CALIFORNIA, STATE OF, FRANCHISE TAX BOARD (2)

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City of Santa Ana EXHIBIT D SPECIAL TERMS AND CONDITIONS (continued) Agreement # C1400229 6. PROTECTING CONFIDENTIAL INFORMATION/ INCIDENT REPORTING: Both agencies, in recognizing the confidentiality of information exchanged, agree to take all appropriate precautions to protect the confidential information obtained pursuant to this Agreement from unauthorized disclosure. Both agencies will conduct oversight of its users with access to the confidential information provided under this Agreement and will immediately notify the FTB's Information Security Audit Unit (SecuritvAuditMail aaftb.ca.gov) of any unauthorized or suspected unauthorized accesses, uses and/or disclosures (incidents). For purposes of this section, immediately is defined as within 24 hours of the discovery of the breach. The notification must describe the incident in detail and identify responsible personnel (name, title, and contact information). The agency with an incident will comply with the incident reporting requirements in accordance with Civil Code Section 1798.29 and SAM Chapter 5300 to facilitate the required reporting to the taxpayers or state oversight agencies. INFORMATION SECURITY: Information security is defined as the preservation of the confidentiality, integrity, availability, authenticity, and utility of information. A secure environment is required to protect the confidential information obtained from FTB pursuant to this Agreement. The City will store information so that it is physically secure from unauthorized access. The records received by the City will be securely maintained and accessible only by employees of the city business license or tax programs who are committed to protect the data from unauthorized access, use, and disclosure. 8. CLOUD COMPUTING ENVIRONMENT: A Cloud Computing Environment cannot be used to receive, transmit, store or process FTB's confidential data without prior approval from FTB's Chief Security Officer. 9. DESTRUCTION OF RECORDS: All records received by the City from FTB and any database(s) created, copies made, or files attributed to the records received will be destroyed within three years of receipt. 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 will notify FTB City Business Tax Program Manager annually in writing at LocalGovtLiaisonp_ftb.ca.gov that proper destruction methods have been applied. FTB will destroy City data in accordance with the Department's data retention policies. 10. SETTLEMENT OF DISPUTES: In the event of a dispute, the City shall file a "Notice of Dispute" with the Chief Financial Officer of the Franchise Tax Board within ten (10) days of discovery of the problem. Within ten (10) days, the Chief Financial Officer or his/her designee shall meet with the City and the FTB contacts for purposes of resolving the dispute. The decision of the Chief Financial Officer shall be final.