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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 <br />Members are public entities organized and operating under the laws of the State of California and <br />each is 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 <br />enter 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 <br />the public interest. <br />D. Public entities have the opportunity to secure energy supplies and related services, manage <br />energy consumption, obtain telecommunications services, manage the use of <br />telecommunications services and determine conditions under which the private sector <br />accesses and uses, in a cooperative and coordinated manner, public resources and <br />infrastructure used in 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 <br />behalf of the program participants and has formulated, but not yet implemented, a program <br />to purchase electricity through direct access and procure related services on behalf of <br />public 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 <br />ABAG POWER JPA <br />