November 23, 2021
ECF Funding Commitment Decision Letter
2021
Contact Information:
Mila Rianto
SALINAS PUBLIC LIBRARY
350 LINCOLN AVE
SALINAS CA 93901 - 2615
[email protected]
ECF FCC Form 471: ECF202108225
BEN: 144083
Obligation File: 5
Application Nickname: Emergency Connectivity Fu
nd Application
Totals
Total Committed $24,000.00
What is in this letter?
Thank you for submitting your Emergency Connectivity Fund (ECF) funding application.
Attached to this letter, you will find the funding statuses for the ECF FCC Form(s) 471, Services Ordered and Certification Form, referenced above.
The Universal Service Administrative Company (USAC) is sending letters to both the associated applicant and the service provider(s) so that you can work together to complete the funding process.
Next Steps
Submit Requests for Reimbursement to the Emergency Connectivity Fund (ECF) Portal.1 The Commission in the Emergency Connectivity Fund Report and Order provided two ways for applicants to be able to invoice for eligible equipment and services through the Emergency Connectivity Fund Program.2 Applicants and service providers, who agree to invoice on behalf of the applicant(s), are allowed to submit ECF Program requests for reimbursement. _______________________________________________________________________________________________________________________ 1 The Emergency Connectivity Fund Report and Order directed USAC to make the invoicing system available 15 days after the issuance of the first wave of commitments for the Emergency Connectivity Fund Program. Establishing the Emergency Connectivity Fund to Close the Homework Gap, WC Docket No. 21-93, Report and Order, FCC 21-58, para. 98 (rel. May 11, 2021) (Emergency Connectivity Fund Report and Order) If your funding commitment was released as part of the first wave, you may need to wait 15 days prior to submitting your request for reimbursement. USAC will announce when the invoicing system is available and requests for reimbursement can be submitted.
2 Emergency Connectivity Fund Report and Order, at para.93.
BEN Name: SALINAS PUBLIC LIBRARY ECF FCC Form 471: ECF202108225 BEN: 144083 Obligation File: 5
• If you (the applicant) are invoicing: After receiving the ECF-supported eligible equipment and/or services, you will file the ECF FCC Form 472, the Billed Entity Applicant Reimbursement (BEAR) Form to invoice for reimbursement of the ECF-supported eligible equipment and/or services. If you request reimbursement prior to paying your service provider(s), you will be required to provide verification that you paid your service provider(s) within 30 days of receipt of funds. • If your service provider(s) is invoicing: The service provider(s) must provide the ECF-supported eligible equipment and/or services and then file the ECF FCC Form 474, the Service Provider Invoice (SPI) form, to invoice for reimbursement for the ECF-supported eligible equipment and/or services provided.
Applicants and service providers, who agree to invoice on behalf of the applicant(s), must provide invoices detailing the items purchased, along with the requests for reimbursement. In general, any request for reimbursement submitted without the necessary information will be rejected with an explanation as to the deficiency, and the funding recipient will need to timely resubmit its invoice submission in order to receive reimbursement.
Notice on Rules and Requirements
The applicants’ receipt of funding commitments is contingent on their compliance with all federal, statutory, regulatory, and procedural requirements of the ECF Program and the FCC’s rules. This also includes the certifications under penalty of perjury contained in their funding application(s). Funding recipients are subject to audits and other reviews that the Commission and other appropriate authorities may undertake periodically to ensure that committed funds are being used in accordance with such requirements and for their intended purpose. Please see paragraphs 116-134 of the Commission’s Emergency Connectivity Fund Report and Order for more information regarding the Program’s documentation, certification, and audit requirements.
As referenced in paragraph 101 of the Emergency Connectivity Fund Report and Order, attached to this letter is the full text of Appendix A to 2 CFR Part 170, which provides additional information about the reporting requirements for reporting executive compensation (through https://www.sam.gov) and subaward activity (through http://www.fsrs.gov) under the Federal Funding Accountability and Transparency Act of 2006 as amended by the Digital Accountability and Transparency Act of 2014 (collectively the Transparency Act or FFATA/DATA Act) for award and subaward payments that equal or exceed $30,000.
On behalf of the FCC, USAC may be required to reduce or cancel funding commitments that were not issued in accordance with these requirements, whether due to action or inaction of USAC, the applicant, or the service provider. The Commission and other appropriate authorities may pursue enforcement actions and other means of recourse to collect improperly disbursed funds.
How to Appeal or Request a Waiver of a Decision
You can appeal or request a waiver of a decision in this letter within 30 calendar days of the date of this letter. Failure to meet this deadline will result in an automatic dismissal of your appeal or waiver request.
Please note that this is shorter than the deadline for appeals in the E-Rate Program.
November 23, 2021 2
BEN Name: SALINAS PUBLIC LIBRARY ECF FCC Form 471: ECF202108225 BEN: 144083 Obligation File: 5
Note: The Federal Communications Commission (FCC) will not accept appeals of ECF Program decisions that have not first been submitted and addressed in the Emergency Connectivity Fund (ECF) Portal. However, if you are seeking a waiver of ECF Program rules, you must submit your request directly to the FCC and not in the ECF Portal. Waivers of the ECF Program rules cannot be addressed within the ECF Portal.
• To submit an appeal that is not a waiver, visit the Appeals section in the Emergency Connectivity Fund (ECF) Portal and provide the required information. USAC will reply to your appeal submissions to confirm receipt. Visit the ECF Program's website for additional information on submitting an appeal, including step-by-step instructions.
• To request a waiver of the FCC’s rules, please submit your request to the FCC in proceeding number WC Docket No. 21-93 using the Electronic Comment Filing System (ECFS). Include your contact information, a statement that your filing is a waiver request, identifying information, the FCC rule(s) for which you are seeking a waiver, a full description of the relevant facts that you believe support your waiver request and any related relief, and any supporting documentation.
For all appeals and waivers, be sure to keep a copy of your entire appeal or waiver document, including any correspondence and documentation, and provide a copy to the affected service provider(s).
November 23, 2021 3
BEN Name: SALINAS PUBLIC LIBRARY ECF FCC Form 471: ECF202108225 BEN: 144083 Obligation File: 5
ECF Funding Commitment Decision
Overview
2021
Funding Commitment Decision Overview
Funding Request
Number (FRN)
Service Provider Name Amount
Requested
Amount
Committed
Status
ECF2190010465 AT&T Corp. $31,545.00 $24,000.00 Funded
November 23, 2021 4
BEN Name: SALINAS PUBLIC LIBRARY ECF FCC Form 471: ECF202108225 BEN: 144083 Obligation File: 5
FRN
ECF2190010465
Service Type
Equipment
Status
Funded
Dollars Committed
Monthly Cost One-time Cost
Months of Service 10
Total Eligible Recurring Charges $0.00 Total Eligible One Time Charges $24,000.00 Total Charges $31,545.00
Committed Amount $24,000.00
Dates
Service Start Date 9/1/2021
Service End Date 6/30/2022
Service Delivery Date 6/30/2022
Invoice Deadline Date 8/29/2022
Service Provider Information
Service Provider AT&T Corp.
SPIN (498ID) 143001192
Consultant Information
Consultant Name
Consultant's Employer
CRN
Funding Commitment Decision Comments
MR1: The funding request amount for Connected Device was reduced from $515.00 per connected device to $400.00 per connected device to remove the amount that exceeds the cap amount.
MR2: The funding request amount for Connected Device was reduced from $558.00 per connected device to $400.00 per connected device to remove the amount that exceeds the cap amount.
November 23, 2021 5
BEN Name: SALINAS PUBLIC LIBRARY ECF FCC Form 471: ECF202108225 BEN: 144083 Obligation File: 5
Appendix A to Part 170—Award Term
I. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.
Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term).
2. Where and when to report.
i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify.
b. Reporting total compensation of recipient executives for non-Federal entities.
1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR § 170.320;
ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards), and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and,
iii. The public does not have access to information about the compensation of the executives through periodic reports filed under sections 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if—
i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards) and,
November 23, 2021 6
BEN Name: SALINAS PUBLIC LIBRARY ECF FCC Form 471: ECF202108225 BEN: 144083 Obligation File: 5
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the executives through periodic reports filed under sections 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.§§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year.
d. Exemptions.
If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term:
1. Federal Agency means a Federal agency as defined at 5 U.S.C. § 551(1) and further clarified by 5 U.S.C. 552(f).
2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization; and
iv. A domestic or foreign for-profit organization
3. Executive means officers, managing partners, or any other employees in management positions.
4. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR § 200.331). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.
5. Subrecipient means a non-Federal entity or Federal agency that:
i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward.
6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR § 229.402(c)(2)).
[2 CFR Part 170; 85 FR 49526, Aug. 13, 2020]
November 23, 2021 7