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CC Resolution No. 15-101 Approving a Policy to Allow the Use of Electronic Signatures on City Documents RESOLUTION NO. 15-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A POLICY TO ALLOW THE USE OF ELECTRONIC SIGNATURES (E-SIGNATURES) ON CITY DOCUMENTS SECTION I: PROTECT DESCRIPTION This resolution authorizes the use of electronic signatures on City documents. SECTION II: WHEREAS, federal and state regulations have provided sufficient guidelines to allow for the implementation of electronic content, electronic transactions and electronic signatures; and WHEREAS, technology has developed to a level of sophistication to enable secure and verifiable electronic signatures; and WHEREAS, Cupertino continues to be a regional environmental leader, offering award-winning, grant-funded, publically-recognized programs, policies and services that are sought after and modeled by adjacent communities; and WHEREAS, Cupertino's commitment to the environment and waste-reduction is evidenced by its City's Climate Action Plan, General Plan Sustainability Element, Green Purchasing Policy, Green Events Policy, Green Building Ordinance, and Green Business Program; and WHEREAS, Cupertino encourages conservation by sharing sustainability tips (e.g. "think before you print") including, a website Cupertino.org/green; and WHEREAS, the use of e-signatures and digital signatures in City business will not only increase efficiency for staff, but also will provide a layer of convenience and efficiency for City residences who are in need of City services; and WHEREAS, the state legislature adopted AB2188 regarding the streamlining for solar panel permits which recognizes the City's ability to accept "electronic" signatures; and WHEREAS, the California Secretary of State has issued an opinion that the "digital" signature requirements of the Secretary of State Regulations (2 CCR 22000, et seq.) do not apply to the use of "electronic" signatures; WHEREAS, the City Manager will oversee and determine, with the recommendation of the City Attorney and the Information Technology Director, or other designee, the appropriate use of electronic signatures for City documents; and Resolution No. 15-101 Page-2 WHEREAS, adoption of an electronic signature policy is not a project subject to environmental review. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of staff reports, public comments, and other evidence submitted in this matter, the City Council does: 1. The above recitations are true and correct. 2. The City Council E-Signature Policy is adopted as shown in Exhibit A to this resolution. PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Cupertino the 17th day of November 2015, by the following vote: Vote Members of the City Council AYES: Sinks, Chang, Paul, Vaidhyanathan, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: at/S:24E6,2kt , - $ an Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino Resolution No.15-101 Page-3 . Exhibit A CITY OF CUPERTINO CITY COUNCIL POLICY TO ALLOW THE USE OF ELECTRONIC SIGNATURES (E-SIGNATURES) ON CITY • DOCUMENTS Purpose To enable the City of Cupertino to accept an approved electronic signature, in lieu of a written signature, on a document in which a signature is required or used, in compliance with the law. This policy does not supersede laws that specifically require a written signature. This policy does not limit the right or option to conduct the transaction on paper or in non-electronic form and the right to have documents provided or made available on paper. Background The use of electronic signatures on legally binding documents has become increasingly prevalent in the private sector but has yet to find widespread adoption by public entities. The benefits of electronic signatures are simple and numerous: they cut down on the paper, time and cost associated with transmitting and approving physical documents, and they can offer an easily accessible audit trail of the modification, editing, and approval/signature of documents. This policy will authorize the use of electronic signatures on the City of Cupertino documents while allowing the city to strike a balance between flexibility and the need for signature security and integrity. POLICY 1. To the fullest extent permitted by law, the City of Cupertino accepts e-signatures as legally binding and equivalent to handwritten signatures to signify an agreement in compliance with the law. 2. This policy applies to all employees of the City of Cupertino, and governs all uses of electronic signatures and electronic records used to conduct the official business of the City of Cupertino. Such business may include, but not be limited to electronic communications, transactions contracts, permits and other official purposes, both internal and external to the city, except that contracts that require Council authorization will continue to require digital or wet (manual) signatures. The City Manager may in any circumstance determine that a particular transaction be conducted by a digital or wet (manual) signature. Resolution No.15-101 Page-4 3. Where a city policy requires that a record have the signature of an authorized person that requirement is met when the electronic record has associated with it an electronic signature using a city approved electronic signature method. 4. Where a city policy requires a written document, that requirement is met when an electronic record has associated with it an electronic signature using a city approved electronic signature method. 5. The City of Cupertino's right to option to conduct a transaction on paper or in non- electronic form shall not affect the City of Cupertino's right, option or obligation to have documents provided or made available in paper format. 6. Approved and automated processes for a City of Cupertino transaction are automatically subject to the provision of this policy. 7. Periodic reviews will be implemented for appropriateness and continued applicability of electronic signatures. 8. If the parties have agreed to conduct a transaction by electronic means, the parties are required to utilize the city's electronic signature system for approved, electronically signed documents and that all applicable security processes for. authentication be followed. 9. Where a legal requirement beyond city policy requires a written document that requirement is met when an electronic record has associated with it an electronic signature using an approved electronic signature method, which complies with California state law. 10. Appropriate procedures must be used to confirm that the person signing the record has the appropriate authority. 11. This policy applies only to transactions between parties which have agreed to conduct transactions by electronic means with the use of the city's approved electronic signature method. 12. If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, in an electronicrecord capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient of the sender or its Resolution No. 15-101 Page-5 information processing system inhibits the ability of the recipient to.print or store the electronic record. 13. This policy shall not apply to any transaction that requires a person's signature to be signed in the presence of a notary public. 14. The final approval of any electronic signature method will be by the City Manager with the recommendation of the City Attorney and the Information Technology Director, or other designee. In determining whether to approve an electronic signature method, consideration will be given to the systems and procedures associated with using that electronic signature, and whether the use of the electronic signature is at least as reliable as the existing method being used. 15. In the event that it is determined that an approved electronic signature method is no longer trustworthy, the City Manager must revoke the approval of that electronic signature method. If there is continued significance for the electronic signatures, which used the revoked method, the City Manager will take steps to see that any valid records signed with the revoked electronic signature method are signed again either with a written signature or with an approved electronic signature method.