§ 12-532. Building and repairing roads in Cecil County

   (a) Competitive bids. -- Except as provided in subsection (c) of this section, Cecil County shall obtain the following by competitively bid contract awarded to the lowest responsive and responsible bidder:

   (1) the building or repair of a road; and

   (2) the purchase or lease of road or construction equipment or machinery.

(b) Advertisement. --

   (1) The governing body of Cecil County shall advertise for bids on a contract under subsection (a) of this section in at least one newspaper of general circulation in the county.

   (2) The advertisement shall:

      (i) appear at least once;

      (ii) appear at least 1 week, but not more than 30 days, before the final date for submitting bids;

      (iii) if the contract relates to building or repairing a road, set forth the place where the road is to be built or repaired;

      (iv) include a description of the goods or services required under the contract;

      (v) state that sealed bids for goods or services will be received until the date designated in the advertisement; and

      (vi) designate a date for the opening of the bids.

(c) Exceptions. --

   (1) Subsections (a) and (b) of this section do not apply to an expenditure that:

      (i) is $ 10,000 or less; or

      (ii) the governing body of Cecil County by a recorded majority vote taken at a public meeting declares to be an emergency expenditure.

   (2) For an expenditure under this subsection, the governing body may determine:

      (i) the manner of providing for the expenditure; and

      (ii) if the building or repair is by contract, the manner in which the contract is awarded.

(d) Limitations. --

   (1) A contract entered into in violation of subsection (a) or (b) of this section is void, unless:

      (i) a court determines in a judicial action that all parties acted in good faith; and

      (ii) the parties have substantially complied with the provisions of subsections (a) and (b) of this section.

   (2) If a contract is void under this subsection, the governing body of Cecil County shall compensate the contractor for costs actually incurred if the contractor:

      (i) acted in good faith;

      (ii) did not directly contribute to the violation; and

      (iii) did not know of the violation.

(e) Penalty. -- A person who willfully violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000.

HISTORY: An. Code 1957, art. 25, § 37A; 2013, ch. 119, § 2.