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WHEREAS, Cass County may, inadvertently or otherwise, obtain access to Fargo's Computer Aided Dispatch System [Cass County already is an authorized user of Fargo's Records Management System], and the parties are desirous of entering into an agreement in such event; and, WHEREAS, Fargo is willing to allow RRRDC, Clay County and Moorhead access to and use of the Computer Aided Dispatch and Records Management System under certain terms and conditions; WHEREAS, FM Ambulance is not intended to obtain access to, nor use of, the Computer Aided Dispatch and Records Management System; however, FM Ambulance may, inadvertently or occasionally obtain access to said system and in return for the benefit FM Ambulance shall receive as being serviced by RRRDC, FM Ambulance is agreeable to be bound by certain terms, set forth herein; WHEREAS. RRRDC is created under the ioint powers authoritv of Chapter 54-40.3. N.D.CC. and Minnesota Statutes ~ 471.59 (joint exercise of powers). which allow the members of RRRDC. by agreement. to jointly or cooperatively exercise any power common to the contracting powers or any similar powers. including those which are the same except for territorial limits within which they may be exercised: and. WHEREAS. the parties desire that this agreement be amended to clarify the control and ownership of information and data created as a result of a call to RRRDC and a dispatch by RRRDC to one or more of the agencies that are a party hereto other than RRRDC (hereinafter such parties hereto that are not RRRDC shall be referred to as "non-RRRDC party" or "non- RRRDC parties" as the case may be). NOW, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN, NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: I. Access and Copyright Protection. Fargo grants to RRRDC, Clay County and Moorhead the right to access and utilize Fargo's Computer Aided Dispatch and Records Management System. RRRDC, Clay County and Moorhead shall cooperate with Fargo in protecting the copyright or copyrights of Fargo regarding the Computer Aided Dispatch and Records Management System. 2. Startup Costs-Moorhead and Clay County. Clay County and Moorhead shall be responsible for payment to Fargo for the value of services and materials associated with the installation and startup of the Computer Aided Dispatch and Records Management System, or any part thereof, as well as other matters related solely to the needs of Moorhead and/or Clay County. 3. Startup Costs-Cass County. It is understood and agreed that Cass County, under previous separate agreement, is responsible for payment to Fargo for the value of services and materials associated with the installation and startup of the Records Management System, or any part thereof, as well as other matters related solely to the needs of Cass County, and it is further agreed that Fargo grants to Cass County the right to access and utilize Fargo's Computer Aided Dispatch System. Cass County shall cooperate with Fargo in protecting the copyright or 2 .' CD;;i~~~d;'j:li~2~o4-___m_~~----- ,/: Deleted: 10-18-02 ,/;:/ ../