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for <br />RESOLUTION N0. 2003- 100 <br />Section 2. That in accordance with the provisions of Section 365.171, Florida Statutes, <br />BellSouth Busmess Systems, Inc. shall collect such fees less an administrative fee of an amount <br />equal to one percent (1%) of the total "911" fee collected by BellSouth. <br />Section 3. That in accordance with the provisions of Section 365.171, Florida Statutes, <br />BellSouth shall provide to the County on quarterly basis a list of the names, addresses, and <br />telephone numbers of any and all subscribers who have identified to BellSouth their refusal to pay <br />the "911" fee. <br />Section 4. That pursuant to the authority set forth within Section 365.171, Florida <br />Statutes, Indian River County hereby indemnifies BellSouth Business Systems, Inc. against <br />liability in accordance with BellSouth's lawfully filed tariffs BellSouth Business Systems shall not <br />be liable for damages resulting from or in connection with "911" service or identification of <br />telephone numbers, addresses, or names associated with any person accessing "911" service, <br />except if BellSouth acts with malicious purpose or in a manner exhibiting wanton and willful <br />disregard of human rights, safety or property in providing such services. <br />Section 5. That the Board hereby authorizes that a letter be sent to BellSouth notifying <br />them of the imposition of the fee, that the fees shall be collected by BellSouth less an <br />administrative fee, that BellSouth shall provide the County with the above -referenced list and <br />request written acknowledgment from BellSouth regarding the imposed fees and other matters set <br />forth within the letter. <br />Section 6. SEVERABILITY <br />If any section, sentence, clause or phrase of this Resolution is held to be invalid or <br />unconstitutional by any court of competent jurisdiction, then said holdmg shall in no way affect <br />the validity of the remaining portions of this Resolution. <br />Section 7 EFFECTIVE DATE <br />This Resolution shall become effective October 1, 2003. <br />