La. Admin. Code tit. 70 § III-803

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-803 - Sponsorship Agreements and Acknowledgment Signs and Plaques on Public Rights of Way

A. Applicability

1. As provided in Federal Highway Administration Order 5160.1A (FHWA Order 5160.1A), this Section shall apply to any street or roadway that is open to public travel.

B. Purpose

1. The purpose of this Section is to allow the use of signs and plaques to acknowledge a provision of highway-related services under both corporate and volunteer sponsorship programs while maintaining highway safety and minimizing driver distraction.

C. All sponsorship agreements and acknowledgment signs and acknowledgment plaques shall comply with the manual on uniform traffic control devices for streets and highways (MUTCD), published by the Federal Highway Administration (FHWA) under 23 CFR part 655, subpart F, and shall be administered pursuant to FHWA Order Number 5160.1A.

D. General Principles

1. If federal-aid funds were used within the corridor or facility for which sponsorship is being provided, then monetary contributions received as part of sponsorship agreements shall be spent only for highway purposes. If federal-aid funds were not used within the corridor or facility for which sponsorship is being provided, then, where practical, monetary contributions received as part of sponsorship agreements should be used only for highway purposes.

2. Agreements shall contain a provision requiring sponsors to comply with state laws prohibiting discrimination based on race, religion, color, age, sex, national origin, and all other applicable laws, rules and regulations.

3. All sponsorship agreements involving the interstate highway system are contingent upon the approval of the FHWA division administrator.

4. Sponsorship agreements shall include a termination clause giving the department the right to end such agreement at any time based on any of the following:

a. safety concerns;

b. interference with the free and safe flow of traffic;

c. a determination that the sponsorship agreement or acknowledgement is not in the public interest;

d. for the convenience of the department.

5. The department will maintain full ownership of any sponsored product, event, and asset.

6. The department shall maintain all authorship rights to publications.

7. The sponsoring organization is not permitted to charge fees for state owned products, events, or access to state property.

8. The sponsoring organization is not permitted to alter publications or other property without the written permission of the department.

E. Sponsorship Contractors

1. In some cases, the department may issue requests for proposals in order to secure bidders for the administration of the departments sponsorship program. Payment for such services may be based upon revenues or in-kind services generated from sponsors for highway related services.

2. Sponsorship contracts shall require the prior approval of the FHWA if the agreement relates to the Interstate highway system.

F. Eligibility Requirements

1. The department recognizes that entering into a sponsorship agreement with an external entity does not constitute an endorsement of the entity or its services and products but does imply an affiliation. Such affiliation can affect the reputation of the state among its citizens and its ability to govern effectively. Therefore, any proposal for sponsorship of a state program or service in which the involvement of an outside entity compromises the publics perception of the states neutrality or its ability to act in the public interest will be rejected.

2. The department shall consider the following criteria before entering into a sponsorship agreement:

a. whether the sponsorship is consistent with the goals, objectives, and mission of the department and the current priorities that support these goals, objectives, and mission; and

b. the importance of the sponsorship to the mission of the department; and

c. the extent and prominence of the public display of sponsorship; and

d. aesthetic characteristics of the public display of sponsorship; and

e. the level of support provided by the sponsor; and

f. the cooperation necessary from the department to implement the sponsorship; and

g. any inconsistencies between the departments policies and the known policies of the potential sponsor; and

h. other factors that might undermine public confidence in the departments impartiality or interfere with the efficient delivery of department services or operations, including, but not limited to, current or potential conflicts of interest, or perception of a conflict of interest, between the sponsor and department employees, officials, or affiliates; and the potential for the sponsorship to tarnish the states standing among its citizens or otherwise impair the ability of the state to govern its citizens.

3. The amount of the approved financial or in-kind support is at the discretion of the department.

La. Admin. Code tit. 70, § III-803

Promulgated by the Department of Transportation and Development, Office of Operations, LR 41:955 (May 2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:21-26 and 48:274.2.