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HomeMy WebLinkAboutCS 32-24Report to Executive Committee Report Number: CS 32-24 Date: October 7, 2024 From: Laura Gibbs Director, Community Services Subject: Lakeridge Health License Agreement - Chronic Obstructive Pulmonary Disease Community Exercise Clinic - File: A-1440-001 Recommendation: 1. That Report CS 32-24 regarding Lakeridge Health License Agreement be received; 2. That the Mayor and City Clerk be authorized to execute the License Agreement with Lakeridge Health, set out in Attachment 1 to this report, for use of the Chestnut Hill Developments Recreation Complex Meeting Rooms 2 & 3, for the Chronic Obstructive Pulmonary Disease Community Exercise Clinic, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 3. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Executive Summary: The purpose of this report is to seek Council’s approval to execute a License Agreement with Lakeridge Health to operate the Chronic Obstructive Pulmonary Disease (COPD) Community Exercise Clinic at the Chestnut Hill Developments Recreation Complex (CHDRC) Meeting Rooms 2 & 3 for the period of November 1, 2024 to December 31, 2025. Consistent with the priorities of the Pickering Community Safety & Well-Being (CSWB) Plan, and principles of the Durham Region Community Safety and Well-Being (CSWB) Plan, this agreement with Lakeridge Health will provide exercise and educational self-management support services to patients diagnosed with COPD. City staff have identified that Meeting Rooms 2 & 3 are available at the CHDRC on Tuesday afternoons between 12:00 pm – 2:00 pm. Lakeridge Health will provide onsite supervision, facilitation and will oversee the use of the facilities. The partnership with Lakeridge Health to offer these services at the CHDRC responds to the CSWB Plan Priority 4 to Increase Physical Health and Mental Wellness through community spaces like community centres, gardens and programs that support physical and mental health. CS 32-24 October 7, 2024 Subject: Lakeridge Health License Agreement Page 2 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priorities of Advocate for an Inclusive, Welcoming, Safe & Healthy Community; and Strengthen Existing & Build New Partnerships. Financial Implications: CHDRC Meeting Rooms 2 & 3 are being provided free of charge for the Lakeridge Health COPD Community Exercise Clinic. Meeting Rooms 2 & 3 have an hourly daytime rental rate of $165.00 per hour for Business Residents. The financial impact is up to $17,160.00 in unrealized rental revenue. The Clinic will operate during non-peak times to reduce the financial impact to the City. Lakeridge Health will supply all staff and supplies required for the administration of the COPD Community Exercise Clinic. Discussion: The purpose of this report is to seek Council’s approval to execute a License Agreement with Lakeridge Health to operate the COPD Community Exercise Clinic at the CHDRC Meeting Rooms 2 & 3 for the period of November 1, 2024 to December 31, 2025. The proposed program is a collaborative effort between the City of Pickering and Lakeridge Health aimed at improving health outcomes for residents with COPD through structured exercise and education. COPD is a public health concern, affecting over one in ten people in Ontario. It is the third leading cause of death worldwide and the primary cause of hospitalization in Canada, incurring direct and indirect costs valued at $4 billion. COPD is particularly prevalent in lower-income neighborhoods and in the East & Northeast regions of Ontario, which includes Durham Region, where emergency visits and hospital admissions due to COPD are significantly higher than in other regions. In Durham Region alone, there are approximately 1,100 hospital admissions per year related to COPD. However, less than 40% of adults with COPD receive the necessary spirometry testing to confirm their diagnosis. This highlights a critical gap in the current healthcare provision for COPD patients (Lakeridge Health, 2024). The COPD Community Exercise Clinic aims to improve patient health care and outcomes, as well as reduce hospital readmissions. The program offers numerous benefits to patients, including improved self-management of COPD symptoms, increased fitness, energy, and endurance, enhanced quality of life, and reduced stress, anxiety, and depression. Furthermore, the clinic helps decrease the number of illnesses and hospital admissions among participants. The COPD Community Exercise Clinic will provide education on COPD, healthy lifestyles, and self-management strategies. It will include regular reviews of personalized COPD Action Plans, standardized exercise testing, and weekly exercise classes, both in-person and virtual. Additionally, the clinic will offer individualized home exercise plans and links to community support services. Lakeridge Health aims to serve around 300 patients per year; the program aims to transition patients from acute hospital care to long-term community programming. The partnership with community centres, like those in the City of Pickering, is essential for the program's success. Community partners provide accessible space for exercise and education sessions, develop community exercise programs tailored for COPD patients, increase CS 32-24 October 7, 2024 Subject: Lakeridge Health License Agreement Page 3 awareness and accessibility of COPD programming for community members, and support vulnerable individuals in building confidence to participate in community programs. Lakeridge Health’s COPD Community Exercise Clinic, in partnership with the City of Pickering, will provide free, structured exercise and educational support to patients diagnosed with COPD. The program will be staffed by two Kinesiologists weekly, with a third occasionally present for physical assessments. Each class accommodates 10-15 patients and includes a 30-minute educational session followed by 30 minutes of chair and standing exercises usingresistance bands. New patients undergo assessments such as a walk test and sit-to-stand test. The program is funded by the Ministry of Health and offered free to participants with validOHIP, while Lakeridge Health covers staffing costs. The program is currently offered in collaboration with several community partners, including Port Perry Hospital (established June 12, 2024), Oshawa Senior Community Centres 55+ (established June 21, 2024), Clarington/Alan Strike Centre (established July 8, 2024), and through various virtual classes facilitated by Lakeridge Health Oshawa (established June 18, 2024). These partnerships play a critical role in enhancing patient health outcomes, reducing hospital readmissions, and supporting sustainable, long-term COPD self-management. Implementing the COPD Community Exercise Clinic in the City of Pickering is a vital step towards addressing the significant health challenges posed by COPD. The program not only aligns with provincial health goals but also provides tangible benefits to both patients and the community. It will enhance the quality of life for residents with COPD, reduce healthcare costs associated with hospital readmissions, and promote a healthier, more active community. Attachment: 1.License Agreement – Lakeridge Health and the City of Pickering Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Michael Cain Laura Gibbs, MBA, MSc. Supervisor, Safety, Security & Well-Being Director, Community Services Original Signed By Elaine Knox Community Safety & Well-Being Advisor LG:mc CS 32-24 October 7, 2024 Subject: Lakeridge Health License Agreement Page 4 Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer 1 Attachment 1 to Report CS 32-24 License Agreement This Agreement made this 1st day of November 2024 Between: The Corporation of the City of Pickering (the "Licensor") -and - Lakeridge Health (“LH”) (the "Licensee") Whereas: The Licensor is the registered owner and operator of the Chestnut Hill Developments Recreation Complex (CHDRC) located at 1867 Valley Farm Road in Pickering, and is willing to grant a license permitting the Licensee to use designated rooms in the premises for the purposes of allowing the Licensee to provide and run its specialized exercise and educational self-management support program for persons registered in the Lakeridge Health Chronic Obstructive Pulmonary Disease (COPD) Exercise clinic, And Whereas the Licensee “LH” provides a specialized support, exercise and educational program for persons living with COPD and as the operating of the program within the CHDRC will facilitate the availability of the program and provide a benefit to the community, And Whereas the parties hereto acknowledge that the delivery of the program is the sole responsibility of “LH”, In Consideration of the premises and other good and valuable consideration the parties agree as follows: Terms and Conditions: 1.1 1.2 The Licensor grants to the Licensee a license (the "License”) to use Rooms 2 & 3 in the CHDRC (the "Licensed Premises") during the times as described in detail in Schedule "A" attached hereto in order for “LH” to run and operate its COPD program. The License hereby granted shall be for a term (the "Term") commencing on November 1st, 2024 and ending on December 31st, 2025 and as detailed in Schedule “A”. The License and the Term will be reviewed annually. The License may be extended by the Licensor on the request of the Licensee and such request is to be delivered to the Licensor, in writing, not less than 90 days prior to the end of the Term or each extended term, on the terms and 2 provisions to be agreed upon by the Licensor and the Licensee and failing such agreement there shall be no right of extension. The annual review allows both parties the opportunity to ensure the core vision, mission and purpose of the program and the relationship are being met. 1.3 The Licensee hereby accepts the Licensed Premises in their conditions as of the date hereof and shall not call upon the Licensor to do or pay for any work or supply any equipment to make the Licensed Premises more suitable for the proposed use by the Licensee hereunder; Payment Terms: 2.1 The Licensee shall not be required to make any financial contribution or pay any compensation for use of the Licensed Premises. Insurance and Indemnification: Insurance: 3.1 The Licensee shall provide and maintain Commercial General Liability (CGL) Insurance in the minimum amount of $5,000,000.00 (Five Million Dollars) per occurrence, naming the Licensor as an additional insured, to protect it and the Licensor from any claims for damages, personal injury including death, and from claims for property damage caused by the operation of “LH’s” program, its servants, agents or employees related to or arising out of services or other matters with respect to its use of the Licensed Premises during the full Term of this Agreement and any subsequent Extension Term thereof. The Licensee shall provide a certificate of insurance evidencing same prior to execution of this Agreement, and thereafter as requested or required by the Licensor. Without limiting the generality of the foregoing, such general liability insurance shall contain provisions for cross-liability, severability of interests, and no cancellations or alterations without the consent of the Licensor. Indemnification: 4.1 The Licensee shall at all times defend, indemnify and save harmless the Licensor from and against any and all claims, demands, losses, costs, charges, expenses, damages, actions and other proceedings made, brought against, suffered by or imposed on the Licensor or its property in respect of any failure by the Licensee to fulfil any of its obligations under this Agreement or for any reason whatsoever or in respect of any loss, damage or injury (including injury resulting in death) to any person or property (including, without restricting the generality of the foregoing, employees, contractors, agents and property of the Licensor) directly or indirectly arising out of, resulting from or sustained by reason of “LH’s” occupation or use of the Licensed Premises, or any operation in connection therewith or any fixtures or chattels thereon. The safeguarding and security of any equipment of the Licensee shall be the sole responsibility of the Licensee. 4.2 The Licensor shall not be liable, directly or indirectly, for any personal injuries that may be suffered or sustained by any person who may be on the Licensed Premises or for any loss of or damage or injury to property belonging to the Licensee or any other person unless 3 such injury, loss or damage is due to the Licensor's negligence or default or the negligence or default of those for whom the Licensor is in law responsible. General: 5.1 The Licensee covenants with the Licensor: (1)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; (2)this Agreement shall be interpreted in accordance with the laws of the Province of Ontario; (3)the Licensee covenants and agrees to advise all participants in the Programs that the City is not the provider of the Programs and that the Programs are provided solely by the Licensee; (4)to use the Licensed Premises only for the purposes of operating the COPD program and for no other purpose; (5)the Licensee will be solely responsible for the legal governance (supervision, financial costs, standards of practice and liability) of its' staff; The licensee agrees to provide trained, qualified, and sufficient staff to provide the Program in the CHDRC; (6)prior to the Agreement commencement date, a Certificate of Clearance from the Workplace Safety and Insurance Board (WSIB), shall be provided indicating that all required payments by the licensee to the Board have been made. All of the licensee's personnel must be covered by WSIB, at the licensee's expense. Clearance certificates shall be supplied to the City as requested; (7)that all employees, agents, volunteers associated with the Licensee understand and comply with all established City of Pickering applicable policies, rules and codes of conduct, as amended by the Licensor from time to time, and understand the Licensor's commitment to providing an environment free of discrimination, harassment and violence, which promotes and fosters an engaged, healthy and inclusive community committed to and valuing equity and diversity and where all individuals are treated with respect, dignity and are able to contribute fully, and have equal opportunities; (8)prior to the beginning of the Agreement term and before any of the Programs shall be provided, the Licensee shall be required to attend with a City representative for an orientation of all facilities to be used by the licensee in providing the programs. The same orientation shall then be directly delivered by the licensee to each designate/staff of the licensee who will be providing the Programs. If this Agreement is extended this orientation must be reviewed on an annual basis and will include but not be limited to: (a)applicable City of Pickering policies and procedures; 4 (b)location of emergency exits; (c)location of phones, AED machines, fire extinguishers & first aid equipment; and (d)understanding the role of the City of Pickering staff in an emergency. (9)to operate the program only during the time as provided by and detailed in Schedule A to this agreement and to not operate during any planned closures such as statutory holidays, nor any unplanned building closures resulting from emergency situations; (10)to maintain the appearance of the Licensed Premises and the equipment thereon, matching other Licensor facilities by maintaining neat, clean and a well- kept space. The Licensor reserves the right to enter and view the state of maintenance and repair of the Licensed Premises; (11)to maintain all equipment in safe and good repair at its own expense and to repair on written notice from the Licensor; (12)to ensure that no refuse, litter, garbage or loose or objectionable material accumulates in or about the Licensed Premises; (13)to not alter, add to, install equipment, or in any way vary the Licensed Premises without first having obtained the consent, in writing, of the Licensor, and Community Services for Pickering, which consent may be withheld without cause or reason; (14)to not assign this Agreement without first having obtained the consent, in writing of the Licensor, which consent may be withheld without cause or reason; (15)to leave the Licensed Premises in substantially the same condition at the expiry of this Agreement as they were at the commencement of this Agreement; (16)to comply with all federal, provincial and municipal laws, rules, regulations and by- laws and to hold the Licensor harmless from the consequences of its failure to do so; (17)to not permit alcohol, catered food products, bottled water, or sport drinks to be served or sold within the Licensed Premises; and (18)to comply with Smoke Free Facilities as per the Durham Region Smoke-Free-By- law 28-2019 and the Smoke-Free Ontario Act, 2017 5 Termination of Agreement: 6.1 This Agreement and the License herein granted may be terminated as follows: (1)either party, in writing, upon not less than fifteen (15) days' notice, may terminate the Agreement, for any reason, at any time before the date of expiration; (2)if the Licensee defaults in performing any of its obligations under this Agreement, the Licensor shall give written notice to the Licensee of such default giving the Licensee five (5) days to remedy such default, failing which the Licensor may terminate the license hereunder and the Licensee shall then forthwith remove its equipment, if any, and other personal property from the Licensed Premises and shall restore the Licensed Premises to the condition in which they were at the commencement of this Agreement; (3)by the Licensor immediately should the Licensee be found to be in non-compliance, or in contravention or in violation of the terms of this agreement or any of the City's Policies. Relationship: 7.1 This Agreement does not create a fiduciary relationship between the parties hereto. The Licensee agrees that it is not an agent of the Licensor and has no authority to bind the Licensor. Nothing herein shall be construed so as to constitute the parties as partners, joint ventures or agents of the other. Neither party has the authority to bind the other to any third- party person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by the other. The parties shall not have, and they shall not hold themselves out as having, any right, power of authority to create any contract or obligation, either express or implied, on behalf of, in the name of or binding upon the other. The parties hereto are nothing more than Licensor and Licensee as described herein. Notification: 8.1 Any notice required to be given the Licensor under the terms of this Agreement shall be sufficiently given if delivered to the Licensor, facsimile transmission or mailed by prepaid registered mail addressed to Marilou Murray, Manager, Community Services Administration & Strategic Initiatives, City of Pickering, One The Esplanade, Pickering, Ontario, L1V 6K7, Fax: 905.420.2596; e-mail: mmurray@pickering.ca. Any notice required to be given to the Licensee under the terms of this Agreement shall be sufficiently given if delivered to the Licensee or mailed by prepaid registered mail addressed to the Licensee c/o Jaclyn McLeod, Interim Director, Healthy Aging Program, Lakeridge Health and 1 Hospital Court, Oshawa, ON, L1G 2B9 or at such other address as the Licensee may in writing designate. In either case, such notice shall be deemed to have been received on the date of its delivery or transmission or in the case of mailing, two (2) business days after the date of mailing. 6 Binding Parties: 9.1 This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. Signatures: In Witness Whereof the parties have signed this Agreement as at the date set out above. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Lakeridge Health (“LH”) Jaclyn McLeod, Interim Director Healthy Aging Program, Lakeridge Health I/We have the authority to bind Lakeridge Health 7 Schedule “A” The Licensed Premises Lakeridge Health “LH” will be granted space within CHDRC as follows: (a)Subject to the terms of this Agreement, Rooms 2 and 3 shall be made available on Tuesdays for two (2) hours from 12:00 noon – 2:00 pm. (b)The City will provide maintenance and cleaning of the Rooms prior to 12:00 noon on Tuesdays and after 2:00 pm. The City will provide chairs and hand sanitizer. Access to free public Wi-Fi shall be available for “LH” staff.