Details for 81985229

AFFIDAVIT OF PUBLICATION
Please take notice that on the 26th day of September, 2019 at 10:00 a.m. the Bradford
County Commissioner’s at their regularly monthly meeting will vote to adopt an Ordinance.
Said meeting will be held at the Bradford County Courthouse, 301 Main Street Towanda,
Pennsylvania 18848.
Bradford County Commissioner’s hereby ordains and enacts as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
BRADFORD, PENNSYLVANIA, APPROVING THE INTERGOVERNMENTAL COOPERATION
AGREEMENT TO: (1) AUTHORIZE A SINGLE PRIMARY CONTRACTOR AGREEMENT
WITH THE DEPARTMENT OF HUMAN SERVICES OF THE COMMONWEALTH OF
PENNSYLVANIA FOR THE HEALTHCHOICES BEHAVIORAL HEALTH PROGRAM ON
BEHALF OF THIS COUNTY AND CERTAIN OTHER COUNTIES IDENTIFIED IN THE
INTERGOVERNMENTAL COOPERATION AGREEMENT; AND (2) AUTHORIZE A SINGLE
PRIMARY CONTRACTOR TO ENTER INTO AN AGREEMENT WITH A BEHAVIORAL
HEALTH MANAGED CARE ORGANIZATION; AND FURTHER, (3) TO PROVIDE FOR AND
AUTHORIZE PROPER OFFICERS OF THIS COUNTY TO TAKE ALL OTHER REQUIRED,
NECESSARY, OR DESIRABLE ACTIONS IN CONNECTION WITH THIS ORDINANCE.
WHEREAS, the County of Bradford, Pennsylvania (the “County”), is a county of Sixth
class, of the Commonwealth of Pennsylvania; and
WHEREAS, in 2006, the Department of Human Services (“DHS”) entered into a
Primary Contractor Agreement with Community Care Behavioral Health Organization (the “DHS
– Community Care Agreement”) to serve as the Primary Contractor to operate the HealthChoices
Behavioral Health Program (the “Program”) in the North Central Zone, as designated by DHS,
which includes the County and the counties of Cameron, Centre, Clarion, Clearfield, Columbia,
Elk, Forest, Huntingdon, Jefferson, Juniata, McKean, Mifflin, Montour, Northumberland, Potter,
Schuylkill, Sullivan, Snyder, Tioga, Union, Warren, Wayne (collectively with Bradford County, the
“North Central Zone Counties”); and
WHEREAS, the North Central Zone Counties created Behavioral Health Alliance of
Rural Pennsylvania, a Pennsylvania non-profit corporation (“BHARP”), pursuant to the County
Code, Act of August 9, 1955, P.L. 323, and delegated to it certain responsibilities to participate
in the implementation and monitoring of the DHS – Community Care Agreement; and
WHEREAS, DHS has now decided to offer the North Central Zone Counties the Right
of First Opportunity to respond to a Request for Proposals, to be issued by DHS in 2020, to
allow BHARP to become the Primary Contractor for the Program in the Counties, commencing
July 1, 2021; and
WHEREAS, pursuant to the Intergovernmental Cooperation Act, 53 Pa. C.S.A.
§§2301, et seq. (the “Act”), the County wishes to join with the other North Central Zone
Counties who have accepted the offer of Right of First Opportunity (the “Counties”) and enter
into an Intergovernmental Cooperation Agreement, substantially in the form attached hereto
(the “ICA”), incorporating the terms and conditions for joint operation of BHARP and setting
forth its agreement to authorize BHARP to enter into contracts with contractors, assist in the
delivery of the Program services, and for one or more such contractors to assume the financial
and operational risks thereof and to indemnify each County and BHARP for such risks, for the
benefit of the Medicaid-eligible citizens of the County; and
WHEREAS, the County, in conjunction with the other Counties, desires to enter
into the ICA to permit BHARP to enter into a single Primary Contractor Agreement with DHS
(the “DHS Agreement”) and a single agreement with a Behavioral Health Managed Care
Organization, both on behalf of the Counties; and
WHEREAS, the County finds and concludes that the public interest is and will be
served by entering into the ICA;
NOW, THEREFORE, it is hereby enacted and ordained by the County of Bradford
as follows:
Section 1.
The County hereby authorizes its entry into the ICA, a copy of
which is attached to this Ordinance as Exhibit 1 with the Counties that are identified in and
become parties to the ICA, a copy of which is attached to this Ordinance as Exhibit
Section 2.
The County authorizes the proper officers of this County to take
all other required, necessary, or desirable action in connection with this Ordinance, including
the execution of the ICA.
Section 3.
The provisions of this Ordinance are severable. If any provisions
of this Ordinance or its application to any person or circumstance is held invalid by a court of
competent jurisdiction, such invalidity shall not affect any other provision or application of this
Ordinance.
The Following is a Summary of Exhibit 1 the “Intergovernmental Cooperation
Agreement”.
1.
2.
3.
4.
5.
6.

Recitals
9.
Bylaws
10.
Withdrawal
13.
Implementing Actions.
14.
Joining and by County Signatory
15.
Distribution of Assets upon Dissolution.

Group Insurance and Employee Benefits.
Representations and Warranties.
Severability.
Execution.
Notices.

A copy of said Ordinance and Exhibit 1 may be examined in the office of The Daily Review
13384 Route 220, Towanda, PA 18848 and the office of the Bradford County Commissioner’s,
301 Main Street Towanda, Pennsylvania 18848.
*Any person with a disability requiring a special accommodation to attend a Bradford County
Commissioner’s Meeting should notify the Chief Clerk Michelle Shedden at (570) 265-1727 as
early as possible but not later than three (3) working days prior to the meeting. The Borough
will make every effort to provide reasonable accommodations.
JONATHAN P. FOSTER, JR., ESQUIRE
Bradford County Solicitor
303 South Keystone Avenue
Sayre, PA 18840
ATTEST:
Michelle Shedden
Chief Clerk
Publish: September 14, 2019

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