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HomeMy WebLinkAboutR-11129 adopting a citywide policy regarding Electronic Signature useR 11129 RESOLUTION NO. 11129 (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADOPTING A CITYWIDE POLICY REGARDING ELECTRONIC SIGNATURE USE WHEREAS, e-signatures (electronic signatures) that meet certain requirements are recognized as valid and legally binding under the United States Electronic Signatures in Global and National Commerce (“ESIGN”) Act, the California Uniform Electronic Transactions Act (“UETA”), and California Government Code section 16. 5; and WHEREAS, the use of e-signatures on legally binding documents has become increasingly prevalent in the private sector but has yet to find widespread adoption by public entities; and WHEREAS, the benefits of using e-signatures include: reduction of paper generation; increased efficiency for staff; increased convenience and efficiency for City residences who are in need of City services; significant decrease in time and cost associated with transmitting, approving, and retaining physical documents; as well as creation of an audit trail of the modification, editing, and approval/ signing of documents; and WHEREAS, by Ordinance 1637 the City has accepted e-signatures for electric vehicle charging station applications since 2017, specifically, the City of San Luis Obispo Municipal Code 15.15.050, stating, “The city will accept an electronic signature on all forms, applications and other documents in lieu of a wet signature by an applicant”; and WHEREAS, in practice the City has been accepting e-signatures for contracts and agreements since 2018; and WHEREAS, to limit the chance of spreading COVID-19, City Council Resolutions, Ordinances, and Minutes began utilizing e-signatures on March 17, 2020. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby authorizes City officials, or their designees, to accept electronic signatures, created by a system that complies with the ESIGN Act and UETA, in lieu of handwritten signatures on all documents, unless a handwritten signature is required by law or by decision of the City Manager in coordination with Department head(s). SECTION 2. “Electronic signature” has the same meaning as stated in Section 1633.2(h) of the California Civil Code, or as may be amended. SECTION 3. The type of documents that may utilize e-signatures include, but are not limited to; electronic communications, transactions, contracts, agreements, permits, official minutes, resolutions, ordinances, and other official documents, both internal and external to the City. Resolution No. 11129 (2020 Series) Page 2 R 11129 SECTION 4. This resolution of authorization does not supersede federal, state, or local laws that specifically require a written signature. SECTION 5. This resolution does not limit the right or option of a party to conduct the transaction on paper or in non-electronic form. The parties to a transaction must agree to conduct the transaction by electronic means with the use of a City-approved signature method that complies with applicable laws and regulations, including the capability of all parties to retain the accurately reproduced document that was electronically signed for record purposes. Upon motion of Council Member Christianson, seconded by Council Member Pease, and on the following roll call vote: AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 16th day of June 2020. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ____________________________________ Teresa Purrington City Clerk