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ATTACHMENT 2 Joint Exercise of Powers Agreement for the Energy Council This Agreement is entered into and becomes effective April 12, 2013 by and betty en the undersigned public agencies, all of said parties referred to collectively as the"Agencies." WITNESSETH A. Joint Exercise of Powers: The Joint Exercise of Powers Act, Government Code section 6500 et seq. (the "Act"), provides that two or more public agencies by agreement may jointly exercise any power common to the contracting parties. It is the intent of the contracting Agencies to utilize this statutory authorization in this Agreement. B. Energy Efficiency Leadership: The Agencies desire to build on and further establish the record of Alameda County, and the cities and communities within the County, as leaders in developing and implementing sustainable energy initiatives that support a healthy environment and economy, at enhanced quality of life, and greater self-reliance for the region, by reducing energy demand, increasing energy efficiency, and advancing the use of clean, efficient, and renewable local resources. AGREEMENT NOW, THEREFORE, the Agencies agree as follows: 1. CREATION OF THE ENERGY COUNCIL Pursuant to the Act, the Agencies hereby create a separate joint powers agency,which is named the Energy Council, to exercise in the manner set forth in this Agreement powers common to each of the Agencies. The Energy Council shall be a public entity separate from the Agencies within the meaning of Government Code section 6507. No debt, liability, or obligation of the Energy Council shall constitute a debt, liability or obligation of any Agency. 1