TERMS & CONDITIONS OF SALE

BOARD OF COUNTY COMMISSIONERS
BROWARD COUNTY, FLORIDA

FLEET SERVICES DIVISION

TIMED-BID AUCTION OF SURPLUS PARTS
June 2023

1. SCOPE:

• The Board of County Commissioners, Broward County, will conduct a public auction of County-Owned Parts consisting of engines, transmissions, and items listed in the inventory which have been declared surplus to the needs of Broward County. These parts were used in connection with the Broward County Transit Division.

2. AUCTION DATE:

• This auction will be a Timed On-Line Auction and 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 June 8, 2023, at 3:00 P.M. and will end on June 13, 2023, with lots starting to close at 3:00 P.M. The auction platform will use staggered closing times, but all bids will end on June 13, 2023.
• All bids will be reported to The Board of County Commissioners, Broward County, Florida, Fleet Services Division. The top bid and next highest prices 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, bidding 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.
• All inventory 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 In the event top bid prices are not confirmed by Broward County personnel, items may be withdrawn from the auction and placed in an event to be conducted at a future time. Top Bidders are expected to 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; however, amounts of bid increment increases are controlled by Proxibid. 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 auction platform of Proxibid.

4. INSPECTION OF INVENTORY:

• The inventory included in this auction will not be available for Preview as they are stored at Broward County Transit, with restricted public access. Those requiring a preview of the inventory can schedule an appointment with the Auctioneer at (954) 658-5033.
• Information will be provided describing this inventory to the best of the Auctioneer’s ability. Photographs and descriptions will be published on the Auctioneer’s website.
• 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 the inventory included in this auction; however, it is possible all defects and/or missing parts were not observed.
• Information describing these parts was provided to the Auctioneer by Broward County. This statement does not guarantee any engine or transmission is complete, operable, or repairable.
• Specific information not included on the website can be obtained by contacting George Richards at (954) 658-5033.

5. CONDITIONS OF SALE AND DELIVERY-TERMS AND INDEMNIFICATION:

• Broward County, as a casual seller, is selling surplus Parts 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 the 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 nor National Auction Company makes any warranties or guarantees, expressed or implied, to the operation or condition of this inventory. Even though great effort has been made to ensure 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 email 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 that guarantees payment for purchases made at this auction.
• Credit cards and Zelle will not be accepted 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 on June 14 and June 15 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 Blount Rd (NW 31 Avenue), Pompano Beach, Florida 33069, between the hours of 10:00 A.M. and 3:00 P.M. ONLY.
  b. 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.
• Signs will be posted at Broward County Fleet Services directing purchasers to the area designated for use by National Auction Company personnel.

8. BILL OF SALE:

• Purchasers will be given a Bill of Sale for items describing each according to the Lot Number. 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 the 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 herein or agreed to by the County, deposits and/or payments made will be forfeited, and inventory 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.

10. REMOVAL:

• Purchased items must be removed from the auction site as soon as possible but not later than June 16, 2023. Neither Broward County nor 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.
• 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 inform the National Auction Company 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 and Broward County Fleet Services. The address for access at Broward County Transit is 3201 West Copans Road, Pompano Beach, Florida 33069. The address for Broward County Fleet Services is 1600 NW 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 the National Auction Company on their Proxibid auction page. 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-BROWARD COUNTY TRANSIT:

• 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 Copans Road and turn right. Watch for the entrance for Broward County Transit.

13. DIRECTIONS-BROWARD COUNTY FLEET MANAGEMENT:

• 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 Broward County Highways & Bridges entrance. Turn left and continue to the Guard Gate for access.
  
  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 past Copans Road to the entrance of Broward County Highways & Bridges and turn left to Guard Gate for access.

14. 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