Terms of Sale
Successful bidders will be notified at end of respective sale (Government or Public), 11:55pm or later via email used with the bidder profile during registration until all items are sold or it is in the best interest of Lane County to end sale. Payment due within 48 hours of notification.
All bids must be submitted electronically. No voice, over the phone, paper or fax bids will be accepted.
Acceptable forms of payment include: Credit Cards (Only Visa/Master Card/Discover), Cashiers Checks, Certified business checks, Money Orders, Check issued by a public agency (for municipal sale only) with supporting identification that issuer is employed by said Agency, Personal checks not to exceed $50 (returned checks are subject to a $35 fee + the original amount of the purchase). We do not accept Cash.
Descriptions are believed to be correct, but are not guaranteed. Lane County will not be held responsible for advertising errors or omissions.
All sale items are being offered "as-is", "where-is", "with defects", and "without any warranties".
Successful bidder is responsible to purchase all winning bids. Lane County will reject any bid that does not meet these terms of sale upon finding of the agency that it is in the public's best interest to do so. Payment must be made within 48 hours of winning notification or bidder agrees per terms and conditions of use of this site that said item(s) will be forfeited and awarded to the next highest bidder. This will be enforced as to maintain administrative costs of the Auction. Payment must be made in full, Lane County does not offer net terms, down payments, or "hold" payments in regards to Auction.
In the event of tie bids during the course of the Government Auction, the public agency deemed "smaller" per lane code will be awarded the item(s).
OR State Rules
279A.070 Rules. In addition to rules adopted under ORS 279A.065 (6), a contracting agency may, in exercising authority granted under ORS 279A.050, adopt rules necessary to carry out the provisions of the Public Contracting Code, including but not limited to rules for procuring, managing, disposing of and controlling goods, services, personal services and public improvements under the Public Contracting Code. Each contracting agency authorized to enter into personal services contracts shall create procedures to screen and select persons to perform personal services. [2003 c.794 §11; 2003 c.794 §11a; 2013 c.522 §5]
Lane County Manual - Regarding disposal of property
60.405 Disposal of Unclaimed Personal Property and County-Owned Surplus Property.
(a) Pursuant to ORS 279A.070, personal property in the County's possession, whether unowned or unneeded by the County, must be disposed of under the supervision of the County financial officer. Disposal must be made by sale, transfer to other governmental bodies or non-profit organizations, or discarding.
(b) The policy in this section does not apply to unclaimed, lost or abandoned property coming into the possession of the County, where disposition is specifically subject to Oregon Statutes, such as: vehicles, bicycles, intangible personal property, stolen property where the owner is known, seized concealed weapons, and property of a deceased person taken into possession by the County.
(2) Certification of Unclaimed and Surplus Personal Property.
(a) Unclaimed Personal Property. Before disposition of any unclaimed personal property in the County's possession, the Director of the Department in custody of the property must certify to the County financial officer that a reasonable effort to identify and locate the owner of the property has been unsuccessful. Upon such certification, and with the approval of the County financial officer, the certifying Department may retain any certified property for County use.
(b) Surplus Property. Before County-owned personal property may be disposed of as surplus, the Director of the Department in custody of the property must certify to the County financial officer that such property is surplus as to that Department.
(3) Disposal of Certified Unclaimed and Surplus Personal Property. The County financial officer, or the officer’s designee, must establish procedures for storage and disposal of certified unclaimed and surplus property. Such procedures may include:
(a) Circulating lists of selected items to other County Departments, other governmental organizations, and non-profit groups.
(b) Preferential consideration for cities and school districts located within Lane County, and for other Oregon local agencies, for disposal of certified surplus vehicles and motor-driven equipment, as follows:
(i) The fair market value of the surplus vehicles and equipment must be established by the Department Director or Director’s designee.
(ii) Before surplus vehicles and equipment are offered for public sale, all school districts and incorporated cities within Lane County must be notified in writing of the availability of such surplus vehicles and equipment. The notice must include, at a minimum, a list of surplus vehicles and equipment, the established fair market value for each, the date by which an irrevocable offer to purchase must be received from a school district or city, and the date on which such offers will be reviewed. Such notice may be sent to other Oregon local agencies that may be interested in such equipment, along with notice that priority will be given to offers from cities, schools, and other agencies within Lane County, as provided in subsection (iii) below.
(iii) In the event that more than one offer is received for a vehicle or unit of equipment, acceptance of the offers will be in the following order of priority:
1. An offer from a city. If an offer is received from more than one city, priority will be given to cities based upon each city's population, in order from smallest to largest.
2. In the event that no offer is received from a city, an offer from a school district will be given priority. If an offer is received from more than one school district, priority will be given to the school districts based upon each district's enrollment, in order from smallest to largest.
3. In the event that no offer is received from a city or school district within Lane County, offers from other Oregon local public agencies will be given priority in the following order: agencies located within Lane County, followed by agencies outside Lane County.
(iv) After offers from cities, school districts, and other local agencies have accepted or rejected, a final list of any remaining surplus vehicles and equipment must be prepared for public sale.
(c) Public sale. Public sale must be made by public auction or sealed bid, after advertising pursuant to LM 20.055 not less than 2 weeks prior to the time for receipt of bids. For sales estimated at $100,000 or less in total value of property sold, a public opening of bids is not required, provided that the Department notifies bidders of the results of the auction or sale within 14 days following the closing of bids. Such notice may be given by a posting on the County's internet site. Auctions or sales may be conducted through publicly-available third-party electronic bidding services. Acceptance or rejection of the bid price will be at the discretion of Lane County.
(d) Sale of individual items with an estimated fair market value of less than $1,000, or items remaining unsold after a public auction, may be conducted by posting the items for sale on one or more publicly-available electronic marketplaces. At the discretion of the County financial officer or designee, resulting sales may be made for nominal sums if, in the officer's or designee's judgment, the offer received is reasonable given the nature of the property and current market conditions.
(e) Discarding when, in the judgment of the County financial officer or the officer’s designee, the property is of such low value that it should be discarded.
(4) Limitation on Sales to County Employees. Surplus County may not be sold or transferred to any County employee, except through public auction or sealed bid in accordance with this section.
(5) No Warranty. No warranty or guarantee may be made as to the condition of any item offered for sale. All surplus property is offered for sale "as is and where is," without recourse against the County.
(6) Terms of Purchase. All property must be paid for in full during the sale, and purchaser must accept legal title to the property prior to removal from the sale site.
***Note - Section regarding Firearms and Police Dogs has been omitted as the Fleet Auction does not sell/Dispose of such items.
Lane Manual 2.185
2.185 Public Records on County Internet Website.
The purpose of this policy is to provide procedures for Lane County in distributing public records information on the County Internet website that contains certain personal information. The following objectives were used in guiding this policy:
(1) Allow public ease of access to public records information that is currently being provided at County offices;
(2) The law may prohibit the County from disclosing certain personal information about members of the public; other personal information should be protected where feasible;
(3) Recognize that individuals who demonstrate a danger to personal safety or to the safety of a family member residing with them may request that a record containing their home address and telephone number not be disclosed;
2-12 WP l/ma/00008.Chapter2/T 2.187 Lane Manual 2.189
(4) Promote public trust and confidence in the use of services and information provided by the County Internet website;
(5) Inform the public about the practices, procedures and principles for public records information that is distributed on the County Internet website. (Revised by Order No. 02-3-12-4, Effective 3.12.02)
This policy applies to public records information distributed from Lane County Internet websites that contain personal information as that term is used in Oregon Public Records Law, applicable regulations, or judicial interpretations of these. (Revised by Order No. 02-3-12-4, Effective 3.12.02)
(1) Personal Information. It is the County’s intent to balance the public’s interests in access to public records information on the County Internet website (now available only in County offices) and to protect certain personal information from disclosure when required and when feasible. The County intends to not distribute to the public the following personal information on the County Internet website:
(a) Social security number;
(b) Driver license number;
(c) Mother’s maiden name;
(d) Credit card information;
(e) Bank account information;
(f) Residential telephone numbers;
(g) Health or medical records;
(h) Place of birth.
It is the County’s intent to comply with all applicable laws and regulations which prohibit disclosure of certain personal information about members of the public. This includes some of the information in the list above.
Placing public records information on the County website may increase the availability of that information, as well as increase the risk of disclosure of personal information that may not otherwise be prohibited from disclosure. This may include other information listed above. Due to budget constraints, it is not feasible for the County to review each specific record or type of data prior to such a potential disclosure through the County website. It is the County’s intent to only distribute on the County website types of data or documents:
(a) Where a majority of the data or documents would not contain personal information of the type listed above, and or,
(b) Where a majority of the data or documents may include such personal information in a common location which can be deleted by that common field. The purpose of this policy is to balance the competing objectives of making public documents and data from those documents more readily available on the County website, but limiting the occurrence of disclosure of personal information not otherwise prohibited from disclosure. The County shall determine, in its discretion, the types of data and documents which meet the criteria above. Nothing in this policy is intended to create a cause of action arising out of the County’s implementation of this policy.
(2) Non-Disclosure for Personal Safety Reasons. Public records information distributed from the County Internet website will comply with ORS 192.445. In certain instances, this will require the County Internet website to not release or make available a specific public record indicating the home address or telephone number of an individual
that has made a request and has demonstrated there is a danger to personal safety or to the safety of a family member residing with them if the public record is disclosed.
(3) Approval Process Distributing Public Records Information. Lane County Technology Management Team (TMT) is delegated the responsibility to review and approve the types of data and documents to be distributed on the County Internet website in accordance with this policy, including consideration of budgetary constraints. Departments will submit requests for Internet distribution approval per policy guidelines.
(4) Related Policies, Guidelines or Standards. The County Administrator is the delegated authority to adopt administrative procedures and guidelines to implement this policy. (Revised by Order No. 02-3-12-4, Effective 3.12.02)
Web Accessibility information
Lane County has a responsibility to provide effective access to its website information to those with disabilities unless there is undue burden on Lane County staff or when doing so would result in a fundamental alteration to the service. In placing information on the County website, the Lane County Information Services Department uses, as guidance, the technical standards adopted by the Architectural and Transportation Barriers Compliance Board (Access Board) for electronic and information technology http://www.access-board.gov/sec 508/guide/1194.22.htm. It is an ongoing goal of the Information Services Department to publish web based information utilizing these standards when reasonably feasible and appropriate.
If you have any accessibility problems with any of our web pages please report them to the Lane County Web Master email address firstname.lastname@example.org.
Liability Disclaimer and user agreement
This Web site is offered to you, the user ("User"), conditioned
on acceptance of the terms, conditions, and notices contained herein, without modification. User access and use of this site constitutes acceptance of these terms and conditions.
This is a Lane County computer system, provided as a public service. Government personnel and the general public may use this system to review and retrieve publicly available government information. User agrees to use this Web site as permitted by applicable local, state, and federal laws. User agrees, therefore, not to: 1) knowingly and without authorization, alter, damage, or destroy Lane County's or another user's computer system, network, software, program, documentation or data contained therein; 2) use this service to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, taking action which results in blocking access to this Website by other users will be deemed an unauthorized use.
Anyone using this system expressly consents to administrative monitoring at all times. You (User) are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you (User) do not wish to consent to monitoring, exit this system now.
Disclaimer Of Liability And Reliability
In preparation of these sites, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, Lane County disclaims any responsibility for typographical errors and accuracy of the information that may be contained on Lane County Web pages. The information and data included on Lane County servers have been compiled by Lane County staff from a variety of sources, and are subject to change without notice to the User. Lane County makes no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data.
In any situation where the official printed publications of Lane County differ from the text contained in this system, the official printed documents take precedence. The services, information, and data made available at the Lane County website are provided "as is" without warranties of any kind. Lane County makes no representations or warranties regarding the condition or functionality of this Web site, its suitability for use, or that this Web Service will be uninterrupted or error-free.
If misleading, inaccurate or otherwise inappropriate information is brought to our attention, a reasonable effort will be made to fix or remove it. Such concerns should be addressed to the page sponsor listed on each Web page.
Links To Third Parties' Web Sites
There are links and pointers to third party Internet websites contained in Lane County's website. These sites linked from the Lane County website are not under the County's control. Lane County does not assume any responsibility or liability for any information, communications or materials available at such linked sites, or at any link contained in a linked site. Lane County does not intend these third party links to be referrals or endorsements of the linked entities by the County, and are provided for convenience only. Each individual site has its own set of policies about what information is appropriate for public access. User assumes sole responsibility for use of third party links and pointers.
Disclaimer Of Damages
By using Lane County Web pages, the User assumes all risks associated with the use of this site, including any risk to User's computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a Lane County Web page or User's access to it. Lane County shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on the Lane County Web site or with the delay or inability to use this web site, or from any information, documents, services, software, or other material obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if Lane County and/or any of its employees/affiliates has been advised of the possibility of damages. Lane County shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon information furnished.
Disclaimer Of Association With User
User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and Lane County as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent, or employee of Lane County and Lane County shall not be liable for any representation, act or omission of the User.
Disclaimer Of Endorsement
Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Lane County. The views and opinions of authors expressed herein do not necessarily state or reflect those of Lane County, and shall not be used for advertising or product endorsement purposes.
Disclosure Of Information About User
Information provided exclusively to Lane County by a user through this Website may be subject to Oregon's public records law and other state and federal laws governing records disclosure/confidentiality for public entities. By way of example, and not as a limitation, Lane County will, whenever possible, seek to keep personal information about a user confidential if public disclosure would lead to an unreasonable invasion of privacy, unless a third party sufficiently demonstrates that the public interest requires disclosure under particular circumstances.
Use Of Bulletin Board, Or Any Other Communication Or Interactive Forums
To the extent that this Web site contains or may in the future contain bulletin boards, discussion webs, chat rooms, or other message, interactive or communication facilities involving Lane County and other users ("Forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a Forum, the User shall not violate the law by:
Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
Publishing, posting, distributing, or disseminating any defamatory, infringing, obscene, indecent or unlawful material or information.
Uploading or downloading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
Deleting any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
Falsifying the origin or source of any material contained in a file that is uploaded.
Knowingly introducing viruses, corrupted files or any other similar software or programs that may damage, alter or destroy this Website or the operation of another's computer system, network, software, program, documentation or data contained therein.
Knowingly accessing or attempting to access or use Lane County's computer system, computer network, or any part thereof, including this Website, for the purpose of devising or executing any scheme or artifice to defraud; obtaining money property or services by means of false or fraudulent pretenses, representations or promises; or committing theft, including but not limited to theft of proprietary information.
User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this Web site only as permitted by these terms and conditions, any additional policies or procedures published in this Web site from time to time by Lane County, and applicable law.
Lane County reserves the right to remove any contents of this Website received from users for violations of Lane County forum use policies and other applicable regulations and law, including violations of others' constitutional rights. Lane County reserves the right to edit any notices or postings for length if and when such length interferes with other users' access to and use of this forum.
The User acknowledges that chats, conferences, bulletin boards, discussion webs and any other such interactive or communications' forums hosted by this Web site are public and not private communications. Further, the User acknowledges that chats, posting conferences, discussion webs and other communications by other Users are not endorsed by Lane County, and such communications shall not be considered reviewed, screened, or approved by Lane County.
As a condition of use of Lane County's Web site, the User agrees to indemnify Lane County, its Commissioners, officers, employees and agents against any and all liability, expenses (including attorney's fees) and damages arising out of claims resulting from User's use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
This Agreement is governed by the laws of the State of Oregon, USA. User consents to the exclusive jurisdiction and venue of courts in Lane County, Oregon, USA in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Lane County's performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Lane County's right to comply with law enforcement requests or requirements relating to the User's use of this Web site or information provided to or gathered by Lane County with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Closing Of Agreement
This Agreement constitutes the entire agreement between the User and Lane County with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Lane County with respect to this Web site. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.