Sec. 11B-74. Certification by Chief Administrative Officer.

   (a)   The Chief Administrative Officer may certify that the Director may solicit a service contract under this Article if the using department has:

      (1)   taken steps to consider alternatives to the service contract, including reorganization, reevaluation of service, and reevaluation of performance;

      (2)   consulted with the certified representative of public employees who will be adversely affected if the County enters into the service contract; and

      (3)   demonstrated, based on a cost comparison analysis, that the County will save, over the term of the contract, at least 25 percent of the value of the contract.

   (b)   The using department must compare at least the following items in its cost analysis:

      (1)   direct costs, including fringe benefits, and an assumption that the contractor will meet the wage requirements of Section 11B-33A for the employees who perform work under the contract;

      (2)   indirect overhead costs, including a proportional share of administrative salaries and benefits, rent, equipment costs, utilities, and materials; and

      (3)   any continuing or transitional costs directly related to contracting for the service, including unemployment compensation and the cost of transitional services.

   (c)   (1)   The using department must develop a plan of assistance for each public employee who will be adversely affected by the service contract. The plan of assistance must include:

         (A)   efforts to place each adversely affected public employee in a vacant County position;

         (B)   inclusion in the service contract, if feasible, of a requirement that the contractor must:

            (i)   notify the County of any vacant position for which displaced County employees may apply; and

            (ii)   consider hiring displaced public employees; and

         (C)   written notice of the anticipated adverse effect to each adversely affected public employee and the certified bargaining representative 120 days before the anticipated adverse effect will occur.

      (2)   The using department must bargain with the certified representative before adopting a final plan of assistance. (2006 L.M.C., ch. 28, § 1.)