Ordinance Pertaining To Leases Of County Property For Private Use; Amending Section 2-8.9 Of The Code Of Miami-Dade County, Florida; Providing For Payment Of Living Wage To Certain Hourly Employees Of Certain County Lessees; Providing Exceptions; Providin

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Whereas, The County Often Leases Valuable County Owned Land Or Property To Private Developers For Private Economic Activity; And Whereas, Employees Making The State 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 Governmental 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 Decision To Lease Property Is A Discretionary Function Of The County Which The County Exercises In Its Proprietary Capacity; And Whereas, A Lease Is A Written Agreement Between The County And A Lessee Supported By Valuable Consideration, And For The Mutual Benefit Of Both Parties, 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. * * * (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 Tiprelated 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) Services Performed By Employees Of County Lessees On County Property Services Of Hourly Employees Of Any Lessee, Or Any Contractor Or Subcontractor Of Such Lessee Offering Goods Or Services For Sale To The Public Pursuant To Any Lease Of County Owned Property, But Only To The Extent Such Employees Are Actually Employed At The Location Of Such Lease. For Purposes Of This Section, An Employee Shall Be Considered Actually Employed At Such Location If That Employee Spends More Than Half Of Their Working Hours Onsite At The Location Of The Lease, Or If The Employee Must Physically Report To The Location Of The Lease At The Beginning Or End Of The Working Day Or Both. This Sub-Section Does Not Apply To Leases Between The County And (1) Any Airline Offering Passenger Or Cargo Transportation Services, (2) Any Maritime Passenger Cruise Line, (2) Any Maritime Cargo Line, (3) Any Lease Appurtenant To Any Contract With A Contractor Providing Goods And Services To The County; (4) Any Lease To An Architect/Engineer Appurtenant To Any Ongoing County Construction Project, (5) Any Lease To A Construction Contractor Pursuant To Any Ongoing County Construction Contract, (6) Any Lease To A State Or Federal Entity, (7) A Lessee Leasing Any Property Owned Or Operated By The Public Health Trust, (8) A Community Based Organization, Or (9) Lessee Who Is Exempt From This Requirement Pursuant To Federal Or Florida Law. A Lessee 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) (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. * * * Section 3. 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 4. 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 5. 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.