TOWER- City officials here have offered new indemnification language for townships that donate to the city’s ambulance replacement fund, but a representative of Greenwood Township suggested the township was uninterested in a compromise.
Greenwood and the city have been locked in a dispute over indemnification language that the township has insisted be included in a funding contract for the ambulance replacement fund. The township refused to provide funding to the replacement account in 2022 over the dispute. Greenwood has demanded that a provision in the agreement protect the township and its employees from liability for any mistakes they make while responding to 911 medical calls. The city had balked at assuming liability for mistakes on a medical call made by individuals that it did not employ or train.
Tower ambulance staff, EMTs and EMRs, are employed by the city and are covered under the city’s liability and insurance policies. Other First Responders, like those employed by Greenwood Township, respond to ambulance calls and are a first line of treatment on a scene until the Tower Ambulance staff arrives.
In a bid to bridge the divide, the city offered new language during the Tower Ambulance Commission meeting here on Monday.
“This language makes it a mutual indemnification,” said Tower City Clerk-Treasurer Michael Schultz.
Schultz said he consulted with the League of Minnesota Cities in crafting the language. Since the city uses the same legal firm as Greenwood, the city attorney was not willing to give input on the changes at this time, Schultz said.
“The city’s position is that if two parties respond, whoever makes the mistake should be responsible,” he said. “The League said, in general, whoever employs that person would be responsible.” Schultz said this is a general legal concept that falls under the category of general tort responsibility.
Other representatives on the ambulance commission agreed with Tower’s take on the issue. All the participating townships as well as Bois Forte have already signed the 2022 agreement, without the indemnity clause that Greenwood desires.
“We are only here to replace equipment,” said Jeff Damm, who represents Bois Forte.
“Tower can’t bear the burden of everything,” said Breitung representative Chuck Tekautz. “If someone from Breitung is on the call and makes a bad call, Breitung should be responsible.”
But John Bassing, representing Greenwood at the meeting, said the township would not agree to the city’s proposal. “There is no negotiation on this from the Greenwood side,” said Bassing. “That is just how it is.” Bassing said the mere fact that Greenwood is “gifting” money to Tower, means they could be drawn into a lawsuit claiming injury by the ambulance service.
“What happens if a [Greenwood] EMR acts irresponsibly and causes damage,” asked Tekautz. “Would Greenwood be liable? Then Tower should employ everyone that is on a call.”
Tekautz said the group needs to focus on its goals of supporting the service.
“If we keep on nipping the dog here, we aren’t going to have an ambulance,” he said.
Bassing insisted the clause added in 2021 was all that was needed.
“It was a fine clause last time,” he said.
Bassing did agree to bring the new language to the town board, which meets Feb. 14.
TAAS will schedule a meeting in March, date to be announced, to continue work on this issue.
The new language proposed by Tower reads “Further, the Band and/or the Townships agrees to defend and indemnify the City against any claims brought or actions filed against the City or any officer, employee, or volunteer of the City for injury to, death of, or damage to the property of any third person or persons, arising from the Band and/or the Townships staff performance or non-performance under this Agreement.”
Other business
In other business the commission:
• Heard from Schultz that Tower’s payment of about $8,000 due to the ambulance subsidy account from the second half of 2022 was being held until cash flow for the ambulance improves. Right now, he said, the service does not have enough cash on hand to both meet payroll and make that payment. “We have cut the check. We are just holding it,” he said.
• Heard the service had 31 runs in January and no transfer runs.
• Heard the new ambulance will be ready for delivery in 12-15 months, a little earlier than the initial estimate.
• Heard that former Tower representative Kevin Norby will still be active on the ad hoc committee that is discussing future options for the ambulance service. “Dena [Suihkonen] and I have had communication issues sometimes,” Norby said. “So better I step back a bit.” Norby went on to say that “Dena is a huge asset for the service.”
• Discussed, but made no decision, on whether to change the structure of the commission so there is a president or chair to lead meetings. Assistant ambulance Director Karin Schultz will be taking minutes as part of her regular duties.
• Approved moving the ambulance subsidy monies to a nine-month CD at Frandsen Bank that will pay 3.5-percent interest, contingent of making sure there will be no penalties on the principal amount if the money needs to be withdrawn early, in the case the ambulance is ready for delivery earlier than expected. This change would add between $6,000 and $7,000 to the subsidy account, Schultz said.
• Ambulance director Dena Suihkonen was not at the meeting, because she was teaching a required EMT class and there was no alternate instructor available.