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6.C. - Page 2 of 13 ANALYSIS The Fire Department would like to enter into a five-year agreement with L.N. Curtis and Sons for the purchase of supplies and miscellaneous services. The Department did not issue a Notice Inviting Bids for this project. Fire Administration surveyed surrounding Fire Agencies on their purchasing protocols. All use L. N. Curtis & Sons but the purchasing authority varies considerably. • Fremont — Has an annual purchase order in the amount of $99,000 which did not require quotes or bids because it is for miscellaneous items. Larger items such as turnouts are required to go through a bidding process. Large items such as personal protective equipment replacement and fire hose are not included in the $99,000 purchase order. • Palo Alto — Established a three-year sole source contract with Curtis & Sons • San Jose—Conducted a Request For Proposal (RFP) process and is in a contract with Curtis & Sons • National Purchasing Agreement - An RFP was put out by the Public Procurement Authority, and is being used by the following Fire Departments: o Alameda County o Livermore Pleasanton o Mountain View o Oakland o Sacramento o San Mateo County The Department and the City Manager determined the most efficient option for the purchase of goods and equipment provided by Curtis & Sons was to enter into a sole source contract. When buying equipment, the City follows purchasing provisions found in Chapter 2, Article VII of the Redwood City Code ("Purchasing Ordinance"). The Purchasing Ordinance requires competitive bidding for the purchase of goods to ensure that the City gets the best possible price for its purchases. However, the Purchasing Ordinance does allow for alternative purchasing procedures when warranted. Further, alternative procedures may be acceptable even when there is no alternative to competitive bidding when competitive bidding would be unavailing or would not produce and advantage, and would thwart the underlying purpose of having a competitive bid procedure. (See Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631.) Under Redwood City Code Section 2.76, the requirements of the Purchasing Ordinance may be suspended by motion of the City Council in any case where the City Council finds that strict compliance with the Purchasing Ordinance would not serve the public interest. The motion shall be carried only upon the affirmative votes of at least five members of the City Council. Curtis and Sons is the only vendor on the San Francisco Peninsula that can meet the needs of the various City departments that regularly purchase goods and miscellaneous services from the company. The City needs to be able to continue to purchase goods and miscellaneous services from Curtis and Sons in order to ensure that normal City operations are not interrupted due a lack of supplies. In this instance, strict Page 2 of 4 City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.ore