Some of CR A-650‘s requirements differ for flea markets and City markets that operate 12 or fewer days per year and those that operate more than 12 days per year. The following are some of the key requirements of the regulation that apply to all markets, regardless of their duration:
- The benefits to private entities (including vendors and flea market operators) must be incidental to the benefit received by New York City public school(s).
- A PA/PTA must prepare a concise, written statement describing how the funds raised by means of the flea market will be used and submit it for approval to the Principal(s) of the school(s) that will be hosting the flea market and/or sharing in the proceeds. Upon receipt of the Principal(s) written approval, the PA/PTA must submit the request in writing to the appropriate Superintendent and FACE.
- Principals of schools whose PA/PTAs sponsor a flea market or City market must be included in the PA/PTA’s discussions and agree to the use of monies or royalties derived from the operation the market.
- When a flea market is operated by a private entity, the operation is subject to the execution of a contract which is in conformity with the contract requirements in Section IV of CR A-650 — in the case of a flea market that operates 12 or fewer days per year, the contract must be in substantial conformity with these requirements. The contract requirements in Section IV include, among other things, the operator’s responsibilities such as proper record keeping and the maintenance of sufficient comprehensive liability insurance.
- All money paid to a PA/PTA must be deposited into a bank account maintained by the PTA and separately recorded in the PA/PTA’s cash receipts ledger and identified on its financial statements.
- All money received by the A/PTA must be budgeted and expended in accordance with CR A-660.
- A PA/PTA has the power and the duty to terminate a vendor’s participation in any flea market or City market program, if the PA/PTA determines that the vendor is objectionable because of the behavior or character of the vendor, and/or the nature of the goods and services sold by the vendor.
- A PA/PTA may use the funds raised from a market it conducts for the benefit of other pubic schools under the same jurisdiction. (In the case of a community school district school, for schools within the same CSD; in the case of a high school, for high schools within the same borough; and in the case of a public Citywide Special Education school, for public Citywide Special Education schools in the same borough.)
In addition, all markets must comply with CR D-180, which includes the following pertinent requirements:
- The PA/PTA must secure an Extended Use Permit approved by the Principal and Custodial Entity of the concerned school in order to use the school during extended hours. (The permit process is outlined in the regulation.)
- The PA/PTA or operator must obtain adequate security to ensure the safety of those attending the flea market and the integrity of school property.
- The PA/PTA or operator must maintain and pay all premiums on a Commercial General Liability Insurance Policy with a coverage limit not less than $1,000,000 per occurrence and an excess or umbrella liability policy of not less than $3,000,000 per occurrence. Such policies shall list the DOE and the City of New York, including their respective officials and employees, as additional insureds with coverage at least as broad as provided by Insurance Services Office (ISO) Form CG 20 26.
Below are some of the key requirements that vary depending upon the duration of the market:
- A PA/PTA wishing to operate a a market of any duration must submit a concise written statement, first to the principal and then to the Superintendent and FACE, describing how the funds raised will be used. (Described above.)
- A PA/PTA wishing to operate a market for more than 12 days per year – regardless of whether for a new or renewed contract –must also submit a proposal to FACE describing how the market is in the best interest of the school.
- A PA/PTA operating a market 12 or fewer days per year may use either parent volunteers or a contracted private entity to operate the market. When utilizing a private entity to operate the market, the PA/PTA is not required to issue a competitive solicitation.
- A PA/PTA wishing to operate a flea market more than 12 years per year must engage the services of a flea market operator , and must to do so using a competitive solicitation process. (This competitive solicitation process — Request for Proposal (RFP) process — is outlined in detail in the regulation.)
- Quarterly income and expense reports are not required for flea markets that operate 12 or fewer days. (Although market income and expenses must be reported on the PA/PTA’s interim and annual financial statements.)
- For flea markets operating more than 12 days per year, both the PA/PTA and the operator must submit quarterly income and expense reports in a written format provided by FACE. Revenue and expenditures must be reported on an accrual basis.