RES 134 Draft 01 2016-2018 - Laserfiche WebLink

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WHEREAS, due to the potential for legal action being taken against the County of Hawaii and the negative financial impacts that the Administration's actions could have to our taxpayers relating thereto, and also what appears to be a summary dismissal and lack of serious consideration on the part of the Corporation Counsel of such potential impacts, the County Council believes that it is in the best interest of the County to seek objective, comprehensive legal counsel and representation regarding the Mayor's decision to cancel the Contract, including, but not limited to: (1) An assessment of the use of the"terminate for convenience" clause as a viable means to cancel the Contract, particularly in light of the requirements pertaining to such use as laid out in the Hawai`i Administrative Rules; (2) An analysis of the Mayor's unilateral authority to cancel contracts that were specifically authorized by the Council by way of a resolution; (3)An objective analysis of the potential liability the County may incur should the contract with Hawaiian Earth Recycling, LLC be cancelled; and (4)Exploring the possibility of seeking legal action for the purpose of enjoining the Administration from following through with the contract cancellation; and WHEREAS, section 6-5.5 of the Hawaii County Charter(2016 Edition) further provides that"[ably such authorization shall specify compensation, if any,to be paid for said services"; and WHEREAS,the County Council desires to obtain special counsel for a period of no more than six (6) months at a rate of no more than one hundred eighty-five dollars ($185) per hour, for a total not to exceed $50,000 for services performed by special counsel; and WHEREAS, funding for retaining of special counsel shall be provided from the operating budget of the Office of the Corporation Counsel; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that pursuant to Article VI, Chapter 5, Section 6-5.5 of the Hawai`i County Charter(2016 Edition), it hereby authorizes the employment of special counsel for those matters described herein that cannot be adequately provided by the Office of the Corporation Counsel due to its vigorous defense and representation of the Mayor's determination to cancel the service agreement between the County of Hawai`i and Hawaiian Earth Recycling, LLC. BE IT FURTHER RESOLVED that said special counsel, if so retained, shall be selected by and serve at the direction of the Chair of the County Council and the Chair of the Environmental Management Committee. 2