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jChi.ef Phillips, DSRSD,,m,,, <br /> " Iriter-Agency Agreemen or Hazardous Material Sp-.3 <br /> March 31, 1983 <br /> Page Two <br /> should be clarified and acted upon by the Board pursuant to Govern- <br /> ment Code, Sec. 61616 . ; <br /> Consistent with the foregoing, the document perhaps should be <br /> designated "Memorandum of Understanding" or as a "Memorandum of <br /> Administrative Practice" or by some other designation more truly <br /> identifying its function. Further, if expanded services are intend- <br /> ed we recommend the inclusion of a clause that confirms the under- <br /> standing that the "agreement" is not intended, nor shall be deemed, <br /> to affect the legal responsibilities or liabilities of the signatories <br /> or their agencies either among or between themselves, or with respect <br /> to others not parties thereto. <br /> As observed above, the key to whether the document should be <br /> treated as an agreement requiring formal Board approval is your de- <br /> termination as to the effect of the scope of services to be rendered <br /> by DSRSD. If, as I suspect, no expanded scope is intended, the docu- <br /> ment serves merely as an administrative understanding, which may be <br /> signed by you. If such is not the case, it requires Board approval <br /> prior to execution (and, preferably, amendment consistent with the <br /> above recommendations) . <br /> If you have questions regarding the foregoing, please do not <br /> hesitate to call. <br /> Very truly yours, <br /> David E. Schricker <br /> Attorney <br /> DES/va <br /> cc: General Manager <br />