(a) Commercial establishment and major shopping area
application.
(1) Applications for commercial establishments or major
shopping areas desiring to participate in the information logo sign
program are available upon request from the department.
(2) A commercial establishment or major shopping area
desiring to participate in the information logo sign program must
submit an application to the contractor and verify that all requirements
are met. Applications must be submitted to the location as stated
on the application form. The contractor will verify the eligibility
of each applicant.
(3) For commercial establishments, a separate application
is required for each primary motorist service per interchange per
direction of travel. Only one application per commercial establishment
per primary motorist service per direction of travel per interchange
will be accepted.
(4) Applications will be reviewed by the contractor
and applicants will be notified in writing if qualified or rejected.
Rejected applications will be returned and deficiencies noted.
(5) Rejected applicants may resubmit their application
when the noted deficiencies have been corrected.
(6) To be eligible for the selection process for the
available business logo space(s), available first alternate position,
or available second alternate position, a commercial establishment
must have submitted a qualified application before the commercial
establishment application deadline.
(7) The commercial establishment application deadline
for the initial installation for a new or existing logo sign assembly
drawing will be set as specified by the contractor and approved by
the department.
(8) Qualified applications received after the commercial
establishment application deadline will be placed on file and considered
eligible for future drawings.
(b) Commercial establishment selection.
(1) Available business logo space(s) and relative placement
of business logos on the specific information logo sign, available
first alternate position, and available second alternate position
will be awarded by drawing of the qualified applications received
before the commercial establishment application deadline. The relative
placement of business logos in available space(s), in order of selection,
is upper left, upper middle, upper right, lower left, lower middle,
and lower right. For a specific information logo sign that includes
more than one service, the relative placement of business logos in
available space(s), in order of selection, is left to right and top
to bottom for each portion of the sign designated for each service.
(2) The drawing will be held publicly by the contractor
on a date specified by the contractor and approved by the department
in the presence of two or more department employees. When business
logo spaces become available, additional drawings will be held publicly
as needed in the presence of two or more department employees. Additional
drawings of qualified applicants will be held no earlier than 20 days
nor later than 45 days after the commercial establishment application
deadline.
(3) When a business logo space(s) becomes available,
the first and second alternates have first right of refusal, respectively,
for the available business logo space. If the first alternate accepts
an available business logo space, the second alternate then becomes
the first alternate with first right of refusal for any existing or
future available business logo space. Any remaining available business
logo space(s), available first alternate position, or available second
alternate position are awarded by the drawings.
(4) If the number of qualified applicants is less than
or equal to the number of available business logo space(s) at the
time of the commercial application deadline, the available spaces
will be awarded to the qualified applicants. The random drawing will
determine only the relative placement of the business logo signs in
the available space(s).
(5) The contractor shall notify the commercial establishment
of the award of specific information business logo sign space within
10 calendar days of the date of the award. To accept the award, the
commercial establishment must execute a written participation agreement
with the contractor within 30 calendar days of the date of the award.
The participation agreement shall be in a form as prescribed by the
department and shall, at a minimum, contain all applicable provisions
prescribed by this subchapter.
(c) Responsibilities and rights of commercial establishment.
(1) The commercial establishment must provide a business
logo and, if necessary, ramp business logo(s) within 60 days of notification
by the contractor of the contractor's intent to erect the specific
information logo signs or ramp signs.
(2) A commercial establishment may renew its participation
agreement with the contractor on an annual or multi-year basis no
later than the date specified by the contractor and approved by the
department. If the commercial establishment does not renew the agreement
with the contractor, the contractor will remove the business logo
at the end of the participation agreement, and will make the vacated
space(s) available to other commercial establishments pursuant to
subsection (b) of this section.
(d) Covering of business logo. A business logo and
the ramp business logo(s) of a commercial establishment may be covered
by the contractor if the commercial establishment is temporarily closed
for a period not exceeding 30 calendar days. Unless removed pursuant
to subsection (e) of this section, the business logo and ramp business
logo(s) will remain covered until the commercial establishment reopens.
(e) Removal of business logo.
(1) A business logo of a participating commercial establishment
shall be removed by the contractor if the commercial establishment:
(A) ceases to exist;
(B) fails to pay the annual rental fee or other fees
within 30 calendar days of the due date as specified on the agreement;
(C) is temporarily closed for more than 30 calendar
days;
(D) does not meet the minimum eligibility requirements
of §25.405 of this subchapter, and all corrections are not made
within 30 calendar days of written notification;
(E) is sold, and the new commercial establishment does
not continue the original primary motorist service or does not meet
the minimum requirements for the primary motorist service;
(F) has not provided a replacement business logo sign
within 60 calendar days of written notification that the business
logo is missing, damaged, broken, or faded; or
(G) relocates and is no longer eligible for participation
in the program.
(2) Removal of a business logo by the contractor will
include the removal of the commercial establishment's ramp business
logo sign(s).
(3) If the business logo is removed due to the default
of the commercial establishment to perform within the terms of the
participation agreement and this subchapter, the participation agreement
is terminated between the commercial establishment and the contractor.
All funds paid to the contractor by the commercial establishment are
forfeited. Upon removal of a business logo, the vacated space becomes
available pursuant to subsection (b) of this section. A replacement
commercial business is selected, as stated in the commercial establishment
selection process.
(4) If the business logo is removed permanently due
to actions of the department, the participation agreement is terminated
between the commercial establishment and the contractor. Advance funds
paid to the contractor by the commercial establishment will be pro-rated
as per the date of removal, and any remaining amounts refunded to
the commercial establishment.
(f) Responsibilities and rights of the major shopping
area. The major shopping area may renew its participation agreement
with the contractor on an annual or multi-year basis at a date specified
by the contractor and approved by the department. If the major shopping
area does not renew the agreement with the contractor, the contractor
will remove the guide signs and ramp signs at the end of the participation
agreement.
(g) Covering or removal of major shopping area guide
sign.
(1) A major shopping area guide sign(s) of a major
shopping area may be covered by the contractor if:
(A) the major shopping area is temporarily closed for
a period not exceeding 30 calendar days; or
(B) the department finds the parking is so insufficient
that it causes undue congestion to the state highway system.
(2) A major shopping area guide sign of a major shopping
area may be covered until:
(A) the property reopens; or
(B) the department finds there is now sufficient parking.
(3) A major shopping area guide sign of a participating
major shopping area shall be removed by the contractor if the major
shopping area:
Cont'd... |