NIST Special Publication 1156

Writing Guidelines to Develop a

Memorandum of Understanding for 

Interoperable Automated Fingerprint 

Identification Systems

Susan Ballou

Anthony Clay

Joi Dickerson

Mike Garris

Peter T. Higgins

Janet Hoin

Lisa Jackson

Peter Komarinski

Mike Lesko

Joe Morrissey

Leo Norton

Beth Owens

Joe Polski

Melissa Taylor

http://dx.doi.org/10.6028/NIST.SP.1156
NIST Special Publication 1156

Writing Guidelines to Develop a

Memorandum of Understanding for 

Interoperable Automated Fingerprint 

Identification Systems

Susan Ballou

Melissa Taylor

Law Enforcement Standards Office

Office of Special Programs

Anthony Clay

United States Secret Service

Joi Dickerson

Culver City, California, Police Department

Mike Garris

Information Technology Laboratory

Peter T. Higgins

Higgins & Associates, International

Washington, DC

Janet Hoin

Joe Morrissey

New York State Division of Criminal Justice Services

Lisa Jackson

Santa Monica, California, Police Department

Peter Komarinski

Komarinski and Associates

Mike Lesko

Texas Department of Public Safety

Leo Norton

Los Angeles County, California, Sheriff’s Department

Beth Owens

Franklin County, Ohio, Sheriff’s Office

Joe Polski

Retired

International Association for Identification

http://dx.doi.org/10.6028/NIST.SP.1156

May 2013

U.S. Department of Commerce

Rebecca Blank, Acting Secretary

National Institute of Standards and Technology

Patrick D. Gallagher, Under Secretary of Commerce for Standards and Technology and Director
Certain commercial entities, equipment, or materials may be identified in this

document in order to describe an experimental procedure or concept adequately.

Such identification is not intended to imply recommendation or endorsement by the

National Institute of Standards and Technology, nor is it intended to imply that the

entities, materials, or equipment are necessarily the best available for the purpose. 

National Institute of Standards and Technology Special Publication 1156

Natl. Inst. Stand. Technol. Spec. Publ. 1156, 43 pages (May 2013)

http://dx.doi.org/10.6028/NIST.SP.1156

CODEN: NSPUE2

May 2013 MOU Writing Guide

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Contents

FOREWORD.....................................................................................................................................1

HOW TO USE THIS GUIDE...............................................................................................................4

GETTING STARTED..........................................................................................................................6

Workflow..................................................................................................................................6

1. Introduction Section.......................................................................................................7

2. Purpose Section..............................................................................................................8

3. Scope Section..................................................................................................................9

4. Policy Section................................................................................................................13

5. Oversight Section..........................................................................................................14

6. Compliance Section.......................................................................................................15

7. Updates to the MOU Section........................................................................................15

8. Financial Considerations Section..................................................................................16

ATTACHMENT I: Template for a Latent Print Processing Agreement between the 

Hosting Agency and the Requesting Agency.......................................................................A1-1

ATTACHMENT II: Operational Responsibilities Template..........................................................A2-1

ATTACHMENT III: Automated Fingerprint/Biometric Identification System User 

Qualifications Guidelines Template....................................................................................A3-1

ATTACHMENT IV: Abbreviation List..........................................................................................A4-1
May 2013 MOU Writing Guide

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FOREWORD

This is one of a series of documents prepared by the Latent Print Automated Fingerprint 

Identification Systems (AFIS) Interoperability Working Group. The purpose of these documents 

is to provide guidance and a framework to those involved in the identification process who may 

be tasked to be a project leader or member of a working group for an AFIS replacement, 

upgrade, or move to a more biometrics-based identification process.

Each agency has its own procedures as well as policies and laws that are applicable in the 

procurement process. The information contained in these documents should be considered as 

complementary.

The Latent Print AFIS Interoperability Working Group

The lack of latent print interoperability and the subsequent missed opportunities to make 

identifications have been long recognized as serious issues within the identification community.

Latent print examiners, AFIS managers, vendors, governmental agencies, and professional 

organizations have explored opportunities to improve interoperability. Since the introduction of 

AFIS databases in the 1980s and the Federal Bureau of Investigation’s (FBI’s) Integrated 

Automated Fingerprint Identification System in the late 1990s, latent print identifications have 

risen on a hierarchical level but not on a peer-to-peer basis.

As part of a National Institute of Justice (NIJ)/National Institute of Standards and Technology 

(NIST) effort to address the lack of AFIS latent interoperability, the Law Enforcement Standards 

Office (OLES) formed the Latent Print AFIS Interoperability Working Group. The mission of this 

Working Group is to improve latent print AFIS interoperability by developing a clear 

understanding of the issues and challenges to latent print AFIS interoperability and to identify 

collaborative ways to actively address this national problem.

The first meeting of the Working Group was held in April 2008. The release in February 2009 of 

the National Academies of Sciences’ report, Strengthening Forensic Science in the United States: 

A Path Forward,

1

gave further support to the issue at a national level.

The Working Group consists of federal, state, and local representatives as well as vendors and 

other members of the identification community. These include the following:

 

1

National Academy of Sciences, National Research Council, Committee on Identifying the Needs of the Forensic 

Science Community. Strengthening Forensic Science in the United States: A Path Forward. National Academies 

Press, 2009.
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2

State and Local Representation

Broward County, Florida, Sheriff’s Office

Culver City, California, Police Department

Illinois State Police, Forensic Science Center at Chicago

Los Angeles County, California, Sheriff’s Department

New Hampshire Division of State Police Forensic Laboratory

New York State Division of Criminal Justice Services

Nlets

San Francisco, California, Police Department

Santa Monica, California, Police Department

South Carolina Crime Information Center

Texas Department of Public Safety

Western Identification Network, Inc.

Federal Representation

Department of Homeland Security

FBI Criminal Justice Information Services Division

NIJ Office of Science and Technology

NIST Information Technology Laboratory

NIST Law Enforcement Standards Office

AFIS Technical Advisors and Vendor Representatives

While many individuals contributed to the success of this project, the following are noted for 

having made significant contributions of their time, talent, and vision: 

Susan Ballou National Institute of Standards and Technology

Anthony Clay United States Secret Service

Joi Dickerson Culver City, California, Police Department

Mike Garris National Institute of Standards and Technology

Peter T. Higgins Higgins & Associates, International

Janet Hoin New York State Division of Criminal Justice Services

Lisa Jackson Santa Monica, California, Police Department

Peter Komarinski Komarinski and Associates

Mike Lesko Texas Department of Public Safety

Joe Morrissey New York State Division of Criminal Justice Services

Leo Norton Los Angeles County, California, Sheriff’s Department.

Beth Owens Franklin County, Ohio, Sheriff’s Office

Joe Polski International Association for Identification (Retired)

Melissa Taylor National Institute of Standards and Technology
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The objectives of the Working Group in the preparation of these documents were to

 define the issues and challenges to latent print AFIS interoperability;

 identify opportunities to actively address latent print interoperability; and

 develop guidelines to provide guidance on technical and administrative issues.

The Working Group developed this and other documents to meet the needs of latent print 

examiners, AFIS users, managers, vendors, and policy makers to establish interagency latent 

print AFIS interoperability. This document is one in a series of NIST OLES reference documents 

to help agencies achieve interoperability, located at 

http://www.nist.gov/oles/afis_interoperability.cfm.
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HOW TO USE THIS GUIDE

This document is intended to be used as a guide to developing a latent AFIS Interoperability 

Memorandum of Understanding (MOU) between two or more agencies. For the purposes of 

this document, an MOU and Memorandum of Agreement should be considered 

interchangeable. The document is laid out in a common MOU format and includes suggested 

headings for each section. Within each section are established questions that can be considered 

during the development of the MOU. In the format and headings, this document incorporates 

the key elements of interoperability.

The example language, indicated with the image of a keyboard in the left margin, can be used 

for reference purposes and may or may not address applicable issues based on the varied 

needs of differing jurisdictions. This sample language is meant for guidance and illustration 

purposes toward a specific MOU item and should not be taken literally. Language within each 

individually created MOU will need to be modified and crafted to address the specific needs of 

the agencies involved in the agreement.

The partnerships that may be created by an MOU can be as varied as there are political entities.

There is no “one size fits all” approach. In the following narrative, there is an emphasis on those 

collaborative efforts in which two or more agencies agree to pool their resources and create a 

new entity, such as a consortium, responsible for the administrative, legal, and financial 

obligations of the participating parties. There is adequate direction in the document to meet 

these issues.

The more common scenario may be the one in which two agencies are willing to share limited 

services and are looking for more simple guidance. Here, the reader may look directly at the 

following sections:

 Attachment I: Template for a Latent Print Processing Agreement Between the Hosting 

Agency and Requesting Agency

 Attachment II: Operational Responsibilities Template

 Attachment III: Automated Fingerprint/Biometric Identification System User 

Qualifications Guidelines Template

 Attachment IV: Abbreviation List

This document does not address every issue that may arise between different agencies that are 

seeking to create an MOU. It will need to be customized to the capabilities and resources for 

which it is established and should consider any unique concerns, characteristics, and needs of 

the participating agencies. This document is one in a series of reference documents to help 

agencies achieve interoperability, located at http://www.fingerprint.nist.gov/.

Potential guidance for governance may be available through existing agreements already 

endorsed by a specific agency, such as Nlets agreements, Criminal Justice Information Services 
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(CJIS) Wide Area Network (WAN) user agreements, or Joint Automated Booking System

interface agreements.
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GETTING STARTED

Both parties should understand why it would be advisable to create an MOU. Persons involved 

with the development of the MOU will need to understand the political implications and the

impact of connectivity or sharing of resources. They should determine who has executive 

authority for the signing and execution of the MOU and who should effectively lead the group 

in this process.

In preparation for the creation of an MOU, it will be necessary to ascertain in detail with 

specific references the parties involved in the agreement, including addresses and points of 

contact (POCs). The participating parties who should be considered as integral in the 

development of the document could include

 operations personnel,

 managers,

 legal experts,

 technical staff members, and

 vendors.

Workflow

It can prove helpful to develop a workflow document to visualize the processes. This document 

should describe what business logic (workflow) would be required to be consistent with the 

latent interoperability search transactions either agreed upon or considered by the agency(ies)

examining the implementation of latent interoperability.

Parties to the agreement should examine their systems and business logic and determine the 

workflow changes required to perform tasks such as

 accepting external latent transactions;

 adding external latents to internal Unsolved Latent File (ULF) or specifications for not 

adding external latents;

 reporting a match list back to the external submitting agency;

 establishing a threshold score for reporting a candidate back to the agency or returning 

a “no hit;”

 producing an error report for transaction responses;

 reporting successful matches back to the cooperating agency that ran the search;

 collecting and reporting metrics between the cooperating agencies; and

 establishing business rules for external search compared to internal searches (Will all 

internal workflow be applicable to external searches? Does internal latent search 

require supervisor assignment?).
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Process for Searching Latent Prints

1. Introduction Section

The Introduction section of the MOU helps the reader to understand the agreement. This 

section should be a simple explanation of the agreement and why it is useful. It does not need 

to include details about past efforts or to discuss how the agencies reached this level of 

agreement. Depending on the agency’s needs, a single agreement may be sufficient for a 

bi-directional data exchange. If there are different service agreements for each party, they 

should be defined.

 What agencies are participating in the MOU?

 For what capability or resource is this MOU being created?

 Why is this MOU necessary?

 What agreements are set forth by this MOU?

 Under what authority is this agreement being executed?
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Example Language

This MOU was established for latent print AFIS interoperability between [insert names 

of all parties: county/region/state]. Criminal justice agencies recognize the need for 

latent print examiners or units to have the ability to search latent print data between 

two or more systems correctly and with minimal loss of accuracy, returning the results 

for review by the requesting agency. By definition of AFIS latent interoperability, the 

intent is for the sender to invoke all human effort while the receiver does not expend 

any human effort but requires significant machine effort. The agreement set forth in 

this MOU should detail all applicable aspects of latent print interoperability, including 

transmission methods, security, transaction formats, quantity and types of 

transactions, and support. Execution of this MOU will allow greater opportunity for 

identifications. This MOU is being implemented under the following authority: [list 

applicable state or federal laws].

2. Purpose Section

The Purpose section of the MOU 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.

Example Language

The purpose of this MOU is to help all member agencies work cooperatively to 

establish a seamless, integrated system of [statewide/countywide/region-wide]

information-sharing technology and services. The MOU will allow direct 

communications between the participating agencies when dealing with identification of 

latent prints. The sharing of data between the participating agencies will enhance the 

safety of the citizens of [name geographic region] due to the expanded search 

capabilities. This MOU intends to

 identify the roles and responsibilities of those participating agencies to 

guarantee continued success of the program within the [name geographic 

region]; and

 ensure participating agencies are aware of the capabilities, limitations, and 

equipment maintenance responsibilities of the network.
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3. Scope Section

The Scope section of the MOU is intended to provide the parameters of the latent AFIS 

interoperability solution and should include the following set of specifications and 

requirements:

 defined periods of engagement (expiration, termination, and renewal)

 agreement on transmission methods, connectivity, and security

 agreement on transaction formats

 agreement on data to be searched, returned, and retained

 agreement on corrective actions

 deliverables (reporting, metrics, statistics, success stories)

 troubleshooting, help desk, outreach, support

 security/privacy disclosures

 suspension of access

 agreement on number of ULF searches per day

 agreement on error messaging notification

 agreement on the forwarding of cascaded search results if the receiving agency has 

existing MOU agreements with other agencies

Agencies should agree upon operating procedures and include them as an appendix to the 

MOU.

Example Language

Defined periods of engagement (expiration, termination, and renewal)

This agreement will become effective on [insert date] and shall continue for [insert # of 

years/months]. This agreement shall automatically renew on an annual basis for [define 

term of agreement] unless the parties notify each other in writing, with 30-days notice, 

of their intent to terminate the agreement. After [define term of agreement], review 

and approval is required.
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Example Language

Agreement on transmission methods, connectivity, and security

Agencies will use the following connectivity methods: [selected from CJIS WAN, Nlets, 

Law Enforcement Online, a virtual private network, or other].

Example Language

Agreement on transaction formats

Agencies will use the following standard transaction formats: [selected from CJIS’s 

Electronic Biometric Transmission Specification, American National Standards 

Institute/NIST, or the Latent Interoperability Transmission Specification and specifying 

specific versions].

Example Language

Agreement on data to be searched, returned, and retained

Agencies will search latent prints as defined in the chart below:

Function

Max Number of 

Inquiries/Day Priority Status

Response 

Time

Single latent fingerprint search vs. ten-print 

fingerprint repository (criminal only, civil only, 

both criminal and civil, special repositories; 

ten-print searchable repository being rolled 

fingerprints, plain impressions, or both; single 

record, multi-record per individual; image- vs. 

minutiae-based search; and filtering, no filtering 

criteria permitted)

Multi-latent fingerprint search vs. ten-print 

fingerprint repository (criminal only, civil only, 

both criminal and civil, special repositories; tenprint searchable repository being rolled 

fingerprints, plain impressions, or both; single 

record, multi-record per individual; image- vs. 

minutiae-based search; and filtering, no filtering 

criteria permitted)
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Single latent palm print search vs. palm print 

repository (criminal only, civil only, both 

criminal and civil, special repositories; assumes 

two palms for each individual; single record, 

multi-record per individual; image- vs. minutiaebased search; and filtering, no filtering criteria 

permitted)

Descriptive-based search (physical description, 

e.g., gender, race, age, height, etc., of individual 

along with other defined delimiters, but no 

latent print image or minutiae; other defined 

delimiters, such as classification, finger position, 

geographic region, crime type, etc.)

Add to ULF (latent fingerprint, latent palm print; 

image, minutiae, both; and descriptive

delimiters)

Ten-print search vs. ULF

Palm print search vs. ULF

Latent fingerprint search vs. ULF

Latent palm print vs. ULF

Agencies agree to the search data types, data retention, and result retention for [define

a period of time]. For the purposes of latent print case documentation and legal 

considerations, the result retention requirement is a recording of the search data and 

results record. The length of time, the content, and how to obtain the record should be 

clearly described.

Example Language

Agreement on corrective actions

The parties agree to provide each other the opportunity to take corrective actions or to 

exercise the ability to resolve any incidents that may arise during the term of this 

agreement.

Example Language

Deliverables (reporting, metrics, statistics, success stories)

Each member agency shall provide formal and ad hoc report relating to the 

interoperability capability as a result of this agreement. The reports may include: 

[define the types of data].
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Example Language

Troubleshooting, help desk, outreach, support

Each agency is responsible for maintaining its system availability and for providing a 

POC for technical support. Designated POC: [insert name].

Each agency needs to provide notification of planned outages within [define length of 

prior notification] and extended unplanned system outages within [define length of 

time, e.g., # of hours].

Example Language

Security/privacy disclosures

[Cite relevant privacy rules/regulations]. Neither agency will disclose the results of 

searches without coordinating with the other party to this agreement. [Specify 

individual means of coordinating results, e.g., telephonic or written communication].

Example Language

Suspension of access

The parties may suspend access to each other “for cause” or breach of the agreement 

for the following reasons:

 disclosure of protected information (personally identifiable information)

 breach of security of the system

 any misuse 

 failure to abide by financial arrangements

 [insert additional reasons for suspension of access]

Example Language

Agreement on number of ULF searches per day

The parties of the agreement will agree on a maximum of [insert number] ULF searches 

per day. 
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Example Language

Agreement on error messaging notification

Agencies shall provide notification and definition of transaction-related errors within 

[define time period].

Example Language

Agreement on the forwarding of cascaded search results if receiving 

agency has existing MOU agreements with other agencies

Agencies agree to use existing MOUs to conduct cascaded searches. The receiving 

agency should return all cascaded search results back to the original agency that 

initiated the search.

4. Policy Section

The Policy section of the MOU should contain policy definitions to which the member agencies

have agreed. Policies to be considered should include the following:

 Data security. Agencies must provide secure and controlled access to data exchanged as 

a part of the latent interoperability solution. This data exchange is secured using

technologies such as a secured connection and authorized access. Each agency should 

agree to adhere to the more stringent security policy of the member agencies.

 Privacy Act considerations and release of data parameters (third-party sharing). The 

laws, rules, and regulations governing the dissemination of information must be 

understood and described.

 Record retention/deletion requirements. The search data retention period and the 

contents of the search/results record need to be stated. For purposes of latent print 

case documentation and legal considerations, a recording of the search data and results 

record need to be defined. The length of time, the content, and how to obtain the 

record should be clearly described. Agreement on how sealed records should be 

handled should be developed.

 Availability. The availability of the AFIS should be described. If the receiving AFIS 

restricts access during certain periods (e.g., peak load times during each day, weekends, 

or predetermined maintenance periods), then these periods should be indicated.

 Liability. Legal liabilities associated with accessing an AFIS must be documented and 

understood. There is a wide range of matters to be covered under this topic, and the 
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agency’s legal department should be directly involved. Topics at the system level, such 

as authorization, data security, and misuse, need to be addressed. Other topics related 

to system performance and accuracy should be addressed. Specifically, it should address 

the liability associated with searches having negative results when, in fact, positive 

results should have been achieved, i.e., a failure of the AFIS to provide the correct 

candidate in a response to an inquiry when the correct candidate is in the database.

 Criminal/civil database searching limitations and responses. Participating agencies 

should agree as to the policies for accessing criminal, civil, and/or special databases 

(e.g., bank robbery or terrorist files) and enrolling records into the ULF. If an individual is 

being selected as a candidate as a result of an external inquiry and that individual’s 

record is protected from dissemination (in whole or in part), the process in which this 

matter is handled must be described.

 Qualifications of users (full spectrum). Participating agencies should agree to minimum 

qualifications for users allowed access to the interoperability capability. This may 

include training, certification, and competency testing. (See Attachment III: Automated 

Fingerprint/Biometric Identification System User Qualifications Guidelines Template.)

5. Oversight Section

The Oversight section describes the governance structure under which the MOU will be 

administered. It may also describe how execution and implementation of this solution could be 

integrated into an existing governmental structure.

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 changes resolved

by the governance structure?

 What is the decision-making process within the governance structure?

 How do individual agencies establish oversight authority for the capability/resource?

 How should the oversight authority establish consensus?
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Example Language

Oversight of the AFIS latent interoperability agreement is administered through the 

Interoperability Committee. The Committee may be co-chaired by an appointee of each 

agency. Each participating agency may provide a representative to the Interoperability 

Committee after entering into this MOU. Any issues affecting policy, recommendations,

and/or subsequent changes that alter the purpose of the AFIS latent interoperability 

agreement may be implemented only after a consensus is reached by the 

Interoperability Committee. Accordingly, each agency may establish oversight authority 

and may identify the level of delegation in reference to use of the AFIS latent print

interoperability solution.

6. Compliance Section

The Compliance section of the MOU assigns responsibility to agencies to develop operational 

responsibilities and to ensure they are followed. A functional and performance test to validate 

that interoperability has been implemented in accordance with this MOU will be conducted on 

each member’s system.

Questions to consider:

 Who is responsible for ensuring that the operational responsibilities associated with this 

capability/resource are followed and that individual agency personnel are trained 

appropriately?

 How will compliance be ensured?

Example Language

It is the responsibility of agency heads to ensure that the AFIS latent interoperability 

agreement’s operational responsibilities are followed when necessary and to ensure 

that agency personnel are trained appropriately. Compliance is ensured through [define 

time period] audits conducted by each agency.

7. Updates to the MOU Section

The Updates to the MOU section describes how revisions 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.
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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 that verifies 

the understanding of changes by each participating agency?

 Who maintains original documentation?

Example Language

Updates will take place after the [insert authority body here] meets and gains 

consensus on proposed changes. It is then the responsibility of the Interoperability 

Committee to decide the best possible method of dissemination to all affected 

agencies. In the event that a proposed change or technical upgrade to the latent AFIS 

degrades the capability or changes the purpose of the agreement, a new signature 

page verifying the understanding of changes will be required.

8. Financial Considerations Section

The Financial Considerations section of the MOU should describe how the interoperability 

services will be funded. There are two potential payment arrangements that agencies can 

consider.

 Shared services. No costs are exchanged. Each agency is wholly responsible for the cost 

of the searches conducted on their systems.

 User fee services. Member agencies agree on the coat per search on the basis of the 

increased cost resulting from the interoperability workload. If a fee for service is to be 

charged, the terms and conditions must be clearly stated. There are numerous 

approaches in which fees for service can be invoked. For example, each functional 

capability could have a distinct fee for service for each transaction. Or a single monthly 

fee may be stated regardless of the number of inquiries submitted.

Example Language

Shared Services

Financial responsibility. Each member agency or authorized user is responsible for the 

cost of acquiring and maintaining the necessary hardware and licensed software to 

participate in the project. Nothing in this MOU requires any agency to fund the 

activities of any other member agency or authorized user.

Grants. Any member agency or authorized user may individually or collectively apply 
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for grant funding for this system. Monies applied for by an individual agency or a 

partnership of agencies shall in no way be controlled by or fall under the jurisdiction of 

this MOU, nor shall such funds be considered pass-through funds for the fiscal agent.

Only where the [insert authority body here] as a group applies for a grant or other 

federal funds will the fiscal agent be considered a pass-through entity. The fiscal agent 

will not be responsible for initial costs in applying for any grants or funding on behalf of 

[insert authority body here].

Fiscal agent. The Interoperability Committee may appoint a fiscal agent(s). The fiscal 

agent(s) shall report on fiscal matters involving the [insert authority body here]. A 

review of the [insert authority body here] accounts, maintained by the fiscal agent, will 

be completed at the discretion of the Committee and paid for with Committee funds.

Shared costs. Under a shared services agreement, member agencies will agree to a 

number of searches and database additions in a manner that is satisfactory to each 

agency and is defined as part of this MOU. Once this agreement is in place, each party 

should be wholly responsible for any additional costs of this agreement.

Example Language

User Fee Services

The total cost of providing the additional interoperability services is divided by the 

expected workload to calculate user fees as incurred per search and/or addition.

Payment to constitute current expenditures. Member agencies acknowledge and agree 

that all payment obligations under this MOU are current expenditures of member 

agencies, payable in the fiscal year for which funds are appropriated for payment 

thereof. Member agencies’ obligations under this MOU shall be from year to year only 

and shall not constitute a multiple-fiscal year direct or indirect debt or other financial 

obligation of member agencies within the meaning of [reference any state constitution 

if applicable].
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A1-1
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A1-2

This template contains specific language that may be inserted into an MOU between two 

agencies. The agencies should carefully review this language to ensure that it correctly fits the 

desired outcome and should freely add to this language where necessary. 

Example Language

This Agreement, dated [insert date], is made between [insert name and address 

of agency A] (hereinafter referred to as the Hosting Agency) and [insert name and 

address of agency B], (hereinafter referred to as the Requesting Agency). The foregoing 

are collectively referred to as the “Parties.”

WHEREAS, the Hosting Agency has purchased equipment and software licenses 

to enhance the latent print processing capabilities at the Hosting Agency, and the 

Hosting Agency has an interest in providing for the security of the equipment and data 

and in abiding by the contractual warranty conditions and software licenses imposed by 

the automated fingerprint identification system (AFIS) Vendor, [insert vendor name],

(hereinafter referred to as the Vendor), and;

WHEREAS, the Requesting Agency has requested to use the equipment and 

software license purchased by the Hosting Agency to improve its latent print processing 

through interoperability.

In consideration of the mutual obligations contained herein, NOW, THEREFORE, 

it is agreed by and between the Hosting Agency and the Requesting Agency as follows:

1. Legal Requirements

The Parties agree that this Agreement shall be subject to the [insert state, 

county, city, etc.] standard contract clauses. (Optional: These may be set forth in an 

Appendix and attached as part of this Agreement.)

The Parties agree to abide by the guidelines and responsibilities specified in the 

Requesting Agency’s Responsibilities Document, attached hereto as Appendix [insert 

appendix letter] and made a part of this Agreement as if fully set forth.

2. Equipment

Title to the Hosting Agency’s AFIS software, for which the Hosting Agency has 

obtained the necessary licenses, shall remain the exclusive property of [insert vendor 

name].
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A1-3

Approved expansion equipment installed after the original equipment 

installation and all other equipment shall remain the property of the party that 

purchases such equipment.

3. Identification and Classification Procedures

When identification results using the Hosting Agency’s AFIS, the Requesting

Agency may separately request criminal history record information from the Hosting 

Agency criminal history files via the Hosting Agency’s recognized communication links.

All such criminal history information shall remain subject to the terms of any 

existing Use and Dissemination Agreement between the Hosting Agency and the 

Requesting Agency governing the exchange of criminal history record information.

Secondary dissemination of criminal history record information is not permitted 

for any reason except for the transmittal to another law enforcement agency for 

criminal investigation purposes.

4. Conditions of Use Provisions

The Hosting Agency may, at its option, suspend the provision of interoperable 

latent print AFIS services to the Requesting Agency if the Requesting Agency knowingly 

permits one or more of the following situations to exist, which may either compromise 

the security of Vendor information or which may necessitate replacement or repair to 

correct system failure or possible system failure:

a) Failure to continually provide or maintain a suitable installation environment 

as indicated in the guidelines contained within Appendix [insert appendix letter].

b) Use of supplies or materials not approved by the Hosting Agency or 

inappropriate use of the Hosting Agency-approved materials.

c) Neglect or misuse of the equipment or system, or the use or attempted use of 

the equipment or system for purposes other than as the Requesting Agency.

d) Alterations, attachments, conversions, upgrades, downgrades, or 

enhancements to the system or any other action that causes any deviation from 

the Hosting Agency’s system as designed by the Vendor.
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e) Attachments, including interconnection of the system by mechanical or 

electrical means to any other machine, equipment, or device unless the 

Requesting Agency has obtained formal written approval from the Hosting 

Agency.

f) Maintenance or repair of the system performed by any party not authorized 

by the Hosting Agency.

g) Intentional or negligent damage to the system by personnel of the 

Requesting Agency or any other third party.

h) Allowing any unauthorized Requesting Agency personnel or any unauthorized 

third party, for reasons other than preapproved maintenance procedures, to 

attempt to gain or to actually gain access to the components of the system 

software that has been encased in locked subsystems of the system.

i) Disclosure of, duplication of, or the unauthorized use of any information that 

the Vendor has designated as proprietary information for the system. Such 

proprietary information shall include the system software, including any 

enhancements, any items that may have passed to the Hosting Agency pursuant 

to the Agreement with the Vendor, and any other information that the Vendor 

has specifically designated as proprietary.

j) Failure to maintain responsibility for any replacement or repair costs that are 

directly attributable to the situations that have been listed above in 

subparagraph a through i and that may be imposed upon the Hosting Agency by 

the Vendor, or failure to maintain responsibility for any damages resulting from 

the disclosure, duplication, or unauthorized use of proprietary information 

described above in subparagraph i.

5. Term and Termination

This Agreement will have a term of [insert #] years from execution by the 

Parties, unless terminated as provided herein. The Parties reserve the right to amend 

the Agreement from time to time as needed, including removal of all or part of the 

equipment in response to non-usage or extremely low usage levels. All amendments or 

renewals shall be written and signed by the Parties.

The Hosting Agency may, at its discretion, cancel this Agreement at any time, 

upon thirty (30) days written notice, if the Requesting Agency fails to comply with the 

terms contained herein or if funds for the continued operation of the Hosting Agency’s 

System are not appropriated or in the event of the cancellation of the agreement 

between the Hosting Agency and the Vendor.
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6. Use of the Hosting Agency’s Equipment

The Requesting Agency personnel or the other system users authorized by the 

Requesting Agency shall not use any of the Hosting Agency’s AFIS equipment until and 

unless authorized by the Hosting Agency. The Requesting Agency agrees to take 

reasonable precautions to prevent unauthorized persons from accessing the Hosting 

Agency’s AFIS equipment or software.

7. Notification of Action

The Requesting Agency shall notify the Hosting Agency in writing within fifteen 

(15) days after an initial notification of any legal actions brought by a third party against 

the Hosting Agency, the Vendor, or the Requesting Agency, in an action involving the 

Hosting Agency’s AFIS.

8. Indemnification of the Hosting Agency

The Requesting Agency, to the extent permitted by state or Federal law, agrees 

to indemnify and save harmless the Hosting Agency, its officers, and its employees, 

from and against any and all claims, demands, actions, suits, and proceedings brought 

by others arising out of the terms of this Agreement resulting from the negligence or 

other tortious conduct of the Requesting Agency, including but not limited to any 

liability for loss or damage by reason of any claim of false imprisonment or arrest.
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9. Effective Date

This Agreement shall become effective when signed by the executive official of 

the Hosting Agency or designee and the executive official of the agency designated as 

the Requesting Agency having the authority to contract on behalf of the Requesting 

Agency.

THE HOSTING AGENCY THE REQUESTING AGENCY

By: By:

Title: Title:

Date: Date:

ACKNOWLEDGMENT CLAUSE

State of 

County of 

On the [insert date] day of [insert month] in the year [insert year] before 

me personally came [insert name] to me known, who, being by me duly sworn, 

deposes and says that s/he is the [insert title] of the [insert agency], the entity 

that executed the above instrument, that s/he was authorized by and did 

execute the same at the direction of said entity, and that s/he signed his/her 

name thereto.

Notary Public
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The example template below provides possible text to be used in developing the Operational 

Responsibilities document. Agencies may copy this text directly but should review it carefully to 

agree on the structure of the agreement. Because this section would likely be included as an 

attachment to an MOU, no separate signature page has been included.

Example Language

1. Introduction

The purpose of this document is to summarize the responsibilities of the parties 

involved in the operation of the Latent Print Processing Agreement.

The relevant parties are [insert name of agency A] (hereinafter referred to as the 

Hosting Agency) and [insert name of agency B] (hereinafter referred to as the 

Requesting Agency). The foregoing are collectively referred to as Parties. 

The document describes the relationship of the Hosting Agency and the Requesting 

Agency for a number of functions.

2. Organizational Responsibilities

Responsibilities of the Hosting Agency

The Hosting Agency shall

 accept and retain title to the AFIS equipment and software licenses purchased 

by the Hosting Agency for use at the site;

 implement system-wide changes;

 provide staff support to the Requesting Agency as necessary;

 serve as prime contact with the Vendor for AFIS hardware and software;

 make no publicity releases resulting from the use of AFIS by the Requesting 

Agency without prior approval of the Requesting Agency to determine that no 

un-apprehended suspects would be directly or indirectly identified; and

 confer as needed.
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Responsibilities of the Requesting Agency

The Requesting Agency shall do the following:

 Identify potential uses within boundaries.

 Appoint a manager who will act as a liaison between the Hosting Agency and 

the Requesting Agency. Notification of manager appointments should be via 

hard-copy message to the manager at the Hosting Agency. The manager shall 

participate in meetings as required.

 Recommend procedural changes to the Hosting Agency.

 Comply with the Hosting Agency’s requirements for safeguards against 

improper use of proprietary information, including ensuring information is 

properly secured during transmission within the local network.

 Make no publicity releases resulting from the use of AFIS at the Requesting 

Agency without prior approval of the investigating agency to ensure that no 

un-apprehended suspects would be directly or indirectly identified.

 Submit appropriate reports and other necessary data as required by the Hosting 

Agency.

3. System Operation and Access

The System Operation and Access section contains items such as maintenance 

procedures, warranty provisions, security of equipment, physical access to equipment, 

and processing priorities.

Responsibilities of the Hosting Agency

The Hosting Agency shall

 administer a system-wide maintenance contract with the Vendor;

 establish system-wide processing priorities and revise as necessary;

 monitor AFIS usage and system processes at the Requesting Agency;

 provide a help desk accessible to report problems and outages; and

 provide search capabilities to the Requesting Agency in a manner so as not to 

interfere with the Hosting Agency’s normal workflow.

The Requesting Agency’s searches will take a lower priority and may be restricted to 

off-peak hours and weekends. (Option: Search shall be limited to between [insert time]

to [insert time] during weekdays and [insert time] to [insert time] during weekends.)
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The Hosting Agency may restrict the number of

 latent to ten-print searches to [insert #] per day or [insert #] per week;

 ten-print to latent searches to [insert #] per day or [insert #] per week;

 latent palm to palm searches to [insert #] per day or [insert #] per week; and/or

 latent palm to latent palm searches to [insert #] per day or [insert #] per week.

Responsibilities of the Requesting Agency

The Requesting Agency shall

 be open during normal business hours;

 promote maximum effective usage;

 follow all approved AFIS procedures regarding processing of Unsolved Latent 

(UL) Cases (if permitted);

 conduct periodic validation of case status of the Unsolved Latent File (ULF), 

including UL and UL palms if permitted, as requested by the Hosting Agency;

 schedule preventive maintenance with the Vendor and inform the Hosting 

Agency and users of scheduled downtime, complying with trouble reporting 

procedures;

 provide for restricted access to the AFIS equipment area and for the physical 

security of AFIS equipment, including transmission facilities and equipment;

 comply with all the AFIS “conditions of use” provisions contained in the body of 

this Agreement;

 provide verification of search candidates in a timely manner, not to exceed 

[insert #] days;

 process search result verifications in a timely manner, not to exceed 

[insert #] days;

 keep an updated list of authorized users;

 provide for a transfer of cases on the system when a qualified user retires, 

transfers, or leaves the agency, if appropriate;

 provide at least thirty (30) days advance notification of site relocation to the 

Hosting Agency;
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 run such accuracy tests as may be required by the Hosting Agency and inform 

the Hosting Agency of any significant deviation in test results;

 follow such other procedures as the Hosting Agency may specify for the purpose 

of ensuring the security of the Hosting Agency information; and

 remove cases from Hosting Agency within [insert #] days, if appropriate, or as 

requested.

4. Site Preparation (If Applicable)

The Site Preparation section includes the major site preparation, evidence processing, 

and data communications responsibilities of the Parties, and is applicable only to a new 

Requesting Agency coming into the Agreement.

Responsibilities of the Hosting Agency

The Hosting Agency shall do the following:

 Monitor the efforts of all entities involved in system installation. The Hosting 

Agency shall be the primary contact between the Requesting Agency and the 

Vendor for AFIS hardware and software, as well as telecommunications 

personnel.

 Determine the scheduling of the equipment installation, data communications 

network components, etc.

Responsibilities of the Requesting Agency

The Requesting Agency shall do the following:

 Install and bear all costs for necessary AFIS telecommunications support 

associated with the AFIS equipment purchased by the Hosting Agency for use at 

the site, except where mutually agreed that the local entity elects to use 

existing facilities. Such equipment may include, but is not limited to, 

transmission lines, communications processors, network communications

software, and communications monitors.

 Assume all cost involved in physically preparing the Requesting Agency to 

receive the equipment and associated power, heat, or conditioning and other 

operating costs with the exception of communications line.

Designate a site liaison, specify the exact physical location for the terminal, 

and ensure that the site is ready for equipment/software installation.
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5. Training

The Training section contains the major AFIS training responsibilities.

Responsibilities of the Hosting Agency

The Hosting Agency shall

 provide an orientation and training program on AFIS use to the Requesting 

Agency as needed; and

 provide additional information and/or training on any AFIS updates/changes.

Responsibilities of the Requesting Agency

The Requesting Agency shall

 coordinate AFIS-related training in conjunction with the manager at the Hosting 

Agency;

 suggest new AFIS training procedures as needed;

 provide training sessions to other Requesting Agency personnel and User 

Agency examiners subsequent to the Hosting Agency/Vendor-provided training 

session, which should include instruction on the Requesting Agency’s AFIS 

procedures;

 conduct updates and refresher training as needed; and

 submit qualifications of users to the Hosting Agency for authorized AFIS user 

status (see User Qualifications).

6. UL Cases (If Permitted)

The UL Cases section details the responsibilities associated with the entering and 

verifying of cases in the ULF.

Responsibilities of the Requesting Agency

The Requesting Agency shall

 develop site criteria for the entry/deletion from the ULF;

 enter cases into the UL and UL palm file that meet site criteria;

 delete UL and UL palm cases after an identification has been made;

 verify all UL fingerprint/ten-print and Unsolved Palm print (UP)/palm print cases

within [insert #] days or [insert #] weeks of appearance in the verification 
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queue; and

 verify all ten-print/ten-print and UP/UP cases within [insert #] days or

[insert #] weeks of appearance in the verification queue.

7. Cost (If Applicable)

The Cost section contains the parties’ responsibilities for the cost of system 

components and services.

Responsibilities of the Hosting Agency

The Hosting Agency shall

 retain title to all hardware purchased by the Hosting Agency;

 provide AFIS software licenses for AFIS equipment purchased by the Hosting 

Agency;

 provide a maintenance contract for AFIS equipment purchased by the Hosting 

Agency; and

 provide all data communications network costs for AFIS equipment purchased 

by the Hosting Agency.

Responsibilities of the Requesting Agency

The Requesting Agency shall provide the following:

 salary and fringe benefits for personnel employed at the Requesting Agency

 all site modifications necessary to install AFIS

 facility operating expenses (i.e., heat, light, and air conditioning)

 any local facility costs incurred

 any charge for labor or travel imposed by the Vendor for violation of the AFIS 

“condition of use” provisions contained in the original agreement document or 

for damages caused by food or liquid spills

 travel and per diem expenses connected with any meeting with the Hosting 

Agency
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The template below provides language that could be used by agencies developing standards for 

AFIS user qualifications. Agencies should carefully review the text and amend where necessary 

to align with existing agreements and system requirements. Because this section would likely 

be an attachment to an MOU, no separate signature page is included.

Example Language

1. Purpose of the Guidelines

The purpose of these guidelines is to ensure a level of proficiency and expertise in 

latent print examiners who are authorized to conduct latent print searches on the 

automated fingerprint identification systems (AFIS) of other local and state criminal 

justice agencies. As latent print examiners, they must exhibit a high level of 

professionalism in latent print searches on their native systems. As a guest authorized 

to search another system, their conduct must be beyond question.

The relationship between the Hosting Agency and the Requesting Agency is built upon 

professional competency, adherence to procedures and regulations, and trust. Any 

perceived or real action that violates these conditions could nullify the Agreement and 

terminate access.

2. Introduction

Access to latent print identification services at other locations provides additional 

opportunities to make latent print identifications on those individuals not identified on 

the native system. In addition to current cases, examiners may wish to search cold 

cases and those cases residing in the Unsolved Latent File (ULF).

This access allows a latent print examiner from the Requesting Agency to search the 

files of the Hosting Agency as a guest.

3. Training and Certification

To gain and maintain access to the latent print services of the Hosting Agency, latent 

print examiners of the Requesting Agency must exhibit competency in latent print 

identification, AFIS latent print processing of the native systems, and the unique 

features of programs and procedures used to search other Hosting systems. Examiners 

will need to be familiar with Extended Feature Set user guidelines and Universal Latent 

Workstation procedures. Additionally, the examiners must be aware of and follow all 

procedures formally agreed to by the Hosting and Requesting Agencies.
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Technical Training Required

 Minimum eighty (80) hours of training in latent print matters

Basic Experience Required

 Minimum two (2) years of full-time experience in the comparison and 

identification of latent print material and related matters

and

 Minimum one (1) year of experience in AFIS latent print searches

Education Requirements

 A Bachelor’s Degree plus two (2) years of full-time experience

or

 An Associate’s Degree or documentation of sixty (60) semester hours or ninety 

(90) quarter hours of college credits, plus three (3) years of full-time experience 

as a latent print examiner

or

 Four (4) years of full-time experience as a latent print examiner

Recognition as a Certified Latent Print Examiner by the International Association for 

Identification will serve to meet the technical training requirement and the two (2) year 

full-time experience requirement.

Competency in AFIS functionality includes all of the established workflow processing 

paths routinely used in the Requesting Agency, the Vendor’s AFIS Latent Print Examiner 

Manual, and the primary function-oriented tasks that identify all of the specific system 

functions listed in the manual.

4. Nomination and Acceptance Process

The manager of the Requesting Agency will recommend to the manager of the Hosting 

Agency those examiners seeking authorization to latent print processing. The request 

should include information, including but not limited to, the following:

 name

 title/rank

 length of time as latent print examiner

 credentials as noted above

 level of access requested (e.g., limited or full)
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The manager of the Hosting Agency will review the requests and respond within 

[specify #] days as to whether access has been granted, an effective termination date, 

and any sunset or other provisions.

5. Suspension/Termination of Access

Access to the Hosting Agency may be suspended or terminated under the general 

provisions of the Memorandum of Understanding.
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ABBREVIATION LIST

AFIS—Automated Fingerprint Identification System

CJIS—Criminal Justice Information Services

FBI—Federal Bureau of Investigation

MOU—Memorandum of Understanding

NIJ—National Institute of Justice

NIST—National Institute of Standards and Technology

OLES—Law Enforcement Standards Office

POC—Point of Contact

UL—Unsolved Latent

ULF—Unsolved Latent File

UP—Unsolved Palm

WAN—Wide Area Network