Legal Counsel Supplemental Services

The vendor is required to provide that legal counsel supplemental services for loans, grants, tax credits, real estate development, marketing and other forms of assistance.
a. Real estate and land use:
• Firms selected would represent development on real estate and land use matters, including, but not limited to, the acquisition, sale, leasing, and licensing of real property and all negotiations related thereto; real estate development, including public private partnerships; real estate financing; real estate taxation and tax exemption matters; national, regional and local land use matters; zoning and other land use controls; building and construction codes; compliance; enforcement of lease provisions; property maintenance; and title disputes. 
• While development real estate and land use matters are predominately transactional or regulatory, experience handling real estate and land use disputes (pre-litigation and litigation) is also desirable.
b. Construction 
• Firms selected would be asked to review and analyze contracts, specifications, purchase and job orders and change orders relating to construction and design projects; advise on procurement laws, payment and performance bonds and bid award process; and construction dispute resolution, including surety related issues, litigation and alternative dispute resolution procedures.
c. Environmental 
• Firms selected would represent development on environmental law matters, including, but not limited to, compliance; regulatory matters; permitting; strategic advice; environmental reviews; hazardous and solid waste management; environmental issues associated with the acquisition, disposition and development of real property subject to environmental contamination, brownfields regulation, or federal or state regulatory oversight or enforcement; historic preservation; and environmental litigation and administrative proceedings.
d. Condemnation 
• Firms selected would represent development on matters involving condemnation (a/k/a eminent domain) and takings jurisprudence under the state eminent domain procedure law (“EDPL”), state and united states constitutions, and all applicable laws, regulations and procedures. 
• Providing general advice, the selected firms must be qualified to handle all aspects of condemnation practice, including drafting papers; holding public hearings; conducting property acquisition negotiations; working with real estate appraisers and other consultants; advising development on all related matters; and representing development in all relevant legal proceedings, including, but not limited to, challenges to development condemnation findings and statutory authority, tenant relocation assistance and claims, property vacate orders, valuation trials, and any appeals related to the foregoing litigation matters.
e. Taxation 
• Firms selected would advise development on matters related to federal, state and local taxes and possible tax exemptions on various projects. 
f. Bond financing
• Firms selected would represent development, its affiliates and subsidiaries on securities, bonds, taxes and other related legal matters in connection with the issuance and sale of state supported bonds or tax-exempt conduit bonds. 
• Work may include, but not be limited to, drafting, negotiating, and finalizing sale contracts, resolutions, supplements and amendments, disclosure documents, refunding documents and tax opinions.
g. Labor and employment 
• Firms selected would represent development in both non-litigation and litigation matters. 
• Non-litigation matters may include, but not be limited to, advice on internal employee matters, including severance-related matters, aiding in drafting policies and best practices, and internal investigations. litigation matters may include representation of development in labor and employment-related claims (e.g., title vii, ADA, ADEA) in state and federal courts, as well as administrative hearings, arbitration and mediation.
h. Venture capital investments and other investments 
• Firms selected would advise development in all legal matters in connection with state ventures, development venture capital funds. 
• Such legal matters may include, but not be limited to, drafting, negotiating, and finalizing various types of investment arrangements, including stock purchase agreements, convertible debt instruments, and limited partnership arrangements. 
• Firms selected would also provide additional legal services such as researching and incorporating competitive market terms and program requirements and policy goals into development legal arrangements.
i. Bankruptcy/foreclosure/workout 
• Firms selected would advise development in workout matters, including, but not limited to, bankruptcy and foreclosure, related to loans, grants and all other manner of development assistance.
j. General litigation 
• Firms selected would be expected to advise and represent development in litigation including actions commenced by or against development, its members, officers, and employees arising out of the performance of their duties and responsibilities, civil rights litigation, general commercial litigation and article 78 proceedings. 
• In the case of article 78 and related proceedings, knowledge of the state, its agencies, state authorities and public benefit corporations, the state constitution and the laws governing the operations and relationship among the state and its related entities is required.
k. Intellectual property 
• Firms selected would provide legal advice and assistance regarding all aspects of enforcement of development and the state of intellectual property rights, including, but not limited to, the identification of infringing activity; preparation, transmittal and follow-up of “cease-and-desist” letters, as appropriate; the negotiation and settlement of unauthorized usage of any development or state of intellectual property; and provide legal advice and assistance, including defense, regarding any IP litigation, including, but not limited to, administrative and adversarial proceedings, domestic and international. such legal advice shall also cover copyright matters and any internet and social media issues related to ownership, licensing, and protection of development or the state of intellectual property.
l. Landlord-tenant 
• Firms selected would represent development on landlord-tenant disputes, including, but not limited to, enforcement and eviction proceedings. 
m. Constitutional law 
• Firms selected would provide legal advice, research and assistance and represent development in litigation related to the country constitution and the state constitution, including providing expertise and litigation services with respect to the first amendment and fourteenth amendment issues and claims. 
n. Corporate governance 
• Firms selected would be expected to advise and represent development related to the wide range of issues affecting a public entity, including day-to-day operational issues such as corporate governance, compliance with the open meetings law freedom of information law, state business corporation law and state not-for-profit corporation law. 
o. Federal practice 
• Firms selected would provide legal advice, research and assistance and represent development in litigation related to federal law and regulations, including, but not limited to, laws and regulations related to diversity, equity and inclusion. 
p. Insurance 
• Firms selected would provide legal advice with respect to insurance coverage and indemnification, including assisting development with contractual language, standard insurance requirement language and all other aspects of insurance law. 
q. Admiralty and maritime law 
• Firms selected would be expected to advise and represent development on a range of topics related to economic development projects or other endeavors undertaken by development, including, but not limited to, navigation, liability and insurance and maritime regulations.
- Questions/Inquires Deadline: July 23, 2025