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EXHIBIT 1 <br />JOINT POWERS AGREEMENT <br />creating <br />ABAG POWER <br />The public entities listed in Appendix A (Members) entered into this Joint Powers Agreement <br />(Agreement) creating ABAG Publicly Owned Energy Resources (ABAG POWER). All Members <br />are public entities organized and operating under the laws of the State of California and each is <br />a public agency as defined in California Government Code Section 6500. <br />Recitals <br />A. Government Code Sections 6500-6515, permitting two or more local public entities by <br />agreement to jointly exercise any power common to them; authorizes the Members to enter <br />into this Agreement. <br />B. Public entities consume energy in the form of natural gas and/or electricity and use <br />telecommunications services in the performance of their essential governmental functions. <br />C. Federal and State agencies responsible for the regulation of the natural gas, electric and <br />telecommunications industries have determined that deregulation of these industries is in the <br />public interest. <br />D. Public entities have the opportunity to secure energy supplies and related services, <br />manage energy Consumption, obtain telecommunications services, manage the use of <br />telecommunications services and determine conditions under which the private sector accesses <br />and uses, in a cooperative and coordinated manner, public resources and infrastructure used in <br />the delivery of such energy and services. <br />E. The Association of Bay Area Governments (ABAG), at its sole expense, has created and <br />implemented a natural gas aggregation to purchase natural gas and related services on behalf <br />of the program participants and has formulated, but not yet implemented, a program to <br />purchase electricity through direct access and procure related services on behalf of public <br />entities in the Pacific Gas & Electric Company's (PG&E) service area. <br />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 may <br />decide. <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 participating <br />as a Member of ABAG POWER. <br />Agreement <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 amended <br />Wind Up Agreement -Attachment AAttachment A <br />