11.16.2023 City Council Packet
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AMMON CITY COUNCIL MEETING
THURSDAY, NOVEMBER 09, 2023 4:30 P.M.
2135 SOUTH AMMON ROAD
AGENDA
CALL TO ORDER:
Mayor Sean Coletti at 4:30 p.m.
DISCUSSION ITEMS:
1. Title X Amendments
2. TAP Grant
3. Grant Opportunities
4. Miscellaneous
EXECUTIVE SESSION:
1. Pursuant to Idaho Code 74-206(f): To communicate with legal counsel for the public agency to
discuss the legal ramifications of and legal options for pending litigation, or controversies not yet
being litigated but imminently likely to be litigated.
ADJOURN
MINUTES
City Officials Present: City Officials Absent:
Mayor Sean Coletti City Administrator Micah Austin
Council President Russell Slack City Engineer Tracy Bono
Councilmember Heidi Boyle City Planner Cindy Donovan
Councilmember George Vander Meer City Clerk Kristina Buchan
Councilmember Rex Thompson
Councilmember Scott Wessel
Councilmember Craig Tibbitts
City Attorney Scott Hall
CALL TO ORDER:
Mayor Sean Coletti called the meeting to order at 4:30 p.m.
DISCUSSION ITEMS:
1.Title X Amendments
Heather McBride reviewed each of the changes being proposed. Council discussed each area
and gave guidance for further review.
- Title 11 Chapter 1 Annexation Procedures
o Add an annexation application submittal requirement to submit a map that meets
the Idaho State Tax Commission guidelines
Ammon City Council Regular Meeting 11.09.2023 Page 1 of 3
Ammon City Council 11.16.2023Page 10 of 45
- Title 10 Chapter 5 Supplementary Regulations
o Sight triangle for alleys, drive aisle, and driveways at 15 feet
o Update the sight triangle to consider other factors (road classification, speed,
etc.)
- Chapter 7 Special Provisions
o Increased setbacks for detached accessory buildings over a certain height and/or
containing living space
P&Z Commission recommended looking into a sliding scale/ratio and
only basing it on height not living space
- Chapter 27 Zoning Overlays
o Remove Conditional Use Permits as an overlay, CUPs are addressed in 10-9-8:
POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT
- Chapter 29 Subdivision Regulations
o Second driveway access for two combined lots with minimum lot frontage and
spacing
o Dark Sky require street lights, lighting ordinance with zones, leave as is?
P&Z Commission recommended looking into requirements with three
zones - center city, neighborhood, and foothills
- Chapter 39 RS Zone
o Intent of the zone for infill projects (definition of infill, other types of projects?)
P&Z Commission does not want to discourage the use of this zone
- Chapter 41 PSC Zone
o City Park Dedication requirements
o Medium density park definition?
P&Z Commission wanted visual examples of small park acreage to better
understand what 4.5 acres/1,000 residents would look like in medium/high
density projects
2.TAP Grant
City Administrator Austin reviewed the current grant from TAP and noted that an updated
contract will return to Council at next meeting for final approval and review
3.Grant Opportunities
City Administrator Austin and City Engineer Bono reviewed opportunities for additional grants to
st
finalize construction of the pathway on 21 St that would further extend connectivity
throughout the community. Council was in favor of the application and asked Staff to continue
to seek out other grant opportunities.
4.Miscellaneous
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Ammon City Council 11.16.2023Page 11 of 45
EXECUTIVE SESSION:
1. Pursuant to Idaho Code 74-206(f): To communicate with legal counsel for the public agency to
discuss the legal ramifications of and legal options for pending litigation, or controversies not yet
being litigated but imminently likely to be litigated.
It was moved by Council Member Slack and seconded by Council Member Vander to enter into
Executive Session Pursuant to Idaho Code 74-206(f): To communicate with legal counsel for the
public agency to discuss the legal ramifications of and legal options for pending litigation, or
controversies not yet being litigated but imminently likely to be litigated.
ĻƭƭĻƌͲ ǤĻƭͳ ğƓķĻƩ aĻĻƩͲ ǤĻƭͳ ŷƚƒƦƭƚƓͲ ǤĻƭͳ {ƌğĭƉͲ ǤĻƭͳ .ƚǤƌĻͲ ǤĻƭͳ źĬĬźƷƷƭͲ ǤĻƭ͵ aƚƷźƚƓ ƦğƭƭĻƭ
ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ
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ADJOURN
The meeting adjourned at 7:09pm
______________________________
Sean Coletti, Mayor
_____________________________
Kristina Buchan, City Clerk
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STATE/LOCAL AGREEMENT
(DESIGN AND CONSTRUCTION)
PROJECT NO. A023(914)
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49 STREET COMMUNITY TRAIL PROJECT
KEY NO. 23914
PARTIES
THIS AGREEMENT is made and entered into this _________day of
____________________, _______, by and between the IDAHO TRANSPORTATION
DEPARTMENT, hereafter called the State and the CITY OF AMMON, acting by and through
its MAYOR AND COUNCIL, hereafter called the Sponsor.
PURPOSE
The Sponsor has requested funding under the Transportation Alternatives (TAP) Program
as detailed in the project Application, a copy of which is attached as Exhibit A. The purpose of
this Agreement is to set out the terms and conditions necessary to obtain Federal-aid participation
in the work.
The Sponsor acknowledges that this Agreement covers a project wherein federal aid funds
will be allocated, and Sponsor will comply with the requirements of 23 U.S.C. §313, 23 CFR
§635.410, and 28 CFR Part II.
NOTE: The Sponsor is responsible for complying with all project requirements and project
administration procedures outlined in the Transportation Alternatives Program Manual
available at http://apps.itd.idaho.gov/apps/manuals/manualsonline.html .
Since certain functions under this Agreement are to be performed by the State, involving
the expenditure of funds, and since the State can only pay for work associated with the State
Highway System, the Sponsor is fully responsible for all costs related to the project for work off
the State Highway System.
Authority for this Agreement is established by Section 40-317 of the Idaho Code.
The Parties agree as follows:
SECTION I. GENERAL
1. This Agreement is entered into for the purpose of complying with certain provisions
of the Federal-Aid Highway Act, in obtaining federal participation in the design
and construction of the project.
TAP State/Local Agreement
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49 Street Community Trail Project
Key No. 23914
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Ammon City Council 11.16.2023Page 14 of 45
2. Federal participation in the costs of the project will be governed by the applicable
sections of Title 23 U.S. Code (Highways) and rules and regulations prescribed or
promulgated by the Federal Highway Administration, including, but not limited to,
the requirements of 23 U.S.C. §313, 23 CFR §635.410, and 28 CFR Part II.
3. Funds owed by the Sponsor shall be remitted to the State through the ITD payment
portal at: https://apps.itd.idaho.gov/PayITD .
4. Federal participation in the project is at the rate of 92.66%; local participation is
7.34%.
5. Scheduled funding for this project is listed on the approved Idaho Transportation
Investment Program, and subsequent revisions. Current estimated funding is as
follows:
a. Project Development (State, Consultant, Local) - $55,000
b.Construction - $283,000
c. Total Estimated Project Costs - $348,000
6. The Sponsor Ós match for this project will be provided in cash in the amount of 7.34
percent of the entire project (currently estimated at $25,543).
7. This project shall be designed to State Standards as defined in the current version
of the Idaho Transportation DepartmentÓs Roadway Design Manual, or as
subsequently revised. The current version of the Roadway Design Manual can be
viewed at the following website: http://itd.idaho.gov/manuals/ManualsOnline.htm.
SECTION II. That the Sponsor shall:
1. Provide a funding match of 7.34% of the Total Estimated Project Costs of $348,000
and assume responsibility for all costs of the project over and above the federal-aid
limit noted in Section I, Paragraph 4 above.
2. Pay to the State the sum of FIFTEEN THOUSAND DOLLARS ($15,000),
estimated to be the total expense to the State for this project. This amount will be
applied towards the SponsorÓs match. Upon project completion, if the estimated
expense does not reflect the true cost of the work performed by the State, the
Sponsor shall remit to the State the additional sum needed to cover the actual costs
incurred by the State.
3. Designate an authorized representative to act on the SponsorÓs behalf. That
authorized representativeÓs name is ___________________________________,
Phone No. ___________________.
TAP State/Local Agreement
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49 Street Community Trail Project
Key No. 23914
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4. With the assistance of the State, secure the services of a consultant to design the
project, and provide a copy of the project plans, specifications and estimate to the
State for review and approval.
5. Before advertisement for bids, provide to the State a certification that all rights-of-
way, easements, permits, materials sources, and agreements necessary for the
construction and maintenance of the project have been acquired. The Sponsor will
also certify that the contract proposal includes FHWA Form 1273 (Federal-aid
Contract Provisions), and will provide an environmental determination in
accordance with 23CFR 771.117.
6. Before advertisement for bids, provide to the State for review and approval a copy
of the Contract Proposal form, Notice to Contractors, and construction plans,
specifications and estimate. After the project is advertised for bids, provide the
State with a copy of the bidding documents.
7. Advertise for the construction of the project, open bids, prepare a contract estimate
of cost based on the successful low bid in accordance with State laws on
procurement procedures for local governments, and request State concurrence prior
to award.
8. Award a contract for construction of the project based on the successful low bid,
and provide the State a copy of the contract.
9. During construction of the project, Sponsor will hire an engineering consultant for
construction administration and project inspection ,. The individuals who will be
performing inspection or certifying the sampling and testing results of any materials
must be qualified in the appropriate inspector/sampler/tester area as identified in
Memo 17B in the Transportation Alternatives Program Manual as well as the
Minimum Testing Requirements (MTR) from the contract documents.
10. The Sponsor shall review all monthly and final contract estimates and change
orders provided by the Construction Engineering Consultant and the Contractor,
and submit all major change orders to the State for approval. During the life of the
construction contract, prior approval of the State will be obtained if it is necessary
to deviate from the plans and specifications to such a degree that the nature of the
completed work is significantly changed.
11. In cooperation with the State, establish and cause to be maintained all construction
traffic controls deemed necessary to best serve the public interests and to expedite
the work in accordance with the MUTCD.
12. At no cost to the federal-share, cause to be replaced to original, equal or better
condition any existing pavement, regulatory signs, and other similar items damaged
as a result of the contractorÓs operation, except as hereafter stated as obligations of
the State.
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49 Street Community Trail Project
Key No. 23914
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13. During design and construction of the project, be responsible for payment of all
invoices for work performed on the project. The Sponsor will provide monthly
invoices, and proof of payment of same, to the State for reimbursement of the
federal-aid share, up to the federal-aid limit noted in Section I, Paragraph 4 above.
14. Maintain all project records, including source documentation for all expenditures
for a period of three (3) years from the date of final acceptance. Provide the State
an electronic copy of these documents and records upon completion of the project.
If any litigation, claim, negotiation, or audit has been started before expiration of
the three-year period, the records shall be retained until completion of the action
and resolution of all issues that arise from it.
15. Maintain the project upon completion to the satisfaction of the State. Such
maintenance includes, but is not limited to, preservation of the pathway as is
necessary for its safe and efficient utilization.Failure to maintain the project in a
satisfactory manner will jeopardize the future allotment of federal-aid highway
funds for projects within the Sponsor's jurisdiction.
16. Comply with Exhibit B attached hereto and made a part hereof. By this agreement
Sponsor agrees to comply with and be bound to the Civil Rights provisions of Title
VI of the Federal Code and to generally insert those provisions in all contracts that
it enters into that are federally funded on this project. If property acquired for this
project with Federal financial assistance is transferred, the recipient of the property
will be subject to Exhibit B if the property is used for the same purpose it was
originally acquired or for another purpose involving similar services or benefits to
the general public. Sponsor should contact the State prior to disposing of any
property acquired under this agreement.
17. Comply with all other applicable State and Federal regulations.
18. To the extent permitted by Idaho law and as provided by the Idaho Tort Claims Act,
indemnify, save harmless the State, regardless of outcome, from the expenses of
and against suits, actions, claims or losses of every kind, nature and description,
including costs, expenses and attorney fees that may be incurred by reason of any
act or omission, neglect or misconduct of the Sponsor or its consultant in the design,
construction and maintenance of the work which is the subject of this Agreement,
or SponsorÓs failure to comply with any state or federal statute, law, regulation or
rule. Nothing contained herein shall be deemed to constitute a waiver of the StateÓs
sovereign immunity, which immunity is hereby expressly reserved.
TAP State/Local Agreement
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49 Street Community Trail Project
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SECTION III: That the State shall:
1. Enter into an Agreement with the Federal Highway Administration covering the
federal government's pro rata share of design and construction costs, up to a
maximum of the federal-aid limit noted in Section I, Paragraph 4 above.
2. Assist in the selection of a Consultant, negotiate, and furnish the Agreement for
Consultant Services and any supplements thereto, to be used between the Sponsor
and Consultant on this project.
3. Review and approve the project plans and specifications.
4. Authorize the Sponsor to administer the project and make any necessary changes
and decisions within the general scope of the plans and specifications.
5. Appoint the Local Highway Technical Assistance Council (LHTAC) as the
contract administrator for the State.
6. Designate a resident engineer and other personnel, as the State deems necessary, to
supervise construction in accordance with the plans, specifications and estimates in
the manner required by applicable state and federal regulations. Review for
approval all major change orders submitted by the Sponsor, and conduct a final
inspection of the project when completed.
7. Upon receipt of monthly invoices from the Sponsor, submit same to the Federal
Highway Administration for reimbursement at the federal-aid participation rate of
92.66%, up to a maximum of the federal-aid limit noted in Section I, Paragraph 4
above.
8. Maintain complete accounts of all project funds received and disbursed, which
accounting will determine the final project costs.
9. Cooperate with the Sponsor in selection and designation of suitable construction
traffic control during project construction.
10. Designate an authorized representative to act on the StateÓs behalf. That authorized
representativeÓs name is ___________________________________, Phone No.
___________________.
TAP State/Local Agreement
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49 Street Community Trail Project
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SECTION IV. Both Parties agree as follows:
1. Federal participation is contingent upon ultimate completion of the project. If for
any reason the project is removed from the program without being completed, then
the Sponsor shall be responsible for One Hundred Percent (100%) of all project
costs, and shall pay back to the State all costs previously reimbursed. If the
SponsorÓs deposit exceeds project costs, then the State shall return the unspent
balance to the Sponsor.
2. Sufficient Appropriation. It is understood and agreed that the State is a
governmental agency, and this Agreement shall in no way be construed so as to
bind or obligate the Statebeyond the term of any particular appropriation of funds
by the Federal Government or the State Legislature as may exist from time to time.
The State reserves the right to terminate this Agreement if, in its sole judgment, the
Federal Government or the legislature of the State of Idaho fails, neglects or refuses
to appropriate sufficient funds as may be required for the State to continue
payments. Any such termination shall take effect immediately upon notice and be
otherwise effective as provided in this Agreement.
3. All information, regulatory and warning signs, pavement or other markings, traffic
signals required, the cost of which is not provided for in the plans and estimates,
must be erected at the sole expense of the Sponsor upon the completion of the
project.
4. The location, form and character of all signs, markings and signals installed on the
project, initially or in the future, shall be in conformity with the Manual of Uniform
Traffic Control Devices as adopted by the State.
5. This Agreement shall become effective on the first day mentioned above, and shall
remain in full force and effect until amended or replaced upon mutual consent of
the State and the Sponsor.
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EXECUTION
This Agreement is executed for the State by its Division Administrator, and executed for
the Sponsor by the Mayor and Council, attested to by the City Clerk, with the imprinted
Corporate Seal ofthe City of Ammon.
IDAHO TRANSPORTATION DEPARTMENT
________________________________
Division Administrator
ATTEST:CITY OF AMMON
________________________ _________________________________
City Clerk Mayor
(SEAL)
By regular/special meeting
on .
wd: Key No. 23914
TAP State/Local Agreement
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Key No. 23914
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RESOL
WHEREAS, the Idaho Transportation Department, hereafter called the State, has
submitted an Agreement stating obligations of the State and the City of Ammon, hereafter called
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the CITY, for development and construction of 49 Street Community Trail Project; and
WHEREAS, the State is responsible for obtaining compliance with laws, standards and
procedural policies in the development, construction and maintenance of improvements made to
the Federal-aid Highway System when there is federal participation in the costs; and
WHEREAS, certain functions to be performed by the State involve the expenditure of
funds as set forth in the Agreement; and
WHEREAS, The State can only pay for work associated with the State Highway system;
and
WHEREAS, the CITY is fully responsible for its share of project costs; and
NOW, THEREFORE, BE IT RESOLVED:
1.That the Agreement for Federal Aid Highway Project A023(914) is hereby
approved.
2.That the Mayor and the City Clerk are hereby authorized to execute the
Agreement on behalf of the CITY.
3.That duly certified copies of the Resolution shall be furnished to the Idaho
Transportation Department.
CERTIFICATION
I hereby certify that the above is a true copy of a Resolution passed at a regular, duly called
special (X-out non-applicable term) meeting of the City Council, City of Ammon, held on
_____________________, _______.
(Seal) ___________________________
City Clerk
Ammon City Council 11.16.2023Page 21 of 45
EXHIBIT B
1050.20 Appendix A:
During the performance of work covered by this Agreement, the Consultant for themselves, their assignees and
successors in interest agree as follows:
1. Compliance With Regulations. The Consultant shall comply with all regulations of the United States
Department of Transportation relative to Civil Rights, with specific reference to Title 49 CFR Part 21, Title
VI of the Civil Rights Act of 1964 as amended, and Title 23 CFR Part 230 as stated in the ITD EEO
Special Provisions and Title 49 CFR Part 26 as stated in the appropriate ITD DBE Special Provisions.
http://apps.itd.idaho.gov/apps/ocr/index.aspx
2. Nondiscrimination. The Consultant, with regard to the work performed by them during the term of this
Agreement, shall not in any way discriminate against any employee or applicant for employment;
subcontractor or solicitations for subcontract including procurement of materials and equipment; or any other
individual or firm providing or proposing services based on race, color, sex, national origin, age, disability,
limited English proficiency or economic status.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all
solicitations, either by bidding or negotiation, made by the Consultant for work or services performed
under subcontract, including procurement of materials and equipment, each potential subcontractor or
supplier shall be made aware by the Consultant of the obligations of this Agreement and to the Civil
Rights requirements based on race, color, sex, national origin, age, disability, limited English proficiency
or economic status.
4. Information and Reports. The Consultant shall provide all information and reports required by
regulations and/or directives and sources of information, and their facilities as may be determined by the
State or the appropriate Federal Agency. The Consultant will be required to retain all records for a period
of three (3) years after the final payment is made under the Agreement.
5. Sanctions for Noncompliance. In the event the Consultant or a Subconsultant is in noncompliance with
the EEO Special Provisions, the State shall impose such sanctions as it or the appropriate Federal
Agency may determine to be appropriate, including, but not limited to:
Withholding of payments to the Consultant until they have achieved compliance;
Suspension of the agreement, in whole or in part, until the Consultant or Subconsultant is found to be in
compliance, with no progress payment being made during this time and no time extension made;
Cancellation, termination or suspension of the Agreement, in whole or in part;
Assess against the ConsultantÓs final payment on this Agreement or any progress payments on current or
future Idaho Federal-aid Projects an administrative remedy by reducing the final payment or future
progress payments in an amount equal to 10% of this agreement or $7,700, whichever is less.
6. Incorporation of Provisions. The Consultant will include the provisions of paragraphs 1 through 5
above in every subcontract of $10,000 or more, to include procurement of materials and leases of
equipment unless exempt by the Acts, the Regulations, and directives pursuant thereto. The Consultant
shall take such action with respect to any subcontract or procurement as the State or the appropriate
Federal Agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the Consultant may request the State to enter into
any litigation to protect the interest of the State. In addition, the Consultant may request the United States
to enter into the litigation to protect the interests of the United States.
1050.20 Appendix E
During the performance of this contract, the Consultant, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees to comply with all non- discrimination
statutes and authorities; including but not limited to:
Ammon City Council 11.16.2023Page 22 of 45
Pertinent Non-Discrimination Authorities:
¤ Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
¤ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
¤ Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
¤ Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
¤ The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
¤ Airport and Airway Improvement Act of 1982, ( 49 USC § 4 71, Section 4 7123 ), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
¤ The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not);
¤ Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) asimplemented
by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
¤ The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
¤ Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
populations by
and Low-Income Populations, which ensures discrimination against minority
discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
¤ Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
¤ Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq).
Implementation Procedures
This agreement shall serve as the SponsorÓs Title VI plan pursuant to 23 CFR 200 and 49 CFR 21.
For the purpose of this agreement, ÐFederal AssistanceÑ shall include:
1. grants and loans of Federal funds,
2. the grant or donation of Federal property and interest in property,
3. the detail of Federal personnel,
4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal
property or any interest in such property without consideration or at a nominal consideration, or at a
consideration which is reduced for the purpose of assisting the Sponsor, or in recognition of the public
interest to be served by such sale or lease to the Sponsor, and
5. any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of
assistance.
The Sponsor shall:
1. Issue a policy statement, signed by the SponsorÓs authorized representative, which expresses its
commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated
throughout the SponsorÓs organization and to the general public. Such information shall be published
where appropriate in languages other than English.
Ammon City Council 11.16.2023Page 23 of 45
2. Take affirmative action to correct any deficiencies found by ITD or the United States Department of
Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implement
Title VI compliance in accordance with this agreement. The SponsorÓs authorized representative shall be
held responsible for implementing Title VI requirements.
3. Designate a Title VI Coordinator who has a responsible position in the organization and easy access to
the SponsorÓs authorized representative. The Title VI Coordinator shall be responsible for initiating and
monitoring Title VI activities and preparing required reports.
4. Adequately implement the civil rights requirements.
5. Process complaints of discrimination consistent with the provisions contained in this agreement.
Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation.
Identify each complainant by race, color, national origin, sex, or disability; the nature of the complaint; the
date the complaint was filed; the date the investigation was completed; the disposition; the date of the
disposition; and other pertinent information. A copy of the complaint, together with a copy of the SponsorÓs
report of investigation, will be forwarded to ITDÓs EEO Office Î External Programs within 10 days of the
date the complaint was received by the Sponsor.
6. Collect statistical data (race and sex) of participants in, and beneficiaries of the Transportation programs
and activities conducted by the Sponsor.
7. Conduct Title VI reviews of the Sponsor and sub-recipient contractor/consultant program areas and
activities. Revise where applicable, policies, procedures and directives to include Title VI requirements.
8. Attend training programs on Title VI and related statutes conducted by ITDÓs EEO Office.
9. Participate in an annual review of the SponsorÓs Title VI Program, the purpose of which is to determine to
what extent the Sponsor has complied with Title VI requirements including the ADA. This review is
conducted one year from the date of approval of the Non-Discrimination Agreement and then annually on
the same date. The format for the Title VI review will be provided each year to the Sponsor for completion.
A determination of compliance will be made by ITDÓs EEO Office based on the information supplied in the
review. This review of the SponsorÓs Title VI Program may also include an on-site review in order to
determine compliance.
Discrimination Complaint Procedure
Any person who believes that he or she, individually, as a member of any specific class, or in connection with any
disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights
Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973
and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the Sponsor. A complaint may
also be filed by a representative on behalf of such a person. All complaints will be referred to the SponsorÓs Title VI
Coordinator for review and action.
In order to have the complaint consideration under this procedure, the complainant must file the complaint no later
than 180 days after:
a) The date of alleged act of discrimination; or
b) Where there has been a continuing course of conduct, the date on which that conduct was
discontinued.
In either case, the Sponsor or his/her designee may extend the time for filing or waive the time limit in the interest
of justice, specifying in writing the reason for so doing.
Complaints shall be in writing and shall be signed by the complainant and/or the complainantÓs representative.
Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination.
In the event that a person makes a verbal complaint of discrimination to an officer or employee of the Sponsor, the
person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person
in reducing the complaint to writing and submit the written version of the complaint to the person for signature.
The complaint shall then be handled according to the SponsorÓs investigative procedures.
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Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action
taken or proposed action to process the allegation, and advise the complainant of other avenues of redress
available, such as ITD and USDOT.
The Sponsor will advise ITD within 10 days of receipt of the allegations. Generally, the following information will be
included in every notification to ITD:
a) Name, address, and phone number of the complainant.
b) Name(s) and address(es) of alleged discriminating official(s).
c) Basis of complaint (i.e., race, color, national origin or sex)
d) Date of alleged discriminatory act(s).
e) Date of complaint received by the Sponsor.
f) A statement of the complaint.
g) Other agencies (state, local or Federal) where the complaint has been filed.
h) An explanation of the actions the Sponsor has taken or proposed to resolve the issue raised in
the complaint.
Within 60 days, the Title VI Coordinator will conduct an investigation of the allegation and based on the information
obtained, will render a recommendation for action in a report of findings to the SponsorÓs authorized
representative. The complaint should be resolved by informal means whenever possible. Such informal attempts
and their results will be summarized in the report of findings.
Within 90 days of receipt of the complaint, the SponsorÓs authorized representative will notify the complainant in
writing of the final decision reached, including the proposed disposition of the matter. The notification will advise
the complainant of his/her appeal rights with ITD, or USDOT, if they are dissatisfied with the final decision
rendered by the Sponsor. The Title VI Coordinator will also provide ITD with a copy of this decision and summary
of findings upon completion of the investigation.
Contacts for the different Title VI administrative jurisdictions are as follows:
Idaho Transportation Department
Equal Employment Opportunity Office Î External Programs
EEO Manager
PO Box 7129
Boise, ID 83707-1129
208-334-8884
Federal Highway Administration
Idaho Division Office
3050 Lakeharbor Lane, Suite 126
Boise, ID 83703
208-334-9180
Sanctions
In the event the Sponsor fails or refuses to comply with the terms of this agreement, the ITD may take any or all of
the following actions:
1. Cancel, terminate, or suspend this agreement in whole or in part;
2. Refrain from extending any further assistance to the Sponsor under the program from which the failure or
refusal occurred until satisfactory assurance of future compliance has been received from the Sponsor.
3. Take such other action that may be deemed appropriate under the circumstances, until compliance or
remedial action has been accomplished by the Sponsor;
4. Refer the case to the Department of Justice for appropriate legal proceedings.
Distribution: EEO Office
Revised: 03-09, 08-10, 08-17
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Ammon City Council
November 16, 2023
Mayor and City Councilmembers:
Canvass of Election 2023 Ammon Council Election
Staff Presenting:
Kristina Buchan, City Clerk
Recommendation
-Accept the official canvass of results of the 2023 Municipal Election as produced by Bonneville
County
Summary of Analysis
1.Election was held on Tuesday, November 7, 2023
2.Four seats were open for election
Seat #1: Scott Wessel, Sean Crystal
Seat #3: Debra W. Clapp, Sid R. Hamberlin, Jeff Fullmer
Seat #4: George Vander Meer, Kris Oswald, Robert Loveland
Seat #5: Heidi Boyle, Nolan J. Wheeler
3.Election was certified by Bonneville County on Monday, November 13, 2023
4.The following individuals were elected
Seat #1: Scott Wessel
Seat #3: Jeff Fullmer
Seat #4: Kris Oswald
Seat #5: Heidi Boyle
th
5.Individuals will be sworn in on January 4, 2024 at a regular Ammon Council Meeting
Financial Impact
-None
Motion
I move to accept the canvass of elections as prepared by Bonneville County
Attachments:
1.Canvass of Votes
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
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