City Council:
AN ORDINANCE AUTHORIZING THE ISSUANCE
OF A REQUEST FOR QUALIFICATIONS FOR
PROFESSIONAL SERVICES FOR THE SELECTION
OF AN ENERGY SERVICES COMPANY AND THE
DEVELOPMENT OF AN ARTICLE 9 ENERGY
PERFORMANCE PROGRAM FOR THE CITY
OF MOUNT VERNON
Whereas, by correspondence dated October 28, 2026, the Chief of Infrastructure and Capital Improvements has respectfully requested authorization to issue a Request for Qualifications (“RFQ”) for Professional Services - Energy Services Company Selection and Article 9 Energy Performance Program for the purpose of soliciting statements of qualifications from firms with demonstrated expertise in municipal energy efficiency, Energy Performance Contracts, energy conservation measures, facility assessments, Investment Grade Audits, engineering, energy-savings analysis, financing evaluation, project management, and related services; and
Whereas, the City of Mount Vernon (the “City”) owns, operates, and maintains numerous municipal buildings and facilities containing aging or inefficient heating, ventilation, and air-conditioning systems, lighting systems, mechanical equipment, building controls, building envelopes, and other infrastructure that may contribute to excessive energy consumption, increased maintenance costs, reduced equipment reliability, and declining facility performance; and
Whereas, the City recognizes the need to evaluate opportunities to modernize appropriate municipal facilities, improve energy efficiency, reduce operating and maintenance costs where practicable, enhance equipment reliability, and improve the long-term performance of its municipal buildings; and
Whereas, conventional capital construction and facility modernization projects may require significant upfront appropriations, borrowing, or phased investments over multiple fiscal years, and the City therefore desires to investigate alternative statutory and financing mechanisms that may permit energy-related improvements to be evaluated and potentially implemented in a fiscally responsible manner; and
Whereas, Article 9 of the New York State Energy Law provides a statutory framework pursuant to which municipalities may procure energy-related improvements through an Energy Performance Contract and may utilize the services of an Energy Services Company (“ESCO”) to evaluate facilities, identify energy conservation measures, develop engineering solutions, calculate projected energy savings, and assist with the development of an energy performance program; and
Whereas, the City desires to utilize a competitive process to identify one or more qualified ESCOs with the professional, technical, engineering, financial, and project-management expertise necessary to assess the City's municipal facilities and determine whether an Energy Performance Program can provide technically feasible, economically supportable, and beneficial improvements to the City; and
Whereas, the proposed process is intended to be sequential and controlled, beginning with the issuance of a Request for Qualifications (“RFQ”) to solicit qualified ESCOs, followed by an evaluation of qualifications and selection in accordance with applicable law and City procedures; and
Whereas, following selection, the City may, subject to further authorization and negotiation, enter into a limited initial agreement for facility assessment, an Investment Grade Audit (“IGA”), development of proposed energy conservation measures, projected energy-savings calculations, financing analysis, and related program-development services; and
Whereas, an IGA and any resulting recommendations would provide the City with information necessary to evaluate the technical feasibility, projected energy savings, lifecycle costs, financing alternatives, contractual protections, implementation requirements, and other factors associated with a potential Energy Performance Contract; and
Whereas, the selection of an ESCO pursuant to the RFQ authorized herein shall not constitute authorization for construction, implementation of capital improvements, borrowing, financing, expenditure of funds beyond any specifically authorized agreement, or execution of a comprehensive Energy Performance Contract; and
Whereas, no Energy Performance Contract, construction project, financing arrangement, or expenditure arising from the program shall be undertaken unless and until separately reviewed and authorized by the appropriate City officials and governing bodies, as required by law; and
Whereas, the City seeks to determine, through a transparent and competitive process, whether an Article 9 Energy Performance Program can assist the City in modernizing appropriate municipal facilities, improving operating efficiency, reducing energy consumption and costs where achievable, and protecting the City's long-term financial interests; and
Whereas, the Mayor, or his/her designee, has requested that the City Council authorize the issuance of an RFQ for professional services for the selection of an ESCO and the development of an Article 9 Energy Performance Program; and
Whereas, the City Council finds that initiating a competitive qualification process for such professional services is in the best interests of the City and its residents;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, NEW YORK, AS FOLLOWS:
Section 1. Authorization to Issue Request for Qualifications. The City of Mount Vernon is hereby authorized to issue a Request for Qualifications (“RFQ”) for Professional Services - Energy Services Company Selection and Article 9 Energy Performance Program for the purpose of soliciting statements of qualifications from firms with demonstrated expertise in municipal energy efficiency, Energy Performance Contracts, energy conservation measures, facility assessments, Investment Grade Audits, engineering, energy-savings analysis, financing evaluation, project management, and related services.
Section 2. Scope of the RFQ. The RFQ shall seek qualified ESCOs capable of providing, as applicable and subject to subsequent authorization and negotiation, the following services:
1. Review and assessment of designated municipal buildings and facilities;
2. Evaluation of existing energy consumption, building systems, equipment, controls, and operating conditions;
3. Identification and preliminary evaluation of energy conservation measures and facility modernization opportunities;
4. Development of engineering concepts and recommendations for qualifying energy-related improvements;
5. Preparation or assistance with an Investment Grade Audit;
6. Development and verification of projected energy savings and other contractually recognized savings;
7. Evaluation of project costs, lifecycle costs, operating impacts, and potential return on investment;
8. Evaluation and identification of potential financing alternatives;
9. Development of proposed implementation schedules and project priorities;
10. Identification of applicable grants, incentives, rebates, or other potential funding sources;
11. Development of proposed contractual provisions concerning energy savings guarantees, measurement and verification, performance standards, risk allocation, maintenance, and related matters; and
12. Such other professional services as may reasonably be necessary to determine the feasibility and potential structure of an Article 9 Energy Performance Program for the City.
Section 3. Competitive Selection Process. The RFQ shall establish a competitive process for submitting, reviewing, and evaluating qualifications.
The City shall evaluate respondents based upon criteria established in the RFQ, which may include professional qualifications and experience, demonstrated experience with municipal Energy Performance Contracts, technical capabilities, financial and organizational capacity, references, proposed approach and methodology, experience with Investment Grade Audits, understanding of applicable New York State requirements, and other criteria determined to be relevant by the City.
The City shall reserve the right to request additional information, conduct interviews or presentations, negotiate the scope and terms of professional services, reject any or all submissions to the extent permitted by law, and take such other actions as are authorized by the RFQ and applicable law.
Section 4. Selection of Energy Services Company. Following evaluation of the responses to the RFQ, the City may select the ESCO determined to be best qualified to provide the professional services contemplated by the RFQ.
Any such selection shall be subject to all applicable legal requirements, required approvals, and the execution of a written agreement approved in accordance with applicable law.
Section 5. Limited Initial Services and Investment Grade Audit. Following ESCO selection, the City may, subject to separate authorization and the availability and appropriation of funds, negotiate and enter into a limited agreement for preliminary professional services, which may include facility assessments, an Investment Grade Audit, energy-savings analysis, development of energy conservation measures, engineering analysis, financing evaluation, and preparation of a proposed Energy Performance Program.
Any such agreement shall define the scope of services, compensation, deliverables, schedule, reporting requirements, ownership of work product, and other applicable terms and conditions.
Section 6. No Authorization of Construction or Energy Performance Contract. The authorization provided by this Ordinance is limited to soliciting and selecting qualified professional services and, if separately authorized, preliminary program-development services.
Nothing contained herein shall be construed as:
1. Authorizing the City to proceed with construction or installation of energy conservation measures;
2. Authorizing the execution of a comprehensive Energy Performance Contract;
3. Authorizing the City to incur indebtedness or enter into a financing arrangement;
4. Approving any specific energy conservation measure or capital improvement project;
5. Approving any guaranteed savings amount;
6. Authorizing the expenditure of funds except as separately appropriated and authorized; or
7. Committing the City to proceed with any project recommended by an ESCO.
Any decision to proceed with an Energy Performance Contract, financing arrangement, construction, equipment acquisition, or other capital improvement shall be subject to further review and authorization by the appropriate City officials and governing bodies in accordance with applicable law.
Section 7. Financial and Legal Review. Prior to execution of any agreement resulting from the RFQ, the proposed agreement shall be reviewed by the appropriate City departments and officials, including the Department of Finance and the Law Department, as applicable.
Any proposed Energy Performance Contract or financing arrangement resulting from the program shall be subject to additional fiscal, legal, procurement, engineering, and governmental review and approvals as may be required by applicable law.
Section 8. Funding. Any expenditure authorized under this Ordinance shall be made only from funds duly appropriated and legally available for that purpose.
No provision of this Ordinance shall be construed as appropriating funds or authorizing an expenditure in excess of an amount subsequently approved by the appropriate City authority.
Section 9. Municipal Oversight and Reporting. The Mayor, or his/her designee, shall oversee the RFQ process and coordinate with the appropriate City departments and officials concerning the evaluation of responses and any subsequent program-development activities.
The City shall maintain appropriate documentation concerning the RFQ, selection process, agreements, audits, recommendations, projected savings, proposed improvements, and related program materials.
Any recommendations developed through the process shall be presented to the appropriate City officials for review before the City undertakes any subsequent phase of the program.
Section 10. Compliance with Applicable Law. All actions taken pursuant to this Ordinance shall comply with applicable provisions of the New York State Energy Law, the General Municipal Law, the New York State Public Authorities Law, the City Charter, the Mount Vernon City Code, applicable procurement requirements, and all other applicable federal, state, and local laws, rules, regulations, and policies.
Nothing herein shall be construed to waive any competitive bidding, procurement, public hearing, financing, environmental, or other legal requirement that may apply to any subsequent phase of the program.
Section 11. Severability. If any clause, sentence, paragraph, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Section 12. Effective Date. This Ordinance shall take effect immediately upon adoption by the City Council.