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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1990 

                        CHAPTER 389-H.F.No. 2156 
           An act relating to counties; regulating performance 
          bonds; amending Minnesota Statutes 1988, section 
          375.21, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 375.21, 
subdivision 1, is amended to read: 
    Subdivision 1.  When required by the dollar limitations of 
section 471.345, a contract for work or labor, or to purchase 
furniture, fixtures, or other property, or to construct or 
repair roads, bridges, or buildings shall be made by a county 
board only after advertising for bids or proposals in a 
qualified legal newspaper of the county.  For the purchase of 
property or for work and labor, two weeks published notice that 
proposals will be received, stating the time and place, shall be 
given.  For the construction or repair of roads, bridges, or 
buildings, three weeks published notice shall be given.  The 
notice shall state the time and place of awarding the contract 
and contain a brief description of the work.  Every contract 
shall be awarded to the lowest responsible bidder and duly 
executed in writing.  The person to whom it a contract is 
awarded for work or labor or for the construction or repair of 
roads, bridges, or buildings shall give a sufficient bond to the 
board for its faithful performance. If no satisfactory bid is 
received, the board may readvertise.  
    An advertised standard requirement price contract for 
supplies or services established by competitive bids may contain 
an escalation clause and may provide for a negotiated price 
increase or decrease.  The escalation or negotiated change shall 
be based upon a demonstrable industrywide or regional increase 
or decrease in the vendor's costs.  
    Every contract made without compliance with this section is 
void.  
    In case of an emergency arising from the destruction or 
impassability of roads or bridges by floods, rain or snow, or 
other casualty, or from the breaking or damaging of any property 
in the county, if the public health, safety, or welfare would 
suffer by delay, contracts for purchase or repairs may be made 
without advertising for bids, but in that case the action of the 
board shall be recorded in its official proceedings. 
    Presented to the governor March 30, 1990 
    Signed by the governor April 3, 1990, 8:40 p.m.