OPINIONS OF THE ATTORNEY GENERAL Department of Human Resources can enter into contract with a county board of health and, on the department’s part, the consideration given for the contract may be the

1975 Op. Att’y Gen. No. 75-22. Consideration given by county for contract may be rendering services to state which county would not otherwise be obligated to perform, or, if the county is already obligated to perform such services, some other consideration such as money may be substituted. 1975 Op. Att’y Gen. No. 75-22. Department of Human Resources may contract for mental retardation services with agencies that spend moneys received under those contracts for building improvements; provided, however, that public agencies may make per- manent improvements only on property to which the agencies hold fee simple title. 1977 Op. Att’y Gen. No. 77-81. Authority to give consideration. — Since counties and the department have authority to contract, it was self-evident that counties and the department have authority to give consideration for the contract since, pursuant to § 13-3-40, consideration was essential to a contract and a contract without consideration was unenforceable. 1975 Op. Att’y Gen. No. 75-22. Only limitation on power of the Department of Human Resources to contract would be that the purpose of any particular contract would have to come within the parameters of the grant of contracting power contained in the statute. 1975 Op. Att’y Gen. No. 75-22.