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RESOLUTION NO. 2015 - 01 A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STA TE OF IDAHO, ALLOWING THE CITY TO DEVELOP POLICIES CONCERNING ELECTRONIC RECORD RETENTION AND THE USE OF ELECTRONIC SIGN A TURES IN CITY BUSINESS; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS, Idaho Code allows each governmental agency of the State of Idaho to determine whether and to what extent it will send and accept electronic records and electronic signatures to and from other parties; and WHEREAS, the convenience and low cost of conducting business over the Internet has the potential to increase efficiencies in all business including government business; and WHEREAS, technological advances and an increase in the number of people u_sing computers as part of everyday business will continue to increase; and WHEREAS, the benefits of using electronic signatures and electronic records can reduce use of paper, save time and reduce costs associated with handling physical documents; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow as follows: 1. The City Council finds it to be in the public interest to allow the City to develop policies to allow the use of electronic signatures and electronic records retention in appropriate City business matters as permitted under Idaho Code, specifically the Uniform Electronic Transactions Act. 2. City Department Directors may recommend a written policy for that department concerning the use of electronic record retention and/or electronic signatures for the specific department, and said policy must be approved by the City Supervisor prior to implementation. 3. Any policy proposed and implemented shall comply with the requirements of Idaho Code Title 28 50-101 through 50-120, to specifically include the following guidelines: a. City policy shall apply only to transactions between parties that have agreed to conduct transactions by electronic means. b. A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. c. Any electronic record must be able to be printed in hard copy and have the ability to be retained by both parties in electronic form. RESOLUTION 2015 - 01 ELECTRONIC SIGNATURES FEBRUARY 2, 2015 PAGE I 0F2 ---PAGE BREAK--- d. If a sender inhibits the ability of the recipient to store or print an electronic record, the electronic record is not enforceable against the recipient. e. Electronic signature is attributable to a person if it was the intent and the act of a person. f. The act of a person may be shown in any manner and is determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties' agreement, if any, or otherwise as permitted by law. g. If a law requires a record to be retained, the requirement is satisfied by retaining the electronic record if it accurately reflects the information.set forth in the record after it was first generated in its final form and the record remains accessible for later reference. h. If the law requires a record to be sent, communicated or transmitted by a method specified in the law, then the parties must follow that requirement. 4. That this Resolution shall become effective as of the 2nd day of February, 2015. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 2nd day of February, 2015. REsOLUTION 2015 - 01 ELECTRONIC S!GNA TURES FEBRUARY 2, 2015 PAGE2 0F2