OPERATING AGREEMENT BETWEEN COMMANDING OFFICER, MARINE CORPS AIR STATION CHERRY POINT AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Transcription

1

2 UNITED STATES MARINE CORPS MARINE CORPS AIR STATION POSTAL SERVICE CENTER BOX 8003 CHERRY POINT, NORTH CAROLINA AND XXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXX OPERATING AGREEMENT BETWEEN COMMANDING OFFICER, MARINE CORPS AIR STATION CHERRY POINT AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX REF: (a) Title 12 U.S.C. 1770, Section 170 of the Federal Credit Union Act of June 26, 1934 as amended (b) DoD Directive , Financial Institutions on DoD Installations, June 9, 2000 (c) DoD FMR Volume 5, Chapter 34 PROCEDURES GOVERNING BANKS, CREDIT UNIONS AND OTHER FINANCINAL INSTITUTIONS ON DOD INSTALLATIONS 1. Background. This Agreement is made and entered into this day by and between the Commanding Officer of Marine Corps Air Station Cherry Point in his official capacity as installation Commander, hereinafter referred to as the Commander and (BANK/CREDIT UNION NAME), having its principal office at (ADDRESS) hereinafter referred to as the bank/credit Union, together hereinafter referred to as the parties. Whereas the commander and the credit union enter into this Operating Agreement upon the mutual consideration of the promises, covenants, and agreemnts herinafter contained. 2. Authority. Authority to enter into this operating agreement is pursuant to Ref (a), Ref (b), and Ref (c). 3. Purpose. The purpose of this Agreement is to set forth the conditions under which (1) the Credit Union will conduct operations at Marine Corps Air Station Cherry Point under and by the charter number 7870 of said Credit Union and the Federal Credit Union Act, reference (a) and (2) the Commander will assist the Credit Union in providing services to its members. 4. Terms and Conditions. a. The parties understand and agree that this Agreement shall in no way modify, change, or alter the terms and Enclosure (1)

3 conditions of Lease Number (lease number) covering the use of real property described therein, and this Agreement shall continue, subject to the termination provisions hereinafter set forth, during the terms of said lease and any extensions thereof. b. The (bank/credit Union) agrees to operate a (federally or state) chartered office on-base in accordance with the policies and procedures set forth in reference (a) and reference (b) as codified in Title 32 of the Code of Federal Regulations. The hours of operations shall be between (9:00 AM and 5:00) PM, on the following days (Monday through Friday), except on government holidays, when government actions such as sequestration reduce the need for branch operations and at the discretion of bank/credit union management, such as during inclement weather, the bank/credit union may be closed. c. The Bank/Credit Union shall provide the following services: (1) Services for Individuals (a) Demand (checking) account services (b) Cashing personal checks and government checks for accountholders (c) Maintaining savings accounts and (any other interest-bearing accounts) (d) Selling official checks, money orders (e) Redeeming United States savings bonds (f) Providing direct deposit service (g) Loan Services (h) Electronic banking (i.e., automated teller machines, internet banking) (2) Services for Disbursing Officers: Not applicable. Installation does not have disbursing office. (3) Services for Non-appropriated Fund Instrumentalities and Private Organizations. 2

4 (a) Demand (checking) account services, including wire transfers (b) Savings accounts and nonnegotiable certificates of deposit or other interest-bearing accounts offered by the banking institution (c) Currency and coin for change. d. Service charges shall be as follows: (1) Service for Individuals (a) No fees shall be charged to individuals for the services listed in subparagraphs 4.c.(1)(b), and 4.c.(1)(e), above, except for subparagraph 4.c.(1)(b), wherein checks drawn on other bank/credit Unions may be treated in accordance with the bank/credit Union s established policy. Any charge to cash a government check shall not exceed that typically charged by bank/credit Unions in the vicinity of the installation. Fees assessed to accountholders and non-accountholders for use of automated teller machines shall be the customary service charges of the bank/credit Union or those negotiated for base personnel per the attached schedule. (b) Checking and savings accounts. Fees for individual checking and savings accounts shall be the customary service charges of the bank/credit Union. (c) Sale of official checks, money orders, and other types of financial paper. Charges for these services shall be the customary charges of the bank/credit Union operating the onbase office. (2) Service for Disbursing Officers. Not applicable. Installation does not have a disbursing Office. (3) Services for Non-appropriated Fund Instrumentalities and Private Organizations. State the charges or refer to a schedule of charges for funds and organizations that do not participate in a central banking program. For those activities participating in a central banking program determine the compensation to the financial institution by account analysis. e. It is agreed that the bank/credit Union shall: 3

5 (1) Notify its members of any proposed changes to the schedule of fees and services at least 30 days prior to implementation. (2) Follow the requirements in Volume 12, Chapter 33 of the DoD Financial Management Regulation and any changes thereto. (3) Absolve the United States Marine Corps and its representatives of responsibility or liability for the financial operation of the bank/credit Union; and for any loss (including losses due to criminal activity), expenses, or claims for damages arising from Credit Union operations. (4) Indemnify, and hold harmless the United States from (and against) any loss, expense, claim, or demand, including attorney fees, court costs, and costs of litigation, to which the government may be subjected as a result of death, loss, destruction, or damage in connection with the use and occupancy of Marine Corps premises occasioned in whole or in part by officers, agents or employees of the bank/credit Union operating an office of the bank/credit Union. (5) Favorably respond, whenever feasible, to reasonable local command requests for lectures and printed materials to support consumer credit education programs, financial management program and newcomer s briefings. (6) Prominently post in the lobby of the bank/credit Union the name, duty telephone number of the Bank Liaison Officer. (7) Accept the government travel card in all on-base ATMs operated by the bank/credit Union. (8) Abide by the installation fire protection program, including immediate correction of fire hazards noted by the installation fire inspector during periodic fire prevention inspections. (9) Furnish copies of its financial reports and other local publications on an as needed basis in response to a formal request from the installation Commander (or designee). (10) Provide no less than 180 days advance written notice to the installation Commander before ceasing operations. 4

6 f. The Commander shall provide the following space and support: (1) Space requirements for bank/credit Union operations shall be administered in accordance with the existing outgrant (i.e., lease, permit or license). (Lease Number NF(R)-14126). (2) Utilities (i.e., electricity, natural gas or fuel oil, water and sewage), heating and air conditioning, intrastation telephone service, and custodial and janitorial services to include garbage disposal and outdoor maintenance (such as grass cutting and snow removal) on a reimbursable basis. (3) The local Commander shall determine the recurring/frequency requirement for installation access and issue the appropriate installation and/or facility access credential consistent with local security requirements using Government authoritative databases for vetting purposes, as prescribed in Directive-Type Memorandum , Interim Policy Guidance for DoD Physical Access Control. g. Termination of this Agreement shall be consistent with the termination provision of the real property lease and Volume 12, Chapter 33 of the DoD Financial Management Regulation. The Secretary of the Navy shall have the right to terminate this Agreement at any time. Any termination of the right of the bank/credit Union to operate on the installation shall render this Agreement terminated without any applicable action by the Commander. h. Any provision of this Agreement that is contrary to or violates any laws, rules, or regulations of the United States, its agencies, or the state of North Carolina that apply on federal installations shall be void and have no force or effect; however, both parties to this Agreement agree to notify the other party promptly of any known or suspected continuing violation of such laws, rules, or regulations. i. So long as this Agreement remains in effect, it shall be reviewed jointly by the Commander and the bank/credit Union at least once every 5 years to ensure compatibility with current DoD issuances and to determine if any changes are required to the Agreement. 5

7 5. Approval & Effective Date. IN WITNESS WHEREOF, the Commander and the bank/credit Union, by their duly authorized offices, have hereunto set their hands as dated below. 6. Expiration Date: This agreement is effective through December 19, BANK/CREDIT UNION OFFICIAL DATE INSTALLATION COMMANDER DATE NAME POSITION/TITLE INSTITUTION NAME MCAS Cherry Point T. W. FERRY Colonel, U.S. Marine Corps Commanding Officer MCAS Cherry Point, NC 6

8 Department of Defense INSTRUCTION NUMBER January 16, 2009 USD(C) SUBJECT: Financial Institutions on DoD Installations References: (a) DoD Directive , Financial Institutions on DoD Installations, June 9, 2000 (hereby canceled) (b) DoD Instruction , DoD Directives Program, October 28, 2007 (c) DoD Directive , Under Secretary of Defense (Comptroller) (USD(C))/ Chief Financial Officer (CFO), Department of Defense, January 6, 1997 (d) DoD R, Volume 5, Chapter 34, Department of Defense Financial Management Regulation (FMR), November 2008 (e) Title 12, United States Code (f) Part 230 of title 32, Code of Federal Regulations, current edition 1. PURPOSE. This Instruction: a. Reissues Reference (a) as a DoD Instruction in accordance with the guidance in Reference (b) and the authority in Reference (c). b. Updates policies and responsibilities for financial institutions that serve DoD personnel on DoD installations worldwide. Implementing guidance is located in Reference (d). c. Prescribes consistent arrangements for the provision of services by financial institutions among the DoD Components and requires that financial institutions operating on DoD installations provide, and are provided, support consistent with the policies stated herein. 2. APPLICABILITY. This Instruction applies to: a. OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the Department of Defense (hereafter referred to collectively as the DoD Components ). Enclosure (2)

9 DoDI , January 16, 2009 b. All nonappropriated fund instrumentalities, including the Military Exchange Services and morale, welfare, and recreation activities. 3. DEFINITIONS. Terms used in this Instruction are set forth in Reference (d). 4. POLICY. It is DoD policy that: a. Except where they already existed as of May 1, 2000, no more than one banking institution and one credit union, as established in chapter 14 of title 12, United States Code (Reference (e)) shall be permitted to operate on a DoD installation consistent with part 230 of title 32, Code of Federal Regulations (Reference (f)). b. Upon the request of an installation commander and with the approval of the Secretary of the Military Department concerned (or designee), duly chartered financial institutions may be authorized to provide financial services on DoD installations to enhance the morale and welfare of DoD personnel and facilitate the administration of public and quasi-public funds. Arrangement for the provision of such services shall be in accordance with this Instruction and the applicable provisions in Reference (d). c. Financial institutions or branches thereof, shall be established on DoD installations only after approval by the Secretary of the Military Department concerned (or designee) and the appropriate regulatory agency in accordance with Reference (d). 5. RESPONSIBILITIES a. The Under Secretary of Defense (Comptroller)/Chief Financial Officer (USD(C)/CFO). The USD(C)/CFO shall develop policies governing establishment, operation, and termination of financial institutions on DoD installations and take final action on requests for exceptions to this Instruction. b. Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)). The USD(AT&L) shall monitor policies and procedures governing logistical support furnished to financial institutions on DoD installations, including the use of DoD real property and equipment. c. Under Secretary of Defense for Personnel and Readiness (USD(P&R)). The USD(P&R) shall advise the USD(C)/CFO on all aspects of on-base financial institution services that affect the morale and welfare of DoD personnel. d. Heads of the DoD Components. The Heads of the DoD Components shall adhere to responsibilities pertaining to this Instruction and as set forth in Reference (d). 2 Enclosure (2)

10 DoDI , January 16, RELEASABILITY. UNLIMITED. This Instruction is approved for public release and is available on the Internet from the DoD Issuances Web Site at 7. EFFECTIVE DATE. This Instruction is effective immediately. Acting Under Secretary of Defense (Comptroller)/ DoD Chief Financial Officer 3 Enclosure (2)

11 Enclosure (3)

12 Enclosure (3)

13 Enclosure (3)

14 Enclosure (3)

15 Enclosure (3)

16 Enclosure (3)

17 Enclosure (3)

18 Enclosure (3)

19 Enclosure (4)

20 Enclosure (4)

21 Enclosure (4)

22 Enclosure (4)

23 Enclosure (4)

24 Enclosure (4)

25 Enclosure (4)

26 Enclosure (4)

27 Enclosure (4)

28 Enclosure (4)

29 Enclosure (4)

30 Enclosure (4)

31 Enclosure (4)

32 Enclosure (4)

33 Enclosure (4)

34 Enclosure (4)

35 Enclosure (4)

36 Enclosure (4)

37

38