BY-LAWS
 OF THE
COMBINED AGENCY RESPONSE TEAM


ARTICLE I
IDENTITY AND SCOPE OF ORGANIZATION

Pursuant to the Intergovernmental Agreement adopted on March 14, 1995, (the “Agreement”), the Member Agencies have agreed to provide mutual aid in the event of emergencies requiring confined space rescue, tactical/rope rescue and other specialized rescue services.

The Agreement set up a two-tiered level of organizations whereby agencies in a localized geographic area, called the “Local Response Area,” work together to obtain equipment, train personnel and provide early response to rescue emergencies. Representatives of each Local Response Area serve on a Central Board that adopts guidelines for training, equipment and operating procedures.
ARTICLE II
LOCAL RESPONSE TEAMS

A. The Central Board will designate the boundaries of the local response areas.
B. The Chief of each Agency may choose two (2) representatives to serve on the Local Response Team Board which shall have authority to pursue the purposes of the Agreement within the geographic area defined as the Local Response Area.
C. The Local Response Team Board shall meet at least quarterly and shall adhere to all requirements of the Illinois Open Meetings Act and any other law requirements related to meetings and business records.
D. The Local Response Team Board shall elect from its members two (2) individuals, one of whom will be a chief of department from an active agency department, who shall be appointed to serve on the Central Board. Their terms shall be for a two (2) years and shall expire in alternate years.
E. In order for a Local Response Team to be in good standing it must (1) maintain the minimum equipment standards, (2) maintain the minimum training standards and (3) adopt the standard operating procedures recommended by the Central Board and (4) satisfy validation criterion.

ARTICLE III
CENTRAL BOARD

A. The Central Board is the executive board that governs the Agreement. It is compromised of two (2) Appointees from each Local Response Team as indicated in Article II D above.
B. The Central Board shall meet at least quarterly and shall adhere to all requirements of the Illinois Open Meetings Act and any other applicable law related to meetings and business records. The Central Board shall be responsible for promulgation of procedures for meeting etiquette, including but not limited to, agenda, public comment, local team reports, etc.
C. At the meeting following the election / appointment (in the event of a vacated position) of a member to the Central Board at the regularly scheduled October meeting, the board shall reconstitute its board offices from its members. Vice-Chairperson, Assistant Secretaries, and Assistant Treasurers may also be elected at the discretion of the Central Board. Each officer shall hold office until a successor is duly elected and qualified. Vacancies occurring in any office, whether by death, resignation, removal or otherwise, shall be filled for the unexpired term by a majority vote of the Central Board at any regular or special meeting. A board member may hold office in any number of Committees except that the offices of Chairperson, Treasurer and Secretary must be held by different persons.
D. A majority of the total number of teams shall constitute a quorum for the transaction of business at any meeting of the Central Board. In the absence of a quorum, a majority of the Central Board members present may continue the meeting to a date certain, and the Secretary shall give all Central Board members five (5) days notice of such continued meeting.
E. A simple majority affirmative vote of the quorum shall be necessary for the adoption of any other matters.
F. An affirmative vote of three-fourths majority of all teams shall be necessary for the adoption of any matter regarding fees, rules, policies, and by-laws.
G. Each team shall be entitled to one vote.

ARTICLE IV
COMMITTEES OF THE CENTRAL BOARD

A.  There shall be committees to handle various aspects of the operations of the Central Board. Examples are: Finance, Training and Membership
B.  One (1) member of each committee shall be appointed as Chairperson by the committee.

ARTICLE V
OFFICERS CHAIRPERSON:

The Chairperson shall preside at all meetings of the Central Board, shall have general and active management of the business of the Central Board, shall have power to accept and receive donations and gifts to the Central Board and to give receipts therefore, shall see that all orders and resolutions of the Central Board are carried into effect, and shall execute all contracts requiring a signature of the Central Board. In general, the Chairperson shall perform all duties and may exercise all rights as are incident to the office of President of a corporation, and such other duties as may from time to time be prescribed by the Central Board or by these By-Laws.

VICE-CHAIRPERSON: The Vice-Chairperson shall have all the powers and perform all the duties of Chairperson in the absence or incapacity of the Chairperson, and shall have such other duties as may from time to time be prescribed by the Central Board or these By-Laws.

SECRETARY AND ASSISTANT SECRETARIES: The Secretary shall keep full minutes of all meetings of the Central Board. This secretary shall attend the meeting of the Central Board and act as clerk thereof, and record all acts and votes in the minutes of all proceedings in a book to be kept for that purpose. The Secretary shall see that all notices are duly given in accordance with the provisions of these By-Laws or as required by the Agreement, and shall perform such other duties as may be assigned to such office. The Secretary shall have custody of and properly keep all the record books of the Central Board. The Assistant Secretaries, in the order of their seniority, shall perform the duties and exercise the powers of the Secretary in the absence or incapacity of the Secretary, and shall have such other duties as may from time to time be prescribed by the Central Board or these By-Laws.

TREASURER AND ASSISTANT TREASURER: The Treasurer shall keep full and correct account of receipts and disbursements and the books belonging to the Central Board, and shall deposit all monies and other valuable effects to the credit of the Central Board, in such banks of deposit as may be designated by the Central Board. The Treasurer shall invest the funds of the Central Board for the account of the Central Board in such manner as the Central Board shall determine. The Treasurer shall dispose of, or direct agents authorized by the Central Board to dispose of, funds of the Central Board as may be ordered by the Central Board, taking proper vouchers for such disbursements, and shall render to the Central Board, whenever it may so require, and account of all the transactions conducted by the Treasurer and of the financial condition of the Committee. The Assistant Treasurer shall perform the duties and exercise the powers of the Treasurer in the absence or incapacity of the Treasurer and shall have such other duties as may from time to time be prescribed by the Central Board or these By-Laws.

TERMS OF OFFICE: The Chairperson, Secretary and Treasurer shall be elected to a two-year term of office. The Chairperson, Secretary, and Treasurer may be elected to a second two-year term of office. If elected to a second two-year term of office, the Chairperson, Secretary, and Treasurer may not be elected to a third consecutive term in his/her respective office.

RESIGNATIONS: Any officer may resign at any time by giving written notice to the Central Board or to the Chairperson or the Secretary of the Central Board. Any such resignation shall take effect at the time specified therein and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make the resignation effective.

REMOVAL: Any officer may be recommended for removal by the Central Board whenever, in its judgment, the best interests of the Central Board will be served thereby. An affirmative vote of three-fourths majority of all teams shall be necessary for removal from office.
ARTICLE VI
MEMBERSHIP

A. There shall be two (2) types of membership. “Active Members” shall be governed by paragraph B of this Article. “Associate Members” shall be governed by paragraph C of this Article.
B. Active Membership
1 . An Agency that requests Active Memberships agrees to provide the following in order to be considered:
a. Completed application form;
b. Commitment of a minimum of five(5) personnel to actively participate in response action; and
c. Equipment as required by the Board of the Local Response Team in order for the Local Response Team to meet the equipment standards set forth in Article VII.
  2. Once the Local Response Team Board determines that the Agency has met the requirements of paragraph B (1), the Central Board will vote on the membership of a new Active Member. Acceptance into C.A.R.T. is contingent upon proper adoption of the agreement.
  3.  In order to remain in good standings, an Active Member must adhere to the policies set forth by the Central Board and be in full compliance with Articles VI, VII, VIII, and IX of these By-Laws.
  4. Active Members shall pay the annual fee as established by the Central Board.
  5. Active Members will pay Associate Member fees pending any approval / validation to active status.
  6. Fee changes as recommended by the Finance Division will follow by-law amendment procedures as outlined in Article X.
C. Associate Membership
1. New teams will apply to the central board for inclusion into the CART organization. An Agency that requests Associate Membership agrees to provide the following in order to be considered:
    a. Completed application form;
b. Once the Local Response Team Board determines that the Agency has met the requirements, the Central Board will vote on the membership of a new Associate Member. Acceptance into C.A.R.T. is contingent upon proper adoption of the agreement.
  3. In order to remain in good standings, an Associate Member must adhere to the policies set forth by the Central Board.
  4. Associate Members shall pay the annual fee as established by the Central Board.
  5. Fee changes as recommended by the Finance Division will follow by-law amendment procedures as outlined in Article X.

ARTICLE VII
EQUIPMENT STANDARDS

A. Each Team will adhere to the minimum equipment lists set forth by the Central Board.

ARTICLE VIII
TRAINING STANDARDS

A. Each Team will adhere to the minimum training standards set forth by the Central Board.

ARTICLE IX
RESPONSE STANDARDS

A. Each Team will adhere to the response standards set forth by the Central Board. Running cards are to be submitted to the Central Board.

ARTICLE X AMENDMENT

A. Notice of proposed amendments to these By-Laws shall be served by the Central Board on all Agencies at least sixty (60) days prior to action for adoption.

B. These By-Laws may be amended, upon an affirmative vote of three-fourths majority of all teams.

C. Notice of amendments shall be served on all Agencies promptly upon adoption.

D. Amendment shall take effect sixty (60) days following adoption.
 

Adopted this 19th day of December, 1995
Amended the 8th of April, 1998.
Amended April, May, August, 2003


 
COMBINED AGENCY RESPONSE TEAM (CART)
INTERGOVERNMENTAL AGREEMENT

        This Agreement is made and entered into on the dates set forth next to the signature of each party hereto, each being a unit of local government (hereinafter referred to as “Agency”).


        WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance and to contract or otherwise associate with individuals, associations and corporations in any manner not prohibited by law or ordinance; and

        WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1, et.seq., provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised jointly with any other unit of local government; and

        WHEREAS, the Fire Protection District Act provides that a fire protection district is authorized to contract for mutual aid from and to governmental units organized to furnish fire protection services, 70 ILCS 705/20a, and to agree to joint ownership of firefighting equipment, communication equipment, rescue and resuscitation equipment and real and personal property necessary for the care and housing of such equipment, 70 ILCS 705/10b; and

        WHEREAS, the Municipal Code. 65 ILCS 5/1-1-5, authorized the corporate authorities of a municipality to exercise jointly all powers which it possesses; and

        WHEREAS, all parties hereto have determined that it is in their best interests to enter into this Agreement to secure to each the benefits of mutual aid in tactical rescue and other related services dealing with the protection of life and property in an emergency and have determined that the terms of this Agreement are fair, just and equitable to all parties.

        NOW, THEREFORE, in consideration of the foregoing recitals and the covenants herein contained, the parties hereto agree as follows:

SECTION 1
PURPOSE AND INTENT

        The purpose of this Agreement is to provide for mutual aid between the parties hereto in the event of emergencies requiring confined space rescue, tactical/rope rescue, and other specialized rescue services in certain situations where such aid is necessary and desirable to best serve the interest of the parties in preserving life, property and health, safety and welfare of the public within the territories of the respective parties or such territory as may be annexed by such parties hereinafter.

        The parties to this Agreement recognize and acknowledge that in certain situations, such as, but not limited to, emergencies, natural disasters and man-made catastrophes, the use of an individual Agency’s personnel and equipment to perform functions outside the territorial limits of the Agency is desirable and necessary to effectively and efficiently preserve and protect the health, safety and welfare of the public. It is further expressly acknowledged that in certain situations, such as the aforementioned, the use of other Agencies’ personnel and equipment to perform functions within the territorial limits of an Agency is desirable and necessary to preserve and protect the health, safety and welfare of the public. Further, it is acknowledged that coordination of assistance through automatic aid may be desirable for the effective and efficient provisions of assistance.

        It is the intent of all parties to comply with all applicable State and Federal laws.

SECTION II
DEFINTIONS

In this Agreement, the following terms shall be defined as follows:
A. Active Member: An Agency, who has met all the prerequisites of Active Membership as set forth in the Bylaws. In general, an Active member provides personnel, equipment or a full team that regularly participates in rescue activities.
 B. Agency: A unit or local government or any corporation or association organized to furnish fire protection service that has submitted an application for membership in C.A.R.T. that has been approved by the Central Board, that has lawfully adopted an ordinance or resolution or otherwise formally agreed to terms of this Agreement, and that is in good standing as set forth in the Bylaws.
C. Aiding Unit: An Agency furnishing equipment or man power to a Stricken Unit.
D. Appointee: An individual chosen by the board of a Local Response Team to serve on the Central Board.
E. Associate Member: An Agency, who has met all the prerequisite for Associate membership as set forth in the Bylaws. In general, an Associate Member does not contribute vehicles or equipment to the Team.
         
SECTION III
ORGANIZATION

A. This Agreement shall be administered by the chiefs (or other Representative) of each Agency pursuant to the structure established in this section.
B. The Chief of each Agency may choose two (2) Representatives to serve on a Local Response Team Board which shall have authority to pursue the purposes of this Agreement within the geographic area defined by the Local Response Area.
C. Each Local Response Team Board shall appoint two (2) of its members to serve on the Central Board.

    
SECTION IV
POWERS AND AUTHORITY OF THE CENTRAL BOARD


A. The Central Board, as the governing body created by this intergovernmental agreement, shall have the authority to exercise and enjoy, on behalf of the parties to this agreement, any power or powers, privilege or authority which may be exercised by any public agency of the State of Illinois to the extent that joint exercises and enjoyment are not prohibited by law.
B. The Central Board will adopt bylaws that will govern the operations of the Central Board.
C. The Central Board will adopt bylaws that describe the manner in which other Agencies may join the C.A.R.T., and the standards that current Member Agencies must maintain to remain in good standing.
D. The Central Board has express authority to enter into agreements with private individuals, associations and corporations to provide for mutual aid and in any other manner not prohibited by law or ordinance.
     
SECTION V
POLICY AND PROCEDURE

A. Each Agency, by submitting an application for membership, covenants that it will comply with the terms of this Agreement, the Bylaws of C.A.R.T. and any other policies or procedures adopted pursuant to this Agreement upon approval of their application and adoption of an ordinance or resolution approving the Agreement.
B. The Central Board may, from time to time, adopt policies and procedures to provide for the orderly implementation of assistance to be provided by the Agreement.
   
SECTION VI
AUTHORITY AND ACTION TO EFFECT MUTUAL AID
 
A. Each Agency hereby authorizes and directs its Fire Chief, or the Chief’s designee, to act on behalf of the Agency in rendering and/or requesting mutual aid to or from the other Agencies in accordance with the policies and procedures established by the Central Board from time to time which may include automatic aid. Aid rendered shall be to the extent of available personnel and equipment not required for adequate protection of the territory of the Aiding Unit. The judgement of the Fire Chief, or designee of the Aiding Unit, shall be final as to personnel and equipment available to render aid.
B.  Each Agency hereby authorizes the Local Response Team to establish Mutual Aid Procedures including a box alarm system to effectuate automatic aid when, in the opinion of the Central Board, such a system is necessary and prudent. SECTION VII JURISDICTION OVER PERSONNEL AND EQUIPMENT Personnel and equipment dispatched to aid a Stricken Unit pursuant to this Agreement remain employees, property and responsibility of the Aiding Unit. Personnel and equipment rendering aid shall report to the Fire Chief or senior office of the Stricken Unit at the occurrence scene for direction and assignment. The Aiding Unit, at all times, retains the right to withdraw any and all aid rendered upon order of it Fire Chief, or the Chief’s designee; provided, however, that an Aiding Unit that intends to withdraw aid shall notify the Fire Chief, senior officer of the Stricken unit, of the withdrawal and the extent of the withdrawal of aid.
  
SECTION VIII
FINANCES
 
A. All Agencies who seek to participate as Active or Associate members shall pay a one-time application fee as set by the Central Board. This fee shall not exceed $100.00.
B. All Agencies shall contribute an annual maintenance/equipment fee as set by the Central Board.
C. Each Agency hereby authorizes the Central Board, as the governing body of this intergovernmental agreement under the Intergovernmental Cooperation Act, 5 ILCS 220/1 et. seq., to accept gifts of real and personal property, to purchase goods and services in furtherance of the purposes of this Agreement, to hold title to real and personal property and to sell, lease or exchange real and personal property no longer needed for the furtherance of the purposes of this Agreement.
D. It is the intention of C.A.R.T. through the stricken Agency to seek reimbursement of costs associated with an emergency.
E. The authority to control each Agency’s assets devoted exclusively to C.A.R.T. purposes is vested in the Central Board. The authority to control assets held in the name of a Local Response Team is vested in the Central Board. In the event that a Local Response Team is dissolved, all assets must be returned to the Central Board.
     
SECTION IX
INSURANCE
 
A. Each Agency participating under the terms of this Agreement shall procure and maintain, at its sole and exclusive expense, insurance coverage which covers itself, its personnel and equipment and liability for its participation in providing assistance pursuant to this Agreement, including comprehensive liability, contractual liability, personal injury, property damage, workers’ compensation, and, if applicable, emergency medical services professional liability, with such limits of coverage and deductibles as are prudent and reasonable for the protection of itself, its personnel and its equipment. In any event, the liability coverage including contractual liability shall not be less than $1,000,000. Members shall bear the responsibility for insurance even in the event of inadequate, nonexistent or exhausted coverage.
B. A Stricken Unit shall have no obligation to provide or extend insurance coverage to insure the personnel of any Aiding Unit or to insure the acts or omissions of personnel of the Aiding Unit.
C. Each Agency shall annually provide insurance certificates as evidence of sufficient insurance. Such certificates shall provide that thirty (30) days prior to expiration or cancellation of the required insurance, notice shall be sent certified mail to the Chairman of the Central Board, who will notify the member Agencies.
 
SECTION X
INDEMNIFICATION
 
A. Each party hereto agrees to waive all claims against all other parties for any loss, damage, personal injury or death occurring in consequence of the performance of this Agreement, provided, however, that such claim is not a result of gross negligence of willful misconduct by a party hereto or its personnel.
B. Each party hereto (the “Indemnifying Party”) hereby agrees to hold harmless, indemnify and defend all other parties hereto and their personnel from any and all claims, demands, judgements, expenses, costs, liability, losses and suits in law or in equity which are made by a third party and which are caused directly and solely by the Indemnifying Party or its personnel regardless of the location where such claims arose. Included in the costs identified above are reasonable attorney’s fees (including court costs, expenses and fee for expert witnesses) required to defend any other party hereto or to enforce the provisions of this Section against the Indemnifying Party.
C. Each Agency, whether an Aiding Unit or Stricken Unit, agrees that, except as otherwise provided herein, it shall remain solely and exclusively responsible for the employee benefits, wages and disability payments, pensions, workers’ compensation claims, medical and hospitalization claims of its employees and agents, and for its own property loss.
   
SECTION XI
NON-LIABILITY FOR FAILURE TO RENDER AID

        No Aiding Unit, nor its agents, or personnel, shall be expressly or impliedly liable to any other Aiding Unit or Stricken Unit, for its failure or refusal to render aid pursuant hereto, nor for the withdrawal of aid, in whole or in part, which has been provided or which has failed to be provided pursuant to this Agreement.

SECTION XII
TERM

        Any Agency may withdraw from this Agreement at any time, by giving written notice to the Chairman of the Central Board and the Chiefs of the Agencies in its Local Response Team specifying the date of termination. The written notice provided herein shall be given by personal delivery, registered mail, certified mail or the equivalent at least ninety (90) days prior to the date on which termination is to be effective. All terminations shall be effective on the last day of the calendar month.

SECTION XIII
EFFECTIVE DATE OF THIS AGREEMENT

        This Agreement shall be in force and effect upon approval by the respective parties as may be provided by the law and upon proper execution hereof.
SECTION XIV
BINDING EFFECT

        This Agreement shall be binding upon and inure to the benefit of any successor entity which assumes the obligations of an Agency which is a party hereto. However, this Agreement may not be assigned by any Agency without prior written consent of the Central Board.
SECTION XV
VALIDITY

        The invalidity of any provision of this Agreement shall not render invalid any other provision. If, for any reason, any provision of this Agreement is determined by a Court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severable, and this Agreement may be enforced with that provision severed or as modified by Court order.

SECTION XVI
NOTICES

        All notices required hereunder shall be made in writing and shall be served by personal delivery, registered mail or certified mail or equivalent, to the Chairman of the Central Board who shall then notify the Chief of each Fire Department of the District or Municipality which is a signatory hereto.

SECTION XVII
GOVERNING LAW

        This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of Illinois.

SECTION XVIII
EXECUTION IN COUNTERPARTS

        This Agreement may be executed in multiple counterparts or duplicate originals, or with multiple signature pages, each of which shall constitute and be deemed one and the same document.

IN WITNESS WHEREOF, this Agreement has been duly executed by the parties whose names are subscribed below or on the signature pages as attached hereto from time to time, and which pages are specifically incorporated herein.