HomeMy WebLinkAboutRES 523 Draft 01 2020-2022 COUNTY OF HAWAIʻI
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STATE OF HAWAIʻI
RESOLUTION NO. ____________
A RESOLUTION AUTHORIZING THE HIRING OF LEONG KUNIHIRO BROOKE & KIM, AS SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAI‘I, DEPARTMENT OF HUMAN RESOURCES, WORKERS’ COMPENSATION DIVISION.
WHEREAS, Section 6-5.5, of the Hawai‘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 Hawai‘i, 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 HAWAI‘I 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.
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 _____________, Hawai‘i, this ______ day of ___________________, 2022.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai‘i on _____________________________________.
INABA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
KIMBALL
ATTEST:
LEE LOY
RICHARDS
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.