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~ ~ <br />F. The formation f ABAG POWER enables the Members to take advantage of the <br />opportunities d scribed in paragraph D in such manner and at such time as the Members <br />may decide. <br />G. The governing board of each Member has determined that it is in the Member's best <br />interest and in a public interest that this Agreement be executed and that it is <br />participating a Member of ABAG POWER. <br />AGREEMENT <br />1. Formation of BAG 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 agenc which is named ABAG POWER. <br />2. Parties to A r ement. Each. Member certifies that it intends to, and does, contract with <br />every other M tuber 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 a deletion of any Member from this Agreement does not affect this <br />Agreement no each remaining Member's intent to contract with the other Members then . <br />remaining. <br />3. Puroose. AB G POWER will acquire, for use by its Members, energy including, but <br />not limited to, natural gas and electricity, and of telecommunications services, and such <br />other services d goods as may be necessary or convenient to optimize costs savings and <br />to manage the se or the supply of energy or telecommunications services. <br />4. Membership. The following entities, or types of entities, are eligible for membership in <br />ABAG PO R <br />(a) ABA <br />(b) members of ABAG, and <br />(c) any o~er public entity so long as such public entity is a cooperating member of <br />ABA at the time it joins ABAG POWER. <br />5. Limitation . xcept as otherwise authorized or permitted by the JPA Law and for <br />purposes of, d to the extent required by Government Code Section 6509, ABAG <br />POWER is su ject to the restrictions upon the manner of exercising the powers of the <br />Member speci ied in the Bylaws. <br />6. Powers. AB G POWER is authorized, in its own name, to do all acts necessary to fulfill <br />the purposes f this Agreement referred to in Section 3 including, but not limited to, each <br />of the followi g: <br />2 ABAG POWER JPA <br />