TERMS & CONDITIONS OF SALE

THE SCHOOL BOARD OF COUNTY, FLORIDA

TIMED AUCTION OF SURPLUS
SURPLUS VEHICLES & EQUIPMENT

September 2023

1. SCOPE:

• The Board of County Commissioners, Broward County, will conduct a public auction of County-Owned Vehicles and Equipment. These vehicles and equipment 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 www.natlauction.com and conducted 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 Thursday, September 28, 2023, at 3:00 P.M. and end on Tuesday, October 3, 2023, with lots starting to close at 3:00 P.M. All times used for this auction are based on Eastern Standard Time (EST).
• The auction website will use staggered closing times, but all bids will end on October 3, 2023.
• All top bid prices will be reported to The Board of County Commissioners, Broward County, Florida. Bids received after published closing times will not be accepted except those that fall under the conditions of Bid Extensions.
• Bid Extensions
• a. If 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.
• b. Extensions will continue until no further bids are received.
• c. This process is under the total control of Proxibid.
• All Vehicles & Equipment included in this Timed-Bid Auction are offered Subject to the Confirmation of all top bid prices.
• a. If top bid prices are not confirmed by Broward County personnel, items may be withdrawn and included in an auction to be conducted at a future time.
• b. It is expected all 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 and Broward County reserve the right to establish minimum opening bid prices.

3. AUCTION SITE:

• The Auction will be conducted by National Auction Company on the auction platform of Proxibid.com.

4. INSPECTION OF VEHICLES:

• The Vehicles scheduled for inclusion in this auction are not available for preview but can be seen on an appointment-only basis. Prospective bidders who want to schedule an appointment should contact George Richards at National Auction Company at (954) 658-5033.
• The Auctioneer and his staff have provided information about each item included in the auction. These descriptions are designed to provide an indication of the current condition of the items included in the auction. Photographs, videos, 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 of the vehicles. Some could be started on their own, while others were jump-started. This information is included on the Auctioneer’s website and also noted on the windshields. This information is not guaranteed, and prospective bidders should rely upon their own judgment concerning the condition of each item.
• Please be advised if there is a video that shows a vehicle could be started, it 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.
• Auction materials indicate whether or not a vehicle could be started. Those that could not be started are designated by the letters N/R, which means the vehicle does not start.
• Some of the vehicles included in this auction will have to be towed. Purchasers/Bidders must make their own arrangements for towing.
• Information is included regarding the operation of air-conditioning in vehicles. It should not be assumed air-conditioning will operate at the time vehicles are picked up.
• When these vehicles were started, if mechanical issues were observed, that information was included on the website. Bidders should not assume all mechanical issues were found. All of the items included in this auction are specifically offered in As-Is condition without warranty of any kind.
• While efforts have been made to accurately describe and illustrate the condition of each item included in this auction, it is possible all defects were not observed and/or reported.
• Information regarding odometer and/or hour meter readings might not be accurate even though efforts were made to confirm and provide correct information. In the event actual odometer and/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 needed 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 Acts 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 the 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 the 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 same 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 the 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 October 4, 2023, and will continue on October 5, 2023, 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 Road), Pompano Beach, Florida 33069-5101.
• 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 October 5, 2023by 3:00 P.M., the Purchaser(s) may be considered to be in default and the item(s) upon which they were the top bidder could be resold to the backup bidder or withdrawn from the auction at the discretion of Broward County or the Auctioneer.
• 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 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.
• Certificates of Title will be closed to include the name of the Purchaser, their address, the date the vehicle was sold and 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 on non-titled equipment being offered and sold at this auction.
• National Auction Company does not collect sales tax on titled motor vehicles which must be paid at the time of title transfer.
• Dealers who purchase for resale must provide a copy of their 2023 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 in these Terms & Conditions of sale, 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 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 could be reported to Proxibid and limit the ability to participate in future auctions.

12. REMOVAL:

• Purchased items can be removed starting on October 4, 2023 and must be removed from the auction site on or before Friday, October 6, 2023 by 3:00 P.M. Check out times are from 10:00 A.M. until 3:00 P.M. For items requiring additional time and assistance with loading, please contact the Auctioneer for an appointment so that personnel and equipment will be available.
• Neither Broward County or National Auction Company is responsible for any vehicles or equipment that remain at the auction site after completion of the auction.
• Neither Broward County or National Auction Company is responsible for any damage that may be incurred when assisting with the loading of a vehicle or equipment. Purchasers are responsible for strapping down their own loads.
• Purchasers must be accompanied by National Auction Company personnel when picking up purchases.
• It is the responsibility of Purchasers to arrange their own transportation and removal of Non-Running vehicles 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 any mechanical work on Broward County premises that goes 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.
• During checkout hours named in this document, equipment and staff will be available to assist with loading items purchased at the auction. Staff will not be available between the hours of 12:00 Noon & 1:00 P.M. Broward County staff members are not available on Friday, October 6thas the service facility is closed on Fridays.
• The equipment located at the Broward County Landfill facility will require special attention for loading and removal. An appointment must be made with the Auctioneer to arrange a time for pickup.
• 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 October 6, 2023, purchasers may be charged a fee that equals $25.00 per day per item and enforced at the discretion of Broward County.
• 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 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 each sale. 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. Entry through the security gate is restricted to pickup of purchased vehicles and equipment. Entry requires valid identification that includes a photograph.

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
  
  
• National Auction Company
  Licensed Real Estate Brokers & Auctioneers
  AB 640 • AU899