fil{r)L:fi I~ICi,. ii.'.'7~i:`i;ll flf'G'l(aVlll... ftl.l'r'I-I(ali:I:Z.:I:I~ICi I'ai::fifi CCil.ll~l'r"i 4iil-If:::fi:la''I"'":i I)I:::G''r'„ rTa f1F'I'L..l' 'r'CI 'r'I-I[i: I-1611... Flhll) C;IIFlfil...aa::: I'lii:'r'IcaZfii(:11•I r-ru.rl•Ir)r1r:r.rml rrrn, 61 cr:~ll~rr (:hr 't;h :i.!:> 'LI'ic>> :L:L'P;ir rl<:ty c:r!' I'9<:i'rc:ar ii'.(rt(~)'ri?,, r.ll:ac:rrr mc:r i]carnm:i.:i.r:riuar L..crt.z, :i.ranrrr unan:imou<.a].y ~ippr•ovE~a<:I lay a vcrt;e~~ crf 4.._GL...F.1y tr:a Crx.rrrt;y ;iil'u~rrr:i.'F'f''rean.aaa KOmd~c>pv.wnnuia urea z~wea.,Wa my m.mb. ndiau:Ikc 98 __ ~ ~.: Page 1 HAL AND CHARLIE PETERSON FOUNDATION Organization's Application for Grant PART II. USE OF THE PROPOSED GRANT: Show the amount requested on a separate page (see Page 4 attached) and explain in detail how it will be used. State whether the grant is to be earmarked or used for the benefit of any one person, group, or class of people. [f so, for whom? Person to contact who will be administering the proposed program: W.R. Hierholzer (Name) 400 Clearwater Pasco (Address) Kemille, Texas 78028 (CiN, State, Zip Code) Sheriff (/'itle) 830-896-1216 (Phone) 9. Describe this person's experience and qualifications to administer the proposed program: W.R. Hierholzer is the elected Sheriff of Kerr County and as such employs approximately 92 people. In his capacity as Sheriff, he is responsible for a yearly budget of approximately $3,762,821. Sheriff Hierholzer has over 20 years' experience in Law Enforcement with approximately 13 years in achninistration. IlVIPORTANT (Please complete this section) This application is to be signed by the Presiding Officer (President, Chairman) of the goveroiug board of the Applicant Organization. If signed by another persoq a certified ropy of a resolution adopted by the governing board appolntiog such person to sign this application must be attached From my own Imowkdge, I state the information given in Parts I and II is correct The Applicant Organization has authorized me to make this appl' atiaa FYed Henneke (S+gna re) County Judge (I'it[eJ (Print Name) 3~i ~/~ 2 t (Date) The information provided in Parts I and II is to help the Hal and Charlie Peterson Foundation meet various sections of the Internal Revenue Code and Internal Revenue Service Rules and Regulations pertaining thereto. ls9v c.:a Appiica[ion:Dec ss Page 3 HAL AND CHARLIE PETERSON FOUNDATION Organization's Application for Grant 3.(a) Attach a copy of the Applicant Organisation's budget for the year in which the grant funds are to be used and a current balance sheet and operating statement of the applicant organization. See attachment A & B (b) Attach a copy, complete with Schedule A, of the most recent Information Return (IRS Forth 990) filed by the Applicant Organization with the Internal Revenue Service. If not required to be filed, organizations classified under §509(x)(1) and §l70(b)(1)(A)(vi) or §509(x)(2) must attach a summary of support received from all sources for their current year and the preceding four years. (Reference: Forth 990, Schedule A, Part fV, Support Schedule) If in existence less than five years, a summary for all years in operation is to be attached. Ivot Applicable (c) On a separate page (see page 4 attached), describe the Applicam Organization's purposes and activities in general. Attachment C (d) If grant funds are to be used to improve, purchase, or attach to property or equipment on which there is, or will be a lien or mortgage, or is leased, please provide amounts, temts, conditions, and names of lienholders, moRgagees, or lessors. Provide details on r~yr amounts the applicant organization owes to Officers, Directors, or principal employees of the applicant organisation. Attachment D 4. On a separate page (see page 5 attached), please list the name, address, and title of each member of the Applicant Organization's board and officers. Is the Applicant Organization controlled by, related to, connected with, or sponsored by another organization? x Yes No If yes, identify the organization (including its purposes and activities) and explain the relationship: The Kerr County SHeriff's Department financing is crontrolled by the Kerr County Camnissioners' Court. 6.(a) Is the Applicant Organization applying for a similar grant at this time from any other organisation including governmental entities? Yes x No (b) Has the Apphcant (or any organisation listed in 5, above) ever applied for or received a grant from Ure Hal and Charfie Peterson Foundation? x Yes No If yes to either of the above, please provide details: 10/04/94 Applied for and received grant for car~puter for Gang Resource System. January, 2001 Applied for and received grant for video cameras for patrol vehicles. tsv9 cm~a acac~aoo:no~ va Page 2 HAL AND CHARLIE PETERSON FOUNDATION 515 Jefferson Street P. O. Boa 871 Kerrville, Tezas 78029-0871 (CERTIFICATION PAGE) GRANT APPLICANT: ADDRESS: Kerr County Sheriff's Department 400 Clearwater Paseo Kerrville, Texas 78028 TAXPAYER ID#: 74-6001494 GRANT AMOUNT: The undersigned, being a duly qualified representative of Karr r.,, ~*+*~, chax'a.Ef.._r' Department as defined in the Code of Criminal Procedure Art. 2.17 hereby certifies the following to be true and correct: 1. The applicant named above is a governmental unit as described in Section 170(c)(1) within the meaning of Section S09(a)(1) and Section 170(b)(1)(A)(v) ofthe hrtemal Revenue Code. 2. The puriwse and use of any fiords received as a resuh of this grant will be used exclusively for public purposes, and the propose or activity for which the fiords will be spent is a fimction of or obligation of the applicant. 3. The applicant has firlly disclosed all financial information pertinent to the grant application. PRINT SIGNATURE: `~~-~~c~~~ NAhQ]:l: W_R_ Hi ariv~l oar TITLE: Sheriff DATE: ~~-- 3- ~~- O~ ~~~. ~ssv cw r..m nwsw~ HAL AND CHARLIE PETERSON FOUNDATION 515 JEFFERSON STREET P. O. BOX 871 IG;RRVILLE, TEXAS 780294871 ORGANIZATION'S APPLICATION FOR GRANT° (Not for use Irk individuals) APPLICANT: Is the Applicant organized as a nonprofit oganimtion under state laws governing charitable organvations? PART I: INFORMATION ABOUT THE APPLICATION 1 Kerr County Sheriff's Department (Name ojthe Applicant Organization) 400 Clearwater Paseo (Address) Kerrville, Texas 78028 (City, State, Zip Cade) Yes x No If yes, what state governs? If no, plgas~plain• Kerr County is a governmental axm of the State of Texas srq~owered by statute. 2. Has the Applicant received a Wiling or detemunation letter fivm the httemal Revenue Service about any o£the following? (a) Exempt status ................... Yes x No (b) Private foundation status ........... Yes x No c O ~ Gram making procedures .......... Yes x No Attach a photocopy of each such letter If marked no PI ar _ Jaen Kerr County is exempt by state statute, 1999 Cxmt AppliaQian:Ikc 98 Page 1 HAL AND CHARLIE PETERSON FOUNDATION Organization's Application for Grant 3.(a) Attach a copy ofthe Applicant Organisation's budget for the year in which the gram funds are to be used and a currem balance sheet and operating statemem of the apphcam organization. See attachment A & B (b) Attach a copy, con>Qlete with Schedule A, of the most recem information Rehm (IRS Form 990) filed by the Applicant Organisation with the hltemal Revenue Service. [f not required to be filed, organizations classified under §509(a)(1) and §170(b)(1)(A)(vi) or §509(a)(2) must attach a summary of support received from all sources for their currem year and the preceding four years. (Reference: Form 990, Schedule A, Part N, Support Schedule.) [f in existence less than five years, a summary for all years in operation is to be attached. Not Applicable (c) On a separate page (see page 4 attached), describe the Apphcam Organization's purposes and activities m general. Attachment :C (d) If gram funds are to be used to improve, purchase, or attach to property or equipmem on which there is, or will be a lien or mortgage, or is leased, please provide amounts, terms, conditions, and names of lienholders, mortgagees, or lessors. Provide details on r~yl amoums the applicant organization owes to Officers, Directors, or principal employees of the applicant organization. Attachment D 4. On a separate page (see page 5 attached), please Gst the name, address, and title of each member of the Applicant Organization's board and officers. 5. Is the Applicant Organization comrolled by, related to, connected with, or sponsored by another organisation? x Yes No If yes, ideatify the organization (including its purposes and activities) and explain the relationship: The Kerr County SHeriff's Department financing is controlled by the Kerr County Commissioners' Court. 6.(a) Is the Applicant Organisation applying for a similar grant at this time from any other organization including govemmemal amities? Yes x No (b) Has the AppGratm (or any organization listed in 5, above) ever applied for or received a gram from the Hal and Charfie Peterson Foundation? x Yes No If yes to either of the above, please provide details: 10/04/94 Applied for and received grant for computer for Gang Resource System. January, 2001 Applied for and received grant for video cameras for patrol vehicles. 1999 Cxart Appliotiao:Dec 98 ~tl. 3 "*.m~ fr ~ ~ x Page 2 HAL AND CHARLIE PETERSON FOUNDATION Organization's Application for Grant PART II USE OF THE PROPOSED GRANT• Show the amount requested on a separate page (see Page 4 attached) and explain in detail how it will be used. State whether the gram is to be earmarked or used for the benefit of any one person, group, or class of people. If so, for whom? Person to comas who will be administering the proposed program: W.R. Hierholzer (Name) 400 Clearwater Paseo (Address) Sheriff (fit[e) 830-896-1216 (Phone) Kemille, Texas 78028 (City, State, Zip Code) Describe this person's experience and qualifications W administer the proposed program: W.R. Hierholzer is the elected Sheriff of Kerr County and as such employs approximately 92 people. In his capacity as Sheriff, he is responsible for a yearly budget of approximately $3,762,821. Sheriff Hierholzer has over 20 years' experience in Law Enforcement with approximately 13 years in acltninistration. IIVIPORTANT (Please complete this section) This applintion is to be signed by the Presiding Officer (President, Chairman) of the governing board of the Applicant Organization. If signed by another person, a certified mpy of a resolution adopted by the governing board appointing such person to sign this application must be attached From my osvn kamrkdge, I state the information given in Parts I and II is correct The Applicant Organization has authorized me to make this appficstioa ~~ ~_ _ „ Fred Henneke (Sigrmrure (Print Name) County Judge (fif(e) ~~~/~ 2 (Date) The information provided in Parts I and II is to help the Hal and Charlie Peterson Foundation meet various section+oflhelntetnal Revenue Code and Internal Revenue Service Rules and Regulations pertaining thereto. tsv9 ~ appsatica:nec 9a Page 3 HAL AND CHARLIE PETERSON FOUNDATION Organization's Application for Grant Part I. 3(c) Describe the Applicant Organization's purposes and activities in general. See attachment C Put II. 7. Show the amount requested and explain in detail how it will be used. State whether the grant is to be earmarked or used for the benefit of any one person, group, or class of people. If so, for whom? See attachment C 1999 Grnri Appliatim:Ikc 98 ..,y ~~ 4 Page 4 HAL AND CHARLIE PETERSON FOUNDATION Organization's Application for Grant 4. List the name, address, and title of each member of the App(icazrt's governing board, each officer if not a member of the governing board, and principal staff members. Fred Henneke Buster Baldwin Bill Williams Jonathan Letz Larry Griffin 700 Main Street, Kerrville, TX 700 Main Street, Kerrville, TX 700 Main Street, Kerrville, TX 700 Main Street, Kemille, TX 700 Main Street, Kerrville, TX County Judge County Commissioner County Commissioner County Commissioner County Commissioner 1999 6(aM AppticAiar.Dec 98 Page 5 This form is to be filled in and certified by the Secretary of the Applicant Organization tf arryone other than the President or Chairman (CEO) of the organization signs the application form. I, of hereby certify that I am the Secretary and that set forth below is a true and correct copy of a resolution duly adopted by the Governing Board of at a meeting held on the Day of , 199_, at which time a quorum of the Governing Boazd was present and acting throughout and that such resolution has not been rescinded or amended and is full force and effect. RESOLUTION RESOLVED, that is empowered to execute in the name of and on behalf of (The Organization), a grant application submitted to the Hal and Chazlie Peterson Foundation in the amount of $ the stated purpose for which is witness my hand this Day of , 199_. Signature Print Name Title ~ °, ~* r h .. 1999 Cant AppGcalim: Dec 98 HAL AND CHARLIE PETERSON FOUNDATION Organization's Application for Grant Part I. 3(c) Describe the Applicant Organirrtion's purposes and activities in general. See attachment C Part II. 7. Show the amount requested and explain in detail how it will be used. State whether the gant is to be earmarked or used for the benefit of any one person, group, or class of people. If so, for whom? See attachment C is99 c~ npPicm;~:nx9a ~;~'. .. Page 4 HAL AND CHARLIE PETERSON FOUNDATION Organization's Application for Grant 4. List the name, address, and title of each member of the Applicant's governing board, each officer if not a member of the governing board, and principal staff members. FY~ed Henneke Buster Baldwin Bill Williams Jonathan Letz Larry Griffin 700 Main Street, Kerrville, TX County Judge 700 Main Street, Kerrville, TX County Commissioner 700 Main Street, Kerrville, TX County Commissioner 700 Main Street, Kerrville, TX County Commissioner 700 Main Street, Kerrville, TX County Commissioner tv~ ttas apptim~na va Page 5 This form is to be frlled in and certified by the Secretary of the Applicant Organization if arryone other than the President or Chairman (CEO) of the organization silnzs the application form. I, ,hereby certify that I am the Secretary of and that set forth below is a true and correct copy of a resolution duly adopted by the Governing Board of at a meeting held on the Day of 199_, at which time a quorum of the Governing Board was present and acting throughout and that such resolution has not been rescinded or amended and is full force and effect. RESOLUTION RESOLVED, that is empowered to execute in the name of and on behalf of grant application submitted to the Hal and Charlie Peterson Foundation in the amount of (The Organization), a $ the stated purpose for which is Witness my hand this Day of 199_. Signature Print Name Title p^' Y3{ ^~ Esc b 'r` ~ ~~5 ~ t' h __ 1999 Gnat AppGc~ian: Dec 98 Attachment A ~• - - RERR COUNTY TREASURER BUD 6 E T A R Y A C C O U N T I N G SYSTEM 18:14:20 01 1pV 2001 Stateeent of Expenditures -Budget vs Actual vs Last Year GENERAL The Software Group, Inc. Far the Manth of ~tober and the 1 Months Ending October 31, 2~1 Page 33 l -_ IB - fiENERAL -SHERIFF'S DEPARTMENT "' Accawt ...................... Orig Budget Curr Budget ...Monthly Exp ..YTII Expenses .Last Year YTD .YTD Exp + Enc .UnEnc Balance %R~ 568-181 ELECTED OFFICIAL SALR 44,766 44,766 3,730.50 3,730.50 3,418.32 3,738.50 41,035.50 92 568-104 DEPUTIES SRLRRY 994,647 994,647 76,235.26 76,235.26 71,631.57 76,235.26 918,411.74 92 560-iB5 SECRETRRY SWARY 118,049 118,849 8,377.36 8,377.36 6,437.50 8,377.36 109,671.64 93 568-iB6 SYSTOI RDMINISTRNTOR 0 0 0. ~ 0.00 0. ~ 0. ~ 0. ~ ++* 560-187 DI5PRTCHER5 141,278 141,278 10,142.15 18,142.15 6,186.84 10,142.15 131,135.85 93 568-188 PRRT-TINE SALARY 0 0 0.00 0.~ 863.18 0.~ 0.~ ++~ 568-112 OVERTIME 25,0 25,880 926. B1 926. BI 0.00 926. BI 24,073.19 % 560-201 FICR EXPENSE 181,266 101,266 7,562. B9 7,562.89 6,730.95 7,562.89 93,703.11 93 568-202 fiROUP INSURANCE 209,510 209,510 13,632.86 13,632.86 9,510.48 13,632.86 195,877.14 93 560-283 RETIREMENT 99,877 99,877 7,095.28 7,895.28 6,282.01 7,095.28 92,781.72 93 560,206 8018)S d INSURANCE 9~ 900 0. ~ 0.00 0. ~ 0. ~ 9~, e0 100 568-207 INSURANCE - LIRBILITY 48,855 48,855 1,029.00 1,829.E 1,101.80 1,029.00 47,826.00 9B 568-288 INVESTI6YiTION EXPENSE 5, 0~ 5, ~0 B. ~ 0. ~ 0. ~ 0. ~ 5, ~e.88 1~ 568-289 ESTRAY 5~ 5~ 0.00 0.00 0.80 0.08 5~.~ 1~ 568-228 EMPLOYEE MEDICAL EXAM 2,~ 2,880 0.~ 0.80 0.00 0.~ 2,0.00 1~ she-389 POSTi~ z, 000 z, eW e. ~ e. ~ B. ~ e.08 z, ee0. e0 1~ 560-318 ffFICE SUPPLIES 11,200 11,200 92.30 92.30 147.E 92.30 11,187.70 99 568-311 PHOTOCOPY EXPENSE e 0 -30.00 -30.00 e.~ -30.00 38.00 ttir 568-3161RIIF~ 18,880 10,0 0.00 e.~ 8.~ 8.~ 10,800.e0 i~ 56e-338 OPERRTIN6 EXPENSE 16,950 16,9 471.76 471.76 80.50 471.76 16,478.24 97 56e-331 VEFIICLE fiRS i OIL 60, 5~ 60, 5~ 8.00 8. ~ 8. ~ 0. ~ 60, 500, e0 100 560""8 iMIDIO EQUIPMENT 4, 500 4, 500 8. ~ 0.00 0.00 B. ~ 4, 580.00 1~ 5L a VIDEO EQUIPMENT PETER 8 0 8.00 0.~ 0.80 0.~ 8.N {++F 568-428 TELEP1101E 32,388 32,388 1,907.18 1,987.18 2,156.87 1,907.18 30,480.82 94 s6eiz7 Daus Dos e e e. ~ 0. ee e. ~ e. ~ e. ee ~++ 568-453 RADIO REPAIRS 2,800 2,8~ & 00 0. e0 0.~ 8.00 2,088.00 1~ 568-454 VEHICLE REPRIR L lIAIN 20,800 20,0 92.99 92.99 200.E 92.99 19,987.81 1~ 568-456 VEHICLE EQUIPMENT 2,000 2,000 e.W & 00 0.~ 8.~ 2,000.80 100 56~-~56 MACHINE REPRIR 1,0~ i,e00 0.~ 8.~ 75.80 0.~ l,ee8.80 1~ 568-457 lWINTENCNCE CONTRACTS e 0 0.00 0.88 0.00 8.e0 0.80 ~+ 568161 LEASE COPIER 5,352 5,352 110.24 118.24 529.76 118.24 5,241.76 98 568-462 LEASE PRYMENTS 101,392 101,392 8.00 0.80 0.00 &~ 181,392.80 180 568-463 RADIO TOTER LEASE 0 0 0.00 e.~ 0.80 e.~ e.e8 ttt 568-464 CRIME PAEVEIITION 750 ~ 0.00 0.~ 0.00 & ~ 750.80 100 56e-48e VEHICLE IN511RMIf:E 13,322 13,322 8. ~ 8. ~ 8. ~ 0.80 13, 322.00 180 568185 COIFEREICES 8 8 0.00 8. ~ 0. ~ 0. ~ 8. ~ +ef 568-487 TRAINING SCHOOL 21,880 21,0 1,598.E 1,598.E 0.80 1,598.E 19,402.E 92 560-488 BUY OPERATIONS 1,800 1,e~ 0.~ 0.00 0.~ 0.00 1,000.00 1~ 568-498 DONATION EXPENDITURES 5,800 5,000 165.14 165.14 8.00 165.14 4,834.86 97 560-492 2000 LLE86 EXPENSE 8 8 8.00 0.80 0.00 e.~ 0.00 ~ 56e-499 MISCEIlAtff0U5 0 8 0.00 8.00 0.00 0.00 0. e0 +++ 568-553 CONTRACTS FEES 0 8 0.00 0.80 0.00 0.00 0.80 ~++ 568-561 COMPUTER HARDIBUE 0 0 0.80 0.~ 0.80 8.00 0.80 ett she-s6z ca~uTER saFruaRE e e e. ee e. ~ e. Be e. ee e. ee t++ 568-563 SOFINARE MAINTFNf111CE 7,800 7,000 0.00 B.~ 0.80 8.~ 7,800.00 f00 568-565 COMPUTER SUPPLIES 0 0 0.00 0.80 0.00 e. e0 0.88 +++ 56p"~9 OPERATING EQUIPMENT 0 0 0.~ 8.~ 0.00 0.00 0.08 ++~ 5L d CAPITAL OURAY 68,942 68,942 0.00 0.~ 8.00 & ~ 68,942.00 100 560-571 MISCELLAfEQ15 EQUIPME 0 0 0.80 e.00 8.00 0.00 e.00 ~+ TOTAL SHERIFF'S DEPARTMENT 2,177,944 2,177,944 133,139.72 133,!39.72 !15,350.10 133,139.72 2,844,804.28 94 Attachment B NERR COUNTY TAERSURER The Software Group, Inc. BUD6ETRRY RCCOUNTING SYSTEM State~ent of Expenditures -Budget vs Retool vz Lazt Year GOERAL For the Month of October and the 1 Months Ending October 31, 2001 10 - GEMERRL -COUNTY JRIL Recount ...................... Orig Budget Carr Budget ...Monthly Exp 512-182 CHIEF JRILER SRIARY 31,679 31,679 2,639.% 512-103 COOK5 41,160 41,160 3,429.98 512-104 JAILER SRLRRIES 559,817 559,817 45,329.49 512-105 SECIETRRY 22,428 22,428 1,869.E 512-106 NUR%S 57,698 57,698 2,705.98 512-107 CLERK 17,958 17,958 1,4%.50 512-108 PRRT-TIME SRLRRY 25,0 25,000 2,315.80 512-112 OVERTIME 15,000 15,000 71.48 512-201 FICR EXPENSE SB,%2 SB,962 4,579.16 512-202 GROUP IMSUR{~E 154,858 154,858 11,386.32 512-203 RETIRE?ENT 56,266 56,266 4,835.47 512-286 INSURRNCE-BLDG E JRIL 8,678 8,678 0.00 512-220 EMPLOYEE MEDICAL EXRM 4,000 4,800 0.~ st2-309 PosTRSE 1, ~ 1, 0~ e. ~ 512-310 OFFICE SUPPLIES 12,8 12,0 0.~ 512-311 PHOTOCOPY EXPEI~E 0 0 0.~ 512-315 JRIL UNIFOPotS B, BBB 8,0~ 0.80 512-338~VEHICLE GRS 6 OIL 4, 5~ 4, 5~ 0. ~ 512-331 OPERATING SUPPLIES 38,468 30,468 334.26 512-332 PRISONER MEALS 210,000 218,E 0.00 512-333 PRISONER MEDICAL 50,0 50,0 242.19 ~^34 PRISONER SUPPLIES 15,000 15,000 0.~ 5. .35 PRISONER TRADER 25,000 25,8 780.02 512-336 INDIGENT CARE 0 0 0.00 512-400 TRRSH SERVICE 5,580 5,500 450.48 512-420 TEtEPFgME 0 0 8.~ 512-440 UTILITIES 118,800 110,0 0.80 512.`.453. RADIO REP9IR5 1, 0~ 1, 8~ 8.00 $12=454-V@f1IAE MAINiFNANCE 3,000 3,0~ 0.~ ~512i56 MRCHIME REPAIR 5~ 500 8.00 512-457 MYlIMTENANCE CONTRi1CfS 8 8 8.~ .512-461 LERSE COPIER 4,800 4,000 2%.00 512-464 CRIME PREVENTION 250 250 0.80 512-488 VEHICLE IMSURANCE 1,800 1,880 8.80 512-485 I:OMFERENCES 8 0 0. ~ 512-487 TRAINING 7,8~ 7,0~ 189.46 512-499 MISCEU.AME0115 0 0 0.~ 512-561 COMPUTER HRRDNRRE 0 8 0.~ 512-563 SOFTtBifE MRIMIfEMIAfEE 22, 5% 22, 5% 589. ~ 512-565 COMPUTER SUPPLIES 0 0 8.08 512-569 OPERATING EQUIPMENT 0 0 8.~ 512-570 CAPITAL OURRY 11,759 11,759 0.80 .YTD Expenses .Last Year YTD 2,639.% 2,575.84 3,429.98 1,735.14 45,329.49 42,306.07 1,869.00 0.00 2,7.98 4,331.14 1, 4%. ~ 1, 459.94 2,315.80 2,083.20 71.48 0.00 4,579.16 4,168.59 11,386.32 7,197.12 4,835.47 4,485.67 0.00 0.80 0. ~ 0. ~ 0. ~ 0. ~ 0.00 0.~ 0. ~ 0. ~ B.ee B.~ 0.00 0.00 334.26 589.00 0.00 0. ~ 242.19 334.66 0.~ 0.00 7ee.e2 e.~ 8.~ 0.00 450.48 421.01 B. ~ e. ee 0.~ 594.45 0. ~ 0. ~ 0.00 8.80 &~ 0.~ e. ~ e. ~ 286.00 8.80 0.00 0.80 0.00 8.80 0.00 0.00 189.46 0.00 0. ~ 0.00 8.~ 8.00 SB9.8B 8.~ e. ~ e. eH 0.00 0.80 e. ~ e. ~ 18:14:20 01 NOV 2001 ' Page 27 YTD Exp + Enc 2,639.% 3,429.98 45,329.49 1,869. ~ 2,705.98 1, 4%. ~ 2,315.80 71.48 4,579.16 11,386.32 4,835.47 0.00 e. ~ 0.00 0.00 0.00 0.00 0.00 334.26 0.00 242.19 8.80 780. ez 8.80 450.48 e. ~ 8.80 8.88 8.80 8.~ e.~ 286.80 e. ~ 0.80 0.00 189.4b 8.00 8.~ 589. ~ e. ~ e. ~ e. ~ UnEnc Balance XR~ 29,039.04 92 37,730.02 92 514,487.51 92 20,559.00 92 54,992.02 95 16,461.50 92 22,684.20 91 14,928.52 100 54,382.84 92 143,471.68 43 51,430.53 91 8,678.E 100 4,0~.~ 1~ 1,000.00 1~ 12,~0.~ 100 8.00 aa+ 8,000.80 180 4,500.E 1~ 38,133.74 99 218,000.E 100 49,757.81 100 15,000.00 1~ 24,219.98 97 8. ~ ttt 5,849.52 92 e. Be tta lle,~.BB 1~ 1, 8.80 100 3,8.80 100 5~. ~ 100 e. ~ .~+ 3,714.00 93 250.80 1~ l,~.eH 1~ 0.00 ++~ 6,810.54 97 8.88 taa 8, ~ tat 22, ~7. N 97 e. ee +~ e. ~ oat 11,759.ee 1~ TOTRL COMITY JRIL 1,584,877 1,584,877 83,530.55 83,530.55 72,281.83 83,530.55 1,581,346.45 95 Attachment C ,... Part I. 3 Each Sheriff shall be a conservator of the peace in his county, and shall arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial. He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. He shall apprehend and commit to jail all offenders, until an examination or trial can be had. The Sheriff s Department has the responsibility to protect, keep the peace and serve the citizens of Kerr County and the State of Texas. Part IL7 The amount requested is $ 114,008.00. This amount will allow the Sheriff s Department to purchase the equipment and software to become capable of sending fingerprints to the Texas Department of Public Safety and the Federal Bureau of Investigations for identification purposes. The breakdown of the cost is as follows; $ 6,500.00 to purchase the LiveScan Interface. LiveScan will allow any prints taken the conventional way (with print card and ink) to be entered into the system. $ 21,000.00 is allocated to purchase the Criminal Justice Identification System (CJIS). CJIS module is necessary to allow the Department to submit reports electronically to the appropriate agencies. The training and setup is included in this price. TouchPrint 2000 Live-Scan provided by Identix will be ,~-. purchased at a price of $ 86,508.00. This system provides the database and technology to join all the components together into a working relationship The equipment purchased will compliment the existing computer system in place at the Department at this time and would give Kerr County the capability of integrating with the Automatic Fingerprint Identification System or AFIS as it is commonly known. In today's world identification is one of the most critical problems. Every day there aze persons detained or arrested who do not want to be identified. These people use every means possible to change their identities because of something they have done. False identification papers, such as Social Security Cazds, Driver's Licenses, Birth Certificates and military cards are readily available to the criminal element and can even be purchased over the Internet. The one constant is fingerprints. These remain the same and cannot be changed and aze the backbone of law enforcement. A person's fingerprints are a vital resource to law enforcement. If a person who has been arrested gives an alias name and a compazison of the prints is not made, the person's criminal history might not reflect the person's activity. In cases that are adjudicated the sentencing hearing can be affected. The criminal history can help determine the extent of the punishment. For example, a person with two intoxicated driving convictions would nol receive as severe punishment as a person who has a third conviction. If the person who has been arrested gives a false name, the history of that arrest would only reflect on r.., that name. If the same person is arrested with the AFIS system in place, the person could -- be correctly identified and the alias and the chazge would be added to that person's history. If a person's fingerprints are in the system a compazison can be made in less time than the conventional way. The conventional way requires sending the fingerprint cazd to either the Texas Department of Public Safety or to the Federal Bureau of Investigations and waiting from six weeks to three months for a manual comparison to be made. This is valuable time lost and would allow the perpetrator of the particular crime to elude law enforcement and possibly escape. The technology proposed would allow identification in a matter of hours. The time saved would accelerate the investigation and perhaps prevent the suspect from future criminal activity. The time saved would generate back to the citizens of Kerr County by allowing manpower that would normally be spent on detecting the suspect to revert to other crimes. Currently all fingerprint cazd being submitted to the Texas Department of Public Safety is scanned into the system by DPS. Any cazd submitted that does not meet the guidelines will be rejected and returned to the submitting agency to be taken again. If the suspect has left the confines of the agency, that particular crime will not be added to the criminal history. The process is ineffective at that point. With the advent of the AFIS system, this process is speeded up because the prints aze taken at the agency and if a problem azises at that point, the machine will automatically inform the officer and the prints can be retaken. The AFIS system has the ability to seazch evidence prints or latent prints that aze collected at the crime scene. A set of fingerprints lifted at the crime scene may be cleaz enough and have sufficient ridge detail to be searched in AFIS. The print is brought to the Sheriff s Department and optically scanned and searched against the AFIS database. The computer selects respondent prints that are similar to this latent print. Positive fingerprint identification can be made and a very good suspect is developed. This process can take only a few seconds and the crime may be solved in less time. As it stands now, the Kerr County Sheriff s Department and several surrounding agencies rely on the conventional method of identification. With the advent of this system, Kerr County would make the technology available to surrounding agencies, including those agencies in surrounding counties, and thus advancing criminology throughout this area. At this time the Texas Department of Public Safety located in Kerr County, Kerrville Police Department, Texas Pazks and Wildlife, four different Constables Departments and the Ingram Marshal's Department use the detention facility located at the Kerr County Sheriff s Department. The fingerprints of persons arrested by these departments are taken and submitted by the Sheriff s Department. The AFIS capability would not only be used in criminal activities but also in the identification of missing persons if they are in the system. Unfortunally bodies of unidentified persons have been found and again, it takes several months to identify these individuals while the families have to wait to bring some sort of conclusion to the .-. circumstances. These loved ones deserve to have a closure as soon as possible and the AFIS system would provide this to them. •-- Kerr County is a retirement community and as such has several elderly residents. Alzheimer's Disease and Dementia, to name two, can cause a person to forget who and where they are. The system we propose could be a vital part in helping these people who wander away and are unable to tell anyone any information. The system would be able to identify these residents which would allow law enforcement to return these residents home and ease the concerns of their loved ones. The Texas Department of Public Safety currently has over 3.4 million individuals in the AFIS database and the Federal Bureau or Investigation has reduced to electronic data approximately 34 million fingerprint cards. The system gathers it's information from fingerprint cards submitted for various reasons, not just criminal inquires. Atta ent D FORD MOTOR CREDIT COMPANY TEXAS EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 64505 '~ Lem'"' : Kerr County ~ ~ ~ ~~ ~ Lessor. Ford Motor Credit Company P. O. Box 1739 Kerrville, TX 78028 Dearborn, MI 48121-1739 Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the Equipment described in any Schedule A now or hereafter attached hereto ("Equipment) in accordance with the following terms and conditions of this Lease-Purchase Agreement ("Lease"). 1. TERM, This Lease will become effective upon the execution hereof by Lessor. The term of this Lease will commence on the date the Equipment is accepted pursuant to Section 3 hereunder and, unless earlier terminated as expressly provided for in this Lease, will continue until the expiration date (the'Expiration Date") set forth in Schedule A attached hereto (the "Lease Term"). 2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments, inGuding the interest portion, equal to the amounts spedfied in Schedule A. The Lease Payments will be payable without notice or demand at the office of Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and will commence on the first lease Payment Date as set forth in Schedule A and thereafter on the subsequent dates set forth in Schedule A. Any payments received later than ten (10) days from the due date will bear interest at the highest lawful rate from the due date. Except as specifically provided in Section 6 hereof, the obligation of Lessee to make the lease Payments hereunder and perform all of its other obligations hereunder will be absolute and unconditional in all events and will not be subject to any setoff, defense, countercaim, or recoupment for any reason whatsoever inGuding, without limitation, any failure of the Equipment to be delivered or installed, any defects, malfunctions, breakdowns or infirtnrties in the Equipment or any acddenf, condemnation or unforeseen dreumstances. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Tenn. It is Lessee's intent to make Lease Payments for the full Lease Tenn if funds are legally available therefor and in that regard lessee represents that the use of the Equipment is essential to its proper, efficient and economic operation. Lessor and Lessee understand and intent that the obligation of Lessee to pay Lease Payments hereunder shall constitute a current expense of Lessee and shall not to any way be conttnned to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the aeatiort of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or monies of lessee. .-. DELNERY AND ACCEPTANCE. Lessee, or ff lessee so requests, Lessor, will cause the Equipment to be delivered to Lessee at the . .ation specified in Schedule A ("Equipment Loption"). Lessee will pay all transportation and other costs, ff any, incurted in connection with the delivery and installation of the Equipment Lessee will accept the Equipment as soon as it has been delivered and is operational. Lessee wviTl evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate (n the forth provided by Lessor) within three days of delivery of the Equipment 4. DlSCUUMER OF WARRANTIES. Lessee acknowledges and agrees that the Equipment is of a size, design and cepacty selected by Lessee, that lessor is neither a manufacturer nor a vendor of such equipment, that LESSOR LEASES AND LESSEE TAKES THE EQUIP- MFNf AND EACH PART THEREOF "AS-1S" AND THAT LESSOR HAS NOT MADE, AND DOES NOT HEREBY MAKE, ANY REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION. tIiJALITY, WRABILITY, DESIGN, OPERATION, FITNESS FOR USE, OR SUffABILffY OF THE EQUIPMENT IN ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF LESSEE, OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT TRADEMARK OR COPYRIGHT, OR AS TO ANY OBLIGATION BASED ON STRICT LIABILITY IN TORT OR ANY OTHEF REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND OR CHARACTFJ2, D6~RESS OR IMPLIED, WITH RESPECI THERETO, R BEING AGREED THAT ALL RISKS INCIDENT THERETO ARE TO BE BORNE BY LESSEE AND LESSOR SHALL NOT B[ OBLIGATED OR LIABLE FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF OR TO LESSEE OR ANY OTHEF PFJ2SON OR ENTITY ARISING Ol1T OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EQUIPMENT AND THE MAINTENANCE THEREOF. lessor hereby assigns to Lessee during the Lease Term, so bng as no Event of Default has occurre~ trereunder and is continuing, all manufacturer's warrantes, if any, expressed or implied with respect to the Equipment, and Lessor authorize Lessee to obtain the customary services furnished in connekttion with such warrantee at Lessee's expense. Lessee's sole remedy for the breach of any such manufacturers warranty shall be against the manufacturer of the Equipment and not against Lessor. Lessee express) acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of suc warrantee of the manufacturer of the Equipment. 5. RETURN OF EQUIPMENT. Unless Lessee shall have exercised its purchase opUOn as provided in Section 20 hereof, upon th expiration or eartier termination of this Lease pursuant to the terms hereof, Lessee shall, at its sole expense but at Lessors option, return ih Egyirynent to Lessor packed for shipment in accordance with manufacturers specifications and freight prepaid and insured to any location i $t ~tinental United States designated by Lessor. 6. NON,APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contrary, in the even! no funds k ktsuffident funds are appropriated and budgetetl or are otherwise unavailable in any fiscal period for Lease Payments due under this Leasr Lesseo will immediately notiy Lessor or Its assignee In writing of such occurrence and this Lease shall terminate on the last day of the fisc: period for which appropriations have been received or made without penalty or expense to Lessee, except as to (i) the portions of Leas Payments herein agreed upon for which funds shall have been appropriated and budgeted or are othervvise avaNable and (ti) Lessee's othk obligations and liabilities under this Lease relating tn, or accruing or arising prior to, such termination. In the event of such lertnination, Lessec agrees to peaceably surrender possession of the Equipment to lessor or its assignee on the date of such termination in the manner set forth in Section 5 hereof and Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Notwithstanding the foregoing, Lessee agrees (i) that it will not cancel this lease and this Lease shall not terminate under the provisions of this Section if any funds arerooropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment or services performing functions sir to the functions of the Equipment for the fscal period in which such termination would have otherwise occured or for the next succeeding rascal period, and (ii) that it will not during the Lease Term give priority in the application of funds to any other functionally similar equipment or to services performing (unctions similar to the functions of the Equipment. This section will not be construed so as to permit Lessee to terminate this Lease in order to purchase, lease, rent or otherwise acquire the use of any other equipment or services performing functions similar to the functions of the Equipment. 7. REPRESENTATIONS, COVENANTS AND WARRANTIES. Lessee represents, covenants and warants as of the date hereof and al all times during the Lease Term that: (i) Lessee is a state or a fully constituted political subdivision thereof, or its obligations hereunder constitute obligations issued on behalf of a state or a political subdivision thereof, such that any interest derived under this Lease will qualify for exemption from Federal income taxes under section 103 of the Intemal Revenue Code of 1986, as amended (the "Code"), and that it will do or cause to be done all things necessary to preserve and keep in full force and effect (a) its existence and (b) this Lease; (ii) the execution, delivery and performance by the Lessee of this Lease and all documents executed in connection herewith, including, without limitation, Schedule A hereto and the Delivery and Acceptance Certifcate referred to in Section 3 hereof (the Lease together with all such documents shall be collectively referred to herein as the "Lease Documents') have been duly authorized by all necessary action on the part of the Lessee; (iii) the Lease Documents each constitute a legal, valid and binding obligation of the Lessee enforceable in accordance with their respective lenns; (iv) no govemmental orders, permissions, consents, approvals or authorizations are required to be obtained and no registrations or dedarations are required to be filed in connection with the execution and delivery of the Lease Documents; (v) Lessee has sufficient appropriations or other funds available to pay all Lease Payments and other amounts due hereunder for the current fiscal period; (vi) the use of the Equipment by Lessee is essential to and will be limited to the performance by Lessee of one or more govemmental functions of Lessee consistent with the permissible scope of Lessee's authority; (vii) no portion of the Equipment will be used directly or indirectly in any trade or business carried on by any person other than Lessee; and (viii) no portion of the Equipment will be used by an organization described in section 501 (c) (3) of the Code and (ix) this Lease does not constitute an arbitrage obligation within the meaning of section 148 of the Code and is not federally guaranteed within the meaning of section 149(b) of the Code. Lessee shall deliver to Lessor an opinion of Lessee's counsel in forth and substance as set forth in the forth of opinion of counsel attached hereto or otherwise acceptable to Lessor, dated the date of acceptance of the Equipment pursuant to Section 3 hereof. In the event that a question arises as to Lessee's qualification as a political subdivision, Lessee agrees to execute a power of attorney authorizing Lessor to make application to the Intemal Revenue Service for a letter ruling with respect to the issue. ,~-. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessee subject to Lessor's rights under this Lease; provided, however, that (i) in the event of termination of this Lease pursuant to Section 6 hereof, (ii) upon the occurrence of an Event of Default hereunder, and as long as such Event of Default is continuing, or (iii) in the event that the purchase option has not been exercised prior to the Expiration Date, title will immediately vest in Lessor or its assignee without any action by Lessee and Lessee shall immediately surender possession of the Equipment to Lessor or tts assignee in the manner set forth in Section 5 hereof. In order to secure all of its obligations hereunder, Lessee hereby (i) grants to Lessor a first and prior security interest in any and all right, title and interest of Lessee in the Equipment inducting but not limited to computer programs and computer documentation, if any, relating to the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom, (ii) agrees that this Lease may be filed as a financing statement evidencing such security interest, and (iii) agrees to execute and deliver all financing statements, certificetes of title and other instruments in forth satisfactory to Lessor necessary or appropriate to evidence such severity interest. 9. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equipment. Lessee shall comply with all laws, ordinances, insurance policies and regulations relating to the possession, use, operation or maintenance of the Equipment. Lessee, at its expense, will keep the Equipment in good working order and repair and furnish all parts, mechanisms and devices required therefor. 10. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment without Lessors prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment. 11. LOCATION; INSPECTION. The Equipment will not be removed from or, if the Equipment consists of rolling stock, its permanent base will not be changed from the Equipment Location without Lessors prior written consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation. 12. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those createc under this Lease. Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upor th~~ership, leasing, rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or measured by Lessors irn e. If Lessee fails to pay said charges, or taxes when due, Lessor may, but need not, pay said charges or taxes and, in such event Lessee shall reimburse Lessor therefor on demand, with interest at the maximum rate permitted by law from the date of such payment b~ Lessor to the date of reimbursement by Lessee. 13. RISK OF LOSS; DAMAGE; DESTRUCTION. Lessee assumes all risk of loss of or damage to the Equipment from any causr whalscever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee o the obligation to make Lease Payments or to perform any other obligation under this Lease. In the event of damage to any item of Equipment Lessee will immediately place the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee, at the option of Lessor, will either (a) replace the same with like equipment in good repair, or (b) on the next Lease Payment Date,-pay lessor: (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease Payment due on such date, and (ii) an amount equal to the applicable Concluding Pz^ nt set forth in Schedule A opposite such Lease Payment Date. In the event that Lessee is obligated to make such payment pursuant to su. agraph (b) above with respect to less than all of the Equipment, Lessor will provide Lessee with the pro mta amount of the Lease Payment and the Concluding Payment to be made by Lessee with respect to the Equipment which has suffered the event of loss. 14. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be affixed or attached to real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building. 15. INSURANCE. Lessee, will, at its expense, maintain at all times during the Lease Term, fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers as shall be satisfactory to Lessor, or, with Lessors prior written consent, may self-insure against any or all such risks. In no event will the insurance limits be less than the amount of the then applicable Concluding Payment with respect to such Equipment. Each insurance policy will name Lessee as an insured and Lessor or its assigns as an additional insured, and will contain a clause requiring the insurer to give Lessor or its assigns at least thirty (30) days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such polities will be payable to Lessee and Lessor or its assigns as their interests may appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a ceRificate evidencing such insurance. In the event that Lessee has been permitted to self~nsure, Lessee will tumish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto and shall permit Lessor to participate and cooperate with Lessee in making any Gaim for insurance in respect thereof. 16. INDEMNIFICATION. To the extent permitted by law, Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, incuding attorney's fees and couR costs, arising in connection with the Equipment, inducting, but not limited to, its selection, purchase, delivery, installation, possession, use, operation, rejection, or return and the recovery of Gaims under insurance polities thereon. The indemnificetlon provided under this Section shall continue in full force and effect notwithstanding the full payment of all obligations under this Lease or the termination of the Lease Tenn for any reason. ,~j• ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any se interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or (ii) sublet or lend the Eq~.~.,tent or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and t4 this Lease, the Equipment and any documents executed with respect to this Lease and/or grant or assign a security Interest in this Lease and fhe Equipment. in whole or in part, and Lessee's rights will be subordinated thereto. Any such assignees shall have all of the rights of Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the successors and assigrts of the parties hereto. Lessee covenants and agrees not to assert against the assignee any claims or defenses by way of abatement, setoff, counterclaim, riecoupment or the like which Lessee may have against Lessor. Upon assignment of Lessor's interests herein, Lessor will cause written rrotice of such assignment to be sent to Lessee which will be suffitient'rf ft disGoses the name of the assignee and address to which further payments hereunder should be made. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing ff so requested. Lessee shall retain all notices of assignment and maintain a txtok-entry record (as referred to in Section 21) which identifies each owner of Lessors interest in the Lease. Upon Lessee's receipt of written notice of Lessor's assignment of all or any paR of ifs interest in the Lease, lessee agrees to attom to and recognize any such assignee as the owner of Lessors interest in this Lease, and Lessee shall thereafter make such payments, incuding without limitation such Lease Payments, as are indicated in the notice of assignment, to such assignee. 18. EVENT OF DEFAULT. The term "Event of Default," as used herein, means the occurence of any one or more of the folowing events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance wffh the temts of this Lease, anc any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any other covenant, condition, of agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor, (iii) the discovery by Lessor that any statement, representation. or warranty made by Lessee in this Lease or in any writing eve: delivered by Lessee pursuant hereto or in connection herewith was false, misleading, or erroneous in any material respect; (iv) Lesser becomes insolvent, or is unable to pay its debts as they became due, or makes an assignment for the benefit of creditors, applies or consent: to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of any of its assets, or a petition for relief is filed by Lessee under any bankruptcy, insolvency, reorganization or similar laws, or a petition in, or a proceeding under, any bankruptcy, insolvency reorganization or similar laws is filed or instituted against lessee and is not dismissed or fully stayed within twenty (20) days after the filing o institution thereof, (v) Lessee fails to make any payment when due or fails to perform or observe any covenant, condition, or agreement to bE performed by tt under any other agreement or obligation with Lessor or an affiliate of Lessor and any applicable grace period or notice wilt re;pnct thereto shall have elapsed or been given; or (vi) an attachment, levy or execution is threatened or levied upon or against th< Er rent. 19. REMEDIES. Upon the occurence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its option, exercise any one or more of the following remedies: (i) by written notice to Lessee, declare an amount equal to all amounts then dur under the Lease, and all remaining Lease Payments due during the fiscal year of Lessee in which the default occurs to be immediately dur and payable, whereupon the same shall become immediately due and payable; (ii) by written notice to Lessee, request Lessee to (and Lessee agrees that it will), at Lessee's expense, promptly return the Equipment to Lessor in the manner set forth in Section 5 hereof, or lessor, at d ...a~.,.. ...>.. o...o~ „nnn me premises where the Equioment is located and take immediate possession of and remove the same; (iii) sell c lease the Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease Payments and other payments due to the effective date of such selling, leasing or subleasing and for the difference between the purchase price, rental and other amounts paid by the purchaser, lessee or sublessee pursuant to such sale, lease or sublease and the amounts otherwise payable by Lessee hereunder; and (iv) exefy,5e any other right, remedy or privilege which may be available to it under applicable laws of the state where the Equipment is then loc or any other applicable law or proceed by appropriate court action to enforce the terms of this Lease or to recover damages for the bre. . of this Lease or to rescind this Lease as to any or all of the Equipment. In addition, Lessee will remain liable for all covenants and indemnities under this Lease and for all legal fees and other costs and expenses, including court costs, incured by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. 20. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to Lessor, and provided that there is no Event of Default, or an event which with notice or lapse of time, or both, could become an Event of Default, then existing, Lessee will have the right to purohase the Equipment on any Lease Payment date se[ forth in Schedule A hereto by paying to Lessor, on such date, the Lease Payment then due together with the Concluding Payment amount set forth in Schedule A opposite such date. Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, Title and interest in the Equipment to Lessee as is, without waranty, express or implied, except Lessor will warrant that the Equipment is free and clear of any liens created by Lessor. 21. TAX ASSUMPTION; COVENANTS. The parties assume that Lessor can exclude from Federal gross income the interest portion of each Lease Payment set forth in Schedule A under the column captioned "Interest Portion' Lessee covenants that it will (i) register this Lease and transfers thereof in accordance with section 149(a) of the Code and the regulations thereunder, (ii) timely file a statement with respect to this Lease in the required form in accordance with section 149(e) of the Code, (iii) not permit the properly financed by this Lease to be directly or indirectly used for a private business use within the meaning of section 141 of the Code, (iv) not take any action which results, directly or indirectly, in the interest portion of any Lease Payment not being excludable from Federal gross income pursuant to section 103 of the Code and will take any reasonable action necessary to pmvent such result, and (v) not take any action which results in this Lease becoming, and will take any reasonable action to prevent this Lease from becoming (a) an arbitrage obligation within the meaning of section 148 of the Code or (b) federally guaranteed within the meaning of section 149 of the Code. Notwithstanding the earlier termination or expiration of this Lease, the obligations provided for in this Section 21 shall survive such earlier termination or expiretion. 22. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent to mailing. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. 24. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by, the laws of the state of the Equipment Location. 25. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respell to the transaction contemplated by this Lease. 26. ENTIRE AGREEMENT; WAIVER. The Lease Documents constitute the entire agreement between the parties with respect to the lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of this Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Lease. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. IN WITNESS WHEREOF, the parties have executed this Agreement as of [he 14th day of July, 2000. Lessee: Kern County Lessor: Ford Motor Credit Company By: _ ~+ BY: Fr d Henneke Tide: County Judge Title: Frank Mastrella Operations Manager, Municipal Finance Page 1 SCHEDULE 6450502 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT ,._ Lease No 650500 Th~_ equipment Schedule dated as of 10/23/2001, is being executed by Ford Motor Credit Company ("Lessor'), and Kerr County ("Lessee"), as a supplement to, and is hereby made a part of that certain Master Equipment Lease-Purchase Agreement dated as of 07/14/2000 ("Lease"), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, and following items of Equipment: QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO) SUPPLIER 6 (6) 2001 Ford Crown Victoria Police Sedans, with HGAC Fee Philpott Motors 2FAFP71W11X173620, 2FAFP71W31X173621, 2FAFP71W51X173522, 2FAFP71W71X173623, 2FAFP71W91X173624, 2FAFP71W21X173626 EQUIPMENT LOCATION: Kerc County Sheriffs Department 700 Main Street Kemille, TX 78028 Initial Term: 36 Months Commencement Date: 10/23/2001 Pa'1'c Rent 2 Consecutive Annual in Advance Payments of $53,994.45 each (including interest), followed by one final payment of $53,994.66, due under this lease. The Periodic Rent Payment also includes any applicable sales use tax due and payable on the Lease Payment Dates, set forth in Schedule 6450502, Page 2. EXECUTED as of the date first herein set forth. LESSEE: Kerr County LESSOR: Ford Motor Credit Company Sheriffs Department BY: By: Fred Hennel e F nk astrella Title: County Judge Title: Operations Manager, Municipal Finance Counterpart No. 1 of 1 manually executed and serially numbered counterparts. To the extent this Schedule constitutes chattel paper, no security interest herein may be perfected through the possession of any counterpart other than Counterpart No. 1. ~~ - „" . ~ ~_ OPINION OF COUNSEL With respell to that certain Master Equipment Lease-Purchase Agreement 6450500 dated 07/14/2000 by and between Ford Motor Credit Company (Lessor) and Kerr County (Lessee) as Supplemented by Schedule 6450502 thereto (the "Master Agreement"), I am of the opinion that: (1y. Lessee is a political subdivision of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the pc o tax, (b) the power of eminent domain, and (c) police power; (2) Lessee has the requisite power and authority to purchase the Equipment (as defined in the Master Agreement) and to execute and deliver the Master Agreement and to perform its obligations under the Master Agreement; (3) the execution, delivery and performance by Lessee of the Master Agreement have been duly authorized by all necessary action on the part of Lessee; (4) the Uniform Commercial Code of the state where the Equipment is located and/or the certificate of title laws of such state will govern the method of perfecting Lessor's security interest in the Equipment; (5) the Master Agreement has been duly executed and delivered by Lessee and constitutes a legal, valid and binding obligation of Lessee enforceable in accordance with its terms: (6) there are no suits, proceedings or investigations pending or, to my knowledge, threatened against or affecting Lessee, at law or in equity, or before or by any govemmental or administrative agency or instrumentality which, if adversely determined, would have a material adverse effect on the transaction contemplated in the Master Agreement or the ability of Lessee to perform its obligations under the Master Agreement and Lessee is not in default under any material obligation for the payment of borcowed money, for the deferced purchase price of property or for the payment of any rent under any lease agreement which either individually or in the aggregate would have the same such effect; end (7) all required public bidding procedures regarding the award of the Master Agreement and the purchase of the Equipment have been folk~vred by Lessee and no govemmental orders, permissions, consents, approvals or authorizations are required to be obtained and no registrations or deGarations are required to be filed in conneGio~r .witf the execution and delivery of the Master Agreement. r l, ~...... ,,,~.. a..M..."..,.,. m.. ~.,, ~.,,..a SCHEDULE 6450502 -MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT ~-- Lease No. 6450500 AMENDMENT That certain Master Equipment Lease-Purchase Agreement, by and between Ford Motor Credit Company ("Lessor") and Kerr County ("Lessee"), dated as of 07/14/2000 (the "Lease") is hereby amended as follows: Lessee has not issued, and reasonably anticipates that it and its subordinate entities will not issue, tax-exempt obligations (including this Lease) in the amount of more than $10,000,000 during the current calendar year, hereby designates this Lease as a "qual~ed tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, ("Code"); and agrees that it and its subordinate entities will hot designate more than $10,000,000 of their obligations as "qualified tax-exempt obligations" during the current calendar year. Except as amended hereby, the Lease shall otherwise remain unchanged and in full force "' and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the 23rd day of October, 2001. LESSEE: Kerr County Sheriffs Department LESSOR: Ford Motor Credit Company By: By: Fre Henn ke Title: County Judge Title: F k astrella Operations Manager, Municipal Finance APR: 9.253 Lease Trent . ,nber 1 2 3 TOTALS Schedule 6450502 Payment Schedule Lease Payment Lease Date Payment 10 / 23 / 2001 53,999.45 10 / 23 / 2002 53,999.45 10 / 23 / 2003 53,999.66 161,983.56 Interest Portion 0.00 4,312.70 2,201.22 6,513.92 Lease Number Principal Portion 53,999.95 49,681.75 51,793.44 155,469.64 Page 2 6950500 Concluding Payment 101,975.19 51,793.94 1.00 LESSOR: FORD MOTOR CREDIT COMPANY P. O. Box 1739 Dearborn, MI 48121-1739 ,,_, DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment") as fulry installed and in good working condition; and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of the Master Equipment Lease-Purchase Agreement ("Lease") executed by Lessee and Lessor. MASTER LEASE MASTER LEASE SCHEDULE DELIVERY PURCHASE PURCHASE DATE NUMBER 6450502 NUMBER DATE ORDER NO. DATE 07/14/2000 6450500 10/23/2001 1 EQUIPMENT INFORMATION QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER 6 (6) 2001 Ford Crown Victoria Police Sedans, with HGAC Fee Philpott Motors 2FAFP71W11X173620, 2FAFP71W31X173621, 2FAFP71W51X173522, 2FAFP71W71X173623, ~„1 2FAFP71W91X173624, 2FAFP71W21X173626 LESSEE: Kerr County BY: ~ ~~\,~~ _ 700 Main Street ~ Kertville, TX 78028 ~~~z~. ~~) DATE ACCEPTED:~~ '~~~~ This form is to be signed, dated and returned to Ford Motor Credit Company, to the attention of Linda Adamus, upon delivery and acceptance of the above equipment.