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City of Santa Ana EXHIBIT D Agreement #C0700137 SPECIAL TERMS AND CONDITIONS (continued) 6. INCIDENT REPORTING: All unauthorized or suspected unauthorized access; use and /or disclosure (incidents) of FTB data shall be reported to the FTB Contact, Erica Gonzales at (916) 845 -6556, immediately upon discovery of the incident. The incident report shall contain the following: date, time, employee name, description of the incident or circumstances, and means of discovery. Upon discovery of any such incident, FTB will make the appropriate notification to affected California Resident(s) pursuant to the requirements of Civil Code Section 1798.29. 7. IRS INFORMATION: This agreement does not allow for the release of any confidential tax return information in the FTB files that may have been obtained from sources other than the taxpayer. No confidential federal tax return information will be provided to the City. This Agreement does not provide for the exchange of confidential federal tax return information obtained from the Internal Revenue Service by the FTB. 8. 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 the 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 program who are committed to protect the data from unauthorized access, use or disclosure. 9. DESTRUCTION OF RECORDS: All records received by the City from FTB and any database created, copies made, or files attributed to the records received will be destroyed within three years of receipt. The records shall be destroyed in a manner to be deemed unusable or readable and to the extent that an individual record can no longer be reasonably ascertained. 10. INDEMNIFICATION: The City agrees to indemnify, defend and save harmless the FTB, its officers, agents and employees from any and all claims and losses accruing or resulting from any breach of confidentiality by the City and /or its employees. 11. SETTLEMENT OF DISPUTES: In the event of a dispute, the City shall file a "Notice of Dispute" with the Assistant Executive Officer, of the Franchise Tax Board within ten (10) days of discovery of the problem. Within ten (10) days the Assistant Executive Officer, or his /her designee shall meet with the City and FTB Contact for purposes of resolving the dispute. The decision of the Assistant Executive Officer shall be final. 12. SAFEGUARD QUESTIONAIRE and REVIEW: Prior to sending data to the City, the FTB retains the right to require the City to submit a safeguard questionnaire certifying the protection and confidentiality of FTB data. The FTB also retains the right to conduct an on -site safeguard review of the City. The City will be provided a minimum of seven (7) days notice prior to a safeguard review being conducted by the FTB Disclosure Office. The safeguard review will examine the adequacy of information security controls established by the City in compliance with the confidentiality requirements pursuant to this Agreement. The City will take appropriate disciplinary actions against any user determined to have violated security or confidentiality requirements.