Has anyone else received a proposal from Walmart to set up testing sites and perform the testing if the cities (or state) will provide indemnification for the testing site and 24-hour security at no-charge, among a few other requirements? Thanks. Jean Ann Hudson | Deputy City Attorney City of Tulsa Legal Department 175 E. 2nd Street, Suite 685. Tulsa, OK 74103 T: 918-596-7717 F: 918-596-9700 E: jhudson@cityoftulsa.org<mailto:jhudson@cityoftulsa.org> www.cityoftulsa.org<http://www.cityoftulsa.org/> NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication (including any attachments) is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Jackson, Robin Jones Sent: Friday, April 10, 2020 8:55 AM To: Mary Beth Coburn <MaryBeth.Coburn@bbklaw.com>; 'Stephanie Harris' <sharris@paristexas.gov>; Suzanne West <swest@cityofdelrio.com>; disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] Resale of COVID-19 test kits 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@01D60F26.D08F3B70] City of Miami Office of the City Attorney Telephone: 305-416-1853 Facsimile: 305-416-1801 rjonesjackson@miamigov.com<mailto:rjonesjackson@miamigov.com> Assistant: Deborah Bailey 305-416-1827 Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. 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Please consider the environment before printing this e-mail.[cid:image002.gif@01D60F26.D08F3B70] From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto: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<mailto:sharris@paristexas.gov>>; Suzanne West <swest@cityofdelrio.com<mailto:swest@cityofdelrio.com>>; disasterrelief@lists.imla.org<mailto: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://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.com%2Fv3%2F__http%3A%2Fwww.bbklaw.com%2F__%3B!!Ei5NnPD8gA!yhueGSOS-OcUEAOuQZc_vCv6X5hNqEOqb2xhDisDrssadIpnb8UwNFjQZCLUvwIOrQic%24&data=02%7C01%7CJHudson%40cityoftulsa.org%7C8f39105686d64c584eed08d7dd573ac9%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C0%7C637221239035287302&sdata=x1evRDNh1ZC3vrCRHjgc%2BMRArMAOptR4X82jmpElUyE%3D&reserved=0> Mary Beth Coburn, P.E. <https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.com%2Fv3%2F__https%3A%2Fwww.bbklaw.com%2Four-team%2Fmary-beth-coburn__%3B!!Ei5NnPD8gA!yhueGSOS-OcUEAOuQZc_vCv6X5hNqEOqb2xhDisDrssadIpnb8UwNFjQZCLUv5hslaGw%24&data=02%7C01%7CJHudson%40cityoftulsa.org%7C8f39105686d64c584eed08d7dd573ac9%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C0%7C637221239035287302&sdata=bH3r%2F%2FTnBeuLoMJFurBRAjA5x%2Bhm39tvBTHTzV2IeLk%3D&reserved=0> Partner marybeth.coburn@bbklaw.com<mailto:marybeth.coburn@bbklaw.com> T: (619) 525-1369 C: (619) 517-0013 www.BBKlaw.com <https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.com%2Fv3%2F__http%3A%2Fwww.BBKlaw.com__%3B!!Ei5NnPD8gA!yhueGSOS-OcUEAOuQZc_vCv6X5hNqEOqb2xhDisDrssadIpnb8UwNFjQZCLUv7B7lGLd%24&data=02%7C01%7CJHudson%40cityoftulsa.org%7C8f39105686d64c584eed08d7dd573ac9%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C0%7C637221239035297260&sdata=%2BgGdoydlnoSBb0ayTIyqZeG3qB%2B5yMfuWzUQ5oxAvCo%3D&reserved=0> [http://clients.bbklaw.net/images/logos/LinkedIn-rescaled.jpg] <https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.com%2Fv3%2F__https%3A%2Fwww.linkedin.com%2Fcompany%2Fbestbestkrieger%2F__%3B!!Ei5NnPD8gA!yhueGSOS-OcUEAOuQZc_vCv6X5hNqEOqb2xhDisDrssadIpnb8UwNFjQZCLUv0ii0a1j%24&data=02%7C01%7CJHudson%40cityoftulsa.org%7C8f39105686d64c584eed08d7dd573ac9%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C0%7C637221239035297260&sdata=jWvokNL%2FrBqwm1WrKfd5prJYIjwknPWE0I2NIS10rqo%3D&reserved=0> [http://clients.bbklaw.net/images/logos/Twitter_logo_white.jpg] <https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.com%2Fv3%2F__https%3A%2Ftwitter.com%2FBBKlaw__%3B!!Ei5NnPD8gA!yhueGSOS-OcUEAOuQZc_vCv6X5hNqEOqb2xhDisDrssadIpnb8UwNFjQZCLUv2sZJnKx%24&data=02%7C01%7CJHudson%40cityoftulsa.org%7C8f39105686d64c584eed08d7dd573ac9%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C0%7C637221239035307214&sdata=9k2mI6uQ8bsnwVnNZ4Q9RLOIvL9YIeEuKL4XkMhDpoc%3D&reserved=0> 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<mailto: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<mailto:swest@cityofdelrio.com>> Sent: Thursday, April 9, 2020 1:51 PM To: Stephanie Harris <sharris@paristexas.gov<mailto:sharris@paristexas.gov>>; disasterrelief@lists.imla.org<mailto: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.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Stephanie Harris Sent: Thursday, April 9, 2020 10:46 AM To: disasterrelief@lists.imla.org<mailto: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.org<mailto: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.gov<mailto: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.