SSJF Ligas Court Monitor DHS-B-47369 approved.pdf

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Sole Source Justification Form Version 7.01 Page of Sole Source Justification Form - Part I Section I - General Information Will this Sole Source amend a Professional or Artistic Services contract?

If yes, what was the original contract value?

*Sole Source may not be used for amendments for Professional or Artistic Services if the amendment would increase the value by more than 5% of the initial award or extend the term by more than 60 days.

Section II - Proposed Term If a Term Contract, does the term, including renewals, exceed 12 months?

If yes, provide a detailed justification including any economic benefit received for agreeing to a multi-year term:

Section III - Funding Source Select the type of funding to be used (Check all that apply):

Section IV - Sole Source Justification Are there secondary justification(s) for this sole source?

Section V - Purchase History Has the Agency or University Purchased these supplies or services in the past?

Term Term From Term To Value Description Contract Number Type Section VI - Business Rationale

1. Provide a detailed explanation of the need for the supplies or services:

2. Provide a list and describe in detail the specifications required to satisfy the need:

3. Provide detail explaining the justification selected in Section IV to explain why the requested supplies or services are the only ones available that can satisfy the agency or university requirements?

4. What are the unique features of the supplies or services that are not available in any other product or by any other vendor? Provide specific quantifiable factors/qualifications:

5. Has the Agency or University considered alternative supplies or services to satisfy their need?

5a. If yes, name the alternative vendors whose supplies or services were evaluated:

5b. If yes, what were the alternatives for each vendor and why were they unacceptable? Be specific with regard to features, characteristics, requirements, capabilities and compatibility:

5c. Explain how the market evaluation was conducted?

*This evaluation is to determine available options within a market. If the evaluation is to determine quality or best suited option, this is not the appropriate source selection. Under no circumstances shall the evaluation consist of testing alternative options. These activities must be conducted in a competitive transparent environment (i.e. IFB or RFP).

5a. If no, why weren't alternatives evaluated?

6. Are there resellers or distributors?

7. What efforts were made to get the best possible price (i.e. did the agency/university negotiate) and how did you determine the price for this purchase is considered fair and reasonable?

8. Will this purchase obligate the State to this vendor for future purchases such as maintenance, licensing or continuing need?

8a. If yes, please provide details regarding future obligations and/or needs:

9. What will be the financial or other impact to the State if this sole source is not approved and a competitive bid is required?

10. Is there any additional information you would like to add to justify this sole source?

Section VII Requesting Department Signature Required I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed.

State Agency Bureau/Division Head or University Purchasing Director Approval and Signature Required I know and understand the contents of this Sole Source Justification and attest that all statements are true and correct and the fairness and reasonableness of the price was adequately confirmed. (All prior form fields will lock once this e-signature is completed) SPO Approval and Signature Required Sole Source Justification Form - Part II Section I - General Information Was a Sole Source hearing held per 30 ILCS 500/20-25?

Section II - Sole Source Hearing Details The State posted to the Illinois Procurement Bulletin a description of the State's need, the justification for the sole source decision, and information regarding the opportunity to submit comments and testify at a public hearing. Notice of the hearing was also posted outside of the hearing room 48 hours prior to the hearing.

The public hearing was conducted for the purpose of receiving testimony regarding the sole source determination. The Hearing Officer recommends the following:

The following relevant documents are attached:

Section III - CPO Approval and Signature Required 9.0.0.2.20101008.1.734229 Ellen.H.Daley@illinois.gov

Lorene Reagan the current court appointed Court Monitor, will submit periodic reports to the Court and Parties and seek to resolve any disputes that may arise regarding compliance and implementation. Her duties will include:

-Review and Evaluate data and information involved with the Ligas Consent Decree, -Evaluate Defendants' compliance with the Decree, -Identify actual and potential areas of non-compliance with the Decree, -Mediate disputes between the Parties of the Decree and bring issues and recommendations for dispute resolution to the Court.

March 13, 2025 - June 30,2025 - $100,000. Contract # 4100194075 - Small Purchase with Emergency Conditions.

Q1Answer: The United States District Court for the Northern District of Illinois has granted the motion for the appointment of a monitor in the above litigation referred to as the Ligas Lawsuit.

On June 15, 2011, a Consent Decree was signed by the Court in the Ligas lawsuit. On June 15, 2011, a Consent Decree was signed by the Court in the Ligas lawsuit. In the Notification of Docket Entry for this case, on July 11, 2011, the Honorable James F. Holderman granted the joint motion to appoint a monitor. The monitor appointed was Tony Records who retired effective July 1, 2015. Ronnie Cohn was then appointed and assumed the role of Ligas Court Monitor effective July 1, 2015. On March 13,2025, Lorene Reagan was appointed and assumed the role of Ligas Court Monitor effective March 13,2025 to replaced Ronnie Cohn.

The Consent Decree identifies two groups of class members:

A. Adult individuals in Illinois with developmental disabilities who qualify for Medicaid Waiver services, who reside in private ICFs/DD with nine or more residents and who affirmatively requested to receive community-based services.

B. Adult individuals in Illinois with developmental disabilities who qualify for Medicaid Waiver services, who reside in a family home or are in need of community-based services or settings, and who affirmatively requested to receive community-based services.

Under the Consent Decree, an independent and impartial Monitor was appointed to monitor compliance with the Decree. Monitor must submit periodic reports to the Court and Parties, and seek to resolve any disputes that may arise regarding compliance and implementation. Monitor will ensure the State does not incur further needless litigation costs. The Court Monitor will avoid the forced allocation of State funds, under the appointment and direction of a Federal Monitor, if the State is not in compliance with the Implementation Plan.

Q2Answer: The tenets of the Decree will assist the Division in expanding its community-based system to meet the growing demand for those services, while continuing to honor an individual's choice in deciding on the types of services and settings he or she prefers in order to live a personally fulfilling and productive life. The Decree includes the following items:

A. Services for Individuals Currently Residing in ICFs/DD Within six years of approval of the Decree, all individuals living in ICFs/DD as of the effective date of the Decree, who have affirmatively requested community services will move to community-based services. Services must be implemented for one-third of all such individuals every two years of this six-year period. After this six year period, the state is responsible for continuing to support those individuals in ICFs/DD in transiting into waiver services as they become ready. This continued to occur.

B. Services for Individuals Currently Residing at Home The State will continue to expeditiously serve all people who meet the established crisis criteria. There will be no limit to the number of people who meet the crisis criteria served by the Division.

For those individuals on the waiting list, as defined in the Decree, the State agrees to serve 3,000 of these individuals over the next six years (1,000 within the first two years and 500 each year the next four years) in home-based support services and community-based residential settings. Due to not meeting the initial requirements, the State’s obligation continues as it relates to selecting individuals from PUNs at a reasonable pace

C. Other General Provisions "Evaluations and service plans will be focused on individual desires and goals and will not be limited by existing services. The State, however, will not be required to develop or offer services that are not part of the approved waiver or Medicaid State Plan.

"The Department of Human Services will seek sufficient funds in annual budget requests to develop and maintain the services described in the Decree.

"The State will pay attorneys' fees incurred in the amount of $1,740,000 to Class Counsel and $500,000 to Interveners' Counsel.

"A monitor will be appointed by the Court to oversee compliance with the Decree and report on progress to the Court on an annual basis. After nine years of the approval of the Decree, the State may petition the Court to terminate the monitoring.

The duties of the monitor include:

- Evaluate Defendant's compliance with the Decree. Convene continuous planning and strategy meetings with each co-defendant on responsible area of functionality and how they individually and collective will respond to these expectations.

- Convene monthly meeting with the Parties' to review the status of implementation and any related critical issues or challenges.

- Identify actual and potential areas of non-compliance with the Decree. Work with Parties to identify corrective actions.

- Mediate disputes between the Parties.

- Serve as principle conduit to bring issues and recommendations for dispute resolution to the attention of the Court.

- Prepare formal reports for submission to the Court regarding compliance with the Decree.

- File additional reports, as necessary or upon request by the Court.