Agmt 2004 ABAG Power - Laserfiche WebLink

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from time to time, the JPA Law), the Members hereby create a separate joint powers agency which is named ABAG POWER. 2. Parties to Agreement. Eaeh Member certifies that it intends to, and does, contract with every other Member which is a signatory to this Agreement and, in addition, with such other Member as may later be added as Members under Section 16. Each Member also certifies that the deletion of any Member from this Agreement does not affect this Agreement nor each remaining Member's intent to contract with the other Members then remaining. 3. Purpose. ABAG POWER will acquire, for use by its Members, energy including, but not limited to, natural gas and electricity, and of telecommunications services, and such other services and goods as may be necessary or convenient to optimize costs savings and to manage the use or the supply of energy or telecommunications services. 4. Membership. The following entities, or types of entities, are eligible for membership in ABAG POWER: (a) ABAG, (b) members of ABAG, and (c) any other public entity so long as such public entity is a cooperating member of ABAG at the time it joins ABAG POWER. ~. Limitation. Except as otherwise authorized or permitted by the JPA Law and for purposes of, and to the extent required by Government Code Section 6509, ABAG POWER is subject to the restrictions upon the manner of exercising the powers of the Member specified in the Bylaws. 6. Powers. ABAG POWER is authorized, in its own name, to do all acts necessary to fulfill the purposes of this Agreement referred to in Section 3 including, but not limited to, each of the following: (a) Make and enter into contracts; (b) Incur debts, liabilities and obligations; provided that no debt, liability or obligation of ABAG POWER is a debt, liability or obligation of any Member except as separately agreed to by a Member agreeing to be so obligated; (c) Acquire, hold, construct, manage, maintain, sell or otherwise dispose of real and personal property by appropriate means, excepting only eminent domain; (d) Receive contributions and donations of property, funds, services and other forms of assistance from any source; (e) Sue and be sued in its own name; (f) Employ agents and employees; (g) Lease real or personal property as lessee and as lessor; (h) Receive, collect, invest and disburse moneys; (i) Issue revenue bonds or other forms of indebtedness, as provided by law; (j) Carry out other duties as required to accomplish other responsibilities as set forth in this Agreement; (k) Assign, delegate or contract with a Member or third party to perform any of the duties of the Board, including, but not limited to, acting as administrator for ABAG POWER; and (I) Exercise all other powers necessary and proper to carry out the provisions of this Agreement. Wind Up Agreement -Attachment AAttachment A