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INSURANCE NOT ON FILE N-2019-119 WORK MAY NOT PROCEED CLERK OF COUNCIL, DATE: JUL 0 2 2019 FACILITIES USE AGREEMENT BETWEEN ,-to Jtio r � � tZ CITY OF SANTA ANA AND AXON ENTERPIRISE INC. TIIIS FACILITIES USE AGREEMENT is made and entered into this 19' day of June, 2019, by and between the City of Santa Ana, a municipal corporation and charter city organized and existing under the Constitution and laws of the State of California ("City"), and AXON Enterprise, Inc., a California nonprofit public benefit corporation ("AXON") (collectively referred to as the "Parties"). RECITALS A. AXON wishes to utilize portions of the Santa Ana Police Department Headquarters ("HQ") located at 60 Civic Center Plaza, in Santa Ana, California to host and facilitate Body Worn Camera (`BW C") Redaction Training to Evidence.com agencies. This event will be held on June 25, 2019 with a potential class size of approximately 30 students. B. City is willing to allow use of the HQ for such purposes subject to the terms of this Agreement. The Parties therefore agree as follows: 1. GRANT OF PERMISSION AND FACILITIES TO BE USED: City hereby grants AXON permission to utilize HQ ("Facilities") for the purpose of conducting the BWC Redaction Training on June 25, 2019 from 8:00 a.m, until 12:00 p.m.. Other locations within the Facilities, and the date(s)/time for this event, may be modified by mutual written agreement of the Parties. 2. COMPENSATION: The Parties agree that there shall not be any cost charged to AXON for the use of the Facilities during the term of this Agreement. 3. TERM: This Agreement shall commence on the date written above and continue through June 26, 2019. 4. INDEMNIFICATION: AXON agrees to and shall indemnify, protect, defend, and hold harmless City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all claims, damages, judgments, attorney's fees, costs and expenses arising out of, involving, or in connection with the use of the Facilities or the acts or omissions of AXON , its officers, agents, employees, volunteers, guests, or invitees, whether or not such acts or omissions constitute permitted uses of the Facilities. 5. INSURANCE: Without limiting AXON 's indemnification obligations, AXON agrees to obtain and maintain during the term of the Agreement, and to require its subcontractors, if any, to obtain and maintain, insurance as described below: a. Commercial General Liability Insurance. Commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or