12 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 1 CHAPTER 9 GUAM VISITORS BUREAU Article 1. General Provisions. Article 2. Tourist Stamps. Article 3. Rainy Day Fund. Article 4. Cultural and Sports Ambassadors Fund. Article 5. Guam Visitors Bureau Request for Informa tion; Development of a Cruise Ship Industry on Guam. ARTICLE 1 GENERAL PROVISIONS § 9100. Legislative Intent. § 9101. Short Title. § 9102. Creation. § 9103. Definitions. § 9104. Purpose. § 9105. Powers. § 9106. Board. § 9107. Same: Duties. § 9108. General Manager. § 9109. Other Personnel. § 9110. Employment. § 9111. Contracts and Purchases. § 9112. Members. § 9113. Fiscal Authority. § 9114. Commencement of Business. § 9115. Reservation of Powers. § 9116. Personnel Status. § 9117. Grant Awards Fund and Authority to Award Gr ants to Organizations. § 9100. Legislative Intent. Recently the Guam District Court ruled that the Gu am Visitors Bureau is a private entity contrary to the general understanding of the Legislature. It is the intent of the Legislature to continue, without interruption, the current acts and COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. entity contrary to the general understanding of the Legislature. It is the intent of the Legislature to continue, without interruption, the current acts and COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 2 actions of the Guam Visitors Bureau and to clarify its legal status, duties, powers and the status of its employ ees. SOURCE: Added by P.L. 17-37:9. § 9101. Short Title. This Article may be cited as the Guam Visitors Bureau Act. SOURCE: GC § 38001. Repealed and added by P.L. 17-32. § 9102. Creation. There is hereby created a public corporation to be known as the Guam Visitors Bureau as hereinafter provided. T he corporation shall be a non-stock, non-profit member ship corporation to be governed in accordance with the a pplicable general corporation laws of the Territory of Guam, except as provided otherwise by this Article. No Articles of Incorporation shall be required; this Article shall be its charte r. SOURCE: GC § 38001. Repealed and added by P.L. 17-32. § 9103. Definitions. As used herein, unless otherwise indicated: (a) Bureau means the Guam Visitors Bureau. (b) Board means the Board of Directors of the Bureau. 01. Repealed and added by P.L. 17-32. § 9103. Definitions. As used herein, unless otherwise indicated: (a) Bureau means the Guam Visitors Bureau. (b) Board means the Board of Directors of the Bureau. (c) General Manager means the General Manager of the Bureau. (d) Director means a member of the Board. (e) Member means a member of the Bureau. (f) Employees means employees of the Bureau. SOURCE: GC § 38202. Repealed and added by P.L. 17-32. § 9104. Purpose. The purpose of the Bureau shall be: (a) To promote Guam’s visitor industry in such mann er as it deems most reasonably appropriate, including providing and disseminating information and materia ls promoting Guam as a visitor destination; COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 3 (b) To promote local interest and participation at all levels of the visitor industry; (c) To assist, when requested, both government and private entities in the development, implementation and promotion of programs to further education, trainin g, employment assistance and entrepreneurial developme nt; (d) To promote local cultural activities for reside nts; (e) To promote items of local manufacture; (f) To promote and assist in on, trainin g, employment assistance and entrepreneurial developme nt; (d) To promote local cultural activities for reside nts; (e) To promote items of local manufacture; (f) To promote and assist in the development of adequate tourist facilities and attractions; (g) To assist appropriate government of Guam agenci es in the enforcement of applicable laws, rules and re gulations relating to the visitor industry; (h) To work with other entities to collect, analyze , evaluate and regularly publish comprehensive data o n the visitor industry; and (i) To engage in all lawful activities to promote t ourism reasonable or incidental thereto. SOURCE: GC § 38003. Repealed and added by P.L. 17-32; R/R by P.L. 20-205:12. § 9105. Powers. The Bureau shall have and exercise each and all of the following powers: (a) To make and use a common seal and to alter the same at pleasure; (b) Enter into contracts and execute all instrument s necessary or appropriate in the exercise of any of its powers; (c) Sue or be sued in its own corporate name; (d) Adopt, amend and repeal reasonable by-laws, and other rules, regulations and directives, pursuant t o the general corporation laws of the Territory of c) Sue or be sued in its own corporate name; (d) Adopt, amend and repeal reasonable by-laws, and other rules, regulations and directives, pursuant t o the general corporation laws of the Territory of Guam, as may be necessary for the conduct and administration of its COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 4 activities and the exercise of the powers and perfo rmance of the duties conferred or imposed upon the Bureau or the Board by this Article; (e) Adopt such rules and regulations pursuant to th e Administrative Adjudication Act as may be necessary for the exercise of the powers and performance of the d uties conferred or imposed upon the Bureau or the Board b y this Article; (f) Acquire, subject to the laws of the Territory o f Guam, by grant, purchase, gift, devise or lease, an d hold and use any real or personal property necessary or convenient or useful for the carrying on of any of its powers pursuant to the provisions of this Article; (g) Establish its internal organization and managem ent; (h) Sell, rent, exchange or otherwise dispose of, encumber, improve or remove any property of the Bur eau or any interest therein, and to provide for any servic internal organization and managem ent; (h) Sell, rent, exchange or otherwise dispose of, encumber, improve or remove any property of the Bur eau or any interest therein, and to provide for any servic es in connection with any property, real or personal, of the Bureau subject to the laws of Guam; (i) Establish reasonable charges for any of its ser vices, where it deems appropriate and to otherwise provide for a means of raising funds and revenue, and to determin e the character of and necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed and paid; (j) Associate with like organizations of other stat es, territories, nations or regions, or agencies or instrumentalities thereof, and to enter into contra cts and cooperative agreements with any of same or with any person, firm association or corporation may be deem ed necessary or appropriate for the conduct of its act ivities; (k) Establish and delegate its authority to any committee or subcommittee of the Board of Directors , and to determine the composition, duties and powers of any such committee; COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. elegate its authority to any committee or subcommittee of the Board of Directors , and to determine the composition, duties and powers of any such committee; COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 5 (l) Form or cause to be formed, promote, aid and invest, in any reasonable manner within its means a nd purposes, in the promotion of any corporation or ot her firm, association or entity; and (m) Do any and all things necessary or appropriate to carry out and further purposes of this Article, and to have all other corporate powers provided by law. (n) Lines of Credit. Arrange a line of credit not t o exceed Six Million Dollars ($6,000,000) with any ba nk, banks or commercial lending institutions licensed o n Guam, government of Guam autonomous agency and any other instrumentality of the government of Guam. All agr eement terms of the line(s) of credit shall be negotiated by the Guam Visitors Bureau (‘ Bureau ’) and approved by the Board in the best interest of the People of Guam. The terms of any line(s) of credit agreement shall include th e following: (1) Up to Five Million Three Hundred Thousand Dollars ($5,300,000) of the line of credit shall be used by he People of Guam. The terms of any line(s) of credit agreement shall include th e following: (1) Up to Five Million Three Hundred Thousand Dollars ($5,300,000) of the line of credit shall be used by the Bureau to promote Guam to specific segments of the Japanese market through the following campaigns in the following amounts: Three Million Fifty Thousand Dollars ($3,050,000) for the Guam Wedding Campaign; Seven Hundred Forty-eight Thousand Dollars ($748,000.00) for the Guam Office Lady Campaign; Eight Hundred Fifty Thousand Dollars ($850,000.00) for the Guam Groups Campaign; and Six Hundred Fifty-two Thousand Dollars ($652,000.00) for the Guam Family Campaign; and provided, that the line of credit shall not be used to finance Bureau operations or capital improvement projects. The Bureau shall report to I Liheslaturan Guåhan its monthly budget for use of these incentives at least five (5) days prior to the beginning of th e month. (2) Up to Seven Hundred Thousand Dollars ($700,000.00) of the line of credit shall be used b y the Bureau to promote Guam to the Korean market; and COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. e month. (2) Up to Seven Hundred Thousand Dollars ($700,000.00) of the line of credit shall be used b y the Bureau to promote Guam to the Korean market; and COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 6 provided, that the line of credit shall not be used to finance Bureau operations or capital improvement projects. (3) Except for the interest rate per the terms of t he line of credit, no other charge by a lender for ope ning the line of credit shall be negotiated by the Finan ce Committee of the Bureau Board and approved by the Board through a resolution. (4) The interest rate shall be negotiated between the Finance Committee of the Bureau Board and the lender, and approved by the Board through a resolution. Such interest rate shall be computed o n a monthly average and based upon the actual amount extended to the Bureau. (5) Interest earned by the lender shall be exempt from taxation by the government of Guam. (6) The Bureau, through the approval of the Board pursuant to § 9113 of Title 12 of the Guam Code Annotated, shall pledge only Tourist Attraction Fun d revenues as the source of repayment for the line(s) of credit. through the approval of the Board pursuant to § 9113 of Title 12 of the Guam Code Annotated, shall pledge only Tourist Attraction Fun d revenues as the source of repayment for the line(s) of credit. The funds necessary for the repayment of t he principal and interest owed to any bank, banks or commercial lending institutions licensed on Guam, government of Guam autonomous agency and any other instrumentality of the government of Guam tha t have advanced funds to the Bureau pursuant to a lin e(s) of credit established pursuant to this Section, are appropriated from the Tourist Attraction Fund. (7) Any money advanced through a line(s) of credit shall be repaid by September 30, 2007. In n o case shall any amount be refinanced resulting in a repayment past September 30, 2007. (8) Funds expended from any line(s) of credit with any bank, banks or commercial lending institutions licensed on Guam, government of Guam autonomous agency and any other instrumentality of the government of Guam will proportionately decrease th e COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 7 authorized amount established to open such line(s) of credit as established within this Section. will proportionately decrease th e COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 7 authorized amount established to open such line(s) of credit as established within this Section. (o) Monetary Valued Handouts. Any visitor-incentiv e monetary valued handouts specific to a marketing ca mpaign of the Guam Visitors Bureau, funded through the Tou rist Attraction Fund or any other public funding source or legislative appropriation, shall be made available to any Guam-licensed vendor willing to accept the monetary value of the handout as payment for goods and services. SOURCE: GC § 38004. Repealed and added by P.L. 17-32. Subse ctions (n) and (o) added by P.L. 26-83:2 and 3. § 9106. Board. (a) The exercise of the powers of the Bureau shall be directed by the Board of Directors composed of twel ve (12) members selected in accordance with this Section. F ive (5) directors, referred to as ‘appointed directors’ sha ll be members and shall be appointed by the Governor with the adv ice and consent from the Legislature. One of the appointed directors shall be a commissioner or assistant commissioner s elected by the Commissioner’s Council. appointed by the Governor with the adv ice and consent from the Legislature. One of the appointed directors shall be a commissioner or assistant commissioner s elected by the Commissioner’s Council. Two (2) members shall b e appointed by the Speaker of the Guam Legislature an d shall be referred to as the ‘Legislative Directors’. Four (4 ) directors, referred as ‘elected directors’ shall be contributi ng members in good standing elected by the membership. The five ( 5) appointed, the legislative directors and four (4) e lected directors shall then select the twelfth (12th) director by a vote requiring concurrence of eight (8) of the directors. The twel fth (12th) director shall be actively and directly involved in the tourism industry. There shall be one (1) alternate director who shall be appointed by the Speaker of the Legislature with th e consent of the Legislature. He shall have no voting power unle ss and until a member of the Board of Directors is absent from a m eeting. The alternate shall replace the first absent director. Should a absent director, who has been replaced by an alternate arr ive at a meeting, his voting power displaces that of the alt ernate on any matters ternate shall replace the first absent director. Should a absent director, who has been replaced by an alternate arr ive at a meeting, his voting power displaces that of the alt ernate on any matters which arise after his arrival. The alternat e director shall not replace a director who is present at a meeting but chooses to leave prior to the close of the meeting. The Board of Directors COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 8 shall elect from amongst its body a chairperson and vice chairperson. The twelfth (12th) director from a pre vious board shall not be held over solely to act as the twelfth (12th) director of a new board. The twelfth (12th) director of a ne w board. (sic) The twelfth (12th) director of a previous board may be appointed as the twelfth (12th) director of any subsequent bo ard as set forth herein. (b) Eight (8) directors shall constitute a quorum o f the board for the transaction of all business. No director sh all be entitled to vote his or her vote by proxy. (c) Elected and alternate directors, the legislativ e directors and the twelfth (12th) director shall serve for two (2) years. siness. No director sh all be entitled to vote his or her vote by proxy. (c) Elected and alternate directors, the legislativ e directors and the twelfth (12th) director shall serve for two (2) years. (d) (1)Appointed directors shall serve at the pleas ure of the Governor. (2) Legislative Directors and the alternate direct or shall serve at the pleasure of the Speaker of the Guam Legislature. (e) Elected and alternate directors, the legislativ e directors and the twelfth (12th) director may be removed for cause upon the vote of not less than eight (8) directors or wi th or without cause upon the vote of not less than two-thirds (2/ 3) of the total number of votes of the contributing members at a pr operly called meeting of the contributing members at which a quor um is present. (f) (1) A vacancy on the Board, whether created by resignation or removal, of a director who was appoi nted by the Governor shall be filled by appointment of the Governor with the advice and consent of the Guam Legislature . Said persons shall serve at the pleasure of the Governor . (2) The Speaker of the Guam Legislature shall fill vacancies on the Board, whether created by resignat ion or removal, of the Legislature . Said persons shall serve at the pleasure of the Governor . (2) The Speaker of the Guam Legislature shall fill vacancies on the Board, whether created by resignat ion or removal, of the Legislative Directors and the alter nate director. Said persons shall serve at the pleasure of the Speaker of the Guam Legislature. (g) A vacancy on the Board (whether created by resi gnation or removal) of an elected member shall be filled by selection by COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 9 at least two of the remaining elected directors. An elected director filling a vacancy shall serve only until t he end of the term of the director whom he replaced. (h) A vacancy on the Board (whether created by resi gnation or removal) of the twelfth (12th) director shall be filled by selection of at least eight (8) of the directors. A person filling a vacancy of the twelfth (12th) director shall serve only until the end of the term of the director whom he replaced. (i) The Board shall act only by resolution at a mee ting duly held. Neither the chairperson nor vice-chairperson nor any individual director or group of directors shall hav e any authority to direct any The Board shall act only by resolution at a mee ting duly held. Neither the chairperson nor vice-chairperson nor any individual director or group of directors shall hav e any authority to direct any employee of the Bureau except by reso lution adopted as herein provided. Any resolution or actio n of the Board shall require an affirmative vote or eight (8 ) at a properly held meeting of the Board. (j) Special meetings of the Board of Directors may be called at any time by the Chairperson, or in the Chairpers on’s absence, the Vice-Chairperson; or, by the General Manager on the written instruction of any two (2) directors. (k) Neither an elected Director of the eleventh dir ector shall serve more than two consecutive terms. (l) A vacancy on the Board (whether created by resi gnation or removal) of the legislative member shall be fill ed by appointment of the Speaker. The legislative directo r filling a vacancy shall serve only until the end of the term of the director whom he replaced. (m) Appointments made by I Maga’lahi [the Governor] shall conform to the requirements of 4 GCA §2105. r filling a vacancy shall serve only until the end of the term of the director whom he replaced. (m) Appointments made by I Maga’lahi [the Governor] shall conform to the requirements of 4 GCA §2105. (n) Appointments made by I Maga’lahi [the Governor] shall include an individual who possesses expertise in ou r island’s folk arts, culture, language, heritage or history. SOURCE: § 9106(a)-(j) enacted by P.L. 17-32:2; subsections (a), (c), (e) and (f) amended by P.L. 17-81; (a), (b), (c), (e), (h) and (i) R/R by P.L. 19-5:135; (k) added by P.L. 19-5:122 and (l) added by P.L. 19-5:135. Subsection (a) amended by P.L. 19-10:36. Subsection (c) amended by P.L. 19-10:37. Subsection (e) amended by P.L. 19-10 :38. Subsection (h) amended by P.L.19-10:39. Subsection (d) repealed an d reenacted by P.L. COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 10 24-30:2. Subsection (f) repealed and reenacted by P .L. 24-30:3. Subsection (m) added by P.L. 27-49:2. Subsection ( n) added by P.L. 27- 49:3. COMMENT: The Guam Visitors Bureau is not a Apublic corporation @, nor is it an entity of the government of Guam. Bordallo v. Reyes, et al., No. y P.L. 27-49:2. Subsection ( n) added by P.L. 27- 49:3. COMMENT: The Guam Visitors Bureau is not a Apublic corporation @, nor is it an entity of the government of Guam. Bordallo v. Reyes, et al., No. 84-1665, 9th Circuit Court of Appeals (1985), a ffirming the District Court of Guam, CV83-95-CCD under the same name. How ever, the amendments made to this Chapter as a result of this decision reaffirm the original intent that the GVB be a part of the gover nment. See § 9100. § 9107. Same: Duties. The Board shall: (a) Promote visitor satisfaction with Guam as a tou rist destination and facilitate the orderly growth and maintenance of the visitor industry; (b) Encourage and support the employment of local residents in job opportunities in the tourism indus try. (c) Assist in the development of adequate tourist facilities and attractions, including local beautif ication projects; (d) Work with other entities to collect, analyze an d evaluate pertinent data on the visitor industry dev eloped by itself, other governmental and private agencies and publish and disseminate comprehensive statistics and other data on a monthly, quarterly and yearly basis. ata on the visitor industry dev eloped by itself, other governmental and private agencies and publish and disseminate comprehensive statistics and other data on a monthly, quarterly and yearly basis. Data shall, as reasonably available, include the number of visitor s, expenditures by visitors, points of origin and dest ination, hotel occupancy, taxes collected, jobs created and lost, percentage of U.S. and permanent residents employed at all levels in the visitor industry, and any and all oth er relevant information related to tourism and the visitor indu stry. Notwithstanding any other provision of law, all gov ernment agencies shall coordinate with the Bureau in provid ing the data and other information required herein so as to become an agency source for the dissemination of visitor i ndustry statistics and information; (e) Provide advice and technical assistance to tour ism development organizations in planning programs to a ttract COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 11 visitors, and develop and disseminate literature fo r distribution to visitors, and potential visitors to this territory; (f) Cooperate with regional agencies promoting Micronesia VISITORS BUREAU 11 visitors, and develop and disseminate literature fo r distribution to visitors, and potential visitors to this territory; (f) Cooperate with regional agencies promoting Micronesia and the Mariana Islands as a tourist des tination; (g) Encourage and support local activities, program s and development which would enhance Guam as an attractive tourist destination; (h) Support the marketing of local arts, handicraft s and other manufactured products to visitors; and (i) Encourage local cultural activities for tourist and general public enjoyment. SOURCE: Added by P.L. 17-32. Subsection (d) R/R by P.L. 20 -205:13. § 9108. General Manager. (a) The Board, by an affirmative vote of at least e ight (8) votes, shall appoint a General Manager. The General Manager shall serve as the Bureau’s chief administrative of ficer, and his duties and compensation shall be determined and app roved by the Board. The General Manager will serve at the pl easure of the Board. (b) The day-to-day operations of the Bureau shall b e the province of the General Manager. The General Manage r shall be primarily responsible for the maintenance, operatio n, development, and administration of the day operations of the Bureau shall b e the province of the General Manager. The General Manage r shall be primarily responsible for the maintenance, operatio n, development, and administration of the Bureau’s bus iness affairs. (c) The duties of the General Manager shall include the following: (1) Insuring that the Board’s rules and regulations are enforced; (2) Attending all Board meetings unless excused by the Board; (3) Keeping the Board advised as to the needs of th e Bureau; COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 12 (4) Approving demands for the payment of obligation s of the Bureau within the purposes and amounts autho rized by the Board; (5) Selecting, appointing, terminating, with or wit hout cause, and supervising employees of the Bureau; (6) Publishing a financial report in a manner provi ded by the Board within one hundred twenty (120) days f rom the end of each fiscal year showing the result of o perations for the preceding fiscal year and the financial sta tus of the Bureau on the last day thereof; (7) Rendering a monthly accounting statement to the Board in such form as the Board directs; (8) Annually submitting to the Board and the Govern nancial sta tus of the Bureau on the last day thereof; (7) Rendering a monthly accounting statement to the Board in such form as the Board directs; (8) Annually submitting to the Board and the Govern or programs and financial plans in accordance with the provisions of the Executive Budget Act set forth in Title VI, Chapter III of the Government Code of Guam; and (9) Performing such other and additional duties as the Board may direct. SOURCE: Added by P.L. 17-32. Subsection (a) repealed and reenacted by P.L. 28-068:IV:62 (Sept. 30, 2005). 2015 NOTE: Subsection designations in (c) altered pursuant t o 1 GCA § 1606. § 9109. Other Personnel. (a) The General Manager may employ, subject to the approval of the Board, a Deputy Manager and secreta ry. The duties and compensation of such personnel shall be determined by the General Manager with the advice and approval of the Board. (b) The Board may employ or retain an attorney, or firm of attorneys, who shall be admitted to practice before the courts of Guam, who shall advise the Board and the General Ma nager on all legal matters to which the Bureau is a party or in which the Bureau is legally interested, and may represent the Board in he courts of Guam, who shall advise the Board and the General Ma nager on all legal matters to which the Bureau is a party or in which the Bureau is legally interested, and may represent the Board in connection with legal matters before the Legislatur e, other Boards and other agencies of the Territory. The Att orney General shall represent the Bureau in litigation in which the COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 13 Bureau is interested, provided that the Attorney Ge neral may deputize or designate the attorney for the Bureau a s a Special Assistant Attorney General for this purpose. The te rms, conditions and compensation of employment of any su ch attorney shall be determined by the Board, and the attorney shall serve at the pleasure of the Board. (c) [Repealed.] SOURCE: Added by P.L. 17-32. Subsection (c) added by P.L. 27- 106:VI:21. Subsection (c) repealed by P.L. 28-068:I V:103 (Sept. 30, 2005). § 9110. Employment. (a) Pursuant to the provisions of 4 GCA Section 41 05, the Board shall establish rules and regulations governi ng selection, promotion, performance evaluation, demotion, suspen sion, removal and other disciplinary action for the emplo GCA Section 41 05, the Board shall establish rules and regulations governi ng selection, promotion, performance evaluation, demotion, suspen sion, removal and other disciplinary action for the emplo yees of the Bureau. (b) Employees of the Bureau, excluding the Director s, and including the General Manager, shall be members of the Government of Guam Retirement Fund, subject to the provisions of 4 GCA Section 8105. The Bureau shall contribute to the Government of Guam Retirement Fund on the basis of bi-weekly billings as determined by the Board of Trustees, Go vernment of Guam Retirement Fund, for the government’s share of the cost of the retirement benefits applicable to the Bureau ’s employees and their beneficiaries. The Bureau also shall cont ribute to the Workmen’s Compensation Fund, on the basis of annual billings as determined by the Workmen’s Compensation Commiss ioner, for the benefit payments made from such fund on acc ount of the Bureau’s employees. (c) Each Bureau employee shall be eligible to parti cipate in any Government of Guam health and life insurance or prepaid health plan. SOURCE: Added by P.L. 17-32. § 9111. Contracts and Purchases. s. (c) Each Bureau employee shall be eligible to parti cipate in any Government of Guam health and life insurance or prepaid health plan. SOURCE: Added by P.L. 17-32. § 9111. Contracts and Purchases. The Bureau will always seek the most reasonable pri ces for services and products needed, giving due considerat ion to the COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 14 urgency of the requirement. Purchase orders or lett ers of authorization will be executed by the General Manag er for needed products or provisions, pursuant to the curr ent budget. Such purchase orders or letters of authorization fo r expenditures in excess of Twenty-four Thousand Nine Hundred Nine ty-nine Dollars ($24,999), except salaries, shall require p rior approval by the Board of Directors. SOURCE: Added by P.L. 17-32:2 (Nov. 22, 1983); amended by P.L. 17- 81, P.L. 20-221:29 (Dec. 14, 1984), and P.L. 35-099 :XII:41 (Sep. 15, 2020). § 9112. Members. (a) Any person including natural persons, partners hips, and corporations shall be entitled to be a member of th e Bureau. (b) There shall be two (2) classes of membership: (1) ‘Contributing Members’ who shall be those members contributing the rtners hips, and corporations shall be entitled to be a member of th e Bureau. (b) There shall be two (2) classes of membership: (1) ‘Contributing Members’ who shall be those members contributing the sum of One Hundred Dollars ($100.00) or more annually; and (2) ‘Honorary Members’ being those members contributing less than One Hundred Dollars ($100.00 ) annually. Only contributing Members shall be entitled to vote , however, membership meetings shall be open to all members. (c) Contributing members may acquire multiple votin g rights on the basis of one (1) vote for each annual contribution of One Hundred Dollars ($100.00), payable in lump sum or installments, provided, no single membership shall be entitled to more than ten (10) votes. All contributions of cont ributing members herein mentioned shall be cash and must be paid in full ninety (90) days prior to having any voting rights. (d) A quorum of the membership shall require attend ance of at least fifty percent (50%) of the total voting po wer of the members. Except as otherwise provided by law, any a ct of the members shall require a vote of a majority of the v oting power of the members present at any meeting duly held. tal voting po wer of the members. Except as otherwise provided by law, any a ct of the members shall require a vote of a majority of the v oting power of the members present at any meeting duly held. Contr ibuting members may be present and may vote by proxy, provi ded written authorization of proxy is delivered to the Secretary or COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 15 General Manager, or the Chairperson of the meeting at least twenty-four (24) hours prior to the commencement of the meeting which is the subject of the proxy. (e) Notwithstanding any other provision of law, gov ernment funds of any department, agency or instrumentality of the government may not be used to pay membership dues o r acquire voting rights. Any such funds used to acquire or co ntinue membership or acquire or continue voting rights aft er October 1, 1985 shall be reimbursed to the affected department , agency or instrumentality of the government. (f) At elections of directors by the membership, ea ch member who has acquired the right to cast votes at such election shall case as many votes as the member has acquired for each of four (4) candidates. t elections of directors by the membership, ea ch member who has acquired the right to cast votes at such election shall case as many votes as the member has acquired for each of four (4) candidates. Notwithstanding the provisions of Section 307 of the Civil Code, cumulative voting is prohibi ted. SOURCE: Added by P.L. 17-32. Subsection (e) added [as (f)] by P.L. 18-30:62; subsection (f) added by [as (e)] by P.L. 18-48:11. 2015 NOTE: Subsection designations in (b) were altered pursu ant to 1 GCA § 1606. § 9113. Fiscal Authority. (a) For each fiscal year there is authorized to be appropriated as part of the executive budget, money in the ‘Tourist Attraction Fund’, such sums as may be nece ssary for the Bureau to carry out the provisions of this Article. Such appropriations shall be governed by the Executive B udget Act set forth in Chapter III of Title VI of the Governm ent Code of Guam. (b) All funds appropriated to the Bureau by the Gov ernment of Guam shall be considered grants in aid. No disbu rsement of funds of the Bureau shall be made unless the same h as been approved, authorized and ordered by the Board of Di rectors. the Gov ernment of Guam shall be considered grants in aid. No disbu rsement of funds of the Bureau shall be made unless the same h as been approved, authorized and ordered by the Board of Di rectors. (c) The Legislature may condition payment of any su ms appropriated pursuant to sub-section (a) of this se ction upon requirements that the membership match the appropri ated funds, with cash or in-kind contributions, on the basis of not more than twenty cents (20 4) for every eighty cents (80 4) so appropriated. COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 16 (d) As a condition to receiving any funds appropria ted to the Bureau by I Liheslaturan Guåhan or borrowed pursuant to § 9105(n), the Bureau shall agree to abide by the off -Guam travel rates and regulations applicable to government of G uam employees, and shall allow an audit of all the Bure au’s funds and matching cash, and in-kind contributions of its mem bership by the Public Auditor as authorized by Chapter 19 of T itle 12 of the Guam Code Annotated, as amended by § 59 of Public L aw Number 26-76. Should the audit reveal any discrepancies or violat ions of law or of the Bureau’s rules and regulations or 19 of T itle 12 of the Guam Code Annotated, as amended by § 59 of Public L aw Number 26-76. Should the audit reveal any discrepancies or violat ions of law or of the Bureau’s rules and regulations or pol icies, then the Board shall take steps to correct the discrepancies and to recover any expenditures not made in accordance with existi ng laws, rules, regulations or policies. The Public Auditor shall provide a copy of any audit conducted pursuant to this Subsec tion to the Attorney General. Upon the enactment of this Subse ction, an audit of the Bureau shall be conducted for prior fi scal years. SOURCE: Added P.L. 17-32; Subsection (d) added by P.L. 20- 41:9. Subsection (d) amended by P.L. 26-83:5. § 9114. Commencement of Business. (a) The Bureau as organized pursuant to this Artic le shall commence business on January 9, 1984. (b) The Governor shall submit to the Legislature th e names of nominees of appointed directors no later than De cember 15, 1983. (c) The four (4) directors elected by the membershi p of the existing Guam Visitors Bureau shall call and conduc t a meeting of contributing members no later than December 28, 1983 to elect elected directors to serve for a ors elected by the membershi p of the existing Guam Visitors Bureau shall call and conduc t a meeting of contributing members no later than December 28, 1983 to elect elected directors to serve for a two-year ter m commencing January 9, 1984. For the first election contributin g members who have paid contributions for the 1984-1985 bi-annual period on or before December 14, 1983, shall be entitled to one (1) vote for each $200 contributed up to a maximum of ten (10) v otes. No contributing member may vote by proxy at the first meeting. The quorum for the first meeting shall be at least fift y percent (50%) of votes of contributing members. The four persons receiving the COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 17 four highest number of votes shall be elected. In c ase of a tie, a run-off shall be held. SOURCE: Added by P.L. 17-32, amended by P.L. 17-37. § 9115. Reservation of Powers. The Legislature hereby reserves the power to alter , amend or repeal any or all of the sections of this Articl e. SOURCE: Added by P.L. 17-32. § 9116. Personnel Status. On the effective date of this Act, present employe es of the Guam Visitors Bureau shall continue to be or all of the sections of this Articl e. SOURCE: Added by P.L. 17-32. § 9116. Personnel Status. On the effective date of this Act, present employe es of the Guam Visitors Bureau shall continue to be employees of the Guam Visitors Bureau, members of the Government of Guam Retirement Fund and, with the exception of the Gene ral Manager, Deputy Manager, and Secretary, their posit ions shall be classified positions. The previous legal status of the Bureau shall not detrimentally affect the rights of employ ees, past and present, whose contributions to the Retirement Fund were made prior to the effective date of this Act. SOURCE: P.L. 17-32:5, codified by Compiler. § 9117. Grant Awards Fund and Authority to Award Grants to Organizations. There is hereby created the Guam Visitors Bureau Gr ant Awards Fund (Grant Fund) that is funded by sources that include, but are not limited to, appropriations fro m I Liheslaturan Guåhan, federal grants, and private donations. The Board of Directors of the Guam Visitors Bureau shal l, subject to the availability of funds, solicit for and receive grant applications and proposals from governmental and non-governmenta l organizations and shall, subject he Guam Visitors Bureau shal l, subject to the availability of funds, solicit for and receive grant applications and proposals from governmental and non-governmenta l organizations and shall, subject to the availabilit y of funds, allocate the Grant Fund balances in each fiscal yea r to Categories One and Two as follows: (a) Category One (the total funds allocated to Category One shall not exceed fifty percent (50%) o f the Grant Fund balance and revenues available each fisc al year): (1) the Department of Parks and Recreation; COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 18 (2) the Mayors Council of Guam; (3) individual Mayoral offices or Municipal Planning Councils; (4) the Guam Environmental Protection Agency; or (5) any other agency as determined by the Board. (b) Category Two (the total funds allocated to Category Two shall not exceed fifty percent (50%) o f the Grant Fund balance and revenues available each fisc al year): (1) Påʹå Taotao Tånoʹ; (2) Historic Inalåhan Foundation; (3) Pacific War Museum Foundation; (4) Håya Cultural Preservation Foundation; (5) Guam International Film Festival; (6) Humåtak Foundation; (7) Åmot Taotao Tånoʹ; (8) Huråo toric Inalåhan Foundation; (3) Pacific War Museum Foundation; (4) Håya Cultural Preservation Foundation; (5) Guam International Film Festival; (6) Humåtak Foundation; (7) Åmot Taotao Tånoʹ; (8) Huråo Academy, Inc.; (9) Inetnon Gefpaʹgo Cultural Arts Program, Inc.; (10) Humanities Guåhan; (11) Guam Symphony Society; (12) Guam Unique Merchandise and Arts (GUMA); (13) Duk Duk Goose, Inc.; (14) Ayuda Foundation; (15) Traditions Affirming our Seafaring Ancestry (TASA); (16) Traditions About Seafaring Islands (TASI); (17) Guåfi , Inc.; COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 19 (18) University of Guam Press; (19) Ulitao ; (20) Micronesia Conservation Trust; (21) Inadahen I Linaʹla Kotturan CHamoru , Inc.; or (22) any other non-profit organization as determined by the Board. (c) The Guam Visitors Bureau shall adopt rules and regulations for the Guam Visitors Bureau Grant Awar ds Fund program prior to the implementation of the pro visions of this Section in accordance with the Administrati ve Adjudication Law. (d) Reporting Requirements. The Guam Visitors Bureau Board of Directors shall prepare a report wi th full statements of all funds received and expended out with the Administrati ve Adjudication Law. (d) Reporting Requirements. The Guam Visitors Bureau Board of Directors shall prepare a report wi th full statements of all funds received and expended out o f the Grant Fund and shall transmit such report to the Sp eaker of I Liheslaturan Guåhan no later than thirty (30) days after the end of each fiscal year. SOURCE: Added by P.L. 36-030:1 (June 11, 2021). ---------- ARTICLE 2 TOURIST STAMP § 9201. Definitions. § 9202. Authorization to Issue Stamps. § 9203. Production and Marketing of Stamps. § 9204. Use of Funds. § 9205. Required Reports. § 9201. Definitions. Unless the context otherwise requires, the followi ng provisions shall govern the construction of this Ar ticle: (a) Tourist stamps means paper devices which are gummed on one side and printed on the other and des igned in such a manner that they may be affixed to the ou tside of COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 20 the envelopes. The stamps shall be the same approxi mate dimensions as those of the Christmas or Easter Seal s and may be issued in booklets or sheets in any denomina tion, and shall be printed on one side. elopes. The stamps shall be the same approxi mate dimensions as those of the Christmas or Easter Seal s and may be issued in booklets or sheets in any denomina tion, and shall be printed on one side. Said printing sha ll consist of the Guam seal, a historic or scenic view of Guam and/or such other matter as the Board finds proper. (b) Board means the Board of Directors of the Guam Visitors Bureau. SOURCE: GC § 38100, as added by P.L. 13-197. § 9202. Authorization to Issue Stamps. The Board is authorized to issue tourist stamps fr om time to time in such denominations and in such quantities a s it finds advisable. SOURCE: GC § 38100, as added by P.L. 13-197. § 9203. Production and Marketing of Stamps. In accordance with the laws of Guam, the Board may enter into contracts for the production and marketing of tourist stamps. SOURCE: GC § 38102, as added by P.L. 13-197. § 9204. Use of Funds. The net proceeds from the sale of tourist stamps s hall be funds of the Guam Visitors Bureau for use in the pr omotion of tourism. Said funds shall be considered part of the Government’s contribution to the Guam Visitors Bureau’s annual o perating budget. SOURCE: GC § 38103, as added by P.L. for use in the pr omotion of tourism. Said funds shall be considered part of the Government’s contribution to the Guam Visitors Bureau’s annual o perating budget. SOURCE: GC § 38103, as added by P.L. 13-197. § 9205. Required Reports. The Guam Visitors Bureau shall annually submit rep orts to the Governor and to the Legislature of transactions within §§ 9202, 9203 and 9204 herein. SOURCE: GC § 38104, as added by P.L. 13-197. ---------- COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 21 ARTICLE 3 RAINY DAY FUND SOURCE: Entire article added by P.L. 13-171:1 (Jul. 28, 197 5). Repealed by P.L. 19-7:7 (Aug. 26, 1987). Added by P.L. 30- 116:1(b) (Apr. 1, 2010). § 9301. Rainy Day Fund, established. § 9302. Annual Deposit. § 9303. Use of Funds. § 9304. Access to Funds, established. § 9305. Initial Deposit, identified. § 9306. Annual Audit, required. § 9301. Rainy Day Fund, established. There is hereby created, separate and apart from al l other funds, the Guam Visitors Bureau ' Rainy Day Fund ' (hereinafter referred to as Fund ). The deposits into the Fund shall not be commingled with deposits received from the Tourist Attraction Fund for the operations, special projects, ' Rainy Day Fund ' (hereinafter referred to as Fund ). The deposits into the Fund shall not be commingled with deposits received from the Tourist Attraction Fund for the operations, special projects, and any other appropriations made to the Guam Visitors Bureau, an d shall be kept in a separate bank account. The bank account shall be established and maintained by the Guam Visitors Bur eau, and its funds shall only be available for use as stipulated herein. § 9302. Annual Deposit. An amount equal to one and one-half percent (1½%) o f the adopted revenue projection of the Tourist Attractio n Fund for each fiscal year, or Two Hundred Thousand Dollars ( $200,000), whichever amount is greater, shall be set aside and allocated by the Department of Administration to the Guam Visito rs Bureau for deposit into the Fund established by this Secti on. Each annual deposit shall be made over the course of the fiscal year as collections are received. SOURCE: Added by P.L. 30-116:1(b) (Apr. 1, 2010), amended by P.L. 34-135:1 (Oct. 17, 2018). § 9303. Use of Funds. The funds may be used to support identified activit ies to meet unforeseen or unanticipated challenges resulting from COL9/7/202112 GCA amended by P.L. 34-135:1 (Oct. 17, 2018). § 9303. Use of Funds. The funds may be used to support identified activit ies to meet unforeseen or unanticipated challenges resulting from COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 22 either a natural or man-made disaster that has occurred on Guam, or from external economic conditions that have severe ly affected Guam’s ability to attract visitors. § 9304. Access to Funds, established. Following the approval of a resolution by the Board of Directors of the Guam Visitors Bureau containing: (a) a statement of facts that a natural or man-made disaster has occurred on Guam, or certain external economic conditions have been experienced; (b) a recitation of the activities to be undertaken to mitigate the potential harm to Guam’s tourism indus try; and (c) insufficient funds are available for such activ ities within the current fiscal year’s operating budget; up to fifty percent (50%) of the Fund’s balance may be made ava ilable to the Guam Visitors Bureau for each such occurrenc e. If the activities to be undertaken require funding gre ater than the amount available, the Guam Visitors Bureau shall immediately notify I lable to the Guam Visitors Bureau for each such occurrenc e. If the activities to be undertaken require funding gre ater than the amount available, the Guam Visitors Bureau shall immediately notify I Liheslaturan Guåhan of their need for additional funding assistance, and seek the approva l of legislation to expend more than the fifty percent (50%) authorized herein. § 9305. Initial Deposit, identified. Notwithstanding the general provisions of Title 11, Guam Code Annotated, § 30107.1, and for the purposes of the initial deposit only , the funds contained in the Guam Visitors Bureau’s Bank of Guam Certificate of Deposit shall constitute the deposits for Fiscal Year 2009 and Fiscal Year 2010. § 9306. Annual Audit, required. The Guam Visitors Bureau shall conduct an annual audit of the Fund to ensure compliance with all statutory re gulations governing its deposits and expenditures. ---------- COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 23 ARTICLE 4 CULTURAL AND SPORTS AMBASSADORS FUND SOURCE: Article 4 added by P.L. 33-010 (Apr. 1, 2015). § 9401. Legislative Statement. § 9402. Cultural and Sports Ambassadors Fund, Estab lished. § 9403. RTICLE 4 CULTURAL AND SPORTS AMBASSADORS FUND SOURCE: Article 4 added by P.L. 33-010 (Apr. 1, 2015). § 9401. Legislative Statement. § 9402. Cultural and Sports Ambassadors Fund, Estab lished. § 9403. Adoption of Rules and Regulations. § 9401. Legislative Statement. (a) Cultural performers and athletes on Guam serve as integral components of Guam’s tourism industry. Op portunities for cultural groups and sports teams to promote Gua m’s rich and unique culture abroad help to educate other communi ties about, and raise awareness of, our island as a safe, clean , and pleasant destination of choice. Cultural groups and sports t eams continue to strengthen Guam’s image abroad through their par ticipation in regional and international fairs, competitions, and activities. (b) It is, therefore, a policy of the government of Guam to identify and sustain a viable funding source to sup port opportunities for cultural organizations and sports teams to strengthen existing, and to attract new, visitor ma rkets through their participation in activities that are duly app roved by the Guam Visitors Bureau. 2015 NOTE: Subsection designations added pursuant to 1 GCA § 1606. § 9402. attract new, visitor ma rkets through their participation in activities that are duly app roved by the Guam Visitors Bureau. 2015 NOTE: Subsection designations added pursuant to 1 GCA § 1606. § 9402. Cultural and Sports Ambassadors Fund, Established. (a) There is hereby created, separate and apart fro m all other funds, the Guam Visitors Bureau ‘Cultural and Sport s Ambassadors Fund’ (hereinafter referred to as Fund) . The Guam Visitors Bureau is hereby authorized to use Fund pr oceeds to provide grants for transportation expenses for off- island travel by cultural and sports ambassadors. Deposits into the Fund shall not be commingled with deposits received from the Touri st Attraction Fund for the operations, special project s, and any other appropriations made to the Guam Visitors Bure au, and shall be kept in a separate bank account. The bank accou nt shall COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 24 be established and maintained by the Guam Visitors Bureau, and its funds shall only be available for use as stipulated herein. (b) Financial contributions may also be made to the Fund by participating businesses and organizations, as spon sors of cultural u, and its funds shall only be available for use as stipulated herein. (b) Financial contributions may also be made to the Fund by participating businesses and organizations, as spon sors of cultural and sports ambassadors. (c) Any unexpended balance of the Cultural and Spor ts Ambassadors Fund shall not revert to the Tourist Attraction Fund or any other fund, and shall be available until fully expended for the purposes described herein. 2015 NOTE: Subsection designations added pursuant to 1 GCA § 1606. § 9403. Adoption of Rules and Regulations. (a) Within ninety (90) days following the enactment of this Act, the Guam Visitors Bureau shall adopt, pursuant to the requirements of the Administrative Adjudication Law , the rules and regulations necessary to effectuate the provisi ons herein, which shall include, but not be limited to: the definition of a cultural ambassador and a sports ambassador; the ty pes of fairs, competitions, and activities to be authorized; a re quirement that grants awarded to each ambassador not exceed fifty percent (50%) of transportation expenses; eligibility and s election criteria; and the requirement for cultural and spor ts ambassadors to complete grants awarded to each ambassador not exceed fifty percent (50%) of transportation expenses; eligibility and s election criteria; and the requirement for cultural and spor ts ambassadors to complete community service hours as a condition for receiving public funds. (b) In developing the required rules and regulation s, the Guam Visitors Bureau may consider incorporating exi sting rules and regulations established for the ‘Off-Island Edu cational Training and Cultural Enhancement Fund,’ and the ‘S ports Fund for Off-Island Travel,’ as applicable and necessary . The rules and regulations shall ensure that Fund proceeds are used exclusively to support cultural groups sanctioned b y the Guam Visitors Bureau, youth sports teams participating i n nationally and internationally recognized competitions, and ot her sports teams that are acknowledged by a nationally or inte rnationally recognized sports organization. 2015 NOTE: Subsection designations added pursuant to 1 GCA § 1606. ---------- COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 25 ARTICLE 5 GUAM VISITORS BUREAU REQUEST FOR INFORMATION ; DEVELOPMENT OF A CRUISE SHIP INDUSTRY ON GUAM SOURCE: Entire Article added COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 25 ARTICLE 5 GUAM VISITORS BUREAU REQUEST FOR INFORMATION ; DEVELOPMENT OF A CRUISE SHIP INDUSTRY ON GUAM SOURCE: Entire Article added by P.L. 34-075:2 (Feb. 9, 20 18). § 9501. Request for Information. § 9501. Request for Information. The Guam Visitors Bureau (GVB) shall develop and publish a Request for Information (RFI) for the pur pose of soliciting and determining public interest and the desired direction that public policymakers may take relativ e to the development, management and operation of a cruise s hip industry on Guam. (a) (1) The information to be solicited shall include, at a minimum, but shall not be limited to: (A) what is needed for Guam to develop, manage, and operate a cruise ship industry homeport ed at the Jose D. Leon Guerrero Port of Guam; (B) what is needed for local cruise tourism support, including communications infrastructure, ground travel, cultural experiences, sports and nat ure experiences, site visits, entertainment, retail fac ilities, dining facilities, comfort facilities, and any othe r experience support needed for cruise passengers tha t dock on Guam; (C) what is needed to iences, site visits, entertainment, retail fac ilities, dining facilities, comfort facilities, and any othe r experience support needed for cruise passengers tha t dock on Guam; (C) what is needed to engage a public/private collaboration in the renovations needed at the Jose D. Leon Guerrero Port of Guam in an area suitable for a cruise ship industry; (D) what is needed to develop communication, collaboration, and organization between island governments, educational and cultural institutions, and private business and non-profit entities throughout Micronesia to collaborate on a Micronesia-wide crui se ship enterprise; COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 26 (E) information relative to needed funding and available funding from any resource, government and private, for the development of a cruise ship indus try, and any of the related experiences passengers would have on Guam and throughout Micronesia; (F) what is needed for success-monitoring of a Micronesia-wide cruise industry as it pertains to G uam; (G) what is needed for training, marketing, safety and security, enhanced transportation, and tourism asset development within Guam to include a cruise a-wide cruise industry as it pertains to G uam; (G) what is needed for training, marketing, safety and security, enhanced transportation, and tourism asset development within Guam to include a cruise ship industry within the current visitor industry; and (H) what is needed to solicit interest from cruise ship lines with appropriate vessels for visiting throughout Micronesia to offer their services on a Micronesia cruise adventure. (2) The publication of the RFI shall expressly state that it is being issued solely for the purpose of solici ting public information for planning purposes, does not constit ute a Request for Proposal (RFP), and does not commit the government to contract for any supply or service. (3) Respondents shall be advised that the government of Guam and/or GVB will not pay for any information received or administrative costs incurred in respon ding to this RFI. (A) All costs experienced or associated with responding to this RFI will be incurred solely at t he responding party’s expense. (B) Not responding to this RFI does not preclude participation in any future RFP, should there be on e issued. with responding to this RFI will be incurred solely at t he responding party’s expense. (B) Not responding to this RFI does not preclude participation in any future RFP, should there be on e issued. (C) All submissions to this RFI shall become the property of the government of Guam, subject to publ ic review, and will not be returned. (D) Any issues relating to intellectual property and copyright must be clarified by the respondent a nd COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 9 GUAM VISITORS BUREAU 27 clearly marked. (b) Delivery Period/Dissemination. GVB shall publicly disseminate the RFI in a manner to solicit the broa dest number of qualified interested respondents. (1) Registries, direct mailings, and other methods, at a minimum, shall be utilized to maximize the potential number of responses to the RFI. (2) GVB shall adhere to the following schedule: (A) within sixty (60) days from enactment of this legislation, develop and publish the Request for Information (RFI); (B) provide for a fifteen (15) day question period, Saturday, Sunday, and government holidays excepted, commencing from the date of publication, for requested clarification(s) on the RFI from interest ed provide for a fifteen (15) day question period, Saturday, Sunday, and government holidays excepted, commencing from the date of publication, for requested clarification(s) on the RFI from interest ed parties/potential respondents; (C) provide for a thirty (30) day period, Saturday, Sunday, and government holidays excepted, after the close of the question period for submission to the RFI by respondents; (D) compilation by GVB of all respondents and analysis ascertaining the strength and weakness of each RFI submission by respondents; (E) transmittal of the RFI compilation/analysis from GVB to I Maga’låhen Guåhan and I Liheslaturan Guåhan no more than thirty (30) days after the rece ipt of information to the RFI; and (F) a GVB board resolution indicating the Bureau’s clear strategic plans and policy recommendations to either move forward or to suspen d any further efforts in developing a cruise ship ind ustry on Guam. 2018 NOTE: Subsection designations added/altered pursuant to the authority granted by § 1606. ----------- COL9/7/2021
Guam Legal Code