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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE:
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24 September 2012 |
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TO/DEST:
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Executive Director, Ottawa Police Services Board |
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FROM/EXP:
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Chief of Police, Ottawa Police Service |
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SUBJECT/OBJET: |
COLLISION REPORTING CENTRES
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That the Ottawa Police Services Board:
1. Approve the proposed fees outlined in the Fee Structure section of this report.
2. Approve the contract for the Automated Purchase Program (APP) (Annex A).
3. Delegate authority to the Chief of Police to enter into APP contracts with insurance companies.
The purpose of this report is to inform the Board of an OPS plan to transform the current collision report process by improving customer service, reducing report processing effort, generating internal staffing efficiencies and increasing cost recovery on the distribution of collision reports. The plan, detailed in this report, will achieve these goals through the implementation of new technology and the introduction of enhanced Collision Reporting Centres (CRCs) to process 70% of collisions. The new approach is expected to realize $1.5 million of internal staffing savings as well as improve cost recovery by $1.4 million.
The review of this police function has been undertaken as part of the OPS Service Initiative (SI) in order to identify efficiencies and build capacity within OPS. The implementation of the CRC project represents a more effective way for OPS to deal with non-injury, non-criminal, non-public property damage collisions. It is an example of the kind of transformative projects that will be sponsored through SI.
DISCUSSION
The CRC Concept
CRCs provide police agencies with a more effective way to deal with property damage collisions that do not involve injuries or criminal violations. Rather than dispatching Patrol Officers to the scene of a minor collision, the involved drivers are instructed to bring their vehicles to a designated CRC where a Front Desk Police Officer will assess the damage and complete a collision report.
The CRC concept complies with the Highway Traffic Act. Sections 199 (1) and (1.1) require that the police investigate collisions. Under Section 199(3) a police officer is required to complete a written report and submit it to the Ministry of Transportation for each collision.
Finding effective and efficient ways to deal with collisions, and to recover the related costs, is an important public policy issue. Motor vehicle collisions are preventable through safe driving practices and due care on the roadway. The costs of responding to collisions and processing the related reports should fall to the drivers responsible for the collision; the Ottawa taxpayer should not be subsidizing the cost of police response to motor vehicle collisions through their property taxes.
The 24 police services who currently operate CRCs across Ontario find they are an extremely effective way for police to mitigate the growing number of calls for service requiring police action. Diverting collisions to CRCs frees up front-line police resources to deal with emergencies and allows them to engage in proactive policing initiatives to reduce and prevent crime.
With over 18,000 collisions a year, responding to collisions and processing the related reports takes up considerable Ottawa Police resources—the equivalent of 45 full-time employees (FTE’s) per year. The current Ottawa Police call response model only allows for the diversion to Front Desk Services of vehicles that can be safely driven from the scene and which do not involve injuries or a criminal offence. This limitation means that, currently, approximately 70% of all collisions (12,600) are processed by Patrol Officers and 30% (5,400) by sworn officers assigned to Front Desk Services. The total cost of this effort is $4.5 million of police resources annually, or $249 per collision.
On average, a driver waits 32 minutes on the side of a roadway for police to attend the scene of a “property damage” collision. Once on scene, it then takes an additional 72 minutes for the officer to process the scene and complete a report, including a drawing of the roadway. The time it takes to complete a report is a factor of the Ministry of Transportation of Ontario’s (MTO) requirement that a Motor Vehicle Collision Report (MVCR) be completed for each incident, and the OPS’ requirement that an occurrence report be completed on the OPS Police Records Management System (RMS).
The report then proceeds through a quality assurance and approval process. It takes 110 minutes of effort to complete this work, which translates into 7 weeks of elapsed time. As a result it is 7 weeks before the release of collision reports to the insurance industry and other clients.
Insurance companies are the primary purchaser of collision reports, and delays in the release of the reports often mean that the company settles with their client prior to the report even being reviewed or approved. Once a claim is settled, the insurance company has no need for the report and will not request it. As a direct result of these delays, the OPS was able to seek cost recovery for only 13% of the 18,123 reports in 2011. At the Board-approved rate of $49 per report, a total of $204K of revenue was raised to offset the $4.5M of costs. The result means a cost recovery level of 4.5% has been achieved.
Once approved, paper copies of all the MTO collision reports are forwarded to the City of Ottawa and the MTO for statistical analysis which supports road safety programs and engineering improvements. Both of these agencies must manually key the data into their respective databases from the handwritten reports. This practice can lead to data integrity issues and lengthy delays of over twelve months in statistical reporting and roadway improvements.
The current approach to collision reporting is ripe for transformation. Client service is poor, both for the drivers involved in the collision, as well as the insurance companies who use the collision reports. On-scene arrival and reporting time is high, meaning drivers have a long wait in what is usually a disruptive traffic situation; the quality assurance and approval process causes turnaround time for collision reports to be high, causing insurance companies to conduct their activities without the benefit of the report information. There is a mismatch between the level of resources assigned to these reports and the task. Patrol Officers are handling the vast majority of the calls, yet there are no injuries, no public property damage or criminal activity involved. The process of creating and distributing the collision reports is very inefficient. It is highly manual and the same data is entered into several different systems. Cost recovery is low, with the result that the City of Ottawa taxpayer bears almost all of the cost of collision reporting.
Executive Command approved the creation of the CRC Project Team, and it gave the team the challenge of transforming collision-reporting in the City of Ottawa to an efficient and effective process with a higher level of cost recovery. The team was given the further challenge that the new model had to operate within the existing staff complement envelope.
This project is part of the OPS’ Service Initiative, a program designed to utilize technology and innovation to better serve citizens. In its first phase, SI is reviewing key service areas that could allow for more citizen self-service and self-reporting opportunities.
The team visited other jurisdictions, reviewed best practices, explored technological solutions and sought stakeholder input to define the vision for the CRC Project. The vision has five elements, as shown in Figure 1, which include: 1) Service improvement to clients; 2) Process effectiveness; 3) Efficient use of resources; 4) Congruence with strategic priorities, and 5) Support of public safety goals.
Figure 1
Vision for CRCs
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Achieving the Vision
There is a significant gap between the current state of collision reporting across OPS and the vision for the new CRCs. Two primary initiatives are required to achieve the vision: 1) An end-to-end electronic system will be required to efficiently capture collision data at source, and 2) full service CRCs will need to be established at key locations across the City to provide enhanced customer service.
Staff has developed an implementation plan for achieving the vision. The primary activities of the plan are outlined below:
1. Implementation of technology solutions: January 2013
a. Electronic Motor Vehicle Collision (eMVC) reporting software available in all patrol vehicles and at all Front Desks;
b. Automated electronic distribution system ready for insurance industry.
2. Establishment of Efficient Business Processes
a. Collision report review and approval: January 2013
b. Administration of insurance company requests for reports: January 2013
c. CRC procedures: June 2013
3. Implementation of cost recovery measures: January 2013
a. Adjust price of individual reports to a cost recovery level;
b. Introduction of the Automatic Purchase Program (APP) for insurance companies to enable them to buy reports in a batch mode.
4. Establishment of CRC’s and expansion of diversion criteria to reduce collisions attended by Patrol Officers: June 2013
a. CRC’s located at Central, East and West locations;
b. Towed collisions diverted to CRCs;
c. 24-hour reporting window introduced;
d. Introduction of vehicle photographing at the CRC’s.
5. Implementation of automated electronic data transfer to partners: June 2013
a. City of Ottawa;
b. Ministry of Transportation (MTO).
6. Evaluation of implementation: July to September.
The end-to-end electronic system for capturing collision reports will go-live commencing in January 2013 along with the new cost recovery measures. The new CRCs will open in June 2013.
The new process is simple and straightforward. A communication plan will be launched to ensure that drivers in Ottawa know what to do in the event of a collision.
Step 1: Call the Police - After becoming involved in a collision the drivers of the involved vehicles will notify police by calling either 613-230-6211 or 9-1-1 (life threatening emergency or crime in progress). The Communications Clerk will evaluate the details of the collision and either dispatch a Patrol Officer or divert the collision to a CRC based on the OPS call response protocol.
For collisions that meet the CRC criteria, the driver will be advised to attend any CRC with their vehicle within 24 hours. In cases where the involved vehicle is not driveable, the driver will be advised to have the vehicle towed to a CRC immediately. Wait-time at the collision scene will be cut in half from the current level of 32 minutes to 15 minutes.
It is expected that 70% of all collisions can be diverted to CRCs, with the remaining 30% requiring a Patrol Officer to report to the scene—a complete reversal of the current situation. This change in practice means that the staff effort required to process collisions drops from $4.5 million to $3.0 million, creating an internal staff savings of $1.5 million. The cost to produce a collision report drops to $167 from the current level of $249, a 33% savings.
Front Desk Services will be able to take on this new workload by re-deploying officers from other locations and by changing the hours of Front Desk operations across the City. Patrol Officers will have time freed-up. It is estimated to be the equivalent of eight (8) Patrol Officers annually, or 8,600 hours of patrol time, which can be used to better serve the public by reducing and preventing crime.
Step 2: Go to the CRC that is most convenient - CRCs will be located at the main police facility within each of our three existing geographic divisions and will be staffed by existing Front Desk Service officers:
· Central Division– 474 Elgin St: - 7 am to midnight
· West Division – 211 Huntmar Dr. – Mon.-Fri. 7 am to 9 pm; Sat.-Sun. 8 am to 4 pm
· East Division – 3343 St. Joseph Blvd. – Mon.-Fri. 7 am to 9 pm; Sat.-Sun. 8 am to 4 pm
An additional CRC is planned for the new South Division Police Facility to be built in the area of the Strandherd-Armstrong Bridge.
The CRC locations were chosen based on an analysis of the geography of the city, commuting patterns, population centres and the location of actual collisions. The locations will provide drivers with the opportunity to report a collision in a reasonable proximity to where it occurred. With the 24-hour reporting window in place, drivers will also have the option of using the CRC close to their home to report the collision to police.
Step 3: Report to the Police Officer at the Front Desk in the Lobby - Upon arrival at a CRC, the client will meet a police officer and provide the circumstances of the collision. The officer will then:
· Ask that the client produce their driver’s licence, ownership and proof of insurance
· Have them complete a written synopsis of events that includes an option to authorize the release of the collision report to their insurance company
· Take four digital images of their vehicle
· Complete an electronic version of the Motor Vehicle Collision Report
· Issue the appropriate provincial offence notice (if applicable)
· Invite the client to contact their insurance company, via a courtesy phone in the Lobby, for further direction.
The Front Desk officer will use the new eMVC software to create their report and submit it electronically into the Records Management System (RMS). This change in practise means the report taking process will be cut in half for the client. It can be completed in approximately 40 minutes compared to the current level of 72 minutes.
Based on the current volume of collisions, it is expected that each CRC will have 2-to-4 drivers per hour reporting collisions. A contingency plan is in place to deal with circumstances, such as snow storms, which create a peak level of collisions.
Step 4: Driver leaves the CRC
The driver leaves the CRC and proceeds with the next steps advised by the insurance company.
Step 5: Report Undergoes Quality Assurance and Approval Process
As is the case for all police reports, the collision report will be reviewed for errors and then approved for release to clients. This process currently takes 110 minutes. Under the new model that time will be reduced by two-thirds to 40 minutes.
This streamlined process will result in a significant amount of time being freed up across the organization in other sworn and civilian roles such as:
· Quality assurance review of collision reports,
· Approval of collision reports,
· Collision report routing,
· Administration of cost recovery of collision reports.
Staff will be quantifying the savings associated with the changes in these roles so that they can be re-directed in keeping with the Service Initiative Project goals.
Step 6: Report Released to Clients
The stream lined process means that the clients can receive their reports electronically in 10 days, instead of the previous standard of 7 weeks. The clients include:
· City of Ottawa – automatically receives a copy of each eMVC report
· MTO – automatically receives a copy of each eMVC report
· Insurance companies – purchases individual or batch reports as desired.
An existing administrative unit within OPS will liaise with the insurance industry clients that wish to purchase copies of the reports.
Collisions Attended by Patrol Officers
Staff estimate that 30% off collisions will still required Patrol Officers to attend owing to injuries, public or private property damage, or criminal matters. In these instances, the time for the Patrol Officer to be dispatched and arrive on-scene will still be at the existing standard of 32 minutes. However the time to complete the collision report will be cut in half to 40 minutes (from 72). Drivers will be able to leave the scene of the collision 32 minutes sooner than under the old model.
The quality assurance and approval phase for the collision report will also be cut by two-thirds to 40 minutes, meaning they are ready to be released to clients in 10 days.
Insurance companies are the key group that purchases the collision reports produced by OPS. They require the reports to substantiate and settle claims made by their clients or other drivers involved in a collision. Over the years the insurance industry has consolidated and now the top ten (10) insurance companies represented 80% of motorists involved in collisions in Ottawa in 2011.
Discussions with the companies have revealed that they require one out of every three reports for which they are the insurer. Currently, reports are requested on an individual basis by the insurance company and sent one-by-one, in paper format, by the OPS. This inefficient process is one of the reasons that client service is poor with respect to the purchasing of collision reports. An indicator of this problem is the turnaround time for a requested report, which is currently seven weeks.
This process is inefficient for both parties. An electronic batch process would be more effective and is an industry standard in jurisdictions where CRC’s are operated. A turnaround of 10 days or less is the standard for a batch process.
Accordingly, the OPS designed the Automated Purchase Program (APP) as a way to offer a batch service option to the insurance companies and improve service to its clients. Each insurance company that signs onto the Program will receive, on a daily basis, all the collision reports in which they are identified as the insurer and the insured has authorized the release. The Program guarantees delivery of all reports electronically within ten (10) days of the date the collision was reported. The insurance companies will be billed on a monthly basis for the reports they receive through APP. The program will commence on 1 January 2013.
In order for insurance companies to participate in the automated purchase program, they will be required to enter into a contract with the Board. It is attached for the Board’s approval (see Annex A). For administrative simplicity, staff is requesting that the Board delegate authority to the Chief to enter into APP contracts with insurers.
All companies have the option to continue to purchase reports on a one-by-one basis. They will be transferred electronically and billing will occur on the same basis. This method is called Single Report Purchase (SRP).
One goal of the CRC initiative is to increase the level of cost recovery for collision reporting in order to prevent the cost from falling to Ottawa taxpayers. Motor vehicle collisions are preventable through safe driving practices and due care on the roadway. The costs of responding to collisions and processing the related reports should fall primarily to the drivers responsible for the collision;
The rate of cost recovery is very low under the current approach to collision reporting: the data for 2011 shows that the Board recovered 4.5% of this cost; the total cost was $4.5 million that year, or $249 per report, and the Board recovered $204K of that amount.
The recovery rate is driven by two factors: 1) the fee charged to purchase a collision report ($49); and 2) the number of reports purchased by insurance companies (2,355). Currently, the fee per report is very low relative to the cost of producing the report. As well, the purchasing rate is very low given that insurance companies purchased reports equal to only 13% of all collisions that year.
Under the new model, staff has set the goal for cost recovery at 50% - 60% of total collision reporting costs. Based on the projected total cost of $3 million under the new model, this goal means a cost recovery level of between $1.5M - $1.8M annually once the model is fully operational.
To achieve this goal staff has set a purchase rate target of 60% of the collisions which occur annually. This level is consistent with the rate of reports purchased by insurance companies in jurisdictions where police services operate CRCs. Given the APP option, staff has assumed that 80% of the reports will be purchased under that option and 20% will be purchased on a single-report basis.
Fee Structure
The fee structure for 2013 is designed to support the cost recovery goal of 50 – 60% of total collision reporting costs. In 2013 the staff effort to process all aspects of 18,000 collision reports is estimated to be $3.0 million, or $167 per collision report.
The proposed fee for Single Report Purchases is $167 effective 1 January 2013. This amount is equal to the OPS cost for producing a collision report.
The proposed fee for a report purchased through APP is $55, effective 1 January 2013. Given that the insurance companies use only one of out every three reports which they receive through APP, this fee level ensures that APP clients do not pay more for a single report than SRP clients.
As vehicle photographs will not be available until July 2013 when the CRCs become operational, staff is recommending that the fee schedule be reduce by $10 for the period 1 January to 30 June 2013. Accordingly the SRP fee would be $157 and the APP fee would be $45 for this period. These rates are shown in Table 1.
Table 1
Proposed Fee Schedule
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Effective Date |
Purchase Method |
Proposed Fee |
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1 January 2013 |
Single Report Purchase (SRP) |
$ 157.00* |
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Automated Purchase Program (APP) |
$ 45.00* |
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1 July 2013 |
Single Report Purchase (SRP) |
$ 167.00 |
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Automated Purchase Program (APP) |
$ 55.00 |
Operating Budget Impact
Taken together, the proposed fee structure and the purchase option offered through APP is expected to produce $1.6 million of cost recovery on an annual basis, as shown in Table 2. This level represents a cost recovery rate of 53%.
In 2012 the operating budget was formulated around a cost recovery of $204k for collision reports. Staff will be incorporating an estimate of $800k in the 2013, recognizing that the program will not be fully operational until 1 July. This $600k impact will help to achieve the $1.9 million efficiency target set by the Board for 2013.
In the 2014 budget staff will include the fully annualized amount of $1.6 million. This action will ease the pressure on the budget by $800k.
Table 2
Cost Recovery Estimate
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Automated Purchase Program (APP) |
Single Report Purchase (SRP) |
Annualized Revenue |
% of Cost Recovery |
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$55.00 |
$167 |
$1.6M |
53% |
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Communications Strategy
The OPS is currently developing a public communications strategy that will include messaging on the new CRC model and a component on preparedness and planning for what to do when you are involved in a collision. This strategy is designed to support the plan for CRCs at all levels through a variety of channels including the ‘ottawapolice.ca’ website, paid advertising, support materials for front line staff and tow truck company employees, social media and earned media.
CONSULTATION
The CRC team has sought stakeholder input during the creation of solutions and will continue to do so during the remainder of the implementation phases. The team has used a variety of methods to engage stake holders as follows:
1. Meeting with insurance representatives to address their requirements;
2. Conducting an information session with local towing operators outlining the OPS’ vision of CRCs and addressing their concerns; and
3. Surveying the public who attended Front Desk services to report collisions. A total of 94% of those who completed a survey were in favour of introducing CRCs to Ottawa.
The budget for this initiative is $1.2 million, not including the two sworn members assigned to it. The budget is divided almost evenly between the costs of: 1) acquiring and implementing new software; 2) equipping and fitting-up the CRCs; and 3) professional services needed to achieve the project goals such as project management, business analysis and human factors and process engineering.
The investment of $1.2 million will be quickly recovered from the additional level of cost recovery from the new approach to collision reporting. OPS is estimating that in 2013 additional funds of $600k will result from the new model, followed by an annual amount of $1.4 million in 2014 and beyond. On a payback basis, the investment has been recovered by mid-2014, or 18 months.
Funds are available in 2 capital projects to cover the cost of the project: Project 906213 – Business Transformation and Project 905093 – Collision Reporting.
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Approved Budget to Date:
Project 906213 2,275,000
Project 905093 370,000
Total 2,645,000
Total Paid and Committed 769.052
Balance Available 1,884,948
This Request 1.238.000
Balance Remaining 646,948
The implementation of the new vision for collision reporting represents a more effective way for OPS to deal with non-injury, non-criminal, non-public property damage collisions. The collision reporting process is an ideal process for business transformation, and it is an example of the kind of transformation opportunity that the Service Initiative Project will be promoting.
The new concept has many benefits and will significantly improve service to clients. On scene time is cut in half for clients who use a CPC; the time for an officer to complete a report is cut in half; the time to complete quality assurance and approval of the report will be cut by two-thirds; and the time to send reports electronically to clients will be cut from 7 weeks to 10 days.
Another key benefit is the $1.5 million in internal staff savings. The costs of the collision reporting process will drop by one-third. It was $4.5 million under the old process and will become $3.0 million under the new one. This goal will have been achieved with no increase in staffing levels. In fact the new approach will free-up 8,800 hours of patrol officer time to be used for proactive functions to reduce and prevent crime in the City of Ottawa. Time will also be freed-up in the areas of the organization that have a role in report approval, quality assurance and administration of report requests from the insurance industry. These benefits will be quantified as the process work in this area is complete.
When fully implemented the program will ensure that between 50% - 60% of collision reporting costs are recovered. It will increase cost recovery to a level of $1.4 million over the next two budget years. This benefit is a very timely one and it will be a key element in the Service’s budget plans for 2013 and 2014.
(Original signed by)
Charles Bordeleau
Chief of Police
Attach. Annex A - Copy of Insurance Contract
THIS AGREEMENT made this _____ day of ________________, 2012
BETWEEN:
OTTAWA POLICE SERVICES BOARD
(hereinafter referred to as the “Board”)
AND
[INSERT NAME OF INSURANCE COMPANY]
(hereinafter referred to as the “Company”)
WHEREAS Ottawa Police Services (the “Service”) prepares a Motor Vehicle Collision Report (Form 401) (the “Report”) with respect to all reportable collisions that occur within the City of Ottawa;
AND WHEREAS on occasion the Company will wish to obtain a copy of a Report from the Service when one of its insured is involved in a reportable collision;
AND WHEREAS provided an insured has given his/her consent, the Board is prepared to provide the Company with copies of Reports pursuant to the terms and conditions contained in this Agreement;
NOW THEREFORE IN CONSIDERATION OF the premises and the mutual covenants and agreements herein, the parties hereto hereby covenant and agree as follows:
1. Term of Agreement
(a) This Agreement shall commence on the date of execution stated above and shall continue in force for three (3) years (the “Term”), unless terminated earlier in accordance with this Agreement. Upon expiry of the Term, the Board may, in its sole discretion and on giving six (6) months written notice to the Company prior to the end of the Term, extend the Term of the Agreement for an additional three (3) year term (the “Extended Term”).
(b) Either party may terminate this Agreement for any reason by providing the other party thirty (30) days prior written notice. Upon such termination, the Board shall invoice the Company for any outstanding fees owing to the Board by the Company and the Company shall pay such outstanding fees in accordance with the Payment Terms set out in section 3 herein.
2. Report Distribution
(a) When a collision involving the Company’s insured is reported to a Collision Reporting Centre, provided the insured has given his/her consent, the Board shall provide to the Company, in electronic format, one (1) copy of the Report which shall include the identity of the occupants of each vehicle involved in the collision together with four (4) colour photographs of the vehicle belonging to the Company’s insured. The four photographs shall be taken from each corner of said vehicle in order to provide a 360-degree view of the vehicle.
(b) The Board shall use all reasonable efforts, but does not guarantee, to provide the Company with the Report within (Benchmark*) Business Days of the date the collision is reported to a Collision Reporting Centre. For the purposes of this Agreement, the term “Business Day” shall mean Monday to Friday, inclusive, except statutory or civic holidays observed in Ottawa, Ontario. [* Benchmark turn-around estimated at 7-10 days, to be determine once revised process is established.]
3. Payment Terms
(a) Subject to section 3(c) below, the Company shall pay to the Board a set fee for each report.
(b) An invoice will be issued by the Board to the Company on a monthly basis and will include fee charges for all Reports sent to the Company in the preceding month. Invoices are payable within thirty (30) days from the date of the invoice. Overdue payments shall be subject to an interest charge payable at a rate of 2% per month, compounded monthly.
(c) At the expiry of the first year of the Term, and at the expiry of each subsequent year of the Term, the fee payable by the Company to the Board for a Report shall be subject to an annual increase of 2.5% as detailed below. The Board reserves the right to determine any further increase in the fee payable for a Report during any Extended Term of the Agreement.
Fees Payable During the Term
January 2013 to June 2013 - $45.00 + H.S.T.
July 2013 to December 2013 - $55.00 + H.S.T.
January 2014 to December 2014 - $56.38 + H.S.T.
January 2015 to December 2015 - $57.78 + H.S.T.
4. Indemnification
The Company shall at all times and does hereby indemnify and hold harmless the Board, the Service and the City of Ottawa, its elected officials, officers, employees, servants and volunteers from and against all liability, actions, claims, and demands whatsoever which may be brought against or made upon the Board, the Service and the City of Ottawa and against all loss, liability, judgements, claims, costs, damages, fines, penalties or expenses which the Board, the Service and the City of Ottawa may sustain, suffer or be put unto resulting from, arising from, or in any way incidental to the performance or non-performance of this Agreement by the Company, its servants, agents, employees, lessees or assignees.
5. Waiver
No party will be deemed to have waived the exercise of any right that it holds under this Agreement unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise of any such right will be deemed to be a waiver with respect to any other instance involving the exercise of the right or with respect to any other such right.
6. Force Majeure
It is agreed between the parties that neither party shall be held responsible for damages caused by delay or failure to perform his undertakings under the terms of this Agreement when the delay or failure is due to fires, strikes, floods, acts of God or the Queen’s enemies, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against.
7. Assignment
This Agreement shall not be assigned by the Company without the prior written consent of the Board. Any attempt to assign any of the rights, duties, or obligations of this Agreement without written consent is void.
8. Severability
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and everything else in this Agreement shall continue in full force and effect.
9. Notice
(a) Any notice, demand or other communication required or permitted to be given to any party to this Agreement shall be in writing and shall be deemed to have been properly given if delivered in person, or mailed by prepaid registered post addressed:
(i) in the case to the Board, to:
[Insert individual’s title and contact information]
(ii) in the case of the Company, to:
[Insert individual’s title and contact information]
or to such other address as either party may notify the other of, and in the case of mailing as aforesaid such notice shall be deemed to have been received by the addressee, in the absence of a major interruption in postal service affecting the handling/delivery thereof, on the fifth business day next following the date of mailing.
(b) Where either party to the Agreement has notified the other in writing of a change of address for the purposes of section 9(a) above, the address set out in the latest such notice of change of address, shall replace and supersede any prior address of the notifying party for such purpose.
10. Dispute Resolution
The Board and the Company agree that alternative dispute resolution processes such as mediation or arbitration may be preferable to litigation as a way to resolve disputes that may arise under this Agreement and they agree to give good faith consideration to having resort to an alternative dispute resolution process before initiating legal or other proceedings to deal with any such disputes.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
IN WITNESS WHEREOF the parties have set their hands and seals on the day and year first above written.
OTTAWA POLICE SERVICES BOARD
By: __________________________
Name:
Title:
I have authority to bind the Board
By: ___________________________
Name:
Title:
I have the authority to bind the Corporation
