ATTACHMENT A
Amendment No. 2 to
24I154
55575.18100\42913029.1
(BB&K 2024)
AMENDMENT NO. 2 TO THE SHOP LOCAL GIFT CARD PROGRAM 24I154 BETWEEN THE CITY PALM SPRINGS AND YIFTEE, INC.
1. Parties and Date.
This Amendment No. 2 to the Shop Local Gift Card Program 24I154 is made and entered into as of this 24th day of June 2026, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Yiftee, Inc., a Delaware corporation (“Contractor”) . City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. City and Contractor entered into an agreement titled “ Shop Local Gift Card Program” approved by Council on July 9, 2024, for the purpose of retaining the services of Contractor to provide online gift card provider to provide online gift card management and distribution services in an amount not to exceed $75,000 and a term of one-year continuing through July 8, 2025.
2.2 Amendment No. 1 . City and Contractor entered into Amendment No. 1 to the Agreement, dated June 12, 2025, for the purpose of continuing online gift card management and distribution services through July 8, 2026, and adding an additional $150,000, for a revised contract amount not to exceed $225,000.
2.3 Amendment Purpose. City and Contractor now desire to amend the Agreement to add an additional amount of $150,000 to continue online gift card management and distribution services for a revised contract amount not to exceed $375,000, and extend the term one year through July 8, 2027.
2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.3 of the Agreement.
3. Terms.
3.1 Amendment. Section 3.1 Compensation of Contractor of the Agreement is hereby amended in its entirety to read as follows:
"3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed three hundred seventy-five thousand dollars ($375,000)."
3.2 Amendment. Section 4.4 Term of the Agreement is hereby amended in its entirety to read as follows:
"4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on July 9, 2024, and continuing through July 8, 2027, unless extended or terminated by mutual written agreement of the Parties."
55575.18100\42913029.1
(BB&K 2024)
3.3 Continuing Effect of Agreement . Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
55575.18100\42913029.1
(BB&K 2024)
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE SHOP LOCAL GIFT CARD PROGRAM BETWEEN THE CITY PALM SPRINGS AND YIFTEE, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
YIFTEE, INC.:
By: ____________________________ By: ______________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000