CALIFORNIA, STATE OF, FRANCHISE TAX BOARD

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City of Santa Ana EXHIBIT D SPECIAL TERMS AND CONDITIONS Agreement # C1100202 1 . STATEMENT OF CONFIDENTIALITY: The Franchise Tax Board has tax return information and other confidential data in its custody. Unauthorized inspection or disclosure of state return information or other confidential data is a misdemeanor (Sections 19542 and 19542.1 Revenue and Taxation Code). The City and each of the City's employees who may have access to the confidential data of FTB will be required to sign a Confidentiality Statement, Exhibit G, attesting to the fact that he/she is aware of the confidential data and the penalties for unauthorized disclosure thereof. The signed statement shall be retained by the City and furnished to FTB upon request. 2. USE OF INFORMATION: The City and FTB agree that the information furnished or secured pursuant to this Agreement shall be used solely for the purposes described in the Scope of Work, Exhibit A. The information obtained by FTB shall be used for tax administration and nontax programs that FTB administers and may be shared with other state/federal agencies as authorized by law. The City and FTB further agree 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 identified in this Agreement or as authorized by law. 3. DATA OWNERSHIP: The confidential tax information or sensitive information being provided to the City under this Agreement remains the exclusive property of FTB. Confidential tax and sensitive data/information are not open to the public and require special precautions to protect from loss and unauthorized use, disclosure modification, or destruction. The City shall have the right to use and process the disclosed information for the purposes stated in the Scope of Work, Exhibit A, of this Agreement, which right shall be revoked and terminated immediately upon completion of this Agreement. 4. EMPLOYEE ACCESS TO INFORMATION: Both FTB and the City agree that the information obtained will be kept in the strictest confidence and shall make information available to its own employees only on a "need to know" basis. The "need to know" standard is met by authorized employees who need information to perform their official duties in connection with the uses of the information authorized by this Agreement. Both parties recognize their responsibilities to protect the confidentiality of this information as provided by law and ensures such information is disclosed only to those individuals and of such purpose, as authorized by the respective laws. 5. PROTECTING CONFIDENTIAL INFORMATION: Both FTB and the City in recognizing the confidentiality of the information being exchanged, agree to take all appropriate precautions to protect the confidential information obtained pursuant to this Agreement from unauthorized disclosure. Both FTB and the City will conduct oversight of its users with access to the confidential information provided under this Agreement.