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8H Consent 2016 0418
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8H Consent 2016 0418
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4/25/2016 5:23:33 PM
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4/14/2016 10:34:31 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/18/2016
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_CC Agenda 2016 0418 CS+RG
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\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0418
Reso 2016-043
(Reference)
Path:
\City Clerk\City Council\Resolutions\2016
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<br />88 SECTION 6: ATTACHMENTS | 2014_0122 <br /> <br /> CONNECTICUT <br />Terms and Conditions <br /> <br />Whistleblowing. <br />This Contract may be subject to the provisions of Section 4-61dd of the Connecticut General Statutes. In accordance with this statute, <br />if an officer, employee or appointing authority of the Contractor takes or threatens to take any personnel action against any employee <br />of the Contractor in retaliation for such employee's disclosure of information to any employee of the contracting state or quasi-public <br />agency or the Auditors of Public Accounts or the Attorney General under the provisions of subsection (a) of such statute, the <br />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 <br />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 <br />calendar day's continuance of the violation shall be deemed to be a separate and distinct offense. The State may request that the <br />Attorney General bring a civil action in the Superior Court for the Judicial District of Hartford to seek imposition and recovery of such <br />civil penalty. In accordance with subsection (f) of such statute, each large state contractor, as defined in the statute, shall post a notice <br />of the provisions of the statute relating to large state contractors in a conspicuous place which is readily available for viewing by the <br />employees of the Contractor. <br /> <br />Forum and Choice of Law. <br />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 <br />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 <br />of Connecticut, without giving effect to its principles of conflicts of laws. To the extent that any immunities provided by Federal law <br />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 <br />jurisdiction, for the purpose of venue, the complaint shall be made returnable to the Judicial District of Hartford only or shall be <br />brought in the United States District Court for the District of Connecticut only, and shall not be transferred to any other court, <br />provided, however, that nothing here constitutes a waiver or compromise of the sovereign immunity of the State of Connecticut. The <br />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 <br />irrevocably submits to such jurisdiction in any suit, action or proceeding. <br /> <br />Sovereign Immunity. <br />The parties acknowledge and agree that nothing in the solicitation or the Contract shall be construed as a modification, compromise or <br />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 <br />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 <br />the Contract. To the extent that this section conflicts with any other section, this section shall govern. <br /> <br />Summary of State Ethics Laws. <br />Pursuant to the requirements of section 1-101qq of the Connecticut General Statutes, the summary of State ethics laws developed by <br />the State Ethics Commission pursuant to section 1-81b of the Connecticut General Statutes is incorporated by reference into and made <br />a part of the Contract as if the summary had been fully set forth in the Contract. <br /> <br />Campaign Contribution Restriction. <br />For all State contracts, defined in Conn. Gen. Stat. §9-612(g)(1) as having a value in a calendar year of $50,000 or more, or a <br />combination or series of such agreements or contracts having a value of $100,000 or more, the authorized signatory to this Contract <br />expressly acknowledges receipt of the State Elections Enforcement Commission’s notice advising state contractors of state campaign <br />contribution and solicitation prohibitions, and will inform its principals of the contents of the notice, as set forth in "Notice to <br />Executive Branch State Contractors and Prospective State Contractors of Campaign Contribution and Solicitation Limitations,” <br />attached to this Participating Addendum.
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