Title
a. Approve Amendment No. 2 to the Agreement for Specialized Advisory, Transactional and Pre-Litigation Attorney Services (“Agreement”) with Downey Brand, LLP, originally executed on January 1, 2021, and previously amended by Amendment No. 1 on April 14, 2023, to increase the contract amount by $150,000 for a total amount not to exceed $500,000; and
b. Authorize the Water Resources Agency General Manager to execute Amendment No. 2.
Report
RECOMMENDATION:
a. Approve Amendment No. 2 to the Agreement for Specialized Advisory, Transactional and Pre-Litigation Attorney Services (“Agreement”) with Downey Brand, LLP, originally executed on January 1, 2021, and previously amended by Amendment No. 1 on April 14, 2023, to increase the contract amount by $150,000, for a total amount not to exceed $500,000; and
b. Authorize the Water Resources Agency General Manager to execute Amendment No. 2.
SUMMARY/DISCUSSION:
On January 1, 2021, the Monterey County Water Resources Agency (“Agency”) entered into an Agreement with Downey Brand, LLP (“Downey Brand”) for specialized advisory, transactional, and pre-litigation attorney services, with a total contract amount not to exceed $100,000.
On April 14, 2023, the Agency approved Amendment No. 1, which increased the contract amount by $250,000, for a revised total amount not to exceed $350,000. This increase included the transfer of unexpended funds from the Interlake Tunnel Agreement, allowing the Agency to consolidate services under a single agreement.
Downey Brand continues to provide specialized legal services to the Agency, including advisory, transactional, and pre-litigation services related to complex water resources matters, including the Interlake Tunnel project and other Agency priorities.
Amendment No. 2 will increase the contract amount by an additional $150,000, for a new total contract amount not to exceed $500,000, to allow for the continued provision of these services.
All other terms and conditions of the Agreement, as previously amended, remain unchanged and in full force and effect.
OTHER AGENCY INVOLVEMENT:
County Counsel has reviewed and approved the Amendment as to form; the Auditor-Controller has reviewed and approved as to fiscal provisions; and Risk Management has reviewed insurance and indemnity provisions.
FINANCING:
Approval of Amendment No. 2 will increase the total contract amount by $150,000, for a cumulative total not to exceed $500,000. Funding for these services is included in the Agency’s adopted budget, and future appropriations will be included in subsequent fiscal year budgets as necessary.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
The recommended action supports the Board’s Strategic Plan Goals of Well-Being and Quality of Life and Safe and Resilient Communities by supporting legal services necessary to manage water resources, infrastructure, and environmental compliance.
Mark a check to the related Board of Supervisors Strategic Plan Goals:
X Well-Being and Quality of Life
____ Sustainable Infrastructure for the Present and Future
X Safe and Resilient Communities
____ Diverse and Thriving Economy
Prepared and Approved by: Kelly L. Donlon, Chief Assistant County Counsel, x5045
Attachments:
1: Draft Amendment No. 2
2: Fully Executed Amendment No. 1 dated April 14, 2023
3: Fully Executed Agreement dated January 1, 2021