Ch. 441                                    2004 LAWS OF MARYLAND

(ii) A majority vote of the County Commissioners has declared to be
an emergency expenditure; provided that such a vote shall be a recorded vote taken at
a public meeting of the County Commissioners before providing for the expenditure.

(2) In any case where the expenditure is [$7,500] $10,000 or less in
amount, or which has been declared to be an emergency expenditure, the following
shall be in the discretion of the Cecil County Commissioners:

(i) The manner of providing for the expenditure, including whether
the work shall be done by contract or otherwise; and

(ii) If done by contract, the manner of letting the contract.

(c) [(1) Notwithstanding any other provision of law, in Cecil County a
particular contractor may not be awarded, during any 2-month period, more than a
total of $20,000 worth of contracts which are not competitively bid.

(2) The limitation established by this subsection does not apply to
emergency contracts. However, before the awarding of an emergency contract, a
majority of the County Commissioners shall have affirmed the existence of an
emergency. The vote of the Commissioners in declaring the emergency shall be
recorded in the minutes of the next public meeting of the Commissioners.

(d)] Any willful violation of this section is a misdemeanor punishable by a fine
of not more than $1,000.

[(e)] (D) (1) The County Commissioners of Cecil County may not enter into
any contract for the construction or repair of any bridge or road or the purchase or
lease of any road construction equipment or machinery except in accordance with the
provisions of this section.

(2)     A contract that is entered into in violation of the provisions of
subsection (a) of this section is void, unless:

(i) It is determined in a subsequent judicial review that good faith
has been shown by all parties; and

(ii) There has been substantial compliance with the provisions of
subsection (a) of this section.

(3)     If a contract is void under this subsection, the contractor shall be
compensated for costs actually incurred if the contractor:

(i) Acted in good faith;

(ii) Did not directly contribute to the violation; and

(iii) Did not have knowledge of the violation.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004. It shall remain in effect for a period of 2 years and, at the end of
September 30, 2006, with no further action required by the General Assembly, this
Act shall be abrogated and of no further force and effect.

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