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2007 Laws of Maryland
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Ch. 427
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(D) (1) THE EXECUTIVE DIRECTOR SECRETARY-TREASURER MAY
NOT CERTIFY THAT THE COMMISSION MAY SOLICIT A SERVICE CONTRACT HAS
COMPLIED WITH THE REQUIREMENTS OF THIS SECTION UNLESS THE
COMMISSION:
(I) HAS TAKEN STEPS TO CONSIDER ALTERNATIVES TO THE
SERVICE CONTRACT, INCLUDING REORGANIZATION, REEVALUATION OF
SERVICE, AND REEVALUATION OF PERFORMANCE;
(II) HAS CONSULTED WITH THE CERTIFIED
REPRESENTATIVE OF ANY COMMISSION EMPLOYEES WHO WILL BE ADVERSELY
AFFECTED IF THE COMMISSION ENTERS INTO THE SERVICE CONTRACT; AND
(III) HAS DEMONSTRATED, BASED ON A COST COMPARISON
ANALYSIS AND GOOD FAITH ESTIMATES, THAT THE COMMISSION WILL SAVE,
OVER THE TERM OF THE SERVICE CONTRACT, 25% OR MORE OF THE VALUE OF
THE SERVICE CONTRACT BY ENTERING INTO A SERVICE CONTRACT, AT LEAST
AN AMOUNT EQUAL TO THE LESSER OF $200,000 OR 20% OF THE ESTIMATED
NET PRESENT VALUE OF THE COST OF THE SERVICE CONTRACT.
(2) THE COMMISSION SHALL ESTIMATE AND COMPARE AT LEAST
THE FOLLOWING IN THE COST COMPARISON ANALYSIS:
(I) DIRECT COSTS, INCLUDING FRINGE BENEFITS AND THE
ASSUMPTION THAT THE CONTRACTOR WILL PAY EMPLOYEES WHO PERFORM
WORK UNDER THE SERVICE CONTRACT AT RATES COMPARABLE TO RATES IN
ANY EXISTING COLLECTIVE BARGAINING AGREEMENT THE LESSER OF THE
LABOR RATE ESTABLISHED AS THE COUNTY LIVING WAGE RATE FOR
MONTGOMERY COUNTY OR PRINCE GEORGE'S COUNTY;
(II) INDIRECT OVERHEAD COSTS, INCLUDING THE
PROPORTIONAL SHARE OF EXISTING ADMINISTRATIVE SALARIES AND
BENEFITS, RENT, EQUIPMENT, UTILITIES, MATERIALS PROPERLY
ALLOCABLE TO THE BARGAINING UNIT WORK OR SERVICE CONTRACT
ACCORDING TO GENERALLY ACCEPTED ACCOUNTING PRINCIPLES; AND
(III) ANY CONTINUING OR TRANSITIONAL COSTS THAT
WOULD BE DIRECTLY ASSOCIATED WITH CONTRACTING FOR THE SERVICES,
INCLUDING UNEMPLOYMENT COMPENSATION AND THE COSTS OF
TRANSITIONAL SERVICES.
(III) ANY COSTS ASSOCIATED WITH UNEMPLOYMENT
COMPENSATION OR OUTPLACEMENT ASSISTANCE FOR DISPLACED EMPLOYEES.
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- 2566 -
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