Title 5 — Government Operations

This Act shall be known and shall be cited as "Ma Kåhat Act of 2008".

I Liheslaturan Guåhan finds that there is a critical shortage of public school facilities on Guam. Many existing facilities are antiquated and are not fit for the purpose of public education. The Department of Education is in need of at least three (3) new public schools with all…

For purposes of this Chapter and unless otherwise specified, the following words and phrases are defined to mean: (a) “Act” means Chapter 58A of Title of the Guam Code Annotated, known as the “Ma Kåhat Act of 2008.” CH. 58A - Ma Kåhat Act of 2008 (b) “Contract” shall mean the des…

For the purpose of facilitating the financing of the design, construction and maintenance of an Education Facility encompassed by this Act, the government of Guam or an Education Agency, as the case may be, is authorized to lease, if required, to the Contractor sufficient governm…

(a) Subject to the approval of I Liheslaturan Guåhan, the government of Guam or an Education Agency may solicit Requests for Proposals (‘RFP’) through the Department of Public Works, in compliance with the Guam Procurement Law, for the financing, design and construction of the Ed…

The Contract shall require that the Contractor be responsible for all costs, expenses and fees of any kind or nature, associated with the design, civil improvements, on-site and off-site infrastructure, construction, permits, and financing associated with the completion of an Edu…

To facilitate the purposes of this Act and to provide security for the CH. 58A - Ma Kåhat Act of 2008 holders of any financing instruments issued pursuant to this Act, the Contractor may assign, without the need of the consent of the Education Agency, the Contract, the Lease and …

To minimize the financing cost to the Education Agency, financing utilized by the Contractor to fund the design and construction of an Education Facility shall be through tax-exempt obligations or other financial instruments provided such financing is available at an interest rat…

Rental payments under the Lease and the Lease-Back may be secured by a pledge or other reservation of revenues received by or on behalf of the government of Guam from the United States of America pursuant to Section 30 of the Guam Organic Act (48 U.S.C.A. Section 1421h). Any pled…

The Education Agency shall be responsible for the connection and payment of all utilities, including without limitation, power, water, sewer, telephone and cable, and all routine interior maintenance and repair and exterior grounds keeping and landscaping and upkeep of the Educat…

The Contract or a separate maintenance agreement with the Contractor, and the Lease-Back, shall provide that all capital maintenance of the Education Facility be performed by the Contractor as a separate cost, the terms of which, and the manner for establishing the amount of paym…

The Department of Public Works may promulgate rules and regulations pursuant to Guam law necessary to implement the provisions of this Act.

If any provision of this Act or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provisions or application, and to t…

I Liheslaturan Guåhan, pursuant to § 50103(k) of Title 12, Guam Code Annotated, hereby approves the terms and conditions of the execution and delivery of the 2020 Certificates of Participation (John F Kennedy High School Project) (2020 Certificates) for the purpose of (a) refundi…