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LEASE DO NOT SIGN°EXHIBITOPJLY" 2. Public Agency shall participate in the Public Employees' Retirement System from and alter September 1, 1063 making Its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and we not provided for herein and to all amendments to said Law hereafter enacted eat taw, which by express provisions thereof, apply only on the election of a contracting agency 3. Public Agency agrees to lodsmntiy,defend and hold harmless the Callomla Public Employees'Retirement System(CaPERS)and its trustees,agents and employees,the CaPERS Board of Administration, and the California Public Employees'Relmem ant Fund torn any clans, demands,actions,losses,liabilities,damages,judgments,expenses and coals, including but not limited to interest,penalties and attorneys fees that may arise as a result of any of the Mowing: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the rN6erent barn, provisions or formulas provided wider the Public Agency's prior non-CaIPERS retirement program (b) Any dispute,disagreement,damn,or proceeding(lnctsding without limitation arbitration,administrative hearing,or litigation) badmen Public Agency and its employees(or their representatives)which rtes to Pablo Agency's election to amend this Contact to provide retirement benefits,provisions or formulas that am Saved than such employees'adding retirement benefits,provisions or Tombs (c) Public Agency's agreement with a third party other than CaPERS to provide retirement benefits,provisions,or tbmnulas that are different than the retirement benefits,provisions or fomwle provided under this Contract and provided for under the California Public Employees'Retkement Law. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as am excluded by law or this agreement a. Local Fire Fuses(herein referred to as local safety members) b. Local Police Officers(herein referred to as local safety members); c. Employees other than local safety members (herein referred to ea local miscellaneous members).