AgdaPkt 2020-10-26 Joint SA PFA - Laserfiche WebLink

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6.E. - Page 8 of 10 DRAFT and electronic record), requires intent of the signer, gives special considerations for consumers, and gives certain directions for electronic records retention. (See 15 U.S.C. Section 7001 et seq.) B. Requirements for Accepting Electronic Signatures The use of electronic signatures is permitted and shall have the same force and effect as the use of manual, or "wet" signatures if all of the following criteria are met: 1. The electronic signature or initial has been generated using an acceptable form of technology to generate and save the signature. Acceptable forms of technology shall be determined by the City Manager or his or her designee. 2. The electronic signature is capable of verification. 3. The electronic signature is under the sole control of the person using it. 4. Electronic notifications requesting electronic signatures are not forwarded to a third party unless the authority to sign the document has been properly delegated through an acceptable form of technology (e.g., an automated document workflow process). 5. The electronic signature can be linked to the data in such a manner that it is readily ascertainable if the data has been changed after the signatures is applied. All documents submitted for electronic signature must be in PDF format. C. Documents and Uses 1. The City of Redwood City will utilize electronic signatures in lieu of manual, or "wet" signatures whenever possible. 2. If a third party entity who is required to sign a document does not consent to the use of electronic signatures, of if the entity requires a wet signature for legal purposes, the City of Redwood City will honor such requirements and provide a manual signature in lieu of an electronic signature. a. Language will be added to all City agreements informing the parties that an electronic signature will be used and treated with the same force of a wet signature, unless the third party does not agree to sign using an electronic signature, in which case a manual signature will be accepted. 3. Acceptable use of electronic signatures shall be determined by the City Clerk in consultation with the City Attorney, the City Manager, and applicable laws. In general, this policy addresses three categories of documents when determining the acceptability of an electronic signature. a. Internal Documents — Examples include memos, reports, request forms, Human Resources documents, and other documents that are used to conduct business within and between City departments and staff. The use of a facsimile signature and an image of a signature electronically affixed to a document are acceptable for Internal Documents provided that appropriate safeguards are observed, as determined by the City Manager or designee. b. External Documents— Examples include agreements for services and/or goods, and other agreements between the City and outside entities seeking to do business with the City of Redwood City. The use of a facsimile signature and an image of a signature electronically affixed to a document is not acceptable for External Documents. c. Recorded Documents — Examples include deeds, documents required for real property transactions, other documents that affect title to real property, and any document that requires recordation with the County Recorder. Wet signatures shall be required for Page 2 of 4 129