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The unincorporated association known as HUI MALAMA HONOKOHAU ("Plaintiff') named the County as Defendant in the Lawsuit. Corporation Counsel does not currently have the expertise, personnel, and resources to provide the necessary level of legal services needed for the Lawsuit. Corporation Counsel has procured the professional legal services of Schlack Ito to represent the County in, and defend the County against, the Lawsuit. Pursuant to HRS §103D-304 (2012) (Procurement of professional services), Corporation Counsel convened a selection committee to rank and evaluate five (5) potential law firms for the consideration of Special Counsel. Schlack Ito was ranked the highest. Corporation Counsel now seeks approval pursuant to Charter§ 6-5.5, to employ Schlack Ito. Furthermore, Corporation Counsel wishes to enter into a multi-year agreement with Schlack Ito for professional legal services for the duration of the Lawsuit. A multi-year agreement will allow the County to employ Special Counsel who can provide services on a continuing and consistent basis for the Lawsuit's duration. As the Lawsuit relates to alleged violations of the CWA at the County's Kealakehe Wastewater Treatment Plant, the Lawsuit has the potential to last years given scope and complexity of the issues involved. It would be in the County's best interest to employ a Special Counsel who is familiar with the CWA litigation, environmental law dispute resolution and factors unique to the County and to maintain consistency in managing and handling County's defense in the Lawsuit. Corporation Counsel seeks to execute an agreement with Schlack Ito for services to commence on Monday, December 11, 2023 and last for the duration of the Lawsuit. Pursuant to Section 10-11 of the Hawaii County Charter, the Council, by resolution, must authorize the payment of funds of a later fiscal year and of more than one fiscal year. Schlack Ito will be responsible for representing the County in, and defending the County against, the Lawsuit, including but not limited to: -the investigation of Plaintiff's CWA claims in the Lawsuit; -the drafting, preparation, filing and service of all court pleadings, motions, briefs, and other necessary court filings; -appearances at all court hearings, trial and other court proceedings before the United States District Court for the District of Hawaii, United States Court of Appeals for the Ninth Circuit, Supreme Court of the United States, and Supreme Court of Hawaii; -the discovery process, including all written discovery requests and the depositions of all witnesses, parties and experts; -alternative dispute resolution proceedings, including but not limited to mediation; and -general advising and consulting with County representatives regarding the Lawsuit and related matters. —DDigieta2ly02 s3ig1n7e1d6 byE:3liz3a4b6e-t1h0 S0tr0ce SIGNED: DATE: Department Head