{"data":{"id":"us-ky/krs-45a.690","jurisdiction":"us-ky","citation":"KRS 45A.690","heading":"Definitions for KRS 45A.690 to 45A.725.","body":"(1) As used in KRS 45A.690 to 45A.725:\n(a) \"Committee\" means the Government Contract Review Committee of the\nLegislative Research Commission;\n(b) \"Contracting body\" means each state board, bureau, commission, department,\ndivision, authority, university, colleg e, officer, or other entity, except the\nLegislature, authorized by law to contract for personal services. \"Contracting\nbody\" includes the Tourism Development Finance Authority with regard to\ntax incentive agreements;\n(c) \"Governmental emergency\" means an u nforeseen event or set of\ncircumstances that creates an emergency condition as determined by the\ncommittee by promulgation of an administrative regulation;\n(d) \"Memorandum of agreement\" means any memorandum of agreement,\nmemorandum of understanding, progra m administration contract, interlocal\nagreement to which the Commonwealth is a party, privatization contract, or\nsimilar device relating to services between a state agency and any other\ngovernmental body or political subdivision of the Commonwealth or enti ty\nqualified as nonprofit under 26 U.S.C. sec. 501(c)(3) not authorized under\nKRS Chapter 65 that involves an exchange of resources or responsibilities to\ncarry out a governmental function. It includes agreements by regional\ncooperative organizations formed by local boards of education or other public\neducational institutions for the purpose of providing professional educational\nservices to the participating organizations and agreements with Kentucky\nDistinguished Educators pursuant to KRS 158.782. This def inition does not\napply to:\n1. Agreements between the Transportation Cabinet and any political\nsubdivision of the Commonwealth for road and road-related projects;\n2. Agreements between the Auditor of Public Accounts and any other\ngovernmental agency or poli tical subdivision of the Commonwealth for\nauditing services;\n3. Agreements between state agencies as required by federal or state law;\n4. Agreements between state agencies and state universities or colleges\nonly when the subject of the agreement does not result in the use of an\nemployee or employees of a state university or college by a state agency\nto fill a position or perform a duty that an employee or employees of\nstate government could perform if hired, and agreements between state\nuniversities or colleges and employers of students in the Commonwealth\nwork-study program sponsored by the Kentucky Higher Education\nAssistance Authority;\n5. Agreements involving child support collections and enforcement;\n6. Agreements with public utilities, providers of direct Medicaid health\ncare to individuals except for any health maintenance organization or\nother entity primarily responsible for administra tion of any program or\nsystem of Medicaid managed health care services established by law or\nby agreement with the Cabinet for Health and Family Services, and\ntransit authorities;\n7. Nonfinancial agreements;\n8. Any obligation or payment for reimbursement o f the cost of corrective\naction made pursuant to KRS 224.60-140;\n9. Exchanges of confidential personal information between agencies;\n10. Agreements between state agencies and rural concentrated employment\nprograms; or\n11. Any other agreement that the commi ttee deems inappropriate for\nconsideration;\n(e) \"Motion picture or entertainment production\" means the same as defined in\nKRS 154.61-010;\n(f) \"Multicontract\" means a group of personal service contracts between a\ncontracting body and individual vendors prov iding the same or substantially\nsimilar services to the contracting body that, for purposes of the committee,\nare treated as one (1) contract;\n(g) \"Nurse aide\" means an individual who has successfully completed the nurse\naide training and competency evalua tion program and may include a nursing\nstudent, medication aide, or a person employed through a health care services\nagency as defined in KRS 216.718 who provides nursing or nursing -related\nservices to a resident in a nursing facility, excluding:\n1. An individual who is a licensed health professional;\n2. A volunteer who provides the nursing or nursing -related services\nwithout monetary compensation; or\n3. A person who is hired by the resident or family to sit with the resident\nand who does not perform nursing or nursing-related services;\n(h) \"Personal service contract\" means an agreement whereby an individual, firm,\npartnership, or corporation is to perform certain services requiring\nprofessional skill or professional judgment for a specified period of time a t a\nprice agreed upon. It includes all price contracts for personal services between\na governmental body or political subdivision of the Commonwealth and any\nother entity in any amount. This definition does not apply to:\n1. Agreements between the Department of Parks and a performing artist or\nartists for less than five thousand dollars ($5,000) per fiscal year per\nartist or artists;\n2. Agreements with public utilities, foster care parents, providers of direct\nMedicaid health care to individuals except for a ny health maintenance\norganization or other entity primarily responsible for administration of\nany program or system of Medicaid managed health care services\nestablished by law or by agreement with the Cabinet for Health and\nFamily Services, individuals pe rforming homemaker services, and\ntransit authorities;\n3. Agreements between state universities or colleges and employers of\nstudents in the Commonwealth work study program sponsored by the\nKentucky Higher Education Assistance Authority;\n4. Agreements between a state agency and rural concentrated employment\nprograms;\n5. Agreements between the State Fair Board and judges, officials, and\nentertainers contracted for events promoted by the State Fair Board;\n6. Agreements between the Kentucky Horse Park and judges, officials, and\nentertainers contracted for events promoted by the Kentucky Horse\nPark;\n7. Agreements between the Department of Public Advocacy and attorneys\nfor the representation of indigent clients who are entitled to\nrepresentation under KRS Chapter 31 and who, by reason of conflict or\notherwise, cannot be represented by the department, subject to quarterly\nreports of all such agreements to the committee;\n8. Agreements between the Office of Kentucky Veterans' Centers and\nlicensed nurses and nurse aide s in order to provide critically needed\nlong-term care to Kentucky veterans who are residents in state veterans'\nnursing homes pursuant to KRS 40.325; or\n9. Any other contract that the committee deems inappropriate for\nconsideration;\n(i) \"Tax incentive agreement\" means an agreement executed under KRS 154.61 -\n030; and\n(j) \"Tourism Development Finance Authority\" means the authority established\nby KRS 148.850.\n(2) Compliance with the provisions of KRS 45A.690 to 45A.725 does not dispense\nwith the requirements o f any other law necessary to make the personal service\ncontract or memorandum of agreement valid.","path":["KRS Chapter 45A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54817","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:08Z","sha256":"bb9d111c5825305bbea786b3fbe47d3e800c795501593eea467bec1593ca1430","source_id":"us-ky","stale":false,"prev":"us-ky/krs-45a.685","next":"us-ky/krs-45a.695"},"notice":"GroundRules: Original legal text. Not legal advice."}
