KRS § 45A.690 — KY Code / Title VI / Chapter 45A / Section 45A.690
45A.690 Definitions for KRS 45A.690 to 45A.725
Status: in_force

45A.690 Definitions for KRS 45A.690 to 45A.725.

(1) As used in KRS 45A.690 to 45A.725:

(a) "Committee" means the Government Contract Review Committee of the

Legislative Research Commission;

(b) "Contracting body" means each state board, bureau, commission, department,

division, authority, university, college, officer, or other entity, except the

Legislature, authorized by law to contract for personal services. "Contracting

body" includes the Tourism Development Finance Authority with regard to

tax incentive agreements;

(c) "Governmental emergency" means an unforeseen event or set of

circumstances that creates an emergency condition as determined by the

committee by promulgation of an administrative regulation;

(d) "Memorandum of agreement" means any memorandum of agreement,

memorandum of understanding, program administration contract, interlocal

agreement to which the Commonwealth is a party, privatization contract, or

similar device relating to services between a state agency and any other

governmental body or political subdivision of the Commonwealth or entity

qualified as nonprofit under 26 U.S.C. sec. 501(c)(3) not authorized under

KRS Chapter 65 that involves an exchange of resources or responsibilities to

carry out a governmental function. It includes agreements by regional

cooperative organizations formed by local boards of education or other public

educational institutions for the purpose of providing professional educational

services to the participating organizations and agreements with Kentucky

Distinguished Educators pursuant to KRS 158.782. This definition does not

apply to:

1. Agreements between the Transportation Cabinet and any political

subdivision of the Commonwealth for road and road-related projects;

2. Agreements between the Auditor of Public Accounts and any other

governmental agency or political subdivision of the Commonwealth for

auditing services;

3. Agreements between state agencies as required by federal or state law;

4. Agreements between state agencies and state universities or colleges

only when the subject of the agreement does not result in the use of an

employee or employees of a state university or college by a state agency

to fill a position or perform a duty that an employee or employees of

state government could perform if hired, and agreements between state

universities or colleges and employers of students in the Commonwealth

work-study program sponsored by the Kentucky Higher Education

Assistance Authority;

5. Agreements involving child support collections and enforcement;

6. Agreements with public utilities, providers of direct Medicaid health

care to individuals except for any health maintenance organization or

other entity primarily responsible for administration of any program or

system of Medicaid managed health care services established by law or

by agreement with the Cabinet for Health and Family Services, and

transit authorities;

7. Nonfinancial agreements;

8. Any obligation or payment for reimbursement of the cost of corrective

action made pursuant to KRS 224.60-140;

9. Exchanges of confidential personal information between agencies;

10. Agreements between state agencies and rural concentrated employment

programs; or

11. Any other agreement that the committee deems inappropriate for

consideration;

(e) "Motion picture or entertainment production" means the same as defined in

KRS 154.61-010;

(f) "Multicontract" means a group of personal service contracts between a

contracting body and individual vendors providing the same or substantially

similar services to the contracting body that, for purposes of the committee,

are treated as one (1) contract;

(g) "Nurse aide" means an individual who has successfully completed the nurse

aide training and competency evaluation program and may include a nursing

student, medication aide, or a person employed through a health care services

agency as defined in KRS 216.718 who provides nursing or nursing-related

services to a resident in a nursing facility, excluding:

1. An individual who is a licensed health professional;

2. A volunteer who provides the nursing or nursing-related services

without monetary compensation; or

3. A person who is hired by the resident or family to sit with the resident

and who does not perform nursing or nursing-related services;

(h) "Personal service contract" means an agreement whereby an individual, firm,

partnership, or corporation is to perform certain services requiring

professional skill or professional judgment for a specified period of time at a

price agreed upon. It includes all price contracts for personal services between

a governmental body or political subdivision of the Commonwealth and any

other entity in any amount. This definition does not apply to:

1. Agreements between the Department of Parks and a performing artist or

artists for less than five thousand dollars ($5,000) per fiscal year per

artist or artists;

2. Agreements with public utilities, foster care parents, providers of direct

Medicaid health care to individuals except for any health maintenance

organization or other entity primarily responsible for administration of

any program or system of Medicaid managed health care services

established by law or by agreement with the Cabinet for Health and

Family Services, individuals performing homemaker services, and

transit authorities;

3. Agreements between state universities or colleges and employers of

students in the Commonwealth work study program sponsored by the

Kentucky Higher Education Assistance Authority;

4. Agreements between a state agency and rural concentrated employment

programs;

5. Agreements between the State Fair Board and judges, officials, and

entertainers contracted for events promoted by the State Fair Board;

6. Agreements between the Kentucky Horse Park and judges, officials, and

entertainers contracted for events promoted by the Kentucky Horse

Park;

7. Agreements between the Department of Public Advocacy and attorneys

for the representation of indigent clients who are entitled to

representation under KRS Chapter 31 and who, by reason of conflict or

otherwise, cannot be represented by the department, subject to quarterly

reports of all such agreements to the committee;

8. Agreements between the Office of Kentucky Veterans' Centers and

licensed nurses and nurse aides in order to provide critically needed

long-term care to Kentucky veterans who are residents in state veterans'

nursing homes pursuant to KRS 40.325; or

9. Any other contract that the committee deems inappropriate for

consideration;

(i) "Tax incentive agreement" means an agreement executed under KRS 154.61-

030; and

(j) "Tourism Development Finance Authority" means the authority established

by KRS 148.850.

(2) Compliance with the provisions of KRS 45A.690 to 45A.725 does not dispense

with the requirements of any other law necessary to make the personal service

contract or memorandum of agreement valid.