TERMS & CONDITIONS OF SALE Board of County Commissioners Broward County, Florida Fleet Services Division Timed-Bid Auction of Surplus Engine & Transmission Cores July 2021 1. SCOPE: • The Board of County Commissioners, Broward County, will conduct a public auction of County-Owned Engine & Transmission Cores which have been declared 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 Company's Proxibid Auction Page. The auction will be conducted on Proxibid.com. • Registration for the auction will be through Proxibid.com and bidders will be required to provide credit card information as a means of verification only. • The auction opens on July 20, 2021, at 3:00 P.M. and will end on July 26, 2021, with lots starting to close at 3:00 P.M. • The auction website will make use of staggered closing times but all bids will end on July 26, 2021. • All bids will be reported to The Board of County Commissioners, Broward County, Florida, Fleet Services Division. The top bid price and next highest price will be reported as the High Bidder and Back-Up Bidder to Broward County personnel. 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 paragraph. • Extensions of Bid: In the event a bid or bids are made during the last two minutes of an auction, the end time for the auction 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. • Cummins Diesel Engine Cores & Allison Automatic Transmission Cores included in this Time-Bid Auction will be sold Subject to the Confirmation of the Seller, The Broward County Board of County Commissioners. In the event top bid prices are not confirmed by Broward County personnel, items may be withdrawn from the auction and placed in an event to be conducted at a future time. It is expected Top Bidders will be notified their bid has been accepted within 48 hours from the time the auction closes. • The Auctioneer reserves the right to establish minimum opening bid prices and amounts for bid increases. In the event bidders do not comply with the 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 Company on the National Auction Company's Proxibid Auction Page. The auction platform of Proxibid will be used for this auction event. 4. INSPECTION OF INVENTORY: • The engine & transmission cores included in this auction are not available for Preview as they are stored at Broward County Transit where there is restricted public access. Those requiring a preview of the engine & transmission cores can schedule an appointment with the Auctioneer. Please call George Richards at (954) 658-5033 to schedule. • Information will be provided pertaining to this inventory to the best of the Auctioneer’s ability. Photographs and descriptions will be published on the Auctioneer’s website. The exact condition of each engine and transmission core is unknown and are being offered as parts. • Information provided by National Auction Company is not guaranteed and prospective bidders should rely upon their own judgement concerning the condition of each item. • Every effort has been made to accurately illustrate the condition of the inventory included in this auction, however, it is possible all defects and/or missing parts were not observed. • Information describing engines and transmissions was provided to the Auctioneer by Broward County. This statement does not guarantee any engine and transmission is complete, operable or repairable. • Specific information not included on the website can be obtained by contacting George Richards at (954) 658-5033. It is possible specific information requested may not be available. 5. CONDITIONS OF SALE AND DELIVERY-TERMS AND INDEMNIFICATION: • Broward County, as a casual seller, is selling surplus Shuttle Buses and other vehicles at Public Auction, for cash, to the highest bidders. Announcements made by the Auctioneer will be made through the website and e-mailed to all registered bidders. Despite efforts to avoid withdrawal of items from the sale list after being mailed or advertised, it is sometimes necessary. The Broward County Board of County Commissioners reserves the right to do so and further reserves the right to accept or reject any/all bids. • Buyer (s) shall at all times hereafter indemnify, hold harmless and, defend County, its 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 Broward County, 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 by reason of any such claim, cause of action or demand, Buyer shall, upon written notice from Broward County, resist and defend such lawsuit or proceeding by counsel satisfactory to Broward County or, at Broward County’s option, pay for an attorney selected by County Attorney to defend Broward County. 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 inventory is offered and sold “as is” and “where-is.” Neither Broward County or National Auction Company makes any warranties or guarantees, expressed or implied to the operation or condition of this inventory. Even though great effort is made to assure the accuracy of the information, it is possible information provided might not be correct. • Once top bid prices have been received and communicated to Broward County Personnel, all sales are final and not subject to any refunds or exchanges. • Successful bidder (s) agree to comply with all terms and provisions as listed above. • Bidders who become successful purchasers will not be permitted to assign their purchases to another bidder. 6. BUYER’S PREMIUM: • A 7% Buyer’s Premium will be added to all top bid prices and included in the final purchase price. 7. NOTIFICATION TO TOP BIDDERS AND PAYMENTS: • All Top Bidders will be notified their bid has been accepted by the National Auction Company through the E-Mail address supplied at the time of Bidder Registration. • Payments can be made by Cash, Money Order, Certified Check, or Cashier’s Check. All checks should be made payable to National Auction Company, Auctioneer’s Escrow Account. Personal and Corporate Checks will be accepted only when accompanied by a current bank letter which guarantees payment for purchases made at this auction. • Payments can also be made via Bank to Bank Wire Transfer. Please contact Auctioneer for bank wiring instructions. • All payments will be accepted starting on July 27 through July 28 between the hours of 10:00 A.M. and 3:00 P.M. • a. Payments must be made at the Fleet Services Administrative Office located at 1600 NW 31 Avenue, Pompano Beach, Florida 33069-5101. • b. Payments can be made between the hours of 10:00 A.M. and 3:00 P.M. ONLY. • c. In the event a Top Bidder has purchased more than one item, payment in full must be received before anything can be removed from County property. • Purchasers arriving at Broward County Fleet Services will be expected to wear a face covering and observe social distancing. • Signs will be posted at Broward County Fleet Services directing purchasers to the area designated for use by the National Auction Company. 8. BILL OF SALE: • Purchasers will be given a Bill of Sale for each engine and transmission core. The Bill of Sale will describe each according to the Lot Number assigned to each by the Auction Company. • It is possible original identification numbers will be available but some of the original tags provided by Manufacturers may have been removed or are no longer readable. • Purchasers with Resale Certificates must provide a copy of Sales Tax Resale Number at the time of bidder registration. Those purchasing any of the items included in this auction who do not have a Resale Certificate from the State of Florida or another state, will be charged a 7% Florida Sales Tax. 9. DEFAULT: • If a buyer fails to complete the sale under the conditions set forth hereon, or agreed to by the County, deposits and/or payments made will be forfeited and inventory will remain the property of the 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. 10. REMOVAL: • Purchased items must be removed from the auction site as soon as possible but not later than Saturday, July 31, 2021. Neither Broward County or National Auction Company is responsible for items left at the auction site after this date. • Broward County will have staff available to assist with loading purchases on an appointment-only basis. This is an active and secured Mass Transit Facility where access is controlled on a 24/7 basis. Purchasers must arrange for the removal of items through George Richards of National Company. Please be aware access to this facility requires photo identification and escort to the loading area. • Engine stands are included with engines presently stored in this manner. Other engines that are not on stands will be loaded on pallets. The majority of the transmission cores are presently stored on pallets. The pallets are included with each sale. • It will be the responsibility of Top Bidders (Purchasers) to arrange for their own transportation and removal of inventory from Broward County property. • Top Bidders (Purchasers) using Transport Services will be required to be present when items purchased are being loaded. Out-of-state purchasers should make National Auction Company aware of the shipper chosen and coordinate with the Auctioneer’s staff for pickup. • Top Bidders (Purchases) will be required to sign a receipt that shows delivery of purchased inventory. • The inventory included in this auction is located at Broward County Transit. The address for access is 2751 NW 30 Avenue (Blount Road), Pompano Beach, Florida 33069. Access is controlled by security on a 24/7 basis and all vehicles entering the property will be subject to checking in with the Security Guard on duty. 11. REGISTRATION: • All bidders are required to register with National Auction Company on their website, www.natlauction.com. Each Bidder will be assigned a Bidder’s Number. The Bidder’s Number will be used and that number will be recorded for that sale. 12. DIRECTIONS Payments 1600 NW 31 Avenue (Blount Road), Pompano Beach, Florida 33069-5101 • From I-95 (Broward County): Exit at Copans Road and continue West to Blount Road. At the traffic signal, turn left and continue to the auction site on your left which is North of the Sheriff’s Office facility. Watch for the sign which says Broward County Bridges & Highways. • FROM the Turnpike (Broward County): Exit at Coconut Creek Parkway (Dr. Martin Luther King, Jr. Boulevard), Exit #67. After paying toll, continue to the traffic signal and turn left onto Coconut Creek Parkway (MLK Blvd.). Continue on Martin Luther King Boulevard to the second traffic signal and make a U-Turn. At Blount Road, turn right, and the auction site will be on your right just past the Sheriff’s Office facility. Watch for the sign which says Broward County Bridges & Highways. Item Pick-up 2751 NW 30 Avenue (Blount Road), Pompano Beach, Florida 33069 • From I-95 (Broward County): Exit at Copans Road and continue West to Blount Road. At the traffic signal, turn right and continue to the auction site on your left. Continue to the Guard Gate for access. WATCH FOR ACTIVE BUS TRAFFIC. • From the Florida Turnpike (Broward County): Exit at Sample Road and turn right. Continue to the traffic signal at NW 27 Avenue and turn right. Continue on NW 29 Avenue to the entrance to Broward County Transit. Continue to the Guard Gate for access. WATCH FOR ACTIVE BUS TRAFFIC. 13. POINTS OF CONTACT: • Agency: Broward County Fleet Services Division • Contact Name: John Leopoldo • Contact Number: 954-655-8322 • Contact Email: jleopoldo@broward.org • Agency: Broward County Fleet Services Division • Contact Name: Jim Bailey • Contact Number: 954-357-5450 • Contact Email: jbailey@broward.org • Auctioneer: National Auction Company (AB640 •AU899) • Contact Name: George Richards • Contact Number: 954-658-5033 • Contact Email: grichards@natlauction.com