Reso 2019-175 - Laserfiche WebLink

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2. Conditions of Use. PCC may utilize the public right-of-way on Hester Street to operate an RRFB system subject to the following conditions: (a) The RRFB system to be operated by PCC must at all times comply with the current U.S. Department of Transportation, Federal Highway Administration's Manual on Uniform Traffic Control Devices. If the standards change such that the RRFB system no longer complies with the current standards, the system shall either be upgraded for conformance or removed in its entirety by PCC, to the absolute and unconditioned satisfaction of the City. (b) PCC must comply with all applicable laws, regulations, rules, and permits pertaining to the installation, maintenance, and operation of the RRFB system including but not limited to the California Vehicle Code, the Occupational Health & Safety Act, and all applicable environmental laws, health and safety laws and regulations, whether federal, state or local. PCC hereby acknowledges that the RRFB system is available for use by members of the public who have no affiliation with PCC, and that the system may be damaged or vandalized by the public, may become damaged or inoperable through normal wear -and -tear or by malicious act. The City has no ability or obligation to deter this behavior beyond the services normally offered by its Police Department. (c) PCC shall be liable for any damage to Hester Street or other adjacent property owned or operated by the City as public right-of-way that occurs as a result of this Agreement and operation of the RRFB system. The City, or its employees, have no obligation to inspect, maintain, operate, or remove the RRFB system for any reason. 3. Term. The license granted in this Agreement will commence on the Effective Date and shall remain in full force and effect until terminated by the Parties (the "Term"). City may terminate this Agreement by written notice to PCC following PCC's breach of its obligations under this Agreement, but only if PCC has failed to cure such breach within fifteen (15) days of written notice from City, or such other reasonable time as determined by the City. PCC's indemnity obligations set forth in this Agreement survive termination of this Agreement for any reason. 4. Insurance. Before fully executing this Agreement, PCC, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by PCC and its agents, representatives, employees, contractors, and their subcontractors. Consistent with the following provisions, PCC shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. PCC shall maintain the insurance policies required by this section throughout the term of this Agreement. PCC shall not allow any contractor, or any subcontractor to PCC's contractor, or other entity to commence work on Hester Street until PCC has imposed upon its contractor and provided evidence satisfactory to the 2