Guam § 1203 - Agreements Between the Authority and Other Parties; Agreements Between the Authority

§ 1203. Agreements Between the Authority and Other Parties; Agreements Between the Authority

and Airlines.

(a) Notwithstanding any other provision of law, including without limitation, 5 GCA Chapter 5, § 5127

and Chapter 9, and 21 GCA §§ 60112, 60114, and 60115, any agreement between the Authority and any

other party for the use of airport facilities and properties for airport purposes and/or visitor-related activities

shall conform to the following:

(1) with regard to concession agreements, shall be authorized for a term of up to fifteen (15) years

and shall be subject to policies and procedures for the competitive solicitation, selection and award of

concession agreements adopted from time to time by the GIAA’s Board of Directors. The GIAA shall

ensure that said policies and procedures and amendments thereto are based on industry standards, are

competitive in nature, and consider the inclusion of small businesses in its adoption. Said policies and

procedures shall not in any way authorize or permit gambling of any kind as defined in 9 GCA Chapter

64. Prior to adoption or any amendment of said policies and procedures by the GIAA’s Board of

Directors, the GIAA shall prepare a fiscal assessment, which shall be posted with a copy of said

policies and procedures or amendments thereto on its website, allow for no less than thirty (30)

calendar days for public comment, and hold a public hearing noticed pursuant to 5 GCA § 8107 (Open

Government Law) and held no sooner than thirty (30) calendar days after posting of the fiscal

assessment and policies and procedures (or amendments thereto). Said fiscal assessment shall directly

address, at a minimum, the purpose and need for, the financial impact upon those persons or entities

directly affected by, and the potential benefits expected to the GIAA by the proposed policies and

procedures or amendments thereto. Concessions include, but are not limited to retail, specialty retail,

food and beverage, advertising, currency exchange, car rentals, and parking; and

(2) with regard to all other contracts for the use of Airport facilities and properties, shall be

authorized for a term of up to fifty (50) years and shall be subject to applicable Federal Aviation

Administration (FAA) requirements for aeronautical and non-aeronautical uses to include rates

charged for non-aeronautical uses at fair market value pursuant to FAA requirements and policies and

procedures adopted from time to time by the GIAA’s Board of Directors. The GIAA shall ensure that

said policies and procedures shall not in any way authorize or permit gambling of any kind as defined

in 9 GCA Chapter 64. Prior to adoption or any amendment of said policies and procedures by the

GIAA’s Board of Directors, the GIAA shall prepare a fiscal assessment, which shall be posted with a

copy of said policies and procedures or amendments thereto on its website, allow for no less than thirty

(30) calendar days for public comment, and hold a public hearing noticed pursuant to 5 GCA § 8107

(Open Government Law) and held no sooner than thirty (30) calendar days after posting of the fiscal

assessment and policies and procedures (or amendments thereto). Said fiscal assessment shall directly

address, at a minimum, the purpose and need for, the financial impact upon those persons or entities

directly affected by, and the potential benefits expected to the GIAA by the proposed policies and

procedures or amendments thereto.

(3) shall be subject to applicable federal laws and regulations; and

(4) shall be subject to the Authority’s bond covenants.

(b) Any agreement between the Authority and any airline offering service to Guam shall charge the

airline using the Antonio B. Won Pat Guam International Air Terminal facilities rates sufficient to cover

the operating expenses of the air terminal and debt service coverage of the bonds authorized to be issued

by this Section, and be in compliance with the requirement that no one (1) or more airlines shall be

unreasonably discriminated against in comparison with any other similarly situated airline in these charges.