Section 2209 - Traveler Information Centers(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.
Cal. Code Regs. Tit. 21, § 2209
1. Renumbering of former article 6 (sections 2209-2213) to article 4, renumbering and amendment of former section 2209 to section 2206, including amendment of NOTE, and renumbering and amendment of former section 2212 to 2209 filed 3-7-95; operative 4-6-95 (Register 95, No. 10). Note: Authority cited: Section 225, Streets and Highways Code. Reference: Sections 218, 220 and 223, Streets and Highways Code.
1. Renumbering of former article 6 (sections 2209-2213) to article 4, renumbering and amendment of former section 2209 to section 2206, including amendment of Note, and renumbering and amendment of former section 2212 to 2209 filed 3-7-95; operative 4-6-95 (Register 95, No. 10).