Building and repairing bridges in Cecil County

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

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

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

    (b)    (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 repair of a bridge, specify the location where the bridge 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)    (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)    (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)    A person who willfully violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.


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