The following definitions apply to this section:
“Electronic record” has the same meaning as in § 1633.2 of the California Civil Code, as may be amended.
“Electronic signature” has the same meaning as in § 1633.2 of the California Civil Code, as may be amended.
“Digital signature” has the same meaning as in § 16.5 of the California Government Code, as may be amended.
“UETA” means the Uniform Electronic Transactions Act, commencing at § 1633.1 of the California Civil Code.
(Ord. 550 § 1, 2019)
In any transaction or communication with the city for which the parties have agreed to conduct the transaction or communication by electronic means, the following provisions apply:
A. When a record is required to be in writing, an electronic record satisfies that requirement, if the electronic record is in accordance with the UETA.
B. When a signature is required, the parties may agree that either:
1. An electronic signature satisfies that requirement, if it is in accordance with the UETA; or
2. A digital signature satisfies that requirement, if it is in accordance with § 16.5 of the California Government Code.
C. This section is intended to enable the city to use electronic records, electronic signatures, and digital signatures to the fullest extent allowed by law, and does not limit the city's ability to use electronic records, electronic signatures, or digital signatures in any way. All use of electronic records, electronic signatures, and digital signatures by the city shall be in accordance with city administrative policies and procedures, as may be designated and amended from time to time by the city manager or his or her designee.
D. Any use of electronic records, electronic signatures, and digital signatures by the city that is not in accordance with this section and city administrative policies and procedures, or any unauthorized signing of any contract, record, or other document, shall render such contract, record, or other document invalid as not fully and properly executed by the city.
E. Authority to sign or execute contracts, records, or other documents via electronic signatures or digital signatures may be delegated by the city manager or other city department heads to designated city staff members. The act of delegation of electronic signature authority by the city manager or other city department head must be memorialized in writing, including, but not limited to, memorandum, city form, e-mail, or delegation process recorded within electronic signature software.
(Ord. 550 § 1, 2019)
A. This section applies to any contract or agreement ("contract") imposing a financial liability or obligation upon the city, or subjecting the city to any form of equitable relief. No contract shall be effective unless authorized by vote of the city council or by this section.
B. In accordance with California Government Code § 40602, the mayor shall execute all contracts made or entered into by the city, unless another city officer or employee is otherwise authorized to execute such contract pursuant to this code or ordinance adopted by the city council. The city manager is hereby authorized to sign the following types of contracts made or entered into by the city:
1. Contracts for goods or services less than or equal to an amount established from time-to-time by resolution of the city council;
2. Contracts approved by resolution or minute order of the city council;
3. Settlement agreement contracts approved by the city council; and
4. Contracts concerning the administrative business of the city which the city manager has direction and control over pursuant to:
a. His or her contract with the city;
b. This code; or
c. An ordinance of the city council.
C. All contracts executed by the mayor, city manager or other city council officer or employee of the city shall be attested to by the city clerk as required by state and federal law and city administrative policy.
D. No person other than the mayor, the city manager or other person expressly authorized by this section or other provision of this code may bind the city. Any purported contract not executed in conformity with this section or other provision of this code is void and shall not be the subject of implied ratification or estoppel, unless expressly ratified by resolution duly adopted by the city council.
(Ord. 550 § 1, 2019)