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<br />e <br /> <br />e <br /> <br />II. <br /> <br />For and in consideration of the governmental services to be provided by <br />LA PORTE, to PORT, PORT agrees to pay LA PORTE the monthly sum of Two <br />Thousand Six Hundred Twenty Five Dollars, $2,625.00. Such charges to be paid <br />in full by 'PORT to LA PORTE, on or before the tenth day of the month following <br />the month in which such services were rendered. <br /> <br />ANNUAL COST OF CONTRACT ADJUSTMENT - Beginning October 1, 2002 <br />.and in subsequent years thereafter, there shall be a cost of contract adjustment <br />of the rates. The annual cost of contract adjustment shall be calculated by <br />multiplying the previous annual rate by a factor of the larger of 2.5 percent (2.5%) <br />or the Consumer Price Index -Urban (CPI-U) using September 2001 as the base. <br />However, the annual rate increase shall not exceed five percent (5%). <br /> <br />III. <br /> <br />LA PORTE will not be liable for loss or damage to person or property arising <br />from or caused by or resulting from alleged negligence of LA PORTE, its officers, <br />employees, or volunteers, in carrying out this contract. PORT agrees to release <br />and hold harmless, from any such claim for loss or damage by .itself, or by any <br />person, firm, corporation, or association, in connection with this contract. PORT <br />further agrees to reimburse LA PORTE the fair market value of any of LA <br />PORTE'S equipment damaged or destroyed while engaged in fire suppression <br />services in behalf of PORT hereunder. <br /> <br />IV. <br /> <br />PORT shall provide primary fire suppression service, which routinely includes <br />nuisance type fire calls, and Life Flight .Iandings. LA PORTE agrees t9.. provide <br />secondary fire suppression services for structural fires, rescue calls beyond the. <br />capability of the PORT, and catastrophic events within PORT'S Barbour's Cut <br />Terminal, (but not including on board vessel fires), for the term of this agreement, <br />. upon the terms and conditions herein contained, when in the judgement of PORT <br />employees, such service is necessary to deal with a specific emergency. <br /> <br />V. <br /> <br />Sole discretion will rest with the LA PORTE Fire Chief, or his duly authorized <br />assistants, as to the personnel and equipment that will answer each call for <br />assistance from the PORT, provided that protection will be adequate (meaning <br />