TERMS & CONDITIONS OF SALE BOARD OF COUNTY COMMISSIONERS, BROWARD COUNTY, FLORIDA FLEET SERVICES DIVISION TIMED AUCTION OF SURPLUS VEHICLES, EQUIPMENT & MACHINERY March 2021 1.SCOPE: • The Board of County Commissioners, Broward County, will conduct a public auction of County-Owned vehicles, equipment, and machinery 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 page of the Proxibid website. 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 March 4, 2021, at 3:00 P.M. and will end on March 9, 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 March 9, 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 bidder’s information 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 five minutes of an auction, the end time for the auction will be extended for an additional five minutes. Extensions will continue until no further bids are received within the last five minutes of the auction. • The vehicles, equipment, and machinery included in this Time-Bid Auction will be offered and 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 In the event top bid prices are not confirmed by Broward County personnel, items may be withdrawn from the auction and placed in an event to be conducted at a future time.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 that their bid has either 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 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 page of the Proxibid website. 4.INSPECTION OF VEHICLES: • The vehicles, equipment, and machinery included in this auction are not available for Preview because of pending requirements brought about by the COVID 19 Pandemic. • The Auctioneer and his staff will provide information pertaining to each item included in the auction that describes 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. As possible, vehicles have been started and videos posted on the Auctioneer’s Website. All 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. As noted on the website, some of the vehicles were jump-started, however, it should not be assumed any vehicle will start, run, or can be driven from the auction site. In addition, information has been 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, the Auctioneer and/or his staff moved the vehicle. If the vehicle would not move or another issue was noted, that information has been included on the website. • Every effort has been made to accurately illustrate the condition of each asset included in this auction, however, the Auctioneer is not a mechanic. Accordingly, it is possible all defects were not observed. • Information provided relating to vehicle mileage and hour meter readings may not be accurate, however, every effort has been made to report correct information. In the event actual odometer or hour meter readings are different from that reported with the auction information will not invalidate a sale. • Each item included in this auction is specifically offered and sold in As-Is condition without guaranty or warranty either expressed or implied. • 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 vehicles, equipment, and machinery at Public Auction, for cash, to the highest bidders. Announcements made by the Auctioneer will be made via the website and e-mailed to all registered bidders. Despite our efforts to avoid withdrawal of items from the sale list after being mailed or advertised, it may sometimes be necessary. Therefore, 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 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 property is offered and sold “as is” and “where is.” The County makes no warranties or guarantees expressed or implied to the operation or condition of any piece of equipment. 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. NO REFUNDS. NO 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 at 954-658-5033. • All payments will be accepted starting on March 11 through March 12 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). An authorized Tag Agency will be on-site on March 11 & 12 from 10:00 A.M. until 3:00 P.M. • In the event a Purchaser does not want to use the Agency that is on-site, 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 Friday, March 12 at 3:00 P.M. Neither Broward County or National Auction Company is responsible for vehicles, equipment, machinery or other items that remain at the auction site after completion of the auction. • 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 March 11 & March 12. • It will be the responsibility of Top Bidders (Purchasers) to arrange for their own transportation and removal of Non-Running items from Broward County’s property. Bidders (Purchasers) should bring their own jump-boxes or battery cables for any item that will not start on its own. • Top Bidders (Purchasers) using Towing or Transport Services will be required to be present when vehicles are being removed from Broward County property. • Top Bidders (Purchases) will be required to sign a receipt that shows delivery of purchased vehicles or equipment. 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: • 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 just 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. BLVD), 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. 13.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 National Auction Company Licensed Real Estate Brokers & Auctioneers (AB640 • AU899)