Diversified Development, 1957-1966; Architecture &
Design, 1910-1980 Residential Development, 1957-1966; Modernism A/1/A,E,F;
C/3/C,D
Hwy 74
Mountainback Potential Historic
District 1971-1973
Periodical: Desert
Sun, 04.14.1972 District, MFR Late Modern
Condominium complex designed by Don Sandy for EDCO. District is bounded by Sommerset Drive on the north, Desert Flower Drive on the west, Starbust Drive on the south, and parcel lines/Hwy 74 on the east.
Country Clubs and Incorporation, 1967-1980;
Architecture & Design, 1910-1980 Residential Development, 1967-1980; Modernism A/1/A,E,F;
C/3/C,D
49305 Hwy 74
Indian Springs Mobile Home Park
Potential Historic District 1971
Periodical: Palm
Desert Post,
04.29.1971 and
09.02.1971 District, MFR
Mobile Homes/Late
Modern Mobile home park with original site plan and planning features, developed by Sherman Smith.
Country Clubs and Incorporation, 1967-1980;
Architecture & Design, 1910-1980 Residential Development, 1967-1980; Modernism A/1/A,E,F 652150001 50001 Hwy 74
Silver Spur Mobile Home Park
Potential Historic District 1959-1968 Assessor District, MFR Mobile
Homes/Contemporar
y Ranch
Mobile home park with original site plan and planning features, Contemporary Ranch clubhouse (1963), incorporation of natural rocky landscape. May be Palm Desert's first mobile home park. Diversified Development, 1957-1966 Residential Development, 1957-1966 A/1/A,E,F 46133 Hwy 74
Sands and Shadows Phase 2
Potential Historic District 1963 Assessor District, MFR Mid-Century Modern Sands and Shadows condominiums designed by architect Harold J. Bissner and Robert Pitchford and developed by Neil Davis. This was the second phase.
Diversified Development, 1957-1966; Architecture &
Design, 1910-1980 Residential Development, 1957-1966; Modernism A/1/A,E,F;
C/3/C,D
46183 Hwy 74
Sands and Shadows Phase 1
Potential Historic District 1960 Assessor District, MFR Mid-Century Modern Sands and Shadows condominiums designed by architect Harold J. Bissner and developed by Neil Davis. This was the first phase.
Diversified Development, 1957-1966; Architecture &
Design, 1910-1980 Residential Development, 1957-1966; Modernism A/1/A,E,F;
C/3/C,D
655090012 73735 Irontree Dr
Ironwood Country Club Potential
Historic District 1971-1980s Assessor Commercial Late Modern Developed by Silver Spur Associates in multiple phases, only pre-1980 phases included.
Country Clubs and Incorporation, 1967-1980;
Architecture & Design, 1910-1980 Residential Development, 1967-1980; Modernism A/1/A,E,F;
C/3/C,D
627400045 45405-45451 Lupine Ln
Sandroc Potential Historic
District 1973 Assessor District, MFR Late Modern
Condominium complex located primarily on Lupine Ln, with some having Shadow Mountain and possibly San Pablo addresses. 90 units with shared amenities, designed by Paul Thoryk, built by Durco Construction Co Inc.
Country Clubs and Incorporation, 1967-1980;
Architecture & Design, 1910-1980 Residential Development, 1967-1980; Modernism A/1/A,E,F;
C/3/C,D
47000 Marrakesh Dr
Marrakesh Country Club and
Condominiums Potential Historic
District 1969-1974
LL Google Map;
2006 Individually
Eligible/Designate
d List District, MFR
Regency, Late
Modern, Exotic
Revival
Iconic country club design, conceived and planned by John W. Dawson and Ted Robinson, designs by John Elgin Woolf (later clubhouse building by Robert Ricciardi).
Country Clubs and Incorporation, 1967-1980;
Architecture & Design, 1910-1980 Residential Development, 1967-1980; Modernism A/1/A,E,F;
C/3/C,D Historic district nomination in progress, not yet submitted. 009616645 43500 Monterey Ave
College of the Desert Potential
Historic District 1961-1976 2006 List District, Institutional Mid-Century
Modern, Late
Modern
Multiple contributing buildings and designed landscapes comprise private college campus. Supervising architect was John Porter Clark, other buildings designed by other notable architects including E. Stewart Williams and Robert Ricciardi. O'Dell House pre-dates college and is now part of the campus.
Diversified Development, 1957-1966; Architecture &
Design, 1910-1980 Institutional Development, 1957-1966; Modernism A/1/A,E,F;
C/3/C,D
District boundaries and contributing/non-contributing properties to be determined in later phase; preliminary finding includes entire COD pending additional study. 43101 Portola Ave
Palm Desert Estates Mobile
Home Park Potential Historic
District 1964
Building Permit
No. 10237 and
106689 District, MFR
Mobile
Homes/Googie
Mobile home park with original site plan and planning features, including Googie clubhouse with folded plate roof. Diversified Development, 1957-1966 Residential Development, 1957-1966 A/1/A,E,F Additional research required to assess integrity of clubhouse 000020707 47900 Portola Ave
Outcault Buildings in Living
Desert Zoo and Gardens 1970-72 2006 List District, Institutional Mid-Century Modern Two Mid-Century Modern buildings designed by John Outcault appear to be the only original elements of the Living Desert as first developed 1970-1972.
Country Clubs and Incorporation, 1967-1980;
Architecture & Design, 1910-1980 Institutional Development, 1967-1980; Modernism A/1/A,E,F;
C/3/C,D
627371015 45750 San Luis Rey Ave
Shadow Mountain Club Potential
Historic District 1948 2006 List District, MFR N/A Extant Tomson-designed planning features at the original Shadow Mountain Club. Planned Community Development, 1946-1956 Residential Development, 1946-1956 A/1/A,E,F The Shadow Mountain Golf Course is landmarked, and the clubhouse has been significantly altered.
Likely only the surviving Tommy Tomson planning features (figure-8 pool and palm tree area) are potentially eligible, and they may compose one individual property rather than a district. Additional research needed.
45395-45575 San Luis Rey Ave
Shadowcliff Apartments
Potential Historic District 1960 Assessor District, MFR Mid-Century Modern Designed by architect John Outcault for Clifford Henderson. Tommy Tomson designed landscape.
Diversified Development, 1957-1966; Architecture &
Design, 1910-1980 Residential Development, 1957-1966; Modernism A/1/A,E,F;
C/3/C,D
640190033 1301-1316 Sandpiper Cir
Sandpiper Circle #13 Potential
Historic District 1967 Assessor District, MFR Mid-Century Modern Designed by architect William Krisel and constructed by builder George Holstein as a phase of one of the first condominium projects to be built in the Coachella Valley.
Country Clubs and Incorporation, 1967-1980;
Architecture & Design, 1910-1980 Residential Development, 1967-1980; Modernism A/1/A,E,F;
C/3/C,D
640190034 1401-1416 Sandpiper Cir
Sandpiper Circle #14 Potential
Historic District 1967 Assessor District, MFR Mid-Century Modern Designed by architect William Krisel and constructed by builder George Holstein as a phase of one of the first condominium projects to be built in the Coachella Valley.
Country Clubs and Incorporation, 1967-1980;
Architecture & Design, 1910-1980 Residential Development, 1967-1980; Modernism A/1/A,E,F;
C/3/C,D
640150033 1501-1516 Sandpiper Cir
Sandpiper Circle #15 Potential
Historic District 1969 Assessor District, MFR Mid-Century Modern Designed by architect William Krisel and constructed by builder George Holstein as a phase of one of the first condominium projects to be built in the Coachella Valley.
Country Clubs and Incorporation, 1967-1980;
Architecture & Design, 1910-1980 Residential Development, 1967-1980; Modernism A/1/A,E,F;
C/3/C,D
640150006 1601-1616 Sandpiper Cir
Sandpiper Circle #16 Potential
Historic District 1970 Assessor District, MFR Mid-Century Modern Designed by architect William Krisel and constructed by builder George Holstein as a phase of one of the first condominium projects to be built in the Coachella Valley.
Country Clubs and Incorporation, 1967-1980;
Architecture & Design, 1910-1980 Residential Development, 1967-1980; Modernism A/1/A,E,F;
C/3/C,D
640150052;
640150053 1701-1718 Sandpiper Cir
Sandpiper Circle #17 Potential
Historic District 1969 Assessor District, MFR Mid-Century Modern Designed by architect William Krisel and constructed by builder George Holstein as a phase of one of the first condominium projects to be built in the Coachella Valley.
Country Clubs and Incorporation, 1967-1980;
Architecture & Design, 1910-1980 Residential Development, 1967-1980; Modernism A/1/A,E,F;
C/3/C,D
Shadow Mountain Dr btw
Ocotillo and Ironwood
Shadow Mountain Drive
Potential Historic District 1959-1979 District, SFR Mid-Century Modern Mid-Century Modern single-family residences on Shadow Mountain Drive between Ocotillo and Ironwood, part of the Joe Dunas/Charles DuBois Purple Hills Estates development.
Diversified Development, 1957-1966; Architecture &
Design, 1910-1980 Residential Development, 1957-1966; Modernism A/1/A,E,F;
C/3/C,D
73838 Smoketree Ct
Corsican Villas Potential Historic
District 1973
Periodical: Desert
Sun, 02.16.1973 District, MFR Late Modern
Late Modern townhouse condominium complex by Barry Berkus, 130 units with model at 73838 Smoketree Ct.
Country Clubs and Incorporation, 1967-1980;
Architecture & Design, 1910-1980 Residential Development, 1967-1980; Modernism A/1/A,E,F;
C/3/C,D
45401-45453 Sunrise Ln
Village Green Potential Historic
District 1961 Assessor District, MFR Mid-Century Modern The 16-unit Village Green co-op apartments, designed by architect Harold J. Bissner.
Diversified Development, 1957-1966; Architecture &
Design, 1910-1980 Residential Development, 1957-1966; Modernism A/1/A,E,F;
C/3/C,D
73195-73223 Tumbleweed Ln
Desert Dorado Potential Historic
District 1963
Building Permit
No. 100252;
Periodical: Desert
Sun, 11.02.1963 District, MFR Mid-Century Modern
Mid-Century Modern condominium complex developed by Meyer & Son, also has frontage on Shadow Mountain Dr.
Diversified Development, 1957-1966; Architecture &
Design, 1910-1980 Residential Development, 1957-1966; Modernism A/1/A,E,F;
C/3/C,D
Willow St
Willow Street Potential Historic
District 1959-1979 Assessor District, SFR Mid-Century Modern Mid-Century Modern single-family residences on Willow St (between Hwy 74-paralleling frontage road and turn to Purslane St) May have been developed by L.W. Thompson.
Diversified Development, 1957-1966; Architecture &
Design, 1910-1980 Residential Development, 1957-1966; Modernism A/1/A,E,F;
C/3/C,D
Yucca Tree Dr
Yucca Tree Drive Potential
Historic District 1950s-70s District, SFR Mid-Century Modern Mid-Century Modern single-family residences on Yucca Tree Drive (between Deep Canyon and Fairway).
Appears to be a Monte Wenck development, some/most designed by Charles W. Doty.
Diversified Development, 1957-1966; Architecture &
Design, 1910-1980 Residential Development, 1957-1966; Modernism A/1/A,E,F;
C/3/C,D
1 371
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Appendix E. Palm Desert Tract Development Summaries
The following summarizes the development of Palm Desert’s major residential tracts during the historic period, in chronological order. It is not a comprehensive accounting of every residential tract in the city. Each tract’s summary is followed by tract maps and/or brochures as available; all are from the Historical Society of Palm Desert.
Palm Village ......................................................................................................................... 2 Palm Desert ......................................................................................................................... 8 Palm Dell Estates ............................................................................................................... 10 Deep Canyon Ranch .......................................................................................................... 12 Panorama Ranch ............................................................................................................... 18 Pines to Palms Estates ....................................................................................................... 22 Shadow Mountain Park ..................................................................................................... 23 Palm Vista .......................................................................................................................... 26 Palm Desert Estates ........................................................................................................... 30 Shadow Hills Estates .......................................................................................................... 34 Silver Spur Ranch ............................................................................................................... 38 Palm Desert Highlands ...................................................................................................... 48 Desert Garden Homesites ................................................................................................. 50 Sandpiper .......................................................................................................................... 52 Shadow Village [California Dream Homes] ........................................................................ 54 Desert Lily Estates ............................................................................................................. 60 Halecrest Country Club Village .......................................................................................... 62 Sands and Shadows ........................................................................................................... 66 Palm City [Palm Desert Country Club] ............................................................................... 68 Shadow Mountain Golf Estates ......................................................................................... 81 Desert Stars ....................................................................................................................... 83 Eldorado Highlands ........................................................................................................... 85 Highland Palms Estates ..................................................................................................... 86 Marrakesh Country Club ................................................................................................... 87 Del Safari Country Club [Avondale Golf Club].................................................................... 89 Deep Canyon Tennis Club .................................................................................................. 90 Palm Desert Tennis Club .................................................................................................... 94 Ironwood Country Club ..................................................................................................... 96 Corsican Villas .................................................................................................................... 99 Sommerset ...................................................................................................................... 100
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Name/Number Palm Village
Date 1933
Developer William A. Johnson; Mollin Investment Company; Palm Village Land Company (I.C. Stearns and Ralph Hoffman)
Architect Charles Gibbs Adams (landscape architect); Cleo Blanchet Boundary North of Highway 111 (near intersection with State Route 74) Development History Considered the first residential subdivision in what is now Palm Desert, the origins of Palm Village began when developer William A. Johnson, president of the American Pipe & Construction Company, began acquiring land on the former Gillette Ranch site situated near the intersection of Highway 111 and State Route 74 in 1933.1 By 1935, Johnson had subdivided about 50 lots in what was to be known as Palm Village.2 To design tract features such as the subdivision’s distinct curvilinear street layout, either Johnson or the subsequent developer hired notable Southern California landscape architect Charles Gibbs Adams. The streets were not formally graded until 1939.3 Of Palm Village’s initial layout, a 1949 article remembered it to be “one mile long and half a mile wide, and looking like nothing human.”4 It appears that only a few, if any, homes were constructed prior to 1938.5
Around 1937, the Mollin Investment Company took over management of Palm Village from Johnson, who later sold his interest in the tract to Mollin in 1942. It was at this time that construction of the subdivision began in earnest.6 In November 1939, the layout of Palm Village was underway, advertised locally as “a new and unique community for people desiring desert homes.”7 The 330- acre tract was completed with graded streets, tree-lined parkways, and waterlines. Local Coachella Valley architect Cleo Blanchet was chosen to design an administration building, and at least six bungalows were constructed for use as furnished model homes to entice interested buyers around this time.8 By 1 Historic Preservation Committee, “History and Tour;” HSPD, “Palm Desert Milestones,” 26. 2 J. Wilson McKenney, Desert Editor:…the Story of Randall Henderson and Palm Desert (Georgetown, California: Wilmac Press, 1972), 116.
3 Fairchild Aerial Surveys, Flight C-6060, September 27, 1939 – December 7, 1939, and Flight C-5582, January 13, 1939, available through UC Santa Barbara Library Geospatial Collection, accessed December 2024, https://www.library.ucsb.edu/geospatial/aerial-photography. 4 Olive Orbison, “Background of Palm Village Is Told By Writer,” Indio News February 17, 1949 (on file at HSPD).
5 HSPD, “Palm Desert Milestones,” 26; “Background of Palm Village Is Told.” Newspaper articles from 1940 mention construction of the first homes in Palm Village, after the Mollin Investment Co. had taken over the development (e.g., “New Palm Village Development Now Open,” Desert Sun January 12, 1940). 6 McKenney, Desert Editor, 116; “Palm Village Desert Homes” brochure ca. 1939 noting “established 1937,” on file at the Historical Society of Palm Desert.
7 “Palm Village Starts Near Indio,” Palm Springs Limelight-News, November 18, 1939. 8 “Palm Village Starts Near Indio.”
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January 1940, Palm Village was officially opened for sales, and plans had been approved for at least eight homes in the neighborhood to be constructed on spec by contractors from Salt Lake City and Hollywood.9 The subdivision’s deeds included racially restrictive covenants and additional covenants to restrict architectural design, a pattern common across Southern California and the United States at that time. 10
By the end of 1940, Mollin advertised recreational opportunities at the Palm Village Club, “an informally organized, closely restricted club designed to offer sports facilities to residents, members and their guests.”11 The subdivision also featured a swimming pool for its members and residents, comprising a portion of the old Gillette reservoir. Despite an extensive public relations campaign launched by Mollin during the 1940s, only about a dozen modest homes were constructed in Palm Village by 1945. These homes were constructed in vernacular iterations of the Moderne, Modern, and Minimal Traditional styles.12 Federal Housing Authority (FHA) loans were available, indicating Palm Village adhered to FHA guidelines, particularly through the developers’ use of curvilinear streets, modest footprints, and conventional architectural styles.
During World War II, development of Palm Village came to a halt, and the partially-developed subdivision became the home of a temporary military instillation that was later dismantled in 1944. After the war, Mollin resurrected its sales campaign, and many of Palm Village’s lots filled out with smaller, affordable homes intended for a more year-round clientele. The push to attract permanent residents to the desert (rather than the seasonal crowd) was spurred by the efforts of the Palm Desert Corporation, another development company that had by this point begun developing other lands in the area that would soon become Palm Desert. As such, Palm Village grew to become a diverse mixture of both small and large homes, apartment buildings, commercial lodges, and architecturally significant homes in the postwar years.
Its homes were often constructed by individual homeowners, typically humble iterations of the Spanish Revival, Ranch, or Minimal Traditional designs, although Moderne and Mid-Century Modern examples were built as well.
The Mollin Investment Company liquidated in 1948, after which time Palm Village became even more unrestricted, eventually becoming the predominant 9 “New Palm Village Development Now Open,” Palm Village display advertisement, Desert Sun January 12, 1940.
10 Luke Leuschner, personal communication regarding previous deed research, December 2024. 11 “Palm Village Season To Open,” Los Angeles Times November 10, 1940 12 “Palm Village Season To Open;” “Desert Community Properties Selling,” Los Angeles Times December 1, 1940.
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neighborhood of Palm Desert’s working class and people of color. 13 Between
1946-1956, the development of Palm Village took place under I.C. Stearns and Ralph Hoffman’s Palm Village Land Company, which purchased the remainder of the Gillette Ranch for expansion.14 In 1951, Palm Village officially became part of Palm Desert with an honorary declaration. By that point, Palm Desert had replaced Palm Village as the area’s geographic identifier on regional maps.
Homes constructed in the neighborhood under the Palm Village Land Company were even more varied and vernacular in style than in years prior, however a few notable Modernist residences such as the Rudolph Schindler-designed Maryon E. Toole residence (1948; CoPD Landmark #6) and the Miles C. Bates House designed by Walter White (1954, CoPD Landmark #8) were constructed in Palm Village during this period.15 White also designed a selection of smaller houses in the Palm Village neighborhood, including a cluster of spec homes developed by Charles Gibbs. One of the neighborhood’s latest developments was the multi-family Tripalong Apartments (extensively altered), which were developed in 1958 by prominent Palm Desert resident and actor William Boyd, also known as Hopalong Cassidy.16
13 U.S. Bureau of the Census, 1950 Enumeration Data, accessed December 2024 at ancestry.com. 14 HSPD, “Palm Desert Milestones,” 40; Orbison, “Background of Palm Village Is Told By Writer.” 15 Esther McCoy, Five California Architects (New York: Reinhold, 1960), 190; Welter, Walter S. White, 64-65. 16 “Palm Desert’s ‘Tripalong’ Apartments Completed, Newest Project in Palm Desert,” Desert Sun, November 1, 1958.
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Name/Number Palm Desert
Date 1946
Developer Palm Desert Corporation
Architect Tommy Tomson; Kaufmann, Lippincott, and Eggers Boundary South of Highway 111
Development History Although it is hard to imagine given the community’s growth and expansion, “Palm Desert” was foremost the creation of a single corporation, the Palm Desert Corporation (PDC), which conceived of the community, laid its streets and infrastructure, and sold the land for the hundreds of homes which were inevitably built. The bulk of Palm Desert’s footprint south of Highway 111 dates to the community’s inception in 1946.
Led by Clifford “Cliff” Henderson, the PDC hired the landscape architect Tommy Tomson (also the brother-in-law of Cliff) to plan the community, which was to be built on an empty alluvial fan south of Highway 111.17 Tomson imagined a large subdivision consisting of multiple neighborhoods, a downtown strip, and various civic properties. His design for the community was situated alongside both Highway 74 and Highway 111 and featured gracefully curved streets meant to align with the existing Palm Village subdivision. The firm Kaufmann, Lippincott, and Eggers was hired by the PDC to design a private club (the Shadow Mountain Club) and various PDC facilities.
The PDC began construction in the summer of 1946, beginning with water infrastructure supplied by a trio of wells and the Shadow Mountain Lake, a reservoir designed as a recreational “boating lake.” The PDC’s tract opened for sales on November 16th, 1946, at which point nearly sixteen miles of streets had been laid but, except for Cliff’s personal home, a single house had yet to be built.18 This first portion of the tract which opened was Unit #1, which consisted of the community immediately south of Highway 111 and included commercial lots (including the downtown strip El Paseo) and lots for multi-family housing, but it mostly consisted of larger estate-sized parcels known as the “Shadow Mountain Estates.” While lots quickly sold in Unit #1, the PDC was busy constructing Unit #3, which opened for sales in early 1947 and also consisted of more exclusive estate lots. It was on these two units, which were located between Highway 74 and Portola Avenue, that the community’s most architecturally significant homes would be built by the likes of Walter S. White, Cliff May, Henry Eggers, Albert Frey, and H. E. Weston. 17 Steven Keylon, “The Glamorous Gardens of Tommy Tomson: Part Two,” Eden 19, no. 1 (Winter 2016), 17. 18 Luke Leuschner, “Palm Desert: A Sellable Dream on Forsaken Land, Part I,” The Hourglass, Fall 2021. 380
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While the PDC’s branding and sales program was directed towards the establishment of higher-end estate homes, two units of the entire consisted of smaller lots and were intended to be more affordable. Unit #4, which was east of Portola Avenue, and Unit #6, which was west of Highway 74, both contained more affordable lots and catered to middle-class seasonal residents and families alike. Unit #4 opened in early 1947, but Unit #6 did not open for another two years, in early 1949.19
The PDC controlled all aspects of the community’s development through the Palm Desert Community Association, which set restrictive building requirements, reviewed architectural plans, and even policed the community’s racial makeup (also enforced by racial covenants) to ensure the appearance of a “high-class” community.20 To this day, Palm Desert’s racial and socioeconomic geography can be traced to the development patterns set and policed by the PDC.21
While the PDC sold hundreds of lots and dozens of homes were built, Palm Desert’s growth was never as extravagant as the corporation had hoped. Other subdivisions including Panorama Ranch, Palm Dell, and a revamped Palm Village were also established during this time (frequently profiting off the PDC’s marketing and infrastructure), in many cases offering similar amenities at a more affordable buy-in.
In 1956, the PDC was liquidated to a consortium headed by real estate magnate Howard Ahmanson, and the Palm Desert Sales Company was formed to subdivide and sell the residual land. The PDSC was less concerned with cultivating a high-end image of Palm Desert, and many of the larger parcels were developed with condominiums and spec homes.
19 “Reservations Being Taken for New Palm Desert Unit,” Desert Sun, January 14, 1949. 20 Palm Desert Community Association applications, Clifford W. Henderson Collection, Historical Society of Palm Desert.
21 Leuschner, “Palm Desert,” 2021.
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Name/Number Palm Dell Estates
Date 1946
Developer Amos and Nell Odell; Dan Dunlop
Architect
Boundary Park View Drive to the north, Fred Waring Drive to the south, Fairhaven Drive to the west, and Monterey Avenue to the east
Development History Palm Dell Estates was a subdivision developed by Amos and Nell Odell, a couple that owned acreage adjacent to the Palm Village area and were engaged in date farming and other ranching activities. (The name “Palm Dell” is clearly a take on the Odell name.) Another owner, Dan Dunlop of Long Beach, was noted in later newspaper articles, but it is unclear what his stake was.22 Construction on the subdivision began in 1946, and streets and infrastructure were completed in the spring of 1947. At the time, Palm Desert itself was under construction and not as widely known, and thus Palm Dell initially associated itself with Rancho Mirage and “Greater Palm Springs.” The prominent Palm Springs realtor Culver Nichols was hired as the sales agent, with Rancho Mirage pioneer Don Cameron as the on-site salesperson.
The subdivision was originally intended to be 160 acres (a quarter section), consisting of four quadrants with a central circular park. (It was noted during construction that the landscape architect J.A. Gooch of Armstrong Nurseries was consulting on the park design, but it is unclear if his design was completed or if he had any role in the subdivision layout.23) However, only the southeast forty-acre quadrant was subdivided, and it appears that the park and community facilities were never completed. Only three houses were built by 1953, and ultimately the residual land was sold off and empty lots were filled in over ensuing decades.
22 Don Cameron, What Goes on In Palm Valley,” Desert Sun, March 14, 1947. 23 Don Cameron, “What Goes on In Palm Valley,” Desert Sun, April 4, 1947. 382
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Name/Number Deep Canyon Ranch
Date 1946 ca.
Developer Philip Boyd
Architect
Boundary Fairway Drive to the north, Mockingbird Trail to the south, Portola Avenue to the west, and Deep Canyon Road to the east
Development History Deep Canyon Ranch was a subdivision owned and developed by Philip Boyd, a prominent landowner in the area who originally owned the land as part of thousands of acres of his namesake “Deep Canyon Ranch,” which later became a wildlife preserve and research center.
In the fall of 1946, as the Palm Desert Corporation was working on the construction of their streets, Boyd filed to create “Deep Canyon Ranch Properties” with the clear intention of creating his own subdivision.24 It is unclear exactly when streets were laid in his subdivision, but the first house was built in 1951. Deep Canyon Ranch was directly connected to Palm Desert Corporation’s Unit 4 neighborhood, which was intended as a more affordable and family-oriented neighborhood. The subdivision was expanded twice, once in 1955 and then again in the late 1950s.25 Boyd never tried to develop spec houses, he simply sold lots to people who then built their own houses.
Lots in the subdivision were typically of larger size, with some estate-sized properties at the eastern end of the development. A handful of homes were built, typically in modern Ranch styles, including the Randall Henderson house (John Outcault, 1962) at 74555 Old Prospector Trail and the C. Larabee house (1956) at 74701 Old Prospector Trail, but the subdivision was not filled out until much later.
24 [Deep Canyon Ranch Properties legal notice], Desert Sun, September 20, 1946. 25 [Article about development in Palm Desert], Desert Sun, January 10, 1956. 384
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Name/Number Panorama Ranch
Date 1948
Developer John Harnish
Architect Barry Frost
Boundary To the north by Highway 111, to the south by Fairway Drive, to the west by Abronia Trail, and to the east by Deep Canyon Road
Development History Panorama Ranch was developed by John Harnish, a former Los Angeles-based engineer and builder, in the wake of development by the Palm Desert Corporation.26 It was located immediately east of the Palm Desert Corporation’s Unit #4, which was intended to be the more affordable and family-oriented portion of the development. Panorama Ranch, while having restrictions similar to those of the Palm Desert Corporation and its own community association, was intended to be more affordable like Unit #4.
Although planning appears to have begun as early as 1946, streets and utilities were laid at the end of 1948 and the subdivision was filed at that time. At the center of the subdivision, Harnish built a “Sports Corral” in 1949 with a swimming pool, barbeque area, and recreation facilities such as a shuffleboard court. A sales office was built on Highway 111 alongside a date shop, which was housed in a Quonset hut and known as the Panorama Date Market.27 There were also three model homes built as part of the development campaign, all designed by local architect Barry Frost. The first was the Steel-Lite home, a prefabricated structure located at the corner of Panorama Drive and Peppergrass Street and completed in 1949. This was followed by two small “contemporary” homes, one at 73349 Chicory Street and 45618 Panorama Drive (both 1949).28
The subdivision, which opened in January of 1949, never saw particular success.
Around a dozen homes were built in the first years, and then in 1953 Harnish hired builder Adrian Schwilck to design and build the “Pool-Side Homes,” a cluster of eight small modern homes surrounding a communal pool (which was the original Sports Corral pool). It appears that Harnish gradually sold the land to other developers, first to a developer named James L. Russell, who purchased the residual subdivided land and sold it under the name “Palm Desert Heights,” which was a short-lived effort.29In 1956, a man named John Adams purchased the residual twenty acres of land and created Palm Desert Estates, and Panorama Ranch organically filled out in the following years as lots 26 “New Subdivision Now Under Way East of Village,” Desert Sun, January 7, 1949. 27 “Col. Ellsworth Exclusive Agent,” Desert Sun, November 24, 1950. 28 Advertisement for Steel-Lite home, Desert Sun, April 1, 1949. 29 “Russell Opens Desert Offices,” Desert Sun, November 23, 1953. 390
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were sold to individual buyers and spec builders.30 Monte Wenck, who developed the adjoining Shadow Hills Estates in 1956, was particularly instrumental in filling the former Panorama Ranch with spec homes. By the end of the 1950s, the neighborhood was almost completely developed. 30 “Adams Buys 20 Acres, Plans New Subdivision,” Desert Sun, December 4, 1956. 391
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Name/Number Pines to Palms Estates
Date 1953
Developer Hal Kapp and Ted Smith
Architect
Boundary Santa Gertrudis Drive [Bel Air Road] from Highway 74 to Alamo Drive Development History Pines to Palms Estates was a small tract that consisted only of Bel Air Road (originally Santa Gertrudis Drive) and appears to have been developed by Ted Smith and Hal Kapp (Desert Property Consultants). The subdivision map was created in 1953, however nothing was developed on the land until 1957, when the adjacent Palm Desert Highlands (1957) was subdivided by Kapp and Smith.
At this time, the street was renamed “Bel Air Road” and essentially became part of Palm Desert Highlands.31 The tract was never advertised under its name, and nothing was built on it until Palm Desert Highlands was developed.
31 “County Planners to Have 15 Desert Area Matter,” Desert Sun, May 11, 1959. 394
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Name/Number Shadow Mountain Park
Date 1954
Developer Shadow Mountain Park Inc.
Architect
Boundary The streets of Shadow Lake Drive and Mountain View Avenue Development History In 1953, the Shadow Mountain Club was sold by the Palm Desert Corporation to a group of its members which formed Shadow Mountain Park Inc as the new ownership entity.32 Almost immediately, the new corporation set about an improvement and development campaign which included the subdivision of surplus land on the northern border of the club into a tract named Shadow Mountain Park. The landscape architect Tommy Tomson, who had laid out Palm Desert and the Shadow Mountain Club, designed an initial scheme which was not realized.33
The subdivision was filed with the county in 1954, and by the beginning of 1955 the streets and utilities had been constructed, and the tract was opened for sales, first to members of the Shadow Mountain Club.34 Homes in the subdivision were expected to be custom-built and of higher architectural design in character with the adjacent subdivisions previously developed by the Palm Desert Corporation. Lot sizes ranged, with the larger estate lots flanking Shadow Lake Drive (many of which directly faced the club grounds) and smaller lots available on Mountain View Avenue.
One of the first homes to be built in the new subdivision was the Stanthony Corporation’s “Hospitality House,” a modern show house designed by architect William Bray intended to advertise the appliance company’s products. Publicity for the home was extensive, and Shadow Mountain Park also featured the home in many of its advertisements.35 Completed in 1956, the home was located directly next to the gates of Shadow Mountain Club (which also doubled as the western entrance to the subdivision) at 73745 Shadow Lake Drive.
A selection of custom-built homes was constructed shortly after Shadow Mountain Park’s opening. These included the Jack Blair residence (1957) at 73905 Shadow Lake Drive and George Walling residence (1956) at 73911 Shadow, both designed by modern architect John P. Moyer. The developer Eugene Roberts also built a trio of modern homes on Shadow Lake Drive, and a few other homes were built by other owners. The most significant home built in 32 “Palm Desert Club Sold to Members,” Los Angeles Mirror, November 30, 1953. 33 Shadow Mountain Club, “Artist’s Conception of the New Shadow Mountain Park,” Sun Spots, October 1953.
34 Shadow Mountain Club, “Homesites on Club Grounds Available Soon,” Sun Spots, January 1955. 35 Shadow Mountain Club, “’Hospitality House’ to be Previewed,” Sun Spots, April 1956. 395
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this period was the Robert Overpeck residence (1956), a small modernist home designed by A. Quincy Jones disciple Warren Frazier Overpeck for his brother.
Around a dozen homes were built in the subdivision in the first ten years of its existence, and it was filled out in ensuing decades.
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Name/Number Palm Vista
Date 1955
Developer Ted Smith
Architect
Boundary Fred Waring Drive to the north, Rancho Grande Drive to the south, Monterey Avenue to the east, and Fairhaven Drive to the west
Development History Palm Vista was a small subdivision developed by prominent Palm Desert realtor and developer Ted Smith in 1955. There appears to have been no unified vision or form for the neighborhood, and that lots were sold for relatively low prices, and then built out in the mid- to late-1950s with Mid-Century Modern homes by a variety of speculative builders.
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Name/Number Palm Desert Estates
Date 1956
Developer John Adams
Architect
Boundary El Camino to the north, Candlewood Street to the south, Deep Canyon Road to the east, and Abronia Trail to the west (not inclusive of the triangle between Abronia Trail, Panorama Road, and Candlewood Street)
Development History Palm Desert Estates was a small tract of a few streets developed by John Adams on twenty acres that was formerly part of Panorama Ranch. Adams purchased the land at the end of 1956, and then subdivided it shortly thereafter.36 According to a newspaper announcement, Adams had plans to develop a set of homes and apartments designed by the architect John Outcault.37 However, only one Outcault-designed house was built at 45432 Panorama Drive (1957), and when Adams built himself a house at 45468 Panorama Drive (1957), it was designed/built by of Patten & Wild.
A few homes were built by individuals on Panorama Drive, but it appears that Adams mostly sold land to developers who built apartments and condominiums, which included an apartment complex at 45325 Panorama Drive (1962), the Village Green condominiums designed by Harold Bissner and Robert Pitchford at 45413 Sunrise Lane (1961), and an apartment complex designed by architect Robert Ricciardi at 45301 Deep Canyon Road (1964). 36 “Adams Buys 20 Acres, Plans New Subdivision,” Desert Sun, December 4, 1956. 37 Ibid.
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Name/Number Shadow Hills Estates
Date 1956
Developer Monte Wenck
Architect Charles W. Doty
Boundary Highway 111 to the north, Fairway Drive to the south, Deep Canyon Road to the west, and Toro Peak Road to the east
Development History Shadow Hills Estates was a tract created by developer Monte Wenck, a prominent resident of Palm Desert who went on to own the Shadow Mountain Club. Wenck appears to have purchased most of the land for the tract in 1954, and immediately began planning for a subdivision.38 Initially, it appears that Wenck intended to build a tract of Cliff May Homes in partnership with the prominent developer Clifford Henderson, but only one such property was built, at 74540 Monteverde Way.39
Between 1955 and 1956, Wenck subdivided his acreage into Shadow Hills Estates. Except for the street Monteverde Way, which was excluded from the subdivision and consisted of estate-sized lots, the subdivision was intended to be a more affordable and to contain a variety of homes and apartments. It was directly adjacent to Palm Desert Corporation’s Unit #4, Panorama Ranch, and Palm Desert Estates, all of which contained a more a diverse and affordable selection of homes.
Wenck clearly intended to develop many of the homes himself, beginning with a model home designed by architect Charles W. Doty40 at 45630 Deep Canyon Road (1956). Between 1956 and 1962, Wenck built dozens of modern homes in Shadow Hills Estates from a variety of plans which were likely designed by Doty.
In addition, a selection of builders like M. L. Beard and Charles White also developed homes (often building the same models, which suggests that they were allied with Wenck) within the subdivision. Wenck, Beard, and White also built these homes on empty lots in surrounding subdivisions, therefore diffusing the character of the Shadow Hills tract into the surrounding neighborhoods.
These homes were modern, smaller, and targeted towards a more affordable demographic. In addition, Wenck also developed a series of apartment 38 Helen Anderson, “Palm Desert,” Desert Sun, September 27, 1954. 39 Advertisement for Cliff May Homes, Los Angeles Times, March 13, 1955. Contracts, correspondence, and plans for the Henderson-Wenck partnership are in the Clifford W. Henderson Collection at the Historical Society of Palm Desert.
40 Advertisement for Shadow Hills Estates model home, Desert Sun, March 16, 1956. Doty appears to have been the architect for many, if not all, of the homes developed in and around Shadow Hills Estates built by Wenck and his colleagues, but further documentation is needed to confirm. Many of the homes appear to be the same model as the one he is confirmed to have built, and many others are generally consistent with his work during this period.
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buildings, including the Shadow Hills Apartments (1960) at 74550 Shadow Hills Road, an apartment complex at 74602 Shadow Hills Road (1963), and another complex at 74601 Shadow Hills Road (1966).41
Apart from the properties developed directly by Wenck and his associates, a number of individual homeowners also purchased lots and built their own houses. As was typical of the neighborhood, the homes were smaller in size but were occasionally designed by prominent architects in such instances as the George Mitchell house (Walter S. White, 1957) at 74581 Peppertree Drive or the Roy Adamson house (John Outcault, 1959) at 74614 Peppertree Drive.
By the mid-1960s, Shadow Hills Estates was almost completely developed with homes and a selection of apartments. Additionally, Wenck and his associates had also succeeded in developing many of the empty lots in adjoining subdivisions, thereby giving the whole neighborhood a highly developed and Mid-Century Modern character.
41 The apartment complex developed by Wenck at 74601 Shadow Hills Road (1966) appears to be a design by architect Richard Dorman, for it is a near exact copy of the Dorman-designed Fairview Cottages built by Wenck immediately prior. Further documentation is needed to confirm this attribution, however. 407
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Name/Number Silver Spur Ranch
Date 1956
Developer Adrian and Mercedes Schwilck; Sol Lesser
Architect
Boundary Haystack Road to the north, Portola Avenue to the south, Arrow Drive/Chia Drive to the west, and Portola Avenue to the east. (Does not include Corsican Villas, Ironwood Park, or the houses along Agave Lane.) Development History Silver Spur Ranch was the creation of Adrian Schwilck, a builder and developer who had previously done work in Panorama Ranch, and his wife Mercedes Schwilck, who provided funding for much of the venture. In 1955, the couple began purchasing land from Alvasina Nolan, a homesteader who owned hundreds of acres of land on the upper slope of Palm Desert, and who had previously refused to sell her land to the Palm Desert Corporation.42 The Schwilcks’ land purchases from Nolan and others ultimately totaled around 600 acres.
Development on the subdivision began in 1956 with the laying of streets and infrastructure, the construction of a sales office (47550 Silver Spur Trail), and the construction of a model home (47845 Sun Corral Trail). From the beginning, the branding of the development was intended to evoke a ranch-type atmosphere. Much of the early architecture was designed in a modern Ranch style and horse facilities were also constructed.
The Schwilcks developed a few dozen homes (particularly along Sun Corral Trail and Little Bend Trail) themselves in phases between 1957 and 1959, while at other times allying with spec builders to develop other portions of Silver Spur.
In some cases, individuals purchased land and built their own houses designed by significant architects such as Cliff May, Walter S. White, and Howard Lapham.
Adrian Schwilck appears to have acted as the architect for the homes he developed himself, while other architects such as Earl Kaltenbach designed the homes developed by partnered builders. Although the development claimed to target an exclusive clientele, houses ranged in size and price, from affordable seasonal homes to larger estates, and architecture and construction was policed by a homeowner’s association. The Palm Springs realtor Tony Burke was brought on by the Schwilcks to act as the sales agent, and he himself lived in the house at 73408 Little Bend Trail.
42 Oral History with Adrian Schwilck, May 22, 1980, Historical Society of Palm Desert, accessed via https://archive.org/details/capdhs_000102.
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In 1957, the singer Bing Crosby purchased a sixteen-acre parcel of land at the southernmost point of development’s landholdings and built a home for himself designed by architect Howard Lapham. Crosby subdivided his land into four parcels, and a selection of his friends constructed neighboring houses, including Jimmy Van Heusen, Phil Harris, and Randolph Scott.43 Although Crosby’s name was frequently mentioned in publicity materials, he never held a stake in the development, and was essentially removed from the neighborhood. In 1962, President John F. Kennedy infamously stayed at Crosby’s house in Silver Spur Ranch.44
The initial phase of development (1956-1959) was relatively successful, and by the end of the decade a few dozen homes had been built. In 1959, the movie producer and real estate developer Sol Lesser purchased a majority stake in the venture, and Schwilck went on to develop the Shadow Mountain Fairway Cottages.45 Lesser and his consortium of associates hired the architect William Krisel to design homes, a clubhouse, and master plan for a new, massive phase of development that was to take advantage of all landholdings. However, these grand plans were almost entirely unrealized, and only about a dozen of the Krisel-designed homes were constructed.
In 1962, Schwilck, reeling on success from the Shadow Mountain Fairway Cottages, purchased back the majority stake in Silver Spur Ranch for a considerable markup.46 Working with the architect Richard Harrison, he built dozens of duplexes and homes, developing the entirety of Feather Trail, Birdie Way, and the lower portion of Silver Spur Trail, while simultaneously building on empty lots distributed throughout the neighborhood. Schwilck also intended to develop recreational facilities and built a clubhouse and pool (now part of Corsican Villas) designed by architect Robert Ricciardi. However, partially due to a glut of development in the mid-1960s, many of these properties remained unsold for years, and Schwilck ultimately lost the development to foreclosure.
The foreclosure ultimately stymied any further planned development and remaining lots were filled in piecemeal over ensuing years. In the 1970s, Ironwood Country Club (including the Crosby properties) was developed partially on land originally part of the Silver Spur landholdings, as was the Corsican Villas.
43 Jack Smith, “Crosby in Surprise Marriage,” Los Angeles Times, October 25, 1957. 44 “Officials Will Welcome JFK At City Airport,” Desert Sun, March 22, 1962. 45 “Planning Ready for Silver Spur,” Desert Sun, October 16, 1959. 46 “$2,500,000 Ranch Goes to Schwilck,” Desert Sun, July 6, 1962. 411
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Name/Number Palm Desert Highlands
Date 1957
Developer Hal Kapp and Ted Smith (Desert Property Consultants) Architect John P. Moyer
Boundary Bel Air Road and Skyward Way from Highway 74 to Alamo Drive Development History Palm Desert Highlands was a small subdivision developed by realtors/developers Hal Kapp and Ted Smith (Desert Property Consultants) on land on the southernmost slope of Palm Desert not owned by the Palm Desert Corporation, to the west of Silver Spur Ranch (which was also being developed at this time). An existing subdivision named Pines to Palms Estates (consisting only of one street) was informally conjoined with Palm Desert Highlands, becoming Bel Air Road. The only street which was technically part of Palm Desert Highlands per the subdivision map was Skyward Way despite homes only being built on Bel Air Road.
Kapp and Smith had developed a handful of small subdivisions around this time, including Desert Garden (1957) and Palm Vista (1955). While those were more affordable, Palm Desert Highlands was intended to be a more exclusive development, with real estate advertisements touting it as the “Bel Air of the Desert” because of its estate-sized lots, imposing views, and emphasis on “individually designed” homes.47 Although only one street was laid out, it appears that Kapp and Smith had intentions of expanding the subdivision, as surrounding streets (namely Somera Road) were graded but not paved or subdivided.
The architect John P. Moyer seems to have been allied with the subdivision, and although Kapp and Smith did not develop spec homes, four Moyer-designed homes were built by a selection of contractors and advertised by the subdivision. Each house was custom and individual in order to avoid the appearance of a tract.48 Kapp built a house for himself at 72907 Bel Air Road (1962), and then another Outcault-designed house at 72980 Somera Drive a few years later (1965).
Only about a dozen homes were built, some by individual homeowners, but many by contractors who then sold the homes through Desert Property Consultants. The neighborhood would fill in through the following decades and adjoining tracts like Eldorado Highlands (1963) and Highland Palms Estates (1964) created more of a neighborhood environment instead of a few estate homes positioned atop the Palm Desert slope.
47 “Palm Desert Highlands Proves Slogan of Palm Desert,” Desert Sun, March 15, 1958. 48 Advertisement for Palm Desert Highlands, Desert Sun, April 19, 1958. 420
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Name/Number Desert Garden Homesites
Date 1957
Developer Eugene Roberts
Architect John Outcault
Boundary All of the street Garden Square, and four lots on the east side of Lantana Avenue
Development History Sometime in the mid-to-late 1950s, the developer and contractor Eugene Roberts purchased a parcel of land from Randall Henderson that was originally part of the Desert Magazine landholdings. In 1957, Roberts developed this tract as a single circular street known as “Desert Gardens.”
Roberts worked with the architect John Outcault and developed five homes designed by the architect between 1957 and 1959.49 Outcault also built and designed a house for himself at 45530 Garden Square (1959). Homes were modern in style, smaller, and intended for a more affordable audience, and Desert Property Consultants (Hal Kapp and Ted Smith) were brought on as sales agents The homes built in the 1950s were primarily the ones developed by Roberts, but a few individuals purchased empty lots and built their own homes.
The southern half of the subdivision was developed by the end of the 1950s, and lots were filled in with other houses in ensuing decades. 49 “Desert Gardens Set to Open,” Desert Sun, February 6, 1959. 422
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Name/Number Sandpiper
Date 1958
Developer Western Land and Capital Company; George Osborn and William Kemp Architect William Krisel and Dan Palmer (Palmer & Krisel) Boundary El Paseo to the north, Pitahaya Street to the south, Edgehill Drive to the west, and Highway 74 to the east
Development History After the liquidation of the Palm Desert Corporation (PDC) in 1956, the Palm Desert Sales Company (PDSC) quickly began selling leftover parcels of land to a variety of developers and builders, many of whom built condominiums, apartments, and spec homes. In 1958, the Western Land and Capital Company, a company based in Newport Beach, purchased a large parcel of land at the corner of Highway 74 and El Paseo, on which stood only the Palm Desert Fire Station (now the Historical Society of Palm Desert) built by the PDC.50 The Western Land and Capital Co hired the prominent Mid-Century Modern firm Palmer & Krisel to design a condominium development on the site. William Krisel’s design featured “circles” of duplex condominiums arranged around a communal pool, barbeque, and lawn area. The design represented the height of the Mid-Century Modern style, with extensive use of breezeblock, shadowblock, clerestory windows, dramatic overhangs, sharp angles, and the use of the latest home technologies. The condominiums were terraced and sited to preserve privacy for each unit while maintaining views into the interior of the circles and onto the surrounding mountains. Krisel also designed the landscape while the decorator Vee Nisley was commissioned for interior design.51
Even more innovative than Krisel’s Mid-Century Modern design was the idea of the condominium itself, which was largely untested in the late 1950s. In fact, Sandpiper was not initially conceived of as a condominium development but as a development of co-operative apartments which shared communal facilities, maintenance, and seasonal amenities like turndown services.
As the developers of Sandpiper would come to find out, however, the development’s combination of stark architecture, relative affordability, and recreation proved a massive success. Almost immediately after the construction of Sandpiper began in 1958, developers across the Coachella Valley replicated the model, which became widespread by the mid-1960s. One example of this was the 1959 Sands and Shadows development designed by Harold Bissner 50 Jim West, “Sandpiper,” in William Krisel’s Palm Springs: The Language of Modernism, eds. Chris Menrad and Heidi Creighton (Kaysville, Utah: Gibbs Smith, 2016), 88. 51 West, “Sandpiper,” 99-102.
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immediately adjacent to Sandpiper, which similarly featured a circular arrangement of Mid-Century Modern condominiums.52
The first four phases of Sandpiper were completed between 1958 and 1960 and quickly sold out. The development was photographed by Julius Shulman and featured in a variety of national publications in addition to extensive coverage in the local press, further promulgating its vision and popularity. In 1961, the developers George Osborn and William Kemp (both residents of Sandpiper) took over the project, retaining Krisel for the design of additional units. Circles #5-12 were completed between 1961 and 1965 in Krisel’s iconic Mid-Century Modern style, but unlike the first circles the units were larger and sold as condominiums.53
Between 1965 and 1969, Kemp continued to develop additional circles (#13-17) without the involvement of Krisel, moving away from the stark Mid-Century Modern design of the earlier phases but still preserving the general idea and layout of the community.54 By the time that the entire parcel of land was developed in 1969, 306 condominium units had been completed and Sandpiper had established itself as a vital precedent to mid-century development across the Coachella Valley.
52 “Sand and Shadow Work Underway,” Desert Sun, September 11, 1959. 53 West, “Sandpiper,” 112.
54 West, “Sandpiper,” 115-116.
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Name/Number Shadow Village [California Dream Homes]
Date 1958
Developer Sproul Homes Inc; Walker and Pauline Boltz
Architect
Boundary Desert Star Boulevard and Erin Street to the north, Fred Waring Drive to the south, Portola Avenue to the west, and Florine Avenue to the east Development History Shadow Village was a large-scale housing development created by Sproul Homes Inc and later completed/rebranded by California Dream Homes. Sproul Homes was a national housing developer that had originated in 1949 in New Mexico and by the end of the 1950s was advertising as “one of the ten largest builders in the United States,” developing communities across the western United States. They specialized in large tracts targeted towards the post-war nuclear family, building affordable tract homes that could be financed by VA and FHA loans. The homes they built were typically Mid-Century Modern in design, and they occasionally worked with such noted architects as A. Quincy Jones and Frederick Emmons, particularly in tracts they developed in Las Vegas.55
Sproul Homes acquired a large parcel of agricultural land in Palm Desert at the northeast corner of Portola Avenue and Fred Waring Drive [Avenue 44] around 1958. At that time, very few developments existed north of Fred Waring Drive, except for Unit #10 of Palm Village and Palm Dell Estates, both of which were sparsely developed. Historically, the land in this area was used for date farming and other agriculture, as was the case with the land purchased for Shadow Village. Scattered ranch houses, like the Odell Ranch House (Herbert Burns, 1948) were typical of this area, but there was no unified development until Shadow Village.
Development of the tract began in 1958 with the laying of infrastructure and streets, which generally followed a sweeping curve. The construction of homes also commenced in late 1958, and the model home opened in February of 1959 directly on the corner of Fred Waring Dr and Portola Ave.56 While no architect is apparent based on current documentation, all of the homes were designed in a Mid-Century Modern style typical of post-war development and other tracts built in Palm Desert around the same period, including Shadow Hills Estates (1956) and Desert Stars (1961). Advertisements noted that there were seventeen designs in total, all of which contained three bedrooms and two bathrooms and cost a mere $16,750.57
55 Dave Cornoyer, “Jones and Emmons: Modernism for the Masses,” Docomomo US, August 3, 2020. 56 Shadow Village full-page advertisement, Desert Sun, February 13, 1959. 57 Full-page advertisement for Shadow Village, Desert Sun, February 13, 1959. 426
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Holiday Realty Corporation, a real estate firm that specialized in tracts in and around the Coachella Valley, was hired by Sproul to act as exclusive sales agents. As with other developments with Sproul Homes, these homes were targeted towards families and pre-approved for FHA and VA loans. Open houses were arranged every weekend with free balloons and ice cream “for the kiddies,” and advertisements emphasized the family-oriented features of the homes, like the lunch counter that was standard in every home, or their proximity to churches.58 Actor and resident Hopalong Cassidy attended the grand opening of the tract in February of 1959, and the first homes were sold in the weeks following.59
As noted in newspapers, plans for Shadow Village called for upwards of 500 homes to be constructed in addition to recreational facilities. Around sixty homes were completed or under construction by the end of 1959, with many of them had sold, and plans under preparation for successive phases. However, for reasons which are unclear, Sproul Homes sold the development and residual land in the spring of 1960 to Walker and Pauline Boltz, a husband and wife who had developed tracts in Palm Springs.60
The Boltzes retained the Shadow Village name and broke ground on a new phase of development in the summer of 1960, building what they called the “California Dream Homes.” Almost exactly like the homes built by Sproul Homes, these were affordable and modern tract homes that could be financed by FHA loans. Through the early and mid 1960s, the Boltzes developed dozens more homes and duplexes, and by 1965 the Shadow Village tract was entirely developed with well over a hundred houses and duplex units.61 Shadow Village proved to be a success, and it quickly became one of the first and only family-oriented neighborhoods in Palm Desert. The homes south of Highway 111 built on land owned by the Palm Desert Corporation (and later owners) had primarily been reserved for high-class seasonal residences. The large number of families present in the tract likely influenced the decision to build the Abraham Lincoln Elementary School (E. Stewart Williams, 1963, demolished) and the Palm Desert Middle School (1968) directly adjacent.
Shadow Village not only outlaid significant housing stock affordable and welcoming to families but pushed the northern boundary of Palm Desert (still 58 Full-page advertisement for Shadow Village, Desert Sun, March 27, 1959; Full-page advertisement for Shadow Village, Desert Sun, May 1, 1959.
59 “’Hoppy’ Gets Some Assistance,” Desert Sun, February 26, 1959. 60 “Dream Homes Buys Shadow Village Lots,” Desert Sun, May 31, 1960. 61 It is unclear if the Boltzes reused the same house plans created by Sproul Homes or if they hired their own architect. Regardless, the architect of this phase of development is also unknown. 427
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unincorporated in the 1960s) further than it had been before. From the 1960s onward, development would increasingly happen in the undeveloped desert to the north of Palm Desert, epitomized by Palm City [Palm Desert Country Club], which would break ground only a few years later.
Established as a family neighborhood, tracts developed in the 1970s and 80s adjacent to Shadow Village would continue to uphold this character. At some point in the 1980s, the entire block of Shadow Village facing Fred Waring Dr stretching from Portola Ave to Florine Ave was demolished as part of a project to widen Fred Waring Dr. Otherwise, the general character of the neighborhood has largely remained the same as an affordable, family-oriented region of Palm Desert.
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Name/Number Desert Lily Estates
Date 1958 ca.
Developer Unknown
Architect Ross Patten (Patten & Wild)
Boundary Desert Lily Drive to the west, Willow Street to the north, and Tamarisk Street to the south, four lots deep to the east
Development History Desert Lily Estates was a very small tract developed by an unknown developer, consisting only of sixteen lots. It appears that the land was purchased from the Palm Desert Sales Company (who had liquidated the Palm Desert Corporation), and the developer proceeded to develop this small subdivision using the existing plan for Palm Desert Unit #10 by Tommy Tomson. The Palm Desert Sales Company developed Unit #10 shortly after Desert Lily Estates and reflected the missing parcel sold for Desert Lily Estates on their subdivision map.
Desert Lily Estates was targeted towards a more exclusive clientele, with larger lots that were in the vicinity of Palm Desert’s finest homes. It appears that Desert Lily Estates was allied with the design/build firm Patten & Wild, of which Ross Patten was the designer. The firm designed and built six homes in the tract for a variety of clients/spec builders. By the end of the 1960s, less than half of the lots were developed in the tract, which was filled in through ensuing decades.
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Name/Number Halecrest Country Club Village
Date 1959
Developer Golconda Development Company; Hale Company
Architect L.C. Major and Associates
Boundary Merle Drive to the north, Gary Avenue to the south, Rebecca Road to the west, and Clifford Street to the east
Development History Halecrest Country Club Village was first announced in 1959 as an ambitious $60 million retirement community similar to the scope of the ill-fated Palm City, and was to contain hundreds of homes, a shopping center, hotel, eighteen-hole golf course, and even a landing strip.62 However, by the time ground was broken on the community in 1960, it was to be a series of fourteen single-family homes grouped around a central pool.63 Ultimately, only nine groupings of about a dozen homes each were built. The homes were built as affordable single-family tract homes designed in a simplified Mid-Century Modern style, and it appears that they were mostly purchased by families. Although Halecrest Country Club Village is among the least known and documented mid-century tract in Palm Desert, it was featured on the cover of a 1962 issue of Life Magazine for a story titled “Opening Up the Desert for Living.”64
62 “Officials Reveal Plans for Senior Citizens Project,” Desert Sun, July 28, 1959. 63 “Halecrest Set for Big Preview,” Desert Sun, December 16, 1960. 64 LIFE Magazine, March 23, 1962.
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Name/Number Sands and Shadows
Date 1959
Developer Neill Davis
Architect Harold J. Bissner; Robert Pitchford (Bissner & Pitchford) Boundary Irregular (see aerial)
Development History In 1959, with the growing popularity of the condominium and co-operative apartment model, the Pasadena-based developer Neill Davis hired the modern architect Harold J. Bissner to design a development on a parcel of land adjacent to Highway 74.65 Much like Sandpiper, Bissner designed a circle of Mid-Century Modern condominiums wrapped around a central pool and lawn area. Arranged in nine triplexes, the first circle of twenty-seven units was completed in 1959. A second phase, this time designed by both Harold Bissner and Robert Pitchford, commenced in 1963, and was also Mid-Century Modern in style but featured flat roofs instead of pitched roofs.66 At least one additional circle of Sands and Shadows was planned but never completed.
65 “Sand and Shadow Work Underway,” Desert Sun, September 11, 1959. 66 Advertisement for Sands and Shadows Unit #2, Desert Sun, March 2, 1969; Original brochure for Sands and Shadows, ca. 1959, Historical Society of Palm Desert Collections. 438
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Name/Number Palm City [Palm Desert Country Club]
Date 1960
Developer Marnel Development Company
Architect William F. Bray
Boundary Hovley Lane to the north, Fred Waring Drive to the south, Virginia Avenue to the west, and Warner Trail/Washington Street to the east Development History Now known as Palm Desert Country Club, the large development at the eastern border of Palm Desert was originally conceived as Palm City. In 1960, developers Nel Severin and H. Marshall Secrest (Marnel Development Company) announced plans for “Palm City,” an 1,800-home retirement community with a population upwards of 4,000. The development was to feature a variety of housing types (single-family residential, condominiums, and apartments) recreational facilities, a golf course, shopping center, medicaldental building, and community pools. Homeownership in Palm City was limited to residents older than fifty, and it was intended to be affordable for seniors on a fixed income.
Rather than a new subdivision within an existing city, the development initially positioned itself as an entirely new city. Severin and Secrest purchased over 550 acres of land for the project in the undeveloped desert hinterlands straddling Palm Desert and La Quinta. Although Palm City attempted to stand on its own, it quickly became associated with Palm Desert, which itself was still an unincorporated community.
The project was approved in the summer of 1960, and the construction soon began on the first unit, consisting of the shopping center, homes, the first holes of the eventual eighteen-hole golf course, and “cooperative apartments” (condominiums). From the very beginning, the development was marketed as an “Active Retirement” community with its ample recreational activities, which included the golf course, swimming pools, an “arts and crafts center,” shuffleboard, horseshoe pits, and social events.
Homes in the development, which were all built by Marnel Development Company, had three standard floor plans and nineteen total designs in a generic Ranch style typical of post-war tracts. Similarly, the cooperative units (which were planned to total 400 units) were one- and two-story buildings in a Ranch/Mid-Century Modern style consisting of one- and two-bedroom arrangements. The developers prided themselves on the efficiency and standardization of home construction, noting their construction rate of ten houses a day and their grand plans to deliver a city of 4,000 people in one year.67 Homes were arranged to face the golf course on winding streets each 67 “New 1800 Home Development Set,” Desert Sun, July 8, 1960. 440
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named after a different American state, with recreational facilities interlaced throughout.
The pre-opening for the development happened in February of 1961, with only four model homes completed. The interior designer C. Tony Pereira, noted for his work on the Ocotillo Lodge in Palm Springs, was commissioned to design the interiors of the model homes as well as the model apartments, which opened in April of 1961.68 The shopping center, a Mid-Century Modern design, and medical-dental buildings were completed around this time, and retirees began moving into their homes in the late spring of 1961. The first unit, consisting of 450 homes, was completed in 1961, and the second unit, to consist of 463 homes and 184 cooperative apartments, was inaugurated in November of 1961.69
A little more than a year after opening for sales, the population of Palm City had reached 850 residents, and the social development of the community also continued. The Palm City Homeowners Association was created in 1962 to govern and advise the community, and ground was broken on the first church, St. John’s Lutheran Church, in 1963.70
While the developers claimed that Unit 1 of Palm City had sold out, it appears that they had difficulty selling and developing the second unit, and totally abandoned plans for the third unit. It was reported that Marnel had suffered a loss upwards of $2.5 million. Severin and Secrest sold the entire project at the end of 1963 to Frank Goodman and Robert Farrer, two Oakland-based developers.71 Goodman and Farrer initiated a new campaign to rid the development of its “old folks home” image, first by dropping the age requirement, and then by renaming it “Palm Desert Country Club Estates” to capitalize on Palm Desert’s image as an upper-class resort community.72 With the change, the development became fully integrated into Palm Desert, and therefore pushed the formal boundaries of the city further east than had ever been done.
By the end of 1965, the first two units of Palm Desert Country Club were totally complete, and the new developers focused on selling existing stock before building anything additional. Their new advertising campaigns abandoned all 68 “Palm City Cooperative Opening Set,” Desert Sun, April 21, 1961. 69 “Grand Opening Continues at Palm City’s New Unit,” Desert Sun, November 7, 1961. 70 “Executive Council for Palm City Homes Voted,” Desert Sun, March 16, 1962; “Lutherans Witness Groundbreaking Rites,” Desert Sun, November 27, 1963.
71 “Palm City to Change Image,” Desert Sun, January 6, 1964. 72 “Palm City-Palm Desert Draw Nearer,” Palm Desert Post, January 30, 1964. 441
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mention of a retirement community, instead promoting it as an affordable place to live the lifestyle typical of nearby high-class country clubs.
Although Goodman and Farrer claimed to have plans to build the third unit of Palm Desert Country Club as planned by Palm City, the only thing they appeared to have developed were its streets. The empty streets sat vacant for about a decade, when another developer built a few dozen homes in the mid-1970s, and the developer John D. Lusk built out the remaining lots in the late 1970s with his “Lusk Homes,” which were vaguely Spanish-inspired tract homes typical of the period. 73
73 Advertisement for Lusk Homes, Desert Sun, December 9, 1977. 442
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Name/Number Shadow Mountain Golf Estates
Date 1960
Developer Shadow Mountain Golf Club
Architect
Boundary The streets of White Stone Lane and Flagstone Lane, in addition to the lots on the west side of Portola Avenue between Fairway Drive and Grapevine Street, and lots on a portion of the north side of Grapevine
Development History Shadow Mountain Golf Estates was a small tract developed as part of the Shadow Mountain Golf Club, consisting of two streets within the golf course itself and a selection of lots on the periphery streets. Given its exclusive location and view within/facing the golf course fairways, the tract was intended to be developed with high-class estate homes. However, only a very small selection of homes was built. The design/build firm Patten & Wild built three modern estate homes on Flagstone Lane designed by architect Christer Barlund between 1964 and 1965, and the realtor Richard Kite built a home on White Stone Lane. The tract was eventually developed in ensuing decades, and the later homes were also estate sized.
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Name/Number Desert Stars
Date 1961
Developer Charles White (White and Associates)
Architect Charles W. Doty
Boundary The street of Davis Road and a portion of Homestead Road and Beverly Drive, Davis Drive, and Prarie Drive.
Development History Desert Stars was a small subdivision consisting of twenty-two homes developed by builder Charles “Bud” White and designed by architect Charles W. Doty. The subdivision (filed as Tract 2130) appears to have laid around 1960 and consisted solely of twenty-two lots on Homestead Road and connecting streets Beverly Drive, Davis Drive, and Prairie Drive.
According to original sales brochures, the architect Charles W. Doty was solely responsible for the design of the homes, which White and Associates constructed between 1961 and 1962. They were typical Mid-Century Modern tract homes of the 1960s, with butterfly, pitched, and flat-roofed models, and unlike the nearby Palm Desert Highlands, were intended to be more affordable.
Prices varied from either $18,950 and $19,950 for the 2-bedroom or 3- bedroom models, respectively.74
Construction was fully completed on the homes in 1962 and the Desert Stars subdivision (as defined by the tract map) was fully developed. However, White would soon go on to develop the upper portion of Prarie Drive with his Highland Palms Estates development two years later, in 1964. It appears that the homes developed as part of Desert Stars were either not initially sold, or that they were later grouped in as part of Highland Palms Estates for marketing purposes. There was scarcely any marketing for Desert Stars, and future advertisements for Highland Palms Estates noted a number of homes that was only possible given the inclusion of homes built for Desert Stars. 74 Advertisement for Desert Stars, Desert Sun, January 4, 1962. 455
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Name/Number Eldorado Highlands
Date 1963
Developer Stanton Graham
Architect Stanton Graham
Boundary North side of Homestead Road, from Highway 74 to Alamo Drive Development History Eldorado Highlands was a small tract of twenty homes developed by developercontractor-architect Stanton Graham immediately adjacent to Palm Desert Highlands. (In fact, the original sign for Palm Desert Highlands was repurposed for this new tract.)
Like its predecessor neighborhood, Eldorado Highlands was marketed as an upper-class neighborhood with imposing views, larger lots, and “individual” houses. Although they were designed and built at once by Graham, each home had a different façade, with styles and influences ranging from “Greek, Roman, Mediterranean, Oriental, or Spanish.”75While Graham apparently acted as architect for the homes, the interior designer Noel F. Birns was brought on as the color consultant and decorator for the model homes.
The set of twenty homes was completed in 1964 and Graham did not develop anything further. An adjoining subdivision, Highland Palms Estates (1964) was developed almost contemporaneously and mirrored the eclectic historicist architecture of Eldorado Highlands.
75 “Subdivision Departs from Usual Palm Grove,” Desert Sun, December 14, 1963. 457
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Name/Number Highland Palms Estates
Date 1964
Developer Charles “Bud” White and Syd Crossley (Highland Palms Development Company) Architect Charles W. Doty (attribution)
Boundary The street of Prarie Drive
Development History Highland Palms Estates was a joint venture between contractor Charles “Bud” White and Syd Crossley, who developed the subdivision and sixteen homes in 1964 by continuing the streets laid by White in 1961 for his Desert Palms tract.
While White had developed the initial tract (Desert Stars) under his own company, he partnered with Crossley for this phase.
It appears that the architect Charles W. Doty was responsible for the design of the homes, however further documentation is needed to confirm this attribution. Doty had designed the homes built for Desert Stars only a few years prior, and many of the homes built for Highland Palms appear to be similar models. Whereas Desert Stars was exclusively built with Mid-Century Modern tract homes, Highland Palms was built in a variety of styles, including Grecianinfluenced homes (which may have been inspired by Stanton Graham’s adjacent Eldorado Highlands being developed at the same time).
The subdivision was opened in 1964 and advertised as “designed for family living,” and were slightly more affordable than its Eldorado Highlands and Palm Desert Highlands counterparts, while still more expensive than the homes built for Desert Stars.76 White and Crossley never went on to develop any houses in the subdivision after the homes built in 1964, although the streets were expanded (namely Beverly Drive) and developed in ensuing decades.
76 “Highland Palms Estates Presents Unique Desert Dwellings with Preview Opening and Party Today,” Desert Sun, July 24, 1964.
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Name/Number Marrakesh Country Club
Date 1967
Developer Johnny Dawson
Architect John Elgin Woolf and Robert Koch; Richard A. Harrison; Theodore Robinson Boundary Portola Avenue to the east, Amir Drive to the west, Haystack Road to the south, and Grapevine Lane to the north
Development History In 1967, the developer Johnny Dawson leased the 155-acre parcel of land known as Haystack Mountain Ranch from Elisabeth Stewart, a famous swimsuit designer who had inherited the property from her father Edgar W. Stewart.77 The Ranch was a humble operation with only two small houses and a horse corral, but by the 1960s it was one of the largest and most centrally located undeveloped parcels of land south of Highway 111. Dawson, who was noted for catalyzing country club development with his Thunderbird Country Club (1951), Eldorado Country Club (1957), and Seven Lakes Country Club (1964), envisioned a full-size country club in Palm Desert.78
Dawson hired the architect John Elgin Woolf and his partner Robert Koch to design the development in Woolf’s quintessential Hollywood Regency style, along with the golf course architect Ted Robinson, who was responsible for the land planning and golf course. Initially, the country club was to be known as the “Mountain Lakes Country Club,” but after Woolf exhibited his design which featured a pink color scheme, the name “Marrakesh” (the Moroccan city famed for its pink walls) was suggested to Dawson and became the official name.79 Woolf’s design and scheme was notable for its exuberant style as well as its comprehensiveness. He designed everything for the community, from its clubhouse to its condominiums to its lampposts, all in his signature Hollywood Regency style. From the very beginning, the development was to be built out completely with condominiums, and Woolf designed four models ranging in size and design.
Construction began in the fall of 1968 on infrastructure, administration/security buildings, and the golf course, all of which were completed in 1969. Beginning late in 1969, construction on condominiums began and were phased out over a 77 “Dawson Tells of Condominium Plan,” Palm Desert Post, December 28, 1967. 78 James Munn, “We’re the Dawsons!,” Palm Springs Life, September 20, 2021, https://www.palmspringslife.com/velma-wayne-dawson/.
79 “Introducing Marrakesh Country Club,” Palm Springs Life, September 1968. 459
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period of ten years in twenty-to-forty-unit increments, and finally completed in 1979 at a final tally of 364 units.80 Each section of condominiums also featured a central pool area and pool pavilion (a Woolf specialty), and were wrapped around the eighteen-hole golf course designed by Robinson.
In 1970, after difficulty sourcing the working drawings from Woolf, the modern architect Richard A. Harrison was commissioned to redesign the clubhouse.
Construction on the clubhouse began in 1970 and was complete in 1972, at which point the first residents had moved into condominiums. Velma Dawson, Johnny Dawson’s ceramicist wife noted for creating the Howdy Doody marionette, was responsible for the interior design of the clubhouse and a selection of units.
Marrakesh instantly became the most prominent country club in Palm Desert.
In the years immediately following, clubs like Del Safari Country Club (1969) and Ironwood Country Club (1972) would kick off, but Marrakesh was the first. Due in part to Dawson’s reputation, many units were sold well before their completion, and the club was activated with a variety of social and sporting events even in its earliest years. Marrakesh’s unique Hollywood Regency design also embodied shifts occurring in the architecture trends of the 1960s and 70s and was one of the earliest country clubs in Palm Desert – a typology that would define development of the following decades.
80 Luke Leuschner, Marrakesh Country Club: Historic District Nomination, Version 1: February 2025, 15-18; “Final Phase for Marrakesh Project Given Approval,” Desert Sun, March 30, 1977. 460
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Name/Number Del Safari Country Club [Avondale Golf Club] Date 1969
Developer M.G.G. Corporation [George Glickley, Burton Graham, and Daniel McLachlan] Architect John F. Galbraith
Boundary Frank Sinatra Drive to the north, Country Club Drive to the south, Eldorado Drive to the east, and Sweetwater Drive to the west
Development History In 1968, the businessmen George Glickly and Burton Graham purchased a 240- acre parcel of barren desert land from a woman named Sophia Maloof. At that point, Palm Desert’s unincorporated boundaries were about as far Hovley Lane, but this land was much farther north. Graham and Glickley, friends who were members of Bermuda Dunes Country Club and had also together owned the Bermuda Dunes Airport, announced a large-scale country club development with custom homes, condominiums, a clubhouse, eighteen-hole golf course, and other typical amenities.81
In the very beginning of the project, the Palm Springs architect William F. Cody was hired for the design, but he was soon replaced by the Pasadena architect John. F. Galbraith. The golf course developer and designer Jimmy Hines was hired to oversee the design and construction of the golf course. The name of the development was initially announced as The Safari Country Club in the beginning of 1969 but was soon refined to the Del Safari Country Club.82 The development was branded around an African theme with streets named after African places, spear motifs on the main gate, and a central clubhouse that resembled a fort. Galbraith’s design for the clubhouse was a unique circular stucco structure atop an artificial hill with commanding views of the entire Coachella Valley.
Construction began on the golf course and clubhouse in the spring of 1969 and was completed by the beginning of 1970s. Despite the advanced construction timeline and the project’s grand ambitions, the project began to face issues in 1970. Construction began on an early phase of twenty-one condominiums at the end of 1970, and only a few custom homes were built (those of the developers). Ultimately, only about sixty condominium units were completed of an intended 500, and the project went bankrupt by the mid-1970s. In 1986, a new owner renamed the club Avondale Golf Club.83 Despite the failure of its initial vision, lots were developed over ensuing decades and the membership filled out, and buildings like the clubhouse attest to a distinct period of 1960s development in the Coachella Valley.
81 “Luxurious Golf Club Due Soon,” Desert Sun, March 4, 1969. 82 “Luxurious Golf Club,” Desert Sun, 1969.
83 Avondale Golf Club, “Our 50th Anniversary,” https://www.avondalegolfclub.com/legacy. 461
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Name/Number Deep Canyon Tennis Club
Date 1971
Developer El Dorado Homes; Rowland Sweet and C. L. Cleleand Architect
Boundary To the east of Highway 74, between Bursera Way and Amber Street/Ambrosia Street, consisting of development inside of Frank Feltrop Drive Development History The Deep Canyon Tennis Club was a large-scale condominium development initiated by developers Rowland Sweet and C. L. Cleleand on a fifty-eight-acre parcel on the upper slope of southern Palm Desert. The land was originally part of the Palm Desert Corporation’s landholdings, although it was never subdivided or developed previously. Sweet and Cleleand originally proposed a 400-unit condominium development designed in a modern style and consisting of two-story buildings.84
The plan, which signaled a departure from the low-density single-family estate homes typical of surrounding neighborhoods, triggered some citizen backlash, although it was approved in October of 1971 with only a slight reduction to 360 units.85 Construction progressed through 1972, although by this time it was under the control of El Dorado Homes, a large-scale development company which appears to have purchased the development from Sweet and Clealand.
The first phase of the Deep Canyon Tennis Club opened at the end of the summer of 1973. At that time, only the clubhouse facilities, ten tennis courts, and less than half of the planned 360 units had been completed. The architecture, unlike that presented in initial plans by Sweet and Clealand, was an ambiguous southwestern style with stucco walls and Spanish tile roofs.
Models ranged in size, beginning at $29,950, making them affordable within the seasonal economy context.
For reasons which are unclear, the development would not be complete until 1979, when the final phase of the condominiums was constructed and sold. In total, it had ten tennis courts, twelve pools, six paddleboard courts, extensive landscaping, and a central clubhouse with a tennis pro shop and various amenities.86
84 “PD Condominium Project to Offer Swimming & Tennis,” Palm Desert Post, July 8, 1971. 85 “Planners Approved Deep Canyon Club,” Palm Desert Post, October 7, 1971. 86 “Deep Canyon Club Offers Round the Clock Security,” Desert Sun, October 30, 1973. 462
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Name/Number Palm Desert Tennis Club
Date 1971
Developer John and Beverly Fletiz
Architect John Outcault
Boundary Homestead Road to the north, Mesa View Drive to the south, Center Street to the west, and Alamo Drive to the east
Development History Initially idealized as the “Palm Desert Racquet Club,” the Palm Desert Tennis Club was a 100-unit condominium development created by developer John Fleitz and his wife Beverly Baker Fleitz, a prominent tennis athlete who had been top-ranked in the 1950s.87 The Fleitzes purchased the twenty-acre parcel from fellow tennis player George Alexander.88 The land had previously been undeveloped and had never been a part of another subdivision, although it was adjacent to such tracts as Palm Desert Highlands, Eldorado Highlands, Highland Palms Estates, and Desert Stars.
While tennis-oriented developments had originated in Palm Springs prior to World War Two with the Racquet Club and the Palm Springs Tennis Club, a wave of these developments proliferated in the eastern Coachella Valley in the 1970s with the widespread adoption of the condominium model. Whereas golforiented country clubs necessarily required large quantities of land, tennis clubs could be built on smaller parcels. Contemporary with the Palm Desert Tennis Club were the nearby developments Deep Canyon Tennis Club (1971) and Corsican Villas (1973), which similarly featured condominiums planned around tennis courts and clubhouse.
The Palm Desert Tennis Club was designed by architect John Outcault on a twenty-acre parcel off Mesa View Drive, an area of southern Palm Desert which was rapidly being developed, particularly with the arrival of Ironwood Country Club only a few years later. Outcault designed the development in an ambiguous southwestern style typical of the 1970s, with stucco walls and Spanish tile roofs. The site planning featured 100 condominium units split into five circles, each surrounding a small pool. Community facilities included a clubhouse, large communal pool, eight tennis courts (one with a stadium for events), and various other recreational amenities like an indoor handball court and billiard’s room.
The Palm Desert Tennis Club opened for a preview and sales in the summer of 1973, followed by a grand opening in October of 1973 attended by numerous 87 “103-Unit Racquet Club Planned in Palm Desert,” Desert Sun, August 19, 1971. 88 Ginny Smith, “Desert Larking,” Desert Sun, June 21, 1973. 466
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tennis stars.89 Prices for the three-bedroom units began at $42,500, placing them in the higher end, but the development appears to have quickly sold out by the end of 1973.
89 Ginny Smith, “Desert Larking,” Desert Sun, June 21, 1973; Alice Marble, “The Net Set: Tennis News,” Palm Desert Post, October 11, 1973.
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Name/Number Ironwood Country Club
Date 1972
Developer Silver Spur Associates (Robert M. Haynie, Jack A. Vickers, Arnold Palmer) Architect William F. Cody; Francisco J. Urrutia
Boundary Irregular (refer to aerial)
Development History In the 1950s, the southernmost development on the slope of Palm Desert was Silver Spur Ranch, a subdivision that consisted of largely middle-class Ranch style homes at the base of Deep Canyon. The Silver Spur landholdings, however, were significantly larger than the subdivision itself, totaling approximately 600 acres. Further south, above the subdivision adjacent to the mouth of Deep Canyon, the singer Bing Crosby and a group of his friends had built estate homes. This, however, was the only development on this portion of land owned by Silver Spur.
In 1959, the developers, Adrian and Mercedes Schwilck, sold their stake in Silver Spur to a consortium headed by movie producer Sol Lesser, who imagined a sprawling development with hundreds of homes and a grand clubhouse all designed by modernist architect William Krisel. These plans, which never materialized, were to be on the land above Silver Spur around the Crosby estate. Lesser’s plans for the expansion of Silver Spur Ranch were the last for this portion of land until Ironwood Country Club, developed beginning in the 1970s. In 1962, Schwilck purchased back his stake in Silver Spur Ranch but not all of the land, and it appears that Lesser retained much of the land to the south of the development.
While Schwilck initiated a failed expansion of Silver Spur in the mid-1960s, it seems that plans were being conceptualized for a large-scale country club development on the land that was previously part of Silver Spur’s landholdings.
In 1972, a plan was announced by Silver Spur Associates (not to be confused with the company that developed Silver Spur Ranch), a consortium headed by Robert M. Haynie and Jack A. Vickers, for a large $90 million country club.90 At the time, landholdings were reported at 900 acres, which appears to have included land that was formerly Silver Spur Ranch property and land from other sources.
The prominent architect William F. Cody was brought on as the architect and planner for the development (then unnamed) which was to include three golf courses, a clubhouse, over 3000 housing units ranging from estate homes to condominiums, tennis facilities, and numerous other amenities. At this time in Palm Desert, numerous other country clubs (of varying sizes) had been developed or were in development, including Marrakesh Country Club (1968), 90 “Silver Spur Homeowners Discuss $90 Million Plan,” Palm Desert Post, February 10, 1972. 468
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Del Safari Country Club (1968), and Deep Canyon Tennis Club (1971), although this new development would be larger than any of them.
After some citizen backlash from the organization Concerned Citizens of Palm Desert, a resulting settlement lowered the density of the development, and ground was broken at the end of 1972.91 At the beginning of 1973, the development was officially named “Ironwood Country Club,” and ground was formally broken. At this time, according to numerous articles, the famous golfer Arnold Palmer had joined in as an investor in the project, and from then on, he would be cited in publicity about Ironwood.92 Palmer and another famous golfer, Jack Nicklaus, worked with golf course architect Desmond Muirhead on the design of the three courses.93
The preview opening of the development was held in November of 1973, at which point the clubhouse and five model condominium units were completed, and the first golf course was under construction. Development on the residential component of Ironwood was phased out over a period of nearly ten years and featured a variety of home sizes and types, ranging from onebedroom condominiums to large estate homes. While the architect of the earliest condominium phases (1972-1973) is unclear, the architect Francisco J.
Urrutia, a disciple of William Cody who likely got the job through his office’s initial involvement, designed many of the successive phases. The condominiums, priced in the higher range, were designed in a Late Modern style hybridized with a generic southwestern palette (stucco walls and Spanish tile roofs), and interior design services were offered by the management.
The developers also built dozens of “Fairway Homes” designed by Urrutia, which were large single-family estates. Much later, Ironwood sold homesites for owner-built estates, which would come to surround the Bing Crosby estate once part of Silver Spur Ranch.
Development on the country club largely came to an end in the early 1980s. By 1982, only 975 homes had been built despite Ironwood’s authorization to built 1,700, and their initial aspirations to build over 3,000.94 At the time, the developers cited both a slow economy and concerns about the overuse of the club’s facilities. Later units would be planned and built, as soon as 1984, but Ironwood was eventually complete by the end of a ten-year development campaign.
91 “Silver Spur Opposition Withdrawn,” Desert Sun, September 21, 1972. 92 “Stars to Initiate Course,” Desert Sun, February 3, 1973. 93 “Silver Spur Becomes Ironwood Country Club,” Palm Desert Post, May 3, 1973. 94 “Ironwood Cuts Home Total by 40 Percent,” Desert Sun, February 19, 1981. 469
City of Palm Desert | Historic Context Statement & Reconnaissance Survey Findings: Appendix E April 11, 2025 ARCHITECTURAL RESOURCES GROUP 98
Ironwood Country Club, however, became the city’s preeminent country club, reorienting development of the southernmost slope of Palm Desert. In the ensuing years, private country clubs (of an even higher level) were built immediately adjacent, including The Reserve Club, Bighorn Golf Club, and Stone Eagle Golf Club.
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Name/Number Corsican Villas
Date 1973
Developer Biddle-Kavanaugh Development Company; Pacific Lighting Properties Inc Architect Barry Berkus and Associates
Boundary The street Desert Circle Drive and connecting streets Development History Corsican Villas was a 130-unit condominium development built on a twentyacre parcel originally part of Silver Spur Ranch. In the mid-1960s, Adrian Schwilck, the developer of Silver Spur Ranch, oversaw a development campaign to build out the neighborhood, including a clubhouse (a Mid-Century Modern design by architect Robert Ricciardi), communal swimming pool, and small golf course, all completed in 1963. The campaign was ultimately unsuccessful, as Schwilck lost the development to foreclosure, and the bank liquidated the properties.
The developers behind Coriscan Villas, Biddle-Kavanaugh Development Company and Pacific Lighting Properties Inc, purchased a portion of this liquidated land in the ensuing years which included the former golf course, clubhouse, and swimming pool. Other portions of land which were formerly Silver Spur Ranch were also sold and developed at this time, including parcels which would become Ironwood Country Club.
In 1973, the Corsican Villas were announced on this land and ground was broken in February of that year.95 Like many other contemporary developments, including the Palm Desert Tennis Club (1971), Deep Canyon Tennis Club (1971), and Sommerset (1971, also developed by Biddle), Corsican was to be a condominium development complete with tennis courts, a pool, and clubhouse. The two-story buildings were designed by prolific architect Barry Berkus A.I.A. in a Late Modern style with some Spanish elements, and the two- and three-bedroom units began at $27,950.96 The land that once contained the Silver Spur golf course was redeveloped for Corsican, although the original Silver Spur clubhouse and pool were updated and repurposed as the clubhouse for the new development.
The first unit, consisting of eighty units, was completed in 1973 and was quickly sold, and a second unit of fifty units began in 1976, and were sold out by the beginning of 1977.97
95 “Corsican Villas Started,” Desert Sun, February 16, 1973. 96 “Corsican Villas Mark Opening,” Desert Sun, April 13, 1973. 97 “Corsican Villas Sets Final Phase,” Desert Sun, January 30, 1976; Advertisement for Corsican Villas final liquidation, Desert Sun, January 12, 1977.
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Name/Number Sommerset
Date 1977
Developer Biddle Development Inc; M & T Inc
Architect Morris-Lohrbach & Associates (architecture), Frank Radmacher & Associates (landscape)
Boundary West of Highway 74, Desert Flower Drive and all connecting streets except for the three cul de sacs east of Desert Flower Dr between Starburst Drive and Sommerset Drive
Development History Sommerset, also known as Sommerset Garden Home, was a 193-unit condominium development on a thirty-three-acre parcel on the upper slope of southern Palm Desert. It was the creation of Biddle Development Inc (who had partnered in developing Corsican Villas immediately prior) in partnership with M & T Incorporated. The condominium units, which were marketed as townhomes or “garden homes,” were to be surrounded by eleven swimming pools and tennis courts and were anticipated to attract both permanent and seasonal residents.98 Details, from landscaping to interior finishes, were intended to be of utmost quality, and the units were on the higher end, ranging in price from $77,990 to $87,990 for a variety of floor plans.99
Ground was broken for the first unit of Sommerset in the fall of 1977, with four model units open to the public and sales beginning in the spring of 1978.
Immediately successful, three units followed: the second in the spring of 1978, the third in the winter of 1978, and the fourth in the fall of 1979. Successive phases were also more expensive, and by the fourth and final phase, units were beginning at $114,000.100 By the end of 1981, only a dozen units for sale were remaining, and all units had been constructed.101
98 “Ground Broken in Palm Desert for Sommerset Garden Home,” Desert Sun, October 21, 1977. 99 “’Finishing Touches’ Added to Models,” Desert Sun, March 3, 1978. 100 “Sommerset Features Recreation,” Desert Sun, July 30, 1981. 101 “Sommerset: 13 Left,” Desert Sun, November 14, 1981. 472
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: April 24, 2025
PREPARED BY: Kalaina Perez, Management Analyst
SUBJECT: AUTHORIZE A CONTINGENCY OF $75,000 FOR SUPPLEMENTAL
PLAN REVIEW, INSPECTIONS, AND RELATED SERVICES (CONTRACT NO. C48010)
RECOMMENDATION:
1. Authorize a contingency of $75,000 to be used for supplemental plan review, inspections, and related services (Contract No. C48010).
2. Authorize the City Attorney to make any non-monetary changes to the agreement.
3. Authorize the City Manager or designee to approve any change orders and execute any amendments to the agreements.
BACKGROUND/ANALYSIS:
On June 27, 2024, City Council approved contracts with three vendors, Willdan Engineering, Interwest Consulting Group, and Bureau Veritas North America for supplemental plan review, inspections, and related services, with a total not-to-exceed amount of $300,000. These contracts were established to provide the Development Services Department with supplemental support to maintain operational capacity and ensure continued service delivery.
Following the retirement of a Building Inspector in 2024, a contract building inspector was brought on for a seven-month period to ensure service levels remained consistent and to minimize delays in inspection scheduling. This position has since been permanently filled, resulting in a reduction in ongoing contract costs.
In addition, a contract Permit Technician has been supporting frontline staff, enabling team members to focus on the successful implementation of the City’s new permitting system, Clariti.
This temporary staffing solution has helped sustain timely permit processing and supported a smooth customer service experience during the system transition.
While funds are available, the $300,000 not-to-exceed limit cannot be surpassed without further authorization from the City Council. To ensure continued support for these essential services, staff is requesting a $75,000 contingency allocation for supplemental plan review, inspections, and related services.
Legal Review:
This report has been reviewed by the City Attorney’s Office. 473
City of Palm Desert
Authorize a Contingency of $75,000 for On-Call Plan Review and Inspection Services
FINANCIAL IMPACT:
Funds to support this request are available in the Fiscal Year 2024-25 budget, with $50,000 in Account No. 1104420-4301000 and $25,000 in Account No. 1104470-4300500; therefore, there is no additional impact to the General Fund with this action.
ATTACHMENTS:
1. Contract C48010A – Willdan Engineering
2. Contract C48010B – Bureau Veritas North America
3. Contract C48010C – Interwest Consulting Group
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CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 27th day of June 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 (“City”) and Willdan Engineering, a Corporation, with its principal place of business at 650 E Hospitality Lane, Suite 400, San Bernardino, CA 92408 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Recitals.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services for the following project:
Plan Review and Inspection Services – Development Services (hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I” and attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
3.1.2 Term. The term of this Agreement shall be from July 1, 2024, to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew the Agreement automatically for no more than two (2) additional one-year terms. The Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates.
The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, DocuSign Envelope ID: 754759D3-4552-4528-9275-49D35162DA14 475
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directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows: Patrick Johnson P.E., CBO, - Director of Building and Safety.
3.2.5 City's Representative. The City hereby designates Richard Cannone, AICP, Director of Development Services, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement.
The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Patrick Johnson P.E., CBO, Directory of Building and Safety, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").
Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall DocuSign Envelope ID: 754759D3-4552-4528-9275-49D35162DA14 476
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perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”).
Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give DocuSign Envelope ID: 754759D3-4552-4528-9275-49D35162DA14 477
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all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
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(C) Professional Liability (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(F) Fidelity Coverage. (RESERVED)
(G) Cyber Liability Insurance. (RESERVED)
3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or DocuSign Envelope ID: 754759D3-4552-4528-9275-49D35162DA14 479
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damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation DocuSign Envelope ID: 754759D3-4552-4528-9275-49D35162DA14 480
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(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, DocuSign Envelope ID: 754759D3-4552-4528-9275-49D35162DA14 481
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state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed three hundred thousand dollars ($300,000) in aggregate among firms awarded for on-call work per fiscal year without written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates DocuSign Envelope ID: 754759D3-4552-4528-9275-49D35162DA14 482
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of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant DocuSign Envelope ID: 754759D3-4552-4528-9275-49D35162DA14 483
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shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.
3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Willdan Engineering
650 E. Hospitality Lane, Suite 400
San Bernardino, CA 92408
ATT: Patrick Johnson P.E., CBO
Director of Building and Safety
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Richard Cannone, AICP
Director of Development Services
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data DocuSign Envelope ID: 754759D3-4552-4528-9275-49D35162DA14 484
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magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in DocuSign Envelope ID: 754759D3-4552-4528-9275-49D35162DA14 485
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connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be DocuSign Envelope ID: 754759D3-4552-4528-9275-49D35162DA14 486
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limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
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3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND WILLDAN ENGINEERING
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
WILLDAN ENGEERING, A CORPORATION
By:
Its:
President
Printed Name:
Vanessa Munoz
By:
Its:
Secretary
Printed Name:
Kate Nguyen
QC: MN
Insurance:
_____
Initial Review
_____
Final Approval
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Contract No. C48010A
Exhibit “A-I”
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BBK 72500.00001\32374915.1
EXHIBIT “A”
SCOPE OF SERVICES
Plan Review Services
All building plans will be examined for compliance with the current adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code, California Historical Code, California Existing Building Code and the Accessibility, Noise, and Energy Conservation requirements as mandated by State Title 24, and all additional applicable City Ordinances. Plan review for Disabled Access Compliance will include a review of precise grading plans.
All plan reviews will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies.
Plan check will include a review of any or all of the following design elements as determined by the City:
▪ Architectural
▪ Structural
▪ Plumbing
▪ Mechanical
▪ Fire/Life Safety
▪ Electrical
▪ Energy Conservation Regulations (Title 24)
▪ Disabled Access Regulations (CBC)
▪ Green Building Standards
▪ CASp
Building Inspection Services
All inspections will be performed in accordance with the City’s adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the State and Federal regulations for Accessibility, Noise and Energy Conservation, California Fire Code and provisions of Title 19 and NFPA.
Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise. Inspectors shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.
Inspectors will review the permit package to verify that the on-site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable. Inspectors will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries
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Contract No. C48010A
Exhibit “B”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT "B"
SCHEDULE OF SERVICES
All plan reviews will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies.
Plan check will include a review of any or all of the following design elements as determined by the City:
Architectural
▪ Structural
▪ Plumbing
▪ Mechanical
▪ Fire/Life Safety
▪ Electrical
▪ Energy Conservation Regulations (Title 24)
▪ Disabled Access Regulations (CBC)
▪ Green Building Standards
▪ CASp
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Contract No. C48010A
Exhibit “C”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT "C"
COMPENSATION
Willdan will provide plan review services for a percent of the plan check fee collected by the City or for all-inclusive hourly rates as shown below. Percent of fee plan review will be charged through three reviews including approval based on the City’s Fee Schedule. Subsequent reviews will be charged based on our hourly rate schedule. Expedited plan review will be billed at 1.35x of our rate. Over-time inspections will be billed at 1.5x of our rate. Mileage for inspections will be billed at the current IRS Standard Mileage Rate.
Rates will not increase through June 30, 2025. If the Agreement is extended beyond June 30, 2025, Willdan may reserve the right to increase rates once per year to the value between the 12- month % change of the Consumer Price Index for Riverside County area and five percent.
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA DocuSign Envelope ID: 754759D3-4552-4528-9275-49D35162DA14 492
Contract No. C48010B
1 Revised 07-2023
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CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 27th day of June 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 (“City”) and Bureau Veritas North America, a Corporation, with its principal place of business at 220 Technology Drive, Suite 100, Irvine, CA 92618 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Recitals.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services for the following project:
Plan Review and Inspection Services – Development Services (hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I” and attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
3.1.2 Term. The term of this Agreement shall be from July 1, 2024, to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew the Agreement automatically for no more than two (2) additional one-year terms. The Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates.
The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Docusign Envelope ID: 1958081C-9BDC-4E09-AAFD-F96F5F386891 493
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Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows: Trang Huynh, P.E., CBO, Regional Manager.
3.2.5 City's Representative. The City hereby designates Richard Cannone, AICP, Director of Development Services, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement.
The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Trang Huynh, P.E. CBO, Regional Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
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3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”).
Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party Docusign Envelope ID: 1958081C-9BDC-4E09-AAFD-F96F5F386891 495
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responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include Docusign Envelope ID: 1958081C-9BDC-4E09-AAFD-F96F5F386891 496
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contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(F) Fidelity Coverage. (RESERVED)
(G) Cyber Liability Insurance. (RESERVED)
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3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
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(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions Docusign Envelope ID: 1958081C-9BDC-4E09-AAFD-F96F5F386891 499
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be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed three hundred thousand dollars ($300,000) in aggregate among firms awarded for on-call work per fiscal year without written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.
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3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
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3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.
3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Bureau Veritas North America
220 Technology Drive, Suite 100, Irvine, CA 92618
ATT: Trang Huynh P.E., CBO
Regional Manager
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City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Richard Cannone, AICP
Director of Development Services
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Docusign Envelope ID: 1958081C-9BDC-4E09-AAFD-F96F5F386891 503
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Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
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3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City.
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this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND BUREAU VERITAS NORTH AMERICA, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
BUREAU VERITAS NORTH AMERICA,
INC., A CORPORATION
By:
Its:
Vice President – West, Plan Check and
Inspection
Printed Name:
Craig Baptista, M.B.A.
By:
Its:
Vice President and Secretary
Printed Name:
Heather B. Bush, Esq.
QC: MN
Insurance:
_____
Initial Review
_____
Final Approval
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Exhibit “A-I”
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EXHIBIT “A”
SCOPE OF SERVICES
Plan Review Services
All plans examination services will be performed by a licensed Civil or Structural Engineer and/or an ICC Certified or otherwise qualified Plans Examiner.
All plan reviews will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies.
Plan check will include a review of any or all of the following design elements as determined by the City:
Architectural
Structural
Plumbing
Mechanical
Fire/Life Safety
Electrical
Energy Conservation Regulations (Title 24)
Disabled Access Regulations (CBC)
Green Building Standards
CASp
Building Inspection Services
All inspections will be performed in accordance with the City’s adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the State and Federal regulations for Accessibility, Noise and Energy Conservation, California Fire Code and provisions of Title 19 and NFPA.
Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise. Inspectors shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.
Inspectors will review the permit package to verify that the on-site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable. Inspectors will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries.
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Exhibit “B”
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EXHIBIT "B"
SCHEDULE OF SERVICES
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Exhibit “C”
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EXHIBIT "C"
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA
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CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 27th day of June 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 (“City”) and Interwest Consulting Group, Inc., a Corporation, with its principal place of business at 1500 S. Haven Ave, Suite 220, Ontario, CA, 91762 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Recitals.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services for the following project:
Plan Review and Inspection Services – Development Services (hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I” and attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
3.1.2 Term. The term of this Agreement shall be from July 1, 2024, to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew the Agreement automatically for no more than two (2) additional one-year terms. The Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates.
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Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows: Shelby Sieracki, Director of Client Success.
3.2.5 City's Representative. The City hereby designates Richard Cannone, AICP, Director of Development Services, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement.
The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Shelby Sieracki, Director of Client Success, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
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3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”).
Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party Docusign Envelope ID: 58D652F0-0867-4EE7-8EB8-BE3602DB3680 515
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responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include Docusign Envelope ID: 58D652F0-0867-4EE7-8EB8-BE3602DB3680 516
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contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(F) Fidelity Coverage. (RESERVED)
(G) Cyber Liability Insurance. (RESERVED)
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3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Except with respect to Workers’ Compensation coverage, coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).
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inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.
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(O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Thousand Dollars ($300,000) in aggregate among firms awarded for on-call work per fiscal year without written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
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expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before Docusign Envelope ID: 58D652F0-0867-4EE7-8EB8-BE3602DB3680 521
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commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.
3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Interwest Consulting Group, Inc.
1500 S. Haven Ave, Suite 220, Ontario, CA, 91762.
ATT: Shelby Sieracki
Director of Client Success
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City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Richard Cannone, AICP
Director of Development Services
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to pre-existing intellectual property of Consultant, including Consultant software and licensed software, or to any improvements thereto.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
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3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. Consultant shall have no liability arising from the use of any Documents & Data for any purpose or on any project other than that for which it was produced.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; Docusign Envelope ID: 58D652F0-0867-4EE7-8EB8-BE3602DB3680 524
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and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing and selected from Consultant’s insurance carrier’s panel counsel), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all third party claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole or active negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. Notwithstanding any provision of law to the contrary, Consultant shall have the right to control the defense and settlement of any action for which indemnification is sought, provided that it shall not enter into any settlement that requires an admission of wrongdoing by any indemnitee without that indemnitee’s approval. Consultant’s obligations under this Agreement are contingent upon timely receipt of notice of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the indemnitee in connection with the defense of the claim.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon agreement of parties or Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
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3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which shall not be unreasonably delayed or withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation Docusign Envelope ID: 58D652F0-0867-4EE7-8EB8-BE3602DB3680 526
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of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND INTERWEST CONSULTING GROUP, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
INTERWEST CONSULTING GROUP, INC., A
CORPORATION
By:
Its: President of Interwest Consulting Group
Printed Name: Paul Meschino
By:
Its: Chief Executive Officer of SAFEbuilt
Printed Name: Chris Giordano
QC: MN
Insurance:
_____
Initial Review
_____
Final Approval
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Exhibit “B”
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EXHIBIT “A”
SCOPE OF SERVICES
Plan Review Services
All plans examination services will be performed by a licensed Civil or Structural Engineer and/or an ICC Certified or otherwise qualified Plans Examiner.
All plan reviews will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies.
Plan check will include a review of any or all of the following design elements as determined by the City:
Architectural
Structural
Plumbing
Mechanical
Fire/Life Safety
Electrical
Energy Conservation Regulations (Title 24)
Disabled Access Regulations (CBC)
Green Building Standards
CASp
Building Inspection Services
A licensed Building Inspector will be available as-needed during normal business hours (40 hours/week). Inspectors can also be flexible to assist during special off-hours by request with advance notice.
Assigned staff will perform inspection services, as needed, to verify that the work of construction is in conformance with the approved project plans as well as identifying issues of non-compliance with applicable building and fire codes. Our field inspection services will include site inspections and writing legible and understandable correction and violation notices and field reports. In addition, we will be available to answer in-person or telephone inquiries.
Interwest’s ICC / CASp certified inspectors have performed both building and fire inspection services on a wide variety of construction projects including new residential developments, large custom homes, and commercial, institutional, assembly, essential service buildings, and industrial projects. When necessary for large or fast-track projects, multiple inspectors are available.
Interwest’s inspectors will provide field inspections including site inspections of projects to verify conformance with approved drawings and specifications, which will include review of the permit documents to verify that onsite conditions are consistent with the approved documents for square footage, setbacks, heights, and any other applicable conditions. At the completion of inspections, Interwest’s inspectors will complete all necessary City forms and documents as required to provide seamless service. We understand that personality and customer service are crucial to onthe-job success; therefore, we have selected inspectors who are well versed in customer service and skilled in dealing with people both at the public counter and in the field. All inspection personnel assigned will be ICC and / or CASp certified as required.
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Exhibit “B”
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EXHIBIT "B"
SCHEDULE OF SERVICES
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Contract No. C48010C
Exhibit “C”
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EXHIBIT "C"
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA Docusign Envelope ID: 58D652F0-0867-4EE7-8EB8-BE3602DB3680 531
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: April 24, 2025
PREPARED BY: Maria Gonzalez, Management Analyst
Shawn Muir, Community Services Manager
SUBJECT: UPDATE ON THE CITY’S ONGOING COMMITMENT TO TREE CITY USA
RECOGNITION THROUGH THE ARBOR DAY FOUNDATION
RECOMMENDATION:
Receive and file the update on the City’s Tree City USA status and continued participation in the Arbor Day Foundation’s program.
BACKGROUND/ANALYSIS:
The Arbor Day Foundation, a nonprofit organization established in 1972 by J. Sterling Morton— the founder of Arbor Day—works to inspire people to plant, nurture, and celebrate trees. With a focus on environmental conservation, sustainability, and global reforestation, the Foundation has helped plant tens of millions of trees worldwide and provides valuable educational resources to promote tree care and environmental stewardship.
A key initiative of the Foundation is the Tree City USA® program, which recognizes communities committed to effective urban forest management. Other initiatives, such as Replanting America’s National Forests, support large-scale reforestation efforts nationwide.
The City has successfully completed the 2024 Tree City USA application, which documents forestry and tree care activities throughout the year. This application is submitted annually for the preceding year to maintain Tree City USA recognition.
To qualify and maintain Tree City USA status, the City must meet the following standards:
Maintain a designated tree board or department to oversee public tree management Enforce a Tree Care Ordinance (Ordinance No. 1003)
Invest at least $2 per capita annually in urban forestry o Required investment for City of Palm Desert (based on population): $105,558 annually
o Current investment: $1.39 million via West Coast Arborists contract, Project No.
MLS00026)
Formally observe Arbor Day (April 9, 2025)
Following the fulfillment of these criteria, the City will submit an annual report detailing all treerelated activities. This information contributes to the Arbor Day Foundation’s assessment of the collective environmental impact of participating communities. 533
City of Palm Desert
Adopt the Resolution for Tree City USA Proclamation
Staff will continue to identify and implement additional pledge actions to support the program further should the City Council reaffirm its commitment to participation.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The annual cost for Arboricultural Services is included in the approved operations budget for the Public Works Department, which includes Parks, Medians, LLDs, Desert Willow, and the Housing Authority. Therefore, there is no additional financial impact to the general fund with this action.
FY 2024-25 Account No. Budget Current Investment
Civic Center Park 1104610-4332001 $130,000 $130,000
Parks 1104611-4332001 $150,000 $132,500
Medians 1104614-4337001 $500,000 $495,000
LLDs 200 Accounts $100,000 $76,625
Desert Willow 4414195-4809200 $425,000 $425,000
Housing Authority 871 Accounts $130,000 $130,000
Contract Totals $1,435,000 $1,389,125
ATTACHMENTS:
1. 2025 Tree City USA Application for Certification
2. Ordinance No. 1003 Maintenance and Care of Trees
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2025 Tree City USA Application for Certification
As part of our continued commitment to Tree City USA recognition, our 2025 application will be submitted once the application period officially opens in September 2025. One of the key requirements for eligibility is having a signed 2025 Arbor Day proclamation prior to the application opening. To ensure we meet this requirement, we have taken proactive steps to issue and sign the 2025 proclamation during our Arbor Day celebration this year.
This timing allows us to align with Tree City USA guidelines and maintain our city’s standing while demonstrating our ongoing dedication to urban forestry and environmental stewardship.
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: April 24, 2025
PREPARED BY: Kevin Swartz, Project Manager
SUBJECT: RATIFY CHANGE ORDER 1 TO CONTRACT NO. C48610 WITH R DEPENDABLE CONSTRUCTION, INC., FOR ADA UPGRADES AT THE
STATE BUILDING (PROJECT NO. MFA00011)
RECOMMENDATION:
Ratify Change Order 1 to Contract No. C48610 with R Dependable Construction, Inc., of San Bernardino, California, for ADA Upgrades at the State Building in the amount of $41,394.31 for a new contract amount of $321,294.31.
BACKGROUND/ANALYSIS:
The State Building, encompassing 21,250 square feet, was constructed in 1992. The building is owned and operated by the City of Palm Desert and is leased to two tenants (Department of Rehabilitation and Water Quality Control Board). In Fiscal Year 2024-25, the City allocated funding through the Capital Improvement Program to support accessibility and facility enhancements at the Parkview Office Complex, including the adjacent State Building. The project focused on improving ADA compliance by upgrading restrooms and creating accessible paths of travel from the parking lot to building entrances. These improvements were designed to bring the facility in line with current accessibility standards, while also supporting broader goals related to energy efficiency, structural integrity, and tenant improvements.
In January 2023, the City retained Marks Architects, Inc., to provide architectural design and structural engineering services in support of the project goals. The scope of work included interior and exterior design upgrades, building assessments, and cost evaluations.
On November 14, 2024, the City Council awarded Contract No. C48610 to R Dependable Construction, Inc., for construction in the amount of $279,900, with an additional $28,000 contingency, bringing the total authorized budget to $307,900.
During construction, several items arose that were not included in the original building plans and required additional work to meet design and compliance objectives:
1. Parking Lot Adjustments: To meet ADA slope requirements, the parking lot required more extensive grinding than anticipated. Concrete was reinstalled and the lot was restriped to ensure compliance and long-term surface durability in a desert climate. This change added $26,285.07 to the project cost.
2. Sidewalk and Curb Accessibility Improvements: While not originally included in the scope, sections of existing sidewalk and curb were removed and replaced to improve 545
City of Palm Desert
Ratify Change Order No. 1 Contract No. C48610
accessibility and provide a consistent look across the site. Colored concrete was used to better match the building’s exterior. These enhancements added $20,069.56 to the project.
3. Credit for Omitted Work: A credit of $4,960.32 was also issued for the removal of tree and irrigation components that were ultimately excluded from the final scope.
Because the State Building was vacant during construction, staff requested approval of Change Order No. 1 from the City Manager to expedite completion of the additional work. The project has since been completed, and the Notice of Completion (NOC) has been filed. Since Change Order No. 1 exceeded the approved contingency amount by $13,394.31, staff request its ratification to finalize payment.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
A total of $7,150,000 was allocated in the approved Capital Improvement Project (CIP) under OC Enterprise Account No. 5104361-4400100 for improvements to the Parkview and State Buildings. To date, $3,573,712.54 has been spent, leaving a balance of $3,576,287.46. With the cancellation of the Parkview Improvements Project, $4,300,000 was reallocated to the State Building Improvements Project, which includes ADA upgrades. This results in an available balance of $726,287.46 for the State Building work.
The original ADA construction contract for the State Building was awarded at $279,900, with a $28,000 contingency for a total of $307,900. Change Order No. 1 added $41,394.31, exceeding the contingency by $13,394.31 for a revised contract total of $321,291.31. Sufficient funds are available; therefore, there is no financial impact to the general fund with the ratification.
The table below outlines the costs associated with the State Building improvements:
Account Budget Project Cost Balance
State - 5104361-4400100 $4,300,000.00
Parkview - 5104361-4400100 $2,850,000.00
State, TI Improvements – ServPro C44620D $602,548.80 (funds will be reimbursed by State per Lease
Agreement)
State, Reroof – Garland C44600 $1,181,557.00 (City required) State and Parkview, *Design – Marks Architect C44660 $1,142,400.00 State and Parkview, *Design Contingency – Marks C44660 $150,000.00 Parkview, TO005939– Ste 201/212 $37,646.00
State, various task orders for Building Improvements $138,269.43 State, ADA Upgrades – R Dependable $279,900.00 (City required) State, **Change Order No. 1- R Dependable $41,391.31 (City required) Total $7,150,000.00 $3,573,712.54 $3,576,287.46
Less: Parkview Project Funds ($2,850,000.00)
State Building Improvements Available Funds $726,287.46 546
City of Palm Desert
Ratify Change Order No. 1 Contract No. C48610