MUNICIPALITY OF NORRISTOWN REQUEST FOR PROPOSALS (RFP): MUNICIPAL TOWING SERVICES, 2018 PROPOSAL INFORMATION

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1 MUNICIPAL COUNCIL Sonya D. Sanders President Derrick D. Perry, Vice President Heather Lewis, District 2 Valerie Scott Cooper, District 3 Hakim Jones, District 4 Olivia Brady, At Large Rebecca Smith, At Large Crandall O. Jones Municipal Administrator MUNICIPALITY OF NORRISTOWN REQUEST FOR PROPOSALS (RFP): MUNICIPAL TOWING SERVICES, 2018 PROPOSAL INFORMATION Submittal Deadline: 3:00 p.m. on Friday, March 2, 2018 Submit Proposals to: Office of the Municipal Administrator Municipality of Norristown 235 East Airy Street Norristown, PA Contact for Questions: Officer Christopher Lefebvre Norristown Police Department (610) clefebvre@norristown.org

2 REQUEST FOR PROPOSALS: Municipal Towing Services for Norristown, Pennsylvania The Municipality of Norristown will accept sealed proposals for municipal towing services for Norristown, Pennsylvania, until 3:00 p.m. on Friday, March 2, 2018 at Municipal Hall, 235 E. Airy St, Norristown, PA All proposals shall be in accordance with the Request for Proposal ( RFP ) specifications which are available and can be picked up at the Office of the Municipal Administrator, 1 st Floor, Municipal Hall, and 235 E. Airy St, Norristown, PA For a copy of the RFP, please ciwanowicz@norristown.org or call Sealed envelopes containing the proposals s h o u l d be identified: Proposal - Municipal Towing Services, 2018 The envelopes should be delivered via hand-delivery service or overnight mail delivery service to the Office of the Administrator, at the address listed above, so as to arrive by the specified date and time specified above. The Municipality of Norristown will require three (3) print copies and one (1) electronic copy of the proposal. If you have any questions regarding the contents of this RFP, please contact Officer Christopher Lefebvre as noted in the Request for Proposal. Crandall O. Jones Municipal Administrator

3 REQUEST FOR PROPOSALS: Municipal Towing Services for Norristown, Pennsylvania TABLE OF CONTENTS I. GENERAL INFORMATION A. BACKGROUND B. PROJECT GOALS C. RFP SCHEDULE D. QUESTIONS E. ADDENDA II. SCOPE OF WORK... 4 A. TOWING SERVICES B. TOWING FEES C. STORAGE OF IMPOUNDED VEHICLES D. INSURANCE E. INDEMNIFICATION F. MISCELLANEOUS III. PROPOSAL ELEMENTS A. GENERAL REQUIREMENTS B. FORMAT OF TECHNICAL PROPOSAL C. FORMAT OF COST PROPOSAL IV. SELECTION PROCESS A. SELECTION DATE B. EVALUATION CRITERIA C. AWARD D. RESERVATIONS REGARDING SELECTION V. CONTRACT TERM

4 I. GENERAL INFORMATION A. BACKGROUND Norristown is a Home Rule Municipality located in Montgomery County, Pennsylvania comprising approximately 34,484 residents. The Municipality functions under a seven (7) member Council-Manager form of government and provides numerous services to its residents including, but not limited to: Building Permitting and Code Inspection, Public Safety, and Parking Enforcement, which includes the provision of municipal towing services. B. PROJECT GOALS The Municipality of Norristown is seeking sealed proposals for towing and related services. The Municipality intends to award multiple contracts to responsible towers for a three year period. Specifications for the removal, towing, impounding and disposal of illegally parked/disabled vehicles are listed below and are supplemented by the Municipality of Norristown s Towing Ordinance adopted February 1, 2005, which is available for inspection at the Office of the Municipal Administrator located at 235 East Airy Street, Norristown, PA This RFP is NOT subject to the competitive bidding process and any contract entered into as a result of any proposal will not be base on the concept of lowest responsible bidder. Furthermore, the Municipality has the right to reject any and all proposals. C. RFP SCHEDULE (subject to change) This Request for Proposal will accommodate the following tentative schedule: DATE February 2, 2018 March 2, 2018 March 2, 2018 March 5-9, 2018 March 5-9, 2018 March 20, 2018 EVENT RFP Issued and Advertised Submission Deadline (3:00 p.m.) Proposal Opening (3:30 p.m.) Review & Evaluation of Submissions Oral Presentations (as required) Proposal Award by Municipal Council D. QUESTIONS Any questions regarding this Request for Proposal should be directed to the Norristown Police Department in writing (preferably ) to: Officer Christopher Lefebvre Norristown Police Department (610) clefebvre@norristown.org All questions must be received by 2:00 p.m. on February 23, Inquiries received after 2:00 p.m. will not receive responses. No responses will be provided to telephone inquiries. 3

5 E. ADDENDA To ensure consistent interpretation of certain items, answers to questions the Municipality deems to be in the interest of all will be made available to all other Respondents. Responses to questions will not be issued in the form of an Addendum to the Request for Proposal. The Municipality of Norristown may, at our discretion and without explanation to the prospective consultant(s), at any time choose to discontinue this RFP without obligation to such prospective consultant(s). II. SCOPE OF WORK The Municipality desires to enter into an Agreement for Services with towing companies to provide towing services to include removal and impounding of illegally operated or parked vehicles within Norristown. The following scope of services shall be required of all towing companies wishing to submit a proposal and enter into an Agreement for Service: A. TOWING SERVICES 1. The Contractor shall have his/her principle place of business and towing vehicles and equipment to be used within 5 miles of the boundaries of the Municipality of Norristown. 2. Request and authorization for the towing of vehicles from Municipal streets shall be made only by the Norristown Chief of Police or his authorized representative and any requests made by any other person or persons shall not be honored. 3. In emergency situations, at the sole discretion of the police officer or other emergency response personnel, the Municipality may elect to call out a tower(s) outside the normal rotation or others not under contract when, in the opinion of the Municipality, the requirements of the job necessitate special equipment or capabilities not possessed by every tower or whenever the contracted tower(s) cannot provide a response that meets the immediate needs of the municipality. In these situations the tower called out to the job shall be responsible for all phases of the operation, including towing and storage. 4. The removal and towing service shall be provided on a 24-hour per day, seven days per week basis, with a fifteen (15) minute response time and in accordance with the Municipality of Norristown Towing Ordinance. Failure to respond in the aforementioned time period will result in the calling of an alternate tower and shall be a Contractor default of the Agreement for Services. The Contractor shall provide the Norristown Police Department with a single telephone number to be used to request service. 5. The Contractor shall be responsible for having properly licensed and operable towing equipment both available and capable of removing from the Municipal Streets, or other areas requested by police any type of vehicle, in any condition, and transporting same to the place of impoundment without placing in jeopardy the towed vehicle and/or persons, 4

6 vehicles, objects and property encountered along the route and in accordance with the Municipality of Norristown Towing Ordinance. 6. The Contractor shall comply with all Federal, State and Local laws, ordinances and regulations pertaining to the towing, impoundment and disposal of vehicles. 7. The Contractor shall supply written reports in a format defined by the police, on a monthly basis, to include at a minimum the following information related to vehicles towed at the direction of the police department: a. Date of tow, time of tow, driver name, location of pick up. b. Make/model/color of vehicle, registration, VIN, owner name. c. Storage location, days in storage. d. Towing fee, administrative fee, additional fee, boot fee. 8. All official vehicles of the Municipality of Norristown and other vehicles deemed to be of evidentiary value shall be towed, and stored, if necessary, at no cost to the Municipality, and or the victim/owner and in accordance with the Municipality of Norristown Towing Ordinance. B. TOWING FEES 1. The Contractor shall be responsible to collect and remit to the Municipality all fees, with the exception of the boot fee. Fees due to the Municipality must be paid by the end of the 15th calendar day after the date of an invoice from the municipality for all tows conducted by the Contractor during the previous month. 2. The costs of towing, adopted by Resolution of Municipal Council, shall apply to the Contractor and may be adjusted by Resolution of Municipal Council at its discretion. The towing rates must be prominently posted at the Contractor s place of business. These are the fees that will be proposed to Council and are subject to their approval of the fee resolution: Gross Vehicle Weight Towing Fee Rate Daily Storage Class 1 - Light Duty less than 5000 lbs. $ $50.00 Class 2 - Light Duty 5,001 10,000lbs $ $50.00 Class 3 - Medium Duty- 10,001 26,000 lbs. $ $50.00 Class 4 - Medium Duty 26,001 60,000 lbs. $ $50.00 Class 5 - Heavy Duty 60,000 80,000 lbs. $ $50.00 Daily Storage charges are accrued on a 24-hour basis from the time of the tow. 5

7 Additional charges to be added to the basic towing fee: a. Hourly rate after first half hour: $40.00 (The first half hour is actual time the tower spends hooking up the vehicles.) b. Hourly rate for extra staff or second truck $40.00 c. When recovery work is required, (Examples are: vehicles overturned, down an embankment, off the roadway, on top of guardrails or curbs, in parking spots between cars with limited access and no keys, stuck on top of or stuck together with another vehicle), where additional services/labor, over and above a standard tow job are performed, charges for this recovery work may be invoiced over and above the standard towing charge as long as they are usual and customary in the towing industry both in our geographic region and nationwide by towing companies performing specialty police work. It will be the responsibility of the tower to justify these charges if challenged. If the municipality deems the charges to be excessive (in the sole discretion of the municipality), the tower will agree to adjust their invoice to an amount agreeable to the municipality. d. Administrative Fee Reimbursement to the Municipality of Norristown at the time of release to the public and/or when a vehicle is officially salvaged, which shall be credited to the Municipality of Norristown s General Fund. $ e. Night Towing. An additional administrative fee of $15.00 shall be charged for all towing between 6:00 PM & 6:00 AM, which will be retained by the tower. f. Booting. If the vehicle is towed with a boot affixed, a $100 additional charge shall be added. Other Charges Lockouts: $35.00 Jump Starts: $35.00 Tire Changes: $ The Contractor shall accept credit cards or cash as a method of payment by authorized persons seeking to recover a towed vehicle. C. STORAGE OF IMPOUNDED VEHICLES 1. All qualified bidders must have storage facilities conforming to zoning provisions of the Municipality in which they exist, within 5.0 miles of the corporate limits of the Municipality of Norristown and in accordance with the Municipality of Norristown Towing Ordinance. The place of impoundment shall be large enough to accommodate any and all vehicles placed therein without that the doors of a vehicle may be opened without striking an adjacent vehicle and there is no contact between vehicles placed in 6

8 line with each other and in accordance with the Municipality of Norristown Towing Ordinance. 2. The place of impoundment for towed vehicles shall be enclosed and secured adequately to prevent vandalism to the vehicles impounded and in accordance with the Municipality of Norristown Towing Ordinance. The area shall be secured with a locked gate and surrounded by a fence that is at least six (6) feet in height. This area shall comply with all related Municipality ordinances for the storage of vehicles, and shall be open for inspection by Municipality officials and for the pick-up of vehicles by owners provided they meet the conditions hereof. Authorized person (s) seeking to recover a towed vehicle shall have proper identification and Police Department Towing Release and shall be permitted to remove their vehicles upon payment of proper charges in accordance with the Towing Fee Schedule either by cash or credit card between 8:00 am and 8:00 pm on a seven (7) day a week basis. The daily storage fee shall be assessed on a twentyfour (24) hour basis that commences at the time of the tow. The Police Department shall have access to any towed vehicle on a twenty-four (24) hour basis. If a towed vehicle is not released under the above-stated conditions, the Contractor shall be in default under this Agreement. Owners of vehicles, upon presentation of proper identification to the Contractor, shall be allowed to retrieve their owner s card and insurance information from the stored vehicle. 3. The Contractor shall provide the police department, upon request, with a large storage area for vehicles stored for evidentiary purposes. This storage area, once used for police storage, shall be protected from adverse weather and shall be under the sole control and accessible only by the Norristown Police Department. 4. The Contractors shall maintain an office at the place of impoundment staffed by at least one person competent to return a towed vehicle to its proper owner or agent thereof. The office shall be open and staffed during such hours that the vehicles may be retrieved by their owners without undue inconvenience and in accordance with the Municipality of Norristown Towing Ordinance. 5. The hours of business shall be posted at the principal entrance to the place of impoundment in letters and numbers sufficiently large to be seen and read without difficulty by a person with normal vision; this must also be in accordance with the Municipality of Norristown Towing Ordinance. 6. The Contractor shall notify the police department in writing (via ), immediately, of any vehicle impounded for five days from the day of the tow. 7. In addition to the removal of vehicles, the Contractor shall clean up at the scene of any accident, removing hazardous substances, broken glass, metal and other debris as required by the officer of the Police Department in charge of the accident scene. Proper equipment for such cleanups, including oil drying chemical, brooms and shovels, shall be carried on all of the Contractor s responding Towing Vehicles. 7

9 8. Unclaimed vehicles, for which the Contractor has filed a PennDOT form 952, and which have an estimated value of $1,001 or more shall be stored at the Contractor s principle facility within five miles of the Municipal Boundary. Unclaimed vehicles valued at $1,000 or less may, at the discretion of the Contractor, be stored at a remote facility, provided (1) the facility is approved by the Municipality for storage; (2) the Municipality receives prior notification that a vehicle will be relocated; and (3) that should the vehicle need to be returned to the principle storage facility for any reason, the Contractor shall bear all associated costs of relocation. D. INSURANCE 1. The Contractor shall be responsible for the care and protection of all vehicles and their contents when towing or storing vehicles for the Municipality, and shall be required to procure and maintain proper insurance coverage. The Contractor shall supply two (2) copies of current certificates of insurance from companies licensed to do business in the Commonwealth of Pennsylvania, having an AM Best Rating of A-VI or better, and acceptable to the Municipality as follows: a. Workers compensation insurance for its employees in accordance with statutory requirements of the Commonwealth, and Employers Liability with limits of $100,000/$500,000/$100,000. A waiver of subrogation shall be provided in favor of the Municipality, with respect to this coverage. b. Commercial General or public liability insurance covering the Contractor, its subcontractors and the Municipality as additional insured for injury or damage caused directly or indirectly by it or its employees for the following limits: Bodily injury-each person $1,000,000 Bodily injury-each occurrence $1,000,000 Property damage-each occurrence $1,000,000 Garage keeper s legal liability (all risk Coverage-each occurrence) $500,000 Annual Aggregate $2,000,000 c. Vehicles-Liability insurance for all vehicles with the following limits. Bodily injury-each person $1,000,000 Bodily injury-each occurrence $1,000,000 Property damage-each occurrence $1,000,000 or Combined Single Limit $1,000,000 d. Umbrella or Excess Liability insurance with minimum limits of $1,000,000 per occurrence and aggregate over the Automobile, General, and Employers Liability. 2. The Municipality shall be named as an additional insured on such policies with a waiver of subrogation. Thirty (30) days notice of cancellation of any such policies shall be provided to the Municipality. 8

10 3. A subcontractor retained by the Contractor to provide services shall be required to maintain the insurance coverage required of the Contractor and shall provide evidence of insurance acceptable to the Municipality prior to commencing work hereunder. 4. If the Contractor receives notice of cancellation or non-renewal of any or all the coverages set forth above, the Contractor shall notify the Municipality of such cancellation or non-renewal within two (2) working days of such receipt. The Contractor shall cease all work until coverage acceptable to the Municipality is obtained by the Contractor. E. INDEMNIFICATION The Contractor and his surety shall indemnify and save harmless the Municipality of Norristown and all its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any claims of injury or damage received or sustained by any person(s) or property on account of any negligence or fault of the Contractor, his agents or employees in the execution of the contract. F. MISCELLANEOUS 1. The towing contractor shall maintain his business premises in such a fashion so as not to violate any applicable Municipal codes and ordinances. 2. The towing contractor and his or her employees performing work on behalf of the Municipality shall not have been convicted of a misdemeanor of the 1st degree or greater prior to and during the term of this contract as described by the Municipality of Norristown Towing Ordinance. 3. If there is a conflict between the aforesaid scope of services and the Municipality of Norristown Towing Ordinance the provisions of Ordinance shall control. The Contractor shall pay to the Municipality an annual license fee established from time to time by Resolution of the Municipal Council. 4. The Contractor shall not charge a fee for the towing or storage of any vehicle owned or leased by the Municipality or against any owner/victim whose vehicle was towed at the request of the police department for investigatory purposes, nor against any other law enforcement agency who receives a vehicle out of storage for their investigatory purposes. 5. The Contractor shall acquire and maintain communications in a way that is acceptable to the Municipality. 6. The Contractor shall not give advice in any manner regarding any person, company or entity that performs vehicle repairs regarding vehicles towed by the Contractor. 7. If a vehicle owner or lessee or other authorized representative of the owner or lessee requests the vehicle to be towed to another location, the Contractor shall advise the 9

11 customer in advance of any charges in addition to the Towing Fee Schedule. 8. If the Contractor is called by the Police Department to perform any other service(s), the Contractor agrees to charge only the amount designated in the Towing Fee Schedule for that (those) specific service(s). 9. As required by subsection 7301 of the Pennsylvania Vehicle Code, the Contractor shall comply with the requirements of that chapter, possess a salvor s certificate of authorization and be capable of performing the duties of a salvor in a manner consistent with the public interest. The Contractor shall file a copy of its/their salvor s license with the Police Department. 10. All complaints against the Contractor will be investigated and recorded. Any one or more violations may result in a Contractor default and/or termination, within the sole discretion of the Municipality. 11. The Contractor shall pay workmen employed in the performance of this Agreement not less than the prevailing minimum wage rate as determined for various crafts or classifications by applicable federal and state government agencies. III. PROPOSAL ELEMENTS A. GENERAL REQUIREMENTS 1. Proposal Submission: Three (3) print and one (1) electronic copy of the Proposal shall be received in a sealed envelope and must be prominently marked on the outside PROPOSAL MUNICPAL TOWING SERVICES, 2018 a. Sealed proposals must be submitted no later than 3 PM on March 2 to: Office of the Municipal Administrator Municipality of Norristown 235 E. Airy Street Norristown, PA b. Proposals must be mailed or hand delivered. No faxed or ed proposals will be accepted. Late proposals will not be accepted. 2. Preparation costs: The Municipality will not be responsible for any costs associated with the preparation, submission or presentation of any proposal. 3. Minority Proposer: The Municipality of Norristown encourages all qualified businesses including minority-owned and women-owned business to respond to all Invitations to Requests for Proposals. 4. All submitted proposals will be the property of the Municipality of Norristown. 5. Open Records Law/Public Information: Under the Pennsylvania Right-to-Know (the Law ), 65 P.S., , eq. seq., as amended, and other applicable laws, a record in the position of the Municipality is presumed to be a public record subject 10

12 to disclosure to any legal resident of the United States upon request, unless protected by a statutory exception. 6. This RFP shall not, without the Municipality s prior written consent, be disclosed to any Proposer, in any manner whatsoever, in whole or in part, or used for any purpose other than the submission of Proposals to the Municipality. B. FORMAT OF TECHNICAL PROPOSAL 1. Title Page, Cover Letter, & Table of Contents: a. Title Page should show the RFP subject; the institution s name; Contact name, title, office address, telephone number and address; and the date of the proposal; b. Include a cover letter specifically stating the firm s ability and willingness to perform the services described in this RFP and signed by the person(s) identified as your company s contact; and c. Table of Contents should identify matters submitted by section and page number. 2. Contact Information: a. The lead firm or individual name; b. The lead firm s contact person; c. License or certification information of lead firm principal or individuals working with the Municipality; d. Telephone, fax, and wireless numbers for firm principals or individuals working with the Municipality; e. address for firm principals or individuals working with the Municipality; f. The street address of lead firm or individual; g. The year the firm or individual practice established; h. The MBE/WBE status of the firms; i. The type of work or specialty and size of firm; and j. The signature of the lead individual, and the date of the signature. 3. Experience, Structure, and Personnel: a. A history of the firm s experience and qualifications to perform the work described here with special emphasis on qualifications related to those portions of the work where you feel that your firm may have special competence. Please identify projects that are deemed to be relevant to this project with special emphasis given to Pennsylvania based clients. Qualified towers must have been in business for at least three years under the same ownership. b. A description of the firm s organizational structure, including resumes of the principals, project manager(s) and professional staff who would work directly with the Municipality. c. Any other information that you believe would make the firm s work on behalf of Municipality superior to that of other firms or information about your firm s specialty or particular skill to perform a specific requested service. 4. Methodological Approach a. A description of the firm s understanding of the Municipality s desired services and how the firm intends to address the anticipated scope of services set forth in Section III of this RFP. 11

13 5. Conflict of Interest Statement: a. All proposals must include statement from the firm s indicating that no one associated with the firm has no relationship with any elected official of the Municipality, appointed official or any member of Municipal staff that would create a conflict of interest. NOTE: NO FEES AND/OR PRICING OF THE RFP SHOULD BE INCLUDED IN THE TECHICAL PROPOSAL. C. FORMAT OF COST PROPOSAL The sealed cost proposal shall contain detailed pricing information relative to the work as described for each section of the RFP. Please include: 1. Cost Models with unlimited users; models may be modular, with additional models capable of being added at a later date as needed; 2. Total estimated firm fee for completion of the project and/or services identified in this RFP and whether the firm would be willing to agree to a cap for hosting services; 3. The normal hourly rate of each principal and staff member whose resume is provided or whose job category may be required, and the rate used in the proposal; 4. A list of anticipated reimbursable expenses and the rate charged for each; 5. Any reduced fees offered to other municipalities, government entities, economic development or nonprofit organizations, and civic organizations; 6. Any other fees or charges; 7. A copy of your organization s fee schedule applicable to the services specific to this RFP, identifying whether costs are per transaction, monthly, etc. Pricing will be reviewed based on reasonableness for services being provided, competitive market rates, and fee structure. The Municipality is not obligated to select the Organization with the lowest fee proposal to perform these professional services. IV. SELECTION PROCESS A. SELECTION DATE Selection of the firm(s) to provide managed service and conduct the project will be based on timely written proposals. Oral interviews may be conducted by telephone and in person to assist the Municipality in the selection process. It is anticipated that the selection will be made on or before the end of March 2018 with commencement of the contract(s) anticipated by the end of March B. EVALUATION CRITERIA 1. Any award to be made pursuant to this RFP will be based upon the proposal, with appropriate consideration given to operational, technical, cost and management requirements. Evaluation of offers will be based upon the Vendors responsiveness to the RFP, ability of the vendor to meet the needs of the Municipality of Norristown and the total price quoted for the items covered in the RFP. 2. The following elements will be the primary consideration in evaluating all submitted proposals in the selection of a consultant(s): 12

14 Clarity and completeness of the proposal and the apparent understanding of the work to be performed; General qualifications, experience and expertise of the Proposer; Soundness of the methods and approach to the work; Information derived from reference checks and review of other documents completed by the Proposer; Overall cost of the Firm s proposal; and Results of a physical site inspection of the contractor s storage area by municipal officials (i.e. capacity and condition of the site). C. AWARD Award of a Contract shall be made at a public meeting of Council. The successful Contractor(s) shall, within twenty (20) days after the award: 1. Furnish proof of compliance with Federal, State and Local regulations with respect to licenses, permits, certificates, etc. Provide required licenses, permits and/or other documents and shall furnish proof of same. This shall include proof that a current business license, salvers license and driver s license for the operator of business vehicles. All licenses shall additionally be in compliance with the Municipality of Norristown Towing Ordinance. 2. Furnish proof of compliance with the required insurance provisions. 3. Failure of the Contractor to provide the above items 1-2 within 20 days of award shall result in disqualification. 4. The provision of towing services within the Municipality shall not be on an exclusive basis. The Municipality reserves the right to execute towing agreements with multiple Contractors. The services to be performed by the Contractor under this Agreement shall be on a monthly, bi-monthly, quarterly or other basis as determined within the sole discretion of the Police Department. The Police Department shall establish a schedule on a rotating basis and provide each Contractor with a copy thereof. 5. The Agreement shall continue in force for a period of 36 months from the date of execution of the Agreement for Service, unless terminated or adjusted by the Municipality or Contractor. All defaults shall be governed by paragraph (H) of the Municipality of Norristown Towing Ordinance. 6. The Agreement may be terminated at any time and by either party to the contract upon the furnishing of a sixty (60) day written notice for violations of the contract and in accordance with the Municipality of Norristown Towing Ordinance. 7. Final terms of any Agreement between the Municipality of Norristown and the Contractor will be determined by direct negotiation and all agreements are subject to the approval of the Municipal Council. The Municipality may suspend or terminate negotiations at any time that it determines additional negotiations would be unproductive. 13

15 D. RESERVATIONS REGARDING SELECTION The Municipality reserves the right to do any or all of the following: 1. Conduct interviews with some or all of the Respondents. 2. Reject any or all Proposals. 3. Waive any informality or irregularity in a Proposal. 4. Hold all Proposals for a period of thirty (30) days after the date fixed for the opening thereof. 5. Enter into good faith negotiations with the Respondents to modify service or project descriptions to a greater or lesser magnitude than described in this RFP or any Proposal. 6. Accept the Proposal that the Municipality deems at its sole discretion, to be the most favorable in the best interest of the Municipality. 7. Enter into good faith negotiations with the selected Respondents regarding the pricing set forth in the Proposal prior to entering into an agreement. If the agreement s negotiations cannot be concluded successfully with the first selected Respondent, the Municipality may negotiate an Agreement with the second selected Respondent. 8. Re-advertise this RFP for new Proposals as may be deemed necessary at the sole discretion of the Municipality. V. CONTRACT TERM The provision of towing services within the Municipality shall not be on an exclusive basis. The Municipality reserves the right to execute towing agreements with multiple Contractors. The services to be performed by the Contractor under this Agreement shall be on a monthly, bi-monthly, quarterly or other basis as determined within the sole discretion of the Police Department. The Police Department shall establish a schedule on a rotating basis and provide each Contractor with a copy thereof. The Agreement shall continue in force for a period of 36 months from the date of execution of the Agreement for Service, unless terminated or adjusted by the Municipality or Contractor. All defaults shall be governed by paragraph (H) of the Municipality of Norristown Towing Ordinance. The Agreement may be terminated at any time and by either party to the contract upon the furnishing of a sixty (60) day written notice for violations of the contract and in accordance with the Municipality of Norristown Towing Ordinance. Final terms of any Agreement between the Municipality of Norristown and the Contractor will be determined by direct negotiation and all agreements are subject to the approval of the Municipal Council. The Municipality may suspend or terminate negotiations at any time that it determines additional negotiations would be unproductive. 14