Agmt11 Ca. Department of Public Health- Project LEAN

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California Department of Public Health - Special Terms and Conditions Exhibit D(F) the branch is organized within ten (10) working days from receipt of the Branch ChieFs decision. The Deputy Director of the division in which the branch is organized or his/her designee shall meet with the Contractor to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized or his/her designee shall be directed to the Contractor within twenty (20) working days of receipt of the Contractor's second level appeal. b. If the Contractor wishes to appeal the decision of the Deputy Director of the division in which the branch is organized or his/her designee, the Contractor shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3(commencing with Section 1140) of the California Code of Regulations). c. Disputes arisi�g out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreement, shall be handled in accordance with the procedures identifed in Sections 51016 through 51047, Title 22, California Code of Regulations. d. Unless otherv✓ise stipulated in evriting by CDPH, all dispute, grievance and/or appeal correspondence shall be directed to the CDPIi Program Contract Manager. e. There are organizational differences within CDPH's funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Contractor shall be notified in writing by the CDPH Program Contract Manager of the level, name, and/or title of the appropriate management official , that is responsible for issuing a decision at a given level. 16. Financial and Compliance Audit Requirements a. The deflnitions used in this provisior, are contained in Section 38040 of the Health and Safety Code, which by this reference is made a part hereof. b. Direct service contract means a contract or agreement for ser�ices contained in local assistance or subvention programs or both (see Health and Safety ,H&SJ Code section 38020) Direct service contracts shall not indude contracts, agreements, grants, or subventions to other governmental agencies or units of government nor contrects or agreements with regional centers or area agencies on aging (H&S Code section 38030). c. The Contractor, as indicated below, agrees to obtain one of the following audits: (1) If the Contractor is a non�rofit orqanization (as defined in H&S Code section 38040) and receives $25.000 or more from anv State agencv under a direct service contract or aareement; the Contractor agrees to obtain an annual single, organization wide, financial and complience audit. Said audit shall be conducted according to Generally Accepted Auditing Standards. This audit does not fulfill the audit requirements of Paragraph c(3) tielow. The audit shall be completed by the 15th day of the fifth month following the enci of the Contractor's fiscal year, and/or (2) If the Contractor is a nonprofit orqanization (as defined in H&S Code section 38040) and receives less than 25,000 per vear from anv State aqency under a direct service contract or aareement, the Cont�actor agrees to obtain a biennial single, organization wide financial and compliance audit, unless there is evidence of fraud or other violation of state law in connection with this Agreement. This audit does not fulfill the audit requirements of Paragraph c(3) below. The audit shall be completed by the 15th day of the fifth month foliowing the end of the Contractor's fiscal year, and/or (3) If the Contractor is a State or Local Government entity or Non�rofit orqanization (as defined by the Federal Office of Management and Budget [OMB] Circular A-133) and ex�ends $500 000 or more in Federal awards, the Contractor agrees to obtain an annual single, organization wide, financial and compliance audit according to the requirements specified in OMB Circular A-133 entitled "Audits of States, Local Governments, and Non-Profit Organizations". An audit conducted pursuant to this provision will fulfill the audit requirements outlined in Paragraphs c(1) and c(2) above. The audit shall CDPH Exhibit D(F) (8I10) . � � Page 15 of 25