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State
California Regulations
TITLE 14. NATURAL RESOURCES DIVISION 5.6. STATE COASTAL CONSERVANCY

database is current through 07/28/06, Register 2006, No. 30.


Note: Authority cited: Section 31102, Public Resources Code. Reference: Chapters 1,2, and 3 of Division 21, Public Resources Code.




s 13705. Inspection of Public Records.






s 13706. Copies and Certification of Public Records.

Copies of public records may be made and certified by the Conservancy, the expense thereof to be borne by the person or party requesting the same, unless copies for public distribution are already on file.

All requests for copies of Conservancy records shall be made in writing. Such requested shall describe the records with sufficient specificity that the Conservancy may identify and locate the records. Such requests shall also be accompanied by proper payment when required under this section, except where advance payment has been waived by the Executive Officer for good cause. Copies of public records requested in accordance with the above requirements shall be sent to the requesting party within seven working days of the request. If a request, or portion of a request, cannot be satisfied within seven working days, notice to that effect shall be sent to the requesting party within that time.


Note: Authority cited: Section 31102, Public Resources Code. Reference: Sections 6253, 6256 and 6257, Government Code.




s 13712. Method of Notification.

Notice of regular meeting of the Conservancy shall be by first class mail or other reasonable means, dispatched not later than 10 days preceding the meeting and containing an agenda listing each item to be considered.


Note: Authority cited: Section 31102, Public Resources Code. Reference: Section 11125, Government Code.




s 13718. Quorum.

For all meetings of the Conservancy, a quorum shall be a majority of the total authorized membership of the Conservancy. No action shall be taken in the absence of a quorum, except that a lesser number of members may continue a meeting or a hearing from time to time until a quorum is present; provided, however, that such a continued meeting or hearing shall not substitute for the requirements of Public Resources Code, Section 31102.


Note: Authority and reference cited: Section 31102, Public Resources Code.




s 13719. Voting -Number Required to Authorize Action.

Except as otherwise required by Division 21 of the Public Resources Code or in these regulations, actions by the Conservancy shall be by affirmative vote of a majority of those members present and constituting a quorum.


Note: Authority and reference cited: Section 31102, Public Resources Code.




s 13721. Agenda.

(a) The agenda for regular meetings of the Conservancy shall be set by the executive officer at least 10 days prior to the meeting.

(b) The chairperson may direct that the order of the agenda be altered for any particular meeting, or that any particular item on the agenda be taken out of order when, in the chairperson's opinion, such change is desirable. Any such action may be rejected or modified by a vote of a majority of members present.


Note: Authority cited: Section 31102, Public Resources Code. Reference: Section 11125, Government Code.










s 13733. Executive Officer -Appointment and Term.






s 13734. Duties and Delegation of Staff.

(a) In accordance with the direction and policies of the Conservancy and pursuant to Public Resources Code Section 31103, the executive officer shall administer the affairs of the Conservancy and, subject to approval by the Conservancy, the executive officer shall, on behalf of the Conservancy and in accordance with applicable state and civil service procedures, appoint such other employees as may be necessary to carry out the functions of the Conservancy.

(b) Except as specially provided by resolution, the executive officer may delegate the performance of any of his or her functions but such delegation(s) shall not affect his or her responsibility to see that the directions and policies of the Conservancy are carried out fully and faithfully.


Note: Authority cited: Section 31102, Public Resources Code. Reference: Section 31103, Public Resources Code.




s 13735. Acting Executive Officer.










Note: Authority cited: Section 31102, Public Resources Code. Reference: Chapters 1, 2 and 3 of Division 21, Public Resources Code .








Note: Authority cited for Chapter 5 (Sections 13750-13751): Section 31102, Public Resources Code. Reference: Chapters 3, 4, 5, 6, and 8 of Division 21, Public Resources Code.









NOTE: It having been found, pursuant to Government Code Section 11409(a),
that the printing of the regulations constituting the Conflict of Interest Code
is impractical and these regulations being of limited and particular
application, these regulations are not published in full in the California Code
of Regulations. The regulations are available to the public for review or
purchase at cost at the following locations:

State Coastal Conservancy
1212 Broadway, Room 514

Oakland, California 94612

Fair Political Practices Commission

1100 K Street

Sacramento, California 95814

Archives

Secretary of State

1020 O Street

Sacramento, California 95814




The Conflict of Interest Code is designated as Chapter 6, Division 5.6 of
Title 14 of the California Code of Regulations, and consists of sections
numbered and titled as follows:

Chapter 6. State Coastal Conservancy -Conflict of Interest Code

13800. General Provisions

Appendix


Note: Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300 et seq., Government Code.




s 13850. Authority.

This chapter is adopted pursuant to Section 31125.6(c) of the Public Resources Code (enacted as Section 8 of the Nearshore Gill and Trammel Net Fishery Mitigation Act, Chapter 910, Statutes of 1986, hereinafter called the "Act") in order to develop and implement, interpret and make specific the provisions contained in Sections 3.5, 5 through 10, 13, and 14 of the Act, and Sections 7 through 10 of Chapter 1298 of the Statutes of 1987, amending the Act, regarding the establishment and operation of a low-interest loan program to finance the development and operation of alternative fishing gear for use in nearshore waters within the coastal zone north of Point Conception where restrictions on the use of gill and trammel nets exist pursuant to Section 4 of the Act, and Section 3 of Chapter 1298 of the Statutes of 1987.


Note: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664.12(a) and (b), Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.




s 13851. Purpose.

Through the Act, and further through Section 3 of Chapter 1298 of the Statutes of 1987, the Legislature placed severe restrictions on the use of gill and trammel nets in nearshore waters of the Coastal Zone north of Point Conception in order to provide protections for marine bird and mammal populations. These restrictions will have an adverse economic impact on commercial fishing operators which previously utilized gill and trammel nets in the affected areas. In order to provide for commercial fishing in the restricted areas, the Act establishes a program for the development of alternative fishing gear, including an experimental gear permitting program and a monitoring and study program to be carried out by the California Department of Fish and Game. Additionally, the Act directs the State Coastal Conservancy to develop and implement a low-interest loan program to enable commercial fishing operators to acquire experimental equipment which will reduce impacts on non-target species when used in the restricted areas.

The restrictions on the use of gill and trammel nets became effective immediately under the Act. The additional restrictions of Section 3 of Chapter 1298, Statutes of 1987 also became effective immediately. In order to reduce the adverse economic impacts to commercial fishing operators financing the acquisition of alternative fishing gear before the 1988 fishing season, it is necessary that this chapter, as amended, take effect immediately. Section 8 of the Act (Public Resources Code Section 31125.6(c)) directs the Conservancy to adopt emergency regulations for the loan program and provides that the regulations become effective upon adoption.

The purpose of this chapter is to ensure the consistent and fair processing and approvals of loans made by the Conservancy, with appropriate input from other state agencies, affected parties and interested members of the public. These regulations delegate to the Executive Officer approval of loans, and specify parameters, criteria and procedures to be followed by the Conservancy in evaluating, approving, rejecting, and terminating loans. The Conservancy will be assisted in establishing and operating the loan program by the Department of Fish and Game, the Department of Commerce, active commercial fishing operators and representatives of the commercial fishing industry.


Note: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664.12(a) and (b), Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code; Ch. 910, Stats. 1986, Section 2; and Ch. 1298, Stats. of 1987, Section 11.




s 13852. Emergency; Effective Date.

This chapter is being adopted and amended as an emergency regulation in accordance with the mandate of Section 8 of the Act (Public Resources Code Section 31125.6(c)) and pursuant to findings made by the Conservancy on May 22, 1987, and March 18, 1988.

Pursuant to Section 8 of the Act (Public Resources Code Section 31125.6(c)) and in accordance with Government Code Section 11346.2(a), these regulations shall be effective upon adoption by the Conservancy.


Note: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664.12 (a) and (b), Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code; and Ch. 1298, Stats. of 1987, Section 15.




s 13860. Definitions.

The following definitions apply to the terms used in this Chapter:

Act - means the Nearshore Gill and Trammel Net Fishery Mitigation Act (Chapter 910, Statutes of 1986) as amended by Sections 8 through 10 of Chapter 1298 of the Statutes of 1987;

Department - means the California Department of Fish and Game (CDFG);

Director - means the Director, California Department of Fish and Game;

Conservancy - means the State Coastal Conservancy;

Executive

Officer - means the Executive Officer of the Conservancy;

Restrictions - means the restrictions placed on the use of gill and trammel nets in certain coastal waters of the State of California as set forth in Section 4 of the Act (Fish and Game Code Section 8664.5(a), (b) and (c)), and in Section 3 of Chapter 1298 of the Statutes of 1987 (Fish and Game Code Section 8664.8);

Restricted

Areas - means subject to the Restrictions;

Loan

Program - means the loan program described herein pursuant to Sections 3.5, 6 and 7 of the Act (Fish and Game Code Section 3613(d), 8614(b) and (c), 8615; Public Resources Code Sections 31125 and 31125.5) as amended by Section 7 of Chapter 1298 of the Statutes of 1987 (Fish and Game Code Section 8664.12);

Permittee - means a commercial fishing operator issued an experimental gear permit by the California Department of Fish and Game, pursuant to Sections 3 and 3.5 of the Act (Fish and Game Code Sections 8612, 8613 and 8614) or pursuant to Section 4 of Chapter 1298 of the Statutes of 1987 (Fish and Game Code Section 8664.9);

Permit - means an experimental gear permit issued by the California Department of Fish and Game pursuant to Sections 3 and 3.5 of the Act (Fish and Game Code Sections 8612, 8613 and 8614) or pursuant to Section 4 of Chapter 1298 of the Statutes of 1987 (Fish and Game Code Section 8664.9).


Note: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code, Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664.12 (a) and (b), Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.




s 13861. Coordination and Consultation.

The Conservancy, with the participation of representatives of the Department and the Department of Commerce, shall meet with representatives of commercial fishing organizations selected by the Director that have been affected by the restrictions to explain permit requirements, loan application procedures, employment training opportunities, and any other requirements and available funding sources that may be necessary to carry out the Loan Program.

If a Permittee seeks a loan, the Department shall forward the application to the Conservancy once the Permit is issued by the Department. The Conservancy shall review the application consistent with the eligibility criteria, loan limits, rates and terms, and procedures described in these regulations.


Note: Authority cited: Public Resources Code, Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.




s 13862. Eligibility Criteria.

(a) Loan applications submitted to the Conservancy shall be accompanied by either:

(1) Proof of a Permit approved by the Fish and Game Commission and issued to the loan applicant by CDFG pursuant to Sections 3 and 3.5 of the Act; or

(2) Proof of a Permit issued by CDFG with the advice of the Nearshore Research Advisory Committee pursuant to Section 4 of Chapter 1298 of the Statutes of 1987.

(b) Loan applications submitted to the Conservancy shall be accompanied by proof of fish landings of target species by the loan applicant from Restricted areas. Such proof shall be in the form of landing receipts issued to applicant under Section 8011 of the Fish and Game Code.

(c) For loan applications for funds allocated under Public Resources Code Section 31125(b)(2) for experimental gear used in portions of District 18 where restrictions on gill and trammel nets exist under Fish and Game Code Section 8664.5, such applications shall be accompanied by proof of issuance of a Permit for use within the area north of the line due west of Point Sal in Santa Barbara County and proof of landings of halibut taken in an area between a line due west of Point Sal in Santa Barbara County and a line due west of Point Sur in Monterey County between January 1, 1981 and June 1, 1986. Such proof shall be in the form of landing receipts issued to applicant under Section 8011 of the Fish and Game Code.

(d) All loan applications submitted with a permit issued pursuant to Section 4 of Chapter 1298 of the Statutes of 1987 must also be accompanied by the following:

(1) Proof that the Permittee possessed a special permit which was issued pursuant to Fish and Game Code Section 8610 as it read before the enactment of Chapter 1245 of the Statutes of 1986 on September 26, 1986; and

(2) Proof of either of the following:

(A) That prior to September 28, 1987 the Permittee filed an appeal of a denial of a special permit pursuant to former Section 8610 as it read prior to its repeal; or

(B) That the Permittee's special permit is impacted by the restrictions on fishing imposed by Section 3 of Chapter 1298 of the Statutes of 1987, which proof can be provided in either of the following two forms:

1. Landing receipts issued to the Permittee pursuant to Section 8011 of the Fish and Game Code which verify that the Permittee caught and landed at least 500 pounds of halibut, 1000 pounds of white croaker, 500 pounds of shark, 500 pounds of starry flounder or 2000 pounds of any combination of the above species in Districts 10 and 17 during the 1986-87 or 1987-88 permit year; or

2. Evidence that prior to September 28, 1987 the Permittee filed with the Fish and Game Commission an appeal of a denial of a special permit, pursuant to former Fish and Game Code Section 8610 as it read prior to its repeal, and that such appeal was upheld by the Commission.

(e) The credit worthiness of the applicant shall be considered in determining the eligibility of a loan applicant. The determination of credit worthiness shall be in the sole discretion of the Conservancy which shall utilize standard lending practices in investigating and in determining credit worthiness.


Note: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c), 8615 and 8664.9, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.




s 13863. Loan Limits, Rates and Terms.

(a) The total amount of funds which will be loaned under the Loan Program will not exceed $450,000.00.

(b) Out of that part of the $450,000 that remains unencumbered on April 1, 1988 no more than $100,000 in funds shall be allocated to the Loan Program.

(c) Until January 1, 1989, priority will be given to applicants with a Permit issued pursuant to Sections 3 and 3.5 of the Act. After January 1, 1989 no preference will be given to any applicant on the basis of Permits issued pursuant to Section 3 and 3.5 of the Act or Permits issued pursuant to Section 4 of Chapter 1298 of the Statutes of 1987.

(d) No new loans shall be executed under the Loan Program on or after January 1, 1990.

(e) Loan terms shall be established within the following parameters:

(1) The annual interest on the loan shall not exceed six (6) percent per annum, compounded annually.

(2) The term of the loan shall not exceed the useful life of the equipment to be purchased or used, but in no case shall the term exceed seven (7) years.

(3) No loan applicant shall receive a loan in excess of $50,000 without specific approval of the Board of the Conservancy.

(f) Subject to the parameters set forth in the immediately preceding subsection, the Conservancy shall determine the annual interest rate, loan term, period between payments, payment schedule, security and other loan terms for each loan. The criteria for determining loan terms shall be:

(1) The credit worthiness of the applicant;

(2) The public benefits to be gained from the implementation of an experimental fishing gear permit;

(3) The economic risks to the loan applicant; and

(4) The amount of new information the operation of the gear will provide to the management of the fishery and the protection of other marine resources.


Note: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code; and Ch. 1298, Stats. 1987, Section 13.




s 13864. Applications and Disbursements.

The Conservancy shall review the loan application and accompanying materials and notify the applicant that the Conservancy is reviewing the alternative fishing gear loan request. The notification shall include the terms of the proposed loan. The Conservancy shall negotiate the final terms and conditions of the loan with the applicant.

Upon approval of the loan by the Conservancy, and upon the submittal by the applicant of adequate documentation of equipment availability and cost, the Conservancy shall authorize the disbursement of loan proceeds to the applicant.


Note: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.




s 13865. Terminations and Buyback.

(a) Revocation of permits. If a Permit is revoked by the Department and the Permittee has an outstanding loan with the Conservancy, the unpaid balance of the loan shall be excused from the date of revocation if the Permittee returns the experimental fishing gear financed in whole or in part with the loan to the Department, in which case the Department shall take possession of the experimental fishing gear for the Conservancy.

Notwithstanding the above, if at the time of revocation the Legislature has approved the permanent use of the type of gear, the Permittee shall be responsible for any remaining balance on any outstanding loan with the Conservancy.

(b) Voluntary Termination Within Six Months. Pursuant to Section 3.5 of the Act (Fish and Game Code Section 8615(a)), within the first six months of operation pursuant to a Permit and after a reasonable and concerted effort to utilize a new type of commercial fishing gear, the Permittee may request that the Permit be terminated if it is economically infeasible to harvest the target species or if the experimental gear is impractical, inefficient, or ineffective within the fishery or regional area selected.

If the Department terminates the Permit and submits its findings to the Conservancy, the Conservancy may terminate the Permittee's loan. If the Department terminates the Permit under Fish and Game Code Section 8615(a)(2), and if the Permittee returns the experimental fishing gear financed in whole or in part with the loan to the Department, the Conservancy shall reimburse the Permittee from the loan fund for the principal amount of the loan payments made by the Permittee. If the Department terminates the Permit under Fish and Game Code Section 8615(a)(3), and if the Permittee returns the experimental fishing gear financed in whole or in part with the loan to the Department, Conservancy may reimburse the Permittee for any loan payments made.

(c) Voluntary Termination After Six Months. If the Department terminates the experimental gear permit after six (6) months or more of operation, the Conservancy may terminate the remaining balance on the loan if the Permittee returns the experimental fishing gear to the Department, but it shall not reimburse the Permittee for any loan payments made.


Note: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.




s 13866. Disposition of Funds.

Funds returned to the Conservancy under the Loan Program, whether from loan payments, proceeds of sale of experimental fishing gear or otherwise, shall be returned to the State Coastal Conservancy Fund for appropriation and expenditure for the purposes of Division 21 of the Public Resources Code.


Note: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31011, 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.




s 13867. Repeal of Regulations.

These regulations are automatically repealed as of January 1, 1990.


Note: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.




s 13868. Exercise of Authority.

Except as expressly set forth herein, all actions, approvals and authority by and of the Conservancy under these regulations shall be taken, given and exercised by the Executive Officer of the Conservancy pursuant to delegations of authority by the Board of the Conservancy on May 22, 1987 and March 18, 1988.


Note: Authority cited: Sections 31102 and 31125.6(c), Public Resources Code. Reference: Sections 8612(b), 8613(d), 8614(b) and (c) and 8615, Fish and Game Code; Section 15335.1(b), Government Code; and Sections 31125, 31125.5, 31125.6, 31126 and 31127, Public Resources Code.



s 13870. Definitions.

As used in these regulations:

(a) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, engineering, environmental services, land surveying, or construction-project management.

(b) "Executive Officer" means the Executive Officer of the California State Coastal Conservancy or his or her designee, as the person authorized to contract for architectural, landscape architectural, engineering, environmental, land surveying and construction-project management services on behalf of the State Coastal Conservancy.

(c) "Architectural, landscape architectural, engineering, and land surveying services," "construction-project management" and "environmental services" have the respective meanings set forth in section 4525 of the Government Code.

(d) "Contractor" means a person, regardless of race, color, sex, ethnic origin or ancestry, or any firm, partnership, corporation, or combination thereof, whether or not a minority or women business enterprise, that offers to perform or enters into a contract to provide architectural, landscape architectural, engineering, environmental, land surveying, or construction-project management services, on behalf of the State of California.

(e) The terms "disabled veteran" and "disabled veteran business enterprise (DVBE) shall have the respective meanings set forth in sections 999(f) and (g) of the Military and Veterans Code. The terms "minority," "minority business enterprise" (MBE), "woman business enterprise" (WBE), and goal" shall have the respective meanings set forth in section 10115.1 of the Public Contract Code.

(f) "M/WBE" means minority business enterprise and/or women business enterprise.

(g) "Small Business Firm" has the meaning set forth in section 14837(c) of the Government Code.

(h) "Good faith effort" means that a contractor has taken all of the steps listed below:

(1) Made contact with the Conservancy to identify D/VBEs.

(2) Made contact with other state and federal agencies, and with local D/VBE organizations to identify D/VBEs and M/WBEs.

(3) Advertised in trade papers and papers focusing on D/VBEs unless the Conservancy's time limits do not allow.

(4) Submitted to D/VBEs invitations to bid or other offers to contract.

(5) Considered available D/VBEs.


Note: Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Section 10115.3(b), Public Contract Code. Reference: Sections 4525 and 14837(c), Government Code. Sections 10115, 10115.1 and 10115.2, Public Contract Code.



s 13875. Publication of Announcement.

(a) The Executive Officer shall annually publish an announcement of expected needs for services of an architectural, landscape architectural, engineering, land surveying, environmental or construction-project management nature. The announcement shall be made in a statewide publication of the respective professional societies and in the State Contracts Register.

(b) The announcement shall contain the following information:

The contract identification number, a description of the work to be performed; all submission deadlines for statements of qualification and other required steps in the contract process, including the location and estimated duration of the contract, where appropriate; any eligibility requirements and preferences; a statement that the contract will be awarded without discrimination based on race, color, religion, sex or national origin; and the department, name, and telephone number of the person or persons to contact for further submittal information.


Note: Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Reference: Sections 4526, 4527, 14827 and 14827.2, Government Code.



s 13876. Selection Criteria.

The Executive Officer shall select contractors based on the following criteria:

(1) demonstrated competence, including the firm's past experience with similar projects; the education and experience of key personnel, including principals to be assigned and the proposed level of their participation; the firm's capability to adequately analyze the project; the firm's ability to meet the project schedule; the longevity of the firm and amount of staff turnover; and the nature and quality of the firm's past completed work.

(2) specialized qualifications for the services to be performed;

(3) small business status of the contractor submitting a statement of qualification;

(4) D/VBEs status of a contractor submitting a statement of qualification; and

(5) the good faith effort of the contractor to subcontract with D/VBEs to assist the Conservancy in its efforts to meet statewide participation goals for D/VBEs as set forth in Public Contract Code section 10115. These factors shall be weighed by the Executive Officer according to the nature of the project, the needs of the Conservancy, and the complexity and special requirements of the specific project.


Note: Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Section 10115.3(b), Public Contract Code. Reference: Sections 4526 and 4527, Government Code. Section 10115.2, Public Contract Code.



s 13877. Selection of Architectural, Landscape Architectural Engineering, Environmental, Land Surveying and Construction-Project Management Firms.

For each proposed project, the Executive Officer shall evaluate statements of qualifications and performance data on file with the Conservancy, together with those statements that may be submitted by other firms regarding a proposed project. The Executive Officer shall then request any other necessary information from, and conduct discussions with, no fewer than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. To the maximum extent feasible consistent with the criteria established under section 13876, small businesses and D/VBEs that have submitted statements of qualification to the Conservancy shall be included among the firms with which these discussions are conducted. From the firms with which discussions are held, the Executive Officer shall select no fewer than three, in order of preference, based upon the criteria established in section 13876, determined to be the most highly qualified to provide the services required.


Note: Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.



s 13878. Negotiation of Contracts.

The Executive Officer shall attempt to negotiate a contract with the best qualified firm at compensation which the Executive Officer determines is fair and reasonable to the State of California. If the Executive Officer is unable to do so, negotiation with that firm shall be terminated. The Executive Officer shall then proceed in the same fashion with the other firms on the list established by the Executive Officer pursuant to section 13877, in order of ranking. If the Executive Officer is unable to negotiate a satisfactory contract with any of the selected firms, the Executive Officer may select additional firms in the manner prescribed above and continue the negotiation process.


Note: Authority cited: Section 31102, Public Resources Code, Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code.



s 13879. Emergency.


Note: Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Reference: Section 4526, Government Code.



s 13880. Small Business Participation

The Executive Officer shall provide to small business firms that have indicated an interest copies of announcements for projects. Failure of the Executive Officer to send a copy of an announcement to any firm shall not invalidate any contract.


Note: Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code.



s 13881. Unlawful Activities and Conflict of Interest.

Practices which might result in unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration are prohibited. Additionally, a Conservancy employee shall not participate in the selection process if the employee has a relationship of a type specified in section 87100 of the Government Code, with a person or business entity seeking a contract subject to this chapter.


Note: Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Reference: Section 4526 and 4528, Government Code.



s 13882. Unlawful Activities and Conflict of Interest


Note: Authority cited: Section 31102, Public Resources Code.Section 4526, Government Code. Section 87100, Government Code. Reference: Section 4526, Government Code.




s 13890. Disabled Veteran and Minority and Women Business Enterprise Goals.

Contracts awarded under this chapter shall have statewide participation goals of not less than three (3) percent for DVBEs as specified in Public Contract Code section 10115.


Note: Authority cited: Section 31102, Public Resources Code. Section 10115.3(b), Public Contract Code. Section 4526, Government Code. Reference: Section 10115, Public Contract Code.




s 13891. Certification.

If a contractor proposes to utilize a D/VBE, the contractor shall execute the following certification: "I hereby certify that, to the best of my knowledge and belief, each firm listed as a DVBE meets the relevant definition set forth in section 999(g) of the Military and Veterans Code and has been certified as such by the Office of Small Business Certification and Resources." M/WBE meets the relevant definition set forth in Public Contract Code section 10115.1."


Note: Authority cited: Section 31102, Public Resources Code. Section 10115.3(b), Public Contract Code. Section 4526, Government Code. Reference: Sections 10115, 10115.1, 10115.2, Public Contract Code. Section 4527, Government Code.




s 13892. Contract Audits.

All contacts awarded by the Conservancy in accord with this chapter shall include a provision which in substance provides the following:

The Conservancy or its delegatee may review, obtain, and copy all records pertaining to performance of the contract. The contractor shall provide the Conservancy or its delegatee with any relevant information requested and shall permit the Conservancy or its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with Public Contract Code section 10115 et seq., and title 14, California Code of Regulations, section 13870, et seq. The contractor shall maintain these records for a period of three years after final payment under the contract.


Note: Authority cited: Section 31102, Public Resources Code. Section 10115.3(b), Public Contract Code. Section 4526, Government Code. Reference: Sections 10115 and 10115.3(a), Public Contract Code. Sections 4526 and 10532, Government Code.




s 13893. Adjudicatory and Investigatory Procedures.

Nothing in these regulations shall be construed to impair the right of the State of California in any respect to initiate adjudicatory or investigatory procedures available under existing provisions of law or otherwise lawfully available for the purpose of ensuring compliance with the requirements of Public Contract Code section 10115, et seq., and attendant rules and regulations.


Note: Authority cited: Section 31102, Public Resources Code. Section 10115.3(b), Public Contract Code. Section 4526, Government Code. Reference: Sections 10115 and 10115.3(a), Public Contract Code. Section 4526, Government Code.




s 13894. Exemption for Certain Contracts.


Note: Authority cited: Section 31102, Public Resources Code. Section 10115.3(b), Public Contract Code. Section 4526, Government Code. Reference: Sections 10115 and 10115.2(c), Public Contract Code. Section 4526, Government Code.



s 13895. Exemption for Certain Contracts.


Note: Authority cited: Section 31102, Public Resources Code. Sections 10115.2(c), 10115.3(b), Public Contract Code. Section 4526, Government Code. Reference: Sections 10115, 10115.2, Public Contract Code. Section 4527, Government Code.