Ordinance 016-1979
ORDINANCE NO. 16-1979
AN ORDINANCE RELATING TO CONTRACTS BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY AND PRIVATE, NON-GOVERNMENTAL ORGAINZA-
TrONS FOR THE PERFORMANCE OF SERVICES; PROVIDING
AUTHORITY FOR SUCH CONTRACTS; PROVIDING THE
PROCEDURE FOR ENTERING SUCH CONTRACTS; PROVIDING
FOR CONSIDERATION TO BE RENDERED BY THE BOARD OF
COUNTY COMMISSIONERS;PROHIBITING EXPENDITURES
FOR SERVICES WHICH ARE NOT VALID COUNTY PURPOSES;
PROVIDING REPORTING AND AUDITING REQUIREMENTS;
PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the County has the power under Florida Statutes
Chapter 125 to provide hospitals, amublance services, health and
welfare programs, parks, preserves, playgrounds, recreation areas,
libraries, museums, historical commissions, and other recreational
and cu11cural facilities and programs; and
WHEREAS, the County has all implied powers necessary or
incidenlc to this power, including the power to expend funds and
enter into contractual obigations; and
WHEREAS, from time to time the Board of County Commissioners
finds that a private, non-governmental organization performs func-
tions which are valid, county purposes; and
WHEREAS, the Board finds from time to time that the interests
of the citizens of Monroe County are better served by contracting
a privai:e, non-governmental organization to perform such services;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. This ordinance is enacted under the home rule
powers of the Board of County Commissioners of Monroe County to
ensure t:he health, safety and welfare of the citizens of Monroe
County.
SECTION 2. By resolution, the Board of County Commissioners
of Monroe County may, at its discretion, contract with any private,
non-governmental organization, whether non-profit or otherwise, for
the performance of valid county purposes and functions pursuant
APPROVED ON
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to Florida Statutes, Section 125.01, including but not limited
to providing hospitals, amublance services, health and welfare
programs, parks, preserves, playgrounds, recreation areas, lib-
raries, musemus, historical commissions, and other receational
and cul.tural facilities and programs.
The Board may enter such contract by resolution wherein
the Board finds that the private, non-governmental organization
performs valid county functions and purposes in the course of its
activity, and that the interests of citizens of Monroe County
are served by contracting the organization to perform those
services in behalf of the Board of County Commissioners.
SECTION 3.
(1) The Board 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 subsection (1) of this section, the
Board may contract under this ordinance 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
the the County.
SECTION 4. The Board of County Commissioners shall not
contract: for services which do not serve a valid comty purpose.
SECTION 5. Any orgainzation contracting with the County
under the authority of this ordinance 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 of Florida.
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Both reports shall be presented to Monroe County by the organiza-
tion within thirty (30) days of receipt by the organization of
its ann.ual 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 ordinance.
SECTION 6. This ordinance shall be liberally construed
in order to effect the purposes of this ordinance and to
ensure the health, safety and weJfare of the citizens and
residents of Monroe County.
SECTION 7. If any part of this ordinance is held
invalid or unconstitutional by any court of law, the Board
of Coun.ty Commissioners intends that the remaining portions
continue in full force and effect.
SECTION 8. This ordinance shall take effect when
the Board of County Commissioners has received notification
from the Secretary of State that this ordinance has been
filed pursuant to law.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, this
31st
day of July
1979.
I HEREBY CERTLFY that tLi;,; c'0cumont
has befn reviewed for legal su:fi.
ciency and that the Same meet~ wittl
my approval.
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" Attorney's Office
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STAiE OF FLcnlDA
THE. CAPITOL
TALLAHASSEE 32304
GEORGE FIRESTONE
BETTY CASTOR
Director, Division of Ele(;tions
904/488.7690
SECRETARY OF" STATE
August 10, 1979
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
,Pursuant to the provisions of Section 125.66, Florida
,Statutes, this will acknowledge:
Y1:
Receipt of your letter/s of
and certified copy/ies of
County Ordinance/s No./s
August 7, 1 g7g
Monro",
79-15. 79-10. 7g-17
& 79-18
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V:2.
We have filed this/these Ordinance/s in this office
August 10, 1979
3.
Receipt of an origina1/s and certified copy/ies of
County Ordinance/s No./s
.4.
Receipt of
relative to
County Ordinance/s
5",-- We<-ha ve-.numbered-.this /t hese-Ordinancejs---..._..
and was/were
in this office 1979.
6. The original/duplicate copy/ies showing filing date
is/are being returned for your records.
filed
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(11rs.) N~ncy Kavanaugh
(Chief, Bureau of Laws
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that
on Tuesday, July 17, 1979, at 10:00 a.m. at the Islamorada
Fire Department Building, Is1amorada, Florida, and on Tuesday,
July 31, 1979, at 10:00 a.m. at the Marathon Branch Court-
House, Marathon, Florida, the Board of County Commissioners
of Monroe County, Florida, intends to consider the adoption
of the following County Ordinance:
ORDINANCE NO.
-1979
AN ORDINANCE RELATING TO CONTRACTS BETWEEN THE
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
AND PRIVATE, NON-GOVERNMENTAL ORGANIZATIONS FOR
THE PERFORMANCE OF SERVICES; PROVIDING AUTHORITY
FOR SUCH CONTRACTS; PROVIDING THE PROCEDURE FOR
ENTERING SUCH CONTRACTS; PROVIDING FOR CONSIDER-
ATION TO BE RENDERED BY THE BOARD OF COUNTY
COMMISSIONERS; PROHIBITING EXPENDITURES FOR
SERVICES WHICH ARE NOT VALID COUNTY PURPOSES;
PROVIDING FOR LIBERTAL CONSTRUCTION; PROVIDING
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
DATED at Key West, Florida, this 22nd day of May, 1979.
RALPH W. WHITE
Clerk of the Circuit Court of
Monroe County, Florida, and
ex officio Clerk of the-Board
of County Commissioners of
Monroe County, Florida
(SEAL)
Publish: May 30, 1979
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PROOF OF PUBLICATION '
MIT3.1(tHi r ittze
• Published Daily
.. . Key West, Monroe County, Florida '
STATE OF FLORIDA)
COUNTY OF MONROE) ss• .
�. I f re e undersigned authority personally appeared •
1 0�._I•.I•er.b ... , who on oath says that he is
['1�V of The Key West Citizen, a
dailynewspaper ublisbe i.a y West in Monroe Count - Florida -that
PP P Y Y> > .
the
V /aaIWre, nc a col,);(/1o�ff a v/eA,�r i /e/�me/n�/t�, be ng / �y��,� _1 .1s;
ict Coo, ►{ W„ .'1 �6 Or 1,2,,z, NOT011SOFER ADOPTOION
I •OF COUNTY OR• -rA C-,
• in t}}}},,,,e matter facb NOTICE IS HEREBY GIdEN TO'-
A.) 10 e Q( E WHOM IT MAY CONCERN that Okiln
,{//pl/J� mL Tuesday,July 17,1979,at 10;00 a.m at
'✓ .the i g, orada F Department
• ..Building, Islamorada,. Florida, and on
•
Tuesday,July 31,1979,at 10:00 a.m.-at
the Marathon Branch Courthouse,
Marathon,Florida;the Board of County
• I Commissioners of Monroe County,
i Florida,intends to corsider the adoption
of the following County Ordinance: •
ORDINANCE NO. 4979',
• AN OR-DINANCE RELATING ..TO
CONTRACTS BETWEEN THE BOARD
OF.COUNTY ,COMMISSIONERS OF
• . MONROE COUNTY AND PRIVATE,
NON•IGOVERNMENTAL
ORGANIZATIONS FOR THE PER-.
'FORMANCE OF SERVICES;:
PROVIDING AUTHORITY FOR SUCH
d CONTRACTS; PROVIDING THE
• PROCEDURE.FOR ENTERING SUCH
CONTRACTS; PROVIDING FOR
CONS DERATION TO BE RENDERED
BY•THE BOARD OF COUNTY COM-
MISSIONERS; PROHIBITING EX-
PENDITURES
FOR ,,SERVICES-,
' WHICH ARE NOT VALID COUNTY
• PURPOSES; PROVIDING. FOR, •
• LIBERTAL- CONSTRUCTION;
PROVIDNG SEVERABILITY; AND.
. - • PROVIDING AN EFFECTIVE DATE,
c DATED at Key West, Florida, this
May,
. 22nd day of 1979.
•RALPH W.WHITE
• •
Clerkof the Circuit Court of
. was published in said newspaper in the issues of • Monroe County,Florida,and ex officio
Clerkof the Board.
31 ' !YOMay 31,1979.of County Commissioners of
A�_ l Monroe County,Florida
'r►wy •
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•
• Affiant further says that the said The Key West Citizen is a.
newspaper published at Key West, in:said Monroe County, Florida, and
that the. said newspaper has heretofore :been continuously published
in said Monroe County, Florida, each day (except Saturdays) and has
been entered as second•'class mail matter at the post office in Key
West, in said' Monroe 'County, Florida, for a period of one year next
preceeding the-first publication of the attached copy of.advertise--
ment; and affiant further says that he has neither paid nor promised
. any person, firm or corporation any discount, rebate, commission or
•
refund for the .purpose of securing this advertisement .for publication
in the said newspaper.' •
-Flo':+a �,il 1
1 l e,vs
114.
(SEAL) fy CcAc=r '' ✓�,:i1:,rz� _s• •
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Sworn to a subscribed before me this •
day of . . • . . . .•, A,D. 1976
1IR
(. U.u:A.., (2.t/J 'f'1 ) k I Vi I
;ss\:'ad~ttt! of ~t(1tc
STATE OF FLORIDA
THE CAPITOL
TALLAH/l.55EE 32304
SECRETARY OF' STATE
BETTY CASTOR
Director, Division 01 Elections
904/488-7690
GEORGE FIRESTONE
August 10, 1979
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
/1.
Receipt of your letter/s of
and certified copy/ies of
County Ordinance/s No./s
August 7. l'j79
Monro",
79-15. 79-ln. 79-17
& 79-18
~/"
f.. .2.
We have filed this/these Ordinance/s in this office
August 10, 1979
3.
Receipt of an original/s and certified copy/ies of
County Ordinance/s No./s
.4.
Receipt of
relative to
County Ordinance/s
5. ,. ..._We,hav~,.numbeFed-thi.s/these Ordinance/s
and was/were filed
in this office 1979.
6. The original/duplicate copy/ies showing filing date
is/are being returned for your records.
NK/mb
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