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01.05.2023 Council Packet Ammon City Council 01.05.2023Page 1 of 161 Ammon City Council 01.05.2023Page 2 of 161 Ammon City Council 01.05.2023Page 3 of 161 Ammon City Council 01.05.2023Page 4 of 161 Ammon City Council 01.05.2023Page 5 of 161 PROCLAMATION Martin Luther King, Jr. Day of Service January 5, 2023 Ammon City Council 01.05.2023Page 6 of 161 Ammon City Council 01.05.2023Page 7 of 161 o o o o o o o o o o Ammon City Council 01.05.2023Page 8 of 161 Ammon City Council 01.05.2023Page 9 of 161 o o Ammon City Council 01.05.2023Page 10 of 161 Ammon City Council 01.05.2023Page 11 of 161 Ammon City Council 01.05.2023Page 12 of 161 Ammon City Council 01.05.2023Page 13 of 161 Ammon City Council 01.05.2023Page 14 of 161 Ammon City Council 01.05.2023Page 15 of 161 Ammon City Council 01.05.2023Page 16 of 161 -AUtahCorporation--AUtahCorporation- 3302 N.Main Street3302 N.Main Street Spanish Fork, UT 84660Spanish Fork, UT 84660 Phone: 801.798.0555Phone: 801.798.0555 Fax: 801.798.9393Fax: 801.798.9393 office@lei-eng.comoffice@lei-eng.com www.lei-eng.comwww.lei-eng.com Ammon City Council 01.05.2023Page 17 of 161 - AUtah Corporation -- AUtah Corporation - 3302 N. Main Street3302 N. Main Street Spanish Fork, UT 84660Spanish Fork, UT 84660 Phone: 801.798.0555Phone: 801.798.0555 Fax: 801.798.9393Fax: 801.798.9393 office@lei-eng.comoffice@lei-eng.com www.lei-eng.comwww.lei-eng.com Ammon City Council 01.05.2023Page 18 of 161 Ammon City Council 01.05.2023Page 19 of 161 Ammon City Council 01.05.2023Page 20 of 161 Ammon City Council 01.05.2023Page 21 of 161 Ammon City Council 01.05.2023Page 22 of 161 Ammon City Council 01.05.2023Page 23 of 161 Ammon City Council 01.05.2023Page 24 of 161 Ammon City Council 01.05.2023Page 25 of 161 Ammon City Council 01.05.2023Page 26 of 161 Ammon City Council 01.05.2023Page 27 of 161 Ammon City Council 01.05.2023Page 28 of 161 Ammon City Council 01.05.2023Page 29 of 161 Ammon City Council 01.05.2023Page 30 of 161 Ammon City Council 01.05.2023Page 31 of 161 Ammon City Council 01.05.2023Page 32 of 161 Ammon City Council 01.05.2023Page 33 of 161 Ammon City Council 01.05.2023Page 34 of 161 Ammon City Council 01.05.2023Page 35 of 161 Ammon City Council 01.05.2023Page 36 of 161 Ammon City Council 01.05.2023Page 37 of 161 Ammon City Council 01.05.2023Page 38 of 161 Ammon City Council 01.05.2023Page 39 of 161 Ammon City Council 01.05.2023Page 40 of 161 Ammon City Council 01.05.2023Page 41 of 161 Ammon City Council 01.05.2023Page 42 of 161 Ammon City Council 01.05.2023Page 43 of 161 Ammon City Council 01.05.2023Page 44 of 161 Ammon City Council 01.05.2023Page 45 of 161 Ammon City Council 01.05.2023Page 46 of 161 Ammon City Council 01.05.2023Page 47 of 161 Ammon City Council 01.05.2023Page 48 of 161 Ammon City Council 01.05.2023Page 49 of 161 Ammon City Council 01.05.2023Page 50 of 161 Ammon City Council 01.05.2023Page 51 of 161 Ammon City Council 01.05.2023Page 52 of 161 Ammon City Council 01.05.2023Page 53 of 161 Ammon City Council 01.05.2023Page 54 of 161 Ammon City Council 01.05.2023Page 55 of 161 Ammon City Council 01.05.2023Page 56 of 161 Ammon City Council 01.05.2023Page 57 of 161 Ammon City Council 01.05.2023Page 58 of 161 Ammon City Council 01.05.2023Page 59 of 161 Ammon City Council 01.05.2023Page 60 of 161 Ammon City Council 01.05.2023Page 61 of 161 Ammon City Council 01.05.2023Page 62 of 161 Ammon City Council 01.05.2023Page 63 of 161 Ammon City Council 01.05.2023Page 64 of 161 Ammon City Council 01.05.2023Page 65 of 161 Ammon City Council 01.05.2023Page 66 of 161 Ammon City Council 01.05.2023Page 67 of 161 Ammon City Council 01.05.2023Page 68 of 161 Ammon City Council 01.05.2023Page 69 of 161 Ammon City Council 01.05.2023Page 70 of 161 Ammon City Council 01.05.2023Page 71 of 161 Ammon City Council 01.05.2023Page 72 of 161 Ammon City Council 01.05.2023Page 73 of 161 Ammon City Council 01.05.2023Page 74 of 161 Ammon City Council 01.05.2023Page 75 of 161 Ammon City Council 01.05.2023Page 76 of 161 Ammon City Council 01.05.2023Page 77 of 161 Ammon City Council 01.05.2023Page 78 of 161 Ammon City Council 01.05.2023Page 79 of 161 Ammon City Council 01.05.2023Page 80 of 161 Ammon City Council 01.05.2023Page 81 of 161 Ammon City Council 01.05.2023Page 82 of 161 Ammon City Council 01.05.2023Page 83 of 161 Ammon City Council 01.05.2023Page 84 of 161 Ammon City Council 01.05.2023Page 85 of 161 Ammon City Council 01.05.2023Page 86 of 161 Ammon City Council 01.05.2023Page 87 of 161 Ammon City Council 01.05.2023Page 88 of 161 Ammon City Council 01.05.2023Page 89 of 161 Ammon City Council 01.05.2023Page 90 of 161 Ammon City Council 01.05.2023Page 91 of 161 Ammon City Council 01.05.2023Page 92 of 161 Ammon City Council 01.05.2023Page 93 of 161 Ammon City Council 01.05.2023Page 94 of 161 Ammon City Council 01.05.2023Page 95 of 161 Ammon City Council 01.05.2023Page 96 of 161 Heather McBride <hmcbride@cityofammon.us> Public Hearing 2022-028 Kyle Fielding <bfielding@co.bonneville.id.us>Mon, Nov 7, 2022 at 11:17 AM To: Heather McBride <hmcbride@cityofammon.us> Cc: "cdonovan@cityofammon.us" <cdonovan@cityofammon.us> Heather, This will require more Ammon patrol deputies to police this new annexation. At least one if not two. Sgt. Kyle Fielding On Nov 7, 2022, at 11:10 AM, Heather McBride <hmcbride@cityofammon.us> wrote: CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. \[Quoted text hidden\] 2022-028 Flagship Annex PDF.pdf 1087K Ammon City Council 01.05.2023Page 97 of 161 Ammon City Council 01.05.2023Page 98 of 161 Ammon City Council 01.05.2023Page 99 of 161 Ammon City Council 01.05.2023Page 100 of 161 Ammon City Council 01.05.2023Page 101 of 161 Heather McBride <hmcbride@cityofammon.us> Expansion of housing new proposal on 21st 1 message Elise<elisermiller@gmail.com>Mon, Nov 14, 2022 at 11:00 AM To: Cindy Donovan <cdonovan@cityofammon.us> To whom it may Concern, Regarding the expansion of housing between 1st and 21st streets and Foothill to 52st. I would like to formally oppose that the city consider this development. While I understand that growth is inevitable. This type of growth is not necessary, responsible, or good for this community. There are proper ways to add in developments. 3000 homes in a small area is a bad idea, we don't have proper egress for that many people on already congested streets of 1st and 21st. 21st street next to Rimrock elementary’s crosswalk needs to have a push button light system added for safe crossing at all times if the day. That is a while other issue. Water and sewer are a huge concern, as well as schooling. Where will all these kids attend? As the amount of homes will comprise another High School, middle school, and multiple elementary schools. Those will have difficulty in passing given recent history. current residents will suffer as a result of this passage. Furthermore it is not in the long term plan for this rural community, with the exception of continual amending by those in power at this time. Please halt this assine plan as it will further ruin our cherished community until these issues are addressed first. Also, why is there not impact fees added to new builds!?! Have them add it to their home loans. This will help dramatically to pay for improvement of the roads, schools, sewer system etc that new growth impacts. I know the city of Ammon takes pride on low taxes but we have to do something. These big developers can’t come in and just build new developments and leave the tax payers to deal with the aftermath of more growth. -- Regards, Elise Miller Sent from my iPhone Ammon City Council 01.05.2023Page 102 of 161 Ammon City Council 01.05.2023Page 103 of 161 Ammon City Council 01.05.2023Page 104 of 161 Ammon City Council 01.05.2023Page 105 of 161 Ammon City Council 01.05.2023Page 106 of 161 Ammon City Council 01.05.2023Page 107 of 161 Ammon City Council 01.05.2023Page 108 of 161 Ammon City Council 01.05.2023Page 109 of 161 Ammon City Council 01.05.2023Page 110 of 161 Ammon City Council 01.05.2023Page 111 of 161 7 ȟ7 ³¤± ) ȟ)­¥± ²³±´¢³´±¤ 3 ȟ3 ¥¤³¸ % ȟ%£´¢ ³¨®­ Ammon City Council 01.05.2023Page 112 of 161 Ammon City Council 01.05.2023Page 113 of 161 9,426 persons / sq mile7,876 persons / sq mile Have you ever lived anywhere this densely populated ¡¤¥®±¤Ȉ ) § µ¤ȁ )Ȍµ¤ ¡®³§ ¡´¨«³ ­¤¨¦§¡®±§®®£² «¨ª¤ ³§¨² and lived in them myself. For comparison purposes (US Census 2020): -¨­­¤ ¯®«¨²Ǿ -. ȟͽǾͶ͸ͽ / ª« ­£Ǿ #! ȟͽǾ͵ͻͷ 2,325 persons / sq mile 0¨³³²¡´±¦§Ǿ 0! ȟͺǾ͹ͻͶ , ² 6¤¦ ²Ǿ .6 ȟ͹ǾͻͶ͵ Ammon City Council 01.05.2023Page 114 of 161 (®¶¤µ¤± ȟ%­¦¨­¤¤±Ȍ² ¯®¨­³ ®¥ ±¤¥¤±¤­¢¤ ¶ ² ±®´¦§«¸ ; ¬¨«¤s away as the crow flies or 10.3 as the car drives from the proposed MEGA DEVELOPMENT site. Ammon City Council 01.05.2023Page 115 of 161 ) ¨¬ ¦¨­¤ ³§¨² ¨² ¶§ ³ ¨³ ¶¨«« ¡¤ «¨ª¤ ¶§¤­ ͸ǾͶ͹ͷ §®¬¤²  ­£ ;Ǿ͵͵͵ϋ ¯¤®¯«¤ ¦¤³  ££¤£ ³® ®´± ¤·¨²³¨­¦ ¨­¥± ²³±´¢³´±¤ȁ "´³ ± ³§¤± ³§ ­ ¨¬ ¦¨­¤Ǿ «¤³² «®®ª  ³ ²®¬¤ ±¤ « £ ³ ȁ Ammon City Council 01.05.2023Page 116 of 161 4§¤ ²³´£¸ ¢®­¢«´£¤£ ³§ ³ ȏ that all study intersections are currently operating at acceptable levels of service during the evening peak hour” Ammon City Council 01.05.2023Page 117 of 161 Ammon City Council 01.05.2023Page 118 of 161 None; drivers will learn to adapt Ammon City Council 01.05.2023Page 119 of 161 )¥ ³§¤ £¤µ¤«®¯¤± ¨²­Ȍ³ ¯ ¸¨­¦ Ͷ͵͵ωǾ ³§¤­ ¸®u know who will be paying the difference. Ammon City Council 01.05.2023Page 120 of 161 Fix the problems with the existing roads FIRST, and then allow reasonable, WISE growth to occur. Ammon City Council 01.05.2023Page 121 of 161 Ammon City Council 01.05.2023Page 122 of 161 Ammon City Council 01.05.2023Page 123 of 161 Ammon City Council 01.05.2023Page 124 of 161 Ammon City Council 01.05.2023Page 125 of 161 Ammon City Council 01.05.2023Page 126 of 161 Ammon City Council 01.05.2023Page 127 of 161 Ammon City Council 01.05.2023Page 128 of 161 Ammon City Council 01.05.2023Page 129 of 161 Ammon City Council 01.05.2023Page 130 of 161 Ammon City Council 01.05.2023Page 131 of 161 Ammon City Council 01.05.2023Page 132 of 161 Ammon City Council 01.05.2023Page 133 of 161 Ammon City Council 01.05.2023Page 134 of 161 Ammon City Council 01.05.2023Page 135 of 161 Ammon City Council 1/5/202 Mayor Coletti and City Councilmembers: Ordinance 696 to Amend Title 5 Chapter 3 Sections 17-20 of the Ammon Municipal Code Staff Presenting: Clarissa Mueller, Enforcement Officer Recommendation -Staff Recommends to adopt Ordinance 696 and waive the three readings. Summary of Analysis 1.Pet sales in public places- The Enforcement Department has received complaints and concerns „flY„dnxl ˆ Yvf ‡mY‡ Y„f zbbˆ„„nxl nx ‡mf Y„unxl vz‡ zx ‡mf xz„‡m ndf zk Lz„‡ wYx¯ Warehouse on Derrald Dr. The puppy sales have been happening for some time. However, what was once one or two litters has grown exponentially. One person referred to the puppy Yvf zx ç¸àâ¸àà Y Y °bY„xnYv± Y ‡mf„f Žf„f ˆnf vnxfd ˆ Yvzxl ‡mf zˆ‡m ndf zk ,f„„Yvd and they have also expanded to selling puppies on the north side of Derrald near Alpine Jewelers. 2.Safety concerns include: people crossing the street with no regard to moving vehicles (there are no crosswalks in this mid-block area), people parking along both sides of Derald preventing consumers from exiting the parking lot safely, traffic jams and backups coming off of Hitt Rd., employees complaining about not having parking spaces available for them to park in or bˆ ‡zwf„ xz‡ afnxl Yavf ‡z Y„u ‡z mz Y‡ ‡mf aˆ nxf f ­ ! Lz„‡ wYx¯ fwvzff ‡zvd wf that angry people are coming into their store upset with them for allowing the sales. Their reply n ‡mY‡ ‡mf dzx¯‡ zŽx ‡mf Y„unxl vz‡ Yxd afbYˆ f ‡mf zxv „fx‡ ‡mf aˆnvdnxl ‡mf„f n xz‡mnxl they can do. 3.Animal welfare concerns such as puppies that have been raised in poor conditions or have not received proper veterinary care often suffer from illnesses or parasites that are transmissible to humans. Diseases can spread rapidly at open-air venues such as this parking lot area, where dozens of people may handle these animals. Transmittable health problems include parvovirus and mange, which can be passed to other puppies or dogs, and giardia, which can be passed to both animals and humans. Mmf l„Y ‡„n Y‡ ‡mn vzbY‡nzx n Yv z „fkf„„fd ‡z Y °HY„z KzŽ z„ HY„z !vvf­± Mmn lnf Y f„ negative connotation to the businesses here along with actual concerns for canine parvovirus. Parvo is a disease that is highly communicable to puppies 6 weeks to 6 months old. They are exposed to the parvovirus every time they sniff, lick, or consume infected feces. Indirect transmission occurs when a person who has recently been exposed to an infected dog touches another puppy. There is no way to know if a dog or puppy is contagious and spreading the disease until the symptoms present, which is typically within 3-7 days. At that point, emergency vet care is crucial for them to survive. Puppies are repeatedly being exposed to parvo due to the 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage|1 Ammon City Council 01.05.2023Page 136 of 161 feces infecting the ground in this area. We have confirmed cases of parvo in puppies purchased from this location. If the puppy does not receive treatment soon enough, the outcome is almost always death. If treatment is received early on, the prognosis is usually good, but very costly around $1200-1500 and up. This causes financial and emotional distress to the new owners. 4.Due to the growing numbers of people selling puppies, a group of people rallied to protest the puppy sales on 9/24/22, resulting in a news story. Channel 8 is referring to these puppy sales as ‡mf °Hˆ >Y„uf‡ nx !wwzx­±https://youtu.be/AOXwR9ns-Ko 5.Most of the people selling puppies are not Ammon residents. They come from Rexburg, Rigby, Lmfvvfª 6dYmz 3Yvv ª Yxd z‡mf„ ˆ„„zˆxdnxl Y„fY ­ Kf zx navf a„ffdf„ Y„fx¯‡ lznxl ‡z Y„unxl lots or other public areas to sell their puppies. 6.I reached out to Hawkins Companies Property Management and their security team began asking puppy sellers to leave the premises. This led to sellers setting up on the sidewalk and on the street. Some sellers moved to a vacant car lot on 14th North to sell their puppies. Hawkins put up signs at Sportsmans on the trees to deter people from selling animals or loitering, but the nlx Y„f afnxl nlxz„fd­ Mmf Lmf„nkk¯ Akknbf n Y unxl fzvf ‡z vfYf z„ fxkz„bnxl ‡„f Y nxl laws, but the sellers are reported to leave and come back at a later time or other day. 7.The Traffic Commission passed a no parking zone on Derrald that will eliminate sellers from setting up in the street in the future at this location. In order to prevent these sales from continuing, an ordinance preventing animal sales in public places will be necessary. Prohibiting the sale of animals in public places is important because backyard breeders often use public venues to sell animals that are underage, unhealthy, not vaccinated and not spayed or neutered. These sales are unregulated, with no accountability on the part of the seller. Many of these pets are purchased impulsively and are surrendered to shelters when the cost of caring for them becomes unmanageable. 8.Mill-Bred Pets-The Humane Society of the United States (HSUS) has determined that puppy and un‡‡fx wnvv Y„f nxmˆwYxf bzwwf„bnYv a„ffdnxl kYbnvn‡nf Žmnbm dn „flY„d ‡mf YxnwYv ¯ mfYv‡mª both physical and emotional, in order to maximize profits. The U.S. has about 10,000 (licensed and unlicensed) puppy mills. Approximately 2.4 Million puppies are sold annually that originate from these mills. Most pet store puppies or kittens come from these substandard breeding facilities. When consumers buy puppies or kittens from pet stores, it is likely that they are unknowingly supporting the puppy and kitten mill instrusty. 9.Documented abuses of puppy and kitten mills include over-breeding; inbreeding; minimal to non-existent veterinary care; lack of adequate food, water or shelter; lack of socialization; lack of adequate space; and the euthanization of unwanted animals. The inhumane conditions in puppy and kitten mills can lead to health and behavioral issues in the animals, which many consumers are unaware of when purchasing animals. 10.The lack of enforcement resources at local, state and federal levels allow many inhumane puppy and kitten mills to operate with impunity. According to the HSUS, consumers purchase dogs and cats from pet stores that are believed to be healthy and genetically sound, but in reality, these animals often face an array of health problems including zoonotic diseases or genetic disorders 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage|2 Ammon City Council 01.05.2023Page 137 of 161 that present after sale of surface several years later, which leads to costly veterinary bills and emotional distress to the pet owners. 11.Many reputable dog and cat breeders refuse to sell through pet stores or in public places such as parking lots, and work carefully to screen families and ensure good, lifelong matches. Responsible dog and cat breeders do not sell their animals to pet stores or in parking lots. The United Kennel Club (UKC), the second oldest all-breed registry of purebred dogs pedigrees in the U.S. and the second largest in the world, asks its breeder members to agree to a Code Of Ethics which includes a pledge not to sell their puppies to pet stores. Similar pledges are included in Codes of Ethics for many individual breed clubs. 12.Due to growing awareness and education across the country, there are over 400 and counting city and/or county ordinances enacted to address the sale of puppies and kittens bred in these substandard, inhumane breeding facilities. ßá­!wwzx¯ Hf‡bz Yxd xfnlmaz„nxl Hf‡LwY„‡ Yv„fYd zf„Y‡f „zkn‡Yav a kzbˆ nxl zx ‡mf Yvf zk pet services and supplies. They also partner with many of our local animal rescue organizations by holding adoption events through their stores and offering discounts for newly adopted animals. 14.The sale of dogs or cats in pet stores or sold or offered for sale in public places in the City of !wwzx n nxbzx n ‡fx‡ Žn‡m ‡mf *n‡¯ lzYv ‡z af Y bzwwˆxn‡ ‡mY‡ „zwz‡f YxnwYv ŽfvkY„f­ 15.Although there is currently not an issue in Ammon due to responsible local pet stores, prohibiting the sale of dogs and cats of any age in pet stores and public places (unless sourced from an animal shelter or animal rescue organization) will prevent any future concerns, promote community awareness of animal welfare and will foster a more humane environment within the City. We also believe that these restrictions will encourage pet consumers to adopt dogs and bY‡ k„zw mfv‡f„ ª Žmnbm Žnvv Yf YxnwYv ¯ vnf Yxd „fdˆbf bz ‡ ‡z ‡mf ˆavnb ‡z mfv‡f„ animals. 16.The sale of dogs and cats from puppy or kitten mills, backyard breeders, or other sources that use substandard breeding practices is an unwholesome business practice and not in the best interest of the public nor the welfare of the animals or the residents of Ammon. 17.The City recognizes that not all dogs and cats retailed in pet stores or sold or offered for sale in public places are products of inhumane breeding conditions, but it is our belief that puppy and kitten mills and backyard breeding continue to exist in part because of the public demand and the sale of dogs and cats in pet stores and public places. 18.The Humane Society of the United States recommends to avoid supporting an inhumane breeder, buyers should never purchase a puppy from a pet store, over the internet or at a third-party location such as a parking lot. Buyers should make sure to visit the breeder in person and see for themselves the condition in which the puppy and its parents are living. 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage|3 Ammon City Council 01.05.2023Page 138 of 161 19.We would like to adopt reasonable regulations to protect members of the community, prevent inhumane conditions or treatment of animals, and to foster a more healthy and humane environment in the City. 20.Restricting the retail sale of dog and cats to only those sourced from animal welfare or rescue organizations is likely to increase demand for animals from welfare organizations and thereby reduce the number of homeless animals and animal control costs. àß­Mmn z„dnxYxbf Žnvv xz‡ Ykkfb‡ Y bzx ˆwf„¯ Yanvn‡ ‡z za‡Ynx Y dzl z„ bY‡ zk ‡mfn„ bmznbf dn„fb‡v from a breeder, a breed-specific rescue, animal shelter, or animal rescue organization where the consumer can see the conditions in which the animals are bred and reared and can confer directly with the breeder concerning those conditions. Financial Impact -The city will not incur any additional cost if this ordinance is approved. The long term financial impact will likely reduce costs to the public and/or City for sheltering animals and will find more homes for pets already in our shelters. Motion See script from City Clerk. Attachments: 1. 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage|4 Ammon City Council 01.05.2023Page 139 of 161 ORDINANCE NO. 696 CITY OF AMMON ANORDINANCEOFTHECITYOFAMMON,IDAHO, PROHIBITINGTHESALEOFDOGSANDCATSINRETAIL STORES;PROHIBITINGTHESALEOFANIMALSINPUBLIC PLACES;AMENDINGEXISTINGANIMALREGULATIONS; PROVIDINGFORSEVERABILITYCLAUSE;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,IdahoCode50-302authorizestheCityCounciltoadoptordinancestomaintainthe peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS,IdahoCode50-319authorizestheCityCounciltoregulatetherunningatlargeof domesticatedanimalsandappropriatelyestablishpenaltiesforallowingdomesticatedanimalstorunat large; and WHEREAS,IdahoCodeTitle25establishesregulationsrelatedtothekeepingofanimals, including dogs and other domestic animals; and WHEREAS,theCityofAmmonissubjecttothelawsandconstitutionoftheStateofIdahoand hasdulyadoptedregulationstosupplementthoselawsforthesafety,health,andwelfareoftheresidents of the City of Ammon ; and WHEREAS,theCityCouncilintendstoprohibitthecommercialsaleofdogsandcatstoprevent to promulgation of animals that are bred in facilities that are injurious to the health of the animal; and WHEREAS,existingreputabledogandcatbreedersareknowntoadequatelysupplythecurrent demand for these domestic animals; and WHEREAS,theAmmonCityCouncilfindsthatthesaleofdogsorcatsinpetstoresorsoldor offeredforsaleinpublicplacesintheCityofAmmonisinconsistentwiththeCity’sgoaltobea community that promotes animal welfare; and WHEREAS,theCityCouncildesirestoadoptreasonableregulationstoprotectmembersofthe community,preventinhumaneconditionsortreatmentofanimals,andtofosteramorehealthyand humane environment in the City of Ammon. NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDCOUNCILOFTHECITYOF AMMON: Ammon City Council 01.05.2023Page 140 of 161 Section1.Section5-3-18oftheCodifiedOrdinancesoftheCityofAmmonisrepealedinits entirety and replaced with the following language: 5-3-18 SALE OF DOGS AND CATS IN RETAIL STORES, PROHIBITED: (A)Itshallbeunlawfulforanypersontodisplay,offerforsale,deliver,barter,auction,give away,transfer,orsellanylivedogorcatofanyageinaretailbusinessorothercommercial establishmentlocatedintheCityofAmmon,exceptfordogsandcatsobtainedfromananimal shelter,humanesociety,ornon-profitanimalrescueorganizationthatdoesnotbreeddogsorcats, orobtaindogsorcatsfromapersonwhobreedsorresellssuchanimalsforpaymentor compensations. (B)Allestablishmentslawfullyselling,orboardingforthepurposeofeventualsale,dogsor catsshallmaintainacertificateofsourceforeachoftheanimalsandmakeitavailableupon requesttoenforcementofficers,lawenforcement,oranyotherCityemployeechargedwith enforcing the provisions of this section. (C)ThisSectionshallnotapplytothesaleofdogsorcatsfromthepremisesonwhichthey were bred and reared. Any violation of this section shall be deemed a misdemeanor. Section2.Section5-3-19oftheCodifiedOrdinancesoftheCityofAmmonisadoptedwiththe following language: 5-3-19 SALE OF ANIMALS IN PUBLIC PLACES, PROHIBITED: (A)Itshallbeunlawfulforanypersontodisplay,offerforsale,deliver,barter,auction,give away,transfer,sellorotherwisetransferownershipofanyanimaltoanotheruponastreet, sidewalk,publicpark,publicright-of-way,orotherpublicplace.Thetermpublicplaceshall include,butisnotlimitedto,parks,streets,alleys,highways,sidewalks,parkinglots,areas exterior to shops or businesses, carnivals, or other public rights-of-way within the City. (B)Theprohibitionsofthissectionshallnotapplywhenthetransferofownershipis conductedbyanenforcementofficer,lawenforcement,oranyotherCityemployeechargedwith enforcing the provisions of this section, animal shelter or a non-profit animal rescue organization. (C)ThisSectionshallnotapplytothesaleofdogsorcatsfromthepremisesonwhichthey were bred and reared. Any violation of this section shall be deemed a misdemeanor. Definitions.Forthepurposesofthissection,thefollowingwordsshallhavethefollowing meanings: AnimalRescueOrganization-Anon-profitcorporationthatisexemptfromtaxationunder Section501(c)(3)oftheInternalRevenueCodeandwhichparticipatesinearlyagespay/neuterof animals;complieswithStateandlocallawsregardingthehumanetreatmentofanimals;and 2 Ammon City Council 01.05.2023Page 141 of 161 whosemissionandpracticeis,inwholeorinsignificantpart,therescueandplacementof animalsinpermanenthomes;oranynon-profitorganizationthatisnotexemptfromtaxation underInternalRevenueCodesection501(c)(3)butiscurrentlyanactiverescuepartnerwitha CityorCountyanimalshelterorhumanesociety,whosemissionis,inwholeorinsignificant part,therescueandplacementofdogsandcats.“AnimalRescueOrganization''shallnotinclude anyentitythatbreedsanimalsorthatislocatedonthesamepremisesas;hasanypersonnelin commonwith;obtains,inexchangeforpaymentsoranyotherformofcompensation,dogsorcats from; or facilitates the sale of dogs or cats obtained from —a person that breeds animals. AnimalShelter-Anyfacilityownedoroperatedbyagovernmentalentityoranyanimalwelfare organizationwhichisincorporatedwithinthestateofIdahoforthepurposeofpreventingcruelty toanimalsandusedforthecareandcustodyofseized,stray,homeless,quarantined,or abandoned dogs, cats or other small domestic animals. PetStore-Aretailstorewhereanimalsarekept,sold,orofferedforsaleonthepremises.This termshallincludeanyowneroroperatorofthebusiness.Ananimalrescueorganizationoranimal shelter, as defined in this section, shall not be considered a pet store. CertificateofSource-Anydocumentfromthesourcecityorcountyanimalshelter,humane society,ornon-profitanimalrescueorganizationdeclaringthesourceofthedogorcatonthe premises of the pet store, retail business, or other commercial establishment. Section3.Section5-3-20oftheCodifiedOrdinancesoftheCityofAmmonisadoptedwiththe following language: 5-3-20: PENALTY: (A)INFRACTION:Anyviolationoftheprovisionsofthischapterdeemedtobeaninfraction shallbesubjecttopenaltiesprescribedforsuchviolationsundersection1-4-2ofthiscode, subjecttotheprovisionsofIdahoCode18-111.Eachdayoftheviolationshallbeconsidereda separateoffenseandshallbepunishablebyseparatefinesandimprisonmentasprovidedfor herein. (B)MISDEMEANOR:Anyviolationoftheprovisionsofthischapterdeemedtobea misdemeanorshallbesubjecttopenaltiesprescribedforsuchviolationsundersection1-4-1of thiscode,subjecttotheprovisionsofIdahoCode18-111andshall,uponconviction,bepunished in accordance with section 25-3520A, Idaho Code. Section4:REPEALERCLAUSE.AllCityofAmmonOrdinancesorpartsthereofwhichareinconflict herewith are hereby repealed. Section5:SEVERABILITYCLAUSE.Itisherebydeclaredtobethelegislativeintentthattheprovisions andpartsofthisOrdinanceshallbeseverable.Ifanyparagraph,part,section,subsection,sentence,clause orphraseofthisOrdinanceisforanyreasonheldtobeinvalidforanyreasonbyaCourtofcompetent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Section6:PUBLICATION.ThisOrdinance,orasummarythereofincompliancewithSection50-901A, IdahoCode,shallbepublishedonceintheofficialnewspaperoftheCity,andshalltakeeffect immediately upon its passage, approval, and publication. 3 Ammon City Council 01.05.2023Page 142 of 161 Section7:EFFECTIVEDATE.ThisOrdinanceshallbeinfullforceandeffectafteritspassage,approval and publication according to law. PASSEDbytheCITYCOUNCILandAPPROVEDbytheMAYORofAmmon,Idahoonthis5dayof January, 2023. ThisordinanceentitledOrdinanceNo.696shallbeeffectiveuponitspassageandpublicationasprovided by law. EnactedbytheCityCouncilasOrdinanceNo.696anordinanceoftheCityofAmmononthe5dayof January, 2023. CITY OF AMMON __________________________ Sean Coletti, Mayor ATTEST: ______________________ Kristina Buchan, City Clerk 4 Ammon City Council 01.05.2023Page 143 of 161 STATE OF IDAHO) ) ss. County of Bonneville) I,KRISTINABUCHAN,CITYCLERKOFTHECITYOFAMMON,IDAHODOHEREBYCERTIFY; That the above and foregoing is a full, true and correct copy of the Ordinance entitled, ORDINANCE NO. 696 CITY OF AMMON ANORDINANCEOFTHECITYOFAMMON,IDAHO, PROHIBITINGTHESALEOFDOGSANDCATSINRETAIL STORES;PROHIBITINGTHESALEOFANIMALSINPUBLIC PLACES;AMENDINGEXISTINGANIMALREGULATIONS; PROVIDINGFORSEVERABILITYCLAUSE;AND PROVIDING AN EFFECTIVE DATE. DATED this 5 day of January, 2023 ________________________________ Kristina Buchan, City Clerk 5 Ammon City Council 01.05.2023Page 144 of 161 SUMMARY OF ORDINANCE NO. 696 CITY OF AMMON ANORDINANCEOFTHECITYOFAMMON,IDAHO, PROHIBITINGTHESALEOFDOGSANDCATSINRETAIL STORES;PROHIBITINGTHESALEOFANIMALSINPUBLIC PLACES;AMENDINGEXISTINGANIMALREGULATIONS; PROVIDINGFORSEVERABILITYCLAUSE;AND PROVIDING AN EFFECTIVE DATE. ThefulltextofthisSummarizedOrdinanceNo.696,isavailableattheCityClerk’sOffice, Ammon City Office, 2135 S Ammon Road, Ammon, Idaho. ATTEST:CITY OF AMMON _________________________________________________________________ Kristina Buchan, City ClerkSean Coletti, Mayor Ihavereviewedtheforegoingsummaryandbelievethatitprovidesatrueandcompletesummary ofCorrectedOrdinance#696andthatthesummaryprovidesadequatenoticetothepublicofthecontents of this ordinance. DATED this 5 Day of January, 2023 ________________________________ Scott Hall, City Attorney 6 Ammon City Council 01.05.2023Page 145 of 161 Ammon City Council 01.05.2023Page 146 of 161 Ammon City Council January 5, 2023 Mayor Coletti and City Councilmembers: Request from Eagle Rock Sanitation to Increase Commercial Sanitation Rates by 3.5% Staff Presenting: Micah Austin, City Administrator Recommendation -Consider the request from Eagle Rock Sanitation (ERS), represented by owner Kim Galloway, and direct staff accordingly. Summary of Analysis 1.Prior to March 1, 2019, the City of Ammon provided commercial sanitation services for all businesses within the City of Ammon. During the summer and fall of 2018, it was suspected that private sanitation companies could provide the same services for a lower rate. This prompted the City Council to issue an RFP to private sanitation companies to obtain the franchise agreement for all commercial sanitation services within the City of Ammon. 2.On February 7, 2019, after a competitive public process (RFP) that spanned several months and multiple reviews, the Ammon City Council awarded Eagle Rock Sanitation (ERS) the franchise agreement for all commercial sanitation services within the City of Ammon. 3.The franchise agreement, officially titled the Commercial Solid Waste Collection Services Agreement, took effect on March 1, 2019. 4.The agreement has been successful, both for the City of Ammon and for Eagle Rock Sanitation. The franchise agreement has been beneficial for commercial customers within the City of Ammon because ERS has been able to provide the service cheaper than was previously provided by the City of Ammon. 5.According to the agreement, commercial sanitation rates were established with the agreement and any changes would have to be approved by the City Council. 6.Section 12 of the agreement further states that ERS is not allowed to raise their rates for a period of five years. This means that rates cannot be raised until March 1, 2024. 7.On December 27, 2022, owner Kim Galloway from Eagle Rock Sanitation, called the City of Ammon and requested consideration for a 3.5% increase to sanitation rates. According to Mr. Galloway, the increase is to cover the rise in diesel fuel. 8.A letter from Mr. Galloway is attached to this staff report, explaining the request for a 3.5% increase. Mr. Galloway stated in his letter: °! ff„zxf n „zaYav YŽY„f zk Y‡ ‡mn ‡nwf dnf fv kˆfv „nbf mYf „n fx­ 6 think at the time we started this contact for solid waste collection diesel fuel was about $3.00 per gallon now it is $5.00 per gallon. Diesel is one of our major expenses and it pains us to ask for a fuel surcharge on our base prices, but we must at this time as all of our other expenses have also increased such as parts, mechanical repairs, tires, labor, cost of new equipment etc. all increased because of inflation that was not anticipated as well. We humbly ask 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage|1 Ammon City Council 01.05.2023Page 147 of 161 council for a 3.5% fuel surcharge to help cover additional costs of the fuel we buy to service this contract; we will also retract this if fuel returns to the $3.00 to $3.50 level. The 3.5% would net us about $1000.00 per month to cover the kˆfv­ MmYxu zˆ kz„ zˆ„ bzx ndf„Y‡nzx­± 9.If the City Council is inclined to approve the rate increase, the original contract language must be Ydd„f fd­ L‡Ykk n „fbzwwfxdnxl ‡mf *n‡ *zˆxbnv Ydz‡ Y °vf‡‡f„ Yddfxdˆw± ‡z ‡mf agreement, rather than amending the original agreement. 10.If the City Council is not inclined to approve the request from ERS, then the City Council can vote on the matter and consider it closed. Financial Impact -There is no direct fiscal impact to the City of Ammon. If the rate increase is approved, there would be a fiscal impact to the commercial businesses in Ammon that utilize the services provided by Eagle Rock Sanitation. -According to the agreement, ERS is required to pay the City of Ammon an Enterprise Utility Fee of $20,000 or 8% of gross sales on an annual basis. To date, ERS has paid the City of Ammon $76,597.47 for 3.5 years of the franchise agreement. This averages to $21,885 per year. Motion °6 wzf ‡z Y„zf ‡mf „fƒˆf ‡fd „Y‡f nxb„fY f ‡z ‡mf bzwwf„bnYv Yxn‡Y‡nzx „Y‡f ª Y Ydwnxn ‡f„fd a .Ylvf Kzbu LYxn‡Y‡nzx ‡m„zˆlm zˆ„ àÞßç Yl„ffwfx‡­± Attachments: 1.Letter from owner Kim Galloway of Eagle Rock Sanitation. 2.2019 Commercial Solid Waste Collection Services Agreement 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage|2 Ammon City Council 01.05.2023Page 148 of 161 cing"Tqem"Ucpkvcvkqp PO Box 50405 Idaho Falls, ID 83405 Billing: 208-569-7358Phone: 208-529-5566Fax:208-523-5269E-Mail: EagleRockSan@aol.com __________________________________________________________________________________________________________________________________________ As everyone is probably aware of at this time diesel fuel prices have risen. I think at the time we started this contact for solid waste collection diesel fuel was about $3.00 per gallon now it is $5.00 per gallon. Diesel is one of our major expenses and it pains us to ask for a fuel surcharge on our base prices, but we must at this time as all of our other expenses have also increased such as parts, mechanical repairs, tires, labor, cost of new equipment etc. all increased because of inflation that was not anticipated as well. We humbly ask council for a 3.5% fuel surcharge to help cover additional costs of the fuel we buy to service this contract; we will also retract this if fuel returns to the $3.00 to $3.50 level. The 3.5% would net us about $1000.00 per month to cover the fuel. Thank you for your consideration. Ammon City Council 01.05.2023Page 149 of 161 COMMERCIAL SOLID WASTE COLLECTION SERVICES AGREEMENT THIS AGREEMENT, made this 7 day of February, 2019, by and between City of Ammon, a municipal corporation of the State of Idaho, hereinafter referred to as “City” and Eagle Rock Sanitation, Inc., hereinafter referred to as “ERS”. WHEREAS, City operates a commercial solid waste collection services within its City boundaries for various businesses who produce commercial solid waste, and WHEREAS, City, on or about October 16, 2018, issued a Request for Proposal for commercial solid waste collection services, and WHEREAS, City desires to have commercial solid waste collection services performed by an entity other than City, and WHEREAS, ERS submitted a proposal in response to the Request for Proposal for commercial solid waste collection services, and WHEREAS, City has selected ERS as the respondent to the Request for Proposal for commercial solid waste collection services which best fits the needs of the City and of the businesses producing commercial solid waste, NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties do hereby agree as follows: 1.Definitions. Commercial solid wasteas used in this agreementshall be referred to as vegetable matter, rubbish, trash, debris, cold ashes, and other waste material generated in the normal course of commercial businesses within City. Construction Waste or Hazardous Wasteis not includedin the definition of Commercial solid waste. Construction waste or hazardous waste includes demolition materials, concrete, rock, fencing material, hazardous waste, or containers containing potential hazardous materials. ERS becomes aware of any hazardous waste or containers containing potential hazardous materials, they shall immediately notify law enforcement within the City. Commercial Collection or Commercial Customersincludeall businesses, institutions and industrial operators, except for any business that is operated at a residential property. Collections carts, bins, drop boxes, containers,etc., will be provided by ERS which shall be stored in customers’ solid waste enclosures or other locations as requested by commercial customers within the City. 2.Term. 1.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT Ammon City Council 01.05.2023Page 150 of 161 1.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT st The term of this agreement shall be for a period of ten (10) years, commencing on the 1 day of March, 2019 and ending on the 31 day of March, 2029,based upon satisfactory performance by ERS to the City. During said ten (10) years, the City of Ammon will not negotiate with other commercial solid waste disposal companies. ERS does further acknowledge that other companies currently collect commercial solid waste within the City. 3.Current Approximate System. As outlined in the request for proposal, the current commercial solid waste collections system includes approximately two hundred forty-four (244) commercial accounts. Said accounts include front load and rear load disposal systems, including three-yard commercial trash carts, three-yard dumpsters, four-yard dumpsters, five-yard dumpsters, eight-yard dumpsters, and six-yard dumpsters. Existing commercial accounts at the time of execution of this contract are considered grand-fathered to whomever contracts with said business at this time. This does not preclude these parties from switching to ERS. 4.Future Commercial Collection Services. ERS shall have the right to solicit and seek continued collection and future collection of commercial collection services for solid waste within the Ammon City limits, from businesses creating commercial solid waste within the City of Ammon, from time to time, as the same occurs. Notwithstanding paragraph numbered 3 above, it is agreed and understood that businesses generating commercial solid waste shall not be required to use services of ERS, however, they are prohibited from contracting with other parties for solid waste disposal. 5.Minimum Level of Service. ERS shall conduct all commercial solid waste collection services, including bulky waste collection, or commercial/demolition dumpster services, in compliance with all ordinances and regulations adopted or made by City pursuant to the collection, hauling and disposal of solid waste within the limits of the City, or regarding the use of roads thereof, including all labor and the providing and maintenance of sufficient number of vehicles and other equipment required for the prompt and effective collection and removal of commercial solid waste accumulated within the of the City of Ammon, and shall do so in a manner as to not create litter. Additionally, ERS shall comply with all rules and regulations and ordinances of Bonneville County or the State of Idaho. 6.Intent. The parties hereby acknowledge that ERS is an independent company of and not a part of the City. It is the intent of the parties and it is hereby acknowledged that ERS is an independent contractor, and a separate business from the City, and ERS shall operate the system exclusive of the City, only being bound to requirements of this contract. It is the intent of the City only to assure that the ordinances of the City are complied with by ERS and that ERS conducts its business in a manner which protects the health, safety and welfare of the citizens of City and the City. 2.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT Ammon City Council 01.05.2023Page 151 of 161 2.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT 7.Modification. City and ERS agree that this contract may only be modified by written agreement signed by both parties. 8.Scope. ERS agrees to provide all commercial solid waste disposal, including delivery of all solid waste collection and disposal, including collection from the point of origin with various businesses within the City of Ammon, through delivery of the same to the Bonneville County solid waste collection system. ERS will use existing containers for their useful life and shall provide new containers when necessary, including all labor, materials and equipment needed to fully service all designated units/containers. 9.Insurance. ERS will indemnify and save harmless City its officers and employees from or against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees arising out of willful or negligent acts or omissions of ERS in the performance of this agreement. The parties expressly agree that City will not be responsible for the negligence of ERS or any of its agents, employees or customers. ERS shall provide and maintain insurance during the entire term of this agreement, including liability and workers’ compensation insurance covering ERS employees, trucks, and their vehicles, owned and operated by ERS in collection of commercial solid waste under this agreement. ERS shall maintain general liability policy naming the City of Ammon as an additional insured in the amount of two million dollars ($2,000,000.00) for damage to persons or property which may arise from or in conjunction with the performance of the work performed by ERS, its agents, representatives, employees, or sub-contractors. The cost of such insurance shall be bourne exclusively by ERS and, certificates of insurance evidencing that such insurance has been procured and bound and is in full force and effect, shall be provided to the City before the commencement of work and annually, and maintained during the entirety of said agreement. 10.Certificate of Deposit. At the time of execution of this agreement, but not later than ten (10) days hereafter, ERS shall execute and deliver to City a Certificate of Deposit in the amount of $50,000 to be held in escrow until the termination date of this agreement. 11.Termination. Either party may terminate this agreement without cause by giving one hundred eighty (180) days notice. If City terminates this agreement, City will purchase the necessary equipment from ERS, which is required to service the commercial solid waste system within the City, which will include rolling stock container and/or carts for the purchase of the same at eighty-five percent (85%) of historical purchase prices, as evidenced by legal records, less ten (10) year straight line depreciation or fair market value, whichever is less. 3.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT Ammon City Council 01.05.2023Page 152 of 161 3.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT If ERS terminates the agreement, ERS will provide the City with containers and carts plus an additional twenty-five percent (25%) that were used to service customers within the City limits. ERS will also provide City at no charge with the equivalent number, size, capacity, quality and quantity of equipment that would have been originally purchased under this agreement. 12.Escalation Clause for Billing Services. Charges for collection services within the City of Ammon for commercial solid waste collection services performed under this agreement for the first year of the agreementare shown in Exhibit A to this agreement. Said ratesshownin Exhibit Ashall not increase in the first five (5) years of this agreement. Rates may be increased only after ERS has received approval for a rate increase from the City Council at a regular session of the Ammon City Council and the same shall not exceed more than five percent (5%) in any one year above the previous year. 13.Holiday Service. ERS may decide to observe any, all, or none of the Federal Holidays in any particular year by suspension of collection services on the holiday and catch-up collection services on the day following holidays. Make-up days may be the prior or next business day proceeding or following holidays. 14.Billing. ERS will provide billing services directly to all commercial solid waste disposal customers. ERS is responsible for all aspects of billing, collection, together with all benefits and liabilities associated therewith. 15.Customer Service. ERS shall maintain sufficient staff and customer service relations to maintain a professional and courteous demeanor with customers. ERS is required to operate a customer service call center that will serve as a primary telephone point or contact and information for all services. The customer service call center hotline is required to be staffed with a live person (non-automated service), during regular business hours, Monday through Friday from 8:00 a.m. to 5:00 p.m. 16.Assets Deemed Surplus by City and Which are Purchasedby ERS. The following assets constitute the commercial service sanitation assets of the City of Ammon which have been declared surplus by the City Council, and which the parties agree, are hereby purchased by ERS for total cost of$356,250.Said assets are purchased by ERS without warranty of merchantability,warranty of fitness fora particular purpose or any other implied or expressed warranty whatsoever. All such assetsare taken“whereas”and“as is”. Said items include and are valued and purchased as follows: Twenty-Eight (28) four-yard front load dumpsters - total value $___________621.00each Fourteen (14) six-yard front load dumpsters - total value $________________721.00each Eight (8) eight-yard front load dumpsters - total value$__________________821.00each Six (6) six-yard cardboard recyclers - total value $______________________700.00each 4.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT Ammon City Council 01.05.2023Page 153 of 161 4.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT Two Hundred Thirty (230) three-eight yard rear load dumpsters - total value $100.00each One (1) 2004 Sanitation Truck Peterbuilt McNeilus forty-yard front load - total value $80,000.00 One (1) 2010 Sanitation Truck-Crane Carrier/Lavrie front load - total value $125,000.00_______ One (1) 2013 Sanitation Truck Freightliner/Cobra rear load - total value $_70,000.00__________ One (1) 2007 Sanitation Truck GMC rear load - total value $_20,000.000___________________ 17.Enterprise Utility Fee. As further consideration for this agreement and acknowledging the wear and tear upon City streets and other public infrastructure, ERS shall pay to the City of Ammon as an enterprise utility fee, the greater of the amount of eight percent (8%) gross billed revenues or a minimum revenue guarantee fee of $20,000.00,on an annualbasis. The same shall be paid upon the conclusion of each one-year period and shall be paid during each of the ten (10) years of this agreement. The enterprise utility fee shall be remitted at least quarterly from ERS to the City with annual adjustments at the conclusion of each year. The enterprise utility fee is paid in addition to the initial agreement cost relating to the purchase of equipment and assets. ERS agrees to maintain records adequate for the performance and annual audit by the City, where the City’s designated agent to determine the accuracy of said enterprise utility fee. Such books and records shall be made available at any time during business hours for inspection by City at City’s expense upon reasonable advance notice. 18.Default. If City determines that ERS has, by its actions or omissions, materially breached or otherwise materially failed to perform any obligation or duty under this agreement, City may advise ERS in writing of any suspected deficiencies, specifying the deficiency in a reasonable manner. City shall issue a written notification of deficiency or a notice of breach. Unless the circumstance necessitate response within a shorter period of time, ERS shall respond within seven (7) business days and shall cure any such deficiency within said seven (7) days from receipt by ERS of such written notice. If, however, by the nature of the failure, it cannot be cured within seven (7) days, ERS shall immediately negotiate with the City for a cure of the failure. 19.Assignability. This Commercial Solid Waste Collection Services Agreement shall not be assigned or transferred to any other person, entity, business, corporation, etc., without the express written approval of the City. The determination of assignment is within the sole discretion of the City. 20.Notice. As used in this Agreement, notice includes but is not limited to the communication of notice, request, approval, statement, report, consent, waiver and appointment. Except when actual receipt is expressly required by the terms hereof, notice is considered given either (a) when delivered in person to the recipient named as below, or (b) three (3) days after deposit in the United States mail in a sealed envelope or container, either registered or certified mail, return 5.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT Ammon City Council 01.05.2023Page 154 of 161 5.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT receipt requested, postage and postal charges prepaid, addressed by name and address to the party or person intended as follows: City of Ammon:Mayor of the City of Ammon 2135 S. Ammon Rd. Ammon, ID 83406 _________________________ Eagle Rock Sanitation, Inc.:_________________________ ____________________ _________________________ 21.Attorneys’ Fees. In the event there is a default under this Agreement and it becomes reasonably necessary for either party to employ or use the services of an attorney in connection therewith, either with or without litigation, the losing party to the controversy arising out of the default shall pay to the successful party a reasonable attorneys’ fee and, in addition, such costs and expenses as are incurred in enforcing or in terminating this Agreement. 22.Entire Agreement; Modifications. This Agreement embodies and constitutes the entire understanding between the parties with respect to this Commercial Solid Waste collection Services Agreement, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by the party against which the enforcement is sought. 23.Titles and Captions. All sections or captions in this Agreement are for convenience only. They shall not be deemed part of this Agreement and shall in no way define, limit, extend or describe the scope or intent of any provisions hereof. 24.Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Idaho with jurisdiction in District Court in Bonneville County, Idaho. 25.Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 26.Authorization and Representations. Each individual executing this document does represent and warrant to the other that they have been duly authorized to execute and deliver this Commercial Solid Waste collection Services 6.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT Ammon City Council 01.05.2023Page 155 of 161 6.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT Agreement in the capacity and for the entity set forth above his signature. IN WITNESS HEREOF the parties have executed this document this ____ day of ______________, 2019. Eagle Rock Sanitation, Inc. ___________________________________ By: Its: ___________________________________ ______________________________ Mayor, City of AmmonAttest: Ammon City Clerk 7.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT Ammon City Council 01.05.2023Page 156 of 161 7.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT STATE OF IDAHO) : ss. County of Bonneville) On this ______ day of ___________, 2019 before me the undersigned, a Notary Public for Idaho, personally appeared __________________, known to me to be the ___________________ of Eagle Rock Sanitation, Inc.,that he/she executed the instrument or the person who executed the instrument on behalf of said Eagle Rock Sanitation, Inc., and acknowledged to me that EagleRock Sanitation, Inc.executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ________________________________________ Notary Public for the State of Idaho Residing at: My Commission Expires: STATE OF IDAHO) :ss. County of Bonneville) On this ___ day of ______________ , before me, a Notary Public for the State of Idaho, personally appeared Sean Coletti, known or identified to me to be the Mayor of the City of Ammon, that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ________________________________________ Notary Public for the State of Idaho Residing at: My Commission Expires: L:\\legal\\srh\\0011 City of Ammon\\COMMERCIAL SOLID WASTE COLLECTION SERVICES AGREEMENT.1.2.19.wpd 8.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT Ammon City Council 01.05.2023Page 157 of 161 8.COMMERCIAL SOLID WASTE COLLECTION AGREEMENT Ammon City Council 01.05.2023Page 158 of 161 Ammon City Council 01.05.2023Page 159 of 161 Ammon City Council 01.05.2023Page 160 of 161 Ammon City Council 01.05.2023Page 161 of 161