Ariz. Admin. Code § R17-1-704 - Advertising or Sponsorship Approval; Agreement; LeaseRequest for Advertising or Sponsorship; Approval or Denial; Time-frames

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.

C. The Department or its contractor shall provide a copy of any signed advertising or sponsorship agreement to the advertiser or sponsor if approved.

D. All advertising or sponsorship agreements under this Article are public records under A.R.S. Title 39, Chapter 1, Article 2, and A.R.S. Title 41, Chapter 1, Article 21. The Department or its contractor shall not agree with any advertiser or sponsor to keep confidential, or not to disclose upon receipt of a public record request, either the content of any written agreement under this Article, or the negotiations leading up to any agreement, nor the advertiser's proprietary or trade information disclosed to the Department or its contractor in the course of negotiating or executing such written agreement, without regard to whether such information, including a logo, slogan, or other commercial message is claimed to be confidential, proprietary, trademarked, copyrighted, or otherwise registered by the advertiser, sponsor, or agent with rights reserved.

Notes

Ariz. Admin. Code § R17-1-704

Adopted by final rulemaking at 24 A.A.R. 657, effective 5/7/2018.