BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA FLEET SERVICES DIVISION TIMED AUCTION OF SURPLUS TRANSIT & SHUTTLE BUSES April 2021 Terms & Conditions of Sale 1. SCOPE: The Board of County Commissioners, Broward County, will conduct a public auction of County-Owned Transit & Shuttle Buses 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 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 and bidders will be required to provide credit card information as a means of verification only. • The auction opens on April 19, 2021 at 3:00 P.M. and will end on April 26, 2021 with lots starting to close at 3:00 P.M. • The auction web site will make use of staggered closing times but all bids will end on April 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 bullet. • 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. • Transit Buses & Shuttle Buses being offered 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 In the event top bid prices are not confirmed by Broward County personnel, items may be withdrawn from the auction and placed in an event to be conducted at a future time.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 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 Company on the National Auction Companys' Proxibid Auction Page. The auction platform of Proxibid.com will be used for this auction event. 4. INSPECTION OF VEHICLES: • Transit & Shuttle Buses included in this auction are not available for Preview because of pending requirements brought about by the COVID 19 Pandemic. Pre Event Previews can be scheduled by appointment with the Auctioneer and his staff. Please call George Richards to schedule. • Information will be provided pertaining to each item included in the auction describing its current condition to the best of the ability of the Auctioneer and his staff. Photographs and descriptions will be published on the Auctioneer's website. Please be advised none of the Transit or Shuttle Buses included in the auction were started. The Transit Buses were towed to the auction site. Some of the Shuttle Buses were driven to the auction site and running when parked. Information provided by the National Auction Company is not guaranteed and prospective bidders should rely upon their own judgment concerning the condition of each item. • Every effort has been made to accurately illustrate the condition of every Transit & Shuttle Bus included in this auction, however, it is possible all defects were not observed. • The vehicles included in this auction are exempt from odometer/mileage statements. Odometer readings included in the information provided for every Transit or Shuttle Bus are those reported by the seller and might not be accurate. Odometer readings stated in the auction materials have not been verified. If actual odometer readings are different from that reported with the auction information, the sale will not be invalidated. • Each item included in this auction is specifically offered and sold in As-ls condition without guaranty or warranty either expressed or implied. • Information pertaining to Transit & Shuttle Buses regarding engines and transmissions was provided to the Auctioneer by Broward County. In some cases, information is stated which reflects engines in Transit Buses appear to be complete. This statement does not guarantee any engine and transmission is complete or operable. • 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 Transit& Shuttle Buses 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 shallsurvive the expiration or earlier termination of this Agreement. • All Transit & Shuttle Buses are being 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 any vehicle. 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. 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 information. • All payments will be accepted starting on April 27 through April 30 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. MOTOR VEHICLE TITLE TRANSFERS: • Purchasers are required to transfer titles into their name (s). • Purchasers will be given the title which must be taken to an authorized Tag Agency. A receipt from the Tag Agency must be provided to the National Auction Company before a vehicle (s) can be removed from County property. • Licensed Motor Vehicle dealers must provide a copy of their license and Sales Tax Resale Number at the time of bidder registration. 9. DEFAULT: • If a buyer 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 the County will be forfeited and vehicles 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 on or before Monday, May 3 at 3:00 P.M. Neither Broward County or National Auction Company is responsible for Transit or Shuttle Buses remaining at the auction site after completion of the auction. • Broward County will have staff available to assist with jump starting Shuttle Buses between the hours of 10:00 A.M. until 3:00 P.M. on April 27 & April 28. It is not guaranteed that any Shuttle Bus can be jump-started as new batteries might be required. • It will be the responsibility of Top Bidders (Purchasers) to arrange for their own transportation and removal of Non-Running Transit & Shuttle Buses from Broward County property. Bidders (Purchasers) should bring their own jump-boxes or battery cables for any Shuttle Bus that will not start on its own. • Bidders/Purchasers should be prepared to have Transit Buses towed. • Top Bidders (Purchasers) using Towing or Transport Services will be required to be present when Transit & Shuttle Buses are being removed from Broward County property. • Top Bidders (Purchases) will be required to sign a receipt which shows delivery of purchased vehicles or equipment. • All Shuttle Buses are located at Broward County Fleet Services 3, 1600 NW 30 Avenue (Blount Road), Pompano Beach, Florida 33069. • Transit Buses are located at Broward County Fleet Services 3, 1600 NW 30 Avenue, Pompano Beach, Florida 33069. • Some of the Transit Buses are located at Broward County Transit, Copans Road Terminal, 2751 NW 30 Avenue, Pompano Beach, Florida 33069. This is a secured facility and access can only be permitted by appointment. The Copans Road Terminal is located just north of the intersection of Copans Road & NW 30 Avenue. The gate is secured 24/7 and access requires photo identification. Copies of Purchaser Receipts and Bill of Sale should be made available for inspection by the security guard. 11. REGISTRATION: • 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. 12. DIRECTIONS: From 1-95 (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. 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 Contact Name: Jim 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 National Auction Company Licensed Real Estate Brokers & Auctioneers (AB 640 • AU899)