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1 <br />ARTICLE I. DEFINITIONS AND INTERPRETATION <br /> Section 1.01 DEFINITIONS. All capitalized terms used and not otherwise defined herein shall have the meanings given to them in this Procedure and as defined in this section unless a different meaning clearly applies from the context. <br /> <br /> “CCJWRD” means the Cass County Joint Water Resource District, a political <br />subdivision of the State of North Dakota, its successors and assigns. <br />“Diversion Authority Board” means the Governing Body of the Metro Flood Diversion Authority. <br /> “Drafters” means those individuals who will be responsible for drafting the RFQ. <br /> “Evaluation Criteria” means the criteria that will be used by the Evaluation Team to evaluate and rank the SOQs. <br />“Evaluation Team” means the team that evaluates and scores the SOQs using the <br />Evaluation Criteria. <br /> “Executive Director” means the Chief Administrative Officer of the Metro Flood Diversion Authority as set forth in Article XIV of the Joint Powers Agreement. <br /> <br />“Final Draft” means the draft of the RFQ which will be considered by the Authority for <br />adoption and dissemination. “Governing Body” means the body which performs the legislative and governmental <br />functions of a political subdivision, including but not limited to, a board, council, or commission. <br />For example, the Cass County Commission, the Clay County Commission, the Moorhead City <br />Council and the Fargo City Commission are the Governing Body of each of said entities, as the board for the CCJWRD is the Governing Body for that entity. <br />“Joint Powers Agreement” means the agreement dated June 1, 2016, which was entered <br />by and between the City of Moorhead, Minnesota, the City of Fargo, North Dakota, Clay <br />County, Minnesota, Cass County, North Dakota, and the Cass County Joint Water Resource District, in order to cooperate in the construction phase of the Project. <br />“Member Entities” shall mean the City of Moorhead, Minnesota, the City of Fargo, <br />North Dakota, Clay County, Minnesota, Cass County, North Dakota, and the Cass County Joint <br />Water Resource District. The term Member Entity does not include the City of West Fargo, North Dakota, Wilkin County, Minnesota, or Richland County, North Dakota. <br />“Metro Flood Diversion Authority” means the permanent joint powers entity formed <br />through the Joint Powers Agreement by the Member Entities to provide the Fargo-Moorhead <br />Metropolitan Area with permanent and comprehensive flood protection. DRAFT