Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:
"Acceptable technology"
means technology, acceptable for use in the State of California, capable of creating signatures and which conforms to the requirements in both Government Code Section 16.5 and 2 California Code of Regulations Section 22003.
"Digitally signed communication"
means a message that is processed by acceptable technology in such a manner that ties the message to the signer.
"Electronic document"
means all records retained by the city in its regular course of business that are specifically designated by the city council, city manager, city clerk, or city attorney as being eligible for execution via an electronic signature. Such designation must be set forth in the body of a record and substantially read as follows: "This document may be executed with electronic signatures in accordance with Government Code Section 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature."
"Electronic signature"
means an electronic symbol or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document. For purposes of these standards, a "digital signature" as defined in Government Code Section 16.5 is a type of electronic signature.
"Message"
means a digital representation of information intended to serve as a written communication provided to the city by a public entity or private entity.
"Person"
means a human being or any organization capable of signing a document, either legally or as a matter of fact.
"Public entity"
has the same meaning as Government Code Section 811.2.
"Signer"
means the person who signs a digitally signed communication with the use of an acceptable technology to uniquely link the message with the person sending it.
"Technology"
means the computer hardware and/or software-based method or process used to create digital signatures.
(Ord. 2201 § 2, 2021)
The city clerk, or designee, may utilize this chapter when processing all city documents including, without limitation, ordinances, resolutions, and agreements.
(Ord. 2201 § 2, 2021)
(a) 
Digital signatures may be used for electronic documents. Only digital signatures created by an acceptable technology will be deemed valid.
(b) 
Before accepting a digital signature, the city clerk, or designee will determine acceptable technologies and vendors to provide the means for employing digital signatures under these standards, consistent with industry best practices, to ensure the security and integrity of the data and the signature; including, ensuring that:
(1) 
The level of security used to identify the signer of a document and transmit the signature is sufficient for the transaction being conducted; and
(2) 
The certificate format used by the signer is sufficient for the security and interoperability needs of the public entity.
(c) 
The use of a digital signature compliant with this section will have the same force and effect as the use of a manual signature using ink applied to paper (aka "wet signature").
(Ord. 2201 § 2, 2021)
For any electronic document consisting of an agreement with the city, in which a signature is required or used, the city may authorize the use of an electronic signature by any party, so long as the electronic transaction complies with the requirements of Civil Code Sections 1633.1, et seq.
(Ord. 2201 § 2, 2021)