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FIRST AMENDMENT TO AGREEMENT <br />This First Amendment to Agreement ("First Amendment") is entered into this 19 day of <br />September 2024 by the City of Pleasanton ("City") and Positive Equity Group Inc. (PEG) <br />(Consultant) <br />Whereas, on July 17, 2024, the City and Consultant entered into an Equipment Purchase <br />Agreement for radios and radio chargers ("Agreement"); and <br />Whereas, upon receipt of the equipment the Consultant deemed the radios to be less <br />valuable than originally assessed; and <br />Whereas, the parties desire to amend the Agreement. <br />Now, therefore, in exchange for valuable consideration, the receipt of which is hereby <br />acknowledged, the parties agree as follows: <br />1.Section 3 of the Agreement, “PURCHASE PAYMENTS,” is amended to read: PEG <br />agrees to pay unto Seller the sum of $23,575.00 upon the delivery, inspection, and <br />acceptance of the equipment. The payment will be sent via the postal service to the <br />Seller’s Mailing Address provided below. <br />2. This amendment may be executed in multiple counterparts, each of which shall be an <br />original and all of which together shall constitute one agreement. Counterparts may be delivered <br />via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. <br />federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic <br />Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission <br />method, and any counterpart so delivered shall be deemed to have been duly and validly <br />delivered and be valid and effective for all purposes. <br />3. All other terms and conditions of the Agreement shall remain in full force and effect. <br />In witness whereof, authorized representatives of the parties have executed this First <br />Amendment to the Agreement as of the date first above written. <br />CITY OF PLEASANTON CONSULTANT <br /> <br />_____________________________ By: __________________________ <br />Gerry Beaudin, City Manager Signature <br /> __________________________ <br /> Print name <br /> Title: __________________________ <br />First Amendment Page 1 <br />Jeremy Grant Alicandri <br />President <br />Docusign Envelope ID: 4E51B774-C548-4BD3-BBC1-197A6958F39D