Legislation Details

File #: WRAA 26-001    Name: 4-13-2026 Downey Brand Amendment No. 2
Type: WR Agreement Status: Passed
File created: 4/13/2026 In control: Board of Supervisors of the Monterey County Water Resources Agency
On agenda: 4/28/2026 Final action: 4/28/2026
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.
Attachments: 1. Board Report, 2. 1: Draft Amendment No. 2_Downey Brand, 3. 2: Amendment No. 1_Downey Brand 4-14-2023, 4. 3: Agreement_Downey Brand 1-1-2021
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 A...

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