HomeMy WebLinkAboutR-02-0358J-02-138
3/21/02
RESOLUTION NO. 02-- 358
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE LICENSE AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORMS, WITH COSTAR
GROUP FOR THE SUBSCRIPTION LICENSES TO COSTAR
PROPERTY AND COSTAR COMPS FOR THE OFFICE OF
ASSET MANAGEMENT FOR A PERIOD OF ONE YEAR, IN
A TOTAL AMOUNT NOT TO EXCEED $17,500;
ALLOCATING FUNDS FROM ASSET MANAGEMENT
GENERAL OPERATING BUDGET, ACCOUNT CODE
NO. 810101-270.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is authorized!' to execute
License Agreements, in substantially the attached forms, with
CoStar Group for the subscription licenses to CoStar Property and
COMPS for the Office of Asset Management for a period of one
year, in a total amount not to exceed $17,500, with funds
allocated from Asset Management General Operating Budget, Account
Code No. 810101-270.
1 The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
ATTACHMENT 'V.F,ae)
CON aA IE.
CITY C0bMSSION
MEETI 3 6F
APP 1 1 2002
Resolation No.
02- 358
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
PASSED AND ADOPTED this 11th day of April 2002.
ANUEL A. DIAZ, MAY
ATTEST:
P ISCILLA A. THOMPSON
CITY CLERK
APPROVED
W6001:
RRECTNESS�
21 If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 2 of 2 02— 358
CoStar PropertyT"MoStar Tenant"""
License Agreement Subscription Form
t
AE: Tom Russell
Routing Code: HE
Real Estate Information
Licensee: City of Miami Office of Asset Management Name (Licensee): Same
Bill -to Contact: Laura Billberry Site Contact:
Address: 444 SW tad Ave., 3`d FL Address:
City: Miami St: FL Zip: 33130 City:
St: Zip:
E-mail: lorib@ci.miami.fl.us E-mail:
Telephone: 305416-1401 Ext: Telephone:
Ext:
Co/Location Code: KU2 V -I Fax: 305416-2156 Co/Location Code:
Fax:
Billing: Monthly ® Quarterly ❑ Yearly ❑ Two Year Initial Term
New Customer: ........................................................ Yes ® No ❑
Existing Customer (New Tenn): .................................... Yes ❑ No ®
If Yes, Then Start Date (First date of next month):
ExistingCustomer eco Product): .... ..................... ....... Yes ❑ No
Total No.
Sites: I
Total No. CPUs all Sites
(installed products only): 8
Total Noof
.
Users all Sites: 8
PavmentMethod:
Credit Card ❑
Check
Site # Market Product Description
Monthly License Fees
(Before Tax)
I South Florida Costar Property Office/Flex/Ind. Data Images
$475.00
Total Monthly License Fees:
$475.00
One Time Set-Up/Installation/Training Fee (Per Site): $750
Notes:5 additional users at no charge. If this agreement and the COMPS agreement are executed simultaneously, the Licensee shall only be charged one
installation/training fee of $750 and not two (one for each).
This Subscription Form, including the Terms and Conditions, any Terms of Use and any addenda or exhibits attached hereto (collectively, the "Agreement'),
between the above-named Licensee and Costar Realty Information, Inc. ("CoStar") establishes the terms and conditions under which Costar will license the
products set forth in this Agreement, and supercedes any prior oral agreements with respect to such subject matter, provided, that the parties agree that this
Agreement does not supercede any other written license agreement between the parties unless expressly provided for herein. Attached to and incorporated into this
Agreement are the Terms and Conditions, which have been initialed by Licensee and are an integral part of the Agreement being formed hereby. Terms used on
this Subscription Form and not otherwise defined shall have the meanings set forth on the Terms and Conditions. In addition, this Agreement incorporates the
Terns of Use for the Licensed Product, if applicable, (the "Terms of Use") available online at www.costar¢rouo.com. which may be modified from time to
time and at any time without notice to Licensee. By using the Licensed Product, Licensee agrees to comply with the Terms of Use and to regularly review such
terms for updates and changes. Licensee is responsible for providing a Windows 95, 98 or NT 4.0 based computer and modem with a baud rate not less than 28.8.
In the event that Licensee does not execute this Agreement by the following date/02 15/02. the terms of this Agreement shall become null and void; provided,
however, that notwithstanding the foregoing, if Licensee executes this Agreement after such date and Costar countersigns this Agreement, then this
Agreement shall be valid and binding on both parties. In addition to anything set forth herein, Costar may: (1) not more than one time during any calendar
year, increase the License Fees from time to time by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers,
Seasonally Adjusted, US City Average, All Items between the effective date of this Agreement or the date of the most recent increase in Licensee Fees,
whichever is later, and the effective date of the current increase in License Fees; and (2) at any time during any Renewal Term, on not less than sixty (60) days
notice, increase the License Fees for any portion of the Licensed Product, provided, that if Licensee does not agree to such increase, then Licensee may
terminate this Agreement with respect to such portion of the Licensed Product by giving written notice of termination to CoStar not less than thirty (30) days
before the effective date of the increase, and this Agreement shall terminate with respect to such portion of the Licensed Product on the date on which the
increase otherwise would have become effective.
The person executing this Agreement on behalf of Licensee represents and warrants that he or she has been authorized to do so, and that all necessary actions
required for the execution have been taken. Costar hereby provides notice that only an authorized officer of Costar can execute this Agreement on behalf of
Costar. The parties hereby acknowledge that this Agreement may be executed and delivered by facsimile and such facsimile shall constitute a legal and
binding agreement on the parties.
CoStar Realty Information, Inc. Licensee
Name:
Title:
Date:
Address: 2 Bethesda Metro Center, Bethesda, MD 20814
Name (print):
Title:
Address:
Fax #:
Date:
Page 100-2—
of -2— 3 58
CoS . Property""/CoStar Tenantrm Terms and Conditions
This Agreement between Coster, as kensor, and Licensee, concerns a Vodud lite elan electronic database developed and maintained by Coster wrltislig d: (A) a poWistary database (fha'D"MI d tommrdal real Mak
Hormelion, including bat not limited to, to data, text platogropitic and other mages and Information conai ed therein (cateafvely, the 'Dotal and to proprietary kxmats and structures far ategodm8, sating and orpaNrlrp 96
Data, and (8) related a*— (tor 'Soft—el. The Soawers and Database, Including any updates or modifications ttereb, at collectively related to hien as to'Pmdud.' Those porgae of the Product that are tamed
hereunder. kdu*v ay updates or modifications provided therAa, and arty trdamafan derived from tine use of the Product including as a result of the verification of any portion of the Product by Licensee. are odbetively
refired to herein as de licensed Product.'
1. tet . (a) During the tom of this Agreement, Coster hereby grants to Licensee a nonexclusive,
nomimeterabk kora to use only Ulm palons of the Licensed Product that are expressly identified ado
fle Schedule of Services on the front page of this Agreement (U» 'Subscription Form'), wb)ect to and In
accordance with the terms and conditions of this Agreement. Fa any portion of the Licensed Product that is
instated at Licensw'a aloe, Ucemea may use tea ucerned Pmduct ady on ger number of CPU units staled
w it* Subscription Form and coy at err silks tdm#W on the Subscription Form, however Indents! usage
of the licensed Product on lapaps is pw~ Vow" 2* such usage compiles with all oOr toms and
conditiats hared. The Licensed Product may be used by no more than the number of users set forth on the
Subscription Form. All of such users (the'Aulnaked Users") must be individuals: (a) employed by Licensee
or an Independent Contractor (as defined below) of licensee at a site identified on tea Subscription Form; (b)
designated by Licensee as an employee or Independent Contractor requiring access to the Licensed Product:
and (c) Included on Costars tet of Audiorized Users of the Licimsed Produce An •Independent Contractor is
defaced as an Individual person working for Licensee and performing substantially the same services for
Licensee as to employees of Licensee, provided, that under m tkwmstances slat an Independent
Contractor refer to an entity performing outside services for Licensee. Remote access to Licensed Products
instated on a stand done coi puter or on a nehwr" is prohibited. IJames will ensure teat access to
and use of tea Licensed Product and the user names, PIN numbers and passwords (collectively, to
'passoodes') used to access the Licensed Product are available only to Authorized hers, and will m1
allow anyone other teen an Authorized User access to the Licensed Product, or passcodes for any
reason. Licensee agrees to provide Coster with die following Information with respect to each Authorized
User: user name, address, phone and fax msnbem e-mail address and occpa6on. (b) For any potion of
the Licensed Product that is to be Installed at Licensee's site, Licensee agrees to take installation of
such Licensed Products ji) tot are currently in release within thirty (30) days of the date of signature
of this Agreement by CoStar, and 0) that are est crmendy in release within thirty (30) days of teas delivery to
the marketplace by Coster.
2. VA. (a) During the term of itds Agreement Lloensee may: (1) use tea licensed Product for Licensee's
internal research purposes, (2) reproduce Insubstantial portions of the Data nduded in the Licersed Product
b provide kdamaton regardnp partiadar Poper ios in the ordinary course of its busiess to its diads and
prospective diads or to market such Dopa i ea. and (3) use the licenced Produclfor Purposes of gorwalig
periodic market research reports ores ad by Licensee in the on nay course of its business for Wtouse use or
for clients' a prospective clients' use, provided tlr such reports (i) do not contain building-spocifa a ser ad-
specNb Data. (n do not reproduce Data In a formed, arrangement or layout vat's similar to that in which it
appears in its Licensed Product and (N7i we not commercially m generally distributed. (b) Except as set forth
in Section 2(a), Licam se shelf not (1) distribute, disclose, copy, reproduce. display. publish, transmit assign,
subliames transfer, provide amass to, use or ad, directly or bakectly (including in electronic form), any
portim of me Licensed Product or (2) modify or create derivative works of tie Licensed Product. (c)
Notwithstanding any other provision herein, Licensee shat not (1) upload, post a otherwise tarsrnit my
potm of ton Licensed Product on, or provide access to any portion of to Licensed Product through. the
Internet, any bulletin board system, any other electronic network, any data library, any Ostng service or any
other data sharing ameger enl not restricted exclusively to Liceruee and to Aulnerked Users, except that
Licensee may e-natl a report containing Dae that complies with this Section 2 to a grilled number of is
clients and prospective clients: (2) use any portion of the Licensed Product b creak, directly a Indh*, any
database or other product directly or kWh* competitive with any Portion of the Licensed Product: (3)
preside, disclose or Variant any porion of the Licensed Product to any dyed or Indirect competitor of Coster,
(4) negate or nwhporals more tan an itwbsfanfal Patios Of the Licensed Product into any oiler
database: (5) modify, merge, dewmple, disassemble or reverse engineer any Patton of the Licensed
Pwdak (6) use, coproduce, publish or cemgits any Data for the purpose Of SAN Or licenskg such
information or making such information publidy ovatable a (7) use or dsbaute Data that has been visited a
confirmed by Boase for ton W" of developing, or contributing to M development of any database, product
a service est may compete with tie Licensed Produd
3.Umersf ora . Licenses acknowledges that CoStar and its 6consaa have and shot retain exclusive ownership
of all proprietary 6" in or to fle Licensed Product Including the formed end presentation thereof. Licenses
shall have no it* or iderest In any pordw of the Licensed Product except le right to use IN Licensed
Product as set lath herein. Licensee acuawledges that the Database has been seated, compiied, prepared,
selected and merged by Coster t mugn the expenditure of arbstintial time, effort and m mey, and that the
Sofivare, Database and its Data constitute to valuable "" and confidential copyrighted WIWMban Of
Costa (colleclvdy, it* 'Pmp wtary nformadonj. Licensee agrees to take all necessary precau6m4 to
mailman tis anfidesttoky of such PmPktary ldmation, to amply with all wpyrirjA, trademark, trade
secret paced, contract and obs laws necessary to Voted at rights in the Proprietary Informdon, and to not
remove, conceal or obliterate any copyright or other proprietary notice Included in the Ucansed Product.
L.iceosee shat be table for any violation of its MvWm of this Agreement by any Authomed User and by
Liomo e's employees, Independent Contractors, affiliates and agents and for am umulonzed use of the
Licensed ProduW. Licensee agrees to keep the tams of On Agremmd sadly confidential.
4. T$mh. The term of this Agreement anal begin on the data of signawe by CoStar (the "Start Date'), shat
continue for the WW term specified an the Subscription Form (tre'kdtial Terml, and shall expire at the and
of such Initial Term on tis last day of the calendar month in which the San Date occurred. udeas earlier
tenanted Pxwart to the tame hared. This Agreement shat confirm thereafter for successive periods of
one (1) year (each such wwessive period being a *Renewal Term) carrmnag on the as day of the Initial
Term Or terry Renewal Tartu unless sixty (60) days Via to tis last day of this Indio Temp or any Renewal
Term, either party has provided la other vwitlen nota of an intent not to renew. Notwithstanding anything set
forth herein to the antsy, the 'Start Disk' for ay porton Of the Licensed ProdudItstaOed at Lkmtsee's site
shat be the data of Installation of such Licensed Pmdua
S. License Feet. LicMsee agrees to pay the License Fees and all oto less sol forth on is Subsaiplbn
Form in accordance with the biting cycle identified on ger Subscription Form. Licensee's obligation to pay
such fees in full shelf be bicng on the writer of Ina Stan Date and the installation dab agreed upon pursuant
to Section 1(b), I applicable. On each anniversary of tis ash day of the calendar month in which the Stan
Date occurred, the License Fees shat be Increased by an anoud that is equal to 8% of the tan cement
License Fees hereunder and Rich new amount shat became its License Few hereunder. At fees shall be
billed in advance and are due net fifteen (15) days An payments received after gar due date will Inver a ate
payment drerge from such due data ung paid at a ate equal to the losses of efgh em Percent (18%) Per
annum or the maximum ate permitted! under applicable law. In all cases, the mount of Liarm Fees shall be
paid by Licensee to CoStar in hA vAfleut any ngin of sat oll a deduction. The License Fees do aA include
sow. use, oxides, ad valorem, property or coy other axes a fees now a hereafter Imposed. directly or
indirectly, by any governmental authority with rasped to the Nance of the products hereunder. At CoSaes
option, Licensee shall pay such was or tees dnealy a pay to Cost any suds taxes or fees nmsdtately
upon invoicing by Costa of such axes or lees. CoStar miry accept any check or paynsnt without preiud e to
Its rigiaa to recover the balance due or to puss my other right a ro nedy. No endorsement a statement on any
deck or payment or for aocanparmykg any dhdk a payment a elwMime wIN be co slued as an accord or
sathfa:Um
6. T mfrs . (a) Bow party may haute this Agreement in the wed of: (1) any bread of a material
lam, of Mils Agreement by tie other pay which is not remedied wdm thirty (30) days after whim notice tram
the other party to the broaching party: or (2) the other party's makig an assignment for the bweM of its
credilara. or the fithg by or against such party of a petition oda any banlaway, or insolvency new. (b) Costa
may terminate coy portion of Mils Agreement Immediately without uNr obligation to Licensee: (1) upon
CoSlars reasonable suspicion of any violation by Licensee of coy provision of Sections 1, 2, 3, 5, 11 or 12 of
this Agreement or (2) upon two (5) days written notice at coy time in CoStars sob discrotion in which case
CoStar shall refund any few paid by Licensee to sense the Licensed Product after tis effective date of such
im iation. ad Licensee shd be released of Its obligation a pay any License Few due aper the date
d
a m
such terminallm (c) Coir may Interrupt the provision of any porhen d In Licensed Product b Licernsw M
Licensee vblaes coy provision of Section 1, 2, 3, 5, 11 or 12 hereunder. and dual such sdemp6m
Licensee shd continue b be responsible fad License Fees. CoStar will restore the provision of
Licensed Product orgy I d ne
amounts due hereunder e paid alfa t, n CoStaes reasonable option, Coster
has received satisfactory assurances as b tie cessation of the violation. (d) Upon Licensee's beach d an
tern of Lids Agree aM all Liowse Few and at other fees payable hereunder shall become immodestly due
ad payable In full, and n addition to the foregoing, Costars remedies shall include coy monetary benefits
that accrued to Licenses as a result d the breach, any damages incurred by CoStar related a Licensee's
breach, and any oiler damages and relief available at law or n equity. N CoStar retests am Lid party b
obtain any remedy b which d is entitled under Oils Agreement Costar shall be entitled to recover at costs.
Including attorney's fees or collection agency commissions, Costar incurs.
7. Post-Temiation. Wieffectiven ten (10) days after is effective date d termination a nam
aewel d Otis
Agree ent Lkamese will (I) permanently delete m destroy all dentode d the Licensed Product under is
wnlyd, (i) destroy of passcodes n Licensee's and its agents possession, and (6) affirm ger ampbOon d
this process by execution and delivery b Coster of an affidavit to that effect reasonaby, satisfactoryfsatisfactoryb Coster.
O CoStar has not received such affidavit within fifteen (15) days after de effective date of Wmisatlw or
maenewwb of this Agreement, n addition to other remedies available to Coster, CoStar shall be permitted to
enter Licensee's premises upon mve ace to Licensee and reneat dements d time Licensed Product.
a. ! „�. (a) subjed lo Section 15, during the term of this Agreement Coster wig povide updated
Data b Licensee. Such updates may be provided other through a snglo direct FTP (Re Traveler Protocol)
account though the Informal a n such other manner as deumirned by CoStar. (b) Licensee Is responsible
providing oviding d and u
hardware, soltwore and equipment necessary to obtain se the Licensed Product,
Including any updates a other modifications thereto. Lianas is respatsbte for al telephone and Imt
service provider charges necessary b access the Licensed Product. O is Licensed Product b tasted at
Licensee's site, Licensee agrees Oha
at Coster may change the Licensed Product at any Ina by provbng
access b to Licensed Product via gar Internet through a web -based browser or n such other mwter as
determined by Coster. (c) U images are Included as pal d 0a Licensed Product, Oen updded tapes may
be delivered b Licensee m a angio set d CD-ROMs, via tie Internet through a wel based bnowsa a n
such other manner as determined by Costar. (d) Costa maintains s a customersupport deperhmnt far
questions concerning the Licensed Product. (e) CoStar reserves the right b modify arty part d the licensed
Product a the way the Licensed Product Ls amassed at any time, so katp as such modticeOms do riot
elgnificantly degrade the depth d Data provided b Lic nsw hereunder.
S. Ibfp�' . Lkatsee stag use reasonable efforts b keep Coster Informed about commercial and
Investment space "able fa ease a sale with respect b properties, dust Licensee owns, controls,
represents a holds excludves. Uverses hereby giantsb Coster an nevwabk, non exdMva. transferable,
license, n connection with Costars and its aHAaes' commercial red estate databases, b use. display,
reproduce. d'etrbule, subtcose and take any offer action with aspect to any commercial red aside
Information available on the Licensee's web site. liansee agrees not to use any portion of the Ikensed
Product n a mama which world violate any laws. regulations, rules a ithou
ordinances, kKkxw wt
limitation, tis slate and local real estate practice laws.
10. �jmOak in on Liability (a) Although Costa makes reasonable efforts b ensure de awxwY and MWAY d
ftLiesed Product Licensee aduvwledges that Costa and is affiliates and tiers respective (tiara, diredors
and ertp oyees (cd dN*, the User Pa fes') will not be Lend table for any loss, cost or damage suffered or
incrsred by licenses or any flit pay ne d a adsi g oy lass, inbmpdaa or delays h to Warned Rodent a
d d
aay saavades, more a onvsdons n tis sixmraon d n cantanreOne Licensed! Product, nePMss d
e
Vow such faits, interruptions, delays, iaoasadee, mm or abs. THE LICENSED PRODUCT IS
PROVIDED 'AS IS' WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY IOND.
COSTAR B(PRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO (I)MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND (i) THE QUALITY. ACCURACY,
TIMELINESS OR COMPLETENESS OF THE DATA (b) UNDER NO CIRCUMSTANCES WILL ANY OF THE
COSTAR PARTES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR
CONSEOUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO
THE CONTRARY, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COSTAR PARTIES TO
LICENSEE OR TO ANY OTHER PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF LICENSE FEES ACTUALLY
PAID TO COSTAR UNDER THIS AGREEMENT DURING TELE TWELVE MONTH PERIOD IMMEDIATELY
PRECEDING THE DATE SUCH CLAIM AROSE. REGARDLESS OF THE CAUSE OR FORA OF ACTION,
WHETHER CLAIMS ARE GROUNDED N CONTRACT OR TORT. COSTAR SHALL HAVE NO LIABILITY FOR
THE UNAUTHORIZED USE OF ITS PRODUCTS. (c) No action sitting out da peraiig b this Agreement may
be brought by Lia see more than two (2) Years after the cause d action has aisen.
If. Aumnsrt The parties' obligations herou der am binding their es suwos9as, legal repent tlws and ridge.
Lkemee may nd &%W or transfer @Y operation d law a of mike)'H% Apeernas nor to tlxsse gwnled
hereunder, in vtoleor n pad, without the pdorve then wrwt dCOSta.
12. Pte. Uicrosas will provide Costar with Os nam d a person ankrized b deemtine and chaps is
isvel d ssadAulhaked Useraccess b ti
User's password e Licensed Product. No Authorized User may access the
Liamod Product using my pamodes cher than the passades assigned b such Autwked User. No
Authaked User may shore his assigned passwdes with any other pawn, nor allow shy chairperson b use
a have access a he passoodes. Dung the Win dints Agreensnt Licasee WIN promptly nofty CoSla d
any Authorized Users clangs d Independent employment or I depeent contractor sans with Licensor, Including but
not faniad b, termination of an AuNaked Users employment or wnhactual service with Licensee, and upon
ouch tarmialbn, Licensee shat destroy tis passwdes for rich Auttaked User. No A.ulhorizad User who
oases b perdenl be an employee or kdeContractor of Ltasee nmay use any passcodes n any maser.
13. Nolicas All notices given hereunder will be n wring. delivered personally or mated by registered or
amified nal, return receipt requested, a delivered by wet-recognked ovemmight md. it such rafts a berg
delivered b Licensee, such notice shd be delivmed to the BiHo Address spedfad on IN subots"on Form,
or b such other address as Licensee may specify, ard'd being d*wW b CoStar, delivered b the address
set faith antis Subscription Form, Attention: Director d Sales Administration or b r such of address es
Coster may specify. Ali notices wi be deemed Pam t delivered personally, on do day d delivery, I mated
by registered or el
wrww m. those days after One dais d moiling. and t delivered by oveardgd md, cite day
after mdng. Licensee agrees that Costa m a may ndude noses on Invoices seLicensee by regular mat.
14. SeverabiliM IrdundW Relief. I any provision of this Agreement not being of a fundamental lue k held
to be "d, illegal or unenforceable, the d s validity. leg" and enforceability is rte atrder of the
Agreement will not be affected. Licensee adrmwledges that n the event d a breach d any d Owe anon by
Licensee, Coster may suffer inoperable ham and shall be entitled a k*ndWe relief (wiUaut the necessity d
posting a bond) as well as all other of mameary remedies available at taw an equity.
15. Face Maieure. Costa shall he" m liability for any damages reRilfg hn
romy fdaxs e perform any
n ti
obligation hereunder a from any delay e performance dared de b causes beyad COSsrs control,
including, withaul imitation, industrial disputes d whatever nature. acts d God, Public envy, war, acts d
government. fee, otlmer casualty, failure d any ink or connection whediar by computer or oitnerw4se, or faure
of tetelecommunicationsgytelecommunications or other method or medium of sto ng or transmitting it* ed
s Licens
Product
16, User Information. Licensee acknowledges that If it minas any settings, surveys, fields or functions n the
Licena
sed Product Inputs, adds a exports any data Into the licensed Product (collectively. the 'User Dotal,
rens of tie Coster Parties shat he" any liability a responsibility for any of such sUser Data nGdsq but not
hrited b, the loss, destruction, use by third Dodos, or 11*09oemerd d such User Dols. licansw
acknowledges that it is Licensee's respaeibiky, tomake back-up copies d such User Daly
17. Mfuataeous. This Agreement shell be conshied undo to laws d free Sate d Mayland. wthaA
regard lo choice d law principles. The parties irrevocably conserd a the Wsdiden d far federal and slam
n O
courts located e Sate d Maryland for to prwpcee d coy action brought n canedion with Ods
AgreenenL This Agreement may not be amended, a mir
modilksuperseded. nor y coy d is ams or
conditions be waived, udess expressly agreed to in writing by both parties. The fel re dasher pay a coy
are a require ult pe fomrus d any provision hereof wit n m menu affect the right d such party at a
laterlatertime b enface the same. Headings are fa reference ONY. N otwfthstanding anything o
g to Is cos" set
forth heroin. the Vovisio ns of Sodas 21b), 2(c), 3,15(d). 7, and f0 tlrahgh 17 hereof will oare
survive nnewell
Y
or termination of this Agreement
Initial Here: _
Page 2 of _
Last Revised: May 14, MI)i
02- 358
CoStar PropertyTI/CoStar Tenanfm
License Agreement
Authorized User Primary Contact (for web version only)
Company Name: City of Miami Office of Asset Mgmt Co/L: KU2V-1
Site #: l
Street Address: 444 SW 2 " Ave, P FL City:
Miami
State: FL Zip: 33233
Contact Name: Laura Billberry Phone #: 305-416-1401
Fax #: 305416-2156
E -Mail Address: lorib@ci.miami.fl.us
User
Co/L:
KU2V-1 Site #: 1
Contact: Laura Billberry
#1
Address:
City:
St:
Zip:
E-mail:
lorib@ci.miami.fl.us
Phone:
Ext:
Fax:
User
Co/L:
KU2V-1 Site #: 1
Contact: Aida Nolan -Rodriguez
#2
Address:
City:
St:
Zip:
E-mail:
anolan-rodriguez@ci.miami.fl.us
Phone:
Ext:
Fax:
User
Co/L:
KU2V-1
Site #: 1
03
Address:
City:
Contact: Madeline Valdes
St:
Zip:
E-mail:
mvaides@ci.miami.fl.us
Phone:
Ext:
Fax:
User
Co/L:
Site #:
#4
Address:
City:
Contact:
St:
Zip:
E-mail:
Phone:
Ext:
Fax:
User
Co/L:
Site #:
#S
Address:
City:
Contact:
St:
Zip:
E-mail:
Phone:
Ext:
Fax:
User
Co/L:
Site #:
#6
Address:
City:
Contact:
St:
Zip:
E-mail:
Phone:
Ext:
Fax:
User
Co/L:
Site #:
#7
Address:
City:
Contact:
St:
Zip:
E-mail:
Phone:
Ext:
Fax:
User
Co/L:
Site #:
#6
Address:
City:
Contact:
St:
Zip:
E-mail:
Phone:
Ext:
Fax:
User
Co/L:
Site C
#8
Address:
City:
Contact:
St:
Zip:
E-mail:
Phone:
Ext:
Fax:
User
Co/L:
Site #.
#10
Address:
City:
Contact:
St:
Zip:
E-mail:
Phone:
Ext:
Fax:
User
Co/L:
Site #:
#11
Address:
City:
Contact:
St:
Zip:
E-mail:
Phone:
Ext:
Fax:
User
Co/L:
Site #:
012
Address:
City:
Contact:
St:
Zip:
E-mail:
Phone:
Ext:
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Co/L:
Site #:
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Address:
City:
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Page _ of _
02- 358
CoStar COMPS® License
Agreement Subscription Form
AE: Tom Russell
Routing Code:
Business Code: GNL Real EstateMfiurftation
Licensee: City of Miami OfTrces of Asset Management Name (Licensee): Same
Bill -to Contact: Laura Billberry Site Contact:
Address: 444 SW 2adAve, 3ad FL Address:
City: Miami St: FL Zip: 33130 City:
St: Zip:
E-mail: lorib@ci.miami.D.us E-mail:
Telephone: 305-616-1401 Ext: Telephone:
Ext:
Co/Location Code: KU2V 1 Fax: 305416-2156 Co/Location Code:
Fax:
Billing: Monthly ® Quarterly ❑ Yearly ❑ Two Year Initial Term
Existing COMPS Customer: ........................................ Yes ❑ No
Existing CoStar Customer: ................. Yes No
Start Date (MM/DD/YY): 02/15/02 Historical Data From (MM -YY): Jan -00
Total No.
Sites: 1
Total No. of
Users all Sites: 8
IiYNI
Credit Card ❑
Check
Automatic Withdrawal ❑
Site # Market Product Description
Monthly License Fees
(Before Tax)
1 Dade County Commercial/Industrial, Apartment/Residential Land
$916.00
Total Monthly License Fees:
$916.00
One Time Fees: $$750.00
$
Notes:. If this agreement and the Property agreement are executed simultaneously, the Licensee shall only be charged one
installation/training fee of $750 and not two (one for each).
This Subscription Form, including the Terms and Conditions and any addenda or exhibits attached hereto (collectively, the "Agreement'), between the above-
named Licensee and COMPS, Inc. ("COMPS ") establishes the terms and conditions under which COMPS will license the products set forth in this
Agreement. Attached to and incorporated into this Agreement are the Terms and Conditions, which have been initialed by Licensee and are an integral part of
the Agreement being formed hereby. Terms used on this Subscription Form and not otherwise defined shall have the meanings set forth on the Terms and
Conditions. Licensee agrees to provide COMPS with the following information with respect to each Authorized User: user name, address, phone and fax
numbers, and e-mail address.
In the event that Licensee does not execute this Agreement by the following date 02/15/02 the terms of this Agreement shall become null and void; provided,
however, that notwithstanding the foregoing, if Licensee executes this Agreement after such date and COMPS countersigns this Agreement, then this
Agreement shall be valid and binding on both parties. Notwithstanding anything to the contrary set forth herein, COMPS may: (I) not more than one time
during any calendar year, increase the License Fees from time to time by a percentage equal to the percentage increase in the Consumer Price Index for All
Urban Consumers between the Start Date or the date of the most recent increase in Licensee Fees, whichever is later, and the effective date of the current
increase in License Fees; and (2) at any time during any Renewal Term, on not less than sixty (60) days notice, increase the License Fees for any portion of the
Licensed Product, provided, that if Licensee does not agree to such increase, then Licensee may terminate this Agreement with respect to such portion of the
Licensed Product by giving written notice of termination to COMPS not less than thirty (30) days before the effective date of the increase, and this Agreement
shall terminate with respect to such portion ofthe Licensed Product on the date on which the increase otherwise would have become effective.
The person executing this Agreement on behalf of Licensee represents and warrants that he or she has been authorized to do so, and that all necessary actions
required for the execution have been taken. COMPS hereby provides notice that only an authorized officer of COMPS can execute this Agreement on behalf of
COMPS The parties hereby acknowledge that this Agreement may be executed and delivered by facsimile and such facsimile shall constitute a legal and
binding agreement on the parties.
COMPS, Inc.
By:
Name:
Title:
Date:
Address: 9715 Businesspark Ave., San Diego, CA 92131
Licensee
Name (print):
Title: Date:
Address:
Fax #:
Page 1 of-
02- 358
Costar COMPS® Terms and Conditions
t ras Agreement uetween Corps, as licensor, and Licensee, ferns a product line Of an electronic database developed and mainbsed by Comps consisting of. (A) a proprietary database (lie'Databasel of
commercial real estate information, Including but not finned to, the data, text photographic and other images and information contained therein (collectively, the 'Data') and Bre proprietary formats and
structures
for rategor¢ng, sating and, ogizirg such Data, and (8) related software (the 'Software'). The Software and Database, including any updates or modifications thereto, are collectively referred to
herein as Ihe' ud.' Those portions o the Product that are licensed hereunder, inducing any updates a modifications provided therefore, and any infortnatam derived from the use of tie Product, including
as a result d the verification of an n9
y porton of Ina Product by Licensee, are cobctivaty retorted b heroin as die Product'
1. Lir
AM. (a) During the term of this Agreement Comps grants b lion
Licensee a nonexclusive,
ran license to use only triose portions of the Product Hamar on�s�byecteb
under he Schedule of Services on to tont page of this Agreement he'Sub
and in accordance with the temps and ardiloss d tris Agreement t Licensed Product may be used
by no more ban the number of users set fork on the Subscription Form. At of such users (the
Authorized Users) mud be idi iduas: (a) employed by Licensee or an Irdepernderd Contactor (as
defned below) of Licensee at a site on the Subsaptiah Farn; (bted by Licensee as an
employee or badepadenl Contractor requi'sg access b the and (c) Included on
Comps' fol of Auhomed Users of the Lkensd Product An 'Independent Contractor' is defined as an
rndvidual pion waking for Licensee and performing subsbrtiahbe same services for Licensee as be
er ploos of Licensee, provided, that under no dramstances shalan kdependeM Cmbada refer b
a entity ouside� P Licen numbers, passwords
wl ensure that across b and use of the
passwords and password keys (cclsdvehy, to
"paesoodes") used to access to Uoensed Product are available only to Aut hatted lilies, and will flat
allow anyone ober than an Authorized User access to the Licensed Product or passmdes for any
reason.
2.enn a '
. () Subject to he prohibitions set forth in Section 3, during the form of this
Agreement Licensee may use the Licensed Product in the muse of Licensee's business solely. @
for the puposes of suppo ' Licensee's opinbn of a property valuation; marketing properties;
analyzing monist trends; estate market averages; developing contact information; assembling
market presentations and repors Licensee's diens and prospective clients; and performing
market and feasibility analyses, (ti) for internal use for strategic and business analyses; and (ti) to
generale prospecting mailings lists and b populate Licensee's prosped'ng databases for cold ceWg
and tracking of lease or sales trads f a limited amount of such Licensed Product is used therefore.
NIn connection with such uses, Licensee may incorporate the Licensed Product into any d the
(b
owing print media: (t) walisg papas, word processing programs or spreadsheets underlying a
report prepared by an Autlnaized User,(ii) final reports prepared by Licensee,(ii) appraisals, (H)
Rating proposals, v) presedation to Licensee's prospective cents for asset valuation and revsw
purposes, end (N- marketing packages, portfolios and reports. (c) In connection with such uses
Licensee .
Licee may reproduce a reasonably kniled subset d the Licensed Product b Support the valuation
of a specific property, provided that such reproduction: () is contained in actual final repos and
prdposale that are
submitted to Licensee's prospective dents and to working papers therefore; ()
may not inhibit Comps' abity to license he Licensed Product to anyone ese;1-si) is necessary for the
report and (iv) does not exceed a reasonable number.
3. Pmhbilad flee, (a) Except as set forth in Section 2, Licensee stall not (1) distribute,, disclose, copy,
reproduce y,publish, kasmtt assign, sublimes, transfer, provide amass to, use or set, directly
or Indirectly (ndudrlg in electronic form) any porion of the Licensed Product (2) mriodhfy a uses
derivative works d the Licensed Produict a (3) integrals or incapaale any pores of the Licensed
Product info any database, contact management system or ober media. (b) Notwithstanding any other
PProdrd herein,
provide aaccess bsoany portion of the t e Liceensed Productpost or otherwise t t thio any the Internet, portion a the Licensed
bulledri
board system, any other electronic network. any data aye any t�sulgservicea other data yshhaklg
arrangement and restricted exclusively b Licensee and the
Aum 1 Users, except that Licensee a"
emal a report oadainiig far Lionised Product that axryes with Sections 2 and 3 to a dinned number
d its dents and potpectve dens; (2) use any portion of to Licensed Product to uealie, directly or
indirectly, any database or ober product directly or Ydredy compeitive wife any porion of the Licenced
Product (3) praride, disclose or transmit any portion of le Licensed Product to any dyed or indirect
conpatidr of Comps; (4) modify, allege, daocnpie, dsassembb or reverse err 'near person ol the
Licensed Product, (�y use, reproduce, publish a oci pie any portion d far Licensed�uct for the
purpose of seting orFi , such nfomretion or making such Information pubidy available; (6) store,
copy a
transfer any porion of tie Licensed Product into cry aulanaled valuation program.
stair -,ss program a searchable, database; (7) export any porion of the Licensed Podud'nb
any software other tan wordp�cessnng a spreadsheet programs, nor further ezpal any potion of the
Licensed Raid out of such sollxere; l8) alae, cried err export anyporton dtie Licened Product b
any database for t s purpose of future retrieval or use rot rued to fie o igial permitted uses set lath
above; or (9) use or distribute Dab bat has been verified or coninled by Licensee for he purpose of
developing, �tihbub'rg b he development of any database, product or service that may compete with
that Cap and fis licensors
id Shaff retain
e son ovxor T�praprietay rights h, Licensee �b tee U Proc!4 ilduclig the lomat and
presadafon tiered. Licensee shall have ro dgN a interest in any porion d the Licensed Product except he
right to use the Licensed! Product Ilbal to Database
been
created, compiled, prepared, selected and arranged Coops hough ssl o expenditure substantial lime.
clod and money, ad that to Solware, Database, Dab and Licensed Product ocnsdure be valuable
property ad confidential copyrighted 'nbrtreim of Carps (m1aJ'ivey, he 'Propinay Hon cion').
Licermise agrees to take al necessary to maintain to
paconfidentially taws neoassabbwmrefal b mnpy Will of ader trade secret patent contract
ld y
fern conceal a oltlerab any mpyrigtt for a y vicbfon d tie pra osier
proprietary notice bdded into Licensed Product Licensee steal be loble provisions
d tlts Agearhert by any Authorized User and by Lice see's�s, Irdaperdert Cantecsus, atiabs
and agerb ad for ay unauthorized use of to Licensed Pmadcb. agrees to keep to toms of Ills
Agreeniet siddy mltdelel. Licensee many not use or reproduce any Iradarerk service nark or trade
name of Carps, except to use he following copyright notice on derivative versions of fe Licensed Piodid
crealed in a mVi m w ml h the kms of los a"wrw t 'CopyrgMo COMPS, kat Al dgMs reserved.•
5. Tri. The term of this Agreement shelf begin on tie date of signature by Comps, dal mntinue for
the nbal lam spedW on he Subsuiptm Form (Ihe 'Initial Term*), and shall spire at the and of
such Intal Tenn on he last day of the calendar month in which the Slart Date (as set forth on the
Subscription Foran) occurred, unless earlier terminated pursuant to the bins hereof. This Agreement
shat continue t erealler for successive periods of one (1) year (each such successive period being a
'Renewal Term") commencing on he last day of the Intal Tam or any Renewal Term, unless at
(60) days prior to the last day of the Initial Term or any Renewal Term, either parry has provided tie
other written mice of an intent not to renew.
6. License Fees. Licensee agneas to pay to License Fees and of other fees ser forth on the Subscription
Form in accordance with he bang cycle identified on the Subsuiptim Form. Licensee's obigafon to pay
such toes in ft shall be Wn&Q on to Stat Dab. On each a nhissay of tie last day of fo calendar
monk in which the Start Date oaxxrad, to License Fees shal be increased by an amount bat is equal
to 8% ofthe ten anent License Fees herruder and such row amount shal become l o License Fees
hereunder. Ali fees shal be Wed in advance and are due net ilben (15) days. AN payments received
after the due date will i cur a late payment charge from such due dab unlit pad at a rate equal to be
lessor of eighteen, percent (18%) per a n m or the maximum rate pertnibd under applicable law. in of
cases, to amount of License Fees shal be pad by Licensee to Comps in fol without any right of set-off
or deduction. The License Fees do riot include sakes, use, excise, ad valorem, property or any other We,
or fees row or hereafter imposed, directly or fe is ft by arty governmental authority with respect to tie
kens d the products hereunder der At Camps option, Licensee shal pay such toes or fees directly or pay
to Comps ary such taxes or seta innedobly upon invoicing by Crops d sch taxes or fees. Comps
may accept any check a payneril without pnajudice to its rights to recover he balance due or to pursue
any other right or remedy. No andasoment or statement on any deck or payment a bila
accompanying arty dock or payment or elsewhere will be construed as an accord or satisfaction.
7.T icy.(e)E/lapaymaybmiebthsAgeemtinteevertd:(1)aydnd
lnaamesrialiermd
tris Agreement by the other party Witch is no[ reneded within by (i0) days alter writs, mice fan the other
pay to to broaching poly, or (2) to ober patyrs nark i g an assignment for the handl of its credtas, at*
fn9 by or against such party of petition under any bankruptcy or Insolvency lay. (b) Comps may terminate ahiy
portion of to Agreement im edzby whoa Ober drigaen to Lioesee: (1) upon Cortes' reasonable
su�ictn day vbbtion by Lke see of ay poisbn d Sectors 1, 2, 3, 4, 6,12 a 13 d tris Ppeerna$ or(2)
upon five (5) days wmilen notice at any ine in Crops' ate discretion in which cone Crops shall refund any has
paLicensee
d by to icerse to Licensed productalter he elective date of such to m ishn, and Licensee sial
be released of is digafal to pay any Lke ere Fees due air to data or such be.ha ialce . (c) Comps Trey
inbred to provision of any porion of to Licensed Product to Licensee t Licensee violates cry povisim of
Section 1, 2, 3, 4, 6,12 or 13 hereunder, and Bring such ilbmgbn, Lihereea slot oonixhe to be reepasbb
for at License Fees. Carps wi rasps lie pdvitm of the Licensed Bold any I al athouds due hon si der
am pail aldkrib in Carps reasonable opkion, Comps has received saI I I assurances as to to masalm
of the violation (d) Upon Lica seers breach of any lam of los Agreement at License Fees and at dee teas
pyable hereonder shsl benne nmodaby due ad payable in fit ad in addfon to the faegorig, carps'
remredas shall kdude any monetary berhefb that aooued to Licensee as a rent of he broach, any damages
incurred by Comps rebled to lker seers breach and ay derdamages ad raidCarps retains any hd party, to obtain any remedy to which be
entied bb reaoveratmob, radudn9 attorneys ins or WbormiS efibd under hs
agauydomtnhssas, Camps rxUe.
8. Post -T rmination. Within len (10) days after the effect" date of termination or nonrenewal of this
Agreement, see will (a) permanently delete or destroy of elements of the Licensed Product
under its control and destroy all passcodes in Licensee's and is agent's possession and (b) affirm the
completion of this process by execution and delivery to Comps of an affidavit to that effect reasonably
satisfactory, to Comps. If Cortes has not received such affidavit within fifteen (15) days after the
effective dale of termination or nonrenewal of this Agreement, in addition to other remedies available
to Comps, Carps shall be permitted to enter Licensee's premises upon rofice to Licensee and
remove of elemers of the Licensed Product.
9. LicensedlaRokbd. (a) Subject b Stiction 16, dung tle term d tris Agrearrerht Canes vol pfovide
. @) Licensee's respansib fa pravidkg al hadwae, software and egtdpnhaht
rhecessary fo ablakn ate use the Licensed Product, Ihchfdxg army updales or oma maificafione hereto.
Licensee ls respaesbb far aN bleplhahe and kibrel service prouder larges rhaoessay b access the
Licensed Product. (c) Carps rthenlak,e a aebmer supped depeMsnt (or questioro mrtcenhig Ba
Licensed Prkdurt (d) Comps reserves tle right b rtaddy 8my part d lie Lucersed Prodrct a b darge
the way the Licensed Product s amassed al arty tine, so kxg as such modicatiors do rat sigrrifirantly
degrade the depth d Data provided b Licensee hererder.
10.. Licensee shall use reasonable efforts to keep Comps Informed about transaction
idortehm ver reaped to properties tat Licensee Oona, mritde, reprewNets or holds exclusives. t
Cones has granted Licensee a dhsoart on the Licensed Produc ii consideration for suxth imfornetion,
Licensee xe7 supply accureb, mrspble ad tinier fy ktorrration b Comps a lose such demhnt. Lixrsee
hereby grans fo Comps an 'vevocable, norrexcbsive, transferebb, kens, kh monecim with
Cortes' and is ablates' mmmendal real eabb databases, b use, display, reproduce, distrlate,
subkense and lake any oma action win respect b arty mnmerdal real eabb inforrtation available
on he Licensee's web sits. Liceuoa agrees rid b use cry porion d fie Lixined Product kin a naaer
which would violas any laws, regaatiors, rues a ordraraes, indudag mifcuA imitafion, the stab and
local real assts practice lava.
t t. lksi bon on LiabifN. (a) ah�h Carps makes reasonable etas b ensue fa aauraty ad
'fy�' Licensed Product, Licensee acsaxfedges fat Corps and its ofibtea and that
respsotive officers, directors and employees (cobcivey, he'Can" Parties') wit not be held table for
any loss, cost or daraye suBered or Incurred by Licensee or any hid pay arising out of any pate,
insmpfon or
product a delays n the Licensed dout of any iacass a acies, eraomissions in to
bbnratiom mntaned in he Licensed Raid, regardless of how such bas, bbmptiahs, delays,
inaccuracies, amore or arissicns ase. THE LICENSED PRODUCT IS PROVIDED 'AS IS'WITHOUT
REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. COMPS EXPRESSLY
DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO ()
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND (s) THE QUALITY,
ACCURACY, TIMELINESS OR COMPLETENESS OF THE DATA. (b) UNDER No CIRCUMSTANCES
WILL ANY OF THE COMPS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE,
EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION
LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT
WILL THE AGGREGATE LIABILITY OF THE COMPS PARTIES TO LICENSEE OR TO ANY OTHER
PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF LICENSE FEES ACTUALLY PAID TO
COMPS UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD IMMEDIATELY
PRECEDING THE DATE SUCH CLAIM AROSE, REGARDLESS OF THE CAUSE OR FORM OF
ACTION, WHETHER CLAIMS ARE GROUNDED IN CONTRACT OR TORT. COMPS SHALL HAVE No
LIABILITY FOR THE UNAUTHORIZED USE OF ITS PRODUCTS. (c) No action wising out of or
pedalling b hs Agreement may be brought by Licensee more Ian two (2) years after the cause of
anon has arson.
12. Askimmeri,L The parties' obligations hereunder are binding on heir successors, legal representatives
and assigns. Licensee may not assign or transfer (by operation of law or otherwise) ft Agreement far
he license grated hefeuda, in whole or in pat without to prim written consent of Comps.
13. Licensee of provide Camps with the name of a person authorized to determine and
charge the leval of each Aufrodeed Contac'). No Authorized U amass s he Lien Producpassword amm to t
Licensed Product (ha r than rid
ie
passmdes assigned b such Auhaved User. No Auhaaed User ✓lay share hipass assigodesned
oda bah es
with any oho person, nor slow arty oho person b use or have access to h e ppassoodes During�he
tern of this Agreerterq a Password Contact of promply notify Corps of any Autba;ced Users change
a erpbyrthaht Or ndeperhddd contractor naps with Licensee, Including ba not united p tamkation Of
an Aufaraed Users employment or contractual service With Licensee, and upon such tartrinafom,
Licensee shall destroy the pacscodes for such Authorized user. No Authorized User who ceases to be an
employee icor kidependert Contractor of Licensee may use any passmdes in any mane.
14. tee registered
or cer�'f4 ped mai,orbehm receipt requested, a delivered personally
y
by wok ed overnight or mailed mail. If such
notice is being delivered to Licensee, such notice steal be delivered b this Bill -b Address specified on
to Subscription Form, or to such other address as Licensee may specify, and f being delivered to
Carps, delivered to he address set kxh on the Subscription Form, Alin: Customer support with a
copy to Comps at 2 Bethesda Mello Center, 10th^ floor, Betlxsda, MD 20814, Attn: Director of Sales
Administration, or to such other address as Comps may specify. AN notices will be domed given I
delivered personally, on the day of delivery. I nailed by registered or cuffed mail, gree days after
the dab of mairg, and I delivered by ov i ht nail, one day after making. License agrees that
Comps may include roti— on invoices sent b Licensee by regular mai.
is15. SeverabisndeRelief. If any provision d Sts Agreement not being of a fundamental nature�sI�or
unenforceable, he ad enkxceabiyof he remai derof
N Agreement will not be affected. Licensee gsal n he even! od
a breach of any of
hese toms by Licensee, Crops may suffer Irreparable harts and shall be entitled to''x y''uunafive reef
(wihout the necessity d posting a bond) as well as of oho monetary remedies avaiade at law or in
equity.
16. Force Mailers. Camps shall have no liability for any damages resulting from any slue to perform
any able on hereunder or from any delay in the pe donna ce hereof due to causes beyond Comps'
control, including, wi8aa kmibl ori, industrial disputes d whatever nature, nature, ads of God, pink enemy,
war, acts d goverment tie, otter casually, size of any ink or connection whetor by computer or
otherwise, or failure of bdvabgy or telecommunications or other method or mediurn of a" or
bansmYBrg the Licensed Product.
17. User Information. Licensee ackawvkdges that If t creates any settings, surveys, fields or functions
in he Licari Product or Inputs, adds or exports any data into the Licensed Product (collectively, the
'UserDalai, non of it* Comps Parties shall have any tabiy, or responshbity for any of such User
Dora, indudlg but not foiled to, the loss, destruction, use by third parties, or misplacement of such
User Data.
18. Mi This AVeement shall be conned oda he laws d he Slate of Maryland, without
regard b dace d law prncpies. The parties revocably, consent to he jurisdiction of he federal and
stale caxb located in the Slab of Mayland for he purpose of any action brought in correction with this
Agreement This Agreement may not be amended, modified or superseded, nor may any of is toms or
mndiorls be waived, unless expressly agreed to in wring by both parties. This Agreement contain tle
entire understanding of the parties hereto with respect to the Licensed Product licensed hereunder
and su ercedes any prior oral agreements with respect to such subject mater; provided, that the
parties agree that tris Agreement does rot supercede any otter, written license agreement between
ger parties unless expressy, provided for herein. The failure of either pay at any ire to require kill
perfannance a coy prowsbn hereof mel n no Mame affect to right d such pay at a later fine b
ertorce tle same. lba6ngs am for reference may. Notwithstanding arty" b he contrary set forth
herein, to provsbne of Sectons 3, 4, 7(d), 8, and 11 tivough 18 hereof oil survive nonrenewal or
termination of this Agreement
Initial Hera: _ Page 2V
Last Revised: Apr! 9, 2001
358
CoStar COMPS® License Agreement
Please return to productpwdla comps.com
Authorized User Primary Contact:
Company Name: City of Miami Office of Asset Management
Street Address: 444 SW 2"d Ave, Yd FL City: Miami State: FL Zip: 33233
Contact Name: Laura Billberry Phone #: 305-416-1401 Ext: Fax #: 3054162156
E -Mail Address: lorib@ci.miami.fl.us
User
Co/L:
KU2V-1 Site #: 1
Name: Laura Billberry
Username:
#1
E-mail:
lorib@ci.miami.n.us
Phone: 305416-1450
Ext:
Password:
User
Co/L:
KU2V-1 Site #: 1
Name: Aida Nolan -Rodriguez
Username:
#2
E-mail:
anolan-rodrigues@ci.miami.fl.us
Phone: 305-416-1436
Ext:
Password:
User
Co/L:
KU2V-1 Site #: 1
Name: Madaline Valdes
Username:
93
E-mail:
mvaides@ci.miami.fl.us
Phone: 305416-1450
Ext:
Password:
User
Co/L:
Site #:
Name:
Usemame:
#4
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Username:
05
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Username:
#6
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Username:
#7
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Username:
#a
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Username:
#9
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Username:
010
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Usemame:
#11
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Username:
#12
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Username:
#13
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Username:
014
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Username:
815
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Username:
016
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Username:
#17
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Username:
#1a
E-mail:
Phone:
Ext:
Password:
User
Co/L:
Site #:
Name:
Username:
#18
E-mail:
Phone:
Ext:
Password:
r Username and Password are optional. If the user does not specify, COMPS will randomly assign. Password should beat least 5 characters.
Page _ of_
Q2- 358
CITY OF MIAMI, FLORIDA _ CA=10
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
RECOMMENDATION:
DATE: FILE:
APR = 1 2302
SUBJECT: Authorizing Execution of License
Agreements with CoStar Group
REFERENCES-
Resolution & License Agreements
ENCLOSURES:
The administration recommends that the City Commission adopt the attached Resolution
authorizing the City Manager to execute License Agreements, in substantially the attached form,
with CoStar Group for a one (1) year period, at a total amount not to exceed $17,500, for
subscription licenses to CoStar Property and CoStar Comps for the Office of Asset Management.
Funds are available for this service from Account Code No. 810101-270.
BACKGROUND:
The Office of Asset Management has been attending the Value Adjustment Board hearings for
properties located within the City of Miami whose assessments have been appealed. Presently
they are primarily utilizing the services of appraisers to assist in defending tax assessments.
Additionally, they are also using in-house staff to compile their own data and attend the hearings
to defend the assessments.
To assist in these efforts, Asset Management has identified two databases offered by CoStar
Group that would be helpful in preparing for these hearings. The database Costar Property offers
access to a verified inventory of leasing information and market conditions of properties located
in the City of Miami. The database CoStar Comps offers access to a verified database of
comparable sales transactions for properties located in the City of Miami. The Information
Technology Steering Committee has approved the purchase of the above licenses for access to
the databases offered by CoStar Group.
The �roposed cost for the licenses to both databases for a one (1) year period will not exceed
$17,50. Funding is available from the Office of Asset Management, Account Code No.
810101-270.
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