§ 17-3. Employment of private, nongovernmental organizations for performance of county purposes, functions.

(a)

Authority to enact. This section is enacted under the home rule powers of the board of county commissioners to ensure the health, safety and welfare of the citizens of the county.

(b)

Liberal construction. This section shall be liberally construed in order to effect the purposes of this section and to ensure the health, safety and welfare of the citizens and residents of the county.

(c)

Contracts authorized. By resolution, the board of county commissioners may, at its discretion, contract with any private, nongovernmental organization, whether nonprofit or otherwise, for the performance of valid county purposes and functions pursuant to F.S. § 125.01 including, but not limited to, providing hospitals, ambulance services, health and welfare programs, parks, preserves, playgrounds, recreation areas, libraries, museums, historical commissions and other recreational and cultural facilities and programs. The board of county commissioners may enter such contract by resolution wherein the board of county commissioners finds that the private, nongovernmental organization performs valid county functions and purposes in the course of its activity, and that the interests of citizens of the county are served by contracting the organization to perform those services on behalf of the board of county commissioners.

(d)

Payment for services. Payment for services performed under this section shall be as follows:

(1)

The board of county commissioners may pay, as consideration for services rendered, public monies, by lump sum or otherwise. Payments under this section may be either in advance or in arrears of services being rendered, as determined in the sound discretion of the board of county commissioners and as specified in the contract.

(2)

Notwithstanding paragraph (1) of this subsection, the board of county commissioners may contract under this section where the consideration to be paid for services rendered is compensation in kind, including goods and materials to be contributed or services to be rendered by the county.

(e)

Limitation on power to contract. The board of county commissioners shall not contract for services which do not serve a valid county purpose.

(f)

Annual reporting by contracting organizations. Any organization contracting with the county under the authority of this section shall, notwithstanding the terms of the individual contract, present both a detailed report of its annual activities, designating those activities of the organization to which county funds were applied, and a copy of the organization's annual audit report, certified by a certified public accountant licensed to do business in the state. Both reports shall be presented to the county by the organization within thirty (30) days of receipt by the organization of its annual audit report. Contracting organizations shall comply with this section for each audit year concurrent in whole or in part with the term of the contract under this section.

(Code 1965, § 1-42.1; Ord. No. 78-23, §§ 1—5, 7, 12-26-78)

State law reference

Powers of chartered counties, Fla. Const. art. VIII, § 1(g).

Charter reference

General powers of county, § 103.