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

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State of California Franchise Tax Board City of Santa Ana Agreement # 107503 8. GENERATIVE Al: During the term of the Agreement, Contractor must notify the State in writing if their services or any work under this Agreement includes, or makes available, any previously unreported GenAl technology, including GenAl from third parties or subcontractors. Contractor shall immediately complete the GenAl Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAl technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAl technology that materially impacts functionality, risk, or Agreement performance until the use of such GenAl technology has been approved by the State. Failure to disclose GenAl use to the State and submit the GenAl Reporting and Fact (STD 1000) may be considered a breach of the Agreement by the State at its sole discretion and the State may consider such failure to disclose GenAl and/or failure to submit the GenAl Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the Agreement. The State is entitled to seek any and all relief to which it may be entitled to as a result of such non -disclosure. The State reserves the right to amend the Agreement, without additional cost, to incorporate GenAl Special Provisions into the Agreement at its sole discretion and/or terminate any Agreement that presents an unacceptable level of risk to the State. 9. DESTRUCTION OF RECORDS: All records received by the City (or County) from FTB under this Agreement, and any database(s) created, copies made, or files attributed to the records received, shall be destroyed within three years of receipt or upon termination of the agreement due to a breach of its terms, whichever occurs earlier. The records shall be destructed in a manner to be deemed unusable or unreadable, and to the extent that an individual record can no longer be reasonably ascertained. The City (or County) will notify FTB City/County Business Tax program manager annually in writing at FTBCCBT(c)FTB.CA.GOV that proper destruction methods have been applied. FTB will destroy city/county data in accordance with the department's data retention policies. 10. SAFEGUARD REVIEW: FTB retains the right to conduct on -site safeguard reviews of the other party's use of information and the security controls established. The safeguard reviews may include, but are not limited to, an examination of the adequacy of information security controls, "need -to - know", and use justifications established by the party to ensure compliance with the terms and conditions of this Agreement. FTB will provide a minimum of seven (7) days' notice of a safeguard review conducted by FTB staff. The City (or County) will take appropriate disciplinary actions against any user determined to have violated security or confidentiality requirements. 11. SURVIVAL OF OBLIGATION TO PROTECT DATA: Each party's obligation to protect the data and information received from the other party shall survive the expiration or termination of this Agreement. In the event a party continues to provide any data or information to the other party after the expiration or termination of this Agreement, the receiving party agrees to continue to protect all such data and information received in accordance with the provisions of this Exhibit D, and all applicable state and federal laws. Page 7 of 13 Revised Date: 08.07.2024