To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: License Agreement with CoStar to obtain information regarding properties for County purposes and other Real Estate needs.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a License Agreement with CoStar in an amount not to exceed $107,500.00 for right-of-way and leasing services during the period from January 1, 2025, through December 31, 2026. (Project No.: 4510-910SAS)
FISCAL IMPACT:
The License Agreement will result in contractual service expenditures of up to $107,500.00 for the period of January 1, 2025, to December 31, 2026, and will be funded by various Road, Flood Control, and Special District funds.
BACKGROUND:
The Real Estate Division entered into an Agreement in 2014 with CoStar for internal research purposes, to obtain information regarding properties for County purposes and other Real Estate needs. The License Agreement auto renewed every year but to follow the new Purchasing Policies and Procedures Admin Bulletin 600.3, Section II.C., the Purchasing Division requires Board approval before issuing a purchase order for CoStar. The terms and conditions of CoStar’s License Agreement for these services contains a limitation on liability provision that caps liability at the amount of fees paid in the twelve (12) months prior to the claim arising. The terms and conditions also contain an indemnification provision, whereby the County agrees to defend, indemnify and hold harmless the CoStar parties from and against any third-party action, suit, claim or demand and associated losses, expenses, damages, costs and other liabilities arising out of or relating to Licensee’s use or misuse of the Licensed Product, information provided to CoStar through the Licensed Produce, or violation of this Agreement.
CONSEQUENCE OF NEGATIVE ACTION:
Without Board approval, the Public Works Real Estate Division will not have the necessary resources to obtain accurate historical and current property details which could adversely affect decision making pertaining to County properties and County infrastructure.