C7K-Consent To Assignment Of Existing Agreement Horizon Investigations Incm .....
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 Sul)ported:
Control Costs Of Payroll, Including Salary And Fringes/Minimize Taxes/Ensure Expenditure Trends Are
Sustainable Over The Long Term.
Supporting 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 Pmven 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 Pr-oven 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 e)(ecution 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 assi nment b the Ma or and Ci Clerk.
Advisory Board Recommendation:
I N/A
Financial Information·
Source of Amount
Funds:
1
j I 2
3
OBPI Total
Financial Impact Summary:
Cit Clerk's OffK:e Le islative Trackin
Si
Assistant Ci
KGB
MIAMI BEACH
358
Account
City
JLM
Assignment-Horizon -Summ
AGENDA ITEM _C_7_1( __
DATE /0-/,·/3 >
<9 MIAMiBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochA.gov
ION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me
FROM: Jimmy l. Morales, City Manager
DATE: October 16, 2013
SUBJECT: A RESOLUTION OF THE MAYOR NO (;ITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AP ROVING AND CONSENTING TO AN
ASSIGNMENT OF THE EXISTING AGREEMENT BETWEEN THE CITY
AND HORIZON INVESTIGATIONS, 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 Cl-ERK.
ADMINISTRATION RECOMMENDATION
Adopt the R-esolution.
KEY INTENDED OUTCOME SUPPORT-ED
Control costs of payroll including salary and fringe; minimize taxes; and ensure expenditure
tr~nds 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 r-emaining 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
r-endered 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.
Attachment~~
JLMtmsre=:T
T:\AGEry-013\0ctober 16\Procurement\Consent to Assignment-Horizon -Memo.docx
359
Mr. Alex Denis
Procur-ement Director
ATTACHMENT A
Horizon Investigations, Inc.
PO Box 550103
Fort Lauderdale, FL 33355
T&l: (954) 986-9408
Fax: (954) 986-9409
September 26, 2013
Dept of Procurement Management
1700 Convention Center Drive
Miami Beach, FL 33139
Re: R-EQUEST FOR PROPOSALS (RFP) N0.16-10111 FOR INVESTIGATIVE AND ADJUSTING
SERVICES FOR SELECTED TORT LIABILITY >CLAIMS AND WORKERS' COMPENSATION
CLAIMS
Dear Mr.·Denis:
Hori.zon Investigations, Inc. hereby requests that the above contract be assigned from
Hori.zon Investigations, Inc to Proven Investigations, LLC.
360
Sincere~ ~-
ttCfJV} c-.
Juan C. Rey
CEO
ATTACHMENT B
Proven Investigations, LLC.
15751 Sheridan Street# 410
Fort Lauderdale, FL 33331
Marta Fernandez-Rubio, CPPB
Dept of Procurement Management
1700 Convention Center Drive
Miami Beach, FL 33139
Tel: (954) 252-6669
Fax: (954) 986-9409
September 26, 2013
Re: REQUEST FOR PROPOSALS (RFP) N0.16-10/11 FOR INVESTIGATIVE AND ADJUSTING
SERVICES FOR SELECTED TORT LIABILITY CLAIMS AND WORKERS' COMPENSATION
CLAIMS
Dear Ms. F·ernandez-Rubio:
I understand the contract referenced above is pending assignment from Horizon
Investigations, Inc to Proven Investigations, LLC. I accept said assignment on beha1f of
Proven Investigations, LLC.
Sincerely,
PROVEN INVESTIGATIONS, LLC.
/ .·' . 7j! -~:~··?~··)"--:·,
,____p .. ~~~~
LeeS. Goldwich ·--.
Managing Member
'1-YWW.PROVF.NlNVESTIGATIONS.com
361
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 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 (the "City"); 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 corporation, 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") 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 ("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 Administration has exercised its due diligence on the proposed
Asignee and recommends said assignment; and
WHEREAS, Assignee will assume all of the remaining obligations and
responsibilities originally undertaken by Assignor; and
WHEREAS, the foregoing Consent to Assignment and First Amendment to the
Agreement, shall have an effective date as of the Effective Date, 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 No. 16-
10/11, 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
Contractor/Assignor), to Proven Investigations, L.L.C. (also referred to as
new Contractor/Assignee). Assignor and new Contractor/Assignee hereby
acknowledge and agree to said assignment, and Assignee further agrees
to be bound by the terms and conditions of the Agreement, as further
amended by this Consent to Assignment and First Amendment; all as
362
further evidenced by the parties' execution of the Consent to Assignment,
attached hereto and incorporated herein as Exhibit "A".
2. The new Contractor shall agree to furnish to the City's Risk Manager,
Certificates of Insurance or endorsements evidencing the insurance
coverage specified in the Agreement.
3. 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]
363
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:
ATTEST:
By:
City Clerk
Rafael Granado
FOR CONTRACTOR:
ATTEST:
HORIZON INVESTIGATIONS, INC.
By: __________ _
Secretary
Print Name
ATTEST:
PROVEN INVESTIGATIONS, L.L.C.
By: __________ _
Secretary
Print Name
364
CITY OF MIAMI BEACH, FLORIDA
Mayor
Matti Herrera Bower
ASSIGNOR:
President
Print Name
NEW CONTSULTANT/ASSIGNEE:
President
Print Name
EXHIBIT A
CONSENT TO ASSIGNMENT
INVESTIGATIVE AND ADJUSTING SERVICES FOR
SELECTED TORT LIABILITY AND WORKERS' COMPENSATION CLAIMS
ON AN "AS NEEDED" BASIS, AGREEMENT N0.16-10/11
This Assignment is being entered into as of , by and between Horizon
Investigations, Inc. ("HORIZON") (Assignor), a Florida corporation, and Proven
Investigations, L.L.C. (New Consultant/Assignee), a Florida corporation 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 New Contractor/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.
2. The New Contractor/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]
365
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. (New Consultant/Assignee)
By ________ ~------------
Presidentl Signature Date
Print Name
ATTEST:
Secretary/ Signature
Print Name
366
RESOLUTION TO BE SUBMITTED
367