1. (a) When the department determines that it would be in the best interest of the state and the traveling public, it shall consider unsolicited formal proposals, publish a request for formal proposals, or both, to place, install, construct, use, operate and maintain agricultural displays in safety roadside rest areas.

2. (b) The notice for formal written proposals shall be published in at least one (1) newspaper of general circulation in the state. the department shall also notify individuals or groups who may have an interest or who have expressed interest in conducting any of these activities. Unless otherwise provided in the notice for a request for proposal, all proposals shall be sent to:

   CALIFORNIA DEPARTMENT OF TRANSPORTATION

   DIVISION OF RIGHT OF WAY

   BOX 942874

   SACRAMENTO, CA 94274-0001

3. (c) The notice may include specific minimum requirements for proposed facilities to be placed, installed or constructed, as well as terms and conditions as to use, operation and maintenance. The notice may also request the interested person or organization to submit a proposal using its plans, designs and specifications and manner of operation, use and maintenance. Proposals determined by the department to meet the best interests of the state and the traveler, shall be accepted for further consideration. Acceptance for further consideration or rejection of a proposal by the department shall be final. Unless otherwise provided in the notice, the department's determination shall be forwarded to the applicant not later than sixty (60) days after receipt of the proposal.
4. (d) Once a formal written proposal is accepted for further consideration by the department, the applicant shall be requested to supplement and provide further specific information. Once a proposal is approved in concept by the department, terms and conditions shall be set forth in a written agreement.
5. (e) The applicant whose proposal is approved may enter upon the safety roadside rest area only as provided in the written agreement.
6. (f) Where feasible and in the best interest of the department, an agreement may be entered into which includes the terms and conditions of use.

7. (g) The agreement shall provide for its revocation for any violation of the agreement provisions or these regulations. Upon revocation, unless otherwise provided in the agreement, the person or company shall be given thirty (30) days to remove, at his/its sole cost and expense, any and all facilities or equipment, installed, placed or constructed under the agreement.

   Failure to do so shall result in the removal of any and all equipment or facilities by the department for storage on behalf of the person or company for up to thirty (30) days. The cost of removal and storage shall be borne by said person or company. Failure to claim the confiscated items within the thirty (30) day period shall result in either their destruction or sale. Proceeds from any sale less the total moneys owed the department for its costs and expenses shall be returned to the person or company. If a deficiency results, the department shall have an action to recover its deficiency, including the costs, attorneys' fees, and expenses of suit.

8. (h) Agricultural displays and examples of California agriculture may be allowed at safety roadside rest areas and vista points as determined by the department.

Note: Authority cited: Sections 225 and 225.5, Streets and Highways Code. Reference: Sections 220, 220.5 and 225.5, Streets and Highways Code.

History

1. Repealer of article 5 (section 2208) and section, and renumbering and amendment of former section 2211 to section 2208 filed 3-7-95; operative 4-6-95 (Register 95, No. 10).