RES 372 Draft 01 2022-2024 - Laserfiche WebLink

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WHEREAS,pursuant to Haw. Rev. Stat. §103D-304, a selection committee of three people was formed to review and rate all qualified providers ("Selection Committee"); and WHEREAS,the Selection Committee selected Schlack Ito as the provider who could best serve the County based on the selection criteria set forth in Haw. Rev. Stat. §103D-304(e), including Schlack Ito's experience and professional qualifications relevant to the project type; the past performance on projects of similar scope; the capacity to accomplish the work in the required time; and any additional criteria determined in writing by the Selection Committee to be relevant to the Corporation Counsel's needs; and WHEREAS, based upon the estimated value, scope, complexity, and nature of the services rendered, Schlack Ito's rate of compensation is fair and reasonable; and WHEREAS,there is $200,000.00 budgeted for legal services to be rendered by Special Counsel; WHEREAS,pursuant to Charter §10-11, any contract, lease or other obligation requiring payment of funds from the appropriations of a later fiscal year or of more than one fiscal year shall be approved by resolution; and WHEREAS, due to the complexity and scope of the issues raised in the Lawsuit, the Lawsuit has the potential to last years; and WHEREAS, 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; and WHEREAS,pursuant to Charter § 6-5.5, Corporation Counsel wishes to enter into a multi-year agreement with Schlack Ito to provide the County's legal defense in the Lawsuit for the Lawsuit's duration; and WHEREAS,the Schlack Ito was duly selected in compliance with the procurement of professional services under Haw. Rev. Stat. § 103D-304; and WHEREAS,the agreement is anticipated to cover the Lawsuit's duration, commencing on or about December 11, 2023; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that: 1. Pursuant to Charter § 6-5.5 (Special Counsel),the County Council authorizes the retention of Schlack Ito as Special Counsel to represent the County in, and defend the County against,the Lawsuit; 2. The funds for the Special Counsel shall not exceed $200,000.00. 2