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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
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\City Clerk\City Council\Resolutions\2016
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<br />91 SECTION 6: ATTACHMENTS | 2014_0122 <br /> <br />Tangible Personal Property <br /> <br />(a) The Contractor on its behalf and on behalf of its Affiliates, as defined below, shall comply with the provisions of Conn. Gen. Stat. <br />§12-411b, as follows: <br /> <br />(1) For the term of the Contract, the Contractor and its Affiliates shall collect and remit to the State of Connecticut, <br />Department of Revenue Services, any Connecticut use tax due under the provisions of Chapter 219 of the <br />Connecticut General Statutes for items of tangible personal property sold by the Contractor or by any of its <br />Affiliates in the same manner as if the Contractor and such Affiliates were engaged in the business of selling <br />tangible personal property for use in Connecticut and had sufficient nexus under the provisions of Chapter 219 to <br />be required to collect Connecticut use tax; <br /> <br />(2) A customer’s payment of a use tax to the Contractor or its Affiliates relieves the customer of liability for the use tax; <br /> <br />(3) The Contractor and its Affiliates shall remit all use taxes they collect from customers on or before the due date <br />specified in the Contract, which may not be later than the last day of the month next succeeding the end of a <br />calendar quarter or other tax collection period during which the tax was collected; <br /> <br />(4) The Contractor and its Affiliates are not liable for use tax billed by them but not paid to them by a customer; and <br /> <br />(5) Any Contractor or Affiliate who fails to remit use taxes collected on behalf of its customers by the due date <br />specified in the Contract shall be subject to the interest and penalties provided for persons required to collect sales <br />tax under chapter 219 of the general statutes. <br /> <br />(b) For purposes of this section of the Contract, the word “Affiliate” means any person, as defined in section 12-1 of the general <br />statutes, that controls, is controlled by, or is under common control with another person. A person controls another person if the <br />person owns, directly or indirectly, more than ten per cent of the voting securities of the other person. The word “voting security” <br />means a security that confers upon the holder the right to vote for the election of members of the board of directors or similar <br />governing body of the business, or that is convertible into, or entitles the holder to receive, upon its exercise, a security that <br />confers such a right to vote. “Voting security” includes a general partnership interest. <br /> <br />(c) The Contractor represents and warrants that each of its Affiliates has vested in the Contractor plenary authority to so bind the <br />Affiliates in any agreement with the State of Connecticut. The Contractor on its own behalf and on behalf of its Affiliates shall <br />also provide, no later than 30 days after receiving a request by the State’s contracting authority, such information as the State may <br />require to ensure, in the State’s sole determination, compliance with the provisions of Chapter 219 of the Connecticut Genera l <br />Statutes, including, but not limited to, §12-411b. <br /> <br />Audit and Inspection of Plants, Places of Business and Records <br />(a) The State and its agents, including, but not limited to, the Connecticut Auditors of Public Accounts, Attorney General and <br />State’s Attorney and their respective agents, may, at reasonable hours, inspect and examine all of the parts of the Contractor’s <br />and Contractor Parties’ plants and places of business which, in any way, are related to, or involved in, the performance of this <br />Contract. <br /> <br />(b) The Contractor shall maintain, and shall require each of the Contractor Parties to maintain, accurate and complete Records. <br />The Contractor shall make all of its and the Contractor Parties’ Records available at all reasonable hours for audit and <br />inspection by the State and its agents. <br /> <br />(c) The State shall make all requests for any audit or inspection in writing and shall provide the Contractor with at least twenty- <br />four (24) hours’ notice prior to the requested audit and inspection date. If the State suspects fraud or other abuse, or in the <br />event of an emergency, the State is not obligated to provide any prior notice. <br /> <br />(d) All audits and inspections shall be at the State’s expense. <br /> <br />(e) The Contractor shall keep and preserve or cause to be kept and preserved all of its and Contractor Parties’ Records until thr ee <br />(3) years after the latter of (i) final payment under this Contract, or (ii) the expiration or earlier termination of this Contract, <br />as the same may be modified for any reason. The State may request an audit or inspection at any time during this period. If
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