Common use of Historically Underutilized Businesses Clause in Contracts

Historically Underutilized Businesses. (“HUBs”). PSP will proactively comply with TFC’s established policies regarding the utilization of HUB and all other applicable administrative rules and statutes relating to utilization of HUB’s by TFC for the Project, including (i) TFC’s HUB program, and (ii) the HUB Compliance Reporting System as described in UGC Article 4. A copy of the Approved HSP for this Renewal Period is attached hereto as Exhibit I and incorporated herein for all purposes. At or prior to the execution of an Assignment with a value that is anticipated to meet or exceed $100,000.00, PSP must submit a completed HUB Subcontracting Plan acceptable to TFC and that shall be approved by TFC prior to execution of the Assignment. When required, PSP shall submit an updated HSP on the HUB Subcontracting Plan Form, Exhibit G, attached to and incorporated in the Agreement, or on any HUB form(s) modified by the Comptroller of Public Accounts. Upon TFC approval of a completed HSP and/or HSP update(s), such completed HSP and/or HSP update(s) shall become, without further notice or action, a part of the incorporated Exhibit I. PSP shall provide the HUB program of TFC with pertinent details of any participation by a HUB in fulfilling the duties and obligations arising hereunder on the PARs form, Exhibit H, attached to and incorporated in the Agreement, or any HUB form(s) modified by the Comptroller of Public Accounts. No changes to the HSP can be made by the PSP without the written approval of TFC. 5.2 Section 11.3 Requirement to Utilize HUB Compliance Reporting System is corrected as to citation number by deleting the Section in its entirety and replacing it with Section 11.3, as follows:

Historically Underutilized Businesses. (“HUBs”). PSP will proactively comply with TFC’s established policies regarding the utilization of HUB and all other applicable administrative rules and statutes relating to utilization of HUB’s by TFC for the Project, including (i) TFC’s HUB program, and (ii) the HUB Compliance Reporting System as described in UGC Article 4. A copy of the Approved HSP for this Renewal Period is attached hereto as Exhibit I and incorporated herein for all purposes. At or prior to the execution of an Assignment with a value that is anticipated to meet or exceed One Hundred Thousand and No/100 Dollars ($100,000.00), PSP must submit a completed HUB Subcontracting Plan acceptable to TFC and that shall be approved by TFC prior to execution of the Assignment. When required, PSP shall submit an updated HSP on the HUB Subcontracting Plan Form, Exhibit G, attached to and incorporated in the Agreement, or on any HUB form(s) modified by the Comptroller of Public Accounts. Upon TFC approval of a completed HSP and/or HSP update(s), such completed HSP and/or HSP update(s) shall become, without further notice or action, a part of the incorporated Exhibit I. PSP shall provide the HUB program of TFC with pertinent details of any participation by a HUB in fulfilling the duties and obligations arising hereunder on the PARs form, Exhibit H, attached to and incorporated in the Agreement, or any HUB form(s) modified by the Comptroller of Public Accounts. No changes to the HSP can be made by the PSP without the written approval of TFC. 5.2 Section 11.3 Requirement to Utilize HUB Compliance Reporting System is corrected as to citation number by deleting the Section in its entirety and replacing it with Section 11.3, as follows:

Historically Underutilized Businesses. (“HUBs”). PSP will proactively comply In accordance with state law, it is TFC’s policy to assist HUBs, whether minority or women-owned, whenever possible, to participate in providing goods and services to the agency. TFC encourages those parties with whom it contracts for the provision of goods and services to adhere to this same philosophy in selecting subcontractors to assist in fulfilling PSP’s obligations with TFC’s established policies regarding the utilization of HUB and all other applicable administrative rules and statutes relating to utilization of HUB’s by TFC for the Project, including (i) TFC’s HUB program, and (ii) the HUB Compliance Reporting System as described in UGC Article 4. A copy of the Approved HSP for this Renewal Period HUB Subcontracting Plan (“HSP”) is attached hereto as Exhibit I G and incorporated herein for all purposes. When required, PSP shall submit an updated HSP on the HUB Subcontracting Plan Form. If PSP subcontracts with others for some or all of the services to be performed under an Assignment to this Agreement, PSP shall comply with all HUB requirements pursuant to Chapter 2161 of the Texas Government Code. At or prior to the execution of an Assignment with a value that is anticipated to meet or exceed $100,000.00, PSP must submit a completed provide an updated HUB Subcontracting Plan acceptable to TFC and that XXX@xxx.xxxxx.xxx, which shall be approved by TFC TFC’s HUB Program prior to execution of the Assignment. When requiredA copy of the HUB Subcontracting Form on which such updated HSP must be submitted, PSP shall submit is attached hereto and incorporated herein for all purposes as Exhibit H. Upon approval by the TFC HUB Program, and without further action, an updated HSP on the HUB Subcontracting Plan Form, Exhibit G, attached to and incorporated in the Agreement, or on any HUB form(s) modified by the Comptroller of Public Accounts. Upon TFC approval of a completed HSP and/or HSP update(s), such completed HSP and/or HSP update(s) shall become, without further notice or action, become a part of the incorporated Exhibit I. PSP G. The approved HSP shall provide the TFC HUB program of TFC Program with pertinent details of any participation by a HUB in fulfilling the duties and obligations arising hereunder under an Assignment on the PARs form, Exhibit H, HUB Subcontracting Plan Progress Assessment Report (“PAR”). A copy of the PAR Form is attached to hereto and incorporated in the Agreement, or any HUB form(s) modified by the Comptroller of Public Accounts. No changes to the HSP can be made by the PSP without the written approval of TFC. 5.2 Section 11.3 Requirement to Utilize HUB Compliance Reporting System is corrected herein for all purposes as to citation number by deleting the Section in its entirety and replacing it with Section 11.3, as follows:Exhibit I.

Historically Underutilized Businesses. (“HUBs”). PSP will proactively comply In accordance with state law, it is TFC’s policy to assist HUBs, whether minority or women-owned, whenever possible, to participate in providing goods and services to the agency. TFC encourages those parties with whom it contracts for the provision of goods and services to adhere to this same philosophy in selecting subcontractors to assist in fulfilling PSP’s obligations with TFC’s established policies regarding the utilization of . An Approved HUB and all other applicable administrative rules and statutes relating to utilization of HUB’s by TFC for the Project, including Subcontracting Plan (i“HSP”) TFC’s HUB program, and (ii) the HUB Compliance Reporting System as described in UGC Article 4. A copy of the Approved HSP for this Renewal Period is attached hereto as Exhibit I G and incorporated herein for all purposes. When required, PSP shall submit an updated HSP on the HUB Subcontracting Plan Form. If PSP subcontracts with others for some or all of the services to be performed under an Assignment to this Agreement, PSP shall comply with all HUB requirements pursuant to Chapter 2161 of the Texas Government Code. At or prior to the execution of an Assignment with a value that is anticipated to meet or exceed $100,000.00, PSP must submit a completed provide an updated HUB Subcontracting Plan acceptable to TFC and that XXX@xxx.xxxxx.xxx, which shall be approved by TFC TFC’s HUB Program prior to execution of the Assignment. When requiredA copy of the HUB Subcontracting Form on which such updated HSP must be submitted, PSP shall submit is attached hereto and incorporated herein for all purposes as Exhibit H. Upon approval by the TFC HUB Program, and without further action, an updated HSP on the HUB Subcontracting Plan Form, Exhibit G, attached to and incorporated in the Agreement, or on any HUB form(s) modified by the Comptroller of Public Accounts. Upon TFC approval of a completed HSP and/or HSP update(s), such completed HSP and/or HSP update(s) shall become, without further notice or action, become a part of the incorporated Exhibit I. PSP G. The approved HSP shall provide the TFC HUB program of TFC Program with pertinent details of any participation by a HUB in fulfilling the duties and obligations arising hereunder under an Assignment on the PARs form, Exhibit H, HUB Subcontracting Plan Progress Assessment Report (“PAR”). A copy of the PAR Form is attached to hereto and incorporated in the Agreement, or any HUB form(s) modified by the Comptroller of Public Accounts. No changes to the HSP can be made by the PSP without the written approval of TFC.herein for all purposes as Exhibit I. 5.2 Section 11.3 Requirement to Utilize HUB Compliance Reporting System is corrected as to citation number by deleting the Section in its entirety and replacing it with Section 11.3, as follows: