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Agenda 11/14/2023 Item #16A14 (Memorandum of Agreement between Collier County and the State of Florida Department of Health )11/14/2023 EXECUTIVE SUMMARY Recommendation to approve a Memorandum of Agreement (MOA) between the State of Florida, Department of Health, and Collier County for plan review, fee collection, and reconciliation. OBJECTIVE: To approve an Onsite Sewage Treatment and Disposal Systems (OSTDS) agreement between the State of Florida, the Department of Health (DOH), and Collier County to continue providing the quality and efficiency of permits that require OSTDS applications. CONSIDERATION: In 1989, the Department of Health was housed at 2800 Horseshoe Drive N; beginning at that time, Collier County processed Health Department applications and fees related to building permits and continues to do so, even after they moved out of the building. On July 12, 2023, the State of Florida, Department of Health requested an agreement between Collier County Growth Management Community Development Department (GMCD) and the State of Florida, Department of Health to recognize what has been in place for the plan review, fee collectio n (in accordance with Resolution No. 2016-224 and rule 62-6.030, F.A.C), and reconciliation of Onsite Sewage Treatment and Disposal Systems (OSTDS). GMCD has processed over 1,500 health applications for FY23. The purpose of the agreement is to continue facilitating timely permitting to protect the health and safety of the citizens of Collier County. Plan review, fee collection, and inspections will continue to operate on the same software (CityView) as other GMCD plan reviews. CityView licenses for DOH staff will continue to be provided by GMCD. FISCAL IMPACT: There is no fiscal impact associated with this action. The fees for OSTDS approved by the State of Florida Department of Health will remain the same and continue to be sent to the Department of Health. GROWTH MANAGEMENT IMPACT: No Growth Management impact is associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. (HFAC) RECOMMENDATION: To approve the Memorandum of Agreement with the State of Florida, Department of Health (DOH), and authorize the Chairman to execute the agreement. Prepared by: Evelyn Trimino, Manager - Financial Operations, Operations & Regulatory Management Division ATTACHMENT(S) 1. OSTDS MOA_DOH and GMCDD stamped (PDF) 16.A.14 Packet Pg. 455 11/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14 Doc ID: 26877 Item Summary: Recommendation to approve a Memorandum of Agreement (MOA) between the State of Florida, Department of Health, and Collier County for Onsite Sewage Treatment and Disposal Systems (OSTDS) plan review, fee collection, and reconciliation. Meeting Date: 11/14/2023 Prepared by: Title: Operations Analyst – Planning Commission Name: Diane Lynch 10/10/2023 2:53 PM Submitted by: Title: Department Head - GMD – Growth Management Community Development Department Name: James C French 10/10/2023 2:53 PM Approved By: Review: Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed 10/10/2023 2:57 PM Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted 10/10/2023 2:57 PM Operations & Regulatory Management Michael Stark Additional Reviewer Completed 10/10/2023 5:13 PM Building Plan Review & Inspections Richard Long Additional Reviewer Completed 11/02/2023 9:59 AM Growth Management Community Development Department James C French Growth Management Completed 11/02/2023 10:36 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/07/2023 10:45 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/07/2023 10:47 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/07/2023 11:07 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/07/2023 3:25 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/08/2023 8:29 AM Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM 16.A.14 Packet Pg. 456 Memorandum of Agreement for Onsite Sewage Treatment and Disposal Systems (OSTDS) Plan Review, Fee Collection, and Reconciliation For the mutual benefit of the parties involved, this memorandum of agreement (“MOA”) is between the Florida Department of Health in Collier County (“Department”) and Collier County Board of County Commissioners %Collier County Growth Management Community Development Department (“County”) in the interest of facilitating timely permitting for the protection of the health and safety of the population of Collier County. I. The Department agrees to: 1. Allow the County’s intake staff to receive septic system permit applications and related documentation, plans, and associated fees on the Department’s behalf. Fees shall be collected in accordance with: a. Collier County Resolution No. 2016-244, pg. 7, associated with OSTDS (See Collier County Health Department – Fee Schedule and Collier County Health Department – Billing Scheme, attached and incorporated herein as Attachment I) b. Rule 62-6.030, F.A.C. 2. Use the County’s CityView database for entering permit review statuses. Including: a. “Approved” when a permit is issued or existing system approval is granted, b. “Rejected” when additional information is needed, and c. “Not Applicable” when a review has been completed and no document needs to be created by the Department. 3. Use the County’s CityView dataset for inspection scheduling and inspect jobs that are correctly scheduled through the CityView system. 4. Enter inspection results in the CityView system by close of business, on the day the inspection occurs. 5. Enter all additional fees over the life of the permit into the CityView system prior to final septic system approval. 6. Reconcile fees collected and posted the previous month in CityView with the fees charged to septic permits in the Department’s EHD system. 7. Provide education to intake staff on any observed errors. 8. If changes are requested by the Department to the County for CityView, this will require a minimum of 90-day notice. a. Contacts for CityView updates and changes for the Department include: Rachel VanBlaricom Rachel.VanBlaricom@flhealth.gov, Division Director Dante Palumbo Dante.Palumbo@flhealth.gov, Program Supervisor II. The County agrees to: 1. Receive payment on behalf of the Department and forward payment in the form of a monthly check from the County Clerk’s Office made out to the “Florida Department of Health in Collier County”. a. Fees shall be collected in accordance with: i. Collier County Resolution No. 2016-224, pg. 7 ii. Rule 62-6.030, F.A.C. b. All money for the Department must be collected in whole and sent to the Department on one check. 16.A.14.a Packet Pg. 457 Attachment: OSTDS MOA_DOH and GMCDD stamped (26877 : Health MOA Onsite Sewage Treatment and Disposal Systems (OSTDS)) i. No payment shall be split into a partial amount. ii. No refund shall be granted on behalf of the Department. c. Provide the Department with the necessary reports for reconciling any and all money collected and/or sent to the Department. 2. Ensure that the Department has access to septic system permit applications, related documentation, and plans within one day of receipt by the County. 3. Provide the Department with the necessary access to the CityView database, including licensing and hardware. 4. Collect any outstanding fees accumulated throughout the life of the permit, such as reinspection fees or permit revision fees, and forward payment to the Department as part of the monthly check. 5. Communicate any and all CityView updates and policy changes to the Department within two (2) days of the updates/changes. a. Contacts for CityView updates and changes for the Department include: Rachel VanBlaricom Rachel.VanBlaricom@flhealth.gov, Division Director Dante Palumbo Dante.Palumbo@flhealth.gov, Program Supervisor III. CONTACTS: All notices or correspondence to be given under this MOA shall be made in writing and mailed, emailed, or hand-delivered to the other party at the address set forth below: For the Department: Program Specific Inquiries Rachel Van Blaricom Environmental Administrator 3339 Tamiami Trail E, Naples, FL, 34112 239-252-5528 Rachel.VanBlaricom@flhealth.gov Billing Specific Inquiries Mairelys Diaz Rodriquez Accountant II 3339 Tamiami Trail E, Naples, FL, 34112 239-252-8211 Mairelys.DiazRodriguez@flhealth.gov For the County: Evelyn Trimino Manager – Finance Operations 2800 N. Horseshoe Drive, Naples, FL 34104 239-252-4317 Evelyn.Trimino@colliercountyfl.gov Kirsten Wilkie Manager – Business Center 2800 N. Horseshoe Drive, Naples, FL 34104 239-252-5518 Kirsten.Wilkie@colliercountyfl.gov 16.A.14.a Packet Pg. 458 Attachment: OSTDS MOA_DOH and GMCDD stamped (26877 : Health MOA Onsite Sewage Treatment and Disposal Systems (OSTDS)) Marlene Serrano Division Manager 2800 N. Horseshoe Drive, Naples, FL 34104 239-252-2422 Marlene.Serrano@colliercountyfl.gov IV. MUTUAL RESPONSIBILITIES/CONDITIONS: 1. In the event of an identified discrepancy: a. The Department will notify County staff of a discrepancy within 30 days of receipt of the county check. b. If an overpayment is the result of incorrectly assessed Department fees, the customer shall be provided with information on how to obtain a refund directly from the Department. c. Under no circumstance should an overpayment be addressed with the creation of a bond account or other means of withholding funds from the Department until the full refund has been executed. 2. Maintain open lines of communication between inter-department contacts. 3. Each party reserves the right to change its point of contact without written agreement but will notify the other party within a reasonable period of time after such a change. V. TERM AND RENEWAL Unless terminated earlier as provided herein, the term of this MOA shall be effective on the latest date of signature by the parties. This MOA shall renew automatically for one (1) year period unless terminated by the parties in accordance with the terms of this MOA. This MOA may be terminated by either the County or Department for any reason, at any time, with or without prior notice and with or without cause upon written notice to the other party. IN WITNESS WHEREOF, the parties approve this 3-page MOA and have caused it to be executed by their undersigned officials who are duly authorized. Collier County Board of County Commissioners Florida Department of Health in Collier County ________________________________________ _______________________________________ Signature Signature ________________________________________ _______________________________________ Title Title ________________________________________ _______________________________________ Date Date 16.A.14.a Packet Pg. 459 Attachment: OSTDS MOA_DOH and GMCDD stamped (26877 : Health MOA Onsite Sewage Treatment and Disposal Systems (OSTDS)) Attachment I Collier County Health Department – Fee Schedule Collier County Health Department – Billing Scheme Florida Administrative Code 62-6.030 – Fees “Application and approval for existing system, if system inspection is not required” $35.00 16.A.14.a Packet Pg. 460 Attachment: OSTDS MOA_DOH and GMCDD stamped (26877 : Health MOA Onsite Sewage Treatment and Disposal Systems (OSTDS))