August 2012 - Empire State Development - New York State

V. Contract Term, Price and Funding
The proposed term of the contract is one year. The Firm has agreed to a partner rate of $495
per hour. All other legal personnel will be billed within ESD’s maximum rate structure.
VI.
Contractor and Supplier Diversity
Due to the specialized nature of the services to be rendered, the Office of Contractor and
Supplier Diversity has determined that there is no Minority- and Women-Owned Business
Enterprise (“MWBE”) availability for the scope of work. Accordingly, no MWBE participation
goals will be established for this contract.
VII.
Environmental Review
ESD staff has determined that the requested authorization constitutes a Type II action as
defined by the New York State Environmental Quality Review Act and the implementing
regulations of the New York State Department of Environmental Conservation. No further
environmental review is required in connection with the authorization
VIII.
Requested Action
The Directors are requested to (1) make a determination of responsibility with respect to the
proposed contractor; (2) authorize the Corporation to enter into a contract with Foley &
Lardner LLP for an amount not to exceed $50,000 on the terms set forth above, including a
partner rate of $495/hr.
IX.
Recommendation
Based on the foregoing, I recommend approval of the requested actions.
X. Attachments
Resolution
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