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COUNTY OF HAWAI`I •_ .:- '�_• STATE OF HAWAI`I <br /> .*%.............. <br /> RESOLUTION NO. 372 23 <br /> RESOLUTION AUTHORIZING: (1) THE HIRING OF SCHLACK ITO,A LIMITED <br /> LIABILITY LAW COMPANY,AS SPECIAL COUNSEL TO REPRESENT THE <br /> COUNTY OF HAWAI`I IN HUI MAMMA HONOKOHAU V. COUNTY OFHAWAII, <br /> CIVIL NO. 1:23-CV-00393; AND (2) THE PAYMENT OF FUNDS OF A LATER FISCAL <br /> YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR <br /> AGREEMENT WITH SPECIAL COUNSEL FOR THE COUNTY'S LEGAL DEFENSE <br /> IN HUI MALAMA HONOKOHAU V. COUNTY OFHAWAII, CIVIL NO. 1:23-CV-00393 <br /> WHEREAS, Hawai`i County Charter("Charter") § 6-5.5 (Special Counsel)provides the <br /> Hawai`i County Council may approve by two-thirds vote of its entire membership the <br /> employment of Special Counsel, for any special matter presenting a real necessity for such <br /> employment; and , <br /> WHEREAS, Charter § 6-5.5 states any such authorization for the employment of Special <br /> Counsel shall specify the compensation to be paid for services; and <br /> WHEREAS,the County of Hawaii ("County") is named Defendant in the citizens' <br /> Clean Water Act("CWA") civil action regarding the County's Kealakehe Wastewater Treatment <br /> Plant titled Hui Malama Honokohau v. County of Hawai`i, Civil No. 1:23-cv-00393, commenced <br /> in the United States District Court for the District of Hawaii on September 25, 2023 <br /> ("Lawsuit"); <br /> WHEREAS,the Office of the Corporation Counsel ("Corporation Counsel") does not <br /> have the expertise and personnel resources to provide the level of legal services necessary to <br /> represent the County in, and defend the County against,the Lawsuit; and <br /> WHEREAS,there is a real necessity for Special Counsel to represent the County,in, and. <br /> defend the County against,the Lawsuit; and <br /> WHEREAS,pursuant to Hawaii Procurement Code, Hawai`i Revised Statutes ("Haw. • <br /> Rev. Stat.") §103D-304 (2012), Corporation Counsel caused to be published a Notice to <br /> Providers of Legal Professional Services ("Notice"), and received timely responses; and <br /> WHEREAS, Schlack Ito, a Limited Liability Law Company ("Schlack°Ito")was one of <br /> the providers that responded to the Notice; and <br />