Board of Selectmen Regular Meeting

6S
BOARD OF SELECTMEN REGULAR MEETING 
/
Tuesday, December 16, 2025
5:00 PM
Waterford Town Hall (Auditorium)
(Procedural Action: Check register to be signed by the Board of Selectmen in
accordance with CGS 7-83)
1. 
Callto Order & Roll Call:
2. 
Pledge of Allegiance
3. 
Public Comment:
4. 
Public Works: To consider and act on a request from the Public Works
Director, Gary Schneider, for an additional appropriation of $10,027 to line
10130-51520 (Highway Maintenance) for an employee payout and if
approved, forward to the BOF as required.
5. Public Works: To consider and act on a request from the Public Works
Director, Gary Schneider, for an additional appropriation of $14,220 to line
10130-51530 (Refuse Collection) for an employee payout and if approved,
forward to the BOF as required.
6. 
Public Works: To consider and act on the following request for a FY26 In-
Series Transfer from Director of Public Works, Gary Schneider, in the amount
of $4,000 to cover the cost of street tree maintenance due to the tree truck still
being out for repair with a new arrival date of mid-January.
7. 
Public Works: To consider and act on a recommendation from Purchasing
Agent, Shea Davy, on behalf of Director of Public Works, Gary Schneider, for
surplus disposal of six (6) — 8 cubic yard meta dumpsters (not listed on the
asset listing) and a 2012 Ford F-250, VIN #1FTBF2B68CEA59387, ASSET
#101133, FLEET ID H19, as these items have past their service lifeand been
replaced.

10.
M1.
12.
13.
Emergency Management — State Homeland Security Grant Program
Region 4 Memorandum Agreement: RESOLVED, that the Board of
Selectmen may enter into with and deliver to the State of Connecticut
Department of Emergency Services and Public Protection, Division of
Emergency Management and Homeland Security any and all documents
which it deems to be necessary or appropriate; and FURTHER RESOLVED,
that Robert J. Brule, as First Selectman of the Town of Waterford, is authorized
and directed to execute and deliver any and all documents on behalf of the
Town of Waterford and to do and perform all acts and things which he/she
deems to be necessary or appropriate to carry out the terms of such documents,
including, but not limited to, executing and delivering all agreements and
documents contemplated by such documents.
Fire Services: To consider and act on the following request for a FY26 Out-
of-Series Transfer from Director of Fire Services, Chris Haley, in the amount
of $4,019 to cover the cost of W-25 tire replacement, and forward on to the
Board of Finance if approved.
Fire Services: To consider and act on the following request for a FY26 Out-
of-Series Transfer from Director of Fire Services, Chris Haley, in the amount
of $6,000 to cover the cost of rear tire replacement on W-41 and W-36, per
DOT inspection, and forward on to the Board of Finance if approved.
Fire Services: To consider and act on a recommendation from Purchasing
Agent, Shea Davy, on behalf of Director of Fire Services, Chris Haley, for
surplus disposal of a Brush Truck Fire Pump and Tank Skid Unit, as these
items have outlived their usefulness to the department.
Fire Services: To consider and act on a recommendation from Purchasing
Agent, Shea Davy, on behalf of Director of Fire Services, Chris Haley, for
surplus 
disposal 
of several items 
including 
self-contained breathing
apparatuses, self-contained breathing regulators, rapid intervention pack,
submersible pumps, tools, lights, spreader, cutter and a ska-pal cylinder, as

g
y
Properties Commission.
15. New Business:
16. Old Business:
17. Correspondence:
17a. The First Selectman has re-appointed Michael Buscetto, (UD) to the
Economic Development Commission, to fill the term of 9/1/26-8/31/30 as
a member.
17b.US Treasury Report — Final Quarterly thru 12.31.25
17c. State of CT Additional Revalution email from Rob Brule
17d. Council of Government Letters of Support for Changes to Reval
Cycle email from Rob Brule
17e. Solar Legislation Letter — email from Rob Brule
18. Consent Agenda
18a. Tax Refund
18b. Board of Selectmen Regular Meeting Minutes November 18, 2025
19, Adjournment:

To: 
Robert Brule, First Selectman
From: 
Gary J Schneider, Director of Public Works
ce: 
Kimberly Allen, Finance Director
Date: 
December 5, 2025
Re: 
Additional Appropriations
| respectfully request additional appropriations in the amount of:
* 
$10,027 to line item 10130-81520 (Highway Maintenance) for an employee payout that
is required under the current collective bargaining agreement. The employee retired and
his last day was September 26, 2025,
¢ 
$14,220 to line item 10130-51530 (Refuse Collection) for an employee payout that is
required under the current collective bargaining agreement. The Town separated the
employee with good standing from empicyment with the Town. His last day was
October 10, 2025.

In Series (Over $1900)
FY26 - 2nd Quarter
Public Works.
DEPARTMENT
APPROVED 
CURRENT 
Budget 
Budget 
REVISED
Budget 
Budget 
_ Transfer 
Transfer 
Budget
Line No. 
Org. Code 
Object Code 
Object Description 
Amount 
—__ Amount 
INCREASE 2DECREASE: 
Amount
i 
10130 
52470 
‘Solid Waste 
$1,004,950 1 $ 
35,323 
{4,000.00}| $ 
31,323
2 
10130 
$2410 
Street Tree Maintenance 
$ 
10,000 | $ 
Ki 
4,000.00 
$ 
5,136
TOTAL 
4,000.00 
(4,000.00)
Explanation:
See attached memo
Email 
42/5/2025
Department Head 
Date
Kim Allen 
12/8/2025
Director of Finance 
Date
First Selectman 
Date
Commission/Board Approval 
Date
revised 8/13/20

costs to a minimum, the Department provides traffic control and re
o
g
diameter wood. The contractor chips the smatler limbs and branches.
Line 2. 10130-52470 — Salid Waste Disposal
Decrease $4,000. While collection weights from the residential side continue to hold to
the estimate, the weights from the commercial side lower.

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Viemo
To: 
The Board of Selectmen
From: 
Shea Davy
Date: 
December 9, 2025
Re: 
Disposal ofaged assets
Dear Mr. Brule,
In accordance with the Town Property Ordinance, Chapter 3.08.020, it is requested
that the Board of Selectmen please consider an act to surplus for disposal, on Behalf
of the Public Works Department, the following items; as these items have past their
service life for the department and have been replaced. Upon your approval, the
Purchasing Agent will dispose of this item by auction.
« 
Six (6) — 8 Cubic yard meta dumpsters — not listed on the asset listing
® 
2012 Ford F-250, VIN 1FTBF2B68CEA59387, ASSET #101133, FLEET ID
Hi9
Thank you for your consideration
Shee 
Daih
SheaDavy 
<7
Purchasing Agent,
Town of Waterford

TO: 
| 
___ Shea Davy, Purchasing Agent
FROM: 
Gary J. Schneider, Director of Public Works
SUBJECT: 
Surplus {tems
The Department requests the following pieces of equipment be declared surplus.
4. 
Six (6) ~ 8 Cubic yard metal dumpsters that are past their service life, Their replacement
cost is $1,411/each, below the threshold for inclusion on the fixed asset list.
2. 
Old H-19
Year: 2012
Make/Model: Ford F-250
VIN: 1FTBF2B68CEA59387
Current Mileage: 166,162
Asset # 101133
| request these items be forwarded for consideration by the Board of Selectman for approval of
this request.
Regards,
Gary J. Schneider, Director
Attachments:
Dumpster Photos
H-19 Photo

INTER-OFFICE CORRESPONDENCE
DATE: December 1, 2025
TO: Gary Schneider, Director of Public Works
FROM: Garon VanOverloop, Lead Fleet Mechanic
RE: Surplus
H19-2012 Ford F250, [FTBF2B68CEA59387 has been replaced per the Fleet
Management Plan and can be declared surplus.
Garon VanOverloop
Lead Fleet Mechanic


peas
Eye
AS 
at
ae fe oe


To: 
The Board of Selectmen
From: 
Shea Davy
Date: 
December 10, 2025
Re: 
Award-RFP#26-003 Request for Proposals for Engineering Servicesto Identify the Capital
requirements surrounding the potential renewal ofthe Waterford /New London Interlocal Water
Agreement
Dear Mr. Brule:
Proposals for the above-mentioned project were opened on October 16, 2025 by Jill
Stevens, Director of the Waterford Utility Commission and I with the attached results.
After careful review of the submitted proposals, reference checks and interviews it was
determined that Resilient Land And Water, LLC proposal was the lowest qualified
bidder that is able to meet the needs of the Town and therefore | recommend they be
awarded the contract to perform the services stated in this solicitation in the amount of
$110,000.00.
Funds will be available in line acct# 20531-57898 Engineering Interlocal Water.
oh 6 Davy.
Shéa Davy 
¢
Purchasing Agent,
Town of Waterford

Inter-Office Correspondence
TO: Shea Davy, Purchasing Agent
FROM: Jill N. Stevens, Director of Utilities
DATE: December 10, 2025
RE: Engineering Services to Identify the Capital Requirements Surrounding the Potential Renewal
of the Waterford/New London Interlocal Water Agreement RFP #26-003
Dear Ms. Davy,
On September 16, 2025, the Utility Commission solicited Requests for Proposals for Engineering
Services to Identify the Capital requirements surrounding the potential renewal of the Waterford/New
London Interlocal Water Agreement. Three firms submitted proposals; at the December 9, 2025
regular meeting of the Utility Commission the Commission acted to endorse the Water Agreement
Working Group’s recommendation to award the bid to Resilient Land and Water, and to forward such
recommendation to the Board of Selectman.
Thank you.

PLACE: 
1000 Hartford Turnpike
PRESIDING: 
Chairman Ken Kirkman
MEMBERS PRESENT: 
— Ryan Boyle and Ray Valentini
ABSENT MEMBERS: 
Jerry Porter
ALSO PRESENT: Attorney Nicholas Kepple, Legal Counsel
Staff: Jill Stevens, Director of Utilities
Shawn Matthews, Assistant Director of Utilities
Amy Windle, Office Coordinator/Recording Secretary
Chairman Kirkman called the meeting to order at 6:01 pm
CITIZEN SESSION-
None
SECRETARY'S REPORT
MOTION 
Made by Mr, Valentini to approve the Minutes of November 12, 2025, Mr. Boyle
seconded.
VOTE 
The motion passed unanimously.
BILLING ADJUSTMENTS
The Commission reviewed the November adjustments. The adjustment report will be kept in the
office for review.
EXPENDITURES
MOTION 
Made by Mr. Valentini to approve the November 2025 bill list, Mr. Boyle
seconded,
VOTE 
The motion passed unanimously,
QLD BUSINESS
« 
Einancial Report
The financials for October were reviewed,

* 
Director's Report
Ms. Stevens reviewed har report that provides updated information on all Utility
Commission Capital and Operational projects currently funded. A capy of the Director’s
Report will be attached to the minutes when posted,
Mr. Matthews reviewed the Asset Management report.
e 
SCWAAdVvisory Board
Mr. Valentini and Mr. Boyle have consented to be recommended by First Selectman
Brule to serve on the Representative Advisory Board for SCWA.
NEW BUSINESS
WATER
City of New London/Veolia Report.
The Commission reviewed the report. Ms. Stevens reported that New Landon has hired a consultant to
look at New London and Waterford’s water usage. This is an attempt to find unbilled water
consumption.
Water Agreement Working Group Update
Mr. Valentini gave an update on this Working Group. He reported that three firms submitted pricing
and qualifications to the RFP for Engineering Services to identify the Capital Requirements Surrounding
the Potential Renewal of the Waterford/New London Interlocal Water Agreernent. After interviewing all
three firms, the Working Group recommended that the Commission submit a recommendation to the
Board of Selectmen to award the contract to Resilient Land & Water. The Working Group felt this firm
would be the best fit to meet the Town’s needs on this project. Ms. Stevens and Attorney Kepple also
spoke highly of the firm.
MOTION 
made by Mr. Valentini to recommend that the Board of Selectmen award the
contract to Resilient Land & Water for Engineering Services to Identify the
Capital Requirements Surrounding the Potential Renewal of the Waterford/New
London interiocal Water Agreement and not to exceed $110,000, seconded by
Mr. Boyle
VOTED 
The motion passed unanimously.
2|Fage

PERSONNEL
Sewer Tech | position is still vacant, One interview will be scheduled for an outside applicant.
OTHER
Chairman Kirkman announced the Commission new member’s appointment, Beth Sabilia. She will start
in January.
ADJOURNMENT
With no further business before the Commission, the meeting adjourned at 7:03 p.m.
MOTION 
Made by Mr. Boyle to adjourn, Mr. Valentini seconded.
VOTE 
The motion passed unanimously.
Respectfully submitted,
Amy Windle
Recording Secretary

15 Rope Ferry Road
Waterford, CT 06385
Re: 
RFP No. 26-003 — Engineering Services to Identify the Capital Requirements Surrounding the
Potential Renewal of the Waterford/New London Interlocal Water Agreement
Resilient Land And Water, LLC (RLW) appreciates the opportunity to provide the Town of Waterford with
additional cost information. We have reduced the estimated hours for some of the tasks listed in the
budget that was previously provided in the proposal. The scope of services remains the same, with the
five meetings specified in the proposal plus the additional meetings discussed in the follow-up letter
(SECCOG, WUCC, and others that are incidental to data collection}.
A revised fee of $110,000 is hereby offered.
Please contact the undersigned if you have any questions.
Sincerely,
David Murphy, PE, CEM
(860) 881-7677
dmurphy@resilientlandandwater.com

Bid fabulalion Sheet: :
SRFPH26- 7003 Engineering Services te Identty the Copltal requirements surrounding ihe polenital renawal ot the WateHord/New London Interlocal Water
October 16, 2025 at 
2:00PM. 
:

Received by: Steven Sinagra
For the Amendment:
A municipal point of contact has been identified
The Chief Executive Officer’s name and title has been typed in the space provided.
The Town Clerk has certified through the use of a raised town seal or notarization that
the CEO listed on the latest applicable HSGP Funding Year Memorandum of
Agreement remains the CEO for the listed municipality.
Instructions for: 
Region 4 Fiduciary Agent
Received by: <name>
The fiduciary agent’s Chief Executive Officer’s name and title has been signed in the
space provided.
[| The municipality’s CEO’s name and title has been typed in the space provided
[ | The Town Clerk has certified through the use of a raised town seal or notarization that
the CEO listed on the FY 2023 HSGP Memorandum of Agreement remains the CEO for
the listed municipality.
Submit completed MOAs and resolutions by email to DEMHS.HSGP@ct.gov on a quarterly
basis prior to completion of FY 2024 expenditures.
Please note: The Fiduciary shall complete Custodial Ownership Form for any Municipality
that takes ownership of equipment purchased with 2024 HSGP funds by the REPT. (Sample
attached, Fiduciary will complete for custodial owners of equipment purchased under the FY
2024 Homeland Security Grant Program).

Regarding use of Federal Fiscal year 2024 State Homeland Security Grant (HSGP) funding and
custodial ownership of regional assets in DEMHS.
1. This is an Amendment to the Memorandum of Agreement (MOA) between DESPP/DEMHS,
the municipality of waterroro 
the fiduciary agent Southeastern CT COG
and the Region 4 REPT concerning the Federal Fiscal Year 2024 State Homeland Security
Grant funding and custodial ownership of regional assets in DEMHS Region 4 
_.
2. This Amendment is presented as the updated Agreement for Federal Fiscal Year 2024 of the
State Homeland Security grant funding.
3. DESPP/DEMHS and municipality of waTeRFoRD 
agree to the continuation of the most
recent Memorandum of Agreement and all terms and conditions set therein for the FY 2024
Homeland Security Grant Program, authorizing DESPP/DEMHS to act as the agent of
municipality of WATERFORD 
and allowing the DESPP/DEMHS to retain and administer
grant funds provided under 2024 Homeland Security Grant Program (HSGP) for state-
administered projects on behalf of the local unit of government, listed below.
4. All references to the Federal Fiscal Year shall be changed to Federal Fiscal Year 2024.
5. Section A4, A6, and Section C1 of the original agreement shall be deleted. Section Ad of the
original agreement shall be amended to read:
For FY 2024, the municipality of WATERFORD 
is eligible to participate in those Federal
Fiscal Year 2024 SHSGP regional allocations made through the Region 
4 REPT in the amount
of $346,203.97 ($330,203.97 for regional projects, $6,000.00 for soft target projects, and an
additional $10,000.00 for the regional hazardous materials team) for Region 4 , which will be
made available to the jurisdictions in Region + in the manner recommended by the Region 4
REPT in accordance with its approved bylaws, upon execution of the grant application and as
accepted by DESPP/DEMHS
6. The State of Connecticut is retaining pass-through funds from 2024 SHSGP in the total amount
of $1,054,243.69 on behalf of local units of government, for projects identified in the following
investment justifications designed to benefit and support the state’s municipalities:

y
p
* 
New England Disaster Training Center;
+ 
Enhancing Cybersecurity*;
* 
Combating Domestic Violent Extremism*;
* 
Enhancing election security*;
+ 
Enhancing Connecticut Operational Readiness and Response
(*denotes National Priority Project)
7. 
Section B1 shall be amended to read:
“DESPP/DEMHS and municipality of WATERFORD 
enter into Part I of this MOA
authorizing DESPP/DEMHS to act as the agent of municipality of WATERFORD
and allowing the DESPP/DEMHS to retain and administer grant funds provided under
2024 SHSGP for the identified state administered local projects listed above, and also
for the fiduciary agent of Southeastem CTCOG 
to provide the financial programmatic
oversight described below.”
8. 
Section D shall be amended to read:
“D, Southeastern CT CoG and municipality of WATERFORD 
Responsibilities.
1. Municipality of WATERFORD 
agrees to allow the Southeastern CTCOG to provide
financial and programmatic oversight of the Federal Fiscal Year 2024 regional
allocation in the amount of $346,203.97 ($330,203.97 for regional projects,
$6,000.00 for soft target projects, and an additional $10,000.00 for the regional
hazardous materials team) targeted to member municipalities in DEMHS Region
_4_and recommended through the Region _4 REPT in accordance with is
approved bylaws. Such funds will be applied to specific projects developed and
approved by the Region _4 REPT and DESPP/DEMHS.”
9. All other terms and conditions of the original MOA, which were not modified by this
amendment shall remain in full force and effect.
10. Points of Contact: the following individuals are identified as Points of Contact for the
Grantor agency and the Subgrantee:
Subgrantee/Regional 
Regional Emergency
DESPP/DEMHS 
Fiduciary 
Planning Team Chair
Brenda Bergeron, Deputy
Commissioner 
Southeastern CT COG
Brenda, bergeron@ct.gov 
mpaquette@secogct.gov
11. Approvals and acceptances: the signature below, or on behalf of the above named
grantee, indicates acceptance of the above references award and further certifies that the
signee has the authority to execute this agreement on behalf of the grantee,

in agreement.
If the town, town CEO, or other designated agent do not agree or approve of the
Amendment they must contact DESPP/DEMHS within 30 days of receipt of this
Amendment. If DESPP/DEMHS is not notified within the 30 days, the Amendment will
be considered incorporated into the original agreement.
Through this amendment towns are not required sign MOAs each fiscal year as long as
the authorized signing agent has not changed. This Amendment may be accepted by
notification through e-mail and submitted to DEMHS through the regional
fiduciary, with a notarization that the town CEO signatory on the FY 2023 MOA
remains as the CEO.
For the municipality of WATERFORD :
Robert Brule 
First Selectman
CEO Typed Name 
Title 
am own
(No CEO signature 
Notary
required)
For the goutheastern CT COG as the Region 4 _ Fiduciary Agent:
Date
Its Chief Executive Officer
Duly Authorized
Signed Name
For the Department of Emergency Services and Public Protection:
Deputy Commissioner 
Date
Brenda M. Bergeron
Duly Authorized

1,2
1.3
1.4
15
1.6
17
1.8
19
1,10
111
1.12
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: ¢ 4
in equity, in any forum
Contract: This agreement, as of its effective date, between or among the Parties.
Contractor Parties: A Contractor’s members, directors, officers, shareholders, partners,
managers, principal officers, representatives, agents, servants, consultants, employees or any
one of them or any other person or entity with whom the Contractor is in privity of oral or
written contract and the Contractor intends for such other person or entity to Perform under
the Contract in any capacity.
Goods: All things which are movable at the time that the Contract is effective and which include,
without limiting this definition, supplies, materials and equipment, as specified in the
Solicitation.
Goods or Services: Goods, Services or both, as specified in the Solicitation.
Perform: For purposes of this Contract, the verb “to perform” and the Contractor's performance
set forth in this Contract are referred to as “Perform,” “Performance” and other capitalized
variations of the term.
Records: All working papers and such other information and materials as may have been
accumulated by the Contractor in Performing the Contract, including but not limited to,
documents, data, plans, books, computations, drawings, specifications, notes, reports, records,
estimates, summaries, memoranda and correspondence, kept or stored in any form.
Services: The performance of labor or work, as specified in the Solicitation and as set forth in
this Contract.
Solicitation: A State request, in whatever form issued, inviting bids, proposals or quotes for
Goods or Services, typified by, but not limited to, an invitation to bid, request for proposals,
request for information or request for quotes. The Solicitation and this Contract shall be
governed by the statutes, regulations and procedures of the State of Connecticut Department of
Administrative Services, even if the Agency has statutes, regulations and procedures which
overlap DAS’s. However, to the extent that the Agency has statutes, regulations or procedures
which the Agency determines in its sole discretion to be inconsistent with DAS’s, the Agency’s
shall contro! over those of DAS’s. The Solicitation is incorporated into and made a part of the
Contract as if it had been fully set forth in it if, but only if, the Solicitation is in the form of an
invitation to bid, request for information or request for quotes. A Solicitation in the form of a
request for proposals is not incorporated into the Contract in its entirety, but, rather, it is
incorporated into the Contract only to the extent specifically stated.
State: The State of Connecticut, including the Agency and any office, department, board,
council, commission, institution or other agency or entity of the State.
Termination: An end to the Contract prior to the end of its term whether effected pursuant to a
right which the Contract creates or for a breach.
Title: all ownership, title, licenses, rights and interest, including, but not limited to, perpetual
use, of and to the Goods or Services.
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was made. The contractor will comply with federal and state singe audit standards as
applicable.
SECTION 3: Whistleblowing.
3.1
This Contract may be subject to the provisions of Section 4-61dd of the Connecticut General
Statutes. In accordance with this statute, if an officer, employee or appointing authority of the
Contractor takes or threatens to take any personnel action against any employee of the
Contractor in retaliation for such employee's disclosure of information to any employee of the
contracting state or quasi-public agency or the Auditors of Public Accounts or the Attorney
General under the provisions of subsection (a) of such statute, the Contractor shall be liable for
a civil penalty of not more than five thousand dollars for each offense, up to a maximum of
twenty per cent of the value of this Contract. Each violation shall be a separate and distinct
offense and in the case of a continuing violation, each calendar day's continuance of the
violation shall be deemed to be a separate and distinct offense. The State may request that the
Attorney General bring a civil action in the Superior Court for the Judicial District of Hartford to
seek imposition and recovery of such civil penalty. In accordance with subsection (i) of such
statute, each large state contractor, as defined in the statute, shall post a notice of the
provisions of the statute relating to large state contractors in a conspicuous place which is
readily available for viewing by the employees of the Contractor.
SECTION 4: Disclosure of Records.
AL
This Contract may be subject to the provisions of section 1-218 of the Connecticut General
Statutes. In accordance with this statute, each contract in excess of two million five hundred
thousand dollars between a public agency and a person for the performance of a governmental
function shall (a) provide that the public agency is entitled to receive a copy of records and files
related to the performance of the governmental function, and (b) indicate that such records and
files are subject to FOIA and may be disclosed by the public agency pursuant to FOIA. No request
to inspect or copy such records or files shall be valid unless the request is made to the public
agency in accordance with FOIA. Any complaint by a person who is denied the right to inspect or
copy such records or files shall be brought to the Freedom of Information Commission in
accordance with the provisions of sections 1-205 and 1-206 of the Connecticut General Statutes.
SECTION 5: Access to Contract and State Data,
5.1 
The Contractor shall provide to the Agency access to any data, as defined in Conn. Gen Stat. Sec.
4e-1, concerning the Contract and the Agency that are in the possession or control of the
Contractor upon demand and shall provide the data to the Agency in a format prescribed by the
Agency and the State Auditors of Public Accounts at no additional cost.
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of venue, the complaint shall be made returnable to the Judicial District of Hartford only or shail
be brought in the United States District Court for the District of Connecticut only, and shall not
be transferred to any other court, provided, however, that nothing here constitutes a waiver or
compromise of the sovereign immunity of the State of Connecticut. The Contractor waives any
objection which it may now have or will have to the laying of venue of any Claims in any forum
and further irrevocably submits to such jurisdiction in any suit, action or proceeding.
SECTION 7; Termination.
71
7.2
7.3
74
Notwithstanding any provisions in this Contract, the Agency, through a duly authorized
employee, may Terminate the Contract whenever the Agency makes a written determination
that such Termination is in the best interests of the State. The Agency shall notify the
Contractor in writing of Termination pursuant to this section, which notice shall specify the
effective date of Termination and the extent to which the Contractor must complete its
Performance under the Contract prior to such date.
Notwithstanding any provisions in this Contract, the Agency, through a duly authorized
employee, may, after making a written determination that the Contractor has breached the
Contract, Terminate the Contract in accordance with the provisions in the Breach section of this
Contract.
The Agency shall send the notice of Termination via certified mail, return receipt requested, to
the Contractor at the most current address which the Contractor has furnished to the Agency
for purposes of correspondence, or by hand delivery. Upon receiving the notice from the
Agency, the Contractor shall immediately discontinue all services affected in accordance with
the notice, undertake all commercially reasonable efforts to mitigate any losses or damages,
and deliver to the Agency all Records. The Records are deemed to be the property of the
Agency and the Contractor shall deliver them to the Agency no later than thirty (30) days after
the Termination of the Contract or fifteen (15) days after the Contractor receives a written
request from the Agency for the Records. The Contractor shall deliver those Records that exist
in electronic, magnetic or other intangible form in a non-proprietary format, such as, but not
limited to, ASCII or .TXT.
Upon receipt of a written notice of Termination from the Agency, the Contractor shall cease
operations as the Agency directs in the notice, and take all actions that are necessary or
appropriate, or that the Agency may reasonably direct, for the protection, and preservation of
the Goods and any other property. Except for any work which the Agency directs the Contractor
to Perform in the notice prior to the effective date of Termination, and except as otherwise
provided in the notice, the Contractor shall terminate or conclude all existing subcontracts and
purchase orders and shall not enter into any further subcontracts, purchase orders or
commitments.
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7.6
77
7.8
subcontracts, purchase orders and other commitments, deliver to the Agency all Records and
other information pertaining to its Performance, and remove from State premises, whether
leased or owned, all of Contractor's property, equipment, waste material and rubbish related to
its Performance, all as the Agency may request.
For breach or violation of any of the provisions in the section concerning representations and
warranties, the Agency may Terminate the Contract in accordance with its terms and revoke any
consents to assignments given as if the assignments had never been requested or consented to,
without liability to the Contractor or Contractor Parties or any third party.
Upon Termination of the Contract, all rights and obligations shall be null and void, so that no
party shall have any further rights or obligations to any other party, except with respect to the
sections which survive Termination. All representations, warranties, agreements and rights of
the parties under the Contract shall survive such Termination to the extent not otherwise
limited in the Contract and without each one of them having to be specifically mentioned in the
Contract.
Termination of the Contract pursuant to this section shall not be deemed to be a breach of
contract by the Agency.
SECTION 8: Tangible Personal Property.
8.1
The Contractor on its behalf and on behalf of its Affiliates, as defined below, shall comply with
the provisions of Conn. Gen. Stat. §12-411b, as follows:
8.1.1 
For the term of the Contract, the Contractor and its Affiliates shall collect and remit to
the State of Connecticut, Department of Revenue Services, any Connecticut use tax due
under the provisions of Chapter 219 of the Connecticut General Statutes for items of
tangible personal property sold by the Contractor or by any of its Affiliates in the same
manner as if the Contractor and such Affiliates were engaged in the business of selling
tangible personal property for use in Connecticut and had sufficient nexus under the
provisions of Chapter 219 to be required to collect Connecticut use tax;
8.1.2 
Acustomer’s payment of a use tax to the Contractor or its Affiliates relieves the
customer of liability for the use tax;
8.1.3 
The Contractor and its Affiliates shall remit all use taxes they collect from customers on
or before the due date specified in the Contract, which may not be later than the last
day of the month next succeeding the end of 
a calendar quarter or other tax collection
period during which the tax was collected;
8.1.4 
The Contractor and its Affiliates are not liable for use tax billed by them but not paid to
them by a customer; and
8.1.5 
Any Contractor or Affiliate who fails to remit use taxes collected on behalf of its
customers by the due date specified in the Contract shall be subject to the interest and
CE
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8.3
security  means a security that confers upon the holder the right to vote for the election of
members of the board of directors or similar governing body of the business, or that is
convertible into, or entitles the holder to receive, upon its exercise, a security that confers such
a right to vote. “Voting security” includes a general partnership interest.
The Contractor represents and warrants that each of its Affiliates has vested in the Contractor
plenary authority to so bind the Affiliates in any agreement with the State of Connecticut. The
Contractor on its own behalf and on behalf of its Affiliates shall also provide, no later than 30
days after receiving a request by the State’s contracting authority, such information as the State
may require to ensure, in the State’s sole determination, compliance with the provisions of
Chapter 219 of the Connecticut General Statutes, including, but not limited to, §12-411b.
SECTION 9: Indemnification.
9.1
9.2
9.3
9.4
The Contractor shall indemnify, defend and hold harmless the State and its officers,
representatives, agents, servants, employees, successors and assigns from and against any and
all (1) Claims arising, directly or indirectly, in connection with the Contract, including the acts of
commission or omission (collectively, the “Acts") of the Contractor or Contractor Parties; and
(2) liabilities, damages, losses, costs and expenses, including but not limited to, attorneys’ and
other professionals' fees, arising, directly or indirectly, in connection with Claims, Acts or the
Contract. The Contractor shall use counsel reasonably acceptable to the State in carrying out its
obligations under this section. The Contractor's obligations under this section to indemnify,
defend and hold harmless against Claims includes Claims concerning confidentiality of any part
of or all of the Contractor's bid, proposal or any Records, any intellectual property rights, other
proprietary rights of any person or entity, copyrighted or uncopyrighted compositions, secret
processes, patented or unpatented inventions, articles or appliances furnished or used in the
Performance.
The Contractor shall not be responsible for indemnifying or holding the State harmless from any
liability arising due to the negligence of the State or any third party acting under the direct
control or supervision of the State.
The Contractor shall reimburse the State for any and all damages to the real or personal
property of the State caused by the Acts of the Contractor or any Contractor Parties. The State
shall give the Contractor reasonable notice of any such Claims.
The Contractor's duties under this section shall remain fully in effect and binding in accordance
with the terms and conditions of the Contract, without being lessened or compromised in any
way, even where the Contractor is alleged or is found to have merely contributed in part to the
Acts giving rise to the Claims and/or where the State is alleged or is found to have contributed
to the Acts giving rise to the Claims.
K cae
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9.6
contributorily negligent.
This section shall survive the Termination of the Contract and shall not be limited by reason of
any insurance coverage.
SECTION 10: Sovereign Immunity.
10,1
The parties acknowledge and agree that nothing in the Solicitation or the Contract shall be
construed as a modification, compromise or waiver by the State of any rights or defenses of any
immunities provided by Federal law or the laws of the State of Connecticut to the State or any of
its officers and employees, which they may have had, now have or will have with respect to all
matters arising out of the Contract. To the extent that this section conflicts with any other
section, this section shall govern.
SECTION 11: Summary of State Ethics Laws.
111
Pursuant to the requirements of section 1-101qq of the Connecticut General Statutes (a) the
State has provided to the Contractor the summary of State ethics laws developed by the State
Ethics Commission pursuant to section 1-81b of the Connecticut General Statutes, which
summary is incorporated by reference into and made a part of this Contract as if the summary
had been fully set forth in this Contract; (b) the Contractor represents that the chief executive
officer or authorized signatory of the Contract and all key employees of such officer or signatory
have read and understood the summary and agree to comply with the provisions of state ethics
law; (c) prior to entering into a contract with any subcontractors or consultants, the Contractor
shall provide the summary to all subcontractors and consultants and each such contract entered
into with a subcontractor or consultant on or after July 1, 2021, shall include a representation
that each subcontractor or consultant and the key employees of such subcontractor or
consultant have read and understood the summary and agree to comply with the provisions of
state ethics law; (d) failure to include such representations in such contracts with subcontractors
or consultants shall be cause for termination of the Contract; and (e) each contract with such
contractor, subcontractor or consultant shall incorporate such summary by reference as a part
of the contract terms.
SECTION 12: Audit and Inspection of Plants, Places of Business and Records.
12.1
12.2
The State and its agents, including, but not limited to, the Connecticut Auditors of Public
Accounts, Attorney General and State’s Attorney and their respective agents, may, at
reasonable hours, inspect and examine all of the parts of the Contractor's and Contractor
Parties’ plants and places of business which, in any way, are related to, or involved in, the
performance of this Contract.
The Contractor shall maintain, and shall require each of the Contractor Parties to maintain,
accurate and complete Records. The Contractor shall make all of its and the Contractor Parties’
Records available at all reasonable hours for audit and inspection by the State and its agents.
i
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12.5
12.6
12.7
such audit or inspection no later than 30 days after receiving an invoice from the State. !f the
State does not receive payment within such time, the State may setoff the amount from any
moneys which the State would otherwise be obligated to pay the Contractor in accordance with
this Agreement’s setoff provision.
The Contractor shall keep and preserve or cause to be kept and preserved all of its and
Contractor Parties’ Records until three (3) years after the latter of (i) final payment under this
Agreement, or (ii) the expiration or earlier termination of this Agreement, as the same may be
modified for any reason. The State may request an audit or inspection at any time during this
period. If any Claim or audit is started before the expiration of this period, the Contractor shall
retain or cause to be retained all Records until all Claims or audit findings have been resolved.
The Contractor shall cooperate fully with the State and its agents in connection with an audit or
inspection. Following any audit or inspection, the State may conduct and the Contractor shall
cooperate with an exit conference.
The Contractor shall incorporate this entire Section verbatim into any contract or other
agreement that it enters into with any Contractor Party.
SECTION 13: Campaign Contribution Restriction.
13.1
For all State contracts, defined in Conn. Gen. Stat. §9-612 as having a value in a calendar year of
$50,000 or more, or a combination or series of such agreements or contracts having a value of
$100,000 or more, the authorized signatory to this Agreement expressly acknowledges receipt
of the State Elections Enforcement Commission’s notice advising state contractors of state
campaign contribution and solicitation prohibitions, and will inform its principals of the contents
of the notice.
SECTION 14: Protection of Confidential Information.
14.1
14.2
Contractor and Contractor Parties, at their own expense, have a duty to and shail protect from a
Confidential Information Breach any and all Confidential Information which they come to
possess or control, wherever and however stored or maintained, in a commercially reasonable
manner in accordance with current industry standards.
Each Contractor or Contractor Party shall develop, implement and maintain a comprehensive
data - security program for the protection of Confidential Information. The safeguards
contained in such program shall be consistent with and comply with the safeguards for
protection of Confidential Information, and information of a similar character, as set forth in all
applicable federal and state law and written policy of the Department or State concerning the
confidentiality of Confidential Information. Such data-security program shall include, but not be
limited to, the following:
14.2.1 Asecurity policy for employees related to the storage, access and transportation of data
containing Confidential Information;
|S|
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14.3
14.4
14.5
The Contractor and Contractor Parties shall notify the Department and the Connecticut Office of
the Attorney General as soon as practical, but no later than twenty-four (24) hours, after they
become aware of or suspect that any Confidential Information which Contractor or Contractor
Parties have come to possess or control has been subject to a Confidential Information Breach.
if a Confidential information Breach has occurred, the Contractor shall, within three (3) business
days after the notification, present a credit monitoring and protection plan to the Commissioner
of Administrative Services, the Department and the Connecticut Office of the Attorney General,
for review and approval. Such credit monitoring or protection plan shall be made available by
the Contractor at its own cost and expense to all individuals affected by the Confidential
Information Breach. Such credit monitoring or protection plan shall include, but is not limited to
reimbursement for the cost of placing and lifting one (1) security freeze per credit file pursuant
to Connecticut General Statutes § 36a-701a. Such credit monitoring or protection plans shall be
approved by the State in accordance with this Section and shall cover a length of time
commensurate with the circumstances of the Confidential Information Breach. The Contractors’
costs and expenses for the credit monitoring and protection plan shall not be recoverable from
the Department, any State of Connecticut entity or any affected individuals.
The Contractor shail incorporate the requirements of this Section in all subcontracts requiring
each Contractor Party to safeguard Confidential Information in the same manner as provided for
in this Section.
Nothing in this Section shall supersede in any manner Contractor's or Contractor Party’s
obligations pursuant to HIPAA or the provisions of this Contract concerning the obligations of
the Contractor as a Business Associate of the Department.
The above section uses the terms “Confidential Information” and “Confidential Information Breach.”
Please use the following two definitions for those terms and include them, alphabetized, in the
definition section of the contract:
i
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t - Z
Confidential Information shall mean any name, number or other information that may be used,
alone or in conjunction with any other information, to identify a specific individual including, but
not limited to, such individual's name, date of birth, mother's maiden name, motor vehicle
operator's license number, Social Security number, employee identification number, employer
or taxpayer identification number, alien registration number, government passport number,
health insurance identification number, demand deposit account number, savings account
number, credit card number, debit card number or unique biometric data such as fingerprint,
voice print, retina or iris image, or other unique physical representation. Without limiting the
foregoing, Confidential Information shall also include any information that the Department
classifies as “confidential” or “restricted.” Confidential information shall not include
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access to or taken control or possession of any Confidential Information that is not encrypted or
protected without prior written authorization from the State; (3) the unauthorized acquisition
of encrypted or protected Confidential Information together with the confidential process or
key that is capable of compromising the integrity of the Confidential Information; or (4) if there
is a substantial risk of identity theft or fraud to the cli