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HomeMy WebLinkAboutMINUTES - 10171995 - C60 s�A'k � d - �Po TO: BOARD OF SUPERVISORS Contra FROM: JOAN V. SPARKS, DIRECTOR n. i Costa COMMUNITY SERVICES DEPARTMENT , �- ��... .. DATE: October 5, 1995 County SUBJECT: APPROVAL OF UNPAID STUDENT TRAINING AGREEMENT #38-566 WITH RUBICON PROGRAMS, INCORPORATED SPECIFIC REQUEST(S)OR RECOMMENDATION(S)b BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Community Services Director, or her designee, to execute on behalf of the County, Unpaid Student Training Agreement #38-566 with Rubicon Programs, Incorporated for work experience for eligible Rubicon program participants for the period from October 18, 1995 through September 30, 1996. II. FINANCIAL IMPACT: None. The program participants will be paid an hourly rate by Rubicon Programs, Incorporated. The participants will receive their worksite experience at Community Services Department facilities at no cost to the County. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: Rubicon Programs, Inc. operates a Vocational Training--Work Experience Program for homeless persons currently enrolled in Rubicon services. An eligible participant for Rubicon's program is the parent of a child enrolled in County's Head Start program. One project goal for the County's Head Start Program for 1996-1998 is to develop a system to support job training and employment of Head Start parents. Valuable experience can be acquired by participation in Rubicon Programs, Incorporated Vocational Training--Work Experience Program. The Unpaid Student Training Agreement will be submitted to County Counsel for approval as to form. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON (-7 19APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CNACT: Joan Sparks, 313-7350 1 CC: CAO ATTESTED �- }- ,-t 7. f a 19,5 CSO PHILBATCHELOR•CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY ` ,DEPUTY M382 (10/88) Contra Costa County UNPAID STUDENT TRAINING AGREEMENT Standard Form Number 38-566 1. Contract Identification. County Department: Community Services Subject: Unpaid student training with Department, sponsored by Contractor 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Rubicon Programs, Incorporated Capacity: Nonprofit California corporation Address: 2500 Bissell Avenue, Richmond, California 94804 3. Term. The effective date of this Agreement is October 18, 1995 and it terminates September 30, 1996 , unless sooner terminated as provided herein. 4. Termination. This Agreement may be terminated by either party,.at its sole discretion, upon seven-day advance written notice thereof to the other, or canceled immediately by written mutual consent, subject to termination conditions (if any) set forth in the Program Plan attached hereto and incorporated herein by reference. 5. Program. By this Agreement County agrees to permit unpaid student training by persons (participants)sponsored by Contractor under the following conditions: a. Services provided under this Agreement are volunteer services, and participants obtain no employment rights with, or employment benefits from, the County, by virtue of this Agreement or service hereunder. Agreement, in the form attached hereto, is required of every participant. b. Upon approval by County's Board of Supervisors this Agreement shall be an authorized volunteer program. The County's volunteer policy and the County Administrator's rules and procedures for authorized volunteer programs attached hereto, are applicable with respect to this Agreement, and are incorporated herein by reference together with any amendments thereto, subject nevertheless to the terms of this Agreement. C. Other contract terms and conditions are expressed in the Program Plan attached hereto and incorporated herein by reference. 6. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association. 7. Indemnification. Except for those activities of participants covered by the County's Volunteer policy, each party and its employees, agents and officers shall be indemnified and held harmless against any and all claims, demands, or causes of action allegedly arising out of any act or omission arising as a result of the services provided in this agreement, of any officer, agent, or employee of the other party, or resulting from the conditions of any property owned or controlled by the other party. 8. Legal Authority. This Agreement is entered into under and subject to the following legal authority: California Government Code Sec. 26227. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By By Designee Recommended by Department (Designate official capacity) By Designee (Form approved by County Counsel) PROGRAM PLAN Number 38-566 1. Purpose of the Program. Rubicon Programs Incorporated (hereinafter referred to as Contractor)conducts a training program for its program participants (hereinafter "participant(s)")in cooperation with County's Department. The Contractor desires to have participant(s), enrolled in this program, receive work experience and instruction from the County, and the County is willing to provide such instruction under the terms and conditions hereinafter set forth. Therefore, the parties will undertake a program whereby such instruction and experience will be provided in accordance with the Work Experience Service Plan mutually agreed to by the parties. 2. Contractor's Obligations. In participating in this program, Contractor shall: a. Designate participant(s) for participation in the work experience conducted pursuant to this Agreement; b. Suggest dates for the work experience periods, and cooperate with County's Department in establishing assignment schedules consisting of specific dates for the placement of a specific number of participant(s)s with the County for training, which shall be established by mutual agreement of the respective representatives of the County and the Contractor; C. Assign for work experience only those participant(s)s who are prepared to a degree considered adequate by mutual agreement of the parties hereto; d. Make all necessary arrangements so that each participant(s) will: (1) Meet all eligibility requirements for participation in Contractor's Work Experience Program; (2) Agree to execute the County's Unpaid Student Training Participant Agreement upon referral to the training program; (3) Arrange for their own transportation to and from the Community Services Department and for maintenance and housing during work experience training; (4) Channel educational problems to Contractor's staff person responsible for the Work Experience Program; (5) Promptly report illnesses and absence from duty; and (6) Comply with regulations and standards of conduct governing professional personnel in the County Community Services Department. e. Verify, at request of County, that the Contractor has in full force and effect during the term of this Agreement, general liability insurance for participant(s)s designated for participation pursuant to this Agreement with a coverage of at least Five Hundred Thousand Dollars ($500,000) for the activities of the participant(s) pursuant to this Agreement. Initials: 1 Contractor County Dept. PROGRAM PLAN Number 38-566 3. County's Obligations. In participating in this program, County shall: a. Comply with all State statutes and regulations applicable to the training of participant(s)s enrolled in the Contractor's program; b. Accept for work experience those participant(s)s assigned by the Contractor for such a period and in such numbers as may be mutually agreed; C. Provide the participant(s) with learning experiences needed to meet the objectives of the training program mutually agreed to by the parties in accordance with the Work Experience Service Plan referenced in Paragraph L, above; and d. Have the right to terminate the participation of any participant(s) in the work experience for failure to follow the instructions of County, or for any other reason deemed adequate by County. In the event of such termination, County shall give prompt written notice to the Contractor. 4. Joint Obligations. County and Contractor shall jointly: a. Plan a participant(s) training program including course content and participant(s) assignment schedule so as to provide a sound and effective educational program; b. Review the program at the end of each training period in order to evaluate progress and recommend changes for the next consecutive training period; and C. Plan for periodic review of this Agreement. 5. Participants' Obligations. Participants shall: a. Execute the County's Unpaid Student Training Participant Agreement upon referral to the training program; b. Abide by County policies and regulations; C. Conduct themselves in an appropriate professional manner consistent with responsibility; d. Comply with applicable County, State and Federal regulations respecting disclosure of information and access to, and removal of, records and/or information contained therein. 6. Contractor, County and Participant Agreement. Notwithstanding the authorization for reimbursement for actual and necessary expenses (including a flat mileage rate of $0.15 per mile for use of personal vehicles) of authorized volunteer services set forth in the final paragraph of attached Contra Costa County Policy Statement on Volunteers, participant shall be entitled to no reimbursement by County for said expenses while engaged in the training program covered by this Agreement. Initials: 2 Contractor County Dept. Contra Costa County Standard Form UNPAID STUDENT TRAINING PARTICIPANT AGREEMENT The County of Contra Costa and the Participant named below agree as follows: 1. Participant will engage in training for a Contra Costa County Department pursuant to a contract between the County and a contractor sponsoring the participant. 2. Participant agrees that in connection with such training, participant is a volunteer, subject to the County's volunteer policy and regulations, and will obtain no employment rights or employment benefits from the County and waives any claim to any employment rights or benefits from Contra Costa County based upon participant's training services, whether or not authorized under such contract. 3. Participant further agrees: "I have read the Contra Costa County Policy Statement on Volunteer Programs. In return for the benefits provided by Contra Costa County in case of my illness, injury, death, or third party liability while providing, or resulting from acts or occurrences within the scope of my authorized volunteer services, and for my right to authorized expense reimbursement, I waive any claim on my behalf and on behalf of my heirs, representatives, and assigns against the County of Contra Costa or any of its agents, servants or employees for illness, injury, debts or other harm arising from my volunteer services, whether or not authorized." 4. Participant has read and understands the Unpaid Student Training Agreement (identified below) between the County and participant's sponsoring contractor and agrees to and is bound by the terms of that contract. 5. County or participant may terminate this agreement upon three day's notice or without prior notice, for cause; or by mutual consent; otherwise this agreement terminates upon termination of the agreement between the County and participant's sponsoring contractor. 6. This agreement is made in consideration of the County accepting participant for training. 7. Neither the County nor any agent, officer, servant, or employee of the County shall undertake or incur any liability or other responsibility respecting the quantity, quality, kind, or value of the training of participant and no warranty, express or implied shall exist in that regard. 8. Entire Contract. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 9. Identification of Unpaid Student Training Agreement: Number 38-566 Contractor Rubicon Programs Incorporated County Department Community Services CONTRA COSTA COUNTY PARTICIPANT (Signature) By (Designee) (Print Name) CONTRA COSTA COUNTY POLICY STATEMENT ON VOLUNTEER PROGRAMS The use of volunteers in performing specific services is a valuable resource and provides an avenue for citizen participation in various County programs which is recognized as being of public benefit. In recognition of the benefits which may be derived from volunteer services, it is hereby declared that it shall be County policy to encourage and promote volunteer programs determined to be in the public interest. It is County policy that volunteers will not replace County employees but will provide services to supplement or enrich regular County programs and services. This policy statement is designed to provide the framework for all County volunteer programs and activities. The following guidelines are adopted for volunteer programs: VOLUNTEER PROGRAMS A complete description of each volunteer program shall be submitted by the department head to the County Administrator for review and presentation to the Board of Supervisors with his recommendation. Factors to be considered in evaluating programs are the need for and public benefit to be derived from the volunteer- program, associated County cost and staff . effort required for such a program, the potential for injury to volunteers, and the possibility for injury to others including injuries giving rise to possible liability claims. Regulations and procedures including, but not limited to, such matters as eligibility, training, supervision and roster control, may be promulgated by the County Administrator for guidance of departments to assure proper administration and control of volunteer services. VOLUNTEERS A volunteer is defined as a person who renders services gratuitously and has been accepted in the volunteer program. The volunteer is not an employee of the County. In recognition of the benefit to the County derived from volunteer services, authorized volunteers serving in programs approved by the Board of Supervisors shall be provided the benefits indicated below. 1 CONTRA COSTA COUNTY POLICY STATEMENT ON VOLUNTEER PROGRAMS 1. Iniury to volunteer. Authorized volunteers are not under the purview of the workers ' compensation laws of California. In lieu thereof and in return for the volunteers waiver of any claim against the County for illness, injury or other harm arising from acts or occurrences while providing volunteer services, the County shall provide, in the case of authorized volunteer services, through self-insurance, for reimbursement of medical expenses and minimum permanent disability compensation equal to that afforded under the workers' compensation laws of California, provided, however, that no temporary disability compensation shall be paid and medical expenses shall be limited to reimbursement for expenditures otherwise qualified for reimbursement which are not covered by the volunteer' s health plan, other available insurance coverage, or other third party (i.e. , Federal, State or other payment) . 2 . Public Liability. The County through its self-insurance program shall defend and indemnify volunteers upon request against liability claims initiated by third parties arising out of acts or omissions occurring within the scope of authorized volunteer services, unless the volunteer acted or failed to act because of actual malice, fraud, corruption or gross negligence. Volunteers using personal automobiles in performing authorized services must maintain liability insurance at limits which as a minimum comply with the California Financial Responsibility law and must have a valid driver's license. the protection afforded by the County shall be in excess only of any other valid and collectible public liability or automobile liability insurance maintained by or which provides coverage for the volunteer. Volunteers may be permitted to operate County vehicles in the performance of authorized volunteer services. 3 . Expense Reimbursement. Volunteers shall be reimbursed for actual and necessary expenses in performance of authorized volunteer services at the same rates and in accordance with regulations and procedures established for County employees, except that a flat mileage rate of $0 . 15 per mile for use of personal vehicles will be allowed. No reimbursement will be made for any child care expenses, mileage from the personal residence of the volunteer to the County facility or service location or for damage to personal vehicles of volunteers used when performing authorized volunteer services. 2 Ad.-n inistrative BulletiPContra Number 321 Costa Replaces Office of the County Administrator Co Date ---LZ— County L 7_ County Section -EPn-Qon,n,P SUBJECT: Rules and Procedures to be Followed by County Departments for Authorized Volunteer Programs I . GENERAL This bulletin provides the rules and procedures to be followed by County departments governing entrance, training, and supervising of volunteers under County authorized volunteer programs, including the policies and procedures for reimbursement of expenses; medical and permanent disability benefits; and legal defense and indemnification against liability.. claims initiated by third parties. These regulations and procedures are promulgated in accordance with the policy adopted by the Board of Supervisors. II. RULES AND PROCEDURES County departments shall submit to the Office of the County Administrator a description of each volunteer program, the number of volunteers to be assigned, County staff requirements for coordination and County expenditures and funding involved. Such volunteer program definition, following review by the Office of the County Administrator, shall be forwarded to the Board of Supervisors for approval. After Board approval, rules and procedures, as follows, shall be adopted, and copies forwarded to the County Administrator: A. County departments sponsoring volunteer programs shall have a staff member assigned as a Volunteer coordinator, who will be respon- sibile for the selection and acceptance of volunteers. Personnel matters regarding the volunteers will be referred to the volunteer coordinator. Volunteers will work directly with other staff members and will be under their supervision for each assignment. Each County department will forward to the County Administrator the name and telephone number of the employee(s) assigned as the volunteer coordinator. Volunteers will be provided with initial orientation and training by the _2 volunteer coordinator. Where appropriate, confidentiality requirements shall be explained,. reading materials assigned and discussion groups held on a regular basis with the volunteers. B. The volunteer coordinator will also be respon- sible for requiring volunteers to fill out, read and sign the application form, and if such volunteer is accepted, the volunteer coordinator will fill out the registration form (just below the application form) showing acceptance of the volunteer, date services commence and terminate, any remarks he may wish to include with respect to the capability of the volunteer and limitations as to tasks to be performed, and lastly the service authorized to be performed by the volunteer. If the volunteer is a minor, the parental consent form shall be completed and signed by the parent or legal guardian. Forms to be used by departments are attached. Departments may continue to use forms developed for volunteer programs which include information needed by the department in addition to that indicated on the attachments. Any obvious or suspected disabilities of a volunteer shall be discussed with the County Safety Officer. If reimbursement of actual and necessary expenses in performing volunteer services is contemplated, volunteer must sign Oath of Allegiance form in accordance with established department procedures when registering to perform authorized volunteer services with the County. The volunteer coordinator shall be responsible for mainte- nance of a log listing pertinent information with respect to all authorized volunteers, including date services commenced and terminated. Records are to be retained at least five years from the date of the last volunteer service for subsequent reference on claims which may be presented by either the volunteer or any third party allegedly injured. 3. ' If a volunteer is to use his personal vehicle in the course of authorized volunteer services, he will be required to fill out the "Volunteer Auto Insurance Declaration" form. Volunteers must check with their insurance agent or broker to make certain that liability insurance is extended under their policy while their vehicle is being used for volunteer activities . Auto insurance is required for all volunteers who' will use their personal automobile while performing authorized volunteer services with-at least the following limits: 15,000 for injury to or death to one person 30, 000 for injury to or death to two or more persons in one accident -$5 ,000 for property damage The volunteer must furnish a valid California motor vehicle operators license if he is . to use a vehicle and the license number together with insurance policy number duly noted on the Auto Insur- Rnce Declaration (form attached) . A Certificate of Insurance or other evidence of insurance may be requested and placed on file. III. PROCEDURE IN CASE OF ACCIDENT OR INJURY When a volunteer is injured while performing authorized volunteer services, the supervisor shall arrange for medical care as necessary and appropriate in accordance with normal departmental operating procedures. The volunteer' s supervisor shall. immediately thereafter complete the Supervisor' s Report of Occupational Injuries or Illness (Form AK-30) . The supervisor shall- then forward the form to the volunteer cordinator who within 24 hours shall submit the report throttgh department channels to the Safety Division 'of the Civil Service Office. The form shall indicate that the injured party is a volunteer. A copy of the report must be forwarded to the Office of the County Administrator. All medical bills received by the volunteer not otherwise covered by health insurance, other insurance, or third party pay- ment shall be forwarded to the Office of the County Administrator. Such bills must be itemized and indicate the date of injury. County payments will be made jointly to the volunteer and to the medical provider. Any claims for permanent disability compensation shall be referred to the Office of the County Administrator for review and adjustment. Prior to final settlement and payment. of any such claim, the volunteer shall execute an appropriate form releasing the County from any further liability and agreeing that such compensation shall be the sole and exclusive remedy with respect to the injury sustained. v 4. When there is an accident resulting in third party personal injury or property damage, the appropriate accident report form shall be. completed by the supervisor and forwarded to the volunteer coordinator.' The subsequent procedure to be followed shall bei identical to that applicable as in accidents involving County employees. IV. LIABILITY The County under its self-insurance program upon request shall defend and indemnify the volunteer against liability claims initi- ated by third parties arising from acts or omissions occuring within the -scope of authorized services , unless the volunteer acted or failed to act because of actual fraud, corruption, malice or gross negligence. However, the County shall provide automotive liability insur- ance protection as excess only of the limits under the volunteer' s personal automotive liability policy. Such County insurance rotection does not cover any damages to the vehicle of the volun- teer, including any de cti e provision which must Fe paid. Maintenance of such records as determined necessary to assure that adequate insurance protection is afforded shall be a respon- sibility of the department' s volunteer coordinator. V. REIMBURSEMENT OF EXPENSES Volunteers are eligible to receive reimbursement from the County for certain actual and necessary expenses incurred in the performance of authorized volunteer services . In order to claim expenses , the volunteer must have signed the Oath of Allegiance before any County officer authorized to administer oaths and meet previously described insurance requirements . Volunteers are governed by general County reimbursement policies established for County employees with the exception of mileage- which will be reimbursed at a flat rate of $0. 15 per mile . The Count will not reimburse volunteers for child care expenses , mileage from the volunteer' s residence to the County designate facilityor service location or damage to the volunteer' s personal vehicle inc u ing any e ucti e provisions which are p aid y t e volunteer. The volunteer must provide in ormation to the vow teer coordinator with respect to the automobile liability .iinsurance coverage maintained prior to use of the personal vehicle for volunteer services and reimbursement of mileage claims . .r 5. Volunteers are recognized as a valuable resource in perform- ing services which are not provided by the County. The Board of Supervisors has expressed its .strong support of volunteer programs. These policies and procedures have been developed for the information and guidance of .County staff and volunteers. Acting County Administrator WORK EXPERIENCE SERVICE PLAN Number 38-566 1. County Worksite Obligations. County's worksite shall: a. Prior to placement of participant(s), provide Rubicon Programs, Inc. with complete and accurate job description(s), job classification, and work schedule for each participant in the Work Experience Program accepted by County. A copy of the job description(s) and work schedule shall also be kept on file at the worksite. b. Provide a copy of this agreement to all individuals who are directly responsible for supervising the participant(s) and provide Rubicon Programs, Inc. with the names, work address, if different from the worksite, and the telephone number(s) of the worksite supervisor(s). C. Provide adequate supervision and instruction to each participant on a one-to-one basis when possible. The supervisor shall report immediately to Rubicon liaison, verbally or in writing, when a problem or incident arises either(such as disciplinary problems, absence, etc.). The supervisor shall also complete work performance evaluation for each participant monthly. The supervisor shall meet with Rubicon liaison regarding participant progress and performance on.a schedule acceptable to both parties. d. Provide participant(s) with work experience which is substantially similar to that described in the job description, and provide sufficient work to occupy the participant(s)during the scheduled work week. e. Provide a safe and sanitary work environment. f. Provide participant(s) with orientation on all applicable policies regarding safety, rules of conduct and procedures expected of all employees, and assure that no differentiation in the application of policies based upon age, gender, disability, or race shall be instituted unless dictated by law; i.e., Fair Labor Standards Act or child labor laws of California. g. In the event that participant(s) exhibit work characteristics or work skills which are deemed unacceptable to the worksite supervisor(s), County may terminate the participant(s) and immediately notify Rubicon Programs, Inc. in writing as to the reason for termination. h. Make available to participant(s) appropriate and operable equipment and sufficient materials to learn skills and carry out work experience assignments and, for participant(s) working outdoors, in the event of inclement weather, provide an alternative worksite or terminate the work day. i. Document and maintain accurate records of work experience hours worked by participant(s) and provide necessary attendance verification for the participant to receive compensation from Rubicon Programs, Inc. Worksite supervisor shall sign participant's time sheet twice a month, on the lst and 16th of each month and verify that the number of hours reported are actual hours worked by the participant. j. Assure the work experience activities at the worksite shall not involve the construction, operation, or maintenance of such part of any facility as is used, and assure that the worksite shall not be used for sectarian instruction or as a place of religious worship. Initials: 1 Contractor County Dept. 1 WORK EXPERIENCE SERVICE PLAN Number 38-566 k. Assure that work experience activities at the worksite do not involve political activities in the offices of elected officials, such as City Mayors, County Supervisors, Governor's Office, State Legislators, or members of Congress. 1. Assure that no participant will be placed in or remain working in any position which violates Rubicon's "maintenance of effort" regulations. Rubicon's maintenance of effort clause prohibits any participant(s) from being placed in, or remaining in, any job classification which either: (1) Is under lay-off and the recall expiration date has not yet been reached; (2) Is under lay-off and no recall list/reemployment rights exist, for a period of one year from the last lay-off or until the next operating year of the agency, whichever occurs later; or (3) Is under a hiring freeze. m. Assure that no participant will replace or take the place of worksite's regular employees; nor will any participant(s) be placed in, or remain working in, any position which is affected by a labor dispute. n. Assure that it will report (on required accident forms) any job injury (even first aid type injuries) within 24 hours to Rubicon Programs, Inc., 2500 Bissell Avenue, Richmond, CA 94804, Attention: Personnel Manager. o. Have the option to hire the participant(s) as a County employee or and Independent Contractor at any time during the training program. 2. Rubicon Programs, Inc. Obligations. Rubicon Programs, Inc. shall: a. Provide participant(s), throughout their enrollment in the work experience program, with guidance services in order to prevent or diminish difficulties. b. - Provide all participants with orientation to the work experience program including goals and objectives, appropriate worksite behavior, program rules and regulations, and payroll policies and procedures. C. Refer participants to County's worksite. d. Maintain valid work permits on file for all participants under the age of 18, except 17 year old participants who have graduated from high school. e. Upon assignment of a participant(s) to County: Initials: 2 Contractor County Dept. WORK EXPERIENCE SERVICE PLAN Number 38-566 (1) Advise County of the approximate total number of hours agreed to with the participant(s) for work experience; (2) Monitor the work hours for each participant; and (3) Notify County and participant(s) in a timely fashion of the date upon which the number of hours may be expected to be completed. f. Pay participant(s) wages at the same rate as similarly situated employees or trainees, and insure provision of worker's compensation insurance for all participants. g. Institute a worksite agency monitoring plan, and inform and advise the County of the monitoring plan prior to implementation. h. Be responsible for updating this agreement as necessary to reflect current requirements and conditions, and submit such updates to County for review and approval. 3. Conformance with Federal and State Reaulations. Should Federal or State regulations touching upon the subject of the worksite agreement be adopted or revised during the term hereof, this worksite agreement shall be amended to assure conformance with such Federal and State requirements. To the extent there is a conflict between the provisions of this worksite agreement and Federal and State requirements, the Federal and State requirements shall prevail over the provisions of this worksite agreement. Initials: 3 Contractor County Dept.