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C. Failure to maintain books, records and supporting documentation shall establish a <br /> presumption in favor of the State for the recovery of any funds paid by the State <br /> under this Agreement for which adequate books, records and supporting <br /> documentation are not available to support disbursement. - <br /> 12. RIGHT OF AUDIT AND MONITORING <br /> The Department shall monitor the Provider's conduct under this Agreement which may ' <br /> _ _ include,but shall not be limited to,reviewing records of program performance in accordance <br /> with administrative rules, license status review, fiscal and audit review, Agreement <br /> compliance and compliance with affirmative action requirements of this Agreement. <br /> T'he Department may request,and Provider will supply,upon request,necessary information <br /> and documentation regarding transactions constituting contractual(whether a written contract <br /> is in existence or not) or other relationships, paid for with funds received hereunder. <br /> Documentation may include, but is not limited to, information regarding Provider's <br /> contractual agreements,identity of employees,shareholders and directors ofProvider and any <br /> party providing services which will or may be paid for with funds received hereunder, <br /> including,but not limited to,management and consulting services rendered to Provider. <br /> This does not give the Department the right to review a license that is not directly related to <br /> the program being audited nor does it allow the Department to unilaterally revoke a license <br /> without complying with all due process rights the Provider is entitled to under Federal,State, <br /> local law or applicable rules promulgated by the Department. <br /> 13. AUDIT REOUIREMENTS <br /> The Provider will annually submit an independent audit report and/or supplemental revenue <br /> and expense data to the Department in accordance with 89 Ill Adm Code, 507 (Audit <br /> Requirements of the Department of Human Services),to enable the Department to perform <br /> fiscal monitoring and to account for the usage of funds paid to the Provider under this <br /> Agreement. For those organizations required to submit an independent audit report,the audit <br /> is to be conducted by a Certified Public Accountant or Certified Public Accounting Firm <br /> registered in the State of Illinois. For audits required to be performed subject to Government <br /> Auditing Standards, the Provider shall request and maintain on file, a copy of the auditor's <br /> most recent peer review report and acceptance letter. <br /> If the Provider is subject to the audit requirements,the Department will send to the Provider, <br /> by registered or certified letter, detailed instructions related to independent audit <br /> requirements,including provisions for requesting waivers,modifications and filing extensions, <br /> by May 31,2004. <br /> 14. INDEPENDENT CONTRACTOR <br /> The Provider is an independent contractor and its employees do not acquire any employment <br /> rights with the Department or the State of Illinois by virtue of this Agreement. <br /> -7- <br />