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ORDINANCE RELATING TO CONCESSIONS AT MIAMI INTERNATIONAL AIRPORT; AMENDING SECTION 2-8.9 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING THE PAYMENT OF LIVING WAGE BY CERTAIN CONCESSIONAIRES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEMS UNDER FILE NOS. 181628, 181726]

BODY
WHEREAS, employees earning the State of Florida minimum wage are under tremendous financial pressure in Miami-Dade County; and
WHEREAS, employees making the state minimum wage are likely unable to afford to own a home, and are likely to spend a disproportionate share of their income on rent; and
WHEREAS, employees who make the state minimum wage are more likely to need government assistance and to make use of government services; and
WHEREAS, County-owned land and property should be used to promote business activities that drive broad based prosperity throughout all communities of the County; and
WHEREAS, the Miami-Dade Aviation Department leases property to concessionaires, who sell goods and services to travelers; and
WHEREAS, the sale of such goods and services is for the benefit of the County, as travelers expect goods and services, inclusive of food and beverages, to be available while traveling; and
WHEREAS, the decision to contract with a concessionaire is a discretionary function of the County which the County exercises in its proprietary capacity; and

WHEREAS, concessionaires at Miami International Airport earn substantial returns, given their ability to sell to travelers,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The above whereas clauses are deemed findings of fact and are incorporated herein.
Section 2. Section 2-8.9 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-8.9. Living Wage Ordinance for County service contracts and County employees.

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(F) Covered services are any one (1) of the following:
(1) County service contracts. Contracts awarded by the County that involve a total contract value of over one hundred thousand dollars ($100,000.00) per year for the following services:
(i) Food preparation and/or distribution;
(ii) Security services;
(iii) Routine maintenance services such as custodial, cleaning, refuse removal, repair, refinishing, and recycling;
(iv) Clerical or other non-supervisory office work, whether temporary or permanent;
(v) Transportation and parking services including airport and seaport services;
(vi) Printing and reproduction services; and,
(vii) Landscaping, lawn, and/or agricultural services.
(2) Service Contractors at Aviation Department Facilities. Any service that is provided by a Service Contractor at a Miami-Dade County Aviation Department Facility is a covered service without reference to any contract value:
(A) Ramp Service: Guiding aircraft in and out of Airport; aircraft loading and unloading positions, designated by the Aviation Department; placing in position and operating passenger, baggage and cargo loading and unloading devices, as required for the safe and efficient loading and unloading of passengers, baggage and cargo to and from aircraft; performing such loading and unloading; providing aircraft utility services, such as air start and cabin air; fueling; catering; towing aircraft; cleaning of aircraft; delivering cargo, baggage and mail to and from aircraft to and from locations at any Miami-Dade County Aviation Department facility; and providing such other ramp services approved in writing by the Aviation Department;
(B) Porter Assistance Services: Handling and transportation through the use of porters, or other means, of baggage and other articles of the passengers of contracting air carriers or aircraft operators, upon request of the passenger, in public access areas of the Airport Terminal Complex. The Living Wage shall not apply to employees performing tip related porter assistance services, including curbside check-in;

(C) Passenger Services: Preparing such clearance documents for the baggage and cargo of aircraft passengers, as may be required by all governmental agencies; furnishing linguists for the assistance of foreign-speaking passengers; passenger information assistance; arranging in-flight meals for departing aircraft with persons or companies authorized by the Department to provide such meals; and providing assistance to handicapped passengers;
(D) Dispatching and Communications Services: Providing ground to aircraft radio communication service; issuing flight clearances; sending and receiving standard arrival, departure and flight plan messages with appropriate distribution of received messages; providing standby radio flight watch for aircraft in flight; and calculation of fuel loads and take-off and landing weights for aircraft;
(E) Meteorological Navigation Services: Providing information based on the analysis and interpretation of weather charts; planning aircraft flights in accordance with the latest accepted techniques; providing appropriate prognostic weather charts; and generally providing information appropriate for enroute aerial navigation;
(F) Ticket Counter and Operations Space Service: The operation of ticket counter and airlines' operations space; ticket checking, sales and processing; weighing of baggage; operation of an information, general traffic operations and communications office for air carriers and aircraft operators with whom the Service Contractor has contracted to supply such services;
(G) Janitorial Services;

(H) Delayed Baggage Services;
(I) Security Services unless provided by federal government or pursuant to a federal government contract; and,
(J) Any other type of service that a GASP permittee is authorized to perform at any Miami-Dade County Aviation Department Facility will be considered a Covered Service, regardless of whether the service is performed by a GASP permittee or other Service Contractor.
(K) In-warehouse cargo handling.
>>(3) Concessionaires at Miami International Airport. All services of all employees employed at Miami-International Airport by a concessionaire, and all services of all subcontractors of such concessionaire providing services at Miami International Airport. For the purposes of this section, a concessionaire shall mean an entity that is authorized by contract, permit, lease, or other legal instrument supported by mutual consideration to offer goods, food, beverages, or services for sale to ticketed passengers inside Miami International Airport concourses or terminals. Notwithstanding the preceding, this subsection does not apply to employees of any airline or any entity that is exempt from the requirements of this subsection pursuant to state or federal law. A concessionaire who is otherwise exempt under this subsection may still be required to provide a living wage to its employees if it engages in activities covered in sections 2-8.9(F)(1) and 2-8.9(F)(2).<<
[[(3)]]>>(4)<< Services performed by county employees. Should any services that are being performed by County employees at the time the ordinance from which this section derives was enacted be solicited in the future by the County to be performed by a service contractor, such services shall be covered services subject to this section regardless of the value of the contract.


Living Wage.
(A) Living wage paid.
(1) Service contractors.�All service contractors as defined by this Chapter, performing covered services shall pay to all of its employees providing covered services, the current Living Wage rate of $12.63 per hour with a qualifying Health Benefit Plan valued at no less than $2.89 per hour per employee and $15.52 per hour if no qualifying Health Benefit Plan is provided by the Service Contractor, applicable to the time when the covered service is performed as that rate is adjusted each fiscal year in the manner provided for herein for the adjustment of the Living Wage rate. >>An employee of a Concessionaire who receives some portion of their wages in the form of tips or gratuities may be paid a wage less than the Living Wage specified herein, so long as the combination of direct wages paid to such employee plus tips or gratuities equals or exceeds, the Living Wage provided for herein. For purposes of evaluating the wage paid to tipped employees, the terms employer, employee, direct wage, tips and gratuity shall have the same meaning as in the Federal Fair Labor Standards Act and its implementing regulations.<<

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Section 3. This ordinance shall not apply to concession agreements entered into prior to its effective date, and nothing herein shall limit the authority of the County Mayor or the County Mayor�s designee with respect to any options to renew incorporated into any agreement currently in effect. The County Mayor or County Mayor�s designee shall not recommend to this Board any additional time extension for any existing concession agreement except in accordance with Resolution No. R-391-17.
Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 6. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.