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COUNTY OF HAWAI`I • STATE OF HAWAI`I
RESOLUTION NO. 523 22
A RESOLUTION AUTHORIZING THE HIRINGOF KUNIHIRO
LEONG UN IHIR
O
BROOKE & KIM, AS SPECIAL COUNSEL TO REPRESENT THE
COUNTY OF HAWAII, DEPARTMENT OF HUMAN RESOURCES,
WORKERS' COMPENSATION DIVISION.
WHEREAS, Section 6-5.5, of the Haw i`i County Charter ("Charter"),), Special Counsel,
provides that the County Council, may approve by two-thirds vote of its entire membership the
employment of Special Counsel, for any special matter presenting a real necessity for such
employment; and
WHEREAS, Section 6-5.5 of the Charter states that any such authorization for the
employment of Special Counsel shall specify the compensation to be paid for services; and
WHEREAS,the County of Hawaii, Department of Human Resources, Workers'
Compensation Division("County") handles numerous workers' compensation cases and due to
the number of cases,needs assistance of a Special Counsel; and
WHEREAS, Special Counsel represents the County in its most challenging workers'
compensation claims, provides claims management oversight, makes recommendations
regarding settlement,negotiations, pertinent evaluations, and investigation, and promotes
resolution and closure; and
WHEREAS, the Office of the Corporation Counsel ("Corporation Counsel") does not
have the expertise and personnel resources to provide the same level of legal services rendered
by Special Counsel; and
WHEREAS, there is a real necessity for Special Counsel to continue representing the
County in its most challenging work; and
WHEREAS, pursuant to the Hawai`i Procurement Code, Chapter 103D-304, Hawai`i
Revised Statutes, as amended ("HRS"), the Corporation Counsel caused to be published a Notice
to Providers of Legal Professional Services ("Notice"), and received timely responses; and
WHEREAS, Leong Kunihiro Brooke &Kim was one of the providers that responded to
the Notice; and
WHEREAS,pursuant to HRS §103D-304, a selection committee of three people was
formed to review and rate all qualified providers; and
WHEREAS, Leong Kunihiro Brooke & Kim was selected by the committee as the
provider that could best serve the County based on the selection criteria set forth in HRS §103D-
304(e), including Leong Kunihiro Brooke & Kim's experience and professional qualifications
relevant to the project type; the past performance on projects of similar scope for the County; 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, Leong Kunihiro Brooke & Kim's rate of compensation is fair and reasonable;
and
WHEREAS, there is $300,000 budgeted for legal services to be rendered by Special
Counsel; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that:
1. Pursuant to County Charter, Section 6-5.5, Special Counsel, the County Council
authorizes the retention of Leong Kunihiro Brooke & Kim as Special Counsel to
represent the County in all of its workers' compensation matters; and
2. The funds for the Special Counsel shall not exceed $300,000.
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BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Office of the Mayor,the Department of Finance,the Office of the Corporation
Counsel and the Department of Human Resources.
Dated at Kona , Hawai`i, this 21st day of September , 2022.
INTRODUCED BY:
J.
COUNCIL MEMBER. 11,OUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai`i on September 21, 2022 KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
KIMBALL X
ATTEST: LEE LOY X
RICHARDS X
VILLEGAS X
8 0 1 0
41h.407,040
Reference: C-960/FC-192
414. CL 'K IRPERSON&P`i "`! A ICER RESOLUTION NO. 523 22
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