Board of Estimate and Contract:
RESOLVED, that an Ordinance adopted by the City Council on September 23, 2026, and signed by the Mayor on September 24, 2026, authorizing the Establishment of a Qualified Professional / Contractor List (PQL) and Master Services Agreement (MSA) Framework for City Capital Projects - (no Task Order, MSA, or other instrument established pursuant to this Ordinance shall be construed to authorize an expenditure of funds beyond an amount lawfully appropriated, encumbered, or otherwise made available for the applicable purpose.
All project expenditures shall remain subject to applicable budgetary, fiscal, procurement, legislative, executive, legal, auditing, and other governmental requirements.
Nothing herein shall be construed as authorizing the expenditure of funds without an available and legally authorized funding source.); be, and the same is hereby approved.
City Council:
AN ORDINANCE AUTHORIZING THE
ESTABLISHMENT OF A QUALIFIED
PROFESSIONAL/CONTRACTOR LIST (PQL)
AND MASTER SERVICES AGREEMENT (MSA)
FRAMEWORK FOR CITY CAPITAL PROJECTS
Whereas, in correspondence dated September 1, 2026, the Chief of Infrastructure and Capital Improvements of the City of Mount Vernon has formally requested authorization for the establishment and administration of a Qualified Professional/Contractor List (“PQL”) and Master Services Agreement (“MSA”) framework for City capital projects, professional services, construction-related services, infrastructure improvements, municipal facilities, and other authorized projects, subject to all applicable laws, procurement requirements, funding conditions, and required governmental approvals; and
Whereas, the City of Mount Vernon (the “City”) owns, operates, maintains, and is responsible for a substantial portfolio of municipal infrastructure and public assets, including, but not limited to, municipal buildings and facilities, roadways, water infrastructure, sanitary sewer infrastructure, stormwater and drainage systems, bridges, parks, parking facilities, public safety facilities, and other public improvements; and
Whereas, the City has an ongoing obligation to properly plan, procure, administer, construct, maintain, rehabilitate, and protect such public infrastructure and municipal properties in a manner that promotes public safety, fiscal responsibility, regulatory compliance, transparency, accountability, and the efficient use of public resources; and
Whereas, the City's capital needs arise continuously and include, among other things, deteriorated roadways, water-main failures, sewer rehabilitation, drainage deficiencies, damaged roofs and building systems, structural concerns, regulatory requirements, emergency conditions, grant-funded projects, and other necessary capital improvements; and
Whereas, the City recognizes that its capital program encompasses both vertical capital construction, including municipal buildings, public safety facilities, structural rehabilitation, roofs, building envelopes, mechanical, electrical, and plumbing systems, code compliance, and accessibility improvements, and horizontal capital construction, including roadways, water mains, sanitary sewers, stormwater systems, drainage, excavation, utility work, paving, and other heavy civil infrastructure; and
Whereas, these different categories of capital work require different professional qualifications, construction expertise, means and methods, regulatory considerations, risk management, and project-delivery requirements; and
Whereas, the City has historically been required to undertake substantial administrative and procurement efforts on a project-by-project basis, including repeatedly identifying and procuring professional services, preparing project-specific contractual documents, conducting evaluations, negotiating terms, and completing the applicable legal, financial, legislative, executive, and procurement reviews before work may commence; and
Whereas, the City desires to establish a more deliberate, predictable, accountable, and responsive capital-project delivery framework while continuing to comply fully with all applicable provisions of New York State law, the Mount Vernon City Charter, the Mount Vernon City Code, City policies, applicable procurement requirements, funding requirements, and all required governmental approvals; and
Whereas, the City proposes to establish a Qualified Professional/Contractor List (“PQL”) consisting of firms that have successfully demonstrated, through a formal qualification-based procurement process, the professional qualifications, experience, personnel, financial capacity, licensing, insurance, regulatory compliance, references, and other qualifications deemed appropriate for the applicable category of work; and
Whereas, admission to a PQL shall establish only that a firm is qualified to be considered for future assignments and shall not, by itself, entitle any firm to receive a contract, Task Order, payment, or other City work; and
Whereas, the City further proposes to establish Master Services Agreements (“MSAs”) with qualified firms admitted to the applicable PQL, which MSAs shall establish standardized contractual terms governing the relationship between the City and the qualified firm, including, as applicable, insurance, indemnification, licensing, compliance, invoicing, records retention, audit rights, applicable laws, grant requirements, confidentiality, personnel, conflicts of interest, termination, ownership of documents, and other appropriate contractual protections; and
Whereas, an MSA shall not constitute an authorization for unlimited services, an unrestricted expenditure of public funds, a blanket construction authorization, or a delegation of governmental authority to a private firm; and
Whereas, individual services or construction-related assignments shall be authorized, as applicable, through project-specific Task Orders or other legally required procurement and contracting instruments establishing the project, scope of work, deliverables, schedule, personnel, compensation, not-to-exceed amount, funding source, applicable regulatory or grant requirements, insurance and compliance requirements, and other project-specific conditions; and
Whereas, the proposed framework establishes a clear distinction whereby the PQL establishes qualification, the MSA establishes the contractual rules and relationship, and the Task Order establishes the specific project assignment; and
Whereas, the City intends to maintain appropriate separation, where warranted, among professional design services, construction administration, inspection, project management, and physical construction, thereby allowing the City to obtain independent professional oversight and reducing the potential for a single entity to design, administer, inspect, and effectively evaluate its own work; and
Whereas, the City has already undertaken or initiated Requests for Qualifications (“RFQs”) and other qualification-based procurement processes for professional services relating to vertical construction, engineering, infrastructure, regulatory compliance, and other municipal needs, and the proposed PQL/MSA framework is intended to build upon and enhance such procurement efforts rather than eliminate or circumvent them; and
Whereas, the City is presently managing significant infrastructure and capital obligations associated with, among other matters, regulatory compliance, the Consent Decree, requirements of the New York State Department of Environmental Conservation (“NYSDEC”), sewer rehabilitation, stormwater management, water infrastructure, Lead Service Line replacement, municipal building rehabilitation, and other capital improvements, many of which may involve State or Federal funding requirements, deadlines, reporting obligations, and eligibility requirements; and
Whereas, the establishment of a qualified pool of professional firms and contractors will permit the City to plan more effectively for anticipated capital needs and to obtain qualified expertise through a controlled and repeatable procurement framework while maintaining project-specific review and authorization; and
Whereas, the proposed framework is intended to promote fiscal responsibility by reducing repetitive administrative procurement efforts, facilitating comparison of project-specific scopes and compensation, and enabling the City to utilize established qualifications, rates, personnel, and contractual requirements where legally permissible; and
Whereas, nothing contained herein is intended to eliminate, circumvent, diminish, or supersede the authority or responsibilities of the City Council, Board of Estimates, Mayor, Comptroller, Corporation Counsel, Procurement Department, Department of Public Works, or any other City department, officer, board, commission, or governmental body having authority or responsibility under applicable law or City policy; and
Whereas, the City Council finds that establishing a PQL/MSA framework will provide a more organized and accountable structure for the delivery of City capital projects while preserving competition, transparency, fiscal controls, professional responsibility, procurement integrity, and governmental oversight;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, NEW YORK, AS FOLLOWS:
Section 1. Authorization and Purpose. The City Council hereby authorizes the establishment and administration of a Qualified Professional/Contractor List (“PQL”) and Master Services Agreement (“MSA”) framework for City capital projects, professional services, construction-related services, infrastructure improvements, municipal facilities, and other authorized projects, subject to all applicable laws, procurement requirements, funding conditions, and required governmental approvals.
The purpose of this Ordinance is to establish a controlled, transparent, qualified, and repeatable framework through which the City may identify qualified firms in advance and utilize such firms for subsequently authorized project-specific assignments.
Section 2. Establishment of Qualified Professional/Contractor List. The City is hereby authorized to establish and maintain one or more PQLs consisting of qualified professional-service firms and contractors organized by discipline, specialty, construction category, or other appropriate classification.
The PQL may include, as appropriate:
1. Architecture;
2. Civil engineering;
3. Structural engineering;
4. Mechanical engineering;
5. Electrical engineering;
6. Plumbing engineering;
7. Environmental services;
8. Land surveying;
9. Construction administration;
10. Construction inspection;
11. Project management;
12. Program management;
13. Specialized technical and regulatory services;
14. Heavy civil construction;
15. Excavation;
16. Sewer and stormwater construction;
17. Water infrastructure;
18. Roadway and paving;
19. Utility construction; and
20. Such other professional or construction-related disciplines as may be determined necessary or appropriate by the City.
Section 3. Qualification Process. The establishment of each PQL shall be conducted through a formal procurement or qualification process administered in accordance with applicable law and City procurement requirements.
The applicable solicitation may require prospective firms to demonstrate, as appropriate:
1. Professional qualifications and experience;
2. Relevant project experience;
3. Qualifications and availability of personnel;
4. Professional licenses and registrations;
5. Contractor licenses or registrations, where applicable;
6. Financial capacity;
7. Insurance coverage;
8. References;
9. Regulatory compliance;
10. Safety record and qualifications;
11. Experience with municipal, State, or Federal projects;
12. Experience with grant-funded projects;
13. Capacity to meet project schedules;
14. Litigation or claims history, where legally permissible and relevant;
15. Conflicts-of-interest disclosures;
16. Compliance with applicable labor and employment requirements; and
17. Such other information as the City determines is reasonably necessary to evaluate qualifications.
Section 4. No Guarantee of Work. Admission to a PQL shall not create a right, entitlement, preference, guarantee, or expectation that a particular firm will receive any contract, Task Order, project, expenditure, or assignment from the City.
The PQL shall establish only that a firm has been determined qualified to be considered for assignments within the applicable category.
Selection for a particular assignment shall remain subject to applicable procurement requirements, project-specific evaluation and selection procedures, available appropriations, funding requirements, and all required governmental approvals.
Section 5. Master Services Agreements. The City is hereby authorized, through the appropriate municipal officers and officials and subject to applicable law and required approvals, to enter into Master Services Agreements with firms successfully admitted to an applicable PQL.
Each MSA shall establish standardized terms and conditions governing the relationship between the City and the qualified firm, which may include:
1. Scope and nature of authorized services;
2. Compensation and applicable rates or compensation methodology;
3. Insurance requirements;
4. Indemnification;
5. Licensing and professional-registration requirements;
6. Applicable Federal, State, and local laws;
7. Grant and funding requirements;
8. Recordkeeping and retention;
9. Audit rights;
10. Invoicing and payment procedures;
11. Confidentiality and data-security requirements, where applicable;
12. Conflicts of interest;
13. Personnel requirements;
14. Ownership and use of documents and work product;
15. Termination rights;
16. Compliance with City policies;
17. Performance standards;
18. Subcontracting requirements;
19. Dispute-resolution provisions; and
20. Such other terms and conditions deemed appropriate by the Corporation Counsel and other authorized City officials.
Section 6. Task Orders Required for Project-Specific Work. No firm operating under an MSA shall perform project-specific services or construction-related work solely by virtue of having entered into an MSA.
Except where otherwise expressly authorized by applicable law or an approved procurement and contracting instrument, project-specific work shall require an executed Task Order or other legally sufficient written authorization.
Each Task Order shall, as appropriate, identify:
1. The project and location;
2. The specific scope of services or work;
3. Required deliverables;
4. Project schedule and milestones;
5. Assigned personnel;
6. Compensation;
7. The not-to-exceed amount;
8. Funding source and applicable appropriation;
9. Applicable State or Federal grant requirements;
10. Applicable regulatory requirements;
11. Required insurance and compliance;
12. Required coordination with City departments;
13. Professional responsibilities;
14. Construction administration and inspection responsibilities, where applicable;
15. Any specifically delegated authority;
16. Required reporting and documentation; and
17. Such other project-specific requirements as may be necessary.
Section 7. Project Authorization and Funding. No Task Order, MSA, or other instrument established pursuant to this Ordinance shall be construed to authorize an expenditure of funds beyond an amount lawfully appropriated, encumbered, or otherwise made available for the applicable purpose.
All project expenditures shall remain subject to applicable budgetary, fiscal, procurement, legislative, executive, legal, auditing, and other governmental requirements.
Nothing herein shall be construed as authorizing the expenditure of funds without an available and legally authorized funding source.
Section 8. Preservation of Procurement Requirements. Nothing contained in this Ordinance shall be construed to waive, eliminate, circumvent, or diminish any competitive bidding requirement, request-for-proposals requirement, request-for-qualifications requirement, professional-services procurement requirement, prevailing-wage requirement, minority- and women-owned business enterprise requirement, disadvantaged business enterprise requirement, grant requirement, funding-agency requirement, or other procurement obligation imposed by Federal, State, or local law.
Where a particular project is required by law to undergo a separate procurement, competitive process, public bidding, or other procedure, such requirement shall remain fully applicable.
Section 9. Preservation of Governmental Authority. Nothing in this Ordinance shall transfer government authority from the City to any consultant, professional, contractor, or other private entity.
A firm retained pursuant to an MSA or Task Order shall have only such authority as is expressly granted by the applicable executed contractual documents or separate written authorization of the City.
No consultant, professional, contractor, or other private entity shall, solely by virtue of an MSA or Task Order:
1. Bind the City to an agreement;
2. Incur an unauthorized obligation on behalf of the City;
3. Authorize expenditures;
4. Approve unauthorized change orders;
5. Modify a City contract without proper authorization;
6. Direct City employees;
7. Alter project scope without authorization;
8. Establish governmental policy;
9. Execute contracts on behalf of the City; or
10. Exercise any other authority reserved to duly authorized City officials.
Section 10. Separation of Design, Construction, and Oversight. The City is authorized to structure individual capital projects to provide appropriate separation among design, construction, construction administration, inspection, project management, and other professional functions.
Where appropriate and permitted by law, the City may retain separate qualified firms to provide design services, construction administration, inspection, project management, or physical construction services.
Nothing in this Ordinance shall require or prohibit a particular project-delivery structure where applicable law, funding requirements, project circumstances, or professional considerations warrant a different arrangement.
Section 11. Vertical Capital Projects. The PQL/MSA framework may be utilized for vertical capital projects involving municipal buildings, public safety facilities, firehouses, administrative facilities, structural rehabilitation, roofs, building envelopes, architectural improvements, mechanical systems, electrical systems, plumbing systems, code compliance, accessibility improvements, and other real-property improvements.
Qualified professional firms may be utilized for architectural, engineering, project-management, construction-administration, inspection, and other specialized services associated with such projects.
Section 12. Horizontal Capital Projects. The PQL/MSA framework may also be utilized for horizontal capital projects involving roadways, water mains, sanitary sewer systems, stormwater systems, drainage infrastructure, excavation, utility work, paving, heavy civil construction, and other municipal infrastructure.
The City may establish separate professional and contractor PQL categories appropriate to the specialized requirements of horizontal infrastructure projects.
Section 13. Compliance with Professional Licensing Requirements. Nothing in this Ordinance shall authorize any individual or firm to perform professional services requiring a license, registration, certification, or other governmental authorization unless such individual or firm is duly licensed, registered, certified, or otherwise authorized to perform such services under applicable law.
Section 14. Administration and Oversight. The appropriate City departments and municipal officials are hereby authorized to administer the PQL/MSA framework within their respective legal authority and responsibilities.
The Procurement Department shall continue to administer applicable procurement requirements.
The Corporation Counsel shall continue to review contractual and legal matters as required.
The Comptroller shall continue to perform applicable fiscal, accounting, auditing, and financial functions.
The Mayor, City Council, Board of Estimates, Department of Public Works, and other City departments, boards, commissions, and officials shall retain all powers and responsibilities vested in them by law, the City Charter, the City Code, or duly adopted City policies.
Section 15. Performance, Evaluation, and Removal. The City may establish procedures for monitoring the performance of firms admitted to a PQL and operating under an MSA.
Such procedures may include performance evaluations, documentation of deficiencies, corrective action requirements, review of continued qualifications, suspension, removal from a PQL, termination of an MSA, or other appropriate measures, subject to applicable contractual and legal requirements.
Section 16. No Agency or Blanket Authority. Neither admission to a PQL nor execution of an MSA shall create a general agency relationship between the City and any private firm beyond the specific authority expressly established by the applicable contractual documents.
The City shall remain the owner, governmental decision-maker, and entity responsible for authorizing public expenditures and exercising governmental powers.
Section 17. Grant and Regulatory Compliance. All projects undertaken pursuant to this framework shall comply with applicable requirements imposed by Federal, State, County, or other governmental funding sources and regulatory agencies.
Where a project is supported by grant funding, bond proceeds, State or Federal assistance, or other restricted funding, the applicable Task Order, contract, procurement, and project documentation shall incorporate or otherwise comply with all applicable funding requirements.
Section 18. Records, Transparency, and Audit. All records relating to PQL qualifications, MSAs, Task Orders, project expenditures, performance, and other applicable project documentation shall be maintained in accordance with applicable law and City records-retention requirements.
Nothing in this Ordinance shall limit the applicability of the New York State Freedom of Information Law, Open Meetings Law, records-retention requirements, audit requirements, or other transparency obligations applicable to the City.
Section 19. Implementation. The appropriate City officials are hereby authorized to take all actions reasonably necessary to implement the PQL/MSA framework authorized by this Ordinance, including the development of qualification criteria, solicitation documents, standardized MSA forms, Task Order forms, evaluation procedures, performance-monitoring procedures, and other administrative documents, provided that such actions remain within the authority granted by law and this Ordinance.
Section 20. Required Approvals. Nothing contained herein shall be construed as eliminating any approval otherwise required by law, the City Charter, the City Code, City policy, an applicable collective bargaining agreement, a funding agency, or any duly authorized governmental body.
Individual MSAs, Task Orders, project authorizations, expenditures, change orders, amendments, and other contractual actions shall be presented for such approvals as are legally required.
Section 21. Severability. If any provision of this Ordinance or the application thereof to any person, entity, or circumstance is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision or application of this Ordinance, which shall continue in full force and effect.
Section 22. Effective Date. This Ordinance shall take effect immediately upon its adoption by the City Council and approval as required by law.