HomeMy Public PortalAbout7D) Adoption of Reso. No. 20-5463 Electronic signatureAGENDA
ITEM 7.D.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: April 7, 2020
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Peggy Kuo, City Clerk
Susan Paragas, Administrative Services Director
SUBJECT: ADOPTION OF RESOLUTION NO. 20-5463, AUTHORIZING THE USE OF
ELECTRONIC SIGNATURES ON CITY DOCUMENTS
RECOMMENDATION:
The City Council is requested to:
1. Adopt Resolution No. 20-5463 (Attachment “A”), authorizing the use of electronic
signatures on City documents; and
2. Authorize certain signers listed in Resolution No. 20-5463 to have the authority to
electronically sign City documents during the COVID-19 Safer at Home period or
until May 30, 2020.
BACKGROUND:
On March 19, 2020, County of Los Angeles issued a safer-at-home order to mitigate
the spread of the coronavirus outbreak. The health order, which applies to the City of
Temple City, was effective immediately until April 19.
ANALYSIS:
The Safer at Home order (Order) was implemented on March 19, 2020. City facilities
remained closed to the public as staff continues to work remotely in response to the
Order. Since the Order was issued, it has been challenging getting city documents and
agreements signed by the required signers. Staff needed an alternative to obtaining
“wet” or manual signatures. One of the most widely accepted method in lieu of
traditional method of executing documents is the use of electronic signatures on legally-
City Council
April 7, 2020
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binding documents. Electronic signature may be as simple as typing a name or
checking a box.
The general legal framework for the use of electronic signatures on electronic rec ords
has been in place for a considerable period of time. In 1999, the State of California
adopted a version of the Uniform Electronic Transactions Act (UETA), guaranteeing
that electronic signatures would have the same legal effect as a “wet” or manual
signature. In 2000, Congress passed the Electronic Signatures in Global and National
Commerce Act (E-SIGN Act), which mandate the same treatment of electronic
signatures in interstate or foreign commerce. Although Government Code 16.5 and the
California Secretary of State’s regulations set forth requirements for the use of “digital
signatures,” they do not limit the manner in which the City may use or accept electronic
signatures generally.
The proposed resolution would authorize the use of electronic signatures on city
documents and agreements during the COVID-10 Order or until May 3, 2020. The
resolution will also identify which staff will be able to utilize the electronic signature to
execute city documents and agreements (i.e., Mayor, City Manager, C ity Attorney,
Administrative Services Director, and City Clerk). Approval of the use of the electronic
signature does not change the City’s policy which requires Council approval for
purchases/spending over $25,000.
Adoption of the resolution will authorize the City to avail itself to digital and electronic
signatures for various City records and transactions while allowing the City to strike a
balance between flexibility and the need for signature security and integrity.
CITY STRATEGIC GOAL:
Approval for use of electronic signatures on electronic documents will promote City
Strategic Goals of Good Governance.
FISCAL IMPACT:
There is no fiscal impact associated with adoption of the resolution. There may be costs
associated with procuring and implementing an electronic signature software program
that is compliant with UETA. A budget amendment request will be presented to Council
should there be a need.
ATTACHMENT:
A. Resolution No. 20-5463
ATTACHMENT “A”
RESOLUTION NO. 20-5463
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AUTHORIZING THE USE OF
ELECTRONIC SIGNATURES TO EXECUTE OFFICIAL CITY
DOCUMENTS
WHEREAS, digital signature technology allows municipalities and other entities to
collect and preserve signatures on documents quickly, securely, and efficiently; and
WHEREAS, pursuant to California Government Code Section 16.5, the City may
elect to use a digital signature and may accept a digital signature from another party, for
any written communications with the City; and
WHEREAS, the condition under which the City of Temple City will accept digital
signatures on City documents shall comply with the requirements of California Code of
Regulations; and the Uniform Electronic Transaction Act, commencing at section 1633.1
of the California Civil Code; and
WHEREAS, the City intends to make use of digital signatures for official
documents, as necessary and appropriate during the Safer at Home period due to
COVID-19 or May 30, 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY, CALIFORNIA AS FOLLOWS:
SECTION 1. The City Council finds that all the facts set forth in the Recitals of this
Resolution are true and correct.
SECTION 2. That only the Mayor, City Manager, City Attorney, Administrative Services
Director, and the City Clerk are authorized to utilize digital signatures to sign documents
necessary to continue and facilitate city business.
SECTION 3. The City intends to make use of digital signatures for official documents, as
necessary and appropriate during the Safer at Home period due to COVID -19 or May 30,
2020.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 7th day of April, 2020.
Tom Chavez, Mayor
Resolution No. 20-5463
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ATTEST: APPROVED AS TO FORM:
Peggy Kuo, City Clerk Greg Murphy, City Attorney
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing
Resolution No. 20-5463 was adopted by said Council at the regular meeting held on the
7th day of April 2020, by the following vote:
AYES: Councilmember –
NOES: Councilmember –
ABSENT: Councilmember –
ABSTAIN: Councilmember –
Peggy Kuo, City Clerk