Brownsville First Jobs & Contracts

Charter Amendment

BE IT ORDAINED BY THE VOTERS OF THE CITY OF BROWNSVILLE, TEXAS:

Sec. X.01 – Title.

This article shall be known as the Brownsville First Jobs & Contracts Policy.

Sec. X.02 – Purpose.

The voters of the City of Brownsville enact this policy to ensure that taxpayer-funded contracts support local hiring, fair access for small businesses, and safe working conditions. The purposes of this policy are to:

(a) Strengthen participation of local and small businesses in City contracts;

(b) Keep public funds circulating in the local economy;

(c) Promote accountability, safety, and transparency in City procurement;

(d) Support training opportunities that connect residents with City-funded work; and

(e) Ensure that City contracts deliver high-quality work and best value for taxpayers, consistent with applicable state procurement laws.

Sec. X.03 – Definitions.

For purposes of this Article:

1. City Contract means any agreement for services, labor, or materials exceeding $1,000,001 funded in whole or part by the City.

2. Local Worker means a person residing within Cameron, Hidalgo, Starr, or Willacy Counties.

3. Small Business means an independently owned business with 50 or fewer employees.

4. OSHA-10 means a ten-hour safety training course approved by the Occupational Safety and Health Administration.

Sec. X.04 – Contract Specifications for City-Funded Projects.

All City Contracts shall include the following contract conditions, to the extent permitted by state and federal law:

1. Contractors shall certify compliance with all applicable laws, including wage laws (state and federal), and may voluntarily commit to higher wage standards.

2. Contractors shall ensure that each on-site worker has completed OSHA-10 or equivalent safety training before beginning work.

3. Contractors shall disclose whether they carry workers’ compensation insurance or equivalent coverage and comply with all applicable state disclosure requirements.

4. Contractors are encouraged, but not required, to make good-faith efforts to hire Local Workers. Contractors must document their good-faith efforts to hire Local Workers.

5. Contractors shall cooperate with compliance monitoring approved by the City for contract terms.

Sec. X.05 – Incentives and Prioritization.

1. Small and Local Business Preference. The City may establish scoring criteria that give preference to Small Businesses or businesses headquartered in the Rio Grande Valley, provided such criteria comply with state procurement laws.

2. Workforce Training Partnerships. Contractors are encouraged to partner with local workforce programs, unions, or educational institutions to recruit and train workers.

3. Transparency. The City shall maintain a public dashboard listing contract recipients, available compliance reports, and participation outcomes, provided such criteria comply with state laws.

Sec. X.06 – Local Jobs & Business Access Program.

The City shall create and maintain a Local Jobs & Business Access Program to:

1. Assist Small and Local Businesses in bidding for and complying with City Contracts;

2. Provide free technical assistance in English and Spanish for contract paperwork, compliance, and certification;

3. Maintain a directory of local contractors who meet contract requirements;

4. Conduct quarterly outreach and training sessions open to the public;

5. Coordinate with workforce training entities to help grow a qualified local labor pool.

Sec. X.07 – Legal Compliance.

This policy applies only as conditions of City contracting and shall not regulate wages, hiring, or benefits outside the scope of public procurement. Implementation must comply with the Texas Local Government Code, the Texas Constitution, House Bill 2127 (2023), and any subsequent state or federal law. The City Attorney shall review contract forms and program rules for compliance prior to enforcement.

Sec. X.08 – Review and Reporting.

The City Commission shall conduct a public review of this policy every three years, including:

1. A compliance report from the Procurement Office and any monitors;

2. A summary of local business participation;

3. Data from the Local Jobs & Business Access Program;

4. Public comment and recommendations for improvements.

Sec. X.09 – Severability.

If any part of this article is found invalid or preempted by state or federal law, the remaining sections shall remain in effect. The City Commission may amend contract forms or program rules to conform to changes in law while preserving the intent of this Article.