FRANCHISE TAX BOARD - Laserfiche WebLink

Home Browse Search

City of Santa Ana EXHIBIT D SPECIAL TERMS AND CONDITIONS Agreement #C0700137 1. DATA OWNERSHIP: The confidential tax information being provided under this Agreement remains the exclusive property of the FTB. The City shall have the right to use and process the disclosed information for the purposes stated in this Agreement, which right shall be revoked and terminated immediately upon completion of this Agreement. 2. STATEMENT OF CONFIDENTIALITY: The FTB has state tax return information and other data in its custody, which is confidential data. Unauthorized inspection or disclosure of state tax return information or other confidential data is a misdemeanor (Revenue and Taxation Code Section 19542 and 19542.1, and Government Code Section 90005). The City and each of the City's employees who may have access to the confidential data of the FTB will be required to sign a statement, Exhibit E, attesting to the fact that he /she is aware of the confidential data and the penalties for unauthorized disclosure thereof. 3. USE OF INFORMATION: The City agrees that the information furnished or secured pursuant to this Agreement shall be used solely for the purposes described by this Agreement. The information obtained shall be used exclusively to administer the city business tax program established by the City. The City further agrees 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. 4. EMPLOYEE ACCESS TO INFORMATION: The City agrees 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. The parties recognize their mutual responsibilities to protect the confidentiality of the state tax return information as provided by law and ensures such information is disclosed only to those individuals and of such purpose, as authorized by the Revenue and Taxation Code. 5. DISCLOSURE OF CONFIDENTIAL INFORMATION: Any unwarranted disclosure or use of state tax return information or any willful unauthorized inspection of the return information is an act punishable as a misdemeanor. Inspection is defined to mean any examination of confidential information. No one other than city business license program employees may have access, use, and view or manipulate the data being transmitted to the City under this Agreement. The City, in recognizing the confidentiality of state tax return information, agrees to take all appropriate precautions to protect from unauthorized disclosure of the confidential information obtained pursuant to this Agreement. The City will conduct oversight of its users with access to the confidential information provided under this Agreement, and will promptly notify the FTB of any suspected violations of security or confidentiality by its users.