Terms Used In Utah Code > Title 31A > Chapter 22 > Part 15 - Liability Insurance for Motorboats

• Agency: means :

  (a)	a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and

  (b)

  an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301 Approved vendor: means a person who has been approved for inclusion on an approved vendor list through the approved vendor list process. See Utah Code 63G-6a-103 Approved vendor list: means a list of approved vendors established under Section 63G-6a-507. See Utah Code 63G-6a-103 Approved vendor list process: means the procurement process described in Section 63G-6a-507. See Utah Code 63G-6a-103 Bidder: means a person who submits a bid or price quote in response to an invitation for bids. See Utah Code 63G-6a-103 Bidding process: means the procurement process described in 6. See Utah Code 63G-6a-103 Chief procurement officer: means the individual appointed under Section 63A-2-102. See Utah Code 63G-6a-103 Conducting procurement unit: means a procurement unit that conducts all aspects of a procurement: (a)  except: (i)  reviewing a solicitation to verify that it is in proper form; and (ii)  causing the publication of a notice of a solicitation; and (b)  including: (i)  preparing any solicitation document; (ii)  appointing an evaluation committee; (iii)  conducting the evaluation process, except the process relating to scores calculated for costs of proposals; (iv)  selecting and recommending the person to be awarded a contract; (v)  negotiating the terms and conditions of a contract, subject to the issuing procurement unit's approval; and (vi)  contract administration. See Utah Code 63G-6a-103 Contract: A legal written agreement that becomes binding when signed. Contract: means an agreement for a procurement. See Utah Code 63G-6a-103 Contractor: means a person who is awarded a contract with a procurement unit. See Utah Code 63G-6a-103 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Design professional: means : (a)  an individual licensed as an architect under Title 58, Chapter 3a, Architects Licensing Act; (b)  an individual licensed as a professional engineer or professional land surveyor under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; or (c)  an individual certified as a commercial interior designer under Title 58, Chapter 86, State Certification of Commercial Interior Designers Act. See Utah Code 63G-6a-103 Design professional procurement process: means the procurement process described in 15. See Utah Code 63G-6a-103 Division: means the Division of Purchasing and General Services, created in Section 63A-2-101. See Utah Code 63G-6a-103 Employee: means : (a)  an individual employed by an employer; or (b)  an individual who meets the requirements of Subsection (53)(b). See Utah Code 31A-1-301 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Executive branch procurement unit: means a department, division, office, bureau, agency, or other organization within the state executive branch. See Utah Code 63G-6a-103 Insurance: includes : (i)  a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind; (ii)  a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and (iii)  a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301 Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes: (i)  a policyholder; (ii)  a subscriber; (iii)  a member; and (iv)  a beneficiary. See Utah Code 31A-1-301 Issuing procurement unit: means a procurement unit that: (a)  reviews a solicitation to verify that it is in proper form; (b)  causes the notice of a solicitation to be published; and (c)  negotiates and approves the terms and conditions of a contract. See Utah Code 63G-6a-103 Liability insurance: includes : (i)  vehicle liability insurance; (ii)  residential dwelling liability insurance; and (iii)  making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301 Motorboat business: means a motorboat sales agency, repair shop, service station, storage garage, or public marina. See Utah Code 31A-22-1501 Offeror: means a person who submits a proposal in response to a request for proposals. See Utah Code 63G-6a-103 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 :Utah Code 68-3-12.5 Person: includes : (a)  an individual; (b)  a partnership; (c)  a corporation; (d)  an incorporated or unincorporated association; (e)  a joint stock company; (f)  a trust; (g)  a limited liability company; (h)  a reciprocal; (i)  a syndicate; or (j)  another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301 Policy: includes a service contract issued by: (i)  a motor club under Chapter 11, Motor Clubs; (ii)  a service contract provided under Chapter 6a, Service Contracts; and (iii)  a corporation licensed under: (A)  Chapter 7, Nonprofit Health Service Insurance Corporations; or (B)  Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301 Premium: includes , however designated: (i)  an assessment; (ii)  a membership fee; (iii)  a required contribution; or (iv)  monetary consideration. See Utah Code 31A-1-301 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103 Procurement item: means an item of personal property, a technology, a service, or a construction project. See Utah Code 63G-6a-103 Procurement official: means : (a)  for a procurement unit other than an independent procurement unit, the chief procurement officer; (b)  for a legislative procurement unit, the individual, individuals, or body designated in a policy adopted by the Legislative Management Committee; (c)  for a judicial procurement unit, the Judicial Council or an individual or body designated by the Judicial Council by rule; (d)  for a local government procurement unit: (i)  the legislative body of the local government procurement unit; or (ii)  an individual or body designated by the local government procurement unit; (e)  for a special district, the board of trustees of the special district or the board of trustees' designee; (f)  for a special service district, the governing body of the special service district or the governing body's designee; (g)  for a local building authority, the board of directors of the local building authority or the board of directors' designee; (h)  for a conservation district, the board of supervisors of the conservation district or the board of supervisors' designee; (i)  for a public corporation, the board of directors of the public corporation or the board of directors' designee; (j)  for a school district or any school or entity within a school district, the board of the school district or the board's designee; (k)  for a charter school, the individual or body with executive authority over the charter school or the designee of the individual or body; (l)  for an institution of higher education described in Section 53B-2-101, the president of the institution of higher education or the president's designee; (m)  for the State Board of Education, the State Board of Education or the State Board of Education's designee; (n)  for the Utah Board of Higher Education, the Commissioner of Higher Education or the designee of the Commissioner of Higher Education; (o)  for the Utah Communications Authority, established in Section 63H-7a-201, the executive director of the Utah Communications Authority or the executive director's designee; or (p)  (i)  for the facilities division, and only to the extent of procurement activities of the facilities division as an independent procurement unit under the procurement authority provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the facilities division or the director's designee; (ii)  for the attorney general, and only to the extent of procurement activities of the attorney general as an independent procurement unit under the procurement authority provided under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's designee; (iii)  for the Department of Transportation created in Section 72-1-201, and only to the extent of procurement activities of the Department of Transportation as an independent procurement unit under the procurement authority provided under Title 72, Transportation Code, the executive director of the Department of Transportation or the executive director's designee; or (iv)  for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, and only to the extent of the procurement activities of the department, division, office, or entity as an independent procurement unit under the procurement authority provided outside this chapter for the department, division, office, or entity, the chief executive officer of the department, division, office, or entity or the chief executive officer's designee. See Utah Code 63G-6a-103 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public-private partnership: means an arrangement or agreement, occurring on or after January 1, 2017, between a procurement unit and one or more contractors to provide for a public need through the development or operation of a project in which the contractor or contractors share with the procurement unit the responsibility or risk of developing, owning, maintaining, financing, or operating the project. See Utah Code 63G-6a-103 Rental company: means any person or organization in the business of providing motorboats to the public. See Utah Code 31A-22-1501 Request for information: means a nonbinding process through which a procurement unit requests information relating to a procurement item. See Utah Code 63G-6a-103 Request for proposals: means a document used to solicit proposals to provide a procurement item to a procurement unit, including all other documents that are attached to that document or incorporated in that document by reference. See Utah Code 63G-6a-103 Request for proposals process: means the procurement process described in 7. See Utah Code 63G-6a-103 Request for statement of qualifications: means a document used to solicit information about the qualifications of a person interested in responding to a potential procurement, including all other documents attached to that document or incorporated in that document by reference. See Utah Code 63G-6a-103 Responsible: means being capable, in all respects, of: (a)  meeting all the requirements of a solicitation; and (b)  fully performing all the requirements of the contract resulting from the solicitation, including being financially solvent with sufficient financial resources to perform the contract. See Utah Code 63G-6a-103 Responsive: means conforming in all material respects to the requirements of a solicitation. See Utah Code 63G-6a-103 Rule: includes a policy or regulation adopted by the rulemaking authority, if adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions that govern the applicable procurement unit. See Utah Code 63G-6a-103 Rulemaking authority: means : (a)  for a legislative procurement unit, the Legislative Management Committee; (b)  for a judicial procurement unit, the Judicial Council; (c)  (i)  only to the extent of the procurement authority expressly granted to the procurement unit by statute: (A)  for the facilities division, the facilities division; (B)  for the Office of the Attorney General, the attorney general; (C)  for the Department of Transportation created in Section 72-1-201, the executive director of the Department of Transportation; and (D)  for any other executive branch department, division, office, or entity that has statutory procurement authority outside this chapter, the governing authority of the department, division, office, or entity; and (ii)  for each other executive branch procurement unit, the board; (d)  for a local government procurement unit: (i)  the governing body of the local government unit; or (ii)  an individual or body designated by the local government procurement unit; (e)  for a school district or a public school, the board, except to the extent of a school district's own nonadministrative rules that do not conflict with the provisions of this chapter; (f)  for a state institution of higher education, the Utah Board of Higher Education; (g)  for the State Board of Education or the Utah Schools for the Deaf and the Blind, the State Board of Education; (h)  for a public transit district, the chief executive of the public transit district; (i)  for a special district other than a public transit district or for a special service district, the board, except to the extent that the board of trustees of the special district or the governing body of the special service district makes its own rules: (i)  with respect to a subject addressed by board rules; or (ii)  that are in addition to board rules; (j)  for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah Board of Higher Education; (k)  for the School and Institutional Trust Lands Administration, created in Section 53C-1-201, the School and Institutional Trust Lands Board of Trustees; (l)  for the School and Institutional Trust Fund Office, created in Section 53D-1-201, the School and Institutional Trust Fund Board of Trustees; (m)  for the Utah Communications Authority, established in Section 63H-7a-201, the Utah Communications Authority board, created in Section 63H-7a-203; or (n)  for any other procurement unit, the board. See Utah Code 63G-6a-103 Security: means a: (i)  note; (ii)  stock; (iii)  bond; (iv)  debenture; (v)  evidence of indebtedness; (vi)  certificate of interest or participation in a profit-sharing agreement; (vii)  collateral-trust certificate; (viii)  preorganization certificate or subscription; (ix)  transferable share; (x)  investment contract; (xi)  voting trust certificate; (xii)  certificate of deposit for a security; (xiii)  certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease; (xiv)  commodity contract or commodity option; (xv)  certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or (xvi)  another interest or instrument commonly known as a security. See Utah Code 31A-1-301 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Small purchase process: means the procurement process described in Section 63G-6a-506. See Utah Code 63G-6a-103 Solicitation: means an invitation for bids, request for proposals, or request for statement of qualifications. See Utah Code 63G-6a-103 Standard procurement process: means : (a)  the bidding process; (b)  the request for proposals process; (c)  the approved vendor list process; (d)  the small purchase process; or (e)  the design professional procurement process. See Utah Code 63G-6a-103 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 Statement of qualifications: means a written statement submitted to a procurement unit in response to a request for statement of qualifications. See Utah Code 63G-6a-103 Technology: means the same as "information technology" as defined in Section 63A-16-102. See Utah Code 63G-6a-103 Tie bid: means that the lowest responsive bids of responsible bidders are identical in price. See Utah Code 63G-6a-103 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5