|
|
|
|
|
|
|
|
|
|
|
|
552 LAWS OF MARYLAND Ch. 13
ANY FACILITIES AND PROPERTIES OWNED OR CONTROLLED BY
THE AUTHORITY MAY BE OPERATED BY THE AUTHORITY DIRECTLY
OR BY OTHERS PURSUANT TO CONTRACT OR LEASE AS THE BOARD
MAY DETERMINE.
52. THE OPERATING CONTRACT.
WITHOUT LIMITATION UPON THE RIGHT OF THE BOARD TO
PRESCRIBE SUCH ADDITIONAL TERMS AND PROVISIONS AS IT MAY
DEEM NECESSARY AND APPROPRIATE, THE OPERATING CONTRACT
SHALL:
(A) SPECIFY THE SERVICES AND FUNCTIONS TO BE
PERFORMED BY THE CONTRACTOR;
(8) PROVIDE THAT THE CONTRACTOR SHALL HIRE,
SUPERVISE AND CONTROL ALL PERSONNEL REQUIRED TO PERFORM
THE SERVICES AND FUNCTIONS ASSUMED BY IT UNDER THE
OPERATING CONTRACT AND THAT ALL SUCH PERSONNEL SHALL BE
EMPLOYEES OF THE CONTRACTOR AND NOT OF THE AUTHORITY;
(C) REQUIRE THE CONTRACTOR TO ASSUME THE
OBLIGATIONS OF THE LABOR CONTRACT OR CONTRACTS OF ANY
TRANSIT COMPANY WHICH MAY BE ACQUIRED BY THE AUTHORITY
AND ASSUME THE PENSION OBLIGATIONS OF ANY SUCH TRANSIT
COMPANY;
(D) REQUIRE THE CONTRACTOR TO COMPLY IN ALL
RESPECTS WITH THE LABOR POLICY SET FORTH IN ARTICLE XIV
OF THIS TITLE;
(E) PROVIDE THAT NO TRANSFER OF OWNERSHIP OF THE
CAPITAL STOCK, SECURITIES OR INTERESTS IN ANY CONTRACTOR,
WHOSE PRINCIPAL BUSINESS IS THE OPERATING CONTRACT, SHALL
BE MADE WITHOUT WRITTEN APPROVAL OF THE BOARD AND THE
CERTIFICATES OR OTHER INSTRUMENTS REPRESENTING SUCH
STOCK, SECURITIES OR INTERESTS SHALL CONTAIN A STATEMENT
OF THIS RESTRICTION;
(F) PROVIDE THAT THE BOARD SHALL HAVE THE SOLE
AUTHORITY TO DETERMINE THE RATES OR FARES TO BE CHARGED,
THE ROUTES TO BE OPERATED AND THE SERVICE TO BE
FURNISHED;
(G) SPECIFY THE OBLIGATIONS AND LIABILITIES WHICH
ARE TO HE ASSUMED BY THE CONTRACTOR AND THOSE WHICH ARE
TO BE THE RESPONSIBILITY OF THE AUTHORITY;
(ii) PROVIDE FOR AN ANNUAL AUDIT OF THE BOOKS AND
ACCOUNTS OF THE CONTRACTOR BY AN INDEPENDENT CERTIFIED
PUBLIC ACCOUNTANT TO BE SELECTED BY THE BOARD AND FOR
SUCH OTHER AUDITS, EXAMINATIONS AND INVESTIGATIONS OF THE
BOOKS AND RECORDS, PROCEDURES AND AFFAIRS OF THE
CONTRACTOR AT SUCH TIMES AND IN SUCH MANNER AS THE BOARD
SHALL REQUIRE, THE COST OF SUCH AUDITS, EXAMINATIONS AND
INVESTIGATIONS TO BE BORNE AS AGREED BY THE PARTIES IN
THE OPERATING CONTRACT; AND
|
|
|
|
|
|
|
|
|
|
|
|
 |
