HomeMy WebLinkAboutRES 398 Draft 01 2024-2026COUNTY OF HAWAFI
STATE OF HAWAFI
RESOLUTION NO. 398 25
A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL FOR
LEGAL AND PROFESSIONAL SERVICES RELATED TO WORKERS'
COMPENSATION MATTERS AND AUTHORIZING THE PAYMENT OF FUNDS OF
LATER FISCAL YEARS TO ENTER INTO A MULTI -YEAR AGREEMENT
THEREFOR.
WHEREAS, Section 6-5.5 of the Charter of the County of Hawaii (hereinafter "the
Charter") provides that the Council "may, by two-thirds vote of its entire membership, authorize
the employment of special counsel for any special matter presenting a real necessity for such
employment" and that any such authorization "shall specify the compensation, if any, to be paid
for said services'; and
WHEREAS, Section 10-11 of the Charter provides, in part, that "any contract, lease or
other obligation requiring the payment of funds from the appropriations of a later fiscal year or
of more than one fiscal year shall be made or approved by resolution"; and
WHEREAS, the Office of the Corporation Counsel (hereinafter "Corporation Counsel")
wishes to enter into a three-year agreement with Leong Kunihiro Brooke & Kim, a Hawaii law
corporation, for legal and professional services related to the County's workers' compensation
matters; and
WHEREAS, the County Department of Human Resources, Workers' Compensation
Division, handles numerous workers' compensation cases and, due to the number and
complexity of these cases, requires assistance from a special counsel; and
WHEREAS, the 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, there is a real necessity for the special counsel to represent the County in its
most challenging work, as Corporation Counsel does not have the expertise or personnel
resources to provide the same level of legal services rendered by the special counsel; and
WHEREAS, Leong Kunihiro Brooke & Kim was duly selected in compliance with the
procurement of professional services under Chapter 103D of the Hawaii Revised Statutes
(hereinafter "the Hawaii Public Procurement Code"); and
WHEREAS, pursuant to the Hawaii Public Procurement Code, the Corporation Counsel
caused to be published a Notice to Providers of Legal Professional Services; and
WHEREAS, Leong Kunihiro Brooke & Kim was the only service provider that
responded to the notice; and
WHEREAS, pursuant to the Hawaii Public Procurement Code, a selection committee,
composed of three people, reviewed and rated all qualified providers and selected Leong
Kunihiro Brooke & Kim as the provider that could best serve the County based on the selection
criteria set forth in Section 103D-304 of the Hawaii Public Procurement Code, including:
1. The provider's experience and professional qualifications relevant to the project type;
2. The provider's past performance on projects of similar scope for the County;
3. The provider's capacity to accomplish the work in the required time; and
4. Other additional criteria determined by the selection committee to be relevant to the
County's needs; and
WHEREAS, Corporation Counsel anticipates that this agreement will commence on or
around January 1, 2026; and
WHEREAS, Corporation Counsel estimates the total cost of this agreement to be
$720,000 across the three-year term of the agreement; and
WHEREAS, Corporation Counsel finds that the rate of compensation is fair and
reasonable, given the anticipated value, scope, complexity, and nature of the services to be
rendered; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that,
pursuant to Section 6-5.5 of the Charter, this body hereby authorizes the employment of Leong
Kunihiro Brooke & Kim as special counsel to represent the County in workers' compensation
matters.
BE IT FURTHER RESOLVED the Mayor is hereby authorized to enter into a multi-
year agreement for the purposes hereinabove described.
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BE IT FURTHER RESOLVED that, in accordance with Section 10-11 of the Charter,
sufficient funds be budgeted in later fiscal years to cover the anticipated obligations of the
County under the terms of the agreement,
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to Renee N. C. Schoen, Corporation Counsel; and Sommer J. Tokihiro, Director of
Human Resources.
Dated at Kona , Hawai`i, this 17th day of December , 20 25 .
INTRODUCED BY:
OUN IL EMBER, COUNTY OF HAWAPI
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on December 17, 2025
ATTEST
(,- � � �YcALRPERSON & PRESIDING OFFICER
ROLL.. CALL., VOTE
AYES
NOES
ABS
EX
GALIMBA
X
HUSTACE
X
INABA
X
KAGIWADA
X
KANEALI `I-KLEINFELDER
X
KIERKIEWICZ
X
KIMBALL
X
ONISHI
x
VILLEGAS
X
9
0
0
0
Reference:
RESOLUTION NO
G-624/GOEAG -83
C r
Nullllllllll�llllll
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