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EQUIPMENT PURCHASE AGREEMENT This Agreement is entered into by and between CITY OF PLEASANTON, hereinafter “Seller” and POSITIVE EQUITY GROUP INC., hereinafter “PEG” for the purposes herein stated. For THIRTY-THREE THOUSAND FIVE HUNDRED SEVENTY-FIVE DOLLARS ($33,575) and other valuable considerations, the sufficiency of which is hereby acknowledged, the undersigned do hereby covenant, contract and agree as follows: 1. AGREEMENT: Seller hereby sells, conveys and transfers to PEG all rights, title and interest in and unto the radios, equipment and other personal property, hereinafter referred to collectively as equipment, described in the attached as Schedule A. 2. DELIVERY AND ACCEPTANCE: After the equipment is delivered to PEG’s warehouse, PEG must inspect and acknowledge acceptance of the equipment within 72 business hours. Upon acceptance, PEG shall acknowledge that the equipment is in good condition and that PEG is satisfied with same. All equipment is sold in an “as is” condition. 3. PURCHASE PAYMENTS: PEG agrees to pay unto Seller the sum of $33,575.00 upon the delivery, inspection, and acceptance of the equipment. The payment will be sent via the postal service to the Seller’s Mailing Address provided below. 4. TITLE TO EQUIPMENT: Seller represents that they own all equipment described herein free and clear and that such equipment is free of all liens. Seller also represents the equipment is not connected to an active communications network. 5. MAINTENANCE AND REPAIR: All maintenance and repair costs to the equipment shall be paid by PEG and Seller is hereby relieved from any responsibility to maintain or repair said equipment, all said equipment being sold in an “as is” condition. 6. SHIPPING AND TRANSPORT FEES: PEG shall be responsible for shipping and transportation fees of the equipment from the Seller’s premises to PEG’s warehouse and will provide the Seller with prepaid shipping labels. The Seller shall be responsible to package the equipment for shipping and provide the shipping-ready package to the shipping carrier chosen by PEG. If the shipment is lost or damaged, PEG’s financial liability to the Seller shall not exceed the amount recovered from an insurance claim with the shipping carrier. 7. TAXES: If applicable, all sales taxes associated with the agreement shall be paid by PEG. 8. RELEASE OF SELLER: PEG shall hold the Seller, its agents, servants, successors harmless against all losses, damages, injuries, claims, demands and expenses, including legal expenses, of whatever nature, arising out of the use, condition or operation of any item of the equipment, regardless of where, how and by whom operated. 9. “AS IS” CONDITION OF EQUIPMENT: Seller makes no warranties unto PEG for the sale of the equipment and all equipment described herein is sold in its “as is” condition. 10. GOVERNING LAW: This agreement shall be governed by the laws of the State of New York. SELLER: By: ____________________________ Date: __________ Name: ____________________________ Title: ___________ Mailing Address: 4833 Bernal Ave., Pleasanton, CA 94577 Address (cont.): _____________________________________________________________ PEG: By: Date: 6/25/24 Name: Robert Callahan Title: Manager Docusign Envelope ID: F8BFEE62-8094-482A-9AF6-613A1F790B5A Gerry Beaudin City Manager 7/17/2024 Docusign Envelope ID: 4E51B774-C548-4BD3-BBC1-197A6958F39D