2. Consider and Act Upon Adoption of the Meeting Agenda; Pages 1 - 8

NOTICE OF PUBLIC MEETING

TO: THE BOARD OF DIRECTORS OF THE WOODLANDS TOWNSHIP AND TO ALL OTHER INTERESTED PERSONS:

Notice is hereby given that the Board of Directors of The Woodlands Township will hold a Regular Board Workshop on Thursday, January 20, 2011, at 7:30 a.m., at the Office of The Woodlands Township, 10001 Woodloch Forest Drive, Suite 600, The Woodlands, Texas, within the boundaries of The Woodlands Township, for the following purposes:

1. Call workshop session to order;

2. Consider and act upon adoption of the meeting agenda; Pages 1 - 8

3. Recognize public officials;

4. Public comment;

5. Consider and act upon a proclamation in support of the 175th Anniversary of the Pages 9-10 establishment of the Republic of Texas;

6. Chairman recognition of aquatics awards;

POTENTIAL CONSENT AGENDA

7. Receive and consider the potential Consent Agenda;

(This agenda consists of non-controversial or “housekeeping” items required by law that will be placed on the Consent Agenda at the next Board of Director’s Meeting and may be voted on with one motion. Items may be moved from the Consent Agenda to the Regular Agenda by any Board Member making such request.)

a) Receive and consider approval of the minutes of the November 10, 2010

Special Meeting, November 11, 2010 Workshop and November 17, 2010 Pages 11-40 Regular Meeting of the Board of Directors of The Woodlands Township;

b) Receive and consider acceptance of a donation from Sadler Clinic of the Pages 41-46 sculpture “Summertime Sculpture”;

c) Receive and consider approving a resolution in support of the Texas Pages 47-50 Recreation and Parks Account Local Park Grant Program and the Texas State Park System;

2 d) Receive and consider support of legislation to mitigate the impact of the 2010 Pages 51-52 Census on state transportation funding;

e) Receive and consider the 2011 pool fees and operating schedule of the Pages 53-60 community pools;

f) Receive and consider the 2011 boat rental fees and operating schedule for Riva Row Boat House and rental fees and operating schedule for the Recreation Pages 61-66 Center;

g) Receive and consider adoption of a Resolution Adopting a List of Qualified Pages 67-70 Brokers authorized to engage in investment transactions with The Woodlands Township;

h) Receive and consider a Service Agreement with the Panther Creek Village Association for the Flea Market; Pages 71-76

BRIEFINGS

8. Receive and consider a quarterly update from The Woodlands Convention and Visitors Pages 77-116 Bureau;

9. Receive and consider an update regarding proposals for Governance Planning Pages 117-118 Consulting Services;

10. Receive and consider an update regarding selection of a consultant for Law Pages 118-119 Enforcement Study;

POTENTIAL REGULAR AGENDA This agenda consists of items that will be placed on the Regular Agenda at the next Board of Director’s Meeting.

11. Receive a Resolution of Support from the Grogan’s Mill Village Association regarding improvements to the pedestrian bridge across Grogan’s Mill Road (TO BE RECEIVED AT THE JANUARY 26 BOARD OF DIRECTORS MEETING);

12. Receive and consider presentations and approval of the 2011 Parks and Recreation Capital Improvement Projects, approve 2011 budget amendment in connection with Pages 121-128 2010 capital project carryovers, and authorize the President/General Manager to

approve progress payments, invoices, draws and reimbursements in connection

therewith;

13. Receive and consider a recommendation to the Board of Directors regarding numbering of positions for the May election; 13. a Refer to Supplemental Agenda for Adoption of Order calling election (TO BE PRESENTED AT THE JANUARY 26 BOARD OF DIRECTORS MEETING);

14. Receive and consider approving and authorizing execution of a Joint Election Pages 129-164 Agreement with Montgomery County, Texas;

15. Receive and consider approving and authorizing execution of an Election Services Agreement with Montgomery County, Texas; Pages 129-164

16. Receive and consider authorizing execution of an agreement with Premier Election Pages 129-164 Systems for the rental of electronic voting systems;

17. Receive and consider authorizing submission to the United States Department of Pages 165-166 Justice of an election pre-clearance request if necessary;

18. Receive and consider a contract with The Goodman Corporation for transportation Pages 167-180 consulting services for the 2011 calendar year;

19. Receive and consider Village Association Service Agreements; Pages 181-188

20. Receive and consider design of a Request for Proposal for Solid Waste and Recycling Pages 189-252 Services;

21. Receive and consider a report regarding the Bicycle Friendly Community Designation Pages 253-260 application process;

22. Receive and consider selection of a consultant for Parks study to include Sports Fields Pages 261-274 Needs Assessment, Competitive Swimming Needs Assessment and Parks, Pools and Amenities Study;

23. Receive and consider approval of funding to Montgomery County Sheriff’s Office to purchase Chevrolet Tahoes versus Ford Crown Victorias for The Woodlands Patrol; Pages 275-286

24. Receive and consider The Woodlands Fire Department 2011 capital purchase for fire Pages 287-290 apparatus;

25. Receive and consider Easement Agreement with Montgomery County WC&ID#1 for sanitary sewer improvements in the Village of Grogan’s Mill, Section 66, Restricted Pages 291-306 Open Space Reserve A;

26. Receive and consider Covenant Administration Department application Pages 307-308 fee/compliance deposit online processing;

27. Receive and consider approval of tax abatement agreement between The Woodlands Pages 309-350 Township and Forest Ridge Office Condos;

28. Receive and consider a First Amendment to the Consent Agreement with The Pages 351-354 Woodlands Land Development Company;

29. Discussion regarding changes approved by the Board in September 2010, to the Pages 355-356 committee system;

CLOSED MEETING (if applicable)

30. Recess to Executive Session to discuss matters relating to real property pursuant to

§551.072, Texas Government Code; deliberation of economic development

negotiations pursuant to §551.087, Texas Government Code; discuss personnel matters pursuant to §551.074, Texas Government Code; and to consult with The Woodlands Township’s attorney concerning pending litigation pursuant to §551.071, Texas Government Code;

31. Reconvene in Public Session;

32. Administrative Reports

. Community Services;

. Community Policing; . The Woodlands Fire Department;

. The Woodlands Convention & Visitors Bureau;

33. DISCUSS FUTURE AGENDA / ANNOUNCEMENTS

34. Consideration of items to be placed on the agenda for next month’s meeting;

35. Board announcements; and

36. Adjournment.

(SEAL)

Seal is on posted agenda.

President/General Manager for The Woodlands Township

PROCLAMATION

The Woodlands, Texas

BE IT PROCLAIMED:

WHEREAS, The Woodlands Township does on this 20th day of January, 2011, recognize and applaud the 175th anniversary of the establishment of the Republic of Texas; and

WHEREAS, the new and independent nation of Texas did establish its government in Brazoria County; and

WHEREAS, the new government put into practice the thoughts and deeds which shaped the Nation of Texas and attracted the attention of the United States and of the world – from securing the Nation’s independence with the signing of the Treaties of Velasco and the creation of a constitutional government to the popular election of its first national president; and

WHEREAS, the Government of Texas did reach out to the nations of the world in the promotion of trade and to establish itself as a new and equal member of the international community based upon the best ideals of democracy and justice; and

WHEREAS, the actions occurring in this place and at that time have resonated to the furthest reaches of the globe; and

WHEREAS, in recognition of these facts, The Woodlands Township does declare the year 2011 as suitable and proper in lauding and celebrating the accomplishments which took place on this soil 175 years distant; and

NOW, THEREFORE: I, Bruce Tough, as Chairman of the Board of Directors of The Woodlands Township, do hereby recognize and honor the 175th anniversary of the establishment of the Republic of Texas.

IN WITNESS WHEREOF: I have hereunto set my hand and caused this Seal of The Woodlands Township to be affixed hereto this 20th day of January in the year Two Thousand and Eleven.

______Bruce Tough, Chairman of the Board, The Woodlands Township The Woodlands, Texas

10 THE WOODLANDS TOWNSHIP

BOARD OF DIRECTORS

SPECIAL BOARD MEETING

NOVEMBER 10, 2010

MINUTES

THE STATE OF TEXAS §

COUNTIES OF HARRIS & MONTGOMERY §

The Board of Directors of The Woodlands Township met in special session, open to the public, on

November 10, 2010, posted to begin at 3:00 p.m. The meeting was held in a meeting room at the office

of The Woodlands Township, Board Chambers, 10001 Woodloch Forest Drive, Suite 600, The

Woodlands, Texas, within the boundaries of The Woodlands Township.

DIRECTORS PRESENT: Chairman Bruce Tough, Vice Chairman Lloyd Matthews, Secretary Claude Hunter, Treasurer Ed Robb, Director Nelda Blair, Director Tom Campbell, and Director Peggy Hausman

DIRECTORS ABSENT: None

STAFF/ADVISORS: Don Norrell, President/General Manager, John Powers, Assistant General Manager Community Services, Monique Sharp, Assistant General Manager of Finance & Administration, Nick Wolda, Director of Community Relations/CVB President, Karen Dempsey, Management Analyst, Mary Connell, Community Relations Manager, Mike Page, Legal Counsel

CALL TO ORDER;

Chairman Tough called the meeting to order at 3:02 p.m. and declared that notice of this meeting was posted 72 hours in advance at the Courthouses of Montgomery and Harris Counties and inside the boundaries of The Woodlands Township at the office building located at 10001 Woodloch Forest Drive, Suite 600, The Woodlands, Texas. As there was a quorum of members present, the Board proceeded to conduct business regarding the following matters.

CONSIDER AND ACT UPON ADOPTION OF MEETING AGENDA;

Chairman Tough called for a motion and second to adopt the meeting agenda.

MOTION: Motion by Secretary Hunter; second by Director Blair VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter

11 Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

RECOGNIZE PUBLIC OFFICIALS;

There were no public officials in attendance.

PUBLIC COMMENT;

There was no public comment.

Chairman Tough informed the Board that Drew Masterson, First Southwest Company, would be late. In the meantime, the Chair called on Mike Page to provide a brief explanation of the Resolution Authorizing the Issuance, Sale and Delivery of The Woodlands Township’s Sales Tax and Hotel Occupancy Tax Bonds, Series 2010. The Board was also provided reports from Moody’s and Standard & Poor’s. Following Mr. Page’s comments, Mr. Masterson arrived.

Handouts of the above reports are attached hereto as Exhibit “A”, respectively.

RECEIVE AND ACT UPON BIDS AND PROPOSALS FOR THE PURCHASE OF THE TOWNSHIP’S SALES TAX AND HOTEL OCCUPANCY TAX BONDS, SERIES 2010;

Chairman Tough called on Drew Masterson to provide information on the bids and proposals received for the purchase of the Township’s Sales Tax and Hotel Occupancy Tax Bonds. Mr. Masterson distributed a report to the Board on the bids and proposals received. Following Mr. Masterson’s presentation and Board discussion, Chairman Tough called for a motion and second to award the bid and proposal to SAMCO Capital Markets at a rate of 3.985% for the purchase of the Township’s Sales Tax and Hotel Occupancy Tax Bonds, Series 2010.

MOTION: Motion by Director Blair; second by Vice Chairman Matthews VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

Handout material is attached hereto as Exhibit “B”.

CONSIDER AND ACT UPON ADOPTION OF A RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE WOODLANDS TOWNSHIP SALES TAX AND HOTEL OCCUPANCY TAX BONDS, SERIES 2010; APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT AND RELATED DOCUMENTS; AND OTHER PROVISIONS RELATING TO THE SUBJECT;

This item was explained earlier by Mike Page. Chairman Tough then called for a motion and second to adopt the Resolution Authorizing the Issuance, Sale and Delivery of The Woodlands Township’s Sales Tax and Hotel Occupancy Tax Bonds, Series 2010 with the inclusion of the information on page 3-2 of the resolution; approve and authorize execution and delivery of a paying agent/registrar agreement and related documents; and provisions relating to the subject.

MOTION: Motion by Director Blair; second by Director Campbell VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

The Resolution Authorizing the Issuance, Sale and Delivery of The Woodlands Township’s Sales Tax and Hotel Occupancy Tax Bonds, Series 2010 is attached hereto as Exhibit “C”.

CONSIDER AND ACT UPON AUTHORIZING THE COMPLETION AND DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE TOWNSHIP’S 2010 SALES TAX AND HOTEL OCCUPANCY TAX BONDS;

Chairman Tough called on Mike Page to present this item. Following a brief explanation of the process involved in finalizing the Official Statement, Chairman Tough called for a motion and second to authorize the completion and distribution of an Official Statement in connection with the Township’s 2010 Sales Tax and Hotel Occupancy Tax Bonds.

MOTION: Motion by Vice Chairman Matthews; second by Secretary Hunter VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

CONSIDER AND ACT UPON ANY OTHER MATTERS CONCERNING THE DISTRICT’S 2010 SALES TAX AND HOTEL OCCUPANCY TAX BONDS;

No action was needed on this item.

ADJOURNMENT

As there was no further business to discuss, Chairman Tough called for a motion and second to adjourn the meeting at 3:32 p.m.

MOTION: Motion by Secretary Hunter; second by Director Campbell VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

(SEAL) ______Claude Hunter Secretary, Board of Directors

14 EXHIBIT OMISSIONS*

EXHIBIT “A”

EXHIBIT “B”

EXHIBIT “C”

*To view Exhibits, please contact the Records Management Analyst at 281-210-3800.

15 THE WOODLANDS TOWNSHIP

BOARD OF DIRECTORS

WORKSHOP MEETING

NOVEMBER 11, 2010

MINUTES

THE STATE OF TEXAS §

COUNTIES OF HARRIS & MONTGOMERY §

The Board of Directors of The Woodlands Township met in regular session, open to the public, on

November 11, 2010, posted to begin at 7:30 a.m. The workshop session was held in a meeting room at

the office of The Woodlands Township, Board Chambers, 10001 Woodloch Forest Drive, Suite 600, The

Woodlands, Texas, within the boundaries of The Woodlands Township.

DIRECTORS PRESENT: Chairman Tough, Vice Chairman Lloyd Matthews, Secretary Claude Hunter, Treasurer Ed Robb, Director Nelda Blair, Director Tom Campbell and Director Peggy Hausman

DIRECTORS ABSENT: None

STAFF/ADVISORS: Don Norrell, President/General Manager, John Powers, Assistant General Manager Community Services, Monique Sharp, Assistant General Manager of Finance & Administration, Fire Chief Alan Benson, Susan Welbes, Director of Human Resources, Nick Wolda, Director of Community Relations/CVB President, Miles McKinney, Legislative Affairs & Transportation Manager, Karen Dempsey, Management Analyst, Mary Connell, Manager of Community Relations, and Mike Page, Legal Counsel

CALL TO ORDER:

Chairman Tough called the workshop session to order at 7:30 a.m. and declared that notice of this meeting was posted 72 hours in advance at the Courthouses of Montgomery and Harris Counties and inside the boundaries of The Woodlands Township at the office building located at 10001 Woodloch Forest Drive, Suite 600, The Woodlands, Texas. As there was a quorum of members present, the Board proceeded to conduct business regarding the following matters.

CONSIDER AND ACT UPON ADOPTION OF MEETING AGENDA;

Chairman Tough called for a motion and second to adopt the agenda.

MOTION: Motion by Secretary Hunter; second by Vice Chairman Matthews

16 VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

RECOGNIZE PUBLIC OFFICIALS:

Chairman Tough recognized all Veterans in attendance and thanked them for their service.

PUBLIC COMMENT:

• Everett Ison-Concerns regarding trial holiday trolley service to Panther Creek; Veterans Day recognition

The Public Comment Roster is attached hereto as Exhibit “A”.

RECEIVE AND CONSIDER A PROCLAMATION IN SUPPORT OF VETERANS DAY;

Chairman Tough read a proclamation in honor of the service performed by veterans of all United States armed forces. Following the reading, it was announced that the Township will honor veterans in a public gathering at 1:30 p.m. at the flag pole located at the Service Center building. A motion and second was then made to approve the proclamation.

The Proclamation is attached hereto as Exhibit “B”.

RECEIVE AND CONSIDER A PROCLAMATION IN SUPPORT OF “PANCREATIC CANCER AWARENESS MONTH” (TO BE PRESENTED AT NEXT WEEK’S BOARD OF DIRECTORS MEETING);

Chairman Tough informed the Board that this item will be taken up at the November 17, 2010 Regular Board meeting.

17 RECEIVE AND CONSIDER THE POTENTIAL CONSENT AGENDA:

(This agenda consists of non-controversial or “housekeeping” items required by law that will be placed on the Consent Agenda at the next Board Meeting and may be voted on with one motion. Items may be moved from the Consent Agenda to the Regular Agenda by any Board Member making such request.)

Receive and consider approval of the minutes of the October 21, 2010 Workshop, October 27, 2010 Regular Meeting and October 28, 2010 Planning Session of the Board of Directors of The Woodlands Township;

Chairman Tough asked the Board to review the minutes in preparation of the November 17, 2010 Regular Board of Directors’ meeting. Director Campbell noted that a voting matrix was missing for the October 28, 2010 Planning Session. This item, with the inclusion of a voting matrix for the October 28, 2010 Planning Session, will be brought forward to the November 17, 2010 Regular Board meeting for approval under the Consent Agenda.

Receive and consider an award of bid for pool chemicals;

John Powers provided a summary of this item with a recommendation that the Board award Progressive Commercial Aquatics, Inc. the bid to provide pool chemicals for the Township’s facilities for 2011 and authorize the President/General Manager to execute a contract for these services. Discussion followed. This item will be brought forward to the November 17, 2010 Regular Board meeting for approval under the Consent Agenda.

Receive and consider an award of bid for fuel;

John Powers provided a summary of this item with a recommendation that the Board award the bid for fuel to Sundance Fuels and authorize the President/General Manager to execute a contract for these services. Discussion followed. This item will be brought forward to the November 17, 2010 Regular Board meeting for approval under the Consent Agenda.

Receive and consider award of bids for clearing and grading; irrigation and sod; lighting; and parking lot for the Alden Bridge Sports Park expansion;

John Powers provided a summary of this item with a recommendation that the Board award bids for Project A, clearing and grading, to Al Earth in the amount of $75,196; for Projects B and D, irrigation and sod and parking lot, to BIO Landscape in the amount of $262,619; and Project C, sport fields lights, to LiteCo Electric in the amount of $149,826 and authorize the President/General Manager to execute contracts for these services. Discussion followed. PLACE ON NOVEMBER 17, 2010 REGULAR AGENDA

Receive and consider an encroachment agreement with ConocoPhillips regarding Alden Bridge Sports Park expansion;

John Powers provided a summary of this item with a recommendation that the Board approve an encroachment agreement with ConocoPhillips and authorize the President/General Manager to execute said agreement. Discussion followed. This item will be brought forward to the November 17, 2010 Regular Board meeting for approval under the Consent Agenda.

Receive and consider a Park Use Agreement with Interfaith of The Woodlands for a vegetable and fruit garden at Alden Bridge Sports Park;

18 John Powers presented a summary of this item with a recommendation that the Board approve the Park Use Agreement with Interfaith of The Woodlands for a fruit and vegetable garden at Alden Bridge Sports Park and authorize the President/General Manager to execute a contract for these services. Discussion followed. PLACE ON NOVEMBER 17, 2010 REGULAR AGENDA

Receive and consider conveyance of Special Warranty Deed for Creekside Park, Section 14 Restricted Open Space Reserve J, Jagged Ridge Park;

John Powers presented a summary of this item with a recommendation that the Board accept the conveyance by Special Warranty Deed Restricted Open Space Reserve J, also known as Jagged Ridge Park, the Village of Creekside Park, Section 14, from The Woodlands Land Development Company, L.P. Discussion followed. This item will be brought forward to the November 17, 2010 Regular Board meeting for approval under the Consent Agenda.

Receive and consider approval of an addition to the park and pathway maintenance contract with BIO Landscape & Maintenance, Inc. for Jagged Ridge Park;

John Powers presented a summary of this item with a recommendation that the Board approve the addition to the Park and Pathway Maintenance Agreement with BIO Landscape & Maintenance, Inc. for Jagged Ridge Park in the amount of $5,333 per year and authorize the President/General Manager to execute the agreement. Discussion followed. This item will be brought forward to the November 17, 2010 Regular Board meeting for approval under the Consent Agenda.

Receive and consider conveyance of pathway easements in the Village of Sterling Ridge Section 12, Restricted Reserve A and Section 8, Restricted Reserve D;

John Powers presented a summary of this item with a recommendation that the Board accept the conveyance of Pathway Easements from The Woodlands Land Development Company, L.P. for easements in the Village of Sterling Ridge, Section 12, Reserve A and Section 8, Reserve D and authorize the President/General Manager to execute agreements. Discussion followed. This item will be brought forward to the November 17, 2010 Regular Board meeting for approval under the Consent Agenda.

Receive and consider a Memorandum of Understanding with Tomball Independent School District;

John Powers presented a summary of this item with a recommendation that the Board approve the Memorandum of Understanding (MOUI) with the Tomball Independent School District and authorize the President/General Manager to execute the MOU. Discussion followed. This item will be brought forward to the November 17, 2010 Regular Board meeting for approval under the Consent Agenda.

Receive and consider a request from the Drury Inn to waive a late fee on local hotel occupancy tax deposit for the month of October;

Monique Sharp presented a summary of this item with a recommendation that the Board determine whether to grant a waiver of the late fee as requested by Drury Inn. Discussion followed. PLACE ON NOVEMBER 17, 2010 REGULAR AGENDA

BRIEFINGS;

Receive a report on 2010-2011 Convention Center Activities;

Fred Domenick, General Manager of The Woodlands Marriot Hotel & Convention Center, made a PowerPoint presentation that highlighted hotel and catering revenues and holiday bookings/projections.

19 Additionally, Mr. Domenick provided an update on the hotel and convention center renovation projects. A 2011 forecast was also provided.

A copy of the PowerPoint presentation is attached hereto as Exhibit “C”.

Receive a quarterly update from The Woodlands Convention and Visitors Bureau;

Nick Wolda made a PowerPoint presentation to the Board that included updates on services, visitor activity, special event attendance, and destination marketing efforts during the 3rd quarter. A financial report was also made for the nine months ended September 30, 2010.

Copies of the Executive Summary and financial report are attached hereto as Exhibits “D” and “E”, respectively.

POTENTIAL REGULAR AGENDA;

This agenda consists of items that will be placed on the Regular Agenda at the next Board of Directors’ Meeting.

Receive and consider approval of policies related to the election of the Board of Directors for The Woodlands Township;

Mike Page was called on to present this item. Mr. Page reviewed a draft resolution containing proposed statements of policy. Board discussion followed. This item will be brought forward to the November 17, 2010 Regular Board meeting for consideration and action.

Receive and consider establishment of an initial date for candidate filing for The Woodlands Township Board of Directors election and authorize the President/General Manager to post notice of the candidate application filing period;

Mike Page presented a summary of this item with a recommendation that the Board establish the initial date of candidate filing for The Woodlands Township Board of Directors Election and authorize the President for The Woodlands Township to post the required notice of candidate application filing period. Discussion followed. This item will be brought forward to the November 17, 2010 Regular Board meeting for consideration and action.

Receive and consider purchase of Specialized Equipment, Automated License Plate Recognition (ALPR) and development of a K-9 Unit for Montgomery County Sheriff’s Office;

Captain Andy Eason presented a summary of this item using a PowerPoint presentation. It was recommended that the Board authorize the purchase of the ALPR Unit and the K-9 Unit for the Montgomery County Sheriff’s Office. Discussion followed. This item will be brought forward to the November 17, 2010 Regular Board meeting for consideration and action.

Receive and consider extending the Memorandum of Understanding (MOU) with the City of Shenandoah;

John Powers presented a summary of this item with a recommendation that the Board approve the extension of the MOU with the City of Shenandoah for one year and authorize the President/General Manager execute the MOU (technically an amendment to the MOU). Discussion followed. PLACE ON NOVEMBER 17, 2010 CONSENT AGENDA

20 Receive and consider an amendment to the Investment Policy of The Woodlands Township and adoption of a resolution in connection therewith;

Monique Sharp presented a summary of this item. Proposed changes to the resolution were also discussed. Mike Page also made suggestions for the Board’s consideration. Discussion followed. PLACE ON NOVEMBER 17, 2010 CONSENT AGENDA

Receive and consider a Project Management Agreement with Damon Palermo, Managing Principal of PalermoBarr Commercial Real Estate Advisors;

Don Norrell was called on to present this item. Mr. Norrell informed the Board that an agreement is not ready at this point in time. Discussion followed. This item will be brought forward to the November 17, 2010 Regular Board meeting for consideration and action.

Receive and consider a proposal to provide architectural design services for the remodeling of the 9012 New Trails office building;

Don Norrell presented a summary of this item and informed the Board that Requests for Proposals were currently out and due back on November 16, 2010. Discussion followed. This item will be brought forward to the November 17, 2010 Regular Board meeting for consideration and action.

Receive and consider approval of appointments to the Booking & Blocking Committee of The Woodlands Township;

Nick Wolda presented a summary of this item with a recommendation that the Board reappoint both Nick Wolda of The Woodlands Township/The Woodlands CVB for a three year term and Sheron Jones of The Woodlands Waterway Marriott Hotel & Convention Center for a one year term on the Booking and Blocking Committee. Discussion followed. PLACE ON NOVEMBER 17, 2010 CONSENT AGENDA

Consider and discuss the established guidelines for participating in public meetings;

Karen Dempsey provided background information on this item and reviewed the current established guidelines for participating in public meetings. Discussion followed. Chairman Tough recommended that staff bring forth three public comment options for the Board to consider and act upon at the November 17, 2010 Regular Board meeting.

Receive and consider a request from Director Robb regarding consideration of a Sister City program;

Karen Dempsey presented a summary of this item and informed the Board that there was no interest expressed from any of the entities contacted regarding their interest in spearheading an effort to develop a Sister City program. Discussion followed. REMOVE FROM NOVEMBER 17, 2010 REGULAR AGENDA

Consider and act upon a “holiday trial” program with The District for trolley service and a budget amendment in connection therewith;

Miles McKinney presented a summary of this item and informed the Board that Regency Management, owner and manager of Panther Creek Shopping Center, had not committed to the trial program due to parking concerns. Discussion followed. This item will be brought forward to the November 17, 2010 Regular Board meeting for consideration and action.

21 Discuss cancellation of the December 9, 2010 Board of Directors regularly scheduled workshop and the December 15, 2010 regularly scheduled Board meeting of The Woodlands Township;

Don Norrell presented a summary of this item with a recommendation that the Board cancel meetings in December. Mr. Norrell informed Board members that they should hold December 9, 2010 open on their calendars just in case there would be a need to hold a meeting. Discussion followed. This item will be brought forward to the November 17, 2010 Regular Board meeting for consideration and action.

CLOSED MEETING (if applicable);

Recess at 10:40 a.m. to Executive Session to discuss matters relating to real property pursuant to §551.072, Texas Government Code; deliberation of economic development negotiations pursuant to §551.087, Texas Government Code; discuss personnel matters pursuant to §551.074, Texas Government Code; and to consult with The Woodlands Township’s attorney concerning pending litigation pursuant to §551.071, Texas Government Code;

Reconvene in Public Session at 11:27 a.m.;

Chairman Tough announced that it would not be necessary to take action at this time on matters discussed in Executive Session.

ADMINISTRATIVE REPORTS;

Community Services: presented by John Powers

• Received three applications for mobile vending permits • 3R Bazaar to take place Saturday, November 13, 2010 • “Watch Talk Wednesday” programs postponed in November and December; program will resume in January 2011 • Comcast will be enhancing their network to deliver Xfinity all-digital services to customers in The Woodlands • New traffic signal under construction at Gosling and Creekside Forest Drive • Township employees kicking-off United Way campaign • Township offices will be closed for Thanksgiving on November 25 and 26 • Jagged Edge Park in the Village of Creekside Park is 99% complete

Community Policing: no report

The Woodlands Fire Department: no report

The Woodlands Convention & Visitors Bureau: presented by Nick Wolda

• Provided a handout regarding the holiday season

DISCUSS FUTURE AGENDA/ANNOUNCEMENTS;

Consideration of items to be placed on the agenda for next month’s meeting;

• Director Campbell suggested that the Township use a Town Hall meeting to begin educating residents on governance options.

22 Board announcements; and

There were no announcements.

Adjourn

As there was no further business to discuss, Chairman Tough called for a motion and second to adjourn the meeting at 11:31 a.m.

MOTION: Motion by Treasurer Robb; second by Director Campbell VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

(SEAL) ______Claude Hunter Secretary, Board of Directors

EXHIBIT OMISSIONS*

EXHIBIT “A”

EXHIBIT “B”

EXHIBIT “C”

EXHIBIT “D”

EXHIBIT “E”

*To view Exhibits, please contact the Records Management Analyst at 281-210-3800.

24 THE WOODLANDS TOWNSHIP

BOARD OF DIRECTORS

REGULAR BOARD MEETING

NOVEMBER 17, 2010

MINUTES

THE STATE OF TEXAS §

COUNTIES OF HARRIS & MONTGOMERY §

The Board of Directors of The Woodlands Township met in regular session, open to the public, on

November 17, 2010, posted to begin at 6:00 p.m. The meeting was held at the office of The Woodlands

Township, Service Center, 2201 Lake Woodlands Drive, The Woodlands, Texas, within the boundaries of

The Woodlands Township.

DIRECTORS PRESENT: Chairman Bruce Tough, Vice Chairman Lloyd Matthews, Secretary Claude Hunter, Treasurer Ed Robb, Director Nelda Blair**, Director Tom Campbell, and Director Peggy Hausman

DIRECTORS ABSENT: **Indicates arrived late

STAFF/ADVISORS: Don Norrell, President/General Manager, John Powers, Assistant General Manager Community Services, Monique Sharp, Assistant General Manager of Finance & Administration, Nick Wolda, Director of Community Relations/CVB President, Miles McKinney, Legislative Affairs & Transportation Manager, Karen Dempsey, Management Analyst, Mary Connell, Community Relations Manager, Mike Page and Bret Strong, Legal Counsel

CALL TO ORDER;

Chairman Tough called the meeting to order at 6:00 p.m. and declared that notice of this meeting was posted 72 hours in advance at the Courthouses of Montgomery and Harris Counties and inside the boundaries of The Woodlands Township at the office building located at 2201 Lake Woodlands Drive, The Woodlands, Texas. As there was a quorum of members present, the Board proceeded to conduct business regarding the following matters.

CONSIDER AND ACT UPON ADOPTION OF MEETING AGENDA;

Chairman Tough called for a motion and second to adopt the meeting agenda.

MOTION: Motion by Secretary Hunter; second by Director Campbell VOTE: Ayes: Chairman Tough Vice Chairman Matthews

25 Secretary Hunter Treasurer Robb Director Campbell Director Hausman Nays: None Absent: Director Blair ACTION: Motion passed unanimously.

RECOGNIZE PUBLIC OFFICIALS;

Chairman Tough recognized the following individuals:

• Al Shaffer-Boy Scout from Troop 777; working on Citizenship in the Community merit badge • Joel Deretchin-Former President of TWA and WCOA • Anthony Fasone-Former TWA Director

PUBLIC COMMENT;

The following members of the public addressed the Board:

• Anthony Fasone-Expressed support for the K-9 Unit • Nancy Hathaway-“Veggie Village” support • Sylvia Campbell-“Veggie Village” support • Peggy Hendrix-“Veggie Village” support

The Public Comment Roster is attached hereto as Exhibit “A”.

CONSIDER AND ACT UPON A PROCLAMATION IN SUPPORT OF “PANCREATIC CANCER AWARENESS MONTH”;

Chairman Tough read a proclamation in support of “Pancreatic Cancer Awareness Month” which he then signed. Following the presentation, Chairman Tough called on Ruth Helgerud, volunteer Advocacy Coordinator for the Houston affiliate of the Pancreatic Cancer Action Network. Ms. Helgerud expressed appreciation for the Board’s support and efforts in promoting pancreatic cancer awareness in the community. Chairman Tough then called for a motion and second to approve a proclamation in support of Pancreatic Cancer Awareness Month.

MOTION: Motion by Secretary Hunter; second by Vice-Chairman Matthews VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Campbell Director Hausman Nays: None Absent: Director Blair ACTION: Motion passed unanimously

A Proclamation in Support of “Pancreatic Cancer Awareness Month” is attached hereto as Exhibit “B”.

RECEIVE AND CONSIDER THE LAW ENFORCEMENT REPORT FROM CAPTAIN EASON WITH THE MONTGOMERY COUNTY SHERIFF’S OFFICE;

Captain Eason reported that twenty-law enforcement students attended a forty hour community oriented and crime prevention seminar facilitated by Marian Leck, Director of Law Enforcement for The Woodlands Township and Lieutenant Brady Fitzgerald. The sheriff’s department plans to have two more training classes in 2011. Captain Eason also presented statistical data for District 6, The Woodlands.

RECEIVE AND CONSIDER REPORTS FROM VILLAGE ASSOCIATION REPRESENTATIVES;

Reports were provided by the following Village Association (VA) representatives:

Alden Bridge VA-Steve Leakey reported that Judge Sadler was the featured speaker at the last meeting; near quota for the fall flea market; no December meeting; holiday reception to be held December 14 at Rico’s in the Alden Bridge Village Center; guest speaker at the January 2011 meeting will be Karen Hoylman, President of the South Montgomery County Woodlands Chamber of Commerce

Cochran’s Crossing VA-Brian Duelm reported that turn-out at the fall village festival was lighter than in past years; near quota for the fall flea market; holiday light contest begins December 8; September baseball game outing had light attendance at the fall village festival; website is now active; concerns about a pet shooting and parking at Market Street

Grogan’s Mill VA-Bruce Cunningham reported that the Farmers’ Market continues to grow and will operate every Saturday through December 12; association will make suggestions to Parks and Recreation regarding improvements to be made to Sawmill Park; a resolution will be formally presented to the Board at the January 2011 regular meeting regarding improvements to the bridge that spans across Grogan’s Mill road

Panther Creek VA-Everett Ison reported that the fall flea market was a success; recognized veterans; no December meeting; a Christmas dinner is planned for the month of December; questions about the Lake Woodlands Property Owners Association; would like Joel Deretchin or another representative of the LWPOA Board to attend an upcoming meeting to answer some questions

College Park VA-No report

Creekside Park VA-No report

Indian Springs VA-No report

Sterling Ridge VA-No report

The Village Association Representatives’ Sign In Sheet is attached hereto as Exhibit “C”.

CONSENT AGENDA:

27 CONSIDER AND ACT UPON THE CONSENT AGENDA;

(a) Approve the minutes of the October 21, 2010 Workshop, October 27, 2010 Regular Meeting and October 28, 2010 Planning Session of the Board of Directors of The Woodlands Township; (b) Award Progressive Commercial Aquatics, Inc. the bid to provide pool chemicals for the Township’s facilities for 2011 and authorize the President/General Manager to execute a contract for these services; (c) Award the bid for fuel to Sundance Fuels and authorize the President/General Manager to execute a contract for these services; (d) Approve an Encroachment Agreement with ConocoPhillips and authorize the President/General Manager to execute said agreement; (e) Accept the conveyance by Special Warranty Deed Restricted Open Space Reserve J, also known as Jagged Ridge Park, the Village of Creekside Park, Section 14, from The Woodlands Development Company, L.P.; (f) Approve the addition to the Park and Pathway Maintenance Agreement with BIO Landscape & Maintenance, Inc. for Jagged Ridge Park in the amount of $5,333 per year and authorize the President/General Manager to execute the agreement; (g) Accept the conveyance of Pathway Easements from The Woodlands Land Development, L.P. for easement in the Village of Sterling Ridge, Section 12, Reserve A and Section 8, Reserve D and authorize the President/General Manager to execute the agreements; (h) Approve the Memorandum of Understanding (MOU) with the Tomball Independent School District and authorize the President/General Manager to execute the MOU; (i) Approve the extension of the Memorandum of Understanding (MOU) with the City of Shenandoah for one year and authorize the President/General Manager to execute the MOU; (j) Approve the amendment to the Investment Policy of The Woodlands Township and adopt a resolution in connection therewith; (k) Approve reappointing Nick Wolda of The Woodlands Township/The Woodlands CVB for a three- year term and Sheron Jones of The Woodlands Waterway Marriott Hotel & Convention Center for a one-year term on the Booking and Blocking Committee.

Chairman Tough called for a motion and second to adopt the Consent Agenda.

MOTION: Motion by Secretary Hunter; second by Director Campbell VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Campbell Director Hausman Nays: None Absent: Director Blair ACTION: Motion passed unanimously.

Executive Summaries, resolution and supporting materials for Consent Agenda items are attached hereto collectively as Exhibit “D”.

BRIEFINGS:

There were no briefings.

28 REGULAR AGENDA:

CONSIDER AND ACT UPON THE FINANCIAL REPORT;

Monique Sharp presented the Financial Report and referred the Board to handout material containing the General Purpose Financial Statements as of and for the ten months ended October 31, 2010. After a review of the Combined Financial Statements and Monthly Investment Report, a report on the General Fund Budget vs. Actual was presented. Ms. Sharp then reported on the Township’s sales tax collections, hotel occupancy tax collections, and property tax collections. Discussion followed. Chairman Tough then called for a motion and second to approve the Financial Report.

MOTION: Motion by Treasurer Robb; second by Director Campbell VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Campbell Director Hausman Nays: None Absent: Director Blair ACTION: Motion passed unanimously.

The Financial Report is attached hereto as Exhibit “E”.

CONSIDER AND ACT UPON AWARD OF BIDS FOR CLEARING AND GRADING; IRRIGATION AND SOD; LIGHTING; AND PARKING LOT FOR THE ALDEN BRIDGE SPORTS PARK EXPANSION;

Chairman Tough called on John Powers to present this item. Mr. Powers referenced information found in two Executive Summaries and called the Directors’ attention to both documents. Various options to the parking lot issue were reviewed by Mr. Powers and a proposed recommendation was made. Discussion followed. Chairman Tough then called for a motion and second to award the bids for Project A, clearing and grading including expanded parking area to Al Earth in the amount of $80,351; for Projects B & D, irrigation and sod and parking lot to Bio Landscape including expanded parking area in the amount of $293,204; and Project C, sport fields lights to LiteCo Electric in the amount of $207,523, and authorize the President/General Manager to execute contracts for these services.

Note: Director Blair arrived during discussion of the above item.

MOTION: Motion by Vice Chairman Matthews; second by Treasurer Robb VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

Chris Nunes, Director of Parks and Recreation for The Woodlands Township, and his staff were recognized by John Powers for their time and effort in putting together information on the above project.

Executive Summaries for this item and related materials are attached hereto as Exhibit “F”.

CONSIDER AND ACT UPON A PARK USE AGREEMENT WITH INTERFAITH OF THE WOODLANDS FOR A VEGETABLE AND FRUIT GARDEN AT ALDEN BRIDGE SPORTS PARK;

Chairman Tough called on John Powers to present this item. Mr. Powers provided a summary of this item as outlined in an Executive Summary. Discussion followed. Chairman Tough then called for a motion and second to approve the Park Use Agreement with Interfaith of The Woodlands for a fruit and vegetable garden at Alden Bridge Sports Park and authorize the President/General Manager to execute a contract for these services.

MOTION: Motion by Director Blair; second by Treasurer Robb. Director Hunter offered an amendment to designate the entire garden area to be used by Interfaith. The amendment was not accepted by Director Blair and Treasurer Robb. Chairman Tough next called for a vote on the original motion. VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

The Executive Summary for this item is attached hereto as Exhibit “G”.

CONSIDER AND ACT UPON A REQUEST FROM THE DRURY INN TO WAIVE A LATE FEE ON LOCAL HOTEL OCCUPANCY TAX DEPOSIT FOR THE MONTH OF OCTOBER;

Chairman Tough called on Monique Sharp to present this item. Ms. Sharp distributed a handout to the Board regarding past history on late fees and then provided a summary of the item as outlined in an Executive Summary. Discussion followed.

MOTION: Motion by Vice Chairman Matthews to not approve a request from the Drury Inn to waive a late fee on local hotel occupancy tax deposit for the month of October; second by Director Hausman VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

The Executive Summary and handout material for this item are attached hereto as Exhibits “H” and “I”, respectively.

30 CONSIDER AND ACT UPON APPROVAL OF POLICIES RELATED TO THE ELECTION OF THE BOARD OF DIRECTORS FOR THE WOODLANDS TOWNSHIP;

Chairman Tough called on Mike Page to present this item. Mr. Page presented a summary of this item and reviewed minor changes made to the draft resolution that was discussed at the November 11, 2010 Board Workshop. Additionally, Mr. Page noted that the first clause of Section 6 should include the words: “or other applicable law”. Discussion followed.

MOTION: Secretary Hunter then moved to approve policies related to the election of the Board of Directors for The Woodlands Township, with the above mentioned change, and adopt a resolution in connection therewith; second by Director Campbell VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously..

A Resolution regarding Election Policies and Procedures is attached hereto as Exhibit “J”.

CONSIDER AND ACT UPON ESTABLISHMENT OF AN INITIAL DATE FOR CANDIDATE FILING FOR THE TOWNSHIP BOARD OF DIRECTORS ELECTION AND AUTHROIZE THE PRESIDENT/GENERAL MANAGER TO POST NOTICE OF THE CANDIDATE APPLICATION FILING PERIOD;

Chairman Tough informed the Board that no action was required on this item based on the approval of election policies in the previous agenda item.

CONSIDER AND ACT UPON THE PURCHASE OF SPECIALIZED EQUIPMENT, AUTOMATED LICENSE PLATE RECOGNITION AND DEVELOPMENT OF A K-9 UNIT FOR MONTGOMERY COUNTY SHERIFF’S OFFICE;

Chairman Tough referred the Board to pages 119-132 in their meeting book for review. Captain Eason presented this item at the Board Workshop on November 11, 2010; therefore, there was no need for an additional presentation. Chairman Tough then called for a motion and second to authorize purchase of specialized equipment, automated license plate recognition and development of a K-9 unit for the Montgomery County Sheriff’s Office. Discussion followed.

MOTION: Motion by Secretary Hunter; second by Director Blair VOTE; Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

The Executive Summary for this item and related materials are attached hereto collectively as Exhibit “K”.

CONSIDER AND ACT UPON A PROJECT MANAGEMENT AGREEMENT WITH DAMON PALERMO, MANAGING PRINCIPAL FO PALERMOBARR COMMERCIAL REAL ESTATE ADVISORS;

MOTION: Motion by Director Blair to approve the Project Management Agreement with Palermo REI, LP and authorize the President/General Manager to execute an agreement in connection therewith; second by Secretary Hunter VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

The Executive Summary for this item is attached hereto as Exhibit “L”.

CONSIDER AND ACT UPON A PROPOSAL TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR THE REMODELING OF THE 9012 NEW TRAILS OFFICE BUILDING;

Chairman Tough called on Don Norrell to present background information on this item. Following Mr. Norrell’s comments, Damon Palermo was called on to make a presentation. Mr. Palermo distributed handout material to the Board and then commented on a Request for Qualifications and Proposals Decision Matrix that was used to evaluate three pre-selected architectural firms: Kirksey Architects, PGAL, and Gensler. Based on his evaluation, Mr. Palermo recommended that the Board use Kirksey Architects to perform architectural and engineering design services for the remodeling project. Chairman Tough then called for a motion and second to approve a proposal to provide architectural design services to Kirksey Architects for the remodeling of the 9012 New Trails office building for a fee not-to-exceed $95,000. Discussion followed.

MOTION: Motion by Director Campbell; second by Secretary Hunter VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

Handout material for this item is attached hereto as Exhibit “M”.

CONSIDER AND ACT UPON ESTABLISHING GUIDELINES FOR PARTICIPATING IN PUBLIC MEETINGS;

Chairman Tough called on Karen Dempsey to present this item. Ms. Dempsey provided handout material to the Board and then reviewed three options for participating in public meetings. The three options that were reviewed included: Option 1-Keep Public Comment As-Is; Option 2: Add Public Comment at End; Option 3: Public Comment at Beginning, End and at Agenda Item. Following Ms. Dempsey’s presentation, a motion and second was made to adopt Option 3. Discussion followed.

MOTION: Motion by Director Campbell; second by Secretary Hunter VOTE: Ayes: Chairman Tough Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: Vice Chairman Matthews Absent: None ACTION: Motion passed.

The Executive Summary and handout material regarding this item are attached hereto collectively as Exhibit “N”.

CONSIDER AND ACT UPON A “HOLIDAY TRIAL” PROGRAM WITH THE DISTRICT FOR TROLLEY SERVICE AND A BUDGET AMENDMENT IN CONNCECTION THEREWITH;

Chairman Tough called on Miles McKinney to present a summary of this item. Mr. McKinney informed the Board that Regency Management, owner and property manager of the Panther Creek Village Center, had not approved the “holiday trial” trolley program. As this was the case, Chairman Tough informed the Board that there would be no action taken on this item.

The Executive Summary for this item is attached hereto as Exhibit “O”.

CONSIDER AND ACT UPON CANCELLATION OF THE DECEMBER 9, 2010 BOARD OF DIRECTORS REGULARLY SCHEDULED WORKSHOP AND THE DECEMBER 15, 2010 REGULARLY SCHEDULED BOARD MEETING OF THE WOODLANDS TOWNSHIP;

There was no need for added discussion on this item. Chairman Tough then called for a motion and second to approve cancellation of the December 9, 2010 Board of Directors regularly scheduled workshop and the December 15, 2010 regularly scheduled Board meeting of The Woodlands Township. Chairman Tough asked the Board to keep December 9, 2010 available in case there was a need to call a special Board meeting. Discussion followed.

MOTION: Motion by Director Blair; second by Vice Chairman Matthews VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb

33 Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

The Executive Summary for this item is attached hereto as Exhibit “P”.

CONSIDER AND ACT UPON ABANDONMENT OF PATHWAY EASEMENTS AND ACCEPTANCE OF REPLACEMENT PATHWAY EASEMENTS IN THE VILLAGE OF GROGAN’S MILL;

Chairman Tough called on John Powers to present this item. Mr. Powers provided clarification on this item by way of a visual diagram of the area under consideration. Following Mr. Powers’ presentation, Chairman Tough called for a motion and second to approve the Abandonment and Reconveyance of Easements, the Partial Abandonment and Reconveyance of Easement, and accept the conveyance of the Pathway Easement with The Woodlands Land Development Company, L.P. and authorize the President/General Manager to execute such agreements upon final legal review and fulfillment of the steps cited herein to construct the new replacement pathways. Discussion followed.

MOTION: Motion by Director Blair; second by Secretary Hunter VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

The Executive Summary for this item is attached hereto as Exhibit “Q”.

CONSIDER AND ACT UPON SALE OF PROPERTY TO MONTGOMERY COUNTY HOSPITAL DISTRICT;

Chairman Tough called on Don Norrell to present this item. Mr. Norrell provided a summary of this item as outlined in an Executive Summary. Following Mr. Norrell’s presentation, Chairman Tough called for a motion and second to approve the conceptual proposal to sell Township-owned property located at 250 Harper’s Landing Boulevard Drive to Montgomery County Hospital District and authorize the President/General Manager to develop all necessary documents and agreements for final consideration by the Board on January 26, 2011. Discussion followed.

MOTION: Motion by Director Campbell; second by Vice Chairman Matthews VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman

34 Nays: None Absent: None ACTION: Motion passed unanimously.

The Executive Summary for this item is attached hereto as Exhibit “R”.

CLOSED MEETING (IF APPLICABLE):

RECESS AT 8:18 P.M. TO EXECUTIVE SESSION TO DISCUSS MATTERS RELATING TO REAL PROPERTY PURSUANT TO §551.072, TEXAS GOVERNMENT CODE; DELIBERATION OF ECONOMIC DEVELOPMENT NEGOTIATIONS PURSUANT TO §551.087, DISCUSS PERSONNEL MATTERS PURSUANT TO §551.074; TEXAS GOVERNMENT CODE’ AND TO CONSULT WITH THE WOODLANS TOWNSHIP’S ATTORNEY CONCERNING PENDING LITIGATION PURSUANT TO §551.071. TEXAS GOVERNMENT CODE;

RECONVENE IN PUBLIC SESSION AT 8:29 P.M.;

Chairman Tough announced that it would be necessary to take action on personnel matters.

CONSIDER AND ACT UPON THE PRESIDENT/GENERAL MANAGER’S PERFORMANCE REVIEW AND COMPENSATION;

MOTION: Motion by Vice Chairman Matthews to increase the base salary for the President/General Manager by 2% on April 1, 2011 and award a performance bonus in the amount of $25,000 in recognition of an exemplary job done in 2010; second by Treasurer Robb VOTE: Ayes: Chairman Tough Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

DISCUSS FUTURE AGENDA/ANNOUNCEMENTS:

CONSIDERATION OF ITEMS TO BE PLACED ON THE AGENDA FOR NEXT MONTH’S MEETING;

• There were no items presented.

ANNOUNCEMENTS;

• Director Campbell wished the Board a Happy Thanksgiving and Merry Christmans.

As there was no further business to discuss, Chairman Tough called for a motion and second to adjourn the meeting at 8:35 p.m.

MOTION: Motion by Director Blair; second by Director Campbell VOTE: Ayes: Chairman Tough

35 Vice Chairman Matthews Secretary Hunter Treasurer Robb Director Blair Director Campbell Director Hausman Nays: None Absent: None ACTION: Motion passed unanimously.

(SEAL) ______Claude Hunter Secretary, Board of Directors

EXHIBIT OMISSIONS*

EXHIBIT “A” EXHIBIT “J”

EXHIBIT “B” EXHIBIT “K”

EXHIBIT “C” EXHIBIT “L”

EXHIBIT “D” EXHIBIT “M”

EXHIBIT “E” EXHIBIT “N”

EXHIBIT “F” EXHIBIT “O”

EXHIBIT “G” EXHIBIT “P”

EXHIBIT “H” EXHIBIT “Q”

EXHIBIT “I” EXHIBIT “R”

*To view Exhibits, please contact the Records Management Analyst at 281-210-3800.

37 Meeting Date Agenda Item Nelda Blair Matthe Lloyd Bruce Tough Hunte Claude Robb Ed Hausm Peggy Campbe Tom

Item 5 Approval of award of bid and proposal to SAMCO Capital Markets at a rate of 3.985% for 11/10/2010 purchase of Township Sales Tax and Hotel Occupancy Tax Bonds, Series 2010 Y Y Y Y Y Y Y

Item 6 Adoption of resolution authorizing issuance sale and delivery of The Woodlands Township Sales Tax and Hotel Occupancy Tax Bonds, Series 2010 with inclusion of information on page 3-2 of resolution; approve and authorize execution and delivery of paying agent/registrar agreement and related documents and provisions relating to subject Y Y Y Y Y Y Y

Item 7 Authorization of the completion and distribution of an official statement in connection with the Township 2010 Sales Tax and Hotel Occupancy Tax Bonds Y Y Y Y Y Y Y

38 Meeting Date Agenda Item Nelda Blair Matthe Lloyd Bruce Tough Hunte Claude Robb Ed Hausm Peggy Campbe Tom

Item 8 b) Approve award of bid for pool chemicals to Progressive Commercial Aquatics, Inc. and authorize Pres/GM to execute contract; c) Approve award of bid for fuel to Sundance Fuels and authorize Pres/GM to execute contract; d) Approve encroachment agreement with ConocoPhillips for Alden Bridge Sports Park and authorize Pres/GM to execute agreement; e) Accept conveyance by special warranty deed Restricted Open Space Reserve J, Jagged Ridge Park, Village of Creekside Park, Section 14, from TWLDC; f) Approve addition to Park and Pathway Maintenance Agreement with BIO Landscape & Maintenance, Inc for Jagged Ridge Park in amount of $5,333 per year and authorize Pres/GM to execute agreement; g) Accept conveyance of pathway easements from TWLDC for easements in Village of Sterling Ridge, Section 12, Reserve A and Section 8, Reserve D and authorize Pres/GM to execute agreements; h) Approve Memorandum of Understanding with Tomball School District for Township to use parking area and sports fields of Creekside Forest Elementary School and reciprocal use of part of Rob Fleming Park for students and authorize Pres/GM to execute agreement; j) Approve amendment to investment policy as presented and adopt resolution in connection to; k) Approve reappointment of Nick Wolda of TWT/TWCVB for three year term and Sheron Jones of TW Waterway Marriott Hotel & Conv Ctr for a one year term 11/17/2010 to the Booking and Blocking Committee Y Y Y Y Y Y

Item 10-Approve award of bids for Alden Bridge Sports Park Expansion for: Project A, clearing and grading including expanded parking area to Al Earth in amount of $80,351; for Projects B&D, irrigation and sod and parking lot to BIO Landscape including expanded parking area (Option 3) in amount of $293,204; for Project C sports field lights to LiteCo Electric in amount of $207,523 and authorize the Pres/GM to execute contracts Y Y Y Y Y Y Y

Item 11-Approve Park Use Agreement with Interfaith of The Woodlands for a fruit/vegetable garden at Alden Bridge Sports Park and authorize Pres/GM to execute contract Y Y Y Y Y Y Y Item 12-Disapprove a request from Drury Inn to waive late fee on local hotel occupancy tax deposit for month of October Y Y Y Y Y Y Y Item 13-Approve policies related to election of Board of Directors for The Woodlands Township and adopt resolution in connection therewith Y Y Y Y Y Y Y

Item 14-No action

Item 15-Authorize purchase of specialized equipment, automated license plate recognition and development of a K-9 Unit for Montgomery County Sheriff's Office Y Y Y Y Y Y Y

Item 16-Approve the Project Management Agreement with Palermo REI LP and authorize Pres/GM to execute agreement Y Y Y Y Y Y Y

Item 17-Approve proposal to provide architectural design services to Kirksey Architects for remodeling of the 9012 New Trails office building for a fee not to exceed $95,000 Y Y Y Y Y Y Y

Item 18-Approve revisions to guidelines for participating in public meetings as presented in Option 3, comment at beginning, item and end) Y N Y Y Y Y Y

Item 19-Trolley holiday trial program-No Action

Item 20-Approve cancellation of the December 9, 2010 regularly schedule Board workshop and the December 15, 2010 regularly scheduled Board meeting Y Y Y Y Y Y Y

Item 21-Approve abandonment and reconveyance of easements, partial abandonment and reconveyance of easement and accept conveyance of pathway easement-Village of Grogan's Mill- with The Woodlands Land Development Company and authorize Pres/GM to execute agreements upon final legal review and fulfillment of steps presented to construct new replacement pathways Y Y Y Y Y Y Y

Item 22-Approve conceptual proposal to sell Township owned property located at 250 Harper's Landing Boulevard Drive to Montgomery County Hospital District and authorize Pres/GM to develop necessary documents and agreements for final consideration by Board on January 26, 2011 Y Y Y Y Y Y Y

Item 25-Approve increase in Pres/GM's base salary by 2% for 2011 and a $25,000 performance bonus in recognition of exemplary job done in 2010 Y Y Y Y Y Y Y

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Consideration of a donation from Sadler Clinic of the sculpture “Summertime Sculpture”

BUDGET IMPACT: Costs associated with accepting this donation is unknown at this time, but are expected to relate to only the relocation and installation expenses.

FACTS/HISTORY: Sadler Clinic has offered to donate “Summertime Sculpture” by Jane Raines to The Woodlands Township per the attached letter from Ronnie Heft, Chief Operating Officer. The Public Facilities Administration Committee reviewed the offer in 2010, which indicates the sculpture will be restored. The Committee requested additional information regarding the restoration. Subsequent information indicates Sadler Clinic has granted permission to Tony Motto to take possession of the Summertime Sculpture and that the family of Ms. Raines has offered to restore the piece to her original beauty. Photos of the original were provided and are attached.

A location for the sculpture has not been determined, but it was suggested in previous correspondence from Sadler Clinic to be along the Waterway.

RECOMMENDED BOARD ACTION:

As potential costs associated with the relocation are unknown and a site as not been determined, it is recommended to direct staff to work with Tony Motto to identify potential sites and associated costs and report back to the Board with this information.

41 42 43 44 45 46

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Resolution of support for the Texas Recreation and Parks Account and Texas State Parks

BUDGET IMPACT: There are no costs directly related to this Resolution. However, the Texas Recreation and Parks Account (TRPA) has been the source of several grants for park development in The Woodlands.

FACTS/HISTORY: The TRPA is a grant program administered by the Texas Parks and Wildlife Department (TPWD) for parkland acquisition and for the development of recreational facilities. The attached Resolution requests members of the 82nd Legislature to support increased funding for parks and recreation programs for both local and state parks and that all TRPA funded park projects be subject to the established TPWD competitive scoring system.

The Woodlands has benefited from numerous park development grants from the TPWD over the years, the largest amounts being funded directly from the TPRA account: May Valley Park $ 500,000 George Mitchell Nature Preserve Trail $ 100,000 Windvale Park $ 500,000 Alden Bridge Park II $ 500,000 Shadowbend Park $ 287,500 Sawmill Park $ 78,805 Falconwing Park $ 326,967 Alden Bridge Park $ 500,000 Bear Branch Park $ 386,600 Creekwood Park $ 110,859 Ridgewood Park $ 240,735 Grogan's Mill Linear Park $ 172,467

In addition, several smaller parks were funded bringing the total funding to $4,604,933. The continuation and restoration of the program to its original funding levels are critical to the parkland development for The Woodlands. In previous legislative sessions the Associations passed similar Resolutions of support. The Resolution will be provided to the State Legislators representing the Township.

RECOMMENDED BOARD ACTION:

Adopt the Resolution of Support supporting the Texas Recreation and Parks Account and Texas State Parks.

48 RESOLUTION NO. 001-11

A RESOLUTION OF THE WOODLANDS TOWNSHIP REQUESTING THE MEMBERS OF THE 82nd LEGISLATIVE SESSION OF THE STATE OF TEXAS TO SUPPORT LEGISLATION THAT INCREASES FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT LOCAL PARK GRANT PROGRAM AND THE TEXAS STATE PARK SYSTEM

WHEREAS, the Texas Parks & Wildlife Department (“TPWD”) administers the Texas Recreation & Parks Account Local Park Grant Program (“TRPA”) and manages 93 State parks and historical sites in Texas; and

WHEREAS, TPWD has a separate account in their general revenue fund referred to as the TRPA for the purpose of providing matching grants to political subdivisions for parks and recreation projects; and

WHEREAS, the matching grants provided by the TPWD are utilized for the planning, acquisition, and development of local park, recreation and open space areas to be owned and maintained by political subdivisions; and

WHEREAS, funds granted to political subdivisions under the TRPA guidelines have funded 1,495 projects of the 2,913 submitted over 29 years delivering over $792 million dollars to the local Texas economy; and

WHEREAS, political subdivisions throughout the State of Texas depend on grants from TPWD through the TRPA to stimulate the acquisition and development of parks and recreational areas for the benefit and enjoyment of their citizenry; and

WHEREAS, the TRPA and State parks are funded from sales tax on sporting goods and that the development of new parks stimulates the purchase of sporting goods; and

WHEREAS, the maintenance and improvements of State park and historic sites and the addition of new parks is a priority to Texans due to the State’s expanding population and extensive tourism industry; and

WHEREAS, the development of parks encourages and promotes public health, economic development, job creation, education; corporate relocations, an improved quality of life, and juvenile crime prevention; and

WHEREAS, funds are needed for major repairs at state parks and for the acquisition and development of parks and facilities; and

WHEREAS, it is the desire of The Woodlands Township Board of Directors that a copy of this resolution with appropriate names affixed be presented to the Governor of Texas and the leadership of the 82nd Texas Legislature.

THEREFORE, LET IT BE RESOLVED BY THE WOODLANDS TOWNSHIP BOARD OF DIRECTORS:

1. That members of the 82nd Legislature of Texas seek passage of legislation maximizing the use of revenue from the sporting goods sales tax to increase funding for parks and recreation programs for both Local and State parks and that all TRPA funded park projects be subject to the established TPWD competitive scoring system.

PASSED AND ADOPTED this the 26th day of January, 2011.

______Chairman, Board of Directors ATTEST:

______Secretary, Board of Directors

(SEAL)

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Consider Support of Legislation to mitigate the Impact of the 2010 Census on State Transportation Funding

BUDGET IMPACT: N/A

FACTS/HISTORY:

The Goodman Corporation (TGC) has served as consultant and assisted The Woodlands Township (Township) in the planning, financing and oversight of transit services in the Township.

Representatives of TGC reviewed the 2010 U.S. Census preliminary results, and in conversation with representatives of the U.S. Census Bureau, have learned that the Census preliminary results suggest that The Woodlands’ Urbanized Area (UZA) will be absorbed by the Houston UZA. This shift in urbanized area boundary designation will likely have a negative impact on existing funding for transit services in the Township.

Barry Goodman will discuss and provide detail on the potential impact of the pending change driven by results of the 2010 U. S. Census. Mr. Goodman will also discuss how legislation, recently introduced in the Texas House of Representatives, could serve to mitigate the loss of transportation funding for transportation services.

RECOMMENDED BOARD ACTION:

To be determined by the Board.

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: 2011 Pool Schedule and Fees

BUDGET IMPACT: An additional $57,580 in pool fee revenue is anticipated to be derived in 2011 from proposed increases to certain categories of pool fees. $998,659 in total pool fee revenue is anticipated to be collected if the proposed fees are approved. $1,949,450 is budgeted for related pool expenses; therefore a cost recovery of 51.23% may be realized from pool fee adjustments. No adjustment to pool fees may result in a cost recovery of 48.4% for 2011.

Pool Schedule: Historically, the schedule of the hours and days the community swimming pools are open consists of a pre-season period, a regular season period and a post-season period. Not all pools are typically open in the pre- and post-season periods, while all pools are open during the regular season. The pre-season and post-season schedules rotate from year to year on which pools are open per Village, to be equitable to all the Villages. There is at least one pool in each Village open during the pre- and post-seasons. The primary changes between the 2010 season and the proposed 2011 season: o 2010: . Pre-season – Bear Branch, Cranebrook, Forestgate, Harper’s Landing, Lakeside, Ridgewood, Rob Fleming, Sawmill . Post-season – Alden Bridge, Bear Branch, Cranebrook, Creekwood, Falconwing, Harper’s Landing, Rob Fleming, Sawmill o 2011: . Pre-season – Alden Bridge, Bear Branch, Cranebrook, Creekwood, Falconwing, Harper’s Landing, Rob Fleming, Sawmill . Post-season – Bear Branch, Cranebrook, Forestgate, Harper’s Landing, Ridgewood, Rob Fleming, Sawmill, Windvale

Other changes proposed for 2011 are based upon the actual calendar: o Opening weekend will be May 14 and 15. Weekday use for Bear Branch will begin May 16th. The regular season for all pools begins June 3rd as CISD schools end June 2nd.

53 th o All thirteen pools will be open regular hours on Monday, July 4 .

In an effort to contain operational costs, in 2007 the Associations approved pool schedules that included closing each pool one day per week, opening four pools to the general public from 12 p.m. to 6 p.m. daily, opening the remaining nine pools to the general public from 10 a.m. to 8 p.m., and opening pools at 1 p.m. on Sundays. The proposed 2011 schedule continues this approach. Please see Attachments A & B for the proposed 2011 schedule and 2010 schedule.

Pool Fees The following fee schedule changes are proposed to meet the 50% cost recovery goal:

• Resident Infant age 0-2 - Increase current fee from $6 to $8. • 5+ member, Resident Senior, Swim Team – Increase current fee from $10 to $15 to be consistent with discounted passes. • Resident Rob Fleming Punch card – This is a new category. The punch card permits residents who do not purchase a pass to enter Rob Fleming at a discounted rate. Currently, the resident punch card ($30) permits a resident to enter all 13 pools. At the 12 pools that have a $6 daily fee, (all pools except Rob Fleming) this provides a discount of approximately 17%. However, due to the daily fee of $8 or $10 at Rob Fleming, the same punch card provides a discount of 28% to 42% (depends on the height of the resident). By creating a new $40 Rob Fleming resident punch card the discount would be 17% to 33%, thus more in line with the percent of discount at the other pools. This price point may entice residents to purchase a season pass instead of buying the punch cards. • Non-Resident Infant age 0 - 2 - Increase from $20 to $30 to more closely follow the percent difference of the Resident and Non Resident 3 & up fees. • Non-Resident age 3 & Up - Increase from $100 to $120 to more closely follow the percent difference of the Resident and Non Resident 3 & up fees. • Non-Resident Punch Card- Increase fee from $50 to $55.

Please see Attachment C for the entire Pool Fee Schedule reflecting 2010 actual participation rates and revenues and projected 2011 participation rates and proposed fees. The highlighted areas are those described above and recommended for adjustment. The 2012 figures are presented merely as projections based upon the proposed 2011 fees and participation rates.

RECOMMENDED BOARD ACTION:

Recommended that the Township Board adopt the 2011 Pool Schedule and Pool Fee Schedule as presented.

54 ATTACHMENT A 2011 Proposed Schedule

VILLAGE POOL SEASON SCHEDULE PRE-SEASON WEEKEND USE: May 14/15, 21/22, 28/29/30 Alden Bridge Alden Bridge Saturday 12:00PM - 6:00PM Cochran's Crossing Bear Branch Sunday 1:00PM - 6:00PM Memorial Day College Park Harper's Landing Monday 12:00PM - 6:00PM Creekside Park Rob Fleming **All pre-season pools will be open Grogan's Mill Sawmill 12:00PM - 6:00PM on Memorial Day (5/30) Indian Springs Falconwing Panther Creek Creekwood

Sterling Ridge Cranebrook PRE-SEASON DAILY May 16 - June 2 USE: Cochran's Crossing Bear Branch Monday - Friday 12:00PM - 6:00PM *Closed Wednesdays REGULAR SEASON DAILY USE: June 3 - August 21 Alden Bridge, Bear Branch, Cranebrook, Falconwing, Monday - Saturday 10:00AM - 8:00PM Harper's Landing, Ridgewood, Rob Fleming, Sunday 1:00PM - 6:00PM Sawmill, Windvale

Creekwood, Forestgate, Lakeside, Shadowbend Monday - Saturday 12:00PM - 6:00PM Sunday 1:00PM - 6:00PM **All pools will be open 10:00AM - 8:00PM on Independence Day (Monday -7/4) CLOSED IN-SERVICE DAYS: June 3 - August 19 Alden Bridge Alden Bridge Monday Alden Bridge Lakeside Friday Alden Bridge Windvale Tuesday Cochran's Crossing Bear Branch Wednesday Cochran's Crossing Shadowbend Friday College Park Harper's Landing Thursday Creekside Park Rob Fleming Monday Grogan's Mill Sawmill Tuesday Indian Springs Falconwing Wednesday Indian Springs Forestgate Monday Panther Creek Creekwood Thursday Panther Creek Ridgewood Tuesday

Sterling Ridge Cranebrook Thursday POST-SEASON DAILY USE: August 22 - September 2 Cochran's Crossing Bear Branch Monday - Friday 1:00PM - 6:00PM

*Closed Wednesdays

POST-SEASON WEEKEND USE: August 27/28, September 3/4/5, 10/11, 17/18, 24/25

Alden Bridge Windvale Saturday 12:00PM - 6:00PM Cochran's Crossing Bear Branch Sunday 1:00PM - 6:00PM College Park Harper's Landing Labor Day Monday 12:00PM - 6:00PM Creekside Park Rob Fleming **All post-season pools will be open Grogan's Mill Sawmill 12:00PM - 6:00PM on Labor Day (9/5) Indian Springs Forestgate Panther Creek Ridgewood Sterling Ridge Cranebrook

56 ATTACHMENT B 2010 Schedule

VILLAGE POOL SEASON SCHEDULE PRE-SEASON WEEKEND USE: May 8/9, 15/16, 22/23/24, 29/30 Alden Bridge Lakeside Saturday 12:00PM - 6:00PM Cochran's Crossing Bear Branch Sunday 1:00PM - 6:00PM Memorial Day College Park Harper's Landing Monday 12:00PM - 6:00PM Creekside Park Rob Fleming **All pre-season pools will be open Grogan's Mill Sawmill 12:00PM - 6:00PM on Memorial Day (5/24) Indian Springs Forestgate Panther Creek Ridgewood

Sterling Ridge Cranebrook PRE-SEASON DAILY May 10 - June 3 USE: Cochran's Crossing Bear Branch Monday - Friday 12:00PM - 6:00PM *Closed Wednesdays REGULAR SEASON DAILY USE: June 4 - August 22 Alden Bridge, Bear Branch, Cranebrook, Falconwing, Monday - Saturday 10:00AM - 8:00PM Harper's Landing, Ridgewood, Rob Fleming, Sunday 1:00PM - 6:00PM Sawmill, Windvale

Creekwood, Forestgate, Lakeside, Shadowbend Monday - Saturday 12:00PM - 6:00PM Sunday 1:00PM - 6:00PM **All pools will be open 10:00AM - 6:00PM on Independence Day (Sunday -7/4) CLOSED IN-SERVICE DAYS: J une 7 - August 20 Alden Bridge Alden Bridge Monday Alden Bridge Lakeside Friday Alden Bridge Windvale Tuesday Cochran's Crossing Bear Branch Wednesday Cochran's Crossing Shadowbend Friday College Park Harper's Landing Thursday Creekside Park Rob Fleming Monday Grogan's Mill Sawmill Tuesday Indian Springs Falconwing Wednesday Indian Springs Forestgate Monday Panther Creek Creekwood Thursday Panther Creek Ridgewood Tuesday

Sterling Ridge Cranebrook Thursday POST-SEASON DAILY USE: August 23 - September 3 Cochran's Crossing Bear Branch Monday - Friday 1:00PM - 6:00PM

*Closed Wednesdays

POST-SEASON WEEKEND USE: August 28/29, September 4/5/6, 11/12, 18/19, 25/26

Alden Bridge Alden Bridge Saturday 12:00PM - 6:00PM Cochran's Crossing Bear Branch Sunday 1:00PM - 6:00PM College Park Harper's Landing Labor Day Monday 12:00PM - 6:00PM Creekside Park Rob Fleming **All post-season pools will be open Grogan's Mill Sawmill 12:00PM - 6:00PM on Labor Day (8/31) Indian Springs Falconwing Panther Creek Creekwood Sterling Ridge Cranebrook

58 No Fee Increase Fee Increase Fee Increase 2010 2011 2011 2012 Fee Units Revenue Fee Units Revenue Fee % inc Units Revenue Fee Units Revenue Passes sold Resident Punch Cards (6 punches) $30 2665 $79,950 $30 2772 $83,148 $30 700 $21,000 $30 728 $21,840 Resident RFAC Punch Cards (6 punches) N/A N/A N/A $40 1850 $74,000 $40 1924 $76,960 Non Resident Punch Cards (6 punches) $50 200 $10,000 $50 208 $10,400 $55 10% 198 $10,868 $55 206 $11,303 Resident Infant 0-2 $6 1316 $7,896 $6 1369 $8,212 $6 1369 $8,212 $6 1423 $8,540 Resident 3 & up $40 13300 $532,000 $40 13832 $553,280 $40 14231 $569,240 $40 14800 $592,010 Resident Senior 55 & up $10 1767 $17,670 $10 1838 $18,377 $15 50% 1746 $26,187 $15 1816 $27,234 Non Resident Infant 0-2 $20 26 $520 $20 27 $541 $30 50% 26 $771 $30 27 $801 Non Resident 3 & up $100 133 $13,300 $100 138 $13,832 $120 20% 131 $15,768 $120 137 $16,399 Total Regularly Priced Passes $661,336 $687,789 $726,046 $755,088 Discounts 5+ member $8 650 $5,200 $8 670 $5,356 $15 88% 670 $10,043 $15 696 $10,444 $5,200 $5,356 $10,043 $10,444 Employee/Board Member/Volunteer N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Swim Team $10 250 $2,500 $10 250 $2,500 $15 50% 250 $3,750 $15 250 $3,750 $2,500 $2,500 $3,750 $3,750 Pool Guest Fees RFAC - Under 48" $8 2918 $23,344 $8 3064 $24,511 $8 3064 $24,511 $8 3156 $25,247 RFAC - 48" & Over $10 8500 $85,000 $10 8925 $89,250 $10 8925 $89,250 $10 9193 $91,928 Other 12 Pools $6 11955 $71,730 $6 12553 $75,317 $6 12553 $75,317 $6 12929 $77,576 $180,074 $189,078 $189,078 $194,750 Day Care Fees RFAC $7 550 $3,850 $7 567 $3,966 $7 567 $3,966 $7 550 $3,850 Other 12 Pools $4 3542 $14,168 $4 3648 $14,593 $4 3648 $14,593 $4 3500 $14,000 $18,018 $18,559 $18,559 $17,850 Pool Rentals Tier 1 $250 124 $31,000 $250 130 $32,550 $250 130 $32,550 $275 140 $38,500 Tier 2 $300 38 $11,400 $300 40 $11,970 $300 40 $11,970 $325 45 $14,625 Tier 3 $750 17 $12,750 $750 18 $13,388 $750 18 $13,388 $800 23 $18,400 $55,150 $57,908 $57,908 $71,525 Soda Concessions All pools except RFAC 1 $1,300 1 $1,500 1 $1,500 1 $1,500 $1,300 $1,500 $1,500 $1,500 3rd Party Rental (TWST/Maste 1 $20,000 1 $5,000 1 $5,000 $20,000 $20,000 $5,000 $5,000 $20,000

Total Revenue $943,578 $967,689 $1,011,882 $1,074,907 Total Expenses $1,840,012 $1,949,450 $1,949,450 $2,046,922 Cost Recovery 51.28% 49.64% 51.91% 52.51% Revenue Difference Fee/No Fee $44,193 59

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: 2011 Riva Row Boat House and Recreation Center Operating and Fee Schedules

BUDGET IMPACT: An additional $10,940 in boat house fee revenue is anticipated to be derived in 2011 from the proposed fee increases. $124,020 in total boat house revenue is anticipated to be collected if the proposed fees are approved. $121,175 is budgeted for boat house expenses, therefore a cost recovery of 102% may be realized from the boat house fee adjustments. No adjustment to boat house fees may result in a cost recovery of 97% for 2011.

The new fee category proposed for the Recreation Center could generate as much as $10,000 in indoor basketball court rental revenue.

FACTS/HISTORY: Per The Woodlands Township Order Number 019-09, it shall be the responsibility of the President to submit to the Board of Directors, from time to time as appropriate, revisions to the hours of operation and user fees for the Boat House and Recreation Center. The proposed 2011 Riva Row Boat House and Recreation Center Operating and Fee Schedules are presented for consideration. Riva Row Boat House Boat House Schedule: The proposed schedule takes into account holidays, school schedules, change of seasons and the hours of available sunlight. Holiday hours are presented in Attachment A. The table below identifies the daily schedule used in 2009/2010 and the proposed schedule for 2011.

2011-Proposed Days Open Hours of Operation

January 1- April 29 5-Closed Tuesday and 9 am-Sunset Wednesday April 30 – September 5 6- Closed Wednesday 9 am-7pm September 6 - December 31 5- Tuesday and 9 am-Sunset Wednesday 2010-Actual Days Open Hours of Operation January 1- April 30 5-Closed Tuesday and 9 am-Sunset Wednesday May 1-September 30 6- Closed Wednesday 9 am-7pm October 1- December 31 5- Tuesday and 9 am-Sunset Wednesday

61 The primary proposed changes for 2011 are: to be open all week during the C.I.S.D. Spring Break; begin the winter schedule in early September instead of late September as the average number of rentals were three per day during this time period in 2010.

Boat House Fees The following fee schedule is recommended based upon market analysis, actual usage and the 100% cost recovery goal:

Kayak Fee 2010 2011 Recommendation Single Kayak (first hour) $15.00 $15.00 Tandem Kayak (first hour) $15.00 $20.00 Additional Hour $5.00 $5.00 All Day $35.00 Discontinue Punch Card – Single (6 visits for 2 hours) $90.00 $90.00 Punch Card - Tandem Single (6 visits for 2 hours) $90.00 $120.00

• Tandem Kayak – Increase the rental fee from $15 to $20 for the first hour. A review of comparable facilities identified a fee difference between single and tandem kayaks due to the additional equipment required (paddles, lifejackets, etc). • All Day Rentals– of the 6,093 kayaks rented in 2010, only 107 were rented all day. Most all day rentals were on holidays (July 4th, Labor Day) and other busy days. By having an all day fee, this takes the boat out of the inventory for the day, whereas it cannot be rented two to four additional times on the peak days thereby generating additional revenue. • Punch card –If the tandem kayak price increase is approved a separate tandem punch card is recommended.

Please see Attachment B for an analysis of the operational expenses and revenue at the Riva Row Boat House.

Recreation Center Recreation Center Schedule: No changes in the 2011 daily operating schedule are proposed. Holiday hours are presented in Attachment A.

Day 2011 2010 Monday – 8:30 a.m. – 9 p.m. 8:30 a.m. – 9 p.m. Thursday Friday 8:30 a.m. – 8 p.m. (unless 8:30 a.m. – 8 p.m. (unless Gorilla Hole is scheduled) Gorilla Hole is scheduled) Saturdays 8 a.m. – 6 p.m. 8 a.m. – 6 p.m. Sundays Closed Closed

62 Recreation Center Rental Fees The Woodlands Township Order 020-90 adopted in November 2009 established the following rental fees for The Woodlands Township Recreation Center. No changes are proposed to these fees. • Small Activity Room $10 per hour • Large Activity Room $20 per hour • Indoor Basketball Court $100 per hour • Entire Facility $150 per hour

It is recommended, due to residents’ requests, to add a fee category for sports teams/users that desire to use the indoor basketball court for practice while the facility is open. The recommended fee is $25 per hour.

RECOMMENDED BOARD ACTION:

It is recommended to adopt the 2011 Riva Row Boat House and Recreation Center operating and fee schedules as presented.

63 Attachment A Proposed Riva Row Boat House Holiday Hours

Holiday/Day 2011 Recommendation 2010 New Years Day Open at Noon Open at Noon C.I.S.D. Spring Break Open all week Closed Tue & Wed Good Friday Open Open Easter Open at Noon Open at Noon Memorial Day Open Open Fourth of July Open Open Labor Day Open Open Thanksgiving Day Closed Closed Day After Thanksgiving Open Open Christmas Eve Close at 5 p.m. Close at 5 p.m. Christmas Closed Closed New Years Eve Open Open

Proposed Recreation Center Holiday Hours

Holiday/Day 2011 Recommendation 2010 New Years Day Closed Closed Good Friday Closed ( April 22) Closed (April 2) Memorial Day Closed (May 30) Closed (May 31) Fourth of July Closed (Monday, July 4th) July 4th Independence Day – Closed ( 5th this year) Labor Day Closed (September 5) Closed (September 6) Thanksgiving Eve* Close at 5 p.m. (normally Close at 6 p.m. (normally closed hours 9 p.m.) closed hours 9 p.m.) Thanksgiving Day Closed Closed Day After Close at 5 p.m. (normally Close at 6 p.m. (normally Thanksgiving* closed hours 9 p.m.) closed hours 9 pm) Christmas Eve Closed at 3 p.m. Close at 3 p.m. Christmas Closed Closed New Years Eve* Closed at 3 p.m. Close at 6 p.m. *Closure earlier is due to lack of use of the facility during this time period

64 Attachment B Boat House Operational Expenses/Revenue

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Resolution Listing Qualified Brokers Authorized to Engage in Investment Transactions with The Woodlands Township

BUDGET IMPACT: Not applicable

FACTS/HISTORY:

In accordance with the Texas Public Funds Investment Act, Texas Government Code, Chapter 2256, Section 2256.025, the governing body of an investing entity shall at least annually review, revise and adopt a list of qualified brokers that are authorized to engage in investment transactions with the entity.

For your reference, a resolution and proposed list of qualified brokers are included on the following pages. The resolution and list were prepared by the Township’s legal counsel.

RECOMMENDED BOARD ACTION:

Adopt Resolution 003-11 Adopting List of Qualified Brokers Authorized to Engage in Investment Transactions with The Woodlands Township.

67 RESOLUTION NO. 003-11

ADOPTING LIST OF QUALIFIED BROKERS AUTHORIZED TO ENGAGE IN INVESTMENT TRANSACTIONS WITH THE WOODLANDS TOWNSHIP

WHEREAS, The Woodlands Township (the "Township") is a body politic and corporate and a governmental agency of the State of Texas; and

WHEREAS, Chapter 2256, Texas Government Code, as amended, requires that the Board of Directors of the Township annually review, revise and adopt a list of qualified brokers that are authorized to engage in investment transactions with the Township; Now, therefore,

BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE WOODLANDS TOWNSHIP, THAT:

Section 1: The Board of Directors of the Township hereby adopts the list of financial institutions, brokers and dealers attached hereto as Exhibit "A" as the list of qualified brokers that are authorized to engage in investment transactions with the Township.

Section 2: The provisions of this Resolution shall be effective as of its date of approval by the Board of Directors and shall remain in effect until modified by action of the Board of Directors, and any resolution heretofore adopted by the Board of Directors adopting a list of qualified brokers that are authorized to engage in investment transactions with the Township shall be and is hereby revoked as of the effective date of this Resolution.

PASSED AND APPROVED this 20th day of January, 2011.

______Chairman, Board of Directors ATTEST:

______Secretary, Board of Directors

(SEAL)

68 EXHIBIT "A"

2011 LIST OF AUTHORIZED BROKERS

Allegiance Bank Texas Lone Star Investment Pool Amegy Bank, N.A. Main Street Bank Bank of America Merrill Lynch MBIA Texas C.L.A.S.S. Bank of America N.A. Memorial City Bank Bank of Houston Metro Bank N.A. Bank of Texas N.A. MidSouth Bank, N.A. Bank of the West Moody National Bank BBVA – Compass Bank Morgan Keegan & Company, Inc. Beal Bank SSB Morgan Stanley Smith Barney Blackrock Investments, Inc. New First National Bank Capital Bank of Texas Oasis Bank Capital Markets of Dallas Omni Bank N.A. Capital One Patriot Bank Central Bank PlainsCapital Corporation Chase Investment Services Corp. Plains State Bank Chasewood Bank Post Oak Bank Citibank N.A. Preferred Bank Coastal Securities Ltd. Prosperity Bank Comerica Bank Prudential Securities Incorporated Commercial State Bank Raymond James & Associates, Inc. Community Bank of Texas RBC Capital Markets/RBC Investments Community State Bank Austin Regions Bank Community State Bank Houston Security State Bank N.A. Edward Jones Southwest Securities, Inc. Encore Bank Spirit of Texas Bank SSB Enterprise Bank State Bank of Texas Federated Investors Inc. State Street Bank & Trust Co. First Bank Sterling Bank First Bank and Trust East Texas Texas Capital Bank N.A. First Bank of Conroe Texas Citizens Bank First Bank of Texas Texas Community Bank First Choice Bank Texas First National Bank First Community Bank Texas Independent Bank First National Bank Texas Texas Savings Bank SSB First Service Credit Union TexPool/TexPool Prime First Southwest Company Tex Star Investment Pool First State Bank of Rosenberg The Bank of New York Mellon First State Bank of Texas The Bank of New York Mellon Trust First Texas Bank Company, N.A. FiServ Investor Services The Bank of River Oaks Founders Bank The Right Bank for Texas Frost National Bank Third Coast Bank S.S.B. Green Bank Tradition Bank Herring National Bank Tri-Star Financial Hometown Bank, N.A. Trustmark National Bank Houston Community Bank N.A. UBS Financial Services, Inc. Houston Savings Bank UBS Securities LLC. Icon Bank United Bank of El Paso Del Norte Independence Bank Unity National Bank Independent Bank U.S. Bank, N.A. International Bank of Commerce Vista Bank Texas Inter National Bank Wallis State Bank IronStone Bank Wells Fargo Advisors J.P. Morgan Securities LLC Wells Fargo Bank, N.A./Wachovia JPMorgan Chase Bank, N.A. Wells Fargo Investments, LLC Legacy Texas Bank Westbound Bank Legg Mason, Inc. Whitney National Bank Libertad Bank Woodforest National Bank LOGIC (Local Gov't. Investment Cooperative) Effective as of December 13, 2010 Lone Star Bank

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Approval of a service agreement with the Panther Creek Village Association for the bi-annual Flea Market

BUDGET IMPACT: The total combined budget for each Flea Market is approximately $4,150 with Panther Creek Village Association (PCVA) funding $1300 of the costs and the Township funding the rest. The primary cost to the Township is Special Event General Liability Insurance coverage of $2,136. All revenues from exhibitor booth sales are retained by PCVA for disbursement to other village associations that contribute volunteers to produce the event.

FACTS/HISTORY: Historically, the Panther Creek Village Association has been the lead village in coordinating the annual Flea Market. As this event is beneficial to the community in the preservation of the covenants, the Community Associations provided a support role and some financing of expenses to produce the event.

In order to continue to assist the Panther Creek Village Association with the production of the Flea Market, the Township approved a service agreement on September 22, 2010, for the fall event with the expectation that a long term agreement would be brought forward for consideration. The current agreement expired on December 31, 2010.

The fall event and Service Agreement proved to be satisfactory. Staff met with the PCVA representative and both parties believe continuing the arrangement as the fall event is beneficial to both parties.

The attached agreement defines the terms and conditions and is identical to the previous agreement except for the term - the new agreement allows for automatic renewal unless prior written notice to terminate.

RECOMMENDED BOARD ACTION:

It is recommended to approve the Service Agreement with the Panther Creek Village Association and authorize the President/General Manager to execute the agreement.

71 SERVICE AGREEMENT

THE STATE OF TEXAS §

COUNTY OF MONTGOMERY §

THIS SERVICE AGREEMENT made and entered into as of the ___ day of

______, _____, by and between PANTHER CREEK VILLAGE ASSOCIATION, a village association located in The Woodlands Township (“PCVA”) and THE

WOODLANDS TOWNSHIP (the “Township”), a political subdivision of the State of

Texas duly created by Chapter 289, Acts of the 73rd Legislature, Regular Session, 1993, as amended (the “Act”), acting herein by and through its Board of Directors and pursuant to a resolution duly adopted by said Board of Directors and pursuant to the authority contained in the Act.

RECITALS

WHEREAS, The Township has been heretofore duly created and organized as a political subdivision and governmental agency of the State of Texas. The Township is authorized among other matters to contract with any person or entity to provide special or supplemental services for economic development and educational improvements, enhancements and services within or adjacent to the Township’s boundaries. The Board of Directors of the Township has determined that PCVA provides the community a valuable service by providing residents opportunities to recycle, sell, and donate household items; and

WHEREAS, PCVA organizes and coordinates The Woodlands Village

Associations Flea Market (“Flea Market”), an event created to provide The Woodlands

72 residents with a way to sell unwanted household items in consideration of the Residential

Standards and Covenants Restrictions, Easements, Charges and Liens of The Woodlands

which prohibits garage sales on residential property within The Woodlands. PCVA is

responsible for recruiting and training volunteers, selling tickets and running the bi-

annual Flea Market with logistical and some financial support from The Woodlands

Township. Proceeds from the Flea Market ticket sales are shared with each Village

Association that provides volunteers for the event; and

WHEREAS, the Township desires to enter into a service agreement with PCVA;

NOW THEREFORE,

For and in consideration of the mutual covenants, benefits and agreements hereinafter set forth, the parties contract and agree as follows:

PROVISION OF SUPPORT PROVIDED

Township agrees to provide PCVA, for the benefit of the Flea Market, the

following fiscal staffing support (“Support”) to include, but not necessarily be limited to

the following staffing: Special Events Coordinator, Administrative Assistant, Park

Operations.

In addition to the aforesaid Support, the Township shall serve as a collection point for exhibitor booth fees and hold all collected monies for PCVA. The Township agrees to provide a telephone number, website and community magazine advertisement to promote the Flea Market. The Township agrees to make available to the PCVA

73 reasonable Township staff, advertising and administrative services in support of the Flea

Market at no cost to PCVA.

Such Support will be provided, unless otherwise directed by the Township.

II.

EXPENSES & RESPONSIBILITIES

PCVA shall be responsible for the following expenses related to the Flea Market:

Equipment and supplies related to production of the Flea Market Ticket Sales on Initial Sale Day Donations to service clubs or organizations involved with the production of the Flea Market

Township will be responsible for arranging and carryout the following: t:

General Liability Insurance Location/ venue and date for the Flea Market Portalets or portable restrooms Refreshments for Volunteers Security Barricades and traffic cones Telephone Web Site Community Magazine Newspaper advertisement Ticket Sales after Initial Sale Day Expenses related to Security, Portaltes or portable restrooms, Refreshments for Volunteers and Newspaper Advertisement will be reimbursed to the Township from the proceeds from the Flea Market.

III.

LIMITATION OF REMEDIES

The sole obligation of the respective parties to each other is to provide its services described in this Agreement. Should the either party fail, for any reason, to carry out its

74 obligations under this Agreement, the sole remedy of the other party, shall be to terminate

this Agreement immediately by providing written notice to the defaulting party..

IV.

MUTUAL INDEMNIFICATION

PCVA and its agents, contractors, employees, successors and assigns, agrees to

indemnify, hold harmless, protect and defend Township and its directors, officers, agents, attorneys and employees, from all claims, reasonable attorneys’ fees and court costs, out- of-pocket expenses, damages (including compensatory and punitive damages) and liabilities, arising from or relating to PCVA obligations under this Agreement or to any liability caused by any actions or omissions of PCVA and its agents, contractors,

employees, successors and assigns regarding the Flea Market.

Likewise, the Township and its agents, contractors, employees, successors and

assigns, agrees to indemnify, hold harmless, protect and defend PCVA and its directors,

officers, agents, attorneys and employees, from all claims, reasonable attorneys’ fees and

court costs, out-of-pocket expenses, damages (including compensatory and punitive

damages) and liabilities, arising from or relating to the Township’s obligations under this

Agreement or to any liability caused by any actions or omissions of the Township and its agents, contractors, employees, successors and assigns regarding the Flea Market.

These mutual indemnification provisions shall survive the expiration or termination of this Agreement.

75 V.

TERM, RENEWAL AND TERMINATION

This Agreement shall remain in full force and effect until December 31, 20110 and shall be automatically renewed annually for an additional one (1) year period pursuant to the same terms and conditions herein, other than date, unless terminated for any reason by either party with said terminating party providing at least 90 days written notice of the termination to the other party or unless terminated sooner pursuant to Article

III of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement effective the

___ day of ______, 20110.

THE WOODLANDS TOWNSHIP

By: Bruce Tough, Chairman

PANTHER CREEK VILLAGE ASSOCIATION EVENT COORDINATOR

By: ______Larry Faith, PCVA Event Coordinator

PANTHER CREEK VILLAGE ASSOCIATION

By: ______, President

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

January 20, 2011

ISSUE: 4th Quarter Update on The Woodlands Convention & Visitors Bureau

FACTS:

Each quarter The Woodlands Convention & Visitors Bureau (TWCVB) updates The Woodlands Township with a written financial report as well as a visual presentation concerning the services provided by TWCVB to The Woodlands Township. TWCVB on behalf of The Woodlands Township markets and promotes shopping, dining, lodging and entertainment in The Woodlands to stimulate sales tax and hotel occupancy tax collections.

An updated financial report from TWCVB follows this Executive Summary comparing budget to actual expenditures through November 2010 made by TWCVB on behalf of The Woodlands Township.

A presentation will be made by the President of TWCVB during the January 20, 2011 meeting of The Woodlands Township Board of Directors with an update on services, including visitor activity, special event attendance, and related results of the destination marketing efforts.

TWCVB’s Mission is to position The Woodlands as a regionally, nationally, and internationally recognized tourist destination by developing quality marketing programs and events to attract visitors and stimulate economic development and growth.

TWCVB directs its marketing efforts locally, regionally, nationally and internationally to group and meeting planners, travel agents, tour operators, travel journalists, and the general public who directly influence visitors’ choices in shopping, dining and residential living in The Woodlands.

TWCVB Board of Directors currently are Nelda Blair, Chairman; Claude Hunter, Vice Chairman; Lloyd Matthews, Treasurer/Secretary; Karen Hoylman, Director, President of South Montgomery County Woodlands Chamber of Commerce; Fred Domenick, Director, General Manager of The Woodlands Waterway Marriott Hotel & Convention Center; Don Norrell, Director, President of The Woodlands Township; Kent Johnson, Director, General Manager of The Woodlands Resort & Conference Center; Nick Wolda as President and Casey Snyder as General Manager.

77 Below are key stats of TWCVB efforts, January through December 2010:

Communication Outreach - 193,310 unique website visits (increased by over 33,000 from 2009) - 146,130+ English Visitor Guides distributed (increased by over 70,000 from 2009) - 8,960+ Spanish Visitor Guides distributed (increased by over 6,000 from 2009) - 16,990+ Discovery Guide & Savings Books distributed (increased by over 15,000 from 2009) - 18,000+ Current newsletters distributed

Visitor, Media, and Public Relations Activity (NOTE: See attached Public Relations analysis report.) - Recordation and interviews of over 105,000 visitors through Visitor Services at Market Street and The Woodlands Mall - Visitors from 588 different zip codes, 72 countries, and 48 states - 970+ responses to media inquiries about The Woodlands as a destination - Value of stories in various publications = $948,073

Destination Marketing (NOTE: See attached Destination Marketing warp-up report.) - Featured Campaign: Ordinary Weekend, Extraordinary Weekend - Destination Marketing efforts have created over 30 million impressions in paid advertising through print, television, radio, online, billboard and e-newsletters. . 592 television spots (ABC, CBS, NBC, Comcast cable) • Greater Houston Area: May-August 2010 . 326 radio spots (KODA 99.1 FM, KTRH 740 AM) • June-October 2010 . 15+ Print Ads • Local: The Villager, Houston Community Newspapers, WHERE Guestbook-Houston, Interfaith Directory & Dining Guide • Statewide: See Texas First-Spring (Spring and Fall), Texas Town and City o Generated over 7,200 leads through See Texas First-Spring • International: Continental Magazine . 14 e-newsletters distributed to a database of over 8,000 . Online • Facebook Page – www.Facebook.com/VisitTheWoodlands o 2,146 fans (as of December 31, 2010)

Cooperative Advertising Each year, The Woodlands CVB combines marketing efforts with participation from other organizations to continue to promote and increase awareness about The Woodlands. The 2010 partners are: The Woodlands Resort & Conference Center, The Woodlands Mall, Market Street- The Woodlands, The Woodlands Development Company, and The Woodlands Waterway Marriott Hotel & Convention Center.

The Marketing Campaign consisted of 2 components: 1) Greater Houston CVB Visitor Guide – Fall/Winter 2010-2011 (Full page ad, Editorial) . Distribution: 180,000+ 2) Online Virtual Tour (www.TheWoodlandsVirtualTour.com) . Provides prospective visitors, meeting planners, corporate travel agents and more with the next best thing . Features 360-degree, panoramic views of hotels, shopping and entertainment venues and a number of other points of interest in The Woodlands. Each of the images contains graphics, video clips, web links, music and other interactive elements to immerse the viewer in the scene.

Group Sales Efforts - Featured Campaign: Where Productivity Meets Pleasure - Marketing efforts through print, online, and e-newsletters . Print • The Woodlands Meeting Planner Guide • Convention South Magazine – March 2010 (Annual CVB issue) o Circulation: 18,275+ meeting planners • Texas Meetings + Events – Fall 2010 o Circulation: 16,000+ industry expert • East Texas Group Tour Manual o Circulation: 5,000 tour operators . Online • Launched www.MeetingsInTheWoodlands.com • ConventionSouth.com (June 1-June 30, 2010) o Impressions: 17,410+ • Texas Meetings + Events Online – August 2010-March 2011 • 3 Quarterly e-newsletters o Distributed to over 800 meeting and convention planners, wedding planners/consultants, and event planners o Market: Texas (majority), Alabama, Louisiana, Mississippi, and Oklahoma

Event Update - Taste of the Town: . January 28, 2010 . 6,000+ estimated attendees - Live at Night: . Spring series March 24 – April 28, 2010: Live music Wednesdays at Waterway Square, 6 – 8 pm . Fall series September 8 –29: Live music Wednesdays at Waterway Square, 6 -8 pm

79 . 6,000 estimated spring and fall attendees - The Woodlands Waterway Arts Festival . April 11 and 12, 2010 in Town Green Park and along The Woodlands Waterway® . 15,000 estimated attendees - CB&I Triathlon: . Saturday, May 1, 2010 . 3,000 attendees (1,100 participants and 1,900 spectators) - Movie Night: . Summer series May 15 – June 12, 2010: Movies at Waterway Square every Saturday night, 8 – 10 pm . Fall series October 23 – November 13, 2010: Movies at Waterway Square every Saturday, 7 – 9 pm . 4,000 estimated summer and fall attendees - Wine and Food Week: . June 14 – June 20, 2010 . 10,732 attendees - Waterway Nights: . Friday evenings at Waterway Square, July 2 - August 27, 2010, 6 – 8 pm . 3,000 estimated series attendees - 4th of July Parade: . July 3, 2010, parade through Market Street and Town Center . 15,000 estimated attendees - Star Spangled Salute: . July 3, 2010, concert at the Cynthia Woods Mitchell Pavilion . 7,927 attendees - Splash Day: . July 4, 2010, events at community pools . 6,106 attendees - North Shore Park & Riva Row Fireworks Viewing: . July 4, 2010 . 5,500 estimated attendees - Red, Hot & Blue Festival: . Sunday, July 4, 2010, 6 - 10 pm, Town Green Park and Waterway Square . 110,000+ people view the Fireworks Extravaganza . 25,000+ estimated festival attendees - Labor Day Weekend Event: . Saturday and Sunday, September 4 and 5, 2010, live music at Waterway Square from 6:30 – 9:00 pm . 2,000 estimated event attendees - Oktoberfest: . September 24, 25 and 26, 2010, Town Green Park . 5,000+ estimated attendees

80 - 10 For Texas: . Saturday, October 9, 2010 . 4,000 attendees (2,000 participants and 2,000 spectators) - Trick or Treat Trail: . Waterway Square, October 10, 2010, 5– 7 pm . 4,500 estimated attendees - Children’s Festival: . November 13 and 14, 2010 at The Cynthia Woods Mitchell Pavilion . 7,000 estimated attendees - 28th Annual Lighting of the Doves and iWOW Festival: . Saturday, November 20, 2010, 3 – 9 pm, Town Green Park and along The Woodlands Waterway . 25,000 estimated attendees - Junior League Holiday Market: . November 19-21, 2010 . 15,000 estimated attendees - Caroling on the Square: . Sundays, December 5, 12 and 19, 2010, 6 – 8 pm in Waterway Square . 1,500 estimated series attendees - Donoho’s Jewellers Winter Wonderland: . Open Daily: November 20, 2010 – January 3, 2011 . 100,000+ visitors - The Ice Rink in The Woodlands Town Center: . Open Daily: November 20, 2010 – January 17, 2011 . As of January 9, 2011, there have been 43,660 paid skaters that have enjoyed The Ice Rink.

Business Development In the Business Development Program, the business development team contracted a total of $247,850 (100.8%) in outside sponsorship dollars as well as a total of $36,750+ currently in sponsorship in-kind trades. A total of 6,506 outbound sponsor calls/emails have been made and 469 sponsor visits were made in total for 2010. In addition, 102 customized sponsorship proposals were created and a total of 81 companies participated in the 2010 event sponsorship year.

Waterway Cruiser Update A. Catering On December 21, 2010 a RFP (Request for Proposal) was sent out to local merchants, restaurants and businesses to gauge their interest in catering services. TWCVB is seeking proposals to determine interest in catering and catering management services for the Waterway Cruisers on The Woodlands Waterway. Proposals are due back to TWCVB Event Specialist, Julie DeGuerre, by Tuesday, January, 25, 2011. Once received, the CVB team will review all proposals.

81 B. Naming Right’s/Sponsorship/Advertising Opportunities on The Waterway Cruisers On December 27, 2010 a RFI (Request for Interest) was distributed to determine interest in the Naming Right’s/Sponsorship opportunities. The deadline for the RFI is on Tuesday, January 25, 2011. The CVB will review the interest requests and move forward with contracting/selling sponsorships and naming rights on The Waterway Cruisers.

C. Advertising The advertising component consists of several efforts: new and improved brand, official “dedication” event, print advertising, and broadcast radio and/or television. The Waterway Cruisers will have a website, www.TheWoodlandsWaterwayCruisers.com. And the CVB is currently determining marketing services for the Cruisers. More updates will come at the January 20, 2011 meeting.

RECOMMENDED BOARD ACTION: There is no Board Action necessary at this time.

GENERAL PURPOSE FINANCIAL STATEMENTS November 30, 2010

These financial statements are unaudited and intended for informational and internal discussion purposes only.

83 THE WOODLANDS CONVENTION & VISITORS BUREAU Balance Sheet As of November 30, 2010

Assets and Other Debits Cash $ 563,229 Accounts Receivable 69,753 Prepaid Expenses -

Total Assets $ 632,982

Liabilities and Fund Balance

Current Liabilities Accounts Payable $ - Accrued Liabilities 12,816

Fund Balance Undesignated - Designated 620,166

Total Liabilities and Fund Balance $ 632,982

84 THE WOODLANDS CONVENTION & VISITORS BUREAU Budget and Actual For the Eleven Months Ended November 30, 2010

2010 2010 Favorable/ Budget Actual (Unfavorable) REVENUE Operating Transfers 2,045,737 2,045,737 - Interest Income - 436 436 Sponsorship - Red, Hot & Blue 90,000 82,750 (7,250) Sponsorship - Lighting of the Dove 20,000 24,500 4,500 Sponsorship - Ice Rink 40,000 47,500 7,500 Sponsorship - Winter Wonderland 15,000 20,000 5,000 Sponsorship - iWOW 17,000 26,000 9,000 Sponsorship - Waterway 20,000 20,950 950 Sales Income - Ice Rink 95,000 79,246 (15,754) Subtotal 2,342,737 2,347,119 4,382 GENERAL EXPENSES Salaries and Benefits* - - - Staff Development 24,000 10,928 13,072 Facilities Expense** - - - Equipment Expense 5,958 3,398 2,560 Contracted Services 55,000 71,133 (16,133) Administrative 50,667 52,154 (1,487) Subtotal 135,625 137,612 (1,987) ATTRACTIONS & EVENTS Red, Hot & Blue 275,000 239,473 35,528 Lighting of the Doves 92,500 12,316 80,184 Ice Rink 281,100 210,285 70,815 Winter Wonderland 112,500 64,707 47,793 iWOW 118,800 12,058 106,742 Waterway Events 100,000 77,261 22,739 Community Festivals & Events 172,167 162,474 9,693 Subtotal 1,152,067 778,572 373,495 DESTINATION MARKETING Media 327,971 359,167 (31,196) Public Relations 33,000 30,000 3,000 Production 77,917 71,901 6,016 International Marketing 50,000 49,585 415 Cooperative Marketing 25,000 15,224 9,776 Meeting Planners 7,000 6,730 270 Group Sales 6,000 3,775 2,225 Visitor Services 51,500 55,500 (4,000) Subtotal 578,388 591,882 (13,494) PROMOTION Waterway 116,667 5,176 111,491 Promotion 135,000 119,049 15,951 Information Distribution 102,000 74,476 27,524 Other Advertising 20,000 20,185 (185) Subtotal 373,667 218,887 154,780 CONTINGENCY - - - TOTAL EXPENDITURES 2,239,746 1,726,953 512,793 REVENUE OVER/(UNDER) EXPENDITURES 102,991 620,166 517,175 BEGINNING FUND BALANCE - - - ENDING FUND BALANCE 102,991 620,166 517,175

*Salaries and benefits for staff performing CVB functions are recorded in The Woodlands Township's general fund. The 2010 budgeted expense for four full-time staff and 70% of the Township's Director of Community Relations salary and benefits is $413,642.

**In accordance with the annual service agreement, The Woodlands Township provides the CVB with office space and administrative support at no cost. The 2010 estimated facilities expense is $28,500 based on 1,000 square feet at an annual base rental rate of $28.50/sq ft.

85 THE WOODLANDS CONVENTION & VISITORS BUREAU Budget and Actual with Encumbrances January 1, 2010 - December 31, 2010

YTD YTD 2010 2010 11/30/2010 Favorable/ Budget Actual Encumbrances (Unfavorable)

REVENUE Operating Transfers 2,045,737 2,045,737 - - Interest Income - 436 - 436 Sponsorship - Red, Hot & Blue 90,000 82,750 - (7,250) Sponsorship - Lighting of the Dove 20,000 24,500 - 4,500 Sponsorship - Ice Rink 50,000 47,500 - (2,500) Sponsorship - Winter Wonderland 20,000 20,000 - - Sponsorship - iWOW 25,000 26,000 - 1,000 Sponsorship - Waterway 20,000 20,950 - 950 Sales Income - Ice Rink 175,000 79,246 - (95,754) Subtotal 2,445,737 2,347,119 - (98,618)

GENERAL EXPENSES Salaries and Benefits - - - - Staff Development 24,000 10,928 - 13,072 Facilities Expense - - - - Equipment Expense 6,500 3,398 - 3,102 Contracted Services 60,000 71,133 - (11,133) Administrative 51,500 52,154 3,000 (3,654) Subtotal 142,000 137,612 3,000 1,388

ATTRACTIONS & EVENTS Red, Hot & Blue 275,000 239,473 - 35,528 Lighting of the Doves 97,500 12,316 9,048 76,136 Ice Rink 409,150 210,285 167,430 31,435 Winter Wonderland 117,500 64,707 15,728 37,066 iWOW 123,800 12,058 9,048 102,695 Waterway Events 100,000 77,261 8,970 13,769 Community Festivals & Events 176,500 162,474 - 14,026 Subtotal 1,299,450 778,572 210,223 310,655

DESTINATION MARKETING Media 357,787 359,167 9,250 (10,630) Public Relations 36,000 30,000 2,000 4,000 Production 85,000 71,901 4,500 8,599 International Marketing 50,000 49,585 - 415 Cooperative Marketing 25,000 15,224 2,000 7,776 Meeting Planners 7,000 6,730 2,392 (2,122) Group Sales 6,000 3,775 - 2,225 Visitor Services 55,500 55,500 - - Subtotal 622,287 591,882 20,142 10,263

PROMOTION Waterway 125,000 5,176 - 119,824 Promotion 135,000 119,049 933 15,018 Information Distribution 102,000 74,476 - 27,524 Other Advertising 20,000 20,185 - (185) Subtotal 382,000 218,887 933 162,180

CONTINGENCY - - - -

TOTAL EXPENDITURES 2,445,737 1,726,953 234,298 484,485

REVENUE OVER/(UNDER) EXPENDITURES - 620,166 BEGINNING FUND BALANCE - - ENDING FUND BALANCE - 620,166

86 2010 SPONSORSHIP COMMITMENTS

Event Sponsor Amount Waterway Events The Woodlands Development Company 5,000 Red, Hot & Blue Memorial Hermann Woodlands 3,000 Waterway Events Tesars - 2009 Sponsorship Write-off (250) Waterway Events Moon Water 500 Red, Hot & Blue Memorial Hermann Woodlands 3,000 Waterway Events Moon Water 500 Red, Hot & Blue University of Phoenix 15,000 Red, Hot & Blue Jaguar 7,500 Red, Hot & Blue City Oak North 3,000 Waterway Events ACE Parking 3,000 Waterway Events Berripop 500 Waterway Events State Farm 4,500 Red, Hot & Blue Coca-Cola 7,500 Red, Hot & Blue Wood Young Learners 3,000 Red, Hot & Blue Woodlands Operating Company 3,000 Red, Hot & Blue Walter Cooke 1,500 Red, Hot & Blue Wrights Printing 3,750 Red, Hot & Blue Silver Eagle Distributors 5,000 Red, Hot & Blue HEB 4,000 Red, Hot & Blue Brady for Congress 2,000 Red, Hot & Blue Ellis & Ellis 7,500 Red, Hot & Blue Hewitt 5,000 Red, Hot & Blue Waste Management 1,000 Red, Hot & Blue Hubbell & Hudson 2,000 Red, Hot & Blue Two Men & Truck 1,000 Red, Hot & Blue City of Shenandoah 7,500 Red, Hot & Blue Splashtown 500 Red, Hot & Blue Memorial Hermann Woodlands - 2011 Sponsorship (3,000) Waterway Events Berry Martial Arts 200 Waterway Events Kona Ice 200 Waterway Events Silverleaf Resorts 300 Waterway Events Woodlands Young Learners 100 Waterway Events Thousand Word Photo 200 Waterway Events Green Mountain 200 Waterway Events Living Well Chiropractic 300 Waterway Events Americas 200 Lighting of the Doves Coca-Cola 7,500 Lighting of the Doves CB&I 3,000 Ice Rink BBVA Compass 5,000 Ice Rink Fidelity Investments 5,000 Ice Rink Spectrum Events 5,000 Ice Rink Hodges Collision Center 3,000 Ice Rink St. Luke's Community Medical Center 5,000 Ice Rink Woodlands Young Learners 3,000 iWOW Planet Ford 5,000 iWOW Wrights Printing 2,500 iWOW Silver Eagle Distributors 4,000 Lighting of the Doves Huntsman Corporation 5,000 Lighting of the Doves Hubbell & Hudson 4,000 Ice Rink Jaguar 12,000 Ice Rink The Strong Firm 6,500 Winter Wonderland Donoho's Jeweller 20,000 iWOW Waste Management 1,000 iWOW CenterPoint Energy 7,000 iWOW Kroger 5,000 iWOW Rico's Mexican Grill 1,500 Waterway Events Munday Chevrolet 2,500 Waterway Events BBVA Compass 1,500 Waterway Events Montgomery County Emergency Assistance 100 Waterway Events VillaSport Athletic Club 200 Waterway Events Scentsy 200 Waterway Events Flaherty's Flooring America 1,000 Ice Rink Mellisa Ray 3,000 Lighting of the Doves Woodlands Land Development Company 5,000

221,700

87 THE WOODLANDS CONVENTION & VISITORS BUREAU 2010 ATTRACTIONS & EVENTS BUDGET

PUBLIC EVENT PRODUCTION ADVERTISING SAFETY SPONSORS SALES EVENT TOTAL

Red, Hot & Blue 199,000 40,000 36,000 (90,000) - 185,000

Lighting of the Doves 70,000 20,000 7,500 (20,000) - 77,500

Ice Rink 369,150 40,000 - (50,000) (175,000) 184,150

Winter Wonderland 85,000 20,000 12,500 (20,000) - 97,500

iWOW 96,300 20,000 7,500 (25,000) - 98,800

Waterway Events 51,000 20,000 29,000 (20,000) - 80,000

* South County 4th of July Parade 27,000 - 2,000 - - 29,000

* Run Thru the Woods 10,000 - 2,000 - - 12,000

* Taste of the Town 10,000 - 1,000 - - 11,000

* The Woodlands Waterway Arts Festival 22,500 - - - - 22,500

* Children's Festival 10,000 - - - - 10,000

* Wine Week in The Woodlands - 10,000 - - - 10,000

* Wildflower Festival 12,000 - - - - 12,000

* Arbor Day 8,000 - - - - 8,000

* Houston Symphony 10,000 - - - - 10,000

* Seasonal Lighting ------

* Other Festivals/Special Events 52,000 - - - - 52,000

TOTAL COST BREAKDOWN $ 1,031,950 $ 170,000 $ 97,500 $ (225,000) $ (175,000) $ 899,450

*Events produced by partner organizations. Amounts represent participation costs. 88 THE WOODLANDS CONVENTION & VISITORS BUREAU MONTHLY INVESTMENT REPORT November 30, 2010

Beginning Monthly Ending Beginning Ending Avg. % Investment Type Description/ Location Maturity Balance Activity Earnings Balance Market Market Yield Business NOW Woodforest Open $ 349,641 $ - $ 14 $ 349,655 $ 349,641 $ 349,655 0.05% Demand Account National Bank (0) Choice IV Commercial Wells Fargo Open $ 457,982 $ 99,570 $ 60 $ 213,473 $ 457,982 $ 213,473 0.23% Checking with Interest Checking Account (344,138)

Total $ 807,623 $ (244,568) $ 74 $ 563,129 $ 807,623 $ 563,129 0.15%

YTD $ 436

Weighted Average Maturity (WAM) 0 days

Interest Rates Month Ending November 30, 2010 2%

Interest Rate Interest 0.27% 0.19% 0.14% 0% TexPool 90 Day CD 90 Day T-Bill 89 DATE PUBLICATION DESCRIPTION/EVENT COL. INCH RATE AD EQUIV. PR EQUIV. DEC/JAN The Woodlands Lifestyles & Homes Donoho's Food Drive/Ice Rink 1/6 page $525.00 $525.00 $1,312.50 DEC/JAN The Woodlands Lifestyles & Homes Jaguar/Ice Rink 1/6 page $525.00 $525.00 $1,312.50 JANUARY The Woodlands Lifestyles & Homes W.Arts Festival 1/6 page $525.00 $525.00 $1,312.50 JANUARY The Woodlands Online Ice Rink's Final Weekend Over 122,00 page views daily $200.00 $500.00 JANUARY ArtsHound.com Ice Rink's Final Weekend $200.00 $500.00 JANUARY The Woodlands Online Record Numbers at The Ice Rink Over 122,00 page views daily $500.00 JANUARY The Woodlands E-Neighbor Record Numbers at The Ice Rink Over 33,000 daily reade $200.00 $500.00 JANUARY The Woodlands E-Neighbor Hubbell & Hudson/Ice Rink Over 33,000 daily reade $200.00 $500.00 01-07-10 UltimateWoodlands.com Group Sales Initiatives 1.2 million daily views $200.00 $500.00 01-07-10 Houston Chronicle (PREVIEW) Tesar in The Woodlands 4 $269.00 $1,076.00 $2,690.00 01-07-10 Houston Chronicle (PREVIEW) The Woodlands Trolleys 1 $269.00 $269.00 $672.50 01-07-10 UltimateWoodlands.com SMERF Initiatives 1.2 million daily views $200.00 $500.00 01-12-10 UltimateWoodlands.com Ice Rink's Final Weekend 1.2 million daily views $200.00 $500.00 01-14-10 The Conroe Courier (Online) Hubbell & Hudson/Ice Rink $200.00 $500.00 01-21-10 UltimateWoodlands.com The Woodlands Trolleys/Taxi 1.2 million daily views $200.00 $500.00 01-21-10 The Woodlands Villager W.Arts Festival 15 $22.24 $333.60 $834.00 FEBRUARY Review It Magazine 2010 Events in The Woodlands 1 page $2,070.00 $2,070.00 $5,175.00 FEBRUARY UltimateWoodlands.com Blue-chip Soccer Tournament $200.00 $500.00 FEBRUARY The Woodlands E-Neighbor Donoho's Food Drive/Ice Rink $200.00 $500.00 FEBRUARY ThePaperMagazine.com Donoho's Food Drive/Ice Rink $200.00 $500.00 FEBRUARY ThePaperMagazine.com 2010 Events in The Woodlands $200.00 $500.00 FEBRUARY ThePaperMagazine.com Donoho's Food Drive Photo $200.00 $500.00 FEBRUARY UltimateWoodlands.com CVB Group Sales Initiatives 1.2 million daily views $200.00 $500.00 FEBRUARY WhereTraveler.com (HOUSTON) The Woodlands Mentioned 1/2 page $200.00 $500.00 FEBRUARY LocalKizstuff.com (BLOG) The Woodlands Ice Rink $200.00 $500.00 FEBRUARY TheWoodlandsChamber.com Waterway Square events $200.00 $500.00 FEBRUARY The Woodlands E-Neighbor 2010 Events in The Woodlands Over 33,000 daily reade $200.00 $500.00 FEBRUARY The Woodlands E-Neighbor Record Numbers at The Ice Rink Over 33,000 daily reade $200.00 $500.00 FEBRUARY ShermanTravel.com (newsletter) Travel to The Woodlands $200.00 $500.00 FEBRUARY TexasMeetingsandEvents.com Meeting Space at The Resort $200.00 $500.00 FEBRUARY HoustonTidbits.com The Woodlands featured $200.00 $500.00 FEBRUARY VisitHoustonTexas.com W. Arts Festival Over 127,000 page view $200.00 $500.00 02-01-10 UltimateWoodlands.com Record Numbers at The Ice Rink 1.2 million daily views $200.00 $500.00 02-04-10 Houston Chronicle (PREVIEW) The Woodlands Trolleys 1 $269.00 $269.00 $672.50 02-10-10 UltimateWoodlands.com Live at Night Series 1.2 million daily views $200.00 $500.00 02-11-10 The Woodlands Villager Record Numbers at The Ice Rink 3 $22.24 $66.72 $166.80 02-11-10 The Woodlands Villager W. Arts Festival 3 $22.24 $66.72 $166.80 02-12-10 ThePaperMagazine.com SMERF Initiatives $200.00 $500.00 02-24-10 The Conroe Courier (Online) W. Arts Festival $200.00 $500.00 MARCH American Style (2010 Guide) W. Arts Festival 1/8 page $200.00 $500.00 MARCH The Woodlands Lifestyles & Homes W.Arts Festival Sponsors 1/6 page $525.00 $525.00 $1,312.50 MARCH PaperCity Magazine Hubbell & Hudson feature 1 page $200.00 $500.00 MARCH The Woodlands Chamber Red, Hot Blue listing $200.00 $500.00 MARCH DealFinder.com (blog) Group Sales/SMERFS $200.00 $500.00 MARCH Eventful.com St. Patrick's Day Celebrations $200.00 $500.00 MARCH Eventful.com W. Arts Festival $200.00 $500.00 MARCH Fort Bend Lifestyles & Homes W. Arts Festival 1/6 page $525.00 $525.00 $1,312.50 MARCH TexasCountryReporter.com W. Arts Festival $200.00 $500.00 MARCH VisitHoustonTexas.com W. Arts Festival Over 127,000 page view $200.00 $500.00 MARCH The Woodlands E-Neighbor W. Arts Festival Over 33,000 daily reade $200.00 $500.00 MARCH DealFinder.com (blog) W. Arts Festival $200.00 $500.00 MARCH HelloHouston.com W. Arts Festival $200.00 $500.00 MARCH The Woodlands Online W. Arts Festival Over 122,00 page views daily $500.00 MARCH ExperienceTheWoodlands.com 2010 Events in The Woodlands $200.00 $500.00 MARCH CourierNewsletter.com 2010 Events in The Woodlands $200.00 $500.00 MARCH CourierNewsletter.com W. Arts Festival $200.00 $500.00 MARCH DealFinder.com (blog) Waterway Square events $200.00 $500.00 MARCH Review It Magazine 2010 Events in The Woodlands 1 page $2,070.00 $2,070.00 $5,175.00 MARCH CourierNewsletter.com Waterway Square events $200.00 $500.00 03-04-10 The Woodlands Villager 5 $22.24 $111.20 $278.00 03-10-10 UltimateWoodlands.com St. Patrick's Day Celebrations 1.2 million daily views $200.00 $500.00 03-11-10 The Woodlands Villager C. Woods Mitchell mentioned 35 $22.24 $778.40 $1,946.00 03-11-10 The Woodlands Villager 2010 Waterway Square Events 3 $22.24 $66.72 $166.80 03-15-10 UltimateWoodlands.com 2010 Events in The Woodlands 1.2 million daily views $200.00 $500.00 03-16-10 ThePaperMagazine.com 2010 Events in The Woodlands $200.00 $500.00 03-18-10 The Woodlands Villager 2010 Events in The Woodlands 80 $22.24 $1,779.20 $4,448.00 90 03-19-10 The Conroe Courier (Online) W. Arts Festival $200.00 $500.00 03-19-10 The Conroe Courier (Online) 2010 Events in The Woodlands $200.00 $500.00 03-21-10 Houston Chronicle This Week 2010 Events in The Woodlands 60 $37.00 $2,220.00 $5,550.00 03-22-10 ThePaperMagazine.com Live at Night Series $200.00 $500.00 03-25-10 Houston Chronicle (PREVIEW) The Woodlands Trolleys 1 $269.00 $269.00 $672.50 03-25-10 TheAdvertiser.com (Louisiana pub.) W. Arts Festival $200.00 $500.00 APRIL Review It Magazine W. Arts Festival Listing 1/6 page $600.00 $600.00 $1,500.00 APRIL Review It Magazine W. Arts Festival mentioned 1/2 page $1,064.00 $1,064.00 $2,660.00 APRIL LINKS Magazine (Online) Best Golf: The W. Resort $200.00 $500.00 APRIL Texas Highways Magazine W. Arts Festival 1/12 page $305.00 $305.00 $762.50 APRIL 29-95.com W. Arts Festival $200.00 $500.00 APRIL The Arcadian Times (Online) W. Arts Festival $200.00 $500.00 APRIL ArtsHound.com W. Arts Festival $200.00 $500.00 APRIL Absolutely! Memorial Magazine W. Arts Festival $200.00 $500.00 APRIL HoustonAssignment.com W. Arts Festival $200.00 $500.00 APRIL Brandcandid.com (blog) W. Arts Festival $200.00 $500.00 APRIL Centered.com W. Arts Festival $200.00 $500.00 APRIL CulturedMap.com. W. Arts Festival $200.00 $500.00 APRIL Eventful.com W. Arts Festival $200.00 $500.00 APRIL FestivalNet.com W. Arts Festival $200.00 $500.00 APRIL FestivalsAndFairs.com W. Arts Festival $200.00 $500.00 APRIL GoCityKids.com W. Arts Festival $200.00 $500.00 APRIL HAR.com W. Arts Festival $200.00 $500.00 APRIL JillWente.com(blog) W. Arts Festival $200.00 $500.00 APRIL KHOU.com (comm. calendar) W. Arts Festival 1 million visitors each mon $200.00 $500.00 APRIL PaulaHamilton.com(blog) W. Arts Festival $200.00 $500.00 APRIL SaavySource.com W. Arts Festival $200.00 $500.00 APRIL TheWoodlandsKidStuff.com (blog) W. Arts Festival $200.00 $500.00 APRIL TheWoodlandsTX.com.pdf W. Arts Festival $200.00 $500.00 APRIL TravelTexas.com W. Arts Festival $200.00 $500.00 APRIL Twitter.com W. Arts Festival $200.00 $500.00 APRIL VisitHoustonTexas.com W. Arts Festival Over 127,000 page view $200.00 $500.00 April The Woodlands Lifestyles & Homes Online Waterway Square Events $200.00 $500.00 APRIL TheWoodlandsResort.com (BLOG) W. Arts Festival $200.00 $500.00 APRIL TheWoodlandsChildren's Museum W. Arts Festival $200.00 $500.00 APRIL TheWoodlandsEvents.com W. Arts Festival $200.00 $500.00 APRIL Zapplication.com W. Arts Festival $200.00 $500.00 APRIL The Woodlands Lifestyles & Homes Events at Waterway Square 1/6 page $525.00 $525.00 $1,312.50 04-01-10 Houston Chronicle (online) W. Arts Festival 1.2 million daily views $200.00 $500.00 04-02-10 Houston Chronicle (CITY/STATE) W. Arts Festival 1 $269.00 $269.00 $672.50 04-02-10 UltimateWoodlands.com W. Arts Festival 1.2 million daily views $200.00 $500.00 04-07-10 ThePaperMagazine.com W. Arts Festival $200.00 $500.00 04-08-10 The Woodlands Villager (Online) W. Arts Festival $200.00 $500.00 04-08-10 Channel 11 (CBS) KHOU W. Arts Festival mentioned 23 secs $750 (per 30 sec) $700.00 $1,750.00 04-09-10 UltimateWoodlands.com W. Arts Festival 1.2 million daily views $200.00 $500.00 04-10-10 The Conroe Courier W. Arts Festival $200.00 $500.00 MAY 4thOfJuly.org Red, Hot Blue listing $200.00 $500.00 MAY ActiveRain.com (BLOG) Movie Nights at Waterway Square $200.00 $500.00 MAY Utahburden.com(BLOG) Movie Nights at Waterway Square $200.00 $500.00 MAY Eventful.com Movie Nights at Waterway Square $200.00 $500.00 MAY Eventful.com Red, Hot Blue listing $200.00 $500.00 MAY GrogansMillVillage.com Movie Nights at Waterway Square $200.00 $500.00 MAY Houston Chronicle (Dining Guide) 1252 Tapas Bar feature 1.2 million daily views $200.00 $500.00 MAY TheWoodlandsRealEstate.com (BLOG) Movie Nights at Waterway Square $200.00 $500.00 MAY The Woodlands Texas Movie Nights at Waterway Square $200.00 $500.00 05-05-10 TheWoodlandsOnline.com Movie Nights at Waterway Square $200.00 $500.00 05-12-10 HoustonOnTheCheap.com Movie Nights at Waterway Square $200.00 $500.00 05-14-10 Houston 101 (HCN Online) Red, Hot & Blue mention $200.00 $500.00 05-14-10 The Villager Online Red, Hot Blue listing $200.00 $500.00 05-15-10 The Woodlands Events Movie Nights at Waterway Square $200.00 $500.00 05-17-10 MeetUp.com Movie Nights at Waterway Square $200.00 $500.00 05-17-10 WoodlandsAboutTown.com (BLOG) The Fountains at Waterway Square $200.00 $500.00 05-17-10 HAR.com (BLOGS) Movie Nights at Waterway Square $200.00 $500.00 05-17-10 ExperienceTheWoodlands.com Movie Nights at Waterway Square $200.00 $500.00 05-18-10 The Woodlands Online Firecracker Essay Contest $200.00 $500.00 05-20-10 ThePaperMagazine.com Little Firecracker Contest $200.00 $500.00 05-22-10 KHOU.com (comm. calendar) Movie Nights at Waterway Square $200.00 $500.00 91 05-22-10 VisitHoustonTexas.com Movie Nights at Waterway Square $200.00 $500.00 05-25-10 TheLoopScoop.com Movie Nights at Waterway Square $200.00 $500.00 05-23-10 UltimateWoodlands.com Movie Nights at Waterway Square $200.00 $500.00 05-26-10 UltimateConroe.com Movie Nights at Waterway Square $200.00 $500.00 05-28-10 HoustonOnTheCheap.com Movie Nights at Waterway Square $200.00 $500.00 05-28-10 ThePaperMagazine.com Movie Nights at Waterway Square $200.00 $500.00 05-28-10 CultureMap.com The Woodlands featured $200.00 $500.00 05-28-10 The Woodlands Township RHB Parking $200.00 $500.00 05-29-10 WoodlandsMommy.com Movie Nights at Waterway Square $200.00 $500.00 MAY PlanetEyeTraveler.com Waterway Square events $200.00 $500.00 MAY GrogansMillVillage.com Red, Hot Blue listing $200.00 $500.00 MAY KHOU.com (comm. calendar) Red, Hot Blue listing $200.00 $500.00 MAY Southfest.com Red, Hot Blue listing $200.00 $500.00 MAY TexasTravel.com Red, Hot Blue listing $200.00 $500.00 MAY TXFest.com Red, Hot Blue listing $200.00 $500.00 MAY WoodlandsEvents.com Red, Hot Blue listing $200.00 $500.00 MAY WoodlandsEventsNewsletter Movie Nights at Waterway Square $200.00 $500.00 MAY The Woodlands E-Neighbor Little Firecracker Contest $200.00 $500.00 MAY The Woodlands Online Little Firecracker Contest $200.00 $500.00 MAY Woodlands Online Movie Nights at Waterway Square $200.00 $500.00 MAY Upcoming Yahoo Waterway Square events $200.00 $500.00 MAY Upcoming Yahoo Movie Nights at Waterway Square $200.00 $500.00 MAY The Villager (Online) HCN Newspapers Red, Hot Blue listing $200.00 $500.00 MAY Meetings South Magazine The Woodlands Resort mentioned 1/12 page $925.00 $925.00 $2,312.50 MAY KTRK (online) Channel 13 Movie Nights at Waterway Square $200.00 $200.00 $500.00 05-14-10 Channel 13 (ABC) KTRK Movie Nights at Waterway Square 2 min. 19 sec $1000 per 30 sec. $3,600.00 $9,000.00 05-19-10 101 Houston (HCN Newspapers) The Pavilion 6 $37.00 $222.00 $555.00 05-19-10 101 Houston (HCN Newspapers) The Woodlands CVB mentioned 10 $37.00 $370.00 $925.00 05-19-10 101 Houston (HCN Newspapers) The Woodlands Development Co. 8 $37.00 $296.00 $740.00 05-19-10 101 Houston (HCN Newspapers) The Woodlands Resort 12 $37.00 $444.00 $1,110.00 05-27-10 Houston Chronicle (PREVIEW) Trolleys 2 $269.00 $538.00 $1,345.00 06-01-10 The Woodlands Resort BLOG Food & Wine Week $200.00 $200.00 $500.00 06-04-10 The Woodlands Resort BLOG Movie Nights at Waterway Square $200.00 $200.00 $500.00 06-05-10 WoodlandsFree.com Movie Nights at Waterway Square $200.00 $200.00 $500.00 06-05-10 ThePaperMagazine.com Firecracker Essay Contest $200.00 $200.00 $500.00 JUNE 4thOfJuly.org Red, Hot Blue listing $200.00 $200.00 $500.00 JUNE 99.1 FM Newsletter (online) Red, Hot Blue listing over 3,000 distributed $200.00 $500.00 JUNE About.com Red, Hot Blue listing $200.00 $200.00 $500.00 JUNE Cam-Info.net Little Firecracker Contest $200.00 $200.00 $500.00 06-08-10 TheLoopScoop.com Movie Nights at Waterway Square $200.00 $200.00 $500.00 06-08-10 The Villager Online Red, Hot & Blue Listing $200.00 $200.00 $500.00 06-10-10 ThePaperMagazine.com Waterway Nights $200.00 $200.00 $500.00 06-09-10 TalkOfTheTown.com Little Firecracker Contest $200.00 $200.00 $500.00 06-09-10 The Woodlands Villager.com Little Firecracker Contest $200.00 $200.00 $500.00 06-09-10 UltimateWoodlands.com Little Firecracker Contest $200.00 $200.00 $500.00 06-09-10 The Paper Magazine.com Red, Hot & Blue Sponsors $200.00 $200.00 $500.00 06-09-10 Sunny99.1 Newsletter Red, Hot Blue listing $200.00 $200.00 $500.00 06-16-10 The Woodlands Online Red, Hot & Blue Article $200.00 $200.00 $500.00 06-16-10 UltimateConroe.com Firecracker Essay Contest $200.00 $200.00 $200.00 06-19-10 The Woodlands Villager Online Waterway Nights $200.00 $200.00 $500.00 06-22-10 The Woodlands Resort BLOG Red, Hot & Blue mention $200.00 $500.00 06-23-10 KPRC.com Red, Hot & Blue mention $200.00 $500.00 06-23-10 The Paper Magazine.com RHB Food Drive $200.00 $200.00 $500.00 06-24-10 The Woodlands Online Iron Man $200.00 $200.00 $500.00 06-26-10 Brandcandid.com (blog) Red, Hot & Blue mention $200.00 $200.00 $500.00 06-28-10 KHOU.com Red, Hot & Blue mention $200.00 $200.00 $500.00 06-29-10 ExperienceTheWoodlands.com RHB $200.00 $200.00 $500.00 JUNE The Woodlands E-Neighbor Red, Hot Blue listing $200.00 $500.00 JUNE Eventful.com Red, Hot Blue listing $200.00 $500.00 JUNE FairsAndFun.com Red, Hot Blue listing $200.00 $500.00 JUNE FestAndEvents.com Red, Hot Blue listing $200.00 $500.00 JUNE Festivals.com Red, Hot Blue listing $200.00 $500.00 JUNE Gish Picks Newsletter Red, Hot Blue listing $200.00 $500.00 JUNE GHCVB (Facebook) Red, Hot Blue listing $200.00 $500.00 JUNE Governor.State.TX Red, Hot Blue listing $200.00 $500.00 JUNE HoustonPress Newsletter Red, Hot Blue listing over 26,000 distributed $200.00 $500.00 JUNE IronMan.com Iron Man $200.00 $500.00 92 JUNE KHOU.com (comm. calendar) Red, Hot & Blue Listing $200.00 $500.00 JUNE Memorial Herman.com Iron Man $200.00 $500.00 JUNE HoustonOnTheCheap.com Movie Nights at Waterway Square $200.00 $500.00 JUNE GrogansMillVillage.com Red, Hot Blue listing $200.00 $500.00 JUNE TexasTripper.com Red, Hot Blue listing $200.00 $500.00 JUNE TexasTravel.com Red, Hot Blue listing $200.00 $500.00 JUNE TravelTexas.com Red, Hot Blue listing $200.00 $500.00 JUNE Upcoming Yahoo Red, Hot Blue listing $200.00 $500.00 JUNE Texas Highways Magazine Red, Hot & Blue Listing 1/12 page $305.00 $305.00 $762.50 JUNE PaperCityMagazine Tesar's mentioned 1/9 page $600.00 $600.00 $1,500.00 JUNE Smart Magazine The Woodlands Featured 1/6 page $925.00 $925.00 $2,312.50 JUNE Status Magazine (Mexico) The Woodlands Featured $200.00 $200.00 $500.00 JUNE MPG Magazine The Woodlands Resort mention 1/12 Page $875.00 $875.00 $2,187.50 JUNE The WoodlandsCVB.com RHB Sponsors $200.00 $200.00 $500.00 JUNE Woodlands Houston Concierge Newsletter The Woodlands Featured $200.00 $200.00 $500.00 JUNE Smart Meetings.com The Woodlands mentioned $200.00 $200.00 $500.00 JUNE The Woodlands Township Waterway Nights $200.00 $200.00 $500.00 JUNE The Woodlands Chamber Online Red, Hot & Blue Listing $200.00 $200.00 $500.00 JUNE Woodlands Free.com Red, Hot & Blue Listing $200.00 $200.00 $500.00 JUNE WoodlandsTexas.com Red, Hot & Blue Listing $200.00 $200.00 $500.00 JUNE GHCVB Facebook Red, Hot & Blue Listing $200.00 $200.00 $500.00 JUNE The Woodlands E-Neighbor Waterway Nights $200.00 $200.00 $200.00 JUNE The Woodlands E-Neighbor Firecracker Essay Contest $200.00 $200.00 $500.00 JUNE The Woodlands E-Neighbor Red, Hot & Blue Listing $200.00 $200.00 $500.00 JUNE The Woodlands E-Neighbor Red, Hot & Blue Listing $200.00 $200.00 $500.00 JUNE The Woodlands E-Neighbor Red, Hot & Blue Listing $200.00 $200.00 $500.00 JUNE The Woodlands E-Neighbor RHB Sponsors $200.00 $200.00 $500.00 JUNE The Woodlands Lifestyles and Homes Waterway Nights 1/6 page $525.00 $525.00 $1,312.50 JUNE The Woodlands Villager Online Waterway Nights $200.00 $200.00 $500.00 JUNE The Woodlands CVB.com Waterway Nights $200.00 $200.00 $500.00 JUNE The Woodlands Online Red, Hot & Blue Listing $200.00 $200.00 $500.00 JUNE The Woodlands Township RHB Parking $200.00 $200.00 $500.00 JUNE The Woodlands Resort BLOG The Woodlands highlights $200.00 $200.00 $500.00 JUNE TheWoodlandsTX.com Waterway Nights $200.00 $200.00 $500.00 JUNE The Woodlands Online Movie Nights (Fall Season line-up) $200.00 $200.00 $500.00 JUNE Gish Picks The Woodlands Resort mentioned $200.00 $200.00 $500.00 06-10-10 Houston Chronicle (Preview) Trolleys 2 $269.00 $538.00 $1,345.00 06-17-10 Houston Chronicle (Preview) Wine Week at Market Street 2 $269.00 $538.00 $1,345.00 06-17-10 Houston Chronicle (Preview) Trolleys 2 $269.00 $538.00 $1,345.00 06-17-10 Houston Chronicle (Preview) Norton Ditto featured 18 $269.00 $4,842.00 $12,105.00 06-19-10 The Conroe Courier AVIA Mentioned 18 $22.24 $400.32 $1,000.80 JUNE The Woodlands Family Magazine The Woodlands Feature 2 pages $1,050.00 $1,050.00 $2,625.00 06-24-10 The Woodlands Villager Little Firecracker Contest 60 $22.24 $1,334.40 $3,336.00 06-24-10 The Woodlands Villager Fourth of July Parade and RHB 36 $22.24 $800.64 $2,001.60 06-24-10 The Woodlands Villager Red, Hot & Blue Photos 30 $22.24 $667.20 $1,668.00 06-24-10 The Woodlands Villager Red, Hot & Blue Article 60 $22.24 $1,334.40 $3,336.00 06-24-10 The Woodlands Villager July fourth celebrations 8 $22.24 $177.92 $444.80 06-24-10 The Conroe Courier Iron Man 12 $22.24 $266.88 $667.20 06-25-10 The Conroe Courier Wine Week at Market Street 4 $22.24 $88.96 $222.40 06-25-10 Houston Business Journal Iron Man 24 $107.00 $2,568.00 $6,420.00 06-25-10 Houston Business Journal Tiffany's Opens in MSW 28 $107.00 $2,996.00 $7,490.00 06-27-10 The Conroe Courier Patriotic Songs 8 $22.24 $177.92 $444.80 06-27-10 The Woodlands Villager Red, Hot & Blue Article 12 $22.24 $266.88 $667.20 06-28-10 The Woodlands Resort BLOG Tiffany's Opens in MSW N/A $200.00 $200.00 $500.00 06-30-10 Greater Houston Weekly Red, Hot & Blue Listing 3 $160.00 $480.00 $1,200.00 JULY TheWoodlandsEvents.com Red, Hot & Blue Article $200.00 $200.00 $500.00 JULY TheWoodlandsFamilyMagazine.com Red, Hot & Blue Listing $200.00 $200.00 $500.00 JULY The Woodlands E-Neighbor Red, Hot & Blue Article $200.00 $200.00 $500.00 JULY Houston Press Red, Hot & Blue Listing $200.00 $200.00 $500.00 JULY AldineNewsletter.com Red, Hot & Blue mention $200.00 $200.00 $500.00 JULY FairsAndFun.com Red, Hot & Blue Listing $200.00 $200.00 $500.00 JULY TheWoodlandsEvents.com Red, Hot & Blue Article $200.00 $200.00 $500.00 07-01-10 VisitHoustonTexas.com Red, Hot & Blue Listing $200.00 $200.00 $500.00 07-01-10 FOXBusiness.com Red, Hot & Blue mention $200.00 $200.00 $500.00 07-01-10 UltimateSpring.com Red, Hot & Blue Article $200.00 $200.00 $500.00 07-01-10 click2Houston.com (KPRC - ch.2) Red, Hot & Blue mention $200.00 $200.00 $500.00 07-01-10 AssignmentHouston.com Red, Hot & Blue mention $200.00 $200.00 $500.00 93 07-02-10 The Woodlands Online Red, Hot & Blue mention $200.00 $200.00 $500.00 07-02-10 UltimateWoodlands.com Red, Hot & Blue Article $200.00 $200.00 $500.00 07-02-10 KHOU.com - Channel 11 RHB mentioned $200.00 $200.00 $500.00 07-02-10 abc13.com - Channel 13 (KTRK) Red, Hot & Blue mention $200.00 $200.00 $500.00 07-02-10 Houston On The Cheap Red, Hot & Blue Listing $200.00 $200.00 $500.00 07-04-10 TheWoodlandsEvents.com Red, Hot & Blue mention $200.00 $200.00 $500.00 07-04-10 ABC13.com Red, Hot & Blue mention $200.00 $200.00 $500.00 07-05-10 The Conroe Courier Red, Hot & Blue photo/article $200.00 $200.00 $500.00 07-05-10 UltimateConroe.com RHB/Firecracker Essay $200.00 $200.00 $500.00 07-05-10 The Woodlands Online Fireworks Extravaganza RHB $200.00 $200.00 $500.00 07-09-10 The Woodlands Online Firecracker Winners Contest $200.00 $200.00 $500.00 JULY TheWoodlandsFamilyMagazine.com Red, Hot & Blue Listing $200.00 $200.00 $500.00 JULY The Woodlands E-Neighbor Red, Hot & Blue Article $200.00 $200.00 $500.00 JULY The Woodlands Lifestyles & Homes Mag Red, Hot & Blue mention 1/6 page $525.00 $525.00 $1,312.50 JULY Texas Highways Magazine Red, Hot & Blue Listing 1/12 page $305.00 $305.00 $762.50 JULY Houston Family Magazine Red, Hot & Blue Listing 1/2 page $425.00 $425.00 $1,062.50 07-01-10 The Woodlands Villager Patriotic Songs/RHB 4 $22.24 $88.96 $222.40 07-01-10 Houston Chronicle PREVIEW Red, Hot & Blue Listing 2 $269.00 $538.00 $1,345.00 07-02-10 The Conroe Courier (TICKET) Pavilion Star Spangle/RHB 4 $22.24 $88.96 $222.40 07-02-10 The Conroe Courier (TICKET) Red, Hot & Blue Article 42 $22.24 $934.08 $2,335.20 07-03-10 Houston Chronicle (FRONT PAGE) Red, Hot & Blue Listing 3 $269.00 $807.00 $2,017.50 07-04-10 Houston Chronicle This Week Red, Hot & Blue Listing 3 $37.00 $111.00 $277.50 07-04-10 Houston Chronicle This Week RHB Food Drive 3 $37.00 $111.00 $277.50 07-04-10 The Conroe Courier Fourth of July Parade, RHB 20 $22.24 $444.80 $1,112.00 07-05-10 The Conroe Courier Red, Hot & Blue photo/article 136 $22.24 $3,024.64 $7,561.60 07-08-10 The Woodlands Villager Red, Hot & Blue photo/article 90 $22.24 $2,001.60 $5,004.00 07-08-10 The Woodlands Villager Iron Man Competition 20 $22.24 $444.80 $1,112.00 07-12-10 The Conroe Courier Marriott Waterway Renovation 24 $22.24 $533.76 $1,334.40 07-15-10 The Woodlands Villager Marriott Waterway Renovation 24 $22.24 $533.76 $1,334.40 07-16-10 The Conroe Courier RHB Food Drive 15 $22.24 $333.60 $834.00 07-14-10 The Conroe Courier Firecracker Winners Contest 9 $22.24 $200.16 $500.40 07-15-10 The Woodlands Villager July Fourth Parade/RHB mention 27 $22.24 $600.48 $1,501.20 07-22-10 The Woodlands Villager Mall Named Premiere Shopping 4 $22.24 $88.96 $222.40 07-21-10 Greater Houston Weekly Children's Museum Opens 24 $160.00 $3,840.00 $9,600.00 07-21-10 The Conroe Courier Water Taxis 36 $22.24 $800.64 $2,001.60 07-29-10 The Woodlands Villager Woodlands Mall Named Top Establish. 18 $22.24 $400.32 $1,000.80 07-02-10 (CBS) KHOU - Channel 11 6 am - 7 am Red, Hot & Blue mention 15 sec $500 per 30 sec $500.00 $1,250.00 07-02-10 (NBC) KPRC - Channel 2 11 am - 12 pm Red, Hot & Blue mention 50 sec $850 per 30 sec $1,650.00 $4,125.00 AUGUST The Woodlands E-Neighbor Travel & Leisure Nomination $200.00 $200.00 $500.00 AUGUST The Woodlands E-Neighbor Travel & Leisure Nomination $200.00 $200.00 $500.00 AUGUST The Woodlands E-Neighbor Waterway Nights $200.00 $200.00 $500.00 AUGUST The Woodlands E-Neighbor Waterway Nights $200.00 $200.00 $500.00 AUGUST The Woodlands E-Neighbor Live at Night/Trick or Treat Trail $200.00 $200.00 $500.00 AUGUST The Woodlands E-Neighbor Caroling In the Square $200.00 $200.00 $500.00 AUGUST The Woodlands Events Waterway Nights $200.00 $200.00 $500.00 AUGUST The Woodlands Events Oktoberfest $200.00 $200.00 $500.00 AUGUST The Woodlands Online Waterway Nights $200.00 $200.00 $500.00 AUGUST The Woodlands Online Live at Night/Trick or Treat Trail $200.00 $200.00 $500.00 AUGUST The Woodlands Online Caroling In the Square $200.00 $200.00 $500.00 AUGUST The Woodlands Online Waterway Nights $200.00 $200.00 $500.00 AUGUST Houston Press BLOG Music in The Woodlands $200.00 $200.00 $500.00 AUGUST Houston Press BLOG Music in The Woodlands $200.00 $200.00 $500.00 AUGUST The Woodlands New Homes Blog Labor Day Concert $200.00 $200.00 $500.00 August The Woodlands Lifestyles & Homes Light the Night at MSW 1/6 page $525.00 $525.00 $1,312.50 AUGUST The Woodlands E-Neighbor Summer Nights Waterway Lights $200.00 $200.00 $500.00 AUGUST GGP (Mexico publication) The Woodlands $200.00 $200.00 $500.00 AUGUST KHOU.com Summers in The Woodlands $200.00 $200.00 $500.00 AUGUST Builder Magazine The Woodlands $200.00 $200.00 $500.00 AUGUST MPG Magazine The Woodlands Resort mentioned 1/12 page $200.00 $200.00 $500.00 MAY Invetour (Latin Publication) The Woodlands $200.00 $200.00 $500.00 06-29-10 Ultimate Woodlands Discovery Guides $200.00 $0.00 $0.00 06-30-10 Houston Press Newsletter RHB Listing $200.00 $200.00 $500.00 07-22-10 Houston Chronicle Preview Tesar's mentioned 3 $269.00 $807.00 $2,017.50 07-23-10 The Woodlands Online Waterway Nights $200.00 $200.00 $500.00 08-03-10 GGP (Mexico publication) The Woodlands $200.00 $200.00 $500.00 08-04-10 Ultimate Woodlands Oktoberfest $200.00 $200.00 $500.00 08-05-10 Houston Chronicle Preview The Trolleys 3 $269.00 $807.00 $2,017.50 94 08-05-10 The Woodlands Villager Restaurants in The Woodlands 20 $22.24 $444.80 $1,112.00 08-05-10 Houston On the Cheap PB & Jamm at MSW $200.00 $200.00 $500.00 08-05-10 The Woodlands Villager Oktoberfest 20 $22.24 $444.80 $1,112.00 08-05-10 The Woodlands Villager The Woodlands Resort Award 4 $22.24 $88.96 $222.40 08-06-10 CultureMap.com The Woodlands Nomination $200.00 $200.00 $500.00 08-12-10 Houston Chronicle Business Forever21 Opens in The Woodlands 6 $269.00 $1,614.00 $4,035.00 08-12-10 The Woodlands Villager Technology in The Woodlands 16 $22.24 $355.84 $889.60 08-12-10 Click2Houston.com (KPRC) The Woodlands Nomination $200.00 $200.00 $500.00 08-13-10 Houston Business Journal Forever21 Opens in The Woodlands 4 $107.00 $428.00 $1,070.00 08-13-10 Houston Business Journal The Woodlands Resort mentioned 2 $107.00 $214.00 $535.00 08-16-10 Houston Chronicle Business Couture Lounge Opens at MSW 3 $269.00 $807.00 $2,017.50 08-22-10 Houston Chronicle Bazaar Listing Children's Festival 20 $269.00 $5,380.00 $13,450.00 08-22-10 Houston Chronicle Bazaar Listing Holiday Events in The Woodlands 48 $269.00 $12,912.00 $32,280.00 08-22-10 Houston Chronicle Bazaar Listing Oktoberfest 4 $269.00 $1,076.00 $2,690.00 08-25-10 The Woodlands Villager Hubbell & Hudson 50 $22.24 $1,112.00 $2,780.00 08-25-10 The Paper Magazine.com Live at Night Series $200.00 $200.00 $500.00 08-25-10 The Woodlands Online Live at Night Series $200.00 $200.00 $500.00 08-25-10 The Woodlands Online Riva Row Canine Vests $200.00 $200.00 $500.00 08-25-10 The Woodlands Online Labor Daddy Concerts $200.00 $200.00 $500.00 08-26-10 Houston Chronicle (29-95) Green Dining in The Woodlands 60 $269.00 $16,140.00 $40,350.00 08-27-10 The Conroe Courier (TICKET) Live at Night Series 20 $22.24 $444.80 $1,112.00 08-30-10 The Woodlands Online Labor Day Concerts $200.00 $200.00 $500.00 08-31-10 The Woodlands Online Travel & Leisure Nomination $200.00 $200.00 08-31-10 CultureMap.com Travel & Leisure Nomination $200.00 $200.00 $500.00 08-31-10 The Paper Magazine.com Travel & Leisure Nomination $200.00 $200.00 $500.00 08-31-10 Associated Content Travel & Leisure Nomination $200.00 $200.00 $500.00 09-01-10 Ultimate Woodlands Labor Day Concert $200.00 $200.00 $500.00 09-01-01 The Conroe Courier Trick or Treat Trail 3 $22.24 $66.72 $166.80 09-01-10 The Woodlands Online - Trick-o-Treat Trail Trick or Treat Trails $200.00 $200.00 $500.00 09-02-10 The Woodlands Villager Online - Labor Day Concert Labor Day Concerts $200.00 $200.00 $500.00 09-03-10 The Conroe Courier (Ticket) - iWOW iWOW 3 $22.24 $66.72 $166.80 09-03-10 The Woodlands Online - Labor Day Concert at Waterway Square Labor Day Concerts $200.00 $200.00 $500.00 09-03-10 The Conroe Courier - Labor Day Concert at Waterway Square Labor Day Concert 4 $22.24 $88.96 $222.40 09-03-10 The Woodlands Online - Oktoberfest in Town Green Park Oktoberfest $200.00 $200.00 $500.00 09-05-10 The Conroe Courier - The Woodlands Named Coolest Suburb Coolest Suburb 35 $22.24 $778.40 $1,946.00 09-08-10 The Woodlands Online - Live a Night Live at Night $200.00 $200.00 $500.00 09-08-10 The Woodlands Online - Oktoberfest Oktoberfest $200.00 $200.00 $500.00 09-08-10 The Associated Content - Oktoberfest Oktoberfest $200.00 $200.00 $500.00 09-09-10 The Conroe Courier - Trick-or-Treat Trail Trick or Treat Trails 3 $22.24 $66.72 $166.80 09-09-10 The Conroe Courier - Oktoberfest Oktoberfest 20 $22.24 $444.80 $1,112.00 09-09-10 Ultimate Woodlands - Billboard campaign Billboard Campaign $200.00 $200.00 $500.00 09-09-10 The Woodlands Villager - The Woodlands Named Coolest Suburb Coolest Suburb 12 $22.24 $266.88 $667.20 09-10-10 Houston Business Journal - The Woodlands mentioned on tenant growth The Woodlands tenant growth $200.00 $200.00 $500.00 09-13-10 The Associated Content - Oktoberfest Oktoberfest $200.00 $200.00 $500.00 09-14-10 UltimateWoodlands.com - Oktoberfest Oktoberfest $200.00 $200.00 $500.00 09-16-10 The Conroe Courier - Live at Night Live at Night 16 $22.24 $355.84 $889.60 09-16-10 The Woodlands Villager - Iron Man Iron Man 3 $22.24 $66.72 $166.80 09-16-10 The Woodlands Villager - Oktoberfest Oktoberfest 20 $22.24 $444.80 $1,112.00 09-16-10 The Woodlands Villager - Sales Tax sales Sales Tax Sales $200.00 $200.00 $500.00 09-16-10 29-95.com - Dining in The Woodlands Dining in The Woodlands $269.00 $200.00 $500.00 09-16-10 Houston Chronicle (print edition) - Dining in The Woodlands Dining in The Woodlands 144 $269.00 $38,736.00 $96,840.00 09-17-10 The Woodlands Online - Oktoberfest Oktoberfest $200.00 $200.00 $500.00 09-18-10 The Woodlands Villager online - Oktoberfest Oktoberfest $200.00 $200.00 $500.00 09-18-10 Venezuela - Canal Plus Noticias - Hotels in The Woodlands Hotels in The Woodlands $200.00 $200.00 $500.00 09-19-10 Columbia - El Mundo al Instant - Luxurious lodging in The Woodlands Lodging in The Woodlands $200.00 $200.00 $500.00 09-19-10 Argentina - Host News - Luxurious lodging in The Woodlands Luxury Lodging in The Woodlands $200.00 $200.00 $500.00 09-19-10 Venezuela Turistica - The Woodlands Resort mention The Woodlands Resort $200.00 $200.00 $500.00 09-22-10 Argentina - Turismo 530 Luxurious lodging in The Woodlands Luxury Lodging $200.00 $200.00 $500.00 09-23-10 Argentina - Giganet - Luxurious lodging in The Woodlands Luxury Lodging $200.00 $200.00 $500.00 09-23-10 Houston Examiner - Oktoberfest Oktoberfest $200.00 $200.00 $500.00 09-24-10 Peru - Press Peru - Luxurious lodging in The Woodlands Luxury Lodging $200.00 $200.00 $500.00 09-24-10 The Paper Magazine.com Oktoberfest $200.00 $200.00 $500.00 SEPTEMBER Houston Chronicle (29-95) Oktoberfest $200.00 $200.00 $500.00 SEPTEMBER KILT.com Oktoberfest $200.00 $200.00 $500.00 SEPTEMBER KPRC Online Travel & Leisure Nomination $200.00 $200.00 $500.00 SEPTEMBER Yahoo Travel Travel & Leisure Nomination $200.00 $200.00 $500.00 SEPTEMBER Upcoming Yahoo Oktoberfest $200.00 $200.00 $500.00 95 SEPTEMBER Houston Press Oktoberfest $200.00 $200.00 $500.00 SEPTEMBER Houston On the Cheap Oktoberfest $200.00 $200.00 $500.00 SEPTEMBER The Woodlands Township Labor Day Concert $200.00 $200.00 $500.00 SEPTEMBER The Paper Magazine Labor Day Concerts $200.00 $200.00 $500.00 SEPTEMBER The Woodlands Online Labor Day Concert $200.00 $200.00 $500.00 SEPTEMBER The Woodlands Resort Blog Labor Day Concert $200.00 $200.00 $500.00 SEPTEMBER The Woodlands Texas Online Labor Day Concert $200.00 $200.00 $500.00 SEPTEMBER The Woodlands Chamber Labor Day Concert $200.00 $200.00 $500.00 SEPTEMBER Review It Magazine - Live at Night Concerts Live at Night 1/6 page $600.00 $600.00 $1,500.00 SEPTEMBER Review It Magazine - Oktoberfest Oktoberfest $200.00 $200.00 $500.00 SEPTEMBER The Woodlands Lifestyles & Homes - Filming in The Woodlands Filming in The Woodlands $200.00 $200.00 $500.00 SEPTEMBER The Woodlands Lifestyles & Homes - Oktoberfest Sponsorship Oktoberfest Sponsorship $200.00 $200.00 $500.00 SEPTEMBER Rice University Newsletter - Happenings in The Woodlands Happenings in The Woodlands $200.00 $200.00 $500.00 SEPTEMBER KHOU (Channel 11 CBS) 5am news - (8-13-10) Travel & Leisure Nomination 49 sec $750 (per 30 sec) $800.00 $2,000.00 SEPTEMBER KHOU (Channel 11 CBS- 6am news - (8-13-10) Travel & Leisure Nomination 18 sec $950 (per 30 sec) $475.00 $1,187.50 SEPTEMBER KPRC (Channel 2 NBC) 5 pm news - (8-13-10) Travel & Leisure Nomination 17 sec $1000 (per 30 sec) $500.00 $1,250.00 SEPTEMBER Indian Springs Guy Blog/Newsletter - Trick-or -Treat Trail Trick or Treat Trails $200.00 $200.00 $500.00 SEPTEMBER Indian Springs Guy Blog/Newsletter - The Woodlands Waterway The Woodlands Waterway $200.00 $200.00 $500.00 SEPTEMBER Indian Springs Guy Blog/Newsletter - Riva Row Boathouse Riva Row Boathouse $200.00 $200.00 $500.00 SEPTEMBER Indian Springs Guy Blog/Newsletter - Oktoberfest and Town Green Park event Oktoberfest $200.00 $200.00 $500.00 SEPTEMBER Market Street's Facebook Page - Oktoberfest comments Oktoberfest $200.00 $200.00 $500.00 SEPTEMBER BrandCandid.com (Blog) - Oktoberfest in The Woodlands Oktoberfest $200.00 $200.00 $500.00 SEPTEMBER Activain.com (blog) - Oktoberfest Oktoberfest $200.00 $200.00 $500.00 OCTOBER Milenio (Latin America publication - The Woodlands featured The Woodlands featured $200.00 $200.00 $500.00 OCTOBER KHOU.com - Oktoberfest Oktoberfest $200.00 $200.00 $500.00 OCTOBER FamilyFunHouston.com - Trick or Treat Trail Trick or Treat $200.00 $200.00 $500.00 OCTOBER HAR.com (Spring/The Woodlands edition) - LOTD/iWOW LOTD/iWOW $200.00 $200.00 $500.00 OCTOBER HAR.com (Spring/The Woodlands edition) - LOTD/iWOW LOTD/iWOW $200.00 $200.00 $500.00 OCTOBER HAR.com (Spring/The Woodlands edition) - LOTD/iWOW Oktoberfest $200.00 $200.00 $500.00 OCTOBER Houston Examiner - Oktoberfest Oktoberfest $200.00 $200.00 $500.00 OCTOBER Festivals.com - iWOW iWOW $200.00 $200.00 $500.00 OCTOBER Festivals.com - LOTD LOTD $200.00 $200.00 $500.00 OCTOBER HoustonOnTheCheap - Oktoberfest Oktoberfest $200.00 $200.00 $500.00 OCTOBER Houston Press Newsletter - Oktoberfest Oktoberfest $200.00 $200.00 $500.00 OCTOBER The Woodlands Lifestyles & Homes Magazine - Trick or Treat Trail Trick or Treat Trails $200.00 $200.00 $500.00 OCTOBER The Woodlands Lifestyles & Homes - iWOW performers needed iWOW $200.00 $200.00 $500.00 OCTOBER Review It Magazine - Trick or Treat Trail Trick or Treat Trails 1/6 page $600.00 $600.00 $1,500.00 OCTOBER Review It Magazine - Oktoberfest Oktoberfest 1/6 page $600.00 $600.00 $1,500.00 OCTOBER Review It Magazine - Movie Night at Waterway Square Movie Nights (Fall Season line-up) 1/6 page $600.00 $600.00 $1,500.00 OCTOBER Review It Magazine - Holiday Events in The Woodlands Holiday Events in The Woodlands 1/6 page $600.00 $600.00 $1,500.00 OCTOBER Texas Highways Online - Holiday Festivals in The Woodlands Holiday Events in The Woodlands $200.00 $200.00 $500.00 OCTOBER Houston Chronicle Events Calendar - Holiday Events in The Woodlands Holiday Events in The Woodlands $200.00 $200.00 $500.00 OCTOBER GoTexas.About.Com - The Woodlands Ice Rink The Ice Rink $200.00 $200.00 $500.00 OCTOBER ThePaperMagazine.com - iWOW Performers Needed iWOW $200.00 $200.00 $500.00 OCTOBER Upcoming Yahoo - LOTD and holiday events in The Woodlands LOTD $200.00 $200.00 $500.00 OCTOBER The Woodlands Online - iWOW Performers Needed iWOW $200.00 $200.00 $500.00 OCTOBER The Woodlands Chamber - LOTD/iWOW LOTD/iWOW $200.00 $200.00 $500.00 OCTOBER The Woodlands E-Neighbor - LOTD LOTD $200.00 $200.00 $500.00 OCTOBER Local.com - LOTD/iWOW LOTD/iWOW $200.00 $200.00 $500.00 OCTOBER Eventful.com - LOTD/iWOW LOTD/iWOW $200.00 $200.00 $500.00 OCTOBER Travel.Yahoo.com - Travel + Leisure Nomination Travel & Leisure Nomination $200.00 $200.00 $500.00 OCTOBER Meet-Ups.com Holiday Events in The Woodlands $200.00 $200.00 $500.00 OCTOBER JillWente.com (blog) Holiday Events in The Woodlands $200.00 $200.00 $500.00 OCTOBER Activerains.com (blog) Trick or Treat Trail $200.00 $200.00 $500.00 OCTOBER HAR.com (blog) Trick or Treat Trail $200.00 $200.00 $500.00 OCTOBER HAR.com (blog) Oktoberfest $200.00 $200.00 $500.00 OCTOBER HAR.com (blog) Movie Night $200.00 $200.00 $500.00 OCTOBER Houston.MomsLikeMe.com (blog) Trick or Treat Trail comment $200.00 $200.00 $500.00 OCTOBER DealFinder.com(blog) Trick or Treat Trail $200.00 $200.00 $500.00 OCTOBER DealFinder.com(blog) Movie Night comment $200.00 $200.00 $500.00 JUNE: FOX26News.com Iron Man in The Woodlands for 2011 $200.00 $200.00 $500.00 AUGUST: Living Magazine Waterway Nights 1/6 page $600.00 $600.00 $1,500.00 09-23-10 The Villager Oktoberfest 18 $22.24 $400.32 $1,000.80 09-21-10 Ultimate Woodlands Top Hotel Revenue $200.00 $200.00 $500.00 09-24-10 The Conroe Courier Live at Night 4 $22.24 $88.96 $222.40 10-04-10 Review It Fall Guide Events in The Woodlands $200.00 $200.00 $500.00 10-06-10 The Woodlands Villager Online Trick or Treat Trail $200.00 $200.00 $500.00 96 10-06-10 Ultimate Woodlands Trick or Treat Trail $200.00 $200.00 $500.00 10-08-10 The Conroe Courier Trick or Treat 16 $22.24 $355.84 $889.60 10-07-10 Houston Chronicle (29-95) Ten for Ten 3 $269.00 $807.00 $2,017.50 10-08-10 The Woodlands Online Trick or Treat Trail $200.00 $200.00 $500.00 10-08-10 The Woodlands Online Trick or Treat Trail $200.00 $200.00 $500.00 10-10-10 The Woodlands Texas Trick or Treat Trail $200.00 $200.00 $500.00 10-11-10 The Woodlands Online Trick or Treat Trail $200.00 $200.00 $500.00 10-12-10 Houston On the Cheap Concerts at MSW $200.00 $200.00 $500.00 10-13-10 Houston Chronicle (City/State) Lake Woodlands Photo (front page) 3 $269.00 $807.00 $2,017.50 10-14-10 The Woodlands Online Movie Night $200.00 $200.00 $500.00 10-14-10 The Woodlands Villager Movie Night $200.00 $200.00 $500.00 10-14-10 The Woodlands Villager Trick or Treat Trail 56 $22.24 $1,245.44 $3,113.60 10-14-10 Review It Newsletter Live at Night Wrap-Up $200.00 $200.00 $500.00 10-18-10 Houston Chronicle Business Crimson Services 3 $269.00 $807.00 $2,017.50 10-19-10 Houston Chronicle Front Page Administaff Golf Tournament photo 3 $269.00 $807.00 $2,017.50 10-21-10 The Woodlands Villager Movie Nights at Waterway Square 15 $22.24 $333.60 $834.00 10-23-10 The Villager Children's Festival 20 $22.24 $444.80 $1,112.00 10-24-10 Houston Chronicle Dining Section Dining in The Woodlands 60 $269.00 $16,140.00 $40,350.00 10-24-10 Houston Chronicle Business New Business in The Woodlands 36 $269.00 $9,684.00 $24,210.00 10-29-10 The Conroe Courier Holiday Food Drive 10 $22.24 $222.40 $556.00 10-30-10 ESPN Outdoor Radio Show Interview with Nick Wolda $200.00 $200.00 $500.00 11-04-10 The Woodlands Villager Water Taxis 6 $22.24 $133.44 $333.60 11-04-10 The Woodlands Villager Donoho's Sponsorship 12 $22.24 $266.88 $667.20 11-07-10 The Conroe Courier LOTD and holiday events 12 $22.24 $266.88 $667.20 11-07-10 Houston Chronicle This Week Movie Night 2 $37.00 $74.00 $185.00 11-07-10 Houston Chronicle This Week Children's Festival 2 $37.00 $74.00 $185.00 11-08-10 The Woodlands Online The Ice Rink $200.00 $200.00 $500.00 11-09-10 The Woodlands Online LOTD and holiday events $200.00 $200.00 $500.00 11-09-10 Examiner.com (Houston) LOTD and holiday events $200.00 $200.00 $500.00 11-09-10 Associated Content(Houston) LOTD and holiday events $200.00 $200.00 $500.00 11-09-10 The Paper Magazine Holiday Events in The Woodlands $200.00 $200.00 $500.00 11-10-10 Greater Houston Weekly Children's Festival 30 $160.00 $4,800.00 $12,000.00 11-11-10 The Conroe Courier Ice Rink 6 $22.24 $133.44 $333.60 11-11-10 The Woodlands Villager Touring The Woodlands 24 $22.24 $533.76 $1,334.40 11-11-10 The Woodlands Villager LOTD and holiday events 20 $22.24 $444.80 $1,112.00 11-11-10 The Woodlands Villager Children's Festival 6 $22.24 $133.44 $333.60 11-11-10 The Woodlands Villager Holiday Events in The Woodlands 3 $22.24 $66.72 $166.80 11-11-10 The Woodlands Villager Holiday Events in The Woodlands 3 $22.24 $66.72 $166.80 11-11-10 The Woodlands Villager Iron Man Competition 25 $22.24 $556.00 $1,390.00 11-12-10 The Conroe Courier Children's Festival 16 $22.24 $355.84 $889.60 11-12-10 Ultimate Woodlands Holiday Events in The Woodlands $200.00 $200.00 $500.00 11-14-10 Houston Chronicle This Week LOTD and holiday events 2 $37.00 $74.00 $185.00 11-14-10 Houston Chronicle This Week iWOW and Holiday Events 2 $37.00 $74.00 $185.00 11-14-10 Houston Chronicle This Week MSW Tree Lighter 14 $37.00 $518.00 $1,295.00 11-14-10 Houston Chronicle This Week The Ice Rink 2 $37.00 $74.00 $185.00 11-14-10 Houston Chronicle This Week The Children's Festival 36 $37.00 $1,332.00 $3,330.00 11-14-10 Houston Chronicle This Week The Children's Festival 2 $37.00 $74.00 $185.00 11-14-10 Houston Chronicle This Week The Ice Rink 2 $37.00 $74.00 $185.00 11-17-10 The Conroe Courier Holiday Events in The Woodlands 42 $22.24 $934.08 $2,335.20 11-17-10 The Conroe Courier Holiday Food Drive 6 $22.24 $133.44 $333.60 11-18-10 Houston Chronicle (29-95) Holiday Events in The Woodlands 6 $269.00 $1,614.00 $4,035.00 11-18-10 Houston On The Cheap LOTD and holiday events $200.00 $0.00 $0.00 11-18-10 Examiner.com (Houston) LOTD and holiday events $200.00 $200.00 $500.00 11-18-10 Houston Chronicle This Week The Ice Rink 20 $37.00 $740.00 $1,850.00 11-18-10 Houston Chronicle This Week Water Taxis 7 $37.00 $259.00 $647.50 11-18-10 The Woodlands Villager Holiday Events in The Woodlands 60 $22.24 $1,334.40 $3,336.00 11-19-10 The Paper Magazine Holiday Events in The Woodlands $200.00 $200.00 $500.00 11-19-10 The Woodlands Villager Holiday Events in The Woodlands 20 $22.24 $444.80 $1,112.00 11-19-10 The Conroe Courier Holiday Events in The Woodlands 24 $22.24 $533.76 $1,334.40 11-19-10 The Conroe Courier Ice Rink 2 $22.24 $44.48 $111.20 11-19-10 The Woodlands Online Holiday Events in The Woodlands $200.00 $200.00 $500.00 11-19-10 Topixx.com LOTD and holiday events $200.00 $200.00 $500.00 11-19-10 KPRC Channel 2 LOTD and holiday events $500.00 $500.00 $1,250.00 11-21-10 The Conroe Courier Ice Rink and Winter Wonderland 12 $22.24 $266.88 $667.20 11-21-10 The Conroe Courier Holiday Events in The Woodlands 28 $22.24 $622.72 $1,556.80 11-22-10 The Woodlands Online LOTD and holiday events $200.00 $200.00 $500.00 11-22-10 The Woodlands Online Holiday Events in The Woodlands $200.00 $200.00 $500.00 97 11-24-10 Houston Chronicle (29-95) Ice Rink 2 $269.00 $538.00 $1,345.00 11-23-10 Houston Chronicle (29-95) - Online Holiday Events in The Woodlands $200.00 $200.00 $500.00 11-24-10 Greater Houston Weekly Holiday Shopping 1 $160.00 $160.00 $400.00 11-25-10 The Conroe Courier Winter Wonderland 3 $22.24 $66.72 $166.80 11-25-10 The Woodlands Villager Ice Rink Toy Drive 12 $22.24 $266.88 $667.20 11-25-10 The Woodlands Villager Winter Wonderland 2 $22.24 $44.48 $111.20 11-25-10 The Woodlands Villager Holiday Events in The Woodlands 36 $22.24 $800.64 $2,001.60 11-25-10 The Woodlands Villager The Ice Rink 12 $22.24 $266.88 $667.20 11-25-10 The Conroe Courier Holiday Food Drive 8 $22.24 $177.92 $444.80 11-25-10 The Woodlands Villager Holiday Events in The Woodlands 3 $22.24 $66.72 $166.80 11-25-10 The Conroe Courier The Ice Rink 3 $22.24 $66.72 $166.80 11-25-10 The Woodlands Villager The Ice Rink Toy Drive 12 $22.24 $266.88 $667.20 11-25-10 Houston Chronicle This Week The Ice Rink 64 $37.00 $2,368.00 $5,920.00 11-30-10 Houston Business Journal - Online Hubbell & Hudson $200.00 $200.00 $500.00 11-30-10 The Woodlands Online Hubbell & Hudson $200.00 $200.00 $500.00 11-30-10 Houston Chronicle The Pavilion Ranking 6 $269.00 $1,614.00 $4,035.00 NOVEMBER Boy de Viaje (BLOG) The Woodlands featured $200.00 $200.00 $500.00 NOVEMBER Castlegreen (BLOG) LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER ExperienceTheWoodlands.com (BLOG) LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER HAR.com (BLOG) LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER MyLittleSonShine.com (BLOG) LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER TheWoodlandsEvents (BLOG/COMMENTS) LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER The Woodlands Real Estate (BLOG) LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER The Woodlands Resort (BLOG) LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER BrandCandid (BLOG) LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER Sunny 99.1 LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER Discover Our Festivals LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER Hispanic Chamber iWOW and Holiday Events $200.00 $200.00 $500.00 NOVEMBER Eventful.com LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER About.Com (Houston) LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER Local.com LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER SugarlandLocal.com LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER The Woodlands Events LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER ArtsHounds.com LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER CultureMob.com LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER The Woodlands Online LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER Texas Highways Magazine The Children's Festival 1/6 page $1,830.00 $1,830.00 $4,575.00 NOVEMBER Texas Journeys Magazine The Children's Festival 1/6 page $1,248.00 $1,248.00 $3,120.00 NOVEMBER Living Magazine iWOW and Holiday Events 1/6 page $500.00 $500.00 $1,250.00 NOVEMBER Beaumont Examiner - Online LOTD and holiday events $200.00 $200.00 $500.00 NOVEMBER Prime Magazine Tiffany & Co. Opening 1/6 page $1,450.00 $1,450.00 $3,625.00 NOVEMBER Houston Modern Luxury Magazine Luxury Shopping in The Woodlands 3 pages $9,800 per page $29,400.00 $73,500.00 NOVEMBER Texas Highways Magazine Pavilion Events 1/6 page $1,830.00 $1,830.00 $4,575.00 DECEMBER The Woodlands Lifestyles & Homes Magazine The Woodlands Resort 1/6 page $595.00 $595.00 $1,487.50 DECEMBER Texas Highways Magazine The Woodlands Ice Rink 1/6 page $1,830.00 $1,830.00 $4,575.00 DECEMBER Eventful.com Caroling in the Square $200.00 $200.00 $500.00 DECEMBER Go.City.Kids.com Caroling in the Square $200.00 $200.00 $500.00 DECEMBER Discover Spring Texas (Online) WW/ Ice Rink $200.00 $200.00 $500.00 DECEMBER SpringTravelTexas.com Caroling in the Square $200.00 $200.00 $500.00 DECEMBER TheWoodlandsTexas.com Caroling in the Square $200.00 $200.00 $500.00 DECEMBER ThingsToDoInHouston.com Caroling in the Square $200.00 $200.00 $500.00 DECEMBER The Woodlands E-Neighbor Caroling in the Square $200.00 $200.00 $500.00 DECEMBER The Woodlands Online Caroling in the Square $200.00 $200.00 $500.00 DECEMBER Go.City.Kids.com (Houston) The Ice Rink $200.00 $200.00 $500.00 DECEMBER ArtHound.com The Ice Rink $200.00 $200.00 $500.00 DECEMBER HoustonFamilyMagazine (Online) The Ice Rink $200.00 $200.00 $500.00 DECEMBER The Woodlands E-Neighbor Fidelity Ice Rink Sponsors $200.00 $200.00 $500.00 DECEMBER The Woodlands Chamber Online Caroling in the Square $200.00 $200.00 $500.00 DECEMBER The Woodlands E-Neighbor Caroling in the Square $200.00 $200.00 $500.00 DECEMBER HoustonFamilyMagazine (Online) The Woodlands Ice Rink $200.00 $200.00 $500.00 DECEMBER YourPlace.com(BLOG) Caroling in the Square $200.00 $200.00 $500.00 DECEMBER Activerain.com (BLOG) Caroling in the Square $200.00 $200.00 $500.00 DECEMBER TalkOfTheTown.com (BLOG) Caroling in the Square $200.00 $200.00 $500.00 DECEMBER HAR.com(BLOG) Holiday Events in The Woodlands $200.00 $200.00 $500.00 DECEMBER TheWoodlands.com Holiday Activities in The Woodlands $200.00 $200.00 $500.00 DECEMBER MPG Travel & Leisure Nomination 1/6 page $850.00 $850.00 $2,125.00 DECEMBER The Woodlands Lifestyles & Homes Magazine Winter Wonderland and Holiday Food Drive 1/6 page $525.00 $525.00 $1,312.50 98 DECEMBER The Woodlands Lifestyles & Homes Magazine Waterway Arts Festival 1/6 page $525.00 $525.00 $1,312.50 DECEMBER The Woodlands Lifestyles & Homes Magazine History of LOTD 1 page $2,015.00 $2,015.00 $5,037.50 DECEMBER The Woodlands Lifestyles & Homes Magazine The Woodlands Ice Rink 1/6 page $525.00 $525.00 $1,312.50 DECEMBER The Woodlands Lifestyles & Homes Magazine Ice Rink Sponsors 1/6 page $525.00 $525.00 $1,312.50 DECEMBER The Woodlands Lifestyles & Homes Magazine Holiday Food Drive 1/6 page $525.00 $525.00 $1,312.50 DECEMBER The Woodlands Lifestyles & Homes Magazine Holiday Activities in The Woodlands 1/6 page $525.00 $525.00 $1,312.50 DECEMBER The Woodlands Lifestyles & Homes Magazine Holiday Activities in The Woodlands 1/6 page $525.00 $525.00 $1,312.50 DECEMBER The Woodlands Lifestyles & Homes Magazine The Woodlands CVB New Website Features 1/6 page $525.00 $525.00 $1,312.50 DECEMBER Review It Magazine Caroling in the Square 1/6 page $600.00 $600.00 $1,500.00 12-01-10 Houston Chronicle This Week Front Page The Ice Rink 88 $37.00 $3,256.00 $8,140.00 12-01-10 Review It Magazine Newsletter The Ice Rink $200.00 $200.00 $500.00 12-01-10 The Woodlands Township (Online) Caroling in the Square $200.00 $200.00 $500.00 12-01-10 Ultimate Woodlands (Online) Santa in The Woodlands $200.00 $200.00 $500.00 12-02-10 Houston Business Journal Wild Flowers 4 $107.00 $428.00 $1,070.00 12-02-10 Houston Business Journal Holiday Hotel Bookings 24 $107.00 $2,568.00 $6,420.00 12-02-10 The Woodlands Villager Holiday Food Drive 2 $22.24 $44.48 $111.20 12-02-10 The Woodlands Villager Holiday Food Drive 30 $22.24 $667.20 $1,668.00 12-02-10 The Woodlands Online Family Day at The Ice Rink $200.00 $200.00 $500.00 12-03-10 KHOU Great Day Houston NYE Events Around Town 35 seconds $950 per 30 sec. $952.00 $2,380.00 12-03-10 The Paper Magazine.com Family Day at The Ice Rink $200.00 $200.00 $500.00 12-03-10 Houston Chronicle (29-95) MSW Lighted Parade 3 $269.00 $807.00 $2,017.50 12-03-10 Houston Chronicle (29-95) WW/The Ice Rink 3 $269.00 $807.00 $2,017.50 12-03-10 Ultimate Woodlands (Online) Family Day at The Ice Rink $200.00 $200.00 $500.00 12-03-10 The Conroe Courier WW/The Ice Rink 3 $22.24 $66.72 $166.80 12-04-10 The Conroe Courier WW/The Ice Rink 3 $22.24 $66.72 $166.80 12-05-10 The Conroe Courier Holiday Food Drive 9 $22.24 $200.16 $500.40 12-05-10 The Conroe Courier WW/The Ice Rink 12 $22.24 $266.88 $667.20 12-06-10 Houston Chronicle This Week Caroling in the Square 3 $37.00 $111.00 $277.50 12-06-10 The Woodlands Resort (BLOG) Caroling in the Square $200.00 $200.00 $500.00 10-07-10 TheWoodlandsTexas.com (FORUMS) The Woodlands Ice Rink $200.00 $200.00 $500.00 12-07-10 The Woodlands Resort (BLOG) The Woodlands Ice Rink $200.00 $200.00 $500.00 12-08-10 The Woodlands Online Fidelity Ice Rink Sponsors $200.00 $200.00 $500.00 12-08-10 The Woodlands Online Fidelity Investments Ice Rink $200.00 $200.00 $500.00 12-09-10 Houston On The Cheap Caroling in the Square $200.00 $200.00 $500.00 12-09-10 The Woodlands Villager Ice Rink Skater Card 12 $22.24 $266.88 $667.20 12-09-10 The Woodlands Villager Fidelity Investments Ice Rink 24 $22.24 $533.76 $1,334.40 12-09-10 The Woodlands Villager Hubbell & Hudson 24 $22.24 $533.76 $1,334.40 12-10-10 Houston Chronicle Pavilion Ranking 12 $269.00 $3,228.00 $8,070.00 12-10-10 The Conroe Courier Pavilion Ranking 24 $22.24 $533.76 $1,334.40 12-14-10 TheWoodlandsEvents.com Holiday Lights in The Woodlands $200.00 $200.00 $500.00 12-15-10 The Woodlands Resort (BLOG) Tiffany's Opening $200.00 $200.00 $500.00 12-16-10 Houston On the Cheap (Online) The Woodlands Ice Rink $200.00 $200.00 $500.00 12-16-10 The Woodlands Villager Holiday Events in The Woodlands 10 $22.24 $222.40 $556.00 12-16-10 The Woodlands Villager Winter Wonderlands 14 $22.24 $311.36 $778.40 12-16-10 The Woodlands Villager Strong Ice Rink Sponsors 24 $22.24 $533.76 $2,690.00 12-16-10 Houston Chronicle (29-95) Hubbell & Hudson 4 $269.00 $1,076.00 $2,690.00 12-17-10 Examiner.com (Houston) The Woodlands ice Rink $200.00 $200.00 $500.00 12-17-10 Houston Business Journal Tiffany's Opening 3 $107.00 $321.00 $802.50 12-18-10 Houston Chronicle The Woodlands Marathon 15 $269.00 $4,035.00 $10,087.50 12-21-10 KHOU.com (Saving Cents) The Woodlands Ice Rink $200.00 $200.00 $500.00 12-21-10 The Conroe Courier iWOW 8 $22.24 $177.92 $444.80 12-23-10 The Woodlands Villager Holiday Lights in The Woodlands 20 $22.24 $444.80 $1,112.00 12-23-10 The Woodlands Villager The Woodlands Ice Rink/WW 14 $22.24 $311.36 $778.40 12-23-10 The Woodlands Villager Ice Rink Ranking 20 $22.24 $444.80 $1,112.00 12-23-10 The Woodlands Villager The Woodlands Ice Rink 48 $22.24 $1,067.52 $2,668.80 12-23-10 The Woodlands E-Neighbor Fidelity Sponsors Ice Rink $200.00 $200.00 $500.00 12-23-10 Houston Chronicle The Woodlands Ice Rink 3 $269.00 $807.00 $2,017.50 12-26-10 The Conroe Courier The Woodlands Ice Rink 12 $22.24 $266.88 $667.20 12-27-10 Houston Chronicle The Woodlands Ice Rink 3 $269.00 $807.00 $2,017.50 12-29-10 Greater Houston Weekly NYE Events - Wlds Children's Museum 9 $160.00 $1,440.00 $3,600.00 JANUARY Texas Monthly Magazine (Jan. 2011 issue) Riva Row Boathouse 1/6 page (color) $6,380.00 $6,380.00 $15,950.00

2010 YTD PR VALUE: $948,073.50 ** AD EQUIVALENCY EQUALS THE CURRENT MEDIA RATE MULTIPLIED BY THE TIME/COLUMN INCHES ** PR EQUIVALENCY EQUALS THE AD EQUIVALENCY MULTIPLIED BY 2.5 99 ** PLEASE NOTE: THERE IS NO EXACT FORMULA TO CALCULATE THE PR EQUIVALENCY FOR ONLINE PUBLICATIONS. (The PR agency has assigned a default value of $200 for each online media clip.) 100 The Woodlands CVB Destination & Group Sales Media Thumbnail Summary • January – December 2010

Print Advertising

<<< Ordinary Weekend Continental Magazine Extraordinary Weekend ½ Page Horizontal Ad – March Issue <<< Insertion – March 2010 Submitted – Feb. 2

Over 5 million square feet of shopping, dining, hospitality, and entertainment! Circulation – 2.3 million monthly readers Escape from your typical weekend in front of the tube and discover an extraordinary weekend amid 28,000 acres of natural beauty just north of Houston in The Woodlands. Sign up online for a free weekend getaway! VisitTheWoodlands.com/weekend

Interfaith Dining Guide Ad More than you thought Pickup ad design from 2009 Dining Guide

Insertion – Spring 2010 Submitted – Jan. 27 Circulation – 50,000+ Only 27 miles north of Houston, The Woodlands offers a unique mix of nature, leisure and entertainment. Enjoy first-class shopping, dining, kayaking and relaxation — it’s recreation and rejuvenation for the whole family. Visit our website to read more about this undiscovered Weekend Getaway with over 5 million square feet of www.VisitTheWoodlands.com shopping, dining and entertainment.

8508-CVB_InterfaithDiningGuideAd.indd 1 6/30/09 8:49:56 AM Interfaith Dining Guide Coupon Pickup coupon ad from 2009 Dining Guide

Go online to get a Insertion – Spring 2010 FREE Submitted – Jan. 27 Discovery Guide & Savings Book to Circulation – 50,000+ The Woodlands

www.TheWoodlandsCVB.com/guide.asp

8508.1-CVB_InterfaithDiningGuideCouponAd.indd 1 6/29/09 5:28:15 PM

Print Advertising – Updated 1/5/11 101 TEXAS FALL 2010 GETAWAY GUIDE THE WOODLANDS CVB 5TH PROOF

Designer’s Note: • We have assigned the headline of your ad as shown, in the event one was not previously supplied. It is our intent to use a city/destination/attraction name as the headline to allow readers instant connectivity to who you are. We would be happy to discuss possible alterations in the event our editing does not meet your approval. • All brochure text submissions are limited to 200 characters, including naming headline. Some words or phrases may have been moved, removed or adjusted in an effort to avoid awkward spacing gaps or to adhere to the 200-character limit. We would be happy to discuss possible alterations or to receive revised text from you in the event our editing does not meet your approval. 2010 See Texas First Spring The Woodlands A revitalizing Texas Spring 2010 Getaway Guide weekend destination More than five million square feet of shopping, dining, hospitality and entertainment, concerts under the stars, great nightlife, water taxis, golf, nature trails, kayaking and more… it’s all in Insertion – Spring 2010 The Woodlands, just 30 minutes north of Houston. Stroll the shops Submitted – Feb. 10 of Market Street; enjoy the night-lit, 00. DELIGHT IN Enjoy The Fountains at Waterway Square. THE WOODLANDS choreographed Located 20 minutes north of Houston. display of To plan your getaway, go to Offering world-class shopping, dining, The Fountains at www.VisitTheWoodlands.com. Request a golf, entertainment & resort and luxury Circulation – 1,275,000 Enjoy more than Waterway Square free visitor’s guide and a Discovery Guide hotels. 877-963-2447, 100 restaurants in or just unwind at www.VisitThe The Woodlands. Savings Book for great savings on hotels, Woodlands.com The Woodlands restaurants, shopping and more. Resort, the boutique AVIA hotel, The Woodlands Waterway Marriott or one of our other outstanding hotels.

CIRCLE #00 ON THE BACK PAGE COUPON

Please Note: The following region is where your brochureGet adt willo appear.know Convention South Magazine Please take a moment to verify thatTh thise is Wyouro correctod region.lan dThanks you! GULF COAST The Woodlands Waterway Marriott & Convention Center ½ Page Horizontal Ad – March Issue For events and meetings of any size, it’s time to get to know The Woodlands. TO PRINT AT 100% USE 8.5” X 11” PAPER [LOW RESOLUTIONYou’ ll-f iCOLORnd our hot ePROOF]ls, meeting and event PTC081610DG spaces, nightlife and entertainment venues provide just the right combination of

productivity and pleasure. The Woodlands Resort & Conference Center Ran – March 2010 (Annual Destination issue focusing on the Just North Of Houston 170,000 Square Feet of Meeting & Event Space More than 1,500 Guestrooms In Upscale, Resort and Select-Service Properties value that CVBs and hotels bring to meetings) Award-Winning Restaurants Complimentary Trolley Service Throughout Market Street The Woodlands Town Center Submitted – Feb. 25

Where Productivity Meets Pleasure www.MeetingsInTheWoodlands.com The Fountains at Waterway Square Circulation – 18,275+ meeting planners

East Texas Group Tour Manual 1/4 Page Ad

Insertion – 27th Edition

Get to know The Woodlands Submitted – Feb. 25, 2010 For events and meetings of any size, it’s time to get to know The Woodlands. Estimated Circulation – 5,000 tour operators and travel agencies

You’ll find our hotels, meeting and event spaces, nightlife and entertainment throughout Texas venues provide just the right combination The Woodlands Waterway of productivity and pleasure. Marriott & Convention Center

Just North Of Houston 170,000 Square Feet of Meeting & Event Space More than 1,500 Guestrooms In Upscale, Resort and Select-Service Properties Award-Winning Restaurants Complimentary Trolley Service Throughout The Woodlands Resort The Woodlands Town Center & Conference Center

Where Productivity Meets Pleasure The Fountains at www.MeetingsInTheWoodlands.com Waterway Square

Print Advertising – Updated 1/5/11 102 Texas Towns and Cities <<< Ordinary Weekend Extraordinary Weekend Full Page Ad – April Issue <<< Insertion – April 2010 Submitted – Mar. 23 Circulation – 11,000 Mayors, Councilmembers, City Managers, Finance Directors, Police Chiefs, Fire Chiefs, Purchasing Managers, Public Works Directors, Library Directors, City Attorneys, Building Officials, Planners, and many other municipal professionals

Over 5 million square feet of shopping, dining, hospitality, and entertainment!

Escape from your typical weekend in front of the tube and discover an extraordinary weekend amid 28,000 acres of natural beauty just north of Houston in The Woodlands. Sign up online for a free weekend getaway! VisitTheWoodlands.com/weekend

Villager 101 Things to Do 2010 <<< Ordinary Weekend Extraordinary Weekend Full Page Ad – 2010 Issue <<< Insertion – May 2010 Submitted – Apr. 16 Circulation – 574,030 households through 33 newspapers and over 1.2 million readers

<<< Ordinary Weekend Continental Magazine Extraordinary Weekend ½ Page Horizontal Ad – May Issue <<< Insertion – May 2010 Submitted – Apr. 2 Circulation – 2.3 million monthly readers Escape from your typical weekend in front of the tube and discover an extraordinary weekend amid 28,000 acres of natural beauty just north of Houston in The Woodlands. Sign up online for a free weekend getaway! VisitTheWoodlands.com/weekend

8427.4-WoodlandsCVB_Continental-May.indd 1 4/1/10 10:55 AM

Print Advertising – Updated 1/5/11 103 Houston Community Newspapers Dining Guide Full Page Ad – June Issue

Insertion – June 16–17, 2010 Ordinary Weekend >>> Submitted – May 20 Extraordinary Weekend Circulation – 53,000 readers in Montgomery County <<<

Escape from your typical weekend washing dishes and discover an extraordinary weekend amid 28,000 acres of natural beauty just north of Houston in The Woodlands. Sign up online for a free weekend getaway! VisitTheWoodlands.com/weekend

10001 Woodloch Forest Dr., Ste. 600 | The Woodlands, Texas 77380 877-963-2447 | 281-210-3499 fax | [email protected]

8450.2-CVB-HCN_RestaurantGuide-Ord_Extra.indd 1 5/20/10 10:55 AM

<<< Ordinary Weekend Continental Magazine Extraordinary Weekend

<<< ½ Page Horizontal Ad – July Issue

Insertion – July 2010 Submitted – May 14 Circulation – 2.3 million monthly readers Escape from your typical weekend in front of the tube and discover an extraordinary weekend amid 28,000 acres of natural beauty just north of Houston in The Woodlands. Sign up online for a free weekend getaway! VisitTheWoodlands.com/weekend

8427.5-WoodlandsCVB_Continental-July.indd 1 5/19/10 2:43 PM

WHERE Guestbook – Houston Full Page Ad – July Issue <<< Ordinary Weekend Extraordinary Weekend

<<< Insertion – July 2010 Submitted – Jul. 1 Circulation – 482,000 hotel rooms in Houston and surrounding areas

Escape from your typical weekend in front of the tube and discover an extraordinary weekend amid 28,000 acres of natural beauty just north of Houston in The Woodlands.

Sign up online for a free weekend getaway! 10001 Woodloch Forest Dr., Ste. 600 | The Woodlands, Texas 77380 VisitTheWoodlands.com/weekend 877-963-2447 | 281-210-3499 fax | [email protected]

8510.1-CVB-WHERE_Guestbook.indd 1 7/1/10 1:41 PM

Print Advertising – Updated 1/5/11 104 Interfaith Dining Guide 2010 Ordinary Weekend >>> Extraordinary Weekend Full Page Ad – Fall Issue <<< Insertion – Fall 2010 Submitted – Jan. 27 Circulation – 50,000+

8508.2-CVB_InterfaithDiningGuideAd_2010.indd 1 6/16/10 1:38 PM Interfaith Dining Guide 2010 Full Page Ad – Fall Issue

Insertion – Fall 2010 Submitted – Jan. 27 Circulation – 50,000+

Go online to get your FREE Discovery Guide & Savings Book and Visitor’s Guide to The Woodlands

www.VisitTheWoodlands.com

8508.2-CVB_InterfaithDiningGuideCouponAd_2010_2.indd<<< Ordinary Weekend 1 6/21/10 10:46 AMThe Woodlands Wine & Food Week Extraordinary Weekend ½ Page Horizontal Ad – June 14–20 Event <<< Ran – June 14–20, 2010 Submitted – Apr. 30 Estimated Attendance – 10,000+ with over 40 events throughout the week

8466.3-Wine&FoodWeek-Ord_Extra.indd 1 5/3/10 8:22 AM

<<< Ordinary Weekend 2010 Greater Houston Fall In-State Insert Extraordinary Weekend

<<< (integrated campaign) ½ Page Ad – Fall Issue

Escape from your typical weekend in front of the tube and discover an extraordinary weekend amid 28,000 acres of natural beauty just north of Houston in The Woodlands. Insertion – Fall 2010 Sign up online for a free weekend getaway! VisitTheWoodlands.com/weekend Recently named one of the “Coolest Suburbs Worth a Visit” by Travel + Leisure Magazine. 8724_CVB_VisitHouTx_halfpg.indd 1 9/2/10 10:37 AM Submitted – Sept. 2 Circulation – 750,000

Print Advertising – Updated 1/5/11 105 TEXAS FALL 2010 GETAWAY GUIDE THE WOODLANDS CVB 5TH PROOF

Designer’s Note: • We have assigned the headline of your ad as shown, in the event one was not previously supplied. It is our intent to use a city/destination/attraction name as the headline to allow readers instant connectivity to who you are. We would be happy to discuss possible alterations in the event our editing does not meet your approval. • All brochure text submissions are limited to 200 characters, including naming headline. Some words or phrases may have been moved, removed or adjusted in an effort to avoid awkward spacing gaps or to adhere to the 200-character limit. We would be happy to discuss possible alterations or to receive revised text from you in the event our editing does not meet your approval. 2010 See Texas First Fall The Woodlands A revitalizing Texas Fall 2010 Getaway Guide weekend destination More than five million square feet of shopping, dining, hospitality and entertainment, concerts under the stars, great nightlife, water taxis, golf, nature trails, kayaking and more… it’s all in Insertion – Fall 2010 The Woodlands, just 30 minutes north of Houston. Stroll the shops Submitted – Aug. 12/Final proof Approved of Market Street; enjoy the night-lit, 00. DELIGHT IN Enjoy The Fountains at Waterway Square. THE WOODLANDS choreographed Located 20 minutes north of Houston. display of To plan your getaway, go to Offering world-class shopping, dining, The Fountains at www.VisitTheWoodlands.com. Request a golf, entertainment & resort and luxury Circulation – 1,275,000 Enjoy more than Waterway Square free visitor’s guide and a Discovery Guide hotels. 877-963-2447, 100 restaurants in or just unwind at www.VisitThe The Woodlands. Savings Book for great savings on hotels, Woodlands.com The Woodlands restaurants, shopping and more. Resort, the boutique AVIA hotel, The Woodlands Waterway Marriott or one of our other outstanding hotels.

CIRCLE #00 ON THE BACK PAGE COUPON

Please Note: The following region is where your brochure ad will appear. The Woodlands Street Map Please take a moment to verify<<< that thisOrdinary is your correct region.Weekend Thank you! GULF COAST Full Page Ad TO PRINT AT 100% USE 8.5” X 11” PAPER

PTC081610DG [LOW RESOLUTION - COLOR PROOF] Insertion – Fall 2010 Extraordinary Weekend Submitted – Sept. 14 <<<

8277.2 WoodlandsCVB_MapAd.indd 1 9/2/10 3:20 PM

Texas Meetings & Events Magazine 1 /3 Page Ad – Fall Issue

Ran – September 1 - end of November, 2010 Get to know The Woodlands For events and meetings of any size, it’s time to get to know The Woodlands. Submitted – July 23, 2010 You’ll find our hotels, meeting and event spaces, nightlife and entertainment venues provide just the The Woodlands Waterway right combination of productivity and pleasure. Marriott & Convention Center Estimated Circulation – 10,000+ industry experts and planners Just North Of Houston 170,000 Square Feet of Meeting & Event Space More than 1,500 Guestrooms In Upscale, Resort and Select-Service Properties Award-Winning Restaurants Complimentary Trolley Service Throughout The Woodlands Resort The Woodlands Town Center & Conference Center

Where Productivity Meets Pleasure The Fountains at www.MeetingsInTheWoodlands.com Waterway Square

Print Advertising – Updated 1/5/11 106 Online Advertising – Banner Advertising Online Display

Aired – March 27–June 22, 2010 Impressions – 2,741,543 Visits – 279 Remarketing Impressions – 34,693 (people who have previously viewed your website)

* Map shows significant activity from San Antonio and Austin

Hispanic Online Display

(5 million square feet of shopping and dining Aired – January 23–April 4, 2010 among 28,000 acres of natural beauty) Impressions – 673,288 Visits – 463 Remarketing Impressions – 769 (people who have previously viewed your website)

UltimateWoodlands.com Banner Ad Expandable Skyscraper Ad

Aired – April–June 2010 Impressions – 22,000+

Facebook.com Banner Ads

Aired – April–June 2010 Impressions – 2,400,000+ Clicks – 700+ (to www.Facebook.com/VisitTheWoodlands)

* Driving Facebook users to The Woodlands CVB Facebook page * The Woodlands CVB Facebook Page had 2,148 fans as of Jan. 5, 2011 * Facebook.com has over 196 million users worldwide (57 mil in US)

Online Advertising – Updated 1/5/11 107 Conventionsouth.com Banner Ad Where Productivity Meets Pleasure | Just North of Houston MeetingsInTheWoodlands.com Leader Board (728x90) (Where Productivity Meets Pleasure l Just North of Houston. MeetingsInTheWoodlands.com) Aired – June 2010 Impressions – 17,413 Clicks – 75

Where Productivity Meets Pleasure tx.meetingsmags.com Banner Ad Large Square (250x250)

Aired – August 2010–End of March 2011 Impressions – 18,130 Clicks – 20 (as of Jan. 6, 2011)

Just North of Houston MeetingsInTheWoodlands.com

Online Advertising – Search Engine Marketing (SEM) - Final Results Search Campaign Pay-per-click

Aired – March 19–September 26, 2010

* Top Google Keywords Searched – tx shopping, shopping texas, ro- mantic resorts, travel texas, parks in the woodlands * Top Yahoo Keywords Searched – weekend getaway, family packages, shopping texas, weekend getaway in texas, travel destinations * Top Bing Keywords Searched – vacations texas, events in the woodlands, weekend getaways in texas, event in the woodlands, shopping in the woodlands

Online Advertising – Updated 1/5/11 108 Online Advertisement – E-Newsletters February E-Newsletter Featured: Valentine’s Day Specials

Ran – February 10, 2010 Delivered – 7,660 Opened – 3,030 (40%) Click-Throughs – 708 (41%)

March E-Newsletter Featured: Spring Series of Live at Night at Waterway Square

Ran – March 2, 2010 Delivered – 7,725 Opened – 3,382 (44%) Click-Throughs – 487 (29%)

April E-Newsletter Featured: Spring Series of Live at Night at Waterway Square

Ran – April 6, 2010 Delivered – 6,989 Opened – 2,478 (35%) Click-Throughs – 332 (22%)

Online Advertising – Updated 1/5/11 109 May E-Newsletter Featured: Summer Series of Movie Night at Waterway Square

Ran – May 4, 2010 Delivered – 7,251 Opened – 3,078 (42%) Click-Throughs – 379 (26%)

June E-Newsletter Featured: Red, Hot & Blue Festival

Ran – June 4, 2010 Delivered – 7,408 Opened – 3,005 (41%) Click-Throughs – 384 (24%)

June E-Newsletter Featured: Little Firecracker Essay

Ran – June 15, 2010 Delivered – 8426

Online Advertising – Updated 1/5/11 110 July E-Newsletter Featured: Red Hot & Blue Festival

Ran – June 25, 2010 Delivered – 7449

August E-Newsletter Featured: Ironman Texas Coming to The Woodlands (Included free Featured Vendor spot)

Ran – August 8, 2010 Delivered – 7964 Opened – 3,021 (38%) Click-Throughs – 389 (24%)

September E-Newsletter Featured: Labor Day Weekend at Waterway Square

Ran – September 2, 2010 Delivered – 8,249 Opened – 3,373 (41%) Click-Throughs – 335 (19%)

Online Advertising – Updated 1/5/11 111 October E-Newsletter Featured: Trick-or-Treat Trail at Waterway Square

Ran – October 8, 2010 Delivered – 8150 Opened – 3,530 (43%) Click-Throughs – 530 (30%)

November E-Newsletter Featured: Lighting of the Doves at The Woodlands Town Center

Ran – November 1, 2010 Delivered – 8480

November E-Newsletter Featured: The Ice Rink Preview Weekend

Ran – November 8, 2010 Delivered – 8702

Online Advertising – Updated 1/5/11 112 December E-Newsletter Featured: The Ice Rink Family Fun Day

Ran – December 3, 2010 Delivered – 8989

December E-Newsletter Featured: The Ice Rink at The Woodlands Town Center

Ran – December 23, 2010 Delivered – 7374

Online Advertising – Updated 1/5/11 113 Group Sales & Meeting Planners Advertising Meeting Planners E-Newsletter – First Quarter Get to Know The Woodlands • Where Productivity Meets Pleasure

Ran – April 4, 2010 Delivered – 772 Opened – 156 (21%) Click-Throughs – 9 (1.2%)

* Recipients consisted of meeting and event planners from Texas, Louisiana and Oklahoma.

Meeting Planners E-Newsletter – Second Quarter Get to Know The Woodlands • Where Productivity Meets Pleasure

Ran – August 12, 2010 Delivered – 632 Opened – 183 (28.95%) Click-Throughs – 5 (2.7%)

Meeting Planners E-Newsletter – Third Quarter 2010 Get to Know The Woodlands • Where Productivity Meets Pleasure Featured: The Ice Rink at The Woodlands Town Center

Ran – December 16, 2010 Delivered – 93 Opened – 91 (97.8%) Click-Throughs – 2 (2.2%)

Group Sales & Meeting Planners Advertising – Updated 1/5/11 114 TV / Radio Advertising Destination 30-second TV Spot Houston Region

Insertion – May 10–August 22, 2010 Est. impressions – 3,010,000 Total Spots – 492 Stations – Comcast Cable (TNT, Food Network, HGTV, Hallmark, Fox News), KPRC TV NBC, KTRK TV ABC and KHOU TV CBS)

Destination 30-second TV Spot [Spanish] Houston Region

Insertion – May 3–30, 2010 Est. Audience – 5,514,800 (Age 15–54) Total Spots – 100 Telemundo Programs – Buenos Dias, Levantate, Late Afternoon, Early News, Early Prime, Late News, Late Nite, Weekend Daytime, Overnights, Various vignettes, Rotator (value-added)

Destination 15-second Radio Spot Houston Region

Insertion – June 7–12, July 5–10, August 9–14, September 13–18, October 11–16 Est. impressions – 4,098,100 Total Spots – 222 Total Internet Spots – 104 Stations – KODA 99.1 FM, KTRH 740 AM

Outdoor Advertising

Billboard 13 Boards

Run – Oct. 2010 - Jan. 2011 (approx. 12 weeks) Total DEC - 414 (Daily Effective Circulation OR number of cars that pass by the location. Number in THOUSANDS.)

TV / Radio Advertising/Outdoor – Updated 1/5/11 115

116

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Governance Planning Process

BUDGET IMPACT: $200,000

FACTS/HISTORY:

At the Board Planning Session in October 2010, the Township Board adopted an action plan to begin a governance planning process. As part of this calendar, the consultant was scheduled to be retained in January 2011.

In December 2010, staff prepared and distributed a request for qualifications and proposals. In January, staff received proposals from eight excellent consultants. Staff reviewed and evaluated the proposals to narrow down the selection. Staff involved in the review process are President/General Manager Don Norrell, Assistant General Manager for Community Services John Powers, Assistant General Manager for and Finance and Administration Monique Sharp and Management Analyst Karen Dempsey.

Due to nature of the governance planning process, the extended length of the engagement with the consultant (through June 2014), and the amount of interaction that will be required between the consultant and the Township Board of Directors, staff recommends that the Board interview the top three consultants, as rated by staff, prior to selection in order to make an informed decision. In order to accommodate scheduling arrangements, staff will plan to arrange for the consultants to meet with the Board in February.

RECOMMENDED BOARD ACTION:

None. For information only.

117

118

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Law Enforcement Study

BUDGET IMPACT: $50,000

FACTS/HISTORY:

At the Board Planning Session in October 2010, the Township Board adopted an action plan for a law enforcement study/review of services. As part of this calendar, the consultant was scheduled to be retained in January 2011.

In December 2010, Staff prepared and distributed a request for qualifications and proposals. In January, five proposals were received and evaluated. Staff plans to conduct conference calls with the top two consultants to review the scope of services and associated fees, and will bring a recommendation to the Board in February. Staff involved in the review process are President/General Manager Don Norrell, Assistant General Manager – Community Services John Powers, Director Law Enforcement Services Marian Leck, Management Analyst Karen Dempsey and Captain Andy Eason of the Montgomery County Sheriff’s Office – District 6.

RECOMMENDED BOARD ACTION:

None. For information only.

119

120

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Review and consider approval of 2011 Parks and Recreation Capital Improvement Projects, approve 2011 budget amendment for 2010 capital project carryovers, and authorize the President/General Manager to approve progress payments, invoices, draws and reimbursements in connection therewith.

BUDGET IMPACT: $2,925,500 is budgeted for new parks and pathways development and $1,647,800 is budgeted for parks and pathways improvement projects.

FACTS/HISTORY: The 2011 Capital Budget consists of several categories including a Parks and Recreation Capital program. This program can be divided into 1) “New Parks and Pathways Developments” which are those projects subject to agreements with the Woodlands Land Development Company; and 2) routine parks and recreation improvement projects managed solely by the Township.

The Woodlands Township entered into a Consent Agreement with The Woodlands Land Development Company L.P. (TWLDC) effective February 1, 2008. This Agreement establishes the mutual benefits, undertakings and obligations of the Township and TWLDC relative to the Transition Agreement between the Township and Community Associations and the related contracts and agreements to be conveyed, transferred and assigned pursuant to the Transition Agreement, to some of which TWLDC is a party. Related agreements to this issue are the Recreation Facilities Development Agreement and the Construction Management Agreement, which address the capital projects identified in the 2011 Township Capital Budget as New Parks and Pathways Developments.

Per Sections C. 1 of both the Recreational Facilities Development Agreement and the Construction Management Agreement, adoption of the annual budgets by The Woodlands Association and Woodlands Commercial Owners Association, (now The Woodlands Township as Successor Entity,) shall constitute approval of all Recreational Facilities provided for therein, and TWLDC shall be authorized to proceed with the construction of the Recreational Facilities in accordance with the terms of the Agreements as long as such facilities and the construction thereof are consistent with the scope and budgets approved. Any Material Deviation from the scope of the projects or budgets must be approved by the board of directors. "Material Deviation" from the approved budget shall mean any increase of 15% or more.

121

TWLDC submitted a listing of new parks and pathways development that was included in the Township’s 2011 Capital Budget which totals $2,925,500: $917,500 for new parks in previous TWA areas; $601,000 for new pathways in previous TWA areas; and $1,407,000 for new streetscape/ pathway developments in previous WCOA areas. This includes previous TWA projects that are funded 50/50 and previous WCOA projects that are fully funded by the Township. Detailed construction schedules have now been prepared (see attached). The schedules also indicate the amount to be carried over into 2011 from uncompleted 2010 projects.

Per the Agreements, TWLDC must perform the following services:

1. Oversee planning, design and construction of the Recreational Facilities.

2. Hire and manage all contractors and consultants necessary to accomplish its services to be provided herein.

3. Handle all accounting and administrative matters associated with the design and development of the Recreational Facilities.

4. Apply to the appropriate agency for and administer federal and state grants for the Recreational Facilities to the extent that the grants are available and the proposed Recreational Facilities are eligible.

5. Review plans for the Recreational Facilities with Township and its representatives at key milestones in the planning/design process.

The Woodlands Township must:

1. Provide 50% of the Net Facility Costs each year for The Woodlands Association projects and 100% of the Capital Project costs for Woodlands Commercial Owners Association projects.

2. Pay to TWLDC a fee of five percent (5%) of the WCOA capital project costs for each capital project upon its completion as compensation for TWLDC services.

3. Upon the completion of construction of any Recreational Facility project constructed by TWLDC in accordance with this Agreement, accept title to the Recreational Facility, including an easement or fee ownership of the underlying land, and to provide or cause others to provide perpetual maintenance of such facility to the extent required to maintain same in its original condition, reasonable wear and tear excepted.

TWLDC utilizes competitive bidding procedures to ensure prudent use of funds and that competent contractors are awarded the work. Additionally, they have included parks and recreation department employees in the park planning process and updated the Boards as projects progress.

122 In order to facilitate the timely progression of construction and related payments for work performed, it will be necessary for the Township to make payments to TWLDC as stipulated in the agreements.

In addition to the New Parks and Pathways Developments, a schedule of 2011 routine parks and recreation improvement projects has been prepared (see attached). These projects will proceed as indicated and in compliance with the Township’s adopted Financial and Purchasing Policies.

The Board of Directors considered the 2010 Capital Projects in January 2010 and approved the projects, schedules and budgets as submitted and authorized the President/General Manager to approve all invoices, progress payments, draws and reimbursements provided the amounts are within the approved budgets and the projects are within their scope as presented, provided that a review by legal counsel finds no conflict with purchasing and procurement codes relative to the Township. These procedures have worked satisfactorily for the Township and no issues have occurred.

The Woodlands Land Development Company has requested consideration of improvements not included in the adopted 2011 Capital Project plan: to add spray grounds at May Valley and Timarron Parks; and to add a sports practice field at Timarron Park. The construction costs of the spray grounds are $225,000 each and construction of the sports field is $70,000. These costs would be shared 50/50 with TWLDC. The 2011 Capital Budget would be modified to defer portions of three approved projects from the 2011 fourth quarter to the first quarter of 2012. There would be no net change in budget dollars for 2011 and the additional amount added overall will be adjusted in later years of the Five-Year Plan. The Projects Research Committee considered the projects at its January 13th meeting and recommends they be included in the 2011 schedule.

RECOMMENDED BOARD ACTION:

Approve the 2011 Parks and Recreation Capital Projects schedules and budgets as submitted and authorize the President/General Manager to approve all invoices, progress payments, draws and reimbursements provided the amounts are within the approved budgets and the projects are within their scope as presented. Any Material Deviation from the approved budget or scope shall require approval by the board of directors; and approve a 2011 budget amendment in connection with 2010 capital project carryovers.

123 THE TOWNSHIP - PROPOSED 2010 -2015 STREETSCAPE PROJECT BUDGET RH 1-11-2011

2010 Budget 2010 2011 2012 2013 2014 2015 Total Project Revised Actual Carryover 2/1/2010 & New 2010 Projects A1. Waterway District Directional Signs 30,000 39,229 -9,229 #2 A2. Mall Ring Road Streetscape 30,000 9,933 20,067 A3. Pathway- Villa Sport 2000 0 2,000 A4. Waterway Square/ Town Center Street Furniture 20,000 0 20,000 25,000 25,000 #14 A5. Timberloch- Waterway Avenue to Woodloch Forest- sidewalks, landscape, lighting 337,000 21,110 315,890

#8 A6. Waterway Square Place- Fountain Pl. to Woodloch Ct. (north)- sidewalks, landscaping, lighting 163,000 0 163,000

#8 A7. Waterway Square Place- Woodloch Ct. to Woodloch (north)- sidewalks, landscape, lighting 82,000 0 82,000

Subtotal 664,000 70,272 593,728

#7 A8. Waterway Square Place @ new hotel (south) - sidewalk, lighting, landscaping, lighting 119,673

#6 A9. Waterway Ave - Parking Lot to Woodlands Pkwy (east) - sidewalks, ramps, lighting, lamdscaping 282,708

#4 A10. Woodloch Forest - Lake Robbins Dr to WP (east);L. Robbins to WP (west balance)- pylon 396,111 lighting, landscaping, tree receptacles

#9 A11. Six Pines - Timberloch to WP (east & west)- pedestrian lighting 133,291

#10 A12. Timberloch West - Six Pines to Mew (south)- sidewalks, ramps, lighting, landscaping 83,812

#12 A13. Lake Robbins - Woodloch Court to Woodloch Forest Dr. (south)- sidewalks, lighting, landscaping 80,484

#14 A14.Timberloch Place East: Waterway Ave. to Woodloch Forest ( balance north & south)- landscaping, sidewalks, Lighting (Note: This is a duplicate project of A5) 0 0

Proposed Additional Project #5 A15. Six Pines- Timberloch to L. Robbins Dr.- landscaping/ lighting 315,000

Design Fees/ Contingency 83,000

Subtotal 1,494,079 991,353 502,726

Subtotal 2,158,079 1,061,625 1,096,454 2,158,079

2011 Projects #13 B.1 Six Pines- L. Woodlands Dr. to L. Robbins Dr.- landscaping, lighting 382,000 B.2 Woodloch Ct.- L. Robbins Dr. to WW Square Place (east)- sidewalks, landscaping, lighting 81,000 B.3 L. Woodlands Drive- Grogan's Mill to Six Pines- sidewalks 92,000 B.4 L.Robbins Drive- Grogan's Mill to Six Pines- sidewalks, landscaping, lighting 827,000

Subtotal 1,382,000 1,382,000

2012 Projects #11 C1. Grogan's Mill Rd- Woodlands Pkwy to Timberloch- walkway (west) pedestrian lighting, landscaping 300,000 C2. Grogan's Mill Rd- Timberloch to L. Woodlands Dr.- sidewalks, landscaping, lighting 1,113,000

Subtotal 1,438,000 1,438,000

2013 Projects D1. Riva Row- High Timbers to Six Pines (north)- sidewalks, landscaping, lighting 330,000 D.2 Timberloch- Grogan's Mill to High Timbers- landscaping 28,000 D.3 Timberloch- High Timbers to Six Pines- sidewalks 34,000 D.4 Timberloch- Waterway Court to Six Pines (north)- sidewalks, landscaping, lighting 67,000 D.5 L. Robbins Drive- Woodloch to Lake Robbins- sidewalks, landscaping, lighting 444,000

Subtotal 928,000 928,000

2014 Projects E.1 Waterway Square- Phase 2- including pedestrian bridge over The Waterway, ramp/ elevator & pedestrian 1,200,000 1,200,000 mew to Timberloch Place

2015 Projects F. 1 Waterway Square- Phase 2 (complete) 1,200,000 1,200,000

Total 2,158,079 1,061,625 2,478,454 1,438,000 928,000 1,200,000 1,200,000 8,306,079 0 124 Board Meeting (if Construction/ Estimated Project Cost Maintenance/ New Design Bid Release Date necessary) Bid Award Purchase Completion 2011 Projects Trucks $ 24,700 Replacement Jan-11 n/a Feb-11 Feb-11 Mar-11 Wood Chipper $ 38,000 Replacement Jan-11 n/a Feb-11 Mar-11 Mules $ 27,000 Replacement Jan-11 n/a Feb-11 Feb-11 Mar-11 Trailers $ 9,000 Replacement Jan-11 n/a Feb-11 Feb-11 Mar-11 Traffic Cones $ 25,000 New TBD Carpet $ 17,100 Replacement Feb-11 n/a Feb-11 Feb-11 Mar-11 Kayaks $ 25,000 Replacement TBD Fitness Room Equipment $ 4,000 Replacement Jan-11 n/a Feb-11 Feb-11 Mar-11 Holiday Decorations $ 6,400 New/Replacement TBD Bench Replacement - Community Wide $ 20,000 Replacement Jul-11 Aug-11 n/a Sep-11 Oct-11 Nov-11 Community Garden - TBD $ 20,000 New Oct-10 Jan-11 n/a Jan-11 Feb-11 Apr-11 Dock Replacement - Northshore Park $ 30,000 Replacement Jan-11 2/23/11 Mar-11 Mar-11 Mar-11 Flue over Grill Area - Rob Fleming Park $ 10,000 New Dec-10 Feb-11 n/a Feb-11 Feb-11 Mar-11

Major Park Renovation - Sawmill Park - Design Replacement Jan-11 2/23/11 Mar-11 $ 500,000 Major Park Renovation - Sawmill Park - Construction February - June 2011 Jun-11 7/27/11 Aug-11 Sep-11 Apr-12 Park Rules/ID sign - New Parks $ 6,000 New Mar-11 Apr-11 n/a May-11 Jun-11 Jul-11

Parking Lot - Creekwood $ 22,000 Replacement Dec-10 Feb-11 n/a Mar-11 Apr-11 May-11

Picnic Area Improvements - Community-wide $ 20,000 Replacement Jun-11 Jul-11 n/a Aug-11 Sep-11 Nov-11 Playground Improvements - Chandler Creek $ 65,000 Replacement Jan-11 2/23/11 Mar-11 Mar-11 May-11

Shade Structure Improvements - Cattail Dog Park $ 20,000 Replacement Sep-10 Jan-11 n/a Feb-11 Mar-11 Apr-11

Swing Improvements - Acacia & Rain Print Parks $ 10,000 Replacement Apr-11 n/a Jan-11 Feb-11 Feb-11 Wheel Friendly Area Equipment - Forestgate & Lakeside $ 100,000 Replacement Mar-11 Apr-11 5/25/11 Jun-11 Aug-11 Sep-11 Lake & Pond Improvements $ 70,000 Replacement TBD December 2010 - Parking Lot - ABSP $ 275,000 New Underway Sep-10 11/11/10 Nov-10 June 2011 Jun-11 Tennis Court Resurfacing - Cattail, Cranebrook, Pepperdale $ 16,800 Replacement Mar-11 n/a Jan-11 Feb-11 Mar-11 Parks and Recreation Timeline Recreation Parks and Town Center Parks - Waterway Pumps and Motors $ 25,000 Replacement Mar-11 n/a Apr-11 Apr-11 Apr-11 Equipment, Pumps, Filters $ 30,000 Replacement Mar-11 n/a Apr-11 Apr-11 Jun-11 Alden Bridge, Harper's Landing, Windvale - Exterior Doors $ 30,000 Replacement Jan-11 n/a Feb-11 Mar-11 Apr-11 Pool Deck Refurbishment - Harper's Landing $ 10,000 Replacement Jan-11 n/a Feb-11 Feb-11 Mar-11 Pool Facility Addition - Rob Fleming $ 35,000 Replacement Feb-11 n/a Mar-11 Mar-11 Mar-11 Pool Plaster Replacement - Harper's Landing $ 45,000 Replacement Jan-11 2/23/11 Mar-11 Mar-11 Apr-11 Shade Structure Fabric Replacement - Alden Bridge, Lakeside and Sawmill Pools $ 11,000 Replacement Feb-11 n/a Mar-11 Mar-11 Mar-11

Shade Structure Replacement - Harper's Landing $ 10,000 Replacement Feb-11 n/a Mar-11 Mar-11 Mar-11

Swim Team Sound System - Lakeside Park $ 4,000 Replacement Feb-11 n/a Mar-11 Mar-11 Mar-11 125

Swim Team Lane Lines - Lakeside Park $ 3,000 Replacement Feb-11 n/a Feb-11 Feb-11 Feb-11 Pathway Improvements $ 166,000 Replacement Mar-11 Apr-11 6/22/11 Jul-11 Aug-11 Oct-11 2011 Projects Sub-Total $ 1,730,000 Carry-Over December 2010 - Alden Bridge Sports Park Expansion $ 367,000 New Underway Sep-10 11/11/10 Nov-10 June 2011 Jun-11 December 2010 - Community Garden -Veggie Village $ 20,000 New Underway Sep-10 11/11/10 Nov-10 June 2011 Jun-11 Pool Exterior Door Replacement $115,000 Replacement 1/20/10 Spring 2011

Alden Bridge, Cranebrook, Forestgate, Lakeside & Waterway Square Security Cameras $55,000 New TBD Carry-Over Sub-Total $ 557,000 TOTAL $ 2,287,000 126 2011 2012 Projects Budget Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Jan

CREEKSIDE PARKS

S Lake Paloma 2N Park 290,000 Construction Fleming Park Signage/Plaza 300,000 Design Bid/Award Construction Construction

New Harmony S15 Park 70,000 Design Bid/Award Construction I N E Lake Voyager S18 Pond Park 125,000 Design Bid Construction Camelia S3 Pond Park 125,000 Construc- Construc-

Heritage Mill S4 Pond Park 75,000 Construc- Construc-

E L Mitchell Preserve Access 225,000 Construction

Mitchell Preserve Trails 200,000 Cultural Resource Bid Construc- Bridge HCFC Bid/Award Construction

Community 2H Pond Park 125,000 Bid Construction

Linear Pond Park 100,000 T I M I M T Bid Construction Town Lake Park 150,000 Design Village Park 200,000 Design Subtotal 1,985,000

PATHWAYS AB Gosling to CP 242 East 3400 136,000 Design Bid Construction W A Y W Timarron S1 2500’ 100,000 Construction

Timarron S5/6 1200’ 48,000 Construction

Creekside Green 2-I 2500’ 100,000 Construction Construction Creekside Green 2-J-2 1050’ 42,000 Construction

A T H H A T Lake Paloma 2N 2200’ 88,000 Construction Lake Paloma 2I 2500’ 100,000 Construction

Lake Paloma 2M 1500’ 60,000 Construction

Creekside Forest Bl. 3 A/B 2600’ 104,000 Construction

& P & Jagged Ridge S14 1950’ 78,000 Construction Jagged Ridge S21 1650’ 66,000 Construction

Sterling Ridge May Valley 11000’ 280,000 Construction Construction Subtotal 1,202,000

Total 3,187,000

127 1/11/11 P A R K P A R 128

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Joint Election Agreement with Montgomery County Election Services Agreement with Montgomery County Agreement with Premier Voting Systems for the rental of electronic voting systems

FACTS/HISTORY:

As in the past, the Township is proposing to hold its annual directors election jointly with Montgomery County, however, since there is no Harris County polling place yet established in Creekside Village, it will be necessary to lease the necessary voting equipment and provide for a polling place and election officials in the Harris County portion of the Township. To conduct the joint election with Montgomery County, it will be necessary to enter into a Joint Election Agreement and an Election Services Agreement with Montgomery County.

Schwartz, Page & Harding L.L.P. has a master agreement with Premier Voting Systems (the vendor for Harris County) to provide voting systems to its clients. In order to take advantage of this master agreement, the Township will need to enter into a supplemental agreement with Premier to provide the necessary equipment, training and programming.

RECOMMENDED BOARD ACTION:

Authorize the President/General Manager to execute all such agreements on behalf of the Township.

129 Joint Election Agreement

WHEREAS, the undersigned Political Subdivisions (collectively referred to hereinafter as "Participating Entities") will each hold an election on May 14, 2011; and,

WHEREAS, Montgomery County Elections Administrator, Carol Gaultney, as Montgomery County’s Elections Officer, has entered into separate agreements with each of the undersigned Participating Entities wherein the County’s Elections Officer will administer elections occurring on May 14, 2011, to be held in precincts in Montgomery County, as authorized under Subchapter D of Chapter 31 of the Texas Elections Code ("Election Services Agreements"); and

WHEREAS, the Participating Entities desire to enter into a Joint Election Agreement for the purpose of sharing election equipment, election officials, precinct polling locations and electronic voting equipment where appropriate.

NOW, THEREFORE, Participating Entities enter this Joint Election Agreement under the terms that follow:

I. Scope of Joint Election Agreement

The Participating Entities enter this Joint Election Agreement ("Agreement") for the purpose of jointly conducting elections to be held on May 14, 2011.

II. Appoint Election Officer

The Participating Entities appoint Carol Gaultney, Montgomery County Elections Administrator (“Contracting Officer”), to serve as the Election Officer to perform the duties and responsibilities of Election Officer itemized in the Election Services Agreements for the May 14, 2011 Joint Election.

III. Early Voting and Election Day

Early voting and election day voting shall be held in common precincts where appropriate, at the dates, times, and locations adopted by Montgomery County Commissioners’ Court and/or authorized and ordered by the governing body of each Participating Entity.

IV. Joint Election Costs; Adjustment of Costs in the Event of Cancellation of Election; Payment

The estimated election expenses for each Participating Entity, including administrative costs and expenses for facilities, personnel, supplies, equipment and training for each Participating Entity, are reflected in the Cost Estimate incorporated into each Election Services Agreement. The Participating Entities agree that they will be responsible for and will pay from budgeted funds their share of the actual election expenses attributable to each entity according to the table incorporated in the Election Services Agreements.

V. Reasonable Cooperation

The Participating Entities agree to reasonably cooperate with each other as is necessary to carry out the terms of this Agreement.

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VI. Miscellaneous Provisions

1. This Agreement becomes effective with respect to each Participating Entity upon execution by that Participating Entity. The obligations of this Agreement will continue as to each Participating Entity until each Participating Entity has made full payment of its share of election costs under this Agreement and their respective Election Services Agreement, which costs are related to the May 14, 2011 Election.

2. If for any reason a Participating Entity does not hold an Election, this Joint Election Agreement shall remain in effect between all remaining Participating Entities.

3. Notices given under this Agreement must be in writing and may be affected by hand delivery, fax, email, or by certified mail to the Contracting Officer and/or the Participating Entities at the addresses listed on their respective signature blocks below.

4. This Agreement may not be amended or modified except in writing executed by the Contracting Officer and the respective Participating Entity with whom the amendment or modification has been mutually agreed.

5. The obligations under this Agreement are performable in Montgomery County, Texas.

6. Venue for any dispute arising under this Agreement shall be in Montgomery County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America.

7. If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the remaining provisions of this Agreement; and the Participating Entities shall perform their obligations under this Agreement as expressed in the terms and provisions of this Agreement.

8. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original for all purposes. Faxed signatures and/or electronic signatures shall have the same force and effect as an original signature.

IN TESTIMONY WHEREOF, this Agreement is executed by the Contracting Officer and each Participating Entity on the dates indicated below.

See attached signature page(s):

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131 DATE SIGNED:

January 10, 2011 Signature: Date Printed name: Carol Gaultney “Contracting Officer” All correspondence to be directed to:

Montgomery County Elections Office Address: P. O. Box 2646 City, State, Zip: Conroe, Texas 77305-2646 Telephone: (936) 539-7843 Fax: (936) 538-8143 Email: [email protected]

______Signature: Date Printed name: Political Subdivision: Address: City, State, Zip: Telephone: Fax: Email:

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132

ELECTION SERVICES AGREEMENT

STATE OF TEXAS

COUNTY OF MONTGOMERY

THIS CONTRACT is made this 10th day of January, 2011, by and between the Political Subdivision of ______, hereinafter called “Political Subdivision” and Montgomery County, Texas, by its County Elections Officer, Carol Gaultney, hereinafter called “Contracting Officer,” pursuant to Texas Election Code Section 31.092. The parties agree to hold a May 14, 2011 Joint Election with all participating Political Subdivisions in accordance with Chapter 271 of the Texas Election Code and this Agreement. This Agreement is entered into in consideration of the mutual covenants and promises hereinafter set out:

1. RECITALS. Contracting Officer is the Elections Administrator of Montgomery County, Texas, and is the County Officer in charge of election duties. Political Subdivision is a political entity situated wholly or partially within Montgomery County, Texas. Political Subdivision and Contracting Officer have determined that it is in the public interest of Montgomery County voters that the following contract be made and entered into for the purpose of having Contracting Officer furnish to Political Subdivision certain election services and equipment needed by Political Subdivision in connection with the holding of its May 14, 2011 Election. Montgomery County’s certified Hart InterCivic eSlate Version 6.2 electronic voting equipment is to be used in the May 14, 2011 Joint Election, hereinafter called “Joint Election.”

2. DUTIES AND SERVICES OF CONTRACTING OFFICER. Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment:

(a) Notify and coordinate presiding election judges, alternate judges, and all other election officials appointed by Montgomery County Commissioners’ Court and the County Election Board. Montgomery County will make emergency appointments of election officials if necessary. If for any reason Montgomery County does not have a May 14 Election, participating Political Subdivision will appoint election officials as recommended by Contracting Officer.

(b) Arrange for training of election officials through a third party or conduct necessary training. Notify all early voting and election day officials of the date, time and place thereof.

(c) Arrange for the use of early voting locations per the attached Exhibit A and election day polling locations per the attached Exhibit B. If the need arises for emergency replacement polling location(s), Contracting Officer shall make necessary alternate arrangements and shall notify Political Subdivision as soon as possible.

(d) Procure election kits and supplies and distribute to the precinct judges and early voting deputies. Assemble and edit lists of registered voters to be used in conducting the election in conformity with the boundaries of Political Subdivision and the election precincts established for the election. The Election Day list of registered voters shall be arranged in alphabetical order by voting precinct in lieu of alphabetical order by political entity.

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(e) Prepare and test all electronic voting equipment, format ballot styles, record audio, oversee all equipment and voter registration database programming, assure compliance with equipment security requirements, and arrange for transport of equipment to and from polling locations.

(f) Serve as Early Voting Clerk for the Joint Election. Process, print, mail, and tabulate ballots for any eligible voter who applies for a ballot by mail including all eligible FPCA applicants. Supervise the conduct of early voting in person and appoint sufficient personnel to serve as deputy early voting clerks. Provide access to list of early voters as provided by law through Montgomery County Elections public information website.

(g) Publish legal notice of the date, time, and place of the public logic and accuracy test. Prepare test materials and conduct internal election testing, public logic and accuracy test, and tests of tabulation equipment. Contracting Officer shall also publish a joint election notice one time in English and Spanish in Montgomery County newspaper(s).

(h) Arrange for the early ballot board, signature verification committee, tabulation personnel, and all equipment and supplies needed at central counting station. Tabulate early voting, election night, paper ballots and provisional ballots. Tabulate unofficial returns and assist in preparing the tabulation for the official canvass. Provide voter history list as provided by law through Montgomery County Elections public information website.

(i) Serve as Custodian of Records for election records in Contracting Officer’s custody and provide for the 22-month and permanent storage of said election records as provided by law.

(j) Provide information services for voters and election officers.

(k) Maintain accurate records of all expenses incurred in connection with the responsibilities under this Agreement and provide Political Subdivision a final invoice after the conduct of the election. Provide any detailed backup to such invoice, if requested, reflecting the charges or components of the costs set forth on the invoice submitted to Political Subdivision.

(l) Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code if required precincts and races are provided by the Secretary of State or Political Subdivision. A written report shall be submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned Election Code. If requested, Contracting Officer shall provide a written report to Political Subdivision in a timely manner.

(m) The Contracting Officer shall place the funds paid by Political Subdivision hereunder in a "contract fund" as prescribed by Section 31.100 of the Texas Election Code.

3. DUTIES AND SERVICES OF POLITICAL SUBDIVISION. Political Subdivision shall be responsible for performing the following duties:

(a) Prepare all election orders, resolutions, notices, and other pertinent documents for adoption and execution by the appropriate Political Subdivision officer or body. Take all actions necessary for calling the Joint Election which are required by the Texas Election Code and/or the Political Subdivision’s governing body, charter, ordinances, or other applicable laws. Execute a Joint Election Agreement with all participating Political Subdivisions for the purpose of sharing election equipment, election officials, county precinct polling locations, and costs. Serve as Custodian of P:\2011.05.14 Election\Contracts\Election Services Agreement 05.14.2011.docx

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Records for all election records in its possession as provided by law.

(b) Political Subdivision shall be responsible for the legal sufficiency of any order calling their election. Political Subdivision shall be responsible for all substantive and procedural legal issues governing the conduct of their election. Political Subdivision understands and agrees that Contracting Officer provides no legal advice to Political Subdivision.

(c) Adopt the county voting precincts and polling locations for this election. Adopt all early voting dates, times, and locations on the attached Exhibit A. Political Subdivision shall adopt the election day precinct polling locations on the attached Exhibit B for each county voting precinct that is within its jurisdictional boundaries as listed on the appropriate section of the attached Exhibit B. Political Subdivision shall timely confirm the accuracy of its street boundaries and precincts if required.

(d) Prepare any necessary preclearance submission on all voting changes made by Political Subdivision and timely submit to the US Department of Justice under the Federal Voting Rights Act of 1965, as amended.

(e) Prepare, post, and publish all required election notices for Political Subdivision with the exception of the joint election notice and the public test notice that Contracting Officer shall publish. In addition, if this election’s polling locations are different than Political Subdivision’s previous election, Political Subdivision shall post notice at the entrance to any previous polling places in its jurisdiction stating that the location has changed and provide the polling location and address for those voters for this election, pursuant to Texas Election Code Section 43.062, unless County has posted the change for their election. Educate the voters in Political Subdivision as much as possible on early voting dates, times, and locations and election day polling locations.

(f) Political Subdivision shall confirm with Contracting Officer its boundaries, county voting precincts and street details within those boundaries. If boundaries are not defined properly within Montgomery County Elections voter registration database, maps and street lists with block ranges and odd/even/both indicators must be provided to Contracting Officer. Political Subdivision must proof and approve all programming work done for the jurisdiction according to the Exhibit C Timetable. Annexations or boundary changes must be provided and changes confirmed according to the Exhibit C Timetable.

(g) Deliver to Contracting Officer, according to the attached Exhibit C Timetable, signed contracts, Entity Fact Sheet, ballot language with Spanish translations, candidate names or measures, and the order in which they are to be printed on the ballot with the exact form and spelling. Provide pronunciation for difficult names or words to use on the audio recording. Timely review and sign off on ballot proofs.

(h) Appoint Carol Gaultney as Early Voting Clerk to receive ballot by mail applications. All requests for early voting ballots to be voted by mail that are received by Political Subdivision must be hand delivered or faxed to Contracting Officer on the day of receipt. If the application is faxed, the original application must be mailed to Contracting Officer. Contracting Officer will process applications, mail appropriate ballots, and tabulate.

(i) If for any reason Montgomery County does not have a May 14 Election, participating Political Subdivision will appoint election officials as recommended by Contracting Officer. P:\2011.05.14 Election\Contracts\Election Services Agreement 05.14.2011.docx

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(j) If requested, assist Contracting Officer in recruiting bilingual poll workers. Provide documentation on Political Subdivision’s efforts to recruit bilingual poll workers if requested by the DOJ.

(k) If candidate information packet is provided to Political Subdivision by Contracting Officer, distribute to all candidates at time of candidate filing or in another appropriate manner.

(l) Pay prorated additional costs incurred by Contracting Officer if a recount for said election is required, the election is contested in any manner, or a runoff is required.

(m) Canvass the returns and declare the election results for Political Subdivision. Political Subdivision is responsible for filing any precinct reports required by the Secretary of State unless both parties agree that Contracting Officer will submit precinct reports to Secretary of State.

(n) Political Subdivision shall pay a deposit of 60% of its estimated cost per the Exhibit D Cost Estimate. Checks shall be made payable to Montgomery County Elections Administrator, P. O. Box 2646, Conroe, Texas, 77305-2646, and shall be received by Contracting Officer on or before the deadline in Exhibit C Timetable. Political Subdivision shall pay the balance for conducting said election within thirty days from the date of final invoice. All payments shall be made from current revenues available to Political Subdivision. If the amount owed for conducting the election is less than the deposit paid by Political Subdivision, Contracting Officer shall return the overpayment together with the final invoice of costs of conducting the election, with such refund to be paid in a prompt manner.

4. COST OF SERVICES. Political Subdivision shall share some expenses for the above services, supplies and equipment in accordance with the attached Exhibit D Cost Estimate. This cost estimate is only an estimate and it may be amended, if necessary, after filing deadlines and election cancellations. Additional elections may lower costs for each entity, and election cancellations may raise costs for each entity. It is understood that other political entities may wish to participate in the use of the County’s electronic voting equipment and polling locations, and it is agreed that Contracting Officer may enter into other contracts with entities for those purposes on terms and conditions generally similar to those set forth in this Agreement. Only the actual expenses directly attributable to this Agreement and any prorated shared expenses may be charged to Political Subdivision, plus a 10% administrative fee.

5. GENERAL CONDITIONS.

(a) The parties agree that the timing is critical on all duties in this Agreement. Lack of adherence to any deadline in the Exhibit C Timetable without prior agreement of Contracting Officer may result in cancellation of Contracting Officer’s duties and obligations to conduct Political Subdivision’s election under this Agreement or, at the discretion of Contracting Officer, a late penalty surcharge in an amount not to exceed 10% of the final election cost. Adherence to the Timetable is critical because of Montgomery County’s obligation to complete all programming and testing and to process, print and mail military and overseas ballots by state/federal deadlines and Montgomery County’s duty to conduct federal, state, county and/or other contracted elections.

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(b) In accordance with Section 31.098 of the Texas Election Code, Contracting Officer is authorized to contract with third persons for election services and supplies and is authorized to hire necessary temporary personnel to perform contracted duties. Part-time personnel will be compensated at the hourly rate set by Montgomery County.

(c) In accordance with Section 31.100(d), Contracting Officer may not be personally compensated for election services performed under this contract. In accordance with Section 31.100(e) of the Texas Election Code, only overtime charges for full-time county employees will be allocated to Political Subdivisions contracting with Contracting Officer.

(d) Political Subdivision acknowledges that electronic voting equipment is highly technical and it is conceivable that, despite the best effort of the parties and technical assistance, it might fail during the election. Contracting Officer will do whatever is possible to remedy the situation, but Political Subdivision agrees that should such equipment fail, it will not make any claim for damages of any kind.

(e) The six county early voting sites as per the attached Exhibit A will be used for the Joint Election. Any qualified voter in the Joint Election may vote early by personal appearance at any of the joint early voting locations in Exhibit A.

(f) Montgomery County Elections Department is contracting with numerous political entities for the Joint Election, and the parties agree that all ballot styles will be programmed into one electronic voting system. Each voter will receive one ballot which contains all races and issues in the Joint Election for which the voter is eligible at the address and in the precinct in which the voter is currently registered in Montgomery County. One joint voter sign-in process consisting of a common list of registered voters and common signature rosters shall be used in precincts in which the county polling locations are used.

(g) The Contracting Officer shall file copies of this Agreement with the Auditor and Treasurer of Montgomery County not later than the 10th day from receipt of the fully executed contract by Contracting Officer.

(h) Montgomery County is self insured for personal liability issues. Should Political Subdivision desire insurance for injuries during this election or other liabilities, they shall make such arrangements separate from this Agreement.

(i) In the event that the performance by Contracting Officer of any of its obligations hereunder shall be interrupted or delayed by any occurrence not occasioned by its own conduct, whether such occurrence be an act of God or the result of war, riot, civil commotion, sovereign conduct, or the act or condition of any persons not a party thereof, then it shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof.

(j) The parties to this Agreement agree that Political Subdivision may cancel this Agreement in the event that it has no need to conduct an election on May 14, 2011. If Political Subdivision’s election is cancelled after deadline in Timetable C, a $200 contract preparation and processing fee will be due in addition to any costs incurred by Contracting Officer on behalf of Political Subdivision prior to said cancellation.

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(k) Political Subdivision has the option of extending some of the terms of this Agreement through its runoff election, if applicable. Political Subdivision will be responsible for locating acceptable runoff polling locations. Contracting Officer may assist, but it is the Political Subdivision’s responsibility to find acceptable polling locations. Political Subdivision may reduce the number of early voting locations and/or election day voting locations in a runoff election. If Political Subdivision elects to have Contracting Officer conduct a runoff election, the date must be acceptable to Contracting Officer and will be coordinated with other participating entities. The cost will be determined by the number of entities participating and the actual costs plus administrative fees. Political Subdivision will be responsible for all orders, notices, and notice of election publications required for its runoff except the publication of the public logic and accuracy test which Contracting Officer will publish.

The foregoing Election Services Agreement is made in Montgomery County, Texas, and signed on the dates below.

MONTGOMERY COUNTY, TEXAS

January 11, 2011 _ By: __ __ Date Signed Carol Gaultney, Elections Administrator “Contracting Officer” 9159 FM 1484 Conroe, Texas 77303 Phone: 936-539-7843 Fax: 936-538-8143 [email protected]

______“Political Subdivision”

______By: Date Signed Title: Address: City, State, Zip: Phone, Fax: Email:

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138 EXHIBIT A MAY 14, 2011 JOINT ELECTION EARLY VOTING POLLING LOCATIONS & TIMES

May 2 - 7 Monday – Saturday 8:00 am – 5:00 pm May 9 – 10 Monday – Tuesday 7:00 am – 7:00 pm

Election Central (Limited Ballots, Special Forms of Early Voting and Ballot by Mail only) 9159 FM 1484 Conroe, Texas 77303

Montgomery County Administration Annex 207 West Phillips - Conroe, Texas 77301

Magnolia Volunteer Fire Department #181 18215 Buddy Riley - Magnolia, Texas 77354

South County Community Building 2235 Lake Robbins Drive - The Woodlands, Texas 77380

North Montgomery County Community Center 600 Gerald Street - Willis, Texas 77378

East County Courthouse Annex 21130 U.S. Highway 59 South - New Caney, Texas 77357

West Montgomery County Annex 19380 Hwy 105 West - Montgomery, Texas 77356

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Montgomery County Elections Polling Location Information Report Exhibit B

For Election Day Report Time: 1/11/2011 11:23:19 AM

PCT Name of Facility Physical Address City Zip Code 01 Willis Community Building 109 West Mink Willis 77378 02 Lone Star College Conroe Center 102 Longview Drive Conroe 77301 03 The Woodlands High School 9th Grade Campus 10010 Branch Crossing Drive The Woodlands 77382 04 Copperwood Apartment Building 4407 South Panther Creek Drive The Woodlands 77381 05 Longstreet Community Building 20240 Bays Chapel Road Richards 77873 06 Oak Ridge Sr. High School 27330 Oak Ridge School Road Oak Ridge North 77385 07 New Caney Special Education Building 20387 FM 1485 West New Caney 77357 08 Browder Community Center Cedar Lane Loop & County Line Road Willis 77378 09 Dobbin Community Center 695 South FM 1486 Montgomery 77316 10 Washington Jr. High School 507 Dr. Martin L. King, Jr. Place North Conroe 77301 11 Lake Conroe Forest Community Building 610 Navajo Montgomery 77316 12 Security Community Building 18760 Highway 105 East Cleveland 77328 13 Decker Prairie Community Building 32434 Decker Prairie Road Magnolia 77355 14 Crippen Elementary School 18690 Cumberland Boulevard Porter 77365 15 Cornerstone Church 100 Mosswood Dr Conroe 77302 16 Splendora ISD Instructional Support Services 26175 FM 2090 Splendora 77372 17 First Baptist Church of Groceville 19256 FM 1484 Conroe 77303 18 Malcolm Purvis Library 510 Melton Magnolia 77354 19 Montgomery City Hall 101 Old Plantersville Road Montgomery 77316 20 Travis Intermediate School 1100 North Thompson Conroe 77301 21 Conroe High School - Visitors Side Field House 3200 West Davis - Voter entrance on Lo Conroe 77304 22 Lake Conroe Hills Community Building 13621 Lake Breeze Willis 77318 23 Cargill Education Support Center 204 West Rogers Willis 77378 24 Needham Fire Department Station 61 9430 Highway 242 East Conroe 77385 25 Living Faith Church 13850 FM 1314 Conroe 77302 26 East County Courthouse Annex 21130 Highway 59 South New Caney 77357 27 Rice Elementary School 904 Gladstell Conroe 77304 28 Decker Prairie Elementary School 27427 Decker Prairie Rosehill Road Magnolia 77355 29 W Montgomery County Community Development Center 31355 Friendship Drive Magnolia 77355 30 Magnolia High School 14250 FM 1488 Magnolia 77354 31 Shenandoah Municipal Complex 29955 I-45 North Shenandoah 77381 32 Wilkerson Intermediate School 12312 Sawmill Road The Woodlands 77380 33 South County Community Building 2235 Lake Robbins Drive The Woodlands 77380 34 Needham Fire Department Station 64 15341 Lake Lamond Road Conroe 77384 35 Robinson Road Community Building 27434 Robinson Road Oak Ridge North 77385 36 Bennette Estates Fire Station #71 15038 Calhoun Road Conroe 77302 37 Friendship United Methodist Church 22388 Ford Road Porter 77365 38 West Montgomery County Annex 19380 Highway 105 W., Suite 507 Montgomery 77356 39 Lone Star Elementary School 16600 FM 2854 Montgomery 77316 40 West Conroe Baptist Church 1855 Longmire Road Conroe 77304 41 Splendora Jr. High School 23411 FM 2090 Splendora 77372

140 PCT Name of Facility Physical Address City Zip Code 42 Caney Creek High School 13470 FM 1485 Conroe 77306 43 Panorama City Hall 99 Hiwon Drive Panorama 77304 44 Lone Star Convention Center 9055 Airport Road Conroe 77303 45 Timber Lakes/Timber Ridge Fire Station 3434 Royal Oaks Drive Spring 77380 46 Sue Broadway Elementary School 2855 Spring Trails Bend Spring 77386 47 South Montgomery County Fire Station #2 3355 Rayford Road Spring 77386 48 Sally K Ride Elementary School 4920 West Panther Creek Drive The Woodlands 77381 49 David Elementary School 5301 Shadowbend Place The Woodlands 77381 50 Far Hills Utility District Building 10320 Cude Cemetery Road Willis 77318 51 Central Library 104 I-45 North Conroe 77301 52 New Caney ISD Transportation Center 21026 Loop 494 New Caney 77357 53 Woodbranch City Hall 58 Woodbranch Drive New Caney 77357 54 Peach Creek Baptist Church 25963 FM 1485 East New Caney 77357 55 Grangerland Fire Station #41 16723 FM 2090 Grangerland 77306 56 Conroe Fire Station #4 250 Harpers Landing Boulevard The Woodlands 77385 57 Stow Away Marina Café 13988 Calvary Road Willis 77318 58 The Crossing Church 6265 Shadowbend Place The Woodlands 77381 59 Powell Elementary School 7332 Cochrans Crossing Drive The Woodlands 77381 60 Montgomery County Juvenile Facility 200 Academy Drive Conroe 77301 61 Community Christian Church 10801 Falconwing Dr The Woodlands 77381 62 Collins Intermediate School 6020 Shadowbend Place The Woodlands 77381 63 Montgomery ISD District Office 13159 Walden Road Montgomery 77356 64 Whispering Pines Baptist Church 15200 FM 1485 Conroe 77306 65 J. L. Lyon Elementary School 27035 Nichols Sawmill Road Magnolia 77355 66 Outback 30405 Dobbin Huffsmith Road Magnolia 77354 67 Lamar Elementary School 1300 Many Pines Road The Woodlands 77380 68 Knights of Columbus Hall 29327 South Plum Creek Drive Spring 77386 69 Barbara Bush Elementary School 7420 Crownridge Drive The Woodlands 77382 70 Bear Branch Recreation Center 5310 Research Forest Drive The Woodlands 77381 71 Buckalew Elementary School 4909 West Alden Bridge The Woodlands 77382 72 Bentwater Sports Club 800 Bentwater Drive Montgomery 77356 73 Conroe Public Works Service Center 401 Sgt. Ed Holcomb Boulevard South Conroe 77304 74 Smith Elementary School 28747 Hardin Store Road Magnolia 77354 75 Windsor Hills Homeowner's Association Club House One Windsor Hills Circle The Woodlands 77384 76 Woodland Place Baptist Church 5148 FM 1488 Magnolia 77354 77 April Sound Church 67 1/2 April Wind South Montgomery 77356 78 Galatas Elementary School 9001 Cochrans Crossing Drive The Woodlands 77381 79 Glen Loch Elementary School 27505 Glen Loch Drive The Woodlands 77381 80 Imperial Oaks Neighborhood Center 31110 Imperial Oaks Boulevard Spring 77386 81 Mitchell Intermediate School 6800 Alden Bridge The Woodlands 77382 82 Kingwood College Fine Arts Building 500 Royston Drive Kingwood 77339 83 Security Community Building 18760 Highway 105 East Cleveland 77328 *** Voting In 12 *** 84 South Montgomery County Fire Station # 1 335 Volunteer Lane @ Budde Spring 77380 85 Northridge Baptist Church 10681 FM 1484 Conroe 77303

141 Montgomery County Elections Box Totals Report Based On: City Report Time: 1/10/2011 8:40:44 AM Files Current as of 1/10/2011 5:10:05 AM

City of Conroe PCT Susp Non Sus Total PCT * 01 WILLIS COMMUNITY BUILDING 35 303 338 * 01 * 02 LONE STAR COLLEGE CONROE CENTER 98 1,138 1,236 * 02 10 WASHINGTON JR. HIGH SCHOOL 191 1,944 2,135 10 * 11 LAKE CONROE FOREST COMMUNITY BUILDING 330 33 * 11 20 TRAVIS INTERMEDIATE SCHOOL 142 1,773 1,915 20 21 CONROE HIGH SCHOOL - VISITORS SIDE FIELD HOUSE 267 1,464 1,731 21 * 25 LIVING FAITH CHURCH 19 377 396 * 25 * 27 RICE ELEMENTARY SCHOOL 413 2,249 2,662 * 27 * 34 NEEDHAM FIRE DEPARTMENT STATION 64 05 5 * 34 * 38 WEST MONTGOMERY COUNTY ANNEX 135 36 * 38 * 40 WEST CONROE BAPTIST CHURCH 300 2,683 2,983 * 40 * 43 PANORAMA CITY HALL 33 462 495 * 43 * 44 LONE STAR CONVENTION CENTER 165 1,504 1,669 * 44 51 CENTRAL LIBRARY 386 1,863 2,249 51 * 60 MONTGOMERY COUNTY JUVENILE FACILITY 59 757 816 * 60 * 73 CONROE PUBLIC WORKS SERVICE CENTER 103 1,584 1,687 * 73 * 75 WINDSOR HILLS HOMEOWNER'S ASSOCIATION CLUB HOUSE 195 1,441 1,636 * 75 2,410 19,612 22,022 17

City of Cut and Shoot PCT Susp Non Sus Total PCT * 17 FIRST BAPTIST CHURCH OF GROCEVILLE 33 602 635 * 17 * 55 GRANGERLAND FIRE STATION #41 9 104 113 * 55 * 60 MONTGOMERY COUNTY JUVENILE FACILITY 16 7 * 60 43 712 755 3

City of Houston PCT Susp Non Sus Total PCT * 37 FRIENDSHIP UNITED METHODIST CHURCH 168 641 809 * 37 * 82 KINGWOOD COLLEGE FINE ARTS BUILDING 132 393 525 * 82 300 1,034 1,334 2

City of Magnolia PCT Susp Non Sus Total PCT * 18 MALCOLM PURVIS LIBRARY 25 556 581 * 18 * 29 W MONTGOMERY COUNTY COMMUNITY DEVELOPMENT CENTER 51 216 267 * 29 76 772 848 2

* Jurisdiction Occupies only a part of the Precinct

142 City of Montgomery PCT Susp Non Sus Total PCT * 19 MONTGOMERY CITY HALL 25 298 323 * 19 * 38 WEST MONTGOMERY COUNTY ANNEX 372 75 * 38 * 39 LONE STAR ELEMENTARY SCHOOL 12 3 * 39 29 372 401 3

City of Oak Ridge North PCT Susp Non Sus Total PCT * 06 OAK RIDGE SR. HIGH SCHOOL 84 1,466 1,550 * 06 * 35 ROBINSON ROAD COMMUNITY BUILDING 29 799 828 * 35 113 2,265 2,378 2

City of Panorama Village PCT Susp Non Sus Total PCT * 43 PANORAMA CITY HALL 101 1,615 1,716 * 43 101 1,615 1,716 1

City of Patton Village PCT Susp Non Sus Total PCT * 16 SPLENDORA ISD INSTRUCTIONAL SUPPORT SERVICES 54 570 624 * 16 * 53 WOODBRANCH CITY HALL 556 61 * 53 59 626 685 2

City of Roman Forest PCT Susp Non Sus Total PCT * 53 WOODBRANCH CITY HALL 66 1,029 1,095 * 53 66 1,029 1,095 1

City of Shenandoah PCT Susp Non Sus Total PCT * 06 OAK RIDGE SR. HIGH SCHOOL 18 127 145 * 06 * 24 NEEDHAM FIRE DEPARTMENT STATION 61 30 66 96 * 24 * 31 SHENANDOAH MUNICIPAL COMPLEX 62 1,250 1,312 * 31 110 1,443 1,553 3

City of Splendora PCT Susp Non Sus Total PCT * 16 SPLENDORA ISD INSTRUCTIONAL SUPPORT SERVICES 57 544 601 * 16 * 41 SPLENDORA JR. HIGH SCHOOL 23 160 183 * 41 80 704 784 2

City of Stagecoach PCT Susp Non Sus Total PCT * 13 DECKER PRAIRIE COMMUNITY BUILDING 12 356 368 * 13 * 28 DECKER PRAIRIE ELEMENTARY SCHOOL 015 15 * 28 12 371 383 2

* Jurisdiction Occupies only a part of the Precinct

143 City of Willis PCT Susp Non Sus Total PCT * 01 WILLIS COMMUNITY BUILDING 114 802 916 * 01 * 22 LAKE CONROE HILLS COMMUNITY BUILDING 87 222 309 * 22 * 23 CARGILL EDUCATION SUPPORT CENTER 78 647 725 * 23 * 43 PANORAMA CITY HALL 03 3 * 43 * 50 FAR HILLS UTILITY DISTRICT BUILDING 01 1 * 50 * 85 NORTHRIDGE BAPTIST CHURCH 242 44 * 85 281 1,717 1,998 6

City of Woodbranch Village PCT Susp Non Sus Total PCT * 53 WOODBRANCH CITY HALL 44 809 853 * 53 44 809 853 1

City of Woodloch PCT Susp Non Sus Total PCT * 56 CONROE FIRE STATION #4 3 143 146 * 56 3 143 146 1

3,727 33,224 36,951

* Jurisdiction Occupies only a part of the Precinct

144 Montgomery County Elections Box Totals Report Based On: ESDs Report Time: 1/10/2011 8:40:22 AM Files Current as of 1/10/2011 5:10:05 AM

Emergency Services District 1 PCT Susp Non Sus Total PCT * 01 WILLIS COMMUNITY BUILDING 134 1,084 1,218 * 01 * 08 BROWDER COMMUNITY CENTER 133 2,030 2,163 * 08 * 17 FIRST BAPTIST CHURCH OF GROCEVILLE 42 837 879 * 17 22 LAKE CONROE HILLS COMMUNITY BUILDING 329 3,062 3,391 22 23 CARGILL EDUCATION SUPPORT CENTER 236 2,451 2,687 23 * 40 WEST CONROE BAPTIST CHURCH 68 605 673 * 40 * 43 PANORAMA CITY HALL 112 1,768 1,880 * 43 50 FAR HILLS UTILITY DISTRICT BUILDING 178 2,627 2,805 50 57 STOW AWAY MARINA CAFÉ 179 1,971 2,150 57 * 85 NORTHRIDGE BAPTIST CHURCH 201 2,510 2,711 * 85 1,612 18,945 20,557 10

Emergency Services District 2 PCT Susp Non Sus Total PCT 05 LONGSTREET COMMUNITY BUILDING 8 235 243 05 09 DOBBIN COMMUNITY CENTER 68 1,296 1,364 09 19 MONTGOMERY CITY HALL 169 2,269 2,438 19 * 30 MAGNOLIA HIGH SCHOOL 8 166 174 * 30 * 38 WEST MONTGOMERY COUNTY ANNEX 130 1,718 1,848 * 38 * 39 LONE STAR ELEMENTARY SCHOOL 82 1,154 1,236 * 39 63 MONTGOMERY ISD DISTRICT OFFICE 399 4,655 5,054 63 72 BENTWATER SPORTS CLUB 105 2,777 2,882 72 969 14,270 15,239 8

Emergency Services District 3 PCT Susp Non Sus Total PCT 11 LAKE CONROE FOREST COMMUNITY BUILDING 280 3,862 4,142 11 * 38 WEST MONTGOMERY COUNTY ANNEX 531 36 * 38 * 39 LONE STAR ELEMENTARY SCHOOL 126 2,522 2,648 * 39 * 40 WEST CONROE BAPTIST CHURCH 13 171 184 * 40 77 APRIL SOUND CHURCH 219 3,322 3,541 77 643 9,908 10,551 5

* Jurisdiction Occupies only a part of the Precinct

145 Emergency Services District 4 PCT Susp Non Sus Total PCT * 06 OAK RIDGE SR. HIGH SCHOOL 19 184 203 * 06 24 NEEDHAM FIRE DEPARTMENT STATION 61 121 1,012 1,133 24 * 31 SHENANDOAH MUNICIPAL COMPLEX 76 1,439 1,515 * 31 * 34 NEEDHAM FIRE DEPARTMENT STATION 64 75 1,722 1,797 * 34 * 56 CONROE FIRE STATION #4 91 1,727 1,818 * 56 * 75 WINDSOR HILLS HOMEOWNER'S ASSOCIATION CLUB HOUSE 491 95 * 75 * 76 WOODLAND PLACE BAPTIST CHURCH 23 495 518 * 76 409 6,670 7,079 7

Emergency Services District 5 PCT Susp Non Sus Total PCT * 02 LONE STAR COLLEGE CONROE CENTER 154 55 * 02 15 CORNERSTONE CHURCH 188 3,217 3,405 15 * 25 LIVING FAITH CHURCH 76 918 994 * 25 * 36 BENNETTE ESTATES FIRE STATION #71 12 191 203 * 36 277 4,380 4,657 4

Emergency Services District 6 PCT Susp Non Sus Total PCT 14 CRIPPEN ELEMENTARY SCHOOL 196 2,742 2,938 14 * 26 EAST COUNTY COURTHOUSE ANNEX 40 439 479 * 26 * 37 FRIENDSHIP UNITED METHODIST CHURCH 295 2,836 3,131 * 37 * 52 NEW CANEY ISD TRANSPORTATION CENTER 251 2,026 2,277 * 52 * 64 WHISPERING PINES BAPTIST CHURCH 3 102 105 * 64 * 82 KINGWOOD COLLEGE FINE ARTS BUILDING 403 4,372 4,775 * 82 1,188 12,517 13,705 6

Emergency Services District 7 PCT Susp Non Sus Total PCT * 07 NEW CANEY SPECIAL EDUCATION BUILDING 100 1,477 1,577 * 07 * 25 LIVING FAITH CHURCH 124 25 * 25 * 26 EAST COUNTY COURTHOUSE ANNEX 178 1,407 1,585 * 26 * 36 BENNETTE ESTATES FIRE STATION #71 17 226 243 * 36 * 41 SPLENDORA JR. HIGH SCHOOL 16 284 300 * 41 * 42 CANEY CREEK HIGH SCHOOL 18 337 355 * 42 * 52 NEW CANEY ISD TRANSPORTATION CENTER 71 566 637 * 52 * 53 WOODBRANCH CITY HALL 157 2,307 2,464 * 53 54 PEACH CREEK BAPTIST CHURCH 113 1,251 1,364 54 * 64 WHISPERING PINES BAPTIST CHURCH 130 1,595 1,725 * 64 801 9,474 10,275 10

* Jurisdiction Occupies only a part of the Precinct

146 Emergency Services District 8 PCT Susp Non Sus Total PCT * 06 OAK RIDGE SR. HIGH SCHOOL 167 2,936 3,103 * 06 * 32 WILKERSON INTERMEDIATE SCHOOL 320 23 * 32 35 ROBINSON ROAD COMMUNITY BUILDING 226 2,464 2,690 35 46 SUE BROADWAY ELEMENTARY SCHOOL 199 3,936 4,135 46 47 SOUTH MONTGOMERY COUNTY FIRE STATION #2 402 4,653 5,055 47 * 67 LAMAR ELEMENTARY SCHOOL 05 5 * 67 68 KNIGHTS OF COLUMBUS HALL 318 3,552 3,870 68 80 IMPERIAL OAKS NEIGHBORHOOD CENTER 276 4,150 4,426 80 * 84 SOUTH MONTGOMERY COUNTY FIRE STATION # 1 434 1,386 1,820 * 84 2,025 23,102 25,127 9

Emergency Services District 9 PCT Susp Non Sus Total PCT * 02 LONE STAR COLLEGE CONROE CENTER 786 93 * 02 * 12 SECURITY COMMUNITY BUILDING 12 160 172 * 12 * 25 LIVING FAITH CHURCH 47 602 649 * 25 * 36 BENNETTE ESTATES FIRE STATION #71 192 1,934 2,126 * 36 * 42 CANEY CREEK HIGH SCHOOL 54 665 719 * 42 * 55 GRANGERLAND FIRE STATION #41 83 1,273 1,356 * 55 * 64 WHISPERING PINES BAPTIST CHURCH 347 50 * 64 398 4,767 5,165 7

Emergency Services District 10 PCT Susp Non Sus Total PCT * 03 THE WOODLANDS HIGH SCHOOL 9TH GRADE CAMPUS 27 499 526 * 03 13 DECKER PRAIRIE COMMUNITY BUILDING 150 2,593 2,743 13 18 MALCOLM PURVIS LIBRARY 199 2,422 2,621 18 28 DECKER PRAIRIE ELEMENTARY SCHOOL 196 2,314 2,510 28 29 W MONTGOMERY COUNTY COMMUNITY DEVELOPMENT CENTER 404 4,887 5,291 29 * 30 MAGNOLIA HIGH SCHOOL 278 4,197 4,475 * 30 * 34 NEEDHAM FIRE DEPARTMENT STATION 64 23 338 361 * 34 65 J. L. LYON ELEMENTARY SCHOOL 244 3,640 3,884 65 66 OUTBACK 229 2,904 3,133 66 74 SMITH ELEMENTARY SCHOOL 341 4,603 4,944 74 * 76 WOODLAND PLACE BAPTIST CHURCH 159 2,322 2,481 * 76 * 81 MITCHELL INTERMEDIATE SCHOOL 34 323 357 * 81 2,284 31,042 33,326 12

Emergency Services District 11 PCT Susp Non Sus Total PCT * 12 SECURITY COMMUNITY BUILDING 10 205 215 * 12 * 16 SPLENDORA ISD INSTRUCTIONAL SUPPORT SERVICES 245 2,820 3,065 * 16 * 41 SPLENDORA JR. HIGH SCHOOL 165 2,444 2,609 * 41 * 53 WOODBRANCH CITY HALL 556 61 * 53 425 5,525 5,950 4

* Jurisdiction Occupies only a part of the Precinct

147 Emergency Services District 12 PCT Susp Non Sus Total PCT * 08 BROWDER COMMUNITY CENTER 227 29 * 08 * 12 SECURITY COMMUNITY BUILDING 117 1,092 1,209 * 12 * 17 FIRST BAPTIST CHURCH OF GROCEVILLE 110 1,578 1,688 * 17 * 41 SPLENDORA JR. HIGH SCHOOL 12 62 74 * 41 * 55 GRANGERLAND FIRE STATION #41 37 517 554 * 55 * 60 MONTGOMERY COUNTY JUVENILE FACILITY 36 262 298 * 60 83 SECURITY COMMUNITY BUILDING 48 910 958 83 * 85 NORTHRIDGE BAPTIST CHURCH 019 19 * 85 362 4,467 4,829 8

Emergency Services District 14 PCT Susp Non Sus Total PCT * 32 WILKERSON INTERMEDIATE SCHOOL 11 111 122 * 32 * 45 TIMBER LAKES/TIMBER RIDGE FIRE STATION 102 1,441 1,543 * 45 * 79 GLEN LOCH ELEMENTARY SCHOOL 15 155 170 * 79 * 84 SOUTH MONTGOMERY COUNTY FIRE STATION # 1 66 126 192 * 84 194 1,833 2,027 4

11,587 146,900 158,487

* Jurisdiction Occupies only a part of the Precinct

148 Montgomery County Elections Box Totals Report Based On: IMPD Report Time: 1/10/2011 8:40:29 AM Files Current as of 1/10/2011 5:10:05 AM

East Montgomery County Improvement District PCT Susp Non Sus Total PCT * 07 NEW CANEY SPECIAL EDUCATION BUILDING 70 1,079 1,149 * 07 * 12 SECURITY COMMUNITY BUILDING 17 365 382 * 12 * 14 CRIPPEN ELEMENTARY SCHOOL 180 2,507 2,687 * 14 16 SPLENDORA ISD INSTRUCTIONAL SUPPORT SERVICES 248 2,849 3,097 16 * 26 EAST COUNTY COURTHOUSE ANNEX 216 1,813 2,029 * 26 * 37 FRIENDSHIP UNITED METHODIST CHURCH 295 2,836 3,131 * 37 * 41 SPLENDORA JR. HIGH SCHOOL 187 2,770 2,957 * 41 52 NEW CANEY ISD TRANSPORTATION CENTER 322 2,592 2,914 52 53 WOODBRANCH CITY HALL 162 2,363 2,525 53 54 PEACH CREEK BAPTIST CHURCH 113 1,251 1,364 54 * 64 WHISPERING PINES BAPTIST CHURCH 563 68 * 64 * 82 KINGWOOD COLLEGE FINE ARTS BUILDING 403 4,372 4,775 * 82 2,218 24,860 27,078 12

Lazy River Improvement District PCT Susp Non Sus Total PCT * 56 CONROE FIRE STATION #4 16 353 369 * 56 16 353 369 1

Shenandoah Municipal Development District PCT Susp Non Sus Total PCT * 06 OAK RIDGE SR. HIGH SCHOOL 24 253 277 * 06 * 24 NEEDHAM FIRE DEPARTMENT STATION 61 38 221 259 * 24 * 31 SHENANDOAH MUNICIPAL COMPLEX 67 1,474 1,541 * 31 * 62 COLLINS INTERMEDIATE SCHOOL 78 187 265 * 62 207 2,135 2,342 4

* Jurisdiction Occupies only a part of the Precinct

149 The Woodlands Township PCT Susp Non Sus Total PCT * 03 THE WOODLANDS HIGH SCHOOL 9TH GRADE CAMPUS 436 4,570 5,006 * 03 04 COPPERWOOD APARTMENT BUILDING 261 1,543 1,804 04 * 31 SHENANDOAH MUNICIPAL COMPLEX 169 1,491 1,660 * 31 * 32 WILKERSON INTERMEDIATE SCHOOL 288 1,946 2,234 * 32 33 SOUTH COUNTY COMMUNITY BUILDING 180 1,642 1,822 33 * 45 TIMBER LAKES/TIMBER RIDGE FIRE STATION 73 980 1,053 * 45 48 SALLY K RIDE ELEMENTARY SCHOOL 186 2,279 2,465 48 49 DAVID ELEMENTARY SCHOOL 178 2,110 2,288 49 * 56 CONROE FIRE STATION #4 182 2,130 2,312 * 56 58 THE CROSSING CHURCH 166 2,330 2,496 58 59 POWELL ELEMENTARY SCHOOL 125 1,484 1,609 59 61 COMMUNITY CHRISTIAN CHURCH 335 3,992 4,327 61 * 62 COLLINS INTERMEDIATE SCHOOL 122 2,226 2,348 * 62 * 67 LAMAR ELEMENTARY SCHOOL 220 2,461 2,681 * 67 69 BARBARA BUSH ELEMENTARY SCHOOL 275 3,640 3,915 69 70 BEAR BRANCH RECREATION CENTER 167 2,578 2,745 70 71 BUCKALEW ELEMENTARY SCHOOL 341 3,596 3,937 71 * 75 WINDSOR HILLS HOMEOWNER'S ASSOCIATION CLUB HOUSE 210 2,340 2,550 * 75 78 GALATAS ELEMENTARY SCHOOL 350 3,877 4,227 78 * 79 GLEN LOCH ELEMENTARY SCHOOL 216 1,694 1,910 * 79 * 81 MITCHELL INTERMEDIATE SCHOOL 250 2,382 2,632 * 81 * 84 SOUTH MONTGOMERY COUNTY FIRE STATION # 1 180 1,236 1,416 * 84 4,910 52,527 57,437 22

Westwood Magnolia Parkway Improvement District PCT Susp Non Sus Total PCT * 74 SMITH ELEMENTARY SCHOOL 120 21 * 74 * 76 WOODLAND PLACE BAPTIST CHURCH 011 11 * 76 * 81 MITCHELL INTERMEDIATE SCHOOL 21 95 116 * 81 22 126 148 3

7,373 80,001 87,374

* Jurisdiction Occupies only a part of the Precinct

150 Montgomery County Elections Box Totals Report Based On: MUDs Report Time: 1/11/2011 2:44:55 PM Files Current as of 1/11/2011 5:10:05 AM

Chateau Woods Municipal Utility District PCT Susp Non Sus Total PCT * 06 OAK RIDGE SR. HIGH SCHOOL 52 823 875 * 06 52 823 875 1

East Plantation Utility District PCT Susp Non Sus Total PCT * 15 CORNERSTONE CHURCH 43 972 1,015 * 15 43 972 1,015 1

Far Hills Utility District PCT Susp Non Sus Total PCT * 50 FAR HILLS UTILITY DISTRICT BUILDING 21 530 551 * 50 21 530 551 1

Lake Conroe Hills Municipal Utility District PCT Susp Non Sus Total PCT * 22 LAKE CONROE HILLS COMMUNITY BUILDING 61 570 631 * 22 * 50 FAR HILLS UTILITY DISTRICT BUILDING 115 16 * 50 62 585 647 2

Municipal Utility District 006 PCT Susp Non Sus Total PCT * 32 WILKERSON INTERMEDIATE SCHOOL 276 1,817 2,093 * 32 * 33 SOUTH COUNTY COMMUNITY BUILDING 41 313 354 * 33 * 67 LAMAR ELEMENTARY SCHOOL 30 460 490 * 67 347 2,590 2,937 3

Municipal Utility District 007 PCT Susp Non Sus Total PCT * 04 COPPERWOOD APARTMENT BUILDING 168 910 1,078 * 04 * 48 SALLY K RIDE ELEMENTARY SCHOOL 11 151 162 * 48 * 59 POWELL ELEMENTARY SCHOOL 29 209 238 * 59 * 61 COMMUNITY CHRISTIAN CHURCH 22 258 280 * 61 * 62 COLLINS INTERMEDIATE SCHOOL 23 479 502 * 62 * 70 BEAR BRANCH RECREATION CENTER 127 2,056 2,183 * 70 * 79 GLEN LOCH ELEMENTARY SCHOOL 216 1,694 1,910 * 79 596 5,757 6,353 7

* Jurisdiction Occupies only a part of the Precinct

151 Municipal Utility District 008 PCT Susp Non Sus Total PCT * 63 MONTGOMERY ISD DISTRICT OFFICE 144 1,825 1,969 * 63 144 1,825 1,969 1

Municipal Utility District 009 PCT Susp Non Sus Total PCT * 63 MONTGOMERY ISD DISTRICT OFFICE 178 1,808 1,986 * 63 178 1,808 1,986 1

Municipal Utility District 015 PCT Susp Non Sus Total PCT * 24 NEEDHAM FIRE DEPARTMENT STATION 61 22 156 178 * 24 * 56 CONROE FIRE STATION #4 54 918 972 * 56 76 1,074 1,150 2

Municipal Utility District 016 PCT Susp Non Sus Total PCT * 16 SPLENDORA ISD INSTRUCTIONAL SUPPORT SERVICES 13 249 262 * 16 13 249 262 1

Municipal Utility District 018 PCT Susp Non Sus Total PCT * 72 BENTWATER SPORTS CLUB 102 2,694 2,796 * 72 102 2,694 2,796 1

Municipal Utility District 019 PCT Susp Non Sus Total PCT * 84 SOUTH MONTGOMERY COUNTY FIRE STATION # 1 208 535 743 * 84 208 535 743 1

Municipal Utility District 024 PCT Susp Non Sus Total PCT * 52 NEW CANEY ISD TRANSPORTATION CENTER 24 278 302 * 52 24 278 302 1

Municipal Utility District 036 PCT Susp Non Sus Total PCT * 33 SOUTH COUNTY COMMUNITY BUILDING 67 963 1,030 * 33 * 67 LAMAR ELEMENTARY SCHOOL 190 2,001 2,191 * 67 257 2,964 3,221 2

* Jurisdiction Occupies only a part of the Precinct

152 Municipal Utility District 039 PCT Susp Non Sus Total PCT * 56 CONROE FIRE STATION #4 182 2,130 2,312 * 56 182 2,130 2,312 1

Municipal Utility District 040 PCT Susp Non Sus Total PCT * 04 COPPERWOOD APARTMENT BUILDING 93 633 726 * 04 * 48 SALLY K RIDE ELEMENTARY SCHOOL 175 2,128 2,303 * 48 * 62 COLLINS INTERMEDIATE SCHOOL 80 1,554 1,634 * 62 348 4,315 4,663 3

Municipal Utility District 042 PCT Susp Non Sus Total PCT * 40 WEST CONROE BAPTIST CHURCH 46 254 300 * 40 46 254 300 1

Municipal Utility District 056 PCT Susp Non Sus Total PCT * 14 CRIPPEN ELEMENTARY SCHOOL 49 442 491 * 14 49 442 491 1

Municipal Utility District 067 PCT Susp Non Sus Total PCT * 31 SHENANDOAH MUNICIPAL COMPLEX 69 860 929 * 31 * 59 POWELL ELEMENTARY SCHOOL 96 1,275 1,371 * 59 * 69 BARBARA BUSH ELEMENTARY SCHOOL 14 223 237 * 69 * 70 BEAR BRANCH RECREATION CENTER 40 522 562 * 70 * 75 WINDSOR HILLS HOMEOWNER'S ASSOCIATION CLUB HOUSE 45 826 871 * 75 * 78 GALATAS ELEMENTARY SCHOOL 56 568 624 * 78 320 4,274 4,594 6

Municipal Utility District 083 PCT Susp Non Sus Total PCT * 82 KINGWOOD COLLEGE FINE ARTS BUILDING 65 952 1,017 * 82 65 952 1,017 1

Municipal Utility District 084 PCT Susp Non Sus Total PCT * 82 KINGWOOD COLLEGE FINE ARTS BUILDING 19 472 491 * 82 19 472 491 1

Municipal Utility District 094 PCT Susp Non Sus Total PCT * 46 SUE BROADWAY ELEMENTARY SCHOOL 102 1,883 1,985 * 46 102 1,883 1,985 1

* Jurisdiction Occupies only a part of the Precinct

153 Municipal Utility District 098 PCT Susp Non Sus Total PCT * 37 FRIENDSHIP UNITED METHODIST CHURCH 11 263 274 * 37 11 263 274 1

Municipal Utility District 113 PCT Susp Non Sus Total PCT * 11 LAKE CONROE FOREST COMMUNITY BUILDING 153 54 * 11 1 53 54 1

Municipal Utility District 115 PCT Susp Non Sus Total PCT * 80 IMPERIAL OAKS NEIGHBORHOOD CENTER 5256 261 * 80 5 256 261 1

New Caney Municipal Utility District PCT Susp Non Sus Total PCT * 07 NEW CANEY SPECIAL EDUCATION BUILDING 33 193 226 * 07 * 26 EAST COUNTY COURTHOUSE ANNEX 166 1,244 1,410 * 26 * 52 NEW CANEY ISD TRANSPORTATION CENTER 142 1,382 1,524 * 52 * 53 WOODBRANCH CITY HALL 31 290 321 * 53 * 54 PEACH CREEK BAPTIST CHURCH 28 295 323 * 54 400 3,404 3,804 5

Point Aquarius Municipal Utility District PCT Susp Non Sus Total PCT * 22 LAKE CONROE HILLS COMMUNITY BUILDING 76 1,231 1,307 * 22 76 1,231 1,307 1

Porter Special Utility District PCT Susp Non Sus Total PCT * 14 CRIPPEN ELEMENTARY SCHOOL 88 1,278 1,366 * 14 * 26 EAST COUNTY COURTHOUSE ANNEX 24 198 222 * 26 * 36 BENNETTE ESTATES FIRE STATION #71 12 120 132 * 36 * 37 FRIENDSHIP UNITED METHODIST CHURCH 162 1,426 1,588 * 37 * 52 NEW CANEY ISD TRANSPORTATION CENTER 134 743 877 * 52 * 82 KINGWOOD COLLEGE FINE ARTS BUILDING 228 1,906 2,134 * 82 648 5,671 6,319 6

Rayford Road Municipal Utility District PCT Susp Non Sus Total PCT * 68 KNIGHTS OF COLUMBUS HALL 234 2,303 2,537 * 68 * 80 IMPERIAL OAKS NEIGHBORHOOD CENTER 229 3,255 3,484 * 80 463 5,558 6,021 2

* Jurisdiction Occupies only a part of the Precinct

154 River Plantation Municipal Utility District PCT Susp Non Sus Total PCT * 15 CORNERSTONE CHURCH 102 1,573 1,675 * 15 102 1,573 1,675 1

Roman Forest Consolidated Municipal Utility District PCT Susp Non Sus Total PCT * 53 WOODBRANCH CITY HALL 66 1,029 1,095 * 53 66 1,029 1,095 1

Southern Montgomery County MUD PCT Susp Non Sus Total PCT * 35 ROBINSON ROAD COMMUNITY BUILDING 207 1,976 2,183 * 35 * 67 LAMAR ELEMENTARY SCHOOL 05 5 * 67 * 84 SOUTH MONTGOMERY COUNTY FIRE STATION # 1 251 865 1,116 * 84 458 2,846 3,304 3

Spring Creek Utility District PCT Susp Non Sus Total PCT * 46 SUE BROADWAY ELEMENTARY SCHOOL 29 322 351 * 46 * 47 SOUTH MONTGOMERY COUNTY FIRE STATION #2 276 2,695 2,971 * 47 * 68 KNIGHTS OF COLUMBUS HALL 17 262 279 * 68 322 3,279 3,601 3

Stanley Lake Municipal Utility District PCT Susp Non Sus Total PCT * 38 WEST MONTGOMERY COUNTY ANNEX 74 1,287 1,361 * 38 * 39 LONE STAR ELEMENTARY SCHOOL 865 73 * 39 82 1,352 1,434 2

Texas National Municipal Utility District PCT Susp Non Sus Total PCT * 85 NORTHRIDGE BAPTIST CHURCH 12 250 262 * 85 12 250 262 1

Utility District 2 PCT Susp Non Sus Total PCT * 50 FAR HILLS UTILITY DISTRICT BUILDING 77 1,108 1,185 * 50 77 1,108 1,185 1

Utility District 3 PCT Susp Non Sus Total PCT * 77 APRIL SOUND CHURCH 92 1,261 1,353 * 77 92 1,261 1,353 1

* Jurisdiction Occupies only a part of the Precinct

155 Utility District 4 PCT Susp Non Sus Total PCT * 38 WEST MONTGOMERY COUNTY ANNEX 422 26 * 38 * 77 APRIL SOUND CHURCH 117 1,860 1,977 * 77 121 1,882 2,003 2

Valley Ranch MUD 1 PCT Susp Non Sus Total PCT * 82 KINGWOOD COLLEGE FINE ARTS BUILDING 19 319 338 * 82 19 319 338 1

Water Control and Improvement District # 01 PCT Susp Non Sus Total PCT * 32 WILKERSON INTERMEDIATE SCHOOL 547 52 * 32 * 45 TIMBER LAKES/TIMBER RIDGE FIRE STATION 108 1,497 1,605 * 45 * 79 GLEN LOCH ELEMENTARY SCHOOL 15 155 170 * 79 128 1,699 1,827 3

Woodlands Municipal Utility District 02 PCT Susp Non Sus Total PCT * 45 TIMBER LAKES/TIMBER RIDGE FIRE STATION 26 523 549 * 45 26 523 549 1

6,363 70,963 77,326

* Jurisdiction Occupies only a part of the Precinct

156 Montgomery County Elections Box Totals Report Based On: DIST Report Time: 1/10/2011 8:40:38 AM Files Current as of 1/10/2011 5:10:05 AM

Lone Star College District PCT Susp Non Sus Total PCT 01 WILLIS COMMUNITY BUILDING 169 1,387 1,556 01 02 LONE STAR COLLEGE CONROE CENTER 106 1,278 1,384 02 03 THE WOODLANDS HIGH SCHOOL 9TH GRADE CAMPUS 463 5,069 5,532 03 04 COPPERWOOD APARTMENT BUILDING 261 1,543 1,804 04 06 OAK RIDGE SR. HIGH SCHOOL 186 3,120 3,306 06 07 NEW CANEY SPECIAL EDUCATION BUILDING 100 1,478 1,578 07 08 BROWDER COMMUNITY CENTER 135 2,057 2,192 08 10 WASHINGTON JR. HIGH SCHOOL 191 1,944 2,135 10 * 11 LAKE CONROE FOREST COMMUNITY BUILDING 159 2,429 2,588 * 11 12 SECURITY COMMUNITY BUILDING 139 1,457 1,596 12 13 DECKER PRAIRIE COMMUNITY BUILDING 150 2,593 2,743 13 14 CRIPPEN ELEMENTARY SCHOOL 196 2,742 2,938 14 15 CORNERSTONE CHURCH 188 3,217 3,405 15 16 SPLENDORA ISD INSTRUCTIONAL SUPPORT SERVICES 248 2,849 3,097 16 17 FIRST BAPTIST CHURCH OF GROCEVILLE 152 2,415 2,567 17 18 MALCOLM PURVIS LIBRARY 199 2,422 2,621 18 20 TRAVIS INTERMEDIATE SCHOOL 142 1,773 1,915 20 21 CONROE HIGH SCHOOL - VISITORS SIDE FIELD HOUSE 267 1,464 1,731 21 22 LAKE CONROE HILLS COMMUNITY BUILDING 329 3,062 3,391 22 23 CARGILL EDUCATION SUPPORT CENTER 236 2,451 2,687 23 24 NEEDHAM FIRE DEPARTMENT STATION 61 121 1,012 1,133 24 25 LIVING FAITH CHURCH 143 1,921 2,064 25 26 EAST COUNTY COURTHOUSE ANNEX 218 1,846 2,064 26 27 RICE ELEMENTARY SCHOOL 417 2,258 2,675 27 28 DECKER PRAIRIE ELEMENTARY SCHOOL 196 2,314 2,510 28 29 W MONTGOMERY COUNTY COMMUNITY DEVELOPMENT CENTER 404 4,887 5,291 29 * 30 MAGNOLIA HIGH SCHOOL 278 4,197 4,475 * 30 31 SHENANDOAH MUNICIPAL COMPLEX 255 3,168 3,423 31 32 WILKERSON INTERMEDIATE SCHOOL 302 2,077 2,379 32 33 SOUTH COUNTY COMMUNITY BUILDING 180 1,642 1,822 33 34 NEEDHAM FIRE DEPARTMENT STATION 64 98 2,065 2,163 34 35 ROBINSON ROAD COMMUNITY BUILDING 226 2,464 2,690 35 36 BENNETTE ESTATES FIRE STATION #71 221 2,351 2,572 36 37 FRIENDSHIP UNITED METHODIST CHURCH 463 3,477 3,940 37 * 39 LONE STAR ELEMENTARY SCHOOL 4 106 110 * 39 40 WEST CONROE BAPTIST CHURCH 381 3,459 3,840 40 * 41 SPLENDORA JR. HIGH SCHOOL 187 2,770 2,957 * 41 42 CANEY CREEK HIGH SCHOOL 72 1,002 1,074 42 43 PANORAMA CITY HALL 145 2,230 2,375 43 44 LONE STAR CONVENTION CENTER 167 1,537 1,704 44 45 TIMBER LAKES/TIMBER RIDGE FIRE STATION 175 2,421 2,596 45 46 SUE BROADWAY ELEMENTARY SCHOOL 199 3,936 4,135 46 47 SOUTH MONTGOMERY COUNTY FIRE STATION #2 402 4,653 5,055 47 48 SALLY K RIDE ELEMENTARY SCHOOL 186 2,279 2,465 48 49 DAVID ELEMENTARY SCHOOL 178 2,110 2,288 49

* Jurisdiction Occupies only a part of the Precinct

157 Lone Star College District PCT Susp Non Sus Total PCT 50 FAR HILLS UTILITY DISTRICT BUILDING 178 2,627 2,805 50 51 CENTRAL LIBRARY 386 1,863 2,249 51 52 NEW CANEY ISD TRANSPORTATION CENTER 322 2,592 2,914 52 53 WOODBRANCH CITY HALL 162 2,363 2,525 53 54 PEACH CREEK BAPTIST CHURCH 113 1,251 1,364 54 55 GRANGERLAND FIRE STATION #41 120 1,790 1,910 55 56 CONROE FIRE STATION #4 273 3,857 4,130 56 57 STOW AWAY MARINA CAFÉ 179 1,971 2,150 57 58 THE CROSSING CHURCH 166 2,330 2,496 58 59 POWELL ELEMENTARY SCHOOL 125 1,484 1,609 59 60 MONTGOMERY COUNTY JUVENILE FACILITY 100 1,100 1,200 60 61 COMMUNITY CHRISTIAN CHURCH 335 3,992 4,327 61 62 COLLINS INTERMEDIATE SCHOOL 200 2,413 2,613 62 64 WHISPERING PINES BAPTIST CHURCH 136 1,744 1,880 64 65 J. L. LYON ELEMENTARY SCHOOL 244 3,640 3,884 65 66 OUTBACK 229 2,904 3,133 66 67 LAMAR ELEMENTARY SCHOOL 220 2,466 2,686 67 68 KNIGHTS OF COLUMBUS HALL 318 3,552 3,870 68 69 BARBARA BUSH ELEMENTARY SCHOOL 275 3,640 3,915 69 70 BEAR BRANCH RECREATION CENTER 167 2,578 2,745 70 71 BUCKALEW ELEMENTARY SCHOOL 341 3,596 3,937 71 73 CONROE PUBLIC WORKS SERVICE CENTER 104 1,593 1,697 73 74 SMITH ELEMENTARY SCHOOL 341 4,603 4,944 74 75 WINDSOR HILLS HOMEOWNER'S ASSOCIATION CLUB HOUSE 409 3,872 4,281 75 * 76 WOODLAND PLACE BAPTIST CHURCH 167 2,493 2,660 * 76 * 77 APRIL SOUND CHURCH 133 34 * 77 78 GALATAS ELEMENTARY SCHOOL 350 3,877 4,227 78 79 GLEN LOCH ELEMENTARY SCHOOL 231 1,849 2,080 79 80 IMPERIAL OAKS NEIGHBORHOOD CENTER 276 4,150 4,426 80 81 MITCHELL INTERMEDIATE SCHOOL 284 2,705 2,989 81 82 KINGWOOD COLLEGE FINE ARTS BUILDING 535 4,765 5,300 82 83 SECURITY COMMUNITY BUILDING 48 910 958 83 84 SOUTH MONTGOMERY COUNTY FIRE STATION # 1 680 2,748 3,428 84 85 NORTHRIDGE BAPTIST CHURCH 201 2,529 2,730 85 17,850 198,812 216,662 79

17,850 198,812 216,662

* Jurisdiction Occupies only a part of the Precinct

158 Montgomery County Elections Box Totals Report Based On: Schools Report Time: 1/10/2011 8:40:50 AM Files Current as of 1/10/2011 5:10:05 AM

Cleveland Independent School District PCT Susp Non Sus Total PCT * 41 SPLENDORA JR. HIGH SCHOOL 620 26 * 41 6 20 26 1

* Jurisdiction Occupies only a part of the Precinct

159 Conroe Independent School District PCT Susp Non Sus Total PCT 02 LONE STAR COLLEGE CONROE CENTER 106 1,278 1,384 02 * 03 THE WOODLANDS HIGH SCHOOL 9TH GRADE CAMPUS 436 4,344 4,780 * 03 04 COPPERWOOD APARTMENT BUILDING 261 1,543 1,804 04 06 OAK RIDGE SR. HIGH SCHOOL 186 3,120 3,306 06 * 07 NEW CANEY SPECIAL EDUCATION BUILDING 30 399 429 * 07 * 08 BROWDER COMMUNITY CENTER 59 834 893 * 08 10 WASHINGTON JR. HIGH SCHOOL 191 1,944 2,135 10 * 11 LAKE CONROE FOREST COMMUNITY BUILDING 159 2,429 2,588 * 11 * 12 SECURITY COMMUNITY BUILDING 122 1,092 1,214 * 12 * 14 CRIPPEN ELEMENTARY SCHOOL 16 235 251 * 14 15 CORNERSTONE CHURCH 188 3,217 3,405 15 17 FIRST BAPTIST CHURCH OF GROCEVILLE 152 2,415 2,567 17 20 TRAVIS INTERMEDIATE SCHOOL 142 1,773 1,915 20 21 CONROE HIGH SCHOOL - VISITORS SIDE FIELD HOUSE 267 1,464 1,731 21 24 NEEDHAM FIRE DEPARTMENT STATION 61 121 1,012 1,133 24 25 LIVING FAITH CHURCH 143 1,921 2,064 25 * 26 EAST COUNTY COURTHOUSE ANNEX 233 35 * 26 27 RICE ELEMENTARY SCHOOL 417 2,258 2,675 27 31 SHENANDOAH MUNICIPAL COMPLEX 255 3,168 3,423 31 32 WILKERSON INTERMEDIATE SCHOOL 302 2,077 2,379 32 33 SOUTH COUNTY COMMUNITY BUILDING 180 1,642 1,822 33 * 34 NEEDHAM FIRE DEPARTMENT STATION 64 75 1,727 1,802 * 34 35 ROBINSON ROAD COMMUNITY BUILDING 226 2,464 2,690 35 36 BENNETTE ESTATES FIRE STATION #71 221 2,351 2,572 36 * 39 LONE STAR ELEMENTARY SCHOOL 043 43 * 39 * 40 WEST CONROE BAPTIST CHURCH 307 2,243 2,550 * 40 42 CANEY CREEK HIGH SCHOOL 72 1,002 1,074 42 * 44 LONE STAR CONVENTION CENTER 165 1,524 1,689 * 44 45 TIMBER LAKES/TIMBER RIDGE FIRE STATION 175 2,421 2,596 45 46 SUE BROADWAY ELEMENTARY SCHOOL 199 3,936 4,135 46 47 SOUTH MONTGOMERY COUNTY FIRE STATION #2 402 4,653 5,055 47 48 SALLY K RIDE ELEMENTARY SCHOOL 186 2,279 2,465 48 49 DAVID ELEMENTARY SCHOOL 178 2,110 2,288 49 51 CENTRAL LIBRARY 386 1,863 2,249 51 55 GRANGERLAND FIRE STATION #41 120 1,790 1,910 55 56 CONROE FIRE STATION #4 273 3,857 4,130 56 58 THE CROSSING CHURCH 166 2,330 2,496 58 59 POWELL ELEMENTARY SCHOOL 125 1,484 1,609 59 60 MONTGOMERY COUNTY JUVENILE FACILITY 100 1,100 1,200 60 61 COMMUNITY CHRISTIAN CHURCH 335 3,992 4,327 61 62 COLLINS INTERMEDIATE SCHOOL 200 2,413 2,613 62 * 64 WHISPERING PINES BAPTIST CHURCH 131 1,681 1,812 * 64 67 LAMAR ELEMENTARY SCHOOL 220 2,466 2,686 67 68 KNIGHTS OF COLUMBUS HALL 318 3,552 3,870 68 69 BARBARA BUSH ELEMENTARY SCHOOL 275 3,640 3,915 69 70 BEAR BRANCH RECREATION CENTER 167 2,578 2,745 70 71 BUCKALEW ELEMENTARY SCHOOL 341 3,596 3,937 71 73 CONROE PUBLIC WORKS SERVICE CENTER 104 1,593 1,697 73 75 WINDSOR HILLS HOMEOWNER'S ASSOCIATION CLUB HOUSE 409 3,872 4,281 75 * 76 WOODLAND PLACE BAPTIST CHURCH 23 495 518 * 76 * 77 APRIL SOUND CHURCH 133 34 * 77 78 GALATAS ELEMENTARY SCHOOL 350 3,877 4,227 78 79 GLEN LOCH ELEMENTARY SCHOOL 231 1,849 2,080 79 80 IMPERIAL OAKS NEIGHBORHOOD CENTER 276 4,150 4,426 80

* Jurisdiction Occupies only a part of the Precinct

160 Conroe Independent School District PCT Susp Non Sus Total PCT * 81 MITCHELL INTERMEDIATE SCHOOL 250 2,382 2,632 * 81 83 SECURITY COMMUNITY BUILDING 48 910 958 83 84 SOUTH MONTGOMERY COUNTY FIRE STATION # 1 680 2,748 3,428 84 * 85 NORTHRIDGE BAPTIST CHURCH 72 1,135 1,207 * 85 11,542 124,337 135,879 58

Magnolia Independent School District PCT Susp Non Sus Total PCT * 03 THE WOODLANDS HIGH SCHOOL 9TH GRADE CAMPUS 27 725 752 * 03 * 13 DECKER PRAIRIE COMMUNITY BUILDING 65 1,273 1,338 * 13 18 MALCOLM PURVIS LIBRARY 199 2,422 2,621 18 * 28 DECKER PRAIRIE ELEMENTARY SCHOOL 107 821 928 * 28 * 29 W MONTGOMERY COUNTY COMMUNITY DEVELOPMENT CENTER 404 4,885 5,289 * 29 * 30 MAGNOLIA HIGH SCHOOL 278 4,197 4,475 * 30 * 34 NEEDHAM FIRE DEPARTMENT STATION 64 23 338 361 * 34 * 39 LONE STAR ELEMENTARY SCHOOL 463 67 * 39 65 J. L. LYON ELEMENTARY SCHOOL 244 3,640 3,884 65 * 66 OUTBACK 107 1,432 1,539 * 66 74 SMITH ELEMENTARY SCHOOL 341 4,603 4,944 74 * 76 WOODLAND PLACE BAPTIST CHURCH 144 1,998 2,142 * 76 * 81 MITCHELL INTERMEDIATE SCHOOL 34 323 357 * 81 1,977 26,720 28,697 13

Montgomery Independent School District PCT Susp Non Sus Total PCT * 05 LONGSTREET COMMUNITY BUILDING 118 19 * 05 09 DOBBIN COMMUNITY CENTER 68 1,296 1,364 09 * 11 LAKE CONROE FOREST COMMUNITY BUILDING 121 1,433 1,554 * 11 19 MONTGOMERY CITY HALL 169 2,269 2,438 19 * 30 MAGNOLIA HIGH SCHOOL 8 166 174 * 30 38 WEST MONTGOMERY COUNTY ANNEX 135 1,749 1,884 38 * 39 LONE STAR ELEMENTARY SCHOOL 204 3,570 3,774 * 39 63 MONTGOMERY ISD DISTRICT OFFICE 399 4,655 5,054 63 72 BENTWATER SPORTS CLUB 105 2,777 2,882 72 * 76 WOODLAND PLACE BAPTIST CHURCH 15 324 339 * 76 * 77 APRIL SOUND CHURCH 218 3,289 3,507 * 77 1,443 21,546 22,989 11

New Caney Independent School District PCT Susp Non Sus Total PCT * 07 NEW CANEY SPECIAL EDUCATION BUILDING 60 552 612 * 07 * 14 CRIPPEN ELEMENTARY SCHOOL 180 2,507 2,687 * 14 * 26 EAST COUNTY COURTHOUSE ANNEX 216 1,813 2,029 * 26 37 FRIENDSHIP UNITED METHODIST CHURCH 463 3,477 3,940 37 52 NEW CANEY ISD TRANSPORTATION CENTER 322 2,592 2,914 52 * 53 WOODBRANCH CITY HALL 157 2,307 2,464 * 53 54 PEACH CREEK BAPTIST CHURCH 113 1,251 1,364 54 * 64 WHISPERING PINES BAPTIST CHURCH 563 68 * 64 82 KINGWOOD COLLEGE FINE ARTS BUILDING 535 4,765 5,300 82 2,051 19,327 21,378 9

* Jurisdiction Occupies only a part of the Precinct

161 Richards Independent School District PCT Susp Non Sus Total PCT * 05 LONGSTREET COMMUNITY BUILDING 7 217 224 * 05 7 217 224 1

Splendora Independent School District PCT Susp Non Sus Total PCT * 07 NEW CANEY SPECIAL EDUCATION BUILDING 10 527 537 * 07 * 12 SECURITY COMMUNITY BUILDING 17 365 382 * 12 16 SPLENDORA ISD INSTRUCTIONAL SUPPORT SERVICES 248 2,849 3,097 16 * 41 SPLENDORA JR. HIGH SCHOOL 187 2,770 2,957 * 41 * 53 WOODBRANCH CITY HALL 556 61 * 53 467 6,567 7,034 5

Tomball Independent School District PCT Susp Non Sus Total PCT * 13 DECKER PRAIRIE COMMUNITY BUILDING 85 1,320 1,405 * 13 * 28 DECKER PRAIRIE ELEMENTARY SCHOOL 89 1,493 1,582 * 28 * 29 W MONTGOMERY COUNTY COMMUNITY DEVELOPMENT CENTER 02 2 * 29 * 66 OUTBACK 122 1,472 1,594 * 66 296 4,287 4,583 4

Willis Independent School District PCT Susp Non Sus Total PCT 01 WILLIS COMMUNITY BUILDING 169 1,387 1,556 01 * 08 BROWDER COMMUNITY CENTER 76 1,223 1,299 * 08 22 LAKE CONROE HILLS COMMUNITY BUILDING 329 3,062 3,391 22 23 CARGILL EDUCATION SUPPORT CENTER 236 2,451 2,687 23 * 40 WEST CONROE BAPTIST CHURCH 74 1,216 1,290 * 40 43 PANORAMA CITY HALL 145 2,230 2,375 43 * 44 LONE STAR CONVENTION CENTER 213 15 * 44 50 FAR HILLS UTILITY DISTRICT BUILDING 178 2,627 2,805 50 57 STOW AWAY MARINA CAFÉ 179 1,971 2,150 57 * 85 NORTHRIDGE BAPTIST CHURCH 129 1,394 1,523 * 85 1,517 17,574 19,091 10

19,306 220,595 239,901

* Jurisdiction Occupies only a part of the Precinct

162

Exhibit E

SPECIAL CONDITIONS

Notwithstanding any contrary provisions in that certain ElectNow Subscription Agreement (the "Agreement") by and between Premier Election Solutions, Inc. ("Premier") and Schwartz, Page & Harding, L.L.P. ("SPH"), effective as of September 1, 2009, The Woodlands Township (the "Township") shall be deemed and considered as "Customer" for all purposes under the Agreement, except that (i) the "Effective Date" of the Agreement with respect to the District shall be considered the date of the last signature below; and (ii) the "Term" of the Agreement with respect to the District shall be considered to expire ninety days after the District has canvassed the results of its election, and shall not be subject to renewal.

It is specifically provided that the District shall be considered the "Customer" for purposes of obtaining the services of Premier, as listed on Exhibit D to the Agreement, and reflected in the attached quote, in connection with the conduct of the District's election. The District hereby agrees to pay Premier's invoices for services performed under the Agreement relative to the conduct of the District's election, subject to the terms of the Agreement. Failure by the District to make such payments to Premier shall constitute a default by the "Customer" under the Agreement, and shall entitle Premier to all rights and remedies arising under the Agreement for a default in payment of sums due to Premier from the District pursuant to Agreement; provided, however, SPH shall have no obligation for payment of sums due or to become due to Premier pursuant to the Agreement.

The District, SPH and Premier hereby acknowledge that these Special Conditions are acceptable.

THE WOODLANDS TOWNSHIP SCHWARTZ, PAGE & HARDING, L.L.P.

By: By: Name: Name: Title: Title:

PREMIER ELECTION SOLUTIONS, INC.

By: Name: Title:

163

164

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: If necessary, authorize submission to the United States Department of Justice of an election pre-clearance request

FACTS/HISTORY: If there are any changes from the previous election in regards to the polling locations, a formal pre-clearance submission must be made by the Township's President and attorneys to the United States Department of Justice for approval of these "changes in voting practices" under the Voting Rights Act of 1964 .

RECOMMENDED BOARD ACTION:

Authorize submission by the Township’s President/General Manager and attorneys to the United States Department of Justice of an election pre-clearance request, if it becomes necessary.

165

166

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Consider Township Transit Services Consultant Agreement for Calendar Year 2011

BUDGET IMPACT: N/A

FACTS/HISTORY:

The Goodman Corporation (TGC) has assisted The Woodlands Township (Township) in the planning, financing and oversight of transit services including the Town Center Trolley system, the proposed development of the Town Center Transit Terminal/Parking Garage facility, and planning, and pursuit of funding, for the expansion of transit services in the Township.

Attached is The Goodman Corporation’s proposed Scope of Services reflecting TGC support of Township transit activity for calendar year 2011. The proposed Scope of Services includes a description of the following Tasks and associated budget requirement.

Task 1 – Planning and Oversight for Transit/Pedestrian Efforts: $20,000

Task 2 – Legislative and Policy Assistance on 2010 Census and Montgomery County Transit District: $30,000

Task 3 – Pursuit of Funding: $25,000

Task 4 – Intergovernmental Assistance: $25,000

The Township contracted consulting services from TGC for calendar year 2010 in the amount of $100,000.

RECOMMENDED BOARD ACTION:

Consider approval of The Goodman Corporation calendar year 2011 consulting recommendations and authorize the President/General Manager to execute an agreement, on behalf of The Woodlands Township, for the TGC proposed Scope of Services.

167

Exhibit A

The Woodlands Township – Scope of Services

January 2011 – January 2012

Task 1 – Planning and Oversight for Transit/Pedestrian Efforts

TGC will provide the Township with planning and oversight services on projects and activities related to the Townships Federal Program including, but not limited to items such as:

• Monitoring and analysis of current and future trolley operations • Streetscape/waterway enhancements where the proposed improvements can related to the Township’s Federal Program • Ensure that any expenditure of local funds on behalf of the Township or project partners on projects related to the Federal Program are captured as local match which will be utilized to leverage future grant funds • Ensure Federal compliance in procurement matters on relevant projects

Task 1 Cost: $20,000

Task 2 – Legislative and Policy Assistance on 2010 Census and Montgomery County Transit District

TGC will assist the Township in its efforts to craft and implement a coordinated strategy in preparation for the results of the 2010 Census and the resulting impacts on the Township. TGC will also assist the Township in the consideration of being part of the creation of a Montgomery County Transit District that could bring a more localized structure to the existing and future transit initiatives in Montgomery County.

• Task 2a – 2010 Census

The potential changes in the new census will have a direct impact on distribution of State and Federal funds to the Township. TGC will work with elected officials and appropriate

168 governmental agencies at the regional, state and federal levels to ensure that any negative effects resulting from the 2010 Census will be mitigated and cause minimal interruption on the Township’s ability to fund necessary infrastructure projects.

• Task 2b – Montgomery County Transit District

TGC will work with officials of Montgomery County, Brazos Transit District, Houston Metro, City of Conroe and other key offices to explore the development of a Montgomery County Transit District that would provide more local control of transit funding and operations. The effort will include discussions of commuter rail transit from Montgomery County to business centers located in Harris County and linkages beyond.

Task 2a Cost: $20,000 Task 2b Cost: $10,000 Total Cost for Task 2: $30,000

Task 3 – Pursuit of Funding

TGC will work on behalf of the Township in the identification of relevant funding opportunities and prepare grant applications and submittals for projects related to the Township’s Federal Program. Funding opportunities will include the FY2012 Appropriations process, Transportation Improvement Program at the Houston-Galveston Area Council (H-GAC) and other programs from the Texas Department of Transportation (TxDOT) and other entities that will present themselves in 2011. Projects that will be targeted include the balance of funds needed to implement the Town Center Transit Terminal/Parking Garage facility, future purchase of additional alternatively-fueled buses for trolley service expansion, streetscape improvements in the Town Center and other important initiatives.

Task 3 Cost: $25,000

Task 4 – Intergovernmental Assistance

TGC will continue to work with local governmental entities such as Brazos Transit District (District), FTA, H-GAC, TxDOT, Federal Highway Administration (FHWA), Montgomery and Harris Counties and other project partners to ensure coordinated efforts for the Township’s Federal Program. Activities will include oversight of the transfer of grant funds from FHWA to the FTA related to the Town Center Transit Terminal/Parking Garage and other important initiatives. TGC will work to keep the Township’s projects in good standing with all partners.

Task 4 Cost: $25,000

169 Budget Summary

Task # Activity Cost 1 Planning Oversight $ 20,000 2a 2010 Census $ 20,000 2b Transit District $ 10,000 3 Funding Pursuit $ 25,000 4 Intergovernmental $ 25,000 Total $100,000

170 STATE OF T E X A S § § COUNTY OF HARRIS §

C O N T R A C T

BY AND BETWEEN

THE WOODLANDS TOWNSHIP

AND

THE GOODMAN CORPORATION

THIS CONTRACT is hereby entered into by and between The Woodlands Township (Client) and The Goodman Corporation (Consultant).

W I T N E S S E T H:

WHEREAS, Client has identified the need to perform to 2011 Ongoing Assistance Scope of Services;

WHEREAS, Client desires to retain Consultant to perform various professional services including the need to perform the following planning and oversight efforts: operational planning and analysis for trolley operations and related transit activities; assistance with mitigating the potential impacts of the 2010 U.S. Census; exploring the need and benefit of creating a Transit District in Montgomery County; pursuit of funding for transit-related infrastructure projects; assistance in interactions with regional, state and federal governmental entities related to the Client’s federal transit program.;

NOW, THEREFORE, IT IS HEREBY AGREED that Client and Consultant should enter into a Contract for performance of professional services pursuant to the following terms and conditions.

171 ARTICLE I SCOPE OF SERVICES

Consultant agrees to undertake, perform, and complete in an expedient, satisfactory, and proper manner all of the professional services required by Client as described in the Scope of Services defined in EXHIBIT A.

ARTICLE II CONSULTANT PERSONNEL

Consultant represents that it has, or shall secure, and agrees to furnish, personnel with the professional classifications, skills, and expertise required to perform the Scope of Services defined in EXHIBIT A. Consultant will be given a Notice to Proceed to commence work on tasks described in EXHIBIT A.

Additionally, Consultant shall assume responsibility for the Scope of Services defined in EXHIBIT A and shall provide all necessary supervision and coordination of activities to complete its requirements subject to approval and concurrence from Client

Consultant designates Mr. Barry M. Goodman as Principal-in-Charge for this work.

ARTICLE III TIME OF PERFORMANCE

Consultant agrees to commence work within seven (7) calendar days after receipt of a written Notice to Proceed from Client based on execution of this Contract. The work shall be undertaken and completed in such sequence as to assure its expeditious completion and in accordance with the schedule included in the Scope of Services defined in EXHIBIT A.

No extension of this Contract shall be allowed unless prior written consent of Client is first obtained. Reasonable changes of schedule shall be granted, as provided in ARTICLE VIII and ARTICLE IX, with mutual agreement by Client and Consultant.

172 ARTICLE IV COORDINATION AND REPORTS

A. COORDINATION. Data, analyses, findings, and recommendations prepared in the performance of this work shall be reviewed and coordinated with Client during performance of the work program by Consultant.

B. INSPECTION OF WORK. Consultant shall permit authorized representatives of the Federal Transit Administration (FTA) and Client to review and inspect the study activities.

C. BRIEF PROGRESS REPORTS. Consultant shall submit monthly progress reports to Client. These reports shall outline work accomplished by task during the previous month or since the last progress report. These reports shall include, but shall not be limited to, the percentage of completion of the overall work product, special problems or delays encountered or anticipated, changes in the estimated cost or the anticipated work activities for the next work period, and a brief description of work accomplished, methodologies used, and conclusions reached, if any. Progress reports shall be prepared according to a format approved by Client

D. CREDIT, DISCLAIMER, AND ACKNOWLEDGEMENT OF FINANCIAL SUPPORT. Consultant shall acknowledge financial support for work funded, in whole or in part, by this Contract on each drawing, document, publication, report in any news media, technical report, map, or other documents completed as part of this Contract. The following notation shall be used on the front cover, title page, or on the face of maps:

Preparation of this report has been funded in part by a grant from the Federal Transit Administration of the United States Department of Transportation under the Federal Transit Act of 1991, as Amended. The contents do not necessarily reflect the official views or policies of the Federal Transit Administration. The contents of this report reflect the views of The Goodman Corporation, which is responsible for the facts and accuracy of the data presented herein.

ARTICLE V COMPENSATION

Consultant shall be paid on a lump sum, percent of completion fee basis for the performance of the Scope of Services defined in EXHIBIT A in an amount set forth therein. Any increase in compensation to Consultant shall be conditioned on amending this agreement.

173 ARTICLE VI METHOD AND SCHEDULE OF PAYMENT

A. PAYMENT REQUESTS. Consultant shall submit monthly invoices for services rendered on the basis of a percentage of completion per task. Invoices shall be submitted to Client accompanied by a progress report as described in ARTICLE IV. Client shall pay invoices within 30 days of receipt thereof.

B. ADJUSTMENTS. In the event of a change in scope, complexity, or character of the work to be performed, and with the concurrence of both Client and Consultant, the fees specified in ARTICLE V may be adjusted in accordance with the provision of ARTICLE IX of this Contract by amending this original agreement.

C. FINAL PAYMENT. Consultant shall submit a final invoice, so designated, for the contracted work within thirty (30) days of the close of this Contract.

ARTICLE VII TERMINATION AND ASSIGNABILITY OF THE CONTRACT

A. TERMINATION.

1. PROCEDURE. It is hereby agreed that Client may cancel or terminate this Contract at any time by written notice by certified mail to Consultant, with the understanding that upon receipt of written notice of termination, all work hereunder of Consultant, and Consultant’s employees shall cease. In the event of such termination prior to completion of the Scope of Services provided for in EXHIBIT A, Client agrees to pay Consultant for work actually performed. Consultant shall submit a final invoice, so designated, for the contracted work actually completed less payment of any compensation previously paid.

2. DEFAULT. Client may, by written notice of default to Consultant, terminate the whole or any part of this Contract in any one of the following circumstances:

(a) If Consultant fails to perform the work called for by this Contract within the time specified herein or any extension thereof; or

(b) If Consultant fails to perform any of the other provisions of this Contract, or so fails to prosecute the work as to endanger performance of this

174 Contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such extension as authorized by Client in writing) after receiving notice of default.

In such event, Consultant shall be paid for professional services for work actually performed, based upon the judgment of Client to the date of notification of default, less payment of any compensation previously paid.

B. ASSIGNABILITY. Consultant may subcontract a portion of the services to be performed hereunder to firms with complementary disciplines to perform the Scope of Services defined in EXHIBIT A. All subcontractors retained by Consultant shall adhere to the terms of this Contract. If any portion of this Contract is assigned, Consultant shall not be relieved from any of the terms of this Contract.

C. VENUE. Venue and jurisdiction of any suit, right, or cause of action arising under or in connection with the Contract shall lie exclusively within ______County, Texas.

ARTICLE VIII TIME EXTENSIONS

Consultant may request, in writing, an extension of the time of completion beyond the time of performance specified in ARTICLE III, and Client shall promptly place the request on the agenda for the next meeting of The Woodlands Township Board of Directors and following this meeting, Client will advise Consultant of its decision.

ARTICLE IX CHANGES

Client, from time to time, may require changes in the Scope of Services of Consultant to be performed hereunder, provided Consultant agrees in writing. Changes, including any increase or decrease in the amount of Consultant's compensation, which are mutually agreed upon by and between Client and Consultant, shall be incorporated in written amendment to this Contract.

ARTICLE X AUDIT AND INSPECTION OF RECORDS

Consultant shall permit the authorized representatives of Client the

175 U.S. Department of Transportation (U.S. DOT), and the Comptroller General of the United States to inspect and audit all data and records of Consultant relating to its performance under this Contract. Consultant shall maintain complete and accurate records with respect to its performance under this Contract. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible at all reasonable times. Consultant further agrees that Client shall have, until the expiration of three (3) years after final payment of this Contract, access to and right to examine any directly pertinent books, documents, papers, and records concerning this project.

ARTICLE XI OWNERSHIP OF MATERIALS

All maps, drawings, documents, data, reports, research, graphic presentation materials, etc., developed by Consultant as a part of its work under this Contract, shall become the property of Client upon completion of this Contract, or in the event of termination or cancellation thereof, at the time of payment under ARTICLE V for work performed. All such data and material shall be furnished to Client on request. All documents, including, but not limited to, drawings, specifications, and data or programs stored electronically, prepared by Consultant pursuant to this Contract are related exclusively to the services described herein. Any reuse without written verification of adaptation by Consultant to specific purposes intended will be at Client's sole risk and without liability or legal exposure to Consultant.

ARTICLE XII DISADVANTAGED BUSINESS ENTERPRISES

A. POLICY. It is the policy of the U.S. DOT that disadvantaged business enterprises (DBE) as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement.

B. DBE OBLIGATION. Client and Consultant agree to ensure that DBEs, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, Client and Consultant shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that DBEs have the maximum opportunity to compete for and perform contracts.

176 Consultant shall not discriminate on the basis of race, color, religion, age, sex, marital status, or national origin in the award and performance of U.S. DOT-assisted contracts.

ARTICLE XIII EQUAL EMPLOYMENT OPPORTUNITY

In connection with the execution of this Contract, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, marital status, or national origin. Consultant shall take affirmative action to ensure that applicants and employees are treated during application or employment, without regard to their race, color, religion, age, sex, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoffs or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeships. Consultant further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials.

Title VI Compliance

During the performance of this Contract, Consultant, for itself, its assignees, and successors in interest agrees as follows:

A. COMPLIANCE WITH REGULATIONS. Consultant shall comply with the Regulations relative to nondiscrimination in federally assisted programs of U.S. DOT, Title 49 CFR, Part 21, as they may be amended from time to time (hereinafter referred to as "the Regulations"), which are herein incorporated by reference and made a part of this Contract.

B. NONDISCRIMINATION. Consultant, with regard to the work performed by it during this Contract, shall not discriminate on the grounds of race, color, religion, age, sex, marital status, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate, either directly or indirectly, in discrimination prohibited by Section 21.5 of the Regulations, including employment practices, when this Contract covers a program set forth in Appendix B of the Regulations.

C. SOLICITATIONS FOR SUBCONTRACTORS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT. In all solicitations, either by

177 competitive bidding or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, religion, age, sex, marital status, or national origin.

D. INFORMATION AND REPORTS. Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, and other sources of information and its facilities, as may be determined by the Recipient or FTA to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information is required or is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to Client or FTA, as appropriate, and shall set forth what efforts it has made to obtain the information.

E. SANCTIONS FOR NONCOMPLIANCE. In the event of the Consultant’s noncompliance with the nondiscrimination provisions of this Contract, Client shall impose such contract sanctions as it or FTA may determine to be appropriate including, but not limited to:

1. Withholding of payments to Consultant under this Contract until Consultant complies; and/or

2. Cancellation, termination, or suspension of this Contract, in whole or in part.

F. INCORPORATION OF PROVISIONS. Consultant shall include the provisions of Paragraphs A through F of this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. Consultant shall take such action with respect to any subcontract or procurement as Client may direct as a means of enforcing such provisions, including sanctions for noncompliance, provided, however, that in the event Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Consultant may request that Client enter into such litigation to protect the interests of Client and, in addition, Consultant may request the services of the Attorney General in such litigation to protect the interests of the United States.

178

ARTICLE XIV PROHIBITED INTEREST

No employee, officer, or agent of Client shall participate in selection or in the award of administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when:

the employee, officer, or agent; any member of his or her immediate family; his or her partner; or an organization which employs, or is about to employ, such individuals;

has a financial or other interest in the firm selected for award. Client’s officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Consultant, potential consultants, or parties of subcontracts.

ARTICLE XV INTEREST OF MEMBERS OR DELEGATES TO CONGRESS

No member of, or delegate to, the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom.

ARTICLE XVI COVENANT AGAINST CONTINGENT FEES

Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Contract and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For breach of violation of this warranty, Client shall have the right to annul this Contract without liability, or at its discretion to deduct from this Contract, the price of consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

ARTICLE XVII INDEMNIFICATION

Consultant shall indemnify and hold harmless Client against any and all claims, demands, suits, and judgments of sums of money to any party for loss of

179 life or injury or damage to person or property growing out of, resulting from, or by reason of any negligent act of omission, operation, or work of Consultant, its agents, servants, or employees while engaged upon or in connection with the services required or performed by Consultant hereunder. Consultant shall indemnify and hold harmless the City, its officers, agents, and employees from any loss, damage, liability, suits, judgments, or expense because of damage to property or injuries to persons (including death) and including costs of defense (including, but not limited to, attorneys' fees) to the extent arising from any negligent act, omission, or breach on the part of Consultant, its agents, employees, and subconsultants, in connection with this Contract, or from any breach of any obligations under this Contract.

IN WITNESS WHEREOF, the parties hereto have executed this Contract in duplicate originals and it shall be effective the ______day of January, 2011.

BY: ATTEST: ______Name Name Title Title

APPROVED AS TO FORM:

BY: ______Name Title

THE GOODMAN CORPORATION

BY: ATTEST: ______Barry M. Goodman John D. Carrara, Jr. President Vice President

180

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Village Association Service Agreements

BUDGET IMPACT: $80,000 ($10,000 for each of the eight Village Associations)

FACTS/HISTORY:

Section V C of the February, 2008 Transition Agreement states the following: Village Associations - The Parties acknowledge and agree that the Village Associations of The Woodlands have played an integral and significant role in providing for grass-roots resident input and representation related to the operations of the Associations and that the provisions of funding and services for the Village Associations, including the holding and administration of elections consistent with past practices, shall be continued by the Parties at substantially the same levels as currently provided by the Associations.

In order to continue to assist the villages, The Woodlands Township enters a service agreement with each of the eight Village Associations: Alden Bridge, Cochran’s Crossing, College Park, Creekside Park, Grogan’s Mill, Indian Springs, Panther Creek and Sterling Ridge. There are no material changes to the service agreement for the calendar year 2011.

In the 2011 budget, The Woodlands Township approved $10,000 for each Village Association. In order to receive the funds, each Village Association will be required to sign a service agreement with the Township to allow funding and assistance to the Village Associations in exchange for community-building opportunities for residents of The Woodlands Township. As stated in the agreement, the villages will be required to produce a minimum of one “Community Spirit” event per year and funds may not be used for donations, grants, scholarships or similar purposes. Additional services and requirements are also included in the agreement as they pertain to village elections, communication channels and facility use.

RECOMMENDED BOARD ACTION:

Approve service agreements between the Village Associations and The Woodlands Township and authorize the President/General Manager to sign the agreements in connection therewith.

181 SERVICE AGREEMENT RELATING TO THE ______VILLAGE ASSOCIATION

THIS SERVICE AGREEMENT RELATING TO ______VILLAGE

ASSOCIATION (this “Service Agreement”) is made and entered into as of the ___ day of

______, _____, by and between THE WOODLANDS TOWNSHIP (the “Township”), 10001

Woodloch Forest Drive, Suite 600, The Woodlands, Texas 77380, a political subdivision of the State of

Texas and successor by name change to Town Center Improvement District of Montgomery County,

Texas, created and operating pursuant to Chapter 289, Acts of the 73rd Texas Legislature, Regular

Session, 1993, as amended (the “Act”), and the ______VILLAGE ASSOCIATION,

______, The Woodlands, Texas, 7738_, a Texas non-profit corporation (the

“Village Association”).

RECITALS

The Township has been heretofore duly created and organized as a political subdivision and governmental agency of the State of Texas. The Township is authorized among other matters to contract with any person or entity to provide special or supplemental services for economic development and

educational improvements, enhancements and services within or adjacent to the Township’s boundaries.

The Board of Directors of the Township has determined that the Village Association provides

community-building opportunities for residents of The Woodlands through programs, events and monthly

meetings. In addition, the 2008 TRANSITION AGREEMENT between the Township and The

Woodlands Community Association, The Woodlands Association and The Woodlands Commercial

Owners Association (the “Transition Agreement”), Section V. C., acknowledges the Village

Association’s integral role in providing grass-roots resident input and representation to the community

and that the provisions of funding and services to the Village Associations shall be continued.

Accordingly, the Board of Directors of the Township has determined to provide financial assistance in

support of the Village Association upon the terms and conditions hereinafter set forth. Pursuant to a duly adopted resolution of its Board of Directors, the Township has approved a participation level of $10,000

182 for the Village Association and has authorized the execution of this Service Agreement for the calendar

year 2011.

AGREEMENT

In consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties contract and agree as follows:

1. GENERAL TERMS. Within thirty (30) days after the latter of: (i) the Effective Date of this

Service Agreement (as defined in Section 8 below), or (ii) receipt by the Township of a fully executed copy hereof, together with a funding request from the Village Association, the Township shall provide

$10,000 (the “Funds”) to the Village Association. The Village Association agrees that the Funds will be used solely for insurance (Directors and Officers, General Liability and Special Event), which is the primary purpose for the funds; and a minimum of one “Community Spirit” event per year (such as carnivals, community picnics, festivals, fairs, seasonal functions, etc). Funds may also be used to assist in funding administrative and operating expenses (such as post office box rentals, office supplies, advertising, website development and maintenance, storage facilities, copies, etc.). Funding may not be used for donations, grants, scholarships or similar purposes. The Village Association acknowledges, understands and agrees that this restriction on the use of Funds is a material condition of the Township’s payment of the Funds to the Village Association and that failure to use these Funds solely as provided herein will constitute a breach of this Service Agreement. The Village Association warrants and represents to the Township that it has the qualifications and skills necessary to conduct its business in a competent and professional manner.

In addition to the Funds, the Township and Village Association agree to continue services in existence prior to the signing of the Transition Agreement. Specifically, these services are:

a. VILLAGE ELECTION. The Township is obliged to hold an election each year in

February for the Residential Design Review Committees (“RDRC”) representing each

village. As part of this process, the Township will administer, in accordance with the

183 Township’s RDRC election procedures, the Village Association election for board

positions based on the Village Association’s bylaws effective on November 1 of the

year prior to the election. The Village Association will provide current bylaws on or

before November 1 of each year and will provide one representative to serve on an

election committee. b. COMMUNICATION CHANNELS. The Township will provide a staff village liaison for

each village to attend Village Association meetings, provide information and gather

feedback and customer service requests from the Village Association. In addition, the

Township will provide space for village news, village leaders’ list and village meetings

in The Woodlands Community Magazine and space on the Township website for links

to the Village Association website, bylaws, village leaders and contact information for

the staff village liaison. The Village Association will provide recurring reports to the

Township Board of Directors containing updates on the village; feedback from the

Village Association president during the Township budget process on requests

pertaining to services, programs or capital improvement projects for consideration; a

maximum 200-word article, photographs and village officer updates, if necessary, on

or before the monthly magazine deadline; and updates to the Village Association’s

links as posted on the Township website, as necessary. c. FACILITY USE AND IN-KIND SERVICES. The Township will offer meeting space at

the 2201 Lake Woodlands Drive office location for one meeting per month for the

village association, free of charge. If the Village Association chooses to use this

facility, the Village Association is responsible for all setup, cleanup and security (if

required). The Township will also provide pool rental, pavilion rental, use of two

10x10 tents and safety cones for one pool party per year. The Village Association is

responsible for setup, cleanup, advertising, security, food and beverage, entertainment

and insurance. This event is in addition to the “Community Spirit” event.

184 2. PAYMENT OF EXPENSES. The Village Association shall be solely responsible for paying all costs associated with its programs, services and events, including but not limited to, administrative and operating expenses, volunteer training, registration or permit fees, and insurance premiums (including directors and officers’ liability, general liability and special event coverage).

3. ACCOUNTING. On or before April 15, 20112012, the Village Association Agrees to provide the Township a written report detailing: (i) the expenditure of the Funds, (ii) a description of the community events and participation and (iii) the number of meetings held.

4. INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, THE

VILLAGE ASSOCIATION AGREES TO PROTECT, DEFEND (WITH ATTORNEYS

REASONABLY ACCEPTABLE TO THE TOWNSHIP), HOLD HARMLESS, AND INDEMNIFY

THE TOWNSHIP, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AND

AGENTS (HEREIN COLLECTIVELY REFERRED TO AS “INDEMNITEES”), FROM AND

AGAINST ALL CLAIMS, ACTIONS, LIABILITIES, DAMAGES, LOSSES (INCLUDING

ECONOMIC LOSSES), FEES, COSTS, EXPENSES (INCLUDING ATTORNEYS’ FEES AND

EXPENSES INCURRED IN THE ENFORCEMENT OF THIS INDEMNITY PROVISION), AND

LIENS, ARISING IN WHOLE OR IN PART OUT OF: (A) ANY ACTUAL OR ALLEGED

BODILY INJURY OR DEATH; (B) INJURY TO, DESTRUCTION OF, OR ENVIRONMENTAL

IMPAIRMENT OF TANGIBLE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE

LOSS OF USE RESULTING THEREFROM; (C) VIOLATION OF APPLICABLE LAWS,

RULES OR REGULATORY REQUIREMENT; (D) FAILURE BY THE VILLAGE

ASSOCIATION TO PURCHASE ALL INSURANCE REQUIRED BY THIS SERVICE

AGREEMENT; OR (E) ANY OTHER DAMAGE OR LOSS ARISING OUT OF OR RESULTING

FROM ANY INTENTIONAL OR NEGLIGENT ACT OR OMISSION (WHETHER SOLE,

JOINT, CONCURRENT OR GROSS) OF THE VILLAGE ASSOCIATION, OR ANY OFFICER,

DIRECTOR, AGENT, EMPLOYEE, REPRESENTATIVE, INSURER OR SUBCONTRACTOR

185 OF THE VILLAGE ASSOCIATION, RELATED IN ANY WAY TO THE VILLAGE

ASSOCIATION’S OPERATION.

Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or

obligation of indemnity which would otherwise exist as to any party or person, whether or not described

in this Service Agreement, or to impose an indemnity obligation in excess of a party’s legal liability for

any such act or omission, as same may be finally determined by settlement, agreement, arbitration,

judicial or administrative proceeding.

The provisions of this Section 4 shall survive expiration or termination of this Service Agreement

and shall not be construed to provide for any defense or indemnification of any Indemnitee for his, her or

its own negligence, or to provide for any indemnification which would, as a result thereof, make the

provisions of this Section 4 void, or to eliminate or reduce any other indemnification or right which the

Village Association, or any Indemnitee, has by law.

5. RELATIONSHIP. The Village Association, and its officers, directors, employees, agents, representatives, subcontractors, subsidiaries and/or affiliates, shall not be or become agents, servants or employees of the Township or otherwise be under the direction, control or supervision of the Township by virtue of this Service Agreement or by reason of the administration or conduct by the Village

Association, and no joint enterprise or partnership is intended by this Service Agreement. Village

Association personnel shall not be entitled to any rights or benefits afforded to Township employees.

6. SURVIVAL OF WARRANTIES AND REPRESENTATIONS. All warranties and representations of the Village Association made in this Service Agreement shall run to the Township and shall survive the expiration or termination of this Service Agreement. This provision shall not limit any other rights the Township may have at law or in equity.

7. COMPLIANCE WITH LAWS. The Village Association shall take all actions necessary to insure continuing compliance on its part with all laws, ordinances, orders, restrictive covenants, permits, licenses, consents, rules or requirements relating to this Service Agreement and its administration and the

186 conduct of the Village Association operations, including, without limitation, all environmental, health and

safety laws and requirements.

8. TERM AND TERMINATION. This Service Agreement shall be effective as of January 1,

20102011. In case of any breach or failure to observe or comply with any term, condition or limitation

hereof by the Village Association, the Township may terminate this Service Agreement immediately upon

provision of written notice to the Village Association at the address written in the first paragraph of this

Service Agreement.

9. ASSIGNABILITY. This Service Agreement shall not be sold, assigned, transferred, mortgage,

hypothecated, encumbered or otherwise alienated, by operation of law or otherwise, by either party hereto

without the written consent of the other party.

10. SUCCESSORS AND BENEFICIARIES. The provisions of this Service Agreement shall be binding upon and inure to the sole benefit of the parties hereto, and any permitted successors and assigns of the parties, and no other person or entities are intended to or shall be benefited by this Service

Agreement.

11. MODIFICATIONS. There shall be no modification of this Service Agreement except in

writing signed by the parties hereto.

12. EXTENT OF AGREEMENT. This Service Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, arrangements, representations or agreements, whether written or oral.

13. GOVERNING LAW. This Service Agreement will be governed by the laws of the State of

Texas.

14. SEVERABILITY. If any provision of this Service Agreement shall be found to be invalid or unenforceable to any extent, the remainder of this Service Agreement shall not be affected thereby, and this Service Agreement shall be enforced to the greatest extent permitted by law.

187 IN WITNESS WHEREOF, the parties hereto have executed this Service Agreement as of the date and first year shown above.

THE WOODLANDS TOWNSHIP

By: ______Name: Don T. Norrell Title: President

______VILLAGE ASSOCIATION

By: ______Name: ______Title: ______

188

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Request for Proposals – Solid Waste Removal Services

BUDGET IMPACT: The 2011 budget for solid waste removal services is $5,419,819. It is unknown at this time if the responses to the Request for Proposals will result in amounts higher or lower than the current budget.

FACTS/HISTORY: The Solid Waste Collection and Disposal Service Contract with Waste Management of Texas expires in February of 2012. Due to the nature of the service, state of the industry and size of contract, the Board approved a contract with RW Beck for professional services to assist in the development of the scope of services, specifications and bid process. Prior to the request for proposals (RFP) from waste collection companies, staff, with the selected consultant, was to return to the Board for direction on potential policy statements, procurement schedule, scope of services, initial and renewal terms of a contract, materials to be recycled, recycling rewards programs, and other issues pertinent to procurement of solid waste collection, disposal and recycling services. RW Beck has worked with staff to prepare a draft RFP and presents the attached RFP as the recommended approach. RW Beck will present the highlights of the RFP to the Board during the workshop. The key issues for Board consideration, as excerpts from the RFP, are: 3.1 Scope of Services: • 3.1.1 Term. The draft RFP provides an initial term for eight (8) years and renewal options for additional terms of a minimum of one (1) year to a maximum of five (5) years. • 3.1.3 Solid Waste Collection (one option will be selected by the Township):

o Once per week collection via 90-100 gallon carts and extra bag tag program (as described below). Customers may request an additional solid waste container, the cost of which will be incurred by the resident; OR

o Once per week collection via 60-70 gallon carts and extra bag tag program (as described below). Customers may request an additional solid waste container, the cost of which will be incurred by the resident; OR

189 o Once per week collection via 30-40 gallon carts and extra bag tag program (as described below). Customers may request an additional solid waste container, the cost of which will be incurred by the resident. • Yard Waste Collection (one option will be selected by the Township):

o Once per week, unlimited collection via conventional plastic bags, bundled, or resident- provided container and Christmas trees free of all decorations and stands; OR

o Once per week, unlimited collection via compostable bags, bundled, or resident-provided container and Christmas trees free of all decorations and stands (excludes non- compostable bags). • Recycling (one option will be selected by the Township):

o Once per week single stream collection via 18 gallon bins. Customers may request additional bins at no charge to the Township; OR

o Once per week single stream collection via 90-100 gallon carts. Customers may request additional carts at no cost to the Township; OR

o Every other week single stream collection via 90-100 gallon carts. Customers may request additional carts at no cost to the Township. • Bulk Waste:

o Call-in program in which material is collected on the customer’s regular collection day. Successful proposer shall be responsible for scheduling pick-ups of bulk waste.

Set Out Requirements The following set-out requirements will apply to single-family residential service units: • Solid Waste: No bagged refuse may be set outside of the cart unless tagged with contractor- provided extra bag tags. These extra bag tags are available for purchase at Township offices and local supermarkets. • Recycling: No materials may be set outside of the cart, if a cart is selected for use by the Township. If a bin is selected for use by the Township, additional material may be set out next to the bin in any open container. • Yard Waste: Grass clippings and leaves must bagged or in a container weighing less than 40 pounds. Branches, tree limbs and trimmings must be no larger than 4" in diameter or 4' in length and tied in bundles no higher than 4' in height and under 40 pounds. • Bulk Waste: Only items that are too large to be set out in the solid waste cart will be allowable for bulk waste collection. Successful proposer shall only be required to collect refrigerators and freezers that are certified Freon-free. Bagged solid waste and yard waste are not permissible to be set out by residents for bulk waste collection.

190 3.1.5 Processing Services – Recycling Materials The successful proposer shall provide for processing services for all yard waste and recyclable materials collected by the proposer within the Township. At a minimum, the successful proposer shall provide for processing of the following recyclable materials: • Paper: Includes newspaper and inserts (remove plastic wrapper), junk mail, magazines, and white and mixed office paper • Corrugated Cardboard and Paperboard: Excludes wax or plastic coated materials • Aseptic Packaging: Includes shelf-stable cartons (i.e. juice boxes, milk ,soy and almond milk, soup and broth, and wine) and refrigerated cartons (i.e. milk, juice, cream, egg substitutes) • Glass Bottles & Jars: Includes green, brown and clear glass • Aluminum and Tin Food or Beverage Containers: Excludes aerosol cans and scrap metal • Plastic #1 - 7 Rigid Plastic Containers:

The Township is interested in increasing recycling within the community. For the term of the agreement, the Township may include any or all additional materials proposed to be included by the proposer.

3.1.8 Residential Carts and Bins The successful proposer shall provide all equipment required to perform the scope of services unless otherwise specifically stated herein. The Township is interested in evaluating purchasing the carts to be used for residential service within the Township. Prior to execution of the agreement, the Township shall determine whether the Township or the successful proposer shall purchase the bins and carts required for solid waste and recycling collection services. Regardless of who purchases the bins and carts, the successful proposer and the Township agree to the following: • The successful proposer shall provide a staging area within five (5) miles of the Township for the initial distribution of the bins and carts; • The successful proposer shall oversee the initial distribution of bins and carts. (The entity that purchases the bins and carts will be responsible for the cost of the assembly and initial distribution of bins and carts); • The successful proposer shall maintain, store, and distribute replacement bins and carts after the initial distribution; and • Ownership of all carts and/or bins being used for residential service within the Township shall rest with the Township upon the expiration or termination of the agreement. Bins and carts purchased for this agreement shall be manufactured within the United States. The appearance of the bins and carts shall be approved by the Township

RECOMMENDED BOARD ACTION: Release the Request for Proposals as prepared and presented by RW Beck.

191 Request for Proposals Solid Waste and Recycling Services

Solid Waste, Recycling, Yard Waste, and Bulk Waste Service for Single-Family Residential, Multi-Family Residential, and Designated Non-Residential Service Units

Due Date: March 25, 2011 at 4:00 PM CST

Contact:

Lynne Aldrich, Environmental Services Manager 8203 Millennium Forest Drive The Woodlands Texas, 77381 (p) 281-210-3900 [email protected]

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192 Request for Proposals Solid Waste and Recycling Services Township of the Woodlands

Table of Contents

Section 1 General Terms & Conditions ...... 1-1 1.1 Introduction ...... 1-1 1.2 Proposal Submission ...... 1-1 1.3 Questions and Clarifications ...... 1-1 1.4 Firm Offer ...... 1-1 1.5 Unit Price Prevails ...... 1-2 1.6 Exclusive Rights of The Woodlands Township ...... 1-2 1.7 Acknowledgements of Proposer ...... 1-2 1.8 Request for Meetings or Presentations ...... 1-3 1.9 Cost of Proposal Preparation ...... 1-3 1.10 Substitutions ...... 1-3 1.11 Proposer as Prime Contractor ...... 1-3 1.12 Gratuities ...... 1-4 1.13 Proprietary Information ...... 1-4 1.14 Proposers to Make Own Examination ...... 1-4

Section 2 Background Information ...... 2-1 2.1 Introduction ...... 2-1 2.2 General Township Information ...... 2-1 2.3 Solid Waste, Yard Waste, Recycling, and Bulk Waste Services ...... 2-1 2.3.1 Current Collection Services ...... 2-2 2.3.2 Current Disposal Services ...... 2-2 2.3.3 Current Processing Services ...... 2-2 2.4 EstimatedDRAFT Service Units ...... 2-3 2.4.1 Single-Family Residential Service Units ...... 2-3 2.4.2 Multi-family Residential Service Units ...... 2-4 2.4.3 Non-Residential Service Units (Township Buildings) ...... 2-6 2.4.4 Recycling Drop-Off Center ...... 2-6 2.4.5 Other Services ...... 2-7 2.5 Historical Tonnage Information ...... 2-7 2.5.1 Single-Family Residential Tonnage ...... 2-8 2.5.2 Recycling Drop-Off Tonnage ...... 2-8 2.6 Public Education ...... 2-8

Section 3 Scope of Services and Key Agreement Provisions Introduction ...... 3-1 3.1 Scope of Services ...... 3-1

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3.1.1 Term ...... 3-1 3.1.2 Hours of Operation ...... 3-1 3.1.3 Collection Services ...... 3-2 3.1.4 Disposal Services ...... 3-4 3.1.5 Processing Services ...... 3-4 3.1.6 Recycling Drop-off Center Operations ...... 3-4 3.1.7 Special Event Services ...... 3-5 3.1.8 Equipment ...... 3-5 3.1.9 Personnel ...... 3-6 3.1.10 Public Education and Outreach ...... 3-7 3.1.11 Customer Service Office and Complaints ...... 3-8 The successful Proposer shall maintain a customer office within the United States staffed with personnel Monday through Friday, 8:00 AM, CST to 5:00 PM, CST. All customer service complaints shall initially be directed to the successful Proposer. The successful Proposer shall resolve each complaint within one (1) business day of receipt of such complaint...... 3-8 3.1.12 Schedules and Routes ...... 3-8 3.1.13 Recordkeeping and Reporting ...... 3-8 3.2 Key Agreement Provisions ...... 3-9 3.2.1 Commingling of Materials Prohibited ...... 3-9 3.2.2 Performance Bond ...... 3-9 3.2.3 Insurance ...... 3-9 3.2.4 Indemnification ...... 3-10 3.2.5 Administrative Charges ...... 3-11 3.2.6 Billing, Payments, and Annual Rate Adjustments ...... 3-12 3.2.7 Termination ...... 3-13 3.2.8 Assignment ...... 3-13

Section 4 Proposal Format and Content ...... 4-1 4.1 Proposal Format ...... 4-1 4.1.1 Signatures ...... 4-1 4.1.2 Proposal Organization ...... 4-1 4.1.3 Typed orDRAFT Ink Corrections ...... 4-1 4.2 Proposal Content ...... 4-2 4.2.1 Chapter 1 – Letter of Intent ...... 4-2 4.2.2 Chapter 2 – Statement of Organization ...... 4-2 4.2.3 Chapter 3– Disclosure of Preclusion from Participating in Public Procurement ...... 4-2 4.2.4 Chapter 4 – Method of Approach ...... 4-2 4.2.5 Chapter 5 – Key Personnel ...... 4-6 4.2.6 Chapter 6 – Experience ...... 4-6 4.2.7 Chapter 7 – Financial Statement ...... 4-6 4.2.8 Chapter 8 – Certificate of Insurability ...... 4-6 4.2.9 Chapter 9 – Acknowledgement of Addendums ...... 4-7 4.2.10 Chapter 10 – Exceptions to Solicitation ...... 4-7

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4.2.11 Chapter 11 – Non-Collusion ...... 4-7 4.2.12 Chapter 12 – Cost Information ...... 4-7

Section 5 Procurement Process ...... 5-1 5.1 Inquiries and Addenda ...... 5-1 5.2 Mandatory Pre-Proposal Conference ...... 5-1 5.3 Submittal and Receipt of Proposals ...... 5-1 5.4 Opening of Proposals ...... 5-2 5.5 Proposals Acceptance Period ...... 5-2 5.6 Evaluation ...... 5-2 5.7 Interviews ...... 5-2 5.8 Protest ...... 5-3

List of Appendices A Current Route Maps B Proposal Forms C Public Education Materials

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Section 1 General Terms & Conditions

1.1 Introduction This Request for Proposals (RFP) is being issued by The Woodlands Township (“The Woodlands” or “Township”). This (RFP) shall be on file with the Environmental Services office at 8203 Millennium Forest DR, The Woodlands, TX 77381, during usual office hours, available on The Woodlands Township website, and available to prospective proposers until the date and time due. The purpose of this section of the RFP is to familiarize proposers with general terms and conditions regarding the RFP.

1.2 Proposal Submission Please submit your proposal to The Woodlands Township by March 25, 2011 at 4:00 pm at the following address: Attention: Lynne Aldrich 8203 Millennium Forest Drive The Woodlands Texas, 77381 (p) 281-210-3900 [email protected] Faxed or e-mailed documents will not be accepted. Late submissions will not be accepted.

1.3 Questions and Clarifications During this proposal process, proposer shall not contact any Township staff except those designated in the text of this RFP or subsequent addendums or correspondence. Any questions or concerns should be addressed in writing to Lynne Aldrich via e-mail prior to February 25, 2011 at 4:00 p.m. (CST). Please reference RFP number and page number. Non-complianceDRAFT with this provision may result in rejection of the proposal. Any material information given to one proposer concerning a proposal will be furnished by an addendum to all proposers who have been issued an RFP.

1.4 Firm Offer The signed proposal shall be considered a firm offer on the part of the proposer. The Woodlands Township reserves the right to negotiate pricing and services. All proposal responses shall be considered firm and irrevocable for purposes of future negotiations unless specifically waived in writing by The Woodlands Township. Proposer(s) chosen for award should be prepared to have its proposal and any relevant correspondence incorporated into the agreement, either in part or in its entirety, at The

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Woodlands Township’s election. Any false or misleading statements found in the proposal may be grounds for disqualification. Proposals cannot be altered or amended after the date and time of opening. Alterations made before opening must be signed by the proposer or proposer’s agent. No proposal can be withdrawn, without good cause, after the date and time of opening without approval of The Woodlands Township Environmental Services Office.

1.5 Unit Price Prevails In the event of extension price error in a proposal, the unit price will prevail and the proposer’s total proposal will be corrected accordingly. In the event of addition error, the unit price will prevail and the total proposal will be corrected accordingly.

1.6 Exclusive Rights of The Woodlands Township The Township reserves the exclusive right to: Cancel this RFP with or without the substitution of another RFP; Take any action affecting this RFP, this RFP process, or the services to this RFP that would be in the best interest of the Township; Negotiate changes in the nature of the proposal, and in prices, after proposals are opened to obtain the best services at the best price; Accept or reject all or any part of any proposal, waive minor technicalities and award the purchase to best serve the interest of the Township; Require any or all proposers to supplement, clarify or provide additional information regarding experience, qualifications, abilities, equipment, facilities, financial stability, and other information in order for the Township to evaluate the proposals submitted; Conduct investigations with respect to the proposers including but not limited to qualifications and experience of each proposer; and Inspect any or all proposers’ facilities that are proposed to be used in providing service to the Township durDRAFTing normal working hours.

1.7 Acknowledgements of Proposer By submitting a proposal for the services, all proposers acknowledge and agree that no enforceable agreement, obligation to negotiate, or any other obligation arises until the Township signs the agreement(s), that no action shall require the Township to sign such agreement(s) at any time, and that each proposer waives all claims to damages, lost profits, costs, expenses, reasonable attorneys fees, etc., as a result of the Township not signing such agreement. By submitting a proposal, all proposers acknowledge participation in this process may result in the Township selecting the proposer to engage in further discussions and that

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General Terms & Conditions the commencement of such discussions does not signify intent by the Township to execute an agreement or to continue discussions. The Township may terminate discussions at any time and for any reason. By submitting a proposal for the services, proposers acknowledge and agree that no recommendations or conclusions from this RFP process concerning proposer(s) shall constitute a right (property or otherwise) under the Constitution of the Unites States or under the Constitution, case law, or statutory law of Texas. By submitting a proposal, proposers agree not to identify or reference the Township in any manner without prior written consent of the Township in any advertising, sales promotion or other materials of the proposer.

1.8 Request for Meetings or Presentations The Township, at its discretion, may request presentations by or meetings with any or all responders to clarify or negotiate modifications to the firm’s proposal. However, The Township reserves the right to make an award without further discussion of the proposals submitted. Therefore, proposals should be submitted initially on the most favorable terms, from both technical and price standpoints, which the firm can propose.

1.9 Cost of Proposal Preparation The Township accepts no liability for the costs and expenses associated with this RFP process incurred by the proposers. Each proposer cannot make any claims whatsoever for reimbursement from the Township for the costs and expenses associated with the procurement process.

1.10 Substitutions Once the proposal has been awarded, if an item or process is to be substituted, such substitution shall be made only by furnishing an equal or better quality and/or grade product or process than originally specified at no additional cost to the Township. The Township shall beDRAFT the sole interpreter as to the acceptance of any substitution. This substitution must be pre approved by the Township.

1.11 Proposer as Prime Contractor The proposer awarded an agreement shall be the prime contractor and shall be solely responsible for contractual performance. In the event of a subcontracting relationship(s), proposer shall remain the prime contractor and will assume all responsibility for the services that are supplied by the subcontractor(s). The Township must approve of the use of all subcontractors in writing and all subcontractors must be identified by the proposer in its proposal to the Township.

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Section 1

1.12 Gratuities The Township may, by written notice to the successful proposer, cancel the agreement without liability to the Township if it is determined by the Township that gratuities in the form of entertainment, gifts, or otherwise, were offered or given by the proposer, or any agent, or representative of the proposer, to any officer or employee of the Township with a view toward securing a agreement or securing favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performing of such a agreement. In the event this agreement is canceled by the Township pursuant to this provision, the Township shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by proposer in providing such gratuities.

1.13 Proprietary Information Trade secrets and confidential information contained in a proposal are not open to public inspection. Pricing is not confidential information. Proposers who include information in a proposal that is legally protected as a trade secret or confidential information must clearly indicate the specific protected information by marking that information “Trade Secret” or “Confidential” at the appropriate place. The Township will not be responsible for any public disclosure of the trade secret or confidential information if it is not marked as provided above. A proposal in its entirety is not confidential. If a request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a proposal, the proposer shall, upon request, immediately furnish sufficient written reasoning as to why the information should be protected from disclosure in order for the Township’s Attorney to present the matter to the Attorney General of Texas for final determination.

1.14 Proposers to Make Own Examination Proposers shall examine all documents that make up this RFP. Proposers shall promptly notify the Township of any omission, ambiguity, inconsistency, or error that they may discover upon examination of the RFP. Failure to make such examinations shall be at the proposer’s soleDRAFT risk. The Township assumes no responsibility for proposer’s failure to examine all documents that make up this RFP. Proposers shall examine the Township including the streets, alleys, overhead trees, wires and such other physical conditions and requirements to be encountered in the work, the quality and quantity of service to be performed, and materials and equipment to be furnished. The proposer will not be entitled to additional compensation upon subsequently finding that conditions require methods or equipment other than that anticipated in making the proposal. Failure to make such examinations shall be at the proposer’s sole risk. The Township assumes no responsibility for proposer’s failure to examine the Township.

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Section 2 Background Information

2.1 Introduction The purpose of this section of the RFP is to familiarize proposers with current solid waste, yard waste, recycling, and bulk waste services provided within the Township. Currently, the Township contracts with a private contractor for collection service for single-family residential households, multi-family residential properties, and designated non-residential properties (e.g., Township buildings). In addition, the private contractor for the Township provides for disposal services, yard waste processing services, and recycling processing services. The remainder of this section provides information regarding the Township, the current solid waste, yard waste, recycling, and bulk waste services, estimated service units, and historical tonnages of collected material.

2.2 General Township Information The Woodlands Township is located primarily in Montgomery County, Texas and is approximately 44 square miles in size. Table 2-1 shows the historical and projected population for the Township.

Table 2-1 Historical and Projected Population

Year Population 2006 83,884 2007 86,401 2008 89,397 2009 92,348 2010 95,250 DRAFT2011 98,390 2012 102,610 2013 106,050 2014 110,240

2.3 Solid Waste, Yard Waste, Recycling, and Bulk Waste Services The successful proposer shall provide the following solid waste, yard waste, recycling, and bulk waste services: Collection services;

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Disposal services; and Processing services. This section provides information regarding the current solid waste, yard waste, recycling, and bulk waste services provided within the Township by the private contractor.

2.3.1 Current Collection Services The Township’s private contractor provides the following collection services for single-family residential service units: Solid Waste Collection Service: Once per week fully automated collection via 96 gallon carts and extra bag tag program Yard Waste Collection Service: Once per week, unlimited manual collection via bags, bundled, or customer-provided containers and Christmas trees free of all decorations and stands Recycling Collection Service: Once per week single stream collection via 18 gallon bins Bulk Waste Collection Service: Call-in program in which material is collected on the customer’s regular collection day In addition to providing collection services for single-family residential service units, the private contractor provides solid waste services and a pricing option for recycling collection from multi-family residential service units and non-residential service units (Township buildings). The private contractor also operates and provides collection service for the Township’s recycling drop-off center on Research Forest Drive. In addition, the private contractor provides the following services (or services of equivalent value) at no additional charge: Solid waste collection service of three (3) thirty (30) thirty cubic yard roll-offs twice per contract year at the community flea market; Solid waste collection service of two (2) thirty (30) thirty cubic yard roll-offs for neighborhood cleanups; andDRAFT Collection service of two (2) portable toilets for Earth Day festival.

2.3.2 Current Disposal Services The Township’s private contractor provides disposal services for solid waste and bulk waste collected by the contractor within the Township.

2.3.3 Current Processing Services The Township’s private contractor provides processing services for yard waste and recycling collected by the contractor within the Township. Currently, the private contractor transports yard waste material to Nature’s Way Resources located in

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Background Information

Conroe, Texas. As to recyclable materials, the private contractor provides processing of the following recyclable materials: Paper: Includes newspaper and inserts (remove plastic wrapper), junk mail, magazines, and white and mixed office paper Corrugated Cardboard and Paperboard: Excludes wax or plastic coated materials Aseptic Packaging: Includes shelf-stable cartons (i.e. juice boxes, milk, soy and almond milk, soup and broth, and wine) and refrigerated cartons (i.e. milk, juice, cream, egg substitutes) Glass Bottles & Jars: Includes green, brown and clear glass Aluminum and Tin Food or Beverage Containers: Excludes foil pie pans, aerosol cans and scrap metal Plastic #1 - 7 Rigid Plastic Containers: Includes caps to rigid plastic containers

2.4 Estimated Service Units This section of the RFP presents estimated service units that will be included in the agreement with the successful proposer. To the best of the Township’s knowledge, the information contained herein represents the estimated number of service units to be served under the terms of the agreement. However, the number service units, as stated in this RFP, are approximate and do not constitute a guarantee by the Township as to the exact number of service units to be served.

2.4.1 Single-Family Residential Service Units Table 2-2 shows the historical and projected estimated number of single-family service units in the Township.

Table 2-2 Estimated Single-Family Residential Service Units

Year Single Family Households DRAFT2006 26,438 2007 27,596 2008 28,378 2009 29,171 2010 30,172 2011 30,872 2012 31,712 2013 32,612 2014 33,562 The Township has the sole authority to determine which single-family residential service units will receive service under the agreement. In certain instances, households or neighborhoods may be excluded from service if another governmental

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Section 2 entity also has jurisdiction. The only current example of this exclusion is Hillock Woods in Grogan’s Point, which is approximately 30 homes. Hillock Woods is not serviced under the Township contract as they are in a municipal utility district (MUD) outside the Township which already provides twice per week collection of residential refuse.

2.4.2 Multi-family Residential Service Units Multi-family residential properties are not required to participate in the solid waste and recycling collection services provided by the Township’s private contractor. However, if they receive service from the Township’s private contractor such services are paid by the Township. Table 2-4 shows the estimated service levels of multi- family residential service units.

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Background Information

Table 2-4 Multi-Family Residential Service Units

Name # Size Container Weekly Containers Type Pickups Alden Landing Apartments 4 8 yd Dumpster 3 Alden Landing w/ castors 4 4 yd Dumpster 3 Copperwood 4 8 yd Dumpster 3 Condos at Bay Branch 2 8 yd Dumpster 1 Creekwood Landing 5 8 yd Dumpster 3 Fawn Ridge 2 6 yd Dumpster 3 Fawn Ridge 2 8 yd Dumpster 3 Forest View 5 8 yd Dumpster 3 Grogan's Landing 10 8 yd Dumpster 3 Holly Creek Apartments 9 8 yd Dumpster 3 Parkside Apartment 7 8 yd Dumpster 3 Sterling Green Apartments 4 6 yd Dumpster 2 Tamarac Pines 4 8 yd Dumpster 3 The Forum 4 8 yd Dumpster 3 Timber Mills Apartments 4 8 yd Dumpster 3 Village Square Apartments 2 6 yd Dumpster 3 Village Square Apartments 5 8 yd Dumpster 3 Windvale Pines 1 2 yd Dumpster 1 Windvale Pines 2 96 gal Dumpster 1 Wood Glen Apartments 3 6 yd Dumpster 3 Wood Glen Apt 2 8 yd Dumpster 3 The Park @ Research Forest 5 8 yd Dumpster 5 Oasis Pointe Condo 2 4 yd Dumpster 1 Tanglebrush Villas 3 2 yd Dumpster 2 Sterling Ridge States 1 30yd Compactor on-call Whispering Pines 1 30yd Compactor on call Pine Creek RanchDRAFT 1 30yd Compactor on call Plantation 1 30yd Compactor on call Boardwalk 1 30yd Compactor on call The Township reserves the right at any time to modify service levels at a particular multi-family service unit or add/remove multi-family service units to be serviced. This list is intended to provide proposers with an understanding of the general level of effort that will be required to collect multi-family service units in the Township. Additional multi-family service units will be added as needed.

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2.4.3 Non-Residential Service Units (Township Buildings) Non-residential service units (Township buildings) consist primarily of Township office locations and fire stations. Table 2-5 shows the estimated service levels of non- residential service units that receive service from the Township’s private contractor.

Table 2-5 Non-Residential Service Units

Name Type of # Size Container Weekly Building Containers Type Pickups 8203 Millennium Forest Drive Office 4 8 yd Dumpster 2 Recreation Center Office 1 8 yd Dumpster 1 Rob Fleming Aquatics Center 1 Park 1 8 yd Dumpster 2 Rob Fleming Aquatics Center Recycling 1 Park 1 8 yd Dumpster 1 9012 New Trails Office 1 8 yd Dumpster 1 Station 1 (9951 Grogans Mill Road) Fire Station 1 8 yd Dumpster 1 Station 2 (9303 Gosling Road) Fire Station 1 8 yd Dumpster 1 Station 3 (1522 Sawdust Road) Fire Station 1 96 gal Cart 1 Station 4 (7900 Bay Branch Drive) Fire Station 1 4 yd Dumpster 1 Station 5 (10100 Branch Crossing Drive) Fire Station 1 6 yd Dumpster 1 Station 6 (1100 Windsor Lakes Blvd) Fire Station 1 6 yd Dumpster 1 Station 7 (7553A Creekside Green) Fire Station 2 96 gal Cart 1 Station 8 (11800 Gosling Road) (proposed) Fire Station TBD TBD TBD TBD Emergency Training Center (16135 IH 45 S.) Office 1 8 yd Dumpster 1 1.Service provided on a seasonal basis.

The Township reserves the right at any time to modify service levels at a non- residential service unit or add/remove residential service units to be serviced. This list is intended to provide proposers with an understanding of the general level of effort that will be required to collect non-residential service units in the Township. Additional Township buildingsDRAFT will be added as needed. 2.4.4 Recycling Drop-Off Center The Township has a recycling drop-off center on Research Forest Drive near Bear Branch Park that is operated by the Township’s private contractor. Material is collected source-separated. Table 2.6 below shows the number of pulls per month from the recycling drop-off center over the past two years.

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Background Information

Table 2-6 Monthly Pulls from Recycling Drop-Off Center

2009 2010 Month Recyclables Yard Waste Recyclables Yard Waste January 10 10 9 10 February 10 10 8 10 March 12 10 7 19 April 11 14 9 24 May 13 15 6 18 June 14 13 7 22 July 14 13 9 18 August 10 0 8 14 September 11 13 10 12 October 11 12 9 10 November 7 11 9 10 December 15 7 Unavailable Unavailable The Township reserves the right at any time to modify service levels at a the recycling drop-off center. This list is intended to provide proposers with an understanding of the general level of effort that will be required to collect the current recycling drop-off center in the Township.

2.4.5 Other Services In addition to providing the above services, the solid waste contractor provides the following collection services or equivalent service at no additional charge to the Township: Solid waste collection service of three (3) thirty (30) thirty cubic yard roll-offs twice per contract year at the community flea market; Solid waste collection service of two (2) thirty (30) thirty cubic yard roll-offs for neighborhood cleanups; and DRAFT Collection service of two (2) portable toilets for Earth Day festival.

2.5 Historical Tonnage Information The successful proposer shall provide collection of the following materials: Solid Waste; Yard Waste; Recycling; and Bulk Waste.

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This section of the RFP presents historical solid waste, recyclables, bulk waste, and yard waste tonnage generated from the Township’s single-family residential service units as well as the recyclables tonnage generated from the drop-off center. Tonnage information for multi-family residential service units or non-residential service units (Township buildings) is not available.

2.5.1 Single-Family Residential Tonnage Table 2-7 shows single-family residential tonnage of refuse, bulk waste, yard waste, and recycling for the past five years.

Table 2-7 Single-Family Residential Tonnage 1

Year Refuse and Yard Waste Recycling Bulk Waste 2006 29,076 6,754 4,774 2007 28,623 8,470 4,995 2008 32,001 10,064 5,371 2009 30,159 7,278 5,872 2010 (through November) 22,461 4,828 8,123 1. Tonnage data provided monthly with billing.

2.5.2 Recycling Drop-Off Center Tonnage Table 2-8 shows tonnage generated from the recycling drop-off center for the past three years.

Table 2-8 Recycling Drop-Off Center Tonnage

2010 Tons Material 2008 Tons 2009 Tons (through August) Old Corrugated Cardboard 114 165 153 Old Newspaper DRAFT52 54 32 Aluminum and Tin Cans 11 5 4 Mixed Paper 44 73 38 Mixed Plastics 31 32 28 Glass 135 179 130 Yard Waste (CY uncompacted) 4,770 4,245 4,680

2.6 Public Education The Township’s Environmental Services Department has developed a robust public education program for ongoing solid waste and recycling services and other environmental efforts. The annual budget for environmental education is

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Background Information approximately $62,000. The Environmental Services Department has 2.5 full-time equivalent (FTE) Environmental Education Program Coordinators, one FTE manager, and 0.75 FTE seasonal interns who are primarily involved in mosquito surveillance and education. In addition, the Environmental Services Department has a service agreement with the Woodlands GREEN, a non-profit partner. The Woodlands GREEN provides volunteers for many of events and programs and assist with direct mail educational pieces. Examples of the Township’s public education materials that are distributed on an ongoing basis are shown in Appendix C of this RFP.

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Section 3 Scope of Services and Key Agreement Provisions Introduction

The purpose of this section of the RFP is to familiarize proposers with the scope of services and key agreement provisions to be included in the agreement between the Township and the successful proposer.

3.1 Scope of Services The successful proposer shall provide the scope of services as defined in this section for the term of the agreement.

3.1.1 Term The initial term for the agreement between the Township and the successful proposer shall be for eight (8) years commencing on February 1, 2012 at 12:00 AM, CST. Upon expiration of the initial term on January 31, 2020 at 11:59 PM, CST, the agreement may be renewed by the Township for an additional term of a minimum of one (1) year to a maximum of five (5) years.

3.1.2 Hours of Operation Excluding holidays, the successful proposer shall provide collection services Mondays through Fridays between 7:00 AM, CST and 7:00 PM, CST. Holidays shall include the following: New Year’s Day; Memorial Day; Independence Day; Labor Day; DRAFT Thanksgiving Day; and Christmas Day. These holidays, are only observed when they occur on a weekday. There will be no single-family service on those days. Single-family service will resume the next day, including the Saturday following the holiday. Any holiday falling on a weekday will push all subsequent service days back one day. Regular service will resume the following week. The hours of operation for the disposal and processing services shall be sufficient to support the collection services provided by the successful proposer to the Township.

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3.1.3 Collection Services Description of Services The successful proposer shall provide collection services to single-family residential service units, multi-family residential service units, and designated non-residential service units (Township buildings) approved by the Township to receive services under the agreement between the successful proposer and the Township. Section 2 of this RFP contains estimates of the single-family residential service units, multi-family residential service units, and designated non-residential service units to be provided collection services by the successful proposer. For single-family residential service units, the Township has defined collection service options to evaluate the current collection service and alternative collection services. Prior to execution of the agreement, the Township shall define the collection service to be provided to single-family residential service units from the following options. For each type of service, the Township will select one option to be provided to all single-family residential service units. Solid Waste Collection (one option will be selected by the Township): Once per week collection via 90-100 gallon carts and extra bag tag program (as described below). Customers may request an additional solid waste container, the cost of which will be incurred by the resident; OR Once per week collection via 60-70 gallon carts and extra bag tag program (as described below). Customers may request an additional solid waste container, the cost of which will be incurred by the resident; OR Once per week collection via 30-40 gallon carts and extra bag tag program (as described below). Customers may request an additional solid waste container, the cost of which will be incurred by the resident. Yard Waste Collection (one option will be selected by the Township): Once per week, unlimited collection via conventional plastic bags, bundled, or resident-provided container and Christmas trees free of all decorations and stands; OR DRAFT Once per week, unlimited collection via compostable bags, bundled, or resident- provided container and Christmas trees free of all decorations and stands (excludes non-compostable bags). Recycling (one option will be selected by the Township): Once per week single stream collection via 18 gallon bins. Customers may request additional bins at no charge to the Township; OR Once per week single stream collection via 90-100 gallon carts. Customers may request additional carts at no cost to the Township; OR Every other week single stream collection via 90-100 gallon carts. Customers may request additional carts at no cost to the Township.

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Bulk Waste: Call-in program in which material is collected on the customer’s regular collection day. Successful proposer shall be responsible for scheduling pick-ups of bulk waste. The collection services for single-family residential service units shall include solid waste, yard waste, recycling, and bulk waste collection services at the curbside. For multi-family residential service units and designated non-residential service units, the successful proposer shall provide solid waste and/or recycling collection service. The Township shall determine the collection container (i.e. cart or dumpster) and frequency for multi-family residential service units and designated non-residential service units solid waste and recycling collection services. In addition to providing the above collection services, the successful proposer shall provide the following collection services or equivalent as agreed by the Township: Solid waste collection service of three (3) thirty (30) thirty cubic yard roll-offs twice per contract year at the community flea market; Solid waste collection service of two (2) thirty (30) thirty cubic yard roll-offs for neighborhood cleanups; and Collection service of two (2) portable toilets for Earth Day festival.

Set Out Requirements The following set-out requirements will apply to single-family residential service units: Solid Waste: No bagged refuse may be set outside of the cart unless tagged with contractor-provided extra bag tags. These extra bag tags are available for purchase at Township offices and local supermarkets. Recycling: No materials may be set outside of the cart, if a cart is selected for use by the Township. If a bin is selected for use by the Township, additional material may be set out next to the bin in any open container. Yard Waste: Grass clippings and leaves must bagged or in a container weighing less than 40 pounds.DRAFT Branches, tree limbs and trimmings must be no larger than 4" in diameter or 4' in length and tied in bundles no higher than 4' in height and under 40 pounds. Bulk Waste: Only items that are too large to be set out in the solid waste cart will be allowable for bulk waste collection. Successful proposer shall only be required to collect refrigerators and freezers that are certified Freon-free. Bagged solid waste and yard waste are not permissible to be set out by residents for bulk waste collection.

Other Service Issues The successful proposer will be permitted, but not required, to negotiate with individual HOAs for enhanced services beyond the base level of services that will be

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provided and funded by the Township. An example of enhanced services is side-door service. Enhanced services will be at the sole cost of the Home Owners Association. The Township will not encourage or promote the negotiation of enhanced services. Under the current service agreement, one HOA, The Point, has negotiated side-door service for the HOA.

3.1.4 Disposal Services The successful proposer shall provide for disposal services for all solid waste and bulk waste collected within the Township.

3.1.5 Processing Services The successful proposer shall provide for processing services for all yard waste and recyclable materials collected by the proposer within the Township. At a minimum, the successful proposer shall provide for processing of the following recyclable materials: Paper: Includes newspaper and inserts (remove plastic wrapper), junk mail, magazines, and white and mixed office paper Corrugated Cardboard and Paperboard: Excludes wax or plastic coated materials Aseptic Packaging: Includes shelf-stable cartons (i.e. juice boxes, milk ,soy and almond milk, soup and broth, and wine) and refrigerated cartons (i.e. milk, juice, cream, egg substitutes) Glass Bottles & Jars: Includes green, brown and clear glass Aluminum and Tin Food or Beverage Containers: Excludes aerosol cans and scrap metal Plastic #1 - 7 Rigid Plastic Containers The Township is interested in increasing recycling within the community. For the term of the agreement, the Township may include any or all additional materials proposed to be included by theDRAFT proposer. 3.1.6 Recycling Drop-off Center Operations The successful proposer shall operate the recycling drop off center for a minimum of five (5) hours on Saturdays and three (3) hours on a regularly scheduled weekday evening. The successful proposer shall be responsible for ensuring the following: Provision of sufficient roll-off containers to accommodate all recyclables dropped off by residents during operating hours; Provision of an air conditioned trailer with sufficient space for an office, all necessary office furniture and equipment, as well as all utilities to professionally operate the center; Providing and maintaining one or more portable toilets for use by successful proposer’s staff and center volunteers;

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Transportation of all recycling containers to a processing facility; Marketing and processing of all recyclable materials collected from the drop-off center; Ensuring that the containers are covered or otherwise maintained to provide protection from the weather as to prevent the degradation of materials or the scattering of recyclables by the wind; Maintaining the recycling drop-off center in a clean condition; Ensuring that recyclable materials are properly separated by residents; Ensuring that solid waste, hazardous waste, and other non-recyclable materials are not left at the recycling drop-off center; Ensuring that the recycling drop-off center is locked during hours when not staffed; and Maintaining proper records at the recycling drop-off center as to comply with reporting requirements set forth in this RFP.

3.1.7 Special Event Services The Township is interested in utilizing the successful proposer, at the Township’s option, to provide solid waste and recycling services for Township events. The goal for events sponsored by The Township is to be Zero Waste. Proposers should include in proposals a description of the services that may be provided for these events. The services will be incorporated into the agreement based on the specific proposal of the successful proposer.

3.1.8 Equipment Residential Carts and Bins The successful proposer shall provide all equipment required to perform the scope of services unless otherwise specifically stated herein. The Township is interested in evaluating purchasing the carts to be used for residential service within the Township. Prior to executionDRAFT of the agreement, the Township shall determine whether the Township or the successful proposer shall purchase the bins and carts required for solid waste and recycling collection services. Regardless of whom purchases the bins and carts, the successful proposer and the Township agree to the following: The successful proposer shall provide a staging area within five (5) miles of the Township for the initial distribution of the bins and carts; The successful proposer shall oversee the initial distribution of bins and carts. (The entity that purchases the bins and carts will be responsible for the cost of the assembly and initial distribution of bins and carts); The successful proposer shall maintain, store, and distribute replacement bins and carts after the initial distribution; and

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Ownership of all carts and/or bins being used for residential service within the Township shall rest with the Township upon the expiration or termination of the agreement. Bins and carts purchased for this agreement shall be manufactured within the United States. The appearance of the bins and carts shall be approved by the Township.

Containers for Multi-Family and Designated Non-Residential Customers The successful proposer shall provide the collection containers, including carts, front- load containers, and roll-off containers necessary to provide service to multi-family and designated non-residential customers within the Township.

Collection Vehicles The successful proposer shall provide collection services within the Township with collection vehicles of less than eight (8) years of age during the initial term. If the Township awards the renewal term, Contractor shall provide collection with collection vehicles of years of age less than the number of years of the initial term plus the number of years of the renewal term. Collection vehicles shall be painted uniformly with the name of proposer, customer service office telephone number, and the unique identification number of the vehicle. Collection vehicles shall be equipped with spill kits and communication devices with access to the successful proposer’s office and the Township. In certain areas of the Township, hindrances to collection may exist, including, but not limited to, the following: narrow streets, low-hanging trees, or cul de sacs. The successful proposer will be required to provide vehicles capable of servicing all areas of the Township, including any areas with potential hindrances to collection. The Township has an interest in CNG vehicles to provide collection services within the Township. If proposer proposes to provide services with CNG vehicles, such proposer shall state whether The Woodlands, the County, the school district, and/or other entities may utilize the proposer’s fueling station.

Other Requirements Advertising for third parties DRAFTis prohibited on bins, carts, and collection vehicles. The successful proposer shall maintain all collection equipment, excluding carts and bins in the possession of a residential customer, in a clean manner and in accordance with industry standards.

3.1.9 Personnel The successful proposer shall provide all personnel required to perform the scope of services. For the term of the agreement, the successful proposer shall maintain the following personnel: Representative that is authorized to make decisions and act on its behalf accessible to the Township twenty-four (24) hour a day via a non-toll call from the Township;

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Operations manager qualified to be in charge of the operations under the agreement between the successful proposer and the Township; Recycling drop-off center attendant(s) sufficient to properly maintain the center and handle flow of traffic entering and exiting the facility and with adequate language skills to communicate with residents using the facility; and Other personnel required to provide the scope of services. The successful proposer shall hire and maintain qualified personnel to provide the scope of services. As for personnel who normally or regularly come into direct contact with the public, the successful proposer shall ensure such personnel bear some means of individual identification such as uniform with name badges, name tags, or identification cards. As for personnel operating commercial vehicles, the successful proposer shall ensure such personnel have a valid commercial driver’s license. Proposer will ensure all employees and temporary laborers have the appropriate and current authorization to work in the United States. Proof of such authorization shall be provided to the Township upon request. All personnel shall serve the public in a courteous and helpful manner. The Township may request that any personnel that is wanton, discourteous, belligerent, profane, or in any way intimidating, either physically or verbally, toward residents of the Township be barred from further work for the successful proposer in connection with the agreement with the Township.

3.1.10 Public Education and Outreach In the event that a single-family residential service unit sets out materials improperly for collection, and the successful proposer determines that the set out should not be collected, the successful proposer shall leave a public education notice describing why the set out was not collected. All public education notices shall be approved by the Township before being used within the Township. In addition, each contract year, the successful proposer shall provide funds to the Township for public education and outreach. Proposers should include in proposals the annual percent of the contract value that shall be provided to the Township for public education andDRAFT outreach, as shown in Form 6.

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3.1.11 Customer Service Office and Complaints

The successful proposer shall maintain a customer office within the United States staffed with personnel Monday through Friday, 8:00 AM, CST to 5:00 PM, CST. All customer service complaints shall initially be directed to the successful proposer. The successful proposer shall resolve each complaint within one (1) business day of receipt of such complaint.

3.1.12 Schedules and Routes The successful proposer shall provide collection services to customers on a scheduled collection day. The successful proposer shall maintain the schedules and the routes on file with the Township. Any changes to the schedule and/or routes for single-family residential service units are subject to the approval of the Township.

3.1.13 Recordkeeping and Reporting The successful proposer shall create, maintain, and make available to the Township the following records: Document solid waste and bulk waste tonnage delivered to disposal facility; Document yard waste material delivered to processing facility by tons, non- compacted cubic yards, or compacted cubic yards, and unaccepted loads by date collected; Document tonnage of recyclable materials delivered to processing facility and unaccepted loads by date collected; Document complaints on a daily basis including the address, time and date for each complaint and the reason, resolution and other information as requested by the Township; Document number of vehicles entering the recycling drop-off center and other information as requested by the Township; and Such other documents and reports as the Township may reasonably require to verify compliance with DRAFTthe agreement or to meet the Township's reporting requirements. To the extent possible, the successful proposer shall provide the above information for each customer type served, including single-family residential, multi-family residential, designated non-residential, and recycling drop-off center. The successful proposer shall submit electronic reports of the above records, using software and formats approved by the Township, on a monthly basis. All records shall be available to Township at reasonable times and places throughout the term of this agreement and for a period of five (5) years after last or final payment.

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3.2 Key Agreement Provisions This section of the RFP identifies select key provisions to be included in the agreement between the Township and the successful proposer.

3.2.1 Commingling of Materials Prohibited The successful proposer shall not commingle the following materials: Solid waste, yard waste, recyclable materials, and/or bulk waste collected pursuant to this agreement with other materials generated from other sources or communities; Recyclable materials collected pursuant to this agreement with solid waste, yard waste, bulk waste, and/or other material; or, Yard waste collected pursuant to this agreement with solid waste, recyclable materials, bulk waste, and/or other material.

3.2.2 Disposal of Recyclable Materials or Yard Waste Materials Prohibited The successful proposer shall not dispose of any collected recyclable materials or yard waste materials or market recyclable materials or yard waste materials to markets that the successful proposer knows or reasonably should have anticipated will dispose of the such materials except when approved in writing by the Township.

3.2.3 Performance Bond The successful proposer shall obtain a performance bond equal to one-third (approximately four months worth) of the annual value of the agreement. The performance bond shall be in a form approved by the Township, and shall be renewed each year thereafter throughout the term of the agreement and any renewal term. The amount of the Performance Bond shall increase or decrease the same percentage as the annual rate adjustmentDRAFT as defined in Section 3.3.6 of this RFP. 3.2.4 Insurance Successful proposer shall procure and maintain, during the life of agreement insurance coverage listed below. If Federal, State or local law requires a higher insurance limit, successful proposer shall procure and maintain the policy limit as specified by the applicable law. (i) Worker's Compensation Insurance - on behalf of itself, its partners, and all employees employed directly or indirectly by proposer who are to provide a service under the agreement of limits no less than as required law. (ii) Comprehensive/Commercial General Liability: (no pollution exclusion endorsement is permitted)

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Bodily Injury Liability (except automobile): [insert coverage amount] per occurrence

Property Damage Liability (except automobile): [insert coverage amount] per occurrence

Total Aggregate: [insert coverage amount]

(iii) Automobile Liability:

Bodily Injury: [insert coverage amount] each person Property Damage: [insert coverage amount] per occurrence

3.2.5 Indemnification The successful proposer will be required to agree to release, protect, defend, indemnify, and hold harmless The Woodlands Township and its officers, directors, partners, representative, employees, and agents (“Indemnified Group”), from and against any and all claims (including claims of Third Parties and claims of spouses, heirs, survivors or legal representatives, successors and assigns of the successful proposer for personal injury, illness, death, property (whether real or personal, owned or leased) damage) loss, damage, liabilities, costs (including attorney’s fees), fines, suits, administrative proceedings, judgments, and expenses (together “Claims”) arising out of, resulting from, or related to the successful proposers performance of the services provided for in this RFP and under any agreement entered into as a result of this RFP including (i) applicable requirements of any environmental law; (ii) any environmental claims; (iii) the failure of the successful proposer or any subcontractor to obtain, maintain, or comply with any applicable environmental permit; (iv) the presence or existence of hazardous material in violation of any federal, state, or local law; (v) the transport, treatment, storage, collection or disposal of hazardous materials or solid waste; and (vi) any other obligations or actions of the successful proposer, even if the Claims are contributed to or caused by the sole, joint, comparative, concurrent, active or passive negligence of any member(s) of the Indemnified Group. The release, protection, defense, indemnity and hold harmless obligations assumed by the successful proposer, andDRAFT the limitations afforded the Indemnified Group, in this paragraph include any liability for employment discrimination, medical, compensation, or other benefits owed to employees of the successful proposer as a result of the direct employment relationship of such individuals with a member of the successful proposer even if such individuals are determined to be the borrowed or statutory employee of any member(s) of the Indemnified Group. The successful proposer’s obligations will not be diminished or affected in any respect as a result of any notice or disclosure or other knowledge, if any, by, the Indemnified Group. Additionally, while not anticipated, in the event that any remedial work becomes necessary or required under any law because of, or in connection with, the presence, release or threatened release of hazardous or other materials in or into the

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air, soil, ground water or surface water at, on, about, under within or near any location used or operated by the successful proposer or any other location as a result of or in connection with the services provided by the successful proposer as a result of this RFP, the successful proposer shall, within twenty-four (24) hours after written demand for performance thereof by The Woodlands Township (or such shorter period of time as may be required under any applicable law, regulation, order or agreement), promptly commence, or cause to be commenced, and thereafter diligently prosecute to completion, all such remedial work. All such remedial work shall be performed by the successful proposer or one or more subcontractors, reasonably approved in advance in writing by The Woodlands Township. All costs of such remedial work shall be paid by the successful proposer including, without limitation, reasonable costs incurred by The Woodlands Township in connection with the monitoring or review of such remedial work. In the event the successful proposer shall fail to promptly commence, or cause to be commenced, or fail to diligently prosecute to completion, such remedial work, The Woodlands Township may, but shall not be required to, cause such remedial work to be performed and all costs of such remedial work shall become an obligation of the successful proposer. The indemnifications and hold harmless, as well as all rights an obligations thereunder will survive the termination or completion of the services to be performed by the successful proposer, and shall be for the maximum extent provided for by law.

3.2.6 Administrative Charges The Township may withhold payment from the successful proposer in the amounts specified below as administrative charges for failure to fulfill its obligations. Missed Collection: $25 for each missed collection above two (2) misses per collection day, to be assessed at the end of each collection month, at the discretion of the Township’s Contract Administrator. A missed collection occurs when a resident reports that their material was set at the curb by 7:00 AM, CST and was not collected. Missed Single-familyDRAFT Residential Service Unit Block: $500 for each incident of failing to pick up material on a block, to be assessed at the discretion of the Township’s Contract Administrator. A missed block is defined as one side of a street between cross streets or an entire cul de sac where residents from at least three households on that street report that they had their material out before 7:00 AM, CST the material was not picked up. Failure to Provide Residential Services During Normal Hours of Operation: $250 for each vehicle providing collection services on the streets in the Township prior to or after the hours of operation, to be assessed at the discretion of the Township’s Contract Administrator.

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Failure to Complete a Majority (50%) of the collections on a given day: $2,500 each incident, to be assessed at the discretion of the Township’s Contract Administrator. Failure to clean up material spilled or littered by Contractor within two (2) hours of verbal or written notification: $250 each incident, to be assessed at the discretion of the Township’s Contract Administrator. Failure to maintain vehicle in manner consistent with the agreement: $100 each incident, to be assessed at the discretion of the Township’s Contract Administrator. Failure to address complaints within one (1) business day: $100 each incident, to be assessed at the discretion of the Township’s Contract Administrator. Failure to provide a complete monthly reports: $250 each incident, to be assessed at the discretion of the Township’s Contract Administrator. Failure to return bins, carts, and containers to approximately original location: $25 each incident, to be assessed at the discretion of the Township’s Contract Administrator. Commingling materials that are prohibited to be commingled: $1,000 each incident, to be assessed at the discretion of the Township’s Contract Administrator. Failure to leave a public education notice when material that is inappropriately prepared is not collected: $100 each incident, to be assessed at the discretion of the Township’s Contract Administrator. Failure to be able to accept materials on any day after the date upon which service begins on which materials are to be collected: $3,000 each day, to be assessed at the discretion of the Township’s Contract Administrator.

3.2.7 Billing, Payments, and Annual Rate Adjustments Prior to commencement of the initial term and each January thereafter for the life of the agreement, the Township and the successful proposer shall conduct a survey to determine the count of occupied single-family residential service units. During the contract year, the Township shall amend the customer list on a monthly basis to include newly constructed DRAFTsingle-family residential service units In addition to amending the customer list for newly constructed single-family residential service units, the Township may amend the customer list during the term of the agreement to add or delete houses as needed. The successful proposer shall notify the Township if the successful proposer believes a customer should be added or removed from the customer list. Utilizing the current customer list, the successful proposer shall submit a detailed itemized bill to the Township on or before the 25th calendar day of the month for all services performed the prior calendar month based on the rate schedule less recycling revenue share due to the Township less any amounts the Township may otherwise withhold or retain as provided by the agreement. On January 30, 2013 and every January 30th thereafter for the life of this agreement, all rates shall be adjusted, increased or decreased, based upon the following:

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Inflation Adjustment: The Inflation Adjustment shall be based on the most recent December CPI-Southern Urban Consumers (CUUR0300SA0),, Unadjusted 12 months ended January, Item: All items. Fuel Adjustment: The Fuel Adjustment shall be based on the price index by the DOE adjustment shall be based on the most recent price as of February 1st and change from the previous February 1st for Diesel Fuel for the Gulf Coast Region (cents per Gallon), U.S. The inflation adjustment shall equal eighty-eight percent (88.00%) and the fuel adjustment shall equal twelve percent (12.00%) of the total annual rate adjustment. The annual rate adjustment shall not exceed three percent (3.00%) per contract year and shall not be less than zero percent (0.00%) per contract year.

3.2.8 Termination Termination for Cause: The Township may terminate the agreement with the successful proposer if the Township determines (i) the successful proposer fails to fulfill or maintain in a timely and proper manner any obligations, duties or provision of or under the agreement and the successful proposer fails to cure such default within thirty (30) calendar days of receipt of notice; (ii) the successful proposer if the Township determines the successful proposer frequently, regularly, or repetitively defaulted in the performance of any obligations, duties or provision of or under the agreement; (iii) the successful proposer is adjudicated voluntary or involuntary bankrupt, or a petition is filed by or against the successful proposer to declare the successful proposer bankrupt; (iv) the successful proposer is subject to the appointment of a receiver or trustee and fails to have the receiver or trustee removed within sixty (60) calendar days; (v) any assignment of the successful proposer’s property shall be made for the benefit of creditors; (vi) the successful proposer becomes insolvent, or is unable to pay its debts as they become due; (vii) the successful proposer fails to provide and maintain the performance bond as required by the agreement; (viii) the successful proposer fails to provide and maintain the insurance policies and endorsements as required by the agreement; (ix) the successful proposer fails to provide the proof of performance bond and insurance as required by the agreement; or (x) the successful proposer fails to timely and fullyDRAFT pay any or all payments, administrative charges, and other amounts in accordance with the agreement. If the Township terminates the agreement with the successful proposer for cause, the Township shall not be obligated to pay the successful proposer for any amounts past the date of notification of termination. Termination Due to Unavailability of Funds: If funds are not appropriated or otherwise made available to support continuation of performance, the Township may terminate the agreement with the successful proposer. If the Township terminates the agreement with the successful proposer due to unavailability of funds, the Township shall not be obligated to pay the successful proposer for any amounts past the date of notification of termination.

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3.2.9 Assignment The Township may assign the agreement to a local government upon pending or actual dissolution of the Township. The successful proposer may not transfer, subcontract, or assign this agreement without the Township’s prior written consent. In the event the Township provides consent to the successful proposer’s assignment, the assignee shall comply with any conditions that Township may reasonably require for assignment of the agreement, and shall accept such assignment and perform all work and other obligation of the successful proposer as fully as if the agreement were originally made by the assignee. Any assignment by the successful proposer shall not relieve or excuse the successful proposer in the event the assignee does not fully perform all work and other obligations of the successful proposer under the agreement. Any assignment by the Township shall relieve and excuse the Township in the event the assignee does not fully perform all work and other obligations under the agreement.

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Section 4 Proposal Format and Content

4.1 Proposal Format

4.1.1 Signatures All required signatures shall be manual, in ink by an authorized representative of the proposer who has legal authority to bind the proposer in contractual obligations.

4.1.2 Proposal Organization Proposers shall submit their proposals on the forms provided in Appendix B of this RFP or their substantial equivalent. Any substitute document must be legible and contain the same information requested on the forms. Proposals shall be submitted in the format indicated Table 4.1. The content of each chapter is described in Section 4.2 of this RFP.

4.1.3 Typed or Ink Corrections Proposals shall be typed or in ink. Erasures or other modifications in the proposal shall be initialed in ink by the person authorized to sign the proposal as set forth in Section 4.1.1.

Table 4.1 – Proposal Organization

Chapter Content Form 1 Letter of Intent None 2 Statement of Organization Form 1 3 Disclosure of Preclusion from Participating in Public Procurement None 4 Method of Approach None 5 Key PersonnelDRAFT None 6 Experience Form 2 7 Financial Capacity None 8 Certificate of Insurability Form 3 9 Acknowledgement of Addendums Form 4 10 Exceptions to Solicitation None 11 Non-Collusion Form 5 12 Pricing Information Form 6

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4.2 Proposal Content The proposal shall contain all of the following information.

4.2.1 Chapter 1 – Letter of Intent Letter of Intent shall be signed in accordance with Section 4.1.1 of this RFP and shall include the following statements: Each proposal shall contain a statement that the proposal is a firm offer for a one hundred eighty (180) calendar day period from the opening date. Representation as to the accuracy and completeness of proposal, as follows: The information contained in this proposal or any part thereof, including its exhibits, schedules, and other documents and instruments delivered or to be delivered to the Township, are true, accurate, and complete to the proposer’s knowledge. This proposal includes all information necessary to ensure that the statements herein do not in whole or in part mislead the Township as to any material facts.

4.2.2 Chapter 2 – Statement of Organization Proposer must complete Form 1. Proposer’s are permitted to supply additional information that will assist the Township in understanding the proposer’s organization.

4.2.3 Chapter 3– Disclosure of Preclusion from Participating in Public Procurement If the firm, business or person submitting this proposal has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall fully explain the circumstances relating to the preclusion or proposed preclusion in the proposal. The proposer shall include a letter with its proposal setting forth the name and address of the governmental entity, the effective date of this suspension or debarment, the duration of the suspension or debarment,DRAFT and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above shall be provided.

4.2.4 Chapter 4 – Method of Approach Proposers must provide the following information as to their method of approach to accomplish the scope of services set forth in Section 3 of this RFP.

A. Transition Plan Proposer will describe its proposed strategies to ensure a smooth transition from the current residential service provider to the successful proposer and/or service changes. In the transition plan, proposer must describe the following:

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Individual or group of individuals that will oversee the transition. Proposed approach, including equipment, personnel, and schedule, for delivering carts and/or bins to customers. Proposers shall also describe how the delivery of carts and/or bins will be conducted in coordination with removal of the existing carts and bins used by the current service provider. Proposers will describe the procedure for collection in the event that residents set out refuse in both the existing cart and the new cart for collection during the transition period. Overall schedule for the transition. Proposed strategies for customer communication regarding the potential transition of service providers.

B. Collection Route Schedules and Maps Proposer shall include a proposed route schedule and maps for single-family residential services. Solid waste, yard waste, recycling, and bulk waste services shall be conducted for customers on the same day of the week. The Township has a strong preference for residents to maintain the same routing schedule and collection days as is used by the current provider. However, the Township’s primary goal is to provide cost effective services. Proposers must describe if any residential households would have a change in collection days, and approximately how many households would be impacted by a change in collection days. Information regarding current collection routes is provided in Appendix A.

C. Single-Family Residential Containers Proposer shall describe the single-family residential carts and bins that will be purchased by the proposer if the Township elects for proposer to purchase such carts and bins. The description shall include, at a minimum, the manufacturer, capacity, color, and method of affixing Township logo. The capacity of the carts shall be 30-40 gallons, 60-70 gallons, or 90-100 gallons specified in the forms. Photos of the proposed carts and bins should be included. If requested, proposer shall provide a sample of the carts and bins to the Township. Proposer shall describe procedures used to minimize damageDRAFT to carts and bins. D. Multi-Family Residential and Designated Non-Residential Containers Proposer shall describe the containers that will be used to provide service to multi- family residential and designated non-residential customers. Descriptions shall include, at a minimum, the manufacturer, color, capacities, and logos on the containers. Photos of the proposed containers should be included. Proposers must provide a description of the container maintenance program, including frequency of cleaning and any fees associated with excessive container maintenance.

E. Collection Vehicles Proposer shall meet the collection equipment requirements as set forth in the scope of services. Proposer shall describe the following:

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Number and type of vehicles proposed for each service (single-family residential, multi-family residential, and designated non-residential). The description must include the make, model, and age of each proposed vehicle. Photos of each type of vehicle proposed should be included. Proposer shall describe the proposed maintenance program for all collection vehicles used to perform services, including a proposed frequency of cleaning vehicles. Proposer shall include the number of front line and spare vehicles to be used to perform each service. Proposers must specify the number of vehicles to be used to perform residential solid waste collection, recycling collection, yard waste collection, and bulk waste collection. In addition, proposer must indicate if the number of front-line and spare vehicles would change based on the service level selected by the Township (e.g., every other week versus weekly recycling collection). Proposer shall describe any new equipment to be acquired, and provide a timeline for acquisition of new equipment. Proposer shall identify the number of personnel needed to for each collection crew to conduct each service.

F. Disposal, Yard Waste Processing, and Recycling Processing Facilities Proposer shall identify the disposal facility, yard waste processing facility, and recycling processing facility to be used to provide service to the Township and provide documentation that such facilities are able and willing to accept material collected from the Township. The documentation should indicate that the disposal facility has the capacity to accept materials from the Township for the term of the agreement. If proposer owns and operates the facility, such documentation is not required.

G. Recyclable Materials Accepted Proposer shall identify all of the recyclable materials that will be accepted as to meet or exceed the requirements set forth in the scope of services. Proposer shall identify any additional materials that can be collected as part of the recycling program at no additional cost. If proposerDRAFT is unable to recycle a material set forth in the scope of services, proposer shall indicate the inability to accept that material as an exception to the RFP.

H. Revenue from Recyclable Materials Proposer shall indicate whether the Township will receive revenue from recyclable materials collected pursuant to the agreement. Proposer must provide a detailed description of the proposed method of providing revenue to the Township from recyclables, including whether a different methodology will be applied to recyclables from varying sources (e.g., single-family residential, multi-family residential, designated non-residential, and recycling drop-off center).

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228

Proposal Format and Content

I. Recycling Drop-Off Center Operations Proposers shall describe their method of approach to providing drop-off center operations as to meet or exceed the requirements shown in the scope of services. The description should, at a minimum, include the following: Number of roll-off containers proposed to be provided; Type of trailer proposed to be provided; Number of staff proposed to be provided during operating hours; and Other information to enable the Township to understand proposer’s approach.

J. Multi-Family and Designated Non-Residential Recycling Services The Township is interested in expanding recycling services that are currently available to multi-family residential and designated non-residential properties. The Township requests that proposers provide information on recycling services that would be offered as a potential service to these customers. Proposers must provide the following information: Materials to be collected; Containers to be used; and Planned methods of customer education regarding the existence of and proper participation in the recycling program.

K. Special Event Services The Township has an interest in utilizing the successful proposer to provide solid waste and recycling service at Township special events. The Township requests that proposers provide information regarding potential solid waste and recycling services for Township Events, including the following: Recyclable materials to be collected; Containers to be used; Planned methods of event attendee education regarding the existence of and proper participation inDRAFT the recycling program; and Pricing for services provided.

L. Personnel Proposer shall meet the personnel standards as set forth in the scope of services. Proposer shall describe the following: Proposer shall describe policies and procedures that are in place to ensure that personnel performing services are qualified and proficient. Proposer shall describe any training programs for personnel. Proposer shall describe the dress code that is required for personnel.

4-5

229

Section 4

M. Public Education Proposer shall provide funds to the Township for public education and outreach, and shall describe the funding to be provided in Form 6. The successful proposer shall indicate whether additional public education support beyond what is described in Form 6 will be provided to the Township. Proposers should also indicate whether incentives for recycling, such as a residential rewards program, will be offered as part of the services provided to the Township.

N. Customer Service Proposer shall provide the location of the proposed customer service office. In addition, Proposer must provide a description of customer complaint resolution procedures as to meet or exceed the requirements set forth in the scope of services.

4.2.5 Chapter 5 – Key Personnel Proposer shall provide an organization chart for key personnel and job descriptions indicating the qualifications and experience of key personnel the proposer would assign to the transition team and to the ongoing management of the services provided under the agreement. For positions that are currently unfilled, identify minimum qualifications for that position. Specify the amount of time each individual will be dedicated to work on the contract. Provide résumés, names, and phone numbers of municipal references of the key proposed management team members. At a minimum, key personnel shall include general manager, operations manager, and maintenance manager and other personnel that will have regular contact with the Township.

4.2.6 Chapter 6 – Experience Proposer must complete Form 2. Proposers are permitted to supply additional information that will assist the Township in understanding the proposer’s experience.

4.2.7 Chapter 7 – Financial Statement Proposers must submit sufficient information to demonstrate proposer’s financial capacity to handle a contractDRAFT for the services described within this RFP. Examples of documentation that would fulfill this requirement include, but are not limited to, audited financial statements.

4.2.8 Chapter 8 – Certificate of Insurability Proposer must complete Form 3. Failure to complete Form 3 may result in rejection of proposal.

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230

Proposal Format and Content

4.2.9 Chapter 9 – Acknowledgement of Addendums Proposer must complete Form 4. Failure to acknowledge all addendums may result in rejection of the proposal. Proposers are not required to include copies of each addendum in their proposals.

4.2.10 Chapter 10 – Exceptions to Solicitation Proposer shall identify any and all exception(s) to this RFP. If proposer identifies an exception(s), proposer shall clearly identify the exception(s) and state the reason for such exception(s). Any exceptions to the RFP or the agreement will be considered and included in the Township’s evaluation. If proposer fails to list any exceptions, proposer shall not be permitted to raise any exceptions later if selected for award.

4.2.11 Chapter 11 – Non-Collusion Proposer must complete Form 5. Failure to complete Form 5 may result in rejection of the proposal.

4.2.12 Chapter 12 – Pricing Information Proposer shall complete Form 6. Failure to complete Form 6 may result in rejection of the proposal. Proposers are permitted to supply additional information that will assist the Township in understanding the proposer’s pricing.

DRAFT

4-7

231 DRAFT

232

Section 5 Procurement Process

5.1 Inquiries and Addenda It is the responsibility of each proposer to examine the entire RFP and seek clarification (inquiries). This RFP may only be modified by a written addendum. Proposer shall not rely on verbal responses to inquiries. A verbal reply to an inquiry does not constitute a modification of the RFP. No verbal agreement or conversation with any officer, agent, or employee of the Township shall affect or modify any of the terms or obligations contained in the RFP. Any such verbal agreement or conversation shall be considered as unofficial information and in no way binding upon the Township or the proposer. Inquiries to this RFP must be made in writing and addressed to Lynne Aldrich at [email protected] prior to February 25, 2011 at 5:00 PM, CST [ date tentative]. Questions should reference the solicitation number page, section, and paragraph. The Township reserves the right to disqualify any proposer who contacts a Township employee or agent concerning this RFP other than in accordance with the procedures set forth in this RFP. Nothing in this section shall prohibit the Township from conducting discussions with proposers after the opening of proposals as set forth in this RFP.

5.2 Mandatory Pre-Proposal Conference A mandatory Pre-Proposal Conference will be held on February 24, 2011 at 10:30 AM, CST [date tentative] at 2201 Lake Woodlands Drive. Attendance of proposers at the Pre-Proposal Conference is required. 5.3 SubmittalDRAFT and Receipt of Proposals Each proposer shall submit one (1) original copy, marked original, signed in ink by an official of the proposer authorized to make a legal and binding offer. In addition, each proposer shall submit five (5) printed copies of the proposal and one (1) electronic PDF copy of the complete proposal on a CD. Proposer shall submit all required copies in a sealed envelope or package. The envelope or package should be clearly identified as a proposal and be marked with name of the proposer and RFP number. Proposer shall submit all required copies of the proposal on or before March 25, 2011 at 4:00 PM, CST to Lynne Aldrich at the address shown on page 1-1 of this RFP. Proposals submitted and time stamped on or before March 25, 2011 at 4:00 PM, CST shall be opened publicly in accordance with this RFP.

233

Section 5

5.4 Opening of Proposals Proposals shall be opened at the address shown on page 1-1 of this RFP on March 25, 2011 at 4:00 PM, CST unless amended in writing by the Township. The name of each proposer shall be read at this time. Proposals, modifications and all other information received in response to the RFP shall be shown only to authorized personnel having a legitimate interest in the evaluation.

5.5 Proposals Acceptance Period All proposals shall remain open for 180 days after the day of the opening of proposals, but the Township may, at its sole discretion, release any proposal prior to that date. No proposer may withdraw its proposal during this period without written permission from the Township.

5.6 Evaluation The Township will select a committee to evaluate the solicitations. The objective of the proposal review committee is to select the most qualified proposal, utilizing the evaluation criteria set forth in Table 5.1. Proposals will be evaluated in accordance with the following factors.

Table 5.1 – Proposal Evaluation Criteria

Criteria Relevant Proposal Chapters Cost Chapter 12 – Pricing Information Proposed Approach Chapter 1 - Letter of Intent Chapter 2 - Statement of Organization Chapter 3 - Disclosure of Preclusion from Participating in Public Procurement Chapter 4 - Method of Approach Chapter 8 - Certificate of Insurability Chapter 9 - Acknowledgement of Addendums Chapter 10 - Exceptions to Solicitation Experience & Chapter 5 - Key Personnel Qualifications DRAFT Chapter 6 - Experience Financial Capacity Chapter 7- Financial Capacity

5.7 Interviews The Township may request that proposers participate in in-person interviews with the Township’s proposal review committee. The Township expects that any such interviews will be conducted during the week of April 18, 2011.

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234 Procurement Process

5.8 Protest A Protest must be in writing and be filed with the Township. A protest of a solicitation shall be received before the solicitation opening date. A protest of a proposed award must be filed within ten (10) calendar days after the protestor knows or should have known the basis of the protest. Township shall determine whether to issue a written response or hold an administrative hearing. A protest must include: The name, address and telephone number of the protester; The signature of the protester or its representative; Identification of the project and the solicitation; A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and The type of relief requested.

DRAFT

5-3

235 Appendix A Current Route Map

DRAFT

236 DRAFT

237 Appendix B Proposal Forms

Proposer shall complete all forms in full. Forms not completed in full may result in disqualification. If there is any doubt to the meaning of the same, proposer may submit an inquiry to the Township in accordance with the requirements as set forth in this RFP.

DRAFT

238 Form 1: Statement of Organization

1. PROPOSER Full Name of Business: Principal Business Address:

Principal Phone Number: Local Business Address:

Local Contact Person: Local Business Phone: Local Business Fax: Local Business E-Mail: Type of Organization: Provide names of authorized representative(s) of the proposer who has legal authority to bind the proposer in contractual obligations for the purpose of this RFP:

(a)

(b)

(c)

2. SUBCONTRACTOR(S) List of all firms participating in this proposal, including name, area of responsibility, and address. (a) DRAFT (b)

(c)

239 Form 2: Experience Proposer shall provide a minimum of five (5) references of public agencies, cities, or towns most recently served by the proposer with similar services to those being proposed in this proposal. References may include public agencies, cities, or towns presently being served by the proposer.

1. Public Agency: Address:

Phone Number: Contact Person: Years of Service: Number of Residential Units Served: Description of Services:

2. Public Agency: Address:

Phone Number: Contact Person: Years of Service: Number of Residential Units Served: DescriptionDRAFT of Services:

3. Public Agency: Address:

Phone Number: Contact Person:

240 Years of Service: Number of Residential Units Served: Description of Services:

4. Public Agency: Address:

Phone Number: Contact Person: Years of Service: Number of Residential Units Served: Description of Services:

5. Public Agency: Address:

Phone Number: Contact Person: Years of Service: DRAFT Number of Residential Units Served: Description of Services:

241 Form 3: Certificate of Insurability

I hereby certify that as a proposer to The Woodlands Township for Solicitation Number______, I am fully aware of Insurance Requirements located in Section 3 of this RFP. Furthermore, I hereby assure The Woodlands Township that I am able to produce the insurance coverage required should I be selected to be awarded the agreement. Should I be awarded the agreement by The Woodlands Township and then become unable to produce the Insurance coverage specified within fourteen (14) calendar days, I am fully aware and understand that I may not be considered for further projects by The Woodlands Township.

Signature of Proposer

Printed Name of Signee

Company Name

DRAFT

242 Form 4: Acknowledgement of Addenda

By submission of this proposal, I hereby certify receipt of all the addenda listed in the table below.

Addendum Addendum Title Number

DRAFT

243 Form 5: Non-Collusion The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other proposer, and that the contents of this proposal as to prices, terms and conditions of proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal.

Vendor:

Street Address:

Township, State, Zip:

Phone: (____)______Fax: (_____)______

Signature of Company Officer:

Company Officer Printed Name:

Title:

DRAFT

244 Form 6: Proposed Pricing

Form 6.1 – Pricing for Residential Solid Waste Collection and Disposal Services (One of three options will be selected by the Township)

Service Fee per Residential Service Unit (3 Options Shown) 30-40 gal Cart, Once 60-70 gal Cart, Once 90-100 gal Cart, Once per week Collection per Week Collection per Week Collection Solid Waste Base Rate $ (monthly) $ (monthly) $ (monthly) Solid Waste Cart Rate 1 $ (monthly) $ (monthly) $ (monthly) Additional Cart Base Rate 2 $ (annual) $ (annual) $ (annual) Additional Cart Rate 1, 2 $ (annual) $ (annual) $ (annual) Replacement Cart 3 $ (per cart) $ (per cart) $ (per cart) Extra Bag Sticker 4 $ (per bag) $ (per bag) $ (per bag) Notes: 1. Represents the fee to be charged by proposer if Township elects to have proposer purchase Residential Solid Waste Carts. Cart rate should include costs associated with purchase, assembly, and initial distribution of carts. 2. Additional Solid Waste Cart Base Rate means the cost associated with an additional Solid Waste Cart for a Residential Service Unit that would be collected on the same collection day. 3. Refers to a Solid Waste Cart that must be replaced due to damage by the customer. Shall be equal to the cost to purchase, assemble, and deliver the cart. 4. Proposers must indicate the cost for each bag of material that is set outside of the cart.

Form 6.2 – Pricing for Residential Recycling Collection and Processing Services (One of three options will be selected by the Township)

Service Monthly Fee per Residential Service Unit (3 Options Shown) 18 gal bin, Once per 90-100 gal cart, Every 90-100 gal cart, Once WeekDRAFT Collection Other Week Collection per Week Collection Recycling Base Rate $ $ $ Recycling Cart/Bin Rate 1 $ $ $ Notes: 1. Represents the fee to be charged by proposer if Township elects to have proposer purchase Recycling Carts or Bins. Cart/Bin Rate should include costs associated with purchase, assembly, and initial distribution of carts or bins.

Note: Proposers should indicate whether the Township would receive revenue from recyclable materials within proposals. The Township has not provided a cost form for revenue from recyclables.

245 Form 6.3 – Pricing for Residential Yard Waste Collection and Processing Services and Bulk Waste Collection and Disposal Services (One of two yard waste options will be selected by the Township)

Service Monthly Fee per Residential Service Unit Yard Waste Collection Rate (2 Options Shown) Plastic Bags, Bundles, and Resident-Provided Containers, Once per Week Collection $ Compostable, Bundles, and Resident-Provided Containers, Once per Week Collection $ Bulk Waste Collection Rate (call-in) $

Form 6.4 – Pricing for Multi-Family and Township Buildings Solid Waste Collection and Disposal Services

Container Size Weekly Collection Frequency 1x 2x 3x 4x 5x 90-100 gal 2 CY 4 CY 6 CY 8 CY

Form 6.5 – Pricing for Multi-Family and Township Buildings Recycling Collection and Processing Services Container Size DRAFTWeekly Collection Frequency 1x 2x 3x 4x 5x 90-100 gal 2 CY 4 CY 6 CY 8 CY

246

Appendix B

Form 6.6 – Pricing for Operations, Hauling, and Processing Services for the Recycling Drop-Off Center

Service Fee to the Township

Operations of Recycling Drop-Off Center 1 $ (per month) Hauling Cost – Recyclables $ (per pull) Hauling Cost – Yard Waste $ (per pull) Processing Fees No charge Notes: 1. As specified in this RFP, the drop-off center shall be operated a minimum of eight hours per week, with five hours on a Saturday and three hours on one weeknight each week. Note: Proposers should indicate whether the Township would receive revenue from recyclable materials within proposals. The Township has not provided a cost form for revenue from recyclables.

Form 6.7 – Pricing for Other Services

Service Fee to the Township

Roll-Off Container (Delivery, Pick Up, and Disposal) 20 cubic yards $ (per pull) 30 cubic yards $ (per pull) 40 cubic yards $ (per pull) Portable Toilets (includes one service) $ (per service)

Form 6.8 – Public Education and Outreach Funding Funding DRAFTPercentage of Contract Value Successful proposer provided funds % (per contract year)

B-10

247 Appendix C Public Education Materials

DRAFT

248 DRAFT

249 DRAFT

250 DRAFT

251

252

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: A Report on the Bicycle Friendly Community Designation Application

BUDGET IMPACT: There is no cost associated with submitting an application, and it is anticipated that with no additional expenditure of funds towards any of the aspects of what the League of American Bicyclists considers to contribute to the five designation levels, The Woodlands Township may be recognized with an Honorable Mention or Bronze level designation. If higher levels of recognition are desired, the costs associated to achieve those levels are estimated to range from $14,000 to $88,000, depending upon the level. This does not include additional capital or operational projects that might be a result of a Bicycle Master Plan.

FACTS/HISTORY: On April 28, 2010, the Board of Directors received a presentation by a consortium of community organizations expressing a desire to have The Woodlands identified as a Bicycle Friendly Community (BFC) through the League of American Bicyclists (LAB). At the May 19, 2010 Board meeting, the Board directed staff to review the program, its opportunities, costs, and challenges and present a report to the Board in January. Over the course of the summer and fall, staff worked with the community group to identify the community’s strengths and challenges as they relate to the BFC program. Attached is a report on the findings on the Bicycle Friendly Community program, the application and the ability for the Township to meet the programs standards.

RECOMMENDED BOARD ACTION:

Board to determine if and when to submit an application for a Bicycle Friendly Community designation.

253

The Woodlands Township Report on Proposed Bicycle Friendly Community Designation Application

In March 2010, staff was approached by an ad hoc committee formed by three organizations, The Woodlands Green, The Woodlands Cycling Club and Houston Advanced Research Center (HARC), regarding the viability of The Woodlands Township becoming a Bicycle Friendly Community (BFC) through the League of American Bicyclists (LAB). The League’s mission is to promote bicycling for fun, fitness and transportation and work through advocacy and education for a bicycle-friendly America. Only 158 communities have received this designation nationwide and only two in Texas: Austin (Gold Level) and San Antonio (Honorable Mention). The Board reviewed this issue at their April and May 2010 meetings and directed staff to prepare a report on this matter for their January 2011 meeting.

Goals of Report: • Outline the components of the League of American Bicyclists (LAB) - Bicycle Friendly Community (BFC) program and application. • Identify the functions of the program for which The Woodlands Township would be responsible. • Review the strengths and limitations of The Woodlands Township as they relate to the program. • Identify needs, cost, and challenges as they relate to full implementation of the BFC program. • Present recommendations for the Bicycle Friendly Application.

Bicycle Friendly Community Program and Applications Components The Bicycle Friendly Community Program started in 1996 and the League of American Bicyclists revised the program in 2002 with additional standards. The program provides incentives, hands-on assistance, and award recognition for communities that actively support bicycling. A Bicycle Friendly Community welcomes cyclists by providing safe accommodation for cycling and encouraging people to bike for transportation and recreation. Communities are judged in five categories that are often referred to as the Five E’s: Engineering, Education, Encouragement, Enforcement, and Evaluation & Planning. A community must demonstrate achievements in each of the five categories in order to be considered for an award. A community does not need to have all items on the application in each category to receive a designation. Applications are scored and the awards determination is made on both the answers to the application and the feedback from local cyclists. Communities with more significant achievements in the five categories receive a recognition designation: Honorable Mention, Bronze, Silver, Gold, or Platinum. The categories are:

254 • Engineering- Communities are asked about what is on the ground and what has (and will be) been built to promote cycling in the community. Items include the existence of a bicycle master plan, the accommodation of cyclists on public roads, and the existence of both well-designed bike lanes, shared roads and multi-use paths in the community. • Education- This category ascertains the amount of bicycle education available for both cyclists and motorists. Education includes teaching cyclists of all ages how to ride safely in any area from multi-use paths to congested city streets. Other items in this section include: the availability of cycling education for adults and children, the number of League Cycling Instructors in the community, bike maps, and tip sheets. • Encouragement- This category concentrates on how the community promotes and encourages bicycling. This can be done through Bike Month and Bike to Work Week events and producing community bike maps, route finding signage, community bike rides, commuter incentive programs, and having a Safe Routes to School program. • Enforcement- The enforcement category contains questions that measure the connections between the cycling and law enforcement communities. Questions address whether or not the law enforcement community has a liaison with the cycling community, if there are bicycle divisions of the law enforcement and/or public safety agencies, if the community uses targeted enforcement to encourage cyclists and motorists to share the road safely, and the existence of bicycling related laws such as those requiring helmet or the use of side paths. • Evaluation and Planning- The community is judged on the systems that they have in place to evaluate current programs and plan for the future. Questions are focused on measuring the amount of cycling taking place in the community, the crash and fatality rates, and ways that the community works to improve these numbers.

The application consists of 87 questions that range from basic demographic data to the development of an Action Plan for future improvements (policy, capital, programmatic). The application is reviewed and scored by a committee selected to provide both a local and national perspective. If awarded, a designation of bronze, silver, gold or platinum will be made. A League representative will present the award to the community along with a certificate and a Bicycle Friendly Community road sign. It is important to note that each community that applies will receive feedback from the review to aid in improvement.

Applications are reviewed in March and August of each year and a total of 300 applications have been received since 1996, yet only 158 communities have been recognized as a Bronze, Silver, Gold, or Platinum community. Once an application is submitted it is reviewed by the League, and designations are conferred in May and October of each year. If awarded a designation, the community must re-apply for the designation every four (4) years. Currently,

255 three (3) communities are designated as Platinum (Boulder, CO, Davis, CA and Portland, OR), nine (9) as Gold, 20 as Silver and 56 as Bronze.

The League created the program to recognize communities who have invested a significant amount of resources into their bicycle infrastructure. Other program goals include promotion of a community, benchmarking, technical assistance, impact to the local economy, increased capacity on existing roads/parking areas, congestion mitigation, quality of life and promotion of health and wellness. From an economic development aspect, the League reports that bicycle vacations are the number three outdoor vacation activity in the United States and that the North Carolina Department of Transportation reports a nine to one return on investment for bicycle infrastructure improvements.

Township Functions The 5 E’s are the hallmark of the program; however, there are a number of elements within each “E” that the Township does not have authority or responsibility to address. The Township does not have responsibility for the roads (design, engineering, maintenance, traffic management, etc), enforcement (police) or ordinance making capabilities which can mandate bike friendly initiatives (streets policy, ban on cell phones while driving, penalties for failure to yield to a cyclist, etc). In discussions with the League, these issues would not preclude the Township from becoming a Bicycle Friendly Community; however, it may pose a challenge to moving to the higher designations (Gold, Platinum).

Strengths and Limitations of The Woodlands Township While The Woodlands Township does not control all of the elements in the application the current infrastructure is impressive. In September 2010, staff met with the President of the LAB and in December 2010 with LAB, Texas Bicycle Coalition and American Cycling Association representatives to discuss the application and how it relates to the Township given the limitations. The President indicated that one of the largest elements of the application is conveying a “sense of culture of bicycling” in the community. In the meetings it was noted that the culture was evident through the following items: • 185 miles of pathways which allow bikes to access shopping, parks, schools, churches, etc, • Steady capital improvement and operational funding for the pathway system • Maintenance program of the pathway and street (street sweeping) system • Number of miles of roadways that have shoulders • Number of end of trip facilities at schools and shopping centers • Collaborative effort of government, non-profits, and commercial interest in promotion bicycling (special events, sponsorships, etc)

Though the infrastructure and community support is impressive, there are a number of limitations on what is currently provided by the Township versus other entities (Counties, Road

256 Utility Districts, The Woodlands Development Company, etc) which should be examined including: • Lack of a bike network map that outlines bike routes, bike friendly businesses, end of trip facilities, etc. • Lack of a Bike Web Page that provides information on the benefits of bicycling, routes, safety tips, an interactive on-line map • Lack of a National Bike Month event • No signature community bike event i.e. community/Mayor’s ride • No bicycle advisory committee • No dedicated bicycle program manager • Limited number of “Share the Road Signs” and a designated “Bike Routes” program • Lack of a bicycle and mountain bike master plan with targets and measures • Limited evaluation on the use levels of bicycles (recreational, competitive, transportation) in the community

Needs, costs, and challenges In discussions with LAB, staff is optimistic that The Township would be recognized as an Honorable Mention or a Bronze community which is due in part to the existing infrastructure (pathways), community planning, community events, and maintenance of the system. The following table is an estimate/guide of what may be needed to move to the Township through the respective levels. Bronze Silver Gold Platinum Engineering • Identification of • A dedicated .5 • A dedicated 1 • Implementation of an existing staff FTE Bike FTE Bike Bike Master Plan member as the Program Program (unknown) Bike Program Manager Manager Manager ($25,000) ($60,000) • Creation of a Bike • Work to • Further Advisory further establishment of Committee/Extens enhance end of Share the ion of Parks and trip facilities Road/Bike Recreation • Work to Routes Advisory Council identify Charter additional Share the Road/Bike Routes • Development of a plan to accommodate cyclists at intersections Education • Establishment of • Establishment • Enhancement of • Implementation of bike safety of bike bike promotion Bike Master Plan

257 programs ($500) promotion and safety (unknown) • Work with the programs programs CVB to identify the ($500) Township as a • Sponsor Bike Friendly education for Community professional ($2,500) drivers (transit operators/bus drivers) Encouragement • Proclaim National • Development • Create a • Implementation of Bike Month of a Bike signature bike Bike Master Plan • Develop a Mayor’s Friendly web event in the (unknown) Ride ($1,000) site with an on- community • Creation of a Bike line route ($5,000) Map ($2,500) planning guide ($5,000) • Develop a commuter challenge to increase bike to work participants ($2,500) Enforcement • Work with • Work with • Work with • Work with Counties to Counties to Counties to Counties to further enhance further establish establish Officer bicycle enhance laws/ordinances laws/ordinances education training Officer bicycle to promote to promote bicycle ($2,500) education bicycle safety safety training • Implementation of ($2,500) Bike Master Plan (cost unknown)

Evaluation • Identify baseline • Creation of a • Implementation • Implementation of use levels of Bike Master of Bike Master Bike Master Plan pathways in 5 Plan for the Plan (cost (cost unknown) areas within the community unknown) • Identify baseline community ($50,000) • Identify baseline use levels of ($2,500) • Identify use levels of pathways in 20 baseline use pathways in 15 areas within the levels of areas within the community pathways in 10 community ($2,500) areas within ($2,500) the community ($2,500) Estimated Cost • $14,000 • $88,000 • $67,500 • $2,500-Unknown

258

Moving forward with this application and movement through the recognition levels MAY be dependent on the level of commitment of outside agencies (County, Sheriff, RUD, TWDC). The goal when dealing with outside governmental entities should be not to place them in a predicament by requesting/expecting action on their part. A review of the application by the League may provide the Township additional information on if cooperation is needed between and amongst the other governmental agencies. Finally, while several of the initiatives identified are minor, the outcomes of a bicycle master plan could be resource intensive at a time when resources are being already challenged.

Recommendations: In order to move forward, the following questions should be considered: • Is the application in the best interest of the community? • Does the Township want to invest (staff time, funding) to enhance bicycle infrastructure and dedicate resources to an ongoing program? • Does the staff have the capacity to further enhance the bicycle infrastructure? • Does moving forward with the application challenge relations with other governmental entities? • Will the Township be satisfied and content at a certain level of recognition?

If the answers to the above questions are positive, then the Township could move forward with the application in one of the following manners:

• Submit application in March 2011 and implement the action plan for 2011-2015. • Submit application in March 2012- This additional time would permit enhancement of the application through identification of a staff member as the Bike Program Manager, the establishment of a Bike Advisory Committee or the revision of the Parks and Recreation Advisory Charter to include bike related issues, the implementation of additional bike safety programs through The Woodlands Township Recreation Center, work with The Woodlands Convention and Visitors Bureau to promote the community as a bicycle friendly community, schedule a Chairman’s ride (or similar event), proclaim Bike Month in The Woodlands, and develop base line use numbers and work to expand education of bike safety. It should be noted that many of these items have expenses attached to them, yet no funding was allocated in the 2011 Budget. • Submit application in October 2012- Additional time would permit the items identified to be budgeted and implemented in the 2012 budget.

259

260

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Selection of a consultant for a Parks Study to include sports fields needs assessment, competitive swimming needs assessment and parks, pools and amenities study

BUDGET IMPACT: $70,000 is budgeted in the 2011 Parks Administration Budget to contract a consultant to perform the needs assessments. All submitted proposals are within the budget and all either quoted $70,000 as their fee or are within 1% of the $70,000.

FACTS/HISTORY: The Woodlands Township solicited a Request for Proposals (RFP) from planning consultants to conduct needs assessments for sports fields, competitive aquatics and to perform a comprehensive study of the parks, pools and related amenities.

The Request for Proposals requested firms to verify and assess the current environment of sports fields, competitive aquatics, and parks, pools and related amenities in the community, the needs and future projections of the community, determine a projected level of service and the necessary facilities to meet the current and future community needs. Consultants were also asked to evaluate available and potential sites and develop conceptual plans, capital and operating cost projections and identify funding mechanisms. The focus of the parks, pools and related amenities study is to determine if the current number, size, and type of parks, pools and related amenities are appropriate for the Township. Staff will assist the consultant with data collection, meeting facilitation, and site surveys. The Board of Directors discussed this issue at their October 28, 2010 Planning Retreat and in the 2011 Budget adoption included a total of $70,000 to conduct the studies.

The RFP was advertised in The Villager, on the Township website and was e-mailed to 40 firms. The RFP allowed firms to respond to a specific needs assessment or all of the assessments. The deadline for submitting an RFP was December 22, 2010 at 1 p.m. and 10 firms submitted proposals. A copy of the RFP is Attachment A; a synopsis of each RFP submitted is Attachment B; a summary of the evaluation team is Attachment C; and the score sheet is Attachment D. It is anticipated that these assessments will be completed in June 2011, prior to the preparation of the 2012 Budget.

As indicated from the score sheet, Clark Condon Associates was evaluated the highest. The firm and its project team demonstrated the strongest ability to meet the evaluation criteria and are able to perform all three studies.

261

RECOMMENDED BOARD ACTION:

It is recommended to accept the proposal from Clark Condon Associates to perform the combined studies for Sport fields, Competitive Aquatics and Parks, Pools and Related Amenities and authorize the President/ General Manager to execute a Professional Services Agreement for their services.

262

Attachment A Request for Proposal

REQUEST FOR PROPOSAL/QUALIFICATIONS PARKS AND RECREATION NEEDS ASSESSMENTS THE WOODLANDS TOWNSHIP DECEMBER 2010

The Woodlands Township is requesting proposals and statements of qualifications from planning /design consultants and/or similar professionally qualified consultants to conduct a sports fields needs assessment, a competitive swimming needs assessment and a comprehensive parks, pools and amenities study. These assessments and study may be performed independently or collectively depending upon the selected consultant(s) expertise, proposal and qualifications. The purpose of the assessments/study is to evaluate the existing parks and recreation facilities in the Township and determine the current and future needs of the community and appropriate level of parks, recreation, and aquatic facilities and amenities with specific focus on the current and future needs for sport fields and competitive aquatic facilities.

SCOPE OF WORK:

Responding consultants are requested to provide a statement of qualifications and prepare a detailed scope of proposed work for consideration. This project will include review of existing information, review of existing conditions, public involvement, and recommendations for the future, determining priority needs, and identifying funding sources.

A. Review the following documents/plans, as provided by The Woodlands Township: a. The Woodlands Township Parks, Recreation and Open Space Plan (2000) b. The Woodlands Development Company’s Parks, Recreation and Open Space Master Plan. c. The current inventory of parks and recreation amenities, as provided by The Woodlands Township. d. Up to three (3) sites for their potential to be used for sport field and aquatic purposes. e. The Woodlands Township demographic, economic impact, market and socio- economic data. f. The Woodlands Township Resident Study (2005, 2008, 2010) B. Create a timeline for the planning process to include conducting public meetings (sport groups, aquatic groups, general park users, etc.), public opinion surveys and formal public hearings before the Woodlands Township Board of Directors and/or Projects Committee.

263 C. Prepare and make available any graphics, maps, surveys, and other similar materials in both paper and computer readable format, where applicable. D. Provide one (1) reproducible assessments/study, conceptual park plans and any technical addenda and maps to The Woodlands Township. E. Assessment/study should address the following elements in addition to any other pertinent topics: a. Project A- Verify and assess the current environment of sport fields in the community, the needs and projections of the sports organizations determine a projected level of service and the necessary facilities to meet the current and future needs. The consultant will evaluate available and potential sites and develop conceptual plans, capital and operational cost projects and help indentify funding mechanisms. b. Project B- Verify and assess the current environment of competitive aquatic facilities in the community, the needs and projections of the aquatic organizations, determine a projected level of service and the necessary facilities to meet the current and future needs. The consultant will evaluate available and potential sites and develop conceptual plans, capital and operational cost projects and help indentify funding mechanisms. c. Project C- Examine the park system and address questions such as: usage and participation rates; comparison of the number of parks and pools in the system relative to other communities, national standards, resident needs/ desires; cost/benefit analysis for parks, pools and amenities; condition evaluation of existing facilities; assessment of trails, running and natural, and bicycle path needs (different than typical pathways); assess needs for other recreational amenities that may not currently be provided or are not provided to a level necessary to meet current and future community needs. d. Project D- Combine Project A, B, and C

PROJECT TIME LINE a. Release Request for Proposal – Week of December 5, 2010 b. Deadline for Proposals – December 22, 2010 1:00 pm c. Evaluation of Proposals – Week of December 27, 2010 d. Interviews – Week of January 3, 2010 e. Approval and Award of Bid to Successful Consultant – January 26, 2011 f. Completion of Preliminary Assessment/Study – April 15, 2011 g. Completion of Final Assessment/Study – June 1, 2011

SUBMITTAL FORMAT Each submittal shall be typewritten, single spaced, and submitted on 8 1/2” x 11” white paper. Two (2) copies of the submittal must be provided including one unbound copy suitable for photocopying and/or scanning. A submittal shall not exceed 20 pages in length, excluding attachments.

SUBMITTAL REQUIREMENTS

264 Submittals shall be firm for a period of 60 days following Submittal Date. Firms will be judged not only on their past experience for the type of work involved, but also on their ability to address issues critical to the success of the project requirements outlined in this RFP/Q document and Selection Criteria. Any cost or expense incurred by the Respondent that is associated with the preparation of the Proposal or the selection process shall be borne solely by the Respondent. All proposals become property of The Woodlands Township upon receipt and will not be returned. Submittals shall contain the following information which is further outlined in Items A through F: • One page letter of interest that includes a synopsis of the prime firm and sub- consultants, the team’s qualifications, the project manager and primary contact, the project principal representing the contractual authority of the firm. • A project organization chart. Identify team composition, if a team is proposed. Define key staff members who will be working on the project and explain their roles. • Profile(s) of firm or team members including the number of employees, location and number of years in business under its current name and relevant experience. • A description of the proposed approach to the project including a response to the preliminary scope, engagement of the community and the utilization of specific media and timeline • Resume of the project manager, principle, staff, and sub-consultants identified as having a major role in the project.

A. PROJECT TEAM Identify the project principal, the project manager, key staff and sub consultants. Present a brief discussion regarding how the team’s qualifications and experience relate to the specific project. Elements that will be considered by the panel when reviewing your submittal:

 Qualifications and relevant individual experience.  Unique knowledge of key team members relating to the project.  Experience on projects as a team.  Key staff involvement in project management and on-site presence.  Time commitment of key staff.  Qualifications and relevant sub consultant experience.

B. FIRM CAPABILITIES Elements that will be considered:  Are the lines of authority and coordination clearly identified?  Are essential management functions identified?  Are the functions effectively integrated? (e.g., sub consultants’ role delineated)?  Current and projected work load.

C. PRIOR EXPERIENCE Use this portion of your submittal to describe relevant experiences with the project type

265 described in the RFP document and various services to be provided. Elements that will be considered by the panel when reviewing your submittal:  Experience of the key staff and firm with projects of similar scope and complexity for assessing parks and recreation agencies, sport field analysis, competitive aquatic needs analysis, etc.  Demonstrated success on past projects of similar scope and complexity.  Development of conceptual designs of sport field and aquatic facilities.  Experience with economic impact modeling for parks and recreation facilities.  Prior experience with The Woodlands Township (or its predecessors).  References- Include the name and current telephone number and/or email address of the project manager for every project listed.

D. PROJECT APPROACH For the project and services outlined in the RFP document, describe how you plan to accomplish the following project control and management issues:  Budget Methodology/Cost Control. ⇒ Establish and maintain estimates of probable cost within the Township’s established budget ($70,000).  Schedule ⇒ Manage the required work to meet the established schedule

E. WORK LOCATION Describe where the prime and sub consultants will do the key work elements of this project. Elements that will be considered by the panel when reviewing your submittal:  Proximity of firms’ office as it may affect coordination with The Township project manager and the potential project location.  Firm’s familiarity with the project area.  Knowledge of The Woodlands Township F. FEES Submit your proposed fee as part of your submittal (Project A- Sportfield, Project B- Aquatics, Project C- Parks, pools and amenities study, Project D-All projects). Final fee will be negotiated prior to contract award.

SELECTION CRITERIA (100 Point Possible) The Woodlands Township will conduct a comprehensive, fair, and impartial evaluation of all Proposals received. • 20% Project approach and understanding of objectives and constraints • 20% Demonstrated knowledge of The Woodlands Township and The Woodlands. • 20% Working with community and agencies on similar projects • 15% Demonstrated ability to meet project schedules and budgets • 15% Management, team organization and skill of experience of key team members

266 • 10% Other Factors as determined by the Selection Team (i.e. knowledge of local issues, responsiveness, etc.)

QUESTIONS/ADDENDUM Respondents may provide responses to questions asked of them by The Woodlands Township staff contact person after the responses are received and opened. If significant questions are posed an addendum will be issued and be available at www.thewoodlandstownship-tx.gov

INTERVIEWS During interviews, if any, verbal questions and explanations will be permitted. The Woodlands Township reserves the right to exclude any persons from interviews as it deems in its best interests.

SUBMITTAL DEADLINE Specific requirements for submittals are outlined in this Request for Proposal. In order to facilitate review, two (2) copies of submittals must be provided including one unbound copy suitable for photocopying and/or scanning. Submittals must be received by: Chris Nunes, Director of Parks and Recreation The Woodlands Township 8203 Millennium Forest Drive The Woodlands, TX 77381 281.210.3900 [email protected]

Deadline for receipt at The Woodlands Township (mailed or hand delivered) is: December 22, 2010 1:00 pm. Emails and fax proposals will not be accepted. Late submittals will be rejected without consideration. The Woodlands Township assumes no responsibility for costs related to the preparation of submittals.

267

Attachment B Synopsis of RFP’s Parks and Recreation Needs Assessments

AECOM- AECOM is a parks and recreation system consultant based in Houston, Texas. The proposal outlines the use of several sub-consultants including Ballard King (Market Driven Feasibility Studies) and ETC Institute (statistically valid studies). Cost totals $70,000 for all phases (A, B, C) of the project. Key themes of their proposal include: thoughtful, inclusive, engaging, transparent and feasible. Their approach included a review of the existing data, the needs assessment (site visits, level of service evaluation, stake holder interviews) and then the development of the document. The Township has no direct past experience AECOM, however they indicate experience with The Woodlands Development Company through the development of the Creekside Park Master Plan.

CH Johnson Consulting (CHJC)- CHJC is a firm based out of Chicago, Illinois that specializes in consulting for convention centers, sport facilities and real estate. Their proposal uses a team approach with experts in aquatics (Williams Aquatics) and sport facilities (HK Sportfields) with a fee of $70,000 for all phases (A, B and C). CHJC’s approach includes reviewing the existing situation analysis, reviewing the market needs, trends and demand potential, reviewing regional and comparable facilities, review industry trends, a public input process (steering committee, focus groups, advisory boards, community wide survey) and conducting a detailed physical analysis. From this information they would then develop a business and operational plan/master plan for the proposed facilities. The Township has no past experience with CH Johnson Consulting

Clark Condon Associates (CCA) - CCA is a Landscape Architecture firm based in Houston, Texas. They specialize in landscape design, recreation and open space master planning and recreation needs assessments. Their proposal uses a team approach with experts in aquatics (Water Technology), facilities assessments/indoor competitive swimming (Brinkley Sargent Architects) and operational and capital cost assessments (CDS Market Research) with a fee of $70,000 for all phases (A, B and C). CCA’s approach includes having a project kick off meeting, a community outreach plan (small meeting format, meet with Board of Directors, focus groups with stakeholders, use of social media to obtain input, etc), conducting an analysis of existing conditions, developing a needs assessments and then developing a final vision/document. The Township has past experience with CCA as they were the landscape architect for Rob Fleming Park/Aquatic Center, Olmstead Park, and Terramont Park.

268

GreenPlay, LLC- GreenPlay is a firm based in Broomfield, Colorado with an office in Lawrence, Kansas. They specialize in Parks and Recreation needs assessments, master, business and strategic plans. Their proposal uses a team approach with experts in aquatics (Water Technology), landscape architecture (Design Workshop) and community input (RRC-STR Associates), with a fee of $69,850 for all phases (A, B and C). Their proposal details their approach which includes a review of existing assumptions, budgets, plans, a public input projects (focus groups, public forms, and personal interviews with key stakeholders, statistically valid survey, on-site and phone meetings with staff), market analysis, technical facility assessments, annual operating budget projects, revenue strategies, and concept plans. The Township has no direct past experience with GreenPlay. It should be noted that Water Technology was a consultant used by The Woodlands Development Company for the design of the Rob Fleming Aquatic Center and has a local presence in Spring, Texas.

Landplan Engineering, PA- Landplan Engineering is the only lead firm that submitted a proposal who has an office in The Woodlands Area. Their proposal uses a team approach with experts in aquatics (Water’s Edge), community input (ETC Institute) and operational management (Club Management) with a fee of $70,000 for all phases (A, B and C). Their proposal details a high degree of public involvement through a statistically valid survey, focus groups with key stakeholders, workshops, and a review of demographic trends in the community. Landplan also provided a detailed account of how they would approach their analysis of level of service and operational cost analysis. Landplan has experience in Parks and Recreation related issues through several park development projects in the Kansas City area, which is where there home office is located. The Township has past experience with Landplan as they have assisted the Parks and Recreation Department on traffic control plans, parking lot re-surfacing, window seal specification development and other projects.

M2L Associates, Inc- M2L is a comprehensive design firm founded in 1994 based in Houston, Texas. They propose using a team approach with Waterscape Consultants, Inc as their only sub-consultant. Their fee is between $40,000 to $70,000 for Phase A and B ($80,000-$140,000 total). M2L provided an outline of their approach which includes site analysis/data gathering, assessment study, new site development, and implementation strategy (capital and operational cost). The Township does not have direct experience with M2L, however Waterscape Consultants has been used to analysis our compliance with the Virginia Grame Baker Act (pool drains)

269 MHS Planning and Design, LLC (MHS)- MHS has submitted a proposal for all three phases (A, B and C) for the project at a cost of $70,000. MHS is a parks, recreation and open planning consultant based in Tyler, Texas. MHS states that they understand the system as a result of a combined 42 years of experience working in The Woodlands and understanding the governance structure. The Township has past experience with MHS and LJA through The Woodlands Development Company as they were the firm that developed the Master Plan for MUD 386, several grant applications (Alden Bridge, Windvale, May Valley) that were awarded by the Texas Department of Parks and Wildlife and several park designs (Tupelo Park, Black Knight, Montfair).

PlaySafe, LLC- PlaySafe is a firm based in Albuquerque, New Mexico and provides recreational consulting and services. Their plan does not include any sub consultants with specializations in aquatics, landscape design, public input, etc; however their in house team includes staff with experience in public process, facility management, design, and planning. PlaySafe indicates that their fee is $70,000 for all phases of this project (A, B, and C). Their approach includes reviewing all applicable information, providing a public process (2-4 public hearings/focus groups), visitation of the proposed sites, undertaking a community comparison exercise and reviewing the community funding paradigm. The Township has some familiarity with PlaySafe as they provided playground safety training to the Parks and Recreation Department approximately six years ago.

Pros Consulting- Pros Consulting is a firm that is based in Indianapolis Indiana with an office in Carrollton, Texas. They specialize in Parks and Recreation needs assessments, master, business and strategic plans. Their proposal uses a team approach with experts in aquatics (Williams Aquatics), community input (ETC Institute) and park and athletic facility design (LandDesign), with a fee of $66,080 for all phases (A, B and C). Their proposal details a high degree of public involvement through a statistically valid survey, focus groups with key stakeholders, workshops, and a review of demographic trends in the community. Pros Consulting provided a detailed proposed work plan that includes: project kick off, community involvement, site/facility/program assessment, needs analysis, funding/revenue strategies, and a strategic action plan. The Township has no past experience with Pros Consulting.

The Sport Facility Advisory- The Sport Facilities Advisory is a consulting firm based in Clearwater Florida who specialized in sport facilities. The proposal outlines the use of one sub- consultant, Ripken Design, to address issues related to baseball/softball design. All cost associated with The Sport Facility Advisory group is $70,000 for all phases (A, B, C) of the project. Their approach includes on site meetings, market research, stakeholder and user group interviews and then formulating a draft of the needs assessment. There was limited

270 discussion as to how they would address aquatics needs or the parks, pools and recreation amenities assessment. The Township has no past experience The Sport Facility Advisory; however they do serve as a consult with Legends Sports Complex.

Attachment C Scoring Matrix Summary

271 RFP Sportfield, Aquatics, Pool Assessment RFP RFP's Due 12/22/2010 at 1:00 pm PlaySafe, LLC Charles H. Johnson GreenPlay, LLC NAME h&K Sportfields Water Tech Sub-Consultant

Williams Aquatics Design Workshop Sub-Consultant

RRC-STR Associates Sub-Consultant

DATE RFP RECEIVED BY TOWNSHIP 12/17/2010 12/22/2010 12/22/2010 0:00

TIME RFP RECEIVED BY TOWNSHIP 7:00 AM 11:45 AM

RFP DELIVERY METHOD FedEx FedEx UPS

SIGNED NOTICE OF CLARIFICATION No Yes No

PROJECT D D D

FEE $70,000 $70,000 $69,850 (1) (1) CRITERIA Weight CN KD JM JP RB Total Average CN KD JM JP RB Score Average CN KD JM JP RB Score Average I. Project Approach 0.2 2.5 3 3 4 2.5 2.1 2.5 1 3 4 2.1 3.3 3.5 4 4 5 3.3 1.9 II. Knowledge of The Woodlands Township 0.2 2 1 1 3 1.4 1.2 1 1 1 3 1.2 1.8 2 3 2 2 1.8 2 III. Working with the Community 0.2 3 1 3 4 2.2 1.7 2.5 1 2 3 1.7 2.5 3.5 2 3 4 2.5 1.8 IV. Ability to meet schedules and budget 0.15 2 3 3 3 1.65 1.6 1 2 2 3 1.2 2.1 2.5 3 2 3 1.575 2 V. Management, team org, skill of team 0.15 2.5 3 4 4 2.025 2 2 3 2 3 1.5 2.8 3 3 4 4 2.1 2.6 VI. Other factors(knowledge of local factors, resp 0.1 2.5 0 3 2 0.75 1.8 3 0 3 3 0.9 1.6 2 0 4 2 0.8 1.6 CRITERIA Points CN KD JM JP RB Average CN KD JM JP RB Average CN KD JM JP RB Average I. Project Approach 20 10 12 12 16 6 11.2 10 4 12 16 10 10.4 14 16 16 20 20 17.2 II. Knowledge of The Woodlands Township 20 8 4 4 12 5 6.6 4 4 4 12 5 5.8 8 12 8 8 10 9.2 III. Working with the Community 20 12 4 12 16 7 10.2 10 4 8 12 10 8.8 14 8 12 16 18 13.6 IV. Ability to meet schedules and budget 15 6 9 9 9 15 9.6 3 6 6 9 15 7.8 7.5 9 6 9 15 9.3 V. Management, team org, skill of team 15 7.5 9 12 12 4 8.9 6 9 6 9 12 8.4 9 9 12 12 14 11.2 VI. Other factors(knowledge of local factors, resp 10 5 0 6 4 3 6 0 6 6 6 4.8 4 0 8 4 8 4.8 Total 100 48.5 38 55 69 37 42.1 39 27 42 64 58 46 56.5 54 62 69 85 65.3 Range 32 Range 37 Range 31 RATINGS: A detailed account of how the vendor would approach providing the Township an assessment of parks, or aquatics, or sport-fields 1 No information I. Project Approach including but not limited to needs of the community, projected needs, site analysis, conceptual designs, etc. Understanding of the unique nature of The Woodlands (master planned community, interaction with TWDC), having worked in The 2 Acceptable II. Knowledge of The Woodlands Township Woodlands before, and understanding Texas State Programs (bonding, grants, etc) Approach the vendor would use to reach out to the user and non user groups, the community at large, the Board of Directors, key 3 Meets staff expectations III. Working with the Community community input holders, etc The vendor specifies how they would keep the schedule on task to ensure no delays and is within the budget amount (inclusive of 4 Above staff expectations IV. Ability to meet schedules and budget reimbursable) Vendor has previous experience and a high level of expertise in the area requested (fields, aquatics, park use). Vendor has experience in 5 Firm strength/advantage V. Management, team org, skill of team completing a needs analysis and conceptual designs (if applicable) for communities similar to The Woodlands. Vendor has addressed all aspects of the RFP A-F in a professional manner. Time, energy and effort has been spent in developing the VI. Other factors(knowledge of local factors, responsiveness) proposal and in addressing the issues at hand. 272 MHS Planning and AECOM M2L LandPlan Design Ballard King Counsilman Hunsaker Waterscape Consultants Water's Edge

Ron Vine/ETC Institute LJA Engineering Ron Vine/ETC Institute

Professional Club Management 12/21/2010 12/22/2010 0:00 12/22/2010 0:00 12/22/2010 0:00

11:52 AM 12:05 PM 12:59 PM

FedEx Fed Ex Houston Express Hand

Yes Yes No Yes

D D A/B D

$70,000 $70,000-Lump Sum (1) (1) (1) (1) CN KD JM JP RB Score Average CN KD JM JP RB Score Average CN KD JM JP RB Score Average CN KD JM JP RB Score Average 2 2.5 2 3 1.9 1.8 2 1 3 3 1.8 1.9 1.5 2 3 3 1.9 2.9 3.5 3 3 5 2.9 2.4 2 3 2 3 2 3 3 4 4 4 3 1 1 1 2 1 1 2.8 3 3 4 4 2.8 3 2 2 2 3 1.8 2.6 2 5 3 3 2.6 1.4 1 1 3 2 1.4 3.1 3.5 4 4 4 3.1 3.2 2 3 2 3 1.5 2.1 1.5 3 3 3 1.575 1.9 1.5 3 3 2 1.425 2.3 2.5 3 3 3 1.725 2.4 2 4 3 4 1.95 3 3 3 4 5 2.25 2 2 3 2 3 1.5 2.7 2.5 3 4 4 2.025 2.9 2 0 3 3 0.8 1.8 2 0 3 4 0.9 1.3 1.5 0 2 3 0.65 2 2 0 4 4 1 2.2 CN KD JM JP RB Average CN KD JM JP RB Average CN KD JM JP RB Average CN KD JM JP RB Average 8 10 8 12 10 8 8 4 12 12 9 9 6 8 12 12 6 8.8 14 12 12 20 15 14.6 8 12 8 12 5 7.4 12 16 16 16 10 14 4 4 8 4 3 4.6 12 12 16 16 16 14.4 8 8 8 12 12 8 8 20 12 12 10 12.4 4 4 12 8 7 7 14 16 16 16 12 14.8 6 9 6 9 15 7.8 4.5 9 9 9 15 9.3 4.5 9 9 6 10 7.7 7.5 9 9 9 15 9.9 6 12 9 12 13 9.2 9 9 12 15 8 10.6 6 9 6 9 4 6.8 7.5 9 12 12 10 10.1 4 0 6 6 5 3.4 4 0 6 8 3 4.2 3 0 4 6 0 2.6 4 0 8 8 7 5.4 40 51 45 63 60 51.8 45.5 58 67 72 55 59.5 27.5 34 51 45 30 37.5 59 58 73 81 75 69.2 Range 23 Range 26.5 Range 23.5 Range 22 273 The Sports Facilities Leon Younger/Pros Clark Condon Advisory Consulting Water Technology Ripken Design LandDesign

Brinkley Sargent Ron Vine/ETC Institute

CDS Market Research Williams Aquatics

12/22/2010 0:00 12/22/2010 0:00 12/21/2010 0:00

11:09 AM 8:26 AM

Custom Couriers Kinkos UPS

Yes No Yes

D D D

$70,000 $70,000 $66,080 (1) (1) (1) CN KD JM JP RB Score CN KD JM JP RB Score Average CN KD JM JP RB Score Average 2 2 4 4 2.4 2 2 2 4 2 2 3.5 5 3 5 3.3 3.3 3 2 5 5 3 2 1 1 1 1 1 2 3 1 1 1.4 1.4 3 4 4 5 3.2 2 1 3 4 2 2 3.5 1 3 4 2.3 2.3 2 3 4 3 1.8 2 3 3 3 1.65 2.2 2.5 3 3 2 1.575 2.1 2.5 3 4 5 2.175 2 3 2 3 1.5 2 3 4 3 5 2.25 3 2 0 4 5 1.1 2 0 2 1 0.5 1 2.5 0 2 1 0.55 1.1 CN KD JM JP RB Average CN KD JM JP RB Average CN KD JM JP RB Average 8 8 16 16 17 13 8 8 8 16 7 9.4 14 20 12 20 17 16.6 12 8 20 20 14 14.8 8 4 4 4 4 4.8 8 12 4 4 12 8 12 16 16 20 14 15.6 8 4 12 16 6 9.2 14 4 12 16 18 12.8 6 9 12 9 15 10.2 6 9 9 9 15 9.6 7.5 9 9 6 15 9.3 7.5 9 12 15 12 11.1 6 9 6 9 5 7 9 12 9 15 12 11.4 4 0 8 10 10 6.4 4 0 4 2 3 2.6 5 0 4 2 6 3.4 49.5 50 84 90 82 71.1 40 34 43 56 40 42.6 57.5 57 50 63 80 61.5 Range 40.5 Rnage 22 Range 30 274

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Replacement of 21 Law Enforcement Vehicles in 2011

BUDGET IMPACT: The 2011 budget for The Woodlands Township includes funding to replace 21 law enforcement vehicles. The budget includes an appropriation of $987,000 to replace these patrol vehicles. Most of the vehicles to be replaced have over 100,000 miles and were purchased in 2003 and 2004.

FACTS/HISTORY:

In July, 2010, the Township Board authorized the purchase of seven Tahoe vehicles to replace seven Crown Victoria patrol vehicles in Town Center. Although the Tahoe vehicles had a greater overall cost, the Board considered a number of factors when approving the purchase of Tahoe vehicles for police operations in The Woodlands Town Center:

 Production of the vehicle is on-going  Replacement parts are readily available  5 year 100,000 mile power train warranty  Visibility for both the driver and observer (public)  Increased emergency lighting equipment (resulting in increased visual warning ability)  Increased cargo weight and more usable, adaptable cargo area

The new Tahoe vehicles are now in service and appear to meet all of the above objectives and according to Captain Eason, provide better gas mileage than the Crown Victoria patrol cars that they replaced.

Attached for your information is a memorandum from Director of Law Enforcement Marian Leck. In her memo, she is recommending that the Board consider expanding the use of Tahoe vehicles into neighborhood operations. Based on preliminary numbers it appears that a Tahoe will cost approximately $4,348 more to purchase and equip than a Crown Victoria or similar type of police vehicle.

Also attached for your information is a lifecycle comparison of law enforcement vehicles compiled by an automobile data research firm called Vincentric. This comparison shows that the Tahoe has the lowest life cycle cost in most categories. For a three-year period with annual usage of 25,000 miles per year, the Tahoe had the lowest lifecycle cost of $0.503 per mile compared to other vehicle costs ranging from $0.527 to $0.588. Although the initial cost of the 275 Tahoe vehicle is about $4348 more than a Crown Victoria or similar vehicle, the actual net cost of ownership is less when considering operating costs, warranty repairs, fuel usage, insurance and depreciation cost.

Staff also looked to other area cities for information on their law enforcement vehicle decisions. The City of Sugar Land is in the process of converting its police fleet to the Tahoe vehicle. The City of Shenandoah is also converting its law enforcement fleet from a Chrysler product to the Tahoe.

RECOMMENDED BOARD ACTION:

The recommendation is to authorize the Montgomery County Sheriff’s Office to replace 21 law enforcement vehicles in 2011 with Chevrolet Tahoe police package vehicles (vehicle and equipment) at a cost of approximately $987,000.

276

The Woodlands Township The Woodlands, TX

MEMORANDUM

DATE: December 8, 2010

TO: Don Norrell

FROM: Marian Leck

RE: 2011 Budget – Patrol Vehicle Purchase

The passage of The Woodlands Township 2011 budget included the purchase of twenty-one (21) patrol vehicles. With the New Year fast approaching ordering and the subsequent purchase of the patrol vehicles is very important.

During the Township 2011 budget process the Montgomery County Sherriff’s Office shared cost per fully-equipped vehicle data. The data provided was based on the Crown Victoria Police Interceptor. While the purchase of the Crown Victoria Police Interceptor has been historically the patrol vehicle of choice, that vehicle is being discontinued [last production August 2011].

In July 2010, a discussion was placed before the Board regarding the advantages of moving towards the purchase of the Chevrolet Tahoe. These advantages still stand today. An addition advantage that we did not foresee is that overall the Tahoe is providing better miles per gallon (MPG) than the Crown Victoria [provided by Captain Eason].

In short, the Tahoe’s greatest advantages include: on-going production, replacement parts readily available, 5 year 100,000 mile power train warranty, increased visibility, increased emergency lighting equipment and increased cargo weight and area.

Based on the previous recommendation in July 2010, I hold to that recommendation for the upcoming patrol vehicle purchases for 2011. I’ve attached a cost comparison for your consideration, noting that based on the estimates provided we would stay within budget.

277 VEHICLE PRICE LIST (Budget Year 2011 - cost comparison) Common on Both Tahoe XX Crown Victoria XXX Additional Additional

gig hd $3,166.00 X port replicator Panasonic (dock) for computer $334.00 X Lind power supply for use with CF-30 computer $95.00 X Synpaq III GPS module # M12 $249.00 X Synpaq serial cable for GPS $24.80 X Synpaq power supply cable $17.00 X

Motorola Hawk GPS antenna for use with Synpaq GPS module $21.85 X Magnetic card reader (driver license swipe) for use with computer $120.00 X Galls 3 outlet accessory block $16.99 X Bison ProFab MDT mounting systems $243.00 X Sierra Wireless 595 aircards w/ antenna port $49.95 X 1 year of airtime for aircard $44.68 monthly $536.16 X Motorola XTL2500 radio w/p25-Smartzone feature $3,599.78 X

Code 3 LED light bar package w/siren, speaker and control head $1,677.00 X Bison ProFab equipment console $313.00 X Bryant’s Signs Graphic kit w/ installation $375.00 X Whelen Outer Edge light bar (required on Tahoe) $998.00 XX Setina prisoner partition for Ford Crown Victoria $438.68 XXX Setina prisoner partition for Chev. Tahoe (front) $530.29 XX Setina prisoner partition for Chev. Tahoe (rear) $394.08 XX Coban Camera system $6,600.00 X Kustom Signal Raptor RP-1 dual head traffic radar $1,197.71 X Setina Push bumper for Ford Crown Victoria $289.00 XXX Setina Push bumper for Chev. Tahoe $252.00 XX Code 3 headlight flasher for Ford Crown Victoria $42.00 XXX Whelen headlight flasher for Chev. Tahoe $44.20 XX

Freight charges $290.00 X $18,296.24 $2,118.57 $769.68 2010/11 Ford Crown Victoria Police Interceptor (approx) $23,500.00 $19,065.92 $42,565.92 TOTAL Crown Victoria 2010/11 Chevrolet Tahoe PPV (approx) $26,500.00 $20,414.81 $46,914.81 TOTAL Tahoe

BUDGET YEAR - PATROL VEHICLE - TOTAL $987,000.00 TOTAL COST INCREASE PER TAHOE vs CROWN VICTORIA $4,348.89 TOTAL COST INCREASE FOR "21" TAHOE'S vs CROWN VICTORIA $91,326.69 TOTAL COST TO ORDER "21" TAHOE'S $985,211.01 TOTAL COST TO ORDER "21" CROWN VICTORIA'S $893,884.32

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A LOOK AT LIFECYCLE COSTS FOR LAW ENFORCEMENT VEHICLES Prepared February 2010 by Vincentric, LLC.

The current economic environment and the resulting flat or reduced government budgets means that all major expenditures of taxpayer dollars receive increased scrutiny. Because one of the major costs for states, counties, municipalities and other government entities is law enforcement vehicles, Vincentric used its lifecycle cost system to calculate the cost to own and operate four major 2010 police vehicles currently on the market. The results of this lifecycle cost analysis allow governments to better compare the cost to own and operate these law enforcement vehicles and to make a better informed decision on which vehicle provides the best combination of features vs. the overall lifecycle cost.

The four police vehicles studied in this market analysis were the Chevrolet Impala, Chevrolet Tahoe, Dodge Charger, and Ford Crown Victoria. The key vehicle specifications that impact lifecycle costs are shown in Chart #1 below.

Specifications of 2010 Vehicles Included in Vincentric’s Lifecycle Cost Analysis of Law Enforcement Vehicles 2010 Chevrolet 2010 Ford Crown 2010 Dodge Yr/Make/ Model Impala 2010 Chevrolet Tahoe Victoria Charger Vehicle Description Police 4D Sedan Police 4D Utility 2WD Police 4D Sedan Police 4D Sedan 4-speed Automatic 6-speed Automatic 4-speed Automatic 4T65E Hydra-matic 6L80 Electronically Electronically Electronically controlled controlled controlled Lockoutw/Overdrive 5-speed Automatic Transmission w/Overdrive (MX0) w/Overdrive (MYC) (44U) W5A580 (DGJ) 5.3L V8 SFI 16-valve 4.6L V8 EFI OHC 16- 3.5L V6 MPI SOHC Engine 3.9L V6 Flex Fuel Flex Vortec OHV (LC9) valve Flex (99V) 24-valve (EGG) MSRP $25,710 $32,255 $27,260 $29,420 Invoice $24552 $30,062 $25,639 $28,167 Destination $825 $950 $875 $750 Published Fleet Incentive $2,000 $2,000 $2,500 $2,000 Vincentric Fleet Price (Invoice + Destination - Incentive) $23,377 $29,012 $24,014 $26,917

Chart #1

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Lifecycle Cost Analysis is the measurement of all costs incurred as a result of owning and operating a vehicle. By using a lifecycle cost analysis to evaluate the value of a law enforcement vehicle, buyers take into account more than just the purchase price. Items such as depreciation (how much value a vehicle loses over time), fuel costs, insurance, maintenance, repairs, financing, and even opportunity cost…which is the loss of potential interest income as a result of owning and operating a vehicle….all play a role when evaluating a vehicle’s value.

Lifecycle Cost Components Measured In Law Enforcement Lifecycle Cost Analysis

- Depreciation - Financing - Fuel - Maintenance - Insurance - Repairs - Opportunity Cost

Note: Vincentric does not include Fees and Taxes when measuring government lifeycle costs

Vincentric is well positioned to analyze the impact of promotions on Lifecycle Cost. Each month the organization measures Lifecycle Cost for over 12,000 vehicle configurations for vehicles from 2005-2010 model years, with many of the results published on major web sites, including Yahoo! Autos, Cars.com, AOL Autos, NADA Guides, The AutoChannel, Fleet-Central.com, and many others. In addition, the company releases Vincentric’s Best Value in America awards and Vincentric’s Best Fleet Value in America awards each year for vehicles in each automotive segment.

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Law Enforcement Vehicle Lifecycle Cost Analysis

Because different organizations have different vehicle ownership strategies, Vincentric’s fleet lifecycle cost analysis measures costs at a variety of timeframes (2, 3, 4, and 5 years) as well as a variety of annual mileages (10, 15, 20, 25, and 30 thousand miles). This results in a total of 20 different scenarios (e.g. 3 yr, 30,000 miles per year) that were measured by Vincentric. In doing so, the results showed that the 2010 Chevrolet Tahoe Police 2WD had the lowest lifecycle cost in the majority of the scenarios.

This was somewhat surprising, given that the Tahoe had the highest acquisition cost of any vehicle in the study. However, as shown in Chart #2 below(which displays 25,000 miles per year and 3 years of ownership), the Tahoe’s strong residual values created the lowest depreciation cost in this, and many other scenarios.

Lifecycle Cost Analysis of Law Enforcement Vehicles Based Upon 25,000 miles per year, 3 years of ownership 2010 Chevrolet 2010 Chevrolet 2010 Ford Crown Yr/Make/ Model Impala Tahoe Victoria 2010 Dodge Charger Vehicle Description Police 4D Sedan Police 4D Utility 2WD Police 4D Sedan Police 4D Sedan

Vincentric Fleet Highest Price (Invoice + Acquisition Cost Destination - Incentive) $23,377 $29,012 $24,014 $26,917 Depreciation $18,577 $11,637 $18,714 $20,267 Fees & Taxes $0 $0 $0 $0 Finance $3,387 $4,203 $3,480 $3,898 Fuel $10,079 $11,945 $10,924 $9,842 Insurance $3,471 $4,796 $3,576 $4,757 Maintenance $2,069 $2,402 $3,094 $3,016 Opportunity Cost $1,134 $1,408 $1,236 $1,291 Repairs $821 $1,306 $688 $1,017 Grand Total $39,538 $37,697 $41,712 $44,088 Cost Per Mile $0.527 $0.503 $0.556 $0.588 Chart #2 Lowest Lifecycle Cost

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A Look at the Details

To better understand the details in Chart #2, an explanation of each cost component follows.

1. Vincentric Fleet Price (Acquisition Price) – To create a fair process for estimating a fleet acquisition price, Vincentric uses a standard methodology of taking the invoice price (plus destination charge) and discounting that number by subtracting the published fleet price. This results in an acquisition price that is obtainable by all authorized fleet buyers. Although high volume buyers will certainly be able to negotiate a lower price, regardless of the vehicle, this lifecycle cost analysis uses only published discounts to create the most objective analysis possible.

2. Depreciation Expense - Vincentric determines depreciation by using the Vincentric Fleet Price and subtracting the expected residual (future) value of the vehicle at 2, 3, 4, and 5 years. Vincentric’s source for residual values is Black Book, a division of Hearst Publishing. Mileage adjustments for each of these years were made to determine lifecycle costs assuming annual mileage of 10,15, 20, 25, and 30 thousand miles.

3. Fees and Taxes – Although fees and taxes are typically used in lifecycle cost analysis, this study did not do so because governmental entities do not typically incur this expense.

4. Fuel Costs – Fuel Costs use EPA estimates and assume 55% city and 45% highway driving. Fuel prices were based on US averages and used a weighted average of prices from recent months.

5. Finance Costs – Financing costs were based on a down payment of 15% using average current industry rates. Thee same financing rate was used for all four vehicles.

6. Opportunity Cost – Opportunity Cost is the amount of interest that could have been earned by investing the out of pocket expense of a vehicle in a Certificate of Deposit. Although Opportunity Cost is not a line-item in a departmental budget, it has an impact on available cash for the government entity, and as a result is appropriate for an in-depth lifeycle cost analysis.

7. Maintenance Costs – Maintenance costs include both costs to adhere to the manufacturer’s recommended maintenance schedule as well as costs for normal wear items such as tires and batteries.

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8. Repair Costs –Repair costs are estimated using the average price businesses will pay to keep their vehicle in operating condition (not including the cost for expected maintenance). To calculate this, we start by using the cost of a $0 deductible extended service contract that will pay for repairs during the vehicle's lifecycle. Figures used are averages from major providers of automotive extended warranty contracts, and are adjusted to eliminate the profit margin from the calculation. This cost is applied after taking into account manufacturer warranties.

9. Insurance Costs – Insurance costs vary by type of vehicle and coverage amounts. Although the insurance costs included in this analysis are not specific for law enforcement coverage, they are included to help create a basis for comparison to determine which vehicles are lower to insure and by what percentage. Even if an organization is self-insured, insurnce costs are relevant in a lifecycle cost analysis to show which vehicles may require greater or reduced insurance reserves for the government entity.

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Lifecycle Cost and Timing

Although the Tahoe performed well and had the lowest lifecycle cost more often than any other law enforcement vehicle, it didn’t have the lowest lifecycle cost in every scenario measured. For instance, in Chart #3 below which reflects annual mileage of 20,000, the Tahoe shows the lowest lifecycle cost in years 2 and 3, but then in the later years its costs rise relative to the other vehicles, with the Chevrolet Impala and Ford Crown Victoria having lower lifecycle costs as the timeframe increases. This chart shows the cumulative lifecycle costs and indicates that the expected length of ownership is a key factor when using Lifecycle Cost Analysis to assist in the vehicle purchase decision process.

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Cost Isn’t the Only Purchase Criterion

It is important to realize that although lifecycle costs are critical component of a purchase decision, vehicle functionality must be taken into account as well. Although all four vehicles in this analysis are built to be functional for law enforcement use, their performance, handing, capacity, and other features and functions are not identical. However, by using and understanding lifecycle cost analysis, vehicle purchasers can better understand the lifecycle cost savings or surcharge that will be incurred to have the features and functions of a particular vehicle.

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APPENDIX A look at lifecycle costs for Law Enforcement Vehicles Prepared February, 2010 by Vincentric, LLC.

Two different presentations of the same data are shown below to identify which law enforcement vehicle had the lowest lifecycle cost in each of the twenty different lifecycle cost scenarios measured by Vincentric.

The results in the left column are sorted by timeframe, while the chart on the right is sorted by annual mileage. The Chevrolet Tahoe had the lowest lifecycle cost in eleven of the twenty scenarios, while the Chevrolet Impala was lowest in the remaining nine scenarios. The Tahoe’s strengths were in the the shorter timeframe, lower mileage scenarios, while the Impala was stronger in the longer timeframes and higher mileage scenarios.

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THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2010

SUBJECT MATTER: Purchase of Fire Apparatus

BUDGET IMPACT: 2011 Capital Budget - $490,133.00

FACTS/HISTORY:

Located within the 2011 WFD Capital budget is $500,000 for the replacement of a 2002 Pierce fire engine, E-102, currently assigned to Fire Station #2. Once approved and ordered the proposed apparatus will be delivered to the department in approximately 7 to 8 months. The apparatus specified is similar to previous fire apparatus purchased and assists the department in uniformity of operations and maintenance of the fire department fleet. This vehicle will be assigned to Fire Station #2 and the current engine will be assigned temporarily to Fire Station #8 before being placed in reserve status.

The proposal was obtained from the Pierce Manufacturing Company in the amount of $490,133.00 and the pricing is based on the current H.G.A.C. (Houston Galveston Area Council) co-op through the Texas Interlocal Cooperation Act and Purchasing Statutes. H.G.A.C. co-op purchasing has been utilized for the last several years by the department when purchasing fire apparatus.

WFD was able to secure 2010 pricing through Pierce Manufacturing Company’s willingness to extend the proposal for an extra 30 days which avoided an increase of 3 % effective January 1, 2011 saving $14,703.

RECOMMENDED TOWNSHIP BOARD ACTION:

Approve the purchase of a new fire apparatus from Martin Apparatus, Inc., authorized dealer for Pierce Manufacturing Company, in the amount not to exceed $490,133.

RECOMMENDED WFD BOARD ACTION:

Approve the purchase of a new fire apparatus from Martin Apparatus, Inc., authorized dealer for Pierce Manufacturing Company, in an amount not to exceed $490,133.00.

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THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Sanitary Sewer Easement to Montgomery County Water Control & Improvement District No. 1 (WC&ID) for sanitary sewer improvements in the Village of Grogan’s Mill, Section 66, ROSR A

BUDGET IMPACT: Nominal attorney’s fees will be incurred for reviewing the easement document.

FACTS/HISTORY: AEI Engineering on behalf of Montgomery County WC&ID is designing the replacement of an existing force main along the south side of Sawdust Road from Glen Loch Drive to Regal Oak Road. This section of Sawdust Road only has five feet from the edge of pavement to the right-of-way line. Due to this limited space, they are requesting that the Township grant to WC&ID a three-foot Sanitary Sewer Easement in Restricted Open Space Reserve A, of Grogan’s Mill Section 66, adjacent to the right-of-way (see attached letter from AEI).

The original request from AEI was to place the easement well within the ROSR. At staff’s suggestion, AEI changed the location to be adjacent to the right-of-way line. Staff has reviewed the site and assessed the potential impact to the residents of Grogan’s Point, particularly several homes on Hillock Woods that back up to Sawdust Road. As the proposed three-foot area of the ROSR contains no trees and very little vegetation, it is anticipated that no adverse impact to the Township or residents will result from granting the easement (see attached location map and area photos). Note: Regal Oak Drive is not a constructed existing street.

The Township collected $300 from Southwestern Bell in granting them a Facilities Easement in August of 2010. The Community Associations granted many utility easements to various utility companies and established a $300 fee to cover legal review fees. The Board may consider if a similar fee is warranted.

Legal counsel is reviewing the attached Sanitary Sewer Easement document to approve to form.

RECOMMENDED BOARD ACTION: Authorize the President/General Manager to execute the Sanitary Sewer Easement with Montgomery County Water Control & Improvement District No. 1 contingent upon final review and approval of legal counsel.

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SANITARY SEWER EASEMENT

THE STATE OF TEXAS § § COUNTY OF MONTGOMERY §

KNOW ALL MEN BY THESE PRESENTS, that the ______(hereinafter called "Grantor"), for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid by MONTGOMERY COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 1 of Montgomery County, Texas, c/o Michael A. Cole, Attorney at Law, 5120 Bayard Lane, Houston, Texas 77006, a body politic and corporate and a governmental agency created and operating under the provisions of Chapters 49 and 54, Texas Water Code and pursuant to Article XVI, Section 59, Texas Constitution (hereinafter called "District"), the receipt and sufficiency all of which are hereby acknowledged, has granted, sold and conveyed and by these presents does grant, sell and convey unto District, its successors, assigns and legal representatives a perpetual non- exclusive easement, right-of-way and right-of-use for the purpose of maintaining, constructing, reconstructing, repairing, installing, relocating and removing sanitary sewer improvements and any related facilities in or over the certain ______square feet of property in Montgomery County, Texas, which are described in Exhibit "A" and shown on Exhibit “B” attached hereto, hereinafter referred to collectively as the "Easement Tract".

This conveyance is made and accepted subject to any other easements, covenants, conditions and other matters of record, if any, affecting the Easement Tract. Grantor retains, reserves and shall continue to enjoy the use of the surface of the Easement Tract for any and

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292 all purposes which do not interfere in any material way with and prevent the use of by District of this easement including the right to build driveways, gardens, lawns, security fences, signage, planting or parking areas and other like use.

TO HAVE AND TO HOLD the easement, right-of-way and right-of-use herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging, including all necessary rights of ingress, egress and regress over the Easement Tract, unto District, its successors and assigns, forever. District may do and perform all acts necessary to construct, reconstruct, repair, relocate, remove or maintain such sanitary sewer improvements and/or related facilities within the Easement Tract and operate thereon all necessary machinery and equipment to efficiently prosecute the work; provided, however, where possible in its reasonable judgment the District will endeavor to protect all trees from injury or destruction. The District (i) will use reasonable efforts to limit the disturbance of the surface of the Easement Tract and the interference with the use of the land adjacent to the Easement Tract arising from work, in or under the Easement Tract to the extent practicably possible; and (ii) will, following any work in, on or under the Easement Area, restore the surface of the Easement Tract and any adjacent land to its condition immediately preceding such work at the sole cost and expense of the District.

EXECUTED AT COUNTY, this the day of , 2011.

[GRANTOR'S LEGAL NAME]

By: Title:______

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293 STATE OF TEXAS § § COUNTY OF MONTGOMERY §

BEFORE ME, the undersigned authority, a Notary Public in and for County, , on this date personally appeared______, ______of [Grantor's Legal Name], known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated.

GIVEN under my hand and seal of office this day of , 2011.

Notary Public in and for the State of Texas (SEAL)

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294 295 Aerial View 296 Control Map View 297 Plan & Profile Sheet 7 298 View of Lift Station & Regal Oak ROW 299 View of Regal Oak from Hillock Woods 300 View of Lift Station 301 3’ 7’

Proposed 12’- 16’ Easement Centerline Location of 6” Sanitary Sewer Line NTS

View of Area Affected by Easement Request 302 Plan & Profile Sheet 7 303 Plan & Profile Sheet 7 304 Glen Loch Dr

Final View affected area 305

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THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Approval to allow Covenant Administration application fees and compliance deposits to be paid online through the Township’s website

BUDGET IMPACT: $15,000 for fees to be paid by the Township related to online credit card transactions was included in the 2011 budget

FACTS/HISTORY:

Currently, residents or contractors remitting application fees or compliance deposits required by the Covenant Administration department must make payment through the U.S. mail or in person at the Service Center office. The staff has received numerous requests to allow such payments to be processed online through the Township’s website. This would result in convenience for the applicant, as well as improve staff efficiency due to a reduction in visitor traffic within the office building associated with the payment of these routine fees. The online payment process would work similarly to the one currently used by the Parks and Recreation staff for participants’ payments for pool passes and recreation programs.

It is anticipated that for each online payment transaction, the Township would incur an expense of approximately 4% of the transaction amount for fees imposed by the credit card company and the software vendor selected to facilitate the payment. Based on a review of Covenant Administration application payment data for the past three years, staff estimates the Township’s annual expense to provide this online payment service will total $15,000.

RECOMMENDED BOARD ACTION:

Approve the establishment of an online payment system through the Township’s website for Covenant Administration application and compliance fees.

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THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Tax Abatement Request – Forest Ridge Executive Office Condominiums

BUDGET IMPACT: N/A

FACTS/HISTORY: The Woodlands Township received an Application for Tax Abatement from Forest Ridge Executive Office Condominiums in late December, 2010. Forest Ridge submitted a similar tax abatement application to the Montgomery County Commissioners Court and the county abatement was approved on September 13, 2010.

The abatement application from Forest Ridge Executive Office Condominiums indicates that the applicant will be constructing new condo office buildings to expand branch locations of current businesses and encourage new business development. This project anticipates that a total of 11 buildings with four condo units per building will be constructed in four phases with a total construction of 53,900 square feet. Each condo unit will be sold separately. These office condos are commercial offices and will be occupied by firms yet to be determined. According to the tax abatement agreement approved by Montgomery County, the tax abatement may be passed on to the first buyer of the condo property. For example, an accounting firm (initial buyer) buying one of the condo offices could be assigned a portion of the tax abatement. Although the County’s tax abatement policy provides that a tax abatement may be provided for development of a new Office Building, Section II (n), provided that the “new building is occupied 100% by one owner or one tenant, it also allows the Board discretion to make adjustments to this policy for special conditions or circumstances.

The Township’s Tax Abatement Policy was adopted on July 22, 2009. The Woodlands Township’s Tax Abatement Policy “mirrors” the Montgomery County Tax Abatement Policy and Guidelines & Criteria.

Part of the due diligence process on the consideration of this tax abatement involved discussions with the applicant and with the Montgomery County Tax Assessor Collector.

The applicant (Mr. Hextell, Vice President of Sales and Development) confirmed that Phase I of the project will contain 3 buildings with 12 units, 8 of which are either sold or close to being sold. According to the applicant, the tenants for these condo buildings tend to be small firms (such as accounting firms, attorneys or service companies) who may be currently located within The Woodlands, located outside The Woodlands, small business that operate from home offices or larger companies that want to locate an office presence in The Woodlands. Phases 2, 309 3 and 4 of this project have not been sold. The applicant anticipates that 50 new jobs will be created and that 100 jobs will be retained when all four phases are complete.

Tax Assessor Collector J.R. Moore confirmed that the Montgomery County Commissioners Court approved the tax abatement application for Forest Ridge. Mr. Moore indicated that the Commissioners Court was very interested in encouraging new business investment and job growth in the County and used their additional discretion (granted by the abatement guidelines) to approve the abatement for the Forest Ridge Condo project. According to Mr. Moore, an organization moving from an existing facility in The Woodlands would have to create new jobs and create new tax base to qualify for the tax abatement. The office space that an existing firm is vacating in the community must be occupied through lease or ownership before they will receive the full benefit of the tax abatement. This is monitored by the Montgomery County Tax Assessor’s office.

In order to qualify for the tax abatement, Forest Ridge must create a total market value of $7 million which amounts to approximately $5 million in new taxable value. The project must also create 50 new jobs while also retaining the existing jobs that are moved to this facility by a company. It is my understanding that Mr. Moore’s office will audit these requirements and in the event of default of requirements, the County and the Township (if granting the abatement) shall be entitled to recapture any property tax which has been abated as a result of this agreement.

Similar to other tax abatement granted in The Woodlands, the proposed tax abatement for Forest Ridge would be subject to meeting the additional tax value and new jobs creation required by the abatement agreement. The primary difference in this abatement application and other tax abatements granted in the community, is that there is not a single company (owner or tenant) seeking to locate within The Woodlands and seeking the tax abatement. Forest Ridge is seeking to provide the tax abatements to the “first sale” purchaser of the condo office building. There are potentially 44 purchasers (who have not been identified yet), who would be provided with a tax abatement under this proposal if they purchase one of the 44 condo office buildings from the developer (provided that all of the abatement requirements are met).

In summary, the “first impression” is that the requested abatement is different than abatement proposals that we have traditionally considered. This proposed abatement has a “speculative” nature in that it does not have a named tenant or owner and is unclear in regard to how the cumulative abatement agreement requirements would be enforced against the 44 individual condo owners if the overall abatement agreement objectives are not met. Legal counsel is reviewing these concerns and will report to the Board at the meeting on January 20th

Attached for your information is a copy of the abatement request submitted by the applicant along with a copy of the approved agreement between Montgomery County and Forest Ridge. Also included is a copy of the Township’s current tax abatement policy which was approved by Township Resolution 012-09 on July 22, 2009.

RECOMMENDED BOARD ACTION:

Will be discussed at the Board work session. 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350

THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: First Amendment to the Consent Agreement with The Woodlands Land Development Company

BUDGET IMPACT: There is no budget impact related to the Amendment to the Consent Agreement as the Township’s portion of the capital projects subject to the agreement has been included in the Township’s 2011 Budget and Five-Year Plan.

FACTS/HISTORY: The Woodlands Township entered into a Consent Agreement with The Woodlands Land Development Company, L.P. on February 1, 2008. Section 1 of the Agreement gives Approvals and Consents to the conveyance, transfer and assignment pursuant to the Transition Agreement of each and all of the contracts and agreements described in Exhibit A of the Consent Agreement. Included in that Exhibit is the Construction Management Agreement between The Woodlands Land Development Company and The Woodlands Commercial Owners Association dated January 19, 2006; and the Recreation Facilities Development Agreement between The Woodlands Corporation and The Woodlands Association, as renewed and extended by subsequent Renewal and Amendment agreements the last of which being executed on July 31, 2006.

While the Consent Agreement extends the terms of certain Agreements and rights to expire on May 29, 2014, the Construction Management Agreement has an expiration date of January 18, 2011, and the Recreation Facilities Development Agreement has an expiration date of July 31, 2011.

Therefore, to clarify and confirm the intent of the Consent Agreement, it is necessary to amend the Consent Agreement to extend the terms of each of the above mentioned Agreements to coincide with the May 29, 2014 date.

RECOMMENDED BOARD ACTION:

It is recommended to approve the First Amendment to Consent Agreement and authorize the Chairman to execute the agreement.

351 FIRST AMENDMENT TO CONSENT AGREEMENT

THIS FIRST AMENDMENT TO CONSENT AGREEMENT (this "Amendment"), dated and effective as of the 1st day of February, 2011, is made by and between THE WOODLANDS TOWNSHIP, a political subdivision of the State of Texas (the "Township"), and THE WOODLANDS LAND DEVELOPMENT COMPANY, L.P., a Texas limited partnership ("TWLDC").

RECITALS

WHEREAS, the Township and TWLDC have heretofore entered into that certain Consent Agreement, dated and effective as of February 1, 2008 (the "Agreement"), whereby the Township assumed and accepted the assignment of a series of contracts and agreements identified in Exhibit "A" to the Agreement, and TWLDC consented to the transfer of assignment of such contracts and agreements to the Township, and the parties further mutually agreed to extend the term and duration of such contracts and agreements, as set forth in the Agreement; and

WHEREAS, it was the purpose and intent of the parties in the Agreement to extend the term and duration of those certain contracts and agreements listed and described in Exhibit "A" hereto until May 29, 2014, but by oversight, the parties omitted the extension of the term and duration of such agreements; and

WHEREAS, the parties have determined to correct such mutual mistake by amendment of the Agreement; NOW, THEREFORE,

AGREEMENT

FOR AND IN CONSIDERATION of the mutual benefits, undertakings and obligations set forth herein and in the Agreement, the Township and TWLDC contract and agree as follows:

Section 1: The term and duration of the contracts and agreements listed and described in Exhibit "A" hereto are hereby extended by mutual agreement to May 29, 2014.

Section 2: Except as amended by this Amendment, all remaining terms and provisions of the Agreement shall continue in force and effect as provided in the Agreement.

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IN WITNESS WHEREOF, the parties have executed this Amendment in multiple counterparts, each of which shall be deemed to be an original as of the date first hereinabove written.

THE WOODLANDS TOWNSHIP

By: ______Name: ______Title: ______

THE WOODLANDS LAND DEVELOPMENT COMPANY, L.P., a Texas limited partnership

By: The Woodlands Operating Company, a Texas limited partnership, Authorized Agent

By: ______Name: ______Title: ______

353 EXHIBIT "A"

Construction Management Agreement between The Woodlands Land Development Company, L.P. and The Woodlands Commercial Owners Association, Inc., dated as of January 19, 2006.

Recreation Facilities Development Agreement between The Woodlands Corporation and The Woodlands Association, Inc., dated as of August 1, 1996, as renewed and extended by that certain Renewal and Amendment of Recreation Facilities Development Agreement between The Woodlands Land Development Company, L.P. and The Woodlands Association, Inc., effective as of July 31, 2001, and by that certain 2nd Renewal of Recreation Facilities Development Agreement between the same parties, effective as of July 31, 2006.

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THE WOODLANDS TOWNSHIP The Woodlands, TX

EXECUTIVE SUMMARY

MEETING DATE: January 20, 2011

SUBJECT MATTER: Committee Structure

BUDGET IMPACT: None

FACTS/HISTORY:

Director Hausman asked that the Board discuss changes approved by the Board in September 2010, to the Board’s committee structure.

In April 2010, the Board implemented a workshop-style business meeting each month to function as a “committee of the whole” and eliminated the Executive Committee. In September 2010, the Board accepted a recommendation from the Committee on Governance to further change the Township committee structure. Changes were only made to committees of the Board, rather than those Boards and Committees that operate independent of the Township Board of Directors.

In September 2010, the Board chose to eliminate the Committee on Governance and the Public Facilities Administration Committee. The Project Planning and Development Committee changed in name to the Projects Research Committee and in scope to focus on economic development issues. The scope of the Investment Committee was changed to focus on annual review of investment policies, rather than reviewing actual investments. The Audit Committee continues to serve a specific legal purpose and the Ad Hoc Water Taxi Committee was allowed to continue until completion of its stated purpose.

With these changes, the majority of issues are researched through staff processes and a staff recommendation is made for consideration and discussion by the full Township Board.

The Board reserves the right to add new Ad Hoc committees from time to time to address specific issues, when appropriate, as determined by the Board. Ad Hoc committees would make recommendations to be discussed and acted on by the full Township Board of Directors; the committee would not have any final decision-making authority.

RECOMMENDED BOARD ACTION: None. For information only.

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