If after an award of a contract, it is determined that the solicitation or award is in violation of law, then:
(a) If the person awarded the contract has not acted fraudulently or in bad faith:
(i) the contract may be ratified and affirmed, provided it is determined that doing so is in the best interest of the County; or
(ii) the contract may be terminated and the person awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract prior to the termination.
(b) If the person awarded the contract has acted fraudulently or in bad faith:
(i) the contract may be declared null and void; or
(ii) the contract may be ratified and affirmed if such action is in the best interest of the County, without prejudice to the County’s right to such damages as may be appropriate.
(Ord. 3704, passed 6-17-2003)