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HomeMy WebLinkAboutSWIFT ENGINEERING INC. - 2014AUG 3 1 201 N -2014 -117 `-ajr 5A14 7 A ANA �W RK CENTER W ORF�SJ.t'E MEMORANDUM OF UNDERSTANDING RIB -CAC Bridges to Engineering Internship Program The following Worksite Memorandum of Understanding ( "MOU" or "Agreement ") sets forth the responsibilities and agreements of the City of Santa Ana, by and through its WORK Center as the Hl B -OC Bridges to Engineering Internship Program administrator ( "WORK Center "), and Swift Engineering Inc., hereinafter referred to as the "Worksite" as of thoZa day of 2014. The purpose of the HIB -OC Bridges to Engineering Internship program is to provide eligible program participants with valuable work experience that will assist in preparing them for future academic and employment endeavors. The total number of participants requested by the Worksite(s) is: c` A. The Workslte ensures and agrees to the following: I. No current Worksite employees shall be displaced by any program participant (including partial displacement, such as a reduction in hours of work, wages or employment benefits). 2. Program participants will not be assigned to a position or duty if any individual is currently on layoff from the same or any substantially equivalent position or duty. 3. Provide an orientation to each Worksito staff member who will supervise program participants. Said orientation shall include, but not be limited to: a) the duties the program participant will perform at the Worksite; b) the number of program participants assigned to each supervisor; c) the number of hours a program participant may work each week; d) any applicable Worksite rules, policies and procedures applicable to the program participants; o) guidelines as to the instructional and evaluation duties of the supervisor relative to the program participants, and i) any applicable State or Federal employment or wage law applicable to the program participant. 4, Provide an orientation to each assigned program participant to include at a minimum: a) Worksite expectations of program participants; b) Worksite policies and procedures (i.e., dress requirements, absenteeism, tardiness, lunch and break time, etc.); c) assignments to be performed by the program participant; d) times, days and location to report to the Worksite for assignments; e) Worksite accident reporting policy; � Worksite safety procedures and requirements; and, g) introduction to his/her supervisor. S. Provide program participants with sufficient meaningful guidance and experiences and educational assignments. 6. Ensure that program participants perform only duties and assignments outlined in the job description developed by the Worksite and approved by the HIB -OC Bridges to Engineering WORK Center staff. 7. Provide continual supervision of every program participant during the workday. 8. Ensure that part-time program participants will not work more than twenty (20) hours per week, unless prior approval by HIB -OC Bridges to Engineering WORK Center staff has been given. Ensure that full -time program participants will not work more than the maximum of forty (40) hours per week. 9, Objectively evaluate the performance of each program participant. 10, Adhere to all State and Federal wage, labor and employment laws. 11. Comply with Title VI of the Civil Rights Act of 1963 forbidding discrimination in employment. 12. Maintain a hazard -free and sanitary working environment for program participants, and make certain all safety rules are followed. 13. Maintain program participants' time and attendance records on a daily basis and ensure the participant and supervisor sign time cards. Time cards should be reviewed on the last day of the pay period and ready to be £axed or e- mailed to the WORK Center on the designated day. 14. Maintain a copy of this MOU and the HIB -OC Bridges to Engineering Internship handbook on hand at Worksite, and medical release (if required). Post all required Worker's Compensation Information Bulletins in an area visible to program participants and supervisors. 15. Ensure that H1B -OC Bridges to Engineering WORK Center staff are notified of any program participant employment problems at the earliest possible time. 16, Report all program participant accidents and injuries no less than 24 hours after the incident Occurs. 17. Worksite supervisors shall allow designated HIB -OC Bridges to Engineering WORK Center staff, and State and Federal officials to perform on -site monitoring and visitation while program participants are present. 18. Program participants will not be discharged from the Worksite unless first cleared with HIB -OC Bridges to Engineering WORK Center staff. 19. Follow all rules and regulations governing the HIB -OC Bridges to Engineering Internship program. B. The WORK Center and the H1B-OC Bridges to Engineering Internship Program ensure and agree to ffulfYll the following: 1. Provide an orientation to Worksite supervisors concerning Intemsbip guidelines, California Labor Laws, California Child Labor Laws and Program procedures. 2. Provide handbooks to program participants and Worksite supervisors that include an orientation to the HlB -OC Bridges to Engineering Internship Program and outlines their responsibilities as a participant/supervisor. a. Provide program participant time cards to Worksite. 4. Process H1B -OC Bridges to Engineering Intern Program participant payroll and ensure wage payment to program participants. The WOR.IC Center shall provide all required compensation to the program participants in accordance with the regulations of the H13-OC Bridges to Engineering Intern Program. The Worksite shall be free of any responsibility for the payment of any compensation to the program participants. 5. Monitor program and Worksite activities, and provide assistance to program participants and Worksite supervisors when needed. 6. Provide coverage for medical costs and applicable expenses for eligible Worksite injuries suffered by program participants through the City of Santa Ana's Workers' Compensation Program. 7. Ensure that all program participants assigned to the Worksite are legally permitted to work in the United States in compliance with the rules and regulations of the U.S. Department of Labor, the Customs and Immigration Enforcement Agency and any other applicable governing body. 8. WORK Center agrees to keep confidential and not use, except in connection with the administration of the H1 B -OC Bridges to Engineering Intern Program, any information which is provided to WORK Center by the Worksite for any reason and/or developed by program participants while performing duties or assignments at the Worksite, including, without limitation, information concerning Worksite's products, manufacturing processes, customers, product pricing, and technical know -how, unless and until Worksite consents to such disclosure in writing, or unless such information otherwise was previously known to the WORK Center or program participants as documented by the WORK Center in writing, or becomes generally available to the public through no fault of the WORD Center or the program participants. If WORK. Center receives a subpoena or other process demanding Worksite's confidential information, and if WORK Center must comply with the demand, WORK Center shall inform Worksite and allow Worksite reasonable time to seek a protective order. The obligations of non- use and confidentiality of such information shall survive the termination of this MOU. WORK. Center agrees that it shall, if requested by Worksite, make the execution of any reasonable confidentiality agreement by a program participant a requirement to eligibility or participation in the HIB -OC Bridges to Engineering Intern Program. 9. WORK Center shall indemnify and hold harmless Worksite from and against any claims, liabilities, or expenses, including attorney fees and costs, arising from the assertion by any third party, including any program participant assigned to the Worksite, relating to the obligation to pay any wages and benefit, or any program participant's eligibility to work in the United States. C. The WORK Center and the Worksite agree as follows: 1. The WORK Center agrees to and shall indemnify and hold harmless the Worksite, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the WORT.{. Center's own negligence, recklessness or willful misconduct or that of its contractors, subcontractors, agents, employees, or other persons acting on its behalf which relates to the WORK Center's services, duties or obligations described in this MOU. The WORK Center further agrees to indemnify, hold harmless, and pay all costs for the defense of the Worksite, including fees and costs for special counsel to be selected by the Worksite, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this MOU. 2, The Worksite agrees to and shall indemnify and hold harmless the WORK Center, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the Worksite's own negligence, recklessness or willful misconduct or that of its contractors, subcontractors, agents, employees, or other persons acting on its behalf which relates to the Worksite's services, duties or obligations described in this MOU. The Worksite farther agrees to indemnify, hold harmless, and pay all costs for the defense of the WORK Center, including fees and costs for special counsel to be selected by the WORK Center, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this MOU. 3. Either Party may terminate this Agreement upon five (5) days written notice for cause should the other party fail to perform any of the terms contained herein. The Worksite reserves the right, in its sole discretion, to release any assigned program participant, or terminate this MOU at any time without cause, upon ten (10) days written notice to WORK Center. The WORK Center may terminate this MOU at any time without cause, upon ten (10) days written notice to Worksitc. 4. This MOU has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 5. Inasmuch as this MOU is intended to secure a specialized relationship with Worksite, Worksite may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the WORK Center and any such assignment, transfer, delegation or subcontract without the WORK Centers prior written consent shall be considered null and void. 6. This MOU represents the complete and exclusive statement between the WORK Ccuter and the Worksite, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this MOU and any attachments hereto, the terms of this MOU shall prevail. This MOU may not be modified except by written instrument signed by the both Parties hereto. Each party to this MOU acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. IN WITNESS WHEREOF, the parties hereto have executed this ,Memorandum of Understanding the date and year first above written, ATTEST: &ZM6 . - -- /" " MvLpuu D. RulZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By;6�Lr� ?,cYa e• Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: C By: Executive Director - CDA For the WORT{ Center City of Santa Ana DAVID CAVAZOS City Manager Worksite — Swift Engineering, Inc. kwn Name: Meg Hewins Title: Director of Human Resources