The DOE has no authority to enter into an agreement to indemnify another party unless authorized by the legislature, comptroller, and /or Governor. At this time, indemnification is only allowed by the the following statutes:
Indemnification of Federal Agencies
https://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0029/HRS_0029-0015_0005.htm
Indemnification of County Agencies
https://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0046/HRS_0046-0071_0005.htm
County Indemnifications
https://www.dropbox.com/sh/jnso79d4msyyjrj/AADhqQRjQvcwoouqio6P-tBMa?dl=0