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R-8966 e e FINANCE:MD:RB:DC\Burmare Councll Meeting of November 28, 1995 Santa Monlca, California RESOLUTION NO. 8966 (CCS) (Clty Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A POLICY PROHIBITING THE CITY FROM ENTERING INTO CONTRACTS FOR PERSONAL SERVICES WITH THOSE WHO DO BUSINESS IN BURMA (MYANMAR) AND TO PROHIBIT THE PURCHASE OF COMMODITIES PRODUCED IN BURMA OR PROVIDED BY THOSE WHO DO BUSINESS IN BURMA AND/OR WITH THE MILITARY GOVERNMENT OF BURMA WHEREAS, the mll~tary government of Burma has been condemned by the United Natlons, the Un~ted States Department of State, Amnesty International, and Human Rights Watch for persecut~on of ltS citizens and other human rights abusesi and WHEREAS, the mllltary government of Burma has den~ed the majority of ltS citlzens the r~ght to participate ln the polltlcal process, to benefit from the system of justlce, or to exercise economic rights, and WHEREAS, the lmposition of strong sanctions by ~nd~v~dual municipal governments in the United States can be effectlve in helplng to encourage the development of democracy ln Burma that will respect the fundamental human rights of all of its cltlzensi and WHEREAS, the c2tizens and the government of the Clty of Santa Monlca reflect a community un~ted in lts commitment to e e pollcies which guarantee broad human rlghts to people throughout the world, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Defin~tlons. A. ITPersonll shall mean any individual, firm, partnership, corporatlon, associatlon, or any other organization or entlty, however formed. B "Mil~tary Government of Burman {also known as Myanmar} shall mean any public or quasl-public entity sanctloned by the State Law and Order Restoratlon Councll(SLORC) operat~ng wlthln Burma, lncluding, but not Ilmlted to municipal, provinc~al, or other governing bodles operatlng as a proxy of SLORC lncludlng all departments and agencies of such bodies, public ut~litles, publ~c facll~ties, or any national corporatlon ln whlch the public sector of Burma has a financial interest or operatlonal respons~billties. C. ITPersonal Serv~cesll shall mean the performance of any work and shall also lnclude the making of dlrect loans, investment counsel~ng, underwrltlng, provldlng brokerage serVlces, or acting as a trustee or escrow agent. D. IT Commoditles IT shall lnclude, but not be llmited to any supplies, goods, vehlcles, machlnery, or equipment. SECTION 2. The City of Santa Monica shall not enter lnto e e any contractual agreement for the provision of personal serVlces wlth any person, lncluding parent, subsidiary, or franchisee, who is provldlng personal services to the mllitary government of Burma. SECTION 3. Any person contracting w~th the Clty for the provlsion of personal serVlces shall be requlred as a materlal condltlon of any such contract to stlpulate that sald person does not and will not provide personal services to the military government of Burma unless and unt~l the people of Burma become self-governing. The provislons of thlS section shall apply to renewals of eXlsting contracts as well as to new contracts. SECTION 4 The Clty of Santa Mon~ca shall not purchase any commodity that is manufactured or produced in Burma, or produced and manufactured by any person who buys, sells, leases, or distributes commodities ln the conduct of business with the military government of Burma untll the people of Bur~a have become self-governing ln the determ~nation of the City Council SECTION 5. Any person contractlng with the City for the purpose of provldlng a commodity to the Clty shall be required as a material condition of any such contract to stipulate that the commodlty offered for sale lS nelther manufactured nor produced in Burma, and that the person, including lts parent, franchlsees, and Subsldlaries, does not conduct business w~th the m~litary government of Burma e e SECTION 6. When solicit~ng bids and proposals for personal serVlces or commodltles, the City of Santa Monica may require from each bidder or proposer either an affidavit dlsclos~ng or documents eVldenc~ng the extent of the person's contracts with the m~litary government of Burma SECTION 7. Upon a finding by the C~ty of Santa Mon~ca that a person has knowingly violated the contract stlpulations described ln Sections 3 and 5 above, the Clty shall cancel such contract. The remedy established by this sectlon ~s not exclusive and shall not supplant any other remedles established by law or contract. SECTION 8 The prohibi~ions of th~s resolution shall not apply under the followlng co~ditions: (a) The person offering the serv~ce or commod~ty ~B operating In Burma for the purpose of news reportlng or publishing. (b) The City Manager determ~nes that the speclal character~st~cs of the particular serv~ce or commod~ty offered by the person are necessary for the eff~c~ent operatlon of the City or the health, safety, or welfare of the public and no comparable product 18 available, or the comparable product 18 not available without substantial flnanclal loss to the City. The C~ty Manager shall notlfy the City Councll of any and all approved exceptlons to the POllCY. e e Sectlon 9. The City Clerk shall certify to the adoptlon of this resolut~on, and thenceforth and thereafter, the same shall be in full force and effect. APPROVED AS TO FORM ~ MARSHA JO MOUTRIE Clty Attorney e e Adopted and approved tins 28th of November, 1995 trJ~~ Mayor I hereby certIfy that the foregomg Resolution 8966 (CCS) was duly adopted at a meetmg of the CIty CouncIl held on the 28th of November. 1995 by the followmg vote Ayes Council members Abdo, Ebner, Genser, Holbrook, O'Connor, Rosenstem Noes CouncIl members None Abstam CouncIl members None Absent CounCIl members Greenberg ATTEST ~~~ City Clerk