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HomeMy WebLinkAboutRESOLUTION - 45-01 - 12/3/2001 - INTERGOVERNMENTAL AGREEMENT/BY-LAWSRESOLUTION NO. 45-01 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT AND BY-LAWS BETWEEN THE MUTUAL AID BOX ALARM SYSTEM (MABAS) DIVISION ONE SPECIALIZED RESPONSE TEAM ASSOCIATION AND THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: MAGAS DIVISION I FIRE DEPARTMENTS SPECIALIZED RESPONSE TEAMS AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall he in full force and effect from and after its passage and approval according to law. VOTE: AYES: Trustees: B. Dill, P. Feichter, S. Lissner, J. Petri, C. Prochno N. Czarnik NAYS: ABSENT: PASSED this 3rd day of APPROVED this 3rd day of ATTEST: Ann I. Walsh, Village Clerk December , 2001. December , 2001. APPROVED: Craig B. Johnson, Mayor rests Sag t.doc MABAS DIVISION I FIRE DEPARTMENTS SPECIALIZED RESPONSE TEAMS AGREEMENT This Agreement is made and entered into on the dates set forth next to the signature of each party hereto, by and between the units of local government and public agencies (the "Units") which have approved this Agreement in the manner provided by the law, and have subscribed hereto creating an association by and between these units of government as further enumerated herein (the "Association"). 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 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 Intergovernmental Cooperation Act provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and WHEREAS, the Fire Protection District Act (70 ILCS 705/11a) provides that a fire protection district may contract for mutual aid from and to governmental units organized to furnish fire protection services; and WHEREAS, the Municipal Code (65 ILCS 5/1-1-5) authorizes 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 establish intergovernmental specialized response teams and to enter into this Agreement to secure to each the benefits of specialized response in fire protection, fire fighting, and other related services dealing with the protection of life or property in an emergency. NOW, THEREFORE, in consideration of the foregoing recitals, the Units' membership in the Association, and the covenants herein contained, the parties hereto agree as follows: SECTION 1 PURPOSE AND INTENT The Units 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 Unit's personnel and equipment to perform specialized response outside the territorial limits of the Unit 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 Units' personnel and equipment to perform functions within the territorial limits of a. Unit is desirable and necessary to preserve and protect the health, safety and welfare of the public. Further, it is acknowledged that coordination of specialized response teams is desirable for the effective and efficient provision of public health and safety. The purpose of this Agreement is to provide specialized response services, including but not limited to, confined space rescue, hazardous materials emergency response, underwater rescue and recovery, and technical/rope rescue, between the Units in certain situations where such aid is necessary and desirable to best serve the interest of the Units in preserving the life, property, health, safety, and welfare of the public within the territories of the respective Units or such territory as may be annexed by such Units hereinafter. In addition, the Association may facilitate joint purchasing or other collective activities, including, but not limited to, fire prevention and public education, within the general purpose of the Association. Such activities shall be regulated through the by-laws of the Association. It is the express intent of the Units to this Agreement that the Association has the authority to purchase and own vehicles, apparatus, and equipment within the purpose of this Agreement. These vehicles may be operated by the Association in furtherance of its governmental purpose and intent and shall enjoy all the duties, privileges, and immunities extended to the Units to this Agreement by statutory or common law. It is the intent of all Units to comply with all applicable State and Federal law. SECTION II DEFINITIONS In this Agreement, the following terms shall be defined as follows: A. Aiding Unit: A Unit furnishing equipment and manpower to a stricken Unit. B. Association: MABAS Division I Fire Departments Specialized Response Teams; the intergovernmental agency created by this Agreement. C. Designee: The individual named by a Unit or its Fire Chief to act in the Fire Chief's place and stead in the Fire Chiefs absence or named by the Association to be in charge of a specialized response team. D. Emergency: An unforeseen occurrence or condition in a Unit's territorial jurisdiction which exceeds the Unit's capabilities to provide adequate service in the area of specialized emergency response services including, but not limited to, confined space rescue, hazardous materials emergency response, underwater rescue and recovery, technical/rope rescue, between the Units in certain situations where such aid is necessary and desirable to best serve the interest of the Units in preserving the life, property, health, safety, and welfare of the public within the territories of the respective Units or such territory as may be annexed by such Units hereinafter. E. Executive Board: Shall be comprised of the Chairperson, Vice Chairperson, Secretary, Treasurer, and Immediate Past Chairperson of the Executive Committee, and shall perform those duties assigned through the by-laws. F. Executive Committee: The governing body of the Association, composed of the Fire Chiefs. G. Fire Chief: An individual who is designated by the appropriate unit of government as having the primary responsibility for emergencies as defined herein. H. Incident Commander: An individual who has responsibility for the overall operations at an emergency scene. I. Stricken Unit: A Unit which requests aid in the event of an emergency. I. Unit: A unit of local government (or an intergovernmental public agency and the units of which the intergovernmental governmental public agency is comprised) that has adopted an ordinance (or resolution) accepting the terms of this Agreement and that agrees to comply with the rules, regulations, policies and procedures adopted by the Association. SECTION III ADMINISTRATIVE ORGANIZATION This Agreement shall be administered by an Executive Committee composed of the Fire Chiefs (or other representative designated by the member Unit) of each member Unit. A chairperson, vice -chairperson, secretary, and treasurer of the Executive Committee shall be elected annually by a majority vote of the Executive Committee members present. Such elected group shall be called the Executive Board. All documents, records, minutes and other items essential to the administration of the Association shall be stored under the direction of the current Chairperson. Rolling stock and other heavy equipment shall be stored or housed in a site determined by the Executive Committee. The Executive Committee may form subcommittees from time to time, to further the objectives of the Association. The supplies and equipment shall be purchased in the name of the Association and title, where appropriate, shall be held in the name of the Association. The Executive Committee may make by-laws necessary to implement this Agreement and to conduct its meetings. All member Units must have all proposed by-laws or changes to current by-laws fourteen (14) calendar days in advance of the meeting where such by-laws, or changes to current by-laws will be modified. Upon adoption or modification, the member Units shall receive a copy of the amended or modified by-laws within fourteen (14) days after adoption. The above notice requirements may be amended in case of an emergency. SECTION IV POLICY AND PROCEDURE The Executive Committee may, from time to time, adopt policies and procedures to provide for the orderly implementation of the specialized response to be provided by the Agreement. SECTION V AUTHORITY AND ACTION TO EFFECT INTERGOVERNMENTAL SPECIALIZED RESPONSE TEAMS A. Each Unit hereby authorizes and directs its Fire Chief, or his/her designee, to act on behalf of the Unit in rendering and/or requesting specialized response teams to or from the other Units in accordance with the policies and procedures provided herein and/or as established by the Association from time to time. 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 judgment of the Fire Chief or designee of the Aiding Unit shall be final as to personnel and equipment available to render aid. B. Each Unit hereby authorizes the Executive Committee to establish standard operating guidelines that will govern the rendering of aid in various situations. In most cases, the procedures will follow that set forth in Paragraph C of this Section, unless the guidelines provide otherwise. C. Whenever a Stricken Unit requests aid pursuant to this Agreement: I . The Incident Commander of the Stricken Unit shall notify any and all aiding Units of the nature and location of the occurrence, and the type and amount of equipment and personnel requested from the aiding Unit, as set forth in the policies and procedure provided for herein. 2. The Aiding Unit shall take the following action immediately upon receipt of a request for aid: a. Determine the extent, if any, to which requested equipment and personnel are available to render a specialized response. b. Dispatch the requested equipment and personnel, to the extent available, to the location of the occurrence reported by the Stricken Unit. C. Notify the Stricken Unit if any or all of the requested amount or type of equipment or personnel cannot be provided. SECTION VI AUTHORITY TO ENTER INTO CONTRACTS A. The Executive Committee has the express authority to associate with individuals, associations, and corporations in any manner not prohibited by law on behalf of the Association and for activities consistent with the Association's purpose and intent. B. The Executive Committee has the express authority to enter into contracts on behalf of the Association for the purchase of goods and services that are consistent with the Association's purpose and intent. Each contract shall set forth fully the purposes, powers, rights, obligations and responsibilities of the Association and all other parties to the contract. The Association will comply with any applicable provisions for the letting of contracts set forth in Sections 8-9-1 to 8-9-3 of the Illinois Municipal Code (65 ILCS 5/8- 9-1 et seq.). 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 Incident Commander 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 its Fire Chief or his/her designee: provided, however, that the Aiding Unit that intends to withdraw aid shall notify the Incident Commander of the Stricken Unit of the withdrawal and the extent of the withdrawal of aid. SECTION VIII FINANCES A. Personnel and equipment provided pursuant to this Agreement under emergency conditions as defined herein shall be provided at no charge to the Stricken Unit, except as set forth herein or in the policies and procedures. B. Reimbursement of unusual and burdensome costs may be set forth in the policies and procedures as adopted and amended from time to time. C. Annually, the Executive Committee shall assess the additional equipment and financial needs of the program. The governing authority of each Unit has the right to reject any assessment or financial charge before that Unit becomes financially obligated to any further cost or expense whatsoever under this program and Agreement. The failure of any Unit to pay its assessment(s) by the specified deadline shall remove the obligation of the Association to supply equipment, vehicles, and/or services provided by the Association until the assessment(s) due are paid. A member Unit that does not participate in any team requiring assessment shall execute its withdrawal from the Association upon written notification from the Association. SECTION IX INSURANCE A. Each Unit participating under the terms of this Agreement shall procure and maintain, at its sole and exclusive expense, insurance coverage 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. 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. The Executive Committee shall require each member Unit to provide insurance certificates to the Chairperson identifying the Unit's coverage. Such certificate shall provide that thirty (30) days prior to expiration or cancellation of the required insurance, notice shall be sent certified mail to the Chairperson of the Executive Committee. Failure of a member Unit to provide insurance coverage and/or certificate of insurance by the specified deadline shall remove the obligation of the Association to supply equipment, vehicles, and/or services provided by the Association until the required insurance certificate(s) are provided. SECTION X INDEMNIFICATION A. Each Unit agrees to waive all claims against all other Units 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 or willful misconduct by a Unit or its personnel. B. Each Unit requesting or providing aid pursuant to this Agreement hereby expressly agrees to hold harmless, indemnify, and defend the Unit rendering aid and its personnel from any and all claims, demands, liability, losses, suits in law, or in equity which are made by a third party. This indemnity shall include attorney's fees and costs that may arise from providing aid pursuant to this Agreement. All employee benefits, wage and disability payments, pensions, workers' compensation claims, damage to or destruction of equipment and clothing, and medical expenses of the Unit rendering aid shall be the sole and exclusive responsibility of the respective Unit, provided, however, that claims made by a third party are not caused by gross negligence or willful misconduct on the part of the Unit rendering aid. C. Each Unit, 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, wage and disability payments, pensions, workers' compensation claims, medical and hospitalization claims of its employees and agents, and for its own property loss. D. Each Unit agrees to raise before any court all civil immunity provided pursuant to 745 ILCS 10/1 et seq. as affirmative defenses in any litigation brought by anyone whereby, as a result, any Unit to this Agreement is a defendant. SECTION XI NON -LIABILITY FOR FAILURE TO RENDER AID No Unit, nor its agents or personnel, shall be liable to any other Unit, whether expressly or impliedly, 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 pursuant to this Agreement. SECTION XII TERM This Agreement shall be in effect for a term of one year from the date of signature hereof and shall automatically renew for successive one-year terms unless terminated in accordance with this Section. Any Unit may withdraw from this Agreement at any time, by giving written notice to the Executive Committee Chairperson of the Association specifying the date of termination. The written notice provided herein shall be given by certified mail, 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. Any unilateral withdrawal shall result in forfeiture of all sums of money or property of any kind contributed by the withdrawing member. SECTION XIII EFFECTIVE DATE OF THIS AGREEMENT Each Unit shall file a copy of its certified executed ordinance or resolution entering into this agreement with the Association's Chairperson, once elected, or with the President of MABAS Division I, if filed prior to this Association's first elections. This Association shall become an operational entity and hold elections for the Executive Board on the second Wednesday of the first odd month that has thirteen (13) Units as signatories hereto. Said elections shall occur at the conclusion of the regularly scheduled MABAS Division I meeting scheduled for that month. A quorum of Fire Chiefs from Units signatory hereto must be present for the election to occur. All future elections shall be conducted in accordance with the Association's adopted by-laws. SECTION XIV BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of any successor entity which may assume the obligations of a Unit. However, this Agreement may not be assigned by any Unit without the prior written consent of the Association, and this Agreement may not be assigned by the Association without the prior written consent of all Units. 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 personally, by registered mail, or by certified mail, to the Fire Chief of each District or Municipality which is a signatory hereto, unless otherwise provided for in this Agreement. SECTION XVII GOVERNING LAW This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of Illinois. SECTION XVIII AMENDMENTS This Agreement may be amended only by the written consent of two-thirds of the Units provided, however, that this Section has no application to the amendment of mutual aid policies and procedures which may be made, and amended from time to time by the Association as provided in this Agreement and otherwise. SECTION XIX 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 Units whose names are subscribed below or on the signature pages as attached hereto from time to time, and which pages are specifically incorporated herein. Dated this 3rd day of December 2001 Craig B. Johnson Mayor Attest: Ann I. Walsh Clerk TCA4651 Septanb" 17, 1999 BY-LAWS MABAS DIVISION I SPECIALIZED RESPONSE TEAM ASSOCIATION ARTICLE I PURPOSE The MABAS DIVISION I SPECIALIZED RESPONSE TEAM ASSOCIATION, hereinafter referred to as the ASSOCIATION, is a co-operative venture voluntarily established by its members pursuant to the Constitution of the State of Illinois, 1970, Article VII, Section 10, and pursuant to the Intergovernmental Cooperation Act (5 ICLS 222/1 et.seq.) for the purpose of providing specialized response services between members in certain situations where such aid is necessary and desirable to best serve the interest of the Fire Departments in preserving life, property, health, safety, and welfare of the public; to provide such on a contract basis to other governmental and non-governmental units; and to provide a forum for the discussion of matters of mutual concern and to provide a channel for concerted action by the Fire Chiefs in their continuing effort to improve the efficiency and status of the fire service in Cook, DuPage, and Lake Counties, Illinois. ARTICLE 11 POWERS The Association shall have the following powers in its name: A. To enter into contracts in its own name, including contracts for the performance of services to other governmental units and non-governmental units; B. To employ agents and employees; C. To acquire, lease, rent, hold, and dispose of property, both real and personal; D. To incur debts, liabilities, or obligations necessary for the accomplishments of its purpose; E. To purchase, rent, or lease necessary equipment and machinery; F. To form committees and sub -committees; G. To exercise all powers necessary and incidental to carrying out the purposes set forth in Article I of these by-laws, including investing Association funds. ARTICLE 111 Association members are those public, private, or military fire departments, units of Cook, DuPage, and Lake Counties, and federal government that have adopted by ordinance or resolution the terms of the MABAS Division I Specialized Response Team intergovernmental agreement, represented by the Fire Chief or his/her designee. Associate (or contract) membership may be authorized through appropriate contract for corporate fire departments in Cook, DuPage, and Lake Counties that are recognized by the Illinois Office of the State Fire Marshal. Corporate members will be required to pay assessments equal to full members for the various teams they participate. ARTICLE IV EXECUTIVE COMMITTEE The Executive Committee is the governing body of the Association, comprised of the Fire Chiefs (or other representatives designated by the member unit of government), of each member unit of local, state, federal, or corporate fire department. A. Purpose: 1. The Executive Committee shall determine the general policy of the Association, and shall have responsibility for hiring of employees and auditors; approval of amendments of the by-laws; approval of the acceptance of new members; approval of contracting and purchasing procedures; and the approval of the annual budget of the Association. B. Organization: 1. Each member unit of government shall be entitled to one seat on the Executive Committee and hence shall be entitled to one vote thereon. a. Such vote may be cast only by the Fire Chief (or other representative designated by the member unit of government) in physical attendance; b. In case of a tie vote, the Chairperson of the Executive Board shall cast a second and deciding vote. 2. Regular meetings of the Executive Committee shall be held every other month in a place mutually agreed upon by the Executive Committee or as set by the Chairperson. 3. A special meeting of the Executive Committee may be called by the Chairperson of the Executive Committee, or by any five (5) members of the Executive Committee as follows: 2 a. Two (2) days written notice of the special meetings) shall be given to each Executive Committee member in a form which shall include an agenda specifying the subjects of such special meeting; b. Each member of the Executive Board shall post a copy of the written notice in their respective principal administrative offices of their fire department at least two (2) days before the date of the actual meeting. c. Business conducted at said special meeting(s) shall be limited to those items specked in the agenda. 4. Unless otherwise specified in these by-laws, a quorum for the transaction of all business by the Executive Committee shall consist of a majority of the Executive Committee. 5. To the extent not contrary to these by-laws, Robert's Rules of Order shall govern all meetings of the Executive Committee. ARTICLE V EXECUTIVE BOARD The Executive Board shall be comprised of the Chairperson, Vice Chairperson, Secretary/Treasurer, and Immediate Past Chairperson of the Executive Committee elected every two (2) years. A. Purpose: The daily operations of the Association shall be conducted under the direction and supervision of the Executive Board, subject to the policy limitations established by the Executive Committee from time to time. a. The Executive Board shall be responsible for carrying out the policy decisions made by the Executive Committee. b. Subject to the policies established by the Executive Committee and within the limits fixed by the budget approved by the Executive Committee, the Executive Board shall oversee the conduct of the daily operating affairs of the Association; provided that no obligations exceeding the amount of the approved budget shall be incurred by such Executive Board, without the prior consent of the Executive Committee. c. The Executive Board shall have the right to review all day-to-day administrative decisions concerning personnel, development efforts, operations, budgets, expenditure approval, utilization of personnel and equipment, Committees, Teams, and decisions made by any personnel representing the Association. B. Rules: 1. The Executive Board may establish rules for its own procedures and shall have such express or implied authority as is not inconsistent with or contrary to the Statutes of the State of Illinois, these by-laws, the general rules and by-laws of the MABAS Executive Board, or the MABAS Division I Specialized Response Team Agreement. C. Meetings: 1. Meetings of the Executive Board shall be held as needed. 2. Special meetings of the Executive Board may be called by the Chairperson, or any three (3) Executive Board members acting in concert, provided that notice of such special meeting shall be in writing and signed by the three (3) Executive Board members; shall contain the time, date, and location of such special meeting, and shall be forwarded along with an agenda to each Executive Board member. a. Business conducted at a special meeting(s) shall be limited to items specified on the agenda. b. Two (2) days written notice of the special meeting(s) shall be given to each Executive Board member in a form which shall include an agenda specifying the subjects of such special meeting; c. Each member of the Executive Board shall post a copy of the written notice in their respective principal administrative offices of their fire department at least two (2) days before the date of the actual meeting. 3. Unless otherwise specified in these by-laws, a quorum for the transaction of all business by the Executive Board shall consist of at least three (3) members of the Executive Board. 4. To the extent not contrary to these by-laws, Robert's Rules of Order shall govern all meetings of the Executive Board. D. Duties: 1. The Chairperson shall: a. Conduct meetings of the Executive Board; 4 b. Conduct meetings of the Executive Committee; c. Perform all duties incident to the office of Chairperson and such other duties as may be prescribed by the Executive Committee from time to time provided that such actions are consistent with these by-laws and the MABAS Division I Specialized Response Team Agreement. 2. The Vice Chairperson shall: a. In the absence of the Chairperson, or in case of his/her inability or refusal to act, shall assume the duties and responsibilities of the Chairperson. 3. The Secretary/Treasurer shall: a. Keep the minutes of the meetings; maintain records of such other meetings as the needs of the Association may require; receive and answer communications to the Association; have custody of records and files of the Association; notify each member of meeting locations and times; comply with all provisions of the Open Meetings Act; and shall turn over to his/her successor, at the end of said office, all records of the Association. b. Receive and disperse the funds of the Association; present financial report at all meetings; and tum over to his/her successor, at the end of said office, all financial records of the Association. 4. The Immediate Past Chairperson shall: a. Assist the Chairperson and the Executive Board in assuring the continuity of operation and/or policy. ARTICLE VI ELECTIONS A. Elections: 1. All Executive Board officers shall be elected every other year at the November meeting of the Association. 2. Newly elected officers of the Executive Board shall take office at the end of the November meeting of the Association. B. Procedure: 1. The Fire Chief (or other representative designated by the member unit of government) shall be allowed to cast one (1) vote for each office that is on the ballot. 3 2. The following officers shall be elected by a majority of the Executive Committee member who are present at the November meeting; Chairperson, Vice Chairperson, and Secretary/Treasurer. Proxy voting shall not be allowed. 3. The Nominating Committee shall consist of the two (2) most previous active Chairpersons. The Nominating Committee shall present to the Chairperson their slate of nominees for the Executive Board at the September meeting. 4. Members nominated for each Executive Board office shall be placed on ballots in the following order: Chairperson, Vice Chairperson, and Secretary/Treasurer. ARTICLE VII AMENDMENTS TO THE BY-LAWS These by-laws may be amended by the affirmative vote of a majority of the Executive Committee members. Mail ballots for this vote shall be allowed. Amendments may be proposed at any regular meeting of the Executive Committee, either by recommendation of the Executive Board or by petition of twenty-five (25) percent of the Executive Committee at the time, the petition for amendment is present. Notice shall be sent to all Executive Committee members proceeding the meeting when the amendment in question is to be proposed at least fourteen (14) days in advance. The Executive Committee may vote to change the legal name of the Association. Said action shall be conducted in accordance with the proceeding paragraph. ARTICLE Vlll SPECIALIZED RESPONSE TEAMS The Association supports the following Specialized Response Team(s): A. Hazardous Materials Response Team: 1. The Hazardous Materials Response Team is charged with providing emergency response and mitigation of hazardous materials incidents. B. Technical Rescue Team: The Technical Rescue Team is charged with providing emergency response rescue and recovery of trapped victims, above ground, below ground, and/or in confined spaces, including collapsed structures. C. Dive Team: The Dive Team is charged with providing emergency response rescue and recovery of victims trapped in a water environment. The Association may enter into and/or form any other emergency response team as approved by the Executive Committee. ARTICLE IX OTHER ACTIVITIES The Association supports the following collective activities with the general purpose of the Association: A. Public Education B. Joint Emergency Response Training C. Fire Officer Development D. Joint Purchasing of Fire Department -Related Equipment and Supplies The Association may enter any other activity as approved by the members of the Executive Committee. ARTICLE X INDIVIDUAL TEAM MEMBERSHIPS Member departments have the right to participate in one (1) or more specialized teams or committees of the Association. However, failure to participate in and/or pay assessments to, at least one (1) specialized team or committee shall cause that department to withdraw its membership in the Association and lose all associated rights and privileges. All member departments shall notify the Executive Board, in writing, of all specialized teams and/or committees that their department intends to participate with. In subsequent years, member departments intending to change their status with one (1) or more specialized teams and/or committees shall notify the Executive Board, in writing, a minimum of one (1) fiscal year in advance. Failure of any member department to pay the required assessments for the specialized team(s) and/or committee(s) selected within the first four (4) months of the fiscal year the assessment is due shall be cause for automatic removal of the department from the team and/or committee and shall relieve the Association from any and all obligations, responsibilities, and /or liabilities to provide equipment and/or services by the specialized team(s) and/or committee(s) to that member relating to the unpaid assessment. Only those members in good standing and belonging to the specialized teams and/or committees may vote on matters relating to that membership. ARTICLE XI BUDGETING, ASSESSMENTS, AND EXPENDITURES The fiscal year of the Specialized Response Team Association shall be the same as MABAS Division I as established by the Mutual Aid Box Alarm System Agreement. The Association shall comply with the applicable requirements of 50 ILCS 330 et seq., commonly known as the Illinois Municipal Budget Law. In addition, the Association shall adhere to the regulations and guidelines herein set forth. The Association shall, within or before the first quarter of each fiscal year, adopt a combined annual budget establishing the spending plan for the Association for the upcoming fiscal year. A tentative form of the combined budget shall be prepared by the Executive Board at least 30 days before the beginning of the fiscal year, or the budget's adoption. Said tentative budget shall be available for public inspection and shall be distributed to all member departments at least 30 days prior to a public hearing and formal adoption. Appropriate legal notice shall also be published in a newspaper of general circulation in Cook, DuPage, and Lake Counties. The Executive Board shall annually make recommendations for specialized team/committee dues to fund the annual budget, which dues together with any carry- over surplus from prior years shall comprise the entire budget. Said tentative shall be announced at or before the last meeting of the preceding fiscal year. Approval of the final assessments shall be made by a majority vote of the members present at the last meeting of the preceding fiscal year. Dues for each member shall not exceed $1,500. If dues are to exceed this amount, then the members shall get authority for any such increase by the corporate authorities or the authorities of the necessary governmental and non-governmental units as the case may be. Expenditures by the Association shall be in accordance with and shall not exceed the adopted budget. Teams and/or committees are hereby authorized to expend budgeted and appropriated funds when consistent with the items below. 91 • Competitive quotations shall be obtained for all purchases between $1,000 and $10,000. • Competitive sealed bids shall be required for all purchases in excess of $10,000. In addition, said expenditures shall be approved by a majority vote of the members present at a regular or emergency meeting of the Association. • Expenditures in excess of $25,000 shall require a 2/3 -majority vote of all members of the Association. If necessary, a mail ballot can be used for these expenditures. • Nothing in this section shall limit the Executive Board from approving emergency expenditures for repairs to vehicles and/or equipment, when required for safe and continued operations. The Association shall comply with the appropriate sections) of 50 ILCS 310 et seq., commonly known as the Governmental Account Audit Act. • The Association shall cause an audit of all accounts of the Association to be made annually by a licensed public accountant. Said audit shall be made annually and cover the preceding fiscal year. Said audit shall be completed Within six (6) months of the close of the fiscal year. • The final audit report shall be examined and accepted by the Executive Committee. In addition, copies of the audit report shall be made available to each member. • The Executive Board shall see that all required audit, financial, and treasurer's reports are filed and/or published. Adopted: September 12, 2001 Amended E