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City of Santa Ana <br />EXHIBIT D <br />SPECIAL TERMS AND CONDITIONS (continued) <br />Agreement # C1100202 <br />6. INFORMATION SECURITY: Information security is defined as the preservation of the <br />confidentiality, integrity, availability, authenticity, and utility of information. A secure <br />environment is required to protect the confidential information obtained from FTB pursuant <br />to this Agreement. The City will store information so that it is physically secure from <br />unauthorized access. The records received by the City will be securely maintained and <br />accessible only by employees of the city business license program who are committed to <br />protect the data from unauthorized access, use, and disclosure. <br />7. INCIDENT REPORTING: All unauthorized or suspected unauthorized access; use and/or <br />disclosure (incidents) of FTB data shall be reported to FTB's City Business Tax Program <br />Area, (916) 845-6304 or by email: LocalGovtLiaison(c7ftb.ca.aov ,immediately upon <br />discovery of the incident. The incident report shall contain the following: date, time, <br />employee name, description of the incident or circumstances, and means of discovery. <br />Upon discovery of any such incident, FTB will make the appropriate notification to affected <br />California resident(s) pursuant to the requirements of Civil Code Section 1798.29. <br />8. DESTRUCTION OF RECORDS: All records received by the City from FTB and any <br />database(s) created, copies made, or files attributed to the records received will be <br />destroyed within three years of receipt. The records shall be destructed in a manner to be <br />deemed unusable or unreadable and to the extent that an individual record can no longer <br />be reasonably ascertained. FTB will destroy City data in accordance with the Department's <br />data retention policies. <br />9. SAFEGUARD REVIEW QUESTIONNAIRE AND ON-SITE SAFEGUARD REVIEW: Prior to <br />sending data to the City, FTB requires the City to submit a Safeguard Review <br />Questionnaire certifying the protection and confidentiality of FTB data. The FTB retains the <br />right to conduct an on-site safeguard review of the City. The City will be provided a <br />minimum of seven (7) days' notice prior to an on-site safeguard review being conducted by <br />the FTB Disclosure Office. The on-site safeguard review will examine the adequacy of <br />information security controls established by the City in compliance with the confidentiality <br />requirements pursuant to this Agreement. The City will take appropriate disciplinary actions <br />against any user determined to have violated security or confidentiality requirements. <br />1 O. DISPUTE RESOLUTION: In the event of a dispute, the City shall file a "Notice of Dispute" <br />with the Chief Financial Officer of the Franchise Tax Board within ten (1 O) days of discovery <br />of the problem. Within ten (1 O) days, the Chief Financial Officer or his/her designee shall <br />meet with the City and the FTB contact for purposes of resolving the dispute. The decision <br />of the Chief Financial Officer shall be final. <br />11. INDEMNIFICATION: Both parties agree to indemnify, defend, and save harmless each <br />other, its officers, agents, and employees from any and all claims and losses accruing or <br />resulting from any breach of confidentiality by either party and/or its employees.