Loading...
HomeMy WebLinkAbout2005-210 THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-lAW 2005-210 Being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and lakeridge Health Corporation WHEREAS at the meeting held on October 24, 2005, the Council of the Municipality of Clarington adopted the recommendations contained in Report CSD-15-05 endorsing the Community Services Department role as a partner in the lakeridge Health Oshawa Cardiovascular Prevention and Rehabilitation Program: NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1. 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" forms part of this by-law. By-law read a first and second time this 14th day of November 2005. By-law read a third time and finally passed this 14th day of November 2005. (l~ John tton, Mayor ., .-..... /vu:J unicipal Clerk AGREEMENT This Agreement is effective as of the_ day of 2005 ("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 Facility from the Effective Date to June 30, 2006 and the South Courtice Arena from July 1, 2006 to August 30, 2006, Bowmanville, Ontario (collectively the "Arena") to LHC for the purposes of operating the LHC Cardiovascular Prevention and Rehabilitation Program; 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: 1. The MOC shall provide to LHC, at no cost, the use of the "Arena" for two hours on each Thursday for the purposes of operating the LHC Cardiovascular Prevention and Rehabilitation Program,(CPRP) from the Effective Date referred to above for twelve (12) months ("Term"), for the residents of Clarington. 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 and for the Term or any Renewal Term set out in section 1 of this Agreement. The CPRP shall consist of counseling, education, prescriptive ~xercise 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 (ii) if the termination occurs during any Renewal Term, at least 30 days written notice is provided to the other party. Agreement Between Municipality of Clarington And Lakeridge Health Corporation 2 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 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. LHC 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 two million dollars ($2 Million) 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 or other matters to which this Agreement pertains. The MOC shall provide a Certificate of Insurance to LHC as evidence of coverage. 7. 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. LHC agrees to maintain general commercial liability insurance including a cross- liability clause in a minimum amount of two million dollars ($2 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 LHC, 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 coverage shall be submitted to MOC. The Certificate shall name The Municipality of Clarington as an additional insured. 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, employees or other legal representatives, shall be binding upon them unless agreed to in writing by the parties. Agreement Between Municipality of Clarington And Lakeridge Health Corporation 3 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. IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their duly authorized officers as of the date first written above. John Mutton Mayor Municipality of Clarington Date Patti Barrie Municipal Clerk Municipality of Clarington Date Chris Kooy Vice President Clinical Programs & Chief Nursing Executive Lakeridge Health Corporation Date Brian Lemon Chief Executive Officer Lakeridge Health Corporation Date