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<br />. <br /> <br />. <br /> <br />. <br /> <br />CASS COUNTY <br />COMMISSION POLICY MANUAL <br /> <br />SUBJECT: BID OPENING PROCEDURE (FOR COUNTY ROADS) <br /> <br />ADOPTED DATE: JANUARY 17, 2006 <br /> <br />8.10 <br /> <br />PAGE 1 OF 1 <br /> <br />NDCC 24-05-04. CONTRACTS TO BE ADVERTISED -- REQUIREMENTS FOR RENTAL <br />CONTRACTS. <br /> <br />"Any purchase of county road machinery and any rental contract or agreement for the use <br />of road machinery and other articles or any contract for highway improvement, except <br />necessary repairs for road machinery, which exceeds the sum of fifty thousand dollars <br />must be advertised as provided by law for the purchase of county supplies. The board of <br />county commissioners may not enter into a rental contract or agreement for the use of road <br />machinery and other articles for a longer period than twelve months from the date of the <br />rental contract or agree to pay rental for the use of road machinery and other articles which <br />would result in the lessor receiving rental at a rate in excess of twenty percent per year of <br />the cash sale price of the road machinery or other articles, which cash sale price of the <br />road machinery and other articles must be clearly set forth in any rental contract for road <br />machinery and other articles, and failure to include this data in any rental contract for the <br />use of road machinery and other articles renders the rental contract void, and any <br />payments made under the rental contract are recoverable from the county commissioners <br />making the contract, jointly and severally. Notwithstanding the provisions of this section <br />relating to the duration of rental contracts, the board of county commissioners may enter <br />into lease-purchase agreements under which the annual payments by the county do not <br />exceed twenty thousand dollars for the road machinery and articles covered by this section, <br />if those agreements provide for the complete performance and full payment of the <br />purchase price of the machinery or articles within five years from the date of the execution <br />of the lease-purchase agreement according to section 44-08-01.1." <br /> <br />NOTE: THE NORTH DAKOTA ATTORNEY GENERAL'S OFFICE HAS COMPILED A <br />"CONTRACT DRAFTING AND REVIEW MANUAL" WHICH SETS FORTH GENERAL <br />PRINCIPLES APPLICABLE TO COUNTY CONTRACTS REQUIRING COMPETITIVE <br />BIDDING. THE MANUAL IS AVAILABLE ON THE ATTORNEY GENERAL'S WEBSITE. <br /> <br />ADDENDUM: NOTWITHSTANDING STATE LAW REQUIREMENTS LISTED ABOVE, <br />INFORMAL BIDDING IS ALLOWED FOR THE PURCHASE OF COUNTY ROAD <br />MACHINERY AND OTHER ARTICLES, OR ANY CONTRACT FOR HIGHWAY <br />IMPROVEMENT, WHICH IS FIFTY THOUSAND DOLLARS AND UNDER. <br /> <br />HISTORICAL REFERENCE DATE: <br /> <br />MAY 4,1992 <br />