- Exhibit A to Subpart JJ of Part 2045—Agreement Form
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