Special Concessions Part 3 The Story

Dear Nieces and Nephews

What do you call someone who loudly professes to be ethical and calls for ethics reform while their behavior demonstrates the opposite? What do you call someone who does this consistently? A serial fibber!!!

It seems that our Stevie Thunder the County Executive, is just like his buddy Cuomo in calling for ethics reform, but is apparently doing the exact opposite. If you recall from a previous post, the bids for the Golf course concessions did not follow the county’s own guidelines as far as submission of bids and worse, for awarding those bids. The Bidding process was also contrary to NYS Law!

 You will also recall ONE of the campaign contributions of $3500.00 from Wayne Corts. (Hence the Cuomo reference,)

There were serious defects in the BID submitted by Wayne for the Golf course(s) food/catering concessions. And yet, despite these issues and the fact that his bid was not the most lucrative for the county, Wayne Corts was awarded the contract!!!

One of the conditions laid out in the RFP entitled “Concessionaire Services Hickory Hill and/or Stony Ford Golf Courses” is that an “Offerers who fail to submit Form A shall not have their proposals considered.” (Form A is the form that shows compliance with the OC Local Law 13 of 2013 aka “Pay to Play” law.)

The submission from Wayne Corts who signed the County of Orange Contract Cover Sheet for Orange Hospitality Corp, has “Orange Hospitality” crossed out, “Falkirk Estate and Country Club” written in longhand. It did not have the form, as indicated by “Missing pay to play” handwritten in the pay to play field of the contract. According to the guidelines for the RFP and the County’s own laws, this proposal/BID should have been summarily dismissed! Instead JB crossed it out and actually put his initials next to it so that all would know that he did it.

Form A was not submitted with the application! Why else would “missing pay to play” be written next to “Pay to Play compliance”? And why was it crossed out later and initialed “J.B.” It looks like there were special concessions made for Wayne Corts and his bid.

When we consider the contract with Orange Hospitality, scratched out to become Falkirk Estate and Country Club, aka WAYNE CORTS we find a County of Orange Contract cover sheet that has been altered to the point of being ridiculous. Wayne's bid indicated a payment of 10% of the takings to be given to the county and someone jacked it up to 12% for him.

Here’s the proposal offering the 10% (two other organizations associated with Wayne are listed on top, Why?)

     See fig 1 proposal in Part 1 (all of the “figures” referenced here are on the

two posts previous)

Fig 1 is a summary of the BIDS and you can see that Wayne’s was not the most lucrative for the county, One bid offered 25% to the county for Hickory Hill only and another 13% for Stony Ford only.  When you look at the three bids for the two golf concessions with liquor licenses, the 12% gave Wayne the boost he needed,( IF you ignore the % increases based on dollar volume.)

There’s more.

According to NYS General Municipal Law Section109 and included in Section 19 in the RFP, there is a provision that the concession cannot be sub-contracted without prior written approval from the County Executive. So how is it that there is an amendment date May 12^th 2015, which states: “This amendment…modifies a Concession License agreement (“Agreement”) dated May 19^th 2015..”

How do you amend a contract that hasn’t been executed yet? And the amendment assigns from Falkirk to Orange Hospitality. Then why did someone cross out “Orange Hospitality” and write “Falkirk …” only to change it back later?

See fig 3b in Part 2 “Amendment”

Dated May 12^th  2015, to amend a document dated May 19^th 2015 that was signed on the 18^th????

 The amendment was signed by Steve Neuhaus apparently on May 2(?)or 12th: William Cummings, representing Falkirk, signed on May 12th.  William Cummings apparently represented Orange Hospitality but the signature was different, signed on the 12^th.

The contract cover sheet was received on May 18th 2015. It was signed by Wayne Corts on the 18th, OC Risk Approval and OC Department of General Services both on the 18th. It is signed by Budget approval and the law department on the 22^nd. It was signed again on the 26th by the Law Dept. Why? The cover sheet does not call for two signatures from Legal.

Fig 3a part 2 contract cover sheet

And “JB” who crossed out “Missing pay to play” on the contract cover sheet, is that James Burpoe, Commissioner, Department of General Services? (the department responsible for procurement etc.)http://www.orangecountygov.com/content/124/1332/

IF Jim Burpoe, in his capacity as Commissioner, made changes on the contract post submission, his problems will only get Bigger and Bigger, as if someone was gunning for him.

This submission should have been summarily dismissed according to law, since it was submitted WITHOUT FORM A!

With the changes post-submission, the altering of the contract cover page, the amendment PRECEEDING the document it amends and the amendment containing a questionable signature (more reasons for dismissal) this BID process was in the least, sloppy and more than likely illegal.

Auntie knows that at least four of the County legislators were made aware of these discrepancies.

Let’s see who is first to come out against this improper and apparently illegal BID award.and let’s see if those involved learn that it doesn’t pay if you pay to play.

Even if it involves the County Executive and a "prominent businessman" who allegedly drinks from the KJ well.

Auntie knows that the NYS Attorney General is looking into this matter and there has been word that the US Attorney’s office is interested as well.

Contracting, Orange County Style!