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55695.00001\33485367.1 <br />2 <br />F. The purposes for entering into this Agreement are more fully specified in <br />subsection 1.4 below, but principally consist of the study, promotion, development, funding, <br />financing, purchasing, conduct, operation, and management of energy, energy efficiency and <br />conservation, and other energy-related and community choice aggregation programs (the “CCA <br />Program”), through which the following objectives may be advanced: (a) reducing greenhouse <br />gas emissions related to the use of power throughout the Parties’ jurisdictions and neighboring <br />regions; (b) providing electric power and other forms of energy to customers at a competitive cost; <br />(c) carrying out programs for ratepayers of all income levels to reduce energy consumption; (d) <br />stimulating and sustaining the local economy by developing local jobs in renewable and <br />conventional energy; and (e) promoting long-term electric rate stability, energy security and <br />reliability for residents through local control of electric generation resources. <br />G. The Founding Parties desire to establish a separate public agency, known as the <br />Orange County Power Authority (“Authority”), under the Act and consistent with Assembly Bill <br />117, in order to collectively implement the CCA Program, and to exercise any powers common to <br />the Authority’s members to further these purposes. <br />H. The Parties have each adopted an ordinance electing to participate as a group in a <br />community choice aggregation program through the Authority, as authorized by California Public <br />Utilities Code § 366.2(a)(12)(B). <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions <br />hereinafter set forth, it is agreed by and among the Parties as follows: <br />SECTION 1. FORMATION OF AUTHORITY <br />1.1 Creation of Agency. Pursuant to the Act there is hereby created a public entity to <br />be known as The Orange County Power Authority. Pursuant to Section 6507 of the Act, the <br />Authority is a public agency separate from the Parties. The jurisdiction of the Authority shall be <br />all territory within the geographic boundaries of the Parties; however, the Authority may, as <br />authorized under applicable law, undertake any action outside such geographic boundaries as is <br />necessary to accomplish its purpose. <br />1.2 Effective Date and Term. This Agreement shall become effective and the Authority <br />shall exist as a separate public agency on the date this Agreement is executed by at least two <br />Parties. The Authority shall continue to exist, and this Agreement shall be effective, until this <br />Agreement is terminated in accordance with this Agreement, subject to the rights of a Party to <br />withdraw from the Authority. <br />1.3 Parties. The names, particular capacities, and addresses of the Parties are shown <br />on Exhibit A, as it may be amended from time to time. <br />1.4 Purpose. The purpose of this Agreement is to establish an independent public <br />agency in order to exercise powers common to each Party to implement the CCA Program, and to