RES 049 Draft 01 2024-2026 - Laserfiche WebLink

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WHEREAS, pursuant to Resolution 372-23 Draft 2, resolution of the Lawsuit via alternative dispute resolution has been a priority. To date, the parties have settled the liability phase of the case, have participated in numerous settlement discussions with and without the judge, and exchanged multiple settlement offers including one made since the new administration has taken office. Further, the County is on track to submit an application for a NPDES permit with the State of Hawaii on or before January 2, 2025, as required by the phase one settlement; and WHEREAS, resolution of the Lawsuit requires the County to incur Special Counsel fees and costs exceeding the $200,000 authorized by Resolution 372-23 Draft 2; and WHEREAS, on November 22, 2024, the Court set trial for February 24, 2026. A further settlement conference is scheduled for February 20, 2025; and WHEREAS, there is a real necessity for Special Counsel to continue representing the County in the Lawsuit and related matters; and WHEREAS, there is an additional Three Hundred Thousand Dollars ($300,000.00) allocated for legal services to be rendered by Special Counsel; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that: Pursuant to Charter § 6-5.5 (Special Counsel) the County Council authorizes the continued retention of Special Counsel to represent the County and provide legal services in the Lawsuit; and 2. The funds for the Special Counsel shall not exceed Five Hundred Thousand Dollars ($500,000.00) ($200,000 per Resolution No. 372-23 and $300,000 per this authorization.) 2