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HomeMy WebLinkAboutItem 05 Approval of Grant Agreement with FHWO City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: October 20, 2026 Item #: 5 Contact Name: Kiel Gajadhar Department Director: Nick Lepp Contact Number: Ext. 7002 City Manager: Craig Shadrix Subject: Approval of Grant Agreement with Foundation for a Healthier West Orange. (Development Services Director Lepp) Background Summary: City staff applied for a matching grant with the Foundation for a Healthier West Orange (FHWO) in the amount of $100,000 to begin Phase 1 construction of the Ocoee Downtown Rail Trail. The Rail Trail will run along Kissimmee Avenue from W. Oakland Avenue south to Ohio Street and will provide Ocoee families with expanded access to the West Orange Trail Network. On May 12th, 2026, the FHWO board approved the City's grant request. The grant agreement includes the following terms and requirements: • FHWO will issue the $100,000 grant payment once the City has expended its matching $100,000 toward Phase 1 construction. • Phase 1 must be completed within three years. • The City will support the Healthy West Orange initiative and, where possible, display the Healthy West Orange logo and provide links to the movement (https://healthywestorange.org/) and the Healthy West Orange Trails Connection (https://fhwo.org/hwo-trails-connection) on its website. • The City will incorporate permanent and prominent Healthy West Orange naming and branding on all trail assets funded through the grant and include Healthy West Orange information in related programming and educational materials. Additionally, the City is engaged in good-faith negotiations with CSX Transportation to acquire the remaining parcels needed for construction of the Ocoee Downtown Rail Trail. Issue: Should the Honorable Mayor and City Commission accept the requirements identified in the FHWO Agreement and authorize the Mayor to execute the agreement on behalf of the City? Recommendations: Staff recommends the Honorable Mayor and City Commission accept the requirements identified in the FHWO Grant Agreement and authorize the Mayor to execute the agreement on behalf of the City. Attachments: 1. HWOTC Grant Agreement 2. Downtown Rail Trail Design 3. CSX Support Letter City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Financial Impacts: The required $100,000 grant match has been fully allocated within the Fiscal Year 2026–2027 Public Works Street Operations capital budget. Type of Item: Consent 1 GRANT AGREEMENT between FOUNDATION FOR A HEALTHIER WEST ORANGE and CITY OF OCOEE This Grant Agreement (this “Agreement”) is dated August 1, 2026 (the “Effective Date”) and is between HWO, Inc., a Florida not-for-profit corporation doing business as Foundation for a Healthier West Orange (the “Foundation”), City of Ocoee, a Florida municipal corporation (the “Grantee”), and, for the limited purposes set forth herein, the Healthy West Orange Trails Connection (the “HWOTC”). WHEREAS, the Foundation is a public charity as described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which works to preserve the public health and to improve the health and wellbeing of residents of West Orange County, Florida, by inspiring healthy behaviors, championing healthy programs, uniting health-minded organizations, advocating for healthy community decisions, and investing in the health and wellbeing of the West Orange County community; and WHEREAS, upon the recommendation of the HWOTC, the Grantee is being awarded grant funding from the Foundation in the amount of $100,000.00 from the HWOTC Facilitation Fund, which will allow Grantee to begin Phase 1 of the Downtown Ocoee Rail Trail which will enhance the segment from W. Oakland Ave. to Ohio Street to include 1312 linear feet of a 12 foot asphalt trail (the “Project”). WHEREAS, the Grantee has represented to the HWOTC and to the Board of Directors of the Foundation (the “Board”) that the Project will promote the health and welfare of the residents of West Orange County; and the Board has determined that providing financial support to the Grantee for the Project is consistent with and furthers the Foundation’s purpose and mission to promote the health and welfare of the residents of West Orange County, and WHEREAS, the Foundation and the Grantee now desire to enter into this Agreement to describe the terms and conditions under which the Foundation will provide the grant funding to the Grantee for the Project; NOW, THEREFORE, the parties agree as follows: 1. Recitals. The above recitals are true and correct and are hereby incorporated into this Agreement by reference. 2. Description of the Project. The Grantee has requested a grant from the Foundation for funding in the amount of $100,000.00 to be paid, as funds are required, to complete Phase 1 of the Downtown Ocoee Rail Trail from W. Oakland Avenue south to Ohio Street. This Trail will help families who reside in the City of Ocoee in West Orange County to enjoy further access to the West Orange Trails network. Funding and Cost Details: Total Estimated Cost: $404,700 • Rest Area – 2 @$6,000 each ($12,000) • 200 gallon Oak Trees 20 @ $3,000 each ($60,000) 2 • Crepe Myrtles 16 @ $1200 each ($25,600) • Landscape Buffer Allowance ($15,000.00) • Dog Waste Stations 2 @ $1,200 ea. ($2,400.00) • Bollards 14 @ $1,200 ea. ($16,800.00) • Wayfinding Signage 7 @ $1,500 ea. ($10,500.00) • Trail w/crossings - $1,312 per linear feet @ 200 linear feet ($262,400.00) 3. The Foundation’s Commitments. The Foundation agrees to provide grant funding pursuant to the terms of this Agreement for the Project in the amount of One Hundred Thousand Dollars ($100,000.00) (the “Grant Funds”). Any costs of the Project in excess of the amount of Grant Funds shall be the responsibility of the Grantee. 4. The Grantee’s Commitments. a. Use of Grant Funds. The Grantee agrees to use the Grant Funds solely in conformance with the description of the Project above. Failure of the Grantee to complete the Project in accordance with the terms of this Agreement or to the satisfaction of the Foundation may be considered a material breach and shall entitle the Foundation to require the Grantee to promptly repay some or all of the Grant Funds. b. Healthy West Orange. The Healthy West Orange movement is a priority of the Foundation, with the goal to make West Orange the healthiest community in the nation. The Grantee will support the efforts and where possible, the Grantee shall display Healthy West Orange logo on the Grantee’s website and provide a link to the movement: https://healthywestorange.org/ as well as a link to the Healthy West Orange Trails Connection: https://fhwo.org/hwo-trails-connection. c. Branding and Naming. Grantee shall ensure the inclusion of permanent and prominent Healthy West Orange naming and branding for trail assets paid for through the Grant Funds. The Grantee shall include Healthy West Orange information in Grantee’s programming and educational materials, all in a form acceptable to and approved by the CEO or her designee. 5. Reporting Requirements. The Grantee shall provide a written summary report to the Foundation and to the HWOTC every six months after the date of this Agreement until the Project is completed, and include a narrative account of the Project work completed, an accounting for the use of the Grant Funds, measurable project outcomes, and costs incurred. The report should provide certification that the Grant Funds are being used in conformance with this Agreement. 6. Term. The Agreement shall expire after the Foundation’s receipt and acceptance of the Grantee’s final report required by Section 5, but not beyond three years from August 1, 2026. Any provisions of this Agreement creating obligations extending beyond the term of this Agreement shall survive the expiration or termination of this Agreement. 7. Notices. Notices or other communications under this Agreement must be in writing and signed by the sending party, and the sending party must use one of the following methods of delivery, in which case notice will be effective upon receipt: (a) personal delivery; (b) registered or certified mail, in each case return receipt requested and postage prepaid; or (c) nationally recognized 3 overnight carrier, with all fees prepaid. Delivery via facsimile or e-mail is also permitted provided it is followed by delivery via one of the methods (a)-(c) above, and any such delivery via facsimile or e-mail shall not be deemed to have been received until such delivery pursuant to methods (a)- (c) above shall have been received. Notices or other communications shall be addressed to the receiving party at the addresses listed below for the receiving party or to any other addresses designated by the receiving party in a notice in accordance with this Section 7: For the Foundation: Foundation for a Healthier West Orange Attention: Tracy Swanson 1200 E. Plant St. STE200 Winter Garden, Florida 34787 Phone: 407-337-6919 tswanson@fhwo.org City of Ocoee: Attn: Rusty Johnson and Brett McFarlane 1 N. Bluford Ave. Ocoee FL., 34761 Phone: 407-905-7110/ 407-554-7145 bmcfarlane@ocoee.org 8. Assignment. Neither party may assign this Agreement without first obtaining the prior written consent of the other party. 9. Press Releases. Neither party shall issue a press release with respect to this Agreement without the prior review and written consent of the other party. Any press release issued shall be mutually agreed to by both parties. Neither party will use the name or logos of the other party or any of its affiliates, or of any of its employees, for any purpose without prior written permission from the other party. 10. Amendments, Waiver. No change or modification to this Agreement, or waiver of any provision, shall be valid unless the same is in writing and signed by all parties hereto. No failure or delay on the part of either party in exercising any right or remedy under this Agreement shall operate as a waiver. 11. Indemnification; Limitation of Remedies and Liability. a. The Grantee shall defend, indemnify, and hold harmless the Foundation, its officers, directors, agents, and employees from and against all claims, damages, losses, liens, and expenses, (including but not limited to reasonable fees and charges of attorneys or other professionals and court and arbitration or other dispute resolution costs) to the extent arising out of or resulting from (i) breach of the terms of this Agreement by the Grantee, (ii) violations of applicable law by the Grantee, or (iii) disease or death of third parties (including Foundation employees and agents and those of the Grantee) relating to the Project. The provisions of this section shall survive the expiration or termination of this Agreement for any reason. b. The Grantee waives all claims against the Foundation for injury, death, damage, or loss arising from or related to activities conducted under this Agreement. The Foundation is not liable to the Grantee for indirect, special, or consequential damages, including, but not 4 limited to, loss of revenue, loss of profit, cost of capital, or loss of opportunity, regardless of whether such liability arises out of contract, tort (including negligence), strict liability, or otherwise. 12. Entire Agreement. This Agreement sets forth all of the promises, agreements, conditions, understanding, warranties, or representations among the parties with respect to the matters set forth herein, and there are no promises, agreements, conditions, understandings, warranties, or representations, oral or written, express or implied, among them with respect to such matters except as set forth herein. 13. Applicable Law; Venue. This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the United States District Court for the Middle District of Florida or the Ninth Judicial Circuit, in Orange County, Florida, and the parties waive any objections as to jurisdiction or venue in such court. 14. Compliance with Federal, State and Local Laws. In the performance of this Agreement, the parties shall comply with all federal, state, and local laws, rules, and regulations that may be applicable to this Agreement. 15. Attorneys’ Fees. If any litigation or controversy arises out of or in connection with this Agreement between the parties hereto, the prevailing party in such litigation or controversy shall be entitled to recover from the other party all reasonable attorneys’ fees, expenses, and suit costs, including those associated with any appellate or post-judgment collection proceeding. 16. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and shall remain enforceable to the greatest extent permitted by law. 17. Public Records. To the extent the Grantee is acting on behalf of the Foundation as provided under Subsection 119.011(2) of the Florida Statutes, the Grantee shall: a. Keep and maintain public records required by the Foundation to perform the services under this Agreement. b. Upon request from the Foundation’s custodian of public records, provide the Foundation 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 Chapter 119 of the Florida Statutes or 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 the Agreement term and following completion of this Agreement if the Grantee does not transfer the records to the Foundation. d. Upon completion of this Agreement, transfer, at no cost, to the Foundation all public records in possession of the Grantee or keep and maintain public records required by the Foundation to perform the service. If the Grantee transfers all public records to the Foundation upon completion of this Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Grantee keeps and maintains public records upon completion of this 5 Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Foundation, upon request from the Foundation’s custodian of public records, in a format that is compatible with the information technology systems of the Foundation. If the Grantee fails to provide the public records to the Foundation within a reasonable time, the Grantee may be subject to penalties under Section 119.10 of the Florida Statutes. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE FOUNDATION’S CUSTODIAN OF PUBLIC RECORDS AT (407) 337-6919, AMendyk@fhwo.org, 1200 E. Plant St. STE 200, Winter Garden, FL 34787. 18. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument. Signatures to this Agreement transmitted by facsimile transmission, by electronic mail in “portable document format” (.pdf) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing the original signature. IN WITNESS WHEREOF, the parties, acting through their officers or representatives thereunto duly authorized, have executed and delivered this Agreement as of the Effective Date. THE FOUNDATION: THE GRANTEE: HWO, INC. d/b/a FOUNDATION FOR A CITY OF OCOEE HEALTHIER WEST ORANGE By: [See attached signature page] Tracy Swanson, Chief Executive Officer THE HWOTC: HEALTHY WEST ORANGE TRAILS CONNECTION By: Print Name: Title: 6 CITY: CITY OF OCOEE, FLORIDA By: Rusty Johnson, Mayor ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED BY THE CITY OF OCOEE COMMISSION AT A MEETING HELD ON _____________________ ______, 20___ UNDER AGENDA ITEM NO. ____ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ____ day of ________________, 20__. FISHBACK DOMINICK By: __________________________ Richard Geller, City Attorney