HomeMy WebLinkAboutRES 372 Draft 01 2022-2024 COUNTY OF HAWAI`I •_ .:- '�_• STATE OF HAWAI`I
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RESOLUTION NO. 372 23
RESOLUTION AUTHORIZING: (1) THE HIRING OF SCHLACK ITO,A LIMITED
LIABILITY LAW COMPANY,AS SPECIAL COUNSEL TO REPRESENT THE
COUNTY OF HAWAI`I IN HUI MAMMA HONOKOHAU V. COUNTY OFHAWAII,
CIVIL NO. 1:23-CV-00393; AND (2) THE PAYMENT OF FUNDS OF A LATER FISCAL
YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
AGREEMENT WITH SPECIAL COUNSEL FOR THE COUNTY'S LEGAL DEFENSE
IN HUI MALAMA HONOKOHAU V. COUNTY OFHAWAII, CIVIL NO. 1:23-CV-00393
WHEREAS, Hawai`i County Charter("Charter") § 6-5.5 (Special Counsel)provides the
Hawai`i 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, Charter § 6-5.5 states any such authorization for the employment of Special
Counsel shall specify the compensation to be paid for services; and
WHEREAS,the County of Hawaii ("County") is named Defendant in the citizens'
Clean Water Act("CWA") civil action regarding the County's Kealakehe Wastewater Treatment
Plant titled Hui Malama Honokohau v. County of Hawai`i, Civil No. 1:23-cv-00393, commenced
in the United States District Court for the District of Hawaii on September 25, 2023
("Lawsuit");
WHEREAS,the Office of the Corporation Counsel ("Corporation Counsel") does not
have the expertise and personnel resources to provide the level of legal services necessary to
represent the County in, and defend the County against,the Lawsuit; and
WHEREAS,there is a real necessity for Special Counsel to represent the County,in, and.
defend the County against,the Lawsuit; and
WHEREAS,pursuant to Hawaii Procurement Code, Hawai`i Revised Statutes ("Haw. •
Rev. Stat.") §103D-304 (2012), Corporation Counsel caused to be published a Notice to
Providers of Legal Professional Services ("Notice"), and received timely responses; and
WHEREAS, Schlack Ito, a Limited Liability Law Company ("Schlack°Ito")was one of
the providers that responded to the Notice; and
WHEREAS,pursuant to Haw. Rev. Stat. §103D-304, a selection committee of three
people was formed to review and rate all qualified providers ("Selection Committee"); and
WHEREAS,the Selection Committee selected Schlack Ito as the provider who could
best serve the County based on the selection criteria set forth in Haw. Rev. Stat. §103D-304(e),
including Schlack Ito's experience and professional qualifications relevant to the project type;
the past performance on projects of similar scope; 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, Schlack Ito's rate of compensation is fair and reasonable; and
WHEREAS,there is $200,000.00 budgeted for legal services to be rendered by Special
Counsel;
WHEREAS,pursuant to Charter §10-11, any contract, lease or other obligation requiring
payment of funds from the appropriations of a later fiscal year or of more than one fiscal year
shall be approved by resolution; and
WHEREAS, due to the complexity and scope of the issues raised in the Lawsuit, the
Lawsuit has the potential to last years; and
WHEREAS, a multi-year agreement will allow the County to employ Special Counsel
who can provide services on a continuing and consistent basis for the Lawsuit's duration; and
WHEREAS,pursuant to Charter § 6-5.5, Corporation Counsel wishes to enter into a
multi-year agreement with Schlack Ito to provide the County's legal defense in the Lawsuit for
the Lawsuit's duration; and
WHEREAS,the Schlack Ito was duly selected in compliance with the procurement of
professional services under Haw. Rev. Stat. § 103D-304; and
WHEREAS,the agreement is anticipated to cover the Lawsuit's duration, commencing
on or about December 11, 2023; now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that:
1. Pursuant to Charter § 6-5.5 (Special Counsel),the County Council authorizes the
retention of Schlack Ito as Special Counsel to represent the County in, and
defend the County against,the Lawsuit;
2. The funds for the Special Counsel shall not exceed $200,000.00.
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3. The Mayor is hereby authorized to enter into a multi-year agreement with
Schlack Ito for the legal professional services for the duration of the Lawsuit as
described above.
4. That sufficient funds be budgeted in future fiscal years to cover the anticipated
obligations of the County under the terms of the agreement.
BE IT FINALLY RESOLVED that the County Clerk of the County of Hawai`i shall
transmit copies of this resolution to the Office of the Corporation Counsel.
Dated at , Hawai`i, this day of , 2023.
INTRODUCED BY:
COUNCIL MEMBER, . OUN OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EVANS
GALIMBA
I hereby certify that the foregoing RESOLUTION was by INABA
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA
County of Hawai`i on
KANEALI`I-KLEINFELDER
KIERKIEWICZ
ATTEST: KIMBALL
LEE LOY
VILLEGAS
Reference: C-620/Waived FC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 372 23
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