Broward County Commission Regular Meeting

A. MOTION TO DISCUSS American Sales and Management Organization, LLC d/b/a Eulen America's ("Eulen's") compliance or noncompliance with the County's worker retention policy, which is a requirement under Eulen's Airline Service Provider Agreement.

ACTION:  (T-12:22 PM)  The Board discussed the County’s Worker Retention Policy, as well as requirements under Eulen’s Airline Service Provider Agreement.  The Board requested that all parties work together, in addition to Aviation Director Mark Gale bringing recommendations back to the Board. (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, 66 and 66(2) dated June 4, 2019, submitted at the request of Vice-Mayor Holness, and Yellow-Sheeted Additional Material, 66(3) submitted at the request of the Aviation Department.)

B. MOTION TO TERMINATE without cause the Airline Service Provider Agreement between Broward County and Eulen dated December 30, 2015.

ACTION:  (T-1:48 PM)  The Board deferred this item to the first meeting in August of 2019.  Refer to minutes for full discussion.)

VOTE: 8-0.  Commissioner Sharief was not present.

A. Permits a continued public discussion of this issue.

B. Permits the Board to consider terminating Eulen's Airline Service Provider Agreement.

A. Allows for continuation of the above-referenced discussion.

B. Permits formal Board direction regarding potential termination.

On December 30, 2015, Broward County and Eulen entered into an Airline Service Provider Agreement ("Agreement"), which authorizes Eulen to provide services under contracts with air carriers. Eulen was recently engaged by Delta Airlines to provide porter and wheelchair escort services, which services were previously provided for Delta Airlines by Bags, Inc. The Service Employees International Union ("SEIU") informed the County that some of the employees previously working for Bags, Inc., were not retained as employees of Eulen.

Currently, Eulen provides various services to Delta Airlines, Spirit Airlines, Air Canada, and Bahamas Air under the Agreement.

The Agreement and Section 26.41 of the Broward County Administrative Code require that service providers comply with an employee retention requirement. The provider must offer continued employment to the employees of the immediately preceding contractor for a period of forty-five (45) days, unless the contractor demonstrates to the County that such employees are unnecessary for the provision of services. Nothing prevents the successor firm from terminating employees for cause within the forty-five (45) day period. After the conclusion of the forty-five (45) day period, continued employment may be under the terms and conditions established by the successor firm. Section 3.2 of the Agreement provides that if the provider does not achieve compliance with the worker retention requirement within thirty (30) days after written notice, a written notice of termination may be provided by the Aviation Department.

At its May 21, 2019, meeting, the Board directed the Aviation Department Director to send Eulen a notice of noncompliance with the worker retention requirement. A copy of this notice is attached as Exhibit 1.

Apart from the termination provision specific to the worker retention requirement, the Agreement provides that it may be terminated with or without cause by the Board, the Director of Aviation, or the provider, upon not less than thirty (30) days' written notice.

This item enables further Board discussion of Eulen's compliance or noncompliance with the applicable employee retention requirement, and permits formal Board action regarding potential termination of the Agreement.

Alexander J. Williams, Jr., Senior Assistant County Attorney, (954) 359-6100