And to be clear, I don't mean selling to individuals, but perhaps to another local government.

From: Stephanie Harris
Sent: Thursday, April 9, 2020 10:43 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Resale of COVID-19 test kits
Importance: High

Our city is considering buying test kits and testing all first responders, health care providers, people currently quarantined who haven't been tested, then possibly offering mass testing to the public.  We have a source, but the smallest lot we can buy is 20,000 kits, which is a gosh awful amount of money.  My question is this:  should we find that we don't need 20,000 kits (and I think this is probably likely), is there any impediment to our re-selling the test kits, either from a general municipal law perspective or some sort of federal or state prohibition against reselling medical goods when we aren't an authorized agent for sale?

I'm on a very short fuse here.

Thanks in advance.

Stephanie H. Harris
City Attorney
City of Paris, Texas
135 1st St. SE
Paris, Texas 75460
(903) 784-9258
sharris@paristexas.govmailto:sharris@paristexas.gov

This may be an automatic non-starter, but the idea's been floated in our
County of delaying the implementation of Union contracts.  Many of our
Unions re-new year to year, and we just finished negotiations when COVID-19
hit.  Any delay would help.  Seems wrong that we'd have to give pay raises
to some and then have furlough days or even lay offs.

I'm thinking we'd need agreement with the Unions for this rather than
executive order.

Anyone else considering this kind of move?

I think that will depend upon the statutory language authorizing the state of emergency declaration. In Kentucky, KRS 39a.100 provides Mayors basic authority to respond to the emergency but we have a second statute KRS 39b.070 that is quite expansive. Under either of those statutes, one could argue that a Mayor has very broad authority in contracting, personnel, and general management. We don’t encourage our cities to exercise that authority unless absolutely necessary.

Morgain M. Patterson
Director of Municipal Law
Kentucky League of Cities

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Genevieve Marshall
Sent: Thursday, April 9, 2020 12:52 PM
To: Stephanie Harris sharris@paristexas.gov
Cc: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Delaying Union contracts?

This may be an automatic non-starter, but the idea's been floated in our County of delaying the implementation of Union contracts.  Many of our Unions re-new year to year, and we just finished negotiations when COVID-19 hit.  Any delay would help.  Seems wrong that we'd have to give pay raises to some and then have furlough days or even lay offs.

I'm thinking we'd need agreement with the Unions for this rather than executive order.

Anyone else considering this kind of move?

Wouldn't you be able to sell /share with other government entities pursuant to an ILA?  Just did a quick look at the TML website, and we have had this come up with even sharing wipes, etc.  But I would argue you could share supplies the same as you could share equipment, and agree to a reimbursement process?

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Stephanie Harris
Sent: Thursday, April 9, 2020 10:46 AM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] FW: Resale of COVID-19 test kits
Importance: High

And to be clear, I don't mean selling to individuals, but perhaps to another local government.

From: Stephanie Harris
Sent: Thursday, April 9, 2020 10:43 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Resale of COVID-19 test kits
Importance: High

Our city is considering buying test kits and testing all first responders, health care providers, people currently quarantined who haven't been tested, then possibly offering mass testing to the public.  We have a source, but the smallest lot we can buy is 20,000 kits, which is a gosh awful amount of money.  My question is this:  should we find that we don't need 20,000 kits (and I think this is probably likely), is there any impediment to our re-selling the test kits, either from a general municipal law perspective or some sort of federal or state prohibition against reselling medical goods when we aren't an authorized agent for sale?

I'm on a very short fuse here.

Thanks in advance.

Stephanie H. Harris
City Attorney
City of Paris, Texas
135 1st St. SE
Paris, Texas 75460
(903) 784-9258
sharris@paristexas.govmailto:sharris@paristexas.gov

That makes sense to me.  But it might come up as to whether we could sell them to private parties, which makes me nervous, but I can't quite put my finger on why.

From: Suzanne West swest@cityofdelrio.com
Sent: Thursday, April 9, 2020 1:51 PM
To: Stephanie Harris sharris@paristexas.gov; disasterrelief@lists.imla.org
Subject: RE: Resale of COVID-19 test kits

Wouldn't you be able to sell /share with other government entities pursuant to an ILA?  Just did a quick look at the TML website, and we have had this come up with even sharing wipes, etc.  But I would argue you could share supplies the same as you could share equipment, and agree to a reimbursement process?

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Stephanie Harris
Sent: Thursday, April 9, 2020 10:46 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] FW: Resale of COVID-19 test kits
Importance: High

And to be clear, I don't mean selling to individuals, but perhaps to another local government.

From: Stephanie Harris
Sent: Thursday, April 9, 2020 10:43 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Resale of COVID-19 test kits
Importance: High

Our city is considering buying test kits and testing all first responders, health care providers, people currently quarantined who haven't been tested, then possibly offering mass testing to the public.  We have a source, but the smallest lot we can buy is 20,000 kits, which is a gosh awful amount of money.  My question is this:  should we find that we don't need 20,000 kits (and I think this is probably likely), is there any impediment to our re-selling the test kits, either from a general municipal law perspective or some sort of federal or state prohibition against reselling medical goods when we aren't an authorized agent for sale?

I'm on a very short fuse here.

Thanks in advance.

Stephanie H. Harris
City Attorney
City of Paris, Texas
135 1st St. SE
Paris, Texas 75460
(903) 784-9258
sharris@paristexas.govmailto:sharris@paristexas.gov

To follow Suzanne's train of thought, could you purchase them, seek FEMA reimbursement for the entire  amount and then give them other agencies? Would the donation component address any re-sale concerns?

We have a similar question pending regarding masks. A municipal client had a large quantity N-95 masks stockpiled prior to the disaster. They have donated 2000 to a local non-profit hospital.  Could this be eligible for FEMA reimbursement even though the masks weren't purchased specifically for the declared event?

[http://clients.bbklaw.net/images/logos/bbklogohires.jpg]http://www.bbklaw.com/

Mary Beth Coburn, P.E. https://www.bbklaw.com/our-team/mary-beth-coburn

Partner

marybeth.coburn@bbklaw.com

T: (619) 525-1369  C: (619) 517-0013

www.BBKlaw.com  http://www.BBKlaw.com [http://clients.bbklaw.net/images/logos/LinkedIn-rescaled.jpg] https://www.linkedin.com/company/bestbestkrieger/  [http://clients.bbklaw.net/images/logos/Twitter_logo_white.jpg]  https://twitter.com/BBKlaw

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Stephanie Harris
Sent: Thursday, April 09, 2020 12:08 PM
To: Suzanne West; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Resale of COVID-19 test kits

CAUTION - EXTERNAL SENDER.

That makes sense to me.  But it might come up as to whether we could sell them to private parties, which makes me nervous, but I can't quite put my finger on why.

From: Suzanne West swest@cityofdelrio.com
Sent: Thursday, April 9, 2020 1:51 PM
To: Stephanie Harris sharris@paristexas.gov; disasterrelief@lists.imla.org
Subject: RE: Resale of COVID-19 test kits

Wouldn't you be able to sell /share with other government entities pursuant to an ILA?  Just did a quick look at the TML website, and we have had this come up with even sharing wipes, etc.  But I would argue you could share supplies the same as you could share equipment, and agree to a reimbursement process?

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Stephanie Harris
Sent: Thursday, April 9, 2020 10:46 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] FW: Resale of COVID-19 test kits
Importance: High

And to be clear, I don't mean selling to individuals, but perhaps to another local government.

From: Stephanie Harris
Sent: Thursday, April 9, 2020 10:43 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Resale of COVID-19 test kits
Importance: High

Our city is considering buying test kits and testing all first responders, health care providers, people currently quarantined who haven't been tested, then possibly offering mass testing to the public.  We have a source, but the smallest lot we can buy is 20,000 kits, which is a gosh awful amount of money.  My question is this:  should we find that we don't need 20,000 kits (and I think this is probably likely), is there any impediment to our re-selling the test kits, either from a general municipal law perspective or some sort of federal or state prohibition against reselling medical goods when we aren't an authorized agent for sale?

I'm on a very short fuse here.

Thanks in advance.

Stephanie H. Harris
City Attorney
City of Paris, Texas
135 1st St. SE
Paris, Texas 75460
(903) 784-9258
sharris@paristexas.govmailto:sharris@paristexas.gov

This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.

Yes, we are dealing with this in Portland as well. We don't have year-to-year CBAs, but just TA'd three agreements. The unions quickly ratified them once COVID-19 hit and now our Council will need to decide whether to ratify them. We are also meeting with the other unions to discuss options other than layoffs.

Happy to talk more offline if you'd like.

Thanks -

Heidi

(sent from OWA)
HEIDI K. BROWN | Chief Dep. City Attorney (She/Her)
PORTLAND OFFICE OF THE CITY ATTORNEY
1221 SW Fourth Avenue, Room 430
Portland, OR 97204
Voice: 503-823-3038 | Fax: 503-823-3089
heidi.brown@portlandoregon.govmailto:heidi.brown@portlandoregon.gov

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From: Disasterrelief disasterrelief-bounces@lists.imla.org on behalf of Genevieve Marshall lwmars99@aacounty.org
Sent: Thursday, April 9, 2020 9:52 AM
To: Stephanie Harris sharris@paristexas.gov
Cc: disasterrelief@lists.imla.org disasterrelief@lists.imla.org
Subject: [Disasterrelief] Delaying Union contracts?

This may be an automatic non-starter, but the idea's been floated in our County of delaying the implementation of Union contracts.  Many of our Unions re-new year to year, and we just finished negotiations when COVID-19 hit.  Any delay would help.  Seems wrong that we'd have to give pay raises to some and then have furlough days or even lay offs.

I'm thinking we'd need agreement with the Unions for this rather than executive order.

Anyone else considering this kind of move?

Seems you could ask FEMA for a ruling given that these are extraordinary circumstances and difficult times where sharing of resources is in the paramount public good. A great set of findings and recommendations can be made for significant public benefit.

Robin Jones Jackson, Division Chief of Transactions
[cid:image001.png@01D60F1E.1DB58840]
City of Miami Office of the City
Attorney
Telephone:  305-416-1853
Facsimile:  305-416-1801
rjonesjackson@miamigov.commailto:rjonesjackson@miamigov.com

Assistant:  Deborah Bailey 305-416-1827

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From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Mary Beth Coburn
Sent: Thursday, April 9, 2020 6:12 PM
To: 'Stephanie Harris' sharris@paristexas.gov; Suzanne West swest@cityofdelrio.com; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Resale of COVID-19 test kits

CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe.
To follow Suzanne’s train of thought, could you purchase them, seek FEMA reimbursement for the entire  amount and then give them other agencies? Would the donation component address any re-sale concerns?

We have a similar question pending regarding masks. A municipal client had a large quantity N-95 masks stockpiled prior to the disaster. They have donated 2000 to a local non-profit hospital.  Could this be eligible for FEMA reimbursement even though the masks weren’t purchased specifically for the declared event?

[http://clients.bbklaw.net/images/logos/bbklogohires.jpg]https://urldefense.com/v3/__http:/www.bbklaw.com/__;!!Ei5NnPD8gA!yhueGSOS-OcUEAOuQZc_vCv6X5hNqEOqb2xhDisDrssadIpnb8UwNFjQZCLUvwIOrQic$

Mary Beth Coburn, P.E. https://urldefense.com/v3/__https:/www.bbklaw.com/our-team/mary-beth-coburn__;!!Ei5NnPD8gA!yhueGSOS-OcUEAOuQZc_vCv6X5hNqEOqb2xhDisDrssadIpnb8UwNFjQZCLUv5hslaGw$
Partner
marybeth.coburn@bbklaw.commailto:marybeth.coburn@bbklaw.com
T: (619) 525-1369  C: (619) 517-0013
www.BBKlaw.com  https://urldefense.com/v3/__http:/www.BBKlaw.com__;!!Ei5NnPD8gA!yhueGSOS-OcUEAOuQZc_vCv6X5hNqEOqb2xhDisDrssadIpnb8UwNFjQZCLUv7B7lGLd$ [http://clients.bbklaw.net/images/logos/LinkedIn-rescaled.jpg] https://urldefense.com/v3/__https:/www.linkedin.com/company/bestbestkrieger/__;!!Ei5NnPD8gA!yhueGSOS-OcUEAOuQZc_vCv6X5hNqEOqb2xhDisDrssadIpnb8UwNFjQZCLUv0ii0a1j$  [http://clients.bbklaw.net/images/logos/Twitter_logo_white.jpg]  https://urldefense.com/v3/__https:/twitter.com/BBKlaw__;!!Ei5NnPD8gA!yhueGSOS-OcUEAOuQZc_vCv6X5hNqEOqb2xhDisDrssadIpnb8UwNFjQZCLUv2sZJnKx$

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Stephanie Harris
Sent: Thursday, April 09, 2020 12:08 PM
To: Suzanne West; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Resale of COVID-19 test kits

CAUTION - EXTERNAL SENDER.

That makes sense to me.  But it might come up as to whether we could sell them to private parties, which makes me nervous, but I can’t quite put my finger on why.

From: Suzanne West <swest@cityofdelrio.commailto:swest@cityofdelrio.com>
Sent: Thursday, April 9, 2020 1:51 PM
To: Stephanie Harris <sharris@paristexas.govmailto:sharris@paristexas.gov>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: RE: Resale of COVID-19 test kits

Wouldn’t you be able to sell /share with other government entities pursuant to an ILA?  Just did a quick look at the TML website, and we have had this come up with even sharing wipes, etc.  But I would argue you could share supplies the same as you could share equipment, and agree to a reimbursement process?

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Stephanie Harris
Sent: Thursday, April 9, 2020 10:46 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] FW: Resale of COVID-19 test kits
Importance: High

And to be clear, I don’t mean selling to individuals, but perhaps to another local government.

From: Stephanie Harris
Sent: Thursday, April 9, 2020 10:43 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Resale of COVID-19 test kits
Importance: High

Our city is considering buying test kits and testing all first responders, health care providers, people currently quarantined who haven’t been tested, then possibly offering mass testing to the public.  We have a source, but the smallest lot we can buy is 20,000 kits, which is a gosh awful amount of money.  My question is this:  should we find that we don’t need 20,000 kits (and I think this is probably likely), is there any impediment to our re-selling the test kits, either from a general municipal law perspective or some sort of federal or state prohibition against reselling medical goods when we aren’t an authorized agent for sale?

I’m on a very short fuse here.

Thanks in advance.

Stephanie H. Harris
City Attorney
City of Paris, Texas
135 1st St. SE
Paris, Texas 75460
(903) 784-9258
sharris@paristexas.govmailto:sharris@paristexas.gov

This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.