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What is NYC RCNY § 16-02?

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(a) Notification. i.

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Effective: 7/18/2024

§ 16-02 Donation Process.

RCNY § 16-02

(a)Notification. i. The Department will notify the public of its intent to donate Surplus Equipment through: 1. the Public Surplus online platform; 2. the existing network of Salvage Offices across the City; 3. the DCAS Connect Surplus webpage; and 4. The City Record. ii. The notification will include a description of the Surplus Equipment and the total shipping and handling fees, if any.

(b)Specific Plan. i. Eligible Organizations must submit to the Department a specific plan for the Beneficial Use of Surplus Equipment within fourteen (14) days of the Department notification described in subdivision (a) of this section. Eligible Organizations must use the form provided by the Department for the specific plan. ii. Eligible Organizations must submit the specific plan to the Department by email to [email protected]. General inquiries may also be sent to that email address. iii. The specific plan must include, but need not be limited to: 1. A description of the organization, including: A. Whether the organization is a public school or public library; B. Whether the organization is a public or private educational institution other than a public school or public library; C. Whether the organization is a not-for-profit institution serving persons with disabilities, senior citizens, or low-income individuals; D. The type of community the organization serves; E. An estimate of the number of people the organization serves yearly; F. The location(s) which will utilize the Surplus Equipment; G. All locations operated by the organization; and H. The number of staff at the location to be served.

2.A description of the Surplus Equipment requested by the Eligible Organization.

3.The intended use of the Surplus Equipment, including: A. The primary purpose of the Surplus Equipment; and B. When, where and how the Surplus Equipment will be used.

4.A written statement indicating why the donation of equipment to the organization will facilitate the organization’s services to the public for low or no cost.

5.Whether the Eligible Organization has previously received Surplus Equipment donations. A. If the Eligible Organization has previously received Surplus Equipment by donation, it must: a. Specify the equipment that was donated to the organization; b. Provide the date the organization received the donation; and c. Provide a written description regarding the past utilization of the Surplus Equipment.

6.Any other information which the Eligible Organization deems relevant to its plan submission.

(c)Order of Priority. i. If only one Eligible Organization submits a specific plan for the Beneficial Use of Surplus Equipment, such Eligible Organization will receive the Surplus Equipment if it has demonstrated that it intends to use such equipment for a predominantly public purpose in which any private benefit is merely incidental. In determining whether the use will be for a predominantly public purpose, the Department will review factors including, but not limited to: 1. The primary users of the Surplus Equipment; 2. The primary use of the Surplus Equipment; 3. Whether the Surplus Equipment will go to programs affected by budget cuts; 4. Whether the Surplus Equipment will go to organizations with limited resources; and 5. Whether the Surplus Equipment will be used for educational purposes. ii. If multiple Eligible Organizations submit a specific plan for the Beneficial Use of Surplus Equipment, the Department will take into consideration the following factors in determining priority: 1. Whether the Beneficial Use of such equipment facilitates services to the public for low or no cost; 2. Whether the Beneficial Use of such equipment will serve communities that are under-serviced or have difficulty receiving services; 3. In the event that an Eligible Organization has previously received a donation of Surplus Equipment, whether such organization has utilized such equipment to fulfill the Beneficial Use for which it was donated; 4. Whether an Eligible Organization has a greater need for a donation of Surplus Equipment due to its limited size as compared to other Eligible Organizations; and 5. Any other factor that the Department deems relevant. iii. The order of priority for which Eligible Organizations receive the Surplus Equipment will be determined as follows: 1. Public schools and libraries will receive first priority. If more than one public school and/or public library submits a specific plan, the Department will review the details provided in the specific plans and determine priority in accordance with the factors stated in 55 RCNY § 16-02(c)(ii). The Department will retain a record of how it reached the determination for a minimum of six years after the determination has been made.

(d)Cost. The Department will donate Surplus Equipment to Eligible Organizations for Beneficial Use at no cost except for any reasonable shipping and handling fees. Eligible Organizations are responsible for transporting the Surplus Equipment from the Department or agencies.

(e)Compliance. i. The donation of any Surplus Equipment must comply with § 10-504 of the Administrative Code of the City of New York. ii. The Department will notify New York City agencies of the requirements under this rule and will require a Certification of Compliance from any donating agency. Donating agencies must complete the Certification of Compliance provided by the Department. iii. Agencies must confirm that the Surplus Equipment they seek to donate is in a condition suitable for donation and state in its Certification of Compliance whether the Surplus Equipment is fully functioning or if it is in need of repair or restoration. If repair or restoration is needed, agencies must state what component(s) requires repair or restoration. iv. Computers missing one or more of the following components are ineligible for donation under this rule: 1. Central Processing Unit (CPU); 2. Motherboard; 3. RAM; 4. Hard drive or other storage device; 5. Video or sound card; or 6. Computer case (where applicable). (Added City Record 6/18/2024, eff. 7/18/2024)

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