(1) If the office chooses to have the functions and responsibilities described in Section 63N-13-304 performed by a person other than the office, the office shall, within legislative appropriations, enter into a contract with a nonprofit entity or government entity, using a request for proposals process under Title 63G, Chapter 6a, Utah Procurement Code, to act as facilitator.

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Terms Used In Utah Code 63N-13-303

  • Contract: A legal written agreement that becomes binding when signed.
  • Facilitator: means :
         (3)(a) the office, if the office chooses to perform itself the functions and responsibilities described in Section 63N-13-304; or
         (3)(b) a person engaged by the office to perform the functions and responsibilities described in Section 63N-13-304, if the office chooses to have those functions and responsibilities performed by a person other than the office. See Utah Code 63N-13-302
  • Government entity: means :
         (4)(a) the state or any department, division, agency, or other instrumentality of the state; or
         (4)(b) a political subdivision of the state. See Utah Code 63N-13-302
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(2) Except as provided in Subsection 63H-1-202(9), the office shall ensure that a contract with a person performing the functions and responsibilities of the facilitator includes a conflict-of-interest provision prohibiting the facilitator, or a principal, officer, or employee of the facilitator, from receiving a direct or indirect financial benefit from any public-private partnership that results from the facilitator’s work under the contract.