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F. The formation of ABAG POWER enables the Members to take advantage of the <br /> opportunities described in paragraph D in such manner and at such time as the Members <br /> may decide. <br /> <br /> G. The governing board of each Member has determined that it is in the Member's best <br /> interest and in the public interest that this Agreement be executed and that it is <br /> participating as a Member of ABAG POWER. <br /> <br /> AGREEMENT <br /> <br /> 1. Formation of ABAG POWER. Pursuant to Chapter 5, Division 7, Title 1 of the <br /> Government Code of the State of California (commencing with Section 6500) (as <br /> amended from time to time, the JPA Law), the Members hereby create a separate joint <br /> powers agency which is named ABAO POWER. <br /> <br />2. Parties to Agreement. Each Member certifies that it intends to, and does, contract with <br /> every other Member which is a signatory to this Agreement and, in addition, with such <br /> other Member as may later be added as Members under Section 16. Each Member also <br /> certifies that the deletion of any Member from this Agreement does not affect this <br /> Agreement nor each remaining Member's intent to contract with the other Members then <br /> remaining. <br /> <br />3. purpose. ABAG POWER will acquire, for use by its Members, energy including, but <br /> not limited to, natural gas and electricity, and oftelecommunications services, and such <br /> other services and goods as may be necessary or convenient to optimize costs savings and <br /> to manage the use or the supply of energy or telecommunications services. <br /> <br />4. Membership. The following entities, or types of entities, are eligible for membership in <br /> ABAG POWER: <br /> <br /> (a) ABAG, <br /> <br /> (b) members of ABAG, and <br /> <br /> (c) any other public entity so long as such public entity is a cooperating member of <br /> ABAG at the time it joins ABAG POWER. <br /> <br />5. Limitation. Except as otherwise authorized or permitted by the JPA Law and for <br /> purposes of, and to the extent required by Government Code Section 6509, ABAG <br /> POWER is subject to the restrictions upon the manner of exercising the powers of the <br /> Member specified in the Bylaws. <br /> <br />6. Powers. ABAG POWER is authorized, in its own name, to do all acts necessary to fulfill <br /> the purposes of this Agreement referred to in Section 3 including, but not limited to, each <br /> of the following: <br /> <br /> ABAG POWER JPA <br /> <br /> <br />