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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
(e)
(f)
(g)
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;
"Motion picture or entertainment production" means the same as defined
in KRS 148.542;
"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;
"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 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; or
7.
(2)
Any other contract that the committee deems inappropriate for
consideration;
(h) "Tax incentive agreement" means an agreement executed under KRS
148.546; and
(i) "Tourism Development Finance Authority" means the authority
established by KRS 148.850.
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.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 151, sec. 6, effective July 12, 2012. -Amended 2010 Ky. Acts ch. 55, sec. 3, effective April 5, 2010. -- Amended 2009
(1st Extra. Sess.) Ky. Acts ch. 1, sec. 48, effective June 26, 2009. -- Amended
2005 Ky. Acts ch. 99, sec. 107, effective June 20, 2005. -- Amended 1998 Ky.
Acts ch. 486, sec. 2, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 496,
sec. 14, effective July 13, 1990.
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