Allegany County Legislature set to vote on short-term contract with medical transportation service


Read the “MOE”, the resolution and the proposed contract

By Andrew Harris

Last week in Allegany County politics was dominated by the story of Medical Transport Service Inc (MTS) of Scio, NY.

The owners of the EMS transportation company approached Allegany County, offering to sell the company to the county. The county responded with perhaps a six-month contract to fund the business as a future owner or short-term lender.

County management has made it clear that the primary purpose of the contract is to maintain EMS services in the county at current levels and potentially provide a gateway to the future of Allegany County emergency medical services and transportation.


This agreement made the 5e day of October, between the County of Allegany (hereinafter referred to as “the County”), a municipal corporation whose offices are located at 7 Court Street, Belmont, New York 14813, and Medical Transport Service, Inc. (ci -hereinafter referred to as “MTS”), a national trading company whose offices are located at 4194 State Route 19S, Belmont, New York 14813.


WHILE, in accordance with General Municipal Law § 122-b, the county may contract with organizations having sufficiently trained and experienced personnel for the operation, maintenance and repair of emergency medical services or ambulance vehicles , and to provide, staff and equip emergency medical services. service or ambulance vehicles, for the provision of emergency pre-hospital care, and

WHILEthe county wishes to enter into an agreement with MTS for these services,

SO NOW, taking into account the mutual promises and commitments contained therein, the parties agree as follows:

  1. MTS will provide the County with the services set forth in Section

Municipal Law § 122-b.

  • The term of this Agreement is for a term not exceeding six

months, for a term beginning October 5, 2022 and ending April 4, 2023.

  • The County agrees to pay MTS an amount not exceeding


  • Either party may terminate this Agreement after thirty (30) days

written notice to the other party. The County may terminate this Agreement immediately if MTS breaches any term of this Agreement.

  • The county will have the right of first refusal to buy the company

of MTS if it were to be offered for sale for a period of six months and running concurrently with the term of this Agreement. If the County exercises its right of first refusal within the designated six-month period, any amount paid by the County to MTS under this Agreement will be deducted from the purchase price.

  • If MTS ceases to carry on its business and/or if MTS puts its business

for sale and the County does not exercise its right of first refusal within the designated six-month period, then MTS will reimburse the County for the total amount transferred up to a maximum of $600,000, or $125,000 per month.

  • MTS will provide a monthly report to the county administrator and

County Treasurer regarding their services provided under this Agreement, which shall include, but not be limited to, a list of their assets and expenses. MTS will provide its report to the County Administrator and County Treasurer by 15e day of the following month in which the services are provided.

  • The parties agree that MTS is an independent contractor and

agrees that he will behave in accordance with this statute; that it will not consider itself, its employees or its agents as or pretend that they are officers, employees or agents of the county; and that neither the supplier nor its officers, employees or agents will make any claim, demand or demand on or for any right or privilege applicable to any officer or employee of the county, including, but not limited to, workers’ compensation coverage, unemployment insurance benefits, social security coverage, or retirement affiliate credit.

  • MTS will be solely responsible for all accidents and/or injuries

to persons or property arising out of or relating to the services to be performed by MTS or its subcontractors pursuant to this Agreement. To the fullest extent permitted by law, MTS will defend, indemnify, and hold harmless The County and its officers and employees from and against any liability, claim, demand, loss, judgment, expense, and cost of every kind, amount, and nature. , direct and indirect, without limitation, including defense costs, resulting from the performance or non-performance by MTS of the terms of this Agreement.

  1. In executing this Agreement, Supplier shall provide County

with original certificates of insurance evidencing that insurance policies have been issued and are in effect for the required coverage as set forth in Schedule A. If such policies expire or are canceled during the term of this Agreement, the Provider must immediately provide an original Certificate of Insurance evidencing proper renewal or replacement of policies.

  1. This Agreement is governed by the laws of the State of New York.
  1. Neither party may assign or transfer its rights or obligations under

this Agreement without the prior written consent of the other party.

IN WITNESS WHEREOFthe parties hereto have executed this Agreement on the date and year written above.


By: __________________________ Date: ______________

Philip G. Stockin, President

Allegany County Board of Legislators


By: __________________________ Date: ______________

Dan Marsh, owner


) SS. :


On this _______ day of ______________________ 2022, before me personally came Philip G. Stockin, whom I knew personally, who, duly sworn by me, deposed and said he resides in Houghton, New York; that he is the president of the council of legislators of the county of Allegany, the company described in and which executed the above instrument, that he knows the seal of the said company; that the seal affixed to said instrument is such a corporate seal; that it has been so affixed by the authority of the Council of Legislators of the said corporation, and that he has signed his name thereon by the same authority.




) SS. :


On this ____________ day of _________________ 2022, before me personally came Dan Marsh, whom I knew and knew to be the person described in and who performed the aforesaid instrument and he acknowledged to me that he had performed the same thing.

________________________________ Public notary


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