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260 Franklin Street BROOKS & DERENSIS Suite 700 ro Boston, MA 02110 (857) 259-5200 (857) 259-5212 fax Paul R. DeRensis, Esq. pdet·ensis@ bd boston.com March 21, 2021 VIA ELECTRONIC MAIL AND FIRST-CLASS MAIL to [email protected] Select Board Town of Cohasset 41 Highland Ave Cohasset MA 02025 RE: Response to RFQ for Legal Services Town of Cohasset Dear Members of the Select Board: We submit this application to continue to provide legal services for the Town of Cohasset. Our response to this RFQ includes a unified encompassing proposal to provide comprehensive legal services as we have in the past, so that we propose to provide legal service areas combined with other legal service areas labelled in the RFQ as "A" through "E", (Town Counsel, Labor & Employment, Environmental and Land Use, and Litigation and Special Counsel) or some combination of areas, or each of these areas separately. I, Paul DeRensis, have been Town Counsel for the Town of Cohasset for twenty-five years, with responsibility (except in the last few years), for comprehensively all legal services needed by the Town. As was required by the Agreement between the Town and Town Counsel, and by the General Bylaws of the Town regarding Town Counsel, whatever area of legal practice has been needed by the Town, I made sure was supplied to the Town. You know our accomplishments including successfully extracting the Town from some precarious situations, and you know that the Town of Cohasset has been safe from harm for that entire period. The Agreement for Legal Services currently in place with the Town of Cohasset has been with me personally, and names me as a primary obligor but allows me to draw upon others that I am working with for additional legal support. The Agreement allows me to change firms, with your consent, which consent shall not be unreasonably withheld. Because of my existing obligations under the contract with the Town and under the General Bylaws of the town with regard to Town Counsel, this response to legal services is presented as a comprehensive response. (00030309 ·9999j09 ) BROOKS & DERENSIS P.C. Attornqs at Law ro BROOKS & DERENSIS Town of Cohasset March 21,2021 Page2 The firm of Brooks & DeRensis P.C. backs up your Town Counsel and consists of experienced and seasoned attorneys including myself Paul DeRensis as a general municipal Town Counsel attorney and Leonard Kopelman, founder of the municipal law firm Kopelman & Paige PC, now KP-Law, P.C., Real Estate and Land Use Attorneys john Ruggieri and Pierre Youssef, procurement and contracts Attorney Rodney Hoffman and Litigator and Environmental Attorney Daniel R. Deutsch, Litigator Noemi Kawamoto, and Litigator and Insurance claims/Coverage Attorney Jim Hargrove. Resumes are attached as Supplement 1. Labor & Employment counsel Jack Dolan will be responsible for legal services area B (Labor & Employment). Without limitation, those services would include collective bargaining and related matters, (e.g., grievances), mediation and arbitration services, administrative agency proceedings (such as Civil Service, DLR, JLMC, MCAD, and the like), disciplinary proceedings involving town employees, and day-to-day advise, as needed, on employment law and HR issues. This would include counsel as to health insurance matters under Chapter 32B and generally, pandemic-related issues, and the "alphabet soup" of federal and state employment-related laws (ACA, ADA, ADEA, COBRA, FCRA, FLSA, FMLA, GINA, HlPAA, PDA, PFML, USERRA, and more). As you already know, I am a well-seasoned successful municipal lawyer, excellent at municipal Town Counsel services and common sense. I have been on both sides of the table, both as a Select Board member myself- because I am a nine-term elected member of a Select Board- in addition to personally holding the Town Counsel position in several communities (listed below- I have personally held Town Counsel positions since 1986 to and including the present time). I have served as President of the Massachusetts Select Board Association where I had the honor of representing all the Select Board members across the state. I have served ten years as an advisor to the present Governor and his administration, and prior to that, to his predecessor Governor and that administration, on local affairs as a member appointed by the Governor to the Commonwealth's Local Government Advisory Commission. I have also served for ten years as a member of the Massachusetts Municipal Association Board of Directors. I am experienced with legal services areas A through E as indicated on the filled out Attachments to the RFQ. Leonard Kopelman, who founded Kopelman & Paige and who has considerable experience as Town Counsel representing numerous municipalities, has joined Brooks & DeRensis P.C. as of counsel. Attorney Kopelman has decades of municipal law experience. He is particularly well qualified on Town Counsel issues (Legal services area A, and Appellate Tax Board matters in legal services area E). {00030309 ·9999/1>9) BROOKS & DERENSIS P.C. A.Jtorn~s at Law ro BROOKS & DERENSIS Town of Cohasset March 21,2021 Page 3 Jack Dolan has been a town administrator in several communities in addition to being a Labor & Employment attorney. Because we are a mid~size firm, Cohasset is very important to us, and gets personal attention with direct access to top-level senior attorneys, directly consulting with the Town Manager and other Town officials. We do not give "cookie cutter" multi town answers to your questions. We believe in establishing direct communications between the Town Manager and Paul DeRensis and for Leonard Kopelman on all municipal law issues and Jack Dolan on Labor & Employment issues described above. Our lawyers at this level can provide quick response times as questions arise often directly on the same telephone call that initiates the inquiry. Most importantly, we are dedicated to public service and would do whatever we could to make sure that good results were obtained to help you move the Town and its citizens forward. This is not a routine "job" for us: we care about Cohasset and the many excellent townspeople with whom we have had the opportunity to work and befriend. We provide updates on regulations, legislation and court decisions that affect municipalities. We also provide training. We organize, as requested by the Town, training seminars on the following: Open Meeting Law Conflicts and Public Records Substantive Regulatory Jurisdiction applicable to specific boards and land use New Select Board Member Orientation and Training We are also available to conduct on-site training upon request concerning various land use and other issues affecting town boards and commissions and will supply alerts and our newsletters on new decisions and legislation that affects your community. Paul DeRensis currently serves as Town Counsel to the Towns of Cohasset (25 years), Canton (18 years), Mansfield (11 years), Groton (4 years) and (New Braintree 2 years) as special counsel to other municipalities on specific legal issues. In addition, Paul DeRensis served as Town Counsel for the Town of Randolph for 20 years (1990-2010), which we continue to date to represent the town as "outside" counsel, to the present time. Please note that Randolph, Canton, and Cohasset are Norfolk County municipalities, that we have also provided legal services to the Norfolk County Commissioners, and as should be apparent from the foregoing, we are particularly interested in the Norfolk County area of the Commonwealth. We are well familiar with Norfolk Superior Court. {00030309 ·9999/09) BROOKS & DERENSIS P.C. Allorn8.Js at Law ro BROOKS & DERENSIS Town of Cohasset March 21 , 2021 Page 4 Our offices are located at 260 Franklin Street, Suite 700, Boston, Massachusetts within walking distance of the State House, state agencies' offices and the state and federal courts. We carefully have reviewed the criteria set forth in the legal services RFQ and state that we meet or exceed those criteria. We have successfully provided the requested legal services to the Town of Cohasset in all categories and agree to provide the legal services listed in the RFQ for the Town of Cohasset. See your application form filled in, attached. Financial terms are flexible, reasonable, and furnished as an Attachment to this response. Accordingly, I and the firm can continue to bring to the Town of Cohasset the highest level of expertise with all the issues facing a municipality in the Commonwealth of Massachusetts, and, equally important, a sense of hands-on practicality in solving problems. In addition to the submission of this letter, we welcome an opportunity to meet with the Town to discuss these issues and to show you that Paul DeRensis, Leonard Kopelman, and Jack Dolan with Brooks & DeRensis, P.C., continues to be the best choice to assist you into the future. PRD/mlf Enclosures (00030309 -9999 / 09) BROOKS & DERENSIS P.C. Attorn~s at LAw ATIACHMENT A-1 TOWN COUNSEL RESPONSE TO REQUEST FOR QUALIFICATIONS FOR TOWN OF COHASSET LEGAL SERVICES Note: Our response to this RFQ includes this Area of legal Services A combined w ith other legal Services Areas A through E, or some combination of Areas, or any one of these Areas separately. Therefore, our answers are the same in any case here as for the other Areas of Legal Services, except as follows; The answers for labor & Employment legal Services area B are those of labor & Employment Attorney Jack Dolan alone, even though other attorneys such as Paul DeRen sis also has substantial knowledge in this category; lit igation arising in t he labor & Employment work will usually be handled by litigation Attorneys. The answers as t o Special Counsel l egal Services Area E reflect that we do and have done this work in all three subcategories of licensing, cable, and Appellate tax Board work; however, we prefer subcontracting with cable television attorneys with whom we have relationships, to become part of a more comprehensive approach, with such contracted counsel to provide this service to the town through us (the cost of which would be reimbursed to us by the Town) , but if the town so requires, we can do it alone as we have done in the past .