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GOVERNOR'S OFFICE OF
HIGHWAY SAFETY
STATE OF ARIZONA
HIGHWAY SAFETY GRANT AGREEMENT
This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire
Grant between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing.
FAIN: 69A37526300004020AZ0
Assistance Listings: 20.600
1.
APPLICANT AGENCY
GOHS GRANT NUMBER:
Chandler Fire Department
2026-OP-004
ADDRESS
PROGRAM AREA:
PO Box 4008, MS 801, Chandler, Arizona 85244
402-OP
2.
GOVERNMENTAL UNIT
AGENCY CONTACT:
City of Chandler
Robert Steele
ADDRESS
3. PROJECT TITLE:
PO Box 4008, MS 605, Chandler, Arizona 85244
Occupant Protection Awareness and
Education Overtime, Materials and Supplies
(Car Seats, Buckle Guards)
4.
GUIDELINES:
402–Occupant Protection (OP)
5.
BRIEFLY STATE PURPOSE OF PROJECT:
Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and
Supplies: Car Seats, Buckle Guards to enhance Occupant Protection throughout the City of Chandler.
6.
BUDGET
COST CATEGORY
Project Period
FFY 2026
I.
Personnel Services
$22,033.00
II.
Employee Related Expenses (36.16%)
$7,967.00
III.
Professional and Outside Services
$0.00
IV.
Travel In-State
$0.00
V.
Travel Out-of-State
$0.00
VI.
Materials and Supplies
$18,304.00
VII.
Capital Outlay
$0.00
TOTAL ESTIMATED COSTS
$48,304.00
PROJECT PERIOD
FROM: Effective Date
(Date of GOHS Director Signature)
TO: 09-30-2026
CURRENT GRANT PERIOD
FROM: 10-01-2025
TO: 09-30-2026
TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $48,304.00
A political subdivision or State agency that is mandated to provide a certified resolution or ordinance
authorizing entry into this Grant agreement must do so prior to incurring any expenditures. Failure to do so
may result in termination of the awarded Grant agreement.
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SAFETY GRANT
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PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:
Organization Size: 256
Total Population in city/town or county served: 287,357
County Served: Maricopa County
Agency Problem/Attempts to Solve Problem:
According to the most recent Arizona Department of Transportation (AZDOT) Crash Fact data, there was a
0.98% decrease in the number of fatal motor vehicle accidents from 2022 to 2023. Over the past five years, the
overall number of fatal crashes have increased by 33%. Unfortunately, in 2023, children 14 years of age and
younger accounted for 36 fatalities which is an increase from the previous year’s total of 29, demonstrating the
vulnerability of that age group. This application addresses the need for increased vehicle occupant protection
for children residing in Chandler and its surrounding communities. The Chandler Fire Department’s goal is to
reduce the number of children injured or killed in motor vehicle accidents through evidence-based education,
by installing Child Safety Seats (CSSs), and distributing CSSs to families in need.
Agency Funding:
Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and
Supplies: Car Seats, Buckle Guards to enhance Occupant Protection throughout the City of Chandler.
How Agency Will Solve Problem with Funding:
Child Passenger Safety Technicians (CPSTs) will provide training and education to caregivers on how to
evaluate and install their child’s CSS. CFD anticipates that in the 2026 federal fiscal year, its CPSTs will inspect
and install over 1,000 CSSs. While at the CSS clinics, families will be provided resources on child motor vehicle
safety and up to 160 CSSs will be provided to low-income families. In partnership with Mercy Gilbert Medical
Center and the Chandler CARE Center—a free medical clinic operated by the Chandler Unified School
District—a regional safety event and a CSS event for low-income Spanish-speaking families will be held,
respectively.
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PROGRAM MEASURES:
Grant Agreement Objectives:
1. Conduct/participate in an average of 8 occupant restraint outreach/educational events each quarter
during FFY 2026.
2. Distribute an average of 40 child safety seats to children in need each quarter during FFY 2026
3. Participate in one (1) regional CSS event, (1) event for low-income Spanish speakers, and one (1)
City-Sponsored event in FFY 2026
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GOALS/OBJECTIVES:
Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and
Supplies: Car Seats, Buckle Guards to enhance Occupant Protection throughout the City of Chandler.
Expenditures of funding pertaining to the OP/Occupant Protection Program including Personnel Services and
ERE, Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply with the
Occupant Protection Program goals provided by the Arizona Governor’s Office of Highway Safety. The
Occupant Protection Program goal is to improve the use of seatbelts and child safety seats to reduce the number
of fatalities and injuries due to vehicular crashes throughout the State of Arizona.
MEDIA RELEASE:
To prepare complete press release information for media (television, radio, print, and on-line) during each
campaign period including a main press release, schedule of events, departmental plans, and relevant data.
The material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of
Occupant Protection in terms of money, criminal, and human consequences.
PLEASE NOTE: Failure to submit Quarterly Reports, and/or Report of Costs Incurred (RCIs) timely
and correctly may delay reimbursement for expenditures to your Agency.
METHOD OF PROCEDURE:
The Chandler Fire Department will make expenditures, as follows, to meet the outlined Program
Goals/Objectives:
Personnel Services - To support Overtime for Occupant Protection Activities
Employee Related Expenses - To support Employee Related Expenses for Agency Overtime
Materials and Supplies - To purchase/procure the following Materials and Supplies for Occupant Protection
Activities: Car Seats, Buckle Guards
PRESS RELEASE:
Agencies are required to develop and distribute a press release announcing this grant award upon receipt of
the executed Grant agreement. A copy of this press release shall be sent to the GOHS Director for approval
prior to being sent to the media. This press release shall include the objective and specify that the funding is
from the Governor’s Office of Highway Safety.
METHOD OF PROCUREMENT:
The application of 2 CFR Part 200 "Procurement Standards" requires that:
Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local
laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards.
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The most stringent purchasing requirement at each level must be met. If the Agency does not have a
procurement process, the Agency may use the State procurement process.
A clear audit trail must be established to determine costs charged against this Grant agreement. Substantiation
of costs shall, where possible, be made utilizing the Chandler Fire Department documentation consisting of,
but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment.
The Agency shall retain copies of all documentation in the project file.
State Contract:
Procurement may be made using an open State contract award. Documents submitted to substantiate purchases
using an open State contract must bear the contract number.
PROJECT EVALUATION:
This project shall be administratively evaluated to ensure the objectives have been met.
Quarterly Report
The purpose of the Quarterly Report is to provide information on grant activities conducted at the conclusion
of each active quarter. The information provided is used to review progress of the funded project and the
successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, and
mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is critical
the report contains the following information:
Original signatures on all Quarterly Reports and RCIs
•
All Quarterly Reports and RCIs shall include the signature of the Project
Director unless prior authorization for another is on file with GOHS.
Report Schedule
Reporting Period
Due Date
1st Quarterly Report and RCI (October 1 to December 31, 2025)
January 30, 2026
2nd Quarterly Report and RCI (January 1 to March 31, 2026)
April 20, 2026
3rd Quarterly Report and RCI (April 1 to June 30, 2026)
July 20, 2026
4th Quarterly Report and RCI (July 1 to September 30, 2026)
October 15, 2026
Final Statement of Accomplishments
October 15, 2026
The Quarterly Report shall be completed on the form available on-line and can be submitted by email to
the Governor’s Office of Highway Safety.
NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER
STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING
SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT.
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Final Statement of Accomplishments
The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than
fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving
funding are required to submit a Final Statement of Accomplishments Report.
Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal
funds or termination of the Grant agreement.
PROFESSIONAL AND TECHNICAL PERSONNEL:
Thomas Dwiggins, Fire Chief, Chandler Fire Department, shall serve as Project Director.
Robert Steele, Sr. Management Analyst, Chandler Fire Department, shall serve as Project
Administrator.
Gabriela Gallegos, Governor's Office of Highway Safety, shall serve as Project Coordinator.
REPORT OF COSTS INCURRED (RCI):
The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the
Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the
required report. Agencies may submit additional RCI forms for expenditures when funds have been expended
for which reimbursement is being requested.
Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited
to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records.
RCIs shall be typed and submitted with appropriate supporting documentation to the Governor’s Office of
Highway Safety. Electronically submitted RCIs will be accepted. Final RCIs will not be accepted fifteen
(15) days after the conclusion of each Federal Fiscal Year (September 30th). Expenditures submitted after
the expiration date may not be reimbursed and the Agency will accept fiscal responsibility.
PROGRAM MONITORING:
Highway safety grant program monitoring is used by GOHS project coordinators to track the progress of project
objectives, performance measures, and compliance with applicable procedures, laws, and regulations.
The process is used throughout the duration of the grant agreement and serves as a continuous management
tool. Program monitoring also presents an opportunity to develop partnerships, share information, and provide
assistance to granted agencies. Additionally, program monitoring outlines a set of procedures for grant review
and documentation.
Program monitoring serves as a management tool for:
Detecting and preventing problems
Helping to identify needed changes
Identifying training or assistance needed
Obtaining data necessary for planning and evaluation
Identifying exemplary projects
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Types of Monitoring
Monitoring is formal and informal, financial and operational. The most common types of monitoring are:
Ongoing contact with the grantee through phone calls, e-mails, correspondence, and meetings
On-Site/In-House monitoring reviews of project operations, management, and financial records
and systems
Review of project Quarterly Reports
Review and approval of Report of Costs Incurred (RCIs)
Desk review of other documents in the project grant files for timely submission and completeness
Monitoring Schedule
Total Awarded Amount:
Type of Monitoring:
Under $100,000
Desk Review/Phone Conference
$100,000 and over
May have an In-House GOHS Review
$300,000+
May have an On-Site/In-House Review
Capital Outlay Greater than $100,000 (combined)
May have an On-Site/In-House Review
Desk Review
and
Phone
Conference
Internal review of all written documentation related to grant agreement including, but not
limited to the Grant Agreement, Quarterly Reports, enforcement data, financial data, e-mails,
letters, notes, press releases, photographs, inventories, and other written correspondence. A
phone conference call conducted during the course of the project which includes the date
and time of the call, the person(s) contacted, and the results. It serves as an informational
review to determine progress of programmatic/financial activities. Both the designated
project administrator and fiscal contact should be present, if possible, during the phone
conference. If identified financial or operational problems are present, GOHS reserves the
right to bring the grantee in for an in-house meeting at GOHS. Monitoring form written by
Project Coordinator, any findings, areas of improvement, concern, or recognition will be
provided to the grantee.
In-House
Review
Documents performance review results including project activities, reimbursement claims
review, equipment purchases, approvals, and other information. Reviews applicable
information related to the project(s) including, but not limited to the Grant agreement,
Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases,
photographs, inventories, and other written correspondence. Completed at GOHS in a
meeting with appropriate operational and financial personnel. Monitoring form written by
Project Coordinator, any findings, areas of improvement, concern, or recognition will be
provided to the grantee.
On-Site
Monitoring
Documents performance review results including project activities, reimbursement claims
review, equipment purchases, and other information. Reviews applicable information related
to the project(s) including, but not limited to the Grant agreement, Quarterly Reports,
enforcement data, financial data, e-mails, letters, notes, press releases, photographs,
inventories, and other written correspondence. Conducted on-site at the grantee’s Agency
with monitoring form completed on-site by Project Coordinator. Any findings, areas of
improvement, concern, or recognition, will be provided to the grantee.
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On-site/In-house monitoring for grantees of designated projects with large Capital Outlay purchases, personnel
services, and complex projects must be completed within the second or third quarter of the fiscal year. Granted
projects displaying any problems may need on-site monitoring more than once during the fiscal year.
On-site/In-house monitoring includes a review and discussion of all issues related to ensure the effective
administration of the granted project. The following are the most important items to review:
Progress toward meeting goals/objectives and performance measures
Adherence to the grant agreement specifications, timely submission of complete and correct
reports, including required documentation
Quarterly Reports
Status of expenditures related to the outlined budget
Accounting records and RCI's
Supporting documentation (training documentation, inventory sheets, photographs, press releases,
etc.)
In addition, the designated Agency will ensure that any equipment purchased will be available for inspection
and is being used for the purpose for which it was bought under the outlined grant agreement.
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Documentation
The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form
in the Agency's respective Federal file. Findings will be discussed with the designated grant agreement
representative (Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be
provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit
significantly poor performance may be placed on a performance plan as outlined by the GOHS Director.
Grantee monitoring information will additionally provide documentation for potential funding in subsequent
fiscal year grant proposal review.
PROJECT PERIOD:
The project period shall commence on the date the GOHS Director signs the Highway Safety Grant Agreement
and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Grant
Agreement.
DURATION:
Grants shall be effective on the date the Governor’s Office of Highway Safety Director signs the Grant
Agreement and expire at the end of the project period.
If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the
Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of
Highway Safety a minimum of sixty days (60) prior to the end of the project period.
The Agency shall address all requests to modify the Grant Agreement to the Director of the Governor’s Office
of Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular
mail. All requests for modification must bear the signature of the Project Director.
Failure to comply may result in cancellation of the Grant Agreement. Any unexpended funds remaining at the
termination of the Grant Agreement shall be released back to the Governor’s Office of Highway Safety.
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ESTIMATED COSTS:
I.
Personnel Services (overtime)
$22,033.00
II.
Employee Related Expenses (ERE) (36.16%)
$7,967.00
III.
Professional and Outside Services
$0.00
IV.
Travel In-State
$0.00
V.
Travel Out-of-State
$0.00
VI.
Materials and Supplies
Car Seats, Buckle Guards
$18,304.00
VII.
Capital Outlay
$0.00
TOTAL ESTIMATED COSTS
*$48,304.00
*Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit
reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is
the maximum ERE amount to be reimbursed. It is agreed and understood that the Chandler Fire Department
shall absorb any and all expenditures in excess of $48,304.00.
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CERTIFICATIONS AND AGREEMENTS
This GRANT AGREEMENT, is made and entered into by and between the STATE OF ARIZONA, by and
through the Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency
named in this Grant Agreement, hereinafter referred to as "AGENCY".
WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal
funds to STATE for approved highway safety projects; and
WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies,
governments, or political subdivisions upon application and approval by STATE and the United States
Department of Transportation (USDOT); and
WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for
approved highway safety projects; and
WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects;
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND
VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following
terms and conditions and the following Federal and State Statutes, Rules, and Regulations:
I.
Project Monitoring, Reports, and Inspections
A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either
on-site or by telephone, during the life of the Grant Agreement.
B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to
STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each
report will be given in this Grant Agreement or at any time thereafter by giving thirty (30) days
written notice to AGENCY by ordinary mail at the address listed on the Grant Agreement. Failure
to comply with Quarterly Report requirements may result in withholding of Federal funds or
termination of this Grant Agreement.
C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Grant
Agreement to include all financial, performance, and other reports required as a condition of the
grant to STATE within thirty (30) days of the completion of the Grant Agreement.
D. Representatives authorized by STATE and the National Highway Traffic Safety Administration
(NHTSA) will have the right to visit the site and inspect the work under this Grant Agreement
whenever such representatives may determine such inspection is necessary.
II.
Reimbursement of Eligible Expenses
A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form
(RCI) to STATE each time there have been funds expended for which reimbursement is being
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requested. Failure to meet this requirement may be cause to terminate the project under Section
XX herein, "Termination and Abandonment".
B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal
funds have been claimed and reimbursement received, as may have been determined by a State or
Federal audit.
C. STATE will have the right to withhold any installments equal to the reimbursement received by
AGENCY for prior installments which have been subsequently determined to be ineligible or
unauthorized.
III.
Property Agreement
A. AGENCY will immediately notify STATE if any equipment purchased under this Grant
Agreement ceases to be used in the manner as set forth by this Grant Agreement. In such event,
AGENCY further agrees to either give credit to the project cost or to another active highway safety
project for the residual value of such equipment in an amount to be determined by STATE or to
transfer or otherwise dispose of such equipment as directed by STATE.
B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written
approval of STATE, or unless otherwise provided elsewhere in this Grant Agreement.
C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased
under this Grant Agreement.
D. AGENCY will incorporate any equipment purchased under this Grant Agreement into its inventory
records.
E. AGENCY will insure any equipment purchased under this Grant Agreement for the duration of its
useful life. Self-insurance meets the requirements of this section.
IV.
Travel
In-State and Out-of-State Travel
In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations,
provided that such regulations are as restrictive as those of STATE. Where they are less restrictive,
ARS §38-624 will apply.
The State must approve all out-of-state travel in writing and in advance.
V.
Standard of Performance
AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish
all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to
furnish pursuant to this Grant Agreement.
VI.
Hold Harmless Agreement
Neither party to this agreement agrees to indemnify the other party or hold harmless the other party
from liability hereunder. However, if the common law or a statute provides for either a right to
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indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or
both of these remedies is preserved.
VII.
Non-Assignment and Sub-Contracts
This Grant Agreement is not assignable nor may any portion of the work to be performed be
subcontracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder
may be assigned or operated by other than AGENCY unless agreed to in writing by STATE.
VIII.
Work Products and Title to Commodities and Equipment
A. The work product and results of the project are the property of STATE, unless otherwise specified
elsewhere in this Grant Agreement. All property, instruments, non-consumable materials, supplies,
and the like, which are furnished or paid for by STATE under the terms of this Grant Agreement,
unless otherwise provided for elsewhere in this Grant Agreement, are and remain the property of
STATE and will be returned at the completion of this project upon request of STATE. The work
product and results of the project will be furnished to STATE upon request, if no provision is
otherwise made by this Grant Agreement.
B. The provisions of subparagraph A apply whether or not the project granted for herein is completed.
IX.
Copyrights and Patents
Any copyrightable materials, patentable discovery, or invention produced in the course of this project
may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE
does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will
be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be
given the United States Government and STATE and its political subdivisions to use such copyrightable
material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right
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to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed
in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent.
X.
Uniform Administrative Requirements
(2 CFR Part 1201): Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards:
The application of 2 CFR Part 200 "Procurement Standards" Requires that:
AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State
and local laws and regulations, provided that the procurements conform to applicable Federal law. The
most stringent purchasing requirement at each level must be met.
The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2,
Chapter 7) are a part of this Grant Agreement as if fully set forth herein and AGENCY agrees to fully
comply with these requirements for any procurement using grant monies from this Grant Agreement.
XI.
Non-Discrimination
The AGENCY and the STATE will comply with all Federal statues and implementing regulations
relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not
limited to:
•
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color national origin);
•
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of
Transportation-Effectuation of Ttitle VI of the Civil Rights Act of 1964);
•
28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights
Act of 1964);
•
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
•
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination
on the basis of sex);
•
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits
discrimination on the basis of disability) and 49 CFR part 27;
•
The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);
•
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the term "programs
Or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients
and contractors, whether such programs or activities are Federally-funded or not);
•
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits
discrimination on the basis of disability in the operation of public entities, public and private
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transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37
and 38.
During the performance of this contract/grant agreement, the contractor/grant recipient agrees—
A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time
to time;
B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein;
C. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the State highway safety office, US DOT or NHTSA;
D. That, in event a contractor/grant recipient fails to comply with any nondiscrimination provisions in
this contract/grant agreement, the State highway safety agency will have the right to impose such
contract/grant agreement sanctions as it or NHTSA determine are appropriate, including, but not
limited to, withholding payments to the contractor/grant recipient under the contract/grant agreement
until the contractor/grant recipient complies; and/or cancelling, terminating, or suspending a contract
or grant agreement, in whole or in part; and
E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement
and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this
program.
XII.
Executive Order 2023-01
It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order
2023-01, Non-Discrimination in Employment by Government Contractors and Subcontractors.
XIII.
Political Activity (HATCH ACT)
The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the
political activities of employees whose principal employment activities are funded in whole or in part
with Federal funds.
XIV.
Minority Business Enterprises (MBE) Policy and Obligation
A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part
23, will have the maximum opportunity to participate in the performance of contracts financed in
whole or in part with Federal funds under this Grant Agreement. Consequently, the minority
business enterprises requirements of 49 CFR Part 23 apply to this Grant Agreement.
B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as
defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds
provided under this Grant Agreement. In this regard, all recipients or contractors will take all
necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business
enterprises have the maximum opportunity to compete for and perform contracts. Recipients and
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their contractors will not discriminate on the basis of race, color, creed, sex, or national origin in
the award and performance of USDOT-assigned Grant Agreements.
XV.
Arbitration Clause, ARS §12-1518
Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable
administrative reviews, to resolve disputes arising out of this agreement where the provisions of
mandatory arbitration apply.
XVI.
Inspection and Audit, ARS §35-214
Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this
Agreement will be subject at all reasonable times to inspection and audit by STATE for five (5) years
after completion of this Agreement. The records will be produced at the Governor’s Office of Highway
Safety.
XVII. Appropriation of Funds by U.S. Congress
It is agreed that in no event will this Grant Agreement be binding on any party hereto unless and until
such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to
the project submitted herein and then only for the fiscal year for which such allocation is made. In the
event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed
herein for subsequent fiscal years, this Grant Agreement will be null and void, except as to that portion
for which funds have then been appropriated or allocated to this project, and no right of action or
damages will accrue to the benefit of the parties hereto as to that portion of the Contract or Grant
Agreement that may so become null and void.
XVIII. Continuation of Highway Safety Program
It is the intention of AGENCY to continue the Highway Safety Program identified in this Grant
Agreement once Federal funding is completed. This intended continuation will be based upon cost
effectiveness and an evaluation by AGENCY of the program's impact on highway safety.
XIX.
E-Verify
Both parties acknowledge that immigration laws require them to register and participate with the E-
Verify Program (employment verification program administered by the United States Department of
Homeland Security and the Social Security Administration or any successor program) as they both
employ one or more employees in this State. Both parties warrant that they have registered with and
participate with E-Verify. If either party later determines that the other non-compliant party has not
complied with E-Verify, it will notify the non-compliant party by certified mail of the determination
and of the right to appeal the determination.
XX.
Termination and Abandonment
A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein,
except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the
project for which services have not been already performed by AGENCY.
B. In the event STATE abandons the services or any part of the services as herein provided, STATE
will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice,
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AGENCY will discontinue advancing the work under this Grant Agreement and proceed to close
said operations under the Grant Agreement.
C. The appraisal value of work performed by AGENCY to the date of such termination or
abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final
reimbursement made to AGENCY on the basis of costs incurred. Upon termination or
abandonment, AGENCY will deliver to STATE all documents, completely or partially completed,
together with all unused materials supplied by STATE.
D. AGENCY may terminate or abandon this Grant Agreement upon thirty (30) days written notice to
STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by
AGENCY will provide that costs can be incurred against the project up to and including sixty (60)
days after notice is given to STATE.
E. Any equipment or commodities which have been purchased as a part of this Grant Agreement and
which have not been consumed or reached the end of its useful life will be returned to STATE upon
its written request.
XXI.
Cancellation Statute
All parties are hereby put on notice that this Contract/Grant Agreement is subject to cancellation
pursuant to ARS §38-511, the provisions of which are stated below.
In accordance with ARS §38-511, this Contract/Grant Agreement may be cancelled without penalty or
further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or
creating the Contract/Grant Agreement on behalf of the STATE, its political subdivisions or any
department or agency of either, is at any time while the Contract/Grant Agreement or any extension of
the Contract/Grant Agreement is in effect, an employee of any other party to the Contract/Grant
Agreement in any capacity or a consultant to any other party of the Contract/Grant Agreement with
respect to the subject matter or the Contract/Grant Agreement.
The cancellation shall be effective when written notice from the Governor or Chief Executive Officer
or governing body of the political subdivision is received by all other parties to the Contract/Grant
Agreement unless the notice specifies a later time.
AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE
Acceptance of Condition
It is understood and agreed by the undersigned that a grant received as a result of this Grant Agreement
is subject to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602,
and all administrative regulations governing grants established by the USDOT and STATE. It is
expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway
Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project
Director's Manual, which are incorporated herein and made a part of this Grant Agreement. All State
and Federal Statutes, Rules, Regulations, and Circulars referenced in this Grant Agreement are a part
of this document as if fully set forth herein. It is also agreed that no work will be performed nor any
obligation incurred until AGENCY is notified in writing that this project has been approved by the
Governor's Highway Safety Representative.
Certificate of Compliance
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This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and
Regulations identified in this Grant Agreement.
Certification of Non-Duplication of Grant Funds Expenditure
This is to certify that AGENCY has no ongoing nor completed projects under Grant Agreement with
other Federal fund sources which duplicate or overlap any work contemplated or described in this Grant
Agreement. It is further certified that any pending or proposed request for other Federal grant funds
which would duplicate or overlap work described in the Grant Agreement will be revised to exclude
any such duplication of grant fund expenditures. It is understood that any such duplication of Federal
funds expenditures subsequently determined by audit will be subject to recovery by STATE.
Single Audit Act
If your political subdivision has had an independent audit meeting the requirements of the Single Audit
Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Finance Dept.,
within thirty (30) days of the effective date of this Grant Agreement. If such audit has not been
performed, please advise when it is being scheduled.
Buy America Act
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with
Federal funds only steel, iron, and manufactured products produced in the United States, unless the
Secretary of Transportation determines that such domestically produced items would be inconsistent
with the public interest, that such materials are not reasonably available and of a satisfactory quality,
or that inclusion of domestic materials will increase the cost of the overall project contract by more
than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the
State must submit a waiver request that provides an adequate basis and justification to and approved
by the Secretary of Transportation.
Certification on Conflict of Interest
General Requirements
No employee, officer or agent of a State or its subrecipient who is authorized in an official capacity To
negotiate, make, accept Or approve, Or To take part In negotiating, making, accepting or approving
any subaward, including contracts or subcontracts, in connection with this grant shall have, directly Or
indirectly, any financial Or personal interest in any such subaward. Such a financial or personal interest
would arise when the employee, officer, or agent, any member Of his Or her immediate family, his Or
her partner, Or an organization which employs or is about to employ any of the parties indicated herein,
has a financial or personal interest in Or a tangible personal benefit from an entity considered for a
subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary
actions To be applied For violations Of such standards by officers, employees, Or agents.
a. The code or standards shall provide that the recipient's officers, employees, or agents may
neither solicit nor accept gratuities, favors, Or anything Of monetary value from present or potential
subawardees, including contractors or parties to subcontracts.
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b. The code or standards shall establish penalties, sanctions or other disciplinary actions for
violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or
standards of conduct.
Disclosure Requirements
No State or its subrecipient, including its officers, employees or agents, shall perform or continue to
perform under a grant Or cooperative agreement, whose objectivity may be impaired because of any
related past, present, or currently planned interest, financial or otherwise, in organizations regulated by
NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based
on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible,
making an immediate And full disclosure In writing To NHTSA. The disclosure shall include a
description of the action which the recipient has taken or proposes to take to avoid or mitigate such
conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the
recipient. If a conflict of interest is found to exist, NHTSA may
(a) terminate the award, or
(b) determine that it is otherwise in the best interest of NHTSA to continue the award and include
appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present or currently planned
organizational, financial, contractual Or other interest(s) With an organization regulated by NHTSA or
with an organization whose interests may be substantially affected by NHTSA activities, And which
are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate,
proposed consultant, proposed subcontractor and key personnel of any of the above. Past interest shall
be limited to within one year of the date of award. Key personnel shall include any person owning more
than a 20 percent interest in a recipient, And the officers, employees Or agents of a recipient who are
responsible for making a decision or taking an action under an award where the decision or Action can
have an economic Or other impact on the interests of a regulated Or affected organization
Prohibition on Using Grant Funds to Check for Helmet Usage
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check
helmet usage or to create checkpoints that specifically target motorcyclists.
Certification Regarding Debarment and Suspension
A. By signing and submitting this proposal, the prospective primary tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1200.
B. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective primary tier participant shall
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submit an explanation of why it cannot provide the certification set out below. The certification or
explanation will be considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the prospective primary tier participant
to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
C. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined
that the prospective primary tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department or agency may
terminate this transaction for cause or default or may pursue suspension or debarment.
D. The prospective primary tier participant shall provide immediate written notice to the department
or agency to which this proposal is submitted if at any time the prospective primary tier participant
learns its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
E. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180
and 1200. You may contact the department or agency to which this proposal is being submitted for
assistance in obtaining a copy of those regulations.
F. The prospective primary tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this transaction.
G. The prospective primary tier participant further agrees by submitting this proposal that it will
include the clause titled Instructions for Lower Tier Certification including the Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered
Transaction, provided by the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
H. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective
lower tier participants, each participant may, but is not required to, check the System for Award
Management Exclusions website (https://www.sam.gov).
I.
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
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proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal government, the department or agency may terminate the transaction for cause of
default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matter
A. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and
its principal:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department or
agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of record,
making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
B. Where the prospective primary tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Certification
A. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1200.
B. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the Federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension or debarment.
C. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts
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180 and 1200. You may contact the person to whom this proposal is submitted for assistance in
obtaining a copy of those regulations.
E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
F.
The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts
180 and 1200.
G. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred or otherwise ineligible to participate in covered transactions.
To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier
participants, each participant may, but is not required to, check the System for Award Management
Exclusions Website (https://www.sam.gov).
H. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
I.
Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
Covered Transactions
A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department or
agency.
B. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
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Restriction on State Lobbying
None of the funds under this program will be used for any activity specifically designed to urge or
influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct and
indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State
official whose salary is supported with NHTSA funds from engaging in direct communications
with State or local legislative officials, in accordance with customary State practice, even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending
legislative proposal.
Certification for Contracts, Grant, Loans, and Cooperative Agreements (Federal Lobbying)
The undersigned certifies, to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
C. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Signature of Project Director:
Signature of Authorized Official of
Governmental Unit:
Thomas Dwiggins, Fire Chief
Kevin Hartke, Mayor
Chandler Fire Department
City of Chandler
Date
Telephone
Date
Telephone
APPROVED AS TO FORM:
_________________________________
City Attorney
ATTEST:
________________________________
City Clerk
24
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REIMBURSEMENT INSTRUCTIONS
1.
Agency Official preparing the Report of Costs Incurred:
Name:
Title:
Telephone Number:
Fax Number:
E-mail Address:
2.
Agency's Fiscal Contact:
Name:
Title:
Telephone Number:
Fax Number:
E-mail Address:
Federal Identification Number:
3.
REIMBURSEMENT INFORMATION:
Warrant/Check to be made payable to:
Warrant/Check to be mailed to:
(Agency)
(Address)
(City, State, Zip Code)
4.
Unique Entity Identifier:
(Unique Entity Identifier #)
(Registered Address & Zip Code)
Robert Steele
Senior Management Analyst
480-782-2126
480-782-2125
Robert.Steele@chandleraz.gov
Robert Steele
Senior Management Analyst
480-782-2126
480-782-2125
Robert.Steele@chandleraz.gov
86-6000238
City of Chandler
Chandler Fire Department
PO Box 4008, Mail Stop 801
Chandler, AZ 85244
LCLUQVAO1WU4
175 S. Arizona Ave., Chandler, AZ 85244
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AUTHORITY & FUNDS
1.
This Project is authorized by 23 U.S.C. §402 and regulations promulgated there under, more particularly
Volume 102, and if State funds are involved, this project is authorized by ARS §28-602.
The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of
Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 402-
OP, as approved for by the National Highway Traffic Safety Administration.
2.
A.
EFFECTIVE DATE:
B.
FEDERAL FUNDS:
Authorization to Proceed Date
$48,304.00
3.
AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to Governor for the
administration of the State Highway Safety Agency
J.M. "Jesse" Torrez, Director
Approval Date
Governor's Office of Highway Safety
Governor's Highway Safety Representative