The Board of Directors of the Woodlands Township and to All Other Interested Persons

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 will hold a Regular Board Meeting on Thursday, August 22, 2019, at 6:00 p.m., at the office of The Woodlands Township, 2801 Technology Forest Blvd, The Woodlands, Texas, within the boundaries of The Woodlands Township, for the following purposes:

STANDARD ITEMS

1. Invocation / Pledge of Allegiance;

2. Call meeting to order;

3. Receive, consider and act upon adoption of the meeting agenda;

PROCLAMATIONS

4. Receive, consider and act upon proclamations;

a. Receive, consider and act upon a proclamation recognizing September 11 as Patriot Day and the National Day of Service and Remembrance;

b. Receive, consider and act upon a proclamation for First Responders Day (September 11);

5. Recognize public officials;

6. President / General Manager's Report;

7. Public comment;

CONSENT AGENDA

8. Receive, consider and act upon the Consent Agenda; (This agenda consists of non-controversial or "housekeeping" items required by law. One motion with modifications, if applicable, approves for action, all items contained within the Consent Agenda. Items may be moved from the Consent Agenda to the Regular Agenda by any Board Member making such request prior to a motion and vote.)

a. Receive, consider and act upon the minutes from the November 16, 2018 Special Board of Directors Meeting, the July 18, 2019 Regular Board of Directors Meeting, the July 24, 2019 Board Planning Session, the July 24, 2019 Regular Board of Directors Meeting, the July 31, 2019 Special Board of Directors Meeting, and the August 5, 2019 Special Board of Directors Meeting for the Board of Directors for The Woodlands Township;

b. Receive, consider and act upon Administrative Reports for Community Services;

c. Receive, consider and act upon Administrative Reports for Law Enforcement and Community Policing;

d. Receive, consider and act upon Administrative Reports for Transportation (Park and Ride and Trolley System);

e. Receive, consider and act upon Administrative Reports for The Woodlands Fire Department;

f. Receive, consider and act upon the disposal of twelve (12) Philips MRX Cardiac Monitors/Defibrillators;

g. Receive, consider and act upon revisions to The Woodlands Township Personnel Policy Manual;

h. Receive, consider and act upon a Third Amendment to the Memorandum of Understanding with City of Shenandoah (C-2012-3908A3);

i. Receive, consider and act upon a Host Venue Sponsorship Agreement with the International Association of Lions Club for the Wildflower Festival (C-2019-0325);

j. Receive, consider and act upon a second amendment to the Host Venue Sponsorship Agreement for The Woodlands Marathon (C-2016-0340A2);

k. Receive, consider and act upon an award of bid for 2019 – 2022 Tree Lighting Services (C-2019-0201);

l. Receive, consider and act upon the Federal Transit Administration mandated three-year final update to The Woodlands Township Disadvantaged Business Enterprise (DBE) goal setting as required by 49 CFR Part 26;

REGULAR AGENDA

9. Receive, consider and act upon Incorporation Planning Study matters (as requested by Chairman Bunch);

10. Receive, consider and act upon a briefing from The Woodlands Joint Powers Agency and San Jacinto River Authority on responding to the Texas Water Development Board request for feedback on implementing flood legislation from the 86th Texas Legislative Session (as requested by Director Snyder);

11. Receive, consider and act upon a sponsorship request for The Woodlands Pride Festival;

12. Receive, consider and act upon an update from consultant regarding Compensation & Classification Study (C-2018-0595);

13. Receive, consider and act upon scheduling Incorporation Planning Session meetings;

CLOSED MEETING (if applicable)

14. 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; discuss IT network or critical infrastructure security pursuant to §551.089, Texas Government Code; and to consult with The Woodlands Township’s attorney pursuant to §551.071, Texas Government Code;

15. Reconvene in public session;

DISCUSS FUTURE AGENDA /ANNOUNCEMENTS

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

17. Board announcements; and

18. Adjournment.

President/General Manager for The Woodlands Township

This building is wheelchair accessible. Handicap parking spaces are available. To request other accommodations, call 281-210-3800 or email [email protected].

Agendas and Board Meetings may be viewed live at http://www.thewoodlandstownship-tx.gov/index.aspx?NID=778.

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon a proclamation recognizing September 11 as Patriot Day and the National Day of Service and Remembrance;

FISCAL IMPACT: Estimated cost for the two events on September 11 as presented total $4,300 and is included in the 2019 Parks and Recreation Department Budget.

BACKGROUND: In 2017, the Township Board of Directors approved the addition of two special events to recognize, remember and honor the events of September 11: Patriot Day of Remembrance at Central Fire Station and First Responder's Day to be held at Town Green Park. In addition, a proclamation has been developed for each occasion to be adopted and read aloud at each event (Attachment A).

In the United States, September 11th is designated as Patriot Day in memory of those who died in the September 11, 2001 terrorist attacks. By a joint resolution approved December 18, 2001 (Public Law 107-89), Congress has designated September 11 of each year as "Patriot Day", and by Public Law 111-13, approved April 21, 2009, the Congress has requested the observance of September 11 as an annually recognized "National Day of Service and Remembrance".

The Township will be holding two events on September 11 to recognize those lost in the attacks on September 11 and to recognize The Woodlands Township’s First Responders. Patriot Day of Remembrance 7:30 a.m. to 8:00 a.m. at The Woodlands Fire Department Central Station The purpose of the event is to remember and honor those lost in the attacks on September 11, 2001. First Responders Day 5:30 p.m. to 6:30 p.m. at Town Green Park The purpose of the event is to remind residents of the work First Responders do for the community and the challenges they face in their work.

RECOMMENDATION: Approve the Proclamation.

Attachments Attachment A - Proclamation Patriots Day and National Day of Remembrance Attachment A - Proclamation Patriots Day and National Day of Remembrance PROCLAMATION

The Woodlands, Texas

BE IT PROCLAIMED:

WHEREAS, on September 11, 2001, the United States was attacked by terrorists, killing thousands of innocent citizens in New York, Washington, D.C. and Pennsylvania; and

WHEREAS, on this 18th anniversary of that terrible day, we pay tribute to the innocent who were senselessly killed in the World Trade Center attack. Their deaths have left indelible holes in the fabric of our community and America; and

WHEREAS, in the aftermath of these horrific attacks, thousands of Americans displayed the highest levels of bravery and selflessness, risking or sacrificing their own lives to save their fellow citizens; and

WHEREAS, we pay homage to the emergency responders and ordinary citizens who performed extraordinary acts of courage and valor during our nation's most dire moment of need; and

WHEREAS, the tragic events of September 11, 2001, have unified our nation against the forces of hatred and oppression and reaffirmed our dedication to the fundamental American ideals of freedom and liberty; and

WHEREAS, a remembrance ceremony will be held at The Woodlands Central Fire Station on September 11, 2019, at 7:30 a.m. As we gather at The Woodlands Central Fire station, we are once again demonstrating the resiliency, determination, compassion, strength and patriotism that define us as Americans; and

WHEREAS, we urge all citizens to honor those who lost their lives on September 11, 2001, and to reflect upon America's proud tradition of freedom and bravery and to renew our commitment to serving our community, state and our nation.

Now, therefore, I, Gordy Bunch, Chairman of The Woodlands Township Board of Directors do hereby proclaim September 11, 2019 as:

“Patriot Day and the National Day of Service and Remembrance”

In The Woodlands, Texas

IN WITNESS WHEREOF: I have hereunto set my hand and caused this Seal of The Woodlands Township to be affixed hereto this 22nd day of August in the year Two Thousand Nineteen.

______Gordy Bunch, Chairman of the Board, The Woodlands Township The Woodlands, Texas

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon a proclamation for First Responders Day (September 11);

FISCAL IMPACT: Estimated cost for the two events on September 11 as presented total $4,300 and is budgeted in the 2019 Parks and Recreation Department Budget.

BACKGROUND: The Township Board of Directors approved the addition of two special events to recognize, remember and honor the events of September 11: Patriot Day of Remembrance to be held at Central Fire Station and First Responders Day to be held at Town Green Park. In addition, a proclamation has been developed for each occasion to be adopted and read aloud at each event (Attachment A).

The State of Texas has declared September 11 as Texas First Responders Day through Texas Statue Section 662.050 which declares this day “shall be regularly observed by appropriate ceremonies in the public schools and other places to honor Texas first responders. Each governmental entity may determine the appropriate ceremonies by which Texas observes Texas First Responders Day”.

RECOMMENDATION: Approve the Proclamation.

Attachments Proclamation - First Responders Day 2019

PROCLAMATION

The Woodlands, Texas

BE IT PROCLAIMED:

WHEREAS, the members of First Responder organizations undergo significant education, training, and personal sacrifice in order to achieve the expertise required to respond to emergency situations; and

WHEREAS, individuals, both career and volunteer, from 9-1-1 dispatchers, law enforcement, fire, emergency medical services, search and rescue and other organizations in the public safety sector, come together as First Responders to protect and aid the public in the event of an emergency; and

WHEREAS, every day First Responders risk their own safety in the performance of their duties to protect our communities; and

WHEREAS, First Responders are ready to respond 24 hours a day, seven days a week and are our first and best defense against all emergencies that threaten our communities whatever their nature; and

WHEREAS, First Responders are vital in every community to maintain safety and order in times of crisis; and

WHEREAS, The Woodlands Township takes great pride in supporting its first responders, and, Texas State Statue Section 662.050 declares this day “shall be regularly observed by appropriate ceremonies in the public schools and other places to honor Texas First Responders.”

Now, therefore, I, Gordy Bunch, Chairman of The Woodlands Township Board of Directors do hereby proclaim September 11, 2019 as:

“First Responders Day”

In The Woodlands, Texas

IN WITNESS WHEREOF: I have hereunto set my hand and caused this Seal of The Woodlands Township to be affixed hereto this 22nd day of August in the year Two Thousand Nineteen.

______Gordy Bunch, Chairman of the Board, The Woodlands Township The Woodlands, Texas

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon the minutes from the November 16, 2018 Special Board of Directors Meeting, the July 18, 2019 Regular Board of Directors Meeting, the July 24, 2019 Board Planning Session, the July 24, 2019 Regular Board of Directors Meeting, the July 31, 2019 Special Board of Directors Meeting, and the August 5, 2019 Special Board of Directors Meeting for the Board of Directors for The Woodlands Township;

FISCAL IMPACT: BACKGROUND: RECOMMENDATION: Approve minutes as presented.

Attachments 11-16-18 Special BOD Minutes Vote Tabs - 11-16-18 Special BOD Meeting 7-18-19 Regular BOD Minutes Vote Tabs - 7-18-19 Regular BOD Meeting 7-24-19 Regular BOD Meeting Vote Tabs - 7-24-19 Regular BOD Meeting 7-24-19 Board planning session minutes Vote Tabs - 7-24-19 Planning Session Meeting 7-31-19 Minutes Vote Tabs - 7-31-19 Special Meeting 8-5-19 Minutes Vote Tabs - 8-5-19 Special Meeting

THE WOODLANDS TOWNSHIP

Board of Directors Meeting

SPECIAL BOARD MEETING

November 16, 2018

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 16, 2018, posted to begin at 9:00 a.m. The meeting was held in the Board Chambers at the office of The Woodlands Township, 2801 Technology Forest Boulevard, The Woodlands, Texas, within the boundaries of The Woodlands Township.

STANDARD ITEMS

1. Invocation / Pledge of Allegiance;

Chairman Gordy Bunch led the Pledge of Allegiance to the United States flag and Texas State flag.

2. Call meeting to order;

Chairman Gordy Bunch called the meeting to order at 9:06 A.M. and declared that notice of this meeting was posted 72 hours in advance inside the boundaries of The Woodlands Township at the office building located at 2801 Technology Forest Blvd., The Woodlands, Texas. The roll was then called of the duly elected members with three members absent. Present: Chairman Gordy Bunch; Secretary Ann Snyder; Director Bruce Rieser; Director Carol Stromatt Absent: Vice Chairman John McMullan; Treasurer John Anthony Brown; Director Brian Boniface Staff Don Norrell, Nick Wolda, Monique Sharp, John Powers, Alan Benson, Karen Dempsey, Susan Present: Welbes, Robin Cross 3. Receive, consider and act upon adoption of the meeting agenda;

Motion by: Director Bruce Rieser moved to adopt the meeting agenda. Second by: Secretary Ann Snyder

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan ABSENT Secretary Ann Snyder YES Treasurer John Anthony Brown ABSENT Director Brian Boniface ABSENT

Board of Directors Special Board Meeting November 16, 2018 1

Director Bruce Rieser YES Director Carol Stromatt YES

4. Recognize public officials;

There were no public officials in attendance.

5. Public comment;

No individuals provided public comment.

CONSENT AGENDA

6. Receive, consider and act upon the Consent Agenda; (This agenda consists of non-controversial or "housekeeping" items required by law. One motion with modifications, if applicable, approves for action, all items contained within the Consent Agenda. Items may be moved from the Consent Agenda to the Regular Agenda by any Board Member making such request prior to a motion and vote.)

Motion by: Secretary Ann Snyder moved to approve the Consent Agenda. Second by: Director Carol Stromatt

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan ABSENT Secretary Ann Snyder YES Treasurer John Anthony Brown ABSENT Director Brian Boniface ABSENT Director Bruce Rieser YES Director Carol Stromatt YES

7. Receive, consider and act upon a briefing on The Woodlands Township Board of Directors officer nomination process;

REGULAR AGENDA

8. Receive, consider and act upon canvassing the returns and declaring the results of the Directors Election held within The Woodlands Township on November 6, 2018, and the adoption of an Order in connection therewith (Refer to Supplemental Agenda);

Assistant to the President of The Woodlands Township, Karen Dempsey shared the official returns of the November 6, 2018 Board of Directors Election. The following individuals were found and declared to have been elected as directors of The Woodlands Township Board of Directors:

Gordy Bunch- Position 1 Brian Boniface- Position 2 John Anthony Brown- Position 3 Bruce Rieser- Position 4

Motion by: Director Carol Stromatt moved to adopt the order canvassing the returns and declaring the

Board of Directors Special Board Meeting November 16, 2018 2

Motion by: Director Carol Stromatt moved to adopt the order canvassing the returns and declaring the results of the Board of Directors Election held within The Woodlands Township on November 6, 2018. Second by: Secretary Ann Snyder

CLOSED MEETING (if applicable)

9. 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; discuss IT network or critical infrastructure security pursuant to §551.089, Texas Government Code; and to consult with The Woodlands Township’s attorney pursuant to §551.071, Texas Government Code;

Chairman Bunch informed the Board that it would not be necessary to recess to executive session.

10. Reconvene in public session;

It was not necessary to reconvene in public session.

DISCUSS FUTURE AGENDA /ANNOUNCEMENTS

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

There were no items considered to be placed on the agenda for next month's meeting.

12. Board announcements; and

There were no Board announcements.

13. Adjournment.

Motion by: Director Bruce Rieser moved to adjourn the meeting at 9:11 A.M. Second by: Secretary Ann Snyder

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan ABSENT Secretary Ann Snyder YES Treasurer John Anthony Brown ABSENT Director Brian Boniface ABSENT Director Bruce Rieser YES

Board of Directors Special Board Meeting November 16, 2018 3

Director Carol Stromatt YES

______Ann Snyder Secretary, Board of Directors

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Ann Snyder Ann

Bruce Rieser Bruce

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John A. Brown A. John

Brian Boniface Brian

Carol Stromatt Carol John McMullan John 6. Consent Agenda. (7) Accept a briefing on The Woodlands Township Board of Directors officer nomination process. Y Y Y Y

8. Regular Agenda. Adopted the order canvassing the returns and declaring the results of the Directors Election held Y Y Y Y within The Woodlands Township on November 6, 2018.

THE WOODLANDS TOWNSHIP

Board of Directors Meeting

REGULAR BOARD MEETING

July 18, 2019

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 July 18, 2019, posted to begin at 6:00 p.m. The meeting was held in the Board Chambers at the office of The Woodlands Township, 2801 Technology Forest Boulevard, The Woodlands, Texas, within the boundaries of The Woodlands Township.

STANDARD ITEMS

1. Invocation / Pledge of Allegiance;

Texas State Representative Steve Toth provided the invocation. Chairman Gordy Bunch led the Pledge of Allegiance to the United States flag and Texas State flag.

2. Call meeting to order;

Chairman Gordy Bunch called the meeting to order at 6:03 P.M. and declared that notice of this meeting was posted 72 hours in advance inside the boundaries of The Woodlands Township at the office building located at 2801 Technology Forest Blvd., The Woodlands, Texas. The roll was then called of the duly elected members with three members absent. Present: Chairman Gordy Bunch; Treasurer John Anthony Brown; Director Bruce Rieser; Director Carol Stromatt Absent: Vice Chairman John McMullan; Secretary Ann Snyder; Director Brian Boniface Staff Don Norrell, Nick Wolda, Monique Sharp, John Powers, Alan Benson, Karen Dempsey, Susan Present: Welbes, Robin Cross 3. Receive, consider and act upon adoption of the meeting agenda;

Motion by: Director Carol Stromatt moved to adopt the meeting agenda. Second by: Director Bruce Rieser

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan ABSENT Secretary Ann Snyder ABSENT

Board of Directors Regular Board Meeting July 18, 2019 1

Treasurer John Anthony Brown YES Director Brian Boniface ABSENT Director Bruce Rieser YES Director Carol Stromatt YES

PROCLAMATIONS

4. Receive, consider and act upon proclamations;

There were no proclamations.

5. Recognize public officials;

The following public officials were in attendance: Texas State Representative Steve Toth

6. President / General Manager's Report;

a. 2019 Super Guard Competition Champions

President/General Manager of The Woodlands Township, Don Norrell shared that The Woodlands Township Lifeguards won first place in the 37th Annual Texas Super Guard Competition conducted by the Texas Pool Council, and congratulated the aquatics staff and guards for their achievements.

7. Public comment;

The following individuals provided public comment: Allen Fox- represented Houston Eco-Wash Commercial and Residential Bin Cleaning System, and shared information on their services to the Board. Kim Moayed- represented the American Foundation for Suicide Prevention, and shared information on ways to spread awareness on suicide prevention in The Woodlands.

CONSENT AGENDA

Motion by: Director Bruce Rieser moved to approve the Consent Agenda. Second by: Director Carol Stromatt

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan ABSENT Secretary Ann Snyder ABSENT Treasurer John Anthony Brown YES Director Brian Boniface ABSENT

Board of Directors Regular Board Meeting July 18, 2019 2

Director Bruce Rieser YES Director Carol Stromatt YES

a. Receive, consider and act upon the minutes from the June 20, 2019 Regular Board of Directors Meeting, the June 25, 2019 Special Planning Session Meeting, and the June 26, 2019 Regular Board of Directors Meeting for the Board of Directors for The Woodlands Township;

b. Receive, consider and act upon Administrative Reports for Community Services;

c. Receive, consider and act upon Administrative Reports for Law Enforcement and Community Policing;

d. Receive, consider and act upon Administrative Reports for Transportation (Park and Ride and Trolley System);

e. Receive, consider and act upon Administrative Reports for The Woodlands Fire Department;

f. Receive, consider and act upon an annual software payment for Microsoft Enterprise Licensing (C-2018-0380);

g. Receive, consider and act upon the federally-mandated three-year draft update to The Woodlands Township Disadvantaged Business Enterprise (DBE) goal setting, as required by 49 CFR Part 26;

h. Receive, consider and act upon an award of bid for Creekwood Park parking lot paving (C-2019-0261);

REGULAR AGENDA

9. Receive, consider and act upon Incorporation Planning Study matters (as requested by Chairman Bunch);

Note: There was no update to be given on the Incorporation Planning Study.

10. Receive, consider and act upon the addition of a Special Incorporation Planning Session Meeting;

Assistant to the President of The Woodlands Township, Karen Dempsey shared that The Novak Consulting Group noted that they would be prepared to return to the Board with representatives of HR Green in July to discuss infrastructure and public works at a July meeting, and a special Incorporation Planning Session has been proposed for Wednesday, July 24, 2019, for this purpose. Next, Ms. Dempsey shared a recommendation to move the Regular Meeting scheduled on July 24, 2019 to take place at 4 P.M., and schedule the special Incorporation Planning Session to begin at 6 P.M.

Motion by: Director Bruce Rieser moved to establish a Special Incorporation Planning Session to be held on Wednesday, July 24, 2019 at 6:00 P.M. Second by: Director Carol Stromatt

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan ABSENT Secretary Ann Snyder ABSENT Treasurer John Anthony Brown YES Director Brian Boniface ABSENT

Board of Directors Regular Board Meeting July 18, 2019 3

Director Bruce Rieser YES Director Carol Stromatt YES

11. Receive, consider and act upon signage for the designation of the George Mitchell Memorial Highway (as requested by Director Rieser);

Director Rieser and Texas State representative Steve Toth shared that Texas House Bill 2571, passed in the 2019 Legislative Session, designates a portion of Interstate 45 in Montgomery County from the Harris-Montgomery County line to State Highway 242 as the George P. Mitchell Memorial Highway, and shared that the bill was signed by Governor Greg Abbott and went into effect on June 10, 2019. Next, Representative Toth shared that per the Texas Transportation Code, TxDOT may not design, construct or erect a marker (for a highway designation) unless a grant of donation of funds is made to TxDOT to cover the cost. An estimated cost for two signs meeting state transportation standards is $23,199.95. Board discussion followed.

Motion by: Director Bruce Rieser moved to direct the Township to take the lead position on this joint community project and authorize the President/General Manager to execute a cost reimbursement agreement with TxDOT in an estimated amount of $24,000, and provide that supporting contributions received offset the project costs, with all funding partners being named in a press release announcing the installation of signs. Second by: Treasurer John Anthony Brown

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan ABSENT Secretary Ann Snyder ABSENT Treasurer John Anthony Brown YES Director Brian Boniface ABSENT Director Bruce Rieser YES Director Carol Stromatt YES

12. Receive, consider and act upon an update from the Drainage Task Force;

Chairman of the Drainage Task Force, Director Bruce Rieser shared that an Interlocal Agreement between The Woodlands Joint Powers Agency and the Harris County Flood Control District is currently being developed for the purpose of facilitating the execution of the Spring Creek Reservoir Feasibility Study. Board discussion followed.

Motion by: Director Carol Stromatt moved to receive and accept the report from the Drainage Task Force. Second by: Treasurer John Anthony Brown

Board of Directors Regular Board Meeting July 18, 2019 4

13. Receive, consider and act upon an update from the Development Standards Committee;

Walt Lisiewski, Chairman of the Development Standards Committee (DSC) provided an overview of activities of the DSC in the second quarter of 2019, which included 426 residential, commercial, and policy and procedure applications received, new standards for demolition, major remodels, new construction, drainage plans, and more. Next, Mr. Lisiewski shared an update on short term rental operations, and more. Board discussion followed.

Motion by: Director Carol Stromatt moved to receive and accept the report from the Development Standards Committee. Second by: Director Bruce Rieser

14. Receive, consider and act upon draft Origin-Destination Surveys for The Woodlands Express and Town Center Trolley;

Deputy Director of Transportation and Infrastructure, Ruthanne Haut provided an overview of the Origin-Destination Surveys for The Woodlands Express and the Town Center Trolley, and shared that the Township's transit consultant firm, HDR Engineering, Inc., will conduct the surveys in early Fall 2019. The results of these surveys will be presented to the Board in late third quarter or early fourth quarter 2019.

Motion by: Treasurer John Anthony Brown moved to approve the Origin-Destination Survey questionnaires for The Woodlands Express and Town Center Trolley and authorize HDR Engineering, Inc. to proceed with conducting the surveys. Second by: Director Carol Stromatt

CLOSED MEETING (if applicable)

15. Recess to Executive Session at 6:49 P.M. to discuss matters relating to real property pursuant to

Board of Directors Regular Board Meeting July 18, 2019 5

15. Recess to Executive Session at 6:49 P.M. 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; discuss IT network or critical infrastructure security pursuant to §551.089, Texas Government Code; and to consult with The Woodlands Township’s attorney pursuant to §551.071, Texas Government Code;

Chairman Bunch informed the Board that it would be necessary to recess to executive session.

16. Reconvene in public session at 7:34 P.M.;

Chairman Bunch shared that it would not be necessary to take action on matters discussed in executive session.

DISCUSS FUTURE AGENDA /ANNOUNCEMENTS

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

There were no items placed on the agenda to be considered for next month's meeting.

18. Board announcements; and

Director Bruce Rieser shared that Visit The Woodlands' Brand Development Manager, Ashley White was accepted into the Leadership of Montgomery County Program.

19. Adjournment.

moved to adjourn the meeting at 7:34 P.M.

______Ann Snyder Secretary, Board of Directors

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R=recuse

Ann Snyder Ann

Bruce Rieser Bruce

GordyBunch

John A. Brown A. John

Brian Boniface Brian

Carol Stromatt Carol John McMullan John 8. Consent Agenda. Approved the consent agenda (a-h); a. Approved the minutes from the June 20, 2019 Regular Board Y Y Y Y of Directors Meeting, the June 25, 2019 Special Planning Session Meeting, and the June 26, 2019 Regular Board of Directors Meeting for the Board of Directors for The Woodlands Township; b. Accepted the Administrative Reports for Community Services; c. Accepted the Administrative Reports for Law Enforcement and Community Policing; d. Accepted the Administrative Reports for Transportation (Park and Ride and Trolley System); e. Accepted the Administrative Reports for The Woodlands Fire Department; f. Authorized the President/General Manager to execute the annual software payment pursuant to the Microsoft Enterprise Agreement in the amount of $125,174.64; g. Received and Accepted the Township's federally required draft Disadvantaged Business Enterprise (DBE) policy update for USDOT grant-funded departments; h. Approved the award of bid for the Creekwood Park Parking Lot Renovation (C-2019-0261) to Pavecon Ltd in the amount of $108,449 and authorized the President/General Manager to execute a construction services agreement as approved by the Township Attorney.

10. Regular Agenda. Established a Special Incorporation Planning Session to be hold on Wednesday, July 24, 2019. Y Y Y Y

11. Approved the Township to take the lead position on this joint community project and authorized the Y Y Y Y President/General Manager to execute a cost reimbursement agreement with TxDOT in an estimated amount of $24,000, and provide that supporting contributions received offset the project costs, with all funding partners being named in a press release announcing the installation of signs. 12. Received and accepted an update from the Drainage Task Force. Y Y Y Y 13. Received an update from the Development Standards Committee. Y Y Y Y 14. Approved the Origin-Destination Survey questionnaires for The Woodlands Express and Town Center Trolley and Y Y Y Y authorized HDR to proceed with conducting the surveys. THE WOODLANDS TOWNSHIP

Board of Directors Meeting

REGULAR BOARD MEETING

July 24, 2019

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 July 24, 2019, posted to begin at 4:00 p.m. The meeting was held in the Board Chambers at the office of The Woodlands Township, 2801 Technology Forest Boulevard, The Woodlands, Texas, within the boundaries of The Woodlands Township.

STANDARD ITEMS

1. Invocation / Pledge of Allegiance;

Matthew Armatys of Boy Scout Troop 361 provided the invocation and led the Pledge of Allegiance to the United States flag and Texas State flag.

2. Call meeting to order;

Chairman Gordy Bunch called the meeting to order at 4:03 P.M. and declared that notice of this meeting was posted 72 hours in advance inside the boundaries of The Woodlands Township at the office building located at 2801 Technology Forest Blvd., The Woodlands, Texas. The roll was then called of the duly elected members with three members absent. Present: Chairman Gordy Bunch; Secretary Ann Snyder; Treasurer John Anthony Brown; Director Bruce Rieser; Director Carol Stromatt Absent: Vice Chairman John McMullan; Director Brian Boniface Staff Don Norrell, Nick Wolda, Monique Sharp, John Powers, Alan Benson, Karen Dempsey, Susan Present: Welbes, Robin Cross 3. Receive, consider and act upon adoption of the meeting agenda;

Note: Director Carol Stromatt arrived during this item at 4:05 P.M.

Motion by: Director Bruce Rieser moved to adopt the meeting agenda. Second by: Secretary Ann Snyder Passed: Chairman Gordy Bunch YES

Board of Directors Regular Board Meeting July 24, 2019 1 Vice Chairman John McMullan ABSENT Secretary Ann Snyder YES Treasurer John Anthony Brown YES Director Brian Boniface ABSENT Director Bruce Rieser YES Director Carol Stromatt YES

PROCLAMATIONS

4. Receive, consider and act upon proclamations;

a. Receive, consider and act upon a Proclamation recognizing August as Distracted Driving Month in The Woodlands, Texas;

Chairman Gordy Bunch read a proclamation promoting awareness and distracted driving education through the “Tech Free 4 Me” Driving Pledge and Village Challenge, and proclaimed August 2019 as Back to School and Distracted Driving Prevention Month in The Woodlands, Texas.

5. Recognize public officials;

The following public officials were in attendance: Larry Rogers- Lonestar Groundwater Conservation District Board Braden Deckard- Texas State Representative Steve Toth's Office

6. Public comment;

The following individuals provided public comment: Jayland Keeney- 7 Spring Basket; expressed his concerns on an Air BnB in Creekside Park. Robert Lesniewski- 226 Rockwell Park; expressed his concerns on the Rob Fleming Aquatic Center. Mike Bass- 143 N. Berryline Circle; expressed his concerns on aquifer levels and subsidence. Lindsey Gulden- 243 Hazelcrest Dr.; expressed her concerns on The Woodlands being a welcoming place, and political issues regarding racism.

7. Receive, consider and act upon reports from Village Association representatives;

The following Village Association (VA) representatives provided a report: Alden Bridge VA- President, Mary Ann Braid provided an update from the July ABVA meeting, at which they discussed traffic safety at intersections in Alden Bridge, and a received a Hurricane Preparedness briefing. The next ABVA meeting will include a presentation from the San Jacinto River Authority. Cochran's Crossing VA- President, Steve Perry shared that the CCVA participated in the 4th of July Parade, they have begun planning the CCVA Fall Festival, and Texas State Representative Steve Toth will be the guest speaker at the August 27, 2019 CCVA meeting. Creekside Park VA- President, Nancy Becker shared that a Little Free Library has opened next to Creekside Forest Elementary, and expressed the Creekside Park VA's concerns on the Rob Fleming Aquatic Center.

Board of Directors Regular Board Meeting July 24, 2019 2 Motion by: Director Carol Stromatt moved to receive the reports from the Village Association representatives. Second by: Secretary Ann Snyder Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan ABSENT Secretary Ann Snyder YES Treasurer John Anthony Brown YES Director Brian Boniface ABSENT Director Bruce Rieser YES Director Carol Stromatt YES

CONSENT AGENDA

Motion by: Director Bruce Rieser moved to approve the Consent Agenda as amended: moved Consent Agenda #8F to the Regular Agenda Second by: Director Carol Stromatt Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan ABSENT Secretary Ann Snyder YES Treasurer John Anthony Brown YES Director Brian Boniface ABSENT Director Bruce Rieser YES Director Carol Stromatt YES

a. Receive, consider and act upon the 2019/2020 Anticipated Debt Service Collection Rate and the 2018 Excess Debt Service Tax Collections Report, as certified by the Montgomery County Tax Assessor/Collector;

b. Receive, consider and act upon Resolution Number 011-19 pertaining to casting votes for the Montgomery Central Appraisal District Special District candidate to be placed on a county-wide ballot for the Board of Directors of the Montgomery Central Appraisal District;

c. Receive, consider and act upon approving and authorizing execution of an Election Services Agreement with Harris County, Texas (C-2019-0370);

d. Receive, consider and act upon approving and authorizing execution of an Election Services Agreement with Montgomery County, Texas (C-2019-0371);

e. Receive, consider and act upon approving and authorizing execution of a Joint Election Agreement

Board of Directors Regular Board Meeting July 24, 2019 3

e. Receive, consider and act upon approving and authorizing execution of a Joint Election Agreement with Montgomery County, Texas and possibly other jurisdictions in Montgomery County, Texas (C-2019-0369);

f. Receive, consider and act upon accepting a conveyance of 1.034 acres out of a portion of Research Forest Section 14, Restricted Reserve “A” (P-2019-0372);

Assistant General Manager of Community Services, John Powers shared information on a 1.034 acre tract of land for conveyance to The Woodlands Township, which serves as the open space buffer between the Alight development and the neighborhood of Founder's Reserve. Board discussion followed.

Motion by: Treasurer John Anthony Brown moved to accept the conveyance of 1.034 acres out of a portion of The Woodlands Research Forest Section 14, Restricted Reserve "A". Second by: Secretary Ann Snyder

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan ABSENT Secretary Ann Snyder YES Treasurer John Anthony Brown YES Director Brian Boniface ABSENT Director Bruce Rieser YES Director Carol Stromatt YES

g. Receive, consider and act upon accepting a conveyance of 0.461 acres in Hughes Landing commonly known as the Botanical Gardens (P-2019-0373);

REGULAR AGENDA

9. Receive, consider and act upon Incorporation Planning Study matters (as requested by Chairman Bunch);

Note: Discussion on this item was deferred to the Board Planning Session scheduled at 6:00 P.M.

10. Receive, consider and act upon a quarterly update on Law Enforcement;

The Board received updates on community policing for the second quarter of 2019 from Captain Tim Holifield of the Montgomery County Sheriff's Office District 6, Sergeant Mike Ruby of the Precinct 4 Harris County Constable's Office, and Children's Safe Harbor and Internet Crimes Against Children updates from Detective Sean Bridges of the Precinct 3 Montgomery County Constable's Office. Board discussion followed.

Motion by: Director Bruce Rieser moved to receive and accept the quarterly update on Law Enforcement. Second by: Director Carol Stromatt

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan ABSENT Secretary Ann Snyder YES

Board of Directors Regular Board Meeting July 24, 2019 4

Treasurer John Anthony Brown YES Director Brian Boniface ABSENT Director Bruce Rieser YES Director Carol Stromatt YES

11. Receive, consider and act upon a presentation from the Harris Galveston Subsidence District regarding activities of the District and recent subsidence data in the region;

Mike Turco of the Harris-Galveston Subsidence District (HGSD) shared information on subsidence, which included groundwater regulation efforts to stop subsidence, population projections for future regulatory plans, alternative water conversions, and more. Next, Mr. Turco shared information on an annual Groundwater Report, which included groundwater withdrawals and total water demand, groundwater levels in various aquifers, and compaction measurements. Board discussion followed.

Motion by: Treasurer John Anthony Brown moved to accept the report from the Harris-Galveston Subsidence District. Second by: Secretary Ann Snyder

12. Receive, consider and act upon calling Directors Election to be held on November 5, 2019 and determining procedure of giving notice of same (with Supplemental Agenda for Adoption of Order Calling Elections);

Assistant to the President of The Woodlands Township, Karen Dempsey shared information on an Order Calling for Directors Election.

Motion by: Director Carol Stromatt moved to adopt the form of Order Calling Directors Election which, consistent with past practice, specifies that notice of the election will be given by posting, and designates the President/General Manager as the Township's Election Agent. Second by: Director Bruce Rieser

13. Receive, consider and act upon a quarterly update from Visit The Woodlands (Convention &

Board of Directors Regular Board Meeting July 24, 2019 5

13. Receive, consider and act upon a quarterly update from Visit The Woodlands (Convention & Visitors Bureau);

President of Visit The Woodlands, Nick Wolda provided information on the Hotel Occupancy Tax Collections, and shared a revenue projection of $9.6 million for 2019. Next, Mr. Wolda shared an overview of activities for the second quarter of 2019, which included various sales highlights, such as Connect FAM Complete, Cvent Connect, and more. Next, Mr. Wolda shared information on the Public Relations, advertising, and marketing and tourism activities of Visit The Woodlands.

Motion by: Director Bruce Rieser moved to receive the quarterly report from Visit The Woodlands. Second by: Secretary Ann Snyder

14. Receive, consider and act upon the financial report;

Assistant General Manager of Finance and Administration, Monique Sharp provided an overview of the General Purpose Statements for the six months ended June 30, 2019. The report reflected a favorable revenue variance of $362,000, and a favorable expenditure variance of $4 million.

Motion by: Secretary Ann Snyder moved to accept the financial report for the six months ended June 30, 2019. Second by: Director Carol Stromatt

CLOSED MEETING (if applicable)

Note: The Board recessed the meeting at 5:53 P.M. and reconvened the meeting at 7:39 P.M. prior to this agenda item. Note: Vice Chairman McMullan arrived at 6:00 P.M.

15. Recess to Executive Session at 7:39 P.M. to discuss matters relating to real property pursuant to

Board of Directors Regular Board Meeting July 24, 2019 6 15. Recess to Executive Session at 7:39 P.M. 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; discuss IT network or critical infrastructure security pursuant to §551.089, Texas Government Code; and to consult with The Woodlands Township’s attorney pursuant to §551.071, Texas Government Code;

Chairman Bunch informed the Board that it would be necessary to recess to executive session.

16. Reconvene in public session at 8:18 P.M.;

Chairman Bunch shared that it would be necessary to take action on matters discussed in executive session.

17. Receive, consider and act upon a First Amendment to 20 Waterway License Agreement (C-2009-4147A);

Motion by: Secretary Ann Snyder moved to approve the First Amendment to the 20 Waterway License Agreement as presented herein and authorize the President/General Manager to execute the agreement as approved to final form by the Township Attorney. Second by: Director Carol Stromatt Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan ABSENT Secretary Ann Snyder YES Treasurer John Anthony Brown YES Director Brian Boniface ABSENT Director Bruce Rieser ABSENT Director Carol Stromatt YES

DISCUSS FUTURE AGENDA /ANNOUNCEMENTS

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

A special Board of Directors Meeting was requested to be scheduled regarding the Rob Fleming Aquatic Center, and agenda items for an update from the Montgomery County Suicide Awareness Committee, and an update on subsidence from the Lonestar Groundwater Conservation District were requested to be placed on the agenda for next month's meeting.

19. Board announcements; and

There were no Board announcements.

20. Adjournment.

Motion by: Treasurer John Anthony Brown moved to adjourn the meeting at 8:21 P.M. Second by: Director Carol Stromatt Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan YES

Board of Directors Regular Board Meeting July 24, 2019 7

Secretary Ann Snyder YES Treasurer John Anthony Brown YES Director Brian Boniface ABSENT Director Bruce Rieser ABSENT Director Carol Stromatt YES

______Ann Snyder Secretary, Board of Directors

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Ann Snyder Ann

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Carol Stromatt Carol John McMullan John 8. Consent Agenda. Approved the consent agenda (a-e, g); a. Accepted the report regarding a 2019/2020 Anticipated Y Y Y Y Y Debt Service Collection Rate of 100% and 2018 Excess Debt Service Tax Collections of $0.00, as certified by the Montgomery County Tax Assessor/Collector; b. Authorized Resolution 011-19, casting votes for Special District candidate Peggy Hausman, and authorized the Chairman to sign the official ballot; c. Authorized the President/General Manager to approve and execute the Election Services Agreement with Harris County upon receipt and staff’s and legal counsel’s determination that the terms of the agreement are substantially similar to last year’s form of agreement; d. Authorized the President/General Manager to approve and execute the Election Services Agreement with Montgomery County; e. Authorized the President/General Manager to approve and execute the Joint Election Agreement with Montgomery County, Texas; g. Accepted the conveyance by Special Warranty Deeds and the related conveyance documents as presented for portions of Unrestricted Reserve "A", Block 1, Metro Center Section 74 and Unrestricted Reserve "A", Block 1, Metro Center Section 75.

8f. Regular Agenda. Accepted the conveyance of 1.034 acres out of a portion of The Woodlands Research Forest Section Y Y Y Y Y 14, Restricted Reserve "A". 10. Received and accepted the quarterly update on law enforcement. Y Y Y Y Y 11. Accepted the report from the Harris-Galveston Subsidence District. Y Y Y Y Y 12. Adopted the form of Order Calling for Directors Election which, consistent with past practice, specifies that notice of Y Y Y Y Y the election will be given by posting, and designates the President/General Manager as the Township’s Election Agent.

13. Received and approved the Visit The Woodlands (CVB) Quarterly Report. Y Y Y Y Y 14. Accepted the financial report for the six months ended June 30, 2019. Y Y Y Y Y

THE WOODLANDS TOWNSHIP

Board of Directors Meeting

BOARD PLANNING SESSION

July 24, 2019

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 July 24, 2019, posted to begin at 6:00 p.m. The meeting was held in the Board Chambers at the office of The Woodlands Township, 2801 Technology Forest Boulevard, The Woodlands, Texas, within the boundaries of The Woodlands Township.

STANDARD ITEMS

1. Invocation / Pledge of Allegiance;

Boy Scout Troop 890 and 89 led the Pledge of Allegiance to the United States flag and Texas State flag.

2. Call meeting to order;

Chairman Gordy Bunch called the meeting to order at 6:12 P.M. and declared that notice of this meeting was posted 72 hours in advance inside the boundaries of The Woodlands Township at the office building located at 2801 Technology Forest Blvd., The Woodlands, Texas. The roll was then called of the duly elected members with one member absent. Present: Chairman Gordy Bunch; Vice Chairman John McMullan; Secretary Ann Snyder; Treasurer John Anthony Brown; Director Bruce Rieser; Director Carol Stromatt Absent: Director Brian Boniface Staff Don Norrell, Nick Wolda, Monique Sharp, John Powers, Alan Benson, Karen Dempsey, Susan Present: Welbes, Robin Cross 3. Receive, consider and act upon adoption of the meeting agenda;

Motion by: Secretary Ann Snyder moved to adopt the meeting agenda. Second by: Director Carol Stromatt

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan YES Secretary Ann Snyder YES Treasurer John Anthony Brown YES

Board of Directors Board Planning Session July 24, 2019 1

Director Brian Boniface ABSENT Director Bruce Rieser YES Director Carol Stromatt YES

4. Recognize public officials;

There were no public officials in attendance.

5. Public comment;

The following individuals provided public comment: Steve Leakey- 38 Courtland Green St.; shared information on House Bill 347 prohibiting annexation. Claude Hunter- 2 Townsend Place; expressed his concerns on incorporation. Mike Bass- 143 N. Berryline Circle; expressed his concerns on the proposed Woodlands Parkway extension.

CONSENT AGENDA

There were no items on the Consent Agenda.

REGULAR AGENDA

7. Receive, consider and act upon matters regarding the Incorporation Planning Study (C-2017-0433 & C-2018-0138A);

a. Review of Infrastructure Maintenance Costs (capital and operating)

George Wentz of HR Green shared information on the Pavement Management Capital Improvement Plan (CIP), and shared statistics of existing concrete and asphalt conditions in The Woodlands. HR Green shared that the current Pavement Management Plan reflects a remaining life span of 60 years, and shared information on a 5 year CIP to maintain these roads. Board discussion followed.

b. Review of Public Works Department Options

George Wentz of HR Green shared information on Public Works contracting options, which included in house, maintaining a contract with Montgomery County, and hiring Private Contractors.

c. Review of Municipal Utility Districts

George Wentz of HR Green shared an overview of options for the Municipal Utility Districts (MUDs), which included the City absorbing the MUDs upon incorporation, or the City integrating the MUDs over time to help mitigate tax rate balancing issues. Mr. Wentz shared that another option is to have the current model remain in place and purse intergovernmental agreements with the MUDs. Board

Board of Directors Board Planning Session July 24, 2019 2

discussion followed.

d. Discussion on Incorporation Decision Timeline

Julia Novak shared an overview of the upcoming decision timeline, which included Board decisions on legal/policy, infrastructure, and Public Works and Municipal Utility Districts at the September 25, 2019 Incorporation Planning Session, Law Enforcement Options in October 2019, determining the initial maximum tax rate at the December 11, 2019 Incorporation Planning Session, a community meeting, survey, or poll in the first quarter of 2020, and a decision on calling for an Incorporation Election in May 2020.

e. Discussion of community outreach and recently added questions submitted through the study website

Julia Novak shared information on the incorporation study website, which included 300 visits over the last month, and 54 registered individuals.

f. Discussion of Upcoming Schedule

Note: Julia Novak shared information on the upcoming schedule during the Incorporation Decision timeline discussion.

Motion by: Secretary Ann Snyder moved to accept the presentations from The Novak Consulting Group and HR Green. Second by: Director Carol Stromatt

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan YES Secretary Ann Snyder YES Treasurer John Anthony Brown YES Director Brian Boniface ABSENT Director Bruce Rieser YES Director Carol Stromatt YES

8. Public comment;

The following individuals provided public comment: Mike Bass- 143 N. Berryline Circle; expressed his concerns on the MUDs upon incorporation. Enrique Rosero- 243 Hazelcrest Dr.; requested that the Board consider a 10% homestead exemption during the Board Budget Workshops. Mark Unland- 143 Quiet Oak Circle; expressed his support for the absorption of the Municipal Utility Districts upon incorporation. Gary Giles- 94 S. Tranquil Path; asked questions related to MUD taxation upon incorporation. Steve Leakey- 38 Courtland Green St.; requested that additional materials be posted online prior to the next Incorporation Planning Session.

CLOSED MEETING (if applicable)

9. Recess to Executive Session to discuss matters relating to real property pursuant to §551.072, Texas

Board of Directors Board Planning Session July 24, 2019 3

Chairman Bunch shared that it was not necessary to recess to executive session.

10. Reconvene in public session;

It was not necessary to reconvene in public session.

DISCUSS FUTURE AGENDA /ANNOUNCEMENTS

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

There were no items considered to be placed on the agenda for next month's meeting.

12. Board announcements; and

There were no Board announcements.

13. Adjournment.

Motion by: Treasurer John Anthony Brown moved to adjourn the meeting at 7:38 P.M. Second by: Director Carol Stromatt

______Ann Snyder Secretary, Board of Directors

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Carol Stromatt Carol John McMullan John 7. Regular Agenda. Accepted the presentations from The Novak Consulting Group and HR Green. Y Y Y Y Y Y

THE WOODLANDS TOWNSHIP

Board of Directors Meeting

SPECIAL BOARD MEETING

July 31, 2019

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 July 31, 2019, posted to begin at 6:00 p.m. The meeting was held in the Board Chambers at the office of The Woodlands Township, 2801 Technology Forest Boulevard, The Woodlands, Texas, within the boundaries of The Woodlands Township.

STANDARD ITEMS

1. Invocation / Pledge of Allegiance;

Chairman Gordy Bunch led the Pledge of Allegiance to the United States flag and Texas State flag.

2. Call meeting to order;

Chairman Gordy Bunch called the meeting to order at 6:00 P.M. and declared that notice of this meeting was posted 72 hours in advance inside the boundaries of The Woodlands Township at the office building located at 2801 Technology Forest Blvd., The Woodlands, Texas. The roll was then called of the duly elected members with two members absent. Present: Chairman Gordy Bunch; Secretary Ann Snyder; Treasurer John Anthony Brown; Director Brian Boniface; Director Carol Stromatt Absent: Vice Chairman John McMullan; Director Bruce Rieser Staff Don Norrell, Nick Wolda, Monique Sharp, John Powers, Alan Benson, Karen Dempsey, Susan Present: Welbes, Robin Cross 3. Receive, consider and act upon adoption of the meeting agenda;

Motion by: Secretary Ann Snyder moved to adopt the meeting agenda. Second by: Director Carol Stromatt

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan ABSENT Secretary Ann Snyder YES Treasurer John Anthony Brown YES

Board of Directors Special Board Meeting July 31, 2019 1

Director Brian Boniface YES Director Bruce Rieser ABSENT Director Carol Stromatt YES

4. Recognize public officials;

The following individuals were in attendance: Charles Abell- Village Association of Creekside Park Board Member

5. Public comment;

The following individuals provided public comment: Adria Keeney- 7 Spring Basket Trail; expressed her concerns on the Rob Fleming Aquatic Center. Charles Abell- 3 Tallgrass Way; expressed his concerns on the Rob Fleming Aquatic Center, and requested a financial analysis on revenue received from residents vs. non-residents. Kristen Hanlin- 134 Bitterwood Circle; expressed her concerns on the Rob Fleming Aquatic Center. Amy Loyacarp- 10 S. Cypress Pine; expressed her concerns on the Rob Fleming Aquatic Center. Jayland Keeney- 7 Spring Basket Trail; expressed his concerns on the Rob Fleming Aquatic Center, and requested the pool to be open to residents only for a period of time each day. Bob Lesnewski- 226 Rockwell Park Blvd.; expressed his concerns on the Rob Fleming Aquatic Center. Glafira Sundararajan- 3 Valley Cottage Pl.; expressed her concerns on the Rob Fleming Aquatic Center. Kristen Burton- 6 Bitterwood Circle; expressed her concerns on the Rob Fleming Aquatic Center, and asked questions related to limiting day passes for non-residents. Ron Kettler- 51 Pondera Point; expressed his concerns on the Rob Fleming Aquatic Center, and thanked the Board for their efforts on this matter.

CONSENT AGENDA

There were no items on the Consent Agenda.

REGULAR AGENDA

7. Receive, consider and act upon matters regarding Rob Fleming Aquatic Center operations;

Director of Parks and Recreation, Dr. Chris Nunes provided an overview of the Township's Aquatics structure, and shared information on attendance at the Rob Fleming Aquatic Center, pool use by day passes and annual passes, pool rules, the financial impact of Rob Fleming pool passes, and operations. Next, Dr. Nunes shared options for consideration by the Board, which included increasing the Rob Fleming Aquatic Center's fee structure and operational adjustments. Dr. Nunes noted that if the Board desires to adjust pool fees, the Board would be required to conduct a Public Hearing to amend Order

Board of Directors Special Board Meeting July 31, 2019 2

020-09 and consider a new fee structure. Next, Board discussion followed, and resident concerns were addressed.

Motion by: Secretary Ann Snyder moved to direct staff to schedule a Public Hearing for the week of August 5, 2019 regarding proposed amendments to Township Order No. 020-09 regarding Pool Fees. Second by: Director Brian Boniface

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan ABSENT Secretary Ann Snyder YES Treasurer John Anthony Brown YES Director Brian Boniface YES Director Bruce Rieser ABSENT Director Carol Stromatt YES

CLOSED MEETING (if applicable)

8. Recess to Executive Session at 7:46 P.M. 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; discuss IT network or critical infrastructure security pursuant to §551.089, Texas Government Code; and to consult with The Woodlands Township’s attorney pursuant to §551.071, Texas Government Code;

Chairman Bunch shared that it would be necessary to recess to executive session.

9. Reconvene in public session at 7:56 P.M.;

Chairman Bunch shared that it would be necessary to take action on matters discussed in executive session.

10. Receive, consider and act upon a Covenant Enforcement settlement agreement;

Motion by: Director Brian Boniface moved to approve and authorize the President/General Manager of The Woodlands Township to execute and deliver a final written Settlement Agreement formalizing the settlement on a form mutually acceptable to the President and General Manager and legal counsel on terms as generally outlined in the Rule 11 Agreement of record in the subject case. Second by: Director Carol Stromatt

DISCUSS FUTURE AGENDA /ANNOUNCEMENTS

Board of Directors Special Board Meeting July 31, 2019 3

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

There were no items considered to be placed on the agenda for next month's meeting.

12. Board announcements; and

There were no Board announcements.

13. Adjournment.

Motion by: Secretary Ann Snyder moved to adjourn the meeting at 7:57 P.M. Second by: Director Carol Stromatt

______Ann Snyder Secretary, Board of Directors

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Ann Snyder Ann

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Carol Stromatt Carol John McMullan John 7. Regular Agenda. Directred staff to schedule a Public Hearing for the week of August 5, 2019 regarding proposed Y Y Y Y Y amendments to Township Order No. 020-09 regarding Pool Fees. 10. Approved and authorized the President/General Manager of The Woodlands Township to execute and deliver a final Y Y Y Y Y written Settlement Agreement formalizing the settlement on a form mutually acceptable to the President/General Manager and legal counsel on terms as generally outlined in the Rule 11 Agreement of record in the subject case.

THE WOODLANDS TOWNSHIP

Board of Directors Meeting

SPECIAL BOARD MEETING

August 5, 2019

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 August 5, 2019, posted to begin at 6:00 p.m. The meeting was held in the Board Chambers at the office of The Woodlands Township, 2801 Technology Forest Boulevard, The Woodlands, Texas, within the boundaries of The Woodlands Township.

STANDARD ITEMS

1. Invocation / Pledge of Allegiance;

Chairman Gordy Bunch led the Pledge of Allegiance to the United States flag and Texas State flag.

2. Call meeting to order;

Chairman Bunch called the meeting to order at 6:01 P.M. and declared that notice of this meeting was posted 72 hours in advance inside the boundaries of The Woodlands Township at the office building located at 2801 Technology Forest Blvd., The Woodlands, Texas. The roll was then called of the duly elected members with two members absent. Present: Chairman Gordy Bunch; Vice Chairman John McMullan; Secretary Ann Snyder; Treasurer John Anthony Brown; Director Brian Boniface; Director Carol Stromatt Absent: Director Bruce Rieser Staff Don Norrell, Nick Wolda, Monique Sharp, John Powers, Alan Benson, Karen Dempsey, Susan Present: Welbes, Robin Cross 3. Receive, consider and act upon adoption of the meeting agenda;

Motion by: Secretary Ann Snyder moved to adopt the meeting agenda. Second by: Treasurer John Anthony Brown

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan YES Secretary Ann Snyder YES Treasurer John Anthony Brown YES

Board of Directors Special Board Meeting August 5, 2019 1

Director Brian Boniface YES Director Bruce Rieser ABSENT Director Carol Stromatt ABSENT

4. Recognize public officials;

There were no public officials in attendance.

5. Public comment;

Note: Director Carol Stromatt arrived during this item at 6:05 P.M.

The following individuals provided public comment: Lindsey Gulden- 243 Hazelcrest; expressed her concerns on political issues regarding racism, and requested leadership from the Board to stand up against acts of hatred. Jason Rocha- represented The Woodlands PRIDE, and requested a Park Fee Waiver for The Woodlands PRIDE Festival. David Cassidy- 23 Quiet Oak Circle; expressed his concerns on pool safety/capacity at the Rob Fleming Aquatic Center, and expressed his support for raising prices for this pool.

REGULAR AGENDA

6. Recess the regular meeting of the Board of Directors at 6:13 P.M.;

Chairman Bunch shared that it would be necessary to recess to a public hearing.

7. PUBLIC HEARING: Convene and conduct a Public Hearing regarding proposed amendments to Township Order No. 020-09 regarding Pool Fees;

The following individuals provided public comment on this item: Glafira Sundararajan- asked questions related to resident's taxes related to the pools. Mike Becker- expressed his concerns on the Rob Fleming Aquatic Center. Jason Rocha- shared a suggestion to wait to amend the fee structure until next year's pool season begins. Nancy Becker- expressed her concerns on the Rob Fleming Aquatic Center, and requested the Board take action on this item.

Note: Following the public hearing, Board discussion regarding proposed amendments to Township Order No. 020-09 took place during this agenda item.

Assistant General Manager of Community Services, John Powers provided an overview of the proposed amendments to Township Order No. 020-09 regarding pool fees, which included removing non-resident punch cards for the Rob Fleming Aquatic Center, and establishing a non-resident Day Pass Pool Fee of $20 from Monday-Thursday, and $30 for Friday-Sunday, and Holidays for the Rob Fleming Aquatic Center. No changes to resident pool fees were proposed.

Board discussion followed, and the Board proposed to change the daily fees for the Rob Fleming Aquatic Center from Friday through Sunday and Holidays to $15 for residents, and $30 for all non-residents. Next, the Board proposed to keep the fee of $10 for residents, and raise the fee to $20

Board of Directors Special Board Meeting August 5, 2019 2

for non-residents for weekday visits to the Rob Fleming Aquatic Center from Tuesday through Thursday. Also, the Board proposed to keep the fee of $6 for residents, and raise the fee to $12 for non-residents for the daily passes for the 13 village pools.

Note: Action on this discussion was taken during Regular Agenda Item #9.

8. Reconvene the regular meeting of the Board of Directors at 7:16 P.M.;

9. Receive, consider and act upon proposed amendments to Township Order No. 020-09 regarding pool fees;

Motion by: Chairman Gordy Bunch moved to adopt the amendments to Township Order 020-09, and change the daily fees for the Rob Fleming Aquatic Center from Friday through Sunday and Holidays to $15 for residents, and $30 for all non-residents, keep the fee of $10 for residents, and raise the fee to $20 for non-residents for the Rob Fleming Aquatic Center from Tuesday through Thursday, and keep the fee of $6 for residents, and raise the fee to $12 for non-residents for the daily passes for the 13 village pools. Second by: Director Brian Boniface

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan NO Secretary Ann Snyder YES Treasurer John Anthony Brown YES Director Brian Boniface YES Director Bruce Rieser ABSENT Director Carol Stromatt YES

CLOSED MEETING (if applicable)

10. 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; discuss IT network or critical infrastructure security pursuant to §551.089, Texas Government Code; and to consult with The Woodlands Township’s attorney pursuant to §551.071, Texas Government Code;

Chairman Bunch shared that it would not be necessary to recess to executive session.

11. Reconvene in public session;

It was not necessary to reconvene in public session.

DISCUSS FUTURE AGENDA/ANNOUNCEMENTS

12. Consideration of items ot be placed on the agenda for next month's meeting;

There were no items considered to be placed on the agenda for next month's meeting.

13. Board announcements; and

Board of Directors Special Board Meeting August 5, 2019 3

13. Board announcements; and

There were no Board announcements.

14. Adjournment.

Motion by: Secretary Ann Snyder moved to adjourn the meeting at 7:19 P.M. Second by: Director Carol Stromatt

Passed: Chairman Gordy Bunch YES Vice Chairman John McMullan YES Secretary Ann Snyder YES Treasurer John Anthony Brown YES Director Brian Boniface YES Director Bruce Rieser ABSENT Director Carol Stromatt YES

______Ann Snyder Secretary, Board of Directors

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Ann Snyder Ann

Bruce Rieser Bruce

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Carol Stromatt Carol John McMullan John 9. Regular Agenda. Adopted the amendments to Township Order No. 020-09, as presented. Y N Y Y Y Y

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon Administrative Reports for Community Services;

FISCAL IMPACT: BACKGROUND: RECOMMENDATION: Accept the report.

Attachments Community Services Administrative Report - August 2019 The Woodlands Township

The Woodlands, Tx.

ADMINISTRATIVE REPORT – COMMUNITY SERVICES August 22, 2019

• To kick-off National Night Out, the Annual Boots vs. Badges Softball Game was held at McCullough Jr. High, Scotland Yard Fields on August 10. The Montgomery County Sheriff’s Office took the trophy winning 26 to 20 taking the lead in the series against The Woodlands Fire Department that began in 2012. The trophy was provided by Honor Trophies. The free event, produced by Neighborhood Watch, provides an opportunity for the community to cheer on our local law enforcement and public safety personnel. http://www.thewoodlandstownship- tx.gov/DocumentCenter/View/12437/Boots-vs-Badges-Softball-Game-Flier?bidId=

• Neighborhood Watch in partnership with The Woodlands Fire Department will conduct a Car Seat Check on September 5 from 9 a.m. to noon at Central Fire Station. Certified technicians for Safe Kids and Texas Children’s Hospitals will be on hand to check the installation of children’s car seats. The free service is a National Night Out program event. http://www.thewoodlandstownship-tx.gov/calendar.aspx?eid=7399 and www.mocokids.org to schedule.

• A free “Volunteer Training Event: Invasive Species Task Force” hosted by The Woodlands Township Environmental Services Department with support from the Invaders of Texas Program at the Lady Bird Johnson Wildflower Center was held August 10. The workshop trained 43 volunteers to accurately identify and remove invasive plant species. The training focused on the plant species of local concern such as air potato vine, Chinese privet, and Japanese climbing fern. Attendees were taught how to locate, monitor and remove this destructive vegetation from green belts and pathways. http://www.thewoodlandstownship-tx.gov/civicalerts.aspx?aid=2785

• Congratulations to The Woodlands Township lifeguard team for their 1st place win at the 2019 Super Guard Regional Competition in College Station on July 8 and 1st place at the Gulf Coast Guard Games on July 22. Super Guard and the Gulf Coast Guard Games are regional lifeguard competitions that require lifeguards to react to simulated scenarios where a team must work together to identify the challenge and any danger it may present to those in the area. The teams are judged on accurately identifying and appropriately responding to the situation. The Township’s lifeguards are an exceptional group who strive daily to keep residents and visitors safe at all the community pools. http://www.thewoodlandstownship-tx.gov/civicalerts.aspx?aid=2793

• The Woodlands Township will celebrate Labor Day Weekend at Waterway Square, on Sunday, September 1, from 5 p.m. to 9 p.m. The event will take place at The Fountains at Waterway Square and will have live music, children’s activities, strolling entertainers, Pie Eating Contests and weather permitting a fireworks display. Yelba will perform live music beginning at 5:05 p.m. The event is produced by the Parks and Recreation Department and sponsored by The Howard Hughes Corporation. http://www.thewoodlandstownship-tx.gov/calendar.aspx?eid=6952

• The Drainage Task Force, chaired by Director Bruce Reiser, is scheduled to meet on August 27 at 3:30 p.m. at Town Hall. The Meeting Summaries are posted on the Township web site. www.thewoodlandstownship- tx.gov/170/Boards-and-Committees

• The Texas Water Development Board solicited comments on the new state and regional flood planning process and the new flood financing program, both established during the 2019 legislative session. The Texas Water Development Board hosted a series of public meetings prior to the required rulemaking process to help ensure the new programs meet the needs of Texas communities. The flood planning program will result in regional flood plans in 2023 and the first state flood plan in September 2024. Intended to make drainage and flood projects more affordable for Texas communities, the flood financing program will be funded through a $793 million transfer from the Rainy Day Fund and will become available in 2020. Meetings were held from Tuesday, August 6, to Thursday, August 15, at various locations across the state. For more information go to the following website. http://www.twdb.texas.gov/home/tabs/doc/hot/Flood_Stakeholder_Workshops_Schedule.pdf?d=1564443329785 • H-GAC recently released Regional Crash Data, an interactive application that displays crash data for the H-GAC 8- County Transportation Management Area. The Crash Data Dashboard allows users to create instant reports with customized filters, including year, month, day of week, hours, and various geographies. It also provides injury information by type of injuries and types of persons, including motorist, pedestrian, and cyclist. The Crash Data Viewer provides in-depth and detailed crash location information and allows users to summarize crashes and persons by motorist, pedestrian, and cyclist with a user-defined location. It also allows users to identify crash hot spots using grid-level crash density maps for all-type crashes, fatality crashes, motorist crashes, pedestrian crashes, and cyclist crashes. The application is available https://datalab.h gac.com/crash/

• The Harris County Office of Homeland Security & Emergency Management (HCOHSEM) has released its 2018 Annual Report. The report summarizes HCOHSEM’s challenges, operations and key accomplishments. Last year, Harris County activated its Emergency Operation Center 19 times, seven of those for severe weather. It was also one of the busiest years on record for outreach activities and exercises. HCOHSEM took part in more than 400 outreach events and presentations; and participated in more than 100 exercises and drills. The 2018 Annual Report is available at bit.ly/2018ReadyHarrisAnnualReport.

• Harris County Engineering Department has mailed flyers and notified residents of the Township in Harris County of the county’s Residential Permitting Requirements. All residential development and property improvements require a permit and properties located in the Special Flood Hazard Area must comply with certain requirements to comply with the Harris County Regulations. Permitting by Harris County is in addition to permitting by The Woodlands Township Covenant Administration – DSC. http://www.eng.hctx.net/permits

• For the month of July 2019, the Covenant Administration Department: o Processed 502 property improvement applications . 449 Residential . 53 Commercial o 96 items were considered by the Residential Design Review Committees (RDRC) o 76 items were considered by Development Standard Committee (DSC) o 830 violations notices were issued o 9 property maintenance liens were filed o 2 property maintenance liens were released

• The Development Standards Committee (DSC) conducted a public forum on July 24 at Town Hall to allow comment from interested parties regarding the proposed revisions to the Residential Development Standards. The committee reviewed the public input at their meeting on August 7 and indicates consideration to adopt the revisions will occur on August 21. http://www.thewoodlandstownship-tx.gov/DocumentCenter/View/4042/2015-Standards-Final- document?bidId=

• JD Warmack Woodlands LP is constructing Building 9 and Parking Garage F on the corner of Technology Forest and Lakeside Blvd. in the Research Forest Lakeside development. The 6 story Class A office building will have 139,404 square feet and is expected to be completed in 2020. http://www.researchforestlakeside.com/

• Moviehouse & Eatery located in Creekside Park Village Center West will have 11 screens food and beverage, luxury reserved recliners, full bar, and scratch kitchen and is on schedule to open this winter. The dine-in theatre will anchor Creekside Park West. Creekside Park West will include new retailers and restaurants with an outdoor patio and a gathering courtyard, complete with outdoor fountain seating within a 12-acre setting in Creekside Park Village Center.

• Work on the repairs to the Fountains at Waterway Square continues. Voids 8 to 9 inches deep underneath the top pool by the main staircase were discovered that required over 4, 000 lbs. of soil stabilization material to fill the voids and seal the underside of the pool. If tests confirm there are no leaks in the pool, the electronics can be installed. All other electrical work and plumbing is 90% complete and the repairs should be completed by August 17.

• The number of patrons experiencing Texas TreeVentures is growing each week with over 1,230 people attending over the past 5 weeks. Total sales from opening day through August 10 total over $131,000 - now averaging over $10,000 per week. Texas TreeVentures is an aerial adventure course located on the campus of the Recreation Center at Rob Fleming Park adjacent to the George Mitchell Nature Preserve. https://texastreeventures.com or www.facebook.com/TXTreeVentures.

• Walk in the Woods Nature Lecture Series continues Thursday, September 12 from 6 p.m. to 7:30 p.m. at Houston Advanced Research Center (HARC). The featured speaker is Diana Foss with Texas Parks and Wildlife. She will present information on “Our Neighborhood Bats.” The Lecture Series is produced by the Environmental Services at no charge for the program, but registration is required. http://www.thewoodlandstownship- tx.gov/DocumentCenter/View/13506/Walk-in-the-Woods-Final-Flyer-2019

• The 2019 Fall Action Guide is now online! The Woodlands Township Parks and Recreation Department offers a variety of programs and activities for all ages. From sports to swimming to cooking classes to pet training, there is something for everyone. Registration for fall programs began August 12. http://www.thewoodlandstownship- tx.gov/ArchiveCenter/ViewFile/Item/9428

• New Pool Fees were adopted by the Board of Directors on August 5 which were effective August 6 for the remainder of the 2019 pool season. The new fee structure implemented resident and non-resident daily guest rates with increases in the weekday and weekend rates. Since the new fees were implemented, 511 people came to Rob Fleming Aquatic Center but did not enter either because of the new daily rate or because they did not have proper residency identification. Similarly, 102 people left the Village pools without entry during the same period. http://www.thewoodlandstownship-tx.gov/CivicAlerts.aspx?AID=2801

• Over the past few weeks, customers of Entergy Texas have experienced several power outages. Entergy reports of eleven outages between July 16 and August 8. Five of the outages were caused by “dig-ins” by members of the public; two outages were caused by underground cable failures, two were due to bad transformers and one outage was caused by storms. After repairing these outages, Entergy conducted an aggressive plan to upgrade the equipment across the Grogan’s Mill area. 85 electrical and construction workers were brought in to install new conduit, wire, and equipment. Entergy intends to continue the work to upgrade the system and address outages to modernize their system. Entergy Texas customers are encouraged to stay informed and register for outage text alerts. https://www.entergy.com/save_money/outagealerts/?utm_source=Entergy&utm_medium=Onsite&utm_content= ETR-Outage-Map&utm_campaign=Outage-Alerts-Banner&_ga=2.204197976.937782227.1539294991- 592342761.1538610748

• The Township’s Transportation and Infrastructure Department has formed a working group of stakeholder utility companies and other organizations affected by outages caused by boring contractors working in the road rights of way. The working group is collecting and sharing information related to the cause of outages and to formulate recommendations, communications and possible new procedures for reducing the number of “bore-ins”.

• San Jacinto River Authority Woodlands Division (SJRA) has several construction projects underway throughout the community to ensure service reliability, efficiency, and compliance with regulations. Information on the SJRA construction projects can be reviewed in detail through the SJRA web: https://www.sjra.net/woodlands/construction/

• Requests for Bids/Proposals are being solicited for: 2020-2022 Sign Cleaning and Pressure Washing. www.thewoodlandstownship-tx.gov/bids.aspx

• Township offices will be closed on Labor Day - Monday, September 2. There will be no change to regular trash service for this holiday. Riva Row and Lake’s Edge Boat Houses will be open regular hours, 9 swimming pools will be open Noon to 6 p.m. and Texas TreeVentures will have regular hours.

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon Administrative Reports for Law Enforcement and Community Policing;

FISCAL IMPACT: BACKGROUND: RECOMMENDATION: Accept the report.

Attachments August LES Administrative Report August Community Policing Report

THE WOODLANDS TOWNSHIP The Woodlands, TX

ADMINISTRATIVE REPORT COMMUNITY POLICING & LAW ENFORCEMENT SERVICES August 22, 2019

1. Montgomery County Sheriff’s Office – Patrol - The Woodlands Township Division a. Staffing i. Open Positions: a) 5 Deputy positions

b. 2019 Staffing - MCSO i. Total of 113.5 personnel, 87 funded through The Woodlands Township and 26.5 funded through Montgomery County.

2. Harris County Constable’s Office – Precinct 4 a. Staffing of twelve personnel; one sergeant and eleven deputy constables.

3. Crime Status & Crime Prevention a. Notable Activity: • July 2019

• On April 20, 2019 MCSO Deputies were dispatched to CVS located at 3705 FM 1488 The Woodlands in reference to a female using a temporary driver’s license and a fraudulent prescription to try and obtain pills. The Woodlands Township Detective Division investigated the incident and found the female was identified as Amy Zuckero by comparing her driver’s license photo with the CVS security camera video. An arrest warrant was filed for the suspect with the Montgomery County DA’s office for Fraud on July 9th and a hold was placed on the suspect who was found to be in custody at the Harris County Jail.

On May 13, 2019 MCSO Deputies were dispatched to a burglary of a building at the Boardwalk Apartments, located at 2201 Riva Row in The Woodlands Texas. The Woodlands Township Detective Division conducted an investigation and learned a former employee had been responsible for the burglary. On July 31, the District Attorney’s Office accepted a warrant on the Defendant and he is currently being sought.

• On May 28, 2019, MCSO Deputies were dispatched to the business known as Blo Blow Dry Bar, a beauty salon, in reference to an employee theft call. The victim, and owner of the salon, reported one of her recently terminated employees stole a cash deposit, in the amount of $484.50, and deposited over $4,000 of unauthorized checks into her own bank account. The Woodlands Township Detective Division conducted an investigation and met with the suspect who stated she deposited the checks because they were hers. Detectives learned that the suspect was being paid for the past year through a phone application known as Cash App. The checks she received were for record keeping purposes and should not have been deposited. Detectives presented the case to the District Attorney's Office and a warrant was issued for the Defendant. She was subsequently arrested without incident on July 30, 2019.

• On June 7, 2019, MCSO Deputies took a theft report at the business of Zale's Jewelry. The victim reported that the store has approximately six wedding bands missing from wedding band sets. Loss Prevention provided a list of current employees. The Woodlands Township Detective Division conducted an investigation and learned through a search an employee had an astronomical amount of pawns dating back to 2017. This employee had approximately 600 pawn and received over $71,000 in cash from the pawns. Detectives met with Zale's Loss Prevention and reviewed reports from the third and fourth quarters of July 2018 and discovered greater losses. Zale's shrink reports showed losses that exceeded $60,000. After reviewing the reports, Detectives drove to five pawn shops and recovered over $14,000 in jewelry that belonged to Zale's. Detectives then met with the suspect and she eventually confessed to stealing the jewelry from Zale's. The District Attorney’s Office accepted a warrant on the Defendant and she was arrested without incident.

• The Woodlands Township Detective Division received a Sexual Assault investigation from Anchorage Police Department which was reported to them on February 24, 2019; which occurred at a residence inside The Woodlands on March 10, 2018. The Detective Division conducted a lengthy investigation which confirmed a thirty-year-old male sexually assaulted his 15-year-old cousin inside a residence in The Woodlands. The District Attorney’s Office was contacted July 25 and accepted a warrant for the arrest of the Defendant for the charge of Sexual Assault of a Child. 2

b. MCSO - The Woodlands Township Patrol Division – Traffic – July 2019 i. Total traffic stops – 2,039 ii. Crash (unknown injury) – 41 iii. Crash non-injury – 171 iv. Crash injury – 14 v. Crash fatality – 0 vi. Total crashes – 226

c. Crime Statistics i. Reminder: The monthly Community Policing Report is on our website.

d. Crime Prevention Unit (CPU) • During the month of July, CPU continued to collaborate with The Woodlands Township Neighborhood Watch.

Crime Prevention Activity Chart

December

November

October

September Business/Other Contacts August Good Neighbor Day/Community Events Training Days July Corporate Presentations June Community Presentations All other Meetings May Township Meetings April Village Board Meetings

March

February

January

0 5 10 15 20 25 30 35 40

e. Other Statistics i. Building Checks and Vacation Watch are included within the Call Title reports. This is a significant action by MCSO checking property and patrolling the neighborhoods.

f. Mileage i. MCSO total patrol mileage for July 2019 = 98,829

4. Police–Community Partnership a. Programs – Activities – In the Zone i. Village Association Meetings

a) Montgomery County Sheriff’s Office, Crime Prevention Unit and/or Harris County Constable’s Office, Precinct 4 attend and share crime statistics and crime prevention information.

ii. The Woodlands Township Neighborhood Watch in partnership with Montgomery County Sheriff’s Office, The Woodlands Township Patrol, Crime Prevention Unit and/or Harris County Constable’s Office, Precinct 4 and The Woodlands Fire Department.

a) July 2019 – Meetings/Presentations a) Village Association Meetings (6) b) Involvement Day (1) c) Safety Awareness Day (3) d) Dog Walker Watch (2) e) NNO Project 365 – Distracted Driving (1) a. Also, at all WFD Open House f) Business Community (1) g) Apartment Community (1) h) Senior Community (4) i) Emergency Preparedness/CERT (3) j) Community Event/Crime Prevention Education (7) a. Public Safety Open House @ WFD (4) b. Water Safety (1) c. Sunny Dayz Camp (RF Rec. Center) (1) d. YMCA Camp/Hooray for Heroes (1)

b) August 2019 – Meetings/Presentations a) Village Association Meetings (8) b) Safety Meeting (1) c) Safety Awareness Day (11) d) Coordinator Training (1) e) NNO (3) a. NNO Softball Game b. NNO Root Beer Float at Township c. NNO Planning meeting Grogan’s Point f) Senior Community (5) g) Apartment Community (1) h) Community Event/Crime Prevention Education (3) a. HEB Kids Day (3)

5. Other a. Preparing law enforcement presence for 2019 large-crowd events.

August 22, 2019

LAW ENFORCEMENT SERVICES

CRIME CAT EGO RIES OF NOTE INSIDE THIS ISSUE:

APR MAY JUN JUL Crime Categories of Note YTD 2019 Crime Categories of 2 2019 2019 2019 2019 Note Assault - Family Violence 17 13 11 14 110 By Village-2019-2018 Assault (excludes family violence) 2 2 4 8 32 Crime Comparison 3 Burglary Building 5 5 2 6 30 Chart—2019-2018 Burglary Habitation 5 5 5 16 49 Summary of Monthly 4 Burglary Motor Vehicle 28 28 18 34 223 Activity 2019 Criminal Mischief 13 12 14 20 112 Forgery/Fraud 25 24 21 23 161 Additional Notes 7 Homicide 1 0 0 0 2 Robbery 5 5 4 5 24 Reference Guide 8 Suicide/Attempted Suicide 6 5 8 5 39 Theft - Auto 8 8 13 7 61 Theft-Misdemeanor & Felony 37 34 40 67 346

All Other Criminal Reports 75 69 81 83 541

Information 68 62 90 81 532 TOTAL 295 272 311 369 2,262

Reports filed in July 3.8% 2.2% 1.6% 4.3%

Assault - Family Violence Assault (excludes family violence) 22.0% Burglary Building Burglary Habitation 9.2% Burglary Motor Vehicle Criminal Mischief Forgery/Fraud Homicide Robbery 5.4% Suicide/Attempted Suicide Theft—Auto Theft—Misdemeanor & Felony All Other Criminal Reports 6.2% Information 0.0% 22.5% 1.4% 1.4% 1.9% 18.2% Page 2 August 22, 2019

CRIME CATEGORIES OF NOTE — BY VILLAGE/ZONE JULY 2019 AND 2018

CRIME CATEGORIES OF NOTE—2019

Grogan's Panther Indian Sterling Alden Cochran's College Town Creekside Total Mill Creek Springs Ridge Bridge Crossing Park Center Park Assault - Family Violence 5 2 0 2 0 1 0 2 2 14 Assault (excludes family violence) 1 2 0 0 0 0 1 3 1 8 Burglary Building 0 1 1 0 3 0 0 1 0 6 Burglary Habitation 2 1 0 0 0 0 1 12 0 16 Burglary Motor Vehicle 0 3 1 0 5 4 11 7 3 34 Criminal Mischief 3 3 0 2 3 0 1 7 1 20 Forgery/Fraud 5 3 0 2 1 3 2 6 1 23 Homicide 0 0 0 0 0 0 0 0 0 0 Robbery 0 1 0 1 0 0 1 2 0 5 Suicide/Attempted Suicide 0 2 0 0 0 2 0 1 0 5 Theft - Auto 2 1 1 0 0 0 0 3 0 7 Theft-Misdemeanor & Felony 3 4 0 9 3 2 7 34 5 67 All Other Criminal Reports 17 8 2 7 10 1 15 22 1 83 Information 14 15 3 3 12 1 8 20 5 81 Total 52 46 8 26 37 14 47 120 19 369

CRIME CATEGORIES OF NOTE—2018

Grogan's Panther Indian Sterling Alden Cochran's College Town Creekside Total Mill Creek Springs Ridge Bridge Crossing Park Center Park Assault - Family Violence 5 3 1 2 2 0 2 4 4 23 Assault (excludes family violence) 1 0 1 1 0 0 0 2 1 6 Burglary Building 0 0 0 0 0 0 0 2 1 3 Burglary Habitation 1 2 0 0 0 1 1 0 0 5 Burglary Motor Vehicle 2 6 3 7 8 1 2 11 0 40 Criminal Mischief 0 2 1 1 1 1 5 4 0 15 Forgery/Fraud 2 1 2 5 1 1 3 0 6 21 Homicide 0 0 0 0 0 0 0 0 0 0 Robbery 0 0 2 0 0 0 0 0 0 2 Suicide/Attempted Suicide 1 1 0 2 2 0 1 1 0 8 Theft - Auto 2 1 2 0 0 1 0 2 1 9 Theft-Misdemeanor & Felony 0 2 4 2 4 1 7 13 1 34 All Other Criminal Reports 14 17 2 7 9 5 21 32 4 111 Information 16 10 3 6 2 3 7 16 7 70 Total 44 45 21 33 29 14 49 87 25 347 Law Enforcement Services Community Policing —Monthly Report Page 3

CRIME COMPARISON CHART JANUARY THROUGH JULY 2019

Crime Category by Month YTD

100

JAN 2019 FEB 2019 MAR 2019 APR 2019 MAY 2019 JUN 2019 JUL 2019

INTERESTED IN LEARNING MORE? For up-to-date information such as Press Releases and Featured Fugitives from the Montgomery County Sheriff’s Office and other law enforcement agencies that serve The Woodlands, please visit www.thewoodlandstownship-tx.gov. You can locate recent public safety media/Press Releases on the Resident Page, choose “Law Enforcement Ser- vices” at the bottom go to “Law Enforcement Advisories”. You can also sign up for The Woodlands Township Neighborhood Watch, choose “Neighborhood Watch” at www.thewoodlandstownship-tx.gov/neighborhoodwatch. Page 4 August 22, 2019

SUMMARY OF JULY ACTIVITY

July 2019 - Summary Report MCSO/Township Creekside/HCC4 Total Calls for Service 14,242 2,414 16,656 Criminal Report Filed 350 19 369

July Activity by Zone

4,500

4,000

3,500

3,000

2,500 Calls for Service 2,000 Reports Filed

1,500

1,000

500

0 Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 Zone 9 (GM) (PC) (IS) (SR) (AB) (CC) (CP) (TC) (CsP)

Summary of July Activity

18,000 16,000 14,000 12,000 Creekside/HCC4 10,000 MCSO/Township 8,000 6,000 4,000 2,000 0 Calls for Service Criminal Report Filed Law Enforcement Services Community Policing —Monthly Report Page 5

CRIME TRENDS

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 350

300 Subtotal - Crime 250 Categories of Note

200

150 Subtotal - All Other Reports 100 Filed

CRIME CATEGORY Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec YTD

Assault - Family 19 18 18 17 14 11 14 111 Violence Assault (excludes 8 5 3 2 2 4 8 32 family violence) Burglary Building 7 1 4 5 5 2 6 30

Burglary Habitation 8 3 7 5 5 5 16 49

Burglary Motor 34 48 33 28 29 18 34 224 Vehicle Criminal Mischief 18 17 18 13 12 14 20 112

Forgery/Fraud 15 28 25 25 27 21 23 164

Homicide 0 0 1 1 0 0 0 2

Robbery 2 1 2 5 5 4 5 24

Suicide/Attempted 10 2 3 6 5 8 5 39 Suicide Theft—Auto 10 8 7 8 8 13 7 61

Theft—Misdemeanor 53 46 69 37 44 40 67 356 & Felony

Subtotal - Crime 184 177 190 152 156 140 205 1,204 Categories of Note All Other Criminal 72 76 85 75 73 81 83 545 Reports Information 75 59 97 68 73 90 81 543

Subtotal - All Other 147 135 182 143 146 171 164 1,088 Reports Filed

Total 331 312 372 295 302 311 369 2,292 Page 6 August 22, 2019

CALLS FOR SERVICE TRENDS

16,000 0.98 1.00 0.89 0.90 0.84 0.86 0.79 0.83 15,500

15,000

Total Service Calls 14,500

14,000 Service Calls per Patrol Man Hour 13,500

13,000

12,500 0.10 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Total Service Calls 15,545 13,784 15,301 15,934 15,950 17,625 16,656 110,795

Percent of Calls Resulting In 2% 2% 2% 2% 2% 2% 2% 2% Crime Reports

Service Calls per Patrol 0.84 0.79 0.83 0.89 0.86 0.98 0.90 0.87 Man Hour

Patrol Man Hours 18,538 17,342 18,538 17,940 18,538 17,940 18,538 127,374

QUICK REFERENCE GUIDE FOR USING THIS REPORT

This report represent an executive summary of eight policing “zones”, comprising seven residential vil- activity in The Woodlands. The full report with appen- lages and one commercial district. Together, these dix provides more detailed data on which the execu- zones make up MCSO Patrol The Woodlands Town- tive summary is based. ship Division. There is also a “zone” for the Village of Please keep in mind that this report offers a Creekside Park, which is policed by the Harris County snapshot in time for each of the months included Constable’s Office—Precinct 4. based on the timing of when the data was provided by • Zone 1—Grogan’s Mill law enforcement. Due to the fluid nature of criminal • Zone 2—Panther Creek investigation, some of the data may have developed • Zone 3—Indian Springs further after the report data was released. • Zone 4—Sterling Ridge

• Zone 5—Alden Bridge MCSO: Montgomery County Sheriff’s Office. Unless otherwise noted, this refers to MCSO Patrol The • Zone 6—Cochran’s Crossing Woodlands Township Division . • Zone 7—College Park • Zone 8—Town Center (commercial) Zones: The Woodlands Township contracts with the • Zone 9—Creekside Park Montgomery County Sheriff’s Office for policing in Law Enforcement Services Community Policing —Monthly Report Page 7

ADDITIONAL NOTES 2019 The Monthly Law Enforcement Services report has been revised and consolidated beginning January 2019, for ease of review and comparison by both Directors and citizens alike. The consolidation of similar and comparable titles into this new format, will allow for an accurate village by village criminal activity comparison regardless of the agency providing the service.

Crime Categories of Note

Highlights criminal categories as follows: • Assault - Family Violence – Assault reports where the victim is related in some manner to the aggressor. • Assault (excluding family violence) – All assault reports where there is no identified family relationship between the victim and the aggressor. • Burglary Building – All reports of burglary where the structure burglarized was not suitable for overnight ac- commodation, typically an office suite, detached garage, storage unit, etc. • Burglary Habitation – Reports for burglary where the structure is residential and designed for an overnight stay. • Burglary Motor Vehicle – Burglary of a motorized vehicle to commit theft of content thereof. • Criminal Mischief – Any report of vandalism or act that diminished the value of someone’s property without their knowledge or consent. • Homicide – Intentionally cause the death of another person with criminal intent or means. • Robbery – Report involving theft, where the actor used or exhibited a deadly weapon or where force including assault was used in the course of committing theft. • Suicide / Attempted Suicide – With the intent on ending one’s life, he/she acted upon the desire, resulting in injury or death. • Theft - Auto – All reported theft of a motor vehicle. • Theft-Misdemeanor & Felony – The unlawful appropriation of property, without the effective consent of the owner, and with the intent to deprive them of the value or use of the property. • All Other Criminal Report – Any other criminal offense not listed in the categories above, such as narcotic of- fenses, driving while intoxicated reports, etc. • Information – All reports that wasn’t a violation of law; however, a report was completed. Some calls will include reports such as family disturbance and child discipline calls, where no violence occurred, and natural death investigation and industrial injury accidents, etc.

Calls for Service Report

The Activity Report - Calls for Service has also has been revised to allow for the accurate recording of call types between the Montgomery County Sheriff’s Office and the Harris County Constable’s Office — Precinct 4 agencies providing service to The Woodlands Township, who utilize different Records Management Systems (RMS). Calls for Service are the initial notation made when a request (call) is made to the dispatcher/communications division. This reflects the “call load” to which deputies respond, but it is not necessarily indicative of the outcome of an officer’s review or investigation. In this report, the “All Other Calls” would represent calls for service that have not already been captured in the report. This call type would include Lost Property, Court Calls, Warrant Service, Parking Violations, Administrative/Training, Report Writing Calls, Follow-up Investigations, and Miscellaneous Calls, and the like. Law Enforcement Services Community Policing —Monthly Report Page 8

Frequently Asked Questions Investigation of Crimes Against Children: • Do call titles equal crimes committed? No. Call Titles The Township contracts with MCSO and Montgomery speak to the types of calls that are received, but an County Constable’s Office - Precinct 3 for services spe- officer may make an alternate or additional finding cific to investigations of crimes against children. Both upon review/investigation. agencies receive referrals from Child Protective Ser- vices (CPS) routed to Safe Harbor. In addition to the Safe Harbor program, the Township contracts with • Do Criminal Statute Reports equal arrests? No. Crimi- Montgomery County Constable’s Office - Precinct 3 nal Statute Reports indicate that an officer believes for an Internet Crimes Investigator position. It is un- criminal activity has occurred. Depending on the derstood that some cases may originate or conclude situation, additional investigation may add to or outside of the Township boundaries. The “Cases As- negate criminal charges. signed—MCSO” includes data only for cases assigned within the Township boundaries, not cases that may be • What is the role of the community in “Community Polic- assigned outside of the boundaries. The numbers in ing?” To answer that question you must have this section are not cumulative, as some cases carry knowledge of the most basic Crime Prevention over from month to month. teachings and the “Crime Triangle.” The Crime Triangle identifies three elements that must be present in order for crime to be committed. • Desire of a criminal to commit a crime; • Ability to commit the crime; and the • Opportunity for the crime to be committed

Fortunately, you (residents - businesses) have control over one of the elements of the Crime Trian- gle - Opportunity. By removing the opportunity for crime to occur you can break the Crime Triangle and contribute to the Community Policing effort here in The Woodlands.

• Where can I find the full report? This executive summary accompanied by a full appendix of reports of the Township’s contracted law enforcement services can be found on the Township website at www.thewoodlandstownship-tx.gov, go to “Law Enforcement Services” at the bottom go to “Community Policing Reports”.

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon Administrative Reports for Transportation (Park and Ride and Trolley System);

FISCAL IMPACT: N/A

BACKGROUND: The Administrative Report for Transportation is attached for review and consideration.

RECOMMENDATION: Accept the report.

Attachments July 2019 Transportation Administrative Report THE WOODLANDS TOWNSHIP The Woodlands, TX

Transportation Administrative Report July 2019

THE WOODLANDS EXPRESS • 22 operating days • 49,036 total passenger trips o Research Forest: 26,367 (53% of total trips) o Sawdust: 12,326 (25% of total trips) o Sterling Ridge: 10,343 (21% of total trips) The Woodlands Express Ridership Year Over Year

Jul-19 47,118 Jul-18 44,703 Jun-19 44,083 Jun-18 45,374 May-19 47,059 May-18 47,462

Apr-19 48,222 Apr-18 46,065 Mar-19 45,359 Mar-18 44,296 Feb-19 45,666 Feb-18 44,347 Jan-19 50,398 Jan-18 44,488

40,000 41,000 42,000 43,000 44,000 45,000 46,000 47,000 48,000 49,000 50,000 51,000

The Woodlands Express Total Ridership 2014-2018 800,000 684,264 700,000 636,471 607,999 600,000 551,282 537,509 565,411* 500,000 400,000 300,000 200,000 100,000 - 2014 2015 2016 2017 2018 2019*

*2019 forecast data based on year-to-date data only/ Subject to change.

Average One-Way Riders Per Service Day • Average One-Way Riders per Service Day (Mon-Thu): 2,420 (July 2018 2,281) • Average One-Way Riders per Service Day (Mon-Fri): 2,229 (July 2018 2,129) • Passenger Load Factor (Mon-Thu): 53% (July 2018 51%)

Average One-Way Riders Per Service Day Year Over Year

Jul-19 2,229 Jul-18 2,129

Jun-19 2,204 Jun-18 2,161

May-19 2,139 May-18 2,157

Apr-19 2,296 Apr-18 2,194

Mar-19 2,160 Mar-18 2,109

Feb-19 2,283 Feb-18 2,217

Jan-19 2,291 Jan-18 2,118

2,000 2,050 2,100 2,150 2,200 2,250 2,300 2,350

Average Daily One-Way Ridership 2014-2019

3,000 2,755 2,544 2,412 2,500 2,238 2,229* 2,138 2,000

1,500

1,000

500

- 2014 2015 2016 2017 2018 2019*

*2019 forecast data based on year-to-date data only/ Subject to change.

Mobile Ticketing App for Smartphones On August 13, 2018, The Township launched the Mobile Ticketing System Smartphone App for The Woodlands Express. The app, available for iOS and Android devices, allows passengers to save time, skip lines, and board more quickly. It also provides access to schedules, route maps, and FAQs. More information can be found on the following website: https://www.thewoodlandstownship- tx.gov/1453/Mobile-Ticketing.

As of July 31, 2019, there have been 180,296 total mobile app ticket activations. The past eight months have shown an adoption and use increase to 45% of riders.

Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May -19 June -19 July-19 Activations 11,270 18,678 18,032 18,964 20,318 20,293 19,877 22,298 Approx. # Uses 593 834 883 892 968 922 994 1,013 Per Day Approx. % of 34% 37% 39% 42% 42% 43% 45% 45% Passengers

“Next Bus” smartphone app for The Woodlands Express In November of 2018, The Woodlands Express launched a “Next Bus” app to provide passengers with up-to-the-minute trip information. Available as a standalone app or through the current mobile ticketing app, this tool provides real-time vehicle location, next bus arrival ETAs to your location, and passenger loads.

Transportation Committees & Subcommittees

H-GAC Committees & Subcommittees

• Regional Transit Coordination – Ruthanne Haut (primary), Matt Kouns (alternate) • Transportation Improvement Plan – Ruthanne Haut (primary), John Powers (alternate) • Regional Transportation Plan – Ruthanne Haut (primary), John Powers (alternate) • Bicycle/Pedestrian – John McGowan (primary), John Powers (alternate) • Transportation Air Quality – Todd Stephens (primary), Ruthanne Haut (alternate)

Recent activity to note:

Technical Advisory Committee

• Agenda Item #6 - Funding partnership for Segment 2 of the North Houston Highway Improvement Program (http://www.ih45northandmore.com/) • Agenda Item # 7 - SH 99 (the Grand Parkway) Segments B,C,I1 and D in the Proposed TxDOT 2020 Unified Transportation Program • For full agenda and meeting audio visit http://www.h-gac.com/technical-advisory- committee/meeting-agendas-and-minutes.aspx

Regional Transit Coordination Subcommittee

• Informational Presentations on Google Transit, TxDOT’s Multimodal Platform, and Public Transportation Agency Safety Plan • For full agenda visit http://www.h-gac.com/technical-advisory-committee/regional- transit-coordination-subcommittee/default.aspx

Transportation Improvement Plan Subcommittee

• Agenda Item #3 – Congestion Mitigation and Air Quality (CMAQ) Program Funding Swaps • Agenda Item #4 – 10-Year Plan & the Unified Transportation Program • FY 2021-2024 TIP Development Initiation • For full agenda visit http://www.h-gac.com/technical-advisory- committee/transportation-improvement-program-subcommittee/default.aspx

Public Outreach – Commuter Solutions Month Throughout the year, the Houston-Galveston Area Council Commute Solutions Program partners with local governments, businesses and organizations to organize public outreach events to educate their employees as well as the general public about these commute alternatives programs. On July 24th, 2019, The Woodlands Township participated in Commute Solutions Month activities hosted at Greenway Plaza. Additional outreach events will occur in August and provide staff the opportunity to spread the word about The Woodlands Express Park and Ride Services.

Federal Transit Administration Compliance

Origin and Destination Surveys

The U.S. DOT Regulations at 49 CFR §21.9(b) state that, “In general, recipients should have available for the Secretary racial and ethnic data showing the extent to which members of minority groups are beneficiaries of programs receiving Federal financial assistance.” Consistent with this provision, Chapter V section 1 of FTA C 4702.1A requires recipients to collect and analyze racial and ethnic data showing the extent to which members of minority groups are beneficiaries of transit programs receiving Federal financial assistance.

On July 17th 2019, the Township Board of Directors approved the draft survey questions. The Town Center Trolley survey is planned to be conducted August 30th and 31st, 2019. The Woodlands Express survey is planned to be conducted in the second or third week of September 2019. Poster boards will be placed at the Park and Ride terminals and social media posts will be distributed to inform riders of the survey process and importance of participating. Survey results are expected to be available late 2019/early 2020.

Disadvantage Business Enterprises (DBE)

Policy Update Included as a separate Board agenda item, the 45 day comment period for the DBE Policy Update has concluded and the Policy is now in final form and ready for Board consideration and final approval.

Mentoring Workshop On August 22, 2019, The Woodlands Township will host a DBE workshop in partnership with the City of Houston’s Office of Business Opportunity. Topics to be covered in the workshop include learning how to register as a DBE, contract opportunities, and networking time. Advertisement has been distributed throughout the relevant local business community and 10 participants has registered to date.

Title IV Program Update

All transit providers are mandated to meet the requirements set forth in Title VI of the Civil Rights Act of 1964 (as amended) including providing access to services for people with limited English language proficiency (LEP). The Township’s transit consulting firm, HDR, has completed the Title VI Four Factor Analysis and Language Assistance Program recommendations. Based on this analysis, it is recommended the Township post placards inside all of its coaches notifying customers that the Township does not discriminate in the provision of service on the basis of race, color, and national origin, and informing them of how they can complain if they feel they have been discriminated against. Recommendations also include designating a staff member to serve as a point of contact for Spanish-speaking customers and creating a phone call log for Title VI-related transit complaints.

TOWN CENTER TROLLEY

General Ridership Information Ridership on the service has seen continued improvement since Phase II of the Trolley system was implemented in mid-November 2016. Phase III, the extension to Hughes Landing, was launched April 16, 2018.

July Monthly Ridership: 15,735 2019 Ridership

20,000 15,000 10,000 5,000 0

Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 UPT 8,849 7,423 13,190 10,927 12,568 14,126 15,735 0 0 0 0 0

Annual Ridership Data Average Passengers Per Day 2011-2019

500 460* 391 400 352 286 307 300 242 214 227 205 200 100 0 2011 2012 2013 2014 2015 2016 2017 2018 2019

*2019 forecast data based on year-to-date data only/ Subject to change.

Ridership 2011-2019 141,974* 150,000 127,335 130,237 103,600 111,280 100,000 87,737 77,472 81,995 74,344

50,000

0 2011 2012 2013 2014 2015 2016 2017 2018 2019

*2019 forecast data based on year-to-date data only/ Subject to change

Ridership by Day Trolley Ridership by Day July 2019 1,000 886 900 832 769 800 722 700 600 500 400 300 200 100 0

Ridership by Day (Ranked) Highest daily ridership numbers were seen on Saturdays with a highest ridership of 886 on Saturday, July 20th. The Fourth of July holiday also saw one of the top three highest ridership numbers of the month with a total of 769 riders. Trolley Ridership by Day (Ranked) July 2019 1,000 886 900 832 769 800 722 700 600 500 400 300 200 100 0 Saturday, July 20, 2019 Saturday, July 27, 2019 Thursday, July 4, 2019 Saturday, July 6, 2019 Saturday, July 13, 2019 Friday, July 26, 2019 Friday, July 12, 2019 Friday, July 19, 2019 Friday, July 5, 2019 Thursday, July 25, 2019 Tuesday, July 23, 2019 Sunday, July 14, 2019 Thursday, July 11, 2019 Tuesday, July 16, 2019 Wednesday, July 10, 2019 Thursday, July 18, 2019 Wednesday, July 3, 2019 Monday, July 22, 2019 Tuesday, July 2, 2019 Monday, July 8, 2019 Monday, July 1, 2019 Wednesday, July 31, 2019 Monday, July 29, 2019 Tuesday, July 9, 2019 Wednesday, July 24, 2019 Sunday, July 21, 2019 Wednesday, July 17, 2019 Tuesday, July 30, 2019 Sunday, July 7, 2019 Monday, July 15, 2019

Ridership by Stop The Library, The Woodlands Mall West and Waterway Square continue to be the most popular of the trolley stops. Trolley Ridership by Stop - July 2019

Woodloch Forest 1,281 Town Green

The Woodlands Mall West 1,769

The Village

The Library 1,283

Market Street

Hughes Landing-Restaurant Row

Hotel & Convention Center

East Shore

Cynthia Woods Mitchell Pavilion

Anadarko Tower 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000

Ridership by Stop (Ranked) Trolley Ridership by Stop (Ranked) - July 2019 2,000 1,769 1,800 1,600 1,400 1,2831,281 1,200 1,000 800 600 400 200 0 The Woodlands Mall West The Library Waterway Square Hughes Landing-Restaurant Row The Library (South Side) Hotel & Convention Center Cynthia Woods Mitchell Pavilion (South Side) Cinemark 17 H-E-B Landry's Hughes Landing-Embassy Suites Market Street The Woodlands Mall East The Woodlands Waterway Marriott Cynthia Woods Mitchell Pavilion Woodloch Forest Town Green Anadarko Tower East Shore The Village

Trolley Tracker Application for Smartphones The RideSystems Trolley Tracker app for smartphones launched on April 23, 2018. The app provides useful real-time information such as trolley location, estimated arrival times, stop information, alerts and more.

The app is compatible with Apple and Android phones and can be downloaded via the AppStore or Google Play. The following graphic was developed by staff to advertise the app and has been added to maps, collateral materials, and the website.

Display of Trolley Reroutes Given the number of events held in Town Green Park and along the Woodlands Waterway, trolley reroutes are a common occurrence, particularly during the summer months. To help facilitate riders during these reroutes, the RideSystems Trolley Tracker App is able to transition between different route options so as to better display the reroute that is implemented during Town Center events.

Current Schedule

Monday to Thursday Peak: 11 a.m. to 2 p.m., 5 p.m. to 9 p.m. (4 vehicles) Off-peak: 2 p.m. to 5 p.m. (3 vehicles)

Friday and Saturday Peak: 10 a.m. to 2 p.m., 5 p.m. to 10 p.m. (4 vehicles) Off-Peak: 2 p.m. to 5 p.m. (3 vehicles)

Sunday Peak: 11 a.m. to 2 p.m. (4 vehicles) Off-peak: 2 p.m. to 6 p.m. (3 vehicles)

Trolley Route Map

Capital Improvements

Associated improvements include, but are not limited to: passenger furniture (benches); shelters; permanent stop markers; passenger information signage, stop announcement technology, etc. Improvements are anticipated to be funded via Section 5339 formula funding which would be funded at 80% federal and 20% local matching funds.

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon Administrative Reports for The Woodlands Fire Department;

FISCAL IMPACT: N/A

BACKGROUND: See attachment.

RECOMMENDATION: Accept as presented.

Attachments TWFD August Departmental Report The Woodlands Fire Department Administrative Report August 2019

July Incidents

THE WOODLANDS FIRE DEPARTMENT INCIDENT REPORT JULY 2019

Incident Type Count FIRE 111 Building fire 5 113 Cooking fire, confined to container 1 121 Fire in mobile home used as a fixed residence 1 131 Passenger vehicle fire 1 140 Natural vegetation fire, Other 1 142 Brush or brush-and-grass mixture fire 3 143 Grass fire 1 154 Dumpster or other outside trash receptacle fire 1 162 Outside equipment fire 1 SUBTOTAL 15

OVERPRESSURE RUPTURE, EXPLOSION, OVERHEATING (NO FIRE) 251 Excessive heat, scorch burns with no ignition 0 SUBTOTAL 0

RESCUE & EMERGENCY MEDICAL SERVICES INCIDENT 300 Rescue, EMS incident, other 4 311 Medical assist, assist EMS crew 357 320 Emergency medical service, other 7 321 EMS call, excluding vehicle accident with injury 145 322 Motor vehicle accident with injuries 19 324 Motor Vehicle Accident with no injuries 59 331 Lock-in (if lock out, use 511) 10 352 Extrication of victim(s) from vehicle 1 353 Removal of victim(s) from stalled elevator 4 381 Rescue or EMS standby 1 SUBTOTAL 607

HAZARDOUS CONDITION (no fire) 410 Combustible/flammable gas/liquid condition, other 1 411 Gasoline or other flammable liquid spill 1

412 Gas leak (natural gas or LPG) 9 413 Oil or other combustible liquid spill 2 440 Electrical wiring/equipment problem, Other 3 445 Arcing, shorted electrical equipment 1 463 Vehicle accident, general cleanup 1 SUBTOTAL 18

SERVICE CALL 500 Service Call, other 6 510 Person in distress, Other 1 511 Lock-out 1 520 Water problem, Other 2 540 Animal problem, Other 3 541 Animal problem 1 542 Animal rescue 1 551 Assist police or other governmental agency 1 554 Assist invalid 2 SUBTOTAL 18

GOOD INTENT CALL 600 Good intent call, Other 14 611 Dispatched & cancelled en route 34 6111 Dispatched & cancelled en route - Automatic alarm 48 6112 Dispatched & cancelled en route - EMS call 74 6113 Dispatched & cancelled en route - MVA 14 622 No Incident found on arrival at dispatch address 9 631 Authorized controlled burning 1 650 Steam, Other gas mistaken for smoke, Other 2 651 Smoke scare, odor of smoke 5 671 HazMat release investigation w/no HazMat 4 SUBTOTAL 205

FALSE AL ARM & FALSE CALL 700 False alarm or false call, Other 22 710 Malicious, Mischievous false call, Other 1 711 Municipal alarm system, malicious false alarm 1 715 Local alarm system, malicious false alarm 1 730 System malfunction, Other 11 733 Smoke detector activation due to malfunction 11 734 Heat detector activation due to malfunction 1 735 Alarm system sounded due to malfunction 16 736 CO detector activation due to malfunction 3 740 Unintentional transmission of alarm, Other 4

743 Smoke detector activation, no fire - unintentional 13 744 Detector activation, no fire - unintentional 5 745 Alarm system activation, no fire - unintentional 26 746 Carbon monoxide detector activation, no CO 3 SUBTOTAL 118

SEVERE WEATHER & NATURAL DISASTER 814 Lightning strike (no fire) 1 SUBTOTAL 1

SPECIAL INCIDENT TYPE 911 Citizen complaint (regarding public activity-fireworks) 0 SUBTOTAL 0

TOTAL INCIDENT COUNT FOR JULY 2019 982

July Non-Incident Activity

Public Relations Events Station tours 22 Attended on site public relations event 23 Miscellaneous citizen contacts 27 Commercial on site walk thru (emergency preparedness pre planning) 3

Dispatch Woodlands Fire Department Non-emergency administrative calls 1,747 Emergency calls dispatched 412 Mutual Aid given 14 Mutual Aid received 19

Training Emergency Training Center events 22 Woodlands Fire Department training classes at Emergency Training Center 18 Texas Department of State Health Services (TDSHS) applications processed 0 Texas Commission on Fire Protection (TCFP) applications processed 0 Total departmental training hours recorded 1,995

Certified 57 Township employees for Stop the Bleed, which consists of tourniquet application and wound packing. These interventions will save lives in the event of an emergency.

Fire Prevention Officer Monthly Report - July 2019

Inspections: (Assist Montgomery County Fire Marshal’s Office)

 Access Control Inspection: 2

 Ceiling Cover Inspection: 5

 Complaints: 0

 Final (Fire Code) Inspection: 10

 Fire Alarm: 2

 Follow –Up Inspection: 9

 Foster Home Inspection: 0

 Hydro Inspection: 2

 Knox-Box: 3

 Life-Safety Inspection: 14

 Sprinkler Inspection: 0

 Site Inspection: 3

TOTAL: 50

MCFMO Training Days: 3

Staffing Updates

Opening:

Fire Chief Filled on interim basis by Deputy Chief Doug Adams

New Hires:

None

Promotions:

Kenny Baumbach Lieutenant 2 effective 7/14/19

Chris Mitcham Lieutenant 2 effective 7/15/19

Jeff Bondi Fire Fighter 2 effective 7/30/19

Justin Hill Driver/Operator 2 effective 7/15/19

Theo Pternitis Fire Fighter 2 effective 7/30/19

Jacob Austin Driver/Operator 2 effective 7/15/19

Brandon Reade Fire Fighter 2 effective 7/15/19

Mitch Hubbard Battalion Chief 2 effective 7/15/19

Joey Spitzenberger Fire Fighter 2 effective 7/30/19

Retirements:

None

Separated:

Shobi Davis Dispatcher Trainee effective 7/26/19

July Notable Accomplishments

 Stop the Bleed Program

 TWFD/CFD/MCFMO Fire Inspectors Training

 Company Evolution Review/Training

 Company Ops at G.E. Betz Building

 Tech Rescue Training

 Special Operations Test

 Zoll Cardiac Monitors Upgrades

 EMC CE

Upcoming Projects & Events

 EMS CE

 EMS Lead Interpretation Class

 Hazmat Refresher Course

 Pierce Road Rally

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon the disposal of twelve (12) Philips MRX Cardiac Monitors/Defibrillators;

FISCAL IMPACT: BACKGROUND: The Woodlands Fire Department owns 12 Philips MRX Cardiac Monitors/Defibrillators, along with some spare parts and accessories. Per the manufacturer, these units have reached the end of their service life and are ready for disposal. Many of these units have been in service for over 13 years.

The Township cannot put these old monitors/defibrillators up for public auction because they are considered a prescribed medical device. The manufacturer, Philips, put us in touch with an authorized reseller, Master Medical Equipment (MME). MME has made an offer to purchase the 12 Philips MRX units. The proposed purchase price is $26,400 for the entire lot, which is $2,200 per unit with spare parts and accessories included.

RECOMMENDATION: Approve the Offer of Purchase from Master Medical Equipment for 12 Philips MRX Cardiac Monitors/Defibrillators, including spare parts and accessories, that have reached the end of their service life.

Attachments Offer to Purchase from MME

August 6, 2019

Master Medical Equipment, LLC. 2345 F E Wright Drive Jackson, TN 38305

OFFER OF PURCHASE

Master Medical Equipment, LLC. would like to extend a formal offer of purchase to The Woodlands Township for the below outlined equipment. The total proposed purchase price is $26,400 for the entire lot or $2,200 per unit with all the below mentioned accessories:

12 Philips MRX units with spare case parts, batteries, SPO2 sensors, cuffs, chargers and other possible accessories. The 12 Philips MRX units have been identified to have the following configurations: • 12 Lead • AED • Pacing • SPO2 • NIBP • EtCO2 • Printer • PCPR • Updated software

Any shipment fees associated with this purchase would be paid by Master Medical Equipment. Please contact Justin Smith at 731-265-6744 for any questions regarding this offer.

Regards,

Justin Smith Vice President of Sales

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon revisions to The Woodlands Township Personnel Policy Manual;

FISCAL IMPACT: None.

BACKGROUND:

The Woodlands Township Board of Directors approved The Woodlands Township Personnel Policy Manual on April 18, 2019. The purpose of the Policy Manual is to provide a consistent guide to personnel interaction involving Township employees. The President and Human Resources Director have the primary responsibility for the administration and interpretation of personnel policies as delegated by the Board. All Township employees must comply with The Woodlands Township Personnel Policy Manual.

Fire department staff, along with Catherine Clifton, recommend changes to the Military Leave Policy as it relates to travel time to required military training. The current language states:

Employees shall only be paid for hours missed as a result of military leave and reasonable travel to and from the reporting site as detailed on the employee’s order to report. For example, if an employee works a standard 5 day workweek Monday through Friday, the employee shall only be paid for hours they are scheduled to work but are absent due to a military training leave obligation.

Staff recommends the above language be replaced with the following:

Upon receipt of military orders with a report time and location specified for an employee, Department Directors or their designees will be responsible for making a recommendation to HR as to how much travel time should be granted under the Military Leave Policy.

In assessing how much travel time is reasonable, employees will be provided at least one hour more for travel than calculated based on mileage/traffic. If the military duty assignment is within a two-hour drive, it shall be considered “local.” Military duty assignments beyond a two-hour drive shall be considered “non-local.”

Employees will not be expected to drive between 9:00 p.m. and 5:00 a.m. in order to travel between a shift and their non-local duty assignment. For employees who normally work a 24-hour shift, if the travel to report to duty must happen during a scheduled shift, employees will be afforded travel time in 12-hour increments. For other employees, as much as one work day may be granted for travel.

Additional time may be granted upon department request in unusual circumstances.

RECOMMENDATION: Approve the recommended revisions to The Woodlands Township Personnel Policy Manual.

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon a Third Amendment to the Memorandum of Understanding with City of Shenandoah (C-2012-3908A3);

FISCAL IMPACT: There will be no new impact to the 2020 budget as a result of the Third Amendment to Memorandum of Understanding. The annual fiscal impact related to the Memorandum of Understanding is estimated to be less than $50,000 per year for Streetscape Maintenance. The cost associated for Covenant Administration is not able to be calculated but believed to be minimal and included in the regular operations of the Township Covenant Administration Department.

BACKGROUND: In 2009, The Woodlands Township Board of Directors entered into a one-year Memorandum of Understanding ("MOU") with the City of Shenandoah ("Shenandoah") effective January 1, 2010. In November 2010, the MOU was extended for an additional year, and in 2011 the Board approved an agreement that would begin January 1, 2012, and auto-renew for up to five years. The MOU was renewed in 2018 for one a one-year term as the First Amendment to the MOU, and renewed for 2019 as the Second Amendment, which expires December 31, 2019. A Third Amendment to the MOU has been prepared which extends the agreement term until December 31, 2020, and also provides a provision for Shenandoah to allow their code enforcement officers to remove temporary signs on Grogan's Mill Road (Attachment A).

The MOU was developed to address the number of properties located inside the boundaries of Shenandoah that are encumbered with Community Association Covenants. Because the properties are within the city limits of Shenandoah, they could not be included within the boundaries of The Woodlands Township. When the Transition Agreement between the Community Associations and the Township was approved in 2008, the Township understood that an agreement would need to be developed with Shenandoah when covenant responsibilities were assumed by the Township and the community association assessments were replaced with a property tax levy. Even though covenants remained in place on the properties after assumption by the Township, the Township cannot levy a property tax to pay for services for properties located in the city limits or the extraterritorial jurisdiction of Shenandoah. The area within the city limits that is encumbered with Woodlands covenants is referred to as the "shared area".

The Woodlands Township and Shenandoah entered into the MOU to set forth the required division of responsibilities for the provision of shared governmental services in order to most efficiently utilize the assets and resources of each entity and to assure the residents and property owners within the shared area subject to the MOU of the continued and uninterrupted delivery of services. The MOU expires on December 31, 2019, and staff recommends renewal of the MOU through the Third Amendment to the MOU (Attachment A).

A portion of the land within the corporate limits or the extraterritorial jurisdiction (ETJ) of Shenandoah are subject to Woodlands Covenants (shared area) which require the Township, as successor entity to the Associations, to administer and enforce the Covenants, Restrictions, Easements, Charges and Liens established therein. Additionally, the Township provides certain Streetscape Maintenance Services to a portion of the shared area along Research Forest Drive and Grogan's Mill Road.

The MOU establishes the Township's ability to continue to provide covenant administration and streetscape services, while Shenandoah assumes the responsibility for street lighting services, irrigation water and garbage and solid waste disposal services. The Third Amendment also clarifies Shenandoah's ability to remove temporary signs along Grogan's Mill Road.

RECOMMENDATION: Approve the Third Amendment to the Memorandum of Understanding with the City of Shenandoah for an additional one-year term and authorize the President/General Manager to execute the renewal agreement, as approved in final form by the Township Attorney.

Attachments Attachment A - Third Amendment to MOU with City of Shenandoah THIRD AMENDMENT TO MEMORANDUM OF UNDERSTANDING

THE STATE OF TEXAS § § COUNTY OF MONTGOMERY §

This Second Amendment to the Memorandum of Understanding is entered into by and between THE CITY OF SHENANDOAH, TEXAS (the "City"), a Type A municipality organized and operating pursuant to the general laws of the State of Texas, and THE WOODLANDS TOWNSHIP (the "Township"), a political subdivision of the State of Texas, created and operating pursuant to Chapter 289, Acts of the 73rd Legislature, Regular Session, 1993, as amended, and successor by assignment to The Woodlands Association, Inc., The Woodlands Community Association, Inc., and the Woodlands Commercial Owners Association, Inc. (the "Associations"), also known as “the parties,” and is effective the earlier of the date fully approved by both parties or the date it is fully executed.

RECITALS

WHEREAS, the Township and the City remain parties to an unexpired Interlocal Agreement whereby The Woodlands Fire Department provides fire and EMS service to all property within the corporate limits of the City in exchange for certain police protection services provided to the Township by the City and other compensation and exchanged benefits; and

WHEREAS, the term of the current Memorandum of Understanding regarding the above stated Shared Area services, which was originally entered into on January 1, 2012, is scheduled to expire on December 31, 2017;

WHEREAS, the Township and the City entered into a First Amendment to extend the expiration date to December 31, 2018;

WHEREAS, the Township and the City entered into a First Amendment to extend the expiration date to December DRAFT31, 2019; WHEREAS, the Township and the City desire to further extend the term of their Memorandum of Understanding by one year, so as to now expire on December 31, 2020;

Now, therefore,

IN CONSIDERATION OF the mutual promises, benefits and undertakings of the parties herein, the City and the Township agree as follows:

Section 1: The Township shall continue to provide: (a) the administration and enforcement of the Covenants, where applicable, within the Shared Area; and (b) streetscape maintenance services, including irrigation water for the portion of Grogan’s Mill Road located

MOU for Shared Area Services – City of Shenandoah/The Woodlands Township Page 1 of 4 Contract No. C-2017-0557A within or adjacent to the Shared Area, and streetscape maintenance services, excluding irrigation water, for the portion of Research Forest Drive located within the Shared Area. (Exhibit “A”, attached and incorporated)

Section 2: The City shall continue to provide: (a) street lighting services within the portion of the Shared Area located within the corporate limits of the City; (b) irrigation water necessary to maintain the landscaping on Research Forest Drive within or adjacent to the Shared Area; (c) landscape maintenance and irrigation water along the southbound feeder road of Interstate Highway 45 within the Shared Area; and (d) garbage and solid waste disposal services to residential properties, including apartment properties, within that portion of the shared area within the corporate limits of the city.

Section 3: This Third Amendment to the Memorandum of Understanding shall remain in full force and effect and shall not expire until December 31, 2020. All other terms of the Memorandum of Understanding, except as previously amended, shall remain in full force and effect and shall apply to this Second Amendment, to include all attachments except that this extended term expiring December 31, 2020, shall not be automatically renewed for successive, additional terms.

Section 4: The City will be allowed to enforce its temporary sign ordinance along Grogan’s Mill Road north of Research Forest.

Section 5: The Original Agreement, together with the First and this Second Amendment, represent the entire agreement between the parties relating to the subject. Should there be any conflict between the Original MOU and any prior amendments, this Second Amendment shall prevail.

[Remainder of page intentionally left blank.] [Signatures on following page.] DRAFT

MOU for Shared Area Services – City of Shenandoah/The Woodlands Township Page 2 of 4 Contract No. C-2017-0557A

THE WOODLANDS, TEXAS CITY OF SHENANDOAH, TEXAS

By:______By:______Don Norrell Kathie Reyer President/General Manager City Administrator

Approved as to Form: ATTEST:

______Roberta B. Cross Courtney Clary Township Attorney City Secretary

Approved as to form:

______William Ferebee City Attorney

DRAFT

MOU for Shared Area Services – City of Shenandoah/The Woodlands Township Page 3 of 4 Contract No. C-2017-0557A

Exhibit "A"

DRAFT

MOU for Shared Area Services – City of Shenandoah/The Woodlands Township Page 4 of 4 Contract No. C-2017-0557A

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon a Host Venue Sponsorship Agreement with the International Association of Lions Club for the Wildflower Festival (C-2019-0325);

FISCAL IMPACT: The Woodlands Township has historically allocated $12,000 in direct sponsorship funding for the annual Wildflower Festival. Per the terms of a new agreement with the International Association of Lions Club, the Township would continue the $12,000 per year and waive the park reservation fees related to the use of a Township park and provide in-kind support of the use of 40 tables, 30 tents, 80 chairs, equipment set-up and breakdown, advertising/publicity in the Community Magazine, calendar listing on website, and two uniformed officers one hour prior to the event, during the event and one hour after the event. The Township's funding of $12,000 per year to The Woodlands Lions Club to be used to offset the cost of producing the event. Funding was included in the 2019 Budget for the 2019 event and $12,000 is included in the 2020 proposed budget.

BACKGROUND: The Woodlands Township and/or The Woodlands Convention and Visitor's Bureau has historically provided funding ($12,000) to the Wildflower Festival through a sponsorship to The Woodlands Development Company/Howard Hughes Corporation for 33 years. The Woodlands Development Company/Howard Hughes Corporation has produced the annual Wildflower Festival with the support of the International Association of Lions Clubs (Lions). The festival is a family-oriented event designed to build community spirit by bringing awareness of the importance of preserving wildflowers through exhibits related to gardening and native plants.

In March 2019, The Woodlands Development Company/Howard Hughes advised the Township that they intended to stop producing the event and proposed a transition of the production of the Festival to the Township and Lions Club. The Lions have been the primary volunteer base that assisted with the production of the festival.

The Township's annual funding has been subject to a Sponsorship Letter of Agreement between The Woodlands Development Company/Howard Hughes Corporation. The proposed transition is to enter into a three-year Host Venue Sponsorship Agreement with the Lions Club at the same level of funding ($12,000) and in-kind services so that the Lions Club and Township can partner to produce the event and ensure the continuation of the traditional community spirit event (Attachment A). The only new costs to the Township would be the in-kind services of use of special event equipment, and the law enforcement officer expenses, estimated to be $540. The Woodlands Township has a number of Host Venue Sponsorship Agreements, which include but are not limited to, the Waterway Arts Festival, Ironman Texas, The Woodlands Marathon, and Inspire Film Festival.

RECOMMENDATION: Approve the Host Venue Sponsorship Agreement with the International Association of Lions Club for the Wildflower Festival as approved to final form by the Township Attorney and authorize the President/General Manager to execute the final agreement.

Attachments Attachment A - Host Venue Sponsorship Agreement_Lions Club Wildflower Festival

VENUE- HOST SPONSORSHIP AGREEMENT WILDFLOWER FESTIVAL C-2019-0325

THE STATE OF TEXAS §

COUNTY OF MONTGOMERY §

This VENUE-HOST SPONSORSHIP AGREEMENT (“Agreement”) made and entered into effective as of the date fully executed below, by and between INTERNATIONAL ASSOCIATION OF LIONS (CLUBS 40405 WOODLANDS LION), DBA THE WOODLANDS LIONS CLUB, a Texas non-profit corporation (“LIONS CLUB”) 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; and

WHEREAS, LIONS CLUB organizes and coordinates the Annual Wildflower Festival, a family-oriented event designed to build community spirit by bringing awareness of the importance of preserving wild flowers through exhibits related to gardening and native plants; and

WHEREAS, the TOWNSHIP has supported the Annual Wildflower Festival for many years and recognizes the positive impact on the community through wildflower preservation, sustainability and resident involvement through gardening and use of native plants in its more than 30 years in existence; and

WHEREAS, the TOWNSHIP and LIONS CLUB desire to enter into a Host Venue Sponsorship Agreement.

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

TERMS

ARTICLE I: PROVISION OF SUPPORT PROVIDED

1.1 HOST TOWNSHIP Obligations. TOWNSHIP agrees to provide LIONS CLUB, for the benefit of the Wildflower Festival, the following in-kind services and equipment

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(“Support”) to include, but not necessarily be limited to, the following:

(a) Forty (40) tables;

(b) Thirty (30) tents;

(d) Township Park (“Use Area”) - Provide use of a local Township Park, inclusive of a pavilion, at no additional cost for up to two days (Friday and Saturday) during the event week. Per The Woodlands Township Park Rules, the park is to remain open to the public during the period of use;

(e) Security - Two uniformed staff members one hour prior to the event, during the event and one hour after the event (Saturday). No overnight security will be provided;

(f) Set-Up and Tear Down - Provide assistance with setting up and tearing down tents and tables;

(g) Trash Receptacles - Provide 20 trash receptacles and bags for the event.

(h) Restroom Maintenance - Provide once daily restroom maintenance during the event. Additional maintenance outside of the daily maintenance is the responsibility of the LIONS CLUB; and

(i) Advertising/Publicity in Woodlands Community Magazine and listing on website calendar.

1.2 Host Funding Obligations. TOWNSHIP agrees to provide the LIONS CLUB, for the benefit of producing, sponsoring, publicizing and holding the Wildflower Festival, the following funding (“Funding”):

a) Twelve Thousand Dollars ($12,000) ; and

b) Funding shall be paid by TOWNSHIP to LIONS CLUB upon receipt of invoice from LIONS CLUB in August prior to the Festival pending funding from budget approval.

1.3 LIONS CLUB Obligations. LIONS CLUB agrees to provide the TOWNSHIP with the following:

a) Identification as the Venue sponsor, per the Wildflower Festival Sponsorship Package, which includes the TOWNSHIP’s permission for use of its copyrighted and trademarked logo, in the manner provided by the TOWNSHIP;

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(b) Listing of the TOWNSHIP’s name and trademarked logo on event brochure and poster;

(d) Sponsor recognition in all communication materials; and

(e) Listing of the TOWNSHIP’s name, trademarked logo, and a link to the TOWNSHIP website on the event website.

ARTICLE II: EXPENSES

2.1 LIONS CLUB Expenses. LIONS CLUB shall be responsible for the following expenses related to Wildflower Festival:

(a) Equipment and supplies related to production of the Wildflower Festival.

2.2 TOWNSHIP Expenses. TOWNSHIP will be responsible for the following expenses related to the Wildflower Festival:

(a) Forty (40) tables;

(b) Thirty (30) tents;

(d) Security, maintenance and labor as specified in Section 1.1 above; and

(e) Advertising and Publicity as described in Section 1.1 above

(f) Waiver of fees for normal pavilion usage and normal wear and tear

2.3 Other Expenses. The SPONSOR LIONS CLUB shall bear all responsibility for all other expenses, operational or otherwise, not previously outlined in this Agreement and assumes full and complete responsibility for oversight of all management, coordination, application, registration, volunteers and for all other aspects of the Wildflower Festival not expressly assumed by the HOST TOWNSHIP hereby.

ARTICLE III: LIMITATION OF REMEDIES

The sole obligation of LIONS CLUB to the TOWNSHIP is to provide its services as described in this Agreement. Should the LIONS CLUB fail, for any reason, to carry out its obligations under this Agreement, the sole remedy of the TOWNSHIP shall be to terminate this Agreement.

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ARTICLE IV: INSURANCE

Throughout the term of this Agreement, the LIONS CLUB will, at its sole cost and expense, obtain and maintain its own comprehensive general liability insurance for each Event from a reputable insurance company, in such amounts as may from time to time be reasonably required by the TOWNSHIP For any and all claims of bodily injury, death, property damage and advertising liability, and any and all litigation, arbitration and settlement costs related to any claims for or by any event participants, volunteers, spectators, sponsors and staff The LIONS CLUB call cause its insurer to name The Woodlands Township as an additional insured under such policies and proof of each policy delivered hereunder shall contain an agreement by the insurer that such policy shall not be cancelled without at least thirty (30) days' prior written notice to the TOWNSHIP. ARTICLE V: INDEMNIFICATION

THE LIONS CLUB HEREBY RELEASES, INDEMNIFIES, AND AGREES TO HOLD THE TOWNSHIP AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST ANY RECOVERY, LOSS, CLAIM, LIABILITY, DAMAGES, PENALTIES, EXPENSES JUDGMENTS OR CAUSE OF ACTION, INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING THE USE OF THE USE AREA BY LIONS CLUB EMPLOYEES, AGENTS, GUESTS, AND INVITEES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE, LOSS, OR DESTRUCTION OF IMPROVEMENTS OR EQUIPMENT, ANY ACTION OR PROCEEDINGS BROUGHT AGAINST THE TOWNSHIP OR AGAINST THE USE AREA, OR ANY PART THEREOF, BY VIRTUE OF VIOLATION OF ANY LAWS, REGULATIONS, ORDINANCES OR REQUIREMENTS RELATING TO THE USE AND OCCUPANCY OF THE USE AREA, ANY ACCIDENT OR INJURY INCLUDING DEATH OR PROPERTY DAMAGE TO ANY PERSON OR PERSONS IN OR ABOUT THE USE AREA; AND LIONS CLUB AGREES THAT IT WILL NOT HOLD THE TOWNSHIP IN ANY WAY RESPONSIBLE OR LIABLE THEREFORE AND WILL FURTHER INDEMNIFY AND HOLD THE TOWNSHIP AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, PENALTIES, DAMAGES, EXPENSES AND JUDGMENTS ARISING FROM BODILY INJURY OR DAMAGE TO PROPERTY GROWING OUT OF THE OCCUPATION OF THE USE AREA BY THE LIONS CLUB OR ITS INVITES, INCLUDING BUT NOT LIMITED TO COMMON WALKWAYS AND PARKING AREA OWNED BY THE TOWNSHIP AND USED IN CONJUNCTION WITH THE USE OF THE USE AREA, PROVIDED, HOWEVER, THE LIONS CLUB WILL NOT INDEMNIFY OR HOLD THE TOWNSHIP HARMLESS FROM ANY CLAIMS ARISING FROM THE TOWNSHIP'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

ARTICLE VI: TERM, RENEWAL AND TERMINATION

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This Agreement shall remain in full force and effect until December 31, 2020, provided however, that either party may terminate this Agreement at any time upon thirty (30) days advance written notices to the other party. Within ninety (90) days before the expiration of the Initial Term (or any applicable Renewal Term), LIONS CLUB or THE WOODLANDS TOWNSHIP may give written notice of its desire to renew the Agreement (the "Renewal Notice") for an additional amount of time (the "Renewal Term"). Within thirty (30) days from the date of receipt of the Renewal Notice, the Parties will use good faith efforts to negotiate the terms and conditions of the proposed Renewal Term. Any agreed upon renewal terms shall be reduced to writing and executed as an Amendment to or Modification of the Agreement. If the Parties are unable to agree upon the terms and conditions for the Renewal Term, then the Agreement shall expire upon the expiration of the current Term or otherwise terminate pursuant to the terms of the Agreement.

ARTICLE VII: MISCELLANEOUS

7.1 Force Majeure. Should either Party be prevented from performing any of the obligations or duties required under this Agreement by reason of any event outside of such Party’s control, including without limitation, acts of God, fires, weather, flood, explosion, epidemic, war or other hostilities, domestic or foreign governmental acts, orders or regulations, strikes or labor disputes, civil disturbance, or any other cause or combination thereof (“Force Majeure Event”), then, the obligations or duties of such party during the period of such Force Majeure Event, and for a reasonable period of time thereafter, shall be suspended. If, due to a Force Majeure Event, the Event is canceled and cannot reasonably be rescheduled or relocated within the territory of the Venue, then Host shall not be deemed to be in breach of this Agreement. In the event of cancellation due to a Force Majeure Event, the Parties agree to negotiate a date to reschedule the Event if practicable. If the Event is rescheduled and/or relocated within the territory of the Venue, neither Party is relieved of its obligations as set forth in the Agreement.

7.2 Notices. All notifications under this Agreement shall be sent by certified U.S. mail return receipt requested, to:

If to the TOWNSHIP:

The Woodlands Township

2801 Technology Forest Blvd The Woodlands, TX 77381 FAX (281) 210-3960 Attn: President/General Manager

If to LIONS CLUB:

International Association of Lions (Clubs 40405 Woodlands Lion)

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FAX: Attn:

7.3 Severability. If any part of this Agreement contravenes any applicable statutes, regulation, rules or common law requirement, then, to the extent and only to the extent of such contravention, such part shall be severed from this Agreement and deemed non-binding while all other parts of this Agreement shall remain binding, so long as the material purposes of this Agreement can be effectuated.

7.4 Governing Law and Venue. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas. The Parties agree that venue for any legal dispute under the Agreement shall be Montgomery County, Texas. Any Party, who is the prevailing party in any legal proceeding brought under or in relation to the Agreement shall be entitled to recover court costs and reasonable attorneys’ fees from the non-prevailing party.

7.5 Miscellaneous. All of LIONS CLUB’s rights are subject to any federal, state, and local laws and regulations applicable to and during and immediately after the Event. The TOWNSHIP and LIONS CLUB agree to comply with all such laws and regulations.

7.6 Assignment. The TOWNSHIP may not assign all or part of its rights or obligations under this Agreement without the written consent of LIONS CLUB, which consent shall not be unreasonably withheld. LIONS CLUB may not assign all or part of its rights or obligations under this Agreement without the written consent of the TOWNSHIP, which written consent shall not be unreasonably withheld.

7.7 Entirety of Agreement. This Agreement and any incorporated Exhibits contain the entire understanding between the Parties and supersede any prior understanding or written or oral agreements between them respecting this subject matter. Any modification or amendment to this Agreement must be written and executed by both of the Parties.

7.8 Signatures. This Agreement may be signed in any number of counterparts with the same effect as if the signatures thereon were upon the same instrument.

7.9 Section Headings. Section Headings are for reference purposes only and shall not affect the interpretation or meaning of this Agreement.

WITNESS WHEREOF, the parties have executed this Agreement.

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THE WOODLANDS TOWNSHIP, a political subdivision of the State of Texas

By: Name: Don Norrell Title: President/General Manager Date:

APPROVED AS TO FORM:

______Roberta B. Cross Township Attorney

International Association of Lions (Clubs40405 Woodlands Lion) d/b/a The Woodlands Lions Club, a Texas non-profit corporation

By: Name: Title: Date:

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Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon a second amendment to the Host Venue Sponsorship Agreement for The Woodlands Marathon (C-2016-0340A2);

FISCAL IMPACT:

The Woodlands Township, per the terms of the current First Amended Host Venue Sponsorship Agreement (Attachment A) with The Woodlands Marathon Management, LLC, (TWMM) waives the reservation fees related to the use of Town Green Park, provides a magazine article in the Community Magazine of The Woodlands, provides 40 tents and other in-kind services in support of The Woodlands Marathon, sets the 2k Family Fun run and 5k run to the Saturday prior with the utilization of Town Green Park for post race festivities and the trolley path for course start and finish lines, grants access to area Park & Ride lots for staging of electronic message boards after the event, and grants use of the CWMP Event Facility for the Health & Fitness Expo (Thursday prior to the event for set-up, Friday prior to the event for hosting the Health & Fitness Expo and breakdown Friday evening) for a reasonable fee (to be agreed upon, but not to exceed $16,000) and provides TWMM limited event light post banners to promote the event and inform residents of the event. TWMM leads coordination of the annual event, "Global Running Day" at Town Green Park on the first Wednesday in June.

In addition, the proposal offers to provide the Township Sponsorship Amended Benefits to include naming the Township as the "Presenting Sponsor" of the Houston Methodist Health & Fitness Expo.

The total value of Township in-kind support is approximately $5,000 and the Township receives a value of $10,000 for the use of the Ice Rink Event Center. In exchange, TWMM is required to donate no less than $25,000 on an annual basis, to not-for-profit organizations. TWMM is required to guarantee 400 hotel room nights related to the event with hotels within The Woodlands. Additionally, TWMM provides the Township with an Economic Impact Study at the conclusion of the 2019 event (Attachment B).

Visit the Woodlands Convention and Visitors Bureau has provided $4,500 in advertising support of the event for the past three years.

There is no new fiscal impact related to the proposed Second Amendment (Attachment C) to the Host Venue Sponsorship Agreement.

BACKGROUND: BACKGROUND: In June 2018, The Woodlands Township renewed and amended the Host Venue Sponsorship/Partnership Agreement with The Woodlands Marathon Management, LLC. (TWMM) to host The Woodlands Marathon (Attachment A). The ninth annual event was held March 2, 2019, and Race Director Willie Fowlkes presented a report on the event to the Board of Directors on May 16, 2019. At that time, Mr. Fowlkes indicated a desire to extend the term of the Agreement for one additional year as allowed under the terms of the agreement. The Board authorized staff to draft a second amendment to the First Amended Host Venue Sponsorship Agreement and return to the Board for consideration. The proposed Second Amendment to the agreement has been prepared (Attachment C). The 2020 Marathon and Half Marathon race event is scheduled for March 7, 2020, and the 5k & 2k races scheduled on February 29, 2020.

The Township and TWMM first entered a Host Venue Sponsorship Agreement in 2011. The Agreement established a major marathon running competition in The Woodlands for which the Township provides the park facilities as venues for the event, as well as equipment and in-kind support. The event brings approximately 25,000 athletes, media, staff and spectators to the community and has become a qualifying race for the prestigious Boston Marathon. The term of that agreement was for five years and expired on March 31, 2016. The agreement was modified and renewed by the Board of Directors in July 2016, for three (3) years through March 2019, with two options to extend for one year periods - up to five (5) years total. The agreement was amended in 2018 to extend for one year for the 2020 events with dates of February 29, 2020, for the 5k & 2k races and March 7, 2020, for the Marathon, Half Marathon and Relay races. The agreement places a maximum number of participants for each Event as follows: Marathon - 2,000 Half-Marathon - 5,000 Five-Kilometer race - 1,500 Marathon Relay - 1,500 Two-kilometer fun run walk - 1,000

The proposed Second Amendment, as reviewed and approved to form by the Township Attorney, extends the term of the agreement for one year to provide the race event in February and March 2021, with no other changes.

RECOMMENDATION: It is recommended to approve the Second Amendment to the Host Venue Sponsorship/Partnership Agreement with The Woodlands Marathon Management as presented herein and authorize the President/General Manager to execute the agreement.

Attachments Attachment A - First Amendment to Host Venue Sponsorship Agreement Woodlands Marathan Management Attachment B - 2019 Woodlands Marathon Economic Impact Attachment C - Second Amendment Host Venue Sponsorship Agreement Woodlands Marathon

SECOND AMENDMENT TO HOST VENUE SPONSORSHIP/PARTNERSHIP AGREEMENT Contract Number – C‐2016‐0340A2

This SECOND AMENDMENT TO HOST VENUE SPONSORSHIP/PARTNERSHIP AGREEMENT (the “Amendment”) is entered into as of the date fully executed (“Effective Date”) between THE WOODLANDS TOWNSHIP, a political subdivision of the State of Texas, duly created and operating pursuant to Chapter 289, Acts of the 73rd Texas Legislature, Regular Session, 1993, as amended (the “Township”) and THE WOODLANDS MARATHON MANAGEMENT, L.L.C., hereinafter referred to as “TWMM.” The Township and TWMM may be referred to as a “Party” or collectively as the “Parties.”

WITNESSETH

WHEREAS, the Parties entered into a certain Host Venue Sponsorship/Partnership Agreement (Contract Number C‐2016‐0304) dated effective July 27, 2016 (the “Original Agreement”), concerning certain Events in The Woodlands Township made the subject of and as provided for in the Original Agreement; and.

WHEREAS, the Parties then amended the Original Agreement on August 8, 2017, entering into a First Amended Agreement (“First Amended Agreement”) to add and amend Event dates, routes and modify various terms; and

WHEREAS, Parties now desire to amend the First Amended Agreement by electing to a renewal term, as well as other various terms; and

NOW THEREFORE, in consideration of the mutual promises and covenants continued herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the Parties, the Parties agree as follows:

1. The above recitals are true and correct and incorporated by reference for all purposes.

2. In accordance with Paragraphs 1 and 3 of Exhibit A, the Parties mutually agree to renew the First Amended Agreement so as to include the 2021 Event. Such renewal term is expressly contingent on Montgomery County’s approval of both TWMM’s proposed routes and Traffic Control Plans for the 2021 Event, the County’s approvals of TWMM’s 2020 routes and traffic Control Plans, notwithstanding. TWMM agrees that it shall timely submit the 2021 routes for Montgomery County’s approval no less than 180 days prior to the desired Event date(s) and thereafter timely seek the County’s approval for TWMM’s proposed Traffic Control Plans.

3. Paragraph 3 is modified to read as follows: “The term of this Agreement shall commence on the Effective date and continue through March 31, 2021, the parties have elected, prior to the expiration of the initial term, to a one

2nd Amendment Host Venue Sponsorship Agreement Page 1 of 2 The Woodlands Marathon Management, LLC Contract No. C‐2016‐0340A2

year renewal term, which may not be further extended or renewed at the end of said renewal term.

3. Subsection d of Paragraph 7, Representations and Warranties of THE WOODLANDS MARATHON MANAGEMENT, LLC, which was added by the First Amended Agreement, is hereby deleted.

Except as expressly amended, all other terms and provisions in the Parties’ First Amended Agreement are unchanged and shall continue to govern the rights and obligations of the Parties; and shall remain in full force and effect as if fully restated herein. In the case of any conflict between this Second Amended Agreement and the First Amended Agreement, this Amendment will govern. This Second Amended Agreement, together with the First Amended Agreement and the Original Agreement, collectively represent the complete agreement of the Parties.

This Second Amended Agreement is effective as of the date fully executed below.

THE WOODLANDS MARATHON THE WOODLANDS TOWNSHIP: MANAGEMENT LLC:

Signature: ______Signature: ______Don Wisenbaker Don Norrell Director/Partner President/General Manager

Date: ______Date: ______

Approved as to form:

______Roberta B. Cross Township Attorney

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Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon an award of bid for 2019 – 2022 Tree Lighting Services (C-2019-0201);

FISCAL IMPACT: $195,000 is allocated in the Township's 2019 Town Center Operations budget for tree lighting and maintenance services for 496 trees in the Town Center area, including Hughes Landing, Town Green Park, and Waterway Square Park. Additional funding is allocated in the Park Operations budget for tree lighting at Creekside Park’s Village Green for 13 trees and 2 pergolas. The lowest, most responsive bid for tree lighting services is from The Christmas Light Company, LLC, for $140,035 per year, which amounts to a total of $420,105 for the three-year contract term.

BACKGROUND: The Woodlands Township contracts the installation and maintenance of lights on approximately 496 street level trees in the Town Center area, including various thoroughfares, Hughes Landing, Town Green Park and Waterway Square Park, which are displayed for 10 months per year between October and July. The existing contract covers the installation and maintenance of lights on 13 additional street trees and two pergolas in Creekside Park Village Green. The current service agreement with The Christmas Light Company ends on September 15, 2019.

Approximately 400 additional trees on the Waterway level are not included in this agreement as they are covered in the Waterway Use, Operation and Maintenance Agreement with The Woodlands Land Development Company (TWDC). In practice, TWDC has typically used the same company the Township has contracted with to ensure consistency of service delivery and overall cost savings; however, they are under no contractual obligation to do so.

A request for bids (Attachment A) was developed and advertised in The Villager on July 3, 2019, and on The Woodlands Township website, and was emailed to known contractors. A mandatory pre-bid meeting was held on July 10, 2019, with six (6) contractors in attendance. Bid questions were due no later than July 17, 2019. Bids were due on July 31, 2019, and three (3) bids were submitted. A Bid Tabulation Summary has been prepared (Attachment B), a summary of which is provided below:

The Christmas Décor IQ The Perfect Light Light Company Town Center Annual Subtotal: $133,440.00 $173,634.72 $217,342.24 Village Green Annual Subtotal: $ 4,595.00 $ 4,976.76 $ 7,325.59 Performance Bond, Annual $ 4,000.00 $ 4,820.40 $ 4,500.00 Subtotal: TOTAL ANNUAL VALUE $140,035.00 $183,431.88 $229,167.83 TOTAL CONTRACT VALUE $420,105.00 $550,295.64 $687,503.49

The Christmas Light Company submitted the lowest, most responsive bid.

The 2019-2022 Tree Lighting Services bid was previously released earlier this summer and closing on May 24, 2019. However, when the submitted bids were presented to the Board of Directors Regular Meeting for consideration on June 20, 2019, the Board rejected all bids and directed staff to re-bid the work with a reduced scope of work. The new bid package, including a reduced scope of work and ‘Add Alternate 1’ was written in response to this Board Action.

Add Alternate 1 would bring back a second weekly service visit to all trees in the contract in all areas, if chosen. At this time, staff does not believe that Add Alternate 1 is necessary. However, if the Board elects to add this option either now or at a later date, the low responsive bidder’s price would be $30,840 for three years, or $10,280 annually.

By re-bidding with a reduced scope of work the Township was able to secure a lower responsive bid, coming down to $420,105.00 from $493,956.26 over the three-year contract term. This is a total savings of $73,851.26 over the three years or about $24,617.09 annually.

The Christmas Light Company, LLC, is a Texas company with primary offices located in the Dallas area but with a strong presence in The Woodlands area. They have held the tree lighting services contracts for both The Woodlands Township (formerly under TCID) and with The Woodlands Land Development Company for the past nine (9) years, and staff remains satisfied with their responsiveness and work product. They also currently hold similar public area lighting contracts with The Galleria, Highland Park Village, and the State Fair of Texas.

RECOMMENDATION: Award the bid for tree lighting and maintenance services to The Christmas Light Company, LLC, and authorize the President/General Manager to execute any necessary agreement as approved to final form by the Township Attorney.

Attachments Attachment A - Tree Lighting Services Bid Specifications Attachment B - Bid Tabulation Tree Lighting Services The Woodlands Township The Woodlands, TX

2019 - 2022 Township Tree Lighting Services C-2019-0201R July 2019

Scope - The Woodlands Township is seeking bids from professional contractors for tree lighting services for a period of 35 months beginning September 16, 2019. The selected Contractor shall provide, installation, maintenance (twice weekly), repairs, and service for at least 509 trees and 2 pergolas with strands of LED lights in The Woodlands Township and stand ready to take on additional trees on an as needed basis in accordance with these specifications:

1. The Woodlands Township reserves the right to reject any or all bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced or conditional bids and to reject the bid of any bidder if The Woodlands Township believes that it would not be in the best interest of the project to make an award to that bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by The Woodlands Township. 2. The Woodlands Township also reserves the right to waive all informalities and defects in the bids and the bidding process not involving price, time of submittal or changes in the work and to negotiate contract terms with the successful bidder. Discrepancies between the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. In case of ambiguity or lack of clarity in stating the prices in the bid, The Woodlands Township reserves the right to consider the most advantageous bid thereof or to reject the bid. 3. Prospective Bidders may obtain a bid package including specifications and bidding documents from The Woodlands Township website, online at www.thewoodlandstownship-tx.gov/bids. 4. Bidders should carefully examine the bid documents, specifications and other documents, visit the sites of the work, field verify quantities and fully inform themselves as to all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from specifications, or other documents, or be in doubt as to their meaning, he should at once notify The Township and obtain clarification prior to submitting a bid. 5. Addenda to the specifications shall be considered part of the contract documents. Bidder shall acknowledge receipt of addenda on the Bid Proposal Form. Oral and other interpretations or clarifications will be without legal effect. 6. Please be advised that in accordance with State of Texas Local Government Code Chapter 176, Bidder must submit Form CIQ (Example CIQ - Appendix A) with the bid submission. 7. In compliance with State of Texas Government Code, Section 2252.908, the successful business entity awarded a contract by the Board of Directors of The Woodlands Township must complete Form 1295 – “Certificate of Interested Parties” – and must provide a signed and notarized printed copy of the form and a separate certification of filing. The form can be found at www.ethics.state.tx.us

Page 1 of 42 2019-2022 Township Tree Lighting Services- July 2019, C-2019-0201R

8. Any qualification pertaining to the bid items may be cause for rejection of bid. (A conditional bid may be cause for rejection.) 9. The Contractor’s bid shall include unit prices as outlined in the Bid Tabulation Form. 10. Quantities required and listed are substantially correct, but The Woodlands Township reserves the right to increase and/or decrease the amount of work to be done by any amount at the same unit cost bid. 11. There will be no public bid opening; however, bid tabulations and related bid documents will be released once the Board of Directors has reviewed and approved them. 12. Unit prices shall remain in effect for the length of this agreement (September 16, 2019 - August 15, 2022). 13. Evaluation of bid takes into account the following considerations: price, references, familiarization with The Woodlands, etc. 14. A mandatory Pre-Bid Meeting will take place at 2801 Technology Forest Blvd., The Woodlands, TX 77381 on Wednesday, July 10, 2019 at 1:00 p.m. CST. 15. Contractors will be required to visit the following locations in their own time in order to best determine scope and expectations: Town Green Park, Waterway Square Park, the Boardwalk at Hughes Landing, Timberloch Place, and Waterway Avenue. 16. INTERPRETATIONS AND ADDENDA- All questions about the meaning or intent of the Bidding Documents and the Contract Documents shall be submitted in writing to Karl Shaw, Town Center Facility & Operations Superintendent at [email protected]. Interpretations, questions, or clarifications will be considered by the Township and if necessary be responded to by issuance of an Addendum. All questions are to be received no later than Wednesday, July 17, 2019 at 5:00 p.m. CST. Questions received less than 14 days prior to the bid opening date may not be answered. Only answers issued by Addenda will be binding. All addendums will be posted on The Woodlands Township website http://www.thewoodlandstownship-tx.gov/bids. 17. Sealed bids, addressed to The Woodlands Township, 2801 Technology Forest Drive, The Woodlands, Texas 77381, Attention: Karl Shaw, Town Center Facility & Operations Superintendent, must be received at the above address no later than Wednesday, July 31, 2019 at 2:00 p.m. CST for furnishing all labor, materials, supplies, equipment, licensing, supervision and performing all work necessary to provide Township tree lighting services based on the bid documents in The Woodlands Township, Montgomery and Harris Counties, Texas. Bids shall be submitted in sealed envelopes using the blank Proposal forms furnished with this bid package. No electronic bids or emailed bids will be accepted. 18. Each sealed envelope containing the bid(s) must be clearly marked on the outside BID for 2019-2022 Township Tree Lighting Services, C-2019-0201R and the envelope should bear on the outside the name of the bidder and company their address. 19. All companies bidding on this project must include the information outlined in the ITEMS TO BE INCLUDED IN BID SUBMITTAL (shown below, page 4) such as bid bond, statement of qualifications, list of subcontractors, list of equipment, references, list of proposed equipment, licenses, insurance requirements, and other items requested in this bid document. 20. All Bids must be made on the required BID TABULATION FORM. All blanks spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. 21. Payment will be made by The Woodlands Township within thirty (30) calendar days after monthly invoice is submitted. 22. THIS IS A TAX-EXEMPT CONTRACT. A TAX EXEMPTION CERTIFICATE WILL BE SUPPLIED TO THE CONTRACTOR WHO MAY THEN ISSUE A RESALE CERTIFICATE TO SUPPLIERS AND SUBCONTRACTORS. 23. ANY ALTERATIONS, ADDITIONS OR DELETIONS, TO EITHER THE INSTRUCTIONS TO BIDDERS, OR THE PROPOSAL FORM SHALL CONSTITUTE THE BID(S) AS UNACCEPTABLE. 24. Bidder is required to submit three (3) references of previous projects of similar or like nature including the monthly maintenance. 25. Bid prices shall be firm for 60 days from bid opening.

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26. If deemed advantageous, The Township reserves the right to make multiple awards. In the event that multiple awards are made, the lowest responsive bidder will be awarded a primary contract. “Secondary” contracts may be awarded based on the pricing order of responsive bids. Multiple awards may be made in order to insure timeliness of response to The Township’s needs. Secondary contracts will be used only when the primary contractor cannot respond in a timely manner. 27. It is understood, that in addition to the items outlined in this bid package, The Woodlands Township’s facilities, offices, terminals, parks, pools and sports fields are continually growing and the successful contractor must be capable of handling contract additions throughout the term of the contract to the same standards, frequencies and expectations outlined herein. 28. All bids shall be accompanied by a cashier’s check, or certified check drawn upon a National or State bank, in the lesser amount of either $3,900 or 2% of the Bidder’s total bid amount, payable to The Woodlands Township, or a Bid Bond in the same amount, from a Surety Company licensed in the State of Texas, as a guarantee that the bidder will enter into a contract. 29. Contractor is required to provide The Woodlands Township a performance bond in the full amount of the contract prior to the commencement of work, with premiums fully paid in advance by the contractor. The bonds will be on forms and drawn on sureties acceptable to The Woodlands Township and are included in the total project cost (s). See attached for sample of Performance Bond. 30. Upon award of bid by the Board of Directors of The Woodlands Township, the effective date of the subsequent Township Tree Lighting Contract, C-2019-0201R, is anticipated to be September 16, 2019.

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Bid Submission Checklist Only items marked with an X are applicable to this bid If additional information is needed, please contact the project coordinator identified in this document Vendor must initial each required task as it is completed. Vendor must include this form as the cover page to the bid submittal.

Vendor Name:

Individual submitting:

Contract Number Required Item Bidder has Required Item Bidder has included in included in Submitted Submitted Packet (Initial) Packet (Initial) X General Specifications X References and Acknowledgement X Bid Tabulation Form X Notarized Statement of Bidders Qualifications X Bid Certification X Bid Bond-2% of value of bid X Addendum X Sub-Contractor List Acknowledgment X Signed-Site Visit Form X Sample strand(s) of lights (See items 43 and 70 below) X Signed Conflict of Interest Questionnaire (CIQ) After awarded the following documents must be provided- Initial if you are prepared to provide these after awarded, as required Required Acknowledged Required Acknowledged X Form 1295 – “Certificate X Payment Bond of Interested Parties” This applies to bids that exceed $25,000 X Performance Bond X Worker’s Compensation Requirements. Check if you are prepared This applies to bids that to provide this after exceed $25,000 award, inclusive of endorsement forms, as required, if applicable X General Liability and Auto Check if you are prepared to provide this after award, inclusive of endorsement forms, as required, if applicable

It is the vendors responsibility to be thoroughly familiar with all bid requirements and specifications

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General Specifications and Acknowledgment

Bidder shall complete every space in the bidder proposal column with either signed initials to indicate the item being bid is exactly as specified or a description to indicate any deviation of item being bid from the specifications. Bidder may submit additional information explaining any proposed deviation.

Item # Description of Requirements Bidder’s Initials or Alternate Proposal

1 Bidder has reviewed the facility and location information provided as part of this bid packet, including maps and sample tree layouts. 2 Unit price shall be inclusive of all charges (lights, staff time, removal, disposal, truck charges, environmental charges, traffic control, etc). 3 No taxes shall be included in the bid price since the Township is exempt from all sales tax. The Township will provide selected vendor applicable proof of sales tax exemption. 4 The contract for these services, if awarded, shall be for thirty-five (35) months (September 16, 2019 – August 15, 2022). Any and all financial obligations of The Woodlands Township under a proposed contract are conditional as they relate to a yearly appropriation during the annual budget process. 5 Contractor shall be capable of receiving communication by web, email, or via phone call/message. 6 Contractor shall provide all equipment, labor, trucks, and material necessary to perform the required service. No equipment, material or personnel shall be provided by The Township to Contractor unless agreed upon in advance in writing by the Township. 7 Contractor shall remove all rubbish, waste and discarded material on a daily basis that is a result of their services provided to the Township. If Contractor fails to comply with this obligation, and the Township is required to remedy, the Contractor agrees to reimburse the Township for all expenses incurred for the remedy. 8 Work Orders (WO) and service requests may be sent to Contractor multiple times a week, in writing, and those service requests shall be addressed at the latest during the next regularly-scheduled service visit. [See Items 49 and 50 below.] Standard of Conduct and Appearance 9 Each employee will be identified by a company uniform (shirt, pants or cap) and vehicles will be clean, and all marked with company name. 10 Contractor shall behave and operate in an environmentally sound and professional way, as to not create damage or cause exposure by virtue of negligence or omission. 11 Equipment must be well maintained and in good condition.

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12 Transportation of staff and equipment shall be done only in vehicles marked with contractor’s company logo unless agreed in writing by Township staff. Compliance with Laws and Procurement of Required Permits

13 At Contractor's own cost and expense, Contractor shall comply with all laws, ordinances, rules, and regulations of the federal, state and local and OSHA authorities and departments relating to or affecting the work hereunder, and shall secure and obtain any and all permits, licenses and consents as may be necessary in connection therewith. 14 Contractor shall furnish to The Township copies of said licenses, permits and insurance certificates prior to the commencement of any work hereunder. 15 All work, repairs, preventative maintenance and installations shall be made in compliance with the National Electrical Code as adopted by the State of Texas. 16 Please be advised that in compliance with State of Texas Government Code, Section 2252.908, the successful business entity awarded a contract by the Board of Directors of The Woodlands Township must complete Form 1295 – “Certificate of Interested Parties” – and must provide a signed and notarized printed copy of the form and a separate certification of filing. The form can be found at www.ethics.state.tx.us 17 Please be advised that in accordance with State of Texas Local Government Code Chapter 176, Bidder must submit Form CIQ (Example CIQ - Appendix A) with the bid submission.

Bonds 18 A Bid Bond is required for this project. All bids shall be accompanied by a cashier’s check, or certified check drawn upon a National or State bank, in the amount of either $3,900 or 2% of the total bid amount of the contract (inclusive of all Bid Alternates), payable to the Township, or a bid bond in the same amount, from a reliable surety company, as a guarantee that the bidder will enter into a contract. 19 Contractor is required to provide The Woodlands Township a performance bond in the full amount of the contract prior to the commencement of work, with premiums fully paid in advance by the contractor. The bonds will be on forms and drawn on sureties acceptable to The Woodlands Township and are included in the total project cost (s). Billing and Payment 20 Monthly invoices from the selected vendor must be submitted containing at least the following information: • Number of trees • Unit Price • Total Cost • Dates visited & estimated number of GFCI outlets re-set

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• Dates visited & total number of lights/lights strands replaced No payment will be made without report as backup documentation. 21 Contractor shall submit to the Township invoices upon completion of the service request and/or Work Order but no later than monthly or thirty (30) days after completion of the work. Invoices may include multiple service requests and Work Orders. 22 The Township will remit payment for each invoice to Contractor within 30 days of receipt of an approved Invoice, unless the Township disputes any portion of the Invoice and the Contractor is not in default under the provisions of the Township Tree Lighting Contract. Contractor’s Responsibility

23 The Township requires the Contractor be available to perform emergency work on a 24-hour basis for any electrical emergency that may occur. The Contractor must respond to The Township site within two (2) hours after an emergency service request has been received. Emergency Work shall be compensated at a separate unit rate. 24 Selected Contractor to supply all necessary, personnel, tools, machinery, materials, supplies and equipment to perform the work as specified herein. 25 Contractor is responsible for obtaining such supplies, materials and parts if not provided directly by the Township. Such supplies, materials and parts shall be of good quality and the cost of such shall be billed as reflected in the proposal from the Contractor. Installed materials that fail before warranty shall be replaced by the contractor with new material at no cost to the Township other than labor to reinstall. 26 Service locations are public and extremely sensitive to disruption. Contractor must ensure the general public and user’s safety when performing services in and around all locations. 27 Contractor shall behave and operate in an environmentally sound and professional way, as to not create damage or cause exposure by virtue of negligence or omission. 28 Contractor shall provide The Woodlands Township acceptable proof of insurance and endorsement forms which meets the requirements as identified herein. Proof of Insurance must be provided before any Work is to begin. Sub-Contractors 29 Contractor shall not employ any subcontractor to fulfill any of the Contractor’s obligations, in whole or in part, without the prior express written approval of The Woodlands Township and shall fully indemnify and defend the Township for any acts or omissions of any such subcontractor. Town Center (including Hughes Landing) Lighting Regulations

30 The successful bidder must conduct a yearly pre-decoration meeting with the Township Parks and Recreation Department prior to light installation (annually prior to September 10).

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31 Contractor must supply all electrical outdoor-rated 12-gauge wire dark green extension cords necessary to light all trees as described. 32 The Woodlands Township will supply GFCI ground outlets for each tree. As a general rule, no fewer than four (4) and no more than five (5) trees are wired to an individual 20-Amp circuit. There may be minor exceptions to this rule within the system. 33 All labels, fuses, or extra LED light packs will be removed by the Contractor from light strands before being installed on the trees. 34 All trees need to be numerically numbered with metal tags in an order that is clearly readable and understandable by third parties including but not limited to Town Center Rangers and the Township’s chosen electricians. Contractor may begin the contract term under the assumption that at least 95% of all tags have been installed and recorded on existing maps but should maintain reasonable stock of replacements. Tags shall be roughly the size of a quarter, designed to not draw attention to the tag, and designed and installed in a manner that is not damaging to the tree. 35 All tree lights shall start being installed no later than the last full week of September of each contract year, and properly tagged numerically on each individual tree, to correlate with the area location map. The cost of this service shall be included in the unit price. 36 All tree lights shall be installed, plugged in, timers activated, and programs running no later than October 1st of each contract year. The cost of this service shall be included in the unit price. 37 Contractor will be on site for the first working night of each contract year to inspect and ensure all lights are operating correctly. 38 Contractor will conduct “loosening” of the light strands as needed, but no less than twice each contract year, with the understanding that the need for regular loosening of strands will be inversely related to the size of the tree trunk (younger trees needing more regular care and attention), to assure proper tree growth. The Township will choose the date for this process in writing. The cost of this service shall be included in the unit price. 39 Contractor will replace missing tree tags along trunk as needed, but no less than twice each contract year. The Township will choose the date for this process. The cost of this service shall be included in the unit price. 40 Tree lights shall be removed no earlier than the 1st of August and removal shall be completed by no later than the 14th of August of each contract year. The cost of this service shall be included in the unit price. 41 The Woodlands Township will not receive a monthly bill for maintenance and service during the months of August and September. 42 Due to the nature of this service, Contractor shall not work before dusk or after 11 p.m. unless agreed in writing by The Woodlands Township, except as allowed in Item 49 below for daylight repairs. 43 Additional trees may be added to the scope of the project at any time at the Township’s sole discretion. The install and monthly unit price

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included in this bid will apply to any additional trees. Per this bid, new trees need to be tagged and their numerical information given to The Township to update the area map and legend within 14 calendar days. 44 Contractor shall utilize warm white LED mini light sets and include all necessary wiring ensuring proper splitting and utilization of available power (as described below) to light trees in " wrapped" fashion along trunk and every branch, in a horizontal fashion, to a minimum of fifteen feet from ground level. 45 Light and Strand/Set Specifications: A. Contractor must submit a sample strand of lights intended to be used along with the bid submittal. B. Lights are to be of warm white color (traditional clear color, approximately 2500K), and approved by The Woodlands Township prior to the award of the bid. C. All LED bulbs on each set must be of the exact same color, without any variance. D. All lights must have permanently stamped bulbs (lights that are removable from the sockets). E. Lights must have 4-inch spacing along the strand, with 4-inch lead and a 4-inch tail. F. Light strands must have 70 LED 5mm concave mini lights per set on dark green wire. G. Light strands must be 60hz, 0.48 A, internally fused, internally rectified, UL approved, outdoor light sets. H. The cost of this service shall be included in the unit price. 46 Tree Wrapping Specifications: A. Wrapping shall begin no more than 6 inches (6”) above grade (or above the mulch line) and continue for 15 linear feet around the main trunk, ending no lower than 15 feet 6 inches above grade (mulch line) on each tree. B. Light strands as wrapped shall be strung in radius horizontally no more than four inches C. Wrapping shall be inclusive of branches in this defined area as far as is reasonable and safe to wrap with lights and create the aesthetic shown below in the appendix. D. The cost of this service shall be included in the unit price. 47 For each contract year, brand new lights must be installed. The cost of this service shall be included in the unit price. 48 Once weekly service checks shall between Thursday night and Friday night, unless otherwise agreed upon in writing. Contractor shall inspect all electrical GFCI outlets and re-set as needed within the first (3) hours of turn-on time, then check all light strands to ensure proper performance as outlined in the manufacturers’ and this bid’s specifications. If LED lights are out these shall be replaced. If strings are non-functioning these shall be replaced. Contractor should carry a reasonable amount of stock materials on all vehicles at all times to

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accomplish these repairs as regularly and quickly as possible. The cost of this service shall be included in the monthly unit price. 49 Township expectations of required time per one (1x) weekly service visits shall be between 8 and 10 man-hours per visit, or more as necessary. Repairs time can include daylight hours only for areas in which Contractor has easy access to the light timers and can independently (without Township staff assistance) override the timers to turn on trees and check their own work. The cost of this service shall be included in the monthly unit price. 50 Contractor must maintain records of all 1x weekly service visits and be prepared to provide documentation of the observations and outcomes of those visits to the Township within three business days, if requested. Records should include at minimum the information outlined above in Item 20 (areas addressed, GFCI’s reset, strands replaced, etc.). The cost of this service shall be included in the monthly unit price. 51 Contractor shall include with this bid a preliminary plan (or map) for the breakdown of twice weekly checks, including specifically which Township areas will be checked on which days of the week. Any changes from this preliminary plan shall be communicated in writing to the Township within one week of the changed plan. The cost of this service shall be included in the monthly unit price. 52 The Contractor shall supply The Woodlands Township with at least ten (10) extra, standard length light strands for minor repairs to tree lighting on days Contractor is not present or available. The cost of this service shall be included in the monthly unit price. 53 If the contractor identifies a non-working GFCI outlet they shall report this outlet to The Woodlands Township the next business day. The cost of this service shall be included in the monthly unit price. (Township staff will work with an independent electrician to rectify the problem in a timely manner. ) Creekside Park Village Green Lighting Regulations 54 Additional annual pre-decoration meeting (see Item 30) not required. 55 Contractor must supply all electrical outdoor-rated 12-gauge wire dark green extension cords necessary to light all trees as described. 56 The Woodlands Township will supply GFCI ground outlets for each tree. As a general rule, no fewer than four (4) and no more than five (5) trees are wired to an individual 20-Amp circuit. There may be minor exceptions to this rule (+/- one tree) within the system. 57 All labels, fuses, or extra LED light packs will be removed by the Contractor from light strands before being installed on the trees. 58 All thirteen (13) trees must be numerically numbered with metal tags in an order that is clearly readable and understandable by third parties including but not limited to Park Rangers and the Township’s chosen electricians. Contractor may begin the contract term under the assumption that at least 95% of all tags have been installed and recorded on existing maps but should maintain reasonable stock of replacements. Tags shall be roughly the size of a quarter, designed to

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not draw attention to the tag, and designed and installed in a manner that is not damaging to the tree. 59 All tree lights shall start being reinstalled no later than the last full week of September of each contract year, and properly tagged numerically on each individual tree, to correlate with the area location map. The cost of this service shall be included in the unit price. 60 Contractor will be on site for the first working night of each contract year to inspect and ensure all lights are operating correctly. 61 Contractor will conduct “loosening” of the light strands on trees as needed, but no less than twice each contract year, with the understanding that the need for regular loosening of strands will be inversely related to the size of the tree trunk (younger trees needing more regular care and attention), to assure proper tree growth. The Township will choose the date for this process in writing. The cost of this service shall be included in the unit price. 62 Contractor will replace missing tree tags along trunk as needed, but no less than twice each contract year. The Township will choose the date for this process. The cost of this service shall be included in the unit price. 63 Due to the nature of this service, Contractor shall not work before dusk or after 11 p.m. unless agreed in writing by The Woodlands Township, except as allowed in Item 49 above for daylight repairs. 64 Additional trees may be added to the scope of the project at any time at the install and monthly unit price per this bid trees need to be tagged and their numerical Information given to The Township to update the area map and legend. 65 For Tree Lights: Contractor shall utilize warm white LED mini light sets (traditional clear color) and include all necessary wiring ensuring proper splitting and utilization of available power (as described below) to light trees in " wrapped" fashion along trunk and every branch, in a horizontal fashion, to a minimum of fifteen feet from ground level. 66 Tree Lights are to be of warm white color, and approved by The Woodlands Township, prior to the award of the bid. All LED bulbs on each set must be of the exact same color, without any variance. Lights must have 4 inch spacing, with 4-inch lead and a 4-inch tail. All lights must have permanently stamped bulbs (lights that are removable from the sockets). Light strands must be 40 milliamp, 60hz, 4.8 watts, internally fused, internally rectified, UL approved, outdoor light sets. Light sets must have 70 LED 5mm concave mini lights per set, with green wire. Please submit a strand of lights intended to be used with the bid submittal. 67 Tree Light bulbs should be 5mm, concave LED mini lights and shall be spaced horizontally no more than two inches (2") apart from approximately 6 inches above grade to the 15-foot mark on each tree inclusive of branches in this defined area.

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68 Light and Strand/Set Specifications: A. Contractor must submit a sample strand of lights intended to be used along with the bid submittal; if same light strands are meant to be used at Village Green as the Town Center area, no additional sample is needed. B. Lights are to be of warm white color (traditional clear color, approximately 2500K), and approved by The Woodlands Township prior to the award of the bid. C. All LED bulbs on each set must be of the exact same color, without any variance. D. All lights must have permanently stamped bulbs (lights that are removable from the sockets). E. Lights must have 4-inch spacing along the strand, with 4-inch lead and a 4-inch tail. F. Trees: Light strands must have 70 LED 5mm concave mini lights per set on dark green wire. G. Pergolas: For columns, light sets must have 70 LED 5mm concave mini lights per set with green wire; for the Metal Pergola roofline LED C-9 bulbs must be used and all other specifications apply. H. Light strands must be 60hz, 0.48 A, internally fused, internally rectified, UL approved, outdoor light sets. The cost of this service shall be included in the unit price. 69 Tree Wrapping Specifications: A. Wrapping shall begin no more than 6 inches (6”) above grade (or above the mulch line) and continue for 15 linear feet around the main trunk, ending no lower than 15 feet 6 inches above grade (mulch line) on each tree. B. Light strands as wrapped shall be strung in radius horizontally no more than four inches C. Wrapping shall be inclusive of branches in this defined area as far as is reasonable and safe to wrap with lights and create the aesthetic shown below in the appendix. The cost of this service shall be included in the unit price.

70 For Metal Pergolas Lights: Contractor shall utilize warm white LED mini light sets(traditional clear color) and include all necessary wiring ensuring proper splitting and utilization of available power(as described below) to light in " wrapped" fashion along columns, in a horizontal fashion, to the top which should be 5mm, concave LED mini lights and shall be spaced horizontally no more than two inches (2") apart. The outline of the roofline lights should be concave LED C-9 lights, and Shall be spaced horizontally 6” for approximately 35 feet on the inside and outside roofline.

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71 For each contract year (September), brand new lights must be installed. The cost of this service shall be included in the unit price. 72 Contractor Once weekly service checks shall be between Thursday night and Friday night, unless otherwise agreed upon in writing. Contractor shall inspect all electrical GFCI outlets and re-set as needed within the first (3) hours of turn-on time, then check all light strands to ensure proper performance as outlined in the manufacturers’ and this bid’s specifications. If LED lights are out these shall be replaced. If strings are non-functioning these shall be replaced. Contractor should carry a reasonable amount of stock materials on all vehicles at all times to accomplish these repairs as regularly and quickly as possible. The cost of this service shall be included in the monthly unit price. 73 Township expectations of required time per one (1x) weekly check shall be between 2 and 4 man-hours per visit, or more if necessary. Repairs time can include daylight hours only for areas in which Contractor has easy access to the light timers and can independently (without Township staff assistance) override the timers to turn on trees/ check their work. The cost of this service shall be included in the monthly unit price. 74 Contractor shall include with this bid a preliminary plan (or map) for the breakdown of once per week checks, including specifically which Township areas will be checked on which days of the week. Any changes from this preliminary plan shall be communicated in writing to the Township within one week of the changed plan. The cost of this service shall be included in the monthly unit price. 75 If the contractor identifies a non-working GFCI outlet they shall report this outlet to The Woodlands Township the next business day. The cost of this service shall be included in the monthly unit price. (Township staff will work with an independent electrician to rectify the problem in a timely manner. ) Add Alternate 1 76 Contractor will provide a cost for an additional service check per week. Service checks shall be between Monday night and Tuesday night and Thursday night and Friday night, Contractor shall inspect all electrical GFCI outlets and re-set as needed within the first (3) hours of turn-on time, then check all light strands to ensure proper performance as outlined in the manufacturers’ and this bid’s specifications. If LED lights are out these shall be replaced. If strings are non-functioning these shall be replaced. Contractor should carry a reasonable amount of stock materials on all vehicles at all times to accomplish these repairs as regularly and quickly as possible. The cost of this service shall be included in the monthly unit price.

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Bid Tabulation Form

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Bid Certification

I, ______, certify that this bid, including the above listed unit price, is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a bid for the same materials, supplies or equipment and is in all respects fair and without collusion of fraud. I agree to honor the unit prices as submitted throughout the term of the Township Tree Lighting Agreement and abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder.

SIGNATURE PRINT/TYPE NAME

DATE SIGNED TITLE

COMPANY

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Addendum Acknowledgement

Please acknowledge by signing and dating that you have seen the addenda posted with the bid on http://www.thewoodlandstownship-tx.gov/bids.

Addenda #1 ______Date Received ______/______/ 2019 MM DD

Addenda #2 ______Date Received______/______/ 2019 MM DD

Addenda #3 ______Date Received ______/______/ 2019 MM DD

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Site Visitation Form

There will be no formal walkthrough of the service areas with The Woodlands Township staff; however, a walkthrough of certain sites is required as a condition of this bid. Each contractor is required to submit this Site Visitation Form as part of the bid submittal. Failure to submit the form will result in the bid being deemed unresponsive.

I, ______, certify that I inspected various sites regarding the Township Tree Lighting Bid, including at least the following locations:

1. Town Green Park 2099 Lake Robbins Drive The Woodlands, TX 77380

2. Waterway Square Park 31 Waterway Square Place The Woodlands, TX 77380

3. Boardwalk at Hughes Landing (address approximate – the boardwalk runs behind the north side of Restaurant Row) 1900 Hughes Landing Blvd The Woodlands, TX 77381

4. Waterway Avenue from Woodlands Parkway to Lake Robbins Drive The Woodlands, TX 77380

5. Creekside Park Village Green 26400 Kuykendahl Drive The Woodlands, TX 77389

______Date(s) of Visit

______am/pm______Time(s) of Visit

______Signature

______Name (please print)

______Company

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Conflict of Interest Questionnaire

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References

Please provide information from three (3) references of similar work scope, representing experience within the past five (5) years:

1. Agency/Company:

Contact Name:

Contact Phone:

Products delivered:

2. Agency/Company:

Contact Name:

Contact Phone:

Products delivered:

3. Agency/Company:

Contact Name:

Contact Phone:

Products delivered:

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Statement of Qualifications

DATE SUBMITTED ______

All questions must be answered, and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Firm may submit any additional information that is pertinent.

1. Name of Firm - ______

2. Permanent main office address - ______

3. If a corporation, where incorporated - ______

4. How many years have you been engaged in the tree lighting install and maintenance service business? Under what firm or trade names and how long under each? ______

______

5. Contracts on hand (show gross dollar amount of each contract and the anticipated date of completion): ______

______

6. Are you licensed as Contractor in the State of Texas? Yes_____ No_____ If “Yes”, please provide Contractor numbers?

______

7. General character of work performed by your firm - ______

8. Has your firm ever failed to complete any work awarded to you? Yes____ No____ If “Yes”, where and why? ______

______

9. Has your firm ever defaulted on a contract? Yes____ No____ If “Yes”, where and why? ______

______

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10. List 5 projects of similar size and scope:

Firm Name Contract Value Contact Information

1.______

2.______

3.______

4.______

5.______

11. Are any lawsuits pending against you or your firm at this time? Yes____ No____ If “Yes”, PROVIDE DETAILS.

______

12. Have any charges been filed against you or your firm or the bidding entity with the Texas Office of Contract Compliance, the Equal Opportunity Commission, the State of Texas Civil Rights Commission, or any other similarly constituted entity charges by any state or local government with the enforcement of anti- discrimination legislation or regulations? Yes____ No____ If “Yes”, PROVIDE DETAILS.

______

13. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Associations in verification of the recitals compromising this Statement of Bidder’s Qualifications.

DATED AT ______, this____ day of ______, 20_____.

______(Name of Bidder)

By ______(Signature)

Title ______

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Bid Bond Sample

BID BOND – Sample - (Bid Bond Required with Bid Submittal)

KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, ______as Principal and ______, a ______duly organized under the laws of the State of ______as Surety, are hereby held and firmly bound unto The Woodlands Township as Oblige in the lesser sum of either $3,900 or 2% of Principal’s Bid Amount for the payment of which sum will and truly to be made, the Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents.

WHEREAS, the above-named Principal submitted a bid for ______.

NOW, THEREFORE, (1) if the Oblige shall accept the Bid of the Principal and the Principal and Oblige shall execute The Township-Contractor Agreement which is part of these Contract Documents and the Principal shall provide all Bonds, as required by the Contract Documents, and the Principal shall, in all other respects, perform any obligations due the Oblige as a result of the submission of its Bid, or (2) the Oblige shall reject the Principal’s Bid, or fail to execute The Township-Contractor Agreement within 7 days of receipt from the CONTRACTOR, then this obligation shall be null and void, but otherwise it shall remain in full force and effect.

ATTEST: ______PRINCIPAL

______

By: ______(Principal) Secretary

(SEAL)

______(Address)

______

______(Witness as to Principal)

______(Address)

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PERFORMANCE BOND (Sample)

______, as principal, hereinafter call the CONTRACTOR, and ______, as surety, with general offices in ______, a corporation organized under the laws of the State of ______, and authorized to transact business in the State of Texas, are hereby bound unto The Woodlands Township, as oblige, in the sum of 100% of the value of the Contract amount in United States currency, for the payment of which sum the CONTRACTOR and surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. WHEREAS, the CONTRACTOR has entered into a written contract with the Township dated September 16, 2019, for Township Tree Lighting Services in accordance with plans and specifications referenced in the Contract associated with the 2019 - 2022 Township Tree Lighting Services C-2019-0201R

NOW THEREFORE, the conditions of this performance bond are such that, if the CONTRACTOR shall satisfactory perform the Contract for thirty-five (35) months, then this bond shall be null and void; otherwise, the surety shall pay the full amount of this performance bond. In addition, if the CONTRACTOR or his subcontractor shall fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by such CONTRACTOR or his subcontractor is performance of the Contract or shall fail to duly pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work, then the surety shall pay the same in an amount not exceeding the sum specified in the bond together with interest at a rate of eight percent per annum.

THE UNDERSIGNED SURETY for value received hereby agrees that no extension of time, change in, addition to, or other modification of the terms of the Contract to be performed thereunder or of the specifications of the contract documents shall in any way affect its obligations on this bond and the surety does hereby waive notice of any such extension of time, change, addition, or modifications.

EXECUTED on this ______day of ______, 2019

BY: ______(Contractor) ATTEST:

BY: ______By: ______(President) (Surety Company)

By: ______By: ______(Secretary) (Attorney-in-Fact)

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Subcontractors

LIST OF SUBCONTRACTORS (Required with Bid Submittal)

Please list all subcontractors to be used and work that they will perform as part of this bid. Bidder certifies that all Subcontractors listed are eligible and legally able to perform the Work.

Subcontractor's Name Subcontractor’s Type of Work

If no Subcontractors are to be used, please make this page with the word NO SUBCONTRACTORS WILL BE USED The Contractor whose Bid is accepted shall not substitute for a Subcontractor who is named herein, without written approval from The Woodlands Township.

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Insurance Requirements

Contractor agrees to procure and maintain at all times, at Contractor’s sole cost and expense, during the performance of the Work and for so long as this Contract remains in effect, policies of insurance with carriers reasonably acceptable to the Owner in the minimum amounts outlined below:

a. Worker’s compensation and employer’s liability coverage complying with the applicable laws of the State of Texas, covering all employees, agents and representatives of Contractor and all subcontractors engaged in any manner in performance of the Work. Employer’s liability coverage shall have a minimum limit of $100,000 for liability arising out of any accident related to the Work. b. Comprehensive general liability insurance, including Contractor’s protective liability, in Contractor’s name, with combined bodily injury and property damage of not less than $1,000,000 per occurrence, and will include, without limitation, the following coverages: (1) XCU Coverage, (2) Contractual Liability Coverage, (3) Completed Operations and/or Products Liability Coverage, commencing with issuance of Final Certificate for Payment, and extending for at least two (2) years from that date, and (4) (X), (C) and (U) exclusions shall be removed. c. Comprehensive Automobile Liability Insurance, with combined single limit bodily injury and property damage of not less than $1,000,000 per occurrence. Such coverage shall include owned, hired and non-owned vehicles of Contractor or Contractor’s employees, agents, representatives or subcontractors. d. Contractor shall require all of its subcontractors to provide the foregoing coverages, as well as any other coverage that Contractor considers necessary. Contractor will require that all subcontractors maintain a comprehensive commercial general liability policy with a minimum limit of at least $500,000 per occurrence. Any exclusion shall first be approved by Owner. It is the responsibility of the Contractor to assure compliance with this provision. The Woodlands Township accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. e. All insurance policies required by this Section 7 shall contain a clause waiving any right of subrogation against The Woodlands Township. Insurance policies under (b), and (c), shall include The Woodlands Township as an additional insured. f. With reference to the foregoing insurance requirement, Contractor shall specifically endorse applicable insurance policies as follows: (1). The Woodlands Township shall be named as an additional insured with respect to General Liability and Automobile Liability. (2). All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. (3). A waiver of subrogation in favor of The Woodlands Township shall be contained in the Workers Compensation and all liability policies. (4). All insurance policies shall be endorsed to require the insurer to immediately notify The Woodlands Township of any material change in the insurance coverage. (5). All insurance policies shall be endorsed to the effect that The Woodlands Township will receive at least sixty- (60) days' notice prior to cancellation or non-renewal of the insurance. (6). All insurance policies, which name The Woodlands Township as an additional insured, must be endorsed to read as primary coverage regardless of the application of other insurance. (7). Required limits may be satisfied by any combination of primary and umbrella liability insurances.

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(8). Contractor may maintain reasonable and customary deductibles, subject to approval by The Woodlands Township. (9). Insurance must be purchased from insurers that are financially acceptable to The Woodlands Township.

All insurance must be written on forms filed with and approved by the Texas Department of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting the following:

a. Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein. b. Shall specifically set forth the notice-of-cancellation or termination provisions to The Woodlands Township. c. All contractors and subcontractors must be meeting minimum OSHA safety requirements as applicable to their operations.

Contractor shall, before the Contract is signed, and at any time following execution thereof at the request of the Owner, furnish Owner with a certificate and proof of such additional endorsements or other documentary evidence that the aforementioned insurance policies have been procured with such additional endorsements, that premiums have been paid and that such policies remain in place. Such certificate or other evidence shall bear an agreement that Owner will be given thirty (30) days prior written notice by the Insurance Company furnishing the certificate before the insurance is cancelled or changed in any manner or for any reason during the period of coverage as stated on the certificate.

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Area Map with Tree Lighting Locations

[1] Town Center Streetscape On this page: 114 trees

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[1] Town Center Streetscape, continued… 121 trees

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[1] Town Center Streetscape, continued… 90 trees

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[1] Town Center Streetscape, continued… 64 trees

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[2] Waterway Square Park 30 trees

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[3] Town Green Park 24 trees

Tree #319 in front of the gravel maze is being removed on about 4/18/19, but it will be replaced soon. Total of 21 wrapped tress will remain in the Main Lawn area.

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[4] Hughes Landing Streetscape, Boardwalk, & Parks 53 trees

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[5] Creekside Park Village Green 13 trees 2 pergolas

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Tree Lighting Locations (509) – Map Legend

Numbers here indicate the total number of WRAPPED trees to be serviced under this contract in a given area

[1] Town Center Streetscape (389)

• Six Pines Drive (33) o Heading NB from Woodlands Parkway to Lake Robbins Dr., there are a total of 5 trees; o Heading SB from Lake Robbins Dr. to Woodlands Parkway, there are a total of 28 trees;

• Lake Robbins Drive (96) o Heading EB from Six Pines Dr. to Woodloch Forest Dr., there is a total of 58 trees; o Heading WB from Woodloch Forest Dr. to Six Pines Dr., there is total of 38 trees;

• Waterway Avenue (76) o Heading NB from Woodlands Parkway to Lake Robbins Dr., there is a total of 44 trees; o Heading SB from Lake Robbins Dr. to Woodlands Parkway, there is a total of 32 trees;

• Waterway Square Place (40) o In-between the buildings at 21 and 25 Waterway Ave., (west of Waterway Ave. on the way to the Marriott Hotel) there is a total of 6 trees; o Heading EB from Waterway Ave. to Woodloch Forest Dr., there is a total of 14 trees; o Heading WB from Woodloch Forest Dr. to Waterway Ave., there is a total of 20 trees;

• Fountains Plaza (11) o Heading NB from Waterway Square Pl. to Lake Robbins Dr., there is a total of 6 trees; o Heading SB from Lake Robbins Dr. to Waterway Square Pl., there is a total of 5 trees;

• Woodloch Court (10) o Heading NB from Waterway Square Pl. to Lake Robbins Dr. there is a total of 7 trees; o Heading SB from Lake Robbins Dr. to Waterway Square Pl. there is a total of 3 trees;

• Woodloch Forest Drive (29) o Heading NB from Timberloch Pl. to the Mall Ring Road there is a total of 5 trees; o Heading SB from the Mall Ring Road to Timberloch Pl. there is a total of 19 trees; o Off the SB side of the road, along a walkway staircase from Waterway Square Pl. down to the Waterway level, there is a total of 5 trees;

• Timberloch Place (94) o Heading EB from Six Pines Dr. to Woodloch Forest, there is a total of 69 trees; o Heading WB from Woodloch Forest Dr. to Waterway Ave., there is a total of 25 trees;

[2] Waterway Square Park (30) • Upper Level (at Waterway Square Pl. street level) there is a total of 13 trees; • Lower Level (at Waterway level) there is a total of 17 trees;

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[3] Town Green Park (24) • On the west side of the park along the main lawn there is a total of 21 trees; • On the west side of the park south of the trolley path there is a total of 3 trees; • On the east of the park there are no wrapped trees at this time;

[4] Hughes Landing Streetscape & Boardwalk (53)

• Hughes Landing Boulevard (32) o Heading NB from Lake Woodlands Dr. to the Embassy Suites there is a total of 13 trees; o Heading SB from the Embassy Suites to Lake Woodlands Dr., there is a total of 19 trees;

• Boardwalk at Hughes Landing (12) o Heading NB from the end of Restaurant Row along the lake, there is a total of 4 trees; o Heading EB from the corner behind Truluck’s to the Band Shell, there is a total of 4 trees; o Heading further EB from the Band Shell to Hughes Landing Blvd., there is a total of 4 trees;

• Aviator Way (9) o Heading EB from Hughes Landing Blvd. to Lake Front Circle, there is a total of 5 trees; o Heading WB from Lake Front Circle to Hughes Landing Blvd., there is a total of 4 trees;

[5] Creekside Park Village Green (13 trees plus 2 pergolas) • 6 trees on north side of the green • 7 trees on south side of the green • 2 pergolas, one north west and one south east

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Sample Tree Pictures

[1] Sample Tree Wrapped: Daytime

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[2] Sample Tree Wrapped: Nighttime

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[3] Sample Tree Close-up: Daytime

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[4] Sample Pergola Close-up: Daytime

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Tree Lighting Services 2019‐2022, #C‐2019‐0201R (due July 31, 2019) Attachment C‐ Bid Tabulation

The Christmas Light Company Décor IQ The Perfect Light

TOWN CENTER Occurrences Units Unit Cost Total Costs Unit Cost Total Costs Unit Cost Total Costs Installation 1 496$ 215.00 $ 106,640.00 $ 312.57 $ 155,034.72 $ 373.69 $ 185,350.24 Monthly Maintenance Cost 10 496$ 5.00 $ 2,480.00 $ 3.75 $ 1,860.00 $ 6.45 $ 3,199.20 Total Maintenance (10 Months)$ 24,800.00 $ 18,600.00 $ 31,992.00 Town Center Annual Subtotal: $ 131,440.00 $ 173,634.72 $ 217,342.24 VILLAGE GREEN Occurrences Units Unit Cost Total Costs Unit Cost Total Costs Unit Cost Total Costs Installation ‐ trees 1 13$ 215.00 $ 2,795.00 $ 270.80 $ 3,520.40 $ 373.69 $ 4,857.97 Installation ‐ pergolas 1 2$ 450.00 $ 900.00 $ 315.68 $ 631.36 $ 333.33 $ 666.66 Monthly Maintenance Cost ‐ trees 12* 13$ 5.00 $ 65.00 $ 3.75 $ 48.75 $ 8.98 $ 116.74 Monthly Maintenance Cost ‐ pergolas 12* 2$ 5.00 $ 10.00 $ 10.00 $ 20.00 $ 16.67 $ 33.34 Total Maintenance (12 Months)$ 900.00 $ 825.00 $ 1,800.96 Village Green Annual Subtotal: $ 4,595.00 $ 4,976.76 $ 7,325.59 PERFORMANCE BOND Occurrences Units Total Costs Total Costs Total Costs Annual Price 1 1$ 4,000.00 $ 4,820.40 $ 4,500.00 Contract Value (Annual x3) 3 1 $ 12,000.00 $ 14,461.20 left blank $ 13,500.00 TOTAL ANNUAL VALUE$ 140,035.00 $ 183,431.88 $ 229,167.83 TOTAL CONTRACT VALUE* $ 420,105.00 $ 550,295.64 $ 687,503.49

* While the bid document indicated that Village Green service would be for 12 months annually, the Bid Tabulation Form incorrectly indicated that service would be for 10 months annually. In this tabulation staff has corrected that discrepancy. Pursuant to the bid document, page 1, number 2, "discrepancies between the multiplication of units of work and the unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum will be resolved in favor of the correct sum."

Add Alternate 1 ‐ Increased cost of one (1) additional service check per week The Christmas Light Company Décor IQ The Perfect Light

Occurrences Units Unit Cost Total Costs Unit Cost Total Costs Unit Cost Total Costs TOWN CENTER 10 496$ 2.00 $ 9,920.00 left blank $ 30,504.00 $ 4.30 $ 21,328.00 VILLAGE GREEN (trees) 12 13$ 2.00 $ 312.00 left blank $ 799.50 $ 5.98 $ 932.88 VILLAGE GREEN (pergolas) 12 2$ 2.00 $ 48.00 left blank $ 200.00 left blank unknown TOTAL ANNUAL VALUE$ 10,280.00 $ 31,503.50 $ 22,260.88 TOTAL CONTRACT VALUE $ 30,840.00 $ 94,510.50 $ 66,782.64

Add Alternate 1 is not recommended at this time, but could be added to the scope within the existing budgetary limits

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon the Federal Transit Administration mandated three-year final update to The Woodlands Township Disadvantaged Business Enterprise (DBE) goal setting as required by 49 CFR Part 26;

FISCAL IMPACT: None

BACKGROUND: Every three years, direct recipients of federal funding must calculate and publish proposed Disadvantaged Business Enterprise (DBE) goals to comply with U.S. Department of Transportation (USDOT) 49 CFR Part 26 DBE program requirements. The DBE program is a federally-funded program administered by the Federal Transit Administration (FTA) and is intended to provide contracting opportunities to small businesses owned and controlled by socially and economically disadvantaged individuals. The Woodlands Township will take reasonable steps to ensure that DBEs have the maximum opportunity to participate in the performance of contracts financed, in whole or in part, with financial assistance from the USDOT.

At the July 18, 2019 Board of Directors meeting, the Board received information regarding the draft DBE policy statement update and the 45-day public comment period ending August 8, 2019. To date, no comments have been received. The draft form of the policy has been determined final with no changes from the draft presented to the Board on July 19, 2019 (See Attachment A).

RECOMMENDATION: Receive and approve an update to the Township's FTA required Disadvantaged Business Enterprise policy.

Attachments Attachment A - FINAL TWT DBE Policy Update August 2019

POLICY STATEMENT

DRAFT as of June 2019

OBJECTIVES/POLICY STATEMENT Section 26.1, 26.23

The Woodlands Township (“Township”) has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the Federal Transit Administration (FTA). The Township has received federal financial assistance from the Department of Transportation (DOT), and as a condition of receiving this assistance, the Township has signed an assurance that it will comply with Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs, 49 CFR Part 26.

It is the policy of the Township to facilitate, and assure that each Prime or Subcontractor participating on Township DOT-assisted contracts, will facilitate DBE participation by:

1. Complying with Title 49 CFR Part 26 of Federal Regulation; 2. Not discriminating on the basis of race, color, religion, national origin, sex, disability, or age; 3. Implementing the Township’s DBE program; and 4. Verifying DBE Certification.

The Deputy Director of Community Services has been delegated as the DBE Liaison Officer (DBELO). In that capacity, the Deputy Director of Community Services is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the Township in its financial assistance agreements with the DOT.

The Township has disseminated this policy statement to its Board of Directors and all transit- related components within the Township. The Township will distribute this statement to DBE and non-DBE business communities that perform work for the Township on DOT-assisted contracts. This statement shall be included in all DOT-funded solicitation packages and communicated to local business groups and governments, chambers of commerce, and community organizations.

______Don Norrell Date President / General Manager The Woodlands Township

Page 1 of 19

GENERAL REQUIREMENTS Objectives – Section 26.1

The objectives are found in the policy statement on the first page of this program.

Applicability – Section 26.3

The Township is the recipient of FTA funds authorized by Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), and all extensions; Moving Ahead for Progress in the 21st Century Act (MAP-21) and, Fixing America’s Surface Transportation Act (FAST Act).

Definitions – Section 26.5

The Township accepts the definitions contained in 49 CFR Section 26.5 for this program.

Non-discrimination Requirements – Section 26.7

The Township will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, religion, national origin, sex, disability, or age.

In administering its DBE program, the Township will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, religion, national origin, sex, disability, or age.

Reporting and Record Keeping Requirements – Section 26.11

Reporting to FTA : 26.11(b)

The Township will report DBE participation to DOT on a semi-annual basis using the Uniform Report of DBE Awards or Commitments and Payments Form.

Bidders List: 26.11(c)

The Township will create a bidders list, consisting of information about all DBE and non-DBE firms that wish to respond to, bid or quote on DOT-assisted contracts. The purpose of this requirement is to allow use of the bidders’ list approach to calculating overall goals. The bidders’ list will include the name, address, DBE or non-DBE status, age, and annual gross receipts of the firms.

The Township will collect this information either by electronic means via the internet for advertised solicitations, or by including a contract clause requiring prime bidders/offerors to all information of subcontractors as indicated above.

Assurances – Section 26.13

Every financial assistance agreement the Township signs with the DOT will include the following assurance per 26.13(a):

The Township shall not discriminate on the basis of race, color, religion, national origin, sex, disability, or age in the award and performance of any FTA-assisted contract, in the administration of its DBE program, or the requirements of 49 CFR

Page 2 of 19

Part 26. The Township shall take all necessary and reasonable steps under Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The Township's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq. ).

Each contract the Township signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) or sub-recipient must include the following assurance per 26.13(b):

The contractor, subcontractor or sub-recipient shall not discriminate on the basis of race, color, religion, national origin, sex, disability, or age in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor, subcontractor or sub-recipient to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Township deems appropriate.

ADMINISTRATIVE REQUIREMENTS DBE Program Updates – Section 26.21

Since the Township has received, or will receive, a grant of $250,000 or more in DOT planning capital, and/or operating assistance, the Township will continue to carry out this program, until all funds from DOT financial assistance have been expended. The Township will provide updates to DOT representing significant changes in the program on an as needed basis and routinely every three (3) years.

Policy Statement – Section 26.23

The Policy Statement is provided on the first page of this program document.

DBE Liaison Officer (DBELO) – Section 26.25

The DBELO is responsible for implementing all aspects of the Township’s DBE program. The DBELO has direct, independent access to the Township’s President/General Manager concerning DBE program matters. An organization chart showing the DBELO’s position in the organization is found in Attachment A. The Township has designated the following individual as the Township’s DBELO:

Ruthanne Haut Deputy Director – Community Services Transportation & Infrastructure Services Department 2801 Technology Forest Blvd. The Woodlands, TX 77381 281-210-3800 [email protected]

DBE Financial Institutions – Section 26.27

The DBELO will investigate the availability of financial institutions owned and controlled by socially and economically disadvantaged individuals in our community every three (3) years.

Page 3 of 19

Additionally, the Township will make reasonable efforts to use these institutions and encourage prime contractors to use such institutions either through reference to the Township DBE Program or by including such language in solicitations.

Prompt Payment Mechanisms – Section 26.29

Prompt Payment: 26.29(a)

The Township will include the following clauses in each DOT-assisted prime contract:

The Contractor shall pay all subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the Contractor’s receipt of payment from the Township for that work.

Retainage: 26.29(b)

Per the above referenced section, if retainage is utilized in a DOT-assisted contract, the Prime contractor shall return retainage payments to each subcontractor after the subcontractor’s work is satisfactorily completed.

Reporting

Contractor shall report DBE participation on a monthly basis on the Contractor Payment Report Form, Attachment F.

Monitoring and Enforcement: 26.29(d)

See Attachment C, Monitoring and Enforcement.

Directory – Section 26.31

See Attachment B, regarding the Texas Uniform Certification Program Directory and other Certifying Agencies.

Overconcentration – Section 26.33

The Township has not identified that overconcentration exists in the types of work that DBEs perform. If such overconcentration is identified, the Township will employ mechanisms and approvals for remedy per 26.33(a) and (b).

Business Development Programs – Section 26.35

The Township has not established a business development program. The Township will re- evaluate the need for a business development program every three (3) years.

Monitoring and Enforcement Mechanisms – Section 26.37

The Township shall employ mechanisms of enforcement as may be accorded to by Federal, State, and Local laws. See Attachment C, Monitoring and Enforcement.

Small Business Participation – Section 26.39

Business Size

Page 4 of 19

The Township will require prime bidders/offerors to verify that subcontractors participating as Small Business Enterprises meet the criteria as set forth by the Small Business Administration, and will independently verify such claims on a periodic basis.

Encouraging Participation

The Township will endeavor to facilitate competition on DOT-assisted projects by small business concerns (both DBEs and non-DBE small businesses) either by: unbundling large contracts; or, encouraging bidders on large contracts to identify and/or provide specific subcontracts appropriate for small business participation. Additionally, The Woodlands Township plans to award additional points for proposals or bids that show a viable DBE strategy that meets the Township’s goal.

For contracts without DBE contract goals, the Township may require prime contractors to identify subcontracting opportunities that small businesses can reasonably perform, rather than self- performing all the work. During the procurement process and subsequent contract, and in order to meet the requirements of 26.39, the bidder/offeror may be required to:

• Identify work for small businesses and attempt to subcontract the work with small businesses. If the contractor cannot subcontract with a small business, then the contractor will be required to submit proof of their good faith efforts to find small businesses to perform the work;

• Verify the small business is eligible to participate as a small business.

• Submit Form 1: Disadvantaged Business Enterprise/Small Business Enterprise Utilization form (Attachment E) with the bid or proposal;

• Submit Form 2: Disadvantaged Business Enterprise/Small Business Enterprise Letter of Intent (Attachment E), which is completed by the small business, with the bid or proposal.

Identifying Certified Small Businesses

The Township recognizes, through reciprocity, the Small Business Certification process employed by the Harris County Metropolitan Transit Authority (METRO). METRO’s Small Business Program and a listing of certified small businesses can be located at: http://www.ridemetro.org/Opportunities/BusDev.aspx

GOALS, GOOD FAITH EFFORTS, AND COUNTING Set-asides or Quotas – Section 26.43

The Township does not use set-asides and/or quotas in the administration of the Township’s DBE program.

Overall Goals – Section 26.45

General Policy

In accordance with Section 26.45(f) the Township will submit its overall goal to DOT by August 1st at three (3) year intervals based on a schedule as specified by DOT. The Township may adjust the three-year overall goal during the three-year period to reflect changed circumstance with FTA approval.

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As part of establishing the overall goal every three (3) years, the Township will consult with local agencies and organizations, trade groups, and local contractors to determine the availability of DBEs and non-DBEs, the effects of discrimination on opportunities for DBEs, and Township’s efforts to improve the participation of DBEs.

Township’s website for a 30-day comment period. The notice will inform the public about the proposed goal, the rationale for establishing the goal and an address where comments can be sent. At the end of the 30-day period the Township will adopt the goal and submit an updated policy to the FTA. The Township’s goal submission to FTA will include the comments received during the public comment process and the Township’s responses, if needed. The Township will begin using the overall goal on October 1 of the year adopted unless the Township receives other instructions from FTA.

Overall Goal

The Township has established an overall goal of six percent (6%) DBE participation on DOT- assisted contracts based on contracts anticipated and programmed to be solicited over the next three (3) years.

Methodology

The Township’s goal is based on the availability of DBEs ready, willing, and able to perform on contacts as indicated in the “Overall Goal” section above.

Specifically: • The Township identified the total number of establishments (by NAICS code) from the U.S. Census County Business Patterns data; • The Township identified a three-year forecast of contracts likely to be let, classified by work category (NAICS code), and each contract’s percentage of the overall dollar-volume of work; • The Township identified the relative availability of DBEs ready, willing, and able (by NAICS code) to perform the work anticipated to be let; • A Base Figure was calculated using weighting; • Adjustments were taken into consideration (based on previous goals); and, • An adjusted overall goal was established.

Calculations for the Township’s overall goal are detailed in Attachment D.

Goal Setting and Accountability – Section 26.47

If the awards and commitments shown on the Township’s Uniform Report of Awards or Commitments and Payments at the end of any fiscal year are less than the overall goal, the Township will conduct a DBE Shortfall Analysis which would include:

• Analyzing in detail the reasons for the difference between the overall goal and the actual awards/commitments; and, • Establish specific steps and milestones for the next fiscal year to correct the problems identified.

Transit Vehicle Manufacturers Goals – Section 26.49

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The Township will require each transit vehicle manufacturer (TVM), as a condition of being authorized to propose on FTA-assisted transit vehicle procurements, to certify that it has complied with the requirements of Section 26.49.

Race-Neutral and Race-Conscious Participation – Section 26.51

The Township anticipates meeting the overall goal of six percent (6%) through 100 percent race- neutral means.

However, if the Township through its yearly DBE utilization analysis should determine that using a race-conscious method in order to meet its overall goal becomes necessary, it shall, at its discretion and with guidance from the regional DOT Civil Rights coordinator, utilize contract goals.

Good Faith Efforts Procedures – Section 26.53

If the Township should decide to pursue meeting the overall goal by utilizing contract goals, the following shall apply:

Demonstration of Good Faith Efforts (26.53(a) & (c))

The Township will deny award of a contract to a bidder/offeror that does not either: (1) meet the contract goal with verified, countable DBE participation; or (2) documents it has made adequate good faith efforts to meet the DBE contract goal, even though it was unable to do so. It is the obligation of the bidder/offeror to demonstrate it has made sufficient good faith efforts prior to submission of its bid. The DBELO is responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsive.

Information to be Submitted (26.53(b))

For all DOT-assisted contracts for which a contract goal has been established, the Township will require the bidders/offerors to submit the following information:

• The names and addresses of subcontractors that will participate in the contract; • A description of the work that each subcontractor will perform; • Whether the firm is a DBE, non-DBE, or a Small Business; • The ethnic code, as described in the form; • The age of the firm; • The annual gross receipts from the firm; • The dollar amount of the participation of each DBE firm participating; • Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal (Attachment E, Form 1); • Written and signed confirmation from the DBE or Small Business subcontractor that it is participating in the contract as provided in the prime contractors commitment (Attachment E, Form 2) and • If the contract goal is not met, evidence of good faith efforts by the Prime.

Administrative Reconsideration (26.53(d))

Within 15 days of being informed by the Township that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following reconsideration official:

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Ms. Kellan Shaw Administrative Reconsideration Official 2801 Technology Forest Blvd. The Woodlands, TX 77381 Phone 281-210-3800 E-mail: [email protected]

The reconsideration official will not have played any role in the original determination that the bidder/offeror did not document sufficient good faith efforts.

As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the Township’s reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. The Township will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to FTA or DOT.

Good Faith Efforts when a DBE is Terminated/Replaced on a Contract (26.53(f))

The Township requires that prime contractors not terminate a DBE subcontractor listed on a bid/offer/contract with a DBE contract goal without the Township’s prior written consent. Prior written consent will only be provided where there is “good cause” for termination of the DBE subcontractor, as established by Section 26.53(f)(3).

The prime contractor must give notice in writing to the DBE subcontractor of its intent to terminate before transmitting its request to terminate the DBE or substitute a DBE subcontractor to the Township. A copy of this notice must be provided to the Township prior to consideration of the request to terminate or substitute. The DBE subcontractor will then have five (5) days to respond and advise the prime contractor of why it objects to the proposed termination.

In those instances where “good cause” exists to terminate a DBE’s subcontract, the Township will require the prime contractor to make good faith efforts to replace a DBE subcontractor that is terminated or has otherwise failed to complete its work on a contract with another certified DBE subcontractor, to the extent needed to meet the contract goal. If the prime contractor is unable to find another DBE subcontractor to perform the work, the Township will require the prime contractor to obtain the Township’s prior approval to substituting a non-DBE subcontractor and provide documentation of good faith efforts.

If the prime contractor fails or refuses to comply with the good faith efforts to terminate or replace a DBE subcontractor, then the Township may take action against the prime contractor as defined in Attachment C, Monitoring and Enforcement.

Sample Bid Specification:

The requirements of 49 CFR Part 26, Participation by Disadvantaged Business Enterprises in DOT Financial Assistance Programs, apply to this contract. It is the policy of the Township to practice nondiscrimination based on race, color, religion, national origin, sex, disability, or age in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. A DBE contract goal of six percent (6%) has been established for this contract. The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26

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(Attachment G), to meet the contract goal for DBE participation in the performance of this contract.

The bidder/offeror will be required to submit the following information: (1) the names and addresses of subcontractors that will participate in the contract; (2) a description of the work that each subcontractor will perform; (3) whether the subcontractor is a DBE, non- DBE, or a Small Business; (4) the ethnic code, as described in the form; (5) the age of the firm; (6) the annual gross receipts from the firm; (7) the dollar amount of the participation of each DBE firm participating; (8) Written documentation of the bidder’s/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal (Form 1); (9) Written confirmation from the DBE subcontractor that it is participating in the contract as provided in the commitment made under (8) (Form 2); and (10) if the contract goal is not met, evidence of good faith efforts.

Counting DBE Participation: Section 26.55

The Township will count DBE participation toward overall and contract goals as provided in Section 26.55.

CERTIFICATION STANDARDS

Unified Certification Program: Section 26.81

The Woodlands Township is NOT a certifying agency. A list of certifying agencies can be found in Attachment B. For DBE certification standards please refer to the Texas Unified Certification Program (TUCP).

COMPLIANCE AND ENFORCEMENT

Information, Confidentiality, Cooperation: Section 26.109

Consistent with Federal, state, and local law, the Township will safeguard third party information from disclosure that may reasonably be regarded as confidential business information. Pursuant to the Texas Public Information Act, none of the information that the prime contractor, DBE, and non-DBE subcontractors submits to the Township under the Township’s DBE program is confidential.

Monitoring Work / Payments to DBEs

The Township will require prime contractors to maintain records and documents of payments to DBEs for three (3) years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the Township, FTA and/or DOT. This reporting requirement also extends to any certified DBE subcontractor.

The Township will perform interim audits of contract payments to DBEs. The audit will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the Contractor Payment Report Form.

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ATTACHMENTS

Attachment A The Woodlands Township Organizational Chart Attachment B Texas Unified Certification Program Directory and other Certifying Agencies Attachment C Monitoring and Enforcement Mechanisms Attachment D Overall Goal Setting Calculation Attachment E Form 1 & 2 for Demonstration of Good Faith Efforts Attachment F Contractor Payment Report Form Attachment G 49 CFR Part 26, Participation by Disadvantaged Business Enterprises in Department Of Transportation Financial Assistance Programs

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Attachment A

The Woodlands Township Organizational Chart

Don Norrell President/General Manager

John Powers Monique Sharp Robin Cross Assistant GM Assistant GM Township Attorney Community Finance Services

Ruthanne Haut Deputy Director of Community Services

Jan Phillips Matt Kouns Vacant Position Administrative Financial Analyst Transit Planner Assistant II

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Attachment B

Texas Uniform Certification Program Directory and other Certifying Agencies

The Woodlands Township is NOT a certifying agency.

Prime offerors/bidders may obtain the latest version of the Texas Unified Certification Program DBE Information Directory on the Texas Department of Transportation website at: https://www.txdot.gov/inside-txdot/division/civil-rights/tucp.html

Additional DBE Certifying Agencies

City of Houston http://www.houstontx.gov/obo/index.html

City of Austin http://www.austintexas.gov/department/small-and-minority-business/about

Corpus Christi Regional Transportation Authority https://www.ccrta.org/news-opportunities/dbe-certifications/

North Central Texas Certification Agency http://www.nctrca.org/

South Central Texas Certification Agency https://sctrca.org/

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Attachment C

Monitoring and Enforcement Mechanisms

The Township will use the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26.

Monitoring

The Township will conduct and document periodic field reviews of DBE activities and DBE subcontractor interviews to verify that work committed to DBEs at contract award is performed by the DBEs and that the Contractor’s monthly Contractor Payment Report Form (Attachment F) is accurate.

The Township will keep a running tally of payments made to DBE firms for work committed to them at the time of contract award by reviewing the Contractor’s monthly Contractor Payment Report Form (Attachment F) and recording the payments.

The Township will monitor the Contractor’s compliance with the Township’s DBE program and provide electronic certification in the Transportation Award Management System (TrAMS) system (or such system as shall supersede the TrAMS system) for every contract/project in which DBEs are participating.

The Township will bring to the attention of the DOT any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can investigate the alleged conduct. The Township may consider similar action under the Township‘s legal authorities.

Enforcement

The Township may enforce contractual DBE requirements by:

• Suspending payment, or part thereof, until issues concerning compliance are resolved; • Stopping contractor work; and/or Terminating the contract.

The federal government may enforce DBE requirements under any applicable United States code or regulation.

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Attachment D

Overall Goal Calculations

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Attachment E

Forms 1 & 2 for Demonstration of Good Faith Efforts

FORM 1: DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION

The undersigned bidder/offeror has satisfied the requirements of the bid specifications in the following manner (please check the appropriate space):

___The bidder/offeror is committed to a minimum of ___ % DBE utilization of this contract.

___The bidder/offeror (if unable to meet the DBE goal of ___ %) is committed to a minimum of ___ % DBE utilization on this contract and submits documentation demonstrating good faith efforts.

Name of bidder/offeror’s firm: ______

State Registration No.: ______

By: ______(Signature) Title

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Attachment G

49 CFR Part 26

A copy of Title 49 Code of Federal Regulation, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs, can be viewed at: http://www.ecfr.gov/cgi-bin/text- idx?SID=0de0a5414b51f9a2781420c93ceebf88&node=49:1.0.1.1.20.2.18.9&rgn=div8

Or, the latest revision of the guidance can be requested from the DBELO.

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Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon Incorporation Planning Study matters (as requested by Chairman Bunch);

FISCAL IMPACT: BACKGROUND: This agenda item will be placed on the agenda for each of the Township Board of Directors meetings in 2019 at the request of Chairman Bunch.

In early 2018, the Township engaged consulting firms to assist with the incorporation planning process. The incorporation planning study includes public input opportunities, a financial and benchmarking/best practices analysis, a tax rate study, an assessment of law enforcement needs, a pavement management study, and a review of infrastructure management alternatives (such as the structure of MUDs and water services).The Matrix Consulting Group was the lead consultant in 2018 and The Novak Consulting Group performed a parallel financial analysis. In December 2018, the Board contracted with The Novak Consulting Group to take the lead role for the remainder of the study.

Throughout 2018, the Township Board held regularly scheduled planning sessions to review and discuss the Incorporation Planning Study and substudy reports with contracted consulting firms. In 2019 and for the remainder of the study process, planning sessions will be scheduled with representatives of The Novak Consulting Group as needed. Additional information on the study and all reports submitted to date can be found on the study website at www.TheWoodlandsIncorporationStudy.com.

The purpose of this item is to allow Directors at each of their posted and scheduled meetings to discuss issues that are specific to the incorporation planning process.

RECOMMENDATION: Board to determine action.

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon a briefing from The Woodlands Joint Powers Agency and San Jacinto River Authority on responding to the Texas Water Development Board request for feedback on implementing flood legislation from the 86th Texas Legislative Session (as requested by Director Snyder);

FISCAL IMPACT: N/A

BACKGROUND: The 86th Texas Legislature passed, during the 2019 legislative session, flood-related legislation, including Senate Bill (SB) 7, SB 8, SB 500 and House Joint Resolution 4. The legislation, as enacted, expands the role of the Texas Water Development Board (TWDB) related to flood planning and financing.

The TWDB recently released the document, Flood Implementation Issues for Stakeholder Consideration and Request for Feedback, and has an open comment period for the document until August 31, 2019. Additionally, the TWDB is hosting a series of public meetings and webinars throughout the state related to the implementation plans.

Representatives from The Woodlands Joint Powers Agency (WJPA) and San Jacinto River Authority (SJRA) will make a presentation regarding the TWDB implementation plans and public comment period for the flood legislation.

Senate Bill 7: Senate Bill 7 amends the Water Code to set out provisions relating to flood planning, mitigation, and infrastructure projects. Among other provisions, the bill creates the flood infrastructure fund to be used by the TWDB for, among other things, the provision of financial assistance to eligible political subdivisions for flood projects. The bill's flood infrastructure fund provisions take effect January 1, 2020, contingent on voter approval of the constitutional amendment proposed by House Joint Resolution 4.

Senate Bill 7 creates the Texas infrastructure resiliency fund to be administered by the TWDB. The bill provides for a federal matching account, a temporary Hurricane Harvey account and a contingent flood plan implementation account in the resiliency fund to be used for specified purposes, and for the transfer of the existing floodplain management account to the resiliency fund. The bill provides for a Texas Infrastructure Resiliency Fund Advisory Committee to advise the TWDB regarding the use of money in the resiliency fund. The bill requires an applicable state agency that uses or disburses federal money for flood research, planning, or mitigation projects to submit a quarterly report to the TWDB regarding such money. The bill amends the Insurance Code to make a conforming change. Except as otherwise provided, the bill took effect June 13, 2019.

Senate Bill 8: Senate Bill 8 amends the Water Code to require the TWDB, every five years, to prepare and adopt a comprehensive state flood plan that incorporates approved regional flood plans. The bill sets out requirements for the state flood plan and requires the TWDB, in coordination with the Texas Commission on Environmental Quality (TCEQ), the Department of Agriculture, the General Land Office, the Parks and Wildlife Department, the Texas Division of Emergency Management, and the State Soil and Water Conservation Board, to adopt guidance principles for the state flood plan that reflect the public interest of the entire state. The bill creates the temporary State Flood Plan Implementation Advisory Committee to review the overall operation, function, and structure of the state flood plan and rules adopted by the TWDB to implement the plan.

Senate Bill 8 requires the TWDB to designate flood planning regions corresponding to each river basin, provide technical and financial assistance to flood planning groups, and adopt guidance principles for regional flood plans. The bill provides for the designation of the flood planning group for a flood planning region and sets out the adoption and approval process for a regional flood plan.

Senate Bill 8 amends the Agriculture Code to require the State Soil and Water Conservation Board, every 10 years, to prepare and adopt a plan describing the repair and maintenance needs of certain flood control dams. The bill requires the board to deliver the adopted plan to the TWDB and requires the TWDB, in coordination with the board and TCEQ, to prepare a report of the repair and maintenance needs of certain failed dams.

House Joint Resolution 4: House Joint Resolution 4 proposes an amendment to the Texas Constitution, to be voted on by voters at the November 2019 election, to create the flood infrastructure fund as a special fund in the state treasury, outside the general revenue fund, to be administered and used by the TWDB to provide financing for a drainage, flood mitigation, or flood control project.

RECOMMENDATION: Accept the report.

Attachments Flood Implementation Issues for Stakeholder Consideration and Request for Feedback FAQ for 86th Texas Legislative Session Flood Legislation

Texas Water Development Board Implementation of Flood Legislation from the 86th Texas Legislative Session

Issues for Stakeholder Consideration and Request for Feedback

July 29, 2019

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P.O. Box 13231, 1700 N. Congress Ave. Austin, TX 78711-3231, www.twdb.texas.gov Phone (512) 463-7847, Fax (512) 475-2053

July 29, 2019

Dear stakeholders:

The Texas Water Development Board (TWDB) is pleased to present issues for stakeholder consideration related to the implementation of flood-related legislation passed by the 86th Texas Legislature, including Senate Bill (SB) 7, SB 8, SB 500, and House Joint Resolution 4.

With the passage of this legislation, the 2019 Texas Legislature and Governor Abbott greatly expanded the TWDB’s role in flood planning and financing. The TWDB will now be administering a new state flood planning program. This program establishes a state and regional flood planning process, with flood planning regions based on river basins. The first regional flood plans will be due in 2023, and the first state flood plan will be due September 1, 2024.

The legislature also authorized a one-time transfer of $793 million from the state’s Economic Stabilization or “Rainy Day” Fund to create a new flood funding program to be administered by the TWDB. The program is designed to make the implementation of drainage and flood projects more affordable for Texas communities and to meet immediate needs for funding. The funding will become available in 2020.

The TWDB is working to get these programs up and running as quickly as possible and to hire staff for these new roles. Prior to formal rulemaking activities this fall, we are seeking input on a variety of issues, including but not limited to:

• Administration of funding for flood control planning and drainage, flood mitigation, and flood control projects • Creation of regional and state flood planning process and related requirements • Potential flood planning region boundaries • State and regional flood planning guidance principles

. Our Mission . Board Members . To provide leadership, information, education, and . Peter M. Lake, Chairman │ Kathleen Jackson, Board Member │Brooke T. Paup, Board Member . support for planning, financial assistance, and . outreach for the conservation and responsible . development of water for Texas . Jeff Walker, Executive Administrator

July 29, 2019 Page 2

The information included in this packet is intended to generate discussion and to solicit specific feedback that will inform formal rulemaking and other implementation efforts. Written feedback is requested by August 30, 2019 and should be submitted to [email protected].

We will also be hosting stakeholder workshops around the state the first two weeks of August (see schedule in Attachment 1); these will include presentations on implementation efforts and issues for stakeholder consideration as well as opportunities for giving formal comments and for informal discussions with TWDB staff and board members.

We invite you to join us in these discussions and look forward to working with you over the coming months to create new state programs that will better protect Texans against the loss of life and property from flooding. For further information, feel free to contact us at (512) 463-8725 or [email protected].

Sincerely,

Jeff Walker Executive Administrator

Contents

SB 7: State Flood Funding Issues for Consideration...... 6 Issue 1: Form of Financial Assistance ...... 6 Issue 2: Prioritization System ...... 7 Issue 3: What Projects Get Prioritized ...... 9 Issue 4: Property Buyouts ...... 10 Issue 5: Memorandum of Understanding with All Other Political Subdivisions in the Watershed ...... 10 Issue 6: Flood Control Planning ...... 11 Issue 7: What Have We Not Thought About? ...... 11 SB 8: State and Regional Flood Planning Issues for Consideration ...... 12 Issue 1: Planning Group Membership...... 12 Issue 2: Planning Standards and Parameters ...... 13 Issue 3: Planning Area Boundaries ...... 13 Issue 4: Benefit-Cost Analysis ...... 14 Issue 5: Neighboring Area Impacts ...... 14 Issue 6: Flood Planning Guidance Principles ...... 14 Issue 7: Preliminary Outline for Flood Planning Rules ...... 17

Attachments Attachment 1: Flood Implementation Workshop Schedule Attachment 2: Texas River Basins Basics Map Attachment 3: Option A: Potential Flood Planning Region Boundaries Map Attachment 4: Option B: Potential Flood Planning Region Boundaries Map Attachment 5: Preliminary Outline for Flood Planning Rules

TWDB 5

SB 7: State Flood Funding Issues for Consideration As provided by SB 7, HJR 4, and appropriations through SB 500, the new flood funding program will provide grants and low-cost loans for drainage, flood mitigation, and flood control projects.

Issue 1: Form of Financial Assistance SB 7 provides that financial assistance to political subdivisions can either be in the form of a grant, loan, or some combination of both. The program can provide a greater amount of total funding over time if a larger portion of financial assistance is in the form of low- interest loans, since loans are repaid by borrowers, unlike grants, which provide no repayment stream once they are awarded. For instance, if the TWDB provides financial assistance in the form of 75 percent grants and 25 percent loans at zero-percent, the total financial assistance amount available for recommitment in 20 years will be about $198 million. In contrast, if the TWDB provides financial assistance in the form of 25 percent grants and 75 percent zero-interest loans, then the total amount available in 20 years will be $593 million.

The following scenario charts provide examples of the amounts available over 5, 10, and 20-year time periods, using three different loan interest rate assumptions:

Scenario 1: 75 Percent Grants; 25 Percent Loans Funding Available Time Period 0% Interest Rate 1% Interest Rate 2% Interest Rate In 5 years $31,210,000 $37,251,175 $43,494,400 In 10 years $83,235,000 $94,383,300 $106,067,150 In 20 years $197,690,000 $220,025,550 $243,523,900

Scenario 2: 25 Percent Grants; 75 Percent Loans Funding Available Time Period 0% Interest Rate 1% Interest Rate 2% Interest Rate In 5 years $93,630,000 $111,411,450 $130,477,900 In 10 years $249,700,000 $282,717,425 $318,176,650 In 20 years $593,065,000 $659,469,800 $730,569,300

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Given that the amount of funding is limited and the needs for financial assistance are significant:

• How should the TWDB determine the amount of grants verses loans? • What is the maximum amount of a low-interest loan the TWDB can provide for this to be a viable program (low-interest, zero-interest, or some combination)? • How should the TWDB evaluate an entity’s ability to repay a loan in determining qualifications for grant funding? • Should local match be required?

Issue 2: Prioritization System SB 7 provides that the TWDB is to prioritize projects based on a point system that is designed to prioritize projects that mitigate the loss of life and property due to flooding.

• What types of projects do you consider having the most impact mitigating loss of life and property? • How can these criteria ensure the best use of state funds as a complement to local and federal funding? • Should there be funding set aside for particular types of activities or projects? • Should the program address needs for repair and rehabilitation of existing infrastructure that manages floodwaters?

Which of the following criteria should the TWDB use in its point system? Are there any additional criteria that should be added to this list?

1. Severity of existing potential flood risk hazard to life and property (using existing Flood Insurance Rate Maps [FIRMs])? a) Associated with entity’s overall jurisdiction? b) Associated only with area benefitting from proposed project? 2. Flood risk reduction to life from project (what and how to measure?): a) Expected reduction in flood fatalities (mitigation of loss of life)? b) Population entirely removed from flood zone (including population within Special Flood Hazard Areas)? c) (Existing population served by project) x (the average number of feet flood elevation reduction for those people)? d) Emergency response benefits (open roads/communications/etc.)? e) Reduction in number of critical facilities at risk (such as hospitals)?

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f) Reduction in likelihood of sudden infrastructure failure (residual risks associated with a levee)? 3. Flood risk reduction to property from project (what and how to measure?): a) Value of property entirely removed from flood zone? b) Relative percent of value of property removed from flood zone? c) Reduction in flood depth for benefiting properties? d) Protection of agricultural resources – reduction in flood depth/acreage inundated? e) Reduction in likelihood of infrastructure failure (residual risks associated with a levee)? 4. Benefit to cost ratio of project: a) As simple threshold (e.g., must be >1.0), or b) As sliding/weighted prioritization factor? 5. Diverse urban/non-urban benefits (e.g., points for broad watershed project rather than individual community benefits)? 6. Distribution of funds in terms of: a) geography? b) between river basins? c) across population centers? d) structural/nonstructural mitigation? 7. Consider greater benefits of “regional” projects (includes multiple partners/jurisdictions within a watershed)? 8. Area subject to repeated historical flood events (e.g., consideration of “repetitive loss” structures)? 9. Recommended by existing multi-jurisdictional flood planning group? 10. Meets high percentage of overall flood hazard risk mitigation needs (e.g., per hazard/flood mitigation plans) of the jurisdiction of the applicant? 11. Provides benefits to neighboring watersheds? 12. Annual Median Household Income (AMHI) associated with project? Or other socioeconomic index, such as a social vulnerability index? What geographical area should be considered to determine this? a) Applicant jurisdiction? or b) limited to only the benefitting area of project? 13. Local contribution or other funding including non-state matching funds? a) as percentage of overall project?

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b) as absolute dollar amount? 14. Emergency need for project? 15. Readiness to proceed with actual construction phase of project (permits, plans & specs, agreements, etc. as required in statute)? 16. Financial, managerial, and technical capacity of applicant to successfully implement and maintain the flood project? 17. Water supply benefit of the flood project? 18. Additional benefits to natural resources or other multiple benefits of the project? 19. Expedites delivery of federal projects? 20. Regulation of development in floodplain by applicant exceeds NFIP minimum standards?

Issue 3: What Projects Get Prioritized A prioritization system assumes that the TWDB will have a number of projects to prioritize at one time. The TWDB has experience with two priority systems; the system used for the State Water Implementation Fund for Texas (SWIFT) program and the system used for the Clean Water and Drinking Water State Revolving Fund (SRF) programs.

In the SWIFT system, the TWDB announces an annual call for applications. Political subdivisions submit an abridged application that gives the TWDB enough information to rank all the projects in that round of applications. After the projects are prioritized, the Board announces which applicants rank within funding availability. Selected applicants have a short period of time to prepare a full application, typically two to three months.

In the SRF system, the TWDB calls for information on all potential applicants that wish to seek funding in the following year. The TWDB gathers the information and ranks the projects in a published Intended Use Plan that serves as the priority list for the following year.

• Which system do you think would work best for flood financial assistance? Can you suggest an alternative method for prioritization, including any applications for federal financial assistance with prioritization systems that the TWDB could use as a model? • Are there other program deadlines that should be considered when developing a funding cycle?

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Issue 4: Property Buyouts Property buyouts are a tool that local communities use to minimize future flood damages to homes and businesses, often in frequently flooded areas.

• Should the financial assistance be available for political subdivisions that want to use the money to purchase private property to prevent future flood losses? • How could state funds be used to complement federal buyout programs? • What benefits should be considered when determining rank in project prioritization? • What requirements for future land use should be placed upon properties that are bought out?

Issue 5: Memorandum of Understanding with All Other Political Subdivisions in the Watershed Texas statutes require that for flood control project funding, at the time of application, the applicant must have entered into a Memorandum of Understanding (MOU), similar to a contract, with all other political subdivisions in the watershed. TWDB staff suggests implementing this requirement as follows:

The applicant shall delineate the Project Watershed by estimating the area substantially affected by the proposed flood project both upstream and downstream of the project. The Project Watershed shall be estimated using the best available data with analysis performed in accordance with sound engineering principles and practices. The Project Watershed must be documented in the project application and signed and sealed by a licensed Professional Engineer. The TWDB will perform a technical review of the applicant’s initial estimation of the affected area.

Estimates of the affected area may be revised as projects advance from planning to final design. Revisions may be necessitated by the collection of additional data, development of more refined modeling tools, refinement of design criteria, or other factors. Revisions are the responsibility of the applicant and are subject to review and approval by the TWDB. If a revision of the affected area results in the identification of additional political subdivisions affected by the project, the applicant is responsible for notifying those entities, seeking their cooperation, and documenting their cooperation via a revised MOU.

It is in the best interest of timely project completion to delineate the initial estimate of the affected area as accurately as possible and, when in doubt, to overestimate the

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extent of the affected area and begin cooperation with political subdivisions within that area.

An MOU is not required for non-structural mitigation projects that do not divert, redirect, impede, or otherwise modify the flow of water.

• Do you have suggestions to improve this approach? • What should the MOU contain and what other considerations would a political subdivision want to address in the MOU?

Issue 6: Flood Control Planning SB 7 allows for funding of “flood control planning,” including planning for flood protection; preparing applications for and obtaining regulatory approvals at the local, state, or federal level; activities associated with administrative or legal proceedings by regulatory agencies; and preparing engineering plans and specifications to provide structural or nonstructural flood mitigation and drainage.

• How can these activities be funded so that they are not duplicative of regional flood planning, to be implemented via SB 8 (see next section)? • Should these activities be funded through the TWDB’s existing Flood Protection Planning grant program, provided that they coordinate with and do not duplicate regional flood planning activities?

Issue 7: What Have We Not Thought About? • What other issues do you see that the TWDB faces for this program? • What other issues do potential program participants face? • How do you suggest that we address those issues?

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SB 8: State and Regional Flood Planning Issues for Consideration SB 8 creates the framework for the first state flood plan in Texas through the creation of regional flood planning groups to be delineated, guided, and supported by the TWDB. This process will be analogous to the regional water supply planning process that has been in place since 1997; however, the process will address statewide flood risks within the context of the geographic features and topography of watersheds rather than political boundaries.

The bill requires the TWDB to designate flood planning regions corresponding to each river basin, to provide financial and technical assistance to flood planning groups, and to adopt guidance principles for state and regional flood planning. The TWDB has the authority to divide river basins to avoid impracticably large areas for efficient planning. The TWDB will designate representatives from each flood planning region to serve in the initial planning group based on a process of solicitation for nominations, nomination review, and initial member selection by the TWDB. Once formed, the initial flood planning groups will be able to designate additional members.

The bill requires the regional flood planning groups to submit a regional flood plan to the TWDB by January 10, 2023 and requires the TWDB to prepare and adopt a comprehensive state flood plan before September 1, 2024, and every five years thereafter. The purpose of the plans will be to provide for orderly preparation and response to flood conditions, serve as a guide to state and local flood policy, and, when possible, contribute to water supply development. The state flood plan will incorporate regional flood plans submitted by flood planning groups established by the bill.

SB8 requires the state flood plan to include an evaluation of the condition and adequacy of flood infrastructure on a regional basis, a ranked statewide list of ongoing and proposed flood mitigation projects and strategies, an analysis of flood projects included in the previous state flood plans, an analysis of development in the 100-year floodplain, and legislative recommendations to facilitate flood control planning and project construction.

Issue 1: Planning Group Membership SB 8 requires that the initial flood planning group include adequate representation from the interests in its region, including the public, counties, municipalities, industries, agricultural interests, environmental interests, small businesses, electric generating utilities, river authorities, water districts, and water utilities. The flood planning group shall maintain adequate representation from those interests. In addition, the TWDB, the TCEQ, the General Land Office, the Parks and Wildlife Department, the Department of

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Agriculture, the State Soil and Water Conservation Board, and the Texas Division of Emergency Management each shall appoint a representative to serve as an ex officio member of each flood planning group.

• Are the minimum membership requirements of the flood planning groups adequate or should there be additional voting or non-voting membership categories added to all of the flood planning groups? If so, what are the categories of membership? • For major river basins that are split between flood planning groups, should those particular planning groups have an additional, non-voting member that acts as a liaison with the other planning group within that same river basin?

Issue 2: Planning Standards and Parameters SB 8 did not provide specific scale and scope parameters for the new planning process and did not provide definitions to distinguish drainage and stormwater issues from flooding. The proposed guidance principles (Issue 4) and the Preliminary Outline for Flood Planning Rules (Issue 7 and Attachment 4) provide starting points for discussion on these topics:

• What is the best way to incorporate a lower limit on the scale of flood projects that should be considered by regional flood planning process? a. Minimum size of contributing watershed area? b. Flood hazard risk threshold? c. Size of flood mitigation project? • What timeframe should the planning horizon cover (10 years, 20 years, 30 years, etc.) and how should the process address future growth, changing conditions, and uncertainties? • What specific flood risk reduction goals and standards should the plans seek to achieve, and what is the acceptable level of risk that will remain even after the state goals are fully met? • What flexibility should the planning groups have in determining the scale and scope of their plans, recognizing that all groups must meet certain minimum planning standards and criteria?

Issue 3: Planning Area Boundaries SB 8 specified that flood planning region boundaries be designated by the TWDB corresponding to river basins. Rulemaking is anticipated to include separate but overlapping processes for designating the initial flood planning group membership by the TWDB once flood planning boundaries are determined.

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Included are three maps for reference and consideration: • Attachment 2: Texas River Basin Basics map, for reference only, that displays all the river basins of Texas that underly and help explain the A and B Options • Attachment 3: Option A: Potential Flood Planning Region Boundaries • Attachment 4: Option B: Potential Flood Planning Region Boundaries Considering the need to balance the necessary technical and administrative support for the planning groups with manageable TWDB staff workloads: • How should the larger river basins be divided? • How should the smaller river basins be combined with other basins? • How should the coastal basins be addressed?

Issue 4: Benefit-Cost Analysis Weighing the benefits (e.g., reduction in loss of life and damage to property) against the costs (e.g., capital investment plus operation and maintenance) of proposed flood projects:

• How should the benefit-cost ratio of proposed projects be considered? • What are the pros and cons of different benefit-cost calculation methods? • How do you think an associated reduction in loss of life should be reflected in such a benefit-cost evaluation? • How should project success be defined?

Issue 5: Neighboring Area Impacts SB 8 requires that the TWDB approve a regional flood plan if the agency determines that the plan does not negatively affect a neighboring area.

• Should there be an allowance to recommend a flood mitigation project that could result in negative impacts to a neighboring area so long as a flood planning group also incorporates a related but separate project to mitigate that negative impact?

Issue 6: Flood Planning Guidance Principles Similar to regional and state water supply planning, SB 8 requires that the TWDB adopt guidance principles for the state flood plan that reflect the public interest of the entire state. The TWDB is required to review and revise the guidance principles, with input from the commission, the Department of Agriculture, the General Land Office, the Parks and Wildlife Department, the Texas Division of Emergency Management, and the State Soil and

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Water Conservation Board as necessary and at least every fifth year to coincide with the five-year cycle for adoption of a new state flood plan.

The following preliminary guidance principles have been developed in coordination with the other agencies:

• Have these principles been crafted to adequately reflect the public interest of the entire state? Are there any that are missing?

Development of the regional and state flood plans shall be guided by the following principles. The regional and state flood plans:

1) shall be a guide to state, regional, and local flood risk1 management policy. 2) shall focus on: identifying both current and future flood hazard exposure2 and flood hazard risks3; selecting achievable flood risk hazard reduction goals, as determined by each flood planning group for their region; and incorporating strategies and projects to reduce the identified risks accordingly. 3) shall, at a minimum, evaluate flood hazard exposure to life and property associated with 0.2 percent annual chance (the 500-year flood) and, in these efforts, shall not be limited to consideration of historic flood events. 4) shall, at a minimum, evaluate flood hazard risk to life and property associated with 1.0 percent annual chance (the 100-year flood) and address, through recommended strategies and projects, the flood risk reduction goals of the regional flood planning group (per item 2 above) associated with a 1.0 percent annual chance (the 100-year flood); and, in these efforts, shall not be limited to consideration of historic flood events. 5) shall consider various types of flooding risks that pose a threat to life and property, including, but not limited to, riverine flooding, engineered structure failures, slow rise flooding, ponding, flash flooding, and coastal flooding. 6) shall be limited to include only flood mitigation strategies and projects with a contributing drainage area greater than or equal to 1.0 (one) square miles except in instances of flooding of critical facilities or routes of egress.

1 Flood Risk generally refers to the likelihood of consequences from flood events to life and property. 2 Flood Hazard Exposure analysis involves a limited, high-level representation of flood risk. Flood Hazard Exposure describes, in general terms, who and what may be harmed by a flood hazard. It relies primarily on GIS tools and does not generally require extensive Hydrologic or Hydraulic modelling efforts. 3 Flood Hazard Risk analysis provides sufficient information to determine the economic efficiency of alternative flood risk strategies to make strategy and project decisions and requires the availability of and extensive use of Hydrologic and Hydraulic models and takes into account exposure as just one of the factors. Flood Risk is typically expressed as a combination of the likelihood and consequence of an entire range of possible hydrologic events for a given area and produces, among other things, estimates of expected annual damage (EAD). TWDB 15

7) shall consider the potential upstream and downstream impacts, including environmental, of potential flood strategies (and associated projects) on neighboring areas. In recommending strategies, flood planning groups shall ensure that no neighboring area is adversely affected by the regional flood plan or that any anticipated negative impacts to a neighboring area are adequately mitigated through associated strategies in the regional flood plan. 8) shall include an assessment of existing flood infrastructure and will recommend both new strategies and projects that will further reduce risk, beyond what existing flood strategies and projects were designed to provide, and make recommendations regarding required expenditures to address deferred maintenance on or repairs to existing flood infrastructure. 9) shall include the estimate of costs and benefits at a level of detail sufficient for flood planning groups and sponsors of flood mitigation projects to understand project benefits and, when applicable, compare the relative benefits and costs, including environmental benefits and costs, between feasible options. 10) shall provide for the orderly preparation for and response to flood conditions to protect against the loss of life and property. 11) shall provide for an achievable reduction in flood risk at a reasonable cost to protect against the loss of life and property from flooding. 12) shall be supported by state agencies, including the TWDB, General Land Office, Texas Commission on Environmental Quality, Texas State Soil and Water Conservation Board, Texas Parks and Wildlife Department, and the Texas Department of Agriculture, working cooperatively to avoid duplication of effort and to make the best and most efficient use of state and federal resources. 13) shall include recommended strategies and projects that provide effective and economical management of flood risk to people, properties, and communities. 14) shall include strategies and projects that provide for a balanced consideration of structural and nonstructural flood risk mitigation measures, including projects that use nature-based features, that lead to long-term mitigation of flood risk. 15) shall contribute to water supply development where possible. 16) shall also follow all regional and state water planning guidance principles (31 TAC 358.3) in instances where recommended flood projects also include a water supply component. 17) shall be based on decision-making that is open to and accountable to the public with full dissemination of planning results except for those matters made confidential by law. 18) shall be based on established terms of participation that shall be equitable and shall not unduly hinder participation. 19) shall be based on the best available science, data, models, and flood mapping.

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20) shall include flood risk mitigation strategies and projects recommended by the flood planning groups that are based upon identification, analysis, and comparison of all flood risk mitigation strategies the flood planning groups determine to be potentially feasible to meet flood hazard risk reduction goals. 21) shall consider land-use and floodplain management policies and approaches that support short- and long-term flood hazard risk reduction goals. 22) shall consider natural systems and beneficial functions of floodplains, including flood peak attenuation and ecosystem services. 23) shall work in accordance with the National Flood Insurance Program (NFIP) and shall not undermine participation in nor the incentives or benefits associated with the NFIP. 24) shall emphasize the fundamental importance of floodplain management policies that reduce flood risk. 25) shall, when possible, encourage flood mitigation design approaches that work with, rather than against, natural patterns and conditions of floodplains. 26) shall not cause long-term impairment to the designated water quality as shown in the state water quality management plan as a result of a recommended flood risk mitigation strategy or project. 27) shall be based on identifying common needs, issues, and challenges; achieving efficiencies; fostering cooperative planning with local, state, and federal partners; and resolving conflicts in a fair, equitable, and efficient manner. 28) shall include recommended strategies and projects that are described in sufficient detail to allow a state agency making a financial or regulatory decision to determine if a proposed action before the state agency is consistent with an approved regional flood plan. 29) shall include ongoing flood projects that are in the planning stage, have been permitted, or are under construction. 30) shall include legislative recommendations that are considered necessary and desirable to facilitate flood risk mitigation planning and implementation to protect life and property. 31) shall be based on coordination of flood risk mitigation planning, strategies, and projects with local, regional, state, and federal agencies projects and goals.

Issue 7: Preliminary Outline for Flood Planning Rules The TWDB has developed a preliminary outline for flood planning rules, included as Attachment 5, for stakeholder consideration. These rules will guide the development of the state and regional flood plans and will be the basis for technical guidance that will provide

TWDB 17 additional information on the required methods, content, and format of information to be contained in each regional flood plan.

• What other issues do you see that the TWDB faces for this program? • What other issues do the flood planning groups face? • How do you suggest that we address those issues?

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Attachment 1: Flood Implementation Workshop Schedule

This page left intentionally blank. Flood Stakeholder Workshops Date Worksh op details Tuesday, August 6 LCRA Riverside Conference Center J. Mich ael & Bridget Sh ah an Events 1405 Willow St. Center at Lamar State College Bastrop, TX 78602 209 W. Green Ave. 9:30-11:30 a.m. Orange, TX 77630 9:30-11:30 a.m. Wednesday, August 7 Ornelas Activity Center at Th e University of Tex as at Tyler 3402 Old Omen Rd. Tyler, TX 75707 9:30-11:30 a.m. Thursday, August 8 El Paso Water’s TecH2O Learning Trinity River Auth ority General Office Center 5300 S. Collins St. 10751 Montana Ave. Arlington, TX 76018 Lubbock El Paso, TX 79935 9:30-11:30 a.m. ! 9:30-11:30 a.m. Arlington Friday, August 9 McKenzie-Merket Alumni Center Beckendorf Conference Center at Abilene ! Tyler 1666 University Ave. Lone Star College–Tomball ! ! Lubbock, TX 79410 30555 Tomball Pkwy. 9:30-11:30 a.m. Tomball, TX 77375 ! El Paso San Angelo 9:30-11:30 a.m. ! Tuesday, August 13 Guadalupe Basin Natural Resource City of Lake Jackson Civic Center Center 333 HWY 332 E. Upper Guadalupe River Authority Lake Jackson, TX 77566 Bastrop Tomball Orange Kerrville! ! ! ! 125 Lehmann Dr. 9:30-11:30 a.m. ! Kerrville, TX 78028 Houston 9:30-11:30 a.m. Lake Jackson ! Wednesday, August 14 Th e Cactus Hotel Saltw ater Pavilion at Rockport Beach 65 E. Twohig Ave, 15th floor 210 Seabreeze Dr. Rockport San Angelo, TX 76903 Rockport, TX 78382 ! 9:30-11:30 a.m. 9:30-11:30 a.m. Thursday, August 15 Abilene Convention Center Tex as A&M High er Education Center 1100 N. 6th St. at McAllen Abilene, TX 79601 6200 Tres Lagos Blvd. McAllen 9:30-11:30 a.m. McAllen, TX 78504 ! 9:30-11:30 a.m. Monday, August 19 Online w ebinar Online w ebinar 9:30-11:30 a.m. 5:30 p.m. - 7:00 p.m. The webinar will be online at: The webinar will be online at: http://texasadmin.com/tx/twdb/. http://texasadmin.com/tx/twdb/. Friday, August 23 Houston City Hall Council Chamber, 2nd floor 901 Bagby St. Houston, TX 77002 9:30-11:30 a.m.

Updated August 13, 2019

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Attachment 2:

Texas River Basin Basics Map

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1 DRAFT USGS 8-digit HUC: A hydrologic unit is a ¹ This map displays the drainage area current river basin delineated to nest in a delineations in Texas. multi-level, hierarchical 2 drainage system. The 8- digit HUCs on this map represent the fourth 3 level of classification, 12 which serve as the 4 cataloging unit of the hierarchical system. 8 5

14 6

23 10 9 7 18 19 16 11 15 13 Estimated Projected 21 17 Basin Number of 2020 2050 Number HUC 8s Population Population 20 1 15 191,515 248,401 2 27 643,543 800,159 3 3 192,180 234,088 4 4 151,125 181,672 HUC 8s 5 6 616,264 882,794 22 County Boundaries 6 7 711,091 888,335 7 2 251,784 308,719 8 12 7,847,722 11,715,272 9 1 44,175 53,877 10 4 5,377,145 7,186,082 Major River Basins 11 2 1,272,500 1,720,836 1. Canadian 9. Trinity-San Jacinto 17. Lavaca-Guadalupe 12 25 3,144,341 4,564,273 2. Red 10. San Jacinto 18. Guadalupe 13 2 87,535 129,990 14 26 2,337,661 3,434,347 3. Sulphur 11. San Jacinto-Brazos 19. San Antonio 15 1 25,547 28,797 4. Cypress 12. Brazos 20. San Antonio-Nueces 16 2 50,943 55,727 5. Sabine 13. Brazos-Colorado 21. Nueces 17 2 53,432 65,905 6. Neches 14. Colorado 22. Nueces-Rio Grande 18 4 616,025 996,499 19 4 2,225,335 3,117,098 7. Neches-Trinity 15. Colorado-Lavaca 23. Rio Grande 20 4 126,912 136,182 8. Trinity 16. Lavaca 21 11 235,751 302,664 22 8 1,918,153 2,967,811 23 36 1,562,992 2,253,606

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Attachment 3: Option A: Potential Flood Planning Region Boundaries Map

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A1 DRAFT ¹

A9 A3

A6 A11 A4

A8 A5

A16 A10 A7 A12 A13

Option A Planning Boundaries A14 County Boundaries Urban Areas X1 Circled reg ions differ between options A15

Reg ion A1 – Canadian Reg ion A2 – Upper Red Reg ion A3 – Lower Red-Sulphur-Cy press Reg ion A4 – Sabine Factors in boundary selection: Reg ion A5 – Neches  Overall number of regions: 16 Reg ion A6 – Trinity  Coastal basins were combined with an adjacent mainstem river basin based on: o potential to be influenced by interbasin flooding Reg ion A7 – San Jacinto o ongoing coastal management efforts Reg ion A8 – Lower Brazos-San Bernard o stream contributions to bays Reg ion A9 – Upper Brazos  Large river basins (Rio Grande, Colorado, Brazos, Red) were divided: o where existing reservoirs provided a clear break point Reg ion A10 – Lower Colorado-Lavaca o while preserving USGS HUC-8 boundaries Reg ion A11 – Upper Colorado  Small river basins (Cypress, Lavaca, Sulphur) were combined with larger basins based on: o similar types of flooding Reg ion A12 – Guadalupe o small populations Reg ion A13 – San Antonio o potential administrative constraints Reg ion A14 – Nueces Reg ion A15 – Lower Rio Grande Reg ion A16 – Upper Rio Grande

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Attachment 4: Option B: Potential Flood Planning Region Boundaries Map

This page left intentionally blank. Option B: Potential Flood Planning Region Boundaries DRAFT ¹ B1

B8 B2

B5 B10 B3

B7 B4

B14 B9

B11

B12 Option B Planning Boundaries County Boundaries Urban Areas

X1 Circled reg ions differ between options B13

Reg ion B1 – Canadian-Upper Red Factors in boundary selection: Reg ion B2 – Lower Red-Sulphur-Cy press  Overall number of regions: 14 Reg ion B3 – Sabine  Coastal basins were combined with an adjacent mainstem river basin based on: o Potential to be influenced by interbasin flooding Reg ion B4 – Neches o ongoing coastal management efforts Reg ion B5 – Trinity o stream contributions to bays  Large river basins (Rio Grande, Colorado, Brazos, Red) were divided: Reg ion B6 – San Jacinto o where existing reservoirs provided a clear break point o while preserving USGS HUC-8 boundaries Reg ion B7 – Lower Brazos-San Bernard  Smaller river basins (Canadian, San Antonio, Guadalupe, Sulphur, Cypress, Lavaca) Reg ion B8 – Upper Brazos combined with larger basins based on: o local flooding concerns, resource constraints, and population Reg ion B9 – Lower Colorado o similar types of flooding Reg ion B10 – Upper Colorado o small populations o potential administrative constraints Reg ion B11 – San Antonio-Guadalupe-Lavaca o preserving certain municipal boundaries (Amarillo, Victoria) Reg ion B12 – Nueces Reg ion B13 – Lower Rio Grande Reg ion B14 – Upper Rio Grande

This page left intentionally blank. Attachment 5: Preliminary Outline for Flood Planning Rules

CHAPTER 391 REGIONAL FLOOD PLANNING

SUBCHAPTER A GENERAL INFORMATION

§391.10 Definitions and Acronyms Flood Mitigation Strategy (FMS) - A plan to manage flood hazard risk. A flood mitigation strategy may or may not require associated Flood Mitigation Strategy Projects to be implemented. Flood Mitigation Strategy Project (FMSP) - Flood project that has a non-zero capital costs and that when implemented would address a flood hazard risk. HUC – Hydrologic Unit Code level (e.g., HUC8) as delineated by the United States Geological Survey. Flood Risk - generally refers to the likelihood of consequences from flood events to life and property. Flood Hazard Exposure Assessment - describes, in general terms, who and what may be harmed by a flood hazard. Flood Hazard Risk Assessment – analysis provides sufficient information to determine the economic efficiency of alternative flood risk strategies to inform strategy and project decisions and requires the availability of and extensive use of hydrologic and hydraulic models. Analysis takes into account exposure as just one of the factors.

§391.11 Designations of Flood Planning Regions

[*SEE ACCOMPANYING MAPS IN ATTACHMENTS 3 AND 4 FOR POTENTIAL FLOOD PLANNING REGION BOUNDARIES*] Flood planning region boundaries will be designated by the TWDB and will be based on river basins or combinations of river basins or subdivisions of basins all following watershed boundaries. Rulemaking is anticipated to include separate but overlapping processes for designating the initial flood planning group membership by Board once flood planning boundaries are determined.

These processes are anticipated to be carried out in a manner similar to that used in implementing Senate Bill 1 Regional Water Planning whereby rules, planning region boundaries, and initial planning group membership occur simultaneously under separate processes. Rules to require periodic review of regional boundaries with the potential to modify flood planning region boundaries.

Membership - Food planning groups shall maintain at least one representative of each of the following interest categories as voting members of the flood planning group. However, if a flood planning region does not have an interest on the category below, then the flood planning group shall so advise the Executive Administrator and no membership designation is required. a) Public, defined as those persons or entities having no economic interest in the interests represented by the remaining membership categories other than as a normal consumer; b) Counties, defined as the county governments for the 254 counties in Texas; c) Municipalities, defined as governments of cities created or organized under the general, home-rule, or special laws of the state; d) Industries, defined as corporations, partnerships, sole proprietorships, or other legal entities that are formed for the purpose of making a profit and which produce or manufacture goods or services and which are not small businesses; e) Agricultural interests, defined as those persons or entities associated with the production or processing of plant or animal products; f) Environmental interests, defined as those persons or groups advocating the conservation of the state's natural resources, including but not limited to soil, water, air, and living resources; g) Small businesses, defined as corporations, partnerships, sole proprietorships, or other legal entities that are formed for the purpose of making a profit, are independently owned and operated, and have fewer than 100 employees or less than $1 million in gross annual receipts; h) Electric generating utilities, defined as any persons, corporations, cooperative corporations, or any combination thereof, meeting each of the following three criteria: own or operate for compensation equipment or facilities which produce or generate electricity; produce or generate electricity for either wholesale or retail sale to others; and are neither a municipal corporation nor a river authority; i) River authorities, defined as any districts or authorities created by the legislature which contain areas within their boundaries of one or more counties and which are governed by boards of directors appointed or designated in whole or part by the governor or board; j) Water Districts, defined as any districts or authorities, created under authority of either Texas Constitution, Article III, §52(b)(1) and (2), or Article XVI, §59 including districts having the authority to regulate the spacing of or production from water wells, but not including river authorities; and

k) Water Utilities, defined as any persons, corporations, cooperative corporations, or any combination thereof that provide water supplies for compensation except for municipalities, river authorities, or water districts. l) Additional representatives to ensure adequate representation from the interests in the region.

The flood planning groups shall add the following non-voting members, who shall receive meeting notifications and information in the same manner as voting members: o Staff member of the TWDB to be designated by the Executive Administrator; o Staff member of the Texas Commission on Environmental Quality designated by its commissioner, o Staff member of the General Land Office designated by its commissioner, o Staff member of the Texas Parks and Wildlife Department designated by its executive director; o Staff member of the Texas Department of Agriculture designated by its commissioner, o Staff member of the State Soil and Flood Conservation Board designated by its executive director; o Staff member of the Texas Division of Emergency Management designated by its chief; and o [Considering also including] Member liaisons designated by each Flood Planning Group representing portions of split major river basins to coordinate between the upstream and downstream Flood Planning Regions within that same river basin.

§391.12 General Flood Planning Group Responsibilities and Procedures To require the following activities of each flood planning group: a) Designate a political subdivision as a representative of the flood planning group eligible to apply for financial assistance for scope of work and Request for Proposal development b) Hold at least one required initial public meeting at a central location readily accessible to the public within the flood planning region to gather suggestions and recommendations from the public as to issues, provisions, projects, and strategies that should be addressed or provisions that should be considered for inclusion in the next regional or state flood plan c) Prepare a Scope(s) of Work for regional flood planning grant funding and approve amendments to the Scope(s) of Work as necessary d) Hold a public meeting to identify potential flood hazard mitigation goals e) Hold a public meeting to identify potentially feasible flood mitigation strategies and projects that the flood planning group may consider

Each flood planning group and any committee or subcommittee of the group are subject to Chapters 551 (relating to Open Meetings) and 552 (relating to Public Information), Government Code. Provide the option for simplified flood planning to any flood planning region that consider their flood mitigation measures adequate to ensure the protection of life and property in their region.

§391.13 Flood Planning Group Deliverables Flood planning groups shall deliver draft and final regional flood plans that will contain the results of the required activities under 31 TAC 391 including a variety of Geographic Information System (GIS) deliverables and other data, tables, charts, maps, and written summaries of results in a form to be required by TWDB guidance documents. This information will provide the basis for much of the development of the state flood plan.

Each regional flood plan will include a single, standardized table that will include a list of all the recommended flood mitigation projects, and certain key information associated with each, as required by TWDB, and that will be the basis for TWDB prioritizing recommended flood mitigation projects in the state flood plan.

The flood planning groups will also deliver certain Technical Memorandums, established deliverables, and updates to the Board throughout the planning process to demonstrate progress in developing its regional flood plan in accordance with their contracts, rule, and statute, and to support the development of the state flood plan.

SUBCHAPTER B GUIDANCE PRINCIPLES AND NOTICE REQUIREMENTS

§391.20 Guidance Principles for State and Regional Flood Planning Regional flood planning guidance principles will be the same as the state flood planning guidance principles. Rules to include periodic review of guidance principles with the potential to modify the guidance principles

§391.21 Notice and Public Participation General notice and public participation requirements are anticipated to be simpler but generally similar in scope and nature to those guiding regional water planning groups and the regional water planning process. Including: a) Flood planning groups and any subcommittees being subject to Chapters 551 and 552, Government Code; b) Provision of materials available to the public prior to meetings and decision- making;

c) Public notice content including dates, places, and agendas; d) Minimum prior, posted, public notice of 72 hours for regular flood planning group meetings and 30 days notice for certain hearings; e) Mailed meeting and hearing notices and posted of notices; f) Provision of meeting materials and draft plans for public inspection and acceptance and consideration of public comments for certain deliverables.

§391.22 General Considerations for Development of Regional Flood Plans Flood planning groups are expected to consider a wide variety of available, relevant information when developing regional flood plans including: a) flood data, models, and maps, b) flood risk exposure assessments and flood hazard risk analyses, c) existing regional and local flood planning studies and flood mitigation plans; d) flood mitigation best management practices; and, e) any other relevant information.

SUBCHAPTER C PLANNING ACTIVITIES FOR FLOOD RISK MANAGEMENT NEEDS ANALYSIS AND FLOOD STRATEGY RECOMMENDATIONS

§391.30 Description of the Flood Planning Region General summary of the region’s historic floods, major flood risks to lives and property, and economic activity, population centers, political subdivisions, entities engaged in flood mitigation activities, socioeconomics, agricultural and natural resources, and current preparations for flooding events. a) social and economic aspects of the region such as information on current population, economic activity and economic sectors at risk of flood impacts; b) summary of historical flood events within the region c) political subdivisions with flood authority; d) Inventory of land use and local regulation and development codes relevant to flood infrastructure implementation; e) the areas in the flood planning region that are generally prone to flood; f) agricultural and natural resources; g) summary of existing local and regional flood plans; h) current preparations for flooding within the FPR; i) relevant information compiled by TWDB.

§391.301 Description of the Existing Flood Infrastructure in the Region A general description and inventory of various types of operational and non- operational flood infrastructure that exist within the flood planning region to include separate summary of new flood infrastructure currently under construction. Information on infrastructure to include the type of flood infrastructure, purpose,

location, benefitting/impacting watersheds, owner and/or operator, and available information on the condition and functionality of the infrastructure.

§391.31 Land Use and Population Based on best available and actionable data, analyze historic, current, and projected land-use and population in the region regarding flood risks. To include a general description of factors impacting future flood risk, including but not limited to population change, land use change, transportation planning, precipitation patterns, relative sea level rise, subsidence, or other natural influences. Future flood risk shall be assessed for at least a 20-year planning horizon. Regional flood planning groups may consider longer time frames and other factors such as fully built out conditions. Population projections to be based on most recently Board-adopted regional and state water plan projections data. Population estimates to be based on county-level census data and estimated HUC8 splits.

§391.321 Flood Hazard Exposure Analysis Flood planning groups shall perform a region-wide, high-level assessment of who and what might be harmed by a flood event with a 0.2 percent annual chance (500-yr flood) using a consistent methodology as determined by the TWDB. Affected population centers, population, private and public structures, critical facilities, crops, and other relevant resources should be considered. To include a qualitative description of loss of function, which is the effect that a flood event could have on the function of inundated structures (residential, commercial, industrial, public, or others) and infrastructure, such as transportation, health and human services, water supply, wastewater treatment, utilities, energy generation, and emergency services.

§391.322 Flood Hazard Risk Analysis For areas within each flood planning region where hydrologic and hydraulic models are available, flood planning groups shall collect available flood risk analyses results and/or perform its own analyses of the different types, durations, and magnitude of flood related risks associated, at a minimum, with flood events with a 1.0 percent annual chance (100-yr flood). Analysis shall be in terms of hazard, performance, exposure, vulnerability, and consequences and shall include estimates of potential lives threatened and estimates of expected annual damage.

§391.323 Determining Flood Hazard Risk Reduction Goals Based on the flood risk exposure analyses and flood risk assessments, flood planning groups with input from the public, will identify specific and achievable flood hazard risk reduction goals for the flood planning region including identifying the acceptable level of risk that will remain even after flood risk reduction goals are fully met. These goals shall be structured and presented in an easily understood format in accordance

with TWDB guidance and will be used to guide the flood planning group’s identification, evaluation, and recommendation of feasible flood risk mitigation strategies and projects.

§391.33 Flood Mitigation Strategy and Project Targeting Based on flood risk reduction goals and any available screening-level modeling, perform an analysis of current flood infrastructure and flood risk factors to determine the geographic areas that have insufficient flood mitigation for the purpose of focusing efforts to identify and evaluate potentially feasible flood mitigation strategies and projects.

§391.34 Identification and Evaluation of Potentially Feasible Flood Mitigation Strategies and Flood Mitigation Strategy Projects Using previous analyses, including any screening-level approaches, flood planning groups shall identify and evaluate potentially feasible flood mitigation strategies and the flood mitigation projects required to implement those strategies. Evaluations will rely on the use of hydrologic and hydraulic modelling to evaluate flood hazard risk reductions achieved by various options/configurations. The benefits and costs of the associated strategies and projects will be estimated to determine benefit-cost ratios.

Evaluations of potentially feasible flood mitigation strategies and associated flood mitigation strategy projects shall include the following analyses: a) The specific flood hazard risk reduction goal supported by the feasible strategy/project. b) A determination of whether strategy/project meets an emergency need. c) An equitable comparison between and consistent evaluation and application of all Flood Mitigation Strategy Projects the Flood Planning Groups determined to be potentially feasible to reduce flood hazard risk. d) A quantitative reporting of the estimated benefits of the strategy/project including reduction in fatalities and property protected including changes to expected annual damage due to strategy/project. e) A quantitative reporting of the estimated capital costs of strategy/project, if any. f) Information regarding the regional flood plan's anticipated impact on other resources of the state including other flood mitigation strategies and projects. g) Demonstration how the strategy/project will not result in negative impacts on neighboring areas. h) Indication regarding the use of federal funds as a component of total funding mechanism. i) For projects that will contribute to water supply, all evaluations as appropriate, required under §357.34(e).

j) Other factors as deemed relevant by the flood planning group including agricultural, environmental, or recreational impacts.

§391.35 Recommended and Alternative Flood Mitigation Strategies and Flood Mitigation Strategy Projects Flood planning groups shall recommend flood mitigation strategies (and the flood mitigation strategy projects required to implement those strategies) to reduce flood hazard risk based on the potentially feasible strategies and projects evaluated under §391.34 of this title. Recommendations shall be based upon the identification, analysis, and comparison of flood mitigation strategies/projects that the flood planning group determines are potentially feasible so that the cost-effective flood mitigation strategies/projects that provide measurable flood hazard risk reductions in support of specific flood hazard risk reduction goals are considered and adopted unless a flood planning group demonstrates that adoption of such flood mitigation strategies/projects is inappropriate.

The regional flood plan may include alternative flood mitigation strategies/projects also evaluated by the processes described in §391.34 of this title. For flood projects that will contribute to water supply, those recommended projects may not result in an overallocation of a water source based on the water availability allocations in the currently adopted State Water Plan.

SUBCHAPTER D IMPACTS, FLOOD RESPONSE, POLICY RECOMMENDATIONS, AND IMPLEMENTATION

§391.40 Impacts of Regional Flood Plan To include a region-wide summary of the reduction in flood hazard risk that implementation of the regional flood plan would achieve and a discussion of impacts of the recommended strategies/projects within the flood planning region and between flood planning regions. The plan shall include a finding that the regional flood plan and projects do not adversely affect neighboring areas or that any anticipated negative impacts to a neighboring area are adequately mitigated through associated strategies/projects in the regional flood plan.

§391.41 Contribution to water supply development To include a region-wide summary of the contribution that the regional flood plan would have to water supply development and whether that contribution is consistent with the state water plan.

§391.42 Flood Response Information, Activities, and Recommendations General discussion of flood response preparations in the region including how the regional flood plan will improve and/or reduce the need for response to flood events.

§391.43 Regulatory, Administrative, or Legislative Recommendations Flood planning groups shall develop and include in their flood plans legislative recommendations that they consider necessary to facilitate flood mitigation planning and implementation.

§391.44 Flood Infrastructure Financing Analysis Flood planning groups shall assess (e.g., via surveys of project sponsors) and quantitatively report on how individual local governments, regional authorities, and other political subdivisions in their region propose to finance recommended flood mitigation strategy projects.

§391.45 Implementation and Comparison to Previous Regional Flood Plan General description of how the new regional flood plan differs from the previous plan including with regard to the flood hazard goals, risk reduction achieved, and recommended projects.

SUBCHAPTER E ADOPTION, SUBMITTAL, AND AMENDMENTS TO REGIONAL FLOOD PLANS

§391.50 Adoption, Submittal, and Approval of Regional Flood Plans This process is anticipated to follow a path that is generally similar to that of the regional water planning process.

§391.51 Amendments to Regional Flood Plans This process is anticipated to follow a path that is generally similar to that of the regional water planning process.

SUBCHAPTER F CONSISTENCY AND CONFLICTS IN REGIONAL FLOOD PLANS

§391.60 Consistency of Regional Flood Plans This is anticipated to be generally analogous to the consistency requirements of the regional water plans.

§391.61 Intraregional Conflicts in Development of Regional Flood Plans This process is anticipated to follow a path that is generally similar to that of the regional water planning process.

§391.62 Interregional Conflicts This process is anticipated to follow a path that is generally similar to that of the regional water planning process.

§391.63 Failure of a Regional Flood Plan to Meet Regional Flood Planning Requirements This process is anticipated to follow a path that is generally similar to that of the regional water planning process.

§391.64 Conflicts Between Regional Flood Plans and Local Flood Plans This process is anticipated to be generally similar to that of the regional water planning process.

CHAPTER 392 STATE FLOOD PLANNING GUIDELINES The state flood plan development process is anticipated to be analogous to the development of the state water plan which relies heavily on information provided in the regional water plans.

SUBCHAPTER A STATE FLOOD PLAN DEVELOPMENT

§392.1 Applicability This subchapter governs the Board's preparation, development, formulation, and adoption of the state flood plan.

§392.2 Definitions To be determined.

§392.3 Guidance Principles – [*SEE SB 8 ISSUE 6 FOR GUIDANCE PRINCIPLES*] Regional flood planning guidance principles will be the same as the state flood planning guidance principles and will be revisited every five years.

§392.4 Guidelines The state flood plan development process is anticipated to be analogous and similar in relative timing to the development of the state water plan which relies heavily on the information provided in the regional water plans.

SUBCHAPTER B DATA COLLECTION

§392.5 Data Collection To address additional data collection needs to support state flood planning.

CHAPTER 355 RESEARCH AND PLANNING FUND [TO BE CONFIRMED]

SUBCHAPTER E REGIONAL FLOOD PLANNING GRANTS New subchapter to address flood planning funding

§355.120 Applicability and Definitions This process is anticipated to be generally similar to that of the state water planning process and incorporated into the existing rules related to the research and planning fund.

§355.121 Notice of Funds and Submission and Review of Regional Flood Planning Applications This process is anticipated to follow a path that is generally similar to that of the state and regional water planning process.

§355.122 Use of Funds This is anticipated to be generally similar to that of the state and regional water planning process.

§355.123 Board Consideration of Applications; Applicant’s Responsibilities and Contract This process is anticipated to follow a path that is generally similar to that of the state and regional water planning process.

P.O. Box 13231, 1700 N. Congress Ave. Austin, TX 78711-3231, www.twdb.texas.gov Phone (512) 463-7847, Fax (512) 475-2053

Frequently Asked Questions Flood Legislation from the 86th Texas Legislative Session 7/2/2019

1. Q: What is the Texas Water Development Board (TWDB)? A: The Texas Water Development Board (TWDB) is a state agency formed in 1957 in response to Texas’ record-breaking drought. Prior to the most recent legislative session, the agency had three main responsibilities: assisting with regional water planning and preparing the state water plan every five years; collecting, analyzing, and distributing water-related and geographic data; and providing loan and grant money for Texas water, wastewater, and flood projects. As a result of the 2019 legislative session, however, the TWDB’s flood programs have significantly expanded.

Discussions with stakeholders and the legislature regarding the need for a strategic document to identify solutions addressing statewide flood risks began in summer 2016. In 2017, the 85th Legislature subsequently provided funding for the TWDB to conduct a statewide survey to better understand flood planning and mitigation needs. This work culminated in the agency’s publication of a first-ever State Flood Assessment in January 2019, available online at www.texasfloodassessment.com.

Continuing this work, the 86th Legislature recently charged the TWDB with creating the state’s first state flood plan, to be adopted in 2024, and implementing two new funds, the Flood Infrastructure Fund (FIF) and the Texas Infrastructure Resiliency Fund (TIRF). Over the next year, the agency will also expand its existing flood-related programs, including floodplain mapping and development of an online dashboard of flood- and water-related information. As part of this effort, the TWDB will also establish a clearinghouse of information about state and federal flood planning, mitigation, and control programs that may serve as sources of funding for flood projects.

2. Q: What is the state flood plan?

A: The state flood plan will be the product of a comprehensive effort intended to better manage flood risks, including providing greater protection for Texans against loss of life

. Our Mission . Board Members . To provide leadership, information, education, and . Peter M. Lake, Chairman │ Kathleen Jackson, Board Member │Brooke T. Paup, Board Member support for planning, financial assistance, and . outreach for the conservation and responsible . development of water for Texas . Jeff Walker, Executive Administrator

and property from flooding. The plan will focus on evaluating existing flood infrastructure and will include a statewide, ranked list of ongoing and proposed flood control and mitigation projects and strategies. The plan will also include an analysis of development in the 100-year floodplain, which is defined by the Federal Emergency Management Agency (FEMA). In addition, the plan will recommend legislative policy changes needed to facilitate planning and project implementation. The first plan is due on September 1, 2024, with later plans due every five years thereafter. Similar to Texas’ state water supply planning process, the state flood plan will be based on regional flood plans developed by local stakeholders representing diverse interests. As a state agency, we are required to develop rules by which we will administer new programs. During the “rulemaking” process for flood planning, the TWDB will designate planning regions corresponding to river basins. A large part of the state flood planning effort will include developing models and other technical tools that will assist local decision makers in evaluating potential solutions to flood issues. 3. Q: What is the Flood Infrastructure Fund (FIF)? A: The FIF is to be created as a fund that could provide grants and low-cost loans for drainage, flood mitigation, and flood control projects, provided that voters approve a supporting constitutional amendment on November 5, 2019. The constitutional amendment directs the TWDB to use money in the fund for these purposes. 4. Q: Where will the money for the FIF come from? A: The legislature has authorized a one-time, $793 million transfer from the Economic Stabilization Fund (also known as the Rainy Day Fund). The FIF is designed to make the implementation of drainage and flood projects more affordable and to meet immediate needs for funding.

5. Q: What will the state flood plan and the FIF do for Texas, and why do we need them? A: Nearly every Texan faces some level of risk related to flooding. Texas’ population is projected to increase from 29.7 million people in 2020 to 42.3 million by 2050, and much of this growth will occur upstream and downstream of major metropolitan areas. According to the 2019 State Flood Assessment, at least 2.8 million people (11 percent of Texas’ population) are exposed to high or moderate flood risk from rivers. The state flood plan will be designed to help communities better manage these risks, including providing greater protection for Texans against loss of life and property from flooding. The funds dedicated for the FIF would help communities implement cost-effective drainage and flood projects. By providing cost-effective financing options for drainage and flood projects, the fund could provide the economic opportunity for

Flood Legislation FAQs 7/01/2019 2

communities to overcome cost hurdles. The costs associated with these types of projects can often make them difficult for some communities to implement. This financial assistance could also enable local communities to have expedited access to funding to begin needed projects. 6. Q: How would the FIF be used to mitigate flooding, and what types of projects would it support? A: Political subdivisions of the state—cities, counties, river authorities, and other districts— that work together cooperatively to develop solutions to address drainage and flood issues could use the funds toward those efforts. The public rulemaking process for the FIF will consider what types of flood projects will be eligible for funding. Both structural (e.g., levees and channels) and non-structural (e.g., wetlands and elevation) projects will be eligible for financial assistance. After the first state flood plan is adopted in 2024, the fund by law may only be used to provide financing for projects included in the state flood plan.

7. Q: Will the state flood plan and the FIF help all of Texas or just those impacted by Hurricane Harvey? A: The state flood plan and the FIF are intended to help the entire state plan and prepare for future flood events, not just areas of the state that were impacted by Hurricane Harvey or other disasters. The FIF includes a provision for grants to communities that are outside of large urban areas (also known as Metropolitan Statistical Areas).

The FIF constitutional amendment is not related to the $2.5 billion flood funding passed in Harris County in 2018.

8. Q: Will the state flood plan and the FIF support non-structural flood mitigation projects? A: Yes, both non-structural and structural projects will be eligible for funding from the FIF and may be included in the regional and state flood plans. The Texas Legislature recognizes that all tools must be available to decision makers to mitigate flood risks.

In Texas (and elsewhere) many communities already use some combination of both structural and non-structural mitigation activities to protect against flooding disasters. Structural mitigation can include levees, dikes, floodwalls, dams, culverts, and detention and retention basins. Major structural projects generally require more funding, time, and effort to complete due to regulatory requirements, their multi-jurisdictional nature, and project scale.

Non-structural mitigation can include education and training; local mitigation plans; early warning systems; restoration and conservation of wetlands, forests, and open space; feasibility, design, and engineering studies; and policy and regulatory activities such as setbacks, building codes, and zoning ordinances. Participation in the National Flood Insurance Program is also considered a non-structural mitigation activity.

Flood Legislation FAQs 7/01/2019 3

9. Q: Could the FIF be used to build flood mitigation reservoirs? A: Because dams and reservoirs can be considered structural flood control strategies, they could be eligible for financial assistance from the FIF if they provide a flood control benefit, meet all application requirements, and are developed through a cooperative planning process (prior to adopting the state flood plan in 2024) or identified in the state flood plan (after the adoption of the first plan).

10. Q: What is the difference between a flood control or mitigation project and a water supply project that is in the state water plan? A: Flood mitigation projects tend to focus on avoiding or reducing the negative impacts from flood water during and shortly after high rainfall events. Water supply projects focus on providing reliable water supply throughout periods of extremely low rainfall. A potential project that would capture flood water and store it to be used later for water supply could be evaluated as part of water supply planning.

11. Q: What will happen if the FIF is not created? A: If the constitutional amendment is not approved by voters on November 5, 2019, the FIF will not be created as a special fund outside of the general revenue fund. Creating the fund outside the general revenue fund ensures that money in the FIF will be dedicated for the same purpose in future state budget cycles.

12. Q: Will the state flood plan produce Flood Insurance Rate Maps (FIRMS)? A: No, the state flood plan and the FIF will not produce new FIRMS. FIRMS are official maps approved by FEMA that delineate special insurance-related flood hazard areas and risk zones within communities. Activities conducted to produce FIRMs follow a four-phase process according to FEMA’s guidelines and standards and typically take a minimum of five years to complete. However, modeling and other technical activities that will support development of the state flood plan will result in tools and preliminary maps that could be used by communities to support and complement FEMA’s existing process for producing updated FIRMs.

13. Q: How would the FIF funds be disbursed? A: Communities and other eligible entities would apply for financial assistance, and the TWDB would evaluate projects according to specific application requirements. Funds would be disbursed for projects that meet all requirements, rank within the amount of funds available, and receive a formal commitment from the TWDB’s governing Board.

Flood Legislation FAQs 7/01/2019 4

14. Q: What is the Texas Infrastructure Resiliency Fund (TIRF)?

A: The legislation that created the FIF also created the TIRF. The 86th Texas Legislature appropriated funds to the Floodplain Management Account within the TIRF to support the development of the first state flood plan. Funds were also appropriated to the Hurricane Harvey Account within the TIRF; the TWDB will provide these funds to the Texas Division of Emergency Management so that the Division can provide financing for projects related to Hurricane Harvey. 15. Q: What is the timeline for implementing the flood legislation from the 86th Texas Legislative Session?

A: The TWDB has begun a rulemaking process to implement the state flood plan, the FIF, and the TIRF, and we will be contacting stakeholders in the months to come. We will be holding stakeholder workshops in a number of locations around the state in August, and there will be an opportunity to review and comment on proposed rules when they are published this fall. We anticipate that the TWDB’s governing Board will adopt final rules by early 2020.

In addition, we anticipate that the regional flood planning process will be developed and initial regional flood planning groups formed by mid-2020. 16. Q: When will funding from the FIF be available?

A: Funding could be available as early as the first quarter of 2020 if Texas voters approve a constitutional amendment establishing the fund. The TWDB will begin to implement the new program as soon as funding is available and the TWDB’s governing Board has adopted rules. In the meantime, entities may be eligible for financial assistance for flood projects through other TWDB, state, or federal financial assistance programs. Please contact us for more details.

17. Q: Who should we contact for more information?

A: Please contact [email protected] or (512) 463-8725.

Flood Legislation FAQs 7/01/2019 5

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon a sponsorship request for The Woodlands Pride Festival;

FISCAL IMPACT: Based on the information received from the CEO and COO of Woodlands Pride, the value of the requested sponsorship items is $11,500: Park Reservation Fees: $2,100 (10 hours on 9/27 & 13 hours on 9/28) Special Event Permit Fee: $500 (Per Order 020-09, Non-profit organization rate) Total park fees total: $2,600 Security: $4,950 (15 off-duty Montgomery County Constables @ average of $55 per hour for 6 hours of over-time) Parking at Township 9660 Grogan’s Mill Rd. (GE Betz/Silver Lot) no established value Advertising: Value estimated at $3,500 ($2,500 for a one-time Community Magazine placement; Township social media posts and paid boosts. Note: the deadline for the September 2019 Community Magazine has passed).

BACKGROUND: During the recent Budget Workshops, The Woodlands Township Board of Directors received presentations from Jason Rocha, CEO of Woodlands Pride, which included a request for sponsorship support for certain aspects of the event (Attachment A). Subsequently, Mr. Rocha submitted a written request on August 14 (Attachment B) and the COO of Woodlands Pride submitted the initial Special Event Permit Submittal Requirements, which provides additional insight to the specifics of the request (Attachment C).

For background information, the Board of Directors received a Budget Initiative on August 12, 2019, regarding The Woodlands Pride and other special events (Attachment D).

Additionally, the Board of Directors discussed an interest in developing a policy that establishes the principles and criteria that would guide the Board, public and Township staff in decision-making regarding requests for waiving of fees and sponsorships of special events and fundraisers.

The Board requested a listing of the non-profit organizations that rent Township facilities for special events and fundraisers that are in addition to the already provided list of non-profits organizations that use Town Green Park. The list has been developed (Attachment E) which identifies over 80 non-profit organizations and school organizations that have or will pay the established park reservation fees and special event permit fees to produce their events. The organizations include local, regional and national based organizations and local schools or school related clubs which are highlighted in the report.

In addition, the Township regularly received requests from non-profit agencies and other charitable organizations requesting donations of either funding, providing recreation program passes at no charge or waiving park fees for fundraising events. These are categorized as marketing and promotional requests. As the Township is a governmental body and is prohibited from making donations, requests are denied, but tracked. A list of 2019 requests has been provided (Attachment F). There are a few requests that have been approved when the Visit the Woodlands determines there is a tangible marketing benefit to the Township or in cases where Visit The Woodlands funds the request.

Mr. Rocha’s presentation also requested fees to be waived for the Community Building. The Township has no authority over the Community Building. The building is a Montgomery County facility and the Township has no authority to waive the fees. If Montgomery County is not able or willing to waive the fees for the Pride Festival, the Township could consider funding the amount the County charges Pride to use the facility.

The presentation included a request to assist with parking and Trolley service. Parking can be provided as indicated above. However, providing Trolley service is problematic for the Township. Using the federal and state funded public transit service for a special event that is not “regionally significant” in terms of FTA would not be in compliance with grant conditions. Additionally, during special events at Town Green Park, the Trolleys are re-routed off the Waterway, which then result in the Trolley’s not being conducive for attendees to the Festival.

The presentation included a request to partner with Woodlands Pride in the collaboration to host the WorldPride event. Houston is a Candidate City to host the international WorldPride 2023. The event would include a month of events throughout the greater Houston area. It is not clear at this time what role or support, if any, the Township is requested to provide.

RECOMMENDATION: Board to determine action.

Attachments Attachment A - Woodlands Pride Presentation Attachment B - CEO Woodlands Pride Sponsorship Request Attachment C - Special Event Permit Application Woodlands Pride Submittal Requirements Attachment D - Budget Initiative Woodlands Pride and Special Events Attachment E - List of Non Profit Events at Community Parks Attachment F - 2019 Marketing Promotion Requests The Woodlands Pride 2 0 19 Summary

The Woodlands Pride is a non-profit formed in The Woodlands, Texas. While it is a new group, TWP has formed relationships with major corporations, had continued positive press, and brought commerce into The Woodlands Township . Leadership

Jason Rocha Ryan Elkins Sean Herbold Nicole Suarez-Bronfman

Founder & CEO COO CFO Director

Festival Chair Finance Chair Volunteer Chair

Bill Yauch Jodie Brooke Aujla Roxy Waguespack Jerry Roberts

Secretary Director Director Director

Events Chair Merchandise Chair Community Chair 4.18: “I want to have Pride in The Woodlands”

5.18: TWP, Inc. is formed and acquired non- profit status

Pride Weekend 2018:

The Woodlands 9.6.18- VIP Kickoff a t LV Wellnes s

Pride History 9.7.18- Pool Party Kick Off hosted by The Westin

9.8.18- TWP Ina ugura l Fes tiva l Pride 2018 by the Numbers

4.5 - months to plan

6 - major sponsors

75 - exhibitors

7 - food trucks

12 - police officers

5000 - attendees

125 - volunteers Sponsors 2 0 19 Partnership

Advertising

Park Fees and Community Building Fees Waived

Pa rking a nd Trolly Service

WorldPride Colla bora tion From: John Powers To: Don Norrell Cc: Karen Dempsey; Nick Wolda Subject: FW: [INTERNAL]Courier article The Woodlands Pride - 2nd Annual Pride Festival Date: Wednesday, August 14, 2019 8:24:00 AM

From: CEO The Woodlands Pride Sent: Wednesday, August 14, 2019 8:06 AM To: John Powers Cc: COO The Woodlands Pride Subject: Re: [INTERNAL]Courier article The Woodlands Pride - 2nd Annual Pride Festival

John,

The Woodlands Pride would like the opportunity to partner with The Woodlands Township as I believe we both have similar interests in supporting diversity and showcasing this incredible community. As mentioned in previous communication or meetings, our inaugural festival had over 5000 attendees last year on 9.8.18. Our presenting sponsor was Comcast. Comcast showed this commercial 250 times across the Greater Houston Area, promoting not only TWP, but also TWT; https://www.facebook.com/TheWoodlandsPride/videos/444316766072354? s=1491972214&v=e&sfns=xmwa

This year, our partnership request would mutually benefit both parties as it would again promote diversity, free events, showcasing hotels and businesses, and more. Below is the list of items that we are requesting.

Park waiver fee of $2900. This includes the original $500 fee for 6 hours plus $100 per hour after. We are requesting the park from 1pm on 9.27 to set up through 7pm on 9.28 to tear down.

Extra parking spaces at GE lot

Advertising on social media, TWT calendar, and The Woodlands Community Magazine.

Security and safety- I mentioned this in the board meeting the other day, but I’m not sure exactly how this works with the township since we utilize county resources. Any guidance for this year or next would be appreciated.

I want to thank you again for your help throughout this process. Should you have any questions or comments, please feel free to contact me here or by phone.

Best,

Jason Rocha Founder & CEO

713.498.7331

On Aug 13, 2019, at 12:42 PM, John Powers wrote:

Jason,

To follow up to your presentation to the Board this morning, we need to have the specifics of your request.

For example, the request to waive the park fees will be based on the value of the fees waived - so I need to know the number of hours and/or days the event needs from set-up to take down.

The Township does not have any authority over the Community Center. That facility and the adjoining parking lot is managed by Montgomery County. A request to waive fees for the Community Center should be directed to the County. I suggest that be directed to Precinct 3 Commissioner James Noack.

When events occur at Town Green Park, the Town Center Trolley is re-routed away from the Waterway, so the re-route may not be conducive to transporting event patrons to the venue.

The Township does have rights to the 100 parking spaces in the Market Street garage that comes with the Town Green Park rental. We should be able to approve additional parking the old GE Betz parking lot that the Township owns. All other parking is either private or controlled by the Pavilion.

Your presentation included a request for advertising support. We will need to know specifically what type of advertising you want, where the ads are to be placed, etc.

You mentioned assistance with trash removal and security. Please provide the specifics of those items.

Additionally, no matter what the Board determines they want to do in response to the request, all of the Special Event Permit Submittal requirements are due August 28. If you have any questions regarding those requirements, please let me know.

John

From: CEO The Woodlands Pride Sent: Friday, June 14, 2019 3:28 PM To: John Powers Cc: COO The Woodlands Pride Subject: Re: [INTERNAL]Courier article The Woodlands Pride - 2nd Annual Pride Festival

Thanks, John. I'm also planning on coming to the board meeting on Thursday.

On Fri, Jun 14, 2019 at 11:51 AM John Powers wrote: Jason, Thank you for the explanation. I will give you a call next week to discuss.

Thanks John

From: CEO The Woodlands Pride Sent: Thursday, June 13, 2019 7:28 PM To: John Powers Cc: COO The Woodlands Pride Subject: Re: [INTERNAL]Courier article The Woodlands Pride - 2nd Annual Pride Festival

John,

Thank you for reaching out to us and clarifying the current situation. I want you to know that I value the efforts you've put in to making sure our organization properly secured last year's event as well as the years to come. I apologize if any of my statements misled or misinformed the readers of The Villager.

I've been told many times that there are no sponsorships or in kind donations given from The Woodlands Township or Visit The Woodlands. I've also seen contracts between The Woodlands and other organizations that use the words, "sponsor" or "in kind." I promise you this is not some kind of "gotcha" moment. If I'm misunderstanding what I'm reading, Please help clarify. I also received this link (https://visitthewoodlands.com/wp- content/uploads/2018/08/Sponsorship-Request-Packet-6-2018.pdf) from Visit The Woodlands after I was told again, there are not sponsorships. This was my note to Visit The Woodlands on 4/9/19, should I have sent this request to you at the Township:

"Hello,

I'd like to find out how to be placed on the agenda to request for some sort of sponsorship agreement with Visit The Woodlands and The Woodlands Township.

I've attached some files from the Inspire Film Festival, I noticed that VTW and TWT both donated $25k to IFF, per their website. I use them as an example because the are relatively new just like The Woodlands Pride.

TWP welcomed over 5000 attendees, booked 89 rooms at The Westin, and had multiple events in and around The Woodlands the days leading up to the event. While 89 rooms at The Westin may be little compared to other events, we only released the room rate about a month prior to the event. This year, we will expand a room rate to other hotels in the township to get a more precise number. TWP organization started in April of 2018. Between April and October of 2018, we had over 188k impressions from Facebook. We had very positive media interactions from ABC and NBC local news as well as the Houston Chronicle, The Villager and The Courier. We welcomed guests from all over Texas (a friend actually flew in from San Diego for Pride).

In our second year, I believe our event will be even bigger! We hope to partner with The Woodlands in any way possible. With the support of The Woodlands, we know this year has the potential of being one of the biggest events in the area.

Thank you for your time and consideration. I look forward to meeting with you over the coming weeks. " I hope you know that I want nothing but positive light to shine on our community. We hope to grow our partnership with The Woodlands Township (soon to be city) over the years. I truly believe that a community that embraces all, is a stronger community; I know many of the employees of the township and elected officials in our community feel the same.

If it's helpful to have a in person conversation or phone call, please feel free to reach out.

Sincerely, Jason

On Thu, Jun 13, 2019 at 8:35 AM John Powers wrote: Jason,

I read the newspaper article in the Courier today about the Pride Festival. It was good coverage for your event but I want to clear up some information.

Park reservation fees for Town Green Park for non-profit organizations are based on the actual number of hours reserved for the event, not based on 12 hours or 24-hour blocks as reported in the newspaper article.

The reservation fee rate for weekends is $500 for the first six hours and $100 per hour thereafter. Last year's Pride event was reserved for 7 hours on Friday and 12 hours on Saturday. There is also the Special Event Permit Fee. The fee for non-profit organizations is $500.00.

The Township does not have a fee waiver form and I am not aware of any discussions regarding possible changes to Township policy on in-kind donations to nonprofits.

As previously advised, any request to waive fees would be presented to the Township Board of Directors for consideration. We would need to receive such a request in writing. The request would be scheduled for consideration at the next Board of Directors meeting available within the required public meeting notice posting period.

As all Special Event Permit Submittal Requirements including fees are due at least 30 days in advance of the event, this potential matter would need to be determined by the end of August.

The Township Board of Director's meeting schedule can be found on the Township’s web site here: http://www.thewoodlandstownship-tx.gov/DocumentCenter/View/7344/2019-Board- of-Directors-Meeting-Schedule?bidId=

Note: at this time the reservation has been made for Saturday, September 28 only. If you anticipate needing time on Friday to set-up and/or time on Sunday to take down, please advise so that we can extend the reservation to those times. Otherwise, those times are open and available to others for rental.

If you have any questions, please let me know.

John

From: John Powers Sent: Wednesday, February 13, 2019 3:37 PM To: 'COO The Woodlands Pride' Subject: RE: [EXTERNAL]The Woodlands Pride - 2nd Annual Pride Festival

Ryan, Congratulations on your new position of COO and thank you for contacting me regarding the requirements for the special event permit. Based on the information that was provided in the pre-application (below) , the event is eligible to be issued a Special Event Permit, provided all Permit Submittal Requirements are satisfactorily provided. A $100 Security Deposit has been received that books and holds the date. Please review the attached Special Event Application and submit the following Submittal Requirements at least 30 days prior to the proposed event date:

Signed application form - attached Site Plan Parking Plan Public Safety/Security Plan Trash and Litter Plan Restroom Plan Insurance Vendors Noise/Outdoor Entertainment Signs and Banners Security Deposit – paid/on file Reservation Fee – the non-profit rate for a reservation from 11:00 am to 5:00 (six hours total) is $500.00. If the six hours does not include any extra time for set-up or take down, additional reservations fees will apply. Special Event Permit Fees – the non -profit rate is $250.00 Note: Last year’s event total fees were $1,500 based on the actual time for the event. I have attached a copy of last year’s permit package that may help you gather this year’s Submittal Requirements. If you have any questions, please do not hesitate to contact me.

Special Event Permit Pre Application

Notice to Applicant • The information provided in this Special Event Pre-Application will determine if your event requires a Special Event Permit and if so, what other requirements apply. A subsequent Special Event Permit Application will then be required. • Applicants must comply with The Woodlands Township Special Events Policy and Procedures, Township Orders 019-09 & 020-09, and all other requirements of Montgomery County, Harris County or any other jurisdictional agency, District, or Covenant. • Please note the information you provide becomes public information.

General Information

Event Title / Name The Woodlands Pride Festival

Date of Pre-application 9/28/2018

Event Sponsor / Producer The Woodlands Pride

Address 7575 Gosling Rd 1017

City The Woodlands

State TX

Zip 77382

Business Phone 7134987331

Event Website Address facebook.com/thewoodlandspride

Name & Title of Authorized Jason Rocha Agent / Contact

Address 7575 Gosling Rd 1017

City The Woodlands

State TX

Zip 77382

Business Phone 7134987331

Cell Phone 7134987331

E-mail [email protected]

(Section Break)

Event Details

Purpose & Description of Festival Concert Vendor and food booths Event

Date(s) / Time(s) 9/28/2019 11:00 AM - 9/28/2019 5:00 PM Location

Facility Name Town Green Park

Facility Address 2099 Lake Robbins

Will event occur on Yes Township property, park, pathway or trail?

Will event occur on a public No road or street?

Will there be more than 50 Yes people anticipated to attend?

Number Anticipated to 5000 Attend

Will there be an admission No fee charged?

Will the event include No fundraising?

Will the event include the Yes sale of goods, products, wares or services?

Will games, amusement No rides, bounce houses, animals or similar entertainment activities be offered?

Will food or beverage be Yes sold?

Will alcohol be consumed Yes or sold?

Will amplified sound, music Yes or bands be present?

Will tents larger than 10 Ft No x 10 Ft be used?

Will portable restrooms be Yes used?

Will the sponsor, producer Yes and/or agent obtain any & all requirements such as insurance, health permit, security, etc.

Will the event be Yes sanctioned by any agency, body or professional organization?

(Section Break)

Private events, ceremonies, or parties that anticipate less than 50 people and will not collect any money, sell any products, goods or services including food, beverage or alcohol, will not use public roads, streets or pathways, will not include bounce houses, animals, amusement rides or similar entertainment features, will not have amplified sound and will not have tents larger than 10ft. x 10ft., do not require a Special Event Permit. A Facility Reservation may be required. Completing the Special Event Pre-Application does not reserve the facility identified above or ensure a Special Event Application will be approved.

The Woodlands Township, Parks and Recreation Department, 2801 Technology Forest Blvd. The Woodlands, TX 77381 www.thewoodlandstownship-tx.gov 281- 210-3800 [email protected]

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From: COO The Woodlands Pride Sent: Wednesday, February 13, 2019 2:26 PM To: John Powers Subject: [EXTERNAL]The Woodlands Pride - 2nd Annual Pride Festival

Good Afternoon John,

I am the new COO for The Woodlands Pride, Inc. and I wanted to reach out to you to begin the conversation on what is needed from us for the 2nd Annual Pride Festival planned for September 28th. I would like to eliminate the 'middlemen' between The Woodlands Pride and yourself to ensure this years planning and communication is much more efficient than last year.

What do you need from us for us to begin the process of securing the park for September 28th? Also, please send me any necessary information in regards to us hosting the festival again.

I look forward to hearing from you and working with you.

Warmest Regards,

Ryan Elkins COO, The Woodlands Pride, Inc.

*****This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. *****

-- Jason Rocha Founder & CEO 713.498.7331

Special Event Permit Application

Event Sponsor/Producer: The Woodlands Pride, Inc.

Address: PO Box 42423, Houston, TX 77242

Business Phone: 713-517-6320

Event Website: www.thewoodlandstxpride.org/pride-2019/

Name/Title of Agent: Ryan Elkins, COO, 713-517-6320, [email protected]

1-SITE PLAN

There will be 1 point of formal entry and exit. The main entry and exit will be the formal entryway to Town Green Park from Lake Robbins Drive. The event is free. However, event goers will be counted and given a wristband upon entry.

The entertainment stage location will be on the west side of the park centered near the children’s garden powered by a generator. The VIP tent being exactly across from the stage on the east side of the park in front of the Marines Memorial statue. The park restrooms will be utilized on the northwest end, while additional (8) portable restrooms, (1) handicap accessible restroom, and (1) handwash station will be located at the southwest end of the park. (1) portable air-conditioned dual restroom unit, powered by a generator will be located on the northeast side of the festival beside the VIP tent, for VIP guests only. We anticipate 4,500-6,000 attendees, based on the 1,400 of people claiming a free ticket on Eventbrite. Exhibitor tents will be in the inner part of the park grass areas, with (5) 10x10 tents located on the trolley pathway southeast of the park along the edge of the path. (1) Mobile health clinic van will be parked at the outer edge of the front entrance driveway without blocking entranceway, allowing room for emergency vehicles. For additional details, please see the attached diagram for outlining the site plan.

2-PARKING PLAN

Festival goers will utilize public parking on the streets, paid parking garages, and the Town Center garage adjacent to the Pavilion.

3-PUBLIC SAFETY/SECURITY PLAN

At present, we plan to hire (15) Montgomery County Precinct 3 constables that will be stationed throughout the festival grounds providing security, as well as assisting volunteers at the entry/exit points in keeping beer/wine within the park only.

We will also have volunteers walking the event in a see something, say something capacity. If they observe any unusual activity, they will contact festival production staff and/or contact onsite law enforcement immediately.

Emergency exits have been included in this year’s plan that will have volunteers stationed at those locations. In the event of an emergency, law enforcement and volunteers will direct festival goers outside of festival grounds.

Onsite first aide station will be located at the southwest side of the festival grounds by the tree line. Montgomery County EMS (911) will be called for any medical emergencies.

4-PUBLIC NOTIFICATION PLAN

There will be signage at the front of the park designating the event as The Woodlands Pride Festival 2019. Board members have been attending various community related events and meetings promoting the festival.

5-TRASH & LITTER PLAN

The Woodlands Pride Festival Production Committee will be obtaining cardboard trash containers with plastic liners. Approximately, 25 cardboard trash containers will be distributed throughout the park for waste disposal. Volunteers will be consistently monitoring trash levels and removing full containers to a designated dumpster. Dumpster is being provided by Waste Management. At the end of the festival, volunteers will haul any remaining trash containers to the dumpster, and perform a complete sweep of festival grounds to ensure all trash is disposed of properly. The dumpster will be located on the southwest corner of the park along the trolley way edge. Please see the attached diagram for outlining the site plan.

6-RESTROOM FACILITY PLAN

The park restrooms will be utilized on the northwest end, while additional (8) portable restrooms, (1) handicap accessible restroom, and (1) handwash station will be located at the southwest end of the park. (1) portable air-conditioned dual restroom unit, powered by a generator will be located on the northeast side of the festival beside the VIP tent, for VIP guests only. Delivery of the portable restrooms will be on Saturday morning. Removal of the portable restrooms will be on Saturday afternoon promptly at 5pm. Waste Management and First Class Rentals are the portable restroom vendors.

7-VENDORS

Please see the attached document for all current vendor and exhibitors that have paid their fees to attend the event.

8-INSURANCE

TBD

9-NOISE/OUTDOOR ENTERTAINMENT

The event will begin at 11am Saturday and end at 5pm on September 28th. As a result, there will only be music during these hours.

10-SIGNS & BANNERS

There will be signage at the front of Town Green Park designating the event as The Woodlands Pride Festival 2019.

11-SECURITY DEPOSIT

$100 security deposit for Town Green Park has already been paid to The Woodlands Township.

12-SPECIAL EVENT PERMIT FEE TBD

13-RESERVATION FEE

TBD

Setup will begin at 1pm on September 27th. Tear down will begin at 5pm on September 28th, with clean up completed by 7pm.

Vendors & Exhibitors (8/13/19)

Fridgid Frog Food Truck - Snow Cones Cousins Maine Lobster - Food Truck - Lobster Texas Region Rolls/Sea Food Food Vendor - Zoe's Kitchen Kabobs/Rice Ice Cabana Food Vendor - Space 1 Ice Cabana Food Vendor - Space 2 Divine Dogs USA Food Truck - Hot Dogs Food Truck - Venezuelan Mi Patio Cafe and Grill and Mexican Holistic Healing with Heidi Health Supplements The Red Door Theatre Non-Profit Company Food Truck - Sparta Houston Greek/American Texas Rainbow Jeepers LGBT Organization Starbucks General Exhibitor

AFSP American Foundation Health Organization for Suicide Prevention

Quality of Life Chiropractic Health Organization The Montrose Center Vendor - LGBT Services New Lotus Moon Vendor - Jewelry Montgomery County Political Interest - Double Democratic Party Space Fairy Effects Vendor

Woodlands Eye Associates Vendor

Skyline Homes Group LLC Vendor-Realtor Ross and Marshall Real Vendor-Realtor Estate The Waxing Bar Vendor Archaic Revival Collective Vendor Body & Brain Yoga & Tai Vendor- Health Related Chi Twisted Angel Art Studio Vendor Montgomery County Non-Profit Women's Shelter Continuum, Lone Star Student Organization College Blissful Waters Float Vendor - Business Bering Memorial United Vendor - Religious Methodist Church Northwoods Unitarian Religious Organization Universalist Church Hempirical Hemp & Health Vendor - CBD Oil Sarah's Face Painting Vendor Face Painting Human Right Campaign Non-Profit Hyphen Boutique Vendor - Clothing Plymouth United Church of Religious Organization Christ Scott Realty Group Vendor - Realtor Perfectly Posh by Christen Vendor - Beauty Products Women's Wellness & Vendor - Nutrition Weight Loss Bill Yauch & Michael Vendor - Realtor Sharpe - Realtors Aon Plc Vendor - Insurance G.G.'s Face Painting Vendor - Face Painting Vendor - Non-Profit Dog A Chance to Bloom Rescue VLIG Jewelry Vendor - Jewelry Wicked Monkey Vendor - Tee Shirt Sales Wear/Acme Printing Quench Studios Vendor - Health Care Hullabaloo Henna Tattoo Vendor - Henna Artist Vegan for Life Vendor - Nutrition Love at Last Wedding Vendor - Event Planning Services Crystals & Creations Vendor Joseph Earthman Vendor - Funeral Services Generations Glitter Gary Vendor - Glitter Beards Non-Profit Ally There's Room at Our Table Organization

Event Date Event Location

1/4-5/2019 7s for 7 Memorial Lacrosse Tournament Bear Branch Sportsfields 2/9/2019 Walk Strong to Cure JM Rob Fleming Walk to raise proceeds and awareness for Juvenile Myositis 2/16/2019 The Woodlands Junior High School Girls Lacrosse Alden Bridge Sports Park Tournament 2/16/2019 The Woodland United Methodist Church Retreat Northshore Park

2/24/2019 Church Project Picnic Northshore Park

3/2-3/2019 The Woodlands Junior High School Boys Lacrosse Alden Bridge Sports Park Tournament 3/9-3/10 7v7 Endzone Tournament Gosling Sportsfields 3/16- Come & Take It Gosling Sportsfields 17/2019 Youth Rugby Tournament - Club

3/16/2019 March for Missions Tamarac Park Nonprofit - Walk to raise proceeds and awareness for World Missions 3/17/2019 Northshore Park Regatta Northshore Park Rowing Club The Woodlands 3/19/2019 Lakewood Church Block Party Rob Fleming Park

3/23/2019 Live It Out 5K Run Rob Fleming Park organization run by teen and professional volunteers engage their community's resources to help teens discover their potential through events offering communication skills, leadership skills, and life values to support them through high school and into college.

3/29/2019 Bobcat Bonanza Alden Bridge Park Bush Elementary Annual School Carnival Fundraiser 3/30/2019 March for Marrow Northshore Park Walk to raise proceeds and awareness for Bone Marrow Failure Diseases 4/6/2019 Bunny Hop Run or Walk 5K Alden Bridge Park Boxing for Battle –nonprofit - proceeds and awareness for Parkinson’s Disease 4/6/2019 Just for J 5K Northshore Park Nonprofit organization - Walk to raise proceeds and awareness Memorial Hermann NICU 4/13/2019 Girls Youth Rugby Tournament Alden Bridge Sports Park 4/13/2019 AIM at Melonoma Walk Alden Bridge Park Walk to raise proceeds and awareness for Melanoma Research 4/14/2019 Sound by the Shore Rob Fleming Park The Woodland High School Fundraiser Concert benefiting Montgomery County Youth Services 4/25/2019 Revive Spring Gathering Rob Fleming WoodsEdge Church Community wide praise and prayer event for women 4/26/2019 Prelude Music Classes Family Concert Rob Fleming 4/28/2019 Woodlands First Baptist Church Picnic Rob Fleming

4/28/2019 RESOLVE Walk of Hope Houston Rob Fleming Park Walk to raise proceeds and awareness for Infertility 5/4/2019 Texas Children's Hospital Family Fun Run Texas Children's Hospital - The Woodlands 5/4/2019 Global 6K for Clean Water Alden Bridge Park Nonprofit organization - Walk to raise proceeds and awareness for clean water for communities in need 5/11/2019 Garrett Soileau Memorial Foundation Crawfish Boil Rob Fleming Park Annual Fundraiser to promote Rugby and memory of Garrett Soileau

5/18/2019 Combat Ready Cancer Ministry 5K All Cancer Walk Rob Fleming Annual Fundraiser for cancer ministry 5/19/2019 Angelman Syndrome National Walk-a-thon Rob Fleming Park Walk to raise proceeds and awareness angelman syndrome 5/23/2019 The Woodlands Marlins Swim-a-Thon Sawmill Pool 5/23/2019 The Woodlands High School Senior Picnic Rob Fleming Park 5/31- Houston Dynamo Dash Youth Soccer Shootout for Gosling Sportsfields & 6/2/2019 Soldiers Bear Branch Sportsfields

6/1/2019 Paws for Prevention - Out of the Darkness Rob Fleming Park Dog walk to raise proceeds and awareness for suicide prevention 6/8/2019 Wear Orange Event Northshore Park Event to raise proceeds and awareness for honoring survivors of gun violence. 6/8/2019 Texas League Championships Gosling Sports Fields Tournament for Gaelick Football 6/13/2019 kidWEEK 2019 Rob Fleming Aquatic Church Project Community Event Center 6/15/2019 Montgomery County Shakespeare Festival Rob Fleming Park

6/22/2019 We See Abilities "Mr. Wonderful" Pageant Hughes Landing To raise proceeds and awareness for Special Needs Population 7/11/2019 Revive Summer Gathering Rob Fleming WoodsEdge Church Community wide praise and prayer event for women 8/24/2019 12th Annual CAC Duck Race Rob Fleming Aquatic Community Assistance Center Nonprofit organization Center To raise proceeds and awareness for Community Assistance Center 9/28/2019 Run for Hope Market Street To raise proceeds and awareness for Children and Teens in Foster Care 10/5/2019 The Pink 5K Rob Fleming Park To raise proceeds and awareness for Breast Awareness 10/19/2019 PKD Walk Rob Fleming To raise proceeds and awareness for Polycystic Kidney Disease 10/19/2019 A21 Walk for Freedom Northshore To raise proceeds and awareness of Human Trafficking 10/24/2019 Revive Fall Gathering – Church Rob Fleming WoodsEdge Church Community wide praise and prayer event for women 10/26/2019 Nicholas' Kickin' Kawasaki 5K Rob Fleming To raise proceeds and awareness of Kawasaki Disease 11/10/2019 HEROS for Freedom 5K Rob Fleming Park to raise proceeds and awareness of bring awareness and support to our homeless Veterans 11/16/2019 United in Purple 5K Rob Fleming Park To raise proceeds and awareness for National Pancreatic Cancer Foundation 11/16/2019 Heart Walk Northshore Park To raise proceeds and awareness of Heart Disease 11/17/2019 Turkey Bowl Alden Bridge Sports Park Church Project Community Football Tournament 11/22/2019 Defend the Orphan Run Rob Fleming Run to raise proceeds and awareness for orphans in Haiti and India 12/14/2019 Jingle Bell Run Rob Fleming Aqutic Run to raise proceeds and awareness of Arthritis Center Parking Lot 12/28/2019 The Woodlands High School Soccer Tournament Gosling Sportsfields

12/30/2019 The Woodlands High School Soccer Tournament Gosling Sportsfields & Bear Branch Sportsfields

Marketing Contributions 2019

Submitted Organization Requested Item Approved/Denied

2/19/2019 Be The Church Ministries Waive Fee Denied 2/22/2019 Timber Creek Elementary PTO Donation Denied 2/28/2019 Wear Orange Waive Fee Denied 3/4/2019 Sally K Ride Elementary PTO Donation Denied 3/12/2019 National Pancreatic Cancer Foundation Waive Fee Denied 3/18/2019 SonKids Christian School Donation Denied 4/1/2019 Timber Creek Elementary PTO Reduced Price Denied 4/11/2019 Caiden's Hope Foundation Donation Denied 4/18/2019 American Heart Association Donation Denied 4/18/2019 Ford Elementary Donation Denied 4/23/2019 Treehouse Center for Girls Donation Denied 4/23/2019 Lamar Elementary School Donation Denied 4/26/2019 Blackshear Elementary PTO Donation Denied 6/11/2019 Inspiration Ranch Donation Denied 6/11/2019 Friends of Shakespeare Festival Equipment Request Denied 6/25/2019 Pug Hearts of Houston Pug Rescue Tx TreeVenturs GC Denied 7/15/2019 Knox Junior High Donation Denied 7/16/2019 Wine Women & Shoes Donation- Passes Denied 7/21/2019 Texas Animal Society Donation Denied 7/24/2019 In the Pink of Health Donation Denied

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon an update from consultant regarding Compensation & Classification Study (C-2018-0595);

FISCAL IMPACT: $58,500 included in the 2019 Budget for completion of the study; future costs to be determined.

BACKGROUND: Public Sector Personnel Consultants has concluded their review and analysis of the Classification and Compensation for all positions within The Woodlands Township. Matt Weatherly, President, Public Sector Personnel Consultants, will present his firm’s Findings and Recommendations to the Board during the August 22 meeting.

RECOMMENDATION: Accept the report and approve the recommendations or request additional analysis and/or revisions.

Board of Directors Regular Meeting Agenda Meeting Date: 08/22/2019 SUBJECT MATTER: Receive, consider and act upon scheduling Incorporation Planning Session meetings;

FISCAL IMPACT: BACKGROUND: The Woodlands Township has engaged in an incorporation planning study, which is ongoing. In 2019 and for the remainder of the study process, planning sessions will be scheduled with representatives of The Novak Consulting Group, as needed.

At the Special Planning Meeting on July 24, Julia Novak, president of The Novak Consulting Group, reviewed an Incorporation Decision Timeline, which included a series of dates when the consulting team plans to meet with the Board. In order to meet with the consulting team on the proposed dates, the Board will need to establish meeting times. All of the dates proposed are dates on which the Board is already scheduled to meet. For these Incorporation planning sessions, the Board could choose to keep its regular meeting at 6 p.m. and schedule a special Incorporation planning session for 4 p.m. Alternatively, the Board could move its regular meeting to 4 p.m. and schedule the special Incorporation planning session to begin at 6 p.m.

Based on the decision timeline provided at the July 24 meeting, the proposed Incorporation planning session meeting dates are as follows: Wednesday, September 25, 2019 Thursday, October 17, 2019 Wednesday, October 23, 2019 Wednesday, December 11, 2019 Additional information on the study and all reports submitted to date can be found on the study website at www.TheWoodlandsIncorporationStudy.com.

RECOMMENDATION: Establish Special Incorporation Planning Sessions to be held on September 25, October 17 and 33, and December 11, 2019.

Attachments Incorporation Decision Timeline, as presented at the July 24 Special Planning Session Incorporation Decision Schedule

BOARD PRESENTATION BOARD DECISION

• HR Green Presentation: - Infrastructure Maintenance - Costs (capital and operating) 24 - Public Works Department JULY –Options - Municipal Utility Districts • Incorporation Decision Timeline

• Legal/Policy Decisions • Infrastructure Decisions 25 • Public Works and Municipal Utility SEPTEMBER • District Decisions

17 Law Enforcement Options OCTOBER

23 • Law Enforcement Decisions OCTOBER

• Determine Initial Maximum Tax 11 • Rate DECEMBER

Community Meeting, JANUARY - APRIL Survey or Poll

• Decision on calling for MAY • Incorporation Election