HomeMy WebLinkAboutCSD-009-10~n~n REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 27, 2010
Report #: CSD-009-10 File
Resolution #: ~P~ •~' d G-~0
By-law #: 2008-197
Subject: LAKERIDGE HEALTH OSHAWA CARDIOVASCULAR PREVENTION
AND REHABILITATION PROGRAM
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report CSD-009-10 be received;
2. THAT the Mayor and Clerk be authorized to extend the agreement between the
Municipality of Clarington and Lakeridge Health Cardiovascular Prevention and
Rehabilitation Program, for an additional 12 month period; and
4. THAT Ms. Susan Ord of Lakeridge Health be informed of Council's decision.
Submitted by: Reviewed by:~/ r "~-' ~~
s ph P. Caruana Franklin Wu
irector of Community Services Chief Administrative Officer
SM`JPC"Iw
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5506
REPORT NO.: CSD-009-10
PAGE 2
1.0 BACKGROUND
1.1 In 2001, Lakeridge Health introduced the Cardiovascular Prevention and
Rehabilitation Program at their Oshawa campus. Shortly after its inception, the
program was granted government funding through the Ministry of Health and
Long Term Care.
1.2 Program participants are referred to the program by their general practitioner or
cardiac specialist. Once referred, all program registration is handled by
Lakeridge Health Oshawa. The Lakeridge Health staff on site at the program is
specially trained to work with this special population. They also carry their own
defibrillator for emergency purposes.
1.3 In December 2005, the Municipality of Clarington entered into an agreement with
Lakeridge Health Oshawa to offer a Cardiovascular Prevention and
Rehabilitation Program at the Bowmanville Indoor Soccer Facility and during the
summer months the Garnet B. Rickard Recreation Complex. This agreement
was subsequently renewed in January 2007, December 2007 and again in
December 2008.
1.4 The most recent agreement which was endorsed in December 2008 is a two (2)
year agreement scheduled to end on November 30, 2010. The current
agreement does provide an option to extend the agreement for a further 12
months if requested by Lakeridge Health Corporation 30 days prior to the end of
the term and providing both parties agree. On August 12~h Community Services
Staff received correspondence from Lakeridge Health staff requesting an
extension to their current agreement.
1.5 Since the inception of this program the Municipality of Clarington and the
Lakeridge Health Corporation have worked cooperatively to provide this program
to Clarington residents. With an aim of prevention and recovery of patients
suffering from heart attack/heart failure, diabetes, kidney disease, stroke, and/or
angioplasty/stent, the program includes an educational portion, swarm-up and/or
resistance training, followed by individualized exercise prescription.
1.6 The purpose of the program is to teach self-management skills, keep residents
out of the hospital, improve cardiovascular fitness, prevent disease progression
and improve quality of life.
2.0 COMMENTS
2.1 Since 2001, the Municipality of Clarington and Lakeridge Health Corporation
have worked together to provide what has been a very successful Cardiovascular
REPORT NO.: CSD-009-10
PAGE 3
Prevention and Rehabilitation Program. Continuing to offer the program in
Clarington would continue to benefit residents and those in surrounding areas by
providing needed health care locally.
2.2 The Cardiovascular Prevention and Rehabilitation Program has been operating
successfully in Clarington since December 2005. At this time staff is
recommending the agreement be extended for the one year term, December 1,
2010 to November 30, 2011.
3.0 FINANCIAL
3.1 Lakeridge Health will continue to be responsible for all registration, advertising,
and marketing related to the program.
3.2 The insurance requirements outlined in the agreement will remain in force for the
duration of the extension. The insurance requirements have been reviewed by
the Director of Finance and the Durham Region Insurance Pool and have been
deemed. adequate.
Attachments:
Attachment 1 -Agreement between the Municipality of Clarington and the Lakeridge
Health Corporation
Interested Parties to be advised of Council's Decision:
Susan Ord
Lakeridge Health Oshawa
Attachment 1 to Report CSD-009-10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-197
Being a By-law to authorize the execution of an Agreement between the
Corporation of the Municipality of Clarington and Lakeridge Health Corporation to
authorize the use of Bowmanville Indoor Soccer and Garnet B. Rickard Recreation
Complex for the purposes of operating a Cardiovascular Prevention and
Rehabilitation 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, an Agreement between, Lakeridge Health Corporation.,
and said Corporation; and
2. THAT the agreement attached hereto as Schedule "A" form part of this
BY-law.
By-law read a first and second time this 10~' day of November, 2008.
By-law read a third time and finally passed this 'EO"' day of November, 2008.
AGREEMENT
This Agreement is effective as of the 1st day of December 2008 ("Effective Date").
BETWEEN:
Municipality of Clarington ("MOC")
- and -
LAKERIDGE HEALTH CORPORATION (°LHC"}
a corporation incorporated under the laws of the Province of Ontario
WHEREAS
A) the MOC wishes to provide its space located at Bowmanville Indoor
Soccer and the Garnet B. Rickard Recreation Complex (collectively the
"Arena") to LHC for the purposes of operating the LHC Cardiovascular
Prevention and Rehabilitation Program for the residents of Clarington; and
B) LHC wishes to occupy the MOC's Arena on the terms and conditions set
out in this Agreement;
THEREFORE, in consideration of the premises and the mutual covenants and
agreements herein, the parties agree as follows:
The MOC shall provide to LHC, at no cost, the use of the "Arena" for three hours
on each Thursday for the purposes of operating the LHC Cardiovascular
Prevention and Rehabilitation Program (CPRP). The MOC shall provide its space
located at Bowmanville Community Park from the Effective Date to June 27,
2009, and September 1, 2009 to June 28, 2010 and September 1 to November
30, 2010 respectively to LHC. The MOG shall also provide it's space located at
the Garnet 8. Rickard Recreation. Complex in Bowmanville from June 28, 2009 to
August 31, 2009 and June 29, 2010 to August 31, 2010. The Agreement may be
renewed for an additional term of twelve (12) months provided that LHC requests
such renewal in writing at least 30 days prior to the end of the Term and provided
that both parties agree to the renewal in writing. ("Renewal Term"}.
2. LHC agrees to operate the CPRP for the Term or any Renewal Term set out in
section 1 of this Agreement. The CPRP shall consist of counseling, education,
prescriptive exercise and risk factor lifestyle modification strategies.
3. Either party reserves the right to terminate this Agreement for any reason
provided that the following notice is provided to the other party in writing:
(i} if the termination occurs during the initial Term, at least 14 days written
notice is provided to the other party; or
Agreement Between
Municipality of Clarington
And
Lakeridge Health Corporation
(ii) if the termination occurs during any Renewal Term, at least 30 days
written notice is provided to the other party.
4. Neither party shall be liable in damages or have the right to terminate this
Agreement for any delay or default in performing its obligations if such delay or
default is caused by conditions beyond its control including, but not limited to
Acts of God, Government restrictions, wars, insurrections andlor any other cause
beyond the reasonable control of the party whose performance is affected ("force
majeure"). In the event that a force majeure should arise, the parties agree that
the obligation to provide the CPRP may be suspended by either party until such
time that the affected party determines it is reasonably able to fulfill its
obligations.
LHC agrees to provide sufficient staff for the purpose of operating the CPRP as
described in this Agreement.
6. The MOC shall maintain commercial general liability insurance in an amount of
not less than flue million dollars {$5,000,000) per occurrence to protect it and
LHC from any claims for damages, personal injury including death, and from
claims for property damage caused by the negligence of the MOC, its servants,
agents or employees related to or arising out of services other matters to which
this Agreement pertains. This insurance coverage shall include, but not be limited
to tenant's Eegal liability, non-owned automobile coverage, cross liability and
severability of interest clause, third party bodily injury including death, property
damage and personal injury. An original Certificate of Insurance shall be
submitted to LHC and shall name Lakeridge Health Corporation as an Additional
Insured.
The MOC agrees to indemnify and save LHC harmless from all losses, costs,
expenses, judgments or damages for injuries caused to persons, or property,
including death, arising from the negligence of the MOC, its servants, agents, or
employees related to or arising out of the use of the Arena or other matters
relating to this Agreement, including all legal expenses and costs incurred by
LHC in defending any such claims.
8. The LHC shall maintain commercial general liability insurance in an amount of
not less than five million dollars ($5,000,000) per occurrence to protect it and
MOC from any claims for damages, personal injury including death, and from
claims for property damage caused by the negligence of the LHC, its servants,
agents or employees related to or arising out of services other matters to which 1
his Agreement pertains. This insurance coverage shall include, but not be limited
to tenant's legal liability, non-owned automobile coverage, cross liability and
severability of interest clause, third party bodily injury including death, property
damage and personal injury. An original Certificate of Insurance shall be
submitted to MOC and shall name The Municipality of Clarington as an Additional
Insured.
Agreement Between
Municipality of Clarington
And
Lakeridge Health Corporation
9. LHC agrees to indemnify and save the MOC harmless from all losses, costs,
expenses, judgments or damages for injuries caused to persons, or property,
including death, arising from the negligence of LHC, its servants, agents, or
employees related to or arising out of the use of the Arena, including all legal
expenses and costs incurred by the MOC in defending any such claims.
10. This Agreement constitutes the entire agreement between the parties. No other
statements, representations, warranties, undertakings or agreements made or
purportedly made by or on behalf of either party or any of their directors, officers,
agents, emplayees or other legal representatives, shall be binding upon them
unless agreed to in writing by the parties.
11. This Agreement may be executed in counterparts, each of which shall be
deemed to be an original and both of which together shall constitute one and the
same instrument.
12. This Agreement shall be interpreted in accordance with the laws of the province
of Ontario.
13. Any notices to be provided pursuant to this Agreement shall, unless otherwise
agreed, be sent by registered or certified mail, by delivery or courier service, or
by facsimile transmission (confirmed by subsequent first class postal
transmission) and shall be sent:
in the case of LHC to:
Ms. Chris Kooy
Vice President Clinical Programs & Chief Nursing Executive
Lakeridge Health Corporation
1 Hospital Court
Oshawa, ON L1G2B9
Telephone: 905-576-8711 ext. 1461
Facsimile: 9 {) 5-721-476 3
in the case of Clarington to:
Joseph P. Caruana
Director of Community Services
The Municipality of Clarington
40 Temperance St.
Bowmanville, ON L1C 3A6
Icaruana(o2clarington.net
Agreement between
Municipality of Clarington
And
Lakeridge Health Corporation
Telephone: 905-623-3379
Facsimile:
Any notice sent by mail or delivery/courier service shall be deemed to have been
received on the date of actual delivery. Any notice sent by facsimile transmission shall
be deemed to have been received on the day it was actually sent.
4
IN WITNESS WHEREOF the parties have caused this Agreement to be executed
by their duly authorized officers as of the date first written above.
.~ ~ ~ 5/a k
Date
Kevin Empey
President and Chief Executive Officer
Lakeridge Health Corporation
Chris Kooy ~~
Vice President Clinical Programs &
Chief Nursing Executive,
Lakeridge Health Corporation
MoC Agreement October 7, 2008
Date
'vsrJ ~ ~ 2 o tl1?
Date
rN ~ ZJ~~
Date
Municipality of Clarington