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Item Number: H.7. CITY COUNCIL REPORT SUBJECT: Empire Southwest Cooperative Purchasing Agreement MEETING DATE: August 26, 2025 TO: Mayor and Council FROM: Jason Earp, Development Services Director REVIEWED: Reyes Medrano Jr., City Manager PURPOSE: The Development Services Department is requesting approval of a Cooperative Purchasing Agreement between the City of Tolleson and Empire Southwest, LLC dba Empire Machinery for the provision of heavy equipment and accessories under the Arizona Department of Transportation (ADOT) Contract No. CTR052847, effective through December 3, 2025. BACKGROUND: The Arizona Department of Transportation conducted a competitive procurement process and awarded Contract No. CTR052847 to Empire Southwest, LLC for statewide heavy equipment and accessories. Pursuant to Section 3-5-7 of the Tolleson City Code, the City is authorized to make purchases under cooperative contracts, provided the awarded contractor agrees. The cooperative contract permits its use by other public entities, including the City of Tolleson. The Development Services Department, Streets Division, has identified the need for a 13yd dump truck to support City operations such as removal of illegal dumping, city wide clean up events, ROW maintenance, material hauling, and street sweeper support and recommends entering into this Cooperative Purchasing Agreement to utilize the benefits of the statewide contract. Empire Southwest, LLC currently has in-stock possession of this unit for immediate purchase and shipment upon approval of this contract. Typical lead time for build-up is 3-6 months. DISCUSSION: This Agreement allows the City to purchase heavy equipment and accessories from Empire Southwest, LLC on an as-needed basis. The term of the Agreement is through December 3, 2025, unless earlier terminated. The annual fiscal year expenditure limit is $250,000, and purchases will only be made when deemed necessary and approved by the City. All purchases will be contingent upon approved purchase orders specifying quantities and configurations. The Agreement includes provisions for inspection, acceptance, and cancellation, as well as compliance with E-verify, Arizona employer sanctions laws, and statutory procurement requirements related to Israel and China. It also contains standard indemnification and insurance requirements. Entering into this Cooperative Purchasing Agreement will enable the City to secure competitively priced, high-quality heavy equipment and accessories without the need for a separate procurement process. BUDGET IMPACT: Annual expenditures will not exceed $250,000 per fiscal year, with funding available in approved departmental budgets. RECOMMENDATION: Staff recommends approval of the Cooperative Purchasing Agreement between the City of Tolleson and Empire Southwest, LLC dba Empire Machinery. ATTACHMENTS: 1. 08 26 25 DS - CPA - Empire Southwest LLC - End Date 12 03 25