Broward County Commission Regular Meeting


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AI-25492 58.       
Meeting Date: 12/05/2017  
Director's Name: George Tablack
Department: Finance & Administrative Services Division: Purchasing

Information
Requested Action
A. MOTION TO REJECT all proposals for Request for Proposals (RFP) No. R2114349P1, Group Prepaid Legal Insurance Services.

ACTION:  (T-12:42 PM)  Approved.  (Refer to minutes for full discussion.)  (See the Yellow-Sheeted Additional Material, dated Tuesday, December 5, 2017, submitted at the request of the Finance and Administrative Services Department.)
 
VOTE: 8-0.  Commissioner Geller was not present.

B. MOTION TO APPROVE extension of Agreement No. R1048101R1 for Group Prepaid Legal Insurance Services for the Human Resources Division, on a month-to-month basis not-to-exceed six months, to allow for the rebid and award of a new agreement.

ACTION:  (T-12:42 PM)  Approved.  (Refer to minutes for full discussion.)  (See the Yellow-Sheeted Additional Material, dated Tuesday, December 5, 2017, submitted at the request of the Finance and Administrative Services Department.)
 
VOTE: 8-0.  Commissioner Geller was not present.
Why Action is Necessary
A. In accordance with the Broward County Procurement Code, Section 21.84.h, Board approval is required to reject all proposals when a solicitation was approved by the Board.

B. In accordance with the Broward County Procurement Code, Section 21.43, a contract for supplies or services may be entered into for no more than five years without the express consent of the Board, and if there is a right or option in the agreement to extend.
What Action Accomplishes
A. Rejects all proposals for this project.

B. Provides for the continuation of the legal prepaid insurance services on a month-to-month basis for a minimum of six additional months, while the County pursues a competitive selection process for the most qualified firm.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE PURCHASING DIVISION AND THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT/HUMAN RESOURCES DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

Broward County (County) currently offers a legal insurance services plan to all employees. The Human Resources Division seeks to engage a certified legal expense insurance plan provider to offer a comprehensive legal insurance service Plan to its benefit-eligible employees, at affordable rates that will meet at a minimum the current plan design. Group Prepaid Legal Insurance has no fiscal impact to the County and is a voluntary plan that is 100% paid by enrolled plan participants.

On May 23, 2017 (Item No. 62), the Board approved the Request for Proposals (RFP) No. R114349P1, for Group Prepaid Legal Insurance Services and authorized the County Administrator to approve the final ranking of qualified firms and the Director of Purchasing to approve and execute a final agreement. Five firms submitted proposals in response to the RFP. Two firms notified the Purchasing Division in writing to withdraw their responses to the RFP. Cynanotary, LLC withdrew on July 7, 2017 (Exhibit 1), and Legal Access Consulting, LLC (d/b/a LegalEASE), (d/b/a Legal Access Companies) withdrew on July 19, 2017 (Exhibit 2).

On August 10, 2017, a Combination Initial and Final Evaluation Meeting was held. The meeting was reconvened on August 14, 2017 to allow the Evaluation Committee more time to review the three submittals. The Evaluation Committee determined that the three firms were both responsive and responsible to the requirements of the RFP. After presentations, evaluation and scoring, the Evaluation Committee named The Legal Plan, Inc. (d/b/a Preferred Legal Plan) as the first-ranked firm, U.S. Legal Services as the second-ranked firm, and Hyatt Legal Plans of Florida, a MetLife Company (d/b/a Hyatt Legal Plans) as the third-ranked firm. (Exhibit 3).

The Evaluation Committee's proposed recommendation of ranking was posted on the Purchasing Division website from August 16, 2017 through August 18, 2017, which provided an opportunity for any proposer or interested party to present any new or additional information regarding the responsibility of the proposers.

On August 18, 2017, an objection letter was received by the Director of Purchasing from U.S. Legal Services, Inc. through its legal representative, Becker & Poliakoff (Exhibit 4).

On September 6, 2017, a letter was received by the Director of Purchasing from LSN Partners representing Preferred Legal, the first-ranked firm responding to the objection letter submitted by Becker & Poliakoff for U.S. Legal Services (Exhibit 5).

On September 22, 2017, a supplemental letter was received by the Director of Purchasing from LSN Partners, on behalf of Preferred Legal, to address additional claims listed in the objection letter (Exhibit 6).

On October 2, 2017, a response letter to LSN Partners supplemental letter was received by the Director of Purchasing from Becker & Poliakoff legal counsel for Preferred Legal (Exhibit 7).

On October 27, 2017, the Human Resources Division (HR) notified the Director of Purchasing that the solicitation omitted specific criteria for the Evaluation Committee to score the responses based on the current plan design (Exhibit 8).

On November 27, 2017, another letter was received from LSN Partners on behalf of its client Preferred Legal (Exhibit 9).

The Current Agreement No. R1048101R1 for Group Prepaid Legal Insurance Services has a total term of five years ending on December 31, 2017. Per Article 3 - Term of Agreement, Section 3.2, Renewal - approval is requested to extend the term of the Agreement on a month-to-month basis for a maximum of six months to allow time for transition to a new vendor. This Agreement and the extension term has no fiscal impact to Broward County as premiums are voluntarily paid through enrolled plan participants.

The Office of Economic and Small Business Development did not establish a goal requirement for this project.

The Evaluation Committee consisted of:
Jacqueline Chapman, Purchasing Agent, Purchasing Division, Finance and Administrative Services Department (Chair and Non-Voting Member)
Gretchen Cassini, Assistant County Administrator, County Administration
Kimm Campbell, Director, Human Services Department
Mary McDonald, Acting Director, Human Resources Division, Finance and Administrative Services Department
Source of Additional Information
Brenda J. Billingsley, Director, Purchasing Division, (954) 357-6070

Fiscal Impact
Fiscal Impact/Cost Summary:
There is no fiscal impact to Broward County.

This requirement is funded in its entirety by voluntary enrollment of benefit-eligible plan participants.

Requisition No. HRS0000098
Attachments
Exhibit 1 - Cynanotary, LLC Withdrawal Notice
Exhibit 2 - LegalEase Withdrawal Notice
Exhibit 3 - Scoring Sheets and Tally
Exhibit 4 - Objection Letter - Becker & Poliakoff dated August 18, 2017
Exhibit 5 - Response to Objection Letter – LSN Partners dated September 6, 2017
Exhibit 6 - Supplemental Response Letter – LSN Partners dated September 22, 2017
Exhibit 7 - Response Letter to LSN Partners - Becker & Poliakoff dated October 2, 2017
Exhibit 8 - Human Resources Memo dated October 27, 2017
Exhibit 9 - Letter from LSN Partners dated November 27, 2017
Additional Material - Information


    

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