PLACEMENT: Departmental
TITLE:
title
REQUEST FOR APPROVAL OF A CONTRACT WITH HUDSON PROTECTIVE ENTERPRISES TO PATROL COUNTY CONSERVATION LANDS
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EXECUTIVE SUMMARY:
executive summary
The County is seeking to contract with Hudson Protective Enterprises to enhance law enforcement presence and security measures on County conservation areas. Hudson Protective Enterprises is a private company comprised of off-duty Florida Fish and Wildlife Conservation Commission (FFWCC) Officers which primarily provides law enforcement protection for agencies, organizations, and the public. The purpose of this item is request that the Board approve the contract with Hudson Protective Enterprises without the requirement that the company provide Workman’s Compensation insurance coverage and reducing the Commercial Auto liability insurance from $1,000,000 to $200,000/$300,000 in accordance with the County’s Sovereign Immunity cap.
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DEPARTMENT: Public Works
PREPARED BY: Name: Michael Yustin
Title: Senior Project Manager
REQUESTED BY: Martin County Public Works Department
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Agreement/Contract drafted by: County Attorney’s Office.
2. Parties to the Agreement/Contract: Hudson Protective Enterprises and Martin County Board of County Commissioners.
3. Purpose of the Agreement/Contract: Law enforcement presence and security on County conservation areas.
4. New/Renewal/Modified: New.
5. Duration: Three years plus two 1-year renewal options (not to exceed 5 years.
6. Benefits to Martin County: Increased law enforcement presence and security on County conservation areas.
7. Cost to Martin County: $75/hour (five hour minimum), not to exceed $200,000.
An ongoing challenge of the Martin County Environmental Resource Division is protecting Environmentally Sensitive Lands from illegal activities that degrade the conservation values of those areas. This includes destruction of wetland areas from off-road vehicles, the construction of illegal and/or unpermitted structures in natural areas, poaching, picking saw palmetto berries, etc. Not only are these activities degrading County lands, but they represent a liability risk. The current level of law enforcement protection provided by the Martin County Sheriff’s Office is not sufficient to meet the needs of protecting these lands that are spread throughout the County. Martin County staff has been consulting with a private company, Hudson Protective Enterprises, which is staffed with off-duty FFWCC law enforcement officers. It is important to note that as soon as an enforcement action occurs the officers will no longer be serving as employees of Hudson Protective Enterprises but will immediately become “active” duty FFWCC officers.
ISSUES:
A primary concern with contracting with this company is the lack of Workers' Compensation insurance coverage for their officers as they are all 1099 independent contractors. Worker’s Compensation coverage is a standard requirement for all County contracts. Staff is requesting that the Board of County Commissioners (BOCC) approve the contract without requiring that the company provide Workman’s Comp insurance coverage and reducing the Commercial Auto liability insurance from $1,000,000 to $200,000/$300,000 in accordance with the County’s Sovereign Immunity cap. The contract has been reviewed by the County Attorney’s Office and the Purchasing Division for compliance.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve Hudson Protective Enterprises contract without requiring the Workman’s Comp insurance and reduced Commercial Auto liability insurance in the amount of $200,000 (per person)/$300,000 (per incident).
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.