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Request for Proposals

Delaware River Port Authority

Regional Transit Security Awareness Campaign

REQUEST FOR PROPOSAL, issued November 9, 2011 Regional Transit Security Awareness Campaign for The Delaware River Port Authority at One Port Center

INTRODUCTION

DRPA on behalf of the Philadelphia Area Regional Transit Security Working Group (PARTSWG) is seeking a qualified consultant to develop a regional public security awareness program that will incorporate the basics of the national “See Something, Say Something” program and include additional specific information that is unique to the Philadelphia Area Transit agencies. The program is called "Regional Transit Security Awareness Campaign”. Through the implementation of this program PARTSWG seeks to improve transit security, identify security-related barriers to transit and provide for enhanced coordination and communication with our Safety and Security community partner. This will be achieved various public outreach and messaging campaigns to be developed as part of this RFP.

The contract awarded hereunder shall be for a Regional Transit Security Awareness Campaign Consultant for DRPA. The Regional Transit Security Awareness Campaign Consultant shall develop a public awareness program unique to the DHS national “See Something Say Something” campaign that will incorporate the public into the National Security Awareness program targeting the Regional Mass Transit agencies in the greater Philadelphia Area. It is and shall be understood and agreed that the contract shall be deemed to be awarded and validly entered into between the successful Proposer and DRPA when written notice has been given of the award by DRPA, and a contract/purchase order shall be issued to the successful Proposer covering same.

BACKGROUND The Philadelphia Area Regional Transit Security Working Group (PARTSWG) is made up of five rail/transit systems identified by DHS as a Tier 1 system for transit. These five systems, the Southeastern Pennsylvania Transportation Authority (SEPTA), the Delaware River Port Authority (DRPA/PATCO), New Jersey Transit, PennDOT and Amtrak, provide services to nearly 4.4 million people within 2,422 square miles. These systems, located within the Philadelphia UASI, are used by commuters, residents and tourists on a daily basis. Philadelphia is also on Amtrak’s Northeast Corridor.

Each transit system in the PARTSWG has its own police force and runs both independently and interdependently within the region. Amtrak’s 30th Street Station receives SEPTA, Amtrak, and NJ Transit commuter trains as well as transit buses.

 

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Many of the underground stations within Philadelphia are shared by PATCO and SEPTA. Additionally, NJ Transit’s trains from Atlantic City into Philadelphia and its bus operations serve all of the Southern NJ Region. The Philadelphia area also hosts rail storage facilities, bus terminals, bus garages and light rail maintenance and storage facility for NJ Transit.

The 14.5 mile PATCO rail line operates between Lindenwold, NJ and Philadelphia, PA and services 13 stations (9 in NJ and 4 in Philadelphia). The PATCO system utilizes the 1935-era Locust Street subway under Philadelphia and crosses the Delaware River via the Ben Franklin Bridge. The PATCO system has 121 vehicles that travel 4.4 million miles annually. NJ Transit operates a commuter rail service, bus routes and a light rail line collectively making over 1.2 million passenger trips annually throughout the Philadelphia area.

The Southeastern Pennsylvania Transportation Authority (SEPTA) provides public transportation services in Bucks, Chester, Delaware, Montgomery and Philadelphia counties with limited rail service to New Jersey and Delaware. SEPTA’s service area is 2,202 square miles and made up of 142 routes, 280 stations and 15,625 bus and rail stops. SEPTA is one of only two truly multi-modal systems in the country and has service to over 300 million passengers annually via 1,132 buses, 136 light rail vehicles, 243 subway/elevated trains, 301 railroad cars, and 338 specialty transport vehicles.

DELIVERABLES AND SCHEDULE OF SERVICES: This project consists of development and production of a REGIONAL TRANSIT AGENCY’s regional counter-terrorism campaign, “If you see something, say something ©,”or “If you see it, say it” to encourage passengers of their respective transit system to alert authorities if they observe something out of the ordinary. As part of the regional campaign, this program encourages citizens to be the eyes and ears of public safety officials and homeland security agencies. The program will include the following deliverables as well as development and selection of campaign concepts, production of all campaign components inclusive of television commercials, radio commercials, print advertising, and in-system transit advertising; placement of advertisements in television, radio, and print media, internet media; and production of supporting collateral communications directed at employees, the riding public, and other constituencies, as needed.

A successful public awareness campaign will be founded upon the basic principles of how best to push through a cluttered media environment to ultimately communicate the identified target audiences. Final Project completion for this phase is: April 30, 2012.

Creative Development The Consultant will develop the Regional Transit Security Public Awareness Campaign program to help connect with the target audience. The design along with the

 

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public awareness information will be used to develop posters, brochures, interior bus ads, and other types of advertising as needed. Logo and Design Elements The consultant will develop a logo for the program along with the various marketing elements. Presentation Materials A Power Point, flyers, and other promotional materials will be created and utilized to provide an overview of the Program. Brochure A brochure will be developed and distributed throughout the PARTSWG members’ service area that provides an overview of the Program. (Actual printing costs should be included in consultant proposal.) Rail/Bus Ads Ads will be created and placed on the interior and exterior of PARTSWG member Rail cars, light rail cars and buses. (Actual printing costs should be included in consultant proposal.) Posters Posters will be created and placed in rail and bus stations, businesses, service locations, government agencies, and public locations throughout the PARTSWG service area highlighting the Program. (Actual printing costs should be included in consultant proposal.) In addition, Consultant will develop a mass-media outreach campaign to further promote the public awareness project and shall include television, radio, billboard, cinema advertising, bus advertising, and a newspaper insert. These advertising elements combined with high frequency messaging will enhance the public’s awareness of their role in keeping the community safe. The mass-media outreach campaign will demonstrate that PARTSWG is committed to security awareness and public safety, while being an integral community partner

TV/Cable Public Security AnnouncementsProduction TV/Cable Placement Cinema Placement Radio Public Security Announcements Production Placement Billboard Design Production Placement Bus Advertising Design Production Placement Newspaper Insert Design

 

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Production/Placement

 

 

Description             Computation       Cost 

Television Advertising Greater Philadelphia Area           Radio spot Production, KYW WIP Clear Channel Stations,  (includes SEPTA, NJT  And PATCO)  Cable TV Traffic and Weather             Internet Ads on news sites, plus SEPTA, NJT and PATCO  Home pages                                                          Print Advertising                  Newspaper (Philadelphia Inquirer, Philadelphia Daily Camden News, Courier Post , EL SOL, Local Township Dailies)      Transit King bus posters        Rail Platform posters       Interior bus, rail & light rail posters   Panel card distributed on buses, trains and light rail vehicles    Banners/signage at stations

The public is the first line of defense, and as such will be made aware of what to observe may look out of place or suspicious and who to report it to “See Something, Say Something”. The Consultant will identify a minimum of community events and civic organization meetings throughout the service area in a period of 4 months. The consultant will provide message development, media relations, PARTSWG placement, and development and distribution of PR materials. Detailed Action Plan Report The Consultant will prepare a Detailed Action Plan Report within 20 days of award with a comprehensive review of all activities described in “Deliverable and Schedule of Services”. This comprehensive plan will include all creative work for the Regional Transit Security Awareness Campaign, outreach, and education activities, along with a detailed budget for each task.

 

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NOTE: This contract will have the potential to be expanded if and when additional funds would become available to continue or expand the program being developed under this contract proposal.

 

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PROPOSAL SUBMISSION REQUIREMENTS:

A. FORMAT OF PROPOSALS:

A.1 CONTENT FORMAT:

The proposals must be limited to 20 pages, single spaced, one-sided.

They must contain a title page showing the request for proposal subject, the firm’s name; the name, address and telephone number of the contact person; and Title - Regional Transit Security Awareness Campaign This should be followed by a Table of Contents, including but not limited to the following:

1. A statement of the Vendors understanding of the scope 2. The technical proposal 3. Qualifications of the firm 4. Qualification of the individuals assigned to project 5. Minority Certification 6. GSA Schedule 7. References

a. Name of client b. Date of project and time line c. Mature of project d. Results of project

8. Cost proposal.  

Proposers must have experience in work of the same or similar nature, and must provide references that will satisfy DRPA. Proposers must furnish a reference list of at least four (4) customers for whom they have performed similar services and must provide information as specified. NOTE: ORAL PRESENTATION: An oral presentation of the proposal may be requested of any firm, at the Evaluation Committee’s discretion.

A.2 NUMBER OF COPIES:

By no later than 2:00 PM local time on Thursday, December 14, 2011, a total of eight (8) copies, plus one original, plus one Compact Disk (CD) must be received by:

 

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Howard Korsen, Manager, Contract Administration 7th Floor Delaware River Port Authority One Port Center - 2 Riverside Drive Camden, NJ 08101-1949

A.3 EVALUATION CRITERIA

As a minimum, the firms submitting proposals shall have at least ten (10) years of experience on work of a similar nature. The evaluation of proposals by the selection committee will consider factors that may include, but are not limited to:

1. Experience 2. In-house capabilities 3. Ability of professional personnel 4. Demonstrated ability to meet time and budget requirements 5. Proposed approach to the project 6. Documentation of completed projects of a similar nature,

including demonstrated results

A.4 Selection Process

A committee comprised of staff members of DRPA, SEPTA and Consultants shall review all applications against the criteria and prepare a ranking for all applicants. This ranking shall be listed in order of preference. In the event the initial ranking results in a tie, the selection committee will review the applications of the tied applicants and re-rank them. The highest rated agency shall be submitted to the CEO for consideration and approval. Following approval, a contract indicating scope of services and agreed upon fees will be forwarded to the approved agency for review and acceptance. DRPA/PATCO reserves the right to not make an award to any submitting agency.

1.00 QUESTIONS ABOUT R.F.P.

Questions about the R.F.P. should be directed via e-mail to Howard Korsen at: hmkorsen@drpa.org. The deadline for receipt of questions shall be no later than 2:00 PM local time on Friday, November 18, 2011.

1.10 MANDATORY PRE-PROPOSAL CONFERENCE:

There will be a mandatory pre-proposal conference for all perspective proposers on

 

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Tuesday, November 29, 2011 at 10:00 AM in the 11th floor Boardroom at the One Port Center, 2 Riverside Drive, Camden, New Jersey 08101 at 10:30 AM. Proposals will only be accepted from firms in attendance at this conference.

1.20 INSURANCE

Insurance requirements are those listed in Section D of the following sample agreement.

2.0 SAMPLE AGREEMENT

This AGREEMENT made this day of January, 2012, by and between the

DELAWARE RIVER PORT AUTHORITY (hereinafter referred to as the "DRPA"), a bi-state public corporate instrumentality of the Commonwealth of Pennsylvania and the State of New Jersey, and (NAME OF CONTRACTOR) (hereinafter referred to as the "CONSULTANT"):

WITNESSETH

WHEREAS, the DRPA desires a Consultant to develop a Regional Security Awareness Campaign; and

WHEREAS, CONSULTANT is capable of performing said effort;

NOW THEREFORE, the parties hereto, intending to be legally bound, have agreed as follows:

A. SCOPE OF SERVICES

DRPA on behalf of the Philadelphia Area Regional Transit Security Working Group (PARTSWG) is seeking a qualified consultant to develop a regional public awareness program that will incorporate the basics of the national “See Something, Say Something” program and include additional specific information that is unique to the Philadelphia area Transit agencies. The program is called "Regional Security Awareness Campaign”. Through the implementation of this program PARTSWG seeks to improve transit security, identify security-related barriers to transit and provide for enhanced coordination and communication with our Safety and Security partners within the community. This will be achieved through employees, first responders, routine monitoring/maintenance, and public outreach. CONSULTANT shall supply and furnish all professional, technical and other services and all labor, materials equipment and supplies necessary to accomplish, perform and carry to conclusion the Regional Security Awareness Campaign as more specifically outlined in CONSULTANT’S proposal attached hereto as Exhibit “A”.

B. TIME OF PERFORMANCE

 

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All work performed in connection with this Agreement as outlined in Paragraph A. above shall be completed and received by the DRPA no later than April 30, 2012.

C. COMPENSATION

1. As full and complete compensation for all services rendered, costs incurred,

and fees earned by CONSULTANT in performance of the effort under Section A. Scope of Services, DRPA shall pay to CONSULTANT an amount not to exceed Dollars ($XX.XX).

2. In no event shall total compensation for all services rendered, costs incurred, and fees earned by CONSULTANT in performance of effort under this Agreement exceed Dollars ($XX.XX).

3. The CONSULTANT shall submit invoices and receipts to DRPA monthly.

Said invoices shall be supported by time sheets or other documents reasonably required by the DRPA. Payments shall be made within fourteen (14) days after receipt by the DRPA of the invoices, receipts and any other documents reasonably required by DRPA. Copies of all receipts shall be sent via US Mail and email to:

Mark Lopez Delaware River Port Authority One Port Center 2 Riverside Drive P.O. Box 1949 Camden, New Jersey 08101-1949

with a copy to:

Howard Korsen, Manager, Contract Administration Delaware River Port Authority One Port Center 2 Riverside Drive P.O. Box 1949 Camden, New Jersey 08101-1949

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D. INSURANCE:

The CONSULTANT 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. Each policy shall contain the provision that there will be thirty (30) days' prior written notice given to the Authority (DRPA & PATCO) in the event of cancellation, non-renewal of or material change in the policy. Prior to commencing any services under this Contract, the CONSULTANT shall furnish the Authority with insurance certificates evidencing that the required coverage is in force. The CONSULTANT may be required at a later date and upon specific request by the Authority, to furnish certified copies of any or all insurance policies related to protection for the work under the Contract. The Authority shall not be liable for the payment of any premiums, deductibles, claims or co-insurance under the foregoing.

The insurance companies indicated in the certificates shall be authorized to do business in the Commonwealth of Pennsylvania and State of New Jersey as the location of the work indicates and shall be acceptable to the Authority. The Financial Rating and Admitted Status of Insurance Companies shall have an A.M. Best Rating of A- (Excellent) or Higher and an A.M. Best Financial Size Category of Class VII or Higher.

Neither approval by the Authority nor failure to disapprove insurance certificates furnished by the CONSULTANT shall release the CONSULTANT of full responsibility for all liability as set forth in the indemnification clause, entitled, "Save and Hold Harmless".

The minimum requirements of insurance to be carried by the CONSULTANT shall be as follows:

(1) Workers' Compensation and Employers Liability Insurance

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. An “Other States” or “All States” endorsement may satisfy this requirement.

Coverage B, Employer's Liability - Employers Liability Limits not less

than: Bodily Injury by Accident: $1,000,000 Each Accident Bodily Injury by Disease: $1,000,000 Each Employee Bodily Injury by Disease: $1,000,000 Policy Limit

(2) 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).

a) Occurrence Form with the following limits:

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(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

(5) The General Aggregate Limit must apply on a Per Location basis

(3) Commercial Automobile Insurance

Coverage to include:

a) All Owned, Hired and Non-Owned Vehicles (Any Auto)

b) Per Accident Combined Single Limit $1,000,000

(4) Commercial Umbrella Liability:

a) Occurrence Limit: $5,000,000 b)

Aggregate Limit (where applicable): $5,000,000

c) Policy to apply following form of the Commercial General Liability, Commercial Automobile Liability and Employers Liability Coverage.

(5) Professional Liability Insurance

Should the performance of any part of the work under the Contract require the rendering of professional services, the CONSULTANT, Sub-consultant providing such services shall be responsible for the maintenance of Professional Liability Insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate.

(6) Environmental Impairment Liability Insurance

Should the performance of any part of the work under the Contract require the rendering of environmental services, the CONSULTANT, Sub-consultant providing such services shall be responsible for the maintenance of Environmental Impairment Liability Insurance in an amount not less than $5,000,000 for each single occurrence to provide coverage for all necessary and reasonable costs or expenses of removing, nullifying, cleaning up, transportation or rendering ineffective, any substance which has caused environmental impairment provided, however, that notice of such an occurrence be given the DRPA within 24 hours of said occurrence. Additionally, CONSULTANT will provide the DRPA with copies of all current licenses and/or permits required by the Federal government, the State(s) or local jurisdiction(s) where the work is to be performed prior to the award contract.

(7) DRPA, (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

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CONSULTANT’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.

(8) It is agreed the CONSULTANT’S and Sub-consultant’s insurance will be not be

canceled, materially changed or non-renewed without at least thirty (30) days advance written notice to DRPA/PATCO”. An endorsement or the equivalent of, to all insurance policies, shall contain a 30 day notice of nonrenewal or cancellation except for nonpayment of premium 10 days as provided under the PA or NJ Changes Cancellation and Nonrenewal as issued by the insurance companies and such endorsement copy should be provided with the insurance certificates.

(9) Any type of insurance or any increase in limits of liability not described above which

the CONSULTANT requires for its own protection or on account of statute shall be its own responsibility and at its own expense.

(10) Waiver of Recovery/Subrogation: The CONSULTANT waives all rights of recovery

and shall cause its Insurers to waive their rights of subrogation against DRPA/PATCO, and any of their agents and employees for loss or damage covered by any of the insurance maintained by the CONSULTANT pursuant to this Agreement.

(11) 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 CONSULTANT or any of their Sub-consultants. The carrying of insurance described shall in no way be interpreted as relieving the CONSULTANT of any responsibility or liability under the contract.

(12) Materials & Supplies Stored on Premises: Should the scope of services under this

contract require the onsite storage of materials and supplies belonging to the Consultant, Contractor and any Subcontractors, the DRPA/PATCO will not be responsible for any for theft, loss, damage or disappearance of these items.

(13) Sub-Contractor's/Sub-Consultant Insurance

If any part of the work under this Contract is to be performed by a sub-consultant or sub-contractor, the CONSULTANT, shall be responsible for each sub- contractor or sub-consultant maintaining insurance as specified above where applicable in paragraph (1), (2), (3), (4), (5), (6), (7), (8), and 10.

(14) Additional Insured Provision: The insurance policies identified in paragraph (7) shall include an endorsement naming the Delaware River Port Authority (DRPA) as Additional Insured, including Environmental Impairment Liability Policy if applicable.

(15) Primary & Non-Contributory Insurance: The insurance policies identified in all

paragraphs, above shall be primary to any other coverage potentially available under this contract. Additionally, the coverage’s specified in this document will be non-contributory on the part of DRPA and as such the Authority shall not be liable for the payment of any premiums, deductibles, claims or co-insurance under the foregoing.

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(16) Certificate of Insurance shall be provided to the DRPA in accordance with contract documents. The DRPA reserves the right to require the CONSULTANT, to furnish certified copies of the original policies of all insurance required under this contract at any time upon ten (10) days prior written notice to the CONSULTANT/SUBCONSULTANT.

E. SAVE AND HOLD HARMLESS

The CONSULTANT agrees to defend, indemnify and protect and hold harmless the Authority, 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 Authority, 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 Authority, their officers, commissioners, directors, members, agents, servants and employees or which are based on strict liability. However, the CONSULTANT shall not be required to defend or indemnify the Authority, 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 Authority, their officers, commissioners, directors, members, agents, servants and employees

The defense and indemnification obligations shall arise the moment a Claim is brought against the Authority, their officers, commissioners, directors, members, agents, servants and employees or the moment the Authority receives notice of the Claim, upon timely written notice and receipt by the CONSULTANT. The obligations of the CONSULTANT shall survive the termination of this Agreement or the completion by the CONSULTANT of its obligations under this Agreement.

F. TERMINATION It is understood and agreed that the DRPA hereby reserves unto itself the right to terminate or modify this Agreement at any time, for any reason whatsoever, upon giving not less than thirty (30) days prior written notice to the CONSULTANT. In the event of the DRPA's exercising such right of termination, the DRPA shall be without further liability whatsoever to the CONSULTANT under this Agreement, except that the DRPA will reimburse CONSULTANT for services rendered and costs expended, and pay to the CONSULTANT the amount of fee earned by the CONTRACTOR to the date of said termination. In the event that the DRPA exercises its right to modify this Agreement, CONSULTANT shall have only such rights as may be stated in the Modified Agreement and shall retain no other rights. The CONSULTANT agrees that it shall not be entitled to any damages of any nature whatsoever in the event of such

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termination or modification other than the aforesaid referenced payments. G. WORK PRODUCTS

All materials, calculations, computations, specifications and drawings developed and prepared by the CONSULTANT, 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.

H. SUB-CONTRACTING, ASSIGNING OR SUB-LETTING

Prior written approval of DRPA is required for subcontracting any services covered by this Agreement other than those included in the CONSULTANT 's Proposal. 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 will perform the work. The right to qualify, accept or reject any subcontractor is reserved expressly to the DRPA.

I. RFP AMENDMENTS

An amendment to an RFP may become necessary to make changes in requirements, delivery schedules, opening dates, and the like, or to correct defective or ambiguous information. When such a change becomes necessary, it will be accomplished by issuance of an Addendum to the Solicitation documents. Such an Addendum will be sent to each prospective proposer to whom the RFP has been furnished. The Addendum will be issued in a reasonable time before the scheduled receipt of proposals to allow proposers sufficient time to consider the Addendum in their proposals. Any information given to a prospective proposer concerning Solicitation documents will be issued simultaneously to all other prospective proposers in the form of an Addendum. The Addendum will clearly state the changes made and whether or not the proposal due date is changed. The Addendum will include instructions to proposers for acknowledging receipt of the Addendum and information concerning the effect of failure to acknowledge or return the Addendum.

J. PROTEST PROCEDURES

Following the deadline for receipt of proposals, a proposer must file objections and protests based upon restrictive specifications or alleged improprieties in the solicitation with ten (10) days. Protests must be filed in writing with the DRPA General Counsel. Verbal protests will not be accepted under any circumstances.

The protest must contain the following information: 1) Name, address and telephone number of the protesting party; 2) Identification of the protested RFP; 3) Statement of the grounds for the protest and supporting documentation; and 4) Remedy sought by the protesting party. Only issues originally raised by the protesting party will be discussed throughout the protest period.

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Upon receipt of the written protest, the DRPA General Counsel shall provide copies to the DRPA Chief Executive Officer and the DRPA Chief Operating Officer. The DRPA Chief Operating Officer shall, within five (5) working days of the notification from the General Counsel, conduct an investigation into the allegations and report to the General Counsel.

Following a review of the DRPA Chief Operating Officer’s report, and any other pertinent information, within seven (7) working days after receipt of the written protest, the General Counsel shall advise the protesting party of the staff's recommended action.

In the event that the protesting party is not satisfied with the staff's recommendations, the protesting party may, within five days, file with the Secretary of the Authority a written appeal to the Chief Executive Officer, setting forth the reasons for disagreement with the Authority's response, and, if desired, requesting a personal appearance before the Chief Executive Officer or his designated representative.

The Chief Executive Officer may, at his sole discretion, consider only the record, or may grant the protesting party a further opportunity to be heard. The action of the Chief Executive Officer shall constitute an exhaustion of the remedies available to the protesting party.

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K. 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

Simultaneously with submitting any proposal or bid 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

The disclosure must list reportable contributions that were made during the four (4) years prior to the proposed date of award of the contract. Disclosure is required of contributions made by the contracting entity or by:

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).

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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.

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POLITICAL CONTRIBUTION DISCLOSURE FORM

This form or its permitted facsimile must be submitted to the Authority in a separate, sealed envelope simultaneous with the delivery of a proposal or 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

$

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PROHIBITION ON CONTRACTING WITH VENDORS WHO MAKE CERTAIN POLITICAL CONTRIBUTIONS Vendors seeking any contract with the Authority must submit a written certification, on the form provided herein, or a permitted facsimile, attesting that it has not made any political contribution that would bar the award of the contract pursuant to the requirements of DRPA-10-113, a copy of which is posted at www.drpa.org/publish/library/DRPA-10-113.pdf. This Certification should be submitted along with any bid or proposal seeking a contract with the Authority. Current contractors who seek to extend or enlarge their contracts must submit the Certification prior to execution of any such extension or enlargement of the contract. In so certifying, the vendor should review any political contribution(s) made on or after January 1, 2011. Compliance with this provision shall be guided by statutes that define reportable and therefore potentially violative contributions, which may include, as appropriate, 25 P.S. § 3241 (Pennsylvania), N.J.S.A. 19:44A-1 (New Jersey), and 2 U.S.C. § 431 (U.S. Government). However, it is the responsibility of the vendor to assess the applicability of any pertinent law or regulation and to certify accordingly. By including references to such laws, the DRPA does not intend to suggest that it is governed by these statutes but instead intends that these be used as guidance for its vendors. Any vendor that is awarded a contract shall have a continuing duty to report any contribution made during the term of the contract.

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CERTIFICATION PROHIBITION ON CONTRACTING

WITH VENDORS WHO MAKE CERTAIN POLITICAL CONTRIBUTIONS

The Proposer hereby certifies that it has not made a contribution that would bar the award of the Contract pursuant to the Prohibition on “Contracting with Vendors who Make Certain Political Contributions” Policy and shall report any contribution it makes during the term of the Contract.

Date

Signature

Company Name Title

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L. 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.

M. NONDISCRIMINATION

1. The Consultant warrants and represents that in carrying out its 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 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

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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.

N AUDIT AND INSPECTION OF RECORDS

The CONSULTANT shall permit the authorized representatives of the DRPA to inspect and audit all data and records of the CONSULTANT relating to his performance under this Agreement.

O. CONSULTANT - INDEPENDENT CONSULTANT

The CONSULTANT is an independent contractor, and under no circumstances shall it, its servants, agents or employees be or become employees of the DRPA in conduct of the work under this Agreement.

P. CONFIDENTIALITY

CONSULTANT acknowledges that it may have access to DRPA’s confidential and proprietary information. It is understood and agreed that any such information learned through the course of working for DRPA is confidential and shall not be revealed by CONSULTANT to any third party and shall only be used in the performance of work authorized by DRPA. Within thirty (30) days of the expiration or termination of this Agreement, Vendor shall return to DRPA all documents received from DRPA or PATCO.

Q. MISCELLANEOUS

1. This Agreement may not be amended except upon written consent of both parties.

2. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania.

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the

day and year first above written. ATTEST: DELAWARE RIVER PORT AUTHORITY

By:

John J. Matheussen Chief Executive Officer

ATTEST: (NAME OF CONSULTANT)

By:

Reviewed by Office of General Counsel and Approved as to Legal Form.