state of california master service agreement user … · a state agency’s paal, please refer to...

Department of General Services (DGS) Procurement Division (PD) Multiple Awards Program Section (MAPS) 707 Third Street, 2nd Floor West Sacramento, CA 95605-2811

State of California

MASTER SERVICE AGREEMENT USER INSTRUCTIONS

****NON-MANDATORY****

ISSUE AND EFFECTIVE DATE: 03/09/2018

CONTRACT NUMBER: 5177013 DESCRIPTION: Credit Monitoring and Identity Theft Services

CONTRACTOR: Identity Theft Guard Services dba ID Experts

CONTRACT TERM: 03/05/2018 through 03/04/2021

SINGLE ORDER LIMIT:

$1,500,000.00, including amendments, unless otherwise specified by approved delegated purchasing authority. Each state agency’s purchasing authority is listed by acquisition type and method on their Purchasing Authority Approval Letter (PAAL).

USER AGENCIES: State of California and Local Government

STATE CONTRACT ADMINISTRATOR:

Michael Wong (916) 441-9619 [email protected]

Changes to these User Instructions will be issued through a Supplement.

Please carefully review the User Instructions in its entirety. After reviewing the User Instructions, if you need further assistance or have questions, please contact the State Contract Administrator and reference the “Description” and/or a Master Service Agreement number listed above.

ORIGINAL SIGNATURE ON FILE

Michael Wong, Procurement Official Date

mailto:[email protected]

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION

MSA 5177013 (Non-Mandatory) User Instructions Credit Monitoring and Identity Theft Services

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TABLE OF CONTENTS

1. SCOPE AND OVERVIEW ...................................................................................... Page 3 2. CONTRACT AVAILABILITY .................................................................................. Page 3

A. State Agencies ................................................................................................. Page 3 B. Local Government Agencies ............................................................................. Page 3

3. CONTRACT ADMINISTRATORS .......................................................................... Page 4 A. State Contact .................................................................................................... Page 4 B. Contractor Contact ........................................................................................... Page 4 C. Problem Resolution/Contractor Performance.................................................... Page 4

4. CONTRACT INFORMATION ................................................................................. Page 5 A. Master Agreement Documents ......................................................................... Page 5 B. Agreement Term .............................................................................................. Page 5 C. Available Services ............................................................................................ Page 5 D. Contractor Pricing ............................................................................................. Page 6 E. DGS Administrative Fee ................................................................................... Page 6 F. SB/DVBE Participation ..................................................................................... Page 6

5. CONTRACT USAGE/RULES ............................................................................... Page 6 A. Adherence to Applicable Laws ......................................................................... Page 6 B. Purchasing Authority ........................................................................................ Page 6 C. Order Limits/Dollar Thresholds ......................................................................... Page 7 D. Agreement Summary (STD 215) ...................................................................... Page 7

6. ORDERING PROCEDURES .................................................................................. Page 7 A. Subsidiary Agreement Requirements ............................................................... Page 7 B. Subsidiary Agreement Execution ...................................................................... Page 9

7. INVOICING AND PAYMENT ................................................................................. Page 9 A. Payment Terms ................................................................................................ Page 9 B. Payee Data Record ........................................................................................ Page 10

8. DOCUMENTS ..................................................................................................... Page 10



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1. SCOPE AND OVERVIEW The Department of General Services, Procurement Division (DGS-PD) has established this California Master Service Agreement (MSA) contract for Credit Monitoring and Identity Theft Services with Identity Theft Guard Solutions, dba ID Experts pursuant to Public Contract Code (PCC) 10298 and 10299. The use of this MSA is optional for all State of California and local governmental agencies. The MSA provides State agencies and local governmental agencies the opportunity to acquire services in accordance with the instructions provided herein and the terms and conditions outlined in the MSA. Note: Throughout this document, “MSA” may be used interchangeably with “Agreement”. Unless otherwise specified within this document, the term “User Agencies” will refer to State agencies and local governmental agencies eligible to utilize this contract. “Subsidiary Agreements” shall refer to contracts or orders established under the MSA between User Agencies and the Contractor.

2. CONTRACT AVAILABILITY

A. State Agencies

Use of this MSA is non-mandatory for State of California agencies.

B. Local Government Agencies

1) Use of this MSA is optional for local government agencies.

2) Pursuant to Public Contract Code §10298-10299, a local government agency is any city, county, district, or other local governmental body or corporation empowered to expend public funds for the acquisition of goods, information technology, or services. Reference to local government agencies will also include the California State Universities (CSU) and University of California (UC) systems, school districts, and community colleges.

3) Each local agency shall make its own determination as to whether using this MSA is consistent with its procurement policies and regulations.

4) Local governmental agencies have no authority to amend, modify or change any condition of the MSA.



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3. CONTRACT ADMINISTRATORS The State contract administrator and MSA Contractor contract administrator, assigned as single points of contact for problem resolution and related contract issues, are listed below. A. State Contact

State Contract Administrator Name: Michael Wong Phone: (916) 441-9619 E-Mail: [email protected]

Address: Department of General Services Procurement Division 707 Third Street, 2nd Floor, MS 2-202 West Sacramento, CA 95605

B. Contractor Contact

ID Experts Contract Administrator Name: Morgan Bell

Phone: (541) 490-0567 (cell) (971) 242-4729 (office)

E-Mail: [email protected]

Address: Identity Theft Guard Solutions dba ID Experts 10300 SW Greenburg Rd., Suite 570 Portland, OR 97223

C. Problem Resolution/Contractor Performance

User agencies should first attempt to resolve complaints, issues or disputes informally with the Contractor. If the issue or dispute cannot be resolved by the User Agency, the issue may be elevated to the DGS-PD State Contract Administrator.





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4. CONTRACT INFORMATION

A. Master Agreement Documents

The MSA documents are posted at the Cal eProcure website. To obtain copies:

• Go to the Cal eProcure – LPA Contract Details webpage at: https://caleprocure.ca.gov/PSRelay/ZZ_PO.ZZ_CTR_SUP_CMP.GBL?Page=ZZ_CTR_SUP_PG&Action=U&SETID=STATE&CNTRCT_ID=5177013

• Under Attachments, Click View ( ) to download the MSA documents. Additional information is also available on the DGS-PD MSA website at: http://www.dgs.ca.gov/pd/Programs/Leveraged/masteragreements/CreditMonitoringandIdentityTheftServices.aspx

B. Agreement Term 1) This MSA term shall be for a three (3) years. The DGS reserves the right to

extend this MSA for two (2) additional one (1) year periods at the same rates, terms and conditions. Extensions will be made by amendment to the MSA.

2) The current MSA term is listed on the cover page (page 1) of these User Instructions.

3) User Agencies’ Subsidiary Agreements must be executed on or before the expiration date of the MSA. All Subsidiary Agreements and orders issued against this MSA prior to the MSA End Date must be fulfilled in its entirety.

4) User Agencies may terminate their Subsidiary Agreement or cancel a portion of the service(s) for any reason with a thirty (30) days written notice.

C. Available Services The MSA Contractor will only provide services in accordance with the terms and conditions of this MSA, which include:

• Notification Services • Call Center Support Services • Single-Bureau Credit Monitoring • Triple-Bureau Credit Monitoring

Refer to Exhibit A for a complete description of services.

https://caleprocure.ca.gov/PSRelay/ZZ_PO.ZZ_CTR_SUP_CMP.GBL?Page=ZZ_CTR_SUP_PG&Action=U&SETID=STATE&CNTRCT_ID=5177013

https://caleprocure.ca.gov/PSRelay/ZZ_PO.ZZ_CTR_SUP_CMP.GBL?Page=ZZ_CTR_SUP_PG&Action=U&SETID=STATE&CNTRCT_ID=5177013

http://www.dgs.ca.gov/pd/Programs/Leveraged/masteragreements/CreditMonitoringandIdentityTheftServices.aspx

http://www.dgs.ca.gov/pd/Programs/Leveraged/masteragreements/CreditMonitoringandIdentityTheftServices.aspx



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D. Contractor Pricing

1) The MSA rates listed in Attachment 1 – Cost Worksheet are the maximum rates to be charged per individual for each corresponding service in each Tier. The rates are guaranteed for the entire MSA term.

2) Contractor may offer greater discounts and/or lower prices than those published in Attachment 1 – Cost Worksheet, however rates must NOT exceed the published rates.

E. DGS Administrative Fee

The DGS will bill each State agency an administrative fee for use of this statewide MSA. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS. Current fees are available online in the Procurement Division Price Book located at: http://www.dgs.ca.gov/ofs/Pricebook.aspx. (Click on “PDF”)

F. SB/DVBE Participation There is no California-certified Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this MSA.

5. CONTRACT USAGE/RULES

A. Adherence to Applicable Laws

State agencies must adhere to all applicable State laws, regulations, policies, best practices, and purchase authority requirements (e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manuals).

B. Purchasing Authority

For this Master Agreement the acquisition method, type and category are:

Acquisition Method Leveraged Procurement Agreements (no further competition required)

Acquisition Type Master Agreements

Acquisition Category IT Services

http://www.dgs.ca.gov/ofs/Pricebook.aspx



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Prior to executing Subsidiary Agreements under this MSA, State agencies must have been granted purchasing authority by DGS-PD for the use of the method, type, and categories listed above. The State agency’s current Purchasing Authority Number must be entered in the appropriate location on each purchase document. State agencies may contact the DGS-PD Purchasing Authority Management Section for information at [email protected].

C. Order Limits/Dollar Thresholds

State Agencies may execute Subsidiary Agreements up to the maximum order limit listed on page 1, unless otherwise specified by their approved delegated purchasing authority. Each State agency’s purchasing authority is listed by acquisition method, type, and category on their Purchasing Authority Approval Letter (PAAL). To review a state agency’s PAAL, please refer to this web link and go to the “Departments with Approved Purchasing Authority” tab.

D. Agreement Summary (Std. 215)

State agencies using this MSA must complete and retain an Agreement Summary (Std. 215) within their contract file. The Std. 215 must include written justification that includes specific and detailed factual information that demonstrates how the contract meets one or more of the conditions specified in Government Code § 19130 (b).

6. ORDERING PROCEDURES

A. Subsidiary Agreement Requirements

Prior to rendering services, the User Agency and the Contractor must execute a Subsidiary Agreement that: Incorporates all of the terms and conditions of the MSA by reference

(i.e. “Master Service Agreement 5177013 and its amendments are hereby incorporated by reference and made a part of this agreement.”)

Includes specific User Agency terms and requirements (i.e. scope of work, agency contact, and payment provisions, as applicable) none of which may alter, rescind, or be in conflict with the terms and conditions of the MSA.

Note: While there is no need to duplicate the MSA contract language, User Agencies should include details specific to the Subsidiary Agreement between the User Agency and the MSA Contractor.


http://www.dgs.ca.gov/pd/Programs/Delegated.aspx



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1) State Agency – Contract Form State agencies not transacting in FI$Cal must use the Standard Agreement

(STD 213) for Subsidiary Agreements. State agencies transacting in FI$Cal will follow the FI$Cal procurement and

contracting procedures. Scope of Work – Including the specific services being ordered and the

agency contract manager contact information. Include SOW as Exhibit A of the Subsidiary Agreement.

Subsidiary Agreements should include:

• Specific Services procured • Number of Eligible Persons • Price per Service • Subtotal for each Service (Price per Service X Number of Eligible

Persons) Agency specific terms and conditions – Including budget, invoice and

payment provisions (e.g. mailing address/contact for invoices) as applicable.

The contract language for the MSA contract executed with DGS is not to be attached to the User Agency’s Subsidiary Agreement. Do not change or repeat the terms and conditions of the MSA.

TERMINATION/CANCELLATION Ordering agencies are to add the following language to their Subsidiary Agreement:

“In addition to any other provision of this Agreement, the Ordering Agency may terminate this Agreement or cancel a portion of the service(s) for any reason with thirty (30) days written notice.

GENERAL PROVISIONS – INFORMATION TECHNOLOGY GSPD-401IT (Rev. 9/5/14) Contractor signed and agreed to the General Terms and Conditions (DSPD-401IT) and is already included in the agreement. There is no need to incorporate the document as the version noted above has already been included in the MSA contract with DGS.

DARFUR CONTRACTING ACT CERTIFICATION Contractor has a signed Darfur Contracting Act Certification on file with the DGS-PD.

IRAN CONTRACTING ACT CERTIFICATION



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Contractor has a signed Iran Contracting Act Certification on file with the DGS-PD.

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION Contractor has a signed California Civil Rights Law Certification on file with the DGS-PD.

2) Local Agency - Contract Form Local governmental agency Subsidiary Agreements must contain the following:

Local Agency’s contract form/document (equivalent to the State’s STD 213

form)

Scope of Work – Including the specific services being ordered and the agency contract manager contact information. Include SOW as Exhibit A of the Subsidiary Agreement.

Subsidiary Agreements should include:

• Specific Services being procured • Number of Eligible Persons • Price per Service • Subtotal for each Service (Price per Service X Number of Eligible

Persons) Agency specific terms and conditions – Including, budget, invoice and

payment provisions (e.g. mailing address/contact for invoices) as applicable.

The contract language for the MSA contract executed with DGS is not to be attached to the ordering agency’s Subsidiary Agreement. Do not change or repeat the terms and conditions of the MSA.

B. Subsidiary Agreement Execution Ordering Agencies must submit a Subsidiary Agreement to the MSA Contractor for services. The Subsidiary Agreement must be executed before services are rendered.

7. INVOICING AND PAYMENT A. Payment Terms

Refer to Exhibit B for payment terms and provisions.



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B. Payee Data Record

Each State accounting office must have a Payee Data Record form (Std. 204) in order to process payment of invoices. Agencies should request a Std. 204 from the contractor and forward a copy of the Std. 204 to their accounting.

8. DOCUMENTS Exhibit A – Scope of Work Exhibit B – Budget Detail and Payment Provisions Attachment 1 – Cost Worksheet

****

Agreement Number 5177013 Page 1 of 6

EXHIBIT A

SCOPE OF WORK

1. INTRODUCTION

A. This Credit Monitoring and Identity Theft Services Master Service Agreement (MSA) providesState and local governmental agencies, which are defined as any city and/or county, district, orother local governmental body or corporation, including the California State Universities (CSU)and University of California (UC) systems, K-12 schools and community colleges empoweredto expend public funds (hereinafter collectively referred to as “User Agencies”), with anopportunity to acquire the following services quickly and easily:

1) Notification Services2) Call Center Support Services3) Credit and Identity Theft Monitoring Services

B. All services must be performed within the continental United States of America.

2. AGREEMENT TERM

A. This Master Service Agreement (“MSA” or “Agreement”) shall be for a three (3) year term, asspecifically noted on the attached STD. 213 Standard Agreement (the “Effective Date”). TheDepartment of General Services (DGS) reserves the right to extend this Agreement for two (2)optional one (1) year periods at the same bid rates, terms and conditions.

B. All Subsidiary Agreements and orders issued against this MSA prior to the MSA End Datemust still be fulfilled in its entirety.

C. In addition to any other provision of this Agreement, the State may terminate this Agreement orcancel a portion of the service for any reason with thirty (30) days written notice.

3. CONTRACT MANAGEMENT

A. The Contractor shall provide the DGS Contract Administrator the name, address, telephonenumber and e-mail address of its Contract Manager directly responsible for managing thisAgreement. Should the Contractor’s Contract Manager change or any of its contactinformation change, the Contractor shall provide the DGS Contract Administrator updatedinformation no later than ten (10) business days after the date of such change. The Contractoris responsible for notifying all contracting User Agencies in writing of any changes to a contactperson, address, telephone numbers, or any other information deemed important to thefunctionality of the MSA.


EXHIBIT A

B. As of the Effective Date of this Agreement, the DGS Contract Administrator for the State of California shall be as follows: Michael Wong Contract Administrator Department of General Services Procurement Division 707 Third Street, 2nd Floor West Sacramento, CA 95605 (916) 441-9619 [email protected]

4. OVERVIEW OF SERVICES

A. Definition of Services

1) “Notification Services” - The Contractor must prepare, print and send all Notification Letters

via the delivery method specified by the User Agency. User Agency shall provide a list of names and addresses of Eligible Persons to whom the notifications must be sent, and notification template(s) found in SIMM 5340-C Requirements to Respond to Incidents Involving Breach of Personal Information.

2) “Call Center Support Services” - The Contractor must provide a call center. Staff at the call center must answer general questions regarding services, eligibility, and enrollment in a courteous and professional manner, using the FAQ script, if provided by the User Agency.

3) “Credit and Identity Theft Monitoring Services” - The Contractor must provide daily monitoring of one (1) or three (3) of the three (3) major credit bureaus (Experian, TransUnion, and Equifax), depending on the level of services selected by the User Agency. Contractor must monitor for activity including, but not limited to, new lines of credit and credit inquiries.

B. User Agencies may decide, at its sole discretion, to begin using the services described in the

Agreement at any time during the term of the MSA by issuing a Subsidiary Agreement.

C. User Agencies may elect to use a limited selection of services rather than all services provided under this Agreement. For example, a User Agency may activate Call Center Support Services and Credit and Identity Theft Monitoring Services but not Notification Services.

D. The Contractor must begin providing services within 48 hours of receiving an executed Subsidiary Agreement, as stated on the User Agency’s Scope of Work (SOW).


https://cdt.ca.gov/wp-content/uploads/2017/02/SIMM5340_C.pdf



EXHIBIT A

E. Notification Services

1) All Notification Letters must be approved by User Agencies prior to being printed, and mustbe in a mutually agreeable format and template as required in SIMM 5340-C. This mayinclude printing on front and back sides of the Notification Letter. It may also includeenrollment instructions within the letter or as a separate enclosure. The Contractor will alsoinclude any enclosures as necessary.

2) Notifications must not exceed five (5) total pages, including enclosures.

3) The Contractor must prepare, print, and send all notifications via standard United StatesPostal Service First-Class Mail. User Agencies may elect other delivery methods at anadditional cost to the User Agency.

4) Notification Letters must include the specific services being offered.

5) Notifications must contain unique Activation Codes to all Eligible Persons used for enrollingin Credit and Identity Theft Monitoring Services, and instructions explaining how to enroll inservices.

6) User Agencies will provide to the Contractor all necessary information (names, addresses,etc.) of Eligible Persons to whom the Notification Letters must be sent.

7) Notification Letters must not contain any additional Personally Identifiable Information (PII)that would further jeopardize Eligible Persons.

F. Call Center Support Services

1) Unless otherwise stated in the Subsidiary Agreement, the Contractor must provide callcenter services via a toll free number, Monday through Friday 6:00am to 6:00pm PacificTime, and Saturday and Sunday 8:00am to 5:00pm Pacific Time.

2) Unless otherwise stated in the Subsidiary Agreement, Call Center Support Services shallremain available for the duration of the Subsidiary Agreement.

3) Staff at the call center must answer questions regarding services, eligibility, and enrollmentin a courteous and professional manner.

G. Credit and Identity Theft Monitoring Services

1) Enrollmenta. User Agencies will provide the Contractor a list of all Eligible Persons including names

and addresses.

b. The Contractor must provide unique Activation Codes to all Eligible Persons andinstructions explaining how to enroll in services.



EXHIBIT A

c. Unless otherwise stated in the Subsidiary Agreement, Activation Codes must be valid for redemption for sixty (60) days from the date of issuance.

d. Eligible Persons must have the option to enroll online via the Contractor’s website, or offline via toll free telephone number.

e. The Contractor must begin enrolling Eligible Persons who choose to become Active Participants in monitoring services within 48 hours.

f. Active Participants will select method of correspondence from the Contractor, either

hard copy (sent via standard United States Postal Service First-Class Mail) or electronic delivery.

g. Active Participants must not be required to provide any information beyond information

required to provide the contract services.

h. The Contractor will not automatically subscribe or enroll Active Participants in follow-on services, require Active Participants to enroll in follow-on services, or imply that follow-on services are otherwise required by Active Participants. Follow-on services are additional services offered by the Contractor that are not included in the MSA or Subsidiary Agreement. Active Participants will not be required to provide any payment mechanism for the services provided in the MSA

i. Contractor must terminate services to each Active Participant at the end of each Enrollment Term. There must not be an automatic renewal of the service to the Active Participant. Contractor must notify each Active Participant in the method of correspondence selected by the Active Participant of the upcoming service termination no later than one (1) month before the expiration of the services provided.

2) Monitoring

a. The Contractor must provide daily monitoring of one (1) or three (3) of the three (3) major credit bureaus (Experian, TransUnion, and Equifax), depending on the level of services selected by the User Agency. Contractor must monitor Active Participant’s credit for anomalous or suspicious activity.

b. The Contractor must provide monitoring designed to detect theft of an Active Participant’s identity.

c. If a User Agency selects a single credit bureau monitoring service, the User Agency

must specify which bureau is to be used.

d. The Contractor must provide Alerts to Active Participants related to anomalous or suspicious activities identified by the Contractor through Contractor’s Credit Monitoring and Identity Theft Monitoring. Contractor must initiate notifying Active Participants via the notification method identified by the Active Participant within twenty-four (24) hours or less of identifying the activity.


EXHIBIT A

e. Eligible Persons that elect to become Active Participants shall receive Credit andIdentity Theft Monitoring Service and Alerts for a period of one (1) year from date ofenrollment, without regard to the term end date of the MSA.

5. CONTRACT ACTIVITY AND REPORTS

A. Each quarter, the Contractor shall submit a Quarterly Usage Report to the DGS ContractAdministrator via email or other delivery method specified by the State. The report shallsummarize the Contractor’s MSA contract activity for each User Agency and it shall beprovided to the DGS Contract Administrator no later than the fifteenth (15th) working dayfollowing the ending of the quarter’s reporting period for which an order was placed. A reportis required every quarter, even if the Contractor received no new orders during the reportingperiod.

B. The Quarterly Usage Report will separate State contracting activities from that of localgovernmental entities. The report is sorted by User Agency name, then by date within theState and local governmental entity service categories. Each line of the report shouldrepresent one (1) Subsidiary Agreement and must contain the following information:

1) User Agency Name (department, agency, etc.)2) User Agency Purchase Order Number3) Invoice Date4) Invoice Amount5) Services ordered by Tier

C. The DGS Contract Administrator reserves the right to modify this report and require Contractorto provide additional order information during the course of this contract.

6. LOCAL GOVERNMENT AGENCY INCENTIVE FEE

A. For all local government agency transactions issued against the awarded MSA, the contractoris required to remit DGS/PD an incentive fee of an amount equal to one percent 1%) of thetotal contract amount. (Example: If the net local governmental agency sales for a quarter is$100,000.00, the incentive fee due to DG/PD is $1,000.00.)

B. This incentive fee shall not be included in the User Agency’s purchase price, nor invoicedseparately to the User Agency. All prices quoted to a local governmental agency shall reflectMSA contract pricing, including any and all applicable discounts, and shall not include add-onfees.

C. Contractor payment of the local agency incentive fee to DGS/PD is due regardless of whetheror not the local governmental agency has paid the contractor for services.


EXHIBIT A

D. Contractor shall submit a check made payable to “DGS-PD” and a copy of the quarterly reportto:

MAPS Payments Processing 707 3rd Street, 2nd Floor West Sacramento, CA 95605

7. CONTRACT DOCUMENT

Prior to rendering services, User Agencies and the Contractor must execute a separate SubsidiaryAgreement that incorporates all of the terms of this MSA by reference. The Subsidiary Agreementmay contain additional User Agency specific terms and conditions, none of which may alter,rescind, or be in conflict with the terms and conditions of this MSA.

8. DEFINITIONS

A. Activation Code- Unique code issued to each Eligible Person used for enrollment of contractservices.

B. Active Participant- Eligible Person who receives and redeems an Activation Code and isreceiving Credit and Identity Theft Monitoring services.

C. Alerts- Written (hardcopy letter and/or electronic mail) and verbal telephone notifications toActive Participants of anomalous or suspicious activity to an individual’s credit and/or identity.

D. Eligible Person- Individual that meets the criteria established by a User Agency to qualify forthe contract services. The User Agency will have sole discretion to determine who qualifies asan Eligible Person.

E. Enrollment Term- The period of service when an Eligible Person enrolls in contract servicesand becomes an Active Participant. The Enrollment Term shall be no less than one (1) yearfrom the date of enrollment.

F. Personally Identifiable Information or PII- Information that can be used to distinguish ortrace an individual’s identity, either alone or when combined with other personal or identifyinginformation that is linked or linkable to a specific individual.

G. Subsidiary Agreement- Standard Agreement form (STD 213), FI$Cal Purchasing Document,or local governmental agency equivalent used by User Agency to acquire services from acontractor providing services on a Master Service Agreement (MSA). The SubsidiaryAgreements include User Agency’s specific requirements within a detailed Scope of Work andpayment provisions. State Agency Subsidiary Agreements shall be processed in accordancewith all applicable State contracting laws, policies, and procedures.

H. Triggering Event- A breach or suspected breach of PII, or any other circumstance whichresults in a User Agency activating services under this MSA through a Subsidiary Agreement.


EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. BUDGET CONTINGENCY

It is mutually agreed that if the State Budget Act of the current year and/or anysubsequent years covered under this Contract does not appropriate sufficient fundsfor the program, this Contract shall be of no further force and effect. In this event,the State shall have no liability to pay any funds whatsoever to the Contractor or tofurnish any other considerations under this Contract and the Contractor shall not beobligated to perform any provisions of this Contract.

2. INVOICES

A. Submission of Invoices

1) The Contractor shall submit itemized invoices to the User Agency contactperson at the address contained in the User Agency’s Subsidiary Agreement.The information is mandatory information to be provided for all invoices:

a) DGS MSA Contract Numberb) User Agency Purchase Order Numberc) User Agency Billing Coded) User Agency Namee) User Agency Addressf) Description of services ordered (specific services purchased, tier number,

total number of Eligible Persons, etc.)g) Appropriate pricing information, which shall not to exceed rates listed in

Attachment 1.

B. The User Agency contact person will verify and approve, or disapprove, theinvoiced items. If the User Agency does not approve the invoiced items, theinvoice will be disputed and returned to the Contractor for correction.

C. Billing Options

The User Agency using this MSA may have unique billing needs. The Contractorshall work with the User Agency to provide the agency with a billing arrangementthat meets the agency’s needs.

3. RATES

All rates for Credit Monitoring and Identity Theft Services Services in eachrespective Tier provided are listed in Attachment 1.


EXHIBIT B

4. PAYMENT

Payment for services performed under this Contract will be made upon satisfactorycompletion of services rendered and receipt of goods. The Contractor shall invoiceUser Agencies in arrears upon successful completion of services. Invoices forservices are not due and payable, and do not constitute an obligation of the UserAgency, until the month following the month for which charges are accrued.

5. PROMPT PAYMENT CLAUSE

Payment will be made in accordance with, and within the time specified inGovernment Code Chapter 4.5, commencing with Section 927.


ATTACHMENT 1 – COST WORKSHEET

Agreement Number 5177013

Attachment 1 - Cost Worksheet

DEPARTMENT OF GENERAL SERVICES – PROCUREMENT DIVISION

CREDIT MONITORING AND IDENTITY THEFT SERVICES MASTER SERVICE AGREEMENT

IDENTITY THEFT GUARD SOLUTIONS DBA ID EXPERTS

The rates specified are guaranteed for the entire MSA term as the maximum rates to be charged to User Agencies. Contractor may offer lower rates when responding to a User

Agency's Subsidiary Agreement, but cannot offer higher rates.

Tier Number of Eligible

Persons Notification Services Call Center Support Services Single-Bureau Credit Monitoring Triple-Bureau Credit Monitoring

Cost per Individual Notification Cost per Individual Call Cost per Person per Year Cost per Person per Year

I 1 – 10,000 $ $0.91 $ $0.85 $ $0.75 $ $2.10

II 10,001 – 100,000 $ $0.85 $ $0.50 $ $0.64 $ $1.99

III 100,001 – 999,999 $ $0.76 $ $0.35 $ $0.60 $ $1.66

IV 1,000,000 + $ $0.67 $ $0.30 $ $0.56 $ $1.40