HomeMy WebLinkAbout15-072RESOLUTION NO. 15-072
A RESOLUTION PROVIDING THAT THE PROPOSED BIOFUELS FEEDSTOCK
FEASIBILITY TO BE CONDUCTED PURSUANT TO A RURAL BUSINESS ENTERPRISE
GRANT AWARD SHALL NOT ADVERSELY AFFECT EXISTING COMPETITIVE
ENTERPRISES OR RESULT IN AN INCREASE IN UNEMPLOYMENT; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (hereinafter called "public
body") desires to obtain financial assistance from Rural Development, United States Department of Agriculture
pursuant to Section 310 B of the Consolidated Farm and Rural Development Act, for the purpose of conducting a
Biofuels Feedstock Feasibility Study in conjunction with the Treasure Coast Education, Research and Development
Authority ("TCERDA") (herein referred to as the "Project"); and'
WHEREAS, as a condition to and in consideration of receiving financial assistance from Rural Development,
it is necessary to adopt a resolution regarding potential impacts on existing competitive enterprises and
unemployment which may be affected by the Project.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida:
1. The Project shall not be conducted in a manner which will allow, or is likely to allow, private
business enterprises to transfer from one area to another any employment or business activity provided by
operations of the private business enterprises. This limitation shall not be construed to prohibit conduct of the
Project by such private business entity through the establishment of a new branch, affiliated, or subsidiary if the
establishment of such branch, affiliate, or subsidiary will not result in the increase in unemployment in the area of
original location (or in any other area where such entity conducts business operations), unless there is a reason to
believe that such branch, affiliate, or subsidiary is being established with the intention of closing down the
operations of the existing business entity in the area of its original location (or in any other area where it conducts
such operation).
2. The Project shall not be conducted in a manner which will allow, or is likely to allow, a private
business enterprises to increase the production of goods, materials, or commodities, or the availability of services
or facilities in the area, where there is not sufficient demand for such goods, materials, commodities, services or
facilities to employ the sufficient capacity of existing competitive commercial or industrial enterprises, unless such
financial or other assistance will not have an adverse effect upon existing competitive enterprises in the area.
3. Prior to allowing the conduct of the project by any private business enterprise, the public body
shall clear such action with the Manpower Administration, Department of Labor, Washington, DC, by submitting
information required by the Department of Labor for certification under the Act. This information shall be
submitted to Rural Development for transmittal to the Department of Labor. The public body agrees to make no
final commitment with any private business enterprise regarding such action if the Department of Labor issues a
negative certification under the Act. The public Body shall obtain prior clearance in this matter for a period of three
years after the date of an affirmative certification by the Department of Labor on the application for financial
assistance now pending before the Rural Development.
4. This Board authorizes the Chair and/or the County Administrator, as appropriate under County
purchasing policies and procedures, to execute all necessary documents related to this matter subject to the review
and approval of the County Attorney as to legal form and correctness. In the absence of the Chair, the Vice Chair is
authorized to sign on behalf of the County.
5. This resolution shall take effect on the date of adoption.
After motion and second the vote on this resolution was as follows:
Commissioner Paula A. Lewis, Chair
AYE
Commissioner Kim Johnson, Vice Chair
AYE
Commissioner Chris Dzadovsky
AYE
Commissioner Frannie Hutchinson
AYE
Commissioner Tod Mowery
AYE
PASSED AND DULY ADOPTED this 5th day of May, 2015.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE OUNTY, FLORIDA
BY: Yj"vz"X4 � //'
Chair
APPROVE6'AS TO F
CORRECTNESS: Ai
BY:
County