R-8966
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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
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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
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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
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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.
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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
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MARSHA JO MOUTRIE
Clty Attorney
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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