Agenda

Board of Selectmen - Agenda - Jun 8, 2026

Jun 8, 2026

A public record published by the Town of Simsbury (simsbury-ct.gov). mySimsbury indexes it and makes it readable; it is not the official copy. View the original file.

Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070
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BOARD OF SELECTMEN
Regular Meeting Agenda – June 8, 2026 – 6:00 P.M.
Main Meeting Room, Simsbury Town Hall
CALL TO ORDER
PLEDGE OF ALLEGIANCE
PUBLIC HEARING
2026 Connecticut Neighborhood Assistance Act Application
PRESENTATION
Microsoft Office 365 Update and Benefits of Upgrading by IT Director Marchand
PUBLIC AUDIENCE
 Email townmanager@simsbury-ct.gov by noon on Monday, June 8, 2026 to register to
address the Board of Selectmen live through Zoom
 Written comments can be emailed to townmanager@simsbury-ct.gov, not read into the
record, but forwarded to all Selectmen via email
CONSENT AGENDA
FIRST SELECTMAN’S REPORT
TOWN MANAGER’S REPORT
LIAISON AND SUBCOMMITTEE REPORTS
SELECTMEN ACTION
a) Authorize the Town Manager to Execute Tax Overpayment Refunds
b) Approve the 2026 Neighborhood Assistance Act Application
c) Schedule a Public Hearing for Proposed Amendments to Town Code Chapter 13: Ethics, Code
of
For the purpose of hearing comments from the public regarding the Connecticut
Neighborhood Assistance Act Tax Credit Program application submitted by
New Horizons, Inc. (Sunshine Wheels)
Town of Simsbury Board of Selectmen
Regular Meeting Agenda
June 8, 2026 Page 2
d) Apply for and Accept the 2025/2026 Connecticut Department of Emergency Services and
Public Protection Emergency Management Performance Grant
e) Naming Simsbury as a Regional Partner with the GHG
f) Discussion on Board of Selectmen 2025-2027 Goals
g) Discussion on Referendum Questions for Charter Revision
APPOINTMENTS AND RESIGNATIONS
a) Appointments to Various Boards and Commissions
APPROVAL OF MINUTES
a) May 11, 2026 Regular Meeting
EXECUTIVE SESSIONS
a) Pursuant to C.G.S. §1-200(6)(B): Discussion of Pending Tax Appeal Settlements:
1) HHB-CV24-6086181-S Ridge Simsbury, LLC v. Town of Simsbury
2) HHB-CV24-6086182-S Rise Simsbury, LLC v. Town of Simsbury
3) HHB-CV24-6086185-S Townhomes Simsbury, LLC v. Town of Simsbury
b) Pursuant to C.G.S. §1-200(6)(A): Discussion concerning the appointment, employment,
performance, evaluation, health, or dismissal of a public officer or employee
COMMUNICATIONS
a) Memorandum from Deputy Town Manager Tom Fitzgerald re: Town Seal Use Policy, dated
June 8, 2026
b) Memorandum from Town Manager Marc Nelson re: Administrative Approval of Public
Gathering Permits, dated June 8, 2026
c) Memorandum from Town Manager Marc Nelson re: Anticipated Events at Curtiss Park this
Season, dated June 8, 2026
ADJOURN
Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070
BOARD OF SELECTMEN MEETING
AGENDA SUBMISSION FORM
1. Title of Submission: Public Hearing: 2026 Connecticut Neighborhood
Assistance Act Application
2. Date of Board Meeting: June 8, 2026
3. Individual or Entity Making the Submission:
Marc Nelson, Town Manager
4. Action Requested of the Board of Selectmen:
The only action needed is to open and close the public hearing:
Move, to open the public hearing on the 2026 Connecticut Neighborhood Assistance Act
Tax Credit Program application.
After proponents, opponents, and all other individuals who wish to speak regarding the
matter under consideration have spoken, and after all questions have been addressed,
the following motion is in order:
Move, to close the public hearing on the 2025 Connecticut Neighborhood Assistance Act
Tax Credit Program application.
5. Summary of Submission:
At your May 11, 2026 Regular Meeting, the Board of Selectmen scheduled a public
hearing on the 2026 Connecticut Neighborhood Assistance Act Tax Credit Program
application for 6:00 PM on Monday, June 8, 2026.
6. Fiscal Impact:
None
7. Description of Documents Included with Submission:
a) Public Hearing Notice
b) 2026 Connecticut Neighborhood Assistance Act Tax Credit Program Application
(New Horizons, Inc. [dba Sunshine Wheels])
TOWN OF SIMSBURY
PUBLIC HEARING NOTICE
Public Hearing Date: Monday, June 8, 2026 at 6:00 p.m.
Neighborhood Assistance Act Program Proposal
Notice is hereby given that the Board of Selectmen will hold a public hearing on Monday, June
8, 2026 at 6:00 p.m. to receive public comment concerning the proposed approval by the Board
of Selectmen of the proposal of New Horizons, Inc. for benefits under the Neighborhood
Assistance Act (NAA) as set forth in the completed Form NAA-01, Connecticut Neighborhood
Assistance Act (NAA) Program Proposal. Copies of the proposal can be found on the Town of
Simsbury’s website, www.simsbury-ct.gov. Hard copies are filed at the Town Clerk’s Office,
933 Hopmeadow Street, Simsbury, CT. Members of the public may address the Board of
Selectmen in-person. Members of the public may also email statements to
townmanager@simsbury-ct.gov by 12:00 p.m. on Monday, June 8, 2026 to have their comments
sent to the Board of Selectmen. Written comments will not be read into the record at the hearing.
Visit us at portal.ct.gov/DRS for more information.
Department of Revenue Services
portal.ct.gov/DRS
(Rev. 02/26)
Municipality:
Form NAA-01
2026 Connecticut Neighborhood Assistance Act (NAA)
Program Proposal
This form must be completed and submitted to your municipality for approval. All items must be completed
with as much detail as possible. If additional space is needed, attach additional sheets. Please type or
print clearly. See attached instructions before completing. Do not submit this form directly to the
Department of Revenue Services.
Part I — General Information
Name of tax-exempt organization/municipal agency:
Address:
Federal Employer Identification Number:
Program title:
–
Email address:
Total NAA funding requested ($250 minimum, $150,000 maximum): $
Is your organization required to file federal Form 990 or 990EZ, Return of Organization Exempt
from Income Tax?
 Yes  No
If Yes, attach a copy of the first page of your most recent return.
If No, attach a copy of your determination letter from the U.S. Treasury Department, Internal
Revenue Service.
Simsbury
New Horizons, Inc. dba Sunshine Wheels
We have a location at: 75 Great Pond Rd. Simsbury, CT 06070
0 6 6 0 4 0 5 1 3
Wheelchair Accessible Van
Stephanie Tetreault
Name of contact person:
Telephone number:
79,986.00
Form NAA-01 (Rev. 02/26) Page 2 of 5
Visit us at portal.ct.gov/DRS for more information.
Part II — Program Information
Check the appropriate description of your program:
100% credit percentage
Energy conservation; or
Comprehensive college access loan forgiveness (see Conn. Gen. Stat. § 12-635(3)).
60% credit percentage
Job training/education for unemployed persons aged 50 or over;
Job training/education for persons with physical disabilities;
Program serving low-income persons;
Child care services;
Establishment of a child day care facility;
Open space acquisition fund; or
Other (specify):
Description of program:
Need for program:
Neighborhood area to be served:
Plan to implement the program:
Wheelchair Accessible Van - Medical Transportation
Sunshine Wheels is a division of New Horizons. Sunshine Wheels provides wheelchair accessible
transportation for both medical and recreational purposes. Most of our passengers are on Medicaid and have
very limited means. New Horizons needs to purchase another vehicle in order to meet the extensive need for
our services. Thank you for considering this important request!
Sunshine Wheels currently provides close to 400 trips per week for seniors and individuals with physical
disabilities. The need is significant! A new vehicle will allow Sunshine Wheels to provide transportation to
those in need. We provide trips to doctor appointments, critical medical procedures, food banks, pharmacies,
physical therapy sessions as well as many other locations. Seniors and individuals with physical disabilities
rely on Sunshine Wheels each and every day. Here is a short video on Sunshine Wheels:
https://www.youtube.com/watch?v=yBj8mNk2w-o
Simsbury, CT
We plan to order and utilize the new vehicle as soon as we receive funding to purchase it.
Form NAA-01 (Rev. 02/26) Page 3 of 5
Visit us at portal.ct.gov/DRS for more information.
Timetable:
Program start date: MM - DD - YYYY
Program completion date: MM - DD - YYYY
Post-project audit due date: MM - DD - YYYY
The program start date must not be more than two years prior to the program completion date.
Additionally, the program completion date must not extend beyond December 31, 2028.
Any program receiving $25,000 or more in NAA funding is required to provide a post-project audit,
prepared by a certified public accounting firm, to the municipality overseeing the program, no later
than three months after the program completion date.
Part III — Financial Information
Program Budget:
Complete in full. Expenditures must equal or exceed total funding.
Sources of Revenue:
NAA funds requested
Other funding sources - itemized sources:
a)
b)
c)
d)
Total Funding:
Proposed Program Expenditures:
Direct operating expenses - itemized description:
a)
b)
c)
d)
Administrative expenses - itemized description:
a)
b)
c)
d)
Total Proposed Expenditures:
12-31-2026
12-31-2027
12-31-2027
$79,986.00
N/A
$79,986.00
Cost of a Ford Transit Wheelchair Accessible Van $79,986.00
N/A
$79,986.00
Form NAA-01 (Rev. 02/26) Page 4 of 5
Visit usus atat portal.ct.gov/DRS for more information.
Part IV — Municipal Information
To be completed by the municipal agency overseeing implementation of the program
–
–
2026 Connecticut Neighborhood Assistance Act (NAA)
Program Proposal
Instructions
Complete all items on Form NAA-01, 2026 Connecticut Neighborhood Assistance Act (NAA) Program Proposal.
Incomplete applications will not be accepted. For where to direct inquiries, see Additional Information below.
Part I — General Information
Enter the name of the tax-exempt organization or
municipal agency, address, Federal Employer
Identification Number, name, telephone number, and
email address of the contact person.
Program Title: Assign a unique program title to each
program for which your organization is making an
application.
Federal Form 990: Attach a copy of the first page of
your organization’s most recent federal Form 990 or
Form 990EZ. If your organization is not required to file
either Form 990 or Form 990EZ, attach a copy of the
determination letter from the Internal Revenue Service.
Part II — Program Information
Description of Program: Describe the program,
including information about how the program will
operate, its benefit to the community, how recipients
will be selected, and any measures used to determine
the program’s impact on the community.
Need for Program: Demonstrate a need for this
program. For example, provide relevant statistics.
Neighborhood Area to Be Served: Describe the
neighborhood or municipality this program will serve.
Plan to Implement the Program: Describe how the
program will operate. Identify other persons or
organizations involved in the administration of the
program.
Timetable: Indicate the starting and completion dates
of the program. The program completion date must not
be more than two years from the program start date.
Part III — Financial Information
Each program proposal must include a program budget
that includes all sources of funding and all anticipated
expenditures. The information provided in the budget
may be used during a post-project audit.
Sources of Revenue: The budget must include the
requested NAA funding and any other anticipated
revenue sources.
NAA Funding Requested: Indicate the total amount
your organization is requesting for its program. This
amount may not exceed the total proposed expenditures.
Please note that the minimum NAA funding is $250,
with a maximum funding of $150,000 per organization
or agency per year.
Other Funding Sources: Provide a detailed
description(s) and the amount(s) of all funding sources.
Proposed Program Expenditures: The budget must
include a detailed description and the amount of all
direct operating and administrative expenditures.
Expenditures must equal or exceed total funding.
Direct Operating Expenses: Expenses include
materials, equipment, wages, salaries, tuition fees,
sub-contracting services, and any other expenses
needed to administer the program.
Part IV — Municipal Information
This part is to be completed by the municipal agency
overseeing implementation of the program.
Municipal Liaison: The municipality must designate
an individual to serve as a liaison with the Department
of Revenue Services (DRS) for all NAA matters.
Post-Project Audit: Any program receiving $25,000 or
more in NAA funding is required to have a post-project
audit prepared by a certified public accounting firm
and submitted for certification, to the municipality
overseeing the program, no later than three months
after the program completion date. For further
information on the post-project audit requirements,
please refer to Conn. Gen. Stat. § 12-637a.
Additional Information
See the Guide to Connecticut Business Tax Credits
available on the DRS website at portal.ct.gov/DRS.
E-mail any questions to NAAProgram@ct.gov or call
860-297-5687, Monday through Friday, 8:30 a.m. to
4:30 p.m. for more information.
Form NAA-01 (Rev. 02/26) Page 5 of 5

Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070
BOARD OF SELECTMEN MEETING
AGENDA SUBMISSION FORM
1. Title of Submission: Authorize the Town Manager to Execute Tax
Overpayment Refunds
2. Date of Board Meeting: June 8, 2026
3. Individual or Entity Making the Submission:
Marc Nelson, Town Manager; Sherry Clemens, Tax Collector
4. Action Requested of the Board of Selectmen:
If the Selectmen support approving the tax refunds as presented, the following motion is
in order:
Move, effective June 8, 2026, to approve the presented tax refunds in the amount of
$19,614.33 and authorize Town Manager, Marc Nelson, to execute the tax refunds.
5. Summary of Submission:
Tax refunds need to be issued from time to time for motor vehicles, real property, and
personal property. Some of the most common reasons tax refunds need to be issued for
motor vehicles include: sale of the vehicle; the vehicle is destroyed; the vehicle is donated;
the owner has moved out of state; or, the owner has successfully appealed the taxes.
Real estate refunds are typically due to the fact that during the sale or refinancing of a
property, both a bank and an attorney’s office have paid taxes owed, resulting in an
overpayment to the Town. Overpayments of personal property taxes are rare; often
overpayments of personal property are due to a person or entity forgetting that they paid
in full in July, then also sending the January installment.
In a legal opinion from the Town Attorney dated May 22, 2001, he stated that C.G.S. §
12-129 “requires that all applications for tax refunds be referred to the Board (of
Selectmen) for their consideration and action.” Once approved by the Board of
Selectmen, the Town Manager will sign off on tax refund applications. As a reminder, the
Tax Collector’s Office is responsible for collecting revenue for the Fire District pursuant
to Special Act #264 of the Legislature in 1945. However, tax refunds for the Fire District
are not under the jurisdiction of nor approved by the Board of Selectmen and are therefore
not included in the requested tax refunds presented.
6. Fiscal Impact:
The aggregate amount of all tax refunds as presented is $19,614.33. The attachment
dated June 8th has a detailed listing of all requested tax refunds.
7. Description of Documents Included with Submission:
a) Requested Tax Refunds, dated June 8, 2026
BOS Refunds 6/8/26 BILL NUMBER TAX FIRE INTEREST TOTAL
LEASING
ARI FLEET LT LTD 2024-03-0050658 387.19$ -$ -$ 387.19$
ARI FLEET LT LTD 2024-03-0050651 306.10$ -$ -$ 306.10$
ARI FLEET LT LTD 2024-03-0050653 777.71$ -$ -$ 777.71$
NISSAN INFINITY LT LLC 2024-03-0063993 313.37$ -$ -$ 313.37$
NISSAN INFINITY LT LLC 2024-03-0063999 476.51$ -$ -$ 476.51$
TESLA LEASE TRUST 2024-04-0080340 75.34$ -$ -$ 75.34$
USB LEASING LT 2024-03-0069867 269.42$ -$ -$ 269.42$
VW CREDIT LEASING LTD 2024-03-0070370 134.94$ -$ -$ 134.94$
VW CREDIT LEASING LTD 2024-03-0070346 749.12$ -$ -$ 749.12$
VW CREDIT LEASING LTD 2024-03-0070338 183.65$ -$ -$ 183.65$ LEASING TOTAL
VW CREDIT LEASING LTD 2024-03-0070343 102.61$ -$ -$ 102.61$
3,775.96$
MOTOR VEHICLE
YEISLEY DIANA 2024-04-0080380 222.45$ -$ -$ 222.45$
-$ -$ MOTOR VEHICLE TOTAL
-$ -$ -$ 222.45$
REAL ESTATE
CLARKIN RACHEL (REFUND TO H.O PER ATTNY) 2024-01-004608 2,818.75$ -$ -$ 2,818.75$
*141 FIRETOWN RD - DOUBLE PAY 2ND INSTALL CLOSSING AND ESCROW
FISH RICHARD & DEBORA 2024-01-0002807 4,602.25$ -$ -$ 4,602.25$
* 41 STRATTON FOREST WAY - DOUBLE PAY OLD OWNER ESCROW AND NEW OWNER
FONTAINE RYAN M (REFUND TO COTALITY) 2024-01-0002721 3,269.48$ -$ -$ 3,269.48$
* 42 BARRY LANE - DOUBLE PAY ESCROW PD AND ATTORNY CHECK PAID
GRABOWSKI SCOTT (REFUND TO COTALITY OLD OWNER) 2024-01-0003156 1,906.91$ -$ -$ 1,906.91$
* 10 WOOD DUCK LN - DOUBLE PAY OLD OWNER ESCROW & NEW OWNER PD 2ND INSTALL -$ REAL ESTATE TOTAL
HENRY CAROL 2024-01-0003526 2,623.44$ -$ -$ 2,623.44$ 15,615.92$
* 2 HAZEL COURT - OWNER DOUBLE PAID -$
STAWINSKI LUKASZ 2024-01-006835 231.66$ -$ -$ 231.66$
*27 WALKER RIVE - OWNER AND ESCROW PAID -$
TOWER CITADEL LLC DAVID PULLEY 2024-01-0008189 163.43$ -$ -$ 163.43$
* 6 CENTER STREET - ESCROW AND OWNER PAID ESCROW DOES NOT WANT BACK SEND TO OWNER
-$
-$
-$
-$
TAX FIRE INTEREST GRAND
GRAND TOTALS 19,614.33$ -$ -$ 19,614.33$
Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070
BOARD OF SELECTMEN MEETING
AGENDA SUBMISSION FORM
1. Title of Submission: Approve the 2026 Neighborhood Assistance Act
Application
2. Date of Board Meeting: June 8, 2026
3. Individual or Entity Making the Submission:
Marc Nelson, Town Manager; Tom Fitzgerald, Deputy Town Manager
4. Action Requested of the Board of Selectmen:
If the Selectmen support the proposed Neighborhood Assistance Act Tax Credit Program
application, following the public hearing, the following motions are in order:
Move, effective June 8, 2026, to approve the 2026 Connecticut Neighborhood Assistance
Act Tax Credit Program application of New Horizons, Inc. (dba Sunshine Wheels), as
presented, and to authorize Town Manager, Marc Nelson, to submit the application, along
with certified copies of this action, to the Connecticut Department of Revenue Services
on or before July 1, 2026.
Further move, to designate Deputy Town Manager, Tom Fitzgerald, as the municipal
liaison.
5. Summary of Submission:
In March 2026, the Town was notified, by the Connecticut Department of Revenue
Services (DRS), that the 2026 Neighborhood Assistance Act Tax Credit Program
application is available to tax-exempt organizations. This program provides a tax credit to
businesses that make cash investments in qualifying community programs conducted by
tax-exempt or municipal agencies. Examples of qualifying community programs include
energy conservation projects, job training, programs serving low-income persons, child
care services, and many others. Programs must be approved by both the municipality in
which the programs are conducted and by DRS. Notice of this opportunity was posted to
the Town website and distributed via the News & Announcements e-subscriber
announcement.
As more fully described in a March, 2026 letter from the DRS, the Board of Selectmen –
after having held a public hearing to hear from the public about any applications received
– must vote to approve one or more of the applications, and provide documentation of
such approval to the DRS no later than July 1, 2026. This year, the Town received one
(1) application from:
• New Horizons, Inc. (dba Sunshine Wheels)
Sunshine Wheels is seeking funds to be able to purchase a new wheelchair accessible
vehicle to meet the need for their service.
A public hearing on these proposals was held earlier this evening. If the Board approves
the application, staff will proceed to submit the application to the DRS. We expect to
receive notification in August as to whether or not the submission was approved.
Businesses requesting a tax credit under the program are required to apply for
participation between September 15th and October 1st.
6. Fiscal Impact:
None
7. Description of Documents Included with Submission:
a) New Horizons, Inc. (dba Sunshine Wheels) Application listed in public hearing
agenda item
Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070
BOARD OF SELECTMEN MEETING
AGENDA SUBMISSION FORM
1. Title of Submission: Schedule a Public Hearing for Proposed Amendments
to Town Code Chapter 13: Ethics, Code of
2. Date of Board Meeting: June 8, 2026
3. Individual or Entity Making the Submission:
Marc Nelson, Town Manager
4. Action Requested of the Board of Selectmen:
If the Selectmen support scheduling the public hearing, the following motion is in order:
Move, effective June 8, 2026, to set a public hearing to receive public comment on the
proposed amendments to Town Code Chapter 13: Ethics, Code of for 6:00 P.M. on
Monday, July 13, 2026.
5. Summary of Submission:
The Town’s Code of Ethics was last amended, in its entirety, more than fifteen (15) years
ago.
The current version, among other things, references a Charter section that no longer
exists (in other words, when the Charter was last revised in 2017, the ethics code was
never brought up to date to match the changes made at that time).
Some of the updates being recommended are merely cleanup; changing gender specific
language, for example, and clarifying that the administrative procedures necessary to
implement the policy now rest with the Town Manager, working through the Town’s newly
established Department of Human Resources, a Town department that did not exist when
the Code was last amended.
Responsibility to ensure staff participation and compliance, including any periodic
training, execution of acknowledgment forms, and so on, will rest with the Superintendent
of Schools in the case of a Board of Education employee, and with the Town Manager,
with respect to municipal employees.
Previously, individual department heads were the tip of the spear for administrative
implementation – that role is being shifted to Human Resources (HR) to assure uniformity
of process throughout the organization, which makes sense since it is HR that onboards
new employees, and is managing other important paperwork and compliance matters (I-
9’s, W-2’s, etc.).
Concurrently with seeking public comment, the draft amendments have been shared with
the Chairman of the Board of Ethics for comments and additional edits that the Board
would like to include in this update.
After the public hearing is held, staff will compile comments and circulate a proposed final
draft later this summer.
6. Fiscal Impact:
None
7. Description of Documents Included with Submission:
a) Draft Amendments to Town Code Chapter 13: Ethics, Code of
Town of Simsbury, CT
Downloaded from https://ecode360.com/SI1160 on 2026-05-08
Chapter 13
ETHICS, CODE OF
§ 13-1. Legislative intent. § 13-8. Equal treatment.
§ 13-2. Board of Ethics. § 13-9. Conflict of interest.
§ 13-3. Definitions. § 13-10. Disclosure.
§ 13-4.
§ 13-5.
§ 13-6.
Consultants.
Confidential information.
Use of influence.
§ 13-11.
§ 13-12.
Incompatible employment and
activities.
Acknowledgment form.
§ 13-7. Gifts and favors.
[HISTORY: Adopted by the Board of Selectmen of the Town of Simsbury 9-14-1988; amended in
its entirety 4-13-2009. Subsequent amendments noted where applicable.] and August XX, 2026.
GENERAL REFERENCES
Personnel — See Ch. 48.
Salaries and compensation — See Ch. 57.
Purchase of alcoholic beverages at Town expense — See Ch. 63.
Gift policy — See Ch. 100.
Personnel Rules and Regulations — See Ch. A160.
§ 13-1. Legislative intent.
The proper operation of government requires that public officials and public employees be independent,
impartial, and responsible to the people; that governmental decisions and policies be made free from undue
influence and in the proper channels of governmental structure; that governmental office and employment
not be used for unauthorized personal gain; that governmental officials and employees strive to avoid even
the appearance of impropriety; and that the public have confidence in the integrity of its government. The
purpose of this Code of Ethics is to set forth standards of ethical conduct to guide officials and employees
of the Town of Simsbury in the conduct of their public responsibilities and to develop and maintain a
tradition of responsible and effective public service. In recognition of these goals, this Code of Ethics is
established pursuant to authority granted to the Town by Connecticut General Statutes Section 7-148h, as
amended.
§ 13-2. Board of Ethics.
A. Establishment. As authorized by Sections 702 and 715 of the Charter of the Town of Simsbury (
“Charter”) and Section 7-148h, as amended, of the Connecticut General Statutes, the Board of
Selectmen shall appoint a Board of Ethics consisting of six members, two of whom shall be registered
Republicans, two of whom shall be registered Democrats and two of whom shall be unaffiliated voters.
The members of the Board shall serve four-year terms., except that at the first appointment by the
Board of Selectmen, one Republican, one Democrat and one unaffiliated voter shall be appointed for
two-year terms, with the remaining members appointed for four-year terms. Biennially, thereafter, the
Board of Selectmen shall appoint in the manner provided in the Charter of the Town of Simsbury.,
except in the case of an appointment to fill a vacancy, which appointment shall be for the remaining
unexpired term of that seat.
Town of Simsbury, CT
Downloaded from https://ecode360.com/SI1160 on 2026-05-08
§ 13-2 SIMSBURY CODE § 13-2
B. Organization and procedure.
B. The Board shall elect a Chairman and Vice Chairman/Secretary and shall establish its own rules and
procedures, which shall be available to any elector of the Town upon request to the Town Clerk to the
Board. The first rules and procedures shall be established within six months of the date this chapter
becomes effective. The need to maintain confidentiality in order to protect the privacy of public
officials, employees, and consultants shall be considered when establishing the rules and procedures.
It shall keep records of its meetings and shall hold meetings at the call of the Chairman and at such
other times as it may determine.
C. C. Powers and duties.
(1) The Board mayshall render advisory opinions with respect to the applicability of the Code of
Ethics to specific situations to any agency or any official, employee, or consultant pursuant to a
written request or upon its own initiative. The Board may also issue guidelines. Such opinions
and guidelines, until amended or revoked, shall be binding on the Board, and reliance upon them
in good faith is an absolute defense in any action brought under the provisions of this chapter or
under Section 1003 of the Town Charter. Any request or opinion, the disclosure of which invades
the personal privacy of any individual [as that term is used in Connecticut General Statutes
Section 1-21019(b)(2), as amended, by the Connecticut Freedom of Information Commission
and the courts], shall be kept confidential in a personnel or similar file and shall not be subject
to public inspection or disclosure. The Board may make available to the public any advisory
opinions that do not invade an individual's privacy and may take other appropriate steps in an
effort to increase public awareness of this Code of Ethics.
(2) The Board shall establish procedures by which the public may initiate complaints alleging a
violation of this Code of Ethics. The Board itself may also initiate such a complaint. The Board
shall have that power and to hold hearings concerning the application of this Code and its
violation and may administer oaths and compel the attendance of witnesses by subpoena. As
required by Section 7-148h(a) of the Connecticut General Statutes, as amended, the provisions
of Section 1-82(a) through (c) of the Connecticut General Statutes, as amended, shall apply to
all investigations and hearings held under this chapter. If the Board determines that there is
probable cause, it shall continue the investigation and hold such further hearings as may be
necessary; and if the Board determines that the respondent has, in fact, violated the provisions
of this Code, it shall file a memorandum of decision with a recommendation for appropriate
action with the Board of Selectmen in any matter involving an elected official of the Town, or
with the Town Manager in any other matter, except with respect to individuals under the
jurisdiction of the Board of Education, in which cases the memorandum of decision shall be filed
with the Board of Education. In the case of a vendor or consultant to the Town, it shall also be filed
with the contracting agency, and a copy shall be provided to the Director of Finance.
(3) If an official, employee, or consultant who is the subject of a complaint under investigation
leaves office or employment after filing of the complaint but before resolution of the complaint,
the Board shall have the power, by majority vote, to continue investigation of the complaint. If
an ethics complaint is filed against a former Town of Simsbury official, employee, or consultant
within 90 days after he or she has left employment for the Town, the Board shall have the power,
by majority vote, to initiate an investigation.
(4) The recommended action may include reprimand, public censure, a fine not to exceed $100 or
other such action as the Town Manager, Board of Selectmen, or Board of Education may deem
appropriate in accordance with their respective responsibilities under the law, provided that in
the case of union employees, such recommended action does not constitute a unilateral change
in conditions of employment. No such recommendation shall limit the authority of the Board of
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Selectmen, or the Board of Education, or the Town Manager under the Charter of the Town of
Simsbury or under any ordinance, statute, or any other law, and the actions hereunder shall
be supplemental to any
Town of Simsbury, CT
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§ 13-2 ETHICS, CODE OF § 13-6
authority the Board of Selectmen or Board of Education has under any ordinance, statute, or any
other law. Any discussion by the Board of Selectmen, Board of Education, or contracting agency
of an individual affected by said memorandum of decision shall be in executive session, unless
the individual affected requests that such discussion be held in open session.
§ 13-3. Definitions.
For the purpose of this chapter, the following terms shall have the indicated meanings:
AGENCY — All boards, commissions, authorities, and committees of the Town of Simsbury, including the
Board of Education, but not including a Town Meeting.
BENEFICIAL INTEREST — Any nonfinancial interest or special treatment that is not common to other
citizens of the Town. An individual's beneficial interests shall include the beneficial interests of all members
of theirhis/her family.
CONFIDENTIAL INFORMATION — Information, whether transmitted orally or in writing, that is
obtained by an official or employee by reason of theirhis/her public position and is of such nature that, at
the time of transmission, it is not a matter of public record.
CONSULTANT — Any independent contractor or professional person or firm that is engaged by and
receives compensation from any agency for the purpose of providing scientific, technical, or other
specialized opinion to such agency and is in a position to influence any decision of an agency, official, or
employee.
EMPLOYEE — Includes all persons, including but not limited to officers and supervisors, employed by
the Town and encompasses all persons, including but not limited to officers and supervisors, employed by
the Board of Education.
FINANCIAL INTEREST — Any interest that has a monetary value of $100 or more or generates a financial
gain or loss of $100 or more in a calendar year; and is not common to the other citizens of the Town. An
individual's financial interests shall include the financial interests of all members of theirhis/her family but
shall not include any duly authorized compensation from the Town.
OFFICIAL — Includes all persons who are members of a Town agency.
§ 13-4. Consultants.
A. This Code of Ethics shall be incorporated into all contracts entered into by an agency and a consultant.
B. Persons or firms who are engaged by and receive compensation from other entities, such as the state
or federal government, and who are in a position to influence any decision of an agency, official, or
employee shall be guided by this Code of Ethics, and the Board of Ethics, upon complaint or its own
motion, may make recommendations to the entity employing such persons.
§ 13-5. Confidential information.
Except as otherwise required by law, no official, employee, or consultant shall disclose, without proper
authorization, confidential information, nor shall theyhe/she use such information to advance theirhis/her
financial or beneficial interests or the financial or beneficial interests of others. This section shall not be
used to restrict the release of information that is properly available to the public.
Town of Simsbury, CT
§ 13-6 SIMSBURY CODE § 13-9
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§ 13-6. Use of influence.
No official, employee, or consultant may inappropriately use t h e i r his/her position to influence a
decision affecting a financial interest or a beneficial interest in theirhis/her favor or in favor of any other person
or entity.
§ 13-7. Gifts and favors.
A. No official, employee, or consultant or any member of theirhis/her immediate family nor any agency,
employee organization, or group of employees shall solicit or accept any valuable gift, whether in the
form of a service, a loan at a less than a commercially reasonable rate, a material thing, or a promise,
from any person or entity who or which is interested directly or indirectly in any business transactions
or pending matters that are within the purview of such prospective recipient's official responsibilities.
No official or employee shall accept any special favor, treatment, consideration, or advantage beyond
that which is generally available to citizens of the Town from any person who, to the official or
employee's knowledge, is interested directly or indirectly in any business transactions or pending
matters that are within theirhis/her official responsibilities. For purposes of this section, pending
matters include, but are not limited to, applications to agencies, bids for work to be performed,
applications for employment, and bids for the furnishing of supplies, equipment, or other items.
B. The Board of Ethics shall formulate guidelines for delineating gifts and favors deemed not to be of
value in order to avoid de minimis situations. Such guidelines shall become effective upon adoption
by the Board of Selectmen.1
C. This section shall not apply to a political contribution otherwise reported as required by law.
§ 13-8. Equal treatment.
Without proper authorization, no official, employee, or consultant shall grant any special consideration,
treatment, or advantage to any citizen beyond that which is available to every other citizen.
§ 13-9. Conflict of interest.
A. An official or employee or consultant has a conflict of interest when theyhe/she engages in or
participates in any transaction, including private employment and the rendering of private services,
that is incompatible with the proper discharge of theirhis/her official responsibilities in the public
interest or would tend to impair theirhis/her independent judgment or action in the performance of
theirhis official responsibilities.
B. An official or employee or consultant has a financial interest or beneficial interest that is incompatible
with the proper discharge of theirhis/her official responsibilities in the public interest if theyhe/she has
have reason to believe or expect that theyhe/she will derive such interest by reason of theirhis/her
performance of theirhis/her official responsibilities.
C. An official or employee or consultant does not have a financial or beneficial interest that is
incompatible with the proper discharge of theirhis/her official responsibilities in the public interest if
any such interest accrues to themhim/her as a member of a business, profession, occupation, or group
to no greater extent than it accrues to any other member of the business, profession, occupation, or
group that theyhe/she represents. This does not relieve an individual from theirhis/her obligation to
refrain from voting on any matter that would directly benefit theirhis/her business, profession,
occupation, group, or family as required by § 13-10 of this Code of Ethics, Section 1003 of the
Charter of the Town of
1. Editor's Note: The Guidelines for Gifts and Favors is included at the end of this chapter.
Town of Simsbury, CT
§ 13-9 ETHICS, CODE OF § 13-11
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Simsbury and General Statutes Section 7-148h(b), as amended.
§ 13-10. Disclosure.
A. Any official, employee, or consultant who has a financial or beneficial interest, direct or indirect, in
any contract, transaction, or decision within the purview of theirhis/her official responsibilities shall
disclose that interest in writing to the Board of Selectmen. Such disclosure also shall be provided, in
the case of an official, to the agency of which the official is a member, and, in the case of an employee
or consultant, to the agency by which theyhe/she areis employed or has been retained. Such disclosure
shall disqualify the official, employee, or consultant from participation in the matter, and violation of
this section shall be grounds for removal by the appropriate agency in accordance with applicable law.
B. No official or employee or consultant shall appear on behalf of any private person or party before any
agency in connection with any cause, proceeding, application, or other matter in which theyhe/she has
have a financial or beneficial interest without first disclosing such interest to the agency, which shall
record such disclosure in the record of the agency's proceeding.
B.C. The Secretary or Clerk of said agency shall notify the First Selectman, in the case of an elected official
or the Town Manager, and shall notify the Town Manager in the case of a Town employee, or the
Superintendent of Schools if an employee of the Board of Education, along with the , the Town
Manager, in the case of an employee, and, in the case of an official or employee of the Board of
Education, the Chairman of the Board of Education, and the Chairman of the Board of Ethics in writing
of such disclosure within three business days.
§ 13-11. Incompatible employment and activities.
A. No official or employee shall engage in or accept private employment or render services for private
interest when the employment or services: are incompatible with the proper discharge of theirhis/her
official duties; or would tend to impair theirhis/her independence of judgment or action in the
performance of theirhis official duty. No consultant shall engage in employment or render services
for interests other than the Town when such employment or services: are incompatible with the proper
discharge of theirhis/ her consulting duties; or would tend to impair the independence of theirhis/her
judgment or action on the matter for which he has been engaged by the Town.
B. No former official, employee, or consultant shall appear on behalf of any private person or other entity
before any agency with which theyhe/she previously was employed or affiliated with for a period of
one year after the termination of theirhis/her public service or employment. Such an individual may
be relieved of theirhis/her duty to refrain from such appearance upon written application to the Board
of Ethics, which Board shall review the written application and relevant facts.
C. No former official, employee, or consultant shall appear on behalf of any private person or other entity
before any agency in regard to a matter in which theyhe/she previously participated in the course of
theirhis/ her official responsibilities for a period of one year after the termination of theirhis/her public
service or employment. Such an individual may be relieved of theirhis/her duty to refrain from such
appearance upon written application to the Board of Ethics, which Board shall review the written
application and relevant facts.
D. Subsections B, C and D of this section shall not prohibit any current or former official, employee, or
consultant from appearing before any agency on theirhis/her own behalf or on behalf of members of
theirhis/ her family. To avoid the appearance of impropriety, officials are strongly discouraged from
appearing before their own agency unless extenuating circumstances exist. When in doubt, an official
should seek an opinion from the Board of Ethics prior to appearing before theirhis/her own agency.
E. An official should not appear before, or participate in the proceeding of, another agency in violation
Town of Simsbury, CT
§ 13-9 ETHICS, CODE OF § 13-11
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of Connecticut General Statutes Section 8-11 or 8-21, as amended, or any other provision of the
Town of Simsbury, CT
§ 13-11 SIMSBURY CODE § 13-12
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General Statutes.
F. To avoid even the appearance of impropriety, an official not otherwise prohibited shall exercise care
when appearing before other agencies and shall disclose whether theyhe/she isare appearing in
theirhis/her official capacity or as a private citizen.
§ 13-12. Acknowledgment form.2
A. Every official shall sign and file with the Town ClerkBoard of Selectmen an acknowledgement form,
supplied by the Town Manager, indicating theirhis/her awareness of the provisions of this Code of
Ethics, the guidelines issued thereunder and Section 1003 of the Charter of the Town of Simsbury on
or before being sworn into office and again thereafter in January of each even numbered year. The
Board of Selectmen Superintendent of Schools, or Town Manager, as applicable, shall adopt and implement
a procedure for monitoring compliance with the aforesaid filing requirement. [Amended 7-12-2021]
B. Every consultant shall sign and file with the agency by which they he/she isare retained an
acknowledgment form, supplied by the TownFirst Selectman,, indicating theirhis/her awareness of
the provisions of this Code of Ethics, the guidelines thereunder, and Section 1003 of the Charter of
the Town of Simsbury on or before being retained by an agency. The Superintendent of Schools, or
Town Manager, as applicable,Board of Selectmen shall adopt and implement a procedure for
monitoring compliance with the aforesaid filing requirement.
C. Employees.
(1) The Town Manager Board of Selectmen shall adopt and the First Selectman shall implement a
plan for making all employees, other than persons who are employed by the Board of Education,
aware of the provisions of this Code of Ethics, the guidelines issued thereunder, and Section
1003 of the Charter of the Town of Simsbury. The plan established by the Town Manager
adopted by the Board of Selectmen shall contain a provision requiring that the Human Resources
Director or theirhis/her designee department heads review such provisions with all such employees
upon hiring, and three year intervals thereafterat an interval to be determined by the Board of
Selectmen. The plan shall be completed within 120 days after the adoption of this Code of Ethics,
and. A a copy of the plan shall be filed with the Board of Ethics upon implementation and upon
any subsequent revision.its adoption.
(2) Every employee, other than persons employed by the Board of Education, shall execute an
acknowledgment form, supplied by the Human Resources Director or theirhis/her designeeFirst
Selectman, indicating the employee's awareness of the provisions of this Code of Ethics, the
guidelines issued thereunder, and Section 1003 of the Charter. of the Town of Simsbury as
follows:
(a) New employees shall execute the form at the time of employment and thereafter in
accordance with Subsection C(2)(b) below.
(b) Current employees shall execute the form within 60 days after the adoption of the
procedure set forth in Subsection C(1) above and thereafter at intervals specified by the
Board of Selectmen, but in no event shall such intervals be less frequent than a period of
two years from the date of signing the last acknowledgement form.
D. Board of Education.
(1) The Board of Education shall adopt and the Superintendent shall implement a plan for making
all employees of the Board of Education aware of the provisions of this Code of Ethics, the
guidelines issued thereunder, and Section 1003 of the Charter of the Town of Simsbury. The
Town of Simsbury, CT
§ 13-11 SIMSBURY CODE § 13-12
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2. Editor's Note: The Acknowledgement Form is included at the end of this chapter.
Town of Simsbury, CT
§ 13-12 ETHICS, CODE OF § 13-12
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plan adopted by the Board of Education shall contain a provision requiring that department heads
review such provisions with all employees at an interval to be determined by the Board of
Education. The plan shall be completed within 120 days after the adoption of this Code of Ethics,
and Aa copy of the plan shall be filed with the Board of Ethics upon its adoption.
(2) Every employee of the Board of Education, shall execute an acknowledgment form, supplied by
the Superintendent, indicating the employee's awareness of the provisions of this Code of Ethics,
the guidelines issued thereunder, and Section 1003 of the Charter of the Town of Simsbury, as
follows.:
(a) New employees shall execute the form at the time of employment. and thereafter in
accordance with Subsection D(2)(b) below.
(b) Current employees shall reacknowledge the policy at intervals specified by the Board of
Education, or at least every three years, whichever is less.execute the form within 60 days
after the adoption of the procedure set forth in Subsection D(1) above and thereafter at
intervals specified by the Board of Education, but in no event shall such intervals be less
frequent than a period of two years from the date of signing the last acknowledgement
form.
Town of Simsbury933 HOPMEADOW STREET SIMSBURY, CONNECTICUT 06070
BOARD OF SELECTMEN MEETING
AGENDA SUBMISSION FORM
1. Title of Submission: Apply for and Accept the 2025/2026 Connecticut
Department of Emergency Services and Public
Protection Emergency Management Performance
Grant
2. Date of Board Meeting: June 8, 2026
3. Individual or Entity Making the Submission:
Marc Nelson, Town Manager; James Traficante, Emergency Management Director
4. Action Requested of the Board of Selectmen:
If the Selectmen support applying for the Emergency Management Performance Grant,
the following motion is in order:
Move, effective June 8, 2026, to apply for the 2025/2026 Emergency Management
Performance Grant as presented.
In the event that the grant is awarded, the following additional motion is in order:
Move, to accept the 2025/2026 Emergency Management Performance Grant and to
authorize Marc Nelson, Town Manager, to execute all documents related to the grant
award.
5. Summary of Submission:
Annually, the Town submits a grant application to the state Department of Emergency
Services and Public Protection for an Emergency Management Performance Grant
(EMPG). The grant application documents are traditionally prepared by the Fire District,
but the municipal CEO is required to execute the grant application and award documents.
The Fire District provides Emergency Management services to the Town. James
Traficante currently serves as the Town’s Emergency Management Director.
The Town will be applying for the 2025/2026 Emergency Management Performance
Grant in the amount of $26,953. In order to receive the funds, the Town Manager must
execute the attached grant application and receive authorization from the Board of
Selectmen to do so.
6. Financial Impact:
The Town serves as a pass through for receipt of the grant monies. Once the grant funds
are received by the Town, they are then transferred to the Fire District. The grant funds
are used to offset the costs of the Emergency Management Director’s salary.
The grant requires a local match in the amount of $13,476. The local match is provided
by the Fire District and is indirect. The indirect match of $13,476 reflects part of the Fire
District’s contribution to Mr. Traficante’s salary.
7. Description of Documents Included with Submission:
a) 2025/2026 EMPG Application
AUTHORIZATION OF AGREEMENT
My signature below, for and on behalf of the above-named grantee, indicates acceptance of the above referenced award and further
certifies that:
1. I have the authority to execute this agreement on behalf of the grantee; and the grantee acknowledges that they have read,
understand and will comply the attached budgets, general and Special Grant Conditions contained within this grant award
package on the following pages.
________________________________
(Date)
For the Department of Emergency Services and Public Protection
CORE CT INFORMATION (FOR DESPP OFFICE USE)
Contract #:_______________________ PO #_______________________ Receipt Date:___________________________
Amount Fund Dept. SID Program Account CH 1 CH 2 Bud Ref Proj.
STATE OF CONNECTICUT
DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION
DIVISION OF EMERGENCY MANAGEMENT AND HOMELAND SECURITY
NOTICE OF GRANT AWARD
Purpose: This document is the obligating contract between the Recipient and Sub-Recipient.
Signatory: DESPP Commissioner or designee.
Authorizing Legislation: Section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), as amended,
(Pub. L. No. 109-295) (6 U.S.C. § 762);
SUB-RECIPIENT INFORMATION GRANT INFORMATION RECIPIENT INFORMATION:
Grantee:
Address:
FEIN:
UEI:
POC:
DEMHS Grant #:
Funding Type:
Date of Award:
Subgrant Start Date:
Subgrant End Date:
Grantor:
Unit:
Address:
POC:
Phone #:
Email:
FUNDING BREAKDOWN (Summary of Attached Budget)
Total Budget:
Total State Funding:
Total Federal Funding:
Federal Awarding Agency:
Federal Grant No.:
Federal Budget Period:
Federal Award Amount:
US DHS/FEMA
In-Kind State Match:
Grantee Match:
R&D Award (2CFR 200.331):
Assistance Listing No.:
Grantee Fiscal Year:
Date of Federal Award:
July 1 to June 30
SUMMARY DESCRIPTION OF FUNDING
DESPP/DEMHS
Planning and Preparedness
Grants
1111 Country Club Rd.
Middletown, CT 06457
By: ___________________________________________________________
Yes Nox
(Signature of Authorized Official)
(Printed or Typed Name of Authorized Official)
__________________________________________
________________________________
(Date)
By: ___________________________________________________________
(Printed or Typed Name of Authorized Official)
DESPP COMMISSIONER or designee
(Signature of Authorized Official)
Federal
Through this accord, the Sub-recipient will use grant funding in the amount of from the Emergency
Management Performance Grant for costs related to supporting all-hazards emergency management mission areas.
1
Initials
STATE OF CONNECTICUT
DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION DIVISION OF
EMERGENCY MANAGEMENT AND HOMELAND SECURITY
Special Grant Conditions
Emergency Management Performance Grant
1. An Interoperable Communications Request Form must be submitted by the sub-recipient for
approval of any purchase of interoperable radio/data communications equipment, including
upgrades to existing systems. No funds may be expended on communications/data equipment until
the approval has been received.
2. The sub-recipient, including all other recipients of assistance under the grant, whether by contract,
subcontract, or subgrant, upon request, agrees to cooperate with research and evaluation efforts of
DEMHS or any party designated by DEMHS for such purpose. The sub-recipient further agrees that
such cooperation includes but is not limited to: (1) collecting and maintaining project data, including
client data, (2) supplying project data to DEMHS or its designee; and (3) permitting access by
DEMHS or its designee to any and all project information whether stored by manual or electronic
means.
3. All training events, seminars, and conferences must be approved by DEMHS prior to submitting
registration for the event. Requests to attend training events must include names of staff, purpose
of training, justification/need for training, location, dates, and costs. Staff attending training events
may be required to present a summary of the training to DEMHS and/or other sub-recipients.
4. The sub-recipient agrees to verify the status of potential vendors prior to any obligation of funds.
Vendor eligibility to received federal funds can be verified at www.sam.gov . Contracts or
agreements (including renewals) for consultant services, and a summary of the selection process,
must be submitted to DEMHS for review prior to execution.
5. Sub-recipients shall use their own procurement procedures and regulations or the State's,
whichever is stricter. If the sub-recipient used their own procurement procedures, they must follow
applicable Federal law and standards. Sub-recipients are encouraged to utilize State Contracts for
purchases whenever possible.
6. All sub-recipients must complete an Environmental Planning and Historic Preservation (EHP) review
prior to starting work on any approved construction project. Sub-recipients shall not undertake any
project having the potential to impact EHP resources without the prior approval of FEMA, which is
submitted through DEMHS. Please contact your DEMHS Program Manager for required forms.
Projects requiring EHP approval include, but are not limited to: communications towers, physical
security enhancements, new construction, and modifications to buildings (interior and exterior),
structures and objects that are 50 years old or greater.
7. If an item (equipment, service, training) is not specifically listed in the approved budget, the
allowability must be verified with the DEMHS Program Manager in advance of purchase.
2
Initials
8. The sub-recipient shall comply with the following regarding training and exercises:
a. The sub-recipient must obtain DEMHS Grant Unit (Program Manager) and DEMHS Training
Manager approval for all grant-funded training conducted or scheduled by the sub-recipient.
DEMHS training approval and all related documentation must be retained by the sub-
recipient in the grant file. The sub-recipient must seek guidance from the Grant Unit prior to
arranging for meals or refreshments at training/exercises.
9. The sub-recipient agrees that all publications created with funding under this grant shall
prominently contain the following statement: “This document was prepared under a grant from the
Federal Emergency Management Agency’s Grant Programs Directorate (FEMA/GPD) within the U.S.
Department of Homeland Security”. Points of view or opinions expressed in this document are those
of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the
U.S. Department of Homeland Security.” The sub-recipient also agrees that, when practicable, any
equipment purchased with grant funding shall be prominently marked as follows: “Purchased with
funds provided by the U.S. Department of Homeland Security.”
10. The sub-recipient agrees to comply with the restrictions DEMHS has placed on the use of funds for
overtime and backfill reimbursement under EMPG, to include the maximum payment of $344.00
per person per day. Overtime shall be approved prior by the DEMHS Grant Unit Program Manager.
Please initial here to indicate that you have read and understand these conditions __________
Please initial here to indicate that you have read and understand these conditions __________ 3
SECTION 1: Use of Grant Funds.
1.1 The sub-recipient agrees to expend the grant funds awarded pursuant to this agreement for allowable
purposes only and to comply with all of the terms and conditions of the grant award and any related documents
that set forth its obligations as sub-recipient. Grant funds shall not, without advance written approval by DESPP/
DEMHS, be obligated prior to the starting date or subsequent to the termination date of the grant period.
DEMHS shall assume no liability for the reimbursement of expenditures incurred by the sub-recipient until such
changes have been accepted and approved by DESPP/DEMHS in writing.
SECTION 2: Fiscal Control.
2.1 The sub-recipient shall maintain accounting records and establish policies and provide procedures to
assure sound fiscal control, effective management, and efficient use of grant funds. The sub-recipient shall
establish fiscal control and accounting procedures to assure proper disbursement of, and accounting for,
grant funds. Accounting procedures must provide for the accurate and timely recording of receipt of funds
by source, expenditures made from such funds, and unexpended balances. Controls must be adequate to
ensure that expenditures charged to grant activities are made for allowable purposes only.
SECTION 3: Retention of Records and Records Accessibility.
3.1. The sub-recipient shall maintain a master file of all important documentation related to this grant, the
authorized Signatory, Project Point of Contact and the Chief Financial Officer for said sub-recipient should
be apprised at to the location of this master file to prepare for potential turnover in grant and
administrative staff.
3.2. Financial records, supporting documents, statistical records, and all other records pertaining to this grant
and located within the master file shall be retained for a period of three years starting from the date of the
submission of the final executed Notice of Grant Closeout document.
3.3. If any litigation, claim or audit is started before the expiration date of the three-year period, the records
shall be retained until all litigation, claims or audit findings involving the records have been resolved.
3.4. Records for the purchase of equipment (i.e., non-expendable, tangible personal property) acquired with
grant funds shall be retained for three years after the final disposition of said property.
3.5. The State or its representatives shall have the right at reasonable hours to examine any books, records
and other documents of the sub-recipient or its subcontractors pertaining to work performed under this
agreement. The State will give the sub-recipient or such subcontractor at least twenty-four hours notice of
such intended examination. At the State’s request, the sub-recipient shall provide the State with hard
copies of or electronic copies of any data or information relating to the State’s business, which data or
information is in the possession or control of the sub-recipient. The sub-recipient shall incorporate this
paragraph verbatim into any agreement it enters into with any subcontractor relating to this grant.
SECTION 4: Insurance.
4.1 The sub-recipient agrees that while performing any service specified in this grant, the sub-recipient shall maintain
sufficient insurance (liability and/or other), according to the nature of the service to be performed, so as to “save
harmless” the State of Connecticut from any insurable cause whatsoever. If requested, certificates of insurance shall
be filed with the Division of Emergency Management and Homeland Security prior to the performance of services.
STATE OF CONNECTICUT
DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION
DIVISION OF EMERGENCY MANAGEMENT AND HOMELAND SECURITY
DEMHS Grant Conditions
Please initial here to indicate that you have read and understand these conditions __________ 4
SECTION 5: Conflict of Interest.
5.1. No person who is an officer, employee, consultant or review board member of the sub-recipient shall
participate in the selection, award or administration of a contract, subcontract, subgrant or agreement or in the
selection and supervision of an employee if a conflict of interest, real or apparent, would be involved. Such a
conflict would arise when the officer, employee, consultant or review board member or any member of his/her
immediate family, or his/her partner, or an organization which employs, or is about to employ any of the above
has a financial interest in the entity or firm selected for the contract, subcontract, or subgrant or when the
individual employed is related to any of the foregoing persons.
SECTION 6: Reports.
6.1 The sub-recipient shall submit such reports as the Division of Emergency Management and Homeland
Security shall reasonably request and shall comply with all provisions regarding the submission of such reports.
Reports shall include, but not be limited to, revised project narratives, revised budgets and budget narratives,
progress reports, financial reports, cash requests, sub-recipient affirmative action packets, and sub-recipient
packets and budgets. Cash requests may be withheld by the Division of Emergency Management and Homeland
Security until complete and timely reports are received and approved.
SECTION 7: Funding Limitation.
7.1. Funding of this project in no way obligates DESPP/DEMHS to fund the project in excess of this grant, beyond
the period of this grant, or in future years.
SECTION 8: Revised Budget.
8.1. If the grant amount and/or the distribution of funds between budget line items, as identified on the Notice
of Grant Award, is different from the amount and/or the distribution in the grant application budget, the sub-
recipient agrees to submit to the Division of Emergency Management and Homeland Security a revised budget
and budget narrative equal prior to the submission of the reimbursement request. Cash requests will be
withheld until the revision is received and approved. Please refer to Page 3 § B2, B3 for more information
regarding budget shifts.
SECTION 9: Audits.
9.1. In accordance with the following conditions, if requested, the sub-recipient agrees to conduct and submit to
the Division of Emergency Management and Homeland Security a completed audit package with management
letters and corrective action plans for audits of each of the fiscal years included in the period of this grant and
any amendments thereto.
SECTION 10: Unexpended Funds and/or Disallowed Costs.
10.1 If project costs are less than the grant, and/or any project costs have been disallowed, the sub-recipient
agrees to return the unexpended/disallowed funds to the Division of Emergency Management and Homeland
Security not later than 60 days following closeout of the grant.
SECTION 11: Americans with Disabilities Act.
11.1 This section applies to those grantees, which are or will become responsible for compliance with the terms
of the Americans with Disabilities Act of 1990 during the period of award of the grant. The sub-recipient
represents that it is familiar with the terms of this Act and that it is in compliance with the law. Failure of the sub-
recipient to satisfy this standard either now or during the period of the grant as it may be amended will render the
grant voidable at the option of the State upon notice to the sub-recipient. The sub-recipient warrants that it will
hold the State harmless from any liability, which may be imposed upon the State as a result of any failure of the
sub-recipient to be in compliance with this Act.
Please initial here to indicate that you have read and understand these conditions __________ 5
SECTION 12: Independent Contractor.
12.1. The sub-recipient shall act as an independent contractor in performing this agreement, maintaining
complete control over its employees and all of its subcontractors. Before hiring outside consultants or
entering into contractual agreements with persons, partnerships or companies, the sub-recipient will notify
the Division of Emergency Management and Homeland Security of the contractor’s identity.
SECTION 13: Non-Supplanting.
13.1. The sub-recipient shall not use state funds conveyed by the grant to supplant any local funds, if a
municipality, or other state funds, if a state agency, which were budgeted for purposes analogous to that of
the state grant funds. The Division of Emergency Management and Homeland Security may waive this
provision upon request and for good cause shown, when it is satisfied that the reduction in local funds or other
state funds, as the case may be, is due to circumstances not related to the grant.
SECTION 14: CHRO Requirements
14.1 Please be reminded that this contract is subject to State set-aside and contract compliance
requirements which were enacted under June 2015 Special Session Public Act 15-5 and became effective
October 1, 2015. The Connecticut Commission on Human Rights and Opportunities (CHRO) is responsible for
administering these requirements. The recipient must comply with these requirements, as applicable, relative
to the award of the contract. Further information can be found on the CHRO web page at portal.ct.gov/chro.
Questions regarding these requirements are to be directed to Alvin Bingham, the CHRO’s Contract Compliance
Unit Supervisor, via phone, at (860) 541-4709 or via email, at
Alvin.Bingham@ct.gov.
SECTION 15: Project Specific Grant Conditions.
15.1 The sub-recipient agrees to comply with the attached aforementioned project specific conditions, which are
issued in connection with this specific program, and which are hereby made a part of this award.
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REV. 08/25/25
DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION
DIVISION OF EMERGENCY MANAGEMENT AND HOMELAND SECURITY
STATE REQUIRED TERMS AND CONDITIONS
DEFINITIONS
(a) Unless expressly provided within a specific provision of this contract, the following definitions
shall apply to these terms and conditions:
(1) “Claims” means 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.
(2) “Contract” shall mean this agreement, as of its effective date, between or among the Parties.
(3) “Contractor Parties” shall mean a Grantee’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 Grantee is in privity of oral or
written contract and the Grantee intends for such other person or entity to Perform under the
agreement in any capacity. The term “Contractor” shall mean “Grantee” throughout these
Terms and Conditions. “Agency” shall refer to the state entity managing the funds.
(4) “Goods” shall mean 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 Notice of Grant Award.
(5) “Goods or Services” shall mean Goods, Services or both, as specified in the Notice of Grant
Award.
(6) “Perform” shall mean 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.
(7) “Records” shall mean 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.
(8) “Services” shall mean the performance of labor or work, as specified in the Solicitation and as set
forth in this Contract.
(9) “Solicitation” shall mean 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 control 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
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incorporated into the Contract in its entirety, but, rather, it is incorporated into the Contract only to
the extent specifically stated.
(10) “State” shall mean the State of Connecticut, including the Agency and any office, department,
board, council, commission, institution or other agency or entity of the State.
(11) “Termination” shall mean 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.
(12) “Title” shall mean all ownership, title, licenses, rights and interest, including, but not limited to,
perpetual use, of and to the Goods or Services.
AUDIT CLAUSE.
Audit Requirements. For purposes of this paragraph, the word "contractor" shall be deemed to mean
"nonstate entity," as that term is defined in Section 4-230 of the Connecticut General Statutes. The
contractor shall provide for an annual financial audit acceptable to the Department for any expenditure
of state-awarded funds made by the contractor. Such audit shall include management letters and audit
recommendations. The State Auditors of Public Accounts shall have access to all records and accounts
for the fiscal year(s) in which the award was made. The contractor will comply with federal and state
single audit standards as applicable.
WHISTLEBLOWING.
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.
DISCLOSURE OF RECORDS. (If value of Agreement exceeds $2.5 million)
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.
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ACCESS TO CONTRACT AND STATE DATA.
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.
FORUM AND CHOICE OF LAW.
The parties deem the Contract 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 Contract 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 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.
TERMINATION.
(a) 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.
(b) 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.
(c) 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.
(d) 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
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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.
(e) The Agency shall, within forty-five (45) days of the effective date of Termination, reimburse the
Contractor for its Performance rendered and accepted by the Agency in accordance with the Notice
of Grant Award, in addition to all actual and reasonable costs incurred after Termination in
completing those portions of the Performance which the notice required the Contractor to
complete. However, the Contractor is not entitled to receive and the Agency is not obligated to
tender to the Contractor any payments for anticipated or lost profits. Upon request by the Agency,
the Contractor shall assign to the Agency, or any replacement contractor which the Agency
designates, all 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.
(f) 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.
(g) 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.
(h) Termination of the Contract pursuant to this section shall not be deemed to be a breach of contract
by the Agency.
TANGIBLE PERSONAL PROPERTY.
(a) 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:
(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;
(2) A customer’s payment of a use tax to the Contractor or its Affiliates relieves the customer of liability
for the use tax;
(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;
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(4) The Contractor and its Affiliates are not liable for use tax billed by them but not paid to them by a
customer; and
(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 penalties provided for persons
required to collect sales tax under chapter 219 of the general statutes.
(b) For purposes of this section of the Contract, the word “Affiliate” means any person, as defined in
section 12-1 of the general statutes, that controls, is controlled by, or is under common control with
another person. A person controls another person if the person owns, directly or indirectly, more
than ten per cent of the voting securities of the other person. The word “voting 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.
(c) 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.
INDEMNIFICATION.
(a) 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) third party
Claims arising, directly or indirectly, in connection with the Contract; 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 this Contract. Contractor shall use
counsel reasonably acceptable to the State in carrying out its obligations under this Section.
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 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.
(b) Contractor shall not be responsible for indemnifying, defending 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.
(c) Contractor shall reimburse the State for any and all damages to the real or personal property of
the State caused by the acts of Contractor or any Contractor Parties. The State shall give
Contractor reasonable notice of any such Claims.
(d) Contractor’s duties under this Section shall remain fully in effect and binding in accordance with
the terms of this 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 or where the State is alleged or is found to have contributed to the acts giving rise to the
Claims or both.
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(e) Contractor shall carry and maintain at all times during the Term of this Contract, and during the
time that any provisions survive the Term of this Contract, sufficient commercial general
liability insurance to satisfy its obligations under this Contract. Contractor shall name the State
as an additional insured on the policy and shall provide a copy of the policy to the Agency prior
to the effective date of the Contract. Contractor shall not begin performance until the delivery
of the policy to the Agency. The Agency shall be entitled to recover under the insurance policy
even if a body of competent jurisdiction determines that the Agency or the State is
contributorily negligent.
(f) This section shall survive the Termination of the Contract and shall not be limited by reason of
any insurance coverage.
SOVERIGN IMMUNITY.
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.
SUMMARY OF STATE ETHICS LAWS.
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 Office of State Ethics
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.
AUDIT AND INSPECTION OF PLANTS, PLACES OF BUSINESS AND RECORDS.
(a) 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.
(b) 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.
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(c) The State shall make all requests for any audit or inspection in writing and shall provide the
Contractor with at least twenty-four (24) hours’ notice prior to the requested audit and inspection
date. If the State suspects fraud or other abuse, or in the event of an emergency, the State is not
obligated to provide any prior notice.
(d) The Contractor shall pay for all costs and expenses of any audit or inspection which reveals
information that, in the sole determination of the State, is sufficient to constitute a breach by the
Contractor under this Agreement. The Contractor shall remit full payment to the State for such
audit or inspection no later than 30 days after receiving an invoice from the State. If 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.
(e) 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.
(f) 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.
(g) The Contractor shall incorporate this entire Section verbatim into any contract or other agreement
that it enters into with any Contractor Party.
CAMPAIGN CONTRIBUTION RESTRICTION.
Campaign Contribution Restriction. For all State contracts, defined in section 9-612 of the Connecticut
General Statutes as having a value of $50,000 or more, or a combination or series of such agreements
or contracts having a value of $100,000 or more in a calendar year, the authorized signatory to this
Agreement represents that they have received 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.
PROTECTION OF CONFIDENTIAL INFORMATION.
(a) Contractor and Contractor Parties, at their own expense, have a duty to and shall 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.
(b) 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:
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(1) A security policy for employees related to the storage, access and transportation of data
containing Confidential Information;
(2) Reasonable restrictions on access to records containing Confidential Information, including
access to any locked storage where such records are kept;
(3) A process for reviewing policies and security measures at least annually;
(4) Creating secure access controls to Confidential Information, including but not limited to
passwords; and
(5) Encrypting of Confidential Information that is stored on laptops, portable devices or being
transmitted electronically.
(c) 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.
(d) The Contractor shall 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.
(e) 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:
“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
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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 information that may be lawfully obtained from publicly available sources or from
federal, state, or local government records which are lawfully made available to the general
public.
“Confidential Information Breach” shall mean, generally, an instance where an unauthorized
person or entity accesses Confidential Information in any manner, including but not limited to
the following occurrences: (1) any Confidential Information that is not encrypted or protected
is misplaced, lost, stolen or in any way compromised; (2) one or more third parties have had
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 client, the Contractor, the Department or State.
EXECUTIVE ORDERS AND OTHER ENACTMENTS.
(a) All references in this Contract 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 Contract at any time during its term, or that may be made applicable to the
Contract during its term. This Contract shall always be read and interpreted in accordance with the
latest applicable wording and requirements of the Enactments. Unless otherwise provided by
Enactments, the Contractor is not relieved of its obligation to perform under this Contract if it
chooses to contest the applicability of the Enactments or the Client Agency’s authority to require
compliance with the Enactments.
(b) This Contract 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 Contract as if they had been fully set forth in it.
(c) This Contract 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 Contract as if fully set forth in it.
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NONDISCRIMINATION.
(a) For purposes of this Section, the following terms are defined as follows:
(1) "Commission" means the Commission on Human Rights and Opportunities;
(2) "Contract" and “contract” include any extension or modification of the Contract or contract;
(3) "Contractor" and “contractor” include any successors or assigns of the Contractor or contractor;
(4) "Gender identity or expression" means a person's gender-related identity, appearance or
behavior, whether or not that gender-related identity, appearance or behavior is different from
that traditionally associated with the person's physiology or assigned sex at birth, which gender-
related identity can be shown by providing evidence including, but not limited to, medical
history, care or treatment of the gender-related identity, consistent and uniform assertion of the
gender-related identity or any other evidence that the gender-related identity is sincerely held,
part of a person's core identity or not being asserted for an improper purpose;
(5) “good faith" means that degree of diligence which a reasonable person would exercise in the
performance of legal duties and obligations;
(6) "good faith efforts" includes, but is not limited to, those reasonable initial efforts necessary to
comply with statutory or regulatory requirements and additional or substituted efforts when it is
determined that such initial efforts will not be sufficient to comply with such requirements;
(7) "marital status" means being single, married as recognized by the state of Connecticut,
widowed, separated or divorced;
(8) "mental disability" means one or more mental disorders, as defined in the most recent edition of
the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental
Disorders", or a record of or regarding a person as having one or more such disorders;
(9) "minority business enterprise" means any small contractor (1) fifty-one per cent or more of the
capital stock, if any, or assets of which are owned by a person or persons who (a) exercise
operational authority over the daily affairs of the enterprise, (b) have the power to direct the
management and policies and receive the beneficial interest of the enterprise, (c) possess
managerial and technical competence and experience directly related to the principal business
activities of the enterprise, and (d) are members of a minority, as defined in C.G.S. § 32-9n, or
are individuals with a disability, or (2) which is a nonprofit corporation in which fifty-one per
cent or more of the persons who exercise operational authority over the enterprise, (a) possess
managerial and technical competence and experience directly related to the principal business
activities of the enterprise, (b) have the power to direct the management and policies of the
enterprise, and (c) are member of a minority, as defined in C.G.S. § 32-9n, or are individuals
with a disability; and
(10) "public works contract" means any agreement (A) for construction, rehabilitation, conversion,
extension, demolition or repair of changes or improvements in real property, and (B) that is
financed in whole or in part by the state, including, but not limited to, matching expenditures,
grants, loans, insurance or guarantees where such funding equals one hundred fifty thousand
dollars or more.
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For purposes of this Section, the terms “Contract” and “contract” do not include a contract where each
contractor is (1) a political subdivision of the state, including, but not limited to, a municipality, unless
the contract is a public works contract, (2) any other state, including but not limited to any federally
recognized Indian tribal governments, as defined in C.G.S. § 1-267, (3) the federal government, (4) a
foreign government, or (5) an agency of a subdivision, state or government described in the
immediately preceding enumerated items (1), (2), (3), or (4).
(b) (1) The Contractor agrees and warrants that in the performance of the Contract such Contractor
will not discriminate or permit discrimination against any person or group of persons on the
grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, sexual
orientation, gender identity or expression, status as a veteran, status as a victim of domestic
violence, status as a victim of sexual assault or status as a victim of trafficking in persons,
intellectual disability, mental disability or physical disability, including, but not limited to,
blindness, unless it is shown by such Contractor that such disability prevents performance of
the work involved, in any manner prohibited by the laws of the United States or of the State of
Connecticut; and the Contractor further agrees to take affirmative action to ensure that
applicants with job-related qualifications are employed and that employees are treated when
employed without regard to their race, color, religious creed, age, marital status, national
origin, ancestry, sex, gender identity or expression, sexual orientation, status as a veteran, status
as a victim of domestic violence, status as a victim of sexual assault or status as a victim of
trafficking in persons, intellectual disability, mental disability or physical disability, including,
but not limited to, blindness, unless it is shown by the Contractor that such disability prevents
performance of the work involved;
(2) the Contractor agrees, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, to state that it is an "affirmative action equal opportunity employer" in
accordance with regulations adopted by the Commission;
(3) the Contractor agrees to provide each labor union or representative of workers with which
the Contractor has a collective bargaining Agreement or other contract or understanding and
each vendor with which the Contractor has a contract or understanding, a notice to be provided
by the Commission, advising the labor union or workers’ representative of the Contractor's
commitments under this Section and to post copies of the notice in conspicuous places
available to employees and applicants for employment;
(4) the Contractor agrees to comply with each provision of this Section and Connecticut
General Statutes §§ 46a-68e and 46a-68f and with each regulation or relevant order issued by
said Commission pursuant to Connecticut General Statutes §§ 46a-56, 46a-68e, 46a-68f and
46a-86; and (5) the Contractor agrees to provide the Commission with such information
requested by the Commission, and permit access to pertinent books, records and accounts,
concerning the employment practices and procedures of the Contractor as relate to the
provisions of this Section and Connecticut General Statutes § 46a-56. If the contract is a public
works contract, the Contractor agrees and warrants that he or she will make good faith efforts
to employ minority business enterprises as subcontractors and suppliers of materials on such
public works projects.
(d) Determination of the Contractor's good faith efforts shall include, but shall not be limited to, the
following factors: The Contractor's employment and subcontracting policies, patterns and
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practices; the timing and value of bids; affirmative advertising, recruitment and training;
technical assistance activities and such other reasonable activities or efforts as the Commission
may prescribe that are designed to ensure the participation of minority business enterprises in
public works projects.
(d) The Contractor shall develop and maintain adequate documentation, in a manner prescribed by
the Commission, of its good faith efforts.
(e) The Contractor shall include the provisions of subsection (b) of this Section in every subcontract
or purchase order entered into in order to fulfill any obligation of a contract with the State, and in
every subcontract entered into in order to fulfill any obligation of a public works contract, and
such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by
regulations or orders of the Commission. The Contractor shall take such action with respect to
any such subcontract or purchase order as the Commission may direct as a means of enforcing
such provisions, including sanctions for noncompliance in accordance with Connecticut General
Statutes § 46a-56; provided, if such Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the Commission, the
Contractor may request the State of Connecticut to enter into any such litigation or negotiation
prior thereto to protect the interests of the State and the State may so enter.
(f) The Contractor agrees to comply with the regulations referred to in this Section as they exist on
the date of this Contract and as they may be adopted or amended from time to time during the
term of this Contract and any amendments thereto.
(g) Pursuant to subsection (c) of section 4a-60 of the Connecticut General Statutes, the Contractor,
for itself and its authorized signatory of this Contract, affirms that it understands the obligations
of this Section and that it will maintain a policy for the duration of the Contract to assure that the
Contract will be performed in compliance with the nondiscrimination requirements of such
section. The Contractor and its authorized signatory of this Contract demonstrate their
understanding of this obligation by (A) having provided an affirmative response in the required
online bid or response to a proposal question which asks if the contractor understands its
obligations under such sections, (B) signing this Contract, or (C) initialing this nondiscrimination
affirmation in the following box: 
IRAN ENERGY INVESTMENT CERTIFICATION.
(a) Pursuant to section 4-252a of the Connecticut General Statutes, the Contractor certifies that
it has not made a direct investment of twenty million dollars or more in the energy sector of
Iran on or after October 1, 2013, as described in Section 202 of the Comprehensive Iran
Sanctions, Accountability and Divestment Act of 2010, and has not increased or renewed
such investment on or after said date.
(b) If the Contractor makes a good faith effort to determine whether it has made an investment
described in subsection (a) of this section then the Contractor shall not be deemed to be in
breach of the Contract or in violation of this section. A "good faith effort" for purposes of
this subsection includes a determination that the Contractor is not on the list of persons who
engage in certain investment activities in Iran created by the Department of General Services
of the State of California pursuant to Division 2, Chapter 2.7 of the California Public
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Contract Code. Nothing in this subsection shall be construed to impair the ability of the State
agency or quasi-public agency to pursue a breach of contract action for any violation of the
provisions of the Contract.
LARGE STATE CONTRACT REPRESENTATION FOR CONTRACTOR.
Pursuant to section 4-252 of the Connecticut General Statutes and Acting Governor Susan
Bysiewicz Executive Order No. 21-2, promulgated July 1, 2021, the Contractor, for itself and on
behalf of all of its principals or key personnel who submitted a bid or proposal, represents:
(a) That no gifts were made by (A) the Contractor, (B) any principals and key personnel of the
Contractor, who participate substantially in preparing bids, proposals or negotiating State
contracts, or (C) any agent of the Contractor or principals and key personnel, who
participates substantially in preparing bids, proposals or negotiating State contracts, to (i)
any public official or State employee of the State agency or quasi- public agency soliciting
bids or proposals for State contracts, who participates substantially in the preparation of bid
solicitations or requests for proposals for State contracts or the negotiation or award of State
contracts, or (ii) any public official or State employee of any other State agency, who has
supervisory or appointing authority over such State agency or quasi-public agency;
(b) That no such principals and key personnel of the Contractor, or agent of the Contractor or of
such principals and key personnel, knows of any action by the Contractor to circumvent such
prohibition on gifts by providing for any other principals and key personnel, official,
employee or agent of the Contractor to provide a gift to any such public official or State
employee; and
(c) That the Contractor is submitting bids or proposals without fraud or collusion with any
person.
LARGE STATE CONTRACT REPRESENTATION FOR OFFICIAL OR EMPLOYEE OF
STATE AGENCY.
Pursuant to section 4-252 of the Connecticut General Statutes and Acting Governor Susan Bysiewicz
Executive Order No. 21-2, promulgated July 1, 2021, the State agency official or employee represents
that the selection of the person, firm or corporation was not the result of collusion, the giving of a gift
or the promise of a gift, compensation, fraud or inappropriate influence from any person.
CALL CENTER AND CUSTOMER SERVICE WORK
Contractor shall perform all required state business-related call center and customer service work
entirely within the State of Connecticut. If Contractor performs work outside of the State of
Connecticut and adds customer service employees who will perform work pursuant to this Contract,
then Contractor shall employ such new employees within the State of Connecticut prior to any such
employee performing any work pursuant to this Contract.
COMPLIANCE WITH CONSUMER DATA PRIVACY AND ONLINE MONITORING.
Pursuant to section 4e-72a of the Connecticut General Statutes of the Connecticut General Assembly,
Contractor shall at all times comply with all applicable provisions of sections 42-515 to 42-525,
inclusive, of the Connecticut General Statutes, as the same may be revised or modified.
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Terms and Conditions revised from AG 8/2025 (No HIPAA) Compliance with 2025 Public Acts
CONSULTING AGREEMENT REPRESENTATIONS.
Pursuant to section 4a-81 of the Connecticut General Statutes, the person signing this Contract on
behalf of the Contractor represents, to their best knowledge and belief and subject to the penalty of
false statement as provided in section 53a-157b of the Connecticut General Statutes, that the
Contractor has not entered into any consulting agreements in connection with this Contract, except for
the agreements listed below or in an attachment to this Contract. "Consulting agreement" means any
written or oral agreement to retain the services, for a fee, of a consultant for the purposes of (A)
providing counsel to a contractor, vendor, consultant or other entity seeking to conduct, or conducting,
business with the State, (B) contacting, whether in writing or orally, any executive, judicial, or
administrative office of the State, including any department, institution, bureau, board, commission,
authority, official or employee for the purpose of solicitation, dispute resolution, introduction, requests
for information, or (C) any other similar activity related to such contracts. "Consulting agreement"
does not include any agreements entered into with a consultant who is registered under the provisions
of chapter 10 of the Connecticut General Statutes as of the date such contract is executed in accordance
with the provisions of section 4a-81 of the Connecticut General Statutes.
Consultant’s Name and Title Name of Firm (if applicable)
Start Date End Date Cost
The basic terms of the consulting agreement are:
Description of Services Provided:
Is the consultant a former State employee or former public official?  YES  NO
If YES:
Name of Former State Agency Termination Date of Employment
Article
1
Assurance, Administrative Requirements, Cost Principles, Representations, and
Certifications
Article
2
General Acknowledgements and Assurances
Article
3
Acknowledgement of Federal Funding from DHS
Article
4
Activities Conducted Abroad
Article
5
Age Discrimination Act of 1975
Article
6
Americans with Disabilities Act of 1990
Article
7
Best Practices for Collection and Use of Personally Identifiable Information
Article
8
CHIPS and Science Act of 2022, Public Law 117-167 CHIPS
Article
9
Civil Rights Act of 1964 – Title VI
Article
10
Civil Rights Act of 1968
Article
11
Communication and Cooperation with the Department of Homeland Security and
Immigration Officials
Article
12
Copyright
Article
13
Debarment and Suspension
Article
14
Drug-Free Workplace Regulations
Article
15
Duplicative Costs
Article
16
Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Article
17
Energy Policy and Conservation Act
Article
18
Equal Treatment of Faith-Based Organizations
Article
19
Anti-Discrimination
Article
20
False Claims Act and Program Fraud Civil Remedies
Article
21
Federal Debt Status
Article
22
Federal Leadership on Reducing Text Messaging while Driving
Article
23
Fly America Act of 1974
Article
24
Hotel and Motel Fire Safety Act of 1990
Article
25
John S. McCain National Defense Authorization Act of Fiscal Year 2019
Article
26
Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Article
27
Lobbying Prohibitions
Agreement Articles
Program: Fiscal Year 2025 Emergency Management Performance Grant
Recipient: EMERGENCY SERVICES AND PUBLIC PROTECTION, DEPARTMENT OF
UEI-EFT: YDBAZKLDWMN4
Award number: EMB-2025-EP-05008
Article
28
National Environmental Policy Act
Article
29
National Security Presidential Memorandum-33 (NSPM-33) and provisions of the
CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254
Article
30
Non-Supplanting Requirement
Article
31
Notice of Funding Opportunity Requirements
Article
32
Patents and Intellectual Property Rights
Article
33
Presidential Executive Orders
Article
34
Procurement of Recovered Materials
Article
35
Rehabilitation Act of 1973
Article
36
Reporting Recipient Integrity and Performance Matters
Article
37
Reporting Subawards and Executive Compensation
Article
38
Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
Article
39
SAFECOM
Article
40
Subrecipient Monitoring and Management
Article
41
System for Award Management and Unique Entity Identifier Requirements
Article
42
Termination of a Federal Award
Article
43
Terrorist Financing
Article
44
Trafficking Victims Protection Act of 2000(TVPA)
Article
45
Uniting and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56
Article
46
Use of DHS Seal, Logo and Flags
Article
47
Whistleblower Protection Act
Article
48
Environmental Planning and Historic Preservation (EHP) Review
Article
49
Applicability of DHS Standard Terms and Conditions to Tribal Nations
Article
50
Acceptance of Post Award Changes
Article
51
Disposition of Equipment Acquired Under the Federal Award
Article
52
Prior Approval for Modification of Approved Budget
Article
53
Indirect Cost Rate
Article
54
Build America, Buy America Act (BABAA) Required Contract Provision & Self-
Certification
Article
55
Compliance with Federal Immigration Law
Article
56
Non-Applicability of Specific Terms and Agreement Articles
Article
57
Impact of San Francisco v. Trump Preliminary Injunction
Article
58
Impact of State of Illinois v. FEMA Injunction
Article
59
Non-Applicability of Specific Agreement Articles
Article
60
Period of Performance and Budget Period
Article
61
Funding Hold: Additional Information Required
Article
62
Funding Hold: Verification of State’s Population
Article
63
Rescission of Agreement Articles Pursuant to State of Illinois, et al. v. FEMA, et al.
Article
64
Amended Period of Performance and Budget Period Pursuant to State of Illinois, et
al. v. Kristi Noem, et al. (D.RI) and State of Michigan et al. v. Kristi Noem et al. (D.OR).
Article
65
Rescission of Funding Hold: Verification of State’s Population Pursuant to State of
Illinois, et al. v. Kristi Noem, et al. (D.RI) and State of Michigan et al. v. Kristi Noem et
al. (D.OR).
Article 1 Assurance, Administrative Requirements, Cost Principles,
Representations, and Certifications
I. Recipients must complete either the Office of Management and Budget (OMB)
Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard
Form 424D Assurances – Construction Programs, as applicable. Certain
assurances in these documents may not be applicable to your program and the
DHS financial assistance office (DHS FAO) may require applicants to certify
additional assurances. Applicants are required to fill out the assurances, as
instructed.
Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards in effect as of the federal award date 

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