Title
LITIGATION MATTERS (SETTLEMENT AUTHORIZATION: KAMOKU CONTRACTING, LLC V. COUNTY OF MAUI; CIVIL 18-1-0180(2)) (GET-11(15))
Description
The Committee is in receipt of the following:
1. Correspondence dated June 13, 2019, from the Department of the Corporation Counsel, requesting consideration of a proposed resolution to authorize settlement of the case, along with a copy of the Complaint. The Complaint alleges breach of a contract between Kamoku Contracting, LLC and the County relating to a construction project at Papohaku Park, Wailuku, Maui, Hawaii.
2. Correspondence dated July 23, 2019, from the Department of the Corporation Counsel, transmitting a revised proposed resolution to authorize settlement of the case.
3. Correspondence dated August 13, 2019, from the Department of the Corporation Counsel, transmitting a further revised proposed resolution, entitled “AUTHORIZING SETTLEMENT OF KAMOKU CONTRACTING, LLC VS. COUNTY OF MAUI, CIVIL NO. 18-1-0180(2),” incorporating nonsubstantive revisions.
Status
The Committee may reconsider its recommendation to adopt the revised proposed resolution noted in paragraph 2, above. The Committee may consider whether to recommend adoption of the further revised proposed resolution noted in paragraph 3, above, with or without further revisions. The Committee may also consider the filing of the correspondence and other related action.
Note
With reference to this agenda item, one or more executive meetings are anticipated pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the County, the Council, and the Committee.