S-1094 - 12/14/2004 - PERSONAL PROPERTY - Ordinances Supporting Documents•
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AGENDA ITEM
Regular Board of Trustees Meeting
of
December 14, 2004
SUBJECT: Surplus Property
FROM: Rania Serences, Purchasing Clerk
BUDGET SOURCE /BUDGET IMPACT: N/A
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RECOMMENDED MOTION: I move that the Village Board adopt the attached ordinance
authorizing the sale of a 1978 Hendrickson/Emergency One Pumper, and approve the
attached agreement with B &P Apparatus to broker the Pumper.
Background /History:
On August 26, 2004, the Fire Department took delivery of a new fire pumper, a 2004 E -One
Cyclone II. This new apparatus replaced our 1978 Hendrickson/Emergency One Pumper that
has served us well for over 26 years.
The attached ordinance declares the 1978 Hendrickson/Emergency Pumper as surplus and
authorizes its sale by entering into an agreement with B &P Apparatus. B &P Apparatus has sold
a Fire Squad and two Fire Engines for the Village in the past at prices better than trade -in.
The pumper was appraised for approximately $18,000. The minimum selling price is set for
$1400. The agreement with B &P Apparatus sets the commission at 10% after the sale of the
Pumper, which is payable only if the pumper is sold.
Recommendation:
Staff recommends that the Village Board adopt the attached ordinance authorizing the sale of a
1978 and approve the attached agreement with B &P Apparatus to broker the Pumper.
Hendrickson/Emergency One Pumper, and approve the attached agreement with B &P Apparatus
to broker the Pumper.
Last saved by rserence C \Documents and Settings\rkane \Local Settings \Temporary Internet Files \OLK9\2004 Fire Pumper doc
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2. ABSENT: None.
President Quinlan announced that Agenda Item 5. E. 1) Part-time Reference Librarian is
stricken from the agenda item as that person is no longer available for that position.
3. RESIDENT /VISITOR COMMENT:
A. Oath of Office - Edward Nielsen, Board of Fire and Police Commissioners
President Quinlan informed the public that Agenda Item 3. A. Swearing in Ceremony of
Edward Nielsen to the Board of Fire and Police Commissioners will not occur. Mr.
Nielsen was not able to attend the Board meeting but he has accepted the proposed
appointment and the official oath ceremony will occur at the next Village Board meeting
in January.
Dr. Francis Gaik addressed the Board of Trustees of the Village's , Ethnic Ordinance G-
748-5-11 -2004. She explained that she has written and published articles on the ethics of
re- engineering. The State of Illinois at the end of 2003 passed the Ethics Act whereby it
is mandatory that all Village, Libraries and public facilities pass their ordinance model.
Attorney General Lisa Madigan's model ordinance was distributed to the Board members
by Dr. Gaik as well as a guide to the implementation of the model ethics ordinance. She
indicated that on May 11, 2004 the Village adopted such an ordinance but she stated it
had minimal requirements that only met the State's standards. She recommended with
some of the controversies before the Board at this time, that it would be beneficial for the
Board to further review this ordinance and correct it. DuPage County has addressed this
issue with their new ordinance. She suggested that the ordinance require subpoena power
and an action plan for the appointment of an advisor and commission.
President Quinlan requested that the Village Manager and Village Attorney review
DuPage County's ordinance and other surrounding communities.
B. Prairie State Games - Maureen Moore
President Quinlan noted that Ms. Moore was not able to attend the meeting at this time.
President Quinlan announced that Trustee Konn has asked for a few moments to make a
public comment. She will address her item under New Business.
4 APPROVAL OF MINUTES - None.
5 CONSENT AGENDA:
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion
AGE OF OAK BROOK Minutes Page 2 of 16 December 14, 2004
5. A. Accounts Payable for Period Ending December 10, 2004 - $426,193.80
Significant Items included in Above-
1) Kubiesa, Spiroff, Gosselar & Acker, P.0 — Legal Services for Month of
September - $16,128 50 — Continued from November 23, 2004
2) James J Benes and Associates, Inc — Payout #2 — 2005 Paving Project - $12,968 56
3) Civiltech Engineering, Inc — Payout #14 — York/Harger Bike Trail Phase III - $17,406.45
4) James D Fiala Paving Company — Payout #7 — 2004 Paving Project - $14,129.39
B Approval of Payroll
1) Pay Period Ending November 20, 2004 - $570,117 13
2) Pay Period Ending December 4, 2004 - $607,502 90
C. Community Development Referrals
1) 3404 Adams Road — Variation
2) Oak Brook Promenade — 3001, 3003 and 3121 Butterfield Road — Map Amendment, Text
Amendments, Special Uses, Variations and Plat of Consolidation — Presentation by
Petitioner
D. Authorization to Seek Bids or Proposal or Negotiate Contracts
1) Microfilm/Electronic Scanning
2) Golf Cart Fleet
E Authorization to Hire, Promote or Reassign Duties of Village Employees
1) Part -time Reference Librarian
F Budget Adjustments
0 Oakland Subdivision — Reduction in Subdivision Security
H. An Ordinance Authorizing the Sale of Certain Items of Personal Property Owned by the
Village of Oak Brook — Fire Pumper 911
I. Ratification of Expense — Davey Tree Service — Emergency Tree Limb Removal - $13,935 95
J. Change Order #4 — James D Fiala Paving Company - $5,780 00 - 2004 Paving Project —
Revised Total Contract Amount $944,547.39
K Fire Department Promotions
L An Ordinance Amending Title 1 (Administration) of the Village Code of the Village of Oak
Brook with respect to the Responsibilities, Duties and Authority of the Village Manager
Motion by Trustee Caleel, seconded by Trustee Craig, to approve the Consent Agenda
and authorize expenditures as presented or amended. ROLL CALL VOTE:
Ayes. 6 - Trustees Aktipis, Caleel, Craig, Korn, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None Motion carried.
6. ITEMS REMOVED FROM CONSENT AGENDA:
President Quinlan had previously announced that Agenda Item 5. E., Authorization to
Hire, Promote or Reassign Duties of Village Employees, 1) Part -Time Reference
Librarian was previously removed from the Consent Agenda as the applicant is no longer
available for the position.
CAWILLAGE OF OAK BROOK Minutes Page 3 of 16 December 14, 2004
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B & P APPARATUS INC.
FIRS APPARATUS LISTING AGREEMENT
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B & P APPARATUS INC., 1552 Bryan Ct. Aurora IL. 60504, (Hereinafter referred to as
"B & P Apparatus"'),, as sales agent,
(hereinafter referred to as "Owner"),
WHEREAS, in consideration of B & P Apparatus promise to use its efforts to sell the Fire
Apparatus (The "Apparatus") hereby described as:
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And in consideration of the mutual covenants, conditions and undertakings herein contained, the
parties agree as follows:
1. F3ccinning 12 :01 a_m_ Day _ Month _ Year 2004 and terminating 11:59 p.m_ Day
Month _ Year 200
th( undersigned Owner grants to B & P Apparatus the right to sell the Apparatus to qualified
pu_ chasers; and to advertise the Apparatus.
`? The minimum listing price for the Apparatus shall be $ D00 _ However, B & P
Apparatus has authority to sell the Apparatus for a greater amount and Owner may elect to
accept a lesser amount.
3 Fhe undersigned Owner warrants and represents that Title to the Apparatus is in the name of
Owner , free and clear of all liens and encumbrances , and the Owner has the authority to sell
the Apparatus and the undersigned has the authority to bind the Owner to the terms hereof.
4. Possession of the Apparatus shall be given,= '; �4, Provided payment in full has
been tendered. key Cashiers check or Bank transfer to Owne S d vehicle will be sold "as is" no
warranty expressed or implied.
5_ All permanently mounted pumps, geffierat"ns; plumbing and electrical systems, fixtures. all
4iftrd-9tn titan- t��, booster Hose, ground ladders, warning lights, sirens, horns. all available
manuals, specifications and service records shall remain with the Apparatus, are included in
the sale price, and shall be transferred to the Buyer at the time of sale_ The following specific
items shall also be left on the Apparatus and shall be conveyed to Buyer at time of sale:
I140V 11 U-+ i I IDZIa niian L,iarK biju- ufb -"14t/ p;3
6_ The Owner warranis and represents that Title to all of the aforementioned equipment
remaining with the Apparatus is in the name of Owner, free and clear of all liens and
encumbrances, and equipment will be in good operating condition
at the time of sale, except for the fbliowinb_
/V/A-
7. The Owner has no knowledge of any assessments or liens against the Apparatus and in the
event the Owner hereafter receives any notice of such, it will immediately notify B & P
Apparatus of the same.
8. B & P Apparatus sole duty is to arrange for the sale of the Apparatus. B & P Apparatus
shall have no responsibility for the custody or care of the Apparatus, its maintenance, upkeep or
repair. B & P Apparatus shall not be liable for any damage to the Apparatus. Owner shall
maintain adequate insurance coverage on the Apparatus during the term of this Agreement.
9_ B & P Apparatus is authorized and shall, at sole cost to B & P Apparatus, advertise the
Apparatus for sale, take and retain any necessary photographs, and show the Apparatus at
reasonable times. Driving and pumping demonstrations, if necessary, will be the responsibility
of thc- Owner acid will be provided at the Owner's expense.
10. Upon any final sale, the Owner agrees to furnish to Buyer a clear title for the Apparatus and
related equipment, free and clear of any liens or encumbrances.
11 _ If any sale of the Apparatus by B & P Apparatus is made by any party during the term
hereof. Owner agrees to pay B & P Apparatus a commission of 10% of the gross sale price
12. In the event a sale is consummated through B & P Apparatus within 90 days after the
expiration of the term of this Aa eement with a buyer who has viewed the Apparatus during the
term hereof or extension thereof, then the aforementioned commission shall be deemed earned by
B & P Apparatus.
1-'3. Said conunission shall be payable to B & P Apparatus at such time as payment is received
by the Owner at the time of closing or settlement.
14. Any earnest money deposit paid shall be held by B & P Apparatus as Escrow Agent, any
remaining balance shall be paid to the Owner at closing_
15. In the event of a buyer's forfeiture or default under a purchase contract, the earnest money
shall be split, 50% payable to Owner, and 50 °/a payable to B & P Apparatus.
16 No alterations in the terms hereof shall be valid or binding unless made in writing and signed
by the parties hereto_
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17_ This Agreement represents the entire Agreement between the parties hereto and shall be
interpreted at all times in accordance with Illinois Law.
1 S. The terms and provisions of this Agreement shall be binding upon and insure to the benefit of
and shall be enforceable by the successors and assigns of the parties hereto, except that the
responsibilities of B & P Apparatus hereunder shall not be assignable.
19. In the event any provision of this Agreement is adjudicated to be invalid or unenforceable,
such invalidity or unenforceability shall not effect the other provisions or application of this
A fire ement.
OWNER:
L} Y -
TI' I LE
ACCEPTED:
OWNER:
FM
TITLE:
B & P APPARATUS, INC.
BY: Brian Clark
TITLE-- President
Df,iTE: Owner's Current Address:
APPARATUS TO BE STORED AND VIEWED AT-
B&P APPARATUS REV 05102
Nov 11 04 11 32a Brian Clark 630- 978 -1477 p7
Apparatus Appraisal
P Apparatus 1552 Bryan 0 Aurora It 60504
APPRAI,SALID
329
.LEA TE
9/29/2004
VEWI CL E #
911 AL41NT #:
YEAR
1 978
)WILES
42971
HOURS
2268
CAI 4SSIS
HENDRICKSON
M •EKE
1871
,110DEL
CREW CAB
ROD
E -ONE
HfGITSIDE COMPT 3 -LEFT
STYLE
PUMPER
E, ,'G1 -NrE
DETROIT
MODEL 9
8V71 350 H_P
TR. 41VS
AUTOMATIC
ZFG
ALLISON
TYPE
HT74G
Pf'-TmP
HALE
G P ,A,r 1250
STA GES 1
T- -I,'VK 750
T:-- IVK AI`ATERIAL: ALUMINUM
G „70 N-D LADDERS 24', 14', 10'
GENERATOR N/A
ROOSTER REAR
LIGHTS N %1RjVIIVG AERODYNIC, MARS 888
Ao rcynher 11, 2004 Page I of 3
Nov 11 04 11 32a Brian Clark 630- 978 -1477 p8
SIREN
COLOR
TIRES
INTERIOR COND.
E.A TERI ®R CQND
REFURBISHED--
PA
EFURBISHED-
PA 200
WHITE /RED
11 00 R 22.5
EXCELLENT
EXCELLENT
IORR
RE-PAINT: 1988
LADDER TEST N/A
PU+fP TEST 2003
.L4DDER HEIGHT Af4KE N/A
BOOM HEIGHT 4,14KE N/A
JV A TER JfA I` N/A
F 4DDER PIPE_ N/A
FL Y PIPE. N/A
AIR TO B.- ISKET. N/A
LENGTH:
HPI IGHT_
G' 'FV.- 0
FFONT 4_VLE l f1E7[eHT. 13180
RJ- AR .AXLE WEIGHT. 23120
T 1VLJE1`'l A -YLE I I
i ,f' ,YEEL BASE: 36300
D ISCH.AR GE LEFT.
2 -2.5
DISCHARGE RIGHT:
1-25
DISCHARGES REAR:
2-25
4 " DISCHARGE:
RIGHT SIDE
5" DISCHARGE:
N/A
TI ,L SYH LIAIE* :
Fl," DNT SUCTION.- 511
RIEA R S t'CTION/IA- TAKE N/A
TI rrrwhir. November 11. 2UU4 Page 2 UJ _f
Nov 11 04 11 32a Brian Clark 630- 978 -1477 P9
CROSS LA YS:
2-1.5
PONYSUCTION.
1 -2 5 EA SIDE
F0 1.41 SYS'TEAL-
NIA
F-GlAM T 4NKS:
N/A
A d R PA CK S LEA TS:
2
H.- --CRIB SUCTIONSIZE:
N/A
01 ARTZ L,IGMTS-
NIA
PRE -PIPE DECK GUN. •
N/A
f'I.'V #: 14480
MFG #: 848
EQ UIP E1VT
RFT-41L
DI:P= 4R77VlEA'T
4DDRESS
$18,000.00 LOWPRICE
OAK BROOK FIRE DEPT
1200 OAK BROOK RD OAK BROOK IL
$14,00000
71 1er� 1lrv, NclvLrl her T I, 2004 pikq' 3 of,?