TERMS & CONDITIONS OF SALE

BOARD OF COUNTY COMMISSIONERS
BROWARD COUNTY, FLORIDA
FLEET SERVICES DIVISION

TIMED AUCTION OF SURPLUS VEHICLES & EQUIPMENT

December 2024

1. SCOPE:

• The Board of County Commissioners, Broward County, will conduct a Timed Bid On-Line 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 conducted as a Timed On-Line Auction. Bidders should register for the auction at www.natlauction.com. The Timed-Bid Auction will be 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 December 23, 2024, at 3:00 P.M. and will end on January 6, 2025. Lots will start closing at 3:00 P.M. All times stated in auction materials are based on Eastern Standard Time (EST).
• The auction website will make use of staggered closing times, but all bids will end on January 6, 2025.
• 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 falling 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, and this process is controlled by Proxibid.
• All Vehicles & Equipment included in this Timed-Bid Auction are being offered Subject to the Confirmation of the Seller, Broward County Board of County Commissioners.
• a. In the event top bid prices are not confirmed by Broward County personnel, items may be withdrawn, included in an auction to be conducted at a future time, or disposed of as determined by Broward County.
• b. It is expected all Top Bidders will be notified their bid has either been accepted or rejected no later than 24 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 and Equipment scheduled for inclusion in this auction will be available for Preview on January 3, 2025, from 10:00 AM until 2:00 PM.
• There are security rules governing this auction, and all previews will be managed by the National Auction Company. Those intending to attend the preview meet the Auctioneer and his staff after checking in with the manned Security Gate.
• The Auctioneer and his staff have provided information pertaining to each item included in the auction and designed to provide an insight of the current condition of the items being offered. Photographs, videos, and descriptions are published on the Auctioneer’s website.
• At the time information was being gathered for this auction, an attempt was made to start each vehicle and piece of equipment. Some could be started, while others were jump-started. This information is included on the Auctioneer’s website, noted on windshields and the website. This information is not guaranteed, and prospective bidders should rely on their own judgment regarding the condition of each item.
• If there is a video that illustrates a vehicle being started, this information should not be taken as a guarantee any vehicle or piece of equipment will start and run at a later time.
• 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. The initial “J” on a windshield indicates the vehicle or machine was jump-started. The initial “S” on a windshield indicates the vehicle or machine started on its own.
• Some of the vehicles and equipment included in this auction may require special equipment to remove them from the auction site. The County does not have specialized equipment to assist with loading vehicles or equipment that could not be started.
• Some of the vehicles included in this auction will have to be towed. Purchasers/Bidders must make their own arrangements for towing.
• Information has been provided to indicate whether or not air conditioning was operating at the time the vehicle was being prepared for the auction. It should not be assumed that air conditioning will operate at the time vehicles are picked up.
• When these vehicles were started, if mechanical issues were observed, that information has been included on the website. Bidders should not assume all mechanical issues were found. All of the vehicles and equipment 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 vehicle and/or equipment included in this auction, it is possible all defects were not observed and or reported.
• Information regarding odometer or hour meter readings might not be accurate even though efforts have been 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 that the 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 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 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, and machinery 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 confirmed 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 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, ZELLE, or other similar payment platforms are not acceptable forms of payment.
• Payments can be made by 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 January 7, 2025, and will continue through January 9, 2025, between the hours of 10:00 A.M. and 3:00 P.M. Payments must be made at the Broward County Fleet Services Administrative Office at 1600 NW Blount Road, Pompano Beach, Florida 33069-5101.
• In the event a Top Bidder has purchased more than one item, payment in full is required before any item can be removed from Broward County property.
• In the event payments have not been made by January 9, 2025at 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 may be resold to the backup-bidder, or withdrawn from the auction at the discretion of Broward County or National Auction Company.
• 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 the 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 the National Auction Company.
• Before vehicles leave the auction site, Purchasers must take the Certificate of Title to an authorized Tag & Title Agency. After payment in full is made, the Certificate of Title will be released to the Purchaser. Purchasers will be required to provide a copy of the Receipt from an authorized Tag & Title Agency, which indicates the Title has been transferred out of the name of the Broward County Board of County Commissioners. Registration fees and Sales Tax must be paid when 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 the 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.
• It is expected Certificates of Title will be available at the time payments are made by Purchasers.

10. SALES TAX:

• Florida Sales Tax will be calculated on the full purchase price, defined as 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 2024-2025 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 National Auction Company, 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 January 7, 2025, and must be removed from the auction site on or before January 9, 2025, 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 nor National Auction Company is responsible for any vehicles or equipment remaining at the auction site after completion of the auction.
• Broward County and National Auction Company are not responsible for damage 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 or tire.

13. CHECK OUT FOR TRANSPORTERS OR TOWING COMPANIES:

• Purchasers who contract with Towing or Transport Services must be present when vehicles or other items are being removed from Broward County property. In the event Purchasers are not present at the time of pickup, the Purchaser must provide information to the Auction Company, which identifies the company or person that has been authorized to pick up the vehicle or equipment. Vehicles will not be released to Towing or Transport Companies without written instructions having been received by the National Auction Company.
• All Towing and Transport Companies are required to check in at the Security Gate before entering and advise the name of the Purchaser who has employed their services.
• Purchasers, trucking companies, and transporters are responsible for securing loads.
• Keys to vehicles being transported will be available at the on-site office of the National Auction Company. Truck Drivers contracted by Purchasers must report to the Auction Office, where they will be required to sign a receipt for each vehicle being picked up. A vehicle release form will be required to remove any vehicle or machine from Broward County property. The release must be provided to Security Gate Personnel.
• Purchasers and/or Transporters will be required to sign a receipt acknowledging receipt of purchased vehicles or equipment. Receipts are required for the removal of any item from Broward County property. Each item will be subject to verification by security personnel posted at the main gate.
• During checkout hours, 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 is not available on Fridays when the service facility is closed.

14. DEADLINE DATE FOR REMOVAL:

• In the event all purchased items have not been removed by January 9, 2025 and purchasers may be charged a fee that equals $25.00 per day per item and enforced at the discretion of Broward County.
• Items that have not been removed by January 9, 2025, will be considered abandoned and disposed of at the discretion of Broward County.
• It is understood additional time may be required for purchasers to remove some items. Accommodations will be considered but it is expected arrangements will be communicated to National 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.

15. BIDDER REGISTRATION:

• All bidders will be required to register with the National Auction Company on the Proxibid.com website. Each Bidder will be assigned a Bidder’s Number. The Bidder’s Number will be recorded for each sale. The auction will be conducted on Proxibid.com, and bidder registration requirements must be complied with.

16. 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.

17. AUCTION PARKING:

• There is a parking lot located on the south side of the main entrance of Broward County Highways & Bridges. 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 for pickup of purchased vehicles and equipment. Entry requires valid identification that includes a photograph.
• Purchased vehicles cannot be left in this parking lot, and those parked there may be subject to being towed.

18. POINT OF CONTACT:

• Auctioneer: National Auction Company (AB640)
  Contact Name: George Richards (AU899)
  Contact Number: 954-658-5033 (Email: grichards@natlauction.com)
  Auction Cashier: Lori Brown (Email: lori@natlauction.com)

National Auction Company
Licensed Real Estate Brokers & Auctioneers
AB640•AU89920