to a manager, the latter shall exercise the powers of the Director.’ The duties of the Director of the institution are laid down in § 7 of the above-mentioned Act. Statutes: ‘1. The Institute of Culture is headed by a director who represents the institution externally, manages it individually and bears full responsibility for all its activities. 2. The responsibilities of the Director shall include in particular: 1) managing the basic and administrative activities, 2) shaping the programme of activities, 3) conducting effective management of the assets and financial resources of the institution, 4) searching for and obtaining other sources of financing for the statutory activities of the institution, 5) selecting and using staff, creating conditions for improving the professional qualifications of employees and providing them with appropriate working conditions, 6) presenting plans and material, financial and investment reports to the organizer and competent institutions, 7) issuing regulations and orders in force, 8) exercising management control in the institution. 4. The Director shall be authorised to commit and to make expenditure up to the amount of the appropriations set out in the financial plan of the institution.’ Consequently, it is not possible to divide the contract into lots. By defining the conditions for participation in the procedure and the criteria for evaluating tenders, the Contracting Authority does not eliminate small and medium-sized enterprises from applying for the contract. 4. The contracting authority does not require the performance of the contract by sheltered workshops, social cooperatives or other contractors covered by the provision of Art. 1 of the Act. 5. The contracting authority, in accordance with Art. 1 of the Act, requires employment on the basis of an employment relationship by the Contractor (or a subcontractor) of persons performing organizational and financial activities and personnel services related to the performance of management activities by the person referred to in § 2 sec. 5 of the model contract (in accordance with the Contractor's offer). The performance of these activities consists in the performance of work in the manner specified in Article 22(1) of the Labour Code Act of 26 June 1974 (Journal of Laws No. of Laws 2026, item 1245.). 6. Pursuant to Article 121 of the Act, the Contracting Authority reserves the obligation to perform the management activities in person at the Institution (by the person referred to in § 2 sec. 5 of the model contract), subject to the situations referred to in § 13 sec. 1 and 2 of the model contract. 7. The Contracting Authority, within the limits set out in Article 462 et seq. of the Act, allows the Contractor to perform the subject matter of the contract with the use of subcontractors (subject to point 3.8. SWZ). The contractor who intends to subcontract part of the contract shall indicate in the tender the parts of the contract which it intends to subcontract.