(a) 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) (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) (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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