Backup Documents 12/10/2024 Item #11B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 B
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. (Enter your Dept here)
3. County Attorney Office County Attorney OfficeC94 hiI tt '
4. BCC Office Board of County CH by MB
Commissioners [s] 1Zl(7
5. Minutes and Records Clerk of Court's Office
44 idaliZet
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was 12/10/24 Agenda Item Number
Approved by the BCC _ l(13
Type of Document(s) Ikcseiut ion • Number of Original
Attached Aq/Yer.a Documents Attached
PO number or account J
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's signature?(stamped unless otherwise stated) MB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information (Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by MB
the Chairman,with the exception of most letters,must be reviewed and signed by the
Office of the County Attorney.)
4. All handwritten strike-through and revisions have been initialed by the County Attorney MB
Office and all other parties except the BCC Chairman and the Clerk to the Board.
5. The Chairman's signature line date has been entered as the date of BCC approval of the MB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MI3
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. Some documents are time sensitive and require forwarding to Tallahassee within a
certain time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on_12/10/24_and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County an option for
Attorney Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the 'N/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the an option for
Chairman's signature. this line.
I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
11B
NAMING RIGHTS AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into
on this 10/4 day of Decr,,s .ec ,2024,by and between DAVID LAWRENCE MENTAL
HEALTH CENTER, INC., a Florida not-for-profit corporation ("DLC") and COLLIER
COUNTY, a political subdivision of the State of Florida, ("County").
WITNESSETH:
WHEREAS, on May 25, 2021, the Collier County Board of County Commissioners
("Board") approved a purchase and sale agreement with DLC for the County to acquire a vacant
five-acre parcel of land upon which it would construct a Collier County Behavioral Health Center
(the"Facility"), along with a Long-Term Lease and Operating Agreement("Lease"), under which
DLC would lease back the land from the County and operate the Facility; and
WHEREAS, the Parties recognize the need to raise critical funding for operations and
maintenance of the Behavioral Health Center; and
WHEREAS, the DLC wishes to allow donors to make charitable gifts to DLC, and in
consideration for such gift, name a space within the Behavioral Health Center; and
WHEREAS, the Parties wish to enter into this Naming Rights Agreement setting forth the
terms of conditions of naming rights within the Behavioral Health Center.
NOW, THEREFORE, in consideration of these premises and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed
by and between the parties as follows:
1. All of the above recitals are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are
made a part of this Agreement.
2. For so long as this Naming Rights Agreement is in effect,DLC shall be granted
the exclusive right to enter into a Charitable Pledge Agreement with each donor in a form
substantially similar to that in Exhibit A, attached.
3. DLC understands and agrees that all donations acquired in consideration for
naming a space within the Behavioral Health Center shall be restricted specifically for use within
the Behavioral Health Center and for no other reason. For clarification, this Naming Rights
Agreement applies only to the naming rights to the Behavioral Health Center building and the
donations received by DLC for such naming rights. DLC retains the rights, independent of this
Naming Rights Agreement and the Behavioral Health Center, to grant naming rights in other
buildings and properties and to receive donations in exchange for those rights.
4. Donations with naming rights shall be deposited into a segregated account
owned by DLC. The Collier County Clerk of Courts and Comptroller is authorized to inspect,
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review or audit the accounts, books, records and activities of DLC as it relates to donations with
naming rights in conformity with generally accepted government auditing standards.
5. Should the Lease be terminated for any reason, any maintenance and operating
funds held in the segregated account, donated in consideration for naming rights, shall be
transferred to the successor operator of the Behavioral Health Center, conditioned upon any
successor operator being bound by the terms of this Naming Rights Agreement and the Charitable
Pledge Agreement associated with such transferred funds.
6. Should the Lease be terminated for any reason, any unspent funds donated for
furniture, fixtures or equipment donated in consideration for naming rights shall be transferred to
the successor entity or the County, for expenditure in accordance with the purpose of the donation.
DLC shall maintain an itemized inventory list of any furniture, fixtures, or other assets acquired in
consideration for naming right. Upon termination of the Lease or upon DLC's vacation of the
building, all such furniture, fixtures,or other assets acquired in consideration for naming right shall
be donated to the successor entity or the County and shall remain with the building.
7. Naming rights previously granted shall remain in effect according to the terms
of the Charitable Gift Agreement(s)under which those rights were granted.
8. DLC understands and agrees to comply with all requirements set forth in
Florida Public Records Law, Section 119.0701, Florida Statutes, and shall:
a. Keep and maintain public records required by the public agency.
b. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
c.Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of this Agreement and following termination if DLC does not transfer the records
to the public agency.
d. Upon termination of this Agreement,transfer, at no cost, to the public agency all
public records in possession of DLC or keep and maintain public records required by the
public agency to perform the service. If DLC transfers all public records to the public
agency upon completion of the contract, DLC shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If
DLC. keeps and maintains public records upon termination of this Agreement, DLC shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
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e. Failure by DLC to grant such public access and comply with public records
requests shall be grounds for immediate unilateral termination of this Agreement by the
County. DLC shall promptly provide the County with a copy of any request to inspect or
copy public records in possession of DLC and shall promptly provide the County with a
copy of DLC's response to each such request.
9. IF DLC HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THEIR DUTY TO PROVIDE PUBLIC RECORDS,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 341 12-5746
Telephone: (239) 252-8999
Email: PublicRecordRequestraOolliercountti fl.gov
10. The County may terminate this Agreement for convenience and without penalty
with a thirty (30) days written notice. Should the Lease be terminated by either Party, this
Agreement shall automatically terminate. However, the termination of this Agreement, for any
reason, shall not terminate or alter the naming rights previously granted in any Charitable Pledge
Agreements.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day
and year hereinabove written.
ATTEST: ,. BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.A. j ,Clerk of the OF COLLIER COUNTY, FLORIDA
Circuit 4 rA ler
F, ,.„ By.
I r Chris 1, hainnan
Atie..Gil' n s,
signature only.
Appro .;s to form and legality:
po
_ i
Sally A hkar � ,
A ista► 4 unty Attornek S\
Ov DAVID LAWRENCE MENTAL
HEALTH CENT 'R, INC.
OT 1'BURGESS, President/CEO
111B
EXHIBIT A
Charitable Gift Agreement between
David Lawrence Mental Health Center, Inc.
and
XYZ Donor
This Charitable Gift Agreement dated , 2024 (the "Agreement"), by and
between (i) XYZ (the "Donor"), and (ii) David Lawrence Mental Health Center, inc. ("DLC").
WHEREAS, DLC represents and warrants that (i) it is an organization described in the
Internal Revenue Code section 501(c)(3), and (ii) is classified as a public charity under Internal
Revenue Code section 509(a)(1), not a private foundation.
WHEREAS, DLC is a Southwest Florida-based, Not-for Profit leading provider of
behavioral health solutions dedicated to providing life-changing and life-saving behavioral
healthcare through education, prevention, intervention, and treatment available to all.
WHEREAS, the Donor wishes to promote and enhance the work of DLC and, to that end,
the Donor wishes to make a charitable gift totaling XXX Dollars ($XXX) (the "Gift") to DLC,
subject to the terms and conditions of this Agreement.
WHEREAS, the Donor recognizes that the Gift will be used in support of the Hope for
Collier: Building Stronger Minds Together Campaign.
NOW, THEREFORE, the parties hereto agree as follows:
1. Gift. Donor hereby pledges for the use and benefit of DLC the following gift: $XXX
("Gift").
2. Payment of the Gift. The Gift is an irrevocable pledge that will be paid to DLC
according to specific schedule to be established between DLC and the Donor by XXXX
a. Payment 1
b. Payment 2
c. Payment 3
d. Donor may accelerate the payment of this pledge at any time at Donor's
discretion so long as the cumulative total of all gift payments are made on or
before the schedule outlined above. Payments shall be paid by Donor to DLC via
check, electronic funds transfer, stocks or other securities, or other methods
acceptable to Donor and DLC.
3. Use of the Gift. The Gift shall be used in support of the Hope for Collier: Building
Stronger Minds Together Campaign which shall be used solely for the purposes of
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funding the furniture fixture and equipment and/or operational and maintenance needs of
the Collier County Behavioral Health Center ("CCBHC")
4. Acknowledgment. In consideration for the Gift, DLC will acknowledge the Gift by
naming the XYZ space within the CCBHC a name which is agreeable to both the donor
and DLC ("Name"). Before the Name is fabricated and physically placed in a visible
location of the space, Donor shall have paid at least 50% of their pledge. Subject to the
terms of this Agreement, the Name shall last as long as:
a. Neither of the conditions described in paragraph 5 a. or 5 b. below occur; and
b. DLC or a successor entity is operating the CCBHC for the purposes of providing
behavioral health services from the building.
5. Termination of Naming.In addition to any rights and remedies available at law, DLC
may terminate this Agreement and all rights and benefits of the Donor hereunder,
including terminating the Name:
a. In the event of any default in payment of the Gift as provided in this Agreement,
or
b. In the unlikely event DLC determines in its reasonable and good faith opinion that
circumstances have changed such that the Name chosen by the Donor would
adversely impact the reputation, image, mission or integrity of DLC, in the event
of a continued association with Donor and the continuation of the Name provided
for herein.
Upon any such termination of this Agreement and/or the Name hereunder, DLC shall
have no further obligation or liability to Donor and shall not be required to return any
portion of the Gift already paid by the Donor. DLC, however, may in its sole and
absolute discretion determine an alternative recognition for the portion of the Gift already
received.
6. Modification of Name. If during the useful life of the Building, the Building is
transferred or conveyed from DLC,closed, deconstructed, destroyed or severely
damaged, significantly renovated, upgraded, or modified; relocated, or replaced, then the
Name will cease. In such event, however, the Donor, if available, and in consultation
with and as mutually agreed by DLC, will have the right, for no additional payment,to
have another available and equivalent building named by the Donor, assuming such name
complies with the terms of this Agreement.
7. Publicity. For purposes of publicizing the Gift and the Name,DLC will have the right,
without charge, to photograph the Donor and use the Name, likenesses, and images of the
Donor in photographic, audiovisual, digital or any other form of medium (the"Media
Materials") and to use, reproduce, distribute, exhibit, and publish the Media Materials in
any manner and in whole or in part, including in brochures, website postings,
informational and marketing materials, and reports and publications describing DLC's
development and business activities.
8. Assignment. This Agreement and the rights and benefits hereunder may not be assigned
by either party without the prior written consent of the other party, which consent shall be
in the sole and absolute discretion of the non-assigning party.
9, Entire Agreement. This Agreement constitutes the entire agreement of the parties with
regard to the matters referred to herein, and supersedes all prior oral and written
agreement, if any, of the parties in respect hereto. This Agreement may not be modified
or amended except by written agreement executed by both parties hereto. The captions
inserted in this Agreement are for convenience only and in no way define, limit, or
otherwise describe the scope or intent of this Agreement, or any provision hereof, or in
any way affect the interpretation of this Agreement.
10. Governing Law and Venue. This Agreement will be governed by and construed in
accordance with the laws of the State of Florida without regard to any conflict of laws
rule or principle that might refer the governance or construction of this Agreement to the
laws of another jurisdiction. Subject to the sovereign immunity of the State of Florida,
any legal proceeding brought in connection with disputes relating to or arising out of this
Agreement will be filed and heard in Collier County, Florida, and each party waives any
objection that it might raise to such venue and any right it may have to claim that such
venue is inconvenient.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and
year hereinabove written.
XYZ
XYZ
DAVID LAWRENCE MENTAL HEALTH CENTER, INC.
SCOTT BURGESS, President/CEO
EDWARD MORTON, Chairman