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CM-2021-017 - 1/15/2021ASSIGNMENT The Assignment of the "City of Round Rock Agreement for Purchase of ire Apparatus Testing Services from Fire One, Inc." (the Assignment") is made and effective 2020. BETWEEN: Fire One, Inc. (hereinafter the "Assignor") Address: P.O. Box 1040 Drexel, PA 19026 AND: Mistras Group (hereinafter the "Assignee") Address: 1480 James Parkway, Heath, OH 43056 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 Purchase of Fire Apparatus Testing Services from Fire One, Inc." (hereinafter the "Agreement") executed on December 13, 2019. TERMS: a. Assignor warrants and represents that said Agreement is in full force and effect and is fully assignable. b. The Agreement states that the "Neither party may assign any rights or delegate duties under this Agreement without the other partv's prior written approval, which approval shall not be unreasonably withheld." c. The Assignee hereby assumes and agrees to perform all the remaining obligations of the Assignor under the Agreement and agrees to indemnify and hold the Assignor harmless from any claim or demand resulting from non-performance of the Assignee. d. The Assignee shall be entitled to all monies remaining to be paid under the terms of the Agreement, which rights are also assigned hereunder. e. The Assignor warrants that it has full right and authority to assign said Agreement with the consent of the City of Round Rock, Texas. f. This Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. [Signatures on the following pages.) 004611141ss2 ASSIGNOR: FAOE,NC.B Title: Date Signed: /ca / / !� G ASSIGNEE: MISTRAS GROUP By: Title: 7 oU c-A Date Signed: � ti � I `` � -\—G By signing below, the City of Round Rock, Williamson and Travis Counties, Texas hereby acknowledges and consents to the Assignment of said Agreement to Mistras Group. CITY ROUND RO K: By - Laurie Laurie Hadley, City Manager Date Signed: ATTEST: By: VAUAak- Sara L. White, City Clerk 4 City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a consent to the Assignment of "City of Round Rock Agreement for Purchasing of Fire Apparatus Testing Services from Fire One, Inc." to Mistras Group. Type: City Manager Item Governing Body: City Council Agenda Date: 1/15/2021 Dept Director: Robert Isbell, Fire Chief Cost: Indexes: Attachments: Department: Fire Department Text of Legislative File CM-2021-017 The contract was originally assigned with Fire One Inc., and approved on December 13, 2019. There has recently been a transfer in ownership from Fire One Inc. to Mistras Group with no changes to the contract. City of Round Rock Page 1 of 1