Consent to Assignment and First Amendment Contract 16-10/11 o —ag ���
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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 Assi nment and First Am ndment to Agreement is entered into
this day of rya,-- , 20 ("Effective Date"), by and among the
CITY OF MIAMI BEACH (the "City"f, 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".
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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 and inserted items
underlined), to reflect the new Contractor's contact information as follows:
TO CONTRACTOR: HeFizen Investigations, InG.-
Attn.- Lee S. GeldwiGh
PQ Bex 660103
Ft. I=audeFdale, FleFida 333551
95 629 6595
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.
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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:
City Clerk Mayor `s'
Rafael Granad®
�• .
FOR CONTRACTOR° ;•• .f.�~'`"�••: '
ATTES _I�'vCCRP Cr ATCC�� ASSIGNOR/
HORI TIONS, INC.:
By• � -
Secretary 4� -r '� �+� President
JVA4
Print Name Print Name
ASSIGNEE/
WITNESS: PROVEN INVESTIGATIONS, L.L.C.:
Managing Member -
Pr nt Name Print Name
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
eV r Date
Consent to Assignment and First Amendment
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this Assignment on
the day and year first above written.
HORIZON INVESTIGAI TIOIVS, INC. (Assignor)
President/ Signature Date
Print Name
ATTEST: .ASST:
MAI E.G ranado,Ci
ecretary/ Signat �� PdCOF?F'�`ti
/ ` �. % �may„ •" C��L;,-�
Print Name
PROVEN IIVV ,GATIONS, L.L.C. (Assignee)
B .1113ht�
Managing Member/Signature Date
L"r S , '-)
Print Name
WITNESS:
Signature
Print Name
Exhibit A
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ATTACHMENT A
Horizon Investigations, Inc.
D—N PO Box 550103
Fort Lauderdale,FL 33355
Tel: (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
C LAI ISIS
Dear Mr.-Denis:
Horizon Investigations, Inc. hereby requests that the above contract be assigned from
Horizon Investigations, Inc to Proven Investigations, LLC.
Sincerely,
Juan C, Rey
CEO
ATTACHMENT B
Proven Investigations, LLC.
15751 Sheridan Street#410
Fort Lauderdale,FL 33331
Tel: (954)252-6669
Fax: 954 996-9409
Fax:(954)
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. Goldwicli
Managing Member
-tvww.PROVFNLNVFSTIGATIONS.corii