TERMS & CONDITIONS OF SALE BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA FLEET SERVICES DIVISION TIMED AUCTION OF SURPLUS EMERGENCY GENERATOR April 2021 1. SCOPE The Board of County Commissioners, Broward County (“Broward County”), will conduct a public auction of a County-Owned Emergency Generator that has been declared as surplus to the needs of Broward County. 2. AUCTION DATE: This auction will be a Timed On-Line Auction. Bids will be received at the National Auction Companys' Proxibid Auction Page. The auction will be conducted on the platform of Proxibid.com. Registration for the auction will be through Proxibid.com. The auction will open on April 8, 2021 at 3:00 P.M. and will end on April 16, 2021 at 3:00 P.M. All bids will be reported to Broward County Fleet Services Division. The top bid price and next highest bidder’s information will be reported as the High Bidder and Back-Up Bidder to Broward County. Bids received after published closing times will not be accepted except those that fall under the conditions of Extensions of Bid described in the following bullet. Extensions of Bid: In the event a bid or bids are made during the last two minutes prior to the time the auction is scheduled to end, the ending time for will be extended for an additional two minutes. Extensions will continue until no further bids are received within the last two minutes of the auction. The Generator included in this Time-Bid Auction will be offered and sold Subject to the Confirmation of Broward County. In the event the top bid price is not confirmed by Broward County, the Generator may be withdrawn from the auction. It is expected that the Top Bid will be notified their bid has either been accepted within 48 hours from the time the auction closes. The Top Bid and bidder accepted and approved by Broward County is referred to herein as the “Buyer”. The Auctioneer reserves the right to establish minimum amounts for bid increases. In the event bidders do not comply with minimum amounts stated, bids received that are less than those set forth will not be accepted. 3. PLACE: The Auction will be conducted by the National Auction Companys' Proxibid Auction Page. 4. INSPECTION OF GENERATOR: Prospective bidders desiring to preview the Generator can call the Auctioneer, George Richards, at 954-658-5033 to establish a time for an appointment. Please be advised at the present time the Generator is not connected to electrical power and cannot be started. Previews will require the presence of personnel from National Auction Company. The Auctioneer and his staff will provide information pertaining to the Generator being offered in this Timed-Bid Auction. Information provided describes the current condition of the Generator to the best of the ability of the Auctioneer and his staff. All information provided by National Auction Company is not guaranteed and prospective bidders should rely upon their own judgement concerning the condition of the Generator. Each item included in this auction is specifically offered and sold in As-Is condition without guaranty or warranty either expressed or implied. The Generator being offered at this auction is specifically offered and sold in As-Is condition without guaranty or warranty either expressed or implied. 5. CONDITIONS OF SALE AND DELIVERY-TERMS AND INDEMNIFICATION: Broward County, as a casual seller, is selling a surplus Emergency Generator at Public Auction, for cash, to the highest bidder. Announcements made by the Auctioneer will be made via the website and e-mailed to all registered bidders. Despite efforts to avoid withdrawal of this machine from the after being mailed or advertised, it may sometimes be necessary. Therefore, Broward County reserve the right to do so and further reserve the right to accept or reject any/all bids. Buyer(s) shall at all times hereafter indemnify, hold harmless and, defend Auctioneer and Broward County, including their respective officers, agents, servants, and employees from and against any and all causes of action, damages, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, causes or alleged to be caused by intentional or a negligent act of, or omission of, Buyer, its subcontractors, employees, agents, servants, or officers, or resulting from, or related to the subject matter of this Agreement including, without limitation, the removal of any property purchased by the Buyer from the County property, the sale by Buyer of any such property to third parties, any defect in the operation or physical condition of any such property and any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damaged sustained by any person or property. In the event any lawsuit or other proceeding is brought against Broward County and/or Auctioneer by reason of any such claim, cause of action or demand, Buyer shall, upon written notice, resist and defend such lawsuit or proceeding by counsel satisfactory to Broward County and Auctioneer, or at their option, pay for an attorney selected by Broward County for its defense. To the extent considered necessary by the Contract Administrator and the County Attorney, any sums due Buyer under this Agreement may be retained by Broward County until all claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by Broward County. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. All property is offered and sold “as is” and “where is.” Auctioneer and Broward County make no warranties or guarantees expressed or implied to the operation or condition of any piece of equipment. Although reasonable efforts are made to assure the accuracy of information, it is possible information provided may not be correct. Once top bid prices have been received and communicated to Broward County Personnel and approved, ALL SALES ARE FINAL. NO REFUNDS. NO EXCHANGES Successful bidder (s) agree to comply with all terms and provisions contained herein and in all other documents provided by Auctioneer in connection with the auction process. 6. BUYER’S PREMIUM: A 7% Buyer’s Premium will be added to the top bid prices and included in the final purchase price. 7. NOTIFICATION TO TOP BIDDERS AND PAYMENTS: The Top Bidder will be notified their bid has been accepted by National Auction Company through the E-Mail address supplied at the time of Bidder Registration. Payments must be made by Bank to Bank Wire Transfer. At the time the top bidder is notified their bid has been accepted by Broward County, wire instructions will be provided. Payment from the top bidder must be made no later than 24 hours after being notified their top bid price has been accepted. Purchasers arriving at Broward County to pick up this machine will be expected to wear a face covering and observe social distancing. 8. DEFAULT: If the top bidder fails to complete the sale under the conditions set forth hereon, or agreed to by the County, any deposits and/or payments made to the account of Broward County will be forfeited and the Generator will remain the property of Broward County. If a Top Bidder fails to make payment in full after being notified their bid has been accepted, at the discretion of Broward County and/or the Auctioneer, the bidder’s name may be subject to removal from the mailing list and may not be permitted to participate in future auctions. 9. REMOVAL: The generator must be removed no later than April 23, 2021. The generator must be scheduled for removal on an appointment-only basis because it is currently located in a restricted area where security is present. The time and date of the appointment will be coordinated by the Auctioneer and confirmed with Broward County Property Site Management. The time and date for removal will be confirmed by e-mail. The Top Bidder/Purchaser must contract with a licensed and insured trucking, transport and/or rigging company. The company selected must be identified to the Auctioneer and Broward County. All costs associated with the removal of the Generator from Broward County property is the sole responsibility the Purchaser/Top Bidder and is separate from the bid price. The company selected by the Top Bidder/Purchaser to transport and remove the Generator will be required to (a) provide proof of necessary certification(s), licensure and adequate insurance, including, but not limited to, crane and rigging liability, general liability, workman’s compensation, automobile and liability; (b) at least two (2) business days prior to removal of the Generator, supply a Certificate of Insurance naming Broward County and National Auction Company as additional insureds under general liability and crane and rigging liability coverages; and (c) coverage must be in the minimum amount of $2,000,000.00 per occurrence; $4,000,000.00 aggregate Liability for general liability and crane and rigging; $1,000,000.00 Workman’s Compensation and Physical Damage $1,000,000.00 and contain a requirement for 30-day advance written Notice of Cancellation. 10. REGISTRATION: All bidders are required to register with National Auction Company on their Proxibid Auction Page. There will be a link on the webpage www.natlauction.com directing prospective bidders to Proxibid.com. Each Bidder will be assigned a Bidder’s Number which will be used and recorded for the sale. 11. LOCATION OF GENERATOR: The Generator is located at 201 SE 6 Street, Fort Lauderdale, Florida 33301. 12. POINTS OF CONTACT: Agency: Broward County Fleet Services Division Contact Name: James Bailey Contact Number: 954-357-5450 Contact Email: jbailey@broward.org Auctioneer: National Auction Company Contact Name: George Richards Contact Number: 954-658-5033 Contact Email: grichards@natlauction.com