Memorandum of Understanding: Creating Formal Partnerships

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Memorandum of Understanding Creating Formal
Partnerships
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What is a Memorandum of Understanding?

• Document describing a bilateral or multilateral
  agreement between parties. It expresses a
  convergence of will between the parties,
  indicating an intended common line of action and
  may not imply a legal commitment. It is a more
  formal alternative to a gentlemen's agreement,
  but in some cases, depending on the exact
  wording, lacks the binding power of a contract.

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Why Do You Need MOUs?

• 2008 USDA Guideline requirements for all
  contractors
• Describe efforts to coordinate, complement,
  supplement other FNS programs in order to deliver
  consistent behavior-focused nutrition messages.
• FSNE projects delivered in coordination with
  other agencies to submit a written agreement
  (e.g. MOU) clearly outlining the responsibilities
  of all agencies involved in the collaboration.
• Written agreements for all collaborations that
  involve any type of financial or budget
  management issues such as cost sharing, in-kind
  services, etc

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• When Should You Consider Creating an MOU with a
  Partner?

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• What are the benefits of having MOUs with
  partner agencies?

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Benefits

• Creates an opportunity for dialogue
• Clearly outlines expectations of partners
• Ensure smooth operations where there are shared
  resources or workflows.
• Establishes a more formal relationship
• Strengthens credibility of partnership
• Helps you measure if your partnership is
  accomplishing what you want

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What Should the MOU cover?

• PURPOSE SCOPE
• BACKGROUND ON EACH PARTNER
• RESPONSIBILITIES UNDER THE MOU FOR EACH PARTNER
• STATEMENT OF MUTUAL AGREEMENT
• FUNDING
• EFFECTIVE DATE AND SIGNATURES

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ACS-NCI-CDPH

• The California Department of Public Health,
  Cancer Prevention and Nutrition Section (CDPH)
  will participate in this partnership to support
  planning and implementation of the Body Soul
  program throughout California to increase the
  fruit and vegetable consumption and physical
  activity levels for Californians and reduce the
  rates of chronic disease. Specifically, CDPH
  will

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ACS-NCI-CDPH

• Identify lead contacts in each region to partner
  with the identified ACS and NCI/CIS contacts
• Provide training to ACS and NCI/CIS regional
  leads on
• Body and Soul implementation and peer counseling
• Provide training in conjunction with NCI and ACS
  to provide marketing, training and technical
  assistance to 25 churches per region to ensure at
  least 12 churches per region adopt and implement
  the Body Soul program annually.

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ACS-NCI-CDPH

• Communicate and coordinate on research,
  materials, and marketing of Body Soul
• Share program results with ACS and NCI/CIS
• Ensure local CDPH staff is adequately trained to
  provide technical assistance to Body Soul
  churches.
• Ensure CDPH staff connects with regional NCI and
  ACS staff to develop coordinated action plans for
  implementing Body Soul program within their
  region.
• CDPH staff will inform NCI and ACS staff on the
  efforts, activities, and responsibilities of CDPH
  in the region.

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Discussion Questions

• Describe a successful partnership between two
  agencies. Is an MOU in place? If no, how could
  this partnership benefit from having an MOU?
• What challenges may you have in getting MOUs with
  partners? How have you overcome those challenges?
• What resources do you need from the state-level
  Campaign to aid you in developing MOUs with
  partners?

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Where Do I Start?

• Identify an authorized representative(s) at each
  partner agency
• Discuss purpose and benefits of having an MOU
  with partners and get buy-in
• Outline roles, responsibilities, timeframe Keep
  It Short and Simple
• Request a review of the draft MOU prior to
  requesting signatures and allow time for changes
• Obtain appropriate approvals and signatures
• Review MOUs annually
• When in doubt, consult legal counsel

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MOUs put another way

• Document that expresses mutual accord on an issue
  between two or more parties. MOUs are generally
  recognized as binding, even if no legal claim
  could be based on the rights and obligations laid
  down in them. To be legally operative, a MOU must
  (1) identify the contracting parties, (2) spell
  out the subject matter of the agreement and its
  objectives, (3) summarize the essential terms of
  the agreement, and (4) must be signed by the
  contracting parties.