City says procurement process fair after contract awarded to Penticton councillor

PENTICTON – The City of Penticton has reviewed a Request for Proposals following the awarding of a contract or removal and disposal of sandbags to a company owned in part by a city councillor.

Chief financial officer Jim Bauer conducted the review of the process after the request closed on July 11, awarding the over $206,000 contract to Sun-Oak Construction Ltd., a company in which Coun. Max Picton is a part owner.

Bauer said in a press release issued today, July 17, a legal opinion regarding Picton’s right to submit a proposal was sought after it was disclosed he was a principle in the company.

The City was told by legal counsel the municipality could enter into a contract with a council member as long as the interest was reported “as reasonably practicable” to council and the public.

Picton provided notice to the City’s corporate officer on July 14 his company had been awarded a contract for removal and disposal of sandbags.

Bauer says one other company submitted a bid, Dynamic Landscaping and Renos.

The proposals were evaluated by three City staffers who used pre-established criteria, with all three evaluators scoring Sun-Oak Construction higher than Dynamic Landscaping.

Bauer says the Sun-Oak Construction proposal had a more thorough and well defined approach to the proposal, coming in at a slightly lower cost than Dynamic Landscaping.

“As a result, Sun-Oak was awarded the contract,” Chief Financial Officer Jim Bauer said. He feels the steps taken to award the contract were conducted fairly, objectively and appropriately.

Bauer said the City will be retaining an external firm to conduct an independent review of the procurement process.

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