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REV: 08-09-2021 RL <br />any other citations deemed as delinquent citations by Customer into the ICS system on a weekly basis. Up <br />to two collection letters will be mailed for each ICS account requesting payment. Payments will be <br />processed daily and deposited to the Customer's regular citation processing bank account. The Contractor's <br />Customer Service Center will handle all ICS related calls through a special toll-free number dedicated to <br />ICS accounts. Monthly reporting will show all accounts moved to the ICS system and all payments received <br />due to ICS efforts. <br />W. Franchise Tax Board Offset Program - Contractor will combine citations by license number for total <br />amount due, eliminate corporate names, retrieve SSN's by name from a 3rd party, combine accounts by <br />SSN, mail required FTB letters in advance of placing accounts at FTB, process payments generated by the <br />FTB process, receive phone calls generated by the FTB process, provide all systems and operational <br />procedures required for the FTB process. and provide complete reporting and reconciliation for the FTB <br />process. Customer will be required to complete required FTB paperwork and forms (with Contractor's <br />assistance), establish a SWIFT account with the FTB, and provide whatever assistance may be required <br />to work with the FTB regarding the FTB process. <br />X. Contract Requirements <br />Privacy and Security of Customer Data- Contractor agrees to keep all Customer data private and <br />secure and will not share, sell, or otherwise access the Customer data for reasons other than the <br />normal processing of parking citations or as otherwise required by law. <br />Notice of Security Breach – Contractor must immediately notify the Customer when it discovers <br />that there may have been a data security incident that has or may have resulted in compromise to <br />the Customer for purposes of this Section, “immediately” is defined as within twenty-four hours of <br />discovery. The Contractor must immediately take such actions as may be necessary to preserve <br />forensic evidence and eliminate the cause of any suspected breach or security vulnerability and <br />must promptly alert the Customer of any such circumstances, including information sufficient for <br />the Customer to assess the nature and scope of any suspected data breach. In the event of an <br />unauthorized disclosure of the Customer, the Contractor will be liable for paying for the following <br />costs to remediate any such unauthorized disclosure: <br />The reasonable cost of providing notice of the breach to individuals affected by such <br />breach; <br />The reasonable cost of providing required notice of the breach to government agencies, <br />credit bureaus, and/or other required entities; <br />The cost of providing individuals affected by such breach with credit protection services <br />designed to prevent fraud associated with identity theft crimes for a specific period not to <br />exceed 12 months; and any other service required by applicable by law. <br />The Contractor must provide any information and/or support to the Customer in issuing the actual <br />notification and <br />at the Customer’s sole discretion, the Contractor must provide actual notification if the Customer desires. <br />This section will survive termination or expiration of this Agreement. <br />Confidentiality of all other data and materials - In addition to the data security and privacy requirements <br />detailed above that apply to the Customer, any other Customer data or materials to which the Contractor <br />has access or materials prepared by the Contractor during the course of this Agreement ("confidential <br />information") shall be held in confidence by the Contractor, who shall exercise all reasonable precautions <br />to prevent the disclosure of confidential information to anyone except the officers, employees and agents <br />of the Contractor as necessary to accomplish the rendition of services set forth in Section 1 of this <br />Agreement. <br />System Backups - All systems will be backed up daily to ensure safety of data in the event of a <br />power outage or natural disaster. All backup data should be transferred and stored off-site for <br />disaster recovery. <br />Subcontracting - No portion of the Agreement, other than the independent administrative <br />hearings, shall be permitted to be subcontracted to another private or public agency without <br />ATTY/AGR.2021.211/Turbo Data Systems, Inc. (Page 15 of 23)