Agenda Packets - 2001/07/23 - Laserfiche WebLink

Home Browse Search

Instructor mentioned above. An independent contract is not the only way to compensate this position; however, it appears to be practical and to be in the City’s best interest. The rationale for an independent contract are as follows: 1. An independent contract protects the City from claims for employee benefits, unemployment compensation and workers’ compensation coverage. 2. The City Attorney and Labor Relations Associates have advised that creating an independent contract adequately resolves the nepotism issue. 3. An independent contract puts the responsibility for tax reporting on the independent contractor. The City would not be liable for any unreported revenues generated from lessons (i.e. tips). 4. Positions covered under independent contracts are not included in the City’s pay equity report. Compensation The staff recommendation presented at the July 9th Council meeting was that the Council allow the instructor to keep 100% of the fees generated from lessons less the cost of range balls and that the instructor not participate in the Junior Golf program. Since the July 9th meeting staff has become aware of additional information that makes it necessary to modify the July 9th recommendations: 1. The City Attorney has advised that the City must receive some form of compensation from an independent contractor for use of the course. Further, compensation to the City should cover costs associated with use of the course outside of the actual lesson being provided (i.e., use of the driving range, parking lot, restrooms, golf balls, etc.). 2. The Clubhouse Manager has indicated that the City does not have another golf instructor on staff who can cover the Junior Golf lessons currently being provided by the Seasonal Golf Instructor. Recommendation Based on the new information staff is proposing the following compensation structure with the approval of the City Attorney and Labor Relations Associates: · For Private, Semi-Private and Group Lessons the independent contractor will pay the City 30% of all revenues generated from fees for golf lessons and will keep the remaining 70%. · For Junior Golf Lessons the independent contractor will receive $5.00 per student per lesson at the end of the eight- week program. Respectfully Submitted, Givonna Reed Assistant to the City Administrator AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made, effective as of this 23rd day of July, 2001, by and between the City of Mounds View, located at 2401 Highway 10, Mounds View, Minnesota 55112 (hereinafter "City") and Jim Manthis, of _______________________________, ___________________, Minnesota _______ (hereinafter "Professional"). WITNESSETH: WHEREAS, City desires to engage the services of Professional to administer private, semi-private, and group lessons and lessons for the Junior Golf program as necessary, on an interim basis; and WHEREAS, Professional has expressed his willingness to provide such services; NOW, THEREFORE, the parties hereto do mutually agree as set forth below: A. Professional Services. Professional shall perform private, semi-private, and group lessons and lessons for the Junior Golf program as necessary within his expertise. It is understood between the parties that such services specifically may include use of the practice range for private lessons and use of the practice range and greens for the