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LAW OFFICES DAVID E. SCHRICKER P <br /> PROFESS113NAL CORPORATION <br /> 702 MARSHALL STREET, SUITE SA R 4 1140 N '83 <br /> REDWOOD CITY, CALIFORNIA 94063 <br /> DAVID E. SCHRICKER OUBUN N RAMON <br /> CLARK O. MALONEY TELEPHONE 363-1173 <br /> SUSAN W. CASE -SERp V-CES DISTRICT AREA CODE 41S <br /> March 31, 1983 <br /> Chief Philip A. Phillips <br /> Dublin San Ramon Services District <br /> 7051 Dublin Boulevard <br /> Dublin, California 94568 <br /> RE: INTER-AGENCY AGREEMENT FOR HAZARDOUS MATERIAL SPILLS <br /> Dear Phil, <br /> As requested, we have reviewed the subject "agreement" and letter <br /> of transmittal from the Department of California Highway Patrol to <br /> you dated February 10, 1983. Initially, we note that the first page <br /> of the document is on a State of California Business and Transporta- <br /> tion Agency "memorandum" form. However, apparently it is intended <br /> that some twenty-seven (27) local and state agencies (including the <br /> California Department of Transportation) or departments thereof sign <br /> the form. <br /> While styled as "an agreement" , the document is perhaps better <br /> described as a Memorandum of Understanding between the proposed sig- <br /> natory agencies as to their respective duties and responsibilities <br /> in connection with hazardous material spills. We defer to your judg- <br /> ment as to whether the provisions pertaining to Dublin San Ramon <br /> Services District (DSRSD) conform to your understanding of such <br /> matters (see agreement, pages 9-10) . <br /> The agreement/memorandum is authorized pursuant to Vehicle Code, <br /> Sec. 2454, -as amended by Chapter 543, 1982 Statutes. As indicated <br /> above, we view the document as merely a statement confirming parti- <br /> cular administrative practices of the fire services program of DSRSD. <br /> Assuming that you agree with the statement of duties described for <br /> DSRSD, you are authorized as to sign the document in an administra- <br /> tive capacity. <br /> Reference to the document as an "agreement" is a bit confusing <br /> (although that term is used in Vehicle Code, Sec. 2454) . If the <br /> Department of California Highway Patrol intends that the "agreement" <br /> requires the performance of services beyond the current program of <br /> DSRSD, then it should be submitted to the Board of Directors for <br /> review. Again, we do not view the "agreement" either expressly or im- <br /> pliededly as having such effect, but if it is not so intended it <br />