5501:2-8-03 Program manager.

(A) Pursuant to division (B) of section 4511.103 of the Revised Code, the methodology for selecting the program manager shall be based on criteria established by the director through an open request for proposal process. In awarding the contract, the director shall consider the skill, expertise, prior experience and other qualifications of each applicant. Any such contract executed shall be for a seven year term renewable for up to two additional seven year terms.

(B) The program manager shall function as a fully independent contractor for the director in implementing the tourist oriented directional signing program. The program manager shall be responsible for:

(1) Marketing the program to eligible attractions,

(2) Determining the eligibility of each interested tourist oriented activity to participate in the program in accordance with rule 5501:2-8-05 of the Administrative Code,

(3) Collecting all fees associated with the program from the participating eligible attractions,

(4) Paying all expenses for the program,

(5) Contacting the Ohio utilities protection service, all utility companies, and the department for possible conflicts, and

(6) Developing, subject to the approval of the director, all forms, applications, agreements and other documents necessary for carrying out the tourist oriented directional signing program. The right-of-way permit is excluded from this provision as it is an existing document utilized by the department.

(C) The program manager shall execute advertising agreements with participating eligible attractions to establish fees and any other obligations between the parties as deemed appropriate and pursuant to rule 5501:2-8-08 of the Administrative Code.

(1) The form and content of the advertising agreement shall be approved by the director prior to use.

(2) Any modification to or special clauses in the advertising agreement shall have the approval of the director prior to use.

(D) The program manager shall have the right to earn a reasonable profit as a result of carrying out the provisions of the tourist oriented directional signing program.

(E) All actions taken by the program manager are subject to the approval of the director and pursuant to rule 5501:2-8-08 of the Administrative Code.

(F) There are many existing departmental installed signs for attractions that may be eligible for tourist oriented directional signs. As long as these signs are still in a serviceable condition, they are to remain in place, except as provided herein. Prior to marketing the program at a particular intersection, the program manager and the district deputy director or his designee will determine which existing departmental installed signs will continue to be maintained by the department. The program manager will have no further responsibility for such signs. The program manager may market the tourist oriented directional signing program to tourist oriented activities for which department installed signs are currently in place. If the activity is an eligible attraction for which tourist oriented directional signs will be erected, then these existing departmental installed signs shall be removed by the program manager within five working days after the tourist oriented directional signs are erected. Once the remaining existing departmental installed signs reach the end of their service life, the program manager shall determine if the activity(ies) for which the signs are erected are eligible for tourist oriented directional signs, or if the signs should be removed by the program manager.

If the activity is eligible for tourist oriented directional signs, the program manager shall, within thirty calendar days of the determination that the existing signs are no longer in a serviceable condition, notify the eligible attraction in writing that the existing signs will be removed and that they may participate in the tourist oriented directional signing program. If the eligible attraction chooses to participate in the tourist oriented directional signing program, the existing departmental signs shall not be removed until the tourist oriented directional signs are in place. In no case shall both signs be in place concurrently for more than five working days. Failure by an eligible attraction to respond within thirty days shall be considered as notification not to participate in the program. If the eligible attraction chooses not to participate in the tourist oriented directional signing program, the existing departmental signs shall be removed by the program manager within thirty days of such notification.

If the activity for which existing departmental installed signs are in place would be eligible for the tourist oriented directional signing program, but tourist oriented directional signs cannot be erected due to other reasons contained in rule 5501:2-8-01 to 5501:2-8-10 of the Administrative Code, then the existing departmental installed signs shall be removed by the program manager at the end of their service life.

If the activity for which existing departmental signs are in place, is not an eligible attraction, and the signs will not be maintained by the department, the existing departmental signs shall be removed by the program manager at the end of their service life. Thirty calendar days prior to removing the signs, the program manager shall, notify, in writing, the affected activity and the district deputy director or his designee of the impending sign removal(s).

(G) At three year intervals, the program manager shall verify that each eligible attraction for which tourist oriented directional signs are installed, remains in compliance with all appropriate rules, regulations, agreements, laws, and any other tourist oriented directional sign requirements and shall furnish written certification of this fact to the director.

R.C. 119.032 review dates: 08/09/2007 and 08/09/2012

Promulgated Under: 119.03

Statutory Authority: 4511.103

Rule Amplifies: 4511.102, 4511.103, 4511.104, 4511.105, 4511.106, 4511.107

Prior Effective Dates: 5/29/95, 11/24/97