05.07.2026 Packet
AMMON CITY COUNCIL MEETING
May 07, 2026 - 6:00 pm
Ammon City Hall
2135 S Ammon Road, Ammon, ID 83406
PUBLIC COMMENT AGENDA
CALL TO ORDER:
- Mayor Brian Powell at 6:00 p.m.
- Pledge of Allegiance – Council Member Hamberlin
- Prayer – Council Member Boyle
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: April 16, 2026 – Regular Meetings - Page 2
PROCLAMATIONS:
1. Tennis Proclamation - Page 9
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
ACTION ITEMS:
1. Request from Bonneville County Fire District to Repurpose Proceeds
from the sale of Apparatus - (Jon Molbert, Fire Chief) - Page 10
2. Resolution 2026-009 Declaring Surplus Equipment - (Micah Austin, City
Administrator) - Page 11
3. Resolution 2026-010 Personnel Policy Manual Update - (April Tracy, HR
Director) - Page 15
4. Consideration of On-Call Engineering Roster Contracts - (Micah Austin,
City Administrator) - Page 103
5. Consideration of On-Call Surveying Contract - (Micah Austin, City
Administrator) - Page 129
6. Consideration of an Amendment to the Blue Mountain Storage
Development Agreement - (Cindy Donovan, City Planner) - Page 139
7. Findings of Facts and Conclusion of Law for Rezoning of Target Park -
(Cindy Donovan, City Planner) - Page 156
8. Ordinance 747-Rezoning of City-owned Target Park - (Cindy Donovan,
City Planner) - Page 164
DISCUSSION ITEMS:
1. Miscellaneous
ADJOURN
The following guidelines for public
comment have been adopted:
1. Before an individual may be
heard, the Mayor, Council
President, or Commission Chair
must recognize them.
2. Individuals recognized for
comment shall provide their name
and address for the record.
Individuals must utilize the podium
at the front of the room and not
speak from their seat.
3. Individuals must direct comments
to the Commission or Council, not
other individuals within the room.
Individuals must limit comments to
three (3) minutes or less.
4. Individuals must avoid repetitious
comments or ideas that have
already been presented.
5. All comments shall be made
courteously, respectfully, and civilly.
Inflammatory, disrespectful,
degrading statements, heckling,
applause, or obscene or indecent
language will not be tolerated.
Individuals that violate these
guidelines may be asked to leave
the meeting.
UPCOMING
- May 14, 2026, Work Session
- May 21, 2026, City Council
- June 04, 2026, City Council
ACCESS TO MEETINGS
MEETINGS WILL BE AVAILABLE VIA
ZOOM:
- http://zoom.cityofammon.us/
- Meeting ID: 208 612 4000
- Passcode: 26666
INDIVIDUALS NEEDING ACCOMMODATION DUE TO DISABILITY MUST CONTACT CITY HALL
NO LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE
Next Resolution Number: 2026-011; Next Ordinance Number: 748
Ammon City Council May 07, 2026 Page 1 of 168
AMMON CITY COUNCIL MINUTES
THURSDAY, APRIL 16, 2026 – 6:00 P.M.
2135 SOUTH AMMON ROAD
AGENDA
CALL TO ORDER:
- Mayor Brian Powell at 6:00 p.m.
- Pledge of Allegiance – Council Member Oswald
- Prayer – Council Member Wessel
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: April 02, 2026 – Regular Meetings
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
PROCLAMATIONS:
1. Declaring the 57th Annual Professional Municipal Clerks Week - May 3-9, 2026
2. Declaring Animal Control Officer Appreciation Week - April 12-18, 2026
PUBLIC HEARING:
1. Public Hearing 2026-007 Fee Amendments
ACTION ITEMS:
1. Consideration of Resolution 2026-008 - Spring Fee Amendments - (Micah Austin, City
Administrator)
2. Target Park Rezone from PSC to HC-1 - (Cindy Donovan, City Planner)
3. Blue Mountain Storage Final Plat - (Cindy Donovan, City Planner)
4. Blue Mountain Storage Development Agreement - (Cindy Donovan, City Planner)
5. Consideration of Bid for Chip Seal Project - (Morgan Stewart, City Engineer)
DISCUSSION ITEMS:
1. Employee Certification Pay Policy - (April Tracy, HR Director)
2. Miscellaneous
ADJOURN
MINUTES
Ammon City Council Regular Meeting 04.16.2026 Page 1 of 7
Ammon City Council May 07, 2026 Page 2 of 168
City Officials Present:
Mayor Brian Powell
Council President Scott Wessel
Councilmember Nolan Wheeler
Councilmember Kris Oswald
Councilmember Heidi Boyle
Councilmember Jeff Fullmer
Councilmember Sid Hamberlin
City Attorney Weston Davis (via Zoom)
City Administrator Micah Austin
City Clerk Joanna Dahm
City Planner Cindy Donovan
City Engineer Morgan Stewart
HR Director April Tracy
Building Official Greg McBride
Water/Wastewater Division Director Nathan
Riblett
City Officials Absent:
CALL TO ORDER:
Mayor Brian Powell called the meeting to order at 6:00 p.m. Council Member Boyle led the pledge of
allegiance and Council Member Wessel gave a prayer.
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: April 02, 2026 – Regular Meetings
It was moved by Council Member Boyle and seconded by Council Member Oswald to approve the
Consent Agenda
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, absent; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
PUBLIC COMMENT: None
PROCLAMATIONS:
1. Declaring the 57th Annual Professional Municipal Clerks Week - May 3-9
2. Declaring Animal Control Officer Appreciation Week - April 12-18, 2026
PUBLIC HEARING:
1. Public Hearing 2026-007 Fee Amendments
Public Hearing Opened @ 6:19pm
City Administrator Micah Austin briefly ex
Council Member Fullmer asked if there were any fees that didn’t get put into this fee amendment that
should have been or we need to start thinking about. City Administrator Micah Austin stated that Water
and Wastewater Fees were not updated in this resolution. Both the usage and connection fees, which
will hopefully be in the fall resolution however, we need the studies to be concluded in order to adjust
those fees.
Council Member Hamberlin asked with the curtailments coming this summer, is that going to be a
problem. Mayor Powell stated we are not going to exceed our allotment of what we can pull out of the
ground. We need to be mindful of our water usage, but we are waiting on more guidance from the state
level. City Administrator Micah Austin stated that we are also in an agreement with several cities, we
lease water from the City of Pocatello out of the Palisades reservoir that is another protection for the
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city against curtailment.
Public Hearing Closed @ 6:25pm
ACTION ITEMS:
1. Consideration of Resolution 2026-008 - Spring Fee Amendments - (Micah Austin, City
Administrator)
It was moved by Council Member Fullmer and seconded by Council Member Boyle to approve
Resolution 2026-008 Spring Fee Amendments
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
2. Target Park Rezone from PSC to HC-1 - (Cindy Donovan, City Planner)
Mayor Powell asked if there were utilities going under the park. City Engineer Morgan Stewart stated
there is a storm drain and the city would need an easement. Council President Wessel asked if we should
have an appraisal done. City Administrator Micah Austin stated he believes it would be helpful. Appraisal
would help to have a minimum bid set for public auction.
City Attorney Weston Davis via Zoom, suggested getting an appraisal to help protect the City.
It was moved by Council Member Oswald and seconded by Council Member Wheeler to approve the
Target Park Rezone from PSC to HC-1
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
3. Blue Mountain Storage Final Plat - (Cindy Donovan, City Planner)
City Planner Donovan stated there are no changes to the final plat, it fell through the cracks and wasn’t
recorded, and has expired so needs to be reapproved so it can be recorded.
It was moved by Council Member Fullmer and seconded by Council Member Oswald to approve the
Blue Mountain Storage Final Plat
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
4. Blue Mountain Storage Development Agreement - (Cindy Donovan, City Planner)
City Planner Donovan brings attention to special condition 6, road needs to be completed within 12
months from the date of the document, which would be today. She stated as far as the ditch placement
we can discuss those options. Council Member Boyle asked in the beginning if the developers were
aware of the road improvements that would be needed. City Planner Donovan stated yes, however, we
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didn’t want to piece it together, it was discussed to do it all at one time with the other developments
and road expansion.
City Administrator Micah Austin asked if language needs to be added about connection of the walking
path. City Planner Donovan stated her and Assistant Planner Heather McBride are looking into options.
Todd Brewington -4913 Canvas Creek Circle- At the time this started we had a discussion with the
Council that everything would be done at one time. He called about a year and a half ago and asked
about plans about widening Ammon road. At that time there were no plans. Same thing with the walking
path, we understand it needs to be done but in conjunction with the other developments. Mr.
Brewington asked to be grandfathered in to keep building. At the time of approval that was the plan.
Asking to be able to continue developing. City Administrator Micah Austin stated their zone didn’t
change however, the requirements within that zone changed.
Kurt Roland - 1331 Freemont Ave. - Hoping they would be grandfathered in because the original site
plan was approved and signed off by the city.
Mayor Powell asked City Planner Donovan how this was discovered and that it wasn’t finished. City
Planner Donovan stated they were looking at a surrounding property and it was discovered. City Council
Member Fullmer stated he believes with the increase of theft, secure storage is a good option. Mr.
Brewington stated they want to be professional and not an eye sore to the community. We have high
definition security cameras, we have turned down the lighting at night to not disrupt the neighbors.
City Administrator Micah Austin stated there is no such thing as grandfathered, something is either
allowed or not. However the Council could find that the paperwork shows an entitlement. The City
Council is the only ones who can approve that. The real question for the council is, is there a granted
entitlement.
City Attorney Weston Davis pre-existing non conformant use, that wasn’t built out in the time allotted. If
someone does not proceed and finish within the time allotted they may not have an entitlement. Partial
use is pre existing, however the expansion isn’t beyond what was expected to begin with. You can
impose new conditions to the development agreement. Are there any new conditions that would be
required in light of what is now known about the project.
Mayor Powell asked Mr. Brewington when he anticipates building out more units. Are you waiting on
Rockwell to finish building? Mr. Brewington stated no, they were building in phases, mostly waiting for
fuel rates to come down.
Mike Fresh - 4392 W Houston Rd - The time limit was one the road, the build out was in a 3 phase build
out. The first phase was built.
Mayor Powell asked when they anticipate starting phase 2 or 3? Mr. Brewington stated it would be next
year. Mayor Powell asked how the Council feels about honoring the document that was approved and
signed in 2019. Council Member Boyle states she feels it should be honored. We need to have a solid
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timeline. Mayor Powell refers to staff to set up a timeline. City Administrator Micah Austin stated it
needs to be clearly defined in black and white in the development agreement.
Kirt Roland asks if the city would prefer they pay a bond. The consensus was no. The Council just wants it
to be developed. Mayor Powell asks that they work with City Staff to work out a development
agreement.
It was moved by Council Member Fullmer and seconded by Council Member Hamberlin to table the
Blue Mountain Storage Development Agreement until staff and developer can draft a new agreement
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
5. Consideration of Bid for Chip Seal Project - (Morgan Stewart, City Engineer)
Staff recommends the low bid from HK for the chip seal project, this project funds will come from the
street department. City Engineer Stewart stated there were four bids received. Stewart read all four bid
amounts received. Happy with this bid, it came in lower than we expected. Projects will be completed by
September 1st. Council Member Fullmer asked if the price could increase depending on oil costs, City
Engineer Stewart stated no, they are locked into this price. This is not to exceed the price. City
Administrator Micah Austin stated this is exciting because this is our first project using street levy funds.
It was moved by Council Member Boyle and seconded by Council Member Oswald to move forward
and approve the bid for Chip Seal received by HK and authorize the Mayor to sign the contract
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
City Planner Donovan stated Mr. Fresh has asked if we can please discuss the ditch placement for Blue
Mountain Storage property. Where the ditch was placed was where Tracy Bono okayed it to be placed.
However it does not line up with surrounding properties and will be in conflict with the widening of
Ammon Road.
Mike Fresh- Originally when the ditch was placed the road wasn’t planned to be five lanes. We were
instructed by Tracy as to where to put the ditch. Council President Wessel asked what Stochits did. He
stated they moved it over about 6 feet. Mayor Powell stated we understand the situation, we want to be
fair to everyone involved. Mr. Fresh stated there is a large cost to dig it all up and move the ditch. He
stated the length is about 600 feet.
DISCUSSION ITEMS:
1. Employee Certification Pay Policy - (April Tracy, HR Director)
HR Director April Tracy, came before the Council to discuss the Employee Certification Pay Policy.
This policy is designed to be consistent across all departments and employees. Safe guards have
been built in to protect employees and the City. This is a structured tool to invest in our
employees.
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Council Member Boyle stated her concern is to just make sure it is fair for all employees city
wide. HR Director Tracy stated yes, each department has opportunities for employees for
certifications that are relevant to their jobs.
2. Miscellaneous
Council Member Fullmer - briefed on the INL Tour, stated he was impressed with what is
happening out there, the amount of reactors going in and the economic impact.
Council Member Boyle - Was very impressed with everything going on out at INL. The only
complaint she heard while on the tour is the schools in our area could be better. A lot of people
are putting their kids in private schools or charter schools for better education. She stated that
they are very involved with the Universities. We are meeting with Department Heads and have
started talking about budgeting.
Mayor Powell - Stated we are going to keep fine tuning the budget as we move through the
process. Stated to the Director at INL that he didn’t realize everything the INL did. The actual
mission of the INL, they are a testing and validation facility for nuclear fuel. In the entire United
States this is the only place that does this.
Council Member Oswald - Attended first Planning Summit, learned a ton. It was a great day.
There are lots of changes going on in the legislation.
City Administration Micah Austin - Reminded the City Council there is no meeting next week
however, we will have a Strategic Planning meeting next Thursday from 11 am to 1 pm. Next
Tuesday April 21st, is the AIC Spring District meeting. Council Member Wheeler stated he will not
be able to make it. MYAC cleanup on Monday and the upcoming MYAC Fundraiser on Saturday
April 25th.
City Engineer Morgan Stewart - Keller Associates on behalf of the City submitted our Ground
Water Conservation Park water tank and booster station for ACEC Engineering Excellence award,
we received 2nd place in the State.
City Planner Donovan - With all the changes the legislature has implemented you will see us
bringing forward changes for City Code and the Comprehensive Plan. We have to have
everything implemented by February 1, 2027.
Tom- The newspaper mentioned several communities getting together for the Mayor’s Youth
Advisory Council, it stated Ammon is taking the lead. That is very impressive.
Council Member Hamberlin made a motion to adjourn the meeting.
ADJOURN at 8:02 pm
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Ammon City Council May 07, 2026 Page 7 of 168
______________________________
Brian Powell, Mayor
______________________________
Joanna Dahm, City Clerk
Ammon City Council Regular Meeting 04.16.2026 Page 7 of 7
Ammon City Council May 07, 2026 Page 8 of 168
PROCLAMATION
NATIONAL TENNIS MONTH
Whereas, On May 21, 1881, the USTA, originally known as the United States National Lawn
Tennis Association, was founded in New York City, New York, to create rules and standards for the
emerging game of lawn tennis; and
Whereas, The USTA is the nonprofit, national governing body for tennis in the United States, and
leads the promotion and growth of the sport at every level of play, from beginners to professionals at
the US Open; and
Whereas, The USTA is the largest tennis organization in the world, with over 550,000 members
from every corner of the country; and
Whereas, The USTA proudly partners with local tennis programs to showcase the important
health, social, and educational benefits of tennis, and make the sport available to everyone,
regardless of age, environment, condition, or ability, through its USTA Adaptive grants; and
Whereas, The latest research by the Physical Activity Council shows that more than 27.3 million
Americans played tennis in 2025, an unprecedented 6.2 percent increase in participation over 2024
and the highest number of players since the PAC study began in 2007; and
Whereas, By increasing the accessibility of tennis for citizens of [insert name of city] of all ages
and abilities, the USTA has contributed to making our community happier and healthier; and
Whereas, USTA has declared the month of May as National Tennis Month to encourage players,
organizations, facilities, retailers, tennis manufacturers and more to promote local programs and
activities, at parks and facilities to showcase tennis and spread the word about the sport and its
benefits, and to help players and non-players alike find courts and play opportunities in their
communities;
Now, Therefore I, Brian Powell, Mayor of Ammon, proclaim May 2026 as National Tennis Month
and hereby urge the citizens of Ammon to become aware of and support National Tennis Month.
PROCLAIMED AND SIGNED this 7th Day of May 2026
________________________________
Brian Powell, Mayor
________________________________
Joanna Dahm, City Clerk
Ammon City Council May 07, 2026 Page 9 of 168
Ammon City Council Meeting
May 7, 2026
Mayor Powell and City Councilmembers:
Request from the Bonneville County Fire District to Repurpose
Proceeds from the Sale of Apparatus
Staff Presenting:
- Micah Austin, City Administrator
Recommendation
- Consider the request from the Bonneville County Fire District and direct staff accordingly.
Summary of Analysis
1. On April 2, 2026, the City Council approved surplusing several fire and rescue apparatus that was
leased by the Fire District.
2. The North Fremont Fire District purchased all apparatus and equipment for $20,000.
3. The Bonneville County Fire District is requesting that the proceeds from the sale of the surplus
apparatus be repurposed for purchasing equipment and tools for the Fire District.
4. Chief Jon Molbert will be presenting this request at the May 7, 2026 meeting.
Financial Impact
- The revenues generated from selling the apparatus is $20,000. These funds are currently held in
the General Fund.
Motion
“I move to approve the repurposing of $20,000 generated from the sale of fire and rescue apparatus to
the Bonneville County Fire District for the purpose of purchasing equipment and tools.”
Attachments:
1. None.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council May 07, 2026 Page 10 of 168
Ammon City Council Meeting
May 7, 2026
Mayor Powell and City Councilmembers:
Approval of Resolution 2026-009
Designating City Property as Surplus
Staff Presenting:
- Micah Austin, City Administrator
Recommendation
- Staff recommends designating the equipment and city property items listed in Table 1 as surplus.
Summary of Analysis
1. The items listed in the table below no longer have significant value for the City of Ammon.
2. The department heads and City Administrator have reviewed these items and recommend surplusing
them to the public.
3. Section 1-13-13 of the Ammon Codified Ordinances allows the City Council to surplus property and
provides a public process for selling the property.
4. A public auction website, such as PublicSurplus.com, will be used to surplus the items. The auction
website will be open to the public.
TABLE 1: City Property/Assets for Surplus
City Property/Assets
Department VIN/Serial Number Surplus
Value
2018 John Deere Backhoe 310SL Water 1T0310SLKJF332034 $35,000
1992 6 Wheel Dump truck/w Sander and Plow Streets 1GDP7H1J2NJ519578 $3,000
Taser X26 (Holster, 4 Expired Cartridges,
Battery) Donate to Bonneville Co. Sheriff’s
Office
Enforcement X12003DTC $0
Axon Taser X2 (Holster, 2 Cartridges, Battery)
Donate to Bonneville Co. Sheriff’s Office
Enforcement X2900DX62 $0
WatchGuard Body Camera (Charger, Holders,
lens, no cord to connect lens to Body Camera)
Donate to Bonneville Co. Sheriff’s Office
Enforcement VXL1011474 $0
McClane 901-3.5RP-CA Edger Parks N/A $50
McClane Commercial Series Edger 28RC Parks 1105261500136 (motor
s/n)
$50
Toro Proline 22196 Push Mower Parks 290000597 $500
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council May 07, 2026 Page 11 of 168
2018 Kubota L3901 Tractor with loader and
backhoe
Parks/Fiber 80259 $20,000
Coleman Powermate 5000W generator Parks E21601289B $75
1981 Ford F600 Streets 1FDMF60H7BVA08171 $1000
16 Recycle Bins Sanitation $8000
Ingersoll Rand 185 Air Compressor Fiber p185wjd $800
3 phase 30kw Onan Generator Wastewater 1073709766 $1000
Fimco Sprayer (Bed Insert) 300 gallon Tank and
Reel
Streets NA $500
Total of Surplus Property $69,975
Financial Impact
- All revenues collected from the surplused property will stay within the fund that owns the asset.
Motion
“I move to approve Resolution 2026-009 and designate the property listed in Table 1 as surplus as
presented.”
Attachments:
1. Resolution 2026-009
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2 Ammon City Council May 07, 2026 Page 12 of 168
CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
RESOLUTION 2026-009
(Surplus Property)
A RESOLUTION RELATING TO SURPLUS PERSONAL PROPERTY;
DECLARING CERTAIN PERSONAL PROPERTY SURPLUS; AUTHORIZING
AND DIRECTING THE DISPOSAL OF SURPLUS PROPERTY; PROVIDING
FOR RELATED MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Ordinances of the City of Ammon provides for declaration of surplus personal
property by resolution; and
WHEREAS, the City Council has determined that the surplus property listed in Section 4 is no
longer needed by the City; and
WHEREAS, the City Council has deemed it unnecessary to maintain ownership of said surplus
personal property; and
WHEREAS, Section 1-13-13 of the City Code provides for various methods of disposal or transfer
of surplus property; and
NOW THEREFORE, be it hereby resolved by the Mayor and City Council of the City of Ammon,
Bonneville County, Idaho as follows:
Section 1. That the City Council does hereby find that the surplus property listed in section 4 of this
resolution is no longer needed for the day to day operations of the City.
Section 2. That a copy of this Resolution shall be posted in the Clerk’s Office and subject to
examination by any interested party.
Section 3. Pursuant to the provisions of Section 1-13-13 of the Codified Ordinances of the City of
Ammon, State of Idaho, the surplus property listed in Section 4 of this resolution shall be disposed of or
transferred as provided for in section 1-13-13 of the Ammon City Code and the disposal or transfer is in
the public interest.
Section 4. The following items are hereby declared surplus property and shall be disposed of or
transferred as directed by Section 3 of this resolution and as permitted by law:
Resolution 2026-009 Surplus Property Page 1 of 2
Ammon City Council May 07, 2026 Page 13 of 168
TABLE 1: City Property/Assets for Surplus
City Property/Assets
Department VIN/Serial Number Surplus
Value
2018 John Deere Backhoe 310SL Water 1T0310SLKJF332034 $35,000
1992 6 Wheel Dump truck/w Sander and Plow Streets 1GDP7H1J2NJ519578 $3,000
Taser X26 (Holster, 4 Expired Cartridges,
Battery) Donate to Bonneville Co. Sheriff’s
Office
Enforcement X12003DTC $0
Axon Taser X2 (Holster, 2 Cartridges, Battery)
Donate to Bonneville Co. Sheriff’s Office
Enforcement X2900DX62 $0
WatchGuard Body Camera (Charger, Holders,
lens, no cord to connect lens to Body Camera)
Donate to Bonneville Co. Sheriff’s Office
Enforcement VXL1011474 $0
McClane 901-3.5RP-CA Edger Parks N/A $50
McClane Commercial Series Edger 28RC Parks 1105261500136 (motor
s/n)
$50
Toro Proline 22196 Push Mower Parks 290000597 $500
2018 Kubota L3901 Tractor with loader and
backhoe
Parks/Fiber 80259 $20,000
Coleman Powermate 5000W generator Parks E21601289B $75
1981 Ford F600 Streets 1FDMF60H7BVA08171 $1000
16 Recycle Bins Sanitation $8000
Ingersoll Rand 185 Air Compressor Fiber p185wjd $800
3 phase 30kw Onan Generator Wastewater 1073709766 $1000
Fimco Sprayer (Bed Insert) 300 gallon Tank and
Reel
Streets NA $500
Total of Surplus Property $69,975
Approved by the City Council of the City of Ammon this 7 day of May, 2026.
____________________________________
Brian Powell, Mayor
___________________________________
Joanna Dahm, City Clerk
Resolution 2026-009 Surplus Property Page 2 of 2
Ammon City Council May 07, 2026 Page 14 of 168
Ammon City Council
May 7, 2026
Mayor Powell and City Councilmembers:
Resolution 2026-010, Amendment of Personnel Policy Manual –
Addition of Employee Certification Pay Policy and Update to
Nepotism and Conflict of Interest Policy
Staff Presenting:
April Tracy, Human Resources Director
Recommendation
- Approve the Employee Certification Pay Policy
- Approve the updated Nepotism and Conflict of Interest Policy
Summary of Analysis
The City of Ammon is committed to maintaining a skilled, professional, and accountable workforce. The
proposed policy actions support this goal by enhancing both employee development opportunities and
organizational integrity.
Employee Certification Pay Policy
● The City of Ammon is committed to developing a highly skilled workforce that strengthens
service delivery and operational efficiency.
● This policy establishes a structured approach to awarding pay increases for employees who
obtain certifications that provide measurable value to the City.
● The policy incorporates safeguards to ensure fiscal responsibility and consistency, including
pre-approval requirements, budget verification, standardized tiering, and administrative
oversight, while supporting employee development and long-term organizational sustainability.
Nepotism and Conflict of Interest Policy Update
● Clear definitions of “related individuals” and “department” to ensure consistent application
across the organization.
● A restriction on related individuals working within the same department in full-time and
part-time positions, regardless of reporting structure.
● Enhanced safeguards to prevent direct supervisory relationships between related individuals.
● A limited seasonal employment exception with stretch conditions, allowing flexibility for
temporary staffing needs while maintaining appropriate controls.
These updates promote fairness, transparency, and accountability, while reducing the risk of
actual or perceived favoritism.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council May 07, 2026 Page 15 of 168
Financial Impact
- Certification Pay Policy: Financial impact will vary based on participation, but all increases
require pre-approval and must be supported within existing departmental budgets, minimizing
risk of unbudgeted obligations
- Nepotism Policy Update: No direct financial impact
Motion
“I move to approve the Employee Certification Pay Policy and the updated Nepotism and Conflict
of Interest Policy.”
Attachments:
1. City of Ammon Employee Certification Pay Policy.
2. City of Ammon Nepotism and Conflict of Interest Policy.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2 Ammon City Council May 07, 2026 Page 16 of 168
CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
RESOLUTION NO. 2026-010
(Amendment of Personnel Policy Manual – Addition of Employee
Certification Pay Policy and Update to Nepotism and Conflict of
Interest Policy)
A RESOLUTION UPDATING THE ADOPTED CITY OF AMMON PERSONNEL POLICY MANUAL;
PROVIDING FOR THE ADDITION OF AN EMPLOYEE CERTIFICATION PAY POLICY AND THE
REVISION OF THE NEPOTISM AND CONFLICT OF INTEREST POLICY; PROVIDING FOR
RESCISSION AND REPEAL OF ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Ammon, Bonneville County, Idaho, has adopted, by Ordinance,
Section 1-15-6, provisions allowing the adoption of policies, procedures, specifications, and
standards by resolution; and
WHEREAS, the current Personnel Policy Manual was adopted on June 5, 2025, by
Resolution No. 2025-006R; and
WHEREAS, the City desires to support employee professional development through a
structured and equitable certification pay program that enhances workforce capability and
strengthens municipal services; and
WHEREAS, the City Council has determined that adopting an Employee Certification Pay
Policy will provide consistency, accountability, and fiscal responsibility in awarding
certification-based pay increases; and
WHEREAS, the City Council further finds it necessary to update the existing Nepotism
and Conflict of Interest Policy to provide clearer definitions, establish consistent standards
regarding related individuals working within the same department, and ensure fair and
transparent employment practices; and
WHEREAS, the City Council has reviewed the proposed policy additions and revisions
and finds them to be reasonable, necessary, and in the best interest of the City and its
employees;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Ammon,
Bonneville County, Idaho, as follows:
Section 1. That the City Council hereby adopts the amendments to the City of Ammon
Personnel Policy Manual, including the addition of the Employee Certification Pay Policy and the
revision of the Nepotism and Conflict of Interest Policy, as set forth in Exhibit A attached hereto
and incorporated herein by reference.
Section 2. That a copy of this Resolution and Exhibit A shall be maintained in the office of
the City Clerk and shall be available for public inspection.
Section 3. That all resolutions or parts of resolutions in conflict herewith are hereby
rescinded and repealed.
Section 4. That this Resolution shall be in full force and effect upon passage and approval by
the City Council and the Mayor.
PASSED by the City Council and APPROVED by the Mayor of the City of Ammon, Bonneville
County, Idaho, this 7th day of May, 2026.
RESOLUTION 2026-010R AMENDMENT OF PERSONNEL POLICY MANUAL Page 1 of 3 Ammon City Council May 07, 2026 Page 17 of 168
CITY OF AMMON
By: ____________________________________
ATTEST: Brian Powell, Mayor
_______________________________________
Joanna Dahm, City Clerk
RESOLUTION 2026-010R AMENDMENT OF PERSONNEL POLICY MANUAL Page 2 of 3 Ammon City Council May 07, 2026 Page 18 of 168
EXHIBIT A
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Ammon City Council May 07, 2026 Page 20 of 168
AMMON PERSONNEL POLICY MANUAL
This policy establishes a safe, efficient and cooperative working environment,
establishes the responsibilities and level of performance expected of all City
employees and explains certain benefits provided to City employees.
The policies and benefit offerings outlined in this policy are subject to change at
any time, without prior notice to, and consent of, city employees. Changes may
be made at the sole discretion of the City Council.
All employees of the City are At-Will and are employed at the discretion of the
Mayor and City Council and will have no right to continued employment or
employment benefits, except as may be agreed to in writing and expressly
approved by the City Council. This personnel policy is not a contract of
employment and is not intended to specify the duration of employment or limit
the reasons for which an employee may be discharged. All provisions of this
Policy will be interpreted in a manner consistent with this paragraph. In the
event of any irreconcilable inconsistencies, the terms of this paragraph will
prevail. Only a written contract expressly authorized by the City Council can alter
the at-will nature of employment by the City, notwithstanding anything said by
an Elected Official or supervisor.
Updated Policy Date:
May 7, 2026, Resolution 2026-010
June 5, 2025, Resolution 2025-006R
April 18, 2024, Resolution 2024-011R
May 4, 2023, Resolution 2023-002R
June 2, 2022, Resolution 2022-003R
April 15, 2021, Resolution 2021-006R
December 20, 2018-Resolution 2018-020R
July 12, 2018-Resolution 2018-006R
February 4, 2016-Resolution 2016-002
December 18, 2014-Resolution 2014-012
February 2, 2012-Resolution 2012-002
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MISSION STATEMENT
To serve the public interest by proactively meeting the present and future needs
of the community in a fiscally responsible manner. Through leadership,
education, public input, and organized planning efforts, we will maintain respect
for our history, conserve our resources for the future, promote equality, and
enhance the family friendly community of Ammon.
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Table of Contents
SECTION 1: GENERAL POLICIES 6
INTRODUCTION TO PUBLIC EMPLOYMENT 6
EQUAL EMPLOYMENT OPPORTUNITY STATEMENT 6
VETERAN'S PREFERENCE 7
NEPOTISM AND CONFLICT OF INTEREST PROHIBITED 7
PREFERENCE FOR PROMOTION FROM WITHIN 10
SECTION 2: EMPLOYMENT START-UP 12
EMPLOYMENT FORMS TO BE COMPLETED 12
PAYROLL REPORTING SYSTEMS 12
DISTRIBUTION OF POLICY 12
INTRODUCTORY PERIOD 12
POSITION REQUIREMENTS 13
SECTION 3: RULES OF EMPLOYEE CONDUCT 14
PERSONAL PERFORMANCE AND BEHAVIOR 14
WORKPLACE CONDUCT 16
PROHIBITED WORKPLACE CONDUCT 17
ROMANTIC RELATIONSHIPS IN THE WORKPLACE 19
PROHIBITED DISCRIMINATORY HARASSMENT POLICY 21
DRUG AND ALCOHOL FREE WORKPLACE POLICY 23
VEHICLE, EQUIPMENT USE, AND DRIVING SAFETY POLICY 29
TECHNOLOGY USE POLICY 35
SOCIAL MEDIA POLICY 40
AI (ARTIFICIAL INTELLIGENCE) EMPLOYEE USE POLICY 43
TELECOMMUTING POLICY 44
THE CITY OF AMMON COMPLAINT PROCEDURE 48
SECTION 4: EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS 50
CLASSIFYING EMPLOYEES FOR POLICY PURPOSES 50
COMPENSATION POLICIES 51
EMPLOYEE CERTIFICATION PAY POLICY 58
EMPLOYEE BENEFITS 63
SECTION 5: EMPLOYEE EVALUATION AND DISCIPLINE 72
EVALUATION PROCEDURES 72
EMPLOYEE PERSONNEL FILES 72
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EMPLOYEE DISCIPLINE PROCEDURES AND PRINCIPLES 73
OPPORTUNITY TO BE HEARD—ASSERTIONS OF UNLAWFUL DISCRIMINATION AND
RETALIATION AND “NAME-CLEARING HEARING” 74
SECTION 6: SEPARATION OF EMPLOYMENT 76
REDUCTION IN FORCE 76
REINSTATEMENT PREFERENCE 76
RETIREMENT POLICY 76
COBRA BENEFITS 76
EXIT INTERVIEW 76
RESIGNATION POLICY 77
ABANDONMENT 77
APPENDIX A: SIGNATURE PAGE OF RECEIPT AND UNDERSTANDING 78
APPENDIX B: NEW DRIVER CONTRACT 80
APPENDIX C: Controlled Substance Testing Consent Form for Current Employees 82
APPENDIX D: DOT Drug Testing Consent Form for Current Drivers 83
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SECTION 1: GENERAL POLICIES
1. INTRODUCTION TO PUBLIC EMPLOYMENT
1.1. Working for the City of Ammon, hereafter referred to as ‘the City’, may be
somewhat different from any employer for which you may have worked in the
past. The City is a political subdivision of the State of Idaho, though it is not a
part of state government. The City Council, hereafter referred to as ‘the Council’,
serves as the governing entity for the City, carrying out local legislative duties and
fulfilling other obligations. Only the Council has authority to establish general
policy for employees, including terms and conditions of employment. The
Council also appoints personnel to help carry out its administrative
responsibilities.
1.2. Each employee should recognize that although he/she may serve as an employee
in the office of an elected or appointed official, he/she remains an employee of
the City, not of the official who supervises his/her work. The terms and
conditions set forth in this policy, and in the resolutions and policy statements
which support it, cannot be superseded by any other official's commitment,
without the express written agreement of the Council or Mayor. That is
particularly true for terms or conditions which would establish a financial
obligation for the City, now or in the future. It is important that all employees
understand the relationship between policy adopted by the Council and
department policy implemented by other officials.
1.3. The terms set forth in this booklet reflect City policy at the time of its printing,
and are subject to change at any time, without prior notice, and at the sole
discretion of the Council.
1.4. As with all elected public officials, the Council is ultimately responsible to the
voters of the City.
2. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT
2.1. All selection of City employees and all employment decisions, including
classification, transfer, discipline, and discharge, shall be made without regard to
race, color, religion, gender, age, national origin, sexual orientation, veteran
status, non-job related disability, or any other characteristic protected by
applicable law. No job or class of jobs will be closed to any individual except
where a mental or physical attribute, gender, or age is a bona fide occupational
qualification. It is the policy of the City to comply in all respects with the
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Americans with Disabilities Act. All objections to application of the City’s policy,
in this regard, shall be brought to the attention of the Mayor, or in the case of
objection to actions undertaken by the Mayor, to legal counsel for the City.
3. VETERAN'S PREFERENCE
3.1. The City will accord a preference to employment of veterans of the U.S. Armed
Services in accord with provisions of Idaho Code § 65-502 or its successor. In the
event of equal qualifications for an available position, a veteran who qualifies for
preference pursuant to Idaho Code § 65-502 or its successor will be employed.
4. NEPOTISM AND CONFLICT OF INTEREST PROHIBITED
4.1. No person shall be employed by the City when such employment would result in
a violation of the anti-nepotism provisions set forth in Idaho Code Title 74,
§18-1359, or its successors. Any such appointment shall be void. No person
related to the Mayor or a member of the City Council within the second degree
by blood or marriage may be hired, appointed, or employed in any position
where compensation is paid, in whole or in part, from public funds. No person
related to a manager may report directly to that manager.
Definitions
1. Related Individuals:
For purposes of this policy, “related individuals” includes relationships by blood,
marriage, or domestic partnership, including but not limited to spouse, parent,
child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, cousin, in-law
relationships, and step-relations.
2. Department:
For purposes of this policy, “department” means a primary organizational unit of
the City, including but not limited to Legislative, Executive, Finance, Human
Resources, Clerk, Technology, Fiber, Law Enforcement, Planning, Building, Public
Works, and Parks and Recreation. Divisions, or functional areas within a
department (e.g., water, wastewater, streets, sanitation) are considered part of
the same department.
Restrictions on Employment Related Individuals
Related individuals are prohibited from working within the same department in full-time
or part-time positions, regardless of reporting structure, in order to prevent actual or
perceived conflicts of interest, favoritism, and workplace disruption.
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Employees are required to disclose any known relationships covered under this policy t
the Human Resources Department.
If two employees within the same department become related individuals during the
course of employment, the City will evaluate the situation and may require
reassignment, transfer, or other appropriate action to eliminate the conflict. If a suitable
reassignment is not available, separation of employment may be required.
This policy shall not be applied retroactively to existing employees; however, the City
reserves the right to take appropriate action, including reassignment, if a conflict of
interest or operational concern arises.
Limited Seasonal Employment Exception
Notwithstanding the above, the City may permit the employment of related individuals
in the same department on a temporary seasonal basis, provided all of the following
conditions are met:
1. The individuals are hired into positions of the same classification and level;
2. The positions are non-supervisory and do not include any lead, senior, or
management responsibilities;
3. Neither individual exercises authority over the other, nor participates in any
employment-related decisions affecting the other, including hiring, assignment,
scheduling, evaluation, discipline, or termination;
4. The hiring process remains competitive and consistent with City hiring practices;
5. Appropriate supervisory oversight is assigned to ensure impartial management
and to avoid actual or perceived conflicts of interest;
6. The employment is strictly limited to a defined seasonal or temporary period;
7. The individual hired into the seasonal position is not a related individual to a
current full-time or part-time employee within the same department; and
8. Prior approval is obtained from the Human Resources Department before any
offer of employment is made.
This limited exception is intended to address short-term seasonal staffing needs where
positions are temporary in nature and carry no supervisory authority. Due to the
ongoing nature of full-time and part-time employment, the potential for conflicts of
interest, favoritism, and workplace disruption is significantly greater; therefore, such
arrangements are not permitted outside of seasonal employment.
Policy Management
Nothing in this policy prevents the City from taking appropriate action in situations that
create an actual or perceived conflict of interest, even if the relationship does not fall
within the definitions outlined above.
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The City reserves the right to deny or terminate employment arrangements if a conflict
of interest, operational concern, or the perception of favoritism arises.
4.2. CONFLICTS OF INTEREST
Purpose: To ensure that all City of Ammon employees act with impartiality and
integrity, and to avoid situations where personal interests could potentially
influence or appear to influence the performance of their official duties. This
policy is established in accordance with and is guided by the provisions outlined
in Idaho Code Title 74, Chapter 4, the "Ethics in Government Act," and other
relevant state laws. Employees should consult with the Human Resource
Department or City Attorney regarding questions about actual or potential
conflicts of interest.
Policy:
1. General Principle: City of Ammon employees shall avoid any activity,
interest, or relationship that constitutes a conflict of interest or results in
an economic gain as defined in Idaho Code § 74-403(4) and (5) or that
otherwise conflicts, or appears to conflict, with the best interests of the
City of Ammon or Idaho Code Title 74, Chapter 4. Employees must
conduct themselves in a manner that fosters public trust and confidence
in the integrity of city government.
2. Disclosure Requirement: Any employee who becomes aware of a
potential or actual conflict of interest must promptly disclose the matter
in writing to their immediate supervisor or the Human Resources
Director, the City Attorney, the City Administrator or any elected official.
This disclosure should include all relevant details of the potential conflict.
Employees that are aware of a potential or actual conflict of interest
involving any employee or official of the City of Ammon should promptly
disclose the matter in order to avoid a violation of the Personnel Policy
Manual and this Conflict of Interest policy.
3. Examples of Potential Conflicts: No presumption of guilt is created by the
mere existence of a relationship with outside firms. However, if
employees have any influence on transactions involving purchases,
contracts, or leases, it is imperative that they disclose as soon as possible
the existence of any actual or potential conflict of interest so that
safeguards can be established to protect all parties. Personal gain may
result not only in cases where an employee or relative has a significant
ownership in a firm with which the City of Ammon does business, but also
when an employee or relative receives any kickback, bribe, substantial
gift, or special consideration as a result of any transaction or business
dealings involving the City of Ammon. While not exhaustive, the
following are examples of situations that may constitute a conflict of
interest under Idaho Code Title 74, Chapter 4 and other relevant laws:
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a. Having a direct or indirect financial interest that results in an
economic gain or pecuniary benefit by an official action or
decision, as defined in Idaho Code § 74-403(4) and (5).
b. Accepting gifts, favors, or preferential treatment from individuals
or entities seeking to do business with the City of Ammon, where
such acceptance could reasonably be interpreted as an attempt to
influence official action (See also Idaho Code § 18-1356).
c. Using City of Ammon resources, equipment, or information for
personal gain or the benefit of others which is not part of official
City business.
d. Holding a position or engaging in activities with an outside
organization that could compromise the employee's ability to
impartially or fully perform their City of Ammon duties. This
includes any activities which may conflict with the employee’s City
responsibilities or which may be conducted during the employee’s
City working hours.
e. Participating in decisions or recommendations that directly affect
the financial or personal interests of the employee, members of a
household as defined by Idaho Code §74-403(7), those within the
second degree of consanguinity, or close associates.
4. Review and Determination: Upon disclosure, the Human Resources
Director, in consultation with the Mayor, City Administrator, and/or the
City Attorney will review the matter and determine whether a conflict of
interest exists and, if so, the appropriate course of action, consistent with
Idaho Code § 74-404. This may include, but is not limited to, requiring the
employee to recuse themselves from certain decisions or activities,
implementing a management plan to mitigate the conflict, disciplinary
action up to and including termination of employment, or taking other
appropriate measures consistent with Idaho law and City of Ammon
policy.
5. Compliance with Idaho Code: All employees are expected to be familiar
with and adhere to the provisions of Idaho Code Title 74, Chapter 4, and
other relevant Idaho laws regarding ethical conduct. Failure to comply
with this policy or applicable state law may result in disciplinary action,
up to and including termination of employment.
6.
5. PREFERENCE FOR PROMOTION FROM WITHIN
5.1. Qualified individuals who are already employees of the City may be given
preference over outside applicants to fill vacancies in the workforce. This
preference does not apply to department head positions.
5.1.1. Internal Job Postings. The City may, at its discretion, post job openings
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internally to allow qualified current employees the opportunity to apply
for positions before they are advertised to the public. This internal
posting period provides employees with the chance to advance or
transfer within the organization. External posting will only occur after the
internal posting period has ended.
5.1.2. Re-Employment of Seasonal Employees. Seasonal employees whose
employment ended solely due to the seasonal nature of the work and
who left in good standing are eligible for reemployment. These
individuals shall retain a first right to return for one year from the date of
their separation. Employees shall retain a preference only for work for
positions for which they are fully qualified and for which available service
requirements can be met. Re-employment will be facilitated through an
internal job posting process, at the discretion of the department head.
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SECTION 2: EMPLOYMENT START-UP
1. EMPLOYMENT FORMS TO BE COMPLETED
1.1. The following pre-employment forms must be completed before the employee
may begin work for the City:
1.1.1. Employment application form.
1.1.2. Employee’s withholding allowance (Form W-4).
1.1.3. Immigration form (I-9), with accompanying identification.
1.1.4. Criminal background check for all employees.
1.1.5. Benefit forms.
2. PAYROLL REPORTING SYSTEMS
2.1. Reports of hours worked and time on and off the job must be completed in a
timely manner in accord with procedures established by this policy and the
Finance Department. Employee time reports shall contain a certification that it is
a true and correct record of the employee's time and benefit usage for the time
period covered and must be signed by both the department head and by the
employee.
3. DISTRIBUTION OF POLICY
3.1. At time of employment, each employee should receive a copy of the personnel
policy. It is the responsibility of the employee to familiarize himself/herself with
the contents of the personnel policy and to acknowledge its receipt. Voluntary
acceptance of this policy and addendums are required for all City employees and
officials, unless otherwise noted or rendered invalid by law. Periodic updates or
changes shall be distributed and acknowledged.
4. INTRODUCTORY PERIOD
4.1. Employees of the City are subject to a three-month introductory period where
employees must demonstrate their abilities to handle the responsibilities of their
new position. The City uses this three-month period to determine if the
employee meets the job requirements for which the employee was hired. During
this three-month introductory period either the employee or the City may end
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the employment relationship at will, with or without cause or advance notice.
4.2. Employees who transfer or promote to another position within the City shall be
subject to the same three-month introductory period. If the employee is
terminated during this introductory period, they may be returned to their
previous position or transferred to another position they are fully qualified for if
such a vacancy exists with the City. Department heads or Council may extend
the introductory period.
5. POSITION REQUIREMENTS
5.1. Positions requiring specific qualifications, such as certifications or licenses shall
detail the requirement(s) in their respective job description. This includes
positions that require a valid Commercial Driver’s License. Except when
authorized by the City Administrator, in no case shall the City bear the costs
associated with the acquisition of a qualification which is a stated condition for
hiring.
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SECTION 3: RULES OF EMPLOYEE CONDUCT
1. PERSONAL PERFORMANCE AND BEHAVIOR
1.1. Each employee of the City is expected to conduct himself/herself as a
professional in harmony with the high standards of the City as established by its
mission statement, policies and other stated goals. Each employee must
recognize that public employees are subject to additional public scrutiny in their
public and personal lives because the public's business requires the utmost
integrity and care. In order to accomplish the goals of the City as a public
institution, each employee is expected to avoid personal behaviors which would
bring unfavorable public impressions of the City and its officials. In order to
accomplish this, each employee:
1.1.1. SHALL be prompt and regular in attendance at work or other required job
functions. Reports of chronic lateness shall be investigated by the
managing official and appropriate disciplinary action, including dismissal,
will be taken if the tardiness continues. Individual department rules may
apply.
1.1.2. SHALL comply with dress standards established in the department for
which the employee works. Dress, grooming, and personal cleanliness of
employees affects the morale and productivity of other employees in the
workplace and the image which the City presents to the public. All
employees are expected to maintain dress, grooming, and personal
hygiene standards which are appropriate for their work assignment.
Radical departures from conventional dress or personal grooming and
hygiene standards are prohibited in the workplace or when representing
the City except when specifically authorized by management. Dress
standards shall be set by the managing official, but in the absence of any
departmental dress standards, clothing shall be appropriate for the
functions performed and shall present a professional appearance to the
public.
1.1.2.1. Shoes must provide safe, secure footing, and offer protection
against hazards. Dress shorts in the summer are permitted, as long
as they are not more than two inches above the knee. Mustaches
and beards should be clean and well-trimmed. It is not in the
interest of management to dictate the private rights of its
employees in regards to body piercing, but because of the safety
factors in working machinery and the overall image we want to
present to our constituents, pierced jewelry shall be professional
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and unobtrusive.
1.1.2.2. In the case of known meetings with customers and fellow business
people, the dress should be appropriate for the meeting. If you
are in doubt about what is appropriate in these cases, it is your
responsibility to contact your managing supervisor for direction in
this matter.
1.1.2.3. Employees who do not meet established personal appearance,
dress, or cleanliness standards may be required to leave work, if
necessary, until the problem is corrected. Employees generally
will not be compensated for time lost when they are required to
leave work to comply with established personal appearance
requirements. Repeated violations may result in disciplinary action
up to and including termination of employment.
1.1.3. SHALL dedicate primary efforts to City employment. Individual
departments have the right to establish unacceptable secondary
employment for department personnel.
1.1.4. SHALL avoid conflicts in appointments and working relationships with
other employees in the City and related agencies. No employee shall
engage in conduct which violates Idaho Code § 18-1356 conflict of
interest laws.
1.1.5. SHALL work cooperatively and constructively with fellow workers and
members of the public to provide public service of the highest quality and
quantity.
1.1.6. SHALL show a sincere regard for the feelings and self-respect of others.
Courtesy is more than surface politeness; genuine regard for others is
recognized in the way you treat constituents and staff or answer the
telephone. Tolerance for other people’s shortcomings, as well as
awareness of your own, should be the standard by which employees
interact with each other and the public. Positive and productive
interactions should be the goal of every employee.
1.1.7. SHALL be professional and on task when performing job functions.
Unprofessional behavior, such as “horseplay” detracts from quality of
work, poses a safety risk and will not be tolerated.
1.1.8. SHALL not accept gifts or gratuities in excess of $50.00 in any professional
capacity which could create partiality or the impression of partiality.
1.1.9. SHALL not serve on any board or commission which regulates or
otherwise affects the official duties or personal interests of said official or
employee in a way that could create disadvantage for other members of
the public or advantage for the employee.
1.1.10. SHALL not release personnel information or any other public record
without the express authority of the public official responsible for custody
of the record, without an order from a court of competent jurisdiction, or
an approved request for public information form.
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1.1.11. SHALL not use substances, unlawful or otherwise, which will impair the
employee's ability to function as a valued and competent part of the City
workforce.
1.1.12. SHALL not engage in workplace or public conduct otherwise detrimental
to the accomplishment of the goals established by the Council or the
official or department for whom he/she works.
1.1.13. SHALL respect the workplace and your co-workers that may be sensitive
to fragrances and cologne by limiting the use of these products in the
workplace.
2. WORKPLACE CONDUCT
2.1. Each employee shall be expected to conduct him/herself in the workplace in
accordance with the following rules. These rules are not to be considered an
all-inclusive list of required conduct for City employees. Rather the following
rules are provided to establish fundamental policy guidelines which help define
what is expected and required of all employees. Each employee:
2.1.1. SHALL give his/her best efforts to accomplish the work of the City for
public benefit in accordance with policies and procedures adopted by the
elected officials. Each employee shall be subject to the administrative
authority of the official who supervises the department where the
employee works.
2.1.2. SHALL adhere to any code of ethics in his/her profession and avoid
conflicts of interest or using his/her public position for personal gain.
2.1.3. SHALL follow all rules for care and use of public property to assure that
the public investment in equipment is protected and that the safety of
the public and other workers is maintained.
2.1.4. SHALL abide by all departmental rules whether they be written or issued
verbally by the managing official. No employee shall be required to
follow the directive of a managing official which violates laws of any local
jurisdiction, the state, or nation.
2.1.5. SHALL abide by pertinent State and Federal Statute, and City rules
concerning the dissemination of information to the public from public
records or about public matters. The decision to release information from
the public records or to disclose writings or other information in the
hands of a public official belongs with the responsible official who has
official custody of that record. Each employee shall maintain the
confidential nature of records which are not open to public scrutiny in
accordance with the direction of the responsible official.
2.1.6. SHALL follow rules regarding the reporting of work hours. Failure to
follow such rules may be grounds for delayed payment of wages, salaries,
or reimbursements. Repeated or deliberate violations of time reporting
policy shall result in disciplinary action or termination.
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2.1.7. SHALL follow department rules regarding breaks and lunch periods.
2.1.8. SHALL follow all rules for reporting on the job accidents. Each employee
shall cooperate in the reporting and reconstruction of any job-related
accident in order that workplace hazards can be eliminated and that
proper consideration can be accorded to injured workers and the public.
2.1.9. SHALL report any accident(s) observed to have happened on City property
or involving City property. Each employee shall provide as much
information as he/she can from the observations made in the course of
activities associated with one's work. Such information should be
reported to the employee's managing official as soon as physically
possible and reasonable efforts should be made to assist those in need.
2.1.10. SHALL follow all rules regarding safety in the workplace whether
established formally by the department or by outside agencies.
Employees are encouraged to suggest ways to make the workplace or
work procedures safer.
2.1.11. SHALL maintain a current driver's license when necessary in the conduct
of work for the City. Each employee must report any state-imposed
driving restrictions to his/her managing official. Each employee is also
obligated to notify his/her managing official in the event that his/her
driving abilities are impaired by anything other than state restrictions.
2.1.12. SHALL perform such obligations as are necessary to carry out the work of
the City in an efficient and effective manner at minimal costs and with
limited risk to the public and fellow workers.
3. PROHIBITED WORKPLACE CONDUCT
3.1. These rules are not to be considered an all-inclusive list of inappropriate conduct
for City employees. Rather these rules establish fundamental policy guidelines
which provide a basis to define inappropriate workplace conduct for all
employees. Each employee:
3.1.1. SHALL NOT be present in the workplace under the influence of drugs,
alcohol, illegal substances or other substances which would impair the
ability of the employee to perform his/her work competently or which
would threaten the safety or well-being of other workers or the public.
No employee should be absent from work as a result of the conditions
described above, even though the conduct resulting in the condition
actually occurs outside regular working hours. For further information,
please see the City of Ammon Drug Free Workplace Policy.
3.1.2. SHALL NOT engage in abusive conduct to fellow employees or to the
public, or use abusive language in the presence of fellow employees or
the public. Abusive language shall include profanity and loud or harassing
speech.
3.1.3. SHALL NOT sleep or be absent from the employee's work station when on
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duty.
3.1.4. SHALL NOT engage in malicious gossip and/or spreading rumors; engaging
in behavior designed to create discord and lack of harmony; willfully
interfering with another employee’s work output, horseplay or
encouraging others to do the same.
3.1.5. SHALL NOT use work time for personal business including selling of goods
or services to the general public or preaching religious or political views
to members of the public during the work day. Employees should
minimize the amount of work time spent on similar activities engaged
with fellow employees.
3.1.6. SHALL NOT engage in political activities while on duty in public service.
This rule shall not apply to elected officials or chief deputies to an elected
official. Employees shall enjoy full political rights when not carrying out
their work obligations.
3.1.7. SHALL NOT provide false or misleading information on employment
applications, job performance reports, payroll records or any other
related personnel documents or papers.
3.1.8. SHALL NOT willfully give false statements to the public, managing officials,
the Council or Mayor.
3.1.9. SHALL NOT discriminate in the treatment of co-workers or members of
the public on the basis of race, color, religion, gender, age, disability,
sexual orientation, veteran status, or national origin, or any other
characteristic protected by applicable law.
3.1.10. SHALL NOT smoke, vape, or use any similar substances within any City
vehicle, City building or any other public building. Cigarette butts shall be
properly disposed of by depositing in approved waste containers.
Employees shall smoke only in designated areas.
3.1.11. SHALL NOT allow unlawful substances or alcoholic beverages either
opened or unopened in any City building or vehicle at any time.
3.1.12. SHALL NOT violate state statutes or local rules regarding the inappropriate
use, alteration, destruction, or removal of records kept by the City or by
other public officials, particularly when required by law.
3.1.13. SHALL NOT abuse employee benefit offerings by taking unjustified Paid
Time Off (PTO), unearned paid vacation, or otherwise participate in a
scheme or deception designed to create incorrect personnel records or to
claim benefits which are not deserved in accordance with the City policy.
3.1.14. SHALL NOT violate rules concerning absence from the workplace.
3.1.15. SHALL NOT engage in prolonged visits with co-workers, children, friends,
or family members that will interfere with the course of work in the office
or department in which the employee serves.
3.1.16. SHALL NOT use telephones or computers in the office or workplace in a
manner that violates policy. All employees are responsible to review,
understand, accept and adhere to the City of Ammon Technology Use
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Policy.
3.1.17. SHALL NOT engage in criminal conduct of any kind while on duty or off.
Employees are expected to behave in a lawful and socially acceptable
manner. Failure to do so is a violation of the trust placed in such
employees by the public and the managing officials.
3.1.18. SHALL NOT violate any lawful rule established by managing officials to
maintain order and productivity in the workplace.
3.1.19. SHALL NOT duplicate or misuse City key(s).
3.1.20. SHALL NOT engage in theft or misappropriate City property, equipment,
or resources, nor shall employees engage in time theft by falsifying work
hours, taking unauthorized breaks, or otherwise misreporting time
worked.
4. ROMANTIC RELATIONSHIPS IN THE WORKPLACE
4.1. Purpose: To establish guidelines regarding romantic or intimate relationships
between City of Ammon employees in order to maintain a professional,
respectful, and equitable work environment, prevent potential conflicts of
interest, ensure fair treatment, and avoid perceptions of favoritism or
harassment. This policy applies to all City of Ammon employees, regardless of
position or department. It is consistent with the City's commitment to a
workplace free from discrimination and in accordance with applicable law.
4.1.1. General Expectations: The City of Ammon values a professional and
respectful work environment for all employees. While personal
relationships may develop outside of work, conduct within the workplace
must always maintain professional boundaries. Employees are expected
to exercise good judgment and consider the potential impact of their
personal relationships on the workplace.
4.1.2. Relationships Between Supervisors and Subordinates are Prohibited:
Due to the potential for actual or perceived conflicts of interest,
favoritism, and claims of harassment, romantic or intimate relationships
between employees where one directly or indirectly supervises or
evaluates the other are strictly prohibited. This includes, but is not limited
to, managers, lead workers, and any employee with authority over hiring,
firing, promotion, discipline, assignment of work, or performance
evaluation of another employee.
4.1.2.1. Employees involved in such a relationship must promptly disclose
it to their immediate supervisors and/or the HR Department.
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4.1.2.2. Upon disclosure, the City will take appropriate action, which may
include reassigning one of the employees to a different position or
department where a direct or indirect supervisory relationship no
longer exists. The City will make reasonable efforts to find suitable
reassignments, but there is no guarantee that a reassignment will
be possible. The decision regarding reassignment will be made by
the City, taking into account the best interests of the City and its
workforce. In the event that a reassignment is not possible, one of
the employees will be required to resign from their position within
30 days. The Mayor will make the final decision of who will be
terminated based on the best interest of the City.
4.1.2.3. Failure to disclose such a relationship may result in disciplinary
action, up to and including termination of employment, consistent
with City policy and applicable law.
4.1.3. Relationships Between Co-Workers: While romantic or intimate
relationships between co-workers who are not in a supervisory
relationship are not strictly prohibited, employees involved in such
relationships must:
4.1.3.1. Maintain professional conduct and decorum at all times while on
City premises or engaged in City business.
4.1.3.2. Ensure that the relationship does not disrupt workflow, create
conflicts among other employees, or lead to actual or perceived
favoritism or unfair treatment.
4.1.3.3. Refrain from public displays of affection that are inappropriate for
a professional workplace.
4.1.3.4. Recognize that if the relationship ends, they must continue to
maintain a professional and respectful working relationship. Any
behavior that creates a hostile work environment, as defined by
applicable law, will not be tolerated and may result in disciplinary
action.
4.1.4. Disclosure of Relationships between Non-Supervisory Co-Workers
Encouraged: While not mandated for relationships between
non-supervisory co-workers, employees are encouraged to disclose such
relationships to their supervisor or the HR Department if they believe the
relationship could potentially create a conflict of interest or the
appearance of one, or if they anticipate it might negatively impact the
workplace in any way.
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4.1.5. Responsibility of Employees: It is the responsibility of all employees to
understand and comply with this policy and to conduct themselves in a
manner that upholds the professionalism and integrity of the City of
Ammon workplace.
4.1.6. City's Right to Take Action: The City of Ammon reserves the right to take
appropriate action or disciplinary action, within its discretion, if a
romantic or intimate relationship in the workplace is deemed to create a
conflict of interest, lead to unprofessional conduct, negatively impact the
work environment, or violate this policy or other City policies. Any such
action will be taken in accordance with City policy and applicable law.
4.1.7. Relationship to Other Policies: This policy is in addition to and does not
supersede other City policies, including those related to harassment,
discrimination, ethics, and professional conduct. Employees are expected
to adhere to all City policies at all times
4.2. Definitions:
4.2.1. Romantic or Intimate Relationship: For the purpose of this policy, a
romantic or intimate relationship is defined as a mutually consensual
relationship of a romantic or sexual nature.
4.2.2. Supervisor: Includes any employee who has direct or indirect authority to
supervise, direct, evaluate, or make decisions regarding the terms and
conditions of employment of another employee.
4.2.3. Subordinate: Any employee who is directly or indirectly supervised,
directed, or evaluated by another employee.
5. PROHIBITED DISCRIMINATORY HARASSMENT POLICY
5.1. Policy Statement. The City is committed to providing all of its employees with a
workplace free of discrimination and harassment. The City maintains a strict
policy prohibiting sexual harassment and discrimination on the basis of race,
color, national origin, religion, gender, sex, physical or mental disability, age,
veteran status, sexual orientation, or any other characteristic protected by
applicable law. This prohibition applies to all employees, vendors, associates, or
representatives of the City.
5.1.1. No employee shall tolerate any conduct prohibited by this policy from
anyone while at work or engaged in City business. The employee shall
report any such prohibited behavior to the appropriate managing official.
5.1.2. This policy is not intended to protect anyone who makes a false allegation
of discrimination and harassment. The City reserves the right to take
appropriate disciplinary action against any employee who makes a false
allegation of harassment.
5.1.3. The term bystander refers to an employee that is not directly involved in a
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situation but may witness harassment, discrimination or inappropriate
workplace conduct. Bystanders are encouraged to speak-up and report
this behavior to their supervisor or HR Director.
5.2. Sexual Harassment Defined. Sexual harassment prohibited by this policy
includes conduct of a sexual nature when:
5.2.1. Submission to such conduct is made a term or condition of employment;
or
5.2.2. Submission to or rejection of such conduct is used as a basis for
employment decisions affecting the individual; or
5.2.3. Such conduct has the purpose or effect of interfering with an employee's
work or creating an intimidating, hostile or offensive working
environment.
5.2.4. Whenever one or more of the conditions above exist, the following shall
be considered sexual harassment:
5.2.4.1. Unwanted sexual advances.
5.2.4.2. Offering employment benefits in exchange for sexual favors.
5.2.4.3. Making or threatening retaliation after a negative response to
sexual advances.
5.2.4.4. Visual conduct such as leering, making sexual gestures, displaying
sexually suggestive objects or pictures, cartoons, calendars or
posters.
5.2.4.5. Verbal conduct such as making derogatory comments, epithets,
slurs, jokes or comments of a sexual nature about an employee's
body or dress.
5.2.4.6. Written communications of a sexual nature distributed in hard
copy or via a computer network.
5.2.4.7. Verbal sexual advances or propositions.
5.2.4.8. Verbal abuse of a sexual nature, graphic verbal commentary about
an individual's body, sexually degrading words to describe an
individual, suggestive or obscene letters, notes or invitations.
5.2.4.9. Inappropriate physical conduct such as touching, assault,
impeding or blocking movements.
5.2.4.10. Retaliation for making harassment reports or threatening to
report harassment.
5.2.5. This list is not provided as a complete list, but rather to provide direction
in defining sexual harassment.
5.2.6. Sexual harassment can occur between employees of the same sex. It is
unlawful for males to sexually harass females or other males, and for
females to sexually harass males or other females.
5.3. Other Types of Unlawful Discrimination. The City prohibits discrimination on
the basis of race, color, national origin, religion, gender, physical or mental
disability, age, veteran status, sexual orientation, or any other characteristic
protected by applicable law. Such prohibited discrimination includes but is not
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limited to the following examples of offensive conduct:
5.3.1. Verbal conduct such as threats, epithets, derogatory comments or slurs.
5.3.2. Visual conduct such as derogatory posters, photographs, cartoons,
drawings or gestures.
5.3.3. Written communications containing statements, which may be offensive
to individuals in a particular protected group, such as racial or ethnic
diverse stereotypes or caricatures.
5.3.4. Physical conduct such as assault, unwanted touching or blocking normal
movement.
5.3.5. Retaliation for making or threatening to make harassment reports to the
City.
6. DRUG AND ALCOHOL FREE WORKPLACE POLICY
6.1. Policy Statement. The City of Ammon has a responsibility to its employees and
to the public at large to see that its employees are both drug and alcohol free
while on duty. This responsibility comes in light of studies showing that
employees who are under the influence of drugs or alcohol while at work are
more likely to cause accidents and injuries to themselves and to co-workers, as
well as to the public at large. This policy shall prohibit the use of any illegal drug
as identified by the Idaho Code, irrespective of the legality of any drug in other
States. The terms of this Drug and Alcohol Free Workplace Policy are intended to
produce a work environment where employees are free from the effects of
drugs, as defined by the Idaho Code and/or alcohol. Employees should be aware
that the provisions of this policy may be revised when necessary. The City
believes that by having the provisions of this Drug and Alcohol Free Workplace
Policy its employees will enjoy the benefits of working in a safer and more
productive work environment. For the purpose of this policy, safety-sensitive
employees shall be defined as employees whose duties are fraught with such
risks of injury to others that even a momentary lapse of attention can have
disastrous consequences, or can cause great human loss before any signs of
impairment become noticeable to supervisors or others. Safety-sensitive jobs
include (but are not limited to): police officers who carry firearms; employees of
wastewater treatment plants, if they are required to perform tasks which require
them to handle hazardous chemicals; employees who handle hazardous
materials; employees who are required to hold a Commercial Driver’s License
(CDL) or drive a commercial vehicle.
6.2. Introductory Provisions
6.2.1. Applicability. This policy shall apply to all prospective and current
employees of the City, including those employees who operate
commercial vehicles for the City (hereafter referred to as “drivers”).
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Questions regarding this policy should be directed to the employee’s
Department Head or to the designated Human Resource person within
the City. A copy of this policy is available to all employees.
6.2.2. Possession, Use, or Distribution of Illegal Drugs or Alcohol. The
possession, use, purchase, sale, or distribution of illegal drugs as defined
in the Idaho Code (meaning those drugs for which there is no generally
accepted medical use; i.e. marijuana, cocaine, methamphetamine, PCP)
or drug paraphernalia by an employee in a City vehicle, at a job site, on
City property, or during work hours, is strictly prohibited, regardless of
the legality of such drug in other jurisdiction. Any employee violating this
prohibition will be terminated. The City also has a prohibition against
employee use of illegal drugs, as defined by the Idaho Code, off the
worksite regardless of the legality of such drug in other jurisdictions. An
employee's off the job use, manufacture, purchase, possession, sale, or
distribution of illegal drugs, or drug paraphernalia that results in criminal
charges being brought against the employee will result in the employee
being requested to submit to drug testing and may result in the employee
being suspended from work without pay. Any employee convicted of a
criminal drug statute will be terminated from employment.
6.2.3. Employee’s Use of Alcohol. The City is committed to ensuring that
employees are not at work while under the influence of alcohol.
Therefore, employees are not to consume alcohol within four (4) hours of
reporting to work. Employees are also not to report to work or remain at
work while under the influence of alcohol, meaning their having a blood
alcohol concentration (BAC) greater than .01. Employees are prohibited
from using or possessing alcohol while on duty.
6.3. Drug or Alcohol Testing Required of Employees.
6.3.1. Pre-Employment Testing.
6.3.1.1. All prospective safety-sensitive employees shall be tested for
drugs and alcohol.
6.3.1.2. All prospective drivers must disclose to the City any previous
employers for whom they have worked as a CDL employee within
the previous two (2) years. The City will then request from those
employer’s information regarding any incidents where a
prospective driver has tested positive for illegal drugs or alcohol,
or refused to test, within the previous two (2) years. In the event
the City receives information from a former employer that the
prospective driver has tested positive for drugs or alcohol within
the previous year, that prospective driver will not be offered
employment or his/her conditional employment with the City will
be terminated. Any driver who is found to have previously tested
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positive for illegal drugs or alcohol and who is hired by the City
must show that he/she has been evaluated by a Substance Abuse
Professional and was found to be not drug or alcohol dependent.
It will be the City's responsibility to ensure that any required
follow-up tests of such drivers are conducted as required by
Department of Transportation (DOT) regulations. For the purpose
of pre-employment testing, illegal drugs and alcohol shall mean
any use inconsistent with the policy regardless of the legality in
any other jurisdictions.
6.3.2. Post Accident Testing. Any employee operating a City-owned vehicle or
equipment that is involved in an accident that results in damage, results
in bodily injury, or results in a police report being filed, must be tested for
drugs and alcohol. Refer to the Vehicle, Equipment Use and Driving Safety
Policy.
6.3.3. Random Testing. Safety-sensitive employees will be subject to random
drug and alcohol testing. Elected officials and members of the boards
and commissions that are appointed by the mayor are not required to be
drug/alcohol tested. Random testing selections will be unscheduled and
will be made by a scientifically valid method of selection where every
safety-sensitive employee is equally subject to being tested. Random
testing for alcohol will take place prior to, during, or immediately
following an employee's duty time.
6.3.4. Reasonable Cause Testing. The City will require an employee to be tested
for alcohol and/or illegal drugs, regardless of the legality of a drug in
another jurisdiction, if the employee's physical appearance or pattern of
behavior gives City officials reason to believe the employee may be
impaired. The basis of suspicion may be a specific, contemporaneous
event or conduct evidencing impairment observed over a period of time.
6.3.5. Specimen Collection Procedures/Test Result Notification.
6.3.5.1. Submission of an Adulterated or Diluted Specimen. If the
collection monitor determines that an employee has submitted an
adulterated or diluted specimen, that specimen will be discarded
and a second specimen will be requested. It will be the second
specimen that will then be tested. If the request for a second
specimen is refused, the collector will inform the City of the
employee's refusal to submit an acceptable specimen. Such
refusal will result in either a prospective employee not being
offered employment or a current employee being terminated with
the City.
6.3.5.2. Drug Testing Methods. Testing for drugs will be done by the
testing of an employee's urine specimen, or saliva specimen if a
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urine specimen cannot be produced. Drug testing of drivers may
utilize the split specimen collection procedure, which may be on
or off city premises. Under that procedure, a driver will have
his/her urine specimen sealed in two separate containers with
both containers tested by a SAMHSA certified laboratory.
6.3.5.3. Positive Test. If an employee’s first specimen tests positive that
employee may request within three (3) days of the positive
notification that the other specimen be tested at a second
SAMHSA laboratory. This second test will be done at the
employee's expense, unless the second test comes back negative.
During the time the second specimen is being tested, that driver
will be suspended without pay. Any employee whose specimen
screens positive for the presence of illegal drugs will have their
positive test confirmed by the Gas Chromatography/Mass
Spectrometry (GC/MS) confirmation method. Any employee who
tests positive for illegal drugs may request the same specimen be
retested at their expense. This request must be conveyed to the
City within forty-eight hours (48) of the employee being notified
of the positive test result. During the time the second test is being
conducted, the employee will be suspended without pay. Any
employee who is given an alcohol test will be given an initial test
and, if they test at or above .01 BAC, a confirmation test will be
performed no sooner than 15 minutes after the first test. The
confirmation alcohol test will be done by the use of a breath
testing device.
6.3.5.4. Refusal. An employee may not refuse to take a drug or alcohol
test when requested to do so consistent with the terms of this
policy. Such a refusal will be considered equivalent to their testing
positive. An employee will be considered as refusing to test if
they:
6.3.5.4.1. Expressly refuse to take a test when so requested;
6.3.5.4.2. Fail to provide an adequate breath, saliva, or urine sample
without a valid explanation; or,
6.3.5.4.3. Engage in conduct that clearly obstructs the testing
process.
6.3.6. Notification of Test Results.
6.3.6.1. All drug test results will be forwarded to the City through an
authorized and licensed testing agency, as the representative of
the Medical Review Officer (MRO). The MRO will follow up on
such information, as is deemed appropriate.
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6.3.6.2. If the MRO finds no reason to doubt the validity of the positive
test, that result will be conveyed to the City contact, as well as,
the identity of the drug. If the employee cannot be located, the
MRO, or his representative, may request that the City arrange for
the employee to contact the MRO, as soon as possible, to discuss
the results of the positive test. The MRO will communicate a
positive result to the City without discussing the result with the
employee if the employee expressly declines the opportunity to
discuss the results of the test, or if the employee is instructed by
the City to contact the MRO yet fails to do so within five (5) days
of that notification.
6.3.6.3. Any employee who tests positive will be given the opportunity to
discuss the results with the staff of the authorized and licensed
testing agency, prior to the City taking disciplinary action. In
talking with any such individual, the staff of the authorized and
licensed testing agency will follow up on all information deemed
necessary to resolve the employee’s positive drug test. If it is
determined that a prescription drug was the cause of the positive
test, the employee’s test will be reported as negative.
6.3.7. Testing Positive for Drugs.
6.3.7.1. Any prospective employee who tests positive for the presence of
illegal drugs and/or alcohol, as defined in this policy, will not be
hired.
6.3.7.2. Any current employee who tests positive for the presence of
illegal drugs as defined by this policy, will be terminated from
employment with the City.
6.3.8. Testing Positive for Alcohol.
6.3.8.1. Any current employee who tests positive for alcohol with a blood
alcohol content (BAC) .04 and above will be terminated from
employment with the City.
6.3.8.2. An employee is considered as testing positive for alcohol when
their blood alcohol content (BAC) is .01 or above. If any employee
tests between .01 and .039 BAC that employee will not be allowed
to return to work for 24 hours from the time of the test and shall
not operate any city vehicle or equipment following their positive
test. Any employee who tests twice between .01 and .039 BAC
within 12 months will be terminated.
6.3.9. Returning to Employment After a Positive Test
6.3.9.1. All employees who previously tested positive on a drug or alcohol
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test may be provided an opportunity to re-enter the workforce by
the City. To do so, the employee must agree to re-entry conditions
that ensure the employee is drug and alcohol free. Such
conditions may include (but are not limited to):
6.3.9.1.1. A release-to-work from an approved Substance Abuse
Professional (SAP).
6.3.9.1.2. A negative test for drugs and/or alcohol.
6.3.9.1.3. An agreement to submit to unannounced follow-up
testing.
6.3.9.1.4. Must agree to comply with all after-care requirements
outlined in the re-entry agreement - such as treatment,
counseling, or other support measures, with the
understanding that any violation may result in termination
of employment.
6.3.10. Drug and Alcohol Clearinghouse
6.3.10.1. For employees that maintain a Commercial Driver License (CDL) as
requirement of their position, the City of Ammon or its agents will
report the following information about the driver to the
Clearinghouse:
6.3.10.1.1. A verified positive, adulterated, or substituted controlled
substance test result;
6.3.10.1.2. An alcohol confirmation test with a concentration of 0.04
or higher;
6.3.10.1.3. A refusal to submit to a test;
6.3.10.1.4. An employers report of actual knowledge of on duty
alcohol use, pre-duty alcohol use, post-accident alcohol
use, and controlled substance use;
6.3.10.1.5. A SAP report of the successful completion of the
return-to-duty process;
6.3.10.1.6. A negative return-to-duty test; and
6.3.10.1.7. An employer’s report of completion of follow-up testing.
6.3.10.2. A query will be conducted of the Clearinghouse at least once per
year for all drivers with a CDL. In lieu of a full query the company
may obtain a written consent to conduct a limited query. If the
limited query indicates that drug or alcohol violation information
about the driver exists in the Clearinghouse, FMCSA will not
disclose that information without first obtaining additional specific
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consents. If a CDL driver refuses to provide consent to conduct a
limited query they will be terminated from employment. The City
of Ammon may also conduct additional queries of the
Clearinghouse to determine whether a record exists for any
particular CDL driver after obtaining that driver’s written or
electronic consent.
6.3.10.3. A CDL driver will be notified by letter sent by U.S. Mail to the
address on record with the State Driver Licensing Agency when
information concerning that driver has been added to, revised,
released, or removed from the Clearinghouse (alternative means
for notification, including electronic email, can be provided when
a driver registers on the Clearinghouse). Also, a driver may
challenge only the accuracy of information reporting, not the
accuracy of test results or refusals. Additional driver resources
concerning the Clearinghouse can be found
at-https://clearinghouse.fmcsa.dot.gov/.
7. VEHICLE, EQUIPMENT USE, AND DRIVING SAFETY POLICY
7.1. Policy Statement. This Policy outlines the use of vehicles and/or equipment for
work used on behalf of the City of Ammon. For the purpose of this policy,
vehicles shall be defined as any vehicle that requires a driver’s license pursuant
to Idaho State driving regulations. Equipment shall be defined as any mechanical
apparatus that requires steering or guidance to be operated, which may or may
not require a driver’s license.
7.1.1. Operators of City of Ammon owned or leased motor vehicles and/or
equipment shall always drive safely, legally and courteously, remembering
that they are directly responsible for maintaining both City of Ammon
owned property and public trust.
7.1.2. The City of Ammon is committed to providing our employees the safest
work environment possible that protects our employees, citizens, and to
also contribute to the wellbeing of their families and the community
whenever possible. This Vehicle Equipment Use and Driving Safety Policy
is intended to provide our employees with knowledge and guidelines to
keep them and others safe while driving.
7.1.3. The City of Ammon encourages all employees to utilize the information in
this policy even when 'off the clock'. The objectives of this policy are
threefold:
7.1.3.1. To save lives and to reduce the risk of life-altering injuries to our
employees, their families and others in the community;
7.1.3.2. To protect personal and financial resources; and
7.1.3.3. To guard against potential liabilities associated with vehicle
accidents involving employees while driving on City time.
7.1.4. Employees are expected to operate vehicles and/or equipment safely. The
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City of Ammon considers the use of vehicles and/or equipment part of
the working environment.
7.2. Applicability.
7.2.1. This policy applies to all employees and City Volunteers that must drive
for work purposes. Any employee that drives a vehicle (city or personal)
while performing duties on behalf of the City of Ammon must follow the
rules and regulations stated in this policy and those covered in training
sessions. For the purposes of this policy, volunteers are those that
volunteer on a regular basis, not one-time volunteers.
7.2.2. Vehicles and/or equipment owned or leased by the City of Ammon are to
be used for the functions of City of Ammon. Personal use or any other
type of use must be authorized by the employee’s supervisor and the City
Administrator.
7.2.3. Some employees may be assigned a vehicle that is driven home; such
personal use, if allowed, may be a taxable benefit. When applicable, the
taxable benefit rate shall be calculated at the current Internal Revenue
Service business mileage rate.
7.2.4. Vehicles and/or equipment over 26,000 gross vehicle weight, buses, and
vans over 15 passengers require a commercial driver’s license (CDL). The
City of Ammon recognizes that certain drivers are exempted by State
Statute 49-302-3; it shall be the determination of each Department Head
to which the Statute applies to determine the requirement for those
employees, regarding a CDL.
7.3. Driver Eligibility. Employees who drive City vehicles or drive personal vehicles for
City-related work must have prior authorization. The process to become an
authorized driver consists of the following steps:
7.3.1. Employee must possess a valid Idaho driver’s license, or, if from out of
state they must obtain one within 30 days (per the Idaho Department of
Motor Vehicles).
7.3.2. Drivers must be at least 17 years of age.
7.3.3. Request to Add/Remove Driver Request Form must be submitted to the
HR Department with a photocopy of driver’s license.
7.3.4. Employees may be required to complete a Driving Safety Training
Program taught by an approved presenter for the safety program.
7.3.5. Prior to being hired, the HR Department shall obtain all records on a
prospective employee from the Idaho Repository and any other
background database that lists any traffic violations. If in the opinion of
the City Administrator a person’s driving record indicates excessive
violations, the Department Head shall be notified prior to hiring and may
impose a probationary period. Prospective employees required to have a
CDL that do not pass the Federal Motor Carrier Safety Administration
(FMCSA) Clearinghouse check may not be considered for employment.
7.3.6. Employees must sign a New Driver Contract with the City of Ammon.
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7.3.7. Should an employee’s driver’s license expire, be revoked or suspended,
the employee shall immediately notify his or her supervisor. At the time
of the suspension, the employee’s City of Ammon vehicle-use privileges
will be suspended until the employee’s driver’s license has been fully
restored and validated. A long term suspension of an employee’s driver’s
license may require that an employee be terminated.
7.4. Training. The City of Ammon believes strongly in the value of its employees,
their families, and the community. Additional training (review) may be provided
annually, as needed. Authorized drivers may be required to attend driving safety
training sessions. This training will be carried out by an authorized safety person
and shall be scheduled as needed. Date and location of training sessions will be
provided in advance.
7.5. Driver Contracts. All authorized drivers will be required to sign a New Driver
Contract Form acknowledging their awareness and understanding of the City of
Ammon's driving safety policy regarding driving record checks, driver
performance, driving safety rules, vehicle maintenance and procedures for
reporting of any traffic violations or accidents. Driver’s Contracts shall be
completed with the employees New Employee Paperwork and must be
completed prior to the issuance of their first paycheck. Employees should
understand that a GPS tracking device may be installed on any City vehicle.
Actions of an employee not consistent with the employee’s job requirements or
duties may result in disciplinary actions including but not limited to termination.
7.6. Authorization. After an employee has met all requirements of this policy to
become an authorized driver, the HR Department will authorize the employee for
driving privileges and notify the Department Head. Any changes that might
affect driver’s authorization (driving accident, ticket, license suspension, etc.)
must immediately be made known to the employee’s immediate supervisor and
immediately relayed to the HR Department by the Department Head. All steps
will be taken to determine appropriate action and if a change is necessary to
driver's authorization status.
7.7. Driving Safety Rules. The following driving safety rules shall apply to all City
employees when driving a City of Ammon vehicle or a personal vehicle when
performing duties on behalf of the City of Ammon. Failure to abide by the
driving safety rules could result in the loss of driving privileges, disciplinary
action, and/or termination of employment.
7.7.1. Driver must follow all traffic laws and regulations.
7.7.2. Driver should familiarize themselves with the vehicle or equipment they
are going to drive or operate before use. They should know where all
instruments are in the cab and location of turn signals, lights, wipers,
flashers, emergency brake, etc. Seat and mirrors must also be adjusted.
7.7.3. Driver should confirm that insurance information is located in the glove
box before using vehicle.
7.7.4. All employees and passengers are required to wear seat belts.
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EXCEPTION: Those persons meeting the exemptions of Idaho State Code
49-673-(2) shall be exempt from this requirement.
7.7.5. Driver should drive at an appropriate speed for the road conditions. This
means that in some situations (rain, snow, etc.) drivers should drive
slower than the posted speed limit.
7.7.6. Driver should not engage in aggressive driving acts. This would include,
but not be limited to, tailgating, excessive speed, failing to signal
intentions, running red lights, passing on right and making rude
“gestures” to other drivers.
7.7.7. Authorized Driver must ensure that all passengers are compliant with the
requirements of the Personnel Policy Manual
7.7.8. In addition to the employee assigned or permitted to drive a City of
Ammon vehicle or equipment, he or she may allow others, as necessary,
to operate the vehicle if they have a valid driver’s license and are 25 years
of age or older. Vehicles assigned to employees to be taken home shall
not be operated by a driver other than the employee assigned or
permitted for any use other than City Business.
7.7.9. Driver should never leave keys in the vehicle or leave the vehicle
unattended while the engine is running.
7.7.10. Driver should park the vehicle in such a manner that eliminates backing
out whenever possible. Drivers are encouraged, but not required, to park
their personal vehicles in the same manner.
7.7.11. Unless for safety reasons, never attempt to push or pull another vehicle.
This policy relates to privately owned vehicles.
7.7.12. Never transport hazardous (flammable, toxic, etc.) materials unless
required by the job and using appropriate vehicles and all necessary
precautions.
7.7.13. Smoking, vaping, or use of any similar substance is not allowed in City
vehicles.
7.7.14. Drivers shall not eat while driving.
7.7.15. Drivers shall not use handheld devices while driving. Hands-free devices
are permitted. This does not apply to two-way radios when being used
for audio communication on official City business.
7.7.16. Drivers should not attempt to perform any type of personal grooming
while driving.
7.7.17. Alcohol and drugs are not allowed in City vehicles.
7.7.18. Drivers should not operate a vehicle or equipment anytime their ability to
drive is impaired or affected by such things as fatigue, illness, injury,
medication, etc.
7.7.19. Vehicles must not be left idling with no benefit to the public when parked
or not in use to conserve fuel and save public funds.
7.8. Personal Vehicle Use.
7.8.1. In addition to the other policies required by this section, Employees who
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drive their personal vehicles and/or equipment on City business are
subject to the requirements of this policy including:
7.8.1.1. Maintaining auto liability insurance with minimum state limits.
7.8.1.2. Providing proof of liability insurance to the City Clerk on an annual
basis.
7.8.1.3. Maintain vehicle in a safe operating condition when driven on City
business.
7.8.1.4. If driving a personal vehicle, employee's insurance is primary. In
some cases, City of Ammon's insurance will provide secondary
coverage.
7.9. Condition of Vehicle.
7.9.1. Driver Inspection. Employees should inspect all vehicles before driving.
Any needed repairs or problems that could be a potential danger should
be reported to the immediate supervisor and the vehicle should not be
driven. The supervisor shall forward the information to an authorized
service agent so that maintenance or repairs can then be performed
before use of the vehicle will be allowed.
7.9.2. Fueling. Driver is responsible for refueling the vehicle, as needed, before
returning it to parking. All vehicles shall be refueled at the City’s fuel
station whenever the vehicle is in the local area. Check with the Finance
Director for gas credit card and refueling procedures when traveling
outside of the local area. No personal purchases shall be made on City
cards.
7.9.3. Regular Maintenance. Employees, who operate City vehicles or have
been assigned specific equipment to operate, are responsible for normal
upkeep and repairs. Needed maintenance should be scheduled with an
authorized service agent or under some circumstances the request should
be submitted to the immediate supervisor.
7.9.4. Cleanliness. Drivers should keep vehicles clean. Any debris, food, drink
cups, or other items should be removed and disposed of properly at the
end of use.
7.10. Financial Responsibility.
7.10.1. Drivers are responsible for any at-fault tickets, accidents and violations
incurred while they are driving. This also includes payment of fines or
other financial costs (insurance deductible, repairs, etc.) incurred as a
result of such tickets, accidents and violations.
7.10.2. Drivers are responsible for replacement cost for lost keys, locksmith cost
for opening locked doors, replacement cost for lost keyless entry device
and any other such cost as a direct result of their actions.
7.10.3. Drivers will be financially responsible for cleaning vehicles returned dirty
beyond normal use.
7.11. Accident Procedures. If involved in an accident, regardless of severity, call local
authorities. When an accident occurs, the driver shall do the following:
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7.11.1. Get medical attention if necessary.
7.11.2. Notify your immediate supervisor as soon as possible thereafter.
7.11.3. Provide first aid only when necessary and only to the extent you are
trained.
7.11.4. Stay calm and don't engage in arguments or physical altercations.
7.11.5. Do not admit fault or make any accusations of guilt.
7.11.6. If possible, take pictures of the accident.
7.11.7. Make notes about the accident including as much information as you can.
(Other drivers full name, license number, plate number, phone number,
address and insurance company).
7.11.8. Never provide your home address or phone number. Provide the City of
Ammon's information.
7.11.9. Be honest and cooperative with police.
7.11.10. Only discuss the situation with the police, City of Ammon officials, or
representatives of the ICRMP Claims Department.
7.11.11. If driving a personal vehicle, contact your insurance company.
7.11.12. Complete accident report form and provide a copy to your immediate
supervisor.
7.12. Accident Investigation.
7.12.1. Any employee operating a City-owned vehicle or equipment that is
involved in an accident that results in damage, results in bodily injury, or
results in a police report being filed, must be tested for drugs and alcohol.
Department heads and immediate supervisors shall be responsible for
ensuring the drug test procedure is initiated no later than one (1) hour
after the accident occurs.
7.12.2. Drivers who are involved in an accident may be placed on temporary
suspension. Employees placed on temporary suspension, should not
drive again for City business until after completion of an investigation by
the HR Department.
7.12.3. The driver's immediate supervisor will be notified of the outcome of the
investigation and if the driver's authorization is denied, restored or if
additional driver training will be required before authorization is granted.
7.12.4. The driver's immediate supervisor will be responsible for determining the
corrective/disciplinary action taken if the accident is determined to have
been preventable or their fault.
7.13. Roadside Assistance. If a driver experiences trouble with the vehicle they should
pull over and out of traffic. Move as far from danger as possible. Call their
immediate supervisor or their designee and inform them of the situation. If
unable to contact the supervisor, please refer to the card provided in the glove
compartment of each city vehicle. The supervisor or the emergency contact will
make or authorize the driver to make the necessary arrangements to pick the
driver up and to have the vehicle repaired or towed if needed.
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8. TECHNOLOGY USE POLICY
8.1. Policy Statement. This document provides policy for the City of Ammon
(hereafter referred to as ‘the City’) by defining acceptable use conditions for
employees when using City office equipment, including information technology,
for both limited personal reasons and City business.
8.1.1. This policy establishes both privileges and responsibilities for employees
in the City. It recognizes these employees as responsible individuals who
are the key to making the City more responsive to its citizens. It allows
employees to use City office equipment for non-City purposes when such
use involves minimal additional expense to the City, is performed on the
employee’s non-work time, does not interfere with the mission or
operations of the City and does not violate ethical conduct for employees.
8.1.2. Taxpayers have the right to depend on the City to manage their tax dollars
wisely and effectively. Public confidence in the productiveness of the City
is increased when members of the public are confident that it is well
managed and assets are used appropriately. The relationship between
the City and its employees who administer the functions of the City is one
based on trust. Consequently, employees are expected to follow rules and
regulations and to be responsible for their own personal and professional
conduct. It is expected that employees shall put forth honest effort in the
performance of their duties.
8.1.3. In return, employees are provided with a professional supportive work
environment. They are given the tools needed to effectively carry out
their assigned responsibilities. Allowing limited personal use of these
tools helps enhance the quality of the workplace and helps the City to
retain highly qualified and skilled workers.
8.1.4. This policy does not supersede any other applicable law or higher level
directive or policy.
8.2. Authorized Use. City employees may use City office equipment for authorized
purposes only. As set forth below, limited personal use of City office equipment
by employees during non-work time is considered to be an "authorized use" of
City property.
8.3. Definitions.
8.3.1. Privilege. In the context of this policy, privilege means that the City is
extending the opportunity to its employees to use City property for
personal use in an effort to create a more supportive work environment.
However, this policy does not create the ‘right’ to use City office
equipment for non-City purposes. Nor does the privilege extend to
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modifying such equipment, including loading personal, or downloaded
software, and/or making configuration changes, except for necessary
updates to already installed software.
8.3.2. City office equipment including information technology. City office
equipment, including information technology, includes but is not limited
to: personal computers and related peripheral equipment and software,
telephones, facsimile machines, photocopiers, office supplies, internet
connectivity and access to internet services, and e-mail. This list is not
intended to limit City office equipment to the above, but rather is
provided to show examples of office equipment as envisioned by this
policy. City department managers may include additional types of office
equipment.
8.3.3. Minimal additional expense. Minimal additional expense means that
employees’ personal use of City office equipment is limited to those
situations where the City is already providing equipment or services and
the employee’s use of such equipment or services will not result in any
additional expense to the City or the use will result in only normal wear
and tear or the use of small amounts of electricity, ink, toner or paper.
Examples of minimal additional expenses include, making a few
photocopies in black and white, using a computer printer to print out a
few pages of material in black and white, making occasional brief
personal phone calls, infrequently sending personal email messages, or
limited use of the internet for personal reasons. Personal copies or
printouts in color must be pre approved by the appropriate department
head.
8.3.4. Employee non-work time. Employee non-work time means times when
the employee is not otherwise expected to be addressing official
business. Employees may for example - use City office equipment during
their own off-duty hours such as before or after a workday (subject to
local office hours), lunch periods, authorized breaks, or weekends or
holidays (if their duty station is normally available at such times).
8.3.5. Personal use. Personal use means activity that is conducted for purposes
other than accomplishing official or otherwise authorized activity. Users
are specifically prohibited from using City office equipment to maintain or
support a personal private business. Examples of this prohibition include
employees or officials using a City computer and internet connection to
run a travel business or investment service. The ban on using City office
equipment to support a personal private business also includes
employees or officials using City office equipment to assist relatives,
friends, or other persons in such activities. Users may, however, make
limited use under this policy of City office equipment to check their
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personal investments, or to communicate with nonofficial outside
contacts such as a family member, friend or even a volunteer charity
organization (examples).
8.3.6. Information technology. Information technology is defined as any
equipment or interconnected system or subsystem of equipment that is
used in the automatic acquisition, storage, manipulation, management,
movement control, display, switching, interchange, transmission, or
reception of data or information.
8.4. Specific Provisions on Use of Equipment and Services.
8.4.1. All office equipment and software necessary for conducting City business
is to be provided and installed by approved personnel. Personal software
or software downloaded from the internet, other than necessary updates
for already installed software, is not to be installed on City equipment
without proper approval.
8.4.2. Employees are authorized limited personal use of City office equipment.
This personal use must not result in loss of employee productivity or
interference with official duties. Moreover, such use should incur only
minimal additional expense to the City in areas such as:
8.4.2.1. Communications infrastructure costs: i.e. telephone charges,
telecommunications traffic, etc.
8.4.2.2. Use of consumables in limited amounts: i.e. paper, ink, toner, etc.
8.4.2.3. General wear and tear on equipment.
8.4.2.4. Data storage on storage devices.
8.4.2.5. Transmission impacts with moderate e-mail message sizes such as
emails with small attachments.
8.5. Personal Use. City employees are permitted limited use of City office equipment
for personal needs if the use does not interfere with official business and
involves minimal additional expense to the City. This limited personal use should
take place during the employee’s non-work time. This privilege to use City office
equipment for non-City purposes may be revoked or limited at any time. This
policy in no way limits personnel in the use of City office equipment, including
information technology, for official City activities.
8.6. Inappropriate Personal Uses.
8.6.1. All users are expected to conduct themselves professionally in the
workplace and to refrain from using City office equipment for activities
that are inappropriate. Misuse or inappropriate personal use of City office
equipment includes, but is not limited to the following:
8.6.2. Any unprofessional use of City office equipment. For example, the
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creation or use of inappropriate or personal desktop icons, images,
wallpapers or screensavers detract from a professional working
environment.
8.6.3. Any personal use that could cause congestion, delay, or disruption of
service to any City system or equipment.
8.6.4. Using the City systems as a staging ground or platform to gain
unauthorized access to other systems.
8.6.5. The creation, copying, transmission, or retransmission of chain letters or
other unauthorized mass mailings regardless of the subject matter.
8.6.6. Using City office equipment for activities that are illegal, inappropriate, or
offensive to fellow employees or the public. Such activities include, but
are not limited to: hate speech, or material that ridicules others on the
basis of race, creed, religion, color, sex, disability, national origin, or
sexual orientation.
8.6.7. The creation, download, viewing, storage, copying, or transmission of
sexually explicit or sexually oriented materials.
8.6.8. The creation, download, viewing, storage, copying, or transmission of
materials related to illegal gambling, illegal weapons, terrorist activities,
and any other illegal activities or activities otherwise prohibited, etc.
8.6.9. Use for commercial purposes or in support of "for-profit" activities or in
support of other outside employment or business activity (e.g. consulting
for pay, sales or administration of business transactions, sale of goods or
services).
8.6.10. Engaging in any outside fundraising activity, endorsing any product or
service, participating in any lobbying activity, or engaging in any
prohibited partisan political activity.
8.6.11. Use for posting agency information to external newsgroups, bulletin
boards or other public forums without authority. This includes any use
that could create the perception that the communication was made in
one’s official capacity as a City employee, unless appropriate approval has
been obtained. This also includes uses or communications at odds with
the City’s mission or positions.
8.6.12. Any use that could generate more than minimal additional expense to the
City.
8.6.13. The unauthorized acquisition, use, reproduction, transmission, or
distribution of any controlled information including computer software
and data, that includes privacy information, copyrighted, trademarked or
material with other intellectual property rights (beyond fair use),
proprietary data, or export controlled software or data.
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8.7. Proper Representation.
8.7.1. It is the responsibility of employees to ensure that they are not giving the
false impression that they are acting in an official capacity when they are
using City office equipment for non-City purposes. If there is expectation
that such a personal use could be interpreted to represent the City, then
an adequate disclaimer must be used. One acceptable disclaimer is: “The
contents of this message are mine personally and do not reflect any
position of the City of Ammon.”
8.8. Access Management and Security.
8.8.1. Users must not use other users’ passwords, user ids, or accounts or
attempt to capture or guess other users’ passwords. Users must not hide
their identity for malicious purposes or assume the identity of another
user.
8.8.2. Users must not attempt to access restricted files or portions of operating
systems, security systems, or administrative systems to which they have
not been given authorization. Accordingly, users must not access without
authorization: electronic mail, data, programs, or information protected
under state and federal laws. Users must not release another person’s
private or restricted information.
8.8.3. Users must:
8.8.3.1. Follow established procedures for protecting City assets and data,
including managing passwords.
8.8.3.2. Protect the physical and electronic integrity of equipment,
networks, software and accounts on any City equipment.
8.8.3.3. Not open email from unknown senders or email that seems
suspicious.
8.8.3.4. Not knowingly introducing worms or viruses or other malicious
code into any system, nor disable protective measures: i.e.
antivirus, spyware firewalls.
8.8.3.5. Not install unauthorized software.
8.8.3.6. Not send restricted or confidential data over the internet or
outside the City network unless appropriately protected.
8.8.3.7. Not connect unauthorized equipment or media, which includes
but is not limited to: laptops, thumb drives, removable drives,
wireless access points, PDAs, tablets, phones, mp3 players, or
similar devices.
8.8.3.8. Users have no inherent right to use City office equipment.
Therefore, all departments will establish appropriate controls to
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ensure that the equipment is used appropriately.
8.9. Privacy Expectations.
8.9.1. Users do not have a right, nor should they have an expectation, of privacy
while using any City office equipment at any time, including accessing the
internet or using email. By using City office equipment, users imply their
consent to disclosing the contents of any files or information maintained
or passed through City office equipment.
8.9.2. By using this office equipment, consent to monitoring and recording is
implied with or without cause, including (but not limited to) accessing the
internet or using email. Any use of City communications resources is
made with the understanding that such use is generally not secure, is not
private, and is not anonymous.
8.9.3. System managers may employ monitoring tools to detect improper use.
Electronic communications may be disclosed within the City to employees
or officials who have a need to know in the performance of their duties.
City officials, such as the Mayor, City Council members, system managers
and/or supervisors, may access any electronic communications. If any
equipment is being used in a manner believed to be a violation of the law,
the same will be reported to law enforcement.
8.10. Sanctions for Misuse.
8.10.1. Unauthorized or improper use of City office equipment may result in loss
of use or limitations on use of equipment, disciplinary action or dismissal
as well as possible criminal penalties and/or users being held financially
liable for the cost of improper use. Sanctions for misuse shall be
determined as appropriate based on the offense by the employee’s
Department Head and the City Administrator. Sanctions will result in
formal action up to and including termination. In some instances, the
determination will be referred to the Mayor and City Council.
9. SOCIAL MEDIA POLICY
9.1. Policy Statement.
9.1.1. This policy provides guidelines for the use, management, administration
and oversight of the City of Ammon-owned social media for official use. It
also provides guidelines for employees’ personal use of social media both
at work and off-duty.
9.1.2. For purposes of this policy, social media is content created by individuals
using accessible and scalable technologies through the internet. Social
media comes in many forms and includes any method that facilitates
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electronic communications, including internet forums, blogs, online
profiles, wikis, podcasts, pictures, video, email, instant messaging, music
sharing, voice over IP, as well as social websites or online communities for
business and personal use, such as Facebook, LinkedIn, Twitter, Yelp,
YouTube, Flickr, Google+, Pinterest, message boards and chat rooms,
among others.
9.1.3. Nothing in this policy is intended to prohibit or infringe upon any
communication, speech or expression that are protected or privileged
under the law. This includes speech and expression protected under state
and federal constitutions as well as labor or other applicable laws. For
example this policy does not limit an employee from speaking as a private
citizen regarding public issues. The City of Ammon recognizes the right of
employees to write blogs and use social networking sites and does not
want to discourage employees from self-publishing and self-expression. It
does not discriminate against employees who use social media for
personal interest and affiliates or other lawful purposes. This policy is not
intended to limit or infringe upon employees’ freedom of expression.
9.2. Applicability. This policy applies to all City of Ammon employees. Employees who
violate the terms of this policy are subject to discipline up to and including
termination.
9.3. Personal Use of Social Media by Employees. Social media is a growing tool to
connect with family, friends, colleagues and the world, it also presents certain
risks. To assist City employees with responsible use when using social media, we
have established these guidelines:
9.3.1. Privacy does not exist in the world of social media and careful
consideration should be taken when referencing the City of Ammon, City
departments, co-workers or City business or policies. Search engines can
turn up posts years after they are created, and comments can be shared
or copied.
9.3.2. Employees should not represent themselves as a spokesperson for the
City of Ammon or any of its departments, unless it is part of their official
duties, on an official City of Ammon site. If an employee creates online
posts related to the City, its policies, operations or its staff, or their
employment, they must make it clear that they are not speaking on
behalf of the City. It is best to include a version of a disclaimer that the
opinions expressed are your own and do not necessarily represent the
views of the City of Ammon.
9.3.3. Any confidential or privileged information acquired by an employee
because of their employment with the City cannot be disclosed via social
media. This includes, but is not limited to, internal reports, policies,
procedures, other internal business-related confidential communications,
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and any personal confidential information.
9.3.4. Employees should not access personal social media during working hours.
See also the Technology Use Policy for more details.
9.3.5. Employees should respect their audience and the City’s workplace rules.
Anything that is not acceptable in the workplace is not acceptable online
– personal insults and obscenities or postings that include discriminatory
remarks, harassment and threats of violence or similar inappropriate or
unlawful conduct will not be tolerated.
9.3.6. An employee’s City email address must not be used to register on social
networks, blogs or other online tools unless it is part of their official
duties, on an official City of Ammon site.
9.4. Creation and Use of City Social Media Accounts. While the City’s website
(www.cityofammon.us) is the City’s primary internet presence, the City
recognizes that social media may reach a broader audience. The following
establishes City-wide social media use policies, protocols and procedures
intended to mitigate associated risks.
9.4.1. Creation of social media forums on behalf of the City of Ammon are
allowed when there is a clear public entity purpose.
9.4.2. The establishment and use of any social media account must be
authorized by the Mayor and City Administrator and belong to the City of
Ammon.
9.4.3. The City Clerk, Mayor, Recreation Director and City Administrator are
authorized to maintain and edit social media accounts on behalf of the
City of Ammon, and are the only individuals permitted to access, manage,
publish, comment and/or post on behalf of the City of Ammon on the
media. These employees must conduct themselves at all times in
accordance with all applicable City of Ammon policies. The City Clerk,
Mayor, and City Administrator may assign posting access to others on a
case-by-case basis.
9.4.4. All posts on City of Ammon social media must be in accordance with this
policy and must be able to be edited or removed if in violation of the
policy.
9.4.5. All posts are subject to retention pursuant to the Idaho Public Records Act
and the City’s records retention schedule.
9.4.6. Authorized employees must not share personal information about
him/herself, other City employees, or citizens on social media.
9.4.7. Whenever possible, City of Ammon social media should link back to the
official City of Ammon website for forms, documents, online services and
other information for conducting business with the City.
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9.4.8. Content on social media forums must abide by all applicable federal,
state, and local laws, regulations and policies, including copyright,
trademark and printed material laws.
9.4.9. The City of Ammon does not use time-expire social media platforms –
including Snapchat, Wickr, Slingshot, etc . – as such platforms do not
coincide with public record retention policy.
10. Artificial Intelligence (AI) Employee Use Policy
10.1. Purpose: The purpose of this policy is to establish guidelines for the responsible,
ethical, and effective use of Artificial Intelligence (AI) tools and technologies by
City of Ammon employees. AI has the potential to enhance City services, improve
efficiency, and support data-driven decision making. While we remain committed
to adopting new technologies to aid our mission when possible, we also
understand the risks and limitations of generative AI and want to ensure
responsible use. This policy ensures AI is used in a manner that aligns with the
City’s values, compliance standards, and commitment to public trust.
10.2. Scope: This policy covers the use of AI tools on City devices, by City employees,
using City data.
10.3. Definitions:
10.3.1. City Device: Any computer, smart phone, tablet, or other device owned
by the City assigned to a City employee, which can access AI technology
and tools.
10.3.2. City Data: Any data any employee has access to by virtue of their
employment with the City. Transferring or accessing City data through a
private device to circumvent accessing AI tools through a City device is
strictly prohibited.
10.4. Example of AI Tools: AI technologies include, but are not limited to:
10.4.1. Generative models (e.g., ChatGPT, Google Gemini, Claude).
10.4.2. Image and video creation tools (e.g., DALL-E2, MidJourney).
10.4.3. Deepfake generators, code verification tools, and AI-based recruitment
software.
10.5. Permitted Uses:
10.5.1. AI may be used to create or assist with drafting emails, letters, policies, or
reports.
10.5.2. Summarizing internal or external information.
10.5.3. Creating spreadsheets or templates.
10.5.4. Additional tasks as the job requires and approved by the supervisor.
10.6. Prohibited Uses:
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10.6.1. Uploading confidential, sensitive, or personally identifiable information
(PII) into any AI tool.
10.6.2. Downloading, installing, or accessing any AI tool, website, or application
from an agency device without first obtaining written permission from
both the employee’s supervisor and the IT Department.
10.6.3. Using AI for harassment, discrimination, illegal activities, or
misrepresentation.
10.6.4. Relying solely on AI for decision-making, as AI tools are intended to assist
in human judgment, not replace it. All decisions must be made with
human oversight and accountability, recognizing the potential limitations
and inaccuracies of AI tools.
10.6.5. Impersonating individuals using AI-generated content.
10.7. Guidelines for Use:
10.7.1. Prior Authorization: Employees must obtain authorization from their
supervisor and the IT Department prior to using any AI tool or accessing
AI via City devices.
10.7.2. Accountability: Employees are responsible for all AI-generated content
they produce. Any such content remains the property of the City of
Ammon. AI must not replace employee judgment or decision-making.
Outputs should be verified for accuracy and appropriateness.
10.7.3. Monitoring: The City reserves the right to monitor AI usage and enforce
compliance with this policy.
10.8. Use with Caution: AI is an evolving technology prone to errors, including
inaccuracies, outdated information, or fabricated data. Employees must exercise
caution and ensure all outputs comply with applicable laws and City policies.
11. Telecommuting Policy
11.1. Purpose:
11.1.1. Telecommuting allows employees to work at home, on the road or in a
remote location for all or part of their workweek. The City considers
telecommuting to be a viable, flexible work option when both the
employee and the job are suited to such an arrangement. Telecommuting
may be appropriate for some employees and jobs but not for others.
Telecommuting is not an entitlement, it is not a City wide benefit, and it
in no way changes the terms and conditions of employment with the City.
11.2. Procedures:
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11.2.1. Telecommuting can be informal, such as working from home for a
short-term project or on the road during business travel, or a formal, set
schedule of working away from the office as described below. Either
employee or a supervisor can suggest telecommuting as a possible work
arrangement.
11.2.2. Any telecommuting arrangement made will be on a trial basis for the first
three months and may be discontinued at will and at any time at the
request of either the telecommuter or the City. Every effort will be made
to provide 30 days notice of such change to accommodate commuting,
child care and other issues that may arise from the termination of a
telecommuting arrangement. There may be instances, however, when no
notice is possible.
11.3. Eligibility:
11.3.1. Individuals requesting formal telecommuting arrangements must be
employed with the City for a minimum of 6 months of continuous, regular
employment, must be a full-time employee and must have a satisfactory
performance record.
11.3.2. Before entering into any telecommuting agreement, the employee and
manager will evaluate the suitability of such an arrangement, reviewing
the following areas:
11.3.2.1. Employee suitability. The employee and manager will assess the
needs and work habits of the employee, compared to traits
customarily recognized as appropriate for successful
telecommuters.
11.3.2.2. Job responsibilities. The employee and manager will discuss the
job responsibilities and determine if the job is appropriate for a
telecommuting arrangement.
11.3.2.3. Equipment needs, workspace design considerations and
scheduling issues. The employee and manager with the assistance
of the technology department will review the physical workspace
needs and the appropriate location for the telework.
11.3.2.4. Tax and other legal implications. The employee must determine
any tax or legal implications under IRS, state and local government
laws, and/or restrictions of working out of a home-based office.
Responsibility for fulfilling all obligations in this area rests solely
with the employee.
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11.3.3. If the employee, manager, and IT Department agree, a three-month trial
period will commence. The trial period will include regular interaction
between the employee and the manager to discuss work progress and
problems. At the end of the trial period, the employee,manager, and IT
Department will determine if the arrangement will continue.
11.4. Equipment:
11.4.1. On a case-by-case basis, the Technology Department will determine the
essential equipment needed for the employee to perform their job duties
effectively while maintaining security and compliance. This equipment
may include:
11.4.1.1. Computer hardware including a city-owned laptop or desktop,
monitors, keyboards, mouse, etc.
11.4.1.2. Communication tools such as phones, headsets, etc.
11.4.1.3. Internet and networking equipment to set up Virtual Private
Network (VPN) access to securely connect to the city’s systems.
11.4.1.4. Additional equipment may be provided on a case-by-case basis,
based on job requirements.
11.4.2. Equipment supplied by the City will be maintained by the City. The City
accepts no responsibility for damage or repairs to employee-owned
equipment. The City reserves the right to make determinations as to
appropriate equipment, subject to change at any time. Equipment
supplied by the City is to be used for business purposes only. Performing
City work on personal equipment will be prohibited. The telecommuter
must sign an inventory of all City property received and agree to take
appropriate action to protect the items from damage or theft. Upon
termination of employment, all City property will be returned to the City,
unless other arrangements have been made.
11.4.3. The employee will establish an appropriate work environment within his
or her home for work purposes. The City will not be responsible for costs
associated with the setup of the employee’s home office, such as
remodeling, furniture or lighting, nor for repairs or modifications to the
home office space.
11.5. Security:
11.5.1. Consistent with the City’s expectations of information security for
employees working at the office, telecommuting employees will be
expected to ensure the protection of proprietary City and customer
information accessible from their home office. Steps include the use of
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locked file cabinets and desks, regular password maintenance, and any
other measures appropriate for the job and the environment.
11.6. Safety:
11.6.1. Employees are expected to maintain their home workspace in a safe
manner, free from safety hazards. Injuries sustained by the employee in a
home office location and in conjunction with his or her regular work
duties are normally covered by the City’s workers’ compensation policy.
Telecommuting employees are responsible for notifying the employer of
such injuries as soon as practicable. The employee is liable for any injuries
sustained by visitors to his or her home worksite.
11.6.2. Telecommuting is not designed to be a replacement for appropriate child
care. Although an individual employee’s schedule may be modified to
accommodate child care needs, the focus of the arrangement must
remain on job performance and meeting business demands. Prospective
telecommuters are encouraged to discuss expectations of telecommuting
with family members prior to entering a trial period.
11.7. Time Worked:
11.7.1. Telecommuting employees who are not exempt from the overtime
requirements of the Fair Labor Standards Act will be required to
accurately record all hours worked using the City’s time-keeping system.
Hours worked in excess of those scheduled per day and per workweek
require the advance approval of the telecommuter’s supervisor. Failure to
comply with this requirement may result in the immediate termination of
the telecommuting agreement.
11.8. Conduct While Working Remote:
11.8.1. Employees who participate in telecommuting are required to adhere to
all rules of conduct outlined in the City of Ammon Personnel Policy
Manual. Telecommuting does not exempt employees from compliance
with any city policies, including but not limited to those regarding
workplace behavior, confidentiality, and use of City resources. All
expectations for professional conduct remain in effect regardless of the
employee’s work location.
11.9. Ad Hoc Arrangements:
11.9.1. Informal, short-term arrangements may be made for employees on family
or medical leave to the extent practical for the employee and the City and
with the consent of the employee’s health care provider, if appropriate.
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11.9.2. All informal telecommuting arrangements are made on a case-by-case
basis, focusing first on the business needs of the City.
12. THE CITY OF AMMON COMPLAINT PROCEDURE
12.1. Any employee who believes he/she has been subjected to unlawful harassment,
discrimination, or unfair treatment prohibited by this policy, should tell the
person initiating these actions to stop his/her unwanted behavior and
immediately report the behavior, preferably in writing, to their department head
and/or the Human Resources Department.
12.2. Any employee who becomes aware of unlawful harassing, discriminating, or
unfair conduct, prohibited by this policy, either engaged in or suffered by a City
employee, regardless of whether or not such harassment/discrimination/unfair
treatment directly affects that employee, the employee shall immediately report
the incident, preferably in writing, to their department head and/or the Human
Resources Department.
12.3. Any employee reporting an incident shall do so either preferably in writing or
verbally to at least one of the following; the department head, the Human
Resources Director and/or the City Administrator. Upon receipt of a complaint,
the department head, Human Resources Director and City Administrator shall all
be made aware of the complaint. The Human Resources Department will then be
responsible to administer an immediate, thorough and objective investigation on
behalf of the City. The Human Resources Director will be responsible for the
creation and maintenance of any and all record keeping necessary for the proper
execution and enforcement of this policy.
12.4. All written correspondence relative to the incident, including written electronic
communications shall be forwarded to the Human Resources Director upon
receipt. In addition, any relative verbal communication shall be summarized by
the recipient in writing and forwarded to the Human Resources Director. If it is
determined and substantiated that prohibited harassment, discrimination, or
unfair treatment has occurred, appropriate action will be taken to ensure that
the conduct will not reoccur. A determination regarding the alleged behavior
shall be made and communicated to the person claiming harassment,
discrimination, and unfair treatment, as soon as practical. Employees violating
this policy are subject to the employee discipline procedure outlined in this
policy.
12.5. The City strictly prohibits retaliation against any person by another employee or
by the City for using this complaint procedure, reporting harassment, reporting
discrimination, reporting unfair treatment, or for filing, testifying, assisting or
participating in any manner in any investigation, proceeding or hearing
conducted by the City or a governmental enforcement agency. Prohibited
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retaliation includes, but is not limited to, termination, demotion, suspension,
failure to hire or consider for hire, failure to give equal consideration in making
employment decisions, failure to make employment recommendations
impartially, adversely affecting working conditions or otherwise denying any
employment benefit.
12.6. The City does not consider conduct in violation of this policy to be within the
course and scope of employment and does not sanction such conduct on the
part of any employee, including elected officials or management employees.
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SECTION 4: EMPLOYEE CLASSIFICATION, COMPENSATION, AND
BENEFITS
1. CLASSIFYING EMPLOYEES FOR POLICY PURPOSES
1.1 Employment Status. For varied reasons, employee status must be organized by
classes in order to administer employee policies, benefits or otherwise address
employment issues. It is generally the responsibility of the employee to assure
that he/she is properly categorized for purposes of each issue or benefit type.
The City will endeavor to assist with such matters, but the employee is ultimately
responsible to assure that his/her service is properly addressed.
1.2 Employment Classification. The classification of the position you hold with the
City may affect the status of obligations or benefits associated with your
employment. The primary classes of employees and their respective status is
outlined as follows:
1.2.1 Full-Time Regular Employees. Typical work schedule calls for at least 30
or more hours of scheduled work during each seven (7) calendar-day
payroll period. Full-time regular employees shall receive all employee
benefits provided by the City; as such benefits now exist or may be
subsequently changed.
1.2.2 Part-Time Regular Employees. Typical work schedule calls for 29 or less
hours of scheduled work during each seven (7) calendar-day payroll
period. Part-time regular employees shall receive reduced employee
benefits in accordance with policies adopted by the Council and required
by PERSI. The scope of benefits received may vary proportionately with
the number of hours typically scheduled for a part-time regular
employee. The number of hours scheduled may also affect the
employee's obligation to participate in certain mandatory state benefit
programs. Certain benefits may not be available.
1.2.3 Seasonal Employees. Seasonal employees provide services for the City
on an irregular or temporary basis and whose time of employment is less
than 8 consecutive months annually. Seasonal employees shall receive no
benefits provided to regular employees, except those required by law or
those provided by express written authorization of the Council. The
Human Resources Director will file required reports regarding seasonal
employees with PERSI.
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2. COMPENSATION POLICIES
2.1 Establishment of Pay System. The City compensates employees in accord with
decisions by the Council as budgets are set and tax levies are authorized. Pay for
any given position is subject to the annual budgetary process and as such may be
subject to increase, reduction, or status quo maintenance for any time period.
The managing official may make suggestions about salary compensation and
other pay system concerns but the final decision regarding compensation levels
rests with the Council’s budgetary rulings and final direction from the City
Administrator or Mayor.
2.2 Compliance With State And Federal Pay Acts. The City shall comply with all
State and Federal pay acts respecting the compensation of employees for
services performed in the public service.
2.3 Right to Change Compensation and Benefits. The Council reserves the right to
make budget adjustments, and consequently pay adjustments, during the course
of the budget year in order to manage cash flow or to deal with other
circumstances which justify changes in City expenditures. Compensation may
also be adjusted based upon job performance and the availability of funds to
maintain a solvent City budget.
2.4 Overtime Compensation
2.4.1 Compliance with Fair Labor Standards Act. In addition to the employee
classifications set forth elsewhere in this policy, all employees are
classified as either exempt or hourly for purposes of complying with the
Federal Fair Labor Standards Act (FLSA). The FLSA is the Federal wage and
hour law which governs the obligation of employers to pay overtime
compensation. Exempt employees are not required to receive overtime
pay for hours worked beyond the limits provided by the statute.
Employees who serve as sworn law enforcement officers shall be subject
to special exceptions found in the FLSA (See 207K). Please contact your
department head or the office of the HR director for further clarification
of your FLSA status.
2.4.2 Calculation of Overtime. All hours worked in excess of 40 hours in a
seven-day work period shall be compensated at the rate of 1 ½ times the
regular hourly rate. Sick leave, Paid Time Off (PTO), and holidays will be
excluded from hours worked for overtime purposes. Overtime shall be
worked only when necessary.
2.4.3 Overtime during a Declared Disaster. In the event the Mayor declares a
disaster, which is later confirmed by the Council, exempt (salaried)
employees will become non-exempt (hourly) for the duration of the
disaster. When the Mayor and City Council declare the disaster has
concluded, original exempt employees will automatically be transitioned
back to exempt status. The City Administrator or Mayor shall determine
the precise moment when exempt employees are transitioned to hourly
employees. This transition may coincide with existing or future pay
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cycles.
2.4.3.1 When providing assistance to out of area disasters, all exempt
(salaried) employees will become non-exempt (hourly) for the
duration of the assistance. For all employees, after eight (8) hours
in a single day, any additional work will be paid at an overtime
rate, according to the currently adopted Personnel Policy Manual.
2.5 Ammon Days. The annual Ammon Days celebration is an optional day of work
for employees. In addition to the salary for their position, Employees that work
Ammon Days shall be credited one hour of PTO for each hour they work. As the
event may grow to multiple days, the same will apply for additional days.
2.6 Reporting and Verifying Time Periods. It is the responsibility of each employee
to properly record the time that he/she has worked during a payroll period. Each
time sheet shall bear the signature of the employee with a statement verifying its
accuracy and a counter signature by the department head indicating that the
hours claimed were actually worked. These records shall be retained according
to the City of Ammon Records Retention Schedule.
2.7 Work Periods. Employment with the City is subject to the Federal Fair Labor
Standards Act as previously described. Each employee is responsible for
monitoring the status of hours worked in each work period. Overtime shall be
allowed only when preapproved by the managing official or when absolutely
necessary in an emergency. The work week for all regular employees who are
subject to the FLSA shall begin at 12:00 a.m. (midnight) on Sunday of each week
and concludes at 11:59 p.m. of the succeeding Saturday. Regular employees will
record actual hours worked. The payroll department shall compute the overtime
earned at 1 ½ times the hourly amount based on a 40-hour workweek. All hours
worked, including overtime, shall be paid in their paycheck for the pay period in
which it was earned.
2.8 Break Periods. The maximum allowed break time is 15 minutes for every 4 hours
of contiguous work. The staff on duty is responsible to coordinate breaks with
their supervisor which maintain appropriate staffing levels and efficient
operation. Breaks should be taken during the workday, and cannot be saved or
accumulated to leave work early. At the end of the workday, employees must
clock out when work concludes.
2.9 Lunch Breaks. Lunch break policy is established by department requirements
therefore; employees are to follow the directives of their managing official.
Lunches may be treated as a paid working lunch if they are part of a
City-sanctioned event designed to foster collaboration, build morale, or provide
training opportunities. Examples of paid working lunches include:
2.9.1 Team-building activities or morale-boosting lunches approved by
leadership (for example the Employee Recognition Committee (ERC)
lunch, winter wellness lunch or department seasonal potlucks).
2.9.2 Lunch meetings focused on work-related discussions or professional
development and training.
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Personal lunch time is never paid time. Employees must clock out for lunch and
clock back in when they have returned to work.
2.10 Exempt Employees. Exempt employees shall not receive overtime pay for hours
worked beyond 80 hours per pay cycle or reductions in pay for pay periods with
less than 80 hours worked per pay cycle. Exempt employees are expected to
work, on average, a minimum of 80 hours per pay cycle and any additional hours
necessary to fulfill their responsibilities. Exempt employees have control over
their work schedule and hours as long as the job requirements are met.
2.11 Promotions and Compensation. Compensation for all employees is established
by action of the Council. The annual budget of the City sets the funding available
for compensation of employees in various departments. Promotions and changes
in status may be recommended and made by officials in each of the operating
departments but final authority regarding compensation rests with the City
Council and Mayor through the budgeting process with final action on
promotions and compensation approval by the Department Head and City
Administrator. Any promotion or compensation not budgeted for in the current
budget must be approved by the City Council prior to said promotion or
compensation increase.
2.12 Performance Evaluation System. Employees shall participate in a performance
evaluation system approved by the Council. Such evaluation systems shall be
one basis for allocating changes in compensation in each budget year. Records of
all such evaluations shall be kept in the personnel file of each employee.
2.13 Adopted Pay/Grade Scale. The City of Ammon has adopted a pay/grade scale,
with a merit for performance philosophy.
2.14 Payroll Procedures and Paydays. Employees are paid every two weeks
throughout the year. Time sheets are to be turned in by 9:00 a.m. on the
bi-weekly Monday that immediately follows the conclusion of the two-week
work period. Paychecks will then be issued by the office of the Finance Director
on the bi-weekly Wednesday that immediately follows timesheet submittal.
2.14.1 Paychecks compensate employees for work performed in the two-week
work period immediately prior to paycheck issuance. Paychecks are to be
distributed by the Department Head or their designee, at the employee’s
normal workplace prior to 5:00 p.m. on payday in a manner approved by
the department head. Payroll checks will be available to Department
Heads by 3:00 p.m. on payday. No advances will be allowed.
2.14.2 It is the responsibility of each employee to monitor the accuracy of each
paycheck received. Information shown on the employee's paycheck stub
is provided for information only. The paycheck is generated by a
computer program that does not have the capacity to think or to
understand individual circumstances. Actual practices respecting the
issuance of paychecks and allocation of employee benefits must be
consistent with official City policy. In the event of disagreement between
the computer-generated paycheck stub and official policy as interpreted
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by the Council with the assistance of the Human Resources Director, the
policy shall prevail.
2.15 Payroll Deductions. In accordance with Idaho Code § 45-609 or its successor, no
payroll deduction(s) shall be made from an employee’s paycheck unless
authorized by the employee or required by law. At time of hire, all employees
will fill out and sign a ‘New Employee Packet’ which sets forth his/her requested
benefits and deductions. The Human Resources Director or an authorized staff
member will subsequently input this information into the payroll system. Any
discrepancies or problems in adhering to the items outlined on the form will be
clearly resolved and indicated on the form. Necessary changes to the inputs
from the originally submitted form will be accepted and initialed by the
requesting employee. Upon completion, the form will be signed and dated by
the Human Resources Director or the authorized staff member and then placed
in the employee’s permanent file. Any future requests to adjust benefits or
deductions on the part of employees must be submitted in writing through
submittal of a new benefit form. The method for instituting these changes will
conform to the same procedure as described above.
2.16 Compensation While Serving on Jury Duty. Employees called to jury duty, which
necessitates an absence from their regularly scheduled duties, shall be granted
leave with no reduction in salary or benefits. Notice of the receipt of a summons
for jury duty should be given to the employee’s immediate supervisor as soon as
possible.
2.17 Military Leave.
2.17.1 Any regular employee who is inducted into the Armed Forces of the
United States and the Military Selective Service Act shall be granted a
leave of absence without pay and shall be entitled to return to his/her
former position or to an equivalent position, providing:
2.17.1.1 He/she makes an application for re-employment within ninety
(90) days after such person is relieved from training and service or
from hospitalization continuing after discharge for a period of not
more than one year, provided he/she is still qualified to perform
the duties of such position with reasonable efforts by the City.
2.17.1.2 Seniority and service credit shall continue during military leave,
but a returning veteran will not displace another employee with
greater service.
2.17.1.3 All provisions of this section shall be interpreted in a manner
consistent with the Soldiers and Sailors Civil Relief Act.
2.17.2 Any regular employee who is a member of an organized Reserve or
National Guard Unit who is ordered to participate in field training shall
receive, for a period of no greater than 15 working days, that portion of
his/her regular salary which will, together with his/her lesser military pay
(including pay received for weekends that fall within or at the end of the
leave period), equal his/her regular salary. For this purpose, military pay
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does not include allowances received for rent, subsistence, travel, and
uniforms.
2.17.3 Regular, full-time employees who are members of the National Guard and
who are called for emergency duty in their state will be granted up to 160
hours of paid Military Leave per calendar year.
2.18 Training And Travel Expenses And Policies. The City of Ammon will pay for
expenses related to training and travel when an employee is traveling on city
business. An employee may utilize one of three options, or combination thereof,
for paying for expenses and/or receiving reimbursement for eligible expenses.
Prior to any training or travel event, the supervisor’s employee must authorize
the method of payment or reimbursement. A department head has the
discretion to require an employee to utilize any of the options, or a combination
of options, that are most appropriate for that department.
2.18.1 Option 1. Use of a City-Issued Credit Card. An employee with a
city-issued credit card may use their city-issued card for training and
travel expenses, provided these expenses meet the requirements listed in
this section. Per diem may not be requested if the employee uses this
option.
2.18.2 Option 2. Reimbursement of Expenses. An employee may request
reimbursement for training and travel expenses that were paid for by the
employee using their personal funds. Reimbursement must meet the
requirements listed in this section. Per diem may not be requested if the
employee uses this option.
2.18.3 Option 3. Request Per Diem in Advance of Travel, Training, or Other
Events. An employee may request per diem for meals, according to the
criteria listed in section 2.18.2. If the reimbursement is for training, a
training agenda is required with the reimbursement form. If per diem is
utilized by the employee, retaining receipts is not necessary for those
expenses submitted for per diem. If approved, per diem shall be issued
to the employee in the form of a printed check, not cash.
2.19 Requirements for Training and Travel Expenses
2.19.1 Receipts. Each employee is responsible for providing verified receipts for
any expenses using a city-issued credit card and for expenses for which
the employee is requesting reimbursement. Receipts must be itemized
and show precise detail for all items purchased.
2.19.2 Meals. Employee meal expenses are authorized according to the table
below. If a meal is included and paid for in a meeting or conference
registration, the meal rate shall be deducted from the maximum rate to
determine what would be allowed for a given day. Employees are
required to make use of available complimentary meals, whenever
possible. Alcoholic beverages are not an eligible expense. The following
table shall be used to determine maximum eligibility of a meal expenses:
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Maximum Meal Expense Allowance
Meal Authorized
Amount
Expense Eligible for
Departures Prior to:
Expense Eligible
for Returns
After:
Breakfast $15.00 7:00 am 8:00 am
Lunch $20.00 11:00 am 2:00 pm
Dinner $25.00 5:00 pm 7:00 pm
Full Day $60.00 7:00 am 7:00 pm
2.19.3 Lodging. Authorized related lodging expenses shall be paid or reimbursed
at actual cost. Employees should always request tax exempt government
rates and negotiate the best available rate. Each employee is allowed
their own room.
2.19.4 Travel Time. Travel time from the employee’s home to work will not be
compensated. Allowable time will start from departure from the
employee’s City’s work location.
2.19.5 Vehicle Usage.
2.19.5.1 When traveling on City business, a City vehicle should be taken, if
available. If a City vehicle is not available, then a private vehicle
may be used with approval of the department head and the City
Administrator, in which event standard business mileage as
provided for by the IRS shall be paid. In the event a City vehicle is
available but the employee makes a request to take a personal
vehicle when a City vehicle is available, the Department Head and
the City Administrator must approve the request. The cost of using
a personal vehicle should be comparable to or less than the cost
of other travel options, such as airfare. If a personal vehicle is
approved to use for business travel and meets all criteria of this
section, the employee may submit a maximum of 700 miles for
reimbursement. Receipts shall be submitted to the appropriate
department head for approval on the approved expense claim
reimbursement form. Any exceptions to this policy must be made
in advance and approved by both the Department Head and the
City Administrator.
2.19.5.2 Non-City employees may ride in a City vehicle, for business
purposes, but must dress and act appropriately when doing so. In
addition to the employee assigned or permitted to drive a City of
Ammon vehicle, he or she may allow others, as necessary, to
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operate the vehicle if they have a valid driver’s license and are 25
years of age or older. It shall be the responsibility of the
Department Head to monitor additional drivers. Drivers (including
volunteers) that regularly are allowed to drive a City vehicle or
equipment shall follow the City’s driving policies.
2.19.5.3 If a City vehicle is taken home, mileage must be tracked. It is the
intention of the City to comply with IRS rules regarding use of
public vehicles for personal use. In some cases, the use of a City
vehicle can result in a taxable benefit to the employee. Said
benefit shall be recorded on the employees W-2 form for the year.
2.19.5.4 All employees shall review and comply with the requirements of
the vehicle use policy adopted by the City.
2.20 On-the-Job Injuries.
2.20.1 All on-the-job injuries shall be reported to your department head, who in
turn shall report to the Human Resources Director, as soon as practicable,
to allow the filing of worker's compensation claims in the proper manner.
If an employee is disabled temporarily by an on-the-job accident, he/she
shall be eligible for worker's compensation benefits. Return to
employment shall be authorized on a case-by-case basis upon
consultation with the managing official and the State Insurance Fund.
Concerns associated with injured worker status may be brought before
the Human Resources Director for review.
2.20.2 Any employee operating a City-owned vehicle or equipment that is
involved in an accident that results in damage, results in bodily injury, or
results in a police report being filed, must be tested for drugs and alcohol.
Department heads and immediate supervisors shall be responsible for
ensuring the drug test procedure is initiated no later than one (1) hour
after the accident occurs.
2.21 On Call.
2.21.1 On Call Duty. On Call Duty as defined by this policy shall mean time that
an employee must be available to report to work in addition to the basic
workweek and overtime. “Available to report to work” means that an
employee must be available to answer their cell phone and remain within
a thirty (30) minute response time of the city limits of the City of Ammon.
While an employee is working On Call Duty, an employee may conduct
personal business, provided that the employee remains available to
report to work.
2.21.2 Determined by Department Head. On Call Duty will be determined by
the department head as needed. While working, On Call Duty employees
shall be available for immediate response to emergency and/or service
calls.
2.21.3 Compensation for Work Performed. Actual hours worked while on, On
Call Duty shall be compensated at the employee’s normal pay rate
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including overtime rates, if applicable.
2.21.4 Supplemental On Call Hours. Employees who are required to perform On
Call Duty shall receive one Supplemental On Call Hour per day, except on
Saturday, Sunday and holidays when On Call Duty shall add two
Supplemental On Call Hours per day. All Supplemental On Call Hours shall
be compensated at one and one half times (1.5) the employee’s regular
hourly rate.
2.21.5 Travel Time. Travel time from the employee’s home to their assigned
work location shall not be compensated. Compensated time shall begin
upon arrival at the employee’s assigned work location. A city-issued
vehicle may be considered an employee’s work location if allowed by the
department head.
2.21.6 City Vehicle Usage. Employees may be assigned City vehicles for City use
during On Call Duty. Only those employees who can safely respond to
emergency calls within thirty (30) minutes of receiving a call are eligible
to be assigned a vehicle for On Call Duty. Employees subject to On Call
Duty may be allowed to utilize a city vehicle to take home during their
assigned period. This assigned vehicle may be used for limited but
necessary personal tasks during On Call Duty. If city-issued vehicles are
taken home, the employee must comply with IRS reporting requirements
as described in Section 4, Subsection 2.18.5.
3. EMPLOYEE CERTIFICATION PAY POLICY
3.1 Purpose: The City of Ammon supports professional development that
strengthens municipal services. This policy establishes a consistent, equitable
process for awarding certification-based pay increases when an employee earns
a qualifying credential that provides clear operational benefit beyond the
requirements of the employee’s current position.
3.2 Scope: This policy applies to all full-time City of Ammon employees who obtain
an approved certification related to:
3.2.1 their current position, or
3.2.2 a clear pathway for professional growth within the City.
3.3 Definitions
3.3.1 Certification: A credential awarded by a recognized professional
organization or accrediting body, demonstrating specialized
knowledge/skill, typically requiring structured learning and/or experience.
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3.3.2 Merit Increase: (Certification Pay Increase): A pay increase awarded under
this policy based on the Tier Matrix (section 3.15) and City approval
process.
3.3.3 Pre-Approval: Written authorization granted before enrollment,
coursework, or exam attempt begins.
3.4 Eligibility Requirements: To be eligible for a certification pay increase, the
employee must meet all of the following:
3.4.1 Good Standing: Employee is in good standing (no active disciplinary
action; performance is meeting expectations).
3.4.2 Completion of Probationary Period: Employee has completed the
required probationary period (minimum 90 days, unless the City’s
personnel policy specifies otherwise).
3.4.3 Pre-Approval: The certification must be pre-approved using the City’s
Certification Pre-Approval Form (Human Resources Department).
3.4.4 Relevance and Advancement Beyond Current Requirements: The
certification must be directly related to the employee’s current role or a
defined progression role and must represent professional development
beyond:
3.4.4.1 the requirements at time of hire; or
3.4.4.2 the minimum requirements listed in the current job description.
3.4.5 Operational Benefit: The certification must provide measurable benefit to
City operations (e.g., improved compliance, quality, safety, efficiency,
service capability, resiliency, or reduced vendor reliance).
3.4.6 Budget Feasibility: The department must confirm that funding for the
increase is available within the approved budget.
3.5 Certification Standards (What Qualifies): To be considered, a certification must
meet these standards:
3.5.1 Duration and Depth: Must require a significant investment of time and
effort and include specialized study or professional experience within the
relevant field.
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3.5.2 Assessment: Includes a comprehensive exam or equivalent formal
evaluation. (Some credentials based on extensive professional experience
may be accepted without an exam if they meet the other standards and
are approved.)
3.5.3 Credible Issuer: Awarded by a recognized professional association,
accrediting body, or governmental/industry authority with established
credibility.
3.6 Annual Limit and Non-Stacking
3.6.1 Employees may receive no more than one (1) certification pay increase in
any rolling 12-month period, unless an exception is approved by the City
Administrator (and Mayor if required).
3.6.2 Certification increases are separate from and do not replace COLA, step
plans, or other pay programs, and do not guarantee promotion.
3.7 Pay Increase Determination (Tier Matrix): Certification pay increases will be
determined using the City’s Certification Tier Matrix (Section 3.15).
Department Heads recommend the Tier; HR reviews for consistency and
eligibility; final approval is issued per Section 3.8.
3.8 Approval Workflow
3.8.1 Step 1 — Pre-Approval (required before enrollment/exam):
3.8.1.1 Employee completes Certification Pre-Approval Form (Human
Resources Department).
3.8.1.2 Supervisor reviews for role relevance and performance standing.
3.8.1.3 Department Head recommends Tier and confirms operational
benefit and budget.
3.8.1.4 HR reviews for policy compliance and internal equity.
3.8.1.5 City Administrator provides final administrative approval.
3.8.2 Step 2 — Completion and Implementation:
3.8.2.1 Employee submits documentation (official credential proof,
license number if applicable, and completion date).
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3.8.2.2 Increase becomes effective at the beginning of the next first full
payroll cycle following submission of required documentation.
3.9 Budget, Coverage, and Alternatives
3.9.1 Approvals are subject to department budget availability.
3.9.2 If a certification is beneficial but the department does not have budget
capacity at that time, the City may:
3.9.2.1 defer the increase to the next fiscal year, or
3.9.2.2 If the certification does not provide sufficient operational benefit
to support ongoing pay impact, it may be approved for
professional development purposes only, without a pay increase.
3.10 Coverage Consideration (no automatic veto):
The City may evaluate operational coverage needs, including the number of
employees with a given credential, as part of the approval process. This review is
intended to guide resource planning, not to discourage cross-training, or as an
automatic basis for denial. Any denial or alternative award must include a written
explanation.
3.11 Exam Fees and Attempt Policy
3.11.1 The City will pay for one (1) initial attempt at required
licensing/certification exams, if pre-approved.
3.11.2 Additional attempts are the employee’s responsibility unless the City
Administrator approves an exception.
3.12 Maintenance of Certification
3.12.1 Employees are responsible for maintaining any certification or license
used to receive a merit increase, including renewal requirements and
continuing education, unless otherwise approved by the City. The City is
not responsible for monitoring expiration dates or renewal status.
3.13 Pay Range Guardrail
3.13.1 Certification pay increases will not place an employee above the
maximum of their pay range.
3.14 Appeals
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3.14.1 An employee may request a review if they believe the policy or Tier
Matrix was applied inconsistently:
3.14.1.1 Submit a written request to HR within 10 business days of the
decision.
3.14.1.2 HR will review for consistency and provide a written response.
3.14.1.3 Final determination rests with the City Administrator.
3.15 Certification Tier Matrix (City Standard): Department Head selects the Tier that
best matches the operational impact and rigor of the credential. HR reviews for
consistency across departments.
Tier Certification
Characteristics
Typical
Operational
Impact
Default Pay
Increase
Min/Max
Increase
Examples
(Illustrative
Only)
Tier 1 - Skill
Enhancement
Adds
meaningful
skills beyond
job minimums;
moderate
rigor;
recognized
issuer
Improves
quality/efficien
cy in current
role; limited
change in
scope/respons
ibility
1% Min - $0.50/hr
Max -$1.00/hr
Role-specific
technical,
system, or
safety
certifications
beyond
minimum
requirements.
Tier 2 -
Operational
Expansion
Significant
study or
experience;
rigorous
evaluation;
recognized
industry
credential
Expands
capability
across
functions;
reduces
external
reliance;
strengthens
compliance or
resiliency
2% Min - $0.75/hr
Max - $2.00/hr
Advanced
technical certs;
project/proces
s credentials;
supervisory/m
anagement
credentials
that enhance
City leadership
capacity
Tier 3 -
Strategic
Capacity/Licen
sure
High rigor
and/or
licensure-level
credential;
Material
operational
improvement,
higher
3% Min - $1.00/hr
Max - $3.00/hr
Professional
licensure or
high-level
credentials
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major scope
expansion or
high-risk
responsibility
accountability,
specialized
authority, or
critical
coverage need
that materially
expand
responsibility
or City
capacity
The City uses minimum and maximum hourly increases within each certification tier to promote
equity, consistency, and responsible use of public funds. Because certification pay increases are
calculated as a percentage of base pay, applying minimums ensures that employees at lower
pay ranges receive a meaningful and equitable recognition for earning certifications that
provide similar operational value. Applying maximums helps prevent disproportionate pay
impacts at higher wage levels and supports predictable, sustainable budgeting.
This approach allows the City to recognize the value and rigor of certifications while maintaining
fairness across a wide range of classifications and pay rates. Minimum and maximum thresholds
are intended to balance employee recognition with fiscal responsibility and do not diminish the
professional value of any approved certification.
If a credential is required for the employee’s current job (at hire or in job description), it is not
eligible.
4. EMPLOYEE BENEFITS
4.1 The City offers a number of employee benefits for full-time regular employees.
These benefit offerings are subject to change or termination at the sole
discretion of the Council. Each is subject to the specific terms of its respective
insurance policy and/or official resolution of the Council.
4.2 Paid Time Off (PTO). Paid Time Off is available to all full-time regular employees
who have completed the equivalent of 90-days of full-time regular employment.
PTO accrues as the employee works. Employees will not accrue PTO while on an
unpaid leave of absence or under suspension of any kind.
4.2.1 PTO Accrual Schedule for Full-Time Employees. Each full-time employee
will accrue 6.154 hours of PTO per pay cycle for a total of 160 PTO hours
per year. Under no circumstances will any employee accrue more than
160 PTO hours per year.
4.2.2 Maximum Accrual. The maximum PTO hours allowed to accrue is 480.
Once an employee reaches the maximum accrued PTO hours, no
additional PTO will accrue until the employee’s PTO hours are reduced
below the maximum.
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4.2.3 Paid Time Off (PTO) Pay Out. Unused PTO hours are paid out at 85% of
the employee’s current pay rate. PTO is to be paid out upon separation
from employment with the City. Employees may fill out a “PTO Pay Out
Request Form” to be paid out for accumulated PTO during employment.
4.2.4 Donation of PTO Time. In the event that an employee depletes their
accrued PTO hours due to a major illness or injury, other employees may
voluntarily donate PTO hours from their accrued PTO hours, provided the
following criteria are met:
4.2.4.1 PTO may be donated only after an employee has entirely depleted
their PTO hours and, if applicable, any remaining Sick Leave;
4.2.4.2 No more than 72 hours of PTO can be received through donations
to a single employee in a three-year period;
4.2.4.3 An employee of a lower pay grade cannot donate hours to a
higher pay grade employee. Pay grade distinctions shall be made
by the City Administrator and/or HR Director; and
4.2.4.4 All PTO donations shall be anonymous and handled by the Human
Resources Director.
4.2.4.5 Any requests for donating PTO that do not meet the criteria listed
above may be evaluated and approved or denied at the sole
discretion of the Mayor, or in absence of the Mayor, the City
Administrator.
4.2.5 PTO Transition from Vacation/Sick Leave. Effective January 1, 2019 the
following shall occur:
4.2.5.1 Vacation Leave and Sick Leave will no longer accrue.
4.2.5.2 All Vacation Leave accrued by an employee is converted to PTO
hours.
4.2.5.3 All Sick Leave accrued will remain Sick Leave and can be used by
employees in the event of illness to the employee or his/her
immediate family living in their household or whom the employee
is directly responsible for. Sick Leave must be used only in the
event of an illness or injury that prevents the employee from
working productively or safely or if an immediate family illness
presents no practical alternative for necessary care. Surgeries,
elective or otherwise, along with the necessary recovery time
qualify for Sick Leave, if covered by insurance or preapproved by
the managing official. When three (3) or more concurrent days of
Sick Leave are requested, the managing official may require a
physician’s notification in writing prior to approving the Sick
Leave. Additionally, a physician’s written notification may also be
required when there is evidence of Sick Leave abuse, such as
requesting more days than the annual accrual rate within a
one-year period. Abuse of Sick Leave benefits shall result in
disciplinary action. Sick Leave shall not be paid out.
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4.2.5.4 If an employee exceeds the 480 PTO hour maximum limit after
converting their Vacation Leave to PTO hours, they will have 12
months to reduce their PTO hours to within the limit allowed.
4.3 Annual Longevity Bonus. Full-time employees with five (5) years of full-time
service or more shall receive an annual Longevity Bonus.
4.3.1 The Longevity Bonus shall be calculated as follows:
4.3.1.1 $100/Year of service beginning at five (5) years of service. Years of
service are calculated on September 30 of each year.
4.4.3.1.1.1 Calculation: Years of Service times 100 equals the
Longevity Bonus.
4.4.3.1.1.2 Example Calculation for an employee of five years: 5 X 100
= $500
4.4.3.1.1.3 Example Calculation for an employee of 17 years: 17 X 100
= $1700
4.3.1.2 The Longevity Bonus is available only as city budget permits.
4.3.1.3 Longevity Bonuses for all city employees shall be paid within the
same month in any given fiscal year. The City Administrator shall
determine the month in each fiscal year when Longevity Bonuses
are paid to qualifying employees.
4.4 Holidays.
4.4.1 Official paid holidays are provided for full-time regular employees.
Employees, who have regular, full-time active status, on the date of any
holiday, shall receive no more than 8 hours compensation for that day
even though they do not work. Holidays which fall on Saturdays shall be
observed on the preceding Friday. Those which fall on Sunday shall be
observed on the succeeding Monday. The Mayor has the authority to
temporarily adjust the operating hours of City offices on days
immediately preceding or following scheduled holidays based on
workload and employee morale.
4.4.2 A holiday is a day of exemption from work granted to employees, during
which said employees shall be compensated, as if they actually worked.
Employees who work on a holiday shall be compensated according to the
following calculation:
Holiday Hours Hours worked on a holiday
Full-time Exempt Employees Eight (8) hours at
regular pay
+ No additional compensation
Full-time Hourly Employees Eight (8) hours at
regular pay
+ Overtime for hours actually
worked
Part-time and Seasonal
Employees
Zero (0) hours + Overtime for hours actually
worked
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RECOGNIZED HOLIDAYS:
New Year's Day Indigenous Peoples Day
Martin Luther King, Jr./Human
Rights Day
Veterans Day
Presidents' Day Thanksgiving Day
Memorial Day Day after Thanksgiving Day
Juneteenth Christmas Eve dismissed at 2 PM with no lunch
Independence Day Christmas Day
Labor Day
4.5 Bereavement Leave. Up to 40 hours of paid leave of absence for a death in the
immediate family (spouse, parents, grandparents, children, grandchildren,
brothers, sisters, aunts and uncles, including those related by law). Additional
leave may be granted from accrued paid vacation leave or unpaid leave of
absence.
4.6 Paid Parental Leave. The City of Ammon recognizes the need to support
employees as they balance career and family life. This paid parental bonding
leave policy addresses family and work-life balance as important and vital to the
success of the City’s operations. This policy takes effect on April 16, 2024 and
allows for up to 3 weeks (120 hours) of parental bonding leave
(maternal/paternal) to be taken following the birth, adoption or fostering of a
child and is administered in conjunction with the Family and Medical Leave Act of
1993 (FMLA) (rolling backward). Parental bonding leave will run concurrently
with FMLA leave to the extent it qualifies.
4.6.1 Eligibility Criteria:
4.6.1.1 Has been employed with the City of Ammon for at least 12
consecutive months immediately preceding the leave and have
worked at least 1,250 hours during the 12 consecutive months
immediately preceding the date of the birth, adoption or foster;
AND
4.6.1.2 Be a “Full-time Regular Employee” as defined in Section 4A of the
City of Ammon Personnel Policy Manual; AND
4.6.1.3 Be a new parent by:
4.4.6.1.3.1 Childbirth; or
4.4.6.1.3.2 Adoption of a child 17 years of age or younger (the
adoption of a new or existing spouse’s child is excluded
from this policy); or
4.4.6.1.3.3 Being the new parent of a child born by a surrogate
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mother; or
4.4.6.1.3.4 Being an individual seeking to adopt a child after the birth
of that child, but the adoption has yet to be finalized.
4.6.2 Use and Compensation of Leave.
4.6.2.1 Paid parental leave must be used within six (6) months after the
birth date, adoption or foster care placement.
4.6.2.2 An employee may not receive more than 3 weeks (120 hours) of
paid parental leave in a rolling 12-month period. Multiple births,
adoptions or placement of more than one foster child within 12
months do not increase the length of paid parental leave.
4.6.2.3 Employees may use paid parental leave continuously or on a
predefined reduced work schedule, as long as it is used within six
(6) months and approved by the employee’s department head.
4.6.2.4 Each week of paid parental leave is compensated at one hundred
percent (100%) of the employee’s full time salary at the time of
leave, as determined by their supervisor, and will be paid on
regular scheduled pay dates.
4.6.2.5 The City will maintain all currently paid benefits for employees
during the paid parental leave period.
4.6.2.6 Paid parental leave may not be donated to another employee.
4.6.3 Requesting Paid Parental Leave.
4.6.3.1 Paid parental leave must be requested in writing on the approved
City request form through the Human Resources Department.
4.6.3.2 Employees must provide 30 days’ notice prior to taking paid
parental leave, when foreseeable. Notice shall include the
anticipated start date and expected duration of the leave. In
situations where advance notice is not practical, the employee
shall notify the department head as soon as feasible. “As soon as
feasible” would ordinarily mean 10 business days.
4.6.3.3 When an employee requests paid parental leave, the City may
require the employee to provide relevant health care provider or
court documents to support the claimed basis for leave.
4.6.3.4 If an employee fails to provide the requested documentation
within 10 days the City may withdraw or deny paid parental leave
request.
4.6.4 Use in Conjunction with Other Leave Types.
4.6.4.1 Family and Medical Leave Act. Paid parental leave shall run
concurrently with leave under FMLA. Any leave taken under this
policy that falls under the definition circumstances qualifying for
leave due to the birth or adoption of a child will be counted
toward the 12 weeks of available FMLA leave per a 12-month
period. An employee will be eligible for paid parental leave even if
the employee has exhausted their FMLA time. If an employee is or
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becomes eligible for FMLA while on paid parental leave, the
employee must apply for and use FMLA.
4.6.4.2 Other Leave Types.
4.4.6.4.2.1 If a paid holiday occurs while an employee is on paid
parental leave, such a day will be coded to holiday pay and
will not count towards the employee’s paid parental leave
entitlement.
4.4.6.4.2.2 Employees on paid parental leave will continue to accrue
PTO at their normal rate.
4.6.4.3 Effect of Separation on Leave: Upon termination of the individual's
employment, he or she will not be paid for any unused paid
parental leave for which he or she was eligible.
4.6.5 Use of parental bonding leave is flexible and need not be taken in
full-week increments. However, as with any leave, the timing is subject to
manager approval.
4.7 Leaves of Absence. Up to thirty days’ unpaid leave can be granted by the City
Administrator for any justifiable purpose. Any unpaid leave request in excess of
five (5) days must include an explanation of the reason for the unpaid leave and a
statement from the Department Head stating how the employee’s position will
be covered in the employee’s absence.
4.8 Family and Medical Leave Act. Employees of the City may have rights for up to
12 weeks of unpaid, job-protected leave under the provisions of the Family and
Medical Leave Act of 1993, including any revisions that may be enacted to the
Act, if they meet the following eligibility requirements, from the Code of Federal
Regulations (CFR) section 825.110. "An eligible employee" is an employee of a
covered employer who: 1) Has been employed by the employer for at least 12
months; and 2) Has been employed for at least 1,250 hours of service during the
12-month period immediately preceding the commencement of the leave; and 3)
Is employed at a work site where 50 or more employees are employed by the
employer within 75 miles of that work site.
4.8.1 An employee that has used this benefit, shall be eligible for an additional
12 weeks of this qualifying benefit only after the accumulation of an
additional 1,250 hours of service from the date of returning to work as an
eligible employee as described in CFR section 825-110.
4.8.2 Employees who work for an employer who employs less than 50
employees within 75 miles of that work site are not eligible for FMLA
leave.
4.8.3 If an employee meets these eligibility requirements he/she may request
up to 12 weeks of leave where the City shall continue the employee's
benefits (employer portion only) during the leave period.
4.8.4 It is the employee’s responsibility to contact the Human Resources
Department to discuss their rights and obligations for continuation of any
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current benefits they are receiving. Employees must make arrangements
for payment of their portion of the benefit costs or discontinuation of
those benefits shall occur.
4.8.5 If the employee does not return to work for reasons other than their own
continued serious health condition or that of an eligible family member,
the City may recover from the employee the premiums that were paid for
the employee’s medical and life insurance benefits. HRA payments made
during an employee’s leave period would also be included in benefits to
be recovered.
4.8.6 Employees are required to use any accrued Paid Time Off (PTO) and sick
leave before utilizing leave without pay under this FMLA policy. If paid
leave accruals are less than 12 weeks, the employee may take the
remainder of FMLA leave as unpaid leave. Employees shall continue to
accrue leave while utilizing their paid sick leave and PTO. They shall cease
to accrue PTO during the unpaid portion of their leave.
4.8.7 Employees are required to give 30 days’ advance notice or as much time
as practical when the need for FMLA leave is foreseeable. The City
reserves the right to request medical certification supporting any leave,
and may require second or third opinions (at the City’s expense). The City
may also require a doctor's fitness for duty report prior to your returning
to work. Leave may be denied if these requirements are not met. The
decision to allow an employee to return to work shall be solely the City’s,
in compliance with the provisions of the Family and Medical Leave Act.
4.8.8 An eligible employee of the City who is the spouse, son, daughter, parent,
or next of kin of an injured service member shall be entitled to a total of
26 work weeks of leave during a 12-month period to care for the service
member. There is up to 12 weeks of unpaid leave for an employee if the
spouse, son, daughter or parent has been called to active duty. An eligible
employee may elect, or the City may require the employee, to substitute
any of the accrued PTO personal leave, family leave, or medical or sick
leave of the employee for any part of the 26-week period.
4.8.9 FMLA leave may be taken intermittently or on a reduced leave schedule in
the circumstance of birth or placement of a child for adoption or foster
care, care for a sick family member, or for an employee’s own serious
health condition with prior written approval from the managing official,
or when "medically necessary."
4.8.10 To request FMLA leave please write a brief letter or memo to your
managing official indicating the reason for requesting FMLA leave and the
expected duration of leave. Note: your managing official or administrator
may request that you provide certification by your physician or medical
practitioner indicating the diagnosis and probable duration of your
medical condition, or the medical condition of your family member.
4.8.11 The City shall return the employee to the same or an equivalent position
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after returning from FMLA leave, subject to the terms of the Family and
Medical Leave Act. The only exception may be for individuals who, under
the provisions of the FMLA are considered to be a "key employee" whose
extended absence would cause "substantial and grievous economic
injury".
4.8.12 The City reserves the right to require periodic notices (determined by the
City) of you or your family member's status and your intent to return to
work.
4.8.13 The City reserves the right to designate any leave request as covered or
not covered in compliance with the provisions of the Family and Medical
Leave Act.
4.8.14 If you have any questions about your rights under FMLA, please contact
the HR Director.
4.9 Reduction in Benefits. The City, through the Council, reserves the right to
change, condition, or terminate any benefits set forth in this section. No
employee shall acquire any rights in any current or future status of benefits
except as the law otherwise requires.
4.10 Benefits for Part-Time or Temporary Employees. Unless negotiated with the
Council, required by PERSI or law, there are no provisions for benefits for
part-time, seasonal or temporary employees.
4.11 Insurance Coverage Available to Employees. The City provides medical and life
insurance benefits to full-time regular employees and medical benefits to elected
officials. The City provides payments to a Health Reimbursement Account (HRA)
benefit package for qualifying employees for coverage of dental and vision
benefits. Additionally, the City provides family coverage at the employee's
expense. For the costs of the family insurance charges consult with Human
Resources.
4.11.1 Full-time regular employees are eligible for medical insurance benefits
the first of the month following employment. Coverage is subject to
policy terms and may change at any time. Continued health coverage is
available to former employees at their own cost pursuant to federal law
(COBRA). Information may be obtained from the HR Director.
4.11.2 Worker's compensation insurance covering job-related injuries is
provided for all employees. Questions about worker's compensation
issues should be directed to the Human Resources Department.
4.12 Retirement. The retirement plan of the City combines benefits of the Public
Employees Retirement System of Idaho (PERSI) with Social Security (FICA). PERSI
charges a percentage of an employee's gross salary, which is presently exempt
from Federal and State income taxes, and the City matches this with an
additional larger contribution. Contact the Human Resources Director for further
information.
4.13 Miscellaneous Benefits.
4.13.1 Discount on City Utility Fees. Discounted utility fees of 50% shall be
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provided for full-time employees residing within the City limits or City
utility service areas.
4.13.1.1 Utility discounts are limited to the primary residence of the
employee.
4.13.1.2 Utility account shall be in the employee’s name.
4.13.2 Parks and City Facilities.
4.13.2.1 Rental of shelters, and/or Council chambers discounts of 50% shall
be provided for all full time employees and elected officials.
4.13.2.2 Full time employees and elected officials are eligible to receive a
City swimming pool pass good for 25 free open swim sessions.
Pool passes are non-transferable. Passes are to be used by
employee or employee’s immediate family members. Passes will
be issued upon request only, and are valid for the current season.
Individuals may begin requesting passes in May of each year;
passes will be available for pick up five (5) days later, to allow for
processing. Passes not used will expire on September 30 of the
year issued.
4.13.3 Elected Officials. Elected officials may opt out of any benefit provided by
the City of Ammon upon majority vote of the City Council if the change
affects all members. Any individual elected official may opt out of any
benefit at any time.
4.13.4 Transfer of Benefits with Employee Transfer. Accrued benefits for each
employee continue to the benefit of that employee if the employee
transfers from one department to another within the City. Any such
transfer shall not result in a reduction of benefit offerings separate and
apart from those realized by employees similarly situated.
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SECTION 5: EMPLOYEE EVALUATION AND DISCIPLINE
1. EVALUATION PROCEDURES
1.1. Standard Procedures. Each employee may be evaluated after 90 days of
employment with the City and at least on an annual basis thereafter to assess
the performance of the employee in the job being performed for the City. Annual
evaluations for all departments shall be conducted during the month of
September. Each evaluation shall be given on the basis of the managing official’s
observations of the employee's performance, the accuracy of the employee's
work in addition to the quantity, and additional efforts expended by the
employee on behalf of the City. Each managing official is authorized to use
necessary evaluation tools. An electronic record of the evaluation shall be kept
for each employee review.
1.2. Interviews (Evaluation). Each evaluation shall be concluded with an interview
between the evaluated employee and the managing official in which the
employee will be told what the findings of the evaluation are. Each employee
shall be given an opportunity to respond to the evaluation both verbally, in which
case notes may be taken by the interviewer, or the employee may submit a
written response to the employer's evaluation to be placed in the employee's
personnel file, provided that it is filed with the employer within ten (10) days of
the date of the evaluation.
2. EMPLOYEE PERSONNEL FILES
2.1. Personnel Records. The official City employee records, including medical records
will be stored in a secure location, owned, operated and maintained by the City.
Within these personnel files will be kept all records of payroll, employee
performance evaluation, employee status, and other relevant materials related
to the employee's service with the City. Any managing official or the employee
himself/herself may contribute materials to the personnel files deemed relevant
to the employee's performance and tenure. Each employee shall have the right
to review materials placed in his/her personnel file at any reasonable time.
Copies of materials in a personnel file are available to each employee without
charge. Personnel files shall not be removed from the premises.
2.2. Access to Personnel Files. It is the policy of the City to allow limited access to the
personnel file under the supervision of the official responsible for the record for
any employee when properly requested.
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2.2.1. Those authorized to evaluate materials in a personnel file include the
employee's managing official, Human Resources Department, elected
officials, City Attorney and the employee himself/herself.
2.2.2. Employee’s medical and workman’s comp history records shall be kept in
a separate employee file from the employee’s personnel file and shall not
be accessible to anyone other than the City Clerk, , or Human Resources
Department.
2.2.3. The City Attorney shall have access to all personnel files as needed.
2.2.4. Information regarding personnel matters will only be provided to outside
parties with a release from the employee or in other circumstances
where release is deemed appropriate or necessary with the concurrence
of both the official supervising the records and the City Attorney.
2.2.5. Based upon the inherent confidentiality of personnel matters, access of
others to personnel files shall be only with authorization of the managing
official and the City Attorney.
2.3. Management of Information in Personnel Files. Each employee shall be
provided an opportunity to contest the contents of a personnel file at any time.
This is to be done by filing a written objection and explanation which will be
included in the file along with the objectionable material. In the sole judgment of
the managing official, with the concurrence of the Council, any offending
material may be removed upon a showing by the employee that it is inaccurate
or misleading.
3. EMPLOYEE DISCIPLINE PROCEDURES AND PRINCIPLES
3.1. Purpose of Discipline Policy. The purpose underlying the discipline policy of the
City is to establish a consistent procedure for maintaining suitable behavior and a
productive working environment in the workplace. These procedures are
directory in nature and minor variations of the processes set forth herein shall
not affect the validity of any actions taken pursuant to this policy.
3.2. Disciplinary System Framework. The City adopts the following framework for
actions to be taken in the event that City policies are violated by any employee.
Progressive steps may be implemented in order to invoke disincentives to policy
violations. The City reserves the right to take any of the prescribed steps in any
order in the event that a managing official deems a policy violation or action of
the employee to be serious enough to warrant a certain step. Such steps shall be
documented in the record of the disciplinary action. Progressive discipline shall
be applied only where the managing official believes that the potential for
improvement and correcting the behavior is possible.
3.3. Hierarchy of Disciplinary Actions Available. The following actions are among the
progressive disciplinary steps which can be taken by the department head in
response to personnel policy violations. Any step in the disciplinary process may
be skipped or waived; at the discretion of the managing official, considering the
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severity of the offense:
3.3.1. Verbal warning
3.3.2. Written warning or reprimand.
3.3.3. Suspension with or without pay.
3.3.4. Probation.
3.3.5. Demotion.
3.3.6. Dismissal.
4. OPPORTUNITY TO BE HEARD—ASSERTIONS OF UNLAWFUL
DISCRIMINATION AND RETALIATION AND “NAME-CLEARING
HEARING”
4.1. All employees are at-will employees. However, at-will employees may from time
to time experience adverse consequences of unlawful discrimination or
retaliation. In addition, a public employee who is being demoted with a
reduction in pay or terminated from employment based upon allegations of
dishonesty, immorality or criminal misconduct is constitutionally entitled to a
name-clearing hearing when one is requested.
4.2. Unlawful discrimination and retaliation address actions that are alleged to
involve decisions based upon age, sex, race, religion, national origin or disability
that is not a bona fide occupational qualification. The City does not condone
discrimination on the basis of the foregoing unlawful categories. Unlawful
retaliation addresses actions that are taken against an employee for initiating a
charge of discrimination or harassment, or for assisting in any way in an
investigation of such charges.
4.3. Failure to pursue this opportunity to be heard or name-clearing hearing
procedure constitutes a waiver of this opportunity.
4.4. Issues involving job performance or employee attitude, without allegations of
discrimination, retaliation, dishonesty, immorality or criminal misconduct, are
not the proper subject of this procedure and will not be heard.
4.5. The procedure for the opportunity to be heard or name-clearing hearing is as
follows:
4.5.1. Within fourteen (14) days of his/her termination or demotion, the
employee may submit a written allegation of unlawful discrimination or
retaliation, or the basis for entitlement to a name-clearing hearing,
stating with particularity the basis for the requested hearing. Written
allegations that are untimely submitted or that fail to state a particular,
legally recognized basis will not be granted an opportunity to be heard.
An employee will be promptly notified if a requested hearing is denied.
4.5.2. An employee alleging unlawful discrimination or retaliation, or who is
legally entitled to a name–clearing hearing, will meet with the City
Council. The hearing will not exceed one (1) hour in duration.
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4.5.3. An audio recording of the hearing will be made and maintained as part of
the personnel record.
4.5.4. The employee’s supervisor may provide a brief written statement at least
twenty-four (24) hours prior to the hearing in response to the charges.
The City Council may require the employee’s supervisor to participate in
the hearing.
4.5.5. The employee will be provided an opportunity to present evidence upon
which the claims are based.
4.5.6. The City Council may ask questions during this process.
4.5.7. The employee may question participants during this process.
4.5.8. The Idaho Rules of Evidence do not apply to this opportunity to be heard
or name-clearing hearing.
4.6. After the hearing, the City Council will consider the information submitted, and
such other information as might be in the City’s records, to arrive at a decision
concerning the employee’s allegations. The decision will set forth in writing the
reasons for the City Council’s determination.
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SECTION 6: SEPARATION FROM EMPLOYMENT
1. REDUCTION IN FORCE
1.1. Employee assignments may be affected by reductions in force made due to
economic conditions or to changes in staffing and workload. The Council reserves
the right to make any changes in work force or assignment of resources that it
deems to be in the City's best interest. The Council may also specify at the time
reductions in force are made, what reinstatement preferences may accompany
the reductions. Said reinstatement preferences may be tied to the classification
of the employee or to specialized skills possessed by the employee.
1.2. Reorganization initiated to make more efficient use of resources or to
accommodate budgetary needs shall not be subject to the appeal procedure
established by the City.
2. REINSTATEMENT PREFERENCE
2.1. Employees who leave City employment, due to a reduction in force, shall retain a
first right to return in the event of workforce rebuilding for one year from the
date of their separation. Employees shall retain a preference only for work for
which they are fully qualified and for which available service requirements can be
met.
3. RETIREMENT POLICY
3.1. The retirement policy of the City shall comply in all respects with Federal and
State requirements respecting mandatory retirement and the obligations
established by the Public Employees Retirement System of Idaho (PERSI). No
employee shall be compelled to retire except in compliance with said acts.
4. COBRA BENEFITS
4.1. Employees of the City who currently receive medical benefits and separate from
employment may be eligible to continue those medical benefits at the
employees’ sole cost and expense for a limited time in accordance with the
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). If you have
any questions regarding your right to continue your health coverage after
separating from the City, please contact the HR Department.
5. EXIT INTERVIEW
5.1. Each employee who terminates from employment with the City is encouraged to
participate in an exit interview with the City Administrator. In such interview, the
interviewer shall notify the employee when certain benefits shall terminate,
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when final pay shall be issued and review the process to receive COBRA. The
employee shall inform the interviewer about his/her impressions of employment
in such interview. A record of the exit interview shall be completed and retained
in the employee's personnel file.
6. RESIGNATION POLICY
6.1. Voluntary resignation will only be accepted if made in writing. Any verbal
resignation will be treated as leave without approval, unless authorized by the
managing official. Under leave without approval an employee may be terminated
for "job abandonment" after three (3) consecutive days of leave that has not
received approval. If the employee wants their formal records to indicate
"voluntary resignation", they must do so in writing to their managing official. No
employee who voluntarily resigns should expect that their position will be
available at the same pay rate and/or benefits, if they desire to apply for rehire.
7. ABANDONMENT
7.1. Employees who have an unexcused or unauthorized absence of three (3)
consecutive working days or more may be terminated for job abandonment.
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APPENDIX A: SIGNATURE PAGE OF RECEIPT AND UNDERSTANDING
CITY OF AMMON PERSONNEL POLICY MANUAL
ACKNOWLEDGEMENT OF RECEIPT
SIGNATURE SHEET
RECEIPT:
I, ___________________________________________ acknowledge that I have received a copy
of the City of Ammon Personnel Policy Manual. I understand that it is my responsibility to
review this manual and it is a condition of my continued employment. My signature below
affirms that I will read and understand the manual within fourteen (14) days of my hire date. If I
have questions regarding any aspect of the policy and procedures of the City of Ammon, I will
discuss these questions with my Department Head or the HR Department as necessary until I
fully understand the policies and procedures of the City of Ammon.
Additionally, my signature below affirms that:
I understand that this manual is not a contract and cannot create a contract. I understand that I
am obligated to perform my duties of employment in conformance with the provisions of the
City of Ammon Personnel Policy Manual and any additional rules, regulations, policies or
procedures imposed by the department in which I work, whether or not I choose to read the
Manual.
I understand that should this Policy be modified, I will be provided with a copy of the
modification.
__________________________________________ ___________________
Employee Signature Date
__________________________________________ ___________________
Human Resource Date
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CITY OF AMMON PERSONNEL POLICY MANUAL
ACCEPTANCE AND UNDERSTANDING
SIGNATURE SHEET
ACCEPTANCE:
My signature below affirms that I have read and understand the terms of the City of Ammon
Personnel Policy Manual and that I have addressed any concerns or questions regarding the
policies and procedure with my Department Head or the HR Department. I further understand
that I am governed by the contents of the personnel manual and it is my responsibility to remain
familiar with all of the information contained therein. Any violation of this personnel manual
may be cause for termination.
_______________________________________________ ______________
Employee Signature Date
________________________________________________ ______________
Department Head Date
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APPENDIX B: NEW DRIVER CONTRACT
CITY OF AMMON VEHICLE, EQUIPMENT USE AND DRIVING SAFETY POLICY
NEW DRIVER CONTRACT
I acknowledge that I have read and understand the City of Ammon’s Vehicle, Equipment Use and Driving
Safety Policy. I also agree to the statements listed below and understand if I fail to meet any of the
requirements or promises, my driving privileges could/will be suspended or revoked. Additional
disciplinary action could also be taken, up to and including termination of employment depending upon
the circumstance and severity of my driving actions or failure to meet these promises.
● I will abide by all requirements of the City of Ammon’s Vehicle, Equipment Use, and Driving
Safety Policy.
_________________________ _____________________ ____________
Employee Signature Printed Name Date
_________________________ _____________________ ____________
Department Head Signature Printed Name Date
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REQUEST TO ADD/REMOVE DRIVER
All information must be completely and accurately stated. Any omissions or inaccuracies will
cause a delay or denial of authorization. Any questions please contact the Human Resource
Department.
Request:
Check appropriate box: Add Driver ____Remove Driver ____Change Driver Info____
Driver Information
Department:______________________________
Full Name:______________________________Date of Birth:______________________
Home Address: City: ______________________________
State: ______________________________
Zip: _____________________________
Home Phone: _________________________ Cell Phone: _________________________
Driver's License #:________________________State Issued: ____ Exp. Date:___/___ /__
License Class:______ License Restrictions: ________ License Endorsements:______
Driving History
Fill out all that apply and provide dates, times and any pertinent details (for the past
three (3) years. Use the back of this page if needed or write “none” if nothing to report.
1. Accidents:__________________________________________________________
__________________________________________________________________
2. Tickets:____________________________________________________________
__________________________________________________________________
3. Convictions:________________________________________________________
__________________________________________________________________
I certify that the information provided on this form is correct and accurate. I understand that this
information will be used to obtain a record of my driving history from the Idaho State Repository.
I further understand that the decision to authorize me as a driver for the City of Ammon will be
based on this information. I have read and understand the City’s Vehicle, Equipment Use and
Driving Safety Policy and agree to abide by all rules and regulations of the City of Ammon.
_____________________________ _____________________________ _____________
Employee Signature Printed Name Date
_____________________________ _____________________________ _____________
Department Head Signature Printed Name Date
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APPENDIX C: Controlled Substance Testing Consent Form for
Current Employees
As a condition of my continued employment with the City of Ammon, I consent to take a drug and/or
alcohol test as required by the terms of the company's Substance Abuse Policy.
I understand that in the event that my specimen tests positive for drugs, I will be given an opportunity to
discuss that result with an MRO for the purpose of providing a reasonable explanation regarding my
positive test result.
I understand that if my test remains positive for illegal drugs I will be terminated from further
employment with the company.
I also understand that if I have a positive drug test and am subsequently fired because of that positive
test, I waive all rights to receiving unemployment benefits and insurance, and will be responsible for all
incurred attorney fees if I choose to contest this firing because of my positive drug test.
I consent to the release of my drug and alcohol test results received by Minert & Associates, Inc., as the
representative of the Medical Review Officer, to management officials at the City of Ammon and
understand that those results will be held in confidence by all parties involved.
I have received, read, and understand the terms of the City of Ammon's Drug Free Workplace testing
program and agree to abide by those terms.
_____________________________
Employee’s Name (Print)
_____________________________ _________________
Employee's Signature Date
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APPENDIX D: DOT Drug Testing Consent Form for Current
Drivers
As a condition of my continued employment as a driver of a commercial motor vehicle for the City of
Ammon, I consent to take a drug and/or alcohol test as required by the terms of the company's
Substance Abuse Policy.
I understand that in the event that my specimen tests positive for drugs, I will be given an opportunity to
discuss that result with an MRO for the purpose of providing a reasonable explanation regarding my
positive drug test.
I understand that if my test remains positive for illegal drugs or alcohol, I will be terminated from
employment with the City of Ammon.
I also understand that if I have a positive drug test and am subsequently fired because of that positive
test, I waive all rights to receiving unemployment benefits and insurance, and will be responsible for all
incurred attorney fees if I choose to contest this firing because of my positive drug test.
I consent to the release of my drug and alcohol test results received by Minert & Associates, Inc., as the
representative of the Medical Review Officer, to management officials at the City of Ammon, and
understand that those results will be held in confidence by all parties involved.
I hereby provide consent to The City of Ammon to conduct a limited query of the FMCSA Commercial
Driver’s License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation
information about me exists in the Clearinghouse. The term extends for the duration of my employment
and includes, but is not limited to, annual queries. I understand that if the limited query conducted by
the City of Ammon indicates that drug or alcohol violation information about me exists in the
Clearinghouse, FMCSA will not disclose that information to the City of Ammon without first obtaining
additional specific consent from me. I further understand that if I refuse to provide consent for the City
of Ammon to conduct a limited query of the Clearinghouse, the City of Ammon must prohibit me from
performing safety-sensitive functions, including driving a commercial motor vehicle, as required by
FMCSA’s drug and alcohol program regulations.
I have received, read, and understand the terms of the City of Ammon's Drug Free Workplace testing
program, and agree to abide by those terms.
___________________________ ___________________
Driver's Name (print) Date
_________________________ ___________________
Driver's Signature Date
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Ammon City Council May 07, 2026 Page 102 of 168
Ammon City Council
May 7, 2026
Mayor Coletti and City Councilmembers:
Approval of On-Call Engineering Services Roster
Staff Presenting:
Micah Austin, City Administrator
Recommendation
- Approval to establish an On-Call Engineering Services Roster and execute Master Service
Agreements with J-U-B ENGINEERS, Harmony Design & Engineering, and Keller Associates.
Summary of Analysis
1. On February 10, 2026, the City of Ammon issued a Request for Qualifications (RFQ) seeking
multi-disciplinary firms to provide professional on-call engineering and land use planning
services.
2. In response to this RFQ, the City of Ammon received eight proposals from engineering firms
across the State of Idaho.
3. The City utilized a formal Qualifications-Based Selection (QBS) process, in accordance with Idaho
Code § 67-2320, to evaluate the eight submitted proposals. The evaluation process was
conducted in three phases.
a. Phase 1 (Minimum Requirements): Proposals were reviewed for compliance with the
RFQ's mandatory submittals and core scope of services. Two firms were disqualified for
failing to meet administrative requirements, and six firms advanced.
b. Phase 2 (Proposal Evaluation): A six-member committee evaluated and scored the
remaining proposals based on the published rubric. The top four highest-scoring firms
advanced to the interview round.
c. Phase 3 (Interviews): A seven-member committee interviewed the final four firms. The
interviews heavily focused on operational fit, responsiveness, and the firms' ability to
seamlessly integrate civil engineering with municipal land use planning.
4. The committee selected J-U-B ENGINEERS, Harmony Design & Engineering, and Keller Associates
based on their superior responses to the RFQ, their deep understanding of Ammon's operational
needs, and their proven ability to protect the City's interests while managing rapid growth.
5. Establishing a roster of three firms, rather than a single firm, provides the City with a diverse
"bench" of expertise. This allows the City to assign specific task orders to the firm best suited for
that exact project, ensuring flexibility and bandwidth.
6. The City of Ammon already has nine pending projects that can be accomplished through the
roster. It is anticipated that the firms on the roster would begin these projects as soon as
possible after the City Council has approved the roster. The nine pending projects are as follows:
1. Peterson Park and Subdivision Water Project - Redesign of an existing residential
subdivision and park water system.
2. Central Street Water Project - Redesign of a water line along a residential street.
3. Ammon/49th Intersection Design - Design of a high volume intersection with a
canal crossing for the eventual installation of a traffic signal.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council May 07, 2026 Page 103 of 168
4. Water Rates Study - Connection fees and Usage rates
5. Sewer Rates Study - Connection Fees and Usage Rates
6. Pressurized Irrigation Rates Study - Connection Fees and Usage Rates
7. Development of a Capital Improvement Plan - Work with the City Engineer to
develop a CIP for Ammon, beginning with Streets.
8. Draft Standard Drawings for City Infrastructure - Work with City Engineer to draft
standard drawings, update standards, and bring them to the City Council for
adoption.
9. LID 6 Public Outreach Campaign - Increase the take rate to 50%+.
Financial Impact
- There is no direct financial obligation associated with approving this roster or the Master Service
Agreements. The agreements establish baseline terms and hourly rates. Specific project costs
will be negotiated and approved individually through Task Orders as needs arise.
Motion
"I move to approve the selection of J-U-B ENGINEERS, Harmony Design & Engineering, and Keller
Associates for the On-Call Engineering Services Roster and authorize the Mayor to execute the Master
Service Agreements as presented."
Attachments:
1. Master Service Agreement - J-U-B ENGINEERS
2. Master Service Agreement - Harmony Design & Engineering
3. Master Service Agreement - Keller Associates
4. RFQ for On-call Engineering Services
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2 Ammon City Council May 07, 2026 Page 104 of 168
Page 1 of 4
J-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
J-U-B Project No.: - -
J-U-B Project Manager:
This Agreement entered into and effective this day of 20 , between , hereinafter referred to as the “CLIENT” and J-U-B
ENGINEERS, Inc., an Idaho corporation, hereinafter referred to as “J-U-B”.
WITNESSETH:
WHEREAS the CLIENT intends to: hereinafter referred to as the “Project”. The Services to be performed by J-U-B are hereinafter referred
to as the “Services.”
NOW, THEREFORE, the CLIENT and J-U-B, in consideration of their mutual covenants herein, agree as set forth below:
CLIENT INFORMATION AND RESPONSIBILITIES
The CLIENT will provide to J-U-B all criteria and full information as to CLIENT’s requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all
design and construction standards, rules and laws which CLIENT or others will require to be included in the drawings and specifications, and
upon which J-U-B can rely for completeness and accuracy.
The CLIENT will furnish to J-U-B all data, documents, and other items in CLIENT’s possession, or reasonably obtainable by CLIENT, including,
without limitation: 1) borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials
and equipment; 2) appropriate professional interpretations of all of the foregoing; 3) environmental assessment and impact statements; 4) surveys
of record, property descriptions, zoning, deeds and other land use restrictions, rules and laws; and 5) other special data or consultations, all of
which J-U-B may use and rely upon in performing Services under this Agreement.
The CLIENT will obtain, arrange and pay for all advertisements for bids, permits and licenses, and similar fees and charges required by
authorities, and provide all land, easements, rights-of-ways and access necessary for J-U-B’s Services and the Project.
In addition, the CLIENT will furnish to J-U-B those items described in Attachment 1.
PROJECT REPRESENTATIVES
The CLIENT and J-U-B hereby designate their authorized representatives to act on their behalf with respect to the Services and responsibilities
under this Agreement. The following designated representatives are authorized to receive notices, transmit information, and make decisions
regarding the Project and Services on behalf of their respective parties, except as expressly limited herein. These representatives are not
authorized to alter or modify the TERMS AND CONDITIONS of this Agreement.
For the CLIENT:
1. Name Work telephone
Address Home/cell phone
FAX telephone
E-mail address
For J-U-B:
1. Name Work telephone
Address Cell phone
FAX telephone
E-mail address
In the event any changes are made to the authorized representatives or other information listed above, the CLIENT and J-U-B agree to furnish
each other timely, written notice of such changes.
Ammon City Council May 07, 2026 Page 105 of 168
Page 2 of 4
SERVICES TO BE PERFORMED BY J-U-B (“Services”)
J-U-B will perform the Services described in Attachment 1 in a manner consistent with the applicable standard of care. J-U-B’s services shall
be limited to those expressly set forth therein, and J-U-B shall have no other obligations, duties, or responsibilities for the Project except as
provided in this Agreement.
SCHEDULE OF SERVICES TO BE PERFORMED
J-U-B will perform said Services in accordance with the schedule described in Attachment 1 in a manner consistent with the applicable standard
of care. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project
requested by the CLIENT or for delays or other causes beyond J-U-B’s control.
BASIS OF FEE
The CLIENT will pay J-U-B for their Services and reimbursable expenses as described in Attachment 1. A ten percent administrative fee will
be applied to sub-consultant invoices.
Other work that J-U-B performs in relation to the Project at the written request or acquiescence of the CLIENT, which are not defined as Services,
shall be considered “Additional Services” and subject to the express terms and conditions of this Agreement. Unless otherwise agreed, the
CLIENT will pay J-U-B for Additional Services on a time and materials basis. Resetting of survey and/or construction stakes shall constitute Additional Services.
File Folder Title:
Remarks:
The Notice to Proceed, by the CLIENT, verbal or written, or execution of the Agreement shall constitute acceptance
of the terms of this Agreement. THE TERMS AND CONDITIONS ON PAGES 3 AND 4, INCLUDING RISK
ALLOCATION, ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS FOR
ALL SERVICES AND ADDITIONAL SERVICES. Special Provisions that modify these TERMS AND CONDITIONS, if
any, are included in Attachment 2. All other modifications to these terms and conditions must be in writing and
signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
These parties represent and acknowledge that they have authority to execute this Agreement.
CLIENT:
NAME
STREET
CITY / STATE / ZIP CODE
BY (Signature)
NAME / TITLE
BY (Signature)
ADDITIONAL NAME / TITLE
J-U-B ENGINEERS, Inc.:
STREET
CITY / STATE / ZIP CODE
BY (Signature)
NAME / TITLE
Applicable
Attachments or
Exhibits to this
Agreement are
indicated as
marked.
Attachment 1 – Scope of Services,
Schedule, and Basis of Fee
Attachment 2 – Special Provisions
Standard Exhibit A – Construction
Phase Services
REV: 4/23
DISTRIBUTION: Accounting; Project File; CLIENT
Ammon City Council May 07, 2026 Page 106 of 168
Page 3 of 4
J-U-B ENGINEERS, Inc. TERMS AND CONDITIONS
GENERAL
All J-U-B Services shall be covered by this Agreement. The Services will be performed in accordance with the care and skill ordinarily used by
members of the subject profession practicing under like circumstances at the same time and in the same locality. J-U-B MAKES NO WARRANTY
EITHER EXPRESS OR IMPLIED ON BEHALF OF IT OR OTHERS. Nothing herein shall create a fiduciary duty between the parties.
The CLIENT acknowledges and agrees that requirements governing the Project may be ambiguous and otherwise subject to various and
possibly contradictory interpretations and J-U-B is, therefore, only responsible to use its reasonable professional efforts and judgment to
interpret such requirements. Accordingly, CLIENT should prepare and plan for clarifications or modifications which may impact both the cost and
schedule of the Project. J-U-B shall not be responsible for acts or omissions of any other party
involved in the Project, including but not limited to the following: the failure of CLIENT or a third party to follow J-U-B’s recommendations; the means,
methods, techniques, sequences or procedures of construction; safety programs and precautions selected by third parties; compliance by
CLIENT or third parties with laws, rules, regulations, ordinances, codes, orders or authority; and delays caused by CLIENT or third parties;.
CLIENT, therefore, releases and shall indemnify, defend and hold J-U-B harmless from the acts, errors, or omissions of CLIENT or third parties
involved in the Project. J-U-B shall not be required to execute any documents, no matter by
whom requested, that would result in J-U-B’s having to certify, guarantee or warrant the existence of conditions. CLIENT acknowledges that
subsurface conditions can vary widely between adjacent samples and test points, and therefore J-U-B makes no warranty or other representation
regarding soil investigations and characterization of subsurface conditions for the Project.
Any sales tax or other tax on the Services rendered under this Agreement, additional costs due to changes in regulation, and fees for
credit card payment transactions shall be paid by the CLIENT.
CLIENT grants J-U-B and its subsidiaries the unrestricted right to take,
use, and publish images, or edited images, of the project site and workers for
J-U-B’s purposes including, but not limited to, website, intranet, and
marketing. This right shall survive the termination of this Agreement.
REUSE OF DOCUMENTS
Documents that may be relied upon by CLIENT as instruments of service under this Agreement are limited to the printed copies (also known
as hard copies) that are signed or sealed by J-U-B (including non-vector PDF facsimiles thereof). All printed materials or other communication or
information (“Documents”) that may be prepared or furnished by J-U-B pursuant to this Agreement are instruments of service with respect to the
Project. J-U-B grants CLIENT a limited license to use the Documents on the Project subject to receipt by J-U-B of full payment for all Services
related to preparation of the Documents. Although CLIENT may make and retain copies of Documents for
reference, J-U-B shall retain all common law, statutory and other reserved rights, including the copyright thereto, and the same shall not be reused
on this Project or any other Project without J-U-B’s prior written consent. Submission or distribution of Documents to meet regulatory or permitting
requirements, or for similar purposes, in connection with the Project, including but not limited to distribution to contractors or subcontractors for
the performance of their work, is not to be construed as publication adversely affecting the reserved rights of J-U-B.
Any reuse without written consent by J-U-B, or without verification or adoption by J-U-B for the specific purpose intended by the reuse, will be
at CLIENT’s sole risk and without liability or legal exposure to J-U-B. The CLIENT shall release, defend, indemnify, and hold J-U-B harmless from
any claims, damages, actions or causes of action, losses, and expenses, including reasonable attorneys’ and expert fees, arising out of or resulting
from such reuse.
CONSTRUCTION PHASE SERVICES
It is understood and agreed that J-U-B does not have control over, and neither the professional activities of J-U-B nor the presence of J-U-B
at the Project Site shall give, J-U-B control over contractor(s) work nor shall J-U-B have authority over or responsibility for the means, methods,
techniques, sequences or procedures of construction selected by
contractor(s), for safety precautions and programs incident to the work of
the contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractor(s)
furnishing and performing their work or providing any health and safety
precautions required by any regulatory agencies. Accordingly, J-U-B does not guarantee or warrant the performance of the construction contracts by
contractor(s), nor assume responsibility of contractor(s)’ failure to furnish and perform their work in accordance with the Contract Documents.
The CLIENT agrees that the general contractor shall be solely responsible for jobsite safety, and CLIENT agrees that this intent shall be
set forth in the CLIENT’s contract with the general contractor. The CLIENT also agrees that the CLIENT, J-U-B, and J-U-B’s subconsultants shall be
indemnified by the general contractor in the event of general contractor’s failure to assure jobsite safety and shall be made additional insureds under
the general contractor’s policies of general liability insurance. If Standard Exhibit A – Construction Phase Services is attached, the
additional terms contained therein apply to this Agreement.
OPINIONS OF COST AND PROJECT FINANCIAL INFORMATION
CLIENT understands that J-U-B has no control over the cost of labor, materials, equipment or services furnished by others, the contractor(s)’
methods of determining prices, nor bidding or market conditions. J-U-B’s opinions of probable Project costs and construction, if any, are to be made
on the basis of J-U-B’s experience, and represent J-U-B’s best judgment as a professional engineer, familiar with the construction industry.
CLIENT understands and acknowledges that J-U-B cannot and does not guarantee that proposals, bids or actual Project or construction costs
will not vary from opinions of probable cost prepared by J-U-B. J-U-B’s Services to modify the Project to bring the construction costs within any
limitation established by the CLIENT will be considered Additional Services and paid for as such by the CLIENT in accordance with the terms
herein. CLIENT agrees that J-U-B is not acting as a financial advisor to the
CLIENT and does not owe CLIENT or any third party a fiduciary duty pursuant to Section 15B of the Exchange Act with respect to J-U-B’s
professional Services. J-U-B will not give advice or make specific recommendations regarding municipal securities or investments and is
therefore exempt from registration with the SEC under the municipal advisors rule. CLIENT agrees to retain a registered financial municipal
advisor as appropriate for Project financing and implementation.
TIMES OF PAYMENTS
J-U-B shall submit monthly statements for Services rendered and for expenses incurred, which statements are due on presentation. CLIENT
shall make prompt monthly payments. If CLIENT fails to make any payment in full within thirty (30) days after receipt of J-U-B’s statement,
the amounts due J-U-B will accrue interest at the rate of 1% per month from said thirtieth day or at the maximum interest rate allowed by law,
whichever is less. If the CLIENT fails to make payments when due or otherwise is in
breach of this Agreement, J-U-B may suspend performance of Services upon five (5) days’ notice to the CLIENT. J-U-B shall have no liability
whatsoever to the CLIENT for any costs or damages as a result of such suspension caused by any breach of the Agreement by the CLIENT. Upon
cure of breach or payment in full by the CLIENT within thirty (30) days of the date breach occurred or payment is due, J-U-B shall resume Services
under the Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension, plus any
other reasonable time and expense necessary for J-U-B to resume performance. If the CLIENT fails to make payment as provided herein and
cure any other breach of this Agreement within thirty (30) days after suspension of Services, such failure shall constitute a material breach of
this Agreement and shall be cause for termination of this Agreement by J-U-B.
CLIENT shall promptly review J-U-B’s invoices and shall notify J-U-B in writing of any dispute with said invoice, or portion thereof, within thirty
(30) days of receipt. Failure to provide notice to J-U-B of any dispute as required herein shall constitute a waiver of any such dispute. CLIENT shall
pay all undisputed portions of such invoice as required by this Agreement. Client shall not withhold any payment or portion thereof as an offset to any
current or prospective claim.
TERMINATION
The obligation to provide further Services under the Agreement may be terminated by either party upon thirty (30) days’ written notice. If this
Agreement is terminated by either party, J-U-B will be paid for Services
and Additional Services rendered and for expenses incurred. In addition
to any other remedies at law or equity, if the Agreement is terminated by
Ammon City Council May 07, 2026 Page 107 of 168
Page 4 of 4
the CLIENT for reasons other than J-U-B’s material breach of this
Agreement, or is terminated by J-U-B for CLIENT’s material breach of this
Agreement, J-U-B shall be paid a termination fee which shall include: the
cost and expense J-U-B incurs in withdrawing its labor and resources from
the Project, the costs and expense incurred by J-U-B to obtain and engage
in a new Project with the labor and resources withdrawn from the Project,
and the lost profit on the remainder of the work.
RISK ALLOCATION
In recognition and equitable allocation of relative risks and benefits of
the Project, CLIENT limits the total aggregate liability of J-U-B and its
employees and consultants, whether in tort or in contract, for any cause of
action, as follows: 1) for insured liabilities, to the amount of insurance then
available to fund any settlement , award, or verdict, or 2) if no such
insurance coverage is held or available with respect to the cause of action,
twenty five thousand dollars ($25,000.00) or one hundred percent (100%)
of the fee paid to J-U-B under this Agreement, whichever is less. J-U-B
carries professional liability insurance and will provide a certificate of
insurance at the request of the CLIENT. For purposes of this section,
attorney fees, expert fees and other costs incurred by J-U-B, its
employees, consultants, insurance carriers in the defense of such claim
shall be included in calculating the total aggregate liability.
The CLIENT agrees that J-U-B is not responsible for damages arising
directly or indirectly from any delays for causes beyond J-U-B’s control. For purposes of this Agreement, such causes include, but are not limited
to, strikes or other labor disputes; emergencies or acts of God; failure of
any government agency or other third party to act in a timely manner;
failure of performance by the CLIENT or the CLIENT’s contractors or
consultants; or discovery of any hazardous substance or differing site
conditions. In addition, if the delays resulting from any such causes increase the cost or time required by J-U-B to perform its Services in an
orderly and efficient manner, J-U-B shall be entitled to an equitable
adjustment in schedule and compensation.
Notwithstanding any other provision contained within this Agreement,
nothing shall be construed so as to void, vitiate, or adversely affect any
insurance coverage held by either party to this Agreement. The CLIENT further agrees that, to the fullest extent permitted by law, no shareholder,
officer, director, or employee of J-U-B shall have personal liability under
this Agreement, or for any matter in connection with the professional
services provided in connection with the Project.
Neither CLIENT nor J-U-B shall be responsible for incidental, indirect,
or consequential damages.
HAZARDOUS WASTE, ASBESTOS, AND TOXIC MATERIALS
The CLIENT agrees, notwithstanding any other provision of this
Agreement, to the fullest extent permitted by law, to indemnify and hold
harmless J-U-B, its officers, employees, successors, partners, heirs and
assigns (collectively, J-U-B) from and against any and all claims, suits,
demands, liabilities, losses, damages or costs, including reasonable attorneys’ fees and defense costs arising out of or in any way connected
with the detection, presence, handling, removal, abatement, or disposal of
any asbestos or hazardous or toxic substances, products or materials that
exist on, about or adjacent to the Project location, whether liability arises
under breach of contract or warranty, tort, including negligence, strict
liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of J-U-B.
RIGHT OF ENTRY
The CLIENT shall provide J-U-B adequate and timely access to all
property reasonably necessary to the performance of J-U-B and its
subconsultant’s services. The CLIENT understands that use of testing or
other equipment may unavoidably cause some damage, the correction of which, or compensation for, is expressly disclaimed by J-U-B. Any such
costs incurred are CLIENT’s sole responsibility.
MEDIATION BEFORE LITIGATION
Any and all disputes arising out of or related to the Agreement, except
for the payment of J-U-B’s fees, shall be submitted to nonbinding
mediation before a mutually-acceptable mediator as a condition precedent to litigation or other binding adjudicative procedure unless the parties
mutually agree otherwise. The CLIENT further agrees to include a similar mediation provision in all agreements with independent contractors,
consultants, subcontractors, subconsultants, suppliers and fabricators on
the Project, thereby providing for mediation as the primary method for
dispute resolution among all the parties involved in the Project. In the event the parties are unable to agree on a mediator, said mediator shall
be appointed by a court of competent jurisdiction or, if not possible, the American Arbitration Association. If a dispute relates to, or is the subject
of a lien arising out of J-U-B’s Services, J-U-B or its subconsultants may
proceed in accordance with applicable law to comply with the lien notice
and filing deadlines prior to submission of the matter by mediation.
LIMITATION PERIODS
For statutes of limitation or repose purposes, any and all CLIENT
claims shall be deemed to have accrued no later than the date of
substantial completion of J-U-B’s Services.
LEGAL FEES
For any action arising out of or relating to this Agreement, the
Services, or the Project, each party shall bear its own attorneys fees and
costs.
SURVIVAL
All express representations, waivers, indemnifications, and limitations
of liability included in this Agreement will survive its completion or
termination for any reason.
EXTENT OF AGREEMENT
In entering into this Agreement, neither party has relied upon any
statement, estimate, forecast, projection, representation, warranty, action,
or agreement of the other party except for those expressly contained in
this Agreement. CLIENT shall include a similar provision in its contracts
with any contractor, subcontractor, or consultant stating that any such
contractor, subcontractor, or consultant is not relying upon any statement,
estimate, forecast, projection, representation, warranty, action, or agreement of J-U-B when entering into its agreement with CLIENT.
This Agreement represents the entire and integrated agreement
between the CLIENT and J-U-B and supersedes all prior negotiations,
representations or agreements, either written or oral. The Agreement may
be amended only by written instrument signed by both CLIENT and J-U-B.
In the event any provision herein or portion thereof is invalid or unenforceable, the remaining provisions shall remain valid and
enforceable. Waiver or a breach of any provision is not a waiver of a
subsequent breach of the same of any other provision.
SUCCESSORS AND ASSIGNS
Neither party shall assign, sublet, or transfer any rights or interest
(including, without limitation, moneys that are due or may become due) or claims under this Agreement without the prior, express, written consent of
the other, except to the extent that any assignment, subletting, or transfer
is mandated or restricted by law. Unless specifically stated in any written
consent to an assignment, no assignment will release the assignor from
any obligations under this Agreement.
No third party beneficiary rights are intended or created under this Agreement, nor does this Agreement create any cause of action in favor
of any third party hereto. J-U-B’s Services under this Agreement are being
performed solely for the CLIENT’s benefit, and no other party or entity shall
have any claim against J-U-B because of this Agreement or the
performance or nonperformance of Services hereunder. In the event of
such third party claim, CLIENT agrees to indemnify and hold J-U-B harmless from the same. The CLIENT agrees to require a similar provision
in all contracts with contractors, subcontractors, consultants, vendors and
other entities involved in the Project to carry out the intent of this provision
to make express to third parties that they are not third party beneficiaries.
CONTROLLING LAW, JURISDICTION, AND VENUE
This Agreement shall be interpreted and enforced in and according to the laws of the state in which the Project is primarily located. Venue of
any dispute resolution process arising out of or related to this Agreement shall be in the state in which the Project is primarily located and subject to
the exclusive jurisdiction of said state.
CYBER INSURANCE CLIENT shall maintain and submit proof of Cyber-Liability insurance
coverage with limits no less than $2M to cover claims, damages, or costs resulting from or related to a cybersecurity incident involving CLIENT’s
systems that affects J-U-B including, but not limited to, costs incurred by
J-U-B resulting from said incident. Whether or not covered by CLIENT’s
insurance, CLIENT shall indemnify, defend, and hold J-U-B harmless from any claims, damages, or costs related to any cybersecurity incident.
Ammon City Council May 07, 2026 Page 108 of 168
MASTER SERVICE AGREEMENT
CITY OF AMMON
THIS AGREEMENT made and entered into this ___ day of __________, 2026, by and between the
CITY OF AMMON, IDAHO, a municipal corporation (hereinafter referred to as “Ammon” or “City”) and
HARMONY DESIGN, INC. (DBA HARMONY DESIGN & ENGINEERING), a Wyoming S-Corporation, (hereinafter
referred to as “Contractor”).
RECITALS
1. Ammon is a municipal corporation duly organized and existing under the laws of the State of Idaho.
2. Ammon is in need of professional services to include but not limited to general civil engineering,
municipal consulting, land use planning, construction management, and surveying to assist in
enhancing the City’s infrastructure in the City of Ammon, Idaho;
3. Contractor has on staff Professional Engineers, Professional Land Surveyors, Certified Floodplain
Managers, Professional Landscape Architects, and AICP Planners registered and licensed with the
Idaho Board of Professional Engineers, the Idaho Board of Professional Land Surveyors, the
Association of State Floodplain Managers, Idaho Board of Landscape Architects, and the American
Institute of Certified Planners respectively;
4. Contractor will provide services to the City of Ammon consistent with the services identified in
Attachment A.
5. Pursuant to Idaho Code §§ 50-301 and 50-302, Ammon is empowered to enter into contracts and
take such steps as are reasonably necessary to maintain the peace, good government and welfare
of the City.
6. Contractor desires to enter into an Agreement with Ammon to provide such services all as
hereinafter provided.
NOW, THEREFORE, the parties hereto covenant and agree as follows:
1. SCOPE OF WORK: Contractor agrees to provide those services described in Attachment A, as an
independent contractor. At the request of the City, a scope of work, schedule, and fee for each project will
be prepared for approval by the City using the Work Order described in Attachment C. Contractor shall be
responsible for all associated taxes, workers’ compensation and other related expenses.
2. AMOUNT AND METHOD OF PAYMENT: The City agrees to pay Contractor for services rendered
under this Agreement on a time and materials basis in accordance with Attachment B, Professional
Services Fee Schedule. Fees shall be based on the service provided by the Contractor.
Contractor shall maintain time and expense records and make them available to the City with payment
invoices in a format acceptable to the City for work performed to the date of the invoice. Each invoice
shall specify charges as they relate to specific projects. Each invoice shall also specify current billing and
previous payments, with a total of costs incurred and payments made to date.
All invoices shall be paid by the City within sixty (60) days of receipt of proper invoice. Uncontested
invoices paid after sixty days may be subject to a 1.5% per month late charge applied to the outstanding
balance, including late charges.
Ammon City Council May 07, 2026 Page 109 of 168
If the services subject to a specific invoice do not meet the requirements of this Agreement as the City
may determine, the City shall notify Contractor in writing and provide specific deficiencies in the work
that do not meet the requirements. Contractor shall have seven (7) working days to correct or modify
the work to comply with the requirements of the Agreement as set forth in the City's written notice. If
the City again determines the work fails to meet the requirements, the City may withhold payment
until deficiencies have been corrected to the City's satisfaction or may terminate this Agreement for
cause as set forth in Section 19 of this Agreement.
3. RIGHT OF CONTROL: The City agrees that it will have no right to control or direct the details, manner,
or means by which Contractor accomplishes the results of the services performed hereunder. Contractor
has no obligation to work any particular hours or days or any particular number of hours or days. Contractor
agrees, however, that its other contracts and services shall not interfere with its performance under this
Agreement. Contractor agrees to coordinate project schedules and respective commencements and
deadlines with the Director of Planning and Building.
4. INDEPENDENT CONTRACTOR RELATIONSHIP: Contractor is not an employee, servant, agent,
partner, or joint venture of the City. The City shall determine the work to be done by Contractor, but
Contractor shall determine the legal means by which it accomplishes the work specified by the City. This
Agreement shall not be construed to create any employer-employee relationship between the City and
Contractor.
5. RECORDS ACCESS AND AUDITS: Contractor shall maintain complete and accurate records with
respect to costs incurred and hours expended under this Agreement. All such records shall be maintained
according to generally accepted accounting principles, shall be clearly identified, and shall be readily
accessible. Such records shall be available for review by the City representatives for three (3) years after final
payment. Copies shall be made available to the City upon request.
6. FEDERAL, STATE, AND LOCAL PAYROLL TAXES: Neither federal, state, or local income taxes nor
payroll taxes of any kind shall be withheld and paid by the City on behalf of Contractor or the employees of
Contractor. Contractor shall not be treated as an employee with respect to the services performed
hereunder for federal or state tax purposes. Contractor understands that Contractor is solely responsible to
pay, according to law, Contractor's income tax. Contractor further understands that Contractor may be liable
for self-employment (Social Security) tax to be paid by Contractor according to law.
7. LICENSES AND LAW: Contractor represents that it possesses the requisite skill, knowledge, and
experience necessary, as well as all licenses required, if any, to perform the services under this
Agreement. Contractor further agrees to comply with all applicable laws, ordinances, and codes of
federal, state, and local governments in the performance of the services hereunder.
8. FRINGE BENEFITS: Because Contractor is engaged in its own independently established business,
Contractor is not eligible for and shall not participate in any employee pension, health, or other fringe benefit
plans of the City.
9. WORKER'S COMPENSATION: Contractor shall maintain in full force and effect worker's
compensation and general liability insurance for Contractor and any agents, employees, and staff that
Contractor may employ, and provide proof to the City of such coverage or that such worker's
compensation insurance is not required under the circumstances.
10. EQUIPMENT, TOOLS, MATERIALS, OR SUPPLIES: Contractor shall supply, at its sole expense, all
Ammon City Council May 07, 2026 Page 110 of 168
equipment, tools, materials, and/or supplies to accomplish the services to be provided herein.
11. PROPRIETARY RIGHTS: All data, materials, reports, maps, graphics, tables, memoranda, and
other documents or products developed under this Agreement whether finished or not shall become the
property of the City, shall be forwarded to the City at its request, and may be used by the City for any
business or municipal purpose. The City agrees that if it uses products prepared by Contractor for purposes
other than those intended in this Agreement, it does so at its sole risk.
12. CONFIDENTIALITY: Contractor agrees to maintain confidentiality of all work product produced
under this Agreement, including both interim and draft, materials, reports, maps, graphics, tables,
memoranda, and other documents unless and until the City signifies its written approval that such work
product may be published as final work product subject to the public records laws of the state of Idaho. The
City reserves the right to distribute the final work product as it sees fit provided that Contractor may use
final reports as approved and adopted by the Ammon City Council in the marketing of its firm.
13. TERM OF AGREEMENT: This Agreement shall commence as of the effective date specified in
this Agreement and shall remain in effect for one (1) year unless terminated by either party as set forth
in this Agreement. This agreement will automatically be extended under the same terms and conditions herein
provided, for an additional period of one (1) year, unless terminated by either party as set forth in this
Agreement.
14. ENTIRE AGREEMENT: This Agreement, along with any and all exhibits and appendix attached hereto
and incorporated herein by reference, contains the entire agreement of the parties and supersedes any and
all other agreements or understandings, oral or written, whether previous to the execution hereof or
contemporaneous herewith.
15. GENERAL ADMINISTRATION AND MANAGEMENT: The Director of Planning and Building or his/her
designee shall be the City's representative and shall oversee and approve all services to be performed,
coordinate all communications, review and approve all invoices, and carry out any and all tasks as may be
required under this Agreement.
16. CHANGES: The City reserves the right to makes changes from time to time in the scope of services
to be performed hereunder. Such changes, including any increase or decrease in Contractor's compensation,
which are mutually agreed upon by and between the City and Contractor, shall be incorporated in written
amendments to this Agreement.
17. AMENDMENTS: This Agreement may be amended only in writing upon mutual agreement of both
the City and Contractor.
18. ASSIGNMENT: It is expressly agreed and understood by the parties hereto that Contractor shall
not have the right to assign, transfer, hypothecate, or sell any of its rights under this Agreement except
upon the prior express written consent of the City.
19. TERMINATION OF AGREEMENT:
19.1. FOR CAUSE DUE TO BREACH: If Contractor shall fail to fulfill its obligations in
compliance with the scope of work or if Contractor shall violate any of the covenants, agreements, or
stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by
giving written notice to the Contractor and specifying the effective date thereof at least fifteen (15)
days before the effective date of such termination. If this Agreement is terminated for cause,
Ammon City Council May 07, 2026 Page 111 of 168
Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily
completed hereunder.
Notwithstanding the above, Contractor shall not be relieved of liability to the City by virtue of any breach of
this Agreement by Contractor, and the City may withhold any payments to Contractor for the purpose of
setoff until such time as the exact amount of damages due the City from Contractor is determined.
Contractor shall also provide the City all products or works of consulting generated to date of termination.
19.2. TERMINATION WITHOUT CAUSE: The City and Contractor reserve the right to terminate
this Agreement at any time, for any reason, without cause by giving at least sixty (60) days' notice in
writing to the other party. If this Agreement is terminated as provided herein, Contractor shall be paid
for the work performed prior to termination, less payment or compensation previously made.
Contractor shall also provide the City all products or works generated to date of termination.
20. NOTICES: Any and all notices required to be given by either of the parties hereto, unless otherwise
stated in this Agreement, shall be in writing and be deemed communicated when mailed in the United States
mail, certified, return receipt requested, addressed as follows:
To CITY: City Clerk
City of Ammon
2135 South Ammon Road
Ammon, ID 83406
To CONTRACTOR: Jennifer Zung Harmony Design & Engineering
PO Box 369
Driggs Idaho 83422
21. DISCRIMINATION PROHIBITED: In performing the services required herein, Contractor agrees not
to discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age,
or handicap. Violation of this section shall constitute a material breach of this Agreement and deemed
grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and
may result in ineligibility for further work for the City.
22. STANDARD OF SERVICE: Contractor shall provide services as described in this Agreement. These
services will be performed in accordance with generally accepted professional practices for the scope
of this project. Contractor makes no other warranty either expressed or implied.
23. INDEMNIFICATION: Contractor agrees to indemnify, defend, and hold harmless the City and its
officers, agents, employees and City Council from and against all claims, losses, actions, or judgments
for damages or injury to persons or property arising out of or resulting from the negligent performances
or activities of Contractor, Contractor's agents, employees, or representatives under this Agreement.
24. INSURANCE: Contractor agrees to obtain and keep in force during its acts under this Agreement
a professional liability insurance policy with coverage limits equal to a minimum of $1,000,000.00 per
occurrence. Certificate of proof of insurance will be provided to the City. Contractor shall provide proof of
coverage as set forth above to the City before commencing its performance as herein provided and
shall require insurer to notify the City ten (10) days prior to cancellation of said policy. Deliver
certificates of insurance and endorsements required by this Article to:
Ammon City Council May 07, 2026 Page 112 of 168
City Clerk
City of Ammon
2135 South Ammon Road
Ammon, ID 83406
25. NONWAIVER: Failure of either party to exercise any of the rights under this Agreement or breach
thereof shall not be deemed to be a waiver of such right or a waiver of any subsequent breach.
26. APPLICABLE LAW: Any dispute under this Agreement or related to this Agreement shall be
decided in accordance with the laws of the state of Idaho.
27. SEVERABILITY: If any part of this Agreement is held unenforceable, the remaining portions of the
Agreement will nevertheless remain in full force and effect.
28. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to costs
and reasonable attorney fees as determined by a court of competent jurisdiction. This provision shall be
deemed to be a separate contract between the parties and shall survive any default, termination, or
forfeiture of this Agreement.
29. EFFECTIVE DATE: The effective date of this Agreement shall be the day this Agreement is signed by
the City.
30. DISPUTES: In the event that a dispute arises between the City and Contractor regarding application
or interpretation of any provision of this Agreement, the aggrieved party shall promptly notify the other
party to this Agreement of the dispute within ten (10) days after such dispute arises. If the parties shall
have failed to resolve the dispute within thirty (30) days after delivery of such notice, the parties agree to
first endeavor to settle the dispute in an amicable manner by non-binding mediation before resorting to
litigation. Should the parties be unable to resolve the dispute to their mutual satisfaction within thirty (30)
days after such completion of mediation, each party shall have the right to pursue any rights or remedies it
may have at law or in equity.
31. SUCCESSORS IN INTEREST: The provisions of this Agreement shall be binding upon and shall inure
to the benefit of the parties hereby and their respective successors and assigns.
32. MISCELLANEOUS: Contractor has not been retained to supervise, direct, or have control over any
contractor's work. Contractor specifically does not have authority over or responsibility for the means,
methods, techniques, sequences, or procedures of construction selected by contractor(s) for safety
precautions and programs to the work of contractor(s) or for any failure of contractor(s) to comply with
laws, rules, regulations, ordinances, codes, or orders applicable to contractor(s) furnishing and performing
their work. Accordingly, Contractor can neither guarantee the performance of the construction contracts
by contractor(s) nor assume responsibility for the failure of contractor(s) to furnish and perform their work
in accordance with the contract documents.
33. CONFLICT OF INTEREST: Contractor shall disclose any conflict of interest to the City that may arise
or exists with any of Contractors current or former employers, clients, contractors or the like of or regarding
any work, information, data, that may relate to the subject matter whether it is within the Contractor's scope
of work or not. In the event a conflict of interest is identified, Contractor shall immediately disclose the
conflict and the City may, in its sole discretion determine that this Agreement will terminate, or agree to
measures to address the conflict and limit Contractor's scope of work to avoid the conflict. Failure to
Ammon City Council May 07, 2026 Page 113 of 168
promptly disclose a conflict of interest constitutes Contractor's breach of this Agreement.
IN WITNESS WHEREOF, THE CITY and Contractor have executed this Agreement as of the effective date
specified above.
CITY OF AMMON CONTRACTOR
By: By:____________________________
Brian Powell Jennifer Zung
Mayor Principal
DATE: ______________________________ DATE: ________________________
ATTEST:
By: __________________________________
Joanna Dahm
City Clerk
DATE: _______________________________
Ammon City Council May 07, 2026 Page 114 of 168
ATTACHMENT A
SCOPE OF WORK
Harmony will provide services on an as-needed basis as determined by the City. If requested by the
City for a specific project, the City will review the scope of work with Harmony, and Harmony will
provide the Client with a not-to-exceed or lump sum cost for that project using the Work Order
template found in Attachment C.
Duties and responsibilities of Harmony shall include, but are not limited to, the following:
1. General Civil Engineering. Design and oversight of culinary water systems, sanitary sewer
collection, storm drainage, irrigation, and multi-modal transportation/roadway projects.
2. Municipal Consultation. Support for Public Works, City Council presentations, and grant
application assistance (e.g., LHTAC, DEQ, ITD).
3. Land Use Planning. Review of subdivision plats, Annexation/Rezone applications, and ensuring
compliance with the City’s Comprehensive Plan and Development Code.
4. Construction Management. Inspection services, materials testing, and contract administration
for City-led public works projects.
5. Surveying. Topographic and boundary surveying for municipal projects and right-of-way
acquisitions.
6. Other services as requested by the City that can be provided by Harmony staff.
Ammon City Council May 07, 2026 Page 115 of 168
ATTACHMENT B
SCHEDULE OF RATES
PROFESSIONAL SERVICES
Principal Engineer/Landscape Arch $ 215 /hr
Senior Project/Survey Manager $ 195 /hr
Professional Engineer II $ 180 /hr
Professional Engineer I $ 170 /hr
Professional Landscape Architect II $ 180 /hr
Professional Landscape Architect I $ 170 /hr
Planner/Engineer/Designer II $ 153 /hr
Planner/Engineer/Designer I $ 125 /hr
Professional Land Surveyor $ 185 /hr
Surveyor II $ 151 /hr
Surveyor I $ 132 /hr
Survey Technician II $ 120 /hr
Survey Technician I $ 110 /hr
GIS/CAD Drafter $ 110 /hr
Landscape Architect Technician $ 110 /hr
Administration $ 100 /hr
Expert Witness $ 450 /hr
DIRECT EXPENSES & FEES
Print, B&W (8 ½”x11”) $ 0.35 /copy Lath/Hubs/Stakes $ 1.70 ea.
Print, B&W (11x17”) $ 0.55 /copy Spikes $ 2.80 ea.
Print, Color (8 ½”x11”) $ 1.45 /copy Mag nail $ 0.65 ea.
Print, Color (11x17”) $ 2.85 /copy Steel fence post $ 16.00 ea.
Print, B&W (24x36”) $ 8.00 /sheet Rebar/Control Point $ 7.00 ea.
Print, Color (24x36”) $ 24.00 /sheet Rebar & Aluminum cap $ 13.00 ea.
Print, B&W Mylar $ 24.00 /sheet Flagging $ 3.50 /roll
Mileage $ 0.95 /mile Marking Paint $ 8.00 /can
Trimble GPS $ 60.00 /hr Aluminum pipe mon $ 66.00 ea.
Robotic Total Station $ 60.00 /hr Bailer $ 10.00 ea.
Field Meter $ 30.00 /hr Nitrate/Nitrite Test Strips $ 3.00 ea.
Sounder $ 30.00 /hr
Reimbursable expenses such as outside reproduction, deliveries, postage, sub-consultant fees, fees paid on behalf of the client, and travel costs are charged as listed above or at cost plus 10%.
These Professional Service Rates are considered confidential and shall not be released
to a third party without written permission of Harmony Design, Inc. Rates are subject to change.
Effective January 1, 2026
Ammon City Council May 07, 2026 Page 116 of 168
ATTACHMENT C
City of Ammon On-Call Engineering
WORK ORDER FORM
Project Name: Work Order Date: Work Order No:
Pursuant to the Agreement between the City of Ammon (City) and Harmony Design, Inc. (Contractor) dated ________________, 2026 (Agreement), Contractor agrees to perform work described below. Contractor shall furnish all necessary facilities, material and professional, technical and supporting personnel required
by this Work Order (WO). Scope of Work and Schedule (and/or as attached) additional pages attached
Work Order Total Compensation
City shall pay Contractor on a Time & Materials basis not to exceed $ in accordance with Section 2 of the Agreement as compensation for the above Scope of Work performed pursuant to this WO.
APPROVED by CITY OF AMMON APPROVED by HARMONY DESIGN, INC.
Signature Signature
Printed Name: Printed Name: Title: Title:
Ammon City Council May 07, 2026 Page 117 of 168
Ammon City CouncilMay 07, 2026Page 118 of 168
AGREEMENT v3.8.2024 Page 2 of 4
TERMS AND CONDITIONS
1. CONTRACT – This document constitutes the full and complete Agreement between the parties and supersedes all prior
negotiations, representations or agreements, whether written or oral. The Agreement may be amended only if both parties
specifically agree in writing to such amendment of the Agreement.
2. INVOICES AND PAYMENT – Owner will make payment within 15 calendar days of the invoice date. Consultant shall keep
accurate records of expenses. If Owner contests an invoice, Owner shall advise the Consultant within 15 days of receipt of
invoice of the specific basis for doing so, may withhold only that portion so contested, and shall pay the undisputed portion.
Interest. If payment is not received by the Consultant within 30 calendar days of the invoice date, Owner shall pay interest at a
rate of 1½% per month (or the maximum allowable by law, whichever is lower) of the past due amount. Payments will be
credited first to interest and then to principal.
Suspension. If the Owner fails to make payments when due, the Consultant may suspend performance of services upon five (5)
calendar days’ notice to the Owner. Owner agrees to indemnify and hold Consultant harmless from any claim or liability resulting
from such suspension.
3. DOCUMENTS – All documents prepared or furnished by Consultant are instruments of service, and Consultant retains ownership
and property interest (including the copyright and the right of reuse) in such documents. Owner shall have a limited license to
use the documents in and for the Project subject to full payment for all services relating to preparation of the documents. The
Owner agrees to obtain prior written agreement for any reuse or modifications of the instruments of service, and understands
that any unauthorized use of the instruments of service shall be at the Owner’s sole risk and without liability to the Consultant.
4. STANDARD OF CARE – The standard of care for all professional engineering and related services performed or furnished by
the Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession
practicing under similar circumstances at the same time and in the same locality. The Consultant makes no warranties,
expressed or implied, under this Agreement or otherwise, in connection with the Consultant’s services. Consultant shall
exercise usual and customary professional care in its efforts to comply with applicable codes, regulations, laws, rules,
ordinances, and such other requirements in effect as of the date of execution of this Agreement.
5. ACCEPTANCE OF WORK – Pursuant to the scope of services described herein, Consultant shall perform the services which will be
subject to the Owner’s review and approval, which will not be unreasonably withheld. The Consultant shall make Owner’s
requested revisions to the services and/or deliverables (consistent with the scope of work), correcting any negligent errors or
omissions within the deliverables without additional compensation to the Consultant. Consultant will be compensated for
additional services for Owner-requested out of scope items and for rework triggered by Owner-requested changes to previously
agreed upon design criteria and concepts.
6. CHANGES OR DELAYS – The proposed scope of services, compensation, schedule, and allocation of risks reflect Consultant’s
understanding of the Project at the date of this Agreement and respective Task Orders. Costs and schedule commitments shall
be subject to renegotiation for changed conditions, unreasonable delays caused by the Owner’s failure, independent
government agencies, Force Majeure events (i.e. acts of God, riots, wars, sabotage, strikes, civil disturbances, pandemics,
government declared emergencies, etc.), or causes beyond the reasonable control of Consultant. Where this occurs, changes in
the Agreement and task orders shall be negotiated and an equitable adjustment in compensation and schedule shall be made.
7. TERMINATION OR REDUCTION OF SERVICES – The Owner and Consultant may terminate this Agreement in whole or in part at
any time by giving 30 days written notice thereof. The Owner shall promptly pay Consultant for all services rendered to the
effective date of suspension of services, plus suspension charges, which shall include the cost of assembling documents,
personnel and equipment, rescheduling or reassignment, and commitments made to others on the Owner’s behalf. If Owner
elects to terminate, modify, or reduce any portion of Consultant’s services under this Agreement, Owner shall indemnify
Consultant from any damages related to the services or activities Consultant did not provide.
8. SUSPENSION OF SERVICES – If the Owner suspends services of the Consultant for any reason for more than thirty days, the
Consultant shall be reimbursed for expenses incurred due to suspension of services, including costs associated with rescheduling
or reassigning personnel, and commitments made to others on Owner’s behalf.
9. INDEMNITY AND LIMITATION OF LIABILITY – Owner and Consultant each agree to indemnify and hold the other (including their
respective officers, directors, employees, agents, owners, shareholders, members, partners, sub-consultants, subcontractors,
and representatives) harmless from and against liability for all claims, losses, damages and expenses, to the extent such claims,
losses, damages, or expenses are caused by the indemnifying party’s negligent acts, errors or omissions. In the event claims,
losses, damages, or expenses are caused by the joint or concurrent negligence of Owner and Consultant, they shall be borne by
each party in proportion to its negligence. Neither the Owner nor Consultant shall be liable for incidental, indirect or
consequential damages. The Consultant’s liability to the Owner and to all construction contractors and subcontractors on the
Ammon City Council May 07, 2026 Page 119 of 168
AGREEMENT v3.8.2024 Page 3 of 4
Project, due to the Consultant’s negligent acts, errors omissions, or breach of contractual obligations relating to or arising out of
the Project shall not exceed the Consultant’s total fee of the respective Task Order.
10. OPINIONS OF COST – Consultant’s opinions of probable cost represent Consultant’s judgment as an experienced and qualified
design professional. Since Consultant has no control over the cost of labor, materials, equipment, or services furnished by others,
or over the Owner’s and other contractor’s methods of determining prices, or over competitive bidding or market conditions, the
Consultant cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of
probable cost prepared by the Consultant.
11. CONSTRUCTION PHASE SERVICES – If Consultant performs any services during the construction phase of the Project, Consultant
shall not supervise, direct, or have control over Owner’s contractor’s work. Consultant shall not have authority over or
responsibility for the construction means, methods, techniques, sequences or procedures or for safety precautions and
programs in connection with the work of the contractor. Consultant does not guarantee the performance of the construction
contract by the contractor and does not assume responsibility for the contractor’s failure to furnish and perform its work in
accordance with the Contract Documents. Consultant will not direct or alter payment methodology between Owner and
Contractor. Owner agrees to indemnify and hold harmless Consultant from any liability for fraudulent electronic transfers.
The Owner acknowledges the decision to not have the Consultant provide comprehensive construction phase services (such as
submittal reviews, responses to requests for information, project coordination meetings, and full-time construction observation)
throughout the project may increase the risk of errors, omissions, and failure to realize the design intent during the construction
phase. The Owner assumes responsibility for such risks and agrees to indemnify and hold the design Consultant harmless from
claims, damages, or costs arising from such risks.
12. MISCELLANEOUS
Right of Entry: Unless otherwise noted in the scope of work, the Owner shall provide for Consultant’s right to enter the property
owned by the Owner and others in order to fulfill the services to be performed hereunder.
Dispute Resolution: Owner or its Contractor agree to notify Consultant of any claims against the Consultant within 10 days of
discovery of any allegations, errors or omissions. Should a dispute arise, Owner and Consultant agree to negotiate disputes
between them in good faith for a period of 30 calendar days from the date the dispute is raised in writing by either the Owner or
Consultant. If the parties fail to resolve the dispute through negotiation, then the dispute shall be decided through non-binding
mediation or other mutually agreed alternative dispute resolution technique. Fees and expenses for mediation shall be split
equally between the parties. The Owner and Consultant agree non-binding mediation or other mutually acceptable dispute
resolution technique shall precede litigation. This Agreement shall be governed by the laws of the State where the Project is
located.
Hazardous Environmental Conditions: The scope of Consultant’s services does not include any responsibility for detection,
remediation, accidental release, or services relating to waste, oil, asbestos, lead or other hazardous materials, as defined by
Federal, State, and local laws or regulations. Consultant is not required to be become an arranger, operator, generator, or
transporter of hazardous substances, and shall have no responsibility for the discovery, handling, removal, disposal or exposure
of persons to hazardous substances of any form.
Subsurface Investigations: In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may
vary significantly between successive test points and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total project cost and/or execution. These conditions and
cost/execution effects are not the responsibility of Consultant.
Consultant Reliance: Owner shall make available to Consultant all relevant information pertinent to the Project. Consultant
shall be entitled to rely, without liability or the need for independent verification, on the accuracy and completeness of any and
all information provided by Owner, Owner’s consultants and contractors, information from public records, and information
ordinarily or customarily furnished by others, including, but not limited to specialty contractors, manufacturers, suppliers, and
publishers of technical standards.
Certifications: Consultant shall not be required to sign any documents that result in Consultant having to certify, warrant, or
guarantee the existence of conditions whose existence Consultant cannot ascertain within its services for the Project.
Third Parties: Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a
third party against either the Owner or Consultant. Consultant’s services hereunder are being performed solely for the benefit of
the Owner, and no other entity shall have any claim against Consultant because of this Agreement or Consultant’s performance
of services hereunder.
Severability and Waiver: In the event any of these contract provisions are found to be illegal or otherwise unenforceable, the
unenforceable contract provisions will be stricken, and those remaining contract provisions shall continue in full force and effect.
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AGREEMENT v3.8.2024 Page 4 of 4
The failure of either party of this Agreement to insist, in any one or more instances, upon the performance of any of the terms,
covenants or conditions of this Agreement, shall not be construed as a waiver of such term, covenant or right.
Joint Drafting: The Parties expressly agree that this Agreement was jointly drafted, and that they both had opportunity to
negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this Agreement
shall be construed neither against nor in favor of either Party, but shall be construed in a neutral manner.
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Ammon City CouncilMay 07, 2026Page 122 of 168
KELLER ASSOCIATES, Inc.
2026 TITLE CODE BILLING RATES
January 1, 2026
Project Engineer - I $115 - $140
Project Engineer - II $140 - $190
Project Engineer - III $195 - $280
Project Manager - I / II $140 - $190
Project Manager - III $195 - $280
Structural - I $115 - $140
Structural - II $140 - $190
Structural - III $195 - $280
Chief Engineer $265 - $335
CAD - I $85 - $120
CAD - II $120 - $135
CAD - III $140 - $190
CAD Manager
Electrical/Controls - I $115 - $140
Electrical/Controls - II $140 - $190
Electrical/Controls - III $195 - $280
Principal $230 - $345
Survey - I $90 - $130
Survey - II $135 - $160
Survey - III $165 - $200
Field Representative $120 - $210
Engineering Student $80 - $90
Administration - I $85 - $95
Administration - II $95 - $135
Other Billing Terms
- Mileage: Billed at Federal Rate
- Per Diem: $68.00 per day
- Reimbursable Expenses at Cost x 1.05
- Subconsultant Expenses at Cost x 1.10
- After Hrs. & Weekend Field Work at Cost x 1.25
- Seepage Testing Equipment: $800/month (1 month minimum charge)
- Flow Meter Equipment: $1,800/month/meter (1 month minimum charge)
- 3D Survey Scanner Equipment: $625/day
- Remote Bathymetric Survey Equipment: $750/day
- Phodar Drone: $750/day
- Drone (Non-Phodar): $200/day
- UTV: $250/day
- Specialty Software - Project specific
- The Title Code Billing Rates are effective January 1, 2026 and will be
adjusted semi-annually in January and July of subsequent years
$210
CONFIDENTIAL Page 1 of 1
Attachment A
Ammon City Council May 07, 2026 Page 123 of 168
City of Ammon, Idaho Request for Qualifications
Engineering Department On Call Engineering Services
City of Ammon, Idaho
Request for Qualifications
for
On Call Engineering Services
February 10, 2026
February 9, 2026 1
Page 1 of 162Ammon City Council May 07, 2026 Page 124 of 168
City of Ammon, Idaho Request for Qualifications
Engineering Department On Call Engineering Services
1.0 INTRODUCTION
The City of Ammon, Idaho ("City") is seeking proposals from qualified multi-disciplinary engineering
firms to provide professional on-call engineering and land use planning services. The City intends to
select a firm that can act as an extension of City staff, providing expertise on a wide range of municipal
projects, infrastructure improvements, and private development reviews.
This solicitation is conducted in accordance with Idaho Code § 67-2320, which governs the procurement
of professional services by public agencies. Selection will be based on demonstrated competence and
qualifications for the type of services required.
2.0 SCOPE OF SERVICES
The selected firm will provide services on an "as-needed" basis. The scope includes, but is not limited to:
1. General Civil Engineering. Design and oversight of culinary water systems, sanitary sewer
collection, storm drainage, irrigation, and multi-modal transportation/roadway projects.
2. Municipal Consultation. Support for Public Works, City Council presentations, and grant
application assistance (e.g., LHTAC, DEQ, ITD).
3. Land Use Planning. Review of subdivision plats, Annexation/Rezone applications, and ensuring
compliance with the City’s Comprehensive Plan and Development Code.
4. Construction Management. Inspection services, materials testing, and contract administration
for City-led public works projects.
5. Surveying. Topographic and boundary surveying for municipal projects and right-of-way
acquisitions.
3.0 MINIMUM & PREFERRED QUALIFICATIONS
1. Licensure. The firm must have valid authorization to practice engineering in the State of Idaho.
The lead Project Manager must be a licensed Professional Engineer (PE) in Idaho.
2. Planning Expertise. Significant experience in municipal land use planning. Preference will be
given to firms with a certified member of the American Institute of Certified Planners (AICP) on
staff.
3. Local Government Experience. Demonstrated history of successful on-call contracts with Idaho
municipalities of similar size and growth trajectory.
4.0 SUBMITTAL REQUIREMENTS
Proposals should be concise (recommended limit: 10-15 pages) and must include:
1. Cover Letter: Signed by a principal of the firm.
2. Firm Overview: History, size, and location of the office(s) that will serve Ammon.
3. Project Team: Identification of the Project Manager and key personnel. Include resumes for the
lead PE and the AICP Planner.
February 9, 2026 2
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City of Ammon, Idaho Request for Qualifications
Engineering Department On Call Engineering Services
4. Relevant Experience: Summary of 3–5 similar municipal on-call contracts or projects completed
in the last 5 years.
5. Project Approach: A description of how the firm ensures responsiveness, manages "on-call"
timelines, and handles communication with City staff.
6. References: Contact information for at least three municipal clients in Idaho.
Any questions or requests for clarification related to this Request for Proposals must be submitted in
writing to jdahm@cityofammon.us. Answers to the questions submitted shall be posted on the City’s
website and shared with all interested parties as necessary.
5.0 SUBMISSION INSTRUCTIONS
- Format: One (1) electronic copy (PDF) no more than 15 pages, excluding cover letters and
resumes.
- Delivery: Proposals must be submitted via email to:
- Attn: Joanna Dahm, City Clerk
- Address: 2135 South Ammon Road, Ammon, ID 83406
- Email: jdahm@cityofammon.us
- Due Date: March 16, 2026 , at 5:00 pm, MST
- The applicant is responsible for confirming receipt of any proposal.
- Any proposals submitted after the deadline will be rejected.
- Any proposals deemed incomplete by the City Clerk will be rejected.
5.0 SELECTION CRITERIA
A selection committee will rank proposals based on the following weighted criteria:
CRITERIA WEIGHT - Out of 100
1. Qualifications of Personnel: Experience of the PE and AICP
staff assigned to the City.
30 points
2. Related Project Experience: Demonstrated success in
municipal engineering and land use.
30 points
3. Local Presence: Pursuant to Idaho Code § 67-2801, firm’s
economic presence in Idaho and proximity of the branch
office to Ammon.
15 points
4. Project Approach & Responsiveness: Ability to meet short
deadlines and provide "local" support.
15 points
5. References: Performance history with other Idaho local
government entities.
10 points
February 9, 2026 3
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City of Ammon, Idaho Request for Qualifications
Engineering Department On Call Engineering Services
The selection process will proceed as follows:
1. Phase 1: Ranking. A selection committee will evaluate all responsive Statement of Qualifications
(SOQs) based on the criteria above and establish a ranked list of firms.
2. Phase 2: Negotiation. The City will enter into negotiations with the highest-ranked firm to
determine a scope of work and a fee that is "reasonable and fair to the public" per Idaho Code §
67-2320(2)(e).
3. Failed Negotiations. If a satisfactory agreement cannot be reached, the City will formally
terminate negotiations and proceed to the second-ranked firm.
The City reserves the right to reject any or all proposals, or to accept any proposal, which in its judgment
will best serve the City’s interests. The City reserves the right to waive any and all informalities in the
submittal process, or within any Statement of Qualifications. The City may require up to ninety days (90)
days after opening the proposals to make a final decision.
6.0 CONTRACT CONSIDERATIONS
Upon selection, the City of Ammon, Idaho intends to negotiate terms of an agreement with the firm
deemed to serve the best interests of the City. If contract negotiations are unsuccessful, the City
reserves the right to negotiate with the next highest-ranked firm. The City is not under any obligation to
award a contract. Negotiated terms will include that Firm will be deemed an independent contractor
separate from the City of Ammon, must warranty work performed, must indemnify City from any and all
damages caused by Firm, must obtain necessary permits and licensing, and provide all work in a clean,
complete and sanitary manner.
7.0 TERM OF AGREEMENT
The term of the agreement is negotiable but will be limited to no more than one (1) year with the option
of automatically renewing for a successive year.
8.0 INSURANCE
The Proposer will indemnify and save harmless the City, its officers, and employees from and against any
and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney’s fees
arising out of a willful or negligent act or omission of the Proposer in the performance of this contract.
The City will not be responsible for the negligence of the Proposer, or any of its agents, employees, or
customers.
The Proposer shall procure and maintain for the duration of the contract, general liability and workers
compensation insurance for all claims for injuries to persons or damages to property which may arise
from or in conjunction with the performance of the work hereunder by the Proposer, his agents,
representatives, employees, or subcontractors. The cost of all such insurance shall be borne by the
Proposer and a Certificate of Insurance evidencing that such insurance has been procured and is in force
will be forwarded to the City before commencement of work hereunder. All such insurance shall be
February 9, 2026 4
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City of Ammon, Idaho Request for Qualifications
Engineering Department On Call Engineering Services
maintained during the entirety of said contract term and shall name the City of Ammon as an additional
insured on said policy.
The City may, at any time request proof of current insurance on any one or all of the coverage’s required
above.
9.0 TERMINATION CLAUSE
The final agreement shall contain a termination clause allowing for either party to terminate the
agreement without cause by giving sixty (60) days’ notice.
February 9, 2026 5
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Ammon City Council
May 7, 2026
Mayor Coletti and City Councilmembers:
Approval of On-Call Surveying Contract
Staff Presenting:
Micah Austin, City Administrator
Recommendation
- Approval of Keller Associates as the City of Ammon’s On-Call Surveyor and approval of the
master services agreement.
Summary of Analysis
1. On February 10, 2026, the City of Ammon issued a Request for Qualifications (RFQ) seeking firms
specializing in land surveying services.
2. In response to this RFQ, the City of Ammon received three proposals from surveying firms within
our region.
3. The City utilized a formal Qualifications-Based Selection (QBS) process, in accordance with Idaho
Code § 67-2320, to evaluate the three submitted proposals. The evaluation process was
conducted in three phases.
a. Phase 1 (Minimum Requirements): Proposals were reviewed for compliance with the
RFQ's mandatory submittals and core scope of services. All three firms met the
minimum requirements.
b. Phase 2 (Proposal Evaluation): A six-member committee evaluated and scored the
remaining proposals based on the published rubric. Keller was the top ranked firm as a
result of this evaluation.
4. The committee selected Keller Associates based on their superior responses to the RFQ and their
ability to serve the City of Ammon for land surveying services.
Financial Impact
- There is no direct financial obligation associated with the Master Service Agreement with Keller
for Surveying Services. The agreement establishes baseline terms and hourly rates. Specific
project costs will be negotiated and approved individually through Task Orders as needs arise.
Motion
"I move to approve the selection of Keller Associates for the On-Call Surveying Contract and authorize
the Mayor to execute the Master Service Agreement as presented."
Attachments:
1. Master Service Agreement - Keller Associates
2. RFQ for On-call Surveying Services
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council May 07, 2026 Page 129 of 168
Ammon City CouncilMay 07, 2026Page 130 of 168
KA# 226049-000 AGREEMENT v3.8.2024 Page 2 of 3
TERMS AND CONDITIONS
1. CONTRACT – This document constitutes the full and complete Agreement between the parties and supersedes all prior
negotiations, representations or agreements, whether written or oral. The Agreement may be amended only if both parties
specifically agree in writing to such amendment of the Agreement.
2. INVOICES AND PAYMENT – Owner will make payment within 15 calendar days of the invoice date. Consultant shall keep
accurate records of expenses. If Owner contests an invoice, Owner shall advise the Consultant within 15 days of receipt of
invoice of the specific basis for doing so, may withhold only that portion so contested, and shall pay the undisputed portion.
Interest. If payment is not received by the Consultant within 30 calendar days of the invoice date, Owner shall pay interest at a
rate of 1½% per month (or the maximum allowable by law, whichever is lower) of the past due amount. Payments will be
credited first to interest and then to principal.
Suspension. If the Owner fails to make payments when due, the Consultant may suspend performance of services upon five (5)
calendar days’ notice to the Owner. Owner agrees to indemnify and hold Consultant harmless from any claim or liability resulting
from such suspension.
3. DOCUMENTS – All documents prepared or furnished by Consultant are instruments of service, and Consultant retains ownership
and property interest (including the copyright and the right of reuse) in such documents. Owner shall have a limited license to
use the documents in and for the Project subject to full payment for all services relating to preparation of the documents. The
Owner agrees to obtain prior written agreement for any reuse or modifications of the instruments of service, and understands
that any unauthorized use of the instruments of service shall be at the Owner’s sole risk and without liability to the Consultant.
4. STANDARD OF CARE – The standard of care for all professional engineering and related services performed or furnished by
the Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession
practicing under similar circumstances at the same time and in the same locality. The Consultant makes no warranties,
expressed or implied, under this Agreement or otherwise, in connection with the Consultant’s services. Consultant shall
exercise usual and customary professional care in its efforts to comply with applicable codes, regulations, laws, rules,
ordinances, and such other requirements in effect as of the date of execution of this Agreement.
5. ACCEPTANCE OF WORK – Pursuant to the scope of services described herein, Consultant shall perform the services which will be
subject to the Owner’s review and approval, which will not be unreasonably withheld. The Consultant shall make Owner’s
requested revisions to the services and/or deliverables (consistent with the scope of work), correcting any negligent errors or
omissions within the deliverables without additional compensation to the Consultant. Consultant will be compensated for
additional services for Owner-requested out of scope items and for rework triggered by Owner-requested changes to previously
agreed upon design criteria and concepts.
6. CHANGES OR DELAYS – The proposed scope of services, compensation, schedule, and allocation of risks reflect Consultant’s
understanding of the Project at the date of this Agreement. Costs and schedule commitments shall be subject to renegotiation
for changed conditions, unreasonable delays caused by the Owner’s failure, independent government agencies, Force Majeure
events (i.e. acts of God, riots, wars, sabotage, strikes, civil disturbances, pandemics, government declared emergencies, etc.), or
causes beyond the reasonable control of Consultant. Where this occurs, changes in the Agreement shall be negotiated and an
equitable adjustment in compensation and schedule shall be made.
7. TERMINATION OR REDUCTION OF SERVICES – The Owner and Consultant may terminate this Agreement in whole or in part at
any time by giving 30 days written notice thereof. The Owner shall promptly pay Consultant for all services rendered to the
effective date of suspension of services, plus suspension charges, which shall include the cost of assembling documents,
personnel and equipment, rescheduling or reassignment, and commitments made to others on the Owner’s behalf. If Owner
elects to terminate, modify, or reduce any portion of Consultant’s services under this Agreement, Owner shall indemnify
Consultant from any damages related to the services or activities Consultant did not provide.
8. SUSPENSION OF SERVICES – If the Owner suspends services of the Consultant for any reason for more than thirty days, the
Consultant shall be reimbursed for expenses incurred due to suspension of services, including costs associated with rescheduling
or reassigning personnel, and commitments made to others on Owner’s behalf.
9. INDEMNITY AND LIMITATION OF LIABILITY – Owner and Consultant each agree to indemnify and hold the other (including their
respective officers, directors, employees, agents, owners, shareholders, members, partners, sub-consultants, subcontractors,
and representatives) harmless from and against liability for all claims, losses, damages and expenses, to the extent such claims,
losses, damages, or expenses are caused by the indemnifying party’s negligent acts, errors or omissions. In the event claims,
losses, damages, or expenses are caused by the joint or concurrent negligence of Owner and Consultant, they shall be borne by
each party in proportion to its negligence. Neither the Owner nor Consultant shall be liable for incidental, indirect or
consequential damages. The Consultant’s liability to the Owner and to all construction contractors and subcontractors on the
Ammon City Council May 07, 2026 Page 131 of 168
KA# 226049-000 AGREEMENT v3.8.2024 Page 3 of 3
Project, due to the Consultant’s negligent acts, errors omissions, or breach of contractual obligations relating to or arising out of
the Project shall not exceed the Consultant’s total fee.
10. OPINIONS OF COST – Consultant’s opinions of probable cost represent Consultant’s judgment as an experienced and qualified
design professional. Since Consultant has no control over the cost of labor, materials, equipment, or services furnished by others,
or over the Owner’s and other contractor’s methods of determining prices, or over competitive bidding or market conditions, the
Consultant cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of
probable cost prepared by the Consultant.
11. CONSTRUCTION PHASE SERVICES – If Consultant performs any services during the construction phase of the Project, Consultant
shall not supervise, direct, or have control over Owner’s contractor’s work. Consultant shall not have authority over or
responsibility for the construction means, methods, techniques, sequences or procedures or for safety precautions and
programs in connection with the work of the contractor. Consultant does not guarantee the performance of the construction
contract by the contractor and does not assume responsibility for the contractor’s failure to furnish and perform its work in
accordance with the Contract Documents. Consultant will not direct or alter payment methodology between Owner and
Contractor. Owner agrees to indemnify and hold harmless Consultant from any liability for fraudulent electronic transfers.
12. MISCELLANEOUS
Right of Entry: Unless otherwise noted in the scope of work, the Owner shall provide for Consultant’s right to enter the property
owned by the Owner and others in order to fulfill the services to be performed hereunder.
Dispute Resolution: Owner or its Contractor agree to notify Consultant of any claims against the Consultant within 10 days of
discovery of any allegations, errors or omissions. Should a dispute arise, Owner and Consultant agree to negotiate disputes
between them in good faith for a period of 30 calendar days from the date the dispute is raised in writing by either the Owner or
Consultant. If the parties fail to resolve the dispute through negotiation, then the dispute shall be decided through non-binding
mediation or other mutually agreed alternative dispute resolution technique. Fees and expenses for mediation shall be split
equally between the parties. The Owner and Consultant agree non-binding mediation or other mutually acceptable dispute
resolution technique shall precede litigation. This Agreement shall be governed by the laws of the State where the Project is
located.
Hazardous Environmental Conditions: The scope of Consultant’s services does not include any responsibility for detection,
remediation, accidental release, or services relating to waste, oil, asbestos, lead or other hazardous materials, as defined by
Federal, State, and local laws or regulations. Consultant is not required to be become an arranger, operator, generator, or
transporter of hazardous substances, and shall have no responsibility for the discovery, handling, removal, disposal or exposure
of persons to hazardous substances of any form.
Subsurface Investigations: In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may
vary significantly between successive test points and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total project cost and/or execution. These conditions and
cost/execution effects are not the responsibility of Consultant.
Consultant Reliance: Owner shall make available to Consultant all relevant information pertinent to the Project. Consultant
shall be entitled to rely, without liability or the need for independent verification, on the accuracy and completeness of any and
all information provided by Owner, Owner’s consultants and contractors, information from public records, and information
ordinarily or customarily furnished by others, including, but not limited to specialty contractors, manufacturers, suppliers, and
publishers of technical standards.
Certifications: Consultant shall not be required to sign any documents that result in Consultant having to certify, warrant, or
guarantee the existence of conditions whose existence Consultant cannot ascertain within its services for the Project.
Third Parties: Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a
third party against either the Owner or Consultant. Consultant’s services hereunder are being performed solely for the benefit of
the Owner, and no other entity shall have any claim against Consultant because of this Agreement or Consultant’s performance
of services hereunder.
Severability and Waiver: In the event any of these contract provisions are found to be illegal or otherwise unenforceable, the
unenforceable contract provisions will be stricken, and those remaining contract provisions shall continue in full force and effect.
The failure of either party of this Agreement to insist, in any one or more instances, upon the performance of any of the terms,
covenants or conditions of this Agreement, shall not be construed as a waiver of such term, covenant or right.
Joint Drafting: The Parties expressly agree that this Agreement was jointly drafted, and that they both had opportunity to
negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this Agreement
shall be construed neither against nor in favor of either Party, but shall be construed in a neutral manner.
Ammon City Council May 07, 2026 Page 132 of 168
KELLER ASSOCIATES, Inc.
2026 TITLE CODE BILLING RATES
January 1, 2026
CONFIDENTIAL
Principal $230 - $345
Survey - I $90 - $130
Survey - II $135 - $160
Survey - III $165 - $200
CAD - I $85 - $120
CAD - II $120 - $135
CAD - III $140 - $190
CAD Manager $210
Administration - I $85 - $95
Administration - II $95 - $135
Other Billing Terms
- Mileage: Billed at Federal Rate
- Per Diem: $68.00 per day
- Reimbursable Expenses at Cost x 1.05
- Subconsultant Expenses at Cost x 1.10
- After Hrs. & Weekend Field Work at Cost x 1.25
- 3D Survey Scanner Equipment: $625/day
- Remote Bathymetric Survey Equipment: $750/day
- Phodar Drone: $750/day
- Drone (Non-Phodar): $200/day
- UTV: $250/day
- Specialty Software - Project specific
- The Title Code Billing Rates are effective January 1, 2026 and will be
adjusted semi-annually in January and July of subsequent years
ATTACHMENT A
Ammon City Council May 07, 2026 Page 133 of 168
City of Ammon, Idaho Request for Qualifications
Engineering Department On Call Surveying Services
City of Ammon, Idaho
Request for Qualifications
for
On Call Surveying Service
February 10, 2026
February 9, 2026 1
Ammon City Council May 07, 2026 Page 134 of 168
City of Ammon, Idaho Request for Qualifications
Engineering Department On Call Surveying Services
1.0 INTRODUCTION
The City of Ammon, Idaho ("City") is seeking proposals from qualified professional surveying firms to
provide On-Call Surveying Services. The City intends to select a firm to act as a technical extension of City
staff, providing precise data and mapping for municipal projects, right-of-way management, and property
boundary determinations.
This solicitation is conducted in accordance with Idaho Code § 67-2320, governing the procurement of
professional services by public agencies. Selection will be based on demonstrated competence and
qualifications.
2.0 SCOPE OF SERVICES
The selected firm will provide services on an "as-needed" basis. The scope includes, but is not limited to:
1. Topographic Surveying: Detailed surveys for the design of future public works projects, including
utility and terrain mapping.
2. Boundary & Right-of-Way: Performance of boundary surveys and the legal description
preparation for right-of-way acquisitions or City-owned parcels.
3. Construction Staking: Providing accurate field staking for City-led infrastructure and
improvement projects.
4. Plat Review: Technical review of subdivision plats and records of survey submitted by private
developers to ensure accuracy and code compliance.
5. GIS Integration: Providing survey data in formats compatible with the City’s Geographic
Information System (GIS) standards.
3.0 MINIMUM & PREFERRED QUALIFICATIONS
1. Licensure: The firm must have valid authorization to practice Land Surveying in the State of
Idaho.
2. Lead Professional: The lead Project Manager must be a licensed Professional Land Surveyor
(PLS) in Idaho.
3. Local Government Experience: Demonstrated history of successful on-call surveying contracts
with Idaho municipalities of similar size.
4. Technology: Proficiency with modern surveying equipment, including GPS/GNSS and Robotic
Total Stations.
4.0 SUBMITTAL REQUIREMENTS
Proposals should be concise (recommended limit: 10-15 pages) and must include:
1. Cover Letter: Signed by a principal of the firm.
2. Firm Overview: History, size, and location of the office(s) that will serve Ammon.
3. Project Team: Identification of the Project Manager (Lead PLS) and key field personnel.
February 9, 2026 2
Ammon City Council May 07, 2026 Page 135 of 168
City of Ammon, Idaho Request for Qualifications
Engineering Department On Call Surveying Services
4. Relevant Experience: Summary of 3–5 similar municipal surveying contracts or projects
completed in the last 5 years
5. Project Approach: Description of responsiveness, turnaround times for "on-call" requests, and
communication protocols.
6. References: Contact information for at least three municipal clients in Idaho.
Any questions or requests for clarification related to this Request for Proposals must be submitted in
writing to jdahm@cityofammon.us. Answers to the questions submitted shall be posted on the City’s
website and shared with all interested parties as necessary.
5.0 SUBMISSION INSTRUCTIONS
- Format: One (1) electronic copy (PDF) no more than 15 pages, excluding cover letters and
resumes.
- Delivery: Proposals must be submitted via email to:
- Attn: Joanna Dahm, City Clerk
- Address: 2135 South Ammon Road, Ammon, ID 83406
- Email: jdahm@cityofammon.us
- Due Date: March 16, 2026 , at 5:00 pm, MST
- The applicant is responsible for confirming receipt of any proposal.
- Any proposals submitted after the deadline will be rejected.
- Any proposals deemed incomplete by the City Clerk will be rejected.
6.0 SELECTION CRITERIA
A selection committee will rank proposals based on the following weighted criteria:
CRITERIA WEIGHT - Out of 100
1. Qualifications of Personnel: Experience of the PLS and
field crews.
30 points
2. Related Project Experience: Success in municipal boundary
and topo work.
30 points
3. Local Presence: Economic presence in Idaho and proximity
to Ammon.
15 points
4. Project Approach & Responsiveness: Ability to meet short
deadlines.
15 points
5. References: Performance history with other Idaho local
governments.
10 points
February 9, 2026 3
Ammon City Council May 07, 2026 Page 136 of 168
City of Ammon, Idaho Request for Qualifications
Engineering Department On Call Surveying Services
The selection process will proceed as follows:
1. Phase 1: Ranking. A selection committee will evaluate all responsive Statement of Qualifications
(SOQs) based on the criteria above and establish a ranked list of firms.
2. Phase 2: Negotiation. The City will enter into negotiations with the highest-ranked firm to
determine a scope of work and a fee that is "reasonable and fair to the public" per Idaho Code §
67-2320(2)(e).
3. Failed Negotiations. If a satisfactory agreement cannot be reached, the City will formally
terminate negotiations and proceed to the second-ranked firm.
The City reserves the right to reject any or all proposals, or to accept any proposal, which in its judgment
will best serve the City’s interests. The City reserves the right to waive any and all informalities in the
submittal process, or within any Statement of Qualifications. The City may require up to ninety days (90)
days after opening the proposals to make a final decision.
7.0 CONTRACT CONSIDERATIONS
Upon selection, the City of Ammon, Idaho intends to negotiate terms of an agreement with the firm
deemed to serve the best interests of the City. If contract negotiations are unsuccessful, the City
reserves the right to negotiate with the next highest-ranked firm. The City is not under any obligation to
award a contract and may reject all proposals at its sole discretion. Negotiated terms will include that
Firm will be deemed an independent contractor separate from the City of Ammon, must warranty work
performed, must indemnify City from any and all damages caused by Firm, must obtain necessary
permits and licensing, and provide all work in a clean, complete and sanitary manner.
8.0 TERM OF AGREEMENT
The term of the agreement is negotiable but will be limited to no more than one (1) year with the option
of automatically renewing for a successive year at the sole discretion of the City.
9.0 INSURANCE
The Proposer will indemnify and save harmless the City, its officers, and employees from and against any
and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney’s fees
arising out of a willful or negligent act or omission of the Proposer in the performance of this contract.
The City will not be responsible for the negligence of the Proposer, or any of its agents, employees, or
customers.
The Proposer shall procure and maintain for the duration of the contract, general liability and workers
compensation insurance for all claims for injuries to persons or damages to property which may arise
from or in conjunction with the performance of the work hereunder by the Proposer, his agents,
representatives, employees, or subcontractors. The cost of all such insurance shall be borne by the
Proposer and a Certificate of Insurance evidencing that such insurance has been procured and is in force
will be forwarded to the City before commencement of work hereunder. All such insurance shall be
February 9, 2026 4
Ammon City Council May 07, 2026 Page 137 of 168
City of Ammon, Idaho Request for Qualifications
Engineering Department On Call Surveying Services
maintained during the entirety of said contract term and shall name the City of Ammon as an additional
insured on said policy.
The City may, at any time request proof of current insurance on any one or all of the coverage’s required
above.
10.0 TERMINATION CLAUSE
The final agreement shall contain a termination clause allowing for either party to terminate the
agreement without cause by giving sixty (60) days’ notice.
February 9, 2026 5
Ammon City Council May 07, 2026 Page 138 of 168
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council Meeting
May 7, 2026
Mayor Powell and City Council Members:
Blue Mountain Storage Standard Development Agreement
Staff Presenting:
Cindy Donovan – Planning Director
Summary of Analysis:
1. On April 16, 2026 the City Council reviewed the Standard Development Agreement and
requested staff meet with the developer regarding conditions regarding the ditch placement
2. On April 16, 2026 the City Council agreed to honor the use that has been approved.
3. On April 16, 2026 the City Council approved the Blue Mountain Storage Final Plat as presented.
4. On April 30, 2026 staff met with the developer to discuss the ditch placement. The following
items were discussed:
a. The Ammon Road proposed width at the time of construction was three lanes. Currently the
proposed width is five lanes. With a three-lane road the ditch was placed in mow strip
between the road and the sidewalk. With a five-lane road the ditch would now be under the
road.
b. The City did acquire sufficient Right of Way previously and the current placement of the
ditch was approved by the City.
c. The Developer would like to request some compensation for the cost of relocating the ditch
and a 24-month timeframe to accomplish the relocation of the ditch, based upon water
flow. Two bids have been received and are attached to this staff report. During the
relocation of the ditch customers will be able to access the location from the emergency
access on Judy Street.
d. The Developer currently plans to begin construction on the next units in 2027. These units
will be east of the current units and will clean up the street view.
e. The timeline for the pathway to connect to the Deer Valley Subdivision will need to be
determined.
5. Property to the east of the development is located in Bonneville County jurisdiction and extends
to the centerline of Ammon Road.
Proposed Development Agreement Special Conditions:
- SC-1: Developer shall install conduit from the Right of Way (ROW) with a box or vault
set over the end of the conduit, fiber duct and handhold boxes as provided for by City
standards for fiber installation at the time of construction. In addition, thereto, the City
shall collect and the developer/property owner shall pay the amount set by the fee
schedule as adopted by the City Council when the building permit is issued. (Strategic Plan
5-2)
- SC-2: Developer and/or Property owner shall designate on the required building site
plan the location where fiber duct end will terminate. All installation of fiber duct and
related infrastructure shall be installed pursuant to the standards adopted by the City of
Ammon.
Ammon City Council May 07, 2026 Page 139 of 168
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2
- SC-3: City shall, upon notification that the fiber duct has been installed, schedule
installation of fiber, fiber duct, handhold boxes, and any other related equipment and
infrastructure.
- SC-4: In accordance with Idaho Code 67-6537, surface water is required as the primary
water source for irrigation. Developer shall install a pressurized irrigation system to
service all lots, parcels, and common areas. Developer shall receive approval of the
pressurized irrigation system design prior to installing any components of the
system. Pressurized Irrigation system shall become property of the City of Ammon,
provided the following criteria are met: 1) Construction of the system is complete; 2)
Developer has shown the system is fully operational; and 3) Developer has shown the
system is capable of providing the primary water source for irrigation to all lots and
parcels within the subdivision. Developer shall be responsible for all defects and
deficiencies in the pressurized irrigation system for two (2) years from the date it is turned
over to the City of Ammon. A guarantee of completion in accordance with City Code 10-
29-15 shall be provided prior to issuance of building permits within the subdivision.
Upon transfer of the system to the City of Ammon, the
City shall be responsible for all operations and maintenance of the pressurized irrigation
system. Currently no there are no plans for landscaping that will require sprinkling. At such
time that irrigation may be required, a pressurized irrigation system will need to be
installed. (Strategic Plan 4-6)
- SC 5: Developer shall provide required street markings and signage to match city
standards and BMPO Connecting Our Communities directives to include such markings
and signage as required by the City Engineer which shall include but not be limited to a
connection to the existing 10’ wide walking/bike path along the canal bank easement to
the north subdivision allowing for connectivity to the north and south. Said walking/bike
path shall be constructed in a manner and at a quality designated by the City Engineer.
(Strategic Plan 1-1)
- SC 6: Developer will improve the entirety of their half of Ammon Road including all lanes
as required by the city engineer along his entire frontage, which shall also include
roadway paving, sidewalks, curb and gutter all in compliance with the current standards
and specification of the City of Ammon, within twelve twenty-four months of effective
date.
- SC 7: All roadways or drive aisles within said development will be private roadway and
shall not be dedicated to the City of Ammon. Developer will provide an eighty (80) foot,
in length, paved drive aisle into the property. All roadway or drive aisles shall be
maintained by the property owner. All said roadways and drive aisles shall be
constructed and maintained consistent with all City of Ammon standards and shall be
constructed as emergency access for the fire department. Developer shall provide
access and emergency access to the City of Ammon in such means as determined by the
City of Ammon Fire Marshall.
Development Contributions:
- Water Rights – Development does not have irrigated property. If irrigation is needed, the
property must construct a surface water irrigation system.
Ammon City Council May 07, 2026 Page 140 of 168
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 3
- Road Construction – Improve Ammon Road frontage
- Law Enforcement – Not included in the original agreement
Applicant’s Request:
- Approval of Blue Mountain Storage Standard Development Agreement
- Presented by Kurt Roland, Eagle Rock Engineering, Todd Brewington and Mike Fresh, property
representative
Motion:
Approve
I move to approve the Blue Mountain Storage Standard Development Agreement (state any
requirements for approval, if applicable).
Continue
I move to continue the Blue Mountain Storage Standard Development Agreement until the
following conditions are amended (state amendments).
Attachments:
1. BTC Bid
2. SED Bid
3. FINAL DRAFT Blue Mountain Storage Standard Development Agreement
Ammon City Council May 07, 2026 Page 141 of 168
Proposal
Proposal Date:3/23/2026
Proposal #:385
Bill To:
Blue Mountain Storage
Todd Brewington
highdesertlifts@gmail.com
208-390-3232
BTC Contractors, LLC.
744 E 1100N
Shelley, ID 83274
208-808-7283
Project:
Total
Description Est. Hours/Qty.Rate Total
Option 1
Dig and remove material from irrigation pipe to fence,
will try to reuse existing 24" irrigation pipe- approx.
500lf, regrade, relocate irrigation line, move, backfill,
compact, grade
500 28.50 14,250.00
replace or add 3 sections of 24" pipe- approx. 60lf (
also if any sections are damaged trying to remove, it
will be replaced at this price per lf)
60 66.50 3,990.00
Add 1 24" headgate on south end of ditch 1 1,550.00 1,550.00
Option 2
Dig and remove irrigation pipe, regrade 500lf x
25.50= $12750.00
0.00
Replace with new 24" irrigation pipe - 500 x
66.5= $33,250.00
0.00 0.00
Haul away old pipe and dump fees-
$3250.00
1 0.00
Add 1 24" headgate on south end of ditch -
1 = $1550.00
1 0.00 0.00
Total $50,800.00
$19,790.00
Ammon City Council May 07, 2026 Page 142 of 168
Ammon City Council May 07, 2026 Page 143 of 168
Cindy Donovan <cdonovan@cityofammon.us>Mon, May 4, 2026 at 8:27 AM
To: "Blue Mountain, LLC" <bluemountainstoragellc@gmail.com>
Happy Monday!
Thanks for sending these over. I'll include them in my staff report.
Have a great week!
City offices are open to the public from 9:00 a.m. to 5:00 p.m.
Thank you,
Cindy Donovan
Planning and Zoning Director
208-612-4013
“We can’t control the direction of the wind, but we can adjust our sails.” – Jimmy Dean
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Ammon City Council May 07, 2026 Page 144 of 168
BLUE MOUNTAIN STORAGE DEVELOPMENT AGREEMENT - Page 1 of 11
DEVELOPMENT AGREEMENT
(CITY OF AMMON/ BLUE MOUNTAIN STORAGE)
THIS AGREEMENT, made and entered into this 17th day of October, 2019, 7th day of
May, 2026, by and between the CITY OF AMMON, a municipal corporation, of the County of
Bonneville, State of Idaho, Party of the First Part, hereinafter called the “City,” and Blue Mountain
LLC, Mountain Edge LLC, a Limited Liability Corporation in the State of Idaho, Party of the
Second Part, hereinafter called the “Developer.”
RECITALS:
WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of
land in Bonneville County, Idaho, more particularly described on Exhibit “A” attached hereto
and made a part hereof; and
WHEREAS, the Developer, as sole owner of said land, has made request to the City of
Ammon to have the same accepted as a subdivision to said City and has submitted to the City a
plat thereof which has been approved by the Planning and Zoning Commission and the City
Engineer of the City, and
WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon;
and
WHEREAS, on September 4, 2019, the Blue Mountain Storage, Barry South property
preliminary plat was approved by the Planning and Zoning Commission; and
WHEREAS, on September 19, 2019, the Blue Mountain Storage preliminary plat was
approved by the City Council; and
WHEREAS, on September 4, 2019, April 1, 2026, the Blue Mountain Storage final plat
was approved by the Planning and Zoning Commission; and
WHEREAS, on October 17, 2019, April 16, 2026, the Blue Mountain Storage final plat
was approved by the City Council; and
WHEREAS, the City Engineer has recommended to the City Council of the City that such
subdivision be accepted subject to certain requirements and obligations on the part of the
Developer;
Ammon City Council May 07, 2026 Page 145 of 168
BLUE MOUNTAIN STORAGE DEVELOPMENT AGREEMENT - Page 2 of 11
WHEREAS, on October 17, 2019, May 7, 2026, the Mayor and City of Council of the City
of Ammon, Idaho, considered the Blue Mountain LLC Development Agreement for approval; and;
WHEREAS, the City Council has agreed to accept platting of said lands subject to the
following terms and conditions:
NOW THEREFORE, in consideration of the above recitals and the mutual covenants and
agreements herein contained and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, the parties hereto agree as follows:
AGREEMENT
1. Incorporation of Recitals. The Recitals set forth above are hereby incorporated into and made
an integral part of this Agreement.
2. Effective Date of Agreement. This Agreement shall be effective as of the date approved by
the City Council.
3. Term of Agreement. All rights related to this agreement, including all Developer’s rights
herein, shall expire if no building permit has been issued within five (5) years of the Effective
Date.
4. Developer. The term “Developer” and the language of this agreement, whether it is more than
one developer, shall be construed as plural, and if there are any parties that are feminine or are
firms or corporations, the masculine shall include the feminine and the neuter. All terms and
conditions of this agreement shall run with the land.
5. Incorporation of Related Agreements, Approvals, Plans, Permits and other documents. The
following agreements, approvals, plans, permits and other documents are hereby incorporated
into and made an integral part of this Agreement by reference as if restated herein in full.
- Annexation Agreement approved by the Ammon City Council on: April 20, 2006.
- Preliminary Plat approved the Ammon City Council on September 19, 2019.
- Final Plat approved by the Ammon City Council on April 16, 2026.
- Improvement Drawings approved by the City Engineer on _____________20.
a. Any material failure to comply with the terms and conditions of any of the above-
referenced agreements, approvals, plans, permits and other documents shall constitute a
breach of this Agreement.
b. In the event of any inconsistency between the terms and conditions of this Agreement and
the agreements, approvals, plans, permits and other documents listed above, the terms and
conditions of this Agreement shall govern.
c. Except as provided otherwise in this Agreement, development of the Project shall be vested
and governed by policies, procedures, guidelines, ordinances, codes and regulations of the
City governing land use in effect as of the Effective Date of this Agreement. Any
amendments or additions made during the term of this Agreement to City policies,
procedures, guidelines, ordinances, codes or regulations shall not apply to or affect the
conditions of development of the Project; provided, however, the following are exempt
from vesting under this Agreement:
Ammon City Council May 07, 2026 Page 146 of 168
BLUE MOUNTAIN STORAGE DEVELOPMENT AGREEMENT - Page 3 of 11
- plan review fees and inspection fees;
- amendments to building, plumbing, fire and other construction codes;
- City enactments that are adopted pursuant to State or federal mandates
that preempt the City’s authority to vest regulations.
6. GENERAL REQUIREMENTS OF DEVELOPMENT. That Developer, jointly and severally,
for himself, his heirs, representatives, itself, their successors and assigns, does hereby
covenant, agree, and represent as follows:
a. That Developer will, before any construction is commenced, file or cause to be filed with
the City Engineer a complete set of street, sewer, water, and drainage improvement plans
for each proposed plat. Said improvement plans shall also show the proposed location of
other utilities, i.e. telephone, gas, electricity, and irrigation facilities, and such others as
may affect or be affected by the subdivision development on such property. Such plans
and utility improvements shown thereon shall meet the approval of the City Engineer and
shall be incorporated herein and made a part hereof by reference. The Developer shall
construct and install all such improvements in accordance with the current Edition of the
Idaho Standards for Public Works Construction adopted by the City of Ammon including
compliance with all other City codes and ordinances including the City of Ammon
standards as adopted. Acceptance of improvements to be determined by the City of Ammon
only after completed inspections and certification provided by developer from a licensed,
professional engineer certifying that said subdivision construction has been completed in
compliance with the published standards. The Developer shall make a formal request in
writing to the City of Ammon City Engineer for final acceptance of all said improvements.
b. That Developer, shall, at their own expense, construct and install all sanitary sewers, storm
drains, pumping stations, water lines and appurtenances, fire hydrants, curbs and gutters,
sidewalks, landscaping, off-street parking, cross drains, streets, street surfacing, street and
regulatory signs, parks, recreation amenities, open spaces, and/or other needed street or
utility improvements as shown on the improvement plans. Acceptance by the City, will be
given for each improvement, upon the City Engineer finding the improvement meet
standards, can be maintained by the City of Ammon, and will provide public benefits to
the Ammon community.
c. That Developer, its successors or assigns will, at their own expense, construct and install
all storm drainage systems and storm drain retention pond(s) as shown on the improvement
plans. Retention ponds shall be sprinkled and landscaped following the standards for
sprinklers and landscaping of retention ponds in the City of Ammon. Acceptance and
conveyance of any parcel in which a retention area is located will occur only after
completion and acceptance of drainage infrastructure, landscaping, sprinkling, and any
public amenities necessary for the retention pond to be of benefit to the City of Ammon.
Additional improvements shall be required by the City on a case-by-case basis to ensure
that the retention areas are a public benefit to the Ammon community. Additional
improvements may include playground equipment, park amenities, walking paths, park
structures, recreation amenities, or other improvements that enhance the public open space
and provide benefit to the Ammon community. Satisfactory acceptance by the City of any
above-grade improvements to retention areas shall be determined by the City
Administrator.
Ammon City Council May 07, 2026 Page 147 of 168
BLUE MOUNTAIN STORAGE DEVELOPMENT AGREEMENT - Page 4 of 11
d. That Developer shall require all contractors involved in constructing the subdivision
improvements to furnish a minimum two (2) year warranty on all materials and
workmanship involved. Additional warranty periods may be required in writing by the
City on certain materials and products. Said period of warranty shall run from written
acceptance given by City.
e. That Developer shall comply with all City requirements in effect at the time construction
is commenced on each said lot. That the Developer shall sell no lots at less than the size
required in the zoning for such property. Lot lines may be changed by owners, but no
additional building sites may be created without first amending the plat of record. All
building and zoning codes must be complied with in the event of any change.
f. That Developer will obtain easements, design and construct the sanitary sewer lines as
shown in the improvement drawings within the development. An 8” diameter sewer line
is adequate for the development. Should City elect to have installed sewer line in excess
of said 8” line, City agrees to reimburse the Developer only for the material upsizing cost.
Developer shall provide the City Engineer with clearly itemized costs of the materials as
provided by the pipe supplier. City shall approve the oversized sewer line in writing in
advance of said project going forward. Reimbursement shall occur upon written
acceptance by the City Engineer of said lines. All sanitary sewer design and installation
shall comply with the Idaho Standards for Public Works Construction (ISPWC) or other
standards as adopted by the City at the time of construction. The property described herein
will be serviced by the City of Ammon sewer system, unless specifically agreed to by both
developer and the City of Ammon.
g. That Developer will obtain easements, design and construct the water line as shown in the
improvement drawings within the Development. An 8” diameter water line is adequate for
the development. Should City elect to have installed water main in excess of said 8” line,
City agrees to reimburse the Developer only for the material upsizing cost. Developer shall
provide the City Engineer with clearly itemized costs of the materials as provided by the
pipe supplier. City shall approve the oversized water line in writing in advance of said
project going forward. Reimbursement shall occur upon written acceptance by the City
Engineer of said lines. That the Developer shall be responsible for extending City water
lines to said development through adjacent property if water is required prior to adjacent
developers extending water lines to Developer’s property. The property described herein
will be serviced by the City of Ammon water system, unless specifically agreed to by both
developer and the City of Ammon.
h. Developer shall construct a temporary access for all construction related to the project
and shall not use existing streets for accessing the development. If no temporary access
can be constructed and Developer must use existing streets for access, Developer shall
complete a pre-construction survey of the street conditions for all public streets and
related infrastructure that provide access to the development prior to commencement of
all construction. The street survey shall be completed by a Professional Engineer licensed
in the State of Idaho assessing the existing conditions prior to commencement of any
construction. At the conclusion of the project, a post-construction survey shall be
completed by a Professional Engineer licensed in the State of Idaho assessing any
damages caused by construction of the development. Developer shall mitigate and pay or
Ammon City Council May 07, 2026 Page 148 of 168
BLUE MOUNTAIN STORAGE DEVELOPMENT AGREEMENT - Page 5 of 11
otherwise reimburse City for all damages to the streets caused by construction of the
development as directed by the City Engineer.
i. That Developer will reimburse the City for all costs associated with checking and approval
of subdivision plats and improvement drawings.
j. That Developer shall prepare, execute, and record protective covenants that are not in
variance with the zoning established by the City.
k. That Developer shall construct and install all such improvements in strict accordance with
the filed and approved street (including adjacent arterial and collector roads), sewer, water,
and drainage improvement plans and the City standard drawings and construction
specifications current and in effect at the time the construction of said improvements is
accomplished, or as otherwise agreed between the Developer and the City if the standards
and specifications are more restrictive and onerous at the time of construction than at the
time of the execution of this document.
l. That Developer shall pay or reimburse City for its reasonable share of all street
improvements adjacent to the development, including water mains and lines, sewer lines,
street paving, bridges, and other improvements such as but not limited to curb, gutter,
sidewalks, and street lights, and does covenant that the City shall not have any
maintenance responsibilities for the same until expiration of the two (2) year warranty
period as provided for in the paragraph above, provided such improvements are
constructed by developer.
m. That Developer shall provide the City Engineer with at least fifteen (15) days advance
written notification of when and of what portion or portions of said street or utility
improvements he intends to complete at that time. Developer agrees to make such
modifications and/or construct any temporary facilities necessitated by such phase
construction work as shall be required and approved by the City Engineer.
n. That Developer shall immediately upon the completion of any such constructed portion,
portions, or the entirety of said development, notify the City Engineer and request his
inspection and written acceptance of such completed utility or street construction.
o. That Developer hereby agrees that, upon a finding based upon the sole discretion of the
City Council, duly entered in the official minutes of the proceedings of the City Council,
that a portion or portions or the entirety of said utility or street improvements described in
item “a” above, need to be completed, in the interest of the health, welfare, and/or safety
of the inhabitants of the City, the Developer will within thirty days or such other reasonable
time as defined by the City, construct said needed utility or street improvement. If
Developer does not construct within said time after written notification of by the Council,
the Developer will pay to the City the cost of such construction as the City shall order after
conference with the Developer. Provided, however, the City Council shall not make the
findings set forth in this paragraph except at a regular or special meeting of the Council
and unless the Developer has been notified in writing of the time and place of such meeting
of the City Council at least ten (10) days prior thereto and has been given an opportunity
to be present in person or by counsel and to be heard on the merits of the proposed finding.
At or before such hearing, the City Engineer shall furnish the Developer a cost estimate for
completing said improvement. In the event the City elects to construct the utilities or street
Ammon City Council May 07, 2026 Page 149 of 168
BLUE MOUNTAIN STORAGE DEVELOPMENT AGREEMENT - Page 6 of 11
improvements as provided for in this Development Agreement and in the site plan, this
Development Agreement shall, upon recording this Development Agreement, constitute a
lien against all property in said Development other than those portions for which an
occupancy permit has been issued.
p. That Developer further agrees that upon his having received written notification from the
City Engineer that any of the requirements herein specified have not been complied with,
the City shall have the right to withhold the issuance of any certificates of occupancy and
the issuance of building permits within such annexed area until such time as all
requirements specified herein have been complied with; provided, however, that the
Developer shall have the right to appear before the City Council at any regular meeting
after any Certificate of Occupancy shall have been denied and shall have the right to be
heard as to why such certificate or certificates should be issued. The Council shall then
decide whether such certificate or certificates shall be issued and its decision shall be final,
except that the rights of parties are preserved at law and equity.
q. That Developer agrees and covenants that prior to any construction or any improvements
upon any of the area herein agreed, there shall be a final plat approved by the Planning and
Zoning Commission and approved by the City Council and the City Engineer and filed
with the County Recorder of Bonneville County, Idaho, as to any areas where
improvements are to be commenced.
r. That Developer shall dedicate to the City that portion of the proposed property shown on
the plats as public streets, easements, and public ways.
s. That Developer shall reimburse City for all past and future costs of publications relative to
this development until the development is completed in full. Said costs shall include but
are not limited to publication costs for notices of public hearings for development
agreement and zoning changes, ordinance publication costs for development and public
hearings, etc.
t. That Developer agrees no well to provide culinary, irrigation or water for any other use
without the written permission by the City Engineer, shall be drilled upon said property
after the recording date of this development agreement. Further that any ground water
rights including any existing well, lines or other infrastructure on the property shall be
dedicated or transferred to the City of Ammon.
u. That prior to the issuance of any building permit for buildings in said subdivision,
Developer shall construct and install all Public improvements as required by the approved
improvement drawings for said subdivision. Public improvements shall include but not
be limited to: roads, phone, electric, public water, public sewer, fire protection, cable,
lighting and required landscaping, curb, gutter, sidewalks and drainage systems.
v. That developer shall be required to construct and install all Public improvements as
required by the approved improvement drawings for each subdivision or division thereof
prior to the issuance of any building permit for said subdivision or produce a guarantee of
completion in compliance with City Code 10-29-15. This guarantee of completion shall
be provided in lieu of completing all infrastructure improvements prior to issuance of
building permits within a subdivision as required in the City of Ammon.
Ammon City Council May 07, 2026 Page 150 of 168
BLUE MOUNTAIN STORAGE DEVELOPMENT AGREEMENT - Page 7 of 11
w. That when arterial roadway or infrastructure is required as part of a final plat on property
located within this agreement; the developer shall install street lights as required by the
City Engineer on the improvement drawings for the development. Those lights shall meet
the most current standards for arterial street lighting as adopted by the City of Ammon or
the equivalent as offered by Rocky Mountain Power.
x. That developer shall pay any front footage fees applicable to said property.
y. That developer shall request that the City form a lighting district upon recording of a final
plat related to this agreement. Said district shall include all public street/security lighting
related to the property within the boundaries of this agreement. Developer agrees to pay
for or reimburse City for all costs associated with the formation of said lighting district.
7. SPECIAL CONDITIONS. That this Development Agreement shall be subject to the following
special conditions. To the extent otherwise inconsistent, special conditions shall take the
precedent over all other terms:
a. SC-1: Developer shall install conduit from the Right of Way (ROW) with a box or vault
set over the end of the conduit, fiber duct and handhold boxes as provided for by City
standards for fiber installation at the time of construction. In addition, thereto, the City
shall collect and the developer/property owner shall pay the amount set by the fee schedule
as adopted by the City Council when the building permit is issued. (Strategic Plan 5-2)
b. SC-2: Developer and/or Property owner shall designate on the required building site plan
the location where fiber duct end will terminate. All installation of fiber duct and related
infrastructure shall be installed pursuant to the standards adopted by the City of Ammon.
c. SC-3: City shall, upon notification that the fiber duct has been installed, schedule
installation of fiber, fiber duct, handhold boxes, and any other related equipment and
infrastructure.
d. SC-4: In accordance with Idaho Code 67-6537, surface water is required as the primary
water source for irrigation. Developer shall install a pressurized irrigation system to
service all lots, parcels, and common areas. Developer shall receive approval of the
pressurized irrigation system design prior to installing any components of the
system. Pressurized Irrigation system shall become property of the City of Ammon,
provided the following criteria are met: 1) Construction of the system is complete; 2)
Developer has shown the system is fully operational; and 3) Developer has shown the
system is capable of providing the primary water source for irrigation to all lots and
parcels within the subdivision. Developer shall be responsible for all defects and
deficiencies in the pressurized irrigation system for two (2) years from the date it is turned
over to the City of Ammon. A guarantee of completion in accordance with City Code 10-
29-15 shall be provided prior to issuance of building permits within the subdivision.
Upon transfer of the system to the City of Ammon, the
City shall be responsible for all operations and maintenance of the pressurized irrigation
system. Currently no there are no plans for landscaping that will require sprinkling. At such
time that irrigation may be required, a pressurized irrigation system will need to be
installed. (Strategic Plan 4-6)
e. SC 5: Developer shall provide required street markings and signage to match city
standards and BMPO Connecting Our Communities directives to include such markings
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BLUE MOUNTAIN STORAGE DEVELOPMENT AGREEMENT - Page 8 of 11
and signage as required by the City Engineer which shall include but not be limited to a
connection to the existing 10’ wide walking/bike path along the canal bank easement to
the north subdivision allowing for connectivity to the north and south. Said walking/bike
path shall be constructed in a manner and at a quality designated by the City Engineer.
(Strategic Plan 1-1)
f. SC 6: Developer will improve the entirety of their half of Ammon Road including all
lanes as required by the city engineer along his entire frontage, which shall also include
roadway paving, sidewalks, curb and gutter all in compliance with the current standards
and specification of the City of Ammon, within twelve twenty-four months of effective
date.
g. SC 7: All roadways or drive aisles within said development will be private roadway and
shall not be dedicated to the City of Ammon. Developer will provide an eighty (80) foot,
in length, paved drive aisle into the property. All roadway or drive aisles shall be
maintained by the property owner. All said roadways and drive aisles shall be constructed
and maintained consistent with all City of Ammon standards and shall be constructed as
emergency access for the fire department. Developer shall provide access and emergency
access to the City of Ammon in such means as determined by the City of Ammon Fire
Marshall.
8. Miscellaneous Provisions.
a. Covenant Running with the Land/Successors and Assigns. Unless this Agreement is
modified by mutual written agreement of the Parties or terminated by City, this Agreement
and all conditions, terms, duties and obligations included in this Agreement shall be
binding upon Owner, each subsequent owner of the Property and every person or entity
acquiring any interest in the Property. This Agreement shall constitute a covenant running
with the land burdening the Property in favor of City and shall be binding upon Owner, its
successors in interest, personal representatives, heirs, vendees and assigns.
b. Waiver. Any waiver of any of the terms or conditions of this Agreement by City or Owner
must be in writing to be effective and shall apply solely to the breach and breaches waived
and shall not bar any other rights or remedies of City or Owner of applying to any
subsequent breach of any such or other covenants and conditions.
c. Notices. Any and all notices, demands, requests, and other communications required to be
given hereunder by either of the parties hereto shall be in writing and be deemed properly
served or delivered if delivered by hand to the party to whose attention it is directed, or
when sent, seven (7) days after deposit in the U.S. Mail, postage pre-paid, or upon the
sending of a facsimile, followed by a copy sent by U.S. Mail as provided herein, addressed
as follows:
City:
City of Ammon
c/o City Administrator
2135 South Ammon Road
Ammon, Idaho 83406
(208) 612-4051 Phone
(208) 612-4009 Fax
Owner:
Mountain Edge LLC
4913 Camas Creek Circle
Iona, ID 83427
Ammon City Council May 07, 2026 Page 152 of 168
BLUE MOUNTAIN STORAGE DEVELOPMENT AGREEMENT - Page 9 of 11
Or at such other address, or facsimile number, or to such other party which any
party entitled to receive notice hereunder designates to the other in writing as
provided above.
d. Attorney Fees. In the event either party to this Agreement is required to retain the services
of an attorney to enforce its rights hereunder, the defaulting party shall pay to the non-
defaulting party reasonable attorney fees and costs incurred as a result of such default
whether or not litigation is commenced and including reasonable attorney fees and costs
on appeal.
e. Time is of the Essence. The parties hereto acknowledge and agree that time is hereby made
expressly of the essence with respect to each and every term, condition, and provision
hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the party so failing to perform.
f. Requirement for Recordation. Owner shall record this document, including all of the
Exhibits, and submit proof of such recording to the City. Failure to comply with this
section shall be deemed a default of this Agreement by Owner.
g. No Precedent. Approval of the Development Agreement shall not be considered a binding
precedent for the issuance of other development agreements. The Development Agreement
is not transferable from one parcel of land to another.
h. Police Powers. Nothing contained herein is intended to limit the police powers of the City.
This Agreement shall not be construed to modify or waive any law, ordinance, rule, or
regulation, including without limitation, applicable building codes, fire codes, zoning
ordinances, subdivision ordinances, or comprehensive plan provisions, unless expressly
provided herein.
i. Invalid Provisions. If any provision of this Agreement is held not valid, such provision
shall be deemed to be excised there from and the invalidity thereof shall not affect any of
the other provisions contained herein.
j. Choice of Law. This Agreement shall be governed by the laws and decisions of the state
of Idaho.
IN WITNESS WHEREOF, the City has by motion duly passed, executed this agreement
by the signature of the Mayor, attested by the City Clerk, and the Developer has caused this
agreement to be duly executed the day and the year first above written.
ATTEST: CITY OF AMMON, IDAHO
By:
Joanna Dahm, City Clerk Brian Powell, Mayor
By:
Todd Brewington
Mountain Edge LLC
Ammon City Council May 07, 2026 Page 153 of 168
BLUE MOUNTAIN STORAGE DEVELOPMENT AGREEMENT - Page 10 of 11
STATE OF IDAHO
County of Bonneville
On this _____ day of _______________, 2026 before me the undersigned, a Notary Public in and
for said State, personally appeared Brian Powell, known or identified to me to me be the Mayor of
Ammon, the municipal corporation that executed the attached Development Agreement and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Idaho
Residing in Bonneville County, Idaho
Commission Expiration Date:
STATE OF IDAHO
County of Bonneville
On this _____ day of _______________, 2026 before me the undersigned, a Notary Public in and
for said State, personally appeared Todd Brewington, known or identified to me to be the
individual that executed the attached Development Agreement and acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Idaho
Residing in Bonneville County, Idaho
Commission Expiration Date:
Ammon City Council May 07, 2026 Page 154 of 168
BLUE MOUNTAIN STORAGE DEVELOPMENT AGREEMENT - Page 11 of 11
EXHIBIT A
TO
DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION
HC-1 COMMERCIAL FOR BLUE MOUNTAIN STORAGE
COMMENCING AT THE EAST QUARTER CORNER OF SECTION 34, T2N, R38E, BOISE
MERIDIAN, THENCE N89°09'13"W 1184.34 FEET TO THE SOUTHEAST BOUNDARY
CORNER OF OLSEN PARK DIVISION No. 3 (INSTRUMENT NO. 1564755), CITY OF
AMMON, BONNEVILLE COUNTY, IDAHO; AND ALSO BEING A POINT ON THE
CENTERLINE OF SAND CREEK CANAL AND RUNNING THENCE ALONG SAID
CENTERLINE THE FOLLOWING SIX (6) COURSES; (1) N71°58'45"W 28.83 FEET; (2)
N03°24'00"W 142.88 FEET; (3) N45°47'48"E 89.78 FEET; (4) N78°19'55"E 110.65 FEET; (5)
N34°24'32"E 96.24 FEET; (6) N08°42'47"E 144.88 FEET; THENCE S89°09'13"E 969.90 FEET
TO THE EAST SECTION LINE OF SECTION 34 T2N, R38E; THENCE ALONG SAID
SECTION LINE S00°09'15"E 462.29 FEET TO THE POINT OF BEGINNING, CONTAINING
11.658 ACRES.
EXHIBIT B
TO
DEVELOPMENT AGREEMENT
BMPO ACCESS MANAGEMENT PLAN
Ammon City Council May 07, 2026 Page 155 of 168
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council meeting
May 7, 2026
Mayor Powell and City Council Members:
Target Park Rezone Findings of Fact and Conclusions of Law
Staff Presenting:
Cindy Donovan – Planning Director
Summary of Analysis:
1. City Council by unanimous vote approved the request for rezoning 0.88 acres in the Ammon
Town Center subdivision from PSC to HC-1 on April 16, 2026.
2. The Findings of Fact and Conclusions of Law are based on the following information:
a. The Future Land Use Map shows the property as Heavy Commercial
b. HC-1 is an applicable zone in the heavy commercial land use designation
c. Surrounding property is zoned HC-1 with similar commercial uses to the west in Idaho Falls.
d. Target Park is less than one acre and would not be accepted as a park by current City
standards.
Parcel Characteristics:
- General Location: North of Brianne Avenue, east of South 25th East, south of East 17th Street,
and west of South Eagle Drive
- Acres: 0.88 acres
- Current Zoning: PSC
- Proposed Zoning: HC-1
Motion:
Approve
I move to approve the Findings of Fact and Conclusions of Law regarding the rezoning of
approximately 0.88 acres in the Ammon Town Center subdivision from PSC to HC-1.
Attachments:
1. Vicinity Map
2. Findings of Fact and Conclusions of Law
Ammon City Council May 07, 2026 Page 156 of 168
Ammon City Council May 07, 2026 Page 157 of 168
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
IN RE:
AMMON CITY COUNCIL
CITY OF AMMON
TARGET PARK REZONE
FINDINGS OF FACT, CONCLUSIONS OF
LAW, AND DECISION
APPLICANT: CITY OF AMMON
OWNER: CITY OF AMMON
PROJECT: TARGET PARK REZONE
APPLICANT REQUEST: Request to rezone 0.88 acres from Parks, Schools, and Churches (PSC)
to Highway Commercial (HC-1)
LOCATION: North of Brianne Avenue, east of South 25th East, south of East 17th
Street, and west of South Eagle Drive
EXISTING ZONING: Parks, Schools, and Churches (PSC)
SURROUNDING ZONING: Highway Commercial (HC-1)
SURROUNDING USE: Retail, financial institutions, gas station, grocery, and fast-food
commercial
PARCEL SIZE: 0.88 acres
SECTION 1: BACKGROUND FACTS
Summary of Application
• Request to rezone 0.88 acres from Parks, Schools, and Churches (PSC) to Highway Commercial
(HC-1)
Notices & Hearings
- Planning and Zoning Commission (the “Commission”)
- Publication Notice: At least 15 days prior to the public hearing on Friday, March 13,
2026, notice of the Commission’s public hearing on the forgoing application was
published in the Post Register newspaper in Bonneville County in accordance with I.C. §
67-6511.
- Mailing Notice Adjoining Property Owners: At least 15 days prior to the hearing, on
March 11, 2026, notice of the Commission’s public hearing was mailed to adjoining
property owners within 300 feet in accordance with I.C. §67-6511.
- Additional Mailing Notice: At least 15 days prior to the public hearing, on March 11,
2026, notice was also mailed to (1) applicable utility providers and (2) applicable
political subdivisions providing services to the property in accordance with I.C. §67-
6511.
- Posting Notice: Not less than one week prior the hearing, on March 18, 2026, notice of
the Commission’s public hearing on the forgoing application was posted on the Property
in accordance with I.C. § 67-6511.
- City Council (the “Council”)
- No public hearing was held before the City Council.
Ammon City Council May 07, 2026 Page 158 of 168
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2
SECTION 2: DECISION STANDARDS & PROCEDURES
Standards
• Unless otherwise stated by City Code, the Commission is a recommending body to the Council.
See Ammon City Code § 2-1-5 and §10-10 and I.C. § 67-6511(2) (zoning). Recommendations
from the Commission are not binding on the Council. The decision of the Council is constrained
to the record created at hearing and applicable law.
• Zoning decisions must consider applicable provisions of the comprehensive plan, local
ordinances and regulations, and applicable services of those political subdivisions who serve the
property. I.C. § 67-6511(2).
• Planning and zoning actions are entitled to a strong presumption of validity in application and
interpretation of local ordinances.
• Review of Council decision is subject to the following:
67-5279. SCOPE OF REVIEW — TYPE OF RELIEF.
(1) The court shall not substitute its judgment for that of the agency as to the
weight of the evidence on questions of fact.
[…]
(3) When the agency was required by the provisions of this chapter or by other
provisions of law to issue an order, the court shall affirm the agency action
unless the court finds that the agency’s findings, inferences, conclusions, or
decisions are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the agency;
(c) Made upon unlawful procedure;
(d) Not supported by substantial evidence on the record as a whole; or
(e) Arbitrary, capricious, or an abuse of discretion.
If the agency action is not affirmed, it shall be set aside, in whole or in part,
and remanded for further proceedings as necessary.
(4) Notwithstanding the provisions of subsections (2) and (3) of this section,
agency action shall be affirmed unless substantial rights of the appellant have
been prejudiced.
[…]
SECTION 3: APPLICABLE STANDARDS AND CRITERIA AUTHORITY
Applicable Sections of Comprehensive Plan to Application:
• 2018 Comprehensive Plan, as amended by Resolution 2023-003R
• Future Land Use Map dated January 15, 2026, adopted by Resolution 2026-001R, Public
Hearing 2025-019. Key: low density residential (yellow), park (green), school (dark blue), church
(light blue), light commercial (red), high density residential (brown), heavy commercial (purple)
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• Chapter 1 Foreword, page 5: This Ammon Comprehensive Plan is intended to guide
development in the City of Ammon in a manner that achieves the shared vision expressed by its
citizens for the future of their city, their communities, and their neighborhoods.
• Chapter 2. Purpose, page 6: “This Comprehensive Plan is intended as a pathway for achieving a
shared vision for the future of the City of Ammon as it continues to age, change, and grow. The
plan will serve as a framework for decisions regarding existing and new developments in Ammon
for the foreseeable future.”
• Chapter 14. Parks and Recreation pages 44, 45: “It is the recommendation of this plan that all
new retention areas that are to be dedicated to the City parks system be required to be no less than
five (5) acres. This change should be implemented to encourage development of neighborhood
parks that have the area and parking for the subdivision where it exists. That may include but not
be limited to swing sets, sports fields, etc. Retention areas under the recommended size should
remain as part of a home owners association (HOA), which should maintain the retention area to
standards set forth by the Engineering Department of the City.”
Applicable Sections of Zoning Code to Application:
• Chapter 1 Purpose 10-1-2: PURPOSE: The zone boundaries and regulations made in
accordance with a comprehensive plan designated to promote the health, safety, peace,
convenience, and general welfare of the inhabitants of Ammon.
o A. To promote the orderly growth and development of the City in accordance with the
Comprehensive Plan.
o D. To protect the tax base.
o E. To foster industry.
o I. To promote and foster a wholesome, serviceable, and attractive City.
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• Chapter 1 Declaration 10-1-3: In establishing the zones, the boundaries thereof and the
regulations applying within each of the zones, due and careful consideration was given, among
other things, to the suitability of land for particular uses with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout the City.
• Chapter 4 Amendments 10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning
ordinance, including the map, may be amended, supplemented, changed or modified from time to
time, consistent with Idaho Code Title 67, Chapter 65. The official zoning map of the City shall
be amended after any re-zone, annexation or other change to this title that may affect the official
zoning map. It shall be the policy of the City to display and have available the most up to date
zoning map as possible. Any change to the official zoning map shall be considered adopted after
any ordinance effecting this Title as it relates to the official zoning map of the City has been
published.
• Chapter 21 HC-1 Highway Commercial Zone (requested/neighboring zone) 10-21-1:
GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The HC-1 Highway
Commercial Zone has been established as a district in which the primary use of the land is for
retail stores and service establishments to serve the traveling public. This zone is usually located
at specific locations along arterial roadways throughout the City, and is characterized by
buildings set back from the right-of-way line and having a wide variety of architectural forms and
shapes.
The objectives in establishing this zone are:
(A) To encourage the development and continued use of the land within the zone for business
purposes.
(B) To promote safety on the roadways.
(C) To maintain maximum use of high right-of-way for travel purposes.
To prohibit uses which tend to prevent the continued use and development of the land within the
zone for its primary purpose.
• Chapter 41 PSC Parks, Schools, and Churches Zone (current zone) 10-41-1: GENERAL
OBJECTIVES AND CHARACTERISTICS OF ZONE: The general objective of the PSC Parks,
Schools, and Churches Zone is to provide the appropriate location for parks, schools, and churches
so that they may be harmonious with the surrounding areas.
• Chapter 41 PSC Parks, Schools, and Churches Zone (current zone) 10-41-4 B Size: Parks
dedicated to the City shall not be under 5.0 acres, unless otherwise approved by the City Council.
a. Park space shall be donated in one contiguous property unless otherwise approved by the
City Council
SECTION 4: FINDINGS OF FACT
Based upon the record and testimony presented to the Council, IT FINDS THE FOLLOWING FACTS:
Relevant Uncontested Facts
A. The property is currently zoned PSC Parks, Schools, and Churches and has been known as Target
Park since March, 1996.
B. The property is surrounded by heavy commercial land.
C. Property is located east of a major arterial road known as 25th East (Hitt Road).
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D. Property further to the West is in the City of Idaho Falls which contains similar commercial
property.
E. The Comprehensive Plan Future Land Use Map depicts the property as heavy commercial.
F. The proposed HC-1 zone is applicable within the heavy commercial designation.
G. Rezoning the property would result in an increase of commercial property.
Reasoned Findings on Relevant Contested/Conflicting Facts
H. The Target Park is less than one acre and would not be accepted as a park by current City
standards.
I. The Target Park area must be maintained to City standards but serves little use as a public park.
SECTION 5: CONCLUSION OF LAW
1. The City of Ammon is a municipal corporation organized under Article XII of the Idaho
Constitution and the laws of the State of Idaho, Title 50, Idaho Code;
2. Under Chapter 65, Title 67 of the Idaho Code, the City has passed a land use and zoning code,
Title 10;
3. Under Chapter 2, Title 50 of the Idaho Code, the City has passed an annexation procedures
ordinance, Title 11.
4. The Council has authority to hear the applicant’s request pursuant to the Ammon Municipal
Code.
5. The City of Ammon has provided adequate notice for the review of this application.
6. The process adhered strictly to procedural requirements outlined in Idaho Code § 67-6535 and
Ammon City Ordinances (Section 10-4-4). A public hearing was transparently held, providing all
stakeholders with substantial opportunity to voice their positions and ensuring fair due process.
7. This requested proposal DOES COMPLY with the 2018 Comprehensive Plan BECAUSE:
a. Comprehensive Plan Future Land Use Map designates this area as heavy commercial,
HC-1 Highway Commercial is applicable within the heavy commercial designation.
b. Chapter 1 of the Comprehensive Plan anticipates a shared vision expressed by its citizens
for the future of their city, their communities, and their neighborhoods.
c. Chapter 2 of the Comprehensive Plan an important purpose of the Ammon
Comprehensive Plan is to empower the citizens of Ammon through their elected officials
to manage the changes that will happen in the City.
d. Chapter 19 of the Comprehensive Plan future economic development should focus on
providing employment opportunities that provide sufficient income to allow citizens to
both live and work in Ammon.
8. Understanding this is a request for a rezone, this requested proposal DOES COMPLY with the
zoning ordinance BECAUSE:
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a. Ammon City Code § 10-41-4 (B) Size. Parks dedicated to the City shall not be under 5.0
acres, unless otherwise approved by the City Council.
9. The proposed application DOES protect and improve the public health, safety and welfare
BECAUSE:
a. The rezoning of this property to HC-1 would positively affect the area with increased
commercial property.
b. The rezoning of this property to HC-1 will eliminate park maintenance costs to the City.
10. The proposed application WILL NOT have a negative fiscal impact upon the existing citizens of
the City of Ammon BECAUSE:
a. The rezoning of this property will cause an increase of commercial property within the
City.
SECTION 6: DECISION
THEREFORE, the Ammon City Council approves the proposed application.
SECTION 7: NOTICE TO APPLICANT OF RIGHTS
This is a final decision by the Council. Rights regarding final decisions by the Council are
dictated by City Ordinance; a regulatory taking analysis may be requested pursuant to Idaho Code
§ 67-8003; and an affected person aggrieved by a final decision may seek review of this decision
in accordance with Idaho Code § 67-6535 and Idaho Rule of Civil Procedure 84 after all remedies
have been exhausted under local ordinance.
The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and
Decision this 7th day of May, 2026.
________________________________
Mayor Brian Powell
_______________________________
Attest: Joanna Dahm, City Clerk
Ammon City Council May 07, 2026 Page 163 of 168
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Ammon City Council meeting
May 7, 2026
Mayor Powell and City Council Members:
Target Park Rezone Ordinance #747
Staff Presenting:
Cindy Donovan – Planning Director
Criteria for Decision:
- Comprehensive Plan Chapter 10 Land Use
- Title 10 Chapter 21 Highway Commercial HC-1
Summary of Analysis:
1. City Council approved the request to rezone 0.88 acres in the Ammon Town Center from PSC to
HC-1 on April 16, 2026.
2. Approval of Ordinance #747 will finalize the rezone process
Parcel Characteristics:
- General Location: North of Brianne Avenue, east of South 25th East, south of East 17th Street,
and west of South Eagle Drive
- Acres: 0.88 acres
- Current Zoning: PSC
Motion:
Approve
Read script provided with ordinance 747.
Attachments:
1. Ordinance #747
Ammon City Council May 07, 2026 Page 164 of 168
Ordinance #747 – Target Park Rezone Page 1 of 4
CITY OF AMMON
ORDINANCE NO. 747
AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE
ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF
AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING
THE ZONING OF HC-1 FOR SUCH PARCELS OF LAND;
PROVIDING FOR AN EFFECTIVE DATE.
(Property location: north of East 25th South, east of South 25th East (Hitt Road), south of
17th East, west of South Eagle Drive, First Amended Plat of Ammon Town Center Division
1, Block 1, Lot 14, Parcel No.: RPB2731001014O)
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
AMMON, IDAHO THAT:
WHEREAS, certain lands and properties within the City of Ammon have been petitioned
for a change of zoning and zoning classification; and,
WHEREAS, the City of Ammon Planning and Zoning Commission has duly held a
hearing upon the application for change of zone and has given notice as required by law of the
hearings thereon; and
WHEREAS, the City Council of the City of Ammon has determined that it is not
necessary to hold a hearing before the City Council on the application for the change of zones,
NOW THEREFORE, be it hereby ordained by the Mayor and City Council of the
City of Ammon:
Section 1.
a. A petition for change of zone from PSC to HC-1, relating to certain property
located within Ammon, Bonneville County, Idaho and more particularly described
hereafter was properly brought.
b. That Public Hearing (#2026-006) was held before the Planning and Zoning
Commission of the City of Ammon and recommendations were received from the
Planning and Zoning Commission
c. That the hearing followed proper legal requirements for advertisement of the
hearings.
.
Ammon City Council May 07, 2026 Page 165 of 168
Ordinance #747 – Target Park Rezone Page 2 of 4
d. That the proposed zoning classification of HC-1 Highway Commercial Zone shall
be compatible with the Comprehensive Plan.
Section 2.
That the City Council does hereby amend the zoning map and the zoning classification to
HC-1 for the following described property:
LEGAL DESCRIPTION
First Amended Plat of Ammon Town Center Division 1, Block 1, Lot 14, Parcel No.:
RPB2731001014O
Section 3.
This ordinance shall become effective upon its passage by the City Council, approval by
the Mayor and due publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 7th day of
May, 2026.
________________________________
Brian Powell, Mayor
ATTEST: City of Ammon
______________________________
Joanna Dahm, City Clerk
City of Ammon
Ammon City Council May 07, 2026 Page 166 of 168
Ordinance #747 – Target Park Rezone Page 3 of 4
STATE OF IDAHO )
) ss.
County of Bonneville )
I, JOANNA DAHM, CITY CLERK OF THE CITY OF AMMON, IDAHO, DO
HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the
Ordinance entitled,
AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE
ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF
AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING
THE ZONING OF HC-1 FOR SUCH PARCELS OF LAND; PROVIDING FOR AN
EFFECTIVE DATE.
(Property location: north of East 25th South, east of South 25th East (Hitt Road), south of
17th East, west of South Eagle Drive, First Amended Plat of Ammon Town Center Division
1, Block 1, Lot 14, Parcel No.: RPB2731001014O)
Dated this 7th day of May, 2026.
____________________________________
Joanna Dahm, City Clerk
Ammon City Council May 07, 2026 Page 167 of 168
Ordinance #747 – Target Park Rezone Page 4 of 4
CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
SUMMARY OF
ORDINANCE NO: 747
AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING
MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON;
PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE ZONING OF
HC-1 FOR SUCH PARCELS OF LAND; PROVIDING FOR AN EFFECTIVE DATE.
(Property location: north of East 25th South, east of South 25th East (Hitt Road), south of
17th East, west of South Eagle Drive, First Amended Plat of Ammon Town Center Division
1, Block 1, Lot 14, Parcel No.: RPB2731001014O)
The full text of this ordinance is available at the City Clerk’s Office, Ammon City Office,
2135 S. Ammon Road, Ammon, Idaho.
ATTEST: CITY OF AMMON
_______________________ ________________________
Joanna Dahm, City Clerk Brian Powell, Mayor
I have reviewed the foregoing summary and I believe that it provides a true and
complete summary of Ordinance #747 and the summary provides adequate notice to the public of
the contents of this ordinance.
DATED this 7th day of May, 2026.
__________________________
Scott Hall, City Attorney
Ammon City Council May 07, 2026 Page 168 of 168