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HomeMy WebLinkAboutFIR 02-25Report to Executive Committee Report Number: FIR 02-25 Date: January 13, 2025 From: Steve Boyd Fire Chief Subject: Agreement to Provide Medical Oversight Services - Lakeridge Health Central East Prehospital Care Program (CEPCP) - File: A-1440-001-25 Recommendation: 1. That Report FIR 02-25, regarding the Agreement to provide Medical Oversight Services between The Corporation of the City of Pickering and Lakeridge Health, be received; 2. That the Mayor and City Clerk be authorized to execute the Agreement with Lakeridge Health to provide Medical Oversight Services to the City of Pickering, as set out in Attachment 1 of this report, subject to such revisions as may be required by the Fire Chief and the Director, Corporate Services & City Solicitor; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to implement the recommendations in this report. Executive Summary: The purpose of this report is to seek Council’s approval to extend the Agreement, as set out in Attachment 1, between the City of Pickering and Lakeridge Health to provide Medical Oversight Services that include training of Pickering Fire Services staff and defibrillator maintenance and calibration. This is a three-year extension of an existing agreement between both parties that provides the required training and certification to Pickering Fire Services staff responding to a range of medical calls. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community; and Strengthen Existing & Build New Partnerships. Financial Implications: The agreement’s total annual cost is estimated to be $45,500.00 per year and the cost is included in the Mayor’s proposed 2025 Current Budget for Fire Protection (10700). The funds for Emergency Medical Response Training are budgeted under 501110.10700 at $35,000.00 and the funds for Defibrillator Maintenance are budgeted under 502380.10700 at $10,000.00. FIR 02-25 January 13, 2025 Subject: Agreement to Provide Medical Oversight Services Page 2 Schedule C – Fees & Payment for Services in Attachment 1 indicate that costs will remain fixed for the duration of this agreement. Discussion: The purpose of this report is to seek Council’s approval to extend the Agreement, as set out in Attachment 1, between the City of Pickering and Lakeridge Health to provide Medical Oversight Services that include training of Pickering Fire Services staff and defibrillator maintenance and calibration. Pickering Fire Services staff respond to a range of medical calls, including but not limited to, cardiac arrest, VSA (vital signs absent), uncontrolled bleeding, unconscious individuals, motor vehicle accidents, and other medical emergencies as required. Through these responses, Fire Services staff utilize the skills they have acquired through EMR Direct Delivery Program training in first aid, CPR, AED (automatic external defibrillator) use, and symptom relief (epi-pen and Naloxone) administration. Fire Services staff are required to recertify in these areas on an annual basis and must be signed off under the medical oversight of the Physician heading the Lakeridge Health Central East Prehospital Care Program. Lakeridge Health CEPCP provides training and oversight to all Pickering Fire Services staff on an annual basis, and also provide training to all new hires with Fire Services. This agreement provides a three-year extension to the agreement currently in place. Attachment: 1.Agreement to Provide Medical Oversight Services January 1, 2025 to December 31, 2027. Prepared By: Approved/Endorsed By: Jason Yoshida Steve Boyd Deputy Fire Chief Fire Chief SB:jm Original Signed By:Original Signed By: FIR 02-25 January 13, 2025 Subject: Agreement to Provide Medical Oversight Services Page 3 Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 1 of 24 Agreement to Provide Medical Oversight Services Between The Corporation of the City of Pickering and Lakeridge Health January 1st 2025 to December 31st 2027 Attachment 1 to Report FIR 01-25 Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 2 of 24                       Contents     1. RECITALS......................................................................................................................................... 3   2. DEFINITIONS.................................................................................................................................... 3  3. INTERPRETATION ........................................................................................................................... 6  4. AGREEMENT.................................................................................................................................... 7   5. MEDICAL EDUCATION .................................................................................................................... 8   6. MEDICAL ADVICE RELATING TO PATIENT CARE ....................................................................... 8  7. TRAINING ......................................................................................................................................... 8  8. AUTHORIZATION AND RE-AUTHORIZATION ............................................................................... 9   9. QUALITY ASSURANCE ................................................................................................................. 10   10. INFORMATION SHARING.............................................................................................................. 11  11. SUPPLIES AND EQUIPMENT........................................................................................................ 12  12. RESEARCH .................................................................................................................................... 12  13. INSURANCE AND INDEMNIFICATION ......................................................................................... 12   14. TERM AND TERMINATION............................................................................................................ 14   15. GENERAL PROVISIONS................................................................................................................ 15  16. RESPONSIBILITIES……………………………………………………………………………………...19   SCHEDULE A - Designated Representatives............................................................................................. 20  SCHEDULE B – Training Programs ........................................................................................................... 21   SCHEDULE C – Fees & Payment for Services .......................................................................................... 21   SCHEDULE D – Quality Assurance............................................................................................................ 23  SCHEDULE E – Controlled Acts and Advanced Medical Procedures ....................................................... 24 Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 3 of 24                          AGREEMENT   BETWEEN:   The Corporation of the City of Pickering (“Pickering”)   – and –   Lakeridge Health (“LH”)       1. RECITALS     WHEREAS “Pickering” provides patient care when “Pickering” is called to provide assistance to the residents of the City of Pickering;    AND WHEREAS “Pickering” and the Central East Prehospital Care Program (“CEPCP”) located at LH wish to enter into an agreement for the provision of Medical Oversight subject to and in accordance with the terms and conditions set out below.   NOW THEREFORE in consideration of the respective covenants and agreements contained in this AGREEMENT and for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, “Pickering” and LH hereby agree as follows:     2. DEFINITIONS     In this AGREEMENT, in addition to the terms defined above, the following terms shall, unless the context otherwise requires, have the respective meanings set out below:   a. “AED” means Automated External Defibrillation.   b. “AGREEMENT” means this agreement as the same may be amended or restated from time to time and includes all schedules and all uses of the words “hereto”, “herein”, “hereof”, ‘hereby” and “hereunder” and similar expressions refer to this AGREEMENT and not to any particular section or portion of it.   c. “Applicable Law” at any time and in respect of any Person, property, transaction or event, means all laws including statutes, regulations, treaties, judgments and decrees then applicable to that Person, property, transaction or event and, whether or not having the force of law, all applicable official directives, rules, consents, approvals, authorizations, guidelines, bulletins, Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 4 of 24             orders and policies of any Governmental Authority then having or purporting to have authority over that Person, property, transaction or event.   d. “Approved” means something that has been reviewed and/or sanctioned by LH.   e. “Business Day” means any day other than a Saturday, Sunday or any statutory or civic holiday observed by one or both Parties.  f. “Call Report” means a record of patient care in paper or electronic form.   g. “Case Review” means the routine review of call reports submitted by “Pickering” and performed by LH.  h. “CEPCP Standards” means the standards of CEPCP related to the provision of Medical Oversight and prehospital emergency care developed by the Medical Advisory Board of the CEPCP and based on best practices and evidenced based medicine.   i. “CME” means continuing medical education that is provided to the individual firefighter.   j. “Controlled Act” has the meaning ascribed to it in the Regulated Health Professions Act, 1991, (Ontario), S.O. 1991, c.18.  k. “CPSO” means the College of Physicians and Surgeons of Ontario.   l. “CPR” means a potentially lifesaving procedure, that combines chest compressions and ventilations to partially restore oxygenated blood flow to the essential organs.  m. “CPSO Policy” means the CPSO policy for the Delegation of Controlled Acts and Guidelines for teaching Controlled Acts under Section 28 of the Regulated Health Professions Act, 1991 and under the Medicine Act, 1991, S.O. 1991, c. 30.   n. “Data” has the meaning ascribed to it in Section 9 herein.   o. “Designated Representative” is the designated representative of a Party as set out in SCHEDULE A .   p. “Direct delivery” is when the training program provided is delivered by staff of the CEPCP.  q. “EFR” Emergency First Responder is a program that authorizes a firefighter in CPR and the Controlled Acts and Advanced Medical Procedures (SCHEDULE D ) following an initial 3 day authorization course, completed online and in person. and maintains their authorization through approximately 8 hours of CME delivered annually.  r. “EMR” Emergency Medical Responder is a program that authorizes a firefighter in CPR and the Controlled Acts and Advanced Medical Procedures (SCHEDULE D ) following an initial 3 day authorization course and maintains their authorization through approximately 16 hours of CME delivered annually.  s. “Firefighter” is a person currently employed by “Pickering”, and has the meaning ascribed to it under the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4.   t. “Governmental Authority” means any domestic or foreign government including any federal, provincial, state, territorial or municipal government and any domestic or foreign government agency, board, commission, tribunal or other authority exercising executive, legislative, judicial, regulatory or administrative function of, or pertaining to, government.   u. “Host Hospital” means Lakeridge Health (LH). Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 5 of 24             v. “Including” means “including without limitation” and shall not be construed to limit any general statement which it follows to the specific or similar or matters immediately following it.   w. “Instructor” is a person trained and approved by CEPCP to deliver training.   x. “Investigation” means the process of review arising from a concern regarding patient care provided by “Pickering”.  y. “Medical Advisory Board” means the Physicians that comprise the Medical Advisory Board of the CEPCP that provides medical oversight.   z. “Medical Oversight” has the meaning described in section 4.2.   aa. “Medical Director” means a physician appointed to the Medical Advisory Board of the CEPCP.  bb. “Medical Education” has the meaning described in section 5.  cc. “Order” means a direction from a CEPCP Medical Advisory Board physician with legislative ordering authority that permits performance of a procedure by another.   dd. “Paramedic” has the meaning ascribed to it under the Ambulance Act, R.S.O. 1990, c. A.19 and any regulations thereunder;  ee. “Parties” means the “Pickering” and LH; and “Party” means either one of them.  ff. “Patient” is any person who has suffered a medical or traumatic emergency and receives medical attention, care, or treatment by “Pickering”.  gg. “Person” shall be broadly interpreted and includes an individual, body corporate, partnership, joint venture, trust, association, unincorporated organization, the Crown, any Governmental Authority or any other entity recognized by law.  hh. “Personal Health Information” has the meaning ascribed to it in the Personal Health Information Protection Act, 2004,(Ontario), S.O. 2004, c.3, Sch. A.  ii. “PHIPA” means the Personal Health Information Protection Act, 2004, (Ontario), S.O. 2004, c.3 Sch. A.   jj. “Pickering” means the fire and emergency services operated by “Pickering”  kk. “Purposes” has the meaning ascribed to it in Section 9.1.  ll. “Self delivered” is when the training program provided is delivered by CEPCP trained and approved staff of the service named in this contract.  mm. “Standard First Aid” (SFA) means a standardized program approved by the Worker’s Safety Insurance Board (WSIB) designed to provide immediate assistance to a person suffering illness or injury  nn. “Standards” means all industry accepted standards of practice relating to the provision of Medical Oversight and prehospital emergency care in the Province of Ontario.   oo. “Term” has the meaning ascribed to it in Section 14. Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 6 of 24            3. INTERPRETATION     3.1. Statutes   Unless specified otherwise, reference in this AGREEMENT to a statute refers to that statute as such statute may be amended from time to time, or to any restated or successor legislation of comparable effect, and refers to any regulations then in force and effect thereunder.   3.2. Headings   The division of this AGREEMENT into articles, sections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this AGREEMENT. The article, section and schedule headings in this AGREEMENT are not intended to be full or precise descriptions of the text to which they refer and are not to be considered part of this AGREEMENT. Reference to an Article, Section or Schedule refers to the applicable article, section or schedule of this AGREEMENT.   3.3. Number and Gender   In this AGREEMENT, words in the singular include the plural and vice-versa and words in one gender include all genders.   3.4. Entire Agreement   This AGREEMENT constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior agreements, negotiations, discussions and understandings, written or oral, express or implied, between the Parties related thereto. There are no representations, warranties, conditions, other agreements or acknowledgements, whether direct or collateral, express or implied, that form part of or affect this AGREEMENT, or which induced any Party to enter into this AGREEMENT or on which reliance is placed by any Party, except as specifically set forth in this AGREEMENT.   3.5. Amendment   This AGREEMENT may be amended, modified or supplemented only by a written agreement signed by each Party.   3.6. Waiver of Right   Any waiver of, or consent to depart from, the requirements of any provision of this AGREEMENT shall be effective only if it is in writing and signed by the Party giving it, and only in the specific instance and for the specific purpose for which it has been given. No failure on the part of any Party to exercise, and no delay in exercising, any right under this AGREEMENT shall operate as a waiver of such right. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right.   3.7. Governing Law   This AGREEMENT shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario (excluding any rule or principle of the conflict of laws which might refer such interpretation to the laws of another jurisdiction). Each Party irrevocably Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 7 of 24             submits to the non-exclusive jurisdiction of the courts of Ontario with respect to any matter arising hereunder or related hereto.   3.8. Performance on Holidays   If any action is required to be taken pursuant to this AGREEMENT on or by a specified date that is not a Business Day, then such action shall be valid if taken on or by the next succeeding Business Day.   3.9. Schedules   The Schedules to this AGREEMENT are as follows: SCHEDULE A - Designated Representatives SCHEDULE B – Training Programs SCHEDULE C – Fees & Payment for Services   SCHEDULE D – Quality Assurance   SCHEDULE E – Controlled Acts and Advanced Medical Procedures       4. AGREEMENT       4.1. General   LH, through its Medical Advisory Board of the CEPCP, agrees to provide Medical Oversight to “Pickering”, who hereby agrees to the provision of such Services, subject to and in accordance with the terms and conditions set forth in this AGREEMENT.   4.2. MEDICAL OVERSIGHT   The Parties hereby agree that LH shall provide to “Pickering” the following (collectively hereinafter referred to as “Medical Oversight”):   (a) authorization to qualified Firefighters to perform the specified controlled acts as per section 8;   (b) provide medical advice to “Pickering” to ensure a smooth and medically sound transfer of care from “Pickering” to Paramedics;   (c) provide quality assurance information to “Pickering” as per SCHEDULE D   4.3. The Parties agree “Pickering” will provide the resources necessary to act as a designate of the Medical Director, and at the sole discretion of a Medical Director, in accordance with the terms and conditions set forth in this AGREEMENT.   4.4. The Parties agree that LH, at its sole discretion, will utilize the Medical Director and/or LH program staff as required, subject to and in accordance with the terms and conditions set forth in this AGREEMENT. Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 8 of 24             4.5. “Pickering” will, where possible, provide LH with the use of a desk and private meeting space, and make available to LH access to electrical power and internet access in order to facilitate the provision of Medical Oversight pursuant to the terms and conditions of this AGREEMENT including Section 7.3 herein.     5. MEDICAL EDUCATION      5.1. LH, through its Medical Advisory Board of the CEPCP, and a Medical Director shall establish policies and procedures to support Medical Education to “Pickering” in accordance with applicable laws, standards and the CPSO policy. LH shall review such policies, procedures, and Medical Education materials as required and will advise “Pickering” of any changes as necessary.   5.2. LH, through its Medical Advisory Board of the CEPCP will develop and review all training and delivery of Medical Education provided to “Pickering” . These programs will comply with Applicable Law, applicable Standards and the CPSO Policy.   5.3. Qualifications of Physicians   LH, through the Medical Advisory Board of the CEPCP, shall ensure that the program Medical Directors maintain current and valid certificate of registration with the CPSO and a current certificate of professional conduct from the CPSO or such other documents as may be issued by the CPSO to evidence that the Medical Director has the appropriate registration, status, qualifications, skills, experience and training to perform the role of Medical Director.     6. MEDICAL ADVICE RELATING TO PATIENT CARE     6.1. LH, through the Medical Advisory Board, may at its sole discretion, provide advice and guidance to “Pickering” with respect to “Pickering” policies and procedures as it pertains to Medical Education and Medical Oversight.   6.2. LH will provide written medical directives for controlled acts to “Pickering” .   6.3. Where the Patient care provided by a Firefighter does not meet the applicable Standards, LH will so advise “Pickering” including by providing feedback (as per SCHEDULE D ) regarding the nature and type of Patient care provided by the Firefighter(s) and the nature of the identified Patient care issue.   6.4. Quarterly meetings between “Pickering” and LH will be scheduled for a mutually agreeable time and may be supported by additional meetings as required or requested.   Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 9 of 24       7. TRAINING      7.1. “Pickering” will ensure each participant in the LH program has the pre-requisite of Standard First Aid certification from a WSIB approved provider, and will provide LH with a copy of the participants certificate prior to commencement of New Hire Orientation.   7.2. Training records will be maintained by either “Pickering” or LH, whoever conducts the training. Upon request the training records for each Firefighter who is authorized to receive Medical Oversight will be shared with the other party.   7.3. LH will be responsible for ensuring that the training content for the Firefighters to receive Medical Oversight is in accordance with Applicable Law, the applicable Standards and CPSO Policy.   7.4. “Pickering” agrees to reimburse LH for additional costs incurred for additional training beyond that prescribed in the schedule(s).   7.5. Where required, scheduling will be done by LH in consultation with “Pickering” .   7.6. “Pickering” full time will be scheduled for 24 class sessions in order to recertify all firefighters in the service. Any additional class sessions will be at extra cost to “Pickering” . This will be based on $43 per hour multiplied by the number of hours of the course. LH will also offer 4 make-up sessions throughout the year at its Pickering location at no charge.   7.7. All “Core program”(see appendix B) training is mandatory to maintain authorization.   7.8. Any auxiliary training or services are not mandatory to maintain authorization.   7.9. Cancellations of courses that are taught by LH must be received 24 hours in advance during business hours or by Thursday at 1500 for any weekend courses. If notice is not received, you will be invoiced for the cost of the instructor. This will be based on $43 per hour x a minimum of 4 hours to a maximum of 8 depending on course type.      8. AUTHORIZATION AND RE-AUTHORIZATION     8.1. LH will provide appropriate authorization to eligible candidates identified by “Pickering” . “Pickering” will ensure that eligible candidates have met the following criteria:   (a) are either employed by “Pickering” on an indefinite or fixed term basis or have received an offer of employment from “Pickering” that has not expired, AND;   (b) have successfully completed all LH required training and evaluation.   8.2. “Pickering” will advise LH of any changes in the status of a Firefighter that may affect his/her authorization.   8.3. LH will contact “Pickering” immediately upon identification that a Firefighter requires remedial training to continue to receive authorization. LH is responsible for the development of Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 10 of 24             remedial training (as required) and that training may be delivered by LH or “Pickering”.   8.4. The Parties agree that LH may oversee the Controlled Act and Advanced Medical Procedure (SCHEDULE F) training and testing of eligible “Pickering” staff.   8.5. The Parties agree that each Firefighter receiving Medical Oversight will complete a LH approved annual re-authorization process.     9. QUALITY ASSURANCE       9.1. “Pickering” and LH acknowledge and agree that:   (a) LH must receive all of the information contained in the Call Report (the ”Data”) in order to facilitate its quality assurance obligations under this AGREEMENT;     (b) “Pickering” is responsible to ensure the accuracy of the Data collected and disclosed to LH.   (c) LH is a Health Information Custodian (HIC) as defined in the Ontario Personal Health Information Protection Act, 2004 (“PHIPA”), and therefore is required to comply with PHIPA, and as such is required to take steps that are reasonable in the circumstances to ensure that Personal Health Information, including the Data, in LH’s custody or control is protected against theft, loss and unauthorized use or disclosure and to ensure that the records containing such personal information are protected against unauthorized copying, modification or disposal;   (d) where the Data contains Personal Health Information, “Pickering” and LH further agree to collect, hold and disclose Personal Health Information pursuant to the provisions of PHIPA as Health Information Custodians (HIC) and Section 19 of the Act as applicable;   (e) in light of the foregoing, “Pickering” agrees to provide LH with access to the Data for the purposes set out in (a) above and as otherwise required or permitted by Applicable Law (the “Purposes”);   (f) “Pickering” and LH shall each notify the other of any problem with or errors in the Data of which such party may become aware.   9.2. LH shall develop and implement a quality assurance program consistent with applicable Standards including: (a) monitoring the delivery of patient care related to Medical Oversight provided by “Pickering” Firefighters through Case Reviews; Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 11 of 24            10. INFORMATION SHARING     10.1. Issues Resulting from Information Sharing   (a) Case Reviews will be performed by LH, through the Medical Advisory Board, on all patient care calls involving a controlled act provided by “Pickering”,   (b) All concerns received by “Pickering” pertaining to Medical Oversight issues will be forwarded to LH for Investigation and action and LH will notify “Pickering” of the results of its Investigation within two Business Days of completion of the Investigation.   10.2. Investigations   (a) LH will be lead investigative organization in the case of any/all investigations involving Medical Oversight. The final report will be provided to “Pickering” from LH and “Pickering” will be responsible for communicating the report and its findings to any external parties to the extent “Pickering” deems appropriate.   (b) LH may draw on any internal resources or personnel of the other Party that may assist the lead investigator in conducting and concluding investigations.   (c) In the event an investigation has both service delivery as well as Medical Oversight issues as a component of the overall scope of the investigation “Pickering” shall remain the lead investigative authority, but will have LH address the Medical Oversight issues as a co-investigation organization or upon mutual agreement separate from the oversight issues for investigation by LH.   10.3. Information To Be Shared between the Parties   To the extent requested, the following shall be shared between the Parties during an Investigation:   (a) All relevant written/typed incident reports; (b) All relevant audio recordings; (c) All relevant Call reports pertaining to an Investigation or Case Review; (d) Contact information of individuals involved in the Investigation; and (e) Other details as deemed appropriate by the parties.   10.4 “Pickering” will provide an up to date roster of all staff bi-annually to LH for billing and authorization tracking purposes.   10.5 “Pickering” will request LH certify new recruits for NHO (new hire orientation), minimum of 60 days before commencement of the dates requested. Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 12 of 24             11. SUPPLIES AND EQUIPMENT    11.1. LH and “Pickering” will collaborate regarding the supply, use and evaluation of equipment and supplies specific to Medical Oversight.     12. RESEARCH     12.1. LH will obtain the approval in writing of “Pickering” for all LH research proposals involving “Pickering”. If applicable, LH will obtain the approval of the Director of the Emergency Health Regulatory and Accountability Branch, Ministry of Health.   12.2. “Pickering”, at its discretion, may agree to support research conducted by LH with in-kind resources, if acceptable to LH, or financial resources. Any such support jointly agreed to by “Pickering” and LH shall be included in the budget of each study protocol.   12.3. Each Party will seek advice and input from the other for all publications relating to research described in Section 12.1 or 12.2 at least 30 days prior to submission for publication without peer review or, when applicable, for submission of the manuscript for peer review. The Parties each agree to keep confidential prior to publication all information contained in a publication or manuscript that has been submitted by the other for advice and input.   12.4. Authorship on any document submitted for publication will be granted in accordance with the guidelines outlined in the Uniform Requirements for manuscripts submitted to biomedical journals (NEJM Vol.336 (4); 1997: pp309-315) as regularly updated and published.   12.5. Each Party will acknowledge the other Party’s contributions to the study and/or publication in any publication or presentation derived from the study, if the other Party’s contribution does not meet the Uniform Requirements for authorship.     13. INSURANCE AND INDEMNIFICATION     13.1. Insurance of “Pickering”       “Pickering” shall, at its own expense, obtain and maintain in full force during the Term, all insurance that would be necessary and appropriate for a prudent Person in the same business. Such insurance shall include the following:   (a) commercial general and professional liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than $10,000,000 per occurrence and the policy shall include LH as an additional insured with respect to liability arising in the course of performance of the Services or under or in connection with this AGREEMENT. “Pickering” will provide LH with 30 days notice of change or non-renewal of the policy. Such policy shall include but not be limited to the following: Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 13 of 24               i. products and completed operations; ii. personal injury; iii. cross liability; iv. contractual liability; v. 30-days’ prior written notice of cancellation.   (b) errors and omissions liability insurance insuring for liability for errors and omissions in the performance of or failure to perform its obligations under this AGREEMENT, in an amount not less than $10,000,000 per claim.   (c) Network Security and Privacy Liability Coverage of not less than one million dollars ($1,000,000) and underwritten by an insurer licensed to conduct business in the Province of Ontario. Coverage shall include unauthorized access, electronic security breaches, theft or destruction of data within Provider’s computer network or other electronic information system. The Privacy Liability coverage shall include the theft of private personal information and include the failure to comply with privacy laws and their respective regulations regarding the collection, access, transmission, use and accuracy. Coverage shall be extended to include the costs associated with notification of affected parties as well as any fines or penalties imposed as a result of the breach.     13.2. Insurance of LH     LH shall, at its own expense, obtain and maintain in full force during the Term, all insurance that would be necessary and appropriate for a prudent Person in the same business. Such insurance shall include the following:   (a) commercial general and professional liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than $10,000,000 per occurrence and the policy shall include “Pickering” as an additional insured with respect to liability arising in the course of performance of the Services or under or in connection with this AGREEMENT. Such policy shall include but not be limited to the following:   i. products and completed operations; ii. personal injury; iii. cross liability; iv. contractual liability; v. 30-days’ prior written notice of change to the policy, cancellation, and/or non-renewal.     (b) errors and omissions liability insurance insuring for liability for errors and omissions in the performance of or failure to perform its obligations under this AGREEMENT, in an amount not less than $10,000,000 per claim. Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 14 of 24             (c) Network Security and Privacy Liability Coverage of not less than one million dollars ($1,000,000) and underwritten by an insurer licensed to conduct business in the Province of Ontario. Coverage shall include unauthorized access, electronic security breaches, theft or destruction of data within Provider’s computer network or other electronic information system. The Privacy Liability coverage shall include the theft of private personal information and include the failure to comply with privacy laws and their respective regulations regarding the collection, access, transmission, use and accuracy. Coverage shall be extended to include the costs associated with notification of affected parties as well as any fines or penalties imposed as a result of the breach.     13.3. Indemnification by “Pickering”   “Pickering” agrees to defend, indemnify, and hold harmless, LH and its officers, directors, employees, agents and representatives (the “Indemnified Parties”) from and against any and all liability, loss, costs, damages and expenses, causes of action, actions, claims, demands, lawsuits or other proceedings (“Claims”) which the Indemnified Parties, or any of them, may suffer or incur as a result of LH entering into this AGREEMENT. “Pickering” shall not however be responsible for any such Claims to the extent it is solely caused by the negligence or misconduct of LH.   13.4. Indemnification by Lakeridge Health   LH agrees to defend, indemnify, and hold harmless, and its officers, directors, employees, agents and representatives (the “Indemnified Parties”) from and against any and all liability, loss, costs, damages and expenses, causes of action, actions, claims, demands, lawsuits or other proceedings (“Claims”) which the Indemnified Parties, or any of them, may suffer or incur as a result of “Pickering” entering into this AGREEMENT. LH shall not however be responsible for any such Claims to the extent it is solely caused by the negligence or misconduct of “Pickering”.     14. TERM AND TERMINATION     14.1. Term   This AGREEMENT shall commence on/as of January 1st, 2025 and shall continue for the period of 3 years, expiring on December 31st, 2027 or as terminated pursuant to this Article 15 (the “Term”).   14.2. Termination by Either Party   Either Party may, at any time, and for any reason, terminate this AGREEMENT upon giving 30 days’ prior written notice to the other Party.   14.3. Effective Date of Termination Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 15 of 24             The effective date of the termination of this AGREEMENT shall be the last day of the notice period or such other date as the Parties agree.   14.4. Consequences of Termination   Upon termination of this AGREEMENT the provisions which by their nature are intended to survive beyond such termination will remain in effect. The termination of this AGREEMENT shall not relieve either of the Parties of their respective obligations or rights accrued up to and including the date of such termination.   14.5. Force Majeure   Notwithstanding anything contained in this AGREEMENT, neither Party shall be liable for any failure or delay on its part to perform any of the terms, conditions, covenants or obligations of this AGREEMENT to the extent that such failure or delay is the result of a cause beyond its reasonable control including such things as unavailability of material, equipment, utilities, services, an act of God, a fire, an act of the public enemy, an act of His Majesty in his sovereign capacity, laws, a flood, a quarantine restriction, an epidemic, a labour dispute, a riot, a civil commotion, vandalism, malicious mischief or other similar cause beyond its control and not avoidable by the exercise of reasonable foresight (excluding the inability to pay for the performance of such obligation) and which occurs without the default or negligence of the Party seeking relief. The Party being delayed shall be entitled to extend the time for fulfillment of such obligation by a time equal to the duration of such delay and the other Party shall not be entitled to any compensation for any loss or inconvenience occasioned thereby. The Party delayed shall however, use its best efforts to fulfill the obligation in question as soon as reasonably possible.     15. GENERAL PROVISIONS     15.1. Co-operation   “Pickering” shall co-operate with and provide assistance to LH as reasonably required by LH to facilitate the provision of LH’s obligations under this AGREEMENT.   15.2. Confidentiality   LH shall not disclose to any third party any trade secret of or confidential information about “Pickering” that LH may acquire through the use of the Data. Confidential information is Data and information which is designated as such by “Pickering” and includes personal information and personal health information as defined in PHIPA (“Confidential Information”). LH shall use Confidential Information only for the Purposes. LH shall limit disclosure of Confidential Information within its own organization to its directors, officers, employees, agents, consultants and other representatives having a need to know and shall not disclose Confidential Information to any third party (whether an individual, corporation, or other entity) without the prior written consent of “Pickering” The parties herein mutually agree that the confidentiality covenant herein shall survive the termination or discharge of this AGREEMENT.   “Pickering” shall not disclose to any third party any trade secret of or confidential information about LH that “Pickering” may acquire through the use of Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 16 of 24             the Data. Confidential information is Data and information which is designated as such by LH and includes personal information and personal health information as defined in PHIPA (“Confidential Information”). “Pickering” shall use Confidential Information only for the Purposes. “Pickering” shall limit disclosure of Confidential Information within its own organization to its directors, officers, employees, agents, consultants and other representatives having a need to know and shall not disclose Confidential Information to any third party (whether an individual, corporation, or other entity) without the prior written consent of LH, except where required by law. LH acknowledges that “Pickering” is subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, The parties herein mutually agree that the confidentiality covenant herein shall survive the termination or discharge of this AGREEMENT.   15.3. Nature of Relationship   Nothing contained in this AGREEMENT shall be construed as making the Parties (or their respective successors or permitted assigns), partners or joint venturers or construed as making any Party, its directors, officers, employees, volunteers, agents or other representatives an agent of any other Party. For greater certainty, none of the employees, principals, shareholders or independent contractors of “Pickering” shall be or be deemed to be employees of LH.   15.4. Assignment   Neither this AGREEMENT, nor any rights or obligations hereunder, may be assigned by LH or “Pickering” without the prior written consent of the other Party and any purported assignment done without such consent shall be of no force or effect. This AGREEMENT is binding upon and shall inure to the benefit of the Parties and their respective successors and permitted assigns and shall not be enforceable by or otherwise inure to the benefit of any other Person.   15.5. Invalidity   If any provision of this AGREEMENT is determined to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the validity, legality or enforceability of the remaining provisions of this AGREEMENT shall not in any way be affected or impaired thereby so long as the economic or legal substance of the matters contemplated hereby is not affected in any manner materially adverse to either Party.   15.6. Costs   Each Party shall bear its own costs with respect to the drafting, negotiation and interpretation of this AGREEMENT.   All other costs are outlined in schedule C as per this AGREEMENT.   15.7. Notices   Any notice, demand or other communication (in this Section 16.6 a “Notice”) required or permitted to be given or made hereunder shall be in writing and shall be well and sufficiently given or made if it is: Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 17 of 24             (a) delivered in person during normal business hours on a Business Day and left with a receptionist or other responsible employee of the relevant Party at the applicable address set forth below;   (b) sent by prepaid first class mail; or   (c) sent by any electronic means of sending messages, including facsimile transmission, which produces a paper record (an “Electronic Transmission”); in the case of LH, addressed to it at: Lakeridge Health 1 Hospital Ct Oshawa, ON L1G 2B9   Attn: Chief Financial Officer Tel: 905-576-8711 Fax: 905-721-4862 and in the case of “Pickering” addressed to: Pickering Fire Services 1700 Zents Drive Pickering, ON L1X 0N7     Attn: Chief Steve Boyd Tel: 905-839-9968       Any Notice given or made in accordance with this Section shall be deemed to have been given or made and to have been received:   (a) on the day it was delivered, if delivered as aforesaid; (b) on the third Business Day (excluding each day during which there exists any general interruption of postal services due to strike, lockout or other cause) after it was mailed, if mailed as aforesaid; and (c) on the day of sending if sent by Electronic Transmission during normal business hours of the addressee on a Business Day and, if not, then on the first Business Day after the sending thereof.   Any Party may from time to time change its address for notice by giving Notice to the other Party in accordance with the provisions of this Section.   15.8. Further Assurances   Each Party shall do such acts and shall execute and deliver such further agreements, documents, conveyances, deeds, assignments, transfers and the like, and shall cause the doing of such acts and the execution and delivery of such further it as is within its power and as the other Party may in writing at any time and from time to time reasonably request, in order to give full effect to the provisions of this AGREEMENT. Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 18 of 24             15.9. Remedies Cumulative   The rights and remedies under this AGREEMENT are cumulative and in addition to, and not in substitution for, any other rights and remedies, available at law or in equity or otherwise. No single or partial exercise by a Party of any right or remedy precludes or otherwise affects the exercise of any other right or remedy to which that Party may be entitled.   15.10. Counterparts and Facsimile Execution   This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument and receipt of a facsimile version of an executed signature page of this AGREEMENT by a Party shall constitute satisfactory evidence of execution of this AGREEMENT by such Party.   15.11. Dispute Resolution/Consultation and Negotiation   (a) In the event of a dispute between the Parties, each Party’s Designated Representative shall meet to attempt to resolve the Dispute. Each Party acknowledges that it is in their mutual interest to have their respective Designated Representative resolve all matters by mutual agreement and each agrees to act reasonably and in good faith to permit and encourage their respective representatives to do so.   (b) If such Designated Representatives are not able to resolve any Dispute referred to them within 15 Business Days, the matter shall be referred to the Director of LH and the Fire Chief or his designate of “Pickering”, each of whom shall be fully briefed on the matter and shall have the authority to negotiate on behalf of and bind their respective Party. If such senior representatives are not able to resolve any Dispute referred to them within 15 Business Days (the “Resolution Date”) of such referral, then the matter shall be referred to arbitration as provided for herein.   15.12. Dispute Resolution/Arbitration   (a) If the Parties do not reach a solution pursuant to Section 16.10 by the Resolution Date, the Dispute shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc., as amended from time to time, by a single arbitrator appointed pursuant to Rule 14(d) of the said Rules. The place of arbitration shall be Toronto, Canada. The language of the arbitration shall be English.   (b) Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and an enforcement, as the law of such jurisdiction may require or allow.     Signature Page Follows Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 19 of 24                 IN WITNESS WHEREOF the Parties hereto have duly executed on the day of , 2024.     The Corporation of the City of Pickering   By:   Name: Title:      By:   Name: Title:   LAKERIDGE HEALTH       By:     Name: Chris Squire Title: HSE, Corporate Services & Chief Financial Officer       By:     Name: Title: Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 20 of 24            SCHEDULE A - Designated Representatives     LAKERIDGE HEALTH     Jennifer Shanley, Manager Office Operations jshanley@lh.ca Lakeridge Health 1 Hospital Ct Oshawa, Ontario L1G 2B9    Tel: 905-433-4370 Fax: 905-721-4737 Pickering Fire Services     Steve Boyd, Chief sboyd@pickering.ca Pickering Fire Services 1700 Zents Drive Pickering, ON L1X 0N7    Tel: 905-839-9968 Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 21 of 24             SCHEDULE B – Training Programs   EMR Program – Core plus Auxillary Program 1 Initial EMR certification (New Hire) (24 hrs, maximum 15 participants) includes:  CPR/AED certification  Delegation of controlled acts  Authority to perform scope of practice, as per medical directives  Blended delivery available Bi-annual EMR recertification, (16hrs) includes:  CPR/AED recertification  Remain in good standing with CEPCP for scope of practice and delegated acts  Maintenance of skills, updates as needed  1 make up session per shift & 4 make – up sessions at CEPCP (1st come 1st serve) Oversight with documentation of medical calls on MAR system  Remediation as required Access to CEPCP resources  Access to LMS  Digital copies of medical directives, first responder manual  CEPCP serves in advisory role for pre- hospital patient care, this is facilitated through clinical coordinators, and the Medical Advisory Board.  Meeting with CEPCP for overview of service  Annual Biomedical Engineering quality assurance & technical support     Additional at Cost Services     Additional New Hire Certification (maximum of 12) during the year if services wish to hire another recruit class   CEPCP First Aid Certification and CPR/AED certification for services staff   Make up sessions over and above what is provided Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 22 of 24             SCHEDULE C – Fees & Payment for Services      Item   Frequency Amount Initial Selection202520262027 EMR Direct delivery program  Bi-Annual $275 per firefighter $275 per firefighter $275 per firefighter   EMR Additional New Hire  As required $1200 per course max 12 $1200 per course max 12 $1200 per course max 12    EMR Additional New Hire   As required $100 per firefighter above 12 $100 per firefighter above 12 $100 per firefighter above 12   Make-up Sessions  As required  See 7.6 See 7.6 See 7.6   Course Cancellation Fee  As required  See 7.9 See 7.9 See 7.9   Emergency First Aid  As required $710 plus HST Max 12 $710 plus HST Max 12 $710 plus HST Max 12    Standard First Aid  As required $1365 plus HST Max 12 $1365 plus HST Max 12 $1365 plus HST Max 12   CPR – Healthcare Provider  As required $100 per person Max 12 $100 per person Max 12 $100 per person Max 12   AED Supplies & Maintenance   Bi-Annual $450 per AED ($900 per year) $450 per AED ($900 per year) $450 per AED ($900 per year)       Notes:   LH will invoice “Pickering” bi-annually in June & December for:   1. the total number of Firefighters who receive medical oversight from the Medical Advisory Board of CEPCP, at any point during the calendar year.   2. any additional items required by “Pickering”     The Parties agree to negotiate and append additional fee structures for work not described in this AGREEMENT. Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 23 of 24            SCHEDULE D – Quality Assurance      It is recognized that the quality assurance requirements will need to be reviewed regularly to ensure that the needs of both Parties are being met and in fulfillment of the terms of this AGREEMENT.   Data Requirements:   Data will be provided to LH as described in the AGREEMENT. The minimum data required are to be captured in a form mutually agreed to by both Parties.   Case reviews:   LH will audit all calls where a Call Report for patient care involving controlled act(s) is received by LH from “Pickering”, using a standardized audit tool.   The results of a chart audit will be available no later than five weeks following the commencement of the audit.   The Parties agree to the following process:    LH will issue individual case feedback forms when clarification is required “Pickering” will make reasonable efforts to encourage a response within 3 weeks of receipt. An additional 2 weeks may be added where the Firefighters are reasonably unavailable to complete the request, or where it is likely that the feedback form was not received.   Report Requirements:   LH will provide the following minimum reports to “Pickering”. If additional reports are required they will be negotiated and appended to this AGREEMENT:    Case Review reports:  Semi-annual. Agreement to Provide Medical Oversight Services CEPCP and Pickering Fire Services Page 24 of 24            SCHEDULE E – Controlled Acts and Advanced Medical Procedures    “Pickering” requests authorization to perform the following Controlled Acts and Advanced Medical Procedures, in accordance with CEPCP’s Fire Services Medical Directives, Policies and Guidelines.   “Pickering” to initial beside each item they are requesting delegation to perform.   Directive and Controlled Act and Advanced Medical Procedures Fire Service Initials Cardiac Arrest General Medical Directive    Use of AED and provide defibrillation   Medical Cardiac Arrest Medical Directive   Use of AED and provide defibrillation   Hypothermia Cardiac Arrest Directive   Use of AED and provide defibrillation   Trauma Arrest Medical Directive    Use of AED and provide defibrillation   Foreign Body Airway Obstruction Cardiac Arrest Medical Directive  Use of AED and provide defibrillation   Newborn Resuscitation Medical Directive    Advanced medical procedures   Anaphylaxis Medical Directive   Administer Epinephrine, IM   Opioid Toxicity Medical Directive    Administer Naloxone, IN   Emergency Bandage Application Medical Directive   Medical grade tourniquet application  Hemostatic dressing application