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HomeMy WebLinkAboutCSD-012-12 lari� n Leadiz:g the Way REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 26, 2012 Resolution #: 6(12A-576'1; Report #: CSD-012-12 File #: By-law #: Subject: LAKERIDGE HEALTH CARDIOVASCULAR PREVENTION AND REHABILITATION PROGRAM AGREEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-012-12 be received; 2. THAT the Mayor and Clerk be authorized to execute a two (2) year agreement commencing December 1 , 2012, with an option to extend the agreement for an additional two (2) years between the Municipality of Clarington and Lakeridge Health, Attachment 1; and 4. THAT all interested parties listed be informed of Council's decision. Submitted by: Reviewed by: J040h P. Caruana Franklin Wu Dir66tor of Community Services Chief Administrative Officer JPC/Sm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T (905)623-3379 F(905)623-5506 REPORT NO.: CSD-012-12 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 In December 2005, the Municipality of Clarington entered into an agreement with Lakeridge Health 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 has subsequently been extended/renewed on multiple occasions with the most recent agreement set to expire on November 30, 2012. 1.3 Since the inception of this program the Municipality of Clarington and Lakeridge Health 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, a warm-up and/or resistance training, followed by individualized exercise prescription. 1.4 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. 1.5 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 are specially trained to work with this special population. They also carry their own defibrillator for emergency purposes. 2.0 COMMENTS 2.1 Since December 2005, the Municipality of Clarington and Lakeridge Health have worked together to provide what has been a very successful Cardiovascular Prevention and Rehabilitation Program. Since its inception the program has serviced approximately 900 Clarington residents. Annually the program sees 70- 85 participants. Continuing to offer the program in Clarington would continue to benefit residents and those in surrounding areas by providing needed health care locally. REPORT NO.: CSD-012-12 PAGE 3 2.2 Currently, resident participation in the Cardiovascular Prevention and Rehabilitation Program is comprised as follows: Resident Address Number in the program 2012 Bowmanville 42 Courtice 3 Hampton 7 Newcastle 14 Cobourg 8 Nestleton 1 Pontypool 1 Port Hoe 2 Other 2 2.3 At this time staff are recommending the agreement be extended for a further two (2) year term, December 1, 2012 to November 30, 2014 with an option to extend for an additional two (2) year term. 3.0 FINANCIAL 3.1 Lakeridge Health will continue to be responsible for all registration, advertising, marketing and operational costs 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. 4.0 CONCURRENCE: 4.1 This report has been reviewed by Andy Allison, Municipal Solicitor and Nancy Taylor, Director of Finance who concur with the recommendations. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: _ Promoting economic development _ Maintaining financial stability X Connecting Clarington _ Promoting green initiatives REPORT NO.: CSD-012-12 PAGE 4 _ Investing in infrastructure X Showcasing our community _ Not in conformity with Strategic Plan Staff Contact: Erica Mittag, Fitness Co-ordinator Attachment: Attachment 1 —Agreement between the Municipality of Clarington and Lakeridge Health Interested Parties to be advised of Council's Decision: Paul Van Wiechen, Coordinator, Cardiac Rehabilitation, Lakeridge Health Boris Tsinman, Director, Procurement & Supply Chain, Lakeridge Health Attachment 1 to Report CSD-012-12 AGREEMENT This Agreement is effective as of the 1st day of December 2012 ("Effective Date"). BETWEEN: Municipality of Clarington ("MOC") - and — LAKERIDGE HEALTH ("LH") 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 Facility and the Garnet B. Rickard Recreation Complex (collectively the "Arena") to LH for the purposes of operating the LH Cardiovascular Prevention and Rehabilitation Program for the residents of Clarington; and B) LH 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: 1. The MOC shall provide LH, at no cost, the use of the "Arena" for three hours on each Monday morning for the purposes of operating the LH Cardiovascular Prevention and Rehabilitation Program (CPRP). The MOC will provide space at Bowmanville Indoor Soccer Facility for the duration of this contract with the exception of July 1 to August 31 each year of the contract. Space will be provided during the exception times at Garnet B. Rickard Recreation Complex in Bowmanville. The Agreement expires on November 30, 2014 but may be renewed for an additional term of twenty four (24) months provided that LH 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. LH 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 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 Agreement Between 2 Municipality of Clarington And t_akeridge Health Acts of God, Government restrictions, wars, insurrections and/or 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. 5. LH agrees to provide sufficient staff for the purpose of operating the CPRP as described in this Agreement. 6. The MOC shall maintain general commercial liability insurance including a cross- liability clause in a minimum amount of five million dollars ($5 Million) per occurrence to protect it and LH 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 or other matters to which this Agreement pertains. An original Certificate of Insurance shall be submitted to LH. The Certificate shall name Lakeridge Health as an Additional Insured. 7. The MOC agrees to indemnify and save LH 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 LH in defending any such claims. 8. LH agrees to maintain general liability insurance including a cross-liability clause in a minimum amount of five million dollars ($5 Million) per occurrence to protect it and the MOC from any claims for damages, for personal injury including death, and from claims for property damage caused by the negligence of LH, its servants, agents or employees related to or arising out of services or other matters to which this Agreement pertains. An original Certificate of Insurance shall be submitted to MOC. The Certificate shall name The Municipality of Clarington as an Additional Insured. 9. LH 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 LH, 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, employees or other legal representatives, shall be binding upon them unless agreed to in writing by the parties. I I Agreement Between 3 Municipality of Clarington And Lakeridge Health 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 LH to: Boris Tsinman Director, Procurement & Supply Chain Lakeridge Health 850 Champlain Ave Oshawa, ON L1J 8R2 Telephone: 905-576-8711 ext. 4432 Facsimile: 905-743-5307 in the case of Clarington to: Mr. Joseph P. Caruana Director of Community Services The Municipality of Clarington 40 Temperance St. Bowmanville, ON L1 C 3A6 9caruana(�D-clarington.net Telephone: 905-623-3379 Facsimile: 905-623-5506 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. I i Agreement Between 4 Municipality of Clarington And Lakeridge Health IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their duly authorized officers as of the date first written above. Adrian Foster Date Mayor Municipality of Clarington Patti Barrie Date Municipal Clerk Municipality of Clarington Boris Tsinman Date Director, Procurement& Supply Chain Lakeridge Health I MoC Agreement September 2012