CM-2018-1807 - 8/3/2018ASSIGNMENT
The Assignment of the "City of Round Rock Agreement for Professional Consulting Services for
Environmentalics with Z hyr Environmental Corporation" (the Assignment") is made
and effective `, 2018.
BETWEEN: Zephyr Environmental Corporation (hereinafter the "Assignor")
Address: 2600 via Fortuna, Suite 450, Austin, Texas 78746
AND: POWER Engineers, Incorporated. (hereinafter the "Assignee")
Address: 3940 Glenbrook Drive, Hailey, Idaho 83333
The undersigned Assignor hereby assigns, transfers and grants to Assignee all rights, title and
interest held by the Assignor in and to the "City of Round Rock Agreement for Professional
Consulting Services for Environmental Service with Zephyr Environmental Corporation"
(hereinafter the "Agreement") executed on December 1, 2016.
a. On January 7, 2018, Assignee purchased from Assignor all of the outstanding
common stock of Assignor.
b. Assignor warrants and represents that said Agreement is in full force and effect and
is fully assignable.
c. The Agreement states that the "Neither party may assign any rights or delegate
duties under this Agreement without the other party's prior written approval, which
approval shall not be unreasonably withheld."
d. The Assignee hereby assumes and agrees to perform all the remaining obligations of
the Assignor under the Agreement.
e. The Assignee shall be entitled to all monies remaining to be paid under the terms of
the Agreement, which rights are also assigned hereunder.
f. The Assignor warrants that it has full right and authority to assign said Agreement
with the consent of the City of Round Rock, Texas.
g. This Assignment shall be binding upon and inure to the benefit of the parties, their
successors and assigns.
ASSIGNOR:
ASSIGNEE:
ZEPHYR ENVIRONMENTAL CORPORATION POWER ENGINEERS, INCORPORATED
By:
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By signing below, the City of Round Rock, Williamson and Travis Counties, Texas
hereby acknowledges and consents to the Assignment of said Agreement to POWER Engineers,
Incorporated.
CITY OF ROUND ROCK:
By:
Title:
ATTEST:
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City of Round Rock
ROUND ROCK Agenda Item Summary
Agenda Number:
Title: Consider executing a consent to the Assignment of "City of Round Rock
Agreement for Professional Consulting Services for Environmental Services
with Zephyr Environmental Corporation" to POWER Engineers, Incorporated.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/3/2018
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost: $0.00
Indexes: Utility Fund
Attachments: LAF.pdf, Assignment.pdf
Department: Utilities and Environmental Services
Text of Legislative File CM -2018-1807
Consider executing a consent to the Assignment of "City of Round Rock Agreement for
Professional Consulting Services for Environmental Services with Zephyr Environmental
Corporation" to POWER Engineers, Incorporated.
The action acknowledges the name change and assignment of contract from Zephyr
Environmental to POWER Engineers.
POWER (aka Zephyr) serves as the City's environmental consulting firm to assist on an
as -needed basis for environmental related tasks. They were selected to provide a support
team with sufficient qualified staff to ensure prompt availability with minimal notice for each
task. POWER and their partners serve as an extension of staff via this work authorization
contract.
Tasks may include but are not limited to the following:
Environmental Review, Permitting and Analysis - Supporting for City projects and/or
interests regarding compliance with various Federal and State Regulatory
Agencies e.g. USFWS, TCEQ, TPWD, USACE, or EPA.
Hazardous Materials, Hazardous Waste, and Solid Waste Managements -
City of Round Rock Page 1 Printed on 8/312018
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Agenda Item Summary Continued (CM -2018-1807)
Assistance with the management of the city -generated hazardous/special waste,
hazardous/special material spills, clean up, and restoration.
Facilities Environmental Management & Inspections - Assistance with evaluation
and management of asbestos, mold, lead-based paint or indoor air quality
Source of Funds: Utility Fund
City of Round Rock Page 2 Printed on 81312018
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