TERMS & CONDITIONS OF SALE

BOARD OF COUNTY COMMISSIONERS
BROWARD COUNTY, FLORIDA
FLEET SERVICES DIVISION

TIMED AUCTION OF SURPLUS
OBSOLETE BUS PARTS

February 2024

1. SCOPE:

• The Board of County Commissioners, Broward County, will conduct a public auction of County-Owned Obsolete Bus Parts. These parts have been declared surplus to the needs of Broward County Transit Authority.

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 Wednesday, February 21, at 3:00 P.M. and will end on Thursday, February 29. Lots will start closing at 3:00 P.M. All times used for this auction are based on Eastern Standard Time (EST).
• The auction website will make use of staggered closing times, but all bids will end on Thursday, February 29.
• All top bid prices will be reported to authorized Broward County staff. Bids received after published closing times will not be accepted except those that fall under the conditions of Bid Extensions.
• Bid Extensions
  a. 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.
  b. Extensions will continue until no further bids are received.
  c. This process is under the control of Proxibid and not the Auctioneer.
• All of the Obsolete Parts included in this Timed-Bid Auction are offered Subject to the Confirmation of all top bid prices.
  a. In the event top bid prices are not confirmed by Broward County personnel, items may be withdrawn and included in an auction to be conducted at a future time.
  b. It is expected all Top Bidders will be notified their bid has either been accepted or rejected no later than 24 hours after the closing date of the auction.
• 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 INVENTORY:

• The inventory of parts scheduled for inclusion in this auction is not available for preview. Prospective bidders are encouraged to review the inventory lists that are included on the Auctioneers website.
• The Auctioneer and his staff have provided information pertaining to all of the lots that are included in the auction.
• Inventory lists were provided by Broward County Transit, and stated quantities are not guaranteed.

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 the Broward County Board of County Commissioners.

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 of the parts included in this auction are specifically 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 will be considered to be 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 (s) have 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 that 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 Friday, March 1, and will continue on Monday, March 4, between the hours of 10:00 A.M. and 3:00 P.M. Payments must be made at the Broward County Transit located at 3201 West Copans Road, Pompano Beach, Florida 33069.
• 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 March 4, 2024, 3:00 P.M., Purchaser(s) may be considered to be in default, and the item(s) upon which they were deemed to be 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 Transit directing purchasers to the area designated for use by the National Auction Company.
• Broward County Transit must be accessed through the gated entrance at 3201 West Copans Road, Pompano Beach, Florida 33069. Purchasers will be required to display identification to the Security Guard for access.

9. 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 inventory being offered at this auction.
• Dealers purchasing for resale will be required to provide a copy of their 2024 resale certificate, which can be sent via email to lori@natlauction.com. If this certificate is not provided, sales tax will be charged.

10. 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 items 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.

11. REMOVAL:

• Purchased items must be removed BY APPOINTMENT ONLY. Appointments can be scheduled through National Auction Company staff members.
• Checkout must be completed no later than Friday, March 8, 2024.
• Broward County Transit will have a forklift available to assist in loading purchases.
• Neither Broward County or National Auction Company will be responsible for any damage that may be incurred when assisting with loading of purchased materials. Purchasers are responsible for strapping down their own loads.
• Purchasers must be accompanied by National Auction Company personnel when picking up purchases.
• Purchasers, trucking companies, and transporters will be responsible for securing loads.
• In the event all purchased items have not been removed by March 8, 2024, 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.
• Purchasers will be solely responsible for packing and loading purchases. Please be advised National Auction Company does not provide staffing for packing or shipping purchases.

12. BIDDER REGISTRATION:

• All bidders are required to register with National Auction Company and on the website of Proxibid.com. Each Bidder will be assigned a Bidder’s Number which will be used for the auction and checkout. The auction will be conducted on Proxibid.com and their bidder registration requirements must be complied with.

13. DIRECTIONS:

• Address: 3201 W Copans Rd, Pompano Beach, FL 33069
• FROM I-95 (Broward County)
  Exit at Copans Road and continue West to the entrance of Broward County Transit. Turn right and proceed to Security. Watch for Auction Directional Signs to the Cashiering Office of National Auction Company. This is an active Bus Service Facility and all traffic must yield to Buses and Service Vehicles.
• 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 continue to the traffic light at the intersection of Blount Road and Copans Road. Turn left and continue to the entrance for Broward County Transit. Watch for Auction Directional Signs to the Cashiering Office of National Auction Company. This is an active Bus Service Facility, and all traffic must yield to Buses and Service Vehicles.

14. AUCTION PARKING:

• Upon entry, you will be directed to designated parking. Parking will be limited to making payment and picking up purchases.

15. POINTS OF CONTACT:

• Contact Name: Walter Castillo, Warehouse Supervisor
  Contact Number: 954-357-8431
  Contact Email: Wacastillo@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