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HomeMy WebLinkAbout2001-090 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2001-90 being a by-law to authorize the execution of the Memorandum of Understanding between The Ontario Association of Fire Chiefs ("OAFC"), Her Majesty the Queen in Right of the Province of Ontario as represented by the Office of the Ontario Fire Marshal of the Ministry of the Solicitor General ("OFM"), Durham College of Applied Arts and Technology and the Corporation of the Municipality of Clarington respecting the Pre-Service Firefighter Education and Training Model and Program. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the corporation seal, the Memorandum of Understanding between The Ontario Association of Fire Chiefs ("OAFC"), Her Majesty the Queen in Right of the Province of Ontario as represented by the Office of the Ontario Fire Marshal of the Ministry of the Solicitor General ("OFM"), Durham College of Applied Arts and Technology and the Corporation of the Municipality of Clarington, approved by the Council of the Corporation of the Municipality of Clarington on April 17, 2001, with regards to Report FD-06-01 respecting the Pre-Service Firefighter Education and Training Model and Program. 2. THAT the Memorandum of Understanding attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 14th day of May, 2001. By-law read a third time and finally passed this 14th day of May, 2001. MEMORANDUM OF UNDERSTANDING AMONG THE ONTARIO ASSOCIATION OF FIRE CHIEFS ("OAFC") AND HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO as Represented by THE OFFICE OF THE ONTARIO FIRE MARSHAL of THE MINISTRY OF THE SOLICITOR GENERAL ("OFM") AND DURHAM COLLEGE OF APPLIED ARTS AND TECHNOLOGY ("COLLEGE") AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("CITY") March 20, 2001 2 1.0 INTRODUCTION 1.1 Purpose of Memorandum of Understanding The purpose of this Memorandum of Understanding (MOU) is to set out the general agreement whereby the City, through its Fire Department in co-operation with the College, will work together with the OAFC and the OFM in delivering a revised model of provincial pre-service training to prospective firefighters. This model shall be referred to as the Pre- Service Firefighter Education and Training Model and Program ("the Program""). 1.2 Overview of the Program This new model will meet the needs of the Ontario Fire Service for a job candidate that is better prepared and trained for the firefighter role. The Program, based on the revised provincial firefighter standards (year 2000.), and on the current OAFC pre-entry standardized curricula and the firefighter curricula of the Ontario Fire College ("OFC"), will meet the requirements and criteria set out by the Provincial Standards Setting Body's Endorsement Review Board ("the Endorsement Review Board"). The graduate will receive a community college certificate, including general education credits. As well, the graduate will have the opportunity to complete OFM provincial testing, both theoretical and practical, prior to hiring. Upon successful completion of the course and upon being hired by a fire department, the new employee can apply for and receive the OFC Firefighter Certificate of Achievement, the academic requirement for Provincial Firefighter Certification. 1.3 Term and Termination This MOU will take effect on the date of execution by all parties hereto and shall continue in effect until a new MOU, intended to replace this MOU, is agreed to by the parties. This MOU may be terminated by any party prior to implementation of the Program by giving written notice of termination to all other parties at least sixty (60) days prior to implementation of the Program. This MOU may be terminated at any time, by any party giving written notice of termination to all other parties at least 180 days prior to the intended date of termination. 1.4 Process for Review and Amendment To ensure this MOU will continue to reflect the best interests of all parties, a review will be conducted prior to the implementation of the Program. Thereafter, the parties shall meet annually to review this MOU. 704 3 This MOU may be amended at any time by consent of all parties through a written addendum. 2.0 ROLES AND RESPONSIBILITIES 2.1 Roles and Responsibilities of the Ontario Association of Fire Chiefs The OAFC shall ensure that the appropriate Standards are kept updated and will submit any proposed changes thereto to the Professional Standards Setting Body ("PSSB") for approval. Upon such approval, the OAFC shall inform the parties of the changes to the Standards. The OAFC administers the Endorsement Review Board, which shall evaluate any Proposal for Endorsement put forward by the College to ensure that all proposed courses meet the Standards. The OAFC will participate with the OFM in developing the curriculum to be delivered by the College. The OAFC will participate with the OFM in the PSSB Planning Committee, which will consist of two members from OAFC and two members from the OFM. The Planning Committee will update the curriculum to reflect changes in legislation or Standards and will liaise with the College with respect to issues arising from the curriculum. In the interest of quality assurance the OAFC, in concert with the OFM, may formally, by way of audit, or informally review the delivery of the Program by the College. 2.2 Roles and Responsibilities of the Office of the Ontario Fire Marshal The OFM will participate with the OAFC in developing the fire-training curriculum to be delivered by the College. The OFM will participate with the OAFC in the PSSB Planning Committee, which will consist of two members from OAFC and two members from the OFM. The Planning Committee will update the curriculum to reflect changes in legislation or Standards and will liaise with the College with respect to issues arising from the curriculum. The OFM, where it deems appropriate in its sole discretion, will allow the College to use its equipment, facilities or expertise on terms and conditions to be agreed between the OFM and the College. In the interest of quality assurance the OFM, in concert with the OAFC, may formally, by way of audit, or informally review the delivery of the Program by the College. 705 4 2.3 Roles and Responsibilities of the College The College shall submit to the Endorsement Review Board a Proposal for Endorsement which adheres to the curriculum established by the OFM and OAFC. The College shall pay a fee to the Endorsement Review Board upon submitting its Proposal for Endorsement. The current fee is $100, which is subject to change. When the Proposal for Endorsement is approved by the Endorsement Review Board, the College shall adhere to the Proposal for Endorsement in delivering the Program. The College may seek to make arrangements for assistance, equipment and/or facilities from the City through its Fire Department in delivering the Program. The College shall pay the cost of any formal review of its delivery of the Program. The College should clearly identify to all applicants of the Program the physical and other requirements necessary to be employed as a firefighter. 2.4 Roles and Responsibilities of the Fire Department The City through its Fire Department, in its sole discretion, shall assist the College in delivering the Program by sharing equipment, facilities and expertise with the College on such terms and conditions as agreed to by the City through its Fire Department and College. 2.5 Roles and Responsibilities of All Parties During deliberations, each party agrees to maintain confidentiality respecting this Memorandum of Understanding. All parties will jointly agree on any material to be published concerning this model before it may be published. All parties agree to meet on a regular basis to detail the procedures and processes that are required to implement this Program. Each party agrees to disclose to all the other parties issues affecting this model. Each party will appoint representatives to a Working Committee to deal with any operational issues that may arise in delivery of the Program. The Working Committee shall meet at least once a year on an ad hoc basis. 706 5 At least one representative of each party must be present at each meeting of the Working Committee. Should one party not be in attendance, the absent party must ratify decisions before action can be taken. Each party will respect the policies, legislation and regulations that govern the other parties. All parties agree that the outcome of this model must be financially feasible for each party. 3.0 LIABILITY Her Majesty the Queen in right of Ontario as represented by the OFM, Ministry of Solicitor General, the OAFC, employees and agents shall not be liable for any claim whatsoever that any individual, his or her heirs, executors, .administrators, successors or assigns might have in negligence or any other causes of action, suits, damages or demands arising out of the participation in any course/program/activity conducted by any of them or otherwise resulting from this Memorandum of Understanding. THIS AGREEMENT shall be binding upon and enure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF OAFC, OFM and the College have hereunto caused to be affixed their corporate seals under the hands of their duly authorized officers and the City has hereunto caused to be affixed its corporate seal under the hands of its Mayor and Clerk. Signed, Sealed & Delivered ) The Ontario Association of Fire Chiefs in the presence of ) (Title) �f 1 (Title) 707 Her Majesty the Queen in right of the Province of Ontario as represented by The Office of the Ontario Fire Marshal of The Ministry of the Solicitor General JV (Title) Durham College of Applied Arts and Technology ("College") (Title) (Title) The Corporation of the Muni c' ality f Clarington ("City") Mayor f Clerk