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3. DEFINITIONS <br /> Certain words as used in this Agreement shall be defined as follows: <br /> a. "Board" shall mean the board constituted herein pursuant to this Agreement to <br /> administer and implement this Agreement. <br /> b. "Agency" shall mean each city or county which is a signatory to this Agreement. <br /> c. "Energy Council" shall mean the public and separate agency created by this <br /> Agreement. <br /> 4. POWERS <br /> The Energy Council is authorized, in its own name, to do all acts necessary to fulfill the purposes <br /> of this Agreement including, without limitation, each of the following: <br /> a. To make and enter into contracts; <br /> b. To apply for and accept grants, advances, contributions, and donations of funds, <br /> property, services, and other forms of assistance from any public or private source; <br /> c. To provide funding, staffing, and other services to the Agencies and other entities for <br /> the conduct of programs under the general purview of the Energy Council; <br /> d. To employ or contract for the services of agents, consultants and such other persons <br /> or firms as necessary; <br /> e. To employ staff as necessary to carry out Energy Council programs, and to adopt and <br /> implement appropriate personnel policies and procedures as required; <br /> f. To make plans and conduct studies; <br /> g. To acquire, construct, manage, maintain, operate and control any buildings, works, or <br /> improvements; <br /> h. To lease real or personal property as lessee and as lessor; <br /> i. To sue and be sued in its own name; <br /> j. To adopt ordinances provided that an ordinance shall apply within the jurisdictional <br /> boundaries of any Agency only if approved by adoption of a resolution by that <br /> Agency. The foregoing restriction shall not apply to Energy Council ordinances that <br /> govern only the administration and operation of the Energy Council; <br /> 3 <br />