Item 27 - Resolution Authorizing a Reciprocal Agreement with the California Franchise Tax Board

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State of California Franchise Tax Board EXHIBIT D SPECIAL TERMS AND CONDITIONS STATEMENT OF CONFIDENTIALITY: City of Santa Ana Agreement # 107503 The Franchise Tax Board has state tax return information and other confidential information and data in its custody. Unauthorized inspection or disclosure of state returns or other confidential information or data is a misdemeanor (Revenue and Taxation Code Sections 19542, 19542.1, 19542.3 and 19552, and Government Code Section 90005). Unauthorized inspection or disclosure of federal returns and other confidential federal return information or data is a misdemeanor or a felony (Internal Revenue Code Sections 7213A(a)(2) and(b), and 7213(a)(2), respectively). For purposes of this exhibit, the terms "information" and "data" are used interchangeably and each, when used, encompasses the meanings of both terms. As used in this exhibit, the terms "confidential information" and "confidential data" each include "sensitive information and data". As used for this exhibit, the term "Party" or "party" may refer to FTB, or the Agency, Contractor, or Contracting Agency. Upon the approval of this Agreement and prior to any access to the confidential data, the party receiving the information from FTB and each of its employees, subcontractors, and subcontractors' employees who may have access to the confidential data of the other party, will be required to have on file annually a signed Confidentiality Statement (FTB Form 7904 or 7912), attesting to the fact that they are aware of the confidential data and the penalties for unauthorized access, inspection, acquisition, or disclosure thereof under applicable state and federal law. The Contractor, the Contactor's subcontractors and each of the Contractor's and subcontractor's employees who may have access to the confidential data shall be required to complete Privacy, Security, and Disclosure Training (PSDT) provided by FTB. The training must be completed within two (2) business days of commencing work with FTB, and annually thereafter. Upon completion of the PSDT, a Privacy, Security and Disclosure Training Certification (FTB Form 7819) will be provided, to be signed confirming that the training was completed and returned to FTB. 2. USE OF INFORMATION: Each party receiving data agrees that the information furnished or secured pursuant to this Agreement shall be used solely for the purposes described in the Scope of Work of Exhibit A. Each party receiving data further agree(s) that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose other than as identified in the Scope of Work of Exhibit A. 3. DATA OWNERSHIP: The confidential tax information or other confidential information provided under this Agreement remains the exclusive property of the providing party. Confidential tax information and other confidential information are not open to the public and require special precautions to protect from loss and unauthorized access, inspection, acquisition, use, disclosure, modification, or destruction. Each party shall have the right to use and process the disclosed information for the purposes stated in the Scope of Work of Exhibit A of this Agreement, which right shall be revoked and terminated immediately upon termination of this Agreement. Page 5 of 13 Revised Date: 08.07.2024