California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 20 - Permissible Activity and Use of Safety Roadside Rest Areas and Vista Points in and Along California State Highways › Article 4 - Procedures to Follow in Obtaining an Agreement or Permit for Permissible Activities › Section 2209 - Traveler Information Centers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department has constructed buildings and kiosks and may construct others at
				  safety roadside rest areas and vista points for the express purpose of
				  providing a facility upon which to display traveler information. Displays are
				  placed in or on these structures to provide public information about local and
				  state points of interest, local communities and community service facilities,
				  statewide identification of state highways, location of recreation areas and
				  the location of other safety roadside rest areas and vista points. Permissible
				  commercial information to be displayed in safety roadside rest areas may
				  include the identification and location of service stations, recreational
				  facilities, food, lodging and camping services and other traveler
				  service-related facilities.
(b)
				  Public information displays are department-owned displays and are placed upon
				  the kiosk or other structure as determined by the department to be in the best
				  interest of the traveler.
(c)
				  Commercial displays may be placed upon a structure or kiosk by the department
				  only after the department has agreed thereto, pursuant to the procedures and
				  conditions established below:
(1) When
				  determined by the department to be in the best interest of the traveler, it
				  shall consider both solicited and unsolicited written proposals, or publish a
				  request for written proposals or both so as to consider whether and which
				  commercial displays shall be allowed to be placed upon a kiosk or other
				  structure at any safety roadside rest area.
The proposal shall be the application. If accepted, the
					 proposal shall be the basis for preparation of an agreement. Agreements shall
					 be denied or granted, based solely upon the criteria set forth in this
					 section.
Notification of denial or approval of a proposal shall be
					 sent to the applicant not later than sixty (60) days after receipt of the
					 proposal by the department. If denied, the reasons therefor may be
					 stated.
(2) The agreement
				  shall provide for exhibit of the person's or company's display for an agreed
				  period of time and thereafter until canceled by thirty (30) days' advance
				  written notice by either party. However, the department may cancel the
				  agreement at any time upon ten (10) days' written notice, upon a determination
				  that the person or company, or the display violates any provision of law, these
				  regulations or the exhibit agreement. Such cancellation and removal shall be at
				  the sole cost and expense of the person or company.
(3) The exhibit fee is $50.00 per month per
				  display based on a one- (1) year agreement. The fee shall be prorated from the
				  date of installation, payable in advance in equal monthly installments due on
				  the first day of each month beginning with the month following the month the
				  display was installed or on such other basis as the department may
				  establish.
(4) Failure to make
				  payment as provided in the agreement or other default in the performance of any
				  of the terms and conditions of the agreement, shall, at the department's
				  option, be deemed a breach of the agreement. Upon such failure or default and
				  ten (10) days' written notice by the department to the person or company of
				  such failure or default, the full amount remaining to be paid shall immediately
				  become due and payable. Such notice shall be deemed given when the department
				  shall have deposited a notice to the person or company in the United States
				  mail, with postage prepaid. If the person or company fails to make payment in
				  full or continues in breach of any provision of the agreement, the department
				  may remove the display and relet the exhibit space. The person or company shall
				  be obligated to pay any and all amounts due and owing for the remaining term of
				  the agreement or until the display space has been relet, whichever occurs
				  first.
(5) Display copy is to be
				  reverse silk screen on the back side of a 28" x 28" x 1/8" sheet of LEXAN, or
				  on comparable material agreed on between the parties.
The person or company shall arrange for the production of
					 the display at his/her/its sole cost and expense. Prior to production, the
					 format and content of the display must be approved in writing by the department
					 and the display shall not subsequently be changed or altered unless the
					 department has given its prior written approval. The display shall conform to
					 all applicable laws, rules, regulations and requirements of all governmental
					 bodies having or exercising jurisdiction.
The department reserves the right to reject or refuse at
					 its sole discretion any display which is false or misleading, which may
					 misinform, or which does not qualify as traveler information under the
					 department's rules and regulations. Any display which does not conform to the
					 department's specifications, which is unsightly or which is in a bad state of
					 repair, shall not be exhibited.
(6) The person or company shall assume full
				  and complete responsibility and liability for the content of the display and
				  shall agree to save, defend, indemnify and hold the department, its officers,
				  agents and employees, harmless against any and all demands, claims, liability,
				  damages and causes of action, including attorneys' fees and all costs of any
				  legal action occasioned by or resulting from injuries or losses to any person,
				  firm or corporation, however occurring, resulting from their reliance on the
				  person's or company's display or from the form, content or representations
				  contained therein.
(7) The person
				  or company shall deliver the display, at his/its sole cost and expense to the
				  designated department office within the district where the safety roadside rest
				  area is located, or to such other location as specified by the department,
				  within sixty (60) days after notification that the agreement has been approved.
				  Upon failure to do so, the department may cancel the agreement, in which case
				  the person or company shall have no further rights thereunder.
(8) Installation and removal of the display
				  upon any kiosk or structure within the safety roadside rest area shall be
				  solely the responsibility of the department. Under no circumstances shall the
				  person or company install, place, replace, repair, alter or remove the
				  display.
(9) Any delay in the
				  placement of a display or interruption of the display time caused by the
				  department shall not be a breach of the agreement, unless its actions are
				  unreasonable or are an abuse of discretion. In its discretion, the department
				  may extend the term of the agreement or provide a pro rata credit equal to the
				  period of delay or interruption.
Such extension or credit shall be the only damages
					 recoverable.
(10) Should it
				  be necessary or in the best interests of the department to repair, alter,
				  reconstruct, temporarily close, or remove the kiosk, the display structure or
				  any other portion of the safety roadside rest area improvements or to cancel
				  the agreement, the display may be removed and returned. The person or company
				  shall have no claim for damages to either himself/herself/itself, the business,
				  or the display by reasons of such removal, disruption, discontinuance or
				  termination, except that any fee to be paid under the terms of the agreement
				  shall be prorated accordingly.
(11)
				  The department shall not be responsible for and the person or company shall, at
				  his/her/its sole cost and expense, restore, repair or replace any display which
				  is lost, stolen, defaced, damaged or destroyed through no fault of the
				  department or which is found by the department to be in a deteriorated or faded
				  condition, regardless of the cause. In this event, the term of the agreement
				  will be extended for a period coextensive with the nondisplay time. If the
				  person or company fails to provide an acceptable replacement display within
				  sixty (60) days of the department's written request to do so, the department
				  may cancel the agreement.
(12) All
				  proposals, completed forms and payments shall be mailed to:
CALIFORNIA DEPARTMENT OF TRANSPORTATION
DIVISION OF RIGHT OF WAY
P. O. BOX 942874
SACRAMENTO, CA 94274-0001
or such other location as may be provided in the agreement
					 by the department.