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2014 ClearSource Financial - User & Regulatory Fee StudyP.O. BOX 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 777-7100 LA QUINTA, CA 92253 FAX (760) 777-7101 February 19, 2014 Mr. Terry Madsen Clear Source Financial Consulting 7960 B Soquel Drive #363 Aptos, CA 95003 Re: User and Regulatory Fee Study Dear Terry:. This letter will memorialize a Contract for Services between Clear Source Financial Consulting ("Consultant") and the City of La Quinta, a California municipal corporation ("City") for a user and regulatory fee study services relating to the City. ("Services"). The Consultant shall provide Services as specified in the attached Scope of Work at the rate set forth therein. Total project cost shall not exceed $9,000.00 (Exhibit "A"). Additional services must be approved in advance in writing by the City Manager and shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the additional services being rendered by Consultant. Consultant shall submit periodic invoices pursuant to the terms set forth in Exhibit A, until completion of the contract. The Consultant is an independent contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. Prior to the beginning of and throughout the duration of the Services. performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Errors & Omissions Liability insurance against all claims for injuries resulting from Consultant's acts or omissions arising out of or related to Consultant's performance of the Services under this Agreement. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers A.M. Best and Company ratings of no less than A -:VI: Errors & Omissions Liability $500,000 (per claim) Professional Liability or Errors & Omissions insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $500,000 per claim. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. All insurance required by this Section shall be kept in effect. during the term of this Agreement and shall not be cancelable without written notce to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury, costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, anyone directly or indirectly employed by them or anyone that they control. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, the Consultant shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such claim. In addition the Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City may at any time, for any reason with or without cause suspend or terminate this agreement upon the issuance of a ten (10) day notice by the City. Upon receipt of such notice, the Consultant shall cease all work under this Agreement. The City shall "pay the Consultant for services performed up to the time of termination and all work products shall be provided to the City. This Agreement shall commence on February 24, 2014 and shall remain and continue in effect until the Services are completed or it is terminated, but no later than June 30, 2014, without written approval of the City Manager. Should you find this Agreement acceptable, please sign both original copies where indicated below and return to me. An original fully -executed copy of this Agreement will be forwarded to you. Sincerely, APPROVED AS M. KATHERINE J City Attorney AGREED AND ACCEPTED: Dated: ATTEST: 5UA,41�-, SUSAN MAYSELS City Clerk CLEARSOURCE FINANCIAL CONSULTING By: Terry Madsen President, ClearSource Financial Consulting Exhibit A Scope of Services Proposal for User and Regulatory Fee Study CllearSoume Financial Consulting dearsourcejinandaLcom January 2014 Table of Contents A. Cover Letter :......... ................. :....... :::........ :...................... ..................................... .....:.....,........:....,............. 1 B. Summary of the Proposal .............. ........... :......... ........................................................ ::...........:.:...:.:........2 C. Scope of Services ....a .............. ....... ...... ,.................................................. _ ... . 3 D. Schedule::..::...........:.......;.......:.................................................................,.......,...............................0........ 5 E. Budget.....:..:::.:.......:......:...:.:...:::........:::..................:...:.:....................:............:......... .6 F. Payment Terms.........................................................................................:::......:.....::................................ 7 G. Description of the Company and Contact Information............................................................................ 8 H. Description of the Project Team............................................................................................................... 9 A. Cover Letter January 27, 2014 City of La Quinta Attn: Mr. Chris Escobedo, Assistant to City Manager 78-495 Ca lie Tampico La Quinta, CA 92253 Via email: cescobedo@la-quinta.org Subject: User and Regulatory Fee Study Dear Chris: Thank you for requesting this proposal for user and regulatory fee study services. I have discussed the project at length with members of the City's finance and management team, and confirm that ClearSource is well qualified to perform this work for the City. The scope of services section of this proposal details the plan for successfully completing the fee study. ClearSource's prior work with the City includes assistance with the recent update of building, planning, public works, and administrative services fees, and parcel audit and levy submittal services for CSA 152. 1 understand the City's service level expectations, and commit to serving the City in a way that respects community values, the requirements of City staff, and the citizens and business community of La Quinta. My signature binds ClearSource to the terms of this proposal and confirms it shall remain valid for a period of not less than 30 days from the date of this submittal. Thank you for reading this proposal. I look forward to answering any questions you have and, if necessary, tailoring its contents -to meet the City's exact needs. Sincerely, --) �--7-- Terry Madsen President, ClearSource Financial Consulting 1 B. Summary of the Proposal Scope of Services ClearSource will conduct a user and regulatory fee study. The study will examine: • Business License Fees • Animal License Fees • Technology Fees • General Plan Update Fees • Other Ancillary Fees (i.e. other fees that may be identified during the course of the study) The study will specifically exclude development services fees (other than technology and general plan update fees), recreation and facility rental fees, administrative fees, impact fees, utility rates, taxes, and fines and penalties. Project Team ClearSource will provide the City of La Quinta with one point of contact for completion of all aspects of this study. Terry Madsen will conduct all meetings, perform all analyses, and deliver and present all findings. This will eliminate the difficulty often encountered by agencies that hire a project team composed of several different people with varying analytical abilities and hands-on experience. P.roje`ct R elite! Assuming project commencement during the week ofiFe ruary*24,014, final reports and findings will be comp eted itndiready,for presentation at a public hearing bylune 3, 2014: Limited Number of Concurrent Projects During the course of this study ClearSource will limit the number of concurrent client engagements to ensure that the City of La Quinta receives proper attention and the project will be completed as scheduled. Project.Budget1 s`�$9;000. T e budget assumes 60 project hours billed at $150 per The protect budget for thi5_study hour. At no time will ClearSource request payment in excess of the project budget in order to complete the items identified in the Scope of Services. . Payment Terms To encourage the timelycompletion of the study, the proposed schedule of payment for services assumes completion of the entire study before City payment to ClearSource. Deliverables Tailored to La Quinta The City will receive products tailored to meet its needs. For example, the City is considering modifying the business licensing fee structure. ClearSource will examine alternative methodologies and provide insight into. upside/downside of alternative methodologies and provide recommendations for modification, if any. 2 C. Scope of Services ClearSource will conduct a user and regulatory fee study. The study will examine: • Business License Fees • Animal License Fees • Technology Fees • General Plan Update Fees • Other Ancillary Fees (i.e. other fees that may be identified during the course of the study) The study will specifically exclude development services fees (other than technology and general plan update fees), recreation and facility rental fees, administrative fees, impact fees, utility rates, taxes, and fines and penalties. To complete the user and regulatory fee study, ClearSource will perform/provide the following services: Step 1: Conduct a Comprehensive Review of the City's Fee and Rate Structure ClearSource will review the City's fee and rate structure with the goal of establishing a consistent and objectively based fee and rate structure that meets the needs of the City and its citizenry. ClearSource will work to understand the departments responsible for providing fee related services, any known deficiencies in current systems or fees, and any areas of specific focus for.the study. ClearSource strives to develop thoughtful, practical, and useful outcomes that account for the many factors that influence targeted fee levels and structures, including, community values, goals, demographics, and ability to incorporate outcomes into current or proposed license and permit tracking, billing, or financial management systems. Step 2: Review Documentation Supporting the Current Fee and Rate Structures for All Departments To accomplish this, ClearSource will: • Review and interpret all readily -available and published data sources such as the City's adopted budget, fee schedules, prior fee study, etc. • Meet with representatives of all departments that provide fee services examined in this study. • Gather any relevant data contained or managed at the departmental level (e.g. annual volume statistics, department specific organization charts, time tracking information, etc.). • Prepare questionnaires and conduct interviews intended to gather any remaining organizational . information required to complete this study. Step 3: Develop Cost of Service Models The purpose of Step 3 is to prepare the analytical models that will serve as the foundation for all outcomes of this study. The models will be specifically tailored to meet the needs of the City. They will be used to identify the full cost of providing user and regulatory fee services at the program and individual fee category level. To accomplish this, ClearSource will: • Use the information gathered in Steps 1 and 2 to populate Excel -based, formula -driven, models that will be delivered and become property of the City for its use and future update. 3 • User/regulatory fee cost of service models will: o Allow for the addition, removal, and adjustment of costs o Consider all direct and indirect personnel, operations, and Citywide overhead costs eligible for inclusion in the cost of service calculations o Calculate composite fully -burdened. hourly rates for each functional division that provides user or regulatory fee services o Calculate the full costs of providing fee related services and compare that to current fee and revenue levels to determine cost recovery levels Step 4: Prepare Fee Comparison Examination and comparison of agency fees to those imposed by neighboring or similar jurisdictions is one of the many factors the City considers when setting fees for services. ClearSource will: • Work with the City to determine appropriate agencies and fees to consider for comparison • Gather all available data from comparison agencies and document and deliver findings to be used by the City's department representatives and the City Council Step 5: Document Findings and Prepare Fee Schedule ClearSource will prepare a user and regulatory fee report that includes: • Overview of the study purpose and methodology • Identification of data sources • Forecasted revenue impacts to the City's General Fund • Detailed presentation of the analytical outcomes of the study • Updated master fee schedule Step 6: Present Findings to Select City Staff and the City Council Presentation of study findings will provide stakeholders and elected officials with the information they need to make critical policy decisions regarding recovery of user and regulatory fees. Step 7: Transfer Study Materials to the City ClearSource will deliver to the City an electronic copy of the fee study, including related schedules and cost documentation in MS -Excel and MS -Word formats that can be edited and updated by City staff to accommodate changes in the organization or changes in costs. The electronic information will be provided to the City on a USB flash drive or via email. The information shall be the property of the City. Step 9: Provide On -Site Training Upon delivery of the fee study documents described in Item 7 of this Scope of Services, ClearSource will provide on -site training to encourage the likelihood of the City's future in-house maintenance and update of the cost of service models and fee schedule. Step 9: Serve as an On -going City Resource Regarding the Study City staff may have questions about study outcomes or updating the Excel model long after the study is complete. ClearSource will serve as an expert resource regarding any questions received from City staff regarding the outcomes and models developed as part of this study. 4 D. Schedule Assuming project commencement during the week of February 24, 2014, final reports and findings will be completed and ready for presentation at a public hearing by June 3, 2014. The project schedule assumes the City will provide information requested and schedule meetings requested during the course of this study within five business days of receiving the request for information or meeting. The following table identifies the project timeline in chart format. Project.Tlmeline Week of Task _' 3 10 17 24 331 10 171 24 ,31 7 34 21 20 Si 32 19 26 2 9 16 23 3a Prepare Docs for Initial Mtgs / Review Current Fee Schedules ' On -Site Mtgs - Direct Svc Depts - Knowledge Trsfr/Data Gathering' Gather Financial and Statistical Information Develop Questionnaires and Conduct On -Site Interviews Develop User/Regulatory Fee Cost of Service Models Conduct Fee Comparison On -Site Mtgs - Review Draft Findings and Fee Comparison Info Update Outcomes Based on Mtg Feedback Prepare User Fee Study Report and Fee Schedules On -Site Mtgs - Review Report and Fee Schedules Prepare Presentation for Select Staff and City Council Mtgs Update Outcomes Based on Mtg Feedback Transfer Hardcopy and Working Electronic Files to City On -Site Mtg - Training 5 E. Budget The project budget for this study is $9,000. This is a "not -to -exceed" fixed fee that includes all associated fees (i.e. printing costs, attendance at meetings, and travel). The budget assumes 60 project hours billed at $150 per hour. At no time will ClearSource request payment in excess of the project budget in order to complete the items identified in the Scope of Services. The following table provides a detailed cost breakdown for the project. 1 Review Current Fee Schedules/ Prepare forInitial Meetings 2 $ 150 $ 300 2 On -Site Meetings W1th Fee Related Service Providers to Gain Understanding of, 4, $ 150 $ 600 City's Practices and Operations 3 Gather Financial and Statistical Information 2 $ 150 $ 300 4 Prepare Questionnaires and Conduct On -Site Interviews With CityStaff to 4 $ 150 $ 600' Gather Data that Will Supplement Financial and Statistical Information 5 Develop User/Regulatory Fee Costof Service Models 24 $ 150 $ 3,600 6 Conduct Fee Comparison 2 $ 150 $ 300 7On-Site Meeting With Divisions to Present Draft Findings and Fee Comparison 2 $ 150 $ 300 Information 8 Update DraftOutcomes Based on Meeting Feedback 4; $ 150 $ 600, 9 Prepare User FeeStudy Reportand FeeSchedules 8 $ 150 $ 1,200 10 On, Site Meetingwith Divisions to Present Report and Fee Schedules 2' $ 150 $ 300 11 Preparation and Presentation of Findings to Select City Staff and City Council 4 $ 150 $ 600 12 Update Outcomes Basedbn Feedback Received During City Council Meeting 2; $ 150 $ 300 13 Transfer Hardcopy and Working Electronic Files to City - $ 150 $ -. 14 bn-Site Training -, $ 150. $ 6 F. Payment Terms The proposed payment schedule for this project assumes payment in full upon completion of items 1 through 8 of the Scope of Services section of this proposal. This is intended to ensure that the project will be completed on schedule and the City will receive all deliverables that ClearSource has agreed to provide in this proposal. The proposed payment schedule assumes that City staff will provide ClearSource with any information requested and schedule any meetings requested within five business days of receipt of request. Requests for information, meetings, and City feedback will be made throughout the study. Additionally, the proposed payment schedule assumes the City will schedule any meetings with external stakeholders, and the public hearing to consider adoption of new fees within fifteen business days of being notified by ClearSource that all materials are ready for presentation. If the City is unable to consistently meet the timelines referenced above, or if the City prefers an in - progress billing methodology, rather than bill upon completion of the study, ClearSource will provide monthly billings to the City for in -progress work completed. G. Description of the Company and Contact Information ClearSource Financial Consulting is a California corporation, properly formed and in good standing with the California Secretary of State. Contact information for the company is as follows: Contact Information Legal Name: ClearSource Financial Consulting Contact: Terry Madsen Phone: (831) 288-0608 Fax: (831) 288-0718 Email: tmadsen@clearsourcefinancial.com Web: clearsourcefinancial.com Address: 7960 B Soquel Drive, #363 Aptos, CA 95003 ClearSource provides the following services to local government agencies: • User and regulatory fee studies • Cost allocation and cost of service studies • Internal service fund rate studies • Water and wastewater rate studies ClearSource is dedicated to providing premier financial consulting service to local government agencies. ClearSource focuses on the issues that matter most to policy makers and constituents: H. Description of the.Project Team Terry Madsen, MBA This project will be completed from start -to -finish by Mr. Terry Madsen. Mr. Madsen is the President and Principal Consultant of ClearSource Financial Consulting. He has spent the past twelve years providing financial consulting services exclusively to local government agencies. In October, 2011 Mr. Madsen founded ClearSource Financial Consulting (ClearSource), a firm dedicated to providing local government agencies with premier financial consulting services. From October, 2001 to October, 2011 Mr. Madsen was employed by the competing firm, NBS. Mr. Madsen's depth of knowledge includes numerous service areas including user fee studies, overhead cost allocation studies, internal service fund rate studies, water and wastewater rate studies, and special financing district administration. During his career he has served the following agencies, among others: • Atherton • Oakdale • Chula Vista • Oro Loma Sanitary District • East Palo Alto • Sacramento • Gustine • Sacramento Regional Transit District • Hesperia • San Carlos • Laguna Woods • San Diego Metropolitan Transit System • La Habra Heights • Santa Paula • La Quinta • Sierra Madre • Long Beach • Taft • Los Angeles • Union Sanitary District Napa • Ventura Mr. Madsen has worked closely with every level of the public body including property owners, community organizations, council members, special commissions, agency managers, all members of the agency finance team, directors of every agency department, management analysts, and the direct . service staff that are the primary contact points for members of the community, such as inspectors, plan reviewers, operators, maintenance personnel, and records staff. Mr. Madsen's experience in user fee and overhead cost allocation studies includes all phases of the work, from project initiation to completion and presentation of final findings. He has examined building fees, planning fees, engineering and land development fees, recreation and community services fees, fire prevention fees, police fees, NPDES inspection fees, library fees, public health fees, graffiti abatement fees, animal control fees, code enforcement fees, and administrative fees. He has calculated cost allocation and internal service fund charges for support service departments such as City Council, City Management and Administration, City Clerk, City Attorney, Finance, Human Resources, Information Technology, Fleet and Facilities Maintenance, and Risk Management. Mr. Madsen received his undergraduate degree (Cum Laude) from Cal Poly, San Luis Obispo. He was awarded a Bachelor of Science in Business Administration with a Finance Concentration and an Economics Minor. He received his graduate degree from California State University, San Bernardino. He was awarded a Master of Business Administration with an Entrepreneurship Concentration. 9 �1® A� CERTIFIt,ATE OF LIABILITY INSURANCE DATE (kIM/DD 02/28/2014014 THIS CERTIFICATE IS ISSUED -AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pol(cy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT VITALE INSURANCE AGENCY NAME: PHONE -(831) 462-9222 FA1( (831) 462-9299 4067 CORY STREET E-MAIL SUITE 1 (2ND FLOOR) SOQUEL CA 95073— INSURE S AFFORDING COVERAGE NAIC# INSURERA:PHILADELPHIA PANY INSURANCE COM INSURED INSURER B NATIONWIDE MUTUAL INSURANCE CO 23787 INSURERC:TRAVELERS INDEMNITY COMPANY 25658 CLEARSOURCE FINANCIAL CONSULTING 7960 B SOQUEL DR, STE 363 INSURERD: APTOS CA 95003— INSURERS: INSURER F :. -------' KCVIJIUN NUMOLK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LLTR TYPE OF INSURANCE ADDL But POLICY EFF POLICY EXP POLICY NUMBER LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FOOCCUR HIRED 6 NON -OWNED AUTO Y Y PHSD899059 2/09/2013 / / / / / / / / / / / / 2/09/2014 / / / / / / /-/ / / / / EACH OCCURRENCE S 1,000,000 DAMA E T R P $ 50,000 MED EXP (Anyone person)$ 5,000 X PERSONAL&ADVINJURY $ 1,000,000 X $500 DEDUCTIBLE GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE T POLICY LIMIT APPLIES PER: PRO- LOC PRODUCTS - COMPIOP AGG S 1,000,000 S B AUTOMOBILELIABIUTY Ix ANYAUTO ALLOWNED X SCHEDULED ALTOS AUTOS . HIRED AUTOS X IA` UTOSWNED ACP 3006448544 2/26/2013 / / / / 2/26/2014 / / / / COMBINEDSINGLEUMIT 1 1 000.1 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE S C UMBRELLA LIAB EXCESS LIAB OCCUR CLAJMS.MADE NIA / / / / / / 1/Ol/2014 / / / / / / / / 1/02/2015 . / / EACH OCCURRENCE $ ' AGGREGATE $ DED I I RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY - Y / N ANY PROPRIETORIPARTNERIEXECLITIVE OFFICERIMEMBER EXCLUDED? 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