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Cost dispute with City of Victoria goes to the mat

A Burnaby businessman says his company is being “screwed” out of $31,000 for mats he supplied to help make the orca art installation in Centennial Square safe for children to play on.
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Follow the Pod is installed in Centennial Square on July 21, 2017. Blue mats were later added around the structures.

A Burnaby businessman says his company is being “screwed” out of $31,000 for mats he supplied to help make the orca art installation in Centennial Square safe for children to play on.

Deepak Raghavan, owner of Canada Mats, said he believed he was dealing with the city when he supplied mats for the Follow the Pod art and play piece which the city commissioned and had installed in Centennial Square in the summer.

But more than four months later he still he hasn’t been paid.

“It’s been devastating for us. We’re a small company and we’ve had to cancel our Christmas party. It’s just been a nightmare for us to take that hit,” Raghavan said.

Chris Porter, of Wild Vision Edutainment, which won the $55,000 city design competition for the pop-up art installation, ordered the mats and instructed Raghavan to invoice the city, Raghavan said. “We believed that Chris was acting as an agent for the city. That’s why we approved a $31,000-plus credit.”

He was told the matting was considered a safety item requested by the city and not part of the project budget, but that Coun. Ben Isitt had given assurances the city would cover the cost, Raghavan said. Canada Mats’ invoice for $31,247.55 was made out to the city in care of Isitt.

In hindsight, Raghavan admits he should not have filled the order without a purchase order from the city. But, he said, the Follow the Pod project was on the city’s website and the mats were being delivered to the city.

“We work with other cities and we’ve never had any problems. So we just kind of trusted this guy.”

After months of inquiries, Raghavan received a letter this week from Thomas Soulliere, city director of recreation and facilities, syaing that responsibility for paying the bill falls to Porter, not to the city.

“Over the last few days, I have confirmed with those involved from the city that no commitments were made by city representatives to Mr. Porter or anyone else, which would result in the city incurring additional costs for this project,” Soulliere says.

“Mr. Porter’s recent denial of responsibility for the costs associated with the mats is disturbing, as it was made very clear to him from the beginning of the process that all aspects of the project would be funded through the approved budget.”

Soulliere goes on to say that the city paid Porter in full this fall “with the expectation that he was ensuring any suppliers or other partners were appropriately compensated for their contributions.”

“Any representations Mr. Porter may have made to you suggesting a separate city funding source for your product were not authorized by the city,” he says.

Raghavan said he may be forced to take legal action but is worried about the expense.

He thinks the city should pay.

“Thirty one thousand for the city is a small amount. They shouldn’t be screwing a small company like ours.”

Porter, who has been out of the country, could not be reached.

Isitt did not return a call for comment. Mayor Lisa Helps said staff had advised her that the contract with the artist included all materials.

As for any involvement by Isitt, Helps said, the councillor would have to speak for himself.

“I can’t comment on the alleged actions of a councillor,” Helps said. “I hope the councillor will return your call and speak for himself.”

bcleverley@timescolonist.com