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01/ <br /> COUNTY OF HAWAII i•'i"„t':•`: STATE OF HAWAII <br /> RESOLUTION NO. 134 17 <br /> A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL TO <br /> PROVIDE THE HAWAII COUNTY COUNCIL OBJECTIVE,COMPREHENSIVE <br /> LEGAL SERVICES REGARDING THE CANCELLATION OF THE SERVICE <br /> AGREEMENT BETWEEN THE COUNTY OF HAWAII AND HAWAIIAN EARTH <br /> RECYCLING, LLC. <br /> WHEREAS, the Hawai`i County Charter (2016 Edition), provides in Article VI, Chapter <br /> 5, Section 6-5.5 that"[t]he council, may,by two-thirds vote of its entire membership, authorize <br /> the employment of special counsel for any special matter presenting a real necessity for such <br /> employment"; and <br /> WHEREAS, the County Council requires legal consultation on matters that the Office of <br /> the Corporation Counsel has rendered itself unable to opine upon in an objective and <br /> comprehensive manner, due to the Corporation Counsel's vigorous defense and representation <br /> of the Mayor's position regarding the cancelling of the Service Agreement for an Organic Waste <br /> Diversion Program on East Hawai`i and West Hawaii between the County of Hawai`i and <br /> Hawaiian Earth Recycling, LLC (hereinafter"Contract"); and <br /> WHEREAS,the Office of the Corporation Counsel has clearly articulated its position on <br /> the cancellation of the Contract via public statements during the March 7, 2017, Committee on <br /> Environmental Management meeting,during an executive session held on March 21, 2017, of <br /> that same committee, and per Mr. Joseph Kamelamela's March 6, 2017, letter to Mr. John <br /> Brigham (Senior Vice President of Hawaiian Earth Recycling, LLC); and <br /> WHEREAS, the March 6, 2017, letter from the Corporation Counsel includes strong, <br /> unambiguous statements, such as: <br /> (1) "Instead of complying with the contractual terms delineated in Section 15.6, HER attempts <br /> to convince the County to rescind its Termination Notice by making specious allegations of <br /> bad faith, and misrepresentations as to the operation of the provisions of the contract."; <br /> (2) "HER would be well advised to not attempt to unjustly enrich itself through unjustifiable <br /> claims and demands for additional payments that are not supported by the Contract or <br /> law."; <br /> (3) "HER cannot prevail in a bad faith suit against the County because there is not a scintilla of <br /> evidence for its claim."; and <br />