Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 7 - ADVERTISING AND SPONSORSHIP PROGRAM › Section R17-1-704 - Advertising or Sponsorship Approval; Agreement; LeaseRequest for Advertising or Sponsorship; Approval or Denial; Time-frames

Current through Register Vol. 30, No. 28, July 12, 2024
A. An advertiser or sponsor seeking to
				participate in the Department's advertising and sponsorship program shall first
				negotiate and enter into a written advertising or sponsorship agreement with
				the Department or its contractor
B.
				An advertising or sponsorship agreement made between the Department, or its
				contractor, and the advertiser or sponsor may be of any duration up to five
				years and shall:
1. Provide economic
				viability and a net benefit to the public, in the discretion of the
				Department;
2. Include provisions
				for maintenance and removal of physical elements of the advertising or
				sponsorship acknowledgment after 2 the agreement expires or the advertiser or
				sponsor withdraws;
3. Identify any
				specific highway sites, corridors, or operations supported by any monetary
				contribution provided by a sponsor, if the sponsor is making a monetary
				contribution;
4. Be approved by the
				FHWA Division Administrator before it becomes effective, if the agreement
				involves the Interstate highway system;
5. Require that the authorized advertiser or
				sponsor comply with all state laws prohibiting discrimination based on race,
				religion, color, age, sex, national origin, and other applicable
				laws;
6. Include a termination
				clause, where applicable, based on:
a. Safety
				concerns, as determined by the Department in its sole discretion;
b. Interference with the free and safe flow
				of traffic, as determined by the Department in its sole discretion;
c. Construction activities approved or
				initiated by the Department in the area, which may pose conflicts with
				advertising or c sponsorship activities, including construction and maintenance
				projects, road widening, detour, diversion, rebuilding rerouting, temporary or
				permanent closure because of weather or other damage, land-use changes, changes
				in applicable federal or state laws, or any similar reason for termination of
				the agreement;
d. Payment default
				by the advertiser or sponsor;
e.
				Noncompliance with contractual terms or provisions of the agreement;
				or
f. A determination, made by the
				Department in its sole discretion, concluding that the agreement is not in the
				public interest
7.
				Include only the types of advertisers and sponsors deemed acceptable under
				applicable state and federal laws;
8. Recommend that for assets and facilities
				on which federal-aid funds were not used, the advertising or sponsorship
				revenue or 8 monetary contributions received as part of the agreement be used
				for highway purposes as permitted under state law;
9. Require that for assets and facilities on
				which federal-aid funds were used, the advertising or sponsorship revenue or
				monetary contributions received as part of the agreement be used only for
				highway purposes;
10. Require that
				for rest areas authorized for limited commercial activities under
				23
				U.S.C. 111, the advertising or sponsorship
				revenue or monetary contributions received as part of the agreement be used to
				cover the costs of acquiring, constructing, operating, and maintaining rest
				areas;
11. Require the advertiser
				or sponsor to certify that the advertiser or sponsor will comply with all
				applicable federal, state, and local laws, ordinances, rules, regulations, and
				contractual requirements of the Department's advertising and sponsorship
				program and maintain content- and viewpoint-neutral standards as provided under
				this Article; and
12. Require the
				advertiser or sponsor to acknowledge that it is the Department's intent to
				preserve the assets and facilities of the Department as a non-public forum,
				notwithstanding the placement in those locations of the advertising or
				sponsorship content referenced in the agreement.