HomeMy WebLinkAboutC13-181 EagleVail Community Banner Program MOU4* MEMORANDUM OF UNDERSTANDING BETWEEN THE EAGLEVAIL METROPOLITAN DISTRICT AND EAGLE COUNTY CONCERNING THE EAGLEVAIL COMMUNITY BANNER PROGRAM This Memorandum of Understanding (MOU), made this 't�'- day of , 2013 by and between the EAGLEVAIL METROPOLITAN DISTRICT, a Colorado,3speci District, acting by and through its Board of Directors (hereinafter "EVMD") and EAG E COUNTY, a body corporate and politic, by and through its Board of County Commissioners (hereinafter "County "), memorializes the arrangement and responsibilities between the entities identified above as it pertains to the EagleVail Community Banner Program. RECITALS WHEREAS, EVMD desires to increase awareness of community events and attract visitors to the EagleVail community and events; and WHEREAS, EVMD developed plans to install poles to be used for the display of banners (hereinafter "Improvements ") along Hwy 6 to advertise community events; and WHEREAS, EVMD has worked with the County and the Colorado Department of Transportation (hereinafter "CDOT ") to identify appropriate locations and specifications for the installation the Improvements; and WHEREAS, the cost of installation and maintenance of the Improvements will be fully funded by EVMD; and WHEREAS, banners as contemplated in this agreement are classified as exempt signs under the County Sign Regulations; and WHEREAS, the EVMD will be the applicant for CDOT permitting with endorsement of the County as demonstrated through this agreement; and NOW, THEREFORE, in consideration of the foregoing premises and following promises, EVMD and County agree as follows: A. EagleVail Metropolitan District Responsibilities a. EVMD agrees to comply with the terms and constraints set forth in the Banner Proposal, attached hereto as Exhibit A and incorporated herein by this reference. b. EVMD agrees to install and maintain the Improvements in accordance with the specifications and conditions of the CDOT Special Use Permit and the County's Community Banner Policy. c. EVMD will accept applications and screen proposed banners for compliance with the CDOT Permit and County Policy. C 13 d. EVMD is responsible for installing and removing banners on a regular basis including no fewer than four times per year or within one week following a community event promoted on the banner. e. On an annual basis, EVMD will provide documentation to the County demonstrating the program is managed in accordance with the requirements of the CDOT Permit and this Agreement. B. County Responsibilities County has established a Community Banner Policy, attached as Exhibit B, to ensure a consistent appearance for any community desiring to install community or event banners along the roadways within unincorporated Eagle County. County will provide an annual review of the EVMD banner program to verify compliance with the CDOT Permit and the Community Banner Policy. In the case that the EVMD is not managing the Community Banner Program in accordance with this agreement, the County will notify EVMD of the concerns and reserves the right to remove the improvements if those concerns are not addressed to the satisfaction of the County. C. Termination The parties agree to operate in accordance with the terms of this MOU as long as practicable. However, the parties recognize and acknowledge that the County reserves the right to amend its community Banner Policy at any time and EVMD reserves the right to terminate its Community Banner Program at any time. The parties agree that in such event, the terms of this MOU may no longer be applicable. D. Contacts Any notice relating to this MOU shall be in writing and sent via regular mail or facsimile to the addresses of the parties as follows: EVMD: EagleVail Metropolitan District, Attention: Board of Directors, PO Box 5660, Avon CO, 81620. Facsimile: (970)949 -0520 County: Eagle County Engineer, Attention: Eva Wilson, PO Box 850, Eagle CO, 81631. Facsimile: (970)328 -8789. //Remainder of Page Intentionally Left Blank // IN WITNESS WHEREOF, the EagleVail Metropolitan District and Eagle County have executed this Memorandum of Understanding this q day of —1 kj i '-1 , 2013. ATTEST: BY: Clerk to the Board of County Commissioners j'7,', PKr STATE OF o ) ) SS. COUNTY OF COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COMMISSIONERS: III 1 • _ L � EAGLEVAIL METROPOLITAN DISTRICT, by and through its BOARD OF DIRECTORS: BY: TITLE: �rccuwNy,. The foregoing instrument was acknowledged before me by J e LA-(t, , this Z day Of J UQ C '2013. My commission expires: No ry P blic Exhibit A MEMORANDUM To: Alan Clubb, Permits Coordinator, CDOT Eva Wilson, Eagle County Engineer From: Jeff Layman, EagleVail Date: July 23, 2012 Revised: April 17, 2013; May 13, 2013 Re: Banner Proposal EagleVail Metro District Banner Proposal The EagleVail Metropolitan District in conjunction with the EagleVail Business Association, submits this proposal to the Colorado Department of Transportation and to Eagle County Government to erect twenty banner poles on Highway 6 within the EagleVail business community. Banner Poles These poles will be installed just outside of the shoulder along the length of the highway and display banners that would highlight the area's activities. No individual businesses would receive billing on any one or multiple banners. Instead, the banners would highlight the area's amenities and add color and movement to an otherwise drab environment. This program, in accordance with CDOT regulations: • Will be approved by the Eagle County Board of County Commissioners and the EagleVail Board of Governors prior to implementation. • Will display banners that highlight only EagleVail's activities, and those communities immediately adjacent to EagleVail (Beaver Creek, Avon, Traer Creek, Vail and Minturn). • Will allow only banners made of a substantial material such as cloth, canvas or plastic. • Will prohibit private advertising on the banners. • Will rely on the CDOT Regional Traffic Engineer to determine the maximum number of banner poles and banners allowed. The banners would be changed out on a seasonal basis or when a special community event arises. Organizations sponsoring events could petition to have their banners displayed, as well, in accordance with established criteria. The changing of the banners would be governed by a committee of the EagleVail Business Association, criteria which are generally set out below: • An organization wishing to place a banner may apply to place one or all 20 banners with their event banner. A per banner fee will be established. The application is attached. • Banners are six feet tall and 30 inches wide. • Banners are to be constructed such that wind will pass through. A one inch grommet is required in each corner, just outside the sleeve seam. Exhibit A • Banners may be designed such that the event logo and dates of the event are displayed. Commercial logos and /or sponsor logos and information are not allowed in compliance with CDOT regulations. • Banners must be printed on both sides. • It is suggested that banners be approved by the EagleVail Business Association Board prior to the banners being made. • Banners will be installed by the EagleVail Business Association or its contractor, in compliance with CDOT specifications. The poles will be installed in between the current driveways, 20 in all. The poles would be installed according to CDOT specifications. The final placement locations will be determined in accordance with CDOT and Eagle County personnel. CDOT's Janet Lindley has provided guidance and approval for the locations planned for the banner posts. Attempts will be made to standardize the installation so that they are of equal height and distance apart. The poles are proposed to be 16 feet tall, as measured from the edge of the roadway. The banners will be 30" wide and 72" long. The bottom of the banner is proposed to be no lower than nine feet above the edge of roadway. The poles are standard Poz Loc slip base poles used with highway signs everywhere. Photos and technical information regarding the posts is attached and can be viewed at: http : / /-,vt,,\v.mhcorbininc.com /admin /assets /pozloc slip base brochure.Rdf Additionally, the posts will be painted brown (PMS 476C). They would be maintained by the EagleVail Business Association or its contractors. Please see the attached photo array and map for more information. Let me know what further information is necessary to process this proposal. You may reach me at 970.376.7004 or .jefflavman&eaglevail.org. Thanks for your consideration. .� Exhibit B Eagle County Engineering Department Review Process OVERVIEW This policy applies to any community in unincorporated Eagle County that desires to install banners along the roadways in the community. Community banners may be used to highlight community amenities or upcoming community events. Advertisements for businesses are not permitted on community banners. Eagle County intends to work with communities to accommodate this program but also desires to ensure that there is consistency in appearance for the improvements necessary to install banners. The community banner program will be managed by the Eagle County Engineering Department, and the requesting community is responsible for installation and all maintenance related to the permanent improvements and the community banners. ' 1 -I fir': 1. Complete Community Banner Request The requesting community will submit a letter requesting authority to begin a community banner program and a map of proposed locations for the permanent improvements. The letter should include the intended use of the banners, the criteria for organizations to put up banners, and details on the maintenance of the community banners. 2. Request Review The Engineering Department will review the request for policy compliance and verify the proposed locations are acceptable. Any banners desired along State Highways will require permitting by the Colorado Department of Transportation (CDOT) and installation of banner posts meeting the standards below. Banners requested along County Roads may require additional permitting which will be determined during the review. 3. Response to the Applicant Once the review is completed, the Engineering Department will contact the applicant for any additional information and to provide guidance on any additional permitting. 4. IGA Required Once permitting requirements have been identified and all necessary information has been provided, the County will draft an Agreement to allow the installation of the banners within the Public ROW in the form of an Inter - Governmental Agreement or Memorandum of Understanding. This written agreement will specify the requesting community is responsible for installation, maintenance and removal if necessary, and will be signed by the governing body for the community and the Board of County Commissioners. 5. Complete Permitting After the Agreement has been executed, the requesting community can finalize any required permits. 6. Install Posts and Banners After the agreement is executed and all necessary permits have been issued, the community can install the desired improvements and commence with the community banner program. The County will perform a yearly review of the program to ensure compliance with permits and the agreement. M Exhibit B INFORTIMATION NECESSARY FOR A COMPLETE REQUEST AND SPECIFICATIONS To ensure complete request, the following is a list of information to incorporate: 1. Describe the intent for the Community Banner Program, who will manage the Program, who will approve banner design, and the schedule for replacing the banners. 2. Explain what information will be allowed on the banners. 3. Provide a map identifying the number and locations of the banners. For State Highways, new posts and CDOT approval are required. 4. Documentation that the following standards will be satisfied. STANDARDS The following standards apply to 1. If installing new posts, metal, breakaway posts are required such as the POZ -LOC Slipbase System. The posts shall be galvanized 2 -7/8" OD traffic posts powder coated brown, and the posts must be long enough for the bottom of the banner to be 10 -feet above the edge of the travelled lane (typical post length of 16 -feet above edge of pavement). The selected posts must be approved by the County Engineer. 2. The typical banner size is 6 -feet tall by 2.5 -feet wide, but the size may be adjusted as appropriate for the scale of the community and the specific banner locations. Any change in the banner size must be approved by the County Engineer. 3. The community shall propose a schedule for changing of the banners, and the banners shall be removed or replaced before showing signs of wear such as fading or fraying. 4. Banners shall be printed on both sides. 5. Banners shall be constructed so that wind will pass through. 6. The banners must be secured to the post at the top and bottom of the banner with banner brackets such as the Windspill Deluxe Adjustable brackets or similar. No other decorative attachments will be permitted on the posts. The banner brackets must be approved by the County Engineer. ?u,i • 4 Exhibit B CONTACT U Eagle County Engineering Department P.O. BOX 850 500 Broadway Eagle, Colorado 81631 -0179 Phone: (970) 328 -3560 Fax: (970) 328 -8789 TDD: (970) 328 -8797 www.eaglecouply.us