REQUEST FOR PROPOSAL. DISASTER RECOVERY and RELATED SERVICES. RFP ISSUE DATE: February 8, 2011

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1 PATCO Request for Proposal Page 1 of 26 REQUEST FOR PROPOSAL FOR DISASTER RECOVERY and RELATED SERVICES RFP ISSUE DATE: February 8, 2011 PROPOSAL SUBMITTAL DATE: February 23, 2011

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3 PATCO Request for Proposal Page 3 of 26 TABLE OF CONTENTS 1.0 INTRODUCTION DESCRIPTION 4 CORPORATE PROFILE 4 REFERENCES 4 PRIME CONTRACTOR RESPONSIBILITY 4 Firm POLICIES 5 TESTING METHODOLOGY AND SUPPORT 5 HOT SITE DESCRIPTION 5 HOT SITE ENVIRONMENTALS AND PHYSICAL SECURITY 5 HOT SITE STAFF 6 FACILITY AUDIT 6 CUSTOMER SUPPORT PROCESS 6 REQUIREMENTS INTEL SERVER REQUIREMENTS 7 CONSULTING SERVICES 7 TESTING 7 SUPPORT 7 OTHER SERVICES PROPOSAL SCHEDULE 8 Schedule A: Location Details RFP AS EXCLUSIVE BASIS FOR PROPOSAL STANDARD CLAUSES COMMITMENT QUESTIONS PROPOSAL SUBMISSION REQUIREMENTS CONTRACT AWARD NONDESCRIMINATION CLAUSE REFERENCES EVALUATION CRITERIA INTRODUCTION The Delaware River Port Authority (DRPA) is a bi-state authority of the State of New Jersey and the Commonwealth of Pennsylvania that owns, operates and maintains four long-span Delaware River toll bridge crossings, including the Betsy Ross, Benjamin Franklin, Walt Whitman and Commodore Barry Bridges. In addition, the DRPA owns the PATCO High-Speed Line, operated by the DRPA s transit subsidiary, the Port Authority Transit Corporation (PATCO), as well as an intermodal rail operation in South

4 PATCO Request for Proposal Page 4 of 26 Philadelphia (Ameriport). In the early 1990s, DRPA s enabling legislation (the Compact) was revised to expand its powers by including responsibility for promoting the economic development of the Delaware River Port District. Subsequent to the Compact change, there were additions to DRPA s portfolio of facilities including a headquarters building, a cruise terminal, and a passenger ferry. 1.1 DESCRIPTION It is the intent of PATCO to contract with a single-source for a disaster recovery hot site to backup up PATCO s main Information Services processing facilities for a period of five (5) years. Appropriate hardware, software (if any), communications and services must be proposed for PATCO to continue to maintain it s IS and telecommunications operations during times of disaster. The PATCO data center and telecommunications facilities are faced with extensive requirements for continuous operation, and must give prime consideration to these requirements when evaluating the hot site proposal responses. To assure the most cost effective acquisition with a minimal level of operational disruption, it is mandatory that the Proposal Response meet or exceed the following requirements. CORPORATE PROFILE: The proposal must include a brief overview of the company and its services, including descriptions of: A. competitive strengths, B. description of company s business function and service, C. corporate (parent) and other subsidiary or license affiliations (if applicable), D. commitment to disaster recovery business, E. the initial date recovery service was offered commercially, F. market share, G. size of customer base, H. maximum number of subscribers allowed at each facility and maximum number of subscribers for each system, I. test time allowances and options for additional test time, J. experience in actual disaster recovery incidents, K. planned enhancements (additional recovery sites, new technology, configuration upgrades, etc.) L. certified financial data describing the current financial condition of company. M. Payment Card Industry (PCI) compliant facilities REFERENCES: A minimum of five clients must be provided as references, including the company name, address, and contact person, and contact s telephone number. The references must include at least two clients who have used the Firm s services to recover from an actual disaster. The remaining references must have conducted multiple disaster recovery tests. These clients must be willing to discuss their experience with representatives of the DRPA. PRIME CONTRACTOR RESPONSIBILITY: If the proposed services include the use of products or services of another company, PATCO will hold the Firm responsible

5 PATCO Request for Proposal Page 5 of 26 (as the prime contractor) for the proposed service(s). Firm must specifically identify other companies that will be utilized. Indicate your compliance to this requirement. FIRM POLICIES: The Firm must describe their company policies as they relate to the following: A. How does the Firm minimize the risk or handle simultaneous events from multiple subscribers that require the same equipment? B. Will the Firm allow a non-subscriber to declare and subsequently recover at the Firm s recovery facility? If yes, provide conditions when this might happen. C. Does the Firm share the recovery facility? If yes, how will the Firm protect the confidentiality of PATCO s data? If yes, describe physical and logical security measures taken when multiple subscribers are concurrently using the same customer site. What are the obligations and options available if PATCO does not agree to sharing arrangement? D. Will the Firm allow any subscriber to have preemptive rights or preferred rights over PATCO? If yes, describe the circumstances. TESTING METHODOLOGY AND SUPPORT: The Firm must describe its testing methodology and support services as follows: A. Provide detailed information regarding your testing methodology and standard support services provided during test exercises. This includes pre-test reviews, configuration change control and information synchronization between PATCO and Firm configurations. B. What support does the Firm provide before, during and after a test? What type of fee, if any, is associated with this support? HOT SITE DESCRIPTION: The Firm must give a description regarding the primary site selected and the alternative site available if the primary site is occupied. A. Describe general characteristics of the hot site facilities including location and the type of equipment currently in the hot sites at this time as well as equipment to be in the site by April 1, B. Describe the local telephone company and inter-exchange carrier access installed at your proposed hot sites, which are suitable for recovering PATCO s network. C. Provide information regarding access methods, standard telephone companies, and alternate access providers. D. Describe any pertinent network recovery experience and capabilities. E. Please describe the Firm s capabilities for testing from location remote to primary recovery center. HOT SITE ENVIRONMENTALS AND PHYSICAL SECURITY: Firm must describe the physical security in place at hot site facilities (primary/alternate). The Firm must

6 PATCO Request for Proposal Page 6 of 26 discuss hot site environmental capabilities including but not limited to the following systems: A. Power feeder lines B. UPS C. Diesel backup D. Smoke detection E. Water detection F. Fire suppression G. Chilled water HOT SITE STAFF: A. The Firm must indicate the number of support staff personnel on site (and their positions) contractually dedicated to PATCO during test and disaster recovery. B. The Firm must identify how many additional personnel would be onsite and available to help PATCO during testing and disaster recovery that are not exclusively dedicated to PATCO. C. The Firm must describe whether the support staff for testing will be the same provided during a disaster, whether they are contract or Firm personnel, and experience of the support staff. D. The Firm must describe the Network support available and in what functional areas. E. The Firm must describe its Change Management system to ensure that coverage is updated as PATCO makes changes to its operating environments? F. The Firm must describe how it will keep PATCO informed of new products and services? FACILITY AUDIT 1. Will the Firm allow a representative of PATCO or independent third party to audit the proposed recovery facilities? 2. Have the Firm s recovery centers been ISO 9001 certified? If so, domestic or international? 3. If not, are the Firm s facilities or processes audited annually? If yes, please provide a copy of such an audit? CUSTOMER SUPPORT PROCESS A. If PATCO decided to contract with Firm for hot site services, Firm must describe how it would initiate the process with PATCO. What services would be provided, what recommendations would it have for a new customer, and what activities would be important in the first year of the business relationship?

7 PATCO Request for Proposal Page 7 of 26 B. Firm must define and describe the alert declaration process. REQUIREMENTS For purposes of this RFP the following are the general layouts and requirements. INTEL Server Requirements: INTEL server computing requirements are defined in Attachment A of this RFP. CONSULTING SERVICES: Firms must clearly describe the type, number of hours and location of consulting services included under this proposal in a separate attachment provided by the Firm. These consulting services must be included in the total monthly charges proposal. These services will be evaluated independently of the hot site proposal unless the Firm includes a specific service as a requirement in the hot site proposal response and prices it in the hot site pricing portion of this proposal. TESTING: PATCO is requiring that a minimum test time of 48 hours per year be provided as part of the proposal. Testing must be inclusive of all necessary services (hot site systems and facilities, network facilities, and workgroup facilities) necessary for PATCO to fully test its recovery capabilities. PATCO is also requiring that a full-time system engineer and network engineer be available during the entire testing period. PATCO will require testing immediately upon contract award. Firms must also include in their pricing any additional charges for additional test time above the 48 hours per year in eight (8) hour increments. PATCO is also requesting the option of testing for continuous 8 hour blocks of time. In other words, the ability to test for more than 8 continuous hours at a time on a specific date. SUPPORT: Firm must list any and all support provided by them as part of this RFP. This list shall include chargeable and non-chargeable services and support. OTHER SERVICES: PATCO reserves the right to negotiate additional services and support over the life of this contract as necessary to provide additional disaster recovery services. As such, Firm must describe their capabilities and provide pricing for the following services: A. Mobile recovery services and associated platforms. B. Electronic journaling and electronic vaulting capabilities. C. Disaster Recovery Assessment and Planning D. Emergency Notification Services E. Quickship services

8 PATCO Request for Proposal Page 8 of 26 F. Disk to Disk Backup Solutions in the Cloud 1.2 PROPOSAL SCHEDULE Proposals, One Original, 6 paper copies and 1 electronic copy on CD or DVD, are due at DRPA by February 23, 2011 at 2:00 PM EST to the following address: Delaware River Port Authority One Port Center 2 Riverside Drive P.O. Box 1949 Camden, New Jersey Attention: Howard Korsen, Manager, Contract Administration 7 th Floor DRPA telephone number to be used for express delivery services is (856) Proposals received after that date and time shall not be considered. It is the respondent s sole responsibility to ensure that adequate lead-time is provided for mailing or utilizing delivery services. Proposals will be accepted only from FIRMs who received a request for proposal directly from the DRPA/PATCO. In the event that the DRPA/PATCO decides to suspend or terminate this RFP, or any subsequent negotiations with a respondent(s), it is specifically understood that the Delaware River Port Authority/PATCO will not be responsible for any costs or expenses incurred by you in connection with the proposal preparations/negotiations.

9 PATCO Request for Proposal Page 9 of 26 Schedule A: Location Details 1. Ben Franklin Bridge Administration Building Ben Franklin Bridge Toll Plaza (Near 6 th and Linden Streets) Camden, New Jersey Betsy Ross Bridge 1 Betsy Ross Bridge Plaza Pennsauken, New Jersey Commodore Barry Bridge Commodore Barry Bridge Plaza Bridgeport, New Jersey Walt Whitman Bridge Walt Whitman Bridge Plaza Philadelphia, Pennsylvania 5. DRPA Headquarters One Port Center 2 Riverside Drive Camden, New Jersey PATCO Lindenwold Station: Carlton Street Lindenwold, New Jersey RTC/Broadway Station: 100 S. Broadway Camden, NJ Other Stations: Various NJ and PA locations. 7. RiverLink Ferry 10 South Delaware River Camden, New Jersey Philadelphia Cruise Terminal at Pier I 5100 South Broad Street Philadelphia, Pennsylvania 19112

10 PATCO Request for Proposal Page 10 of RFP AS EXCLUSIVE BASIS FOR PROPOSAL This RFP provides to all respondents, the scope of services to be performed. Any information or understandings verbal or written, which are not contained either in the RFP or in subsequent written addenda to the RFP, will not be considered in evaluating proposals. As part of the process leading to the selection of the respondent, the DRPA may request additions or clarifications to the proposal. 1.4 STANDARD CLAUSES I. INSURANCE Firm will be required to provide insurance of the prescribed types and minimum amounts as set forth below. All insurance policies required shall be maintained in full force until all services under this Contract are completed as evidenced by the formal acceptance thereof, in writing, by DRPA. Each policy shall contain the provision that there will be thirty (30) days prior written notice given to the DRPA in the event of cancellation, non renewal of or material change in the policy. Firm shall furnish to the DRPA within ten (10) calendar days after the execution of the Agreement, insurance certificates, in triplicate, evidencing that it has provided the required coverages. Firm may be required at a later date and upon specific request by the DRPA, to furnish certified copies of any or all insurance policies related to protection for the work under the Agreement. The DRPA shall not be liable for the payment of any premiums under the foregoing. 1. The insurance companies indicated in the certificates shall be authorized to do business in the Commonwealth of Pennsylvania and The State of New Jersey and shall have a financial rating of A.M. Best Rating: A- (Excellent) or Higher and A.M. Best Financial Size Category Class VII or Higher Neither approval by the DRPA nor failure to disapprove insurance certificates furnished by Firm, shall release Firm of full responsibility for all liability as set forth in the indemnification clause stated in Section II, entitled, "Save and Hold Harmless". The minimum requirements of insurance to be carried by the Firm shall be as follows: (a) Workers' Compensation and Employer s Liability Insurance

11 PATCO Request for Proposal Page 11 of 26 Coverage A, Workers' Compensation - Statutory benefits as required by the Workers' Compensation Laws of the Commonwealth of Pennsylvania and the State of New Jersey, and reference to such compliance made on all certificates of insurance. Coverage B, Employer's Liability Limits not less than: Bodily Injury by Accident: Bodily Injury by Disease: Bodily Injury by Disease: $1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit (b) Commercial General Liability Insurance Bodily Injury, Property Damage and Personal Injury (including Premises - Operations, Independent Contractors, Products/Completed Operations, Personal Injury, Broad Form Property Damage, and Explosion, Collapse and Underground Coverages) Mobile Equipment. a) Occurrence Form with the following limits: (1) General Aggregate: $2,000,000 (2) Products/Completed Operations Aggregate: $1,000,000 (3) Each Occurrence: $1,000,000 (4) Personal and Advertising Injury: $1,000,000 The General Aggregate Limit must apply on a Per Project basis (c) Commercial Automobile Insurance Coverage to include: All Owned, Hired and Non-Owned Vehicles (Any Auto) Per Accident Combined Single Limit $1,000,000 (d) Commercial Umbrella Liability: b) Occurrence Limit: $5,000,000 c) Aggregate Limit (where applicable):$5,000,000 d) Policy to apply excess of the Commercial General Liability (following form Per Project Aggregate Limit), Commercial Automobile Liability and Employers Liability Coverages.

12 PATCO Request for Proposal Page 12 of 26 (e) Professional Liability Insurance Contractor shall maintain insurance covering losses caused by Professional Work that arises from the operations described under the scope of services of this Contract. Per Claim Limit: $1,000,000 Aggregate Limit: $2,000,000 If coverage is written on a Claims-made basis, the contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract (including any Design Work for this Contract); and that continuous coverage will be maintained or an Extended Discovery Period will be purchased for a period of two (2) years beginning when the work under the contract is completed. (f) (g) Crime Coverage: The contractor shall maintain insurance covering loss or destruction of DRPA/PATCO money and securities caused by Employee Theft and Computer Fraud/Funds Transfer Fraud. Per Loss: $1,000,000 Whether coverage is written on a Loss Sustained Basis or Discovery Basis, the contractor warrants that continuous coverage will be maintained for a period of three (3) years beginning when the services under the contract are completed. Joint Loss Payable Endorsement should be added to the policy, naming DRPA/PATCO as Loss Payee (ISO Form CR2502 or equivalent. Loss or Breach of Data Liability Coverage: The contractor shall maintain insurance covering third party (including DRPA/PATCO employees) privacy liability claims resulting from theft, loss, or unauthorized display/use of confidential information, such as confidential third party corporate and/or personally identifiable information in your care, custody or control (electronically, on paper, or on a laptop). Such insurance must include coverage for a contractor employee causing the loss or breach. Coverage shall also be provided for liability arising from any confidential information that will be transferred or any transactions that will occur over the Internet (including breach of confidentiality or credit injury to any DRPA/PATCO customer or vendor arising out of these Internet activities) Aggregate Limit: $1,000,000 If coverage is written on a Claims-made basis, the contractor warrants that any retroactive date applicable to coverage under the policy precedes the will be purchased for a period of three (3) years beginning when the services under the contract are completed. The DRPA/PATCO should be named as an Additional Insured

13 PATCO Request for Proposal Page 13 of 26 (h) (i) (j) Property Insurance: Contractor is responsible for any damage to their work, materials, equipment, tools, etc. It is the responsibility of the contractor to determine if any Property or Builder s Risk coverage is necessary. In the event that contractor determines that said coverage is necessary, contractor may obtain such insurance at contractor s sole expense. Self Insured Retentions: None of the policies of insurance required of the contractor by this agreement shall contain self insured retentions in excess of $10,000, unless agreed to in writing by the DRPA. All policies shall include coverage for both Certified and Non-Certified Acts of Terrorism. (k) DRPA, PATCO (including their agents, employees, representatives, officers, directors, stockholders, members and managers) shall be added as ADDITIONAL INSUREDS on all liability policies, except for the Workers Compensation and Professional Liability policies. The coverage offered to the ADDITIONAL INSUREDS on contractor s liability policies shall be primary coverage to any other coverage maintained by the ADDITIONAL INSUREDS and shall not permit or require such other coverage to contribute to the payment of any loss. (l) (m) (n) (o) It is agreed the contractor s and Sub-contractor s insurance will be not be canceled, materially changed or non-renewed without at least thirty (30) days advance written notice to DRPA. Any type of insurance or any increase in limits of liability not described above which the contractor requires for its own protection or on account of statute shall be its own responsibility and at its own expense. Waiver of Recovery/Subrogation: The contractor waives all rights of recovery and shall cause its Insurers to waive their rights of subrogation against DRPA, and any of their agents and employees for loss or damage covered by any of the insurance maintained by the contractor pursuant to this Agreement. The amount of insurance provided in the aforementioned insurance coverages, shall not be construed to be a limitation of the liability on the part of the contractor or any of their Sub-contractors. The carrying of insurance described shall in no way be interpreted as relieving the contractor of any responsibility or liability under the contract.

14 PATCO Request for Proposal Page 14 of 26 p) Sub-Contractor's/Sub-Consultant's Insurance If any part of the work under this Contract is to be performed by a subcontractor or sub-consultant, Firm shall be responsible for each sub-contractor or subconsultant maintaining insurance as specified paragraphs above (a) to (o). In addition, if a sub-contractor or sub-consultant is required to render any professional services, Firm shall be responsible for each sub-contractor or sub-consultant maintaining insurance as specified in Paragraph (e). II. SAVE AND HOLD HARMLESS The Contractor agrees to defend, indemnify and protect and hold harmless the DRPA/PATCO, their officers, commissioners, directors, members, agents, servants and employees from and against any and all suits, claims, liabilities, losses, judgments, demands and damages arising from claims by third parties, of whatsoever kind or nature, including, but not limited to, reasonable expenditures for and costs of investigations, hiring of expert witnesses, court costs, counsel fees, settlements, judgments or other expenses recoverable under applicable law, which may be suffered by or accrue against, be charged to or recoverable from the DRPA/PATCO, their officers, commissioners, directors, members, agents, servants and employees regardless of whether a suit has been filed or initiated but only upon receipt of a written notice alleging a wrongful act (collectively Claims ) to the extent arising from the negligent performance of the services provided under this Agreement. This includes but is not limited to Claims caused in part by the DRPA/PATCO, their officers, commissioners, directors, members, agents, servants and employees or which are based on strict liability. However, the Contractor shall not be required to defend or indemnify the DRPA/PATCO, their officers, commissioners, directors, members, agents, servants and employees for that portion of any claim, suit, action, damage or cost which is caused by the negligent act or omission of the DRPA/PATCO, their officers, commissioners, directors, members, agents, servants and employees The defense and indemnification obligations shall arise the moment a Claim is brought against the DRPA/PATCO, their officers, commissioners, directors, members, agents, servants and employees or the moment the DRPA/PATCO receives notice of the Claim, upon timely written notice and receipt by the Contractor. The obligations of the Contractor shall survive the termination of this Agreement or the completion by the Contractor of its obligations under this Agreement. III. TERMINATION It is understood and agreed that DRPA hereby reserves unto itself the right to terminate this Agreement at any time, for any reason whatsoever, upon giving not less

15 PATCO Request for Proposal Page 15 of 26 than thirty (30) prior written notice to FIRM. In the event of DRPA's exercising such right of termination, DRPA shall be without further liability whatsoever to FIRM under this Agreement, except that DRPA will pay to FIRM the full amount earned by FIRM to the date of said termination. FIRM agrees that it shall not be entitled to any damages whatsoever in the event of such termination other than the aforesaid payments. IV. WORK PRODUCTS All materials, calculations, computations, specifications and drawings developed and prepared by FIRM, in the performance of its services herein, shall become the property of the DRPA, and shall be turned over to the DRPA at or prior to final payment or other termination of this Agreement, or upon written request thereof by the DRPA. V. SUB-CONTRACTING OR SUB-LETTING Prior approval of DRPA is required for subcontracting any services covered by this Agreement. Requests for authorization to subcontract, must be submitted in writing to the DRPA's Chief Executive Officer accompanied by a description of the specific work to be subcontracted, the total value of such sublet work, and proof that the organization which will perform the subcontracted work is particularly equipped and capable to perform such work. The right to qualify, accept or reject any subcontractor is reserved expressly to the DRPA. VI. FIRM - INDEPENDENT CONTRACTOR FIRM is an independent contractor and under no circumstances shall it, its servants, agents or employees be or become employees of DRPA in the performance of this Agreement. FIRM shall have no authority to approve, disapprove, accept or consummate any transaction as an agent of DRPA. VII. EQUAL EMPLOYMENT OPPORTUNITY FIRM warrants and represents that in carrying out its obligations under this Agreement, it will not discriminate against employees or applicants for employment because of race, color, religion, national origin, sex, age, or non-job-related disability, and will undertake or continue to comply with all existing or future state and federal laws, rules and regulations respecting programs of Affirmative Action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. For purposes of this Agreement, affirmative action shall mean those activities undertaken during the course of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or other forms of compensation, to ensure that minority group members and women are afforded equal employment and contracting opportunities.

16 PATCO Request for Proposal Page 16 of 26 VIII. JURISDICTION AND CHOICE OF LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of New Jersey and any and all claims arising directly or indirectly from or out of this Agreement shall be brought in state or federal court in the State of New Jersey, USA. IX. POLITICAL PAYMENTS AND/OR CONTRIBUTIONS Contractors seeking to be awarded contracts from the Authority shall warrant to the DRPA that neither the Contractor nor anyone authorized to act on the Contractor s behalf has made any payment or contribution to any political candidate, political committee, public official or any other person or entity, for the purpose of influencing the award of the contract. The Contractor agrees that if the Executive Committee of the DRPA decides, after such hearing as it deems necessary, that this warranty has been breached, the Contractor shall, within thirty (30) days of this decision, pay to the DRPA liquidated damages equal to twenty-five percent (25%) of the face amount of this Agreement or order, provided: The Executive Committee s decision shall be final unless the Contractor seeks a review thereof in a commercial arbitration proceeding conducted by the American Arbitration Association, instituted by the Contractor within fifteen (15) days of receipt of the Executive Committee s decision: The Contractor further agrees that it shall be ineligible to receive any award of any contract or purchase order from the DRPA for a period of one (1) year from the date of any final decision unfavorable to it. DISCLOSURE REQUIREMENT (NEW) Contractors seeking to be awarded contracts from the Authority must disclose contributions, on the form provided herein, or a permitted facsimile, to: any Pennsylvania or New Jersey state, county, or municipal committee of a political party; any Pennsylvania or New Jersey legislative leadership committee; any continuing political committee (a.k.a., political action committee). any candidate for or holder of an elected office in Pennsylvania or New Jersey any political organization organized under section 527 of the Internal Revenue Code located in Pennsylvania or New Jersey (4) The disclosure must list reportable contributions that were made during the four years prior to the proposed date of award of the contract. Disclosure is required of contributions made by the contracting entity or by:

17 PATCO Request for Proposal Page 17 of 26 individuals with an interest, which is defined as ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit; all principals, partners, officers, or directors of the business entity or their spouses; any subsidiaries directly or indirectly controlled by the business entity; or IRS Code Section 527 organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs). When the Contractor is a natural person, a contribution by that person s spouse, parent or child residing in the same household shall be deemed to be a contribution by the Contractor and requires disclosure.

18 PATCO Request for Proposal Page 18 of 26 POLITICAL CONTRIBUTION DISCLOSURE FORM This form or its permitted facsimile must be submitted to the Authority simultaneously with the delivery of a bid for, or prior to the extension or renewal of, any contract with the Authority. Part I Vendor Information Vendor Name: Address: City: State: Zip: The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the disclosure requirements of the Authority. Signature Printed Name Title Part II Contribution Disclosure Disclosure requirement: Disclosure must include all reportable political contributions over the past four (4) years on the form provided. Contributor Name Recipient Name Date Dollar Amount $

19 PATCO Request for Proposal Page 19 of 26 X. APPLICATION OF LAWS AND REGULATIONS By entering into this Agreement, the DRPA does not consent, either expressly or impliedly, to the jurisdiction or application of any laws, regulations, procedures or requirements of any governmental, quasi-governmental or other political entity which would otherwise not be applicable to the DRPA. XI. ASSIGNMENT This Agreement and the obligations created hereunder may not be assigned by FIRM without the express written consent of DRPA. XII. NOTICES All notices required or permitted to be given hereunder shall be in writing and shall be deemed to have been given when mailed by certified mail, return receipt requested, addressed to the intended recipient as follows: If to FIRM: NAME AND ADDRESS If to DRPA: Kevin A. La Marca, Director, Information Services Delaware River Port Authority One Port Center Two Riverside Drive P.O. Box 1949 Camden, New Jersey With copy to: Howard Korsen, Manager, Contract Administration Delaware River Port Authority One Port Center Two Riverside Drive P.O. Box 1949 Camden, New Jersey Any party may from time to time change its address for the purpose of notices to that party by a similar notice specifying a new address, but no such change shall be deemed to have been given until it is actually received by the party sought to be charged with its contents. XIII. WAIVER A waiver by any party of a breach or default by the other party of any provision of this Agreement shall not be deemed a waiver of future compliance therewith, and such

20 PATCO Request for Proposal Page 20 of 26 provisions shall remain in full force and effect. XIV. MODIFICATIONS IN WRITING It is expressly understood and agreed by and between the parties hereto that this Agreement sets forth all the promises, conditions and understanding between them relative to this Agreement and that there are no premises, agreements, conditions or understandings, either oral or written, between the parties other than are herein set forth. It is further understood and agreed that, no modification, alteration, or other change to this Agreement shall be binding unless reduced to writing and signed by the duly authorized representatives of the parties hereto. XV. ENFORCEABILITY If any provision of this Agreement shall be invalid or unenforceable, in whole or in part, such provision and this Agreement shall be deemed and construed to be modified or restricted to the extent that and in the manner necessary to render the same valid and enforceable, or shall be deemed excised from this Agreement as the case may require. XVI. RESTRICTIONS ON HIRING EMPLOYEES OF OTHER PARTY The parties hereby acknowledge and understand that each has invested significant time and resources in training their employees. DRPA and FIRM hereby agree that they will not make offers of employment (either part-time, full-time, or in a consulting capacity) to any employees of the other party during the term of this Agreement and for a period of six (6) consecutive months after its expiration or termination. If a party breaches this provision, that party must pay to the other party, within thirty (30) days, Twenty Five Percent (25%) of the annual salary of the employee who has been hired in contravention of this provision. 1.5 COMMITMENT This RFP does not commit the DRPA to award an Agreement, to pay any costs incurred in the preparation or presentation of a proposal, or to procure or contract for services. The DRPA reserves, in its sole discretion, the right to reject any and all proposals and to waive informalities and irregularities in proposals received. The DRPA reserves, in its sole discretion, the right to cancel in part or in its entirety, this RFP. Award of an Agreement is subject to funding availability.

21 PATCO Request for Proposal Page 21 of QUESTIONS All questions relating to the RFP must be submitted in writing via . No questions submitted by facsimile, mail or telephone will be answered. If any questions submitted make necessary the issuance of an addendum, the addendum will be furnished to all parties receiving a copy of the RFP. Only responses and addenda, which have been issued by the DRPA, shall be valid. All responses to questions will be made available to all Firms via distribution list. All questions relating to the RFP must be addressed to Jan Odjemski, at jsodjemski@drpa.org. Questions must be received no later than February 15, 2010 at 2:00 PM EST. Any questions received after this date and time will not receive a response. 1.7 PROPOSAL SUBMISSION REQUIREMENTS All RFP submissions and supporting/subsequent materials will become the property of the DRPA and will not be returned. This section must contain prices for all components required for hot site support for the IS Data Center hot site and telecommunications facilities. This section of the response must include all items required to provide a complete and operational backup facility to the DRPA. Firm must provide prices for future expansions and upgrades to the existing requirements on a separate sheet. Additional requirements not covered under this RFP will have to be proposed separately when needed. The Firm is encouraged to provide technical and pricing information for any options or alternate services that will provide the DRPA the same or a better grade of services as described in this RFP. The Firm is also requested to provide rates for consulting services to be used at the discretion of the DRPA. These rates must provide distinction between junior and senior level consultant rates. Five references will be supplied (form following) from Companies with whom the Firm has engaged in similar work within the past three years. Each Firm should assume that all references will be contacted. Therefore, advise your references that they may be receiving a call from DRPA as part of the reference check process. 1.8 CONTRACT AWARD Detailed contract negotiations will be conducted with selected Firm(s). If a negotiated agreement cannot be reached with the selected Firm(s) within a reasonable time, negotiations will be terminated. In making its selection, the DRPA is not required to accept the lowest price and may, in its sole discretion, reject proposals which are not responsive to the requirements stated herein, or may elect to waive some or all

22 PATCO Request for Proposal Page 22 of 26 irregularities in any proposal or proposals. The waiver or non-waiver of any specific irregularity will not imply or compel similar treatment of any other irregularity. There will be no debriefing reviews for unsuccessful Firms. Upon successful completion of negotiations, DRPA staff will request Board approval to award the contract. Upon receipt of such approval the contract will be executed and a notice to proceed will be issued. In the absence of Board approval or in the event of a veto it is understood that DRPA has no power to proceed and RFP respondents will have no claim against DRPA if it fails to proceed in the absence of Board approval and expiration of all applicable veto periods. 1.9 NONDISCRIMINATION CLAUSE 1. The Consultant warrants and represents that in carrying out is obligations under this Contract, it will not discriminate against employees or applicants for employment because of race, color, religion, national origin, sex, age, or non-job-related disability, and will undertake or continue to comply with all existing or future state and federal laws, rules and regulations respecting programs of Affirmative Action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. For purposes of this Contract, affirmative action shall mean those activities undertaken during the course of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or other forms of compensation, to ensure that minority group members and women are afforded equal employment and contracting opportunities. 2. The Consultant shall make a substantial good faith effort to recruit minority and female subconsultants and suppliers having substantial minority and female representation among their employees. 3. All advertisements or requests for employment placed by the Consultant or on the Consultant's behalf, shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or non-job related disability. 4. The Consultant shall send each labor union or workers' representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of its commitment to this non-discrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by Consultant. 5. It shall be no defense to a finding of noncompliance with obligations of this non-discrimination clause that the Consultant delegated some of its

23 PATCO Request for Proposal Page 23 of 26 employment practices to any union, training program, or other source of recruitment which prevents him/her from meeting the contractual obligation not to discriminate. However, if the evidence indicates that the Consultant was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in determining whether the Consultant is in compliance with the nondiscrimination clause. 6. The Consultant shall comply with all state and federal laws prohibiting discrimination in hiring or employment opportunities. In the event the Consultant fails to comply with the provisions of the nondiscrimination clause of this contract or with any applicable laws, the Contract may, after hearing and adjudication by the DRPA, be terminated or suspended, in whole or in part, and the Consultant may be declared temporarily ineligible for further DRPA contracts. Such termination or suspension shall not entitle Consultant to any damages or additional compensation. 7. The Consultant shall, upon request, furnish all necessary employment documents and records to, and permit access to its books, records, and accounts by the DRPA for purposes of ascertaining the Contractor=s compliance with the provisions of this nondiscrimination clause. If the Consultant does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the DRPA. The Consultant shall include the preceding seven (7) paragraphs in every subconsulting agreement or purchase order in such a manner that the provisions shall be binding upon each subconsultant and supplier working on this Contract. The Consultant also agrees to be bound by applicable federal, state and local affirmative action and civil rights laws.

24 PATCO Request for Proposal Page 24 of REFERENCES Client Name and Address Contact Person 1 Contact Telephone Number Contract Value Project Completion Date Problems Encountered with Client 2 NOTES: 1 Contact person should be someone familiar with the work performed at each respective client. 2 Enumerate any difficulties, issues and/or problems you encountered while performing work for each respective client. Use a separate sheet if necessary.

25 PATCO Request for Proposal Page 25 of EVALUATION CRITERIA DISASTER RECOVERY AND RELATED SERVICES Firm: Reviewer: Criteria PROPOSAL EVALUATION FORM Points Max. % Score Recommended or Not Recommended (Please circle one) Comments Technical response to the RFP 40 Pricing 35 Experience (as it relates to customer base) 15 References 10 Total: 100%

26 PATCO Request for Proposal Page 26 of 26 Attachment A: INTEL Server Requirements Qty. Description Application 1 INTEL-based x86 server w/cd-rom drive, 1.44 MB diskette drive ERP Application keyboard, monitor, mouse Configured as follows: GHz Intel Xeon Processors 4096 MB RAM 220 GB internal disk 1-10/100 Ethernet network interface card 1- RAID controller 1 IBM 6400 Line Printer 5 INTEL-based x86 server w/cd-rom drive, 1.44 MB diskette drive AFC keyboard, monitor, mouse Configured as follows: GHz Intel Xeon Processors 2048 MB RAM 150 GB internal disk 1-10/100/1000 Ethernet network interface card 1- RAID controller 1 INTEL-based x86 server w/cd-rom drive, 1.44 MB diskette drive Workstation keyboard, monitor, mouse Configured as follows: GHz Intel Xeon Processors 2048 MB RAM 300 GB internal disk 1-10/100/1000 Ethernet network interface card 1- RAID controller 1 LTO2 and LTO4 tape library (Intel) Backup/Restore Configured as follows: 1- LTO2 Drives 1- LTO4 Drives