Staff Report_BEAD Agreement with State

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Page 21 of 44 5. certify to the Grantee that it will abide by these Financial and Managerial Capacity Terms and the Financial Transparency Terms (below) throughout the BEAD period of performance and prominently post such certification on a publicly-available website. B. Measures to Improve Financial Reporting Transparency of GON Recipients (Financial Transparency Terms) Additionally, beginning in 2026 (or the year in which the Grantee and Subgrantee enter into an agreement) and on an annual basis thereafter, prominently post on a publicly-available website: 1. annual financial statements, including an income statement, cash flow statement, and balance sheet, audited by a third party; 2. all matters material to the issuance of any bonds used to fund BEAD networks (e.g., debt service delinquencies and defaults, non-payment covenant defaults, unscheduled reserve fund draws, adverse tax opinions, credit rating changes, bond calls, tender offers, and private debt placements); 3. any and all terms and conditions related to inter-departmental or inter-utility loans to fund the BEAD networks; 4. the number of, and positions of, any GONs employees who perform work for a municipality unrelated to broadband service; 5. all state- or municipally-sourced fees, taxes, or other financial contributions, whether pre- existing or subsequently established, directed to support the BEAD-funded network; and; 6. any in-kind contributions made by the municipality and the source of such contributions (any utility, affiliate(s) or otherwise) to support the CUD/PUD’s work to deploy BEAD-funded networks. 35. Order of Precedence In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • The US Department of Commerce Standard Terms and Conditions • Washington State Broadband Office BEAD Handbook • Attachment A – Scope of Work • Attachment B – Certification of the Availability of funds to Complete the Project • Attachment C – Certification of the Payment and Reporting of Prevailing Wages • Attachment D – List of Broadband Service Locations by project area • Attachment E – Letter of Credit or Performance Bond • Attachment F – Certification to Requirement 51: Protecting the BEAD Program from Defaults • Attachment G – NEPA Process and Documentation Certification • Attachment H – Government Owned Network (GON) Certification