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<br />“Executive Director” means the Chief Administrative Officer of the Metro Flood
<br />Diversion Authority. The term also includes Co-Executive Director.
<br />
<br />“Fargo-Moorhead Metropolitan Area” means Fargo, North Dakota, Moorhead,
<br />Minnesota, and surrounding communities; it is further defined by the United States
<br />Census Bureau as comprising all of Cass County, North Dakota, and Clay County,
<br />Minnesota, which includes the cities of Dilworth, Minnesota, West Fargo, North Dakota,
<br />and numerous other towns and developments from which commuters travel daily for
<br />work, education, and regular activities.
<br />
<br />“Fargo-Moorhead Metropolitan Area Flood Risk Management Project” has the same
<br />definition as “Project” in this Agreement and is the name given to the Project by the
<br />USACE.
<br />
<br />“Good Faith” means observance of reasonable commercial standards of fair dealing in a
<br />given trade or business.
<br />
<br />“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
<br />commission.
<br />
<br />“JPA” or “Joint Powers Agreement” means the agreement dated as of June 1, 2016, by
<br />and between the Member Entities.
<br />
<br />“LJPA” or “Limited Joint Powers Agreement” means the agreement dated July 11, 2011,
<br />and subsequently amended, which was entered into between the City of Moorhead, the
<br />City of Fargo, Clay County, Cass County, the Buffalo-Red River Watershed District and
<br />the Cass County Joint Water Resource District in order to cooperate in the planning and
<br />design phase of the Project.
<br />
<br />“Member Entities” shall mean the City of Moorhead, the City of Fargo, Clay County,
<br />Cass County, and Cass County Joint Water Resource District.
<br />
<br />“Metro Flood Diversion Authority” means the political subdivision created by the LJPA
<br />and continued through and vested with the powers set forth in the JPA. Metro Flood
<br />Diversion Authority is the successor entity to the “Diversion Board of Authority.”
<br />
<br />“Owner” means the individual or entity with which the Consultant has contracted
<br />regarding the services set forth herein, and which has agreed to pay Consultant for the
<br />performance of the services, pursuant to the terms of this Agreement.
<br />
<br />“Person” means any natural or legal person, county, city, municipality, political
<br />subdivision, public benefit corporation, corporation, limited liability company, trust, joint
<br />venture, association, company, partnership, governmental authority, or other entity.
<br />
<br />“Principal-in-Charge” means the individual identified by the Consultant as the
<br />Consultant’s principal-in-charge.
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