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as follows:
CITY OF MEDINA, WASHINGTON
RESOLUTION NO. 409
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MEDINA; AUTHORIZING THE
USE OF ELECTRONIC SIGNATURES AND
ELECTRONIC RECORDS IN THE CITY OF MEDINA.
WHEREAS, in Chapter 19.360 RCW, the Washington State Legislature, to the
extent not already authorized by federal or state law, authorized electronic dealings for
governmental affairs and established the implementation framework for electronic
governmental affairs and governmental transactions; and
WHEREAS, in March 2020, through Engrossed Substitute Senate Bill 6028
(“ESSB 6028”), the Washington State Legislature repealed Chapter 19.360 RCW and
adopted the Uniform Electronic Transactions Act, which is intended to facilitate use of
electronic transactions consistent with other applicable law, and to bring consistency to
reasonable practices concerning electronic transactions and with the continued
expansion of those practices; and
WHEREAS, ESSB 6028 took effect on June 11, 2020; and
WHEREAS, ESSB 6028 defines an “electronic signature” as “an electronic
sound, symbol, or process attached to or logically associated with a record and executed
or adopted by a person with the intent to sign the record”; and
WHEREAS, ESSB 6028 defines an “electronic record" as “a record created,
generated, sent, communicated, received, or stored by electronic means”; and
WHEREAS, ESSB 6028 provides that “[a] record or signature may not be denied
legal effect or enforceability solely because it is in electronic form; a contract may not be
denied legal effect or enforceability solely because an electronic record was used in its
formation; if a law requires a record to be in writing, an electronic record satisfies the
law; and if a law requires a signature, an electronic signature satisfies the law”; and
WHEREAS, to promote social distancing during the COVID-19 pandemic, and to
increase the effectiveness and efficiency of the City of Medina’s business processes, the
City desires to leverage technology solutions such as DocuSign or other similar products
to apply authenticated electronic signatures to legally enforceable electronic records as
allowed by ESSB 6028.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Medina
Section 1. The City Council finds it to be in the public interest to allow the use of
electronic records and electronic signatures for City business to the fullest extent
Resolution No. 409 Page 2 of 2
allowed by law.
Section 2. The City Council recognizes that whenever the use of a written,
affixed by hand, or "wet" signature created when a person physically marks a document
with the intent to sign the record is authorized or required, an electronic signature may
be used with the same force and effect, except as otherwise required by law.
Section 3. A city document that is required by law to be signed in non-electronic
media may not be digitally or electronically signed.
Section 4. The Mayor, Deputy Mayor, and their designees are hereby authorized
to use the DocuSign electronic signature platform or any other similar technology
solution to affix electronic signatures to electronic records.
Section 5. The City Manager and all City of Medina employees who are
designated to sign city documents by the City Council, the City Manager, or as
authorized by law are hereby authorized to sign city documents digitally if such an option
is available.
Section 6. The City Council directs the City Manager to adopt appropriate
administrative policies or processes necessary to implement the use of electronic and
digital signatures by the City consistent with this Resolution No. 409 and in compliance
with the provisions of ESSB 6028.
BE IT FURTHER RESOLVED that this resolution shall take effect immediately.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, THIS
13th DAY OF JULY 2020 AND SIGNED IN AUTHENTICATION THEREOF THIS 13th
DAY OF JULY 2020.