2022/01/05 Council Agenda Packet

Electronic Transactions Act, as existing or amended. 4. To the fullest extent consistent with the City Charter and City ordinances, the Mayor, City Clerk, Department Directors, City Attorney, and each of their designees, are authorized to use the Adobe Sign electronic signature platform or the DocuSign electronic platform or any alternative or future replacement of such platform to affix electronic signatures to City records as provided in this policy. 5. Electronic signatures may be used on City records requiring execution by a third party. 6. Electronic signatures cannot by applied using another official or employee's name. Records signed on behalf of the Mayor, Mayor Pro Tempore, City Council, City Clerk, Department Directors, or City Attorney, or other authorized signer by a Designee shall use their own electronic signature. Staff attorneys as designated by the City Attorney may approve contracts as to form on behalf of the Office of the City Attorney. Clerk staff as designated by the City Clerk may attest contracts on behalf of the Office of the City Clerk. 7. An electronic signature is an acceptable substitute for a wet signature on records requiring the signature of any record whenever the use of a wet signature is authorized or required, except as provided herein. 8. If an electronic signature is used for interstate transaction or for document required by the US Federal Government, the electronic signature shall comply with the requirements of the Electronic Signatures in Global and Electronic Commerce Act. 9. This policy in no way affects the City's ability to conduct a transaction using a physical medium and shall not be construed as a prohibition on the use of wet signatures. 10. In the event that the law requires that a document be notarized, acknowledged, verified, or made under oath, this requirement is satisfied if the electronic signature is of the person authorized to notarize, acknowledge, verify, or administer the oath, together with the other information required by other applicable law, is attached or logically associated with the signature or record. 11. The City may accept documents that have been notarized electronically provided that the electronic notarization complied with WAC 308-30 and RCW 42.45. VI. Technical Standards 1. At a minimum, any approved use of an electronic or digital signature must comply with the following ("technical standards"): a. Provide for security, authentication, record integrity, record retention, and nonrepudiation of the electronic communication; b. Verify the signer is who they represent themselves to be because the signer has had to prove their identity to a certificate authority to obtain the digital signature; c. Confirm the signature was applied to the document and not copied from another document because the signature file is cryptographically bound to the document; d. Ensure the document was not altered after it was signed; and e. Provide for validation of incoming electronic signatures.