HomeMy WebLinkAbout015-R-23 Authorizing the City Manager to Execute a Contract with NIPSTA, and Appoint the Director of Public Works and the Public Services Bureau Chief to Serve as the City’s Delegate and Alternate Delegate, Respectively, on the NIPSTA Board of Directors2/13/2023
15-R-23
A RESOLUTION
Authorizing the City Manager to Execute a Contract with NIPSTA,
and Appoint the Director of Public Works and the Public Services
Bureau Chief to Serve as the City’s Delegate and Alternate
Delegate, Respectively, on the NIPSTA Board of Directors
WHEREAS, the Northeastern Illinois Public Safety Training
Academy (“NIPSTA”) provides a training facility and strategic development forum
for public safety officers and Public Works staff of its member municipalities; and
WHEREAS, having access to a facility wherein public safety
officers and Public Works staff are trained in the latest techniques benefits the
safety and welfare of the residents of Evanston and is in the public interest; and
WHEREAS, having access to a forum wherein public safety
officials and Public Works staff can share their research, experience, and plans
benefits the safety and welfare of the residents of Evanston, and is in the public
interest; and
WHEREAS, the City Council believes that joining NIPSTA, using its
facility, and participating in its group activities is in the best interest of the health,
safety, and welfare of the residents of the City of Evanston, and is in the
public interest;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
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SECTION 1: That the City Manager is hereby authorized and
directed to execute the contract with NIPSTA, attached hereto as Exhibit A.
SECTION 2: That the City Manager is hereby authorized and
directed to name the Director of Public Works and Public Services Bureau Chief,
to act as the City of Evanston’s delegate and alternative delegate respectively to
the NIPSTA Board of Directors.
SECTION 3: That this Resolution shall be in full force and effect
from and after the date of its passage and approval in the manner
provided by law.
_______________________________
Daniel Biss, Mayor
Attest:
______________________________
Stephanie Mendoza, City Clerk
Adopted: __________________, 2023
Approved as to form:
_______________________________
Nicholas E. Cummings, Corporation
Counsel
February 13
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15-R-23
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EXHIBIT A
Intergovernmental Agreement,
Contract and Bylaws
Northeastern Illinois Public Safety Training Academy
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INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT IS ENTERED INTO by and between the units
of local government or public agencies as defined in the Statutes of the State of Illinois and pursuant
to Article VII, Section 10 of the 1970 Constitution of the State of Illinois, and 5 ILCS 220/.01, et seq of
the Illinois Compiled Statutes (2000 State Bar Edition).
In order to accomplish certain goals and aims of the various members, the following hereafter
is the contract and by-laws for the public agency to be established under the name of Northeastern
Illinois Public Safety Training Academy (“NIPSTA”), which will set forth the obligations and
responsibilities of the cooperating units of government and other members as hereinafter specified
and further, shall be organized and governed as stipulated in these Bylaws.
NOW THEREFORE, in consideration of the promises, mutual covenants, and agreements to
be performed by the parties, the Contract and Bylaws of NIPSTA are as follows:
CONTRACT & BYLAWS
Northeastern Illinois Public Safety Training Academy
ARTICLE I: PURPOSE AND SCOPE
The Northeastern Illinois Public Safety Training Academy (NIPSTA) is a cooperative venture
voluntarily established by contracting units of local government. The general purpose is to provide for
an organization of geographically related municipalities and public safety agencies in the area of
metropolitan Chicago through which the participants may jointly and cooperatively provide for the
establishment, operation and maintenance of a public safety training facility to provide instructional,
training and research programs of mutual concern for the use and benefit of the participants and
others.
In order to keep this objective, the Northeastern Illinois Public Safety Training Academy will
provide for its autonomous members a forum through which they may jointly study and solve mutual
and instructional problems; exchange viewpoints and experiences in matters of public safety interest;
further intergovernmental cooperation; and, whenever deemed necessary, develop a strategy and
plan of action for the purpose of achieving common goals.
ARTICLE II: NAME
The name of the organization is the Northeastern Illinois Public Safety Training Academy,
hereinafter referred to as the "Academy" or “NIPSTA”.
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ARTICLE III: DEFINITIONS
Academy The Academy shall mean the Northeastern Illinois Public Safety Training
Academy (“NIPSTA”), which is an intergovernmental agency as a result of the
acceptance by the member jurisdictions having executed the appropriate
Intergovernmental Agreement.
Board of Directors The Academy Board of Directors shall be the governing board and shall be
comprised of designated representatives (delegates) or alternates from voting
members, as is provided for in Article V (Governance and Organization), Section
1 (Board of Directors), Subsection C (Membership, Term of Office and Voting).
The Board of Directors shall elect all NIPSTA officers.
Chief Executive The President of the Board of Directors shall be the Chief Executive
Officer (C.E.O.) Officer of the Academy.
Executive A committee comprised of all Elected Officers of the Academy,
Committee along with the Immediate Past President, the Chairpersons from each of the
Standing Committees, and one Board Member at-large.
Executive Director An employee of the Academy who shall be the Chief Administrative Officer of the
Academy and shall be responsible for the daily operations of the Academy under
the direction of the President.
Member A Member shall be a municipality or fire protection district whose governing
board has adopted the model or similar resolution authorizing participation in
NIPSTA; and has further executed the necessary Intergovernmental Agreement,
including the Contract and Bylaws, to facilitate membership; and has paid the
necessary dues assessments to remain an active Member of NIPSTA. Member
municipalities and fire protection districts shall have membership alternatives as
specified in Article IV (Participation) of this Agreement. Further, the Board of
Directors may establish standards and criteria for non-municipal “affiliate”
membership (“Affiliate Members”) from time to time should a majority of the
Board approve both the membership criteria and each affiliate application. Each
approved Affiliate Member must pay dues and abide by all membership criteria
approved by the Board of Directors. The term “Non-Member” is used in this
Agreement to refer to persons or entities that receive training and/or services
from NIPSTA under the terms of a NIPSTA-established fee/charge schedule or
pursuant to a NIPSTA-approved training program agreement or professional
services agreement.
Public Safety A division within a municipality that provides public safety services,
Department specifically Police, Fire, Emergency Medical Services, Rescue, Public Works, or
Emergency Management.
Standing Committee The individual selected to chair each of the Standing Committees
Chairperson identified in these Bylaws.
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ARTICLE IV: PARTICIPATION
Section 4.1 - Voting Members
All cities, villages, and fire protection districts within the Chicago metropolitan area that provide
public safety services are eligible for participation as “Voting Members”, unless otherwise stated in
these Bylaws.
Participation shall be contingent upon the adoption of the enabling resolution authorizing
membership in the Academy, the execution of the Contract and Bylaws of the Academy, and the
payment of such sums and under such conditions as are set forth by the Board of Directors. New
participants shall be admitted upon the recommendation of a majority vote (not less than six (6)
affirmative votes) of the Executive Committee and approved by majority vote of the membership of
the Board of Directors.
Section 4.2 - Non-Voting Affiliate Members
School districts, park districts or other governmental units or bodies, joint action agencies,
public utilities, and other interested companies or organizations are eligible to become non-voting
affiliate members. Such non-voting members shall be entitled to attend and participate in all
meetings excluding closed meetings of the Board of Directors or any committee or subcommittee,
receive Academy reports and publications and participate in training activities at the same cost as full
Academy Members but shall not be entitled to vote. Non-voting affiliate members must be agencies
or organizations whose boundaries or service areas are generally consistent with those of the existing
membership and who, upon the recommendation of a majority vote (not less than six (6) affirmative
votes) of the Executive Committee, are approved by a majority vote of the membership of the Board
of Directors.
Section 4.3 - Membership and Withdrawal or Expulsion
A. Academy Membership. Academy membership shall be for (1) one-year periods that coincide
with calendar years, provided, however, that initial membership may begin in the middle of a
year, with first-year dues (as provided in Article VII (Finance)) prorated accordingly. Withdrawal
of membership can be accomplished by written notification from the withdrawing entity to the
Board of Directors, such notification to be made no later than one (1) year prior to the start of
the calendar year that the withdrawal is to become effective, and such membership withdrawal
shall become effective on January 1 st of that calendar year. Withdrawal of an entity does not
remove or eliminate the responsibility of the withdrawing entity for any long-term indebtedness
encumbered during its period of membership, if any, provided however that a Member who has
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provided notice of withdrawal shall not be required to accept any responsibility for any
indebtedness incurred by the Academy following the date of notification of pending withdrawal .
Members withdrawing membership waive all dues paid prior to the withdrawal date and all
other assessments, fees, charges or equity paid or earned prior to their withdrawal date.
Members shall fall into one of the following categories:
1. Municipal Member. A Municipal Member may join with one or more Public Safety
Departments, and shall be assessed dues for each such Public Safety Department
according to a schedule as may be adopted in the annual budget approved by the
Board of Directors. If a municipality is a Member with all Public Safety Departments
(Police, Fire/EMS, Public Works), then all other employees of the municipality may
attend training at, or sponsored by, NIPSTA at the NIPSTA member tuition rates.
2. Fire Protection District Member. A fire protection district shall be assessed membership
dues according to a schedule as may be adopted in the annual budget approved by the
Board of Directors. All employees of a fire protection district shall be eligible to
participate in NIPSTA- sponsored training activities at the NIPSTA member rate.
3. Affiliate Member. The Board of Directors may from time to time establish such
standards and criteria, including a dues structure, as a majority of the Board may deem
appropriate for non-voting Affiliate Members. Affiliate Members may include other
governmental entities, joint action agencies, public utilities, private corporations, or
educational institutions that may from time to time be approved for affiliate membership
upon affirmative majority vote of the membership of the Board of Directors.
B. Expulsion of Members. The Academy membership may, by a vote of two-thirds (⅔rds) of the
membership of the Board of Directors, expel any Member of the Academy. Such expulsion
shall take effect at the beginning of the next fiscal year, unless determined otherwise by the
Board of Directors, and may be carried out for one or more of the following reasons:
1. Failure to pay any and all dues and assessments levied by the Academy.
2. Failure to carry out any obligation, condition or requirement of the Academy pursuant to
the Contract and Bylaws or other written intergovernmental agreements or Academy
policies enacted by majority vote of the membership of the Board of Directors.
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No Member may be expelled except after written notice from the Board of Directors to the
defaulting Member of the alleged failure, along with a reasonable opportunity of not less than
thirty (30) calendar days to cure the alleged failure. The Member may request a hearing before
the Board of Directors prior to any decision regarding expulsion. The President shall set the
date for a hearing which shall not be less than fifteen (15) calendar days after the expiration of
the time to cure the default has passed. A decision by the Board of Directors to expel a
Member after written notice and hearing and failure to cure the alleged defect shall be final.
After expulsion, the former Member shall continue to be fully obligated, as required in
Paragraph A (Academy Membership, Section 3 (Membership and Withdrawal or Expulsion) of
this Article IV (Participation).
ARTICLE V: GOVERNANCE & ORGANIZATION
Section 5.1 - Board of Directors
A. Board Established. The Board of Directors (“Board”) is established as the “Governing Board”
for the Academy.
B. Intent and Purpose. The purpose of the Board of Directors is to serve as the governing board
that makes all final policy decisions, sets goals and objectives, and is responsible for the
governance of the Academy.
C. Membership, Term of Office and Voting. Each voting member of the Academy shall have one
(1) delegate and may have up to two (2) designated alternate delegates on the Board of
Directors, all of whom shall be selected as determined most appropriate by such Member, and
officially designated by resolution adopted by the corporate authorities of such Member. Each
Member shall have one (1) vote on all matters, which may be cast by either the delegate or
alternate delegate provided, however, a roll call vote will be required to show the affirmative
vote of at least two-thirds (⅔rds) of the Board of Directors in order to adopt the annual budget,
establish membership dues, authorize special assessments, authorize indebtedness, amend
these Bylaws, or hire/remove an Executive Director; and a roll call vote will be required to
show the affirmative vote of at least three-fourths (3/4ths) of the Board of Directors in order to
dissolve the Academy, pursuant to Article XI (Dissolution). All other actions of the Board of
Directors will require a simple majority of the membership of the Board of Directors present
and voting, except as provided elsewhere in these Bylaws or as otherwise required by
applicable laws. Voice votes will normally be used to conduct Academy business provided,
however, a roll call vote may be requested by any Board Member in attendance at a meeting
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for any other item of business not specified in this section. Both the delegate and alternate
shall be permitted to attend all Board meetings and participate in Academy activities; however
each Member shall have only one (1) vote at such meetings.
D. Duties and Authority. As the Governing Board, the Board of Directors shall have the final
authority to set policy and to govern the overall operations of the Academy, except as
specifically delegated elsewhere in these Bylaws or as delegated by the Board of Directors.
Those powers and duties shall include:
1. Setting overall goals and objectives to accomplish the Academy’s mission as a public
safety training facility.
2. Developing plans and authorizing financing for the necessary build-out of the site and
maintaining responsibility for the continuing care and development of the facility.
3. Reviewing and approving the annual budget and overseeing the financial operations of
the Academy.
4. Making appointments to standing and ad hoc committees and task forces.
5. Approving written rules and policies, and authorizing contracts with Members Affiliate
Members, Non-Members, other governmental jurisdictions, and for-profit and not-for-
profit business enterprises.
6. Hiring an Executive Director, developing and, from time to time, approving changes in
personnel policies and rules and regulations as may be necessary for recruiting and
maintaining adequate staff to meet Academy objectives.
7. Appointing a Nominating Committee, when required, who shall be selected from among
membership of the Board of Directors to review qualifications and prepare a proposed
slate of officers for the Academy.
8. Adopting and maintaining procurement and purchasing policies for the Academy
consistent with State laws governing purchasing and procurement by the municipal
government of the Academy.
9. Taking such other actions and making policy decisions regarding the operation of the
Academy as may be necessary from time to time.
E. Meetings. Regular and special meetings of the Board of Directors shall be scheduled and
procedures followed as stipulated in Article VIII (Meetings and Procedures) these Bylaws.
Section 5.2 - Elected Officers
A. Offices Created. There shall be a President, and a Secretary/Treasurer nominated and
elected by the Board of Directors, who shall constitute the elected officers of the Academy.
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B. Intent and Purpose. The elected officers shall form the nucleus of the Executive Committee
and each shall fulfill the powers and duties granted in this Section of the Bylaws.
C. Membership and Term of Office. The President, and Secretary/Treasurer shall be selected
from among the membership of the Board of Directors. In order to avoid any potential issues of
undue influence or conflict of interest as a result of the lease arrangement that exists between
NIPSTA and the Village of Glenview or Glenview’s exercise of municipal regulatory authority in
regard to NIPSTA, a representative of the Village of Glenview shall not serve as one of the
elected officers. All officers will be elected for two-year terms and will serve until their
successors are elected and take office.
D. Duties and Authority. The officers of the Academy shall have the duties and authority as
stipulated:
1. President. The President shall be the Chief Executive Officer of the Academy and shall
preside at all meetings of the Board of Directors and the Executive Committee. The
President shall also sign all resolutions and other policy statements adopted by the
Board of Directors and shall also execute contracts entered into by the Academy.
2. Secretary/Treasurer. The Secretary/Treasurer shall be responsible for keeping all the
official records of the Academy, shall attest the signature of corporate officials as
required on necessary legal documents and shall be responsible for overseeing all
financial operations of the Academy as conducted by the Executive Director. The
Secretary/Treasurer shall serve as presiding officer in the absence of the President and
shall represent the Academy as directed by the President or in the President’s absence.
The Secretary/Treasurer shall also cause an annual audit to be completed by an
independent Certified Public Accountant (CPA).
Section 5.3 - Executive Committee
A. Committee Established. There is hereby established an Executive Committee of the Board of
Directors, comprised of all Elected Officers (President, Secretary/ Treasurer), the Chairpersons
of all Standing Committees (excluding the Chairperson of the Private Industry Training
Committee; five (5) chairpersons in total), and one (1) Board of Director who serves as the
Board-appointed “member-at-large”. The Board of Directors shall be informed at the next
Board of Directors meeting of any changes to the members of the Executive Committee that
arise under this subsection. In order to avoid any potential issues of undue influence or conflict
of interest as a result of the lease arrangements that exists between NIPSTA and the Village of
Glenview or Glenview’s exercise of a municipal regulatory authority in regard to NIPSTA, a
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representative of the Village of Glenview shall not serve as one of the voting members of the
Executive Committee.
B. Intent and Purpose. The Executive Committee shall be responsible for overseeing the
Academy’s day-to-day operations, which will be under the control of an appointed Executive
Director, and shall insure the implementation of all policies established by the Board of
Directors.
C. Membership. The Executive Committee shall be comprised of the President,
Secretary/Treasurer, Chairpersons of all Standing Committees (excluding the Chairperson of
the Private Industry Training Committee), and one (1) Board of Director who serves as the
Board-appointed member-at-large. In addition, the Executive Committee, by a majority vote,
may authorize a representative from a non-voting Affiliate Member to serve on the Executive
Committee in a non-voting, liaison capacity. The authorization shall be approved at a meeting
of the Executive Committee and shall continue until the Executive Committee votes to revoke
the authorization or the non-voting Affiliate Member advises that it no longer desires to have a
representative serve on the Executive Committee. The Board of Directors shall be informed at
the next Board of Directors meeting of any changes to the member of the Executive
Committee that arise under this subsection. In order to avoid any potential issues of undue
influence or conflict of interest as a result of the lease arrangement that exists between NIPTA
and the Village of Glenview or Glenview’s exercise of a municipal regulatory authority in regard
to NIPSTA, a representative of the Village of Glenview shall not serve as one of the voting
members of the Executive Committee.
D. Non-Voting Liaison Members. The following persons, who shall not be counted for purposes
of establishing a quorum, shall serve no the Executive Committee in a non-voting, liaison
capacity: (1) a representative of the Village of Glenview; (2) the Immediate Past President; and
(3) the Chairperson of the Private Industry Training Committee.
E. Duties and Authorities
1. Ensure all policies approved by the Board of Directors are fully implemented by the
Executive Director and his/her staff.
2. Establish the criteria, and serve as a screening committee, for the selection of an
Executive Director and for subsequent replacements whenever a vacancy occurs in that
position. The Executive Committee’s final recommendation shall be forwarded to the
Board of Directors for confirmation of the appointment.
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3. Recommend the establishment of personnel policies and rules and regulations,
including salary schedules and fringe benefit packages, as may be needed from time to
time to insure the Academy’s ability to recruit and retain qualified staff.
4. Develop and recommend to the Board of Directors draft operating rules, regulations,
policies, and other guidelines which the Executive Committee may from time to time
deem necessary to insure the competent and efficient operation of the Academy.
5. Review each annual budget prepared by the Secretary/Treasurer and the Executive
Director prior to submittal to the Board of Directors for adoption.
6. Exercise such authority and conduct business as may be delegated to it from time to
time by the Board of Directors.
7. Review and establish all insurance limits and requirements of the Academy and its
membership.
Section 5.4 - Standing Committees
A. Overview. The Academy shall have five (5) standing committees.
1. Safety
2. Fire/Emergency Medical Services Training
3. Police/Law Enforcement Training
4. Public Works Training
5. Private Industry Training
B. Chairperson. A chairperson will be appointed by the President, with the approval of the Board
of Directors, for each standing committee. Each chairperson will either be a member of the
Board of Directors or an elected or appointed officer of a Member having at least the rank of
Department Director or Deputy/Assistant Director or holding a comparable rank/title/position of
responsibility regardless of the industry or profession. In order to avoid any potential issues of
undue influence or conflict of interest as a result of the lease arrangement that exists between
NIPSTA and the Village of Glenview or Glenview’s exercise of municipal regulatory authority in
regard to NIPSTA, a representative of the Village of Glenview shall not serve as a chairperson
on any standing committee or any authorized special committee or task force appointed
pursuant to subsection F. below.
C. Members. Committee members shall be appointed from among the elected officials and
employees of Members and shall serve two-year terms provided, however, that committee
members may be re-appointed. At least annually, the President, with the approval of the
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Executive Committee, shall appoint all committee members. Each committee shall be
comprised of volunteer members, one of whom shall be the chairperson.
D. Duties and Authorities
1. Standing Committee Chairpersons
a. Chair all committee meetings.
b. Develop and implement rules and guidelines to facilitate Committee operations,
including the provisions for vice-chairmen and secretaries, or other persons to
act in the place of the chairpersons in their absences.
c. Lead the Committee in developing NIPSTA programs and training related to the
Committee’s area of focus.
d. Oversee Committee issues, prepare agendas, and facilitate Committee activities.
e. Present Committee decisions and policy recommendations to the Executive
Committee, or, when relevant, to the Board of Directors.
2. Safety Committee
a. Conduct regular meetings to review safety matters, safety initiatives, safety
projects or upgrades begin made to the NIPSTA Campus or its facilities and
equipment, proposed and new applicable safety related laws and regulations that
relate to NIPSTA’s operations and training programs.
b. Review compliance with the NIPSTA Risk Management and Campus Operations
Policy Manual, which includes a plan, policies, and procedures intended to
protect the safety and well-being of NIPSTA employees, instructors, students,
and guests. These guidelines govern the maintenance, use and operations of
training equipment, facilities and props.
c. Provide recommendations to the Executive Committee regarding updates to the
NIPSTA Risk Management and Campus Operations Policy Manual, as needed.
d. Recommend to the Executive Committee and the Board of Directors actions or
expenditures that need to be made or taken to preserve or enhance the
operational safety of the NIPSTA Campus, its facilities and equipment for use by
NIPSTA, its Members, Affiliate Members, Non-Members, NIPSTA’s employees,
its instructors, its students and the public.
e. Recommend to the Executive Committee and the Board of Directors actions or
expenditures that need to be made or taken to comply with proposed and new
applicable safety-related laws and regulations that relate to NIPSTA’s operations
and training programs and to comply with or implement safety matters, safety
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initiatives, safety projects or upgrades to the NIPSTA Campus or its facilities and
equipment.
f. Prepare and present to the Executive Committee an annual budget report
relating to the estimated cost of pending and recommended safety compliance
matters.
3. Fire/Emergency Medical Services (“EMS”) Training Committee
a. Identify, research and make recommendations related to the management and
operation of fire suppression or prevention, EMS disaster and/or emergency
management, special rescue or recovery, hazardous materials incident
response, and emergency mitigation activities to meet regional and individual fire
service training needs.
b. Conduct any other business that may not be covered in these Bylaws or any
other Academy rules, regulations, policies, or guidelines, but which pertains to
fire/emergency medical services training, or as may be directed from time to time
by the Board of Directors or the Executive Committee.
4. Police/Law Enforcement Training Committee
a. Identify, research and make recommendations related to law enforcement
functions, management, special operations, evidence, emergency management,
tactical needs, and community-oriented policing to meet the training needs of
police departments and other law enforcement agencies individually and
collectively.
b. Conduct any other business that may not be covered in these Bylaws or in any
other Academy rules, regulations, policies or guidelines, but which pertains to
police or law enforcement training, or which may be referred to the Committee
from time to time by the Board of Directors or the Executive Committee.
5. Public Works Training Committee
a. Identify, research and make recommendations related to water, sewers, streets,
other infrastructure, and other training needs for public works services.
b. Conduct any other business that may not be covered in these Bylaws or any
other Academy rules, regulations, policies or guidelines, but which pertains to
public works training, or as may be directed from time to time by the Board of
Directors or the Executive Committee.
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6. Private Industry Training Committee.
a. Identify, research, and make recommendations associated with assistance to or
from local governments to or from the private sector in terms of developing
mutually beneficial training programs and activities.
b. Conduct any other business that may not be covered in these Bylaws or in any
other Academy rules, regulations, policies or guidelines, but which pertains to
private industry training, or as directed from time to time by the Board of
Directors or the Executive Committee.
7. Regarding issues or matters identified, researched, or recommended by a committee
and related to the committee’s specific discipline, the committee chairperson shall report such
considerations directly to the Executive Committee. Policy and procedure recommendations,
suggested guidelines and other directives issued by committees are acted upon by the
Executive Committee who then provides direction to NIPSTA’s Executive Director.
F. In addition to the five (5) Standing Committees, the Board of Directors or the Executive
Committee may appoint special (ad hoc) committees or task forces as needed from time to
time to deal with specific issues or problems coming before the Academy, and such
committees or task forces shall report to their appointing bodies as requested.
Section 5.5 - Compensation and Reimbursement
A. All members of the Board of Directors, the Executive Committee, all Standing Committees and
any special committees and task forces that may be created from time to time shall serve
without salary.
B. The Executive Committee may authorize reimbursement of necessary expenses incurred by
elected officers or Board or committee members in connection with Academy business.
Section 5.6 – Notice
All notices and other communications in connection with this Agreement shall be in writing and
deemed to be given on the date of mailing if sent by certified mail, return receipt requested and
deposited in the United States Mail, postage prepaid, or may be delivered by message delivery, or
overnight express mail, or personal delivery, or via facsimile, or via electronic internet mail (“e -mail”)
to the current mailing address(es) or email address(es) of the parties’ principal administrative offices,
addressed to the mayor/village president/board president/chief executive officer or the city
administrator/city manager/village manager/executive director/ chief administrative officer or such
other person designated in writing by the Member or the Affiliate Member. Facsimile notices shall be
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deemed valid if (a) sent to the recipient’s proper facsimile number with a transmittal confirmation from
the sender’s facsimile machine (i.e., no indication of a transmittal error) and (b) follo wed by delivery of
actual notice using any of the delivery methods described in this Section above within three (3)
business days thereafter at the appropriate address. E-mail notices shall be deemed valid only to the
extent that they are (a) sent to the recipient’s proper email address with an email transmittal
confirmation from the sender’s computer/electronic device (i.e., no indication of a transmittal error)
and (b) followed by delivery of actual notice using any of the delivery methods described in this
Section above within three (3) business days thereafter at the appropriate address. Notices shall be
deemed received after the first to occur of (a) the date of actual receipt; or (b) the date that is one (1)
business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (b) the
date that is three (3) business days after deposit in the United States Mail, as evidenced by a return
receipt.
For notice of any administrative matters, including, but not limited to, notice of meetings,
meeting reminders, distribution of agenda packets and changes to the contact information for any
party or the party’s representative (e.g., mailing address, email address or the representative’s name)
for all future notices and communications relating to this Agreement, electronic communication notice
(e.g. email) may be used without the need for any further delivery methods, but confirmation of actual
delivery of the email resides with the sending party.
ARTICLE VI: STAFF
Section 6.1 - Executive Director
A. Position Established. The Executive Director shall be the Chief Administrative Officer of the
Academy. The position may either be a full-time or a part-time position depending upon the
needs of the Academy and the direction of the Board of Directors.
B. Appointment/Removal. The Executive Director shall be appointed by a two-thirds (⅔rds)
affirmative vote of the membership of the Board of Directors following receipt of an
appointment recommendation from the Executive Committee. The Executive Director may
also be removed by a two-thirds (⅔rds) affirmative vote of the membership of the Board of
Directors, as authorized by these Bylaws, for cause, or without cause, upon thirty (30) calendar
days written notice.
C. Duties and Functions of the Executive Director.
1. The Chief Administrative Officer, working under the supervision of the President and
coordinating with the committee chairpersons, shall be responsible for carrying out all
policies and mandates of the Board of Directors and Executive Committee consistent
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with these Bylaws, Academy policies, procedures and guidelines, and general or
specific assignments received from the President.
2. Oversee the daily operations of the Academy, including care and use of the facilities
and equipment, scheduling of events, and all daily activities.
3. Appoint, supervise and, when necessary, discipline and discharge other employees,
including adjunct instructors who may be authorized from time to time by the Board of
Directors.
4. Coordinate and administer all programs, services, and activities of the Academy,
including training and instructional services, long range planning and capital planning,
as well as asset management.
5. To the extent possible, attend all meetings of the Board of Directors, the Executive
Committee, and the committees.
6. Represent the Academy in dealing with the public, other governmental agencies, private
businesses, and any other party with whom the Academy may have a mutual interest.
7. Perform other duties and responsibilities as may be authorized by the Executive
Committee and assigned by the President.
ARTICLE VII: FINANCE
Section 7.1 - Fiscal Year
The fiscal year for the Academy shall be the calendar year.
Section 7.2 - Annual Dues, Fees/Charges and Special Assessments (Supplemental Fees)
A. Annual Dues. Pursuant to the NIPSTA Intergovernmental Agreement, Contract and Bylaws
(Appendix “A”), each member (as defined in the Bylaws) shall pay to the Academy an annual
dues assessment to pay for the annual operations, maintenance, upgrades and capital needs
of NIPSTA pursuant to a schedule as may be adopted in the annual budget approved by the
Board of Directors, which schedule shall be based, in part, upon a formula utilizing each Public
Safety Department’s or Fire Protection District’s total number of authorized personnel an
based, in part, on one or more formula(s), as determined by the Board of Directors, for all other
Members; provided however, that for Law Enforcement and Fire/EMS Departments, and for
Fire Protection District Members, only sworn personnel shall be considered. The Board of
Directors shall authorize and, from time to time, adjust dues for Affiliate Members, who do not
participate at the same level as the Members. Personnel counts will be as of November 1 of
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the year proceeding the year for which dues are being assessed. The Board of Directors may
also determine a minimum and maximum dues contribution for each Member.
B. Invoices for membership dues shall be issued in January each year or as approved by the
Executive Director. This income is recognized as revenue on a monthly basis in a prorated
manner throughout the year. Invoices that are unpaid after thirty (30) calendar days from the
date of the invoice or from the start of a NIPSTA Member’s fiscal year (whichever is later), will
incur late fees in accordance with the NIPSTA Statement of Internal Controls (Appendix “B”).
C. Other fees and Charges. In addition to annual dues, the Board of Directors may establish a
schedule of fees and charges for its training programs and services with one or more different
levels of fees and charges payable by its Members, its Affiliate members and its Non-
Members.
D. Special Assessments or Supplemental Fees.
If necessary to meet any anticipated or unanticipated NIPSTA expenses, debts or liabilities
(e.g. a loan or NIPSTA’s matching portion of a grant), all Members, Affiliate Members and Non -
Members shall be obligated to timely pay any special assessment or Supplemental Fees
assessed by NIPSTA as authorized by the Board of Directors. If a special assessment or
supplemental fees are to be considered, the matter shall first be discussed by the Executive
Committee who shall provide a recommendation to the Board of Directors after input from the
Executive Director. The Executive Committee shall consider and include in its recommendation
to the Board of Directors the necessity, purpose and use of the special assessment or
supplemental fees and the estimated amount of special assessment or supplemental fees to
be assessed to each Member, Affiliate Member and Non-Member and the payment timeline or
deadline of the special assessment or supplemental fees. The Board of Directors shall review
the recommendation of the Executive Committee and the input from the Executive Director and
take final action on the matter. The Board of Directors, in its sole discretion, may deny or
approve an increased or decreased amount of special assessment or special fees and a
modified payment timeline or deadline. Written notice of any special assessment or
supplemental fees to be considered by the Executive Committee shall be delivered to each
Member, Affiliate Member, and Non-Member at least fifteen (15) calendar days prior to
presentation of the matter to the Executive Committee. The written notice shall contain a
detailed description of the necessity, purpose and use of the special assessments or
supplemental fees and the estimated amount of special assessments or supplemental fees to
be assessed to each Member, Affiliate Member and Non-Member, including the payment
timeline or deadline for the special assessment or supplemental fees. Representatives of each
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Member, Affiliate Member and Non-Member may attend any meeting of the Executive
Committee and the Board of Directors to participate in the discussion of the proposed special
assessment or supplemental fees and may submit written responses to the Executive
Committee and the Board of Directors for the consideration of the proposed special
assessment or supplemental fees. If the Board of Directors approves the issuance and
collection of a special assessment or supplemental fees, the Board of Directors shall: (a) issue
a written notice to all Members, Affiliate Members and Non-Members containing a detailed
description of the necessity, purpose and use of the special assessments or supplemental fees
and the amount of the special assessment or supplemental fees to be assessed to each
Member, Affiliate Member and Non-Member and the payment timeline or deadline for the
special assessment or supplemental fees; and (b) an invoice for the special assessment or
supplemental fees assed by NIPSTA shall be sent to each Member, Affiliate Member and Non-
Member that includes a payment timeline or deadline for the special assessment or
supplemental fees. The written notice and invoice shall be transmitted to each Member,
Affiliate Member and Non-Member in the same delivery manner used by NIPSTA in delivering
its annual dues invoices. This obligation remains due whether or not the Member or Affiliate
Member elects to retain or drop their membership in the Academy.
Section 7.3 - Budget
The Secretary/Treasurer, in collaboration with the Executive Director, shall research and
recommend a fiscal year operating budget, including the amount of dues and/or other assessments
for such year, for review by the Executive Committee according to a budget calendar which is
approved by the Executive Committee. The final budget and all dues, charges, fees and special
assessments shall be reviewed and approved by an affirmative vote of at least two-thirds (2/3rds) of
the Board of Directors.
Section 7.4 - Indebtedness
The Executive Committee shall review any request from any Member, or the Board of
Directors to incur indebtedness, and shall make recommendations thereon to the full Board of
Directors. Any Academy indebtedness, or request to Members to sponsor Academy indebtedness,
shall only be approved by the Board of Directors following a thirty (30) calendar day advanced written
notice and an affirmative vote of at least two-thirds (⅔rds) of the membership of the Board of
Directors. Notwithstanding any such vote, no individual Member shall be required to sponsor or
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underwrite any debt issue without the concurrence and approval of that Member’s corporate
authorities.
Section 7.5 - Audit
The Secretary/Treasurer shall see that a yearly independent audit is performed, with the
results of the audit reported to the Executive Committee and Board of Directors.
ARTICLE VIII: MEETINGS AND PROCEDURES
Section 8.1 - Regular Meetings
A. The Board of Directors shall meet at least quarterly at a time and place which a majority of the
Board members shall determine is reasonably convenient, or at such other times as the Board
shall deem necessary, to transact Academy business.
B. The Executive Committee shall meet at least monthly, or such other times as the President
may deem as necessary, to transact Executive Committee business.
C. The dates and times of all regular meetings for any calendar year shall be scheduled and
posted prior to December 15 of the preceding calendar year.
D. All meetings of the Board of Directors and of all Committees, Councils, or any other
subcommittee or subsidiary body of the Academy shall be publicly noticed and conducted in
the manner provided in the Illinois Open Meetings Act (5 ILCS 120/1, et seq., as amended).
Section 8.2 - Special Meetings
Special meetings of the Board of Directors or Executive Committee may be called by the
President by notifying Board, Executive Committee, or Council members (as applicable) of the time,
date, and location at least forty-eight (48) hours prior to the meeting, and shall be publicly noticed and
conducted in the manner provided in the Illinois Open Meetings Act (5 ILCS 120/1, et seq., as
amended). In addition, any five (5) members of the Board of Directors or three (3) members of the
Executive Committee may independently call a special meeting of their respective body, again,
provided that written notice is made to all Board, Committee, or Council members at least forty-eight
(48) hours prior to the meeting and that the meeting shall be publicly noticed and conducted in the
manner provided in the Illinois Open Meetings Act (5 ILCS 120/1, et seq., as amended). All special
meetings shall be called for a time, date, and location which is reasonably convenient and for which it
can be anticipated that a quorum will be present.
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Section 8.3 - Quorum
A. Board of Directors A quorum shall be a majority of the members of the Board of
Directors.
B. Executive Committee A quorum shall be a majority of the members of the Executive
Committee, excluding the Past President, a representative of the
Village of Glenview and the Private Industry Training Committee
Chairperson who serve as non-voting liaison members.
C. Standing Committee A quorum shall be a majority of the members of the Standing
Committee.
Section 8.4 - Rules of Order
A participatory conference-type atmosphere is desired at all meetings. However, when orderly
procedure is required, or when these Bylaws are silent, then Robert’s Rules of Order will be
operative.
Section 8.5 - Voting Procedure
Ordinary business of the Board of Directors and the Executive Committee may be decided by
a majority vote of the members present at a meeting at which there is a quorum. All the members
share equal voting rights and there shall be no voting "in absentia" or by proxy, except as allowed by
the Illinois Open Meetings Act (5 ILCS 120/1, et seq., as amended). Roll call votes shall be required
only in matters requiring an extraordinary majority vote, including approving the annual budget and
membership dues and special assessments, authorizing indebtedness or special funds, hiring or
removal of an Executive Director, amending these Bylaws, and voting to consider dissolution of the
Academy, or as otherwise required by applicable law. Additionally, any member of the Board of
Directors may request a roll call vote in place of a voice vote.
Section 8.6 - Amendments
A. To amend these Bylaws shall require thirty (30) calendar days advance written notice of a
meeting for that purpose to all voting members and shall require, in order to be approved, the
consent of two-thirds (⅔rds) of all voting members by roll call vote.
B. There shall be no voting "in absentia" or by proxy, except as allowed by the Illinois Open
Meetings Act (5 ILCS 120/1, et seq., as amended).
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Section 8.7 – Closed Meetings
A. All closed meetings shall be conducted in accordance with the Illinois Open Meetings Act (5
ILCS 120/1, et seq., as amended) including the preparation, review and approval of meeting
minutes and the use of recorder to record the closed meetings and the retention and
destruction of the recordings.
B. Where the closed meeting topic(s) for discussion relate to any matters involving Member or
Non-Voting Affiliate Member, or a Non-Voting Liaison Member (e.g. Glenview’s lease) and
NIPSTA in regard to the provisions of the Bylaws, or any other contract or any actual or
potential conflicts of interests or disputes, the attendance of the Member or the Non-Voting
Affiliate Member or the Non-Voting Liaison Member at any closed meeting of the Board of
Directors and/or any committee or subcommittee shall be decided by the President of the
Board of Directors or the chairperson of any NIPSTA committee or subcommittee, subject to
an appeal to the Board of Directors who shall decide the appeal by a majority vote of the
membership of the Board of Directors. If the Board President or chairperson decides to
exclude the Member or the Non-Voting Affiliate Member or the Non-Voting Liaison Member
from a closed meeting, the Member or the Non-Voting Affiliate Member or the Non-Voting
Liaison Member shall recuse himself/herself from attendance, and, in such an instance, the
Member or the Non-Voting Affiliate Member or the Non-Voting Liaison Member shall not be
entitled to (a) receive any documents prepared for review and discussion in the closed
meeting, (b) listen to the recording of the closed meeting or, (c) receive a copy of the closed
meeting minutes until such minutes are released for public inspection.
ARTICLE IX: PROPERTY AND EQUIPMENT
Section 9.1 - Owned/Loaned Property
A. All property and equipment acquired by the Academy shall be owned by the Academy.
B. Property or equipment loaned to the Academy shall remain the property of the loaning party
and be insured pursuant to an agreement between the parties.
C. The Board of Directors shall make all decisions regarding the withdrawal or replacement of
property and equipment.
ARTICLE X: LIABILITY AND INDEMNIFICATION
Section 10.1
Except to the extent of the limited financial contributions to the Academy agreed to herein, or
such additional obligations as may be agreed upon by the Board of Directors, no Member agrees or
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contracts herein to be responsible for any claims in tort or contract made against any other Member.
Each Member assumes all risks of injury, illness, death or damage to its own officials employees and
personal property when such officials and employees participate in activities or programs arranged
by, offered by, hosted by, or held at, the Academy or held at any premises used by the Academy; or
when such officials and employees serve the Academy as officers, delegates, or alternate delegates;
or when such officials and employees participate as voting or non-voting members of one of the
Academy’s boards (e.g., Board of Directors) or committees (e.g., Executive Committee). Each
Member agrees to accept responsibility for and shall be liable for payment of all compensation or
benefits related to any worker’s compensation laws (e.g. Illinois Workers’ Compensation Act, (820
ILCS 305/1 et seq.), unemployment compensation laws, pension laws, the Public Safety Employee
Benefits Act (“PSEBA”) (920 ILCS 320/1 et seq.) or the Public Employee Disability Act (“PEDA”) (5
ILCS 345/1 et seq.) or any amendments to such laws or other similar employment benefit laws, where
payments relate to any for personal injuries, illness or death occurring to its officials and employees
while they are engaged in any activities or programs arranged by, offered by, hosted by, or held at,
the Academy or held at any premises used by the Academy. Each Member, at its cost, agrees to
continue to maintain and insure any personal property that its employees use while serving the
Academy.
Section 10.2
Each and every party to this Agreement (“Indemnitor”) shall indemnify, defend, save and keep
harmless the other parties; their boards; commissions/committees; chairpersons/mayors/presidents;
trustees/aldermen; officers; employees; agents; past, current, and future appointed and elected
officials; instructors and volunteers (collectively the “Indemnitees”) from and against any and all
claims, actions, suits, costs, (including reasonable attorney's fees) losses, liabilities, damages to real
and personal property, and injuries/illnesses to or death suffered by persons, (collectively “claims”)
arising out of, or caused directly or indirectly by, any act or omission of the Indemnitor or the
Indemnitor’s boards, commissions/committees, chairpersons/mayors/presidents, trustees/aldermen,
officers, employees, agents, past, current, and future, appointed and elected officials, instructors and
volunteers (except to the extent caused by the negligence or willful act of the Indemnitee) taken
pursuant to activities provided for in this Agreement.
Each party agrees to be responsible for damage to its property occasioned while operating
under this Agreement, and specifically waives the right of subrogation for property damage against
the other.
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Section 10.3
On behalf of the Academy, the Executive Director shall procure and maintain during the term
of these Bylaws, and any extension thereof, insurance to cover all liability risks, public officials liability
coverage and the replacement value of all Academy-owned property, equipment and supplies (as
well as those owned by others for which the Academy is responsible pursuant to contracts between
the Academy and those others) whether located on the Academy site or located off-site. The amount
and types of such insurance shall be as recommended by the Executive Committee following
consultation with the Academy’s insurance consultant and consideration of program and site/facility
changes that have occurred, as well as budgetary constraints.
Section 10.4
In connection with the obligation of the Members undertaken in Section 2 hereunder, each
Member represents and warrants that it presently procures and will continue to procure a
comprehensive commercial general liability insurance coverage naming the Academy, including its
employees, instructors, volunteers, appointed and elected officers and officials, representatives and
agents, and Members as additional insureds, including coverage for contractual liabilities. Such policy
or policies shall provide comprehensive commercial liability coverage in an amount not less than
$2,000,000.00 combined-single limit per occurrence with a $4,000,000.00 general aggregate.
Participation in self-insurance pools or individual self-insurance programs shall be deemed sufficient
for compliance with this section.
In addition, each Member shall provide to the Executive Director on an annual basis a
certificate(s) of insurance documenting the above required insurance coverage and the
indemnification and additional insured obligations and further that workers’ compensation coverage at
statutory limits has been procured; and further, each Member agrees to handle its own worker’s
compensation claims which may arise from Academy-sponsored training activities conducted on-site
or off-site.
Section 10.5
Each Member shall take all action necessary to keep such insurance coverage or coverages,
or other comparable coverage or coverages, in full force and effect during the period that the Member
is covered under the terms of these Bylaws.
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Section 10.6
Failure by any Member to so keep such insurance coverage in continuing effect shall result in
an automatic suspension of the rights of that Member to:
1. Participate in any training activities or programs offered by or conducted at, or by, the
Academy, and
2. Use the Academy’s real property, facilities and equipment.
While such rights are suspended, the Member is still obligated to pay or reimburse the
Academy for any liabilities, including membership dues that arise during the time period that the
Member failed to procure the required insurance coverage.
Section 10.7
Prior to the effective date of this Agreement, each Member shall deliver or cause to be
delivered to the Academy a satisfactory and current certificate or certificates of insurance showing the
required coverage and the effective dates for such coverage, which certificate or certificates shall
contain a limitation that the insurance coverage may not be modified, revoked or canceled except
after thirty (30) calendar days prior written notice served on the Academy. In each subsequent year,
a certificate or certificates evidencing renewal or replacement of the policy or policies required above
shall be delivered by each Member of the Academy not later than the date of expiration of the then
current certificate or certificates.
ARTICLE XI: DISSOLUTION
Section 11.1
If, at any regular or special meeting called for the purpose of dissolution upon thirty (30)
calendar days advance written notice to all Members of the Academy, three-fourths (3/4ths) of the
membership of the Board of Directors affirmatively vote in favor of dissolution of the Academy by a
roll call vote, then the Academy shall be dissolved within one hundred eighty (180) calendar days of
such vote without further action.
Section 11.2
Immediately after a vote favoring dissolution, the Board of Directors shall proceed to settle or
resolve any financial obligations pending and to dispose of all property held by the Academy. If, upon
dissolution, there are deficits remaining, such deficits shall be charged to, and paid by, the voting
Members and former voting Members on a pro-rata basis. For the purposes of this Article XI, the
Allocation of surplus or deficits on a “pro -rata basis” will be based on the amount of membership dues
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paid by each voting Member and former voting Member over the previous twenty-four (24) month
period as a percentage of total dues paid to the Academy over the prior twenty-four (24) month period
preceding the date of dissolution.
Section 11.3
Upon dissolution, any property of the Academy shall be disposed of and liquidated by public
auction, sealed bid auction, or such other method permitted by law for the disposal of public property,
as determined by the Board of Directors.
Section 11.4
All Academy funds remaining after the payment of all bills, settlement of debts, and any other
liabilities shall be distributed by the Board to the Academy voting Members and former voting
Members who were in good standing within two (2) calendar years preceding the date of dissolution
on a pro rata basis based on the amount of membership dues paid by each voting member over the
last two (2) calendar years as a percentage of total dues paid to the Academy over the last two years
preceding the date of dissolution.
ARTICLE XII: COMPLIANCE WITH LAWS, RATIFICATION AND SEPARABILITY
Section 12.1
This Intergovernmental Agreement Contract & Bylaws, as amended (the “Bylaws”), are
considered a valid, binding agreement that is in full force and effect, and applicable to those members
whose Board of Trustees/City Councils have adopted by resolution that authorizes and approves the
execution of the Bylaws, as amended, and the participation in and commitment to be bound by the
conditions of NIPSTA membership as set forth in the Bylaws, as amended. A copy of this
Intergovernmental Agreement, Contract, and Bylaws shall be affixed to the approving resolution that
authorizes and approves of the execution of this Intergovernmental Agreement, Contract & Bylaws.
Section 12.2
Each article, section, paragraph, sentence, clause, and provision of these Bylaws is
separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall
not affect the remainder of these Bylaws nor any part thereof other than that part affected by such
decision.
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Section 12.3
Compliance with Laws. The parties to this Agreement shall comply with all applicable federal, state
and local laws, including the following:
A. Certification. Each party and its officers, corporate authorities, employees and agents certify
that they are not barred from entering into this Agreement as a result of a violation of either
720 ILCS 5/33E-3 or 5/33E-4 (bid rigging or bid rotating) or 5-33E-6 (interference with contract
submission and award by public official) or as a result of a violation of 820 ILCS 130/1 et seq.
(the Illinois Prevailing Wage Act) or as a result of: (1) a delinquency in the payment of any tax
administered by the Illinois Department of Revenue or any fee required by any unit of local
government or the State, unless the party is contesting, in accordance with the procedures
established by the appropriate revenue act, its liability for the tax or the amount of the tax or
the fee, as set forth in section 11-42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-
42.1-1 et seq. Each party and its officers, corporate authorities, employees and agents further
certify, by signing this Agreement, that the party and its officers, corporate authorities,
employees and agents have not been convicted of or barred for bribery or attempting to bribe
an officer or employee of a unit of state or local government or school district in the State of
Illinois in that officer’s or employee’s official capacity. Nor have the parties or their current
officers, corporate authorities, employees and agents made admission of guilt of such conduct
which is a matter of record, nor has any current official, officer, agent or employee of the
parties been so convicted nor made such an admission.
B. Non-Discrimination. Each party and its officers, corporate authorities, employees and agents
agree not to commit unlawful discrimination and agree to comply with all applicable provisions
of the Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, as amended, the
Americans with Disabilities Act, the Age Discrimination in Employment Act, section 504 of the
Federal Rehabilitation Act, and all applicable rules and regulations. Each party maintains a
written Sexual Harassment Policy in compliance with Section 2-105 of the Illinois Human
Rights act (775 ILCS 5/2-105(A)(4)). Each party certifies that it is an “Equal Opportunity
Employer” as defined by federal and State laws and regulations, and agrees to comply with the
Illinois Department of Human Rights (“IDHR”) Equal Opportunity Employment clause as
required by the IDHR’s Regulations (44 Ill. Admin. Code, Part 750, Appendix A) as required by
Illinois law and IDHR Regulation, the Equal Opportunity Employment clause is incorporated by
reference in its entirety though fully set forth herein. Each party certifies that it agrees to
comply with the Prohibition of Segregated Facilities clause, which is incorporated by reference
in its entirety as through fully set forth herein. See, Illinois Human Rights Act (775 ILCS 5/2-
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105). See also, Illinois Department of Human Rights Rules and Regulations, Title 44, Part 750:
Procedures Applicable to All Agencies. Section 750.160: Segregated Facilities (44 Ill. Admin.
Code 750.160).
C. Conflict of Interest. Each party represents and certifies that, to the best of their own respective
knowledge: (1) no employee or agent of either of the parties is interested in the business of the
other party or this Agreement; (2) as of the date of this Agreement, neither party nor any
person employed or associated with either party has any interest that would conflict in any
manner or degree with the performance of the obligations under this Agreement; and (3)
neither party nor any person employed by or associated with either party shall at any time
during the term of this Agreement obtain or acquire any interest that would conflict in any
manner or degree with the performance of the obligations under this Agreement.
ARTICLE XIII: CONTRACTUAL OBLIGATION
For initial membership in NIPSTA, these Bylaws shall be executed in duplicate originals, and
its passage by the corporate authorities or governing board of each unit of local government or
Affiliate Member shall be evidenced by a certified copy of a resolution passed by a majority of the
corporate authorities, or other comparable documentation.
These Bylaws, and any amendments to the Bylaws, shall be in full force and effect from and
after its approval by the Board of Directors pursuant to Section 6 (Amendments), Article VII (Meetings
and Procedures) of this Agreement.
IN WITNESS WHEREOF, it is attested that this amended version of the Intergovernmental
Agreement, Contract & Bylaws was approved at a public meeting held on Tuesday, April 2, 2019 at
the NIPSTA Glenview Campus by the consent of at least two-thirds (2/3rds) of the Board of Directors
based on a roll call vote conducted in accordance with the provisions of Section 6 (Amendments),
Article VII (Meetings and Procedures) of the current NIPSTA Intergovernmental Agreement, Contract
& Bylaws. Based on the passage of that roll call vote, this amended version of the Intergovernmental
Agreement, Contract & Bylaws becomes effective for all Members and Affiliate Members of NIPSTA
on Tuesday, April 2, 2019.
Dated this 7th Day of December, 2021 ATTESTED:
____________________________________ ________________________________
NIPSTA President NIPSTA Secretary
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