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( I A E IN F" r, EN N 1A 14 FIRE DISTRIC"I' RUDE 10110NOR - INTIMMY" OP ROFESSIONALISM To: it Steering Committee From: Harlan Lundstrom, Fire Chief Date: May 25, 2017 Re: Anoka County Fire Protection Council Instructor MOU 2 East Road Cir cleNnes, NIN 55014 65 7192-7900 ,Because the Anoka County Fire Protection Council is now a formal business, we will need to make some changes to how we do business. The Instructors that currently teach for the fire academy are paid by the Fire Protection Council and then given a 1099 at the end of the year. According to the Fire Protection Councils Attorney we are acting as though the instructors are Independent Contractors but do not meet the IRS guidelines for an Independent Contractor (Topic 762 - Independent Contractor vs. Employee). The two choices the Anoka County Fire Protection has for instructors are having independent Contractors or have them as Employees. An Independent contractor must have control of their work schedule, provide their own equipment, and have their own insurance. This would not work since the academy sets the schedule and provides the apparatus/equipment. The Fire Protection Council is not in a position, nor do they wish to be, of having employees, which would require managing payroll taxes and everything else that comes with managing employees. The Fire Protection Council has been advised to have a MOU from each city that provides instructors to the fire academy. The Attorney stated "We're basically "borrowing' each city's employee and the city itself is required to compensate/ insure. Then ACFPC can agree to reimburse the city." As stated in the attached MOU the ACPFC shall reimburse the City for provng the Instructor at a rate of $501hr worked as defined by ACFPC. For any instructors Centennial Fire provides I would suggest we pay themThe instructor would submit a timesheet to me and I would input into our payroll system which then becomes part of our monthly payroll. All payroll taxes would b covered by the reimbursement from the Fire Protection Council so no expenses would be required of CFD. I would submit for reimbursement from the Fire Protection Council as needed. acauettly; A 1, 'evinSfewart,'I'lleirry Chevallier, Glen Olson, and myself. IN