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Home My WebLink AboutCPUC Last Mile Federal Funding Account Award LetterPage 1 of 6 October 30, 2024 Josh Erquiaga City of San Luis Obispo jerquiag@slocity.org Re: San Luis Obispo Affordable Broadband Network Dear City of San Luis Obispo, Congratulations! The California Public Utilities Commission (Commission) is pleased to inform you that the application submitted by for Last Mile Federal Funding Account (FFA) funding for the "City of San Luis Obispo San Luis Obispo " project and grant request amount of has been approved.Affordable Broadband Network $4,863,799.00 Your application was received on , and posted on the Commission’s Last Mile Federal Funding AccountSeptember 28, 2023 webpage. Staff reviewed the application referenced for compliance with Commission and federal rules, conducted fiscal and technical analysis, and determined your application meets the requirements for a grant under the program. On October 17, , Commissioners considered your application and voted to approve your grant award in Resolution T-.2024 17852 The award is predicated on ’s agreement to construct its project as detailed in its application andCity of San Luis Obispo comply with all guidelines, requirements, terms, and conditions set forth in the approving resolution. In addition, City of San also agreed to comply with all federal and state statutes, rules, and regulations covering broadband services andLuis Obispo state contractual rules and regulations in accordance with Decision 22-04-055, Appendix A: Federal Funding Account A summary of the performance, payment, and reporting requirements are summarized in theProgram Rules and Guidelines. Attachment to this letter. Awardees that are planning to or are required under the terms of the grant to connect to the statewide Middle-Mile Broadband Initiative must contact the California Department of Technology about interconnection and other project specifics at: .mmbi.pmo@state.ca.gov For Commission Staff to begin processing the award, awardees must complete, sign, and submit the following forms: 1. Consent Form and 2. Either: • Government Agency Taxpayer ID Form (for government entities) or • Payee Data Record Form (for non-government entities) Awardees must submit these documents by uploading them to the within 30 days of the dateBroadband Grant Portal of this letter. If these forms are not uploaded within the required timeframe, the award shall be rescinded. Thank you for your application and please direct any questions to . We appreciate yourFederalFundingAccount@cpuc.ca.gov efforts to provide service to our fellow Californians. Page 2 of 6 Sincerely, Maria Isabel Ellis Deputy Director of Broadband Page 3 of 6 ATTACHMENT Summary of Last Mile Federal Funding Account Grant Program Reporting Requirements The award is contingent on the ’s agreement to construct the proposed project as detailed in itsCity of San Luis Obispo application and comply with all guidelines, requirements, terms, and conditions set forth in the approving resolution. The grant award is also contingent upon fulfilling the requirements as specified in Decision (D.) 22-02-055, Appendix A: Federal These requirements include, but are not limited to, execution andFunding Account Program Rules and Guidelines. performance, payment, and reporting requirements. The following summarizes the requirements in D. 22-02-055, Appendix but does not replace them. Awardees must submit all reportingA: Federal Funding Account Program Rules and Guidelines, documents through the Broadband Grant Portal. Execution and Performance City of San Luis Obispo must sign and submit the Consent Form agreeing to the terms of the award within 30 calendar Failure to submit the signed Consent Form within the required timeframe will result in thedays from the date of this letter. Commission deeming the award null and void. City of San Luis Obispo must complete the project within 18- or 24-months, in accordance with the terms of the award. The Awardee must notify the Communications Division of any delays in the project completion or if the awardee is unable to complete the project within the required timeframe. The Commission may reduce or withhold payment, and / or impose penalties for failure to satisfy this requirement. City of San Luis Obispo must communicate in writing to the Communications Division’s Director regarding any changes to the substantive terms and conditions underlying the Commission’s approval of the award (such as changes to a work plan or budget) at least 30 days before the anticipated change. Substantive changes may require approval by either the Communications Division’s Director or by Commission Resolution before becoming effective. Payment and Payment Requests Awardees can request payments as the project is progressively deployed. Requests for payments may be submitted at the following intervals: • 10 percent completion • 35 percent completion • 60 percent completion • 85 percent completion • 100 percent completion Payments are based on submitted receipts, invoices, and other supporting documentation showing expenditures incurred for the project in accordance with the approved budget included in the Awardee’s application. Awardees must submit a project completion report to request final payment. The final 15 percent (from 85 to 100 percent) will not be paid without an approved completion report. Page 4 of 6 Monthly Contractor Reporting California Public Utilities Code section 281(l)(1)(A-C) requires Awardees to report monthly to the Commission the following information throughout the construction phase: • The name and contractor’s license number of each licensed contractor and subcontractor undertaking a contract or1 subcontract in excess of $25,000 to perform work on a project funded or financed pursuant to this section. • The location where a contractor or subcontractor described in subparagraph (A) will be performing that work. • The anticipated dates when that work will be performed. Construction Progress Reports Awardees must submit monthly construction progress reports. Within six weeks of the date on this award letter, Awardees must submit: 1. A showing key permitting and construction milestones.construction schedule 2. A high-level design in an acceptable geographic information system (GIS) format. Each month thereafter the construction progress reports must include: • An updated schedule for the build o Must show permitting and construction start and completion times based on an Awardee-defined segmentation of the build. o Segmentation must be sufficiently sized to show progress and correspond with payment intervals. • Geotagged photos showing key construction progress and completion, • Updated As-Builts, and • Optical time-domain reflectometer (OTDR) reports for construction completed sections. The geotagged photos, along with the As-Builts and OTDR reports, will be used to track completion of the project and verify the construction schedule, construction activities, and to expedite project reimbursement. Details for the GIS deliverable, schedule format, and geotagged photos can be found in the Commission’s .Construction Progress Reports User Guide. As part of the project completion report, Awardees will also be required to provide: • Updated GIS file showing deviations from originally submitted high-level design • As-Built files showing construction prints and work completed • OTDR reports for all fiber terminations 1Licensed contractor or subcontractor means any contractor that holds a Contractor’s License through the Contractors State License Board (https://www.cslb.ca.gov/). Page 5 of 6 Quarterly Reports Awardees must submit quarterly progress reports to the Commission by the due dates shown below. Quarterly Reports must contain the information required in D.22-02-055, Appendix A, Section 14. Reporting Period Project Information Due to CPUC July 1 – September 30, 2024 October 6, 2024 October 1 – December 31, 2024 January 7, 2025 January 1 – March 31, 2025 April 6, 2025 April 1 – June 30, 2025 July 6, 2025 July 1 – September 30, 2025 October 6, 2025 October 1 – December 31, 2025 January 7, 2026 January 1 – March 31, 2026 April 6, 2026 April 1 – June 30, 2026 July 6, 2026 July 1 – September 30, 2026 October 6, 2026 October 1 – December 31, 2026 January 31, 2027 Awardees are responsible for contacting the Commission at if the information cannotFederalFundingAccount@cpuc.ca.gov be submitted on time. The Quarterly Reports requirement is separate and in addition to the monthly contractor reports and the payment requests. Annual Reports Awardees must submit annual reports that include the speed, pricing, subscription data (including number of customers enrolled in the successor to the Affordable Connectivity Program (ACP) once identified, low-cost, and low-income broadband plans), and any data allowance information on all offered plans. The report must also include a weblink with information on the Awardee’s income-qualified and affordable plans. The associated webpage should provide all plan information, ways to subscribe, and any necessary forms. Termination The Commission or the Awardee may terminate a grant award at any time by delivering ten days written notice to the other party. In the event that the Awardee terminates the grant award, it will be required to refund within 30 days of the termination all payments received for work not completed or not accepted by the Commission. Post-Completion Sale or Transfer For three years after project completion, an Awardee must notify the Commission within five days of determining that the Awardee is planning to sell or transfer its assets. The Awardee shall also provide documentation, including an affidavit stating that the new entity will take full responsibility and ownership to comply with the requirements of the Last Mile Page 6 of 6 Federal Funding Account grant and requirements of the U.S. Treasury Department. Returning a signed Consent Form is acceptance of these terms. Additionally, Awardees seeking to transfer assets must file a Tier 2 Advice Letter with the following information: • Purchase price • Copy of the agreement • Binding agreement from the purchaser or lessee to fulfill the terms and conditions relating to the project after such sale or lease • An explanation as to how the transaction would be in the best interests of those served by the project. Additional Information Additional guidance detailing Federal reporting requirements will be provided post-award. Reporting requirements and guidelines are subject to change, and CPUC may define additional requirements. Any additional requirements will be posted on CPUC’s .website