Exhibit A to Subpart JJ of Part 2045 - Agreement Form
7:15.1.1.1.4.2.1.7.1 :
Exhibit A to Subpart JJ of Part 2045 - Agreement Form for
utilization of employees of (official title of governing body or
other authorized organization,
i.e., pickens county, ala.,
board of commissioners) by the Farmers Home Administration or its
successor agency under Public Law 103-354
1. This Agreement, date ___ between, __________, a (political
subdivision), (educational), (charitable), (or nonprofit) an
organization of the State of______(hereinafter called the Agency)
and the United States of America acting through Farmers Home
Administration or its successor agency under Public Law 103-354,
U.S. Department of Agriculture (hereinafter called the
Administration) is entered into for the purpose of permitting
certain employees of the Agency (hereinafter called the Agency
employees) to assist in the Administration's effort to provide
agricultural, housing and other assistance for rural people of the
State of______in accordance with Section 331(b) of the Consolidated
Farm and Rural Development Act and Section 506(a), Title V of the
Housing Act of 1949.
2. The Administration certifies that it is empowered by the
current Federal laws cited above, and related rules and
regulations, to accept personnel assistance from the Agency as
provided in paragraphs 4 and 5 below; and that the work assigned to
Agency employees will be useful, in the public interest, could not
otherwise be provided, and will not result in the displacement of
employed workers.
3. The Agency certifies that it has the authority under the laws
of the State of______to enter into this Agreement and to provide
the services agreed upon in the manner provided for.
4. The Administration hereby supplies the Agency with a
narrative description which is made a part of this Agreement as
Attachment “A,” explicitly setting forth the duties, knowledge,
skills, and abilities to be required of Agency employees.
5. The Administration agrees to:
(a) Provide training for and responsible supervision of
qualified and acceptable Agency employees in accordance with
Attachment “A.”
(b) Provide work within the State of______for qualified and
acceptable Agency employees for periods not to exceed eight hours
per day and 40 hours per week.
(c) Provide the office space, tools, equipment, and supplies to
be used by Agency employees in performing work for the
Administration.
(d) Report in the Agency, as required, the time worked by and
work accomplishments of Agency employees.
(e) Consult with the Agency, as necessary, on situations
involving delinquency, misconduct, neglect of work, and apparent
conflicts of interest of Agency employees.
(f) Reimburse Agency employees for proper and reasonable travel
and per diem expenses incurred in performing official duties for
the Administration, in accordance with Administration travel
regulations.
(g) Consider Agency employees to be Federal employees for the
purposes of the Federal Employees Compensation Act (5 U.S.C. 8101)
and of the Federal Tort Claims Act (28 U.S.C. 2671-2680).
6. The Agency agrees to:
(a) Not discriminate against any employee or applicant for
employment because of race, color, religion, sex, age, marital
status, physical handicap, or national origin. The Agency will take
affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their
race, color, religion, sex, age, marital status, physical handicap,
or national origin. Such action shall include, but not be limited
to, the following Employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for
training including apprenticeship. The Agency will post in
conspicuous places, available to employees and appliants for
employment, notices setting forth the provisions of this
nondiscriminating clause.
(b) Obtain fingerprints, police records, and work qualifications
checks on potential assignees, and divulge the results to the
Administration or permit the Administration to obtain this
information.
(c) Assign only Agency employees who are acceptable to the
Administration in terms of meeting the same ability and suitability
standards which are applied to Federal employment.
(d) Pay all salaries and other expenses of Agency employees and
comply with Federal, State, and local minimum wage statutes. No
monies will be paid by the Administration under this agreement,
either to the Agency or its employees.
(e) Consider any Tort claims by third parties under applicable
laws and regulations.
(f) Reassign or terminate the assignment of Agency employees
upon request of the Administration.
7. The Agency and the Administration mutually understand and
agree that the reasons for determining that an Agency employee is
unacceptable or unsuitable for initial or continued assignment to
Administration work may include but shall not be limited to the
following:
(a) Practicing or appearing to practice discrimination for
reasons of race, color, religion, sex, age, marital status,
physical handicap, or national origin.
(b) Being or becoming involved in real or apparent conflicts of
interest, such as, engaging directly or indirectly in business
transactions with Administration applicants or borrowers, or using
or appearing to use the Administration work assignment for private
gain.
(c) Engaging in or having engaged in criminal, dishonest, or
immoral conduct, or conducting himself in a manner which might
embarrass or cause criticism of the Administration.
(d) Being absent from duty without authorization.
(e) Engaging in partisan political activity prohibited to
Federal employees doing similar work.
(f) Lack of work.
(g) Inability of the employee to perform the duties of the
assignment.
8. The term of this Agreement shall commence on the date
thereof. It shall end on________, unless extended by mutual
agreement, or unless terminated earlier by at least (30) days
advanced written notice by either party to the other.
9. The Agency and the Administration respectively certify, each
for itself, that its officer signing this Agreement is duly
authorized thereto.
(Enter Official Title of Agency,
i.e., City Council,
Modesto, Calif.) BY Chairman, City Council, Modesto, Calif. FARMERS
HOME ADMINISTRATION or its successor agency under Public Law
103-354 BY FmHA or its successor agency under Public Law 103-354
State Director for ( ) USDA