RIGGED BID

RIGGED BID 4-23-09 Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, pa 19530
610-683-7977
Mayor Green &
Borough Council Members
Kutztown Borough Hall
45 Railroad St.
Kutztown, Pa 19530
Dear Elected Officials,
Awarding Blonder Tongue Laboratories Inc. a contract of $119,511.87 for the up dating of the head end was the culmination of your conspiracy to rig the bid and award it to a contractor you preferred at a price that was agreed upon before the official bid. In my recent letters to you I have pointed out all your lies and illegal actions you have taken in reference to this matter. To refresh your memory the following are some of the deceitful, illegal and arrogant actions taken by you.
Prior to the March 17,2009 Council Meeting you illegally agreed on a price of $119,511.87 to up date the head end with Blonder Tongue Laboratories Inc and confirmed it in a Purchase Order.
You then noted on the Agenda for the March 17, 2009 Council Meeting that you would ratify the Blonder Tongue Laboratories Purchase Order of $119,511.87.
After receiving my letter stating it was illegal you removed the Purchase Order ratification from the Agenda.
I made a Right to Know Law request to see the Blonder Purchase Order and was notified in writing by Borough Secretary\Right to Know Officer Bonnie Bray that the Purchase Order does not exist. I met personally with Secretary Bray and Information Technology Director Caruso and they both stated that the P.O. did not exist. Neither one of them would tell me where or how the price of $119,511.87 for the March 17, 2009 Council Meeting ratification was acquired.
I notified you that I received an e-mail dated March 21, 2009 from Blonder Tongue Laboratories Inc. that stated there were no open Purchase Orders with Kutztown.
I notified you that I received a copy of a letter from Borough Solicitor Keith Mooney to the Office of Open Records stating the Borough does not have to publish the Purchase Order because the Borough did not act upon it. His letter states the P.O. exists which disagrees with 2 Borough Officials and the contractor that state it does not exist.
Without a Council Meeting and a vote you then illegally decided to let the contract out for bid. The Bid Document contained no date to hide the fact that it was written after the meeting.
Again without a Council Meeting or a vote you called a meeting to open the bids on April 8, 2009. You advertised the meeting in the local newspaper and then ratified it at the April 21, 2009 meeting 13 days after the meeting. It is illegal to pay for a meeting notice, advertise it then ratify it at a later date.
At the April 8, 2009 Committee Meeting the bids were opened. There were 2 bids. One bid from Blonder for $119,511.87 and a bid from Advance Media Technology for $104,858.51. At the meeting I questioned the Bid Document and the bids. Committee Chairman Eidle stated Advance Media left something out and they would have to consult Counsel.
Your next action was to put it on the April 21, 2009 Council Meeting Agenda and without any clarification made a motion, seconded it and Council President Eidle stated before the vote that you all know what this is about meaning you all knew about my letter informing you that the vote was illegal. You have not clarified or explained the differences in the bids for the public and defiantly awarded the contract to Blonder Labs.
To sum up the Borough had agreed on a contract price of $119,511.87 with Blonder Laboratories before the March 17, 2009 Council Meeting. The Contract Price and the Agreement constitute a contract that can be confirmed by the Purchase Order which you and Solicitors Mooney and Dietrich refuse to make public. The price on the P.O. is the same price as the bid price, $119,511.87. This is a criminal act and you can also be sued personally because you knew the Contract award was illegal when you voted on it.
cc: www.marinoreport.com Sincerely,