HomeMy WebLinkAboutCSD-19-004 - Multi-Sector Service Accountability AgreementREPORT TO:Community and Infrastructure Services Committee
DATE OF MEETING:March 18, 2019
SUBMITTED BY:LoriAnn Palubeski, Manager, Program & Resource Services, 519-741-
2200, ext 7623
PREPARED BY:LoriAnn Palubeski, Manager, Program & Resource Services, 519-741-
2200, ext 7623
WARD (S) INVOLVED:All
DATE OF REPORT:February 20, 2019
REPORT NO.:CSD-19-004
SUBJECT:MULTI-SECTOR SERVICE ACCOUNTABILITY AGREEMENTFOR
SENIORDAY AND PEER SUPPORT PROGRAMS
___________________________________________________________________________
RECOMMENDATION:
Thatthe Mayor and Clerk be authorized to execute an agreement with the Waterloo Wellington
Local Health Integration Network for the Multi-Sector Service Accountability Agreement; and,
That the Deputy CAO of Community Services be authorized to executethe necessary
documentation relating to compliance, reportingand operational matters required by the Multi-
Sector Accountability Agreementbetween The Corporation of the City of Kitchener and the
Waterloo Wellington Local Health Integration Network; said documentation and agreement to be
to the satisfaction of the City Solicitor.
BACKGROUND:
The Senior Day Program and Peer Helping Programs are two specialized programs run by the City of
Kitchener for Adults 55+. The Senior Day Program operates 6 days a week out of the Downtown
Community Centre and provides structured and inclusive programming for older adults with a variety of
physical and cognitive disabilities. The Peer Support Program provides supportive programming
opportunities to assist older adultsfacing various life transitions including early-stage dementia,
caregiving, and social isolation. In recent years the Peer Support Program has expanded their service
offerings to other City of Kitchener locations including golf courses, community centres,and local parks
to ensure supportive programming opportunities are available toolder adults at the neighbourhood level.
Both of these programs receive a large proportion of funding from the Waterloo Wellington Local Health
Integration Network (WWLHIN).
In 2006, the Government of Ontario regionalized health services with the introduction of 14 Local Health
Integration Networks (LHIN). Each LHIN is responsible for planning, integrating, coordinating and funding
of local health services. To support transparent and responsible use of health resources, accountability
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
2 - 1
The funding agreement known as the Multi-Sector Service Accountability Agreement (M-SAA) is a
standardized contract among all LHIN funded service providers. This document must receive council
approval prior to being submitted to the WWLHIN. The M-SSA includes schedules outlining:
Services that are to be provided with the LHIN funding
Corporate entity reporting requirements
Financial reporting requirements
Relevant policies and standards applicable to the funded services; and
Performance obligations for the funded programs
REPORT:
The previous M-SAA agreement whichcommenced on April 1, 2011, is concluding March 31, 2019 and
is requiring renewal. On September 30, 2018 the WWLHIN formally notified the City of the requirement
to enter into a new three year M-SAA in order to maintain funding for the Senior Day and Peer Helping
Programs. This new agreement would commence on April 1, 2019 and conclude March 31, 2022.
Please find attached a finalized copy of the 2019-2022 Multi-Sector Service Accountability Agreement.
(Appendix A)
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
delivery of core service.
FINANCIAL IMPLICATIONS:
Over 80% of the budget for these programs are fundedthrough the WWLHIN and user fees. The total
estimated budget for these programs in 2019/2020 will be $826,823, with the City of Kitchener
contributing up to $150,791 and the WWLHIN contributing $575,628.
COMMUNITY ENGAGEMENT:
INFORM This report has
council / committee meeting.
ACKNOWLEDGED BY: Michael May, Deputy CAO, Community ServicesDepartment
2 - 2
141 Weber Street. South
Waterloo, Ontario N2J 2A9
519-748-2222
Toll Free: 1 866 306-5446
www.waterloowellingtonlhin.on.ca
February 11, 2019
Ms.BethanyPearce
Supervisor
The Corporation of the City of Kitchener
200 King St. W.P.O. Box 1118
Kitchener, ON
N2G 4G7
DearMs.Pearce:
Re: 2019-2022 Multi-SectorService Accountability Agreement (M-SAA)
Through the requirements as specified in the Local Health System Integration Act (LHSIA) and
the Ministry-LHIN Accountability Agreement(M-LAA), Local Health Integration Networks
(LHINs) must have a current Multi-Sector Service Accountability Agreement (M-SAA)in place
with their health service providers. As such, the WWLHIN has attached your Agreement and
st
updated schedules for your M-SAA through to March 312022.
To ensure an M-SAA is in place by April 1 2019,please complete the following required
actions:
31)Print two copies of the Agreement and obtain appropriate signatures to execute the
agreements on both copies. Signatures should be obtained from those with authority to
bind the HSP; and,
32)Mailor courier both copies of the Agreement to the WWLHIN by March 1, 2019.
After your signed Agreement is received by the WWLHIN, youwill receive a fully executed
Agreement, signed by our CEO and Board Chair, prior to March 31, 2019.
…/2
2 - 3
The Corporation of the City of Kitchener
Multi-Sector Service Accountability Agreement (MSAA)
-2-
Should you require any further information or clarification, please contact Zeynep Danis, VP,
Finance &Corporate Services at 519-748-2222 x3216 or zeynep.danis@lhins.on.ca
Sincerely,
Bruce Lauckner
Chief Executive Officer
/kp
c: Mr.Chair, Board of Directors,WaterlooWellington LHIN
Mayor Berry Vrbanovic,The Corporation oftheCityof Kitchener
2 - 4
MULTI-SECTOR SERVICE ACCOUNTABILITY AGREEMENT
April 1, 2019 to March 31, 2022
SERVICE ACCOUNTABILITY AGREEMENT
with
The Corporation of the City of Kitchener
Effective Date: April 1, 2019
Index to Agreement
ARTICLE 1.0 - DEFINITIONS & INTERPRETATION ................................................. 3
ARTICLE 2.0 - TERM AND NATURE OF THIS AGREEMENT ................................ 10
ARTICLE 3.0 - PROVISION OF SERVICES ............................................................ 10
ARTICLE 4.0 - FUNDING ......................................................................................... 13
ARTICLE 5.0 - REPAYMENT AND RECOVERY OF FUNDING .............................. 16
ARTICLE 6.0 - PLANNING & INTEGRATION .......................................................... 18
ARTICLE 7.0 - PERFORMANCE ............................................................................. 21
ARTICLE 8.0 - REPORTING, ACCOUNTING AND REVIEW .................................. 22
ARTICLE 9.0 - ACKNOWLEDGEMENT OF LHIN SUPPORT .................................. 26
ARTICLE 10.0 - REPRESENTATIONS, WARRANTIES AND COVENANTS ........... 26
ARTICLE 11.0 - LIMITATION OF LIABILITY, INDEMNITY & INSURANCE ............. 29
ARTICLE 12.0 - TERMINATION AND EXPIRY OF AGREEMENT .......................... 31
ARTICLE 13.0 - NOTICE .......................................................................................... 34
ARTICLE 14.0 - ADDITIONAL PROVISIONS ........................................................... 35
ARTICLE 15.0 - ENTIRE AGREEMENT .................................................................. 36
Schedules
A.Total LHIN Funding
B.Reports
C.Directives, Guidelines, Policies & Standards
D.Performance
D1.Core Indicators
D2a.Clinical Activity Detail
D2b.Sector Specific Indicators
D3a. Local Indicators & Obligations
E.Project Funding Agreement Template
F.Declaration of Compliance
2 - 5
st
THIS AGREEMENT effective as of the 1 day of April, 2019
BETWEEN:
WATERLOO WELLINGTON LOCAL HEALTH INTEGRATION NETWORK
(the “LHIN”)
-and -
The Corporation of the City of Kitchener (the “HSP”)
Background:
This service accountability agreement, entered into pursuant to the Local Health
System Integration Act, 2006 (“LHSIA”), reflects and supports the commitment of
the LHIN and the HSP to, separately, jointly, and in cooperation with other
stakeholders, work diligently and collaboratively toward the achievement of the
purpose of LHSIA, namely “to provide for an integrated health system to improve
the health of Ontarians through better access to high quality health services, co-
ordinated health care in local health systems and across the province and effective
and efficient management of the health system at the local level by local health
integration networks”.
The HSP and the LHIN, being committed to a health care system as envisioned by
LHSIA, intend to cooperate to advance the purpose and objects of LHSIA and the
further development of a patient-centered, integrated, accountable, transparent,
and evidence-based health system contemplated by LHSIA. They will do so by
such actions as: supporting the development and implementation of sub-regions
and Health Links to facilitate regional integrated health care service delivery;
breaking down silos that inhibit the seamless transition of patients within the health
care system; striving for the highest quality and continuous improvement in the
delivery of health services and in all aspects of the health system, including by
identifying and addressing the root causes of health inequities, and by improving
access to primary care, mental health and addiction services and wait times for
specialists; and otherwise striving for the highest quality and continuous
improvement in the delivery of health services and in all aspects of the health
system.
The HSP and the LHIN are committed to working together, and with others, to
achieve evolving provincial priorities including those described: in mandate letters
from the Minister of Health and Long-Term Care to the LHIN; in the provincial
strategic plan for the health system; and, in the LHIN’s Integrated Health Services
Plan.
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 2 of 836
2 - 6
In this context, the HSP and the LHIN agree that the LHIN will provide funding to
the HSP on the terms and conditions set out in this Agreement to enable the
provision of services to the local health system by the HSP.
In consideration of their respective agreements set out below, the LHIN and the
HSP covenant and agree as follows:
ARTICLE 1.0- DEFINITIONS & INTERPRETATION
1.1 Definitions. In this Agreement the following terms will have the following
meanings:
“Accountability Agreement” means the accountability agreement, as that
term is defined in LHSIA, in place between the LHIN and the MOHLTC
during a Funding Year, currently referred to as the Ministry-LHIN
Accountability Agreement;
“Active Offer”means the clear and proactive offer of service in French to
individuals, from the first point of contact, without placing the responsibility
of requesting services in French on the individual;
“Agreement” means this agreement and includes the Schedules and any
instrument amending this agreement or the Schedules;
“Annual Balanced Budget” means that, in each Funding Year of the term
of this Agreement, the total revenues of the HSP are greater than or equal
to the total expenses, from all sources, of the HSP;
“Applicable Law” means all federal, provincial or municipal laws,
regulations, common law, orders, rules or by-laws that are applicable to the
HSP, the Services, this Agreement and the parties’ obligations under this
Agreement during the term of this Agreement;
“Applicable Policy” means any rules, policies, directives, standards of
practice or Program Parameters issued or adopted by the LHIN, the
MOHLTC or other ministries or agencies of the province of Ontario that are
applicable to the HSP, the Services, this Agreement and the parties’
obligations under this Agreement during the term of this Agreement.
Without limiting the generality of the foregoing, Applicable Policy includes
the other documents identified in Schedule C;
“Board” means:
(1) in respect of an HSP that does not have a Long-Term Care Home
Service Accountability Agreement with the LHIN and is:
(a) a corporation, the board of directors;
(b) a First Nation, the band council; and
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 3 of 836
2 - 7
(c) a municipality, the municipal council;
and,
(2) in respect of an HSP that has a Long-Term Care Home Service
Accountability Agreement with the LHIN and may be:
(a) a corporation, the board of directors;
(b) a First Nation, the band council;
(c) a municipality, the committee of management;
(d) a board of management established by one or more municipalities
or by one or more First Nations’ band councils, the members of
the board of management;
“BPSAA” means the Broader Public Sector Accountability Act, 2010 and
regulations made under it, as it and they may be amended from time to
time;
“Budget” means the budget approved by the LHIN and appended to this
Agreement in Schedule A;
“CEO” means the individual accountable to the Board for the provision of
the Services in accordance with the terms of this Agreement;
“Chair” means, if the HSP is:
(a) a corporation, the Chair of the Board;
(b) a First Nation, the Chief; and
(c) a municipality, the Mayor,
or such other person properly authorized by the Board or under Applicable
Law;
“Compliance Declaration” means a compliance declaration substantially in
the form set out in Schedule F;
“Confidential Information” means information that is: (1) marked or
otherwise identified as confidential by the disclosing party at the time the
information is provided to the receiving party; and (2) eligible for exclusion
from disclosure at a public board meeting in accordance with section 9 of
LHSIA. Confidential Information does not include information that: (a) was
known to the receiving party prior to receiving the information from the
disclosing party; (b) has become publicly known through no wrongful act of
the receiving party; or (c) is required to be disclosed by law, provided that
the receiving party provides Notice in a timely manner of such requirement
to the disclosing party, consults with the disclosing party on the proposed
form and nature of the disclosure, and ensures that any disclosure is made
in strict accordance with Applicable Law;
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 4 of 836
2 - 8
“Conflict of Interest” in respect of an HSP, includes any situation or
circumstance where: in relation to the performance of its obligations under
this Agreement:
(a) the HSP;
(b) a member of the HSP’s Board; or
(c) any person employed by the HSP who has the capacity to influence
the HSP’s decision,
has other commitments, relationships or financial interests that:
(a) could or could be seen to interfere with the HSP’s objective, unbiased
and impartial exercise of its judgement; or
(b) could or could be seen to compromise, impair or be incompatible with
the effective performance of its obligations under this Agreement;
“Controlling Shareholder” of a corporation means a shareholder who or
which holds (or another person who or which holds for the benefit of such
shareholder), other than by way of security only, voting securities of such
corporation carrying more than 50% of the votes for the election of directors,
provided that the votes carried by such securities are sufficient, if exercised,
to elect a majority of the board of directors of such corporation;
“Days” means calendar days;
“Designated”means designated as a public service agency under the
FLSA;
“Digital Health” has the meaning ascribed to it in the Accountability
Agreement and means the coordinated and integrated use of electronic
systems, information and communication technologies to facilitate the
collection, exchange and management of personal health information in
order to improve the quality, access, productivity and sustainability of the
healthcare system;
“Effective Date” means April 1, 2019;
“Explanatory Indicator”means a measure that is connected to and helps
to explain performance in a Performance Indicator or a Monitoring
Indicator. An Explanatory Indicator may or may not be a measure of the
HSP’s performance. No Performance Target is set for an Explanatory
Indicator;
“Factors Beyond the HSP’s Control”include occurrences that are, in
whole or in part, caused by persons, entities or events beyond the HSP’s
control. Examples may include, but are not limited to, the following:
(a) significant costs associated with complying with new or amended
Government of Ontario technical standards, guidelines, policies or
legislation;
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 5 of 836
2 - 9
(b) the availability of health care in the community (hospital care, long-
term care, home care, and primary care);
(c) the availability of health human resources; arbitration decisions that
affect HSP employee compensation packages, including wage,
benefit and pension compensation, which exceed reasonable HSP
planned compensation settlement increases and in certain cases
non-monetary arbitration awards that significantly impact upon HSP
operational flexibility; and
(d) catastrophic events, such as natural disasters and infectious disease
outbreaks;
“FIPPA” means the Freedom of Information and Protection of Privacy Act
(Ontario) and the regulations made under it as it and they may be amended
from time to time;
“FLSA” means the French Language Services Act and the regulations made
under it as it and they may be amended from time to time;
“Funding”means the amounts of money provided by the LHIN to the HSP
in each Funding Year of this Agreement;
“Funding Year” means in the case of the first Funding Year, the period
commencing on the Effective Date and ending on the following March 31,
and in the case of Funding Years subsequent to the first Funding Year, the
period commencing on the date that is April 1 following the end of the
previous Funding Year and ending on the following March 31;
“Health System Funding Reform” has the meaning ascribed to it in the
Accountability Agreement, and is a funding strategy that features quality-
based funding to facilitate fiscal sustainability through high quality,
evidence-based and patient-centred care;
“HSP’s Personnel and Volunteers” means the Controlling Shareholders (if
any), directors, officers, employees, agents, volunteers and other
representatives of the HSP. In addition to the foregoing, HSP’s Personnel
and Volunteers shall include the contractors and subcontractors and their
respective shareholders, directors, officers, employees, agents, volunteers
or other representatives;
“Identified”means identified by the LHIN or the MOHLTC to provide French
language services;
“Indemnified Parties”means the LHIN and its officers, employees,
directors, independent contractors, subcontractors, agents, successors and
assigns and Her Majesty the Queen in right of Ontario and Her Ministers,
appointees and employees, independent contractors, subcontractors,
agents and assigns. Indemnified Parties also includes any person
participating on behalf of the LHIN in a Review;
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 6 of 836
2 - 10
“Interest Income” means interest earned on the Funding;
“LHIN Cluster” has the meaning ascribed to it in the Accountability
Agreement and is a grouping of LHINs for the purpose of advancing Digital
Health initiatives through regional coordination aligned with the MOHLTC’s
provincial priorities;
“LHSIA”means the Local Health System Integration Act, 2006, and the
regulations made under it, as it and they may be amended from time to
time;
“Mandate Letter” has the meaning ascribed to it in the Memorandum of
Understanding between MOHLTC and the LHIN, and means a letter from
MOHLTC to the LHIN establishing priorities in accordance with the
Premier’s mandate letter to MOHLTC;
“Minister” means the Minister of Health and Long-Term Care;
“MOHLTC” means the Minister or the Ministry of Health and Long-Term
Care, as the context requires;
“Monitoring Indicator” means a measure of HSP performance that may be
monitored against provincial results or provincial targets, but for which no
Performance Target is set;
“MSAA Indicator Technical Specifications document” means, as the
context requires, either or both of the document entitled “Multi-Sector
Service Accountability Agreement (MSAA) 2019-20 Indicator Technical
Specifications November 5, 2018 Version 1.3” and the document entitled
“Multi-Sector Service Accountability Agreement (MSAA) 2019-20 Target and
Corridor-Setting Guidelines” as they may be amended or replaced from time
to time;
“Notice” means any notice or other communication required to be provided
pursuant to this Agreement or LHSIA;
“Performance Agreement” means an agreement between an HSP and its
CEO that requires the CEO to perform in a manner that enables the HSP to
achieve the terms of this Agreement and any additional performance
improvement targets set out in the HSP’s annual quality improvement plan
under the Excellent Care for All Act, 2010;
“Performance Corridor” means the acceptable range of results around a
Performance Target;
“Performance Factor” means any matter that could or will significantly
affect a party’s ability to fulfill its obligations under this Agreement;
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 7 of 836
2 - 11
“Performance Indicator” means a measure of HSP performance for which
a Performance Target is set; technical specifications of specific
Performance Indicators can be found in the MSAA Indicator Technical
Specifications document;
“Performance Standard” means the acceptable range of performance for a
Performance Indicator or a Service Volume that results when a
Performance Corridor is applied to a Performance Target;
“Performance Target” means the level of performance expected of the
HSP in respect of a Performance Indicator or a Service Volume;
“person or entity” includes any individual and any corporation, partnership,
firm, joint venture or other single or collective form of organization under
which business may be conducted;
“Planning Submission” or “CAPS” or “Community Accountability
Planning Submission” means the HSP Board approved planning
document submitted by the HSP to the LHIN. The form, content and
scheduling of the Planning Submission will be identified by the LHIN;
“Program Parameter” means, in respect of a program, the provincial
standards (such as operational, financial or service standards and policies,
operating manuals and program eligibility), directives, guidelines and
expectations and requirements for that program;
“Project Funding Agreement” means an agreement in the form of
Schedule D that incorporates the terms of this Agreement and enables the
LHIN to provide one-time or short term funding for a specific project or
service that is not already described in the Schedules;
“Reports” means the reports described in Schedule B as well as any other
reports or information required to be provided under LHSIA or this
Agreement;
“Review” means a financial or operational audit, investigation, inspection or
other form of review requested or required by the LHIN under the terms of
LHSIA or this Agreement, but does not include the annual audit of the
HSP’s financial statements;
“Schedule” means any one, and “Schedules” mean any two or more, as the
context requires, of the schedules appended to this Agreement including the
following:
Schedule A: Total LHIN Funding;
Schedule B: Reports;
Schedule C: Directives, Guidelines and Policies;
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 8 of 836
2 - 12
Schedule D: Performance;
D1.Core Indicators
D2a.Clinical Activity Detail
D2b.Sector Specific Indicators
D3a. Local Indicators & Obligations
Schedule E: Project Funding Agreement Template; and
Schedule F: Declaration of Compliance.
“Service Plan” means the Operating Plan and Budget appended as
Schedules A and D2a;
“Services” means the care, programs, goods and other services described
by reference to the Ontario Healthcare Reporting Standards functional
centres in Schedule D2a, and in any Project Funding Agreement executed
pursuant to this Agreement, and includes the type, volume, frequency and
availability of the care, programs, goods and other services;
“Service Volume” means a measure of Services for which a Performance
Target is set;
“Transition Plan” means a transition plan, acceptable to the LHIN that
indicates how the needs of the HSP’s clients will be met following the
termination of this Agreement and how the transition of the clients to new
service providers will be effected in a timely manner; and
“2014-18 MSAA” means the Multi-Sector Service Accountability Agreement
April 1, 2014 to March 31, 2018.
1.2 Interpretation.Words in the singular include the plural and vice-versa.
Words in one gender include all genders. The words “including” and
“includes” are not intended to be limiting and shall mean “including without
limitation” or “includes without limitation”, as the case may be. The
headings do not form part of this Agreement. They are for convenience of
reference only and will not affect the interpretation of this Agreement. Terms
used in the Schedules shall have the meanings set out in this Agreement
unless separately and specifically defined in a Schedule in which case the
definition in the Schedule shall govern for the purposes of that Schedule.
1.3 MSAA Indicator Technical Specification Document. This Agreement
shall be interpreted with reference to the MSAA Indicator Technical
Specifications document.
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 9 of 836
2 - 13
ARTICLE 2.0- TERM AND NATURE OF THIS AGREEMENT
2.1 Term. The term of this Agreement will commence on the Effective Date and
will expire on March 31, 2022 unless terminated earlier or extended
pursuant to its terms.
2.2 A Service Accountability Agreement. This Agreement is a service
accountability agreement for the purposes of section 20(1) of LHSIA.-
PROVISION OF SERVICES
3.1 Provision of Services.
(a) The HSP will provide the Services in accordance with, and otherwise
comply with:
(1) the terms of this Agreement, including the Service Plan;
(2) Applicable Law; and
(3) Applicable Policy.
(b) When providing the Services, the HSP will meet the Performance
Standards and conditions identified in Schedule D and any applicable
Project Funding Agreements.
(c) Unless otherwise provided in this Agreement, the HSP will not reduce,
stop, start, expand, cease to provide or transfer the provision of the
Services or change its Service Plan except with Notice to the LHIN, and
if required by Applicable Law or Applicable Policy, the prior written
consent of the LHIN.
(d) The HSP will not restrict or refuse the provision of Services to an
individual, directly or indirectly, based on the geographic area in which
the person resides in Ontario.
(e) The HSP will not withdraw any Services from a patient with complex
needs who continues to require those Services, unless prior to
discharging that patient from the Services, the HSP has made alternate
arrangements for equivalent services to be delivered to that patient.
3.2 Subcontracting for the Provision of Services.
(a) The parties acknowledge that, subject to the provisions of LHSIA, the
HSP may subcontract the provision of some or all of the Services. For
the purposes of this Agreement, actions taken or not taken by the
subcontractor, and Services provided by the subcontractor, will be
deemed actions taken or not taken by the HSP, and Services provided
by the HSP.
(b) When entering into a subcontract the HSP agrees that the terms of the
subcontract will enable the HSP to meet its obligations under this
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 10 of 836
2 - 14
Agreement. Without limiting the foregoing, the HSP will include a
provision that permits the LHIN or its authorized representatives, to audit
the subcontractor in respect of the subcontract if the LHIN or its
authorized representatives determines that such an audit would be
necessary to confirm that the HSP has complied with the terms of this
Agreement.
(c) Nothing contained in this Agreement or a subcontract will create a
contractual relationship between any subcontractor or its directors,
officers, employees, agents, partners, affiliates or volunteers and the
LHIN.
(d) When entering into a subcontract, the HSP agrees that the terms of
the subcontract will enable the HSP to meet its obligations under
the FLSA.
3.3 Conflict of Interest.The HSP will use the Funding, provide the Services
and otherwise fulfil its obligations under this Agreement, without an actual,
potential or perceived Conflict of Interest. The HSP will disclose to the LHIN
without delay any situation that a reasonable person would interpret as an
actual, potential or perceived Conflict of Interest and comply with any
requirements prescribed by the LHIN to resolve any Conflict of Interest.
3.4 Digital Health. The HSP agrees to:
(a) assist the LHIN to implement provincial Digital Health priorities for 2017-
18 and thereafter in accordance with the Accountability Agreement, as
may be amended or replaced from time to time;
(b) comply with any technical and information management standards,
including those related to data, architecture, technology, privacy and
security set for health service providers by MOHLTC or the LHIN within
the timeframes set by MOHLTC or the LHIN as the case may be;
(c) implement and use the approved provincial Digital Health solutions
identified in the LHIN Digital Health plan;
(d) implement technology solutions that are compatible or interoperable with
the provincial blueprint and with the LHIN Cluster Digital Health plan;
and
(e) include in its annual Planning Submissions, plans for achieving Digital
Health priority initiatives.
3.5 French Language Services.
3.5.1 The LHIN will provide the MOHLTC “Guide to Requirements and
Obligations of LHIN French Language Services” to the HSP and the HSP
will fulfill its roles, responsibilities and other obligations set out therein.
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 11 of 836
2 - 15
3.5.2If Not Identified or Designated. If the HSP has not been Designated or
Identified it will:
(a) develop and implement a plan to address the needs of the local
Francophone community, including the provision of information on services
available in French;
(b) work towards applying the principles of Active Offer in the provision of
services;
(c) provide a report to the LHIN that outlines how the HSP addresses the needs
of its local Francophone community; and
(d) collect and submit to the LHIN as requested by the LHIN from time to time,
French language service data.
3.5.3 If Identified. If the HSP is Identified it will:
(a) work towards applying the principles of Active Offer in the provision of
services;
(b) provide services to the public in French in accordance with its existing
French language services capacity;
(c) develop, and provide to the LHIN upon request from time to time, a plan to
become Designated by the date agreed to by the HSP and the LHIN;
(d) continuously work towards improving its capacity to provide services in
French and toward becoming Designated within the time frame agreed to
by the parties;
(e) provide a report to the LHIN that outlines progress in its capacity to provide
services in French and toward becoming Designated;
(f) annually, provide a report to the LHIN that outlines how it addresses the
needs of its local Francophone community; and
(g) collect and submit to the LHIN, as requested by the LHIN from time to
time, French language services data.
3.5.4 If Designated. If the HSP is Designated it will:
(a) apply the principles of Active Offer in the provision of services;
(b) continue to provide services to the public in French in accordance with the
provisions of the FLSA;
(c) maintain its French language services capacity;
(d) submit a French language implementation report to the LHIN on the date
specified by the LHIN, and thereafter, on each anniversary of that date, or
on such other dates as the LHIN may, by Notice, require; and
(e) collect and submit to the LHIN as requested by the LHIN from time to time,
French language services data.
3.6 Mandate Letter language.The LHIN will receive a Mandate Letter from
MOHLTC annually. Each Mandate Letter articulates areas of focus for the
LHIN, and MOHLTC’s expectation that the LHIN and health service
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 12 of 836
2 - 16
providers it funds will collaborate to advance these areas of focus. To assist
the HSP in its collaborative efforts with the LHIN, the LHIN will share each
relevant Mandate Letter with the HSP. The LHIN may also add local
obligations to Schedule D as appropriate to further advance any priorities
set put in a Mandate Letter.
3.7 Policies, Guidelines, Directives and Standards. Either the LHIN or the
MOHLTC will give the HSP Notice of any amendments to the manuals,
guidelines or policies identified in Schedule C. An amendment will be
effective in accordance with the terms of the amendment. By signing a copy
of this Agreement the HSP acknowledges that it has a copy of the
documents identified in Schedule C.
ARTICLE 4.0- FUNDING
4.1 Funding. Subject to the terms of this Agreement, and in accordance with
the applicable provisions of the Accountability Agreement, the LHIN:
(a) will provide the funds identified in Schedule A to the HSP for the
purpose of providing or ensuring the provision of the Services; and
(b) will deposit the funds in regular instalments, once or twice monthly,
over the term of this Agreement, into an account designated by the
HSP provided that the account resides at a Canadian financial
institution and is in the name of the HSP.
4.2 Limitation on Payment of Funding. Despite section 4.1, the LHIN:
(a) will not provide any funds to the HSP until this Agreement is fully
executed;
(b) may pro-rate the funds identified in Schedule A to the date on which
this Agreement is signed, if that date is after April 1;
(c) will not provide any funds to the HSP until the HSP meets the
insurance requirements described in section 11.4;
(d) will not be required to continue to provide funds in the event the HSP
breaches any of its obligations under this Agreement, until the breach
is remedied to the LHIN’s satisfaction; and
(e) upon Notice to the HSP, may adjust the amount of funds it provides
to the HSP in any Funding Year based upon the LHIN’s assessment
of the information contained in the Reports.
4.3 Appropriation. Funding under this Agreement is conditional upon an
appropriation of moneys by the Legislature of Ontario to the MOHLTC and
funding of the LHIN by the MOHLTC pursuant to LHSIA. If the LHIN does
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 13 of 836
2 - 17
not receive its anticipated funding the LHIN will not be obligated to make the
payments required by this Agreement.
4.4 Additional Funding.
(a) Unless the LHIN has agreed to do so in writing, the LHIN is not
required to provide additional funds to the HSP for providing
additional Services or for exceeding the requirements of Schedule D.
(b) The HSP may request additional funding by submitting a proposal to
amend its Service Plan. The HSP will abide by all decisions of the
LHIN with respect to a proposal to amend the Service Plan and will
make whatever changes are requested or approved by the LHIN.
The Service Plan will be amended to include any approved additional
funding.
(c)Funding Increases. Before the LHIN can make an allocation of
additional funds to the HSP, the parties will:
(1) agree on the amount of the increase;
(2) agree on any terms and conditions that will apply to the increase;
and
(3) execute an amendment to this Agreement that reflects the
agreement reached.
4.5 Conditions of Funding.
(a) The HSP will:
(1) fulfill all obligations in this Agreement;
(2) use the Funding only for the purpose of providing the Services in
accordance with Applicable Law, Applicable Policy and the terms
of this Agreement;
(3) spend the Funding only in accordance with the Service Plan; and
(4) plan for and achieve an Annual Balanced Budget.
(b) The LHIN may add such additional terms or conditions on the use of
the Funding which it considers appropriate for the proper expenditure
and management of the Funding.
(c) All Funding is subject to all Applicable Law and Applicable Policy,
including Health System Funding Reform, as it may evolve or be
replaced over the term of this Agreement.
4.6 Interest.
(a) If the LHIN provides the Funding to the HSP prior to the HSP’s
immediate need for the Funding, the HSP shall place the Funding in
an interest bearing account in the name of the HSP at a Canadian
financial institution.
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 14 of 836
2 - 18
(b) Interest Income must be used, within the fiscal year in which it is
received, to provide the Services.
(c) Interest Income will be reported to the LHIN and is subject to year-
end reconciliation. In the event that some or all of the Interest
Income is not used to provide the Services, the LHIN may take one
or more of the following actions:
(1) the LHIN may deduct the amount equal to the unused Interest
Income from any further Funding instalments under this or any
other agreement with the HSP;
(2) the LHIN may require the HSP to pay an amount equal to the
unused Interest Income to the Ministry of Finance.
4.7 Rebates, Credits and Refunds. The HSP:
(a) acknowledges that rebates, credits and refunds it anticipates
receiving from the use of the Funding have been incorporated in its
Budget;
(b) agrees that it will advise the LHIN if it receives any unanticipated
rebates, credits and refunds from the use of the Funding, or from the
use of funding received from either the LHIN or the MOHLTC in years
prior to this Agreement that was not recorded in the year of the
related expenditure; and
(c) agrees that all rebates, credits and refunds referred to in (b) will be
considered Funding in the year that the rebates, credits and refunds
are received, regardless of the year to which the rebates, credits and
refunds relate.
4.8 Procurement of Goods and Services.
(a) If the HSP is subject to the procurement provisions of the BPSAA,
the HSP will abide by all directives and guidelines issued by the
Management Board of Cabinet that are applicable to the HSP
pursuant to the BPSAA.
(b) If the HSP is not subject to the procurement provisions of the
BPSAA, the HSP will have a procurement policy in place that
requires the acquisition of supplies, equipment or services valued at
over $25,000 through a competitive process that ensures the best
value for funds expended. If the HSP acquires supplies, equipment
or services with the Funding it will do so through a process that is
consistent with this policy.
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 15 of 836
2 - 19
4.9 Disposition. The HSP will not, without the LHIN’s prior written consent,
sell, lease or otherwise dispose of any assets purchased with Funding, the
cost of which exceeded $25,000 at the time of purchase.
ARTICLE 5.0- REPAYMENT AND RECOVERY OF FUNDING
5.1 Repayment and Recovery.
(a)At the End of a Funding Year. If, in any Funding Year, the HSP
has not spent all of the Funding the LHIN will require the repayment
of the unspent Funding.
(b)On Termination or Expiration of this Agreement.Upon
termination or expiry of this Agreement and subject to section 12.4,
the LHIN will require the repayment of any Funding remaining in the
possession or under the control of the HSP and the payment of an
amount equal to any Funding the HSP used for purposes not
permitted by this Agreement. The LHIN will act reasonably and will
consider the impact, if any, that a recovery of Funding will have on
the HSP’s ability to meet its obligations under this Agreement.
(c)On Reconciliation and Settlement. If the year-end reconciliation
and settlement process demonstrates that the HSP received Funding
in excess of its confirmed funds, the LHIN will require the repayment
of the excess Funding.
(d)As a Result of Performance Management or System Planning. If
Services are adjusted, as a result of the performance management or
system planning processes, the LHIN may take one or more of the
following actions:
(1) adjust the Funding to be paid under Schedule A,
(2) require the repayment of excess Funding;
(3) adjust the amount of any future funding installments accordingly.
(e)In the Event of Forecasted Surpluses. If the HSP is forecasting a
surplus, the LHIN may take one or more of the following actions:
(1) adjust the amount of Funding to be paid under Schedule A,
(2) require the repayment of excess Funding;
(3) adjust the amount of any future funding installments accordingly.
(f)On the Request of theLHIN. The HSP will, at the request of the
LHIN, repay the whole or any part of the Funding, or an amount
equal thereto if the HSP:
(1) has provided false information to the LHIN knowing it to be false;
(2) breaches a term or condition of this Agreement and does not,
within 30 Days after receiving Notice from the LHIN take
reasonable steps to remedy the breach; or
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 16 of 836
2 - 20
(3) breaches any Applicable Law that directly relates to the provision
of, or ensuring the provision of, the Services.
(g) Sections 5.1(c) and (d) do not apply to Funding already expended
properly in accordance with this Agreement. The LHIN will, at its sole
discretion, and without liability or penalty, determine whether the
Funding has been expended properly in accordance with this
Agreement.
5.2 Provision for the Recovery of Funding.The HSP will make reasonable
and prudent provision for the recovery by the LHIN of any Funding for which
the conditions of Funding set out in section 4.5 are not met and will hold this
Funding in accordance with the provisions of section 4.6 until such time as
reconciliation and settlement has occurred with the LHIN. Interest earned
on Funding will be reported and recovered in accordance with section 4.6.
5.3 Process for Recovery of Funding.If the LHIN, acting reasonably,
determines that a recovery of Funding under section 5.1 is appropriate, then
the LHIN will give 30 Days’ Notice to the HSP.
The Notice will describe:
(a) the amount of the proposed recovery;
(b) the term of the recovery, if not permanent;
(c) the proposed timing of the recovery;
(d) the reasons for the recovery; and
(e) the amendments, if any, that the LHIN proposes be made to the
HSP’s obligations under this Agreement.
Where the HSP disputes any matter set out in the Notice, the parties will
discuss the circumstances that resulted in the Notice and the HSP may
make representations to the LHIN about the matters set out in the Notice
within 14 Days of receiving the Notice.
The LHIN will consider the representations made by the HSP and will
advise the HSP of its decision. Funding recoveries, if any, will occur in
accordance with the timing set out in the LHIN’s decision. No recovery of
Funding will be implemented earlier than 30 Days after the delivery of the
Notice.
5.4 Settlement and Recovery of Funding for Prior Years. The HSP
acknowledges that settlement and recovery of Funding can occur up to 7
years after the provision of Funding.
(a) Recognizing the transition of responsibilities from the MOHLTC to the
LHIN, the HSP agrees that if the parties are directed in writing to do
so by the MOHLTC, the LHIN will settle and recover funding provided
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 17 of 836
2 - 21
by the MOHLTC to the HSP prior to the transition of the Funding for
the Services to the LHIN, provided that such settlement and recovery
occurs within 7 years of the provision of the funding by the MOHLTC.
All such settlements and recoveries will be subject to the terms
applicable to the original provision of Funding.
5.6 Debt Due.
(a) If the LHIN requires the re-payment by the HSP of any Funding, the
amount required will be deemed to be a debt owing to the Crown by
the HSP. The LHIN may adjust future funding instalments to recover
the amounts owed or may, at its discretion direct the HSP to pay the
amount owing to the Crown and the HSP shall comply immediately
with any such direction.
(b) All amounts repayable to the Crown will be paid by cheque payable
to the “Ontario Minister of Finance” and mailed or delivered to the
LHIN at the address provided in section 13.1.
5.7 Interest Rate.The LHIN may charge the HSP interest on any amount
owing by the HSP at the then current interest rate charged by the Province
of Ontario on accounts receivable.
ARTICLE 6.0- PLANNING & INTEGRATION
6.1 Planning for Future Years.
(a)Advance Notice. The LHIN will give at least 60 Days’ Notice to the
HSP of the date by which a CAPS must be submitted to the LHIN.
(b)Multi-Year Planning. The CAPS will be in a form acceptable to the
LHIN and may be required to incorporate:
(1) prudent multi-year financial forecasts;
(2) plans for the achievement of Performance Targets; and
(3) realistic risk management strategies.
It will be aligned with the LHIN’s then current integrated health
service plan required by LHSIA and will reflect local LHIN priorities
and initiatives. If the LHIN has provided multi-year planning targets
for the HSP, the CAPS will reflect the planning targets.
(c)Multi-year Planning Targets. Schedule A may reflect an allocation
for the first Funding Year of this Agreement as well as planning
targets for up to two additional years, consistent with the term of this
Agreement. In such an event,
(1) the HSP acknowledges that if it is provided with planning targets, these
targets:
a) are targets only,
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 18 of 836
2 - 22
b) are provided solely for the purposes of planning,
c) are subject to confirmation, and
d) may be changed at the discretion of the LHIN in consultation
with the HSP.
e) The HSP will proactively manage the risks associated with
multi-year planning and the potential changes to the planning
targets; and
(2) the LHIN agrees that it will communicate any changes to the planning
targets as soon as reasonably possible.
(d)Service Accountability Agreements. The HSP acknowledges that if the
LHIN and the HSP enter into negotiations for a subsequent service
accountability agreement, subsequent funding may be interrupted if the next
service accountability agreement is not executed on or before the expiration
date of this Agreement.
6.2 Community Engagement & Integration Activities.
(a)Community Engagement. The HSP will engage the community of
diverse persons and entities in the area where it provides health
services when setting priorities for the delivery of health services and
when developing plans for submission to the LHIN including but not
limited to CAPS and integration proposals. As part of its community
engagement activities, the HSPs will have in place and utilize
effective mechanisms for engaging families, caregivers, clients,
residents, patients and other individuals who use the services of the
HSP, to help inform the HSP plans, including the HSP’s contribution
to the establishment and implementation by the LHIN of geographic
sub-regions in its local health system.
(b)Integration. The HSP will, separately and in conjunction with the
LHIN and other health service providers, identify opportunities to
integrate the services of the local health system to provide
appropriate, co-coordinated, effective and efficient services.
(c)Reporting. The HSP will report on its community engagement and
integration activities, using any templates provided by the LHIN, as
requested by the LHIN and in any event, in its year-end report to the
LHIN.
6.3 Planning and Integration Activity Pre-proposals.
(a)General. A pre-proposal process has been developed to: (A) reduce
the costs incurred by an HSP when proposing operational or service
changes; (B) assist the HSP to carry out its statutory obligations; and
(C) enable an effective and efficient response by the LHIN. Subject
to specific direction from the LHIN, this pre-proposal process will be
used in the following instances:
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 19 of 836
2 - 23
(1) the HSP is considering an integration or an integration of
services, as defined in LHSIA between the HSP and another
person or entity;
(2) the HSP is proposing to reduce, stop, start, expand or transfer the
location of services, which for certainty includes: the transfer of
services from the HSP to another person or entity whether within
or outside of the LHIN; and the relocation or transfer of services
from one of the HSP’s sites to another of the HSP’s sites whether
within or outside of the LHIN;
(3) to identify opportunities to integrate the services of the local
health system, other than those identified in (A) or (B) above; or
(4) if requested by the LHIN.
(b)LHIN Evaluation of the Pre-proposal. Use of the pre-proposal
process is not formal Notice of a proposed integration under section
27 of LHSIA. LHIN consent to develop the project concept outlined in
a pre-proposal does not constitute approval to proceed with the
project. Nor does the LHIN consent to develop a project concept
presume the issuance of a favourable decision, should such a
decision be required by sections 25 or 27 of LHSIA. Following the
LHIN’s review and evaluation, the HSP may be invited to submit a
detailed proposal and a business plan for further analysis.
Guidelines for the development of a detailed proposal and business
case will be provided by the LHIN.
6.4 Proposing Integration Activities in the Planning Submission. No
integration activity described in section 6.3 may be proposed in a CAPS
unless the LHIN has consented, in writing, to its inclusion pursuant to the
process set out in section 6.3(b).
6.5 Definitions. In this section 6.0, the terms “integrate”, “integration” and
“services” have the same meanings attributed to them in section 2(1) and
section 23 respectively of LHSIA, as it and they may be amended from time
to time.
ARTICLE 7.0- PERFORMANCE
7.1Performance.The parties will strive to achieve on-going performance
improvement. They will address performance improvement in a proactive,
collaborative and responsive manner.
7.2 Performance Factors.
(a) Each party will notify the other party of the existence of a
Performance Factor, as soon as reasonably possible after the party
becomes aware of the Performance Factor. The Notice will:
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 20 of 836
2 - 24
(1) describe the Performance Factor and its actual or
anticipated impact;
(2) include a description of any action the party is undertaking,
or plans to undertake, to remedy or mitigate the
Performance Factor;
(3) indicate whether the party is requesting a meeting to
discuss the Performance Factor; and
(4) address any other issue or matter the party wishes to raise
with the other party.
(b) The recipient party will provide a written acknowledgment of receipt
of the Notice within 7 Days of the date on which the Notice was
received (“Date of the Notice”).
(c) Where a meeting has been requested under section 7.2(a), the
parties agree to meet and discuss the Performance Factors within 14
Days of the Date of the Notice, in accordance with the provisions of
section 7.3. PICB may be included in any such meeting at the
request of either party.
7.3 Performance Meetings.During a meeting on performance, the parties will:
(a) discuss the causes of a Performance Factor;
(b) discuss the impact of a Performance Factor on the local health
system and the risk resulting from non-performance; and
(c) determine the steps to be taken to remedy or mitigate the impact of
the Performance Factor (the “Performance Improvement Process”).
7.4 The Performance Improvement Process.
(a) The Performance Improvement Process will focus on the risks of
non-performance and problem-solving.It may include one or more of
the following actions:
(1) a requirement that the HSP develop and implement an
improvement plan that is acceptable to the LHIN;
(2) the conduct of a Review;
(3) an amendment of the HSP’s obligations; and
(4) an in-year, or year end, adjustment to the Funding,
among other possible means of responding to the Performance
Factor or improving performance.
(b) Any performance improvement process begun under a prior service
accountability agreement that was not completed under the prior
agreement will continue under this Agreement. Any performance
improvement required by a LHIN under a prior service accountability
agreement will be deemed to be a requirement of this Agreement
until fulfilled or waived by the LHIN.
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 21 of 836
2 - 25
7.5 Factors Beyond the HSP’s Control. Despite the foregoing, if the LHIN,
acting reasonably, determines that the Performance Factor is, in whole
or in part, a Factor Beyond the HSP’s Control:
(a) the LHIN will collaborate with the HSP to develop and implement a
mutually agreed upon joint response plan which may include an
amendment of the HSP’s obligations under this Agreement;
(b) the LHIN will not require the HSP to prepare an Improvement Plan;
and
(c) the failure to meet an obligation under this Agreement will not be
considered a breach of this Agreement to the extent that failure is
caused by a Factor Beyond the HSP’s Control.
ARTICLE 8.0- REPORTING, ACCOUNTING AND REVIEW
8.1 Reporting.
(a) Generally. The LHIN’s ability to enable its local health system to provide
appropriate, co-ordinated, effective and efficient health services, as
contemplated by LHSIA, is heavily dependent on the timely collection and
analysis of accurate information. The HSP acknowledges that the timely
provision of accurate information related to the HSP, and its performance of
its obligations under this Agreement, is under the HSP’s control.
(b) Specific Obligations. The HSP:
(1) will provide to the LHIN, or to such other entity as the LHIN may
direct, in the form and within the time specified by the LHIN, the
Reports, other than personal health information as defined in LHSIA,
that the LHIN requires for the purposes of exercising its powers and
duties under this Agreement, the Accountability Agreement, LHSIA or
for the purposes that are prescribed under any Applicable Law;
(2) will fulfil the specific reporting requirements set out in Schedule B;
(3) will ensure that every Report is complete, accurate, signed on behalf
of the HSP by an authorized signing officer where required and
provided in a timely manner and in a form satisfactory to the LHIN;
and
(4) agrees that every Report submitted to the LHIN by or on behalf of the
HSP, will be deemed to have been authorized by the HSP for
submission.
For certainty, nothing in this section 8.1 or in this Agreement restricts or
otherwise limits the LHIN’s right to access or to require access to personal
health information as defined in LHSIA, in accordance with Applicable Law
for purposes of carrying out the LHIN’s statutory objects to achieve the
purposes of LHSIA, including to provide certain services, supplies and
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 22 of 836
2 - 26
equipment in accordance with section 5(m.1) of LHSIA and to manage
placement of persons in accordance with section 5(m.2).
(c) French Language Services. If the HSP is required to provide services to the
public in French under the provisions of the FLSA, the HSP will be required
to submit a French language services report to the LHIN. If the HSP is not
required to provide services to the public in French under the provisions of
the FLSA, it will be required to provide a report to the LHIN that outlines how
the HSP addresses the needs of its local Francophone community.
(d) Declaration of Compliance. Within 90 Days of the HSP’s fiscal year-end,
the Board will issue a Compliance Declaration declaring that the HSP has
complied with the terms of this Agreement. The form of the declaration is set
out in Schedule F and may be amended by the LHIN from time to time
through the term of this Agreement.
(e) Financial Reductions. Notwithstanding any other provision of this
Agreement, and at the discretion of the LHIN, the HSP may be subject to a
financial reduction in any of the following circumstances:
(1) its CAPS is received after the due date;
(2) its CAPS is incomplete;
(3) the quarterly performance reports are not provided when due; or
(4) financial or clinical data requirements are late, incomplete or
inaccurate,
where the errors or delay were not as a result of LHIN actions or inaction or
the actions or inactions of persons acting on behalf of the LHIN. If
assessed, the financial reduction will be as follows:
(1) if received within 7 Days after the due date, incomplete or inaccurate, the
financial penalty will be the greater of (1) a reduction of 0.02 percent
(0.02%) of the Funding; or (2) two hundred and fifty dollars ($250.00); and
(2) for every full or partial week of non-compliance thereafter, the rate will be
one half of the initial reduction.
8.2 Reviews.
(a) During the term of this Agreement and for 7 years after the term of
this Agreement, the HSP agrees that the LHIN or its authorized
representatives may conduct a Review of the HSP to confirm the
HSP’s fulfillment of its obligations under this Agreement. For these
purposes the LHIN or its authorized representatives may, upon 24
hours’ Notice to the HSP and during normal business hours enter the
HSP’s premises to:
(1) inspect and copy any financial records, invoices and other
finance-related documents, other than personal health
information as defined in LHSIA, in the possession or under
the control of the HSP which relate to the Funding or
otherwise to the Services; and
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 23 of 836
2 - 27
(2) inspect and copy non-financial records, other than personal
health information as defined in LHSIA, in the possession or
under the control of the HSP which relate to the Funding, the
Services or otherwise to the performance of the HSP under
this Agreement.
(b) The cost of any Review will be borne by the HSP if the Review: (1)
was made necessary because the HSP did not comply with a
requirement under LHSIA or this Agreement; or (2) indicates that the
HSP has not fulfilled its obligations under this Agreement, including
its obligations under Applicable Law and Applicable Policy.
(c) To assist in respect of the rights set out in (a) above, the HSP shall
disclose any information requested by the LHIN or its authorized
representatives, and shall do so in a form requested by the LHIN or
its authorized representatives.
(d) The HSP may not commence a proceeding for damages or otherwise
against any person with respect to any act done or omitted to be
done, any conclusion reached or report submitted that is done in
good faith in respect of a Review.
8.3 Document Retention and Record Maintenance. The HSP will
(a) retain all records (as that term is defined in FIPPA) related to the
HSP’s performance of its obligations under this Agreement for 7
years after the termination or expiration of the term of this
Agreement;
(b) keep all financial records, invoices and other finance-related
documents relating to the Funding or otherwise to the Services in a
manner consistent with either generally accepted accounting
principles or international financial reporting standards as advised by
the HSP’s auditor; and
(c) keep all non-financial documents and records relating to the Funding
or otherwise to the Services in a manner consistent with all
Applicable Law.
8.4 Disclosure of Information.
(a)FIPPA. The HSP acknowledges that the LHIN is bound by FIPPA
and that any information provided to the LHIN in connection with this
Agreement may be subject to disclosure in accordance with FIPPA.
(b)Confidential Information. The parties will treat Confidential
Information as confidential and will not disclose Confidential
Information except with the consent of the disclosing party or as
permitted or required under FIPPA or the Personal Health
Information Protection Act, 2004, LHSIA, court order, subpoena or
other Applicable Law. Notwithstanding the foregoing, the LHIN may
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 24 of 836
2 - 28
disclose information that it collects under this Agreement in
accordance with LHSIA.
8.5 Transparency.The HSP will post a copy of this Agreement and each
Compliance Declaration submitted to the LHIN during the term of this
Agreement in a conspicuous and easily accessible public place at its sites of
operations to which this Agreement applies and on its public website, if the
HSP operates a public website.
8.6 Auditor General. For greater certainty the LHIN’s rights under this article
are in addition to any rights provided to the Auditor General under the
Auditor General Act (Ontario).
ARTICLE 9.0- ACKNOWLEDGEMENT OF LHIN SUPPORT
9.1 Publication.For the purposes of this Article 9, the term “publication”
means any material on or concerning the Services that the HSP makes
available to the public, regardless of whether the material is provided
electronically or in hard copy.Examples include a website, an
advertisement, a brochure, promotional documents and a report.Materials
that are prepared by the HSP in order to fulfil its reporting obligations under
this Agreement are not included in the term “publication”.
9.2 Acknowledgment of Funding Support.
(a) The HSP agrees all publications will include
(1) an acknowledgment of the Funding provided by the LHIN and
the Government of Ontario. Prior to including an
acknowledgement in any publication, the HSP will obtain the
LHIN’s approval of the form of acknowledgement. The LHIN
may, at its discretion, decide that an acknowledgement is not
necessary; and
(2) a statement indicating that the views expressed in the
publication are the views of the HSP and do not necessarily
reflect those of the LHIN or the Government of Ontario.
(b) The HSP shall not use any insignia or logo of Her Majesty the Queen
in right of Ontario, including those of the LHIN, unless it has received
the prior written permission of the LHIN to do so.
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 25 of 836
2 - 29
ARTICLE 10.0 - REPRESENTATIONS, WARRANTIES AND COVENANTS
10.1 General.The HSP represents, warrants and covenants that:
(a) it is, and will continue for the term of this Agreement to be, a validly
existing legal entity with full power to fulfill its obligations under this
Agreement;
(b) it has the experience and expertise necessary to carry out the
Services;
(c) it holds all permits, licences, consents, intellectual property rights and
authorities necessary to perform its obligations under this Agreement;
(d) all information (including information relating to any eligibility
requirements for Funding) that the HSP provided to the LHIN in
support of its request for Funding was true and complete at the time
the HSP provided it, and will, subject to the provision of Notice
otherwise, continue to be true and complete for the term of this
Agreement; and
(e) it does, and will continue for the term of this Agreement to, operate in
compliance with all Applicable Law and Applicable Policy, including
observing where applicable, the requirements of the Corporations Act
or successor legislation and the HSP's by-laws in respect of, but not
limited to, the holding of board meetings, the requirements of quorum
for decision-making, the maintenance of minutes for all board and
committee meetings and the holding of members’ meetings.
10.2 Execution of Agreement. The HSP represents and warrants that:
(a) it has the full power and authority to enter into this Agreement; and
(b) it has taken all necessary actions to authorize the execution of this
Agreement.
10.3 Governance.
(a) The HSP represents, warrants and covenants that it has established,
and will maintain for the period during which this Agreement is in
effect, policies and procedures:
(1) that set out a code of conduct for, and that identify the ethical
responsibilities for all persons at all levels of the HSP’s
organization;
(2) to ensure the ongoing effective functioning of the HSP;
(3) for effective and appropriate decision-making;
(4) for effective and prudent risk-management, including the
identification and management of potential, actual and
perceived conflicts of interest;
(5) for the prudent and effective management of the Funding;
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 26 of 836
2 - 30
(6) to monitor and ensure the accurate and timely fulfillment of
the HSP’s obligations under this Agreement and compliance
with LHSIA;
(7) to enable the preparation, approval and delivery of all
Reports;
(8) to address complaints about the provision of Services, the
management or governance of the HSP; and
(9) to deal with such other matters as the HSP considers
necessary to ensure that the HSP carries out its obligations
under this Agreement.
(b) The HSP represents and warrants that:
(1) it has, or will have within 60 Days of the execution of this
Agreement, a Performance Agreement with its CEO that ties
a reasonable portion of the CEO’s compensation plan to the
CEO’s performance;
(2) it will take all reasonable care to ensure that its CEO complies
with the Performance Agreement;
(3) it will enforce the HSP’s rights under the Performance
Agreement; and
(4) a reasonable portion of any compensation award provided to
the CEO during the term of this Agreement will be pursuant to
an evaluation of the CEO’s performance under the
Performance Agreement and the CEO’s achievement of
performance goals and performance improvement targets
and in compliance with Applicable Law.
“compensation award”, for the purposes of Section 10.3(b)(4) above,
means all forms of payment, benefits and perquisites paid or
provided, directly or indirectly, to or for the benefit of a CEO who
performs duties and functions that entitle him or her to be paid.
10.4 Funding,Services and Reporting. The HSP represents warrants and
covenants that
(a) the Funding is, and will continue to be, used only to provide the
Services in accordance with the terms of this Agreement;
(b) the Services are and will continue to be provided;
(1) by persons with the expertise, professional qualifications,
licensing and skills necessary to complete their respective
tasks; and
(2) in compliance with Applicable Law and Applicable Policy; and
(c) every Report is accurate and in full compliance with the provisions of
this Agreement, including any particular requirements applicable to
the Report and any material change to a Report will be
communicated to the LHIN immediately.
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 27 of 836
2 - 31
10.5 Supporting Documentation. Upon request, the HSP will provide the LHIN
with proof of the matters referred to in this Article.
ARTICLE 11.0- LIMITATION OF LIABILITY, INDEMNITY & INSURANCE
11.1 Limitation of Liability. The Indemnified Parties will not be liable to the
HSP or any of the HSP’s Personnel and Volunteers for costs, losses,
claims, liabilities and damages howsoever caused arising out of or in any
way related to the Services or otherwise in connection with this Agreement,
unless caused by the negligence or wilful act of any of the Indemnified
Parties.
11.2 Ibid. For greater certainty and without limiting section 11.1, the LHIN is not
liable for how the HSP and the HSP’s Personnel and Volunteers carry out
the Services and is therefore not responsible to the HSP for such Services.
Moreover, the LHIN is not contracting with or employing any HSP’s
Personnel and Volunteers to carry out the terms of this Agreement. As
such, it is not liable for contracting with, employing or terminating a contract
with or the employment of any HSP’s Personnel and Volunteers required to
carry out this Agreement, nor for the withholding, collection or payment of
any taxes, premiums, contributions or any other remittances due to
government for the HSP’s Personnel and Volunteers required by the HSP to
carry out this Agreement.
11.3 Indemnification. The HSP hereby agrees to indemnify and hold harmless
the Indemnified Parties from and against any and all liability, loss, costs,
damages and expenses (including legal, expert and consultant costs),
causes of action, actions, claims, demands, lawsuits or other proceedings
(collectively, the “Claims”), by whomever made, sustained, brought or
prosecuted (including for third party bodily injury (including death), personal
injury and property damage), in any way based upon, occasioned by or
attributable to anything done or omitted to be done by the HSP or the HSP’s
Personnel and Volunteers, in the course of the performance of the HSP’s
obligations under, or otherwise in connection with, this Agreement, unless
caused by the negligence or wilful misconduct of any Indemnified Parties.
11.4 Insurance.
(a)Generally. The HSP shall protect itself from and against all Claims
that might arise from anything done or omitted to be done by the HSP
and the HSP’s Personnel and Volunteers under this Agreement and
more specifically all Claims that might arise from anything done or
omitted to be done under this Agreement where bodily injury
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 28 of 836
2 - 32
(including personal injury), death or property damage, including loss
of use of property is caused.
(b)Required Insurance. The HSP will put into effect and maintain, with
insurers having a secure A.M. Best rating of B+ or greater, or the
equivalent, all necessary and appropriate insurance that a prudent
person in the business of the HSP would maintain, including, but not
limited to, the following at its own expense:
(1) Commercial General Liability Insurance, for third party bodily
injury, personal injury and property damage to an inclusive
limit of not less than 2 million dollars per occurrence and not
less than 2 million dollars products and completed operations
aggregate. The policy will include the following clauses:
a. The Indemnified Parties as additional insureds;
b. Contractual Liability;
c. Cross-Liability;
d. Products and Completed Operations Liability;
e. Employers Liability and Voluntary Compensation unless
the HSP complies with the Section below entitled “Proof
of WSIA Coverage”;
f. Tenants Legal Liability; (for premises/building leases
only);
g. Non-Owned automobile coverage with blanket
contractual coverage for hired automobiles; and
h. A 30-Day written notice of cancellation, termination or
material change.
(2) Proof of WSIA Coverage.Unless the HSP puts into effect
and maintains Employers Liability and Voluntary
Compensation as set out above, the HSP will provide the
LHIN with a valid Workplace Safety and Insurance Act, 1997
(“WSIA”) Clearance Certificate and any renewal
replacements, and will pay all amounts required to be paid to
maintain a valid WSIA Clearance Certificate throughout the
term of this Agreement.
(3) All Risk Property Insurance on property of every description,
for the term, providing coverage to a limit of not less than the
full replacement cost, including earthquake and flood. All
reasonable deductibles and self-insured retentions are the
responsibility of the HSP.
(4) Comprehensive Crime insurance, Disappearance,
Destruction and Dishonest coverage.
(5) Errors and Omissions Liability Insurance insuring liability for
errors and omissions in the provision of any professional
services as part of the Services or failure to perform any such
professional services, in the amount of not less than two
million dollars per claim and in the annual aggregate.
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 29 of 836
2 - 33
(c)Certificates of Insurance.The HSP will provide the LHIN with proof
of the insurance required by this Agreement in the form of a valid
certificate of insurance that references this Agreement and confirms
the required coverage, on or before the commencement of this
Agreement, and renewal replacements on or before the expiry of any
such insurance. Upon the request of the LHIN, a copy of each
insurance policy shall be made available to it. The HSP shall ensure
that each of its subcontractors obtains all the necessary and
appropriate insurance that a prudent person in the business of the
subcontractor would maintain and that the Indemnified Parties are
named as additional insureds with respect to any liability arising in
the course of performance of the subcontractor's obligations under
the subcontract.
ARTICLE 12.0- TERMINATION AND EXPIRY OF AGREEMENT
12.1 Termination by the LHIN.
(a)Without Cause.The LHIN may terminate this Agreement at any
time, for any reason, upon giving at least 60 Days’ Notice to the HSP.
(b)Where No Appropriation. If, as provided for in section 4.3, the
LHIN does not receive the necessary funding from the MOHLTC, the
LHIN may terminate this Agreement immediately by giving Notice to
the HSP.
(c)For Cause. The LHIN may terminate all or part of this Agreement
immediately upon giving Notice to the HSP if:
(1) in the opinion of the LHIN:
(a) the HSP has knowingly provided false or misleading
information regarding its funding request or in any other
communication with the LHIN;
(b) the HSP breaches any material provision of this
Agreement;
(c) the HSP is unable to provide or has discontinued all or
part of the Services; or
(d) it is not reasonable for the HSP to continue to provide all
or part of the Services;
(2) the nature of the HSP’s business, or its corporate status,
changes so that it no longer meets the applicable eligibility
requirements of the program under which the LHIN provides
the Funding;
(3) the HSP makes an assignment, proposal, compromise, or
arrangement for the benefit of creditors, or is petitioned into
bankruptcy, or files for the appointment of a receiver; or
(4) the HSP ceases to carry on business.
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 30 of 836
2 - 34
(d)Material Breach. A breach of a material provision of this Agreement
includes, but is not limited to:
(1) misuse of Funding;
(2) a failure or inability to provide the Services as set out in the
Service Plan;
(3) a failure to provide the Compliance Declaration;
(4) a failure to implement, or follow, a Performance Agreement,
one or more material requirements of a Performance
Improvement Process or of a Transition Plan;
(5) a failure to respond to LHIN requests in a timely manner;
(6) a failure to: A) advise the LHIN of actual, potential or
perceived Conflict of Interest; or B) comply with any
requirements prescribed by the LHIN to resolve a Conflict of
Interest; and
(7) a Conflict of Interest that cannot be resolved.
(e)Transition Plan. In the event of termination by the LHIN pursuant to
this section, the LHIN and the HSP will develop a Transition Plan.
The HSP agrees that it will take all actions, and provide all
information, required by the LHIN to facilitate the transition of the
HSP’s clients.
12.2 Termination by the HSP.
(a) The HSP may terminate this Agreement at any time, for any reason,
upon giving 6 months’ Notice (or such shorter period as may be
agreed by the HSP and the LHIN) to the LHIN provided that the
Notice is accompanied by:
(1) satisfactory evidence that the HSP has taken all necessary
actions to authorize the termination of this Agreement; and
(2) a Transition Plan, acceptable to the LHIN, that indicates how
the needs of the HSP’s clients will be met following the
termination and how the transition of the clients to new
service providers will be effected within the six-month Notice
period.
(b) In the event that the HSP fails to provide an acceptable Transition
Plan, the LHIN may reduce Funding payable to the HSP prior to
termination of this Agreement to compensate the LHIN for transition
costs.
12.3 Opportunity to Remedy.
(a)Opportunity to Remedy.If the LHIN considers that it is appropriate
to allow the HSP an opportunity to remedy a breach of this
Agreement, the LHIN may give the HSP an opportunity to remedy the
breach by giving the HSP Notice of the particulars of the breach and
of the period of time within which the HSP is required to remedy the
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 31 of 836
2 - 35
breach. The Notice will also advise the HSP that the LHIN may
terminate this Agreement:
(1) at the end of the Notice period provided for in the Notice if the
HSP fails to remedy the breach within the time specified in
the Notice; or
(2) prior to the end of the Notice period provided for in the Notice
if it becomes apparent to the LHIN that the HSP cannot
completely remedy the breach within that time or such further
period of time as the LHIN considers reasonable, or the HSP
is not proceeding to remedy the breach in a way that is
satisfactory to the LHIN.
(b)Failure to Remedy. If the LHIN has provided the HSP with an
opportunity to remedy the breach, and:
(1) the HSP does not remedy the breach within the time period
specified in the Notice;
(2) it becomes apparent to the LHIN that the HSP cannot
completely remedy the breach within the time specified in the
Notice or such further period of time as the LHIN considers
reasonable; or
(3) the HSP is not proceeding to remedy the breach in a way that
is satisfactory to the LHIN,
then the LHIN may immediately terminate this Agreement by giving
Notice of termination to the HSP.
12.4 Consequences of Termination. If this Agreement is terminated pursuant
to this Article, the LHIN may:
(a) cancel all further Funding instalments;
(b) demand the repayment of any Funding remaining in the
possession or under the control of the HSP;
(c) through consultation with the HSP, determine the HSP’s
reasonable costs to wind down the Services; and
(d) permit the HSP to offset the costs determined pursuant to
section (c), against the amount owing pursuant to section (b).
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 32 of 836
2 - 36
12.5 Effective Date. Termination under this Article will take effect as set out in
the Notice.
12.6 Corrective Action.Despite its right to terminate this Agreement pursuant
to this Article, the LHIN may choose not to terminate this Agreement and
may take whatever corrective action it considers necessary and appropriate,
including suspending Funding for such period as the LHIN determines, to
ensure the successful completion of the Services in accordance with the
terms of this Agreement.
12.7 Expiry of Agreement.If the HSP intends to allow this Agreement to expire
at the end of its term, the HSP will provide 6 months’ Notice (or such shorter
period as may be agreed by the HSP and the LHIN) to the LHIN, along with
a Transition Plan, acceptable to the LHIN, that indicates how the needs of
the HSP’s clients will be met following the expiry and how the transition of
the clients to new service providers will be effected within the 6-month
Notice period
12.8 Failure to Provide Notice of Expiry.If the HSP fails to provide the
required 6 months’ Notice that it intends to allow this Agreement to expire,
or fails to provide a Transition Plan along with any such Notice, this
Agreement shall automatically be extended and the HSP will continue to
provide the Services under this Agreement for so long as the LHIN may
reasonably require to enable all clients of the HSP to transition to new
service providers.
ARTICLE 13.0- NOTICE
13.1 Notice. A Notice will be in writing; delivered personally, by pre-paid courier,
by any form of mail where evidence of receipt is provided by the post office,
or by facsimile with confirmation of receipt, or by email where no delivery
failure notification has been received. For certainty, delivery failure
notification includes an automated ‘out of office’ notification. A Notice will be
addressed to the other party as provided below or as either party will later
designate to the other in writing:
To the LHIN:
Waterloo Wellington LHIN
141 Weber St South
Waterloo, Ontario N2J 2A9
Attn: CEO
Telephone: 519-748-2222
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 33 of 836
2 - 37
Fax: 519-883-5555
To the HSP:
The Corporation of the City of Kitchener
200 King St. W.
Kitchener, Ontario, N2G 4G7
Attn: Supervisor
Telephone: 519-741-2200 x5081
Email: bethany.pearce@kitchener.ca
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 34 of 836
2 - 38
13.2 Notices Effective From. A Notice will be deemed to have been duly given
1 business day after delivery if the Notice is delivered personally, by pre-
paid courier or by mail. A Notice that is delivered by facsimile with
confirmation of receipt or by email where no delivery failure notification has
been received will be deemed to have been duly given 1 business day after
the facsimile or email was sent.
ARTICLE 14.0- ADDITIONAL PROVISIONS
14.1 Interpretation. In the event of a conflict or inconsistency in any provision of
this Agreement, the main body of this Agreement will prevail over the
Schedules.
14.2 Invalidity or Unenforceability of Any Provision. The invalidity or
unenforceability of any provision of this Agreement will not affect the validity
or enforceability of any other provision of this Agreement and any invalid or
unenforceable provision will be deemed to be severed.
14.3 Waiver. A party may only rely on a waiver of the party’s failure to comply
with any term of this Agreement if the other party has provided a written and
signed Notice of waiver. Any waiver must refer to a specific failure to comply
and will not have the effect of waiving any subsequent failures to comply.
14.4 Parties Independent. The parties are and will at all times remain
independent of each other and are not and will not represent themselves to
be the agent, joint venturer, partner or employee of the other. No
representations will be made or acts taken by either party which could
establish or imply any apparent relationship of agency, joint venture,
partnership or employment and neither party will be bound in any manner
whatsoever by any agreements, warranties or representations made by the
other party to any other person or entity, nor with respect to any other action
of the other party.
14.5 LHIN is an Agent of the Crown. The parties acknowledge that the LHIN is
an agent of the Crown and may only act as an agent of the Crown in
accordance with the provisions of LHSIA. Notwithstanding anything else in
this Agreement, any express or implied reference to the LHIN providing an
indemnity or any other form of indebtedness or contingent liability that would
directly or indirectly increase the indebtedness or contingent liabilities of the
LHIN or of Ontario, whether at the time of execution of this Agreement or at
any time during the term of this Agreement, will be void and of no legal
effect.
14.6 Express Rights and Remedies Not Limited. The express rights and
remedies of the LHIN are in addition to and will not limit any other rights and
remedies available to the LHIN at law or in equity. For further certainty, the
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 35 of 836
2 - 39
LHIN has not waived any provision of any applicable statute, including
LHSIA, nor the right to exercise its rights under these statutes at any time.
14.7 No Assignment. The HSP will not assign this Agreement or the Funding in
whole or in part, directly or indirectly, without the prior written consent of the
LHIN. No assignment or subcontract shall relieve the HSP from its
obligations under this Agreement or impose any liability upon the LHIN to
any assignee or subcontractor. The LHIN may assign this Agreement or
any of its rights and obligations under this Agreement to any one or more of
the LHINs or to the MOHLTC.
14.8 Governing Law. This Agreement and the rights, obligations and relations
of the parties hereto will be governed by and construed in accordance with
the laws of the Province of Ontario and the federal laws of Canada
applicable therein. Any litigation arising in connection with this Agreement
will be conducted in Ontario unless the parties agree in writing otherwise.
14.9 Survival. The provisions in Articles 1.0, 5.0, 8.0, 10.5, 11.0, 13.0, 14.0 and
15.0 will continue in full force and effect for a period of seven years from the
date of expiry or termination of this Agreement.
14.10 Further Assurances. The parties agree to do or cause to be done all acts
or things necessary to implement and carry into effect this Agreement to its
full extent.
14.11 Amendment of Agreement. This Agreement may only be amended by a
written agreement duly executed by the parties.
14.12 Counterparts. This Agreement may be executed in any number of
counterparts, each of which will be deemed an original, but all of which
together will constitute one and the same instrument.
ARTICLE 15.0- ENTIRE AGREEMENT
Entire Agreement. This Agreement forms the entire Agreement between the
parties and supersedes all prior oral or written representations and agreements,
except that where the LHIN has provided Funding to the HSP pursuant to an
amendment to the 2014-2018 MSAA, the 2018 Multi-Sector Accountability
Agreement, or to this Agreement, whether by Project Funding Agreement or
otherwise, and an amount of Funding for the same purpose is set out in the
Schedules, that Funding is subject to all of the terms and conditions on which
funding for that purpose was initially provided, unless those terms and conditions
have been superseded by any terms or conditions of this Agreement or by the
MSAA Indicator Technical Specifications document, or unless they conflict with
Applicable Law or Applicable Policy.
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 36 of 836
2 - 40
The parties have executed this Agreement on the dates set out below.
WATERLOO WELLINGTON LOCAL HEALTH INTEGRATION NETWORK
By:
_____________________________ _________________________________
Jeff Nesbitt, Vice Chair Date
And by:
_____________________________ _________________________________
Bruce Lauckner, CEO Date
The Corporation of the City of Kitchener
By:
_____________________________ _________________________________
Name, Date
I have authority to bind the HSP
And by:
_____________________________ _________________________________
Name, Supervisor Date
I have authority to bind the HSP
Multi-Sector Service Accountability Agreement April 1, 2019 - March 31, 2022
Page 37 of 836
2 - 41
Schedule A: Total LHIN Funding
2019-2022
Health Service Provider: The City of Kitchener, Community Support Services
1233
Row
2019-20202020-20212021-2022
LHIN Program Revenue & ExpensesAccount: Financial (F) Reference OHRS VERSION 10.2
Plan TargetPlan TargetPlan Target
#
REVENUE
LHIN Global Base Allocation1
F 11006$575,628 $575,628 $575,628
HBAM Funding (CCAC only)2
F 11005$0$0$0
Quality-Based Procedures (CCAC only)3
F 11004$0$0$0
MOHLTC Base Allocation4
F 11010$0$0$0
MOHLTC Other funding envelopes5
F 11014$0$0$0
LHIN One Time6
F 11008$0$0$0
MOHLTC One Time7
F 11012$0$0$0
Paymaster Flow Through8
F 11019$0$0$0
Service Recipient Revenue9
F 11050 to 11090$96,944 $96,944 $96,944
Subtotal Revenue LHIN/MOHLTC10Sum of Rows 1 to 9$672,572 $672,572 $672,572
Recoveries from External/Internal Sources11
F 120*$0$0$0
Donations12
F 140*$3,500 $3,500 $3,500
Other Funding Sources & Other Revenue13F 130* to 190*, 110*, \[excl. F 11006, 11008, 11010, 11012, 11014, 11019, 11050 $150,791 $150,791 $150,791
to 11090, 131*, 140*, 141*, 151*\]
Subtotal Other Revenues14Sum of Rows 11 to 13$154,291 $154,291 $154,291
TOTAL REVENUE FUND TYPE 215Sum of Rows 10 and 14$826,863 $826,863 $826,863
EXPENSES
Compensation
Salaries (Worked hours + Benefit hours cost)17
F 31010, 31030, 31090, 35010, 35030, 35090$576,730 $576,730 $576,730
Benefit Contributions18
F 31040 to 31085 , 35040 to 35085$81,780 $81,780 $81,780
Employee Future Benefit Compensation19
F 305*$0$0$0
Physician Compensation20
F 390*$0$0$0
Physician Assistant Compensation21
F 390*$0$0$0
Nurse Practitioner Compensation22
F 380*$0$0$0
Physiotherapist Compensation (Row 128)23
F 350*$0$0$0
Chiropractor Compensation (Row 129)24
F 390*$0$0$0
All Other Medical Staff Compensation25
F 390*, \[excl. F 39092\]$0$0$0
Sessional Fees26
F 39092 $0$0$0
Service Costs
Med/Surgical Supplies & Drugs27
F 460*, 465*, 560*, 565*$0$0$0
Supplies & Sundry Expenses28F 4*, 5*, 6*, $128,664 $128,664 $128,664
\[excl. F 460*, 465*, 560*, 565*, 69596, 69571, 72000, 62800, 45100, 69700\]
Community One Time Expense29
F 69596$0$0$0
Equipment Expenses
30F 7*, \[excl. F 750*, 780* \]$0$0$0
Amortization on Major Equip, Software License & Fees31
F 750* , 780*$0$0$0
Contracted Out Expense
32F 8*$0$0$0
Buildings & Grounds Expenses33
F 9*, \[excl. F 950*\]$39,689 $39,689 $39,689
Building Amortization
34F 9*$0$0$0
TOTAL EXPENSES FUND TYPE 235Sum of Rows 17 to 34$826,863 $826,863 $826,863
NET SURPLUS/(DEFICIT) FROM OPERATIONS36Row 15 minus Row 35$0$0$0
Amortization - Grants/Donations Revenue37
F 131*, 141* & 151*$0$0$0
38Sum of Rows 36 to 37$0$0$0
SURPLUS/DEFICIT Incl. Amortization of Grants/Donations
FUND TYPE 3 - OTHER
Total Revenue (Type 3)39
F 1*$0$0$0
Total Expenses (Type 3)40
F 3*, F 4*, F 5*, F 6*, F 7*, F 8*, F 9*$0$0$0
NET SURPLUS/(DEFICIT) FUND TYPE 341Row 39 minus Row 40$0$0$0
FUND TYPE 1 - HOSPITAL
Total Revenue (Type 1)42
F 1*$0$0$0
Total Expenses (Type 1)43
F 3*, F 4*, F 5*, F 6*, F 7*, F 8*, F 9*$0$0$0
NET SURPLUS/(DEFICIT) FUND TYPE 144Row 42 minus Row 43$0$0$0
ALL FUND TYPES
Total Revenue (All Funds)45Line 15 + line 39 + line 42
$826,863 $826,863 $826,863
Total Expenses (All Funds)46Line 16 + line 40 + line 43
$826,863 $826,863 $826,863
NET SURPLUS/(DEFICIT) ALL FUND TYPES47Row 45 minus Row 46$0$0$0
Total Admin Expenses Allocated to the TPBEs
Undistributed Accounting Centres48
F 72 7*, F 72 8*, F 72 9*, F 82*$0$0$0
Plant Operations49
F 72 1 5*, F 72 1 6*$0$0$0
Volunteer Services50
F 72 1 40*$0$0$0
Information Systems Support51
F 72 1 25*$0$0$0
General Administration52
F 72 1 10*$156,248 $156,248 $156,248
F 72 1 12*, F 72 1 15*, F 72 1 20*, F 72 1 22*, F 72 1 3*, F 72 1 45*, F 72 1 7*, F $0$0$0
Other Administrative Expenses53
72 1 8*,F 72 1 9*
Admin & Support Services54
Sum of Rows 49-53$156,248 $156,248 $156,248
Management Clinical Services55
F 72 5 05$0$0$0
Medical Resources56
F 72 5 07$0$0$0
Total Admin & Undistributed Expenses57Sum of Rows 48, 54, 55-56 (included in Fund Type 2 expenses above)$156,248 $156,248 $156,248
2 - 42
Schedule B: Reports
COMMUNITY SUPPORT SERVICES
2019-2022
Health Service Provider: The City of Kitchener, Community Support Services
Only those requirements listed below that relate to the programs and services that are funded by the LHIN will be
applicable.
A list of reporting requirements and related submission dates is set out below. Unless otherwise indicated, the HSP is only
required to provide information that is related to the funding that is provided under this Agreement. Reports that require full
next business day.
OHRS/MIS Trial Balance Submission (through OHFS)*
Due Date (Must pass 3c Edits)
2019-2020
2019-2020 Q2October 31, 2019
2019-2020 Q3January 31, 2020
2019-2020 Q4May 31, 2020
Due Date (Must pass 3c Edits)
2020-2021
2020-2021 Q2October 31, 2020
2020-2021 Q3January 31, 2021
2020-2021 Q4May 31, 2021
Due Date (Must pass 3c Edits)
2021-2022
2021-2022 Q2October 31, 2021
2021-2022 Q3January 31, 2022
2021-2022 Q4May 31, 2022
Supplementary Reporting - Quarterly Report (through SRI)*
Due Date
2019-2020
2019-2020 Q2November 7, 2019
2019-2020 Q3February 7, 2020
2019-2020 Q4June 7, 2020
Due Date
2020-2021
2020-2021 Q2November 7, 2020
2020-2021 Q3February 7, 2021
2020-2021 Q4June 7, 2021
Due Date
2021-2022
2021-2022 Q2November 7, 2021
2021-2022 Q3February 7, 2022
2021-2022 Q4June 7, 2022
Annual Reconciliation Report (ARR) through SRI and paper copy submission*
(All HSPs must submit both paper copy of ARR submission, duly signed, to the Ministry and the respective LHIN
where funding is provided, and soft copy to be provided through SRI)
Due Date
Fiscal Year
2019-2020June 30, 2020
2020-2021June 30, 2021
2021-2022June 30, 2022
2 - 43
Schedule B: Reports
COMMUNITY SUPPORT SERVICES
2019-2022
Health Service Provider: The City of Kitchener, Community Support Services
Board Approved Audited Financial Statements *
(All HSPs must submit a paper copy of Board Approved Audited Financial Statements, duly signed, to the Ministry
and the respective LHIN where funding is provided.)
Due Date
Fiscal Year
2019-2020June 30, 2020
2020-2021June 30, 2021
2021-2022June 30, 2022
Declaration of Compliance
Due Date
Fiscal Year
2019-2020June 30, 2020
2020-2021June 30, 2021
2021-2022June 30, 2022
Due Date
Requirement
2019-2020June 30, 2020
French Language Service Report
2020-2021June 30, 2021
French Language Service Report
2021-2022June 30, 2022
French Language Service Report
Community Engagement and Integration Activities Reporting
Due Date
Fiscal Year
2019-2020June 30, 2020
2020-2021June 30, 2021
2021-2022June 30, 2022
2 - 44
COMMUNITY SUPPORT SERVICES
2019-2022
Health Service Provider: The City of Kitchener, Community Support Services
Only those requirements listed below that relate to the programs and services that are funded by the LHIN will be
applicable.
2 - 45
>=0
>= 0%
<=22.7%
Standard
Performance
$0
19-20
18.9%0.00%
Target
2021-2022
>=0
>= 0%
<=22.7%
Standard
Performance
$0
20-21
18.9%0.00%
Target
2020-2021
>=0
>= 0%
<=22.7%
Standard
Performance
$0
19-20
18.9%0.00%
Target
2019-2020
Explanatory Indicators
Performance Indicators
*Balanced Budget - Fund Type 2Proportion of Budget Spent on Administration**Percentage Total MarginService Activity by Functional Centre (Refer to Schedule D2a)Number of Individuals
Served (by functional centre- Refer to Schedule D2a)
Schedule D1: Core IndicatorsHealth Service Provider: The City of Kitchener, Community Support Services
2019-2022
titleCost per Unit Service (by Functional Centre) Cost per Individual Served (by Program/Service/Functional Centre)Client ExperiencePercentage of Alternate Level of Care (ALC) days (closed
cases)* Balanced Budget Fund Type 2: HSP's are required to submit a balanced budget** No negative variance is accepted for Total Margin
R2
R1
2 - 46
Schedule D2a: Clinical Activity- Detail
2019-2022
Health Service Provider: The City of Kitchener, Community Support Services
11223333
title
R1
OHRS Description & Functional Centre 2019-20202019-20202020-20212020-20212021-20222021-2022
Performance Performance Performance
TargetTargetTarget
*
StandardStandardStandard
These values are provided for information purposes only. They are not Accountability Indicators.
Administration and Support Services 72 1
Full-time equivalents (FTE)
72 1 0.93 n/a 0.93 n/a 0.93 n/a
Total Cost for Functional Centre
72 1$156,248 n/a$156,248 n/a$156,248 n/a
CSS IH - Day Services 72 5 82 20
Full-time equivalents (FTE)
72 5 82 20 6.07 n/a 6.07 n/a 6.07 n/a
Individuals Served by Functional Centre
72 5 82 20 160 128 - 192 160 128 - 192 160 128 - 192
Attendance Days Face-to-Face
72 5 82 20 6,600 6270 - 6930 6,600 6270 - 6930 6,600 6270 - 6930
Total Cost for Functional Centre
72 5 82 20$577,466 n/a$577,466 n/a$577,466 n/a
CSS IH - Caregiver Support 72 5 82 50
Full-time equivalents (FTE)
72 5 82 50 0.93 n/a 0.93 n/a 0.93 n/a
Visits
72 5 82 50 280 224 - 336 280 224 - 336 280 224 - 336
Individuals Served by Functional Centre
72 5 82 50 230 184 - 276 230 184 - 276 230 184 - 276
Group Sessions
72 5 82 50 210 168 - 252 210 168 - 252 210 168 - 252
Total Cost for Functional Centre
72 5 82 50$93,159 n/a$93,159 n/a$93,159 n/a
Group Participant Attendances
72 5 82 50 1,600 1440 - 1760 1,600 1440 - 1760 1,600 1440 - 1760
ACTIVITY SUMMARY
Full-time equivalents (FTE)Total Full-Time Equivalents for all F/C 7.93 n/a 7.93 n/a 7.93 n/a
Visits Total Visits for all F/C 280 224 - 336 280 224 - 336 280 224 - 336
Individuals Served by Functional Centre Total Individuals Served by Functional Centre for all F/C 390 312 - 468 390 312 - 468 390 312 - 468
Attendance Days Face-to-Face Total Attendance Days for all F/C 6,600 6270 - 6930 6,600 6270 - 6930 6,600 6270 - 6930
Group Sessions Total Group Sessions for all F/C 210 168 - 252 210 168 - 252 210 168 - 252
Group Participant Attendances Total Group Participants for all F/C 1,600 n/a 1,600 n/a 1,600 n/a
Total Cost for Functional Centre Total Cost for All F/C 826,873 n/a 826,873 n/a 826,873 n/a
2 - 47
3
3
-
Standard
Performance
3
-
19-20
Target
2021-2022
2
-
Standard
Performance
2
-
20-21
Target
2020-2021
1
-
Standard
Performance
1
-
19-20
Target
2019-2020
Explanatory Indicators
Performance Indicators
No Performance IndicatorsNumber of persons waiting for service (by functional centre)
Schedule D2d: CSS Sector Specific IndicatorsHealth Service Provider: The City of Kitchener, Community Support Services
2019-2022
2 - 48
Schedule D3a Local: All
2019-2022
Health Service Provider: The City of Kitchener, Community Support Services
Priority AreaObligation TypeObligation Description, Indicators and TargetReporting Requirements
Patient SafetyCompliance HSPs activate Coordinated Care Plans for patients with hospital discharges for: Mental Health and Waterloo Wellington LHIN to provide template.
Pulmonary Disease (COPD); Behaviours of Dementia; Palliative. Performance indicator:
Number of individuals living with multiple chronic conditions and/or complex needs who are identified by
your organization and have a new coordinated care plan (CCP) developed through the Health Links
approach to care.
Capacity PlanningComplianceHospitals will participate in System Coordinated Access (SCA) for the following streams: Diabetes; Organization sign-off per stream with WWLHIN
Orthopaedics/ Musculoskeletal (MSK); Mental Health and Addictions (MHA); Chronic Disease Prevention SCA Program.
and Management (CDPM); Diagnostic Imaging (DI); Older Adult; Ophthalmology; and Cancer (Colon
Cancer). HSPs collectively provide a Project Manager for each stream.
2 - 49
Schedule E: Project Funding
2019-2022
Health Service Provider: The City of Kitchener, Community Support Services
Project Funding Agreement Template
This project template is intended to be used to fund one-off projects or for the provision of services not ordinarily provided by the
Note:
HSP. Whether or not the HSP provides the services directly or subcontracts the provision of the services to another provider, the
HSP remains accountable for the funding that is provided by the LHIN.
THIS PROJECT FUNDING AGREEMENT\[insert date\]
XXX LOCAL HEALTH INTEGRATION NETWORK (LHIN
- and -
\[Legal Name of the Health Service Provider\]HSP
WHEREAS the LHIN and the HSP entered into a service accountability agreement dated \[insert date\]
Services and now wish to set out the terms of pursuant to which the LHIN will fund the HSP for \[insert brief description of project\] (the
NOW THEREFORE in consideration of their respective agreements set out below and subject to the terms of the SAA, the parties
covenant and agree as follows:
Definitions. Unless otherwise specified in this PFA, capitalized words and phrases shall have the meaning set out in the
1.0
SAA. When used in this PFA, the following words and phrases have the following meanings:
Project Funding
mean the services described in Appendix A to this PFA; and
means the period of time from the Effective Date up to and including \[insert project end date\].
2.0
Relationship between the SAA and this PFA. This PFA is made subject to and hereby incorporates the terms of the SAA.
On execution this PFA will be appended to the SAA as a Schedule.
3.0The Services. The HSP agrees to provide the Services on the terms and conditions of this PFA including all of its
Appendices and schedules.
Rates and Payment Process. Subject to the SAA, the Project Funding for the provision of the Services shall be as specified
4.0
in Appendix A to this PFA.
Representatives for PFA.
5.0
\[insert name, telephone number, fax number and e-mail
address.\]
\[insert name, telephone number, fax number and e-mail
address.\]
Additional Terms and Conditions. The following additional terms and conditions are applicable to this PFA.
6.0
(a) Notwithstanding any other provision in the SAA or this PFA, in the event the SAA is terminated or expires prior to the
expiration or termination of this PFA, this PFA shall continue until it expires or is terminated in accordance with its terms.
(b) \[insert any additional terms and conditions that are applicable to the Project\]
IN WITNESSWHEREOF the parties hereto have executed this PFA as of the date first above written.
\[insert name of HSP\]
By:
\[insert name and title\]
\[XX\] Local Health Integration Network
By:
\[insert name and title\]
2 - 50
Schedule E: Project Funding
2019-2022
Health Service Provider: The City of Kitchener, Community Support Services
APPENDIX A: SERVICES
1.DESCRIPTION OF PROJECT
2.DESCRIPTION OF SERVICES
3.OUT OF SCOPE
4.DUE DATES
5.PERFORMANCE TARGETS
6.REPORTING
7.PROJECT ASSUMPTIONS
8.PROJECT FUNDING
8.1 The Project Funding for completion of this PFA is as follows:
8.2 Regardless of any other provision of this PFA, the Project Funding payable for the completion of the Services under
this PFA is one-time funding and is not to exceed \[X\].
2 - 51
Schedule F: Declaration of Compliance
2019-2022
Health Service Provider: The City of Kitchener, Community Support Services
DECLARATION OF COMPLIANCE
Issued pursuant to the MSAA effective April 1, 2019
To:
The Board of Directors Attn: Board Chair.
From:
The Board of Directors\[insert name of HSP\]
Date:\[insert date\]
Re:
Unless otherwise defined in this declaration, capitalized terms have the same meaning as set out in the MSAA between the LHIN and the HSP
effective April 1, 2019.
The Board has authorized me, by resolution dated \[insert date\], to declare to you as follows:
After making inquiries of the \[insert name and position of person responsible for managing the HSP on a day to day basis, e.g. the Chief
Executive Office or the Executive Director\] and other appropriate officers of the HSP and subject to any exceptions identified on Appendix 1 to
Without limiting the generality of the foregoing, the HSP has complied with:
(i)Article 4.8 of the MSAA concerning applicable procurement practices;
(ii)
The Local Health System Integration Act, 2006;
The Public Sector Compensation Restraint to Protect Public Services Act, 2010.
(iii)
____________________________________
\[insert name of Chair\], \[insert title\]
2 - 52