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 COL1/11/2022 CH. 77 PARKS & RECREATION 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 nonperformance. 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 performance 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 Department of Parks and Recreation

(DPR)or its successor agency, is COL1/11/2022 CH. 77 PARKS & RECREATION 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.