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Agenda 04/22/2014 Item #16D 3 4/22/2014 16.D.3. EXECUTIVE SUMMARY Recommendation to approve an amendment to the Federal Transit Administration Section 5307 FY13 Program of Projects and approve a budget amendment recognizing recovery of funds in the amount of$16,362 in connection with bus wrap removal on three Collier Area Transit(CAT)buses. OBJECTIVE: To reinvest funds recovered from Gillig, L.L.C., in connection with bus wrap removal. CONSIDERATIONS: In December 2000, the Board approved an exterior bus design and color, which has been predominately used by Collier Area Transit (CAT). The existing bus design was copyrighted by Trolley Illusions, L.L.C. in 1998. On June 14, 2011, the Board approved the purchase of three buses which were wrapped with a trolley design from Gillig. On August 9, 2013, staff received a letter from an attorney representing Trolley Illusions claiming that the Gillig wrapped buses were identical to or deceptively similar to Trolley Illusions' copyrighted design. The letter requested, in part,that the County remove the allegedly infringing design. Since the County has a limited number of buses in circulation, and taking those vehicles off route would impact service,a decision was made to remove the wraps. On August 16, 2013,the County Attorney's office corresponded with Gillig and requested that it indemnify the County as.provided under the Terms and Conditions of the Purchase Order. On n January 20,2014, staff received a check in the amount of$16,362 for total reimbursement for the three bus wraps removed as a result of Trolley Illusion's alleged copyright infringement claim. The bus wraps were funded by the The American Recovery and Reinvestment Act of 2009 through the Federal Transit Administration Section 5307 Program. Staff would like to amend the Federal Transit Administration Section 5307 FY Program of Projects to recognize these funds so they are available to have the three buses rewrapped and expedite utilization of the funds as well as reallocate the call center funds to the Operations Facility project. The call center is currently being implemented utilizing the County's existing phone system. 5307 FY 13 Program of Projects Item Description Original Amended Proceeds*** FTA FTA Amount Amount Minimum 1% Transit Bus shelter $50,000 $50,000 $0 Improvements enhancements 1%Security Security Enhancement $28,576 $28,576 $0 10%ADA ADA Paratransit $285,752 $285,752 $0 services Operating Funds* Bus Route Operations $442,610 $442,610 $0 Rolling stock Replacement 1 Diesel bus $410,000 $410,000 $5,000 Rolling stock 1 cutaway transit $147,926 $147,926 $12,481 vehicle Preventive Maintenance Rolling stock PM $731,400 $731,400 $0 Rebuilds 3 buses to extend the $81,000 $81,000 $0 life expectancy Packet Page-758- 4/22/201416.D.3. Radio Road Operation, Operations Facility $607,810 $680,260 $0 Administration, ADA& Security Enhancements Mobility Management Call Center $72,450 $0 $0 Signage** Bus Wrap — $0 $16,362 Total Amount $2,857,524 $2,857,524 $33,843 *A 50% ($442,610) local funds match is required. ** This line item is necessary to show the reinvestment of the wrap removal proceeds into the transit system; however, there will be no additional federal funds from this allocation directed to this activity. ***Represents auction proceeds from sale of equipment and wrap removal funds. FISCAL IMPACT: A budget amendment is necessary to recognize recovery funds in the amount of $16,362.00 Collier Area Transit(CAT)Grant Fund 424,Project 33296. LEGAL CONSIDERATION: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves recognition of recovery of funds and authorize necessary budget amendments allocating funding for planned projects. Prepared by:Trinity Scott,Public Transit Manager,Alternative Transportations Modes Department Packet Page-759- 4/22/2014 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.3. Item Summary: Recommendation to approve an amendment to the Federal Transit Administration Section 5307 FY13 Program of Projects and approve a budget amendment recognizing recovery of funds in the amount of$16,362 in connection with bus wrap removal on three Collier Area Transit (CAT) buses. Meeting Date: 4/22/2014 Prepared By Name: Scott Trinity Title: Manager-Public Transit,Alternative Transportation Modes 3/26/2014 9:55:05 AM Submitted by Title: Manager-Public Transit,Alternative Transportation Modes Name: Scott Trinity 3/26/2014 9:55:06 AM Approved By Name: Scott Trinity Title: Manager-Public Transit, Alternative Transportation Modes Date: 3/26/2014 3:09:39 PM Name: MarkiewiczJoanne Title: Director-Purchasing/General Services,Purchasing&General Services Date: 3/26/2014 3:14:21 PM Name: SotoCaroline Title: Management/Budget Analyst,GMD Construction&Maintenance Admin Date: 3/26/2014 3:22:49 PM Name: TownsendAmanda Title: Director-Operations Support,Public Services Division Date: 3/27/2014 11:14:43 AM Packet Page-760- 4/22/2014 16.D.3. Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 4/3/2014 4:47:00 PM Name: CarnellSteve Title: Administrator-Public Services, Public Services Division Date: 4/8/2014 3:28:24 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 4/10/2014 1:23:07 PM Name: OberrathKaren Title: Accountant, Senior,Grants Management Office Date: 4/11/2014 7:56:16 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/11/2014 10:00:32 AM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 4/11/2014 3:09:10 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 4/15/2014 9:21:03 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/15/2014 9:34:50 AM Name: OchsLeo Title: County Manager,County Managers Office Date: 4/15/2014 10:39:08 AM Packet Page-761- 4/22/2014 16.D.3. n9Wv " C C g - 7 - ), P 11t Z O r 6 , Ir N Z o 0 r co ci) n m 7 U . --..1 t o ----- o -n C .. X:2 ru ; w -. Z 0 ti r-s 2- p ......rte"'_ + o r; ----til r0 o P c 0 v .ten■ J 1] N - 0 c� o O 7 O W `� e ;:, , "%':'`m s.- t...7, s a ,k' • 1. t Packet Page-762- 4/22/2014 16.D.3. BUTZEL LONG A T T O R N E Y S A N D C O U N S E L O R S a professional corporation Claudia Rast 734 213 3431 rast @butzel.com Suite 500 301 East Liberty Street Ann Arbor,Michigan 48104 T:734 995 3110 F:734 9951777 butzel.com July 26, 2013 Certified Mail - Return Receipt Requested Michelle Edwards Arnold Collier County Department of Alternative Transportation Modes 3327 Tamiami Trail East Naples, Florida 34112-4901 Re: Infringement of Trolley Illusions, LLC Copyright Dear Ms. Michell Edwards Arnold: Please be advised that this law firm represents Trolley Illusions, LLC ("Trolley Illusions") and Mr. Stanley K. Mitts of Spring Arbor, Michigan in matters pertaining to the protection of its intellectual property. Trolley Illusions is the owner of certain federally registered and common-law copyrights. Trolley Illusions has registered its trolley and bus graphic design (the "Work") with the U.S. Copyright Office; a copy of that registration is enclosed. After an extensive relationship which included the completion of over thirty busses, Collier County made the determination to end its relationship with Trolley Illusions. Following this, it has come to our attention that the Collier County Department of Alternative Transportation Modes ("Collier County") has contracted for, without Trolley Illusions' consent, designs and applications that are identical to, or deceptively similar to, Trolley Illusions' Work. Further, it has come to our attention that Collier County has ordered buses from Gillig Corporation possessing material that is identical to or deceptively similar to the Work. Any further use, advertising, marketing, distribution, or sale of this design after your receipt of this letter would be willful, giving rise to exposure for aggravated damages. It is extremely disappointing to see Mr. Mitts being taken advantage of during his senior years and on the limited income that his innovative designs have afforded him. It is clear that this issue would be one of concern for you community. Therefore, on behalf of Trolley Illusions we demand written assurances that Collier County take the following steps: Ann Arbor Bloomfield Hills Detroit Lansing New York Washington D.C. Alliance Offices Beijing Shanghai Mexico City Monterrey Member Lox Mundi www.buizel.com 000145032100011407200-1 Packet Page-763- 4/22/2014 16.D.3. Trolley Illusions, LLC July 26, 2013 1. permanently cease and desist from further importation, advertising, marketing, distribution, and sale of Collier County's infringing trolley design; 2. destroy or remove Collier County's inventory of the infringing design and confirm the number of units destroyed or removed; and 3. permanently cease and desist from further reproduction and distribution of Collier County's infringing design. Trolley Illusions is eager to resolve the matter swiftly, thus, we demand your substantive response to this letter no later than the close of business on August 16, 2013. These demands are made without prejudice to Trolley Illusions' legal rights, all of which are expressly reserved. If you fail to meet these demands, Trolley Illusions reserves its right to take any necessary legal action to protect its valuable intellectual property rights. In view of the seriousness of Collier County's activities, we recommend that you or your counsel contact the undersigned immediately to expedite compliance with these demands to cease and desist from present and future infringement. We look forward to hearing from you on or before the above-mentioned date. Very truly yours Claudia Rast Enc. CR/jad cc: Mr. & Mrs. Stanley K. Mitts C N rn r r o Z o 000145032\0001\407200-1 page 2 Packet Page-764- 4/22/2014 16.D.3. CERTIFICATE OF REGISTRATION FORM VA UNITED STATES COPYRIGHT OFFICE ..ww This Certificate issued undet lne -.f.ea! ::n In .;o E.. :. pv,--c w-,- REG!: Offtcr- in acco-ctance ,..tii.,-. title 17 !it..-K: ':-.):..31,=,-. ,T,oci.4 tAl a 2".14 I ...- ,.,-.-. _, attests mat teoisual1013''li.35 Otle`r r,;...-.cie Sled below The 119rmaltor on trIG ck.lit:f.',--.,:ai;:- ha:, ',),.,..,e,') 1/511Minin mode a oarl 01 the. Cop,,: c..-sh Of fi.,'i- :::••,;(',OS ausulatt453735. , , EFFECTIVE DATE OF REGISTRATION ....- ',,,,, .---, i' •te . .^- ,.'44., ,,,-.2-;:-74717 i 1P.-07—gq .. 4 . .. Morith Day Year '' ' i '••.i '''''•.•1 DO NOT WRITE ABOVE THIS LINE.IF YOU NEED MORE SPACE,USE A SEPARATE CONTINUATION SHEET. A, MU OF THIS WORK V NATURE OF THIS WORK V Soao truitructens 6A4 r , , ilie,, L---i... 1fie7-z,..,20its< _ PREVIOUS OR ALTERNATIVE TITLES V rue'1CATION AS A CONTRIBUTION It ttus work was published as a corm 1111.3/1011 in a prinskiir al serial or cutieeiims. +.0th-cor s.won li sr which Is contribui sun appeared Title of Cot leetwe Work sr ...._. h published ma periodical or ernai Five Volume V Numhet 10 cost,Clair e On Per V , . a NAME OF AUTHOR V DATES OF BIRTH AND DEATH I.: a f, Year Born V Year Died V Stanley K. Mitts -- ' - Was this contribution to the work a AUTHORS NATIONALITY OR DOMICILE WAS THIS AUTHOR'S CONTRIBUTION TO "work rnado for hire'? Nom a/CooltrY , THE WORK tithe*newer to aillow ... ! CI Yes OR Citizen or Ot....._:---.. ...J...--,', :,r-, Anonymous? 0 Yes PI Na .tele,"?.. wssalgedi IA No Domiciled ink_ Pseudonymous? 0 Yes ttil No inelructims NOTE NATURE OF AUTHORSHIP Check apprepnate bos(es).see instructions "........„, I 0, 3-Diniensional sculpture 8 Map 0 Technical drawing 0.0..1h0 .0i, fhp•Javlhor.0,1 0 2-Diniensiorutl artwork 0 Photograph 0 Text ,'4unt),relani, 0 Reproduction of work of art Li 'jewelry design l,I Architectural work OtOr,•::;•,,Illf 0 Design on sheettike material ., t.r.c 0,nplayeS IS.M,til..!•1,0".• • NAME Or AUTHOR V I)ATES OF BIRTH AND DEATH !,Grq For erly N Year Born V Year Died V ••,..t,i• ,,,I,■•,t5 r•noth. lo,two- Was the contribution to the work a AUTHOR'S NATIONALITY OR DOMICILE WAS THIS AUTHOR'S CONTRIBUTION TO work made km hire'? "low oi CoarltrY THE WORK It the answer to tether ihh sm 4 r. :f.Vi, ()RI Omen of IP. Anonymous?' ,, of these questions is L-1 Yes LI'"'c' 'res.'sae ostaawt IPA en...roc-v.' :_..!Ne I/insetted In* - - Pseudonymous% rj ye& E. ?,,i,, esstne:bor.is Person to, whom the worts NATURE OF AUTHORSHIP Check appropriate loxes).See instructions was(V opst,cd) rcs-Actium,ot 0 3-Dimensional sculpture 0 Map 0 Technical drawing chat min aa6 0 2-Dimensional artwork 0 Photograph 0 Text ...-,/s.r.,0,cialos 0 Reproduction of work of art 0 jewelry design 0 Architectural work Ciaath&Aar.. 1-1 Design on sheetlike material - ... . YEAR IN WHICH CREATION OF THIS DATE AND NATION OF FIRST PUBLICATION OF THIS PARTICULAR WORK ' ..., .t WORK WAS COMPLETED utaineeenattee Ws intonnetkm month* —. Days. _ _Yearlle muse heighten b Otratrtreleite week ',, Si 1::I itsfaLs_mi„.......1:11Year Ile ali mem. Iwo Wan pubbahati. —_--...--- 4 aeon COPYRIGHT CLAIMANT(S)Name and address mum be Kiven even if the claimant is the same as APPLPATIPN,FigCEIVED s M author given In span,2 V ',.. . k, /71 1 7-1 3 lc> ONE DEPrOSIT REPEIVED Po /30 X 41014— 7/4,0 .c/112 ht.)6- /44.60 R, R,D, x iug - - - :•ci,■nr.ltu.:.1.,,,.. , , „,„, i,e.0,.,-ommet tgi ..- r tc ,,c/G- fl.e..13p,Z . alif.;,ei/6-M.,/ '7'92E3 0 TWO DEPOSITS RECEIVED TRANSFER If the claimant(s)named herein space 4 is(are)different front the author(s)named m irt space:,give a hnef statement of how the rlaunant(s)obtained ownership of the copyright.V g FUNDS RECEIVED 8 ,,„....., ..... . . . ._ MORE ON BACK p. -compare al anpicritse spaces toombers 5 9)on me mane aide ot this pegs DO NOT WRITE HERE •Swedish**,snstrumons •Sigh the train el leans C'I t t e S a l.---.-. ..,.P14106 Packet Page-765- * Added by C.O. Authority of phone call to :,ExAtormsay 4/22/2014 16.D.3. Stanley K. Mitts an Sept tber 29, 1999. CHECKED DY FOR COPYRIGHT- OFFICE �Y« USE ONLY DO MOT MIT ABOVE THIS UNE.IF YOU REED MORE$PA ,USE A KARATE OONTINUA1TON OHM • 'PREVIOUS RECIE AYuON Hks tgltaetbta tar tae wart.or fir me artier,irir+rides week.dandy bias work la be Copyilyle WOO fl Yes $Na tl yew maw it"Yes,'wby Is atonic atlrreioa bete[sae¢[!(Cheek appnyeiw tack r { a.0 This a tea fire published liana:of s wet pmrlergy tgittrtd in wepkbilehod tam s 0 7hia kink tirteaofiosdwre beidoedby the srator.copyright deism c 0 This icsdranyed su of the woek.Nohow*bymew 6aa*hi tl atnoe. N yew newer is-Yee,"Or Penton ttyiIbsIM l eleber V Tsar at ii ISraUks• tesnowi► DERIVATIVE WORK OR cOa1 fl.AT1ON C myie a bet:quo or we a+tar•aerevatirs a'tC serrpitae aoly w for acon plietion. a.PreedttiogLhtaiW Idn Uyatty preeentint work or walks dee Ode wodra bend m oslseosparaw.Z . "'111sbnrtlrik ;i eseassiadhee k.M serielMfrslaTabWatt Ohre abiW.a nnasmsoftheIMMOleoha bow Weed tondo wet sadM whir*oapynyhisdans. DEPOSIT AC:CXIUWI'tr toe M011101011,fa 'a to be thread to a Dexosk Amowot established is the Copy: et Mee,do twat end enakberer Aeon¢ Naw V Ae+esrM hlssk�es a CORRESPONIOENCE Claw cars MA ddrean to when earepaedeex kbo•Ihi<appsortoa mats m em t4wrwdOraarAas CIq P V Or,4,1� le, Al s to 4,, •f 716o S 4,06- A A. Do¢. lets 5Pa ma- Agaog., tCN. �2J Asa aids one Oyer Weennratsd r► loananebsr ► F CEICITTICA IOte L the ti ramie tt.nastyeatWtrEat ant*be Ocelot C7 teal aF alkstcaia dick saran Is GY INhp !1�tt�ttl� . ili+se*N hsti ONIVO HVrsw.wl.rwwswaaieweee of the work idrutlist in the sppiiattlon and that the Mimesis evade by mein ahbceyptialttem araooafSd to free bort et any losswFkdda. Typed srmimed nosasd der V It ihisappdia tk a gives a dotal pe>blisttlouin space S,6kest**s dsise a it adapt tion dab. 51'4 LE , Arta: Doe*Jam°�. -f 2. , /9'x19 I X ?fite2 '"" ttsrts . sue* osttlticats maid Staa05- Mitts Certificate L Meg be MI let ' pat„. ,E3n..,. M e't.._7Ifialpr ng Arbor Road L ____ viindait Spring Arbors MT 49283 sallext ty ISM tHOk K:Alf panne rt+otrwelnik makes aora rio r•wasw+tlunfitwwit alasis~lift AlbwoYbyesriegiic brwin+sol 4 win krymum krtemwntirdb,earrwte aso,w -scaso PlMarEDoatta&fla.W men truss GOleMkrarr PROMO ae Si:trey-sts.7F6eia.aek Packet Page -766- 41221201416D3 ,.......,..,___,...— .____ ......_ z. . N.il. 4 , .411110- ::,.,14.4,".djk•,...,$ . ,,,,,,,,..... ....-. - ,.% - 14 r,„ il' - • I i'.„,-z,`,74-ili:,.:1■,1`.: t ;!.-. I i 1:'::- , ! i '4,"*.t:Tir•,,,*, -- ' .0".'-' 1':"., A ' 1 , . . i'. :-■,-.' A 'A'-‘9,A-.. .....„,' I / . 1 ' - 4 k t .14:. ..4 — 4 1 i . .. .1 1 - ... 44 , — t-- i:-•.., . I T 1 tWi" • t '1;4 -- - - -":"•• .......... r 111 , . ..,...,,, ; ,. . ... ., t 1 ' . k 2 141 : i - 1:- I ..... - - ;.:......, L„t, .. '' 1 , v, .' .... .... L ;- 4- .....,„„,......,, .,,. , N..?....`" _ . ,,,—......,„ NI,? -..:2,.........., _—_---- --,-.-:z1........—sh,-.74..— '--,. ' - ' '''''. K.,„ .._,-.. ,,,,„--,....--.7.,,,,'•:-.,'"'" -„;', ,,V t ' • X.:\ . - ... , 12"1 • t, r". ,, . . ,. ...... . :- •—• mosorama.7.,. , ..., 1 ' "...........e- ,.:, ,1.1 ..t,_ .______--_-- , Packet Page -767- 4/22/2014 16.D.3. r Office of the County Attorney Jeffrey A. Klatzkow Deputy County Attorney•Scott R.Teach Managing Assistant County Attorney•Heidi F.Ashton-Cicko` 'Board Certified City,County and Local Government Law Assistant County Attorneys•Colleen M.Greene Kevin L.Noell Emily R.Pepin Jennifer B.White August 16, 2013 Via U.S. Mail, Facsimile No. (510) 785-6819 and E-mail at bsibley @gillig.com Gillig LLC Attn: Butch Sibley,Regional Sales Manager P.O. Box 3008 Hayward. CA 94540-3008 Re: Collier County, Florida/Collier Area Transit Purchase Order No. 4500128229—Bus Trolley Wraps Notice of Copyright Infringement Claim and Exercise of Rights Under the Terms and Conditions of Purchase Order Dear Mr. Sibley: On August 9, 2013, Collier County received the attached correspondence from Butzel Long, attorneys for Trolley Illusions, LLC, that the three (3) trolly bus wraps provided by Gillig LLC under the above-referenced Purchase Order infringes on their client's copyright. I am writing to invoke Collier County's Indemnification and Warranty of Non-Infringement rights under the Terms and Conditions of Purchase Order No. 4500128229. Please direct this letter to your attorney for further review and response. The specific term of the Purchase Order that control states: 11. Warranty of Non-Infringement a) VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. b) VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, cost and expenses, including but not limited to attorneys' fees, arising from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11(a). 3299 East Tamiami Trail,Suite 80o•Naples Florida 34112-5749•(239)252-8400•FAX:'(239)252-6300 Packet Page-768- 4/22/2014 16.D.3. Mr. Butch Sibley August 16, 2013 Page Two c) If any claim which arises from VENDOR'S breach of section 11(a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services or replace or modify the goods or services so that they become non- infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). A copy of the Purchase Order and the relevant terms and conditions are also attached for your review. After you or your counsel has had an opportunity to review this matter, please contact me so we can discuss how we can address this issue as provided for in section 11(c). Addressing this issue does have an element of urgency because the county only has a limited number of buses in circulation and holding the three affected buses off route could impact service should other buses come out of service due to damage or maintenance. I can be reached by telephone at (239) 252- 8400. I would like to thank you in advance for your review of this issue and look forward to your response. Sincerely, S-e-"W /2/L. Scott R. Teach Deputy County Attorney CC: Michelle Arnold,ATM Director Trinity L. Scott,Public Transit Manager Jeffrey A. Klatzkow, County Attorney Leo E. Ochs, Jr., County Manager Enclosures: (1) Butzel Long July 26, 2013, Correspondence (2) Purchase Order No. 4500128229 04-COA-01081/718 3299 East Tamiami Trail,Suite 800 • Naples Florida 34112-4902•(239)252-8400•FAX:(239)252-630o Packet Page-769- 4/22/2014 16.D.3. BUTZEL LONG • 1 A T T O R N E Y S A N D C O U N S E L O R S a professional corporation Claudia Rest 734 213 3431 rast @butzel.com Suite 500 301 East Liberty Street Ann Arbor,Michigan 48104 T:734 995 3110 R 734 9951777 butzel.com July 26, 2013 Certified Mail - Return Receipt Requested Michelle Edwards Arnold Collier County Department of Alternative Transportation Modes 3327 Tamiami Trail East Naples, Florida 34112-4901 Re: Infringement of Trolley Illusions, LLC Copyright Dear Ms. Michell Edwards Arnold: Please be advised that this law firm represents Trolley Illusions, LLC ("Trolley Illusions") and Mr. Stanley K. Mitts of Spring Arbor, Michigan in matters pertaining to the protection of its intellectual property, Trolley Illusions is the owner of certain federally registered and common-law copyrights. Trolley Illusions has registered its trolley and bus graphic design (the "Work") with the U.S. Copyright Office; a copy of that registration is enclosed. After an extensive relationship which included the completion of over thirty busses, Collier County made the determination to end its relationship with Trolley Illusions. Following this, it has come to our attention that the Collier County Department of Alternative Transportation Modes ("Collier County") has contracted for, without Trolley Illusions' consent, designs and applications that are identical to, or deceptively similar to, Trolley Illusions' Work. Further, it has come to our attention that Collier County has ordered buses from Gillig Corporation possessing material that is identical to or deceptively similar to the Work. Any further use, advertising, marketing, distribution, or sale of this design after your receipt of this letter would be willful, giving rise to exposure for aggravated damages. It is extremely disappointing to see Mr. Mitts being taken advantage of during his senior years and on the limited income that his innovative designs have afforded him. It is clear that this issue would be one of concern for you community. Therefore, on behalf of Trolley Illusions we demand written assurances that Collier County take the following steps: /'• Ann Arbor Bloomfield Hills Detroit Lansing New York Washington D.C. Alliance Offices Beijing Shanghai Mexico City Monterrey Member teu Mandl www.butzel.com 000145032'.0001\407 200-1 Packet Pare-770- 4/22/2014 16.D.3. Trolley Illusions, LLC July 26, 2013 1. permanently cease and desist from further importation, advertising, marketing, distribution, and sale of Collier County's infringing trolley design; 2. destroy or remove Collier County's inventory of the infringing design and confirm the number of units destroyed or removed; and 3. permanently cease and desist from further reproduction and distribution of Collier County's infringing design. Trolley Illusions is eager to resolve the matter swiftly, thus, we demand your substantive response to this letter no later than the close of business on August 16, 2013. These demands are made without prejudice to Trolley Illusions' legal rights, all of which are expressly reserved. If you fail to meet these demands, Trolley Illusions reserves its right to take any necessary legal action to protect its valuable intellectual property rights. In view of the seriousness of Collier County's activities, we recommend that you or your counsel contact the undersigned immediately to expedite compliance with these demands to cease and desist from present and future infringement. We look forward to hearing from you on or before the above-mentioned date. Very truly yours;_,, . i ✓� �� � ©, gyp.� Claudia Rest Enc. CR/jad cc: Mr. & Mrs. Stanley K. Mitts C N rn r o z C) /4 000145032t0001\407200-1 page 2 Packet Pa:e -771- 4/22/2014 1 6.D.3. CERTIFICATE OF REGISTRATION FORM VA . III For a INork of the Visual Arts UNITED STATES COPYRIGHT OFFICE ,..---■ 0_,,,i. • •0• 1 •7;I:F.: Certifical.e. issuul Lincvi fnc: f'f.f;. Cr l . ...,c1,)','!'..f''• ' BMW. Office In accardonce it !ilk- "7. 1.1iiii,c.: (1,"<1.,'; ';',c,,ri.': EAu 453.735 ,r.le'Sts thaf remstialwri nz...,.,tjt..fer.i,),Lci,ft,; '',I- lvt,tt,,„Ag,.•:;, -.. , ,r1- ..- . b..1100. -rir, y ic.a.rn.a■ror _a. .Th., ;0 .,,,.,,.... . ,1,, ,,e., , 11/1111/ 1111/111 twouseitemene EFFECTIVE DATE OF REGISTRATION .._„ --- . Mentn Day nor DO NOT WRITE ABOVE THIS LINE IF YOU NEED MORE SPACE,USE A SEPARATE CONTINUATION SHEET. Trru OF THIS WORK V NATURE OF THIS WORK V see Vtetreotionr t..-1., • 1. -, PREVIOUS OR ALTERNATIVE TITLES V Mil 1("A1 ION AS A ccrNTRtistrnoty ii rots worl lee rrooloreeo o•a r onettnnton 14,4 ortneitt di *Ilk', et Corey,int, 0,,Itt±itla",tt;•iel:II.,:.:::V.".- in,...it lit Winch tier rtentibul ton twiny:et,: i eta or t nlierene nines V . - - It etibe5ttect In a perrodual or sensi grvc Vetuntr It nionine:It' issue Do,V On Pares V` 411111111011111•111111111111111111111111ele 411111111111* \ NAME OF AUTHOR!' DATES OF BIRTH AND DEATH Year Horn V Year Died V ci ",`, :-)t.an1P1., K. Mitts • , . . , Was this contribution to On-work a AUTHOR'S NATIONALITY OR DOMICILE WAS THIS AUTHOR'S CONTRIBUTION TO "work matii•for turel 14"'""'''C'c'unl'Y THE WORK It The answer to eke*, LiY. oR Citizen Of . _..--...',..---.:-.........I....4... ....---- el**Se**Were* AnCe‘Yrn°"° 0'(" 3 Na 'Yin:NM eateSeC ill No L I*Ienetiled rtilt_---,--------------- tor,..do,,yrnous, 0 Ye„ a N. 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Year Wall eaves haat Wen publethed. ._ , COPYRIGHT CLAIM ANT(S)Name and add rest.mum be riven even tithe clatmenl Is the ranee ANS 11A PPLICATIPN,FWCEIVED • ' hi audio(given in noarr 7 V • ' • - ._1(227.1)'7 --'LS • )1",.9 A.)4.E 1./ ,i<, fly; 7_.r.r iir')- ONE DP,D$11 HErEEIVED • Pe" 40X 4101,4- ?(6o as ,4/xi& 'lit do iee.,,, Ri), w 0 - L .• 1,2--C)7"' 8 _ „ •-it! t:.ntn r nrnftV,ne ..,..df A: 11,16,-* 4(F'28 3 E 4," TWO DEPOSITS RECEIVED TRANSFER II the elainiant(s)ruuned here m%pact.4 is(are)ti tf fermi Nom the a uthor(s)named on §,..0 spare"...,.give A hoer statement of how the claimant(s)obtained ownership of the copyright.V FUNDS RECEIVED E° „......, MORE ON BACK it •Cempeote at appecatee srxrees member%0.Won the reverse stle oh Ous mos DO MOT WRITE HERE •Sob,0o#W04 restruceone •hill the elm at Iwo 6 Noe I it.._...4...pages • Packet Pa:e-772- 4/22/2014 16.D.3. * hided by C.U. Authority of Orono call tO ExANNEDey KW VA Stanley E. Mitts on September 29, 1999. 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Send all Invoices to: Collier County Board of County Commissioners �.L.� Collier County Board of County Commissioners • Purchasing Department m Attn:Accounts Payable Phone:239-252-8407 ,5 • 3299 Tamiami Trl E Ste 700 Fax: 239-732-0844 .,; Naples FL 34112-5749 • • Tax Exempt:85-80159665310-1 r,u�'` OR email to:bccapclerk @collierclerk.com Purchase Order number must appear on all related correspondence,shipping papers and invoices: Vendor# 111747 Purchase order PO Number 4500128229 Date 06/28/2011 GILLIG PO Box 45569 Contact Person Trans ATM SAN FRANCISCO CA 94145-0569 Please deliver to: GROWTH MANAGEMENT DIVISION C&M Delivery Date: COLLIER AREA TRANSIT 8300 RADIO RD NAPLES FL 34104 Terms of Payment Net 30 Days Currency USD item Material Description Order Qty Unit Price Per Unit Net Value 00010 3 Bus Trolly Wraps 15,882 each 1.00 15,882.00 Quantity still to be delivered Oeach Item completely delivered Total net value excl.tax USD 15,882.00 VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Purchasing Internet site: http://www.colliergov.netilndex.aspx?page=762(revision date 01/22/2008),including delivery and payment terms.Further the VENDOR agrees to: 1. Provide goods and services outlined in this Purchase Order with the prices,terms,delivery method and specifications listed above. 2_ Notify department Immediately if order fulfillment cannot occur as specified: 3. Send all invoices to: Collier County Board of County Commissioners Attn:Accounts Payable 3299 Tamiami TrI E Ste 700 Naples FL 34112-5749 OR email to:bccapclerk @collierderk.com The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: Joanne Markiewicz,General Services/Purchasing Director Punted 08/13,2013 15:08:02 12S"' -"""""""-' Page 1 of 1 Packet Page-776- 4/22/2014 16.D.3. Collier County • Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order(including all documents attached to or referenced herein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR,the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing,crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load(LCL)shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices,whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the"Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time,as interpreted by the COUNTY alone, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of G/Operations/Document Approved by Attorney Revised:5/5/10 Packet Page-777- 4/22/2014 16.D.3. nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing,VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty(30)days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production,free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien,encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order, 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys'fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property(including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement a) VENDOR represents,and warrants that all goods sold or services performed under this Purchase Order are:a) in compliance with applicable laws b)do not infringe any patent,trademark, copyright or trade secret and c) do not constitute unfair competition. b) VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims,including claims of negligence,costs and expense, including but not limited to attorneys'fees,which arise from any claim,suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDORS representations and warranties in section 11 (a)_ c) If any claim which arises from VENDOR'S breach of section 11 (a)has occurred, or,is likely to occur,VENDOR may at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services,or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance,quality,functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense,shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example,this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans status. Further,VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the G/Operations/Document Approved by Attorney Revised:5v5r10 Packet Page -778- 4/22/2014 16.D.3. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324,et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s)to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property,transient rental property rented,tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the •'■ terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061,Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order,the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and for conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. G/Operations/Document Approved by Attorney Packet Page-779- Revised:5/5/10 4/22/2014 16.D.3. EIMS Post Office Box 3008 Hayward,CA 94540-3008 (510)785-1500 January 20, 2014 Michelle Edwards Arnold Alternative Transportation Modes Dept. 3299 Tamiami Trail East, Suite 103 Naples, FL 34112 Dear Mii:iiviic, Enclosed please find GILLIG check No. 473286 in the amount of$16,362.00 for total reimbursement of the three bus wraps that allegedly created Trolley Illusion's copyright infringements. GILLIG agrees to reimburse the County the cost of the trolley wraps purchased by the County under Purchase Order No. 4500128229 issued on June 28, 2011 in the amount of $15,882.00 for the design, manufacture and installation of those three (3) full bus wraps on your previously delivered buses. GILLLIG also agrees to reimburse the County the cost of the removal of those wraps at four(4) hours per bus at the County's labor rate of $40.00 per hour. Total reimbursement is $16,362.00. Upon payment of this check to the County, it is mutually agreed that GILLIG LLC is hereby released from any and all actions, causes of actions, suits, claims and demands either legal or otherwise in connection with this trolley wrap issue. We trust this will bring final resolution to this issue and should you have any further questions please feel free to contact me or Butch Sibley. Sincerely, Joe Policarpio Vice President Sales and Marketing JP:krl Enclosure JAN 272014 Packet Page-780-