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HomeMy WebLinkAbout12-051 - Public Safety Testing - 2012 Candidate Physical Ability Test (CPAT)OR G NA,. 12-051 Public Salfpty:� Council Approval N/A besting CPAT SERVICES AGREEMENT WHEREAS, Public Safety Testing, Inc. is a skilled provider of testing services to police, fire, and other public safety agencies, and WHEREAS, the subscribing public agency, either directly or through a civil service commission, tests, evaluates, ranks and hires firefighters and /or other public safety positions in the performance of its public safety functions, and WHEREAS, the subscribing public agency requires firefighter candidates to successfully complete the Candidate Physical Ability Test (hereinafter "CPAT as part of their pre- employment testing process, and WHEREAS, the CPAT License requires that certain conditions be met, requiring a written agreement between the subscribing public agency and Public Safety Testing, Inc., NOW, THEREFORE, Public Safety Testing, Inc. (hereinafter "PST and the Tukwila Fire Department, (hereinafter "Agency do enter into this Agreement under the terms and conditions set forth herein. 1. Effective Date of Agreement. This Agreement is effective January 1, 2012. 2. Statement of Puraose: Interpretation. This Agreement is entered into in accordance with the requirements of the IAFF /IAFC Joint Labor Management Wellness Fitness Initiative Task Force. This group, referred to hereinafter as the "Task Force has adopted policies regarding the issuance of "limited" CPAT licenses for governmental agencies and pre- employment testing organizations. This Agreement shall be interpreted in accordance with the policy which is attached as Exhibit A, incorporated by this reference as the same exists or is hereafter amended. In the event that the policy is materially amended, the parties agree to meet in good faith and make such changes as are necessary in this Agreement in order to comply with all reasonable requirements of the Task Force. 3. Undertakings of the Aeencv. 3.1 The Agency certifies that it has a valid CPAT license and it agrees to recognize and accept proof of completion of the CPAT from PST; and 3.2 The Agency certifies that it will utilize the CPAT only in the context of an overall implementation of the CPAT program that complies with the CPAT license. St J at' ts„��c� 3.3 The Agency has determined that a candidate's CPAT certification is valid for (check one): Six months. Twelve months. Other: 4. Undertakings of PST. PST agrees and certifies as appropriate that: 4.1 PST has the capability to, and agrees to assist the Agency in, meeting the terms of compliance, including pre -test orientation and mentoring requirements. 4.2 PST has the capability and resources to validate the CPAT for the Agency through a transportability study and will assist the Agency in obtaining CPAT licensure as required, provide consistent CPAT testing administration and will legally defend their validation and CPAT administration with respect to all actions and /or inactions of PST; 4.3 PST has the capability and agrees to provide Agency candidates the required practice tests and orientations. PST shall further provide the Agency, if requested, with assistance in establishing candidate mentoring programs; 4.4 PST utilizes all CPAT required equipment and verifies that such equipment and props conform to the specifications in the CPAT manual as the same exist and has the ability to administer the CPAT in conformity with the specifications of the CPAT Manual and the EEOC conciliation agreement. If in the future the specifications in the manual change, PST agrees and certifies that it will conform equipment, props and testing procedures to such changes. 4.5 PST provides CPAT certifications for candidate's use in applying for employment in one or multiple fire departments. PST certifies that it has notified the IAFF of the CPAT licensed fire departments for which such certification is provided and certifies that it has and will provide an electronic system where the Agency can verify the applicant's results and the dates) when such were obtained. Mutual Undertakings of the Parties. 5.1 The fees charged by PST under Section 6 below will conform to a pricing model that allows flexibility to applicants or the Agency to cover the costs of administering the CPAT. PST shall have a mechanism in place to assure that any individual who demonstrates a significant financial hardship will be provided the CPAT at reduced or no charge. 5.2 This section deleted. 5.3 PST and the Agency agree that they will provide mutual assistance and full access to the IAFF for on -site reviews and audits of facilities holding a limited license and agree to fully cooperate with such efforts. The parties further agree to maintain any records necessary to document duties referenced in the attached Exhibit A, including but not limited to verification of written agreements with fire departments, verification of test administration procedures, CPAT Services Agreement Tukwila Fire Department 2 of 4 Public Safety Testing, Inc. verification of proctors, facility inspection records, equipment inspection records, verification of course layout, and verification that CPAT Administration is properly used and reported. 5.4 PST will report candidate data to the IAFF via the CPAT Administrator. The Agency is not required to duplicate these efforts. The Agency will notify PST of the name(s) and dates) of hire of any candidate hired. 6. Fees: The professional fees for services related to this agreement are as follows (check all that apply): Q None fees are included in separate agreement for pre employment testing services (Subscriber Agreement); $_NA total during the term of this Agreement. Agency agrees to pay $_NA per candidate (includes required CPAT Orientations (2), Practice Tests (2), and CPAT Test (1). CPAT Transportability Study: NA Q Candidate is responsible for CPAT testing fees. 7. Termination. PST and the Agency may withdraw from this Agreement at any time for any reason with 45 days written notice. 8. Entire Agreement. Amendment. This is the entire Agreement between the parties. Any prior understanding, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended, except in writing, at the express written consent of the parties hereto. h This Agreement is dated this 1,5 day of TUKWILA FIRE DEPARTMENT Prin �L r.� Its: Nlcw ny' J Contact: N��IivaS �iarP� Ca►t�� Address: 4 '4q Aid oy &A 0 City /State.' p, IA /A. qo /8S Telephone: Job -971- 901 CPAT Services Agreement Tukwila Fire Department 3of4 MAC 20V&%. v PUBLICS ETY TE IA 'C. By: Print: J F. Walters, 7f. Its: President Jon F. Walters, Jr. 20818-44 th Ave. W., Suite 160 Lvnnwood, WA 98036 425.776.9615 Public Safety Testing, Inc. EXHIBIT A CPAT Limited Licensee. Policy CPAT licenses shall only be issued to third party testing organizations that are: federal, state or:provincial governments or agencies; state.or provincial fire academies: colleges /universities that conduct pre employment testing; or pre employment testing organizations. Limited licensees may only administer the. physical testing:: portion of the CPAT for the purpose of testing the _physical capability of fire fighter candidates under the CPAT requirements, Limited licensees shalt not administer the CPAT to any person without first obtaining a written agreement with the fire department to which the person. is applying. Such agreement will contain the following provisions: the fire department will certify that It a valid CPAT license, and that it agrees to recognize and accept proof of completion of the CPAT from-the limited licensee; the fire department will certify that it will utilize the CPAT only in the context of an overall implementation of the CPAT program that complies with its CPAT license;. the limited licensee shall have the capability and agree to assist the fire department in meeting the terms of such compliance, including the .pre4est orientation and mentoring requirements, the limited licensee shall have the capability and staff to validate the OPAT for Jurisdictions through a transportability study, assist the fire department in obtaining CPAT licensure, provide consistent CPAT testing administration. and legally defend their validation and CPAT administration:; the limited. licensee shall have the capability and agree to provide candidates continuously available practice tests and orientations. it shall further provide the CPAT licensed fire department with assistance in establishing candidate mentoring programs; the limited licensee imust have purchased all CPAT equipment and verify that such equipment and props conform. to all specifications in the CPAT manual and that it has the ability to administer the CPAT in conformity with the specifications of CPAT; where' fees are charged by the limited licensee, a pricing model. must be established -hat allows flexibility to have applicants or fire departments cover the cost, The "limited licensee shall have a mechanism in place to assure that any individual: who demonstrates a. financial hardship will be provided the CPAT at reduced or no charge; and if the limited licensee is providing CPAT certifications for a candidate's use .in applying. for employment in multiple fire departments it roust notify the IAFF of the CPAT licensed fire departments for which such certification is provided. Further, the .testing organization most provide an electronic system where CPAT licensed fire departments that accept such certifications can verify applicant's results and the date when such results are no longer valid. As a condition of receiving a limited license, an applicant must agree that it will only administer the CPAT in accordance with the IAFF's licensing requirements, which include full compliance with the ECdC conciliation agreement and utilization of the CPAT Administration. To ensure compliance with this policy, the IAFF will conduct on -site reviews and audits of the facilities holding a limited license, and the limited licensee must agree" to fully cooperate with such efforls: The on -site review and audit will include, but are not necessarily limited ito, the following: verification.of written agreements With fire departments; verification of test administration procedures, verification of proctors; facility inspection in accordance with the CPAT requirements on size,. environmental conditions floor composition, etc.; equipment inspection to ensure all equipmentand .props meet the CPAT specifications; verification that.course layout is in accordance with the CPAT specifications; and. verification that the CPAT Administration is being properly used and data reported. To ensure that the IAFF .has adequate resources to conduct on -site reviews and audits, limited license holders will be charged an annual licensing fee of five thousand dollars _($5,000). Limited licenses. will continue to be non transferable, non- exclusive and revocable at will for any reason:. CPAT Services Agreement Tukwila Fire Department 4 of 4 Public Safety Testing, Inc.