(a) For purposes of this section:
(1) “Contract” means the total legal obligation that results from the parties’ agreement.
(2) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.
(4) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(5) “Reverse auction” means a purchasing process in which offerors submit bids or proposals in competing to sell services or supplies though a internet software system in accordance with the rules and regulations adopted by the Director of Finance under division (m) of this section.
(6) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(b) This section applies only to transactions where the party agrees to conduct transactions by electronic means. Whether the party agrees to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the party’s conduct.
(c) A party that agrees to conduct a transaction by electronic means with the City of Cleveland may refuse to conduct other transactions with the City of Cleveland by electronic means. The right granted by this division may not be waived by agreement.
(d) The director of the department involved may use electronic records and electronic signatures to form any contract for the sale or purchase of goods.
(e) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(f) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(g) If a law or ordinance requires a record to be in writing, an electronic record satisfies the requirement.
(h) If a law or ordinance requires a signature, an electronic signature satisfies the requirement.
(i) If a law or ordinance requires a record to be acknowledged, certified, or approved, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law or ordinance, is attached to or logically associated with the record.
(j) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature is attributable.
(k) Whenever the Commissioner of Purchases and Supplies determines that the use of a reverse auction is an advantageous method to purchase services or supplies, the Commissioner of Purchases and Supplies may purchase services or supplies by reverse auction.
(l) If a law or ordinance requires a purchase of services or supplies by a competitive sealed bid or sealed request for proposal, a contract to purchase services or supplies made though a reverse auction or an electronic record received through an internet software system in accordance with the rules and regulations adopted by the Director of Finance pursuant to division (m) of this section satisfies the requirement.
(m) The Director of Finance may adopt rules and regulations to carry out the provisions of this section, including but not limited to setting forth all of the following, which shall be effective thirty (30) days after publication in the City Record:
(1) The requirements for the method of creation, maintenance, and security of electronic records and electronic signatures.
(2) If electronic records is signed by electronic means, all of the following:
A. The type of electronic signature required;
B. The manner and format in which the electronic signature must be affixed to the electronic record.
(3) The security procedure that evidences the person to which the electronic record, electronic signature, or bid or proposal submitted though a reverse auction is attributable.
(4) Control processes and procedures as appropriate to ensure adequate preservation, integrity, security, confidentiality, and auditability of electronic records and bids and proposals offerors submit in a reverse auction.
(5) The procedural and substantive requirements for the Commissioner of Purchases and Supplies to purchase services or supplies by reverse auction.
(6) Any other required attributes for electronic records, electronic signatures, or reverse auctions that are specified for corresponding non- electronic records, non-electronic signatures, or non- electronic procurement practices that are reasonably, commercially, or legally necessary under the circumstances.
(Ord. No. 1032-07. Passed 8-8-07, eff. 8-16-07)