Utah Code 63N-13-306. Limits on application of this part — Concessionaire contract
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(1) Nothing in this part:
Terms Used In Utah Code 63N-13-306
- Bonding government entity: means the same as that term is defined in Section 63C-25-101. See Utah Code 63N-13-302
- Commission: means the Unified Economic Opportunity Commission created in Section
63N-1a-201 . See Utah Code 63N-1a-102 - Concessionaire contract: means the same as that term is defined in Section 63C-25-101. See Utah Code 63N-13-302
- 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- Public-private partnership: means an arrangement or agreement between a government entity and one or more private persons to fund and provide for a public need through the development or operation of a public project in which the private person or persons share with the government entity the responsibility or risk of developing, owning, maintaining, financing, or operating the project. See Utah Code 63N-13-302
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) requires a government entity to use the facilitator to explore the possibility of filling a public need through a public-private partnership; or(1)(b) limits the ability of a government entity to directly:(1)(b)(i) solicit a public-private partnership; or(1)(b)(ii) respond to a private person exploring an investment opportunity in a public project through a public-private partnership.(2) A facilitator shall inform a bonding government entity that is contemplating entering into a concessionaire contract that the bonding government entity may not enter into the concessionaire contract unless the bonding government entity first receives approval from the State Finance Review Commission in accordance with Section 63C-25-202.(3) A government entity anticipating the possibility of entering into a public-private partnership or a concessionaire contract is encouraged to consult with and take advantage of the expertise of the facilitator as the government entity determines:(3)(a) whether to enter into the public-private partnership or the concessionaire contract; and(3)(b) the best way to structure the public-private partnership or the concessionaire contract. - Government entity: means :