HomeMy WebLinkAboutFRANCHISE TAX BOARD, STATE OF CALIFORNIASTATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
N- 2009 -032
AGREEMENT NUMBER
C0800197
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Franchise Tax Board
CONTRACTOR'S NAME
City of Santa Ana
2. The term of this
Agreement is: June 1, 2009 through December 31, 2011
3. The maximum amount $ 0.00
of this Agreement is: NON - FINANCIAL
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made
a part of the Agreement.
Exhibit A — Scope of Work 2 pages
Exhibit C* — General Terms and Conditions GTC307
Exhibit D - Special Terms and Conditions 3 pages
Exhibit E — City Record Format Specifications 2 pages
Exhibit F — FTB Record Layout Specifications 2 pages
Exhibit G — Confidentiality Statement 1 page
Items shown with an Asterisk ( *), are hereby incorporated by reference and made part of this agreement as if
attached hereto. These documents can be viewed at www.ols.dgs.ca.gov !Standard +Lanquage /default.htm
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
California Department of General
Services Use Only
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, part iership, etc. )
City of Santa Ana
BY (Authoriz Sig)
DATE SIGNED(Do not type)
7'
PRINTED NAME AND TI LE OF PERSON SIGNING
DAVID N. REAM, City Manager
ADDRESS
P.O. Box 1964, M -15, Santa Ana, CA 92702
STATE OF CALIFORNIA
AGENCY NAME
Franchise Tax Board
BY (Aut on d Signal
DATE I Do not type)
/GNE
Exempt per: SCM 4.04.5.b.
PRINTED NAME AND TITLE OF PERSON SIGNING
Lisa Garrison, Chief Financial Officer
ADDRESS
P.O. Box 2086, Rancho Cordova, CA 95741 -2086
City of Santa Ana
Agreement #C0800197
IN WITNESS WHEREOF, the parties hereto have executed this Agreement C0700197,
The date and year first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By.
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
FRANCI CO GUTI RREZ
Finance & Management Services
City of Santa Ana
EXHIBIT A
SCOPE OF WORK
Agreement #C0800197
This Agreement is entered into by and between the Franchise Tax Board, herein referred to as
(FTB) and the City of Santa Ana, herein after referred to as the City.
Purpose:
This Agreement allows FTB and the City to enter into a reciprocal agreement to exchange tax
data specific to city business license information for tax administration purposes. By entering
into a reciprocal agreement, each party agrees to bare their own costs of providing the data and
the City is precluded from obtaining reimbursement.
Both parties will abide by the legal and confidential provisions of this Agreement. Exhibits A, C,
D, E, F, and G attached hereto and incorporated by reference herein, sets forth additional terms
to which the parties agree to be bound.
Legal Authority:
California Revenue and Taxation Code Section 19551.5 authorize a reciprocal agreement for
the exchange of city business tax and income tax information between a City and FTB.
City Responsibilities:
1. The City agrees that the information provided by FTB will be used exclusively to administer
the City's business tax program.
2. The City 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; and only
accessed by City employees.
3. The City agrees to provide FTB with tax information pursuant to Exhibit E, Format
Specifications, which shall include but is not limited to the following:
• Business or owner's name.
• Business or residence address.
• Federal employer identification number or social security number.
• North American Industry Classification Code or Standard Industry Classification Code.
4. The City agrees to extract and provide City data to FTB annually in June for each tax year
that the Agreement is in place, June 2009, 2010, and 2011.
5. The City agrees to submit the records to FTB using FTB's Secure Web Internet File Transfer
(SWIFT).
6. The City agrees to submit the records to FTB in ASCII fixed length format, .txt, per the
Format Specifications, Exhibit E.
The City agrees to resubmit data in the event data is initially submitted with errors. The
resubmission of data must be within 30 days of notification. If data is not submitted
accurately and timely, the City forfeits its rights to FTB data for that year.
City of Santa Ana
EXHIBIT A
SCOPE OF WORK (continued)
Agreement #C0800197
8. The City agrees that each City employee having access to FTB data shall sign a
Confidentiality Statement, Exhibit G. The signed statement is to be retained by the City and
produced to FTB upon request.
9. The City agrees to submit to FTB a completed safeguard questionnaire prior to receiving
FTB data. The safeguard questionnaire is valid for the duration of the Agreement.
10. The City agrees to provide a copy of the resolution, order, motion, or ordinance of the local
governing body, authorizing the execution of the Agreement.
FTB Responsibilities:
1. FTB agrees that information provided by the City will be used for tax administration and non -
tax programs that FTB administers and may be shared with other state /federal agencies as
authorized by law.
2. FTB 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.
3. FTB agrees to provide the City data extracted from the Taxpayer Information (TI) and
Business Entity Tax System (BETS). FTB will provide the City records for taxpayers within
the city's jurisdiction who indicate a business on their personal or corporation income tax
return. The Record Layout, Exhibit F shall include, but is not limited to:
• Taxpayer name.
• Taxpayer address.
• Taxpayer social security number or federal employer identification number.
• Principal business activity code.
4. FTB agrees to match the data provided by the City using the social security number or
federal employer identification number against FTB's data with a yes or no indicator on the
Record Layout, Exhibit F.
5. FTB agrees to provide the City an annual extraction in December 2009 for tax year 2008,
December 2010 for tax year 2009, and December 2011 for tax year 2010 via SWIFT.
6. FTB agrees to register the City for a SWIFT account, allowing for the secure electronic
transmission of data.
7. FTB agrees to provide the City a unique City Business Tax Number to be used for reporting
purposes only.
8. FTB agrees to allow the City to resubmit data within 30 days of notification, in the event data
is initially submitted with errors.
City of Santa Ana Agreement #C0800197
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. DATA OWNERSHIP: The classified confidential tax information being provided to the City
under this Agreement remains the exclusive property of 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 Franchise Tax Board has 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).
3. 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 by this
Agreement. The information obtained by FTB shall be used for tax administration and non -
tax 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.
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 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 authorized 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 FTB of any suspected violations of security or confidentiality by its users.
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.
City of Santa Ana
EXHIBIT D
Agreement #C0800197
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 FTB's 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. 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 program who are committed to
protect the data from unauthorized access, use, or disclosure.
8. 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 readable and to the extent that an individual record can no longer be
reasonably ascertained. FTB will destroy City data in accordance with the Department's
data retention policies.
9. INDEMNIFICATION: Both parties agree to indemnify, defend, and save harmless each
other, its officers, agents and employees from any and all claims and losses accruing or
resulting from any breach of confidentiality by either party and /or its employees.
10. 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 the FTB contact for purposes of resolving the
dispute. The decision of the Assistant Executive Officer shall be final.
11. SAFEGUARD QUESTIONAIRE and REVIEW: Prior to sending data to the City, FTB
requires the City to submit a safeguard questionnaire certifying the protection and
confidentiality of FTB data. The FTB 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.
12. LIMITED WARRANTY: Either party does not warrant or represent the accuracy or content
of the material available through this Agreement, and expressly disclaims any express or
implied warranty, including any implied warranty of fitness for a specific purpose.
City of Santa Ana
EXHIBIT D
Agreement #C0800197
SPECIAL TERMS AND CONDITIONS (continued)
13. CANCELLATION: Either party may terminate this Agreement, in writing for any reason,
upon thirty days (30) prior written notice. This Agreement may be terminated by either party
in the event of any breach of the terms of this Agreement. Both parties agree that in the
event of a breach to the terms of this Agreement, it shall destroy all records and any
databases created, copies made, or files attributed to the records received. The records
shall be destructed in a manner to be deemed unusable or readable and to the extent that
an individual record can no longer be reasonably ascertained, upon destruction.
14. NO THIRD PARTY LIABILITY: Nothing contained in this Agreement or otherwise shall
create any contractual relation between either party and any other party, and no party shall
relieve the City or FTB of its responsibilities and obligations hereunder. Both parties agree
to be fully responsible for the acts and omissions of its third parties and of persons either
directly or indirectly employed by any of them as it is for the acts and omissions of persons
directly employed by the City or FTB. Both parties shall have no obligation to pay or to see
the payment of any monies to any party or persons either directly or indirectly employed by
the City or FTB.
City of Santa Ana
EXHIBIT E
CITY RECORD FORMAT SPECIFICATIONS
Agreement #C0800197
Data Element Name
Start
End
Field Usage
Description
Pos.
Pos.
Size
SOCIAL SECURITY NUMBER
1
9
9 AN
Must be present unless FEIN is
provided. Fill unused field with
(SSN)
blanks.
FEDERAL EMPLOYER
10
18
9 AN
Must be present unless SSN is
provided. Fill unused field with
ID NUMBER (FEIN)
blanks.
OWNERSHIP TYPE
19
19
1 AN
Must be present: S = Sole
Proprietorship, P = Partnership, C =
Corporation, T = Trust,
L = LLC.
OWNERS LAST NAME
20
34
15 AN
Must be present if Ownership Type
in position 19 = S.
OWNERS FIRST NAME
35
45
11 AN
Must be present if Ownership Type
in position 19 = S.
OWNERS MIDDLE INITIAL
46
46
1 AN
May be blank.
47
86
40 AN
Enter if business is operating under
BUSINESS NAME
a fictitious name (Doing Business
As (DBA).
BUSINESS ADDRESS
87
126
40 AN
Address of the business location or
the residence of the owner if sole
NUMBER - AND - STREET
proprietorship.
127
166
40 A
Must be present.
CITY
167
168
2 A
Enter standard state abbreviation.
STATE
169
177
9 AN
Enter the valid ZIP Code (nine or
ZIP
five - digit) assigned by the U.S.
Postal Service. If only the first five -
digits are know, left- justify
information and fill the unused
positions with blanks.
178
185
8 N
Enter the eight -digit (MMDDCCYY).
BUSINESS START DATE
Zero fill if not known.
BUSINESS CEASE DATE 186 193 8 N Enter the eight -digit date
(MMDDCCYY) if out of
business. Zero fill if not known or
not out of business.
City of Santa Ana
EXHIBIT E
CITY RECORD FORMAT SPECIFICATIONS
Agreement #C0800197
Data Element Name Start End Field Usage Description
Pos. Pos. Size
CITY - BUSINESS -TAX- 194 196 3 N Enter three -digit number assigned
NUMBER by FTB.
NORTH - AMERICAN- 197 202 6 N Enter the six -digit NAICS code. Fill
INDUSTRY - CLASSIFICATION- unused fields with zeros.
SYSTEM ( NAICS)
STANDARD - INDUSTRIAL- 203 206 4 N Enter the 2 -4 digit SIC code. Left
CLASSIFICATION (SIC) justify (example 99 will be 9900).
Fill unused fields with zeros.
TOTAL RECORD LENGTH 206
City of Santa Ana Agreement #C0800197
EXHIBIT F
FRANCHISE TAX BOARD RECORD LAYOUT SPECIFICATIONS
Field Name
Length
Start
Description
Pos.
1
1
"P" — personal income tax record;
ENTITY TYPE
business tax record
9
2
For "P" records, primary taxpayers social
SSN or FEIN
security number; For "B" records, federal
employer identification number.
40
11
For "P" records, the primary taxpayer's last
LAST NAME
name; For "B" records, business name.
FIRST NAME
11
51
For "P" records ONLY.
MIDDLE INITIAL
1
62
For "P" records ONLY.
9
63
For "P" records filed with a joint return.
SPOUSE SSN
SPOUSE LAST NAME
17
72
For "P" records filed with a joint return.
11
89
For "P" records filed with a joint return.
SPOUSE FIRST NAME
1
100
For "P" records filed with a joint return.
SPOUSE MIDDLE INITIAL
6
101
For "P" records, principal business activity
PBA CODE
(PBA) code.
ADDRESS NUMBER
10
107
PRE - DIRECTIONAL DIRECTOR
2
117
Postal Service term (i.e., N, S, E, W, NE,
NW, SE, SW).
STREET NAME
28
119
STREET SUFFIX
4
147
POST DIRECTIONAL INDICATOR
2
151
Postal Service term (i.e., N, S, E, W, NE,
NW, SE, SW).
STREET SUFFIX 2
4
153
APARTMENT /SUITE NUMBER
10
157
CITY
13
167
2
180
Standard state abbreviation
STATE
5
182
The valid ZIP Code (nine or five - digit)
ZIP CODE
assigned by the U.S. Postal Service.
ZIP CODE SUFFIX
4
187
Provided if known.
1
191
"N" — No match per CBT data. "Y" — Yes:
CBT MATCH
CBT matched to state tax return filed.
City of Santa Ana Agreement #C0800197
EXHIBIT F
FRANCHISE TAX BOARD RECORD LAYOUT SPECIFICATIONS
Field Name
Length
Start
Description
Pos.
ENTITY TYPE
1
1
"P" — personal income tax record;
"B" — business tax record
SSN or FEIN
9
2
For "P" records, primary taxpayers social
security number; For "B" records, federal
employer identification number.
LAST NAME
40
11
For "P" records, the primary taxpayer's last
name; For "B" records, business name.
FIRST NAME
11
51
For "P" records ONLY.
MIDDLE INITIAL
1
62
For "P" records ONLY.
SPOUSE SSN
9
63
For "P" records filed with a joint return.
SPOUSE LAST NAME
17
72
For "P" records filed with a joint return.
SPOUSE FIRST NAME
11
89
For "P" records filed with a joint return.
SPOUSE MIDDLE INITIAL 1 100 For "P" records filed with a joint return.
PBA CODE 6 101 For "P" records, principal business activity
(PBA) code.
ADDRESS NUMBER 10 107
PRE - DIRECTIONAL DIRECTOR 2 117
STREET NAME 28 119
STREET SUFFIX 4 147
POST DIRECTIONAL INDICATOR 2 151
STREET SUFFIX 2 4 153
APARTMENT /SUITE NUMBER 10 157
CITY 13 167
STATE 2 180
ZIP CODE 5 182
ZIP CODE SUFFIX 4 187
CBT MATCH 1 191
Postal Service term (i.e., N, S, E, W, NE,
NW, SE, SW).
Postal Service term (i.e., N, S, E, W, NE,
NW, SE, SW).
Standard state abbreviation
The valid ZIP Code (nine or five - digit)
assigned by the U.S. Postal Service.
Provided if known.
"N" — No match per CBT data. "Y" — Yes:
CBT matched to state tax return filed.
City of Santa Ana
EXHIBIT G
CONFIDENTIALITY STATEMENT
State of California
Agreement #C0800197
Franchise Tax Board
Confidential tax return information is protected from disclosure by law, regulation, and
policy. Information security is strictly enforced. Violators may be subject to disciplinary,
civil, and/or criminal action. Protecting confidential tax return information is in the
public's interest, the state's interest, and the city's interest.
A city employee is required to protect the following types of information received from
the Franchise Tax Board:
• Taxpayer name
• Taxpayer address
• Taxpayer social security number or taxpayer identification number
• Principal business activity code
A city employee is required to protect confidential information by:
Accessing or modifying information only for the purpose of performing official duties.
Never accessing or inspecting information for curiosity or personal reasons.
• Never showing or discussing confidential information to or with anyone who does not
have the need to know.
Placing confidential information only in approved locations.
Never removing confidential information from your work site without authorization.
As a city employee, you are required to know whether information is protected. if you have any
question regarding whether particular information is confidential, check with your department's
project coordinator.
Unauthorized inspection, access, use, or disclosure of confidential tax return information
is a crime under state laws, including but not limited to Sections 19542 and 19552 of the
California Revenue and Taxation Code and Section 502 of the Penal Code. Unauthorized
access, inspection, use, or disclosure may result in either or both of the following:
State criminal action
• State and /or taxpayer civil action
You are reminded that these rules are designed to protect everyone's right to privacy, including
your own.
nbdentiality statement printed above. I further certify and
1 certify that 1 have read the co
understand that unauthorized access, inspection, use, or disclosure of confidential
information may be punishable as a crime and may result in disciplinary and /or civil
action being taken against me.
STA LIFORNIA
STA DARD AGREEMENT
STD 213 (Rev 06/03)
n�
2
�-� 3
N�
~' n PY AGREEMENT NUMBER
.- C0700197
REGISTRATION NUMBER
This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Franchise Tax Board
CONTRACTOR'S NAME
City of Santa Ana
The term of this
Agreement is: June 1, 2009 through December 31, 2011
N- 2009 -032
The maximum amount $ 0.00
of this Agreement is: NON - FINANCIAL
The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made
a part of the Agreement.
Exhibit A — Scope of Work 2 page
Exhibit C" — General Terms and Conditions GTC307
Exhibit D - Special Terms and Conditions 3 pages
Exhibit E — FTB Record Layout Specifications 2 pages
Exhibit F — FTB Record Layout Specifications 2 pages
Exhibit G — Confidentiality Statement 1 pages
Items shown with an Asterisk ("), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.dgs.ca.gov /contracts
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
California Department of General
Services Use Only
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Santa Ana
BY (Authorized Sig re)
DATE SIGNED(Do not type)
PRINTED NAftff AND TI E OF PERSON SIGNING
DAVID N. REAM, City Manager
ADDRESS
P.O. Box 1964, M -15, Santa Ana, CA 92702
STATE OF CALIFORNIA
AGENCY NAME
Franchise Tax Board
BY (Authorized Signature)
DATE SIGNED(Do not type)
�s
® Exempt per: SCM 4.04.5.b.
PRINTED NAME AND TITLE OF PERSON SIGNING
Lisa Garrison, Chief Financial Officer
ADDRESS
P.O. Box 2086, Rancho Cordova, CA 95741 -2086
City of Santa Ana Agreement #C0800197
IN WITNESS WHEREOF, the parties hereto have executed this Agreement C0700197,
The date and year first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.- FLETCHER
City Attorney
By: G /'
Xur heedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
FRANCISCO GUTIERREZ
Finance & Management Services
A
City of Santa Ana
EXHIBIT A
SCOPE OF WORK
Agreement #C0800197
This Agreement is entered into by and between the Franchise Tax Board, herein referred to as
(FTB) and the City of Santa Ana, herein after referred to as the City.
Purpose:
This Agreement allows FTB and the City to enter into a reciprocal agreement to exchange tax
data specific to city business license information for tax administration purposes. By entering
into a reciprocal agreement, each panty agrees to bare their own costs of providing the data and
the City is precluded from obtaining reimbursement.
Both parties will abide by the legal and confidential provisions of this Agreement. Exhibits A, C,
D, E, F, and G attached hereto and incorporated by reference herein, sets forth additional terms
to which the parties agree to be bound.
Legal Authority:
California Revenue and Taxation Code Section 19551.5 authorize a reciprocal agreement for
the exchange of city business tax and income tax information between a City and FTB.
City Responsibilities:
1. The City agrees that the information provided by FTB will be used exclusively to administer
the City's business tax program.
2. The City 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; and only
accessed by City employees.
3. The City agrees to provide FTB with tax information pursuant to Exhibit E, Format
Specifications, which shall include but is not limited to the following:
• Business or owner's name.
• Business or residence address.
• Federal employer identification number or social security number.
• North American Industry Classification Code or Standard Industry Classification Code.
4. The City agrees to extract and provide City data to FTB annually in June for each tax year
that the Agreement is in place, June 2009, 2010, and 2011
5. The City agrees to submit the records to FTB using FTB's Secure Web Internet File Transfer
(SWIFT).
6. The City agrees to submit the records to FTB in ASCII fixed length format, .txt, per the
Format Specifications, Exhibit E.
7. The City agrees to resubmit data in the event data is initially submitted with errors. The
resubmission of data must be within 30 days of notification. If data is not submitted
accurately and timely, the City forfeits its rights to FTB data for that year.
City of Santa Ana
EXHIBIT A
Agreement #C0800197
SCOPE OF WORK (continued)
8. The City agrees that each City employee having access to FTB data shall sign a
Confidentiality Statement, Exhibit G. The signed statement is to be retained by the City and
produced to FTB upon request.
9. The City agrees to submit to FTB a completed safeguard questionnaire prior to receiving
FTB data. The safeguard questionnaire is valid for the duration of the Agreement.
10. The City agrees to provide a copy of
on of the resolution, order,
entotion, or ordinance of the local
governing body, authorizing the execution
FTB Responsibilities:
1. FTB agrees that information provided by the City will be used for tax administration and non -
tax programs that FTB administers and may be shared with other state /federal agencies as
authorized by law.
2. FTB 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.
3. FTB agrees to provide the City data extracted from the Taxpayer Information (TI) and
Business Entity Tax System (BETS). FTB will provide the City records for taxpayers within
the city's jurisdiction who indicate a business on their personal or corporation income tax
return. The Record Layout, Exhibit F shall include, but is not limited to:
• Taxpayer name.
• Taxpayer address.
• Taxpayer social security number or federal employer identification number.
• Principal business activity code.
4. FTB agrees loo er match the identification number gainst F B's datahwith social indicator on the
federal employer
Record Layout, Exhibit F.
5. FTB agrees provide the City an annual for tax year 2009, and Decembe'rr 2011 for tax December is SWIFT. 008,
December 2010 y
6. FTB agrees to register the City for a SWIFT account, allowing for the secure electronic
transmission of data.
7. FTB agrees to provide the City a unique City Business Tax Number to be used for reporting
purposes only.
8. FTB agrees to allow the City to resubmit data within 30 days of notification, in the event data
is initially submitted with errors.
City of Santa Ana Agreement #C0800197
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. DATA OWNERSHIP: The classified confidential tax information being provided to the City
under this Agreement remains the exclusive property of 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 Franchise Tax Board has 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).
3. 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 by this
Agreement. The information obtained by FTB shall be used for tax administration and non -
tax 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.
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 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 authorized 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 FTB of any suspected violations of security or confidentiality by its users.
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.
City of Santa Ana
EXHIBIT D
Agreement #C0800197
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 FTB's 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. 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 program who are committed to
protect the data from unauthorized access, use, or disclosure.
8. 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 readable and to the extent that an individual record can no longer be
reasonably ascertained. FTB will destroy City data in accordance with the Department's
data retention policies.
9. INDEMNIFICATION: Both parties agree to indemnify, defend, and save harmless each
other, its officers, agents and employees from any and all claims and losses accruing or
resulting from any breach of confidentiality by either party and /or its employees.
10. 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 the FTB contact for purposes of resolving the
dispute. The decision of the Assistant Executive Officer shall be final.
11. SAFEGUARD QUESTIONAIRE and REVIEW: Prior to sending data to the City, FTB
requires the City to submit a safeguard questionnaire certifying the protection and
confidentiality of FTB data. The FTB 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.
12. LIMITED WARRANTY: Either party does not warrant or represent the accuracy or content
of the material available through this Agreement, and expressly disclaims any express or
implied warranty, including any implied warranty of fitness for a specific purpose.
City of Santa Ana
EXHIBIT D
Agreement #C0800197
SPECIAL TERMS AND CONDITIONS (continued)
13. CANCELLATION: Either party may terminate this Agreement, in writing for any reason,
upon thirty days (30) prior written notice. This Agreement may be terminated by either party
in the event of any breach of the terms of this Agreement. Both parties agree that in the
event of a breach to the terms of this Agreement, it shall destroy all records and any
databases created, copies made, or files attributed to the records received. The records
shall be destructed in a manner to be deemed unusable or readable and to the extent that
an individual record can no longer be reasonably ascertained, upon destruction.
14. NO THIRD PARTY LIABILITY:, Nothing contained in this Agreement or otherwise shall
create any contractual relation between either party and any other party, and no party shall
relieve the City or FTB of its responsibilities and obligations hereunder. Both parties agree
to be fully responsible for the acts and omissions of its third parties and of persons either
directly or indirectly employed by any of them as it is for the acts and omissions of persons
directly employed by the City or FTB. Both parties shall have no obligation to pay or to see
the payment of any monies to any party or persons either directly or indirectly employed by
the City or FTB.
City of Santa Ana
EXHIBIT E
CITY RECORD FORMAT SPECIFICATIONS
Agreement #C0800197
Data Element Name
SOCIAL SECURITY NUMBER
(SSN)
Start
Pos.
1
End Field _
Pos. Size
g
Usage
AN
Description
Must be present unless FEIN is
provided. Fill unused field with
blanks.
FEDERAL EMPLOYER
ID NUMBER (FEIN)
10
18 9
AN
Must be present unless SSN is
provided. Fill unused field with
blanks.
OWNERSHIP TYPE
19
19 1
AN
Must be present: S = Sole
Proprietorship, P = Partnership, C =
Corporation, T = Trust,
L = LLC.
OWNERS LAST NAME
20
34 15
AN
Must be present if Ownership Type
in position 19 = S.
OWNERS FIRST NAME
35
45 11
AN
Must be present if Ownership Type
in position 19 = S.
OWNERS MIDDLE INITIAL
46
46 1
AN
May be blank.
BUSINESS NAME
47
86 40
AN
a fictitious name (Doing Business er
f
As (DBA).
BUSINESS ADDRESS
NUMBER - AND - STREET
87
126 40
AN
he residence business
f the owner if sole r
proprietorship.
CITY
STATE
127
167
166 40'
168 2
A
A
Must be present.
Enter standard state abbreviation.
ZIP
169
177 9
AN
Enter the valid ZIP Code (nine or
five- digit) assigned by the U.S.
Postal Service. If only the first five-
digits are know, left- justify
information and fill the unused
positions with blanks.
BUSINESS START DATE
178
185 8
N
Enter the eight -digit (MMDDCCYY).
Zero fill if not known.
BUSINESS CEASE DATE 186 193 8 N Enter the eight -digit date
(MMDDCCYY) if out of
business. Zero fill if not known or
not out of business.
s `
City of Santa Ana Agreement #C0800197
EXHIBIT F
FRANCHISE TAX BOARD RECORD LAYOUT SPECIFICATIONS
Field Name
Length
Start
Description
Pos.
ENTITY TYPE
1
1
"P" — personal income tax record;
"B" — business tax record
SSN or FEIN
9
2
For "P" records, primary taxpayers social
security number; For "B" records, federal
employer identification number.
LAST NAME
40
11
For "P" records, the primary taxpayer's last
name; For "B" records, business name.
FIRST NAME
11
51
For "P" records ONLY.
MIDDLE INITIAL
1
62
For "P" records ONLY.
SPOUSE SSN
9
63
For "P" records filed with a joint return.
SPOUSE LAST NAME
17
72
For "P" records filed with a joint return.
SPOUSE FIRST NAME
11
89
For "P" records filed with a joint return.
SPOUSE MIDDLE INITIAL
1
100
For "P" records filed with ajoint return.
PBA CODE
6
101
For "P" records, principal business activity
(PBA) code.
ADDRESS NUMBER 10 107
PRE - DIRECTIONAL DIRECTOR 2 117
STREET NAME 28 119
STREET SUFFIX 4 147
POST DIRECTIONAL INDICATOR 2 151
STREET SUFFIX 2 4 153
APARTMENT /SUITE NUMBER 10 157
CITY 13 167
STATE 2 180
ZIP CODE 5 182
ZIP CODE SUFFIX 4 187
CBT MATCH 1 191
Postal Service term (i.e., N, S, E, W, NE,
NW, SE, SW).
Postal Service term (i.e., N, S, E, W, NE,
NW, SE, SW).
Standard state abbreviation
The valid ZIP Code (nine or five - digit)
assigned by the U.S. Postal Service.
Provided if known.
"N" — No match per CBT data. "Y" — Yes:
CBT matched to state tax return filed.
City of Santa Ana
EXHIBIT G
CONFIDENTIALITY STATEMENT
State of California
Agreement #C0800197
Franchise Tax Board
Confidential tax return information is protected from disclosure by law, regulation, and
policy. Information security is strictly enforced. Violators may be subject to disciplinary,
civil, and /or criminal action. Protecting confidential tax return information is in the
public's interest, the state's interest, and the city's interest.
A city employee is required to protect the following types of information received from
the Franchise Tax Board:
• Taxpayer name
• Taxpayer address
• Taxpayer social security number or taxpayer identification number
• Principal business activity code
A city employee is required to protect confidential information by:
• Accessing or modifying information only for the purpose of performing official duties.
• Never accessing or inspecting information for curiosity or personal reasons.
• Never showing or discussing confidential information to or with anyone who does not
have the need to know.
• Placing confidential information only in approved locations.
• Never removing confidential information from your work site without authorization.
As a city employee, you are required to know whether information is protected. if you have any
question regarding whether particular information is confidential, check with your department's
project coordinator.
Unauthorized inspection, access, use, or disclosure of confidential tax return information
is a crime under state laws, including but not limited to Sections 19542 and 19552 of the
California Revenue and Taxation Code and Section 502 of the Penal Code. Unauthorized
access, inspection, use, or disclosure may result in either or both.of the following:
• State criminal action
• State and /or taxpayer civil action
You are reminded that these rules are designed to protect everyone's right to privacy, including
your own.
I certify that I have read the confidentiality statement printed above. I further certify and
understand that unauthorized access, inspection, use, or disclosure of confidential
information may be punishable as a crime and may result in disciplinary and /or civil
action being taken against me.
COTC PROCESSING FORM
AGREEMENTS AND AMENDMENTS
TO: CLERK OF THE COUNCIL OFFICE
FROM: DEPT.: Finance & Management Services
MAIL STOP:
PROJECT MANAGER: _ Christine-C. Duarte Treasury Manager EXT.:
M -13
x5335
COUNCIL APPROVAL DATE: N/A ITEM #: N/A
TERM OF AGREEMENT- EFFECTIVE DATE: June 1, 2009 TERMINATION DATE: December 31, 2011
SIGNATURES REQUIRED:
❑ VENDOR ® AGENCY
❑ CITY ATTORNEY ® OTHER
(INSURANCE APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC)
INSURANCE REQUIRED: El YES
�. ® NO (Provide City Attorney Office approval)
❑ AUTO ❑ CGL (Commercial General Liability)
❑ PROFESSIONAL LIABILITY ❑ WORKERS COMPENSATION
COMMENTS: * 3 signed replacemen pages (Page 1 only) required; due May 7, 2009. Signed by David Ream.
Please be sure and use same agreement designation number as original (N- 2009 -032)
Hold for pick -up by Will Holt x5456.
CLERK OFFICE USE ONLY:
❑ PROCESS
ADDITIONAL REMARKS:
❑ DO NOT PROCESS
❑ MISSING CONTACT /PROJECT MANAGER
INFORMATION
❑ MISSING SIGNATURES
❑ NEEDS COUNCIL APPROVAL
❑ OTHER
Charter amendment effective December 21, 2006 for City Manager contract authority increase.