How to Write a Memorandum of Agreement for SAFECOM

SAFECOM is a communications program of the Department of Homeland Security, which helps to connect local, tribal, state and federal emergency reponse agencies.

A memorandum of agreement, also known as a memorandum of understanding, is a written document that outlines the rules and provisions for conduct between two parties that have mutually agreed to cooperate together for a project or goal. Often, memorandums of agreement are drafted for partnerships based between public agencies, such as SAFECOM, and local communities or businesses. They are legally binding contracts. To write a memorandum of agreement for SAFECOM, draft an agreement that includes certain critical provisions.

Instructions

1. Draft an introduction to the agreement that sets forth the general provisions of the memorandum of agreement. Identify any and all agencies participating in the agreement, including public safety agencies, governmental bodies and private services. Explain why the agreement is necessary and how it shall function.

2. Add a second section to the agreement that outlines the purposes for which the memorandum of agreement is being created. Indicate the intended level of command among parties to the agreement. Explain how and when the agreement will be used.

3. Write a section to outline the scope of the agreement. In this section, identify each public safety, public service, governmental and nongovernmental agencies as well as the responsibilities and authorities reserved for each of these bodies. Clearly set forth the rights, as well as the limitations, of each party that is involved in the agreement.

4. Provide definitions and explications of terms in the following section. Include any and all operational and technical terms associated with the project or referenced in the agreement. Provide clear definitions of terms to avoid confusion. Identify acronyms, even if commonly known and used, to eliminate uncertainty.

5. Outline the policies of the memorandum of agreement in their own section. Describe the rules of the agreement and of the capability or resource -- the objective for which the agreement is being made. Identify who has the authority to use the resource and the operating procedures that are associated with this use. Be as specific as possible.

6. Illustrate the user procedure requirements in a section that explains the obligations of the memorandum of agreement. For instance, cite required training, exercises or education required of parties participating in the agreement. Identify the persons responsible for enforcing that training occurs. Also, identify any additional requirements, such as financial agreements, that obligate persons or parties to the agreement.

7. Outline the persons or parties responsible for maintaining equipment, systems, licenses, certifications or other devices that are mutually used as a resource. Importantly, indicate which party -- likely an agency, rather than a person -- will own the license and maintain it, keeping the license valid and renewing when necessary. Also, indicate the party that will maintain equipment, handling repairs or arranging for repairs when necessary.

8. Explain the oversight required for the agreement. Identify which governance structure shall oversee use of the capability or resource and which party shall enforce the requirements of the agreement. Identify by name the chairs or presiding officers of this structure and how such persons shall be appointed. Explain issues affecting policy, recommendations or changes that may affect governance structure and how such issues shall be resolved.

9. Explain responsibility for standard operating procedure compliance. Specifically, identify who shall be responsible for ensuring that SOPs are followed and that agency staff and personnel are properly trained to follow such procedures. Explain how compliance with SOP will be enforced in each agency or body.

10. Draft a section that provides for updates to the agreement. Identify which person, party or agencies are authorized to update, modify or amend the memorandum of agreement and the process by which updates or modifications may be made. For instance, identify that changes must be supplemented with a new signature page upon which all parties certify their understanding of changes.

References

• State of Utah: Memorandum of Agreement (MOA)
• Safecom: Writing Guide for a Memorandum of Understanding (MOU)