Guam § 77112 - Facility Maintenance.

§ 77112. Facility Maintenance.

(a) Department of Parks and Recreation facility maintenance.

The Department of Parks and Recreation (the “Department”) may

contract for the maintenance and upkeep of its recreational

facilities with responsible persons and organizations under the

provisions of this section. “Maintenance and upkeep” for purposes

of this section is defined as follows:

(1) Collection and disposal of rubbish and trash;

(2) Mowing and upkeep of lawns and grassy areas;

(3) Removal of weeds and trimming of paths;

(4) Maintenance of pitching mounds, dugouts and

bleachers;

(5) Maintenance of light fixtures within building areas;

(6) Dragging and rolling of baseball fields;

(7) Trimming of shrubbery;

(8) Removal of water, debris and other substances from

the surfaces of tennis and basketball courts;

(9) Maintenance of toilets, showers, wash basins, urinals

and floors of restroom areas;

(10) Removal of trash and debris from parking lots that

service parks and recreational facilities;

(11) Beautification of parks and grounds of recreational

facilities including, but not limited to the planting of flowers

and trees;

(12) Maintenance of community centers which house

recreational activities.

(b) Each maintenance and upkeep contract shall be between

the Department and a person, family or nonprofit organization.

The Department shall award such contracts to the parties that can

most effectively carry out their terms, the ability to satisfy the

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terms, costs and conditions of the contract being the primary basis

for awarding the contract. Except as provided in paragraph (c) of

this section, each contract shall be let by competitive bidding, as

defined by the Department in its regulations, and shall include but

not be limited to the following:

(1) Duration of contract;

(2) Public facilities included under the contract;

(3) Names of all individuals performing the contract;

(4) Complete description of duties;

(5) Amount of contract;

(6) Date of completion of the contract; and

(7) Provision for the cancellation of contract on nonper-

formance.

The Office of the Attorney General shall assist in preparing

such contracts. The Director of Parks and Recreation (the

“Director”) shall, in the Department’s annual budget, include the

necessary sums to implement the provisions of this section. The

Department, pursuant to the Administrative Adjudication Law,

shall promulgate rules and regulations governing procedures

under this section, including but not limited to competitive

bidding procedures.

(c) For contracts not exceeding Twenty Thousand Dollars

($20,000) in total payments to the contractor, the Director may

waive the competitive bid requirement, the posting of any perfor-

mance bond, the provision of workmen’s compensation insurance,

and the payment of business privilege tax; provided, that in any

contract granted pursuant to this subparagraph (b), no advance

payment shall be permitted, payment to be made only upon

completion of work under the contract.

(d) Any contractor under this section shall hold harmless the

government of Guam, the Department, and any of its employees

from liability arising from violation of any wage or hour or child

labor law.

(e) Notwithstanding any other provision of law, the Depart-

ment of Parks and Recreation (DPR) or its successor agency, is

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authorized to lease the Paseo Stadium to the Guam Baseball

Federation (GBF) for a period to be mutually agreed upon by both

parties, but not to exceed fifty (50) years, including all options.

Such lease shall be limited to management and maintenance

operations; the scheduling of games and events; the sale of

billboards and other advertising signage; improvement of the

playing field, structure, lighting, and other provisions mutually

agreed upon between DPR and the GBF and not inconsistent with

existing laws. The GBF shall not have the authority to sublet,

transfer or assign such lease to other parties without prior approval

of I Liheslatura, except that the GBF may enter into sub-leases

with businesses and organizations that wish to operate

concessions.