RD Instruction 2045-JJ

PART 2045 - GENERAL

SUBPART JJ - RURAL DEVELOPMENT - UTILIZATION OF GRATUITOUS SERVICES

§2045.1751 [General]{.underline}.

The Administrator, Rural Development is delegated the authority to
collect, service, and liquidate loans made or insured by Rural
Development. The Administrator is authorized to accept and utilize
voluntary and uncompensated services in accordance with Section 331(b)
of the Consolidated Farm and Rural Development Act (Public Law 92-419),
and Section 506(a) of the Housing Act of 1949. These voluntary and
uncompensated services are utilized in implementing operating principles
and practices necessary in carrying out the provisions of the above
cited acts and to promote and achieve the purpose and objectives of
Rural Development\'s credit program.

§2045.1752 [Policy]{.underline}.

Exhibit A, is an agreement form which sets forth conditions by which
Rural Development may accept voluntary and uncompensated (gratuitous)
services from the following sources:

\(a\) Any agency of State government or of any territory or political
subdivision.

\(b\) Nonprofit, educational, and charitable organizations, provided
that no partisan, political, or profit motive is involved either
explicitly or implicitly.

§2045.1753 [Authority to accept gratuitous services]{.underline}.

\(a\) State Directors; Director, Personnel Division; and Assistant
Administrator Accounting and Director, Finance Office are authorized to
accept and utilize gratuitous services offered by the governmental
agencies listed in §2045.1752 (a).

\(b\) Offers received by Rural Development State, District, or County
Offices from sources listed in §2045.1752 (b) shall be transmitted to
the National Office, Attention: Director, Personnel Division, for
decision. Copies of the Articles of Incorporation and By-laws (if the
organization is incorporated), a statement that the organization accepts
the conditions set forth in the agreement form, and evidence that the
organization is financially able to meet the required fiscal obligations
of the agreement should be included.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DISTRIBUTION: WSDC Personnel

General

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RD Instruction 2045-JJ

§2045.1754 [Scope of gratuitous services performed]{.underline}.

\(a\) Gratuitous services accepted in accordance with this subpart may
be utilized to perform any function performed by regular Rural
Development employees (except County Committee Members). However, such
services must not result in the displacement of regular employees. Most
gratuitous services should be performed at the county office level and
conform to standard Rural Development position descriptions. Depending
on current agency needs in a particular office and gratuitous skills
available, a nonstandard position description may be developed and used.

\(b\) In order that gratuitous services may be performed in accordance
with current Rural Development procedures, orientation and other
training will be provided by Rural Development.

\(c\) Persons performing authorized gratuitous services will be held to
the same standard as regular Rural Development employees performing
similar duties. The issuance of, and accountability for, identification
cards and clearance of employee accountability will be as prescribed in
RD Instruction 2024-B which is available in all Rural Development
Offices. Such persons, except Construction Inspectors may, when under
direct supervision of County Supervisors, act as Collection Officers and
be allowed to use receipt books in accordance with RD Instructions
2024-C and 1951-B (and other applicable regulations available in all
Rural Development Offices.)

§2045.1755 [Preparation and disposition of agreement forms]{.underline}.

\(a\) Agreement to accept and utilize gratuitous services MUST BE
IDENTICAL to the attached Exhibit A with such exceptions as may be
authorized by the Office of the General Counsel, Department of
Agriculture.

\(b\) Two copies of each signed agreement form will be forwarded to the
Personnel Division. One copy will be retained in the State or Finance
Office.

§2045.1756 - 2045.1800 \[Reserved\]

Attachment: Exhibit A

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RD Instruction 2045-JJ

Exhibit A

AGREEMENT

FOR UTILIZATION OF EMPLOYEES OF

(Official Title of Governing Body or Other Authorized

Organization; e.g., Pickens County, Alabama,

Board of Commissioners)

BY THE FARMERS HOME ADMINISTRATION

1\. This Agreement, dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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, 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 each Agency employee.

5\. The Administration agrees to:

a\. Provide training for and responsible supervision of qualified and
acceptable Agency employees in accordance with Attachment \"A.\"

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RD Instruction 2045-JJ

Exhibit A

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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 to 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 USC 8101) and of the
Federal Tort Claims Act (28 USC 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 applicants for
employment, notices setting forth the provisions of this
nondiscrimination clause.

b\. Obtain fingerprints, police record, and work qualifications checks
on potential assignees, and divulge the results to the Administration or
permit the Administration to obtain this information.

RD Instruction 2045-JJ

Exhibit A

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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 themselves in a manner which might embarrass or
cause criticism of the Administration.

d\. Being absent from duty without authorization. (Authorization is
required from both the Administration and the agency.)

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.

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RD Instruction 2045-JJ

Exhibit A

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8\. The terms of this Agreement shall commence on the date thereof. It
shall end on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
unless extended by mutual written agreement, or unless terminated
earlier by at least thirty (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.

(Enter Official Title of Agency,

e.g., City Council, Modesto, California)

BY\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Chairman, City Council,

Modesto, California

FARMERS HOME ADMINISTRATION

BY\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Rural Development State Director for

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