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    10.    
City Council Regular
Meeting Date: 06/09/2020  

SUBJECT:
AGREEMENT WITH DOCUSIGN, INC., FOR ELECTRONIC SIGNATURE SOFTWARE
RECOMMENDATION:
  1. Approve DocuSign, Inc., as a sole source provider of eSignature software.  
     
  2. Authorize the execution of a one-year agreement with two one-year renewal options with DocuSign, Inc. for the purchase of eSignature software for use and acceptance of electronic signatures through a secure and scalable cloud platform for a total amount not-to-exceed $23,123.88.
BACKGROUND/ANALYSIS:
Staff received demonstrations from DocuSign, Adobe Pro, and Seamless Docs for electronic signature products but found that Adobe Pro and Seamless Docs did not have security measures in place to satisfy our needs and did not integrate with other City systems. 

DocuSign, Inc., offers an electronic platform (eSignature) that allows users to transact business digitally anytime, anywhere, on any device, in a manner that is secure, legal, and easy to use. Replacing paper-intensive processes and allowing staff, constituents, vendors, and members of the public to conduct business through their Personal Computers (PC) or mobile devices will speed up the time it takes to provide services by providing faster turnaround times for execution of signed documents. DocuSign works with existing forms and documents, conforms to existing workflows and approval processes, and is delivered through a secure and scalable cloud platform.  The software also integrates with back-end systems, such as the City's Laserfiche Document Management System. DocuSign can provide greater visibility into who has and has not signed documents, and automatically stores documents for retention and archival within DocuSign's server or behind the City's firewall. DocuSign's native apps for iOS, Android, and Windows 8 allows anyone to sign on their smartphone or tablet. The software also supports in-person signing using mobile devices, enabling the City to use electronic signatures even when elected officials and staff are in the office.

The City processes roughly 500 documents requiring signatures per year, and by implementing eSignatures, City staff can design secure, fully digital workflows including the execution of legally binding documents. The system meets some of the most stringent U.S., E.U, and global security standards and uses the strongest data-encryption technologies available. DocuSign eSignature complies with the Federal Electronic Signatures in Global and National Commerce Act (ESIGN Act), California's Uniform Electronic Transactions Act (UETA), is FedRamp authorized, and automatically generates and stores a full audit trail. The UETA provides that electronic signatures and contracts utilizing electronic records may not be denied legal effect or enforceability solely because they are in electronic form. “If a law requires a record to be in writing, an electronic record satisfies the law”; “if a law requires a signature, an electronic signature satisfies the law." (Civil Code Section 1633.7.)
 
Staff is requesting that the City purchase the DocuSign eSignature Enterprise Pro Government Package Software for one year for $7,707.96 with two one-year renewal options. The total contract amount not-to-exceed of $23,123.88 includes 900 envelopes (documents) to be signed per year along with providing support and consulting services. Staff is also requesting that the City approve DocuSign, Inc., as a sole source provider of eSignature software per Chino Hills Municipal Code Section 3.18.050, subsection B. The competitive process is unnecessary for this agreement because DocuSign, Inc. is the best provider based on being the only eSignature software company that has a FedRamp connector (security connections) in place as well as the ability to integrate with the City's Laserfiche Document Imaging Management System. Staff will bring an Electronic Signature Policy to Council for review and approval prior to the implementation of the software.  
ENVIRONMENTAL (CEQA) REVIEW:
This proposed action is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.), because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and, constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this action does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).
 
FISCAL IMPACT:
There is sufficient funding in the Information Technology proposed budget to cover the Fiscal Year 2020-21 costs of the DocuSign, Inc. contract.  Future contract costs will be budgeted for in the appropriate fiscal year. 
REVIEWED BY OTHERS:
This report was reviewed by the Information Technology Manager, Assistant City Attorney, and Finance Director.
Attachments
Agreement

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