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2009-07-06_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaireCity of Saint John Common Council Meeting Monday, July 6, 2009 Location: Common Council Chamber Supplemental to Agenda 5.10(b) Millidgeville Community Centre Contract Extension 8.4 Ray Berndtson - Robertson Surrette: Recruitment of a City Manager 11.1 Minimum Property Standards Statistics from May 2008 to May 2009 City of Saint John Seance du conseil communal Le Lundi 6 juillet, 2009 Lieu : Salle du conseil communal Ordre du jour supplementaire 5.10(b) Prolongation du contrat du centre communautaire Millidgeville 8.4 Ray Berndtson - Robertson Surrette: Recrutement d'un directeur general 11.1 Statistiques sur les normes minimales regissant les residences de mai 2008 a mai 2009 THIS SERVICE AGREEMENT made in quadruplicate this I day of December, 2008. BETWEEN: THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "City", OF THE FIRST PART, -and- THE SAINT JOHN YM-YMCA INC, a company incorporated under the laws of the Province of New Brunswick, having its registered office in Saint John, and Province of New Brunswick, hereinafter called the 19YI 1 f OF THE SECOND PART, and HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as represented by the Minister of Education, hereinafter called the "Minister", OF THE THIRD PART. WHEREAS, the City and the Minister, have entered into an agreement on the 4in day of February, 1992, attached hereto as Schedule "1 where the Minister has provided a community facility available for community use at the Gerald Teed School, located in the City of Saint John, and Province of New Brunswick; WHEREAS, the City with the consent of the Minister, has utilized the said facility, namely the Millidgeville Community Centre (hereinafter referred to the "Centre") to _2- provide to the general public recreational, leisure and community services, activities and programs; WHEREAS, the Province of New Brunswick is the owner of the Centre; WHEREAS, the Minister through School District 8 has provided a letter from Susan Tipper, Superintendent, dated January 23, 2008, attached hereto as Schedule "2", and she supports the decision of the City to assign the operational rights for the Centre to the Y; WHEREAS, it has been determined that the providing of programs at the Centre can best be carried out by the Y and the Y has been operating the Centre and offering the program since September 2004; WHEREAS, the Y submitted to the City a Proposal dated June 6, 2007 for the provision of Services at the Centre; WHEREAS, the purpose of this Agreement is for the renewal of the Agreement - between the City and the Y in order to operate the Centre for the years 2008 and 2009; WHEREAS, the Common Council on June 9 10, 2008 resolved that: (a) To accept the proposal from the YMIYWCA to operate the Millidgeville Community Centre under the terms outlined in the report of the City Manager of dune 9, 2008 and submissions; (b) The City Solicitor be directed to prepare all necessary documents; and (c) That the Mayor and Common Clerk be authorized to sign any required contract documents. -3- NOW THEREFORE THIS AGREEMENT WiTNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the parties agree as follows: 1. Definitions The terms defined in this clause shall for all purposes of this Agreement have the meanings specified unless the context otherwise specifies or requires: 1(1) "Common Council" means the Common Council of the City. 1(2) "Centre" means the Mllidgeville Community Centre located at 99 Daniel Avenue, Saint John, and Province of New Brunswick, and forms part of PID number:. 44412. 1(3) "Leisure ,Services" means the Leisure Services Department of the City of Saint John. 1(4) "Programs" means the administration of any recreational, social or child care programs based on the needs of the general public, including but not limited to, after school programs, breakfast and lunch programs, day-care and summer camps, and senior citizens fitness classes, community seniors club, teen leadership programs, evening community gym activities, dance instruction and special community rentals (e.g. baby showers and birthday parties). 1(5) "Proposal' means the proposal submitted' by the YM-YWCA dated June 6, 2007 with a spreadsheet of revenues and expenses, attached hereto as Schedule "Y. -4- 1(6) "Services" mean those services as set out in this Agreement and the Proposal and any additional services' agreed between the parties in writing and as set forth in this Agreement. 2. General 2(1) The City hereby agrees to retain the Y to provide the City with the Services and the Y hereby agrees to provide the Services to the City, all in accordance with the provisions of this Agreement. 2(2) The Minister hereby agrees to assign the operational rights for the Centre to the Y and the Y hereby agrees to operate the Centre, all in accordance with the provisions of this Agreement. 2(3) The Services shall be provided at the Centre on a daily basis, between the hours of 6:00 a.m. to 11:66 p.m., Monday to Sunday, which schedule can be altered upon the mutual agreement of the Y, the City and School District 8. 3. Term 3(1) The term of this Agreement commences on the date of execution of this Agreement and shall terminate on June 30, 2009 at 11:00 p.m. 4. Scope of Services 4(1) The Y shall perform the Services as set out in this Agreement and the Proposal and shall ensure, but not limited to the foregoing, as follows: (a) To provide recreational/leisure programs, services and community rental space; ~0 1 (b) To provide a community-based program that will include a Before, Lunch and After-School Program; (c) To provide a Nursery School/Pre School Programs and Youth Programming; (d) To provide a programming at the Centre for youths and adults designed to enable the development of social and emotional skills needed to function in the family, community and school; (e) To provide a comprehensive wellness program for the children and adults at the Centre with transportation provided by the Y for outings and special activities; and ( To provide through its Youth Leadership Development and Asset- Building approach a program that will endeavour to revitalize youth programming at the Centre. 4(2) The Y shall perform these Services under the general direction and control of Leisure Services and with all due and reasonable diligence, professional skills and competence. 5. Pees 5(1) The City shall pay to the Y the fees in accordance with the following: (a) Provide the Y with a grant in the amount of $35,000.00 annually in the first year, and 5% increase for each subsequent year for the rate of inflation. The payment schedule is as follows: 2008 January (prorated) $13,334.00 ($4,166.00 paid in January) 2008 1 July I $17,500.00 1 2009 I January I $18,375.00 I 12009 I July 1 $18,375.00 5(2) The fees to be paid by the City for the Services performed hereunder shall be inclusive of any applicable sales taxes. -6- 6. C►blioations and Responsibilities of the Y 6(1) The Y, at its own expense, shall provide as follows: (a) Pay all costs associated with maintenance of the Centre and day to day operation thereof, including but not limited to energy consumption, custodial staff, service staff and equipment; (b) Not carry out any interior structural alterations until the Y has received prior written approval from the Minister and the City; (c) Recommend custodial hours of work requirements; (d) Be responsible for the hiring, (including criminal background check), training and supervision of any staff hired to assist in providing programs and services; (e) Not permit the use of alcohol during scheduled activities or otherwise bringing of alcohol on the premises of the Centre without prior written consent of the Minister of Education; (f) Not permit the use of non prescriptive medication or illicit drugs anywhere on the premises of the Centre; (g) Provide staff contacts to respond to alarm, security system phone calls; (h) Meet with Leisure Services annually to discuss programming and community needs; (i) Be responsible to provide a written report on any hazardous conditions, injury, accident or illness related to the Centre as soon as possible to Leisure Services; (j) Comply with the requirements of the Official Languages Act, S.N.B. 2002, c. 0-0.5, and amendments thereto; (k) Emergency exits must remain easily accessible and under no circumstances can they be blocked by tables, chairs, walls, stages, people etc.; No unauthorized gas or propane equipment/fixtures may be used inside the facility. Any such material used outside of the facility must adhere to CSA approval standards; (m) Ensure that the appropriate guidelines for making a decision to report sexual abuse of children are in place; and (n) The Centre is a non-smoking facility,. 7. Obliioations and Responsibilities of the City 7(1) The City, at its own expense, through its Leisure Services, shall provide as follows: (a) A contact person during the terms of this agreement; and (b) Limited free advertising with the Leisure Guide and/or City Web Page. 8. ©bliaations and Responsibilities of the Minister 8(1) The Minister, at its own expense, through its School District 89 shall provide as follows: (a) Custodial services to the Centre on a daily basis; (b) Monthly invoice to the Y to cover custodial wages and energy consumption; (c) Pay for any capital repairs to the Centre; and (d) When repairs are required, allow the Y to use their own maintenance staff and/or seek other resources for minor repairs up to a value of $1,000.00, if the Y was responsible for the damages. 9. (Failure to Perform 9(1) Should the Y fail for any cause whatever to perform the Work provided for by this Agreement, or fail to perform the Work in a manner satisfactory to the City, then, in either case, all payments by the City to the Y shall cease as of the date of such failure, and the City may appoint its officials, or any other person or persons in the place instead of the Y to perform the Work and the Y shall have ~I -8- no claim against the City except for the Work which has been performed by the Y under this Agreement up to the time of such failure, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to the Y. IO0. Dismissal and Termination 100) In the event that the City is dissatisfied with the Work performance by the Y or that the Y does not comply with the specifications and the terms and conditions of this Agreement, the parties agree that the City may dismiss the Y at any time, with or without cause, on thirty (30) days' prior written notice. The Y will accept payment for Work performed to the date of dismissal on a pro-rated basis in accordance with the provisions of this Agreement, in full satisfaction of any and all claims under this Agreement, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to the Y. 10(2) This Agreement may be terminated by the City or the Minister upon thirty (30) days, written notice to the Y of the City's intention to terminate the same. 10(3) In the event of termination of this Agreement by the City or the Minister, the City shall within forty-five (45) calendar days of termination pay the Y, all services rendered by the Y up to the date of termination, in accordance with the payment provisions. set out in this Agreement, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to the Y. -9- 1. Liability Insurance 11(1) The Y agrees to ensure that activities conducted in the Centre will not endanger any person; and to indemnify and save harmless the City and/or the Minister, and any of their respective employees, officers, directors, volunteers, or agents against any and all claims for injury to person and property, however caused, and arising out of the activities at the Centre or out of the occupation or possession of the premises by the Y. 11(2) The Y, at no expense to the City or the Minister, shall obtain and maintain in full force and effect during the term of this Agreement, a policy or policies of insurance with the following minimum limits of liability: (a) Comprehensive General Liability and Automobile Insurance The Insurance Coverage shall be of not less than Two Million Dollars ($2,000,000.00) per occurrence and in the aggregate for general liability or such higher limits as deemed to be necessary and required from time to time by the City or the Minister and Two Million Dollars ($2,000,000.00) or such higher limits as deemed to be necessary and required from time to time for automobile insurance. When requested, the Y shall provide the City with proof of Comprehensive General Liability and Automobile Insurance (Inclusive Limits) for both owned and non-owned vehicles. 11(3) The policies of insurance required in paragraphs 11(2)(a) must provide that the coverage shall stay in force and not be amended, cancelled or allowed to lapse without thirty (30) days prior written notice being given to the City and the Minister. -10- 11(4) The policies of insurance required in paragraph 11(2)(x) shall name the City and the Minister as an additional insured and shall contain a cross-liability clause. 11(5) The Y shall obtain and maintain in full force and effect during the term of this Agreement, coverage from the Workplace, Health, Safety and Compensation Commission of New Brunswick. 11(6) The Y shall submit to the City satisfactory evidence of having obtained the insurance coverage required and shall submit certificates of such coverage as well as current coverage from the Workplace, Health, Safety and Compensation Commission of New Brunswick forthwith to the City upon execution of this Agreement. 11(7) Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which the Y may be held responsible for payments of damages to persons or property. - - - 12. Remedies 12(1) Upon default by a party under any terms of this Agreement, and at any time after the default, any party shall have all rights and remedies provided by law and by this Agreement. 12(2) No delay or omission by the parties in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore, any parties may remedy any default by the other party in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent -11- default by the defaulting party. Ail rights and remedies of each party granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently or in combination. 13. Project Managers 13(1) The City shall designate a Project Manager from Leisure Services to work directly with the Y in the performance of this Agreement. 13(2) The Y shall designate a Project Manager who shall represent it and be its agent in all consultations with the City during the term of this Agreement. The Y or its Project Manager shall attend and assist in all coordination meetings called by the City. 14. Remedies 14(1) Subject to Sections 19 and 20 hereof, upon default by any party under any terms of this Agreement, and at any time after the default, any party shall have all rights and remedies provided by law and by this Agreement. 14(2) No delay or omission by the parties in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore, any parties may remedy any default by the other party in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the defaulting party. All rights and remedies of any party granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently or in combination. 15. Indemnification 15(1) Subject to clause 15(2) hereof, but notwithstanding any other clauses herein, the Y shall indemnify and save harmless the City and/or the Minister from all damages, costs, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the performance of this Agreement or anything done or purported to be done in any manner hereunder, but only to the extent that such damages, costs, claims, demands, actions, suits or other proceedings are attributable to and caused by the Y's negligence, errors or omissions. 15(2) In no event shall the Y be obligated to indemnify the City and/or the Minister in any manner whatsoever in respect of any damages, costs, claims, demands, actions, suits or other proceedings caused by the negligence of the City and/or the Minister, or any person for whom the City and/or the Minister are responsible. 16. Contract Assignment 16(1) This Agreement cannot be assigned by the Y to any other service provider without the express written approval of the City and the Minister. 17. Performance 17(1) All parties agree to do everything necessary to ensure that the terms of this Agreement take effect. y A _13- 8. Non-Performance 18(1) The failure on the part of any parties to exercise or enforce any right conferred upon it under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. 19. Mediation 19(1) All disputes arising out of, or in connection with, this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be mediated upon the willingness of all parties. Despite an agreement to mediate, a party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. 19(2) The place of mediation shall be the City of Saint John and Province of New Brunswick. 20. Arbitration 20(1) In the event that the parties are unwilling to mediate their dispute and that the dispute between the parties remain unresolved, then either the City, the Minister or the Y, upon written notice to the other, may refer the dispute for determination to a Board of Arbitration consisting of three persons, one chosen r. by and on behalf of the City and/or the Minister, one chosen by and on behalf of the Y and the third chosen by these two. In case of failure of the two arbitrators appointed by the parties hereto to agree upon a third arbitrator, such third arbitrator shall be appointed by a Judge of the Court of Queen's Bench of New Brunswick, -14- 20(2) Any determination made by the Board of Arbitration shall be final and binding upon the parties and the cost of such determination shall be apportioned as the Board of Arbitration may decide. 20(3) No one shall be appointed or act as arbitrator who is in any way interested, financially or otherwise, in the conduct of the work or in the business or other affairs of any parties. 20(4) When the City, the Minister or the Y seek such arbitration, the applicant shall deposit a security to the amount of One Thousand Collars ($1,000.00) with Leisure Services who is responsible for the Project, and such deposit is to be applied to the cost of the arbitration. 20(5) The place of arbitration shall be the City of Saint John and Province of New Brunswick. 20(0) The provisions of the Arbitration Act, S.N.B. 1992, c. A-10.1, and amendments thereto, shall apply to the arbitration. 21. Force Maieure 21(1) It is agreed between all parties that neither parties shall be held responsible for damages caused by delay or failure to perform his undertakings under the terms of the Agreement when the delay or failure is due to strikes, labor disputes, riots, fires, explosions, war, floods, acts of God, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot be reasonably foreseen or provided against. After ninety (90) consecutive or cumulative days of the suspension of party's obligations due to force majeure, the other party may terminate the Agreement. r M r M 10" f r -15- 22. Time 22(l) This Agreement shall not be enforced or bind any of the parties, anti executed by all the parties named in it. 23. Notices 23(1) Any notice under this Agreement shall be sufficiently given by personal delivery or by registered letter, postage prepaid, mailed in a Canadian post office and prepaid courier, addressed, in the case of notice to: The City: Leisure Services Department City of Saint John 171 Adelaide Street Saint John, New Brunswick E2K 1W9 Telephone: 506-658-2908 Telecopier: 506-658-2902 The Minister: School District 8 - District Education Council 490 Woodward Avenue Saint John, New Brunswick E2K 5N3 Telephone: 506-658-5300 Telecopier: 506-658-5399 The Y: The Saint John YM-YWCA Inc. 130 Broadview Avenue Saint John, New Brunswick E2L 5C5 Telephone: 506-634-7720 Telecopier: 506-634-0783 or to any other address as may be designated in writing by the parties and the date of receipt of any notice by mailing shall be deemed conclusively to be five (5) days after the mailing. 16 24. Reference to Prior Agreement 24(1) This Agreement supersedes and takes the place of all prior agreements entered into by the parties with respect to the Service as set forth in this Agreement. 25. Amendments 26(1) No change or modification of this Agreement shall be valid unless it is in writing and signed by all parties. 2+6. Acknowledgment of Terms and of Entirety 26(1) It is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument or as set out in the Proposal. rv _..fillf 27. Further documents 27(1) The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this Agreement. r 28. Validitu and Interpretation 28(1) Paragraph headings are inserted solely for convenience of reference, do All not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement. 11-1 ul~,~ 28(2) The failure of the parties to insist upon strict adherence to any term or F. condition of the Agreement on any occasion shall not be considered a waiver of any right thereafter to insist upon strict adherence to that term or condition or any other term or condition of the Agreement. 23(3) The Schedules to the Agreement form part of and are incorporated into the Agreement as fully and effectively as if they were set forth in the Agreement. 29. Governina Law 29(l) This Agreement shall be governed by and construed in accordance with the laws of the province of New Brunswick. 30. Successors. Assigns 300) This Agreement shall ensure to the benefit of and be binding on the successors and assigns of the City and the Minister and on the successors and permitted assigns of the Y. 31. Severability 31(1) It is intended that all provisions of this Agreement shall be fully binding z and effective between the parties, but in the event that any particular provision or provisions or part of one is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force. 32. Independent Legal Advice 32(1) The parties acknowledge having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution. 33. Acknowledgment of Recelot of +CQqy M 1 33(1) Each parties acknowledge receipt of a true copy of this Agreement. r r r r r r M N I -19- IN WITNESS WHEREOF the parties hereto have caused these presents to be executed by their proper officers and the Saint John YM•-YWCA Inc., the City of Saint John, and Her Majesty the Queen in Right of the Province of New Brunswick, have caused their corporate seals to be affixed as of the day and year first above written. SIGNED, SEALE In the pre Witness DELIVERED ) .fI---° ) ) ) ) } L( ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) / f ) Wifitess ) ) THE SAINT JOHN YM-YWCA INC. THE CITY OF SAINT JOHN µ \ Ivan Court, Mayor Elizabeth A. Gormley, y Common Council Resolution. June 9 & 10, 2008. HER MAJESTY T EEN IN RIGH7, OF THE ROVI CE O 77is ICK The o amrock, Minis r f Education -20- PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN oo uj-'g-r✓ I, P 1`'IS, of the City of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 46 P in Si" 1. THAT I am the Proskl~flt of the Saint John YM-YWCA Inc., and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to. 2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of THE SAINT JOHN YM-YWCA INC., is the corporate seal of the said THE SAINT JOHN YM-YWCA INC., a party named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal. vh"'10 bou-cl-ta- 3. THAT the signature "Pat- 5avts" subscribed to the said instrument is my signature and as Pfeeit I am duly authorized to execute the said instrument. ► !S 1v 4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the 16 day of September, 2008. SWORN TO before me at Saint John, in te County of Saint John a Province of N e r wic the ay of September, 2008. 31ST, 2010 EL -21 - 0 PROVINCE OF NEW BRUNSWICK COUNTY OF YORK I,r'orrf~ ,a".,~rf , of the City of Fredericton, in the County of York, and Province of New Brunswick, MAKE OATH AND SAY: 1. That the within Instrument was executed by the Honourable Kelly Lamrock, Minister of Education for the Province of New Brunswick. 2. That the signature of "Kelly Lamrock" set and subscribed to the said Instrument is the signature of the said Kelly Lamrock and was subscribed thereto in my presence. SWORN TO before me at Fredericton, in the County of York) and Province of New Brunswick ) the Wday of DeGember, ) 200q.9 564--~Jcj-l'q ) JU~or~}rrnission~r of Oat ) 'b'rain' I erPi' c i?tti3~nrsst:?r ep of Oaths tt'iy C0111111ission Expires Decembej- :,-I „ 200 -22- PROVINCE OF NEW BRUNSWICK COUNTY OF YORK I, YVON G. LEBLANC, O.C., of the City of Fredericton, in the County of York, and Province of New Brunswick, Deputy Minister of Justice and Consumer Affairs, MACE OATH AND SAY: 1. That I am the Deputy Minister of Justice and Consumer Affairs of the Province of New Brunswick and have custody of the Great Seal of the said Province. 2. That the sea] affixed to the annexed Instrument is the Great Seal of the Province of New Brunswick and was affixed to the said Instrument at my direction. 60 2eft Co`" missioner of Oaths, Le lark, O.C. SWORN TO before me at ) Fredericton, in the County of York) and Province of New Brunswick the 1' day of T771-54r- Oatherine M. Wilson Commissioner of Oaths Poly c(flillsslcrr Expires December 31st, 2009 LETTER Of INTRODUCTION 60, Roor, C 5475 So ` F 4 ( r rf13J3T2 9024214330 102425-1108 June 25, 2009 Mayor Court & Common council City Hall 15 Market Square Saint John, NB E21. 41.1 Email: ivalro,court(@.saiinitio0°un.ca Anne Stuart Partner 902.424.1144 snns.slua surrr3 Dear Mayor Court & Common Council, Enclosed is our proposal related to the recruitment of a new City Manager for the City of Saint )ohn. We would consider it a privilege to work with the City of Saint John again in recruiting for this critical position. The firm you select will become an extension of your organization and be your representative to potential candidates. Ultimately we want you to make the best choice possible. Read our proposal, ask us questions, reflect upon what we have said. it is our firm belief that Ray & Berndtson / Robertson Surrette is uniquely qualified to work with the City of Saint John on this critical assignment. We hope you agree. Regards, Anna Stuart, Partner PC: Pat Woods, Deputy City Manager, City of Saint John (email: oat.woods(@.saintiohn.ca) John McIntyre, Manager - Human Resource, City of Saint John (email: iohn.mcintvreCwsaintiohn.ca) ROBERTSON S1T11R ,'1'1 a ulpg"111,11 , I n11,i ullu Proposal for the City of Saint John Saint john,, NB in the recruitment of: IIII a Ili,["i Ir, Submitted by: Ii ' Wall a Ray Er Berndtson / Robertson Surrette Cornwallis House, 6th Floor 5475 Spring Garden Road Halifax, NS B3J 3T2 Tel: 902.421.1330 • Fax: 902.425.1108 Anna.stuart@robertsonsurrette.com June 25, 2009 m mom RAY HKIIND'I' ON ~~~~:oIr,uPUUq 4 ~m(1u1,pjlv~,Jill ~niuni0.,N a:a~>A I llhu,l~~~"w~µ •,;iti' 'V~~lsuu",~~u~ TABLE OF CONTENTS LETTER OF INTRODUCTION TABLE OF CONTENTS Management Proposal ..................................................................................................................................1 1.0 EXECUTIVE SUMMARY ..1 2.0 WHAT IS DIFFERENT ABOUT RAY & BERNDTSON / ROBERTSON SURRETTE? ..2 3.0 APPROACH AND METHODOLOGY ..4 4.0 RECORD OF EXPERIENCE 10 5.0 OUR CONSULTING TEAM 13 6.0 STATEMENT OF NON-CONFLICT 16 7.0 PROFESSIONAL FEES 17 8.0 A FINAL WORD 20 Appendices 21 9.0 APPENDIX I - Professional Values/Ethics 21 10.0 APPENDIX II -The Search Process and Timeline 22 u ~p ,a1" w. r ~~~~C..7C~`~' C3~''~ ~'~.p1E 1CI1[°1["~ or ~":ro~rwu~u~uu 0;1umRuwvmai~ ~~~~um^i~.~ Ray & Berndtson / Robertson Surrette 1 City of Saint John City Manager Management Proposal 1. EXECUTIVE SUMMARY The particular combination of experience, personal style and skills required to fill a leadership position in the public sector successfully makes this an exciting professional challenge. Success will require that the position and candidate profile be well defined, that we be thorough in our search and persuasive in our presentation of the opportunity. It would be our objective to undertake a thorough national or international search so that you are in a position to meet a small group of exceptionally-qualified candidates. Once the Position Brief has been developed and approved, we will undertake a number of defined activities as outlined below: Each search project typically takes ten to twelve weeks on average from the time we start until you are meeting with qualified candidates, subject to the availability of the members of the Search Committee and the candidates. !r....`a. a . rtm.....,.ti-rµ E sa~~ @,~l'r ~'iuuuu° a ~ ,xip„, '^nm~'.;uiw Ray €r Berndtson / Robertson Surrette 2 City of Saint John - City Manager 2.0 WHAT IS DIFFERENT ABOUT RAY Er BENDTSO / ROBERTSON SURETTE? It takes talent to recognize talent. As the leading human resource consulting firm in Atlantic Canada, Ray & Berndtson / Robertson Surrette has been helping our clients succeed in business for over three decades. With key practice areas in recruitment, career transition and human resource consulting, we focus on how to help our clients navigate the challenges of HR. Ray & Berndtson / Robertson Surrette is the largest recruitment firm in Atlantic Canada, and part of the largest executive search firm in Canada, Ray & Berndtson. Over the past 30 years we have developed a thorough understanding of the culture, work environment and lifestyle unique to this region. This experience puts us in the enviable position of being able to identify and recruit top talent. There are five distinguishing characteristics between Ray & Berndtson / Robertson Surrette and our competitors: k QUALITY DRIVES OUR FIRM, NOT QUARTERLY PROFIT RESULTS We continually strive to maintain a level of service that is second to none. Because we are not a publicly owned business, but rather a locally owned, independent firm, we are able to focus our efforts on ensuring client satisfaction, not quarterly revenue results. a:q RESOURCES WE CAN APPLY TO A SEARCH ARE UNMATCHED IN ATLANTIC CANADA Our unrelenting focus on service quality has been recognized by clients who have enabled us to grow to be the leading recruitment firm in the region, which in turn allows us to bring a level of resources and depth that is unmatched in this market. As your recruiting partner, we extend to you both our regional expertise and the national reach available to us through our partner, Ray tr Berndtson. Our search professionals have a combined total of more than 50 years of search experience, backed up by a very knowledgeable research and support team. Ray Fr Berndtson / Robertson Surrette brings to this search more resources, experience and expertise than any other search firm in Atlantic Canada. For clients, this translates into the widest possible access to the highest calibre candidates in the most efficient possible timeframe. o ENTREPRENEURIAL COMMITMENT FOCUSED ON LONG-TERM RELATIONSHIPS Ray & Berndtson / Robertson Surrette is owned by individuals who have a highly vested interest in the success of this assignment. our partners lead and are directly involved in the business that they bring to the firm. Our focus is the development of long-term client relationships, a true cornerstone to our firm's continued success. CANDIDATE RELATIONSHIPS ARE CRITICAL TO OUR SUCCESS Over the years candidates have complimented us on our positive and productive approach. Some firms take a "don't call us we will call you" approach. We believe, on the other hand, that each candidate who expresses an interest in an opportunity has to be dealt with professionally and sensitively. This approach is instrumental in allowing us to develop strong candidate pools for clients and is simply the right way to do business. COMMITMENT TO COMMUNITY Ray 8 Berndtson / Robertson Surrette is keenly committed to giving back to the community we live in. Currently, members of our team sit on over a dozen community boards. We support more than a dozen charities through financial and human resources. rr MIR iu. i,!wm Imtlu,j, jlll*b Ylr'P "]hj"up%Ilk ~~mHa'lu,"ud " ENdII,I';ma Jolu, T." Ray & rntson / Robertson Surrette City of Saint John City Manager The following is a sample of the organizations that we support. our firm is also committed to improving diversity in the workplace. We recognize that having a wide variety of perspectives and talents in the workforce is important to achieving success in today's highly competitive and increasingly global marketplace. In working with our clients and recruiting for our own company, we are strong advocates of this approach and believe that diversity is simply smart business. wu RAY' Bill ~Ill1.IN I11)"I" 01P14 RC ]II-VP 111,11"°"roO"NT SPU KR s1""'1,r "mwIurOILMI'vP,'Uaitguwmy "";a' unpa`to Chawiuw u ;'Mam,ce,ammill * rhdltax Sk„~aw~^mrru"n~ Ray & erndtson / Robertson Surrette 4 City of Saint John - City Manager 3. APPROACH METHODOLOGY There are a number of distinct activities involved in undertaking an executive search assignment. Below we describe the focus and output for each of these activities, recognizing that these steps are closely interrelated, and that a number of the early phases of the process will be undertaken concurrently. For a search to be successful, each of these activities must be carried out in a manner that combines tenacity with creativity and good judgment. 3.1 DEVELOPMENT OFT POSITION BRIEF The effort devoted to understanding the challenges facing the City Manager, the scope of their responsibilities, and the experience, skills and personal qualities required of the incumbent, lays a strong foundation for the success of the search activity itself. It will enable us to represent you professionally and with confidence in the marketplace. It will ensure that, in evaluating candidates, we focus on the key selection criteria. Through a series of Stakeholder Meetings with members of Council, senior staff and other key stakeholders, we would need to determine the: The output of this activity would be a Position Brief. This brief would include an overview of the City of Saint john, a position description setting out objectives, mandate and responsibilities; and a candidate profile establishing with indication of relative priority, the necessary elements of the professional profile, skills and personal qualities required. This would be presented to you for review and feedback. .2 SEARCH L The guiding principles in developing our Search Plan are to be as thorough as possible in our coverage of the market; and, respecting your timelines, to make the most efficient use of the search methodologies available to us. our fully integrated Canadian office and national search database, coupled with seamless inter-office communication systems, ensures that we can create a virtual team, fully conversant with the magnitude and scope of this opportunity. There are three dimensions to our search activity: o RESEARCH- our research team sets out to identify those organizations where individuals might be expected to have gained the experience necessary for the role. They will investigate industries and organizations across the country to find r ■ RAY & I3I.R I)TSCl R[)I3I: "I'SON STJ T: I;r~r,. ~ fl~siuUalOau~~. h'~ulloriu.,, Ray & Berndtson / Robertson Surrette 5 City of Saint John - City Manager prospective candidates. In addition, our research team has access to exclusive regional, national and international databases with over 500,000 candidates. q: NETWORKING: We have developed, over many years, an extensive network of contacts across Canada to whom we can turn for advice and questions on possible candidates. We will also develop a letter for the Mayor's signature inviting key stakeholders to identify potential candidates for the City Manager role. ADVERTISING. Some people can be very well qualified for a position, but it may be difficult to identify them as they may have recently changed jobs, are currently involved in an area which is slightly different from that which we are seeking, or are on leave to pursue academic or other professional opportunities. Advertising is an option that ensures we thoroughly cover the designated market. Advertising will also attract individuals originally from the region that have moved away but maintain contact with family in the area. We will recommend appropriate industry and recruiting websites and print publications which will also draw interested candidates. At a minimum, we will advertise this opportunity on our recruiting websites: www.raw ,gr " 0dtson„ca and www.fobertsonsurrette.com at no cost to you. These sites receive 30,000 and 9,000 visits respectively each month. 3.3 DEVELOP LONG LIST Having identified our potential universe of candidates, we would make contact by telephone to present and discuss the opportunity, with a view to obtaining expressions of personal interest or suggestions as to other potential candidates. We would make sure that before initiating first contacts, we were able to make a strong, professional presentation of the opportunity, and be in a position to respond to the questions and issues most likely to be of interest/concern to potential candidates. our objective at this stage would be to obtain expressions of interest from individuals who appear qualified for the position, and request that they provide us with written information in support of their candidacy. Tenacity is a critical element of this process. We make every effort to ensure that we speak with all of the individuals identified or recommended as potential candidates. Typically this requires many follow-up phone calls given the significant pressures on individuals working in these complex and demanding environments. Once satisfied that we have identified a strong group of potential candidates, we would meet with you to review our progress and to obtain your feedback on our long-listed candidates. It should be noted that in these early discussions with potential candidates, the issue of confidentiality is always important 3.4 DEVELOP SHORT LIST At this time, we would arrange to meet with those candidates considered to have the strongest potential. These meetings have two objectives: mix'w■ RAY & 13EMN1YCSON iii° 11013FUITSON SURREI-F1? Hi➢pµ„sup V,,J^tirnu urn iurlll~ll"k~i Iluiu°s.,,. Ray Er Berndtson / Robertson Surrette b City of Saint John - City Manager o To ensure that we convey to candidates sufficient information about City of Saint John and the rote so that they are in a position to make an informed decision as to their candidacy; and a To make a thorough and systematic assessment of their candidacy for the position. The effort which we put into the first phase of the assignment pays substantial dividends as we come to assess candidates. The information obtained during that phase with regard to position responsibilities, issues/ challenges, expectations of performance and organizational style/culture, is translated into a set of selection criteria, against which all potential candidates would be assessed. In general terms, these criteria fall into three categories: o Experience/skills required for successful performance; a Leadership style; o Personal values and priorities. Based on our shared understanding of the City of Saint john's objectives/priorities and the agreed selection criteria, we would develop a series of topics or issues to be covered during the interview. Each interview would follow a format, to ensure that consistent information is obtained in a manner which would enable us to assess each candidate's experience, motivation, skills and personal style against the agreed selection criteria. Our approach to assessment is thorough and systematic. it centres on an interview which is in large part behaviourally oriented or 'critical incident' based. We ask candidates to go into the specific details of relevant projects or situations for which they have been responsible. We ask for a descriptive account together with reasons for courses of action, outcomes, lessons learned, etc. . CLIENT INTERVIEWS Ray & Berndtson / Robertson Surrette 7 City of Saint John - City Manager We are frequently asked by clients to help them prepare for the interviewing process and we are always pleased to do this. Our objective is to ensure that you are in a position to make the best choice of candidate. To do this effectively requires a frame of reference for the interview and the ability to focus on topics that provide real insight into the nature and relevance of the candidate's experience and particularly their skills and personal qualities - against the agreed criteria. Finally, we would discuss the kind of role we should play in these interviews. In the past, this has varied from facilitating to conducting the interviews. Certainly, our clients find it to be of value to have us available during their final deliberations and decision making. 3.6 COMPLETING REFERENCES By this stage, we would have completed preliminary referencing on all of our short listed candidates. However, once you have narrowed the short list to one or two finalists, we would obtain more comprehensive references on those candidates. We will do extensive reference checking to ensure that the real world corroborates the information obtained from the resume and the interviews. Comprehensive background and reference checking is a critical step in the selection process and is conducted with professional discretion. Finalist candidates are asked to provide six to eight references to allow a 360 degree assessment of their past work performance. We specifically ask to speak to former supervisors, peers, employees and other contacts who may not have been originally listed by the candidates in order to obtain further insight into work history and character. The Association of Executive Recruiting consultants estimates that approximately one in five resumes contain material information that is untrue. Examples include the listing of degrees that have not been obtained, titles and dates of employment that are incorrect, and accomplishments that are overstated. As a result, our firm has adopted the practice of verifying the claims made in the resumes of finalist candidates. Our policy is to discontinue the candidacy of anyone whose resume contains distortions of material information. Finalist candidates will be expected to provide information to allow us to conduct a thorough background check which will include reference checks, verification of education and designations obtained. In some cases a thorough credit and criminal history check may be requested. Should a candidate not allow verification of his/her background, a decision will be made by our client as to how to proceed with the candidacy. 3.7 PRESENTING THE OFFER Once the choice of final candidate has been confirmed, we can assist in the drafting of an employment contract on your behalf, presenting an offer of employment, detailing compensation and terms and conditions of employment. We assist in whatever way we can in the negotiations to ensure a successful outcome. m. IRA,l IIG"s(.NN TA c) Is lu:^.„,~ r Ray fr Berndtson / Robertson Surrette 8 City of Saint John - City Manager 18 SUPPORT AND FOLLOW-UP Fundamental to our approach is the recognition that our responsibility does not end with the hiring decision. Following a successful hire, we notify all unsuccessful candidates of the outcome and do so in a timely, respectful and professional manner. We measure our success not in terms of a 'placed candidate', but by the contribution the new leader makes to our client's organization. Thus we are interested in providing the new City Manger with as much support as we can as they take up their new role. In situations where the new leader comes from a different city, we can provide advice and assistance on real estate, community activities and schools and we can also provide advice to partners about the employment opportunities and labour market in the area. 3.9 ON BOARDING CONSULTING PROGRAM (OPTIONAL) Our on Boarding Consulting Program supports newly hired leaders to accelerate their effectiveness as they successfully integrate into their new roles. The service safeguards the organization's substantial leadership investment and maximizes the new leader's potential. Through On Boarding leaders are able to effectively transition into their new positions giving them the resources they need to make their mark and achieve early results for the organization. The On Boarding Consulting Program includes: • Access to a Robertson Surrette Leadership Consultant 24/7. This means that over the first crucial months of the new City Manager's tenure, our Leadership Consultant will respond to the City Manager's needs within 24 hours of a request within the scope of the work described in this proposal. This service allows the City Manager to call upon our expertise in real time and around real needs. • Face to face Leadership Coaching meetings held offsite where we discuss the critical issues that the City Manager faces and work with the City Manager to identify leverage points that enable progress, both tactically and strategically. These confidential discussions allow the City Manager to step back and reflect aided by an objective, third party perspective. Leadership Coaching which focuses on, o Determining the mission, goals, and role expectations of the City Manager; o Understanding the organizational culture and how to be successful; n Achieving 'early-win' goals to establish credibility with internal Er external customers and stakeholders; o Building successful relationships with Council, direct reports and key stakeholders; o Developing and executing organizational, team and individual plans. The outputs of Leadership Coaching meetings can be varied depending on the needs of the City Manager but there are three aspects that are usually captured: o Meetings can be summarized to catch key themes and next steps; R®s RAY & BHHNDTSON ■SUi• ROI3ERTSON SURRE'M'E ~I'reu7urui.~n,un n ,11'ui1iq''~f"aim, Ray & Berndtson / Robertson Surrette 9 City of Saint John - City Manager A discussion document is created to form the basis of a plan to manage the leadership and organizational need. The plan is owned by the City Manager and can be adjusted accordingly as it is executed; Verbal feedback from the Leadership Consultant on areas of strength and potential areas of development intended to allow the City Manager to better manage future leadership challenges. The On Boarding Consulting Process includes: • In consultation with Council and the Leadership Consultant, the City Manager will draft an on Boarding plan that defines the strategic objectives to be achieved in the first 90, 180, hr 360 days complete with deliverables and milestones. This plan will also include the critical leadership behaviors necessary to drive these objectives. • The On Boarding Program will end with a meeting between the City Manager, Council, and the Leadership Consultant. The objective of this meeting will be to debrief the coaching process, the implementation of the On Boarding plan and discuss strategies to continue the leadership development process of the City Manager. Based on the experience of other organizations as they integrate new leaders, and particularly new leaders from out of town, we suggest that you consider a 12-month on Boarding Consulting program for the City Manager. This program will provide support in terms of integrating into the community and the municipal sector and lay the foundation for on- going success for Council your new City Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~~CYI3:IrU".., S (.-,r SLrIIC~~I~VC~~ l~ ~aummu,.*mmmm:'~iv,~~a, ~',nu~" mu^^m' °r"ceurcpa,u~m~~rcu ~ ~.;p'~rtuam,°mm "M1~~~cammmm~u~mmV r~rm:~~'mmd ~ 1u.Jauhmm"Ir-u Ray Fr Berndtson / Robertson Surrette 10 City of Saint John - City Manager 4.0 RECORD OF EXPERIENCE One of the factors that distinguish our firm is a focus on senior appointments within a broad cross- section of public, private, not-far-profit and academic organizations. we believe that we excel at the conduct of extensive consultations among diverse stakeholder groups, the management of extensive recruiting campaigns and, most importantly, the support and guidance to selection committees to help them arrive at consensus. A selection of relevant executive searches is available below. ORGANIZATION City of Moncton Halifax Regional Municipality City of Saint John Saint John Airport Authority New Brunswick Health System FacilicorpNB Town of Hampton Town Of Truro Truro Fire Department Canadian Human Riqhts Commission City of Abbotsford City of Barrie City of Brampton City of Brockville City of Burlington City of Calgary City of Campbell River City Of Cornwall City of Edmonton City of Edmonton, Dept of Transportation City of Hamilton City of Kinqston City of Mississauga City of Oshawa I POSITION I City Manager Municipal Auditor General Manager of Solid Waste Resources Director, Finance General Manager, Metro Transit I Commissioner, Planninq & Development I Chief Executive Officer I More than 20 Board/Director roles Chief Operatinq Officer I Chief Administrative Officer I Superintendent of Fire I Superintendent, Administration I Chief Commissioner City Manaqer Commissioner, Corporate services Commissioner, Community Services General Manager, Community Operations Director of Legal Services City Solicitor Deputy Fire Chief Commissioner Works and Transportation Executive Director, Maritime Discovery Centre Chief Administrative Officer City Manaqer Director, Development €r Building Approvals Manager, Roads Maintenance Manager, Land Servicing and Housing Director of Operations Division Manaqer, Environmental Services Chief Financial Officer General Manager, Corporate Services General Manager, Planning and Development General Manager, Transportation General Manager, Transportation (REDO) Director, Housing I Chief Administrative Officer City Manager Commissioner of Corporate Services Director, Bus Rapid Transit Project Director, Engineering Services 'r:a:■ RAY & I EMND'I:SO N aaaaa WOMEN WOMEN 11011I;WPSON SLTRUP-1-IT: Ray & Berndtson / Robertson Surrette 11 City of Saint John - City Manager ORGANIZATION POSITION City of Ottawa Director of Housing Auditor General Director, Land Ambulance Service Director, Traffic €r Parking Director, Economic and Environmental Sustainability Director, Community Sustainability City Solicitor Director of Water & Wastewater Director of Solid Waste Deputy City Manager, Planning 5 Growth/Public Works- 2 roles City of Peterborough City Manager Fire Chief City of Richmond I Chief Administrative officer City of Sarnia I City manager City Of Thunder Bay I Chief Administrative Officer City of Toronto Head of Emergency Services Executive Director, Information Er Technology General Manager, Solid Waste Management City of Vancouver Director, Facilities Design & Management Commissioner - Civil City Project Associate Director, Facilities City of Vaughan Commissioner Legal Er Administration Director of Community Planning City of Victoria ( City manager City of White Rock Chief Administrative officer City of Windsor Executive Director of Building/Chief Building official District of Maple Ridge chief Administrative officer District of Borth Vancouver Chief Administrative Officer Halton Regional Police Service Director, Corporate Services Municipality of West Nipissino I Director, Infrastructure Oakville Public Library I Chief Executive Officer Ontario Ministry of the Attorney General I Assistant Deputy Minister, Court Services Regional Municipality of Halton Chief Administrative Officer Manager, Wastewater Operation Commissioner, Public Works and Planning Director of Planning Services Regional Municipality of Niagara Commissioner of Public Works Director, Water & Waste Management Director, Waste Management Commissioner Integrated Planning Associate Director, Water Operations Er Staff Development Associate Director, Wastewater Operations & Laboratory Services Regional Municipality of Peel chief Administrative Officer Director of Waste Management Commissioner of Environment, Transportation and Planning Town of Amherstburg Chief Administrative Officer Manager of Development Services F: in 11A Y & BERNF) T'SON K:0 "no, T1OI3EIi'I'SON SLTTIRE'I'r'N; auMrMiwiiiinE,i C iullpg;oui^r a F1 ~:^~riqua.ea `~~Ilanuuou^vo-a.ll• Vn~l~'~ftT'u,u o ~n.l'~i illiia.'v., Ray & Berndtson / Robertson Surrette ORGANIZATION Town of Caledon Town of Fort Erie Town of Niagara-on-the-Lake Town of Oakville Town of Richmond HIII Town of Whitby Township of Bonnechere Valley Township of Greater Madawaska Township of Langley Township of Laurentian Valley Township of Russell united Counties of Leeds and Grenville Vancouver Board Of Parks & Recreation Vaughan Public Library 12 City of Saint John - City Manager POSITION Manager, Public Works Deputy Treasurer Manager of Public Works Senior Planner, Policy & Senior Planning, Transportation Director, infrastructure Services I Chief Administrative Officer Commissioner, Corporate Services Commissioner Corporate Services Commissioner, Planning & Development Director, Strategic Services Commissioner of Community Services Director, Environment Manager, Cultural and Heritage Services Commissioner of Planning & Development Commissioner, Corporate and Financial Services I Director of Public Works I Senior Water/Sewer Attendent I Chief Administrative Officer Manager, Legislative Er Administrative Services I Chief Administrative Officer Director, Environmental services Chief Administrative Officer I Chief Administrative Officer I Director of Stanley District I Chief Executive Officer uu~ E )fermi 'r' f~ eC1ttF21^a`r'r t: ~iuiii^ri,iir~ ~u tl ~iuu m ~mgii1'U N,-~~ul 1i h.~,Vvoln Ray & Berndtson / Robertson Surrette 13 City of Saint John - City Manager 5.0 OUR CONSULTING TEAM Ray & eerndtson / Robertson Surrette's most important asset is our team of professional consultants. With significant experience in assessing executive talent for clients, our consulting staff has a knowledge base and contact network capable of delivering top quality service. Anna Stuart will lead the search team in all the aforementioned methodology, act as the facilitator during client interviews and consult on the final selection. Mark Surrette will work with Anna, bringing his experience and network in the Atlantic Canadian and national sector to the search process. Supporting Anna will be Andrea Forbes and the entire Research Team. Andrea and our Research Team will lead the process on candidate identification and recruitment. They will assist in devising and implementing a targeted recruitment strategy for the search. The entire search process will be kept on track by Sandi Nicholson, Executive Assistant. Anna Stuart, Partner Anna's experience as a professional public servant and an advisor to senior public sector leaders across Atlantic Canada has given her first hand insight into the challenges and rewards of this significant sector of the Atlantic Canadian economy. Fueled by her passion for public service, Anna's consultative style and pragmatic approach to issues has delivered exceptional results to a range of organizations across the region. Throughout her 20-year career, Anna has provided recruitment, strategic and operational advisory services to a range of public sector organizations and government departments and agencies in Nova Scotia, Newfoundland and Labrador, New Brunswick and Prince Edward island along with a range of private sector organizations. From strategic planning to organization design and people development, Anna has helped organizations and leaders to identify, plan and realize their goals. Prior to joining Robertson Surrette, Anna was a consulting partner and principal with two large public accounting firms and held senior leadership positions in the Nova Scotia public sector. Anna is also a Certified Management Accountant and Certified Management Consultant and has a Masters Degree in Health Administration. As a partner in our executive search practice, Anna is committed to providing strategic talent leadership guidance to our valued clients. As a member of the Executive Committee and Board for Brigadoon Children's Camp, Anna is part of building a summer camp for children in Atlantic Canada with chronic illness. She has also given back to her community through her work to secure funding for the Maskwa Aquatic Club, as a founding member of the Nova Scotia Chapter of Invest in Kids and as a member of the Canadian Cancer Society - Nova Scotia Division Nominating Committee. A native Newfoundlander and a Nova Scotian by choice, Anna is proud to be the wife of an officer in the Canadian Navy and mother of two wonderful daughters. No- AY&131x,1 11°SON ■"On M` w 110131;R'1'S(7 SU 14>aaI'FE u, u%xiiv, w 1,g„%o111co ail Ray Er Berndtson / Robertson Surrette 14 City of Saint John - City Manager Mark Surrette, President Mark has worked hard to earn the distinction of being one of Atlantic Canada's Top 50 CEOs five times during his career. Known as an energetic and persuasive organizational guru with a strong track record of community involvement and corporate results, Mark created Ray Er Berndtson / Robertson Surrette in 1980. f t' Today, as President, Mark leads the dedication of excellence, client satisfaction and quality service in the areas of recruitment, career transition and human resource consulting. He also sits on the national Board of Directors for Ray Er Berndtson and KWA Partners, two strategic national partners of Ray & Berndtson / Robertson Surrette. Whether recruiting a CEO to the area or spearheading a national initiative, Mark's enthusiasm and confidence in the Atlantic Canada business community is obvious. r Proud of Ray Er Berndtson / Robertson Surrette's involvement and impact in the community, Mark has spearheaded several corporate fundraising initiatives. Most recently he served as Chair of the "Great Big Gig" for three years and under his leadership the event raised over $340,000 for the IWK Health Centre. Mark has also served as Chair of the Board of Governors for the junior Achievement Hall of Fame Dinner for Nova Scotia for two consecutive years (2004, 2005) and is past president of the Young President's Association, Atlantic Chapter. He is currently in his second term as Honorary Consul General of japan at Halifax. A native of Halifax, Mark earned his Bachelor of commerce degree with a major in Organizational Behaviour from Dalhousie University. He received his MBA with a concentration in Marketing from Saint Mary's University. He has also completed the President's Seminar at Harvard University Graduate School of Business Administration. Mark currently resides in St. Margaret's Bay with his wife, Angela, and their two daughters. Andrea Forbes, Research Team Lead Andrea's enthusiasm for engaging with potential candidates makes her a valued member of our executive recruitment team. With a high energy personality and a passion for recruitment, she loves the challenge of exploring the marketplace and engaging with industry contacts to find the rf most quality candidates to best fit our clients' needs. Prior to completing her undergraduate degree in Honors Psychology at St. Francis Xavier university, she worked for one of Canada's largest pension and benefits firms in pension administration. Andrea was a member of the 'll St. FX Student union executive team as the Vice President, Student Relations. As a key member of the Student Union, Andrea helped to create and promote various initiatives to improve student and community life. A dedicated St. FX alumnus, Andrea is a life officer of her graduating class and u is involved in organizing annual Alumni events. Andrea is currently working to attain her CHRP designation with the Human Resources Association of Nova Scotia (HRANS). K.I:t:■ RAY & BERN13TSON ■■■u 110BERI-SON SLTR E-1-7-E % ouivirun. t■■t■ ➢'~~~p~i,io"r~. Ray Cr Berndtson / Robertson Surrette 15 City of Saint John - City Manager Sandi Nicholson, Executive Assistant With a mandate to provide outstanding client service and effective office administration, Sandi's confident approach to business along with her exceptional interpersonal skills make her a wonderful asset to our Halifax office. In her role as Executive Assistant, Sandi's focus on cultivating relationships with Robertson Surrette clients is what truly makes her shine. Her experience is extensive in the areas of office administration in a variety of industries and her incredibly strong work ethic and conscientious style is a benefit to both our firm and clients alike. On Boarding Consulting Program Tony Case, PhD Senior Consultant Tony has over 20 years of business and consulting experience in the U.S. and Canada. His expertise spans the financial, retail, healthcare, and manufacturing industries. He is a successful leadership consultant, coach, and facilitator with an extensive track record of enhancing employee and organizational fl. development, performance, and growth. Tony is also widely recognized as a - leader in customized leadership development, team building, and executive { f coaching processes that enable organizations to achieve their strategic goals. He has over 10 years of experience in the areas of leadership development, executive coaching, succession planning, executive team development, and . change management in the service of such clients as Harley Davidson, AT&T, Aliant, Hewlett Packard, IWK, Capital Health, Catholic Health Initiatives, Farmers Dairy, Halifax International Airport Authority, RCMP, Nova Scotia Transportation - t, and Public Works, Crombie Properties, Michelin, Southwest Properties, Nautel, Lafarge NA, Keane Canada, High Liner Foods, and Scotsburn Cooperative. Tony 4 I has also co-designed and co-facilitated the community leadership development program, Envision Halifax, the last four years. He is also an adjunct faculty ' member at St. Mary s University. Tony has a Ph.D. in Organization and Management from Capella University in Minneapolis, MN. His research was a qualitative case study that explored the way new CEOs learn and adapt in their new role in their first year. Tony also has a Master's of Science in Management from Regis University in Denver and a Bachelor of Arts Degree in Political Science from the University of Toronto. He is certified in MBTI, FIRO-B, Social Styles, Personal Directions, LEA 360, Denison Organizational Culture and Leadership assessments, and LISten 360. He has an executive coaching certification from the US consulting firm Lee Hecht Harrison, which specializes in career development, executive coaching, and leadership development. 1. RAY a ®.TINDI'SON Ray £r Berndtson / Robertson Surrette 16 City of Saint John - City Manager 6.0 STATEMENT OF NON-CONFLICT 7o the best of our knowledge Ray 8 Berndtson / Robertson Surrette is not conducting any current assignments which might constitute a conflict with City of Saint John. We would advise you at the time a search commences if this has changed. ■rarruuw ~9~ ~~IQ Iq•~~'IC~~tU I~°~~~~:.~8i"~u& M ~ Vu~,~~q'~I~'a;'~~~.~l~1~1w~➢'U'q„I ~a'~ ~.•~.,usuu~~ar~n ~a~M p,~~~I~,~~,u•D~~roll,irrt"ti Ray & Berndtson / Robertson Surrette 17 City of Saint john City Manager 7.0 PROFESSIONAL FEES Our fees are non-contingent and calculated as 30/0 of the successful candidate's first year total anticipated cash compensation, including salary and guaranteed/estimated performance bonuses, if any. Please note our fees apply even if an internal candidate is chosen or an external candidate is referred by you, our client. The fee is billed in three instalments. The first instalment is sent out at the outset of the assignment, with the remaining invoices being sent at one-month intervals. Any adjustment to the total fee will be included on a final instalment. Invoices are payable in 30 days. Should any candidate referred to you by Robertson Surrette be hired by your company or any affiliate company within the next twelve months, a placement fee of 2/3 of the original professional fee would be owing to our firm. This fee would apply regardless of the position for which the candidate is hired. 7.1 ON BOARDING CONSULTING PROGRAM (OPTIONAL) If you choose to offer a 12-month On Boarding Consulting program to the new City Manger, professional fees would negotiated on a fixed fee basis and would typically be $10,000 - $15,000. 7.2 PROFESSIONAL FEE SUMMARY PROFESSIONAL FEES ................................................28'0 of first year's total cash compensation RESEARCH .........................................................................................................Included in fee REFERENCING AND BACKGROUND VERIFICATION ...................................................Included in fee STANDARD PSYCHOMETRIC ASSESSMENT ............................................................Included in fee Please note: This fee structure will be in effect for the three year period of the standing offer unless otherwise re- negotiated. 7.3 EXPENSES We will invoice monthly for search support expenses such as long distance telephone, faxes, postage, couriers and on-line research. We have found that our clients prefer to have a confirmed amount for these expenses. For a search of this scope and complexity, expenses will be 6% of the professional fee. These expenses are billed in three installments together with the professional fee. While directly related to your assignment, these costs are allocated to each assignment in total and we do not typically account for or itemize them separately. Should the assignment be completed during the first 30 days, we will adjust the expense percentage to reflect that. Advertising is an option that will ensure we thoroughly cover the designated market. We have the capability of drafting, laying out and placing ads within major print media and Internet recruiting sites in Canada. At the outset of the search, we will prepare a draft advertisement and recommended advertisement placement program for discussion and approval. Should advertising be decided upon, we would bill on a cost only basis. We will also bill you for meals, catering and travel expenses incurred by us or by candidates whom we reimburse. Prior to any major expenses being incurred we will obtain your C r RAY & DERNDTSON a T{aI31:I:&soN SUIi.I i--, suur„au'!111 , Oft r sic Jvqucn 11 111" awn Ray & Berndtson / Robertson Surrette 18 City of Saint John - City Manager approval. All expenses will be billed at our cost with no mark-up and will be detailed in our monthly billing letters. EXPENSES SUMMARY SEARCH SUPPORT EXPENSES ...............................................................6% OF PROFESSIONAL FEE RECRUITMENT ADVERTISING (TO BE PROPOSED) CHARGED AT COST EXPENSES .....................................................................................................CHARGED AT COST I.E. TRAVEL, CATERING, VIDEO CONFERENCING ADMINISTRATIVE MARK-UP ON EXPENSES .........................................................................NONE Please note. This fee structure will be in effect for the three year period of the standing offer unless otherwise re- negotiated. 7. GUARANTEES Ray Ir Berndtson / Robertson Surrette holds out three guarantees relative to its recruiting business. First, whenever we take on an assignment, we guarantee to stay on the assignment until the position is filled. Third, Ray Er Berndtson / Robertson Surrette commits not to actively recruit from within client organizations where we have a working relationship. 7.5 SEARCH CANCELLATION 7.6 SEARCH POSTPONEMENT A search may be postponed by written notification but can only remain postponed for a maximum of 90 days following the beginning of the search. If a search is not reinstated prior to this 90 day period, the search will be considered cancelled. If a postponement occurs in the first 60 days, 1/3 of the professional fee is owed to Ray & Berndtson / Robertson Surrette. If RAY & I3I:I3 x3'I'SO ® ; ROHFRTS Sti1 TtE i'►ntxru`t=r • Girl r,° • Tnnurtcr • Clot a! • ritcgxxtnY,l + ILrlif • E~t..rulxn x Ray & Berndtson / Robertson Surrette 19 City of Saint John - City Manager a postponement occurs after 60 (and before 90 days), 2/3 of the professional fee is owed to Ray Fr Berndtson / Robertson Surrette. If a postponement occurs after 90 days, all professional fees have been earned and are payable in full. !U-" V0,1iW~mi,olizie~~awTM~ ~="~m;1, ~sao°~~ a~!~~~~l~aii:iii,~ ~~:)III~g e~~~r~~ ~,„~,~dWWle~~r~~~mm~l~ ~-'~III'r~u~~'~~'W~~u.m.r~ Pum~~~~.~ii~ Ray & Berndtson / Robertson Surrette 20 City of Saint John City Manager .0 FINAL When it comes to client service, our strength is our cohesive team that works on the assignment. As the client, you will depend upon us to learn about your organization, to represent your organization and the opportunity to qualified candidates, and to assess those individuals. In addition, as your agent in the marketplace, you are depending on us to leave a favorable impression with each individual we contact on your behalf. We believe strongly in treating all individuals, including contacts, unsuccessful candidates, the ultimate choice, and the client, professionally and with respect in all instances. We would be very pleased to work with you on this assignment. a s v RAY t t :r .t I' ON ROBERTSON ~U:r$1E$E'1C rT: Ray & Berndtson / Robertson Surrette 21 Appendices 9.0 APPENDIX I - Professional Values/Ethics City of Saint John City Manager in a business involving decisions that so profoundly affect the success of client organizations and the lives of individuals, we are committed to the highest standards of honesty and integrity in all of our activities. We adhere to the Code of Ethics set down by the leading professional association in our industry, the International Association of Corporate and Professional Recruiters (IACPR). The following are some specific examples of our ethical standards: o We will not undertake assignments unless we are able to provide a top quality service to our client. other client commitments or situations where existing client relationships would put important sources of candidates off-limits to us are sometimes prohibitive; o We devote whatever time is necessary at the outset of an assignment to be sure we have a genuine understanding of our clients' organizations, expectations, and their standards for judging performance; o We balance our responsibilities to both clients and candidates: we must attract candidates for our client, and we must present an honest accounting of the opportunity to those candidates; o We provide the finalist candidate on an assignment with as much detailed and accurate information as we have to assist them in making a rational career decision; * We are prepared to change our minds. If our assessment of a candidate changes during the process, we will advise our client and explain why; We will not encourage anyone to accept a position unless we believe it is in the best interest of both the finalist candidate and the client; We commit to not solicit any candidates within active client organizations; and, d:u Confidentiality is a major concern in all of our activities. In the early stages of an assignment, we make sure that we appreciate our client's concerns around confidentiality and agree on a strategy for dealing with them. By the same token, we will do nothing to jeopardize an individual's current situation; thus, we will not present information to our client about someone unless we have their permission to do so. Again, for reasons of confidentiality, we will only undertake reference checks when there is a serious interest in a candidate, and we always advise candidates in advance as to the references we wish to contact. ;ii Ray er so / Robertson Surree 22 10.0 APPENDIX 11 - Timeline Planning Wmk r s Research and Sourcing Evaluation and Selection .3 dumo a :t s City o Saint John ® City Manager Final i iion r 'n I Legend The Minimum Property Standards by-law was updated in November 2008. • It adopted the updated sections of the municipalities act that provides enhanced enforcement tools for substandard housing by-laws, including: o Increased fine structure - minimum $1,000 to be imposed by a judge, up to $5,120. Can be daily o Tickets (min $1,000) o Ability to take remedial action o Registering Notice to Comply o Appeals before a independent appeals committee • Deterrence • Fast track where ownership has changed STATS from May 2008 - May 2009 • Minimum Standards violation letters issued 230+ • Formal Notices to Comply issued 37 • Charges laid 11 o Old by-law or failing to comply with judge's order o May be multiple charges for 1 property due to multiple owners or failing to comply with judge's order • Court-imposed fines $5,490 WHAT'S BEEN WORKING? • Registering notices - already a couple of examples of new owners aware of Notices • Appeals o Independent decision body - 2 lawyers and 1 councillor o Have upheld our Notices o Since January - 9 appeals requested • We are getting compliance • Word is out and our actions are deterring violations and encouraging compliance • Courts are supporting our efforts - all actions have been successful in court • COMPLIANCE IS OUR GOAL-AND WE ARE ACHIEVING IT.