~~lloC7l~ 3 ~, 3 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Commissioner Williams OFFICE: Precinct 2 MEETING DATE: September 11, 2006 TIME PREFERRED: 9. ~~ SUBJECT: (Please be specific). Consider, discuss and take appropriate action to contract with Texas State Arts and Crafts Educational Foundation to manage bookings/rentals of Kerr County HCYEC and Union Church. EXECUTIVE SESSION REQUESTED: NAME OF PERSON(S) ADDRESSING THE COURT: Commissioners Williams, Letz and Bob Miller, TSACEF. ESTIMATED LENGTH OF PRESENTATION: IS minutes. IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's forrnal consideration and action at time of Court meetings. Your cooperation is appreciated and contributes towazd your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. Agenda Item Backup Statemen During Budget Workshops, the idea of transferring facilities booking away from the Facilities Maintenance Department was informally discussed. The idea being advanced is to contract with the Texas State Arts & Crafts Educational Foundation to handle the bookings and rentals of Kerr County facilities and equipment (i.e., tables and chairs, etc.). TSACEF management is interested in taking on this responsibility, and they are on the grounds every day. There are several points to consider, such as rental rates, improving/upgrading equipment, and compensation prior to making this change. I Gave invited Bob Miller, Executive Director of TSACEF to discuss this matter with us. HCYEC Revenue. Eaaense and Booking Cost Analysis Revenue: '04-'OS $46,446. 'OS-'06 44,706. 2 yr gross revenue $91,152 Less payments to HCDJLS 9150 Net Revenue 82 002 Eapenses: '04-'OS $194,929. 'OS-'06 193,325. 2-yr operational expense $388,254 Ezpenses over revenue, 2 yrs. $306,252 *******!***************RR**************************************** Boolang Fee Formula Based on 2 year average gross revenue of $45 576- 15% 6836 annually 570 monthly 20% 9115 annually 760 monthly 25% 11344 annually 950 monthly 30% 13672 annually 1139 mornhly Union Church annual revenue for past 2 years averages $1750. 15% 262. annually 20% 350. annually 25% 438. annually 30% 525. annually At 30%, total annual booking fee earned would be $14,197 Current cost to do booking: $22,691 (14/3); $24,235 (14/4 Oct.l) plus roll-up. Proposed salary to do booking: $27,422 (18/1) plus roll-up. Potential Savings to County: $10,038-$13,225 (not including roll-up costs). HCYEC Revenue and Expenses 1994 to Oct 2006 -+-Revenue -~ Disbursements Revenue Disbursements 1994 $ 5,080. 00 $ 64,711 68 1995 $ 11,685. 20 $105,214. 75 1996 $ 13,094. 60 $ 127,621. 46 1997 $ 16,548. 34 $ 117,191. 44 1998 $ 17,186. 63 $ 127,359. 53 1999 $ 21,896. 86 $ 123,753. 57 2000 $ 29,595. 53 $224,082. 69 2001 $ 34,221. 98 $201,602. 57 2002 $ 41,991 01 $219,976 31 2003 $ 24,946 77 $ 206,795 84 2004 $ 32,374. 75 $201,572. 91 2005 $ 32,073. 14 $ 194,929. 36 2006 $ 31,672. 46 $ 194,539. 00 est. last 2 months HCYEC Revenue and Expenses YTD 2006 Revenue = 10 Months Expenses = 11 months 10 months 2006 Net Gross HCDJLS Sanger 2005 $ 2,853. 54 $ 4,402 .25 1175.71 333 2005 $ 4,831. 50 $ 6,216 .50 0 1385 2005 $ 2,822. 50 $ 2,927 .50 0 105 2006 $ 2,044. 75 $ 2,044 .75 0 0 2006 $ (933. 87) $ 900 .00 1833.87 0 2006 $ 3,518. 13 $ 4,118 .13 0 600 2006 $ 3,754. 25 $ 4,234 .25 0 480 2006 $ 1,446. 63 $ 1,992 .63 546 2006 $ 3,782. 95 $ 5,719 .50 613.55 1323 2006 $ 2,273. 33 $ 3,404 .00 536.67 594 $ 26,393. 71 $ 35,959 .51 4159.8 5366 73% 100% 12% 15% Revenue Stream per Mc $ 2,639.37 Labor Aug O6 Maintenance Salaries $ 41,092.04 Superv. $ 20,799.68 Group Insurance $ 19,941.63 Facility Manager $ 13,094.56 Retirement $ 6,074.04 Payroll Tax $ 5,758.71 Part Time $ 1,705.00 Overtime $ 1,381.97 Uniforms $ 881.87 Total Labor $ 110,729.50 Average $ 10,066.32 Other Expense Utilities Bldg. & Grnds. Maint Insurance Trash Pickup Operating Equipment Went Repairs :le maintenance Copier Expense Supplies Dues & Subs Repairs d Outlay Total Other Average $ 21,463.46 $ 11,486.79 $ 5,677.58 $ 3,486.09 $ 2,722.55 $ 2,225.63 $ 2,031.76 $ 958.02 $ 687.08 $ 571 75 $ 58.01 $ 17.91 $ - $ - $ - 68% $ 51,386.63 32% $ 4,671.51 Total Costs $ 162,116.13 100% Average $ 14,746.51 Dec 05 Jun 06 $ 1,221.98 $ 1,252.52 $ 1,890.88 $ 1,890.88 $ 3,735.64 $ 3,735.64 $ 240.00 $ 240.00 $ - $ - $ 519.76 $ 525.46 $ 1,684.50 $ 1,871.28 $ 560.22 $ 541.40 $ 99.70 $ 108.45 $ 9,952.68 $ 10,765.63 $ 1,250.18 $ 797 .51 $ 903. 62 $ 1,477 .31 $ 34. 68 $ 1,177 .97 $ 290. 50 $ 290 .50 $ 223. 78 $ 251 .30 $ - $ - $ 181. 63 $ 92 .19 $ - $ - $ - $ - $ - $ 62 .78 $ 33. 00 $ 25 .01 $ 4. 42 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 2,921. 81 $ 4,174. 57 $ 12,874.49 $ 14,340.20 77% 71% Labor and Overhead Cost per Hour at HCYEC 11 Month Hist Yr. Hours Hr. Cost Management Costs of Labor Facilities Manager $ 13,094.56 Supervisor $ 20,799.68 Allocated Labor Burden A $ 17,984.30 $ 51,878.54 2040 $ 25.43 Facility Labor Costs Maintenance $ 41,092.04 Part Time $ 1,705.00 Overtime $ 1,381.97 Uniforms $ gg1.g7 Allocated Labor Burden B $ 13,790.08 $ 58,850.96 2040 $ 28.85 Total Labor Cost Per Hour at HCYEC $ 64.28 Indirect labor Payroll Tax $ 5,758.71 Group Insurance $ 19,941.63 Retirement $ 6,074.04 Labor burden allocated above. (A+ g = C) C $ 31,774.38 Utilities, Maintenance etc. $ 51,386.63 2040 $ 25.19 Total Hourly rate to allocate Management Labor, Direct Labor and Direct Expenses $ 79.47 ,~ t ~, } Cash Flow from Rental Activities Non• Total 13 hrs. Come Set up! Tear Down In-Door Arena Labor required Facility labor orkers $ g Community Service W $ 1 Staff @ $2829 Per hour 1 Bobcat wl operator @ $45 per hour 1 Tractor w! operator prepare grounds Overhead Allocation 25.19 Utilities & maintenance 13 Hrs @ $ Management Overhead 13 Hrs. @ $25 43 Estimated Cost to Hold Event $ Rental Income for 2 Day Event Rental Rate Schedule of Disc. Rent for the Arena at highest rental rate Total Potential Revenue less 1I3 payment to HCDJLS Inc' Net Potential Cash Flow 367.77 $ 367.77 $ 367 77 $ 367 77 585.00 $ 585.00 $ 585.DD 387.77 $ ? ~ 585.00 $ 585.00 $ ? ~ ~ 327 47 $ 327 47 327 47 $ 327 47 $ 327.47 $ 330.59 $ 330.59 330.59 $ 330.59 $ 330.59 $ 1 610.83 $ 1,610.83 $ 1,610.83 1,610.83 $ 1,610.83 $ ~ Non-Profit Non-Profit Non-Profit 4 Local 2 3 Non-Local 1D0°7° disc. Commercial Non-Profit 1 26°!° disc 80% disc. 100°!° Rate 20°/° disc. 200.00 $ 800.00 $ 750'00 $ 86.00) $ 1,000.00 $ 247 50) ~ 134.00 $ - ,.. ¢ 1240.00) $ Cash Flow from Rental Activities & Tear Down for 250 person event Set Up Labor required• er hour = $14425 Facility Labor $2B.g5 R 4-5 hrs. @ er hour = $169.74 1 person crew 3 hrs @ $28.29 p er hour or a 2 person crew = 1 hr @ 45.00 p Bob Cat $25.19 Overhead allo~?a ntenance 4-5 Hrs. @ Utilities & $ 144.25 $ $ 45.00 $ $ 125.95 $ $ 127.15 $ Management Overhead 4-5 Hrs. @ $25.43 Estimated Gost to Hold Event Rental Rate Schedule of Disc. 144.25 $ 144.25 $ 144,25 $ 144.25 00 45.00 $ 45'00 $ 125.95 $ 125.95 $ 127.15 $ 127.15 $ Local Non-LOOaI Profit 1 Commercial Np9°l° disc. 10D% Rate $ Rental income 40 tables 250 chairs hest rental rate Total Potential Revenue Exhibit Hall rent for 4 hours at hig Net potential Cash Flow 160.00 $ 187.50 $ 45.00 ~ 45 125 95 $ 125 95 127.15 $ 127.15 Non-Profit Non-Profit Non-Profit 3 4 2 82°/° disc. 100°lo disc. 47°lo disc. 120.00 $ 125.00 $ 90.00 $ 30.00 $ _ 93.75 $ 31.25 $ ,~~ Gn $ 62.5 Application for Rental of River Star Arts and Event Park Name: Address: Email Address: _ Date(s) of Event: Type of Event: _ Phone #(s) Expected Attendance: ^ Band/DJ ^ Dance ^ Food ^ Beer/Wine ^ Liquor (Security -Danny Flores 377-3312) Fee Schedule ^ Pavilion ($250) ^ Tables & Chairs - Qt. (60" round table of 8 $15.00 (table $7, chair $1)) ^ Table Covers - Qt. ($3.75 ea.) tables must be covered without using tape, staples or glue. ^ PA System ($50.00) ^ Sound System ($250.00) ^ Ice ^ Charcoal Grill ($65.00) ^ Grounds ($250) ^ Misting Tent 10' x 10' ($50.00) ^ Two-Way Radios ($10.00 each/day) ^ SO' x 10' Pop Up Tent ($50.00 each) -Quantity ^ Golf Carts ($30.00 each/day) ^ Barriers Amenities at No Charae: (available upon request only) ^ Picnic Tables ^ Misting System (Pavilion) ^ Volleyball ^ Horseshoes ^ Ticket Booths ^ Front Gates/Back Gates ^ Park Benches Each Consecutive Additional Day: ^ Pavilion ($175) ^ Grounds ($175) Dates: Set Up/Tear Down Days: ($250) Dates: Electricity for Park Grounds: (Pavilion electricity is included in the cost of the Pavilion) Quantity Description of Fees Permanent 110V 20 amp duplex Outlet Permanent 220V outlet Portable Distribution Panel Installed Portable Extension String (3 ea. 110V 20amp per string) Cost per day Subtotal $20.00 $30.00 $75.00 $60.00 SECURITY DEPOSIT - $250.00 ($50.00 non refundable) (Due with Application) TOTAL RENTAL AMOUNT $ (Due 7 days prior to Event) Hours of Event: Signature of Applicant Date River Star Arts & Event Park Rules & Regulations 1. River Staz Arts & Event Pazk is operated by the Texas Arts & Crafts Educational Foundation. Rental of the Pazk is limited to those events that the Foundation feels reflect the standazds of the community and the Foundation. The Foundation reserves the right to refuse to rent the park and/or to not allow an activity at the Park that does not meet its standards. The Foundation is the sole authority and decision maker as to the appropriate standards to be observed. 2. Lessee agrees to return the park premises and park equipment to its original condition at the end of Lessee's event. Lessee is responsible for removal of all trash and litter from the grounds. Lessee agrees to pay in full for any and all damages incurred by the Park during Lessee's setup, event, and teazdown. It is specifically understood that Lessee's liability is not limited to the security deposit posted rather the full cost of repair and or replacement of all damages. 3. All food and beverage concessions rights aze reserved by the Park unless otherwise agreed to in writing. 4. Signage space is available on the Park Billboard. Lessee is responsible for costs of their Signage, installation and removal. The length of time event Signage will be displayed on the Pazk premises will be determined by the Park Director. No Signage is permitted on the perimeter fencing or entrances without written approval of Park Director. 5. Lessee agrees to provide Liability Insurance in a form and amount acceptable to the Park Director and naming the Pazk and the Foundation as additional insured. Lessee agrees to hold the Pazk and Foundation harmless for any injury to, sickness or illness of, or theft from the Lessee, its employees, volunteers, service personnel and event attendees. 6. A pre-event and post event site inspection may be conducted by the Lessee and the park representative to determine existing conditions. The Park may apply all or part of the security deposit to any charges due from the event including without limitation, charges relating to the clean-up and restoration of the site. The Park shall refund to Lessee any portion of the security deposit not used, less the $50.00 non-refundable deposit. 7. Lessee agrees to provide for and be responsible for adequate security, fire and EMS, trash and parking services as approved by the Park Director during its rental period. Security is required for any event servine alcoholic beverages. Security must be provided by Flores Security unless otherwise agreed to in writing. 8. Designated parking will be determined in advance of your event and will be restricted to certain azeas. Some events may require parking at the Hill Country Youth Exhibit Center at additional costs. Pazking arrangements and costs at the Hill Country Youth Exhibit Center aze the responsibility of the Park Lessee. I have read and understand these rules and regulations; I agree to abide by these rules and regulations. The undersigned warrant the signatories below are the authorized agents of the Foundation and the Lessee and that they have the authority to execute this agreement for and on behalf of the lessee. Event: Lessee River Staz Arts & Event Park Representative Date of Event: Date: Date: C:\Documents and Settings\Frontdesk\My Documents\Penni\River Star\Rental\River Star Rules and Regulations.doc RIVER STAR EVENT PARK RENTAL AGREEMENT Date Lessor: TEXAS ARTS & CRAFTS EDUCATIONAL FOUNDATION, INC. Lessee: Event: Only the activities more fully detained in the Park Rental Application. Date/Time of Event: Rental of: ^ Pavilion ^ Grounds ^ Other Rental Fees: $ All Rental Fees must be paid in full 7 days before the event. Deposits: $ A $250.00 security deposit is required and to "Hold the Date". $50.00 of the deposit is non-refundable. The remaining deposit will be returned to the Lessee within 3 days following the event. Cancellation: The Lessee has until 30 days before the event to cancel and receive a full refund of the deposit. If the Lessee cancels within 30 days of the event, the entire deposit is forfeited unless the rented Premises are otherwise rented for an equal or greater value. Rented Premises: RIVER STAR ARTS & EVENT PARK 1. Rental of Park. Lessor rents to Lessee the Rented Premises for the purposes of conducting the Event during the Term. 2. Rental Fee. Lessee shall pay to Lessor all Rental Fees and Deposits in the amounts and at the times as provided above. 3. Governine Rules and Regulations. Lessee shall use the Rented Premises for the Event in accord with the River Star Arts & Event Park Rules & Regulations attached and only for the event described in the Park Rental Application. 4. Cleanup. Lessee shall, upon the conclusion of the Term, promptly remove all supplies, materials, refuse, and any other materials from the Rented Premises and shall leave the premises in the condition in which the premises were rented. 5. Indemnification. Lessee covenants and agrees to indemnify and hold Lessor harmless from and against any claims for loss, damage (including damage by water), or injury, which may arise or accrue by reason of use by Lessee of the Rented Premises. Further, Lessee agrees to pay to Lessor such 1 C:\Documents and Settings\Frontdesk\My Documents\Penni\River Star\Rental\River Star Rental Agreement.doc costs or expenses, including, but not limited to attorney's fees, incurred by Lessor on such loss, damage or injury. 6. Security Denosit. If Lessee defaults, Lessor may use the Security Deposit to pay any unpaid fees or commissions, repair any damage or injury, or to pay any expense or liability incurred by Lessor as the result of default. 7. Assumption of Responsibility. Lessee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the Rented Premises by the consent of Lessee or with the consent of any person acting for or on behalf of Lessee. 8. Attorney's Fees. Lessee agrees to pay reasonable attorney's fees incurred by Lessor in the enforcement of this Agreement. 9. Assignment. This Agreement and the privileges granted herein, or any part thereof, cannot be assigned, sublet, or otherwise conveyed by Lessee without the written consent of Lessor. 10. Breach of Agreement. Any of the following shall be deemed to constitute a breach of the terms of this Agreement: a. Failure by Lessee to pay any amount of money due hereunder. b. Failure by Lessee to comply with any other provision of this Agreement or the River Staz Arts & Event Park Rules & Regulations. 11. Remedies for Breach. Lessor may, without notice, immediately reenter the Rented Premises and remove all of the property and personnel of Lessee and retain as liquidated damages any sum or sums Lessor may have received from Lessee pursuant to this Agreement. Further, Lessor may recover from Lessee all damages proximately resulting from the breach that are in excess of the liquidated damages. Any such amount shall be immediately due and payable by Lessee. 12. Subordination. This Agreement and all rights of Lessee are subordinated and subject to the existing ground lease with Kerr County. 13. Amendment. This Agreement can only be amended by written agreement signed by both parties. 14. Venue. Any action or judicial proceeding involving this Agreement may be brought only in the Courts of the County of Kerr, State of Texas. Lessee TEXAS ARTS & CRAFTS EDUCATIONAL FOUNDATION, INC., Lessor 2 Date: Date: C:\Documents and Settings\Frontdesk\My Documents\Penni\River Star\Rental\River Star Rental Agreement.doc