Mississippi law guarantees that the $2.8 million energy savings project approved by the Board of Supervisors must pay for itself — or the contractor writes a check for the difference. Here are the facts every Yazoo County citizen deserves to know.
These are not projections from a sales pitch. They are guaranteed figures backed by a legally binding contract and Mississippi state law.
This is not a new proposal. The Board of Supervisors has voted, signed, and approved this project at every stage. The following is the documented public record.
Yazoo County engages Upchurch Services for an Investment Grade Audit of county facilities.
Yazoo County selects Upchurch Services through a competitive RFQ process as its Energy Service Company.
Both parties execute the Master Development Agreement, formalizing the project scope and terms.
The Board of Supervisors executes the Energy Savings Performance Contract (ESPC) — a legally binding agreement for $2.8 million in infrastructure upgrades.
The Board of Supervisors passes a resolution authorizing the financing. Board President Joseph Thomas, Jr. and Supervisor David Peyton sign the resolution and the Prime Capital Funding term sheet. The vote carries 3–1.
Supervisor Lee Moore, who voted yes, stated publicly: "The $809,000 would be on top of the $2.8 million recuperated" — demonstrating clear understanding that the project generates a net financial benefit for the county.
Concerns about whether Yazoo County can "afford" this project misunderstand how Energy Savings Performance Contracts work — and what Mississippi law requires.
Under Mississippi Code Section 31-7-14, every ESPC must contain a guarantee of savings clause. The Mississippi Secretary of State's official Energy Performance Contracting Manual, Rule 4.9, states explicitly:
"The guaranteed savings must be more than sufficient to pay the total costs of the project over the guarantee period."
This is not a promise from a contractor. It is a legal requirement enforced by the State of Mississippi. If the savings fall short, Upchurch Services writes a check for the difference. The county bears no financial risk.
Miss. Code Ann. § 31-7-14 requires the savings guarantee. This is not optional — it is the law.
The Mississippi Development Authority's Office of Energy pre-qualifies all ESCOs and oversees every project.
The project is financed through the energy and operational savings it generates. No new taxes. No new line items in the county budget.
The county has an approved, locked financing rate from Prime Capital Funding. Every day of delay risks losing this rate — which would change the economics entirely.
The choice is between spending $2.8 million now — paid entirely by energy savings — or spending far more later, out of the county's general fund, when aging systems fail on their own terms.
These are not testimonials from a brochure. They are on-record statements from elected officials and administrators at peer Mississippi communities — communities that chose to act.
"Their team took the time to thoroughly assess our energy needs, provide clear and transparent options, and offer tailored solutions to reduce our energy costs."
"What truly sets Upchurch Services apart is their exceptional customer service. They proactively provide helpful advice on how to optimize our energy consumption."
"Our children now have a great learning environment."
"Sunflower County completed Phase 1 of their energy savings project — including the county jail — and is now executing Phase 2, expanding the program across the rest of their county buildings. That is what a satisfied client looks like."
Sunflower County government completed Phase 1 of their energy savings project — which included the county jail — and is now voluntarily executing Phase 2, expanding the program across the rest of their county buildings.
A county government does not voluntarily commission a second phase of work unless the first phase delivered exactly what was promised. That is the strongest endorsement any contractor can receive.
The 23 facilities in this project are the buildings where Yazoo County citizens go to pay taxes, access services, and where first responders work every day. Many are running mechanical systems that are decades past their useful life.
Commercial HVAC systems have a useful life of 15–20 years. When they fail without a planned replacement, emergency procurement costs 150–200% more than a scheduled replacement. The county has no reserve fund for this scenario. An emergency failure at the jail or the 911 Emergency Center would require an immediate, unbudgeted expenditure — which is precisely the kind of spending that forces tax increases.
Energy Savings Performance Contracting is not a new idea or an untested concept. It is a state-endorsed, widely adopted program used by counties, school districts, universities, and state agencies across Mississippi. Yazoo County would not be a test case — it would be joining a proven program.
Yazoo County would be the only county in the Mississippi Delta to turn this down.
Upchurch Services, LLC is headquartered in Greenwood, Mississippi — right here in the Delta. Founded in 1972, the company has over five decades of history serving Mississippi communities. They are not an outside firm extracting money from Yazoo County. They are a local employer, a Mississippi taxpayer, and a neighbor.
Unlike national ESCO firms that subcontract work to out-of-state companies, Upchurch self-performs the work with their own Mississippi-based crews. That means the money spent on this project stays in Mississippi — in wages, in local procurement, and in the community.
Upchurch is a pre-qualified Energy Service Company under the Mississippi Development Authority's Office of Energy — meaning the State of Mississippi has already vetted their qualifications, their financial standing, and their track record.
The Board already voted to approve this project. Let them know you expect them to follow through on their commitment to Yazoo County taxpayers.