Administrative Abatement

REQUEST FOR PROPOSAL NO. 2026-RFP-17

Administration Property Abatement and Resolution Process and Code Review

RFP Due Date: 2:00 P.M., May 8, 2026

Location: City of Joplin

2nd Floor

602 South Main Street

Joplin, MO 64801

Staff: Tony Robyn, Assistant City Manager

Email: trobyn@joplinmo.org

Phone: 417-624-0820 Ext. 1203

Sealed proposals will be received by the City Manager’s Office at the specified location until the time and date cited above. Only proposals received by the correct time and date will be recorded.

Proposals must be submitted in an envelope with the Request for Proposal number and the Vendor’s name and address clearly indicated on the envelope. All proposals must be completed in ink or typewritten and submitted by the time and date above. Consultants are strongly encouraged to carefully read the entire Request for Proposal.

NOTICE TO BIDDERS

The City of Joplin, Missouri will accept sealed bid proposals until May 8, 2026, at 2:00 pm. as set forth in the bid packet to PROCURE the following service:

Administration Property Abatement and Resolution Process and Code Review

The RFP is available from Tony Robyn, Assistant City Manager, by calling 417-624-0820 ext. 1203 or by emailing trobyn@joplinmo.org. Any bids received after the specified deadline will not be considered.

The City reserves the right to evaluate all bids, to reject any or all bids and re-bid at a later date. The City may waive any irregularities in the bid or negotiate variances from specifications and make awards that are in the best interests of the City. The City will have final decision in all matters regarding acceptance of bids and issuance of awards.

The City encourages minority and female-owned businesses to submit bids on all City purchases.

Leslie Haase, CPA, CMA

Finance Director

Publication Date: April 10, 2026

City of Joplin

Request for Proposals (RFP)

Administrative Property Abatement and Resolution Process and Code Review

RFP No.: 2026-RFP-17

Issue Date: April 10, 2026

Proposals Due: 2:00pm, May 8

Contact: Assistant City Manager, Attn: Tony Robyn trobyn@joplinmo.org

1. Purpose & Background

The City of Joplin seeks a qualified legal compliance firm to design and deliver a comprehensive administrative private property abatement review and resolution process that ensures timely, consistent, and defensible handling of nuisance, health, and zoning-related violations. The process must integrate Code Enforcement, Health Department, Planning, Police, Fire, Legal, and Municipal Courts, and align with applicable City of Joplin ordinances, zoning code, Federal statutes, and Missouri state law (e.g., nuisance, property maintenance, health/sanitation, lien/assessment authority).

The City’s goals are to:

1) Improve consistency and due process;

2) Create a tiered, escalating compliance framework;

3) Enable resilient administrative abatement with cost recovery; and

4) Reduce cycle times from complaint to final resolution;

5) Align city codes and ordinances to support.

2. Scope of Work

2.1 Legal & Regulatory Alignment

Review all relevant City codes/ordinances, including but not limited to: property maintenance, nuisances, solid waste, overgrowth, vacant/abandoned properties, illegal encampments, zoning/land use, health code, dangerous buildings, and related enforcement provisions. Identify best practices in other communities to address repeat violators and troubled properties ordinances.

Map local provisions to Missouri Revised Statutes related to administrative municipal nuisance abatement, administrative penalties, liens/special assessments, due process, and any municipal court procedures and when to implement.

1) Deliver detailed recommendations to update, align, and propose potential new Joplin Municipal Codes:

a. Clarify authority and jurisdiction of each department;

b. Standardize and streamline notice, service, and appeal provisions;

c. Define administrative hearing/review authority and standards; (e.g. Nuisance Board of Appeals)

d. Define abatement authorization (emergency vs. non-emergency) and cost recovery (lien/assessment);

e. Establish administrative fines/penalties and escalation schedules;

f. Ensure alignment with zoning/land use enforcement and any special districts and properties.

g. Provide model ordinance(s) language and a redline/strikeout draft for adoption.

Deliverable: “Legal & Code Alignment Memo” and draft ordinance amendments (track changes), with citations and a compliance checklist.

2.2 Process Design: End-to-End Review & Resolution

Design a standardized workflow from intake (complaint or proactive) through inspection, notice, re-inspection, administrative review, abatement authorization, penalty assessment, court referral (if/as needed), and closeout.

Define decision points and service-level targets (e.g., inspection within X days; re-inspection windows; abatement queueing; court filings).

Integrate interdepartmental roles (Code Enforcement, Health, Planning, Police, Fire, City Attorney/Legal, Municipal Court).

Document conflict resolution and tie-breaker logic for overlapping authorities (e.g., when health and code both apply).

Specify data/information flow, system-of-record, and handoffs (case management system, document management, evidence, media, notices).

Deliverable: A finalized Process Map & Procedure Playbook suitable for training.

2.3 Outcomes & Escalation Framework

Recommend a tiered Outcome Matrix including:

1) Abatement (City-performed and/or contractor-performed),

2) Stipulated Compliance Plan with milestones

3) Administrative fines/penalties (with first/second/subsequent schedules and aggravating/mitigating factors)

4) Referral to Municipal Court (for recalcitrant or severe violations and legal determinations, and identify threshold).

5) Define emergency abatement criteria; due process steps; post-abatement cost recovery (invoicing, liens, special tax assessments).

6) Provide standardized notice templates for each outcome and escalation step.

7) Deliverable: Outcome & Escalation Matrix, with templates and a penalty schedule.

2.4 Policies & Procedures

1) Create a policy and procedure manual to operationalize the process to include:

a. Intake and classify; prioritization & risk tiers (life-safety; health hazard; blight).

b. Field inspection standards; documentation & evidence retention (photos/video).

c. Standard Notice of Violation issuance and service requirements.

d. Administrative Review Panel composition, quorum, agenda standards, and decision recording.

e. Authority to abate: thresholds, approvals, right-of-entry forms, procurement steps.

f. Cost accounting (labor, contract, overhead), invoicing, lien/assessment steps.

g. Coordination with Municipal Court; court packet preparation and testimony standards.

h. Appeals & hearings processes; timelines and service.

Deliverable: Policy & Procedure Manual (PDF and editable source), with quick-reference job aids.

2.5 Process Documentation

• End-to-end workflow diagram for operational use and staff training

2.6 Deliverables

1. Legal and code alignment memo with draft ordinance updates

2. Process map and enforcement playbook (workflow and SOP summary)

3. Outcome and escalation matrix

4. Policy and procedure manual with job aids

5. Standardized, fillable forms and templates

6. Training materials, including train-the-trainer resources

7. Optional implementation support

2.7 Standard Forms & Templates (Fillable)

• Complaint intake

• Inspection report and notice of violation

• Administrative review docket

• Abatement authorization and right-of-entry

• Cost recovery invoice

• Administrative penalty notice

• Stipulated compliance plan

• Municipal court referral cover

• Appeal/hearing request

All templates will be delivered as fillable PDF and Word documents compatible with City systems.

2.8 Training & Change Management (Cost Optional Add Alternate)

• Cross-department training for field, supervisory, legal, court, and administrative staff

• Quick-reference guides for common enforcement scenarios

• 30/60/90-day post-implementation review and adjustment plan

2.9 Implementation Support (Cost Optional Add Alternate)

• Advisory support to align City systems (case management, permitting, documents, payments)

• Pilot support, staff shadowing, and process refinement

3. Proposal Requirements

A. Letter of Introduction and Interest

B. Project Understanding & Approach

Code/legal review plan; stakeholder engagement; process design methodology; due process framework; equity/ADA/language access plan.

C. Work Plan & Schedule

Milestones, workshops, drafts, training, go-live; assume 12–16 weeks for base scope.

D. Team & Qualifications

Project manager; municipal code enforcement experience; public health/zoning; municipal court procedure; Missouri law familiarity.

E. Relevant Experience / Case Studies

Three similar municipal engagements (references with contact info). Direct experience with this specific request preferred.

F. Deliverables & Format

Formats and source files in Word and/or PDF

G. Cost Proposal

Lump sum by phase and optional add alternates (implementation support, ordinance drafting beyond scope, systems configuration).

4. Evaluation Criteria

Approach & Methodology (15%)

Qualifications & Staff Experience (15%)

Understanding of Missouri municipal authority and due process (25%)

Schedule & Staff Capacity (15%)

Cost (30%)

The City may invite top proposers for presentations/interviews.

5. Meetings & Engagement Needs

1. Project kickoff (department leads and Legal and Court)

2. Code/Ordinance discovery and workshop (with draft alignment memo)

3. Process design workshops (cross-functional)

4. In-person Council Presentation of Final Draft

6. Schedule (Target)

RFP Release: April 10, 2026

Questions Due: April 24, 2026

Proposals Due: 2:00pm, May 8, 2026

Interviews if needed: May 15, 2026

Selection/Notice of Award: May 2026

Kickoff: June 2026

Draft Deliverables: TBD

Final Deliverables: TBD

7. Administrative Terms

Submission mailed to 602 S Main, Joplin, Mo 64801 with (4) hard copies and (1) flash drive with PDF/Word document and labeled with RFP Name and Number.

RFP Posted in City Bid Center portal https://www.joplinmo.org/Bids.aspx; proposers are responsible for checking for updates and addenda.

Public Records: Proposals are public records to the extent required by law

Insurance: Evidence of general liability, professional liability (E&O), workers’ compensation (per Missouri requirements).

Conflict of Interest: Disclose any potential conflicts; City reserves right to disqualify.

No Obligation: City may reject any/all proposals, waive informalities, and cancel the RFP.

8. City/Consultant Responsibilities

City Provides: Access to codes/ordinances; sample case files, and proposed ordinances; Staff in Code, Health, Planning, Police, Fire, Court; Communications for branding templates.

Consultant Provides: Qualified staff; facilitation; legal alignment analysis; all deliverables; version-controlled document library.

9. Section V General Information and Requirements

Minimum Effective Period of Proposal

All proposals are required to remain in effect for at least 90 days from the date submitted to the City for review. This should be taken into account during budget preparations.

Public Information

All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure.

MBE/WBE

Please state how your firm or any potential sub-contractors participate in the Minority and Women Business Enterprise Initiative (MBE/WBE).

Type of Contract

The final contract form shall be negotiated between and be mutually acceptable to the parties. Any contract(s) resulting from this effort will be negotiated at the sole discretion of City of Joplin, and/or their agents.

No Lobbying

Respondent acknowledges and accepts that from the Date of Issuance of the RFP until a final decision has been made by the City, it will not take any action, make any effort or support or engage others on its behalf to take actions or efforts with attempt to influence the decision-making process for this RFP in the favor of the Respondent. This includes direct contact with the City Council, City Manager and City staff of the City of Joplin, and others who may be engaged in the process or grant program.

Additionally, the Respondent acknowledges and accepts that it will not attempt to use public communication such as the news media, social media, etc. as a means of attempting to influence the RFP evaluation or decision-making process. Any Respondent violating any of the aforementioned conditions is subject to immediate disqualification from consideration.

City’s Reservation of Rights

The City may evaluate the Responses based on the anticipated completion of all or any portion of the Project. The City reserves the right to reject any and all Responses and re-solicit for new Responses, or to reject any and all proposals and temporarily or permanently abandon the Project. The City makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP.

Acceptance of Evaluation Methodology

By submitting its Responses to this RFP, Respondent accepts the evaluation process and acknowledges and accepts that the determination of the “most qualified” firm(s) will require subjective judgments by the City.

No Reimbursement for Costs

The Respondent acknowledges and accepts that any costs incurred from the Respondent’s participation in this RFP shall be at the sole risk and responsibility of the Respondent.

Eligible Respondents

Only individual firms or lawfully formed business organizations may apply (this does not preclude a Respondent from using consultants). The City will contract only with the individual firm or formal organization that submits its Responses. Legal firms specialized in compliance are preferred.

Reference Checks

Respondent acknowledges and accepts that through the RFP evaluation process reference checks and background investigation may be conducted as a part of the due-diligence process.

Nonconforming Terms and Conditions

A proposal that includes terms and conditions that do not conform to the terms and conditions in the RFP is subject to rejection as non-responsive. The City reserves the right to permit the Respondent to withdraw nonconforming terms and conditions from its proposal prior to a determination by The City of non-responsiveness based on the submission of nonconforming terms and conditions.

Responses that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to rejection by the City, at its option. Failure to comply with requirements contained in this RFP may result in the rejection of the Responses.

Debarment

By submitting a proposal, the Respondent certifies that it is not currently debarred from submitting proposals for contracts issued by any political subdivision or agency of the State of Missouri or the Federal government and that it is not a person or entity that is currently debarred from submitting proposals for contracts issued by any political subdivision or agency of the State of Missouri or the Federal government. Respondents must be registered at SAM.GOV to be eligible.

Stylistic Considerations

The City’s official font is Tahoma. The official color palette is RGB: Regal Blue 18 58 84, Blue Lagoon 0 91 130, Storm Dust 95 95 93, Wasabi, 131 162 38, Buttered Rum 209 177 14, Rust 191 80 11.

Rejection

The City makes no representations of any kind that an award will be made as a result of this RFP or subsequent interview or recommendation. The City reserves the waive any formalities or minor technical inconsistencies or delete any item/requirements from this RFP when deemed to be in City’s best interest.

 

THE CITY OF JOPLIN

Administrative Property Abatement and Resolution Process and Code Review #2026-RFP-17

Company

Address

Contact Person

Telephone Number

Email

NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE. THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH THE RESPONDENT'S QUALIFICATIONS. FAILURE TO COMPLETE, SIGN AND RETURN THIS EXECUTION OF OFFER WITH THE QUALIFICATIONS MAY RESULT IN REJECTION OF THE QUALIFICATIONS.

SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED QUALIFICATIONS OR ANY AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY RESULT FROM THE SUBMISSION OF RESPONDENT’S QUALIFICATIONS, AND THE RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS. A FALSE CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT THE CITY'S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT.

By signature hereon, Respondent acknowledges and agrees that (1) this RFP is a solicitation for Interest and is not a contract or an offer to contract; (2) the submission of Responses by Respondent in response to this RFP will not create a contract between the City and Respondent; (3) Neither the City or the Committee, or any of their representatives, have made a representation or warranty, written or oral, that one or more contracts with the City will be awarded under this RFP; and (4) Respondent shall bear, as its sole risk and responsibility, any cost which arises from Respondent's preparation of a response to this RFP.

By signature hereon, Respondent offers and agrees to furnish to the City all of the products and/or services more particularly described in its Responses, and to comply with all terms, conditions and requirements set forth in the RFP documents and contained herein.

By signature hereon, Respondent affirms that they have not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant, elected officials, leadership or staff of the City or partner organizations in connection with the submitted Responses.

By signature hereon, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership or Developer represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, or the Federal antitrust laws, nor communicated directly or indirectly the Responses made to any competitor or any other person engaged in such line of business.

By signature hereon, Respondent represents and warrants that:

Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of the RFP;

Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the RFP;

By signature hereon, Respondent certifies that the individual signing this document and the documents made part of the RFP is authorized to sign such documents on behalf of the company and to bind the company under any agreements or other contractual arrangements, which may result from the submission of the Response.

By signature hereon, Respondent affirms that no compensation has been received for participation in the preparation of the specifications for this RFP.

By signature hereon, Respondent affirms that it has not violated any of the noted No-Lobbying provisions or specification contained in this RFP.

By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the City and the Committee, all of their officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any agreements or other contractual arrangements which may result from the submission of these Responses

Submitted and certified this day of __________.

BY:

Signature Date:

Name (Printed):

Title:

Signature:

EXAMPLE AGREEMENT

FOR CONSULTING SERVICES

THIS AGREEMENT is made and entered into this _____ day of _____, 2026, by and between the City of Joplin, Missouri, a Missouri Municipal Corporation, hereinafter referred to as “City,” and __________, hereinafter referred to as “Consultant,” and with City and Consultant being referred to collectively as “the Parties.”

WITNESSETH:

WHEREAS, City desires to retain a professional Consultant to provide services as described in City’s Request for Proposals for Administrative Abatement Policy

#2026-RFP-17, attached hereto and incorporated by reference as Exhibit A; and

WHEREAS, Consultant desires to provide professional services pursuant to the terms of this agreement, as described in Consultant’s Bid Proposal Summary, attached hereto and incorporated by reference as Exhibit B; and

WHEREAS, City has selected Consultant as the lowest and best bidder based on full consideration of all factors, preferences, and conditions deemed applicable by City as described in the Formal Bid Tabulation Form; attached hereto and incorporated by reference as Exhibit C.

NOW, THEREFORE, in exchange for valuable consideration each received from the other, the receipt and sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

1. Scope of Work and Payment.

a. City agrees to engage Consultant for performance, and Consultant agrees to perform, the scope of services, duties and responsibilities described in Exhibits A and B within the time specified therein.

b. The services of Consultant shall commence only as authorized in writing by City and shall be undertaken and completed as promised by Consultant as described in Exhibits A and B.

c. City agrees to pay Consultant in accordance with the prices and terms set forth in Exhibits A and B for work authorized by City upon presentation of proper invoice and inspection by City of work completed by Consultant. Specifically, City agrees to pay Consultant __________________________($______________________).

d. All information, data, and reports as are existing, available, and necessary for the carrying out of the work, shall be furnished to Consultant without charge, and the Parties shall cooperate with each other in every way possible in carrying out the scope of services.

e. Consultant shall fully coordinate its activities in the performance of this contract with the activities of City.

f. Consultant represents that Consultant will secure the following at Consultant’s own expense: all personnel required to perform the services called for under this contract by Consultant. Such personnel shall not be employees of or have any contractual relationship with City except as employees of Consultant. All the services required hereunder will be performed by Consultant or under Consultant’s direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted without the written approval of City.

2. Amendments. The covenants and obligations herein contained are the full and complete terms of this Agreement, and no alteration, amendments, or changes to such terms shall be binding unless first reduced to writing and executed with the same formality as this Agreement.

3. Assignment. This Agreement, including payment hereunder, shall not be sub-let, assigned, or otherwise disposed of, except with the prior written consent of the City.

4. Attorney’s Fees and Expenses. If City files suit in order to enforce any term of this Agreement and is the prevailing party, Consultant shall be liable for City’s reasonable attorney’s fees and expenses. In no event shall City be liable for Consultant’s reasonable attorney’s fees and expenses.

5. Choice of Law and Venue. This Agreement has been made, and its validity, performance and effect shall be determined, in accordance with the laws of the State of Missouri and venue for litigation between the parties shall be solely and exclusively in Jasper County, Missouri.

6. Compliance with Laws. Consultant shall observe and comply with all Federal, State, and local laws and ordinances that affect those employed or engaged by it on the project, or the material or equipment used, or the conduct of the work, and shall procure all necessary licenses, permits, and insurance.

7. Confidentiality. Any reports, data, or similar information given to or prepared or assembled by the Consultant under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the City.

8. Consequential Damages. In no event shall City be liable to Contractor for special, indirect, or consequential damages.

9. Contract Documents. The contract documents shall consist of the following: this Agreement, City’s Request for Proposal, and Consultant’s Response to City’s Request for Proposal. In the event of conflict between the contract documents, this Agreement will prevail. In the event of conflict between City’s Request for Proposal and Consultant’s Response to City’s Request for Proposal, City’s Request for Proposal will prevail.

10. Counterparts. This Agreement may be signed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Facsimile signatures shall be given the same force and effect as original signatures.

11. Entire Agreement. This Agreement (including any Exhibits) contains the entire understanding of the parties with respect to the subject matter hereof. It may not be altered or amended except by an agreement in writing signed by both parties.

12. Ethics. Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, gift, or contingent fee.

13. Fiduciary Duty. Consultant owes a fiduciary duty to City, including the duty of care and the duty of loyalty. Consultant shall act in the best interest of City.

14. Headings. The headings of paragraphs in this Agreement are for convenience only. The headings form no part of this Agreement and shall not affect its interpretation.

15. Indemnification. Consultant hereby assumes all risk of, and responsibility for, and agrees to indemnify and save harmless City, from and against any and all claims, demands, suits, actions, recoveries, judgments, costs, and expenses, including reasonable attorney’s fees and expenses, therewith made, brought or obtained on account of the loss of life or property or injury or damage to the person or property of any person or persons whomsoever, whether such person or persons be Consultant, its agents or employees, or City, its agents or employees, or any third-person in any way connected with the parties hereto, which loss of life or property, or injury or damage to persons or property, shall be due to, or arise out of, result from, or be in any way connected with, this Agreement, except to the extent arising from or caused by the sole or gross negligence or willful misconduct of City, its agents or employees.

16. Independent Contractor. This Agreement does not create an employer-employee relationship between the parties. Consultant is an independent contractor and is not entitled to any benefits including health, dental, vision, disability, life, and unemployment insurance, worker’s compensation coverage, and LAGERS. Consultant is an independent contractor and not an employee for all purposes including the application of the Fair Labor Standards Act Minimum Wage and Overtime Payments, Federal Insurance Contribution Act, Social Security Act, Federal Unemployment Tax Act, and the provisions of the Internal Revenue Code, Missouri Revenue and Taxation Laws, and Missouri's Worker Compensation Laws and Unemployment Insurance Laws.

17. Insurance. Consultant shall maintain for itself general liability, automobile liability, workers’ compensation, fidelity bond, and errors and omissions insurance coverage, as may be customary in the industry, but in no event, less than the limits required by law.

18. Intellectual Property. Any information, know-how, data, results, inventions, and any associated intellectual property, that is made, discovered, created, invented, or generated by Consultant in any activities or work under this Agreement shall be owned by City.

19. Non-Appropriation. Notwithstanding any provision herein to the contrary, City is obligated only to make the payments set forth in the attached contract as may lawfully be made from funds budgeted and appropriated for that purpose during City’s then current fiscal year at the discretion of City. If no funds are appropriated or otherwise made legally available to make the required payments for this Agreement during the next occurring fiscal year (an “Event of Nonappropriation”), this Agreement will terminate at the end of the then current fiscal year as if terminated expressly. The failure or inability of City to appropriate funds for this Agreement in any subsequent fiscal year shall not be deemed a breach of this Agreement by any party.

20. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to City and Consultant at the addresses as follows:

City of Joplin, Missouri

ATTN: LEGAL, Peter Edwards

602 S. Main St.

Joplin, MO 64801

The date of delivery of any notice given by mail shall be the date falling on the second full day after the day of its mailing.

21. Records and Audits. The Consultant shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds. These records will be made available for audit purposes to the City or any authorized representative and will be retained for three years after the expiration of this Contract.

22. Representations. The signatories hereto represent and warrant that they have read this Agreement, that they are fully authorized in the capacities shown, that they understand the terms of this Agreement, and that they are executing the same voluntarily and solely for the consideration described herein.

23. Severability. If any of the provisions of this Agreement shall be construed to be invalid or illegal, the legality or validity of the other provisions of this Agreement shall not be effected thereby. Any illegal or invalid provision of this Agreement shall be severable and any other provisions shall remain in full force and effect.

24. Termination. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant’s obligations under this contract, or if Consultant shall violate any of the covenants, agreements, or stipulations of this contract, City shall thereupon have the right to terminate this contract by giving written notice to Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. City may, without cause, terminate this contract upon thirty (30) day's prior written notice. In either such event, all finished or unfinished documents, data, studies, reports, or other materials prepared by the Consultant shall, at the option of City, become its property. Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed. Notwithstanding the above, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any such breach of the contract by Consultant.

25. Third-Party Beneficiaries. This Agreement shall not confer any rights or remedies upon any person other than the parties and their respective successors and permitted assigns.

26. Unauthorized Aliens. That pursuant to Missouri Revised Statute Sections 285.525 through 285.555, if this contract exceeds the amount of $5,000.00 and Consultant is associated with a business entity, Consultant shall provide an acceptable notarized affidavit stating that the associated business entity is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the contracted services, and that said business entity does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. Additionally, Consultant must provide documentation for said business entity evidencing current enrollment in a federal work authorization program.

27. Waiver. Waiver of any provision of this Agreement or breach of this Agreement shall not thereafter be deemed to be a consent by the waiving party to any further waiver, modification or breach by the other party, whether new or continuing, of the same or any other covenant, condition or provision of this Agreement. Failure by one of the parties to this Agreement to assert its rights for any breach of this Agreement shall not be deemed a waiver of such rights.

IN WITNESS WHEREOF, the Parties have hereunto set their hands the date first above written.

CITY OF JOPLIN, MISSOURI

Nick Edwards, City Manager

By: _____________________________

ATTEST:________________________Holly Nagy, City Clerk

Certification Regarding Lobbying

The undersigned (Contractor) certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of te undersigned, to any person for influencing or attempting to influence an officer or employee of an 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.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to 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 (as amended by “Government wide Guidance for New Restrictions on Lobbying,” 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L 104-65, to be codified at 2 U.S.C. 1601, et seq.)

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and nor more than $100,000 for each such failure.

Note: Pursuant to 31 U.S.C. 1352©(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or emend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.

The Contractor, ________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if an.

Signature of Contractor’s Authorized Official

_______________________________________

Name and Title of Authorized

Official Date___________