WHAT BRAY & CARUSO CALL CONTRACT

BID FORM BOROUGH OF KUTZTOWN
FOR THE HEAD-END UPGRADE
THE UNDERSIGNED,
NAME OF FIRM _Blonder Tongue Labs ______________________ _
CONTACT NAME ____________ Steve Hegge ________________________ _
CONTACT PHONE 732-679-4000 x4358_ FAX _732-679-4353 _____________ _
CONTACT EMAIL shegge@blondertongue.com ________________________________ _
ADDRESS _One Jake Brown Road _________________________________ _

CITY, STATE, ZIP
Oldbridge _________ ST _NJ _______ zIP _08857 _

does hereby agree that if this bid is accepted and awarded to the undersigned for either or all Options 1, 2, the undersigned agrees to comply with the specifications as outlined in the bid documents and furnish all bonds and insurance certificates as specified.

OPTION 1: EQUIPMENT


QTY
MODEL
DESCRIPTION
UNIT COST
TOTAL COST
10
AQT
ATSC/QAM Transcoder
_$782.31_
_$7823.10-
2
AQT-PCM
AQT Power and Control Module
_$444.11-_
_$$888.22-
1
AQT-RCS
AQT Remote Configuration Server
_ $$515.31_
_$515.31- _
17
DQMx-02
Digital QAM Multiplexer
_$1957.11_
$33,270.87_
27
DQMx-04
Digital QAM Multiplexer
_ $2847.11_
$76,871.97 _
2
QTRC
QAM Transcoder Rack Chassis
_$71.20_
_$142.40-

LUMP SUM BID for OPTION 1:
$_$119,511.87_
OPTION 2: DESIGN, ENGINEERING AND INSTALLATION SERVICES

TOTAL BID FOR DESIGN SERVICES:
TOTAL BID FOR ENGINEERING SERVICES:
TOTAL BID FOR INSTALLATION SERVICES
LUMP SUM BID FOR OPTION 2:
$ __ INC. _
$ __ 'NC.
----
$ _INC. _
$_INC _

We herewith enclose our cash, money order, a certified or cashier's good faith check or a bond
with corporate surety in the amount of $ __ $11,952.00 being at least ten percent of
the bid proposed.
Date _4/01/09 _

Authorized Signature cfteH H~
Title: Director Systems Engineering

LETTER FROM SEC. BRAY TO OFFICE OF OPEN RECORDS

A Cummunity Committed to Tradition and Progress Incorporated- /815
www.kutztowoboro.org
www.hometownutilicom.org

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45 Railroad Street * Katz/O"II'/I, PA 19530-1/'1 * Phone. 6/0-683-6/3/ * Fax. 6/0-683-6729 * E-mail. adrnin@klltzlownboro.org
May 19,2009
Nathanael J. Byerly, Esquire Appeals Officer
Office of Open Records Commonwealth Keystone Building
400 North Street, Fourth Floor Harrisburg, Pennsylvania 17120-0225
RE: MARINO V. KUTZTOWN BOROUGH, DOCKET #AP 2009-0359
Dear Mr. Byerly:
In response to the appeal that you received on the above matter, please find enclosed a copy of a letter dated May 14,2009, from Frank P. Caruso, Director oflnformation Technology, to Blonder Tongue Corporation, showing the expected project dates for the headend update project. Although there is no formal contract with Blonder Tongue Labs, the enclosed copy of the completed bid form submitted by Blonder Tongue Labs shall function as the contract.
By copy of this letter, Mr. Marino has also been provided with these documents. Trusting that this correspondence will satisfy Mr. Marino's Right to Know request and will further serve to close this appeal.
If you have any questions, please do not hesitate to contact me .
Sincerely,
BOROUGH OF KUTZTOWN

Enclosures
cc: Gennaro A. Marino'
Gabriel Khalife Council Members Frank Caruso
Keith Mooney, Esq.
~" . ~
i NV'fv\;lL \'2\C(s
Bonnie Bray
Right-to-Know Officer

Scan of Frank Caruso's Letter to Blonder Tongue Labs Inc.

The Borough of Kutztown
Frank P. Caruso - Director fccaruso@kutztownboro.orq-(610)683.6131 ext 136
INFORMATION TECHNOLOGY
May 14, 2009
Blonder Tongue Corporation Steve Hegge
One Jake Brown Road Old Bridge NJ 08857
Dear Steve:
As a follow-up to our conversations, we anticipate our on-site project start date for installation and testing of our equipment per the BID will begin June 3, 2009, contingent upon the Borough's receipt of the required Bonds as stated below, and completion to be within 30 days. I have confirmed this with Mark and my staff. Mark will schedule the shift times with you.
Your 10% Bid Bond will be returned upon acceptance of the Performance and Payment Bonds in the amount of 100% of the total Bid.
If you have any questions, please call at your convenience.
Sincerely ~CUb~~ Frank P. Caruso
Director of Information Technology The Borough of Kutztown

OFFICE OF OPEN RECORDS LETTER 5-21-09

Office of Open Records Reply 5-21-09 Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com
Nathanael J. Byerly Esq.
Appeals Officer
Officer of Open Records
400 North Street 4th Floor
Harrisburg, Pa 17120

Re: MARINO V. KUTZTOWN BOROUGH DOCKET #AP 2009-0359

Dear Mr. Byerly,
I am in receipt of a copy of a letter sent to you from the Borough’s Right to Know Officer Bonnie Bray, who is also the Borough Secretary, and I do not understand it. She states there is no contract but there is a contract after Frank P. Caruso, Director of, Director Information Technology, sends a letter to the contractor, Blonder Tongue Laboratories, stating,” WE ANTICIPATE OUR ON-SITE PROJECT START DATE FOR INSTALLATION AND TESTING OF OUR EQUIPMENT PER THE BID WILL BEGIN JUNE 3,2009 etc.” His letter refers to a BID FORM which lists some equipment prices and a total of $119,511.87. Borough Secretary Bray’s letter states this Bid Form shall function as a contract. This Bid Form can not function as a contract because it is not signed by a Borough Representative. And it can not function as a contract because it does not list any details. ITD Caruso’s letter mentions installation and testing which is not mentioned on the Bid Form. A contract has to at least list a Scope of Work, a list of Exclusions, types of testing and many more details.
It seems to me that the Borough makes up its own rules as they need them. This project can not move forward with this piece of paper that Mr. Caruso and Ms. Bray produced and called a contract. I spent almost 40 years in the construction business and have never seen such nonsense, and I do not know of any reputable owner or contractor that will honor or work with such an agreement.
This action by Mr. Caruso and Ms. Bray is fraudulent and an insult to the intelligence of the residents of Kutztown. I do not accept this as an answer to my request.
Sincerely,

Gennaro A. Marino P.E.
cc: Kutztown Borough Council
Mayor Green
ITD Caruso
Borough Secretary\Right to Know Officer Bray
Pa. Attorney General
Blonder Tongue laboratories
Others

ATTORNEY GENERAL 5-18-09

Attorney General 5-17-09 Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Website www.marinoreport.com
Deputy Attorney General
Norman W. Marden
Dear Sir,
I would like to up date you as to what is happening in the Borough that is related to actions of the Borough and Blonder Tongue Laboratories Inc. The Pennsylvania Office of Open Records has ruled that the Borough should release the Purchase Order to me as per my appeal (attached). The Borough has refused to deliver it to me stating they have 30 days to appeal it. I would like to remind you that I have an e-mail from Blonder Labs (attached) that there were no open Purchase Orders between their firm and the Borough of Kutztown.
Again under the Right to Know Law I have requested to see the tentative the start and completion dates of the contract between Blonder Labs and the Borough and was denied by Borough Secretary\Right to Know Officer Bonnie Bray (attached) stating the Contract does not exist.
Attached please find a letter I hand delivered to the Borough (dated 5-10-09) in which I state among other reasons that the work can not be started without a contract. My letter is clear and the Borough has not answered it.
I have also received a copy of a letter, dated May 11, 2009, sent by The Office of Open Records to Borough Secretary\Right to Know Officer Bonnie Bray (attached) requesting her to submit a sworn affidavit that the contract does not exist and address my statement that the contract does exist. The Borough has until May 26, to respond.
This letter and the attached materials confirm my accusations that the Borough is making a concerted and organized effort to conceal and cover up all aspects of the dealings with Blonder Tongue Laboratories that were illegal from the start which was early March of 2009.
This contract is for Hometown Utilicom WHICH IS A BUSINESS VENTURE AND NOT A UTILITY as the Borough would like everyone to believe. The finances of Hometown Utilicom are blended in with the finances of the General Fund and the Borough’s Electric Fund to further conceal HU finances from the public. The Borough is also illegally financing HU by transferring funds from other Borough departments to fund Hometown Utilicom. NOTE: There has never been a complete financial report on Hometown Utilicom since its inception in 2002.
To further confirm my charges the 2008 Audit has still not been published as per the Borough Code which states it should be published 90 days after the end of the fiscal year which was April 1, 2009. It also confirms the Borough is not very forthcoming with Borough business, records or finances.
I am readily available should you need any further information or documents. Thank you.
Sincerely,

Gennaro A. Marino P.E.
cc: Mayor Green
Borough Council Members
Borough Manager\Treasurer Khalife
Borough Secretary\Right to Know Officer Bray
Borough Assistant Treasurer Samilo
HU Director\Information Technology Director Caruso
Borough Solicitors Mooney and Dietrich
Independent Auditors Long & Barrell
Blonder Tongue Labororatories Inc.

OFFICE OF OPEN RECORDS LETTER TO SECRETARY BRAY 5-12-09

COMMONWEALTH OF PENNSYLVANIA OFFICE OF OPEN RECORDS
May 11, 2009
Bonnie Bray
Right to Know Officer Borough of Kutztown 45 Railroad Street Kutztown, PA 19530
Re: Marino v. Kutztown Borough, Docket # AP 2009-0359
Dear Ms. Bray:
As you are aware, our office has received an appeal on the above matter. After reviewing the documents provided to our Office, I will need additional documents to render a decision in this matter.
Please provide our office with a sworn and notarized affidavit verifying that the requested contract does not exist. In addition, please address Gennaro Marino's statements that the contract does exist.
Given the short timeframe I can accept the materials via facsimile no later than May 26, 2009. If the above requested information is not received by this date, the Final Determination will be based on the information that has been provided.
A sample affidavit is available for review on our webpage in the "Forms" section: http://opemecords.state. pa. us
If you have any additional questions, please do not hesitate to contact me. Thank you in advance for your assistance in this matter.
Rey#fiillY,
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anae! J. ]
ARpeals Officer
Office of Open Records Commonwealth Keystone Building 400 North Street, 4th Floor Harrisburg, P A 17120-0225 http://opemecords.state. pa. us
cc: Gennaro A. Marino
Commonwealth Keystone Building I 400 North Street, 4th Floor Harrisburg, Pennsylvania 17120-0225 (717)346-9903 I (717) 425-5343 (Fax) http://openrecords.stare. pa. us

RIGHT TO KNOW REQUEST BLONDER CONTRACT 5-8-09

Right to Know Request 5-10-09 Gennaro A. Marino P.E.
Kutztown Mayor Green &
Kutztown Borough Council
Dear Borough Elected Officials,
The letter that I delivered to you at the Borough Hall dated May 5, 2009 from RTKL Executive Director Terry Mutchler to Borough Secretary\Borough Right to Know Officer Bonnie Bray is in reference to my RTKL request to see the start and completion dates for the contract with Blonder Tongue Laboratories Inc. Secretary Bray denied my request stating that the contract does not exist therefore there are no start or completion dates. The Council voted to accept the bid from Blonder for $119,511.87 and to award them the contract at the last Council Meeting which means the contract exists. I recently asked Borough Manager\Treasurer Khalife about Mrs. Bray decision to deny my request and he stated he knew nothing about it which means she does not have authorization or approval of her decisions to grant or deny requests from her superiors, the Borough Manager, the Mayor or the Borough Council.
The absence of any leadership or a chain of command on the part of the Borough Council has led to this appeal and will generate more letters from the Borough Solicitor. My last appeal for the Blonder Purchase Order led to the Borough Secretary and the Borough Solicitor contradicting each other in letters to the Office of Open Records which was very embarrassing for the Borough.
I recommend you make public the start and completion dates of the contract immediately so as not to repeat the exchange of letters and confusion as in the request for the purchase order that the Borough was eventually ordered to make public by the Office of Open Records. As per the Borough Code all financial books and records should be published periodically and the Borough can start by publishing a full financial report on Hometown Utilicom.
As per the Borough Code the 2008 audit should have been made public and published in a local newspaper by April 1, 2009 and it was still unavailable at the Borough Hall as a of Friday May 8, 2009 and it was never published in a local newspaper. At least one of you should address this and provide an answer of why the Audit is not available.
Sincerely, Gennaro A. Marino P.E.

OFFICE OF OPEN RECORDS FINAL DETERMINATION 5-8-09

pennsyLvania·

OFFICE OF OPEN RECORDS FINAL DETERMINATION

IN THE MATTER OF

GENNARO A. MARINO, Complainant


v.

BOROUGH OF KUTZTOWN, Respondent
Docket No. AP 2009-0272

INTRODUCTION



Gennaro A. Marrino submitted a request to the Borough of Kutztown ("Borough")

seeking access to a purchase order placed on a Borough Consent Agenda, but not acted upon,

pursuant to the Right-to-Know Law, 65 P.S. §§67.101 et seq., ("RTKL"), The Borough denied

access stating that the record did not exist. Mr. Marino timely appealed to the Office of Open

Records ("OOR").

For the reasons set forth in this Final Determination, Mr. Marino's appeal is granted, and

the Borough is required to release the record.

FACTUAL BACKGROUND

On March 27, 2009, Mr. Marino submitted a right-to-know request to the Borough

seeking "'a copy of the purchase order of $119,511.87 which the Council was to ratify at the

March 17, 2009 council meeting" ("Request"). Bonnie Bray, Right-to-Know Officer of the

Borough timely responded on April 1st and advised that Mr. Marino's Request "is denied

1

OOR LETTER TO B.BRAY AND I 5-5-09

COMMON\VEALTH OF PENNSYLVANL<\ OFFICE OF OPEN RECORDS
May 5, 2009

Gennaro Marino 409West Main Street Kutztown, P A 19530
RE: DOCKET # AP 2009-0359

Bonnie Brav
Open Records Officer Borough of Kutztown 45 Railroad Street
Kutztown, P A 19530


Thank you for writing to the Office of Open Records regarding the Right-to­Know law, 65 P.S. §§67.101, C«RTKL"). The OOR has received an appeal on May 5, 2009. This letter will explain our process and provide the Agency a copy of the appeal.
The OOR will assign an Appeals Officer to review the case. If all procedural requirements have been met the Appeals Officer will review the file, consult with agency counsel as appropriate, seek any necessary additional information and issue a Final Determination. The Appeals Officer may conduct a hearing, but that decision is non­appealable. If all procedural requirements have not been met the parties will receive a letter stating why the appeal has not been accepted and that no further action is needed.
If additional information is necessary to reach a Final Determination, the Appeals Officer will ask for it in writing with a deadline for submission. If either party would like to submit unsolicited information they must do so within seven (7) business days from the date of this letter and provide a copy to the opposing party. Agencies are reminded that the burden of proof rests with them in citing the exception, law, regulation, judicial order or privilege to deny a request.
The OOR has 30 calendar days to issue a Final Determination. If you would like more information, please see our Web site, http://openrecords.state.pa.us, where all Final Determinations will be posted.
Respectfully,

Terry Mutchler Executive Director
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fi N )~'\i~
VI
Commonwealth Keystone Bl ,.J f'llorrh Street, 4th Floor
Harrisburg, Pen •• ,ylvania 17120-0225 (717)346-9903 I (717) 425-5343 (Fax)

OFFICE OF OPEN RECORDS LETTER TO MOONEY ESQ.5-4-09

COMMONWEALTH OF PENNSYLVANIA OFFICE OF OPEN RECORDS
May 4, 2009
Via Facsimile
Keith Mooney, Esquire Barley Snyder LLC
50 North Fifth Street P.O. Box 942
Reading, PA 19603-0942
Re: AP 2009-0272, Marmov. Kutztown Borough ("Borough") Dear Solicitor Mooney:
I received your correspondence faxed on May I st which continues explaining your conclusion that the Purchase Order is not a "record" due to lack of official action upon it.
However, the Borough's responses remain unreconciled as to whether the requested Purchase Order, or record of the Purchase Order, exists or not. To.the extent that the record does not exist, kindly supply an attestation by the records custodian, or other person with knowledge, in conformity with 42 Pa. C.S. §6103 swearing to the lack of a record.
As your response to my request for supplementation focused upon the "record" definition defense, absent an attestation being faxed to my attention by close of business May 5th, the OaR will accept your May 1st Letter as confirming the definition as the Borough's sole defense.
Thank you in advance for your anticipated cooperation with this matter.
Very truly yours,
~6'L-.
Lucinda Glinn Appeals Officer
cc. Gennaro A. Marino
Mr. Gennaro A. Marino
409 West Main Street Kutztown, P A 19530
Commonwealth Keystone Building I 400 North Street, 4th Floor Harrisburg, Pennsylvania 17120-0225
I~~""''''",/ t"'\('\t"\.., I ''"1'"'1\ A"'lC' t:'')A? 1T":'_h\

MOONEY ESQ.LETTER TO OFFICE OF OPEN RECORDS 5-4-09

50 North Fifth Street P.O. Box 942

Reading, PA 19603-0942 Tel61O.376.6651 Fax 610.376.5243 www.barley.com

VIA FACSIMILE

Lucinda Glinn, Appeals Officer Commonwealth of Pennsylvania Office of Open Records Commonwealth Keystone Building 400 North Street, 4th Floor Harrisburg, P A 17120-0225

May 4,2009

Keith Mooney, Esquire Direct Dial Number: 610.898.7155 E-mail: kmooney@barley.com


Re: AP 2009-0272, Marino v. Kutztown Borough ("Borough")

Dear Appeals Officer Glinn:

In response to your May 4, 2009 correspondence and the correspondence received from Gennaro Marino which was received by your office on May 4,2009, I hereby respond as follows:

The purchase order which is the subj ect of Mr. Marino's request was a computer generated purchase order, generated by the Borough of Kutztown for review by the Borough Council. There does exist a physical copy of a computer generated purchase order, however, there does not exist a copy of the purchase order or an original of the purchase order executed by the Borough of Kutztown and Blonder Tongue Laboratories, Inc. To the extent that I in any of my earlier correspondence gave the impression that the purchase order did not exist, I apologize and hope that this correspondence clarifies the record.

In the event that you require any further information regarding this matter, please do not hesitate to contact me at your earliest convenience.

Sincerely,

Keith Mooney, Esquire

KM/lad:25979 12_1
cc: Gennaro A. Marino


Reading' York' Lancaster' Berwyn' Hanover

MARINO REPLY TO OFFICE OF OPEN RECORDS 5-4-09

Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Lucinda Glinn, Appeals Officer
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, Pa 17120

Re: AP 2009-0272, Marino v. Kutztown Borough

Dear Appeals Officer Glinn,

In response to the letter to you dated May 1, 2009 from Kutztown Borough Solicitor Mooney I would like to comment on the following statement, “I should note that the Secretary who prepared the agenda for the Borough Council meeting utilized poor terminology in indicating that the Purchase with Blonder Tongue Laboratories in the amount of $119,511.87 for machinery etc.”

This is the same Official Borough Secretary Bonnie Bray who would not tell me where she obtained the figure of $119,511.87 for the agenda and then also as the Borough’s Right to Know Officer told me in person and in writing that the Purchase Order did not exist.

He also states in his letter it should have read, “to authorize the execution of a purchase order for Blonder etc.” This statement would only hold true if the Purchase Order was not already executed. This is one of the reasons the purchase order should be made public.

Solicitor Mooney’s letter is intentionally misleading. Making this Purchase Order public would not compromise Borough business in any way.

Should you require any further information on this subject I am readily available. Thank you.

Sincerely,


Gennaro A. Marino P.E.

CORRUPTION CLARIFICATION 5-4-09

Corruption Clarification 5-1-09 Gennaro A. Marino P.E.
www.marinoreport.com
As per the Borough Code all purchases of $10,000 or more, unless exempted, shall be bid publicly. The Purchase Order amount of $119,511.87 was agreed upon with Blonder Tongue Laboratories Inc. in early March of 2009 without a public bid. After my complaint the P.O. was withdrawn and Borough Officials Bonnie Bray and Frank Caruso lied and stated to me personally that the P.O. did not exist. Bonnie Bray states this in a denial of my Right to Know Request which is a signed Borough Document that I have in my possession. In a letter to the Office of Open Records Borough Solicitor Mooney stated the P.O. was not a record which disagrees with Bonnie Bray and Frank Caruso. Counselor Mooney states the P.O. is not a record means it exists. To illegally reach an agreement in price of more than $10,000 with a contractor without a public bid, stage a bid and then lie about it is a crime. And Mayor Green, the Borough Council, Borough Manager\Treasurer Khalife, Secretary Bray, HU head Frank Caruso and Assistant Treasurer Samilo were all involved and are well aware of the P.O. and the cover up. Borough Officials do not want the P.O. to be published because it is incriminating. This is a serious violation of the law and all of the above statements can be documented. I hope I have made myself clear.

CORRUPTION EXPLANATION 5-1-09

Corruption Explanation 5-1-09 Gennaro A. Marino P.E.
To sum up my actions of questioning and accusing the Borough of lying about and rigging a bid with contractor Blonder Tongue Laboratories Inc of Old Bridge, N.J. In early March the Borough had a Purchase Order with Blonder for $119,511.87 and as per the Meeting agenda was going to ratify it at the March 17, 2009 Council Meeting. I stated it was illegal because it was not bid publicly and the Council removed it from the agenda and put the contract out for bid. Under the Right to Know law I asked to see the Purchase Order. I received a reply in writing from Borough Secretary\Right to Know Officer Bonnie Bray that the Purchase Order does not exist. I was also told personally by Secretary Bray and Information Technology Director Caruso that the P.O. does not exist. I appealed the RTK decision to the Office of Open Records and Borough Solicitor Keith Mooney replied to the OOR stating that the P.O. was not a record and the Borough did not have to produce the P.O. My blog of April 29, 2009 is a scan of the letter from the OOR to Solicitor Mooney stating his explanation disagrees with Secretary Bray’s reason.
Solicitor Mooney is now in the process of answering the Office of Open Records.
The point I am making is that the Borough does not want the Purchase Order made public because it shows the Borough had an agreement with Blonder for $119,511.87 without a bid or even a check price. This P.O. clearly exposes the conspiracy that the Borough was rigging a bid to give the contract to a predetermined bidder at a predetermined price which is a criminal act.
This P.O. is a public record but the Borough does not want it made public because it is incriminating. Mayor Green, the Borough Council, Borough Manager\Treasurer Khalife, Assistant Treasure Samilo, Borough Secretary Bray, ITD Caruso are all aware of what is going on and are all part of the conspiracy . The Borough Elected Officials can be indicted and can be sued personally because they knew the bid was illegal at the time of the vote. There is much more to this incident which I am sure will come out at a later date.