Or. Admin. Code § 734-031-0030

Current through Register Vol. 63, No. 10, October 1, 2024

Section 734-031-0030 - Sponsorship Agreement

(1) The Sponsorship Agreement shall be an agreement for the Participant to provide for development, operation or maintenance of a Rest Area. When the Sponsorship Agreement is for a Rest Area within Interstate highway right of way, the Sponsorship Agreement must be approved by Federal Highway Administration to determine consistency with its directives and MUTCD.

(2) The Sponsorship Agreement will include the name of the Rest Area and a full description of the Contribution including the quantity of Product being provided or the frequency that Highway Related Services are to be performed.

(3) The term of the Sponsorship Agreement will be for a period of at least 1 year.

(a) When the Contribution is a Highway Related Service for the Rest Area operation or maintenance, the service must be provided at least twice over the 1-year period. When the Highway Related Service is for development of a Rest Area or Rest Area feature, the Contribution must be for a significant portion of the overall project as identified in the project solicitation.

(b) When the Contribution is for a Product, the quantity of Product must be adequate to meet the expected need for the 1-year period.

(c) When the Contribution is money, the value must be a significant portion of the development cost or the cost to operate or maintain the Rest Area or the specific feature of the Rest Area.

(4) The Sponsorship Agreement is not transferable and may be cancelled by mutual consent of the parties or by the Rest Area Operator for cause including, but not limited to safety considerations concerning Rest Area or highway operations, failure of the Participant to perform the work described in the Sponsorship Agreement, failure of the Participant to comply with provisions of the Sponsorship Agreement, or a determination the sponsorship agreement is no longer in the public's best interest.

(5) The Participant shall not use the Rest Area or state highway to display advertising signs or display or sell merchandise of any kind. Unauthorized items may be removed at the direction of the Department, Rest Area Operator, or law enforcement personnel.

(6) The Participant shall be bound by all applicable federal, state and local laws, rules, and regulations and such other terms and conditions as may be required in the Sponsorship Agreement.

(7) When the Sponsorship Agreement is for a Highway Related Service, the Participant will have the following additional responsibilities:

(a) The Participant will be responsible and liable for the care, control, supervision and assurance of safety of all Participant members and the safety of Rest Area users.

(b) When work may impact motorists using the Rest Area or the mainline highway, the Participant will protect the work area in accordance with the MUTCD and the Oregon Temporary Traffic Control Handbook in force at the time the work is conducted.

(c) Maintain a copy of the fully signed Sponsorship Agreement at the worksite when the Highway Related Service is being performed and make it available to the Department, Rest Area Operator, or law enforcement personnel upon request. No work activities are to occur in the Rest Area until the Participant has obtained a fully signed Sponsorship Agreement.

(d) Vehicles used to transport Participant or its members to and from the Rest Area must be parked within the Rest Area so as not to interfere with the regular use of the Rest Area or to create a hazard to motor vehicle traffic. Vehicles must be moved by the Participant upon request of the Department, Rest Area Operator, or law enforcement personnel.

(e) The Participant must protect all existing Rest Area features, including but not limited to the paved surfaces, sidewalks, drainage features, landscaping, and fences, from damage as a result of their activity. The Participant shall restore any damaged feature to the satisfaction of the Rest Area Operator whether discovered at the time of damage or at a later date. Unrepaired damage or unrestored features may be repaired or restored by the Rest Area Operator at the expense of the Participant.

Or. Admin. Code § 734-031-0030

HWD 2-2016, f. & cert. ef. 6/21/2016

Stat. Auth.: ORS 184.616, 184.619, 366.205

Other Auth.: Federal Policy 5160.1A

Stats. Implemented: ORS 366.205