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Resolution No. 2020-65RL CITE° OF CLERMONT ,dtRESOLUTION NO.2020-65R A RESOLUTION OF THE CITY OF CLERMONT, FLORIDA, PROVIDING FOR ACCEPTANCE OF ELECTRONIC SIGNATURES, SEALS AND ELECTRONIC NOTARIZATION ON CERTAIN DOCUMENTS SUBMITTED TO THE CITY, PROVIDING DEFINITIONS, SPECIFYING THE ACCEPTABLE MANNER OF AFFIXING ELECTRONIC SIGNATURES, SEALS AND NOTARIZATION TO DOCUMENTS, SPECIFYING THE SECURITY PROVISIONS REQUIRED FOR SUBMITTAL OF ELECTRONIC DOCUMENTS TO ASSURE THE IDENTITY OF THE PERSONS AFFIXING SIGNATURES THERETO, AUTHORIZING THE CITY MANAGER TO MODIFY OR EXPAND THE LIST OF DOCUMENTS BY POLICY WHICH MAY BE SUBMITTED TO THE CITY WITH ELECTRONIC SIGNATURES, SEALS AND NOTARIZATIONS AND TO MODIFY THE LIST OF "CERTIFICATE AUTHORITIES" WHICH MAY PROVIDE CERTIFICATES VERIFYING THE IDENTITY OF PERSONS SIGNING ELECTRONIC DOCUMENTS; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is becoming a common practice for governments at the local, state, and federal levels to accept documents filed electronically, and bearing electronic signatures and notarization; and WHEREAS, Florida Statutes §668.001 through §668.06 allow any municipality to specify whether or not it will accept electronically filed and signed documents, and to prescribe the conditions under which it will do so; and WHEREAS, acceptance of documents filed and signed electronically is beneficial to citizens and businesses interacting with local governments by permitting them to submit documents by electronic mail rather than hand delivery, overnight delivery or mailing, and is environmentally friendly in that it eliminates the need for the presentation of multiple paper copies of documents; and WHEREAS, the City Council therefore deems it to be in the best interests of the health, safety, welfare and convenience of the citizens and businesses with which the City of Clermont interacts, to establish a mechanism for acceptance of certain documents filed electronically and bearing electronic signatures; and WHEREAS, the City Council of the City of Clermont deems it advisable and in the best interest of the City, that the electronic signatures be implemented as an adopted policy. 1 of 6 CITY OF CLERI6IONT RESOLUTION NO.2020-65R NOW, THEREFORE, BE IT RESOLVED, that the City of Clermont Electronic Signatures Policy is hereby adopted as follows: SECTION 1 The City Council does hereby adopt the City of Clermont Electronic Signatures Policy as set forth in Exhibit A, attached hereto and incorporated herein. The City Council of the City of Clermont may amend the Electronic Signatures Policy by Resolution when deemed necessary and in the best interest of the City of Clermont. SECTION 2: CITY MANAGERS AUTHORITY The City Manager is hereby authorized and directed to amend the policy, set forth herein, as may be required, to ensure the efficient operation of the City, the appropriate review of City matters and to ensure the policy is concurrent with City practice, through the use of his Executive Order privilege and which notice shall be distributed to the City Council after any such action. SECTION 3: CONFLICT All policies and/or resolutions or parts of policies and/or resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 4: SEVERABILITY If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from the remainder of the Resolution, and the remainder of the Resolution shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Resolution as a whole. SECTION S: ADMINISTRATIVE CORRECTION This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 6: EFFECTIVE DATE This Resolution shall be published as provided by law and it shall become law and shall take effect immediately upon its Passage. 2 of 6 CITY OF CLERAfONT RESOLUTION NO.2020-65R DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake County, Florida, this 13th day of October 2020. Tracy Ackroyd City Clerk Approved as to Fonn and Legality: Daniel F Mantzaris, City Attorney CITY OF,, CLERMONT 3 of 6 �,z"� CITY OF CLERAIONT RESOLUTION NO.2020-65R EXHIBIT A ELECTRONIC SIGNATURES POLICE' The City of Clermont will accept electronic signatures on documents submitted to it electronically, in accordance with the requirements and specifications of this Section. A. Definitions a) The Following terms, when utilized in this policy, shall have the meanings shown below: 1. "Public Key Infrastructure" shall mean a set of hardware, software, people, policies, and procedures needed to create, manage, store, distribute and revoke digital signatures. 2. "Certificate Authority (CA)" shall mean a third party who issues electronic credentials to engage in transactions utilizing an Electronic Digital Signature through the use of a Certificate. 3. "Certificate" shall mean an electronic document, using the Public Key Infrastructure, that uses a digital signature to bind together a public key with an identity that identifies the CA, identifies the subscriber, contains the subscriber's public key, and is digitally signed by the CA. 4. "Digital Signature" shall mean a type of electronic signature that transforms a message using an asymmetric cryptosystem such that a recipient of the initial message and the signer's public key can determine accurately whether the initial message or the document has been altered since their creation, and whether they were created using the private key which corresponds to the signer's public key. 5. "Electronic Seal" is a unique digital signature used on conjunction with the requirements of the Florida Board of Engineers, to permit an engineer to authenticate electronic plans or rendering. Because the electronic seal is password protected, it is accessible only to its designated engineer. 6. "Electronic Notarization" is a unique digital signature used in conjunction with the requirements of Florida Statutes § 117.021, and rules promulgated under the authority of that statute, used by a Notary Public to authenticate an electronic notarial act. Because the Electronic Notarization is password protected, it is accessible only to its designated Notary Public. 7. "Electronic Signature" shall mean any letters, characters, or symbols, manifested by electronic or similar means, executed or adopted by a party, with intent to authenticate a writing. A writing is electronically signed if an electronic signature is logically associated with such writing. B. Documents Which May Be Submitted Electronically a) The City will accept the following documents submitted electronically, and bearing electronic signatures and notarizations. 1. Applications for: a. Rezoning; Conditional Use Permits; Variances; Planned Unit Developments; Other Changes in the Permitted Use of a Parcel of Real Property b. Site Plan Approval c. Building Permits; Other Permit Related to the Improvement of Real Property 4 of 6 C�= • CITY OF CLERMONT ..,v, RESOLUTION NO.2020-65R d. Preliminary Plats; Other Documents Pertaining to the Subdivision of a Parcel of Real Property 2. Any documents included within any of the applications in B(1) such as but not limited to boundary surveys, affidavits, engineering drawings, and sketches of legal descriptions. 3. Contracts, Agreements, and Memorandums of Understanding which are used as part of normal operations of departments or through the utilizations of Procurement Services policies. 4. The City Clerks' Office may submit Lien Certificates utilizing a digital certificate of the City Clerk. 5. The City may request in its sole discretion additional documentation related to the foregoing, to be submitted, signed or sealed electronically. 6. Any additional documents authorized by the City Manager shall be kept in a list held by the City Clerk. C. Requirements for Submitted Electronic Documents 1. Any person submitting electronic documents to the City of Clermont which includes a Digital Signature shall apply for and receive electronic credentials from a CA which issues these credentials according to the State of Florida guidelines for use of Public Key Infrastructure. 2. Such persons must also comply with an requirements of their respective professional governing boards pertaining to electronic signatures, electronic seals, or electronic notarization. 3. Such persons must also adhere to all other submittal requirements promulgated by the City Manager for the particular type of document being submitted, provided that the City Manager may no promulgate any such requirement which conflicts with any provision of this establishing policy. 4. To facilitate field inspections, anyone submitting building plans to the City electronically must, within no more than three (3) business days following electronic submittal, furnish the Building Services Department with not less than three (3) copies of a complete paper set of all plans. No building permit will be issued until these paper plans have been provided. D. Affixing Digital Signatures and Electronic Notarization to Documents 1. Anyone affixing a Digital Signature of Electronic Notarization to a document submitted to the City must affix his or her Digital Signature so that it is visible on the document itself (along with an Electronic Seal on those documents which require a seal). 2. When a document is submitted to the City the submitter shall provide contemporaneously his or her Certificate so that the City may verify that the document was signed and submitted by the person purporting to do so. 3. City staff shall, upon receipt of a document submitted with a Digital Signature, Electronic Seal or Electronic Notarization, verify that the Digital Signature, Electronic Seal or Electronic Notarization is valid and unaltered, by accessing the Certificate by way of the Certificate icon on the signature, seal or notarization. 4. City staff shall also verify that any additional requirements for the Digital Signature, Electronic Notarization, or Electronic Seal, as prescribed by the governing board of the 5 of 6 CITE' OF CLERMONT RESOLUTION NO.2020-65R profession of the person submitting either, are present, such as the P.E. number of an engineer or the commission expiration date of a Notary Public. E. City Manager to Specify Acceptable Certificate Authorities a) The City Manager shall specify by written list, to be maintained in the Office of the City Clerk, those Certificate Authorities who are acceptable to the City for the purpose of issuing Certificates to persons submitting Digital Signatures, Electronic Seals and Electronic Notarizations to the City. The City Manager may add to or subtract from that list at any time, provided however that the City Manager shall not violate or exceed any tern of this establishing policy in so doing. F. Retention of Documents Submitted Electronically a) The City may retain in electronic form, without printing and retaining paper copies, any document submitted to it electronically and bearing a Digital Signature, Electronic Seal, or Electronic Notarization. These electronic records shall be considered and treated in the same manner as other records of the City, and unless exempted under Florida Statutes, shall be considered public records open for disclosure. G. Effect of Digital Signature a) Except to the extent provided by law, and when submitted in compliance with applicable law and the provisions of the policy: 1. Any Digital Signature shall have the same force and effect as a manual signature 2. Any Electronic Seal shall have the same force and effect as a raised or rubber stamped seal on a document 3. Any Electronic Notarization shall have the same force and effect as the manual signature and affixed, raised or rubber stamp seal of a Notary Public H. Special Provisions Related to Procurement Services a) For responses to any solicitation to bid, request for proposal, or other invitation issued by the Procurement Services Department to obtain bids or solicitations for goods or services to be provided to the City, clicking the "Submit Response" or similar button or process attached to or logically associated with the response within the City's online bid management system shall constitute an electronic signature for purposes of that response as to any form or section calling for a signature, and shall constitute an affirmative agreement to any statement contained in the solicitation process that requires a definite confirmation and/or acknowledgement. b) The Procurement Services Department may also accept original signatures transmitted and received via facsimile or other electronic transmission of a document (eg PDF or similar format) as true and valid signatures for all purposes related to the responses. 1. Any facsimile or electronic signature shall constitute the final agreement of the party submitting the response and conclusive proof of such agreement. 2. Documents and signatures so submitted must be of sufficient quality to be legible either electronically or when printed as a hard copy. c) The City Manager, in consultation with the City Attorney, shall determine the level of CA requirements for Contracts and Agreements processed through a digital signature software solution as part of the Procurement Services process. 6 of 6