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Signed Contract_Lease_DISTech Integration_Federal Building Space l LEASE AGREEMENT 1 BETWEEN THE CITY OF DUBUQUE, IOWA AND 1 DISTek INTEGRATION, INC. This Lease Agreement (the Lease) dated for reference purposes the 1st day of July 2016 by and between the City of Dubuque, Iowa (Landlord) whose address for the purpose of this Lease is 50 West 13th Street, Dubuque IA 52001, and DISTek Integration, Inc. (Tenant) whose address for the purpose of this Lease is DISTek Integration, Inc., 6612 Chancellor Drive, Suite 600, Cedar Falls, Iowa 50613. SECTION 1. PREMISES AND TERM. 1.1 Landlord, in consideration of the rents, agreements and conditions herein contained, leases to Tenant and Tenant leases from Landlord, according to the terms of this Lease, the following described premises (the Leased Premises) situated in Dubuque County, Iowa: 165 sq. feet, 3rd floor Federal Building, located at 350 West 6th Street, Room 354 as shown on Exhibit A with the improvements thereon, and all rights, easements and appurtenances, which, more particularly, includes the space and premises as may be shown on attached Exhibit A, for a term of one (1) year (the Initial Term), commencing July 1, 2016 (the Commencement Date), and ending at 11:59 p.m. on June 30, 2017, upon the condition that Tenant pays rent therefor, and otherwise performs as in this Lease provided. r 1.2 Tenant has the option of renewing this Lease for two (1) one-year terms (the Renewal Terms) provided Tenant delivers notice of the exercise of such option not less than 60 days prior to the end of the then current term. 1.3 During the Term, Tenant is also permitted to use the conference room which is available to all tenants. Tenant shall also have the right to use, in common with others, (a) the entrances, lobbies, stairs, elevators and corridors necessary for access to the Leased Premises, (b) the lavatories in the building; (c) the driveways and walkways necessary for access to the building, and (d) such other common areas and facilities as Landlord may designate from time to time ((a) through (d), collectively, the "Common Areas"). SECTION 2. RENTAL. Tenant agrees to pay to Landlord as rental for the Initial Term as follows: 062016cmb 2.1 Tenant will pay to Landlord as monthly rent for the Leased Premises the sum of $1,980.00 [$12.00/sq. ft. (the Base Rent)] commencing on July 1, 2016 and on the 1st day of each month thereafter during the Initial Term of this Lease. All sums must be paid to the Finance Department at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, as Landlord may, from time to time, designate in writing. Delinquent payments will draw interest at the lower of 9% per annum from the 1 due date or the maximum rate permitted law, until paid. j 2.2 If Tenant exercises an option to renew, beginning July 1, 2017, the Base Rent will be increased annually by three percent (3%) of the previous year's Base Rent. i SECTION 3. POSSESSION. Tenant will be entitled to possession on the first day of the Term of this Lease, and must yield possession to Landlord at the end of the Lease Term, except as herein otherwise expressly provided. j SECTION 4. USE OF PREMISES. Tenant covenants and agrees during the Term of this Lease to use and to occupy the Leased Premises only for business use. i SECTION 5. QUIET ENJOYMENT. Landlord covenants that its estate in said Leased Premises is in fee simple and that Tenant, if not in default, will peaceably have, hold and enjoy the Leased Premises for the Term of this Lease. Landlord has the right to mortgage all of its right, title, and interest in said Lease Premises at any time without notice, subject to this Lease. SECTION 6. EQUIPMENT, DECORATING, REPLACEMENT, REPAIR AND MAINTENANCE. 6.1 Definitions. (1) "Maintain" means to clean and keep in good condition. O "Repair"air" means to fix and restore p esto a to good condition after damage, deterioration or partial destruction. 6.2 Condition of Premises. Tenant takes the Leased Premises in its present condition, except for such repairs and alterations as may be expressly otherwise provided in this Lease. I 6.3 Repairs and Maintenance. (1) Landlord must replace and repair the structural parts of the building. For purposes of this Lease, the structural parts of the building are (a) the foundation, exterior walls, load bearing components of interior floors and walls, and the roof; (b) the mechanical, plumbing, electrical, HVAC and other building systems; and windows, plate glass and electrical fixtures outside of the structure. 2 1 i 1 i (2) Landlord is responsible for maintenance of all common area under Landlord's control. Tenant is responsible for all maintenance within the Leased Premises. i a { (3) Each party must perform its responsibilities of repair and maintenance to the end that the Leased Premises will be kept in a safe and serviceable condition. Neither party will permit nor allow the Leased Premises to be damaged or depreciated in value by any act, omission to act, or negligence of itself, its agents or employees. 6.4 Equipment, Decorating and Alterations. (1) If Tenant desires for the following items of equipment, furnishings and fixtures to be replaced, they will be supplied and replaced by the parties as follows: Blinds: Tenant Carpet/Vinyl: Tenant (2) The foregoing equipment, furnishings or fixtures to be supplied by Tenant are subject to Landlord's prior written approval as to quality and method of installation. Such approval shall not be unreasonably withheld. Tenant will provide all trade equipment, furnishings and fixtures used in connection with the operation of its business, such as telephones, computers, desks, chairs, shelving and similar items. (3) Tenant is be responsible for all interior decorating. Tenant may not make any structural alterations or improvements without the prior written consent of Landlord. 6.5 Americans with Disabilities Act. Tenant will make no unlawful use of the Leased Premises and agrees to comply with all valid regulations of the Board of Health, City Ordinances or applicable municipality, the laws of the State of Iowa and the Federal government, but this provision is not to be construed as creating any duty by Tenant to members of the general public, provided, however, responsibility for compliance with the Americans with Disabilities Act will be performed and paid for by the parties as follows: Common areas Landlord: 100% Tenants' area Initial compliance (specify) Landlord: 100% Future compliance Landlord: 100% SECTION 7. UTILITIES, SERVICES, PROPERTY TAXES. Utilities and services will be furnished and paid for by the parties as follows: I 3 PROVIDED BY: PAID BY: % Landlord % Tenant Electricity Landlord 100 0 Gas Landlord 100 0 Water and Sewer Landlord 100 0 Garbage/Trash Landlord 100 0 Property Taxes Tenant 0 100 Janitor/Cleaning Tenant 0 100 Common areas Landlord 100 0 Other: Tenant 0 100 Tenant agrees to reimburse Landlord for the property taxes attributable to the Leased Premises and paid by Landlord within thirty (30) days after receipt of a statement from Landlord for such property taxes. SECTION 8. TERMINATION, SURRENDER OF PREMISES AT END OF TERM -- REMOVAL OF FIXTURES. i, 8.1 Termination. This Lease will terminate upon expiration of the original Term; or if this Lease expressly provides for any option to renew, and if any such option is exercised by Tenant, then this Lease will terminate at the expiration of the Renewal Term or Terms. 8.2 Surrender. Tenant agrees that upon termination of this Lease it will surrender and deliver the Leased Premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. 8.3 Holding Over. Continued possession by Tenant, beyond the expiration of its tenancy, coupled with the receipt of the specified rental by Landlord (and absent a written agreement by both parties for an extension of this Lease, or for a new lease) will constitute a month to month extension of this Lease. 8.4 Removal of Fixtures. Tenant may, at the expiration of its tenancy, if Tenant is not in default, remove any fixtures or equipment which Tenant has installed in the Leased Premises, providing Tenant repairs any and all damages caused by removal. SECTION 9. ASSIGNMENT AND SUBLETTING. Any assignment of this Lease or subletting of the Leased Premises or any part thereof, without Landlord's written permission will, at the option of Landlord, make the rental for the balance of the Lease Term due and payable at once. Such written permission may not be unreasonably withheld. i SECTION 10. INSURANCE. i 4 i 10.1 Property Insurance. Landlord and Tenant agree to insure their respective real and personal property for the full insurable value. Such insurance must cover losses included in the Insurance Services Official Broad Form Causes of Loss (formerly fire and extended coverage). I i 10.2 Liability Insurance. Tenant must at all times during the Term of this Lease provide insurance as described in the attached Insurance Schedule (Exhibit B) as such schedule may from time to time be revised by Landlord. 10.3 Certificates Of Insurance. Prior to the time this Lease takes effect Tenant will provide Landlord with a certificate of insurance with these property and liability insurance requirements. A renewal certificate must be provided prior to expiration of the current policies. 10.4 Acts by Tenant. Tenant will not do or omit doing any act which would invalidate any insurance, or increase the insurance rates in force on the Leased Premises. 10.5 Recommendations - Iowa Insurance Services Office. Tenant further agrees to comply with recommendations of Iowa Insurance Services Office and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said Leased Premises are a part, due to increased risks or hazards resulting from Tenant's use of the Leased Premises otherwise than as herein contemplated and agreed. 10.6 Copy of Lease to Insurer. Landlord and Tenant must each provide a copy of this Lease to their respective insurers. SECTION 11. LIABILITY FOR DAMAGE. Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy. SECTION 12. INDEMNITY. To the extent permitted by Iowa Code Chapter 669 and other applicable laws, Tenant agrees to indemnify and hold harmless Landlord, its officers and employees, from and against any and all claims of any kind arising out of or related to Tenant's negligent or wrongful acts or omissions in connection with its performance of its obligations in this Lease. SECTION 13. FIRE AND CASUALTY. i 13.1 Partial Destruction of Premises. In the event of a partial destruction or damage of the Leased Premises, which is a business interference which prevents the conducting of a normal business operation and which damage is repairable within 60 days after its occurrences, this Lease will not terminate but the rent for the Leased Premises will be abated during the time of such business interference. In the event of a partial destruction, Landlord will repair such damages within 60 days of its occurrence unless 5 i prevented from doing so by acts of God, government regulations, or other causes j beyond Landlord's reasonable control. 13.2 Zoning. Should the zoning ordinance of the municipality in which this property is j located make it impossible for Landlord to repair or rebuild so that Tenant is not able to conduct its business on the Leased Premises, then such partial destruction will be treated as a total destruction as provided in the next paragraph. 13.3 Total Destruction of Business Use. In the event of a destruction or damage of the Leased Premises so that Tenant is not able to conduct its business on the Leased i Premises or the then current legal use for which the Leased Premises are being used and which damages cannot be repaired within 60 days, this Lease may be terminated at the option of either Landlord or Tenant. Such termination in such event will be effected by written notice of one party to the other, within 20 days after such destruction. Tenant must surrender possession within 10 days after such notice issues and each party will ? be released from all future obligations, and Tenant must pay rent pro rata only to the date of such destruction. In the event of such termination of this Lease, Landlord at its option, may rebuild or not, at its discretion. SECTION 14. CONDEMNATION. 14.1 Disposition of Awards. Should the whole or any part of the Leased Premises be condemned or taken for any public or quasi-public purpose, each party is entitled to j retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. 14.2 Date of Lease Termination. If the whole of the Leased Premises is condemned or taken, the Lease shall be deemed terminated, each party will be released from all future obligations and Tenant must pay rent pro rata only to the date of such termination. SECTION 15. DEFAULT, NOTICE OF DEFAULT AND REMEDIES. 15.1 Events of Default. Each of the following constitutes an event of default: (1) Failure of Tenant to pay rent when due. (2) Failure of a party to observe or perform any duties, obligations, agreements or conditions imposed pursuant to terms of the Lease. i i (3) Abandonment of the Leased Premises, in which "Abandonment" means Tenant has failed to engage in its usual and customary business activities on the Leased Premises for more than fifteen (15) consecutive business days. (4) Institution of voluntary bankruptcy proceedings in which the Court orders 6 i relief against a party as a debtor; assignment for the benefit of creditors of the interest of a party under this Lease; appointment of a receiver for the property or affairs of a party, where the receivership is not vacated within ten (10) days after the appointment of the receiver. 15.2 Notice of Default. The aggrieved party must give the defaulting party a written notice specifying the default and giving the defaulting party ten (10) days in which to correct the default. If there is a default (other than for nonpayment of a monetary obligation of Tenant, including rent) that cannot be remedied in ten (10) days by diligent efforts, the defaulting party must propose an additional period of time in which to remedy the default. Consent to additional time may not be unreasonably withheld by the aggrieved party. The aggrieved party is not required to give the defaulting party any more than three notices for the same default within any 365 day period. 15.3 Remedies. In the event the defaulting party has not remedied a default in a timely manner following a Notice of Default, the aggrieved party may proceed with all available remedies at law or in equity, including but not limited to the following: (1) Termination. The aggrieved party may declare this Lease to be .i terminated and must give the defaulting party a written notice of such termination. In the event of termination of this Lease due to Tenant's default, Landlord is entitled to prove claim for and obtain judgment against Tenant for the balance of the rent agreed to be paid for the Term herein provided, plus all expenses of Landlord in regaining possession of the Leased Premises and the reletting thereof, crediting against such claim, however, any amount obtained by reason of such reletting. (2) Forfeiture. If a default by Tenant is not remedied in a timely manner, Landlord may then declare this Lease to be forfeited and must give Tenant a written notice of such forfeiture, and may, at the time, give Tenant the notice to quit provided for in Chapter 648 of the Iowa Code if a court determines that Chapter 648 is applicable to Tenant as a state agency. SECTION 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default is made by either party in the performance of, or compliance with, any of the terms or conditions of this Lease, and such default continues for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term or condition, or make good such default and any amount advanced will be repaid forthwith on demand, together with interest at the rate of 9% per annum, from date of advance or the maximum rate permitted law, whichever is less. SECTION 17. SIGNS. Tenant may not attach, paint or exhibit any signs on the Leased Premises. SECTION 18. MECHANIC'S LIENS. Neither Tenant nor anyone claiming by, through, 7 or under Tenant, may file or place any mechanic's liens or other lien of any kind or character whatsoever, upon said Leased Premises or upon any building or improvement 1 thereon, or upon the leasehold interest of Tenant, and notice is hereby given that no contractor, sub-contractor, or anyone else who may furnish any material, service or labor for any building, improvements, alteration, repairs or any part thereof, may at any time be or become entitled to any lien on the Leased Premises, and for the further security of Landlord, Tenant covenants and agrees to give actual notice thereof in advance, to any and all contractors and sub-contractors who may furnish or agree to furnish any such material, service or labor. SECTION 19. [Intentionally Omitted]. SECTION 20. ENVIRONMENTAL. 20.1 Landlord. To the best of Landlord's knowledge to date: i (1) Neither Landlord nor Landlord's former or present tenants are subject to any investigation concerning the Leased Premises by any governmental authority under any applicable federal, state, or local codes, rules and regulations j pertaining to air and water quality, the handling, transportation, storage, treatment, usage, or disposal of toxic or hazardous substances, air emissions, other environmental matters, and all zoning and other land use matters. (2) Any handling, transportation, storage, treatment, or use of toxic or j hazardous substances that has occurred on the Leased Premises has been in compliance with all applicable federal, state and local codes, rules and regulations. (3) No leak, spill release, discharge, emission or disposal of toxic or hazardous substances has occurred on the Leased Premises. (4) The soil, groundwater, and soil vapor on or under the Leased Premises is free of toxic or hazardous substances. (5) Landlord assumes liability and will indemnify and hold Tenant harmless against all liability or expense arising from any condition which existed, whether known or unknown, at the time of execution of the Lease which condition is not a result of actions of Tenant or which condition arises after date of execution but which is not a result of actions of Tenant. I 20.2 Tenant. Tenant expressly represents and agrees: 1 (1) During the Lease Term, Tenant's use of the Leased Premises will not include the use of any hazardous substance without Tenant first obtaining the I written consent of Landlord. Tenant understands and agrees that Landlord's consent is at Landlord's sole option and complete discretion and that such I 8 1 consent may be withheld or may be granted with any conditions or requirements that Landlord deems appropriate. (2) During the Lease Term, Tenant will be fully liable for all costs and 1 expenses related to the use, storage, removal and disposal of hazardous substances used or kept on the Leased Premises by Tenant, and Tenant must give immediate notice to Landlord of any violation or any potential violation of any environmental regulation, rule, statute or ordinance relating to the use, storage or disposal of any hazardous substance. (3) Tenant, at its sole cost and expense, agrees to remediate, correct or remove from the Leased Premises any contamination of the property caused by any hazardous substances which have been used or permitted by Tenant on the Leased Premises during any term of this Lease. Remediation, correction or removal must be in a safe and reasonable manner, and in conformance with all applicable laws, rules and regulations. Tenant reserves all rights allowed by law to seek indemnity or contribution from any person, other than Landlord, who is or may be liable for any such cost and expense. (4) To the extent permitted by Chapter 669 of the Iowa Code and other applicable law, Tenant agrees to indemnify and hold Landlord harmless from and against all claims, causes of action, damages, loss, costs, expense, penalties, fines, lawsuits, liabilities, attorney fees, engineering and consulting fees, arising out of or in any manner connected with hazardous substances, which are caused or created by Tenant on or after the date of this Lease and during any term of this Lease, including, but not limited to, injury or death to persons or damage to property, and including any diminution of the value of any Leased Premises which may result from the foregoing. This indemnity will survive the cessation, termination, abandonment or expiration of this Lease. i SECTION 21. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. 21.1 Tenant's Property. During its tenancy, Tenant has the right to sell or otherwise dispose of any personal property of Tenant situated on the Leased Premises, when in the judgment of Tenant it has become obsolete, outworn or unnecessary in connection with the operation of the business on the Leased Premises. 21.2 Inventory. Nothing herein contained will be construed as denying to Tenant the right to dispose of inventoried merchandise in the ordinary course of Tenant's trade or business. I SECTION 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections and remedies of either party, provided in this Lease, will be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed either party by law, and may in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be 9 entitled as long as any default remains in any way unremedied, unsatisfied or undischarged. SECTION 23. NOTICES AND DEMANDS. All notices, demands, or other writings in this Lease provided to be given or made or sent, or that may be given or made or sent, by either party to the other, will be deemed to have been fully given or made or sent when made in writing and deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered, and postage prepaid, and addressed as follows: TO LANDLORD: City of Dubuque, Iowa c/o City Manager City Hall 50 West 13th Street Dubuque, Iowa 52001 TO TENANT: DISTek Integration, Inc. 6612 Chancellor Drive, Suite 600 Cedar Falls, Iowa 50613 SECTION 24. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, will be construed as in the singular or plural number, and as masculine, feminine, or neuter gender according to the context. i SECTION 25. COMPLIANCE WITH LAW. During the term of this Lease, Tenant must comply with all laws applicable to Tenant's use of the Leased Premises. { SECTION 26. MISCELLANEOUS. 26.1 Governing Law. It is agreed that this Lease will be governed by, construed, and enforced in accordance with the laws of the State of Iowa. 26.2 Paragraph Headings. The titles to the paragraphs of this Lease are solely for the convenience of the parties and will not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Lease. 26.3 Modification of Agreement. Any modification of this Lease or additional obligation assumed by either party in connection with this Lease will be binding only if evidenced in writing signed by each party or an authorized representative of each party. 26.4 Parties Bound. This Lease binds and inures to the benefit of and applies to the respective successors and assigns of Landlord and Tenant. All references in this Lease to "Landlord" or "Tenant" will be deemed to refer to and include successors and assigns of Landlord or Tenant without specific mention of such successors or assigns. I SECTION 27. FORCE MAJEURE. In the event that either party hereto will be I 10 I delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, unavailability of construction materials, unavailability or excessive price of fuel, power failure, riots, insurrection, war, j terrorist activities, explosions, hazardous conditions, fire, flood, weather or acts of God, or by reason of any other cause beyond the exclusive and reasonable control of the party delayed in performing work or doing acts required under the terms of this Lease j (collectively Force Majeure), then performance of such act will be excused for the period of the delay and the period for the performance of any such act will be extended for a period equivalent to the period of such delay. CITY OF DUBUQUE, IOWA DISTek INTEGRATION, INC. By: ,9`� Michael C. Van Milligan By: City Manager "iTremy YbNer Vice President DISTekO Integration, Inc. 6612 Chancellor Drive, Suite 600 Cedar Falls, Iowa 50613 i i I 11 1 EXHIBIT A a THE LEASED PREMISES f Mai 1 I i i i I i x " a r. i ' 1 G� r, f I i 1 12 EXHIBIT B INSURANCE SCHEDULE A Citv of ombuque insurance Requirements for Tenants and Lessees of City Property or vendors(Suppliers,Service Providers),or Right of Way Permit Holders Insurance Schedule A i., o.T5,re k _.o.1 llul7tislh a signed certificate of insurance(coil to the city of oubuque,twsa for the coverage required in Exhibit I prior to cwn or lease commenrerrient All lesseesnt chy properly and FVft of Way Permit Holders shall subaft an updated Coil annuidbi.f:srh Certilikate shall be prepared on the most current AcoRD form approved by the Departmem of insurance at an eziuivakat.Fach cestillicatee shall indude a statement under Description at operations as to why issued-Eg: Praject ff cw Lease of prentses at -Pr 00 nStniCti,00 Of or ried of way permdted Jocatiori and desmption 2. AN policies of insurance required hereunder shall be with a carrier audwfized to do business in lam and all carriers shall bm*a rating of A or better in the current A.M.Best's Rafing'Guide. 3. Each certfficate shall be furnishedto the coni acting department of the city of Dubuque. 4. Failure to provide rrinimurn coverage shall not be deemed a wirer of these requirentents by the City UF Dubuque.Failure to obtain or maintain the reWked insurance shall be considered a material breach of this s_ AN required endwsamentsto various pfides shall be,attachedtocartiTkateal' nom, 6, wherw4vr a specik ISO form is liistel:4 an equivalient forrnmay be sulintituted subject to the provider kienfifymg and lMnZ in wflft all deviations and enfusions that differfrom,the ls.o form: 7_ ProwidersW be required tocarry the inininturn,coverageAmits,aT greater ifrequired by lawor other hjdagreemeot,in ExMbit L a- VMhenever an ISO farm is referenced the current edfLiDn of the form must be used- if piuMees lisnits:of liabiffiW are higherthan tM required mini num linift then the provider's limits shall be this agreemeWs mquifedlimits_ Pale I of 3 set*dufe A Property Or Vendors May ZUG 13 i , City of Dubuque insurance Requirements for Tenants and Lessee of City Property or Vendors(Suppliers,Service Providers),or Right of Way Permit Holders Insurance Schedule A (continued) Exhibit 1 1 R -iu GEN nr MRl if General,NMregate t:imit Prodticts-corripleted $1,01Maicn Pemnal and Advertising Injury limit i E.A occurrence i tKltl,iSti4 r e Damage Limit(arty one oaeurrencel $ 5061EK10 medical M"ftvs $ Sim ail coverage d►allise written on an occwrencA iu t clairms made,fin.The general liabilky coverage shall be written in acu rd with Iso form€><owl or business owners tom Btst wz— A®devriatars firms the:standard ISO commercial general liability form CSG,Dom,or Busies owners form eR DOM,Mail be clearly identified- b) include 50 endorsement form C 25 04 meted Locationlsl mal Aggregate Limit tl in-Jude endorsevnentindicating that coverage is printery arid mrm-contributory- dl include endorsement to preserve Gavernmrental Irrurxmirf.(sample attadred). ej include an endorsement that deletes any fellow employee exclusion. Q include additional insured endorsement for. The City of Dubuque,includi as its dedted and'appointed officials,all its empkryees and volunteers,all its.boards,cBmi issionsand/oraudiodfiesandtheirboardrnerrobers,. effliplGitSeS and volierteers.rise 150 corns tG 2010(ongoing operationsl or its equivalent. gj if vendor irtibzes Trikkes or segwaVs in the ca»duet of business,include anendorsement reffecting that these vehicles are not exdnded frolic commercial General Liablity coverage; ill) WORMY Y trOMPENSA71€lat&EMPLaffMFE13tS -16i trlr statutwybewftsungallemployeesinjured€rndmi bprariddentor diseaseas Irl^ Iowa Cwk chapter as as amended. image A Mate of Iowa Coverage i3 Employers L abibty Earh Acride it S1.00,001) Each Erapkgee $100,001 PolicyrLimit-Disease $50D. Por"yr AWI inc.ude anend providing a waiverof subrogation to the MY at Dubuque. Cj Polluting Liabillift Coverage required:____yes K--- Polhition I iuytammrage shall be required if k mwe Inas any po rtion exposures incl abatement arfhaaar us or motaam gated materials includihL but not ftiled to,petrollem products, the removal of lead,asixemsar,PcWs.Follution product and complete opw4lions amrap allsn be comed, ,I peach r�currerue S4,000;DC)DpolkVaggregate I al palcytoindude is✓esandtr ortathrncover . iii Include additional i as stated in Af above,, cl indudepres " n.ofgvirrernmer kmTRiTiltyas inAf:abaive. dl Frovideevider&eofcaveragefor5(rearsaftercomp pmjea. i usage irf 3SdiedUle AE Or Vendors>May 2016 14 City of Dubuque insurance Requirements for Tenants and Lessees of Ofty Propertvor Vendon(Suppliers,SeMce Providers),or Right of Way Perait'Holders Preservation of Governmental Immunities,Endorsement L Nanwa$iar of Gove-nmentat Immunity-The insurance carrier expTessly agrees and Mates that the purchase of this policy and the including of the OW of Dubuque,Iowa as an Addffion;fl Insured does not walve any of the defenses of governmental immunity avdUable to the City of Dubuque,Iowa under We of kwa Section 67GA as it is now eklists.and asit may be amended from time to--time: { 2. o time- 2. Claims Ouverme-The insurance cwTier further agrees that this party of insurance,shall cnver only those dahns not subject to the,defense of govemmental immunity under the CodL-of Iowa Section 670.4 as it now,exists and as it may be amended from time to tense-Those claims not suboct to Code of Iowa Section 670A shall be coveredby the terms and conditions of this insurance PIY]i* 3. Assertion of mment Immunim The City of DubuqW,kma shaltbe respo"ible for awerfing any defense of governmental immunity,and may do so at wW time and shall do so upon the timely written request of the ins;urancecarrier- 4- Monrlknlal of Covernee-The insurance carrWr shakil not deny coverage under this polity and the insurance carrier shall not deny any of the tights and benefits accruing to the City of Dubuque,Iowa under this policy for reasons of governmentailimmunity unless and until a cotat of cwnpetefft jurWiction,has.ruled in favor of the defense(s)afgavernmental immunity asserted by the CAV of Dubuque,bwa- No Other trance in Fo(iew,.The above preserwationaf governmental imwamfties shall not Otherwise change oralterthecoverage wmilable undertheparcy. AL I ME N pap 3 43f s Sdwdula A Pmperty or Vandars May 2M6 15 i I I SITE ACCESS AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND DISTek INTEGRATION, INC. This Agreement is made and entered into this 24th day of June, 2016, by and between the City of Dubuque, Iowa, an Iowa municipal corporation (City), DISTek Integration, Inc. (DISTek). WHEREAS, City is the owner of the real estate legally described as: 165 sq. feet, 3rd floor Federal Building, Room 354 350 West 6th Street Dubuque, Iowa (the Site); and WHEREAS, City and DISTek have tentatively agreed to a Lease Agreement for the Site commencing July 1, 2016; and WHEREAS, the Site requires the addition of furniture and fixtures before the 4th of July holiday weekend; WHEREAS, DISTek has requested and City desires to allow DISTek access to the Site to begin improvements of the Site prior to commencement of the Lease term; and WHEREAS, City is willing to allow such access on the terms and conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: A. Access to the Site. City hereby grants to DISTek access to the Site and all parts thereof, upon reasonable notice to City, to begin installation of furniture and fixtures at the Site, commencing on the 27 th day of June, 2016 and ending on the 1 st day of July, 2016. i, i i B. Insurance. DISTek agrees to provide insurance at all times while on the Site consistent with the attached Insurance Schedule A. I C. Indemnification. DISTek assumes all risk of injury arising from or related to any condition of the Site and agrees to indemnify and hold harmless City, its officers, agents, and employees from and against any claim of any kind arising out of or caused by DISTek's or its contractor's presence on and use of the Site. D. Consequences if Lease Disapproved. If the City and DISTek do not enter into the Lease Agreement such that DISTek is unable to lease the Site, then DISTek shall be fully relieved of such obligation. The City and DISTek shall each act in good faith in negotiating and approving the Lease Agreement. CITY OF DUBUQUE, IOWA DISTek INTEGRATION, INC. By: By: Jerem oder, resident Michael Van Milligen, City Manager i INSURANCE SCHEDULE A City of Dubuque insurance Requirements for Tenants and Lessees of MV Property or Vendors(Suppliers,Service Providers),or ffthtof Way Permit Holders Insurance Schedule A 015'Te k .9 furnish a sipmd cuffficate&Insurimce(M)to thia Ckir of vmbiw^loom for the coverage reqviried in Exhibit 4 prior w contrmt or leame commencev-All lessees of chy propeny wW M&of Way Permit Holders shall submit an updated calammalty.Each certificate shad be prepared on the most current:ACORD form approved bythe Depar"next of rasurance oran equiMwL Each cerifficae shalt include a statement under Descriptionof Operations as to why issued Fg--projecr k-_cw tease of premises at or construction of --or rig dofway, permitted location and descrhYdon 2- AN pdtews of insurance required hereunder stiall be with a carrier authorized,to do business in bvwa and all carriers shag have a refit Of A or better in the current A.M.Reses Rating Guide. 3. Each Certificate shall be furnished to the contraclft department at the City. of Dubuque. 4L Fiffureta proWde ininimum coverage shall not be deemed a%%1wer of these requirements by the City of Dubuque. Failure to oka"eras maintain the required insucanceshall be considered a maeriall breach of this agreement. s. AN required endorsemenu to warious policies shall be attachedto Certificate at insurance. 6. Whenever a sped k ISG form is Istedan abut form nay be substituted subject to the provider idEFWf P&g and listing in wrift all dew istions and exidusions tba 014T fmin the LSO form. 7. ProfAdershall be required to carry the minimum coverageArnits,or greats if required by law or other legal agreemer in Edibit t. a. wheriever an.5Gform.is referenced the currentedition at the form must be used.t!'providerslimiBof liabift are higher than the required minimum limft then:the pravrider's Emits shall he this agreements required limits_ pave'l ata schedule A Property Of sterid ars My ZG16 City of Dubuque insurance Requirements for Tenants and LEWMeS of City Property or Vendors(Suppliers,Service Providers),or Right of Way Permit Holders Insurance Schedule A (continued] Exhibit I A) CON1111Kall ALGENERAWABI L111Y General . Limit Pnxhwtr,-Mmpk!tedop"jmnAggegateLimd $11,000AM Persura and Advertising injury Limit S1100060M Eachoccurrence Fire Damage Limit Jimy am accurrenml AOM Medical Payments SAW Coverage shall be written an an occurrence,natclaims made,foTm.The general liability coverage shall be wftm at arccwd wA ISO form CGOMI or business owners form ap000z AN deviirtions from the standard iso commemiaIgeneral I" "city form ca MG1,or aufffiess owners form LIP Dom,shall be clearly identified" b) include LSD endorsement form CG 25 04'Vesboated Locarfio*)General Aggregate LirmO c) include endorsement indicating that coperage is primaryandnan-coutributary. d) Indudeendar.semeottDpreserve GomrnmenW immunity.(sample attiched). e) Indudeanendursamentthatdare tes;anyMow employee exclusion. t), indude.aMiticmatinsuiedendDrsonent for. The My of Dubuque,including A its elected and appointed offidails all its employees wW volurfteers„all its boar(K ournmissions aaftrauthorities and their board memberk empbyees and volunteers.Use EW form CG 2010(Ongoing operations)grits equivalent ld if weriderutitimTr&imgar-Segways in the conduct of business,indudeanendo"ement nallecting that these vehicles are not excludedfroun cornmewetal General Liability coverage" 01 WORKEW COMPEAMTHM.&EM Statutory benefits coveringall employees injured an the job by accident or disease as prescribedby lova code Chapter as as amende& Coverage A SMULMY—State of Iowa caverageB vers:Liabirty Each Accident $t1a1 70 Each EmpWeeA*— $URPW Policy bait-Disease swcwoo Policy shall include an endananient pr riga wahw of sem oginioroto the city of oubuque. Q PolkWon Liability Coverage mquired:_yes—X—.G Pollution UabiliIy cowerageshaTbe required iflessee tin my pollution exposures Including abatenbent of hazardous or containkated materials inducft Inn not lknited to,petroleum product.% the remawl of lead,asbestosar PCW L PoLlutian product and compLete operations ca lwage shall also be,caveTe(L Szflweachoccurrence $4,=,OMpalkyaggregne Policy to imiude premises and transportation oaVeFage. b) Include addWorat insured as stated in At above.. c) In dude aril governane ntall inummityas stated WAd above. d) Provide evidence ofcoverage fain 5 years after completion of project. Page 2 of 3 scheduk A Prop"Or vendors May MIG City of Dubuque insurance Requirements for Tenants and Lessees of City Property or Vendors(Suppliers,Service Providers),or Right of Way permit Holders Preservation of Governmental Immunities Endorsement 1. MMwaiveT of Governmental lawngfrLy.The insurance carrier evnessly agrees and states Viat the purchase of this policy and the including of the City of Dubuque,Iowa as:an Additional Insured does not waive,any Of the defenses of governmental immunity available to the City of Dubuque,kwa under Code of kava Section 670-4 as it is now,exists and as it may be amended from, time to time. Z Claims Caverame.The insurancecarrier further agrees that this policy of insurance shall cover onIV those claims not subject to the defense ofgavernmental immunity under the Code of Iowa Section 670.4asitimwexists and asit:may be amended from time to time-Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions afthis insurance Policy. 3. Assertion of Government linmurvity.The City of Dubuque,kma shalt'be responsible for asserting any defense of Governmental immunity,and.rnay do so at any time and shall do so upon the time vNitten request of the insurance carrier. 4. UprinDenhal of Coverase.The insurance carrier shall nut deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuqu%Iowa under this pofiCV far reasons of governmental immunity unless,and until a court of coin Patent jurisdiction has ruled in favor of the deferim(s)of governmentall immurdly asserted by the City of Dubuque,lova_ NoOther Changein Policy-The above presermfion of gowernmental immunities chair not otherwise change or after the age available under the policy_ E N Page 3 of 3 Schedule A Property OF vendors MAW 2026 A`�Rh® CERTIFICATE OF LIABILITY INSURANCE 06/20 DD 16 6/20/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Joan NAME HORBwitZ The Accel Group PHONE - (319)352-2880 FAX (319)352-2075 AC No: 300 E. Bremer Avenue Eo°Aess,]bonewitz@acceladvantage.com P.O. BOX 269 INSURERS AFFORDING COVERAGE NAIC0 Waverly IA 50677 INSURER A:Travelera Casualty and S=et 19038 INSURED INSURER B:Travelers Property Casualty Co of 25674 DisTek Integration, Inc. INSURER C: 6612 Chancellor Drive INSURERD: 0600 INSURER E: Cedar Falls IA 50613-6974 INSURER F: COVERAGES CERTIFICATE NUMBER:16-17 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR ADDL SUBRI POUCYEFF POUCYEXP LTR TYPE OF INSURANCE POLICY NUMBER O UNITS X COMMERCIAL GENERAL UABIUIY1,000,000 EACH OCCURRENCE $ A CLA0A5-MAGE ❑X OCCUR PREMIE Ee ocamerlm $ 300,000 X ZPPISP467721SI5 3/1/2016 3/1/2017 MED EXP we person S 10,000 PERSONAL B ADV INJURY S 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 NPOLICY�PJECT RP F—]LOCPRODUCTS-COMPIOP AGG S 2,000,000 X OTHER: $ AUTOMOBILE UABILTIY COMBINED SINGLE LIMB Eo soddwd $ 1,000,000 A X ANY AUTO BODILY INJURY(Pw panan) S ALI_OMED SCHEDULED DAIE729094 3/1/2016 3/1/2017 BODILY INJURY(Pw aoddenl) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTYDAMAGE $ AUTOS Per�ckeM Medical arts S 5,000 X UMBRELLA UAB OCCUR EACH OCCURRENCE S 5,000,000 A EXCESS IJAB CLAIMS-MADE AGGREGATE S 5,000,000 DEO I X I RETFNTION$ 10,000 ZUPlSP4681515I5 3/1/2016 3/1/2017 S WORKERS COMPENSATION PERST O - ANDEMPLOYERS'UABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YI❑N NIA YE.L.E.L EACH ACCIDENT $ 500,000 B (Nendamry In NN)OFFICERISIEM BER E%CLUOEO7 M4681L540 3/1/2016 3/1/2017 E. DISEASE-EA EMPLOYE S 500,000 Myym,dd PONunder DESC0.IPTION OF OPERATIONS hotow I E.L.DISEASE-POLICY LIMIT I S 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Ramerks Schedula,may he aNachad R mora epaca Is mqulmd) The City of Dubuque, including all its elected 6 appointed officials, all its employees 6 volunteers, all its boards, commissions S/or authorities 6 their board members, employees 6 volunteers are listed are additional insureds on a primary non-contributory basis. Governmental Immunity is included. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE LDubuque, uque THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN St. ACCORDANCE WITH THE POLICY PROVISIONS. 52001 AUTHORIZED 0.EPRESENTATWE Joan Bonewitz/JOANB ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401)