HomeMy WebLinkAbout2024-12-03; City Council; 01; Professional Services Agreement with Tributary LA Inc. for Landscape Plan Check and Inspection ServicesCA Review AF
Meeting Date: Dec. 3, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Mike Strong, Assistant Director Community Development
mike.strong@carlsbadca.gov, 442-339-2721
Subject: Professional Services Agreement with Tributary LA Inc. for Landscape
Plan Check and Inspection Services
Districts: All
Recommended Action
Adopt a resolution approving a professional services agreement with Tributary LA Inc. to
provide landscape plan check and inspection services in an amount not to exceed $250,000 per
year.
Executive Summary
The recommended action allows the city to proceed with a professional services agreement to
provide landscape plan check and inspection services for private and city-initiated development
projects. The agreement ensures that the landscape drawings and specifications are consistent
with applicable city standards and reviewed by a certified landscape architect.
City Council authorization of this professional services agreement is required under Carlsbad
Municipal Code Section 3.28.040 - Procurement and disposition responsibilities because the
annual amount of the agreement is more than $100,000. Costs for on-call, landscape plan check
and inspection services are recoverable through various developer deposits and user fees
collected by the city.
Explanation & Analysis
The City of Carlsbad has contracted with a professional landscape plan check and inspection
firm since 1989 to review landscape plans and provide inspection services. Using this service
gives the city access to specialized technical expertise and allows the city to provide consistent
response times to our customers despite fluctuations in workload.
Dugmore Design Studio Landscape Architecture has asked to cancel its current contract for the
services effective December 2024. In response, staff sought other bids for landscape plan check
and inspection services in September 2024.
Dec. 5, 2024 Item #1 Page 1 of 34
Staff issued a request for proposals for the city’s landscape plan check and inspection services
on Sept. 12, 2024. Seven proposals were received by the closing date of Oct. 8, 2024.
The proposals were evaluated against the following criteria:
1.Firm's approach to project management
2.Experience and expertise in the field of landscape architecture
3.Quality of work
4.Ability to perform services in a timely manner
5.Overall cost of the service
6.Past performance on similar projects
Tributary LA Inc. was ranked by the evaluation committee as the overall top-rated respondent.
Based on that evaluation, staff recommends entering into a five-year agreement -- with the
possibility of two one-year extensions — with Tributary LA Inc. to provide landscape plan check
and inspection services.
Fiscal Analysis
Fees for external plan check are passed through directly to the applicant, so there is no direct
fiscal impact to the city.
The cost of the new agreement is $250,000 per year and will take effect after contract
execution. The expenditure limit set for the agreement is the same as the current contract with
Dugmore Design Studio Landscape Architecture and was established based on project activity
anticipated for the current fiscal year.
Sufficient funds are available in the current operating budget for the start of the new contract.
The requested amount will be included in the operating budgets for fiscal year 2025-26, and
future years.
Next Steps
Once the agreement is fully executed, staff will issue a notice to proceed to Tributary LA Inc.
and it will begin to provide landscape plan check and inspection services. The agreement would
remain in effect through Dec. 2029, with a maximum of two, one-year extensions.
Environmental Evaluation
As noted in California Public Resources Code Section 21065, the award of a contract for
landscape plan check and inspection services does not require environmental review because it
does not qualify as a project within the meaning of the California Environmental Quality Act in
that it has no potential to cause either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment.
Exhibits
1.City Council resolution
Dec. 5, 2024 Item #1 Page 2 of 34
Exhibit 1
Dec. 3, 2024 Item #1 Page 3 of 34
RESOLUTION NO. 2024-263
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
TRIBUTARY LA INC. TO PROVIDE LANDSCAPE PLAN CHECK AND INSPECTION
SERVICES IN AN AMOUNT NOT TO EXCEED $250,000 PER YEAR
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is
necessary, desirable and in the public interest to acquire the services of a landscape plan check and
inspection firm; and
WHEREAS, on Sept. 12, 2024, the city published a Request for Proposal (RFP} inviting
proposals for the city's landscape plan check and inspection services on the city's website; and
WHEREAS, in accordance with the RFP the seven proposals received were evaluated using the
criteria outlined in the RFP; and
WHEREAS, based on evaluation criteria, a staff selection committee chose Tributary LA INC.;
and
WHEREAS, staff recommends City Council authorize the city manager to execute the
• Professional Service Agreement for five years and approve authorization for a maximum of two, one-
year extensions; and
WHEREAS, sufficient funds are available in the FY 2024/25 operating budget for the start of
the new contract and funds for future years will be requested in the operating budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Manager is authorized and directed to execute the Professional Services
Agreement (Attachment A} with Tributary LA INC., for a term of five years with a
maximum of two, one-year extensions in an amount not to exceed $250,000 per
agreement year.
Dec. 3, 2024 Item #1 Page 4 of 34
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 3rd day of December, 2024 by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Dec. 3, 2024 Item #1 Page 5 of 34
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AGREEMENT FOR LANDSCAPE PLANCHECK AND INSPECTION SERVICES
TRIBUTARY LA INC.
Attachment A
THIS AGREEMENT is made and entered into as of the ~ day of
D c:C-?:!::v::~ , 2024, by and between the City of Carlsbad, California, a municipal
corporation ("City") and Tributary LA Inc., a California corporation, ("Contractor").
RECITALS
A. City requires the professional services of a consultant who is experienced in landscape
plan review, inspection, and miscellaneous Planning inspection services for current planning.
B. Contractor has the necessary experience in providing professional services and advice
related to these professional services.
C. Contractor has submitted a proposal to the city and has affirmed its willingness and ability
to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that
are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this
Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan
Southern California area and will use reasonable diligence and best judgment while exercising its
professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of five (5) years from the date first above written.
The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or
parts thereof. Extensions will be based upon a satisfactory review of the Contractor's performance, City
needs, and appropriation of funds by the City Council. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not exceed
two hundred fifty thousand dollars ($250,000) per each year of the initial Agreement term. No other
compensation for the Services will be allowed except for items covered by subsequent amendments to
this Agreement. If the City elects to extend the Agreement, the amount shall not exceed two hundred fifty
thousand dollars ($250,000) per Agreement year. The City reserves the right to withhold a ten percent
(10%) retention until City has accepted the work and/or Services specified in Exhibit "A."
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Incremental payments, if applicable, should be made as outlined in attached Exhibit "A."
6.STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit
of Contractor's independent calling, and not as an employee of City. Contractor will be under control of
City only as to the result to be accomplished but will consult with City as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete compensation
to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of
Contractor or its agents, employees or subcontractors. City will not be required to pay any workers'
compensation insurance or unemployment contributions on behalf of Contractor or its employees or
subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers' compensation
payment which City may be required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct
the indemnification amount from any balance owing to Contractor.
6.1 Key Personnel. Contractor represents that the personnel approved by the City and listed herein
as “Key Personnel” will be dedicated to the performance of the Services for the duration of this
Agreement. In the event substitution of any Key Personnel becomes necessary due to the death or severe
illness or injury of such Key Personnel or if the Key Personnel leaves the employ of the Contractor, the
substituted Key Personnel shall be pre-approved in writing by City. Contractor shall obtain City's written
approval to remove any of the Key Personnel from the Services for any reason. Key Personnel are: Tom
Picard (Principal), Glen Brouwer (Partner), Kari Kiehnau (Landscape Architect), and Andrew Brouwer
(Assistant Landscape Architect).
7.SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City. If
Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and
omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the
subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor.
Nothing contained in this Agreement will create any contractual relationship between any subcontractor
of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind
every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement
applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved
in writing by City.
8.OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9.INDEMNIFICATION
Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City
and its officers, elected and appointed officials, employees and volunteers from and against all claims,
damages, losses and expenses including attorneys fees arising out of the performance of the work
described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any
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subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’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,
Contractor’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 Contractor, and, upon Contractor obtaining a
final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the
cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or
on behalf of an injured employee under the City’s self-administered workers’ compensation is included as
a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or
early termination of this Agreement.
10.INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all amendments,
insurance against claims for injuries to persons or damage to property which may arise out of or in
connection with performance of the services by Contractor or Contractor’s agents, representatives,
employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and
authorized to do business in the State of California. The insurance carrier is required to have a current
Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of
Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”;
OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC)
latest quarterly listings report.
10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an
additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis,
including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for
City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no
employees and provides, to City's satisfaction, a declaration stating this.
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10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession
with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years
following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General Liability which
shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be
written as claims-made coverage.
10.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires
and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.”
10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it
and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant
to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement,
Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages,
then City will have the option to declare Contractor in breach, or may purchase replacement insurance or
pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor
is responsible for any payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor under this
Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and
certified copies of any or all required insurance policies and endorsements.
11.BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as
may be amended from time-to-time.
12.ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of records and any other
documents created pursuant to this Agreement. Contractor will allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of four (4) years from the
date of final payment under this Agreement.
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13.OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this
Agreement is the property of City. In the event this Agreement is terminated, all work product produced
by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered
at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s
records.
14.COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor
relinquishes all claims to the copyrights in favor of City.
15.NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on behalf
of City and on behalf of Contractor under this Agreement are:
For City: For Contractor:
Name Cliff Jones Name Glen Brouwer
Title Principal Planner Title Project Manager/Partner
Dept Community Development Address 2725 Jefferson Street, Suite. 14
CITY OF CARLSBAD Carlsbad, CA 92008
Address 1635 Faraday Avenue Phone 760-434-9300 ext. 1001
Carlsbad, CA 92008 Email glen@trib-la.com
Phone 442-339-2613
Each party will notify the other immediately of any changes of address that would require any notice or
delivery to be directed to another address.
16.CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or
interests as required in the City of Carlsbad Conflict of Interest Code.
Yes ☒ No ☐
If yes, list the contact information below for all individuals required to file:
Name Email Phone Number
Tom Picard tom@tri-la.com
Glen Brouwer glen@trib-la.com 760-434-9300 ext. 1001
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17.GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which
in any manner affect those employed by Contractor, or in any way affect the performance of the Services
by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and
regulations and will be responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will
comply with those requirements, including, but not limited to, verifying the eligibility for employment of
all agents, employees, subcontractors and consultants whose services are required by this Agreement.
18.CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package
delivery vehicles operated in California may be subject to the California Air Resources Board (CARB)
Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce
emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage
at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
19.DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
20.DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will be used
to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties.
Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A
copy of such documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative receiving the letter
will reply to the letter along with a recommended method of resolution within ten (10) business days. If
the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will
be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended
by each party and may then opt to direct a solution to the problem. In such cases, the action of the City
Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the
parties from seeking remedies available to them at law.
21.TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate
this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City
decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City
may terminate this Agreement upon written notice to Contractor. Upon notification of termination,
Contractor has five (5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based upon the work
product delivered to City and of the percentage of work that Contractor has performed which is usable
and of worth to City in having the Agreement completed. Based upon that finding City will determine the
final payment of the Agreement.
City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor
may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of
termination of this Agreement by either party and upon request of City, Contractor will assemble the work
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product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed and
the compensation to be made.
22.COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other than a
bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award
or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this
Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent
fee.
23.CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be
asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of
litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to
City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this
Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public
entity. These provisions include false claims made with deliberate ignorance of the false information or in
reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the
False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor
acknowledges that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work
or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another
jurisdiction is grounds for City to terminate this Agreement.
24.JURISDICTION AND VENUE
This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at
law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for
by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of
California, and the parties waive all provisions of law providing for a change of venue in these proceedings
to any other county.
25.SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and
their respective successors. Neither this Agreement nor any part of it nor any monies due or to become
due under it may be assigned by Contractor without the prior consent of City, which shall not be
unreasonably withheld.
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26.THIRD PARTY RIGHTS
Nothing in this Agreement should be construed to give any rights or benefits to any party other than the
City and Contractor.
27.ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms of
the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be
amended, modified, waived or discharged except in a writing signed by both parties. This Agreement
may be executed in counterparts.
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28. AUTHORITY
The individuals executing this Agreement, and the instruments referenced in it on behalf of Contractor
each represent and warrant that they have the legal power, right and actual authority to bind Contractor
to the terms and conditions of this Agreement.
Executed by Contractor this 21st
TRIBUTARY LA INC., a California corporation
By:
(sign here)
Tom Picard -President
(print name/title)
By:
(sign here)
Glen Brouwer -Partner
(print name/title)
t
By:
ATTEST:
RLSBAD, a municipal corporation of
f California
City Manager
SHERRY FREISINGER, City Clerk
By: !li2
Deputy City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached. ~
corporation, Agreement must be signed by one corporate officer from each of the following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
BY: l~frot
Allegrarost
Senior Assistant City Attorney
City Attorney Approved Version 5/22/2024
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CITY OF CARLSBAD
Landscape Plan Review & Inspection Services
RFP 25.02 - 08 Oct 2024
Amber Dan
Contract Administrator
City of Carlsbad
Community Development Dept
1635 Faraday Avenue
Carlsbad, CA 92008
EXHIBIT "A"
SCOPE OF SERVICES
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8 October 2024
Amber Dan
Community Development Department
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
RE: RFP 25-02 – Landscape Plan Review & Inspection Services
Dear Amber,
We would like to introduce you to our landscape architecture firm, Tributary LA, Inc. The partners at
Tributary LA, Inc. have over 75 years combined experience providing creative, cost-effective design
solutions for projects that span from residential and commercial renovations to large scale master
planned communities, slope and open-space rehabilitation, parks, resorts and plan review services
for several homeowners’ associations. Tom Picard is the founder of Tributary LA, Inc. and has
steadily worked with the City of Chula Vista since 1990 on multiple master planned community
projects, most notably Otay Ranch in Chula Vista. Glen Brouwer, a partner in the firm, has a diverse
portfolio of projects including parks, commercial buildings, streetscapes, master planned communities,
multi-family developments, single family residences and has worked with the City of Dana Point on
several improvement projects over the last several years.
Tributary LA, Inc is a small firm of dedicated landscape architects, located in Carlsbad, whose goal is to
build long term relationships with our clients. We provide full landscape planning and design services
including construction administration, observation, and plan review. Our role is to assist and guide
our clients in the decision-making process and to provide them with unique design solutions that are
responsive to their program direction and budget. We have had success in building these relationships
in that many of our clients rely on us for all their landscape architecture needs.
Our diverse portfolio of project types and sizes provides us with the depth of experience to
understand the details of project development, planning and execution. We have and continue to
work on projects within the City of Carlsbad, so we are very familiar with the requirements of the City
of Carlsbad landscape manual. With that in mind, Tributary LA, Inc. would be the best choice for the
City of Carlsbad’s Landscape Plan Review and Inspection Services.
Best regards,
Glen Brouwer, ASLA
Partner
RLA #3465
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TABLE OF CONTENTS
FIRM’S RELEVANT EXPERIENCE 1
PLAN REVIEW AND INSPECTION EXPERIENCE 1
OTHER RELEVANT EXPERIENCE 2-4
APPROACH TO THE PROJECT 5
KEY PERSONNEL 6
TOM PICARD 6
GLEN BROUWER 7
KARI KIEHNAU 8
ANDREW BROUWER. 9
REFERENCES 10
COMPENSATION 11
HAND-OFF 12
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FIRM’S RELEVANT EXPERIENCE
In providing Landscape Plan Review and Inspection Services for the City of Carlsbad, we would
expect to be asked to work on a diverse mix of projects, from large to small projects, from new
construction to renovations. Tributary LA, Inc has provided design, design development, construction
documents and on-site construction reviews for all those project types. That experience yields a
deep understanding of how plan sets should be put together and how the implementation of those
plans needs to occur. In addition to that work, Tributary LA, Inc currently provides plan review
services for several homeowners’ associations. The following is a selection of projects that highlight
our diverse mix of projects and the plan review services:
Plan Review and Inspection Experience
Client: Powerstone Property Management
Project: Cota Vera Community Association, Chula Vista, CA
The scope of the work includes the review the plans for compliance with the approved
Community Association Community Design Guidelines & subsequent addendums and
provide comments relative to compliance. Upon the completion of the landscape
installation, Tributary LA, Inc reviews and verifies the installation for conformance to the
approved plans. Documentation is provided to the client at the plan review and the
installation stages as necessary to keep the client and applicant informed of the status
of the project.
Reference: Corinne Crawford, Director of New Community Development
ccrawford@powerstonepm.com (949) 508-1547
Client: Walters Management
Project: Escaya Community Association, Chula Vista, CA
The scope of the work includes the review the plans for compliance with the approved
Community Association Community Design Guidelines & subsequent addendums and
provide comments relative to compliance. Upon the completion of the landscape
installation, Tributary LA, Inc reviews and verifies the installation for conformance to the
approved plans. Documentation is provided to the client at the plan review and the
installation stages as necessary to keep the client and applicant informed of the status
of the project.
Reference: Rachel Garrett, Regional Vice President
rgarrett@waltersmanagement.com (619) 591-7250
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Other Relevant Experience
Client: City of Dana Point
Project: Shipwreck Park – Dana Point, CA
The scope of the work was to provide design and construction drawings and
construction review for the renovation of Shipwreck Park, a small neighborhood park
located off of Golden Lantern in the City of Dana Point. The park design included the
following elements:
o New play equipment and safety surfacing.
o Re-design of the hardscape to provide accessible access to all areas of the park.
o New furnishing and fencing
We worked with city staff to understand the limits and challenges of the site and
designed ways to overcome the challenges. We found we were able to keep the general
layout of the play area but could provide additional play space by eliminating a wall that
separated the spaces. We also were able to re-design the hardscape to allow the entire
play area to be accessible. During the construction we reviewed all aspects of the
installation from the layout of the paving to the installation of the play equipment all the
way through a final review of the installation. The construction was completed in early
2022.
Reference: Matthew Sinacori – Public Works Director/City Engineer (949) 248-3574
Client: City of Dana Point
Project: Pacific Coast Highway/Del Prado – Dana Point, CA
The overall scope of the project was the realignment of Pacific Coast Highway and Del
Prado from one way streets to two way streets including the addition of pedestrian
friendly access and street furnishings. The city contracted with ROMA Design Group to
provide the design and master planning of the project and at the request of city staff,
ROMA contracted with Tributary LA, Inc to provide planting design and construction
documents. The areas included medians and street edges along Pacific Coast Highway
and Del Prado as well as some of the connecting streets. We coordinated with city staff
and with ROMA to develop a plant palette that met the needs of the design and would be
easy to maintain. We provided irrigation and planting construction documents as well as
specifications formatted to meet the city’s approval. The construction reviews included
hardscape layout reviews, staking the tree locations, irrigation coverage tests, shrub
layouts and other miscellaneous items.
Reference: Matthew Sinacori – Public Works Director/City Engineer (949) 248-3574
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Client: City of Dana Point
Project: Crown Valley Parkway – Dana Point, CA
This project consisted of the renovation of an approximately 3/4 mile portion of median in
Crown Valley Parkway. The median was all turf and some small trees that were not
performing well. We coordinated with city staff to develop a plant palette that would
continue the city’s tropical character but also bring in lower water using species to
address current water requirements. We then worked with city staff on the presentation
of the project to the city council for conceptual approval. During the design development
process, we coordinated with city staff on a number of utilities in the street as well as with
adjacent residences to ensure trees would not affect any views. Part of the design
included providing areas where the median could be maintained. This was done using a
narrow meandering, decorative gravel paved area that provided interest and safe areas
for maintenance workers. We provided irrigation and planting construction documents as
well as specifications formatted to meet the city’s approval. Construction reviews
included the coordination and layout of the trees relative to the utilities, layout of the
gravel paved areas, shrub layouts and irrigation reviews.
Reference: Matthew Sinacori – Public Works Director/City Engineer (949) 248-3574
Client: Rancho Mission Viejo Company
Project: South Plunge, Rancho Mission Viejo, CA
The South Plunge is a recreation center designed for the master planned community of
Sendero. This recreation center was envisioned as a small water play area for young
children and families. The design includes a curvilinear pool that varies in depth from 3 to
5 feet, a water play area with pop-jet fountains and other equipment, two dining areas, a
shade structure and barbecues. The planting design consisted of low water using plant
species that provided interest and color all year round. We included some lawn area for
children to play as well. We provided full landscape design and construction services
throughout the project. The construction services on this project included bi-weekly
construction meetings where all aspects of the construction were coordinated.
Reference: Jennifer Taylor – Rancho Mission Viejo Company (949) 240-3363.
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Client: Rancho Mission Viejo Company
Project: Esencia Green, Rancho Mission Viejo, CA
Esencia Green was envisioned as a central gathering space for the community of Esencia
in Rancho Mission Viejo. The design included a modern expression of a band shell that
includes a raised stage area and restrooms. Adjacent to the building is a dining and
lounge area with barbecues among a grove of trees. Facing the band shell is a large
sloped turf area for seating during events. Throughout the park there are small, informal
seating spaces nestled into planting areas. We included a large Deodar Cedar as the
community Christmas tree and an area with play equipment for small children. The
planting design consisted of low water using plant species that provided interest and color
all year round. We provided full landscape design and construction services throughout
the project. The construction services on this project included bi-weekly construction
meetings where all aspects of the construction were coordinated.
Reference: Jennifer Taylor – Rancho Mission Viejo Company (949) 240-3363.
Client: Home Fed Corporation in cooperation with the City of Chula Vista
Projects: The Village of Escaya (Otay Ranch, Village 3)
The Village of Cota Vera (Otay Ranch, Village 8 West)
In cooperation with City of Chula Vista staff, Tributary LA, Inc. was an important
member of the planning and design through the preparation of the Sectional Planning
Area (SPA) documents, Landscape Master Plan (LMP), off-site roadway landscape
improvement plans, community identification programming, slope and open-space
restoration and a neighborhood park and dog park. Tributary LA, Inc has been working
with City staff for over 35 years and has always found it vital to develop and maintain a
respectful relationship with City Staff, the Owner, Consultants & Contractors.
Tributary LA, Inc. was responsible for preparing landscape construction drawings for all
major roadways, in-tract street improvements, perimeter slope restoration, community
identification markers, fitness lots, Borden Park and Dog Park and Central Square Park
and Bark Park. In Cota Vera the integration of art and the use of local artist became a
key component to all programing, as is evident in Central Square Park. Throughout the
implementation of the construction of these projects, Tributary LA, Inc. reviewed many
different aspects of the construction and coordinated changes as needed.
In addition, Tom was instrumental in working with the Otay Water District and County of
San Diego Department of Environmental Health, in responding to the State of California
Water Resource Control Board in developing new protocols, details & language related
to the States policies on recycled water & dual plumb systems.
The Village of Escaya started construction in 2015 and was completed late 2023.
The Village of Cota Vera started construction in 2019 and will be completed in 2024.
Reference: Kent Aden - Home Fed Corporation, Senior Vice President
(760)918-8200
Brandon DiPietro – Otay Water District, Field Manager
(619) 987-637
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APPROACH
A.TASK UNDERSTANDING
Tributary LA, Inc. understands that the scope of work may involve either new landscape
improvement plans, or the addition or renovation of existing landscapes within the City of Carlsbad.
The reviews would include landscape and irrigation plans from the conceptual stage through the final
approval of the construction documents. After the approval field reviews of the construction
implementation would be performed as needed.
B.METHODS AND TECHNIQUES
Tributary LA, Inc is located approximately 6 miles from the city’s offices and thus would be able to
pick up and deliver plans as they become available or completed. Also, we currently use Adobe
Acrobat for portions of our work, so we could easily accommodate a change to a digital plan check
process, should that be the direction the city desires.
We currently set aside a portion of the work week for the review of any landscape plan submittals
that we receive. We envision expanding that time frame to accommodate for the new workload of
plan submittals from the city. Generally, the plan review would be a task performed by one of the
partners or a project landscape architect. All of whom would be licensed landscape architects and
would understand the requirements of the City of Carlsbad Landscape Manual. Our current
workload of reviews has a first submittal turn around time of approximately two weeks depending on
the quantity of plans received. When we add the plan reviews from the city to this, we see that
turnaround time needing to expand to four weeks to be able to fully review the plans and provide the
comments. The inspections of the installations would be accommodated as needed. Since we are
located in Carlsbad, we have the ability to be flexible and accessible.
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KEY PERSONNEL
TOM PICARD, ASLA
PRINCIPAL
Tom Picard’s career started in the construction industry and continued working as a contractor while
he pursued his degree at Arizona State University. Prior to graduating, Tom was hired by DeWeese-
Burton Associates, where his career was channeled to the development of master planning
communities. Prior to initiating Tributary LA, Inc. Tom was a project manager for master planned
communities including Carmel Valley (San Diego), Costa Verde (San Diego), Fair Oaks Ranch (Santa
Clarita), Rolling Hills Ranch, (Chula Vista) and Otay Ranch (Chula Vista). Otay Ranch has become
the signature community for Tom, as he’s been integral to this project since 1990 and this master
plan work continues now and will continue into the foreseeable future.
Tom launched Tributary LA, Inc. in 2004 and has completed a wide variety of project types
including: planning documents, streetscape, off-site infrastructure, slope and open-space
restoration, fuel modification, parks, community centers, multi-family complexes, mixed-use centers,
senior housing, schools, churches, model homes and several other components that make up of
communities, as listed below. Tom was released a couple of years ago to create a beautiful park in
the master planned community of Cota Vera, where a unique adaptation of art and use of creative
amenities was the focus, as well as the community’s history. This park has recently been completed
and the integration of art and an unleashed palette of creativity makes this park one of Tom’s
favorite projects. Tom is an integral part of the plan and project construction review that the firm
provides for several property management companies.
EDUCATION
B.A. Urban Planning, Arizona State University, Tempe, 1987
PROFESSIONAL REGISTRATION I AFFILIATIONS
California Licensed Landscape Architect, #4001
American Society of Landscape Architects, Member
Certified Irrigation Auditor
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GLEN BROUWER, ASLA
PARTNER
Glen Brouwer joined Tributary LA in 2021 after closing his design firm, Integration Design Studio.
He brings extensive experience in planning, design, and construction of a wide range of projects to
our team. Glen’s projects include large community parks to smaller neighborhood parks, recreation
centers, city streetscapes and model homes. He provides leadership and design skills needed to
successfully manage diverse program requirements, construction budgets, plan and construction
review and teams of consultants. Glen has managed and was an integral part of the design team for
some of the most prestigious master planned communities in Southern CA. Projects include Sendero
and Esencia for Rancho Mission Viejo Company and several multi-family projects for California
Pacific Homes in Irvine. Amenities for these projects include gated entries, common area slopes and
streetscapes, parks and recreation centers.
He has also worked with the City of Dana Point on a number of new improvements, park and
streetscape renovations, and is currently working with them on a connectivity project. Projects
include the addition of planted medians on Pacific Coast Highway; the upgrade of Pacific Coast
Highway and Del Prado downtown area; the renovation of Shipwreck Park and the renovation of the
planted medians in Crown Valley Parkway. Glen also managed the Headlands Reserve project in
Dana Point. This community includes three public parks with public art requirements, trail systems,
habitat restoration and 125 ocean view lots.
EDUCATION
B.S. in Landscape Architecture, California State Polytechnic University, Pomona, 1988
PROFESSIONAL REGISTRATION I AFFILIATIONS
California Licensed Landscape Architect, #3465
American Society of Landscape Architects, Member
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KARI KIEHNAU, ASLA
LANDSCAPE ARCHITECT
Kari Kiehnau joined Tributary LA, Inc in June of 2021. Prior to that she was a major part of
Integration Design Studio who she joined in June 2005, after graduating from University of
Wisconsin with a bachelor’s degree in landscape architecture in 2003. Kari is also a licensed
landscape architect.
Kari is responsible for developing the design ideas and concepts and translating them into precise
construction documents. She works closely with design team members of other consulting firms
including architects, engineers, irrigation consultants, etc. and has a strong understanding of
AutoCAD, Sketchup, InDesign, Illustrator, Photoshop, and other programs.
As a Project Landscape Architect, Kari has managed projects that vary in size from single family
residences to large master planned communities. She has developed plans for several master
planned communities such as The Strand at Headlands that includes 3 public parks, private gated
entries and large slope areas; Sendero and Esencia at Rancho Mission Viejo that include slopes and
streetscapes. In addition to those projects, Kari has worked a number of park and streetscape
improvements within the City of Dana Point, including the addition of planted medians on Pacific
Coast Highway; the upgrade of Pacific Coast Highway and Del Prado downtown area; the
renovation of Shipwreck Park and the renovation of the planted medians in Crown Valley Parkway.
Karis is currently working on master plan documents and construction documents for a pair of new
planning areas in Chula Vista.
EDUCATION
B.S. in Landscape Architecture, University of Wisconsin, Madison, 2003
PROFESSIONAL REGISTRATION I AFFILIATIONS
California Licensed Landscape Architect, #5709
American Society of Landscape Architects, Member
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ANDREW BROUWER,
ASSISTANT LANDSCAPE ARCHITECT
Andrew Brouwer joined Tributary LA, Inc in June 2021. Prior to that he was an essential part of
Integration Design Studio where he worked for seven years, after working two years as an estimator
for a large landscape construction company. Andrew graduated with a Bachelor of Landscape
Architecture degree in 2012 from Cal Poly San Luis Obispo.
Andrew is responsible for taking the design ideas and concepts and translating them into precise
construction documents. He works closely with design team members of other consulting firms
including architects, engineers, irrigation consultants, etc. and has a strong understanding of
AutoCAD, Sketchup, Photoshop and other programs.
As an Assistant Project Landscape Architect, Andrew has worked on several large apartment
community renovations for Irvine Company including The Colony Newport Beach, The Villages
Mission Valley, Torrey Hills, Torrey Villas, and Torrey Ridge. The projects included the renovation of
large planted common areas, recreation areas, and project entries. Tasks included the site
evaluation of plant material and hardscapes, producing evaluation plans and proposing solutions to
the renovations to the internal design team. Using the design direction provided, Andrew produced
precise construction drawings for the project.
Andrew also has produced graphics and construction documents for several park and streetscape
projects completed for the city of Dana Point.
EDUCATION
Bachelor of Landscape Architecture, California Polytechnic State University, San Luis Obispo 2012.
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REFERENCES
Corinne Crawford
Director of New Community Development
Powerstone Property Management
ccrawford@powerstonepm.com
(949) 508-1547
Rachel Garrett
Regional Vice President
Walters Management
rgarrett@waltersmanagement.com
(619) 591-7250
Matt Sinacori
Public Works Director/City Engineer
Public Works and Engineering Services
City of Dana Point
msinacori@danapoint.org
(949) 248-3574
Jennifer Taylor
Senior Director – Amenity and Landscape Design
Rancho Mission Viejp
jtaylor@ranchomv.com
(949) 240-3363
Bill McKibbin
Vice President of Development
California Pacific Homes
bmckibbin@calpacifichomes.com
(949) 833-6104
Kent Aden
Senior Vice President of Development
Home Fed Corporation
kaden@hfc-ca.com
(760) 918-8200
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COMPENSATION
Our standard method of compensation for plan review services is a lump sum fee for each submittal.
With the first submittal having a larger fee and the subsequent submittals having a lower fee. The
plan review fees would be based on the project size and potential time required to review the plans.
We generally are compensated at an hourly rate for meetings and on-site construction reviews.
Our hourly rates are as follows:
Partner $150.00/hr
Project Landscape Architect $115.00/hr
Assistant Project Landscape Architect $105.00/hr
Production $85.00/hr
Our reimbursable expenses are generally invoiced to the Client at cost plus 10%. The common
reimbursable expenses are as follows:
o Costs for photographic, xerographic, plotting, scanning and delivery services.
o Express mailing, delivery, and/or shipping costs.
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HAND-OFF
Since Tributary LA, Inc and Glen Brouwer specifically has had several plan sets approved through the
city, we feel we have a good working relationship with the current plan check contractor. We imagine
the hand-off would be easily worked through. Our goal would be to meet with the current contractor
to understand what systems he has in place for the plan check process and if those systems work well,
we’d implement that in our office or look at changes as needed. We’d also discuss what stage each of
the current plan checks are in and the process and the timing for each of these, so we can meet any
current/future deadlines. Our hope would be that the current contractor would be available for
some time after the hand-off for questions on the projects that were begun under his review. If there
are any field inspections scheduled, we would do our best to accommodate those.
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2725 Jefferson Street, Suite 14 Carlsbad, California 92008
Phone: (760) 434 -9300
Landscape Plan Check and Inspection Fees
12/04/2024 – 12/03 /2025
CONCEPT PLAN REVIEW FEES
Submittal Fees
Landscape Concept Plan Review Fees FIRST REVIEW – THIRD REVIEWS
The fee covers up to 3 reviews.
First Review $1,440 (1st - $650, 2nd – $500, 3rd – $290)
Landscape Concept Plan Review Fees FOURTH AND SUBSEQUENT REVIEWS
A fee is charged for the 4th and each subsequent review.
Fourth Review $380
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LANDSCAPE CONSTRUCTION DRAWING PLAN REVIEW FEES
Submittal Fees
Landscape Improvement Plan Check Fees FIRST REVIEW – THIRD REVIEWS
Per estimated costs of improvements.
The fee covers up to 3 reviews.
$0 to $20,000 $1,385
$20,001 to $50,000 $1,710
$50,001 to $100,000 $2,240
$100,001 to $250,000 $3,550
$250,001 to $500,000 $3,940
$500,001 to $1,000,000 $4,460
$1,000,001 and over $6,700
Landscape Improvement Plan Check Fees FOURTH AND SUBSEQUENT REVIEWS
Per estimated costs of improvements.
A fee is charged for the 4th and each subsequent review.
$0 to $20,000 $220
$20,001 to $50,000 $220
$50,001 to $100,000 $220
$100,001 to $250,000 $335
$250,001 to $500,000 $335
$500,001 to $1,000,000 $335
$1,000,001 and over $335
Note: Landscape inspection fees are also collected at time of initial submittal.
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LANDSCAPE INSPECTION FEES
Submittal Fees
Landscape Inspection Fees (Occupancy) FIRST REVIEW – THIRD REVIEWS
Per estimated costs of improvements.
The fee covers up to 3 inspections.
$0 to $20,000 $1,050 (1st - $470, 2nd – $360, 3rd – $220)
$20,001 to $50,000 $1,050 (1st - $470, 2nd – $360, 3rd – $220)
$50,001 to $100,000 $1,050 (1st - $470, 2nd – $360, 3rd – $220)
$100,001 to $250,000 $1,200 (1st - $540, 2nd – $420, 3rd – $240)
$250,001 to $750,000 $1,350 (1st - $605, 2nd – $470, 3rd – $275)
$750,001 and over $1,350 (1st - $605, 2nd – $470, 3rd – $275)
Landscape Inspection Fees (Occupancy) FOURTH AND SUBSEQUENT REVIEWS
Per estimated costs of improvements.
A fee is charged for the 4th and each subsequent review.
$0 to $20,000 $300
$20,001 to $50,000 $300
$50,001 to $100,000 $300
$100,001 to $250,000 $300
$250,001 to $750,000 $450
$750,001 and over $450
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CONSTRUCTION CHANGE REVIEW FEES
Landscape Major Change Review Plan Check Fees FIRST REVIEW – THIRD REVIEWS
The fee covers up to 3 reviews.
Per Sheet Fee $230
Landscape Minor Change Review Plan Check Fees FIRST REVIEW – THIRD REVIEWS
The fee covers up to 3 reviews.
Per Sheet Fee $150
Landscape Major/Minor Review Plan Check Fees FOURTH AND SUBSEQUENT REVIEWS
Per estimated costs of improvements
A fee is charged for the 4th and each subsequent review.
$0 to $20,000 $230
$20,001 to $50,000 $230
$50,001 to $100,000 $230
$100,001 to $250,000 $345
$250,001 to $500,000 $345
$500,001 to $1,000,000 $345
$1,000,001 and over $345
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AS-BUILT DRAWING PLAN REVIEW FEES
Landscape Improvement Plan Check Fees FIRST REVIEW – THIRD REVIEWS
Per estimated costs of improvements
The fee covers up to 3 reviews.
$0 to $20,000 $610
$20,001 to $50,000 $645
$50,001 to $100,000 $760
$100,001 to $250,000 $760
$250,001 to $500,000 $875
$500,001 to $1,000,000 $910
$1,000,001 and over $1,175
Landscape Improvement Plan Check Fees FOURTH AND SUBSEQUENT REVIEWS
Per estimated costs of improvements.
A fee is charged for the 4th and each subsequent review.
$0 to $20,000 $115
$20,001 to $50,000 $115
$50,001 to $100,000 $115
$100,001 to $250,000 $115
$250,001 to $750,000 $150
$750,001 and over $150
Docusign Envelope ID: 11462B5D-2904-4695-8B33-21AFC5CA35E4Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4
Dec. 5, 2024 Item #1 Page 33 of 34
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Docusign Envelope ID: FAE9C802-10DE-44F7-BEEF-C6721AD758C4
Dec. 5, 2024 Item #1 Page 34 of 34
CORPORAT(; R(;SOLUTION
The undersigned members of Tributary LA, Inc, a California limited liability company hereby adopts
the following resolution:
Resolved:
R(;SOLV(;D, that the President and Cf=O, Thomas Picard, hereby authorizes Glen Brouwer to execute,
and sign on behalf of Tributary LA, Inc any and all contracts, agreements, documents, legal instruments,
and other official papers necessary for the conduct of the Company's business, including entering into
binding agreements, with the power to act alone in such matters.
This consent may be executed in two or more counterparts, each of which shall be deemed an original,
and all of which shall be deemed one instrument.
IN WITN(;SS Wl-l(;R(;Of=, the undersigned members have duly executed this written consent and is
effective as of November 13, 2024
Tom Picard
President and Cf=O
2725 Jefferson Street, Suite 14 Carlsbad, California 92008
Phone: (760)434-9300