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HomeMy WebLinkAboutFCS-13-180 - Delegation of Authority - MTO AgreementsStaff Report KT R Finance and Corfiorate Sery ces Department WWW.kftX 'n :(a REPORT TO: Committee of the Whole DATE OF MEETING: November 25 2013 SUBMITTED BY: Lesley MacDonald, City Solicitor and Director of Legal Services, 519- 741 -2200 ext. 7267 Michael Goldrup, Director of Human Resources, 519 -741- 2200 ext. 7177 PREPARED BY: Lesley MacDonald, City Solicitor and Director of Legal Services, 519- 741 -2200 ext. 7267 Michael Goldrup, Director of Human Resources, 519 -741- 2200 ext. 7177 WARD(S) INVOLVED: N/A DATE OF REPORT: REPORT NO.: November 13 2013 FCS -13 -180 SUBJECT: DELEGATION OF AUTHORITY TO EXECUTE MINISTRY OF TRANSPORTATION AGREEMENTS TO DIRECTOR OF HUMAN RESOURCES AND IN HIS ABSENCE,THE MANAGER OF CORPORATE HEALTH AND SAFETY RECOMMENDATION: That Council delegate to the Director of Human Resources, and in his absence, the Manager of Corporate Health and Safety, the authority to execute Ministry of Transportation (MTO) Driver Certification Program (DCP) agreements prepared by the MTO. These agreements are pertaining to the securement of authority to provide classified licensing training programs and testing for the City; said agreements to be to the satisfaction of the City Solicitor and further that if changes are sought to any of the substantive portions, the changes must be reviewed and approved by the Legal Division prior to execution. BACKGROUND: The MTO DCP program provides private companies or employers the authority to conduct MTO required and standardized training, license testing, license upgrades and license renewals. The program requires that the participating organization have both a Recognized Authority (RA) to oversee the application of the program and ensure MTO's policies are adhered to and a Signing Authority (SA) who administers and delivers the training, testing and renewals. MTO has auditors to audit each DCP organization to ensure the organization is complying strictly with MTO standards. This includes auditing both the courses delivered, the testing and the record keeping practices of the organization. MTO has proposed several changes to the DCP program including: • Moving to an online testing, renewal and upgrade system IZ • Creating fees for DCP participating organizations(per transaction) • Standardizing course material • Requiring organizations to self -audit and submit audits to MTO rather than MTO staff conducting the audit The City of Kitchener has been granted the ability to renew licenses and test for "Z" endorsement and class "A" licences. This has been in place at the City of Kitchener historically for a number of years. The Vehicle and Equipment Safety Specialist is currently the SA and the Manager of Corporate Health and Safety is the RA for this program. Due to these changes, MTO requires the City of Kitchener to sign a new DCP program agreement by December 1, 2013. REPORT: It is recommended by staff that the authorization to execute the MTO DCP agreement, as prepared by MTO, is granted to the Director of Human Resources and in his absence, the Manager of Corporate Health and Safety. Should changes of substantive portions of said agreement be required, the changes need to be reviewed and approved by legal prior to the execution of the agreement. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Not applicable. FINANCIAL IMPLICATIONS: The cost of participating in the DCP program is less than $2000 annually. This cost is covered by existing budgets. COMMUNITY ENGAGEMENT: Not applicable. CONCLUSION: In order to facilitate various training programs and maintain the service of Ontario classified licensing renewals and upgrades, the City of Kitchener is required to agree to the terms and conditions of the MTO DCP agreement. The delegation of signing authority will assist in the signing of the agreement prior to the MTO deadline. ACKNOWLEDGED BY: Dan Chapman, Deputy Chief Administrative Officer, Finance and Corporate Services IZ