Board of Selectmen Regular Meeting

1 
Return To: 
Department of Energy and Environmental Protection 
Land Acquisition and Management Unit 
79 Elm Street – 6th Floor 
Hartford, CT  06106-5127 
JOINT CARE AND MANAGEMENT AGREEMENT 
THIS JOINT CARE AND MANAGEMENT AGREEMENT (the “Agreement”) is made and concluded by 
and between the STATE OF CONNECTICUT (the “State”), acting herein by Katherine S. Dykes, 
Commissioner of Energy and Environmental Protection, duly authorized under the provisions of 
Conn. Gen. Stat. § 22a-26, and the TOWN OF WATERFORD (the “Town”), a municipal corporation 
having its place of business at 15 Rope Ferry Road, Waterford, Connecticut, 06385, in the County 
of New London, State of Connecticut, acting herein by Robert J. Brule, its First Selectman 
(collectively hereinafter the “Parties”). 
WITNESSETH, that the State is the owner of land totaling approximately 0.89 acres located in the 
Town of Waterford, Connecticut, known as 365 and 371 Mago Point Way and also known as 365 
and 371 Rope Ferry Road, hereinafter the “Premises,” being the same land described in deeds 
recorded on November 23, 2001 and December 21, 2001 in the Waterford Land Records at 
Volume 539 and Page 949, and Volume 542 and Page 167, respectively.  A description of the 
Premises being set forth in Schedule A attached.  
WHEREAS, the State purchased the Premises to improve public access to the Long Island Sound 
and to serve as public overflow parking for the Niantic River Water Access Area and State Boat 
Launch adjacent to the Premises; 
WHEREAS, the State issued a license to the Eastern Connecticut Conservation District, Inc., 
working in cooperation with the Town, to install storm water quality infrastructure at the 
Premises; 
WHEREAS, the State and the Town are desirous of maintaining and enhancing the Premises as 
an existing access area and continuing to make the Premises available to the public, free of 
charge, for use by anglers, boaters, and other members of the general public; 
WHEREAS, the Town is designing and constructing for mutual use and benefit of the Town and 
the State certain public trailered parking, general parking, and stormwater quality improvements 
at the Premises, pursuant to a services agreement contract identified as #2025-102, being 
administered by the State, and in accordance with a site design approved by the State (the 
“Services Contract”);  
WHEREAS, the Parties wish to enter into this Joint Care and Management Agreement as evidence 
of their agreement to act in a cooperative manner to maintain such improvements at, and 
perform long-term operation and maintenance of, the Premises. 
NOW THEREFORE, subject to and in consideration of all the stipulations, restrictions, 
specifications, and mutual covenants herein contained, the State and the Town do hereby 
expressly agree to the following terms and conditions set forth in Schedule B attached to this 
Agreement. 
1.
Term. Option to Renew.  The term of this Agreement (the “Term”) shall commence upon
the date of its signature and approval by the Connecticut Attorney General.  The Term
shall end on the date that is fifteen (15) years following the date the Term commences,
subject to the termination provisions within the following articles.
So long as the Town is not in default, the Town may provide the State with a written
request to renew this Agreement, such request to be sent not later than one hundred
eighty (180) days prior to the end of the Term.  The State shall reply in writing regarding
whether it is willing to renew the Agreement within ninety (90) days after it has received
such written request from the Town.  Provided the State is willing to renew the term of
#4

 
2 
 
the Agreement, the State and the Town agree to negotiate a renewal in good faith and 
on terms and conditions satisfactory to both parties.  In the event an agreement on 
renewal cannot be reached, the term of the Agreement will expire as of the final date of 
the Term, set forth above. 
2. 
Use.    
(a) The Town acknowledges that the Premises were acquired by the State for public 
boating, angling, and recreational purposes and related uses.  The Town and the 
State shall use, manage, operate, and maintain the Premises in accordance with 
the terms and conditions of this Agreement, including but not limited to those set 
forth in Schedule B.  In fulfilling its use and maintenance obligations as required 
by this Agreement, the Town shall not assess parking, use, or other fees at the 
Premises and shall not interfere with the proper and safe use and enjoyment of 
the Premises by public users, excepting for certain use and maintenance activities 
in accordance with the terms and conditions of this Agreement.  The Town 
acknowledges that the State may utilize the Premises for other purposes as the 
State may determine at any time and from time to time, provided that the same 
shall not interfere with the use thereof by the Town in fulfilling the purposes for 
which this Agreement has been granted. 
(b) Excepting for the construction for mutual use and benefit of the State and the Town 
of the public trailered parking, general parking, and stormwater quality 
improvements referenced above, the construction of which shall be governed by a 
Public Services Contract, the Town shall not make any Improvements to the Premises 
without prior written approval of the State, which approval may be withheld in the 
State’s sole and absolute discretion.  The State reserves the right to review and 
approve all plans prior to any and all site Improvements at the Premises, and no such 
Improvement shall commence unless and until the State provides its written 
approval for same.  Except to the extent otherwise provided by any pre-existing 
Agreement, license or other agreement, title to any and all Improvements (including, 
but not limited to equipment) located at or on the Premises at the commencement 
of the Term is and shall remain in the name of the State.  Likewise, any structures 
and/or other Improvements which are constructed or otherwise installed by the 
State or Town during the Term shall immediately become and remain property of 
the State, unless the State specifically agrees in writing to the contrary.  Unless, and 
then only to the extent, the State otherwise agrees or directs in writing, at the 
expiration or earlier termination of this Agreement, any Improvements which are or 
have been erected, installed, or otherwise effected by or on behalf of Town which 
are not property of the State shall be removed, and the Premises shall then be 
restored to its prior condition, all at the sole cost and expense of the Town.  Any 
Improvements of the Town’s that are not removed shall be deemed abandoned and 
shall be and remain the State’s property.   
(c) For purposes of this Agreement, the term “Improvements” means any and all 
fixtures, structures, and additions presently existing on the Premises, the installation, 
erection, alteration, expansion, or removal of any and all fixtures, structures and 
other improvements, as well as the installation, alteration, or removal of any and all 
soil, trees, water and other physical aspects of the Premises, which currently or 
hereafter exist at or on, or constitute a part of, the Premises including, without 
limitation:  the planting or removal of any trees or other vegetation; the movement 
or alteration or creation of any pools, ponds, wetlands, or water courses; the 
installation, erection, alteration, expansion, or removal of any driveways, roads, 
sidewalks, footpaths, footings, buildings, fences, trash receptacles or other 
structures; the installation, alteration or removal (other than routine maintenance) 
of any and all pipes, plumbing, pumps, ducts, conduits, wires, tunnels, sewers, septic 
systems, wires and/or other conduits or equipment any and all other machinery and 
equipment used to generate, distribute, recapture, test or monitor any electricity, 
gas, oil, air, water, telecommunications, and/or other utilities in, to or through the 

3 
Premises or any structures thereon; and/or the laying or removal of any pavement 
or other material at the Premises. 
(d) The Town agrees that no debris shall be permitted to be disposed of, strewn about,
or (except as reasonably necessary to hold such material pending its proper and
timely collection or disposal) stored on the Premises.  The term “debris” includes,
but is not limited to:  fishing line, lures or other materials used for fishing, discarded
or scrap paper, boxes, barrels, rope, rags, batteries, tires and other trash, waste or
debris; junked, dismantled, or wrecked automobiles or parts thereof; any old or
scrap copper, iron, steel, brass or other ferrous or non-ferrous materials and any
solid waste whatsoever.
(balance of page intentionally left blank; signature page follows) 

4 
IN WITNESS WHEREOF, the Parties have set their hands. 
Signed and Sealed 
STATE OF CONNECTICUT 
In the Presence of: 
DEPARTMENT OF ENERGY AND 
ENVIRONMENTAL PROTECTION 
___________________________ 
By: ________________________________ 
Witness: 
   Katherine S. Dykes 
   Commissioner 
____________________________ 
Witness: 
STATE OF CONNECTICUT 
) 
) 
SS:   HARTFORD 
COUNTY OF HARTFORD 
) 
The foregoing instrument was acknowledged before me on this ____ day of ___________, 2025 
by Katherine S. Dykes, Commissioner of Department of Energy and Environmental Protection, 
State of Connecticut, on behalf of the State.  
____________________________________ 
Notary Public 
My Commission Expires: 
The terms and conditions of the foregoing Instrument are hereby accepted by the Town of 
Waterford. 
Signed and Sealed 
TOWN OF WATERFORD 
In the Presence of: 
____________________________ 
By: _________________________________ 
Witness: 
 Robert J. Brule 
 First Selectman 
____________________________ 
Witness: 
STATE OF CONNECTICUT 
) 
) 
SS:   WATERFORD 
COUNTY OF NEW LONDON 
) 
The foregoing instrument was acknowledged before me this ____ day of _____________, 2025 
by Robert J. Brule, First Selectman of the Town of Waterford.  
______________________________________ 
Notary Public 
My Commission Expires: 

5 
APPROVED PURSUANT TO CONNECTICUT GENERAL STATUTES SECTION 22a-26: 
___________________________________ 
Paul Hinsch, Policy Director 
Bureau of Asset Management 
Office of Policy and Management      
Date: ______________________________ 
STATUTORY AUTHORITY 
Connecticut General Statutes 
Section 22a-26 
APPROVED:  
William Tong 
Attorney General 
By: _________________________________ 
 Jeffrey Zeman 
 Assistant Attorney General 
Date: ______________________________ 

 
 
A-1 
SCHEDULE A 
DESCRIPTION OF THE PREMISES 
 
Two certain pieces or parcels of land located in the Town of Waterford, County of New London, 
and State of Connecticut, said parcels of land being labeled as Parcel “A” and “Parcel B” on a map 
entitled, “Property Survey of 365 & 371 Mago Point Way, Waterford, Connecticut, Prepared for 
the Department of Environmental Protection, State of Connecticut”, scale: 1” = 20 feet, dated 
Sept. 18, 2000, revised through July 26, 2001, prepared by: Gesick & Associates, P.C., which map 
is filed on the Town of Waterford Land Records as Map #4400. 
 
 

B-1
SCHEDULE B 
TERMS AND CONDITIONS 
The State and the Town expressly agree to the following stipulations, conditions, and 
covenants:  
I.
Use and Signage.
(a) The Town shall design and construct a public trailered parking area (the
“Trailered and Car-Top Parking Area”), a general parking area, and
stormwater quality improvements at the Premises, pursuant to the Public
Services Contract, which is on file at the State’s offices at 79 Elm Street,
Hartford, Connecticut.
(b) The Town shall design and install signage specifically identifying, and
informing visitors of, the Trailered and Car-Top Parking Area to the
satisfaction of the State.
(c) The Town shall install and maintain signage visible to visitors and satisfactory
to the State, acknowledging the State’s ownership of, and partnership at, the
Premises.  The Town shall also include such acknowledgement in any printed
publications and online material related to the Premises.
(d) Prior to opening the parking lot to the public, the Town shall install signage,
which shall be subject to DEEP review and approval, containing the following
language or such other rules as may be approved or imposed by the State in
writing (Parking Rules):
Niantic River State Boat Launch Parking Rules 
This primary use of this parking lot is for public access to the 
Niantic River and Long Island Sound.  Parking for WATER USES 
(e.g. boating and fishing) is available 24/7. 
For NON-WATER USES, the following parking rules apply: 
April 1 to November 30, parking in vehicle spaces is permitted: 
5:00 p.m. to 2:00 a.m. 
December 1 to March 31, parking in vehicle spaces is permitted 
6:00 a.m. to 2:00 a.m.  
Parking spaces marked for trailers are at all times reserved for 
vehicles with boat trailers only. 
No overnight parking of vehicles is allowed for NON-WATER 
USES.   
(e) The Parking Rules signage shall at all times be posted at the Premises and
maintained by the Town.  The language of such signage shall be consistent
with the language contained in subsection (d) unless otherwise approved by
the State in writing.
(f) The Trailered and Car-Top Parking Area shall be reserved for water-
dependent uses and for boaters using the Niantic River Water Access Area
daily during the dates and times more particularly set forth in the Parking
Rules.  The Trailered and Car-Top Parking Area will be open for other public
parking purposes in accordance with the dates and times described in the
Parking Rules.

B-2
(g) The State shall have the authority to impose new Parking Rules at the
Trailered and Car-Top Parking Area. The Town shall install updated signage
displaying the new Parking Rules in accordance with section I.(d) within thirty
(30) days of the State’s demand.
(h) Any signs at the Premises for purposes not described above will be subject to
prior written approval by the State and will be placed at the Town’s cost and
expense.
II.
Enforcement.
(a) The Town shall post all rules, including the Parking Rules, at the Premises and
maintain such signage at its cost and expense.
(b) The Town shall perform the primary law enforcement functions related to
the Premises, including the enforcement of the Parking Rules.  The State shall 
also perform law enforcement functions related to the Premises, including
the enforcement of public access area regulations under Section 26-16-1 of
the Regulations of Connecticut State Agencies.
III.
Maintenance.
(a) The State shall provide the following ongoing maintenance services at the
Premises, within available resources and on an as-needed basis as
determined the State:
i. Resurfacing and repair of the paved parking area;
ii. Line striping; and
iii. Replacement of damaged or missing wheelstops.
IV.
The Town shall provide the following maintenance services up to a cost of  nine
thousand five hundred dollars ($9500.00) per fiscal year for each service item.
i. Routine inspection and as needed minor repair of fencing
materials;
ii. Replacement of damaged or missing town signage;
iii. Maintenance of site lighting
iv. Maintenance of sidewalks and pedestrian pathways; and
v. Maintenance, of any installed stormwater quality infrastructure,
including tree filters, swales, basins, and/or rain gardens.
(b) Town shall provide all other ongoing maintenance services at the Premises
including, but not limited to, the following:
i. Maintenance of the landscape areas, consistent with CT DEEP
maintenance schedule at adjoining lot.
ii. Monitoring of property for trash and debris and removal as
needed; and
iii. Snow plowing of the Premises and sidewalks consistent with Town
Ordinance.
V.
Compliance with Laws.  The Town shall comply with and conform to all federal and
state laws and regulations and shall hold the State harmless from all fines, penalties,
and costs for violation or noncompliance with the same. The Town further agrees to
manage the Premises in a manner such that the responsibility and/or liability of the
State and of the Town shall be limited to the maximum extent possible in accordance 
with the provisions of Sections 52-557f to 52-557i of the General Statutes of
Connecticut, as amended.
VI.
No Assignment.  The Town shall not assign, pledge, hypothecate or otherwise

B-3
transfer or convey all or any part of the Premises or this Agreement or any interest 
therein (herein, a “Transfer”) without receipt of written approval of the State, 
which approval may be withheld in its sole and absolute discretion.  Any Transfer 
effected or attempted to be effected in contravention of this Section shall be null 
and void, ab initio. 
VII.
Granting Rights to Others.  Nothing contained in this Agreement shall be
construed to prevent the State from granting any rights to or permitting any use
of the Premises it might otherwise have authority to grant or permit.
VIII.
Special Flood Hazard Provisions.
(a) In the event any portion of the Premises are located within a 100 year flood
plain, no National Flood Insurance Program insurable structures shall be
placed on the Premises and no obstructions shall be placed on the
Premises that would increase flood hazards or act as an impediment to
stream flow or raise flood water heights without the explicit written
consent of the State as stipulated below.  The Town must obtain the State’s
prior written consent in order to undertake any such site improvements or
construction activities and before placing any structures on the Premises,
which consent may be withheld in the State’s sole and absolute discretion.
Improvements and construction activities subject to this provision include,
but are not limited to, any permanent or temporary structures, fencing,
roadways, walkways, site grading, drainage, landscaping, excavation
and/or removal or addition of sand, gravel, or fill from the Premises.  Such
written consent must be obtained from the Director of the Water Planning
and Management Division of the Department of Energy and Environmental
Protection, Bureau of Water Protection and Land Reuse or its successor.
Notice of such written consent shall also be provided to the Office Director
of Land Acquisition and Management and as hereinafter provided for in
this Agreement.  Any failure by the Town to obtain the aforementioned
consents will be considered cause for termination of the Agreement by the
State.
(b) The State shall have the right to cause any and all waters to flood and/or
flow back upon or be withdrawn from the Premises or any portion thereof
at any and all times and for any and all periods of time and the State shall
not be liable for damages or non-accessibility due to flooding and
operations of any floodwater dams, which affects the leased Premises.
(c) The State reserves the right to construct, operate, and maintain flood
control works of improvement on the Premises pursuant to sections 22a-
318 through 22a-320(a) inclusive of the Connecticut general statutes.  The
State shall have the right to make repairs, both minor and major to any
portion of any flood control structures, specifically the dams and dikes at
any and all times that it deems necessary.
(d) The failure of the State to insist upon strict performance of any of the
covenants or conditions of this lease or to exercise any option herein
conferred, in any one or more instances, shall not be construed as a waiver
or relinquishment for the future of any such covenants, conditions, or
options, but the same shall be and remain in full force and effect with
regard to any violation thereof that had theretofore occurred.
IX.
Insurance.
(a) Insurance and Certificates Required.  The Town shall, at its sole cost
and expense during the term of this Agreement, maintain the following
insurance and deliver to the State certificates evidencing the same:
i. COMMERCIAL 
GENERAL 
LIABILITY 
INSURANCE 
including

B-4
Contractual Liability Insurance, Independent Contractors, 
Premises and Operations, Products and Completed Operations 
and Broad Form Property Damage coverages with a total limit of 
liability of not less than One Million Dollars ($1,000,000) for all 
damages arising out of bodily injuries to, or death of, all persons 
and/or damage to property in any one accident or occurrence, 
and, subject to that limit per accident, a total (or aggregate) limit 
of Three Million Dollars ($3,000,000) for damages arising out of 
bodily injuries to, or death of, persons in accidents or occurrences 
and out of injury to or destruction of property during the policy 
period; 
ii. AUTOMOBILE LIABILITY INSURANCE which covers motor vehicles,
including those owned, hired or non-owned, which are used in
connection with this Agreement with a One Million Dollars
($1,000,000) combined single limit per accident for bodily injury,
or death of, persons and/or damage to property in any one
accident or occurrence. If the Town does not own an automobile,
but one is used in the performance of the Agreement, then only
hired and non-owned coverage is required. If a vehicle is not used
in the performance of the Agreement, then automobile coverage
is not required.
iii. WORKER’S COMPENSATION & EMPLOYER’S LIABILITY INSURANCE
in accordance with the requirements of the laws of the State of
Connecticut, and of the laws of the United States, respectively,
which covers the Town’s employees at or working from the
Premises, which coverage shall include Employer’s Liability
Insurance with limits of:
1. $100,000 Each Accident (bodily injury by accident);
2. $500,000 Disease – Policy limit (bodily injury by disease);
and
3. $100,000 Disease – Each Employee (bodily injury by
disease).
iv. PROFESSIONAL 
LIABILITY 
INSURANCE 
(ERRORS 
AND
OMMISSIONS) in the event the Town or any of the Town’s
contractors provide any architecture, engineering, design,
accounting, legal, or other professional services under or in
conjunction with this Agreement and/or at or with regard to the
Premises, each person and entity providing such services shall be
duly licensed and maintain Professional Liability coverage, at
such party’s sole cost and expense, in an amount not less than
Two Million Dollars ($2,000,000) per occurrence.  In the case of
any engineer, architect or other design professional, each such
policy must be kept in effect for a period of seven (7) years after
substantial completion of the project on or for which any such
services are rendered; otherwise the professional involved shall
maintain such coverage for a period of at least three (3) years
following completion of its work hereunder. If coverage is
procured by any professional on a claims made basis, the
retroactive date must be the date prior to the professional’s
commencement of any work under or pursuant to this
Agreement or the project to which it relates, whichever is earlier.
(b) All products and completed operations coverage required to be
maintained by the Town and its contractors shall continue to be

 
 
B-5 
 
maintained for at least three (3) years following final acceptance of their 
work. 
(c) Notwithstanding any other provision of this section to the contrary, any 
party required to maintain insurance hereunder shall be deemed to be in 
compliance with this section even if such party’s insurance policy(ies) are 
not written for amounts specified within (other than worker’s 
compensation insurance) provided said party carries Umbrella or Excess 
Liability insurance for any differences in the amounts specified therefor 
and the policy(ies) for such Umbrella or Excess Liability insurance 
follow(s) the form of said party’s primary coverages. 
(d) Except as otherwise provided to the contrary in this section, any 
insurance required by this Agreement may be obtained by means of any 
combination of primary and umbrella or excess coverages and by 
endorsement and/or rider to a separate or blanket policy and/or under 
a blanket policy in lieu of a separate policy or policies, provided that the 
Town shall deliver a certificate of insurance of any said separate or 
blanket policies and/or endorsements and/or riders evidencing to the 
State that the same complies in all respects with the provisions of this 
Agreement, and that the coverages, and the protection afforded the 
State, thereunder are equal to the coverages and protection which 
would be provided under a separate policy or policies procured solely for 
the Agreement and/or the work, if any, to be performed by the Town or 
its contractors. 
(e) The State and its officers, agents and employees (collectively, “State 
Indemnified Parties”) shall be named as additional insureds under all 
applicable coverages maintained pursuant to the above as well as any 
umbrella or excess liability insurance which provides coverage over and 
above such insurance. 
(f) Upon the Town’s execution of this Agreement and on or before the tenth 
(10th) business day preceding every subsequent anniversary date of the 
execution of the Agreement, the Town agrees to furnish the State one 
(1) or more certifications of insurance evidencing that the Town and its 
contractors have obtained the insurance required hereunder. Each 
certificate of insurance shall be in such form as is supplied or approved 
by the State, fully executed by an insurance company or companies 
satisfactory to the State, and shall specify the amounts of deductibles, if 
any, for each type of coverage in the policy or policies. Deductibles shall 
not exceed amounts approved by an authorized representative of the 
State in writing, Town shall produce, and shall require its contractors to 
produce, within five (5) business days, a copy or copies of all applicable 
insurance policies when requested by the State.  In providing said 
policies, Town and/or its contractors, as appropriate, may redact 
provisions of any policy that are clearly proprietary.  If, at any time, Town 
or its contractors shall fail to provide any such insurance documentation 
with five (5) business days period, or duly maintain (or ensure that its 
contractors maintain) all required insurance coverage in full force and 
effect, then the State, in addition to any other remedies it may have, all 
of which are reserved for the State, may either immediately terminate 
this Agreement or procure or provide alternate insurance coverage and 
charge Town the cost thereof, which amounts shall then be promptly 
paid by Town to the State.  Copies of all required insurance policies shall 
be retained by the Town for three (3) years after effective date. 

B-6
(g) Each policy of insurance maintained pursuant to this Agreement shall be
written to provide at least those coverages provided under standard
forms therefor as have been approved by the State of Connecticut’s
Insurance Commissioner. Each such policy also shall not be subject to
cancellation unless notice is given to the State, at least thirty (30) days
prior to the date of cancellation. All insurance certificates required to be
provided to the State hereunder shall evidence the insurers’ agreement
to the foregoing on the face thereof.
(h) All of the Town’s and its contractors’ insurers shall be licensed to do
business in the State and be rated A- (VIII) or better by the latest edition
of A.M. Best’s Rating Guide or, if such guide is no longer available, any
generally recognized replacement thereof. All insurance required
hereunder (other than errors and omissions coverages) shall be written
on “occurrence” basis (as opposed to “claims made”) basis.
(i) The Town and its contractors shall be fully and solely responsible for and
thus shall pay any and all costs and expenses as a result of any and all
coverage deductibles. None of the Town’s or its contractors’ insurers
shall have any right of subrogation or recovery against the State or any
of the other State Indemnified Parties, all of which rights are hereby
waived by the Town. All insurance maintained by the Town and its
contractors shall be primary and noncontributory and shall not be in
excess of any other insurance.
(j) Nothing herein shall preclude any party from procuring and maintaining,
at such party’s sole cost and expense, such additional insurance coverage 
as such party seems desirable or appropriate, provided, however that all
liability insurance maintained by the Town and its contractors which
covers the Premises and/or any work to be performed under this
Agreement shall name the State as an additional insured. Any insurance
maintained by the State shall be in excess of any and all insurance
maintained by the Town and/or its contractors, and shall not contribute
with it.
(k) The Town shall neither do nor allow its contractors to do anything (or fail
to do anything) whereby any of the insurance required by the provisions
of this section shall or may be invalidated in whole or in part. In the event
that any of the contractors so acts (or fails to act), then the Town shall
promptly use commercially reasonable efforts to eliminate that
condition.
(l) The State shall have the right to review and revise the insurance
requirements applicable to the Town and its contractors, and to make
reasonable adjustments to the types and amounts of, and terms
pertaining to, insurance coverage required hereunder, as the State
reasonably deems to be prudent, in its sole discretion under the
circumstances, based upon increased costs of construction, inflation,
statutory law, court decisions, claims history, and other relevant factors.
(m) Unless requested otherwise by the State, the Town, its contractors and
their insurers shall waive sovereign immunity as a defense and shall not
use the defense of sovereign immunity in the adjustment of claims or in
the defense of any suit brought against them or any State Indemnified
Parties, unless, and then only if and when, approved in writing by the
State, which approval may be withheld in its sole and absolute
discretion. The Town shall assume and pay all costs and billings for
premiums and audit charges earned and payable under the required

B-7
insurance. 
(n) The failure of the State, at any time or from time to time, to enforce the
provisions of this section concerning insurance coverage shall not
constitute a waiver of those provisions nor in any respect reduce the
obligation of the Town to indemnify, defend and hold and save harmless
the State or the State Indemnified Parties. Likewise, the limits of
coverage of any insurance purchased by the Town or its contractors shall
not in any way limit, reduce or restrict their obligations under any
indemnification, defense, and save and hold harmless provisions stated
in this Agreement or other contracts.
(o) The Town shall assume and pay all costs and billings for premiums and
audit charges earned and payable under all insurance that is maintained
by it. Each insurance policy shall state that the insurance company shall
agree to investigate and defend the insured against all claims for
damages, even if groundless.
(p) The provisions of this section, shall be incorporated and made a part of
each contract or other agreement which the Town enters into under or
in conjunction with this Agreement or the Premises with any third party
(which shall include a contractor, any person engaged to perform work
on or at, or which is allowed to conduct business on or from or to
otherwise use or occupy, any portion of the Premises) appropriately
modified to reflect the relationship of the parties; providing, however,
that all references to, and all rights and protections afforded to the State,
as provided in these provisions, shall remain unchanged. If any
contractor does not maintain, and demonstrates that it cannot
reasonably be expected to obtain, the levels or types of coverage
required by this section, the Town may request the State to approve
different levels and/or types of coverage for such contractor.  The State
may withhold its approval of any such request in its sole and absolute
discretion.  Additionally, no such approval shall be effective unless
approved in writing by the Secretary of the State’s Office of Policy and
Management and the State’s Director of Insurance and Risk
Management.
(q) The provisions of this Section shall survive any termination of this
Agreement.
X.
Indemnification.
(e) The Town 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 Agreement;  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,
or the Agreement.  The Town shall use counsel reasonably acceptable to the
State in carrying out its obligations under this Section.  The Town’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 Town’s bid, proposal or any Records, any intellectual property rights
that may be included in the deliverables or performance, other proprietary
rights of any person or entity, copyrighted or uncopyrighted compositions,
secret processes, patented or unpatented inventions, trade secrets,
trademarks, articles or appliances furnished or used in the Performance.  The
Town’s obligations under this section shall specifically include, but not be

B-8
limited to, any and all Claims arising or acts occurring between 12:00:01 AM 
July 9, 2025 and the Execution of this Agreement in addition to any Claims 
arising or acts occurring after Execution of this Agreement. 
(f) Notwithstanding the foregoing, the Town 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.
(g) The Town shall reimburse the State for any and all damages to the real or
personal property of the State caused by the acts of the Town or any Town’s
Parties.  The State shall give the Town reasonable notice of any such Claims.
(h) The Town’s duties under this section shall remain fully in effect and binding
in accordance with the terms and conditions of the Agreement, without
being lessened or compromised in any way, even where the Town 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.
(i) The Town shall carry and maintain at all times during the term of the
Agreement, and during the time that any provisions survive the term of the
Agreement, sufficient general liability insurance to satisfy its obligations
under this Agreement.  The Town shall name the State as an additional
insured on the policy and shall provide a copy of the policy to the State prior
to the effective date of the agreement.  The Town shall not begin
Performance until the delivery of the policy to the State.  The State shall be
entitled to recover under the insurance policy even if a body of competent
jurisdiction determines that the Agency is contributorily negligent.
(j) This section shall survive the Termination of the Agreement and shall not be
limited by reason of any insurance coverage.
(k) As used in this section and elsewhere in this Agreement, the following terms
shall have the following meanings: (i) "Claims" shall mean all actions, suits,
claims, demands, investigations and proceedings of any kind, open, pending
or threatened, whether mature, unmatured, contingent, known or unknown, 
at law or in equity, in any forum, (ii) "Town’s Parties" shall mean Town’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 Town is in privity
of oral or written contract and the Town intends for such other person or
entity to perform under this Agreement in any capacity, and (iii) "Records"
shall mean all working papers and such other information and materials as
may have been accumulated by the Town in performing under this
Agreement, 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.
XI.
Hold Harmless.  The Town will at no time hold the State responsible for damage,
theft or acts of vandalism occurring to equipment or property owned by it or in its
possession and located on the Premises or any other damage of any nature that
may be sustained by such equipment or property while located on the Premises,
except as such damage is caused by the negligence of the State’s agents,
employees and representatives acting within the apparent scope of their
authority.  The provisions of this Section shall survive the expiration or earlier
termination of this Agreement.

B-9
XII.
Sovereign Immunity.  The parties acknowledge and agree that nothing in this
Agreement 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 Agreement.  To the extent that this section conflicts with any other
section, this section shall govern.
XIII.
No Exclusive Remedies. No right, power, remedy or privilege of the State shall be
construed as being exhausted or discharged by the exercise thereof in one or more
instances, and it is agreed that each and all of said rights, powers, remedies or
privileges shall be deemed cumulative and additional and not in lieu or exclusive
of each other or of any other remedy available to the State at law or in equity.
XIV.
Taxes, Fines and Utilities.
(a) The Town shall be responsible for securing, and paying for, any and all water,
gas, oil, electricity, sewage and other private and/or public utilities, fees,
penalties, usage charges, and/or other costs that are delivered to, and/or
consumed or otherwise used at, the Premises during the Term of this
Agreement, unless otherwise specifically provided to the contrary in this
Agreement.  As and to the extent requested by the State, the Town shall
abandon and make safe all utility connections required for the Premises at
the end of this Agreement, all at the Town’s sole cost and expense.
(b) The Town will be responsible for and pay all fees, fines and/or penalties
assessed for violation of, or which are required to be paid in order to comply, 
for compliance with all State and municipal health and building codes and
regulations.
(c) The provisions of this Section shall survive the expiration or earlier
termination of this Agreement and any holdover period.
XV.
No Waste.  The Town shall not mutilate, damage, misuse, or commit or suffer
waste on the Premises, but shall keep the same and upon the termination hereof
deliver them up, in as good condition as they may be put in by the Town or the
State, ordinary wear and tear, fire without fault or malfeasance of any occupant
of the Premises, and damages by the elements without concurring fault on the
part of the Town, excepted.
XVI.
State’s Right to Terminate.  Notwithstanding any provision in this Agreement, the
State may, during the term of this Agreement, make the determination that it is
in the best interests of the State to terminate this Agreement.  The State reserves
the right to terminate this Agreement at any time during the initial Term or any
renewal or extension thereof upon ninety (90) days’ prior written notice to the
Town, provided, that the State shall give written notice to the Town of termination 
hereof at its principal place of business, as set forth in Section XIX of this Schedule
B. Such termination shall in no event be deemed to be a breach of contract; and
all rights, duties, and obligations hereunder, except those obligations which
specifically survive the termination of this Agreement, shall be null and void, so
that no party shall have any further rights, duties, or obligations to any other,
except as otherwise specifically provided herein or in the written notice of
termination.
XVII.
State’s Right to Terminate For Default.  Notwithstanding any provision in this
Agreement, in the event of a violation of this Agreement by the Town, the State
reserves the right to terminate this Agreement at any time during the initial Term
or any renewal or extension thereof upon ninety (90) days’ prior written notice to
the Town, provided, that the State shall give written notice to the Town of
termination hereof at its principal place of business, as set forth in Section XIX of

B-10
this Schedule B, and provided that the Town shall have a period of sixty (60) days 
from the date of receipt of said notice within which to cure or cease any violations 
or failure on its part to perform any stipulation, requirement or condition of this 
Agreement or within which to diligently commence and continue efforts to cure 
such failure in a reasonable time after such sixty (60) day period, provided that no 
such cure period shall last longer than one hundred twenty (120) days (and in the 
event of any such cure or cessation of a violation or failure the State shall not 
terminate this Agreement on account thereof).   
XVIII.
Town’s Right to Terminate.  If during the term of this Agreement, the Town
determines that it no longer is able to continue its operations on the Premises, it
shall so notify the State in writing and such notification shall constitute a
termination of this Agreement,  whereupon the parties hereto shall cease to have
any further obligation or liability to one another, provided that Town shall be
responsible for any and all utility fees and other costs described in Paragraph XIV
of these Standard Terms that may have accrued through the date of termination.
XIX.
Duties at End of Agreement.  At the expiration or earlier termination of this
Agreement, the Town will quit its operations and maintenance duties at the
Premises and, in so doing, will leave the Premises in as good or better condition
as the day this Agreement was executed, reasonable wear and tear excepted.  In
the event the Town fails to cease maintaining the Premises at the expiration or
earlier termination of this Agreement (i) the Term of this Agreement shall not be,
nor deemed to be, renewed or otherwise extended, and (ii) the Town shall not
have any possessory or other rights in or to the Premises, all of which are hereby
disclaimed by the Town.  Without limiting the generality of the foregoing, the
Town agrees that, for and so long as the Town shall continue to maintain the
Premises, the Town will continue to be bound by and will comply with any and all
of the Town’s obligations that it has agreed to perform during the Term of this
Agreement, notwithstanding that the Term of this Agreement shall not be
extended thereby.
XX.
Notices.  Where notice is required under this Agreement, such notice shall be in
writing and given by (a) certified United States mail, return receipt requested, (b)
hand delivery, (c) recognized overnight delivery service, or (d) electronic mail with
proof of receipt, to:
The State: 
Office Director 
Boating Division 
Department of Energy and Environmental Protection 
P.O. Box 280 (333 Ferry Road) 
Old Lyme, CT  06371-0280 
79 Elm Street 
Hartford, CT  06106-5127 
Email:  DEEP.Boating@ct.gov  
The Town: 
First Selectman 
Town of Waterford 
15 Rope Ferry Road 
Waterford, CT  06385 
Email:  firstsel@waterfordct.org 
Provided that said electronic mail and postal mail addresses may be changed at 
any time by written notification by either party, sent as above. 
XXI.
No Warranty of Title; No Rights of Ownership or Occupancy.  In executing this
Agreement, the State makes no claims or guarantees with respect to the title of
the Premises, and the Town specifically agrees that it shall in no way hold the State
liable for any claims or damages for any interruption of its enjoyment or use of the
Premises should any dispute to title arise during the course of this Agreement.

B-11
The Town acknowledges that this Agreement is an agreement for the joint care 
and maintenance of the Premises only, and that it provides the Town with no 
rights of ownership to or occupancy of the Premises, all of which are hereby 
specifically disclaimed by the Town. 
XXII.
Forum and Choice of Law.  The parties deem the Agreement to have been made
in the City of Hartford, State of Connecticut.  Both parties agree that it is fair and
reasonable for the validity and construction of the Agreement to be, and it shall
be, governed by the laws and court decisions of the State of Connecticut, without
giving effect to its principles of conflicts of laws.  To the extent that any immunities
provided by Federal law or the laws of the State of Connecticut do not bar an
action against the State, and to the extent that these courts are courts of
competent jurisdiction, for the purpose of venue, the complaint shall be made
returnable to the Judicial District of Hartford only or shall 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 Town 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.
XXIII.
Executive Orders and Other Enactments.
(a) All references in this Agreement to any Federal, State, or local law, statute,
public or special act, executive order, ordinance, regulation or code
(collectively, “Enactments”) shall mean Enactments that apply to the
Agreement at any time during its term, or that may be made applicable to
the Agreement during its term. This Agreement shall always be read and
interpreted in accordance with the latest applicable wording and
requirements of the Enactments.  Unless otherwise provided by
Enactments, the Town is not relieved of its obligation to perform under this
Agreement if it chooses to contest the applicability of the Enactments or the
State’s authority to require compliance with the Enactments.
(b) This Agreement is subject to the provisions of Executive Order No. Three
of Governor Thomas J. Meskill, promulgated June 16, 1971, concerning
labor employment practices, Executive Order No. Seventeen of Governor
Thomas J. Meskill, promulgated February 15, 1973, concerning the listing
of employment openings and Executive Order No. Sixteen of Governor
John G. Rowland promulgated August 4, 1999, concerning violence in the
workplace, all of which are incorporated into and are made a part of this
Agreement as if they had been fully set forth in it.
(c) This Agreement may be subject to (1) Executive Order No. 14 of Governor
M. Jodi Rell, promulgated April 17, 2006, concerning procurement of
cleaning products and services; and (2) Executive Order No. 61 of Governor
Dannel P. Malloy promulgated December 13, 2017 concerning the Policy
for the Management of State Information Technology Projects, as issued
by the Office of Policy and Management, Policy ID IT-SDLC-17-04.  If any of
the Executive Orders referenced in this subsection is applicable, it is
deemed to be incorporated into and made a part of this Agreement as if
fully set forth in it.

#5


















#7a

From:
JOHN JAMROGA
To:
Shannon Withey
Cc:
Audrey Ulmer
Subject:
Jamroga - Shellfish Commission Appointment Renewal
Date:
Friday, January 30, 2026 5:48:29 AM
Attachments:
AMP+Masthead+-+current3.jpeg
CAUTION: This email originated from outside of the organization.
Do not click links or open attachments unless you recognize the sender's email address
and know the content is safe.
Good morning Shannon,
I’m writing to let you know that I am interested in renewing my appointment to the Shellfish
Commission.
Please let me know if there anything else that you need for me to do.
Thanks,
John
Captain John A Jamroga FNI
Senior Pilot / Partner
3720 Dillon Street
Baltimore, MD
(c) 860-794-3215
(o) 410-342-6013
www.mdpilots.com
#7b

Waterford Harbor Management Commission 
Waterford Public Safety Building 
204 Boston Post Road 
Waterford, CT  06385 
Town of Waterford 
15 Rope Ferry Road 
Waterford, CT  06385 
Attn:  Shannon Whithey, First Selectman’s Office 
Re:  Harbor Management Commission Membership 
Dear Shannon, 
My membership tenure is due to expire in February 17, 2026.  I respectfully ask to 
renew my membership and position as chair for the Waterford Harbor Management 
Commission for another three (3) years.   
Please let me know if there is anything else you would need to help me retain this 
position. 
Sincerely,
John J. Hughes III, Chair 
Waterford Harbor Management Commission 
#7c











#11b



#11c


#11d



#11e


#11f


#11g