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State of California <br />Franchise Tax Board <br />City of Santa Ana <br />Agreement #81093 <br />must describe the incident in detail and identify responsible personnel (name, title, and <br />contact information). The City (or County) with an incident will comply with the incident <br />reporting requirements in accordance with R&TC Section 19542.1, Civil Code Section <br />1798.29, SAM Chapter 5300, and SAM Sections 8643 and 20080, and State Information <br />Management Manual 54340-A and 5340-C to facilitate the required reporting to the <br />taxpayers or state oversight agencies. <br />INFORMATION SECURITY: Information security is defined as the preservation of the <br />confidentiality, integrity, and availability of information. A secure environment is required to <br />protect the confidential information obtained from FTB pursuant to this agreement. The City <br />(or County) receiving data will store information so that it is physically secure from <br />unauthorized access. The records received by the City (or County) will be securely <br />maintained and accessible only by employees of the City (or County) business license or <br />tax programs who are committed to protect the data from unauthorized access, use, or <br />disclosure. All FTB electronic data must be encrypted when in transit using FIPS 140-2 <br />approved encryption technology and be password protected and secure at all times when in <br />storage. Confidential information obtained from the FTB must be secured in accordance with <br />the SAM Chapters 5100 and 5300 (Information Security), and National Institute of Standards <br />and Technology (NIST) Special Publication 800-53 (moderate); and additional security <br />requirements provided by FTB. <br />CLOUD COMPUTING ENVIRONMENT: A City (or County) receiving FTB's confidential data <br />must submit a completed FTB Cloud Security Questionnaire before using a Cloud <br />Computing Environment. The questionnaire will be reviewed for approval by FTB's Chief <br />Security Officer, or his/her designee. A Cloud Computing Environment cannot be used to <br />receive, transmit, store or process FTB's confidential data without prior written approval from <br />FTB's Chief Security Officer or his/her designee. <br />DESTRUCTION OF RECORDS: All records received by the City (or County) from FTB <br />under this Agreement, and any database(s) created, copies made, or files attributed to the <br />records received, will be returned or destroyed within three years of receipt or upon <br />termination of the agreement due to a breach of its terms, whichever occurs earlier. The <br />records shall be destructed in a manner to be deemed unusable or unreadable, and to the <br />extent that an individual record can no longer be reasonably ascertained. The City (or <br />County) will notify FTB City/County Business Tax program manager annually in writing at <br />FTB CCBT(o)FTB.CA.GOV that proper destruction methods have been applied. FTB will <br />destroy city/county data in accordance with the department's data retention policies. <br />9. DISPUTE RESOLUTION: In the event of a dispute, the City (or County) shall file a "Notice of <br />Dispute' with the Chief Financial Officer of the FTB within ten (10) days of discovery of the <br />problem. Within ten (10) days, the Chief Financial Officer or his/her designee shall meet with <br />the City (or County) for purposes of resolving the dispute. The decision of the Chief <br />Financial Officer shall be final. <br />10. SURVIVAL OF OBLIGATION TO PROTECT DATA: Each party's obligation to protect the <br />data and information received from the other party shall survive the expiration or termination <br />of this Agreement. In the event a party continues to provide any data or information to the <br />other party after the expiration or termination of this Agreement, the receiving party agrees <br />to continue to protect all such data and information received in accordance with the <br />provisions of this Exhibit D, and all applicable state and federal laws. <br />Page 6 of 12 <br />