Explanation
BACKGROUND:
Ordinance #0817-2005, passed May 9, 2005, authorized the City Auditor to establish a contract for the purchase of software, implementation and related services for a citywide web-based electronic procurement system (V.GOV). This system enables online bidding and solicitation processing and is fully integrated with the City's Performance purchasing and accounting systems. In addition, V.GOV provides improvements in vendor data management including new vendor registration, vendor profile maintenance and business compliance through vendor self-service. This software modifies and adds functionality to the existing Performance Series application.
To ensure successful implementation of V.GOV in January, 2006, Chapter 329 of the Columbus City Codes, 1959 must be amended to include language permitting the acceptance of electronic signatures. E-signatures are currently used by many government agencies at the federal, state and local levels when conducting daily business transactions. The Uniform Electronics Act (UETA) was intended to resolve legal issues regarding electronic commerce. It does not specify particular technologies or procedures and purposely defines "electronic signatures" broadly. UETA applies in every state. Electronic signatures are also accepted in accordance with Title XIII, the Ohio Uniform Commercial Code for Commercial Transactions. Therefore, the City Attorney's Office has advised that the definition of "electronic signatures" may include any type of photographic, facsimile, digital or mechanical (computer-generated) approval transmission, so the word "facsimile" is being removed from Chapter 329 and replaced with a broader definition of "electronic signatures". The V.GOV application contains sufficient security functionality to protect the integrity of the City's computer network operations.
FISCAL IMPACT: None.
Title
To amend various sections of Chapter 329 of the Columbus City Codes, 1959 by establishing authority to accept electronic signatures in preparation for the implementation of a citywide virtual government procurement solution (V.GOV).
Body
WHEREAS, it is desirable that the City acquire a web-based, citywide electronic procurement application that will create a system for online bidding and solicitation processing that is fully integrated with the City's existing Performance Series purchasing and accounting systems ; and,
WHEREAS, Ordinance #0817-2005, passed May 9, 2005, authorized the City Auditor to establish a contract for the purchase of software, implementation and related services for a citywide web-based electronic procurement system (V.GOV); and
WHEREAS, Chapter 329 of the Columbus City Codes, 1959 must be amended to include language that permits the City to accept electronic signatures as part of the implementation plan to begin using the V.GOV bidding software in January, 2006; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Sections 329.04 (h) and 329.26 of Chapter 329 of the Columbus City Codes, 1959 are hereby amended as follows:
329.04 (h) Facsimile Signature. The reproduction of any authorized signature by any photographic, photostatic, or mechanical means.
329.26 Acceptance of facsimile signatures.
For the purpose of this chapter only, the procurement manager may establish the procedures and policies under which facsimile signatures will be accepted by the city departments and divisions consistent with the provisions of this chapter. (Ord. 678-96; Ord. 1576-00 § 1 (part); Ord. 81-02 § 1 (part).)
For the purpose of this chapter only, the Finance and Management Director or designee may establish the procedures and policies under which electronic signatures will be accepted by the city departments and divisions consistent with the provisions of this chapter. (Ord. 678-96; Ord. 1576-00 § 1 (part); Ord. 81-02 § 1 (part).)
SECTION 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.