Pannone Lopes Devereaux & West Proposal

7/30/2019 Pannone Lopes Devereaux & West Proposal

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PROPOSAL TO PROVIDE TOWN COUNSEL SERVICES

TO

THE TOWN OF DUXBURY

MASSACHUSETTS

OCTOBER 17, 2012

Boston Office

75 Arlington Street, Suite 500Boston, Massachusetts 02116

Tel: 866-353-3310 Fax: 866-353-5020

Principal Office

317 Iron Horse Way, Suite 301Providence, Rhode Island 02908

Tel: 401.824.5100 Fax: 401.824.5123

www.pldw.com


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Response to the Town of Duxbury, Massachusetts i

October 17, 2011

TABLE OF CONTENTS

I. CERTIFICATION........................................................................................................................... 1

II. INTRODUCTION .......................................................................................................................... 2

III. RFP RESPONSE QUESTIONS .................................................................................................... 3

IV. ATTORNEY BIOGRAPHIES ...................................................................................................... 11

V. FEES AND EXPENSES RESPONSE SHEET .................................................................................. 14

VI. ATTACHMENT A MUNICIPAL LAW EXPERIENCE CHECKLIST........................................... 15

VII. ATTACHMENT B STATEMENT OF LITIGATION EXPERIENCE ........................................... 16

VIII. ATTACHMENT C ATTORNEY RESUMES ........................................................................... 17


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Response to the Town of Duxbury, Massachusetts 1

October 17, 2011

I. CERTIFICATION

CERTIFICATION

By my signature, I certify that the information contained in this Response to Request forProposals is complete and accurate, to the best of my knowledge and belief.

Signed: ____________________________ Date: October 15, 2012 ___


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II. INTRODUCTION

PANNONE LOPES DEVEREAUX AND WEST LLC (PLDW) is a full-service law firm with

offices located in Connecticut, Florida, Massachusetts, New York and Rhode Island. The firmhas national expertise in a variety of practice areas, including administrative law, corporate,municipal infrastructure, energy, criminal law, civil litigation, government, health care and estateplanning. PLDW was founded by partners who have formerly practiced in an international lawfirm setting and have more than one hundred twenty years of combined experience. PLDWspartners pride themselves on always being responsive to the clients needs. In addition todelivering quality legal services, PLDWs attorneys are committed to the community which theyserve. PLDWs attorneys practice in many areas of law, including:

Alternative Dispute Resolution

Corporate and Business Counseling

Criminal Defense Construction

Employment Law

Estate Planning and Administration

Government and LegislativeStrategies

Litigation

Health Care

Municipal Non-profit Organizations

Regulatory

Special Masterships in PrisonMonitoring

Sports Law

At PLDW, delivering legal services in a seamless manner through various disciplines is ahallmark of the firm. The firms partners determined that practicing law in a more efficient waywas an absolute necessity in our current economy. The practice model at PLDW combines largefirm experience with a more efficient platform and overhead. As a result, many of the lawyers at

the firm are cross-trained in multiple disciplines creating opportunities to seek more practicalcost-effective solutions without sacrificing the quality of the service. With an expanding nationalpresence, PLDW is a leader in the legal profession with highly skilled lawyers trained to identifylegal issues and find solutions for their clients.

PLDW represents local governments, municipalities, and public agencies with respect to a broadrange of issues, including day-to-day operations, litigation matters, regulatory and administrativematters, public finance, procurement, public-private partnerships, contracting, governmentrelations, solid waste, water, wastewater, construction, real estate, land use and development.PLDWs team of lawyers includes former mayors, town administrators, city and town solicitors,lieutenant governors and attorney generals, all of whom have significant experience dealing with

public officials and have an intricate knowledge of working on municipal matters. Our collectiveexperience uniquely qualifies us to represent the Town of Duxbury, Massachusetts (the Town)as Town Counsel.


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OFFICE LOCATIONS

PLDWs principal office is located at 317 Iron Horse Way, Suite 301, Providence, Rhode Island02908, with a Massachusetts office located at 75 Arlington Street, Suite 500, Boston,Massachusetts 02116. The firm also has offices located in Connecticut, New York and Florida.

ABOUT OUR PROPOSAL TEAM

Proposer: Steven A. Torres, Partner, BBO # 566356, as Primary Town Counsel,

in conjunction with

Pannone Lopes Devereaux & West LLC

317 Iron Horse Way, Suite 301Providence, Rhode Island 02908Phone: 401-824-5100Fax: 401-824 5123Email: [email protected]

Bruce H. Tobey, as Assistant/Alternate Town CounselMatthew G. Feher, as Assistant/Alternate Town Counsel


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III. RFP RESPONSE QUESTIONS

RFP ITEM 1. PRIMARY AND ALTERNATE TOWN COUNSEL

PLDW takes a team approach in responding to this Request for Proposals (RFP) for TownCounsel services. Our immediate proposal team is comprised of three practitioners who bringconsiderable experience in providing legal and legislative services to municipalities. PrimaryTown Counsel Steve Torres and assistant/alternate Town Counsels Tobey and Feher have acombined 50+ years in direct or related municipal service, including actual time as full-timeelected and appointed government officials. This proposal team has not only provided legalservices to Massachusetts municipalities, but they also have been on the municipal side of theledger, responsible for managing scarce municipal resources and ensuring every dollar on legalservices is well managed, well spent and well accounted for regularly.

Steven A. Torres, BBO # 566356, Primary Town Counsel

Bruce H. Tobey, BBO # 498920, Assistant/Alternate Town Counsel

Matthew G. Feher, BBO # 676824, Assistant/Alternate Town Counsel

RFP ITEM 2. RESUMES AND CURRICULUM VITAE

Please see attached biographies and resumes for each of the attorneys identified above.

RFP ITEM 3. BAR ADMISSION

Each member of the proposal team meets the minimum admission requirements as stated in theRFP.

RFP ITEM 4.

PROPOSAL TEAM MUNICIPAL CLIENT HISTORY AND REFERENCES

Steven A. Torres

Corporation Counsel, City of Fall River, Massachusetts January 2010 July 2012

Reference: William A. Flanagan, MayorCity of Fall River1 Government CenterFall River, Massachusetts [email protected]


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City Solicitor, City of Taunton, Massachusetts January 2000 December 2009Reference: Robert G. Nunes, Deputy Commissioner of Revenue

Director of Municipal Services

Commonwealth of Massachusetts, Division of Local ServicesPO Box 9569Boston, Massachusetts [email protected]

Special Counsel, Town of Wareham, Massachusetts 2008 2010Reference: Mark Andrews, Town Administrator

Town of Wenham138 Main StreetWenham, Massachusetts 01984

[email protected]

Special Counsel, Town of Mansfield, Massachusetts 2008 2009Reference: Jess Aptowitz, Selectman

[email protected] Moran, [email protected] of Mansfield6 Park RowMansfield, Massachusetts 02048508-261-7372

Special Counsel, Town of Holbrook, Massachusetts 2008 2009Reference: Michael Yunits, Town Manager

Town of Norton, Massachusetts70 East Main StreetNorton, Massachusetts [email protected]

Bruce H. Tobey

General Counsel, City of Gloucester, Massachusetts 1982 1984

Mayor, City of Gloucester, Massachusetts 1991, 1994 2002Reference: Linda Lowe, Esq.

Former City SolicitorCity Clerk9 Dale Avenue


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Gloucester, Massachusetts 01930(978) 281-9720

Associate General Counsel, Massachusetts Water Resources Authority 1986-90, 1992-93Reference: Mary R. Jeka, Esq.Former MWRA General CounselTufts University, Senior Vice President for University RelationsBallou Hall, Third FloorMedford, Massachusetts 02155(617) 627-4220

Matthew G. Feher

Senior Lobbyist, Massachusetts Municipal Association 2000 2010

Reference: Geoffrey Beckwith, MMA Executive DirectorMMA, One Winthrop SquareBoston, Massachusetts 02110(617) 426-7272

Counsel, Massachusetts Highway Association 2000 2010Reference: Mike Valenti, MHA President

David Lane, MHA SecretaryMHA, P.O. Box 41Groveland, Massachusetts 01834(978) 777-0001 x3015

RFP ITEM 5. PROPOSAL TEAMS MUNICIPAL LAW EXPERIENCE

Attorney Steven A. Torres

Attorney Steven A. Torres has served as chief legal counsel for two Massachusetts cities, servingfour mayoral administrations. Attorney Torres served as Corporation Counsel for the City of FallRiver, Massachusetts from 2010-2012 and City Solicitor for Taunton, Massachusetts from 2000-2009. In these positions he was each City's lead counsel in all litigation and transactional matters,including collective bargaining.

A significant portion of Attorney Torres's tenure in both cities was dedicated to municipalinfrastructure, procurement, construction environmental and land use issues. He was chiefcounsel negotiating and administering environmental enforcement agreements with state andlocal officials as well as court suits with environmental groups. He has been chief procurementcounsel and contract administrator for over a half a billion dollars in design and constructioncontracts for CSO and SSO repair and remediation as well as POTW and water distributionsystems. He was also lead counsel on energy matters and was recently responsible for thenegotiation of a power purchase agreement with a solar company whereby the City, the Housing


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Authority and other municipal entities in Fall River will purchase up to 20 megawatts ofelectricity from various solar projects that are currently being developed in the City and in othertowns in the state.

Attorney Torres has also been special counsel to three Massachusetts towns on employment andsolid waste issues.

Attorney Torres has been an author, editor and lecturer for Massachusetts Continuing LegalEducation. He has also been a panelist for the Massachusetts Bar Association, MassachusettsCity Solicitor and Town Counsel Association and a national panelist for the Design BuildInstitute of America, the International Municipal Lawyers Association and several other nationalorganizations on the issues of public procurement and contracting in the water, wastewater andsolid waste industries. Attorney Torres is a past member of the Executive Committee of the CitySolicitors and Town Counsel Association and a member of the International Municipal Law

Association. He is a former member of the Massachusetts Bar Associations Public Law SectionCouncil.

Attorney Torres is a published author in the areas of labor law, international law, municipal lawand constitutional law. Attorney Torres is co-editor of the Supplement Edition of MCLE's"Massachusetts Municipal Law". Attorney Torres, a former United States Air Force Officer innuclear operations, is a Cum Laude graduate of Suffolk University Law School.

Attorney Bruce H. Tobey

Bruce H. Tobey has built a distinguished career as a Massachusetts municipal law specialist.Building on the foundation of his work as General Counsel for the City of Gloucester, a full-timein-house position, from 1982-1984, he then went on to specialize in engaging municipal legalissues in a variety of settings, including the Massachusetts Water Resources Authority (1986-90and 1992-93) and as the Mayor/CEO of Gloucester (1991 and 1994-2002). Attorney Tobey hasfurther expanded that portfolio through his work with PLDW, focusing on municipalinfrastructure issues, and as a current and long-time Gloucester City Councilor, where he hasdemonstrated significant knowledge in a variety of legal arenas, including zoning, ordinancedrafting, labor and personnel issues, and financial affairs.

Mr. Tobey, as Mayor of Gloucester, led the development of a CSO Control and Facilities Planand then spearheaded negotiations with the EPA that balanced the development of a CSOremediation plan with the numerous other capital challenges which the Citys aging wastewaterinfrastructure faced. He was also intimately involved with the appropriation and submittal of arenewal of the citys NPDES permit and negotiation of the permit that ensued.

While serving as Associate General Counsel of the Massachusetts Water Resources Authority,Mr. Tobey was involved with the development and enforcement of the regulatory framework formember community management of their individual CSOs in a forty-five communitymetropolitan wastewater management district.


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Mr. Tobey has served on numerous Federal Advisory Committees of the United StatesEnvironmental Protection Agency, as President of the Massachusetts Municipal Association, andas Chair of the Advisory Council of the National League of Cities. Mr. Tobey is a past member

and chair of the Commonwealth of Massachusetts Local Government Advisory Committee,served on the Commonwealths Federal Stimulus Task Force, and is currently a member of itsWater Infrastructure Finance Commission.

Attorney Matthew G. Feher

Matthew G. Feher has developed a thorough and unique understanding of municipal law andpolicy during the previous twelve years serving cities and towns throughout the Commonwealth.Beginning in 2000, Attorney Feher represented the 351 cities and town in Massachusetts at stateand federal levels on specialized public and legal policies. During that same time, Attorney Feherserved as legal counsel to the Board of Directors of the Massachusetts Highway Association

comprised of municipal public works officials and administrators from across the state. AttorneyFeher has expanded his municipal client experience during his time at PLDW focusing his legalpractice on specialized municipal infrastructure procurement and project delivery as well aspublic finance where Mr. Feher serves as Bond Counsel to several Massachusetts municipalissuers.

Attorney Feher has directly been involved in the development and modification of statutory andregulatory frameworks governing open meetings, public records, public construction andprocurement, public finance, municipal administration, environment and zoning anddevelopment. For example, Mr. Feher assisted in writing laws authorizing the use of alternativeprocurement and project delivery systems at the municipal level, making it easier for towns toenter into intermunicipal agreements, providing municipal incentives for development of smartgrowth overlay development districts and amending the regulatory framework governing thestates affordable housing law.

Attorney Feher has served on the Governors Federal Stimulus Commission, Governors Chapter40B Task Force, the Legislatures Special Commission on Public Construction Reform and theLegislatures Commission on Cable and Telecommunications. Mr. Feher is a frequent speaker onmunicipal affairs including events hosted by the Massachusetts Municipal Association, theMassachusetts Association of Public Procurement Officials, Massachusetts Highway Associationand Massachusetts Institute of Technology. In addition, Mr. Feher has authored severalpublications on legal and legislative topics including in the areas of land use and development,public construction and public housing policy. Attorney Feher currently serves on the ExecutiveCommittee of the City Solicitors and Town Counsel Association and serves as Chairman of theAssociations legislative committee.

RFP ITEM 6. PROPOSAL TEAM ACCESSIBILITY

The partner primarily responsible for the Duxbury Town Counsel services, Attorney SteveTorres, will be available regularly on a daily basis to the Town Manager through both direct


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telephone and electronic communication. This includes availability to 24 hour town servicessuch as police, fire, public works and emergency management when exigent circumstances arise.With respect to regular business items, Attorneys Torres and Tobey regularly monitor, and have

an administrative assistant who regularly monitors all electronic communication to ensure andfacilitate timely response. The attorney will respond to phone calls the same business day, absentextraordinary circumstances such as being on trial, during which time one of the secondaryattorneys will respond the same day. In no event will telephonic or electronic communicationfrom the Town to counsel receive a response more than 24 hours from the time of initial inquiry.

With respect to our additional, 24 hour call service for emergencies determined by the TownManager or public safety head to need the attention of Town Counsel, Attorney Torres, as a 13year city attorney, monitors his cell phone to be able to respond to municipal client emergenciesas they arise and if on vacation, will designate someone in his stead to do the same.

Requests for written legal opinions can be returned within one (1) week absent the need forextensive legal research or response for information from state agencies with administrative,policy or regulatory jurisdiction over the matter. The firm, as Town Counsel, can commit todiscuss directly with the office of primary responsibility at the Town, the precise detailsregarding scope of work, time frame for response and need for additional information gatheringon each item for which legal assistance is sought. The firm will use a standard intake formapproved by the Town for initiating any legal opinion, drafting, or new project work for theTown. The firm will work with the Town Manager to determine a protocol for Town approval ofdepartmental requests for legal assistance or opinions.

RFP ITEM 7. PROPOSAL TEAM BACK-UP PLAN

PLDW is a full-service law firm with thirty (30) attorneys. Attorneys Tobey and Feher, bothidentified above, will provide logistical and project support and back up for Attorney Torres asnecessary. At no time will the Town be without access to either the Primary or Alternate TownCounsel attorneys or a duly authorized attorney from the firm approved in advanced by the TownManager.

RFP ITEM 8. REQUIRED MEETING ATTENDANCE

If selected as Town Counsel, Attorney Torres will ensure that he is blocked off for all regularand special town meetings immediately upon being notified by the Town of the dates for the

meetings. Once booked for scheduled Duxbury Town Meetings, no other engagements or clientmeetings will be scheduled to conflict and the committed dates will be preserved absent apersonal emergency for counsel. In the event that the scheduled Town meeting is announced at adate on which Attorney Torres cannot be made available, a suitable back-up member of the firm,as approved by the Town Manager, will be made available. In no event shall a Town Meetingevent or Selectmens meeting where counsels presence has been requested by the Town beunstaffed by our firm and every effort will be made to ensure that Attorney Torres, as primaryTown Counsel, will be in attendance.


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Monthly Summaries. As a management and planning technique and at no costs to the Town,Town Counsel will provide a monthly summary of 1) Pending litigation, to include most recent

demand; 2) Open projects and requests for opinions; 3) Schedule of events and deadlines forupcoming month, including office of primary responsibility; 4) Status of collective bargaining,personnel or non-personnel related contract negotiations; and 5) Drafting Status of WarrantArticles, by-laws, special legislation or policy documents.

RFP ITEM 9. REVIEW AND APPROVAL OF TOWN CONTRACTS

Attorneys Torres and Tobey have had a combined 40+ years in various roles of negotiating,reviewing, approving and funding municipal contracts. As Town Counsel, each will be readilyavailable to review all contracts as to form, content and manner of execution. Our philosophyand professional approach to the municipal counsels role in approving contracts is that is not a

ministerial role in approving the form and manner of execution, but that Town Counsel, inreviewing a contract, is reviewing the substantive terms and contents of the contract for legalcompliance, best practices and assessment of risk and obligations of our town clients.

RFP ITEM 10. CASE MANAGEMENT AND REPORTING

Organization, information, evaluation, communication, follow-up these are the key componentparts of case and docket management for a municipal client.

Organization/information. The Town will be provided with a regularly (monthly) updated listof all litigation matters organized and cross-referenced by matter type, (i.e., arbitration, lawsuit,

ZBA appeal), Town Department, Town Counsel or Special Counsel assigned to handle thematter and what next steps are pending on the case in the coming months. All pending matters,including court litigation, arbitrations, state and federal agency hearings, or any other type ofadversarial hearing will be monitored by Town Counsel whether or not Town Counsel is theattorney of record. Special Counsel will be requested to provide regular updates to TownCounsel on matters they are handling so the Town may look to one master list of all outstandingcases. The full contents and format for this report and organizational schematic will bedeveloped jointly between our firm and the Town Manager to ensure it is in a usable form thatbest suits the needs of the Town.

Behind the reports will be extremely well researched and mined data and information regarding

the particular aspects of the case. Any time the firm opens a new matter or is apprised of a matteropened by special counsel, a directive regarding information gathering and preservation,employee and decision maker interviews and historical research and record gathering will takeplace. Town Counsel will ensure all information from every available source is assembled asquickly as possible and assimilated into a complete record of the matter for further evaluation ofcase strategy and assessment of town liability.


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Evaluation. A most critical function Town Counsel performs upon assembling the necessaryinformation and data on a case is to perform a case evaluation to better help the Town understandits potential liability and costs associated with litigation. In addition, there are often times that

case investigation may lead to the need for immediate changes in practice and or procedure. Foreach matter, Town Counsel will perform a case valuation, giving the Town, where possiblebased on available information and case law and practice, an outside measure of damages andliability as well as an estimated litigation budget tied to each litigation milestone and decisionpoint in case progress.

Communication/Follow-up. Managing and assembling key case information is not usefulunless it is effectively communicated with the client. Additionally, Town Counsel must follow-up by assisting the Town in monitoring key decision points and milestone dates. Monthlyreporting in summary form for all listed matters is provided for in response to this RFP but that isa minimum. Particular, regular communication regarding each matter individually and

specifically is critical to effective case management. Each case will have its own separatemilestone chart and communication/decision point schedule. This is especially helpful to a clientto communicate prior to town counsel taking, or permitting special counsel to take, steps andconduct work which would incur substantial cost to the client, the Town. Communication meansregularly attending board meetings and conducting executive session meetings to communicatekey issues surrounding litigation and litigation strategy and understanding the willingness of thedecisional body to proceed with a matter. Narrative case summaries in addition to monthlyreporting will be provided at appropriate intervals for litigation matters and well in advance ofany board meetings convened to review and discuss ongoing litigation matters.

RFP ITEM 11.

TRAINING AND EDUCATION FOR MUNICIPAL OFFICIALS

One of the key components of the PLDW model is to provide regular training to municipalofficials, elected and appointed, at convenient times on timely topics of interest to municipalofficials, employees, boards and commissions. We propose two particular forms of training,initial and recurring. For initial training, each spring, we would provide new elected andappointed officials with training on key aspects of the law which impact them in their respectiveroles. A seminar that will touch on open meetings, conflict of interest, public records and publicstewardship would be given each spring after election of new officials. In addition, twiceannually the firm will provide in-depth training on a topic of interest to the Town as agreed uponor requested by the Town Manager or Board of Selectmen. This training would be at no

additional cost to the Town and is included in our base proposal for Town Counsel Services.

RFP ITEM 12. CLIENT CONFLICTS

No client conflicts have been identified at this time.


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IV. ATTORNEY BIOGRAPHIES

Steven A. Torres will be the primary Town Counsel for the Town and the day-to-day contactperson. Attorneys Tobey and Feher will serve as assistant/alternate Town Counsel as needed.Biographies for these attorneys follow. Resumes for the attorneys are included in Attachment C.

STEVEN A. TORRESPartner

Steven A. Torres is a Partner with Pannone Lopes Devereaux &West LLC and a member of the firms Municipal InfrastructureTeam. Attorney Torres is a highly skilled and experienced municipalconstruction and public-private partnership project advisor and legal

counsel who has managed in excess of $1 billion in project value inthe areas of utilities, water and wastewater, transportation, buildingconstruction and renewable energy. He has vast experience and deepknowledge in matters related to municipal law and regulationsincluding zoning, land use planning, and building and environmental

permitting. Attorney Torres has also negotiated and administered millions of dollars in TaxIncrement Finance Agreements for cities and towns. In addition, as a former legal counsel forpublic and private sector unions in New England, Mr. Torres has handled over 300 laborarbitrations and mediations in collective bargaining and employment disputes.

Attorney Torres is nationally recognized in his practice area and a frequent lecturer, guest

speaker and teacher/mentor to other practitioners. He is a former member of the MassachusettsBar Associations Public Law Section Council, and a past member of the Executive Committeeof the City Solicitors and Town Counsel Association. He is also an author, editor and lecturer forthe Massachusetts Continuing Legal Education (MCLE), and co-edited the Supplement Editionof MCLEs Massachusetts Municipal Law. Attorney Torres has had several essays publishedin the areas of labor law, international law, municipal law and constitutional law. He is a soughtafter speaker on municipal law and alternative delivery construction project development andfinancing options and was a national panelist for the Design-Build Institute of America, theInternational Municipal Lawyers Association, the Solid Waste Association of North America,the Massachusetts Municipal Association and the Massachusetts City Solicitors and TownCounsel Association and other regional organizations.

Prior to joining Pannone Lopes Devereaux & West LLC, Attorney Torres served for thirteenyears as a city attorney for four consecutive mayoral administrations in two cities. He wasCorporate Counsel for the City of Fall River, MA and responsible for the leadership of manymunicipal building projects, including design-build-finance-operate emerging technology energyprojects, school building and utility design and construction projects.

From 2000 until 2009, he served as City Solicitor for the City of Taunton, MA under three


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mayoral administrations. During this time, Attorney Torres accomplished one of the firstConstruction Manager (CM) at risk school building construction projects in Massachusetts andled a team to develop a $500 million waste-to-fuels project under a design-build-operate (DBO)

model using emerging technology.

He earned his J.D. from Suffolk University Law School, cum laude, and received hisundergraduate degree in computer science from Daniel Webster College. He served in the U.S.Air Force from 1987-1990 as a nuclear operations officer. He is admitted to practice law inMassachusetts and is a member of the Massachusetts Bar Association.

BRUCE H. TOBEYSenior Counsel

Bruce H. Tobey is Of Counsel with Pannone Lopes Devereaux &

West LLC and a member of the firms Municipal InfrastructureTeam. His practice focuses primarily on representing local andregional governments in the areas of public contracts, water law,solid waste management, environmental law and litigation. Mr.Tobey has extensive legal experience advising and representinggovernments, including municipalities, counties, public authoritiesand federal agencies, as well as private companies onenvironmental policy, programs and financial and regulatorymatters with a specialty in water and wastewater infrastructure,

public-private partnerships and other business development opportunities for sustainablecommunities.

Mr. Tobey has served on numerous Federal Advisory Committees of the United StateEnvironmental Protection Agency, as President of the Massachusetts Municipal Association, andas Chair of the Advisory Council of the National League of Cities. He was elected Mayor ofGloucester, MA in 1993 and held that position until 2002, when he joined Aquarion Company asDirector of Business Development. Prior to joining PLDW, Mr. Tobey was Vice PresidentBusiness Development for HomeServe USA, leading the companys national campaign todevelop public-private partnerships with water and wastewater utilities. Mr. Tobey remainsactive in local government, serving as a City Councilor for the City of Gloucester, an electedposition he has held since 2006.

A 1975 graduate of Wesleyan University, majoring in Russian, Mr. Tobey earned his J.D. fromSuffolk University Law School in 1978, where he was a member of Law Review, and his MBAfrom Suffolk University in 2005. He also served as Lieutenant in the U.S. Coast Guard JudgeAdvocate General Corps from 1978 to 1982. Mr. Tobey is a past member and chair of theCommonwealth of Massachusetts Local Government Advisory Committee, served on theCommonwealths Federal Stimulus Task Force, and is currently a member of its WaterInfrastructure Finance Commission. He is admitted to practice law in New York andMassachusetts.


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MATTHEW G. FEHERCounsel

Matthew G. Feher is Counsel with Pannone Lopes Devereaux &West LLC and is a member of the firm's Municipal Infrastructureand Government & Legislative Strategies Teams. His practicefocuses primarily on representing local and regional governmentsin the areas of public contracts, public finance, water law, solidwaste management, environmental law, real property law,construction law and procurement law. Mr. Feher also serves asbond counsel, issuers counsel and underwriters counsel inconnection with public bond financing transactions.

Before joining the firm, Mr. Feher spent the past decade representing the 351 cities and towns of

Massachusetts at both the state and federal levels of government as a senior lobbyist with theMassachusetts Municipal Association. During this time, Mr. Feher was active on legislativeissues, executive branch decisions, and state-level court cases involving public works,transportation, public utilities, procurement, real estate development and municipal and regionaladministration matters.

Among several task forces and commissions on which he served, Mr. Feher was a member of theMassachusetts Legislature's Special Commission on Public Construction Reform that revampedthe state's public construction laws as they relate to both horizontal and vertical publicconstruction projects, notably authorizing public awarding authorities to utilize alternativedelivery methods. Most recently, Mr. Feher was named a member of Governor Deval Patrick's

Federal Stimulus Task Force. Mr. Feher served on the Massachusetts Highway AssociationBoard of Government as legislative counsel and currently serves on the Executive Committee ofthe City Solicitors and Town Counsel Association.

Mr. Feher earned his J.D. from New England School of Law. During his time at New EnglandSchool of Law, Mr. Feher was research assistant to Professor Mark Bobrowski, a leadingmunicipal attorney specializing in land use and zoning law. Mr. Feher is admitted to practice lawin Massachusetts and is a licensed executive and legislative agent in the Commonwealth.


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V. FEES AND EXPENSES RESPONSE SHEET

PLDW committed to providing pricing arrangements that serve the best interest of our clients.To that end, we work with our clients to develop a fee arrangement that fits the scope, nature andsubject matter of an engagement. We understand the current financial conditions facing localgovernments and are offering fees that recognize these tough circumstances.

Hourly Fees. We are proposing to charge the Town a blended hourly rate for assigned attorneysof one hundred and ninety-five dollars ($195.00) per hour, and ninety-five dollars (95.00) perhour for paralegals.

Team Member Hourly Billing Rate

Steven A. Torres, Partner $195.00Bruce H. Tobey, Senior Counsel $195.00

Matthew G. Feher, Counsel $195.00

Paralegal $95.00

PLDW controls costs through the use of state-of-the-art telecommunications technology. Ourcommitment to control legal costs is also reflected through the use of video conferencingequipment which would make better use of client time and to avoid unnecessary travel costs.PLDW welcomes the opportunity to become more efficient through the implementation ofagreed upon client suggestions. Dialogue with a client is key to ever increasing efficiencies.

Reimbursable Expenses. We propose to charge only the actual documented out-of-pocket costsincurred for long distance telephone charges, photocopying, travel, postage and overnight mailand messenger service.

Billing. PLDW billing practices provide for billing in six (6) minute increments.

Travel. PLDW proposes to charge for mileage at the IRS rate when traveling on behalf of theTown, but will not charge for travel to the Towns offices, and will not charge for attorney timewhile in transit.

Alternative Fee Arrangement. There are a number of billing approaches that might beconsidered as an alternative, supplement or complement to a standard hourly rate. In assessingany such alternatives, we will, of course, explore with you in detail the scope and type of thespecific matters likely to be assigned to PLDW that may be involved in an alternative approach,partner and associate staffing needs and expectations, and the anticipated volume of work.PLDW will materially assist the Town by delivering the highest quality of legal services in a costeffective approach to the utilization of its resources.


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VI. ATTACHMENT A MUNICIPAL LAW EXPERIENCE CHECKLIST

Attachment AMunicipal Law Experience Checklist

Rate your experience in the following areas of municipal law using the scale below

1. No experience2. Limited experience3. Moderate experience4. Advanced experience5. Extensive experience

5 Zoning G.L. c. 40A4 Chapter 40B Affordable Housing4 Chapter Lands G.L. c. 61, 61A, 61B (and rights of first refusal)3 Education G. L. c. 70, 71, 72, 74, 762 Community Preservation Act G.L. c. 44B5 Municipal Finance4 Liquor Licensing2 Conduct of Open Town Meeting4 Subdivision Control Law5 Public Bidding and Construction Law

5 Internal Investigations within Municipality5 Land Acquisitions by Municipality5 Open Meeting Law5 Conflict of Interest Law4 Wetlands Regulation (State and Local)4 Oil & Hazardous Waste Contamination G.L. c. 21E


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VII. ATTACHMENT B STATEMENT OF LITIGATION EXPERIENCE

Attachment BStatement of Litigation Experience

Rate Your Experience Practicing with the following Courts, Boards and Commissionsbased on the scale listed below.

1. No experience2. Limited experience3. Moderate experience4. Advanced experience

5. Extensive experience

4 Trials before State Courts (District, Superior, Land Courts)2 Trials before Federal District Courts3 Appeals before Massachusetts Appeals Court2 Appeals before Massachusetts Supreme Judicial Court5 Administrative Proceedings before Massachusetts Civil Service Commission5 Arbitration Proceedings5 Mediation Proceedings3 Administrative Proceedings before Massachusetts Appellate Tax Board

3 Administrative Proceedings before Massachusetts Department of Environmental Protection3 Administrative Proceedings before the ABCC2 Administrative Proceedings before the Housing Appeals Committee4 Administrative Proceedings before Division of administrative Law Appeals


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VIII. ATTACHMENT C ATTORNEY RESUMES

Resumes for the attorneys are on the following pages.


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{P0317679 V 1}

Steven A. Torres32 Prospect Street

Taunton, Massachusetts

508-922-8222

PROFESSIONAL EXPERIENCE

PANNONE LOPES DEVEREAUX & WEST LLC, Providence, RI Sep. 2012-present

PARTNER

Partner in the firms Municipal Infrastructure Team that focuses its practice in the areas of water, wastewater and solid waste law

public contracts, government law, water law, government procurement, project delivery, infrastructure development, project planning

and finance, public finance and intergovernmental relations. Represent local, regional and federal governments with alternative

project delivery arrangements such as design/build, design/build/operate procurements, and public-private partnerships in connection

with solid waste, water, wastewater, storm water, combined sewer overflow, conversion technology, co-composting, materia

recovery, waste to energy, as well as other similar environmental infrastructure projects.

City of Fall River, Massachusetts 2010 - 2012

Corporation Counsel

Serve as City's lead counsel in all litigation and transactional matters, including collective bargaining. Serve aschief legal and policy advisor to Mayor and administrative head of the Fall River Law Department, supervising

several attorneys, consultants and support staff. Negotiate and administer all public contracts, including

construction, labor and employment, real property acquisition and disposition and service agreements. Draft

legislation and regulations for administration of local government. Provide legal support to all public

departments and project management for key environmental and energy projects.

City of Taunton, Massachusetts 2000 - 2009

City Solicitor

Serve as City's lead counsel in all litigation and transactional matters, including collective bargaining. Serve as

chief legal and policy advisor to Mayor and administrative head of the Law Department, supervising several

attorneys, consultants and support staff. Negotiate and administer all public contracts, including construction

labor and employment, real property acquisition and disposition and service agreements. Draft legislation andregulations for administration of local government. Provide legal support to all public departments and project

management for key building, land development and utility projects.

American Federation of State, County and Municipal Employees, AFSCME Council 93, AFL-CIO 1994 - 1999

ASSOCIATE General Counsel

Attorney for public employee union for four New England states, representing employees and their unions in public and some private

sector collective bargaining. Negotiate collective bargaining agreements, litigate before state and federal administrative agencies and

courts. Mediate and arbitrate employment and labor agreement disputes.

Unite States Air Force 1987-1990

Officer, Nuclear Combat Crew Commander/Deputy Commander

Commanded United States nuclear installations, command and control structure for inter-continental ballistic missiles, coordinate

operations, security, maintenance and logistics for weapon systems and squadron command posts. Train and supervise military officer

and enlisted personnel.


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EDUCATION

DANIEL WEBSTER COLLEGE, Nashua, New Hampshire 1987

Bachelor of Science, Computer Systems

Suffolk University Law School 1993

Juris DoctorCum Laude

Technical Editor, Suffolk Transnational Law Review

PROFESSIONAL ACTIVITIES

DESIGN-BUILD INSTITUTE OF AMERICA, NEW ENGLAND CHAPTER

Member, Board of Directors 2011-present

Massachusetts City Solicitor and Town Counsel Association, Executive Committee Member 2002-2007

MASSACHUSETTS BAR ASSOCIATION, Public Law Section Council 2001-2003

CITY OF TAUNTON, Conservation Commission 1994-2000

Vice-chair, 1997-1999

Acting Chair 1999

_____ ______ _____ MISCELLANEOUS

Seasoned speaker at events hosted by several national trade associations, educational institutions and civic groups, including, but not

limited to, Design-Build Institute of America, Solid Waste Association of North America, New England Water Environment

Association, International Municipal Lawyers Association, Massachusetts Continuing Legal Education, Massachusetts Bar

Association, Massachusetts City Solicitor and Town Counsel Association and others.


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BRUCE H. TOBEY16 Montvale Avenue

Gloucester, MA 01930

978-282-0001


PANNONE LOPES DEVEREAUX & WEST LLC, Providence, Rhode Island 2011-presentSENIOR COUNSEL

Represent cities, towns, districts and counties in legal and procurement issues arising from their operation and governance of water,wastewater and solid waste utilities.

HOME SERVICE USA CORP., Miami, Florida 2008-2011VICE PRESIDENT OF BUSINESS DEVELOPMENT

Managed and executed nationwide strategies for acquiring new utility partnerships in marketing residential home warranty protectionprogram plans.

AQUARION COMPANY, Bridgeport, Connecticut 2002-2008DIRECTOR OF BUSINESS DEVELOPMENT and LEGAL COUNSEL SAFETY VALVE COMPANY

Managed, provided legal, regulatory and government relations support, and developed and executed strategies for the homeowner

warranty affiliate of one of the nations ten largest investor-owned water utilities.

CITY OF GLOUCESTER, Gloucester, Massachusetts 1991, 1994-2002

MAYOR

Chief Executive Officer of a $75 million per year Municipal Corporation. Developed and managed annual operating and capitabudgets. Oversaw a 1200 employee work force and all labor relations issues. Provided extensive public works, water and wastewaterutility, and environmental protection services. Led an intense effort to diversify and strengthen the community's economic baseAdvocated for community needs before the state and federal governments.

MASSACHUSETTS WATER RESOURCES AUTHORITY, Boston, Massachusetts 1986-1990, 1992-1993ATTORNEY

Rose through the ranks to head the General Law Department. Advised on legislative issues. Drafted regulations on wastewater anddrinking water system operations, minority procurement, and community relations. Oversaw employee ethics and discrimination issues

and provided advice on labor relations matters. Made presentations to MWRA board and public and private bodies on legal and policyquestions.

RONAN & SEGAL, Salem, Massachusetts 1984-1986ASSOCIATE

Handled a variety of civil practice areas, including commercial and residential real estate planning and financing, business counselingand civil litigation.

CITY OF GLOUCESTER, Gloucester, Massachusetts 1982-1984GENERAL COUNSEL

Managed in-house legal team. Handled litigation, union and employee issues, land use and environmental matters, legislative draftingand all other municipal law concerns.

EDUCATION

WESLEYAN UNIVERSITY, Middletown, ConnecticutBachelor of Arts, Russian Language and Soviet Studies

SUFFOLK UNIVERSITY SCHOOL OF LAW, Boston, MassachusettsJuris Doctor

Member, Law Review

SUFFOLK UNIVERSITY, SAWYER SCHOOL OF MANAGEMENT, EXECUTIVE PROGRAMMaster of Business Administration


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PROFESSIONAL ACTIVITIES _________

City of Gloucester, Massachusetts

City Council President 2008-2010Councilor-at-large 1988-1991

2006-PresentCommonwealth of Massachusetts, Water Infrastructure Finance Commission

Member (Gubernatorial Appointee) 2010-present

National League of Cities

Advisory Council 2005-2011Chair 2008Vice Chair 2007

Board of Directors 1999-2001Environment, Energy and Natural Resources Committee, Chair 1999

Massachusetts Municipal Association

President 2008-2009Board of Directors 2006-2011

United States Environmental Protection AgencyLocal Government Advisory Committee 1999-2010Total Coliform Rule Distribution System Advisory Committee 2007-2009Microbial Disinfection and Disinfection Byproducts Advisory Committees 1995-1998

Commonwealth of Massachusetts, Local Government Advisory Committee

Member (Gubernatorial Appointee) 2006-2011Chair 2008

Commonwealth of Massachusetts, Executive Office of Environmental Affairs

Working Group on Desalination Policy Development 2005

Massachusetts Interlocal Insurance Association

Board of Directors 1997-2001

Massachusetts Clean Water Council

Member 1994-2001Chair 1995-1996

United States Conference of Mayors 1994-2001

______ MISCELLANEOUS ___

Admitted as an Attorney in Massachusetts and New York.

Veteran, United States Coast Guard (LT/03), honorably discharged Law Specialist, 1978-1982.

Provided extensive testimony to committees of the United States Congress and the Massachusetts Legislature on environmental andpublic infrastructure financing issues.

Served as a member of USAID team providing guidance on the workings of local governance to the Republic of Montenegro and as adelegate to the United Nations International Conference on Human Habitats.


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MATTHEW G. FEHER75 Arlington Street, Suite 500

Boston, Massachusetts 02116

781-640-7568


PANNONE LOPES DEVEREAUX & WEST LLC, Boston, Massachusetts 2010-present

COUNSEL

Represent cities, towns, districts and counties in legal and procurement issues arising from their construction, operation and

governance of water, wastewater and solid waste utilities. Serve as bond counsel and underwriters counsel in connection with

issuance of municipal securities.

MASSACHUSETTS MUNICIPAL ASSOCIATION, Boston, Massachusetts 2006-2010

SENIOR LEGISLATIVE ANALYSTRepresented Massachusetts cities and towns before the state legislature, executive branch and the courts in matters involving public

works, transportation, public utilities, land use, zoning, regionalization and administration. In addition to legislative analyst roles

developed public policy agenda and managed legislative staff.

MASSACHUSETTS MUNICIPAL ASSOCIATION, Boston, Massachusetts 2000-2006LEGISLATIVE ANALYST

Represented Massachusetts cities and towns before the state legislature, executive branch, administrative agencies and the courts in

matters involving public works, transportation, public utilities, land use, zoning, regionalization and administration. Provided written

and oral testimony on legislative and regulatory matters. Negotiated with statewide trade organizations, governmental agencies and

private industries to develop solutions for policy, legal and regulatory conflicts that impact local government.

EDUCATION

LYCOMING COLLEGE, Williamsport, Pennsylvania

Bachelor of Arts, Political ScienceCum Laude

NEW ENGLAND SCHOOL OF LAW, Boston, Massachusetts

Juris Doctor

Research assistant to Professor Mark Bobrowski

PROFESSIONAL ACTIVITIES

CITY SOLICITORS AND TOWN COUNSEL ASSOCIATION


Chair, Legislative Committee 2010-present

DESIGN-BUILD INSTITUTE OF AMERICA, NEW ENGLAND CHAPTER


GOVERNORS FEDERAL STIMULUS TASK FORCE

Member 2009-2010

MASSACHUSETTS HIGHWAY ASSOCIATION

Member, Board of Directors, Legislative and Legal Liaison 2000-2010


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MASSACHUSETTS LEGISLATURE SPECIAL COMMISSION ON PUBLIC CONSTRUCTION

REFORM

Member 2003-2007

GOVERNORS AFFORDABLE HOUSING TASK FORCE

Member 2004-2005

THE BOSTON FOUNDATION HOUSING TASK FORCE

Member 2003-2006

MASSACHUSETTS EXECUTIVE OFFICE OF TRANSPORTATION HIGHWAY DESIGN

STANDARDS TASK FORCE

Member 2002-2006

MASSACHUSETTS LEGISLATURE CABLE COMMISSION

Member 2001-2002

______ MISCELLANEOUS

Admitted as an Attorney in Massachusetts. Licensed as a Massachusetts Executive and Legislative Agent.

Provided extensive testimony to committees of the Massachusetts Legislature on municipal finance and policy issues involving public

works infrastructure, the environment, public utilities, land use and public administration.

Seasoned speaker at events hosted by several trade associations, educational institutions and interest and civic groups, including, but

not limited to, the Boston Foundation, the Citizens Housing and Planning Association, the City Solicitors and Town Counsel

Association, the Greater Boston Real Estate Board, the Massachusetts Highway Association, and the Massachusetts Institute of

Technology.

Co-author of the Association of Town Finance Committees Finance Committee Handbook; co-author of the Associated General

Contractors of Massachusetts Recommended Practices for Hiring Owner Project Managers; contributor to the Massachusetts

Municipal Associations quarterly magazine The Advocate; contributor to the City Solicitors and Town Counsel Association quarterly

newsletter.

Pannone Lopes Devereaux & West Proposal

Documents

Transcript of Pannone Lopes Devereaux & West Proposal