63N-13-304. Functions and responsibilities of facilitator.
(1)
A facilitator shall:
Terms Used In Utah Code 63N-13-304
Contract: A legal written agreement that becomes binding when signed.
Facilitator: means :
(a)
the office, if the office chooses to perform itself the functions and responsibilities described in Section 63N-13-304; or
(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
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.
Process: means a writ or summons issued in the course of a judicial proceeding. 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
(a)
be a single point of contact and information on public-private partnerships in the state for:
(i)
government entities exploring the possibility of filling a public need through a public-private partnership; and
(ii)
private persons exploring investment opportunities in a public project in the state through a public-private partnership;
(b)
work throughout the state to identify government entities that may have an interest in seeking to fill a public need through a public-private partnership;
(c)
work to identify private persons who may have an interest in investment opportunities in public projects in the state through a public-private partnership;
(d)
facilitate the matching of government entities seeking to fill a public need through a public-private partnership with private persons seeking investment opportunities in public projects through a public-private partnership;
(e)
facilitate and assist with the establishment of public-private partnerships for government entities who request the facilitator’s assistance in establishing a public-private partnership;
(f)
provide a website with information:
(i)
about the process for pursuing, developing, and implementing a public-private partnership in the state; and
(ii)
to help government entities and persons seeking investment opportunities through public-private partnerships in the state to understand available public-private partnership opportunities; and
(g)
through promotional, informational, and other activities, work to help move the state to the forefront throughout the country in the area of private participation in public infrastructure development through public-private partnerships.
(2)
If the office chooses to have the functions and responsibilities described in Subsection (1) performed by a person other than the office, the office shall include in a contract with that person provisions requiring the person to perform the functions and responsibilities described in Subsection (1).
(3)
The office may make recommendations for the Legislature to consider relating to public-private partnerships:
(a)
to enhance the statutory framework for the establishment of public-private partnerships for public infrastructure projects; and
(b)
with the goal of moving the state to the forefront throughout the country in the area of private participation in public infrastructure development through public-private partnerships.
