Definitions[]
A Memorandum of Understanding (MOU) is
“ | an agreement that sets forth the terms, responsibilities, relationships, intentions, and commitments of each participating entity; the agreement also provides an outline of the who, what, where, when, why, and how of the relationship. | ” |
“ | [a] formal agreement with another organization that defines the roles and responsibilities and expectations of each party.[1] | ” |
Issues for consideration[]
When negotiating and drafting an MOU, the following issues should be considered:
- Identifying and understanding the legal and practical implications of the MOU.
- Defining the roles and responsibilities of the participating parties.
- Including at least the following elements in the MOU:
- Involved parties
- Mission
- Governance
- Authority
- Security
- Assignment of personnel
- Funding/costs
- Indemnification
- Policies and procedures
- Privacy guidelines
- Dispute resolution process
- Contact information for notifications
- Effective date/duration/modification/termination
- Services to be provided by each party
- Liability limitations and disclaimers
References[]
- ↑ California Office of Systems Integration, Definitions (full-text).