TO: The Honorable Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
THROUGH: Michael C. Zito, Deputy County Administrator
Nancy Bunt, Assistant County Administrator
Beth Powell, Parks, Recreation, & Conservation Director
Kylie Yanchula, Natural Resources Director
FROM: Wendy Swindell, Assistant Director, Parks, Recreation & Conservation
DATE: November 5, 2025
SUBJECT: Draft Memorandum of Agreement Between the St. John’s River Water Management District and Indian River County for Coastal Habitat Rehabilitation and Restoration
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BACKGROUND
Indian River County maintains a long-term relationship with the St. John’s River Water Management District (SJRWMD) on cooperative efforts for the restoration and management of coastal habitat. The Oslo Riverfront Conservation Area is one example of this effort. The SJRWMD is developing this Memorandum of Agreement in contemplation of entering into project agreements with counties bordering the Indian River Lagoon and currently plan to present a version of this MOA for Brevard County projects to their Governing Board on December 9, 2025.
The purpose of this Draft MOA is to provide the Board with the general language and content of the document. The MOA serves to formalize agency cooperation between the SJRWMD and Indian River County (County) on performing impacted coastal habitat rehabilitation and restoration projects in and around coastal estuarine waters. Each Project will have a goal to restore, rehabilitate, or enhance coastal habitats providing additional ecosystem services/functions and enhancing resilience.
The County would be entering into this MOA with the District to memorialize the terms and conditions under which the District shall assist in support of Projects. Attachment 1 includes a draft of the MOA; the MOA is the framework that guides the development of specific project agreements. While there is no set list of projects at this time, this work may include a broad scope of ventures, including wetland restoration, creation of living shorelines, and in-water work such as man-made reefs and breakwaters.
ANALYSIS
The general scope of work for projects will include (i) preconstruction activities; (ii) bidding and contractor selection; (iii) implementation/construction; and (iv) operation and management activities. However, the MOA acknowledges that the exact scope of each Project is unknown. Rather, the Parties will jointly identify feasible Projects and agree upon the division of resources needed to accomplish each individual Project. All Projects will be limited to those generally described in the Scope of Services/Work (Attachment A within the Draft MOA).
When the District and the County agree upon a Project, a Project Agreement will be executed specifying each Party’s obligations and expectations. Project Agreements may require one Party to perform the work identified, may require the other Party to fund said work, or may be a mix, wherein the Parties share the work and funding responsibilities. A Sample Project Agreement is presented in Attachment B of the Draft MOA. Nothing contained herein shall be construed as requiring a Party to execute a Project Agreement. Depending on the Project Agreement, either party may procure contractors to perform some or all of the work identified so long as the procurement follows competitive procurement protocols as set forth in the each agency’s procurement policies.
The MOA and all associated Project Agreements are at all times contingent upon funding availability, which may include a single source or multiple sources, including but not limited to: (1) ad valorem tax revenues appropriated by the District’s Governing Board; (2) County funding through the various sources; (3) annual appropriations by the Florida Legislature, or (4) appropriations from other agencies or funding sources.
BUDGETARY IMPACT
There is no budgetary impact in the approval or execution of the MOA and supports funding partnerships for future Projects. Project Agreements with financial obligations will be brought to the Board separately for consideration and approval.
POTENTIAL FUTURE BOARD ACTIONS
Consideration of Project Agreements under the terms and conditions of the MOA for approval.
STRATEGIC PLAN ALIGNMENT
Quality of Life, Environment
OTHER PLAN ALIGNMENT
Lagoon Management Plan
STAFF RECOMMENDATION
Recommended Action
Staff respectfully recommend the Board authorize the County Attorney to work with the SJRWMD staff to develop a final Memorandum of Agreement Between the St. John’s River Water Management District and Indian River County for cooperative project agreements to further coastal habitat rehabilitation and restoration projects in Indian River County, and authorize the County Administrator to execute the final MOA subject to review and approval by the County Attorney so long as there are no substantive changes to the draft MOA.