BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA Fleet Services Division Timed Auction of Surplus Vehicles, Equipment & Machinery April 2022 TERMS & CONDITIONS OF SALE 1. SCOPE: The Board of County Commissioners, Broward County, will conduct a public auction of County-Owned vehicles, equipment, machinery and tools which have 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 on the National Auction Company's page on Proxibid.com. - Registration for the auction will be through Proxibid.com and bidders will be required to comply with terms established by Proxibid.com. - The auction is scheduled to open on April 28, 2022, at 3:00 P.M. and end on May 3, 2022, 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 May 3, 2022. - All top bid prices will be reported to The Board of County Commissioners, Broward County, Florida, Fleet Services Division. Any 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. - Bid Extensions - In the event a bid or bids are made during the last two minutes of an auction, the ending time for the auction will be extended for an additional two minutes. Extensions will continue until no further bids are received. - The vehicles, equipment, and machinery included in this Timed-Bid Auction are offered 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 In the event top bid prices are not confirmed by Broward County personnel, items may be withdrawn and included in an auction to be conducted at a future time. It is expected Top Bidders will be notified their bid has either been accepted or rejected no later than 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. AUCTION SITE: The Auction will be conducted by National Auction Company on Proxibid.com. 4. INSPECTION OF VEHICLES: - The vehicles, equipment, and machinery included in this auction will be available for preview on Friday, April 29 from 10:00 AM until 4:00 PM. Previews will be scheduled by appointment only. To schedule a preview, please contact National Auction Company at (954) 658-5033. - Please be advised previews will be limited to those with appointments and keys to vehicles will not be available at that time. - The Auctioneer and his staff have provided information pertaining to each item included in the auction which describes its current condition to the best of their ability. Photographs and descriptions will be published on the Auctioneer’s website. - At the time information was being gathered for this auction, an attempt was made to start each vehicle and/or piece of equipment. This information can be found on the Auctioneer’s Proxibid web page which includes photographs and videos of most of the items. Information provided by National Auction Company is not guaranteed and prospective bidders should rely upon their own judgment concerning the condition of each item. - Please be advised that because a vehicle or piece of equipment started and illustrated in a video does not guarantee it will start and run at a later time. In addition, it does not guarantee any vehicle can be driven for long distances. - Many of the vehicles and pieces of machinery were jump-started, however, it should not be assumed any will start, run, or can be driven from the auction site. - Information is also included regarding the operation of air-conditioning in vehicles. It should not be assumed air-conditioning will be operating when vehicles are picked up. - When vehicles were started, if mechanical issues were observed, to the best of the ability of the auction staff, that information has been included on the website. Bidders should not assume all mechanical issues were found. All vehicles, equipment, and tools are specifically offered in As-Is condition without warranty of any kind. - While every effort has been made to accurately describe and illustrate the condition of each asset included in this auction, the Auctioneer and his staff are not mechanics and it is possible all defects were not observed and/or reported. - Information concerning odometer or hour meter readings might not be accurate even though efforts were made to confirm and provide correct information. In the event actual odometer or hour meter readings are different from those reported in auction information, the sale will not be invalidated as a result of differing information. - Specific questions or other information should be addressed to George Richards at (954) 658-5033. It is possible specific information requested may not be available. 5. COLLUSION - Collusion is defined as an agreement among competitive bidders to raise, fix or otherwise maintain the price at which goods or services are sold. - Auctions are governed under the Sherman Act enacted in 1890. The Sherman Act prohibits any agreement among competitors to fix prices, rig bids, or engage in other anti-competitive activity. - Violations of the Sherman Act may be considered to be a felony and punishable by fines established in the Act. - Bidders planning to participate in this auction should be aware violations that come to the attention of National Auction Company will be reported to Broward County Board of County Commissioners for action they determine to be appropriate. 6. CONDITIONS OF SALE AND DELIVERY-TERMS AND INDEMNIFICATION: - Broward County, as a casual seller, is selling surplus vehicles, equipment, and machinery 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 auction list after being mailed or advertised, it is sometimes necessary. The Broward County Board of County Commissioners reserves the right to do so and 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 the 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 COUNTY by reason of any such claim, cause of action or demand, Buyer shall, upon written notice from COUNTY, resist and defend such lawsuit or proceeding by counsel satisfactory to the COUNTY or, at COUNTY’s option, pay for an attorney selected by County Attorney to defend 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 COUNTY until all COUNTY’s 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 COUNTY. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. - All vehicles, equipment, machinery, and tools are offered and sold “as is” and “where-is.” The Broward County Board of County Commissioners makes no warranties or guarantees expressed or implied concerning the operation or condition of any item offered in this auction. - Once top bid prices have been received and communicated to Broward County Personnel, all sales are final and there will be no refunds or exchanges. - All bidders taking part in this auction specifically agree to comply with all terms and provisions as listed above. 7. BUYER’S PREMIUM: A 7% Buyer’s Premium will be added to all top bid prices and included in the final purchase price. 8. 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 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. - Credit cards, debit cards, and ZELLE or other similar payment platforms are not acceptable forms of payment. - Payments can also be made through Bank to Bank Wire Transfer. Please contact Auctioneer for bank information. Purchasers making payment by wire transfer must include their name and bidder number to allow identification of incoming wires. - Payments will be accepted beginning on May 4, 2022, through May 6, 2022, between the hours of 10:00 A.M. and 3:00 P.M. Payments must be made at the Fleet Services Administrative Office located at 1600 NW 31 Avenue (Blount Rd), Pompano Beach, Florida 33069-5101. The only exception is purchasers making payment (s) by bank to bank wire transfer. - 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. - In the event payments have not been made by May 6, 2022, by 3:00 P.M., the Purchaser(s) will be considered to be in default, and the item(s) upon which they were the top bidder may be sold to the backup-bidder or withdrawn from the auction. - All payments must be made in the name of the person or company who registered for the auction and were notified they were the top bidder. Purchaser invoices cannot be modified or changed to another name. - Signs will be posted at Broward County Fleet Services directing purchasers to the area designated for use by National Auction Company. 9. MOTOR VEHICLE TITLE TRANSFERS: - Purchasers are responsible for transferring Certificates of Title into their name or company name as listed on the Invoice provided by the National Auction Company. Transfer of title must be completed within 10 days of the date set forth on the Invoice provided by the Auction Company. - Registration fees and Sales Tax must be paid at the time Certificates of Title are transferred. - All Certificates of Title will be closed to include the name of the Purchaser, their address, the date the vehicle was sold, and the purchase price. - Licensed Motor Vehicle dealers must provide a copy of their license and Sales Tax Resale Number at the time of bidder registration. - Open titles will not be given to purchasers. 10. SALES TAX - Florida Sales Tax will be calculated on the full purchase price, that is, the top bid price plus a 7% Buyer’s Premium. - National Auction Company does not collect sales tax on titled motor vehicles which must be paid at the time of title transfer. Sales Tax will be collected on all non-titled equipment, machinery, or tools. - Dealers who purchase for resale must provide a copy of their 2022 resale certificate to lori@natlauction.com. In the event this certificate is not provided, sales tax will be charged. 11. DEFAULT: - Purchasers who fail to complete the sale under the conditions set forth hereon, or agreed to by Broward County, any deposits and/or payments made to the account of Broward County will be forfeited and vehicles or equipment will remain the property of Broward County. This provision includes failing to make payment in the time set forth in the Terms & Conditions of Sale. - 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. This information may also be reported to Proxibid which could limit the ability to participate in future auctions. 12. REMOVAL: - Purchased items must be removed from the auction site on or before Friday, May 6, 2022, at 3:00 P.M. Neither Broward County nor National Auction Company is responsible for vehicles, equipment, machinery, or other items that remain at the auction site after completion of the auction. - Purchasers must be accompanied by National Auction Company personnel when picking up purchases. - Broward County will have staff and equipment available to assist with loading between the hours of 10:00 A.M. until 3:00 P.M. on May 5 & 6, 2022. - It is the responsibility of Purchasers to arrange their own transportation and removal of Non-Running items from Broward County’s property. - Purchasers should bring their own jump-boxes or battery cables for any item that will not start on its own. - Purchasers will not be permitted to do mechanical work on Broward County premises that go beyond removing and replacing a battery. - Purchasers who contract with Towing or Transport Services must be present when vehicles or other items are being removed from Broward County property. - Purchasers, trucking companies, and transporters will be responsible for securing loads. - Purchases will be required to sign a receipt acknowledging receipt of purchased vehicles or equipment. Receipts will be required to remove any item from Broward County property. Each item will be subject to verification by security personnel posted at the main gate. - In the event all purchased items have not been removed by May 6, 2022, purchasers may be charged a fee that equals $25.00 per day per item. This will be enforced at the discretion of Broward County. Any vehicle left in the south parking lot at Fleet Services 3 may also be subject to this provision. - It is understood additional time may be required for purchasers to remove items. Accommodations will be considered but it is expected arrangements will be communicated to Auction Company personnel which are subject to the approval of Broward County personnel. - It is possible some items may require special handling because of the area in which they are stored. Accommodations will be made as necessary for the convenience of Broward County and are subject to their approval. 13. BIDDER REGISTRATION: All bidders are required to register with the National Auction Company on the website of Proxibid.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. As noted earlier, the auction will be conducted on Proxibid.com and their bidder registration requirements must be complied with. 14. DIRECTIONS: 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 which is North of the Broward County Sheriff’s Office facility. Watch for the sign which says Broward County Bridges & Highways. Parking is available on the south side of the property. FROM The Florida Turnpike (Broward County) Exit at Coconut Creek Parkway (Dr. Martin Luther King, Jr. Boulevard) which is marked as 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 traffic signal at NW 27 Avenue and make a U-Turn. At Blount Road, turn right, and the auction site will be on your right just past the Broward County Sheriff’s Office facility. Watch for the sign which says Broward County Bridges & Highways. Parking is available on the south side of the property. 15. AUCTION PARKING: There is a parking lot located on the south side of the main entrance of Broward County Bridges & Highways. Please be advised this is a secured facility and private vehicles are not permitted past the guard gate. 16. POINTS OF CONTACT: 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