Mr. Chrisman asked when the funds for the last two years would be transferred to DARTonce the ILA was signed. Mr. Plesko stated that the money is available now for transfer.Mr. Chrisman inquired as to when the 2012 ILA expires. Mr. Plesko responded that anew ILA was needed quickly because the funding allotted for 2012 will be depletedshortly. Mr. Chrisman expressed his concern over repayment for the services DARTprovides and asked
if
the new ILA will address timely payments. Mr. Plesko stated thatDART has received a letter
of
promise to pay, but some flexibility is needed to get thefunds from different sources. Mr. Chrisman made the point that promise
of
payment isfine but a definite date or time period for repayment would be beneficial. Mr. Pleskoreplied that it is reasonable to include in the ILA payment terms.Ms. Wilkins stated that she agrees with
Mr.
Chrisman's concerns. She asked whose ideait was for DART to be paid in arrears. Mr. Plesko replied that initially
DART
asked to bepaid in advance, but in practicality it
hasn't
been done. Ms. Wilkins asked
if
any penaltywas charged for payment in arrears.
Mr.
Plesko replied no. Ms. Wilkins requested toknow
if
the contract could be made for the remainder
of
2012 with the payment languageor
if
the numbers are set. Mr. Plesko responded that the money cannot be increased. Ms.Wilkins asked
if
carrying money on
DART's
books costs additional money and
if
it isthen that amount should be recovered. She recommended that the item be approved withlanguage included stating interest penalties for behind payments.Mr. Tsao asked
if
the Texas Prompt Payment Act could be included in this ILA. Hecontinued by asking
if
once the funding source is identified
if
this ILA will have to benegotiated every year. Mr. Plesko stated that staff is seeking a multi-year agreement. Mr.David Schulze, Senior Assistant General Counsel, addressed Mr.
Tsao's
second questionby stating that the Texas Prompt Payment Act language could be included in the ILA, butprevious attempts haven't worked because NCTCOG has been reluctant to commitwithout a funding source being identified.Ms. Wilkins asked what conclusion was reached. Chair Carlson stated that
staff
isdirected to change the model being currently used to avoid payments in arrears.Mr. Danish reiterated that clauses allowing late payments should be eliminated from theILA.Mr. Chrisman asked
how
much time would be spent to keep the HOV lanes outside
of
theservice area in operation without payment before DART decides to halt operations fornon-payment. Mr. Gary Thomas, PresidentlExecutive Director replied that staff willbring to the N CTCOG the concerns
of
the Board and decisions will have to be made as tothe next steps.
Mr.
Tsao
made
a motion to
forward the
Agenda
Item
to
the
Committee-of-theWholeInitial Consideration Agenda with
a
recommendation
that
states
that
thePresidentlExecutive Director
or
his designee
is
authorized to execute an InterlocalAgreement (ILA) with the North
Central
Texas Council
of
Government (NCTCOG) forreimbursement
of
expenses incurred in the operation
of
HOV
lanes outside the DART
01.24.2012 Planning Committee Minutes.doc
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2/8/2012;
8:00 A.M.