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