2013-28420 Reso RESOLUTION NO: 2013-28420
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND CONSENTING
TO AN ASSIGNMENT OF THE EXISTING AGREEMENT FOR
INVESTIGATIVE AND ADJUSTING SERVICES FOR SELECTED TORT
LIABILITY AND WORKERS' COMPENSATION CLAIMS ON AN "AS
NEEDED" BASIS BETWEEN THE CITY AND HORIZON
INVESTIGATIONS, INC. ("HORIZON") (AS ASSIGNOR), TO PROVEN
INVESTIGATION, L.L.C. ("PROVEN") (AS ASSIGNEE), WITH SUCH
APPROVAL AND CONSENT EFFECTIVE UPON EXCUTION OF
ASSIGNMENT BY THE MAYOR AND CITY CLERK.
WHEREAS, on June 1, 2011,pursuant to Resolution No. 2011-27664, the City
entered into a Professional Services Agreement with Horizon investigations, Inc.
("Horizon or Assignor"), for investigative (surveillance related) and adjusting services for
selected tort liability and workers' compensation claims on an "as needed" basis
("Agreement"); and
WHEREAS, Horizon wishes to assign the Agreement to Proven Investigations,
L.L.C. ("Proven" or"Assignee"); and
WHEREAS, the principal of Proven was the primary contact with the City while at
Horizon Investigation, Inc., and the City wishes to continue contracting for his services;
and
WHEREAS, pursuant to terms of the Agreement, an assignment requires the
consent of the Mayor and City Commission; and
WHEREAS, the Administration has exercised its due diligence on Proven, the
proposed Assignee, and recommends that the Mayor and City Commission approve and
consent to the assignment from Horizon to Proven, and authorize the Mayor and City
Clerk to execute the attached Consent to Assignment of the Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
Mayor and City Commission hereby approve and consent to an assignment of the
existing Agreement for Investigative and Adjusting Services for Selected Tort Liability
and Workers' Compensation Claims on an "As Needed" Basis between the City and
Horizon Investigations, Inc., to Proven Investigations, L.L.C.; with such approval and
consent effective upon execution of the attached Consent to Assignment by the Mayor
and City Clerk.
PASSED and ADOPTED this ay of 6UIIW�2013.
ATTEST:
By: ED AS TO
City CI k � •••,��� y ���/ 1&-rlfeFORM & LANGUAGE
Rafael Granado INC C r?� Cl3 � &FOR CUTION
A TED.
�N
�- . �F 1AA i At rn �, Date
CONSENT TO ASSIGNMENT
AND
FIRST AMENDMENT
TO THE AGREEMENT FOR INVESTIGATIVE AND ADJUSTING SERVICES FOR
SELECTED TORT LIABILITY AND WORKERS' COMPENSATION CLAIMS ON AN
"AS NEEDED" BASIS, (CONTRACT NO. 16-10/11)
The Consent to Assignment and First Amendment to Agreement is entered into
this day of , 2013 ("Effective Date"), by and among the
CITY OF MIAMI BEACH (the "City"), a Florida municipal corporation, whose address is
1700 Convention Center Drive, Miami Beach, Florida 33139; HORIZON
INVESTIGATIONS, INC. ("Assignor"), a Florida corporation, whose principal address is
5595 Orange Drive, Suite 202, Davie, Florida 33314, and PROVEN INVESTIGATIONS,
L.L.C. ("Assignee"), a Florida limited liability company, whose principal address is 1008
Maldonado Drive, Pensacola Beach, Florida 32561.
WITNESSETH:
WHEREAS, on June 1, 2011, pursuant to Resolution No. 2011-27664, the City
entered into a Professional Services Agreement with Horizon investigations, Inc.
("Horizon"), for investigative (surveillance related) and adjusting services for selected tort
liability and workers' compensation claims on an "as needed" basis ("Agreement"); and
WHEREAS, Assignor wishes to assign the Agreement to Assignee; and
WHEREAS, pursuant to the Agreement, assignment of the Agreement requires
the written consent of the Mayor and City Commission; and
WHEREAS, the City Administration has exercised its due diligence on the
proposed Assignee and recommends said assignment; and
WHEREAS, Assignee will assume all of the Agreement obligations and
responsibilities of Assignor under the Agreement; and
WHEREAS, the foregoing Consent to Assignment and First Amendment to the
Agreement, shall have an effective date as of the Effective Date (as defined above),
and remain in effect throughout the remainder of the Term of the Agreement.
NOW, THEREFORE, the City, Assignor, and Assignee, for and in consideration
of the mutual covenants, agreements and undertakings herein contained, do by these
presents mutually covenant and agree to assign and amend the Agreement, as follows:
1. The City of Miami Beach, Florida hereby consents to the assignment of
the Agreement, from Horizon Investigations, Inc. (also referred to as the
Assignor), to Proven Investigations, L.L.C. (also referred to as Assignee).
Assignor and Assignee hereby acknowledge and agree to said
assignment, and Assignee further agrees to be bound by the terms and
conditions of the Agreement, as amended by this Consent to Assignment
and First Amendment; all as further evidenced by the parties' execution of
the Consent to Assignment, attached hereto and incorporated herein as
Exhibit "A".
1
2. Assignee shall agree to furnish to the City's Risk Manager, Certificates of
Insurance or endorsements evidencing the insurance coverage specified
in the Agreement.
3. Section 4.15, entitled "Notices", on page 7 of the Agreement, shall be
amended, in part (deleted items StFUGk thFeugh and inserted items
underlined), to reflect the new Contractor's contact information as follows:
TO CONTRACTOR: uGF4Z„r Inver a+;GR6 I-mrc
A t+, e-S S. Gowled ic"
PC) Box 560103 -
CT Lauderdale, F l e Fivrrda 333-551
954 6296595
Proven Investigations, L.L.C.
Attn: Lee S. Goldwich, Managing Member
1008 Maldonado Drive
Pensacola Beach, Florida 32561
954-252-6669
4. Except as otherwise specifically amended herein, all other terms and
conditions of the Agreement, shall remain in full force and effect. In the
event there is a conflict between the terms provided herein and the
Agreement, the provisions of this Assignment and First Amendment shall
govern.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Consent to Assignment and First Amendment
2
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: -
City Clerk Mayor
Rafael Granado
FOR CONTRACTOR:
ATTEST: ASSIGNOR/
HORIZON INVESTIGATIONS, INC.:
By:
Secretary President
Print Name Print Name
ASSIGNEE/
WITNESS: PROVEN INVESTIGATIONS, L.L.C.:
Managing Member
Print Name Print Name
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
f
'Ci tto e _
Date
Consent to Assignment and First Amendment
3
EXHIBIT A
CONSENT TO ASSIGNMENT
INVESTIGATIVE AND ADJUSTING SERVICES FOR
SELECTED TORT LIABILITY AND WORKERS' COMPENSATION CLAIMS
ON AN "AS NEEDED" BASIS, CONTRACT NO. 16-10/11
This Consent to Assignment is being entered into this day of
, 2013 ("Effective Date"), by and between Horizon Investigations,
Inc. ("Assignor"), a Florida corporation, whose principal address is 5595 Orange Drive,
Suite 202, Davie, Florida 33314, and Proven Investigations, L.L.C. ("Assignee"), a
Florida limited liability company whose principal address is 1008 Maldonado Drive,
Pensacola Beach, Florida, 32561.
WITNESSETH, that for valuable consideration in hand paid by the Assignee to the
Assignor, receipt of which is hereby acknowledged, the Assignor hereby assigns and
transfers to the Assignee, and Assignee hereby accepts, all of its right, title and interest
in and to the following described agreements:
1. Assignee agrees to be bound and shall comply with all legal terms and
conditions, and responsibilities outlined in the Assignor's Professional
Services Agreement with City (Contract No. 16-10/11).
2. Assignee shall agree to honor and maintain all required warranties and
responsibilities for all previously completed projects by Assignor; and any
ongoing project that the Assignor has with the City, as of the effective
date of this Consent to Assignment.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties hereto have executed this Assignment on
the day and year first above written.
HORIZON INVESTIGATIONS, INC. (Assignor)
By
President/ Signature Date
Print Name
ATTEST:
Secretary/ Signature
Print Name
PROVEN INVESTIGATIONS, L.L.C. (Assignee)
By
Managing Member/ Signature Date
Print Name
WITNESS:
Signature
Print Name
Exhibit A
2
ATTACHMENT A
° Horizon Investigations, Inc.
PO Box 550103
Fort Lauderdale,FL 33355
Toh (954)986-9408
Fax: (954)986-9409
September 26, 2013
Mr. Alex Denis
Procurement Director
Dept of Procurement Management
1700 Convention Center Drive
Miami Beach, FL 33139
Re: REQUEST FOR PROPOSALS(RFP) NO.16-10111 FOR INVESTIGATIVE AND ADJUSTING
SERVICES FOR SELECTED TORT LIABILITY-CLAIMS AND WORKERS'COMPENSATION
CLAIMS
Dear Mr.-Denis:'
Horizon Investigations, Inc. hereby requests that the above contract be assigned from
Horizon Investigations, Inc to Proven investigations, LLC.
Sincerely,
0
Juan C, Rey
CEO
ATTACHMENT B
]Proven Investigations, LLC.
15751 Sheridan Street#410
Fort Lauderdale,FL 33331
Tel: (954)252-6669
Fax:(9 )54 996-9409
September 26, 2013
Marta Fernandez-Rubio, CPPB
Dept of Procurement Management
1700 Convention Center Drive
Miami Beach, FL 33139
Re: REQUEST FOR PROPOSALS(RFP)NO.16-10/11 FOR INVESTIGATIVE AND ADJUSTING
SERVICES FOR SELECTED TORT LIABILITY CLAIMS AND WORKERS'COMPENSATION
CLAIMS
Dear Ms. Fernandez-Rubio:
I understand the contract referenced above is pending assignment from Horizon
Investigations, Inc to Proven Investigations, LLC. I accept said assignment on behalf of
Proven Investigations, LLC.
Sincerely,
PROVEN INVESTIGATIONS, LLC.
Lee S. Goldwich
Managing Member
J
NYWIV.PRON'ENJNVESTIGATIONS.co ni
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Consenting To An Assignment Of The Existing Agreement Between The City And Horizon Investigation
Service, Inc. ("Horizon")(As Assignor),To Proven Investigation, L.L.C.(As Assignee)With Such Approval
And Consent Effective Upon Execution Of Assignment By The Mayor And City Clerk.
Key Intended Outcome Supported:
Control Costs Of Payroll, Including Salary And Fringes/Minimize Taxes/Ensure Expenditure Trends Are
Sustainable Over The Long Term.
Su ortin Data: N/A
Item Summa /Recommendation:
On August 26, 2011, the City of Miami Beach entered into a Professional Services Agreement(the
"Agreement")with Horizon Investigations, Inc., pursuant to RFP 16-10/11, for investigative (surveillance
related) and adjusting services for selected tort liability and workers' compensation claims on an "as
needed" basis. The primary contact for the City at Horizon Investigations has been Mr. Lee Goldwich. In
a letter dated September 26, 2013, Mr. Juan Rey, CEO of Horizon Investigations requested that the
contract be assigned to Proven Investigations, Inc. (Assignee) (see Attachment A).
Proven Investigations is qualified to perform the scope of work of the agreement and has acknowledged
assumption of the remaining obligations and responsibilities originally undertaken by Horizon (see
Attachment B). Mr. Goldwich, who is now a principal of Proven Investigations, was the lead investigator
for City work while at Horizon and he will continue to be the person at Proven who will meet all of the
City's requirements with regard to the scope of the agreement. The City is pleased with the services
delivered by Mr. Goldwich and recommends continuing with this business relationship..
Invoices rendered for work performed under the Agreement prior to the Assignment being executed by
the Mayor and City Clerk shall be paid by the City to.the Assignor, and any invoices rendered for work
performed under the Agreement after execution shall be paid by the City to Proven Investigations,
L.L.C., the Assignee.
RECOMMENDATION
Based on aforementioned, the Administration recommends that the Mayor and City Commission
approve the assignment of Horizon Investigations, Inc., Agreement for investigative and adjusting
services for selected tort liability and workers' compensation claims to Proven Investigations, L.L.C.,
effective upon execution of assignment by the Mayor and City Clerk.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds:
1
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Alex Denis, Extension 6641
Sign-Offs:
Department Dir ctor Assistant Cit anager Ci Manager
SCT t&1( AD KGB JLM
T:\AGENDA\2013\01-oher 16\Procurement\Consent Assignment-Horizon -Sul ry.doc
AGENDA OTEM C"7
1 DATE
r
MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COM SSION MEMORANDUM
TO: Mayor Philip Levine and Memb rs of the City ommission
FROM: Jimmy L. Morales, City Manag
DATE: December 11, 2013 1.
SUBJECT: A RESOLUTION OF THE OR A ITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORI , APP OVING AND CONSENTING TO AN
ASSIGNMENT OF THE EXI TING AGREEMENT BETWEEN THE CITY
AND HORIZON INVESTIGA ONS, INC. ("HORIZON") (AS ASSIGNOR),
TO PROVEN INVESTIGATI N, L.L.C. (AS ASSIGNEE) WITH SUCH
APPROVAL AND CONSENT EFFECTIVE UPON EXECUTION OF
ASSIGNMENT BY THE MAYOR AND CITY CLERK.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Control costs of payroll including salary and fringe; minimize taxes; and ensure expenditure
trends are sustainable over the long term.
ANALYSIS
On August 26, 2011, the City of Miami Beach entered into a Professional Services Agreement
(the "Agreement") with Horizon investigations, Inc., pursuant to RFP 16-10/11, for investigative
(surveillance related) and adjusting services for selected tort liability and workers' compensation
claims on an "as needed" basis. The primary contact for the City at Horizon Investigations has
been Mr. Lee Goldwich. In a letter dated September 26, 2013, Mr. Juan Rey, CEO of Horizon
Investigations requested that the contract be assigned to Proven Investigations, Inc. (Assignee)
(see Attachment A).
Proven Investigations is qualified to perform the scope of work of the agreement and has
acknowledged assumption of the remaining obligations and responsibilities originally
undertaken by Horizon (see Attachment B). Mr. Goldwich, now principal of Proven
Investigations, will continue to lead all of the City's requirements with regard to the scope of the
agreement.
Invoices rendered for work performed under the Agreement prior to the Assignment being
executed by the Mayor and City Clerk shall be paid by the City to the Assignor, and any invoices
rendered for work performed under the Agreement after execution shall be paid by the City to
Proven Investigations, L.L.C., the Assignee.
CONCLUSION
Based on aforementioned, the Administration recommends that the Mayor and City Commission
approve the assignment of Horizon Investigations, Inc., Agreement for investigative and
adjusting services for- selected tort liability and workers' compensation claims to Proven
Investigations, L.L.C., effective upon execution of assignment by the Mayor and City Clerk.
Attachments
JLM/KGB/SC-T
T:\AGENDA\2013\October 16\Procurement\Consent to Assignment-Horizon-Memo.docx