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)