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R97-144 RESOLUTION NO. R97-/¢ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A PROPOSAL BY ERNST & YOUNG LLP, TO PERFORM PROFESSIONAL SERVICES RELATED TO THE UTILITY SYSTEM REVENUE BONDS, SERIES 1992 ISSUE; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE PROPOSAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to engage the services or Ernst & Young, LLP for professional services regarding the City of Boynton Beach, Florida Utility System Revenue Bonds, Series 1992 issue; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and accept the Proposal for professional services regarding the Utility System Revenue Bonds, Series 1992 issues submitted by Ernst & Young LLP, and authorizes the Mayor and City Clerk to execute said proposal, which is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 1997. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ~ Mayor _ ~_~ /V~o Mayor Commis~or~r ~ Commissioner Commissioner ERNST& YOUNG LLP · Certified Public Accountants Suite 1800 [ Independent Drive Jacksonville. Florida 32202 · Phone: 904 358 2000 July 23, 1997 Ms. Diane Reese Finance Director City of Boynton Beach 100 East Boynton Beach Blvd Post Office Box 310 Boynton Beach, FL 33425-0310 Dear Diane: The purpose of this letter is to outline the services that we will provide and to confirm the terms of our engagement for the bond issue(s) shown on the attached Schedule A. We will prepare the computations to determine the rebate amount as described in Section 148(0(2) of the Internal Revenue Code of 1986, as amended. The rebate amount is equal to the excess of the amount earned on all nonpurpose investments over the amount which would have been earned if such nonpurpose investments were invested at the bond yield. We will provide a report upon the completion of our work which contains detailed supporting schedules and a signed firm opinion citing compliance with the applicable sections of the Internal Revenue Code and Regulations. If a remittance is due, we will also provide a completed Internal Revenue Service Form 8038-T, including filing instructions. Our fees per bond issue will be in accordance with the attached Schedule A. Expenses, not to exceed $100 per calculation, will also be charged and will apply to all engagements completed through July 22, 1997. Our fee assumes appropriate information and assistance will be provided by you, including sufficient investment records, and that all requested information will be provided on a timely basis. If unanticipated problems are encountered, we will discuss them with you before proceeding with the engagement. An invoice will be issued upon delivery of our report and is payable upon receipt. Please sign one copy of this letter acknowledging our agreement and return it in the enclosed envelope. Ernst & Young LLF' iS a member of Ernst & Young International. Ltd. ~ £~sr& Young ttP City of Boynton Beach, Florida page 2 The engagemem will be performed under the supervision of Margaret Purcell, Principal. We very much appreciate the opportunity to serve you and look forward to helping you meet your arbitrage rebate requirements. If you have any questions, please do not hesitate to contact Margaret Purcell at (904) 358-4576. Accepted: City of Boynton Beach, Florida By / Date Schedule A Fee Schedule Issue $6O,255,0OO City of Boynton Beach, Florida Utility System Revenue Bonds, Series 1992 Fee $2,500