Read the “MOE,” resolution, and proposed contract
By Andrew Harris
The last week in Allegany County politics has been dominated by the story of Medical Transport Service Inc(MTS) of Scio, NY.
The owners of the emergency medical service transportation company have approached Allegany County, offering to sell the company to the county. The county has responded with a maybe, or a six-month contract to fund the company as either a future owner, or short term lender.
County leadership has made it clear the contract has the primary goal of maintaining EMS services in the county at current levels, and to potentially provide a segway into the future of Allegany County emergency medical services and transport.
AGREEMENT BETWEEN ALLEGANY COUNTY AND MTS, INC
This Agreement made the 5th day of October, between the County of Allegany (hereinafter called “the County”), a municipal corporation with offices located at 7 Court Street, Belmont, New York 14813, and Medical Transport Service, Inc. (hereinafter called “MTS”), a domestic business corporation with offices located at 4194 State Route 19S, Belmont, New York 14813.
WITNESSETH:
WHEREAS, pursuant to General Municipal Law § 122-b, the County may contract with organizations, having sufficient trained staffed and experienced personnel, for operation, maintenance, and repair of emergency medical service or ambulance vehicles, and to supply, staff, and equip emergency medical service or ambulance vehicles, for the furnishing of prehospital emergency treatment, and
WHEREAS, the County desires to enter into an agreement with MTS for these services,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained therein, the parties agree as follows:
- MTS shall provide the County with the services set forth in General
Municipal Law § 122-b.
- The term of this Agreement shall be for a period not exceeding six
months, for a term commencing on October 5, 2022, through April 4, 2023.
- The County shall commit to transfer to MTS a sum not to exceed
$600,000.
- Either party may terminate this Agreement upon thirty (30) days
advanced written notice to the other party. The County may terminate this Agreement immediately if MTS violates any provisions of this Agreement.
- The County shall have the right of first refusal to purchase the business
from MTS should it go up for sale for a period of six months, and running concurrently with the term of this Agreement. Should the County exercise its right of first refusal within the designated period of six months, then any money paid by the County to MTS pursuant to this Agreement shall be deducted from the purchase price.
- Should MTS cease to operate its business and/or MTS puts its business
up for sale and the County does not exercise its right of first refusal within the designated period of six months, then MTS shall reimburse the County the total amount transferred up to $600,000, in the sum of $125,000 monthly.
- MTS shall provide a monthly report to the County Administrator and
County Treasurer regarding their services provided pursuant to this Agreement, which shall include, but not be limited to, a list of their assets and expenditures. MTS shall provide their report to the County Administrator and the County Treasurer by the 15th day of the following month in which the services are provided.
- The parties agree that MTS is an independent contractor, and
agrees that it will conduct itself consistent with such status; that it will neither hold itself, its employees, or agents as or claim that they are officers, employees, or agents of the County; and that neither the Providernor its officers, employees, or agents will make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the County, including, but not limited to, workers’ compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership credit.
- MTS shall be solely responsible for any and all accidents and/or injuries
to persons or property arising out of or related to the services to be rendered by MTS or its subcontractors pursuant to this Agreement. To the fullest extent permitted by law, MTS shall defend, indemnify, and hold harmless, the County and its officers and employees harmless from any liability, claim, demand, loss, judgment, expense, and cost of every type, amount, and nature, direct and indirect, without limitation, including the costs of defense, arising from MTS’ performance or failure to perform the terms of this Agreement.
- Upon execution of this Agreement, the Provider shall furnish the County
with original Certificates of Insurance evidencing that policies of insurance have been issued and are in effect for the required coverage as set forth in Appendix A. If any such policies expire or are canceled during the term of this Agreement, the Provider shall immediately furnish an original Certificate of Insurance evidencing proper renewal or replacement of the policies.
- This Agreement shall be governed by the laws of New York State.
- Neither party shall assign or transfer their rights or obligations under
this Agreement without the prior written consent of the other party.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
COUNTY OF ALLEGANY
By: __________________________ Date:______________
Philip G. Stockin, Chairman
Allegany County Board of Legislators
MEDICAL TRANSPORT SERVICE, INC.
By: __________________________ Date:______________
Dan Marsh, Owner
STATE OF NEW YORK )
) SS.:
COUNTY OF ALLEGANY)
On this__________day of______________________, 2022, before me personally came Philip G. Stockin, to me personally known, who, being by me duly sworn, did depose and say that he resides in Houghton, New York; that he is the Chairman of the Allegany County Board of Legislators, the corporation described in and which executed the above instrument, that he knows the seal of said corporation: that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the Board of Legislators of said corporation, and that he signed his name thereto by like authority.
________________________________
Notary Public
STATE OF NEW YORK )
) SS.:
COUNTY OF ALLEGANY )
On this ____________ day of_________________, 2022, before me personally came Dan Marsh, to me known and known to me to be the person described in and who executed the foregoing instrument and he acknowledged to me that he executed the same.
________________________________ Notary Public
