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129-94 Ordinance "-~...__."_."'~.~"_._.,". , . .- r' ,,---- RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. ---l2-~94---n-- P assedm_m ___._ .m_mnm_m__m _n______ ____19 n____n AN ORDINANCE AUTHORIZING THE PURCHASE OF RESPIRATORY PROTECTION EQUIPMENT, WITHOUT FORMAL ADVERTISING AND COMPETITIVE BIDDING, AND DECLARING AN EMERGENCY Whereas, it is the desire of the City of Dublin to comply with all federal Occupational Safety and Health regulations which have been adopted by the Ohio Public Employee Risk Reduction Advisory Commission and which will be enforced by the Ohio Department of Industrial Relations, Division of Occupational Safety and Health beginning January 1, 1995; and Whereas, in anticipation of these regulations becoming effective, certain operations of the sewer inspection program which require the use of current respiratory protection equipment have been temporarily suspended; and Whereas, in order for full compliance to be achieved as soon as possible, new respiratory protection equipment must be purchased by the City; and Whereas, the amount of this purchase exceeds the $10,000 limit which would require the City to comply with formal competitive bidding procedures; and Whereas, Section 8.02(B) of the Dublin Charter enables Council, by ordinance or resolution adopted by a vote of at least two-thirds of its members, to authorize, without advertising and competitive bidding, contracts or expenditures for any purpose where the statutory or common law of Ohio does not require competitive bidding; and Whereas, Section 735.051 of the Ohio Revised Code enables the legislative authority of ...... a city to authorize, by a two-thirds vote of its members elected thereto, the City Manager, or other duly authorized contracting authority, to enter into a purchasing contract without formal bidding and advertising, when a real and present emergency arises in connection with the operation of any department, division, commission, bureau, or board of the municipality. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 7 of the elected members concurring: Section 1. That, pursuant to Section 8.02 of the Dublin Charter and Section 735.051 of the Ohio Revised Code, the purchase of respirator equipment in the amount of$16,383.80, without formal advertising and competitive bidding, is hereby authorized. Section 2. That this Ordinance be, and hereby is, declared to be an emergency measure necessary for the preservation of the public health, safety, and welfare, and, therefore, this Ordinance shall take effect and be in force immediately upon its passage. Passed this I.itJ.day of lJet.ot\lr~" 1994. r I \..... Ma~g Oflirer ATfEST: ~(1~ f hereby certify that copies of 'his Ord. City of Dublin in GUordonce wit\ Serti "ta;e~ere POsted in Clerk of Council ~ ... 31.25 of tlIo 0Ili. leYlsed Cod (;~ Clerk of Cound', Dublin, Ohi. _"""'"''''~'''''''''''''''''"''~'_'~',,,,.,.,,,,,,._.~''f'''''''''''',,",'''''"_.'''-'~''''''.,~"..._",,~..~., ~"-~""..'~.~'~~=="~""'='-'--"'" ._,~ "",",'..-, (jiil_fl-',"' ~-- -r-_:.' Ill.: '-;!iIl,' '~ ;j:::L:,;";$'i;l~,'~ - MEMORANDUM TO: All Members of Dublin City Council FROM: Timothy C. Hansley, City Manager INITIATED BY: Dana McDaniel, Assistant Director of Service Michelle Crandall, Management Assistant DATE: December 14, 1994 ,(ff-<;f."" SUBJECT: Respiratory Protection Compliance "Staff recommends Council adopt Ordinance No. 129-94 as an emergency. This Ordinance waives formal advertising and competitive bidding for the purpose of acquiring respiratory protection equipment which will comply with all federal safety standards. Costs are estimated to be $16,383.00. Price estimates are attached. Ordinance No. 126- 94 is also attached. As you may be aware, State of Ohio House Bill 308 requires that Ohio's local governments comply with all Federal Occupational Safety & Health Administration (OSHA) rules and regulations effective January 1, 1995. Such OSHA requirements will be monitored and regulated by the Ohio Public Employee Risk Reduction Advisory Commission and enforced by the Ohio Department of Industrial Relations. In anticipation of this requirement, City staff has been working towards compliance in the following manner: 1. Invited Industrial Relations representatives to inspect and evaluate City-owned facilities and operations to advise on potential shortfalls. This effort began in 1993 and has continued in 1994. Recommended modifications and operational adjustments have been incrementally implemtented as concerns have been identified. 2. Training efforts of supervisors and employees have been escalated in the area of HB 308 awareness and compliance over the past 18 months to two years. Recently, in an attempt to take advantage of training opportunities (time), the Division of Maintenance and certain employees from the Division of Parks & Recreation participated in on-site respiratory protection training. As a result of the training process, outside trainers evaluated the City's current respiratory protection equipment and advised us that -, our current respiratory protection equipment will not be in compliance with the new OSHA standards which will be in effect as of January 1, 1995. As a result of this advice, certain operations requiring confined space entry have been administratively suspended, pending the upgrade of equipment. Staff has identified and evaluated several respiratory protection products and has determined that the Mine Safety Appliances Company manufactures the most suitable masks and associated equipment for our needs. MSA is the most advanced systems on the market offering the best fit and flexibility. In addition, MSA is the mask of choice for (over) ... ~--~I- - most local fire departments, most specifically Washington Township Fire. Purchase of this equipment will ensure compatibility during emergency response and for maintenance of the equipment. I wish to advise Council that a formalized respiratory protection program will require yearly fit testing, physical fitness evaluation and maintenance of equipment to ensure suitability and proper performance. Thank you. """" --. ..... ".~~,~- . '''''~1iI' ",---q , "1'lIPllll~ J - - . Respirator Equipment - Division of Maintenance Price Estimates Catalog # Page Item Description Quantity Price Price (Each) (Total) 496896 59 PremAire Supplied-Air Respirator 10 1,110.00 11,100.00 ... .... System with 5 min. escape & case * 455022 80 PortAire Portable Air-Supply System * 1 1,325.00 1,325.00 \" - 801284 80 60 min. Composite High-Pressure 2 965.00 1,930.00 Cylinder * 455022 83 50 ft. Neoprene Air-Supply Hose * 6 121.00 726.00 807053 80 Quick-Fill Kit * 1 382.00 382.00 55716 82 Foster Steel(S) Plug, 1/4-inch NPT Female 6 3.10 18.60 Thread 467044 82 Foster Steel(S) Socket Assembly, 3/4-inch-16 6 21.75 130.50 NF Thread 801452 94 Ultravue Pressure-demand Facepiece - 2 183.00 366.00 Hycar (Large) 801456 94 Ultravue Pressure-demand Facepiece - 1 194.70 194.70 Silicone (Small) 801454 94 Ultravue Pressure-demand Facepiece - 2 194.70 389.40 Silicone (Medium) ~ ~01458 94 Ultravue Pressure-demand Facepiece - 4 194.70 778.80 Silicone (Large) "III.,",,,,, 471711 & 94 Nosecup for Ultravue 10 25.65 256.50 471712 456975 50 Clear Cover Lens (pkg of 25) 4 27.55 110.20 34337 51 Cleaner-Sanitizer IT Powder (12-2 ounce pkg) 10 18.75 187.50 454819 50 Ultravue Facepiece Spectacle Kit 1 34.90 34.90 total $17,930.10 discount On Select Items (marked *) 1,546.30 (10%) TOTAL $16,383.80 ,....,