STEPS TO WRITING A MEMORANDUM OF UNDERSTANDING (MOU)
 

Step 1.  INTRODUCTION SECTION

The introduction Section of the MOU helps the reader to understand the agreement content.  It describes the need, the agencies involved, why it is necessary to work together, etc.  This section should be a simple explanation of the agreement and why it is necessary.  It does not need to include details about past efforts or discuss how the agencies reached this level of agreement.

Some Questions to Consider:

• For what capability or resource is this MOU being created?
• What agencies are participating in the MOU?  Include public safety agencies, other governmental bodies, and any private services.
• Why is the MOU necessary?
• What agreements are set forth by this MOU? 

Step 2.  PURPOSE

The purpose section should be a concise statement discussing the intention of the new or proposed capability that makes the MOU necessary.  It explains how the agencies involved will use the new capability and under what circumstances.

Some Questions to Consider:

• What is the intended level of command?
• When will it be used?
• How will it be used?

Step 3.  SCOPE

The scope section lists the agencies and jurisdictions to be included in the agreement and describes their relationship.  This section can also discuss end users, level of command, level of government, voice and/or data etc.

Some Questions to Consider:

• Who are the public safety, public service, and other governmental and non-governmental agencies that will use the capability/resource?
• What is the authorized user command level for the capability/resource? 

Step 4.  DEFINITIONS

The definition section describes the operational and technical terms associate with the capability or resource for which the agreement is written.  Providing definitions will help avoid confusion and uncertainty.

Some Questions to Consider: 

• What are the technical and operational aspects of the capability/resource?  Consider including definitions for each.
• Are there any community-specific terms or acronyms?  Consider including these acronyms and definitions.

Step 5.  POLICY

The policy section of the MOU briefly describes circumstances under which the capability can be used.  This section can also mention authorized use, activation, timing, and other circumstances.
Some Questions to Consider:

• When can the capability/resource be used?
• When should the capability/resource be considered for use?
• Who has the ability to authorize use of the capability/resource?
• Are there operating procedures associated with this capability/resource?  Can specific procedures be referenced? 

Step 6.  USER PROCEDURE REQUIREMENTS

This section outlines the obligations of this agreement.  For an agreement on sharing an enhanced capability, obligations may include training, exercises, user requirements, responsible parties for ensuring training, and awareness.

Some Questions to Consider:

• What are the training, exercise, and equipment requirements associated with participating in this MOU?
• Are there additional requirements?
• Are there any financial obligations that must be considered? 

Step 7.  MAINTENANCE

The maintenance section designates a responsible party for maintaining equipment, systems, and licenses.  The maintenance section can name a jurisdiction, agency, or individual.

Some Questions to Consider:

• What are the maintenance requirements associated with participating in this MOU?
• Who will own the licenses?
• Who will maintain the equipment? 

Step 8.  OVERSIGHT

The oversight section describes how agencies or jurisdictions will deploy the new capability.  It can also describe how the agencies can provide recommendations that affect policy and whether other agencies accept or reject these recommendations.  A description of internal agency policy regarding usage of the capability can also be provided.

Some Questions to Consider:

• What governance structure oversees the use of this capability/resource and enforces all requirements of this MOU?
• Who is the chair of this governance structure and how is he/she appointed?
• What are the participation requirements in this governance structure of agencies entering this MOU?
• How are issues affecting policy, recommendations, and/or subsequent change implemented by the governance structure?
• What is the voting method within the governance structure?
• How do individual agencies establish oversight authority for the capability/resource? 

Step 9.  RESPONSIBILITY FOR SOP COMPLIANCE

This section assigns responsibility to agencies to ensure Standard Operating Procedures (SOP) for the capability are adhered to.

Some Questions to Consider:

• Who is responsible for ensuring the SOPs associated with this capability/resource are followed and that individual agency personnel are trained appropriately?
• How will compliance be carried out? 

Step 10.  UPDATES TO THE MOU

This section describes how updates can be made to the MOU.  It includes information such as who has the authority to update the MOU, how updates will be made, how participating agencies will be notified of updates, and the types of updates that will require signatures of all participating agencies.

Some Questions to Consider:

• Who has the authority to update/modify this MOU?
• How will this MOU be updated/modified?
• Will updates/modifications require this MOU to have a new signature page verifying the understanding of changes by each participating agency?