Travis County Commssioners Court
June 22, 2004
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Item 24
Let me call up item no. 24 since it's a purchasing item. 24. Approve contract no. Ps040197re with Texas migrant council to provide child care services. (hhs & vs]
>> biggest question is, a, is this ready to go? Because this one has rolled over.
>> yes.
>> it is.
>> okay.
>> and I will tell what you my question is, that is that a number of the providers that are -- that get their money through the Texas migrant council are irritated to no end that their bills have been land wishing. It's not a question -- languishing, not a question of whether Travis County has made its pail, but the migrant council. A lot of these small daycare providers it is created unbelievable hardship. The Texas migrant council is paid to be the administrator here one would question whether they are indeed doing their job, earning their keep. How do we ensure those bills that have been piled up, some since January and February, appropriately get paid. How do we get them to do what they are supposed to do in our behalf?
>> I understand there is a clause in the contract that requires the contractor to pay their people within five days of when we have paid them. We can enforce that if we know bit. I have known about this issue for just several days. So purchasing didn't know about this. We can help the contractors any time they come forward. The subcontractors in this case, if they will just come forward, let us know, then we can start enforcing the provisions in the contract.
>> are we dependent, though, frank on the migrant council appropriately presenting a bill to us? That we then pay? That's the problem here.
>> yeah.
>> the bills are going to the migrant council --
>> they are supposed to pay their subs within five days of being paid by us. Well, they aren't paid boy us until they submit a completed correct invoice.
>> right.
>> so if they aren't doing that, then -- then they may or may not have breached that particular provision of the contract by not having --
>> so how do we ensure -- from what I understand that is what's happening. The bills are being turned into Texas migrant council and they are not turning them in appropriately, timely to us, so that we can then turn around and pay the bill so everybody gets paid appropriately. What in this contract, if anything, can enforce the Texas migrant council to turn over appropriately the -- the -- the billings that they are getting so that we can do our job? Because it looks like we are being the mean spirited ones here and it's anything but that.
>> uh-huh.
>> I think this is part of the problem that you have when you put someone between us and our providers is that that person may or may not -- I haven't had -- again, I only found out about this a little while ago, too. I think there's going to be some checking done. I talked to sherri this morning that she was going to get with Texas migrant council. Someone thought they might not have understood the holdover provision and might for the have thought that they could invoice us and that's why they hadn't is that they thought there was some kind of you keep providing the sevens but you don't get paid. Which of course the very intent of the holdover was to continue services and continue payment. So if there's a misunderstanding in education of the contractor that needs to be done, I know that's going to be dealt with very quickly. Sherri was going to start working on that. I know we do have some provisions in the contract as far as the contractor is supposed to bill us within 60 days of providing these services. I don't know if we want to go that route because our enforcement there is that we don't have to pay them. Well, that certainly won't accomplish what we want accomplished. So I think we can look at this further. But -- but the primary thing that we have got to do is find out from Texas migrant council why their bills, if they did misunderstand, then to get those bills in now. And then once we have paid them, then we do have a provision in the contract that will allow us -- I don't know how much teeth it has, but it will allow us, there is also the ultimate of breaching the provisions of the contract, can lead to us terminating the contract. We could terminate, we could enter into individual contracts with these providers ourselves, I don't think anybody would want to go that out. I think it would be an option that the contractor needs to understand that if things are not taken care of correctly, that is what they are there for.
>> so who is going to do that explanation? Sherri is taking care of that?
>> when I spoke to her first thing this morning, that's was what we were talking about, I told her I thought this was the major issue that needed to be addressed. She said if that's the case she could get where Texas migrant council and find out. And I’m sure provide the court with a report on that.
>> certainly approving this contract is going to get us one step further --
>> approving the contract really would not have caused this.
>> but if there was any --
>> if they misunderstood the contract terms, but there was nothing on the side of the county or any department in the county that -- that has caused this. To my understanding.
>> frank, could you work with sherri, please, get us a report back, say within the next week, to find out what is the backlog of the billings and just kind of an action plan in terms of how is migrant council going to be working with the county so that the spirit and intent of this contract is indeed enforced. Because those small daycare centers, one month is a hardship. Six months is unacceptable. I think what we want to do is get their attention. Was there a motion the table?
>> just to roll over.
>> I think we want to approve this.
>> we want to approve it?
>> yeah. The contract is ready. There's no reason for the contract not to be approved.
>> second.
>> > moved by Commissioner Gomez, seconded by Commissioner Daugherty and frank is going to follow up along with sherri in terms of where are we in terms of getting rid of the backlog, any further questions? All in favor? That passes unanimously, thank you. Jose, did you have anything to add? Not a problem. Wanted to make sure it was all done.
Last Modified: Wednesday, June 23, 2004 8:44 AM