HomeMy WebLinkAboutR-99-0758J-99-813
9/28/99
RESOLUTION NO. J
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY
A FOUR -FIFTHS (4/5i}0) AFFIRMATIVE VOTE,
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY; WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AND APPROVING THE' PROCUREMENT OF 125 BRASS
OXYGEN REGULATORS FOR THE DEPARTMENT OF
FIRE -RESCUE FROM ALLIED HEALTH CARE
PRODUCTS, INC., IN AN AMOUNT NOT TO EXCEED
$13,250; ALLOCATING FUN DS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT
NO. 313304, ACCOUNT NO. 289401.6.850, FUNDED
BY THE FIRE ASSESSMENT.
WHEREAS, the Department of Fire -Rescue needs to replace the
aluminum regulators used with oxygen cylinders to those made of
brass; and
WHEREAS, the National Institute for Occupational Safety and
Health (NIOSH) recommended replacement of the aluminum regulators
due to incidents in which regulators burned or exploded injuring
the users; and
WHEREAS, safety, accident prevention, compliance with Food
and Drug Administration and NIOSH recommendations determined the
immediate replacement of aluminum regulators to those made of
brass; and
WHEREAS, three (3) potential providers were contacted for
informal quotes; and
WHEREAS, the City Manager made a finding that an emergency
existed and authorized the procurement of brass oxygen regulators
Cn? cOmIISsIon
MEETUIG OF
huaolution No.
1
from Allied Health Care Products, Inc., the most responsive and
responsible bid; and
WHEREAS, funds are available from Capital Improvement
i
Project No. 313304, Account No. 289401.6.850, funded by the Fire
i
Assessment;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
j Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. By a four -fifths (4/5"1B? affirmative vote,
the members of the City Commission, the City Manager's finding of
i
an emergency, waiving the requirements for competitive sealed
i bids, and approving the procurement of 125 brass oxygen
regulators for the Department of Fire -Rescue from Allied Health
Care Products, Inc., in an amount not to exceed $13,250, is
f
hereby ratified, approved and confirmed; with funds therefor
hereby allocated from Capital Improvement Project No. 313304,
2 -
a _ 7Q58
Account No. 289401.6.850, funded by the Fire Assessment.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor Y
PASSED AND ADOPTED this 12th day of October 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since th Mnvrr did not inr'ic,^"e f-r-r-"1 of
this legislation by signing it in the designated
lecornes effective with the elapse of ten0��ising'2to
MA,ding same, without the !Mayor exec
ATTEST: l! ! E- .c, �, i1v Clerk
WALTER J. FOEMAN
CITY CLERK -,oft
APPROV AS O FORM D CQ&RECTNESS
O V f4RELL 1
I ATTORNEY
V 69:RCL:hdb
'-� If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
3 -
CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable 1lla,,or and
TO:
Members of the Cite Commission
{ FROM: one 1 I 1. 4.0iursI17
M City Managcr
f
i
t
RECOMMENDATION
0C F\1-050.doc
DATE. OCT - :vay FILE
SUBJECT: Ratifi% Approve. Coilfirtn Emergency
Purchase of brass oxygen regulators;
Fire -Rescue Station Renovations
REFERENCES Commission Nlecting 10/12/99
ENCLOSURESResol ution
It is respectfully recommended the City Commission adopt the attached Resolution ratifying,
approving, and confirming the City Manager's finding of an emergency. waiving the
requirements for competitive sealed bids. and approving the emergency purchase of 125 brass
oxygen regulators from Allied Health Care Products, Inc., St. Louis. MO (Non -Local). The
total amount of the purchase is S13.250 and funding is available from CIP Project No. 313304,
Account No. 289401.6.850, funded by the Fire Assessment.
BACKGROUND
The Department of Fire -Rescue had an immediate need for the emergency purchase of 125 brass
oxygen regulators, used with oxygen cylinders. to replace aluminum regulators which the
Department was using.
I
Several incidents in which aluminum regulators exploded or burned, injuring the users, had been
published by the National Institute for Occupational Safety and Health (NIOSH). and this agency
and the Federal Drug Administration (FDA) recommended replacement of the aluminum
regulators with the brass regulator.
Allied Health Care Products. Inc.. (Allied) a manufacturer of regulators, had offered a trade-in
program in which they would replace aluminum regulators, regardless of manufacturer. with the
recommended brass type. A S93.00 credit would be applied for each aluminum regulator
exchanged for the brass re�.zulator. The total amount of the purchase would be $13 250.
Replacement cost. without this credit. would be approximately $24,875. Informal quotes were
sought from other vendors, and Allied offered the most beneficial trade-in program. Based upon
these findings and the immediate need to replace time regulators. the City Manager authorized the
emergency purchase/trade-in from Allied.
Eric.
DH W/CAG/MI,K/W WB/csk
FM.050.doc
109--78
F�
CITY OF MIAMI, FLORIDA F}C`
INTER -OFFICE MEMORANDUM -
To: Donald H. Warshaw DATE July 15. 1999 FILE FA4.039
Cite Manager
i SUBJECT Emergence Purchase of brass oxygen
regulators
i
i
FROM: C nencz. ]rector REFERENCES:
Department of FirL escue
ENCLOSURES:
The Department of Fire -Rescue respectfully requests an emergence purchase of 125 brass
oxygen regulators used with oxygen cylinders to replace aluminum regulators which the
Department is now using.
Over the past five years. the Food and Drug Administration (FDA) received 16 reports of
aluminum regulators. used with oxygen cylinders. burning or exploding. As a result of these
instances. a recent investigative report was published by the National Institute for Occupational
Safety and Health CNIOSH) in which the FDA and IvIOSH recommend replacing oxygen
regulators containing any aluminum with an all brass regulator.
This Department uses the same aluminum regulator identified in the NIOSH report. Personnel
safety, accident prevention. and compliance with the FDA, and NIOSH recommendations dictate
that these aluminum regulators be replaced with brass regulators.
Allied Health Care Products. Inc.. a manufacturer of regulators, has offered a program in which t
they will accept all aluminum regulators. regardless of manufacturer, and replace them with the
brass regulators at a trade-in price of' $93.00 each, for an estimated total amount of $13,250.
Replacement. without this trade-in credit, would cost approximately $24,875. Funding is
available from Capital Improvement Project No. 313304. Account Code No. 289401.6.850,
funded by the ire Assessment.
CAG/MLK/\NIWB/csk
i
Budget Approval:
Luie L. Brennan, Interim Budget Director bate
CIP Approval: _
Pif` en _- ut e ,1P Coordinator Date
Ap rove Disapproved
Donald H. Warshaw, City Manager Date
FM.039.doc
L
0
To Mgr's. Office and OSB 81e �~
CON .TACT REVIEW AND ANALYbiS FORM
A'ITACI-I SL?PPORTING DOCLiNIENTS
DATE: 5 August 1999
DEPARTMENT/DIVISION: Fire -Rescue C r,,
CONTACT PI RSON/CONTACT NL?•IBI R: Ass't. Chic! Bryson, 4d6-1603, Carol R)Kly,'41F-1G51
CONTRACTING ENTITY:
f�)!'/ l� d� �jt/✓
RESOLL.TTION NUil1BL.R: BID/I'RUJECI' NUAIBE:R:
(Ih APPLICABLE)
BUDGETARY` 1NFORALATION: Are t in , bucivetcd? x i'E.S ❑ NU If yes,
TOTAL DOLLAR Al\IOUN'h: 13,250 x hXPFNSF ❑ REVENUE
SOURCE OF FUNDS: CIP Project No. 3133i1 # :%CCOUNT CODF(S) 289401.6,850
If grant funded, is there a City match requirement? ❑ YES ❑ NO ANIOUNI T: N/A
Are matching funds Budgeted? ❑ YES ❑ NO Account Code(s):
TERMS OF CONTRACT':
Effective Date:
Escalating Clause, if any:
Contract Period (s):
Penalties, (if any), for termination:
Payment terms:
If grant funded, list restrictions/requirements, if applicable:
SUMMARY/DESCRIPTION OF CONTRACT OR AGREEMENT
Is this an extension? ❑ YES x NO
If YES, actual expenditures in previous contract Year S
Summary or description of contract or agreement. Emergency trade-in of 125 aluminum oxygen regulators
used with oxygen cylinders for replacement with brass oxygen regulators with a trade-in credit of $93 each,
for a total amount of $13,250. Purchase without trade-in program would total 524,875.
JUSTIFICATION FOR CONTRACT OR AGREEMEN-1
(Include why it is needed, consequences if not authorized or aPlvosed and tulle Constraints, if ans.)
A recent investigative report published be the National Institute for Occupational Safety and Health
(NIOSH) and the FDA recommended replacing the aluminum regulators with brass regulators. This, as a
result of reports disclosing a number of incidents in which aluminum regulators, used with o2 oxygen
cylinders had burned or exploded. Personnel safety and accident prevention dictate compliance with this
recommendation.
METHOD OF PURCHASE (I£ applicable)
❑ Telephone quotes ❑ Single Purchase
❑ Written quotes ❑ Short -Term Contract
❑ Negotiated Purchase ❑ Term of Contract
❑ Sole Source (include documentation) ❑ Lease (Type: )
❑ Bid Waiver (include documentation) ❑ Other
❑ Formal Bid./Proposal (include bid tabulation/proposal ranking)
PREVIOUS AWARDS OF BIDS (IF APPLICABLE)
1'rom most recent: „J) A
APPROV
APPROVAL:
DATE:
DATE:
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CITY OF MIAMI, FLORIDA.
INTER -OFFICE MEMORANDUM
VV, Brvson, Assistant Fire Chief June 14,1999
TO : - DATE FILE
TeC11311cai Serv1Ce5
SUBJECT Brass Oxygen Regulators
Justification
FROM: F. ITT. Warren, ('aptaln REFERENCES FDA & NIOSH Advisory
Safety Officer ENCLOSURES Memo dated 2/11/99
Emergency Response Division (1)
E
Over the past a years, the FDA (Food and Drug Administration) has received 16
reports of aluminum regulators used with oxygen cylinders burning or
exploding,.
Based on the investigation report conducted by NIOSH (National Institute for
Occupational Safeh• and Health), the FDA and NIOSH recommend replacing
oxygen regulators containing any aluminum with an all brass regulator.
Our department presently uses the same aluminum regulator identified in the
NIOSH report. Safety for our personnel, accident prevention, and compliance
with the FDA and NIOSH recommendations, are the overriding factors for this
replacement.
Replacement of the aluminum regulators with brass ones is imperative for the
safety of our personnel, as well as cost effective from a Risk Management
standpoint.
kV2
' FD,4 and Ar10S'H Public Health Advisory, 2/9/99
99- 78
f `
6 `
j CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM i
i
TO: William Bryson. Assistant thief DATE June 11. 1999 FILE:
Technical Services Division
SUBJECT:
Oxygen Regulator Recall and
�± Trade-in Program
FROM: REFERENCES.
Freddy Hernandez. .slstan 'hief
Support SeI-vices lvIslon ENCLOSURES:
The Support Services Division respectfully request the immediate purchase of one hundred
twenty-fiN,e (125) Oxygen Regulators at an estimated cost of $ 24,875.00.
This purchase is in response to the LSP Oxygen Regulator Recall, and is part of a trade-in
program offered by the manufacturer. The trade-in program will replace our current aluminum
regulators -with nexv all brass units.
Our department Neill be billed for each regulator ordered and receive a $ 93.00 credit for each
regulator returned, thereby reducing the total cost to an estimated $ 13,250.00.
jj{(l
INTER -OFFICE MEMORANDUM
S.E. Abraira, Assistant Fire Chief March 11, 1999 - Lt
Emergency Response Division
" Recommendation for 1
Oxygen Regulators
''c"' F. N. Warren, Captain RE`ERe"cc FDA & NIOSH Advisory
Safety Officer ENCLOSURES Memo dated 2/11/99
Emergency Response Division (1)
Based on further review and investigation:
1. 1 recommend we comply with the FDA and NIOSH Public Health Advisory, and the
NIOSH Investigative report dated 2/5/99, by replacing our aluminum oxygen
regulators (all models) with an all brass regulator.
Allied Healthcare Products, Inc., (manufacturer of Model L270-020) has forwarded a
TRADE-IN OFFER (enclosed) to replace all aluminum regulators, regardless of
manufacturer.
2. I recommend we act on this offer as soon as possible.
3. I recommend our department abide by any and all maintenance (inspection &
cleaning) to oxygen regulators, as directed by the manufacturer..
As previously recommended:
4. Our department should have an on -going training program pertaining to
oxygen safety and procedures. This training can be given during ALS and
EMT refresher training. An information packet will be forwarded to
Ch. Essex and Pam Farber.
5. The location of our cascade (refilling) system in fire stations still must be
evaluated in light of the NIOSH recommendations. The EMS section of ERD
and the Training Division should be involved with this process.
Safety to our personnel, accident prevention, and compliance to FDA and NIOSH
recommendations, are the overriding factors in these recommendations.
cc: Ch. C.A. Gimenez, Director
D.R. Wheeler, Deputy CK/Op:rations
F.K. Rollason, Deputy Ch/Adminismian
F. Hernandez, Asst. Fire Ch/Support Services
{ C.D. Marce, Ch. ERD/EMS
M.J. Essex, Ch. ERD
J. Fisher, Asst. Fier. Chfrraining and Safety
P. Farber, lCofrraining and Safety
M.L. Kemp, Asst. Chfrechnical Servicei/Safety Comm.
J. Wilson, LLSupport Services
1:1)A Public IIcal(h V1%i. � F\pIt"I"ni,.u)d I
Pau'c 1 111,4
Explosions and Fires in Aluminum Oxygen
RecTulators
FDA And NIOSH Public Health Advisory:
Explosions and Fires in Aluminum Oxygen Regulators
(You are encouraged to copy and distribute this Ad�-isory)
February 1999
To: Fire Departments Rescue Squads
Safety Directors State EMS Systems
Biomedical Engineers Hospital Administrators
Nursing Homes Home Health Care Agencies
Emergency Transportation Sen•ices Risk Managers
This notice is to advise you of hazards with oxygen regulators made of aluminum and to
provide recommendations regarding these devices.
THE PROBLEM
Over the past 5 years, FDA has received 16 reports of aluminum regulators used with oxygen
cylinders burning or exploding. These incidents caused severe burns to 11 health care workers and
patients. Many of the incidents occurred during emergency medical use or during routine equipment
checkout. FDA and The National Institute for Occupational Safety and Health (NIOSH) believe that
the aluminum in these regulators was a major factor in both the ignition and severity of the fires,
although there are likely other contributing factors. Most of the reports received by FDA were for the
Model L270 series of aluminum regulators manufactured by Life Support Products Inc. and Allied
Healthcare Products Inc. (Earlier models were known as "270" regulators.)
Allied Healthcare Products currently has 60°% of the market share of oxygen regulators for
emergency use. The manufacturer has plans to cease the distribution of all regulators containing
aluminum and solely manufacture brass regulators. In an effort to avoid potential product shortages,
Allied is instituting an interim measure wherein they will replace internal high-pressure aluminum
components with brass comporents in all models manufactured.
Because aluminum is lighter in weight than steel, it is also used in oxygen cylinders. FDA and
NIOSH believe that aluminum cylinders can be used safely with brass regulators, but that the
combination of both oxygen regulators and cylinders made from aluminum poses an increased fire
hazard. Contamination of the oxygen supply with particulate matter can also increase the risk of fire.
BACKGROUND
Most oxygen regulators are made of brass or aluminum. Aluminum and its alloys are more likely to
ignite than brass. In standard tests, aluminum can burn vigorously at pressures as low as 25 pounds
Tuesday. February 09. 1999 11:07 AM
t-
11)A !'I I I IC,iIIli \ ' . I :�pl,,:i,>n• .uid I' l'au-e 2 ol, 4
per sLluarc inch (psi i. hi IL: brass does not burn at pressures helov, 10.001) psi. Aithougli there are
rare instances ol' tires in brass oxygen regulators. then have a long history of safe use and are
helie%c-d to he safer th,un aluminum oNy,_en regulator, lior use %%ith high pressure compressed oxygen.
FDA has no reports I' lire or explosion \%ith aluminum ux%�_en re�_ulators used in lo« pressure
systems {c._., piped distribution to wall niOUnted supple taps 3t'_50 psi).
RECOMMENDATIONS
FDA is pursuing plans to work xvith manufacturers to improve the safety of oxygen regulators and
restrict the use of aluminum exposed to high-pressure oxygen in regulators. In the meantime. FDA
and NIOSH advise that the following_ precautions be taken to avoid explosions and tires from oxygen
regulators containing aluminum:
• If you are presently using high pressure oxygen regulators which contain any aluminum
exposed to high-pressure oxygen, replace them with regulators made of brass. Consult the
manufacturer if you don't know what material is used in your regulators.
• If non- luminum oxygen regulators are not available, it is recommended that you follow the
precautions as described in the addendum to this advisory to minimize the risk of fires until
brass replacement regulators become available.
REPORTING ADVERSE EVENTS TO FDA
The Safe Medical Devices Act of 1'990 requires hospitals and other user facilities to report deaths,
serious illnesses, and injuries associated with the use of medical devices. Questions about mandatory
reporting can be answered by the Division of Surveillance Systems, Reporting Systems Branch by
phone on (301) 594-2735 or FAX, (301) 827-0038 or write to FDA, CDRH, MDR User Reporting,
P.O. Box 3002, Rockville, MD 20847-3002. Written reports will go into FDA's MDR data base.
Submit voluntary reports directly to the FDA's voluntary reporting program, MedWatch; by
telephone at (800) FDA- 1088, by FAX at (800) FDA-0178, or by mail to: MedWatch, Food and
Drug Administration (HFA-2), 5600 Fishers Lane, Rockville, MD 20857-9787.
GETTING MORE INFORMATION
Send questions about this Public Health Advisory to the Issues Management Staff, Office of
Surveillance and Biometrics, HFZ-510, 1350 Piccard Drive, Rockville, Maryland, 20850, FAX (301)
594-2968, oc e-mail ssmecdrh.fda.gov or aag(acdrh.fda.gov. You may photocopy or print this
notice from the CDRH homepage at vA-"-Nv.fda.g_ov/cdrh/safetN-.html.
Future FDA Public Health Advisories, Safety Alerts, and other FDA postmarket safety notifications
can be obtained by list server subscription via e-mail. To subscribe, send an e-mail request to
fdalistnu,www.fda.gov. In the text of the message, type: subscribe dev-alert.
Sincerely yours,
D. Bruce Burlington, hI.D.
Director, Center for Devices and
Radiological Health
Tuesday, February 09, 1999
1 l :07 AM
1;)9- 7' ,8
ITEM:
i
DEPARTMENT:
1
TYPE:
REASON:
RECOMMENDATION:
RATIFICATION OF
EMERGENCY
Purchase of oxygen regulators
Fire -Rescue
Emergency Purchase
The Department of Fire -Rescue is in immediate need
of 125 brass oxygen regulators, used with oxygen
cylinders, replacing aluminum regulators that
exploded or burned users.
It is respectfully recommended that the City
Commission, ratify, approve and confirm by a
four/fifths (4/5th) affirmative vote, the City
Manager's finding of an emergency action
authorizing the purchase of 125 brass oxygen
regulators from Allied Health Care Products,
Inc. in an amount not to exceed $13,250. Funds
are allocated from CIP Project No. 3133024,
Account No. 289401.6.850.
,D ector'o urc asin
Dat